HomeMy WebLinkAboutCC 1987-12-10 MinutesCITY MIAMI
MINU TES
OF DEFYING HELD ON DECEMBER 10, 1987
(REGULAR & PLANNING & ZONING)
NEPAREID BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
DECEMBER 10, 1987
1.
PRESENTATIONS, PROCLAMATIONS AND
PRESENTED
1
SPECIAL ITEMS.
12/10/87
2.
CONSENT AGENDA
DISCUSSION
1-2
12/10/87
2.1
ACCEPT BID OF ANACOMP DATA SYSTEM FOR
R 87-1074
3
COMPUTER OUTPUT MICROFICHE SERVICES TO
12/10/87
THE DEPARTMENT OF COMPUTERS.
2.2
ACCEPT BID OF E-Z-GO FOR THE LEASING OF
R 87-1075
3
70 ELECTRIC GOLF CARS FOR THE MIAMI
12/10/87
SPRINGS GOLF COURSE TO THE DEPARTMENT
OF PARKS, RECREATION AND PUBLIC
FACILITIES.
2.3
ACCEPT BID OF SEA -AIR MECHANICAL, INC.
R 87-1076
3
FOR CITY HALL AIR CONDITIONING
12/10/87
IMPROVEMENTS.
2.4
AUTHORIZE PURCHASE OF FIFTY (50) SETS
R 87-1077
4
OF FIREFIGHTERS PROTECTIVE CLOTHING
12/10/87
FROM CAIRNS & BROTHERS, INC.
2.5
RESOLUTION 87-1078 AUTHORIZING CITY
R 87-1078
4
MANAGER TO UTILIZE $150,000 FOR PROJECT
12/10/87
SELECTED BY THE ECONOMIC
DEVELOPMENT/PHYSICAL IMPROVEMENT
PROJECT COMMITTEE WAS LATER
RECONSIDERED BY MOTION 87-1101 AND
REPASSED AS RESOLUTION 87-1102. (SEE
LABEL 8)
2.6
APPROVE FIVE SURVEYING AGREEMENTS WITH
R 87-1079
4
MANUEL G. VERA & ASSOC., INC., FERNANDO
12/10/87
Z. GATELL P.L.S., INC., E.R. BRONELL &
ASSOCIATES, INC., WEIDENER SURVEYING &
MAPPING P.A. AND H.J. ROSS ASSOCIATES
FOR 1988 CALENDAR YEAR.
2.7
EXECUTE AGREEMENT WHEREBY CITY SHALL
R 87-1080
5
CONSENT TO (A) SUB -LEASES FROM C.P.
12/10/87
TOWER, LTD. AND C.P. RETAIL, LTD. TO
CENTRUST OWNED ENTITY; (B) THE
MORTGAGING BY ABOVE PARTNERSHIPS OF
SPECIFIC INTERESTS IN CENTRUST TOWER;
AND (C) THE SALE OF STOCK IN ABOVE
PARTNERSHIPS TO CHRYSLER CAPITAL
CORPORATION.
2.8
ALLOCATE UP TO $25,000 FROM THE
R 87-1081
5
DEPARTMENT OF CONFERENCES AND
12/10/87
CONVENTIONS FUND IN SUPPORT OF "THE
SUPERSTARS FOR 1988" WITH CERTAIN
CONDITIONS PLACED THEREON.
2.9
ALLOCATE UP TO $150,000 TO FINANCE
R 87-1082
5
CRIMINAL INVESTIGATIONS.
12/10/87
2.10
CO -DESIGNATE S.W. 13TH AVENUE AS "CUBAN
R 87-1083
6
MEMORIAL BOULEVARD."
12/10/87
f�f
i
2.11
TERMINATE PROFESSIONAL SERVICES OF
LEGGATT MCCALL ADVISORS, INC., FOR
MIAMI INDUSTRIAL LAND USE NEEDS STUDY;
SERGIO RODRIGUEZ TO COMPLETE PROJECT.
2.12
NEGOTIATE ACQUISITION OF REAL PROPERTY
IN OVERTOWN COMMUNITY DEVELOPMENT
TARGET AREA (208-244 N.W. 13TH STREET);
SAID PRICE NOT TO EXCEED $127,000; CITY
ATTORNEY TO CLOSE ON SAID PROPERTY
AFTER LEGAL SPECIFICATIONS MET. (SEE
LABEL 18)
2.13
AUTHORIZE PARTICIPATION IN THE AMERICAN
CANCER SOCIETY GOLF CARD PRIVILEGE
PROGRAM AT MELREESE GOLF COURSE AND
MIAMI SPRINGS.
2.14
DONATE CONFISCATED BICYCLES TO
CHARITABLE ORGANIZATIONS FOR
DISTRIBUTION TO NEEDY INDIVIDUALS.
2.15 ACCEPT PLAT: NEW PIVETTE PARK.
2.16 ACCEPT PLAT: BLUE LAGOON CENTRE.
2.17
RESOLUTION 87-1090 ACCEPTING PLAT
ENTITLED CLAUGHTON SUBDIVISION ON
CLAUGHTON ISLAND WAS LATER RECONSIDERED
AND DEFERRED BY MOTION 87-1111. (SEE
LABEL 20)
2.18
ACCEPT PLAT: TOUSSAINT L'OUVERTURE
SCHOOL LEMON CITY PARK SITE
2.19
AUTHORIZE AGREEMENT WITH MIAMI-DADE
COMMUNITY COLLEGE FOR "FULL TIME
EQUIVALENT" STUDENT AND INSTRUCTOR
COMPENSATION AND STUDENT CONTACT FEE
FOR FIRE, RESCUE AND INSPECTION IN-
SERVICE TRAINING PROGRAMS.
2.20
CLOSURE OF STREETS CONCERNING 5K RUN
SPONSORED BY ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, INC. ON DECEMBER
12, 1987.
2.21
CLOSURE OF STREETS FOR THE KING MANGO
STRUT PARADE SPONSORED BY THE COCONUT
GROVE JAYCEES, INC. ON DECEMBER 27,
1987.
2.22
CLOSURE OF DESIGNATED STREETS FOR THREE
KINGS DAY PARADE SPONSORED BY THREE
KINGS PARADE, INC. ON JANUARY 10, 1988.
2.23
AUTHORIZE CITY MANAGER TO EXECUTE
AMENDED INTERLOCAL AGREEMENT AND
CONTRACT WITH GREATER MIAMI CONVENTION
AND VISITORS BUREAU AND ALLOCATING UP
TO $100,000
2.24
APPOINTMENTS TO COMMUNITY DEVELOPMENT
ADVISORY BOARD: MARIA ELENA TORANO,
LUIS SABINES, WILLIE CALHOUN, HERIBERTO
FONSECA, JERRY PARK AND PROSPERO
HERRERA.
R 87-1084 6
12/10/87
R 87-1085 6
12/10/87
R 87-1086 7
12/10/87
R 87-1087 7
12/10/87
R 87-1088
12/10/87
R 87-1089
12/10/87
R-87-1090
12/10/87
R 87-1091
12/10/87
R 87-1092
12/10/87
7
7
1.1
8
8
R 87-1093 8
12/10/87
R 87-1094 8-9
12/10/87
R 87-1095 9
12/10/87
R 87-1096 9
12/10/87
R 87-1097 9
12/10/87
3.
A. DISCUSSION: REFERRAL OF STUDENTS TO
CAREY TECHNICAL INSTITUTE, INC.
B. DISCUSSION: FUNDING FOR CAREY
TECHNICAL INSTITUTE, INC. (DISCUSSION
TEMPORARILY DEFERRED AND CONTINUED ON
LABEL #14)
4.
BRIEF COMMENT BY MAYOR SUAREZ REGARDING
A LETTER FROM HIALEAH MAYOR RAUL
MARTINEZ CONCERNING THE HIALEAH
RACETRACK. (PARI-MUTUAL)
5.
ACCEPT BID FROM GREATER MIAMI CATERERS,
INC. FOR MEALS AT DAY CARE CENTERS AND
PRE-SCHOOL CENTER. (SEE LABEL 28 AND
47)
6.
EXTEND SOLE SOURCE CONTRACT WITH
DELARUE PRINTRAK, INC. (MAINTENANCE
SERVICE OF FINGERPRINT COMPUTER).
7.
EXTEND EXISTING CONTRACT WITH BURNS
INTERNATIONAL SECURITY SERVICES (AT
CITY STADIUMS) FOR 90 DAYS - DIRECT
MANAGER TO REBID AT END OF SAID PERIOD.
8. RECONSIDERATION OF PREVIOUS VOTE ON
AGENDA ITEM 7 WHICH AUTHORIZED MANAGER
TO EXECUTE CONTRACT WITH INTERNATIONAL
CAR WASH FOR CONSTRUCTION OF SHOPPING
CENTER. (UPON RECONSIDERATION, THE ITEM
WAS AGAIN PASSED AND ADOPTED AS
PRESENTED ON THE AGENDA.)
9. EXECUTE AGREEMENT WITH THE RICOH-SAN-AI
GROUP - AUTHORIZE MANAGER TO ACCEPT, IN
PRINCIPLE, $300,000 CASH GRANT FROM
SAID GROUP TO REFURBISH THE JAPANESE
GARDEN - AUTHORIZE NEGOTIATION OF
CONTRACT.
10.
11.
12.
EXECUTE AGREEMENT WITH ZAMINCO
INTERNATIONAL, INC. FOR THE PROVISION
OF A LOAN UP TO $5,400,000 IN C.D.
BLOCK GRANT FLOAT FUNDS FOR RESTORATION
OF THE FREEDOM TOWER BUILDING.
APPROVE REVOLVING CREDIT LOAN AGREEMENT
BETWEEN MIAMI TELECOMMUNICATIONS, INC.
AND THE PROVIDENT NATIONAL BANK FOR THE
EXPANSION AND UPGRADING OF CABLE
TELEVISION FACILITIES. (SEE LABEL 50)
A. AUTHORIZE MANAGER TO UTILIZE $30,000
PREVIOUSLY APPROPRIATED FOR LITTLE
HAITI COMMERCIAL GATEWAY PROJECT, TO BE
REALLOCATED TO THE CARIBBEAN
MARKETPLACE PROJECT.
B. AUTHORIZE MANAGER TO UTILIZE
$30,000 PREVIOUSLY ALLOCATED TO
EDISON/LITTLE RIVER COMMERCIAL FACADE
PROGRAM TO BE REALLOCATED TO CARIBBEAN
MARKETPLACE PROJECT.
C. AUTHORIZE AGREEMENT WITH HAITIAN
TASK FORCE, INC. - GRANT $60,000 FOR
THE CARIBBEAN MARKETPLACE PROJECT;
EXTEND CITY'S LOAN COMMITMENT.
ol
DISCUSSION 10-11
12/10/87
DISCUSSION 12
12/10/87
M 87-1098 12-15
12/10/87
M 87-1099
12/10/87
M 87-1100
12/10/87
M 87-1101
R 87-1102
15-17
17-20
20-23
R 87-1103 23-29
M 87-1103.1
12/10/87
R 87-1104 29-31
12/10/87
R 87-1105
12/10/87
R 87-1106
12/10/87
31-34
34-36
13.
ALLOCATE $173,000 FROM THE EMERGENCY
R 87-1107
36-38
SHELTER GRANT PREVIOUSLY APPROPRIATED
12/10/87
TO CHRISTIAN COMMUNITY SERVICE AGENCY,
INC. - ESTABLISH SHELTER FOR HOMELESS
FAMILIES; AUTHORIZE AGREEMENT WITH SAID
AGENCY. (SEE LABEL 15)
14.
CONTINUED DISCUSSION: FUNDING TO CAREY
M 87-1108
38-40
-
TECHNICAL INSTITUTE, INC. - FUND
12/10/87
INSTITUTE BY RESCINDING PRIOR
ALLOCATION TO ST. ALBAN'S DAY NURSERY,
INC. (SEE LABEL 3)
15.
BRIEF CLARIFICATION COMMENTS REGARDING
DISCUSSION
40-41
AGENDA #15 (ESTABLISHMENT OF A SHELTER
12/10/87
FOR HOMELESS FAMILIES THROUGH AGREEMENT
WITH CHRISTIAN COMMUNITY SERVICE
AGENCY, INC.). (SEE LABEL 13)
16.
PRESENTATION OF GOLF TOURNAMENT TROPHY
PRESENTED
41
(REV. T.R. GIBSON MEMORIAL FUND).
12/10/87
- 17.
DISCUSSION AND DEFERRAL OF PROPOSED
M 87-1109
41-46
ACCEPTANCE OF A $4,650,000 HOUSING
12/10/67
-
DEVELOPMENT GRANT PROGRAM FOR
DEVELOPMENT OF A 125 UNIT RENTAL
-
HOUSING DEVELOPMENT (DEFERRED FOR
_
FURTHER INFORMATION, TO THE MEETING OF
JANUARY 14)
18.
CONTINUED DISCUSSION: CLARIFYING
DISCUSSION
46-47
COMMENTS ON PREVIOUSLY PASSED AGENDA
12/10/87
ITEM 21 REGARDING ACQUISITION OF REAL
s
PROPERTY IN THE OVERTOWN COMMUNITY
e
DEVELOPMENT TARGET AREA. (SEE LABEL 2)
19.
APPROVE REVISED PROGRAM GUIDELINES AND
R 87-1110
48-49
AUTHORIZE IMPLEMENTATION OF THE FAMILY
12/10/87
RESIDENTIAL REHABILITATION PROGRAM.
20.
RECONSIDERATION AND CONTINUANCE OF
M 87-1111
50-51
PREVIOUS VOTE ON CLAUGHTON ISLAND PLAT
12/10/87
TO FIND OUT WHY CONSTRUCTION OF VIZCAYA
HOUSING PROJECT HAS NOT BEGUN. (SEE
LABEL 2)
21.
STATE COMMISSION POLICY OF REQUIRING
R 87-1112
51-52
=
THAT ALL SEALED BIDS ON PROCUREMENT
12/10/87
CONTRACTS BE SUBMITTED IN THE FORM OF
DUPLICATE ORIGINALS.
22.
URGE DOWNTOWN DEVELOPMENT AUTHORITY TO
R 87-1113
53
UTILIZE THE STREET LIGHT FLAG STANDARDS
12/10/87
TO ACTIVELY PROMOTE THE 111988 MIAMI
GRAND PRIX" EVENT.
23.
FIRST READING ORDINANCE: AMEND
ORDINANCE
53-54
ORDINANCE 9500 - CORRECT SCRIVENER'S
FIRST READING
_
ERROR AFFECTING PROPERTY LOCATED AT
12/10/87
APPROXIMATELY 2701-1703 DAY AVENUE AND
3191 CENTER STREET.
-
24.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE
54-58 -
CHAPTER 22 ("GARBAGE AND TRASH") -
FIRST READING
DEFINE AND/OR CLARIFY "COMMERCIAL
12/10/87
ESTABLISHMENTS", "CONDOMINIUMS", AND
"RESIDENTIAL UNITS"; PROVIDE FOR
AMENDED ANNUAL PUBLIC RIGHT-OF-WAY
-
CLEANING FEE; ESTABLISH SCHEDULE OF
-
FEES FOR COMMERCIAL GARBAGE SERVICES;
-
ETC.
25.
RECEIVE AND OPEN BIDS FOR CONSTRUCTION
M 87-1114
58-59
_
OF CITYWIDE SANITARY SEWER EXTENSION
12/10/87
IMPROVEMENT - N.W. 5TH AVENUE (PROJECT
B-5546) - REFER BIDS FOR TABULATION.
- 26.
ACCEPT MANAGER'S RECOMMENDATION FOR
R 87-1115
60-77
-
SELECTION OF DINNER KEY BOATYARD
12/10/87
-
MANAGEMENT COMPANY, INC.'S PROPOSAL FOR
THE
-
PLANNING/DESIGN/CONSTRUCTION/LEASING
AND MANAGEMENT OF CITY -OWNED WATERFRONT
-
PROPERTY OF A FULL -SERVICE BOATYARD AND
MARINA (UNITED DEVELOPMENT PROJECT)
-_
LOCATED AT 2640 SOUTH BAYSHORE DRIVE.
DIRECT MANAGER TO FURTHER NEGOTIATE,
INCORPORATING AMENDMENTS DISCUSSED ON
THE FLOOR.
-
27.
AUTHORIZE PURCHASE OF FOUR PARCELS FOR
R 87-1116
77-79
-
THE MODEL CITY C.D. TARGET AREA FOR
12/10/87
DEVELOPMENT OF AFFORDABLE HOUSING TO
®
LOW AND MODERATE INCOME FAMILIES.
v
28
CONTINUED DISCUSSION AND BRIEF
DISCUSSION
79-80
CLARIFICATION COMMENTS ON PREVIOUSLY
12/10/87
PASSED AGENDA ITEM 2 REGARDING
ACCEPTANCE OF BID OF GREATER MIAMI
-_
CATERERS, INC. FOR MEALS AT 6 DAY CARE
CENTERS. (SEE LABELS 5 AND 47)
29
DESIGNATION OF THE NATIONAL
DISCUSSION
80-101
-
INVESTIGATIVE PANEL REPORT REGARDING
12/10/87
_
FINDINGS AND RECOMMENDATION FOR THE
FIRE DEPARTMENT.
30.
BRIEF MENTION BY VICE MAYOR KENNEDY
DISCUSSION
101-102
_
REGARDING UNIVERSAL DECLARATION OF
12/10/87
HUMAN RIGHTS SIGNED 39 YEARS AGO.
- 31.
APPOINT CERTAIN PUBLIC MEMBERS TO THE
R 87-1117
102-104
CIVIL SERVICE BOARD. (NOTE: APPOINTED
12/10/87
WERE: GERALD SILVERMAN, CHARLENE HILL,
GEORGE H. ADAMS.)
32.
APPOINT CERTAIN INDIVIDUALS AS MEMBERS
R 87-1118
104-105
OF THE ZONING BOARD. (NOTE: APPOINTED
12/10/87
-
WAS: LORENZO LORENZO-LUACES.)
_ 33.
APPOINT CERTAIN INDIVIDUALS AS MEMBERS
R 87-1119
105-107
OF THE PLANNING ADVISORY BOARD. (NOTE:
12/10/87
=_
APPOINTED WERE: PEDRO LOPEZ AND HERBERT
LEE SIMON.)
AGO
'w .
34. ESTABLISH "STANDING PARK ADVISORY R 87-1120 108-111
BOARD" - APPOINT MEMBERS. (NOTE: 12/10/87
APPOINTED WERE: FREDDY SANTIAGO, ANNIE
BETANCOURT, THOMAS CARLOS, T. WILLARD
FAIR AND BEATRIZ DE YURRE - ALTERNATES:
ALAN WEISBERG, ANNE CHAPMAN WILSON,
ESTHER MAE ARMBRISTER, EMILIO LOPEZ AND
ENRIQUE SALUM.)
35. NAME NEW EXHIBIT SPACE AT THE MIAMI R 87-1121 111-113
CONVENTION CENTER THE "MIAMI CONVENTION 12/10/87
CENTER EXHIBIT HALL".
36. ALLOCATE $5,000 TO COVER DOCKAGE FEES R 87-1122 113-115
FOR APPROXIMATELY 20 VESSELS AT 12/10/87
MIAMARINA (BAYSIDE) IN CONNECTION WITH
A REGATTA BY THE INTERNATIONAL FIFTY
FOOT YACHT ASSOCIATION.
37. A. CLOSURE OF STREETS TO VEHICULAR R 87-1123 115-125
TRAFFIC CONCERNING "TASTE OF THE GROVE" M 87-1124
EVENT - ESTABLISH PEDESTRIAN MALL, WITH M 87-1125
CERTAIN CONDITIONS. M 87-1126
B. WAIVE CONCESSION RIGHTS FEES 12/10/87
SUBJECT TO A FULL AUDIT PROVISO.
C. REQUEST COCONUT GROVE MARKETING TO
POST BOND FOR SANITATION AND GARBAGE
PICKUP COSTS.
D. DIRECT ADMINISTRATION TO TRY TO
ASSIST COCONUT GROVE MARKETING TO
REDUCE COST FOR POLICE SERVICE REQUIRED
FOR SAID EVENT.
38. EXPRESSION OF COMMISSION'S SUPPORT M 87-1127 125
REGARDING SPONSORING OF SAILING RACES 12/10/87
WHICH MAY LEAD TO THE SELECTION OF THE
"U.S. TORNADO CLASS SAILING TEAM" AT
SUMMER OLYMPICS.
39. A. MODIFY R-87-1027 FOR CITYWIDE TOWING M 87-1128 126-139
AND WRECKER SERVICES CONTRACT - ADD M 87-1129
CORAL WAY TOWING, INC. TO SHARE 12/10/87
SERVICING OF ZONE 4 WITH FREEWAY
TOWING.
B. MODIFY R-87-1027 WHICH GRANTED
CITYWIDE TOWING AND WRECKER SERVICES
CONTRACT TO MOLINA TOWING, INC. AND
DOWNTOWN TOWING - REASSIGN ZONE 3 TO
ONLY BE SERVICED BY MOLINA TOWING, INC.
40. GRANT CLOSURE OF STREETS REGARDING THE R 87-1130 140-141
OPEN HOUSE INAUGURAL EVENT CONDUCTED BY 12/10/87
SER JOBS FOR PROGRESS, INC. - ESTABLISH
PEDESTRIAN MALL - SUBJECT TO
CONDITIONS.
41. ALLOCATE $4,500 TO PURCHASE TICKETS FOR R 87-1131 142-148
THE CITY'S UNDERPRIVILEGED YOUTHS 12/10/87
REGARDING ROCK AND ROLL WRESTLING MATCH
BENEFIT CONCERT IN SUPPORT OF "CURE
AIDS NOW."
42. ALLOCATE $1,300 IN SUPPORT OF THE R 87-1132 148-149
SOCIAL SERVICES PROGRAM OF MIAMI RESCUE 12/10/87
MISSION INC.
43. GRANT REQUEST TO REVOKE THE "DEGARMO M 87-1133 149-150
ESTATES" PLAT. 12/10/87
44. AUTHORIZE AND DIRECT CITY MANAGER TO M 87-1134
MEET WITH REPRESENTATIVES OF BLACK 12/10/87
MAYORS CONFERENCE TO SEE IF THEY WOULD
WAIVE OUTSTANDING TICKETS TO BE PAID ON
THE CONDITION THAT THE CITY WILL PAY
OTHER LEGITIMATE BILLS STILL PENDING
FROM SAID CONFERENCE.
45. REQUEST CITY MANAGER TO EVALUATE M 87-1135
CURRENT NEWSPAPERS USED FOR 12/10/87
ADVERTISING; DISCONTINUE USE OF "LA
VERDAD" AND "LA NACION."
46.
EXTEND CONTRACT WITH TOXICOLOGY TESTING
R 87-1136
SERVICES FOR 90 DAYS. (DRUG TESTS)
12/10/87
47.
ACCEPT BID: GREATER MIAMI CATERERS,
R 87-1137
INC. (FURNISHING ALL MEALS FOR SIX DAY
12/10/87
CARE AND ONE PRESCHOOL CENTERS.) (See
labels 5 and 28.)
48.
CONTINUE APPEAL BY APPLICANT (ABRAHAM
DISCUSSION
H. SHUKAT) TO REVIEW ZONING BOARD'S
12/10/87
DENIAL OF APPEAL REGARDING CLASS "C"
SPECIAL PERMIT (FILE C-87-722) TO THE
NEXT PLANNING AND ZONING MEETING OF
JANUARY 28.
49.
ENTER INTO 5 YEAR USE AGREEMENT WITH
R 87-1138
DEPARTMENT OF OFFSTREET PARKING
12/10/87
REGARDING USE OF FOUR PARCELS FOR
REDEVELOPMENT UNDER PHASE II IF THE
SOUTHEAST OVERTOWN/PARK WEST PROJECT
(AS INTERIM PARKING FOR THE MIAMI
ARENA).
50
ESTABLISH CABLE TELEVISION. SERVICE
R 87-1139
STANDARDS. (See labmpli11 ..��,I%���'"�
-t,e6ee
12/10/87
� 2.�1 h—" .' fif t�s / O"'�"
51.
BRIEF DISCUSSION ITEM IN CONNECTION
DISCUSSION
WITH LEATHER HOLSTERS FOR GUNS FOR THE
12/10/87
CITY OF MIAMI POLICE DEPARTMENT.
52.
A) RECONSIDER PRIOR ADMINISTRATION'S
M 87-1140
SUBMITTAL OF APPLICATION TO THE
R 87-1141
SUNSHINE STATE GOVERNMENTAL FINANCING
12/10/87
COMMISSION FOR A $10 MILLION LOAN FOR
REDEVELOPMENT OF THE GUSMAN/OLYMPIA
BUILDING. B) AUTHORIZE MANAGER TO
SUBMIT APPLICATION TO SUNSHINE STATE
GOVERNMENTAL FINANCING COMMISSION FOR A
$10 MILLION LOAN FOR REDEVELOPMENT OF
GUSMAN/OLYMPIA BUILDING.
53.
A APPOINT OSMUNDO MARTINEZ TO THE
M 87-1142
BAYFRONT PARK TRUST. B APPOINT RODNEY
M 87-1143
BAREDO.
12/10/87
54.
CONFIRM ORDERING RESOLUTION 87-914 -
R 87-1144
ADVERTISE SEALED BIDS FOR CONSTRUCTION
12/10/87
OF CITYWIDE SANITARY SEWER EXTENSION
IMPROVEMENT (SW 8 COURT - DISTRICT SR-
5539-C).
55.
CONFIRM ASSESSMENT ROLE: CONSTRUCTION
R 87-1145
OF ALLAPATTAH HIGHWAY IMPROVEMENT
12/10/87
(DISTRICT H-4474).
150-156
156-162
162-163
163-164
164--165
165-175
175-176
176-177
177-181
182-186
186-187
187-188
`J
a
56.
ACCEPT COMPLETED WORK: LANZO
CONSTRUCTION CO. (FAIRLAWN NORTH
SANITARY IMPROVEMENT DISTRICT SR-5491-
C).
57.
RATIFY MANAGER'S ACCEPTANCE OF BID FOR
FIRE PAK, INC. - FOR MIAMARINA
RENOVATION - PHASE II PROJECT.
58.
A) APPROVE DOWNTOWN MIAMI DEVELOPMENT
OF REGIONAL IMPACT. B) APPROVE DOWNTOWN
MIAMI DEVELOPMENT OF REGIONAL IMPACT -
INCREMENT NO. 1.
59.
ESTABLISH DATE FOR PUBLIC HEARING
REGARDING PROPOSED ISSUANCE OF
DEVELOPMENT ORDER FOR THE SOUTHEAST
OVERTOWN/PARK WEST - FOR THE
DEVELOPMENT OF REGIONAL IMPACT
COMMUNITY REDEVELOPMENT AREA.
60.
EMERGENCY ORDINANCE: EXPAND MORATORIUM
ON THE COLLECTION OF IMPACT FEES TO
JANUARY 28, 1988.
61.
ACCEPT BID: JONES EQUIPMENT COMPANY,
INC. (LEATHER HOLSTERS AND
MISCELLANEOUS ITEMS FOR DEPARTMENT OF
POLICE).
62.
DIRECTION TO ADMINISTRATION:
COMMISSIONER PLUMMER QUESTIONS THE
ADMINISTRATION IN CONNECTION WITH
$550,000 WORTH OF EQUIPMENT TO JOE
ROBBIE FOR SALE OF BEER AT THE ORANGE
BOWL.
63.
DISCUSSION CONCERNING POSSIBLE FAILURE
IN REPAYMENT OF MIAMI CAPITAL LOANS -
SHIFT RESPONSIBILITY BACK TO THE CITY
OF MIAMI.
64. ACKNOWLEDGE BRICKELL PARK SITE AS NON -
SUITABLE FOR PARK PURPOSES - INSTRUCT
MANAGER TO REZONE AREA.
65. ENDORSE IN PRINCIPLE CONSTRUCTION OF
OLYMPIC SIZE SWIMMING POOLS AT (A)
ATHALIE RANGE PARK, (B) CHARLES HADLEY
PARK, AND (C) GRAPELAND PARK - REQUEST
MANAGER'S RECOMMENDATION.
66. DENY PROPOSED AMENDMENT TO
COMPREHENSIVE NEIGHBORHOOD PLAN AT
SOUTHSIDE PARK TO CHANGE DESIGNATION TO
GOVERNMENT INSTITUTIONAL USE AND ALSO
DENY PROPOSED ZONING CHANGE AT SAID
PARK FROM PR TO 0-1.
67. REQUEST ADMINISTRATION TO LOOK FOR AN
ALTERNATIVE SITE OTHER THAN SOUTHSIDE
PARK FOR THE LA LIGA CONTRA EL CANCER
TO BUILD AN ONCOLOGY CENTER.
68. ORDINANCE 9500 ATLAS CHANGE FOR
PROPERTY GENERALLY BOUNDED BY COCOANUT
AVE., VIRGINIA STREET AND SW 27TH AVE.,
FROM R6-1/3 TO RG-2/5.
R 87-1146 188
12/10/87
R 87-1147 189
12/10/87
R 87-1148
R 87-1149
12/10/87
R 87-1150
12/10/87
ORDINANCE
10355.
12/10/87
R 87-1151
12/10/87
DISCUSSION
12/10/87
DISCUSSION
12/10/87
R 87-1152
12/10/87
M 87-1153
12/10/87
M 87-1154
M 87-1155
M 87-1156
12/10/87
ORDINANCE
10356
12/10/87
189-194
195
195-201
201-202
202
203-204
204-207
208-211
211-215
215-216
216-217
69.
A. DIRECT CITY MANAGER TO REVIEW LOANS
M 87-1157
COMING FROM MIAMI CAPITAL DEVELOPMENT,
M 87-1158
INC. TO MODEL CITIES MERCHANTS AND
REPORT BACK TO THE COMMISSION ON THOSE
LOANS DEEMED UNSURVIVABLE. B. INVITE
LOAN COMMITTEE MEMBERS WHO PROCESS
LOANS FOR MODEL CITIES MERCHANTS TO
ATTEND COMMISSION MEETING SCHEDULED FOR
JANUARY, AND TO EXPLAIN LOAN CRITERIA
FOR GRANTING OF LOANS.
70.
AUTHORIZE REIMBURSEMENT TO LADDER
R 87-1159
COMPANY NO. 4 FOR INCREMENTAL COST
12/10/87
DIFFERENCE FOR IMPLEMENTATION OF THE
ADOPTED BRICKELL PROMENADE DESIGN
DEVELOPMENT PLAN AT FIRE STATION NO. 4.
71.
CLARIFICATION OF PRIOR ISSUE CONCERNING
DISCUSSION
DISBURSEMENT OF FUNDS FOR LOANS TO
12/10/87
MODEL CITIES MERCHANTS.
72.
AMEND 9500, ARTICLE 15 "SPI SPECIAL
ORDINANCE
PUBLIC INTEREST DISTRICTS BY ADDING
10357
SEC. 15-191 (COCONUT GROVE OVERLAY
12/10/87
DISTRICT) AND SEC. 15-191 (EFFECT OF
SPI-19, DISTRICT DESIGNATION) WHICH
REQUIRES ALL PARKING TO BE LOCATED ON -
SITE.
73.
AMEND ZONING ATLAS BY APPLYING SPI-19
ORDINANCE
COCONUT GROVE OVERLAY DISTRICT TO THE
10358
AREA GENERALLY BOUNDED BY COCOANUT
12/10/87
AVENUE, VIRGINIA STREET AND 27TH
AVENUE.
74.
AMEND ZONING ATLAS BY CHANGING
ORDINANCE
CLASSIFICATION OF PROPERTY LOCATED AT
10359
APPROXIMATELY 5959 NW 7TH ST. FROM RG-
12/10/87
3/5 TO 0-1/7.
75.
AMEND 9500, SEC. 2026 - "SIGNS,
ORDINANCE
SPECIFIC LIMITATIONS AND REQUIREMENTS,"
10360
AND SUBSECTION 2026.15 "OUTDOOR
12/10/87
ADVERTISING SIGNS", BY REDUCING THE
NUMBER OF ADVERTISING SIGNS FROM TEN TO
NINE.
76.
AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD
ORDINANCE
PLAN FOR PROPERTY LOCATED AT
10361
APPROXIMATELY 3151-3199 S.W. 27TH AVE.,
12/10/87
2660 LINCOLN AVENUE AND 2699 TIGERTAIL
AVENUE BY CHANGING DESIGNATION OF SAID
PROPERTY FROM MODERATE HIGH DENSITY
RESIDENTIAL TO COMMERCIAL RESIDENTIAL
USE.
77.
CHANGE ZONING CLASSIFICATION OF 3151-
ORDINANCE
3199 S.W. 27TH AVENUE, 2660 LINCOLN
10362
AVENUE AND 2699 TIGERTAIL AVENUE FROM
12/10/87
PD-MU PLANNED DEVELOPMENT TO SPI-13
S.W. 27TH AVENUE GATEWAY DISTRICT.
217-232
233-234
235-236
236-237
23 7-238
238
239
240
241-242
0
•
78.
AMEND 9500, ARTICLE 20 BY ADDING A NEW
ORDINANCE 242-243
SECTION 2035-"ADULT DAY CARE CENTERS",
10363
IN RS-1, RS-2 AND RG-1 DISTRICTS; AMEND
12/10/87
SEC. 2036 BY ADDING THE WORD "DAY" TO
"CHILD DAY CARE CENTERS"; AMEND ARTICLE
36 BY ADDING DEFINITIONS FOR "FAMILY
DAY CARE HOME" AND "ADULT DAY CARE
_
CENTER"; PERMIT FAMILY DAY CARE HOMES
IN RS-1 AND RS-2 DISTRICTS; TO ALLOW
ADULT DAY CARE CENTERS IN RS-1 AND RS-2
_
DISTRICTS BY CLASS C PERMIT, AND IN RG-
2 SUBJECT TO CLASS A PERMIT; PERMIT
CHILD DAY CARE CENTERS AS AN ACCESSORY
_
USE TO CHURCHES AND SCHOOLS IN CG-1;
=
ADD "DAY" TO "CHILD CARE CENTERS"
THROUGHOUT THE SCHEDULE OF DISTRICT
REGULATIONS.
79.
AMEND 9500, SEC. 2003, "ACCESSORY USES
ORDINANCE 244-246
AND STRUCTURES" BY ADDING NEW
FIRST READING
SUBSECTION 2003.10-GARAGE SALES; TO
12/10/87
DEFINE GARAGE SALE; RS-1 AND RS-2, ONE -
FAMILY DETACHED RESIDENTIAL, USES
-
PERMISSIBLE BY SPECIAL PERMIT,
=
PROVIDING THAT GARAGE AND YARD SALES
SHALL BE PERMISSIBLE ONLY BY SPECIAL
GARAGE AND YARD SALE PERMIT, RG-2
GENERAL RESIDENTIAL, BY ADDING THAT
=
GARAGE SALES SHALL NOT BE PERMITTED.
80.
AMEND 9500 TO APPLY TO 1610 HC-1:
ORDINANCE 246-250
GENERAL USE HERITAGE CONSERVATION
FIRST READING
DISTRICT, PURSUANT TO ARTICLE 16 TO
12/10/87
"BUENA VISTA EAST HISTORIC DISTRICT"
GENERALLY BOUNDED BY NORTHEAST 48 AND
49TH STREETS, AND BETWEEN NORTHEAST
41ST STREET AND 42ND STREET, AND
i
RETAINING FINDINGS THAT BUENA VISTA
EAST HISTORIC DISTRICT MEETS THE
CRITERIA FOR HISTORIC DISTRICT
=
DESIGNATION.
81.
AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD
ORDINANCE 251-258
PLAN FOR PROPERTY LOCATED AT
FIRST READING
APPROXIMATELY 3616-3638 N.W. 23RD
12/10/87
AVENUE BY CHANGING DESIGNATION OF
SUBJECT PROPERTY FROM MODERATE/DENSITY
RESIDENTIAL TO COMMERCIAL USE.
82.
AMEND 9500 BY CHANGING THE ZONING
ORDINANCE 258-259
CLASSIFICATION OF APPROXIMATELY 3616-38
FIRST READING
-
NW 23RD AVE FROM RG-2/4 RESIDENTIAL TO
12/10/87
CG-1/7.
83.
AMEND 9500 SEC. 2003.9. TEMPORARY
ORDINANCE 259-260
SPECIAL EVENTS; SPECIAL PERMITS, BY
FIRST READING
REPEALING SUBSECTIONS 2003.9.1 THROUGH
12/10/87
2003.9.6 AND SUBSTITUTING CONDITIONS
-
AND LIMITATIONS AS TO CERTAIN PUBLIC
FACILITIES: ORANGE BOWL, BICENTENNIAL
-
PARK AND BOBBY MADURO MIAMI BASEBALL
STADIUM AND THEIR PARKING LOTS
-
REGARDING THE NUMBER OF ANNUAL EVENTS
AND PROVIDING NOTIFICATION TO ADJACENT
---
PROPERTY OWNERS.
84. AMEND 9500, SECTION 2003.7,
ORDINANCE 260-261
"CONVENIENCE ESTABLISHMENTS AS
FURST READING -
ACCESSORY TO RESIDENTIAL OR OFFICE
12/10/87
USES;" AMEND SECT. 2025 "SIGNS;" AMEND
SECTION 2034 COMMUNITY BASED
RESIDENTIAL FACILITIES BY ADDING A NEW
_
SUBSECTION (2034.4); AMEND SECTION
2036, CHILD DAY CARE CENTERS BY ADDING
A NEW SUBSECTION (2036.6) VARIANCES
PROHIBITED; AMEND SECTION 2037 ADULT
ENTERTAINMENT OR ADULT SERVICES, AND
AMEND ARTICLE 31, "APPEALS FOR
VARIANCES," SECTION 3101 VARIANCES
DEFINED LIMITATIONS (SUBSECTION
3101.1), AND FLOOR AREA RATIO VARIANCE
PROHIBITED BY CHANGING THE TITLE TO ADD
"SPECIFIC CONDITIONS OF USE"' PROHIBIT
ZONING BOARD FROM RELAXING ANY SPECIFIC
CONDITIONS OF USE UNDER PRINCIPAL USES
AND STRUCTURES, ACCESSORY USES, ETC.
85. AUTHORIZE MANAGER TO DISBURSE FUNDS
M 87-1160 261-262
PREVIOUSLY AUTHORIZED TO BE LOANED TO
12/10/87 r
LIBERTY CITY MERCHANT, VERNON QUINN
CONCERNING MODEL CITY PILOT LOAN
PROGRAM PROTECT.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the loth day of December, 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 9:07 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. Vice Mayor Kennedy then
led those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
1. Presentation: To Police Officer Jose Rubio who was selected Officer of
the Month for October, 1987. Additionally, Wells Fargo Armored Services
presented Officer Rubio with a commendation.
2. Presentation: To Police Officer John Davis who was selected Officer of
the Month for September, 1987.
2. CONSENT AGENDA
Mayor Suarez: Items 1 through 36 constitute the Consent Agenda. Other than
the items that the Commissioners will pull out, is there anyone here who
wishes to be heard on items 1 through 36 on an individual basis? Otherwise,
we will, as soon as the Commissioners have pulled out the items they would
like, entertain a motion to adopt all of those items collectively. Let the
record reflect that no one has stepped forward on items 1 through 36. If you
wish to be heard for or against any of those items. Yes, we have
modifications? On items, it looks like thirty eight two here, Bob?
Mr. Bob Clark (Off mike): Number eleven and thirty....
Mayor Suarez: Or just 11, we've got 38 mentioned here.
Mr. Clark (Off mike): Yes, that's one that's not on the Consent Agenda.
Mayor Suarez: OK, items 11, 34 - good point - would be on the Consent Agenda
with the modifications that I have in front of me. If there's anyone that
wishes to see those and otherwise address items 11 through 34, otherwise the
Commission itself should be advised that we have modifications.
1 December 10, 1987
INAUDIBLE COMMENTS.
Mr. Dawkins: Well, I'm pulling 13 anyway.
Mayor Suarez: OK, item 13 has been pulled.
Mrs. Kennedy: I'd like to pull nine.
Mr. Dawkins: Pull 2, 6, 13, 14, 15 and 20...
Mayor Suarez: Commissioner Kennedy...
Mr. Dawkins: ... 22.
Mayor Suarez: And 22. Commissioner Kennedy said which one?
Mrs. Kennedy: I would like to pull 9 and 34.
Mr. Dawkins: I'd like to pull 29 and discuss it with 65 if possible and the
rest of the Commission will agree.
Mayor Suarez: Yes, we can table 29 until we get to 65, or else bring 65 into
consideration now. Which is that item by the way?
Mr. Dawkins: -----, DRI.
Mayor Suarez: Downtown DRI. Well, obviously, we ought to...
Mr. Dawkins: And Overtown Park/West both of them.
Mayor Suarez: Twenty-nine is tabled until we handle item 65.
Mr. De Yurre: I'd like to pull out number eight and twelve.
Mayor Suarez: Items eight and twelve, Commissioner De Yurre. Twelve is the
CD float application by Zaminco, I guess. Freedom Tower?
Mr. De Yurre: That's right.
Mayor Suarez: We've got items 2, 6, 8, 9, 12, 13, 14, 15, 20, 22, 29 and 34
pulled. And 29 being tabled until the afternoon. OK.
Mr. Dawkins: Move those not pulled.
Mayor Suarez: With the exception of items 2, 6, 8, 9, 12, 13, 14, 15, 20, 22,
29 and 34, I'll entertain a motion on the Consent Agenda being items 1 through
36.
Mr. Dawkins: So moved.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
On motion duly made by Commissioner Dawkins and seconded by Vice
Mayon Kennedy, the Consent Agenda 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.
2 December 10, 1987
61 0
2.1 ACCEPT BID OF ANACOMP DATA SYSTEM FOR COMPUTER OUTPUT MICROFICHE
SERVICES TO THE DEPARTMENT OF COMPUTERS.
RESOLUTION NO. 87-1074
A RESOLUTION ACCEPTING THE BID OF ANACOMP DATA
SYSTEM FOR FURNISHING COMPUTER OUTPUT MICROFICHE
SERVICES TO THE DEPARTMENT OF COMPUTERS ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR FOUR ADDITIONAL ONE YEAR TERMS AT A TOTAL
PROPOSED FIRST YEAR COST OF $25,000.00, ALLOCATING
FUNDS THEREFOR FROM THE 1987-88 GENERAL FUND ACCOUNT
CODE #460201-340; AUTHORIZING THE CITY MANAGER TO -
EXTEND THIS CONTRACT FOR FOUR (4) ADDITIONAL ONE
YEAR TERMS, SUBJECT TO THE AVAILABILITY OF FUNDS AND
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.)
2.2 ACCEPT BID OF E-Z-GO FOR THE LEASING OF 70 ELECTRIC GOLF CARS FOR THE
MIAMI SPRINGS GOLF COURSE TO THE DEPARTMENT OF PARKS, RECREATION AND
PUBLIC FACILITIES.
RESOLUTION NO. 87-1075
A RESOLUTION ACCEPTING THE BID OF E-Z-GO, DIVISION
OF TEXTRON, FOR THE LEASING OF 70 NEW ELECTRIC GOLF
CARS FOR THE MIAMI SPRINGS GOLF COURSE TO THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES AND RECOMMENDING THAT THE CITY MANAGER BE
AUTHORIZED TO EXECUTE A LEASE AGREEMENT FOR A ONE-
YEAR PERIOD, WITH OPTION TO RENEW FOR FOUR (4)
ADDITIONAL YEARS, SUBJECT TO THE AVAILABILITY OF
FUNDS, AT A TOTAL PROPOSED YEARLY COST OF
$58,548.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-
88 GOLF COURSE ENTERPRISE FUND MIAMI SPRINGS ACCOUNT
CODE #580202-610; FURTHER INSTRUCTING 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.)
2.3 ACCEPT BID OF SEA -AIR MECHANICAL, INC. FOR CITY HALL AIR CONDITIONING
IMPROVEMENTS.
RESOLUTION NO. 87-1076
A RESOLUTION ACCEPTING THE BID OF SEA -AIR
MECHANICAL, INC. IN THE PROPOSED AMOUNT OF
$105,000.00 BASE BID OF THE PROPOSAL, FOR CITY
HALL - AIR CONDITIONING IMPROVEMENTS, WITH MONIES
THEREFOR ALLOCATED FROM THE GENERAL APPROPRIATIONS
ORDINANCE NO. 10150, IN THE AMOUNT OF $105,000.00 TO
COVER THE CONTRACT COST; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3 December 10, 1987
2.4 AUTHORIZE PURCHASE OF FIFTY (50) SETS OF FIREFIGHTERS PROTECTIVE
CLOTHING FROM CAIRNS & BROTHERS, INC.
RESOLUTION NO. 87-1077
A RESOLUTION AUTHORIZING THE PURCHASE OF FIFTY (50)
SETS OF FIREFIGHTERS PROTECTIVE CLOTHING FROM CAIRNS
& BROTHERS, INC. UNDER AN EXISTING DADE COUNTY BID
NO. 1234-2/88-CW FOR THE DEPARTMENT OF FIRE, RESCUE,
AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF
$21,575.00, ALLOCATING FUNDS THEREFOR FROM THE 1987-
88 GENERAL FUND ACCOUNT CODE NO. 280601-075;
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.)
2.5 RESOLUTION 87-1078 AUTHORIZING CITY MANAGER TO UTILIZE $150,000 FOR
PROJECT SELECTED BY THE ECONOMIC DEVELOPMENT/PHYSICAL IMPROVEMENT
PROJECT COMMITTEE WAS LATER RECONSIDERED BY MOTION 87-1101 AND REPASSED
AS RESOLUTION 87-1102. (SEE LABEL 8)
2.6 APPROVE FIVE SURVEYING AGREEMENTS WITH MANUEL G. VERA & ASSOC., INC.,
FERNANDO Z. GATELL P.L.S., INC., E.R. BRONELL & ASSOCIATES, INC.,
WEIDENER SURVEYING & MAPPING P.A. AND H.J. ROSS ASSOCIATES FOR 1988
CALENDAR YEAR.
RESOLUTION NO. 87-1079
A RESOLUTION APPROVING FIVE AGREEMENTS, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE
CITY OF MIAMI AND MANUEL G. VERA & ASSOC., INC.,
FERNANDO Z. GATELL P.L.S., INC., E.R. BROWNELL &
ASSOCIATES, INC., WEIDENER SURVEYING & MAPPING P.A.
AND H.J. ROSS ASSOCIATES, A DIVISION OF BAYMONT
ENGINEERING CO.; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID FIVE AGREEMENTS TO PROVIDE
PROFESSIONAL SURVEYING SERVICES FOR THE 1988
CALENDAR YEAR IN CONJUNCTION WITH CITY OF MIAMI
PROJECTS WITH FUNDS THEREFOR ALLOCATED FROM THE
PROJECT EXPENSE FOR EACH INDIVIDUAL PROJECT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4 December 10, 1987
2.7 EXECUTE AGREEMENT WHEREBY CITY SHALL CONSENT TO (A) SUB -LEASES FROM C.P.
TOWER, LTD. AND C.P. RETAIL, LTD. TO CENTRUST OWNED ENTITY; (B) THE
MORTGAGING BY ABOVE PARTNERSHIPS OF SPECIFIC INTERESTS IN CENTRUST
TOWER; AND (C) THE SALE OF STOCK IN ABOVE PARTNERSHIPS TO CHRYSLER
CAPITAL CORPORATION.
RESOLUTION NO. 87-1080
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND IN SUBSTANTIALLY THE FORM ATTACHED,
WHEREBY THE CITY SHALL CONSENT TO (A) SUB -LEASES
FROM C.P. TOWER, LTD. AND C.P. RETAIL, LTD. TO AN
ENTITY INDIRECTLY OWNED AND CONTROLLED BY CENTRUST
SAVINGS BANK; (B) THE MORTGAGING BY C.P. TOWER, LTD.
AND C.P. RETAIL, LTD. OF THEIR INTEREST IN THE
RETAIL LEASE AND THE AIR RIGHTS LEASE IN THE
BUILDING KNOWN AS CENTRUST TOWER; AND (C) THE SALE
OF STOCK IN THE GENERAL AND LIMITED PARTNERS OF C.P.
TOWER, LTD. AND C.P. RETAIL, LTD., TO CHRYSLER
CAPITAL CORPORATION, OR AN AFFILIATE THEREOF, WITH
SAID AGREEMENT ALSO TO PROVIDE THAT THE CITY
FURNISH, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
ALL NECESSARY DOCUMENTS INCLUDING ESTOPPEL LETTERS
AND NON -DISTURBANCE AGREEMENTS TO THE PROPOSED
SUBTENANT OF C.P. TOWER, LTD. AND C.P. RETAIL, LTD.
AND TO ITS SUBTENANTS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.8 ALLOCATE UP TO $25,000 FROM THE DEPARTMENT OF CONFERENCES AND
CONVENTIONS FUND IN SUPPORT OF "THE SUPERSTARS FOR 1988" WITH CERTAIN
CONDITIONS PLACED THEREON.
RESOLUTION NO. 87-1081
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$25,000 FROM THE DEPARTMENT OF CONFERENCES AND
CONVENTIONS FUND IN SUPPORT OF "THE SUPERSTARS FOR
1988", SAID ALLOCATION BEING CONDITIONED UPON ONE OR
MORE EVENTS BEING HELD IN THE CITY OF MIAMI, THE
CITY OF MIAMI BEING RECOGNIZED AND NAMED AS A
SPONSOR, THE CITY OF MIAMI HAVING AN EQUAL ROLE IN
THE DETERMINATION OF ALL PUBLICITY AND RELEASES
PREPARED FOR NATIONAL BROADCAST; MATCHING OR GREATER
AMOUNTS BEING CONTRIBUTED BY THE GREATER MIAMI
CONVENTION AND VISITORS BUREAU OR METROPOLITAN DADE
COUNTY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.9 ALLOCATE UP TO $150,000 TO FINANCE CRIMINAL INVESTIGATIONS.
RESOLUTION NO. 87-1082
A RESOLUTION AMENDING RESOLUTION NO. 87-654, ADOPTED
JULY 9, 1987, BY ADDING A SECTION 2 THERETO, THEREBY
ALLOCATING AN ADDITIONAL AMOUNT, NOT TO EXCEED
$150,000, FROM THE CITY OF MIAMI LAW ENFORCEMENT
TRUST FUND FOR THE CONTINUED FINANCING OF COMPLEX
AND/OR PROTRACTED CRIMINAL INVESTIGATIONS, UPON SUCH
COSTS AND EXPENSES HAVING BEEN APPROVED BY THE CHIEF
OF POLICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5 December 10, 1987
2.10 CO -DESIGNATE S.W. 13TH AVENUE AS "CUBAN MEMORIAL BOULEVARD."
RESOLUTION NO. 87-1083
A RESOLUTION AMENDING RESOLUTION NO. 73-406, ADOPTED
MAY 24, 1973, BY CO -DESIGNATING THE ENTIRE LENGTH OF
SOUTHWEST 13TH AVENUE FROM SOUTHWEST 8TH STREET TO
SOUTHWEST 22ND STREET AS "CUBAN MEMORIAL BOULEVARD";
FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY
OF THIS RESOLUTION TO ALL AFFECTED GOVERNMENT
AGENCIES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.11 TERMINATE PROFESSIONAL SERVICES OF LEGGATT MCCALL ADVISORS, INC., FOR
MIAMI INDUSTRIAL LAND USE NEEDS STUDY; SERGIO RODRIGUEZ TO COMPLETE
PROJECT.
RESOLUTION NO. 87-1084
A RESOLUTION TERMINATING THE PROFESSIONAL SERVICES
CONTRACT WITH LEGGATT MCCALL ADVISORS, INC., FOR THE
MIAMI INDUSTRIAL LAND USE NEEDS STUDY; AND DIRECTING
SERGIO RODRIGUEZ, PLANNING DIRECTOR, TO COMPLETE THE
PROJECT WITH THE REMAINING FUNDING.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.12 NEGOTIATE ACQUISITION OF REAL PROPERTY IN OVERTOWN COMMUNITY DEVELOPMENT
TARGET AREA (208-244 N.W. 13TH STREET); SAID PRICE NOT TO EXCEED
$127,000; CITY ATTORNEY TO CLOSE ON SAID PROPERTY AFTER LEGAL
SPECIFICATIONS MET. (SEE LABEL 18)
RESOLUTION NO. 87-1085
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE UP TO $127,000 WITH PROPERTY OWNER FOR
ACQUISITION OF REAL PROPERTY IN THE OVERTOWN
COMMUNITY DEVELOPMENT TARGET AREA LOCATED AT 208-244
NORTHWEST 13TH STREET IN THE CITY OF MIAMI, LEGALLY
DESCRIBED AS LOTS 2-5 INCLUSIVE, AND EAST 42 FEET
LOT 6, BLOCK 9; SORTS SUBDIVISION, AS RECORDED IN
PLAT BOOK BO ON PAGE 27 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, TO BE USED FOR THE DEVELOPMENT
OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME
FAMILIES; FURTHER AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO PROCEED TO CLOSE ON THE SAID PROPERTY
AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION
OF OPINION OF TITLE; FURTHER DESIGNATING PREVIOUSLY
ALLOCATED 11TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT LAND ACQUISITION FUNDS IN THE AMOUNT OF
$1,000,000 TO COVER THE COST OF SAID ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6 December 10, 1987
2.13 AUTHORIZE PARTICIPATION IN THE AMERICAN CANCER SOCIETY GOLF CARD
PRIVILEGE PROGRAM AT MELREESE GOLF COURSE AND MIAMI SPRINGS.
RESOLUTION NO. 87-1086
A RESOLUTION APPROVING AND AUTHORIZING THE CITY OF
MIAMI'S PARTICIPATION IN THE AMERICAN CANCER SOCIETY
GOLF CARD PRIVILEGE PROGRAM BY REDUCING GREENS FEES
TO $2 PER ROUND OF GOLF FOR EACH 1988 CARDHOLDER
DURING THE SUMMER SEASON AT THE MELREESE GOLF COURSE
AND THE CITY OF MIAMI COUNTRY CLUB IN MIAMI SPRINGS,
UNDER THE TERMS DESCRIBED HEREIN.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.14 DONATE CONFISCATED BICYCLES TO CHARITABLE ORGANIZATIONS FOR DISTRIBUTION
TO NEEDY INDIVIDUALS. W
RESOLUTION NO. 87-1087
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER TO MAKE CONFISCATED,
SEIZED AND/OR FORFEITED BICYCLES AVAILABLE AT NO
COST TO NON-PROFIT AGENCIES, CHARITABLE
ORGANIZATIONS, CHURCH GROUPS AND/OR PUBLIC AGENCIES
FOR DISTRIBUTION TO INDIGENT INDIVIDUALS AND/OR USE
IN YOUTH PROGRAMS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.15 ACCEPT PLAT: NEW PIVETTE PARK.
RESOLUTION NO. 87-1088
A RESOLUTION ACCEPTING THE PLAT ENTITLED NEW PIVETTE
PARK, A SUBDIVISION IN THE 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 PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.16 ACCEPT PLAT: BLUE LAGOON CENTRE.
RESOLUTION NO. 87 -1089
A RESOLUTION ACCEPTING THE PLAT ENTITLED BLUE LAGOON
CENTRE, A SUBDIVISION IN THE CITY OF MIAMI;
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7 December 10, 1987
2.17 RESOLUTION 87-1090 ACCEPTING PLAT ENTITLED CLAUGHTON SUBDIVISION ON
CLAUGHTON ISLAND WAS LATER RECONSIDERED AND DEFERRED BY MOTION 87-1111.
(SEE LABEL 20)
2.18 ACCEPT PLAT: TOUSSANNT L'OUVERTURE SCHOOL LEMON CITY PARK SITE
RESOLUTION NO. 87-1091
A RESOLUTION ACCEPTING THE PLAT ENTITLED TOUSSANIT
L'OUVERTURE SCHOOL LEMON CITY PARK SITE, A
SUBDIVISION IN THE CITY OF MIAMI; 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 PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.19 AUTHORIZE AGREEMENT WITH MIAMI-DADE COMMUNITY COLLEGE FOR "FULL TIME
EQUIVALENT" STUDENT AND INSTRUCTOR COMPENSATION AND STUDENT CONTACT FEE
FOR FIRE, RESCUE AND INSPECTION IN-SERVICE TRAINING PROGRAMS.
RESOLUTION NO. 87-1092
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT BETWEEN THE CITY OF MIAMI AND THE
MIAMI-DADE COMMUNITY COLLEGE (M.D.C.C.) FOR "FULL-
TIME EQUIVALENT" STUDENT COMPENSATION, INSTRUCTOR
COMPENSATION AND STUDENT CONTACT FEE FOR THE MIAMI,
FIRE, RESCUE AND INSPECTION SERVICES IN-SERVICE FIRE
TRAINING PROGRAMS FOR THE PERIOD OF JANUARY 1, 1988
THROUGH JULY 31, 1988.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.20 CLOSURE OF STREETS CONCERNING 5K RUN SPONSORED BY ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, INC. ON DECEMBER 12, 1987.
RESOLUTION NO. 87-1093
A RESOLUTION CONCERNING A 5K RUN TO BE CONDUCTED BY
THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC.
ON DECEMBER 12, 1987, 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 ANY NECESSARY COSTS OF CITY SERVICES
ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.21 CLOSURE OF STREETS FOR THE KING MANGO STRUT PARADE SPONSORED BY THE
COCONUT GROVE JAYCEES, INC. ON DECEMBER 27, 1987.
RESOLUTION NO. 87-1094
A RESOLUTION CONCERNING THE KING MANGO STRUT PARADE
TO BE CONDUCTED BY COCONUT GROVE JAYCEES, INC. ON
DECEMBER 27, 1987, 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; FURTHER ESTABLISHING AN AREA
8 December 10, 1987
PROHIBITED TO NON -FESTIVAL RETAIL PEDDLERS DURING
THE PERIOD OF SAID EVENT; CONDITIONED UPON THE
ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY
SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY ASSOCIATED
WITH SAID EVENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.22 CLOSURE OF DESIGNATED STREETS FOR THREE KINGS DAY PARADE SPONSORED BY
THREE KINGS PARADE, INC. ON JANUARY 10, 1988.
RESOLUTION NO. 87-1095
A RESOLUTION CONCERNING THE THREE KINGS DAY PARADE
TO BE CONDUCTED BY THREE KINGS PARADE, INC. ON
JANUARY 10, 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; FURTHER ESTABLISHING AN AREA PROHIBITED
TO LICENSED RETAIL PEDDLERS DURING THE PERIOD OF
SAID EVENT; CONDITIONED UPON THE ORGANIZERS PAYING
FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED
WITH SAID EVENT BEYOND ANY FUNDS ALLOCATED BY
FESTIVAL ORDINANCE NO. 10026.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.23 AUTHORIZE CITY MANAGER TO EXECUTE AMENDED INTERLOCAL AGREEMENT AND
CONTRACT WITH GREATER MIAMI CONVENTION AND VISITORS BUREAU AND
ALLOCATING UP TO $100,000
RESOLUTION NO. 87-1096
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT
AND CONTRACT WITH GREATER MIAMI CONVENTION AND
VISITORS BUREAU, IN SUBSTANTIALLY THE FORM ATTACHED,
AND ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED
$100,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.24 APPOINTMENTS TO COMMUNITY DEVELOPMENT ADVISORY BOARD: MARIA ELENA
TORANO, LUIS SABINES, WILLIE CALHOUN, HERIBERTO FONSECA, JERRY PARK AND
PROSPERO HERRERA.
RESOLUTION NO. 87-1097
A RESOLUTION REAPPOINTING MARIA ELENA TORANO, LUIS
SABINES, WILLIE CALHOUN AND HERIBERTO FONSECA TO THE
COMMUNITY DEVELOPMENT ADVISORY BOARD; FURTHER
APPOINTING JERRY PARK AND PROSPERO HERRERA TO THE
COMMUNITY DEVELOPMENT ADVISORY BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9 December 10, 1987
3. A. DISCUSSION: REFERRAL OF STUDENTS TO CAREY TECHNICAL INSTITUTE, INC.
B. DISCUSSION: FUNDING FOR CAREY TECHNICAL INSTITUTE, INC. (DISCUSSION
TEMPORARILY DEFERRED AND CONTINUED ON LABEL #14)
Mr. Dawkins: Before we get into the other...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: ... I've got one pocket item I'd like to address, please. At —
the last Commission Meeting, we agreed to work with Carey Institute and I
asked the representative to be here but evidently they didn't get the word to
him, and we were going to refer some students to them - did we do that, Mr.
Manager?
Mr. Odio: Yes, we are doing that. We have a staff assigned to them now.
Mr. Dawkins: Who is the staff person?
Mr. Odio: Let me see, Frank. I don't know the name of the staff person, we
assigned a full time staff there until...
Mr. Dawkins: We did assign them?
Mr. Odio: Yes, we did and we also...
Mr. Dawkins: Here comes Mr. Castaneda. Here's Mr. Castaneda.
Mr. Odio: I also presented to Mr. Coler, the secretary of HRS, on that
independence money that you would be going to Tallahassee to ask for the money
for that. _
Mr. Dawkins: OK, we were supposed to provide one staff person, Mr. Castaneda,
or two?
Mr. Castaneda: Mr. Ivey Kearson is working arrangements right now with Carey
Technical for this purpose, Commissioner.
Mr. Dawkins: Well, how long - when do we plan to do this? It was an
emergency when they came down here.
Mr. Castaneda: I'll get back to you later on today and I will tell you
exactly what we have done. I'm not that familiar with the issue but Mr. Ivey
Kearson...
Mr. Odio: Well, let me tell you what I did, I talked to Francena Brooks and I
told her to assign somebody there full time and I hope she did.
Mr. Castaneda: He might be - he probably will is there if you did.
Mr. Odio: Well, then, fine.
Mayor Suarez: OK, let us know sometime during the day that you ixave resolved
it, please.
Mr. Dawkins: OK, and the other thing is, we were going to look for $25,000,
did we find it Mr. Manager?
Mr. Odio: No, the money I was told that we would go to Tallahassee to try to
get that money out of the independence funds that are available and I did talk
to the Secretary of HRS on that issue and as I understood the motion that one
of you, I think you, Commissioner, would go to Tallahassee to try to obtain
those funds and that they, in turn, would get funds from the next CBDG funding
starting in July 1st.
Mayor Suarez: Half of the year would be taken care of...
Mr. Odio: By the end of...
10 December 10, 1987
Mayor Suarez: ... as of the beginning of the fiscal year for community -
development monies, right, but if the first half would be the funds he's
referring to.
Mr. Odio: We would get it out of the independence monies.
Mr. Dawkins: Mr. Plummer, you said that you was going to see the Secretary,
did you see him?
Mr. Plummer: I saw the Secretary when he came to Miami at the same meeting
where Cesar...
Mr. Dawkins: Miami, not Miama.
Mr. Plummer: That's all right for a tourist, better start acting like a
native. I was at that same meeting and that was what I understood from Cesar
that he was going to address the problem so I did not. I had another problem
to address to the Secretary and I'm hearing for the first time that it's best
that you go.
Mr. Dawkins: Well, is it any...
Mr. Plummer: I'll go with you but it was just that the problem - the reason I
was going there... _
Mr. Dawkins: Well, but right now they have a problem now. How can we address
the problem now, Mr. Manager?
Mr. Odio: Well, I don't have any funds available as I stated before and the =
only thing we can do is provide the staff that we have on the payroll to help
them out.
Mr. Dawkins: OK now, I hear you say we have no money, OK?
Mr. Odio: Yes, sir.
Mr. Dawkins: Now, when time comes for money for the Miami Heat for parking, I
want you to tell me you don't have no money.
Mr. Odio: Yes, I've said...
Mr. Dawkins: OK, no, no, no...
Mr. Odio: ... I will...
Mr. Dawkins: ... all day today I want to hear the fact that you don't have
any money.
Mr. Odio: I will say that to you.
Mr. Dawkins: Now, the first time you identify any money for anything...
Mr. Odio: OK.
Mr. Dawkins: ... I'm going to put you on notice now.
Mr. Odio: Yes, sir.
Mr. Dawkins: That I am going to make a motion that we assist Carey Tech with
$25,000. Anytime today you all come up with money for anything. Now, I don't
know how many votes it will get but it will be a motion. I have to sit here
and wait now till that happens.
ll December 10, 1987
4. BRIEF COMMENT BY MAYOR SUAREZ REGARDING A LETTER FROM HIALEAH MAYOR RAUL
MARTINEZ CONCERNING THE HIALEAH RACETRACK. (PARI-MUTUAL)
Mayor Suarez: At the last Commission meeting, I did not bring up a letter
that I received from Mayor Raul Martinez of Hialeah. Mr. Manager, did you
receive a copy of the same letter asking us to take a stand on the pari-mutual
dates that they would...
Mr. Odio: No, I didn't.
Mayor Suarez: ... receive for the Hialeah Race Track?
Mr. Odio: No, sir.
Mayor Suarez: I'll distribute that letter sometime before the end of the
meeting today and see if the Commission wants to act on an emergency basis on
- that request of Mayor Martinez.
5. ACCEPT BID FROM GREATER MIAMI CATERERS, INC. FOR MEALS AT DAY CARE
CENTERS AND PRE-SCHOOL CENTER. (SEE LABEL 28 AND 47)
------------------------------------------------------------------------------
Mayor Suarez: Item two.
Mr. Dawkins: Item two. The only question I have, Mr. Manager, on item two...
Only one person responded to the bid? Can you tell me why? I mean, can you
tell me why you think. I know you can't tell me why.
Mr. Kevin Smith: Why do I think, sir?
Mr. Dawkins: Yes.
Mr. Smith: To the best of my knowledge, it was put out through Purchasing and
that was the bid process that was followed and that was the response.
Mr. Plummer: How many vendors actually picked up bids?
Mr. Smith: I don't know that, sir.
Mr. Al Howard: Twenty-eight bids were mailed out though to all...
Mr. Plummer: No, no, not mailed out. How many picked up bids? Big
difference.
Mr. Dawkins: Nobody. They were all...
Mr. Plummer: See, the difference is, when you mail them out and I'm not
accusing, Al, OK, but you can be very selective when you mail them out. When
they pick them up, it's a different story. When they pick them up, it shows
an interest, so I'm asking again, how many people actually picked up bids?
Mr. Ron Williams: Commissioner, in response to your question, I don't really
have a distinction between pick ups and mail outs.
Mr. Dawkins: Well, it says here, and the number of bid invitations mailed.
It says right here.
Mr. Williams: Right.
Mr. Odio: We mailed, according to this, twenty eight.
Mrs. Kennedy: Twenty eight.
12 December 10, 1987
Mr. Plummer: Well, but you see, that doesn't tell us anything.
Mr. Odio: Yes, I know what...
Mr. Plummer: Look, Cesar, I think if I understand my colleague...
Mr. Odio: We had, let me...
Mr. Plummer: ... in a town where it is full of caterers...
Mr. Odio: Yes, sir, let me...
Mr. Plummer: ... that are biting at the bit to find work, you only have one
bid, now...
Mr. Odio: Well, because this food is very restrictive, now, they have the...
Mr. Plummer: Cesar...
Mr. Odio: Now...
Mr. Dawkins: It's only restrictive, Mr. Manager, because we, the City of
Miami, constantly sit here and say we want to piggyback on Dade County's bid
and we don't want to go out and do...
Mr. Odio: No.
Mr. Dawkins: ... the leg work outself.
Mr. Odio: No, Commissioner, what I mean to say is that the U.S. Department of
Agriculture monitors the food where they measure the temperature and they're
very, very strict in their rules, I guess, but we, in answer to Commissioner
Plummer, we actually had prior bidders, three of them were invited and new
bidders we invited ten and we notified another fifteen.
Mr. Dawkins: I move that this be put back out for bid. I just don't believe
that with all the food vendors we got in the City of Miami, that only one
person would come back and bid on a State of Florida guaranteed $73,000 worth
of money. I just don't believe, me personally that only one company is
interested.
Mr. Odio: We'll bid again. We advertised in the papers by the way.
Mrs. Kennedy: Mr. Manager, let me ask you, why does it say 28 bids were - in
the backup material were mailed but in the resolution it says invitations were
mailed to thirteen suppliers? Why the discrepancy in numbers?
Mr. Odio: I don't have an answer for that, I'll have to check that. I'm
going by the backup material here where there actually twenty eight were, but
we'll go ahead and rebid this.
Mr. Dawkins: Yes, please, please do.
Mr. Plummer: Well, according to this, all right, invitations were sent to two
blacks and seven Hispanics. Sent, that means what?
Mr. Dawkins: Mailed.
Mr. Odio: Mailed, mailed.
_ Mr. Plummer: And do we have the names of the companies that they were mailed
to?
Mr. Odio: Yes, we'll provide them to you.
Mr. Plummer: We do?
Mr. Odio: Sure. We'll provide them to you and not only that, we did
advertise in the newspapers this bidding.
Mr. Williams: I've got the bid list.
13 December 10, 1987
Mr. Plummer: Well, the other area that might be a problem is the bidding
procedure and what is in the specs. I would ask a letter be mailed to all of
the people that were sent these invitations and asked that they, voluntarily,
I understand, voluntarily respond why they did not bid.
Mayor Suarez: It's like a survey, I mean, if they would like to tell us why
they didn't...
Mr. Plummer: It's a survey, it's volunteer and we understand that. We can't
force them to do it but I'd like to see the feedback of why, out of 18 firms,
only one bid.
Mr. Dawkins: I would too, OK.
_ Mr. Williams: Mr. Mayor, if I may answer Vice Mayor Kennedy's question
regarding the distinction between the 28 invitations and the 13 that's listed
on the resolution, as you will notice from my award of bid sheet, it will show
that fifteen of that total of 28 are courtesy notifications and we do that to
a lot of libraries, governmental institutions, universities and so forth.
Mrs. Kennedy: So then, it's really thirteen.
Mr. Williams: It's really thirteen so the resolution is accurate.
Mr. Plummer: Well, Ron, I think the bottom line is why only one bid. OK?
That's the bottom line because there's a lot of good companies in this town
and there's got to be a reason that they don't want business. Maybe they
don't want to do business with the City of Miami because, like in the old
days, they didn't get paid for 10 months. That might be a problem still. I
don't know. You know, there's many, many reasons, I would ask that you send a
copy of the specs that they bid on to my office, please. I'd like to review
that.
Mr. Williams: Of course.
Mr. Dawkins: Mr. Williams, what kind of a bind will this put you and the
recreation and if we rebid this? Al - this gentleman - none? OK, OK. I ask
that it be rebid.
Mrs. Kennedy: It won't affect the children?
Mr. Odio: None.
Mayor Suarez: We have a motion to, is it to reject the bids at this point and
if so...
Mr. Plummer: What terminology do you want?
Mayor Suarez: ... OK, it's to reject the bids. We need a business reason.
Mr. Plummer: She would like to give you the terminology.
Mrs. Dougherty: To revise the bid specifications.
Mayor Suarez: OK.
Mr. Dawkins: OK, revise the bid specifications to specify that just because
the State of Florida says low, it also says low and responsive. And because a
bid is low, it does not have to be responsive.
Mr. Plummer: How do we know if there's nothing to compare to?
Mr. Dawkins: That's right, that's what I'm saying.
Mayor Suarez: Isn't it a fairly valid business reason, Madam City Attorney,
that there's only one respondent? Isn't that a pretty good reason for us to
be wondering to what extent it's competitive and wanting to find out why the
other ones didn't also participate? That's a pretty good business reason,
isn't it?
Mr. Plummer: Well, that's why I'm asking the survey.
14 December 10, 1987
Mrs. Dougherty: You can throw out bids if you want to revise your
specifications based on the indication that they're inadequate. On the other
- hand, you can't throw out bids just to get different bidders in because you
don't happen to like this bidder. And I'm not saying that's what happened,
- but that could be a perception unless you were revising it.
Mayor Suarez: But the fact that we only have one actually bidding, isn't that
a pretty good - doesn't that put some doubt on the whole process and give us
enough reason for wanting to investigate further the process to see if...
Mrs. Dougherty: That's what we're saying, we are investigating...
Mayor Suarez: OK. So moved. Do we have a second?
Mrs. Kennedy: Second.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-1098
A MOTION INSTRUCTING THE CITY MANAGER TO REJECT BID
RECEIVED FROM GREATER MIAMI CATERER'S, INC. (MEALS FOR
SIX DAY CARE CENTERS) AND TO REBID SAID CATERING
SERVICES; FURTHER DIRECTING THE CITY MANAGER TO REVIEW
THE BID SPECIFICATIONS IN ORDER TO ATTRACT VARIOUS —
BIDS FROM WHICH TO SELECT.
(NOTE: THIS ITEM WAS SUBSEQUENTLY ADOPTED AS R-87-
O 1132.) —
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. -'
------------------------------------------------------------------------------
6. EXTEND SOLE SOURCE CONTRACT WITH DELARUE PRINTRAK, INC. (MAINTENANCE
SERVICE OF FINGERPRINT COMPUTER).
------------------------------------------------------------------------------
Mayor Suarez: Item six.
Mr. Dawkins: On item six, Mr. Mayor, and fellow Commissioners, did we or did
we not agree to purchase the newer model? That's my concern. The Printrak,
the fingerprint machine.
Mr. Plummer: They came to talk with me this morning and, yes, we are going to
make changes whether it's a new one or upgrading the old one, but what I
agreed to this morning and I would like the Commission to consider, is that we
pay the maintenance on a monthly basis until that determination has been made.
We have to have a machine, we have to have it operating and I would say since
it's on increments of 1/12th that we pay that, Commissioner Dawkins, until
such time as our decision has been made as to what we're going to do about a
new machine or upgrading the old.
Mr. Dawkins (Off mike): OK, if you move it, I'll accept it with that.
15 December 10, 1987
Mr. Plummer: I'll move that the service contract be payable on a monthly -
basis until such time as this Commission has made a determination as what is
going to be done about the old machine.
Mayor Suarez: So moved.
Mr. Dawkins: I second it and under discussion...
Mayor Suarez: Seconded.
Mr. Dawkins: ... I'll be pushing the Manager to go ahead and expedite
purchasing whatever we got to do because, see, we keep messing around and
waiting and talking about adding a piece and deleting a piece and the machine
- keeps falling behind and it's going to cost more money.
_ Mr. Plummer: They have indicated that they will be back before this
Commission in the January meeting with some recommendation. I have some
reservations as to whether or not that is the best route to travel, but it'll -
give me time to look into - the State of Florida is going with a $20,000,000
_ process. We might be, just I'm saying, we might be smarter to buy time from
the State machine overall than we are to own our own machine.
Mr. Dawkins: I have no - if it's saving money, I have no problem with it...
Mr. Plummer: OK, well that's why I want to look into it.
Mr. Dawkins: ... but by the same token, have everything ready to purchase in
the event that we don't go with the State.
Mr. Odio: Commissioner, we...
Mr. Dawkins: I don't want us to find out we're not going with the State and
then have to go back through the process of bid procedure and etc. That's all
I'm asking.
Mr. Odio (Off mike): We have an item ready for January for. this..
Mr. Joseph Longueira (Off mike): It's on the purchase of our own machine.
Mr. Odio: We do have an item ready for the first meeting of January for the
purchase of the machine.
Mr. Plummer: No, that's not true.
Mr. Longueira: Well..
Mr. Plummer: Come on now, be honest.
Mr. Odio: $800,000 worth, I don't know what that is.
Mr. Plummer: It is not for the purchase of a new machine.
Mr. Longueira: Right, it's to upgrade our existing.
Mr. Plummer: It is to make a hybrid, a bastard child, to take an old machine
and add new parts to it.
Mr. Dawkins: I will not vote for that.
Mr. Plummer: Well, you see, that was my reservations to them this morning.
Mr. Dawkins: I will not vote for that.
Mr. Plummer: And that's what I want to look into and have the opportunity
between now and January to look into that matter.
Mr. Longueira: Commissioner Plummer, we looked into as far as using the
State's machine. What's going to happen, how the State's working it is the
State's going to have a system in Tallahassee...
Mr. Plummer: Don't take up all the time of this Commission this morning. I
will personally, whether this Commission asks me to or not, I'm going to look
into the matter. OK?
16 December 10, 1987
Mr. Dawkins: And you'll have your chance to explain it to all of us after he
get through looking at it. No further discussion.
Mayor Suarez: What do you want to do with the item? We have a motion, do we
have a second?
Mr. Plummer: We voted on it, didn't we?
Ms. Hirai: No, sir, we have a motion and a second...
Mayor Suarez: We have a motion and the second is not withdrawn, right?
Mr. Dawkins: No, no, Mr. Mayor.
Mayor Suarez: OK, we have a motion and a second. Any discussion? Call the
roll on item six.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1099
A MOTION TO EXTEND THE SOLE SOURCE CONTRACT FROM
DELARUE PRINTRAK, INC. (FOR PURCHASE OF MAINTENANCE
SERVICES OF FINGERPRINT COMPUTER SERVICES) ON A 1/12
MONTH TO MONTH FUNDING UNTIL SUCH TIME AS THE CITY
COMMISSION DEEMS WHAT IS GOING TO BE DONE ABOUT THE
OLD MACHINERY; FURTHER DIRECTING THE CITY MANAGER TO
DO WHATEVER IS NECESSARY TO EXPEDITE THE PURCHASE OF
THE NEW EQUIPMENT.
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.
7. EXTEND EXISTING CONTRACT WITH BURNS INTERNATIONAL SECURITY SERVICES (AT
CITY STADIUMS) FOR 90 DAYS - DIRECT MANAGER TO REBID AT END OF SAID
PERIOD.
------------------------------------------------------------------------------
Mayor Suarez: Item eight, yes on my vote on that, item eight.
Mr. Dawkins: Go ahead, Mr. Mayor, go ahead.
Mr. DeYurre: OK, thank you. I have some question as to the procedure for
this $46,000 contract. Mr. City Manager, is this based on a set amount of
events annually or just how do we arrive at this $46,000 figure?
Mr. Odio: This is an extension of - they had a three year contract and all
we're saying is they did a good job and, let me answer that question.
Mr. Plummer: That's not his question.
Mr. Odio: I know, I know, let me answer that question.
Mr. Al Howard: Yes, they have been doing a good job. We're satisfied with
their work.
INAUDIBLE COMMENTS.
17 December 10, 1987
Mr. Howard: Yes, for the Orange Bowl games and for the events at the Baseball
Stadium which includes the baseball games through the year with the Orioles
-- and also with the Marlins and concerts and whatever other activities they
have.
Mr. DeYurre: OK, now, is this, the $46,000, it doesn't matter how many events
we have at the Orange Bowl, they get that amount.
Mr. Howard: If we bring in more events than we've listed, then we'd have to
go above that. These list all the events that are planned now. If something
special comes in, then we have to make a per diem for that particular event.
Mr. DeYurre: And how does that work?
Mr. Howard: At the $6.30 per hour, the same as they're getting for these
events; the same rate.
Mr. DeYurre: $6.30 an hour per...
Mr. Howard: $6.32 an hour.
Mr. DeYurre: Per guard or assistant that they have working there at the
stadium.
Mr. Howard: Per individual.
Mr. DeYurre: How do you know how many individuals they have?
Mr. Howard: By the number of the people that we expect in the attendance. We
have a set pattern, with so many people attending the number of security
people that we have there.
® Mr. DeYurre: How do you check that those people are there?
Mr. Howard: The security?
i_
UNIDENTIFIED SPEAKER: Uh huh.
Mr. Howard: We have our staff checking each security agent that is there and
they check in before the event starts so they are checked by the City
supervisor.
UNIDENTIFIED SPEAKER: OK, thank you.
Mr. Dawkins: Why is it that I constantly sit here and ask you that out of all
— of the minority firms in security that are local, that pay local taxes, you
people continue to contract with these individuals? Why?
Mayor Suarez: Particularly in view of the number of security companies in
this area.
Mr. Dawkins (Off mike): That's right, Mr. Mayor.
Mr. Ron Williams: Commissioner Dawkins, we do have a number of minority firms
that we contract with for various security...
Mr. Dawkins: Name them and tell me where they work, please, sir.
Mr. Williams: I would have to gather that information and give it to you but
— we have several minority firms. In this particular situation, several bids
_ were mailed to minority firms, black, Hispanic and female and we did not
establish this as a necessary set aside for any particular minority group.
Therefore, the procurement procedures provided for low bid award and that's
what happened in this situation. I would be most happy to provide you with
the firms and the dollar value in terms of business that we do with other
minority firms.
Mr. Dawkins: I'm sorry, sir, and I apologize, I was talking. What's the
reason you gave for using Burns?
Mr. Williams: At this point, low bid.
18 December 10, 1987
Mr. Dawkins: Low bid?
Mr. Williams: Yes, sir.
Mr. Dawkins: How much low?
Mr. Williams: This, the one that you're...
Mayor Suarez: But no, you must mean low bid when the initial contract was let
out, not now that we have an extension. There was no new bid put out again.
Mr. Williams: I'm talking about original award, Mr. Mayor.
Mr. Dawkins: All right, yes, you see, this is the way everybody get locked
into things. We just keep renew it and renew it and then, if we need, as
Commissioner De Yurre asked, if they need more people they don't have to rebid
it, they just say, we need more people to cover what we're covering and,
therefore, the bid the amount automatically go up, Commissioner. I just feel
there's enough minority firms who meet our need.
Mr. Odio: See Commissioner, the original bid said that it would be for a
three year...
Mr. Dawkins: Ten year?
Mr. Odio: ... three year, three year contract renewal every year if they
perform.
Mr. Dawkins: Renewable, it didn't's say, sign up.
Mr. Odio: No, it said renew.
Mr. Dawkins: When you say renewal, if we want to.
Mr. Odio: That's correct.
Mr. Dawkins: OK. And I don't want to but I'm just one vote. OK?
Mr. Odio: Yes, sir.
Mr. Dawkins: I mean, I keep going through this every year, you know. And
then you guys, I mean not you guys, but you come in here when we got a big
affair like the Orange Bowl coming and everybody's concerned about safety and
welfare of the tourists coming in and we don't want anybody to lose it with a
bad image of Miami and you're coming here and push this on me and I got to
accept it because I need to protect the people. But all year long when you
should be trying to find me somebody and have them on hand when these come up,
we don't do it. I can't tell you right now to drop Burns knowing that in a
couple of days we got the Orange Bowl and that this guy, no doubt, has set
down and worked out a security system to help us protect the tourists and
everybody when they get here. Next year, I'm not voting for this. I make a
motion that we extend this for 90-days and open it up for biding.
