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OF MEETING HELD ON NOVEMBER 19, 1987
(REGULAR %- PLANNING 6 ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
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INDEX
MIRUTES OF REGULAR !MEETING
CITY COMMISSION OF MIAMI, FLORIDA
NOVEMBER 19, 1987
1.
PRESENTATIONS, PROCLAMATIONS, SPECIAL
PRESENTED
1
ITEMS
11/19/87
2.
REAFFIRM CITY COMMISSION'S PRIOR
M 87-988
1-3
COMMITMENT •- ALLOCATE $75,000 OF THE
11/19/87
"ART IN PUBLIC PLACES" MONIES TO A
SCULPTURING CONTEST AT COCONUT GROVE
ARTS FESTIVAL.
2.1
CONTINUATION OF PRESENTATIONS,
PRESENTED
3
PROCLAMATIONS, SPECIAL ITEMS
11/19/87
3.
HONOR SECRETARY OF LABOR HUGO MENENDEZ
R 87-989
3-4
FOR HIS EFFORTS IN ENCOURAGING GOVERNOR
11/19/87
MARTINEZ TO USE TITLE III TO RETRAIN
AND RELOCATE EASTERN AIRLINES EMPLOYEES
RECENTLY LAID OFF.
4.
MODIFY CERTAIN COMPENSATION BENEFITS
R 87-990
4
AND EMOLUMENTS TO BE RECEIVED BY CITY
11/19/87
MANAGER CESAR ODIO.
5.
CONSENT AGENDA
DISCUSSION
4-8
11/19/87
5.1
ACCEPT BID OF SOUTH FLORIDA MAINTENANCE
R 87-991
8
SERVICES, INC. FOR FURNISHING GENERAL
11/19/87
CLEANING SERVICES FOR CITY MARINAS
5.2
ACCEPT BID OF DINET, INC. FOR
R 87-992
8
FURNISHING EIGHT (8) CALL CHECK
11/19/87
RECORDERS TO POLICE DEPARTMENT FOR THE
911 EMERGENCY SYSTEM.
5.3
AMEND SEPTEMBER 13, 1982, AGREEMENT
R 87-993
9
WITH MARTIN LUTHER KING ECONOMIC
11/19/87
DEVELOPMENT CORPORATION, INC. TO DEFER
PAYMENTS TO CITY OF MIAMI FOR A PERIOD
OF THREE YEARS.
5.4
EXECUTE AGREEMENT WITH CELLAR DOOR
R 87-994
9
CONCERTS, INC. FOR DECEMBER 3, 1987
11/19/87
ORANGE BOWL APPEARANCE OF "02".
5.5
APPROVE ADMISSION OF NEW MEMBERS TO
R 87-995
9
SUNSHINE STATE GOVERNMENTAL FINANCING
11/19/87
COMMISSION.
5.6
ALLOCATE AN ADDITIONAL AMOUNT UP TO
R 87-996
9
4250,000 FOR CONTINUED FUNDING OF
11/19/87
FORFEITURE FUND DETAIL.
5.7
ALLOCATE UP TO 414,000 FROM QUALITY OF
R 87-997
10
LIFE FUND TO SUPPORT 1988 SUNSHINE
11/19/87
STATE GOLDEN GLOVES BOXING TOURNAMENT.
5.8
RECOGNIZE TAX EXEMPT STATUS OF GOOD
R 87-998
10
NEWS LITTLE RIVER BAPTIST CHURCH AND
11/19/87
AUTHORIZE REIMBURSEMENT OF PROPERTY
TAXES.
5.9
AUTHORIZE ONE-YEAR PERMIT TO JET FUN
R 87-999
SPORTS, INC. FOR USE OF WOODEN PIERS
11/19/87
AND BAY BOTTOM ADJACENT TO MIAMI MARINE
STADIUM FOR A MINI -BOAT RENTAL
OPERATION.
5.10
ACCEPT DONATION OF TENNAi?T TRAILBLAZER
R 87-1000
ALL TERRAIN SWEEPER FROM TENNANT
11/19/87
CORPORATION FOR USE BY DEPARTMENT OF
PARKS, RECREATION AND PUBLIC FACILITIES
5.11
AUTHORIZE ISSUANCE OF RFP'S FOR
R 87-1001
COMPUTER HARDWARE AND SOFTWARE TO
11/19/87
OPERATE CITY OF MIAMI GEOGRAPHIC
INFORMATION SYSTEM; APPOINT.
5.12
APPROVE DESIGNATION OF SECTIONS OF
R 87-1002
STATE ROAD 9-A (I-95) AS LIMITED ACCESS
11/19/87
FACILITY AND TO NOTIFY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION OF SAME.
5.13
AUTHORIZE ACCEPTANCE OF THIRTY-TWO (32)
R 87-1003
DEEDS FOR HIGHWAY DEDICATION PURPOSES.
11/19/87
5.14
AUTHORIZE ACCEPTANCE OF PLAT FOR BAY
R 87-1004
HEIGHTS GROVES.
11/19/87
5.15
EXECUTE ESTOPPEL CERTIFICATE FOR
R 87-1005
BAYSIDE CENTER LIMITED PARTNERSHIP AS
11/19/87
REQUIRED FOR CLOSING OF PERMANENT LOAN.
5.16
AUTHORIZE EXPANSION OF COMMUNITY
R 87-1006
DEVELOPMENT ADVISORY BOARD TO EIGHTEEN
11/19/87
MEMBERS AND PROVIDING FOR A CHANGE IN
TERMS OF MEMBERSHIP.
5.17
AUTHORIZE SECURING OPTION TO PURCHASE
R 87-1007
PROPERTY AT 401 BRICKELL AVENUE AT A
11/19/87
PRICE NOT TO EXCEED APPRAISED VALUE AND
TO FURTHER INVITE BIDS FOR PURCHASE OF
CITY OWNED BRICKELL PARK.
5.18
AUTHORIZE DECLARATION OF FEE SIMPLE
R 87-1008
TITLE TO CITY -OWNED PROPERTY KNOWN AS
11/19/87
BRICKELL PARK AND CONTIGUOUS MAUSOLEUM
AND BURIAL GROUNDS.
5.19
CONFIRMING CITY ATTORNEY'S USE OF
R 87-1009
COUNTY ATTORNEY'S LEGAL SERVICES IN
11/19/87
ACQUISITION OF LAND NEEDED BY THE CITY
AND PARTICULARLY PROPERTY NEEDED FOR
THE SOUTHEAST OVERTOWN COMMUNITY
REDEVELOPMENT PLAN; FURTHER, SETTING
FEES FOR SUCH SERVICE.
5.20
APPROVE USE OF CERTAIN STREETS DURING
R 87-1010
DECEMBER 6, 1987 10K ROAD RACE
11/19/87
SPONSORED BY THE MIAMI RUNNERS CLUB.
5.21
PROVIDING FOR CLOSURE OF CERTAIN
R 87-1011
STREETS FAR COCONUT GROVE WAITERS RACE
11/19/87
ON NOVEMBER 22, 1987 CONDUCTED BY
COCONUT GROVE MARKETING, INC.
5.22
AUTHORIZING CLOSURE OF STREETS FOR
R 87-1012
SUNSTREET FESTIVAL DECEMBER 5 AND 6,
11/19/87
1987, AND SALE OF BEER AND WINE DURING
SAID EVENT.
10
11
11
11
11
12
12
12
12
13
13
13
14
14
ti
5.23
PROVIDING FOR CLOSURE OF CERTAIN
R 87-1013
STREETS FOR CIRCUS ROYALE TO BE
11/19/87
CONDUCTED BY GUSMAN CULTURAL CENTER,
NOVEMBER 22, 1987.
5.24
APPROVE DONATION OF SURPLUS POLICE
R 87-1014
AUTOMOBILES AND MOTORCYCLES TO THE CITY
11/19/87
OF SWEETWATER, FLORIDA.
5.25
ALLOCATE UP TO $50,000 TO PARTIALLY
R 87-1015
COVER RENTAL OF THE COCONUT GROVE
11/19/87
EXHIBITION CENTER FOR THE ANTIQUE AND
JEWELRY SHOWS SPONSORED BY COCONUT
GROVE CARES, INC.
6.
TEMPORARILY DEFER CONSIDERATION OF
DISCUSSION
PROPOSED ACCEPTANCE OF BID OF MISENER
11/19/87
MARINE CONSTRUCTION, INC., FOR DINNER
KEY MARINA REDEVELOPMENT - PIER
CONSTRUCTION. (SEE LABEL 40)
7.
DISCUSSSION AND WITHDRAWAL OF BID
DISCUSSION
ACCEPTANCE OF SOUTH FLORIDA MAINTENANCE
11/19/87
SERVICES FOR MAINTENANCE AT COCONUT
GROVE EXHIBITION CENTER.
8.
DEFER CONSIDERATION OF ACCEPTANCE OF
DISCUSSION
PROPOSED ONE-YEAR EXTENSION OF SOLE
11/19/87
SOURCE CONTRACT WITH DELARUE PRINTRAK,
INC. FOR PURCHASE OF MAINTENANCE
SERVICES FOR FINGERPRINT COMPUTER
SYSTEM.
9.
DEFER CONSIDERATION CERTAIN
DISCUSSION
ORGANIZATIONS WHOSE PROJECT PROPOSALS
11/19/87
WERE SELECTED BY ECONOMIC
DEVELOPMENT/PHYSICAL IMPROVEMENT
PROJECT COMMITTEE.
10.
COMMENTS REGARDING HANDOUT DISTRIBUTED
DISCUSSION
TO CITY COMMISSION BY UNIDENTIFIED
11/19/87
INDIVIDUAL CONCERNING OFF-STREET
PARKING MONIES EARMARKED FOR THE
RENOVATION OF GUSMAN HALL.
11.
AUTHORIZE EXECUTION OF AGREEMENTS WITH
R 87-1016
NORTHEAST CHAMBER OF COMMERCE AND THE
11/19/87
GREATER BISCAYNE BLVD. CHAMBER OF
COMMERCE TO CONTINUE IMPLEMENTING
COMMERCIAL FACADE TREATMENT PROGRAM IN
EDISON LITTLE RIVER TARGET AREA.
12.
CONTINUE CONSIDERATION OF REALLOCATION
DISCUSSION
OF FUNDS AND EXTENSION OF LOAN
11/19/87
COMMITMENT TO HAITIAN TASK FORCE, INC.
FOR COMPLETION OF CARIBBEAN MARKETPLACE
PROJECT IN LITTLE HAITI TARGET AREA.
13.
AUTHORIZE EXECUTIVE OF AN AGREEMENT
R 87-1017
WITH BAYSIDE CENTER LIMITED PARTNERSHIP
11/19/87
AND BOUNTY-BAYSIDE JOINT VENTURE,
PERMITTING THE MOORING AND OPERATION OF
SHIP BOUNTY FROM EASTERN EDGE OF PIER
PARK.
14
15
15
15-19
19-20
20-22
23-27
27
28-32
32-33
33-38
L
14.
TEMPORARY DEFERRAL OF PROPOSED RENEWAL
DISCUSSION
38-40
OF LEASE AGREEMENT WITH COCONUT GROVE
11/19/87
BANK FOR OFFICE SPACE TO BE USED BY THE
LABOR RELATIONS OFFICE (See label 16).
_
15.
DIRECT CITY MANAGER TO REPORT BACK TO
M 87-1018
40-43
THE COMMISSION WITH A PROPOSED PLAN FOR
11/19/87
—
A NEW CITY HALL AND ADMINISTRATION
BUILDING.
16.
AUTHORIZE RENEWAL OF LEASE AGREEMENT
R 87-1019
44 —
WITH COCONUT GROVE BANK FOR OFFICE
11/19/87
SPACE TO BE USED BY LABOR RELATIONS
OFFICE. (See label 14)
17.
AUTHORIZE APPLICATION FOR A LOAN FROM
R 87-1020
45-53
SUNSHINE STATE GOVERNMENTAL FINANCING
11/19/87
COMMISSION TO REFINANCE MIAMI SPORTS
AND EXHIBITION AUTHORITY'S SUBORDINATE
-
OBLIGATION NOTE.
18.
TEMPORARILY DEFER CONSIDERATION OF
DISCUSSION
53-62
APPLICATION FOR LOAN FROM GOVERNMENT
11/19/87
_
COMMISSION FOR FINANCING GUSMAN/OLYMPIA
BUILDING REDEVELOPMENT. (SEE LABEL 79)
19.
ALLOCATE $200,000 FOR CULTURAL EVENTS
R 87-1021
62-64 -
(FESTIVALS).
11/19/87
20.
EMERGENCY ORDINANCE: ESTABLISH SPECIAL
ORDINANCE
64-66 =
REVENUE FUND ENTITLED "MIAMI
10340
COMPREHENSIVE NEIGHBORHOOD PLAN FY 187-
11/19/87
188"; ACCEPT GRANT AWARD FROM FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, AND
'
AUTHORIZE EXECUTION OF NECESSARY
CONTRACTS AND/OR AGREEMENTS.
21.
EMERGENCY ORDINANCE: INCREASE REVENUE
ORDINANCE
66-67 '
TO CORRECT INTEREST EARNINGS BEING
10341
TRANSFERRED TO THE GENERAL FUND, AND
11/19/87
CORRECT COMPUTATIONS.
T
22.
A. ACCEPT $173,000 OF THE $203,000
M 87-1022
67-78 -
EMERGENCY SHELTER GRANT FROM UNITED
FIRST READING
STATES DEPARTMENT OF HOUSING & URBAN
11/19/87
_
DEVELOPMENT (USDHUD) AND AWARD TO NON-
PROFIT AGENCY TO BE DETERMINED BY THE
CITY MANAGER. B. FIRST READING
ORDINANCE: ESTABLISH "EMERGENCY SHELTER
-
GRANT" AND APPRORIATE FUNDS FOR SAME.
23.
EMERGENCY SHELTER GRANT FUNDS FROM US
R 87-1023
79
HUD.
11/19/87
-
24.
TEMPORARILY DEFER CONSIDERATION OF
DISCUSSION
79-80 -
ALLOCATION OF $203,000 EMERGENCY
11/19/87
SHELTER GRANT FUNDS TO SOCIAL SERVICE
AGENCIES (SEE LABEL 62).
25.
ESTABLISH A SPECIAL REVENUE FUND
ORDINANCE
80
ENTITLED "VISIONS 2000 COMMITTEE;"
10342
ACCEPT THE GRANT, AND INCREASE SIZE OF
11/19/87
SAID COMMITTEE.
26.
DISCUSSION: DEVELOPMENT REGIONAL
DISCUSSION
81-82
IMPACT FOR DOWNTOWN, EXTENSION OF
11/19/87
PEOPLE MOVER.
0
27.
PERMIT SALE OF ALCOHOL BY LIQUOR
PACKAGE STORES, NOT FOR CONSUMPTION ON
THE PREMISES, ON ALL SUNDAYS DURING THE
REMAINDER OF NOVEMBER AND DECEMBER.
28.
AMEND SECT101R. 38-49 OF THE CITY CODE
TO ALLOW SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES IN RESTAURANT
FACILITIES AT SPECIAL PARK EVENTS AND
PROGRAMS AT BICENTENNIAL BAYFRONT AND
FORT DALLAS PARKS.
29.
AMEND SECTION 53-161 OF THE CITY CODE
BY ADDING RATES FOR THE NEW EXHIBIT
HALL AT THE MIAMI CONVENTION CENTER.
30.
AMEND SECTION. 1 OF "SOUTHEAST
OVERTOWN/PARKWEST TRUST FUND ORDINANCE"
BY MODIFYING QUANTITY, TYPE AND TIMING
OF PAYMENTS TO CONFORM WITH REVISIONS
IN FLORIDA STATE LAW.
31.
AMEND CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE BY
ESTABLISHING THE "MANUEL ARTIME
RENOVATION PROJECT" WITH FUNDS FROM THE
STATE OF FLORIDA.
32. ESTABLISH APPROPRIATIONS FOR CITY
CAPITAL IMPROVEMENTS.
33.
PRESENTATIONS, PROCLAMA::IONS AND
COMMENDATIONS.
34.
AUTHORIZE 16 SURPLUS GARBAGE TRUCKS AND
8 DUMP TRUCKS TO SISTER CITY OF SANTO
DOMINGO, AND NEGOTIATE A PRICE FOR SAID
EQUIPMENT.
35.
ALLOCATE $196,000 FROM SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND TO LITTLE
HAVANA ACTIVITIES AND NUTRITION CENTERS
OF DADE COUNTY, INC. IN THE FORM OF A
LOAN FOR CAPITAL
IMPROVEMENTS/CONSTRUCTION FOR ITS
ELEDERLY SERVICES PROGRAM.
36.
APPROPRIATING COMMUNITY BLOCK GRANT
REVENUE FUNDS TO BE ALLOCATED IN THE
CITYWIDE DEMOLITION OF SUBSTANDARD
BUILDINGS PROJECT.
37.
AMEND SEC. 54-104 OF THE CITY CODE
ENTITLED "STREETS AND SIDEWALKS," BY
INCREASING THE WIDTH OF NE 32 STREET
BETWEEN BISCAYNE BOULEVARD AND NE 2
AVENUE.
38
UPDATE PROVISIONS RELATED TO CODE
ENFORCEMENT BOARD TO CONFORM WITH
RECENT CHANGES IN STATE LAW.
39.
APPROVE PROPOSALS FOR TOWING AND
WRECKER SERVICES CITYWIDE GENERALLY FOR
THE POLICE DEPARTMENT.
R 87-1024
11/19/87
ORDINANCE
10343
11/19/87
ORDINANCE
10344
11/19/87
ORDINANCE
10345
11/19/87
ORDINANCE
10346
11/19/87
ORDINANCE
10347
11/19/87
PRESENTED
11/19/87
R 87-1025
11/19/87
R 87-1026
11/19/87
ORDINANCE
FIRST READING
11/19/87
ORDINANCE
FIRST READING
11/19/87
ORDINANCE
FIRST READING
11/19/87
R 87-1027
11/19/87
83
83-84
84-85
85-86
86-87
88
89
89
90-91
91
92
92-93
93-102
40.
ACCEPT BID OF MISENER MARINE
R 87-1028
102-106
CONSTRUCTION# INC FOR DINNER KEY MARINA
11/19/87
REDEVELLPMENT-PIER CONSTRUCTION# AND
AUTHORIZE EXECUTION OF CONTRACT WITH
SAID FIRM. (SEE LABEL 6)
41.
RATIFYING ACTIONS OF CITY MANAGER FOR
R 87-1029
106-107
EMERGENCY REPAIRS TO AIR CONDITIONING
11/19/87
UNIT AT POLICE DEPARTMENT BUILDING IN
AMOUNT OF $19,398.00.
42.
APPOINT THELBERT JOHNAKIN AND CARLOS
R 87-1030
107-108
ARBOLEYA TO CITY'S CODE ENFORCEMENT
11/19/87
BOARD,
43.
APPOINT BRUNO BARREIRO, JR AND T.
R 87-1031
108
WILLARD FAIR TO THE HEALTH FACILITIES
11/19/87
AUTHORITY.
44.
APPOINT LUISA B. MURAI TO HERITAGE
R 87-1032
109-110
CONSERVATION BOARD.
11/19/87
45.
APPOINT RON THOMPKINS AND THER.ESA
R 87-1033
111
POLLACK TO BOARD OF TRUSTEES OF MIAMI
11/19/87
GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST.
46.
APPOINT ROSE GORDON TO MIAMI
M 87-1034
111-112
FIREFIGHTERS' AND POLICE OFFIERS'
11/19/87
RETIREMENT TRUST.
47.
SECOND READING ORDINANCE CREATING THE
ORDINANCE
113-134
BAYFRONT PARK MANAGEMENT TRUST
10348
11/19/87
48.
APPROVE IN PRINCIPLE APPLICATION FROM
R 87-1035
135-136
"SMALL BUSINESS OPPORTUNITY CENTER,
11/19/87
INC." FOR ACQUISITION OF PROPERTY AT
1401 AND 1419 W. FLAGLER ST. AND
DIRECTING CITY MANAGER TO APPLY FOR
URBAN DEVELOPMENT ACTION GRANT IN
CONNECTION WITH SAME.
49.
APPROVE IN PRINCIPLE APPLICATION OF
R 87-1036
136
"INTERNATIONAL CAR WASH, INC.", FOR
11/19/87
CONSTRUCTION OF A MIXED -USE SHOPPING
CENTER ON N.W. 54TH STREET AND
DIRECTING CITY MANAGER TO APPLY FOR
URBAN DEVELOPMENT ACTION GRANT IN
CONNECTION WITH SAME.
50.
AUTHORIZE TEMPORARY $128#125 LOAN FROM
R 87-1037
137
DOWNTOWN PEOPLE MOVER EXTENSION PROJECT
11/19/87
DEPOSIT TO ORANGE BOWL STADIUM FOR WORK
ON PRESS BOX ADDITION.
51.
INCREASE CONTRACT WITH COBAD
R 87-1038
138
CONSTRUCTION CORPORATION FOR
11/19/87
CONSTRUCTION OF ORANGE BOWL STADIUM
PRESS BOX.
52.
CONTINUE PUBLIC HEARING CONCERNING
R 87-1039
139
DEVELOPMENT ORDER FOR DOWNTOWN MIAMI
11/19/87
DEVELOPMENT OF REGIONAL IMPACT.
53.
ACCEPT GREATER MIAMI CHAMBER OF
M 87-1040
139-140
COMMERCE'S POSITION REGARDING THE
11/19/87
PEOPLE MOVER (See label 64)
-t =
54.
BRIEF DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
OF PERSONAL APPEARANCE BY CARE TO
11/19/87
REQUEST SUPPORT FOR MIAMI WOMEN'S
ACTION FOR PROGRESS CONFERENCE (See
label 56)
55.
COMMENDATION TO HUBER PARSONS AND CUB
PRESENTED
SCOUT PACK 21.
11/19/87
56.
DENY REQUEST OF CARE FOR SUPPORT FOR
M 87-1041
MIAMI WOMEN'S ACTION 'FOR PROGRESS
11/19/87
CONFERENCE. (See label 54)
57.
DISCUSSION: ONE A"%T REQUEST OF SUPPORT
DISCUSSION
FOR DEAF DANCERS OF AMERICA.
11/19/87
58.
GRANT 12 SURPLUS VEHICLES TO THE SUB-
M 87-1042
COUNCIL FOR CRIME PREVENTION IN LITTLE
11/19/87
HAVANA; RECOMMEND THAT THIS GROUP'S
SERVICES BE EXTENDED TO ASSIST MINI -
STATION SITES.
59.
GRANT 4 SURPLUS VEHICLES TO MODEL
M 87-1043
CITIES RIME PREVENTION SUB -COUNCIL.
11/19/87
60.
CITY ATTORNEY TO REVIEW LEASE WITH
M 87-1044
COCONUT GROVE SAILING CLUB.
11/19/87
61.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
SPECIAL REVENUE FUND ENTITLED
10349
"EMERGENCY SHELTER GRANT" AND
11/19/87
APPROPRIATE FUNDS FOR OPERATION OF SAME
FROM UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (See
label 22)
62.
ALLOCATE $30,000 FROM EMERGENCY SHELTER
R 87-1045
GRANT FUNDS TO SOCIAL ACTION OF LITTLE
11/19/87
HAVANA FOR FOOD DISTRIBUTION FOR
HOMELESS. (SEE LABEL 24)
63.
CONTINUE TO THE REGULAR COMMISSION
DISCUSSION
MEETING OF DECEMBER CONSIDERATION OF
11/19/87
NATIONAL INVESTIGATIVE PANEL'S REPORT
ON ALLEGED DISCRIMINATION IN FIRE
RESCUE AND INSPECTION SERVICES
DEPARTMENT.
64.
ACCEPT POSITION PRESENTED BY GREATER
DISCUSSION
MIAMI CHAMBER OF COMMERCE REGARDING
11/19/87
PROPOSED COMPLETION OF PEOPLE MOVER
(See label 53)
65.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
"ASIAFEST 188 AND REQUEST BY SAID GROUP
11/19/87
TO USE SEVERAL PARK LOCATIONS AND IN -
KIND SERVICES FOR SAID EVENT.
66.
A. CLOSURE OF STREETS TRAFFIC AND
R 87-1046
ESTABLISH A PEDESTRIAN MALL FOR DR.
M 87-1047
MARTIN LUTHER KING BIRTHDAY
11/19/87
FESTIVITIES.(MLK) B. PROVIDE EITHER
IN -KIND SERVICES OR CASH GRANT TO
MARTIN LUTHER KING, JR. PARADE IN
CONNECTION WITH MLK BIRTHDAY
FESTIVITIES.
140
140
141-142
142-143
143-144
144-145
145-149
149-151
152-153
153-154
155
156
156-159
67. ESTABLISH SUPPORT ON RECORD FOR M 87-1048
"ASIAFEST 188" AND WAIVE USER FEE FOR 11/19/87
USE OF BAYFRONT PARK, WATSON ISLAND AND
JOSE MARTI RIVERPARK. (SEE LABEL65)
68. A. CONTINUE EXISTENCE OF PARKS ADVISORY M 87-1049
BOARD AND MAKE CERTAIN ADJUSTMENTS TO M 87-1050
ALLOW COMMISSIONER DEYURRE TO HAVE 11/19/87
ADDITIONAL INPUT ON BOARD. B. APPROVE
IN CONCEPT RECOMMENDATION OF PARKS
ADVISORY BOARD REGARDING $8.3 MILLION
CITYWIDE NEIGHBORHOOD PARKS RENOVATION
PROJECT AND A REDUCTION OF THE THE
TOTAL AMOUNT EARMARKED FOR VIRGINIA
KEY, AND INSTRUCT CITY ADMINISTRATION
TO DEVELOP A MASTER PLAN FOR STAFFING
AND MAINTENANCE OF CITY PARKS.
69. AUTHORIZE $50,000 ALLOCATION (FROM M 87-1051
CONTINGENCY FUND) FOR PLAY EQUIPMENT IN 11/19/87
ALICE WAINWRIGHT PARK.
70. CONTINUE CONSIDERATION OF FUNDING M 87-1052
REQUEST FROM COCONUT GROVE LOCAL 11/19/87
REDEVELOPMENT CORP. FOR ACQUISITION OF
CERTAIN PROPERTY AT GRAND AVENUE AND
DOUGLAS ROAD; DIRECT CITY MANAGER TO
BEGIN NEGOTIATIONS FOR SAID
ACQUISITION, SCHEDULE MEETING WITH AREA
RESIDENTS, AND REPORT TO COMMISSION
WITH COST AND FUNDING INFORMATION.
71. PROVIDE FOR CLOSURE OF DESIGNATED R 87-1053
STREETS FOR A GRAND OPENING ON NOVEMBER 11/19/87
21, 1987, SPONSORED BY MIAMI-INTER-
DESIGN.
72. AUTHORIZE CITY MANAGER TO PREPARE M 87-1054
NECESSARY DOCUMENTATION FOR FUNDING 11/19/87
REQUEST FROM CAREY TECHNICAL INSTITUTE,
INC., (CTI) TO IMPLEMENT THEIR JOB
PLACEMENT PROGRAM AND DESIGNATING
COMMISSIONER PLUMMER AS LIAISON TO
INVESTIGATE POSSIBLE FUNDING THROUGH
STATE SPONSORED PROJECT INDEPENDENCE
PROGRAM
73. DISCUSSION REGARDING THE EXTENT OF THE DISCUSSION
CITY OF MIAMI'S FINANCIAL 11/19/87
RESPONSIBILITY FOR EXPENSES INCURRED BY
THE BLACK MAYORS' CONFERENCE.
74. APPROVE PLAN OF LITTLE HAVANA M 87-1055
DEVELOPMENT AUTHORITY FOR USE OF DOMINO 11/19/87
PARK.
75. AUTHORIZE ADMINISTRATION TO CONDUCT M 87-1056
STUDY REGARDING PROPOSED CITYWIDE STORM 11/19/87
WATER UTILITY PROGRAM.
76. AUTHORIZE CITY MANAGER TO EXECUTE M 87-1057
AMENDED INTERLOCAL AGREEMENT AND 11/19/87
CONTRACT WITH GREATER MIAMI CONVENTION
& VISITORS BUREAU.
159-161
162-175
175-180
180-186
186-187
187-192
192-194
194-198
198-201
202-203
0
0
77.
A. ACCEPT GRANT FROM JAMES L. KNIGHT
M 87-1058
203-207
FOUNDATION FOR A LIGHT TOWER IN
ORDINANCE
BAYFRONT PARK.
10350
B. ESTABLISH "BAYFRONT LIGHT TOWER
R 87-1059
MAINTENANCE TRUST" REVENUE FUND AND
11/19/87
APPROPRIATE $50,000 FOR ITS OPERATION
FROM ROUSE-MIAMI.
C. AUTHORIZE CITY MANAGER TO PURCHASE
COMPUTER CONTROLLED LASER PROJECTION
SYSTEM FOR BAYFRONT PARK FROM SCIENCE
FACTION CORP.
78.
INSTALLATION OF LASER PROJECTION SYSTEM
M 87-1060
207-212
IN SAYFRONT PARK TO BE CONTINGENT UPON
11/19/87
LEGAL SATISFACTION OF THE CITY
ATTORNEY.
79.
MOTION FAILED WHEREBY THE CITY WOULD
DISCUSSION
212-214
MAKE APPLICATION TO THE SUNSHINE FUND
11/19/87
IN THE AMOUNT OF $10,000,000 FOR
FINANCING THE RENOVATION OF GUSMAN HALL
AND THE OLYMPIA BUILDING.
80.
A. REINSTATE POLICY TO PLACE UNDER OATH
M 87-1061
215-255
INDIVIDUALS TESTIFYING IN PLANNING AND
M 87-1062
ZONING ISSUES.
R 87-1063
B. CONTINUE CERTAIN ITEMS TO SPECIAL
11/19/87
MEETING OF DECEMBER 2, 1987.
C. GRANT RENEWAL OF PERMIT FOR 3 YEARS
FOR FLEA MARKET AT FLAGLER DOG TRACK
(WITH CERTAIN CONDITIONS).
81.
CONTINUE ALL ITEMS NOT TAKING UP AT
M 87-1064
255-256
SECOND REGULAR MEETING OF NOVEMBER TO A
11/19/87
SPECIAL COMMISSION MEETING TO BE HELD
ON DECEMBER 2ND.
- MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 19th day of November, 1987, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:08 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
_ An invocation was delivered by Mayor Suarez. Commissioner Plummer then
led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: Mayor Suarez publicly noted that he had awarded special
commendations to two City of Miami undercover police officers in earlier
private ceremonies and acknowledged pride in the ongoing work and achievements
4 of the entire undercover police force.
------------------------------------------------------------------------------
= 1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS
------------------------------------------------------------------------------
1. Key To The City: Awarded to Jose Feliciano, world-renowned Puerto Rican
singer.
2. Speciai Recognition to Celia Fontanele and Lasero Foresked, Miami Herald
syndicated cartoonists, for their humorous and educational keep our City
clean cartoons.
3. Certificate of Commendation: Presented to Ms. Terry Stone, Director of
the Coconut Grove Arts Festival, for having received two awards from the
International Festivals Association.
2. REAFFIRM CITY COMMISSION'S PRIOR COMMITMENT - ALLOCATE $75,000 OF THE
"ART IN PUBLIC PLACES" MONIES TO A SCULPTURING CONTEST AT COCONUT GROVE
ARTS FESTIVAL.
------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, I didn't know that she was going to be here and I had
a pocket item that I'd like to bring up to make this, maybe, a little bit
nicer. You will recall that this Commission made a commitment because this is
the 25th anniversary of the festival, that we were going to do something
special here in the City Hall area and it was in the area of sculpturing. Mr.
Eads has come forth with a brilliant idea that in the redoing of Dinner Key,
we are committed to one and a half percent for art. That's art in public
places as you know. Mr. Mayor, I would like to make a motion at this time
that $75,000 of that money be dedicated to this contest in which the winning
piece of art will be dedicated to the Dinner Key Auditorium. It is money
1 November 19, 1987
we've got to spend anyhow for art in public places. They will be doing seven
presentations for one week building them here in front of City Hall and that
that money would be dedicated to that purpose. It will be more money than the
seventy-five but, at least the seventy-five, so I would make a motion at this
time that of the art in public places money mandated for the renovation of
Dinner Key Auditorium that the City live up to its commitment and make the
seventy-five thousand available for this contest. I so move.
Mayor Suarez: So moved.
Mr. Plummer: Nobody here to second it?
Mr. De Yurre: Second.
UNIDENTIFIED SPEAKER: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-988
A MOTION STIPULATING THAT THE CITY COMMISSION SHOULD
LIVE UP TO ITS PRIOR COMMITMENT AND ALLOCATE $75,000
OF THE "ART IN PUBLIC PLACES" MONIES PREVIOUSLY
EARMARKED FOR THE RENOVATION OF THE COCONUT GROVE
EXHIBITION CENTER, SO THAT THESE MONIES CAN BE
DEDICATED TO A SCULPTURING CONTEST IN CONNECTION WITH
THE COCONUT GROVE ARTS FESTIVAL IN WHICH THE WINNING
PIECE OF ART WILL BE DEDICATED AND GIVEN TO THE
COCONUT GROVE EXHIBITION CENTER.
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.
Mr. Dawkins: How much is the fund altogether? After we give them seventy-
five, what's left?
Mr. Plummer: In that money?
Mr. Dawkins: Yes.
Mr. Plummer: One and one-half percent of $3,000,000.
Mr. Dawkins: One and one-half percent of three million?
Mr. Plummer: Right. That's mandated by the ordinance.
Mr. Dawkins: That's $100,000 - that's $150,000. So we're giving half of it
to them and that leaves half of it for the rest of the City of Miami, is that
right?
Mr. Plummer: No, no, Miller, that is money that Art in Public Places must use
in that facility.
Mr. Dawkins: In...
Mr. Plummer: Correct? Am I correct? Yes, in that facility, OK? In other
words, the county ordinance says you must, of all new construction or
renovation, you must spend 1.5% of that money for Art in Public Places in that
facility. So there will be a remaining $75,000, approxima.ely, that must be
spent for art in public places on the Dinner Key Auditorium when the
43,000,000 is spent.
2 November 19, 1987
0
Mr. Dawkins: OK, I want a bust of Miller Dawkins.
Mr. Plummer: I'm not going to touch that line, not in front of Rosario.
-------------------------------------------------------------------------------
2.1 CONTINUATION OF PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS
------------------------------------------------------------------------------
4. Commendation: Mr. Dan Sleznick (President of the Greater Miami Festival
Association)
5. Certificates of Appreciation: Awarded to Leonard Slater, Glenn Bozell,
Krista Molden, Emilio Pellicer and Mary Cope for their important
contributions to the community as employees of the Department of Solid
Waste.
3. HONOR SECRETARY OF LABOR HUGO MENENDEZ FOR HIS EFFORTS IN ENCOURAGING
GOVERNOR MARTINEZ TO USE TITLE III TO RETRAIN AND RELOCATE EASTERN
AIRLINES EMPLOYEES RECENTLY LAID OFF.
Mr. Dawkins: Mr. Mayor, I have a pocket item, please. I would like to have
this Commission prepare a resolution - where is Mr. Menendez, stand up - I'd
like for this Commission to prepare a resolution for the Secretary of Labor,
Hugo Menendez, and this afternoon I'd like to mail it to him. The Secretary
of Labor, Hugo Menendez, realized that we had a community problem with Eastern
Airlines laying off 1,000 people and he encouraged the Governor to use Title
III funds to retrain and relocate those employees who cannot be absorbed in
the work force here and for that I'd like to send a resolution.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Secretary
of Labor, Hugo Menendez.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-989
A RESOLUTION COMMENDING HUGO D. MENENDEZ, FLORIDA
SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT
SECURITY, FOR HIS ACTIONS IN RECOGNIZING THE MAGNITUDE
OF THIS COMMUNITY'S PROBLEM CREATED BY EASTERN
AIRLINE'S ANNOUNCED LAYOFF OF A THOUSAND EMPLOYEES AND
FOR HIS REQUEST AND RECOMMENDATION TO GOVERNOR BOB
MARTINEZ THAT SWIFT EMERGENCY EXECUTIVE ACTION BE
TAKEN TO ASSIST WITH REEMPLOYMENT AND RETRAINING OF
SAID DISPLACED EASTERN EMPLOYEES.
(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.
APPROVAL OF MINUTES: On motion duly made and seconded, the
minutes of the City Commission Meetings of October 22, 1987 and
November 11, 1987 were unanimously approved.
4. MODIFY CERTAIN COMPENSATION BENEFITS AND EMOLUMENTS TO BE RECEIVED BY
CITY MANAGER CESAR ODIO.
Mayor Suarez: Item one.
Mrs. Kennedy: Mr. Mayor, before we start - my mike is not working.
Mr. Plummer: Here, use mine.
Mrs. Kennedy: I'd like to move the adoption of a resolution amending section
8 of the Resolution number 86-11 adopted January 9, 1986, thereby modifying
certain compensation benefits and emoluments to be received by Cesar Odio as
City Manager of the City of Miami. And with that in mind, he disappeared.
Mr. Dawkins: Second.
Mayor Suarez: Moved, seconded, thirded. Any discussion? Call the roll on
the resolution.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-990
A RESOLUTION AMENDING SECTION 8 OF RESOLUTIONI NO. 86-
11, ADOPTED JANUARY 9, 1986, THEREBY MODIFYING CERTAIN
COMPENSATION BENEFITS AND EMOLUMENTS TO BE RECEIVED BY
CESAR ODIO AS CITY MANAGER 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 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.
------------------------------------------------------------------------------
5. CONSENT AGENDA
------------------------------------------------------------------------------
�I
NOTE FOR THE RECORD: Items 5, 10, 30, 33, and 34 were continued to the next
Commission Meeting.
-i
I
_i Mayor Suarez: OK, 30, 33, and 34 are withdrawn?
Mr. Odio: Yes.
Mr. Dawkins: Why?
I
_( Mayor Suarez: By the administration.
4 November 19, 1987
s �,
Mr. Plummer: Why?
Mr. Dawkins: Why?
Mr. Odio: We - why?
Mr. Dawkins: Why? W - H - Y, why?
Mayor Suarez: On which ones, on the...
Mr. Dawkins: On Off -Street Parking.
Mr. Odio: I believe that we need to hear from the Commission.
Mayor Suarez: Unless you want to approve the members that they have already
nominated...
Mr. Odio: Appoint.
Mayor Suarez: ... which I don't think are the members we want on their board.
Mr. Dawkins: I just want to know why, why?
Mayor Suarez: Jack, let's get that clarified. What the board has done so far
is to renominate the two incumbents on the board, right?
Mr. Jack Mulvena: Excuse me, I'm Jack Mulvena, Department of Off -Street
Parking Executive Director. At the October board meeting, the board....
because two of our appointees needed to be reappointed and before the
Commission...
Mr. Dawkins: Did not need to be, you wanted them to be. There is a
difference. You wanted them to be, they didn't need to be.
Mr. Mulvena: Well, but their term expired the end of this year.
Mr. Dawkins: OK, all right, now, OK, all right.
Mr. Mulvena: So two existing board members were reappointed by the board at
that meeting.
Mr. Dawkins: Were suggested to be reappointed.
Mr. Mulvena: Well, I think...
Mayor Suarez: Or renominated, let's say.
Mr. Dawkins: Now renominated.
Mr. Mulvena: OK, well, renominated, but...
Mr. Dawkins: OK, now, OK.
Mr. Mulvena: And then it comes before the Commission for ratification. The
board does appoint and the Commission ratifies the board appointments.
Mr. Plummer: The board does not ratify and ask for more names.
Mr. Mulvena: Oh, yes, yes, the Commission ratifies or asks for more names,
I'm just putting it in perspective, that's the reason I believe the City
Manager wanted to remove it because here were two appointments before you for
ratification and, I believe there was another name suggested by a Commissioner
so we wanted a month to go back to the board and reexamine what the wishes of
the Commission might be.
Mayor Suarez: There's been one individual also from DMBA who has been
agitating to see if he gets appointed too. I think, Braslasky, Mike, -------
Mr. Dawkins: Madam City Attorney.
Mrs. Dougherty: Yes, sir.
5 November 19, 1987
Mr. Dawkins: Legally, is he saying that whatever the board recommends I, as a
Commissioner, cannot make another recommendation from the floor, from here?
Mr. Plummer (Off mike): That's true. You cannot...
Mrs. Dougherty: You can make a recommendation, however, it is not effective
unless they also recommend it to you. In other words, you have to confirm
their recommendation.
Mr. Dawkins: But I can suggest to them who I want confirmed.
Mrs. Dougherty: Certainly.
Mr. Dawkins: OK, it's no problem. OK, thank you, I just needed to know why.
Mayor Suarez: You do have the correspondence from the Manager...
Mr. Mulvena: We do.
Mayor Suarez: ... related to the nomination or proposal by Commissioner
Dawkins of Larry Hamfield.
Mr. Mulvena: We have that and we'll put the issue before the board at the
next board meeting.
Mr. Dawkins: OK.
Mayor Suarez: You can tell them for me that I strongly recommend that one
too, Jack and I...
Mr. Mulvena: Very happy to, yes.
Mr. Dawkins: OK, OK, thank you.
Mr. Mulvena: You're welcome.
Mr. Dawkins: I just needed to know why, that's all.
Mayor Suarez: OK, so we have items 30, 33, and 34 are withdrawn by the
administration. Which ones want to be pulled out?
Ms. Hirai: Mr. Mayor, I would like to place on the record a memorandum that
we received from the City Manager earlier on and there are a few other items
that have been withdrawn. It's 33, 34, 67, 68...
Mayor Suarez: We're only dealing with the Consent Agenda and we got 33 and 34
already withdrawn.
Ms. Hirai: Oh, I'm sorry.
Mayor Suarez: OK, any other items that want to be pulled?
Mr. Dawkins: Pull nine.
Mrs. Kennedy: I said five and ten.
Mayor Suarez: Nine and ten, Commissioner Kennedy?
Mrs. Kennedy: No, no, five and ten.
—J
Mayor Suarez: Five and ten, I'm sorry.
—� Mr. Dawkins: Nine, 17, 18, 21, that's it.
-I Mayor Suarez: OK, any other Commissioners? Lori?
-i
—� Ms. Lori Weldon: Eleven.
Mayor Suarez: We're going to pull item 11 to be considered separately at the
request of Ms. Weldon. Anyone else from the general public? We're going to
vote now on items 5 through 34 which comprise the Consent Agenda with the
exceptions of items 5, 9, 10, 11, 17, 18, 21, 30, 33 and 34. If there's
6 November 19, 1987
anyone that wishes to be heard on any of those items with those exceptions =
mentioned, please step forward. Let the record - yes, sir.
Mr. Plummer: Mr. Mayor, pull 16.
Mayor Suarez: I'm sorry, Commissioner.
Mr. Plummer: Sixteen.
Mayor Suarez: OK and by the way, 16 has been modified and since it's being
pulled, we can get into the modification. Item 8 is included in the vote and
that also has been modified so we have to reflect that it's the vote on it as
modified. Ma'am?
Ms. Jolita Dorsett: Jolita Dorsett, 725 N.W. 124th St. I'm executive
director of Tri-City Community Association. I wanted to speak to item number
ten.
Mr. Dawkins: Ten?
Mayor Suarez: OK, we've pulled that...
Mr. Plummer: It's already been pulled.
Mayor Suarez: ... so you'll be able to address that.
Mrs. Kennedy: I pulled that one so you have a chance to speak.
Mayor Suarez: We have pulled that as a separate item, we'll be getting to it
separately.
Ms. Dorsett: OK.
Mayor Suarez: OK, anyone else from the general public?
Mr. Bernard Williams: Bernard Williams, Thomas Maintenance Services. This is
in reference to item number seven.
Mr. Dawkins: Seven?
Mayor Suarez: Seven. We will pull item seven. OK. With the exception of
the items ;.:nntioned, we're voting on items 5 through 34 which are the Consent
Agenda and I'll go through them one more time. The ones that have been pulled
or withdrawn are 5, 7, 9, 10, - I'm sorry, 8, 10, 11, 16, 17, 18, 21, 30, 33,
and 34, with those exceptions.
Mr. Plummer: So moved.
Mayor Suarez: Roy.
Mrs. Kennedy: Second.
Mr. Roy Kenzie: It's 5 through 43, not 5 through 34 in the Consent Agenda.
Mayor Suarez: Five through forty-three, thank you. With those exceptions,
does anyone wish to be heard on these items for or against? Let the record
reflect no one stepped forward and I'll entertain a motion. Do we have a
motion already?
Mrs. Kennedy (Off mike): Yes, we do.
_j Mayor Suarez: A motion and a second already.
11' Ms. Hirai: Yes, sir.
Mayor Suarez: Any discussion? Call the roll on the Consent Agenda.
Thereupon, the City Commission on motion duly made by Commissioner
Plummer and seconded by Commissioner Kennedy, adopted the hereinbelow
resolutions by the following vote:
-1
7 November 19, 1987
N
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: Hold it, did I pull 157
Mayor Suarez: Nope.
Mr. Dawkins: Pull 15.
Mayor Suarez: Make that an additional item pulled and not comprised in this
vote. Did you complete the roll call?
Ms. Hirai: Yes, sir.
5.1 ACCEPT BID OF SOUTH FLORIDA MAINTENANCE SERVICES, INC. FOR FURNISHING
GENERAL CLEANING SERVICES FOR CITY MARINAS
RESOLUTION NO. 87-991
A RESOLUTION ACCEPTING THE BID OF SOUTH FLORIDA
MAINTENANCE SERVICES, INC. FOR FURNISHING GENERAL
CLEANING SERVICES FOR THE CITY MARINAS ON A CONTRACT
BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES AT A TOTAL PROPOSED FIRST YEAR COST OF
$48,375.60; ALLOCATING FUNDS THEREFOR FROM THE 1987-
88 MARINAS ENTERPRISE FUND, MIAMARINA ACCOUNT CODE
580404-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE, SUBJECT TO THE AVAILABILITY
OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.2 ACCEPT BID OF DINET, INC. FOR FURNISHING EIGHT (8) CALL CHECK RECORDERS
TO POLICE DEPARTMENT FOR THE 911 EMERGENCY SYSTEM.
RESOLUTION NO. 87-992
A RESOLUTION ACCEPTING THE BID OF DINET, INC. FOR
FURNISHING EIGHT (8) CALL CHECK RECORDERS FOR THE
911 EMERGENCY SYSTEM TO THE DEPARTMENT OF POLICE AT
A TOTAL PROPOSED COST OF $13,440.00; ALLOCATING
FUNDS THEREFOR FROM THE POLICE DEPARTMENT CAPITAL
IMPROVEMENT PROJECT 312010 INDEX CODE 299401-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT; FURTHER APPROVING THE CHIEF
PROCUREMENT OFFICER'S DECISION TO REJECT A PROTEST
RECEIVED IN CONNECTION WITH SAID PROJECT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8
November 19, 1987
0
5.3 AMEND SEPTEMBER 13, 1982, AGREEMENT WITH MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION, INC. TO DEFER PAYMENTS TO CITY OF MIAMI FOR A
PERIOD OF THREE YEARS.
RESOLUTION NO. 87-993
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
THE MEMORANDUM OF AGREEMENT DATED SEPTEMBER 13,
1982, BETWEEN THE CITY OF MIAMI AND THE MARTIN
LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, INC.
(MLKEDC) DEFERRING IT YEARLY PRINCIPAL AND INTEREST
PAYMENTS IN THE AMOUNT OF THIRTY-THREE THOUSAND ONE
HUNDRED FORTY-EIGHT DOLLARS ($33,148) FOR A PERIOD
OF THREE (3) YEARS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.4 EXECUTE AGREEMENT WITH CELLAR DOOR CONCERTS, INC. FOR DECEMBER 3, 1987
ORANGE BOWL APPEARANCE OF "U2".
RESOLUTION NO. 87-994
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND CELLAR DOOR
CONCERTS, INC. FOR THE USE OF THE ORANGE BOWL
STADIUM FOR A CONCERT FEATURING "U2" ON DECEMBER 3,
1987.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.5 APPROVE ADMISSION OF NEW MEMBERS TO SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION.
RESOLUTION NO. 87-995
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, APPROVING THE ADMISSION OF NEW
MEMBERS TO THE SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.6 ALLOCATE AN ADDITIONAL AMOUNT UP TO $250,000 FOR CONTINUED FUNDING OF
FORFEITURE FUND DETAIL.
RESOLUTION NO. 87-996
A RESOLUTION AMENDING SECTIONS 1-5 OF RESOLUTION NO.
86-665, ADOPTED SEPTEMBER 11, 1986, THEREBY
ALLOCATING AN ADDITIONAL AMOUNT NOT TO EXCEED TWO
HUNDRED FIFTY THOUSAND DOLLARS ($250,000) FROM THE
CITY OF MIAMI LAW ENFORCEMENT TRUST FUND AND BY
AUTHORIZING CONTINUED FUNDING OF THE ACTIVITIES OF
THE FORFEITURE FUND DETAIL, WITH THE COSTS AND
EXPENSES FOR SUCH ACTIVITIES TO BE EXPENDED BY THE
_ CITY MANAGER AFTER 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.)
9
November 19, 1987
5.7 ALLOCATE UP TO $14,000 FROM QUALITY OF LIFE FUND TO SUPPORT 1988
SUNSHINE STATE GOLDEN GLOVES BOXING TOURNAMENT.
RESOLUTION NO. 87-997
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$14,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY
OF LIFE FUND TO COVER CITY COSTS AND EXPENSES IN
SUPPORT OF THE SUNSHINE STATE GOLDEN GLOVES BOXING
TOURNAMENT, TO BE HELD APRIL 20 THROUGH 23, 1988, AT
THE COCONUT GROVE EXHIBITION CENTER; SUBJECT TO AND
CONTINGENT UPON THE CITY'S CONTINUED CONTROL. OVER
SAID PROGRAM, AND UPON THE SPONSOR'S 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.)
5.8 RECOGNIZE TAX EXEMPT STATUS OF GOOD NEWS LITTLE RIVER BAPTIST CHURCH AND
AUTHORIZE REIMBURSEMENT OF PROPERTY TAXES.
RESOLUTION NO. 87-998
A RESOLUTION RECOGNIZING THE TAX-EXEMPT STATUS
CLAIMED BY GOOD NEWS LITTLE RIVER BAPTIST CHURCH IN
SUPPORT OF ITS REQUEST FOR RETURN OF MONIES PAID BY
IT BECAUSE OF ITS FAILURE TO TIMELY FILE APPLICATION
FOR TAX-EXEMPT STATUS OF CHURCH PROPERTY LOCATED
WITHIN THE CITY OF MIAMI; AUTHORIZING AND
INSTRUCTING THE FINANCE DIRECTOR TO PAY TO SAID
CHURCH THE AMOUNT OF $13,273.53, SAID SUM BEING
CONFIRMED AS THE AMOUNT TO BE RECEIVED BY THE CITY
AS A RESULT OF THE CHURCH'S NONCOMPLIANCE WITH THE
FILING DEADLINE; FURTHER ALLOCATING SAID SUM FROM
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.9 AUTHORIZE ONE-YEAR PERMIT TO JET FUN SPORTS, INC. FOR USE OF WOODEN
PIERS AND BAY BOTTOM ADJACENT TO MIAMI MARINE STADIUM FOR A MINI -BOAT
RENTAL OPERATION.
RESOLUTION NO. 87-999
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
ONE-YEAR REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO JET FUN SPORTS, INC., FOR THE
USE OF THE WOODEN PIERS AND BAY BOTTOM AREA
IMMEDIATELY ADJACENT TO THE MIAMI MARINE STADIUM,
FOR A MINI -BOAT RENTAL OPERATION, FOR A YEARLY FEE
OF $6,000, PAYADLE IN MONTHLY INSTALLMENTS; SAID
PERMIT SHALL BE RENEWABLE ANNUALLY AT THE CITY
MANAGER'S DISCRETION, WITH A PROVISION FOR
RENEGOTIATING THE ANNUAL FEE WITH EACH RENEWAL
OPTION.
(Here follows body of resolution, omitted here and
i on file in the Office of the City Clerk.)
i
�i
�I
i
I
10 November 19, 1987
-�i
5.10 ACCEPT DONATION OF TENNANT TRAILBLAZER ALL TERRAIN SWEEPER FROM TENNANT
CORPORATION FOR USE BY DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES
RESOLUTION NO. 87-1000
A RESOLUTION ACCEPTING THE DONATION OF A TENNANT
TRAILBLAZER ALL TERRAIN SWEEPER VALUED AT $35,000
FROM THE TENNANT CORPORATION FOR USE BY THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.11 AUTHORIZE ISSUANCE OF RFP'S FOR COMPUTER HARDWARE AND SOFTWARE TO
OPERATE CITY OF MIAMI GEOGRAPHIC INFORMATION SYSTEM; APPOINT.
RESOLUTION NO. 87-1001
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A REQUEST
FOR PROPOSALS FOR THE COMPUTER HARDWARE AND SOFTWARE
NECESSARY TO OPERATE THE CITY OF MIAMI GEOGRAPHIC
INFORMATION SYSTEM; APPOINTING SERGIO RODRIGUEZ,
DIRECTOR, PLANNING DEPARTMENT, AS CHAIRPERSON FOR
THE COMPETITIVE SELECTION AND NEGOTIATION COMMITTEE,
IN ACCORDANCE WITH ORDINANCE NO. 8965, ADOPTED JULY
23, 1979, WHICH ORDINANCE ESTABLISHED PROCEDURES FOR
COMPETITIVE NEGOTIATION REQUIREMENTS WITH REGARD TO
THE FURNISHING OF SUCH PRODUCTS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.12 APPROVE RESIGNATION OF SECTIONS OF STATE ROAD 9-A (I-95) AS LIMITED
ACCESS FACILITY AND TO NOTIFY STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION OF SAME.
RESOLUTION NO. 87-1002
A RESOLUTION APPROVING DESIGNATION OF STATE ROAD 9-
A, SECTION 87270-2508, LOCATED WITHIN THE
INCORPORATED LIMITS OF THE CITY OF MIAMI, FLORIDA,
AS A LIMITED ACCESS FACILITY; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS
RESOLUTION TO THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.13 AUTHORIZE ACCEPTANCE OF THIRTY-TWO (32) DEEDS FOR HIGHWAY DEDICATION
PURPOSES.
RESOLUTION NO. 87-1003
i A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE
CITY OF MIAMI TO ACCEPT THIRTY TWO (32) DEEDS OF
DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE
RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
,i (Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
I
=1
—i
�j 11 November 19, 1987
1
a
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5.14 AUTHORIZE ACCEPTANCE OF PLAT FOR BAY HEIGHTS GROVES.
RESOLUTION NO. 87-1004
A RESOLUTION ACCEPTING THE PLAT ENTITLED BAY HEIGHTS
GROVES, A SUBDIVISION IN THE CITY OF MIAM1; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; 'IND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.15 EXECUTE ESTOPPEL CERTIFICATE FOR BAYSIDE CENTER LIMITED PARTNERSHIP AS
REQUIRED FOR CLOSING OF PERMANENT LOAN.
RESOLUTION NO. 87-1005
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE THE ESTOPPEL CERTIFICATE, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR BAYSIDE
CENTER LIMITED PARTNERSHIP AS A REQUIREMENT OF ITS
LENDER FOR THE CLOSING OF ITS PERMANENT LOAN.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.16 AUTHORIZE EXPANSION OF COMMUNITY DEVELOPMENT ADVISORY BOARD TO EIGHTEEN
MEMBERS AND PROVIDING FOR A CHANGE IN TERMS OF MEMBERSHIP.
RESOLUTION NO. 87-1006
= A RESOLUTION AMENDING SECTION 2 AND SECTION 3 OF
RESOLUTION NO. 86-47 ADOPTED JANUARY 23, 1986, TO
PROVIDE AN EXPANSION OF THE COMMUNITY DEVELOPMENT
ADVISORY BOARD FROM THIRTEEN TO EIGHTEEN MEMBERS
PROVIDING EACH COMMISSIONER WITH TWO APPOINTMENTS TO
THE COMMUNITY DEVELOPMENT ADVISORY BOARD AND ALSO
FOR A CHANGE IN THE TERMS OF MEMBERSHIP FROM
SEPTEMBER 1, 1987 THROUGH SEPTEMBER 1, 1989.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.1.7 AUTHORIZE SECURING OPTION TO PURCHASE PROPERTY AT 401 BRICKELL AVENUE AT
A PRICE NOT TO EXCEED APPRAISED VALUE AND TO FURTHER INVITE BIDS FOR
PURCHASE OF CITY OWNED BRICKELL PARK.
RESOLUTION NO. 87-1007
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SECURE
AN OPTION TO PURCHASE THE PROPERTY LOCATED AT 401
BRICKELL AVENUE AT A PURCHASE PRICE NOT TO EXCEED
ITS APPRAISED VALUE; FURTHER AUTHORIZING THE CITY
MANAGER TO ISSUE AN INVITATION TO BID FOR THE
PURCHASE OF CITY OWNED BRICKELL PARK AT 501 BRICKELL
AVENUE AT A PRICE NOT LESS THAN ITS APPRAISED VALUE
OR FOR SIMILARLY SITUATED AND SIZED LAND OF EQUAL OR
GREATER VALUE IN THE BRICKELL AREA SUITABLE FOR PARK
DEVELOPMENT, SUBJECT TO COMPLIANCE WITH ALL
APPLICABLE LAW INCLUDING ALL LEGAL REQUIREMENTS FOR
THE SALE OF CITY OWNED PROPERTY AS SPECIFIED IN THE
CODE AND CHARTER.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
12 November 19, 1987
V
5.18 AUTHORIZE DECLARATION OF FEE SIMPLE TITLE TO CITY -OWNED PROPERTY KNOWN
AS BRICKELL PARK AND CONTIGUOUS MAUSOLEUM AND BURIAL GROUNDS.
RESOLUTION NO. 87-1008
A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY
ATTORNEY'S OFFICE TO INSTITUTE A QUIET TITLE ACTION
TO DECLARE FEEL SIMPLE TITLE IN THE CITY, FREE AND
CLEAR FROM ALL RESTRICTIONS, REVERTERS AND
ENCUMBRANCES, FOR THE PROPERTY LOCATED ON THE EAST
SIDE OF BRICKELL AVENUE KNOWN AS BRICKELL PARKS, AND
CONTIGUOUS VACANT MAUSOLEUM AND PRIVATE BURIAL
GROUND PROPERTY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.19 CONFIRMING CITY ATTORNEY'S USE OF COUNTY ATTORNEY'S LEGAL SERVICES IN
ACQUISITION OF LAND NEEDED BY THE CITY AND PARTICULARLY PROPERTY NEEDED
FOR THE SOUTHEAST OVERTOWN COMMUNITY REDEVELOPMENT PLAN; FURTHER,
SETTING FEES FOR SUCH SERVICE.
RESOLUTION NO. 87-1009
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY ATTORNEY'S USE OF LEGAL SERVICES PROVIDED BY
THE COUNTY ATTORNEY'S OFFICE IN THE ACQUISITION OF
TITLE TO LAND NEEDED BY THE CITY FROM TIME TO TIME
AND, IN PARTICULAR, THE PROPERTY LOCATED AT 104 N.W.
1ST AVENUE NEEDED FOR IMPLEMENTATION OF THE
SOUTHEAST OVERTOWN COMMUNITY REDEVELOPMENT PLAN, AS
AMENDED, WITH THE EXTENT OF SUCH SERVICES LEFT TO
THE JUDGEMENT OF THE CITY ATTORNEY AND WITH
COMPENSATION FOR SUCH SERVICES BEING AUTHORIZED AND
LIMITED TO THE FOLLOWING AMOUNTS BASED ON THE
APPRAISED VALUE OF PROPERTY BE ACQUIRES: 1%, IF
TITLE IS ACQUIRED BEFORE CONDEMNATION ACTION IS
INSTITUTED; 1 1/2X0 IF TITLE IS ACQUIRED AFTER
ACTION IS INSTITUTED AND THROUGHOUT ALI. LITIGATION
—_
ACTIVITY AT THE TRIAL COURT LEVEL BEFORE SETTLEMENT
OF THE CONDEMNATION ACTION; 2% IF TITLE IS ACQUIRED
AND APPELLATE COURT PROCEEDINGS ARE NECESSARY BEFORE
SETTLEMENT OF THE CONDEMNATION ACTIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.20 APPROVE USE OF CERTAIN STREETS DURING DECEMBER 6, 1987 10K ROAD RACE
SPONSORED BY THE MIAMI RUNNERS CLUB.
RESOLUTION NO. 87-1010
A RESOLUTION APPROVING THE USE OF CERTAIN STREETS
AND THOROUGHFARES DURING THE IOK ROAD RACE TO BE
CONDUCTED BY THE MIAMI RUNNERS CLUB ON DECEMBER 6,
1987 BETWEEN THE HOURS OF 5:00 A.M. AND 12:00 NOON.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13 November 19, 1987
��
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5.21 PROVIDING FOR CLOSURE OF CERTAIN STREETS FOR COCONUT GROVE WAITERS RACE
ON NOVEMBER 22, 1987 CONDUCTED BY COCONUT GROVE MARKETING, INC.
RESOLUTION NO. 87-1011
A RESOLUTION CONCERNING THE COCONUT GROVE WAITER'S
RACE TO BE CONDUCTED BY THE COCONUT GROVE MARKETING,
INC. ON NOVEMBER 22, 1987 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; CONDITIONED
UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED
AGAINST ANY POTENTIAL LIABILITY AND UPON THE
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES BEYOND THOSE ALLOCATED BY RESOLUTION NO.
87-963.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.22 AUTHORIZING CLOSURE OF STREETS FOR SUNSTREET FESTIVAL DECEMBER 5 AND 6,
1987, AND SALE OF BEER AND WINE DURING SAID EVENT.
RESOLUTION NO. 87-1012
A RESOLUTION CONCERNING THE SUNSTREET FESTIVAL TO BE
CONDUCTED BY THE SUNSTREET FESTIVAL COMMITTEE, INC.
TO BE HELD DECEMBER 5 AND 6, 1987, 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 INSPECTIONS SERVICES;
AUTHORIZING A TWO-DAY PERMIT TO SELL BEER AND WINE
IN CONNECTION WITH SAID EVENT SUBJECT TO THE
ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER
ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS
DURING THE PERIOD OF THE EVENT; CONDITIONED UPON THE
REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST
ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING
FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED
WITH SAID EVENT BEYOND THE FUNDING PROVIDED BY
FESTIVAL ORDINANCE NO. 10206.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.23 PROVIDING FOR CLOSURE OF CERTAIN STREETS FOR CIRCUS ROYALE TO BE
CONDUCTED BY GUSMAN CULTURAL CENTER, NOVEMBER 22, 1987.
RESOLUTION NO. 87-1013
A RESOLUTION CONCERNING THE CIRCUS ROYALE TO BE
CONDUCTED BY THE GUSMAN CULTURAL CENTER ON NOVEMBER
22, 1987, AS PART OF THE SERIES EIGHT SINGULAR
SENSATIONS PROVIDING FOR THE CLOSURE OF DESIGNATED
STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; CONDITIONED
UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED
AGAINST ANY POTENTIAL LIABILITY AND UPON THE
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
14 November 19, 1987
5.24 APPROVE DONATION OF SURPLUS POLICE AUTOMOBILES AND MOTORCYCLES TO THE
CITY OF SWEETWATER, FLORIDA.
RESOLUTION NO. 81-1014
A RESOLUTION APPROVING THE DONATION OF SURPLUS
POLICE AUTOMOBILES AND SURPLUS POLICE MOTORCYCLES TO
THE CITY OF SWEETWATER, FLORIDA, TO BE UTILIZED BY
ITS POLICE DEPARTMENT; FURTHER RATIFYING, APPROVING
AND CONFIRMING AN APRIL, 1987 TRANSFER OF OTHER SUCH
EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.25 ALLOCATE UP TO $50,000 TO PARTIALLY COVER RENTAL OF THE COCONUT GROVE
EXHIBITION CENTER FOR THE ANTIQUE AND JEWELRY SHOWS SPONSORED BYCOCONUT
GROVE CARES, INC.
RESOLUTION NO. 87-1015
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$50,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, TO PARTIALLY COVER THE RENTAL OF
THE COCONUT GROVE EXHIBITION CENTER FOR THE ANTIQUE
_ AND JEWELRY SHOWS PRESENTED BY COCONUT GROVE CARES,
INC., AT A RATE OF $5,000 PER HOW FOR EACH OF TEN
(10 ) SHOWS TO BE HELD DURING THE PERIOD OCTOBER 1,
1987 THROUGH SEPTEMBER 30, 1988, SAID ALLOCATION
BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
ADMINISTRATIVE POLICY NO. APM 1-84 DATED JANUARY 24,
® 1987.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6. TEMFORARILY DEFER CONSIDERATION OF PROPOSED ACCEPTANCE OF BID OF MISENER
MARINE CONSTRUCTION, INC., FOR DINNER KEY MARINA REDEVELOPMENT - PIER
CONSTRUCTION. (SEE LABEL 40)
Mayor Suarez: Item five.
Mrs. Kennedy: OK, Mr. Mayor, I pulled that because at the last Commission
Meeting we received a letter from Pavorini Construction saying that their base
bid was $7,197,000 plus the combination for the rib wrap gave him a total bid
of $7,305,000 which still made them the lowest bidder. However, going over
the proposal on page two, the figure of $7,197,000 was scratched out; on top
of it was written $7,356,295 and Pavorini Construction's were not initialled
and I would like to find out why. Usually, when you have a bid change you ask
the other company to initial the changes.
Mayor Suarez: And tell us, Don as you answer that question if we can expect
legal problems from this.
Mrs. Kennedy: And it's done again on page 2-A; for all costs of mobilization
and other project overhead expenses, the lump sum of 4309,000, it was
completely scratched out and a figure of $478,000 was written on top of it.
Again, no changes from Pavorini.
Mr. Don Cather: Those changes made in Pavorini's bid were their changes.
They're the ones that changed the bid.
Mayor Suarez: Have they made formal allegations that they did not make those
changes and that someone...
#P
Mayor Suarez: Do we have anything from them in writing that indicates that =
they feel that those changes were made by someone other than themselves?
Mr. Cather: What the law says is that the sum of each individual item shall
make up the bid total and that is what we control the bid by. The base bid of
Misener, the low bidder, was $7,174,588. The sum of the items bid by
Pavorini/Alpha Marine is $7,356,295.
Mayor Suarez: Did they indicate otherwise when they made their bid?
Mr. Cather: What do you mean, did they indicate otherwise?
Mayor Suarez: Did they have a different total?
Mr. Cather: Yes, they did have a different total because of that change they
made never corrected their total.
Mayor Suarez: We corrected their total.
Mr. Cather: Yes.
Mrs. Kennedy: Don, but I spoke to the controller of the company yesterday
because I was very confused and he said that he didn't know whether this
figure of the $7,356,295 came from. He was very surprised actually.
Mr. Cather: He was actually surprised at what?
Mrs. Kennedy: That this figure was there, the seven three... and, in fact,
they're here today and I would like...
Mr. Cather: You mean the top item there that has been scratched out?
Mrs. Kennedy: Right.
Mr. Cather: Well, that's the way he put the bid in. We have not altered;
what he is saying is, is we have altered his bid document?
Mr. Dawkins: That's what he's saying.
Mayor Suarez: That's why I asked. Do we have anything in writing from them?
Any formal protest to the effect that they think, or they allege, that we
altered in any way their bid?
Mr. Cather: We have no... they have stated that according to their numbers,
the total used in their total bid, if you add on the rib wrap that then they
would be the low bidder and not Misener Marine. However, even if they were
the low bidder, I would not accept that firm.
Mayor Suarez: For the reason?
Mr. Cather: For the reason that they are now presently forbidden to bid in
Broward County and that there have - that I furnished the law department with
a bunch of other information and I believe under our present City code, they
would not be allowed to bid.
Mr. Dawkins: In other words, what you're saying is, they were low but not
responsive. Is that what you're saying?
Mr. Cather: Not responsible.
Mr. Dawkins: No, responsive. They say we must take the low and responsive
bid. Is that what the law says?
Mr. Cather: Yes.
Mr. Dawkins: And according to your determination, although they were low,
they were not low and responsive. Is that what you're saying?
Mr. Cather: No, sir, it is not.
Mr. Dawkins: What are you saying?
16 November 19,'1987
Mr. Cather: I do not say that they are the low bidder.
Mr. Dawkins: Um hum.
Mr. Cather: I am awarding it to the low bidder.
Mr. Dawkins: OK.
Mr. Cather: I've said, if they were the low bidder, that I would not accept
this firm.
Mr. Dawkins: OK.
Mr. Plummer: Why?
Mrs. Kennedy: Well, these are pretty serious charges and we should find out
why, yes.
Mr. Plum:;ner (Off mike): Why? Why didn't we accept this firm?
Mr. Cather: Because of information furnished to the law department and the
section of the code that states that they cannot be under any sort of
difficulties in other areas, which they are presently now forbidden to bid in
Broward County.
Mayor Suarez: Can we get that on the record, what section of the code he's
referring to, Madam City Attorney? _
Mrs. Dougherty: I am not personally familiar with the information sent to our -
department. _
Mr. Plummer: Who did you give it to in the law department?
Mr. Cather: I'm thinking about who it was. It was either Martha Fornaris or
John Copeland. Bob Clark, I think, has seen all the information. It's a file
an inch thick.
Mr. Bob Clark: I don't believe the law department has been furnished
information with respect to the Broward County matter. -
Mr. Cather: What's that?
Mr. Clark: I don't believe the law department has been furnished the
information as to the Broward County - at least I'm not aware of that.
Mr. Cather: Yes, it has, sir.
Mr. Clark: It has. Well, then it's either one or the other staff members
that you mentioned.
Mayor Suarez: So you're saying there's two reasons why they would not qualify
as the lowest bidder. One is that they're not the lowest bidder and the other
one is that they are not responsible bidders.
Mr. Cather: That is correct.
Mrs. Dougherty: Mr. Mayor, would you like to continue this item and give us a
chance to research it?
Mayor Suarez: It would make a lot of sense to me to table it for at least the
rest of the morning until we get all of our information here.
Mrs. Dougherty: We can make a recommendation to you.
Mr. Plummer: Well, but wait a minute, before you do that, let's make sure
that we're looking at everything so that when you come back, we don't have to
look at it again. There's a very heavy accusation being made here; at least
contended to me...
Mrs. Kennedy: Right.
17 November 19, 1987
Mr. Plummer: ... is that these bids were changed by the Public Works
Department and not by the company. And I think you need to look into that
just as heavy as to the other situation as to whether or not they have
documents showing their bid papers not being changed and then their having
copies showing where the numbers have been changed with initials put by the
numbers which they contend are not anyone in their organization.
Mr. Cather: There are no initials by that correction.
Mr. Plummer, Sir, I... sorry, Don, I saw it with these two eyes. There are
initials by that cross out. And that's... I'm saying...
Mr. Cather: That cross out initialed is by our people not them.
Mr. Plummer: Well, that's their contention; that you changed the numbers.
Mr. Odio: The totals did not add up.
Mr. Plummer: Cesar...
Mr. Odio: I see what you mean, Commissioner.
Mr. Plummer: ... I'm not an investigator.
Mr. Odio: No, no.
Mr. Plummer: I'm saying these are the allegations...
Mr. Odio: Yes, sir.
Mr. Plummer: ... and that when you defer this matter to look into it, also
look into this other matter. OK?
Mr. Odio: The problem is, Commissioner, that we are delaying the construction
one more time of the marina.
Mr. Plummer: No, sir, that's not what we're doing.
Mr. Odio: I want...
Mr. Plummer: We are speaking to the integrity of the bidding procedure...
Mr. Odio: Yes.
Mr. Plummer: ... of the City of Miami.
Mr. Odio: But we're quite sure...
Mr. Plummer: OK, that's what we're talking to.
Mr. Odio: I know it.
Mr. Plummer: And if this project gets delayed for six months to protect the
integrity of this City, so be it.
Mr. Odio: OK, Commissioner, I just...
Mr. Plummer: The Mayor said, hopefully we'll come back this afternoon.
Mr. Odio: Can we do that?
Mr. Plummer: Yes, he said to defer it the rest of the morning to give the
City Attorney the time to look into the matter.
Mayor Suarez: Tabled until we can get all that information.
Mr. Plummer: And if it is resolved, we'll settle it this afternoon. If not,
then let's...
Mayor Suarez: I presume you represent one of the affected companies?
Mr. Eugene Maro: I represent Pavorini Construction Company.
18 November 19, 1987
f
Mr. Plummer: Fish or cut bait.
Mr. Maro: My name is Eugene Maro and I live at 1100 S. W...
Mr. Plummer: Whoa, whoa, whoa, whoa - whoa. Mr. Mayor, if we're going to
defer it... —
Mayor Suarez: No, no, I'm just going to put on the record who he was and why
he was standing up at the mike. I don't...
Mr. Plummer: Oh, OK. _
Mr. Maro: Excuse me?
Mayor Suarez: Yes, just go ahead and give us your name and what company you
represent.
Mr. Maro: My name is Eugene Maro. I live at 1100 S. W. 96th Avenue. I am
the controller and chief financial officer of Pavorini Construction Company.
Mayor Suarez: Check with the City Clerk between now and when we take this
item up again in the afternoon as to whether you should register as a
lobbyist. I don't know, your category sounds quite interesting to me. As a
controller, you are paid so in a sense you're being paid to be here. So you
might want to check that with her and fill out the appropriate forms. OK,
we'll take the matter up later on in the day, hopefully at the beginning of
the afternoon.
Mr. Mora: OK, well thank you.
------------------------------------------------------------------------------
7. DISCUSSSION AND WITHDRAWAL OF BID ACCEPTANCE OF SOUTH FLORIDA
MAINTENANCE SERVICES FOR MAINTENANCE AT COCONUT GROVE EXHIBITION CENTER.
Mayor Suarez: Item seven.
Mr. Plummer: Who pulled it? Oh.
Mr. Dawkins: He did.
Mayor Suarez: Sir, go ahead, give us your name, who you represent.
Mr. Bernard Williams: Yes, Bernard Williams. I'm project manager for Thomas
Maintenance Services. Our contention with this project was that we were
eliminated from this bid, although we were the contractor to date there. Our
staff were locked out of the facility while I was away on vacation and I was
called and informed of this matter and I think it was an arbitrary and
capricious thing to do. And this incident also happened after one of the City
employees assaulted one of my employees.
Mr. Dawkins: Mr. Williams some... Mr. Manager.
Mr. Odio: Let me say something, Commissioner, I was just told we made a
mistake by letting them out of the bidding list, I want to ask legally whether
_ we can re -bid without affecting the other bidders that did bid but we made a
mistake in not notifying them of the bid and they are correct in that. And
I'd like to see if we can...
Mr. Dawkins: How could we make a mistake with a present company who's working
and providing services? How could we make a mistake in not notifying them
that it's time that we're going to re -bid the job?
Mr. Ron Williams: Commissioner, my answer to that would have to be, it should
be very difficult but it actually did happen.
Mr. Odio: I would really like to see if we can correct it within a legal way
because they should be entitled to.
19 November 19, 1987
Mr. Plummer: Doesn't the Manager at all times have the right to throw out all —
bids?
Mr. Odio: I'm not an attorney.
Mrs. Dougherty: You can only throw out a bid if there's a business reason,
like you want to change the bid or you want to some - yes... 7-
Mr. Odio: I prefer to withdraw this item so the administration can reconsider
whether we want other options as far as that contract.
Mr. Dawkins: Of the cleaning, OK. -
Mayor Suarez: Item seven's withdrawn by the administration.
Mr. Dawkins: OK.
--------------------------------------------------------------------
8. DEFER CONSIDERATION OF ACCEPTANCE OF PROPOSED ONE-YEAR EXTENSION OF SOLE
SOURCE CONTRACT WITH DELARUE PRINTRAK, INC. FOR PURCHASE OF MAINTENANCE
—" SERVICES FOR FINGERPRINT COMPUTER SYSTEM. -
Mayor Suarez: Item nine.
Mr. Dawkins: Item nine. Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Dawkins: Since 1981, we've had a contract with these people, Delarue
Printrak. They're the sole source of repair. Now, since 1981, we have not
sent anyone to learn how to repair these units nor have we sent anyone to do
any on-the-job training and you pay them $95,617 a year to maintain a
computer. Why is it that we do not have somebody trained to do this?
Mr. Plummer: In house, in house.
Mayor Suarez: In house, right.
Mr. Dawkins: Yes, Mr. Mayor.
Mr. Odio: Again, Commissioner, what I'd like to do is defer this item and
I'll bring it back at the next Commission Meeting and I'll get you the answers
for that and if we can change the way we're doing business like that, we will.
Mr. Plummer: Well, Mr. Manager, I spoke to this issue not as to a maintenance
contract. To my fellow Commissioners, let me say to you, we were one of the
first with one of these machines in the United States. That first was like
five or six years ago. That machine has got to be replaced and I am concerned
about going into any multi -year maintenance because we have to get the new
machine to stay current so I'm speaking to the Manager telling him that you
might want to do maintenance on this machine in house or out house, whatever's
_ the best, but the day is right now where that machine has got to be replaced
by the City of Miami.
Mr. Dawkins: Well, Commissioner Plummer, if we get a new machine, it has a
warranty on it, I know. It must be, they must warrant it for 90 days or 60
days or something...
Mr. Plummer: Yes, but...
Mr. Dawkins: So this $95,000 that we're talking about here for repairs on the
old one, this $95,000 can go toward the purchase price of a new one.
Mr. Odio: Commissioner, what I'd like to suggest that, if we may, to extend
them one year and in this one year the computer division will have to train
someone to start the...
Mr. Plummer: Well, but you see the problem I've got is to train somebody on an old machine that's really not the state of the art. We know we've got to -
change that machine, we know we've got to buy a new one and to train somebody
on that now on an old machine which is going to be entirely different with a
new one, I think really is a waste of money, I got to tell you that. Because
you're talking about in the neighborhood of $2,500,000-$3,000,000 for that new
machine. -
Mr. Bob Parcher: Mr. Commissioner, if I could state one thing, with the
fingerprint system, you're right. It's an old system, it was installed in
1983. One of the things that we look at in terms of maintenance, it is not a
cost effective for the City right now to maintain an individual or individuals
_ to maintain both the hardware and the software for that system. It's a
system...
Mayor Suarez: Could they provide the software for the same amount?
Mr. Parcher: Yes, they do. Now the maintenance of it for $95,000 a year,
sir, I believe is extremely high.
Mayor Suarez: Yes, are there a lot of changes in a given year in software? I
mean, is the, you know...
Mr. Plummer: Software hadn't...
Mayor Suarez: ... is the software changing a lot over the span of a year?
Mr. Plummer: No.
Mr. Parcher: Not very much, no, sir. One of the things that we had looked at
in conjunction...
Mayor Suarez: So what's the importance of getting the software then?
Mr. Parcher: For the fingerprint system, sir?
Mayor Suarez: You say the software, you mean that they provide any new
changes in technology in software...
Mr. Parcher: That's correct, that's...
Mayor Suarez: ... so if that's not changing much, what difference does that
make? Why do you even tell us that?
Mr. Plummer: It has nothing to do, this is maintenance solely.
Mr. Parcher: The biggest cost right now that you're paying for is the cost of
the maintenance of both the hardware and that software. If there were a
problem with the software, if a particular computer program would not run,
then Delarue would be responsible for providing us with a solution to that
problem. The system right now is stable. It's been in since 1983 with
minimal changes to that. Now, the Police Department is looking at upgrading
that system. In looking at that, we know that there will be a $20,000
reduction after the warranty period is done in that maintenance cost, so it'll
go down to around 75,000-73,000. thousand.
Mayor Suarez: When does the warranty period expire on it?
Mr. Parcher: If we were to go with the new system?
Mr. Plummer: That's with the new system.
Mr. Parcher: With the new system we could work a deal there, I think that we
should at least go for at least 6 months, perhaps a year.
Mr. Dawkins: That's still $50,000.
Mr. Parcher: Yes, sir.
Mr. Plummer: Yes, but that - let me say this, there's no question in my mind
that if you buy the new machine and it's under warranty for whatever specified
time you negotiate, after that, you can definitely have someone in house do
21 November 19, 1987
f t
the maintenance. There's no question in my mind about it. My God, what have
we got, a computer department of $3,000,000?
Mayor Suarez: Five.
Mr. Plummer: $5,000,000. If we can't handle something like that in house, we
better start thinking about making some major changes. I would say this
matter should be deferred until such time as the Manager can come back with a
full package.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion or any further
clarification from the Manager, staff?
Officer Joe Lingueira: That's not the problem. The problem is we're not
covered now. If it goes, it goes and one of the problems we've been waiting
is the State's bringing on a Delarue Printrak System statewide. OK and we've
got to tie into that system. It's going to be the same system.
Mr. Plummer: But, Joe, you're talking about $95,000 just for maintenance.
That doesn't - that's ridiculous.
Mr. Lingueira: I understand. If you want to defer it, that's fine. All I'm
saying is if it breaks, and we don't have the contract, it's down. OK.
Mr. Plummer: So all you do then is you bring them in and you pay them on a
piece basis rather than on a yearly retainer.
Mr. Lingueira: OK.
Mr. Parcher: That's fair enough.
Mr. Odio: Do it like that, Commissioner.
Mayor Suarez: Call the roll on the deferral of the item.
THEREUPON, the City Commission on motion duly
made by Commissioner Plummer and seconded by
Commissioner Dawkins, deferred consideration of
the above matter by the following vote -
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Mr. Mayor, let me go just one thing. I want to put this on the
record. That fingerprint machine that we're talking about an upgrading, I
want to tell you that with that machine that most of you are not aware, that
when a policeman was killed on loth Street about two years ago, three years
ago, it was that machine that, within 30 minutes, identified his killer.
Without that machine, we would have never apprehended that subject, but his
prints were on record, we took them off of the car, we put them through that
machine and within an hour, we had identified the killer and by 5:00 o'clock
that afternoon, apprehended him. It is a tremendously important and
recognized expensive, but I think it is a must for this City.
Mr. Dawkins: I agree with you but by the same token, J.L., if it did it in 30
minutes with the technology three years ago, with a new one, new technology,
we'd be able to do the same thing in 10 minutes.
Mr. Plummer: Exactly. And more: capacity. I just wanted to put that on the
record, Mr. Mayor.
g
r
9. DEFER CONSIDERATION CERTAIN ORGANIZATIONS WHOSE PROJECT PROPOSALS WERE
SELECTED BY ECONOMIC DEVELOPMENT/PHYSICAL IMPROVEMENT PROJECT COMMITTEE.
Mayor Suarez: Item 10.
Mayor Suarez: Commissioner Kennedy.
Mr. Dawkins: I move that item 10 be continued.
Mr. Dawkins: I move that 10 be continued.
Mrs. Kennedy (Off mike): I had pulled ------
Mr. Dawkins: Oh, I'm sorry, you...
Mayor Suarez: Commissioner Kennedy, Madam Vice Mayor.
Mrs. Kennedy (Off mike): -------- wanted to address it.
Mayor Suarez: That's right.
Ms. Jolita Dorsett: Jolita Dorsett, Tri-City Community Association. Tri-City
had applied for physical improvement and economic development program for a
loan application for $49,000. I'm asking the Commission to reconsider funding
this project. Tri-City is currently operating its ninth year and has been
funded by the county for nine years for rehabbing homes for owner occupied
individuals in Model City in OpaLocka. We train unemployed male and female
residents in the areas of carpentry and painting to rehab these homes. We
wrote a proposal that would help the Wynwood area. Wynwood is the most
diverse neighborhood in Miami; 50% Hispanic, 25% American Black and Haitian
and 24% White. This project is written specifically to work in the
neighborhood adjacent to the pedestrian oriented business district, N. E. 2nd
Avenue between 20th and 29th Street, the west wide of N. E. 2nd Avenue. We
foresee the project enhancing revitalization already funded by the City such
as the commercial facade project. We also foresee a channel for over 20% of
the youth who are unemployed to be involved in the preservation of their
community while learning a trade and, hopefully, returning some of their
learning to the community. We feel the project can work because it calls for
partnership between the residents, government and property owners. Residents
and owners contribute to the revitalization. Loan monies have been identified
already to obtain pressure cleaner and lawnmowers. The cost of material is
shared by the property owner and the City. Money is leveraged in the proposal
for training materials and an hourly stipend for five of the trainees to come
from Wynwood. Tri-City also has a for profit subsidiary and the money would
be leveraged. An experienced recipient would be hired to be the work site
supervisor. So someone who is interested in owning his own business would be
hired for a full year. So I'm asking the Commission to reevaluate the funding
of Tri-City in that amount.
Mayor Suarez: Frank, what about Tri-City? They've been applying how many
years for our C.D. monies?
Ms. Dorsett: Four, four.
Mayor Suarez: Sounds like a very worthwhile organization.
Mr. Frank Castaneda: Well, they made their request under the economic
development pool and we felt that that was basically a housing project and I
believe that we referred you to the housing and conservation agency. Their
proposal is basically to do facade improvements, lawn services to homes in the
Wynwood area which is really a housing related type project.
Ms. Dorsett: It's more than that. It's also the commercial. There are at
least seven vacant lots between 20th and 29th that are being advertised by
realtors and they're overgrown. You also have overgrown areas where people
dump their garbage and we're talking about not only residential but cleaning
up the commercial prope-ties. You've got Rolls-Royce repairs shops in that
neighborhood, you've got BMW repair shops in there and they are not
contributing to the physical look of Wynwood.
23 November 19, 1987
Mr. Castaneda: Sure. No, on the issue of the overgrown lots, perhaps you
should get together with Sanitation Department because basically when a lawn
is overgrown, the City puts a lien against that property and goes out for a
- contract to, you know, cut the lawn and perhaps you can be a contractor under
that program.
Mayor Suarez: When you said you referred them to the Housing Conservation
_ Agency, the Housing Conservation Agency itself relies a lot on community
development.
Mr. Castaneda: That's correct...
Mayor Suarez: Monies.
Mr. Castaneda: ... but we give them a pot of money to work with.
Mayor Suarez: How much have we given them for this year?
Mr. Castaneda: About $4,000,000 I believe.
Mayor Suarez: For housing. Has all of that been distributed? Or allocated
at least?
Mr. Castaneda: It has been allocated under two programs, single family and
multi family rehab. Perhaps their request would fit in under single family
rehab even though it does not go to the point of removing code violations and
things like that, I believe that you're basically the facade, the cutting of
the lawns and things like that and improving the appearance of the house.
Ms. Dorsett: Right.
Mrs. Kennedy: Cesar...
Mayor Suarez: Are those housing functions? I mean you can't have it both
ways, Frank, you can't refer them over there and say that what you're asking
for is housing money and then, you know, when we look at what they have in
their particular description of their programs say, doesn't fit under that.
Mr. Castaneda: No, no, no,...
Mr. Plummer: Yes, but isn't that the reason we have the CBO's? I mean,
that's...
Mr. Castaneda: Sure.
Mayor Suarez: And this is very much like a CBO.
Mr. Plummer: What I'm saying is, why don't they go - this organization go
through the CBO where the money is supposed to be funneled in the first place?
- Ms. Dorsett: Through the what?
Mr. Plummer: That's what we have a CBO for, to make recommendations of the
_ monies that are available for that neighborhood to recommend to us what is the
highest priorities and what it seems like to me this request is circumventing
the CBO process which is...
Mayor Suarez: To me they're a CBO just like any other CBO, I mean...
Ms. Dorsett: We are a community based organization.
Mr. Castaneda: Yes, no, no, no, I understand that.
Mr. Plummer: Of Wynwood?
Ms. Dorsett: Not of Wynwood, of Dade County.
Mr. Plummer: Well, but you see there is a CBO in Wynwood. There's a CBO,
there's eight- what? Eight of them; eight target CBO's?
Mr. Castaneda: There are ten of them, Commissioner.
24 November 19, 1987
a
Mr. Plummer: Ten of them.
Mr. Castaneda: Yes.
Mr. Plummer: And these are the people that are elected by the community to
represent and set the priorities of what they want for their particular
i neighborhoods.
Ms. Dorsett: The loan application that we submitted was supposed to be based
on a scoring system.
Mr. Castaneda: No, that's correct.
Ms. Dorsett: Which it was not.
Mr. Castaneda: No, no, they applied for our economic development pool. What
we're saying is that that project did not rank as high as other projects. It
was not a development project.
Mayor Suarez: Would you work with them with the housing monies to see to what
extent some of the rehab monies can be used and channeled through Tri-City?
Mr. Castaneda: Sure.
Mayor Suarez: Because that's what they're doing out there, they're rehabing.
Are you bound or do you know if the Housing Conservation Agency is bound by
the two models, either multi family or single family?
Mr. Castaneda: No, no they're not bound.
Mayor Suarez: Then we're talking about a small amount of money for a very
viable organization that can help improve facades and really fix up the area
of Wynwood. God knows, it needs it. What are you requesting, $49,000?
Ms. Dorsett: Forty-nine.
Mayor Suarez: Compared to the $4,000,000 that they're divvying up.
Mr. Plummer: Maybe what we need to do is look more seriously at the
$4,000,000.
Mayor Suarez: Herb.
Mr. Herb Bailey: Mr. Mayor, the Commission has not authorized a housing
agency to carry out any programs other than those two that we're getting C.D.
monies from. If, when we look at this and we find that there is a possibility
that it may lend itself to housing, we'd have to come back before this
Commission. We don't have the...
Mayor Suarez: Have we prohibited... the department from looking - the agency
from looking at other ways of doing housing?
Mr. Bailey: Well, in terms of use of the money, there is very specific
directions as to how we're to use it.
Mayor Suarez: But, you're contradicting Frank who just told us that we're not
limited to those two ways, Herb.
Mr. Bailey: We're not limited. We can always come back and ask for
additional authority.
Mayor Suarez: Yes, but now you're saying the Commission has to approve. What
I'm saying for you to say that it would have to be the Commission itself had
precluded it by prior action.
Mr. Bailey: Well, let's just say you have not approved thus - what we have
asked for, you have approved. We have not asked for this function and...
Mayor Suarez: How does the Commission feel about it? Does the Commission
want to give an indication now by resolution to the Housing Conservation
Agency that they should contemplate this mode of improving housing in the
25 November 19, 1987
community, not just through either single family loans or multi family? Some
of those are grants too, aren't they?
Mr. Bailey: Yes, what the problem is is that we deal directly with the home
owner who makes an application or request for a loan or grant for home
Improvement and the other part of monies deal directly with the developers who
go in and improve a large block of housing for low income people. This is
unusual %there we have an intermediary between the homeowner and the City which
is just a service that is being performed and which probably can be performed
by some other community organization that should be. We are not, in the
Housing Agency, giving out grants to CBO's to perform other social service
functions.
Mayor Suarez: Well, let's see how the Commission feels about it. If you
think the Commission should make a positive statement on that.
Mr. Plummer: Well, Mr. Mayor, I guess what I'm hearing is the fact that we
don't need a so called middleman in the middle of the situation. If the owner
of the home can make a direct grant request to the administration, we have all
of the built in procedures of auditing and that, why would we use another
agency with more administrative cost if that's what I'm hearing?
Mayor Suarez: Because that's exactly what we do with the multi family rehab,
we give it to a private developer who can be for profit, in this case, it's
not even for profit. It's just a different mode of functioning, I don't think
necessarily one is less efficient than the other or involves less middlemen.
Mr. Plummer: No, I...
Mr. Bailey: I'd like to just point out, Mr. Mayor, that I don't - I'm not
opposed to this...
Mayor Suarez: No, I gather you're strongly recommending against this idea
and, you know, I take very seriously yotir recommendation.
Mr. Bailey: Well, I'm recommending that it is not, in our estimation,
increasing the amount of housing stock for low income people which is really
our primary objective and for those homeowners who want to maintain existing
facilities so they don't become abandoned, we have those...
Mayor Suarez: I know, Herb, but you have to admit that in Wynwood just about
anything you do to improve facades and to improve the overall state and even
to supplement the efforts of our Solid Waste Department which just cannot cope
with Wynwood and Allapattah...
Mr. Bailey: That homeowner can come in and get the same service from us
without an intermediary, that's what I'm saying.
Ms. Dorsett: Well, I'm just wondering just looking at between 20th and 29th
on the west side, nobody is doing anything.
Mr. Bailey: Well, I'm not saying that there isn't something that we ought to
be doing in Wynwood. We are looking at a major program for which we can do a
lot of rehab and new housing development, but what I'm saying is that if a
homeowner has a need for a rehab loan or grant, they can come to us directly.