Mayor Suarez: So moved. I'll second if no one else seconds it.
Mr. De Yurre: I'll second it.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-1100
A MOTION AUTHORIZING THE CITY MANAGER TO EXTEND
EXISTING CONTRACT WITH BURNS INTERNATIONAL SECURITY
SERVICES AT CITY STADIUMS FOR THE PERIOD OF 90 DAYS;
FURTHER DIRECTING THE CITY MANAGER, TO AGAIN PUT OUT
FOR BID REQUEST FOR SAID SERVICES.
19 December 10, 1987
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
8. RECONSIDERATION OF PREVIOUS VOTE ON AGENDA ITEM 7 WHICH AUTHORIZED
_ MANAGER TO EXECUTE CONTRACT WITH INTERNATIONAL CAR WASH FOR CONSTRUCTION
OF SHOPPING CENTER. (UPON RECONSIDERATION, THE ITEM WAS AGAIN PASSED AND
ADOPTED AS PRESENTED ON THE AGENDA.)
------------------------------------------------------------------------------
Mayor Suarez: Wait, wait, Don, on the last item?
Mr. Donald Benjamin: No, no, no. Mr. Mayor, Commissioners...
Mayor Suarez: On which item?
Mrs. Kennedy: On which item is this?
Mr. Benjamin: Item seven. I see you've skipped it over.
Mayor Suarez: Yes, we called out any items that anybody wanted to pull from
the Consent Agenda and we voted on that item. What did you want to tell us
about that? We may have to reconsider.
Mr. Benjamin: Well, once again, Overtown is left out because we submitted the
proposal.
Mayor Suarez: Give us your name, please, first, Don.
Mr. Benjamin: Donald F. Benjamin, St. John Community Development Corporation.
We submitted a proposal that would benefit the Overtown Merchants' Cooperative
Association and 16-member merchants and that proposal was turned down.
Mayor Suarez: OK, if you want to get into the merits of it.
Mr. Plummer: You understand this is a loan and not a grant.
Mr. Benjamin: Well, when the advertisement went out, it said both grants and
loans.
Mayor Suarez: Let me see if the Commission wants to reconsider. You,
obviously, are used to the old system where the Commission would not get on to
items as quickly as 9:15, 9:20 so you weren't here on time to...
Mr. Benjamin: Well, I was here before 9:15, sir.
Mayor Suarez: You were hiding then.
Mr. Benjamin: -------------.
Mayor Suarez: OK, well, I'll entertain a motion to reconsider item seven so
we can get into the argument that he's making.
Mrs. Kennedy: So moved.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
20 December 10, 1987
The following motion was introduced by Commissioner Kennedy, who moved
its adoption%
MOTION NO. 87-1101
A MOTION TO RECONSIDER PREVIOUS VOTE ON AGENDA 7 (R-
87-1078 - WHICH NUMBER WAS VOIDED) WHICH AUTHORIZED
CITY MANAGER TO UTILIZE $150,000 FOR EXECUTION OF A
CONTRACT WITH INTERNATIONAL CAR WASH FOR CONSTRUCTION
OF A TWO STORY MIXED USE SHOPPING CENTER LOCATED AT
N.W. 54 STREET BETWEEN 14 AND 15 AVENUES; UPON
RECONSIDERATION, THE ITEM WAS AGAIN ADOPTED AS R-87-
1102.
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.
Mayor Suarez: Now, tell us what you want to tell - or, Commissioner...
Mr. Plummer: No, it's...
Mr. Benjamin: Well, the, the...
Mayor Suarez: Tell us what you want to tell us on.
Mr. Plummer: ... I just want to make sure that he understood that this is not
a grant of money, it's a loan.
Mr. Benjamin: Mr. Commissioner, when the advertisement came out, it said
grants and loans.
Mr. Plummer: Mr. Manager.
Mrs. Kennedy: Mr. Manager.
'—" Mr. Dawkins: What he's telling you, Mr. Benjamin, is that the ones they made
were grants, not loans.
Mr. Benjamin: Well - what's that?
Mr. Dawkins: I think what he's saying is, that the ones made were grants and
not loans.
Mr. Benjamin: Well, this is what we're interested in, the grant. If the
grants were made why was Overtown...
Mr. Dawkins: They were loans. These were loans and not grants. I don't
know, go ahead, go ahead, I don't know, go ahead.
Mr. Benjamin: No, the advertisement said, grants and loans for economic
development and physical improvements. We submitted a proposal that would
benefit the Overtown Merchants Cooperative Association. The Overtown
Merchants Association is an organization that buys merchandise...
Mayor Suarez: Before you tell us about that, why should we not approve the
$150,000 for this particular venture in the area which is the target area
unless it excludes yours, does it exclude his in any way?
Mr. Frank Castaneda: No, no, it does not exclude theirs. One is not related
to the other. We have been in very serious discussions with them. We were
interested in the idea, the problem is that there are a lot of technical
issues that have not been resolved.
21 December 10, 1987
Mayor Suarez: Are you telling us in any way that this is not a worthy project
in a target area, Don?
Mr. Benjamin: Well, they said it's a worthy project too. The technical
difficulties have...
Mayor Suarez: Your's is, you're talking about now.
Mr. Castaneda (Off mike): Yes.
Mr. Benjamin: It's a good project, yes.
Mayor Suarez: Yours.
Mr. Benjamin: Yes.
Mayor Suarez: But, we're talking about this one here, it's a hundred and
fifty thousand out of seven hundred and thirty.
Mrs. Kennedy: What has one thing got to do with the other?
Mr. Benjamin: Oh, oh, I'm - that has nothing to do, that has nothing to do
with me.
=
Mayor Suarez: If you encounter any problems with our staff and if you think
that you're not being treated fairly as to what the problems that they're
saying that you have, let the Commission know, let individual members of the
Commission know; not at this time, please. But we will keep an eye on staff
as we always do.
i
Mr. Benjamin: Well, I have written to the members of the Commission about
s
this problem and nobody has responded to me.
s
Mayor Suarez: Well, partly probably because if we have checked with them, it
sounds like he's still working with you. There's no final determination.
Mr. Benjamin: No, he's not, he's not. He has ruled it out.
Mayor Suarez: OK, what about that, Frank? Are you working with him on trying
to resolve his problems? Are they resolvable or what?
Mr. Castaneda: We are working with him...
Mr. Benjamin: No, he's not.
Mr. Castaneda: ... but let me explain the technical problem. The technical
problem is that he has no control of the cooperative.
Mr. Benjamin: No, that has nothing to do with it.
_ Mayor Suarez: OK, but we're not going to get into that here today. You have
no objections to this when this is a target area, this is a worthy project,
you're not aware of any problems with the City's recommendation, Don, so what
_ we'll do, at least for myself and I'm sure the other Commissioners will do the
same, is assign a staff member from my office to look over your problems with
Frank and see if they can be resolved and see if he's being fair. But we're
not going to get into that in this item because it's not related to that.
Mr. Benjamin: OK.
Mayor Suarez: This does not exclude you in any way. There's a hundred and
fifty thousand out of seven hundred and thirty.
Mr. Benjamin: It has nothing to do with me. That's the point.
Mayor Suarez: Right. But we will monitor yours and you're, of course,
entitled to request a personal appearance at the next Commission session and
tell us why he's not treating you fairly.
Mr. Benjamin: I could tell you know.
22 December 10, 1987
Mayor Suarez: You know that, you know that.
Mr. Benjamin: OK.
Mayor Suarez: All right. I'll entertain a motion on seven.
Mrs. Kennedy: Move it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1102
A RESOLUTION AUTHORIZING THE CITY MANAGER TO UTILIZE
ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) OF THE
SEVEN HUNDRED THIRTY THOUSAND DOLLARS ($730,000)
ALLOCATED FROM THE TWELFTH (12TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF
EXECUTING CONTRACT AGREEMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN ACCORDANCE WITH THE
GUIDELINES SET FORTH, WITH THE ORGANIZATION, NAMED
HEREIN, WHOSE PROJECT PROPOSAL WAS SELECTED BY THE
ECONOMIC DEVELOPMENT/PHYSICAL IMPROVEMENT PROJECT
COMMITTEE, AND SUCCESSFULLY MET THE SCORING
REQUIREMENTS AND LEVERAGE AMOUNTS.
(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.
Mayor Suarez: Don, if you want to go right upstairs, I'll make sure one of my
aides takes care of you and we have some...
Mr. Benjamin: Which one?
Mayor Suarez: Well, I'm going to send Mario with you but I'm going to ask,
Jeff, I think, to look over your matter. All right, I'll ask Mario to look
over your matter.
9. EXECUTE AGREEMENT WITH THE RICOH-SAN-AI GROUP - AUTHORIZE MANAGER TO
ACCEPT, IN PRINCIPLE, $300,000 CASH GRANT FROM SAID GROUP TO REFURBISH
THE JAPANESE GARDEN - AUTHORIZE NEGOTIATION OF CONTRACT.
------------------------------------------------------------------------------
Mayor Suarez: Item nine, Commissioner Kennedy.
Mrs. Kennedy: Yes, I could not attend yesterday's ceremony but I want to
commend the Ricoh Corporation and give them our heartfelt thanks for the
generous grant to the Japanese Gardens and I also would like to commend Miss
Agnes Youngblood for her tireless effort in refurbishing this place...
Mayor Suarez: She's not here, is she?
23 December 10, 1987
V
Mrs. Kennedy: ... it is one of our City's jewels and this is something that
we need to do and I so move the item.
Mayor Suarez: So moved.
Mr. Plummer (Off mike): Second.
Mrs. Dougherty: Could we have a modification of the resolution instead of in
substantially the form attached, we would like in a form and substance
acceptable to the City Attorney.
Mayor Suarez: In a form and substance acceptable to the City Attorney. So
modified in the motion, do you accept that?
Mrs. Kennedy: Yes.
Mayor Suarez: And the second accept that? Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1103
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AN AGREEMENT WITH THE RICOH SAN-AI GROUP ("RICOH"), IN
A FORM AND SUBSTANCE ACCEPTABLE TO THE CITY ATTORNEY,
SETTING FORTH THE TERMS AND CONDITIONS OF A $300,000
GRANT FROM RICOH AS PARTIAL FUNDING FOR THE RENOVATION
OF THE CITY'S JAPANESE GARDEN LOCATED ON WATSON
ISLAND; AND FURTHER DIRECTING THE CITY MANAGER TO
PRESENT SAID AGREEMENT TO THE CITY COMMISSION FOR
CONSIDERATION AND APPROVAL PRIOR TO ITS EXECUTION.
(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.
Mayor Suarez: Did any Commissioner make it to the luncheon finally?
Mr. Plummer: I didn't. Let me just make sure on that particular item. Mr.
Manager, as I'm reading here, there is a matching grant from the City, is that
correct?
Mr. Odio: Yes, sir.
Mr. Plummer: So it's not a $300,000 project as indicated on the agenda; it's
a half a million dollar...
Mr. Odio: It would be five hundred - it will be a half a million dollars.
Mr. Plummer: And what...
Mr. Odio: The total estimated cost of the renova...
Mr. Plummer: Are there any stipulations or restrictions on that grant?
Mr. Odio (Off mike): I believe that there are some.
Mr. Plummer: Such as?
24 December 10, 1987
5
Mr. Dawkins (Off mike):
you it was coming? OK.
I told you it was coming, didn't I? Didn't I tell
Mr. John Gilchrist: Well, there's two things in principle that they want,
Commissioner. One is that we respect the garden from here on and not let it
deteriorate as it had previously. We're in the process of trying to determine
how to deal with maintenance, both from them and from the Friends of the
Japanese Garden and from our point of view.
Mr. Plummer: But what I'm saying is that this, in no way, ties this
Commission's hands in the future if we suddenly decide to make some
determination with that island.
Mr. Gilchrist: Well, I think we have to retain the garden.
Mr. Dawkins: Where is...
Mr. Gilchrist: I think we've always had that under, you know.
Mr. Plummer: For how long a period of time?
Mr. Gilchrist: Sir, the previous garden was in perpetuity anyway. Any
previous development proposal we've ever had has retained the garden and
that's - it's for in perpetuity...
Mr. Plummer: Look, John, I'm not maybe arguing with you.
Mr. Gilchrist: ... and the answer is in perpetuity.
Mr. Plummer: You're saying is if this Commission or any subsequent Commission
ever wanted to do something with Watson Island...
Mr. Dawkins: They have to go to the voters.
Mr. Gilchrist: Yes.
Mr. Plummer: ... that the gardens are untouchable, that area cannot be
touched in any way.
Mr. Gilchrist: Well, it needs to be retained as the Japanese Garden. That
doesn't mean that modifications couldn't be done, actually improvements to it.
Mayor Suarez: Under what circumstances could we change our minds supposing it
ever came to that and...
Mr. Plummer: Well, once you accept this grant, you've locked yourself.
That's why I'm asking the question.
Mr. Gilchrist: The intention is to lock in to have in perpetuity a Japanese
Garden on Watson Island, right.
_ Mayor Suarez: In perpetuity, perpetuity as the word implies, forever and
ever.
Mrs. Kennedy: Forever and ever.
Mr. Gilchrist: Right.
Mr. Plummer: See, that's...
Mayor Suarez: There's no reverter whatsoever? I mean, we ought to build in
some provision...
Mr. Gilchrist: Well...
Mayor Suarez: ... if the entire purpose of the island changes some way, I
mean, a hurricane could blow it over or something.
Mr. Gilchrist: We are still sitting at the table and I even contemplated
whether this agreement should be before you today because we haven't concluded
some of those issues and it...
25 December 10. 1987
Mr. Plummer: Well, wait a minute, why is it before us if you're still sitting
at the table negotiating? It's just to accept the grant?
Mr. Gilchrist: This is to accept the grant and to...
Mayor Suarez: You want to accept it in principle today and leave out the...
Mr. Gilchrist: ... authorize us to do an agreement in a form acceptable to
the City Attorney. We were going to ask for that change.
Mayor Suarez: Right.
Mrs. Kennedy: Why don't we break it up into two parts and just accept the
grant?
Mayor Suarez: We're accepting it in principle and effect, right, Commissioner
Kennedy, is what you're suggesting?
Mrs. Kennedy: Right, and that's a motion.
Mr. Plummer: And let me ask...
Mayor Suarez: Subject to the Commission approving the final form and better
put some provision in there, John...
Mr. Gilchrist: Yes, sir, I understand.
Mayor Suarez: ... in case of a change in our - Commissioner Plummer is that
the.....
Mr. Dawkins: Where is the two hundred - where is the rest of the money coming
from?
Mr. Plummer: Exactly the question I... Where's the other two hundred?
Mr. Dawkins: Where is the rest of the money coming from?
Mr. Gilchrist: By the way, we have the opportunity to provide that in in -kind
services, for instance. We can use our...
Mr. Dawkins: $300,000 worth of in -kind services.
Mr. Plummer: No, two hundred match. Two hundred to match.
Mr. Gilchrist: No, we have to match it in two hundred.
Mr. Dawkins: Huh?
Mr. Gilchrist: But the two hundred is not necessarily cash. We have to go in
and remove some existing...
Mr. Dawkins: Well, what can we do over there - I mean, to give $200,000 worth
of in -kind services?
Mr. Plummer: About a day and a half of labor.
Mr. Gilchrist: It's available - we already have in the capital improvement
fund the two hundred thousand to match and that was approved earlier by the
Commission. All I'm saying is the agreement allows us to use in -kind
services. We can expend up to two hundred thousand.
Mr. Dawkins: But in -kind services, you still would be using personnel paid by
the City...
Mr. Gilchrist: Yes, yes, sir.
Mr. Dawkins: ... so that would still be money that's got to be spent. It's
not like something we reach in under the hat and getting something out of.
Mr. Gilchrist: Yes, but it's kind of spent in-house, sir.
Mr. Dawkins: OK, OK.
26 December 10, 1987
i
i
Mr. Plummer: Well, I guess the real question I've got is, that it's not
coming from any of that 8.3 million dollars...
Mr. Gilchrist: No, sir.
Mr. Plummer: Wait a minute, even the in -kind is not going to be coming from
that money.
Mr. Gilchrist (Off mike): No, sir.
Mr. Plummer: OK, look, I would like to have the revote of accepting it in
principle. You know, forever, is a long time.
Mr. Gilchrist: And we'll bring the agreement back to you, sir.
Mayor Suarez: Think of some provision to be put in there.....
Mrs. Kennedy: Yes, we're just accepting the agreement.
Mr. Plummer: So then, we'll change this wording in form acceptable to the
City Attorney and the City Commission.
Mayor Suarez: We'll make it a little less long then a little bit more
conditional than perpetuity somehow, I'm sure you can come up with the
wording.
Mr. De Yurre: I'd like to find...
Mayor Suarez: OK, we have a motion to accept in principle, Commissioner De
Yurre.
Mr. De Yurre: Before we move on that I'd like to - they mentioned perpetuity
and I wasn't clear on that as far as - is it already in perpetuity at this
point in time or it's not with the Japanese Garden that's there already?
Mr. Gilchrist: I believe the garden that's there is in perpetuity now and
this does give us an opportunity to renegotiate that.
Mr. De Yurre: We have to renegotiate with the original.
Mr. Gilchrist: We're dealing with the same people by the way.
Mr. De Yurre: The same people.
Mr. Gilchrist: The people who originally donated the garden.
Mr. Plummer: What is the estimated cost of maintenance?
Mr. Al Howard: That will be about $100,000 a year which includes a curator
for the Japanese Gardens. However, some of the recommen...
Mr. Plummer: How much is the curator making?
Mr. Howard: That will be about $32,000.
Mr. Plummer: What?
Mr. Howard: Because they will be having activities...
Mrs. Kennedy: Am I glad I decided to thank somebody.
Mr. Howard: Well, actually what they're doing is that it's going to be a
specialist in Japanese cultuze. You'll have activities over there such as the
studying of the tea ceremony.
Mr. Plummer: Well, who's paying the thirty-two - who's paying the curator?
Mr. Howard: They're trying to raise funds.
Mr. Odio: Yes, because I told them that we didn't have that kind of monies
and the private sector is trying to raise the funds --------
-= 27 December 10, 1987
Is W
Mr. Howard: Friends of the Japanese Garden.
Mrs. Kennedy: So, they will raise the funds.
Mr. Howard: It's their responsibility, but it will be about $100,000 a year.
Mr. Plummer: A $100,000 a year in maintenance.
Mr. Howard: In maintenance...
Mr. Plummer: Or is that in maintenance and the curator?
Mrs. Kennedy: And curator.
Mr. Howard: Program and maintenance, everything combined.
Mr. Plummer: But you're saying is that the City is not going to be
responsible for the curator.
Mr. Howard: No, not at all, that's part - Friends of the Japanese Gardens.
Mr. Plummer: So you're talking about $70,000 a year in maintenance.
Mr. Howard: Well, no, because the curator will also - there will be
activities going on there, special activities such as the tea ceremony,
weddings and things of that nature that they will be sponsoring over there.
They're also trying to balance that off by charging a fee. Once this is
finished, there will be a fee to go in that just like the Seaquarium or
anything else. It will be an outstanding facility.
Mr. Plummer: Who has control over that?
Mayor Suarez: All of that will have to be approved by the Commission as far
as setting any kind of a fee. They're not managing this exclusively, they're
just helping us in the management of it.
Mr. Howard: Right. The recommendation will be made in the contract that they
will operate that facility with the cooperation of the City. It will be a co -
venture.
Mayor Suarez: And we're not acting on that today. Do we have a motion to
accept in principle?
Mrs. Kennedy: I moved it.
Mayor Suarez: Do we have a second?
Mr. Plummer: Yes, I second it in principle.
Mayor Suarez: Second. Any discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1103.1
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ACCEPT THE $300,000 CASH GRANT FROM THE RICOH SAN-AI GROUP
FOR THE REFURBISHING OF THE JAPANESE GARDEN LOCATED ON
WATSON ISLAND; FURTHER DIRECTING THE CITY MANAGER TO
NEGOTIATE THIS CONTRACT, ESPECIALLY TO REVISIT THE "IN
PERPETUITY" ASPECT PREVIOUSLY AGREED TO BY THE PARTIES;
AND FURTHER STATING SAID CONTRACT MUST BE IN A FORM AND
SUBSTANCE ACCEPTABLE BOTH TO THE CITY COMMISSION AND THE
CITY ATTORNEY.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
28 December 10, 1987
f
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
------------------------------------------------------------------------------
10. EXECUTE AGREEMENT WITH ZAMINCO INTERNATIONAL, INC. FOR THE PROVISION OF
A LOAN UP TO $5,400,000 IN C.D. BLOCK GRANT FLOAT FUNDS FOR RESTORATION
OF THE FREEDOM TOWER BUILDING.
Mayor Suarez: Item twelve, Commissioner De Yurre.
Mr. De Yurre: I'd like to have some background information on this item,
number twelve.
Mr. Odio: This is the renovation of the Freedom Tower within the tax
increment district created for the Southeast Overtown Park/West project and
what we're doing is monies that are available in Washington, D.C. for the
purpose of this type of loans which you need a letter of credit guaranteed by
the developer which can be revocable in 48 hours, by the way. It can be
called in 48 hours and since they do meet all those criterias and there is a
precedent for that, by the way the County did that with the Peoples' Bank and
we did that with Circa in the Overtown project with a $7,000,000 loan. Since
the monies are available and since they do meet all that criterias, that's why
it is recommended.
Mayor Suarez: Commissioner, let me ask Frank a question that might clarify a
lot of this if, as you told me this morning, Frank, is it the case that if the
City decides that we think that this money can better be used for any other
kind of a program, totally at our discretion, we can call this float...
Mr. Frank Castaneda: For 48 hours, yes.
Mayor Suarez: ... in 48 hours and they would have to substitute, totally at
our discretion, they would have to substitute this monies with their own
financing... -
Mr. Castaneda (Off mike): That's correct.
Mayor Suarez: ... and that's part of the reason why nobody applies for this.
Mr. Castaneda: Right.
Mayor Suarez: Now, do we have any present use for that loan money that we
would want to be in a position to call this loan within the next 48 hours?
Mr. Castaneda: Let me explain the...
Mr. Odio: Wait, can I say something first. That money has been in Washington
available for the last eight years and nobody has applied for it before.
Mr. Dawkins: The reason nobody applies for it is just like you said, Mr.
Mayor. Very few businesses got 2.5 million dollars at hand, so when they
borrow this money knowing that they've got to give it back in 48 hours, if
they've got it, they just go ahead, I mean, conventionally and get it...
Mr. Plummer: Not 2.8, it's 5.4.
Mrs. Kennedy: 5.4.
Mr. Dawkins: I don't care what it is...
Mr. Plummer: Oh.
29 December 10, 1987
i
Mr. Dawkins: ... anybody, because, you know, we've been through this two
other times with firms up here and they say, well, you know, if I got to give
it up in 48 hours, I may as well go conventionally and find it and know that I
have a spread out time to pay it rather than going to bed every night knowing
that I may be called and asked for it in the morning.
Mr. De Yurre: Well, the thing is, they're going in deposit the equal amount
of the 5.4 million so it's going to be readily available at any time.
Mr. Odio: Oh no, they have to provide a guaranteed letter of credit.
Mr. Plummer: In the letter of credit.
Mr. De Yurre: Guaranteed letter of credit or cash deposit?
Mr. Odio: Guaranteed letter of credit.
Mr. Castaneda: Letter of credit. Let me explain what the problem with the
float has always been. First of all, if you can get the letter of credit,
which a lot of people cannot get the letter of credit from a rated bank
especially for this kind of money. It will cost you between 2 to 3 points at
least. Number two, by using these funds for construction, you kick off Davis
Bacon wages.. Now that means that in this construction job, you're basically
going to have to pay union wages which is going to increase your construction
cost. So, A you have increased construction cost, B, you have 2 to 3 point
interest increase, so, therefore, you have to come down, way down in order to
do that. What is the advantage to the City? This building is across the
street from Bayside, it's a mess right now. Number two, it's an historic
site. It has very strong significance for the Hispanic community. As part of
this, they will promise to put a museum in there. Number three, it is in a
tax increment district. The taxes from here will go into the Overtown
Park/West project to keep fueling the machine for further development in the
Overtown Park/West area.
Mr. De Yurre: The Cuban museum that they're talking about, have you seen any
design for it? What's it going to look like?
Mr. Castaneda: I have not. I have talked to them. I told them that we need
to put that in more detail than it presently is. They're saying, right now,
that the minimum square footage will be 4,000 square feet. That it will be
built at no cost to the City. But I think that we did need more detail on
that.
Mrs. Kennedy: Yes.
Mr. De Yurre: We have that in writing?
Mr. Castaneda: As to the 4,000 square feet, no, it would be put in their
contract.
Mrs. Kennedy: Frank, I think that - at least one of us should be kept abreast
of that museum.
Mr. Castaneda: Sure.
Mrs. Kennedy: Please contact, at least I'm very interested to follow that up
when you have more details.
Mayor Suarez: Anything else on item 12? I'll entertain a motion.
Mr. De Yurre: I'll move.
Mayor Suarez: If not.
Mr. De Yurre: I'll move.
Mayor Suarez: So moved.
Mr. Dawkins (Off mike): Second.
Mrs. Kennedy: Second.
30 December 10, 1987
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 87-1104
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
BETWEEN THE CITY AND ZAMINCO INTERNATIONAL, INC., FOR
THE PROVISION OF UP TO FIVE MILLION FOUR HUNDRED
THOUSAND DOLLARS ($5,400,000) IN COMMUNITY DEVELOPMENT
BLOCK GRANT FLOAT FUNDS, IN THE FORM OF A LOAN FOR A
TWO (2) YEAR PERIOD AT ONE PERCENT (1%), FOR THE
RESTORATION OF THE BUILDING CALLED FREEDOM TOWER
LOCATED AT 602 BISCAYNE BOULEVARD.
(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.
11. APPROVE REVOLVING CREDIT LOAN AGREEMENT BETWEEN MIAMI
TELECOMMUNICATIONS, INC. AND THE PROVIDENT NATIONAL BANK FOR THE
EXPANSION AND UPGRADING OF CABLE TELEVISION FACILITIES. (SEE LABEL 50)
Mayor Suarez: Thirteen, Commissioner Dawkins.
Mr. Dawkins: Would somebody in my office bring me that package I had on
thirteen 'I had you to recopy. I've got some concerns, where is the people
from - now, the last owner made a tremendous amount of promises that they did
not keep. This cable contract has caused every Commissioner up here many
sleepless nights. People complaining about service, no service, high cost and
etc. Now, since this company took over in June, the complaints almost
tripled. Now, I don't know if that was because of the transition in ownership
or what but I have some concerns that I want incorporated here prior to our
approving. I have no problems with this but it's just that I'm trying to
ensure the citizenry that we will have a cable company that will provide a
cable service that it promised. Pardon me one minute.
Mayor Suarez: Well, we can ask... we can ask about this, I think a...
Mr. Plummer: I got to laugh, Miller, if you look at that chart that they
have.
Mr. Dawkins: Yes.
Mr. Plummer: OK? That chart says Hermanowski wasn't as bad a guy as we
thought.
Mr. Dawkins: No, he wasn't, as bad as he was.
Mr. Plummer: Unbelievable.
Mayor Suarez: Why does the Commission need to approve a loan between TCI and,
presumably, a private bank?
31 December 10, 1987
Mr. Dawkins: They can't do anything unless ---------
Mayor Suarez: Is that because of the initial contract?
Mr. Dawkins (Off mike): Yes, uh huh.
Mr. Richard Weiss: Your, your cable...
Mr. Dawkins: I'll give you that. I'll move 13 with the provision that they
accept my complaints.
Mr. Plummer: Your what?
Mr. Dawkins: My complaints and -----
Mayor Suarez: That they address all the complaints raised by Commissioner
Dawkins. Do you have those in writing?
Mrs. Kennedy: Second.
Mr. Dawkins: Yes, uh huh, I'm trying to get it out of my office but I don't
want to hold up the agenda.
Mayor Suarez: OK, so moved and seconded.
Mr. Plummer: Well, wait a minute, let me add to that.
Mayor Suarez: Commissioner Plummer.
Mr. Dawkins (Off mike): Tell Angela that package I told her to copy and make
the 15 copies. Tell her to bring that to me immediately.
Mr. Plummer: And, also, the department has two recommendations which I
understand they have agreed upon. Is that correct? You said you'd submitted
them to the company and they had agreed on those two points that you made.
Ms. Sue Smoller: Commissioner Plummer, they were not - this is Mary Sue
Smoller, Cable Communications Administrator for the City. Commissioner
Plummer, sir, they were not submitted to the company because they're being
proposed as standards and as such do not need the company's approval to be
adopted by the Commission. However, sir, they were discussed briefly this
morning and I do believe, sir, that the standards that are required are those
already within what the cable company wants to achieve to improve its service
to its customers.
Mr. Plummer: Let me try to make it more brief and more definitive. My
question to you this morning was, had you discussed these issues with the
company and were both parties in agreement, you and the company, and your
answer was yes. And if that's the case, there's nothing to be argued about
now. The company's standing there shaking their heads saying no.
Richard Weiss, Esq.: My name is Richard Weiss, Fine Jacobson, representing
— TCI. First of all, as to Commissioner Dawkins', comments. I want to tell you
on behalf of our firm, that if TCI doesn't live up to its commitments, we're
not going to be representing them any more and I'm not going to come here and
ask you for things if they're not living up to their commitments. We won't do
it. As to the staff request, we'd be glad to discuss those things with her
and go over them. One of them has to do with no shows on installation and
we'd be glad to discuss that with you and agree to something but we haven't
discussed it with them except for very briefly this morning. Commissioner, I
mean, Mayor Suarez, under your cable TV ordinance, any financing has to be
approved by the City Commission.
Mayor Suarez: My next question was going to be, subject to what discretionary
acts on the part of the City. In other words, what discretion do we have to
approve or not approve it so that I knew that we're not here just in a
exercise...
Mr. Weiss: I know that the City Attorney has reviewed this and is comfortable
with it and that Sue Smoller has reviewed it and is comfortable.
32 December 10, 1987
Mayor Suarez: I just want to make sure that we fulfill our obligation to the
citizens of Miami.
Ms. Smoller: Mr. Mayor, the company submits as its reason for requesting an
approval that it wishes to use the funds, apply the funds to improve service
to its subscribers and to expand and extend the system. We definitely urge
that you approve this, however, what we believe and through our discussions
with some of the Commissioners, feel would be very desirable is to set service
standards. Those can be set by the Commission through a resolution under
section 701.a of the cable license ordinance without the agreement of the
company. Because what that does is set a quantitative measure, for example,
one of the major problems is that citizens and subscribers can't get through
to the cable company on the telephone. The standard that we think addresses
that problem is that 95% of all customer service and repair calls should be
answered within two minutes by a human voice on a 24-hour, seven day a week
basis. Now, I understand that the cable company is going to put in a new
telephone system, that's super and it should very well be able to handle this.
What this says is, let's set a goal that we can quantify so it's objective and
not a matter of subjectiveness.
Mayor Suarez: How about that, Counselor or Commissioner Dawkins, do you
want...
Mr. Plummer: Well you see, wait a minute, Mr. Mayor, I got a problem, Sue. I
asked you a very pointed question this morning and I got a very pointed
answer. And for that reason I didn't go into it any deeper. I asked you a
simple question, were you and the company in accord. Your answer was yes and
I said to you, fine, go away. Now, I'm finding out that that's not the case
and that bothers me, I'm not speaking to the issue at this point. _
Ms. Smoller: Yes. Commissioner, this bothers me too because when I addressed
you I did believe that we were in agreement.
Mr. Weiss: The first time we heard about this, Commissioner, was this
morning...
Ms. Smoller: That's correct.
Mr. Weiss: ... we're glad to - it's a several page single spaced document.
The first time we saw it was this morning as I understand from my client and
we're glad to go over it and look at it and bring it back later this afternoon
or at the next agenda. We just haven't had a chance to look at it.
Mr. Dawkins: Well, in the event that you do, when I say you, I'm talking
about the company, you do reduce the complaints, then there will be no need
for greater answering services.
Mr. Plummer: (Off Microphone) No, because this is reasonable. It's
reasonable but it's just the idea that I understood it was agreed upon by both
parties.
Mr. Weiss: We hope...
Mr. Dawkins: I mean, hopefully, now.
Mr. Weiss: In addition to the fact that we're installing a new phone system.
Mr. Odio: Could we approve this subject to the incorporation of what we
require which is reasonable and if we don't agree, then we'll bring it back,
but...
Mr. Plummer: That's the way to handle it.
Mr. Weiss: That's fine. If we can agree on it, that's fine. If not, we'll
bring it back.
Mr. Odio: Because I also understood that we had an agreement and that's
why...
Mayor Suarez: And now, your suggestion on quantification sounds reasonable
but it may or may not be in view of industry standards, etc. I'll entertain a
motion to that effect.
33 December 10, 1987
Mr. Plummer: I will move it subject to the further successful negotiations
between the administration and the company.
Mr. Dawkins: 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. 87-1105
A RESOLUTION APPROVING THE REVOLVING CREDIT LOAN AGREEMENT
BETWEEN MIAMI TELECOMMUNICATIONS, INC. AND PROVIDENT
NATIONAL BANK, IN SUBSTANTIALLY THE FORM ATTACHED, FOR THE
PURPOSES OF EXPANDING AND UPGRADING CABLE TELEVISION
FACILITIES TO BETTER SERVE THE CITIZENS 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 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
Mr. Weiss: Thank you.
------------------------------------------------------------------------------
12. A. AUTHORIZE MANAGER TO UTILIZE $30,000 PREVIOUSLY APPROPRIATED FOR
LITTLE HAITI COMMERCIAL GATEWAY PROJECT, TO BE REALLOCATED TO THE
CARIBBEAN MARKETPLACE PROJECT.
B. AUTHORIZE MANAGER TO UTILIZE $30,000 PREVIOUSLY ALLOCATED TO
EDISON/LITTLE RIVER COMMERCIAL FACADE PROGRAM TO BE REALLOCATED TO
CARIBBEAN MARKETPLACE PROJECT.
C. AUTHORIZE AGREEMENT WITH HAITIAN TASK FORCE, INC. - GRANT $60,000 FOR
THE CARIBBEAN MARKETPLACE PROJECT; EXTEND CITY'S LOAN COMMITMENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 14, is it?
Mr. Dawkins: I pulled 14 and I have the same concern. The $30,000 that you
took from where here now?
Mayor Suarez: Twelfth year community development block grants.
Mr. Frank Castaneda: Right.
Mr. Dawkins: Uh huh.
Mayor Suarez: These are economic development block grant monies?
Mr. Castaneda: Yes.
Mr. Odio: This is - this one is...
Mr. Dawkins: You took $30,000 from the what program? Commercial what?
Mr. Castaneda: What we did, Commissioners, that they are somewhat short of
money, what we did was there were two allocations to the Little Haiti area.
One was $30,000 for commercial facade which they had not used.
34 December 10, 1987
a
Mr. Dawkins: OK, you removed that, right?
Mr. Castaneda: Right and we said, let's put it into this project and they
also had...
Mr. Dawkins: Now, all the buildings that need painting and facelifting, what
are we going to do?
Mr. Castaneda: No, they still have money. What basically has happened is
that they have not been moving the paint program to the Little Haiti area
except for that shopping center that was done and then, for that matter,
received national award.
Mr. Dawkins: How much money did they have for the painting of the front of
the buildings and what have you?
Mr. Castaneda: I believe that they have about $60,000-$70,000 there.
Mr. Dawkins: Sixty? Then you're just taking half of it.
Mr. Castaneda: Right.
Mr. Dawkins: OK, no problem, move it.
Mr. Plummer: Well, wait a minute, there is a problem. Do you know why the
program is not proceeding? It's a good reason and it's bureaucracy one more
time. And the problem with the program is that in the previous days, they
would go to a building owner and he could approve the uplifting. Somehow or
another, it all got changed and now it is required that each individual store
has to be obligated. Is that correct? And the question is, not the question,
the statement is, the minute that that change took place, there was no more
program.
Mr. Castaneda: It is a complicated issue, Commissioner. What you're making
references to...
Mr. Plummer: The complication, obviously, is there because the program has
not gone forward. It has almost completely stopped. Am I correct?
Mr. Castaneda: It has slowed down and then...
Mr. Plummer: Slowed down.
Mr. Castaneda: Yes, but part of the reason is not ours, is the federal
government. Basically, they are saying that a store front by itself is not
sufficient to - what we were saying was that if you had a three store fronts
and we gave you $2,000 per store front, that was $6,000, and did not violate
the Davis -Bacon Act which has a cap of $2,000. What HUD has said is if it is
the same owner, and he still has three store fronts, you can still only give
him $2,000 so it has excluded a lot of people from participating.
Mr. Plummer: That's right and all those people you've excluded have been
calling this Commission. OK. So, I just wanted the Commission to know why
the program had slowed down and what you're telling me is what I'm going to
tell the people that it was not a regulation of the City, it was a regulation
of the federal government and that's why the program is floundering. OK.
Mr. Castaneda: One of these things that there is legislation up in Washington
right now to try to, you know, raise the ceiling on Davis -Bacon from $2,000
to - there are a couple for half a million, others for ten thousand, others
for fifty thousand.
Mr. Plummer: Miller, you pulled it, you move it?
Mr. Dawkins: Which one?
Mr. Plummer: The fourteen.
Mayor Suarez: Fourteen.
Mr. Dawkins: Yes, move it.
35 December 10, 1987
Mayor Suarez: Moved.
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. 87-1106
A RESOLUTION AUTHORIZING THE CITY MANAGER TO UTILIZE
THIRTY THOUSAND DOLLARS ($30,000) OF ELEVENTH (11TH)
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
PREVIOUSLY APPROPRIATED BY RESOLUTION NO. 85-457 AND
ORDINANCE NO. 9991, FOR THE LITTLE HAITI COMMERCIAL
GATEWAY PROJECT, TO BE REALLOCATED TO THE CARIBBEAN
MARKETPLACE PROJECT; FURTHER AUTHORIZING THE CITY
MANAGER TO UTILIZE THIRTY THOUSAND DOLLARS ($30,000)
OF TWELFTH (12TH) YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, PREVIOUSLY ALLOCATED BY RESOLUTION NO.
86-296 AND ORDINANCE NO. 10112 TO THE EDISON/LITTLE
RIVER COMMERCIAL FACADE PROGRAM TO BE REALLOCATED TO
THE CARIBBEAN TO THE CARIBBEAN MARKETPLACE PROJECT;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE HAITIAN TASK FORCE, INC. FOR THE
PURPOSE OF PROVIDING SIXTY THOUSAND DOLLARS ($60,000)
FROM SAID ALLOCATIONS, IN THE FORM OF A GRANT, FOR THE
CARIBBEAN MARKETPLACE PROJECT; AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXTEND THE CITY'S ONE HUNDRED
FIFTY THOUSAND DOLLARS ($150,000) LOAN COMMITMENT TO
FEBRUARY 15, 1988.
(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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
------------------------------------------------------------------------------
13. ALLOCATE $173,000 FROM THE EMERGENCY SHELTER GRANT PREVIOUSLY
APPROPRIATED TO CHRISTIAN COMMUNITY SERVICE AGENCY, INC. - ESTABLISH
SHELTER FOR HOMELESS FAMILIES; AUTHORIZE AGREEMENT WITH SAID AGENCY.
(SEE LABEL 15)
------------------------------------------------------------------------------
Mayor Suarez: Item 15, Commissioner Dawkins.
= Mr. Dawkins: I pulled 15 because I must say now as I said before, I have no
- problems with the accepting the money and giving it to Dade County. I have a
problem with accepting the money and we providing the services and that's all
and that's why I pulled it.
Mr. Plummer: No, and, you know, I don't want to go into a long tirade but the
minute you accept this money, you're going to accept full blame for all the
homeless which is totally the responsibility of Dade County under the Welfare
Department which we gave to them. They are giving you, for 8,000 homeless
36 December 10, 1987
people, they are giving you now $173,000 which we're going to burn up a lot of
administrative cost where the County already has it in place and we are just _
spinning our wheels and we are going to be legitimately criticized that we
have money from the fed... the federal government's going to take an attitude,
we gave the City money to address the problem - they gave you a pittance for
8,000 homeless people. It's going to cause you criticism, it's going to cause
you problems. Yet, we're being told we can't give it to the proper authority _
to administer.
Mayor Suarez: We can't be criticized any more than we are.
Mr. Dawkins: We can't give this to the County? —
Mr. Plummer: Well, they're telling us we can't give the money to the County.
Mr. Dawkins: Well, OK, well I've made my statement - go ahead, I'm sorry, Mr.
Mayor.
Mayor Suarez: We can't be criticized any more than we are nationally, locally
for not doing anything about the problem of the homeless. I understand the _
concern of the Commissioners but I really believe that every little bit helps
including this amount of money and we have a worthy organization willing to do
this and it's going to impact on the problem and the problem's not going away
through the efforts of the county, federal government, and state so we have a _
responsibility to at least try to tackle it.
Mr. Plummer: Mr. Mayor, a question.
Mayor Suarez: But I understand your concerns.
Mr. Plummer: No, let me give you another concern. What happens when this
grant runs out and these people then don't have a place to go, where...
Mayor Suarez: We have clarified to them that this is for the improvements to the building and that we're not going to be in any way providing ongoing -
financing. They're adults, they understand, they hear or see, understand the _
language and that's the best we can do.
Mrs. Kennedy: Besides, the homeless are on our streets and it reflects very
badly on the whole City.
Mr. Plummer: Well, we're making a mistake by not going and demanding of Dade
County that they take care of the welfare program. That's where the mistake
is being made.
Mayor Suarez: Well, there is one other thing on that, Commissioner, a lot of
times, by sheer bureaucracy and I think the Manager's very aware of this, the
federal government allocates a certain amount to the County for whatever
purpose and a certain amount to the City. If we start clarifying to the
federal government that they're really kind of duplicating efforts because we
have overlapping jurisdiction geographically although I understand that we
don't in the area of social services, we end up getting less, and we really
ought to grab whatever we can if we want to tackle the problem. Although I
understand that at the same time we want it clarified this is not our - we're
not the primary jurisdiction in charge of social services. We're just trying
to do the best we can passing on to a nonprofit agency these monies in the
hope that they can tackle the problem and begin to have an impact on it.
Mrs. Kennedy: And let the record reflect also that the shelter will accept
families with children.
Mr. Plummer: Well, my understanding these monies are only for the purposes of
rehabbing the facility. That's all these monies are for, correct?
Mayor Suarez: Right.
Mr. Odio: Yes.
Mayor Suarez: Right. I'll entertain a motion on item 15.
Mrs, Kennedy: I move it.
37 December 10, 1987
Mayor Suarez: Moved. I second it.
Mr. Plummer: Motion made, duly seconded, fully understood. Any further
discussion? Hearing none, call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1107
A RESOLUTION ALLOCATING $173,000 FROM THE FY '87 EMERGENCY
SHELTER GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND -
URBAN DEVELOPMENT, PREVIOUSLY APPROPRIATED BY ORDINANCE
NO. 10349, TO CHRISTIAN COMMUNITY SERVICE AGENCY, INC., TO
ESTABLISH A SHELTER FOR HOMELESS FAMILIES; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH
SAID AGENCY FOR SAID PURPOSE, 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.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
------------------------------------------------------------------------------
14. CONTINUED DISCUSSION: FUNDING TO CAREY TECHNICAL INSTITUTE, INC. - FUND
INSTITUTE BY RESCINDING PRIOR ALLOCATION TO ST. ALBAN'S DAY NURSERY,
INC. (SEE LABEL 3)
Mr. Odio: Commissioner Dawkins. If I may, Mr. Mayor, we have the information
for you on Carey Institute. Francena can tell you who is assigned to that
program.
Mr. Dawkins: Not Carrie Meek, the senate - that's Carey Tech...
Ms. Francena Brooks: Carey Technical, right.
Mr. Dawkins: ... and all you think Barbara Carey there, but it's Carey Tech,
not Carrie Meek Tech Tech.
Mrs. Kennedy: A Carey is a Carey is a Carey.
Mr. Dawkins: OK, go right ahead, Mrs. Brooks.
Ms. Brooks: After the last Commission meeting, we met with representatives
from Carey Technical, Joaquin Obeso and Ivan Curiel, and discussed with them
what their needs are and how we can help them address that because your
directive was for us to place a full time staff person there until they could
attract other funds. We talked with them and agreed to place a staff person
full time. As it turns out, they are actually in the process of gearing up
for the term that begins in January. So, at this time, we're assisting them
with actual recruitment through doing some public service spots for them and
referring persons that come to the Jobs Program Office that need training to
their training and have agreed to work with them on placing and following up
with any graduates that have been in the program previous to now. They were,
you know, very pleased with the arrangement. We will have an individual there
full time, a vocational counselor initially and then the actual jobs
development persons to work with them. One other point that we did follow up
on too was regarding the Project Independence Program through the State of
38 December 10, 1987
Florida which, it turns out, is a special initiative that the Governor
instituted and there are not any new dollars. There are no cash dollars
available through that particular program. I'm not sure if that's what you
had had in mind or whether you had in mind to approach the Secretary's
discretionary fund.
Mr. Dawkins: Mr. Castaneda, everytime something happens you usually have a
pot of money that's called contingency reserve or money that was not spent or
money that an agency did not use or something. What's in that pot now?
Ms. Brooks (Off mike): It's empty.
Mr. Castaneda: The problem is, the...
Mr. Dawkins: What's in the pot, then tell me the problem. Don't tell me the
problem prior to telling me what's in the pot, sir, please.
Mr. Castaneda: OK, the issue is that this qualifies as a social service
program and the fifty...
Mr. Plummer: Did you hear the question?
Mr. Dawkins: What do you have in the social service program pot?
Mr. Odio: The answer is, Commissioner, zero.
Mr. Castaneda: Zero.
Mr. Odio: Zero.
Mr. Plummer: See how easy that was.
Mr. Dawkins: OK, all right, what social agencies do you have funded that have
not used their money?
Mr. Castaneda: Well, they're all under contract and they have a year until
June 30th to expend, except one.
Mr. Dawkins: You know from monitoring the programs whether they're going to
exceed or not exceed their present budget. So now, what does it look like?
Ms. Brooks: At this point, it appears that all of them, with the exception of
one agency will spend all of their money.
Mr. Dawkins: And what agency is that, Mrs. Brooks?
Ms. Brooks: St. Alban's Day Care.
Mr. Dawkins: Uh huh, St. Al...
Ms. Brooks: Yes, and what is...
Mr. Dawkins: Well, why aren't they spending their money?
Ms. Brooks: They have not entered the actual agreement with us yet.
Mr. Dawkins: Why?
Ms. Brooks: Well, they're really deciding whether they're going to enter it
because they've had problems meeting our insurance requirements.
Mr. Dawkins: And how much money is that?
Ms. Brooks: Their allocation was around, I believe it was around $23,000. I
would have to check it specifically.
Mr. Dawkins: OK, I make a motion that we give Carey Tech the $23,000 and when
you work out the agreement with St. Alban's Day Care Center, we'll find the
money somewhere for them.
Ms. Brooks: OK.
39 December 10, 1987
7
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-1108
A MOTION AMENDING SECTION 1 OF RESOLUTION 87-560,
ADOPTED JUNE 11, 1987, WHICH ALLOCATED $1,791,000 OF
THIRTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10287,
ADOPTED JUNE 11, 1987, TO APPROVED SOCIAL SERVICE
AGENCIES, BY RESCINDING THE ALLOCATION OF $23,000 TO
ST. ALBAN'S DAY NURSERY, INC. AND REALLOCATING THE
AFOREMENTIONED $23,000 TO CAREY TECHNICAL INSTITUTE,
INC.; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER
INTO AGREEMENT WITH CAREY TECHNICAL INSTITUTE, INC.,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
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.
------------------------------------------------------------------------------
15. BRIEF CLARIFICATION COMMENTS REGARDING AGENDA #15 (ESTABLISHMENT OF A
SHELTER FOR HOMELESS FAMILIES THROUGH AGREEMENT WITH CHRISTIAN COMMUNITY
SERVICE AGENCY, INC.). (SEE LABEL 13)
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, for the record, I want to go back and correct the
administration or have them correct me. I want to go back to item 15. If I'm
to be corrected, I'll be glad to. You said that the $173,000 was rehabbing
the facility.
Ms. Brooks: Yes, ah...
Mr. Plummer: That is not what the backup material states.
Ms. Brooks: OK, it's for rehab and operational costs, but...
Mr. Plummer: And food.
Ms. Brooks: No, no, no, no, no. You...
Mr. Dawkins: The $30,000 was for the food.
Ms. Brooks: $30,000 was allocated at the last meeting to social action of
Little Havana for the food distribution program.
Mr. Plummer: The only amount, as I'm reading from your material, for the
rehabbing of the shelter is 143.
Ms. Brooks: Right, and...
Mr. Plummer: OK, I just want to correct it, the Mayor made a statement that
you said was correct...
Ms. Brooks: No, that's true, yes...
40 December 10, 1987
Mr. Plummer: ... that a $173,000, all of it was doing nothing more than
rehabbing the building.
Mr. Odio: No, but there's $30,000 for the operation of...
Ms. Brooks: Yes, 30, yes...
Mr. Plummer: Mr. Manager...
Mr. Odio: I'm sorry, sir, it says here in paragraph 2, "operating expenses
for the family shelter, a total of $30,000 is included in the application to
supplement operating expenses of the family shelter."
Mr. Plummer: Mr. Manager, the statement was made that $173,000...
Mr. Odio: OK.
Mr. Plummer: ... was going to rehab the building.
Mr. Dawkins: Only, only.
Mr. Odio: We stand corrected.
Ms. Brooks: Yes.
Mr. Plummer: That is not a correct statement.
Mr. Odio: We stand corrected if that statement was made, it's 143 for the
rehab and $30,000 for the operation of the...
Mr. Plummer: Just to clear the record, thank you, sir.
Mr. Odio: It's clear, the record.
------------------------------------------------------------------------------
16. PRESENTATION OF GOLF TOURNAMENT TROPHY (REV. T.R. GIBSON MEMORIAL FUND).
1. Presentation: The Mayor's Cup Trophy presented to Mayor Suarez in
_ recognition of the City of Miami golf team winning the Second Annual
Theodore Gibson Unity Golf Tournament in January, 1987. Presentation was
made by Frank Cobo and Charlie DeLuca.
2. Presentation: Frank Cobo presented a Certificate of Recognition to
Commissioner Dawkins for his outstanding service to the Theodore Gibson
Memorial Fund.
------------------------------------------------------------------------------
17. DISCUSSION AND DEFERRAL OF PROPOSED ACCEPTANCE OF A $4,650,000 HOUSING
DEVELOPMENT GRANT PROGRAM FOR DEVELOPMENT OF A 125 UNIT RENTAL HOUSING
DEVELOPMENT (DEFERRED FOR FURTHER INFORMATION, TO THE MEETING OF JANUARY
14)
Mayor Suarez: Item 20, Commissioner Dawkins.
Mr. Dawkins (Off mike): Twenty, did I, OK. The only thing I have on item 20
is, I'm going to say it this time, Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Dawkins: ... there are other areas in the City of Miami that we can use
HODAG grants on and Urban Development grants, OK? The last four grants that
you have applied for have been in the same general area. Now you've got
another one in that area, OK?
41 December 10, 1987
Mr. Odio (Off mike): Which item is this? 4
Mr. Plummer: Twenty.
Mr. Dawkins: Now, don't bring any HODAG or UDAG grants up here at the last
minute, telling me that we got to apply for this money or lose it. At the
first meeting in February, I want you to have identified HBOs, CBOs and
anything else interested in HODAG and UDAG grants and tell me how you're
working with them to help them fill out their application to be eligible for
these funds because I am not going to allow you guys to come here at the last
minute and tell me that we need housing desperately and etc. and if we don't
apply for this money, we're going to miss it. Now, you've got from now until
February to go out there and find the agencies that are interested in applying
for HODAG grants and UDAG grants. I move the item.
Mr. Plummer: Well, wait a minute, let me ask a question. Who is the
developer on this?
Mr. Jerry Gereaux: The developer is a limited partnership, Mr... _
Mr. Dawkins: Design Management Associates.
Mr. Gereaux: Right.
Mr. Odio: Right. _
Mr. Plummer: Who?
Mr. Gereaux: Mr. Bigelman is here.
Mr. Dawkins: Design Management Seventh Associates. Who is that?
Mr. Plummer: Who are they?
Mr. Gereaux: Mr. Israel Bigelman is one of the principals and...
Mr. Dawkins: Who?
Mr. Plummer: Who?
Mr. Gereaux: ... he is here.
Mr. Israel Bigelman: Commissioners, my name is Israel Bigelman and I'm a
principal with the Design Management Investments which is the owner of the
project and we are working together with the City of Miami and we won this
grant - it's the first time the City of Miami has won a housing development
grant in a national competition. The project was rated number four in the
entire nation. It's a very much needed project for the area and we are
planning on doing it a place where the resident will be a - a place of choice,
not of necessity one make this a model project, not only for the City of Miami
but for the whole nation.
Mr. Dawkins: How many UDAG or HODAG grants has Design Management Seventh
Associations got?
Mr. Bigelman: This is the first one we've gotten.
Mr. Dawkins: The first one. How many HODAG and UDAG grants, Mr. Gereaux, has
the City of Miami issued out?
Mr. Gereaux: Mr. Commissioner, Mr. Castaneda of CD will have to answer the
questions on the UDAG. I can speak, though, for one. It was the first UDAG
the City got which was a second mortgage program and, indeed, one of the first
ones in the country and it was implemented in Overtown. It involved UDAG for
$1,000,000 and we financed 47 single family low income home purchasers through
_ that one. But Mr. Castaneda might want to speak to the UDAGs which are
commercial projects.
Mr. Dawkins: No, no, I've made my point, I'm finished. I move the item.
Mayor Suarez: So moved.
42 December 10, 1987
Mr. Plummer: No, question.
Mr. Dawkins: Go ahead, J.L.
Mr. Plummer: This is a grant or is this, in fact, low interest loan?
Mr. Gereaux: This is a low interest, very liberal loan to make the project
work to get the unit rents, if you will, down so lower income people needing
congregate care can afford to live there.
Mr. Dawkins: Hold it, hold it, hold it, hold it.
Mr. Plummer: Does this money come back to the City?
Mr. Gereaux: It comes back. It comes back. A portion...
Mr. Dawkins: Well, how generous is it?
Mr. Plummer: How liberal?
Mr. Gereaux: OK.
Mr. Dawkins: That's generous.
Mr. Gereaux: All right. I have my accountant here and I'd like let him
explain to you what the terms of the .loan are.
Mr. Dawkins: Your accountant? Where's the City's accountant? Why you got to
have a personal accountant?
Mr. Gereaux: He's not my personal accountant.
Mr. Dawkins: OK.
Mr. Gereaux: The City's accountant, I apologize, Commissioner.
Mr. Dawkins: OK, thank you.
Mr. Paul Eisenhart: My name is Paul Eisenhart, I'm a housing specialist in
the Housing Conservation and Development Agency and I helped prepare the HODAG
application. The definition in the reg...
Mr. Dawkins: How generous is it?
Mr. Eisenhart: According to the definition, a loan is 51% payback of the
total monies received.
Mr. Dawkins: So we've given him 49% of the loan. That's how generous we are.
Mr. Eisenhart: That's correct, of federal funds.
Mr. Dawkins: Federal funds are my tax dollars.
Mr. Eisenhart: That's correct.
Mr. Dawkins: I pay income tax on the 15th of March every year so, I mean, the
federal dollar doesn't mean a thing to me, that's my money. OK?
Mr. Plummer: What - in other words you're giving...
Mr. Dawkins: I mean, so why are you giving him 49%?
Mr. Eisenhart: Because that is the definition of the loan and a grant...
Mr. Dawkins: And that brings the rent down to what?
Mr. Eisenhart: Approximately about $91.00 a unit.
Mr. Dawkins: $91.00 a month.
Mr. Eisenhart: Yes, sir.
43 December 10, 1987
Mr. Dawkins: On what kind of bedroom unit?
Mr. Eisenhart: If. you've ever been in a college dormitory, it' a situation
like that.
Mr. Dawkins: Now wait, now wait, now wait, now wait... I did go to college
and it was a black school but we did have a dormitory.
Mr. Eisenhart: OK.
Mr. Dawkins: So I am aware of what dormitories look like, OK?
Mr. Gereaux: Commissioner.
Mr. Dawkins: So you don't have to go through that. All right? OK now.
Mr. Plummer: What's the square footage?
Mr. Bigelman: The units are three and four bedroom units and each resident...
Mr. Dawkins: And you're going to rent them for ninety-one... and the three _
bedroom unit will go for $91.00.
Mr. Bigelman: Each resident will have their own individual rooms and...
Mr. Dawkins: How many residents in a three bedroom unit? You see...
Mr. Bigelman: On a three bedroom unit, there will be either three, four, or
five residents depending on...
Mr. Dawkins: And each resident paying $100.00, then the units are not renting
for no $91.00. The units are renting for $500.00 a month.
Mr. Bigelman: Well, Commissioner, there's no other type of facility for these
type of people, you know, when they're going...
Mr. Dawkins: But you have come up here, sir, with a farce that I see when you
tell me that you're going to rent a unit for $91.00 and you're actually
getting $400.00 out of the unit and we've given you half of the money. Now
how do you do that, Jerry?
Mr. Gereaux: Commissioner, I can get into all the details of how it works and
I know you don't want to do that, but here...
Mr. Dawkins: Well, defer it till we get to that. Bring it back and then
clear it up. I defer this. You already got the money, sir? The money's
already in our hands?
Mr. Gereaux: Yes, it is.
Mr. Dawkins: All right, defer this until I get an understanding of what we're
doing at the next meeting. I defer this until the first meeting in January
and then you all can sit down and explain this to me.
Mr. Plummer: Second the motion.
Mayor Suarez: We have a motion and a second. This is on item...
Mr. Dawkins: You've already accepted the money, is that right?
Mr. Plummer: They money's in the bank.
Mr. Dawkins: All right, good, and defer it until I can get an understanding
on what we're doing, please.
Mr. Plummer: Excuse me, well, wait a minute now, he's shaking his head no,
the money...
Mrs. Kennedy (Off mike): Yes, what is it?
44 December 10, 1987
Mayor Suarez: I have a motion and a second and I want to find out what effect
it's going to have.
Mr. Eisenhart: If we defer the motion, the project will be delayed for at
least a month. The money is not in the City of Miami's hands. We have...
Mr. Dawkins: The project will be delayed, sir, or the money will be lost?
What are you saying to me?
Mr. Eisenhart: The project will be delayed and...
Mr. Dawkins: But the money will not be lost, is that correct?
Mr. Eisenhart: I cannot say that for certain. We're required to start the
project within twenty-four months and any delay could be crucial.
Mr. Dawkins: Well, then... _
Mrs. Kennedy: Miller, would you like to defer it until the afternoon?
Mayor Suarez: Do you want to table it until the afternoon...
Mr. Dawkins: No, you see, this is what happens, like this is what I just said
when I opened up my statement. All these things come before the Commission at
the last minute and then somebody tells you because we do not do A and B, you
lose C.
Mr. Odio: Commissioner, may I suggest that we pass this and if you're not
satisfied with the answers that you get, that we will hold the issuance of
these monies until we come back here.
Mr. Dawkins: Only if the gentleman from Design Management Seven Associates
will tell us under oath that he will not hold us liable for anything he may
lose in this process. Now, if he tells me he's going to sue us, no.
Mr. Plummer: Well, let me tell you the other way to handle it.
Mr. Gereaux: Those are the grant terms.
Mr. Plummer: The other way to handle it is approve it, if any one
Commissioner objects within seven days, then it would be carried over
automatically to January. If there's no objections...
Mr. Dawkins: I'm going to Las Vegas, I won't be back for seven days.
Mr. Plummer: Fourteen days.
Mayor Suarez: We were just concerned, Commissioner, in the last statement you
made about a hold harmless, is that... isn't that provided -----
Mr. Dawkins: Look, I've made my motion. Now whether it pa... Hold it, hold
it. I've made my motion. If it doesn't pass, I don't have no problems with
it. But I'm not going to let people sit up here and juggle my motion around
so that they can vote for it, OK? Now my motion is to defer this until
January 14th so that I am comfortable with it. If everybody else is
_ comfortable with it, then vote for it, that's no problem.
Mayor Suarez: The reason I'm asking is that a couple of minutes ago,
Commissioner Dawkins indicated he would vote for it and so I didn't really
hear all of the objections that he was raising. What if - well, I would
approve it so I'm going to vote against the motion. Any further discussion
from the Commission?
Mr. Dawkins: The motion was seconded yet so it's not even a motion.
Mr. Plummer: I seconded the motion.
Mr. Dawkins: Oh, that's it.
Mayor Suarez: Yes, it was seconded.
Mr. Dawkins: All right.
45 December 10, 1987
Mayor Suarez: Any further discussion from the Commission on deferring this
item? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-1109
A MOTION DEFERRING CONSIDERATION OF ACCEPTANCE OF A -
$4,650,000 HOUSING DEVELOPMENT GRANT PROGRAM TO DEVELOP
125 UNIT RENTAL HOUSING DEVELOPMENT TO THE CITY COMMISSION
MEETING PRESENTLY SCHEDULED FOR JANUARY 14, 1988 IN ORDER
THAT THE COMMISSION MAY BE PROVIDED WITH FURTHER
INFORMATION ON THIS ISSUE.
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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mrs. Kennedy: I know how I'm going to vote when it comes up but because _
Commissioner Dawkins asked to be deferred, I vote yes.
COMMENTS AFTER ROLL CALL:
Mr. Plummer: See you on the 14th.
18. CONTINUED DISCUSSION: CLARIFYING COMMENTS ON PREVIOUSLY PASSED AGENDA
ITEM 21 REGARDING ACQUISITION OF REAL PROPERTY IN THE OVERTOWN COMMUNITY
DEVELOPMENT TARGET AREA. (SEE LABEL 2)
Mayor Suarez: Item - the next one that was pulled.
Mr. Dawkins: On item 21, I pulled 21 too.
Mayor Suarez: Twenty-one.
Mr. Dawkins: Who's going to get this land, once we buy it, to build houses
on? Coming right back, another one of these sweetheart deals?
Mr. Jerry Gereaux: This piece of property was the discussion about eight
months ago before the Commission when the St. John's Development Corporation
appeared before you and asked for your consideration in designating these two
sites as development sites for non profit housing that they would build there
in the Overtown neighborhood. This property is going to be, if the Commission
approves this, acquired and what we are proposing to do is put our request for
proposals for development of housing on the site and we're going to weigh the
criteria so that the neighborhood non profits, which are starting to get into
the housing development business now in a fairly big way, will have the
opportunity to participate in the process all of the things, you know, being
equal.
Mr. Plummer: Who will own the property?
Mr. Gereaux: The property would be conveyed by the City to the neighborhood
non profit at a price to be determined by the Commission. I'm sure that would
be subject to real property appraisals.
46 December 10, 1987
3
Mr. Plummer: But is it going to be at least the amount of what the City paid?
Mr. Gereaux: Yes, that can happen and it all depends on what the proposals
that come in to make the deal work are, but that's certainly the Commission's
prerogative. You know, within...
Mr. Plummer: See, my problem is buying property anywhere and turning it over
as, you know, I was startled the other day about the four corners at Douglas
and Grand. Nowhere ever did I hear that this Commission would buy that
property and turn it over to a local development. It would seem foolish to me
that the City would turn it over, we would retain ownership in case the day
ever came we either needed it for a City purpose or, in fact, if it went into
default. Now, I'm at a loss to understand of buying property with City money
and then turning it over free of charge to someone. I've got a problem with
that. You know, the City has either got to have a reverter, they've got to
have some protection.
Mr. herb Bailey: Commissioner, in each one of these cases where we get
property, it is for a City purpose. Sometime the purpose is for more housing
to be built in the neighborhood and areas in which private developers have not
built or the City is not building and we join in with some local group to do
that and our contribution, in a lot of cases, will be the land assembly. And
sometime that land assembly is sold or leased. On the four corners of the
Grove, you did direct us to assemble the land. You did not direct us to make
transfer to anybody for title but we're assembling it for the same purpose.
Mr. Plummer: Let me tell you, the local development group in the Grove are
expecting that land to be conveyed to them free of charge.
Mr. Bailey: That...
Mr. Plummer: They stated it on the record.
Mr. Bailey: Well, at the last Commission Meeting you did not say that. You
told us to appraise the land and to acquire it and to hold it for discussion
for development.
Mr. Plummer: Exactly, but not give it to anybody.
Mr. Bailey: Well, no, we're not doing that.
Mr. Plummer: Well, you see where I have a problem and that's fine, it's a
City purposed to create housing but you're giving this property in some cases,
to a developer who is going to make a profit.
Mr. Bailey: Only non profits. We don't give anything to profit making
developers. We've become a partner and in either case, we either get a lease
amount or we get a fair market value for the land, depending on what this
Commission determines.
Mr. Plummer: We'll watch it.
Mr. Dawkins: Twenty-one was passed...
Mayor Suarez: I think we passed it. Yes, I don't think we ever...
Mr. Dawkins: We passed it, I just wanted to discuss it.
Mr. Odio: Yes, you did. I think you pulled 22.
47 December 10, 1987
19. APPROVE REVISED PROGRAM GUIDELINES AND AUTHORIZE IMPLEMENTATION OF THE
FAMILY RESIDENTIAL REHABILITATION PROGRAM.
-----------------------------------------------------------------------------
Mayor Suarez: Twenty-two was pulled out, so that's the next item.
Mr. Dawkins: I pulled 22.
Mayor Suarez: Item 22.
Mr. Dawkins: You say here that you are revising the rehabilitation program
but you do not insure me that all these costs that you have built in here will
not make the program so that those who need it, cannot afford it. See, like
you say here that the initiation of a program free structure designed to
generate funds which would defray program administrative costs and, thereby, _
maximize the level of program funds available. If you're already paid by the
City, if you didn't have this program, we'd have these people on your staff.
Now why you've got to generate funds from them to defray part of your cost?
Mr. Gereaux: OK, I'd like to explain. First, Commissioner, the first
question you asked was about how much, if the Commission approved this, would
it cost the individual loan recipients. The answer to that is on average,
about $140 and it would be put in with the loan, you know, in the loan
repayment process become part of the loan so it wouldn't be, you know, any
immediate cost to the owner. With respect - or to the applicant - with
respect to your other question, we are dealing in a, yes, a situation here in
Miami where we have tremendous housing rehab needs and we want to do
everything we can possible so the limited amount of money that we have to
spend for loans and administration that more and more of it is spent for loans
and less comes out of that grant for administration, and this is one way to do
that.
Mr. Dawkins: Ok, that brings up another question. Why is it that you always =
want to rehab homes in Overtown, Coconut Grove, Wynwood and Liberty City, but
you go out, just like that grant you just gave way out there in Blue Lagoon
somewhere. And you build a new whole subdivision, but you go back in the
inner-city and all you want to do is rehab, rehab, rehab, why?
Mr. Gereaux: In the inner-city, Commissioner, there is just a great need to
rehab. In our neighborhoods we are 99 percent residentially developed. There
are very few opportunities to do new developments, but we are trying. In
fact, the discussion on the item before, where we were talking about building
new housing in the Overtown area on that land that we are acquiring is an
example of how we are trying to do that.
Mr. Dawkins: And I've said from the beginning up here, and nobody seems to
listen. How many parcels of land on the edge of Overtown Park West is
available? How many parcels, approximately?
Mr. Herbert Bailey: On the parcels going to the north, we have quite a few,
Commissioner...
Mr. Dawkins: OK, all right, but you see...
Mr. Bailey: ... but they are all in private ownership.
Mr. Dawkins: But, you see, it comes back to what I am saying, Mr. Bailey. If
you put, and I am not talking about you, I am talking about the City of
Miami... if the City of Miami puts forth the same effort to develop the inner-
city and that includes Wynwood, Coconut Grove, Little Havana, that it puts
into developing entities like the guy who just came up here, with your UDAG
grant, you would have homes available for a person to move out into that
neighborhood and move into it and not have to move into another neighborhood.
Mr. Bailey: Commissioner, we...
Mr. Dawkins: See, there is no reason in the world, why we should have
displaced all those people in Overtown Park West and not have had houses
48 December 10, 1987
there, if an individual did not want to leave Overtown, he would not have had
to leave Overtown.
Mr. Bailey: Commissioner, we'd be glad to do that. One of the problems
associated with the HODAG and other grants is that we need to have a developer
who comes in as an applicant who has assembled enough land to do that and in
cases where that has not happened, we attempt to do it ourselves, especially _
as you have seen in item number 21, and in every case where we can't find -
somebody, we take the initiative, but the moment someone comes in to us, that
has already assembled the land and can qualify under the HUD guidelines, or
HODAG, in the inner-city, we'd be the first one to help them do that.
Mr. Dawkins: Well, why can't the City of Miami apply?
Mr. Bailey: It can't.
Mr. Dawkins: Why, Mr. Bailey?
Mr. Bailey: The guidelines and the regulations goes to... is gotten by the _
City on behalf of a private developer. They are the guidelines and...
Mr. Dawkins: And now, out of all the people who want to build, and if the
land is made available, none of them would be interested in building in the
inner-city?
Mr. Bailey: We would hope that they would. They just haven't come forth, but
we have had some. We advertise...
Mr. Dawkins: But, they don't have to because we allow them to go... OK, that
is all right, no problem. All right.
Mr. Bailey: ... and when they come, we try to accommodate them. I'd be glad
to have anybody we could get.
Mr. Dawkins: OK, move the item.
Mayor Suarez: Item 22 has been moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Call the roll on 22.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-1110
A RESOLUTION APPROVING REVISED PROGRAM GUIDELINES,
ATTACHED HERETO AND INCORPORATED BY REFERENCE, FOR THE
_ SINGLE FAMILY RESIDENTIAL REHABILITATION PROGRAM, AND
AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PROGRAM
IN ACCORDANCE HEREWITH.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
49 December 10, 1987
20. RECONSIDERATION AND CONTINUANCE OF PREVIOUS VOTE ON CLAUGHTON ISLAND
PLAT TO FIND OUT WHY CONSTRUCTION OF VIZCAYA HOUSING PROJECT HAS NOT
BEGUN. (SEE LABEL 2)
Mayor Suarez: Item 29 has been tabled.
Mr. Dawkins: I pulled 27.
Mayor Suarez: 29 has been tabled until item 65, at the request of
Commissioner Dawkins. I don't have 27 pulled, but if you want to reconsider
it.
Mr. Dawkins: I'd like to reconsider item 27.
Mayor Suarez: Do you want to start by trying to clarify it, and then let us
know if you want to have it reconsidered?
Mr. Dawkins: Yes. I want to have it reconsidered that... I want it continued
until the January meeting in that the Claughton Island group have not provided
the housing it was supposed to provide off the island. Now, we have the
housing project going up in Little Havana. We have the housing project going
up in Liberty City. They have yet to start the housing project going to
Vizcaya, and I would like to have this continued and let whomever come and
explain to me where we are with the units that they are supposed to be
building at Vizcaya.
Mayor Suarez: We have a motion to defer this item. What is the...
Mr. Plummer: I'll second the motion.
Mayor Suarez: Seconded. What is the reason that they are platting over
there, if I may ask?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Or, replatting.
Mr. Plummer: Why these people have not lived up to their obligation?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: That's his contention, yes.
Mayor Suarez: Are they changing in any way the layout? Are they planning
another phase? What are they doing?
Mr. Plummer: I think, Mr. Mayor, and please don't hold me to this, but the
conversation I heard was that there are numbers of owners, and most likely the
replatting is to satisfy all of the owners as to actually what they own. Now,
that might be wrong, but that is what I heard.
Mr. Pierce: That's part of it. There are some new development plans. Out of
this petition, I think there are now basically three owners, where at one
time, there was only one. Then there were two. Now, I think it has been
partitioned into three, and there is also a requirement that they...
Mayor Suarez: Is that part of this replatting that they are doing here?
Mr. Pierce: I believe this is the Claughton property itself, just being
platted now. The piece is still owned by Ed Claughton.
Mayor Suarez: That doesn't sound like we have a lot of information on it to
answer the questions. We have a motion to defer. I mean, there is no one to
tell us about the urgency of this matter, so there would really be no reason
not to.
Mr. Pierce: There is no urgency, Mr. Mayor, but I would remind the Commission
that platting, you know, becomes... it is a matter of their meeting all of the
50 December 10 1987
-a;
technical and legal requirements of platting and once that is done, they have
a right to that plat.
Mr. Plummer: And I want to remind you that this Commission at all times
reserves its right to look in for further information.
Mr. Pierce: Yes, sir.
Mr. Plummer: Thank you.
Mr. Pierce: But I... I am aware of that.
Mayor Suarez: Right, that is the thing. We really have no discretion
eventually probably to accept the new plat, but in the meantime, we could
certainly defer until we get more information.
Mr. Pierce: Yes, if you would like to tell me exactly what you want, and make
sure that you get it so...
Mr. Dawkins: Where were you when I asked for what I wanted?
Mayor Suarez: It wasn't related to the platting. It was related to the third
project that they were committed to have built, the Swire properties.
Mr. Pierce: I was having a conversation with Commissioner De Yurre, Mr.
Dawkins.
Mayor Suarez: OK, we have a motion and a second. Any further discussion?
This is a motion to reconsider and defer item 27. We have passed it already.
Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-1111
A MOTION TO RECONSIDER AND CONTINUE PROPOSED
ACCEPTANCE OF A PLAT ENTITLED "CLAUGHTON SUBDIVISION
ON "CLAUGHTON ISLAND" FOR FURTHER INFORMATION; FURTHER
DIRECTING THE CITY MANAGER TO FIND OUT WHY
CONSTRUCTION OF THE VIZCAYA RENTAL HOUSING PROJECT HAS
NOT BEGUN. (PREVIOUSLY, R-87-1090, WHICH NUMBER WAS
VOIDED.)
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.
21. STATE COMMISSION POLICY OF REQUIRING THAT ALL SEALED BIDS ON PROCUREMENT
CONTRACTS BE SUBMITTED IN THE FORM OF DUPLICATE ORIGINALS.
Mayor Suarez: Item 34, 29 being already tabled until this afternoon, or until
we get to item 65, whichever may come first.
Mrs. Kennedy: Mr. Mayor, after hearing the bids for the marina at the last
Commission meeting, I asked that a resolution be prepared to ensure that
during the bidding process, there are no questions of bid tampering or any
kind of impropriety.
51 December 10, 1987
j
Mayor Suarez: That seemed like a very good measure.
Mrs. Kennedy: I have asked that one bid be kept sealed at the City Clerk's
office. This resolution states that both copies be opened at the same time,
but one be kept at the City Clerk's office, and one at the appropriate
department. I just want to put on the record that this policy by resolution
that we are accepting will protect both the City and the bidders, and so I
move this item.
Mr. De Yurre: Second.
Mayor Suarez: So moved and seconded. Any discussion?
Mr. Plummer: I assume that wording, so that we don't have to buy all kinds of
filing cabinets, is that the sealed bids will be kept until such time as the
bids are awarded.
Mrs. Kennedy: Right.
Mr. Plummer: No longer, I mean.
Mrs. Kennedy: Right. Of course.
Mayor Suarez: Yes, we don't want to create any great amount of paperwork. -
Mr. Plummer: If not, you are going to have warehouses full of them.
Mayor Suarez: All right, so moved and seconded, until the bids are actually
opened, so they can be compared...
Mr. Plummer: No, awarded.
Mayor Suarez: I mean awarded, rather, than going through the entire
procedure. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1112
A RESOLUTION APPROVING THE ATTACHED ADMINISTRATIVE POLICY
OF REQUIRING THAT SEALED BIDS IN THE FORM OF DUPLICATE
ORIGINALS BE SUBMITTED BY PROPOSED CONTRACTORS BIDDING ON
CITY CONSTRUCTION CONTRACTS.
(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
52 December 10, i987
22. URGE DOWNTOWN DEVELOPMENT AUTHORITY TO UTILIZE THE STREET LIGHT FLAG
STANDARDS TO ACTIVELY PROMOTE THE 111988 MIA14I GRAND PRIX" EVENT.
Mr. Plummer: Mr. Mayor, may I bring up an emergency matter, if I could, very
quickly.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: It is a resolution urging the Downtown Development Authority to
utilize the street light flag standards to actively promote the 1988 Miami
Grand Prix to be held February 27 and 28. We are only urging them, because we
do, and our part of that program, we urge them to use those standards to help
publicize. I so move.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1113
A RESOLUTION URGING THE DOWNTOWN DEVELOPMENT AUTHORITY
TO UTILIZE THE STREET LIGHT FLAG STANDARDS TO ACTIVELY
PROMOTE THE 1988 MIAMI GRAND PRIX TO BE HELD ON
FEBRUARY 27-28, 1988.
(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.
23. FIRST READING ORDINANCE: AMEND ORDINANCE 9500 - CORRECT SCRIVENER'S
ERROR AFFECTING PROPERTY LOCATED AT APPROXIMATELY 2701-1703 DAY AVENUE
AND 3191 CENTER STREET.
Mayor Suarez: Item 37. We have a scrivener's error...
Mrs. Kennedy: Move it.
Mayor Suarez: ...being corrected. Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll.
53
December
10,
1967
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CORRECTING A SCRIVENER'S ERROR AFFECTING
PROPERTY LOCATED AT APPROXIMATELY 2701-03 DAY AVENUE
AND APPROXIMATELY 3191 CENTER STREET, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN) BY PROVIDING THAT
THE ZONING BOUNDARY LINES MAY LIE ON SAID PROPERTY BUT
NO MORE THAN 5 FEET (IN ADDITION TO THE REQUIRED
DEDICATION) FROM THE WESTERN BOUNDARY LINE OF SAID
PROPERTY (THE WESTERN BOUNDARY LINE ALSO BEING THE
WESTERLY BOUNDARY LINE OF LOT 12, LOTS 13 AND 14 OF
CORNELIA M. DAY SUBDIVISION) AND NO MORE THAN 10 FEET
FROM THE NORTHERNMOST BOUNDARY OF SAID PROPERTY (THE
NORTHERNMOST BOUNDARY LINE BEING A LINE BISECTING LOT
12 OF CORNELIA M. DAY SUBDIVISION INTO NORTH AND SOUTH
HALF SECTIONS), SAID PROVISION HAVING BEEN INCORRECTLY
OMITTED FROM ORDINANCE NO. 10028, JULY 25, 1986; AND
CONFIRMING THE REZONING OF LOT 1, CORNELIA M. DAY
SUBDIVISION (3016), FROM RG-2/5 GENERAL RESIDENTIAL
AND SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT
TO RO-2.1/6 RESIDENTIAL -OFFICE, ELIMINATING THE SPI-3
AND ITS REZONING OF THE SOUTH 1/2 OF LOT 12, LOTS 13
AND 14, CORNELIA M. DAY SUBDIVISION (3-16) FROM RG-1/3
GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO RO-2.1/6
RESIDENTIAL -OFFICE, AS ESTABLISHED BY SAID ORDINANCE
NO. 10028, MAKING FINDINGS AND BY MAKING ALL NECESSARY
CHANGES ON PAGE 46 OF SAID ZONING ATLAS AND MADE A
PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor 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.
------------------------------------------------------------------------------
�- 24. FIRST READING ORDINANCE: AMEND CODE CHAPTER 22 ("GARBAGE AND TRASH") -
DEFINE AND/OR CLARIFY "COMMERCIAL ESTABLISHMENTS", "CONDOMINIUMS", AND
"RESIDENTIAL UNITS"; PROVIDE FOR AMENDED ANNUAL PUBLIC RIGHT-OF-WAY
CLEANING FEE; ESTABLISH SCHEDULE OF FEES FOR COMMERCIAL GARBAGE
SERVICES; ETC.
------------------------------------------------------------------------------
Mayor Suarez: Item 38, first reading ordinance amending the following
sections. Joe.
Mrs. Kennedy: Oh, ohl
Mr. Plummer: How come you three guys aren't wearing black hats?
Mrs. Kennedy: Because good guys wear black.
Mr. Joe Ingraham: Mr. Mayor and members of the Commission, we are here in
reference to a first reading in regards to an amendment to chapter 22, as it
54 December 10, 1987
relates to a couple of moderate changes relative to what we are calling now, a
commercial street cleaning right-of-way fee. Also, there are other
modifications in this particular request as it relates to the solicitation of
commercial accounts and monthly billing of commercial accounts. Those are
three major modifications of chapter 22. We are here to answer any questions
you have.
Mr. Plummer: Well, let me tell you, the one thing, when I spoke to this
ordinance before, Mr. Manager, I don't find... I think it is ludicrous. If we
didn't learn anything from the Dinner Key Marina, we should have, and that
was, that they worked out a fee schedule that didn't come back here every year
creating a screaming session between the occupants and the boat owners, and
now everybody is happy, it is an automatic annual escalation, cost of living,
whatever you want to call it, that there was a prescribed fee, and everyone
knew that every year it would go up by five percent, or four percent. Mr.
Manager, I told you I would only consider to vote for this ordinance if this
ordinance contained that provision. This ordinance does not contain that.
Mayor Suarez: Well, it would nullify my vote, because I would not vote for it
if it contained that provision. An automatic escalator, whatever escalator
you came up with, either based on inflation or based on some arbitrary figure
would not be acceptable to me.
Mr. Plummer: Well, Mr. Mayor, I am not saying what that figure was to be
used, but I am just saying this every year comes up, it creates a great deal
of controversy, and why can't we build in some formula. I am not trying to
say what formula would be used, but have it as understood, so that we don't
have to go through it year after year after year.
Mayor Suarez: I understand your reason, I just don't agree with it.
Mrs. Kennedy: How would this work if we didn't have what Commissioner Plummer
is talking about? Then it would come back to us?
Mr. Odio: No, it would not come back to you. Once this is passed, this is
the fee and it will stay the same until you decide to change it again.
ON
Mrs. Kennedy: Until we decide to change it, right. Let me ask you, do you
have some kind of mechanism and in place to do the follow-up? In other words,
so that we just don't levy the fees, but make sure that we can...
Mr. Odio: Yes, we have.
Mr. Plummer: You see, we know that what we are trying to accomplish here, is
to make this department self-sustaining, and as...
Mayor Suarez: That's not what I am trying to accomplish. Let me clarify
that.