Ms. Dorsett: Eighty percent of that area in there is rental property.
Mayor Suarez: More than 80% of Wynwood is rental, yes. So, unless the
landlord wants it...
Ms. Dorsett: So if you wait for him to come...
Mr. Bailey: Well, you see then that creates another problem. You have to
have the consent of the landlord to make improvements on his property.
Ms. Dorsett: We had laid all of this out in the loan application. How we
would do it and how the renters would be contributing to the upkeep of their
area.
Mr. Bailey: I think...
M
26
November
19,
1987
Mayor Suarez: Well, for myself, and I don't know that the Commission needs to -
- vote on this, I have no doubt that the policy should be that we should have -
enough flexibility in a particular case to contemplate that kind of an
application and to use an agency that we think is functioning well, Herb. If
you need a vote on that, you know, we could take a vote on it, but...
Mr. Bailey: I would like to suggest that we take it and look at it various... —
Mayor Suarez: Could you?
Mr. Bailey: Yes, we'll take it back and we'll do a serious look at it and
come back with another recommendation.
Mayor Suarez: See, at least you won't get shuffled around from one department
to the other.
Ms. Dorsett: I've been shuffled for four years. I've been there before.
Mayor Suarez: Well, we've stopped the shuffling now. You're in the right
department. I think he has an indication that at least one member of this
Commission is willing to vote for your getting the monies and he's a very
reasonable guy, I mean, he might see the benefit of having an intermediary _
organization like yours.
Ms. Dorsett: OK.
Mr. Bailey: We'll look at it right away.
Ms. Dorsett: Thank you.
Mayor Suarez: Thank you.
10. COMMENTS REGARDING HANDOUT DISTRIBUTED TO CITY COMMISSION BY
UNIDENTIFIED INDIVIDUAL CONCERNING OFF-STREET PARKING MONIES EARMARKED
FOR THE RENOVATION OF GUSMAN HALL.
--------------- --------------------------------------------------------------
Mr. Plummer: Mr. Mayor, can I - I don't know if anybody else got this thing
dropped in front of them just now, but before the item comes up...
Mayor Suarez: Mine doesn't have all the nice colors that yours has but I
think it's the same one, right?
Mr. Plummer: Well, it's talking about fraud and illegal and null and this is
something in reference to the Gusman Hall money.
Mayor Suarez: Who signs this?
Mr. Plummer: Nobody signed it, somebody just dropped it up here and said that
this whole thing is fraud and it ought to be investigated. OK, well I'm going
to give it to you now so when the matter comes up, you'll be aware and you're
not taken by surprise.
Mayor Suarez: I just wanted to say, I'm filing mine right now in the circular
file.
Mr. Dawkins: Not being disrespectful, but if you don't have guts enough to
sign it, we really don't need it.
Mayor Suarez: That's exactly the point.
NOTE FOR THE RECORD: This item is continued within discussion of next label.
-------------------------------------------------------------------- ---------
11. AUTHORIZE EXECUTION OF AGREEMENTS WITH NORTHEAST CHAMBER OF COMMERCE AND
THE GREATER BISCAYNE BLVD. CHAMBER OF COMMERCE TO CONTINUE IMPLEMENTING
COMMERCIAL FACADE TREATMENT PROGRAM IN EDISON LITTLE RIVER TARGET AREA.
Mayor Suarez: Item 11.
Mr. Plummer: Eleven?
Ms. Lori Weldon: Good morning, I'm...
Mr. Plummer: I didn't see eleven pulled.
Ms. Weldon: ... Lori Weldon, 160...
Mayor Suarez: Lori Weldon.
Mr. Plummer: Oh, Lori.
Mr. Weldon: ... 160 N. W. 44th Street and I want to say on item eleven, first
of all, the Northeast Miami Chamber of Commerce, I have no problem with you
allocating funds. But on June 11, 1987, you voted to reconsider Greater
Biscayne Boulevard Chamber of Commerce as a part of the Edison Little River
target area and I was told at that time that before any decision would be made
there would be a public hearing. Now, according to this, they're going to
_ receive funds on the basis that they are within their target area and at this
point in time, unless that matter has been taken care of, they are not in the
target area.
ME NOTE FOR THE RECORD: At this point the City Commission requests that an
® officer in the City Commission Chambers have the unidentified individual (Rene
Martinez), who distributed papers to the Commission in connection with Off -
MEN Street Parking renovations to Gusman Cultural Center to identify himself.
s
ME Mr. Plummer: Just for your information, Mr. Mayor, this is ,the man that
dropped the papers before. Are we getting more now?
Ms. Weldon: He's taking them back? So I just, you know, want to know how,
you mean, has this...
Mr. Dawkins (Off mike): Well, how in the hell did he get up here? How'd he
get up here? Where's the policeman? Where's the policemen?
Mr. Plummer: Wait, wait a minute. Sir... Mr. Manager, would you find out who
this gentleman is that walks up here and just merely walks through this
Commission...
Mr. Dawkins: Where's the policeman? Somebody walk up here and kill us all
and nobody don't give a damn! Where's the police officer? Who is he?
Mr. Plummer: Who is this gentleman?
Mayor Suarez: Just explain to him that that's not the procedure we follow
here.
Mr. Plummer: Yes, but, Mr. Manager...
INAUDIBLE COMMENTS.
Mrs. Kennedy (Off mike): He didn't know.
Mayor Suarez: Just explain to him that's not the procedure we follow here.
Mr. Dawkins: Yes, but a guy could walk up here and hit you in the head. The
same difference; behind you with this, you don't know who in the hell he is.
Mr. Plummer: Yes, but when he walks in here and puts these kind of papers, he
is hitting you in the head, he's just not using a stick.
28 November 19, 1987
11
s
Mr. Dawkins: Well sticks and stones is the only thing I worry about. This
doesn't worry me.
Mayor Suarez: Lori...
Mr. Plummer: I love the security around this - well, excuse me, Mr. Manager,
I ask again, who is the gentleman?
Mr. Odio: His name is Rene Martinez, he says and he was handing out those
papers. He walked in through the side door over there.
Mr. Plummers For the second time.
Mr. Odio: For the first - it's the first time I've seen him.
Mr. Plummer: No, no, no, sir, I gave you the f irst time he walked through.
And now the second time.
Mr. Odio: Yell, I only saw him the second time, but I guess we'll have to
secure that door on the side.
Mr. Plummer: Well, would you put a little opening in your - right there for
you and, you know, they can come over and knock you in the head and leave us
alone.
Mr. Dawkins: You got two policemen out there.
Mr. Odio: Are you kidding?
Mr. Dawkins: OK, go ahead, Lori.
Mayor Suarez: In those, Madam City Clerk, and those who sit on the right,
please advise people that they're not supposed to be walking through here.
The police officer is not always going to be available.
Mayor Suarez: Lori, we have gone through many hearings on this issue. You
say werre going to have another public hearing on it.
Ms. Weldon: No, I'm just saying as of June llth...
Mayor Suarez: I thought I heard you say that.
Ms. Weldon: Yes, right, since that time I have been back before this - I
haven't bees back before the Commission on this issue but I have been to
Commission meetings and I had not heard it brought...
arguing procedure, are you telling us that you
oppose that grant to the Northeast Chamber?
No. Yieldess On the basis that they're in the Edison Little River target area,
yes, beeasse they are not. Because like I said, you want to expand the
boundaries but than you still left the cap as it was.
Mayor Suams: But the real reason is that you would like some of that money
for what?
Ms. Yeldens for improvements from the organization within the target area
that already exists because this is not...
Mayor Scares: Such as...
Ms. Weldon: ...as you see, this is not the only...
Mayor Suares: Such as which one? Which one are you suggesting?
No. Yeldeas OK, we can increase funding in -------- economic development
center, UWAD, any other organizations within the area. Because they're
already...
Mayor Suares: OK, let me ask a question of Frank because the timing of this
Is gettlog, a little delayed. When is the next round for next year?
29
November 19, 1987
t
Mr. Frank Castaneda: The C.D. advisory meetings are starting next month and
the funding becomes available on July 1st.
Mayor Suarez: It took us the better part of a year to get to this point. We
finally got a consensus of the Commission. Have those groups apply for the
next round next year... that process begins in a month.
Ms. Weldon: OK, but what I'm saying to you is that I hadn't had any
indication in writing or from listening to Commission sessions that what I
left here with on June llth had been changed and then I look and see on the =
Consent Agenda that Greater Miami Biscayne Chamber of Commerce is back in the
Little River target area where it officially, as like I said as I got it June
llth, it was not. _
Mr. Castaneda: Let me refresh your memory. What happened was the Commission
approved the expansion of the target area. The Commission then said that they
were going to reconsider but they never took any action on the reconsideration
of the target area.
Mayor Suarez: Was there also not an issue of state funding that they were
supposed to get?
Mr. Castaneda: No, not on the Biscayne...
Mayor Suarez: Not in the Northeast Chamber?
Mr. Castaneda: On the Northeast, yes, but that's a separate issue and the
Biscayne Boulevard Chamber of Commerce that was never brought up.
Mr. Dawkins: What is the boundaries for the Northeast Chamber of Commerce,
Mr. Castaneda?
Mr. Castaneda: Northeast Chamber of Commerce is basically right now
functioning in the Edison Little River area...
Mr. Dawkins: Streets, sir.
Mr. Castaneda: Biscayne Boulevard, Little River, I-95, and about 69th...
Mr. Dawkins: 69th...
Mr. Castaneda: ... 69th Street on the south.
Mr. Plummer: Who hit, who...
Mr. Dawkins: Sixty-ninth Street what?
Mayor Suarez: On the south.
Mr. Dawkins: On the south.
Mr. Castaneda: About 69th Street on the south.
Mr. Plummer: Who heads up that organization?
Mr. Dawkins: All right, well what happens, what happens...
Mr. Castaneda: Jerry Gleekel. The Haitian Task Force basically has the area
south of that.
Ms. Weldon: So put in the Greater Biscayne Boulevard Chamber of Commerce is
an overlap.
Mr. Castaneda: Well...
Mr. Dawkins: OK.
Mayor Suarez: By the way, have they done anything about that strip that
they've been developing for ever and ever?
Mr. Castaneda: What group and what strip?
30 November 19, 1987
Mayor Suarez: That 79th Street commercial strip. Isn't that their main
project, the Northeast Chamber?
Mr. Castaneda: Did they have a shopping center there...
Mayor Suarez: Is there a tenant about to go in there or...
Mr. Castaneda: They haven't finished constructing it yet, Commissioner.
Mayor Suarez: When are they supposed to finish constructing?
Mr. Castaneda: They were supposed to finish it about three or four months ago
but then they had all those cost overruns in that they miscalculated the price
of the piping and electricity to rehab the...
Mayor Suarez: I'd hope you'd take into account all of that in recommendations
for next year, certainly. I mean, they really have got to...
Mr. Dawkins: I move eleven with this stipulation. That when you come up here
with the next year's funding, if the area that she's referring to is not
adequately funded to meet its needs, I'll be voting against your whole budget.
Mayor Suarez: So moved.
Ms. Weldon: OK, so what you're saying is that they are officially in the
target area at this point in time.
Mr. Dawkins: Lori, I'm voting on what I have here.
Mayor Suarez: We're defining it for one year but...
Mr. Dawkins: Now, I don't know what you'd see, I'm voting on this.
Ms. Weldon: OK.
Mr. Dawkins: OK, now whatever you, I mean, I want you to be sure now...
Mayor Suarez: We can define it but...
Mr. Dawkins: ... you understand what I'm saying, OK, I'm voting...
Ms. Weldon: Lim hum.
Mayor Suarez: We can define them right out of that area next year if
Commissioner Dawkins concern is not resolved. Very easily.
Ms. Weldon: All right, then, I have another concern. They c.ame ast yeax and
applied and received funding whereas other organizations that are based there
were cut and such by the basis of there was no funding and that we were told
that no new programs will be funded and now you want to extend target areas
and bring in someone else and in the same breath tell us there's no money to
be given out. But yet, you're giving it to someone else. So that's •.ghat I
don't understand.
Mr. Castaneda: If you recall, our original recommendation was to expand the
target area to do improvements to Biscayne Boulevard but not to include that
program.
Ms. Weldon: And then you're also saying that Northeast Chamber of Commerce
are within those same boundaries, so why put another group, diversify the
funds and not raise the cap when you already have someone that's supposedly
doing the same thing?
Mr. Castaneda: The businesses in the area felt that they needed their own
particular group to support the Biscayne Boulevard area. We argued against
that point but obviously the businessmen in the area very strongly felt that
they needed a separate group to...
Mayor Suarez: If Commissioner Dawkins motion passes, this is going to receive
extremely close review next year because in addition to all of the other
-- concerns that you have expressed and the one expressed by Commissioner
Dawkins, I have the concern that they never seem to complete that doggone
31 November 19, 1907
project up there or have any tenants and we may be getting to the point that
we're throwing good money after bad. So, but, you know, to expect us in the
llth or loth month to reverse all of this is going to be very tough, Lori,
from my perspective.
Ms,. Weldon: OK, I guess that's so at this point in time up until next month,
they are officially in the target area.
Mayor Suarez: Well, we can take them right out of the target area by just not
giving them any money next year so I wouldn't worry too much about the
definition of the target area. We have a motion. Do we have a second?
Ms. Hirai: Yes, sir.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-1016
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
INDIVIDUAL AGREEMENTS WITH THE NORTHEAST MIAMI CHAMBER
OF COMMERCE, INC. (NEMCC) AND THE GREATER BISCAYNE
BOULEVARD CHAMBER OF COMMERCE, INC. (GBBCC)IN AN
AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS (S30,000)
EACH TO CONTINUE IMPLEMENTING THE COMMERCIAL FACADE
TREATMENT PROGRAM IN THE EDISON LITTLE RIVER TARGET
AREA, WITH FUNDS ALLOCATED THEREFOR FROM THE
THIRTEENTH (13TH) YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
(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: Frank, make sure that you convey this strong message to them
that this Commission has...
Mr. Castaneda: I will.
Mayor Suarez: ... passed today.
12. CONTINUE CONSIDERATION OF REALLOCATION OF FUNDS AND EXTENSION OF LOAN
COMMITMENT TO HAITIAN TASK FORCE, INC. FOR COMPLETION OF CARIBBEAN
MARKETPLACE PROJECT IN LITTLE HAITI TARGET AREA.
------------------------------------------------------------------------------
Mayor Suarez: OK, item 17.
Mr. Dawkins: No, 12.
Mr. Odio: I believe 15 was...
Mr. Dawkins: I pulled 12.
Mayor Suarez: OK, item 12.
32 November 19, 1987
Mr. Dawkins: And the reason I pulled 12 is the same reason that we just
discussed and I want it continued there because here you just took $30,000
from the Little Haiti Facade Program and gave it to Caribbean Marketplace
project. So if you took $30,000 that was supposed to be doing in Little Haiti
what you just tell me that these people here are supposed to be doing, I don't
understand this, so continue this until I can get a further understanding on
12 please.
Mayor Suarez: OK, continue it. Hopefully maybe later on in the day we can
take care of it.
Mr. Dawkins: No, no, no, no. I have to...
Mayor Suarez: Do you want to defer it to another...
Mr. Dawkins: Yes, defer it. Defer it until next...
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
THEREUPON, the City Commission on motion duly
made by Commissioner Dawkins and seconded by
Commissioner Plummer, deferred consideration of
the above matter by the following vote -
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
13. AUTHORIZE EXECUTIVE OF AN AGREEMENT WITH BAYSIDE CENTER LIMITED
PARTNERSHIP .AND BOUNTY-BAYSIDE JOINT VENTURE, PERMITTING THE MOORING AND
OPERATION OF SHIP BOUNTY FROM EASTERN EDGE OF PIER PARK.
Mayor Suarez: Item, did you say 15 also?
Mr. Odio: I have heard, maybe I'm mistaken, 15.
Mr. Dawkins: I pulled 15.
Mayor Suarez: I'm sorry, OK, 15.
Mr. Dawkins: I pulled 15. On page six, item three: "The owner agrees to pay
the City an annual mooring fee for The Bounty of $10.00 a year for the use of
the slip."
_ Mr. John Gilchrist: That's a legal issue with this agreement but, in essence,
The Bounty is the same as any tenant at Bayside and the monies that are
collected as a tenant are contributed to the City through that process where
they pay...
Mr. Dawkins: This says they going to pay $10.00 a year to moor there, now
that's what this says.
Mr. Odio: Yes, but, Commissioner, he will have to pay the same as...
Mr. Dawkins: Continue this until you all put that in writing where I
understand. I don't need nothing that's not in writing. OK, no way. I'm not
voting on nothing that I don't read. OK?
33 November 19, 1987
Mayor Suarez: But wait, it's part of the regular Bayside agreement.
Mr. Gilchrist: It's part of the Bayside agreement that was...
Mayor Suarez: What do they pay? Can we clarify what they do pay, Jim?
Mr. Gilchrist: They pay essentially a minimum of $1,000,000 a year rent or...
Mr. Dawkins: They who? —
Mr. Gilchrist: ... 35% - the City, they...
Mr. Dawkins: They who pay?
Mr. Gilchrist: Bayside Project, Bayside Limited Partners pay to the City of
_ Miami essentially a $1,000,000 a year, minimum rent or 35 percent of the net,
whichever is greater.
Mayor Suarez: Do you have a comparison, by the way, for us on which is going
- to be greater at this point? Do you have any estimates?
Mr. Gilchrist: Well, the projection was in the 7th year that that would pass.
Mr. Plummer: No, well, no, no. That where it would go above a million.
Mr. Gilchrist:, Jim Dausch is here right now...
Mayor Suarez: I figured you were going to point at him.
Mr. Gilchrist: ... and he's the representative of...
Mr. Plummer: We are already into the minimum of a million a year.
Mr. Gilchrist: Yes. Yes, sir.
Mr. Plummer: Because the construction is completed.
Mr. Gilchrist: Oh, yes, no it began payment in April of 187, yes, sir.
Mayor Suarez: I don't think that's what the schedule calls for, but... no, I
think the first...
Mr. Gilchrist: Well, you know, I said that...
Mayor Suarez: Well, let on, on...
Mr. Gilchrist: It's more complicated because the first two years they pay
less and they pay it back later, you know, it's...
Mayor Suarez: You can have a sinking fund set up. But on this particular
item, is the slip where the Bounty is located a tenant contemplated onto the
basic agreement like any other tenant?
Mr. James Dausch: Yes, this mooring is set up in the original project
documents and the City required a separate mooring agreement but,
economically, this is worked into the original lease.
Mayor Suarez: Just so we have an estimate or an idea. Do you have any idea
how much they're paying to Bayside so far in the first six months of
operation, the Bounty?
Mr. Dausch: I don't. The retail part of that venture pays us $40 a foot
which is the store part. I don't know the ship, it depends on cash flow and
my guess is that because it's still early and the ship has had maintenance,
that there isn't much cash flow right now. But when there is some, it will go
into the pot that we split with the City under the normal Bayside leasg and
that is in writing.
Mayor Suarez: When do we split that pot, by the way?
Mr. Gilchrist (Off mike): On a monthly basis.
34 November 19, 1987
Mr. Dauscht As quickly as possible.
Mayor Suarez: Do you have any estimates how much we've made so far? —
Mr. Dausch: I think you're still in minimum rent right now.
Mayor Suares: Misim m rent.
Mr. Dauscht Tes.
Mayor Suares: which, at the first year of operation, what, three seventy-five
or five hundred?
Mr. Dauscht Something like that. It jumps then to six seventy-five into a
million by the TO year.
Mr. Dawkins: Mr. Gilchrist.
Mr. Gilchrist, Ten, sir.
Mr. Dawkins: If the Sausty is considered a part of the wayside Specialty
Center...
Mr. llunmer: why do we have to approve it?
Mr. Dawkins: ... and as such, a tenant of the wayside Center, why would you
put in this agressent that its paying - the owners agree to pay the City
$10.00 annually for mooring? They already are a part of wayside, they don't
have to pay the City anything?
Mr. Gilchrist: I would like the City Attorney to answer that because that's
an attorneys document.
Mr. Dawkinst Anybody.
Mayor Suarez: They usually put $1.00 and they put $10.00 in this case.
Mr. Dawkins: Go ahead, go ahead, Madam City...
Mrs. Dougherty: Mr. Commissioner, the original document with wayside provided
that we were to - we must end shall enter a long term mooring agreement with
the Bounty. Wr will be casing up in the future with two more ships, I believe
or a blanket agreement to permit them to moor other ships along the bulkhead
that is not iecluded within that original agreement.
Mayor Suarez: but those would pay separately...
Mrs. Dougherty: Us.
Mayor Suares: ... because those are not included as initial tenants.
Mr. Gilchrist: &A we've agreed to preliminarily that we would split that
50/50, Mayor, the --------
Mrs. Dougherty: This is the only one, Commissioner, that is in that original
one.
Mr. Gilchrist: vet, I would like the answer to the $10.00. That's just a
legal issue.
Mayor Suarez: Tes, usually you put $1.00 and other consideration.
Mr. Dawkins: I would have felt better if you'd have put $1.00. You know, I
mean, come ask...
Mr. Dausch: I accept.
Mr. Gilchrist: no accepts $1.00.
Mr. Dawkins: I'd have felt better if you'd put a dollar.
35 pavember 19, 1987
0
Mayor Suarez: No, no, it would have been clearer, really, to put $1.00. It
shows that it's nominal fee, that it's just legal consideration.
Mrs. Kennedy: I am sure that somewhere in this agreement it states that the
City will not be liable for the care or protection of the vessel, correct?
Mrs. Dougherty: That's correct.
Mr. Plummer: I still don't understand if it's part of their lease, right now,
why do we have to approve it?
Mrs. Dougherty: The lease says that the City shall approve a long term
mooring agreement. That's what the lease says.
Mayor Suarez: It's in the water, I guess, and they...
Mr. Gilchrist: The boat sits in the water. They have the land side, we own
the water side. We have to...
Mr. Plummer: So, that's my question.
Mr. Gilchrist: And the answer to it is that...
Mr. Plummer: If we own it, why do they get anything at all out of it?
Mr. Dawkins: It was our water.
Mr. Gilchrist: We negotiated that in the original agreement...
Mrs. Dougherty: Miamarina agreement.
Mr. Gilchrist: ... because the Bounty was always a part of the project and
that was negotiated into it.
Mr. Odio (Off mike): But the water they don't own.
Mr. Plummer: The water we own.
Mayor Suarez: It's the fact that it's in the water that requires a separate
agreement.
Mr. Plummer: And it's our's 100 percent.
INAUDIBLE COMMENTS.
Mr. Plummer: The water. But the land is not the thing involved here.
Mrs. Dougherty: Yes, you have to pass through their land to get to the water
so one can't...
Mr. Plummer: That's their problem.
Mrs. Dougherty: No, that's our problem too.
Mr. Dawkins: They could come off the shore - they could come off the water
side. We could put a boat and they could come off the water side.
Mr. Plummer: Hey, all I'm saying is, I'm questioning why do we have to give
Bayside anything? Why aren't we getting 100 percent of the mooring? That's
my question. If it's in writing, it's in writing but I haven't seen it. If
it's already agreed to, why are we having to approve it today for any amount
of money?
Mayor Suarez: It sounds to me like a legal technicality, I mean it - because
it is...
Mr. Dawkins: That's my legal problem.
Mr. Plummer: I don't, you know, I'm going to give you my opinion, I don't
think that Bayside Limited have the lease on the water.
Mrs. Dougherty: No, you're correct, they don't.
36
November 19, 1907
Mr. Plummer: And as such, we do. And it is our property which they have no
claim over whatsoever and I'm saying to you, that if that is the case, they
have every right under their lease with a little retail store there to be a
tenant. That's no question in my mind. But what about the rest of the
moorings out there? Do we control it? _
Mr. Gilchrist: That's a different issue and we do control it, yes, sir. This
is your...
Mr. Plummer: And if we control it, the new boats that are going to come in,
are they going to be tenants; of the City...
Mr. Gilchrist: They will be...
Mr. Plummer: ... or are they going to be tenants of Bayside?
I[c
Mrs. Dougherty: Both.
Mr. Gilchrist: They have to be tenants of both because we will be the —
landlord over the water and they will be the landlord over the land.
Mr. Plummer: That's fine! That's fine! And let them negotiate with Bayside
as to what they want to charge them as a tenant, but as far as the boat is
concerned.
Mr. Gilchrist: But...
Mr. Odio: We have been...
Mrs. Dougherty: We will bring that whole issue back to you within the month.
Mr. Odio: But we have been negotiating with Bayside Limited that we will -
split the profits of any other boat 50/50.
Mr. Plummer: Wait a minute, Mr. Manager, I don't know that I want to split
the profits.
Mr. Odio: Well, we don't have the land and if the boat cannot dock there...
Mr. Plummer: That, that, hey, the boat is there and I'm not trying to run the _
boat out.
Mr. Odio: No, I'm not talking about the Bounty, I'm talking about the -----
Mr. Gilchrist: The Bounty is a separate issue because...
Mr. Odio: The Bounty's a separate issue that was included in the original
list.
Mayor Suarez: Well, when you say, split the profits, you don't mean on a
50/50 basis. You're saying that we would negotiate it...
Mr. Odio: In any other mooring... -
Mayor Suarez: ... subject to Commission approval some new agreement for any
other boats, please. -
Mr. Odio: That's right, that's right.
Mr. Plummer: ... and we get the money.
Mr. Gilchrist: But the Bounty was agreed to by this Commission in the
original lease agreement, sir.
Mr. Plummer: Send it to me.
Mr. Gilchrist: I will do that, sir.
Mr. Dawkins: And change the wording to $1.00 a year, not $10.00 a year.
Mr. Gilchrist: Yes, sir.
37 November 19, 1987
Mayor Suarez: Just to show that it's nominal. Hey, what do you guys want to
do with the item? What does the Commission want to do with the item?
Mr. Gilchrist: I have to tell you...
Mayor Suarez: Do you want to pass it subject to this clarification?
Mrs. Kennedy (Off mike): Subject to all the changes, I move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1017
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, WITH BAYSIDE CENTER LIMITED PARTNERSHIP AND
BOUNTY-BAYSIDE JOINT VENTURE, PERMITTING THE SHIP
BOUNTY TO BE MOORED AND TO OPERATE FROM THE EASTERN
EDGE OF PIER PARK, WHICH LIES WITHIN THE AREA LEASED
TO BAYSIDE CENTER LIMITED PARTNERSHIP UNDER THE RETAIL
LEASE EXECUTED JANUARY 14, 1985, AS AMENDED.
(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.
----------------------------------------------------------------------------
14. TEMPORARY DEFERRAL OF PROPOSED RENEWAL OF LEASE AGREEMENT WITH COCONUT
GROVE BANK FOR OFFICE SPACE TO BE USED BY THE LABOR RELATIONS OFFICE
(See label 16).
Mayor Suarez: Item 17.
Mr. Dawkins: Somebody pulled 16, didn't they, Mr. Mayor?
Mayor Suarez: Is 16 withdrawn or is that just modified is that all I was
clarifying? Mr. Manager, Madam City Attorney, somebody.
Mrs. Dougherty (Off mike): You want - did you want 16?
Mayor Suarez: What did we do with 16? Did we just clarify that it was being
passed as modified?
Mr. Plummer: Wait a minute.
Mrs. Dougherty: I think somebody pulled it.
Mr. Plummer: No, I pulled it, Mr. Mayor.
38 November 19, 1987
I
Mayor Suarez: OK, Commissioner.
Mr. Plummer: Mr. Manager, what are we paying per square foot here?
Mr. Al Armada: Twenty-two dollars, sir.
Mr. Plummer: Why are we paying $22.00 when I went through some big beautiful _
facilities yesterday in the AmeriFirst Building of the City Attorney's office
at $12.00 a square foot?
Mr. Armada: Yes, sir. Because we are unfortunate...
Mr. Plummer: Because we're crazy and we've got a lot of money.
Mr. Armada: No, because we're unfortunately stuck with this lease agreement.
Mr. Plummer: Why?
Mr. Armada: Because part of the terms of the lease agreement included some
tenant improvements so if we did not exercise a two-year option at this point,
we would have to pay up front, $9,500.
Mr. Plummer: Well, OK, fine, how many - you're talking about 2800 square
feet? Twenty-three hundred square feet. You're talking about, real figures,
quickly.
Mr. Armada: $55,000 or so a year.
Mr. Plummer: No, I'm... but you're saving $10.00 a square foot, per year.
Mr. Armada: Yes, $4.00 a square foot. Four dollars a square foot is what the
amortization of $9,500 is for one year.
Mr. Plummer: If we got to pay $9,000 for improvements, what I'm saying to you
over a period of two years, aren't we better off taking the $12.00 a square
foot instead of the twenty-two?
Mr. Odio: We're only extending for one year because after that, we will be
moving them here or in personnel with us, cne of the two, we're toying with.
Mr. Plummer: Mr. Manager, you sit down with your calculator.
Mr. Odio: Yes, sir.
Mr. Plummer: I'm saying that I saw her facility yesterday...
Mr. Armada: Yes, I know.
Mr. Odio: Oh, I know.
Mr. Plummer: ... it's $12.00 a square foot under a three year contract?
Mr. Odio: And we're getting an offer now on the same building for eleven,
so...
Mrs. Dougherty: With an option to.....
Mr. Plummer: And she's indicating that there's a possibility they want to
maybe extend beyond a three year. But even a three year at $12.00 a square
foot, when I turn around here and look at $22.00 a square foot, we got more
money than brains.
Mr. Odio: Well, but... I guess that lease was there before this
administration and the only way we could correct it now by extending one year
so we wouldn't have to pay the $10,000. I wanted to cancel that lease and I
was told that we cannot unless we pay up front this kind of money. Once that
lease expires at the end of this year...
Mr. Plummer: Twenty-three hundred square feet at $10.00...
Mr. Odio: ... it's only - you're talking a difference of $1,600 versus
$10,000 that we would have to pay up front. Somewhere in there. Am I
correct?
39 November 19, 1987
INAUDIBLE COMMENTS.
Mr. Odio: So the difference... so we might as well use the office.
Mr. Plummer (Off mike): Three hundred square feet by $10.00. How much is
that a year?
Mr. Odio: Two thousand, three hundred...
Mr. Plummer: 2300? OK.
Mr. Odio: We're trying to correct something that had been done and...
Mr. Plummer: I still say all of you, if you were in the private sector, you'd
starve to death. While the Mayor is talking, I would like to recognize Mr.
Prentice Rasheed who is a gentleman who ran against me and I would like to
congratulate him for running a very clean and positive race and I appreciate
that and I'm sure you'll be seeing us in the future.
NOTE FOR THE RECORD: At this point Commissioner Plummer recognized Mr.
Prentice Rasheed, a candidate in the November 1987 City Commission race, Group
3.
15. DIRECT CITY MANAGER TO REPORT BACK TO THE COMMISSION WITH A PROPOSED
PLAN FOR A NEW CITY HALL AND ADMINISTRATION BUILDING.
------------------------------------------------------------------------------
Mr. Dawkins: You know, ever since I've been here, J.L., I've wondered why
everybody builds a City Hall but us, OK? Or an administration building. Now,
the time I've been here, I'm sure the construction cost has doubled what it
would have cost us to build an administration building. I'd like to make a
motion that the Manager be directed to report back here in January with a plan
to build a first-class administration building with the City Hall facilities
in it and with a cost factor and how we can finance it. Because we're paying
five - anywhere between - what are we paying, Mr. Williams, for rental?
Mayor Suarez: About six hundred, seven hundred thousand dollars.
Mr. Dawkins: No, I mean a year, what are we paying a year Mr. Williams?
Mayor Suarez: Six hundred thousand a year, I think.
Mr. Al Armada: No, over $800,000.
Mayor Suarez: Well, what happened...
Mr. Dawkins: I mean, no, no, I mean total for rental, for rental total?
Mr. Armada: About $800,000 a year.
Mayor Suarez: So what happened the last time this issue came up? I remember
It came out in the newspaper, Mr. Manager, and I believe you made a statement
precisely in accordance with that motion that we would be looking to build an
administration building.
Mr. Odio: Yes, sir, we - Herb Bailey is working on a way of financing the
building so that we don't have to find monies for that or any bond issues.
Mayor Suarez: Commissioner was saying that four times it's been turned down
by us? By the Commission?
Mr. Plummer: No, by the voters when you went out for the bo...
Mr. Odio: Yes. But I think we can now, we're working on the idea.
Mayor Suarez: But we own the land adjacent to the existing administration
building, do we not?
40 November 19, 1987
Mr. Odio: Oh, yes, we do.
Mr. Dawkins: And we own the land adjacent to the jail downtown. We got a lot
of land.
Mr. Odio: We're going to bring that item on the next Commission meeting for
your discussion and your policy decision.
Mayor Suarez: There is no other way of doing it other than the GO bond?
Mr. Odio: No, well, we can sell property like 1145 Northwest...
Mayor Suarez: Divestment.
Mr. Odio: ... and then use those funds to get bonds.
Mr. Dawkins: Go ahead, Mr. Bailey's trying to say something, Mr. Manager.
Mr. Herb Bailey: No, I just - we have completed the first phase of the study
on how to finance a structure in the minimum square footage based on sources
of revenue that we've already recognized that would not require us going to
the voters. Taking into consideration the amount of money that we're already
paying in leases in the projected amount, we will be paying over the next two
to three years, it would include perhaps sale of some assets that we have that
would serve two purposes that would provide us with money to help finance the
construction and would also provide us with additional taxes coming from those
properties. So we have identified in the first phase a ball park figure on
how much it would cost and where we would get those monies from.
Mr. Dawkins: Well, you know it's going to be difficult to do this because
you've got a number of people who do not want to leave Coconut Grove with the
City Hall. But you also got a number of people who are very inconvenienced
coming down here. And if we had a City Hall, per se, in the heart of town, in
the hub down there where everything is, it would be to the betterment of the
City. OK?
Mr. Bailey: We're taking all of that in consideration.
Mr. Dawkins: So and... we could very easily, what's that Pan Am wants to
make this, a museum for Pan American7 We could very easily make this a
museum.
Mr. Plummer: What's you ball park figure for a new City Hall?
Mr. Bailey: Total cost about $32,000,000.
Mayor Suarez: Wait, wait, wait, wait, wait, not for a new City Hall.
Mr. Dawkins: Yes, that's what I'm...
Mayor Suarez: What the question he'just asked was for a new City Hall.
Mr. Dawkins: No, no, no, wait, Mr. Mayor, I'm saying a new City Hall, that's
what I say.
Mayor Suarez: Yes, but that - it can't be $32,000,000 for a new City Hall
now. You're talking about a new City Hall and administration building.
Mr. Plummer: Sure.
Mr. Dawkins: Yes, Mr. Mayor.
Mayor Suarez: Thank you.
Mr. Dawkins: Yes, you're right, you're correct, Mr. Mayor.
Mr. Bailey: That's all the same because we...
Mr. Plummer: How many square feet...
41
November 19, 1987
0 - 0
R-
Mayor Suarez: No, no, no it's not all the same. A new City Hall should not
cost $32,000,000 and you'll never get me to vote for a new City Hall at
$32,000,000.
Mr. Dawkins: No, no way, nobody else.
Mr. Odio: We did not...
Mayor Suarez: Nor anybody else on this Commission.
Mr. Bailey: Well, Mr. Mayor...
Mr. Plummer: How many square feet?
Mr. Bailey: Two hundred and fifty thousand square feet is the ball park
figure that we're looking at. We've calculated our costs to accommodate
250,000 square feet. We can adjust that, as you recall...
Mr. Plummer: Well, of the $800,000 right now, how many square feet are we
renting?
Mr. Bailey: Oh, boy!
Mayor Suarez: Altogether, for City offices with 800,000 square...
Mr. Plummer: $800,000 represents how many square feet are we renting?
Mr. Armada: A little less than 100,000.
Mr. Plummer: So you're talking about then an additional 150,000?
Mr. Bailey: Well, that is the - as you recall, when the City administration
building was built, it did have a second phase and that second phase, at the
time, projected a maximum of an additional 250,000 square feet and we had
those plans. That does not necessarily mean that we have to do that amount.
What we were trying to figure out, what would it cost us if we were to build
out according to the original suggestion on the second phase so we did that as
a ball park figure in terms of how we would be able to adjust that and to see
if that were the optimum requirement, could we do that without any additional
expense to the City and we felt...
Mr. Dawkins: Mr. Manager, when you bring this back in January, have a fast
track with it because Commissioner Kennedy and I do not intend to be running
around trying to break ground for a City Hall when we run in '89 like we were
doing for a police station.
Mr. Odio: Yes, sir.
Mr. Plummer: We'll break ground three times.
Mayor Suarez: Can we have that in the form of a motion? Do we have a second?
Mr. Plummer: On, what is the motion?
Mayor Suarez: The motion was that the Manager study and bring back to the
Commission a proposal to have a new administration building with City Hall. I
could tell you right off the bat as far as the City Hall portion that I will
oppose that but I have no problem with the study being done. I would suggest
that when you come back you bring a separate estimate of what it would cost
for one without the City Hall, just for the...
Mr. Odio: When you say...
Mr. Dawkins: That's the beauty of being up here with five people, it take
three votes, one vote don't stop it.
Mayor Suarez: That's right.
T
Mr. Dawkins: OK.
i
Mr. Odio: When you say, City Hall, you're talking about the City Chambers,
the Commission meeting - this room.
j 42 November 19, 1987
—r
Mayor Suarez: And offices that accompany it and so on.
Mr. Plummer: I'm assuming we're talking about something like Metro has.
Mr. Dawkins: Yes. Yes.
Mr. Plummer: The new government building, that's what you're talking about.
Mr. Odio: OK. —
Mr. Dawkins: That's what I'm... -
Mr. Bailey: That can be modified to suit the Commission's desires but we are
calculating to include everything that would address the City's needs.
Mayor Suarez: All right, but the idea is that we have been waiting for this
for quite a while and now we're asking for it to be fast tracked. To be made
a priority. —
Mr. Odio: Yes, sir.
Mayor Suarez: Does that .reflect the tone of your motion?
Mr. Dawkins: Yes, Mr. Mayor. -_
Mayor Suarez: Do we have a second?
Mrs. Kennedy (Off mike): Second. -
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
e its adoption: -
MOTION NO. 87-1018 -
A MOTION DIRECTING THE CITY MANAGER TO REPORT BACK TO
THE CITY COMMISSION IN JANUARY OF 188 WITH A DETAILED
PLAN IN CONNECTION WITH THE PROPOSED PLAN TO BUILD A
FIRST CLASS CITY HALL AND ADMINISTRATION BUILDING,
SAID PLAN TO INCLUDE PROJECTED COST FACTORS ASSOCIATED
WITH THE FINANCING OF SAID PROJECT.
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.
---------------------------------------------------------------------- ----
16. AUTHORIZE RENEWAL OF LEASE AGREEMENT WITH COCONUT GROVE BANK FOR OFFICE
SPACE TO BE USED BY LABOR RELATIONS OFFICE. (See label 14)
------------------------------------------------------------------------------
Mayor Suarez: What are we doing with item 16? Do we have a motion on 16?
Mr. Dawkins: That was 16, Mr. Mayor.
Mayor Suarez: No, we haven't voted on this lease.
Mr. Dawkins: That's right. That was, J.L. pulled it.
Mayor Suarez: Are you ready to vote on it, Commissioner?
Mr. Plummer: Mr. Mayor, they're saying that we have no choice. I'll move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved. Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1019
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE
THE RENEWAL OPTION, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO THE LEASE AGREEMENT DATED NOVEMBER 1,
1984, BETWEEN THE CITY OF MIAMI AND COCONUT GROVE
BANK, FOR 2,383 SQUARE FEET OF SPACE IN THE COCONUT
GROVE BANK BUILDING AT 2701 SOUTH BAYSHORE DRIVE, FOR
THE PERIOD BEGINNING NOVEMBER 1, 1987 AND ENDING
OCTOBER 31, 19881 AT A YEARLY RENTAL OF $52,425, WITH
FUNDS THEREFOR ALLOCATED FROM LABOR RELATIONS,
BUDGETED DEPARTMENTAL FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
44
November 19, 1987
17. AUTHORIZE APPLICATION FOR A LOAN FROM SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION TO REFINANCE MIAMI SPORTS AND EXHIBITION
AUTHORITY'S SUBORDINATE OBLIGATION NOTE.
Mayor Suarez: Seventeen.
Mr. Dawkins: John, explain to me what we're doing here, please.
Mrs. Kennedy (Off mike): Isn't seventeen the application for the bond pool?
_ Mr. John Blaisdell: Yes, ma'am. Mr. Mayor, Commissioners, good morning.
Item number seventeen is a resolution authorizing the City Manager to make
application on behalf of the Sports Authority to the Sunshine State Financing
Commission or some other pool financing commission, possibly the Florida
League of Cities Commission in order to reduce the overall cost of debt which
was issued by the Sports Authority back in 185 which we are currently using to
finance the Knight Center improvements and the Coconut Grove Center
improvements.
_ Mr. Dawkins: Is this the money - the $10,000,000, is that the money that the _
Sports and Exhibition Center was to have and was promised to more than one —
project?
_ Mayor Suarez: Yes, some of this would go to the James L. Knight and some to
the Dinner Key Exhibition Facility.
Mr. Plummer: That's correct.
Mr. Blaisdell: Correct, you have allocated...
Mayor Suarez: But you're trying to get a lower interest rate here by going to
the pool.
Mr. Blaisdell: That's correct.
Mr. Dawkins: Mr. Blaisdell, I will ask my question again.
Mr. Blaisdell: Yes, Commissioner.
Mr. Dawkins: Is this the money that the Sports and Exhibition Authority has
promised to pay back from two different sources?
Mr. Blaisdell: Yes, sir.
Mr. Dawkins: OK, so we really and truly are going to get money from the
Sunshine pool that you do not have a guaranteed source of repaying it, is that
right? Of course, because the money's already in question.
Mr. Blaisdell: No, I don't believe that's correct.
Mr. Dizvkins: OK, well what...
Mr. Odio: Commissioner, if I may, the Sports Authority had to give us
$10,000,000. They went to the Sunshine - what is it, Sun Bank and the money
has already been spent by the way on the Knight Center, it's almost finished
and we're committing to the Exhibition Center. But the City had to secure
that money, in other words, we had to put up the security on the pay back of
the $10,000,000. By refinancing, the City might be off the hook as far as
_= securing them and that's what we're trying to get.
Mr. Dawkins: Wait a minute now.
Mr. Odio: No, but...
Mr. Dawkins: No, wait a minute. Run this by me slowly so I can understand
it.
45 November 19, 1987
j
i
Mr. Odio: By refinancing the payments will be less and, therefore, the Sports —
Authority will be able to pay back and the City will have a minimal risk.
Right now, as we sit with the $10,000,000, the City has a lot more risk than
we would have if we refinanced.
Mr. Blaisdell: Commissioner, that's correct. Maybe some additional
background may help you in remembering how this all came about. Back in
- December, as you know, the Sports Authority had $10,000,000 in escrow with Sun
Bank and we were unable to take that money out of escrow to utilize it for
those projects which you wanted to use it for and we explained to you that in
order to be able to do that, the City needed to come up with an additional
pledge.
Mr. Dawkins: But you're leaving out the most important part. The most
important part is that the Sports Authority and its chairman promised this
Commission the $10,000,000.
Mr. Blaisdell: That's correct.
Mr. Dawkins: OK? And they did not deliver.
Mr. Plummer: The former chairman.
Mr. Dawkins: Yes, foreman. And they did not deliver. Now that's the most
important part you're leaving out, OK? Now, my other question to you is, will
the refinancing of this $10,000,000 free up any money in the Sports Authority
to be put into parking for the Heat?
Mr. Blaisdell: It will free up money, hopefully, for both the City and the
Ad Authority.
Mr. Dawkins: No, I'll re... see, you're just like my wife, you hear what you
want...
Mr. Blaisdell: Right, we have not - we have not... no, no...
Mr. Dawkins: No, you're just like my wife, you hear what you want to hear,
now I'm going to ask the question again, I'm going to ask the question again.
Mr. Plummer: No, no, no, no, no. That's....
Mr. Dawkins: Will the refinancing of this $10,000,000 free up any money for -
the Sports Authority to put in to providing parking for the Heat? _
Mr. Blaisdell: No.
Mr. Dawkins: OK, that's the answer. —
Mr. Plummer: Well...
Mr. Dawkins: By borrowing this $10,000,000...
Mr. Plummer: Wait a minute now.
Mr. Dawkins: Go ahead, J.L.
Mr. Plummer. Let's get that clarified. As it stands today, his answer is
correct but it is still under negotiation. Under negotiation is the City
still has a first priority to the monies. In negotiation at the present time
is the possibility that the City would take a second position based on this
going over to the fund from the Sunshine.
Mr. Odio: No, sir, we are not taking a second position.
Mr. Plummer: That's under negotiation, Mr. Manager.
Mr. Odio: No, sir. it is...
Mr. Plummer: It's not been agreed to.
Mr. Odio: Commissioner, you have ordered me to stay in the first position.
46 November 19, 1987
i k 1
•
9,
Mr. Plummer: Exactly.
Mr. Odio: We are not moving. I don't care what they say, we are not moving.
Mr. Plummer: All right, but it's on the table.
_ Mr. Odio: It is not on the table. It's as a first position. We are not
_ negotiating that issue that you ordered me to keep it as a first position. We
will not negotiate that point.
_ Mr. Plummer: OK, but now, Mr. Dawkins, let me go to another point so you're
aware. It is my understanding that we are in - not we, they are in a bind on
the parking.
Mr. Odio: Sir, look, we have to have a parking plan. Yes, we have a product.
Mr. Dawkins: Go ahead, J... so what, J.L., so what are you saying?
Mr. Odio: We need to deliver...
Mr. Plummer: OK, they are on a bind. Now, you will recall, at the time that
they came before here and the Mayor issued a letter to the NBA, we are talking
about four City owned parcels involved and I said and passed before this
Commission we would let them use those parcels but the City, because they use
taxpayers' money, had to get a fair return to the City for the use of those
parcels.
Mr. Dawkins: And it had to be available when we wanted them.
Mr. Plummer: And that is not now the case. OK? The Off -Street Parking
Authority...
Mayor Suarez: Well, as to what he said it is the case because they have built
in the provision that if we need them for Overtown Park/West, the next phase
or whatever, they will be available. As to your issue of a fair return on
land that is not being used, that has not been resolved and it would cost an
incredible amount of money, I happen not to be in agreement with you on that
point.
Mr. Plummer: Well, the point I'm trying to make, Mr. Mayor, is to answer the
question that he asked of Mr. Blaisdell...
Mayor Suarez: Right.
Mr. Plummer: ... the problem is, is those monies which the City were going to
anticipate in a fair return for the use of that property because of a
miscalculation in which the original estimate to do the parking was going to
be about a $700,000 investment, has now gone to a million two or a million
five and there is a proposal supposedly coming to this Commission that we
waive all of that money until and after the Off -Street Parking Authority gets
their money back.
Mr. Dawkins: Well, this is one vote no.
Mr. Plummer: OK, wait a minute, it goes further now...
Mr. Dawkins: It's still no.
Mr. Plummer: We'd better put all the damn ducks up on top of the table.
There is another major issue coming before the authority that - yes, sir,
you'd better put it up on top of the table right now because if not, this City
Commission is going to be painted as the bad guys and I'm not standing still
for it.
Mr. Odio: No, I agree with you. I tell you I...
Mr. Plummer: OK? Now, let's go back, the NBA is now stated to the team that
the facility does not have adequate bathrooms and that if the bathrooms are
not almost doubled, is it?
Mr. Blaisdell. Yes.
—i
47
November 19, 1987
Mr. Plummer: Almost doubled, after the building is built and completed, that
they're not going to give them the franchise. Let me finish, please. The
Summit, in which an NBA team plays, has bathroom facilities of about 36; are
my numbers...
Mr. Odio: Let me say that the bathrooms that we have in this arena is 31%
higher than the Summit.
Mr. Plummer: Can you answer my question? ... than the Summit has right now,
now, excuse me, we have 76 bathroom facilities built into this facility now,
am I correct?
Mr. Odio: Yes.
Mr. Plummer: The NBA is demanding of the Heat...
Mr. Odio: A hundred and twenty-five.
Mr. Plummer: ... 125 bathrooms, or an additional $2,000,000 to $2,500,000 or
they...
Mr. Odio: No, but... let me explain, Commissioner. Even if we had the money,
we cannot build the bathrooms at this time because there is no space in the
building.
Mr. Plummer: OK.
Mayor Suarez: So we're still negotiating with the NBA. What do you want
it...
Mr. Plummer: No, we're - Mr. Mayor, we are not.
Mayor Suarez: You're putting on the record one concern that we have among
many in the negotiations with the NBA.
Mr. Plummer: No, sir, excuse me, we are not negotiating, that's one of the
problems. We, the City Commission, are not negotiating with the NBA. The
Heat organization, I assume, is doing that. But that facility, which is
$50,000,000, which has already been - what? Eighty percent completed?
Mr. Blaisdell: Sixty-five.
Mr. Plummer: Sixty-five percent completed, are now saying to this local
company, if you don't double those bathroom facilities, you're not going to
get the franchise.
Mayor Suarez: So why are you getting involved? If you see it that way...
Mr. Plummer: All right.
Mayor Suarez: ... not as a City problem, why are you getting involved in the
negotiations between a tenant and the professional franchise?
Mr. Plummer: Simply because I don't want anyone to come back and say that
this Commission didn't do what they were supposed to do. That we are - I'm
saying, I'm not going to allow this Commission to get painted as the bad guy.
That's what I'm saying. OK?
Mr. Dawkins: Madam City Attorney, how do you take a position with the NBA
saying that when you first started out with us you wanted X number of parking
spaces, then you came back and said you would not give a franchise unless we
had 3X parking spaces. Then, when we almost get the parking spaces worked
out, then you come back and say we need 3X toilet spaces. I would like,
personally, if nobody at the Commission won't do it, to let the NBA know that
they trying to do their damnedest not to give the franchise to the Heats.
Because every time you turn around, they are coming up with something else out
of the bag that they want the franchise owners to come up with and it's an
exclusion that they don't want - they're trying to exclude them, how do I do
that?
Mayor Suarez: Yes, that's certainly a fair question. I would ask the City
Attorney to look for us to see what kind of exposure we're talking about here
48 November 19, 1987
r,1
on behalf of the Heat. Can the NBA just all of a sudden impose ridiculous
requirements when these people have already made a major investment, when the
City has made a major investment and negotiations, when the Chamber of
Commerce and the whole world has worked awfully hard, have them come up on the
_ issue of bathrooms and create a problem? I presume not, but, you know.
Chris.
Mr. Chris Korge: Mr. Mayor, the problem is that when the Heat entered into
their expansion agreement, there was a provision in that agreement which we
just saw a couple of days ago which stated that they would be subject to any
NBA operation requirements that were to be promulgated. Now...
Mayor Suarez: Well, they have to be reasonable, I presume, I mean, you know.
Mr. Korge: You're correct in that assum;tion. Presently, we are discussing
all of these issues with the team and the NBA. We're in a difficult position
because we do not have a contractual relationship with the NBA, the team does
and we have to be extremely careful that we don't interfere with their
relationship with the team and the NBA. So we are working with the team to
try to resolve these matters. As Commissioner Plummer mentioned, as far as
the bathrooms concerned, we have 31% more bathrooms than the Summit does. And
we're questioning the reasonableness of these requirements, but at this point,
it's premature to say exactly what will occur, but there's a very short period
of time for things to happen.
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: OK, Commissioner DeYurre.
Mr. DeYurre: I think that one thing we have to stress here is that just
because we find out about these things at X date, does that mean that that's
when this issue has arisen? Does the Heat know these things before we know
it? Do they withhold that information before, you know, at a time - by the
time we find out about it, it's too late. I think that we need to understand
that also.
Mr. Korge: Mr. Mayor...
Mr. Odio: I received a call, Commissioner De Yurre, late the night before
last about 10:00 o'clock at night telling me that you don't have enough
urinals. I say, well, you better go play in Orlando or something because, you
know, this facility is almost finished act far as the structure is concerned
and to come up at this late date and late at night to tell us that we don't
have enough urinals, is kind of ridiculous.
Mrs. Kennedy: That's the whole...
Mr. Odio: There might be a solution in some places...
Mr. Dawkins: What? In Port-O-Lets?
Mr. Odio: Yes, that might be one, and the other one is go from individual -
how do you say those things?
Mr. Korge: You don't want to say it.
Mrs. Kennedy: No, you don't want to say it.
Mr. Odio: OK.
Mr. Korge: Mr. Mayor.
Mr. Plummer: No, no, no, no. What I told you the answer was, just don't sell
beer.
Mr. Odio: We have to call Demetrio Perez to ask him how do you call those.
Mayor Suarez: Yes, the specifics of it is not really the question. The
Commissioner's arcking, has it been your experience that the Heat takes too
long to tell us about these things as they come up?
49 November 19, 1967
Mr. Blaisdell: May I, Mr. Mayor, I'll answer that question, but I'd like to
give you...
Mayor Suarez: Somebody. _
Mr. Blaisdell: ... I think it's important to the background as to how we
- found out about it which I think is pertinent to the Commissioner's question.
On August 20th apparently the NBA sent a letter to the Heat indicating that
there were certain...
Mayor Suarez: That's August 20th, 187 presumably, right?
Mr. Blaisdell: ... inconsistencies with what they quoted. They had engaged _
an expert to say, not only it's not a ------- question, it's a question of how --
many square feet the visiting team locker rooms need to have, how many square
feet this needs to have, how's the lighting supposed to be. They have,
independently, the National Basketball Association, engaged a consultant to
recommend certain criteria for new arenas. They transmitted that to the Heat
in late August and the response, when we looked at the recommended criteria,
OK, vis a vis what we had in the facility, is how this issue has arisen. We
found out yesterday that the Heat had contracted themselves to be bound by the
operational requirements and their expansion agreement. So, I...
Mayor Suarez: When did we first hear about these recent problems of redesign
in bathroom facilities and locker... —
Mr. Blaisdell: I found out about - on behalf of the Authority, I was the
first one to find out about it.
Mayor Suarez: When?
Mr. Blaisdell: About a week and a half ago.
Mayor Suarez: So they took from August 20th until a week and a half to let
you know, that's his question.
Mr. Blaisdell: That's correct. That's correct.
Mr. Korge: But, Mr. Mayor, you should be aware of the fact that even if we
had known on August 21st, it may have not changed the situation at all. And
in all fairness to the Heat, that should be put on the table. Because of what
point we're at construction, it may not have made a difference, but it took
that long. And again, that was a recommended criteria. You were to respond
to that. It wasn't a final word and they just got the final word recently.
Mayor Suarez: We assume they're going to be flexible on these, otherwise,
obviously, there will never be a way to meet all of them.
Mr. De Yurre: Well, I think that...
Mayor Suarez: Commissioner.
Mr. Plummer: Well, Mr. Mayor, let me put just one other thing on the record
-- and then I'll be quiet. The drop dead day is December the 1st. December the
1st is when the local organization has to put up the major portion of the
money and that is where the rub is coming. You are talking about another 12
days in which beaucoup millions of dollars have got to be committed by the
local organization or they will then redo the franchise and expand it
somewhere else. So, I'm just bringing this to the table now because it...
Mayor Suarez: Well, they've made one payment, how much do they have to pay on
December 1st?
Mr. Odio: $14,000,000, I believe... $13,000,000.
Mr. Blaisdell: $13,000,000.
Mr. Plummer: Yes.
Mayor Suarez: And I'm sure they're going to negotiate furiously over the next
13 days to make sure...
50 November 19, 1987
v
Mr. Plummer: Well, but the question is, who are they going to negotiate with?
Are they going to negotiate with the NBA to be reasonable or are they going to --
negotiate with the Sports Authority to expand? You see, this is the problem.
There's been a number of problems in reference....
Mayor Suarez: We've said pretty clearly today on the issue of the bathrooms
that we could not possibly expand so that...
Mr. Blaisdell: Mr. Mayor, when...
Mr. Odio: Mr. Mayor, Commissioners, we don't have the money to spend another
dollar in that arena. The arena was very well designed...
Mayor Suarez: Right. So they have to negotiate with the NBA.
Mr. Plummer: So they will. No, no, the Heat will. That's the point I'm
trying to make and make it clear.
Mayor Suarez: Yes. They'll have to negotiate with the NBA and I'm sure when
they're sitting on $13,000,000 about to be deposited, they're going to
negotiate over the next 12 days awfully hard.
Mr. Odio: Yes, but their philosophy is of putting the heat on us and...
Mayor Suarez: They put the heat on us, right?
Mr. Plummer: That's it, that's what I'm trying to defend.
Mr. Odio: OK and I am telling you, Mr. Mayor, I really...
Mayor Suarez: We just told them we were ice cold on that issue. -
Mr. Odio: I told them that they're, you know, we don't have the room to put
any money, we might... -
Mayor Suarez: We've said that now four times. -
Mr. Odio: ... and we don't have the money, so, therefore, they'd better -
resolve their problem with the NBA. _
Mayor Suarez: Right. OK. Anything else on this issue?
Mr. De Yurre: Mr. Mayor, you know, my concern... -
Mayor Suarez: Commissioner De Yurre. -
Mr. De Yurre: ... my concern is that, you know, we have a lot at stake and we
seem to be sitting in a position that we have no say or we find out this
information by third parties and by the time we find out about it, we're the
ones that are getting hurt. Legally, it's the NBA and the Heat that are
working out their arrangement, but certainly we have a big stake and I'd like
to see if there's anything we can do legally where we could have input
immediately as to what's going on and not find out about it down the road.
Mr. Plummer: Excuse me, Commissioner, I don't think you want input. Input
implies responsibility.
Mr. De Yurre: Well, at least get the information...
Mayor Suarez: One thing, yes I was going to say, one thing you'd have to do
is you're going to have to convince him who doesn't want the City to be
directly involved. I disagree with them, I think the City should be directly
involved and to some extent, we have been directly involved but...
Mr. Plummer: Well, the only involvement that we legally have, under this
_ concept under the State of Florida, is that we name the members and we approve
their budget.
Mayor Suarez: But we're not talking about legality, J.L., we're talking about
the policy aspect of this. To what extent do we want to be involved in this.
The Commissioner is saying, maybe we should be a little bit more involved,
maybe we should get the information up front a little bit quicker from...
51 November 19, 1987
91
Mr. Plummer: That's fine, I got no problem with that.
Mavor Suarez: ... I don't think anybody does, really.
Mr. Korge: Mr. Mayor, Mr. Mayor, as a practical matter, the NBA is going to
be looking to the authority and to the operators to answer questions as to the
facilities. They have to feel comfortable with certain things and they're
going to be talking to us directly. So...
Mayor Suarez: But it does sound like we have a - and we all agree on one
thing here, it does sound like we have a bit of a communication problem with
the Heat and I, you know, suggest that you get with them, in the next 12 days,
obviously, that communication problem is going to have to be resolved or this
whole house of cards is going to fall apart.
Mr. Korge: For the record, we've asked for the expansion agreement. We, to
this date, have not gotten a complete copy of the expansion.
Mr. Blaisdell: It's a good point. We're concerned that there may be other
provisions like that that will come up and creep up as in December, we're
going to...
Mr. Plummer: That you don't know about.
Mayor Suarez: I would suggest that they get that to you within 24 hours if
they want to have the City's continued cooperation.
Mr. Dawkins: OK, what's - are you finished, Mr. De Yurre? What's going to
happen to the money saved by the refinancing of this loan?
Mr. Blaisdell: They'll be available for any authorized Authority use as
determined by the board and the City Commission.
Mr. Dawkins: By the board, right?
Mayor Suarez: And the City Commission.
Mr. Blaisdell: And the City Commission.
Mr. Dawkins: OK.
Mr. Plummer: You know, that's not really a true answer. This City Commission
does not have control over the funds of the Authority. That is separate.
Mr. Blaisdell: But Commissioner, last time they did...
Mr. Plummer: OK, but that money that is saved in the interest is, hopefully
Miller, going to save us if we have to pick up the obligation. If there is no
obligation, then the money goes directly to the Sports Authority and they do
with it as they see fit.
Mayor Suarez: But we have to approve any new projects of the Authority so it
eventually has to come back to us.
Mr. Plummer: No. no, that's not...
Mr. Korge: That's not always correct.
Mr. Blaisdell: Essentially, Mr. Mayor, what's happened in the past is that
when the Authority takes action that's not in accordance with what the board
likes, the Commission comes in and does what they want. That's what I meant
to say with my comment.
Mayor Suarez: Right.
Mr. Plummer: There you go, there you go. Now, you're right.
Mr. Blaisdell: I did not mean to imply it had direct...
Mr. Plummer: Yes.
52 November 19, 1987
Mr. Korge: The savings will be that your pledge will not be drawn down upon
as greatly and you'll be repaid sooner. That's...
Mr. Plummer: Well, at this point, that's not the case because we still hold
first priority.
Mr. Odio (Off mike): And we will.
Mr. Korge: I understand that.
Mr. Plummer: OK, so there is no draw down.
Mayor Suarez: 1 won't get into the issue of the priorities here because I
think this... anyhow, on this item...
Mr. Plummer: I move item 17.
Mayor Suarez: ... to try to reduce the cost of the $10,000,000 financing. So
moved.
Mrs. Kennedy (Off mike): Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1020
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A LOAN
FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION,
A LIMITED INTERLOCAL GOVERNMENTAL LOAN PROGRAM OR SOME
OTHER POOL FINANCING PROGRAM, IN AN AMOUNT NOT TO EXCEED
$10 MILLION DOLLARS TO REFINANCE THE MIAMI SPORTS AND
EXHIBITION AUTHORITY'S SUBORDINATE OBLIGATION NOTE SERIES
1985 WHICH HAS BEEN ALLOCATED TO FUND IMPROVEMENTS AT THE
CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER AND THE COCONUT GROVE EXHIBITION
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 J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
18. TEMPORARILY DEFER CONSIDERATION OF APPLICATION FOR LOAN FROM GOVERNMENT
COMMISSION FOR FINANCING GUSMAN/OLYMPIA BUILDING REDEVELOPMENT. (SEE
LABEL 79)
------------------------------------------------------------------------------
Mayor Suarez: Item IS.
Mr. Dawkins: Eighteen. I got the same questions.
Mr. Plummer: dell...
Mr. Dawkins: No, how are you going to build parking lots for the Heat and you
want me to help you borrow $10,000,000 to do something. Looks like if you've
got money to build parking lots you would have money to do this with.
53 November 19, 1987
Mr. Jack Mulvena: Commissioner, as you know - for the record, Jack Mulvena,
Executive Director of the Department of Off -Street Parking. Just to remind
you, the Olympia Building and the Gusman Theater is a piece of property that
you own, the City owns, that is not parking related. And we are the manager
of the building and we're also the manager of the theater and doing the best
we can to try to make ends meet.
Mr. Dawkins: To whom do we pay rent for being in there?
Mr. Mulvena: Right now?
Mr. Dawkins: Yes.
Mr. Mulvena: Well, you pay rent to the Manager who, in turn, if there's a
profit...
Mr. Dawkins: And who is the manager?
Mr. Mulvena: We're the manager.
Mr. Dawkins: OK, so if it's my building and I'm paying you rent, it's not
mine.
Mr. Mulvena: Well, it comes right back to you in the forms of profit if we
_ make a profit. If it doesn't, if you get a deficit, you've got to pay that
too because it's your building.
Mr. Plummer: When was the last time it made a profit?
Mr. Mulvena: It's never made a profit. Not in my lifetime.
Mr. Dawkins: At least you're... That's right, I like you better than I like
that other guy.
Mr. Mulvena: Yes, we had approximately a 150 thousand deficit last year.
Mayor Suarez: Nice, uncomplicated, straightforward, former football player.
Mr. Mulvena: But if I may go further with regards to the use of this
$10,000,000, since it's your building then it's up to you to authorize for the
City Manager to apply for money to finance its improvement, its expansion, and
the theater's redevelopment. That's why the resolution before you asks that
you authorize the City Manager to apply for that $10,000,000 from the Sunshine
Fund at favorable rates and turn that money into the redevelopment, both of
the property and the theater. Anticipating one of your questions, perhaps,
regarding how we would pay back as the manager of that particular building the
loan, there would be guaranteed tenants for the building including the ground
commercial space and the office building over top.
Mrs. Kennedy: How much is the rent anticipated to be?
Mr. Mulvena: The rent is expected in the office building to be $22.00 a
square foot for the guaranteed tenants. And the two of the guaranteed
tenants, as you know, are the owner...
Mr. Plummer: The problem is, Jack...
Mr. Mulvena: Yes.
Mr. Plummer: ... $22.00 a square foot in an old building or in that building
and yet AmeriFirst, which is a first rate building today, she's got a contract
for $12.00 a square foot for the next three years with a potential add on
after the three years. Are we really being smart?
Mr. Mulvena: Well, I personally and professionally think you are being smart
because if you invest in this building which you own, granted for $22.00 a
square foot, we project that we as the managers would not be coming back
before the Commission to underwrite deficits. We think it's going to be a
first class building. It will be on the A.I.DuPont type of standard when it
was a new building. It's going to be a great old fashioned, restored building
that we think a lot of people, after the guaranteed tenants get out of there,
54 November 19, 1987
will like to have some opportunity to be tenants on their own right. I think
it's a good investment, it's a property that you have that, if left unattended
any longer, I think's going to be an embarrassment to the City and the
Commission, you know, I don't think...
Mr. Plummer: Yes, that's
Mr. Mulvena: ... we, as managers, and you as owners want to be called slum
landlords, but if we don't do something with the building, then we're faced
with the embarrassment of boarding it up, walking away from it and as a _
result, walking away from the theater which is, as you know, just beginning to _
come into its glory.
Mr. Plummer: Who's the guaranteed tenants? —
Mr. Mulvena: Well, the two guaranteed tenants in the office building are the
Department of Off -Street Parking, again the manager is going to have their
offices there, that's us, for the rate and so will the City commit to the
additional square footage. The break out is 25,000 square feet for the
Department of Off -Street Parking, 35,000 square feet for the City of Miami.
Mr. Plummer: And if we're buying 35,000 square feet, why wouldn't we buy it
at $12.00 a square foot instead of $22.00? I get back to the same question.
Mr. Mulvena: Well, you know, there's no doubt you certainly could do that
elsewhere but it does not achieve the ends of doing something with the
building that you own.
Mr. Plummer: How many square feet total in the building?
Mr. Mulvena: Oh, counting the ground floor space and the addition that we're
going to add to the building, it's approximately 85,000 square feet. `
Mr. Plummer: So you're talking about the Off -Street Parking Authority and the
City being 60,000 square feet.
Mr. Mulvena: Right. And then there's commercial space on the...
Mr. Plummer: That's not the point.
Mr. Mulvena: Oh.
Mr. Plummer: You've got 20,000 square feet left to rent to independents.
Mr. Mulvena: Not in the office tower, that's commercial space on the ground
floor and...
Mr. Plummer: Excluding the retail.
Mr. Mulvena: All right, excluding retail, we're basically talking about
60,000 square feet.
Mr. Plummer: What about that paper I gave you this morning? That this man is
talking about fraud, what is that?
Mr. Mulvena: I had a chance to take a look at it.
Mr. Plummer: No, it's not that one, it's the other one.
Mr. Mulvena: Oh, it's not this one?
Mr. Plummer: That he put up at the top, Illegal Fraud...
Mr. Mulvena: Yes, yes.
Mr. Plummer: ... is there any basis to that at all? What is the...
Mr. Mulvena: Well, to tell you the truth, I don't think there is any basis at
all to it. Just to give you some background, we get regularly audited, you
know, just like you do at the City.
55 November 19, 1987
Mr. Plummer: No, but what are the accusations being made there? He makes
five points, I didn't read them.
Mr. Mulvena: Well, I think the accusations go outside of the City and the
building. They apply more to the winner or the single bidder on the project,
which is Flagler Landmark Associates, OK?
Mr. Plummer: And what part do they play?
Mr. Mulvena: Well, about a year and a half - well, two years ago, following
the unified development process, we advertised for people who would want to
achieve this end, that is redevelop the building, the Gusman Theater, etc.
They were the lone bidder. We presented this to the Commission. They
authorized the City Manager and the Executive Director to negotiate with
Landmark to come up with a deal. OK, we have been doing that...
Mr. Plummer: But what is there - are they the contractors, are they the
promoters, are they what? What is their role, what do they play?
Mr. Mulvena: OK, their role at this point is both the developer and the
construction component of the project. The moment the project was completed,
that's the entire office tower, retail, perhaps new restaurant, whatever
amenities they're going to provide. That would be assigned to your Manager,
that's the Department of Off -Street Parking.
Mr. Plummer: Then they're out.
Mr. Mulvena: Then they're out.
Mr. Plummer: So they're getting paid a fee for the contracting.
Mr. Mulvena: Exactly, and it's presently under negotiation.
Mr. Plummer: And what is the neighborhood of that fee at the present time?
Mr. Mulvena: Overall, counting all professional services, in the neighborhood
of about 10 percent. That counts legal, development, everything.
Mr. Plummer: Ten percent of ten million? What does the project cost, total?
Mr. Mulvena: Right now, we're talking about a range between 8.5 million and
10 million depending on how much redevelopment we want to make in the theater.
And we naturally want to do some redevelopment in the Gusman Theater.
Mr. Plummer: We're talking about building a new administrative building.
Mr. Mulvena: Yes.
Mayor Suarez: What interest rate do we expect, by the way?
Mr. Mulvena: With the Sunshine Fund?
Mayor Suarez: You told us last time...
Mr. Mulvena: Yes.
Mayor Suarez: ... I just don't know if things have improved or - Carlos.
Mr. Mulvena: Carlos, do you know?
Mr. Carlos Garcia: It's probably going to be less than 6 percent.
Mayor Suarez: And we can't borrow money individually under that pool?
Mr. Mulvena: Yes, well see, you know, the - you know the point is if that was
the parking garage, we would be doing the financing ourself, but our charter
and our limitations prohibit us from doing anything other than parking
business.
Mr. Plummer (Off mike): See, the problem is you've got a glut of office space
downtown. If you didn't, you wouldn't have it being offered at $12.00 a
square foot.
56 November 19, 1987
Mr. Mulvena: This is an office building and it is a theater which we manage
for you. So, there may be other alternatives to the City to pursue but I =
think this is the best alternative that you've got in the here and now.
Mayor Suarez: Yes, that's the whole point of the pool.
Mr. Mulvena: Sure.
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. De Yurre: Is this City committed to doing this structure?
Mayor Suarez: We approved it before.
Mr. Plummer: Well, you're not committed until you authorize the actual
construction.
Mr. Mulvena: Until we get the - yes.
Mr. De Yurre: Yes, because...
Mr. Plummer: At the present time, there's no money to do it, to even
authorize. That's what we're trying to do here is to get the money so that it
could be possibly authorized. But until you get the money, you can't
authorize anything.
Mr. De Yurre: You know, because we're talking about millions and 8.5 to 10
NINE and that could easily become 12 to 14 the way things run in this town and, you
® know, I think that w e need to take...
Mr. Mulvena: Oh, by the way, if I may interrupt for a minute, we're
negotiating with a single proposer on a guaranteed maximura which is affixed to
the fee. So we're not talking about...
Mayor Suarez: That's bondable, the guaranteed maximum?
Mr. Mulvena: Absolutely, that's what we're looking for.
Mr. Plummer: They don't get paid.
Mr. Mulvena: And that's why the fee goes up a little as you get a guaranteed
maximum and that's what we're doing with our own architects and what not,
making sure that door knobs are right and everything that we want in that
building are going to happen. So, it's a very different type of deal compared
to your normal construction project that might have the opportunity to get out
of hand. If it does, it's on their shoulders, not on ours.
Mr. De Yurre: Well, what...
Mrs. Kennedy: Jack, I'd like to see some - I'm sorry...
Mr. De Yurre: If I may, you know, what kind of company is this? Do they have
the backing to say, OK, we have to kick in a million or two, we're going to.
have to cover that. You know...
Mr. Mulvena: It's a rather substantial group of people, Al Cardenas is a
member of the partnership. Jim Beauchamp of Beauchamp Construction, Jaime
Bermello, the architectural firm, there's a collegial group of about four
partners.
Mr. De Yurre: Are we getting some kind of bonding, a bond from them
guaranteeing this?
Mr. Mulvena: It would be an absolutely necessary part of our agreement that
we would advise the City Manager to move into, sure.
Mrs. Kennedy: I'd like to see a feasibility study of the area. The number of
unoccupied office space, the going rate. I'm sure you have that.
57 November 19, 1987
Mr. Mulvena: I'm sure it's readily available, but I mir,.At be able to short
cut your inquiry, we are, in fact, well above the market because we are
attempting to buy more than just office space. We're trying to buy
underwriting the deficit that the City has to take some responsibility for
Gusman. We're really trying to take that corner which is the City's property
and turn it from the potential embarrassment into a very, very beautiful part —
of the City. And it's got spin off development potential for Flagler Street,
etc. So granted, I could get that information for you, Commissioner, but
there's no way to defend the fact that this is higher than the market, but is
buying more than what we would buy in another leased building. Yes, I
might...
Mr. De Yurre: Excuse me, how much is that property worth right now?
Mr. Odio: I think he should add something.
Mr. Mulvena: Yes, it's another point that City Manager - I apologize for not
bringing this to your attention too. In addition to us redeveloping the
property you own, inclusive in the $10,000,000 figure, is the acquisition of
the property just west of the property, which is on Flagler Street, presently
owned by Nathan Rock and we're in the negotiation phases now where we would
secure that piece of property.
Mrs. Kennedy: Which is what?
Mr. Mulvena: It's presently a commercial space; it's actually three store
fronts next to the theater, demolish that property and right alongside of your
building, to give you back a larger building. In other words, it's both the
restoration of the Olympia Building and the expansion of it. All within that
$10,000,000 figure.
Mr. Plummer (Off mike): Even with expansion, you're only going to 80,000
square feet of office?
Mr. Mulvena: Basically, yes, it's an old configured building which doesn't
allow for... by the way, there's an illusion if yes...
Mr. Plummer: I guess maybe my math is wrong. But at 35,000 square feet,
paying $10.00 more a square foot than you can get elsewhere, is $350,000 a
_ year. The City would be subsidizing in reality $350,000 a year for the 35,000
square feet we're using because we could get it cheaper elsewhere. That's a
hell of a gap to pay.
Mr. Mulvena: Yes. But keep in mind, you hit on it very earlier, you have
been underwriting the deficit of the building and the theater and if you back
that out of there...
Mr. Plummer: Yes, but the underwriting last year you said was $150,000, now
what you're going to build me into at this particular point is $350,000 on
absolute paying just to maintain the... it doesn't make any sense.
Mr. Mulvena: Well, let me add something, Commissioner.
Mr. Plummer: Excuse me, it doesn't make any dollars, not sense.
Mr. Mulvena: No, it doesn't make any dollars, but our performers indicate
that that's the worst case scenario, OK? If, in fact, the build... let's say
the theater becomes more profitable, we stabilize the building, we have a
window in there from about $100,000 to $400,000 profit that this project may
incur. So, you're the owner of the building, then you get back the money.
You get the profit base so it's conceivable in the best case scenario that, in
fact, in one hand you are underwriting the rent, but if you get $400,000 back
to do what you want, you could say, well, now that's a wash or maybe I'd like
to put some of that into the Gusman. I mean, these are choices that you could
make.
Mr. Plummer: You're missing the point. The point that I'm trying to make to
you is, that we are going to be using that space and paying a premium to use
it of 4350,000 a year based on rentals in other buildings.
Mr. Odio: Yes, sir.
58
November 19, 1967
h
Mr. Plummer: In the downtown area. That doesn't make any sense.
Mr. Odio: Yes, but you get $400,000 back. In other words...
Mr. Plummer: So what have you gained?
Mr. Odio: You have the guaranteed rent, but any profits that will be derived
from that building comes back to the City so you could have a wash on the
rent, you could have zero rent payment.
Mr. Dawkins: And any deficit comes back to the City.
Mr. Odio: Yes, sir.
Mr. Mulvena: Um hum.
Mr. Plummer: And why would the rest, why, yes - why would the rest of the
people who want office space in downtown pay $22.00 a square foot there
instead of $12.00 in some other building? I don't understand it because this
building has no parking whatsoever. None.
Mrs. Kennedy (Off mike): What are you offering, in other words?
Mr. Odio: Let me say something on the AmeriFirst Building which is the one
you're referring to, Commissioner, is that one case, isolated case, because
you cannot rent that type of building for $12.00 today. The problem is that
AmeriFirst Bank had a lease, a long term lease with the building with the
Equitable.
Mr. Mulvena: Yes.
Mr. Odio: They have to make lease payments to Equitable. In other words, to
amortize their payments, what they're doing is it looks that they take it over
for $12.00 and we pay the difference to Equitable.
Mrs. Kennedy: I understand what you're saying, but the fact is that there is
space available at AmeriFirst and why would somebody rent here, vis a vis,
there?
Mr. Mulvena: Well, you know...
Mr. Odio: But it won't be available at AmeriFirst on a long term basis
because once the lease between AmeriFirst and Equitable expires, you will
never get that place for $12.00.
Mr. Mulvena: Yes. You know, I might add also for the information of all the
Commissioners, you said, I'm sorry...
Mr. Dawkins: Can we move this and get on, it's almost lunch time.
Mr. Plummer: But you see, what you're not saying, you know, if the glut, if
there is such, is going to get even greater in downtown Miami. If Olympia
York comes on with their project, you're talking about, what was it, Sergio?
Two million square feet of office space? Just one project.
Mr. Odio: No, you're going to have one in McAllister Columbus, a million,
five hundred thousand square feet of space.
Mr. Plummer: So, I don't see the situation enhancing, I see at anything, at
any particular point that it's going to be the same or even maybe a little bit
less, that's was what I'm...
Mrs. Kennedy: And, if I remember correctly, Olympia York is going to have
something like 835,000 square feet of...
Mr. Plummer: Of what?
Mrs. Kennedy: Of office space.
Mr. Plummer: Two million.
Mrs. Kennedy: Well, that's even worse.
59 November 19, 1987
Mr. Mulvena: Commissioner Kennedy, Commissioner Plummer, if I might add that
you asked who might want to go ahead with the rental in addition to the City
and why would they do it, the board of the Off -Street Parking Board is already
committed in its five year plan to be a tenant. OK, so there's at least one
other party we know who wants to do it and if I...
Mayor Suarez: How much of the space is that, Jack?
Mr. Mulvena: That's 25,000, you're occupying thirty-five.
Mayor Suarez: Out of, total?
Mr. Mulvena: Of the total. It's a little less than 40 some percent of the
space.
Mayor Suarez: It's about half, almost half.
Mr. Mulvena: About half. And the reason they said they want to do it was the
very reasons I'm sharing with you.
Mayor Suarez: I remember they asked us too if we would make some sort of a
soft commitment...
Mr. Mulvena: Yes.
Mayor Suarez: ... to put other City offices there. We never did, of course.
Mr. Mulvena: Sure. And, by the way, the reason they're doing it is because
even though we're the Manager of the property, we really do think the spin
offs of the development of that building with your presence there are going to
mean an awful lot to the City.
® Mayor Suarez: The Manager's saying how about DDA. That may very well be a
good idea.
Mr. Mulvena: Well, you know, as you know, the resolution only commits the
City to, you know, provide that. I think it's up to the City Manager to
determine who he wants to put in there on his part of it.
Mrs. Kennedy: How much are we paying?
Mayor Suarez: When is the DDA - as long as Roy's here, when does the DDA
— lease expire, Roy?
INAUDIBLE COMMENTS.
Mrs. Kennedy; How much is DDA paying for the rental?
Mayor Suarez% Two years? That could coincide.
Mrs. Kennedy: Per square foot. Roy, do you know?
Mayor Suarez: And that's expensive lease, I'm sure.
INAUDIBLE COMMENTS.
Mrs. Kennedy: Well, there you go.
Mr. Odio: ... paying $22.00 now.
- Mrs. Kennedy: Yes, that is a sweetheart.
Mr. Odio: We were really...
Mayor Suarez: We don't have any option to release for that kind of a price,
do we, Roy?
INAUDIBLE COMMENTS.
Mayor Suarez: Downward? That's interesting.
60 November 19, 1907
Mrs. Kennedy: Hmmm.
INAUDIBLE COMMENTS.
Mayor Suarez: I just want to say something to all the Commissioners. This
matter was first approved when, Jack?
Mr. Mulvena: Oh, well, following the unified development process, it was
presented about a year and a half ago.
Mr. Odio: It was approved November 28, 1985, I believe...
Mr. Mulvena: 185.
Mayor Suarez: Have the conditions, since the approval, changed in a way that
it makes you less comfortable with the viability of this or more comfortable?
Because I gather the absorption has been quite high in the last year, I think
a million square feet and, if so, you know, we, - does this Commission want to
rehash all of this. I mean, we're awfully far along to now rehash all of this
unless we think that there's really a change in conditions towards the worse.
I think the conditions have improved, actually, but...
Mr. Mulvena: Sure. Well, as a matter of fact, I would suggest to you that
they've not only improved, but in the early negotiations, if we had not -
shifted gears, the Flagler Landmark would be underwriting the financing, etc.
and they would be incurring the $400,000 profit. In the midway point of the
negotiations, we decided, representing the owners, that we think that we _
should get involved in that. So, we feel very confident that we're going to
have either a wash in the long run on this project with all the multiple spin
offs for downtown the City of Miami, OK, or better, so...
Mayor Suarez: And these bonds are buttressed by your income from other...
Mr. Mulvena: No, they're buttressed by your commitment for tenancy and our
commitment for tenancy. The rest of your resources are not touched nor are
ours. That's the beauty...
Mayor Suarez: None of your other resources. None of your parking meter
revenues or parking garage revenues or anything else?
Mr. Mulvena: Right. Nor are yours, that's the beauty of this fund.
Mayor Suarez: It's a self financed project, is your first 1.0 project, I
mean, or whatever you guys call it?
Mr. Mulvena: We qualify for that, yes.
Mayor Suarez: OK, Commissioners, I'll entertain a motion on this. At this
point, actually, what we're approving is just the financing tool.
Mr. Mulvena: The application for the financing, right.
Mayor Suarez: With the Sunshine State pool.
Mr. Mulvena: Um humor. Oh, by the way, anything else will be brought back to
you regarding the contracts with Flagler, etc., etc. You know, this...
Mr. Plummer: Well, let me just say, I agree with Commissioner Kennedy, I
would like to have a fresh look at the feasibility report before I vote to
make the application and I'm not circumventing my colleagues, but I think a
motion in order would be...
Mrs. Kennedy: If you have it, maybe you have it by this afternoon. Mr.
Manager, when am I getting my microphone back?
Ms. Hirai: Commissioner, it is being fixed. They're working on it. I
apologize. They're working on it.
Mr. Plummer: Well, I would like to make a motion we defer this until the next
meeting and give us the chance to go over the feasibility study and ask Mr.
Kenzie and the DDA to give us a comparable study of the downtown area and even
maybe a projection for the next five years because I think it's very important
61 November 19, 1987
s • -
where - I just don't want to lock the City into paying a $350,000 premium just
for the sake of being able to say we own a building, I...
Mrs. Kennedy: Second.
Mr. Mulvena: Yes. Could I add something though, Commissioner. I'm not
certain that the money's going to be available in the Sunshine Fund for your
application to be entertained in the next 30 days, so if you do defer it, I'm
frightened that you might not have that opportunity and then have to...
Mrs. Kennedy: Well, could you have the information for this afternoon?
Mr. Mulvena: If the information is comparable rentals and what not, is that
basically it?
Mrs. Kennedy: Sure.
Mr. Mulvena: We can have that for this afternoon.
Mrs. Kennedy: OK.
Mr. Mulvena: OK.
Mrs. Kennedy: We'll table it until this afternoon.
Mayor Suarez: Do you want to table it until the afternoon in lieu of
deferring?
Mr. Mulvena: Yes, we'd love to do that.
Mayor Suarez: Does the movant accept that?
Mr. Plummer (Off mike): Sure.
------------------------------------------------------------------------------
19. ALLOCATE $200,000 FOR CULTURAL EVENTS (FESTIVALS).
Mayor Suarez: OK, item 21. I think that was Commissioner Dawkins. Twenty-
one?
Mr. Dawkins (Off mike): Twenty-one. The only thing I have on that is that we
said that we were going to give funds to groups and although Bethune-Cookman
did not have a game, Bethune-Cookman is planning for a game and next year they
can only get 10 thousand because that's minus 20 percent. So I'd like for
Bethune-Cookman to be awarded the 12 thousand that we promised them and they
can hold it in reserve to plan for next year where they'll have $20,000 to
promote a game.
Mr. Frank Castaneda: Commissioner, just for clarification, do you want us to
hold that in reserve?
Mr. Dawkins: No, I want you to give it to them and let them put it in the
bank and let them draw interest on it, not us.
Mr. Plummer: Well, all of those monies are committed right?
Mr. Dawkins: Yes, they were committed last year, J.L.
Mr. Plummer: That's right. Twenty-one. I would like to also add an
amendment. I would like to see an auditing report of all of the monies that
we gave out last year to the individual organizations. I would like to see an
auditing report.
Mr. Odio: Yes, sir.
Mr. Plummer: Mr. Manager, I'm also going to remind you, sir, that it was a
policy of this Commission that any organization that got City funds for a
festival or any other activity could not spend any of the profits unless
62 November 19, 1987
i
approved by this Commission. I have not yet seen the first one and we have
given out dozens.
Mr. Odio: Yes, sir, I understand. We will be following up on that.
Mr. Plummer: Oh, yes, I remember it very well.
Mr. Dawkins (Off mike): OK, that's all I ----
Mr. Odio: I know you're right.
Mr. Plummer: Well, I hope I don't find that some of these organizations have
been spending monies without Commission approval. They all are subject to
auditing and any monies cannot be expended until such time as approved by this
Commission. And I haven't seen the first one and that policy was put in
almost six months ago.
Mr. Odio: I will try to bring you a report back on the first meeting of
January on what they have done with the profits, if they had profits.
Mr. Castaneda: Commissioner, I think that that case occurs mostly in
reference to fund raising and basic...
Mr. Plummer: No, sir, any organization that this City gave money to, we would
demand an audit and none of the funds could tie spent for any purpose until
such time as approved by this Commission. As you will recall, we were
concerned about too much money being eaten up by administration and other
expenses in which we saw a case where like 10 percent went to a charity when
it was supposed to be 100 percent and that's what we were protecting.
Mayor Suarez: Just to clarify, what do you mean by an audit, if they bring in
their own auditor's statement, their own...
Mr. Plummer: We can accept it or reject it.
Mayor Suarez: You don't mean - OK... you don't mean a...
Mr. Plummer: Not necessarily a City audit, no.
Mayor Suarez: Or even worse, a separately contractor for independent audit
because that gets a little expensive.
Mr. Plummer: I'm not trying to put more money on their back.
Mayor Suarez: Yes, please.
Mr. Plummer: All that we were trying to do...
Mayor Suarez: And we may or may not be satisfied with what they present and
we may ask all kinds of other questions.
Mr. Plummer: Then we can do it. But our concern was that if they say they
are charity raising it for this, that that's what it went for. Because we
found a case where it wasn't happening.
Mayor Suarez: With those modifications, I'll entertain a motion on 21.
Mr. Plummer: So move.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
63 November 19, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1021
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $200,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, SPECIAL EVENTS, IN
SUPPORT OF CERTAIN COMMUNITY CULTURAL EVENTS FUNDED UNDER
A FIVE-YEAR FUNDING PROGRAM ESTABLISHED BY FESTIVAL
ORDINANCE NO. 10206 PROVIDING THAT FUNDING FOR EACH EVENT
SHALL BE DECREASED BY AT LEAST 20% FROM THE BASE YEAR'S
ALLOCATION FOR A MAXIMUM FUNDING PERIOD OF FIVE YEARS;
SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH ADMINISTRATIVE POLICY NO. APM 1-84, DATED
JANUARY 24, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
------------------------------------------------------------------------------
20. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED "MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN FY 187- 188"; ACCEPT GRANT AWARD FROM
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND AUTHORIZE EXECUTION OF
NECESSARY CONTRACTS AND/OR AGREEMENTS.
-----------------------
Mayor Suarez: Item 44.
Mr. Sergio Rodriguez: Item 44 is an emergency ordinance with the right to
establish a special revenue fund and authorizing the City Manager to accept a
grant of $218,000 and from the Department of Community Affairs. The reason
this is an emergency is so that we can charge expenses as of November lst.
This grant is to undertake the comprehensive plan that by law we are required
to do.
Mayor Suarez: I'll entertain a motion on the emergency ordinance.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance. Cptl the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN: FY 187-188; APPROPRIATING FUNDS
FOR ITS OPERATION IN THE AMOUNT OF $218,427 COMPOSED
OF $218,427 FROM THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AWARD FROM THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO
AND EXECUTE THE NECESSARY CONTRACT(S) AND/OR
AGREEMENT(S) FOR THE ACCEPTANCE OF THE GRANT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
■ AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10340.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Did we put into the record the nature of the emergency, Madam
City Attorney?
Mrs. Dougherty: It's requested on an emergency basis because the Florida
Department of Community Affairs will honor expenditures after November 1,
1987, if the grant contract is signed before November.
Mayor Suarez: How are they behaving? Who is the new director? Is it still
Louis, DCA?
Mr. Rodriguez: Stone Pellum.
Mayor Suarez: And we have a good relationship and they understand concerns
expressed by Commissioner Plummer over the years that if they impose new
burdens on us and new obligations that they should pay for it as they have in
this case.
Mr. Castaneda: Yes, that goes beyond the director of that department, I think
it goes to the whole estate, I guess.
Mayor Suarez: But he can certainly make recommendations accordingly.
Mr. Plummer: And I want to remind the former Mayor of Tampa when he was
president of the Florida League that that was one of his biggest things was
that the State mandates programs, they also mandate a revenue source.
65 November 19, 1987
f,
:.T
I
•
Mayor Suarez: What's that guy's name?
Mr. Plummer: Governor Oops.
----------------- ---------------------------------------- --------- --------
21. EMERGENCY ORDINANCE: INCREASE REVENUE TO CORRECT INTEREST EARNINGS
BEING TRANSFERRED TO THE GENERAL FUND, AND CORRECT COMPUTATIONS.
Mayor Suarez: Item 45.
Mr. Dawkins: Move it.
Mayor Suarez: Moved. An emergency, on an emergency basis. What's the nature
of the emergency and then read the ordinance, please.
Mrs. Dougherty: This is being presented as an emergency due to its modifying
an original emergency ordinance which implemented year and budgetary
principles at the end of the last fiscal year.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 3 OR
ORDINANCE NO. 10327, ADOPTED OCTOBER 22, 1987, WHICH
FORMALIZED PREVIOUS CITY COMMISSION ACTIONS DURING
WHICH THE FISCAL YEAR ENDING SEPTEMBER 30, 1987
IMPLEMENTED BUDGETARY ADJUSTMENTS IN THE ANNUAL
APPROPRIATIONS ORDINANCE (NO. 10150) FOR SAID FISCAL
YEAR TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES AND PROVIDING BY SUCH AMENDMENT A CORRECT
STATEMENT OF THE ORIGINAL COMPOSITION OF THE INTEREST
EARNINGS BEING TRANSFERRED TO THE GENERAL FUND AS
CONTAINED IN SECTION 3 OF ORDINANCE NO. 10327 AND
FURTHER PROVIDING FOR CORRECT PLACEMENT OF PROVISIONS
AND COMPUTATIONS WHICH WERE EITHER OMITTED OR APPEARED
IN IMPROPER SEQUENCE IN SAID ORDINANCE NO. 10327;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES. None.
ABSENT: None.
66 November 19, 1987
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10341.
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.
22. A. ACCEPT $173,000 OF THE $203,000 EMERGENCY SHELTER GRANT FROM UNITED
STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (USDHUD) AND AWARD TO
NON-PROFIT AGENCY TO BE DETERMINED BY THE CITY MANAGER. B. FIRST
READING ORDINANCE: ESTABLISH "EMERGENCY SHELTER GRANT" AND APPROPRIATE
FUNDS FOR SAME.
------------------------------------------------------------------------------
Mayor Suarez: Items 46.
Mr. Plummer: Mr. Mayor, I have a real problem with 46, 47, and 48. Let me
tell you what my problem is.
Mr. Dawkins: Explain it, because see Victor just wasn't here, see..
Mr. Plummer: I'm sorry?