Mr. Plummer: OK, well...
Mayor Suarez: This department, like every other department in the City of
Miami is maintained through real estate taxes and any notion that any one
department has to be self-sustaining, I understand as being a way of trying to
eliminate that department, or otherwise to confuse the citizens of Miami. It
doesn't make any sense to say this department has to be self-sustaining. What
do people pay real estate taxes for, if not to have their garbage picked up?
Mr. Plummer: Well, Mr. Mayor, you know, I am not arguing with you, sir. All
I am trying to eliminate is the same continuous thing every year. We have
done it in other cases in which there were automatic, whatever formula that
you want to devise, but the problem is the fact that, you know, you are going
to go through this every year, because the cost of that department are
continuously going up.
Mrs. Dougherty: (Off mike) J.L., you are getting... you are collecting from
cleaning of the streets, which you have never done before.
Mayor Suarez: With this particular measure which we are about to pass, if we
pass it, hopefully, the income and the revenues of the department will go up
to, because we are going to compete with private sector companies. I think it
produces $3,000,000 the first year, estimated at $5,000,000 the second year
55 December 10, 1987
and that doesn't take into account any voluntary commercial establishments as
signed up for City pickup.
Mr. Plummer: Sorry, Cesar, I told you where I was, OK? I think we have to be
realistic, that the cost of this every year goes up. There is no question in
my mind. These employees want raises. The cost of equipment goes up. The
cost of everything goes up. We know that right now, and I believe a formula
could be devised, and I am not trying to say what that formula is. It can be
reviewed, but at least have an understanding so that we don't have this
problem facing us every year. That was my only provision, Mr. Mayor, you
know, and...
Mayor Suarez: I understanding your reasoning. It is tough every year to have
_ to reconsider all of these fees and have to reconsider the budget and have to
make tough decisions that affect what people pay for various services, but I
think that is part of the process that we are engaged in.
Mr. Plummer: Well, OK.
Mrs. Kennedy: On the other hand, I think this is a very equitable formula,
because the smaller buildings will pay less than the larger buildings, which
of course always passes on to the tenants.
Mr. Plummer: Rosario, excuse me.
particular case...
Mr. Odio: Commissioner Plummer...
I have no problem with the formula, in this
Mr. Plummer: ...but it only addresses one year. That's my problem.
Mr. Odio: No, it does not, Commissioner Plummer.
Mrs. Kennedy: But he just said, "until you decide to revisit."
Mr. Odio: This is in effect now until you decide to review it and what we are
trying to do, this is new, and see how it works and then make adjustments and
o not necessarily have to be next year. It could stay like this for two or
three years and then make the adjustments and see if it works. To put in an
escalator on something that is an unknown territory...
Mr. Plummer: I'm going to... tell you what, I am going to make life easy for
-- you today, more difficult thirty days from now. I am going to vote for it
today, and let me think about it, OK?
Mr. Odio: That's fair enough.
Mrs. Kennedy: I move the item.
Mayor Suarez: So moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Let me say I am going to vote for this item. I would
prefer to begin the process of shifting the burden of these fees away from the
homeowners, residents. I would have liked to have, at the same time as this
ordinance is passed, this fee schedule is passed, to begin reducing what
individual homeowners pay and I will be looking to do that next year, if I get
support from this Commission, but I know that this is a start, and of course
the effort really here, we haven't measured what the impact will be. I don't
believe we know how many private contracts we can gain of the ones that are
now mandatory, that are voluntary on their part, by imposing this fee
schedule. We may generate a lot more money. Let's hope that we do by
competing with the private sector and it sounds like the rates you told me
yesterday, and I am going to hold you to those rates and I presume they are
built into this, are competitive.
Mr. Odio: That's here.
Mayor Suarez: You mentioned that the small, commercial establishments that
wants garbage pickup like what a home owner gets twice a week, regular garbage
cans, of the usual size, will have to pay no more than $310 a year...
56 December 10, 1987
0 0
Mr. Odio: That is correct.
Mayor Suarez: ... including the $150 basic fee, which he must pay whether he -
takes this service or not, and that is definitely competitive, because I think
they typically pay $60, $70, $75 a month, so we should be able to sign a lot
of these people on and I hope that without spending any City money, we go an
do a public service campaign and get the chambers of commerce involved and get
these people to sign up with us. A lot of them are on a month to month -
agreement with the private haulers and we can get them into our system. We've
got those men out there in the street, we've got the trucks, we've got the
equipment, we've got the fixed cost, we've got the money we paid to the
administrators, and the marginal cost of picking up one more commercial
establishment is very low and the fees that the City would generate are much
higher than the marginal costs, so we really have got to try to do that and
then hopefully then, we can start reducing what the individual homeowner pays,
which is something they didn't pay six or seven years ago, that was imposed on
them, that they complained about, and rightfully so, for having their garbage
picked up, which should be an essential municipal service rendered at no extra
charge to the home owner who is paying real estate taxes, and I am not going
to make the motion this year, because I know we are just trapped, it is as
simple as that, but I will be ready to do it next year and I hope you guys
produce a lot of money through this fee schedule.
Mr. De Yurre: Mr. Mayor, excuse me. You mentioned a $150 mandatory fee. Is
that the $150 we have been talking about that is going to be scratched for the -
eight cents per square foot?
Mr. Ingraham: That's correct, sir.
Mr. De Yurre: So, it is not going to be $150 mandatory, it is going to be
whatever your square footage is of the commercial establishment.
Mr. Ingraham: That's correct, sir.
Mr. De Yurre: OK, and we don't have... and we are pulling out, like it has
been studied before, we are pulling out all the apartment buildings from this
rate.
Mr. Odio: Yes, sir, they are pulled out.
Mr. Ingraham: That's correct.
Mr. De Yurre: Great, OK.
Mayor Suarez: Mr. Manager, one...
Mr. Odio: Mr. Mayor, if I may, you are, I think, relieving the home owner,
because up to now, they have been the only one paying solid waste fees and
now...
Mayor Suarez: That is one way to look at itl
Mr. Odio: ... OK.
Mayor Suarez: Everybody pays now, so even though theirs is not reduced. Mr.
Manager, are you building in, or are you planning an incentive program as we
have discussed, to have the members of this department get bonuses, or
additional pay, if they pick up more... anything other than the simple
expedience of having them finish off the day as early as they possibly can and
go home?
Mr. Odio: We are going to work with the union on this. I have been working
on two areas that I want to explore with the union. I believe that the union
is always receptive to receiving more money and I see Bill...
Mayor Suarez: But, that means that they stay a little longer than they...
Mr. Odio: If you look at Bill Smith's face, I think you...
Mayor Suarez: I know he wants them to work a little longer than 1:00 o'clock,
1:30 P.M., or whatever time it is they finish their pickup.
57 December 10, 1987
Mr. Odio: I do want to say this for the record. When I became City Manager,
I was very concerned about solid waste, and I can say now two years later that
I am very proud of what they have done for the City. Everywhere I go, the
City is cleaner than it has ever been. It doesn't mean that it is as clean as _
it should be, but it is a lot better than it was before, and we owe it to them
and I think we can even do better, and we can improve what we are doing and we
will work with the union on that. -
Mayor Suarez: After this vote, you may now leave, Bill, and go out there and
start picking up some of the garbage and supervising your men who are doing
it. Any further discussion on this item? 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 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 IS
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 22-26 TO ENLARGE THE SCOPE OF FEES
THAT CONSTITUTE SPECIAL ASSESSMENT LIENS UPON BECOMING
DELINQUENT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner De
Yurre 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.
Mayor Suarez: Anyone who wishes to complain about these new fees, please call
579-6040, the Manager's office, or 6026, Commissioner Dawkins' office. I am
taking all my phones off the hook!
25. RECEIVE AND OPEN BIDS FOR CONSTRUCTION OF CITYWIDE SANITARY SEWER
EXTENSION IMPROVEMENT - N.W. 5TH AVENUE (PROJECT B-5546) - REFER BIDS
FOR TABULATION.
Ms. Hirai: Mr. Mayor, we have some bids to be opened at 11:00 o'clock.
Mayor Suarez: Please open the bids that you didn't put on the agenda. I hope
that is all in accordance with the law, right?
Ms. Hirai: Yes, sir. These are sealed bids for construction of Citywide
sanitary sewer extension improvement - N.W. 5th Avenue, Project 5546. Mr.
Mayor, I need a motion to open bids.
Mrs. Kennedy: So moved.
58 December 10, 1987
Mr. Dawkins: Just one bid?
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded, call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1114
A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS
FOR CONSTRUCTION OF CITYWIDE SANITARY SEWER EXTENSION —
IMPROVEMENT - N.W. 5 AVENUE PROJECT B-5546; FURTHER
REFERRING SAID BIDS TO THE ADMINISTRATION FOR PROPER
TABULATION OF SAME.
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. —
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS:
Campanella Construction Corporation $75,254.00
P.N.M. Corporation $50,686.00
Miri Construction Inc. $69,887.50
Delgado Paving, Inc. $83,275.00
Man -Con Incorporated $68,143.00
Mayor Suarez: I entertain a motion to transmit and process them.
Mr. Dawkins: So moved.
Mrs. Kennedy: Second.
THEREUPON, AFTER BEING DULY MOVED AND SECONDED,MOTION TO TRANSMIT
BIDS TO THE ADMINISTRATION FOR PROCESSING WAS APPROVED 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: INCORPORATED INTO PRIOR MOTION NO. M-1114.)
59 December 10, 1987
- ----- ------------------- -------------------------------
26. ACCEPT MANAGER'S RECOMMENDATION FOR SELECTION OF DINNER KEY BOATYARD
MANAGEMENT COMPANY, INC.'S PROPOSAL FOR THE
PLANNING/DESIGN/CONSTRUCTION/LEASING AND MANAGEMENT OF CITY -OWNED
- WATERFRONT PROPERTY OF A FULL -SERVICE BOATYARD AND MARINA (UNITED
DEVELOPMENT PROJECT) LOCATED AT 2640 SOUTH BAYSHORE DRIVE. DIRECT
MANAGER TO FURTHER NEGOTIATE, INCORPORATING AMENDMENTS DISCUSSED ON THE
= FLOOR.
Mayor Suarez: Item 39. Oh! Dinner Key Boatyard Management Company Inc.
Mr. Raymond McElroy: I'd like to be recognized to make a statement before you
open it up for discussions, please.
Mayor Suarez: Wait, wait. We will certainly let you address... this is on
39?
Mr. McElroy: 39.
Mayor Suarez: OK, let me see how we are going to handle 39, and I guess the
first thing we have to do is hear from the Administration, but we will take
anyone's statements for or against, or whatever. OK, do we hear from the
Administration first on this?
Mr. Odio: Yes, sir. After the UDP's went out and we got the replies in, they
went through the proper process, which was the Selection Committee. The
Selection Committee recommended 7-0 against the other... I forget the name -
what is the name of that company?
Mr. John Gilchrist: That is the Dinner Key.... what is the name of your
proposal?
Mr. McElroy: Coconut Grove Seaport.
Mr. Gilchrist: Coconut Grove...
Mr. Odio: Coconut Grove Seaport and they split the vote on the Dinner Key
Boatyard Company. I then met with the chairman of the committee, Mr. Hicks
after the Waterfront recommended unanimously to support the Dinner Key
Boatyard Company and rejected Coconut Grove. I then decided to meet with the
chairperson of that committee and he again recommended that he would support
in a minority report at Dinner Key Boatyard. I then made the decision that I
wanted to hear both presentations all over again, and I did hear them. We
spent a whole morning, and part of the afternoon, listening to both
presentations. After doing that, and meeting with my staff, I can only
recommend the Dinner Key Boatyard Company, but with certain qualifications
that I feel are important, so that they can succeed and that the City will be
protected in that valuable property, and the only way I can recommend this
proposal is based on the qualifications we have here outlined and if you want
that it is part of the record and part of the agenda.
Mayor Suarez: Mr. Manager, the total investment that was initially specified
as part of the RFP was how much over that?
Mr. Odio: It depended on the years that they wanted to obtain the land, but
the maximum was 25 years. I think it was 4.5 million dollars in 40 months.
Mayor Suarez: If they went up to the full 35, it was 4 point -some million?
Mr. Odio: 4.5 million dollars and they would have to spend that money up
front or within the first 48 months, I should say.
Mayor Suarez: The first 48 months? Now, your present proposal requires them
to post security in the amount of how much?
Mr. Odio: We feel, since it is a new cooperation and that with minority
— participation of 50,000 shares apiece..... $50,000 apiece, that we do not find
- substantial assets in that company, and therefore, to protect the City's
interest, we would require an escrow of $1,500,000 placed up front, and that
60 December 10, 1987
we would also require that the improvements, that would be property, as they
pointed out to me, are needed, should be done up front and not 48 months
later.
Mayor Suarez: Which improvements are those?
Mr. Odio: From memory, the walls...
Mr. Gilchrist: The seawall.
Mr. Odio: ... the seawall, the pavement of the facilities in bad shape, the
hangars are in very bad shape.
Mayor Suarez: Those are the kinds of improvements that would benefit the City
regardless of whether they comply with other, so why do we need the $1.5
million escrow then?
Mr. Odio: Because the way they are...
Mayor Suarez: At the beginning of the contractual period, they begin to make
these improvements as required, and if at any time they fail, we can basically --
cancel the lease and keep the improvements they have made up to that point.
Mr. Odio: Because they have no verifyable assets that we can see, and
therefore that is why we want to make sure that the capital is in place, and I
feel very strongly about that.
Mayor Suarez: Well, what capital do they have starting off?
Mr. Odio: How much is it?
Mr. Gilchrist: Well, they are proposing to put a partnership together, each
of a number of people putting $25,000 in to raise $750,000.
Mayor Suarez: So they have three-quarters of a million up front?
Mr. Gilchrist: And they have a commitment that was stated to us in their
presentation before the Manager as well as earlier from a bank that says if
they raise the $750,000, that they would be willing to consider matching that
amount when they have interpreted the...
Mayor Suarez: The $750,000 up front, if I may venture to say so, is more
- liquidity than just about any venture that we have dealt with here since I
have been Mayor for the last two years, so I just want to say that on the
record.
Requiring $750,000 in liquidity up front, cash, is quite a large amount of
money for the project we are talking about. If in addition, you require all
of those improvements to take place in the 48 months anyhow, and then inured
- to the benefit of the City.
Mr. Odio: This escrow is to insure that improvements will be made up front
because I really feel that the feasibility study... by the way, we never got a
market feasibility study from them... and that we are concerned about. I can
assure you, Mr. Mayor, I don't know anything about a boatyard. They only have
one person in that group that has very limited experience in boatyards, but I
do know...
Mayor Suarez: I thought they had the manager or the former operator with
them.
Mr. Odio: But I think... well, I do...
_ Mayor Suarez: That sounds like he is pretty knowledgeable on boats. Let me
just say again that $750,000 in cash liquidity up front... you know, we hear a
lot from companies that give us bonds, that give us letters of credit, that
show financial statements with real estate valued at God knows what, whether
_ it is valid or not, you never know. $750,000 cash up front on this kind of a
project to me sounds more than enough.
Mr. Odio: OK, Mr. Mayor, I'd better put on the record why I am concerned.
Mayor Suarez: That's why I am asking.
61 December 10, 1987
Mr. Odio: I am concerned that the feasibility of the project as a whole is
kind of doubtful with numbers. You know, they might be very fine people, I am
just concerned about the numbers, and based on the experience that Merrill is
having there now, where they are only paying us $150,000, or a maximum of
$165,000 rent a year, their gross revenues are $3,145,000 and the cost to the
company is $3,017,000. They are having a net of $32,000 and they are only
paying $165,000. Now, we are requiring that you spend $4,500,000, which
increases your debt service. Now, we are requiring you pay $350,000 minimum
rent, which goes against your cash flow. My question has been, and it is
today, that they will not have sufficient cash flow. Now they propose...
Mayor Suarez: And if they don't comply that at the end of the year, do we not
have a right to take back the lease at the end of the first year.
Mr. Odio: Yes, we do, but we don't want that.
Mr. Plummer: What about the $4,500,000 worth of improvements? Who buys that?
Mayor Suarez: And we keep all of the improvements that they have done through
the first year at that point.
Mr. Plummer: But who pays for the remaining portion?
Mayor Suarez: Well, at least we get some improvements done. What
improvements have been made in that site for all the years that we have had it
there?
Mr. Plummer: None.
Mr. Odio: I don't think we want to give this property out to... for somebody
to fail right away. I think what we need to do is have an upward...
Mayor Suarez: Why not? Why not? We get improvements, we have the
possibility that it will be a successful venture. I don't see where we lose.
Somebody explain it to me, where we might lose on this.
Mr. Odio: Well, that is what I am trying to avoid, that the City doesn't lose
anything, Mr. Mayor.
Mayor Suarez: I don't see any potential for losing, is what I am saying.
Mr. Odio: That is why we need the money in escrow and that we get our rent
money, but we also want to make them succeed, and I am just pointing out to
you why I was concerned about the feasibility, that I am asking for the escrow
money. That's the point I'm trying to make. Besides that, they are projecting
the revenues based on five new profit centers, and the five new profit centers
might and might not succeed in increasing the gross revenues from $3,000,000
to $6,000,000, which they would need to produce. I am going based on your
presentation, and you cannot just come in there, do the improvements and then
immediately put the profit centers into effect and they will be producing
money right away. It is going to take them six months to a year to get the
new profit centers operating, including the buying of the new travel lift, the
seawall, the new pier out there which would require extensive permitting from
the State, which we know how long it has taken us to get in Dinner Key Marina.
So those are all my concerns and that's why I must recommend that if we do
award to Dinner Key Boatyard, that we do it with qualifications and that they
must comply with this through negotiations.
Mrs. Kennedy: Mr. Manager, let me ask you something. If you are not totally
satisfied, would it make any kind of economic sense for the City to run it?
Mr. Odio: No, Ma'am, Commissioner, because I feel that we don't have the
capital monies to spend right now in the location and that we do have... if
they are viable, and we can make them succeed by guiding them through this and
protecting the City at the same time, that we are better off doing this than
starting all over again. It would take another year of going through this
process and I feel like since we are protecting the City up front, that we
could try to...
Mr. Plummer: Mr. Manager, what were the appraisals?
62 December 10, 1987
Mr. Gilchrist: Well, the value of the land was $3,500,000 and the 10 percent
return was $350,000.
Mr. Plummer: And that's the minimum rent?
Mr. Gilchrist: Right, that's the minimum rent.
Mr. Plummer: That's based on how many years?
Mr. Gilchrist: 25, a total of 25 years.
Mr. Plummer: Is there an escalator in that?
Mr. Gilchrist: No, sir.
Mr. Plummer: Needless to say, the value of the land will go up.
Mr. Gilchrist: You get a percentage of the rent, which is what the escalation
is...
Mr. Plummer: No, I am talking about the minimum.
Mr. Gilchrist: There is no escalation.
_ Mr. Odio: Well, the minimum is $350,000, but if they sell more, we get a
higher amount of money.
Mr. Plummer: I'm saying if they don't sell more, the value of the land is
still going to go up...
Mr. Odio: Then we get
Mr. Plummer:... and why is there not an escalator in the minimum?
Mr. Odio: Wait, the amount of the...
Mayor Suarez: Let me ask on that, if it is comparable on that sense to the
Monty Trainer lease? Is it not?
Mr. Odio: Well, but the difference is...
Mayor Suarez: That is a percentage of gross.
Mr. Odio: ... the use. The appraisal is based on use, and since we are
limiting the use to a boatyard, full service boatyard, and they cannot have
liquor sales or a shopping center or whatever, the value might not increase as
you think it would, because of the limitations on the use.
Mr. Plummer: One other question, Mr. Manager - there was a committee. Is the
chairman of that committee present?... or any member of that committee
present?
Mr. Gilchrist: Yes, sir. Sergio.
Mr. Plummer: Can they speak on behalf of the committee what their
recommendations were?
Mr. Odio: Sure. The committee split the vote, I believe 4 and 3. John, you
can stand... I did not get involved at all with the committee. They split the
vote 4-3.
Mr. Sergio Rodriguez: Hi. I don't know if I can speak in behalf of the
committee. I can tell you that in the voting, when we were deciding what to
decide on this project, the vote was split, and there was no support for
approval of the project, either one of them.
_ Mr. Plummer: In other words, neither one of the votes, for or against, were
in favor of the project.
Mr. Rodriguez: Right.
63 December 10, 1987
Mr. Plummer: Now, it was my understanding... in other words, let me
paraphrase in my terminology. What you are saying is, that the votes taken
by the committee said that neither proposal was worthwhile, is that correct?
Mr. Rodriguez: The motion... let me qualify the review committee, what
happened. The motion not to recommend any of the proposers, failed by a vote
of 4-3. A motion to recommend Dinner Key Boatyard failed by a vote of 4-3.
Mr. Plummer: In other words, the committee recommended against Dinner Key
Boatyard.
Mr. Rodriguez: 4-3, and then the motion to recommend against Coconut Grove
Seaport, failed by a vote of 7-0.
Mr. Plummer: So, there was no favorable recommendation from the committee.
Mr. Rodriguez: No, sir. There was then a minority report that was filed by
the chairperson and two other members, I guess, of the review committee , in
which they felt that the decision of the selection committee should be to
support the Dinner Key Boatyard Management.....
Mr. Plummer: That's a minority report.
Mr. Rodriguez: The minority report.
Mr. Plummer: So in other words what you are saying is, the committee that
was chosen to do the evaluation, did not favorably recommend any of the
proposals.
Mr. Odio: But, let me...
Mr. Plummer: Now, wait a minute. The Manager then came and made proposals,
or safeguards. Was that, at any time, known, or voted upon after the Manager
had made his proposals or safeguards?
Mr. Odio: Let me explain something, Commissioner. Of the four that voted
against are staff persons from the City of Miami. The three that voted in
favor, were civilians.
Mr. Plummer: Well, you see...
Mr. Odio: At that point, when I met with the chairperson, I decided to hear
both presentations all over again, Commissioner, because the weight of the
decision was based on the staff persons.
Mr. Plummer: Well, what you are saying is, then, don't ever have any staff
persons on the committee again. Something is lacking, if in fact, the
committee which was chosen... how did Mr. Hicks vote?
Mr. Rodriguez: Mr. Hicks voted in favor of the Dinner Key Marina.
Mr. Plummer: Of the Dinner Key Marina?
Mr. Gilchrist: Dinner Key Boatyard.
Mr. Rodriguez: Dinner Key Boatyard.
Mrs. Kennedy: Sergio, why were you shaking your head?
Mr. Rodriguez: As you know, if I may, on the procedure, we... part of the
requirement of the procedure that we have is that we make a recommendation to
the City Manager. At that point, the City Manager, taking into account our
review, he is not bound by it, of course, to look at the whole thing again and
meet with all the information that he has, he, has he mentioned before on the
record, he receives the benefit of the Waterfront Board and other members and
based on that, he met with the people again, and he came to a conclusion of
making a recommendation to you for one of the proposals with some safeguards.
The process that you have now doesn't refer back to the selection committee.
There is no...
Mr. Odio: We are also leaving out that we hired a CPA firm and the CPA firm
recommended that we accept this proposal of Dinner Key Boatyard with
qualification, and that's based on those reports and the Waterfront...
64 December 10, 1987
Mr. Plummer: Why wasn't this sent back to the committee? It would seem like
to me, Mr. Manager, if we are going to use the committee process, that this
matter would be sent back to the committee with your recommendations to ask
them to reconsider and once again recommend, because as it is coming to us
now, the committee did not vote favorably on any of the recommendations. And
I want to tell you, that puts us in a very difficult, if not, impossible
position in the future if this thing doesn't fly. I can see it right now,
"The City Commission voted in spite of its own committee recommending that you
don't do it." See?
Mr. Odio: I cannot send it back to committee.
Mr. Plummer: Well, we can send it back to the committee.
Mr. Odio: The Commission is the only one that can send it back.
Mr. Gilchrist: The Commission can.
Mrs. Dougherty: The only process, but the ordinance doesn't provide for going
back to the committee unless you reject both proposals.
Mr. Plummer: Well, you know, I am going to tell you something. I, before
_ coming here today, was of the impression that I would vote "for" as
recommended by the Manager. Now, I did not know that the committees had voted
that way, and I am telling you, I am very, very reluctant, very reluctant, to
vote favorably on something that a committee has recommended against. You are
building in safeguards and one member of this Commission says that he thinks
the safeguards are a little bit overboard. Somewhere, something is lacking.
The final question, Madam City Attorney, is of you, of the recent amendment
which passed in reference to the minimum of three bids, on a unified project.
This has not been awarded. Is that amendment in effect? Is it in force, and
where are we as it pertains to that Charter amendment, which pased recently at
a the polls?
Mrs. Dougherty: If I could give you that answer in a few minutes.
Mr. Plummer: As I recall, the amendment, what it stated was, on any unified
development you had to have a minimum of three bids. In this particular case,
there were only two. Are we bound, at this time, by the Charter Amendment, or
not? I assume we are.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, she is saying she doesn't know, so who did you check it
with?
Mrs. Dougherty: Right now I am looking at...
Mayor Suarez: By the way, is it the case... I'm sorry!
Mrs. Dougherty: In order for it to go back to the committee, you must reject
both bids, and send it back to the committee for further reconsideration of
both, and a second recommendation from the committee.
Mayor Suarez: On the committee, is it the case that every member of our staff
voted against this particular proposal, and every member of the general public
voted in favor?
Mr. Odio: No, I want to stand corrected on that. I made a mistake on it.
Architect Raul Rodriguez voted against it, that makes him... from the private
sector.
Mr. Gilchrist: The three from the private sector was the chairman, Mr. Hicks,
Don Anguish, and from the Marine Council, Don Briggs... Dick Briggs.
Mayor Suarez: Let's hear from presumably the opposing group that bid.
Mr. McElroy: Yes, we just want to make a statement here.
Mayor Suarez: Yes, give us your name, please.
65 December 10, 1987
Mr. McElroy: My name is Raymond McElroy, I'm president of Coconut Grove
Seaport Limited, Inc. I am here today to ask you to defer any action on the
proposed resolution. We believe that we weren't given fair opportunity in our
presentation to the staff. After months of delay, we were notified by the
City Manager we'd be hearing presentations on November 10, 1987, at Dinner Key
Exhibition Center. One member of our development team was notified after the
close of business on Monday, November 9, 1987, that they were going to
reschedule the location of the meeting for 9:00 o'clock. It was going to be
at 9:00 o'clock, the same time the next morning, but the close of business,
they rescheduled the location of the meeting. We were unable to have part of
our team there, and they would be our financial representatives by the union.
OK, we are just asking...
Mr. Odio: May I interrupt you for a minute, sir? You mean you wasted two
hours of my time? Why didn't you tell me up front in that meeting that you
were not ready to make a presentation...
Mr. McElroy: I... OK, I did...
Mr. Odio: ...and why did you tell...
Mr. McElroy:... I will explain right now. I had a discussion with John
Gilchrist and I was bringing it up to John Gilchrist and you stopped our
discussion and said to proceed with the presentation. Is that not true, Mr.
Gilchrist? Did we not have a discussion before the meeting?
Mr. Gilchrist: Not on that subject.
Mr. McElroy: But, we were discussing phone calls, response of phone calls and
responding back to me, and you did, City Manager, stop me from talking. You
asked me to go to the podium, and not speak any longer.
Mr. Odio: Mr. ...
Mr. Gilchrist: McElroy.
Mr. McElroy: Is this a true statement?
Mr. Odio: ... McElroy, let me tell you something. The only thing I told you,
is that according to the Law Department, you had to stay within the same
presentation you made to the committee, and that you would not deviate one
= word from that committee. I did not tell you to shut up, or go over to the
podium.
Mr. McElroy: You did say that)
Mr. Odio: I listened to you, Mr. McElroy, for two hours, all right?... and
you...
Mayor Suarez: Did you make a two hour presentation, Randy, or not?
Mr. McElroy: Yes, we made our presentation that day, but we had one problem
in the presentation, and that was our financing, our backing, which is in our
RFP, and states that we were having negotiations with the union, and they take -
—_ a long time, and we were going to bring a representative from the union there
and with the location change, we could not get back in touch with them to
follow up, and that is where our funding is and that's the question with...
Mayor Suarez: But, you have to admit there has been a substantial amount of
time to get all of the funding and the entire package together on this bid,
hasn't there?
Mr. McElroy: We have our... we cannot submit the letters and whatever letters
we have now.
Mayor Suarez: In fact, an inordinate amount of time.
Mr. McElroy: It takes a long time for the process. We had to go to the board
of trustees, which is the local carpenter's union, and we discussed it with
the local carpenter's union. From the local carpenter's union, we had to go to
Atlanta, the regional, and from Atlanta, we had to go to Washington, D.C., to
Union Labor Life. We worked our negotiations, we negotiated for four months
66 December 10, 1987
with Union Labor Life, until they finally came up with an agreement with us,
and sent us a letter of comfort, stating they will accept our...
Mayor Suarez: This is not the same union that is financing one of those
projects, housing projects in Allapattah, is it?
Mr. McElroy: This is the national union, this handles the Teamsters, AFL-CIO,
the players. It handles every one down the line. This is the national union
that handles all the unions. They are interested in financing our project.
Mayor Suarez: You want to add anything else, Randy?
Mrs. Dougherty: Mr. Mayor, as a clarification on the record, the Law
Department did provide that they could not enter evidence into the record that
was outside the scope of their original presentation and outside the scope of
their original bid.
Mr. McElroy: It is in our original bid, though. It states in our answer that
we were going with negotiations with the union. It is a long process.
Mayor Suarez: She has given procedural reasons why you were not able to give
them additional input on that issue.
Mr. McElroy: Basically, we are just asking that the City Commission hear our
proposal, and hear the other side's proposal and we do a presentation, both
groups do a presentation, and let you decide from there.
Mr. Odio: Mr. Mayor, let me say this. I am surprised by his tactics, but I
shouldn't be surprised. I did not have to meet with this man for two hours.
I did not have to meet with 12 people he brought along for two hours. I
listened to him very carefully, I know his presentation inside out, we asked a
lot of questions, and at no time he felt that he was short on his presentation
and at no time did we cut him off on his presentation, and he can talk to me
for 20 hours a day, and I will never recommend his proposal.
Mayor Suarez: By the way, did you get my call yesterday, that I left in your
recording?
Mr. McElroy: Yes I did.
Mayor Suarez: At least I made an attempt to try to get back to you. It has
been a little hectic at City Hall, but we certainly have all spent a lot of
time on all of these proposals and on the whole issue of Dinner Key. Formerly
Merrill Stevens because Dinner Key really is not descriptive. Do we hear
anything else from any other group, or any interested party?
Mr. Plummer: I am still waiting my answer from the City Attorney.
Mrs. Dougherty: I'm sorry, but I'm trying to get a copy of that latest
Charter amendment. I haven't received it yet. Here we go.
Mayor Suarez: OK, we still are waiting to hear on that issue of no less than
three bids, right?
Mr. Plummer: Yes, that is what it says.
Mr. Odio: My understanding of the amendment is that -ok, she's got it. I
want to say while we are waiting, Mr. Mayor, that when Commissioner Kennedy
asked me if the City could run the marina, somehow somebody was making another
joke back there, and some laughter came up and I want to assure the
Commissioner and the other members, they were not laughing at the question, or
at the answer either, I hope.
Mayor Suarez: And I know they were not laughing at the Manager, otherwise,
they'd all be fired. We have a new oath here, before you testify, which says,
"Do you swear not to run for Mayor for the next three or four terms at least,
or until the incumbent gets tired." Dr. Dunn.
Dr. Marvin Dunn: You have that, Mr. Mayor.
Mrs. Dougherty: Mr. Mayor and Mr. Commissions, there is no requirement for a
referendum if there is less than three, so long as there is a fair market
67
December 10, 1987
return on the bid, so you can have less than three, so long as there is a fair
market.
Mayor Suarez: That's the alternative is so long as there is a fair market
return.
Mr. Plummer: Let me ask one other question for the future. Does it establish
the procedure to establish what is a fair return?
Mrs. Dougherty: The Charter does not. The appraisers, obviously, are
charged with that responsibility.
Mr. Plummer: But, I mean, is it based on the appraisal as 10 percent, or 8
percent?
Mrs. Dougherty: It is based on the appraiser. -
Mr. Plummer: But, who makes a determination? The appraisal says that a
property is "X" number of dollars. What is a fair return? It is what the _
market would bear, I guess. Is that a 10 percent return, a 20 percent return?
Mr. Odio: (OFF -MIKE) The appraiser tells you what the fair return... —
Mr. Plummer: Right, and in this case, what you are saying is, because to me,
10 percent is a fair...
Mayor Suarez: Wait a minute now, that is a good point. Wait, wait, no, no, —
the appraiser doesn't tell you what a fair return is.
Mr. Gilchrist: No, he did. We asked for that.
Mr. Odio: Yes, we did. -
Mr. Gilchrist: And the appraiser did give us fair return, and there were two _
numbers, based on that particular use on the property.
Mayor Suarez: Based what discounting factors, or return, percentages, or
what?
Mr. Gilchrist: What the market should do.
Mr. Odio: What the markets would do.
Mayor Suarez: What the market is. Otherwise, did he include it in an
economic analysis of that sort?
Mr. Gilchrist: Well, to the extent that the appraiser did that, yes.
Mayor Suarez: Well, but appraisers usually just appraise the value of the
land.
Mr. Plummer: What was his numbers?
Mr. Gilchrist: One was three hundred and sixty-two and the other one was
under three fifty. Three fifty one and three sixty two, or some number like
that. I don't have them, but...
Mr. Plummer: And the appraisal of the property was $3,500,000?
Mr. Gilchrist: Yes.
Mr. Plummer: How close were the two appraisals?
Mr. Gilchrist: One was three hundred and fifty, and the other was three sixty
two, in return.
Mr. Plummer: No, no, the appraisal of the property.
Mr. Gilchrist: I believe they were the same. It was within dollars, you
know, so...
68 December 10, 1987
Mr. Plummer: Mr. Manager, reading from your backup material, would you
expound on your statement that says that there are a number of inconsistencies
between the written description of assumptions and the projected financial
statement. It does go on to say, "It does not appear that correction of these
inconsistencies would cause Dinner Key Boatyard to exceed its proposed bank
borrowing limit of $1,500,000." But, what are the inconsistencies that you
are speaking of?
Mr. Odio: Just a minute. Well, the ones that we found, as not fully
complying was that we didn't have market assessment information to validate
assumptions supporting the financial projections. This information should be
developed by an independent third party, and we want that.
Mr. Plummer: Excuse me, you do not have it?
Mr. Odio: No, we do not have that, and we...
Mr. Plummer: So, how do you come about of determining a fair return without
that analysis?
Mr. Odio: No, we have a fair return by our appraisals. They have to
determine through the market analysis, whether the project that they are
proposing is feasible, and they should do this before we sign a contract. We
want to see that.
Mr. Plummer: And that is one of the provisions you are asking for.
Mr. Odio: The question that you just asked, I am going to have the CPA answer
that, because that is an exact quoting from their report. If you may, please.
Mr. Tom Bradley: My name is Tom Bradley, I am an audit manager with Arthur
Anderson and Company and we charged with the responsibility for reviewing the
proposals. This statement here as to inconsistencies has to do with the
proposal that was submitted by Dinner Key Boatyard. Within that proposal,
there is a cash flow analysis, a ten year cash flow analysis, and there is
also a list of written descriptions as to the amount of income that each one
of the revenue centers will generate, capital costs, operating expenses, and
that sort of thing. The inconsistencies here relates to inconsistencies
between the written description and written assumptions - for example, capital
costs. There might be an indication that seawall repair might be $510,000.
The cash flow forecast would indicate that it would cost $520,000, let's say,
to do the seawall repairs. Those are the nature of the inconsistencies
between the written description and the cash flow forecast for ten years, that
was prepared.
_ Mr. Plummer: Let me ask this question, maybe not of you, maybe it should be
of the Manager. Mr. Manager, to what... John, you can answer... to what of
the requirements that they would be required to do, is it spelled out
completely, because what we have is in a brief form. Let me just use one -
addition of new Marina facilities. Is the document which you have worked
from, clearly delineate how big that new facility will be?
Mr. Odio: Yes, sir, we have the drawings from them, and we will hold them to
that, and that will be part of the contract that we would, if you want me to,
negotiate and make sure that it is all spelled out in that contract.
Mr. Plummer: All right now, the other question that I have, I guess, based on
what the Mayor said previously, if in fact, a default were to occur, what
control do we have over those improvements which they make, if in fact, we had
to recoup?
Mr. Odio: Well, the improvements that are made to the property will remain
there, since they are part of the property...
Mr. Plummer: I understand that, but the question that I am asking...
Mr. Odio: ... and we at that moment take over the operation of that marina...
Mr. Plummer: Yet, we have no control over the cost or design or anything of
what improvements are being made on that facility. In other words, you know,
some people choose to ride in a Chevrolet and it gets you there, and others
choose to ride in a Cadillac or a Rolls Royce. Now, you know, if the City has
69 December 10, 1987
to buy back a car, the City, with its pocketbook, is going to buy back the
Chevrolet. But, you are telling me, we will not have any control whatsoever
of those $4,500,000 improvements.
Mr. Gilchrist: One of the requirements that are stated by the Manager is the
provision of complete plans and specifications, quote, construction documents
by licensed architects and engineers for all work performed and upon this
site. We haven't entered into the contract, but obviously the City is going
to have approval of every step along the way...
Mr. Plummer: And the cost... approval and...
Mr. Gilchrist:... and that is why... that is one of the reasons they wanted
the one...
Mr. Plummer:... cost factor.
Mr. Gilchrist: Yes, that's why we wanted the money placed up front, so that
we allow those payments on an orderly fashion, based on the design.
Mr. Plummer: OK, in other words, you will control the cost factor as well as
design.
Mr. Odio: Yes, sir.
Mr. Gilchrist: Intention, sir.
Mr. Odio: And that's why we wanted the money deposited there, because we know
then that it is in place and it would have to be spent.
Dr. Dunn: Is it my turn, Mr. Mayor?
Mayor Suarez: Dr. Dunn.
Dr. Dunn: My name is Marvin Dunn, I am the president of Dinner Key Boatyard,
Inc. Mr. Mayor, and members of the Commission, we understand the reservations
the Manager has. This piece of property has been allowed to deteriorate over
the last few years, and it is in desperate need of rehabilitation. We are
committed to rehabilitating that property. Our company feels however, that
for the City to require us to rush into doing it, at a pace that would
jeopardize our ability to make a profit so that we could run this operation in
a reasonable fashion could be a problem. We are willing to work with the City
in making the improvements to the property that you require. We are willing to
work with the Manager to develop a time table that would be acceptable to him.
We do have reservations at this point, though, with this escrow business, and
I should also add that our bank is getting increasingly nervous, because they
didn't understand this to be a part of the deal going in. We...
Mayor Suarez: It was not part of the RFP?
Dr. Dunn: That was not our understanding. This seems to be a new
requirement. Each...
Mr. Odio: If I may, Dr. Dunn, can I...
Dr. Dunn: Yes, sir.
Mr. Odio: You said that you want the business to generate the funds and then
be able to do the renovations.
Dr. Dunn: No, no, that...
Mr. Odio: That is not the intentions of the RFP. The intention was that you
would spend out of your own pocket $4,500,000. We do not want you to use the
cash flow of the business to create capital improvements.
Dr. Dunn: No. The other point I wish to make is that each of us is putting
up a minimum of $25,000 out of pocket. We are risking our own capital in this
venture, and we agree with you, Mr. Mayor, that $750,000 up front from us
ought to be sufficient evidence to the City to agree that the management of
this company is committed to running this boatyard profitably.
70 December 10, 1907
Mayor Suarez: What, if any amount to be placed in escrow might be acceptable
to you to assure at least compliance with some of the items that would have to _
be done the first year?
Dr. Dunn: It is not just a matter of having it be acceptable to us. It has
to be acceptable to investors and also to our...
Mayor Suarez: Well, from your projections, how much do you expect to spend in
capital improvements the first year, do you know that?
= Dr. Dunn: One...
Mr. Ronald Falkey: About $1,300,000.
Mr. Plummer: Let me ask this question. How many years are you proposing to
acquire the property for? Is it 25?
Mr. Falkey: The RFP limits to the year 2012.
Mr. Plummer: 25 years?
Mayor Suarez: If you are going to spend $1,300,000 in improvements the first
year, would it not make sense for the City to require that you somehow prove
to us whether it be in escrow, or by your own capital funds contributed by
stockholders, or whatever, that you do have the full $1,300,000?
Mr. Falkey: Again, the RFP requires bonding for all of the projects that are
going on to protect the City's interest, so some of this $1,300,000,
obviously, is in establishing the profit centers, which is necessarily
required to move ahead with the total project, but the 48 months, $4,500,000,
is what we propose to do.
Mr. Odio: See, I agree with that if.....
Dr. Dunn: The other point I think needs... excuse me, Mr. Manager. We have a
very delicate project here, and all of the pieces must fit together properly
for this plan to work. We had to find investors who were willing to wait six
years for a return in order for this work. We had to find profit centers that
we thought would make the kind of money that would allow us to operate this
venture. So, I am concerned that at this juncture, to start changing major
pieces of what's happening could jeopardize the effort.
Mayor Suarez: What is your intention vis-a-vis, or in relation to the paid in
capital of $750,000, as far as the first year. Does that... do you expect to
keep that as a fund set aside for possible operating losses, or what do you
expect to do with that?
Mr. Falkey: No, we expect to... that would be the first monies to be used,
because we won't have to pay interest and we won't be drawing down as much on
our revolving account.
Mayor Suarez: I see, and you would accept this Commission requiring that that
be fully up front and verifiable prior to, if the Commission were otherwise
disposed to accept your bid. That would satisfy me.
Mr. Plummer: Mr. Mayor, I am ready to make a motion.
Mrs. Dougherty: I have one further clarification, if you don't mind.
Mr. Plummer: OK.
Mrs. Dougherty: Under this recently amended Charter provision, if there are
less than three proposals... you must have three proposals and you must have
less than fair market value. However, if you have less than three proposals
and you still determine that it is in the best interest of the City to enter
into the lease, then there will be a referendum required.
Mr. Plummer: So this would require a referendum.
Mrs. Dougherty: Yes, sir.
Mr. Plummer: That's what I thought. That's why I asked the question.
71 December 10, 1987
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: That's why I asked the question.
Mr. Dawkins: (OFF MIKE) I don't know why
Mr. Plummer: This has not been awarded, Mr. Manager.
Mr. Odio: (OFF MIKE) I know, but I am just asking, because I asked a question
before
Mr. Plummer: I recall discussion at the time that that amendment was placed
on the ballot.
Mrs. Dougherty: I do too.
Mr. Plummer: Would this affect Merrill Steven's project and the discussion
said, "If it is awarded prior to its passage, it does not. If it is awarded
after, it would be subject, if it passed, to those regulations."
Dr. Dunn: It is our view that the ordinance passed after this process was
spelled out and began.
Mr. Plummer: Well, no, it has not been awarded. The bid, Doctor, has not
been awarded.
Dr. Dunn: That I understand.
Mr. Plummer: Well, once again, Madam City Attorney, give us your ruling.
Mrs. Dougherty: First of all, there has to be fair market value. Secondly,
there has to be three proposals. However, the exception to the three proposal
rule is that if there is... if you determine that it is still in the best
interest of the City, even though there hasn't been three proposals, you may
send it to referendum and I think that in March is the next one.
Mr. Plummer: OK, so basically, what our steps are here today, is if we send
this negotiation to the Manager, either way, it has got to go to a referendum.
That is the ultimate.
Mrs. Dougherty: That's right.
Mr. Plummer: OK.
Mrs. Dougherty: Your only decision today is to accept this proposal, send it
to the Manager for a negotiation, put it on... and if you get a negotiation
that is acceptable to you, you put it on the ballot in March. The other
option is, of course, to deny both proposals and send it back to the committee
for another recommendation.
Mr. Plummer: Yes, but then, if you deny both proposals, they would have to go
through an entirely new bidding procedure, correct?
Mrs. Dougherty: No. If you deny both proposals and send it back to another
review by the committee, they can propose one of the two proposals.
Mr. Plummer: But, the bottom line is still the referendum.
Mrs. Dougherty: Yes.
Mr. Plummer: I'm ready to make a motion any time.
Mr. John Thomas: Mr. Mayor, I am John Thomas, I am the attorney for the
_ Dinner Key Boatyard. I would just like to place on the record that there is
some room for interpretation of the City's Charter referendum, and I think we
can discuss this with the City Attorney's office to resolve the opinions as to
the applicability of the law. I don't really think we need to go into that
here. I think that affects the voting here today.
Mayor Suarez: It doesn't sound like it changes anything if at that point it
would have to go to a referendum.
72 December 10, 1987
Mr. Plummer: It either applies, or it doesn't.
Mayor Suarez: Right.
Mr. Thomas: Right.
Mr. Plummer: It is just that simple.
Mr. Thomas: Right, it doesn't have anything to do with the procedure here
today.
Mayor Suarez: But it doesn't affect the merits of this determination.
Mr. Spencer Meredith: Mr. Mayor and members of the Commission, my name is
Spencer Meredith. I am president of the Grove Key Marina, and I am one of the
people who did not bid on this proposal because we felt the specifications
were too tough and you may recall that I stood up here and said that. I
thought that they were very difficult. It's my understanding that the City
sent out roughly 90 bid packages and you got two replies, the better of which
you are considering today. The point has been raised about some of the
requirements of the UDP, when you only have two responses and the law seems to
say that you need three. In the course of your talk about fair market value,
I wanted to just ask Mr. Gilchrist when those appraisals were done, were they
done recently, or were they done a couple of years ago, and were they done to
include the additional bay bottom?
Mr. Gilchrist: No.
Mr. Meredith: It is included in this...
Mr. Gilchrist: They were done on the current proposal.
Mr. Meredith: They were, and they were... one was for three hundred and
fifty-one and the other was for three sixty-two?
Mr. Gilchrist: I believe that is the numbers, yes.
Mr. Meredith: And both of those are greater numbers than three hundred and
fifty, is that correct?
Mr. Gilchrist: Yes, by one dollar.
Mr. Meredith: But they are greater numbers, just technically speaking.
Mr. Gilchrist: I think we did discuss that with... I'm sorry... the Law
Department and the conclusion was, it was within a reasonable time.
Mr. Meredith: Personally, that is no concern, really, of mine, or I don't
think would be of reasonable people, because the issue is that the numbers are
basically in the ballpark. What I am concerned about, and I am sure that
there are a great many others who are equally concerned, is that the bid
specifications themselves were extremely specific. They were detailed, very,
very detailed. I don't recall ever seeing one quite as detailed as this. It
not only spelled out how many years you would get for how much money - in
other words, we are talking 25 year term here. It said $4,000,000 and it said
$350,000 as the minimum annual guarantee to the City - very, very clear on
that. It called for the $4,000,000 to be spent a certain way, $2,750,000 to
be spent on capital improvements and up to $125,000 to be spent on furniture,
fixtures and equipment, new marine equipment, or whatever, very clear on that.
It was also extremely explicit in the term of the contract itself. There is
almost a sample lease in there in the sense that it has headings and
subheadings and it spells out exactly what the relationship is going to be
between the tenant and the City. We think frankly, that it is a very tough
package. We didn't bid on it. Our feeling is this. If you decide to award
it to Dinner Key Boatyard, that is certainly within your privileges and the
only thing we can say is, please, I think you have to ask them to stand by the
_ bid specs. You cannot, in the course of negotiations, in good faith, because
it is a tough thing, to modify the bid specs to accommodate some of the
problems that they may encounter. Whoever gets it has to live by the bid
specs. If they can meet those bid specs, then personally, for myself and I am
sure for many others, all we would say is more power to them, and best wishes,
73 December 10, 1987
and we hope to see you as a neighbor, but those, I think, I have to be
addressed. Thank you.
Mayor Suarez: Spencer. Anyone else? Commissioners?
Mr. Plummer: Mr. Mayor, I... Mr. Dunn, do you want to say something?
Dr. Dunn: I just wanted to add, because our group did agree to this before
coming into the Commission, we have prepared a contract offer, counter -officer
for the City Manager's consideration. I do want to say, though, that if the
Commission decides today to throw this back to the committee and to go to
referendum, it adds a particularly difficult burden on us to try to maintain
the momentum that we have gotten with our bankers and our investors, so it
could be that what you are doing today is killing any possibility of having a
boatyard down there. You don't have a lot of folk waiting to come in and make
an offer to you, given the conditions that you set forth for this, so I just
want to say, we are not sure that we would be able to keep our group together
to come back to you in April or May or June with a proposal. I think that
that should be put on the record.
Mayor Suarez: What you say makes a lot of sense, only two submitted, one was
not accepted by I think 7-0 vote. They still don't have the financing, we are
down to basically one, and from my perspective, we should cooperate with you
to make this a reality.
Mrs. Dougherty: I don't think that you are really set back, because we can
negotiate the contract. In fact, a contract has to be negotiated prior to the
time we put out for referendum. It will take you a couple of months to do
that in the first place.
Di. Dunn: Well, I don't know how Southeast is going to feel about that. All
of that is to be determined. Yet, it does seem to be to us a major setback if
we don't get this resolved.
Mr. Plummer: Doctor, I am also told by the Legal Department that you will
have to waive your right to deviate from the RFP to negotiate and that I would
need, on the record, all of the members of that group to agree to waive those
rights or you can't even negotiate outside of the RFP, which is what is the
Manager's recommendation.
Mrs. Dougherty: The Manager, in other words, is requiring certain conditions
that are outside of the RFP and therefore, we would ask you at this time, to
waive any objections you may have to that deviation.
Mr. Dunn: What is the benefit of...
Mr. Odio: (Off mike) You have to guarantee that the RFP is complied with.
Mrs. Dougherty: (Off mike) You don't want that to be done because you are
requiring more than the RFP requires.
Dr. Dunn: Could we at least present to the City Manager our ideas and
conditions of...
Mr. McElroy: I'd like to make another statement concerning financing. We
- talked about financing here. Basically, no financial institution is going to
go out on a limb, and this came out by the City Manager, that when you discuss
financing with the financing institution, insurance companies, and so forth,
the most that they will do is give you a letter of comfort until the
application is received. OK, this is far as they can go. This came out into
the meeting when Cesar Odio, the City Manager's staff did ask their bank,
their institution, upon financing, if they would commit at that time, right
there. They, you, everybody says we have no financing. We have exactly the
same. We have a letter of comfort from the union. We have exactly the same.
I can't see how the City Commissioner and the City Manager could turn around
and say to us, we have no financing, when our finances are totally in order,
when we also have equity, and we spelled out our equity very open. We showed
the architect, prior to construction, we turned all his fees...
Mayor Suarez: How much contributor capital do you have, when you talk about
equity?
74 December 10, 1987
Mr. McElroy: OK, we would have almost $800,000 in fees and security
participating deposits. We have $260,000...
Mayor Suarez: Wait, that is not cash equity. It is not a stockholder's
equity. You mean fees of members or what?
Mr. McElroy: Let me explain equity. OK, we have, in the beginning of the
project, the architect has to do a set of drawings. This set of drawings has
a fee, it has a value, OK?
Mayor Suarez: You are talking about soft cost type equity, but I meant cash,
capital contributed by stockholders, that is different. They are willing to
post $750,000 cash capital contributed by stockholders. Are you willing to do
that?
Mr. McElroy: We are willing to pledge our fees.
Mayor Suarez: OK, I guess you answered it.
Mr. Odio: That is right, and I also want to say that it was also the
selection committee, and the Waterfront Board that turned you down 7-0, not
me.
Mayor Suarez: We know that too. We take notice of that. Any Commissioner
want to say anything on this. I think I have made my particular intentions
pretty clear.
Mr. Plummer: Again, they are going to have to waive that right, or then they
can't even go into a negotiation with the Manager.
Mayor Suarez: Waive what right?
Mr. Plummer: Then they are strictly...
Mr. Dawkins: The lawyer is trying to say something
Mr. Thomas: Yes, I think it is important to address that issue, that the
bidding procedure is a strange procedure. We have seen other bidding
procedures used in the past. The UDP procedure was used for this project
because it was felt to be appropriate for a project where you have a block of
land that you want to allow creative input from bidders, not to have specific
requirements laid out as to what the City demands and just to see which is the
lower bidder for those apples and apples. So, this procedure is in a
formative stage in a sense, that we've explored what was required by the City
as we have gone along, and we are reaching a new question here today, the
question of whether there should be a waiver of any proposal, and I think that
we have to say at this point that our proposal is what we are here for today,
that we have come here under a procedure which requires the proposal goes
through a series of steps for evaluation of that proposal and at the end of
that, it seems to me that the Commission decides that one of the proposers is
the favorite proposer, or none of them are, as the case may be, and from
there, the person who is the accepted proposer goes to the City Manager for
the negotiation stage, but to ask us to say anything about waiving, or
deviating from our proposal, is to say that somehow this process is now being
diverted, that we are now going under the process that we have arrived today.
Mr. Odio: Mr. Commissioner...
Mr. Plummer: You can't have your cake and eat it too.
Mayor Suarez: Well, what is the waiver? I am confused as to the waiver being
requested. What is the waiver?
Mr. Odio: That they allow us to enter into negotiation.
Mr. Plummer: That they allow the Manager to deviate from the RFP to
negotiate with them. Short of that, the Manager is bound to only negotiate
that which is within the RFP.
Mayor Suarez: As to what issue? I don't understand.
Mr. Plummer: Well, the issues that he has brought out.
75 December 10, 1987
Mr. Odio: The qualifications that I brought out in my memorandum, and that
point, Mr. Mayor, and if he is holding up to that...
Mayor Suarez: Well, the only one you have a problem with, I think, is the one
of the escrow requirement, right?
Mr. Odio: Well, whatever, but I...
Mr. Dunn: Yes.
_ Mr. Odio:...at that point would say that I cannot recommend either one of the
projects and that they both be rejected.
Mayor Suarez: OK, I gathered that you were going to say that.
Mr. Thomas: We have no problem going forward with negotiations, that is part
of the procedure, but we don't want to say that we are now venturing on to a
new project.
Mayor Suarez: All right, let's... I'll do it this way. I move the acceptance
of this proposal with all of the provisions in the recommendation of the
Manager, with the exception of the escrow requirement, and understanding that
your $750,000 paid in cash capital must be up front and verifiable.
Mrs. Kennedy: It has been moved. Is there a second? Is there a second? For
the third and last time, is there a second to the motion? Motion fails.
Mayor Suarez: OK, we have tried one expedient, let's see what the next one
s, is.
Mr. Plummer: Mr. Mayor, I came here with the intent of moving the Manager's
recommendation. At this particular point they will not waive their rights and
so the Manager has said that he will not recommend either. His recommendation
is that both proposals be thrown out, and I so move.
Mayor Suarez: So moved.
Mr. Plummer: I'm bound by the Manager's recommendation.
Dr. Dunn: Mr. Mayor, may I say something?
Mayor Suarez: We don't have a second, but go ahead, Doctor, and see if you
can clarify this, or...
_ Dr. Dunn: Rather than jeopardize this procedure and this effort, we would
waive those rights at this point.
Mr. Plummer: If he is willing to waive those rights, my motion then, Mr.
Mayor is that we accept the Manager's recommendation and that we send it to
him for further negotiations to report back at a later date to this
Commission.
Mayor Suarez: So moved.
Mr. Plummer: That also provides for the legal counsel to get together with
the City Attorney to discuss the issue in reference to the referendum.
Mayor Suarez: Which would have to be done in any event, if they were
accepted, OK. I will second that motion.
Mr. Dawkins: What is the motion?
Mr. Plummer: Motion is to accept and follow the full dictate of the City
Manager's recommendation.
Mrs. Kennedy: It has been moved and seconded.
Hearing none, please call the roll.
Any further discussion?
76 December 10, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1115
_ A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER FOR THE SELECTION OF THE DINNER KEY BOATYARD
— MANAGEMENT COMPANY, INC. PROPOSAL FOR THE PLANNING AND
DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT (UNIFIED
DEVELOPMENT PROJECT) OF APPROXIMATELY 12.57 ACRES OF
CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2640 SOUTH
BAYSHORE DRIVE FOR A FULL -SERVICE BOAT YARD, MARINA
AND ANCILLARY MARINE -RELATED FACILITY; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO
NEGOTIATE A CONTRACT WITH DINNER KEY BOATYARD
MANAGEMENT COMPANY, INC.; REQUIRING THE CONTRACT TO
INCLUDE CERTAIN TERMS AND CONDITIONS (MORE
PARTICULARLY DESCRIBED HEREIN) AND TO COMPLY WITH CITY
MINORITY PROCUREMENT PROGRAM ORDINANCE REQUIREMENTS;
AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE
NEGOTIATED CONTRACT TO THE CITY COMMISSION FOR
CONSIDERATION AND APPROVAL BY THE CITY COMMISSION
PRIOR TO THE EXECUTION OF SAID CONTRACT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
O Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Based on the fact of Dr. Dunn speaking for the group, waiving
those rights, I vote yes.
----- ----------- ---------------------------------- ---------- ------------------
27. AUTHORIZE PURCHASE OF FOUR PARCELS FOR THE MODEL CITY C.D. TARGET AREA
FOR DEVELOPMENT OF AFFORDABLE HOUSING TO LOW AND MODERATE INCOME
FAMILIES.
------------------------------------------------------------------------------
Mayor Suarez: Item 61, and then we break for lunch until 2:00 o'clock. I said
2:30 p.m. before, it should be 2:00 p.m.
Mr. Plummer: OK, I just don't know that I can be back by 2:00 p.m. I'll try.
Mr. Jerry Gereaux: Mr. Mayor, we are asking for the Commission's
authorization to acquire four parcels, single family lots in the Model City
area.
Mayor Suarez: Is this part of the seven...
Mr. Gereaux: Yes, it is to implement fee, the scattered site and home
development.
Mayor Suarez: Why are we doing four instead of all seven?
Mr. Gereaux: No, this is not the seven. This is for four lots we are
acquiring.
Mayor Suarez: They don't belong to Athalie Range, do they?
77 December 10, 1987
Mr. Plummer: If the four parcels are...
Mr. Gereaux: I believe she is the owner of record on one.
Mr. Plummer: If the four parcels are bought, what is going to happen with
them?
Mr. Gereaux: What we will be doing is building affordable single family homes
on them and selling them and recouping the costs of the land.
Mr. Plummer: We will recoup the cost of the land?
Mr. Gereaux: Yes, we will.
Mr. Plummer: OK.
Mr. Gereaux: The Commission has already decided on that.
Mr. Plummer: I move item 61.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Before we vote... Mrs. Range?
Mrs. Athalie Range: I think it has to be made clear, Mr. Mayor. My name is -
Athalie Range, for the sake of the record, and I reside at 5727 NW 17th
Avenue. The question you asked forces me to answer. You asked did the
properties belong to Athalie Range.
Mayor Suarez: I said it in jest, and I am...
Mrs. Range: Even so, I would have it made very clear here that one, a 50 foot
lot, is my property, nevertheless I was contacted by the City of Miami for the
purchase of that property and I consented. However, if it disturbs the City
to any extent, the property can sit there as it has sat for 25 years without —
being sold. That really does not matter to me. What I would like to have
placed in the record is that the fact that that area is in such a dilapidated
=
situation, the need is so great, and I feel that this City Commission of the
City of Miami would do itself well to vote on these properties to have them
improved, and it is just like a soul that has committed a sin and gone to
purgatory. That's what this looks like out there and you all voting favorably
on these properties today would be... -
Mayor Suarez: Now you are sounding Catholic again!
Mrs. Range: ... a part of the ransom for your release from purgatory for what
this Commission did to that particular area of the City of Miami, more than 25
-
years ago. So pleased be assured...
Mayor Suarez: How many days off do we get from purgatory?
Mrs. Range: Not very many!
Mr. Plummer: (Off mike) Where is the possible or potential conflict? I don't
think that...
Mayor Suarez: No, no, you know, the only thing that disturbs...
Mrs. Range: I just want to have it clear, I don't want anybody to come two
weeks from today and say, "Athalie Range profited"
Mayor Suarez: I was saying it in jest, but now that you... no, no... now that
you told me, I will tell you the next that I will not take you out of turn,
because you do have an interest in this matter.
Mr. Plummer: Athalie, as long as you are not...
Mayor Suarez: Call the roll!
78 December 10, 1987
4 •
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1116
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE
FOUR (4) PARCELS (PARCEL NOS. 02-05, 02-06, 02-07 AND
02-11) LOCATED WITHIN THE MODEL CITY 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.)
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.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Yes, and I don't care how many days of purgatory you take offl
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:01 P.M. AND RECONVENED AT 2:07 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONERS KENNEDY AND PLUMMER.
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28 CONTINUED DISCUSSION AND BRIEF CLARIFICATION COMMENTS ON PREVIOUSLY
PASSED AGENDA ITEM 2 REGARDING ACCEPTANCE OF BID OF GREATER MIAMI
CATERERS, INC. FOR MEALS AT 6 DAY CARE CENTERS. (SEE LABELS 5 AND 47)
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Mayor Suarez: 2:00 o'clock item, which could take a little bit of time,
hopefully not.
_ Mr. Dawkins: Mr. Mayor, before we do that... Al Howard. Mr. Mayor, Mr.
Howard and Rose have said that it creates a problem for them not be able to go
ahead with the bid this morning for the food services, that the senior
citizens and others would not be fed, so for that reason, I would like to
withdraw my motion to continue and move it, with the understanding that I will
get with him on the next...
Mayor Suarez: That item was... what was the number of the item, Al? Item 2,
we have a motion to approve the recommendations and award the contract. Do we
have a second?
Mr. De Yurre: I'd like to know who the officials are in that corporation. I
just hate to see corporate names popping up here and not knowing who is really
running the show.
Mayor Suarez: Good point. Who are the principals? - officials, somebody that
gives us a feel for who they are?
Mr. Al Howard: Olmo, Luis Olmo, is the owner and executive director.
79 December 10, 1987
Mayor Suarez: Local? Is he local, do you know?
Mr. Howard: Yes, he is, they are local. He is the owner of the Miami
Catering.
NOTE FOR THE RECORD: COMMISSIONER PLUMMER ENTERED THE MEETING AT
2:12 P.M.
Mr. Plummer: What are we talking about?
Mayor Suarez: We are talking about item 2 that Commissioner Dawkins had
concerns about...
Mr. Dawkins: Item 2.
Mayor Suarez: ... a contract for food provision.
Mr. Plummer: Oh, this was the Red Road property?
Mayor Suarez: Olmo is the only name you can give us? No other names are...
Mr. Howard: I will have to get some more, but he is the main executive. I'll
get the names to you.
Mr. Dawkins: All right, well let's hold it up until you get the information
back to Commissioner De Yurre before this afternoon and then I'll move it.
Mr. De Yurre: I'd like to know, you know, who is the president, the vice-
president, who is involved in that corporation.
Mayor Suarez: Please.
Mr. Dawkins: I'll move it this afternoon.
Mayor Suarez: Great.
Mr. De Yurre: And in fact, I'd like to have that information pretty much on
all items that we get because, you know ABC, Inc., doesn't say...
Mayor Suarez: We do that on zoning cases and on major UDP's and major
projects, we always find out who the principals are. Corporate entities don't
mean anything to us.
Mr. Plummer: I hope that this, whatever you are doing, doesn't preclude the
survey that we asked to do of the people that receive bids and why they did
not. I would like to see this particular case, a copy of the specs, I would
like to see a copy of the... the list of who it was mailed to, and then I
would like to see all replies mailed back, I'd like to see the answers.
29. DESIGNATION OF THE NATIONAL INVESTIGATIVE PANEL REPORT REGARDING
FINDINGS AND RECOMMENDATIONS FOR THE FIRE DEPARTMENT.
Mayor Suarez: OK, a report, Doctor?
Mr. Plummer: What number are we on now?
Mayor Suarez: It is a 2:00 o'clock item, report on the firefighters.
Mr. Plummer: 64?
Mayor Suarez: 64. I don't want the gentlemen to have to wait, coming from
out of town and being consultants.
Mr. Frank Sands: Mr. Mayor and members of the Commission...
Mayor Suarez: I said gentlemen. Are there any ladies member of the panel?
80 December 10, 1987
Mr. Sands: No, of the seven members of the panel, we have only three here
today. We have Mr. Squire Padgett, an attorney from Washington, D.C. We have
Vic Porter, the assistant city manager, City of Berkeley for public safety,
and we have Dr. Chet Newland, a professor at USC. Dr. Newland will be giving
the overview, the presentation to you today. I am going to be awfully brief
with this and turn it directly over to Chet. Chet.
Dr. Chester Newland: My name is Chet Newland, and I reside in Sacramento,
California. Honorable Mayor, Commissioners, City Manager, I, like the other
panel members, was personally invited by the City Manager to serve on this
panel, and because the invitation came from the professional manager, I
accepted that as did the other members of the panel. I shall summarize under
two major headings, first to comment on the process we follow, and then to the
substance, which is already been presented to you by Frank Sands. The process
was one to continue a long effort in the City of Miami, and moving toward a
tri-ethnic department representative of this community, and at the same time,
maintain a class one department of high excellence and high respect throughout
the country. Consistent with Florida law, all of our meetings were quite
open, except for individual interviews with firefighters. We first came in
May, at the Memorial Day period. We came back in July, and again in September.
On all of those occasions, numerous leaders in Miami, the Chief of the Fire
Department, the leadership of the IAFF, and of others involved, made
presentations before us. The City officers, under the City Manager; Hattie
Daniels, facilitating the meetings; the Chief of the Fire Department; Angela
Bellamy and personnel; provided all of the information that we requested and
we did seek then, using that not to place the situation on hold, but simply to
work with those responsible officials as they continued the positive efforts
of the Fire Department and the City, and sought to reduce the problems. We
think they have accomplished considerably in that regard. With that overview,
I would like now to summarize briefly our findings. First, with respect to
general departmental management, second, the central administration of the
City, and then finally, staffing and other issues. On the general management
of the department, we stress one item, which we can discuss further with you,
and that is what we called, an unmanaged peer community of culture in the
department. To put that in plain English, actions that take the form of
horseplay go far beyond fair horseplay. There is some meanness and there is
some destruction, but that by and large, those are actions of a very small
number of people, and a department where most of the people are exceedingly
professional, well behaved, and providing excellent service to the City of
Miami.
Mr. Plummer: Would you repeat that last sentence, please?
Dr. Newland: Yes, the City of Miami Fire Department is a class one
department. It is performing a service to the City that is highly respected.
It has won a nationwide reputation, but the misbehavior of a few,
particularly, as dramatized and horseplay, this goes far beyond the bounds of
reasonable, good natured horseplay to meanness to racism, interferes with the
accomplishment, and we may want to come back and talk more about that. We can
cite several examples. Unfortunately, some of those key examples occurred
just before the naming of the new Fire Chief, Chief Duke, and has prevented
some of the positive efforts of the department in the last few months to
resolve the few problems and continue to move positively forward. We
discussed work force assignments and we did discuss those adverse actions. We
do find some disproportionate impact of adverse actions on minorities, and the
Personnel Department and the Fire Department has continued to work to resolve
those. We do find that the EOAA management within the department, below the
top level, often is not accepted, excepting as something externally imposed
upon them. The Chief, when he first entered office, sought to move toward
some inter -group training, personal training, to deal with that issue. At
that time, he was unable to find funds for that purpose, and we find that it
is quite urgent that actions be taken along the direction the Chief has
sought, in order to incorporate Affirmative Action, (EO), as a positive aspect
of the entire department. I will skip for just a moment then, to the central
administration, of the leadership of the City of Miami. We do suggest a
reaffirmation by the Commission of the Affirmative Action effort and
consistent administration of the program centrally in order to be sure that
those within the department and those that they depend upon at staff levels
understand that this continues as a priority. From the City Manager's letter
to me before I agreed to be involved, I know that that does continue to be a
high priority at the top, but nonetheless, it has not been clear and it has
not been consistently perceived by some key personnel at other levels, and
that needs to be handled.
81 December 10, 1987
Mayor Suarez: At what levels, specifically, Doctor?
Dr. Newland: Within the department, below the Chief's level.
Mayor Suarez: How far down would you expect that that would be clearly
understood and implemented?
Dr. Newland: It must come to be understood all the way through the
department, that it is a matter of a shared responsibility of the entire City.
That really was much of the purpose of Chief Duke's proposal for training and
inter -group actions. He has subsequent to the time...
Mayor Suarez: Is there any specific level at which you find resistance in
that filtering down to the officer on the street?
Dr. Newland: Al the way from, in a few instances, shift chiefs, down to
working firefighters, but again, I would want to emphasize where I started
out - the overwhelming preponderance of people with whom we met were quite
positive, quite constructive and were focusing on the functions of the Fire
Department. The problem is, that in several key, important instances, those
positive efforts have been undermined, they left a climate of racism, a
climate of anger, and that simply must be overcome. Getting to the core of
it, much of the anger stems from promotional staffing, and I do want to
comment on that just very quickly. On staffing, we focus on three issues:
one, entry level staffing; second, promotions; and third, the driver exams.
At the entry level, we note, over and over again, that Miami has succeeded far
beyond what most cities have in moving toward and 80 percent staffing of
minorities and a tiny hand full of females.
Mayor Suarez: Why is driving considered such a bonus, or such a favorable
job. It doesn't carry any higher pay, does it?
Dr. Newland: It carries a little bit better pay and also is an influential
status position. When we talked with many of the working people within the
department, officers, and fire fighters, we found that it is a respected
position, it is one to which many aspire and...
Mayor Suarez: Is there a term applied to it, the driver, other than driver?
Dr. Newland: Say that again, please. I'm sorry.
Mayor Suarez: Is there a term applied to other than the driver?
Dr. Newland: Yes, by and large we would be calling it an equipment operator,
driver position, and we do identify it in our report as a equipment operator,
and that does carry a slightly higher pay.
Mr. Dawkins: OK, I understood you to say that. Miami has done well on an
entry-level. Would you repeat that so I can be sure I get the same?
Dr. Newland: Yes, let me complete that, because while they have done
extremely well, in terms of moving in recent years toward 80 percent staffing,
-i the great problem is illustrated by positive actions that Angela Bellamy and
the Chief and others took with the City Manager this summer, after we were
well into the report. That is, we have not had high success in recruiting
minorities and others within the City, and we have not had targeted efforts of
collaboration between the Department and between the Fire Department and the
Personnel Department. That was extensive before this summer. While this
particular panel was doing its work, however, we would want to know that the
three departments most responsible did collaborate to alter the recruitment
method, following many of the recommendations that we had made. In short, Mr.
Commissioner, I think it is important to note that the leadership of this City
did not sit around until after today to start acting on what we recommended,
and we didn't want them to. We didn't come in as an investigation panel to
find fault. We wanted to facilitate resolving the problems and moving
positively forward, and the leadership has done that. I would still want to
know however, that some ambiguity is present, that when explanations of
expectations of the Fire Department are given, that delay occurs while people
continue to sort that out and try to get clear definitions, clarity of
definition and consistency of definition is crucial, and we did not find that
that was present.
82 December 10, 1987
Mr. Dawkins: Well, if it... what you say in your search, that the individual
failed to want to understand clearly the directions given, or that the
individual might have just deliberately not carried through on the directions.
Dr. Newland: In some instances, to be sure, we found that individuals would
of course, seek ambiguity, where it was not present, to a reasonable mind. We
should note however, that make some specific recommendations, too many to go
through here, but just one example, we should think that Miami will be
successful, if it more clearly defines as one of the performance evaluation
criteria for key officers in the department, their performance on EO
Affirmative Action, including, looking at examples of horseplay that go beyond
good humor to plain meanness that is racial in character. That is not easy to
carry out, but it is clear in purpose and it is easier.
Mr. Dawkins: Why isn't it easy to carry out?
Dr. Newland: It is not easy to carry out simply because it is a hard issue,
but it is easy to carry out in another sense, that it...
Mr. Dawkins: OK, all right...
Dr. Newland:... it is easy to carry out in the...
Mr. Dawkins: If it is policy that you don't do this and you violate the
policy, then you are dismissed.
Dr. Newland: That's right.
Mr. Dawkins: It is easy to carry out, OK?
NOTE FOR THE RECORD: Commissioner Kennedy entered the meeting at 2:20 p.m.
Dr. Newland: Yes, in that sense. If I can give examples, when I wrote a
large... one major part of our Federal civil service law, and when we did that
in 178, we simply put the requirement in that this is a critical element, and
short, as you put it, it is one on which a person is dismissed if they don't
perform, and we have made it work. But what I am saying, of course, no one is
going to claim it is easy. If I were to claim it is easy, I wouldn't be able
to compliment Miami for doing so well, at a hard job, but we still want to
emphasize that it has a long way to go, and that is one technical way of doing
it. One other element, Mr. Commissioner, if I could, because we haven't
gotten to one of the big key ones, and I don't want to delay your time too
much. The big issue over which much of the controversy has arisen is
promotional exams and the rule of eight, as we all know, and we do comment on
that one. The clarity of that as the rule to be followed, needs to be
underlined, and the panel would agree with the position that you have just
stated, that it is one that is easy, clearly to state, and easy, clearly to
implement in expectation that no one, of course, would expect it to be one in
terms of an immediate response, but we know from all the experience of these
last... well, since 154, a moving toward integration of this society, that by
changing behaviors, attitudes change. Now, what we have to do, is simply, from
the top down, implement changed behaviors, simply say, this sort of horseplay,
this sort of use of epithets is not permitted. The attitudes then, that are
constructive, will follow.
Mayor Suarez: Are you going to get at some point, and I don't mean to extend
you in any way, but are you going to get to the issue of the placement of
supervisory personnel, such that it seems that non -minorities concentrate in
the south, and minorities concentrate in the north, specifically black and
white, that has happened?
Dr. Newland: The report, on which we all agree notes both positives and
negatives of the assignment process. We noted, for example, first on the
positive side, that individuals have been able to exercise some option as to
where they are assigned. The results of that have been positive in the sense
that bilingual competence, appears to us to exist throughout the City,
particularly in areas where it is crucial, so that if a person has a problem,
they can count on someone showing up for emergency medical or fire service,
who can communicate with them... or on another side, we found for example, one
shift in the north...
83 December 10, 1987
Mayor Suarez: Of course, that applies more to rank and file officers and
- supervisory...
Dr. Newland: Yes, we are going to get... that's the working level, as you
know Mr. Mayor, and that is crucial, you know. Like just one fast aside on
it, at our open meetings, I was very pleased that individuals in this
department from raw boots to the Chief were present, all at one time, with
relatively high openness in that discussion, ladylike and gentlemanly
behavior... oh, a few tempers, now and then, but it was very wide open. And
we need to emphasize at that level, it is from the young boots that we have
been bringing in in the last few years, through the, what I used to call
ladderman, when I was younger, the working fire fighters, that we really have
_ to move up. Our difficulty has been, as we note that when individuals. have
been promoted under the rule of eight, some of them have not found support by
senior...
Mayor Suarez: By the way, on the frankness and openness, I can assure you
that we broke the ice at the Commission hearings that we had on this issue.
Dr. Newland: Yes, we read those and I know they were open as well, but some
of the people who have been promoted under the rule of eight have not had the
consistent support of the subordinates, of people who outrank them by age and
experience, who as journey level firefighters, ordinarily would be giving
strong support to the youngsters who have been promoted to be superior
officers, and yet, when we met with others, large numbers of such senior
people and age do give such support, and clearly the Chief has understood that
and is working on it in his recommendations. We would want to encourage that
to continue. We did, in some instances, meet with shift chiefs whose life has
just been made miserable because they were promoted under the rule of eight.
The dishonor roll and other mean examples have simply disrupted an excellent
department. I don't want to give the opinion that simply the handling of what
has passed for horseplay, when it was not, is the only thing, because it is
not, but that is certainly the most crucial thing up front, that would have to
be done immediately. We have seen it, not just in this department, but in
9 others as well. A small handful of people can poison the appearance of a
department so that its high excellence is undermined.
Mayor Suarez: How much do you think that that results in the fact that these
employees, as opposed to any other departments tend to live together and
instead of having normal shifts like every other department in the City.
Dr. Newland: Sure, that's a large part of it. The firehouse culture is going
to lead to some horseplay.
Mayor Suarez: But, you make no particular recommendation on that, that I
noticed.
Dr. Newland: What we do note, is there is a major difference between
horseplay that is good natured, that is family oriented in the sense of people
living together, and that that goes beyond the pale, to racism, to meanness,
to harassment.
Mayor Suarez: Are we the rule, or are we the exception in having these
1 strange shifts where people have to sleep together, and live together, as
opposed to normal eight hour shifts?
Dr. Newland: You are the overwhelming rule. The only large City with which I
have worked, is my old hometown, Kansas City, Missouri, which did, when Bob
Kept was our manager, move toward a changed scheduling of firefighters. That
is a very complicated change to go through, as Kansas City learned. The
overwhelming majority... Vic Porter can comment on it later, since he has
worked as a leader in fire departments around the country... I would say
certainly over 99 percent, my guess would be, have continued on the present
shift system. We thought in Kansas City that a change was constructive and
_ Bob Kept and the city did pull it off there, but it was not without
difficulties. We did not seek to get into that in this particular report. The
panel as a whole concluded that management of the situation, rather than
laissez faire in leaving hands off, that the horseplay can be ended. We saw
many shifts where it does not occur. At the central department, I met with
one of the very highest ranking chiefs in the department. It is clear that he
and many others strongly support their subordinates, including those who have
been advanced to officer rank under the rule of eight, and that a constructive
relationship is entirely possible.
84 December 10, 1987
Mayor Suarez: Any specific recommendations
of the incidents took place that gave rise t
o
as to station four?... where some
the hearings and your panel?
Dr. Newland: We did highlight in our discussions specific statements. We
did not try to highlight them specifically in this respect. We did recommend,
however, that individuals at working level, and at officers ranks, should be
rotated, particularly in exempt positions. Some of those being prepared for
officers should be rotated in the central offices and that is one of the
better vehicles, certainly for dealing with it, in a...
Mayor Suarez: When you say exempt, you mean, unclassified?
Dr. Newland: Or into the staff positions.
Mayor Suarez: Discretionary?
Dr. Newland: Yes, in the staff positions with the chief. Those have been
used somewhat, but not as extensively at least as I have seen them in other
cities, and that would certainly be one of the easier ways of dealing with
positive rotation. On the other hand, while we are on that, at the working
level again, some minorities find themselves disproportionately assigned to
rotating shifts, rather than to permanent work teams, and it must be
understood, that in an emergency services department, that is tough, because
working with a group as a family is part of what leads to an effective
emergency response, and it does mean that where minorities are
disproportionately assigned to rotating positions, they have less opportunity
to fit into a working team for such effectiveness. It may appear to be a small
item, but it is crucial in the development of an overall professional
firefighting group.
Mr. Plummer: Are you referring to the swing shift?
Mr. Newland: No, I was referring to.... well, I guess some of them would
be... yes, it is swing shift. Yes, it is swing shift. It is a different term
than I use in my city, but it is a swing shift.
Mayor Suarez: Were you able to find any change in attitudes, to measure any
improvements since the hearings that we had at City Hall? Or, is your report
sort of time neutral on that?
Dr. Newland: Yes, let me cite one particular example. As I noted, we had on
three different occasions, with a month apart, had wide open meetings in which
we invited anyone who wished to come in and talk, and we facilitated having
those wide open. On one of them, we met for several hours and the room was, I
suppose, around 50 to 75 firefighters at any one time. Frankly, I thought
that was probably one of the most constructive sessions we had, because quite
senior and quite junior individuals, both in terms of position and age, in
terms of positions on this particular problem were present, and I think many
of them were hearing one another for the first time. In short, for the very
first time, some of the folks who had not gone along with the mean horseplay,
but nonetheless, had not been willing to engage in it, but had gone along with
it in terms of doing nothing about it, were seeing the damage it was doing,
and at the same time, others were understanding where the other groups were
coming from. Frankly, rather than an investigation trying to bring out facts
which would be worked on, what many of us concluded was needed, was a
facilitative process for ongoing change, and if I could go back, say to
i summarize where I started, that may be the most important element of this
report, that the City's leadership, ranging from the Chief to Hattie Daniels
to Angela Bellamy, to the City Manager's office, permitted us to go about
this, not as an inquiry, simply to find fixed facts, but as a process that
would engage in change, where Chief Duke did not wait for things to happen,
but as they came out, worked with people. The president of the Firefighters
met with us two times in open session. At great length he commented to us, as
many other civic leaders did. Those open exchanges, I suspected did as much
to help move toward identification of ways to resolve this, as anything. The
City Manager clarified for us that he had tried to stay out of it so that it
would be a wide open community process. It certainly was that, and the result
was quite positive, I think, in terms of the discussions. To the bottom line
today, however, some actions are still required to clarify the continued
support by the Commission of this policy, by the City Manager, because some
would, as Commissioner Dawkins noted, try to find ambiguity, or ambivalence
85 December 10, 1987
where it is not present must continue to state it very clearly, and then some
specific actions, like dealing with horseplay, with disproportionate impact
and adverse actions, making available of driver positions, understanding of
the rule of eight, recruiting of increasingly competent people, so that so say
out of the 600 or so, who applied for taking the test this August, we can come
up thirty with, who when they are eligible by seniority for promotion will
make those seniority rosters and then the promotion rosters as well. That
will take tracking efforts. Dr. Daniels has prepared, as an example, a
tentative draft, just to show the sort of ongoing process within the
professional staff of the City, so that she, the Chief, and the City Managers
and others can track continued progress on these issues. We encourage you to
do that. Conclusion now. We found that the performance of the Fire
Department in terms of its subsidy functions is outstanding. It is a first
rate department. You come to California, or Washington, D.C., where I live,
you will find that our departments have learned a lot from this one in terms
of construction of high rise buildings for fire safety, and other performance
of subsidy functions. Second, the Fire Department likewise, like the City,
has made considerable progress in terms of entry level recruitment with an 80
percent recruitment of minorities and women, and they merit compliments on
that. Problems remain. Angela Bellamy and others in the Personnel Department
working with the Chief were re -energized this summer to move forward
recruiting within the City to deal with it. The rule of eight will continue
to be a problem and for that reason, strong support by the Manager and the
_ Commissioners for these efforts are required. The one immediate action to get
away from that, which has exacerbated the problems would be for the Chief and
others to have the support for energetic action to return to some good natured
-- family relationships in the fire houses, that will get away from all that
meanness by a tiny few who are destroying the reputation of an outstanding
department.
Mayor Suarez: As I told them before, I don't expect them to act like a
family, just like professionals in a department. It is too much to expect
them to act like a family. I want to ask you one other question. On the
anecdotals, did you make some recommendations on those? Remember the special
term that this department has to refer to personnel files? I believe you did
make some recommendations.
Dr. Newland: You will have to help me... Frank, or Squire, because I am not
following the term.
_ Mayor Suarez: I remember that it came up, they had so many references to
attitudinal observations on the part of supervisors and then when it came down
to actually...
Dr. Newland: Oh, OK, yes, yes, OK, I am following you now, I am sorry.
Mayor Suarez: .... determine what was important and it seemed like two things
were important, being on time for work and being ready for when there was an
alarm, and yet, everything in those files seemed to be subjective....
Dr. Newland: Yes, and...
Mayor Suarez: ... and at the whim of the supervisors, and then they call them
anecdotals to confuse the picture even more.
Dr. Newland: I wasn't following. In terms of the performance appraisals and
adverse actions, Hattie's draft document, working with the Chief and others,
does have specifics precisely on that, of identifying clear criteria, on which
people can agree, that are job related, and job relatedness, after all, is the
bottom line, like going to a fire department in Sacramento, where I live most
of the time, or in Washington, I expect the people to be engaged mostly in job
related activities and without too much mean interaction. A lot of good
friendly, playful interactions are necessary in a firehouse, but should be job
related, at least.
Mayor Suarez: Anything else?
Dr. Newland: Mr. Mayor, I will...
Mr. Odio: Yes, I would like to put something on the record, Mr. Mayor, since
it was mentioned in that report, that number one, I did not meet with the
panel on purpose, since we had Dr. Sands that was hired to do that, so that
86 December 10, 1987
they could keep a total impartial panel. I didn't want to influence the panel
one way or the other. Two, there was a doubt there where I stood on
Affirmative Action and I gave Dr. Sands the statement that I made the first
time we had a hearing here with the firefighters. I don't want to read it
verbatim, but it basically said, "I support Affirmative Action completely."
Mayor Suarez: Dr. thank you. Anything else? The Commission?
Mr. Dawkins: Yes, I need one question answered. We knew sir, when we called
you in that we had the best damn fire department in the country, we knew that,
but I also knew that there were racial incidents within this department, and I
felt that if they were not checked, it would destroy this good department.
That's why I called for the investigation, to help to see how to diffuse the
situation. Now, you say that the report confirmed my beliefs, whether they
did anybody else's or not, I don't know. The question I have for you or any
- member of the panel is, although you see the progress we made, you see the
progress that is being made, and yet you see the problems we have. Now,
without Affirmative Action, in my opinion, we would not have gotten as far as
we did. Could you comment on that to say if I am right or wrong?
Dr. Newland: Yes, for example, in '77, is when Squire Padgett and the others
were working on your Consent Decree. Your Police Department and others
started moving forward on it. The Fire Department really wasn't affected
until about 182, which means it has only been now about six years that the
Fire Department has been affected by the rule of eight on promotional levels.
Part of that is due to seniority situations, that we had had so few
minorities entering the Fire Department prior to 177, that none was eligible,
or very few were eligible prior to in the early 180's No question in the
mind of this panel, that without the Consent Decree, and the Commission
supported and City Manager supported Affirmative Action program, changes in
the Fire Department would be impossible. And again, that is not because the
overwhelming majority in the Fire Department is not prepared to change. Most,
we found, demonstrate good will, reasonableness, and an intention to move
forward, but the institution requires the law to set that standard, just as it
required us to set the standard in 178 in the civil service reform act in the
U.S. government. We set a very strong one, which altered the behaviors and
the attitudes that followed as a consequence. Certainly, the attitudes that
are positive within the Fire Department of Miami today are in large part
because actions under the Affirmative Action program and the Consent Decree,
have proved highly successful. No other Metropolitan area in the country has
undergone such massive demographic change as this one, and certainly with one
major exception, it has gone through with high quality interaction of the
citizens, and the Fire Department is one of those which institutionally in
every City, would find it most difficult to change and should not be
surprising that it is difficult here. The last six years, though, great
progress has been made in entry levels. Without continuing efforts at the
promotional level, it would be impossible to bring into the office the
leadership of this department, minorities that would represent the demography
of this City.
Mr. Dawkins: Thank you, sir.
Mr. Plummer: Let me ask a question of you. If you would speak to the fact,
f since you are very family with the Consent Decree, and you speak so strongly
i in favor of the Consent Decree, yet this Commission on two occasions of
recent, have been asked, or almost demanded by the Justice Department that the
Consent Decree be dropped. Now, you worked with those people up there and you
know those people, and to be honest with you, I think that is one of the mixed
signals that are coming forth, when the people of that department look, and
they see one segment pushing the Consent Decree and trying, as you probably
are well aware, the Consent Decree calls for 56% goals of minorities. It was
this Commission who set it at 80. Yet, these people in this department
continuously look at the request of the Justice Department to drop the Consent
= Decree. On both occasions, this Commission has refused. I wish you would
speak to that.
Dr. Newland: Yes, the U.S. Justice Department, the Attorney General, Mr.
Reynolds, have represented some effort to change the policy nationally. The
law continues as it was in 177, as the national law continues as it was in
177, despite that shift in political leadership. In many respects, looking at
the positive side of it, it is an effort by many to try to get some reasonable
balance as we continued to move, say from 154 and Brown vs. Board down to the
87 December 10, 1987
present. This panel concluded that in this instance, this City is well placed
in continuing the Consent Decree and that it continues to be the law of the
land, continues to express the general patterns and directions of other major
governments in the country, and certainly continues to be the law, as
expressed by the courts and the statutes, but I am certainly personally
sympathetic with you, the political whims are never difficult... rather never
easy! I was a city council member in a small town and even in that small
town of. 40,000 in Texas, it was tough. I am sure on many of the issues that I
voted 100 percent, my mind was 55 to 45, and your positions are equally tough.
When the leadership at the national level expresses ambivalence at best,
opposition at other times, it makes your life difficult. For all of those
many reasons, we do compliment the City for keeping a relatively stable
course, but that also underlines the reason why the Commission and the Manager
simply have to work at bringing clarity to it, but we appreciate the political
leadership responsibilities that you have, it is very difficult.
Mr. Dawkins: OK, one more question, sir. The Black firefighters felt that
they were being discriminated against, and they decided to challenge it. Then
when they challenged it, the white firefighters decided to kick them out. Did
you address that?
Dr. Newland: We did. In addition to these other issues, we identified two
others. Since labor relations is one of my own specialties, I did virtually
all of the work on Title Seven of the Federal law, I particularly
found it of interest. The IAFF, as the exclusive representative of the
firefighters, has an understandable interest in making sure that no one makes
the error of undercutting their obligations and responsibilities in
representation of the department on collective bargaining issues. We
concluded, after public meetings, in which the professional Black
Firefighters' Association expressed their position, and private meetings as
i well, that the Professional Black Firefighers'Association does not represent a
! rival union, under the meaning of any accepted terms of collective bargaining.
!� It of course, has sought to take action representing the Black firefighters
on other matters, but it is not a rival union. We advised that IAFF, as a
responsible nationwide union of high responsibility, working with Black
firefighters, the Commissioners, the Mayor and the City management, simply
needs to lay that issue at rest. It is exacerbating a problem unnecessarily.
It is creating difficulties where we not only do not need them, we simply are
damaged by them. I think they are quite damaging to the department and to the
firefighters as well. I was quite impressed, I think the entire panel was,
with the quite open presentations by the IAFF president and many of the others
as well, were hopeful that all of those involved will try to resolve that
issue. I certainly can see no grounds for expulsion of the Black firefighters
- from IAFF. They are not representing themselves as a rival union. They are
not a rival union under any definition that I have seen.
Mayor Suarez: Suppose a member of this Commission or the Mayor says that he
refuses to meet with the head of the collective bargaining unit of the City,
as long as they have that policy, of excluding what they consider to be a
rival union, if that person, such as the Mayor, doesn't agree with the union
leader in that determination, would that be legal?
Dr. Newland: As a rule, I don't think it's advisable for either side of a
bargaining relationship to stop bargaining. It's like a marriage, it
shouldn't be broken up easily.
Mayor Suarez: Very wise response.
Dr. Newland: It's necessary to keep that relationship going. We were
impressed that the IAFF leadership has the same difficulties that Commissioner
Plummer noted. It's a hard role to play and that leadership has a heavy
responsibility in keeping a positive mood together. By in large, they're
trying to do that, I think.
Mayor Suarez: It'll be number one item on my agenda in any meeting with the
head of the union in any event, if you say that negotiating is always a good
idea. Anything else?
Mr. Sands: Just one other item. I think what the panel has indicated in the
report and, oh gee, most of our discussions, it's been that these
recommendations now, with findings, are on the street and kind of in the City
88 December 10, 1987
of Miami's court. I think there is consensus among panel members that the
next step becomes very significant. Seems to me that what has happened here
with the recommendations is that we're at a level of generality such that I
think it is required that another level of specificity that works itself into
an action plan be generated from these recommendations. I think the
recommendations are clear enough, I think the findings are dramatic enough and
clear enough that an action plan can be put together immediately to start
working in this direction. I did get a piece from the hearing on March 13th
and I did indicate to the City Manager that I would put this on the record.
It says, and it's Mr. Odio speaking, "If I may, Mr. Mayor, as a point of order
to answer him, yes, I promote affirmative action," and I think he dramatically
indicated that during that hearing. I feel I need to spend one minute longer,
however, to underscore the importance, the significance, the criticality of
moving with affirmative action, moving with equal employment opportunity. I
think the prevailing winds are there and are giving different signals.
However, I believe here in Miami at this particular point in time we're at a
crossroads; crossroads of people to people relationships and I believe that we
have an opportunity here to register the type of achievement that will
catapult the City of Miami into a clear leadership position among cities
throughout this country. We have a study that was done. I think it was done
well. I think the recommendations are clear. But to achieve the goal of
equal employment opportunity within the Fire Department and within the City of
Miami, we cannot wait for the affirmative release offered by the courts in
response to the individual complaints of discrimination. We would literally
be waiting forever. Meanwhile, equal employment could cease to be a public
concern, stereotypic attitudes would continue and social growth would be
stymied. Affirmative action, which, in a sense, is the requirement that the
City of Miami do more by establishing active and progressive egalitarian
employment policies, and this is a vital component to the goal of equal
employment opportunity, at the heart of a good affirmative action program is a
continual self analysis of the City of Miami's work force and potential
applicant labor pools. Each should have demographic profiles as to
identification of race, sex, national origin, age, religion, handicap. Each
identification may take on different emphasis depending on the job or the City
work location or locations throughout the City. If the City's present work
force severely under represents the profile of the available labor pool as it
does, then affirmative action would mean that the preferred hiring of a member
of an underrepresented group is justified. The City of Miami, however, must
be confident that it has hired the best qualified or equal to the best
qualified applicant. By not hiring from the best qualified, does affirmative
title 7 and the new employee or the new promoted employee a grave disservice,
represented by the placement of an unqualified token minority into an
intolerable situation and, in addition, it crushes employee morale, harms
community relation, and perpetuates stereotypes. Underrepresented members in
the City's work force, those who are the victims of past discrimination, can
succeed, if the City of Miami has a comprehensive affirmative action program
and plan affirmatively reaching out through recruitment, training, hiring,
counseling, evaluating, promoting and rewarding. Underrepresented members are
hired be they Hispanic, black, female, handicapped, over the age of 55, you
know, it's not enough to hire or promote and run. The City of Miami must be
equipped to understand the necessary adjustments for the entire work force as
they break new ground. I think this investigative report, having lived with
it, having watched, having observed, I believe serves to enhance such an
understanding. The City of Miami must anticipate and be able to react to
other employee reactions as well as to the new hirees and promotees personal
and professional adjustments. And where the City of Miami, and in particular,
the Miami Fire Department, has made strides to improve work force profiles, it
must not rest on its laurels. The equal employment opportunity officer of
this great City must keep the work force informed of legislative changes as
well as policy changes in equal employment opportunity. And equally
important, the senior and most ruling managers within the City of Miami's
government, must continually demonstrate active support of the affirmative
action program, especially as long as it is court ordered. And I say to each
of you today, let us take advantage of this great opportunity for the sake of
the City of Miami. Thank you.
Mrs. Kennedy; Commissioner Dawkins, did you wish to say something?
Mr. Dawkins (Off mike) Do we have to make a motion or something to accept the
report ?
Mrs. Kennedy; I would like to hear from the Manager what plans he has.
89 December 10, 1987
Mr. Dawkins: But, OK, the only thing I have to say is that I'd like for it to
be perfectly understood and known that this is one vote on this Commission to
continue to follow the consent decree and to fight for affirmative action. I
want that understood that's one vote, Mr. Manager, you've got me.
Mrs. Kennedy:
Mr. Manager.
Mr. Odio: What I'd like to do then is have the office of minority ------- and
affirmative action to get - we're going to work a plan now, with the Chief, on
exactly what plans of action we're going to take. I understand we're going to
have to find some monies for training purposes and I think the Chief might
have to look at his budget to find it there and, otherwise, we will - if you
wish, we can bring back to you a plan of action to be taken where we can
correct the situation immediately.
Mayor Suarez: Anything else from Commission? Thanks to all the members of
the panel. I presume at some point, we may have to get back to you.
Hopefully not. Don.
Mr. Don Teems: Sir. Mayor, Commissioners, Don Teems, I'm president of the
Miami Association of Firefighters. My first reaction is not to respond to the
report. I do laud the committee on the amount of time and effort they put in.
It was yeoman, I can tell you that, I was involved with part of it and they
spent a ton of time trying to figure out what the problems are. I agree with
about probably 70 percent of what the report says. I agree with the horseplay
issue. I think the Fire Chief agrees with that. I think we do all up and
down the line. I disagree with some of the cause of why that horseplay takes
affect. I disagree with some of the conclusions of why, OK, and I don't blame
the black firefighters, I don't blame the white firefighters, I don't blame
the Latin firefighters, I don't blame the women firefighters. I blame this
administration and this Commission. What I'm asking you and I asked you
before, at the public hearing - not this Commission, OK, you know, whenever it
started and the failure to, in my opinion, to address the problem. I think
that's what the Committee's saying. The Committee is saying that we're not
addressing the problem, we're doing it separately. We're not doing it
together. An example, the horseplay, like I said, I agree. Class One Fire
Department, I'm not so sure of that any more and that hurts me to say that. I
think you know that 24 years in the fire service, it really hurts me to say
that but I'm not so sure of that any more. All I know is, that we were rated
a Class One at one time, we've never been rated since. My personal opinion is
that if we got rated today on the same standards that we were rated ten years
ago, we would not be a Class One Fire Department, but it has nothing to do
with this issue. It has something to do with manning, it has something to do
with those kind of issues, not with this issue, not with the quality of people
we have, by the numbers of people we have. In the Fire Service against the
Police Department, we have been slower in effecting affirmative action. The
reason for that is though that we don't have the turnover in the Fire Service
that we do the Police Department. Several years ago, we had a mass exodus in
the Police Department, as you well know. Some of the ramifications of that
are coming out right now and you're going to have to deal with them. In the
Fire Service we didn't have that mass exodus so we didn't have the turnover.
Mayor Suarez: We're having an involuntary mass exodus now in the Police
Department.
Mr. Teems: Yes, we are.
Mr. Plummer: Involuntary.
Mr. Teems: So we didn't have the turnover. At one point, about a year and a
half in that process, we had a hiring freeze if you remember. We had a big
fight with then City Manager, Joe Grassie, about how many people we had to
have on the Fire Department. We had a year and a half with no hiring at all
so we had no affirmative action. We didn't have any hiring. As far as
inhiring is concerned, the consent decree calls for 56 percent. We didn't
disagree with that. All we disagreed with is if you lowered standards to get
that 56 percent. This Commission raised it to 80 percent. We didn't disagree
with that. We said, just make sure you don't lower standards to try to get
your numbers, that's all. Get qualified applicants. We don't care what the
ethnic makeup is of the applicant, get qualified applicants. We don't believe
the City's done that. We believe the City administration, the personnel
90 December 10, 1987,
department, has lowered standards to reach their goals. Now, that is in no
means me telling you that an individual firefighter that was hired under these
new standards is not qualified. I'm not saying that. I'm saying that the
standards have been lowered. The EOAA division, under Dr. Daniels, is -
they're right. The average firefighter, 90 percent of the firefighters in the
Miami Fire Department do not have any faith or any trust in that department
and they won't until we have a different attitude from them coming back to us
as well as vice versa. We believe that that department is biased in their own
right. We believe that.
Mayor Suarez: You know, Don, one comment I'd make on the lowering of
standards allegation you just made is I think you'll be hard put to find any
objective criteria to back that up. I know that to get into the Fire
Department, you have to rate an incredible average in the entrance exams and
if you had given standardized exams to the Firefighters ten years ago and gave
them standardized exams, the ones we're now accepting, I would venture to say
the ones we're now admitting would do better. That would be my guess. Now,
if you have something...
— Mr. Teems: Yes, and, no, I agree with you on parts of what you're saying, OK?
For an example, an EMT certification to be a firefighter. That was not done
when I came on the Fire Department. I had to get that later on, all right.
That's required now so that would make that applicant higher in that level.
I'm not talking about...
Mayor Suarez: Well, in the sheer competition, the sheer competition, I think
for 20 some spots, we're getting how many applications are we getting?
INAUDIBLE RESPONSE
Mayor Suarez: We're getting, yes, and the one time I remember eleven hundred
for like 20 some spots. To even have a chance to be accepted, you had to get
a 93 or 94 or some incredible grade. I can't imagine that those people are
less qualified than they were, those being hired twenty years ago.
Mr. Teems: Well, I'm just telling you that's the belief of the majority of
the firefighters. I'm representing the firefighters, OK, and I'm telling you
that's their belief, all right. And these things you've got to overcome as
well as any other is my point, all right. Whether that's true or not true, we
have to bring it out and show it is or isn't. We haven't done that. The
committee's, I guess basic push to what they feel the biggest problem within
the Fire Service is, the core is in promotions and I agree with that. I agree
with that. The rule of eight is in itself the idea of a rule of eight in
itself is not necessarily what the firefighters are opposed to. What we're
opposed to is how you apply the rule of eight. And if you apply the rule of
eight, against an individual because of his race, creed or nationality, we say
that's wrong. Just like I personally was around when we set up the first
consent decree and I personally was one of them saying, hey, we don't have any
goals in the Fire Service, we don't have affirmative action in the Fire
Service and that's wrong. My position hasn't changed. In 24 years, my
position is exactly the same as it was then; different people, same thing.
Now...
Mayor Suarez: Do you personally believe that the firefighters being hired now
are less qualified than the ones being hired 20 years ago - 20 some years ago
when you came?
Mr. Teems: No, sir, no I don't believe that. No, I'm not saying that. I
clarified...
Mayor Suarez: No, no, I wanted to get your belief on the record so that we
can make sure that the rest of the firefighters...
Mr. Teems: No, I clarified when I said it, I believe standards have been
lowered.
Mayor Suarez: I just asked so that, you know, we can, maybe direct that to
the rest of the firefighters and maybe we can inculcate in them, to the extent
that they follow your opinion and belief that as you believe that the people
are just as qualified now as those being hired twenty years ago.
91 December 10, 1987
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Mr. Teems: Nobody questioning that, Mr. Mayor. The driving, the
classification of driver I've had on the table for probably the last three
times I've negotiated with the City to classify that position. To set up
standards on how you become a driver engineer and let people get on a register
and be promoted off that register to a classified position. I haven't been
able to get that, I've got that...
Mayor Suarez: Do you want to make that a special classification just to say
who drives. I mean, couldn't you do it on a rotating basis or something, I
mean.
Mr. Teems: Well, but, see, that's the problem.
Mayor Suarez: In my house, nobody wants to drive, I don't...
Mr. Teems: No, I agree with the minority groups when they say that a driver
engineer is picked on a selective basis, it absolutely is.
Mayor Suarez: I knew there was a term, I knew there was a term, driver
engineer.
Mr. Teems: Absolutely.
Mayor Suarez: See, that's what I was asking you about. They're full of terms
in this department and some of them are really impediments to logic.
Mr. Teems: No, the committee is right and until you set up some standards,
and the only standard we have in the City of Miami to do that with is the
classification of some sort, is set up the standards to get people on that
register in a non bias way, OK, let everybody take the same qualification exam
that everybody else and get on the register and be promoted to that position
off of it, we've got the problem.
Mayor Suarez: But, Don, wouldn't almost everybody qualify to be a driver?
Mr. Teems: No, sir, absolutely not, absolutely not. There's a lot of
r responsibility that goes into that position. A lot of responsibility. You're
responsible for everything on that fire truck. You're responsible for
everybody inside a fire when you're outside controlling the pressures on the
— water. You're responsible. It's a ton of responsibility on that position.
So, no, you have to go to school. You have to pass a qualifying exam, you
have to get on the register. The point is, you don't necessarily get picked
off that register. That's what they're complaining about and I don't disagree
with that.
Mayor Suarez: Driving a fire engine may be something that I'll never
understand but I will tell you that the most sophisticated analyses of driving
automobiles have not been able to determine any way be which you can find in
advance who's going to be a good driver or a bad driver and I've seen those
analyses done by, you know, again, the most sophisticated and complete
analyses and correlations and it just sounds to me like, you know, you try out
one guy and see if he's a good driver and you try out the next. As long as
they're all qualified firefighters and you give them an opportunity, you could
probably even do it on a lottery basis or something. But you want to make it
a classified position which complicates the system.
Mr. Teems: Ten tons of fire truck down Main Street on Flagler Street during
rush hour, is just anybody? Come on, Mayor.
Mayor Suarez: Well, who ever's trained to do it. I'm sure we can train...
Mr. Teems: Give me a break. You want to be out there when they're coming
down the street, just anybody, I don't. You know, they have to be trained.
Absolutely have to be trained. But the point is that what the committee is
saying is that they're picked in a random basis depending on the officer on
that fire truck and they're right.
Mr. Dawkins: Don, if the union felt so strongly that this was the right thing
to do, and that individuals should be trained, why didn't the union go out and
say, hey, look, this is something we've go to do so that we got a legal leg to
stand on. Let's start our own training program and let's get people qualified
who we can say, these are men we got ready for the driver truck, if you felt
so strongly about this.
92 December 10, 1987
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Mr. Teems: I don't understand what you mean. I put it on the table the last
three years.
Mr. Dawkins: All right, well, let me see if I can break it down into little
plainer English. You are the union representative.
Mr. Teems: Absolutely.
Mr. Dawkins: You have to give guidance to the fellows as well as listen to
them. Somewhere along the line, you have what is called, what, an executive
board, administrative board, or what? What is it called?
Mr. Teems: Executive board.
Mr. Dawkins: Executive board. If this executive board had set down and said,
hey, look, we got these guys whom we say - what we know are dangerous to the
City of Miami and they are not qualified to drive these trucks, lets start us
a training program to ensure that for the safety of the citizens of Miami,
we're going to have qualified people on the truck. Now, why we didn't?
Mr. Teems: Commissioner, I didn't say that the drivers on those fire trucks
aren't qualified.
Mr. Dawkins: You said...
Mr. Teems: What I said, no, no...
Mr. Dawkins: OK, OK, all right.
Mr. Teems: What I said was that there's no procedure for selection of 6 those
that are non biased. Selection for those positions.
Mr. Dawkins: No, you just said a truck barreling down the damn streets with
an unqualified person would kill somebody. Now, Don, that's what you just
said.
Mr. Teems: Well, that was response to the Mayor's saying that you don't need
to be qualified.
Mr. Dawkins: Oh, OK.
Mr. Teems: They're being qualified today.
Mayor Suarez: It doesn't mean to say that they don't need to be trained. Let
me just put that in the record. Who ever is selected needs to be trained.
What I meant is that I don't see that, I would guess, that 90 percent of all
the officers in the department, if not a hundred percent, can very easily be
trained to be drivers and this is not something that we should have as a
special classification with all kinds of additional...
Mr. Teems: Well, we can all be trained to be lieutenants, we can all be
trained to be Fire Chiefs.
Mayor Suarez: I am almost ready to say that but I don't think you'd want me
to say that at this point but that may be something that we'll take up
someday.
Mr. Teems: Be my guest. You might as well, the way you're doing it now. The
some kind of allegation or some kind of perception that the union is opposed
to the consent decree is a false allegation. The union signed the consent
decree. We are signatories to the consent decree. What we're opposed to is
the City administration's interpretation of the consent decree. Now I go back
and I know Mr. Pajek does, he was involved with it. That's one of the
problems we had with the panel and no aspersions on the person - you know I
like the person individually but he did work for the Justice Department when
they came down and set up this consent decree and we didn't feel that he
should be on that panel; on a unbiased open panel to hear all the complaints
by any means, but we didn't have any input into that. But, the firefighters
signed the consent decree. What we're opposed to is the City's interpretation
of the consent decree and we did agree to sit down with the City and try to
negotiate a program that we can all live with and that's what we're attempting
93 December 10, 1987
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00h
to do. I believe that if we can do that, we're going to solve our problems,
but it's going to take an awful lot of give on everybodys part. And if people
aren't willing to do that, we're not going to solve it because right now,
we've got hard stands both sides and if we can't sit down and come to a happy
medium, we're going to have chaos and we're not going to solve the problem.
Mr. Dawkins: What would the chaos be, Don?
Mr. Teems: I don't know. But, well, you thought there was enough chaos, Mr.
Commissioner, to call in a panel.
Mr. Dawkins: And also, if I thought I was going to have chaos, I have no
problem with asking the Governor to declare a state of emergency and put the
National Guard in here to fight fires. I mean, you know, I have no problems
with chaos, OK?
Mr. Teems: Neither do we, Mr. Commissioner.
Mr. Dawkins: And if you were telling me that the firefighters are going to
create chaos and that my citizens will be unserved, then I have to ask the
Governor of the State of Florida to declare a state of emergency and bring in
the National Guard to fight fires until we get rid of the chaos.
Mr. Teems: You know, Commissioner, I didn't say that at all. You said it. I
didn't say it.
Mr. Dawkins: You said chaos, you said chaos.
Mr. Teems: I said chaos in the fire stations, absolutely, and that's what you
have now.
Mr. Dawkins: OK, and then I said what I felt about chaos, so that's right,
because you never did define it so I want to make sure that I understand what
we're saying.
Mr. Teems: You defined it, not me.
Mr. Dawkins: Well, I just defined my - I just gave my interpretation of it.
Mr. Teems: I understand that but I don't want you to think and I don't want
this record to think that's my interpretation of it.
Mr. Dawkins: Well, give me your interpretation so that I can get rid of mine.
Mr. Teems: Exactly what you're talking a... exactly for the same reasons that
you brought this panel in here to start with.
Mr. Dawkins: What, say what now?
Mr. Teems: For the same reasons you brought this panel in here to start with,
you thought they were...
Mr. Dawkins: All right, what was the reason I brought the panel in here for?
Mr. Teems: You thought there were acts of discrimination, you thought...
Mr. Dawkins: No, I didn't think, I knew there was discrimination. Let's use
the right verbs.
Mr. Teems: I agree with that on both sides.
Mr. Dawkins: OK, I knew.
Mr. Teems: You know, racism and bigotry don't come in white only, Mr.
Commissioner.
Mr. Dawkins: No, because I've been prejudiced all my life. I ain't got no
problem with that.
Mr. Teems: Then you understand exactly where the Anglos are coming from.
Mr. Dawkins: That's right.
94 December 10, 1987
14
Mr. Teems: Exactly.
Mr. Dawkins: Don, let me tell you this, OK? When this first started, the
white firefighters attempted to form a coalition with the black firefighters
against the Cubans. OK? Now you know that as well as I do.
Mr. Teems: That's a lie, Mr. Commissioner.
Mr. Dawkins: That's not a lie.
Mr. Teems: That's a lie.
Mr. Dawkins: All right, let's both you and I go take a lie detector test and
we'll see.
Mr. Teems: Be my guest, I'll be glad to.
Mr. Dawkins: All right, any time you get ready. Then, when that didn't work
then you went in and created whatever we got now, OK? This has been going on
and on. So now, the thing I'm trying to say, and Don, it's nobody out there
who can solve this better than you, OK? But you can't do it by yourself.
_ Listen to me, OK? Yes, you work for the firefighters, OK, but the
firefighters work for the City of Miami.
Mr. Teems: That's true.
Mr. Dawkins: All right. So, therefore, the City of Miami has a problem. OK?
Mr. Teems: That's what I've been trying to say.
Mr. Dawkins: Now, if we, collectively, don't work together to solve it, then
collectively we're going to destroy it.
Mr. Teems: I agree.
Mr. Dawkins: OK? But once we destroy it, I'm going to be sitting here with
something to put in the place of it because in every revolution is born the
seeds of the next revolution.
Mr. Teems: Oh, absolutely. I agree with that.
Mr. Dawkins: OK, all right.
Mr. Teems: Listen, Commissioner, you and I came from the same back yard, we
understand that. You know, I'm not president of this local for ten years
because I back up from something. You know, I understand what you're saying.
Anyway, what I'm trying to say, I guess, is I agree with about 80 percent of
what the panel says. I didn't agree with the way it was put together. I
think we've got a lot of problems within the City but I think that if you
leave the firefighters out of being able to help direct their own destiny,
that you're not going to solve the problem. That I believe and with that,
it's my intent, and I've been trying to for months and months now, to sit down
with the City and negotiate some kind of an affirmative action program that
doesn't discriminate against anybody. And, until we do that, we're not going
to solve the problem, you know, and we've got to do that but I need your help.
I can't do it - Commissioner Dawkins is a hundred percent right, I can't do
it. Mr. Odio can't do it, this panel can't do it, the firefighters can't do
it. We all have to do it together and you are our leaders. You've got to
help us and all I'm telling you is the same thing that the panel is saying,
only I'm saying it worse than they are, they're saying you got a little
problem. I'm saying it's not a little problem. I wish it was a little
problem, you know, and again, we're trying to do it and I guess in a month or
two we'll be back before you with a contract that, hopefully, will help solve
those things. In the meantime, we need your help. You know, we need your
help to put that together. Thank you.
Mayor Suarez: Thank you for your statement. Anyone else, Commissioners.
Mr. Dawkins: Come on.
95 December 10, 1987
kA
Mr. Ben Boykin: Yes, my name is Ben Boyk and I'm a firefighter at the City of
Miami. I've been there approximately four years. I just heard the president,
Don Teems, state that, you know, that he represent all the firefighters. I
wonder why he didn't address the issue that he's trying to expel all the black
firefighters from the local. Is Mr. Teems here?
_ Mr. Teems: He's exactly right. I had it down here and I didn't get to it.
The issue of the professional black firefighters versus local 587 and the
local declaring that group a rival labor organization, has nothing in this
world to do with black or white. It has something to do with bargaining
rights in the City of Miami. It's our position that - and the first time it
happened, I wrote a letter to the president of the professional black
firefighters and asked him, don't do that anymore because you're interfering
with the terms and conditions of employment under the Florida law, under PARA
dealing with promotions.
Mayor Suarez: Don, let me ask you a question to see if this could possibly be
at least begin to be resolved, do you agree that any group of employees have a
right to associate for whatever cause they want to associate so long as they
don't interfere with your rights as a collective bargaining unit?
Mr. Teems: Absolutely, absolutely.
Mayor Suarez: OK.
Mr. Teems: When the professional black firefighters first were organized,
then, I think Lyons was the president, he came out to a union meeting...
Mayor Suarez: Let me just go to the second question, because it's the one
that...
Mr. Teems: ... explained what they wanted to do and we endorsed the
organization.
Mayor Suarez: This is the one that counts, now, OK, now given that they have
an association, do you agree that it might be worthwhile to sit down with them
and work out the parameters of what you consider to be against your legal
rights as the head of the collective bargaining unit. Do you think that's a
worthwhile effort? You say the City doesn't negotiate with you on affirmative
action, will you negotiate with the Black Firefighters Association?
Mr. Teems: We attempted to do that, in fact, we were supposed to...
Mayor Suarez: When was the last time you did that? I remember the letter
coming in January, 1987.
Mr. Teems: Let me finish, all right. This morning I was supposed to have a
meeting with a representative from the AFL/CIO, a representative from the
Professional Black Firefighters and me. And they called it off. They didn't
want to meet. My point is this, OK...
Mayor Suarez: Why the AFL/CIO? What do they have to do with this?
Mr. Teems: I don't know. '"hey asked me to sit down and meet and try to work
it out and I said absolutely
Mayor Suarez: -If any of you are interested, I'll be happy to meet with you
and the head of the association to begin setting those parameters.
Mr. Teems: Can I finish?
Mayor Suarez: Without the AFL/CIO.
Mr. Teems: All right. The issue is negotiability of promotions. Is that a
term and condition of employment under Florida law? All right, we believe it
is, the professional black firefighters say they didn't negotiate. And that's
a...did you or didn't you? It's not a black or white. What I've said to them
and I've said to them time and time again, if you'll give me a letter like the
City did when we filed an unfair labor practice against the City, they said,
look, I'm not telling you I did or didn't, I'm just telling you that you're
right, you are the bargaining agent and that's all I'm asking for. Just tell
me you won't negotiate terms and conditions of employment. If you'll do that,
96 December 10, 1987
I'll take that back and I believe that the union will absolutely drop all
those, OK... '
Mayor Suarez: Probably that can be resolved in a first meeting because that's
already their legal obligation. So, for them to put it in writing doesn't add
or detract anything so, maybe, if you have the first meeting as suggested,
that could come out of the first meeting.
Mr. Teems: Mayor, we've done that. We've done that for about six months.
Mayor Suarez: OK, I'm suggesting a procedure that might get us to a...
Mr. Teems: OK, now, you know, that's the only thing I can do. OK, at this
point, if I get that letter I can absolutely do that, if I don't, then I don't
have any choice myself.
Mayor Suarez: Yes, but you're - that's not the way to negotiate. You sit
down and you see what would be the first step to be taken from their
_ perspective to show good faith to you and the first step from you to them to
show good faith. And one way to not show good faith is to ask for AFL/CIO or
someone else to be present that has nothing to do with this dispute.
Mr. Teems: No, I didn't ask for that.
Mayor Suarez: Or propose that or, OK.
Mr. Teems: The, no, the - I understand it was the national...
Mayor Suarez: They might want you to take a first step in good faith which is
to revoke your letter of January, for example, saying as of now, you're not
® excluded, now let's talk. I don't know, I mean, it's a matter of discussing
and negotiating.
® Mr. Teems: See, your problem is you're about six months behind. We've
already had those meetings. We've already had tri-ethnic meetings. We've
already had the try to resolve then meetings.
Mayor Suarez: You're saying it cannot be solved?
Mr. Teems: With that letter.
Mr. Boykin: Mr. Mayor.
Mayor Suarez: Everybodys left to their own devices then.
Mr. Boykin: Yes, Mr. Mayor, I sat in a meeting and I sat across the table
from Mr. Teems. Mr. Teems, I wish you would address this, and we asked you
about that and you said, well, you don't think that we can win this thing
speaking of the local 587 and you said, well, I'm going to pursue this thing
anyway because this is what the body want. Did you not say that? Yes, I
think that Mr. Teems also said that he's been a firefighter for 24 years and
he believe, just as he did 24 years ago about the Fire Department, and there's
no way this Fire Department can be ran as it was 24 years ago. And I think
Mr. Teems is one of the real problems in the Fire Department because the union
actually controls what goes on. And when you get to the meetings and Mr.
Teems say, well, I think that this is a rival organization, then all the other
Anglo firefighters are going to feel that we are rival organizations and that
cause hostilities in the Department. And I think that the root of the
majority of the problems is coming from our union. I think that Mr. Teems has
been president of the union for ten years and if there should have been some
changes and if he was going to make any changes, it should have been done.
And they keep saying about, what's being done with affirmative action and
there's no way you can tell me, out of however long we had the affirmative
action thing, that we can only get one, I mean, one black female on the
department. She just got off of probation, you know, a couple of months ago.
There's no way I can buy that. I don't think that the union is doing its
best. I just can't see that.
Mayor Suarez: Thank you for your statement.
Mr. Teems: I'm not going to get into an argument or a discussion like this...
97
December 10, 1987
o
Mayor Suarez: This is like a rebuttal now here.
Mr. Teems: ... yes, the rebuttal. I agree with him on the black females,
absolutely agree with him. The problem is, the City don't give me the right
to hire. That's personnel. I agree with him. He's absolutely right. I
don't have a problem with that at all. But, I did not say, in any meeting
that I thought that the union's position was going to lose. I don't believe
that. I believe that promotions are a term and condition of employment under
the Florida law and I think that is an unfair labor practice against the City
or, if they continue to do it, then that's charges under our international
constitution and bylaws to say you can't do that any more.
Mr. Odio: But, Don, just as a point of record, they have never negotiated
with me who they can negotiate with about anything. So I don't know why you
keep saying that and I told you that and...
Mr. Teems: I keep saying that from a phone conversation I had with you when I
was in Tallahassee.
Mr. Odio: ... and you got a letter from me stating clearly that we recognized
you as a bargaining unit
Mr. Teems: Absolutely.
Mr. Odio: I don't know what the problem is. I think you are creating
another one by maintaining the posture you are and...
Mr. Teems: Well, let me ask you something. See, you got a charter, the City
of Miami. You have to live by it. We've got a constitution and bylaws. It's
not mine. It's set up by the International Association of Firefighters, that
we have to live by.
Mr. Odio: No, but let me clarify. The call to Tallahassee was to tell you
that I did not accept the recommendation of the then Chief of the Fire
Department that wanted to promote an all Anglo group. That I was going to
junk that and I was going to promote some blacks, and I did that. So, that's
for the record. They had nothing to do with the black firefighters
negotiating anything. When it got to my desk, it was me who decided to change
_—_
that without any negotiating so I don't know why you keep...
Mayor Suarez: And you know, in my case, I've talked quite a bit to black
firefighters in the City who, presumably, are member of the association and
they've never even told me that there was an association. They've always
negotiated on their own behalf, on their own issues which they have a right to
—
do....
Mr. Teems: Absolutely.
Mayor Suarez:..obviously, and, you know, if that helps you in any way in your
argument with them, they have never came and said, we represent X number of
individuals who are members of this association and, therefore, we can put
pressure on you. It's always been, here's my case, here's what's been done to
me, you know, do you think this is fair or whatever, so that's another example
of how they have not tried to supplant you as the negotiating...
Mr. Teems: If that's true, if that's true then the union will lose their
,i
case. I don't believe that's true, Mr. Mayor, OK.
Mayor Suarez: Well, I'm giving you one example.
Mr. Odio: But why divide the department? Why keep dividing the department?
Why can't you just drop the thing and go on about the business of running
your...
1 Mr. Teems: If I got a letter, if I've got a letter like I got from you.
Mr. Odio: You don't need a letter from me...
Mr. Teems: Oh, yes, I do.
Mr. Odio: I'm telling you that they have not negotiated.
98
December 10, 1907
Mr. Teems: I'm sorry. I'm sorry, I do. I do need a letter.
Mr. Odio: Then, my friend, you have to be responsible for your actions.
Mr. Teems: OK, you're right, you're right, absolutely.
Mayor Suarez: OK, we're back to the same point that we said before, everyones
left to their own devices then on this issue and it's...
Mr. Teems: Yes, I'm afraid so.
Mayor Suarez: OK, thank you, Don. Last statement.
Mr. A. J. Hunter: Yes, sir. My name's A.J. Hunter, I'm a City of Miami
firefighter, I work at station nine. I think we're getting off the subject
here. The subject is discrimination and we're talking affirmative action and
equal opportunity employment. Now, the fact hasn't really come out here that
these programs are discriminating against white, Anglo male, qualified
firefighters on the promotional test. We have no problem with the promotion
of blacks, women, the hiring of Hispanics, but there comes a problem when you
take - I take a lieutenant's test and I'm the highest on the list and you skip
me for that position and you give someone that position because of their race,
that is not equal opportunity and that is not fair, that's not equal. And
that is the basic problem we have here and I don't think that the panel has
addressed it. That is the problem and no ones addressed it here.
Mayor Suarez: The problem is, the other side of the coin, and I admit that
that's certainly one side of the argument. The other side of the argument is
that there is no way to correlate you being number one in that exam until
you're being someone's who's going to do a good job if you're promoted.
Mr. Hunter: OK, I agree...
Mayor Suarez: And there's all kinds of other criteria to be applied and we're
trying to apply them.
Mr. Hunter. I agree with that. I agree with that, but the only other
criteria that seems to be applied here is race and I don't think race is a
qualifying factor for someone's qualifications to be a lieutenant. It's not
_ my duty to come up with a plan for this, but I would make the suggestion to
the City that we find a way and one of those ways, I would think, is to send
qualified applicants for the position to a school to teach them leadership, to
teach them these abilities.
Mayor Suarez: Or to an assessment center.
Mr. Hunter: Right.
Mayor Suarez: Let me ask you a question, have you met with your union
president and discussed these other alternative ways of achieving the same
goals?
Mr. Hunter: Right, I've met with Commissioners to discuss this...
Mayor Suarez: That's not my question though. Have you met with Don? Have
you proposed these different ways?
Mr. Hunter: ... and I have met, I have brought it up at meetings, you know...
Mayor Suarez: Because I have always said to the union, for myself, if you
come up with a better plan, I'd be very interested in it and I know the
Manager's looking for a better plan. We haven't found one.
Mr. Hunter: The only thing that we have to watch out for is we have to watch
out for subjectivity, OK? It has to be an objective test. It has to be
objective because if we get into subjectivity, you know, you're going on
anecdotal records, anecdotal records are subjective. It depends on where you
are as to what your supervisor thinks of you and if your supervisor doesn't
like your anecdotal is going to show that.
Mayor Suarez: Yes, the problem is though that the subjectivity in the
preparation of the exam and the determination that says that if you do well in
99
December 10, 1987
this written exam, that means that you're someone who's going to do a good as
a lieutenant, captain, etc.
Mr. Hunter: Right, but...
Mayor Suarez: So that subjectivity is built in and...
Mr. Hunter: OK, that subjectivity's built in but we could also go to another
system. Well, we get a group of professors, college professors, qualified
persons to make up a test that is non biased. That everyone will agree to is
non biased...
Mayor Suarez: You mean a written test?
Mr. Hunter: A written test.
Mayor Suarez: Well, there's all kinds of other avenues. I mentioned once
that the county for a police captain had a system of citizens who interviewed
and I participated in one of those panels. It made up 25 percent of the
overall grade and it worked awfully well. And it was subjective now. In here
at least subjective.
Mr. Hunter: Right, but once you get onto the subjective, I like you, I don't
like you. I mean, that's just not fair either. We have to have objective
standards for everyone to meet. We can't have a standard that says, you're an
Anglo male, your standard is 98. You're a black male, your standard is 82.
You're a woman, your standard is 76. Everyone has to be brought to the same
standard to be equal and to be fair. And that's the problem we have here.
Mayor Suarez: I agree there's a problem with that.
Mr. Hunter: There's a big problem and that's...
Mayor Suarez: And I also again tell you that if you have not devised a better
system that has been proposed to me, I have proposed one three or four times,
let's see if we can, someday, get to it.
Mr. Hunter: I've talked to Commissioner Kennedy and I've talked to one of
your aides many times and I brought up these problems and I've tried to find
some solutions to them, but I can't do it. I'm not a Commissioner, I don't
have the power. All I can do is...
Mayor Suarez: That's why I asked if you had spoken to your union president
because he's got a lot of power and he deals with this all the time.
Mr. Hunter: He has a lot of power too and I have spoken with him. I've
spoken to him, I've spoken to Shorty Bryson, I've spoken to Lou Kickasola, but
_! the thing is, until we find a way to do this, there are going to be problems
in this department. I no way condone harassment of anyone, but I will not sit
back and let my opportunities go out the window because I happen to be the
wrong color, the color of the day. What we have here now is we have a system
that picks the color of the day and we're going to promote so many of these,
so many of these, so many of those.
Mayor Suarez: Well, just so you know, that until we find a better system,
this is the one that we've instituted and that's the one we're going to abide
by, just so you know that.
Mr. Hunter: Right. And it's the wrong system.
Mayor Suarez: OK.
Mr. Hunter: Thank you.
Mayor Suarez: Anyone else? From the Commissioner, OK, we go back - thank you
again to the panel... yes.
- Mr. Dick Porter: Dick Porter, Assistant City Manager, Public Safety,
Berkeley. I'd like to make one comment quickly. Don Teems alluded to the
fact that perhaps the selection of Squire Padgett was a bad one in that he may
be biased because he worked for the Department of Justice. I'd like to make
=.1 note of the fact that I didn't know Squire until I came here and after
100 December 10, 1987
observing his performance, I think probably the Commission could not have made
a better choice. He's extremely non biased and very penetrating in his
questions in order to search for the truth so I hope the Commission realizes
that.
Mayor Suarez: Last statement.
Mr. Howard Davis: My name is Howard Davis.
Mayor Suarez: Absolutely last state...
Mr. Davis: My name is Howard Davis, I'm an ex -firefighter of the City of
Miami.
Mayor Suarez: Give us an address or some place we can reach you, for the
record.
Mr. Davis: 773 N.W. 78 Street. The problems that the Commission mentions is
that - is some of the problems that are related to the problems I had on the
Fire Department and that is the harassment and I received some punishment from
the Chief at the time that I was on the Fire Department. The harassment was
of a personal nature and I got into a couple of fights about it and I recently
reapplied for my job and I wrote a letter to Chief Dukes about being
reinstated on the job. Chief Dukes cited these punishments as reasons for my
not being reinstated on the job. What I'd like to do is meet with some of the
City Commissioner's aides, possibly to get my records, point out what could be
beneficial...
Mayor Suarez: Possibly get your records? You have an absolute right to your
records as far as I know.
Mr. Davis: Oh, OK, then get them. For me to get them and then sit with...
Mayor Suarez: You have an absolute right as far as I know.
Mr. Davis: What I'd like to do is meet with each of your aides so that I
could maybe come to some kind of determination.
Mayor Suarez: Certainly be interested in hearing from you directly. We may
have gotten correspondence from you because I've sent some memos to the Chief
in these cases that people have tried to reapply. Apparently, he does have
quite a bit of discretion but I'd be interested in your case myself and I know
the rest of the Commission would. Thank you.
Mr. Davis: OK, thank you much.
30. BRIEF MENTION BY VICE MAYOR KENNEDY REGARDING UNIVERSAL DECLARATION OF
HUMAN RIGHT SIGNED 39 YEARS AGO.
Mrs. Kennedy: Mr. Mayor, before we start with the agenda this afternoon...
Mayor Suarez: Madam Vice Mayor.
Mrs. Kennedy: ... let me just take one second to say that today marks the
anniversary of the Universal Declaration of Human Rights that was signed 39
years ago. Last week I went with the Mayor to Washington and on behalf of the
Soviet Jews, thank you, who seek to exercise their human rights to worship and
to emigrate and last week I met with Commissioner Dawkins and some Haitian
leaders who seek the right to vote peacefully and establish a democracy.
These two groups of people are fighting for the same basic human rights
establishing that Declaration and I just wanted to take a moment to remember
that this Declaration is a very important document that should be followed by
all nations and we should be cognizant of the - of protesting and fighting for
human rights whenever and under whatever political regime they occur.
Mayor Suarez: Pablo. Since you made reference to the Declaration of Human
Rights, how many years ago was it?
101 December 10, 1987
40
r
Mrs. Kennedy: 39.
Mayor Suarez: United Nations. I just want Pablo - I want everyone to know
that Pablo's father was Cuban ambassador to that delegation that passed the
Universal Declaration of Human Rights to the United Nations. I don't think
the U.S. ever signed it though.
Mr. Pablo Cisneros: No, it was signed back in 1951, something like that. My
father was the co-chairman with Mrs. Roosevelt, she was the chairman.
Mayor Suarez: Did the U.S. ever sign it?
Mr. Cisneros: That, I don't know. I don't think it was signed at that time.
Mayor Suarez: Anyhow, the rest of us ascribe to it, including Bob Liff who's
back in town, I see, God knows doing what mischief.
NOTE FOR THE RECORD: Item 40 was not taken up.
------------------------------------------------------------------------------
31. APPOINT CERTAIN PUBLIC MEMBERS TO THE CIVIL SERVICE BOARD. (NOTE:
APPOINTED WERE: GERALD SILVERMAN, CHARLENE HILL, GEORGE H. ADAMS.)
------------------------------------------------------------------------------
Mayor Suarez: Item 41.
Mr. Odio: This is to appoint four members to the Planning Advisory Boards.
Mayor Suarez: We got a Carollo, Plummer, Dawkins appointments. The
incumbents are listed there.
Mr. Odio: Aldo Gomez is incumbent, Pedro Lopez, Jorge Pedraza, and Herbert
Lee Simon.
Mr. Plummer: No, the first one is zoning, isn't it?
Mr. Odio: Item 41, right?
Mayor Suarez: Forty one, Maritza Perez Carollo, Commissioner De Yurre, do you
have any?
Mr. Odio: I'm sorry, I'm sorry, I was reading from the wrong...
Mr. Plummer: Forty-one is Civil Service.
Mr. De Yurre: Yes, we're talking about the Planning Board now? What are you
talking about now?
Mr. Odio: Civil Service. Civil Service. I stand corrected, Civil Service.
Mayor Suarez: Civil Service Board, three appointments.
Mr. Plummer: Who are the members that are up?
Mrs. Kennedy: Who are the members?
Mr. Odio: You have Maritza Perez, Gerald Silverman and George Adams.
nominations were from Carollo, Plummer and Dawkins.
Mr. Plummer: I'll renominate Gerald Silverman.
Mrs. Kennedy: Good.
Mayor Suarez (Off mike): Do you want some suggestions?
Mr. De Yurre: Yes, I do.
Mayor Suarez (Off mike): Do you want some suggestions on yours?
Mr. De Yurre: Suggestions?
The
102 December 10, 1987
Mayor Suarez (Off mike): On yours?
Mr. De Yurre: I have one. Miss Charlene Hill.
Mr. Odio: To replace Maria, that's OK, Charlene Hill.
Mayor Suarez: Who's the nomination, Commissioner?
Mr. De Yurre: We're talking about now the Civil Service Board, right?
Mayor Suarez: Right.
Mrs. Kennedy: Civil Service Board.
Mr. Plummer: Correct.
Mr. Odio: Civil Service.
Mr. De Yurre: OK.
Mayor Suarez: We have Gerald Silverman being renominated, Commissioner
Plummer's appointee.
Mr. Plummer: Yes, sir.
Mr. Odio: And you have Charlene Hill to replace Maritza Perez.
Mr. De Yurre: Replacing Maritza Perez.
Mayor Suarez: OK. Another nomination, Charlene Hill.
Mr. Plummer: Who does the other one belong to?
Mayor Suarez: Commissioner Dawkins is missing. Let's take a vote on those
two.
Mr. Odio: Commissioner Dawkins.
Mrs. Kennedy: I move it.
Mayor Suarez: Moved, do we have a second?
Mr. Plummer: Second.
Mr. De Yurre: Second.
Mayor Suarez: Any discussion? Call the roll. Commissioner Dawkins
appointment reserved.
Upon motion duly made by Commissioner Kennedy and seconded by
Commissioner De Yurre the above nominations were approved 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: Do you want to renominate George Adams as long as we just did
there?
Mr. Dawkins (Off mike): Yes.
Mayor Suarez: I'll entertain a motion to reappoint George Adams, Commissioner
Dawkins appointee.
Mr. Plummer: Move it.
103 December 10, 1987
t r
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1117
A RESOLUTION APPOINTING THREE PUBLIC MEMBERS TO THE
CIVIL SERVICE BOARD OF THE CITY OF MIAMI, FLORIDA.
(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.
NOTE FOR THE RECORD: Item 42 was deferred until after item 43. (See label
33)
------------------------------------------------------------------------------
32. APPOINT CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD. (NOTE:
APPOINTED WAS: LORENZO LORENZO-LUACES.)
Mayor Suarez: OK, item 43 then, Zoning Board, Commissioner Dawkins.
Mr. Dawkins: I did not get my applicant's name in although I notified, got a
concurrence with him that he would serve, so I'd like to reopen...
Mayor Suarez: Reopen as to your appointment.
Mr. Dawkins: ... reopen as to my appointment.
Mrs. Kennedy: I'm ready for mine, I'd like to nominate Pat Skubish.
Mr. Plummer: Whose are they? They're Dawkins...
Mr. Odio: It's Dawkins, Mayor Suarez, De Yurre and Kennedy.
Mr. Sergio Rodriguez: Mayor Suarez, Victor De Yurre and Commissioner Kennedy.
Mr. Plummer: So everybody but myself has an appointment there.
Mr. Rodriguez: On the Zoning Board, yes.
Mr. Plummer: All right.
Mayor Suarez: OK, I renominate Lorenzo Luaces.
Mr. Rodriguez: The person that was mentioned by Commissioner Kennedy is not
among the members so you have to wait to readvertise - reopen.
Mayor Suarez: We have to reopen and republish as to Commissioner Kennedy's
appointment and the same with Commissioner Dawkins.
104 December 10, 1987
t
Mr. Plummer: Have to reopen, the same as Dawkins.
not go through the process.
Mrs. Kennedy: Oh, I see.
Mayor Suarez: We've got...
Pat did not apply and did
Mr. De Yurre: Mr. Mayor, we have for the Planning and Zoning, do we have to
pick from applicants in this process?
Mayor Suarez: Yes, if they have not applied, we have to republish and then
get new applications.
Mr. De Yurre: Well, then, I would like to republish.
Mayor Suarez: The same as to Commissioner Victor De Yurre's so the only one
we can reappoint today is mine and I'll so move.
Mrs. Kennedy: Second.
Mr. Plummer: Second
Mrs. Kennedy: Oh, well, you moved it and...
Mayor Suarez: Any discussion? Call the roll. Lorenzo Luaces.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1118
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS ON THE ZONING BOARD OF THE CITY OF MIAMI,
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.
33. APPOINT CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD.
(NOTE: APPOINTED WERE: PEDRO LOPEZ AND HERBERT LEE SIMON.)
-------------- ---------------------------------------------------------------
Mayor Suarez: Now, you wanted to see if I was going to reappoint him, I know.
Mrs. Kennedy: OK, then I...
Mr. Plummer: No, that was not the point. No, the one I'm concerned about,
and I'll put right on top of the record, is Willy Gort. I think Willy Gort
has been a fabulous member of that committee. Now, he was not, obviously is
not going to be reappointed by any of the three.
Mr. Dawkins: He's not going to be reappointed by Miller Dawkins and I'm the
one who appointed him.
Mr. Plummer: That's the name of the game.
105 December 10, 1987
Mr. Dawkins: OR, all right, and then that's - OK.
Mr. Plummer: Now, then I do have an appointment on the planning.
Mayor Suarez: You got it. Item 42.
Mr. Plummer: And for that reason is why I asked you to take 43 first because,
then I will make my nominee on the Planning Board Mr. Willy Gort.
Mr. Rodriguez: Mr. Plummer...
Mrs. Kennedy: OK, but before we continue then...
Mayor Suarez: OK, you'd have to republish as to that, I think.
Mr. Rodriguez: Same thing.
Mrs. Kennedy: Right, so I...
Mr. Plummer: No, he applied for both, didn't he?
Mr. Rodriguez: No, he applied only for the Zoning Board.
Mr. Plummer: Well, I thought I saw where he did for both.
Mr. Rodriguez: No.
Mr. Plummer: OK, so then readvertise.
Mrs. Kennedy: Readvertise.
Mr. Plummer: There's more than one.
Mayor Suarez: Any other incumbents?
Ms. Hirai: You withdraw Mr. Silverman then.
Mr. Plummer: I have to withdraw it because he was not gone through the
process and he'll go through the process.
Ms. Hirai: Yes.
Mayor Suarez (Off mike): You're going to reappoint Herbie Simon?
Mr. Dawkins: Yes, yes, um hum.
Mr. Rodriguez: The other appointments on the Planning Board for Commissioner
Kennedy, Commissioner De Yurre and Commissioner Dawkins.
Mr. Dawkins: I reappoint Mr. Simon.
Mayor Suarez: Renominate Mr. Simon. We have a motion. I'll second or anyone
second.
Mr. Plummer: Wait, we're going to do all of them together?
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion?
Mrs. Kennedy: Yes, let's do it altogether.
Mr. Dawkins: All right, let's do them altogether, OK.
Mrs. Kennedy: Yes, I appoint Pete Lopez.
Mayor Suarez: Oh, OR, I didn't know there was anyone else ready to do their
appointment. Reappoint, is that...
Mr. Dawkins: OK.
Mrs. Kennedy: No, new appointment.
106 December 10, 1987
Mayor Suarez: I'm sorry, OK, Pete Lopez. That's not the same as Pedro Lopez?
Mrs. Kennedy: Oh, I'm sorry, yes. Yes, yes, yes, OK.
Mr. Rodriguez: Is the same but it was under another Commissioner before.
Mayor Suarez: OK, it was De Yurre's appointment so you're nominating him as
your appointment?
Mrs. Kennedy: Right.
Mayor Suarez: So we have Pete Lopez and Herb Simon. Anyone else?
Mr. Plummer: Well, the only one...
Mayor Suarez: And reserve as to the other appointments and republish.
Mr. Plummer: And De Yurre still has an appointment.
Mr. De Yurre: Well, we're talking about what, the Planning?
Mayor Suarez: Planning now.
Mr. Dawkins: Planning.
Mr. Castaneda: Planning Board.
Mr. Plummer: Planning.
Mr. De Yurre: OK, we have to republish again.
Mr. Plummer: OK.
Mayor Suarez: Republish as to De Yurre's and Plummer's, otherwise I have a
motion and a second. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-1119
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS ON THE PLANNING ADVISORY BOARD OF THE CITY
OF MIAMI, FLORIDA.
(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.
107 December 10, 1987
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34. ESTABLISH "STANDING PARK ADVISORY BOARD" - APPOINT MEMBERS. (NOTE:
APPOINTED WERE: FREDDY SANTIAGO, ANNIE BETANCOURT, THOMAS CARLOS, T.
WILLARD FAIR AND BEATRIZ DE YURRE - ALTERNATES: ALAN WEISBERG, ANNE
CHAPMAN WILSON, ESTHER MAE ARMBRISTER, EMILIO LOPEZ AND ENRIQUE SALUM.)
Mayor Suarez: Item 44. What does this mean? Does this mean I have, for
example, one appointment and two alternates?
Mrs. Kennedy: Are we reappointed the...
Mr. Odio: It means you have one appointment and two alternates.
Mrs. Kennedy: OK.
Mr. Odio: It means that...
Mayor Suarez: And Kennedy has two alternates?
Mr. Odio: Commissioner Kennedy has one and two alternates.
Mrs. Kennedy: One appointment and one alternates, no? Two alternates?
Mr. Odio: Commissioner Plummer has one and one.
Mayor Suarez: We did one appointment each and two alternates? Is that what
that's supposed to mean? Who knows about the Park Advisory Committee?
Somebody back there...
Mr. Plummer: Tell me who was my appointment?
Mr. Odio: Your appointment was Thomas Carlos.
Mayor Suarez: I don't remember ever...
Mr. Dawkins: I didn't make none. I didn't make any.
Mr. Plummer: Tom Carlos. That's the board that was going around doing the
public hearings in behalf of the money.
Mrs. Kennedy: Yes, for the parks.
Mr. Odio: That's the neighborhood...
Mr. Dawkins: Oh, yes, yes, that's right...
Mayor Suarez: And Tal Fair was yours.
Mr. Dawkins: Tal Fair is mine, that's right, OK, no problem.
Mr. Odio: That's correct.
Mayor Suarez: Commissioner De Yurre has one appointment.
Mr. Plummer: And they asked that they be continued or at least the committee
be continued to monitor in the future.
Mrs. Kennedy: Right. How come I only had one appointment and one alternate,
Mr. Manager and now I have two alternates?
Mayor Suarez: No, it shows two for you.
Mr. Odio: Two. You have two. You have one appointment and two alternates.
Mayor Suarez: And two for me, but I don't understand why.
Mrs. Kennedy: OK, I'd like to reappoint Annie Betancourt...
Mayor Suarez: For your regular member, right?
108 December 10, 1987
Mrs. Kennedy: ... and for my regular member and Ann Wilson as one of my
alternates.
Mr. Plummer: I'll go again with Tom Carlos. Who was my alternate?
Mr. Odio: Armbrister.
Mr. Plummer: Yes.
Mr. Odio: Armbrister.
Mayor Suarez: I'll renominate - OK, you've got Esther May Armbrister?
Mr. Plummer: Yes.
Mayor Suarez: I'll renominate my regular and Alan Weisberg as my alternate.
I have no idea why it says two there. I don't think we ever meant to do that.
Mr. Odio: You had Ann Chapman before.
Mayor Suarez: I don't even know Ann Chapman.
Mr. Odio: Fine.
Mayor Suarez: I don't know that we ever meant to...
Mr. Dawkins: Ann Chapman here was nominated by Vice Mayor Kennedy.
Mayor Suarez: Well, it's apparently...
Mr. Dawkins: According to this for an alternate.
Mayor Suarez: I'm sure we didn't mean to have two alternates.
Mrs. Kennedy: There was one alternate.
Mr. Odio: OK, fine, we'll leave it as one. Just name one.
Mayor Suarez: It has to be one alternate. OK, I've renominated both my
regular and alternate. The same with both of you?
Mrs. Kennedy: Right.
Mayor Suarez: Any other nominations we can take up at this point?
Mr. Dawkins: Yes, I renominate the same...
Mayor Suarez: Commissioner Dawkins. OK. You've got Emilio Lopez as
alternate and T. Willard Fair as regular. Commissioner De Yurre needs both a
regular and an alternate.
Mr. De Yurre: Yes, as regular, I nominate Beatriz De Yurre.
Mr. Plummer: Who?
Mrs. Kennedy: Who, your wife?
Mr. De Yurre: And as... De Yurre...
Mayor Suarez: Sounds like your wife.
Mrs. Kennedy: Your wife?
Mr. De Yurre: Sounds like her, eh?
Salum.
She is. And as an alternate, Enrique
Mr. Plummer: You're appointing your wife to a board?
Mr. De Yurre: Yes.
;, 109 December 10, 1987
Mr. Dawkins: He wants to give her something to do, there's nothing wrong with
that.
Mr. De Yurre: She keeps me under control.
Mayor Suarez: This is like the day the state...
Mr. Plummer: Yes, well, I guess you can. Well, when my daughter...
Mrs. Kennedy: My daughter, your daughter and son...
Mayor Suarez: You know what this...
Mr. Dawkins: It's not paid, it's a not paid.
Mayor Suarez: You got your daughter all over the place.
Mr. Plummer: No, but Rosario did my daughter and I did her son, I guess we
really didn't have to do that.
Mayor Suarez: And you guys are practically family. You live next to one
another. This reminds me of the day that on a jury, the State Attorney came
up as one of the persons selected for a jury. And, of course, both attorneys
moved to exclude her and on the argument that she could not serve on a jury,
which is totally incorrect under State law and she had to correct both the
judge and both attorneys. And she sat on that jury, I think. Anyhow...
Mr. Dawkins: There's nothing wrong with this, is it, Madam City Attorney?
Mrs. Dougherty: No, sir.
Mr. Dawkins: OK then.
Mr. De Yurre: No.
Mayor Suarez: OK, do you have an alternate too? What was the alternate?
Mr. Dawkins: (Off mike) Even though you've researched it, you ought to ask.
Mr. De Yurre: Enrique Salum, S - A - L - U - M.
Mayor Suarez: OK, all of those nominations in the form of a motion and a
second.
Mr. Plummer: Move.
Mayor Suarez: Moved. Do we have a second? Somebody second.
Mr. De Yurre: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1120
A RESOLUTION ESTABLISHING A "STANDING PARK ADVISORY
BOARD"; APPOINTING CERTAIN INDIVIDUALS TO SERVE ON
SAID BOARD; AND SETTING FORTH THE PURPOSE AND FUNCTION
OF SAID BOARD.
(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:
F
110 December 10, 1987
r
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, that Chairman of that committee, by the way, I think gave
the best report that I've heard here in many years by an ad hoc committee of
the City. Even if he is missing a lot of hair on top of his head.
------------------------------------------------------------------------------
35. NAME NEW EXHIBIT SPACE AT THE MIAMI CONVENTION CENTER THE "MIAMI
CONVENTION CENTER EXHIBIT HALL".
Mayor Suarez: Item 45.
Mr. Plummer: What's recommended? What's recommended for 45?
Mr. Tony Pajares: Riverfront Hall, Commissioner.
Mr. Plummer: Riverfront what?
Mrs. Kennedy: Center?
Mr. Tony Pajares: Hall.
Mr. Plummer: Riverfront Hall. Isn't that going to be confusing? Wouldn't it
be better to go with Miami Exhibition Center?
Mr. Odio: That covers the whole building.
Mrs. Kennedy: Wasn't it Riverfront Center?
Mr. Tony Pajares: No, just a hall. We're just trying to name the hall.
Mr. Odio: There's only one hall out of a whole building, Commissioner.
Mayor Suarez: It's just the exhibit space.
Mr. Tony Pajares: That's correct.
Mr. Plummer: Well, let me ask you a question. Why do we have to name it at
all? I'm just thinking, Riverfront Hall is going to be confusing to people
that think its a different facility because it's a different name.
Mayor Suarez: Well, this is just an internal name, right Tony?
Mr. Plummer: Why not just the Exhibition Center.
Mr. Pajares: Pardon me, sir.
Mayor Suarez: This is an internal name. This won't be on the outside
anywhere?
Mr. Pajares: No, it will be printed on the programs of the meeting planners.
Mr. Plummer: Oh, yes, all new stationary, all new signs. Why not just make
it the Exhibition Hall of the City of Miami...
Mrs. Kennedy: Yes.
Mayor Suarez: There is no stationary of the exhibit facility yet.
Mr. Pajares: Commissioner, it's just the name of that room, that's all we're
trying to do.
111 December 10, 1987
t
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Mr. Plummer: Why? Why do you have to give it a special name?
Mr. Pajares: Because we hold exhibitions also in the ballroom and in other
areas.
Mr. Plummer: It is the exhibition hall of the City of Miami University of
Miami James L. Knight International Center.
Mr. Pajares: OK.
Mr. Plummer: I think if you give it a...
Mrs. Kennedy: After all that time looking for a name.
Mr. Plummer: And I'm just thinking, it's going to be confusing otherwise.
Mayor Suarez: How about Miami Convention Center Exhibit Hall?
Mr. Pajares: We can just leave it as exhibit hall, if you want. Some
advertising firms have recommended that we give it a name.
Mayor Suarez: Why not Miami Convention Center Exhibit Hall?
Mr. Plummer: Yes, that way they got more money to spend to advertise a
different product. Without it, they don't have any advertising dollars.
Mr. Pajares: It's your choice.
Mr. Plummer: I'll make a motion we name it the City of Miami, University of
Miami James L. Knight International Exhibit Center.
Mr. Dawkins: You cut some off and you got me. It's too long, J.L.
Mrs. Kennedy: Yes, sounds good to me, I'll second that.
Mr. Pajares: Just Exhibit Hall is what...
Mr. Plummer: What?
Mr. Pajares: Just Exhibit Hall of the outside, right, please?
Mr. Plummer: Fine.
Mrs. Kennedy: Well, that would...
Mayor Suarez: That's descriptive, you don't even need a motion on that if
you're going to call it the Exhibit Hall. Anyhow, do you need a name?
Mr. Pajares: It's your choice, Mr. Mayor.
Mayor Suarez: OK, any one of those shorter than his? Miami Convention Center
Exhibit Hall?
Mr. Plummer: Fine.
Mayor Suarez: Please make that into the form of a motion, quick.
Mr. Plummer: So move.
Mayor Suarez: Second it quick.
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Call the roll.
112
December 10, 19$7
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The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1121
A RESOLUTION ESTABLISHING "THE MIAMI CONVENTION CENTER
EXHIBIT HALL" AS THE OFFICIAL NAME FOR THE NEW EXHIBIT
SPACE AT THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES
L. KNIGHT INTERNATIONAL CENTER.
(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. Dawkins: I would rather have called it, J.L. Plummer's Mortuary.
Mr. Plummer: You sound like the former Mayor said that if I died, name the
Police Station after me. Thanks.
Mayor Suarez: J.L. Plummer memorial.
-----------------------------------------------------------------------
36. ALLOCATE $5,000 TO COVER DOCKAGE FEES FOR APPROXIMATELY 20 VESSELS AT
MIAMARINA (BAYSIDE) IN CONNECTION WITH A REGATTA BY THE INTERNATIONAL
FIFTY FOOT YACHT ASSOCIATION.
Mayor Suarez: Item 46. Is Mr. Vadia here?
Mrs. Kennedy: We have Ricardo Vadio who has been here since 9:00 o'clock.
Mr. Plummer: Do you recommend this, Mr. Manager?
Mrs. Kennedy: This is a great international event for the City.
Mr. Odio: We feel that this could be very important for Bayside and the
Marina. The estimated cost of the dockage, which is what they're looking for
at Bayside Marina is $5,000 and they're going to bring quite a few people to
the City. However...
Mrs. Kennedy: Ricardo, how much is this expected to bring in per day during
the event?
Mr. Ricardo Vadia: Conservatively, we expect - Ricardo Vadia, 2300 Coral Way,
Miami, Florida. We expect 27,000 minimum a day for a period of two weeks.
That's only the crews of the boats; that's not wives...
Mr. Odio: This is an actual waiver, excuse me...
Mr. Plummer: Do you recommend it?
Mr. Odio: ... this is a waiver of fee for the marina.
Mrs. Kennedy: I think that for $5,000, we get a lot out of this and I move
approval of this item.
Mr. Plummer: Second.
113
December 10, 1987
Mr. Dawkins: Under discussion. You let the Bounty tie up there for $1.00 a
year, OK, and they're making a ton of money. Now, you're going to allow 50-60
ships to tie up there free, OK, on the strength that they're going to
contribute to the economy. I just want you to know what you're doing.
Mr. Plummer: No, well, just for my vote, Commissioner Dawkins, there's a big
difference. The Bounty is a profit making organization. This is a race which
will, in fact, not be for profit, it will be for the benefit and spotlighting
of the sports capital, boating capital of the world, Miami.
Mr. Dawkins: Where does that say, that? That don't say that no place here.
Mrs. Kennedy: Ricardo, would you like to make your presentation for the
rest...
Mr. Dawkins: No, no...
Mr. Vadia: No, I'd just like to say, this is really 14 boats. Let me just
say what the Americas Cup contributed to one city in Australia that was over
2.9 billion dollars.
Mr. Dawkins: And you're comparing this to the American Cup?
Mr. Vadia: I think you're going to get 80 per...
Mr. Dawkins: Are you comparing this to the American Cup?
Mr. Vadia: If I could say...
Mr. Dawkins: Beg you pardon?
Mr. Vadia: Yes, you have 80 percent of all the competitors of all the teams
that competed in Australia will be competing here in Miami. A 90 percent
chance is Dennis Connors will be driving one of the boats.
Mr. Dawkins: OK, go ahead.
Mrs. Kennedy: Call the roll.
Mr. Dawkins: No further discussion.
Mayor Suarez: If it's anything like that, I'll take one percent.
Mr. Plummer: Well, let me just ask for edification...
Mr. Vadia: This is non profit, by the way.
Mr. Plummer: Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Plummer: ... this City Commission is not entitled to waive anything in
relating to the parking facility, security or work area on the land side.
Mayor Suarez: I'm sure they're going to have to negotiate that with Rouse.
Mr. Odio: No, no, no, we're talking only the...
Mr. Plummer: But he's got to understand that.
Mr. Odio: ... he's got to do that.
Mayor Suarez: Right.
Mr. Plummer: The only thing we're empowered to do is to waive the dock
rentage.
Mr. Vadia: Definitely.
Mr. Plummer: OK.
114 December 10, 1987
Mr. Vadia: We have worked with staff and the only thing that we're talking
about parking is support vehicles for the boats to carry on sails, etc.
Mr. Plummer: But, we can't approve that.
Mr. Vadia: Right.
Mayor Suarez: But there's other entities you have to deal with is what we're
saying.
Mr. Plummer: You got to deal with somebody else on that.
Mr. Vadia: Right, for sure.
Mayor Suarez: You have our recommendation, that typically works with those
entities, not always. Anything further? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1122
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $5,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
TO COVER DOCKAGE FEES FOR APPROXIMATELY TWENTY (20)
VESSELS AT THE CITY'S MIAMARINA, IN CONNECTION WITH A
REGATTA TO BE CONDUCTED BY THE INTERNATIONAL FIFTY
FOOT YACHT ASSOCIATION ON MARCH 3-6, 1988; 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 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.
37. A. CLOSURE OF STREETS TO VEHICULAR TRAFFIC CONCERNING "TASTE OF THE
GROVE" EVENT - ESTABLISH PEDESTRIAN MALL, WITH CERTAIN CONDITIONS.
B. WAIVE CONCESSION RIGHTS FEES SUBJECT TO A FULL AUDIT PROVISO.
C. REQUEST COCONUT GROVE MARKETING TO POST BOND FOR SANITATION AND
GARBAGE PICKUP COSTS.
D. DIRECT ADMINISTRATION TO TRY TO ASSIST COCONUT GROVE MARKETING TO
REDUCE COST FOR POLICE SERVICE REQUIRED FOR SAID EVENT.
Mr. Dawkins: Move 47.
Mayor Suarez: Forty-seven. Moved. Do we have a second?
Mrs. Kennedy: Second. How much money are we talking about?
Mr. Odio: We're talking about $14,400.00.
Mr. Plummer: For what?
Mr. Dawkins: What? For what?
115 December 10, 1987
Mr. Odio: That's what they are requesting.
Mr. Dawkins: No, they're not, they're say close of the street.
Mayor Suarez: In -kind services.
Mr. Odio: I will recommend the closure of the streets but I would recommend
against any funding of any in -kind services or costs.
Mr. Dawkins: No, in -kind services, that's out. Out, out, out. Close the
street, yes. In -kind service, out.
Mr. Odio: OK.
Mayor Suarez: I'll entertain a motion on closure of the street just so we can
get that out of the way. We have a motion and a second...
Mr. Plummer: Second.
Mrs. Kennedy: Second.
Mayor Suarez: ... we do. Call the roll on that.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-1123
A RESOLUTION CONCERNING THE TASTE OF THE GROVE TO BE
HELD JANUARY 23 AND 24, 1988 PROVIDING FOR THE CLOSURE
OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES 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
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, now, on in -kind services, do you have any shot at - first
of all, on Solid Waste to posting a bond and taking care of your own garbage
removal afterwards and if you don't, we then charge you against...
Mr. Marshall Steingold: Mr. Mayor, may I mention a couple of thing first?
Mayor Suarez: At your own risk.
Mr. Steingold: My name is Marshall Steingold with Coconut Grove Marketing and
this is Greg Burkheimer with the Muscular Dystrophy Association. This is the
fifth year that we're doing this event, that is also a city sponsored event.
It's a free event, it's open to the public. For the first two years, we
requested that the City help fund in in -kind services for this event and you
did. For the last two years, we did not receive any funding for the event,
it's been operating as a one day event. Now, for the first time, since the
event has been so successful, we'd like to take this event as a Taste of the
Grove and make it as popular and as large as a Taste of Philadelphia, a Taste
116 December 10, 1987
r 4rl�
of Chicago, a Taste of the Big Apple, make it into a two-day event, put the
food vendors into the street instead of having twenty or twenty-five
restaurants serving food, go for fifty or sixty. Make this, eventually, into
a Taste of Miami; an event that everyone can be proud of that is held in one
of the nicest sections of the City of Miami and is free, open to the public,
and on both Saturday and Sunday, the 23rd and 24th of January, we will have a
national jazz act playing in the park.
Mayor Suarez: Marshall, since you're headed in that direction conceptually,
why not try to work with the DNBA or DDA to make it really a taste of Miami
and have some of the event take place in downtown? Coconut Grove residents
and civic associations and merchants are telling us that they're just about
saturated with festivals and activities, you know. And you're talking about
making it a Taste of Miami, how about that, how about working with DDA and,
whatever you don't get today, you ought to present to Downtown Development
Authority, see if we can help with additional funding because if you can split
it somehow, it broadens it, just like you're implying and at the same time it
just relieves the pressure on the Grove. I mean, this is just incredible;
people are really beginning to complain about some of these events here, as
you well know.
Mr. Steingold: I would consider that, but I think next to the Art Festival,
this is one of the nicest events that we've ever had.
Mayor Suarez: Well, they're complaining about the Arts Festival because of
the incredible mass of concentration of people.
Mr. Steingold:
that's served.
It's promoted
it's...
The quality of the people that attend, the quality of the food
This is really a gourmet food tasting event with jazz music.
on Love 94 radio which attracts a great audience and, again,
Mr. Plummer: How much money did Muscular Dystrophy get before? How much did
you receive from the event?
Mr. Steingold: Last year, we donated to Muscular Dystrophy, $38,000 from the
net proceeds from the event. This year, if we do the event on a two-day
basis, without the necessary sponsorship from the City, we won't be able to
donate - right now, with the budget and the increased City costs - anything,
at this point.
Mayor Suarez: I'll entertain a motion, as long as they post the appropriate
bond, on the solid waste. So, if you're interested in doing it that way, that
you take care of removing all of your own...
Mr. Steingold: I'm interested in getting whatever we can from the City, but I
would hope...
Mayor Suarez: Other groups have done it that way and it's worked out.
Mr. Steingold: ... that in terms of sponsorship, that the City of Miami gives
to this event, that you would give...
Mayor Suarez: I'm trying to take this in parts to see how far I can take the
Commission, I mean, if, at any point, you want to propose a different way of
doing it.
Mr. Steingold: I'd like to propose that the City give us as much of the in -
kind services to cover this amount as possible.
Mayor Suarez: Are you willing to negotiate on the issue of the garbage
pickup; at least in posting a bond and doing it yourself? That saves - what
percentage of the $14,000 or $13,000 estimate does that save in that case?
Mr. Steingold: Park cleanup is $700 and Solid Waste is $2,000.
Mayor Suarez: So that's twenty-seven presumably. Less than a third, about a
quarter of the entire amount. Most of it is police?
Mr. Steingold: The police is $3,000 and the concession permit is $3,000.
Mayor Suarez: Concession permit?
117 December 10, 1987
Mr. Odio: That's right, according to that ordinance, they have to pay for
that license.
Mayor Suarez: I would entertain a motion on waiver of concession permit.
Mr. De Yurre: I'll second.
Mr. Plummer: How much is it?
Mr. Steingold: $3,000.
Mr. Odio: $3,000.
Mrs. Kennedy: Yes, I move to...
Mr. De Yurre: And I'll second that one.
Mayor Suarez: We got a motion and a second. Any discussion? Call the roll
on that.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1124
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
WAIVE CONCESSION RIGHTS FEE IN THE AMOUNT OF $3,000.00 IN
CONNECTION WITH THE TASTE OF THE GROVE EVENT WITH THE
PROVISO THAT SAID GROUP PROVIDE TO THE CITY A FULL AUDIT
AT THE END OF SAID EVENT.
(NOTE: THE CITY ATTORNEY INDICATED THIS MATTER WAS NOT IN
COMPLIANCE WITH THE CITY CODE.)
Upon being seconded by Commissioner De Yurre, 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: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: The only...
Mr. Plummer: Now, Marshall, please remember, under the new policy of this
Commission...
Mr. Odio: I'm sorry, according the ord...
Mr. Plummer: ... you cannot disburse any of the monies from this event
without Commission approval.
Mr. Steingold: So, I have to come...
Mr. Plummer: You have to provide us with a full audit of this event and then
you cannot disburse any of those monies until this Commission approves.
Mr. Odio: But, I'm sorry, according to the ordinance, you cannot waive the
fees for liquor license or beer license on the concessions. That's the
ordinance that was passed.
Mr. Plummer: But everything but that.
Mr. Odio: You can do something else but you cannot do that.
Mayor Suarez: How much is that?
Mr. Odio: $3,000.
118 December 10, 1987
Mayor Suarez: How can we not waive it if we pass an ordinance waiving it?
Mr. Odio: You pass an ordinance not to waive.
Mr. Plummer: Not to waive.
Mayor Suarez: But we can pass an ordinance to waive it in this case right
now, can we not? We're not precluded by our charter from doing that.
Mr. Odio: You have to have two...
Mr. Dawkins (Off mike): Waive what?
Mr. Plummer: You'd have to change the ordinance.
Mayor Suarez: The cost of the license for sale of what, beer and wine and
alcoholic beverages?
Mr. Steingold: It just says concessions, $3,000. I believe that that's an
amount of money, according to each and every restaurant that we have estimated
to what they will sell, that's added up and I think it's based on 30
restaurants at $100 each. As I understood from Parks Department.
Mayor Suarez: So what you're telling us is the only way to do it is by
emergency ordinance?
Mr. Odio: We have to change the ordinance.
Mayor Suarez: Madam City Attorney.
Mrs. Dougherty: You can either do it by emergency ordinance or you can give
them a grant in the same amount, I suppose.
Mayor Suarez: Well, we don't like to give grants when we can just sort of get
around it.
Mr. Dawkins: You know, like he said, every day he come here - this is the
third year, right?
Mr. Plummer: Fourth.
Mr. Steingold: This is the fifth year.
Mr. Dawkins: Fifth year, right? And not one year, did it say the City of
Miami gave Muscular Dystrophy nothing, OK? I would name.... no never say, we
gave the money, but you come here and get all of the in -kind services and
everything free and then you make the money and then you give the money and
the City of Miami gets no credit.
Mr. Steingold: That's not true. That's not true, Commissioner.
Mr. Dawkins: All right, well show me anything in writing where you said the
City of Miami donated X dollar.
Mr. Steingold: The entry form that you have for this year is an example of
the type of publicity...
Mr. Dawkins: Oh, this year!
Mr. Steingold: ... that the City of Miami has received for the past five
years.
Mr. Dawkins: No, no, no. When you make the presentation of the money to the
Muscular Dystrophy, what do you say?
Mr. Steingold: It's on behalf of the sponsors which the City of Miami is one
and the others listed in there are such, that's the way it's sent to the
newspapers, it's the way that it's announced on the radio and this event would
not be possible if not for the City of Miami and other sponsors.
Mr. Plummer: Marshall, how much is Four Way Street giving you ?