Mr. Dawkins: Victor wasn't here so you need to go through it so he know what
it is.
Mr. Plummer: All right, this is money supposedly for the homeless, OK? Let
me tell you what my problem is, many years ago, the City of Miami gave to
Metropolitan Dade County the Welfare Division and when they did, we also gave
them a source of taxation through the City of Miami to support that as well as
other things. What is being coming down now is $203,000 which we know is a
damn drop in the bucket. It won't address the problem. What I recommended
before and I recommend again is, that we give this money to Metropolitan Dade
County, whose responsibility it is to take care of the homeless and let them
do a job and cut out some of the administration. My area of greatest concern
is that if we accept this money in the City, we are going to be accepting a
long term responsibility and knowing Washington, next year, the money is not
going to be forthcoming and yet they're going to be looking back to this City
for the kind of money that was spent this year and we don't have it. Now, we
got a grant, what was it, Miller? - 40 some thousand before and we gave it to
the „,runty and said, here, it's your responsibility to take care of the
homeless under welfare, you administer it. And I think that's what we ought
to do in this particular case. The minute you accept these monies, you are
accepting a long term obligation. it is my understanding, from the
department, that a number of even the County's monies are going to be spent in
the City. I recommend that we give them this amount of money to bolster their
responsibility.
Mr. Dawkins: I have to agree with J.L. in that if we accept this money, and
establish some form of connection between us and the homeless, then, again,
we'll be just like we are with the Heats. We'll be the bad fella if there is
no money.
Mr. Plummer: Next year.
Mr. Dawkins: Next year. And the way they're doing, there will be no money.
So, I will go along with the administration's recommendation of either to send
it back or to give it to the County.
Mr. Plummer: Well, what I would like to make a motion is that we give the
money to Metropolitan Dace County with the assurances that*at least 50 percent
of the money will be spent in the City of Miami.
Mr. Odio (Off mike): We cannot do that.
Mr. Plummer: Why can't we do that?
Ms. Francena Brooks: I think the issue, your concern and Commissioner
Dawkins' concerns around the City's maintenance of effort that we might end up
67 November 19, 1987
being in the position to have to maintain a shelter if either an agency we
selected to operate it or what have...
Mr. Plummer: No, no, no, we're not even speaking to a shelter. We're not
even speaking to that. We are speaking to the philosophy of giving money to
Dade County Welfare and they spend it for the homeless. Now, whether they
spend it for food or shelter or clothing, that's their responsibility.
Ms. Brooks: We would have to turn the grant back though, otherwise...
Mr. Plummer: How did we give the last grant to the County?
Ms. Brooks: OK, the last grant, when you elected to give the money to the
County, we accepted the grant...
Mr. Plummer: Right.
Ms. Brooks: And we contracted with the County to administer it.
Mr. Plummer: That's not what we told you to do.
Ms. Brooks: Yes, yes it was. You agreed to accept the grant and give it to
the County to spend. So in essence we accepted it...
Mayor Suarez: No, the problem is that what we told you to do, could not be
done legally, but that was what we tried to tell you.
Mr. Plummer: But, we were never informed of that.
Mayor Suarez: Right, we were not informed that you figured out some nice
devious way around what we told you to do, which was illegal. But I
compliment you for finding a way around it, just you should have informed us
of it.
Mr. Plummer: Well, you see...
Ms. Brooks: Well, we would have to give the grant back.
Mr. Plummer: ... if you want to speak to their particular issue, let me tell
you where the fallacy really is. And I didn't even want to get into it. They
want to redo the old fire station at 14th Street and North Miami Avenue. I
want to remind this Commission when we gave that facility to Dr. Ben Shepard,
God rest his soul, it wound up costing this City $200,000 to get that facility
upgraded to where it could be used for day care. That facility should be torn -
down, the property should be sold, if it can. Two hundred thousand dollars will not fix up that building and it's going to cost this City more money to
do that particular project. Now, I still say, if we have to accept the grant and give it to the County to contract it out, and that's the legal way to do
it, it's their responsibility, let's see that they get the money to do it.
Mayor Plummer: I would like to see us accept the grant and have the City
administer the grant and not make any determination at this point as to how it
should be spent.
Mr. Plummer: You're accepting a long term responsibility without guaranteed
funding. That's what I can't stand.
Mayor Suarez: It's a responsibility that we have whether we accept it or not.
Mr. Plummer: No, the responsibility was given to Metro when we gave them
welfare and a source of revenue to take care of welfare.
Mayor Suarez: I understand that argument. That would be my preference. Now,
at this point, the way it comes to us is in a posture that it's already
determined who was going to get the $203,000 or at least part thereof.
Mr. Plummer: No.
Ms. Brooks: Yes, this isn't, well - at this point, it's an entitlement grant
to the City. Although it's part of our application for it, we had proposed
that $173,000 be allocated for rehabilitation and in support of our
operational cost for a shelter, for a family shelter and then there...
68 November 19, 1987
Mayor Suarez: And that's a specific location, in a specific building that
Commission - no, just general at this point.
Ms. Brooks: Well, no, no, not at this point in time, no. And that we would
allocate those monies to a not -for -profit agency to carry out the program.
Mayor Suarez: Right. Not specifying at this point, which not for profit
agency it is.
Ms. Brooks: Right.
Mayor Suarez: And what about the other thirty?
Ms. Brooks: The other thirty would to social action agency of Little Havana
for their food distribution program.
Mayor Suarez: I liked the first part of the way you stated it and I would
move to take the full $203,000 to be allocated to a not for profit agency for
that purpose.
Mr. Plummer: Excuse me, I don't agree that you can rehab that place for
$173,000. But, let's assume that you can. Who's going to operate it?
Mayor Suarez: Well, I'm not sure, exactly, where we'd go from there, at this
point...
Mr. Plummer: Where's the money coming from to operate it?
Ms. Brooks: Yes, it doesn't - it doesn't...
Mayor Suarez: ... I just want to - I want to apply for the money. Get the
$203,000 and have the Manager bring back to us how the money would actually be
spent.
Ms. Brooks: It would not have to be at that facility and who ever operates it
would have to provide the monies for operation...
Mr. Plummer: Who?
Ms. Brooks: ... because this money cannot be used - well we have recommended
at this point, Christian Community Services Agency, which would be in a
position to do that.
Mr. Plummer: And where are they going to get the money? They're already here
begging at our door. Where are they going to get the money from?
Ms. Brooks: They're not - well, they're not be...
Mayor Suarez: Mr. Manager.
Mr. Odio: One thing I'd like to clarify...
Mayor Suarez: Yes, Mr. Manager.
Mr. Odio: ... there's already *30,000 that were allocated by you, the
Commission, and the money would come out of these funds.
Mr. Plummer: That was to distribute food.
Mr. Odio: That's it, they're in here.
Ms. Brooks: That's the remaining $30,000.
Mr. Plummer: OK, that was to distribute food. There was no - excuse me,
excuse me, there was no guarantee that we would fund the second half.
Mr. Odio: No, I didn't say that. What I'm saying is, that we already have
expended $30,000 of these $203,000. That's why we need to accept...
Mayor Suarez: We have spent it already?
69 November 19, 1987
Mr. Dawkins (Off mike): How did we spend it when we didn't get it?
Mr. Odio: Because you allocated the money... how did that happen, explain?
Mrs. Kennedy: That was my question. I wish I had a bank and make things
easier. Well, yes, I'll tell you how we spent it, to the Social Action
Service and that's why my math - I keep telling you they don't work, you have
$203,000.
Mr. Frank Castaneda: People, let me clarify. The Commission...
Mayor Suarez: Have we spent it or have we not spent it?
Mrs. Kennedy: You have.
Mr. Castaneda: No, no, we have - let me clarify, the Commission allocated
$35,000 - $30,000 coming from this grant and $5,000 coming from the general
fund. The $5,000 from the general funds have been awarded and given to the
agency, the $30,000 have not and that's why we have this as an emergency
ordinance in order to permit the...
Mrs. Kennedy: Plus $143,000 to rehab the facility.
Mr. Plummer: And then, where's the money going to come from to run the
facility?
Mr. Odio (Off mike): Not from us.
Ms. Mary Smith: Commissioner Plummer...
Mr. Dawkins: And if the money is not available next year, what?
Mrs. KenneAv: Well, supposedly, there's...
Mr. Plummer: There is not an agency in town that doesn't come here begging.
Mrs. Kennedy: Supposedly, there's a $100,000 here also to run the facility.
Mr. Plummer: No.
Ms. Brooks: No, no, no, no, no, $143,000 would be for rehab.
Mr. Plummer: How can you take $173,000 to rehab and $30,000 for the food.
There's no money left.
Mrs. Kennedy: That's what I'm saying, there's no money.
Ms. Smith: Commissioner Plummer, I'm Mary Smith from the Christian Community
Service Agency and we believe because there's such a desperate need for a
family shelter, that we can attract that money from national church sources,
United Way and other sources. We're willing to take on that responsibility.
Mr. Plummer: Fine, let the County do it.
Ms. Smith: To provide the service in this area and it's so much needed.
Mr. Plummer: Let the County do it.
Mayor Suarez: We've tried to explain, we cannot let the County do it, the
City has got to accept the grant and we can allocate it to a...
Mr. Dawkins (Off mike): But we don't have it ---------
Mayor Suarez: Well...
Mr. Dawkins: We should. I'm not voting for it.
Mayor Suarez: OK.
Mr. Dawkinsr OK.
70 November 19, 1987
Mayor Suarez: But, what we tried to do it before, we gave what were illegal
instructions to our own staff on the $41,000. If we get the money, we've got
to allocate it to a not for profit agency or spend it ourselves. We cannot _
then turn around and ask the County to handle it, and, you know, this
Commission is going to have to, as a matter of policy, determine whether we
_ want to have the responsibility that goes with this money. I'm in favor of
it. I don't know how the rest of the Commission feels, I gather we have two
that are not in favor right now.
Ms. Smith: I understand.
Mr. Plummer: Well, let me ask you this question. Can we not take, you know,
and we're talking about another piece of City property of trying to find
revenues and more monies in this town and sell some of this surplus property.
-- I'm sure that's not going to bring a big price in that neighborhood or
whatever other parcel you're talking about...
Mr. Dawkins: Hey, you're talking about my neighborhood, be careful.
Mr. Plummer: That's not your neighborhood. You don't even walk that far,
much less drive. What I'm saying, why can't we take and accept the grant, _
give it to the County and tell them to build a facility in the City of Miami
and then turn it over to them.
Ms. Brooks: You can't do new construction with this money.
Mr. Plummer: We're not talking about new construction. Let them go get
another building. The County has an awful lot of buildings.
Ms. Brooks: OK, we...
Mr. Dawkins: My only concern is, we are going to accept this, you'll have no
money next year...
Mr. Plummer: That's right.
Mr. Dawkins: ... and everybody's going to come here saying that you got all
these homeless people that you gave false hope to by providing them with a
shelter for one year. What are you going to do now and you cut the millage
where you got no money; you're reorganizing, you got no money. You're - Mr.
Manager, what else are you doing over there? You're reorganizing because you
got no money. You are cutting off people because you got no money. And where
are you going to get the money from to operate a shelter?
Mr. Odio: No, we're not, we don't have any money. I can tell you that...
Mayor Suarez: I move this item, Lilly, I don't know if you want to add
anything to this...
Mr. Odio: But...
Mayor Suarez: ... with the understanding, the warning, the caveat, the strong
message that this Commission goes on record as saying and I'm not sure this
motion's going to pass, as saying that, we will not be responsible for
operating it, any such shelter. We will not contemplate, you can always come
here and ask, I suppose we can't legally prevent you from doing it, but we
will not contemplate - this Commission will contemplate any operating... any
requests for operating funds for future operation or even for future rehabbing
unless the Federal Government wants to give us the money as they want to do in
this case. And so understood, I move the item.
Mr. Plummer: You're Vice Mayor.
Mrs. Kennedy: Is there a second?
_ Mr. Plummer: Ask three times. The Mayor's gavel and my mike, you got a Vice
Mayor.
�j
Mrs. Kennedy: The item has been moved. Is there a second? For the third
time, is there a second? Hearing none...
71 November 19, 1987
Mr. Plummer (Off mike): I'll move, Mr. Mayor, that this grant be accepted and
contractually agreed to with Metropolitan Dade County to undertake the
facility within the City of Miami.
Mayor Suarez: So moved.
Mr. Odio: But, may I ask a question?
Mayor Suarez: Can that be done? Mr. Manager.
Mr. Odio: I don't know that part, but we are committed to $30,000 and whether
we can take the $30,000 from the grant to pay social services, who ever they
are, so that we don't have to find the money within the City that budget that
we don't have.
Mr. Plummer: Well, OK, Mr. Manager, my only question there comes, that if
this organization is doing this same thing again next year, where's the money
going to come from next year?
Mr. Odio: Not from us.
Mr. Plummer: Well, we said that this year.
Mr. Odio: Well, I'm recommending that... we don't have the money.
Mr. Plummer: I would have no objection for an obligation already incurred
that if this money could be used and diverted for that purpose, that that be
done. OK? I have no problem with that.
Mr. De Yurre: Mr. Manager.
Mayor Suarez: So moved. Mr. De Yurre, Commissioner.
Mr. De Yurre: Yes, I have a question on this issue. You're talking about
allocating the $30,000 to this service agency. Now, was that with the
understanding that you were going to get this $200,000 or was there an
understanding that you were going to come up with the money no matter what?
Mr. Odio: No, we understood that we would get a grant to cover those funds.
Ms. Brooks: Right.
Mr. Odio: We always said we did not have the money within the budget.
Mr. Dawkins: But, if the - I think now you got to be fair with the
Commissioner now...
Mr. Odio: Yes, sir.
Mr. Dawkins: If you had not gotten funded, what? If you had not gotten the
grant, what?
Mr. Odio: I'm afraid that we would have to...
Mr. Plummer: That's why we funded it for half a year instead of the full.
Mr. Castaneda: No, no, Commissioner said...
Mr. Dawkins: No, no, no, no, no. He's saying that what was going to happen
to the $30,000, OK? If it had not been funded, you would have had to come up
with the $30,000 from some place else.
Mr. Odio: When the issue came up, Commissioner, in discussion by the
Commission, Frank told me we had this grant pending...
Mr. Dawkins: You didn't tell me that.
Ms. Brooks: Yes.
Mr. Castaneda: It was on the floor and we said that the money would be coming
from the homeless legislation.
72 November 19, 1987
. 6
Mr. Dawkins: I never would have accepted that.
Mr. Plummer: See, let me tell you where the problem, I think, and in the
future. When you all make applications, if there's strings attached, you'd
better get it approved by this Commission. I don't recall this Commission
approving your application for a grant with strings attached to it in this
particular case. You see, what's happening is you're applying for the grant,
you, the administration, and you are making that grant the way that you want
it. Then, you come here before this Commission and you say you've got to
accept it this way or no way.
Ms. Brooks: No.
Mr. Plummer: OK? This Commission might have said to you, don't apply for the
grant. This Commission might have said to you, we want to do it another way.
Mr. Castaneda: But, in this particular case, it was an entitlement
- allocation. The question was, whether the City of Miami wanted $204,000...
Mr. Plummer: Is a possibility of this City Commission didn't apply that the
- full amount could have gone to the County anyhow.
Mr. Castaneda: We don't know that.
Mr. Plummer: Well, see, that's the problem. Where are we? Did my motion get
a second? I don't think so.
Mr. Dawkins (Off mike): Yes.
Mr. Plummer: Oh, it did?
Mr. Dawkins: I seconded it.
Mr. Plummer: Oh, OK.
Mr. Dawkins (Off mike): Although I don't want to accept the money, but I will
second it to get rid of it. I want to give the money back to the --------
government.
® Ms. Brooks: Yes, the first item, 46 is the ordinance...
Mayor Suarez: Wait, wait.
Ms. Brooks: ... appropriating the money.
Mayor Suarez: Wait. We have no second on that motion...
Ms. Brooks: Forty-seven.
Mayor Suarez: ... let me just do something here.
Ms. Hirai: Yes, sir. Yes, sir, we do.
Mayor Suarez: I'm sorry, do we have a second?
Mr. Dawkins (Off mike): Yes.
Mayor Suarez: OK.
Mr. Dawkins (Off mike): You can make a substitute motion, Mr. Mayor, no
problem.
Mayor Suarez: OK, let me make a substitute motion. As to the $173,000, other
than the thirty, because I want to separate the $30,000 from the $173,000, at
this point and see if we can get clarified what this Commission's consensus is
because my prior motion didn't get a second but... As to the $173,000, 1 would
trove that the City go ahead and make the grant application, receive the money
and award it to a non profit agency as further determined by the Commission.
I presume you would come back with a recommendation on that.
Mr. Odio (Off mike): But we have to, we-------
73 November 19, 1987
Mayor Suarez: Right.
Mrs. Kennedy: If you separate the $30,000, then I'll second your motion. I
have no problem.
Mayor Suarez: It's a substitute motion with a second.
Mr. Plummer: All right, there's a motion on the floor, duly seconded. Is the
motion understood, we vote on the substitute first.
Mr. Dawkins (Off mike): No, the motion's not understood. Clear the motion
for me, Madam City Clerk.
Mr. Plummer: Substitute first.
Ms. Hirai: The intent is to separate the $173,000 from the $30,000 previously
earmarked.
Mr. Dawkins (Off mike): And do what with it?
Ms. Hirai: And to go ahead and apply for the grant and then award it to a non
profit.. .
Mr. Dawkins (Off mike): Grant and award it, we have the grant.
Mayor Suarez: I'm sorry, to accept the grant...
Ms. Hirai: To accept it, to accept it and then award it.
Mayor Suarez: ... and award it to a non profit agency as recommended by the
Manager.
Ms. Hirai: Yes.
Mr. Plummer: Voting on the substitute, call the roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 87-1022
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ACCEPT $173,000.00 OF THE $203,000 EMERGENCY SHELTER GRANT
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT;
FURTHER DIRECTING THAT SAID MONIES BE ALLOCATED TO A NON-
PROFIT AGENCY AS RECOMMENDED BY THE CITY MANAGER.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES:. Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
74
November 19, 1987
Mr. Plummer: The substitute motion passed.
Mayor Suarez: OK, now we have the issue of the $30,000. Do we have any
motions on that? When you say we are committed to that, in what sense are we
committed?
Mr. Odio: You the Commission allocated these funds to this agency in a
Commission meeting back in I think it was in November?
Mayor Suarez: But, you know, this is money for a charitable activity. It
certainly doesn't vest any rights. Nobody is going to sue us if we decide now
we don't want to give them the money, or if you want to give it to some other
agency to do the same thing.
Mr. Odio: You can... I don't know, I have to...
Ms. Brooks: Yes, what actually happened...
Mayor Suarez: Yes, it is a moral commitment. I mean, it doesn't...
Mr. Plummer: No, it is a financial commitment.
Mayor Suarez: Well, it is a moral commitment of a financial grant.
Ms. Brooks: Right, you voted to allocate $35,000 to that agency for their
food distribution program...
Mayor Suarez: We were hoping to give them $30,000 from...
Ms. Brooks:... and $30,000 pending receipt of this grant.
Mayor Suarez: Who are the principals of this agency?
Mrs. Kennedy: Yes, I was just going to ask that.
sew
Ms. Brooks: Gene Sanchez, Al Guttman, Rapael Lopez, and Mr.
Mr. Odio: From what I understand, this agency, all I know about it is that
they receive a lot of food, right?
Ms. Brooks: Right.
Mr. Odio: And they have it sitting in a warehouse and it is to distribute
this food out to poor people, that is what I understood, is that correct?
Ms. Brooks: Right, that is correct.
Mr. Plummer: The monies were for the distribution purposes.
Ms.. Brooks: That is right.
Mr. Odio: The distribution purposes of this food that is already sitting in a
warehouse?
Ms. Brooks: Right.
�- Mr. Odio: All right.
Mr. Dawkins: (Off Mike) And it was not because they have already
paid. It is just they have a lot of food on hand. They had to move it out
and they needed that money to get the food to the citizens.
Ms. Brooks: To move it out.
Mr. Odio: I do believe this is a one shot deal. In other words, this...
i
Mr. Plummer: Well, if it is a one shot deal based on $70,000.
Ms. Brooks: Well, the Commission committed itself to six months, right. The
funds have been...
75 November 19, 1987
Mr. Plummer: This Commission did not have the money. We said, "Let's give
them half," and we gave them $35,000 with a proviso that we would look at how
that was working and we possibly would possibly fund the second half.
Mrs. Kennedy: All right, then I move...
Mr. Plummer: Move what?
Mrs. Kennedy: $30,000.
Mr. Plummer: Well, I think that's what the Mayor wants to do. Don't you want
to move the $30,000 and pay them?
Mayor Suarez: I will entertain any motion on that issue.
Mr. Plummer: All right. We've got an obligation, we've got to do it. I
second the motion. She made the motion.
Mayor Suarez: No motion?
Mr. Plummer: Yes, she made a motion, I second it, to take $30,000 and pay
that obligation.
Mayor Suarez: Moved and seconded. Further discussion on that? Call the
roll.
MOTION FAILED. UPON BEING DULY MOVED BY COMMISSIONER KENNEDY AND
SECONDED BY COMMISSIONER PLUMMER, MOTION TO AWARD $30,000 FAILED
BY THE FOLLOWING VOTE OF THE COMMISSION:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
a
i_
NOES: Commissioner Victor De Yurre
w Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Well, all right, let's stop. No, I'm wondering how you
can vote "no" on an... I guess what you are saying is that that
obligation which has been incurred has got to come then from General
Fund.
Mr. Dawkins: What I am saying is, I don't know how you can accept what
is $30,000 and then make up your mind after you get it what you are
going to do with it. I don't want to split it up.
Mr. Plummer: Well, excuse me. A "no" vote on the motion before us is that
those monies are not to come from this grant, which means then the
Administration is going to have to find them from somewhere else.
— Mr. Odio: No, sir, no, because we do not have...
Mr. Plummer: We've already paid the money, right?
_ Mr. Odio: No, we do not have a contract and therefore, we won't have any
money to give them.
Mr. Plummer: Well, how... are you saying that this Commission does not have
any obligation?
Mr. Odio: Well, yes, but...
Mr. Plummer: I thought we made an obligation?
— Mr. Castaneda: Commissioners, you passed a resolution. The monies were not
there at the time. We knew that we were waiting for the money. We informed
the agency we only had the 45,000 in the General Fund. That is what we
76 November 19, 1987
entered into contract for and we gave, and pending this action, we will give
the balance of the money.
Mr. Plummer: I vote "yes."
Mr. Dawkins: It is not a matter of voting to make the City pay money they
don't need, J.L. It is a protest vote for having done things like this and I
am not made aware of it. That's what I'm...
Mr. Plummer: I understand. OK, I vote "yes" because I think the obligation
was incurred. They have got to be paid and I don't want to see it coming from
the General Fund. I vote "yes."
Ms. Hirai: Finishing the roll call. Mayor Suarez?
Mayor Suarez: I vote "no," but I do suggest that if we can find a way to meet
the same obligations through a different group, we try to do that. They can
bring it back. You know, maybe they will want to recompose their organization
or find another one that will...
COMMENTS MADE DURING ROLL CALL:
Mr. Odio: Well, let me see if I can do this. I'll contact another social
agency that provides food and see if they can take on the distribution of the
food and then we will withhold any awards of money to anybody until we can
come back to...
Mr. Plummer: Well, how much have we given them?
Mr. Odio: $5,000 of a total of $35,000. So what I can do is maybe by the end
of today's meeting we can come back with a social agency that could provide
the service.
Mayor Suarez: Item 48 is a companion item with the modifications. I
entertain a motion on that, or else I will move it myself.
Mrs. Dougherty: Mr. Mayor, we still have to read the resolution in item 46...
47.
Mayor Suarez: I'm sorry.
Mrs. Dougherty: Item 46.
Mayor Suarez: 47 then. What do we need to clean up all of this, now?
Ms. Brooks: I don't think you actually voted on the ordinance.
Mrs. Dougherty: We have to vote on the ordinance on item number 46.
Mayor Suarez: OK, read the ordinance, Madam City Attorney.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: Call the roll.
Mr. Plummer: This is to accept the grant.
MOTION FAILED. MOTION TO PASS HEREINABOVE MENTIONED EMERGENCY
ORDINANCE FAILED BY THE FOLLOWING VOTE OF THE CITY COMMISSION:
AYES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: Vice -Mayor Rosario Kennedy
Mayor Suarez: Can we have this as a first reading if we get the third
vote on it?
77 November 19, 1987
Mr. Plummer: The motion failed.
Mayor Suarez: Can we have it as a first reading? -
Mrs. Dougherty: Yes, sir.
Mayor Suarez: Commissioner Kennedy, out there, ready to vote on this so we
can at least pass it on first reading?
UNIDENTIFIED SPEAKER: Yes, she's on the way.
Mayor Suarez: Thank you. Talk about bathroom facilities in the Sports Arenat
We need bathroom facilities here so the Commissioners don't have to go so far
away. I sent you away, but I think you ought to go find that Commissioner,
otherwise we are never going to get a shot at doing the shelter. Here we got
The first reading on the ordinance. Call the roll, Madam City Clerk, please.
Mr. Dawkins: On what, now?
Mayor Suarez: First reading of that ordinance, as opposed to an emergency
ordinance. It won't pass as an emergency ordinance.
Mr. Plummer: Wait a minute. What was this?
Mayor Suarez: As a first reading on the ordinance.
Mrs. Kennedy: Can you repeat the motion?
Mayor Suarez: This is the ordinance that would allow the grant acceptance for _
$173,000 for the shelter. It didn't pass as an emergency ordinance.
Mrs. Dougherty: It would be $203,000.
Ms. Brooks: $203,000 for the whole grant.
Mayor Suarez: The whole grant, but we have not allocated the other $30,000,
only $173,000. Call the roll please, for the first reading.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "EMERGENCY SHELTER GRANT (FY188)",
APPROPRIATING FUNDS FOR OPERATION OF SAME IN THE
AMOUNT OF $203,000 FROM U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (USHUD).
Was introduced by Commissioner Suarez and seconded by Commissioner
Kennedy and was passed on its first reading by title 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.
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: This item was later reconsidered and passed as Emergency Ordinance No.
10349.)
78 November 19, 1987
23. EMERGENCY SHELTER GRANT FUNDS FROM US HUD.
------------------------------------------------------------------------------
Mayor Suarez: Item 47, companion item.
Ms. Francena Brooks: This permits us to accept the grant and enter the
agreement with HUD.
Mayor Suarez: I entertain a motion on item 47, again with the $30,000 being
treated differently, right?
Ms. Brooks: Well, we haven't gotten to that yet, the allocation. That is 48,
we will come back to that.
Mayor Suarez: OK, I entertain a motion on 47. Moved. Seconded. Any
discussion? Call the roll on 47.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 87-1023
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE EMERGENCY SHELTER GRANT OF $203,000 FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD)
AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO
THE NECESSARY IMPLEMENTING AGREEMENT WITH USHUD FOR
SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY
MANAGER.
(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 J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
24. TEMPORARILY DEFER CONSIDERATION OF ALLOCATION OF $203,000 EMERGENCY
SHELTER GRANT FUNDS TO SOCIAL SERVICE AGENCIES (SEE LABEL 62).
Mayor Suarez: Item 48 now, on the $30,000.
Ms. Brooks: Well, yes.
Mayor Suarez: Do we need to vote on that at this moment?
Ms. Brooks: 48 was allocating it to not for profit.
Mr. Castaneda: If you want, we will come back...
Ms. Brooks: We can come back to the next meeting.
Mr. Castaneda:..... at the second reading of the ordinance.
Ms. Brooks: Yes.
79 November 19, 1987 a:
s
r
h
i
Mayor Suarez: Table 48, or postpone it or defer, or continue it, whatever the
proper term is.
NOTE FOR THE RECORD: ITEM 49 WAS CONTINUED TO AFTERNOON.
------------------------------------------------------------------------------
25. ESTABLISH A SPECIAL REVENUE FUND ENTITLED "VISIONS 2000 COMMITTEE;"
ACCEPT THE GRANT, AND INCREASE SIZE OF SAID COMMITTEE.
------------------------------------------------------------------------------
Mayor Suarez: Item 50.
Mr. Plummer: Move it.
Mayor Suarez: Moved on second reading.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "VISIONS 2000 COMMITTEE", APPROPRIATING
FUNDS FOR ITS OPERATION IN THE AMOUNT OF $41,407
CONSISTING OF $41,407 FROM THE FLORIDA DEPARTMENT OF
STATE; RATIFYING, APPROVING, AND CONFIRMING THE ACTION
OF THE CITY MANAGER IN EXECUTING THE NECESSARY
AGREEMENT AND DOCUMENTS ACCEPTING THE GRANT;
INCREASING THE SIZE OF THE VISIONS 2000 COMMITTEE FROM
TEN TO A MAXIMUM OF TWENTY-FIVE MEMBERS; AND
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of October 22, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10342.
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 November 19, 1987
--------------------------------------- - ------- --------- ---------- --------
26,. DISCUSSION: DEVELOPMENT REGIONAL IMPACT FOR DOWNTOWN, EXTENSION OF —
PEOPLE MOVER.
-------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor...
Mayor Suarez: Yes.
Mr. Plummer: ... I want to remind all of you of the document which I sent to
you from the South Florida Regional Planning Council in reference to the DRI
for downtown. At this point I have not received back any comments from any
Commissioner, which I then have to assume silence gives consent. It is a very
important document. Let me remind you, Sergio, the meeting is when,
December...?
Mr. Rodriguez: It will be December 7th.
Mr. Plummer: December 7th - Pearl Harbor Day! So, I would ask you please,
since we are working the staff, that if you have any comments on this
document, please get them to me or to Sergio.
_ Mayor Suarez: Well, I presume that, like you said, silence would be
understood to mean approval of...
Mr. Plummer: Silence means that you have no objections to the documents.
Mayor Suarez: I have no objections, so I... you've got that.
Mr. Plummer: All right, you are aware... the one key point in there, that I
want to remind you is about the extension of the people mover. It is mandated
that this City will make sure that it is in place by 1992. That's my greatest
area of concern.
Mayor Suarez: Well, but in a development of regional impact, the fact that...
how does it read on that issue, Sergio?
Mr. Rodriguez: We make the assumption that the people mover will be in place
and that yields a better standing as to the development that could be approved
in the first five years.
Mr. Plummer: Well, but that was not under...
Mayor Suarez: But, I mean, that has no consequence one way or the other
with...
Mr. Plummer: It is not...
Mr. Rodriguez: You have some people that will be talking on this this
afternoon, while waiting.
Mr. Plummer: Excuse me, it is not an assumption, Mr. Mayor. It is a mandate
that if you don't have it in place by 1992, that this City is obligated
financially to go back and pick up all of the cost of infrastructure from this
day until 1992, which at best, is $7,500,000. That's the least amount!
Mayor Suarez: I... no, I can't agree with that.
Mr. Plummer: Well, OK, that's why I am saying, please look at that document.
Mayor Suarez: What is the relationship between our putting into the
development of regional impact the extension of the Metromover by 1992 and the
$7,500,000 of infrastructure that he is talking about. What infrastructure
are you talking about?
Mr. Rodriguez: The $7,500,000 is an assumption that is already made and it
had to be already taken into account and that...
Mayor Suarez: Is it transportation infrastructure?
81
November 19, 1987
Mr. Rodriguez. Transportation improvements, yes. _
Mayor Suarez: Is it for the corridor from downtown to...?
Mr. Rodriguez: The area covered by the DDA, yes. That one is there anyhow.
I think...
Mr. Plummer: Exactly. Another provision in there, Mr. Mayor, I think is very
important to this City, that once that DRI is in place, you cannot down -zone
at all.
Mr. Rodriguez: No.
Mr. Plummer: You can up -zone, but you can't down -zone and I think that that
is a very important...
Mayor Suarez: OR, run that... Madam City Attorney, is that...
Mrs. Dougherty: We changed that provision.
Mr. Plummer: When?
Mr. Rodriguez: Well, we have been trying to talk to you. We have been
negotiating with DCA to get interpretation From the lawyer from the DCA to
make sure that it will be correct and that one is taken care of.
Mr. Plummer: That one is taken out of? OR.
Mr. Rodriguez: Yes, it is taken care of now.
Mr. Plummer: OR, as I recall, once again, I don't want to take up the
Commission's time. Would you once again send them the paper that shows the
caven areas of concern that I had. They can use that to relate to the
document. They might not express the same fears. They might not express any
at all, but when I go up there and vote, I want it with the comfort that I
don't want somebody coming back in two years, or five years saving, "Hey,
Plummer, why didn't you tell me?" In spite of what some people think, I'm
going to be here in five years. _
Mr. Rodriguez: I have to add that I received comments from Commissioner
Kennedy's office already.
Mr. Plummer: You heard me, five years!!!
Mayor Suarez: I've never seen that, by the way, that seven point concern.
OK.
Mr. Rodriguez: I distributed it to you already, last meeting.
Mayor Suarez: OR, then I will have to track it down. Maybe...
Mr. Rodriguez: I will give you another copy.
Mayor Suarez: Please.
Mr. Plummer: Please give a copy to all of the Commission once again.
Mr. Rodriguez: I'll give you another copy today.
t
------------------------------------------------------------------------------
27. PERMIT SALE OF ALCOHOL BY LIQUOR PACKAGE STORES, NOT FOR CONSUMPTION ON
THE Ph%MISES, ON ALL SUNDAYS DURING THE REMAINDER OF NOVEMBER AND
DECEMBER.
Mrs. Kennedy: Mr. Mayor, before we go on, a separate point to 51 that we
just approved, I'd like to propose that from now until December 31st, all
liquor stores stay open on Sunday and I so move.
Mr. Plummer: As we have done in the past.
Mrs. Kennedy: As we have done in the past.
Mr. Plummer: I second.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1024
A RESOLUTION PERMITTING THE SALE OF ALCOHOLIC
BEVERAGES BY LIQUOR PACKAGE STORES, NOT FOR
CONSUMPTION ON THE PREMISES (N.C.O.P.), ON ALL SUNDAYS
DURING THE REMAINDER OF THE MONTH OF NOVEMBER AND
DURING THE ENTIRE MONTH OF DECEMBER, 1987, BETWEEN THE
HOURS OF 10:00 A.M. THROUGH 10:00 P.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
28. AMEND SECTION. 38-49 OF THE CITY CODE TO ALLOW SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES IN RESTAURANT FACILITIES AT SPECIAL PARK EVENTS AND
PROGRAMS AT BICENTENNIAL BAYFRONT AND FORT DALLAS PARKS.
----------------------------------------------------------------------------
Mayor Suarez: Item 52.
Mrs. Dougherty: We haven't passed 51 yet.
Mr. Plummer: We haven't passed 51.
Mayor Suarez: I'm sorry.
Mr. Dawkins: Move it.
Mayor Suarez: 51 is moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Read the ordinance, second reading.
83 November 19, 1987
t 41
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 38-49 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY ALLOWING THE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN
RESTAURANT FACILITIES AT BICENTENNIAL AND BAYFRONT
PARKS, AND BY ALLOWING SUCH SALES AND CONSUMPTION IN
AN ADDITIONAL RESTAURANT FACILITY AT FORT DALLAS PARK,
AND AT SPECIAL PARK EVENTS AND PROGRAMS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 22, 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. 10343.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
29. AMEND SECTION 53-161 OF THE CITY CODE BY ADDING RATES FOR THE NEW
EXHIBIT HALL AT THE MIAMI CONVENTION CENTER.
-------------------------------------------------------------------------------
Mr. Dawkins: Move item 52.
Mayor Suarez: Item 52 has been moved, do we have a second? Seconded. Any
discussion? Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: One clarification, Mr. Manager. Is to take into account the
new exhibit space that we have in there?
Mr. Odio: Yes, this is for the new space, Mr. Mayor.
Mayor Suarez: And, right, the rates reflect demand in some way. I mean, are
we doing well on demand?
Mr. Odio: Yes, we went out and surveyed all the facilities similar to that,
and that's what the demand is.
Mayor Suarez: What was the latest estimate of how much we lose a year on the
facility? The only reason I ask is a recent debate I had with a certain
opponent on the issue of whether it was down from $4,000,000 to $2,800,000?
Mr. Odio: We are shooting to two point eight...
Mayor Suarez: We are shooting for two point eight?
Mr. Odio: Yes, sir.
Mr. Plummer: What have we done... let me ask you this, because one of the
biggest offenders is the University of Miami. I don't see their facilities
being used.
84 November 19, 1987
Mr. Odio: More so, Commissioners, they have increased, I can tell you, about
50 percent of the use, and they are also booking rooms in the hotel which they
were not before.
Mr. Plummer: I think you need to go back and waive that document in front of
them that they waived in front of us, telling us that they would have 100,000
people a year through that facility. That's why we let them in for
$3,200,000.
Mr. Odio: Yes, sir.
Mayor Suarez: Read the ordinance. Call the roll on item 52.
NOTE FOR THE RECORD: The City Attorney read the ordinance by title only, for
item 53 at this point.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 53-161 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING THE
—� RATES FOR THE NEW EXHIBIT HALL AT THE MIAMI CONVENTION
CENTER TO THE RATE SCHEDULE FOR THE USE AND OCCUPANCY
OF AND THE SERVICES FURNISHED OR TO BE FURNISHED IN
CONNECTION WITH THE MIAMI CONVENTION CENTER;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 22, 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. 10344.
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.
30. AMEND SECTION. 1 OF "SOUTHEAST OVERTOWN/PARKWEST TRUST FUND ORDINANCE"
BY MODIFYING QUANTITY, TYPE AND TIMING OF PAYMENTS TO CONFORM WITH
REVISIONS IN FLORIDA STATE LAW.
Mr. Dawkins: Move item 53.
Mayor Suarez: Item 53 has been moved.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Read the ordinance.
85 November 19, 1987
AN ORDINANCE
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9590,
ADOPTED APRIL 6, 1983, THE SOUTHEAST OVERTOWN/PARK
WEST REDEVELOPMENT TRUST FUND ORDINANCE, WHEREBY THE
QUANTITY, TYPE AND TIMING OF PAYMENTS ARE MODIFIED TO
CONFORM WITH REVISIONS IN FLORIDA STATE LAW;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of October 22, 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. 10345.
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.
31. AMEND CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY ESTABLISHING THE
"MANUEL ARTIME RENOVATION PROJECT" WITH FUNDS FROM THE STATE OF FLORIDA.
Mayor Suarez: Item 54.
Mr. De Yurre: Move 54.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Mr. Manager, remember the
idea of possibly taking $300,000 of funds that we had that were supposed to be
used to refit these chambers and that the Commission never wanted to spend
from the cable monies to possibly match it up with this $300,000 for the
Artime Center and make it a much bigger renovation and then use that facility
over there occasionally for Commission meetings or whatever. Can we fudge
that situation a little bit so that we can use that money and make a really
great facility over there?
Mr. Odio: Technically we made that facility into a studio to transmit City
Commission meetings once in a while. I think maybe we need to look into it.
That's the only way we can do it.
Mayor Suarez: That $300,000 is still available? We haven't touched it?
Mr. Odio: I have to check it.
Mayor Suarez: I am going to send you a memo on it, but be thinking about
that, because if the Commission likes the idea, we can take $300,000 that is
not being used for these chambers, apply it to the other $300,000 and have
$600,000 and really make a top notch facility out of the other one. We just
have to have a Commission meeting every once in a while over there, which
would be just as well.
Mr. Odio: Technically, you have to meet the cable criteria, so I have to look
into it.
86 November 19, 1907
Mayor Suarez: Right, OK, I will have a memo going out to you on it, but I
just wanted to bring it up.
Mr. Plummer: Why not spend the $600,000 here?
Mayor Suarez: Why not spend the $600,000 here, because we wouldn't spend
$300,000 here!
Mr. Plummer: It wasn't enough.
Mayor Suarez: $300,000 allocated specifically to Artime.
Mr. Odio: I did want to ask your permission to see if you want to continue
finishing the front lobby and the lights here, which are very poor. I don't
know if you want to. I have withheld that item.
Mayor Suarez: Last time it came as a $300,000 package and the Commission shot
you down six to zero.
Mr. Odio: No, I am holding up a package of about seventy-seven...
Mayor Suarez: Right, that would be an interesting possibility.
Mr. Odio: I think it was something near $100,000.
Mayor Suarez: OK, on 54, to accept the grant.
Mrs. Kennedy: Move it.
Mayor Suarez: It has been moved and seconded. Read the ordinance. Call the
roll.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 10187 ADOPTED
DECEMBER 11, 1986, AS AMENDED, THE CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY ESTABLISHING
THE PROJECT ENTITLED "MANUEL ARTIME RENOVATION"
PROJECT NO. 333083, IN AN AMOUNT OF $300,000 FROM THE
STATE OF FLORIDA, VIA SECTION 1, SPECIFIC
APPROPRIATION 1601A, SENATE BILL 1325; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 22, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, 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. 10346.
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.
87 November 19, 1987
R
32. ESTABLISH APPROPRIATIONS FOR CITY CAPITAL IMPROVEMENTS.
Mayor Suarez: Sergio, do you want to tell us one last thing?
Mr. Rodriguez: Item 55, second reading.
Mayor Suarez: OK, do you want to move 55 on second reading, for our Planning
Director to go away and start doing some planning?
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. De Yurre: Second.
Mr. Plummer: Wait, what was the motion?
Mrs. Dougherty: Item 55.
Mayor Suarez: Sergio asked us to move 55.
Mr. Rodriguez: Second reading.
Mayor Suarez: Second reading on the capital improvement budget.
Mr. Plummer: Oh, OK.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY
CAPITAL IMPROVEMENTS; CONTINUING AND REVISING
PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT
PROJECTS, AND ESTABLISHING NEW CAPITAL IMPROVEMENT
PROJECTS TO BEGIN DURING FISCAL YEAR 1987-88;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of October 22, 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. 10347.
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.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:05 P.M. AND RECONVENED AT 2:36 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
88
November 19, 1987
---------------------------------------------------------------- -------------------
33. PRESENTATIONS, PROCLAMATIONS AND COMMENDATIONS.
Key to City Presented: Torcuato Luca de Tena, Director of the ABC Newspaper
in Spain.
34. AUTHORIZE 16 SURPLUS GARBAGE TRUCKS AND 8 DUMP TRUCKS TO SISTER CITY OF
SANTO DOMINGO, AND NEGOTIATE A PRICE FOR SAID EQUIPMENT.
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, as I indicated to you, I would like to, if I could at
this time, offer a resolution in behalf of the Sister City program with Santo
Domingo, to authorize the City Manager, they have indicated the desire and
need for 16 of the garbage trucks, which have been declared surplus and eight
of the dump trucks and I would offer a resolution at this time, Mr. Manager...
Mr. Manager!— former Manager!...
Mrs. Kennedy: Promises, promises!
Mr. Plummer: ... Mr. Manager, authorizing the City Manager, due to the
tremendous need, and the adversity that Santo Domingo has had with the
earthquakes and all of the problems, to authorize the Manager to negotiate a
sale of the items so indicated, the 15 garbage trucks and eight dump trucks
with the City of Santo Domingo, our Sister City. I so move, Mr. Mayor.
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. 87-1025
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PROVIDE 16 SURPLUS GARBAGE TRUCKS AND 8
SURPLUS DUMP TRUCKS TO THE SISTER CITY OF SANTO
DOMINGO, DOMINICAN REPUBLIC; FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER TO NEGOTIATE A PRICE FOR
SAID EQUIPMENT IN ACCORDANCE WITH APPLICABLE CITY CODE
PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
89 November 19, 1987
-------------------------------------------------------------------------
35. ALLOCATE $196,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND TO
LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. IN
THE FORM OF A LOAN FOR CAPITAL IMPROVEMENTS/CONSTRUCTION FOR ITS ELDERLY
SERVICES PROGRAM.
-------------------------
Mrs. Kennedy: Mr. Mayor, the last item that we left was the Manuel Artime
Center funding. I would like to move the adoption of this resolution, which I
_ believe all of you have, loaning the Little Havana Activity and Nutrition
Center $196,000 until they receive the money from the State.
Mayor Suarez: We had approved that prior? Now we are just formalizing it?
Mr. Plummer: What are you talking about?
Mayor Suarez: We had approved that $200,000 loan before.
Mr. Plummer: Is it this one?
Mrs. Kennedy: Yes, this one.
"A resolution allocating $196,000 from the special programs and
accounts, contingent fund to the Little Havana Activities and
Nutrition Centers of Dade County..."
Mr. Plummer: I second it.
Mrs. Kennedy: Thank you.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1026
A RESOLUTION ALLOCATING $196,000 FROM THE SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND TO THE LITTLE
HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE
COUNTY, INC. FOR THE PURPOSE OF PROVIDING A LOAN TO BE
REPAID TO THE CITY FROM THE AGENCY'S GRANT FROM THE
STATE OF FLORIDA IN THE SAME AMOUNT TO PROVIDE CAPITAL
IMPROVEMENTS/CONSTRUCTION IN CONJUNCTION WITH THE
AGENCY'S ELDERLY SERVICES PROGRAMS, SAID LOAN
CONDITIONED ON THE AGENCY EXPENDING THE LOAN AMOUNT IN
ACCORDANCE WITH ALL REQUIREMENTS OF THE AFOREMENTIONED
GRANT WITH THE STATE OF FLORIDA AND THE AGENCY
AGREEING TO ESTABLISH A REPAYMENT SCHEDULE FOR THE
FULL AMOUNT OF THE LOAN IF FOR ANY REASON THE GRANT
FROM THE STATE OF FLORIDA IS RESCINDED; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
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 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.
90
November
19,
1987
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Now I know why Josefina is here. "Yes."
Mr. Plummer: No, you know why Josefina is leaving?
Mayor Suarez: She is staying. That is the trouble here, it could mean
another item!
36. APPROPRIATING COMMUNITY BLOCK GRANT REVENUE FUNDS TO BE ALLOCATED IN THE
CITYWIDE DEMOLITION OF SUBSTANDARD BUILDINGS PROJECT.
Mayor Suarez: Item 56. Remind me please...
Mr. Odio: This is an ordinance appropriating $106,000 of the fifth year CDBG
revenue fund and $135,000 of seventh year CD revenue fund for a total of
$242,000 to be allocated as the budget funds in the twelfth year City wide
demolition of substandard building projects.
Mayor Suarez: I entertain a motion on this.
Mr. Plummer: So moved.