119
December 10, 1987
Mr. Steingold: Four Way Street is on a committee, they produce the tee shirts
for us and they're a committee representative, the same way that...
Mr. Plummer: And how much do they give you overall, whether it's in tee
shirts or whatever, $1,000?
Mr. Steingold: It's just based on the price of the tee shirts actually.
Mr. Plummer: $2,000? The point I'm trying to make...
Mr. Steingold: $3,000.
Mr. Plummer: $3,000. Four Way Street gets as much prominence on this program
as what you're asking us to give you $14,000. That's what I think we're
trying to say. Coconut Grove Marketing is not giving Muscular Dystrophy
anything. All of the sponsors and the people who attend are what's making
that possible, but Coconut Grove Marketing is taking credit for it.
Mr. Steingold: I don't think that's a fair statement...
Mr. Plummer: Well, OK.
Mr. Steingold: ... I think Coconut Grove Marketing under my direction puts
together all the time necessary to produce this event and organize it.
Mr. Plummer: OK, when's it to take place?
Mr. Steingold: January 23rd and 24th.
Mr. Plummer (Off mike): These things are just proliferating like crazy.
Mr. Odio: No, and the problem is, what I don't understand, they had a profit
of $38,000 last year. Well, why don't you take part of those profits and pay
the City's services? You just said that you turned over $38,000 last year.
Mr. Steingold: Yes.
Mr. Odio: Now, if you make the same money this year, you could pay for the
$14,000 and you would still have...
Mr. De Yurre: Was the one day or two days?
Mr. Steingold: What I'm saying is, the reason we're requesting the City
sponsorship for this year and we haven't for the past two years, is because
expanding it to a two-day event...
Mr. Odio% Well, don't expand it, you were successful the other way, so leave
it that way and pay your in -kind services. Excuse me, Commissioner...
Mr. De Yurre: No, I just wanted to make sure, $38,000 was for one day. Now
we're talking about two days, right?
Mr. Odio: For one day, so if you go for two days, you have $70,000 and then
you could really cover your expenses. So, if we're going to use mathematics,
let's do it.
Mayor Suarez: Once again, on the garbage, I'll entertain a motion on that so
that we can get you a reduction on that if you want to post a bond.
Mr. De Yurre: Where are we at with the concession then?
Mr. Plummer: It's a bond.
Mayor Suarez: He has to post a bond on...
Mr. De Yurre: For the concession waiver.
Mayor Suarez: We haven't done anything on that. It looks like now, the only
way to do it legally would be an emergency...
Ms. Hirai: There's a motion on it, Mr. Mayor.....
120 December 10, 1987
Mayor Suarez: We have a motion and a second, but it's inapplicable...
I. Ms. Hirai: Yes.
Mayor Suarez: ... it wouldn't work that way. We'd have to clarify that it's
got to be an emergency ordinance and we need 4/5ths vote. I'd like to take
that next, please, on the solid waste, are you willing to post a bond and go
that way, Marshall?
Mr. Steingold: Sure.
Mayor Suarez: I'll entertain a motion.
Mr. Plummer: So moved.
Mrs. Kennedy: So move.
Mayor Suarez: Seconded. Any discussion? Call the roll.
Mr. De Yurre: I'd like to get...
Mayor Suarez: I'm sorry.
Mr. De Yurre: ... you know, some additional information here. What is the
gross of this whole event? I'm talking about what all these individualists
that sell tee shirts and all that kind of thing.
Mr. Steingold: The gross of this event for one day last year was $91,890.
Our total expenditures were $53,626.
Mr. Plummer: And how much did you pay the City last year?
Mr. Steingold: Approximately $6,000.
Mr. Plummer: Six.
Mr. Steingold: For one day.
Mr. Plummer: And where did the other 47 go?
Mr. Steingold: Out of the restaurants that sell food, we give them 70 percent
on the dollar and we keep 30 percent on the dollar of each dollar of food that
they sell and that's how we get the money to pay all the expenses.
Mr. Plummer: So, you're saying...
Mr. Steingold: So $34,000 of that went back to the restaurants.
Mr. De Yurre: Is the 91 you're talking about the 30 percent?
Mr. Plummer: No, no, no, no. No, no, no, no, no. That's not true. Where
did the $47,000 of expenses go?
Mr. Steingold: $92,000 was taken in that day; $34,000 goes immediately back
to the restaurants, $6,000 to the City of Miami, the beer expenditure is about
$5,500, electrical service which is also under the City is $600, for the food
booths, tables, ticket booth rental, ice, portable toilets, is about $3,000,
printing and engraving, $660; tee shirt cost, $2,500...
Mr. Plummer: You said they donated them.
Mr. Steingold: No, the tee shirt revenue is $5,000 and...
Mr. Plummer: Marshall, you're showing expenses of $47,000.
Mayor Suarez: You just went through them.
Mr. Steingold: I'm showing expenses of $53,000.
Mr. Plummer: Where did it go?
121 December 10, 1987
Mr. Steingold: Right here.
Mayor Suarez: The majority of it went to pay back...
Mr. Steingold: The majority of it went to pay back the restaurants...
Mayor Suarez: At the rate of what, 70 percent of the total take?
Mr. Steingold: They get back 70 cents on the dollar and we get 30 cents on
the dollar.
Mr. Plummer: So, you had roughly what in net profit?
Mr. Steingold: We had exactly $38,263.88 in net profit.
Mr. Plummer: Let me see that. Something doesn't add up.
Mayor Suarez: Are you satisfied as to the motion and the second in the
pending motion?
Mr. Odio: Marshall, are you aware the police is going to be $8,000, right?
Mayor Suarez (Off mike): How much is the police?
Mr. Odio: $8,859.
Mayor Suarez: Why so much? Can we try to reduce that?
Mr. Odio: This is two days, two days.
Mr. Steingold: The estimate I received on police for the two day event is
$3,000 and for closing the street it's $1,300 so the total would be $4,300.
That's what I got this morning.
Officer Joseph Longueira: That's at the off duty rate as long as the City
doesn't make any contribution. Once they do, then it goes to time and a half
rate. They've got to go to time and a half once the City makes that
contribution.
Mayor Suarez: OK, I know you can work that figure down. How many police
officers does that mean? How many hours a day, by the way, is it Marshall?
Mr. Steingold: It's eight hours a day, it's from 10:00 a.m. to 6:00 p.m. for
two days.
Mr. Plummer: Marshall, something doesn't add up here. You're showing that
you gave to MDA, Muscular Dystrophy, $38,000 for round numbers, OK? Now,
you're showing over here, 30 percent to MDA is $14,500. What is it?
Mr. Steingold: That's in the food alone, from the food ticket sales. From
the food ticket sales which are sold that day, thirty...
Mr. Plummer: But, it's not in this list. No, that's the restaurant's.
That's the 70 percent to the restaurants, not from. OK.
Mr. DeYurre: (Off mike): That's this figure here.
Mr. Plummer: OK.
Mr. DeYurre: (Off mike): That's the net for the gross of the restaurants...
Mr. Plummer: All right.
Mr. DeYurre (Off mike): ... and they took 30 percent off the restaurants.
Mr. Plummer: OK, so that - excuse me, where did the rest of the money come
from? If that is part of MDA's donation of 38, where did the other 24 come
from? There's a figure missing here. Well, where did the twenty...
INAUDIBLE COMMENTS.
Mr. Plummer: But you don't show us the receipts of beer sales.
122 December 10, 1987
UNIDENTIFIED SPEAKER (Off mike): You don't break down the ticket sales into
beer and food, it's all collected at the same time, we ------------ We know
how much the restaurants did, we subtract that from the total amount of
tickets, therefore, the rest of it is the beer and soda sales.
Mr. Plummer (Off mike): Damn poor way of doing it.
INAUDIBLE COMMENTS.
Mr. Plummer: Yes, but you have no control. You have no control at all.
They're saying the neighbors are complaining about two day event in the Grove.
INAUDIBLE COMMENTS.
Mr. Plummer (Off mike): McFarlane. Are you going to open it up at night? Do
you realize what you're costing in police to block that off because I think
off...
INAUDIBLE COMMENTS.
Mr. Plummer (Off mike): Yes. It's a great event but there's no reason to
come here when you're making those kind of profits and ask the City to kick
in. Let the MDA take less.
INAUDIBLE COMMENTS.
Mr. Plummer (Off mike): But, you're doing two days this year. You can't do
that with showing those kind of profits, you can't do it, you just can't do
it. If it was a non profit, that's a different story, but it's not non...
INAUDIBLE COMMENTS.
Mr. Plummer (Off mike): They are, yes, but it's just more proceeds going to
MDA. We, the City, would be better off giving $14,000 directly to MDA and
forget it. Then there's no risk.
INAUDIBLE COMMENTS.
Mr. Plummer (Off mike): I understand, but, man, there's only so much to go
around. I don't know how I can help you here.
INAUDIBLE COMMENTS.
Mr. Plummer (Off mike): I understand. Did you get anything out of TDC?
INAUDIBLE COMMENTS.
Mr. Plummer (Off mike): You mean from the beer company.
INAUDIBLE COMMENTS.
Mr. Plummer (Off mike): You ain't going to get it, I can tell you. Yes, as
soon as...
Mayor Suarez: This is getting to the point that it's costing more to the
people waiting, to the City of Miami than the amounts involved. I hope we
make up our minds and move on this item very quickly.
Mr. Plummer: Well, Mr. Mayor, I think we have moved as far as the sanitation,
is that correct?
Mayor Suarez: OK, no, we never took a vote on that.
are we OK on that vote?
Mr. De Yurre (Off mike): Sanitation...
Mayor Suarez: Yes.
Mr. Plummer: They post a bond.
Mr. De Yurre (Off mike): Yes, we're OK.
Commissioner De Yurre,
123 December 10, 1987
Mayor Suarez: Call the roll please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1125
A MOTION DIRECTING THE ADMINISTRATION TO REQUIRE
COCONUT GROVE MARKETING TO POST A BOND FOR ALL
NECESSARY COSTS ASSOCIATED WITH SANITATION AND GARBAGE
PICKUP IN CONNECTION WITH THE FIFTH ANNUAL TASTE OF
THE GROVE EVENT SCHEDULED FOR JANUARY 23 AND 24, 1988
SHOULD SAID GROUP FAIL TO KEEP THEIR COMMITMENT TO
GUARANTEE CLEANUP.
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.
COMMENTS DURING ROLL CALL:
Mrs. Kennedy: What is the motion?
Mayor Suarez: On...
Ms. Hirai: To post a bond on the garbage pickup.
Mayor Suarez: Post a bond for sanitation services and they can pick up their
own.
COMMENTS MADE FOLLOWING ROLL CALL.
Mayor Suarez: OK, I would as to the rest, unless - does somebody have any
ideas as to the rest? OK. ... simply urge the City to negotiate down the
cost of police officers. I was just shown a list of umpteen officers that are
needed to close the streets. I don't know, many, many police hours or man
hours or whatever the term is now a days and it seems excessive to me, but,
you know, they're the experts, so, if nothing else to urge them, would you
want to pass a resolution urging the City to work with them to try to reduce
the cost of the police?
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1126
A MOTION URGING THE CITY ADMINISTRATION TO WORK WITH
COCONUT GROVE MARKETING IN ORDER TO ASSIST THEM IN
TRYING TO REDUCE THE COST FOR POLICE SERVICES IN
CONNECTION WITH THE FIFTH ANNUAL TASTE OF THE GROVE
EVENT.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
124 December 10, 1987
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: It's not as good as a brick bat to get them to lower that
amount, but it's better than nothing, I guess. Anything else, this item?
38. EXPRESSION OF COMMISSION'S SUPPORT REGARDING SPONSORING OF SAILING RACES
WHICH MAY LEAD TO THE SELECTION OF THE "U.S. TORNADO CLASS SAILING TEAM"
AT SUMMER OLYMPICS.
Mr. Plummer: Mr. Mayor, can I bring up this subject here? I've been asked to
ask the City to make a motion to support the efforts of the U.S. Tornado Class
of the Sailing Team of 1988 Olympics. They're not asking for any money and
that we support their efforts in every legal means.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. It has no legal or financial
implications whatsoever?
Mr. Plummer: No financial and the...
Mayor Suarez: And you built in the legal into your motion, OK.
Mr. Plummer: ... and in every - that's the writing of the City Attorney, in
every legal means.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1127
A MOTION OF THE CITY COMMISSION IN SUPPORT OF DR.
TARDIFF'S EFFORTS IN CONNECTION WITH THE SPONSORING OF
A SERIES OF SAILING RACES WHICH MAY LEAD TO THE
SELECTION OF THE "U.S. TORNADO CLASS SAILING TEAM" AT
THE 1988 SUMMER OLYMPICS; FURTHER ENCOURAGING THE
ADMINISTRATION TO ASSIST DR. TARDIFF BY ANY POSSIBLE
LEGAL MEANS.
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.
Mr. Plummer: You can get a copy of that if you want.
125 December 10, 1987
39. A. MODIFY R-87-1027 FOR CITYWIDE TOWING AND WRECKER SERVICES CONTRACT -
ADD CORAL WAY TOWING, INC. TO SHARE SERVICING OF ZONE 4 WITH FREEWAY
TOWING.
B. MODIFY R-87-1027 WHICH GRANTED CITYWIDE TOWING AND WRECKER SERVICES
CONTRACT TO MOLINA TOWING, INC. AND DOWNTOWN TOWING - REASSIGN ZONE 3 TO
ONLY BE SERVICED BY MOLINA TOWING, INC.
Mayor Suarez: Forty-eight.
Mr. Stuart Marcus: Gentlemen, Mr. Mayor, Commissioners, my name is Stuart
Marcus. I represent Coral Way Towing and Peter Antonio. When this came up on
the November 19th, 1987 Commission Meeting, this was for the proposal of the
towing contract with the various companies and for their approval and for
their application. My client, Coral Way Towing and Peter Antonio, has been in
this Miami area and in number four area for the past fourteen years. Another
company, Freeway Towing, applied for the same area. Some discussions was
going on - I listened to the tape very carefully of what had transpired.
There was discussion as to whether or not there was two companies applying for
the same area. Let me tell you that Peter Antonio did not get - or Coral Way
Towing did not get notice of this, but he was represented here anyway by Bill
McClaskey, who, when you asked, who's representing Coral Way Towing, it was
said, and I could hear it in the background, "I'm representing it," but there
was
Mayor Suarez: What did we finally do on that? Did we choose one as opposed
to the other, is that what happened?
Mr. Plummer: Yes.
Mr. Marcus: You know, you just ruled Coral Way Towing was out because they
weren't here and, in fact, they were represented by Bill McClaskey who was
here.
Mayor Suarez: He represented the association?
Mr. Marcus: Yes. And he was here and he stood up and he said, well, I'm
representing...
Mr. Dawkins: He stated that. He stated that he represented the organization.
Mr. Marcus: But, for no reason, for no reason whatsoever, Coral Way Towing,
who is...
Mr. Dawkins: There was a reason.
Mr. Marcus: What was the reason?
Mr. Dawkins: The reason is that I did not feel that there was enough work in
there for two companies, so I ruled that the one that was here got the job.
Mr. Marcus: But that was not...
Mr. Dawkins: But, OK now, but see, you're saying what you heard on the tape.
I'm giving you the actual fact now, sir.
Mr. Marcus: But you...
Mr. Dawkins: I made the motion, and I'm telling you why I made it, sir.
Mr. Marcus: You made it because they weren't personally...
Mr. Dawkins: Because I personally felt that there was not enough work in
there for two companies. ,
Mr. Marcus: Well, this company, first of all, has been in this area for
fourteen years, the other company...
126 December 10, 1987
Mr. Dawkins: For fourteen years so now it's time for somebody else to get
some money.
Mr. Marcus: No, Freeway even doesn't have an office in the Miami area. It
has it in the county and has a subdivision in a little lot with six other
companies out there - where is that located, Pete, that six...
Mr. Peter Antonio: Right off of 8th Street.
Mr. Marcus: Right off of 8th Street. They don't have their main office in the
City of Miami.
Mr. Dawkins: Wait now, wait now, first you say they don't have an office,
then you say they don't have the main office. Now, what are we saying?
Mr. Marcus: They don't have a main office, they have...
Mr. Dawkins: But do they have an office in the City of Miami?
Mr. Marcus: It is my understanding they have a lot that they share with six
other companies...
Mr. Dawkins: OK, what are the other six companies?
Mr. Antonio: Well, they have a lot on 8th Street.
Mr. Dawkins: All right, sir. Come around and give your name and address,
sir.
Mr. Marcus: This is Peter Antonio.
Mr. Peter Antonio: My name's Peter Antonio, sir, I own Coral Way Towing and
the way I understand, he leased a small room -------- reproduction body his
shop on 8th Street in the City limits so he can run his business. His main
office is in the County, south of 8th Street, which is County and that's where
his lot is. He used to have Metro and then he got this little place so he can
bid for the City of Miami. Like I said, I've been with the City of Miami for
fourteen years.
Mr. Plummer: Where does he tow his cars to?
Mr. Antonio: As far as I know, when he was Metro, it was in the County.
Mr. Plummer: No, if he gets a call from the City now, where does he tow his
car to?
Mr. Antonio: That I couldn't tell you, sir, I don't know.
Mr. Plummer: Well, I'm asking them, they were the ones that took the bids.
Mayor Suarez: Where's the lot, yes.
Mr. Plummer: Where would a person have to go to recover their car is the
question.
_ Mr. Ron Williams: The person would have to go to a lot located in the zone
that was awarded. In this particular case, Commissioner Plummer, it would be
within zone 4.
Mr. Plummer: Tell us the location of where they say their lot is.
Mr. Williams: I need to go to the file to give you the exact address, but it
is clearly within zone 4. We investigated it and found them to be eligible,
thus we brought them to you as qualified. I can give you the exact address in
a minute.
Mr. Plummer: Well, you're saying that they're pickup point is in the City of
Miami, then I think that answers it. Or, more so, you're saying it's within
—" the zone that they represent.
Mr. Williams: Yes, sir.
127 December 10, 1987
�j
Mr. Marcus: There was nothing within that application, nor on the approval
list, that said or required that Coral Way Towing or Peter Antonio had to be
present to argue his application on that day of that Commission Meeting.
And...
Mr. Dawkins: I agree with you, sir. You're correct and nobody made that a
requirement and not then, nor now, have we said that he had to be here in -
order to get a contract. That was never, never made as a prerequisite for
getting a contract, sir.
Mr. Marcus: But on that tape, it was said, and quote, "It's easy, he's not
here, he's out.
Mr. Dawkins: No, OK, it was said that of the two that it was - OK now, all
right, no problem.
Mr. Marcus: And that wasn't either one was more qualified or that there was a
qualification. In fact, the discussion if you'll listen to that tape was that
we can have two for every zone. _
Mayor Suarez: You would definitely hear that on the tape because that was my -
idea that we should have more than one.
Mr. Dawkins: Well, it was my idea was I made the motion and I keep telling you what my motion was, sir, and you keep telling me what your interpretation
is and I'm telling you what my intent was.
Mrs. Kennedy: Well, I think that the question is...
Mr. Marcus: I'm telling you what your words were.
Mr. Dawkins: Well, I'm telling you what the intent was.
Mayor Suarez: But, certainly, that intent can be obtained from the words that
you just read, I mean...
Mrs. Kennedy: I think what we have to ask ourselves is there enough work to
warrant two companies.
Mr. Dawkins (Off mike): That's all, that's what I based my...
Mr. Marcus: Well, that wasn't taken into determination at the last meeting as
to whether there was.
Mayor Suarez: You know, if there was two two cases in an entire year - two
cases of towing in an entire year, it would make more sense to go ahead and
give one to one company and one to the other than for us to sit here and argue
all day about it. So, that's what I don't understand, why we don't just let
the department rotate between the two, what's the hassle?
Mr. De Yurre: There's not enough money.
Mayor Suarez: Not enough money to do what?
Mr. Dawkins: To rotate it.
Mr. De Yurre: To make it a business.
Mayor Suarez: Why not? We're wasting more time here considering the two of
them than...
Mr. Dawkins: But, see, I have no problem with wasting the time, Mr. Mayor...
Mayor Suarez: And for them to make a selection; if there's only two cases in
the entire year, one time one company, the other time, the other company. Why
argue about it?
Mr. Dawkins: But then, here's a guy that made money for fourteen years so let
him sit out one year. I agree with you.
Mayor Suarez: I have no problem with that either, I mean...
128 December 10, 1987
Mr. Dawkins: I have no problem with that.
Mayor Suarez: ... but, you know, I want to solve this.
Mr. Marcus: Excuse me, could we let Bill McClaskey, he'd like to say a few
words.
Mr. Dawkins: Beg your pardon, sir?
Mr. Marcus: Mr. McClaskey would like to discuss this.
Mr. Dawkins: OK.
Mr. Bill McClaskey: Yes, my name is Bill McClaskey. I represent the Towing
and Recovery Association of America. You gave us the authority to sit in on a
committee with the GSA office to come up with some rules and regulations. Put
a lot of time in this. We didn't design this thing to kick one out and put
one in. Now...
Mayor Suarez: Before you give us the rest of your statement, you're the
expert on all of this, can you answer one question for us?
Mr. McClaskey: I'll try.
Mayor Suarez: In any one of these regions, how many towing cases are we
likely to have in one year? This one, in particular, for example.
Mr. McClaskey: I didn't get that.
Mayor Suarez: How many calls for towing are we likely to have in one year in
any one of these regions like this one that we're arguing about now? You're
the expert.
Mr. McClaskey: Well, we don't have those statistics.
Mayor Suarez: Give me a guess.
Mr. McClaskey: We would have...
Mr. Plummer: Ask Pete. Pete, how many calls did you have for towing service
last year?
Mayor Suarez: That wasn't in the region though.
Mr. Plummer: That's in this district.
Mr. Antonio: Well, it's average. Eighty percent of my business is with the
City which I've been doing for fourteen years.
Mayor Suarez: How much is the total business you had from the City last year?
Mr. Antonio: Well, I can average about 100 to 150 calls a month.
Mayor Suarez: And what district or what area did that cover from the City?
Mr. Antonio: I'm zone four, which is from 17th Avenue...
Mayor Suarez: Is that district roughly similar to the one we're talking
about?
Mr. Williams: That is the zone, Mr. Mayor.
Mr. Plummer: No, that is the one.
Mr. Antonio: This is my zone.
Mayor Suarez: That is the one?
=� Mr. Antonio: This is my zone that I've had.
Mayor Suarez: So you had - I'm sorry, you had 150 a month?
129 December 10, 1987
i
Mr. Antonio: About a hundred to a hundred fifty.
I
Mayor Suarez: About 1800, 2000 a year.
Mr. Antonio: About that and just keeps the business going.
Mayor Suarez: As far as I'm concerned, we just split it between the two of
them.
Mr. McClaskey: Can I make a suggestion, Mr. Mayor?
Mayor Suarez: Make any suggestion you want.
Mr. McClaskey: We recommend that the two in question go back and look at the
situation. Now, there's been some comments about whether he qualified or he
didn't qualified, whether he's in the City or whether he didn't. Let's...
Mr. Williams: Pardon me, Mr. Mayor, that's no longer an issue.
- Mayor Suarez: OK, that's no longer an issue so don't worry about that,
please. From our perspective, we feel they both qualify. Is that correct?
Mr. Williams: Absolutely.
Mayor Suarez: All right.
Mr. McClaskey: OK.
Mayor Suarez: Resolved as to that point.
Mr. Plummer: Who was the company that was awarded the bid of zone 4?
Mr. Williams: Freeway Towing.
Mr. Plummer: Freeway. I never heard of them.
Mr. McClaskey: It seemed like a little unfair to just drop a guy because he
wasn't here and putting a new man in.
Mr. Plummer: So what are you...
Mr. McClaskey: And I'm not against the new man or against the...
Mayor Suarez: Well, this is not the only case in which we did that now.
Mr. Plummer: Well, what...
Mayor Suarez: This is not the only case in which we have more than one
recommended and we ended up with only one instead of two.
Mr. Plummer: Did the department recommend one over the other?
Mr. Williams: No, we did not.
—
Mr. Plummer: Or you just said both were qualified.
Mr. Williams: We advised that both were qualified, yes.
i
Mr. Marcus: The problem that you have here is that a man
has
built 14 years
in building a reputation within a zone and within an area
and,
at a stroke of
a pen, you can virtually put him out of business because
he
relies on this
=;
kind of a support to keep this. as the bread and butter of
his
business. The
other is if he can make some money but this keeps his business
going, keeps
i
the drivers on the road.
iMayor
Suarez: Wait, you're overstating a little bit, he
said
8 percent was
i{{s
City business. Anyway...
lj
Mr. Antonio (Off mike): Eighty percent.
Mr. Marcus: Eight per... eighty percent?
,i
JI
IC
130
December
10, 1987
Mr. Antonio (Off mike): Eighty percent.
i
Mrs. Kennedy: Eighty or eight? Eighty.
Mayor Suarez: Eighty? I heard eight.
Mr. Dawkins (Off mike): No, eighty, eighty, eighty.
Mr. Plummer: I heard eight.
Mr. Marcus: Say it again, Pete, how much?
Mr. Antonio (Off mike and on mike): Eighty. Eighty percent of my business is
with the City of Miami.
Mr. Marcus: Eighty.
Mr. Antonio: Which I try to take care of.
Mr. Marcus: Now, with eighty percent of his business, City of Miami, -------
rate where he's been 14 years in business and to take him out and put somebody
else in that was outside the City and has offices outside the City and because
he wanted this contract, rented space within the City and I think if you
checked it out...
Mr. Plummer: I'll make a motion that we give it to both, Freeway and Coral
Way.
Mayor Suarez: Before we vote - do we have a second on that?
Mrs. Kennedy: I'll second.
Mayor Suarez: Before we vote on that, we ought to hear from Freeway, I'm
sure.
Ms. Mary Fernandez: My name is Mary Fernandez and I'm representing Mr.
Blanco. I work for Freeway Towing.
Mr. Plummer: Freeway, they said.
Ms. Fernandez: Freeway Towing, F - R - double E, Freeway. First of all, they
are debating whether or not we are in the zone...
Mr. Plummer: No, that's over.
Mayor Suarez: That's over, resolved.
Mrs. Kennedy: No, that was discussed at the last meeting.
Mr. Plummer: That's a dead issue.
Ms. Fernandez: OK, well, I just want to make sure, I mean, the officers in
charge of checking to make sure everything was within requirements, is in
requirements.
Mr. Dawkins (Off mike): All that's behind you. That's a dead issue.
Mr. Plummer: Dead issue.
Ms. Fernandez: OK. Also we've been working, you know, we've been working as
a company for fourteen years and - I'm a little bit nervous, you'll have to
excuse me.
i
Mayor Suarez: You've been working for fourteen years?
Ms. Fernandez: Well, we've been working with the county previously and,
hopefully, the City of Miami now since we have been awarded the contract. And
we were just - you know, what we feel is if Coral Way Towing, we're not
debating about whether or not, you know, the contract was awarded incorrectly
41 to us or whatever, but if they felt that this was an issue with them, they
should have been here to, you know, in their own interest they should have
been here to in order to get the award and - I'm sorry...
i
131 December 10, 1987
�;z
Mr. Dawkins: No.
Ms. Fernandez: Oh. But anyways...
Mr. Plummer: I call the question.
Mayor Suarez: All right, we have a motion and second, any further discussion?
Call the roll. Yes, sir.
Mr. Gustavo Chacon: I would like to speak on it.
Mr. Dawkins: You would, the same, same...
Mayor Suarez: Point, one of the two companies?
Mr. Gustavo Chacon: On the same, on the same as a private citizen. My name
is Gustavo Chacon, I live at 1051 N.W. 18th Avenue. I was formerly an owner
of Rainbow Towing Service and I have done business with both of these
gentlemen and I'm against Freeway Towing on this for the reason of over
charging the private sector, the private citizen of this City. I got proofs,
I have tickets...
Mr. Plummer: Sir...
Mayor Suarez: Who overcharged you, which company?
Mr. Chacon: Freeway Towing, they...
Mayor Suarez: What was the charge?
Mr. Chacon: They charged extra amount after they impound the vehicle for
releasing the vehicle and that's the only company on this county that does
that.
Mayor Suarez: What was the total amount in that particular case?
Mr. Chacon: Twenty dollars and $25.00 every time - third vehicle.
Mayor Suarez: Yes, but what's the total amount for the towing, pickup,
storage, the whole bit?
Mr. Chacon: In some cases, $124, $105, $364.
Mr. Plummer: Sir, who do you represent?
Mr. Chacon: I don't represent nobody, I live at - on the City of Miami, I'm a
citizen, a concerned citizen.
Mr. Plummer: Well, wait a minute, wait minute. Are you... I understand, but
you're reading, obviously, from a number of different tows. Now, I'm assuming
all of those towings were not yours.
Mr. Chacon: Oh yes they are. I'm formerly owner of Rainbow Towing Service, a
towing service that closed its doors bad insurance deals of the past two
years.
Mrs. Kennedy: That's why he's here.
Mr. Chacon: I wouldn't like to,..
Mayor Suarez: But those were all your cars or vehicles that were towed by
them?
S Mr. Chacon: Vehicles that were towed by them and I was the one who had to end
up picking them up and I have to pay extra amount of money...
—1 Mayor Suarez: But they were not your vehicles that were picked up.
Mr. Chacon: No, they were not my vehicles but I do was on the City of Miami.
My business address is on twenty...
132 December 10, 1987
i
Mr. Plummer: No, I'm trying to close it.
Mayor Suarez: OK, yes, we're not really reviewing the merits of their
application at this point.
Mr. Williams: Mr. Mayor...
Mayor Suarez: You ought to get all of that information and all of that
evidence to Ron Williams.
Mr. Plummer: There's a procedure. There's a procedure to follow, sir, to
voice your complaint and to be heard by the department. Have you done that?
Mr. Chacon: This procedure was not on City tow since he was not towing for
the City. They were on County and State vehicles.
Mayor Suarez: Well, we'd be interested in any examples of excesses or unfair
practices by them and you ought to get it to our GSA department. That's the
gentleman right there.
Mr. Williams: Mr. Mayor, I'd like to remind you that by your decision to fix
rates Citywide, the issue of excessive charges should no longer be an issue.
Mayor Suarez: I am aware of that. I am aware of that. Plus that, sir, we
have finally come up with a system where - Gustavo, sir. What's your last
name?
Mr. Chacon (Off mike): Chacon.
Mayor Suarez: Chacon. We have now come up with a system where we'll be
preventing that but still we'd be interested in anything that shows unfair
practices by them. Don't feel that we're not interested in that because we
are.
Mr. Chacon (Off mike): Before he leave, I can talk.
Mayor Suarez: It's better if you present your own evidence to the department,
if the department wants to investigate further. I don't think they will but I
really should prejudge that.
Mr. Marcus: Mr. Mayor...
Mayor Suarez: Yes, counselor.
Mr. Marcus: ... the only thing that I would like to say to you is that up
till now, he's been in the County, Freeway's been in the County. For the
_ purposes of this application and for the purposes of coming within the City,
now is the only time where he has had or obtained some space. My client has
maintained space within the City for fourteen years and has...
Mayor Suarez: If I were you, counselor, I wouldn't get into the merits of
your client versus Freeway...
Mr. Plummer: You're about to lose, counselor.
Mayor Suarez: ... because I know things about, you know, the merits of your
client that I wouldn't want to get into today. I think you're going to do
pretty well by getting half of what initially you were supposed - I mean, half
of what the entire amount initially you were supposed to get zero.
Mr. Plummer: Mr. Mayor, I call the question.
Mayor Suarez: Call the roll.
Mr. George Lopez: Mr. Mayor, Mr. Mayor, I'd like to...
Mayor Suarez: On this issue?
Mr. Lopez: I'd like to discuss the towing proposal on behalf of another
company.
Mr. Dawkins: The same...
133 December 10, 1987
Mrs. Kennedy: Oh...
Mr. Plummer: Ahhh...
Mr. Lopez: On behalf of Ted and Stan's.
Mayor Suarez: OK, but not for this district, right?
Mr. Lopez: Not on this - no.
Mayor Suarez: OK, let's get this roll call.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1128
A MOTION MODIFYING A PORTION OF PREVIOUSLY PASSED
RESOLUTION NO. 87-1027 WHICH HAD GRANTED A CONTRACT FOR
CITYWIDE TOWING AND WRECKER SERVICES IN ZONE 4 TO FREEWAY
TOWING BY ADDING THE NAME OF CORAL WAY TOWING, INC. TO
SHARE THE SERVICING OF SAID ZONE 4 AREA.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. De Yurre: I'm going to vote no because I think that getting into dividing
one area into two companies might be curtailing the income basis of these
companies, especially one that's been there for fourteen years, and I feel
that, just on a whim, basically right now to do this, I don't feel it would be
proper so I'm going to vote no.
COMMENTS AFTER ROLL CALL:
Mayor Suarez: Now, what was your complaint?
Mr. George Lopez: Mr. Mayor, members of the Commission, my name is George
Lopez, 200 Aragon Avenue, Coral Gables. I represent Ted & Stan's Towing
Company, Mrs. Jeannine Mykytka, her daughter, Teresa Mykytka. They are the
majority shareholders of Ted & Stan's. We are here today to respectfully
request that the Commission reconsider the award of Zone 6 to Ted & Stan's.
They were awarded Zone 5 and they had requested Zone 6, and...
Mayor Suarez: How did that happen?
Mrs. Kennedy: Didn't we alternate?
Mr. Plummer: Because we didn't give a damn which got which, they both were
awarded for both zones.
Mayor Suarez: You were applying for both.
Mr. Lopez: Their position is that they applied for Zone 6, number one, and
Zone 5 only as a second choice.
Mr. Plummer: They were qualified in both. Southland is here, right?
Mayor Suarez: They applied for both, they got one. I'm sorry we didn't know
that....
134 December 10, 1987
Mr. Plummer: You got any trouble with switching?
UNIDENTIFIED SPEAKER (Off mike): Yes, I do.
Mr. Plummer: OK, then you got a problem.
Mr. Lopez: Would there be any trouble with going back to the rotation basis
which was used prior, about two years ago?
Mr. Plummer: They got...
Mayor Suarez: I don't imagine we're going to change at this point.
Mr. Plummer: No.
Mayor Suarez: You got one zone and they got another, I'm sure next year we
can change.
Mr. Plummer: You take a chance of losing everything.
UNIDENTIFIED SPEAKER: Thank you.
Mr. Lopez: Mrs. Mykytka would like to address the Commission.
Mrs. Jeannine Mykytka: My name is Jeannine Mykytka. I am the principal, one-
third owner of the business. I would like to say my husband has been in the
towing business 25 years, mostly in that area. We have been working for the
City of Miami for ten years on a rotation basis except for the last two years
which has been our area, Zone 6. It was our primary choice for Zone 6,
category A and B. Zone 5, we did put in for two zones, we're very happy to
get one. We did suggest, respectfully, that we be awarded Zone 6.
Mayor Suarez: Just out of curiosity, what's better about one zone than the
other? Nope, not unless we're going to get into all of that.
Mrs. Mykytka: I could answer you very simply, sir.
Mayor Suarez: One gets a lot more calls than the other.
Mrs. Mykytka: No, we have been in the area so long...
Mayor Suarez: No?
Mrs. Mykytka: ... that we have a good rapport with the police in the area,
the neighbors, we can respond quickly, we know the area, and we can give
excellent service as our policemen will testify.
Mayor Suarez: Yes, that one can cut both ways.
Mrs. Kennedy (Off mike): You have a good rapport with the policemen.
Mayor Suarez: I don't know that this Commission's going to undo what we did
last time after much pain and suffering, so, you know, you might want to ride
on the momentum you have right now.
Mr. Plummer: Mr. Credo, you're a winner. Winner sit down.
Mayor Suarez: Right.
Ms. Teresa Mykytka: Well, last, the only thing I'd like say, I'm Teresa
Mykytka, we are a minority...
Mayor Suarez: Three presentations from one entity.
Ms. Mykytka: No, we are a minority corporation which the reason why...
Mr. Plummer: Don't be greedy, you've got a zone, there are those that didn't
get any.
Ms. Mykytka: The law states minority companies are supposed to get
preference.
135 December 10, 1987
4
Mr. Plummer: You did, you got a zone.
Christmas.
Ms. Mykytka: Thank you.
God bless you, enjoy it, Merry
Mr. Lopez: Thank you, Mr. Mayor, thank you, Commissioners.
Mr. Plummer: I thought you'd probably be one that didn't get a zone at all.
Mr. Rolando Molina: Mr. Mayor, members of the City Commission. My name is
Rolando Molina, Molina Towing.
Mayor Suarez: You're not here on this item too.
Mayor Suarez: Let me just check something here procedurally
Mr. Plummer: Mr. Molina, did you not get a district?
Mr. Molina: Yes, but I - I don't come here to try to make my shoe fit on my
feet. I just come here to explain what was represented on the last 17 years
on the Zone number 3.
Mayor Suarez: Did you get a zone?
Mr. Molina: Yes, but I want to explain something that hasn't been able to
explain last time.
Mayor Suarez: Two zones. Let me tell you something, you're not even on the
agenda today, I think Mr. Marcus is the only one that requested to be and...
Mr. Molina: I don't have a two zone.
Mr. De Yurre: Mr. Mayor.
Mrs. Kennedy: No, one zone.
Mayor Suarez: One zone and I - you're not on the agenda, I'm disposed to hear
unless one...
Mr. De Yurre: Mr. Mayor, yes.
Mayor Suarez: Yes.
Mr. De Yurre: He's got Zone 3 and Molina Towing has been, I believe in that
section, how many years have you been there?
Mr. Molina: Seventeen years.
Mr. De Yurre: Seventeen years. I would think that we should listen to what
he has to say because I feel that there was some confusion at the last meeting
with Downtown Towing and whether they were qualified or not and I found out
some things since then that are disturbing to me so I think that we should go
ahead and listen to what he has to say.
Mr. Molina: All right, all the Commissioners know the Zone number 3 is the
small zone on the City.
Mayor Suarez: The what?
Mr. Molina: This is the small zone on the City. The average towings on
the.. .
Mayor Suarez: The smallest, is that what you're say...
Mr. Molina: Smallest City, yes, in smallest zone. 'the average towing on that
zone is no more than a six or eight vehicles per day. There's a bring
estimates as a 1,555 cars for years.
Mr. Plummer: This is in reverse of the other one?
Mr. Molina: Then, we service the City of Miami in three different phases.
136 December 10, 1987
Mr. Plummer (Off mike): This is reverse. In other words, he's in with
somebody and he wants to be by himself. So this is reverse of the other one
who wants to be two in the same.
Mayor Suarez: Right, this is the inverse of the other one we did when we
split...
Mr. Plummer: Is this off -setting?
Mr. De Yurre: All right. Well, the thing is, and I'd like for him to
address, is the things that he does for the City at no charge because I think,
after listening to him, he does a lot of things that he doesn't charge and in
the long run, I think he doesn't make a heck of a lot on this business. After
all the freebies that he has to give back and all the free work that he does
for the City, picking up abandoned automobiles and all that kind of thing...
Mrs. Kennedy: In fact, didn't you clean up our streets before the Pope's
visit? Wasn't it you?
Mr. Molina: Mr. Mayor, six months ago I was selected by Solid Waste to clean
the City of Miami. It's not an easy job to do and it's a very expensive job
to do.
Mayor Suarez: How much does it pay?
Mr. Molina: I paid $10.00 for each car I pick up from the street, I paid to
the Solid Waste.
Mr. De Yurre: He pays.
Mr. Molina: I don't get nothing from it. I pay money back to the -------
Mayor Suarez: Right, you take the cars.
Mr. Molina: I take the car, I hold it, I processing it, crush it and pay
$10.00 back to Solid Waste.
Mr. Plummer: But then you sell the car.
Mr. Molina: I don't sell the car, I crush it because I can't sell the car.
Mayor Suarez: You crush it and you throw it away? And you do all of that as
a public...
Mr. Molina: I have to bring it to the crushing machine.
Mayor Suarez: And you do all of that as a public service.
Mr. Molina: It's not a public service, Mr. Mayor.
Mayor Suarez: You sell it then. You sell whatever you can.
Mr. Molina: Well, they sell it by weight. Most of the cars...
Mayor Suarez: However you sell it, you sell it.
Mr. Molina: Yes, but as you put a main power gasoline breakdown the truck
tires and you pay $10.00...
Mayor Suarez: I'm sure it costs a lot to do all of that.
Mr. Molina: It costs more than that and I can prove that, especially when you
bring those big buses abandoned on the street and you have to cut them with
torches to make a small one so you can process. Mayor, I just want the
Commissioners and Mr. Mayor, you consider it, the size of the zone that is
service, for how long that I've been in service and a family that makes its
living from them and I think this in only fair that some can be on rotation
with any other company. If they're going to be ---- on rotation one day,
please...
Mayor Suarez: How many cases a year do you expect in that zone total, or a
month, which ever you want to give it to me?
137 December 10, 1987
9,
Mr. Molina: Pardon me?
Mayor Suarez: How many towings a year or a month would...
Mr. Molina: I already say, I receive estimate from the Police Department of
155 - 1,555 automobiles in the twelve month period.
Mayor Suarez: Towed.
Mr. Molina: Towed.
Mayor Suarez: Not the ones that you picked up abandoned that you did for...
Mr. Molina: No abandoned, I can pick up at Southland today.
Mayor Suarez: Nope, no, I don't want to know how many of those. That's a
separate contract you've got.
Mr. Molina: Right.
Mayor Suarez: It's 550 a year in that zone?
Mr. Molina: That's right.
Mr. Plummer: One thousand five fifty.
Mr. Molina: One thousand, five hundred and fifty-five.
Mr. Plummer: Fifteen fifty.
Mr. Molina: This a approximately like 6, 7 cars a day.
Mayor Suarez: So, in this case, you would get roughly half of that, 775.
Mr. Molina: Right.
Mayor Suarez: Wouldn't you be able to make money on that? Isn't that a
profitable enterprise for you to get 775 towings a year at least?
Mr. Molina: It's not enough.
Mr. De Yurre: It isn't and he's pretty much a minority employer. I think
he's got 7 blacks working for you, you got what, five Hispanics.
Mr. Molina: Right.
Mr. De Yurre: I think they're all minority and the thing is, after listening
to what he's had to say, not just now but at other times, and knowing the type
of work that he's done for this City of Miami with a lot of pro bono work and
understanding the problems we had with Downtown Towing, I just feel it would
be better interest for the City of Miami if he were to keep that section 3 to
himself.
Mayor Suarez: Do we know anything more about Downtown Towing than we did the
last time?
Mr. Williams: Mr. Mayor, we did communicate to them at your direction and
we've given them the 30-day deadline as you all indicated here to clear up
these issues and I think that somewhere near the 20th of the - 20, 22nd of the
month for them to have a resolution of those issues.
Mayor Suarez: The only thing I can think of, Commissioner, I mean, that would
make any sense, if there is a problem with Downtown Towing, we'll know at that
point and we can take this up.
Mr. Plummer: It'll resolve itself.
Mayor Suarez: It might resolve itself. But, I can't see going back on that
vote.
138 December 10, 1987
4b
•
Mr. De Yurre: Well, the thing is, if it doesn't, I'd like to have it come
back then before the Commission.
Mayor Suarez: For myself, I can't see going back on how we voted on it
before, but unless they're disqualified, Downtown Towing, by whatever
information we're obtaining from them now. You're welcome.
Mr. Plummer: I think if you wait another ten days, it might resolve its own
problem.
Mayor Suarez: It's up to you.
Mr. De Yurre: Yes, what if it doesn't?
Mayor Suarez: It's up to you, I'm telling you I can't...
Mr. Plummer: Bring it back up later.
Mr. De Yurre: OK.
Mr. Molina: You all like to see this work that we done on it?
Mr. De Yurre: Well...
Mayor Suarez: What's the final determination? Oh, you're not going to make a
motion at this point or you are?
Mr. De Yurre: Well, I'd like to make a motion that they get this Section 3 to
themselves.
Mayor Suarez: So moved.
Mrs. Kennedy: I'll second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 87-1129
A MOTION MODIFYING A PORTION OF PREVIOUSLY PASSED
RESOLUTION NO. 87-1027 WHICH HAD GRANTED A CONTRACT FOR
_ CITYWIDE TOWING AND WRECKER SERVICES TO MOLINA TOWING,
INC. AND DOWNTOWN TOWING IN ZONE 3 BY REASSIGNING ZONE 3
TO ONLY BE SERVICED BY MOLINA TOWING, INC.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
NOES: Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: OK.
Mr. Plummer: You got it. Merry Christmas.
NOTE FOR THE RECORD: Item 49 was withdrawn by the applicant.
139 December 10, 1987
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40. GRANT CLOSURE OF STREETS REGARDING THE OPEN HOUSE INAUGURAL EVENT
CONDUCTED BY SER JOBS FOR PROGRESS, INC. - ESTABLISH PEDESTRIAN MALL -
SUBJECT TO CONDITIONS.
Mayor Suarez: Fifty, SER Jobs for Progress, Skip Chavez, hanging around all
day.
Mr. Odio: They are requesting the cost of police services for an open house
and the closing of the street from N.W. 9th Street between N.W. 27th Avenue
and N.W. 27th Court.
Mayor Suarez: I'll entertain a motion on the closure of the streets and get
that out of the way.
Mr. Plummer: So move.
Mrs. Kennedy: Move it. Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1130
A RESOLUTION CONCERNING THE OPEN HOUSE INAUGURAL TO BE
CONDUCTED BY SER JOBS FOR PROGRESS, INC. TO BE HELD
JANUARY 21, 1988 PROVIDING FOR THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES 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
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
f Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Good to see you, Chick.
Mr. Skip Chavez: Yes, Mr. Mayor, Mr. Commissioners.
Mr. Plummer: No, it is there something else?
Mr. Chavez: Money.
Mr. Dawkins (Off mike): What? This is what now, that's fifty?
Mayor Suarez: Forty-nine, forty-nine.
Mr. Chavez: Very little.
Mr. Plummer: You're kidding.
140 December 10, 1987
V
0
11
Mr. Chavez: Yes, first of all I want to thank you, the Commission this
year...
Mr. Plummer: No, you're kidding, you're not here for money.
Mr. Chavez: Very little.
Mr. Plummer: You won't even get that.
Mr. Chavez: This year the Commission voted to support our effort to open our
family learning center. It's up, it's running and we want to have an Open
House on the 21st of January. This is why we're here today. And, of course,
all the Commission members will be invited as will the City Manager.
Mayor Suarez: What do the in -kind services amount to, Skip, in your...
Mr. Chavez: It's 3 hours, from 4:00 to 7:00 p.m.
Mayor Suarez: What's the amount of money?
Mr. Chavez: I never got the quote from the Police Department.
Mayor Suarez: Do you want to post a bond for solid waste services?
Mr. Chavez: That's not necessary, just the policemen.
Mayor Suarez: It's not necessary.
Mr. Odio: I think I have to make a point here whether it's $200 or $2,000,
that we have a tight budget in the Police Department and that if I...
Mayor Suarez: Well, I haven't proposed waiving any of the police services at
all.
Mr. Odio: And I have to recommend even it's...
Mayor Suarez: So it's all police? What you need is all police?
Mr. Odio: Yes.
Mayor Suarez: And it's what, how much?
Mr. Odio: About $250.
Mr. Plummer: You can't afford $250?
Mr. Chavez: We're paying for the barricades so it's just the police service.
Mayor Suarez: Can't we lend them barricades?
Mr. Odio (Off mike): I can lend them the barricades.
Mayor Suarez: I love when I ask these kind of questions and, you know,
without giving them advance warning and one goes like this and the other one
goes like that.
INAUDIBLE COMMENTS.
Mayor Suarez: We'll lend you the barricades but you've got to pay everything
else, Skip, it sounds like.
Mr. Chavez: Which is just the police.
Mayor Suarez: Police.
Mr. Chavez: Fine.
Mayor Suarez: OK, do we need a motion on that or you can do that on your own,
can you? Thank you, Skip, you were very eloquent, quick, brief, friendly.
141 December 10, 1987
41. ALLOCATE $4,500 TO PURCHASE TICKETS FOR THE CITY'S UNDERPRIVILEGED YOUTH
REGARDING ROCK AND ROLL WRESTLING MATCH BENEFIT CONCERT IN SUPPORT OF
"CURE AIDS NOW".
Mayor Suarez: Next item 51.
Mr. Odio: The representatives of Cure Aids Now, they want an estimated $8,300
for the rental of the Miami Marine Stadium for a benefit concert to be held
there December 29th. And too, I believe they want $170,000...
Mr. Plummer: They want what?
Mr. Odio: ... for the Meals on Wheels which will end January 8th, 1988. They
want another $170,000 and we're recommending denial on both cases. We do not
have funding, we do not have any money for this and what we recommend is that
they apply for next year's CDBG through the process, 14th year.
Mayor Suarez: Does anyone from the Manager's office, Frank or I'm trying to
check with my own office, because we've been applying for funds of all that
new federal money that is coming down; a total of a $1,000,000,000, I think,
if I remember correctly, know the status of any of those applications from the
City?
Mr. Odio: I don't know the status right now, but we have people working on
the grant program.
Mayor Suarez: Maybe they were only doing it through my office in which case
it would just be an effort, you know, that would be undergoing to try to help
the situation get as much funding as we can on this issue and then figure out
later how we're going to deal with it, but go ahead and make the presentation.
If I get any information, I'll let you know.
Mr. Bob Kunst: Thank you. My name is Bob Kunst, I'm director of Cure Aids
Now. We're located at 2240 So. Dixie Highway, 22nd Avenue and So. Dixie.
Since the last time that I was here earlier this year where the City was
generous enough to offer us 20 meals a day for people living with Aids that we
got through Community Development and then was finally matched by the County.
This has been actually the first program in the United States with the City
and County participating simultaneously in purchasing food for this crisis
issue. Even in New York and San Francisco, it's done through the churches and
we at Cure Aids Now have now delivered over 7,000 meals. Now I'd like to tell
you that the problem that we have in this town is so acute that today alone we
had five new clients. I wasn't able to get the fifth person but South Florida
Aids Network gave us one, Health Crisis Network gave us one, Visiting Nurses
Association gave us two. We have two people who are Haitian, two who are
black, one who is Hispanic so far; just today. What I'd like to suggest is
that we don't have any money to operate whatsoever outside of the generosity
of the public to really come to terms with this crisis that right now has 1500
clients in Dade County and 15,000 pre Aids cases and a quarter of a million
people right in our community right now who would test positive. All of these
figures are doubling every year.
Mayor Suarez: How many did you say, about?
Mr. Kunst: Fifteen hundred cases, 60% are already dead. Fifteen thousand pre
Aids cases that already exist, these people are also extremely sick, need
medical attention and many of them are already dying, they don't have to even
go on to full blown Aids and a quarter of a million people today who would
test positive. Our demographics in Dade County are so totally cockeyed from
the rest of the country. Right now, 41 percent of the cases are black to a
national 25 percent. Twenty-five percent of the cases are Hispanic to a
national 14 percent. And even though we have the reputation of being the drug
capital of the planet - I'm talking a life and death situation, I'd really
appreciate a little attention - as much as to Off -Street Parking and stuff.
Mayor Suarez: What, what...
142 December 10, 1987
Mr. Kunst: And the bottom line is, we only have a 13 IV drug use compared to
a national 17 percent. In the last month, we have all of a sudden gotten
seven women on our program. We never had women before. What I'm trying to
suggest is, while the City and County have helped in terms of purchase of
food, we are already behind compared to the number of clients that we have and
even in terms of food. We have no food for an additional 10 clients we had
this week because we've already reached saturation.
Mayor Suarez: Let me say one point on that, through the Community Development
block grant application process, which, I know, does not resolve the immediate
problem...
Mr. Kunst: Right.
Mayor Suarez: ... because it doesn't begin in our case until - the process
begins in March and the fiscal year begins July 1, right? But you have hit,
with this program, the two criteria that we deem to be the two most important
as established, I think, at the suggestion of Commissioner Plummer a couple of
years ago which are food programs and health related programs. You've also
hit, of course, within that category of health related, perhaps the single
most critical health related problem that we've got in the nation. So, in
that particular process, I presume that you would get a very high rating and
we have, this year, how much money to split into social programs, Frank?
Mr. Plummer: Well, Mr. Mayor, just so, you know, we don't get into a bind
later, there is no question that this meets both criteria.
Mayor Suarez: OK.
Mr. Plummer: But, let's also remember for the past two years, there's been an
absolute no new programs because...
Mayor Suarez: Oh, we do have that policy, OK.
Mr. Plummer: ... well, more so last year was devastating. We had to cut
existing programs because we were cut 36 percent in our funds. So, you know,
the problem is to...
Mayor Suarez: We're not going to be getting - let me ask Frank, if I may
interrupt you for a second - we're not going to be getting any extra money in
view of the Aids crisis through that Community Development Block Grant
process?
Mr. Odio: We're going to lose.....
Mr. Plummer: Less.
Mr. Frank Castaneda: No, depending on what happens in Washington, if the
Grant-Rugman thing goes into affect which it has gone into affect, it will
mean an eight -and -one-half cut across the board.
Mayor Suarez: But what about Aids monies? Will they not go through Community
Development Block Grant?
Mr. Castaneda: No, Aids money would not go through Community Development,
it...
Mayor Suarez: And you're not aware of any applications by the City or any
entities that the City has...
Mr. Castaneda: On the Aids issue? No.
Mr. Plummer: Are there any federal Aids monies available that we could apply
for?
Mayor Suarez: There's a billion dollars in the total package.
_ Mr. Kunst: Yes, I can make several suggestions to you. There are different -
- first of all, it's really hard to figure out what agency and government is
doing because you know how bureaucratic it is up there.
143 December 10, 1987
Mr. Plummer: Oh, well, that's the biggest problem there is, there's too many
people involved.
Mr. Kunst: National Institute of Drug Abuse has, some types of, the funds
available. Even the National Institute of Mental Health has types of funds
available. There's supposed to be money coming down, hopefully, on housing.
But, I'm telling you the problem is so monumental and we have been doing
everything on our own and we're not getting any money. We are really
desperate right now. I'd like to give you just one example, if I may, of some
things that we've done that have been pretty credible. First of all, besides,
and you know I'm highly visible media, I always compliment the City and the
County because this is the first program and, by the way, when I went up to
Atlanta with an Aids Minority Conference there and there were a thousand
people and they said, "wow, look what you got" and I'm saying, hey, none of
you have it but if we don't get anything in terms of delivery of these issues.
We get the food from you, but the crisis that we're having is that we are so
saturated and we've had thousands of volunteer hours but we can't cope any
longer. And we get food from all - excuse me, we get the patients from all
these agencies like Jackson and South Florida Aids Network and Health Crisis
Network and Visiting Nurse Association and all these groups that get millions
of dollars and they don't even talk to each other. In fact, the County is so
completely screwed up on how to deal with this, it's really an embarrassment.
they don't even tell us when the patients, God forbid, pass away or when they
have moved or they're back in the hospital. We have to find out first hand.
And I must tell you, when we deliver the food, we get the full blown crisis on
hand because these people are falling through the system on every single
level. And they yell at us and we go back and yell at these agencies and we
say, why can't you even coordinate? And I must tell you that this County has
been miserable on this level. They sloughed off the responsibility to the
South Florida Health Council which gets a hundred and twelve grand from the
South Florida Aids Network which is tied to HRS. Nobody wants to deal with it
outside the County facility and every hospital in Dade County's got Aids
patients and nobody wants to talk about it. I mean, this thing is so bad, we
had one of you - I'm afraid it's the Accounting Department that was putting...
Mayor Suarez: Let me just inform you of some of the efforts that we're
involved in. We have helped both JESCA and the Urban League apply for monies
under a specific allocation that is for minority programs. You, obviously,
sir, are minority clients, but for whatever reason may or may not...
Mr. Kunst: Yes, and I'd like to show you what we have. We don't even have
a...
Mayor Suarez: I'm just telling you, this is something else that's being done.
Your organization is not the only one so I'm telling you about two others that
have been coordinating with our office. Unfortunately, the deadline was
November 1, but there are substantial federal monies and we're trying to get
at those.
Mr. Kunst: If I could make several suggestions here. Number one, and this is
one reason I'm asking the City to help us sponsor this event down here is
because we are really desperate for the funds right now. Here's just one
program that we put on, Black Awareness. I am very happy to say that because
of our involvement in this community and the media that we do, that not only
is Miami 10 percentage points higher than the rest of the country on people
willing to change behavior, thankfully, but we had over 400 people who showed
up at the Caleb Center in a co-sponsorship with WEDR. This was the highest
group that has attended any Aids session in the entire United States, not just
the City of Miami. And we were so pleased because it was a two and a half
hour fabulous program. The relationship that we have in the Hispanic
community, we had a fabulous booth with the Hispanic Heritage Festival with
200,000 people visible. We're the only, believe it or not, we're the only
organization in the entire United States that even has a button in Spanish, on
even dealing with the issue. Even New York and California don't have it and
they've got huge problems too. But what I'm saying, this thing is so
completely cockeyed on how it's being approached and we're dealing every
single day with crisis. I had one call today from a gentleman who's been at
Jackson 43 times from a bad blood transfusion. Forty-three times asking for a
place to stay. The County is still futzing around and, excuse my language, on
even paying for a place to put people. We've negotiated now with at least two
operations on Miami Beach to even place people. But these people are
literally dying in the streets and then when they get abused, they take it out
144 December 10, 1987
on everyone else. I can't even begin to tell you all the problems, I mean, it
would take hours. But right now ourselves, we're just at the verge of
collapse, physically and emotionally because we can't take it any more. We
have people who are volunteering full time and none of us have been paid and
we really need your help on an emergency basis here because everyone else who
is getting the bucks are not doing the job in terms of what has to be done,
let alone the fact that all these figures, everything I'm giving you now is
all going to double. If we don't get our roots right now into handling this
crisis, we are going to be so inundated, you won't even know what to deal
with. And I appreciate the fact that we can work together to get grants, but
I want to tell you, the federal government approach is totally cockeyed. As
you know, we hosted the President's commission on Aids here. Do•you believe
that, all of a sudden, they managed to discover 43 therapies in Europe which
we've been screaming about for over a year to save lives. And we only have
one in the United States and I want to tell you something, if you're a poor
person and you are indigent, you don't get AZT. They give you Batrim and they
give you Sass and they throw you out in the wrong places. We've had people
literally die in the hallways of Jackson Memorial and, in fact...
Mayor Suarez: Bob, we know the problem.
Mr. Kunst: OK. What I'm asking your help is three things, a) we wrote a
proposal which is bottom line on full time operation with this for $107,000
that complements our Meals on Wheels program because we cannot take it any
more. We're saturated on every level. That's number one. Number two, when
we got this property that we just opened up our headquarters in July and we
had an occupancy license, the first thing the City comes to us with after we
get, and I must tell you we've had at least $25,000 worth of in -kind services
donated to us by corporations in Miami. Today we had an offer of furniture
from a dentist in Hollywood, Miami Beach and of desks from Miami...
Mayor Suarez: Bob, you're going off on tangents.
Mr. Kunst: ... what I'm saying is, we don't spend money unless we have to.
What I'm trying to say is, that when we had our landscaping done of taking a
really awful looking place and doing it all...
Mayor Suarez: Let me tell you just so you have an idea.
Mr. Kunst: ... the City came to us and said, hey, you need a permit.
Mayor Suarez: Let me tell you one thing. I still don't know exactly what you
are asking us for, but I have an idea you are asking us for a lot of funding.
On the problem of homeless, which is not as bad as the one you are dealing
with, you know, certainly a close second, this Commission, even when we get
money from the Federal government, has a policy which occasionally goes one
way on a three to two vote, sometimes the other way, but just about has set a
policy of not getting involved for the simple reason that we are not set up to
tackle those things. Social service, health programs are county, state and
federal responsibilities. Nevertheless, we are willing to entertain your
proposal and we are listening to you today. What specifically are you asking
so that we can make a determination. We know the problem. You don't have to
convince us of the problem.
Mr. Kunst: All right, thank you. I am asking for three things. One is to
channel us through this grant proposal, through your community development, or
whatever agency that you want, or...
Mayor Suarez: Absolutely no problem that I can...
Mr. Kunst:... help us write grants so that we can get...
Mayor Suarez: Absolutely no problem.
Mr. Kunst:... Miami number one on this. Please don't depend on the County.
We went to the County. Let me tell you, we've given out 20,000 copies.
Mayor Suarez: You don't have to make that argument to us. You've got that.
Mr. Kunst: Well, just one issue here, OK? We have the surgeon general's
report on aids, we passed out 20,000 already through Dante Fascell's office,
145 December 10, 1987
giving it to us, and we went to the County to interpret it in Spanish. What
do you think we got with them?... for six months wasting time!
Mayor Suarez: If you'd come to my office, we would have given it to you
within a couple of days.
Mrs. Kennedy: Frank Castaneda is standing right behind you.
Mr. Kunst: Thank you, but what I am saying is, when the channel goes to
to leave it someone else's responsibility, we want Miami to take a
leadership roll, number one. Number two, please waive the requirements of
these Miami agencies that came to us that we need a $30 permit for
landscaping, which has already been put in, which we cleaned up the mess, a
parking lot that has been sitting empty for 50 years there that we have
cleaned, now they want us to pave it. We don't have money for that type of
stuff.
Mayor Suarez: Can we work with...
Mr. Dawkins: I'll write the $30 check. Don't waive nothing. I'll write...
Mr. Kunst: Great, mail it to them.
Mayor Suarez: No, no, but they are parking about paving. Can we work with
them so we don't impose any unreasonable... just work with them so that we
don't impose any unreasonable requirements and to the extent that they are,
let us know, we will get on top of the staff to see that they don't impose
those.
Mr. Kunst: Thank you. Number three, we created a very positive event, which
is down here that we would like to get the City of Miami to cosponsor with us.
Ironically, to get the sports community involved with the AIDS issue is a
major breakthrough, let alone rock and roll with it, let alone the fact that I
just discovered today that the thing is actually going to be broadcast in
Boston, Connecticut, upstate New York, New Hampshire, Vermont, Maine, Tulsa,
Oklahoma; Lynchburg, Virginia; Pennsacola, Melbourne, Rhode Island;
Huntington, West Virginia, Williamson, West Virginia, Denver, Colorado,
Albany, Georgia, London, England, Philippines and Iceland.
Mayor Suarez: What do you want from us on this third item, please?
Mr. Kunst: I'd like you to please come in with a cosponsorship and help waive
the fees on this event, which totals...
Mayor Suarez: What is the event?
Mr. Kunst: The event is December 29. It is a "Cure AIDS Now" fund-raiser,
rock and roll wrestling at Miami Marine Stadium. It is $8,300. We have a
tremendous opportunity to get a great deal, a vast amount of publicity, let
alone the community involved for the holidays, let alone, help people who can
really be positive with it.
Mr. Plummer (OFF -MIKE) We are not doing any favors because when we cosponsor
it, then everything else is time and one half. You are not doing any favors.
Mr. Kunst: Well, you are doing us a favor to put on a very important event,
b) to put money into our campaign, and number...
Mr. Plummer: Bob, it is not the point. The contract with the Police
Department is, that if the City is a joint venture with any one, then the
policemen receive time and one-half, rather than normal time, so what you are
going to do, you are going to go up, you are going to sky rocket your costs.
- The problem that you see is our contract with the Police Department, that if
we cosponsor, instead of regular time for the police, then get time and one-
half, OK?, with minimum hours, and your problem is, all you are doing, is just
raising your costs, if we go fifty-fifty.
Mr. Kunst: I'd like this City to purchase a block of tickets and get involved
with your publicity department and help to create a whole wonderful statement
here from Miami to the rest of the planet that we are in a leadership role and
not playing behind the thing, that we recognize the problem and are helping
agencies that are in the trenches going crazy, trying to deal with this menace
every single day!
146 December 10, 1987
Mr. Plummer: Mr. Manager, if we buy tickets, it doesn't make us a cosponsor.
How much are the tickets?
Mr. Kunst: They are $10, $15 and $25. The $25 tickets are also a cocktail
reception for all the stars and the people that are involved, the $10 and $15
are general admission, but if we had the City that could back us on this...
Mr. Plummer: Is there anything education about that program?
Mr. Kunst: Yes, tremendously, because we are going to have a vast amount of
media, we have tables, we have all kinds of stuff we are giving out. There
will be speeches and everything. We have even the people who are
participating that will be doing media on behalf of the AIDS issue. It is a
very, very positive statement in the right direction. Thank you. Mr.
Dawkins, I appreciate it.
Mr. Plummer: Give them to inner-city kids. I will make a motion at this time
that the City purchase, the administrative level, of $4,500 tickets, and that
all of those tickets go to inner-city kids for the education of knowing more
about this dreaded disease.
Mr. De Yurre: Second.
Mrs. Kennedy: I'll second.
Mayor Suarez: Moved, seconded, thirded, any discussion? I guess they won't
be getting it necessarily that day, because it sounds like a lot more
entertainment than anything else, but...
Mr. Kunst: Well, actually, we are going to do a whole range of things there,
and believe me, we are not going to be getting a whole political number,
and...
Mayor Suarez: I'm sorry I mentioned. I am sure you willt
Mr. Kunst:... health number, but we will do it.
- Mayor Suarez: I'm sorry I mentioned it. Call the roll. What? Commissioner
Kennedy.
Mrs. Kennedy: Bob, let me just tell you, that are some public spirited
companies that are willing to get involved. I mentioned, I brought up the
other day at a meeting... Citicorp arranged a meeting and they are now helping
that organization. Please see Marsha from my office before you leave, and we
will put you in contact.
Mr. Kunst: Oh, that would be terrific. Thank you very much, and any help
also that any of the Commissioners and Mr. Mayor, of people in the community
you know who would be socially conscious on this level is really terrific.
Thank you.
Mayor Suarez: Keep in mind that application that I mentioned too, of those
two entities, JESCA and Urban League. In fact, in connection with that
particular event, they might be able to use some of the tickets that we
purchased. In fact, they will probably gobble them all up.
Mr. Kunst: I thank you very much for your help. I hope you, at some time at
your own convenience - I know you are all very busy - but, please come for an
on -site inspection and see what we are doing. I think you'd be really
impressed. We have some real roll model programs for the nation. I wish we
only had the money to back it, but the enthusiasm and the energy is there and
it is working on many levels. Thank you very much for your help.
Mayor Suarez: Call the roll. We haven't yet.
147 December 10, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1131
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,500
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
TO PURCHASE TICKETS TO BE DISTRIBUTED AMONG
UNDERPRIVILEGED YOUTH FOR THE ROCK AND ROLL WRESTLING
MATCH BENEFIT CONCERT IN SUPPORT OF CURE A.I.D.S. NOW
TO BE HELD AT THE MIAMI MARINE STADIUM ON DECEMBER 29,
1987.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner DeYurre, 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.
42. ALLOCATE $1,300 IN SUPPORT OF THE SOCIAL SERVICES PROGRAM OF MIAMI
RESCUE MISSION INC.
Mayor Suarez: Item 52.
Mr. Odio: The Miami Rescue Mission.
Mr. Plummer: Rescue mission.
Mr. Odio: Oh, Dr. Jacobs.
Mr. Plummer: Can we do this legally? They want us, because the filed late to
get a tax exemption. They want us to waive the City portion of the taxes.
Mr. De Yurre: How much is it?
Dr. Franklin Jacobs: No, sir, it is not late filing. Vacant land and a
building that is not complete and inhabited cannot be tax exempt for a
nonprofit organization. OK, I am Franklin N. Jacobs, president and executive
director of Miami Rescue Mission.
Mr. Plummer: Well, what is the relief on?... for the church, for the Rescue
Mission?
Dr. Jacobs: The real estate taxes for the year of 1987...
Mr. Plummer: How much is it, Frank?
Dr. Jacobs: The City's portion is approximately $900 and then there is an
item of liens for solid waste, which we have not received the services for,
because there has been no... that we are including... approximately we are
requesting $1,300, that we will turn around and pay right back to the City.
Mr. Plummer: How much is the total?
Mr. Odio: $1,300.
Mr. Plummer: I move it. Rescue Mission cooperated with this City when we
asked them to move, in the full spirit of cooperation, they need help, we need
to help them. I so move.
148 December 10, 1987
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded, thirded. Any discussion? Call the roll.
They are also solving a problem that we can't solve, the problem of the
homeless.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1132
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $1,300
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE SOCIAL SERVICES PROGRAM OF THE MIAMI
RESCUE MISSION, INC.
(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.
Mr. Plummer: Go away, and sin no more.
Mayor Suarez: And get that signature machine so I don't have to sign all
those letters thanking all those people for all that money they are giving us.
43. GRANT REQUEST TO REVOKE THE "DEGARMO ESTATES" PLAT.
Mayor Suarez: Item 53. Counselor.
Mr. Shalle Stephen Fine: Mr. Mayor and Commissioners, my name is Shalle
Stephen Fine, I practice law at 46 SW 1st Street and I am the president of
Degarmo Estates Corporation. We are asking you to revoke a plat of Degarmo
Estates which was previously approved, and we are doing that because we have a
new plat, which is in preparation which will be filed immediately, but we
can't have two pending at the same time. This plat is not... the one we are
asking you to revoke has not been recorded yet, so we want it revoked so that
we can submit the new plat.
Mr. Plummer: Never heard of this one.
Mr. Fine: Well, we have talked to the administrative people and this seems
like an effective way to do it administratively. That is why we are asking you
to do it.
Mr. Plummer: What does the department recommend?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Hirai: Mr. Cather, would you kindly put your statement on the record?
Mr. Donald W. Cather: My name is Donald W. Cather, director of Public Works,
City of Miami. We have no objection to the...
Mr. Plummer: Move the revocation of the plat based on the recommendation of
the department director.
-1 149 December 10, 1987
i
Mr. Cather: ... revocation of the plat.
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion?
Mr. Plummer: Never heard of one of these.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1133
A MOTION GRANTING REQUEST RECEIVED FROM MR. SHALLE STEPHEN
FINE BY REVOKING THE DEGARMO ESTATES PLAT.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
Mr. Fine: Thank you, Mr. Mayor.
Mayor Suarez: Very eloquent today, brief, to the point.
0 ------------------------------------------------------------------------------
44. AUTHORIZE AND DIRECT CITY MANAGER TO MEET WITH REPRESENTATIVES OF BLACK
MAYORS CONFERENCE TO SEE IF THEY WOULD WAIVE OUTSTANDING TICKETS TO BE
PAID ON THE CONDITION THAT THE CITY WILL PAY OTHER LEGITIMATE BILLS
STILL PENDING FROM SAID CONFERENCE.
------------------------------------------------------------------------------
Mayor Suarez: Item 54. Cesar.
Mr. Odio: That's the Black Mayor's conference. Mr. Mayor, if you want us to
pay the overdue bills, which is $22,000, you would have to have another
resolution, because the original resolution called for payment of in -kind
services.
Mr. Plummer: That's right, and that was fully understood and fully agreed
upon.
Mayor Suarez: That's not what they tell me, and that's not what we were told
last time.
Mr. Odio: Yes, sir, I researched that and that's...
Mr. Plummer: Yes, sir, that was...
Mayor Suarez: Well, you will have to show it to me then, if you want to prove
that to me.
Mr. Plummer: It was clear.
Mr. Odio: Frank, show it to him.
Mayor Suarez: How can it be clear if you haven't shown it to me?
Mr. Plummer: Oh, OK.
Mayor Suarez: Distinctly remember! I don't distinctly remember anything,
actually. I just vaguely remember.
150 December 10, 1987
Mr. Plummer: Basically, the overdue is all whiskey bills.
Mayor Suarez: Listen, hey, it is up to the City. If you want to pay for a
very successful conference that took place in the City of Miami, thanks to the
effort of many people, or do you want to leave the overdue bills so that the
individual who engaged those services gets sued, and then they sue us. It is
totally up to you.
Mr. Plummer: Mr. Mayor, I guess I might feel differently, if the basis of
these bills are whiskey bills for a cocktail party which was held in Opa
Locka.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: The thing you gave me at the last meeting showed a whiskey store
and...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Sir, it was clearly stated on there that it was a whiskey bill
for...
Mr. Dawkins: Pay it, he's a friend of mine.
Mr. Odio: Well, let us clarify the record.
Mayor Suarez: I remember going to a function in Opa Locka...
Mr. Plummer: I was there.
Mayor Suarez: ...that you were at, you were present at, and that certainly
seemed like a very important function for the City, with Mayors from
throughout the country, I mean, I don't know if there was whiskey, or not. I
know I didn't drink any whiskey. I drink rum.
Mr. Dawkins: Mr. Pierce, we...
Mr. Pierce: Yes, sir.
Mr. Dawkins: We authorized $25,000 worth of in -kind services, is that
correct?
Mr. Pierce: Yes, sir.
Mr. Dawkins: OK, now, but there is how much... what is the total amount of
bills outstanding?
Mr. Odio: $23,000 and we have $21,000 remaining in the balance.
Mayor Suarez: Because they didn't use the in -kind services.
Mr. Odio: They did not.
Mayor Suarez: OK.
Mr. Dawkins: What now?
Mayor Suarez: They didn't use the in -kind services.
Mr. Odio: We have $23,000...
Mayor Suarez: We authorized $25,000 in -kind services. They didn't use the
in -kind services.
Mr. Plummer: Yes, but as I also recall...
Mr. Dawkins: What's the total amount outstanding? - somebody, anybody!
Mr. Odio: $23,000.
Mr. Dawkins: That's all?
151 December 10, 1987
A
Mr. Odio: That's all.
Mr. Pierce: $23,237.20.
Mr. Dawkins: All right now, who owes for the printing? What is that?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Pierce: I have a list of bills here.
Mr. Dawkins: OK, give me...
Mr. Pierce: Let me tell you what I have.
Mr. Dawkins: OK.
Mr. Pierce: There is a food - Wong Kai, $8,115; beverage and New Frontier,
$2,382.60; paper products, Dade Paper Company, $2,266.68; plants and
decorations, Green Leaves of Miami, $1,662.42; promotions, MEI Communications,
Inc., $875; transportation, Limousine Service, Inc., $7,941.50. In
addition to that, that totals $23,237.20...
Mr. Dawkins: Listen to this now, closely. Go ahead, now.
Mr. Pierce: In addition to that, for tickets to various events that were to
be purchased by the City of Miami, there was an amount outstanding, which is
owed directly to the National Conference of Black Mayors. It was an amount of
$17,200.
Mr. Dawkins: Hold it now. This was the tickets for what now?
Mr. Pierce: For tickets to the various events and functions.
Mr. Dawkins: That we purchased?
Mr. Pierce: That I don't know if we purchased or not, we received. Some of
those tickets I know were received. I don't know if we got them all, or what.
Mr. Dawkins: So, if we pay $23,000, the Conference of Mayors still expects us
to pay $17,000?
Mr. Pierce: That's my impression.
Mr. Dawkins: So there ain't no way in hell $17,000 and $23,000 is only
$23,000.
Mr. De Yurre: $40,000.
Mr. Pierce: It is $40,000. The total amount with both components is $40,437
and some cents.
Mr. Dawkins: No, no, the total amount, period, is what, Mr. Pierce?
Mr. Pierce: $40,437.20.
Mr. Dawkins: That's the total amount, right?
Mr. Pierce: Yes.
Mr. Dawkins: So now you are talking in terms of $25,000 in kind. What is
going to happen to the other $17,000?
Mr. Pierce: Let me back up for just a second, Mr. Dawkins. When Mr. Cooper
came here on November 19th, what he was concerned about primarily, was he was
head of the local committee that coordinated the event. He himself, his
company himself, personally has been sued by one of the vendors and had a
judgement personally against him. He was concerned about those items that
make up the $23,237.00 The balance...
Mr. Plummer: Give me a copy of that.
152 December 10, 1987
Mr. Odio: No, we need a copy of that. Give me another copy.
Mr. Pierce: ... with the national conference is something that his response
to me was that we have to deal directly with the national conference on. That
he is not concerned about. I mean, he is, but that is not what he is pushing
for.
Mr. Dawkins: OK, but I have a fiduciary responsibility to whom?
Mr. Pierce: To the people of Miami.
Mr. Dawkins: All right, so if the Conference of Mayors wants to sue the City
of Miami for the $17,000, that should be my first priority. Now, and I've
told you before, I've told Mr. Cooper, now I am going to tell you on the
record - if the Conference of Mayors waives the $17,000, then you have got me
trying to pay the rest of it, but if the conference of Mayors is going to hold
the City of Miami liable for $17,000, then the Conference of Mayors will have
to try to pick some of the rest of this bill, since we only authorized
$25,000.
Mayor Suarez: The resolution says in -kind services. It also says from the
special funds and accounts, so we certainly envisioned a transfer and we
certainly envisioned picking up the money from Special Funds and Accounts.
Mr. Odio: No, because what we do...
Mayor Suarez: We must have thought there was $25,000 in special funds and
accounts, must we not have?
Mr. Odio: No, Mr. Mayor, what we do, when you provide in -kind services for
$25,000, the department that provides the service gets paid from the special
account.
Mayor Suarez: That's right. So we must have contemplated having $25,000 in
special funds and accounts in that account to pay.
Mr. Odio: To pay the department, but...
Mayor Suarez: For services that were never used and they...
Mr. Odio: But that is not out of pocket money, that stays in-house.
Mayor Suarez: Depends on how you look at it, I suppose. Some other times you
tell us it is out of pocket money. What's the Commission's pleasure? We're
going to be hanging around with this issue forever?
Mr. Plummer: Mr. Mayor, I would make a motion that we go back and reiterate
what we said in the beginning, that is that we would pick up $25,000 in -kind.
It couldn't have been...
Mayor Suarez: We don't need any motion. You don't need any motion for that.
That is what that resolution says. OK, you can move it, if you want. I
mean... Anything else? Any other ideas? Next item. Let them sue.
Mr. Odio: Can, can... no.
Mayor Suarez: Well, do you have any ideas?
Mr. Odio: Yes, I think I'd like the idea that Commissioner Dawkins expressed
that we go and talk to them and say, "If you waive the $17,000, that we do pay
some of the bills because...
Mayor Suarez: How much of the bills, so we get that out of...
Mr. Odio: ...the City..."
Mr. Dawkins: OK, the limousine, Mr. Mayor, I think we need to pay, because it
is a struggling company. Limousine, what also on there?
Mr. Pierce: Well, there is Wong Kai, New Frontier, Dade Paper, Green Leaves
of Miami. Wong Kai is the entity that has sued ,
153 December 10, 1987
1�
4
Mr. Dawkins: Well, the other people are going to sue too, if they don't get
their money.
Mr. Plummer: Once they hear the pot of gold has opened up, they are all going
to sue.
Mr. Dawkins: See, but Mr. Pierce and fellow Commissioners, my only concern is
that it is not $23,000 outstanding. It is forty what?
Mr. Pierce: $40,437.
Mr. Dawkins: It is $40,000 outstanding.
Mayor Suarez: So you want to pay the ones that are most crucial, the ones
that are most likely to lead to lawsuits against the City, is that the idea?
Mr. Dawkins: No, but you see, the League of Mayors are saying that they gave
us $17,000 worth of tickets to affairs and we must pay them for them.
Mr. Plummer: Did you see any of them?
Mr. Dawkins: No, I did not, see?
Mr. Plummer: I never saw any tickets.
Mr. Dawkins: OK, so what I am saying is, if they will give us a letter
saying, "OK, fine, we will wash that out", then we will pay the other bills
for our legitimate business people, but I am not going to pay... I don't
want...
Mayor Suarez: How much is that? How much is the total amount of the
legitimate bills that we considering?
Mr. Pierce: $23,237.20.
Mayor Suarez: Make a motion on it.
Mr. Pierce: Just for the Commission's information, I may just point out that
that resolution that was adopted on April 30th for the $25,000 of in -kind
services, that there were a total of $3,225.49 that was paid. It does leave a
balance of $21,774. The...
Mr. Dawkins: OK, go ahead.
Mr. Pierce: Well, that is basically all. I just wanted to make sure that you
are aware exactly...
Mr. Dawkins: I'll try to make a motion that the Manager be instructed to get
in touch with the League of Mayors and saying that if you waive the $17, 000
— that is owed to you, we will pay the legitimate bills in our City.
Mr. Odio: If you pass that motion...
Mr. Plummer: That occurred in our City?
Mr. Dawkins: Yes.
Mr. Plummer: See, that is one of the points that I got. Almost all of these
bills are for the cocktail party that took place in Opa Locks.
Mr. Dawkins: Yes, but we...
Mayor Suarez: We were cosponsors in Opa Locks.
i
Mr. Plummer: Cosponsors, yes.
Mr. Dawkins: OK, see, the only thing about this is, the gentlemen who took it
_+ upon himself to go and initiate all this left. See, Mayor Riley came before
us and asked us to cosponsor this with him and ask for our help. Mayor
Ingraham got in there and did it all by himself and he got all these bills and
we have got to help him pay them.
f
i
i
154 December 10, 1987
Mayor Suarez: Did you make that into a motion?
Mr. Dawkins: I did.
Mayor Suarez: OK, I second that motion.
Mr. Plummer: So, let me ask a question. What you are saying is, none of the
in -kind service money was used?
Mr. Dawkins: Yes, three thousand.
Mr. Odio: We have used about $2,000.
Mr. Plummer: OK, so what you are in effect doing, if they cancel the so-
called $17,000 worth of tickets, we are converting the in -kind over to an
actual hard payment.
Mr. Odio: So we can pay these bills, yes.
Mr. Dawkins: Right, yes.
Mayor Suarez: Right.
Mr. Plummer: I sure hope it doesn't set a precedent!
Mr. Odio: But, there are commitments that were made, Commissioner, and we
might as well resolve this situation once and for all, because...
Mr. Plummer: I am going to vote with it. The real hang-up I've got is on
that whiskey bill. I really do!
Mrs. Kennedy: OK, we have a motion on the floor.
Mr. Dawkins: Well, I will see if I can get the guy to write the whiskey bill
off.
Mr. Plummer: Well, he said legitimate bills, so that gives some room to
dicker.
Mrs. Kennedy: Any further discussion? Hearing none, please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-1134
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
MEET WITH REPRESENTATIVES OF THE BLACK MAYORS'
CONFERENCE TO OFFER SAID GROUP THAT IF THEY WAIVE THE
$17,000 WORTH OF TICKETS PRESENTLY OUTSTANDING TO BE
PAID, THEN THE CITY WILL COMMIT TO PAY ALL OTHER
LEGITIMATE BILLS STILL PENDING IN CONNECTION WITH
THEIR LAST CONFERENCE.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: Now, Mr. Manager, if they do not waive $17,000, we don't pay
nothing.