Mrs. Kennedy: Move it.
Mayor Suarez: This has been widely discussed and approved rather unanimously
by this Commission. Moved and seconded. Any discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10145
ADOPTED SEPTEMBER 11, 1986, BY APPROPRIATING THE
s� ADDITIONAL SUM OF $242,315 AT PRESENT ALLOCATED AS
REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS,'$106,359 IN FIFTH (5TH) YEAR AND $135,956 IN
SEVENTH (7TH) YEAR, SAID AMOUNTS TO BE TRANSFERRED
FROM SAID REVENUE FUNDS AND ALLOCATED AS BUDGET FUNDS
IN THE TWELFTH (12TH) YEAR CITYWIDE DEMOLITION OF
SUBSTANDARD BUILDINGS PROJECT, TO BE CARRIED OUT BY
THE BUILDING AND ZONING DEPARTMENT, FOR THE
�. IMPLEMENTATION OF AN AMENDED TRUST AND AGENCY FUND
ENTITLED: "COMMUNITY DEVELOPMENT BLOCK GRANT TWELFTH
(12TH) YEAR"; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
37. AMEND SEC. 54-104 OF THE CITY CODE ENTITLED "STREETS AND SIDEWALKS," BY
INCREASING THE WIDTH OF NE 32 STREET BETWEEN BISCAYNE BOULEVARD AND NE 2
AVENUE.
------------------------------------------------------------------------------
Mayor Suarez: Item 57, widening...
Mr. Plummer: Move it.
Mayor Suarez: ...32nd Street, between Biscayne and N.E. 2nd.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS
AND SIDEWALKS" BY AMENDING SECTION 54-104 ENTITLED
"NONSTANDARD STREET WIDTHS", MODIFYING THE WIDTH OF
N.E. 32 STREET BETWEEN BISCAYNE BOULEVARD AND N.E. 2
AVENUE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
38 UPDATE PROVISIONS RELATED TO CODE ENFORCEMENT BOARD TO CONFORM WITH
RECENT CHANGES IN STATE LAW.
Mayor Suarez: Item 58, is this a cleanup item from the Legal Department?
Mrs. Dougherty: Yes, sir.
Mrs. Kennedy: Move it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
November 19, 1987
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X, ENTITLED
"CODE ENFORCEMENT BOARD" OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY UPDATING THE PROVISIONS
OF SAID ARTICLE TO CONFORM WITH RECENT CHANGES IN THE
FLORIDA LAW GOVERNING LOCAL CODE ENFORCEMENT BOARDS;
= MORE PARTICULARLY AMENDING CODE SECTIONS 2-392, 2-393,
2-394, 2-395, 2-396, 2-397, 2-398 AND 2-399;
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.
------ ------------------------------------------------------------------------
39. APPROVE PROPOSALS FOR TOWING AND WRECKER SERVICES CITYWIDE GENERALLY FOR
® THE POLICE DEPARTMENT.
s�
---------------- -------------------------------------------------------------
Mayor Suarez: Item 59. We are going to have finally, towing contracts.
Mr. Plummer: 59, Mr. Mayor, I would ask a couple of questions. First one is,
to the Police Department if they are present, because it is a police
towing
contract - at the last time this matter came before this Commission,
it was
discovered that one of the companies had a great number of complaints and yet
was still being recommended and I raised holy hell about it.
— Mr. Odio: You don't remember the name of it?
Mr. Plummer: I don't want to remember the name, it is immaterial. All
I want
_
—_ to make sure and on the record, that you have done a background check
on all
of the participants of all of these companies. Is that correct?
Officer John Shannon: Yes.
Mr. Plummer: For the record, your name
Officer Shannon: Officer John Shannon.
Mr. Plummer: And you are in what unit of the Police Department?
Officer Shannon: Accident Investigation Unit, the towing detail.
r
Mr. Odio: In charge of towing, he never smiles.
Mr. Plummer: He never smiles?
- Mr. Odio: No.
Mr. Plummer: Well, he is not supposed to. That way...
Officer Shannon: I am a former funeral director. That's why I never smile.
93 November 19, 1907
_ Mr. Plummer: A former funeral director. I am now in a direct conflict of
interest! All right, but you have done a background check of all of the
participants of all of these companies.
Officer Shannon: Yes, I have.
Mr. Plummer: OK, I have one other area, Mr. Manager, of concern, which was
discussed before and said that we would discuss at this meeting when the award
was made so that it wouldn't... I will make a motion at the proper time what
your recommendations are that we follow. The area in question still resolves
around the storage.
Mr. Odio: OK, yes, sir.
_ Mr. Plummer: Now, I am informed that the State law pertaining to storage is
that the first six hours, there is no charge for storage. That is the State
law?
Officer Shannon: Yes.
Mr. Plummer: OK. Yet, we are proposing in our law, seven days.
Mr. Odio: Of no charge?
Mr. Plummer: Excuse me? Who is saying no?
Mr. Odio: An attorney there - twelve hours.
Mr. Plummer: Twelve hours free?
Mr. Odio: Yes.
Mr. Plummer: The first twelve hours, a half a day, is free.
Mr. Odio: Well, they towed my car the other day and I had to pay
Mr. Plummer: Well, they shouldn't even give it back, if that as a City car.
All right now, there is one other area of concern, and that area of concern is
that the companies that are doing the towing, once they have a car impounded,
have to depend upon the Police Department for the name, address, of the owner.
There seems to be an area there of delay. Now, I don't know how you address
that situation if it exists, and I am not saying that it does, but some of the
times, it is a delay, and I think that we have an obligation to the owner of
the car, not to the companies that tow, to make sure that that notification or
that information is funneled back to the companies. For example, if they
don't get the information back in twelve hours, what we have done in the way
of twelve hours storage means nothing. So, I don't know how you set a
criteria and I will leave that to the Manager, that there must be a response
by the Police Department in "X" hours after the request is made, OK?...
because if you don't, we have accomplished nothing and as far as twelve hours
is concerned, I don't see... if it becomes a problem or a burden, I don't
know, why are we different than the State law?
Ms. Linda Kelly: (OFF MIKE) That's a negotiating point, Commissioner.
Mr. Plummer: Would you come to the record, please? Because the storage is
made on a daily basis, right?
Officer Shannon: Yes.
Mr. Plummer: So you are talking about a half a day of opposed to a quarter of
a day.
Mr. Odio: I want to remind you...
Mr. Plummer: What happens if the six hours is in the middle of the night?
Ms. Kelly: That's why we say twelve hours because if it is only six, it
wouldn't give them ample time to get the mon.Jy to have their car removed. It
is a negotiating point. We met with the towing agencies for several months...
94 November 19, 1987
14 o
Mr. Plummer: You think it is... all right, I will ask you, and abide by you,
OK? Do you think it is that important an issue to deviate from the uniformity
of State law, to put in twelve hours rather than six?
Ms. Kelly: Sure, I think so.
Mr. Plummer: We'll listen to the association, all right. How do you... can
you divvy up a day? I mean, what do they charge, what, $10.00 a day storage?
Mr. Bill McClaskey: It is according to the new proposal, is $12.00 a day,
beginning at 12:01 a.m. on that...
Mr. Plummer: Yes, but we are holding you up for what, $2.00?
Mr. McClaskey: No, not really. This proposal says you are holding us up for
the first twelve hours, which is six more than the State and on top of that,
the...
Mr. Plummer: Well, I would say to the association, OK, if that becomes a
problem, or a major problem, I would be entertaining to come back to this
Commission and we will address the issue again. Take it from there.
Mr. McClasky: Very good.
Mayor Suarez: Officer, the proposal as stated leaves open the question of
whether we recommend more than one towing company per zone. In fact, the
state you are actually recommending in some cases more than one. You sort of
caution again it, but I like the idea of having more than one, where you
recommend more than one and obviously with rotating among them, in some way or
another, and leaving that for your negotiating skills to try to get the best
possible service, and that... I am speaking for myself, of course, but since
you leave that option open, I want to state that for the record.
Mr. Plummer: Well, Mr. Mayor, I don't have any disagreement with what you
say, but let me tell you from the standpoint of one who was in a similar
business many years ago and that is when we were providing ambulance service
for the City. You have an impossible situation exist where you are providing
the service for one month, then you are off two months, and then you are back
on a month to try to get the adequate personnel, because during the two vacant
months you don't need but half. OK...
Mayor Suarez: I don't know that they could structure on a per month basis.
For all I know, they were structured on a per call basis, but I...
Mr. Plummer: No, it is on a rotating basis, a month to month to month.
Officer Shannon: Month to month, yes.
Mayor Suarez: You might want to do it on a per call basis. I mean, you could
have two companies - the competitive thing, the reason I like it,
Commissioner. Make sure that they... and the fact, of course, that they were
selected, you know, in tandem. I mean, you selected more than one, why leave
somebody out? Not in all cases, by the way. He has only done that in three
zones out of six, half the zones.
Mr. Ronald Williams: Mr. Mayor, if I may, that essentially represents a
qualification of more than one agency as compared to a formal recommendation.
Mr. Plummer: What do other cities or the State do? Do they rotated this
month one company, the next month another company, or do they rotate call for
call for call?
Mr. McClaskey: Well, in most areas, Commissioner, each person has a zone and
they don't rotate anybody. The only one that does that... there are very few
that do that and it is confusing, mind boggling, and the Police Department
hates it.
Mr. Plummer: OK, fine. Mr. Mayor, I move item 59.
Mayor Suarez: So moved.
Mr. De Yurre: Mr. Mayor.
95
November 19, 1987
Mayor Suarez: Commissioner.
Mr. De Yurre: Yes, I like to get some background information on this. What
is the purpose of having, you know, one area with one and some areas with two
companies? I mean, like, what is the underlying reason for this?
Mr. Williams: If I may respond, Commissioner. Essentially, we went through a
qualification process. We wanted to come to the Commission with a group of
towers, or a list of towers that the Commission could look at, that we had
gone through a very detailed, along with the Police Department, along with the
Towing Association and we had gone through and basically provided you with a
list of agencies per zone that we say are qualified for towing services. As
it worked out, some of those particular zones, we found that there were more
than one agency that was qualified to tow there. In an attempt to make this a
comprehensive and consistent program, it was not at all possible, based on a
common set of criteria to eliminate towers, thus we presented you with more
than one option. However, we do advise in our recommendation that you
consider the issue of one tower per zone because of some of what you heard
previously regarding confusion, not so much on the part of the tower that we
_ was concerned about, but also on the part of the public, where their car may
be towed in a particular zone and may be confused as to where, or which tower
Fa it would be.
Mrs. Kennedy: Yes, I think that is the main question and on those areas do we
split it in two, or do we give it to one or the other?
Ms. Kelly: That's the decision to make.
Mr. Plummer: Are you saying in zone four, five and six that you are asking
the Commission to recommend?
Mr. Odio: (OFF MIKE) Or to split the work.
Mr. Williams: No, with...
Mr. Plummer: Approve one?
Mr. Williams: Yes.
Mrs. Kennedy: Well, Ron, for example, zone five has Southland Towing, and Ted
& Stan's. Zone six has Southland Towing and Ted & Stan's. Why don't we give
zone five to one and zone six to the other?
Ms. Kelly: You can do that.
-- Mr. Odio: You can do that.
Mr. Williams: You can do that.
Officer Shannon: They can bid on it.
Mr. Dawkins: Why wasn't more than those two offered in those zones?
Mr. Williams: Because those were the two qualified towers in that particular
zone.
Officer Shannon: They were the only ones that bid on it. They are the only
ones that bid on that particular zone.
Mr. Williams: Bid and were found to be qualified.
Mayor Suarez: Yes, sometimes, somebody bids who is from really, really far
away from the zone, and I know you try to eliminate those so that you don't
i get cars being towed a long distance, obviously.
Mr. Williams: Absolutely, Mr. Mayor.
Mr. Plummer: Well, then the only one you are really asking us to make a
distinction on, is four, zone four.
Mayor Suarez: And one.
96
November 19, 1987
Mr. Plummer: No, one is only one company.
Mrs. Kennedy: Zone three has two, Downtown Towing Company and Molina Towing.
Mayor Suarez: One and four have one company each.
Mrs. Kennedy: One and four have one. Zone three...
Mr. Plummer: Bob, come here.
Mr. Williams: Let me read down my list so that I can assure that the
Commission has...
Mayor Suarez: Well, if it is not the same list we have got, we have got
problems, but go ahead.
Mr. Plummer: The one I have in front of me, which was just handed me by Mr.
Clark, shows one in zone one, and that is Nu -Way Auto Service. In zone two,
it shows 1, Nolan's Towing and Recovery.
Mr. Dawkins: No, it shows two on my...
Mr. Plummer: Well, I am telling you what is in front of me, Mr. Mayor.
Mr. Dawkins: All right, well, all right, OK.
Mr. Plummer: And in zone three...
Mrs. Kennedy: Look in your backup.
Mr. Plummer: ... is 1, which is Molina Towing, In zone four, there are three
companies.
Officer Shannon: Two.
Mr. Plummer: Sir, there are three companies on this paper.
Mayor Suarez: Why do we have.. let's clarify. Why do we have a different
listing here, in front of us, Ron, than the one he is reading from?
Mr. Plummer: Five and six each have two companies. In zone four, for
example, you are showing Coral Way Towing, Blanco Towing, and Freeway Towing.
Mr. Williams: Blanco does business as Freeway, Commissioner Plummer.
Mayor Suarez: What list is he reading from and why is it different from the
one we have in our backup?
Mr. Williams: We made an adjustment, Mr. Mayor, in our recommendation based
on some very late information that was received by the Miami Police Department
regarding a towing. firm that we had previously provided you as being
qualified. We presented you with an alternative to that company. The company
in particular was Downtown Towing and we provided you with an alternative. We
thought that you had received all of those revised and updated versions of
that. I apologize, we need to get those to you.
Mayor Suarez: OK, the one you are recommending is the one that the
Commissioner is now reading from, Commissioner Plummer.
Ms. Kelly: Right.
Mr. Plummer: I assume this is the one that the City Attorney just handed me.
Mrs. Kennedy: OK, Ron, so number one is Nu -Way Auto Service. There is no
problem there. Number two, Nolan's Towing and Recovery, no problem. Three,
Molina Towing, Inc., that is all right. Now, the question comes to four. We
have to decide between Coral Way Towing or Blanco Towing.
Mr. Williams: That's right, Commissioner.
97 November 19, 1987
Mrs. Kennedy: And then five, we give it Ted and Stan's and six, we give it to
Southland Towing.
Mayor Suarez: Yes, five and six, we just split between the two, obviously, so
the tough one in a sense, is four.
Mrs. Kennedy: OK, who is Coral Way Towing and who is Blanco Towing doing
business as Freeway Towing? Who are the principals?
Mr. Williams: Let me get you that quick. We do have that information.
Mayor Suarez: Do we have a principal? Let me see. Are you a principal of
one of the two?
Mr. Manuel Guarch: Of Coral Way or Freeway? No. Downtown Towing.
_ Mr. Dawkins: Let's do it like this. Who is here from Nu -Way? Stand and let
me see you, sir. All right, sit down. Who is Nolan? All right. Molina?
OK, Coral Way? So you don't even have to discuss him. Blanco? All right, if
he didn't think enough to be here... Freeway?
= Officer Shannon: They are the same.
Mr. Dawkins: OK, so scratch out Coral Way and put in Blanco. All right,
ain't no problem. All right, Ted and Stan, are they here?... because, I mean,
I am trying to do this for the ones that who don't... we have been on this
damn near ten years.
Mr. McClaskey: Commissioner, we have three people that are listed on here
that are not here today: Ted and Stan's, Southland Towing avid Coral Way.
Mrs. Kennedy: Have they sent representatives?
Mr. Mc Claskey: I represent.
Mayor Suarez: What's your company?
Mr. Guarch: Downtown Towing.
Mayor Suarez: And you are not in the final list of recommendations?
Mr. Guarch: We were on the final list. We are on the agenda, right here.
Mayor Suarez: All right, but why is Downtown Towing not on this final list of
recommendations here?
Mr. Williams: I need to explain that to you, Mr. Mayor. We...
Mayor Suarez: You certainly do.
Mrs. Kennedy: Yes, you are in that backup material.
Mr. Williams: We were provided with information very late and it is part of
the reason for the confusion that we apologize for.
Mayor Suarez: I am not concerned about that. I want to know why Downtown
Towing is not in the recommended list now, when they were.
Mr. Williams: Downtown was on the recommended list and it is not presented to
you as being recommended because we were provided with information involving a
legal issue surrounding one of the principals in this company, which gave us
concern after discussing with the Police Department and Legal Department, and
decided that...
Mayor Suarez: Are you saying they are not a responsible bidder?
Mr. Williams: I am saying to you that based on the circumstances involved in
this legal issue, we wanted to have that cleared up for that particular
individual become not involved in the company before we could realistically
— make the recommendation to you .
Mayor Suarez: Has that been cleaned up?
98
November 19, 1987
Mr. Williams: It has not been cleared up. However, in discussions with this
gentlemen, we have said in our 30 day cure clause, I believe the Law
Department called it, that if this legal issue is either cleared within 30
days, or this individual is separated from the company completely, not only
ownership, but in its operation, we found no other reasons to disqualify them
from the list.
Mr. Guarch: Mr. Mayor, we were told of this...
Mayor Suarez: Give us your name and address.
Mr. Guarch: Manny Guarch, Downtown Towing. We were told of this problem
yesterday at 4:30 in the afternoon. All right, I don't think it is fair to be
able to come up with any... and I offered them today the solution to this and
it is completely out of order the way it was done. I believe that you don't
tell somebody at 4:30 in the afternoon, the day before the Commission meeting,
"Hey, one of the owners has a problem, legal problem." And it is a legal
problem, and I believe that until proven guilty of something, you are not
guilty of it and I believe we weren't given a chance to be able to address
this problem and...
Mr. Plummer: Well, he is saying sir, that you have got 30 days to address it
-- before it becomes law.
Mr. Guarch: Exactly, but if we are not being recommended, then we are not
going to be able to get a zone, once we don't get it.
Mayor Suarez: Is it your determination that they are not a responsible bidder
in view of that information, or not?
Mr. Williams: It is...
Mr. Guarch: It is not the company..
Mr. Bob Clark: Mr. Mayor, may I suggest to you that the expression is not
highest responsible bidder. We are merely approving a service to be afforded
members of the public.
Mayor Suarez: I understand, but I mean, it is an equivalent concept of trying
to determine, Bob, if they are in fact, responsible or not.
Mr. Williams: Mr. Mayor, we think that this issue should be resolved prior to
our recommending to you that they be included on the list and as we have
expressed...
Mr. Dawkins: Well hold it.
Mr. Guarch: Then I think this should be delayed then.
Mr. Dawkins: Is a motion in order?
Mr. Plummer: Always in order.
Mayor Suarez: Any time.
Mr. Dawkins: All right. I mean, we have been on this I don't know how long.
I would like to make a motion that number one be Nu -Way. Number...
Mr. Plummer: I withdraw my motion.
Mr. Guarch: Mr. Dawkins, may I...
Mr. Dawkins: Yes, sir,
Mr. Guarch: We have been at this since 1979 and for every other reasbn, this
thing has never come up to the Commission meeting for one reason or another.
We have been approved before prior, in other contracts and they found not to
be correct, the contract, whatever they have been... until now, I was on the
board of negotiations with the towing agency, independently, with the City, so
I know how long. It has been a year since we started it and it was approved
back in February and now in October is when it is coming up. I believe that
99 November 19, 1907
in all fairness, the company is not involved in anything detrimental to the
public or anybody. The issue involved is a minority shareholder of the
company and he has agreed to withdraw from the company because his parents are
involved and it would be detrimental to their own income. And again, if this
would have been brought to our attention two days, or day before. It was
brought to our attention at 4:30 in the afternoon and it is clearly not enough
time to get this thing settled before we came here and I believe that the way
that the whole thing was handled was irregular all the way from the top.
Mr. Dawkins: Is that a true statement that he was only notified at 4:00
o'clock, sir?
Ms. Kelly: We were only notified recently.
Mr. Dawkins: Ma'am?
Ms. Kelly: We weren't notified until the earlier part of this week, of the
situation, the Law Department, nor was the Administration.
Mr. Dawkins: Well, who notified the Law Department that he was... quote,
unquote...
Ms. Kelly: The Police Department.
Officer Shannon: Mr. Commissioner, we didn't... I myself did not learn about
it until last week. Downtown Towing was aware of it on 10-2-87. They did not
notify us that they had a legal problem and...
Mr. Guarch: We do not have a legal problem. One of the stock holders has a
legal problem. The company does not have a legal problem and we are not under
a contract with the City. We are on contract with the County, with Florida
Highway Patrol, which in fact, does rotate and they use a computer system to
rotate.
Mayor Suarez: OK, can we propose, if he stated to you now that this
individual with the legal problem is no longer, and will not be an officer of
the corporation, does that solve your problem?
Mr. Dawkins: But, the problem existed with all these other people qualified.
The problem existed because they had... quote, unquote, you can call them
anything you want to call them, a stock holder is a part of the business and
as a stock holder, they are liable for a stock holder and the stock holder is
liable for the rest of the stock holders.
Mr. Guarch: Yes, but the stock holder at no time acted on behalf of the
company. The company is not involved in any litigation, first of all.
Second, he is not guilty right now, until he is proven guilty. That's what I
am trying to make a point.
Mr. Dawkins: All the point I am trying to say, sir, is, there are rules and
regulations. They are the ones who we pay to set up the screening and what
have you and this is their recommendation.
Mr. Guarch: OK, fine, but as I said, at 4:30 in the afternoon to notify us of
this. We were not advised. We don't have to tell the Police Department,
"Hey, a stock holder has a problem." I mean, that is not, I mean, is that...
Mayor Suarez: It is very simple, from what the Manager is saying. We can
leave you on the list of recommended and leave it for administrative
discretion, whether they actually award you any of the work or not, and that
is fine with me.
Mr. Plummer: But, wait a minute. I'm losing something. Is this Commission
not being asked to select one company per zone?
Ms. Kelly: But, Commissioner, the towing agency is competing for two zones,
so conceivably, you could award one to one, and one to the other.
Mayor Suarez: We know that. That's not the question. The question is, for
one zone, can we recommend more than one?
Ms. Kelly: Well, that is your prerogative to do, yes.
100
November 19, 1987
Mayor Suarez: Thank you. We can recommend more than one, if we choose and
then you have to figure out a rotating system, whatever you choose. What is
the Commission's pleasure?
Mr. Plummer: Well, Commissioner Dawkins was getting ready to make a motion,
or started to make a motion.
Mrs. Kennedy: Yes.
Mr. Dawkins: I make a motion that for zone one, we go with Nu -Way; zone two,
Nolan; and as much as I hate it, since they recommended it, Molina, because
Molina is robbing people downtown with towing away people's cars, but since
they recommended it, I am going with your recommendation.
Mr. Williams: Well, we...
Mr. Dawkins: No, that is with Off -Street Parking, that is not with us. OK,
four, Blanco; five, Ted; and six Southland, and let this gentleman...
Mrs. Kennedy: Could I ask some clarification about Molina robbing people
downtown?
Mr. Dawkins: Molina... not Molina, the Off -Street Parking Department, they
have a guy who rides around in Molina's towing truck, and while the guy is
writing the ticket, Molina is hooking him up and before they get the ticket
written, they are hauling him off and that happens all day long downtown! I
mean all day, I will take you down there right now and if they don't tow ten
cars between now and 4:00 o'clock I will buy you a soda.
Mr. Plummer: Gee, you are so gracious, a soda!
Mrs. Kennedy: I'll take it, I'll take it.
Mayor Suarez: There is two of these companies over the years that I have
heard a lot of complaints about. The Commissioner has referred to one, there
is one other one. Of the ones being recommended, I have never heard any
complaints about Downtown Towing. I would have no problem including them as
an alternative if they solve the problem, subject to them solving the problem
within the 30 days you recommend as an alternative to rotate with Molina on
number three.
Mr. Dawkins: I'll accept that amendment, Mr. Mayor.
Mayor Suarez: OK.
Mr. Dawkins: Just so we can get through.
Mayor Suarez: So moved. Do we have a second with the amendment?
Mr. Plummer: Second the motion.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-1027
A RESOLUTION APPROVING THE PROPOSALS OF CERTAIN TOWING
AGENCIES FOR THE ZONES AS DESIGNATED HEREIN FOR
FURNISHING TOWING ND WRECKER SERVICES TO THE CITY OF
MIAMI ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE
FOR AN ADDITIONAL YEAR; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE CONTRACTS 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:
101 November 19, 19$7
is I
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: Go and sin no more.
Mayor Suarez: At least we have a contract. When we took office, there was no
contract, you know. That is the worst of all worlds.
NOTE FOR THE RECORD: CITY COMMISSION TOOK PICTURE WITH DR. STAN WONGO FROM
SUDAN PARLIAMENT.
40. ACCEPT BID OF MISENER MARINE CONSTRUCTION, INC FOR DINNER KEY MARINA
REDEVELOPMENT -PIER CONSTRUCTION, AND AUTHORIZE EXECUTION OF CONTRACT
WITH SAID FIRM. (SEE LABEL 6)
Mayor Suarez: The item on Dinner Key Marina, we have been postponing you all
day. The company you represent is Pavarini?
Mr. Eugenio Marill: Pavarini Construction Company.
Mayor Suarez: Your name once again?
Mr. Marill: My name is Eugene Marill. I am the controller and chief
financial officer of the Company. On July 7, 1987, we submitted a bid to the
City of Miami for the renovation of the Dinner Key Marina. That bid, we were
showing a bid base amount of $7,197,000. This amount of $7,197,000 was
spelled numerically and written at the end of the bid. I have here a copy of
the proposal that we sent and...
Mayor Suarez: Our department is telling us that if you add up all of the
components that you gave us it comes out with the higher figure. Is that
correct?
Mr. Marill: Yes, but I understand that our base bid, and we confirmed this
figure on a letter, a certified letter that we sent to the City of Miami on
July 20th, stating that the base bid was $7,197,000. If ylx...
Mayor Suarez: What do we contend the figure to be?
Mr. Cather: $7,356,295.
(Mayor Suarez: And our rule is that if all the components add up to that
amount, that is the amount that we look at?
Mr. Cather: That is correct, sir.
Mayor Suarez: Not the amount that they necessarily put on as the addition...
incorrect addition.
Mr. Cather: All it is is a summary of items one through thirty.
Mayor Suarez: When you say base bid, what do you mean by base bid? If it is
not the addition of all the components, unless you give us something for free
or something, how are we supposed to know it is not your bid?
Mr. Marill: Well, let me call my chief estimator and he can explain to you
this...
Mayor Suarez: That might help, yes.
102 November 19, 1987
Mr. Glen Pavlick: Yes, sir, the way we read, there was a 30 item breakdown to
the bid.
Mayor Suarez: Give us your name, sir.
Mr. Pavlick: Glen Pavlick, chief estimator of Pavarini. We did make a
mistake when breaking down the base bid into the 30 items, but our base bid
was always, and still remains the $7,197,000. There was a mistake in the
breakdown. That's very simple.
Mayor Suarez: I see. What was the mistake, if we may know now?
Mr. Pavlick: It was just an additional mistake when we called the bid in. It
just...
Mayor Suarez: Well, but for it to be seven one, you have to reduce one of
your components. Which is the one that was overstated, then?
_ Mr. Pavlick: I believe it was the mobilization, but I am not quite sure which
one it was. I mean...
Mrs. Kennedy: So the base bid was $7,197,000, plus $108,000 for the rip -rap.
Mr. Pavlick: Yes, that is correct.
Mrs. Kennedy: OK, for a total of $7,305,000.
Mr. Pavlick: That's correct.
Mr. Odio: Commissioner...
Mrs. Kennedy: Which makes it still $13,000 lower than the other bid.
Mr. Pavlick: That is what we are contending, yes.
Mr. Odio: But, Commissioner, when you add up all the monies, we have to pay
them, one way or the other, we have to pay them more money than we have to pay
Misener. So, no matter how you figure it out, you are more expensive than the
other one. That... you are not the lowest bidder.
Mr. Pavlick: What we are saying is there was a mistake made in the breakdown,
but our base bid, and what we are willing to do the project for is the
$7,197,000.
Mr. Odio: No, no, but you can't change it after the fact. When the bids came
in and we tabulated the amount, we ended up paying you more money than to
Misener Marine, therefore, you are not the lowest bidder.
Mr. Pavlick: What we are saying is, we never had a chance to revise the 30
item breakdown.
Mr. Odio: Once you present your bid in a closed bid process, that's it.
Mrs. Kennedy: Yes.
Mr. Pavlick: Are you telling me...
Mrs. Kennedy: I agree, you cannot change it after the fact...
Mayor Suarez: Wait, wait. Commissioner.
Mrs. Kennedy: Yes, but excuse me one second... but, who scratched these
number, and wrote new numbers without initialing them?
Mr. Pavlick: Pavarini did not alter that bid whatsoever.
Mr. Odio: No, no, the department added...
Mrs. Kennedy: And I will get to then: as soon as I can go to my desk.
103 November 19, 1987
10
It
Mr. Odio: ... tabulated your numbers and we changed the total because it was
wrong.
Mr. Pavlick: But they never notified us to give us a chance to revise the 30
item breakdown.
Mr. Odio: You cannot revise numbers after you send a closed bid.
Mr. Pavlick: Are we entitled to be notified then, that our 30 item breakdown
does not add up to the total base bid?
Mr. Dawkins: Madam City Attorney. Mr. City Attorney.
Mr. Clark: She is right here, your honor.
Mr. Dawkins: This gentlemen... oh, it doesn't make any difference... this
gentlemen is alleging that something illegal was done. Is that right?
Mrs. Dougherty: I don't know if he is alleging that or not.
Mr. Dawkins: Well, are you, sir?
Mrs. Dougherty: It is our view that it is nothing illegal occurred.
_ Mr. Pavlick: No, sir, I am not. What I am saying is that our bid was
$7,197,000. When we pulled the public record, that number was changed and it
was not done by our company, that is all I am saying. I am not alleging
anything, other than that was not our bid.
Mr. Odio: And what we are saying, Commissioner...
Mr. Pavlick: We had a bonded number, we had a bonded bid, five percent bid
bond for $7,197,000. That was our bid. There was a mistake in the breakdown,
but the bid was, and still remains, the $7,197,000.
Mr. Odio: Well, we...
Mrs. Dougherty: Commissioner Dawkins, they had... the Public Works Department
scratched out that $7,197,000. That was on the front page of the proposal.
It says, "Base bid: The total of items one through thirty." The reason they
crossed that out is because you totalled the items one through thirty, they do
not add up to $7,197,000, they add up to $7,356,000. It is our view that the
particular itemization is what would control over the generalization and
therefore, we uphold the recommendation of the department.
Mr. Dawkins: OK, I move that we uphold the recommendation of the department
and go ahead and award the contract to the individual recommended by the
department and if anybody thinks anything has been wrong, take it to Janet
Reno. That's my recommendation.
Mayor Suarez: So moved, do we have a second?
Mr. Plummer: (OFF MIKE) Well, I have to go along with the Administration
Mayor Suarez: I'm going with you.
Mr. Plummer: Nothing has been proven to me. They are not making allegations.
They are saying the numbers was changed and the Administration is saying, yes,
they changed the number when they put it on a calculator that the bottom line
was different than what was in the original. Now, unless you can produce
something to tell me that you in fact are the low bid, then I have to go along
with the Administration and I have seen nothing to prove to me that you were
the low bidder.
Mr. Pavlick: I guess what we are asking is a point of law as to if our base
bid is the accepted bid, or if indeed it is the total of the 30 items. We are
contending that our base bid was as written and as stated in figures as
total base bid. The fact that we made a mistake in the breakdown, I suppose is
a point of law as to which governs. But, I guess we are asking you for a
point...
104 November 19, 1987
4
Mr. Dawkins: Well, let me ask you a question, sir, for a point of
_ information, not a point of law. In the event that you had been awarded the
_ contract and then you found out that your figures were wrong, and that it was
$300,000 off, would you come back and tell me you are going to do it for
$300,000, or would you show me the figures that you actually made a mistake
and I've got to give you $300 more.
Mr. Pavlick: No, sir, and in fact, we would have been willing at any time to
revise our breakdown. We did send a certified letter on the July 20th to Mr.
Cather, reconfirming that our base bid was indeed the $7,197,000 and that is
what we contend our base bid number is.
=i
Mr. Dawkins: (OFF MIKE) Well, I go along with
Mayor Suarez: We have a motion and a second. Any further discussion from the
Commission? Mr. Manager?
Mrs. Kennedy: Under discussion, let me tell you that...
Mayor Suarez: Madam Vice Mayor.
Mrs. Kennedy: ... from now on, I mean, I don't like the looks of this and I
would like for a sealed bid to stay sealed, not for the department to scratch
numbers and get other numbers without the other party's initials, because it
really doesn't look good.
Mr. Odio: I think we should have it two bids, one to remain sealed, and we
open one.
Mrs. Kennedy: Right.
Mr. Odio: And in case of a question like this, there will always be a sealed
bid, but I want to say on...
Mayor Suarez: Very interesting backup procedure.
Mr. Odio: ... on the record... thank you, Commissioner... on the record, that
they submitted that letter after all bids were opened and after they knew who
was the lowest bidder, and what amounts, so I just wanted to put that on the
record.
Mr. Pavlick: But, that wasn't the reason we submitted it, sir. The reason we
submitted it is that when we pulled the public record, our number was changed.
Mr. Odio: Well, yes, I...
Mr. Pavlick: And that is not our base bid number. That's what we are
contending.
Mr. Odio: I'll agree with you, but I just wanted to put on the record that
the letter was submitted after all bids were opened.
Mr. Pavlick: In response to pulling of the public record and a response to
the number being changed. That's why the letter was written. Also, on the
18th of August, Mr. Cather sent us a letter to ask us if our bid was still
good, at which time we responded with a similar letter, stating that the base
bid was indeed the 47,197,000, and always was, and still remains.
Mayor Suarez: Any further discussion from the Commission? Call the roll on
the motion.
105 November 19, 1987
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-1028
A RESOLUTION ACCEPTING THE BID OF MISENER MARINE
CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF
$7,412,088, BASE BID PLUS ALTERNATES 1 AND 4 OF THE
PROPOSAL, FOR DINNER KEY MARINA REDEVELOPMENT - PIER
—
CONSTRUCTION, WITH MONIES THEREFOR ALLOCATED FROM THE
CAPITAL IMPROVEMENT ORDINANCE NO. 10187, PROJECT NO.
414005 IN THE AMOUNT OF $7,412,088 TO COVER THE
CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM; FURTHER APPROVING
THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT
PROTESTS RECEIVED IN CONNECTION WITH SAID PROJECT.
(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.
i ABSENT:
None.
41. RATIFYING ACTIONS OF CITY MANAGER FOR EMERGENCY REPAIRS TO AIR
CONDITIONING UNIT AT POLICE DEPARTMENT BUILDING IN AMOUNT OF $19,398.00.
Mayor Suarez: Let's do item 60 until the Vice Mayor is ready.
Mr. Odio: Item 60 is ratifying my actions in finding the repair of the air
conditioning unit at the Police Department building.
Mayor Suarez: I'll entertain a motion to ratify that emergency action by the
Manager.
Mr. Dawkins: Second. Move it.
Mr. Plummer: Item 60?
Mayor Suarez: Yes.
Mr. Plummer: Yes.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll. We need
four -fifths.
106 November 19, 1987
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-1029
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/5TH AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION, THE ACTION OF THE CITY MANAGER IN FINDING
THE REPAIR OF THE AIR CONDITIONING UNIT AT THE POLICE
DEPARTMENT TO BE AN EMERGENCY AND IN AUTHORIZING THE
ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR SUCH
SERVICES TO TEMPTROL AIR CONDITIONING, INC. FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A
TOTAL PROPOSED AMOUNT OF $19,398.00; FUNDS THEREFOR
ALLOCATED FROM THE 1987-88 OPERATING BUDGET ACCOUNT
CODE NO. 420401-670.
(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:
Mayor Suarez: Yes, if not, the Manager has to pay it out of his own pocket.
How much was it?
Mr. Odio: $19,968.
Mayor Suarez: Well, you could handle that.
NOTE FOR THE RECORD: AGENDA ITEM 61 WAS DEFERRED TO THE MEETING OF DECEMBER
10, 1987.
42. APPOINT THELBERT JOHNAKIN AND CARLOS ARBOLEYA TO CITY'S CODE ENFORCEMENT
BOARD.
Mayor Suarez: Item 62, City's Code Enforcement Board. I nominate Carl
Arboleya, Jr. who has previously served on that. I don't remember whose
appointment he was. I believe... it doesn't matter.
Mr. Dawkins: I nominate Mr. Jonathan - Jonathan.
Mayor Suarez: OK, with those two nominations, I will entertain a motion.
Mr. Plummer: Move both names be ratified.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
107 November 19. 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1030
A RESOLUTION APPOINTING TWO INDIVIDUALS TO THE CITY'S
CODE ENFORCEMENT BOARD.
(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.
43. APPOINT BRUNO BARREIRO, JR AND T. WILLARD FAIR TO THE HEALTH FACILITIES
AUTHORITY.
Mayor Suarez: Dawkins and Kennedy, item 63.
Mrs. Kennedy: Item 63 is mine. I reappoint Bruno Barreiro, Jr.
Mayor Suarez: Health Facilities Authority. One nomination.
Mr. Dawkins: I reappoint T. Willard Fair.
Mayor Suarez: So moved on both. Do we have a second?
Mr. Plummer: Second.
Mrs. Kennedy: Second.
Mayor Saurez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1031
A RESOLUTION APPOINTING TWO INDIVIDUALS AS MEMBERS OF
THE CITY OF MIAMI, FLORIDA, HEALTH FACILITIES
AUTHORITY.
(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.
108 November 19, 1987
Is 0
44. APPOINT LUISA B. MURAI TO HERITAGE CONSERVATION BOARD.
Mayor Suarez: Item 64.
Mrs. Kennedy: I reappoint Luisa Murai.
Mr. Plummer: Who are the members?
Mr. Dawkins: Whose appointments are they?
Mayor Suarez: Commissioner Dawkins has one appointment too. The incumbent
was Perry Howard. Is that right, Mr. ...?
Mr. Plummer: Who are the other appointments?
Mayor Suarez: And we have two open appointments.
Mr. Odio: Commissioner Kennedy and you have two open.
Mr. Rodriguez: In the past you didn't do these by Commissioners. It was an
open group of members and you all selected together, so the other two are
open.
Mr. Plummer: Who are they to replace?
Mr. Odio: You have to replace Paul George, historian, and Lola Bohn.
Mayor Suarez: I have a nomination, Dr. Silvio Diaz. He is a resident of
Miami, a doctor very interested in historic preservation. You know him, don't
you, Sergio?
Mr. Rodriguez: No, we will invite him to apply. That is what you are saying.
Mayor Suarez: Please do that.
Mr. Plummer: I nominate Raul Rodriguez.
Mayor Suarez: Raul Rodriguez. Do we just take a few nominations and come
back with a recommendation, is that what you want us to do?
Mr. Plummer: Well, that's three. You need one more.
Mr. Rodriguez: We will have to ask them to apply and meet the requirements of
boards.
Mayor Suarez: Then you will bring it back to us? OK.
Mrs. Kennedy: I move these three names.
Mr. Rodriguez: Raul Rodriguez, and what's the other name, Mr. Mayor?
Mayor Suarez: Silvio Diaz. He is...
Mr. Plummer: Silvio Diaz and yours was...
Mrs. Kennedy: Luisa Murai.
Mr. Plummer: Morales?
Mrs. Kennedy: Murai.
Mr. Rodriguez: Luisa Murai has reapplied.
Mayor Suarez: Well, that is a reappointment and that is your nomination.
Mrs. Dougherty: It is not your nomination, we don't have to do that.
Mr. Plummer: What?
109 November 19, 4987
_i
Mrs. Kennedy: Reappointments.
Mrs. Dougherty: That is her nomination, that is a reappointment.
Mayor Suarez: Not to be confused with Morales. We are talking about Murai.
Mr. Plummer: Oh, it is a reappointment. It is a reappointment?
Mrs. Kennedy: It is a reappointment.
Mayor Suarez: Is it Luisa or Luis?
Mr. Rodriguez: Luisa Murai.
Mrs. Kennedy: She is married to Rene Murai. She is an architect.
Mayor Suarez: Luisa Murai. OK, do we take those nominations, now?
Mr. Rodriguez: Right.
Mr. Plummer: Move they be ratified.
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. 87-1032
A RESOLUTION APPOINTING FOUR (4) INDIVIDUALS TO THE
CITY OF MIAMI HERITAGE CONSERVATION BOARD.
(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: Three appointments are still pending.
Mr. Dawkins: How many open?
Mr. Rodriguez: We have one missing, which is yours, Commissioner Dakins.
Mr. Dawkins: Give it to Commissioner De Yurre and he will come up with it at
the next meeting.
110 November 19, 1987
r
45. APPOINT RON THOMPKINS AND THERESA POLLACK TO BOARD OF TRUSTEES OF MIAMI
GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST.
Mr. Plummer: All right, two members of the board of trustees of the
retirement. Who are the recommended names? Or, are these for possibly
reappointment?
Mr. Dawkins: One is a reappointment.
Mayor Suarez: It says Ron Thompkins and Theresa Pollack are both being
recommended by the board?
Mr. Rodriguez: Yes.
Mr. Plummer: So moved.
Mr. Dawkins: Second.
Mayor Suarez: So moved, seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1033
A RESOLUTION APPOINTING TWO MEMBERS TO THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST AS PROVIDED FOR
BY CITY OF MIAMI ORDINANCE NO. 10002, SECTIONS 40-226
AND 40-227 FOR SPECIFIED TERMS OF OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner 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. APPOINT ROSE GORDON TO MIAMI FIREFIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST.
-----------------------------------------------------------------------------
Mayor Suarez: Item 66, one board of trustees of Firefighters and Police
Retirement Trust.
Mr. Dawkins: Who is the person recommended?
Mayor Suarez: I could have sworn they said something about Rose Gordon,
but...
Mr. Odio: That is the name I was given this morning, that Rose Gordon...
Mayor Suarez: Rose Gordon was the person they were recommending, at least
that is what Don Teems said.
Mr. Odio: Yes, I will support that.
111 November 19, 1907
7
Mrs. Kennedy: (OFF MIKE) I will nominate Rose Gordon.
Mr. Plummer: Rose Gordon and who?
Mr. Dawkins: The only one, J.L.
Mr. Plummer: Oh, OK.
Mayor Suarez: So moved, do we have a second?
Mr. OEio: No.
Mr. Plummer: What?
Mr. Odio: And they recommend... there is one open and one recommended you
reappoint. The Board of Trustees recommend the reappointment of Jesse Diner,
but that means there are two seats open.
Mr. Plummer: That's what I thought.
Mr. Odio: But, I was told that Rose Gordon was also interested.
Mayor Suarez: So, is one available?
Mr. Odio: Yes.
Mayor Suarez: And we have to decide from among...
Mr. Odio: Either Jesse or Rose Gordon.
Mayor Suarez: From two people, Jesse Diner or Rose Gordon. Well, we have a
nomination for Rose Gordon here, and a second, unless somebody else wants to
discuss that. I am ready to take a vote on it.
Mr. Plummer: Vote.
Mayor Suarez: So moved and seconded. Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1034
A MOTION APPOINTING MS. ROSE GORDON TO THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND
POLICE OFFICERS' RETIREMENT TRUST (Note: Ms. Gordon
was nominated by Commissioner Kennedy).
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.
112 November 19, 1987
47. SECOND READING ORDINANCE CREATING THE BAYFRONT PARK MANAGEMENT TRUST
Mayor Suarez: Item - Bayfront Park Item.
-ia Mr. Plummer: Forty-nine.
Mayor Suarez: We're ready on Bayfront Park. We're ready to complete Bayfront
Park, right? Alan says, yes. Alan says, yes, also. All the Alans agree.
_ Mrs. Kennedy: Mr. Mayor, we had made some drastic changes as of yesterday and
then we decided to leave the ordinance as it passed first reading with just
very minor changes so it can go on second reading.
Mayor Suarez: God bless you. What, if any issues remain to be discussed?
Mr. Dawkins: I have some issues.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I'd like to say that, number one, I don't know why it's
necessary to try to get more than 4,000 people in the park.
Mrs. Kennedy: More than what?
Mr. Dawkins: And number two - 4,000 people. Another concern I have are the
two facts alone they say mean that the park trust would not have sufficient
funds to operate and maintain the park as required. What are the projected
operational costs of the park? The purpose calls for the trust to operate and
manage Bayfront Park, but I'll get to that back over here. I'm concerned
about on page seven, it says: "The trust shall operate, manage and maintain
all aspects of the City owned property known as Bayfront Park herein referred
to as a park for the purpose of its showing maximum community utilization and
enjoyment. The trust shall endeavor to attract organized activities and
functions to the park consistent with this purpose." Then you go to page
eight, it says: "Upon expiration of each initial term, each successive member
shall be named and they don't want them to be confirmed." I don't know what
that is. Number four, it says: "The trust shall appoint the chairperson and
any other officers." I don't know why the trust...
Mr. Plummer: Subject to City Commission approval.
Mrs. Kennedy: The Commission may veto within...
Mr. Dawkins: I don't know - well why the City Commission? I'm telling you
all my concerns. OK? Then if you all got some of your own, you can add them.
These are my concerns.
Mr. Plummer: All right.
Mayor Suarez: What was the last one? I missed the last one, I'm sorry.
Mr. Dawkins: The last one is, the trust shall appoint the chairperson. I
don't understand why the trust has to appoint the chairperson and the
Commission can't.
Mrs. Kennedy: But the Commission may veto the trust appointment.
Mr. Dawkins: Number five - I have a lot of concerns here that are my
concerns. When I get through with them, you can vote any way you want.
Mrs. Kennedy: OK.
Mr. Dawkins: These are my concerns.
Mr. Plummer: I've got - I've got...