Mr. Plummer: That's right.
155 December 10, 1987
i
Mr. Dawkins: OK, I don't want people coming back saying, "I did not
understand."
Mr. Odio: No, no, I understand.
Mayor Suarez: Let me add the additional warning to the Manager's office that
if this matter ever comes back here and it doesn't get resolved, I will put on
the record everything that happened in regards to this, and will not protect
anybody, so get it resolved, one way or the other. Otherwise, pay it
yourselves.
Mr. Dawkins: Mr. Mayor, if you know something that has been illegal, I
suggest you take it to Janet Reno.
Mayor Suarez: No, not illegal, not quite that bad.
Mr. Dawkins: Well then, you see, this is the way the Miami Herald and
everybody else picks up things.
Mayor Suarez: No, no, at the appropriate time, if need be, I woiuld be...
Mr. Dawkins: Let's put things on the table. Let's take it to Janet Reno and
get it squared away.
Mayor Suarez: Not illegal.
Mr. Dawkins: If there is anything immoral, let's go to the priest.
Mayor Suarez: Not immoral, either. Anything else on this item? Next item.
------------------------------------------------------------------------------
45. REQUEST CITY MANAGER TO EVALUATE CURRENT NEWSPAPERS USED FOR
ADVERTISING; DISCONTINUE USE OF "LA VERDAD" AND "LA NACION."
Mayor Suarez: Next item.
Mr. Odio: Is 55.
Mrs. Kennedy: Mr. Manager, how are we handling this? Are you proposing a
list of newspapers, or...?
Mr. Odio: No, this item was requested by the Mayor on that item 55.
Mr. Plummer: When is the present contract up? As I recall, we redo it every
year, is that correct?
Mr. Odio: It should be... no. We don't have a contract. It is just...
Mr. Plummer: Well, but it was for a one year period that we made a selection.
Mr. Odio: It is now the time, because it was done right about this time.
Mr. Plummer: In December?
Mayor Suarez: Yes, as I stated last time this was item was considered, I
don't know if it was last year or the year before, I thought that at least two
of the publications that we agreed to use at the time were not really either,
under the statute, and certainly under any kind of sensible criteria, the
kinds of publications in which we should be advertising and that is why I
wanted this year to make sure that we reevaluated all of this.
Mr. Plummer: We're been doing that every year.
Mrs. Kennedy: Could we have that list?
Mayor Suarez: Well, except maybe we are reaching the wrong conclusions as
to... you know.
Mr. Plummer: No, I didn't say that.
156 December 10, 1987
Mayor Suarez: I don't remember doing it anyhow. Whenever the last time that
it was then we did it, I would like to have this Commission reevaluate its
position as to La Verdad and La Nacion.
Mr. Dawkins: So moved.
Mayor Suarez: Do you want to second it?
Mr. Plummer: Wait a minute. What are you saying?
Mrs. Kennedy: What are you moving?
Mr. Plummer: Moving what.
Mrs. Kennedy: Moving...
Mr. Dawkins: To reevaluate the present contract with the present newspapers
and when we get ready to award them, eliminate what we want, and add what we
want.
Mr. Plummer: Well, I think the way we have done it in the past, Commissioner,
is that we have always rotated it on a yearly basis. It is now time to either
renew or rotate.
Mayor Suarez: We've never rotated on a yearly basis! We just gave it to La
_ Verdad and La Nacion two years ago. What are we talking about, rotating on a
yearly basis?
Mr. De Yurre: Biannually.
Mr. Plummer: Did I understand you, Mr. Mayor, you said you wanted to
reevaluate the criteria?
Mayor Suarez: Well, I want to reevaluate so that we can award to whatever
newspapers are deemed to be, you know, according to the law, the ones that
are... whatever the criteria is, daily circulation, or whatever... weekly
circulation...
Mr. Plummer: Five years in business.
Mayor Suarez: Right, and have all the other... and in addition to all of
that, newspapers that are worthy newspapers that you would want to have
anything published, and certainly that does not apply to two of the ones that
we have right now, and it has never been done on a rotating basis since I have
been here. It has been given to two newspapers. One is La Verdad and the
other is La Nacion and neither one of those is worthy, neither one should
have ever had a single advertisement from the City of Miami in it.
_ Mr. Plummer: OK, what you are saying is, not to reevaluate the criteria, use
the same criteria, but to...
Mrs. Kennedy: Reallocate.
Mr. Plummer: Reallocate, that is the word. OK, just so I understand what is
going on.
Mr. De Yurre: Now, where do we stand with the two newspapers that we have
now? Is their contract up, or what is the status?
Mayor Suarez: Just said that the contract is up in December.
Mr. Odio: There wasn't a written contract, so you can take action if you so
chose.
Mrs. Kennedy: Well, if I can...
Mr. De Yurre: OK, so there is nothing in writing, correct?
=i Mr. Odios No, sir.
Mr. Plummer; No.
157 December 10, L987
i
Mr. De Yurre: So we can just make a motion to terminate...
Mr. Plummer: No, it is not even necessary, I don't think.
Mr. Odio: You don't even need a motion. You can...
Mayor Suarez: Motion to instruct the Manager not to longer advertise in those
would be in order.
Mr. De Yurre: I'll make that motion.
Mrs. Kennedy: Do we substitute, then?
Mr. Plummer: What you do is just substitute. You set who the newspapers will
be.
Mrs. Kennedy: OK, let me suggest one newspaper, The Miami Reporter.
Mr. Odio: I'd better, if I may, read what papers we were authorized to
advertise. It was The Miami Herald, Miami Review, Miami Times, Diario Las
Americas...
Mayor Suarez: How about The Miami News?
Mr. Odio: La Nacion...
Mr. Dawkins: The Miami News, The Miami Herald.
Mr. Odio: I will explain, there was a combination of La Verdad, Patria, and
The Miami News, but we could advertise one without the other, if we could get
away with making it cheaper advertising.
Mr. De Yurre: Haven't you had some applications by other newspapers...
Mayor Suarez: Maybe that we rotate.
Mr. De Yurre: ... lately? Haven't you had applications by other newspapers
that would like to get on that list?
Mr. Odio: I don't remember... we have received letters, I know, two letters
I have received, that want to advertise.
Mr. Plummer: Well, the two that I saw, that came across my desk, copies of
did not meet the criteria.
- Mr. Odio: Well, one was Panorama, one was Hispano USA and Prensa Medica, and
I also received a request from Miami Reporter, which is a daily newspaper that
is now being printed, Miami Reporter. Those are three that I know have
been...
Mr. De Yurre: Which ones are you talking about, J.L., that came across your
desk?
Mr. Plummer: I think... see, the criteria that they missed out on was the
five years and the 30,000 weekly circulation, I think is where they missed
out.
Mr. De Yurre: 30,000 weekly?
Mr. Plummer: Isn't that the criteria...
Mrs. Kennedy: 10,000 weekly.
Mr. Plummer: Is it ten or thirty?
Mrs. Kennedy: Ten.
Ms. Hirai: Mr. Manager...
Mr. Plummer: 30,000, it is either paid subscriptions, or 30,000 criteria.
They had to be in business for five years.
158 December 10, 1987
Mr. De Yurre: Then La Verdad, La Nacion could never have come under that.
Ms. Hirai: You have sent that to...
Mayor Suarez: They don't have any paid subscriptions.
Ms. Hirai: You had sent that to me two days ago.
Ms. Hirai% I thought it was five.
Mr. Plummer: Five.
Mrs. Kennedy: Mr. Manager, the ones that you mentioned are all worthy
newspapers. Those are staying, right? We are just substituting...
Mr. Odio: No, it is up to you. I think you should, as you were saying, which
you want to keep, and not...
Mr. Plummer: Well, I will tell you, to me, because of one of the... I am
going to recommend The Miami Herald. I am going to recommend Diario Las
Americas and I am going to recommend The Miami Review, the legal newspaper,
which I think is very important.
Mr. Odio: Can I ask a question?
Mrs. Kennedy: And not Miami News?
Mr. Plummer: No.
Mr. Odio: Can I ask a question? Can I ask a question please, Commissioner?
It is a question of money.
Mr. Plummer: Yes, that is it.
Mr. Odio: In the case of the Herald/New, it is cheaper...
Mayor Suarez: From one or the other.
Mr. Odio: ... it is cheaper to advertise in the news than it is in the
Herald. For me it is a question of budget and when we can get away with it, I
prefer to save the money.
Mr. Plummer: Let me tell you, Mr. Mayor, you are now paying in the Miami
Herald, and most other daily circulations, I got a bill today, $7.98 a line!
And one of the things that I have harped on here, is to continuously reduce
down the size of these ads and the amount of information contained in these
ads. I placed a "for help wanted" ad last week in the Herald, three days for
four lines, and it was $94.28. I just got the bill today. Now, you know,
display advertising is more expensive than classified advertising.
Mr. Odio: Commissioner, the difference between the Herald and the News, in
cost of advertising, is 400 percent more to advertise in the Herald, and that
will destroy our budget...
Mrs. Kennedy: But it has a wider circulation, also.
-;i Mayor Suarez: How about The Miami Review in comparison to the News and the
Herald?
Mr. Odio: Oh, that's much cheaper.
Mr. Plummer: They are much cheaper.
Mrs. Kennedy: Yes, and Diario?
k
Mayor Suarez: Well, I would do the following: I would entertain a motion to
have the Manager make a recommendation for the next Commission meeting, of all
—i of these and in the meantime, to at least discontinue La Verdad and La Nacion,
_( as two of the newspapers in which we advertise.
Mr. Odio: I can give you a resolution right now that would work perfectly for
us, if you...
—r
i
-� 159 December 10, 1987
0 0
Mrs. Kennedy: Let's hear it.
Mr. Odio: "A resolution directing the Administration to begin placing certain
required City advertisements in The Miami News, with the exception of those
advertisements which are determined by the City Manager to be placed in The
Miami Herald in the best interest of the City."
Mr. Plummer% The problem is...
Mayor Suarez: We've been advertising in Diario, for sure.
Mr. Plummer: Oh, yes, and The Miami Times.
Mrs. Kennedy: Yes.
Mayor Suarez: And the Times.
Mr. Plummer: OK?
Mayor Suarez: And the Times and Miami Review, I think.
Mr. Odio: Miami Review, Miami Times, Diario Las Americas.
Mr. Plummer: What we had done in the past, is rotated between the Herald and
the News, OK?
Mayor Suarez: That's the rotation you are talking about.
Mr. Plummer: And what we had done last year, was we used The Miami Daily
News, and you know, unless there is some objection this year, we would
normally go to The Miami Herald.
Mr. Odio: The problem is it costs us 400 percent more!
Mr. Plummer: No, it not 400 percent.
Ms. Hirai: Quite close to it, Commissioner, quite close.
Mr. Plummer: What?
Ms. Hirai: Quite close to that.
Mr. Williams: Commissioner Plummer, if I may, one of the reasons that you
emphasized going to the News was because of cost, and per that resolution
passed, I believe last year at this time, you directed the Administration to
go to the News on a regular basis unless the Manager determined the issue was
important enough to go to a wider circulation.
Mr. Plummer: You're right. Well, I think we also went away... at one time, we
were doing the combination.
Mr. Williams: Yes, sir.
Mr. Plummer: OK, and that way, we could not afford the combination. I think
really what you are talking about, is you know, are we going to try to inform
the public what is the circulation of The Miami Herald and what is the
circulation of the News. I would rather see that we have a smaller ad in the
Herald than a larger ad in the News.
Mr. Odio: When we advertised only in the Herald, the budget went from $70,000
to $200,000.
Mr. Plummer: Well., do we have to go to either one?
Mr. Odio: Yes.
Mr. Plummer: Why? OK, I accept that. Why do we have to go to either one of
those?
Mrs. Dougherty: Because the statute requires us...
160 December 10, 1987
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Mr. Plummer: What statute?
Mrs. Dougherty:... to have a newspaper of general circulation...
Mr. Plummer: OK, Diario Las Americas is a newspaper of daily circulation.
Mayor Suarez: General circulation.
Mrs. Dougherty: General circulation.
Mr. Plummer: Are they not general? OK, I mean, so if you want to go down and
cut costs, let's go to Diario, and then that is it.
Mr. De Yurre: General and Spanish only?
Mr. Plummer: What?
Mr. De Yurre: General and Spanish only?
Mr. Plummer: It doesn't say that.
Mrs. Dougherty: That's what it says.
Mayor Suarez: No, it is Spanish only, and you are seeking to fulfill the
requirement of general circulation. Your recommendation, one more time, Mr.
Manager, was The Miami News, the Herald as needed, and...
Mr. Odio: No, I said that we had an application from The Miami Reporter, but
that is a daily newspaper also and we had a...
Mr. Plummer: How long have they been in business?
Mr. Odio: I believe... I don't know.
Mr. Plummer: Well, if they meet the criteria, than let's consider them.
Mr. De Yurre: How about Diario Libre?
Mr. Plummer: The what?
Mr. Odio: And we have Panorama, and Panorama was the other one.
Mr. Plummer: I guarantee you that one hadn't been in business for five years.
I think it went in business last September. Well, I'll go along with the
_ Mayor's recommendation. The Mayor recommended that we turn it over to the
Manager to come back and give us a recommendation at the next meeting. I'll
so move.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded. Any discussion?
Mr. De Yurre: Mr. Mayor.
Mr. Plummer: We are moving that we turn it over to the Manager to evaluate
all of the different newspapers under the criteria and come back and recommend
to us at the next meeting.
Mayor Suarez: Obviously, the single most important criterion is saving in
— cost and complying with the law.
Mr. Odio: Did I also understand that we were not to advertise in two of the
newspapers now, as of today? Is that what I understood, or...?
Mr. De Yurre: That's right.
Mr. Plummer: What?
Mr. Odio: Which were the two?
Mayor Suarez: I mentioned La Verdad and La Nacion, but if you have any other
candidates or newspapers that could hardly be considered newspapers, I'll
build those into the motion.
161 December 10, 1987
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Mr. Fred Burns: My name is Fred Burns, 6120 SW 70th Street, I am here on
behalf of Community Newspapers. They do meet all of the criteria that you
have mentioned...
Mayor Suarez: And they are a lot cheaper than some of the other ones we're
been talking of. Why don't you give all of that input to the Manager so that
when he makes his recommendation, we will take those into consideration. And
you want, I think to have considered also...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: ... The Miami Reporter. Do you accept all of that into the
motion, Commissioner Plummer?
Mr. Plummer: Yes, fine.
Mayor Suarez: Any discussion? Do we have a second, Madam City Clerk?
Mrs. Kennedy: Yes, Rosario seconded.
Ms. Hirai: No, sir. Commissioner Plummer moved it, and I need a second.
Mayor Suarez: Commissioner Kennedy seconded it. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1135
A MOTION REQUESTING THE CITY MANAGER TO REEVALUATE ALL
OF THE NEWSPAPERS PRESENTLY USED FOR CITY ADVERTISING
AND TO COME BACK BEFORE THE CITY COMMISSION WITH A
RECOMMENDATION AS TO WHICH NEWSPAPERS SHOULD BE USED;
FURTHER INSTRUCTING THE ADMINISTRATION TO IMMEDIATELY
DISCONTINUE ADVERTISING ON "LA VERDAD" AND "LA
NACION."
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.
46. EXTEND CONTRACT WITH TOXICOLOGY TESTING SERVICES FOR 90 DAYS. (DRUG
TESTS)
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, I've been asked, if I would here, I'll just take
advantage of the moment. "A resolution authorizing the extension of the
existing contract for laboratory services to Toxicology Testing Services
approved originally by Resolution No. 86-530, bid No. 85-86-961, and extended
by Resolution No. 87-801-1 for 90 days to provide the laboratory services to
the Personnel Management Department for an additional ninety days, using
previously allocated funds," I so move.
Mr. Dawkins: What is it?
Mr. Plummer: That's... there is no more money. This is the drug testing. They
need 90 more days of the testing.
Mr. Dawkins: Second, second.
162 December 10, 1987
}
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Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1136
A RESOLUTION AUTHORIZING THE EXTENSION OF THE EXISTING
CONTRACT FOR LABORATORY SERVICES TO TOXICOLOGY TESTING
SERVICES, APPROVED ORIGINALLY BY RESOLUTION NO. 86-
530, BID NO. 85-86-961 AND EXTENDED BY RESOLUTION NO.
87-801.1 FOR NINETY (90) DAYS TO PROVIDE LABORATORY
SERVICES, TO THE PERSONNEL MANAGEMENT DEPARTMENT FOR
AN ADDITIONAL NINETY (90) DAYS USING PREVIOUSLY
ALLOCATED FUNDS FOR SUCH 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
47. ACCEPT BID: GREATER MIAMI CATERERS, INC. (FURNISHING ALL MEALS FOR SIX
DAY CARE AND ONE PRESCHOOL CENTERS.) (See labels 5 and 28.)
Mr. Dawkins: Mr. Manager, on the food, I move the food, if Commissioner...
Mayor Suarez: Is that item two?
Mr. Dawkins: Yes, if Commissioner De Yurre is satisfied with what they
presented to him, then I will move item two.
Mayor Suarez: So moved.
Mr. Dawkins: Are you satisfied?
Mr. De Yurre: Satisfied.
Mayor Suarez: Seconded. Any discussion, call the roll, item two.
163 December 10, 1967
a
i
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-1137
A RESOLUTION ACCEPTING THE BID OF GREATER MIAMI
CATERERS, INC. FOR FURNISHING MEALS AT SIX (6) DAY
CARE CENTERS AND ONE (1) PRESCHOOL CENTER TO THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES
ON A CONTRACT BASIS FOR ONE (1) YEAR AT A TOTAL
PROPOSED COST OF $73,436.18, ALLOCATING FUNDS THEREFOR
FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE GRANT
THROUGH THE STATE OF FLORIDA DEPARTMENT OF EDUCATION;
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 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.
48. CONTINUE APPEAL BY APPLICANT (ABRAHAM H. SHUKAT) TO REVIEW ZONING
BOARD'S DENIAL OF APPEAL REGARDING CLASS "C" SPECIAL PERMIT (FILE C-87-
722) TO THE NEXT PLANNING AND ZONING MEETING OF JANUARY 28.
Mayor Suarez: Let me make an announcement. We have a request by the
applicant, at PZ-9, an attorney by the name of Abraham Shukat... have I
spelled that correctly, or a representative. Is he still in the room?... to
have your item be deferred for reasons of health and I don't think there is
any problem with that. Anyone that wishes to be heard on item PZ-9 against
this continuance?
Mr. Plummer: Wait a minute. What is PZ-9?
Mayor Suarez: It's... he is the applicant.
Mr. Plummer: I understand, but it is not that one on 14th Street, is it?
Mr. Olmedillo: PZ-9 is an appeal on a class C, which was denied to the
applicant on 27th Avenue, and it was reaffirmed by the Zoning Board.
Mr. Plummer: But, what is the appeal for?
Mr. Olmedillo: The denial of the Class C.
Mr. Abraham Shukat: Permit me for a moment - the Class C permit was granted,
and but there were certain conditions attached to which the applicant
objected, and the appeal was taken to the Zoning Board. The Zoning Board
denied the appeal.
Mr. Plummer: You want to defer this, sir?
Mr. Shukat: Sir?
Mr. Plummer: You want to defer it?
164 December 10, 1987
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Mr. Shukat: Yes, sir.
Mr. Dawkins: Defer.
Mayor Suarez: Continue it to the next Planning & Zoning?
Mr. Dawkins: Continue it?
Mayor Suarez: PZ-9, is that what you want?
Mr. Shukat: Yes, sir, thank you.
Mr. Plummer: Is there anybody here on PZ-9? The Zoning Board item number 9,
is there anybody here on that item? I will move that it...
Mayor Suarez: Let the record reflect that no one has stepped forward on PZ-9,
objecting to the continuance until the next Commission meeting.
Mr. Plummer: I'll move the deferment.
Mayor Suarez: Moved, do we have a second? It is continued until the meeting
of... when is it, the next Planning & Zoning, Guillermo?
Mr. Plummer: January 28th.
Mayor Suarez: Do we have a second, somebody?
Mr. Dawkins: Second.
Mayor Suarez: Call the roll.
MOTION TO CONTINUE. UPON MOTION DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY COMMISSIONER DAWKINS, ITEM PZ-9 WAS CONTINUED TO
MEETING OF JANUARY 28 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
------------------------------------------------------ ---------- --------------
49. ENTER INTO 5 YEAR USE AGREEMENT WITH DEPARTMENT OF OFFSTREET PARKING
REGARDING USE OF FOUR PARCELS FOR REDEVELOPMENT UNDER PHASE II IF THE
SOUTHEAST OVERTOWN/PARK WEST PROJECT (AS INTERIM PARKING FOR THE MIAMI
ARENA).
------------------------------------------------------------------------------
Mayor Suarez: We have, among other things to dispose of today, and we have
many, and I don't know which are controversial and not controversial. This
one may be - a proposal that we resolve on the NBA Basketball Association,
Miami Heat Arena, as follows:
"The National Basketball Association awarded owners of the Miami
Heat an NBA expansion franchise subject to several conditions
including the availability of 4,500 parking spaces within 750 feet
of the Miami Arena, and whereas, within 750 feet of the Miami
Arena are four blocks which are currently vacant and schedule for
redevelopment by Circa-Barness-Sawyer..."
Mr. Dawkins: Herb Baileyl
Mayor Suarez:
"... and Cruz Construction, the Developers, as Phase II of the
Southeast Overtown/Park West Redevelopment Project; and whereas,
these four blocks could be used as interim parking for the Arena
for a five year period provided that such use would not postpone
or cause unnecessary delay to the Southeast Overtown/Park West
165 December 10, 1987
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Phase II Project; and whereas, the Department of Off -Street
Parking will assume responsibility for design, construction and
management of the interim parking lots within costs of same to be
amortized over the term of the Use Agreement; now, therefore, be
it resolved: (1) The City of Miami supports bringing NBA
basketball to Miami. (2) The City Manager is hereby authorized to
enter into a five-year use agreement for interim parking, in form
acceptable to the City Attorney, with the Department of Off -Street
Parking for the use of blocks 45N, 56N, and portions of 25N, 36N
of Miami North Subdivision the blocks scheduled as Phase II of
Southeast Overtown/Park West Project provided that: (a) The City
of Miami acquires good marketable title to the Blocks."
I thought we had good marketable title to the blocks!
Mr. Chris Korge: There needs to be a transfer from the County.
Mayor Suarez: From the County, OK, beautiful.
"(b) said use agreement shall be subject and subordinate to the
City's proposed development of the Blocks. (c) The City of Miami
receives a fair return from the Department of Off -Street Parking
either in cash or by some other method) for said use agreement.
(d) Developers of the blocks agree and consent to terms of said
Use Agreement for any and all such blocks. (e) All construction
and operational costs of the interim parking lots will be the
responsibility of the Department of Off -Street Parking, said
expenses to be amortized over the term of the Use Agreement."
Once again, I presume we have built in here the concept that if we should not
no longer use them for that purpose, we can obviously take them back and use
them for whatever purpose we want.
Mr. Korge: That will be included in the parking franchise...
Mayor Suarez: And if we lose the NBA franchise, and all those other
conditions that would lead to that circumstance. OK, that is the resolution
with...
Mr. Plummer: I just want to make sure, Mr. Mayor, that it is understood that
"he" is not in any way affects "c." In other words, the fair return to the
City somewhere along the way is got to be negotiated, and as far as I am
concerned, that is not going to be amortized out over the term, it is going to
be paid annually, which was agreed upon in the first initial phase of this
understanding. And based upon that, I would move, Mr. ...
Mr. Dawkins: Mr. Bailey... OK, go ahead, move it, because I am going to shoot
out the water.
Mr. Plummer: Oh, OK, I'll shut up until you speak.
Mr. Dawkins: OK, Mr. Bailey, put a map up there, and show me where those four
parcels of land are that they are talking about locking up. Put it over there
where everybody can see it.
Mr. Plummer: I can't see it. That's better.
Mr. Dawkins: All right, where are the four parcels they are talking about
locking up for five years? One, two, three, four. All right, who is building
now on lots... the red three?
Mr. Bailey (Off mike) Indian River.
Mr. Plummer: No, not Answer his question. Who is building?
Mr. Dawkins: All right, who is...
Mr. Plummer: Nobodyl
Mr. Dawkins: All right, now, I will rephrase it. I'll rephrase it.
Mr. Plummer: Nobody is building!
Mr. Dawkins: That's all right, I will rephrase my question. Who were those
parcels allocated to under the Overtown/Park West project?... where three is,
166 December 10, 1987
and where the other one is, and yes, all of those, this one, that one, the one
behind it...
Mr. Bailey: (Off mike) This is allocated to Indian River.
Mr. Dawkins: And the one behind it is allocated to whom?
Mr. Bailey: Right here?
Mr. Dawkins: Yes. —
Mr. Bailey: (OFF MIKE) Brickell Barnett Sawyer.
Mr. Dawkins: All right, come over, now. That's allocated to whom?
Mr. Bailey: Circa-Barness-Sawyer.
Mr. Dawkins: Circa-Barness-Sawyer. OK now, go up there to one and two..
Mr. Plummer: Wait, wait a minute, before you move on there, Miller, if I
could. Was not those two lots that you have your finger on there, designated
- as Phase two?
Mr. Bailey: Of the developer's proposal.
Mr. Plummer: Of the development.
Mr. Bailey: Yes.
Mr. Plummer: OK, phase one, which has not even been started, this Commission
has put them under a mandate of April 1st to have a shovel in the ground, or
they lose their bids. Phase I has not even started.
Mr. Bailey: (Off mike) Phase I has not started construction.
Mr. Plummer: And Phase I does not even have its full and complete financial
package in place.
Mr. Bailey: Full and complete, the answer is yes, it's not. Full and
completed, but the financing is just about completed.
Mr. Plummer: But it's still not in the bank.
Mr. Bailey: No, it has not been signed.
Mr. Plummer: OK, so in other words, Phase I has not been started, and what is
the estimated construction time of Phase I?
- Mr. Bailey: Eighteen months, approximately, from the date of...
Mr. Plummer: OK, did not the developer, either on three or four, say that
they were not going to do all of Phase I at the same time?
Mr. Bailey: They will do all of Phase I at the same time.
Mr. Plummer: OK, and then Phase II, they would not do until the market was a
demand for.
Mr. Bailey: Approximately two years after Phase I has been completed.
Mr. Plummer: OK, so you are talking about roughly three and one-half to four
years.
Mr. Bailey: I would say four years.
Mr. Plummer: Four years?
Mr. Bailey: I would not say four years.
Mr. Plummer: Three years, three and one-half years.
Mr. Bailey: I would say about three years.
167 December 10, 1987
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Mr. Plummer: Eighteen months and two years...
Mr. Bailey: About eighteen months to complete construction, maybe about 12 —
months to rent out, but I have been told that some of the developers are
working on the second phase of financing already.
Mr. Plummer: All right, OK, I just wanted to get that on the record.
Mr. Dawkins: Let me finish. I called Herb Bailey down here, let me finish
with Herb Bailey and then you all do go through the other stuff, OK?
Mr. Plummer: I apologize.
Mr. Dawkins: OK, no problem. I called Herb Bailey down here, OK? Now, Herb
Bailey, behind one... over there, where those other lots...
Mr. Bailey: Here?
Mr. Dawkins: No, the other two, that one and that one. Who is that allocated
to?
Mr. Bailey: This is John Cruz, and this is John Cruz, Cruz Development of
Boston.
Mr. Dawkins: OK, all right now, and these project were... these were part of
what project?
Mr. Bailey: It is a part of the total Phase I redevelopment project.
Mr. Dawkins: Of what? Over what? Overtown/Park West?
Mr. Bailey: Overtown/Park West, right.
Mr. Dawkins: All right now, ever since I have been sitting up here, everybody
keep saying, "Let's develop Overtown/Park West," right? Am I right, or wrong?
Mr. Bailey: Right.
Mr. Dawkins: OK, you have had hell trying to get people to finance projects
in Overtown/Park West, am I right?
Mr. Bailey: Correct.
Mr. Dawkins: Now, we have got people willing to finance, and now you are
going to come and take four parcels of land and tie it up for five years.
What bank is going to finance... I mean, how can these people on these other
projects go out and attempt to acquire financing with some property that is
tied up for five years. Again, you people are putting stumbling blocks in the
roadway of developing Overtown/Park West and it is about time that this
Commission quit telling Overtown that you got to wait until something else
gets done. Now, if you are going to do Overtown/Park West, it is time to do
it. If you are not going to do it, it is time not to do it. Anybody can come
in here with anything that is not Black and get it done! We have been trying
like hell to develop Overtown/Park West for Black people, and you don't do
nothing. Along come the Heat, a white organization, and they need some
parking, and you people are willing to justify... I mean, in my opinion, tell
Overtown/Park West, "Yes, you are Black, you waited again, and when we get
ready to help you, we will help you." Now, I think it is a shame and a
disgrace for you, for this Commission to have been committed, like it says it
is, to Overtown/Park West and to sit up here and take four parcels of land,
and tie it up for five years, when we are having hell trying to get people to
develop it. I call the rule on this and you all can come back and discuss it
in five days.
Mr. Plummer: Mr. Dawkins, may I just enter into the discussion - one of the
things, as you know that I have been steadfast on is that a fair return be
paid to the City for the use of that property. Hello, is he there?
Mr. Dawkins: Yes, I am here.
168 December 10, 1987
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Mr. Plummer: Oh, OK. It was my understanding that the City would receive
roughly $300,000 a year, roughly, back from the use of these parcels. Said -
money could go into the Overtown project. In five years, you are talking
about pumping $1,500,000 into the Overtown project, as we all are very much
aware right now. Mr. Bailey, I would ask you to confirm. I would ask you to
confirm that in the Overtown/Park West budget, the cupboard is completely
bare. There are no dollars.
Mr. Bailey: That is not correct, Commissioner.
Mr. Plummer: All right, sir, then tell me how much money...
Mr. Dawkins! I got $10,000,000 from HUD.
Mr. Bailey: I would like for you to define which cupboard. We have several.
The most lucrative one is the trust fund for which those tax dollars that are
accruing for the next 20 years will be deposited, and I expect to have at
least 1.2 million in that this year.
Mr. Plummer: You expecting, but you have nothing at the present time.
Mr. Bailey: Well, it is collected. It is just a matter of the money being
transferred from where it's sitting in the County. It is absolute...
Mr. Plummer: OK, the question is... the point that I was trying to make, that
here was the availability of the potential of property that was not going to
be developed at the present time, of generating revenue to pump back into the
project, which I think the project sorely needs revenue. Now, all I am saying
to you is, this was a situation that was worked out. This is only a third of
the need, I want you to understand that. This is approximately 1,500 spaces
of the needed 4,500. The other 3,000 spaces would come from the private
sector ownership over on the east side of the arena. There has got to be some
where and some area that this parking, because of the mandate of the 750 feet.
The other alternative that is viable, but not yet confirmed, Herb, can you...
bring the thing to me here, if you would.
Mr. Dawkins: The only thing I have to say is, that when everybody else needs
something, we turn up every stone and get it done, but nobody put forth half
_ the effort to get Overtown/Park West developed as you have put up to find
4,500 parking spaces for the arena, and that is my opinion, OK?... my personal
opinion.
Mr. Plummer: Let me give you the other criteria that is viable, but not yet
confirmed. The State is under mandate to build a parking structure here, and
most likely over here, depending on the bonds. If these things were to be
needed and were to be called, hopefully, this would be in place, so that the
transfer of responsibility of 4,500 spaces, if this lot were to be used, and
called, it could go in here. If any of the private sector lots were called,
if viable, could go into here, but this is not yet in concrete, because the
State has not passed the bonds. There is no other portion of this area in the
750 feet, that meets the criteria that has been set forth. Now, there is
other properties, but not within the 750 feet.
Mr. Dawkins: And we have no money to acquire any other properties, J.L. See,
so you know... I mean, I'm going to say it, and say it as long as I sit here,
OK? When it comes to those things, in my opinion, that are germane to the
Black community, they have to go on the back burner, but when you wanted 16
urinals, you found $90,000 for them. Now, you want 1,500 parking spaces, or
whatever the heck you want, the hell with the Black community. We will tie
these lots up for five years and they can play hell trying to find money from
_ a developer, or a bank to finance it, because it is tied up for five years.
We don't care, we got 4,500 parking spaces and we don't care about nothing
= else.
Mr. Plummer: (Off mike) That's not yet definite.
Mayor Suarez: Let me say something. Commissioner Dawkins, Commissioner
Plummer, the way I look at this, and I hope there is a consensus of the
Commission behind this concept, is that, the Miami Heat, with those parking
facilities, are key to the success of the arena; that the arena is key to the
success of Overtown/Park West, including the improvements that would result.
As much as I have fought it out with the Off -Street Parking Authority over the
169 December 10, 1987
years, the improvements that they would create in those lots, which now we are
getting all kinds of complaints about, because they are abandoned, would
actually inure to the benefit of that community, would make Overtown/Park West
that much more likely. So, since you have invoked the rule...
Mr. Dawkins: Chris, before you get another further. Chris, I was told, and I
think each member of this Commission was told, the success or failure of the
arena, does not hinge on the Heat's contract. Is that a true statement?
Mr. Plummer: That is on the record.
Mr. Korge: That is correct; that is on the record.
Mr. Plummer: That's on the record.
Mr. Dawkins: I don't want the impression given up here, that in the event
that the Heats do not come in here, the arena will fail.
Mr. Plummer: Well, there is one other consideration, Commissioner, and that
is that the other events... I think there is 190 events scheduled in the first
year?
Mr. Odio: I think about 150.
Mr. Plummer: 150 events - is the demand and the need for parking is going to
be there for them also. Now, you know, you say, "OK, fine, you've got enough
days of play to bring in without the NBA, which is 40 some days..."
Mr. Korge: 43.
Mr. Plummer: 43 days, but then the question still remains, are the remaining
100 dates.
Mr. Korge: 150 remaining days.
Mr. Plummer: 150 remaining dates! Would you guys get your act together over
here. Will the other 150 days be successful, because remember, a great deal
of the revenue is generated from seat charges.
s
Mayor Suarez: And a lot of those events are scheduled precisely because Miami
has obtained the Miami Heat, and may not have been scheduled otherwise.
Mr. Dawkins: I will not invoke the rule. I am going to let you guys sit up
here and make a decision. I am not going to invoke no rule. I'm just going
to say that when it comes to those issues, that are germane to Overtown/Park
West, you sit up here and tell the people that you are committed and you are
concerned about Overtown/Park West and now I am going to let you demonstrate
it.
Mayor Suarez: I appreciate your not invoking the rule. It precludes some
other procedural avenues that. would be a little complicated, including...
well, I won't even mention what they would be.
Mr. Plummer: OK, I've got to ask a question. Mr. Off -Street Parking
Authority, when are we going to talk about what is when, and why and where,
the fair return to the City? Your predecessor indicated that a normal return
investment on real estate was 10 percent. Now, I know you can't speak for
your board, but this is going to be predicated on that return. Now, was it
understood by you and your board, the statement he made?
_ Mr. Jack Mulvena: J.L., first to answer your first question, we have been
waiting for just such resolutions so we could sit down with your City Manager
and in fact, address that particular situation. Our board understands that,
and I feel very, very certain that you and the City Manager understand that
that fair value can be many things that we can provide. It could be some set -
asides for roadways, it can be helping with the Camillus House, it can be
shared revenues.
Mr. Plummer: Well, no, no, I've got to tell you something - if my vote is
going to be favorable, any monies that that generates is going to be pumped
into the SE Overtown/Park West development first. And then if it is not in
there, then you can use it elsewhere.
170 December 10, 1987
Mr. Dawkins: One more statement. You know, we keep talking about affordable
housing. This is supposed to be it. Now, what are you going to for
affordable housing? What will this do for affordable housing, tying up these
four lots?
Mayor Suarez: This is likely to make Overtown/Park West a successful project.
Without this, chances are, it won't be, Commissioner.
Mr. Mulvena: If I may address that, it is out of my field, the housing, but
let me suggest something that has always been a part of this plan. In the
very first weeks of the plan, we went to the Overtown Advisory Board, and we
said to them, you've got some blocks here which are unsightly, they are
unsafe, they are terrible, they may not be developed, and what we promised
that Overtown Advisory Board was, that we will take almost $1,000,000 and that
is in this budget, and we will take this four blocks, and we have a reputation
for making you know, parking spaces very attractive. That's what we intend
for those four blocks.
Mayor Suarez: You have a double reputation. You drive people crazy with
parking meters and you make parking lots very attractive.
Mr. Mulvena: OK.
Mayor Suarez: One good, one bad.
Mr. Mulvena: OK, well, that is a start, that is a start.
Mr. Plummer: They're off setting.
Mayor Suarez: One out of two isn't badl
Mr. Mulvena: Yes, but what we also promised the Overtown Advisory Board,
Commissioner Dawkins, was that if we got notification within a certain period
of time, we would leave that for development, and we stand by that as well,
because as J.L. had pointed out, the State is very near committing to a
substantial facility, that is going to be substitute spaces for these
particular lots, so...
Mr. Dawkins: Well, will the NBA accept that?
Mr. Plummer: Yes, it was...
Mr. Dawkins: Well, no, no...
Mr. Mulvena: Well, yes...
Mr. Dawkins: Will the NBA accept that?
Mr. Korge: I can't answer for the NBA.
Mr. Plummer: You can answer that because it is within the 750 feet. Sure you
can answer itl
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Korge: What, I...
Mayor Suarez: You mean, would they accept the plan?
Mr. Dawkins: Will they accept the plan that you...
Mayor Suarez: We think they will.
Mr. Dawkins: You know what? You all got money for the park downtown,
Bayfront Park, fine, OK? You all got money for the Heat, fine, OK? You all
have got no money for, the inner-city parks, OK? Now, you don't care nothing
about the Overtown/Park West project, OK? But, anything that comes down here,
OK?... that is earmarked white folks, you all got it, OK?... and I don't mind
saying it, OK? And when it is for the Black people, you just get the hell
back and wait until we white folks get ready to give it to you, and that's
what you are doing here)
171 December 10, 1987
i
Mayor Suarez: OK, on the other question, is the NBA likely to accept this
plan?
Mr. Joel Arnold: Joel Arnold he NBA has stated that the four blocks
comprising the Overtown/Park West area, which they know will be developed.
Without a concrete proposal, that they will be in place for a least five
years, is unsatisfactory. If we give them this five year proposal, it will be
satisfactory, and they said that.
Mr. Dawkins: But, you are tying up five of my prime lots for five years and
it is impossible for four years for me to go and tell any bank that I am going
to develop this in five years... four to five years and give me some financing
on it.
Mr. De Yurre: But that is not what the resolution says.
Mr. Bailey: No, we got a problem.
Mr. De Yurre: Excuse me, sir. The resolution said that any said use
agreement shall be subject and subordinate to the City's proposed development
of the Blocks, so you are not tying anything for five years here.
Mr. Plummer: Oh, yes we are.
Mr. Dawkins: Well, but turn over on the front page, Mr. De Yurre.
Mr. Plummer: The proposed development then would be on the front pages,
tells you five years.
Mr. Korge: No, Commissioner De Yurre is correct. What it says is, there is
five conditions to a five year commitment, one of which is that it would be
subject and subordinate to the development of those blocks. If that
commitment would infringe upon the development of those blocks, then it can't
be made. Your direction from the Commission is conditioned on these five
conditions. The Manager cannot enter into an agreement that does not meet
these conditions.
Mr. De Yurre: OK, so we what we are saying is, we are not committing to tying
up these lots for five years.
Mr. Korge: What we are saying is, that we are going to look at some sort of
arrangement between Off -Street Parking and the City for a term that would not
exceed five years and that arrangement would be conditioned on the those five
items, one of which would be that it would not stifle or subordinate the
proposed development of those blocks.
Mayor Suarez: You are going to walk a tight rope and you think you can walk
it.
Mr. Plummer The developer...
Mr. DeYurre: But, that is not what the N.B.A. wants.
Mayor Suarez: Do you think you can?
Mr. Plummer: The developer is still
Mr. Korge: What I am suggesting to you, and also the developers of those
blocks have to consent, so it is going to require... what we are seeking here
is the the......
Mayor Suarez: Well, those developers don't have a heck of a lot of bargaining
powers, because none of them... they are all the same ones as Phase I, right,
Herb? There is not a single new one.
Mr. Korge: Yes, here...
Mayor Suarez: And none of them have complied exactly with the agreements we
entered with them initially, because they are all way behind schedule.
Mr. Bailey: They are not in default either.
172 December 10, 1987
1
Mr. Dawkins: (OFF MIKE) There are certain rules and regulations for them,
but you don't got none for nobody else.
Mr. Korge: Well, no, the developers, the way this is proposed, Commissioner,
that the developers... Mr. Mayor, the way it is proposed, the developers
would agree and consent to the terms of the use agreement, because the whole
purpose of this is not to interfere.
Mayor Suarez: I am just saying, they don't have much negotiating power,
because they have not complied with any of their lease agreements, disposition
agreements. We have extended their terms. I don't know how many times. I
have just heard about a deadline of April... the last deadline I heard about
was much before April, but in any event...
Mr. Plummer: Is it not April?
UNIDENTIFIED SPEAKER: (OFF MIKE) It is February 12th.
Mr. Plummer: OK, then I am sorry then. I stand corrected, I thought it was
April.
Mayor Suarez: And I hope to God they can meet that deadline, and I hope to
God we pass this because I think it is the only chance that the will meet the
deadline. Zev, do you want anything to... I am sorry, Commissioner, do you
want to ask...?
Mr. Zeb Bufman: It upsets me and it touches me at the same time, that
Commissioner Dawkins is so upset with us, because in a way, we are the cause
of his anger today.
Mayor Suarez: I'm glad somebody is taking the blame!
Mr. Bufman: Well, but I am not ready to take the blame, I want to explain. I
think that we like the Overtown location. I think that we said that a year
and one-half ago. My partners and I stated continuously that the challenge of
a new building, the most important building in Miami's recent history, right
there, where the help was needed, was a wonderful challenge, and we backed up
that challenge with $32,500,000 worth of franchise, right there in
Overtown/Park West, where a lot of people still fear to tread, to walk, to
think, to even consider going. And that was our part of the commitment. And I
understand what the Commissioner says when he says wait a minute, "We were
supposed to develop those four blocks," but I must say to you, please for a
moment, be visionaries and I know you are most of the time, be visionaries
with me. For one brief moment, imagine what will happen in that area, not
five years from now, but one, two, and three years from now, imagine what will
happen in that neighborhood, Commissioner Dawkins, when we do our opening
presentation, well before the games begin, on September 23rd, when Sammy
Davis, Frank Sinatra, and Dean Martin together, have the opening gala of that
arena, and 16,000 people march down to a neighborhood they never dreamed they
would go to, and they will have parking places, and there will not be a
scandal the next day, as we have seen happen to other locations in the City of
Miami and in the County, and we will be ready for them, and do you know what
will happen the year thereafter, or two? We will not have to rely on those
four lots, because private developers will recognize that there is indeed a
corridor between Overtown and Bayside, and one day maybe it will be called
Heat Street, instead of 6th Street, and it will be developed beautifully and
people will rush in there with private dollars to develop, but we need to be
patient and we need to have faith and we need to get through December 31st,
which is a real deadline for us, and the NBA. I do not believe for a moment
that those lots are really going to be needed four years from now or five
years from now, but at this particular juncture, as we dream on, we need to
say that, we need to put it in writing, we need to negotiate it, because if we
don't, we will never see 1988, we will never see the dream and we never have
any parking for the 16,000 people coming to see Sammy, Dean and Frank. We
have to walk and believe at the same time. I have lived here for 27 years,
and I know what you are talking about, and I see a new downtown out there,
that I've seen many, many years ago, when I ran Coconut Grove Playhouse, and
saw that develop and grow. I am not a hit and run guy, and I know what you
are talking about, and we are not out to do what you think we are out to do.
173 December 10, 1987
0 0
Mr. Dawkins: OK, first I have to say to you that I am not angry with you. I
applaud you and Mr. Erickson and the rest of you, because you have put your
money where your mouth is. My anger is with the NBA, OK? The NBA decided how
many parking spaces you must provide. After you provided that, then they
decided you needed more bathrooms. I am wondering what the hell they will
decide you need when you come up with the parking, OK? If they don't want to
give you the franchise, they should say so. In my opinion they should not
keep jerking you around and make it look like the applicant and the City is
not cooperating with the NBA, that is why we can't give you the franchise.
That's my problem, OK? I agree with you that we need parking. We do not need
another Joe Robbie situation, OK? But, by the same token, I sat here when
Carollo, Ferre, and Demetrio Perez voted, when the NFL said that Joe Robbie
had to put a tarpaulin on his stadium, Plummer and I were the only ones voted
to make Joe Robbie pay for it. And all I am saying to you, to these up here,
anything the NBA needs, they need to pay for it. They should not hold you
hostage and then cause you to have to hold us hostage. That's all I am
saying. See, I have no problems with your trying to do something for the City
of Miami, and protect an investment, which is a hell of an investment. I've
got no problem with that, but I do have a problem with the NBA jerking you
around, OK?... and I want everybody to know that. My argument is not with
you, it's with the NBA, because they decided that you don't have enough
parking, which we think is adequate... that's where my problem is, OK? So it
nothing at all to do with the Heat's ownership, or what have you.
Mr. Bufman: Thank you, I understand.
Mayor Suarez: Thank you, Zev. Now, you still have a tightrope to walk,
assuming this passes, convincing the NBA that this resolution is acceptable.
Is it, from your standpoint, do you think?
Mr. Bufman: I think that if we... the Manager is given the power to do, to
negotiate what is in the agreement, we will be all right.
Mr. Plummer: I think the terminology is, they will take great comfort!
Mayor Suarez: Any further discussion? Do we have a motion on this...
Mr. Plummer: I move it.
Mayor Suarez: ... resolution? Do we have a second?
Mrs. Kennedy: I second.
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. 87-1138
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
FIVE-YEAR USE AGREEMENT IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY WITH THE DEPARTMENT OF OFF-STREET PARKING FOR
FOUR (4) PARCELS SCHEDULED FOR REDEVELOPMENT UNDER PHASE
II OF THE SOUTHEAST OVERTOWN/PARK WEST PROJECT GENERALLY
DESCRIBED AS BLOCKS 45N, 56N, AND PORTIONS OF 25N AND 36N
ALL OF MIAMI NORTH SUBDIVISION TO BE USED AS INTERIM
PARKING FOR THE MIAMI ARENA AT NO COST TO THE CITY OF
MIAMI WITH CERTAIN TERMS AND CONDITIONS.
(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:
174 December 10, 1987
0
0
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
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I vote "no" for reasons previously stated.
50 ESTABLISH CABLE TELEVISION SERVICE STANDARDS. (See label 11.)
Mayor Suarez: Item 56.
Mrs. Dougherty: Mr. Mayor, before you get to that, Commissioner Dawkins asked
me to read the resolution, the title of the resolution for the cable
television.
Mayor Suarez: Yes.
Mrs. Dougherty: That's a resolution establishing cable television service
standards for the purpose of reducing complaints and improving services to
Miami Cable Television and subscribers.
Mr. Plummer: Let me ask this question. Is that what was agreed upon by we,
the City Department was trying to get from these people and we agreed to it?
Mrs. Dougherty: These are the standards, yes.
Mr. Plummer: That's fine.
Mr. Dawkins: They brought it to me, the J.L., the department.
Mayor Suarez: OK, I could have sworn I saw you this morning on another item.
Mr. Dawkins: Sue brought it to me.
Mayor Suarez: Oh, it is the same item?
Mr. Dawkins: Same item.
Mr. Plummer: You move it?
Mr. Dawkins: Yes.
Mr. Plummer: I second.
Mayor Suarez: Moved and seconded. Any discussion? Is it an ordinance?
Mr. Dawkins: She read it.
Mrs. Dougherty: Resolution.
Mr. Plummer: Resolution.
Mayor Suarez: Call the roll.
175 December 10, 1987
0 0
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-1139
A RESOLUTION ESTABLISHING CABLE TELEVISION SERVICE
STANDARDS FOR THE PURPOSE OF REDUCING COMPLAINTS AND
IMPROVING SERVICE TO MIAMI TELE-COMMUNICATIONS, INC.
SUBSCRIBERS. -
(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.
------------------------------------------------------------------------------
51. BRIEF DISCUSSION ITEM IN CONNECTION WITH LEATHER HOLSTERS FOR GUNS FOR
THE CITY OF MIAMI POLICE DEPARTMENT.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Manager, did you want us to pass a resolution on the issue
of the leather upholsters for the police?
Mr. Odio: Yes, we ordered the guns and we need to buy the leather for the
guns so we can issue them right away. The guns are in the Glocks....
Mr. Plummer: How much is the leather?
Mr. Odio: $56,000, I believe it is. We were ordered by this Commission to
provide leather.
Mayor Suarez: Yes, we ordered them to get the leather. Now they...
Mr. Odio: I didn't want to buy the leather, but in...
Mayor Suarez: ... need a confirming resolution.
Mr. Plummer: Is that been by competitive bid?
Mr. Odio: Yes, sir.
Mr. Plummer: Let me see the bids.
'— INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I entertain a motion on that.
Mr. Plummer: How many companies made a bid?
Mr. Dawkins: J.L. is looking at the bids.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. -
Mr. Odio: $68,000, I am sorry.
Mr. Plummer: This is not just... whoa, whoa, this is not just the holsters.
Mr. Odio: The leather that goes with them, Commissioner, you ordered them...
176 December 10, 1987
Mr. Plummer: This is the holster, the belt...
Mr. Odio: That is what you ordered us to buy for the Police Department. You
ordered this Manager to buy the leather.
Mr. Plummer: Did you try to buy a holster that would fit on the leather that
they presently have? What?
Mr. Odio: It will fit.
Mr. Plummer: Then why are we buying all these... why are we buying...
Mr. Odio: Because you ordered us to provide them with full leather.
_ Mr. Plummer: But, do we need the full leather? - is what I am asking. If
just need a holster to carry the new gun, why can't you utilize... you are
spending...
Mr. Joseph Longueira: $68,000.
Mr. Plummer: No, you are spending a lot more. The total bids... are you
accepting the total bid?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, I've got news for you. Let me give you a fast
calculation... 21, 31, 52, 68... almost $100,0001... just reading from that
column. This is not what we ordered. This is not what we ordered. This is
not just for the holster. You are going to the handcuffs rings, for the P-20R
rings...
Mr. Longueira: Right, that is what we were told to do when this item was
brought up.
Mr. Plummer: No, no, we told you to buy new holsters.
Mrs. Kennedy: Magazine...
Mr. Plummer: You are buying 4,800 belt keepers. Mr. Mayor, I ask that this
matter be deferred until the next meeting.
Mayor Suarez: OK, I guess we don't even have to defer it, because it wasn't
even on the agenda, so... all right.
52. A) RECONSIDER PRIOR ADMINISTRATION'S SUBMITTAL OF APPLICATION TO THE
SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION FOR A $10 MILLION LOAN
FOR REDEVELOPMENT OF THE GUSMAN/OLYMPIA BUILDING. B) AUTHORIZE MANAGER
TO SUBMIT APPLICATION TO SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION FOR A $10 MILLION LOAN FOR REDEVELOPMENT OF GUSMAN/OLYMPIA
BUILDING.
Mrs. Kennedy: Mr. Mayor, before we continue, I'd like to reconsider an item,
the Gusman-Olympia Building, the renovation, financing.
Mayor Suarez: What did we do on this the last time?
Mrs. Kennedy: It failed by a vote of 3-2...
Mr. Plummer: Right.
Mrs. Kennedy: ... and Jack Mulvena is here to make a presentation.
Mr. Plummer: You got some additional information that might change our minds
on this?
Mr. Jack Mulvena: Yea sir , the first piece on information...
177 December 10, 1987
0
Mayor Suarez: You don't have to change my mind because I voted for it, but go
ahead, maybe you will change somebody else's
Mrs. Kennedy: I voted for it too.
Mr. Mulvena: The first piece of information, again just to remind the
Commission, which was the authorization that the City Manager applied for,
$10,000,000 from the Florida Sunshine Fund for the redevelopment of the Gusman
Theatre and the Olympia Building. The new news which we didn't have last week
is that the money is still available through this week.
Mr. Plummer: That's fine Jack but there is a problem.
Mr. Mulvena: Well, I...
Mr. Plummer: You are proposing that this building, that the City be the prime
tenant and Off -Street Parking be the prime tenant at $22 a square foot, when
everywhere else, prime property downstairs is going for $12 a square foot.
Mrs. Dougherty: Not everywhere, not everywhere.
Mr. Mulvena: But, if I may, J.L., I'd like to make two more comments, and
then introduce Al Cardenas, who is a member of Flagler Landmarks, or our, you
know, proposed developer.
Mr. Plummer: Well, at this particular time, unless somebody moves to
reconsider, it is a dead issue. Now, nobody at this point, who was on the
prevailing vote, has to moved to reconsider.
Mr. Mulvena: I was told, J.L., that anyone could reconsider, of the
Commission.
Mr. Plummer: I am being told that that is the case. I thought you had to be
on a prevailing side.
Mr. De Yurre: I will move to reconsider anyway.
Mr. Plummer: Fine.
Mayor Suarez: Move to reconsider. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded, any discussion? Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 87-1140
A MOTION TO RECONSIDER ITEM 18 OF THE NOVEMBER 19,
1987 AGENDA (RESOLUTION AUTHORIZING THE MANAGER TO
SUBMIT APPLICATION TO SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION FOR $10,000,000 LOAN TO REDEVELOP
GUSMAN/OLYMPIA BUILDING) WHICH ITEM HAD NOT BEEN
APPROVED.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
Mayor Suarez: Proceed.
178
December 10, 1987
0 V
Mr. Mulvena: Well, let me respond to the two items, Commissioner Plummer.
The first item, before I introduce Al is, that we did visit some of the
Commissioners, and although to get the money it would require us to commit for
the duration of this particular load period, both the developer and the
Department of Off -Street Parking would begin instantly to find substitute
tenants over the first five years, because we understand that the City of
Miami would not be possibly relocating under one City unit, at least until
that period of time, so that's one commitment we'd make. The other one is
that as we ran a proforma on the particular project, we would be taking a
_ deficit producing enterprise fund and making it a profit enterprise fund.
Mr. Plummer: How?
Mr. Mulvena: Well, we would be making it simply by having a fully, or at
least a 90 percent utilized building, paying off our loans and having excess
funds in the neighborhood of some $1,000,000, or $2,000,000 for the use of the
City, since it is your property.
Mr. Plummer: No, no, after you pay the debt service on the loan...
Mr. Mulvena: Right.
Mr. Plummer: ...OK? You have "X" number of feet that are not going to be
rented, without this City, who is talking about building a new administrative
building, you are to be one of the prime tenants, as the Department of Off -
Street Parking Authority. You are talking about a building at the projected
financial picture at $22 a square foot, that does not have a single parking
space. Now, where are you going to turn this into a profit making?
Mr. Mulvena: Let me turn this over to Al.
Mr. Al Cardenas: I am a profit maker.
Mr. Plummer: Look, Al, you want my vote? I'll vote for you right now, OK?
You pick up any deficit that it is incurred. You manage it, you pick up any
deficit, we split the profit 50-50.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Oh, but I am saying manage it. He was proposed originally to be
the manager...
Mr. Cardenas: That's right.
Mr. Plummer: ... as well as the developer.
Mr. Plummer: And I am not going to ask you why he no longer wants to be the
manager. It might be embarrassing! It might not be, but I am saying to you,
that you know, this Commission, at the last Commission meeting, spoke very,
- very highly about putting in a new administrative building and if that does go
through, you are not going to have this City as a tenant in that building.
Mr. Cardenas: The point, I thought, and for the record, my name is Al
Cardenas, I am here on behalf of Flagler Landmark Associates, the bidder in
the RFP issued by the Off -Street Parking Authority, as the... I thought the
purpose for being here today was not to ascertain whether you were for the
project, whether it was plan "A" or plan "B", or plan "C", which could well be
along the lines of what you are discussing, or whether you are against it,
because after you reviewed it all, it just doesn't make sense to go forward
with this and parallel to it, as City administration building, but I think all
of those options are available to you after you vote this afternoon. I
thought that what we are about here today was a very narrow issue, and that
is, assuming for the sake of argument, as slight, in some of your minds, as
the opportunities may be that you would want a plan "A", or "B" or "C"
involved, that you want to preserve that alternative. In order to preserve
that alternative, you have to vote in favor of having these funds set aside,
because after December 31st, they no longer will be available. Now, it could
very well be that your vote today is "yes" for the set -aside, and when we
return to visit with you in January or February, it will be a "no", and
nothing that you do here today, let me add that on behalf of the applicant,
implies that you are voting in favor of any of the applicant's proposals.
What you are doing to it this afternoon, is preserving your alternative so at
179 December 10, 1987
0 V
the time you make a decision on the matter, whether it is yay or nay, you have
all of your options fully available to you. That's a very narrow issue that we
are on today, but I will tell you this, Commissioner Plummer, if you charge
the Manager to review with us the issue of management, especially because of
the risk situation, I'm more than willing to do so.
Mr. Plummer: You do that, you've got my vote. We are paying almost $200,000
a year subsidy right now.
Mr. Cardenas: I am more than willing to revisit that issue, because I think
it is entirely within the realms of possibility.
Mr. Plummer: I also ask a question of the City Attorney whether or not is
there anything in the provisions of that gift, that the City cannot sell that
structure?
Mrs. Dougherty: Right now there is a reverter in the gift that if it is not
managed by Off -Street Parking that it does revert back to the grantor's
family, so we would have to get that restriction released.
Mr. Plummer: OK, Mr. Manager, I would like to have at the next meeting, when
we discuss this, if we are again, not only how much actual subsidy we have put
into that building, but how much money we have granted to people to use to
rent that building, which is far in excess of subsidy, because as you know, on
many occasions we have given a group $4,000 to rent that facility, $3,500 to
rent that facility, and that is all part of the subsidy. Are you indicating
to me that we can apply for the grant and then not take it?
Mr. Cardenas: That's absolutely correct.
Mr. Plummer: Then I have no problem.
Mr. De Yurre: Madam City Attorney?
Mrs. Dougherty: Yes sir.
Mr. DeYurre: Is there a possibility that we could lease the building, like a
50 - year lease, or something like that? Are we allowed to do that under the
covenants that we have with the property.
Mrs. Dougherty: Well, the way the original RFP went out is that under the
— direction of the Off -Street Parking Authority, it would be managed by the
Flagler Landmark, but it would be under the supervision and direction of the
Off -Street Parking Authority, so depending on how the deal is structured, yes.
Mr. De Yurre: So it is possible, as opposed to selling it outright, we could
just lease it out?
Mr. Plummer: You can lease it to a management team, but I don't think you can
lease the facilities.
Mr. De Yurre: OK, whoever, I am just saying that I just don't want the City
to be in the landlord -tenant business and if we can work it out... my concern
is, the theatre. I think it is a worthwhile project to maintain and have it
downtown, and it is because of that, that I am willing to go ahead with the
possibility of going ahead with this, that you were applying for this set -
aside provided it doesn't cost us a penny, or the City does not, you know, get
into a position where it may hurt itself down the road, just because of this
application. If that is the case, I have no problem with it, because we can
always come back when the time comes, 60 days from now and say we just don't
want to do it. If that is the understanding, then you know, I will support
this motion.
Mrs. Dougherty: That is my understanding by merely applying, you are not
obligating yourself to anybody.
Mr. Plummer: It is with the full understanding that if we do apply, that no
monies will be expended until approved by this Commission.
Mr. Dawkins: It is the same organization that will provide the Heat with the
parking and now they want a low interest rate for $10,000,000?
180 December 10, 1987
_i
9 0
Mr. Plummer: Yes, same outfit.
Mr. Dawkins: Same outfit? OK, no problem.
Mr. Plummer: Did you see his black hat?
Mayor Suarez: I did notice the suit, and I have an idea who made that, and it
is well done.
Mr. Plummer: Ohhhhhhhh!
Mayor Suarez: No, no, no, we happen to occasionally use the same tailor, but
he didn't make the shirt.
Mr. Plummer: Yes, but now he is in jail!
Mayor Suarez: He didn't make the shirt.
Mr. Cardenas: Always pleased to bring a little bit of holiday cheer to the...
Mayor Suarez: Touche' Touche'! All right, the shirt doesn't make it, that
is the only thing. Tell Antonio that.
Mrs. Kennedy: OK, I move this item, then.
Mayor Suarez: So moved, do we have a second? No second? Somebody second...
Mr. De Yurre: Second.
Mayor Suarez: ... back here? Thank you. Any further discussion, call the
roll. Is it an ordinance? Resolution, call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1141
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO THE SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION FOR THE PURPOSE OF NEGOTIATING A
LOAN NOT TO EXCEED $10,000,000; PROCEEDS TO BE USED
FOR THE PURPOSE OF REDEVELOPMENT OF THE GUSMAN/OLYMPIA
BUILDING.
(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: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. Plummer: With the proviso that none of the monies can be expended at any
time without full Commission approval.
181 December 10, 1987
a
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53.A. APPOINT OSMUNDO MARTINEZ TO THE BAYFRONT PARK TRUST. B APPOINT RODNEY
BAREDO.
Mayor Suarez: Item 56, selection of members of the Bayf ront Park Trust. You
have got a list?
Mrs. Kennedy: You have the list in front of you. As you know, these are the
15 members proposed by the Trust. We have to add five from this Commission
and then on top of that, we have the chairperson. I'd like to say that...
Mr. Plummer: No, no, no.
Mrs. Kennedy: ...Mr. Alan Greer has served very well as chairperson of the
Trust and I would hope that you consider him to be chairman of the Trust.
Mr. Plummer: I thought we reappointed more than one?
Mr. Alan Greer: Commissioner Kennedy, there is one substitution to the list.
Mr. Plummer: Say again?
Mr. Greer: There is one substitution to the list of 15, of Willy Gort, was
our understanding was going to be going off the planning and zoning, and now
it looks like he is going to be on planning.
Mayor Suarez: He is still on planning, yes.
Mr. Greer: We would like to substitute Henry Courtney for Mr. Gort.
Mayor Suarez: Did we make, at the request of Commissioner De Yurre, any
modifications? Or are you going to nominate Osmundo Martinez, by any chance?
Mr. De Yurre: Well, we haven't gotten to that yet, but, you know, how many
Hispanics now do we have out of this 15?
Mr. Greer: With the change, it would be four out of the 15.
Mr. De Yurre: Four out of 15, and that is about 27 percent, and we got 50
percent Hispanic in Dade County. You know, if you are going to replace Wily
Gort, I think we should have a Hispanic in there.
Mayor Suarez: Put Osmundo in there. I'll accept Osmundo Martinez, if you
want for that.
Mr. De Yurre: OK.
Mr. Greer: Osmundo Martinez would be fine.
Mr. Dawkins: And two Blacks out of 15?
Mr. Greer: Three Blacks.
Mr. Dawkins: What is three? I don't see but two.
Mr. Greer: Dorothy Fields, Ralph Johnson and Ghislain Gouraig who is a
Haitian born American. Mr. Gouraig is with the NCNB and they are a national
department. He is a Harvard graduate, law school, and extraordinarily bright
and he is going to be very active in the community and I think this is a major
place.
Mr. Dawkins: That is a Haitian representing the Haitian.
Mayor Suarez: All Harvard graduates raise their hands. I see Carl Kern back
there.
Mr. Greer: Commissioner, I don't mean to step on anybody's toes. I thought
they would...
182 December 10, 1987
Mr. Dawkins: No more problems! No problem, but I just want you to know, I
mean, when I say Black, I mean Black like me. Now, we all got a Haitian, I
mean now, the Haitians need to be represented, but I mean, that's not me.
Mr. Greer: He is an American citizen.
Mr. Dawkins: Beg pardon?
Mr. Greer: He is an American citizen.
Mr. Dawkins: So am I. I've got a U.S. passport and a birth certificate.
Mrs. Kennedy: Did you include Ralph Johnson?
Mr. Greer: Yes, and Dorothy Fields.
Mr. Plummer: Let me ask a question while we are on this subject. I read in
the paper that Decoma is interested in taking over this facility.
Mr. Greer: We are in discussions with not just Decoma, but a number of
promoters who are interested in managing the amphitheater for the paid portion
of the days to provide...
Mr. Plummer: Well, I guess the question I really had is, why do you need a
trust, or a fund established if you are going to have a professional manager
in there?
_ Mr. Greer: Because the professional manager does not manage the park as whole.
He manages only the one amphitheater. They are interested in a small
amphitheater on the south end of the park. In the events, they are not
interested in the community event days which are over 50 percent of the total
® days. I think you can't just have someone managing the commercial part of it,
and leaving the community part to drift.
Mr. Dawkins: Are we discussing the committee, or are we discussing the
o committee and the revolving fund? I need to know what we are discussing.
Mrs. Kennedy: No, not the revolving fund.
Mr. Plummer: The revolving fund is the next item on the agenda.
Mayor Suarez: Thank you, thank you, just the committee.
Mrs. Kennedy: No, no, I am deferring that until January.
Mr. Dawkins: Beg pardon?
Mr. Plummer: Well, no, they were supposed to come back at this meeting and
tell us what that... the request for the dollars was going to be.
Mrs. Kennedy: Yes, but we are not ready to do that. I would like to defer
that...
Mr. Plummer: Well, this was not supposed to be voted on until we had that.
Mr. Greer: Commissioner Plummer, we are working very hard to try to structure
the situation where we won't have to ask you initially for any dollars. I
can't guarantee that is going to happen, but a lot of effort is going into it.
We are trying as hard as we can to keep the burden on the City as low as
humanly possible.
Mayor Suarez: Let's get this committee appointed. Let's follow up
Commissioner Dawkins' motion, I mean, concept, that we ought to take this in
part here. If we have the committee, it is item 56. Does anybody have any
problem with this committee? I'll entertain a motion on it.
Mrs. Kennedy: I move that portion.
Mr. De Yurre: Second.
' Mayor Suarez: Seconded. Any discussion? Call the roll.
183 December 10, 1987
0 0
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1142
A MOTION APPOINTING OSMUNDO MARTINEZ AS A MEMBER OF
THE BAYFRONT PARK TRUST. (Note: Mr. Martinez was
nominated by Commissioner De Yurre.)
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Just superficially, I have to tell you I agree with my fellow
Commissioner. I have problem with this concept of having now another entity
that somehow manages the amphitheater and before you bring that back to us, I
would suggest you sit down with each one of us and explain why we have to do
that. We are appointing a committee, presumably of people who have more
expertise than we do in handling a park. We are envisioning that you are
going to have some kind of executive director, hopefully not paid a heck of a
not, but that will help to book the events and will work in conjunction with
the City. We already have a booking office and now to have another entity as a
middle agency or a middle man in all of this, that certainly wasn't the way I
envisioned all of this working.
Mr. Dawkins: Well, why did you have the trust, if you need somebody to run
it? I mean...?
Mr. Plummer: Exactly the question that I just asked.
Mr. Dawkins: I mean, I said that from day one, and now, they got the trust
and now they want to come back and let you get somebody to earn the money for
them.
Mayor Suarez: If it is a way to resolve the situation that we don't have to
put any money into it, or something, that interesting, but you know, discuss
with each one of it individually, don't bring it back until you have done
that, Alan, because it is not going to fly.
Mr. Greer: Absolutely, Mr. Mayor, and we have the other problem of the 10,000
seats. The cap at 4,000 seats which plays into this too.
Mayor Suarez: OK, you've withdrawn 57, let me withdraw 58, because I don't
know the status of that.
Mrs. Kennedy: No, no, we haven't finished. If we could just...
Mayor Suarez: Oh, what do we need...?
Mrs. Kennedy: ...we need to nominate one person, our own appointee.
Mayor Suarez: Oh, our own appointee?
Mrs. Kennedy: I'd like to nominate Rodney Baredo.
Mayor Suarez: So moved.
Mr. Plummer: I'll come back with mine later.
Mr. De Yurre: Cynthia Pelaez.
Mayor Suarez: Cynthia Pelaez. I will nominate Henry Courtney, now then, for
my appointee. I guess Huber Parsons is going to have to serve on some other
committee, poor guy. Anyone else have their appointments ready?
184 December 10, 1987
T
Mr. Plummer: I've have mine at the next meeting.
Mayor Suarez: I'll entertain a motion as to those three and reserve two more
for Commissioners Dawkins and Plummer.
Mrs. Kennedy: I so move.
Mayor Suarez: Moved, seconded. Any discussion, call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1143
A MOTION APPOINTING THE HEREINBELOW LISTED INDIVIDUALS
AS MEMBERS OF THE BAYFRONT PARK TRUST:
RODNEY BAREDO (nominated by Vice Mayor Kennedy)
CYNTHIA PELAEZ (nominated by Commissioner De Yurre)
HENRY COURTNEY (nominated by Mayor Suarez)
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mrs. Kennedy: Mr. Mayor, would it be appropriate... I'm sorry.
Mayor Suarez: I'm sorry, would you notify... Alan, would you notify Henry,
because I know I got correspondence from him, but I...
Mrs. Kennedy: Would be appropriate at this time to nominate Alan Greer as
chairperson? If so, I so move.
Mr. Dawkins: No, because I may want to nominate my person for the
chairperson. I don't know who it is.
Mrs. Kennedy: Well, you have one appointee, and on top of that, there is a
chairperson.
Mayor Suarez: Appointed by the Commission.
Mrs. Kennedy: Appointed by the Commission.
Mayor Suarez: A chairperson appointed by the Commission.
Mr. Dawkins: On top of what we have done?
Mayor Suarez: On top of the 20.
Mrs. Kennedy: Right, it is for a total of 21 members.
Mr. Dawkins: All right, well, I'll have some body to recommend.
Mr. Plummer: Well, may I... oh, I see what you are saying.
Mrs. Kennedy: Right.
Mr. Plummer: It is one beyond.
Mrs. Kennedy: This is five and...
Mr. Plummer: I was going to say, I would feel better letting the committee
recommend to us the chairperson, even though we retain the right of approval.
185 December 10, 1987
Mrs. Kennedy: No, the committee recommends Alan Greer.
Mayor Suarez: You were the one that wanted this Commission to decide the
chairman, and you fall for that, and now you want them to recommend to us the
chairman? Geeezl
Mr. Plummer: Seeing as they were appointed two minutes ago...
Mrs. Kennedy: Never mind
Mr. Plummer:... they've all...
Mrs. Kennedy: Alan, don't worry.
Mr. Dawkins: Come on, give me a break.
Mayor Suarez: As of now, you are not on the committee, so let's see how it
goes in the next Commission meeting.
NOTE FOR THE RECORD: AGENDA ITEMS 57 AND 58 WERE WITHDRAWN.
54. CONFIRM ORDERING RESOLUTION 87-914 - ADVERTISE SEALED BIDS FOR
CONSTRUCTION OF CITYWIDE SANITARY SEWER EXTENSION IMPROVEMENT (SW 8
COURT - DISTRICT SR-5539-C).
Mayor Suarez: Agenda item 59.
Mr. Cather: This is a resolution confirming your ordering resolution for
City-wide sanitary sewer extension.
Mayor Suarez: I'll entertain a motion confirming the ordering resolution.
Mrs. Kennedy: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: Are there any objections from anyone in the public? Let the
record reflect no one came forward.
Mayor Suarez: Reflect that no one stepped forward on item 59. OK, call the
roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1144
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 87-914
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF CITYWIDE SANITARY SEWER
EXTENSION IMPROVEMENT - SW 8 COURT IN CITYWIDE
SANITARY SEWER EXTENSION - SW 8 COURT IMPROVEMENT
DISTRICT SR-5539-C (CENTERLINE SEWER).
(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:
0
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.
------------------------------------------------------------------------------
55. CONFIRM ASSESSMENT ROLE: CONSTRUCTION OF ALLAPATTAH HIGHWAY IMPROVEMENT
(DISTRICT H-4474).
------------------------------------------------------------------------------
Mr. Dawkins: Move item 60.
Mayor Suarez: Item 60 has been moved confirming the assessment role. What
does it work out to be percentage wise, of the total cost that the citizens
will pay? Twenty-five...
Mr. Cather: The total cost is $844,000. The assessment is $282,000 in this
case, so it works out to about 10 percent.
Mayor Suarez: Wait a minute, what did you say the total assessment was? I
see $82,000 on this sheet, but the figure you just gave was what?
Mr. Cather: The total cost was $844,000.
Mayor Suarez: The assessment?
Mr. Cather: Yes.
Mayor Suarez: How much is the assessment to the neighbors?
Mr. Cather: The total cost, the cost of the assessable improvements with the
highway portion was $502,000. The $342,000 balance, in the cost pertains to
the drainage construction, which is non -assessable, which means that we only
get $82,000 assessed.
Mayor Suarez: OK, I thought you said two hundred something. So it works out
to 10 percent in this case. Why is so much of it non -assessable?
Mr. Cather: Because the $342,000 balance of the cost pertains to the drainage
construction, for drainage.
Mayor Suarez: And that is not assessable?
Mr. Cather: No.
Mayor Suarez: Under what, our Charter, our Code, State law or what?
Mr. Cather: Yes, under our Code.
Mr. Plummer: That's payable out over 20 years.
Mayor Suarez: Twenty years? We have a motion and a second on this
resolution?
Mr. Plummer: So moved.
Mayor Suarez: It is the only time I've seen a piece of...
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
} 187 December 10, 1987
i
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1145
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF ALLAPATTAH HIGHWAY IMPROVEMENT IN
ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT H-4474 AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT
HEREBY CERTIFIED.
(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. ACCEPT COMPLETED WORK: LANZO CONSTRUCTION CO. (FAIRLAWN NORTH SANITARY
IMPROVEMENT DISTRICT SR-5491-C).
Mayor Suarez: Item 62.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
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. 87-1146
A RESOLUTION ACCEPTING THE COMPLETED WORK OF LANZO
CONSTRUCTION CO. AT A TOTAL COST OF $1,808,750.77 FOR
FAIRLAWN NORTH SANITARY SEWER IMPROVEMENT IN FAIRLAWN
SANITARY SEWER IMPROVEMENT DISTRICT SR-5491C C.I.P.
PROJECT NO. 351272 AND AUTHORIZING A FINAL PAYMENT OF
$45,218.77.
(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.
188 December 10, 1987
#1 0
57. RATIFY MANAGER'S ACCEPTANCE OF BID FOR FIRE PAK, INC. - FOR MIAMARINA
RENOVATION - PHASE II PROJECT.
Mr. Dawkins: Move item 63.
Mayor Suarez: 63 has been moved, ratifying...
Mrs. Kennedy: Second.
Mayor Suarez: ... actions of the City Manager, that would otherwise mean
that he would have to pay out of his pocket $147,400. We have a motion and a
second. Any discussion?
Mr. Plummer: Good idea!
Mr. Odio: I have that in my petty account.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-1147
A RESOLUTION RATIFYING BY AFFIRMATIVE VOTE BY 4/5TH OF
THE CITY COMMISSION THE EMERGENCY ACTIONS OF THE CITY
MANAGER IN ACCEPTING THE BID OF FIRE PAK, INC. AND
EXECUTING A CONTRACT WITH SAID FIRM IN THE PROPOSED
AMOUNT OF $147,000.00 BASE BID OF THE PROPOSAL, FOR
MIAMARINA RENOVATION - PHASE II; WITH MONIES THEREFOR
ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO.
10347, PROJECT NO. 413007 IN THE AMOUNT OF $147,400.00
TO COVER THE CONTRACT COST.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
58. A) APPROVE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT. B) APPROVE
DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT - INCREMENT NO. 1.
Mayor Suarez: Item 65, the Downtown DRI.
Mr. Rodriguez: ... The application for this development order for the DRI for
downtown that we have here today before you, takes advantage of the Florida
statutes and allows to prepare a DRI for an area which is within the
boundaries of the Downtown Development Authority. The procedures are somewhat
similar to those who you have seen before for private development, and if I
can call to your attention two previous applications like the Miami Central
one and so on, the applicant will have to prepare an application like this and
go through a procedure that requires you to go through the Regional Planning
Council and go through the Planning Advisory Board and finally go to the City
Commission.
189 December 10, 1987
_ Mr. Plummer: Well, there are people, I think, who want to speak to the issue,
Miller.
Mr. Dawkins (Off mike): Well, let them speak, I don't...
Mayor Suarez: Is there anyone that wishes to be heard against the downtown
DRI Development of Regional Impact that would be an umbrella for all
applicants downtown?
Mr. Plummer: Well, Mr. Mayor, there are two phases to this.
Mayor Suarez: Let the record reflect that no one has stepped forward.
Commissioner Plummer.
Mr. Plummer: There are two phases, one is the master overview and then you
will also be approving Increment I. Now, let me say to you that if all the
goals of this master plan were to be met, it would be a beautiful downtown
area. The question has to resolve are some of the criteria and the
responsibility set forth in the DRI practical? Just to bring to your
attention and to give you the full scope, this thing covers from 7,000,000
square feet in the first increment to the brown pelicans in Biscayne Bay. I
think that the one thing that I want to make sure that you know, that every
member of this Commission is aware, that in this first increment, it has been
broken down into sub areas. It is now broken in to the Omni area, the
downtown area and the Brickell area. One of the provision, for example, is
1,000 hotel rooms in the next five years. If you take the Olympia York
Project alone, that is 1,000 rooms but it could not be built until after 1992.
Because...
Mayor Suarez: Well, it could be but they would have to pay for certain
infrastructure costs.
Mr. Plummer: No, no, no.
Mayor Suarez: Sergio is going like this while you're saying that.
Mr. Plummer: OK, he's talking about a possible swap off, OK?
Mr. Rodriguez: Right.
Mr. Plummer: A possible swap off. Three hundred and fifty of those rooms go
to the Omni area, 650 go to the downtown and none to the Brickell area, OK?
Mayor Suarez: Why is he nodding no everytime you say something over here?
Mr. Rodriguez: Because I'm trying to put my word in. There is flexibility
within the whole area to allocate development within the constraints of the
amount of rooms that you have, first.
Mr. Plummer: That's correct.
Mr. Rodriguez: And, second, there is the trade off that you mentioned
already. We can trade off other uses, other square footage for rooms
depending on the -------- that they cost. So we have that flexibility built
in.
Mr. Plummer: OK, my...
Mr. Dawkins: OK, what...
Mr. Plummer: ... my overlying factor, Miller, is the fact that many of the
mandated items of this DRI that we must make sure are not under the control of
this City. For example, one of the areas that is mandated in here is that the
Peoplemover, the north and the south extension, must be in place by 1992. If
_ it is not, this City must be prepared to pick up no less than $7,5000,000
worth of infrastructure or more.
Mayor Suarez: No, that's that...
Mr. Plummer: OK? Sergio, expound it.
190 December 10, 1987
Mr. Rodriguez: Not exactly that.
Mr. Dawkins: Sergio, what...
Mr. Rodriguez: If I could make my representation, maybe I can clarify some of
these things.
Mr. Dawkins (Off mike): .... don't need to go through that.
Mayor Suarez: Well, clarify it, at least just that one, Sergio, because,
otherwise, we'll be at this forever.
Mrs. Kennedy: Sergio, Increment I covers until 1992.
Mr. Dawkins: I tell you, if you make your presentation, you lose my vote
because I don't want to sit through it. You already went through this in my
office.
Mayor Suarez: Yes, and...
Mr. Rodriguez: OK, I think I ------ it, but let me...
Mayor Suarez: On that particular issue...
Mr. Dawkins: You know, if I got to listen to it again, I'm not going to vote
for it.
Mayor Suarez: ... of the $7,500,000 of infrastructure needs assuming that the
Peoplemover does not get built.
Mr. Plummer: That's correct.
Mr. Rodriguez: We have two options on that point. The first option that we
have is that because we don't have the Peoplemover in place, we declare
substantial deviation with the contract that we have. At which point, we have
to calculate the impact that we will have if the Peoplemover were not in place
and it says, future development for that impact.
Mr. Plummer: But, we have to pay it up front because it's paid in increments
quarterly.
Mr. Rodriguez: No, we were saying with this that we were contracting to pay.
We're not agreeing to pay but to contract to pay for that amount.
Mr. Dawkins: OK, for the school needs that are needed in this area, did we
get with the school board and have the school board include that in this bond
issue that they just passed yesterday?
Mr. Rodriguez: We make them aware of this and we have a letter from the
school board saying that they have no capacity for the school children that
are required on this, than they need to serve the area.
Mr. Dawkins: Slow it down now and run it by me again.
Mr. Rodriguez: When we work with the school board and we work with a lot of
agencies on this, we received a letter from them saying that they have more
capacity that they need to serve the population created by this development
and they can handle the growth which is necessary. So it's OK with them.
Mr. Dawkins: OK.
Mayor Suarez: I guess the reason for that basically, and in this particular
case, is that most of the needs for new schools are out in the suburbs.
They're leaving the inner city and...
Mr. Plummer: Yes, completely. Mr. Mayor, the final point that I want to make
that this, and Sergio, you back it up or correct me, this DRI mandates impact
fees.
Mr. Rodriguez: The DRI is based on fees that will be collected from
developers.
191
December 10, 1987
Mr. Plummer: Impact fees.
Mayor Suarez: Right, regional impact fees or exactions.
Mr. Rodriguez: Exactions, let's call it exactions because it's different than
impact fees. It covers more than impact fees.
Mayor Suarez: But it's a very similar concept. Yes, I...
Mr. Rodriguez: Similar, right.
Mr. Plummer: It's more far reaching.
Mayor Suarez: Yes, well, it's for bigger projects.
Mr. Plummer: It's a bigger bite of the apple.
Mr. Dawkins: All right, now, why is it that you have sixty five on here and
we had twenty-nine?
Mr. Plummer: Twenty-nine, I asked that very question in the questions which I
sent to all of you, why was Park/West Overtown extracted? and supposedly, it
was a request of Herb Bailey that it be treated separately as a different
entity and it would not be as costly overall as if you include it in this full
picture.
Mayor Suarez: When are we going to be presented with the...
Mr. Dawkins: On the 11th, February llth.
Mr. Plummer: We will vote on it on the Regional Planning Council in January
and comes to you in February. If you pass 29, that was to set the date.
Mayor Suarez: OK. Anything else from the Commission? At your own risk,
anything else from Sergio?
Mr. Rodriguez: The only reason I want to add something on the record is
because of a possible statement that was made last night on the Planning
Advisory Board by a lawyer. And, if you don't mind, as a summary of my
statement besides the memos which are in front of you dated November 30, 1987,
I would like to add the following: We believe that we have an excellent DRI
that has been prepared by professionals of impeccable qualifications and with
participation by State, County and City agencies for downtown as reflected by
these two development orders. This will result in increase in more and better
development and increasing our tax base and an increase of our employment for
the City, without sacrificing environmental and planning issues and making
adequate provision for impact of proposed development. And for this reason,
we urge you to approve this.
Mr. Plummer: Twenty-nine is afterwards. That's for the Park Overtown.
Mr. Rodriguez: I am sorry, I would like also to include, give you a copy of
the technical changes that were made last night in the Planning Advisory Board
meeting, a copy of which is passed on now.
Mayor Suarez: While he's handing that out, I'll entertain a motion on the
downtown DRI.
Mrs. Kennedy: I'll move it, I think this is great for the City.
Mayor Suarez: Moved, do we have a second? J.L., you don't want to be
included in the motion?
Mr. Plummer: I'd rather not. I'll vote on the motion but I'd rather not move
it.
Mayor Suarez: OK. Moved and seconded. Any discussion? Call the roll.
Mr. Plummer: Excuse me, you must, as amended.
Mayor Suarez: As amended and do we need to read - it's the first time we...
192 December 10, 1987
Mr. Rodriguez: You are voting on the resolution for the master development
order first.
Mayor Suarez: OK. Call the roll.
Ms. Hirai: Mr. Mayor, who was the seconder of the motion, please?
Commissioner De Yurre.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1148
A RESOLUTION CONCERNING THE DOWNTOWN MIAMI DEVELOPMENT
OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY
OF MIAMI UNDER THE JURISDICTION OF THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE
SOUTHEAST OVERTOWN/PARK WEST AREA AS MORE PARTICULARLY
DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR
DEVELOPMENT APPROVAL PROPOSED BY THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY; AUTHORIZING A MASTER
DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF
REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING
COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD,
SUBJECT TO THE CONDITIONS OF THE MASTER DEVELOPMENT
ORDER ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION
FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY
REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE
SOUTH FLORIDA REGIONAL PLANNING COUNCIL INCORPORATED
HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND
CONCLUSIONS OF LAW; PROVIDING THAT THE MASTER
DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT
AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK
TO SEND COPIES OF THIS RESOLUTION AND MASTER
DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE
APPLICANT; DIRECTING THE CITY MANAGER TO TAKE ALL
ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS
UNDER THE MASTER DEVELOPMENT ORDER; AND PROVIDING A
SEVERABILITY CLAUSE.
(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.
Mayor Suarez: Do we need another roll call?
Mr. Rodriguez: No, you have to vote now on the development order for
Increment I.
Mr. Plummer: On Increment I.
Mayor Suarez: Oh, an increment, OK. I'll entertain a motion on Increment I.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. De Yurre (Off mike): Second.
193 December 10, 1987
Mayor Suarez: Seconded. Any discussion? Call the roll.
Mr. Plummer: Let me give just a comfort in here, Mr. Mayor, Increment I which —
is for five years, at the City's request, can be extended, if necessary, for
another 4.11 months if necessary before Increment II does go into effect.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1149
A RESOLUTION CONCERNING THE DOWNTOWN MIAMI DEVELOPMENT
OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY
OF MIAMI UNDER THE JURISDICTION OF THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE
SOUTHEAST OVERTOWN/PARK WEST AREA AS MORE PARTICULARLY
DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR
DEVELOPMENT APPROVAL PROPOSED BY THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY; AUTHORIZING AN INCREMENT I
DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF
REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING
COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD,
SUBJECT TO THE CONDITIONS OF THE INCREMENT I
DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A", THE
APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED
HEREIN BY REFERENCE, AND THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING
COUNCIL INCORPORATED HEREIN BY REFERENCE; MAKING
FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING
THAT THE INCREMENT I DEVELOPMENT ORDER SHALL BE
BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST ;
DIRECTING THE CITY CLERK TO SEND COPIES OF THIS
RESOLUTION AND THE INCREMENT I DEVELOPMENT ORDER TO
AFFECTED AGENCIES AND THE APPLICANT; DIRECTING THE
CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL
THE CITY'S OBLIGATIONS UNDER THE INCREMENT I
DEVELOPMENT ORDER; AND PROVIDING A SEVERABILITY
CLAUSE.
(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.
194 December 10, 1987
59. ESTABLISH DATE FOR PUBLIC HEARING REGARDING PROPOSED ISSUANCE OF
DEVELOPMENT ORDER FOR THE SOUTHEAST OVERTOWN/PARK WEST - FOR THE
DEVELOPMENT OF REGIONAL IMPACT COMMUNITY REDEVELOPMENT AREA.
Mr. Dawkins: Move 29.
Mayor Suarez: Item 29's been moved. Do we have a second?
Mr. Plummer: On 29?
Mayor Suarez: Yes.
Mr. Plummer: Yes, I move it.
Mayor Suarez: Thank you. Any discussion? Call the roll on 29.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-1150
A RESOLUTION ESTABLISHING FEBRUARY 11, 1988 OR A
RECONVENED MEETING AS THE DATE FOR A PUBLIC HEARING
CONSIDERING ISSUANCE OF A DEVELOPMENT ORDER FOR THE
SOUTHEAST OVERTOWN/PARK WEST FOR THE DEVELOPMENT OF
REGIONAL IMPACT COMMUNITY REDEVELOPMENT AREA AS
DESIGNATED BY THE CITY OF MIAMI (RESOLUTION 82-755)
AND DADE COUNTY RESOLUTION (R-1677-82) AS PROPOSED BY
THE APPLICANT, THE CITY OF MIAMI, FLORIDA, AND
DIRECTING THE CITY CLERK TO NOTIFY APPROPRIATE
AGENCIES.
(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. EMERGENCY ORDINANCE: EXPAND MORATORIUM ON THE COLLECTION OF IMPACT FEES
TO JANUARY 28, 1988.
------------------------------------------------------------------------------
Mayor Suarez: Item 66.
Mr. Plummer: Mr. Mayor, let me ask, if I may, to the City Attorney's office
or the Manager, the impact fee ordinance is coming back when?
Mr. Rodriguez: I believe you're going to have the resolution tonight prepared
by - or an ordinance, excuse me, prepared by the City Attorney because the
impact fee has to be extended until January 28th, the moratorium.
Mr. Plummer: Well, the moratorium goes out when?
Mayor Suarez: How long does the moratorium last?
195 December 10, 1987
0 9
Mr. Plummer: Till January.
Mr. Rodriguez: The 90 days should have finished January, but there was a
mistake on the ordinance and it shows December 21st. So I think tonight you
should show - pass an ordinance specifying that it will end on the 28th of
January.
Mr. Plummer: All right, emergency ordinance extending the moratorium on the
collection of impact fees as originally imposed pursuant to ordinance number
10273 adopted May 28th, 187, to last until January 28th, 1988. I so move.
Mayor Suarez: So moved.
Mr. Dawkins (Off mike): Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE EXTENDING A MORATORIUM ON THE
COLLECTION OF IMPACT FEES AS ORIGINALLY IMPOSED
_ PURSUANT TO ORDINANCE NO. 10273, ADOPTED MAY 28, 1987,
TO LAST UNTIL JANUARY 28, 1988.
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
p 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. 10355.
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: Sergio...
Mr. Plummer: Mr. Mayor, we now have to direct the City Attorney's offices as
to what we want because, if not...
Mrs. Dougherty (Off mike): The planning staff.
Mr. Plummer: ... the planning staff, I'm sorry.
Mayor Suarez: Call the roll again. I'm sorry, call the roll again on that.
Mrs. Kennedy: Second roll call.
196 December 10, 1987
Mr. Plummer: Is that the 4/5ths? Oh, yes, I'm sorry. I vote yes. We've got
to give instructions to the planning staff so that they will have a
recommendation back on the 28th which is our next zoning meeting to adopt it.
If not, then the present ordinance will go back into effect.
Mr. Rodriguez: As to possible exceptions, if you want to make any.
Mayor Suarez: As to what?
Mr. Plummer: Well, I've told you...
Mr. Rodriguez: Possible exceptions.
Mr. Plummer: Yes, I've told you from day one that I want all single family
residence excluded.
Mayor Suarez: They were exempted from the proposed ordinance.
Mr. Plummer: Yes. I also feel that any charitable non profit organization
should be exempt and I've also told you that any moderate or low income
housing, whether City or private combination, should be exempt.
Mrs. Dougherty (Off mike): How defined?
Mr. Plummer: How defined?
Mrs. Dougherty (Off mike): ... federal guidelines?
Mr. Plummer: Federal guidelines are acceptable to me.
Mayor Suarez: As to a hundred percent of the units? Remember, we've got a
lot of those projects that have 25 percent of the units.
Mr. Plummer: Exempt. Well then, what's the federal guidelines? - I don't
know.
Mayor Suarez: Of Overtown Park/West, for example, because of funding that we
get from the federal government, where federal guidelines apply, require no
less than 25 percent be within the poverty guidelines of the units so that's
why I'm asking because...
Mr. Plummer: Well, I'll leave it to the discretion of the Planning
Department.
Mrs. Dougherty (Off mike): It's 20 percent that we're building.
Mr. Plummer: Twenty percent?
Mayor Suarez: Of the units have to be under federal poverty guidelines?
Mr. Plummer: OK.
INAUDIBLE COMMENTS.
Mr. Plummer: No.
Mr. Rodriguez: We will check with the Housing Department and whatever they
use as a criteria, we'll follow.
Mayor Suarez: Whatever they recommend?
Mr. Plummer: That's multiple housing.
Mr. Rodriguez: Well, you're talking about moderate -low income housing, you
didn't say whether it was single family or multiple.
Mr. Plummer: No, no, no, multiple,
Mr. Rodriguez: Only multiple low and moderate income housing.
Mr. Plummer: That is correct.
t.
197 December 10, 1987
a
is
is
Mr. Rodriguez: Oh,
Mr. Plummer: No, a duplex would not because the guy could live in it and rent
out the other half, then it's profit making.
INAUDIBLE COMMENTS.
Mr. Plummer: If this Commission thinks so, fine. The question is, what about
moderate or low on duplexes? Should that be exempt?
Mayor Suarez: See, I wasn't ready to make that...
Mr. Rodriguez: Tell him on the record.
Mayor Suarez: ... determination tonight. What I wanted to do, thinking that
as you do, that this is very, very akin to a DRI impact fee, is, again, figure
out a way to carve out a category of projects above a certain size that we
would try to impose an impact fee on and not those below a certain size and
I'm not just talking about single family residential. And, so far, under the
law, we cannot do that. So...
Mr. Rodriguez: Through a major use permit you can impose conditions on any
project which is larger than 200,000 square feet of office. You may lower
your threshold, which is separate from impact fees.
Mr. Plummer: Let's understand, and Sergio here again, you correct me if I'm
wrong, the...
Mayor Suarez: Lower the — I'm sorry, lower the threshold from what?
Mr. Rodriguez: From 200,000.
Mayor Suarez: Oh, 200,000. Well, what's the DRI threshold?
Mr. Joe Maxwell: 300,000.
Mr. Rodriguez: 300,000.
Mayor Suarez: And we could lower it from 200, which is applicable now, to
what?
Mr. Rodriguez: What do you mean, to what? To any development in the City of
Miami which has offices...
Mayor Suarez: We had no other threshold below three hundred then. It was all
the way down to single family units that we're applying impact fees to.
Mr. Rodriguez: Or your being in impact fees.
Mayor Suarez: Right.
Mr. Plummer: Oh, on impact fees, yes.
Mayor Suarez: You mean, you can lower the second threshold to 200, you were
saying, possibly?
Mr. Rodriguez: We have now, under the major use permit, a threshold of
200,000 square feet offices at present with major use permits. With DRI, we
have 300, 000.
Mayor Suarez: The major use permits entitle us to exact some kind of an
impact fee, is that what you're saying?
Mr. Plummer: Yes.
Mr. Rodriguez: We negotiate with them.
i?
Mayor Suarez: OK.
Mr. Plummer: OK, I think...
-' 198 December 10, 1987
t
}
Mayor Suarez: And that goes out and so we could have brought that threshold
down to a smaller, but still not as small as single family, duplexes, and
such. Would that have been allowed under state law? We fight this argument
many times.
Joel Maxwell, Esq.: Yes, well the problem is that the necessity for the
impact fee was created by the statutory requirement for impact fees before you
can pass a development order. And, under definition of what constitutes a
development, there is no threshold in there, the definition of development is
very broad.
Mayor Suarez: Why don't you guys give me the same opinion every time I ask
the question, please. You know, she's saying yes, you're saying no.
Mr. Maxwell: Well, if you want to...
INAUDIBLE COMMENTS.
Mr. Plummer: Right, let me put just one thing on the record, Sergio remember.
Mr. Mayor, one of the things that has me concerned is that the state is going
to impose impact fees. Any municipality...
Mayor Suarez: No, well no, the state is requiring us to impose impact fee in
effect, by the universality requirement of state law.
Mr. Plummer: If you don't, you're then going to be governed by theirs. I
would much rather keep it where we make our own rules and allow...
Mayor Suarez: Oh, I agree with that. Probably what you're thinking is that
_ maybe we'd be governed by the counties or something but we can get a change in
the state law and that's why I'm looking to have our own idea of what makes
sense on all of this and you're telling me that maybe it makes sense to start
lowering that threshold but not all the way down to the exemptions that you're
calling for, which I think are good too, by the way. I'm just looking to
p exempt the small projects, the single family, duplex and so on.
Mr. Rodriguez: I think you're talking about two approaches to a problem.
Mayor Suarez: Right.
Mr. Rodriguez:.... which are not mutually exclusive, you can handle both of
them.
Mayor Suarez: Right, exactly. No, no I like your exemptions, I'm just...
Mr. Plummer: Come back with a combination.
Mr. Rodriguez: If I may, to clarify what you're asking me, at this point...
Mayor Suarez: As long as he says it's legal, I just, he's...
Mr. Maxwell: Well, I don't think we should go on the record saying whether or
not all of the exemptions are legal at this time. I think it's clear that at
least one of the exemptions is definitely legal and the one dealing with
single family homes, I think, is very strong.
Mayor Suarez: Right, that has been pretty much determined; what, by other
states' decisions or...
Mr. Maxwell: Well, no, we can look at, I think, an interpretation of statute
could be made which will support that. But the exemptions for the charitable
organizations and so forth, we might need to look at that a little closer.
Mayor Suarez: OK, would you consider, and when you bring it back, all of
these that we've requested. I just want one that brings us up to a threshold
of - I don't know what to say, you were talking about reducing the 200 down to
what?
Mr. Rodriguez: Don't say it, let us...
Mr. Dawkins (Off mike): Don't say it now.
199 December 10, 1987
Mayor Suarez: Don't say it, OK.
Mr. Rodriguez: And it doesn't have to be that day.
Mayor Suarez: What I would consider what logically would be considered a
small project that would have no appreciable impact, in which case, we can
have a nominal fee as Lucia was suggesting.
Mr. Maxwell: We know what you want and we can certainly look at it from that
view.
Mayor Suarez: Thank you. I'm glad you know because I don't.
Mr. Rodriguez: I don't know either. To clarify though...
Mayor Suarez: Wait! He does, so please let him propose it then because you
and I are in the same boat, you don't know what I want and I don't know what I
want, but he knows what I want.
Mr. Rodriguez: Yes, they have to tell him. The clarify the...
Mr. Maxwell: Mr. Mayor, if I may clarify another point. You made a statement
that impact fees are mandated by state law. It's the requirement that you
cannot approve a development order without having an impact fee and...
Mayor Suarez: And you cannot collect a DRI impact fee either...
Mr. Maxwell: ... that's right, and require them to do it.
Mayor Suarez: ... if you don't have one that applies to all projects, right?
Mr. Maxwell: That's correct.
Mayor Suarez: That's what I meant.
Mr. Rodriguez% So now, in your impact fee directions, the exceptions that you
are talking about are single family residences, charitable non-profit and
moderate or low income housing applying to multi family. We're not excluding
duplexes. Is that clear?
Mayor Suarez: We may as well throw duplexes in here, otherwise there's not
going to be any "rational basis" and nobody's going to support that in...
Mr. Maxwell: And duplexes are, I think the inclusion of duplexes in the
original impact fee is what caused the problem.
Mayor Suarez: Yes, exactly, you'd better include duplexes in that. And I
just don't think we'll be able to withstand legal challenge if we all of a
sudden apply to duplexes and not - although there's not too many duplexes...
Mr. Rodriguez: I don't have my figures over here, I wish I have.
Mayor Suarez: That's duplexes that are affordable, right? That are, what,
low - what do we call it, what are we calling it? Low...
Mr. Rodriguez: Moderate and low income housing as defined by the...
Mayor Suarez: There is not that many that are duplexes unless they're built
by government which we've already exempted, have we not?
Mr. Maxwell: That's right, but that's not what caused the problem. It was
duplexes, period, that caused the problem.
Mayor Suarez: Right. I would exempt them, that's...
Mr. Rodriguez: You would exempt them?
Mayor Suarez: I would.
Mr. Rodriguez: All of them?
-` Mr. Dawkins (Off mike): They accepted all duplexes.
200 December 10, 1987
-i�
V
Mayor Suarez: Duplexes.
Mr. Plummer: Well, see, I have no problem. OK, look, I have no problem with
duplex if a man is going to live in it and his family, but if they're building
it for profit, just to build it and sell it, then I got a problem. They're
helping to create the impact, they should help to pick up the cost. Why
should they subsidize the man - why should the man next door with a single
family subsidize them? OK, I just don't think it's fair. If it's a man's
home, fine, it should be exempted.
Mayor Suarez: Well, if we're going to be looking and exploring the
possibility of exempting small projects, obviously a duplex would never come
under that threshold, so let them look at that with the anticipation that
we'll be able to come up with a rational threshold, otherwise this thing will
never fly anyhow.
Mr. Rodriguez: So, you're exempting it.
Mayor Suarez: OK. Are we voting on something on this? or is this just a...
Mr. Plummer: No, we're just giving staff instructions of what we think.
61. ACCEPT BID: JONES EQUIPMENT COMPANY, INC. (LEATHER HOLSTERS AND
MISCELLANEOUS ITEMS FOR DEPARTMENT OF POLICE).
Mayor Suarez: Last item on the regular agenda, we'll take a five minute
recess after that, is Athalie Range Park. Are we getting a report on this?
Mr. Odio: Yes, sir.
Mr. Plummer: We want to bring the holsters back up.
Mr. Odio: You want to do that first?
Mr. Plummer: Yes, give it to me.
Mr. Odio (Off mike): It's twenty-six thousand...
Mr. Plummer: I move, Mr. Mayor, the expenditure of $26,554.65 for the
holsters, the heavy duty belt and the magazine pouch. Which is what we had
told them to...
Mrs. Kennedy: This is just the holsters. I second.
Mr. Plummer: Staff holsters, duty holsters and the magazine pouches is which
we had told them for the twenty-six thousand, I so move.
Mr. Dawkins (Off mike): Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll before
anybody changes their mind.
201 December 10, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1151
A RESOLUTION ACCEPTING THE BID OF JONES EQUIPMENT CO.,
INC. FOR FURNISHING LEATHER HOLSTERS AND MISCELLANEOUS
ITEMS TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED
COST OF $26,554.65, ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT CAPITAL IMPROVEMENT BOND PROJECT NO.
312016, INDEX CODE NO. 299401-840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THESE ITEMS.
(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.
62. DIRECTION TO ADMINISTRATION: COMMISSIONER PLUMMER QUESTIONS THE
ADMINISTRATION IN CONNECTION WITH $550,000 WORTH OF EQUIPMENT TO JOE
ROBBIE FOR SALE OF BEER AT THE ORANGE BOWL.
Mayor Suarez: Last item of the regular agenda, 65; whatever it is, 66 rather.
Mr. Plummer: Oh, Mr. Mayor, I want to ask a question. Mr. Manager, would you
find out for me when Mr. Robbie sold beer in the Orange Bowl, he forced this
City to pick up five hundred or $555,000 worth of equipment to allow him to
sell beer. Part of them were the coolers, part of them were, I remember, two-
way radios, there were carts and all of that, that this City put out $550,000.
Mr. Odio: Yes.
Mr. Plummer: I want to know what happened to that equipment when he vacated
because the new man who is selling beer in the Orange Bowl tells me he had to
buy it all, all over again.
Mr. Odio: Well...
Mr. Plummer: I want to know what happened to that equipment.
Mr. Odio: Fine, I'll get a report.
Mr. Plummer: A half a million dollars worth of it.
Mr. Dawkins (Off mike): And if Joe Robbie took it with him, I want to be paid
for it.
Mr. Plummer: Hey.
202
December 10, 1987
63. DISCUSSION CONCERNING POSSIBLE FAILURE IN REPAYMENT OF MIAMI CAPITAL
LOANS - SHIFT RESPONSIBILITY BACK TO THE CITY OF MIAMI.
------------------------------------------------------------------------------
Mr. Odio: Mr. Mayor, we need a resolution. We just issued the first
loan -------- on the program of Model City and we need to pass this resolution
so that we can...
Mayor Suarez: What's the import of it or what's the wording or what do you
need passed?
Mr. Frank Castaneda: Basically, what we are doing is transferring back the
responsibility to the City of Miami to issue the checks directly and closing
the loans.
Mayor Suarez: OK, I'll entertain a motion to that effect.
Mrs. Kennedy: Run that by me again, I'm sorry, Frank.
Mr. Plummer: Does the administration recommend it?
Mr. Odio: Yes, sir.
Mayor Suarez: Yes, it's just a procedure for disbursement.
Mr. Odio: It's a procedural thing.
Mrs. Kennedy: Frank, what are you asking us to do exactly?
Mr. Castaneda: Basically...
Mr. Odio: Instead of Miami Capital issuing the checks, we'll do it.
Mr. Castaneda: Instead of Miami Capital will close and the City of Miami will
close with the - and authorize me as director to sign on the note.
Mr. Plummer: I don't think that's quite true now. What Miami Capital is
doing, and I don't blame them, they're absolving theirselves of any
responsibility if, in fact, these loans are not repaid. And the City is going
to be responsible for loans not paid, not Miami Capital and I don't blame them
a bit but that's, in fact, what is actually happening. They're making the
loans to the City, the City will issue the loan and they will not be
responsible for them.
Mr. Castaneda: We'll be the note holder and everything.
Mr. Odio: We'll be the -------
Mr. Plummer: The goat holder.
Mr. Castaneda: The note holder.
Mr. Plummer: Oh. I think the other one was more correct.
Mr. Odio: We're willing to do it.
Mr. Pablo Cisneros: May I add something to this?
Mr. Odio (Off mike): No, but pero no, it's an important...
Mr. Cisneros: It is very important.
Mayor Suarez: No, wait, we're relieving you of responsibility so don't add
anything. Actually I thought the City was going to be doing all the
disbursing on this, that's the way I always understood it.
Mr. Plummer: The City didn't have the money. We got to get the money from
them to do it.
203
December 10, 1987
Mayor Suarez: I thought we'd done that by the prior action.
Mr. Plummer (Off mike): Don't hold your breath.....
64. ACKNOWLEDGE BRICKELL PARK SITE AS NON -SUITABLE FOR PARK PURPOSES -
INSTRUCT MANAGER TO REZONE AREA.
Mayor Suarez: Walter, do you want to tell us about that one while they caucus
over there?
Mr. Walter Pierce: Yes, Mr. Mayor, in November the Commission approved in
concept the swap of the sale of a City Park, Brickell Park on Brickell Avenue
and then us to consider acquiring the...
Mayor Suarez: It's a complex mechanism to effect...
Mr. Pierce: Right.
Mayor Suarez: ... a swap between those two properties.
Mr. Pierce: Absolutely.
Mayor Suarez: And you need...
Mr. Pierce: What we need from the Commission is direction to go ahead and
initiate the rezoning so that when we do the sale, we can get highest and best
price based on zoning that's compatible for the area.
■ Mr. Plummer: Rezoning of what?
Mayor Suarez: Rezoning of the park land.
Mr. Pierce: Right.
Mr. Plummer: Of what?
Mayor Suarez: Of the park that we would swap with the Brickell Point property
so we can get the highest valuation for it.
Mr. Plummer: Which park site?
Mayor Suarez: The one we're going to swap with Brickell Point.
Mr. Pierce: This is Mary Brickell Park on Brickell Avenue next to the Holiday
Inn.
Mr. Plummer: They told me they already had the appraisals and that it would
be at no cost to the City.
Mr. Pierce: No, zoning, zoning, zoning. We want to start the zoning process,
but we need the Commission's blessings to start that process. A simple motion
approving a resolution to that effect.
Mayor Suarez: We can obviously change...
Mr. Plummer: This is swapping the two properties?
Mr. Pierce: Yes.
Mayor Suarez: We can, obviously, change our minds on this process at any
point if we decide not to go through with this and keep it as park land if it
doesn't work out.
Mr. Pierce: Absolutely, all we're going to do is start the rezoning process.
Mayor Suarez: There's no vested rights to anybody because it's our own
property.
204 December 10, 1987
1 4
a
Mr. Pierce: Absolutely.
Mayor Suarez: All right. I'll entertain a motion to that effect.
Mrs. Kennedy: I move it.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded.
Mr. Plummer: Start the process, we might vote against it later.
Mayor Suarez: Any discussion? Call the roll. Yes, we can back out anytime.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1152
A RESOLUTION ACKNOWLEDGING THAT THE CITY -OWNED SITE,
KNOWN AS BRICKELL PARK, LOCATED AT 501 BRICKELL
AVENUE, IS NO LONGER SUITABLE FOR PARK PURPOSES;
AUTHORIZING THE CITY MANAGER TO TAKE THE NECESSARY
ACTION TO INITIATE STEPS LEADING TO A POSSIBLE
REZONING FOR THAT SITE TO THE SPI-5 MIXED USE ZONING
CLASSIFICATION.
(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.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: On the record, Mr. Kenzie.
the City any money?
Mr. Roy Kenzie: No, it is not.
This project is not going to cost
Mr. Plummer: This project, with the real estate, will stay in the name of the
City of Miami?
Mr. Kenzie: Yes, it will.
Mr. Plummer: The City of Miami at all times will have full control over that
real estate?
Mr. Kenzie: Right.
Mr. Plummer: OK, tell me now, what is the value of the property that we are
giving up and the property that we are acquiring? I'm assuming it's been
appraised.
Mr. Kenzie: The value of the property that you're giving up is $127.00 per
square foot. I can't discuss the value of - because we haven't gone through
the negotiations with the owner on the purchase or offer on the point in terms
of appraisals on that, but we have had two appraisals as required by law on
the park and the highest of the two is $127.00. And that was the base bid
price that is in the document on the street now.
205 December 10, 1987
Mr. Plummer: And this is going to have to go to the referendum. Correct?
Mr. Kenzie: No.
Mr. Plummer: Wait a minute, this is waterfront property, Madam City Attorney.
Mrs. Dougherty: Yes.
Mr. Plummer: This is waterfront property which is being sold. Doesn't it
have to go? There are no...
Mr. Kenzie: No, there's a condition within the charter amendment which we
discussed with the City Attorney and this project and proposal does not fall
under that.
Mrs. Dougherty: Yes, we made exemptions, certain exemptions; low and moderate
income housing, a project of another governmental agency which we
considered...
Mr. Plummer: This is not - no, no, excuse me, only one of these projects are
of a governmental agency. The second one is not.
Mrs. Dougherty: It's the implementation of a project for a governmental
agency and, therefore, we consider this swap to be exempt.
Mr. Plummer: OK, the final question I have, who is doing the negotiation?
Mr. Kenzie: We are. With staff, with the City, the DDA and we have also a
private - Doran Jason has agreed to assist us also.
Mr. Plummer: All right, let me tell you where I'm going to be looking, OK?
That property which the City is acquiring has little or no access.
Mr. Kenzie: Right.
Mr. Plummer: For that developer, that property is almost totally useless. He
is swapping because he is going to get another piece of property which has
full access.
Mr. Kenzie: We're not actually swapping and we may or may not bid on the
other piece. What we have to do by law is we have to go out and offer Mary
Brickell Park for sale to the highest bidder, whomever bids and we allow the
person to bid either land and money or money. And then, we will use the
proceeds from that sale to acquire the point property.
Mr. Plummer: Well, I'm telling you that as I know the two parcels...
Mr. Kenzie: And the point property is worth less than the park property.
Mr. Plummer: So there's going to have to be some money given to the City.
Mr. Kenzie: And the differential will be used to develop the park.
Mr. De Yurre: Aren't there covenants with that land running that you can't
sell the park?
Mr. Plummer: No.
Mr. Kenzie: No.
Mrs. Dougherty: Yes, there is a covenant on the Mary Brickell Park.
Mr. Kenzie: Yes, but we've gone through those issues and resolved those
issues in terms of the ability to go ahead and there's a quiet title suit now
in process.
Mrs. Dougherty: Well, you authorized at the last Commission meeting, the City
to quiet title those reverter provisions, and that's what we're doing now.
Mr. Plummer: You know, the Mary Brickell property, as I remember, is much
larger than the other property. OK?
4
Mr. Kenzie: Yes, it's about 10,000 square feet larger.
Mr. Plummer: And, as I know it, the Mary Brickell property has total access
where the Brickell Point Apartments right now you couldn't build anything and
sell because of the access to it. I mean, it's ridiculous.
Mr. Kenzie: One of the reasons the appraisals fell differently on the two
properties because of that reason.
Mr. Plummer: Would you send me a copy of all of the appraisals, please?
- Mr. Kenzie: Yes, we will.
Mr. Plummer: I vote yes.
Mr. De Yurre: So, we're talking now that...
Ms. Hirai: Finishing the roll call, Mayor Suarez.
Mayor Suarez: Yes.
Mrs. Kennedy: I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mr. De Yurre: I'd like to ask you, we could actually then sell the property
without having to swap anything.
Mrs. Dougherty: Yes.
Mr. Kenzie: Yes.
® Mr. De Yurre: All right. OK.
Mayor Suarez: Yes, but certain environmentalists and other people concerned
about having enough park land next to the water would scream bloody murder if
this was not accomplished as a double transaction, including...
Mr. Kenzie: The whole reason why we have this support in the project from the
= Brickell Area Association and Brenda Harriston is here and from other people
in the area, is that end product will produce a much better park and with much
more water access for the Brickell area than the park that is there now and by
doing what we're doing, we're able to...
Mayor Suarez: Yes, we can't lose overall park land right next to the water.
Mr. De Yurre: Who is going to be going to that park?
Mr. Kenzie: Everyone who works in the Brickell area and in downtown. It is
right at the mouth of the Miami River accessible to both area...
Mr. De Yurre: Well, what are we spending $30,000,000 for at Bayfront?
Mr. Kenzie: Because, you know, Bayfront is in the core of downtown. This is
the park to serve the Brickell Avenue area.
Mr. De Yurre: Ah, there's a difference then.
Mr. Kenzie: Yes.
207 December 10, 1987
------------------------------------------------------------------------------
65. ENDORSE IN PRINCIPLE CONSTRUCTION OF OLYMPIC SIZE SWIMMING POOLS AT (A)
ATHALIE RANGE PARK, (B) CHARLES HADLEY PARK, AND (C) GRAPELAND PARK -
REQUEST MANAGER'S RECOMMENDATION.
Mayor Suarez: OK, the roll call is complete on that one. What is the other
item that we have pending before the recess?
Mr. Dawkins: Come up here.
Ms. Lori Weldon: Sixty-six.
Mayor Suarez: You have been sitting here all day, being good and quiet, and
now on item 66, you get up?
Ms. Lori Weldon: That's right.
Mayor Suarez: But you are not asking for anything?
Ms. Lori Weldon: Oh, yes I am.
Mayor Suarez: Lori, you are not asking for anything on the last item.
Ms. Lori Weldon: Just a mere $4,500,0001
Mr. Dawkins: For what?
Ms. Weldon: For a new pool, just a mere...
Mrs. Kennedy; Four million dollars?
Ms. Weldon: Now, Commissioner Kennedy, I can't see how you can an
explanation mark at $4,500,000 when you are spending over thirty in Bayfront.
Mayor Suarez: I should have known that at some point in the day, you would
get up to the mike and ask for some small sum like $4,500,000.
Ms. Weldon: You think I endured all of this for nothing?
Mr. Dawkins: Somebody over there tell me what the cost of a pool will cost?
Mr. Odio: It depends on the options, but we can build a pool for $2,500,000.
It will be $2,500,000... a $2,500,000 pool will be a...
Mr. Dawkins: Will it look like and be like Jose Marti?
Mr. Al Howard: No, a $2,500,000 pool would be an olympic pool with all the
amenities. That would be the beginning of a sports complex, but you can build
a regulation pool...
Mr. Dawkins: I move that the Manager find money for that pool, and for one
olympic pool at Hadley Park and sell any land you got to sell to get it.
Mr. Plummer: Say that again?
Mr. Dawkins: I move that we build a...
Mayor Suarez: Moved once, moved twice, moved three times. I move that we
build an olympic sized pool at Hadley Park, Hadley pool, and Range pool, and
that we have... what is that? - the Dallas House...
Mr. Odio: The Watson Building.
Mr. Dawkins: Watson Building, and two or three pieces of other parcels of
land that we have to sell, so that we can build these two parks.
Mayor Suarez: I modify the motion and include Wainwright Park, my backyard,
all the parks...
208 December 10, 1987
Mr. Dawkins% Do you want an olympic sized pool in Wainwood, or just a regular
sized pool? I need to know what you want.
Mayor Suarez: In Wainwright Park, no - yes, olympic sized, for a couple of
million bucks.
Mr. Dawkins: OK, then we have to sell two more pieces of property, have no
problems with that.
Mayor Suarez: This building right here and...
Mr. Plummer: (OFF MIKE) Don't you get near housing your house.
Mr. Dawkins: See, I have no problems with it. Getting back to what I say,
you guys, you all found bathrooms, you all just found parking, so now let's
find some money for a pool, I've got no problem.
Mrs. Kennedy: Second.
Mr. Dawkins: And like in... we will go through...
Mayor Suarez: I take back all the amendments to his motion. I didn't know he
was making it seriously.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: Yes, we have got to find the money. We've got to build these
pools, I mean... that pool is shameful, I mean, that is one, and the other
one is just as bad, so...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: Building your pools.
Mayor Suarez: How much is the Range Park pool supposed to cost?
Mr. Dawkins: About 2.5.
Mr. Odio: About 2.5
Mr. Howard: $2,500,000.
Mayor Suarez: All of Jose Marti Park, all of the park, cost $4,500,000,
$5,000,000. Are you sure you have to spend $2,500,000?
Mr. Howard: Jose Marti was $1,500,000.
Mayor Suarez: The pool?
Mr. Howard: Yes.
Mrs. Kennedy: The pool but, not the whole park.
Mr. Howard: Not the whole park.
Mr. Dawkins: No, the whole park, yes, pool.
Mayor Suarez: That is what I am saying now.
if I remember correctly.
Mr. Howard: $4,800,000.
Mayor Suarez: $4,800,000.
Mr. Dawkins: Yes, the pool was...
The entire park cost $4,500,000,
Mayor Suarez: $1,500,000. Why is this one $2,500,000? Why is it going up
from 1.5...
Mr. Dawkins: Olympic sized.
Id 209 December 10, 1987
Mr. Howard: This is an olympic sized pool. This is a complete pool, with all
of the amenities, with larger locker rooms and everything else.
Mayor Suarez: So, do you have $2,500,000 for this?
Mr. Howard: We are recommending it...
Mayor Suarez: In your private bank account, or anywhere else?
Mr. Odio: No, we don't have the money, Mr. Mayor. We can sell a property
like the Watson building, which we need to dispose of and apply it to...
Mayor Suarez: I'll entertain a motion that we proceed to enter negotiations
to sell it.
Mr. Dawkins: Locate the funds.
Mayor Suarez: Exactly.
Mr. Plummer: We have already done that, and that was earmarked, Mr. Mayor.
Mayor Suarez: For what? What was that earmarked for?
Mr. Plummer: What we were trying to do, is to sell it to the Federal
government in return for the Naval facility here on Bayshore Drive.
Mayor Suarez: Which costs about ten times as much right?... or 20?
Mr. Plummer: (OFF MIKE) yes, but we were trying to use that as part of the
negotiations, to acquire this thing here.
Mayor Suarez: All right, what are we doing on this item so we can get on
Planning & Zoning?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Yes, we want to continue the divestiture concept and have the
Manager recommend to us all the things we can sell that are not being used,
and apply it to something as important as this pool.
Mr. Odio: I'll come back to you, and we'll see if we can have it built by
next summer, hopefully.
Mrs. Kennedy: Great.
Mayor Suarez: OK? I entertain that in the form of a motion, in principle,
obviously, none of the details, none of the amounts. Moved. Do we have a
second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-1153
A MOTION ENDORSING IN PRINCIPLE THE BUILDING OF AN
OLYMPIC SIZE SWIMMING POOL AT ATHALIE RANG PARK, AT
CHARLES HADLEY PARK AND AT GRAPELAND PARK; FURTHER
INSTRUCTING THE CITY MANAGER TO REVIEW THIS MATTER AND
_ COME BACK WITH A RECOMMENDATION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
ld 210 December 10, 1987
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.
Ms. Weldon: And in principle, if you find the money, you are saying that the
pool will be built by next summer?
Mayor Suarez: I am not saying that. I think I heard... I think I heard...
who did I hear say that?
Mr. Jack Eads: Cesar.
Mrs. Kennedy: Yes, the Manager said that.
Mayor Suarez: I think I heard the Manager say it.
Mr. Plummer:
Ms. Weldon: Next summer?
Mr. Jack Eads: Try to build it.
Mr. Odio: We are going to try.
Mr. Dawkins: He said he would try.
Mr. Odio: I am going to try very hard to have it. Now, if something
happens...
Mayor Suarez: Are you still going... have you considered the whole issue of
the Miami Springs golf course and the divestiture concept? What was the
problem with the underground?
Mr. Odio: We are doing a study right now, that I hope to finalize with all
the properties that we have.
Mayor Suarez: OK, you are going to get back to us on all these properties?
Mr. Odio: Yes, sir.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 7:01
P.M. AND RECONVENED AT 7:29 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT.
------------------------------------------------------------------------------
66. DENY PROPOSED AMENDMENT TO COMPREHENSIVE NEIGHBORHOOD PLAN AT SOUTHSIDE
PARK TO CHANGE DESIGNATION TO GOVERNMENT INSTITUTIONAL USE AND ALSO DENY
PROPOSED ZONING CHANGE AT SAID PARK FROM PR TO 0-1.
Mrs. Kennedy: Let's take the Southside issue, because there is a lot of
kids...
Mayor Suarez: Yes, Planning and Zoning item, Southside, whatever it is, and
this is in deference to the fact that we have you children, not because it is
anybody's pet project. We have always had a policy of doing that, Brenda.
Yes, Guillermo.
Mrs. Kennedy: Guillermo, what item is that?
Mr. Olmedillo: PL-31, 32 and 33.
Mr. Dawkins: 31.
Id 211 December 10, 1987
i
4
Mayor Suarez: What posture is this coming to us in? Is it your
recommendation? I don't even see La Liga Contra -cancer people.
Mr. Olmedillo: There was a resolution by you from the City Commission,
authorizing the City Manager to take the necessary action to initiate steps
leading to the possible rezoning of the site, and this is what the Planning
Department went ahead with.
Mayor Suarez: Didn't we also take action asking the Manager to look for other
properties that would make more sense for the facility in question than this
one?
Mr. Olmedillo: There is a companion item, which is 33, which has a
recommendation by the PAB, and I think Sergio Rodriguez from the Planning
Department would like to address that.
Mayor Suarez: Regarding alternative sites?
Mr. Olmedillo: Yes, sir.
Mayor Suarez: OK.
Mr. Plummer: Are you prepared to talk to other sites.
Mr. Rodriguez: PZ-33. The Planning Advisory Board, when they took an action
on this, recommending against it, unanimously, they recommended to the
Commission that they look at another site. They mentioned specifically the
City owned site at the demolished Highland Park School, at 7th Avenue and llth
Street, across from the Metro station. I have here, if I may show you...
Mayor Suarez: Is that it?
Mrs. Kennedy: Near Jackson.
Mr. Plummer: Well, I guess the logical question, Sergio, have you talked over
with the people from the League of Cancer?
Mayor Suarez: Have you talked to - with anyone from the association?
Mr. Rodriguez: Remember that under your RFP procedures, you cannot give it to
them. I mean, this is a whole RFP process that will require to get the best
bid and so on.
Mr. Plummer: Understood, but did you discuss with the League?
Mr. Rodriguez: Now, we felt that legally we shouldn't be compromising the
position that you have. I don't think we can do that. We are taking an
action...
Mayor Suarez: But, if it is an action that's instigated by them, at least we
should know that they would be one of the ones interested in this, and we are
not precluded from doing that, are we?
Mrs. Kennedy: As a courtesy thing.
Mr. Rodriguez: I don't think I should do it, that is what I am saying, so my
position in recommending against this and, I mean, the other site, and
recommending for possible location in this site, that I shouldn't be doing
that.
Mr. Plummer: Oh, I see what you mean, yes.
Mr. Walter Pierce: Mr. Mayor, Sergio is correct, because you are dealing with
zoning. You are dealing with a strictly legal process...
Mayor Suarez: Oh, the zoning aspect of it.
Mr. Pierce: And you are dealing with something else over there, and if you
mix the two, and you've got some opposition somewhere along, you don't want to
confuse those two issues.
Mayor Suarez: What's the zoning item that we are supposed to decide today?
1d
212 December 10, 1987
Mr. Rodriguez: PZ-31 and PZ-32 are change of zoning to take away the parks
designation and convert it into an office.
Mayor Suarez: For Southside?
Mr. Rodriguez: For Southside Park.
Mayor Suarez: I could allow you to make that presentation, certainly, if any
Commissioner wants to hear it, but I don't know anybody who wants to vote for
- that, at this point.
Mr. Plummer: Well, Mr. Mayor, I still think that what we ought to do is try
to pursue this other to see if they are interested.
Mayor Suarez: You've got it! We can even just table that, if you want, or
defer, or whatever you want to do with it.
- Mr. Rodriguez: In relation to the other site, the one that I showed to you...
Mayor Suarez: Right, right. I mean, I don't want to preempt anybody here
saying anything contrary to that. I just know how I feel about it.
Mr. Dawkins: I think you have got two fellows over here who will let you know
if we disagree. Go right ahead.
Mr. Rodriguez: If you deny 31 and 32, we don't have to proceed with any
presentation, and that's all that we have to do.
Mr. De Yurre: OK, I am ready to move to deny.
Mayor Suarez: OK, that's even better.
Mr. Dawkins: Second.
Mayor Suarez: Moved to deny, moved and seconded. Any discussion? Call the
roll.
Mrs. Kennedy: To deny the site to the La Liga, right?
Mayor Suarez: The rezoning of...
Mr. Rodriguez: The rezoning and the plan amendment. Plan amendment is 31.
32 is the rezoning.
Mayor Suarez: Oh, Southside Park.
Mr. Dawkins: And the recommendation of staff is denial?
Mr. Rodriguez: Yes, sir.
Mayor Suarez: And then we could take up a motion from Commissioner Plummer,
or whoever wants to, to continue the process on the other site.
Mr. Dawkins: We didn't vote on this one, yet.
Mayor Suarez: Right, I mean after that.
Mr. Plummer: You mean, you are talking about 33.
Mrs. Kennedy: No, about 31.
Mayor Suarez: I don't know the numbers at this point. I just...
Mr. De Yurre: You are talking about Southside Park.
Mayor Suarez: You tell me the numbers.
Mr. Rodriguez: 31.
Mr. Pierce: PZ-31 is the item that would have...
ld 213 December 10, 1987
Mr. Rodriguez: Plan amendment.
Mr. Pierce: ... amended the comprehensive plan. PZ-31 is the comprehensive
plan amendment item for Southside Park.
Mayor Suarez: Can we take both planning and zoning items together?
Mr. Rodriguez: Yes, 32 is the...
Mr. Pierce: ... actual zoning change.
Mayor Suarez: And that was your motion?
Mr. De Yurre: Motion to deny.
Mayor Suarez: Moved. We have a second on both?
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Pierce: It is two separate votes.
Mayor Suarez: One day we are going to sit down and agree on whether they have
to be separate or not. I can't imagine why they would have to be separate.
The County makes, and other jurisdictions make all kinds of joint motions.
Anyhow, OK, do one please, 31.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 87-1154
A MOTION DENYING PROPOSED AMENDMENT TO COMPREHENSIVE
NEIGHBORHOOD PLAN AT SOUTHSIDE PARK TO CHANGE
DESIGNATION TO GOVERNMENT/INSTITUTIONAL USE.
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.
COMMENTS MADE DURING ROLL CALL:
Mrs. Kennedy: Let the record reflect thAt I voted for approval the first
time. I have since met with PTA members and they have convinced me that the
park is being used for the children, and so I vote yes.
(APPLAUSE)
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: I agree with her speechl You want to applaud for me tool How
come she always get's all the applause, it is ridiculous. OK, second motion.
Mr. De Yurre: Move 32.
Mr. Dawkins: Second.
Mayor Suarez: Move to deny 32. It is seconded. Call the roll.
Id 214 December 10, 1987
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 87-1155
A MOTION DENYING PROPOSED ZONING CHANGE AT SOUTHSIDE
PARK FROM PR TO 0-I.
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: Now these two guys made the motions and seconded it, so applaud
for them too nowl
(APPLAUSE)
Mayor Suarez: Now go awayl Good-byl
Mrs. Kennedy: Good -by, enjoyl
67. REQUEST ADMINISTRATION TO LOOK FOR AN ALTERNATIVE SITE OTHER THAN
SOUTHSIDE PARK FOR THE LA LIGA CONTRA EL CANCER TO BUILD AN ONCOLOGY
CENTER.
Mr. Plummer: I think we need to pursue PZ-33, Mr. Mayor.
Mayor Suarez: 33, is the... what would be the appropriate action to take,
Commissioner Plummer? - you were suggesting one.
Mr. Plummer: I would suggest that the Manager call them and ask them if they
would like to pursue 33.
Mrs. Kennedy: I agree.
Mr. Plummer: And I so move.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll.
Mr. Plummer: Well, let me ask this question. Is it zoned properly?
Mr. Rodriguez: It has the right zoning. The intensity might not be enough.
That is why we have to find out exactly the needs they have.
Mr. Plummer: But, you are not going to deny it?
Mayor Suarez: Why do you say the intensity would not be enough, under what
classification?
Mr. Rodriguez: Because it shows a sector four intensity and they might need
more for the amount of development they have. I don't know exactly how much
they want to develop, because we... our recommendation has nothing to
do with a request from anybody.
Mayor Suarez: Yes, and as Commissioner Plummer indicating, it doesn't sound
like anything traumatic. The neighbors would not oppose, or anything like
that, there would be something better than what is there.
Id 215 December 10, 1987
i
Mr. Rodriguez: The area was recommended for an increase of intensity and —
commercial use in the transportation traffic study that was done before.
Mayor Suarez: We have a motion and a second?
Ms. Kennedy: Yes.
Mr. Plummer: I made the motion.
Mrs. Kennedy: I seconded.
Mayor Suarez: It has been seconded. Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1156
A MOTION REQUESTING THAT THE ADMINISTRATION TOOK FOR A
SITE OTHER THAN THE SOUTHSIDE PARK FOR LA LIGA CONTRA
EL CANCER TO BUILD AN ONCOLOGY CENTER.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: I want to vote "no", and I am going to vote "no" because I
think what is going to prevent some other worthy entity from coming here and
asking for property and...
Mayor Suarez: This is going out for bids.
Mr. De Yurre: Well, that is what I am saying, why...
Mayor Suarez: Other ones can bid.
Mr. Plummer: Oh, it had to go to bid.
Mr. De Yurre: It always has to go to bid, so, you know, I just don't see the
sense in the process. First of all, Southside, because it was right next to a
Metrorail station, and now, I feel that should have killed it right there. We
just can't give it, and that is it, or we are not giving it, but now we are
proceeding and I think getting deeper into a situation that we have no need to
get into, so I am voting "no."
68. ORDINANCE 9500
ATLAS CHANGE
FOR PROPERTY GENERALLY
BOUNDED BY COCOANUT
AVE., VIRGINIA
STREET AND SW
27TH AVE., FROM R6-1/3
TO RG-2/5.
Mr. Olmedillo: PZ-2.
Mrs. Kennedy: PZ-2 is second reading. I moved it the first time, I move it
again.
Mayor Suarez: Moved to approve PZ-2. Moved, do we have a second on second
reading?
Mr. Plummer: Second.
ld 216 December 10, 1987
Mayor Suarez: Seconded. Any discussion? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM RG-1/3 TO RG-
2/5 FOR THE AREA GENERALLY BOUNDED BY COCOANUT AVENUE
ON THE SOUTH; A LINE PARALLEL TO VIRGINIA STREET AND
LOCATED APPROXIMATELY 150 FEET EAST OF IT ON THE WEST;
A LINE PARALLEL TO COCOANUT AVENUE AND LOCATED 150
FEET NORTH OF IT ON THE NORTH; AND A LINE PARALLEL TO
SOUTHWEST 27TH AVENUE AND LOCATED APPROXIMATELY 150
FEET WEST OF IT ON THE EAST; MAKING FINDINGS; AND BY
MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 42 OF THE
ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 2, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10356.
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: Before we take any more action, and retroactively, let me
announce that we have been just been reconvened into the Planning & Zoning
agenda. That's what we have been doing for the last what, three or four
items? Now, Mr. City Attorney, what else need I say?... so we will be
properly... is he being overly technical, or is it just an idea of mine?
Mr. Clark: No, no, at the time of the announcement of your five minute
recess, we were still in your first regular meeting for this month. What you
should do is go ahead and reconvene that meeting and then adjourn it, so that
you can begin...
Mayor Suarez: And I can do that just by announcing, right?
Mr. Clark: Yes.
Mayor Suarez: We have reconvened... well, before, let's reconvene the general
meeting and finish that item then.
Mr. Pierce: Yes, thank you.
Mayor Suarez: That's what you were going to tell me. You see? I'm one step
ahead of somebody around here.
ld 217 December 10, 1987
69. A. DIRECT CITY MANAGER TO REVIEW LOANS COMING FROM MIAMI CAPITAL
DEVELOPMENT, INC. TO MODEL CITIES MERCHANTS AND REPORT BACK TO THE
COMMISSION ON THOSE LOANS DEEMED UNSURVIVABLE. B. INVITE LOAN COMMITTEE
MEMBERS WHO PROCESS LOANS FOR MODEL CITIES MERCHANTS TO ATTEND
COMMISSION MEETING SCHEDULED FOR JANUARY, AND TO EXPLAIN LOAN CRITERIA
FOR GRANTING OF LOANS.
Mayor Suarez: OK, what was the item? It was the approval of the City being a
disbursing agent for the emergency loan program?
Mr. Castaneda: Right, basically those will be in the name of the City and
the director of Community Development would be instructed to prepare the note
and so forth as the Model City loan committee approves.
Mayor Suarez: So moved. Commissioner Kennedy, you moved it?
Mrs. Kennedy: Yes, I did.
Mr. Pablo Cisneros: May I say something, Mr. Mayor? Commissioners, I have no
problem with the resolution the way it reads, except in section one of the end
of the paragraph, where it reads, "to the newly created MCBI City-wide small
_= business development pilot program." I would like to have that changed to
read: "to be used as contracted in July of 1987." The reason for that is, I
_ don't think at this time that we have the Model City problem going on, and we
still don't know the results of that. We would like to wait until June of
this year.
Mayor Suarez: From the look of concern on your face, and how I know it is
affecting your ulcer, I will do whatever modifications you want at this point.
I know you are extremely concerned about this program and the Commission wants
to try it, so yes. Is that accepted?
Mr. Plummer: As amended.
Mayor Suarez: Moved and seconded as amended.
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner De Yurre.
Mr. De Yurre: I was talking to the gentlemen a few minutes ago, and he was
expressing a concern that certainly became a concern of mine immediately, and
I would like him to repeat to this Commission what he told me, especially
about that loan that was approved for $50,000 to a Mr. Quinn, because I want
to know if these are loans, or if we are just giving money away, just like
that, not expecting a return of the money.
Mr. Cisneros: Well, I shouldn't be the one that really explains that.
Mayor Suarez: Well, yes, I was going to say, you really... I know you are
helping the process out and giving all kinds of opinions with your banker's
mentality and all that, but really, was that your charge, to even be reviewing
these, or were you doing it just because you wanted to help, or what was the
story here? Who was supposed...
Mr. Cisneros: I've been helping along and providing guidance, but you know...
Mayor Suarez: What does the staff, or the City, or yourself, want to tell us
about this particular loan?
Mr. Castaneda: Basically, Commissioners, as you are aware, we have a
screening committee, Model City's screening committee, and we have a loan
committee, which was basically, you recommended five members of which they
were appointed by Martin Luther King. Their job is to make the decision as to
give out the loan. Our job is basically to make sure the loan is suitable the
way it is. I do not know exactly what the conversation of the director of
Miami Capitol was, but on last Wednesday, we had a problem closing and when
that was that we were able to determine that there was an old debt, that they
ld 218 December 10, 1987
owned seven months back to Tacolcy Economic Development Corporation, and that
they were moving for them to foreclose, not foreclose, not to foreclose, but
basically to kick them out of the place._ We basically took action to make
sure that was paid and that was made as a condition of the loan, and we have
assurances that they will not...
Mayor Suarez: But, the fact that their rent was due was not disclosed in the
application.
Mr. Castaneda: It was not disclosed, so we took it back to the board and we
ask to ratify the loan with that new fact being given.
Mayor Suarez: I saw the form, because I think Wally Lee is the one that
showed it to me, and the fact that they had not disclosed the number of months
rent that they were behind, to me was not responsive to the question that was
on the forms. For myself, I was satisfied that there was no shenanigans
there, but anyhow, whatever... in any way you look at it, they were behind
seven months in their rent, which means they were not in the best of
circumstances. If they had been in the best of circumstances, they probably
wouldn't be applying for this.
Mr. Castaneda: You know, the way that I see our job is to make sure that
somebody is not moving into foreclosure. If they are in arrears in some
debts, there has to be an arrangement with the debtor, and in some cases, the
debtor is the IRS. In the case of Quinn again, the debtor is the IRS. Sales
taxes are on arrears as well. If we give the money, and obviously there is
some moving, and somebody is moving into foreclosure, obviously we lose the
money, so obviously we have to make sure that at least...
Mayor Suarez: How much money does he owe the IRS?
Mr. Castaneda: About $20,000.
Mayor Suarez: Is he paying that in installments or does have an arrangement
with the IRS?
Mr. Castaneda: An arrangement of I believe, $450 a month, plus additional...
Mayor Suarez: That was contemplated in the application form, that kind of
thing.
Mr. Castaneda: That was not, and that is one of the reasons that I sat down
with the board, to make sure that all of these things...
Mayor Suarez: The application form had a question that said, "Do you have any
debts, and have you worked out an arrangement..." and all that kind of stuff.
Mr. Castaneda: No, no, it said if you had any debts, but no, the point that I
making was that loan was approved by the loan committee prior to any
arrangement with the IRS. It was conditioned on an arrangement with the IRS,
but so far then, what that's creating is the problem in the time constraint,
as they are saying "Hey, you know, the Commission..."
Mayor Suarez: Are you now sure that the arrangement has been made with the
IRS then?
Mr. Castaneda: Yes, I have a signed document from the IRS saying that there
is an arrangement.
Mr. De Yurre: According to the information they gave me, there are also a
number of judgements against this individual.
Mr. Castaneda: The basic judgement that we have been able to find were the
IRS, the sales tax, and the rent, the back rent.
Mr. De Yurre: And the what?
Mayor Suarez: The eviction.
Mr. Dawkins: What also do you need?
Mr. Castaneda: And the back rent.
Id 219
December 10, 1987
Mr. De Yurre: Is that... Mr. Cisneros, anything else? Is that what you told
me, or was there somebody else?
Mayor Suarez: Did he owe alimony too?
Mr. Cisneros: Well, there is another problem there.
Mr. De Yurre: And child support.
Mayor Suarez: Child support?
Mr. Plummer: Well, you know, I don't think... I've got to put on the record,
I don't think this program was ever designed to take people out of debt. This
was to give people the opportunity to stock their stores and bring them up to
snuff so that they could be in the viable mainstream. Now, let me tell you,
if you are going to take and give this guy $20,000 to pay off Internal
Revenue, what is he going to have left to operate his store? He is going to
be eventually, very quickly, back into the same problem again.
Mr. Castaneda: That's correct, Commissioner, and we are not permitting the
payment of debt to be an expenditure under this thing, and we are asking for
arrangements. In the case of the back rent, we had to permit, and it was
limited to that $7,000, because the thing was just so out of whack. In the
case of IRS, there is an agreement of $400 a month. In case of Teltec, there
is a comparable agreement. You know, these are very poor loans. When we went
into this and I guess this is the problem that Pablo Cisneros is having and in
a Citywide program it would be very difficult to manage in a Citywide program,
providing the group with the necessary technical assistance. You know, some
of these businesses do not have checking accounts, very few accept credit
cards, if any. We are looking at businesses at a very low stratem I guess you
would say.
Mr. De Yurre: And he also has no collateral for this loan, right?
Mr. Castaneda: There is no collateral, basically on the loan.
Mr. De Yurre: Where can I apply for one of these?
Mr. Plummer: Instead of building a home in Grove, just build it in Model
City.
Mr. De Yurre: Might as well, I guess.
Mr. Dawkins: That's a lie. I've got one in Model City and I don't qualify,
so don't go for that. Don't go for that!
Mayor Suarez: You might qualify, but we sure are not going to approve you!
Mr. De Yurre: Do we have a management control over the $50,000?
Mr. Castaneda: Well, in the...
Mr. Dawkins: Hold it, I mean, I was out of the room. You mean to tell me
that with this kind of a background, you are still loaning money?
Mr. Castaneda: We are not approving the loans. The loans are being
approved...
Mr. Dawkins: Well no, are you going to approve it?
Mr. De Yurre: It's been approved.
Mr. Castaneda: We are not approving it, they are being approved by the loan
committee created by Martin Luther King Economic Development Corporation,
where people that...
Mr. Dawkins: But, what is the City of Miami going to do?
Mr. Castaneda: What we are going to do is to put control, in order to control
the game.
Id 220 December 10, 1987
0
11
Mr. Dawkins: So in other words, with that track record...
Mr. Castaneda: But, we are not rejecting... we are not overriding the
position of the loan committee.
Mr. Dawkins: Beg your pardon? Why? What do you think we put you there for?
Why do you think you are the last... no, wait a minute. Let's back up. Back
up again. You mean to tell me, with a track record such as that, OK?... now
you are going to turn around and loan this individual money just to bail
himself of debt, and he has no stock on the shelf. He has no operational
cash, no cash flow, I mean...!
Mayor Suarez: No, no, he has all that.
Mr. Dawkins: Well, the way...
Mayor Suarez: No, he has an operating store. How many years has he been
operating?
Mr. Castaneda: He has been in operation I believe for about five years, no?
Mayor Suarez: Yes, and he had a pretty good...
Mr. Dawkins: Does he have operational cash?... cash flow?
Mr. Castaneda: Commissioner, I would be lying to you if I would tell you that
this business is above merely barely surviving at a level...
Mr. Dawkins: I know they are marginal, and we intend to help them, but it's a
threshold here that we can't go below.
Mr. Plummer: What is his assets?
Mayor Suarez: Zero.
Mr. Castaneda: I think in the last income tax he reported a negative...
Mr. De Yurre: His assets are seven months back rentl
Mr. Odio: Commissioner, I have been hearing the discussion up there and we
are forgetting that when this program was passed, it was precisely for
individuals of this type.
Mr. Dawkins: No, no, it was notl
Mr. Plummer: No, it never was to pay bad debts.
Mr. Castaneda: No...
Mr. Odio: They were to be cleared by the loan committee. They were...
Mr. Dawkins: No, no, nol
Mayor Suarez: But he is right that were not going to be looking at assets and
collateral, we were looking at how many years operation and the other factors,
you know.
Mr. Odio: That is exactly what this program was all about.
Mayor Suarez: Where there was a viable business and they were going to have a
business...
Mr. Dawkins: If you are going to make those kind of loans, I am ready to
reconsider and get all the flack I need in the Black community to dissolve
this program, because this does not make any sense in the world and it is
making a cripple out of Black people out there, telling them that you can get
by with nothing. You can do wrong and still prosper! No, nol OK, I'll tell
you what. Cancel this whole... I mean, put everything on a hold and I want to
have a rehearing, and if this is the kind of loans that you are going to make,
I take my vote back.
Mayor Suarez: Before you do that...
ld 221 December 10, 1987
Mrs. Kennedy: Well, we have to watch out for the City's interest, you know,
we are not the Salvation Army.
Mayor Suarez: ... who is Commissioner Dawkins' appointee to the loan
committee?
Mr. Dawkins: Mr. Ed Duffy.
Mayor Suarez: Has he been attending loan committee meetings?
Mr. Dawkins: Yes, is the chairperson.
Mayor Suarez: Did he approve this particular loan? You might want to give
instructions to your appointee.
Mr. Dawkins: I do not give instructions to any appointment I make to any
board. I feel they have the intelligence and the educational attainment to
make decisions on their own, that is why I appoint them. If I've got to give
directions to them...
Mayor Suarez: That's is how we felt about the entire board. That is why we
appointed them.
Mr. Dawkins: Mr. Mayor, I am just telling you what my feelings are. OK, I
wouldn't give a damn how he votes. My feeling is that I cannot sit here in
good conscience and take taxpayer's dollars and give it to a guy who has got
$7,000 worth of back rent and tell him, "Here pay this, you are a good guy,
pay your rent. You failed to pay the IRS and I had to pay them $27,000 last
year. Nobody gave me a damn thing to pay them. I had to pay them."
Mayor Suarez: Let me give the Commission another statistic. How many of the
applicants so far have been approved?... just so they know.
Mr. Odio: I believe the last time was four.
Mayor Suarez: Out of how many?
Mr. Odio: Out of 27?
Mr. Castaneda: Out of 27.
Mayor Suarez: Recommended by...?
Mr. Odio: By the board.
Mayor Suarez: By the screening committee.
Mr. Odio: By the loan committee.
Mr. Castaneda: The screening and board.
Mr. Odio: The screening and the board.
Mayor Suarez: How many total applications, whatever you want to call it,
inquiries, came to the screening committee as far as we know? Do we know?
Mr. Castaneda: I believe about 27 applications have been filled, which are in
some state.
Mr. Dawkins: And all 27 of them are this bad.
Mr. Castaneda: No.
Mayor Suarez: No, these are the best.
Mr. Odio: Well no, they were worse.
Mr. Dawkins: That is what I am saying.
Mr. Odio: No, no, these are the best. These are the first four that have
been approved.
Id 222 December 10, 1987
Mr. Plummer: These are the best of the 27?
Mayor Suarez: Surel The other 23 have been rejected.
Mr. Castaneda: The status of business in Model Cities is pretty - you know.
Mr. Dawkins: You know, here is a gentlemen, I couldn't care who he is, OK?
Mr. Odio: Well, wait...
Mr. Dawkins: How much debt does he have?
Mr. Castaneda: At least $50,000.
Mr. Dawkins: $50,0001
Mr. Plummer: And how much loan is he asking for?
Mr. Castaneda: $50,000, but I am telling you that the money, and he has to
proof of what the money is used for. I am keeping $10,000 and see how it is
going, you know...
Mr. Odio: Put it this way, we might save his business, and I think that was
the intention of this program.
Mr. Plummer: Predicated on his history, you are not.
Mr. De Yurre: Mr. Mayor, the only way that I could ever support a program
like this to help those that are in trouble is that we have complete control
of disbursements of the, you know, double signature type of thing, or... that
is under some management control.
Mayor Suarez: Have you thought about some... in accordance with Commissioner
De Yurre's suggestion, some kind of a disbursement control, other than saying
"X" amount in one shot, Frank, like double signatures, or someone from the
City that actually oversees the actual disbursements, even the smaller
amounts?
Mr. Plummer: He is telling you that most of them don't even have checking
accounts. Double signatures?
Mr. Odio: The idea was...
Mr. Castaneda: It is mainly a cash business.
Mr. Odio: ... to teach them, as I remember the approval of this committee was
to take money without any collateral, to lend the money without any collateral
and then to teach them how to run a business... that they will not disburse
funds...
Mr. Dawkins: No where did we say, to take a sinking ship without a bilge pump
and attempt to refloat it.
Mr. Odio: Well, Mr. Commissioner...
Mayor Suarez: Well, in line with the Commissioner's suggestions, and as long
as we are talking about teaching how to operate a business, can we get a
little bit more involved in the process to the extent... or a lot more
involved, of even handling the checking account and everything else?... like
we did, a little bit like we did with East Little Havana, or involve a bank
or...
Mr. Castaneda: You will find that they are...
Mayor Suarez: Not Miami Capital, because I know he has refused to get
involved in this.
Mr. Castaneda: You will find that a person that has been in that type of
business for a number of years, living at that level, for any matter, any
businessman would have serious problems with you trying to control his cash,
especially... you know, I would hate to give you the belief that we could do
Id 223 December 10, 1987
I*
that, because mainly it is a cash business. I would basically have to send
someone there controlling their cash.
Mayor Suarez: Frank, the Commission is not giving you a choice. Everybody is
_ saying here, I think I hear the consensus, that otherwise they are going to
cancel the program.
Mr. Castaneda: No but I am telling you that it is physically impossible
for...
Mrs. Kennedy: Yes, what he is saying is, it won't work.
Mayor Suarez: OK, do you want to have them make a recommendation on it at the
next Commission meeting, on whether we should cancel the whole program? - on
the basis that 27 applied, four were approved and the...
Mr. Castaneda: Nobody...
Mr. Odio: Before you talk about cancellations, the idea is a good one. We
take businesses that are in bad shape, because they don't know how to run a
business, or we get somebody that wants to start a business and help them
become self-sufficient. That was the idea behind this program.
Mr. De Yurre: How do you help them, sir?
Mr. Odio: By technical assistance. By having a direct control over the
business, except the checking account, by telling them exactly what he should
do. If he doesn't have a checking account, we teach him how to do it. If they
don't a bookkeeper, we teach him to how to keep the books. That's what I
thought...
Mayor Suarez: The account is also supposed to propose some...
Mr. Odio: I think it is a good investment to invest $300,000 and see if we
can save 10 businesses.
Mr. De Yurre: Well, the thing is it is a good investment if you have complete
control, because obviously, if he has been in business for five years and he
is in the hole, he can't run a business.
Mayor Suarez: Because he doesn't know how. What if we teach him how,
Commissioner.
Mr. De Yurre: But you can't teach him at the expense of turning over the cash
and saying, "OK, do "A", "B" and "C" from..."
Mayor Suarez: Did you see his old cash flow? Did you see a cash flow
analysis?
Mr. De Yurre: No, I haven't seen anything. I just heard...
Mayor Suarez: OK, if you get a chance, I would suggest you look at it,
because in fact his business is... the volume is growing. The margin of
profit is going down, if I remember correctly.
Mr. Odio: I think what he needs is inventory control, bookkeeping...
Mr. Plummer: That's the worse thing in the world.
Mr. Odio: Well, the idea was...
Mr. Plummer: He is doing more, but losing less, but he is doing less and
losing more.
Mr. Odio: No, no, you know, Commissioner, I think this is a good investment,
I really believe thoroughly that this could be a good investment.
Mayor Suarez: But, I do think the Commission wants to have more
supervision...
ld 224 December 10, 1987
11F 0
Mr. De Yurre: I'd like to make a motion that we don't give out... if we are
committed to these individuals with the loans, you know, if we can't do
anything to stop that, then we can't do it, however, I would move that no more
monies be approved for any loan until we review this whole process.
Mr. Odio: As you wish, Commissioner.
Mayor Suarez: So moved. Do we have a second? Do we have a second? You want
to try phrasing it in a different way, without stopping all the whole process,
Commissioner, and see if we can apply a little bit more monitoring punch to
the program?
Mr. De Yurre: What process do you allow then? You know, how are we going to
monitor? He says he can't monitor it. He doesn't have the manpower to do it.
So, either we change the name of the concept from loans to grants or
giveaways...
Mayor Suarez: Do you want to give him until the next Commission meeting to
make a recommendation as to how to give us more guarantee on the repayment of
these? Maybe the loan committee is being too liberal, I don't...
Mr. Dawkins: I'm not concerned about the repayment, OK?... because the
individuals who make the repayments are the ones we saved. I am concerned
_ about your telling me that here is an individual who has failed miserably and
you are going to reward him handsomely for having failed and continues to
fail. You see...
Mr. Plummer: You are wiping a slate clean.
Mr. Dawkins: Yes, sort of, you know... now, I for one did not vote for a
w
program to do this, OK?
Mayor Suarez: How do you want to modify it?
Mr. Odio: OK, what we can do, if I may suggest, we can be more restrictive
and we can be more restrictive, but I do not want to defeat on the first
loan... on the first loan, Commissioner Dawkins, that a loan committee of the
community, a screening committee from the community have worked very hard to
screen candidates and then the first one up, we just say, "No, you don't know
-- what you are doing."
Mr. De Yurre: I say at least you have to have control of that checkbook, at
least a double signature.
Mr. Odio: Well, we can...
Mr. Castaneda: Commissioners, there is no checkbook to control, in many
cases. I'm telling you r
,t
Mayor Suarez: Well, we set up an account, we set up a checkbook, Frank, I
mean...
Mr. Castaneda: Most of their business is cash. They do not accept credit
cards...
Mr. De Yurre: Well, how do you give them money, just turn over cash?... here
is a shoe box worth of cash?
l
Mayor Suarez: Frank, we can set up an account, obviously. We can set up an
! account. We are giving them the money, we can do it any way we want, so the
Commissioner's idea may be the only way to work it, but do you want to make a
motion that he recommend to us how to carry out this more careful monitoring?
Mr. Dawkins: You say you have four loans that have been approved?
-i Mr. Odio: By the committee, we have been sent four and this one was the first
one that we approved, that we give disbursements.
t
Mr. Castaneda: Right.
Mr. Odio: The other three are till...
ld 225 December 10, 1987
Mr. Plummer: Is this the bad one?
Mr. Castaneda: I'm sorry?
Mr. Plummer: Is this the one that is $50,000 in debt?
Mr. Odio: Mr. Quinn.
Mr. Castaneda: Vernon Quinn, Seven Star Fashions; the second loan is Uncle
Charlies'...
Mr. Plummer: How much is he in debt?
Mr. Castaneda: I believe it is $15,000, that is the grocery, no, the loan
request is $15,000.
Mr. Plummer: How much is he in debt?
Mr. Castaneda: I don't recall off hand, Commissioner.
Mr. Dawkins: What is the total requested by the four loan applications?
Mr. Castaneda: OK, Uncle Charlies' is $15,000. I believe that there is
another one for Popeye's, the franchise there. I don't recall exactly the
amount of money and there is another one.
Mr. Dawkins: Popeye's.
Mr. Castaneda: Popeye's.
Mr. Dawkins: Popeye's is not owned by no Black person.
Mr. Castaneda: It is an Anglo loan... we have not interfered, neither in the
screening committee, or the loan committee. I was requested by both
committees to stay away from them, that it was their thing, their show, and so
forth. They did not want me to attend the meetings. They made a
recommendation, which went from one committee to the loan committee. They
told me that this is the one that they had approved, and it was my job to try
to...
Mayor Suarez: The question was, what was the total amount, Frank? That was
the Commissioner's question, what was the total amount that the loan committee
has approved?... more or less, we are talking about...
Mr. Dawkins: $55,000, $65,000...
Mayor Suarez: $100,000?
Mr. Castaneda: $120,000, or something.
Mr. Dawkins: $125,000.
Mayor Suarez: That is what you wanted to know?
Mr. Dawkins: Madam City Attorney, we created this monster. Is there any way
that we could say that we created this as a pilot program to attempt to do
whatever we were attempting to do, and now that we have four applications, we
are going to stop everything here and work with these four, to see if the
program need modifications, if it needs to be addressed, if we need to write
new rules, or what?
Mr. Plummer: In other words, you want to gain in experience.
Mr. Dawkins: J. L., I don't know...
Mayor Suarez: This motion didn't go that far. His motion was to just stop
all loans until we could get a recommendation back from staff.
Mr. De Yurre: Well, I say that at least, you know, and when you are talking
that they don't have a checkbook, I mean that is quite disturbing that we
allow that to happen. I mean, like how do they cash.., how do you give them
the money and how do you give them the loan?
ld 226 December 10, 1987
t
l
-
Mr. Plummer: Ask IRS.
Mr. Castaneda: You know, they function basically in a completely pure cash
economy. Some of them do have checks books, but the number of transactions
—
through there are not great. Also, their suppliers expect cash on delivery
and they don't have credit with their suppliers, because they are considered
- risk by those suppliers.
s
- Mr. De Yurre: Well, I say at least you have to have a checkbook with double
signatures.
- Mr. Odio: Well, you see, Commissioner, that's the idea behind this program
and you know, I feel very strongly about it, because I think we can do a lot,
- if we can teach them how to run a business.
Mr. Dawkins: No, wait, wait a minute, stop right there. You and the Mayor
- have said three times, four times, or five times, that you feel very strongly
about this, and this is the way it had gone. It makes it sounds as if Rosario
Kennedy...
— Mr. Odio: No, no, no, I didn't say that.
_
Mr. Dawkins: Wait a minute! Let me finish. I want it in the record, OK? It
t
makes it sound as if Rosario Kennedy, Victor De Yurre, and Miller Dawkins are
not strongly for this, OK? So, now, if you don't want to say that the
Commission is behind this, then don't make it appear as if we are not..
Mr. Odio: No, I didn't say that, Commissioner. I did not say that at all.
What I am trying to say, is that because they don't have check books and
because they don't have bookkeeping...
Mr. Dawkins: By the way, I left J.L. Plummer, he is for it too.
Mr. Odio: ... OK, that this is... I think we have an obligation to try to
1=_
teach him how to run a business and I did not say you didn't believe that.
y
=_ Mr. De Yurre: Cesar, but you tell me we do have an obligation and I think it
is a worthwhile situation, but how can it be...
Mayor Suarez: Why are we arguing philosophy. Commissioner, everyone wants to
put on the breaks. How far do you want to put on the breaks? Would you make
a motion that...
Mr. De Yurre: Well, I made the motion and didn't get a second.
Mayor Suarez: You made one motion and it was not seconded. He is proposing
to go even further than that, that we stop the program all together. Now,
what does the Commission want to do on this program?
Mr. De Yurre: I think we have to reassess our procedure in this. You know,
because we are talking about helping them learn the process and certainly,
they are not even requiring a checkbook!
Mayor Suarez: What do you want to do to achieve that? Do you want to make a
motion that the staff come back to us with recommendations and in the meantime
that they don't make any loans?
Mr. De Yurre: At least that, and I would like to establish checkbooks with
ones that are being loaned the money with this...
Mayor Suarez: Sure, this...
Mr. Plummer: Victor, you are kidding yourself. What the hell good is it to
make them have a checkbook if they don't put the cash in the bank?
Mr. De Yurre: Well, you deposit the loan into the account.
Mayor Suarez: For our disbursement. There is nothing wrong with that!... for
our disbursement to at least...
id 227 December 10, 1967
Mr. Castaneda: That's true. No, right now, our disbursements are controlled
through purchase orders and I will not give money... I have complete control
of that, but what I am telling you is, that if you are saying that I have to
control their checkbook... one, very little money goes through that and b),
they basically function in a cash economy...
Mayor Suarez: No, he meant...
Mr. De Yurre: No, no, he has to deposit...
Mayor Suarez: He meant as to our funds, as to our funds.
Mr. De Yurre: The thing is, he has to... maybe it is a different mentality
than the one I am used to dealing in.
Mr. Castaneda: It is a different mentality.
Mr. De Yurre: Right?... but I will tell you, if he has a business to run and
he sells and he makes money, he has got to deposit in the account. Now, if he
doesn't put any money in, he doesn't get any more money from the City, that's
itl
Mr. Dawkins: No, this comes from doing things in haste, OK? Now, when this
came down here before this Commission, it came during the heat of the election
and we passed it, not as an election item, but as was said that we wanted to
do something in the community to assist the community economically. Now, I
have no problems with it, because I have made myself clear in the very
beginning, but there are individuals who will have a problem with it, when we
stop this program and they are going to say, "Now the election is over, you
lied to us again." Now, I have no problems with it, so therefore, because of
that, you may have to go on and live with this, but somewhere along the lines,
you have got to decide, fellow Commissioners, where the line is that you are
going to stop to reevaluate this, rethink it, and come up with an alternate
plan or a plan that will help it, because if you stop this now, all of us are
going to be blamed, and they are going to say that in the heat of the
election, you threw us a bone and now that the election is over, you are
taking it back.
Mr. Plummer: Miller, I don't recall at any time, even in the heat of
discussion in an election, which I was in, that it was ever intended, or
spelled out that these monies would be used to pay off previous debts.
Mr. Dawkins: I don't either, J.L., OK?... and if it had, nobody up here would
have voted for it, OK? But, the mere fact that we, and all of us are
responsible, allowed individuals to come down here and extract something like
!! this from us without some checks and balances, is our fault.
Mr. Plummer: Well, you know, I really have got to put it on the record. I
have no problem with the City... if it is Frank, or whoever it is, or the
Manager, having an override on those accounts which are doomed for destiny,
you know, from day one i Somebody has got to have a final authority. If in
fact we find that this screening committee and loan committee is making these
kinds of recommendations which have no chance in my estimation of survival,
there has got to be somebody above that loan committee who can make that
decision. Now, you know, I mean, it is fine to help a person who can be
helped, but to throw money, good money after a bad situation that does not
have a chance in the world of survival, to me is absolutely... that was never
ever the intent. The conversation here, these microphones was to allow
merchants to fix up their stores, to buy merchandise and to go into the proper
business. Most of them say, "Hey, we don't have the merchandise to sell,
because we can't buy."
Mayor Suarez: So, how do you propose to change it, or what motion do you want
to make to achieve that so we can get on with the rest of the planning and
zoning agenda?
Mr. Castaneda: You need to understand the reason they can't buy is that they
have no credit, or they have very poor credit.
Mr. Plummers But, that was what the money was supposed to be used for, to buy
merchandise to sell, to make the business more flourishing.
Id 228 December 10, 1987
l� M
Mayor Suarez: Frank, we've got to decide this thing! We've got a planning
and zoning agenda here. What do you want to do, do you want to stop all
loans? We had a motion to that effect. It didn't have a second. Do you want
to have them come back within ten days to satisfy you each Commissioner?
Otherwise, we stop all loans, or what do you want to do? Do you want them to
bring it back at the next Commission meeting?
Mr. Dawkins: I make a motion that at the January 14th meeting, the loan
committee come before this Commission and tell us on what basis they made
these loans.
Mayor Suarez: In the meantime, what do we do with any recommendations the
loan committee makes? It's not just recommendations, actually they approve
them.
Mr. Dawkins: Keep processing it.
Mayor Suarez:
OK.
Mr. Dawkins:
Keep processing them, that's all.
Mrs. Kennedy:
Yes, we can't stop the process, and I'll second that motion.
Mr. Plummer:
No, processing, obviously indicates no awards, just
process.
Mr. Castaneda:
No, once they finish...
Mayor Suarez:
Once they approve, we have to pay.
Mr. Plummer:
That isn't what he said, now.
Mayor Suarez:
That's what...
Mr. Plummer:
He said, "process," not...
Mr. Odio: We
made a commitment that from the time that the CPA
firm checked
them out, and
that loan approved, we would give him a check in 15
days.
Mr. Plummer:
How can a CPA firm check him out, if you don't even have the
information?
You don't have a checking account, you don't have
a ledger, you
don't have an
audit. How in the hell can they check him out?
Mr. Castaneda:
That has been the problem?
Mr. Odio: That has been the problem, yes.
Mr. Plummer:
What?
Mr. Odio: That was the problem.
Mr. Plummer: You've got to believe it is a problem!
Mr. Castaneda: I've lost a lot of hair during these last two weeks.
Mr. Plummer: No, you've got one hell of an education, I want to tell you.
Mr. Odio: I'm happy that we are discussing it, but...
Mr. Plummer: Would it be reasonable, Mr. Manager... would it be reasonable
that we have a motion from this Commission, that in any instance of a loan in
which the Administration deems not survivable, that they bring it to this
Commission, or that you have the right to review... you know, there has got to
be some control over those businesses who don't...
Mayor Suarez: Sure, you can just build that right into the motion right now.
We can apply that.
Mr. Plummer: ... have a ghost of a chance of surviving!
Mayor Suarez: In the meantime, I think Commissioner Dawkins' ideas of asking
the loan committee to come by here and explain to us why they approved these,
all the ones they have approved up to that moment is a good one too.
111 Id 229 December 10, 1987
Mr. Plummer: Well, let's do it this way. I'll make a motion at this time,
that any loans that are forthcoming to the Administration which they deem
absolutely impossible to survive, that they have the right to review and bring
before this Commission. Now, that is putting a hell of a monkey on your back,
because you are going to have to be making some determinations. We're
throwing the monkey right on your back.
Mr. Dawkins: What does the agreement that we signed with them say about such
a situation like this?
Mr. Castaneda: Basically, the...
Mayor Suarez: What the loan committee approves is it, right?
Mr. Odio: How can I guarantee that a business is going to survive? I mean...
Mayor Suarez: No, when it is clear to us, when in our discretion, it is not
going to survive, we veto it, that's what he saying. It doesn't say that if
we approve it we are sure it is going to survive. We don't...
Mr. Plummer: Cesar, let me ask you a simple question. Do you think, and I
don't know who this Quinn is. The man is $50,000 in debt, he has a record
of not paying IRS. He has a record of not paying sales tax. Do you think
that man has any chance... he has not auditing, he has no cash flow, he has no
assets... do you think that you can give that man money and he has a chance to
survive?
Mr. Odio: No, but, let me answer the question this way. He could not get a
bank loan anywhere, that is correct.
Mayor Suarez: OK, we know that. We know that. Your motion, you want to
accept a modification to yours and build that into yours, Commissioner, that
the committee be required to come here and report?