113 November 19, 1987
Mr. Dawkins: Duly appointed members of the trust may be referred to from time
to time as trustees. I don't see them as nothing but board members. I don't
understand why you want to call them trusts? On page nine, they want you to
give them all this and let them do all of these things and then it tells me,
"3. Protection from Personal Liability. The City shall defend, hold harmless
and indemnify members of the trust, its employees and volunteers from all
claims and liabilities arising from any act or action within the scope of
their duties. Nothing in this section shall be construed in any way to affect
the laws relating..." etc. If they want all of this, why do they want me make
them protective? "Powers: the trust shall exercise supervisory control over
and shall have responsibility for the operations and maintenance of all
functions and activities in the park." Now, the powers of the trust and this
is where I have a great problem, "the powers of the trust shall include the
construction, improvement, extension, enlargement, remodeling, repair,
equipping, maintaining and operation of Bayfront Park including events,
whether private or public, limited to advertising, marketing program subject
to refreshments stands and..." etc. Number two, the construction, equipping,
maintenance and operation of recreation center they are going to build a
clubhouse, a gymnasium, related buildings, and the usual convenience
facil.ties undertaken the area, any parking facilities or golf course,
athletic field, or parking areas and etc.
Mayor Suarez: Let me say, if I may, Commissioner, that somebody seems to have
gotten carried away with the summary of the functions there. I mean, we don't
need to put all of that in there. And that sounds like boiler plate from some
law firm maybe.
Mr. Dawkins: And the other thing that gets me is they are allowed to accept
what park they want to manage. We're right back, that's why you got Bayfront
Park now and the other parks don't have a damn thing in the City, is that we
have allowed one park to be developed and the rest of the parks in the City
don't have nothing. So if you're going to let them decide which parks they
want, of course they're going to take the ones that need the least amount of
service and what have you. So, to me, I really don't see - and then number
eight on page eleven, the City Attorney's office shall provide legal services
to the trust as may be necessary and requested by the trust. Well Jesus
Christ, if they're going to make money, let them pay for their own legal fees!
Number nine, for 50 percent of the days - well I just don't see the need of
a - I can see an advisory board but I just don't see a trust having all this.
Those are my concerns.
Mayor Suarez: Well, on that last point, if I may, just to solve that, can we
get a very quick summary of the functions that doesn't include all that other
stuff and all those other possibilities of clubhouses and golf courses and
everything else. I mean that - we don't intend to have any there and
certainly if we ever did, it would not be decided by the trust or the board.
It would be decided by us certainly so...
Mr. Alan Greer: Mr. Mayor, Alan Greer, 224 Ridgewood Road. In response to
what you've just said, I would agree. The purpose of the trust is to provide
a pro -active management for the park that will go out and affirmatively seek
to bring in users.
Mayor Suarez: If you have to use one word, it would be management of the
park.
Mr. Greer: That's correct.
Mayor Suarez: And you used 25 instiad and that creates a problem because...
Mr. Dawkins: You really should have hired you a law firm to write this since
you know what to tell them to put in it. You know, you'd have been better
off.
Mr. Plummer: Who is proposed as the executive director?
Mr. Greer: There is no one currently proposed for that position. There's
been nobody...
Mr. Plummer: Does the City Commission retain the right to approve that
executive director?
114 November 19, 1987
Mr. Greer: Under the ordinance for second reading, based on my recollection,
it does.
Mr. Plummer: Madam City Attorney.
Mrs. Dougherty: Yes, sir.
Mr. Plummer: OK, let me express my two areas of concern. I have, and I'll
just hit them briefly, one is appointing of the members. First of all, I
think 30 members are absolutely ridiculous. You'll never get anything
accomplished and I think this Commission should appoint, and always appoint.
The area that I cannot live with, Alan, is that that board, where we do not
have control, is asking this City to defend it in any lawsuits that might
arise. Now, what we do in other cases here is that an insurance policy is
taken out to indemnify the members. But if we, the City Commission, are not
going to have control, full control over that trust - if it's a trust,
whatever we're going to call it - I don't think it's right that this City
should pick up any liability. It just doesn't make any sense to me. Now, if
we're going to control it, then, of course, we've got assume the liability.
Mr. Greer: Commissioner Plummer, I believe the City does have control.
Mrs. Dougherty: It does.
Mr. Greer: You approve all of the budgets. You have to approve all of the
contracts.
Mr. Plummer: But it's not the action as it's spelled out here.
Mayor Suarez: Let's hear a question, Alan, do we approve on a case by case
basis under this proposal every contract for a concert or an appearance or...
I didn't get that impression from - you meant contracts for, like an ongoing
contract...
Mr. Greer: Ongoing contract. Anything other than a single event.
Mayor Suarez: OK.
Mr. Greer: But, obviously the concern of any individual who is volunteering
their time is that someone will be in the park at an event, slip and fall,
something will happen and those private individuals will suddenly find that
they have their own personal assets on the line defending litigation.
Mr. Plummer: That, of course, is the City's problem. No question.
Mr. Greer: Well, but without the...
Mayor Suarez: That's what the indemnification seeks to take care of.
Mr. Greer: That's without the indemnification, the individuals, in their
managerial capacity could and would be sued.
Mr. Plummer: This speaks, as I understand it, and I'm not a lawyer, this
speaks to any managerial actions they take, they are indemnified from future.
Mrs. Dougherty: No, this is from all liability and claims since so is...
Mr. Greer: Claims.
Mr. Plummer: Including managerial acts.
Mrs. Dougherty: Yes, but I want to bring out...
Mr. Plummer: If they breach a contract and they get sued, that's different to
me than somebody that falls in the park through negligence and is, in fact,
suing. In other words, if an act of an individual member of that trust, the
way this reads to me, whatever that act is, whatever he does, we, the City,
have to defend him. And I think that's wrong.
Mr. Greer: Commissioner, the...
Mr. Plummer: It's not one of our employees.
115 November 19, 1987
0 10
Mr. Greer.: The trust itself, members could not act individually. They would
have to act through their executive director.
Mr. Plummer: The executive director may.
Mr. Greer: Any breach, I can't envision a situation where an individual could
breach a contract on behalf of the park.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Let me clarify one thing while you're doing that, on the
provision for elimination, abolition or whatever it's called, what is it now
in the present posture that you're proposing, Alan? How would it be done?
Mr. Greer: This Commission can vote to amend. To abolish, amend, do anything
they want.
Mayor Suarez: By simple majority.
Mr. Greer: Yes, this is an ordinance.
Mayor Suarez: Which really makes it a lot like an advisory board with
managerial powers as opposed to a trust and that...
Mr. Greer: That's correct. But the real problem...
Mrs. Dougherty: But, Mr. Mayor...
Mayor Suarez: I have no problem with, you know, you want to call them
trustees, that's fine with me.
Mrs. Dougherty: Mr. Mayor, you can do that anyway.
Mayor Suarez: I'm sorry, ma'am?
Mrs. Dougherty: You can do that anyway by rescinding the resolution at any
time.
Mrs. Kennedy: And the reason for the thirty members is that then you have
room to get in your Burger Kings and your Ryders and the big corporations that
can eventually help us to be sponsors on the events that we have at the park.
Mayor Suarez: Yes.
Mr. Greer: The whole purpose is to create a body who will not be passive and
have people come to it to use the park. It will...
Mayor Suarez: Do it have to be thirty members? I hear some concerns from
Commissioner Plummer about the number.
Mr. Greer: Mr. Mayor, it's whatever number this Commission decides on...
Mr. Plummer: Can I...
Mr. Greer: We picked thirty because it allows for bringing in a broad
spectrum of individuals from across the community.
Mayor Suarez: You really want to work with thirty people?
Mr. Greer: I'd sure like to try.
Mrs. Dougherty: They want to change it to thirty.
Mr. Plummer: Well, I'm asking which draft we're working from. The one
provided to me shows 15 members now.
Mrs. Dougherty: That's what was passed at first reading and then it was
proposed to change to thirty members by Vice Mayor Kennedy.
Mrs. Kennedy: That was first reading.
116 November 19, 1981
i
-i
Mrs. Dougherty: That's what she would like to change but you would
specifically have to vote on that.
Mrs. Kennedy: However, if, you know, you want 20, that's fine too. We're
willing to cooperate.
Mayor Suarez: Let's pick a number and le-`.'s get on with it, as Commissioner
Dawkins is pointing out, we've got one meeting in November, one meeting in
December and a heck of a lot of work to do.
Mrs. Kennedy: How about the fifteen members that we passed and then each one
of us appoints an additional member?
Mr. Plummer: That would be twenty-one.
Mrs. Kennedy: No, twenty.
Mayor Suarez: Twenty.
Mr. Plummer: You've got to have an uneven number.
Mrs. Kennedy: OK.
Mr. Plummer: All right, well here, do it this way, make it fifteen members
that will be approved by this Commission, five which we will name and the
chairperson which we collectively will name.
Mr. Greer: That's twenty-one.
Mr. Plummer: That's twenty-one. Hey, and Alan, if it proves that I think
that, you know, that later on you need ten more, I don't think this
® Commission if you come and demonstrate the need, I don't think we would be
opposed to it.
Mr. Greer: Mr. Commissioner, I think there's going to be an ongoing
evolutionary process as this organization and the operation of the park
evolves and there'll be changes made from time to time and I agree with you.
Mr. Plummer: I have to tell you that on Section III, the initial term
successors will be named and appointed by the remaining members, that's out.
I'm still hung up and let me read you the terminology that's here. On Section
III, page three: "Protection from Personal Liability. The City shall defend,
hold harmless and indemnify members of the trust, its employees and volunteers
from all claims and liabilities arising from any act or action within the
scope of their duties." This does not speak to anything about negligence of
somebody tripping, anybody getting hurt. It speaks to the trust members and
their employees and volunteers, taking whatever action they want and asking us
if they get sued, to pick up the tab. I think that's wrong.
Mayor Suarez: Well, first of all, I think it should only apply to the members
of the trust. I don't see why it should apply to their volunteers, whatever
that means.
Mrs. Dougherty: Mr. Mayor and Commissioners, I'm not...
Mr. Plummer: Well, Mr. Mayor, I would bring to your attention that the - that
even the Pension Board in the City of Miami doesn't have that kind of
protection.
Mayor Suarez: Right, that's why I'm agreeing with you. It should only apply
to the trustees, not their volunteers, whatever that means.
Mr. Plummer: No, I'm saying the trustees of the Pension Fund...
A Mayor Suarez: Right.
Mr. Plummer: ... they do not have hold harmless from the City. They have an
insurance policy...
INAUDIBLE COMMENTS.
Mrs. Dougherty: Mr. Mayor and Commissioners...
117 November 19, 1987
Mr. Plummer: That would be the proper way to do it.
Mrs. Dougherty: The City would be liable anyway...
Mayor Suarez: Right.
Mrs. Dougherty: ... this is our board. This is our advisory body so we
are....
Mayor Suarez: OK, we're saying the same thing then, that we would purchase an
insurance policy for their service in the capacity that ve're approving.
Mrs. Dougherty: We always can. We can always purchase an insurance policy
for them or we can...
Mayor Suarez: Right, but not other people.
Mrs. Dougherty: No, but we, in fact, are liable for their actions as they're
our advisory body.
Mayor Suarez: We understand. Understand.
Mr. Plummer: All right, now, are we eliminating, under Section IV, basically
are we eliminating Section IV, Mr. Mayor, that was your concern? Section IV
=
talks to clubhouses and all of that to erect, acquire, own or repair...
Mrs. Dougherty: This is only under City Commission approval.
Mr. Plummer: ... this trust will own nothing, is that correct?
Mr. Greer: That's correct.
®
Mr. Plummer: So, I assume then, Section IV is going to be struck.
s�
Mrs. Dougherty: Commissioner Plummer, this is only the powers that they have
v
after you approve them. It says specifically: "The following powers are to
be exercised by the trust specifically, subject to the specific approval, by
the City Commission."
Mr. Plummer: Madam City Attorney...
Mrs. Dougherty: Yes, sir.
Mr. Plummer: ... I don't think that belongs in here at all.
Mr3. Dougherty: All right.
Mr. Plummer: If they want it, they can approach this Commission and ask that
_
_y
it be done and we'll decide yes or no.
-s
Mr. Greer: With due respect, Commissioner Plummer, without some delineation
of the function, the powers that the trust is to exercise...
Mr. Plummer: You've stated for the record what is the...
Mayor Suarez: Can you give us a shorter version than that one that isn't so
all inclusive there, Alan?
Mr. Greer: Well, the short version would be to direct and to do all things
_
necessary to direct and manage Bayfront Park.
Mayor Suarez: Right.
Mr. Plummer: Subject to the approval of the City Commission.
Mr. Greer: Approval of the City Commission.
Mayor Suarez: That's fine. I know lawyers like to...
Mr. Dawkins: But see, I still have a problem. If it's not needed, why have
it in here? You see...
Ile November 19, 1987
Mr. Plummer: That's what I was thinking.
Mr. Dawkins: ... construct, improve, enlarge, remodel...
Mayor Suarez: No, we're taking all of that out.
Mr. Dawkins: Sure, take it out.
Mr. Plummer: Well, I say, take out Section IV.
Mayor Suarez: All that's being taken out.
Mr. Dawkins: Take out Section IV.
Mayor Suarez: All that's being taken out.
Mr. Dawkins: OK, that's good then that's no problem then.
Mr. Greer: A simple statement is, do all things necessary to direct and
manage Bayfront Park in its place.
Mayor Suarez: Got it.
Mr. Dawkins: That's all, um hum, um hum, that's all.
Mayor Suarez: Have you got the wording on that, Madam City Attorney?
Mrs. Dougherty: Manage and operate.
Mayor Suarez: We're drafting as we go here.
Mr. Greer: Ms. Dougherty has suggested just addition of the word, operate,
after manage and I think that would be a proper addition to my short version.
Mayor Suarez: I have the all important question here that hasn't been asked.
I am sure everybody's thinking of how this would work, but I ought to ask it.
Do you envision that someone has to be hired other than existing City parks
employees to do anything in relation to the management of this park?
Mrs. Kennedy: Oh, sure.
Mr. Greer: I think you've got to...
Mayor Suarez: And if so, please explain to me why we can't use our existing
employees.
Mr. Greer: Mr. Mayor, I think you would have to employ an executive director
for the park. It is a very pro active operation. The City Parks Department
currently is in essence overwhelmed with the problems of running passive
parks. We've got to go out and bring in concert groups, other people who want
to use the park on a paying basis, organize it and keep it going and that's
not something that a group of volunteers or the...
Mayor Suarez: Let me put the Manager on the spot. We can't serve that
function with someone on staff already, Mr. Manager?
Mr. Odio: You mean to sell the amphitheater? To promote the amphitheater?
Mayor Suarez: Yes, to book the amphitheater and to otherwise operate the
park.
Mrs. kannedy: Let me just ask or answer something...
Mayor Suarez: Madam Vice Mayor.
Mrs. Kennedy: ... Mr. Mayor, I have in my desk a stack of requests of people
who want to use the amphitheater. We don't have the staff.. We've tried to do
it through FMT, we've tried to do it through...
Mayor Suarez: What's FMT?
119 November 19, 1907
Mrs. Kennedy: ... and this is only - the body that manages the Hyatt, that
books the Hyatt - and just for the opening on February the 12th...
Mayor Suarez: We have a - I'm sorry, we have a consulting contract with
somebody to manage the Hyatt?
Mr. Odio: The Knight Center, yes. The whole facility.
Mr. Plummer (Off mike): Well wait a minute. What about the guy we got
Kreske?
Mr. Odio: Not a consultant, no.
Mr. Plummer: That's what his job is.
Mr. Odio: No, to answer his question, Facility Management Group manages the
Knight Center.
Mr. Plummer: Yes, but there's a reason for that, Mr. Mayor.
Mr. Odio: But that's a reason for that, that was part of the trust.
Mr. Plummer: That was a built in deal by the university.
Mayor Suarez: Oh, that was built into the bond .1ssue and the whole bit.
We're stuck with that one.
Mr. Odio: Yes.
Mr. Plummer: Exactly. Yes, sir.
Mrs. Kennedy: Right, but what we're saying is that you do need somebody...
Mr. Odio: Now, we do have - I'm sorry.
Mrs. Kennedy: ... to book the events.
Mr. Plummer: I think that the same question that the Mayor has asked, Mr.
Kreske is a man who is drawing $60,000 a year to do promotions for City
facilities, now... and he...
Mr. Odio: If you're asking me, Commissioner, yes, we can promote the
facility.
Mr. Plummer: He's not overworked.
Mr. Odio: The answer is, we can promote the facility. We have enough people
in the conference and convention center, we do have people in the enterprise
fund that are experts in promoting concerts.
Mr. Plummer: Fine.
Mr. Odio: Now, I still said we, in order to the 4,000 seat question...
Mr. Plummer: Well, that's something we can't do anything about.
Mr. Odio: Under restriction, we could if we could have a management company
that manages the arena to do it then the...
Mr. Plummer: Well, but that's going to have to be between the trust...
Mrs. Kennedy: Yes, we have to...
Mayor Suarez: Alan Weisberg, would you come up to the mike.
Mr. Plummer: That's going to be between the trust and Decoma.
Mr. Odio: Yes.
Mrs. Kennedy: Yes, that has to be negotiated at another time.
Mr. Odio: And that has to be negotiated.
120 November 19, 1987
Mr. Plummer: Yes.
Mr. Greer: That's down the road, but...
Mr. Odio: In the meantime, yes, we are ready to promote the amphitheater. In
fact, in talking to Commissioner Kennedy, we should start promoting now
because you have to start selling a year and a half to two years in advance...
Mr. Plummer: Oh easily.
Mr. Odio: ... and if, we're ready.
Mayor Suarez: Let me ask my appointment to the board, the advisory board,
Alan Weisberg.
Mr. Alan Weisberg: Yes, Alan Weisberg, 5978...
Mayor Suarez: Weisberg, I'm going to put you on the spot.
Mr. Weisberg: And I'll be candid.
Mayor Suarez: OK. Do we need an executive director or someone that we cannot
handle in-house to do this function?
Mr. Weisberg: Yes.
Mayor Suarez: Why?
Mr. Dawkins: Because he said so, as a member of the board, that's why.
Mayor Suarez: Yes, but I want him to explain.
Mr. Weisberg: No, I think the reason is ,is that we have a park that the City
has invested several millions of dollars, if not more. There's a total of
$30,000 that's been spent on the park...
Mr. Plummer: $30,000,000.
Mr. Weisberg: $30,000,000.
Mayor Suarez: My opponent said 37 at one point, I don't know what he'd do
with the other seven.
Mrs. Kennedy: He lied.
Mr. Weisberg: We have...
Mayor Suarez: No, he didn't lie, he just made a lot of mistakes.
Mr. Weisberg: We're on the verge of having what I think is going to be an
absolute world -class park. We've made a tremendous investment in that area
and we want to keep it the best we possibly can. I think it's something that
we can all eventually be very, very proud of. I don't mean to be critical but
we see the problems with the rest of the City parks and I think we have to
keep Bayfront Park somewhat independent because others...
Mr. Plummer: Ohhhhhhh.
_ Mr. Dawkins: You're right, I agree with you. You're dead right! You're
right! You are dead right, that's just why the City parks look like hell
because you all don't care nothing but about the one downtown. You're
right...
Mr. Plummer: Oh, he said the wrong...
Mrs. Kennedy: Well, why can't we have...
Mr. Dawkins: Put it back in the records again! That's right! OK?
Mrs. Kennedy: Yes, why can't - Commissioner Dawkins, eventually, maybe in the
near future we can see groups of people committed like those managing Bayfront
— Park to manage the rest of the City parks!
121 November 19, 1967
Mr. Dawkins: Why do you have to wait till in the... why not do it in - OK,
all right, let me ask you a question.
Mr. Plummer: The minute he said that I knew. Oh, God!
Mr. Dawkins: Why not do the inner city parks and let this one wait till next
time?
UNIDENTIFIED SPEAKER (Off mike): Right!
(Applause)
Mr. Dawkins: You know, I mean, I've been saying that ever since I've been
here and all -you're going to tell me is you're going to do this park and every
citizen out there is going to be asked to pass a bond issue to come back and
do the City parks with and then when we pass it down, when we don't vote it
up, the City parks will still look like hell and you're going to have a
beautiful park downtown that you manage just for events and what have you, OK?
Mr. Plummer (Off mike): Well, let's get these other areas cleared up.
Mrs. Kennedy (Off mike): Do you still have any more concerns?
Mr. Plummer (Off mike): Just the - the members has been taken care of. The
only one I have is that personal liability.
Mr. Greer: Commissioner Dawkins...
Mr. Dawkins: Yes, sir.
Mr. Greer: ... the park is one intended for all the citizens and we're going
to be going out to all the areas of the community trying to bring them
actively into the park.
Mr. Dawkins: If the park was for everybody, you wouldn't need anybody to
manage it, sir.
Mr. Plummer (Off mike): Take out an insurance policy or whatever but...
Mrs. Kennedy (Off mike): And how many members?
Mr. Plummer (Off mike): Twenty-one, right?
Mrs. Kennedy (Off mike): Yes....
Mr. Greer: Commissioner...
Mr. Dawkins: It would be wide open for everybody.
Mr. Greer: It is wide open but the thing we're trying to do is to help reduce
the load on the City so that it can focus better...
Mr. Dawkins: How could you reduce the load when you're asking me for money to
operate it and then you're going to sell things in it and take that money to
operate it and you're helping me reduce the load in the City? No way, sir!
Mr. Plummer: Alan, let me tell you what else I want built into this thing.
I'm going to ask that the City Commission reserve 30 free days unto itself.
That the City Commission will have 30-days of unquestionable use of that park
after we give you 30 days notice in advance.
Mr. Greer: Commissioner, there's already built in that one-half of all the
dates are for the community and I would assume that that...
Mr. Plummer: No, no, the City Commission.
Mr. Greer: ... means the City Commission as well.
Mr. Plummer: OK, well let's delineate all right, that this City Commission
will have the right to designate use of that park for 30-days out of the year.
122 November 19, 1907
Mrs. Dougherty (Off mike): We have 25-days ----- now.
_ Mr. Plummer: Twenty-five?
Mrs. Dougherty (Off mike): --------time, you specify the dates.
Mr. Plummer: All right...
Mayor Suarez: In effect we're saying as to the definition of community
activities, we reserve the right on 30 of those to come up with our own.
Mr. Dawkins: Yes, but 50 percent of 365 days is not 25.
Mr. Greer: That's correct.
Mr. Dawkins: All right, now simple mathematics, simple arithmetic is 365 days
in the year. So when you tell me in here that 50 percent of the days of each
fiscal year, Bayfront Park shall be reserved for community use, 50 percent of
365 days is not 23 days.
Mr. Greer: Commissioner, I'm sure Commissioner Plummer agrees with you. I
think the issue is out of the half that's reserved for the community,
Commissioner Plummer, as I understand him, is saying that 30 of those days
will be solely for the City of Miami to designate which events will go in.
Commissioner...
Mr. Plummer: Exactly. That's correct. Whereas, if someone comes before
these microphones and asks to use that park for X number of days if we
agree.. .
Mayor Suarez: As specifically approved by the Commission, 30 days, plus...
Mr. Plummer: ... all we have to do is give you 30--days of notice, they don't
have to appear before your board or get approval as long as it is not in
conflict with an already booked date and 30-days in advance notice. That's
what I'm saying.
Mr. Dawkins: And 157 days is reserved for the community?
Mayor Suarez: Right.
Mr. Plummer: That's correct.
Mayor Suarez: Altogether, 183.
Mr. Dawkins: Is that correct?
Mr. Greer: That's correct.
Mr. Dawkins: All right and then somebody might put that in the paper and make
it a notice and let them know where to come and sign up for these community
days...
Mr. Greer: Commissioner, we're not...
Mr. Dawkins: ... because as J.L. has said, you need a notice and the public
needs to know that it's available and don't come on a date that you got
something booked.
Mayor Suarez: Let me, let me...
Mr. Greer: Commissioner, we're not only going to do that, we're going to
actively go out and seek to recruit the community organizations to come into
the park.
Mr. Dawkins: No, no, no, I would prefer you let us come to you because you
see, you're not going in my neighborhood and actively recruit, see, because if
you do, you won't have no hub caps or no nothing. I know that, see, so let us
come to you. OK?
Mayor Suarez: Alan, let me make one last statement and maybe can...
123 November 19, 1987
Mr. Dawkins: You don't need to... I want you to have no excuses for not
coming out there.
Mayor Suarez: Right.
(Applause)
Mayor Suarez: They can resolve all of this... they're going to steal your hub
caps too, Jose, if you keep that up.
Mr. Dawkins: They stole your car and gun and you wasn't in my neighborhood,
ain't no problem.
Mayor Suarez: Yes, but we got them. Madam Commissioner, let me say the
following. I'm going to vote for this in the posture you have presented it...
Mr. Plummer: No, they're going to have to take out a policy.
Mayor Suarez: ... without getting into the issue of how much you're going to
pay this person that's supposed to do all of this. But let me tell you this,
I sure hope that you're not talking about paying someone more than a very,
very minimal salary and we're not going to go on any national searches and
we're not going to go to find some hot shot booking, you know what I'm talking
about, the tourism bureau type guy and you're not going to be paying the kinds
of figures that are going to embarrass this Commission. I'm really thinking
of a ministerial function, someone that takes in the requests and... not a
promoter, and if you do anything other than that, you're going to find me and,
= I think, a couple of the other ones on this Commission going back and saying,
we're going to take away those powers.
Mr. Greer: Commissioner, it's subject to your approval period. Salary,
o everything.
Mayor Suarez: All right and don't bring us some $75,000 hot shot. Just get
somebody that will take care of those requests in a fair way and in an
efficient way and I'm going to defer to my appointee as Commissioner Dawkins,
and, of course, the Vice Mayor who has been working awfully hard on this, on
the recommendation that we need an active person, that we can't do it in-
house. But please don't embarrass us with - I don't want to tell you a figure
because you should have some flexibility, but...
Mrs. Kennedy: All right.
Mr. Greer: Commissioner, I think we all hear exactly what you're saying.
There's no reason we cannot find the individual we're talking about within the
community and pay...
Mayor Suarez: If you call me Commissioner, I'm really going to be against...
Mr. Greer: Mr. Mayor, I'm sorry.
Mrs. Kennedy: All right, Mr. Mayor, then I'm ready to move this item with the
changes...
Mr. Plummer: Wait, whoa, whoa, whoa. Question.
Mrs. Kennedy: Yes.
Mr. Plummer: Let me give you an example and you tell me how this would apply.
The Latin Orange, the Big Orange is going in there on New Year's Eve, OK?
Mrs. Kennedy: Latin Fiesta.
Mr. Plummer: Latin Fiesta by the Bay. They will be selling food, they will
be selling souvenirs. If this trust was in effect, would they have to pay
you? I'm asking the question because, you know...
Mr. Greer: Mr. Commissioner, I cannot answer that question at the moment in
the sense that if they have some ability to defray some of the cost, I'm
certain we would look at that. They are certainly different than a for profit
promoter who brings in X, Y. Z rock group to have a concert and pays a major
rental fee to obtain use of the amphitheater. But they would be...
124 November 19, 1987
Mr. Plummer: Well, I guess what I'm saying is... all right, let me go further
on the hypothetical case, all right? If this Commission designates one of its
30 days to this organization...
Mr. Greer: That's a free day to that organization.
Mr. Plummer: OK, totally free.
Mrs. Kennedy: It would be one of those.
Mr. Greer: Absolutely.
Mr. Plummer: You will not collect anything from their concessions or any
revenues whatsoever.
Mr. Greer: That's the election of this Commission to use one of the days that
it has reserved to itself.
Mr. Plummer: Then I have no problem. OK, but you... in other words, let's
understand, on any one of those 30 days, you expect no compensation or revenue
to accrue to this trust.
Mr. Greer: No, sir.
Mr. Plummer: OK.
Mrs. Kennedy: OK, so I move it with the 21 members, the officers and
directors liability insurance and the 30-days for the City to use.
Mayor Suarez: And limitation of the functions as previously hammered out
here.
Mr. De Yurre: Mr. Mayor.
Mrs. Kennedy: Right.
Mr. Plummer: Well, Section IV is eliminated. Correct?
Mr. De Yurre: Mr. Mayor.
Mrs. Kennedy: And the elimination of Section IV.
Mayor Suarez: Right and we have a new substitute wording. Commissioner De
Yurre.
Mr. De Yurre: Yes, I have a question on this executive director promoter type
thing, we are talking about one individual doing both things, is that what
we're talking about?
Mayor Suarez: I hope so.
Mr. Greer: We're talking about one individual to be the coordinating
managerial function to handle all of that.
Mr. De Yurre: We spoke about this on Tuesday when we met and I have a concern
about and J.L. just made a point about having a promoter that gets paid
460,000 a year and he's got a lot of free time. You know, I mean like there's
no incentive to...
Mr. Greer: This individual would be a full time employee who would be working
purely for the park, not for private gain in any sense of the word.
Mr. De Yurre: Well, as far as bookings for the park, how is that going to
happen? If he gets paid the same amount whether he books or he doesn't book
or he books enough or not enough, there is no incentive there on his part to
make the most out of the park.
Mr. Greer: Commissioner De Yurre, the incentive will come from the trust
itself which will be standing on this individual's head trying to maximize the
return to the park to cover its expenses so that when we come before this body
with its budget, we don't get our heads handed to us because we haven't done
what we were supposed to do.
125
November 19, 1987
W V
Mr. Plummer: And also keep in mind under this agreement, that person and what
they are going to be paid is subject to this Commission's approval.
Mrs. Kennedy: To this Commission's approval, correct and...
Mr. Plummer: In other words, they can't hire an executive director until they
come to us for approval and at that time, we'll ask how much you're going to
pay and what is it they are expected to do.
Mrs. Kennedy: Right. So moved.
Mr. Plummer: Let me make one other clarification so there is no
misunderstanding later.
Mrs. Kennedy: OK.
Mr. Plummer: Bayfront Park stops at 5th Street.
Mr. Greer: That's correct.
Mr. Plummer: This, in no way, interferes north of 5th Street with the Grand
' Prix.
Mr. Greer: This is not FEC or the Bicentennial Park is not included.
Mrs. Kennedy: No.
Mr. Plummer: All right, sir.
Mrs. Dougherty: May I make a clarification?
Mr. Dawkins. One other clarification. The City Attorney'.s office will
provide legal services to the trust, is that correct? They will not have any
outside counsel, is that correct?
Mr. Greer: That's correct.
Mr. Dawkins: All right, now, I'm going to commend Commissioner Kennedy for
spearheading this...
Mr. Plummer (Off mike): And then he's going to chop your head.
Mr. Dawkins: I'll be voting against it and I've said from day one that I
don't see how we could spend $80,000,000 in one park...
Mrs. Kennedy: Eighty?
Mr. Dawkins: ... and the rest of the parks in the City of Miami be in the
shape that they're in.
Mr. Plummer: Actually two ten, with Bayside.
Mr. Dawkins: And then have people come and say that if we're going to bring
those parks up to where the citizens can use them, they have to pass a bond
issue with which to do it so the inner city, not the inner city, all of the
other City of Miami parks, are in dire need, they are not serviceable, they're
not meeting the services of the people who need them and yet we take one park
and make it a show place and the rest of the parks need help so I'll be voting
no.
Mr. Plummer: OK, I want one other provision which it should be but I want to
write it in so there's no question. I want monthly reports, status reports,
given to this Commission.
Mrs. Dougherty: We have quarterly now.
Mr. Plummer: I want them monthly. I want monthly reports; I don't think it
speaks to the status reports of quarterly, their meetings are quarterly.
Mr. Greer: There is no requirement for a written report as such in the
ordinance as it now stands, Commissioner Plummer.
126 November 19, 1987
Mr. Plummer: I want in there, in the ordinance that they will supply to this
Commission, monthly status reports. Then we can keep an eye on it.
Mr. Greer: Commissioner, could I ask that that requirement not be in place
until such time as there is an executive director in place.
Mr. Dawkins: No.
Mr. Plummer% That's fine. That's fine, that's fair. You don't want to write
the reports, in other words.
Mr. Greer: No, sir.
Mr. Plummer: I don't blame you.
Mrs. Dougherty: May I have a clarification?
selected by the City Commission.
Mr. Plummer: Correct.
Mrs. Dougherty: At all times...
Mr. Plummer% Yes.
The chairperson is to be
Mrs. Dougherty: ... so future chairpersons as well.
Mr. Plummer: Yes.
Mrs. Dougherty: The other officers and directors right now, you have a veto
power if you don't approve within 30-days...
Mr. Pl-ummer: That's on the fifteen.
Mrs. Dougherty: No, I'm talking about all the other officers of the -
secretary, etc., do you want to continue having that veto power?
Mr. Plummer: They will be approved by this Commission.
Mrs. Dougherty: All right.
Mr. Plummer: Not veto, they will be approved by them.
Mrs. Dougherty: And, likewise, with the executive director will have to be
approved and not vetoed.
Mr. Plummer: By this Commission, correct.
Mrs. Dougherty: All right.
Mr. Plummer: Also, for clarification, fifteen members as it stands, they will
supply us with names. We will have veto power over those fifteen names. The
five that will be appointed by this Commission...
Mr. Greer: Plus the chairman.
Mr. Plummer: Five...
Mr. Greer: Chairperson.
Mr. Plummer: ... by each member of this Commission, they will not have veto
power over nor will they have veto power over collectively who the chairman is
named by this Commission.
Mrs. Dougherty: Right now it has, they will submit the 30 names to you. You
will select among the 30, the first fifteen.
Mrs. Kennedy: Right.
Mrs. Dougherty: And then, in addition to that, you'll have five others that
you...
127
November 19, 1987
Mr. Plummer: No, what I don't like there is, if there's none of the 30 that
we want to accept, the way that's written, we've got to accept fifteen out of
those 30. They supply to us fifteen names...
Mrs. Dougherty: Right.
Mr. Plummer: If we don't like them, we veto all fifteen and they supply
another fifteen...
Mrs. Dougherty: OK.
Mr. Plummer: Big difference.
Mrs. Dougherty: OK.
Mrs. Kennedy: Madam City Attorney, do we have to do this at the next
Commission meeting or can Alan visit with each... Madam City Attorney.
Mrs. Dougherty: Excuse me, I'm sorry.
Mrs. Kennedy: Do we have to do this at the next Commission meeting or could
Alan visit everybody individually and get the list started? Or do we have to
come...
Mr. Plummer: You mean the appointments?
Mrs. Kennedy: Yes, the...
Mrs. Dougherty: Oh, yes, the appointments.
Mrs. Kennedy: We can do them tomorrow or the following day.
Mr. Plummer: You can ratify it at the next meeting.
Mrs. Kennedy: OK. All right, so for the third time, I move it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll.
Mr. Plummer: Put it on the record.
Mrs. Kennedy: Call the roll, please.
Mr. Plummer: Put it on the record.
Mr. Odio: I just had a question. The City administration has no
responsibility on Bayfront Park after this is passed so that if something goes
wrong, the City's always to blame.
Mr. Plummer: The only responsibility you have is to pick up the deficit that
they don't make.
Mrs. Kennedy: Right.
Mr. Odio: All right. I just wanted to make sure because if something...
Mr. Plummer: Just a simple little matter.
Mr. Odio: You know it, Commissioner, because if the lawn is not mowed or if
the park doesn't look up shape, the City's always wrong. And we just want to
make sure that people understand that the trust is responsible for the way
that park is going to look and operate.
Mrs. Kennedy: Correct. Has the responsibility.
Mr. Plummer: But you will buy Alan a lawnmower to go out and make. sure that
it's done.
Mr. Greer: I'm sure the City Manager and the trust will be able to work out
those details.
128
1
November 19, 1987
e W
Mr. Plummer: Could you give us a very quick breakdown as to the proposed
opening of the amphitheater, the light tower and the fountain?
Mr. Greer: The amphitheater is proposed to open somewhere about the end of
February at the current construction reports.
Mr. Plummer: That's of 188.
Mr. Greer: Of 188. Thereafter, I cannot give you an exact date on the light
tower. It's estimated that the entire park will be completed by the end of
February, 189.
Mrs. Kennedy: But the light tower should be completed, hopefully, by the end
of January or maybe even sooner.
Mr. Plummer: Of 189?
Mr. Greer: Commissioner, I think that's the schedule, I think they're...
Mrs. Kennedy: No, no, not of 189, of '88.
Mr. Plummer: Of 188?
Mr. Greer: Of 188.
Mrs. Kennedy: It will be working by the time that the amphitheater opens
which will be February the 12th.
Mr. Greer: I think there may be some question about the supplier of the...
Mr. Plummer: You're opening when?
Mrs. Kennedy: February the 12th.
Mr. Plummer: Whoa, whoa, whoa, whoa. Madam - excuse me...
Mrs. Kennedy: Now what?
Mr. Plummer: No, no, no, this has nothing to do with the trust. What, isn't
February the 12th Valentine weekend?
Mr. Greer: Fourteen.
Mrs. Kennedy: We're going to have a three day opening the 12th, the 13th and
the 14th - the 12th...
Mr. Plummer: Excuse me, you're going head on with the Art Festival in Coconut
Grove? That's not...
Mrs. Kennedy: The Art Festival is at night.
Mr. Plummer: No, it's all day long.
Mrs. Kennedy: It ends at night, ends at night.
Mr. Plummer: It ends at 8:00 o'clock at night.
Mrs. Kennedy: Right.
Mr. Plummer: But that doesn't make sense to me. Why would you go in
competition with them?
Mr. Dawkins: Because she wants to, what's wrong with that?
Mrs. Kennedy: We have met with them and it's the only dates that both groups
could do it.
Mr. Plummer; Huh? I'm sorry.,.
UNIDENTIFIED SPEAKER (Off mike): The laser show is at night.
Mr. Greer: The laser show is at night.
ME
129 November 19, 1907
Mr. Plummer: Yes, I'm not talking about the laser show. If you go to the
Coconut Grove Art Festival all day long, you're not going to want to go to the
park at night. I hate to see things going head to head in this town. And
then we have two, three, and four dead weekends. That's crazy.
Mrs. Kennedy: Well, the following...
Mr. Plummer: Now the Art Festival traditionally has been over the past years
on Valentine weekend and attracts a million people. Would you go head to head
with Calle Ocho? No.
Mrs. Kennedy: The problems for the following weekend we have the Runners
International which is a whole...
Mr. Plummer: How many out of town people will Runners International draw?
Ten? Coconut Grove Art Festival is a million and a half people.
Mr. Greer: Commissioner, I'm sure all these things can be worked...
Mr. Plummer: No, no, no, no, we're going to work them out right now. No, no,
no, no, no; no tickee, no laundry. No, no, no, no, no; let's get that settled
right now. I mean, it doesn't make sense to me. Maybe I'm wrong, did the
— rest of you all have any...
Mr. De Yurre: Make's sense.
Mr. Dawkins: When you're wrong we'll tell you, go ahead.
Mr. Plummer: Remember, I've got four years.
Mrs. Kennedy: Who said it was going to be easy?
Mr. Plummer: Isn't there some way... Alan, there's got to be some other date
that you can choose and not go in with a million and a half people in
competition. That's destroying ourselves.
Mrs. Kennedy: Well, if Pete Long can tell us that it's going to be ready by
the previous weekend, we could do it. But, we're afraid.
Mr. Plummer: Huh? What do you say no?
Mr. Greer: Commissioner, I'm concerned it may not be ready by February the
12th.
Mr. Plummer: What about a weekend after that? Do it in between that and the
Grand Prix. Stretch it out, I mean give everybody a chance to fill up hotel
rooms and restaurants and taxi cabs.
Mayor Suarez: What are you talking about doing February 20th?
Mr. Plummer% Huh?
Mayor Suarez: What are you talking about February 20th, the inauguration?
Mr. Plummer: That's fine.
Mayor Suarez (Off mike): And what's the big thing that's going to happen when
the amphitheater is inaugurated that's going to conflict with anything else?
Mrs. Kennedy (Off mike): Well, we're going to have a three day celebration,
we're thinking of big name stars.
Mr. Plummer: Can't you do it the following weekend?
Mrs. Kennedy: I can't answer you that, see the...
Mr. Plummer: Well, why can't you do it the following weekend?
Mayor Suarez: You really think that a 3-day celebration of the inauguration
of the amphitheater is going to conflict with the Coconut Grove Arts Festival?
130 November 0, 1957
Mr. Plummer: Yes, sir.
Mayor Suarez: In what terms? In terms of competition or in terms of just
sheer masses of people coming to Miami?
Mr. Plummer: No, it's like the weekend, you remember here we got into the
thing with the Grand Prix, the Doral, the Breeders' Stakes. It was crazy. It
was crazy, I mean, you know, we've got to come to a point where we don't have
void weekends and have one weekend where everybody can't attend.
Mayor Suarez: Commissioner, respectfully, there's nothing been happening in
this park for I don't know how many years. If it should be such a conflict,
that would be the best thing that could happen in this community. I, frankly,
doubt that you're going to even be ready February 20th and doubt,
additionally, that you're going to have that much interest to have this
spectacular celebration there. If you do, I think all the more credit to you.
Mr. Greer: I...
Mr. Plummer: Where's the money coming for a 3-day opening?
Mrs. Kennedy: That's something we have to discuss later.
Mayor Suarez% This is all self funded presumably. Right?
Mr. Plummer: All what?
Mrs. Kennedy: No, no, that's another - please that's another subject and I'll
tell you about it later.
Mr. P1$mer: That's what I'm scared of.
Mr. Greer: Commissioner, it won't bankrupt you individually.
Mr. Plummer: You bet your bippie it won't.
Mrs. Kennedy: We thought of starting the Friday night with the local groups
and for the first time, the opera, the ballet and the symphony have agreed to
play together at Bayfront Park. They were right now negotiating some big
names for the Saturday. We are in conversations with Aretha Franklin, Julio
Iglesias, and a big bunch of other people and it's going to be very exciting.
Mayor Suarez: The earlier you can do that the better, as far as I'm
concerned.
Mr. Dawkins: Point of information since you started talking, where is the
money going to come from to operate this park until it starts to make money?
Mr. Greer: Commissioner, I assume the City of Miami will have to cover the
initial operating costs until...
Mr. Dawkins: So now, my City parks will be less more money because we're
going to pay money to this park to operate. You know - boy, you all sure...
Mrs. Kennedy: Until February, until we open it.
Mr. Dawkins: How much money do you guys think you're going to get from the
City to operate till you become self sufficient?
Mayor Suarez: Commissioner, let's ask to come back and be approved by the
Commission before...
Mr. Dawkins: No, no, no, no. OK, that's fine...
Mayor Suarez: Yes, I mean...
Mr. Dawkins: I may be sick. I may not be here. I want to know now.
Mayor Suarez: We don't know now.
Mr. Dawkins: Well, how could he...
131 November 19, 1987
Mayor Suarez: He's dreaming here...
Mrs. Kennedy: You don't know yet.
Mayor Suarez: I mean, it's all beautiful dreams and all of that.
Mr. Dawkins: Well, I'll tell you what, you see - well then, if he doesn't
know, why are we discussing this? Why don't you continue this until he comes
back with all the answers that all we need?
Mayor Suarez: Because that item will have to be discussed by this Commission
anyhow.
Mrs. Kennedy: Because we have to have the trust in place.
Mr. Greer% Also Commissioner...
Mr. Dawkins: But you see when you sit here and let him leave here thinking
that you're in agreement with everything he says, when he comes back with
the -------, how are you going to tell him no when he comes back and asks for
the money?
Mayor Suarez: If you want another indication from another member of this
Commission that I would not expect you to be coming up with requests for large
_ amounts of money to have this great inauguration, I'm thinking of a self
supporting thing. You have tickets that you're going to collect up to 45
hundred... well, initially, unlimited and then up to 45 hundred after the
arena opens and I hope you're planning to operate on that basis from day one,
frankly.
Mr. Greer: We certainly intend to do the best but you have the built in
limitations because of the RousE option and the Decoma limitation on the
amphitheater. But in terms of operation...
Mayor Suarez: Not day one if you are able to get this going on February 20th,
I mean, at the beginning you won't have that limitation.
Mr. Plummer: The 20th, I... you're going to lose my vote if you go on
Valentine's Day, OK?
Mayor Suarez: Well, there you have another problem. So you ought to propose
and plan carefully for approval by this Commission this inauguration, Alan.
Mr. Greer: That's correct.
Mr. Dawkins: You don't know, you may not need his vote. Well, I'd be
concerned.
Mayor Suarez: Whose vote?
Mr. Dawkins: His.
Mr. Plummer: Yes, you're right. No, hey...
Mr. Dawkins: He may not need...
Mayor Suarez: Probably won't.
Mr. Dawkins: He may have three votes without him, I don't know.
Mr. Greer: Commissioner Plummer, I'm sure we'll look very carefully at that
and talk to the Grove people and see if they have a problem with it and do
everything we can to avoid...
Mr. Plummer: Veil, I can tell you the problem already, Alan. Alan, I
attended a function last night as to the sculpture which all of you were
invited and they're all ready in full production with their posters and
everything for that weekend. I mean, that's been a long standing thing as you
know and I just - OK.
Mayor Suarez: Veil, we can also hear from the Arts Festival people at that
moment. I don't see how one conflicts with the other but...
132 November 19, 1967
Mrs. Kennedy: Terry...
Mayor Suarez: ... all of this is going to have to be approved by the
Commission is what I'm saying.
Mr. Plummer: Where are you going to get the policemen?
Mrs. Kennedy (Off mike): Oh, come on.
Mr. Plummer: OK, question, Alan, I think I didn't hear the answer of
Commissioner Dawkins, what are you looking for from this Commission as start
up money?
Mr. Greer: We have no idea at this point.
Mr. Dawkins: Fifty thousand, twenty-five thousand, ten thousand?
Mr. Greer: There's going to be the normal maintenance operation of the park
as if it were a passive grassy park you'd be spending the same money to cut
the grass and keep it up initially. We're going to try to structure a grand
opening that will be cash generating to pay for itself.
Mr. Plummer: Self-sustaining.
Mr. Greer: I cannot tell you that we've set down and put that on paper to
date to tell you that that, in fact, will happen. We're going to go to work
on it right away.
Mr. Dawkins: All right and money to pay this gentleman you're going to hire,
we're going to have to advance... we're going to have to pay him the first
year too?
Mr. Greer: Yes, sir.
Mr. Dawkins: OK, you know, let everybody know what we're doing, that's all.
Mr. Plummer: Well, you know, I'm going to vote with you. The only - I'm
going to register a serious complaint if you all go up on that Valentine's
weekend. I am going to do that, all right? But I hold the reserve that
anything you do, we've got to approve and if you're asking us for money, we
have the right to say yes or to say no. And as the Mayor has warned you, you
better be very frugal.
Mayor Suarez: Lean and lean.
Mr. Greer: We understand fully.