Mr. Plummer: The committee be required what?
Mr. Dawkins: I'm with the majority.
Mayor Suarez: OK, all right, well, I am building together the motion. The
loan committee is going to report to us and at the same time, in the meantime,
the City is charged with your requirement, that any loan to you appears to be
totally responsible...
Mr. Plummer: Not...
Mayor Suarez: ... to veto it. We can build that into the motion.
Mr. Plummer: No chance of saving, then you have the right to refer to this
Commission.
Mayor Suarez: I'm sure you are going to do that anyhow, even if we didn't put
it into the form of a motion, after this discussion! We have a motion and a
second. Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1157
A MOTION DIRECTING THE CITY MANAGER TO REVIEW ALL
LOANS FORTHCOMING THROUGH MIAMI CAPITAL DEVELOPMENT,
INC. TO THE MODEL CITIES MERCHANTS; FURTHER
INSTRUCTING THE MANAGER TO REPORT TO THE COMMISSION IF
ANY OF SAID LOANS ARE DEEMED BY HIM TO BE
UNSURVIVABLE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
id 230 December 10, 1987
r
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: I don't think it is strong enough and I'm going to vote "no".
I just feel that we just can't give money without some controls and follow-up,
that we make sure that the object of what we are doing is, which is to make
them viable people in commerce that happens and we just can't do that. I say
"no" .
Mr. Plummer: Where they deem that is it is not survivable.
Mr. Dawkins: Are we saying that we are going to make these four loans and that
the loan committee cannot make any more loans until they come to this
Commission and tell us how they made them? Is that what we are saying?
Mr. Plummer: That was not part of my motion.
Mr. Dawkins: OK, what is the motion?
Mr. Plummer: My motion was, City Administration is empowered to bring any
loan application approved by the loan committee to this Commission, in which
they feel there is no chance of survival of that business.
Mr. Dawkins: Yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Planning & Zoning item, whatever the next one is.
Mr. Castaneda: Commissioner, for clarification...
Mayor Suarez: You are not...
Mr. Dawkins: Hold it.
Mr. Castaneda: On your action, you approved the resolution and you eliminated
the Citywide program, is that what you did?
Mr. Dawkins: Now, I want to make a motion that...
Mr. Castaneda: You approved the resolution we gave you with
the change that
removed the City... eliminated the Citywide program?
Mayor Suarez: No, you hadn't told us about that part.
Mr. Dawkins: No.
Mr. Castaneda: No, I didn't say that.
Mr. Dawkins: No, we are not approving that.
Mr. Castaneda: That is the amendment you made to it,
that is what I
thought...
Mayor Suarez: No.
Mr. Dawkins: Bring that back...
Mayor Suarez: What amendment?
Mr. Dawkins: ...after you talked to the loan committee.
Mr. Cisneros: That was the change I asked for where it says to the newly
created was the small business development program to
read, to be used
as contracted in July of 187, and I got a yes answer from the
Commission.
ld 231 December 10, 1987
r 0 -
Mayor Suarez: Right, but we are talking... they are talking about the rest of
the program, the rest of the Citywide program. Was that built into your
resolution?
Mr. Castaneda: No.
Mayor Suarez: Why were you even talking about that?
Mr. Castaneda: But, that is what he mentioned.
Mayor Suarez: Well, we will deal with that whenever. We haven't done
anything with that program. That is not going forward. We are not going to
deal with that today.
Mr. Cisneros: It is on the resolution.
Mayor Suarez: What does it do?
Mr. Cisneros: I don't know, but...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Cisneros: I don't have a CD
Mayor Suarez: We are not moving on the Citywide program today. We don't even
know how to deal with this pilot program, let alone the Citywide program.
Mr. Dawkins: I make a motion that the loan committee be invited here on
January 14th with a time certain to answer questions that the City
Commissioners may have.
Mayor Suarez: So moved.
Mr. Plummer: And bring with them the materials of the first four loans.
Mr. Dawkins: I'll accept that.
Mayor Suarez: So moved and seconded, with the amendment. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-1158
A MOTION INVITING THE LOAN COMMITTEE PROCESSING LOANS
_ FOR THE MODEL CITIES MERCHANTS TO ATTEND THE MEETING
PRESENTLY SCHEDULED FOR JANUARY 14, 1988 TO ANSWER
QUESTIONS THE CITY COMMISSION MAY HAVE REGARDING THE
CRITERIA USED TO GRANT SAID LOANS; FURTHER REQUESTING
THE COMMITTEE TO BRING WITH THEM THE RECORDS OF THE
FIRST FOUR LOANS.
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.
ABSENTS None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Yes, I tried to build that into a prior motion, but, definitely
"yes".
Id 232 December 10, 1987
70. AUTHORIZE REIMBURSEMENT TO LADDER COMPANY NO. 4 FOR INCREMENTAL COST
DIFFERENCE FOR IMPLEMENTATION OF THE ADOPTED BRICKELL PROMENADE DESIGN
DEVELOPMENT PLAN AT FIRE STATION NO. 4.
Mrs. Dougherty: Mr. Mayor, before you adjourn the non-P&Z items, would you
like to take up Ladder Company number 4?
Mr. Plummer: What about it?
Mrs. Dougherty: We have a resolution authorizing the City Manager to
reimburse Ladder Company number 4.
"The incremental cost difference, of the implementation, of the
adopted Brickell Promenade Design Development Plan at Historic
Fire Station Number four in the amount of $26,962.30, with said
payment to be made from funds available from the Property and
Lease Management Enterprise Fund."
In other words, we required them to spend $26,000 over their commitment
and we are now reimbursing them.
Mr. Plummer: What is the status of the project?
Mr. John Gilchrist: They are nearing completion on the project, Commissioner,
but the Brickell Promenade required that they change some material on the
surface, and the landscape, and he...
Mr. Plummer: Who authorized that?
Mr. Gilchrist: The City Commission.
Mr. Dawkins: Clarification, point of clarification.
Mrs. Dougherty: No, no, you adopted the plan.
Mr. Gilchrist: You adopted...
Mrs. Dougherty: You adopted the plan...
Mr. Gilchrist: ... the plan.
Mrs. Dougherty: ... and then we required them to put it in for us.
Mr. Gilchrist: Right. And we are... it is an obligation we have to pay them.
Mr. Plummer: We'll never get that money back.
Mrs. Dougherty: No, we didn't anticipate...
Mr. Gilchrist: Well, they have already paid that much in rent to us, right.
Mr. Plummer: Don't hold your breath.
Mayor Suarez: How close to completion are they, John?
Mr. Gilchrist: They are going to complete it in January, the overall show.
Mr. Plummer: January of what year?
i
Mrs. Dougherty: This year they are going to complete the shell, then the
restaurant has to come in and complete the interior.
Mr. Plummer: What's the deadline on that?
Mrs. Dougherty: We are anticipating around May, I think.
Mr. Gilchrist: Yes, he has 75 days in his contract to complete the interior,
-�� once the exterior is...
ld 233 December 10, 1987
Mr. Plummer: How long ago was he awarded? It has been almost three years,
right?
Mr. Gilchrist: A long time, Commissioner, you know that.
Mr. Plummer: Three years it sat there and he didn't even pay his rent for all
the time that...
Mr. Gilchrist: He has been paying his rent since August.
Mrs. Dougherty: Requirement.
Mr. Plummer: August of this year?
Mr. Gilchrist: Of this year, yes, sir. That was the original deadline and we
gave him an extension. The thing is, the building is now nearing completion.
We don't want the building to fail either, you know.
Mayor Suarez: Do we have a motion? I'll entertain one either way, yes, no.
Mr. Plummer: We'll obligated and we have got to pay it. I'll move it.
Mayor Suarez: Moved, do we have a second?
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1159
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE
LADDER COMPANY NO. 4 LTD. THE INCREMENTAL COST
DIFFERENCE FOR IMPLEMENTATION OF THE ADOPTED BRICKELL
PROMENADE DESIGN DEVELOPMENT PLAN AT HISTORIC FIRE
STATION NO. 4 IN THE AMOUNT OF $26,962.30, WITH SAID
PAYMENT TO BE MADE FROM FUNDS AVAILABLE FROM THE
PROPERTY AND LEASE MANAGEMENT ENTERPRISE FUND.
(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.
ld 234 December 10, 1987
F •
------------------------------------------------------------------------------
71. CLARIFICATION OF PRIOR ISSUE CONCERNING DISBURSEMENT OF FUNDS FOR LOANS
TO MODEL CITIES MERCHANTS.
------------------------------------------------------------------------------
Mr. Dawkins: Point of clarification, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Dawkins: On the motion prior to the last one, it did include that the
Manager had to ensure that a business did not fail?
Mayor Suarez: No, it cannot possibly include that.
Mr. Dawkins: I mean, I want it very clear.
Mr. Plummer: No, how can you do that?
Mr. Dawkins: All right. I don't know, I mean I just want the record clear.
It does not include that.
Mayor Suarez: Otherwise we reduce salaries for every dollar that the program
loses, dollar for dollar.
Mr. Odio: But, Mr. Mayor...
Mr. Plummer: But, I will tell you, if he recommends and let three go by the
board and all three fail miserably, we are going to look for a Manager.
Mr. Dawkins: But, you see, the Manager did not approve this program, five
Commissioners did, so I don't see how we can hold the Manager's feet to the
fire for what these five Commissioners did.
Mr. Plummer: (OFF MIKE) He's speaking for himself.
Mr. Dawkins: OK, all right.
Mayor Suarez: On the prior motion, it was included that we were giving
authority to our Manager to disperse on the loans that have been made, that
have already been made.
Mr. Plummer: Well, but that motion was, as I understood it, if any one of
those four that have been approved in his estimation has no chance of
survival, he has to bring them back before this Commission.
Mrs. Kennedy: Right.
Mr. Dawkins: But, he already said all four of them will not survive. He has
bought that...
Mayor Suarez: He really can't do that as to those four. You have to do it as
to future loans.
Mr. Plummer: You are going to lose $120,000.
Mr. De Yurre: Have we made any disbursements yet?
Mr. Odio: No, only one. Only one.
Mr. De Yurre: How much?
Mr. Odio: Forty.
Mr. De Yurre: You gave out forty? How did you give it out?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: That's interesting. If you need this resolution to authorize
you to disburse, why did you disburse forty? Because before it was through
Miami Capital?
ld 235 December 10, 1987
Mr. Odio: What happened was it went through Miami Capital and it is a
technicality...
_ Mayor Suarez: And you are bringing this back up after the discussion we just
had to only clarify whether it is the City or Miami Capital who disburses
this? You guys are crazy. I told you not to bring it back upl
Mr. Odio: It is a technicality, Mr. Mayor.
Mayor Suarez: Yes, it is a technicality that is going to keep us from doing
the rest of the planning and zoning agenda.
Mr. Plummer: I am assuming this $40,000 you gave to this individual, is the
same individual that is in debt $50,000, and you have given him that money.
How did you give it to him, cash?
Mr. Dawkins: Cash. It wasn't food stamps, it was cash.
Mr. Castaneda: It was divided into two checks. One check was endorsed by the
individual and given to the renter or landlord , for $7,000. He was then
given the balance of $32,000 of which $25,000 was for inventory, $1,200 was
for him to buy...
Mayor Suarez: Don't tell anymore the history of that loan. What does the
Commission want to do as to who is the disbursing agent? Does it want Miami
Capital to continue being the disbursing agent? Does it want the City itself
to do it? Miami Capital obviously doesn't want to do it.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: They are no fool, right?
Mr. Odio: No.
Mayor Suarez: OK, if we don't have a motion, I am going to proceed to the
next... I am going to adjourn the morning general meeting and go on to
planning and zoning and it will be whatever the status was before, and you'll
probably die of a heart attack.
THEREUPON, THE CHAIR ADJOURNED THE REGULAR PORTION OF THE AGENDA
AND PROCEEDED TO TAKE UP ITEMS BELONGING TO THE PLANNING AND
ZONING PORTION OF THE AGENDA.
------------------------------------------------------------------------------
72. AMEND 9500, ARTICLE 15 "SPI SPECIAL PUBLIC INTEREST DISTRICTS BY ADDING
SEC. 15-191 (COCONUT GROVE OVERLAY DISTRICT) AND SEC. 15-191 (EFFECT OF
SPI-19, DISTRICT DESIGNATION) WHICH REQUIRES ALL PARKING TO BE LOCATED
ON -SITE.
------------------------------------------------------------------------------
Mayor Suarez: The morning session is adjourned and we continue with Planning
& Zoning, which actually was convened and then recessed and reconvened. Item
PZ-3.
Mr. Guillermo: PZ-3 ...
Mayor Suarez: Item PZ-3 has been moved.
Mrs. Kennedy: Second.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion? Read the ordinance. I'm sorry, does anyone
from the general public that wishes to be heard against this item? Let the
record reflect that no one stepped forward.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 15, SPI
SPECIAL PUBLIC INTEREST DISTRICTS BY ADDING A NEW
SECTION 15190 SPI-19 COCONUT GROVE OVERLAY DISTRICT,
SECTION 15191 INTENT; AND SECTION 15192 EFFECT OF SPI-
19 DISTRICT DESIGNATION, THE PURPOSE OF WHICH IS TO
REQUIRE THAT ALL PARKING SHALL BE LOCATED ON SITE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of December 2, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10357.
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.
73. AMEND ZONING ATLAS BY APPLYING SPI-19 COCONUT GROVE OVERLAY DISTRICT TO
THE AREA GENERALLY BOUNDED BY COCOANUT AVENUE, VIRGINIA STREET AND 27TH
AVENUE.
Mr. Dawkins: Move PZ-4.
Mayor Suarez: PZ-4 has been moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Anyone from the general public
wishing to be heard against PZ-4? Let the record reflect no one stepped
forward. Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS, PAGE
42, OF ORDINANCE 9500, AS AMENDED, BY APPLYING SPI-19
COCONUT GROVE OVERLAY DISTRICT TO THE AREA GENERALLY
BOUNDED BY COCOANUT AVENUE ON THE SOUTH; A LINE
PARALLEL TO VIRGINIA STREET AND LOCATED APPROXIMATELY
150 FEET EAST OF IT ON THE WEST; A LINE PARALLEL TO
COCOANUT AVENUE AND LOCATED 150 FEET NORTH OF IT ON
THE NORTH; AND A LINE PARALLEL TO SW 27TH AVENUE AND
LOCATED APPROXIMATELY 150 FEET WEST OF IT ON THE EAST;
RETAINING THE UNDERLYING ZONING DISTRICT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 2, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote;
Id
237
December 10, 1987
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10358.
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.
74. AMEND ZONING ATLAS BY CHANGING CLASSIFICATION OF PROPERTY LOCATED AT
APPROXIMATELY 5959 NW 7TH ST. FROM RG-3/5 TO 0-1/7.
Mr. Dawkins: Move item PZ-5.
Mrs. Kennedy: Second 5.
Mayor Suarez: PZ-5 has been moved and seconded. Any discussion? Anyone from
the general public wishing to be heard against this item? The record reflects
no one stepped forward. Second reading, please read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 5959 NORTHWEST 7TH STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
3/5 GENERAL INSTITUTIONAL TO BY MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 30 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 2, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10359.
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.
238 December 10, 1987
75. AMEND 9500, SEC. 2026 - "SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS,"
AND SUBSECTION 2026.15 "OUTDOOR ADVERTISING SIGNS", BY REDUCING THE
NUMBER OF ADVERTISING SIGNS FROM TEN TO NINE.
Mayor Suarez: PZ-6, companion item.
Mrs. Kennedy: Move 6.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance. OK, I'm sorry,
that was not a companion item at all. That's the reduction of ten to nine on
the signs on I-95. Call the roll. Is it understood? Properly understood? I
confused everybody. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 20, ENTITLED "GENERAL AND
SUPPLEMENTARY REGULATIONS"; SECTION 2026 ENTITLED
"SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS";
SUBSECTION 2026.15. ENTITLED "OUTDOOR ADVERTISING
SIGNS"; AND PARAGRAPH 2O26.15.2.1., BY REDUCING THE
NUMBER OF OUTDOOR ADVERTISING SIGNS FROM A MAXIMUM OF
TEN (10) TO NINE (9) WHICH MAY FACE LIMITED ACCESS
HIGHWAYS, WITHIN TWO HUNDRED (200) FEET OF THE
WESTERLY SIDE OF I-95 RIGHT-OF-WAY LINES, OR OF ANY
LIMITED ACCESS HIGHWAY INCLUSIVE OF EXPRESSWAYS
WESTERLY OF I-95; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 2, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10360.
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.
76. AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR PROPERTY LOCATED AT
APPROXIMATELY 3151-3199 S.W. 27TH AVE., 2660 LINCOLN AVENUE AND 2699
TIGERTAIL AVENUE BY CHANGING DESIGNATION OF SAID PROPERTY FROM MODERATE
HIGH DENSITY RESIDENTIAL TO COMMERCIAL RESIDENTIAL USE.
Mayor Suarez: Item PZ-18, I believe, is the next one.
Mr. Rodriguez: Yes, sir, PZ-18.
Mr. Dawkins: PZ-9, after 4:30.
Mr. Plummer (Off mike): Nine is deferred.
Mayor Suarez: Everything's withdrawn.
Mr. Dawkins: Nine's deferred?
Mayor Suarez: Nine was deferred and everything else was withdrawn. PZ-18.
Mr. Olmedillo: Nine was continued until the second meeting... eighteen and
nineteen are companion items. It's the change from the PDMU designation to
SPI-13 and this is the second reading.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Plummer (Off mike): Second.
Mayor Suarez: Seconded. Any discussion? Anyone from the general public wish
to be heard against this item? Why are you shaking your head, counselor?
Read the ordinance. Let the record reflect no one stepped forward. Call the
roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY 3151-3199 SOUTHWEST
27TH AVENUE, 2660 LINCOLN AVENUE AND 2699 TIGERTAIL
AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) BY
CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM
MODERATE HIGH DENSITY RESIDENTIAL TO COMMERCIAL
RESIDENTIAL USE; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 2, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10361.
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.
240 December 10, 1967
77. CHANGE ZONING CLASSIFICATION OF 3151-3199 S.W. 27TH AVENUE, 2660 LINCOLN
AVENUE AND 2699 TIGERTAIL AVENUE FROM PD-MU PLANNED DEVELOPMENT TO SPI-
13 S.W. 27TH AVENUE GATEWAY DISTRICT.
Mayor Suarez: PZ-20 is companion?
Mrs. Kennedy: Move 21.
Mr. Rodriguez: 21...
Mayor Suarez: 21.
Mrs. Kennedy: Move it.
Mr. Rodriguez: You did 19 already?
Mr. Plummer (Off mike): No.
Mr. Rodriguez: I'm sorry, 19.
Mayor Suarez: I'm sorry, 19 is what I meant. Yes, 19.
Mr. Rodriguez: Nineteen.
Mayor Suarez: That is a companion item, right?
Mr. Rodriguez: Yes.
Mayor Suarez: I'll entertain a motion on 19.
Mr. Dawkins% Second.
Mayor Suarez: Moved, seconded. Any discussion? Read the ordinance. That's
more like it, call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 3151-3199 SOUTHWEST 27TH AVENUE, 2660
LINCOLN AVENUE AND 2699 TIGERTAIL AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM PD-
MU PLANNED DEVELOPMENT - MIXED USE TO SPI-13 SOUTHWEST
27TH AVENUE GATEWAY DISTRICT BY MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 45 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 2, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10362.
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.
--------------------------------------------------------------11----------------
78. AMEND 9500, ARTICLE 20 BY ADDING A NEW SECTION 2035- ADULT DAY CARE
CENTERS", IN RS-1, RS-2 AND RG-1 DISTRICTS; AMEND SEC. 2036 BY ADDING_
THE WORD "DAY" TO "CHILD DAY CARE CENTERS"; AMEND ARTICLE 36 BY ADDING
DEFINITIONS FOR "FAMILY DAY CARE HOME" AND "ADULT DAY CARE CENTER"; -
PERMIT FAMILY DAY CARE HOMES IN RS-1 AND RS-2 DISTRICTS; TO ALLOW ADULT
DAY CARE CENTERS IN RS-1 AND RS-2 DISTRICTS BY CLASS C PERMIT, AND IN
RG-2 SUBJECT TO CLASS A PERMIT; PERMIT CHILD DAY CARE CENTERS AS AN
ACCESSORY USE TO CHURCHES AND SCHOOLS IN CG-1; ADD "DAY" TO "CHILD CARE
CENTERS" THROUGHOUT THE SCHEDULE OF DISTRICT REGULATIONS. -
Mayor Suarez: PZ-20 was withdrawn. PZ-21.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved. Seconded. Anyone from the general public wish to be
heard on PZ-21? Let the record reflect no one stepped forward. Read the
ordinance.
Mrs. Dougherty: You may want to take a break.
Mayor Suarez: Do not waste one minute. Can we get somebody that can do this
right? Call the roll. Faster.
242 December 10, 1987
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
-
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 20, ENTITLED "GENERAL AND
SUPPLEMENTARY REGULATIONS" BY ADDING A NEW SECTION
2035 ENTITLED "ADULT DAY CARE CENTERS", PROVIDING FOR
DEFINITION, MINIMUM LOT DIMENSIONS, LOCATION OF
BUILDINGS IN RS-1, RS-2 AND RG-1 DISTRICTS, REQUIRED
OUTDOOR AREA, AND APPROPRIATE REQUIREMENTS,
LIMITATIONS AND CONDITIONS; BY AMENDING SECTION 2036
ENTITLED "CHILD DAY CARE CENTERS", AS IT PERTAINS TO
_
OUTDOOR PLAY AREAS WITHIN CHILD DAY CARE CENTERS BY
ADDING THE WORD "DAY" TO "CHILD CARE CENTERS"
THROUGHOUT SECTION 2036; BY AMENDING ARTICLE 36
ENTITLED "DEFINITIONS", SPECIFICALLY AS IT PERTAINS TO
THE DEFINITION OF CHILD DAY CARE CENTERS AND BY ADDING
DEFINITIONS FOR "FAMILY DAY CARE HOME" AND "ADULT DAY
CARE CENTER"; AND AMENDING PAGES 1, 2, 3, 4 AND 5 OF
THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS BY
GENERALLY PERMITTING FAMILY DAY CARE HOMES IN RS-1 AND
RS-2 DISTRICTS; ONE -FAMILY DETACHED RESIDENTIAL; TO
ALLOW ADULT DAY CARE CENTERS IN THE RS-1 AND RS-2 ONE -
FAMILY DETACHED RESIDENTIAL DISTRICTS BY CLASS C
—
PERMIT IF LESS THAN 5 ADULTS, AND BY SPECIAL EXCEPTION
IF 5 OR MORE ADULTS SUBJECT TO THE REQUIREMENTS AND
LIMITATIONS OF PROPOSED SECTION 2035 "ADULT DAY CARE
_
CENTERS"; PROVIDING FOR MINIMUM OFF-STREET PARKING
REQUIREMENTS; TO GENERALLY PERMIT ADULT DAY CARE
—
CENTERS, SUBJECT TO CLASS A PERMIT, IN RG-2 GENERAL
RESIDENTIAL DISTRICTS, SUBJECT TO THE REQUIREMENTS AND
®
LIMITATIONS OF SECTION 2035 "ADULT DAY CARE CENTERS",
PROVIDING FOR MINIMUM OFF-STREET PARKING REQUIREMENTS;
CLASS C PERMIT
=
BY PERMITTING CHILD DAY CARE CENTERS BY
AS AN ACCESSORY USE TO CHURCHES AND SCHOOLS IN CG-1
GENERAL COMMERCIAL DISTRICTS; AND BY ADDING THE WORD
—_
"DAY" TO "CHILD CARE CENTERS" THROUGHOUT THE SCHEDULE
OF DISTRICT REGULATIONS FOR CLARITY; BY CORRECTING A
TYPOGRAPHICAL ERROR IN #0-I OFFICE INSTITUTIONAL" BY
-�_
CHANGING SECTIONS 3036.4; AND 3036.5 TO SECTIONS
2036.4 AND 2036.5; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 2, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, 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:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10363.
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.
243
December 10, 1987
---------------------------------------------------------------------- ZZZZ==
79. AMEND 9500, SEC. 2003, "ACCESSORY USES AND STRUCTURES" BY ADDING NEW
SUBSECTION 2003.10-GARAGE SALES; TO DEFINE GARAGE SALE; RS-1 AND RS-2,
ONE -FAMILY DETACHED RESIDENTIAL, USES PERMISSIBLE BY SPECIAL PERMIT,
PROVIDING THAT GARAGE AND YARD SALES SHALL BE PERMISSIBLE ONLY BY
SPECIAL GARAGE AND YARD SALE PERMIT, RG-2 GENERAL RESIDENTIAL, BY ADDING
THAT GARAGE SALES SHALL NOT BE PERMITTED.
Mayor Suarez: PZ-22.
Mr. Sergio Rodriguez: Mr. Mayor, may I suggest that since you have some
members from the public, that you might want to take them and since you have
us always here...
Mayor Suarez: No, because these are your planning items?
Mr. Rodriguez: Yes.
Mayor Suarez: Through what?
Mr. Rodriguez: Twenty-second to twenty...
Mr. Plummer (Off mike): Well, I want to do 22.
Mayor Suarez: OK, sure.
Mr. Plummer (Off mike): How many times a year are garage sales allowed under
this situation?
Mrs. Kennedy: Two.
Mayor Suarez: Twice.
Mr. Plummer (Off mike): Two times a year.
Mr. Rodriguez: Right.
INAUDIBLE COMMENTS.
Mr. Plummer (Off mike): OK, I'll move 22.
Mayor Suarez: So moved.
Mr. DeYurre: Second.
Mayor Suarez: Seconded. Any discussion? Anyone from the general public wish
to be heard on item PZ-22? Go ahead, sir.
Mrs. Dougherty: Which neighbor?
Mr. Tom Springer: My names Tom Springer, I'm president of Buena Vista East
Association and we're 100 percent behind this. We have a problem in that yard
sales are proliferating in our area and I feel that should be the included
garage hyphen yard sales.
Mr. Rodriguez: It is the same. I will be...
Mr. Springer: You may think so; the people in our area where we have
different languages, I don't think that's straightforward and enough and I
think it should be clarified.
Mr. Plummer (Off mike): I don't think there's any problem with including the
word garage dash yard sales.
Mr. Walter Pierce: It's the same thing and if I may read the definition
that's in the ordinance...
Mr. Rodriguez: It's covered.
244 December 10, 1987
Mr. Pierce: ... it's garage sales: "sales of second hand household goods at
private residences, yards and garages." The term "estate sales" is also
included in this definition.
Mr. Springer: But I would like to, at the beginning, if it would be to right
up front and we wouldn't have to go down into the thing.
Mrs. Kennedy: It's all right, why don't we do it?
Mr. Rodriguez: The term estate sales and yard sales are also included in this
definition, sir.
Mrs. Kennedy: OK.
Mr. Plummer (Off mike): Include it, incorporate it.
Mrs. Kennedy: You got it.
Mr. Rodriguez: On page four, section 3602.
Mr. Plummer (Off mike): He's saying and he's right, put it in the title.
Mr. Rodriguez: That's what I'm saying, the definition, it will be covered.
Mr. Plummer: Put it in the title. Big deal!
Mrs. Kennedy: You got it.
Mr. Springer: Thank you very much, Commissioner, thank you, thank you. It
means an awful lot to us out there. Where you see yards and things going on
Saturday and Sunday.
Mr. Plummer: Sir, don't feel bad, I've got one neighbor that has a garage
sale every Saturday and Sunday.
Mr. Pierce: Mr. Mayor.
Mr. Springer: OK, great, it's a step in the right direction. Thank you.
Mr. Pierce: If I may, if I may for one second, as I told Commissioner
Plummer, the only reason really that motivated us to do this is that trying to
enforce this on a person in Coconut Grove, we found we had nothing to address
it and that's the whole idea, to get something on the books now to do it.
Mr. Springer: Good.
Mr. Plummer: No, to regulate it.
Mr. Rodriguez: So, for the record then, in the title on section 2003.10, it
would read garage and yard sales.
Mr. Plummer: Yes.
Mayor Suarez: Call the roll.
Mr. Plummer: No, it's got to read it.
Mayor Suarez: Read the ordinance. Call the roll.
245 December 10, 1987
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 20, ENTITLED "GENERAL SUPPLEMENTARY
REGULATIONS SECTION 2003, ACCESSORY USES AND
STRUCTURES" BY ADDING A NEW SUBSECTION 2003.10 GARAGE
AND YARD SALES; SPECIAL PERMITS TO PROVIDE LIMITATIONS
AND REQUIREMENTS FOR GARAGE AND YARD SALES; ARTICLE 36
DEFINITIONS SECTION 3602, TO DEFINE GARAGE AND YARD
SALES; AND AMENDING PAGE 1 OF 6, OF THE OFFICIAL
SCHEDULE OF DISTRICT REGULATIONS; USES AND STRUCTURES,
ACCESSORY USES AND STRUCTURES, RS-1; RS-2, ONE -FAMILY
DETACHED RESIDENTIAL, USES PERMISSIBLE BY SPECIAL
PERMIT TO ADD A NEW PARAGRAPH 5 TO PROVIDE THAT GARAGE
AND YARD SALES SHALL BE PERMISSIBLE ONLY BY SPECIAL
GARAGE AND YARD SALE PERMIT AND BY AMENDING PAGE 2 OF
6, OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS;
USES AND STRUCTURES, ACCESSORY USES AND STRUCTURES,
RG-2 GENERAL RESIDENTIAL, BY ADDING AN EXCEPTION THAT
GARAGE SALES SHALL NOT BE PERMITTED IN THE DISTRICT OF
THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre 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.
80. AMEND 9500 TO APPLY TO 1610 HC-1: GENERAL USE HERITAGE CONSERVATION
DISTRICT, PURSUANT TO ARTICLE 16 TO "BUENA VISTA EAST HISTORIC DISTRICT"
GENERALLY BOUNDED BY NORTHEAST 48 AND 49TH STREETS, AND BETWEEN
NORTHEAST 41ST STREET AND 42ND STREET, AND RETAINING FINDINGS THAT BUENA
VISTA EAST HISTORIC DISTRICT MEETS THE CRITERIA FOR HISTORIC DISTRICT
DESIGNATION.
Mayor Suarez: What's the item that everybody's here on, is it PZ-29, 30?
Mr. Sergio Rodriguez: 34.
Mayor Suarez: OK, PZ-34.
Mr. Plummer: What is this proposed to do?
Mayor Suarez: It's a Planning Department request.
Ms. Sara Eaton: We are urging the creation of the Third Historic District in
Buena Vista East, an area just north of the Design District to apply HC-1 to
this area.
Mayor Suarez: I presume that residents are here in favor of this. Is there
anyone opposed? Let the record reflect that no...
Mr. Plummer: Well, excuse me, let me ask what's there presently?
246 December 10, 1987
INAUDIBLE COMMENTS.
Mr. Plummer: What?
Ms. Eaton: It's a single family residential area, some multi -family and
commercial along North Miami Avenue.
—
-
Mr. Plummer: And what historic value does it have?
Ms. Eaton: It's one of the areas, early boom era suburbs from the 1920's. It
—
contains a large collection of Mediterranean Revival, Mission, Art Deco and
vernacular buildings.
Mr. Plummer: But you're applying this to an area rather than to an individual
structure.
r
Ms. Eaton: Right. Just like Morningside.
Mr. Plummer: Does that include the full impact of the historical regulation
_
on the entire area, such as Roads and all of that?
—
Ms. Eaton: No, Roads are not included.
Mr. Plummer: Have all of the residents of that area been notified?
f
Ms. Eaton: Yes.
Mr. Plummer: And they're all in accord?
Ms. Eaton: At the planning and zoning meeting, there were two opposed.
Mayor Suarez: There were - the mail replies, yes.
s�
Mrs. Kennedy: The Planning Advisory Board that 21 replies in favor and only 3
'
objections were received by mail.>
a�
Mr. Plummer: OK.
Mr. Dawkins: I mean, I was told, I just want to put the record straight, that
there were twelve proponents and two opponents at the meeting.
Mrs. Kennedy: Right, and two opponents. Right.
Ms. Eaton: Right.
_
Mr. Dawkins: And you got it, so reverse that now, so let the records reflect
—
that.
Mrs. Kennedy: No, no that's correct. What I read was by mail.
Mr. Dawkins: OK.
Mr. Rodriguez: Yes, but what Commissioner Dawkins is saying that in your
agenda, it shows proponents 2 and opponents 12 and it should have been
reversed. That there were 12 proponents and two opponents.
Mrs. Kennedy: That's what mine says.
Mr. Dawkins: Well, mine doesn't say that.
Mrs. Kennedy: Mine says, 21 replies in favor and 3 objections were received
by mail.
Mr. Rodriguez: No, no, no, first before the...
Mrs. Kennedy: Twelve proponents and two opponents were present at this
meeting. I'm reading from the backup.
Mr. Rodriguez: You're looking at the fact sheet, the agenda is the one that
is wrong.
247 December 10, 1987
c � -
Mr. Pierce: You're looking at the fact sheet, we're talking about the actual
agenda.
Mrs. Kennedy: I don't have that.
Mr. Rodriguez: OK, sorry.
Mrs. Kennedy: Well, I move this item. —
Mr. Dawkins (Off mike): Moved.
Mayor Suarez: Do we have a second? Please have a second. Somebody second.
You're not going to speak against, are you? You're going to second it?
Mr. Tom Springer: I'd like to address...
Mayor Suarez: You have a vote yet, but...
Mr. Dawkins (Off mike): Yes, there's a second...
Mr. Springer: Are you ready to vote on this?
Mayor Suarez: Yes.
Mr. Springer: I'd like to speak before you do vote, Mr. Mayor.
Mayor Suarez: Favorably?
Mr. Springer: Yes, favorably.
Mayor Suarez: You know about the old rule of momentum here? If things are
going well for you and you speak, you could blow it.
Mr. Springer: I doubt it. I doubt it.
Mayor Suarez: That's the old rule. No, I mean, if you want to make any
symbolic statement and you promise to do it in less than 15 seconds, go ahead.
Although they're advising you not to, but, no go...
Mrs. Kennedy: Like everybody is advising not to.
Mr. Springer: I'd like to just say, we'd like to thank you for your
considerations and all the good and share our joy all the good that's come out
of this process of having Buena Vista East becoming an Historic Preservation
District. Briefly, I would like to share with you a little background of the
grassroots efforts of so many persons that have proceeded this presentation
tonight. All of us living in Buena Vista East are from many different
cultures, occupation and languages. From all this difference, we, with our
unity, are contributing much to the making of a new Miami. We believe that
working together as a group and neighborhood association we are much more
effective in taking care of our neighborhood problems. Over the years, Buena
Vista East has been active in Crime Watch and always striving for better
enforcement of existing zoning and code ordinances. In this, we have had our
success and disappointments. We have never given up and, in fact, most of the
residents in Buena Vista East have a positive attitude and intend to remain in
their homes. Most of the residents want the historic designation and believe
with the historic designation it will continue to help by bringing the
neighborhood together, stopping further deterioration of the neighborhood and
bring about better code and zoning enforcement. We have been encouraged and
supported by the City Planning Department, particularly Maggie Genova, all the
former officers of Buena Vista East, Miami Planning Advisory Board, Miami
Design District which is adjacent to us, and also the following associations:
Miami Civic League, Baypoint, Morningside, Bayside and Belle Meade. It is
interesting to note that in no time have developers, real estate or investor
syndicate have been involved in promoting the historic preservation of Buena
Vista East. Mayor and Commissioners, we are well aware that your interest
lies in the neighborhoods and at their renewal. And this is why we hope that
your approval of historic preservation for Buena Vista East will be a big step
in the right direction in encouraging unity among ourselves, in our grassroots
effort to improve our neighborhood and also preserve our cultural heritage.
In conclusion, we hope that all of you will have the opportunity to visit us
soon in Buena Vista East and experience the good news of good things
happening. Again, our thanks for your considerations.
248 December 10, 1987
Mayor Suarez: Thank you for your statement.
Mr. Dawkins: I'd like to say to all of you, it was a pleasure working with
you while we accomplished this, and in it shows you that when you, the voters,
work with us, who you elected, we can get the things done that we want done.
It was truly a pleasure.
Mayor Suarez: Call the roll.
Mr. Foeman: It's an ordinance.
Mrs. Kennedy. You need to read the ordinance.
Mayor Suarez: Read the ordinance.
Mr. Plummer: Former Assistant City Attorney.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS OF
ORDINANCE 9500, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, PAGE 16, TO APPLY SECTION
1610 HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT, PURSUANT TO ARTICLE 16 TO THE "BUENA VISTA
EAST HISTORIC DISTRICT" GENERALLY BOUNDED BY THE REAR
LOT LINES BETWEEN NORTHEAST 48TH STREET AND NORTHEAST
49TH STREET ON THE NORTH; NORTHEAST 2ND AVENUE ON THE
EAST; NORTH MIAMI AVENUE ON THE WEST; AND NORTHEAST
42ND STREET AND THE REAR LOT LINES BETWEEN NORTHEAST
41ST STREET AND THE REAR LOT LINES BETWEEN NORTHEAST
41ST STREET AND NORTHEAST 42ND STREET ON THE SOUTH;
RETAINING THE UNDERLYING ZONING DISTRICTS ADOPTING AND
INCORPORATING BY REFERENCE THE HERITAGE CONSERVATION
BOARD FINDINGS THAT THE BUENA VISTA EAST HISTORIC
DISTRICT MEETS THE CRITERIA FOR HISTORIC DISTRICT
DESIGNATION; ADOPTING AND INCORPORATING BY REFERENCE
THE DESIGNATION REPORT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy 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.
NOTE FOR THE RECORD: The Planning Department was urged by the City Commission
to expedite the revision of Ordinance 9500.
Mayor Suarez: I am disposed to entertain a motion to deny all Planning
Department items that are left on this agenda.
Mr. Plummer: Second.
Mrs. Kennedy: Yeat
Mr. Rodriguez: At least --------
Mayor Suarez: Do you have a good reason for all this stuff?
249 December 10, 1987
Mr. Rodriguez: Yes.
-
Mr. Plummer: When in the hell are you going to change and revamp and redo the
I-95 and quit piecemealing the damn baloney?
Mayor Suarez: 9500.
Mr. Rodriguez: Well, if you give me the chance now to say something about
this, these have been since April before you and I have been trying to do it,
-
some of them. So don't tell me that now.
Mr. Plummer: Yes, because you're pulling all this damn "Sneaky Pete's."
Mr. Dawkins (Off mike): Do it all at one time and get rid of it.
Mr. Rodriguez: Well, this is only one time, you keep delaying it.
Mr. Pierce: Well, these were the last ones that were going to be done before
the entire thing came up.
Mr. Plummer: Yes, right and as soon as he gets these finished, we're going to
-
have a complete revamp of the whole 95.
Mayor Suarez: 9500.
Mr. Pierce: Yes, but these provisions will be carried over.
Mr. Rodriguez: No respect.
Mayor Suarez: And call it I-95 from hereon, please. I mean, as you redo
=
it... do we have anyone in the audience...
Mr. Pierce: Mr. Mayor.
Mayor Suarez: ... that's waiting to be heard on an item? Any citizens that
_
s
are waiting to be heard? Anyone other than staff?
Mr. Plummer: You've got one that's...
Mr. Pierce: I believe 29 and 30, I know.
Mayor Suarez: I'm sorry?
—
Mr. Pierce: 29 and 30, I know.
Mr. Rodriguez: ------ in Spanish.
Mr. Plummer: 29.
Mr. Dawkins (Off mike): 29 and 30?
Mr. Rodriguez: You don't have to say it in Spanish.
Mayor Suarez: Those are not the ones we disposed of?
Mr. Rodriguez: No.
-
Mr. Pierce: No.
Mr. Dawkins: 29 and 30.
-
Mr. Rodriguez: 29 and 30.
Mayor Suarez: Could you raise your hand if you're here on item 29? How about
item 30?
UNIDENTIFIED SPEAKER. They're companion items, 29 and 30.
250 December 10, 1987
81. AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR PROPERTY LOCATED AT
APPROXIMATELY 3616-3638 N.W. 23RD AVENUE BY CHANGING DESIGNATION OF
SUBJECT PROPERTY FROM MODERATE/DENSITY RESIDENTIAL TO GENERAL COMMERCIAL
USE.
Mayor Suarez: OK, is there any other citizen that's here on any of these
items, for or against, other than 29 or 30? OK, let's take 29, I'm sorry, I
didn't know there was still some non Planning Department items.
Mr. Guillermo Olmedillo: Twenty-nine and 30 are first reading for plan
amendment on zoning changes for RG-24 to CG-17 which is a liberal commercial
district. The concerns that the Planning Department has for this is that
there's an intrusion into the neighborhood. When you look at the
transparency, the yellow portion, it's intruding into that residential
neighborhood which is a stable neighborhood. It has some bad housing there,
but most of it is well kept, well maintained and it may survive as a
residential neighborhood. The extension of the transitional rights is another
concern that we have. You know that any lot which is of a residential
district but which abuts a commercial district, has those transitional rights
to apply for a different zoning or a different use, I should say, like parking
and offices. The other element that we are concerned about is the "domino
effect." When you look at this transparency, you will see that the City
limits are just north of this particular property and then 836 is just north
of it. So this is like an island. If the intrusion begins to eat up into the
residential neighborhood, this will create the effect that the whole
neighborhood may go the same way. And, of course, the housing will be
replaced by other more liberal uses such as commercial uses like they're
proposing now. The PAB approved on an 8 to 1 vote, the Zoning Board
recommended approval on a 9 to zero vote. The recommendations of the Planning
Department are for denial because of the reasons stated.
Mayor Suarez: Counselor.
Mark Valentine, Esq.: Yes, Mark Valentine, on behalf of the applicant. There
are several concerns...
Mayor Suarez: Would you give us an address, please?
Mr. Valentine: 3050 Biscayne Boulevard, Suite 1000, Miami. Just to give the
Commission some background to this application, the applicant owns the
property...
Mayor Suarez: You're registered with the City, of course?
Mr. Valentine: Yes, I am. The owner presently owns the property, the first
two lots immediately facing 36th Street. He's been there about 10 years now
and it's a car dealership. The yellow lots that we're asking for to change
the zoning on and the map amendment are some additional properties that he
recently bought. Those properties contain two dilapidated apartment
buildings. What the owner intends to do is demolish one of the buildings and
replace that with paving and, in essence, extend his car dealership into those
particular lots. What I would like to bring to the board's attention is that,
I don't know if you're familiar with this particular neighborhood, but that
entire corridor from 22nd Avenue to approximately 27th Avenue are mostly -
well, right on the 36th Street corridor, that consists of car dealerships.
The county line is just north of 38th Street and then there is State Road 112.
The county zoning, in most of those sections, is either IU-1 or commercial.
So basically, the residential section is squeezed in between the county's IU-
1, I believe it is, and the general commercial that's right on 36th Street.
Most of those homes in that particular neighborhood, unfortunately, are -
quite a few of those homes are being used for commercial purposes. For
instance, there is one particular piece of property that is used by a fence
company for that particular purpose. There are some properties directly
behind my client's property that is also being used for mechanical repairs.
That neighborhood, unfortunately, is not a sound neighborhood. There are some
vacant properties there, there are some vacant lots, and the intent again is
not to - there aren't going to be any structures placed on the property. He
only wants be able to use those properties for additional footage, or paving
251 December !0, 1987
so that he can place some additional automobiles, well primarily trucks that
he sells. If we were to go a little bit west of those properties, that also
is commercial. The residential section, in the total scheme of things, is not
that complex. The entire area basically, is turning commercial, either by -
legally or by improper use of the adjoining properties. My client is trying -
by the change of zoning, we'll be in compliance and, again, the intensity that
we're asking for, we don't believe will adversely impact on the existing
neighborhood. —
Mr. Plummer: Let's hear from the objectors.
UNIDENTIFIED SPEAKER (Off mike): What about the last meeting, I wasn't here
for the...
Mr. Plummer: Sir, come up to the microphone, give us your name and mailing
address and then you have the right to speak.
Mr. Leon Milton: My name is Leon Milton. I own a residence across the street
from the business at 3629 N.W. 23rd Avenue. I wasn't here at the last meeting
but it was brought up to the point where the residents across the street
really didn't mind, but they don't sell just trucks, they bulldozers and other
kind of heavy equipment which is no big deal, but the residents did ask if
they would put a brick wall up, sort of hide some of their stuff from their
view. Right now, they have a wooden fence, strips of wood across there or a
wooden gate.
Mayor Suarez: How about that possibility, Counselor?
Mr. Valentine: As I understand it, the applicant has already started putting
in some type of enclosure. It is a wooden fence and I think the problem with
the neighborhood, is they, is it's more of an aesthetic situation and we,
after, I believe the Planning Board met, and approved our application, the
applicant actually started on the 23rd Avenue, I believe, or 23rd - is that -
yes, 23rd Avenue side, he has begun to place a wooden fence there. We have no
problems with that. The front part of the property is also...
Mayor Suarez: Let me ask staff something. Can we, in this kind of a posture,
can we require...
Mr. Plummer: They have to volunteer.
Mr. Pierce: No.
Mr. Olmedillo: If it's proffered by the applicant, yes.
Mayor Suarez: It would do your cause a great deal of good if you proffered -
you wanted some kind of a concrete wall, right?
Mr. Milton: Yes, sir.
Mayor Suarez: How high were you thinking in terms of?
Mr. Pierce: Mr. Mayor. That would come into play on item PZ-30, on the next
one, but I would suggest that instead of just talking about a wall in the
abstract, that if the applicant were serious about providing some safeguards
that it would be tied to a specific site plan.
Mayor Suarez: How about that, Counselor? We make it subject to approval of
the site plan that would include some kind of buffer?
Mr. Valentine: Provided the buffer is limited to the wooden fence. Then
again, the practical part of it and the factual side of it is that he's
already done that.
Mayor Suarez: Let me ask one question, besides a fence or barrier of some
sort, what do we get? We get some shrubbery typically on a site plan, what
other kinds of things?
Mr. Olmedillo: Landscaping.
Mayor Suarez: Landscaping.
252
December 10, 1987
Mr. Olmedillo: Sort of protect the area.
Mr. Valentine: Well, see, I think the problem with that is, is that the
wooden fence abuts the sidewalk and basically, the community, as I understand
it, is concerned about actually seeing the vehicles, you know, from their side
of the street. The wooden fence, as I understand, will accomplish that. The
additional landscaping...
Mayor Suarez: How about some - yes, how about landscaping?
Mr. Valentine: Well, see, again the fencing abuts the sidewalk so there
actually isn't a buffer zone for any landscaping.
Mayor Suarez: But the landscaping could be a lot higher than the fence.
Mr. Pierce: Well, it could also be set back in. I would like to ask
counselor if his client is already using this property as though it were
already rezoned.
Mr. Valentine: No, he's not using. The ones who are asking for rezoning, we
haven't used yet because - why you put me on the spot? No, they aren't being
used.
Mr. Pierce: Because I believe in code enforcement.
Mr. Valentine: No, no that's not...
Mr. Pierce: I don't believe in folks violating the owners.
Mr. Valentine: No, we were cited for code enforcement because of the property
that's already zoned commercial. There's a question of whether or not we can
park the vehicles within 50 feet of 36th Street. The property that is in
question tonight is not being used by the applicant for nothing at this point.
There are two vacant apartment buildings there.
Mayor Suarez: I want to see if they want to make a proffer of...
Mr. Valentine: Yes, we will proffer any landscaping that...
Mayor Suarez: Recommended by staff.
Mr. Valentine: ... with a site plan, yes.
Mr. Plummer: As approved by site plan.
Mayor Suarez: Right, and with site plan.
Mrs. Dougherty: Mr. Mayor, are you requiring the site plan before the second
reading, or are you requiring the...
Mayor Suarez: Before...
Mrs. Dougherty: ... site plan to be provided at the covenant? With the
covenant?
Mr. Plummer: They've offered it.
Mrs. Dougherty: In the covenant or before second reading?
Mr. Plummer: Well, it's to their advantage to get it to you prior to second
reading.
Mrs. Dougherty: All right.
Mr. Erik Sommersen: Yes, Mr. Mayor, my name is Erik Sommersen and I was
present at the last meeting in front of the Zoning Board, and we brought up
the idea of an eight foot wall that would completely surround the business
which the Zoning Department said that that would be a mandatory thing, to have
a concrete wall approximately eight feet high built around the business.
Also, there was a problem about the entrance on 23rd Avenue. This business
has an entrance on 23rd Avenue which, I think, is a residential area, which
shouldn't be permitted because of safety problems and it's a bad idea when you
turn down 23rd Avenue from 36th Street, it's a safety hazard also.
253 December 10, 1987
Mayor Suarez: Otherwise, it would be off what, 22nd Avenue?
Mr. Plummer: 36th Street.
Mr. Sommersen: 36th Street.
Mayor Suarez: Oh, 36th Street, oh, that goes all the way down on 36, I see.
Mr. Sommersen: 36th Street. You know, not only is it a safety hazard, but
it's not in any way improving the scenery of the residential area.
Mayor Suarez: How about that particular point, counselor?
Mr. Valentine: The problem with that is, just by comparison, to have an
entrance off of 36th Street is also just as hazardous. If I can just point
something out on the map for a second.
Mayor Suarez: Well, 36th Street is hardly a residential type street. That's
a main arter...
Mr. Valentine: OK, this is our property here. The entrance is right here on
the side. Mr. Gomez has the property fenced in at this point and it's also
fenced in up to this point. There's a, maybe a eight foot to 10 foot entrance
on to 23rd Court side... ... 3rd Avenue side and, as a practical matter, it's
much easier for egress and ingress if it remains where it is. We have no
problems with providing a covenant for the landscaping and also for the wooden
fence. And what's ironic is that the entrance that's there now and does not
actually go back into the residential section. Immediately across the street
from the entrance is another commercial establishment. The first actual
resident is a duplex which is located, maybe, 50 to 75 feet off of 36th Street
and that particular property would face the fence that we're going to put up.
So the entrance does not actually lead out into a private residential
building, it leads out into another commercial establishment.
Mr. Sommersen: Excuse me, there's two entrances, he didn't mention the one
that's in the back, approximately across the street from the residence of her,
about three houses down. Also, the Zoning Committee, we agreed that there
would be a concrete wall. I don't know what's happened to the concrete wall,
and there would be no entrances... on 23rd Avenue because that is residential.
36th Street, they could...
Mayor Suarez: Let me just explain, we can't require that he provide the
- concrete walls, as opposed to the wooden fence. We can refused to grant his
petition, and maybe ought to be advised and try to proffer the kinds of things
that the neighbors want, including limiting the entrance, because I don't know
how this Commission feels, but it does seem like an intrusion into a
residential area, what he is trying to do here.
Mr. Sommersen: That is right.
Mr. Valentine: Well, again, let me point out that the first entrance, and
this is the one that has been there for a while, does not not... it is right
immediately off of 36th Street, and just to the east of that is a commercial
establishment and behind that commercial establishment is a parking lot...
Mayor Suarez: 36th Street, you are talking about?
Mr. Valentine: No, on the avenue, 23rd Avenue.
Mr. Plummer: I have no problem with ingress and egress in the first two lots.
Mr. Valentine: Right, that is what we are on now.
Mr. Plummer: Beyond that...
Mr. Pierce: From what is currently zoned commercial.
Mr. Plummer: Well, that is correct. Ingress and ingress on any one of the
first two lots, would be permissible today.
Mr. Valentine: That's no problem.
254 December 10, 1987
Mr. Plummer: But no egress on the back four lots.
Mr. Valentine: OK.
Mr. Sommersen: But, there is still the problem, the safety hazards. What
about the trucks being parked in the middle of the street because the entrance
is right there?
Mr. Plummer: Understand, sir. He can do that today. Whether this application
is here or not, he can put an ingress and egress on those two commercial lots,
_
OK? So, that is unreasonable to try to extract from him. Now, the other
_
things that we are talking about, that's reasonable, OK?
Mr. Sommersen: But the running board...
Mayor Suarez: But, the trucks parked on the street, now, where on the street
are you talking about trucks being parked?
—
Mr. Sommersen: In the middle of 23rd Avenue, on the corner, about 50 feet
_
from 36th Street.
—
Mr. Valentine: Well, obviously, that sounds as though that is into the
residential section. We will agree to close off that particular entrance. The
_
— only entrance we will have is on the commercial lots.
#-
Mayor Suarez: I may be wrong, but I think it is a Code violation to have any
trucks parked on 23rd Avenue north of that commercial district, isn't that
}
right?
Mr. Plummer: You mean on the street?
Mayor Suarez: Right.
Mr. Valentine: Not is parked on the street.
Mr. Sommersen: Yes, sir, on the street, on the street!
Mayor Suarez: That is what he is talking about. He doesn't want trucks being
parked on the street.
Mr. Valentine: OK, let me submit to the board that once the zoning, if the
Board deems it proper, once the zoning is granted, that is one of the main
reasons why we need the additional space, so that everything...
Mayor Suarez: OK, but it can't be parked on the street now, and it can't be
parked if we grant this, or if we don't grant it, either way, it is a code
violation.
Mr. Valentine: They won't be, under no circumstances. They won't be, under
no circumstances.
Mayor Suarez: All they have to do is tell us about it, because then, they
could be removed, or cited for violations.
Mr. Valentine: We will provide a covenant for the wooden fence. We will
close off the entrance in the residential portion. Well, that is what is up
there now.
Mr. Pierce: No, there is a concrete wall required, where commercial abuts
residential... solid, masonry wall.
Mr. Valentine: But, if it is required, we have no choice.
Mr. Dawkins: OK, if you put a wooden fence up there, I want it painted and
varnished and maintained. I do not want...
Mr. Plummer: No, no, it is not legal. They've got to put a concrete fence
according to code. That is mandatory.
Mrs. Marie Milton: You say it is, or it isn't?
Mr. Plummer: No, it is. They must.
255 December 10, 1987
�i
Mr. Valentine: Well, let me clarify something, does the concrete fence have
to be that portion of property that abuts the residential? If that is the
case, we are only talking about the back side of the property. The part that
is from here, we will take the... it makes no sense!
Mayor Suarez: Now, we got masonry wall...
Mr. Valentine: If it is required.
Mayor Suarez: Right. We've got limited access only in the commercial area
off of 23rd Avenue, and shrubbery, as determined by a site plan that you are
-
going to provide before second reading.
Mr. Pierce: Mr. Mayor.
Mayor Suarez: Yes.
—
Mr. Pierce: I think you really should be talking about landscaped site plan
for the overall site, existing commercial as well.
Mr. Plummer: No, no.
Mr. Pierce: Mr. Plummer...
a
—
Mr. Plummer: Wait a minute now. You are talking about a used truck yard that
_
you want landscaping and rose bushes, and I... outside, landscaping is
reasonable, where you've got to look at it, you'd rather look at landscaping,
_
but he is talking about having rose bushes between the Ford, and hibiscus
between the...
Mr. Pierce: No, I am not, sir, no, I am not. I am not, Mr. Plummer.
Mr. Plummer: Between the concrete wall and the sidewalk it is reasonable to
5
have some landscaping, period!
Mr. Pierce: May I speak, sir. I drive through that area every morning. I've
got to tell you that 36th Street in this part of the City is absolutely the
—_
worse looking corridor in the City of Miami. Anything over there is an
3.
improvement.
Mr. Valentine: Well Walter, you're not going to see the trees on 36th Street.
Mr. Plummer: We're saying the outside, where the wall is, in the setback
area, you are going to landscape.
Mrs. Kennedy: Yes, that is what he needs.
`
Mr. Pierce: I didn't finish my statement.
Mayor Suarez: Would you build that into the form of a motion?
_
Mr. Pierce: I also... I didn't finish my statement.
Mrs. Kennedy: Go ahead and move it. I'll second it.
Mr. Plummer: Well, they've got to voluntarily in their covenant, take care of
that. I'll move item 29...
Mr. Valentine: It has been proffered.
Mr. Plummer: ... as amended, and in their proffering of their covenant...
Mrs. Kennedy: I'll second.
Mayor Suarez: So moved and seconded.
Mr. Plummer:... as outlined in their voluntary covenant before this
Commission.
Mayor Suarez: Do you understand what we have accomplished? — concrete masonry
wall, landscaping on the outside and the entrance can only be....
256 December 10, 1987
f
Mr. Pierce: That's on 30.
Mr. Plummer: Uh?
Mrs. Dougherty: It doesn't matter.
Mr. Plummer: Ok, wait a minute. What am I moving on 29?
Mr. Pierce: Twenty-nine is the Comprehensive Plan Amendment.
Mayor Suarez: You understand what they have proffered?
Mr. Dawkins: Second.
Mr. Sommersen: In other words, they are going to have the concrete
wall, they
are going to have landscape, and no entrances, or trucks on 23rd Avenue.
Mr. Plummer: No, no.
Mr. Valentine: No.
Mayor Suarez: North of...
Mr. Plummer: No, not on these four back lots. They can put an
ingress and
egress on the first two lots, which are presently already zoned
commercial,
OK?... and they can do that today.
Mayor Suarez: We can't really stop them from doing it.
Mr. Sommersen: OK, but they cannot... in other words, there
will be an
entrance there.
Mr. Plummer: There will be an entrance on 23rd, but it must be within the
first two lots off of 36th Street.
Mr. Sommersen: OK, but at least, no trucks allowed on 23rd Avenue, that is
the hazard, that's...
Mayor Suarez: They can't park any trucks there at all.
Mr. Plummer: They can't park the trucks there illegally. Call...
Mr. Sommersen: But, they do it all the time!
Mr. Plummer: Call the Code Enforcement Board. That's what we got it for.
They will fine them $250 a day.
Mr. Sommersen: I think the problem could be resolved, if we eliminate the
entrances. They have a lot of space on 36th Street.
Mayor Suarez: We've done the best we can, but let me tell you, if they start
parking trucks out there, all you have to do is call us. Call my office.
Mr. Sommersen: OK.
UNIDENTIFIED SPEAKER: Mayor, may I say something? Can you park a boat on
your sidewalk, the neck of the boat, can you park it across your sidewalk?
Mr. Plummer: No, sir.
UNIDENTIFIED SPEAKER: All right. Tell him.
Mr. Plummer: Hey, listen, you better not come with that attitude, you had
better come one with cooperation.
UNIDENTIFIED SPEAKER: OK.
Mr. Plummer: You are winning.
Mayor Suarez: Yes, I mean, don't... this item does not have to be granted at
all.
257 December 10, 1987
Mr. Plummer: I move item 29 before this thing gets out of hand.
Mayor Suarez: Moved, do we have a second?
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY 3616-3638 NORTHWEST
23RD AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) BY
CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM
MODERATE/DENSITY RESIDENTIAL TO GENERAL COMMERCIAL
USE; MAKING FINDINGS, 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.
82. AMEND 9500 BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3616-
38 NW 23RD AVE FROM RG-2/4 RESIDENTIAL TO CG-1/7.
Mr. Plummer: I move item 30, based on the covenant which they are voluntarily
giving to this Commission, relating to the concrete wall, to the
landscaping...
Mayor Suarez: Wait, because we need to vote on that other matter, please.
Mayor Suarez: ... and the site approval, which they shall proffer to this
Administration prior to second reading.
Mr. De Yurre: Second.
Mayor Suarez: So moved and seconded. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 3618-38 NORTHWEST 23RD AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
2/4 GENERAL RESIDENTIAL TO CG-1/7 GENERAL COMMERCIAL
BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 19 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
_ CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
258 December 10, 1987
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre 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.
------------------------------------------------------------------------------
83. AMEND 9500 SEC. 2003.9. TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS, BY
REPEALING SUBSECTIONS 2003.9.1 THROUGH 2O03.9.6 AND SUBSTITUTING
CONDITIONS AND LIMITATIONS AS TO CERTAIN PUBLIC FACILITIES: ORANGE BOWL,
BICENTENNIAL PARK AND BOBBY MADURO MIAMI BASEBALL STADIUM AND THEIR
PARKING LOTS REGARDING THE NUMBER OF ANNUAL EVENTS AND PROVIDING
— NOTIFICATION TO ADJACENT PROPERTY OWNERS.
Mr. Plummer: Item 23 is important to City revenue.
Mayor Suarez: Which is that?
Mr. Plummer: That's item 23.
Mr. Rodriguez: That is to allow temporary special events in certain of our
facilities.
Mr. Plummer: I move it.
Mrs. Kennedy: Second.
Mayor Suarez: Don't tell me it is item 23, tell me what it is about.
Mr. Plummer: I move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded, item 23. No one wishing to be heard
against it? Does that make some sense, I hope?
Mr. Plummer: Yes, dollars and sense for the City.
Mayor Suarez: OK, read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, SECTION
2003.9, TEMPORARY SPECIAL EVENTS, SPECIAL PERMITS, BY
REPEALING EXISTING SUBSECTIONS 2003.9.1 THROUGH
2003.9.6 OF SAID SECTION AND SUBSTITUTING THEREFOR
CONDITIONS AND LIMITATIONS, AS TO SPECIFIED PUBLIC
FACILITIES: ORANGE BOWL, BICENTENNIAL PARK AND BOBBY
MADURO MIAMI BASEBALL STADIUM AND THEIR PARKING LOTS
IN REGARD TO THE NUMBER OF EVENTS ANNUALLY AND
PROVIDING FOR NOTIFICATION TO ADJACENT PROPERTY
OWNERS, CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
259 December 10, 1987
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 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: AGENDA ITEMS 35 AND 36 WERE WITHDRAWN BY THE
ADMINISTRATION FOR FURTHER STUDY.
------------------------------------------------------------------------------
84. AMEND 9500, SECTION 2003.7, "CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO
RESIDENTIAL OR OFFICE USES;" AMEND SECT. 2025 "SIGNS;" AMEND SECTION
2034 COMMUNITY BASED RESIDENTIAL FACILITIES BY ADDING A NEW SUBSECTION
(2034.4); AMEND SECTION 2036, CHILD DAY CARE CENTERS BY ADDING A NEW
SUBSECTION (2036.6) VARIANCES PROHIBITED; AMEND SECTION 2037 ADULT
ENTERTAINMENT OR ADULT SERVICES, AND AMEND ARTICLE 31, "APPEALS FOR
VARIANCES," SECTION 3101 VARIANCES DEFINED LIMITATIONS (SUBSECTION
3101.1), AND FLOOR AREA RATIO VARIANCE PROHIBITED BY CHANGING THE TITLE
TO ADD "SPECIFIC CONDITIONS OF USE'" PROHIBIT ZONING BOARD FROM RELAXING
ANY SPECIFIC CONDITIONS OF USE UNDER PRINCIPAL USES AND STRUCTURES,
ACCESSORY USES, ETC.
Mayor Suarez: I'll entertain a motion on agenda item 24, first reading.
Mr. Dawkins: Move it.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Read the ordinance, first reading.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 20, ENTITLED "GENERAL AND
SUPPLEMENTARY REGULATIONS, SECTION 2003 ACCESSORY USES
AND STRUCTURES, SUBSECTION 2003.7 CONVENIENCE
ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICES
USES" BY ADDING A NEW PARAGRAPH 2O03.7.10 VARIANCES
PROHIBITED; BY AMENDING SECTION 2025 SIGNS, GENERALLY
TO PROVIDE THAT NO VARIANCES ARE PERMITTED, BY
AMENDING SECTION 2034 COMMUNITY BASED RESIDENTIAL
FACILITIES BY ADDING A NEW SUBSECTION 2034.4 VARIANCES
PROHIBITED; BY AMENDING PROPOSED SECTION 2035 ADULT
DAY CARE CENTERS BY ADDING A NEW SUBSECTION 2035.5
VARIANCES PROHIBITED; BY AMENDING SECTION 2036 CHILD
DAY CARE CENTERS BY ADDING A NEW SUBSECTION 2036.6
VARIANCES PROHIBITED; BY AMENDING SECTION 2037 ADULT
ENTERTAINMENT ON ADULT SERVICES BY ADDING A NEW
SUBSECTION 2037.6 VARIANCES PROHIBITED AND BY AMENDING
ARTICLE 31, "APPEALS FOR VARIANCES FROM TERMS OF
ORDINANCE", SECTION 3101 VARIANCE DEFINED;
LIMITATIONS, SUBSECTION 3101.1 USE, AND SPECIFIC
CONDITIONS OF USE, AND FLOOR AREA RATIO VARIANCE
PROHIBITED BY CHANGING THE TITLE TO ADD "SPECIFIC
CONDITIONS OF USE" AND TO PROHIBIT THE ZONING BOARD
FROM RELAXING ANY SPECIFIC CONDITIONS OF USE UNDER THE
PRINCIPAL USES AND STRUCTURES, ACCESSORY USES AND
TRANSITIONAL USES COLUMNS ON THE SCHEDULE OF DISTRICT
REGULATIONS AND REPEALING THE AFOREMENTIONED
PROHIBITIONS, MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
260 December 10, 1987
14
Was introduced by Commissioner Dawkins and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
* Although absent at roll call, Vice Mayor Kennedy later asked of the Clerk to
be shown as voting with the motion.
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. AUTHORIZE MANAGER TO DISBURSE FUNDS PREVIOUSLY AUTHORIZED TO BE LOANED
TO LIBERTY CITY MERCHANT, VERNON QUINN CONCERNING MODEL CITY PILOT LOAN
PROGRAM PROJECT.
Mayor Suarez: I'll entertain a motion to permit the City Manager to disburse
funds onto the Emergency Loan program that he has already disbursed.
Mr. Dawkins: Moved.
Mayor Suarez: What is the request of St. Albens?
Mrs. Kennedy: I move it, second.
Mayor Suarez: Moved and seconded. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-1160
A MOTION AUTHORIZING THE CITY MANAGER TO DISBURSE
FUNDS UNDER THE EMERGENCY LOAN PROGRAM THAT HE HAS
ALREADY DISBURSED.
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.
Mr. Plummer: How do you want your...?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, whatever you have available is coming, as I see it, out of
Holy Cross.
261 December 10, 1987
THM BRING NO FURTHER BUSINESS TO COMIC BEFORE THE CITY
COMMISSION, THE METING VAS ADJOURNED AT 9:08 P.M.
ATTEST:
!fatty Hirai
CITY CLERK
Valter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
IfATOR
262
December 10, 19$7
r
E
v* #I"
CITY OF MIAMI
DOCUMENT INDEX
ismim DECEMBER 10, 1987
FOM 1 OF _.._....._
ACCEPT BID OF ANACOMP DATA SYSTEM FOR
COMPUTER OUTPUT MICROFICHE SERVICES TO
THE DEPARTMENT OF COMPUTERS.
87-1074
ACCEPT BID OF E-Z-GO FOR THE LEASING OF
70 ELECTRIC GOLF CARS FOR THE MIAMI
SPRINGS GOLF COURSE TO THE DEPARTMENT
'•
OF PARKS, RECREATION AND PUBLIC
FACILITIES.
87-1075
ACCEPT BID OF SEA -AIR MECHANICAL, INC.
FOR CITY HALL AIR CONDITIONING
IMPROVEMENTS.
87-1076
AUTHORIZE PURCHASE OF FIFTY (50) SETS
OF FIREFIGHTERS PROTECTIVE CLOTHING
FROM CAIRNS & BROTHERS, INC.
87-1077
RESOLUTION 87-1078 AUTHORIZING CITY
MANAGER TO UTILIZE $150,000 FOR PROJECT
SELECTED BY THE ECONOMIC
DEVELOPMENT/PHYSICAL IMPROVEMENT
PROJECT COMMITTEE WAS LATER
RECONSIDERED BY MOTION 87-1101 AND
REPASSED AS RESOLUTION 87-1102.
87-1078
APPROVE FIVE SURVEYING AGREEMENTS WITH
MANUEL G. VERA & ASSOC. INC, FERNANDO
Z. GATELL P.L.S. INC. E.R. BRONELL &
ASSOCIATES, INC. WEIDENER SURVEYING &
MAPPING P.A. AND H.J. ROSS ASSOCIATES
FPR 1988 CALENDAR YEAR.
87-1079
EXECUTE AGREEMENT WHEREBY CITY SHALL
CONSENT TO (A) SUBLEASES FROM C.P.
TOWER LTD. AND C.P. RETAIL, LTD. TO
CENTRUST OWNED ENTITY, (B) THE
MORTGAGING BY ABOVE PARTNERSHIPS OF
SPECIFIC -INTERESTS IN CENTRUST TOWER,
AND (C) THE SALE OF STOCK IN ABOVE
PARTNERSHIPS TO CHRYSLER CAPITAL
CORPORATION.
87-1080
ALLOCATE UP TO $25,000 FROM THE
DEPARTMENT OF CONFERENCES AND
>`
CONVENTIONS FUND IN SUPPORT OF "THE
SUPERSTARS FOR 1988" WITH CERTAIN
CONDITIONS PLACED THEREON.
87-1081
v 0,
DOCUMENT INDEX
ALLOCATE UP TO $150,000 TO FINANCE
CRIMINAL INVESTIGATIONS.
CO -DESIGNATE S.W. 13TH AVENUE AS "CUBAN
MEMORIAL BOULEVARD."
TERMINATE PROFESSIONAL SERVICES OF
LEGATT MCCALL ADVISORS,INC. FOR
MIAMI INDUSTRIAL LAND USE NEEDS STUDY,
SERGIO RODRIGUEZ TO COMPLETE PROJECT.
NEGOTIATE ACQUISITION OF REAL PROPERTY
IN OVERTOWN COMMUNITY DEVELOPMENT
TARGET AREA (208-244 N.W, 13TH STREET);
SAID PRICE NOT TO EXCEED $127,000; CITY
ATTORNEY TO CLOSE ON SAID PROPERTY
AFTER LEGAL SPECIFICATIONS MET.
AUTHORIZE PARTICIPATION IN THE AMERICAN
CANCER SOCIETY GOLF CARD PRIVILEGE
PROGRAM AT MELREESE GOLF COURSE AND
MIAMI SPRINGS.
DONATE CONFISCATED BICYCLES TO
CHARITABLE ORGANIZATIONS FOR
DISTRIBUTION TO NEEDY INDIVIDUALS.
ACCEPT PLAT: NEW PIVETTE PARK.
ACCEPT PLAT: BLUE LAGOON CENTRE.
RESOLUTION 87-1090 ACEPTING PLAT
ENTITLED CLAUGHTON SUBDIVISION ON
CLAUGHTON ISLAND WAS LATER RECONSIDERED
AND DEFERRED BY MOTION 87-1111.
ACCEPT PLAT: TOUSSAINT L'OUVERTURE
SCHOOL LEMON CITY PARK SITE.
AUTHORIZE AGREEMENT WITH MIAMI DADE
COMMUNITY COLLEGE FOR "FULL TIME
EQUIVALENT" STUDENT AND INSTRUCTOR
COMPENSATION AND STUDENT CONTACT FEE
FOR FIRE, RESCUE AND INSPECTION IN-
SERVICE TRAINING PROGRAMS.
CLOSURE OF STREETS CONCERNING 5K RUN
SPONSORED BY ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, INC. ON DECEMBER
12, 1987.
pom.1 , cw �.
FRETMVAL CODE NO.
87-1082
87-1083
87-1084
87-1085
87-1086
87-1087
y
87-1088
87-1089
87-1090
87,-1091
87-1092
87-1093
P-A
DOCUMENT INDEX
��ow_
RETMVAL CODE NO.
CLOSURE OF STREETS FOR THE KING MANGO
STRUT PARADE SPONSORED BY THE COCONUT
GROVE JAYCEES, INC. ON DECEMBER 27,
1987.
87-1094
CLOSURE OF DESIGNATED STREETS FOR THREE
KINGS DAY PARADE SPONSORED BY THREE
KINGS PARADE, INC. ON JANUARY 10, 1988.
87-1095
AUTHORIZE CITY MANAGER TO EXECUTE
AMENDED INTERLOCAL AGREEMENT AND
CONTRACT WITH GREATER MIAMI CONVENTION
AND VISITORS BUREAU AND ALLOCATING UP
TO $100,000.
87-1096
APPOINTMENTS TO COMMUNITY DEVELOPMENT
ADVISORY BOARD: MARIA ELENA TORANO,
LUIS SABINES, WILLIE CALHOUN, HERIBERTO
FONSECA JERRY PARK AND PROSPERO
HERRERA.
87-1097
RECONSIDERATION OF PREVIOUS VOTE ON
AGENDA ITEM 7 WHICH AUTHORIZED MANAGER
TO EXECUTE CONTRACT WITH INTERNATIONAL
CAR WASH FOR CONSTRUCTION OF SHOPPING
CENTER (UPON RECONSIDERATION, THE ITEM
WAS AGAIN PASSED AND ADOPTED AS WAS
PRESENTED ON THE AGENDA).
87-1102
EXECUTE AGREEMENT WITH THE TICOH:,SAN-AI
GROUP - AUTHORIZE MANAGER TO ACCEPT, IN
PRINCIPLE $300,000 CASH GRANT FROM
SAID GROUP TO REFURBISH THE JAPANESE
GARDEN - AUTHORIZE NEGOTIATION OF
CONTRACT.
87-1103
EXECUTE AGREEMENT WITH ZAMINCO
INTERNATIONAL, INC. FOR THE PROVISION
OA A LOAN UP TO $5,400,000 IN C.D.
BLOCK GRANT FLOAT FUNDS FOR RESTORATION
OF THE FREEDOM TOWER BUILDING.
87-1104
APPROVE REVOLVING CREDIT LOAN AGREEMENT
BETWEEN MIAMI TELECOMMUNICATIONS, INC.
AND THE PROVIDENT NATIONAL BANK FOR THE
EXPANSION AND UPGRADING OF CABLE
TELEVISION FACILITIES.
87-1105
A. AUTHORIZE MANAGER TO UTILIZE $30,000
PREVIOUSLY APPROPRIATED FOR LITTLE
HAITI COMMERCIAL GATEWAY PROJECT, TO BE
REALLOCATED TO THE CARIBBEAN
MARKET PROJECT.
B. AUTHORIZE MANAGER TO UTILIZE
$30,000 PREVIOUSLY ALLOCATED TO
EDISON/LITTLE RIVER COMMERCIAL FACADE
PROGRAM TO BE REALLOCATED TO CARIBBEAN
MARKET PLACE PROJECT.
C. AUTHORIZE AGREEMENT WITH HAITIAN
TASK FORCE INC.GRANT $60,000.00 FOR
THE CARIBBEAN MARKETPLACE PROJECT;
EXT END CITY'S LOAN COMMITMENT.
87-1106
tv
DOCUMENT INDEX
ALLOCATE $173,000 FROM THE EMERGENCY
SHELTER GRANT PREVIOUSLY APPROPRIATED
TO CHRISTIAN COMMUNITIY SERVICE AGENCY,
INC AND ESTABLISH SHELTER FOR HOMELESS
FAMILIES, AUTHORIZE AGREEMENT WITH SAID
AGENCY.
APPROVE REVISED PROGRAM GUIDELINES AND
AUTHORIZE IMPLEMENTATION OF THE FAMILY
RESIDENTIAL REHABILITATION PROGRAM.
STATE COMMISSION POLICY OF REQUIRING
THAT ALL SEALED BIDS ON PROCUREMENT
CONTRACTS BE SUBMITTED IN THE FORM OF
DUPLICATE ORIGINALS.
URGE DOWNTOWN DEVELOPMENT AUTHORITY TO
UTILIZA THE STREET LIGHT FLAG STANDARDS
TO ACTIVELY PROMOTE THE "1988 MIAMI
GRAND PRIX" EVENT.
ACCEPT MANAGER'S RECOMMENDATION FOR
SELECTION OF DINNER KEY BOATYARD
MANAGEMENT COMPANY, INC.'S PROPOSAL FOR
THE PLANNING/DESIGN/CONSTRUCTION/
LEASING AND MANAGEMENT OF CITY OWNED
WATERFRONT PROPERTY OF A FULL SERVICE
BOATYARD AND MARINA (UNITED DEVELOPMENT
PROJECT) LOCATED AT 2640 SOUTH BAYSHORE
DRIVE DIRECT MANAGER TO FURTHER MAKE
NEGOTIATIONS INCORPORATING AMENDMENTS
DISCUSSED ON THE FLOOR.
AUTHORIZE PURCHASE OF FOUR PARCELS FOR
THE MODEL CITY C.D. TARGET AREA FOR
DEVELOPMENT OF AFFORDABLE HOUSING TO
LOW AND MODERATE INCOME FAMILIES.
APPOINT CERTAIN PUBLIC MEMBERS TO THE
CIVIL SERVICE BOARD. APPOINTED GERALD
SILVERMAN, CHARLENE HILL, GEORGE H.
ADAMS.
APPOINT CERTAIN INDIVIDUALS AS MEMBERS
OF THE ZONING BOARD. APPOINTED: LORENZO
LUACES.
APPOINT CERTAIN INDIVIDUALS AS MEMBERS
OF THE PLANNING ADVISORY BOARD.
APPOINTED PEDRO LOPEZ AND HERBERT
LEE SIMON.
ESTABLISH "STANDING PARK ADVISORY
BOARD" - APPOINT THE MEMBERS:
FREDDY SANTIAGO, ANNIE BETANCOURT,
THOMAS CARLOS, T. WILLIARD FAIR AND
BEATRIZ DE YURRE - ALTERNATES: ALAN
WEISBERG, ANNE CHAPMAN WILSON, ESTHER
MAE ARMBRISTER, EMILIO LOPEZ AND
ENRIQUE SALUM.
4
FAGS. OF _
RETREVAL CODE NO.
87-1107
87-1110
87-1112
87-1113
87-1115
87-1116
87-1117
87-1118
87-1119
87-1120
DOCUMENT INDEX
5
�DOCUNEW Weffr"Tm I RETREVAL CODE NO
NAME NEW EXHIBIT SPACE AT THE MIAMI
CONVENTION CENTER THE "MIAMI CONVENTION
CENTER EXHIBIT HALL".
ALLOCATE $5,000 TO COVER DOCKAGE FEES
FOR APPROXIMATELY 20 VESSELS AT
MIAMARINA (BAYSIDE) IN CONNECTION WITH
A REGATTA BY THE INTERNATIONAL FIFTY
FOOT YACHT ASSOCIATION.
CLOSURE OF STREETS TO VEHICULAR
TRAFFIC CONCERNING "TASTE OF THE
GROVE" EVENT - ESTABLISH PEDESTRIAN
MALL, WITH CERTAIN CONDITIONS.
GRANT CLOSURE OF STREETS REGARDING THE
OPEN HOUSE INAUGURAL EVENT CONDUCTED BY
SER JOBS FOR PROGRESS, INC. ESTABLISH
PEDESTRIAN MALL - SUBJECT TO
CONDITIONS.
ALLOCATE $4,500 TO PURCHASE TICKETS FOR
THE CITY'S UNDERPRIVILEGED YOUTHS
REGARDING ROCK AND ROLL WRESTLING MATCH
BENEFIT CONCERT IN SUPPORT OF "CURE
AIDS NOW".
ALLOCATE $1,300 IN SUPPORT OF THE
SOCIAL SERVICES PROGRAM OF MIAMI RESCUE
MISSION INC,
EXTEND CONTRACT WITH TOXICOLOGY TESTING
SERVICES FOR 90 DAYS.
ACCEPT BID: GREATER MIAMI CATERERS.
INC. (FURNISHING ALL MEALS FOR SIX
DAY CARE AND ONE PRESCHOOL CENTERS).
ENTER INTO 5 YEAR USE AGREEMENT WITH
DEPARTMENT OF OFF-STREET PARKING
REGARDING USE OF FOUR PARCELS FOR
REDEVELOPMENT UNDER PHASE II IF THE
SOUTHEAST OVERTOWN/PARK WEST PROJECT
(AS INTERIM PARKING FOR THE MIAMI
ARENA).
ESTABLISH CABLE TELEVISION SERVICE
STANDARDS.
AUTHORIZE MANAGER TO SUBMIT APPLICATION
TO SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION FOR A $10 MILLION LOAN FOR
REDEVELOPMENT OF GUSMAN/OLYMPIA BUILDING.
8 7•-1121
8 7t-1122
87-1123
87-1130
87-1131
87-1132
87,1136
87-1137
87-1138
87-1139
87•-1141
DOCUMENT INDEX
-__I DOMMENT I RE REVAL CODE NO.
CONFIRM ORDERING RESOLUTION 87-914
ADVERTISE SEALED BIDS FOR CONSTRUCTION
OF CITYWIDE SANITARY SEWER EXTENSION
IMPROVEMENT (S.W. 8 COURT - DISTRICT
SR-5539-0.
CONFIRM ASSESSMENT ROLE: CONSTRUCTION
OF ALLAPATTAH HIGHWAY IMPROVEMENT
(DISTRICT H-4474).
ACCEPT COMPLETED WORK: LANZO
CONSTRUCTION CO, (FAIRLAWN NORTH
SANITARY IMPROVEMENT DISTRICT SR-5491-
C) .
RATIFY MANAGERS ACCEPTANCE OF BID FOR
FIRE PAK, INC. FOR MIAMARINA
RENOVATION - PHASE II PROJECT,
A) APPROVE DOWNTOWN MIAMI DEVELOPMENT
OF REGIONAL IMPACT.
B) APPROVE DOWNTOWN MIAMI DEVELOPMENT
OF REGIONAL IMPACT INCREMENT NO. 1
ESTABLISH DATE FOR PUBLIC HEARING
REGARDING PROPOSED ISSUANCE OF
DEVELOPMENZ ORDER FOR THE SOUTHEAST
OVERTOWN/PARK WEST - FOR THE
DEVELOPMENT OF REGIONAL IMPACT
COMMUNITY REDEVELOPMENT AREA.
ACCEPT BID: JONES EQUIPMENT COMPANY,
INC. (LEATHER HOLSTERS AND
MISCELLANEOUS ITEMS FOR DEPARTMENT OF
POLICE).
ACKNOWLEDGE BRICKELL PARK SITE AS NON -
SUIT ABLE FOR PARK PURPOSES - INSTRUCT
MANAGER TO REZONE AREA.
AUTHORIZE REIMBURSEMENT TO LADDER
COMPANY NO. 4 FOR INCREMENT AL COST
DIFERRENCE FOR IMPLEMENTATION OF THE
ADOPTED BRICKELL PROMENADE DESIGN
DEVELOPMENT PLAN AT FIRE STATION NO. 4
87-1144
87-1145
87-1146
87-1147
87-1148
87-1149
87-1150
87-1151
87-1152
87-1159