Mr. Dawkins: Call the roll.
Mayor Suarez: We'll have to be approving the budget anyhow.
Mr. Greer: That's correct.
Mayor Suarez: OK, any further discussion on this item? Cal: she roll please.
AN ORDINANCE ENTITLED -
AN ORDINANCEOF THE CITY OF MIAMI COMMISSION CREATING
AND ESTABLISHING THE BAYFRONT PARK MANAGEMENT TRUST;
PROVIDING FOR A GOVERNING BODY; PROVIDING FOR
QUALIFICATIONS OF MEMBERS; PROVIDING FOR THE
APPOINTMENT OF MEMBERS; PROVIDING FOR THE ORGANIZATION
OF THE TRUST; PROVIDING FOR THE POWERS, PURPOSES AND
DUTIES OF THE TRUST; PROVIDING FOR THE APPOINTMENT,
TERM, QUALIFICATIONS, GENERAL POWERS AND
RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR; PROVIDING
FOR RECEIPT OF PRIVATE CONTRIBUTIONS; AND PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
133 November 19, 1987
Passed on its first reading by title at the meeting of July 9, 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 J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10348.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mrs. Kennedy: With pleasure.
Mr. Dawkins: For reasons previously state, I vote no.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: You've done a good job. Thank you for all the effort that all
the people put into this committee and the trust.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: May you make a lot of money for the City and attract many great
events.
Mr. Plummer: Yes, we've already got the money spent that you're going to
make.
Mr. Dawkins: Mr. Manager.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: When they send you their 30-day report of what they're doing in
that park, I want you to give me a 30-day report of what you've done in every
park in the City of Miami to upgrade it and how much money you spent at that.
I want that every 30 days to run concurrent - when they send you his, you send
it to me, OK? Because we've got parks out there and I see Mrs. Range sitting
here, park named for her, that kids could not swim in because it was unsafe
and we haven't done anything to make it any safer and we've got tennis courts
j' out there you can't use, but yet, just let me know how much money you've spent
so that I can let the public know so that when I run in 189, they can't say
that Miller Dawkins wasn't trying to do something in the parks for us. He
just didn't have no damn help.
134 November 19, 1987
i
---------------------------------------------------------------------- ------
48. APPROVE IN PRINCIPLE APPLICATION FROM "SMALL BUSINESS OPPORTUNITY
CENTER, INC." FOR ACQUISITION OF PROPERTY AT 1401 AND 1419 W. FLAGLER
ST. AND DIRECTING CITY MANAGER TO APPLY FOR URBAN DEVELOPMENT ACTION
GRANT IN CONNECTION WITH SAME.
------------------------------------------------------------------------------
Mayor Suarez: Item 69.
Mr. Odio: This is approving in principle the application of a Small Business
Opportunity Center, Inc. for submission by the City to the United States
Department of HUD Action granting the amount of $136,000 and extending the
City's loan commitment February 15, 1988, in order to permit sufficient time
to obtain a UDAG approval. The Small Business Opportunity Center proposes the
acquisition and renovation and expansion of the 1,600 square feet of a
building at 1401 W. Flagler Street to be developed as a 20-car parking lot and
the building will be used for commercial space and as a place for foreign
business people and/or trade organizations to display their goods for import
and export activities, meetings, and informational point for international
business interests. The estimated cost...
Mayor Suarez: Is there any controversy on this? I'll entertain a motion on
it otherwise.
Mrs. Kennedy: I move it. How many jobs will this create?
Mr. Odio: Twenty-eight new permanent full time jobs.
Mrs. Kennedy: Move it.
Mayor Suarez: So moved. We're asking for federal money.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1035
A RESOLUTION APPROVING IN PRINCIPLE THE APPLICATION OF
PROJECT DEVELOPER "SMALL BUSINESS OPPORTUNITY CENTER,
INC." FOR THE ACQUISITION OF A BUILDING LOCATED AT
1401 WEST FLAGLER STREET AND A VACANT LOT LOCATED AT
1419 WEST FLAGLER STREET TO BE DEVELOPED INTO A TRADE
CENTER COMPLEX FOR FOREIGN BUSINESS PEOPLE AND/OR
TRADE ORGANIZATIONS TO DISPLAY THEIR GOODS AND
IMPORT/EXPORT ACTIVITIES, AND DIRECTING THE CITY
MANAGER TO PROCEED WITH THE CITY'S APPLICATION FOR AN
URBAN DEVELOPMENT ACTION GRANT FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; FURTHER
AUTHORIZING THE EXTENSION OF THE CITY'S LOAN
COMMITMENT TO THE SMALL BUSINESS OPPORTUNITY CENTER,
INC. 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:
135 November 19, 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.
49. APPROVE IN PRINCIPLE APPLICATION OF "INTERNATIONAL CAR WASH, INC.", FOR
CONSTRUCTION OF A MIXED -USE SHOPPING CENTER ON N.W. 54TH STREET AND
DIRECTING CITY MANAGER TO APPLY FOR URBAN DEVELOPMENT ACTION GRANT IN
CONNECTION WITH SAME.
-------------------------------------------------------------------------------
Mayor Suarez: Item 70.
Mr. Odio: This is also approving in principle the application of
- International Car Wash, Inc. for submission by the City to the United States
Department of HUD action grant in the amount of...
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll on item 70.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1036
A RESOLUTION APPROVING, IN PRINCIPLE, THE APPLICATION
OF PROJECT DEVELOPER "INTERNATIONAL CAR WASH, INC."
{
FOR THE CONSTRUCTION OF A TWO-STORY MIXi!D-USE SHOPPING
CENTER COMPLEX LOCATED ON NORTHWEST 54TH STREET
BETWEEN N.W. 14TH AND N.W. 15TH AVENUES, TO BE
-j
DEVELOPED INTO A RETAIL/OFFICE COMPLEX, AND DIRECTING
#
THE CITY MANAGER TO PROCEED WITH THE CITY'S
APPLICATION FOR AN URBAN DEVELOPMENT ACTION GRANT FROM
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
—_
(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.
136 November 19, 1987
i
------------------------------------------------------------------------------
50. AUTHORIZE TEMPORARY $128,125 LOAN FROM DOWNTOWN PEOPLE MOVER EXTENSION
PROJECT DEPOSIT TO ORANGE BOWL STADIUM FOR WORK ON PRESS BOX ADDITION.
Mayor Suarez: Item 72.
Mr. Plummer: Move. Seventy one has been withdrawn?
Mr. Odio: Yes, sir.
Mayor Suarez: Did you move 72 or...
Mrs. Kennedy: Second.
Mr. Dawkins: What is 72?
Mr. Plummer: Move 72.
Mayor Suarez: Seventy-two has been moved.
Mr. Dawkins: Second.
Mayer Suarez: Seconded. Any discussion? Call the roll on 72.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1037
A RESOLUTION AUTHORIZING THE ADDITIONAL TEMPORARY LOAN
OF $128,125.00 FROM THE DOWNTOWN PEOPLE MOVER
EXTENSION PROJECT DEPOSIT, REVENUE PROJECT NO. 371001,
TO THE ORANGE BOWL STADIUM - ADDITIONAL PRESS BOX
FACILITIES PROJECT, PROJECT NO. 404231, FOR THE
PURPOSE OF PAYING FOR ADDITIONAL WORK ON THE PRESS BOX
ADDITION AT THE ORANGE BOWL STADIUM; SAID SUM TO BE
REPAID WITH INTEREST AT A RATE OF 8.0% FROM THE
METRO -DADE RESORT TAX IN FY 189.
(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.
137 November 19, 1987
t
51. INCREASE CONTRACT WITH COBAD CONSTRUCTION CORPORATION FOR CONSTRUCTION
OF ORANGE BOWL STADIUM PRESS BOX.
Mayor Suarez: Item 73 is a companion item.
Mr. Plummer: Move.
Mr. Dawkins: Second.
Mayor Suarez: Is it somebody? Yes, it is OK, I am sorry. Moved and
seconded. Any discussion? Call the roll on 73.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1038
A RESOLUTION AUTHORIZING AN INCREASE IN THE AMOUNT OF
$128,125.00 IN THE CONTRACT BETWEEN THE CITY OF MIAMI,
FLORIDA AND C.O.B.A.D. CONSTRUCTION CORPORATION DATED
FEBRUARY 28, 1987 FOR THE CONSTRUCTION CORPORATION
DATED FEBRUARY 28, 1987 FOR THE CONSTRUCTION OF THE
ORANGE BOWL STADIUM - ADDITIONAL PRESS BOX FACILITIES,
SAID FUNDS TO BE PROVIDED FROM A LOAN FROM THE
DOWNTOWN PEOPLE MOVER EXTENSION PROJECT DEPOSIT TO BE
REPAID FROM THE FY-89 METRO-DADE COUNTY RESORT TAX;
FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING
THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY
CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS OF
THE MEMBERS OF THE CITY' COMMISSION; AND ADOPTING THE
FINDINGS AND CONCLUSIONS SET FORTH IN THE PREAMBLE OF
THIS RESOLUTION; FURTHER ACCEPTING THE COMPLETED WORK
_j OF C.O.B.A.D. CONSTRUCTION CORPORATION AT A TOTAL COST
' OF $890,000.00 AND AUTHORIZING A FINAL PAYMENT OF
$147,171.88.
(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.
138 November 19, 1987
52. CONTINUE PUBLIC HEARING CONCERNING DEVELOPMENT ORDER FOR DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT.
Mayor Suarez: Item 74.
Mr. Plummer: Moved it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 74
scheduling the public hearing on the downtown Miami development of regional
impact development order.
_ The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1039
A RESOLUTION CONTINUING TO 3:30 PM THURSDAY, DECEMBER
10, 1987, AT CITY COMMISSION CHAMBERS, CITY HALL, 3500
PAN AMERICAN DRIVE, DINNER KEY, MIAMI, FLORIDA, THE
PUBLIC HEARING CONCERNING ISSUANCE OF A DEVELOPMENT
ORDER FOR THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL
IMPACT AS PROPOSED BY THE APPLICANT: DOWNTOWN
DEVELOPMENT AUTHORITY, FOR THAT PART OF THE CITY OF
MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN
DEVELOPMENT AUTHORITY, EXCEPT SOUTHEAST OVERTOWN/PARK
WEST; 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 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.
53. ACCEPT GREATER MIAMI CHAMBER OF COMMERCE'S POSITION REGARDING THE PEOPLE
MOVER (See label 64)
------------------------------------------------------------------------------
Mr. Rodriguez: Item 83 relates to 74.
Mayor Suarez: You want us to take item 83 up? I'll entertain a motion on 83.
Mr. Plummer: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion Call the roll on 83.
139 November 19, 1967
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1040
A MOTION OF THE CITY COMMISSION ACCEPTING THE POSITION
PRESENTED THIS DATE BY THE GREATER OF MIAMI CHAMBER OF
COMMERCE REGARDING THE PEOPLE MOVER.
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.
-IN
---------------------------------------------------------------------------
54. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PERSONAL APPEARANCE BY CARE
TO REQUEST SUPPORT FOR MIAMI WOMEN'S ACTION FOR PROGRESS CONFERENCE (See
label 56)
Mayor Suarez: Personal appearance, item 75, CARE.
Mr. Plummer: Mr. Manager, would you read your recommendation into the record
on 75.
Mrs. Kennedy: What did you say, 75?
Mr. Plummer: Yes.
Mayor Suarez: The recommendation from the Manager. He is trying to get the
recommendation from the Manager.
Mr. Plummer: No, I am asking the Manager to read his recommendation.
Mr. Odio: We cannot recommend this project, based on fiscal constraints. We
don't have the money. We recommend no funding.
AT THIS POINT THIS ITEM WAS MOMENTARILY DEFERRED.
---------------------------------------------- --------------------------------
55. COMMENDATION TO HUBER PARSONS AND CUB SCOUT PACK 21.
COMMENDATION PRESENTED TO: Huber R. Parsons, Jr. and Cub Scout Pack 21 for
their interest and contributions to the welfare of this community.
140 November 19, 1987
56. DENY REQUEST OF CARE FOR SUPPORT FOR MIAMI WOMEN'S ACTION FOR PROGRESS
CONFERENCE. (See label 54)
------------------------------------------------------------------------------
Mayor Suarez: Item 75, CARE. Yes, sir, proceed. Give us your name and
address.
Mr. Dawkins: What's the Manager's recommentation?
Mr. Odio: A denial of funding. We have not placed this in the budget, we
have no funds for this cause.
Mr. Rick Morren: My name is Rick Morren. This is Ruth Exel. We are the
principals of Trabart International and represent CARE, one of the major U.S.
private international nonprofit development organizations in the United States
with programs throughout the world. CARE has its headquarters in New York and
maintains a small office in Miami. The third Women's Action for Progress
Conference is planned for next year. The first two meetings that were held
were continuous because of the need that exists in the Caribbean Basin
Initiative that does not identify with small businesses and minority owned
businesses in this region. During the first two meetings that were held , the
contact was made between the small businesses in the United States and in the
Caribbean and the Latin American areas. These were all small minority owned
businesses. They brought to the City a total of approximately 500 delegates
and third conference plans to bring another 500 to 700 delegates by next year.
We have requested a grant from the City Commisson of $30,000 to supplement our
overall budget of $164,000.
Mayor Suarez: Have you appled for funding anywhere else?
® Unidentified Speaker: Yes, CARE is doing its own fund raising. It has a
network throughout the U.S. of private donations.
Mayor Suarez: Did you get any funds from the Federal government under CBI
inititive?
Unidentifed Speaker: No.
Mr. Morren: No, we are not.
Mrs. Kennedy: Did we give them any money last year? You know, many years ago
I was a panelist in this conference and I was really impressed by the number
of business women that came throughout the world. I don't know, Mr.
Manager...
Mr. Odio: Commissioner, I am serious when I say we don't have any funds in
the special programs and accounts, we are...
Mrs. Kennedy: Can we help you in any other way?
Mr. Odio: Since we cut the millage...
Mr. Morren: The main problem is really supplementing the budget with
organizational costs to fill the organizational costs.
Mr. Plummer: I move to uphold the Manager's recommendation, as much as it
hurts.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
141
November 19, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1041
A MOTION UPHOLDING THE CITY MANAGER'S RECOMMENDATION
FOR DENIAL OF A REQUEST RECEIVED FROM REPRESENTATIVES
OF CARE SEEKING SUPPORT FOR THE 3RD WOMEN'S ACTION FOR
PROGRESS CONFERENCE.
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: Let me ask you one last question before we leave you without
any support on this. When you mentioned minorities involved in Caribbean
activities, what minorities? You are thinking more in terms of women, or...?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Would you, in connection with that, check, if you would like,
with my office on the linking up with Friends of the Caribbean, not that they
have many funds, but they have some, and of course that is exactly the focus
of what they are trying to do. You are welcome to come right up to the office
and establish that link.
57. DISCUSSION: ONE ART REQUEST OF SUPPORT FOR DEAF DANCERS OF AMERICA.
_1 Mayor Suarez: Item 76.
Mr. Plummer: Manager read his recommendation into the record.
Mr. Odio: Denial based on City's no funding policy and the lack of funds in
any of the accounts we could use for this.
Mr. Alexander Prado: OK, ,for the record, my name is Alexander Prado, of One
Art Incorporated residing in 7950 SW 98 Terrace. One Art Incorporated is an
organization which is based in the City of Miami and One Art recently has
established a program by the name of Deaf Dancers of America and that is a
performing dance company. Sprouted from the hearing impaired and deaf
populations, and which I might mention, is the only one in the State of
Florida and one of the three throughout the United States. OK, our request
from the City of Miami is a total $9,000, toward a matching contribution for a
_ $7,500 State award from the Department of State Division of Cultural Affairs
and a $2,000 award from the Dade County Council of Arts and Sciences, and
that's it.
Mayor Suarez: The Manager's recommendation one more time?
Mr. Odio: A denial of funding, Mr. Mayor and Commissioners.
Mayor Suarez: What other agencies would it make sense for them to apply, that
you can think of, on this kind of program?
Mr. Odio: In the County, I guess, sir.
Mr. Plummer: Arts and...
Mr. Odio: Yes.
142 November 19, 1987
Mr. Plummer: That's the only one.
Mayor Suarez: Which?
Mr. Plummer: Arts Council.
Mr. Prado: And we have applied and which they had...
Mr. Plummer: Which is part of the TDC.
Mayor Suarez: Is that pending?
Mr. Prado: No, that has already been awarded.
Mr. Odio: Oh, good.
Mr. Prado: $2,000 total and there is... you know, anything that would be
contributed from this Commission would bring down $7,500 from the State
and.... no, no, no?
Mayor Suarez: Looks like the way we are heading. We have an unlimited number
of worthy causes.
Mr. Prado: Understandable, and I thank you very much, Mr. Mayor.
Mayor Suarez: Thank you for your presentation.
Mr. Prado: Thank you, Commissioners.
Mayor Suarez: I don't think we need to take a vote, unless somebody moves it.
NOTE FOR THE RECORD: AGENDA ITEM 77 WAS WITHDRAWN.
58. GRANT 12 SURPLUS VEHICLES TO THE SUB -COUNCIL FOR CRIME PREVENTION IN
LITTLE HAVANA; RECOMMEND THAT THIS GROUP'S SERVICES BE EXTENDED TO
ASSIST MINI -STATION SITES.
Mayor Suarez: Item 78.
Mr. Plummer: How many cars are they asking for?
Mr. Odio: I believe it is twelve.
Mr. Plummer: Are they surplus?
Mr. Odio: Yes, sir.
Mr. Plummer: I move it.
Mr. Odio: I'd like to add, Commissioner, that since they are providing a
crime prevention service and we have been in conversation with them and the
Police Department.
Mr. Plummer: Do you recommend it?
Mr. Odio: I recommended that whether we cannot extend their services as
volunteers to the mini -stations that we are opening so that they can man some
of those mini -stations with their radio system.
Mr. Plummer: Good idea.
Mrs. Kennedy: I second.
Mr. Plummer: It is a good idea!
Mayor Suarez: Great idea. Moved and seconded.
143 November 19, 1987
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Johnakin. No wait a minute, go ahead, move it. Come on up,
Mr. Johnakin. No further questions. You want to call the roll now?
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1042
A MOTION GRANTING REQUEST RECEIVED FROM THE SUBCOUNCIL
FOR CRIME PREVENTION IN LITTLE HAVANA FOR 12 CITY
SURPLUS VEHICLES IN ORDER TO ASSIST OUR POLICE
DEPARTMENT IN ITS EFFORTS TOWARD DETERRING CRIME;
FURTHER RECOMMENDING TO THE CITY MANAGER THAT THIS
GROUP SERVICES AS VOLUNTEERS BE EXTENDED TO
MINISTATION SITES THROUGHOUT THE CITY FOR PURPOSES OF
MANNING SAID FACILITIES.
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.
------------------------------------------------------------------------------
59. GRANT 4 SURPLUS VEHICLES TO MODEL CITIES RIME PREVENTION SUB -COUNCIL.
�] Mr. Dawkins: Mr. Johnakin, state your name and your position, Mr. Johnakin.
Mr. Thelbert Johnakin: My name is Thelbert Johnakin. I am the chairperson of
the Model City Crime Prevention subcouncil.
Mr. Dawkins: And they would have like to have four cars. You can maintain,
them you say, yourself?
Mr. Johnakin: Yes.
Mr. Dawkins: I move that we also make four cars available to Model Cities...
Mr. Plummer: Second. Well, excuse me. Are there four more cars available?
Mr. Odio: Yes.
Mr. Plummer: I second the motion.
Mr. Odio: Can we also use your ministations so that you can help us man the
ministations?
Mr. Johnakin: Yes, may I say something, Mr. Mayor and the board of Commission
- too? We also... I don't know if you are aware of it. It is eleven
subcouncils, which last night met twelve subcouncils, groups. Perhaps you
just don't know the work that these people are doing and I feel guilty here,
accepting four cars when I know that there are others that need the same thing
that I need, and I just want to let, if anyone is in here, we do have one
gentlemen here that was brought in last night, and I do feel guilty because I
know that the service that these people give, and anything happening in the
_ community, we are the first one the the Police Department is going to call
144 November 19, 1987
and the work that we do out there, I think that they should at least have
transportation. And I want to thank you, Commissioner Dawkins, for giving me
this opportunity.
Mr. Plummer: Sir, you understand, like the other group, you are fully
responsible for those cars?
Mr. Johnakin: Yes, sir, I do.
Mr. Dawkins: I explained to him, J.L., insurance, gasoline...
Mr. Plummer: Fully.
Mr. Dawkins: ... maintenance, etc., and he understands it. And any other
group, Mr. Johnakin, who comes and can show us that they can maintain them, we
see if we can find some surplus automobiles for them.
Mayor Suarez: I'll entertain a motion on that, Commissioner Dawkins.
Mr. Johnakin: Thank you, sir.
Mr. Dawkins: Move that we award them the surplus cars.
Mr. Plummer: I second it.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-1043
A MOTION GRANTING REQUEST RECEIVED FROM THE MODEL
CITIES CRIME PREVENTION SUBCOUNCIL FOR 4 CITY SURPLUS
VEHICLES IN ORDER TO ASSIST OUR POLICE DEPARTMENT IN
ITS EFFORTS TOWARD DETERRING CRIME, SUBJECT TO SAID
GROUP ACCEPTING TOTAL RESPONSIBILITY FOR MAINTAINING
THE DONATED VEHICLES.
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.
NOTE FOR THE RECORD: AGENDA ITEM 79 WAS WITHDRAWN.
60. CITY ATTORNEY TO REVIEW LEASE WITH COCONUT GROVE SAILING CLUB.
Mayor Suarez: Item 80.
Mr. David Popper: Mr. Mayor, members of the Commission, my name is David
Popper, I am here on behalf of the Coconut Grove Sailing Club. The request we
are going to make is one to ask the Commission for authority to go to the
City Attorney for interpretation. Before I make any presentation, I would
like to introduce Mr. John Pistorino, who is commodore of the Coconut Grove
Sailing Club, who will give you a little background history, so you may better
understand the position of the club.
Mr. John Pistorino: Thank you, I'll be real brief. This club is an
institution of the City of Miami that was established in 1946. We have
145 November 19, 1987
trained over 10,000 young children in the sport of sailing on small sailboats,
eight foot prams. This is a continuing program which we have offered for free
under the entire expense of the facility. We maintain our own fleet of small
boats to accomplish this. In addition, the Sailing Club has sponsored events
with Boystown, where we bring boys several times a year over and sponsor
activities in our effort to reach out to the youth of our community. Other
things that you may be aware of is, we do sponsor the Orange Bowl Regatta in
conjunction with the Orange Bowl Committee held each year, where we bring
collegiate sailors from all over the country to participate in this regatta.
We also have a program where we have been over these years, teaching and
preparing racing sailors, young racing sailors. These are students between
the ages of nine and fifteen years old to participate in the U.S. Olympics and
we, in fact, have represented, as from the City of Miami, substantial numbers
on the U.S. Olympic Optimist pram competition. In this year, we are also
sponsoring a U.S., the Optimist dinghy world champion competition from Spain,
that is, Spain is sending over their team and we are going to hosting it here
at the Coconut Grove Sailing Club. We teach adults years around. It is...
these teachings are open to any member of our community, not club members, but
simply our resource for the community at large. I could say many things about
our club, but I am going to stop now and let Mr. Popper give you our request.
Thank you.
Mr. Popper: In 1981, the Coconut Grove Sailing Club entered into a contract
with the City of Miami. This was a good faith contract with a then sitting
Commission and the Coconut Grove Sailing Club. There were three sailing clubs
at that time. Only one would sign a contract with the City of Miami. That
was the Coconut Grove Sailing Club. The lease was prepared basically, and the
negotiations really weren't any negotiations, because as I think Commissioner
Plummer said on item 59, "If you can't get along with it, come back in 30
days." Well, this is basically what we had in 1981. If you can't live with
this contract, you can always come back, but since that time, the law has
changed and to come back, you have to have a referendum,. What the we are
asking the City Commission to do at this time, is to look at this and ask the
City Attorney for interpretation, because we don't believe that we sit under
section 3F. This is a non profit corporation. It is not a commercial
venture. The only other two things you have to determine is a fair return and
the use, which is already set out. It is a civic use, we believe definitely
for the benefit of the City of Miami. Mr. Pistorino has a chart there...
Mayor Suarez: How long is your lease now?
Mr. Popper: It goes to the year 2000, but it will progress over 300 percent
under the lease that you have now.
Mayor Suarez: Where is the provision that says that we may modify, or that
that is contemplated. Is it in the lease, or is it in the resolution that
approved it, or what?
Mr. Popper: This is what was told to them at the time. We do not have the
provision, that is why we are asking you to ask the City Attorney for
interpretation.
Mayor Suarez: Suppose we were... let me get the City Attorney. I don't know
if off the top of her head she can give us an opinion, but suppose we were
disposed to make a modification as requested.
Mrs. Dougherty: That is what I would like to know from you. If you want to
make a modification, tell me, and I will come back and tell you how to do it.
Right now I can't tell you whether or not there is a recommendation...
Mayor Suarez: You don't want to give an opinion on something that is not
before yout
Mr. Popper: At that time, I believe, Mr. Mayor, that we could make a proper
request. We started out at $25,000 a year. Now, it is $43,000 and at the end
of our lease, it will be $428,000 a year. Mr. Pistorino has a chart, which is
the growth of over 300 percent...
Mayor Suarez: I saw the chart.
Mr. Popper:... which does not make sense. It was not anticipated by either
side. The base for the Coconut Grove Sailing Club is on a per capita tax base
146 November 19, 1987
Zoo
and no one at that time anticipated that the City's population will be down,
or that Centrust or Southeast, all those would be there.
Mayor Suarez: And you can't right off the top of your head, tell us even
whether you would be inclined to think that we would be able to do this,
without a violation of the new Charter provision?
Mrs. Dougherty: Right now, I believe that you probably could amend it without
a referendum, but my question to you is, do you want to amend it?...
Mayor Suarez: Well, it is...
Mrs. Dougherty: ...and if you do, then I will go back and determine it.
Mr. Dawkins: And if so, why do you want to amend it?
Mayor Suarez: She is like the little prince, you know, when she asks that
question, she doesn't let go of it.
Mr. Popper: I believe I can answer that, Mr. Dawkins.
Mr. Dawkins: I'm talking to the Mayor.
Mr. Popper: Well...
Mayor Suarez: Commissioner.
Mr. Dawkins: Why would you want to amend it, Mr. Mayor?
Mayor Suarez: For the reasons he is stating, you know, that they have a
hardship situation here, or something that wasn't contemplated.
Mr. Dawkins: Well, it is choice waterfront property, and of course it has a
greater value than it had when it was leased to them in their year and the
value of the property has gone up and so therefore, the income from the
property should go up. Now, you are going to amend it because they say they
have got a hardship and property is more valuable than it was.
Mr. Popper: Commissioner Dawkins, this is set up for a particular use and as
your Charter will show, the use is as a sailing club and civic to help people,
which it is doing. As far as going up, there was no way anticipation
whatsoever in the good faith negotiations to go up over 300 percent on this
lease, to come up with over $400,000 a year, when it started at $25,000 a
year. Obviously, this figure was picked up to show and permit this civic duty
to carry on.
Mr. Dawkins: All right, in the year when it started, what was your membership
fee?
Mr. Popper: Mr. Pistorino, you will have to answer what the membership fee
was.
Mr. Dawkins: Yes, what it was.
_4 Mr. Popper: I do not know that.
Mr. Dawkins: Yes, at that time.
Mr. Popper: That's fair enough. I'll try to get you the answer, sir.
Mr. Dawkins: OK.
Mr. Pistorino: The membership fee, I believe, was $170 at the time.
Mr. Dawkins: What is it now?
Mr. Pistorino: At this time, the membership fee is $250.
Mr. Dawkins: Now, the membership fee has doubled 100 percent, so now why
can't the other rent increase proportionately? See?
147 November 19, 1987
Mr. Popper: Because the money that goes in, there is more cause to perform
the services that are necessary to do any community service. That money goes
in.
Mayor Suarez: I do want to tell you, Judge, you are going against the tread
that has been established at City Nall, of trying to redo these and
renegotiate so that we can get more return. In your case, you have gone from
$25,000 total rent paid in 180-181, to $43,000 in 185-186....
Mr. Popper: And look at the...
Mayor Suarez: ... and that is not really, you know.
Mr. Popper: Mr. Mayor, if you look at the growth and the percentage that I
just gave you at the end of this lease, which is 12 years from now, the rent
will be over $400,000 a year.
Mayor Suarez: What we may have to... we may be in a position to have to deal
with that if that ever happens, but at this point, it is not really too
burdensome.
Mr. Popper: This is an anticipatory situation where you can say, "We are going
out, we don't want a sailing club anymore, we don't want them to perform a
service."... because if we wait until it goes to $400,000, you are not going
to have a sailing club...
Mayor Suarez: Well, I...
Mr. Popper:... and you are not going to help the kids.
Mayor Suarez: Just like you are anticipating, I am trying to anticipate an
easier situation for you if that should arise.
Mr. Popper: Sir, you have the figures right in front of you, which I gave to
you.
Mr. Plummer: What they are asking here today, is to ask the City Attorney, is
it possible to renegotiate the lease without going to a referendum. That's
their request today.
Mayor Suarez: She is saying she would like us as a policy decision to tell
her whether we even contemplate doing that so we don't have to get a legal
opinion and he is saying he certainly doesn't want to contemplate that and I
leaning in the same direction as Commissioner Dawkins right now.
Mr. Plummer: All right, all I am saying is today it might not even be
material. I am saying is, I move at this time to ask the City Attorney to
give us a ruling prior to the December meeting, whether or not it is possible,
and how, if it is possible, that we could renegotiate the lease without going
to a referendum. If her answer comes back "no" it is over, OK? If her answer
comes back "yes" and she said this is how you can do it, at that time this
Commission will decide, yes, we want to, or no, leave it alone, but the
request today is simple and I think there is no harm in asking for what their
request is - not saying we are going to reduce it, not saying we are going to
do anything.
Mr. Dawkins: Madam City Attorney.
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: The other day the voters passed something saying that before any
City lands could be anything, it had to be put out for referendum. Does that
apply to this?
Mrs. Dougherty: No, because this is an existing lease. This would be a
modification of an existing lease. The worst case scenario would be that they
would have to go to referendum, and of course they could put it on next March
for an amendment, if that is what you desired.
Mr. Plummer: I so move, Mr. Mayor.
148
November 19, 1987
Mayor Suarez: So moved. Do we have a second on the motion to get a legal
opinion in case this Commission is disposed to go that route?
Mr. De Yurre: I'll second, but I also want to have...
Mayor Suarez: Seconded.
Mr. De Yurre: ... a copy of your financial statements since 1981 to see how
that growth is come along and see if it is reflective or not. Of change.
Mr. Popper: There is one for you, Mr. Commissioner, right there, and we will
supply one for each of the members.
Mayor Suarez: Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1044
A MOTION REQUESTING THE CITY ATTORNEY TO REVIEW THE
CITY'S LEASE WITH THE COCONUT GROVE SAILING CLUB PRIOR
TO THE DECEMBER MEETING AND RULE AS TO WHETHER OR NOT
THERE CAN BE A RENEGOTIATION OF SAID LEASE WITH THE
COCONUT GROVE SAILING CLUB WITHOUT PLACING THE ISSUE
ON A REFERENDUM; FURTHER REQUESTING THE CITY ATTORNEY
TO COME BACK BEFORE THE CITY COMMISSION AND INFORM ITS
MEMBERS OF SAID LEGAL OPINION.
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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mayor Suarez: No. No, I can't ask for a legal opinion that I don't think
will ever be needed, but thank you for your presentation. You were here on
this Brennan?
Mr. Dawkins: Anything dealing with the waterfront.
Mayor Suarez: You have to tell me that. Padrick too?
M71DENTIFIED SPEAKER: Your opinion, we accept it.
Mayor Suarez: Tell me that.
------------------------------------------------------------------------------
61. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED
"EMERGENCY SHELTER GRANT" AND APPROPRIATE FUNDS FOR OPERATION OF SAME
FROM UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (See
label 22)
------------------------------------------------------------------------------
Mayor Suarez: Commissioner.
Mr. De Yurre: Mr. Mayor, if we could go back to those items 46 through 48.
Mayor Suarez: 46 through 48, Commissioner De Yurre. Which were those?
Mr. De Yurre: The one with the $30,000 emergency item.
Mr. Odio: That is the $203,000 grant with the...
149
November 19, 1987
Mayor Suarez: So move to reconsider.
Mr. Dawkins: Second.
Mayor Suarez: Actually, I don't think we have to move to reconsider as to the
thirty because we never made a decision on that at all.
Mr. De Yurre: We were waiting for the afternoon to make a decision.
Mayor Suarez: Do you have a motion on that?
Mr. De Yurre: Yes...
Mr. Dawkins: I'll second it.
Mr. De Yurre: ... the concerns that I had over the company have been taken
care of, so...
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
(WHEREUPON ROLL CALL WAS STARTED ON RECONSIDERATION OF THE ISSUE, BUT WAS NOT
COMPLETED. SEE HEREINBELOW)
Mr. Plummer: We are moving to reconsider?
Mr. Dawkins: Yes.
Mr. Plummer: Yes.
Mayor Suarez: I don't think we have to move to reconsider because we never
actually voted on the thirty, so...
Mr. Odio: We need to read the emergency ordinance on with the four/fifths
vote.
Mayor Suarez: We would be moving to go ahead and grant them the $30,000 that
you were concerned about, the commitment we had made. Madam City Attorney, do
you want to read that ordinance?
Ms. Dougherty: Which one is this? What ordinance?
Mr. Plummer: 46.
mayor Suarez: 46, I believe. The $30,000 portion of that combined item.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mrs. Dougherty: We read this and we passed this this morning, Mr. Mayor.
Mr. De Yurre: Not as to the $30,000 end of it.
Mrs. Dougherty: Yes, we did.
Mr. Plummer: It passed as first reading.
Mrs. Dougherty: Oh, all right, I am sorry. This is an emergency ordinance,
then.
Mayor Suarez: Proceed the reading is an emergency.
Mrs. Dougherty: I did.
Mayor Suarez: Call the roll.
Mr. Plummer: Well, wait a minute, let's understand now. If $30,000 of this
grant is going to go to that fund which we made a commitment...• OK, and the
other $173,000, what?
Mr. Frank Castaneda: (Off Mike) It goes back to the Commission at the next
meeting.
150 November 19, 1987
Mr. Plummer: OK, that is fine.
Mayor Suarez: Call the roll.
Ms. Hirai: Mr. Mayor, sorry, I need a move and a second.
Mr. Plummer: Wait a minute, no, wait. Mr. Mayor, I think 46 did in fact pass
this morning.
Mayor Suarez: But not this portion, so I don't think we have to reconsider
this portion. We just left this portion pending. If you want to go ahead and
build in a motion to reconsider and to approve the ordinance, we can do it
together.
Mr. Plummer: Are you saying what you are trying to do now is pass again as an
emergency?
Mr. Odio: Yes.
Mrs. Dougherty: Yes.
Mr. Plummer: Oh, OK, I'm sorry.
Mayor Suarez: OK, call the roll.
Ms. Hirai: May I please have a move and a second, Mr. Mayor?
Mayor Suarez: I thought we had a movant and a second.
Mr. DeYurre: Move it.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "EMERGENCY SHELTER GRANT
(FY'88)", APPROPRIATING FUNDS FOR OPERATION OF SAME IN
THE AMOUNT OF $203,000 FROM U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (USHUD).
Was introduced by Commissioner De Yurre 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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
Whereupon the Commission on motion of Commissioner De Yurre 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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10349.
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.
151 November 19, 1987
------------------------------------------------------------------------------
62. ALLOCATE $30,000 FROM EMERGENCY SHELTER GRANT FUNDS TO SOCIAL ACTION OF
LITTLE HAVANA FOR FOOD DISTRIBUTION FOR HOMELESS. (SEE LABEL 24)
Mr. Odio: We need item 48, Mr. Mayor.
Mayor Suarez: 48 is a companion item?
Mr. Odio: Yes.
Mayor Suarez: I entertain a motion on it.
Mr. De Yurre: Move.
Mayor Suarez: Actually allocating of $30,000.
Mr. Plummer: Move it.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Odio: To Social Service Action.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: No, Social Action Agencies.
Mayor Suarez: Service for social action...
Mr. Plummer: For $30,000 of the amount. It is not spelled out here.
AT THIS POINT, CITY CLERK STARTED ROLL CALL.
Mr. Plummer: Wait, whoa. This resolution is not correct.
Mr. Odio: No, you have to amend the resolution.
Mr. Plummer: You damn right you do.
Mr. Odio: Yes, sir.
Mr. Plummer: You amend this thing before I'm going to vote on it.
Mrs. Kennedy: (OFF MIKE).... 48.
Mr. Plummer: 48.
Mayor Suarez: As amended how, Commissioner?
Mr. Plummer: Amended that only... this allocates the $203,000.
Mr. Odio: No, no. That is only allocating only $30,000...
Mayor Suarez: That is to the $30,000, the resolution.
Mr. Plummer: So, as amended.
Mr. Odio: $30,000 to Social Action of Little Havana, Inc.
Mr. Plummer: As amended. I'll vote on that.
Mayor Suarez: OK, call the roll, as amended.
152 November 19, 1987
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 87-1045
A RESOLUTION ALLOCATING $30,000 FROM THE FY'87
EMERGENCY SHELTER GRANT FROM THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, PREVIOUSLY APPROPRIATED
BY ORDINANCE NO. 10349, TO SOCIAL ACTION OF LITTLE
HAVANA, INC. TO PROVIDE A FOOD DISTRIBUTION PROGRAM
FOR THE HOMELESS; 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 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.
63. CONTINUE TO THE REGULAR COMMISSION MEETING OF DECEMBER CONSIDERATION OF
NATIONAL INVESTIGATIVE PANEL'S REPORT ON ALLEGED DISCRIMINATION IN FIRE
RESCUE AND INSPECTION SERVICES DEPARTMENT.
Mayor Suarez: Item 81. Franklin Sands, Ph.D. Have we withdrawn that too, or
are we going to have that? Doctor?
Dr. Franklin Sands: Mr. Mayor and Commissioner, my name is Franklin Sands.
I've served as special advisor to the National Investigative Panel. This
-= panel, as you know is charged to investigate allegations of discrimination in
the Fire Rescue and Investigative Services Department. I am here today
representing the panel only to the extent of reporting to you that they could
not be here at the last Commission meeting and they could not be here today.
However, they request an audience with you on December loth.
Mr. Plummer: What are you asking, this matter be deferred until then?
Dr. Sands: That discussion of the report be deferred until December loth.
Mr. Plummer: I'd like to defer the whole thing until December loth, because
we just received it, so I think it would be in order that the whole item be
deferred and give us the opportunity to read a book that has got to be at
least 70 to 80 pages long.
Dr. Sands: OK, the p-?:pose today was simply to insure that you got a copy of
it. The final copies were just published.
Mr. Plummer: In the future, Doctor, be aware that we have to have things in
our hands five days in advance. I move that item 81 be carried over to the
December loth meeting.
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any further discussion? Anything else you
want to add, Doctor? You are in agreement with the motion, I presume?
153 November 19, 1987
Dr. Sands: I am in agreement with the motion. Mr. Mayor and Commissioners...
Mayor Suarez: I am sure you will be available also for individual
consultation by members of the Commission on the report as they go through
it... as we go through it.
Dr. Sands: Absolutely, and I maintaining the exhibits to the report until
such time that the panel has made its presentation. Then they will be turned
over to the Clerk to be placed within the public domain.
Mr. Plummer: Well, excuse me, once you pass this book to us it is public
record. Do you have additional copies for the public and the press?
Dr. Sands: As of now?
Mr. Plummer: Yes.
Dr. Sands: Yes.
Mayor Suarez: Well, why would leave the... what is it, the appendixes, is
that what you are leaving?
Dr. Sands: No, the exhibits and the tapes, the recordings from the public
hearings and all of the materials that were used in deliberations. Rather
than... I have them now. If you need copies of any of that material, just
let it be known, as you go through that report.
Mr. Plummer: Well, the important thing, has the Fire Department been
furnished a copy?
Dr. Sands: They have a copy of the report. In fact, Commissioner Plummer, I
have consented to work between the Fire Department, Chief Duke; and Dr.
Daniels' office in order to generate another level of specificity that in my
best estimation, issues from the findings and conclusions and recommendations
of this report, so hopefully that kind of information too will be available
very shortly.
Mayor Suarez: Any further discussion? Call the roll.
MOTION TO CONTINUE. Upon being duly moved by Commission Plummer
and seconded by Commissioner Dawkins, Item 81 was continued to the
meeting of December 10, 1987 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: How much time would you expect that the report itself would
take at the December loth hearing?... not counting whatever discussion may be
result from it?
Dr. Sands: All right, a number of people have approached me today, thinking
that we are going to discuss this today, and I've been told that there are
going to be a number of people here on the loth.
Mayor Suarez: The basic presentation would take how much?
Dr. Sands; The basis presentation should not take more than maybe 15 minutes.
Mayor Suarez: OK. I still want our scheduling aide, Aurelio, to keep in mind
that that item, by the time that we have the presentation and comments and so
on might take a while. For December loth, I am not sure how we can schedule
it. Let's work on that, Aurelio. Thank you, Doctor.
_ NOTE FOR THE RECORD: NO APPEARANCE WAS MADE TO DISCUSS RENEWAL OF LIMOUSINE
SERVICE FOR LIMOUSINE SERVICE, INC., ITEM 82.
154 November 19, 1987
64. ACCEPT POSITION PRESENTED BY GREATER MIAMI CHAMBER OF COMMERCE REGARDING
PROPOSED COMPLETION OF PEOPLE MOVER (See label 53)
Mayor Suarez: Item 83, City of Miami Chamber.
Mr. John Pearson: Yes, Mr. Mayor, members of the Commission, my name is John
Pearson. I am here representing the Greater Miami Chamber. We are here to
advise you that we have worked closely with the Planning Department for the
last few years on the downtown DRI, and have recently we passed a resolution
requesting that you approve the development order which is currently scheduled
to come to you, I think on December loth.
Mayor Suarez: The development order for downtown?
Mr. Pearson: Yes.
Mayor Suarez: We voted on it this morning.
Mr. Pearson: You had a public hearing on it.
Mayor Suarez: Oh, I am sorry. We... OK, it was on the agenda for today. We
have sought additional input from the rest of the Commission.
Mr. Pearson: Yes, sir. Basically, sir, I am here to simply to advise all the
Commissioners that the Chamber stands behind the DRI and thinks it would be
good for the City and request that you favor it.
Mayoi Suarez: You might want to reply to a list of concerns that Commissioner
Plummer has come up with.
Mr. Pearson: Thank you, sir it has already been forwarded to him.
Mayor Suarez: You might want to reply so we know what your answers are to
those concerns, because that would help us in our consideration of the DRI.
UNIDENTIFIED SPEAKER: He wants us to reply
Mayor Suarez: No, no, no, in writing, in writing. We are going to be
considering that between now and the and I guess it is December loth, right,
J.L?
Mr. Plummer: Yes.
Mrs. Kennedy: You don't want us to take any action today?
Mr. Pearson: Not now, no. Thank you.
Mr. Plummer: Well, excuse me. I would appreciate any comments that you have
on the areas that I have expressed concern, because as you know, I will be
voting on that December 7th as a member of the regional planning council, so I
would like to have your input if you have some, to the areas of concern of
which I have raised.
Mr. Pearson: I do have sir, and believe you have already seen the responses
from the City, which we...
Mr. Plummer: OK, woiuld you get together with Sergio, please?
Mr. Pearson: Yes, sir, thank you.
155 November 19, 1987
� • r
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65. DISCUSSION AND TEMPORARY DEFERRAL "ASIAFEST 188 AND REQUEST BY SAID
GROUP TO USE SEVERAL PARK LOCATIONS AND IN -KIND SERVICES FOR SAID EVENT.
Mayor Suarez: Item 84. That's still on.
Mr. Burton Wolfe: Yes, my name is Burton Wolfe represer'.ing Asiafest. I am
the president of Asiafest, Inc., which is a not for profit Florida
corporation, has been formed to produce a major world class festival and our
board has recommended that the City of Miami would be the perfect location for
this. Asiafest has the support of the United States Department of Commerce,
the Florida Department of Commerce, the World Trade Center of Miami, and the
_ Beacon Council of Miami. Asiafest is not only a performing arts event and I
will share with you that over the past year and one-half, I personally met
with the ambassadors of ten Asian nations and they are anxious at their
expense to send their performing artists here to Miami. That would be troupes
of dancers in costumes, musicians and so on and so forth. But perhaps an even
more important part of Asiafest is the business consortium, and I just left
the U.S. Department of Commerce office this morning and Mr. Ivan Cossime, we
are setting up a television communication via satellite so that Miami, the
City of Miami will be broadcast throughout the United States to export offices
related to the United States Department of Commerce throughout the United
States and also Asiafest will be broadcast back to Asian National Television.
Mrs. Kennedy: Burton, will you tell my colleagues where this will take place?
Mr. Wolfe: We would love to have this take place at Bayfront Park and if you
would indulge me, Commissioners and City Manager and Mayor. We prepared very
short video and Jeb Bush flew in from Tallahassee to make a presentation on
this video. I think it is quite exciting. We expect to t ke this video back
to Asia with us and also through the United States, so if all works well and
the plugs haven't been unplugged, I think you will find this quite enlivening.
Herb. Well, we have everything but sound, Herb. It must have been unplugged
when someone was stepping over there. We'll work on it, and we'll watch the
images.
(VIDEO PRESENTATION MADE)
_ Mr. Wolfe: We had two experts here and after the meeting went on and on and
_ on, they finally left, but keep watching the pictures. It is really
interesting that Mr. Noguchi is the architect of the Bayfront Park, who is
Japanese. We have asked him to be honary chairman of the event. This old
footage of Bayfront Park, not new, that you are watching now. He is
explaining the park.
_ Mrs. Kennedy: Burton, another thing we can do is move on the items until this
is fixed, because you will need the sound, later on.
Mr. Wolfe: OK, is that what you recommend? Fine, thank you.
Mayor Suarez: OK. Until we get the sound corrected.
Mr. Wolfe: Thank you, Mayor.
------------------------------------------------------------------------------
66. A. CLOSURE OF STREETS TRAFFIC AND ESTABLISH A PEDESTRIAN MALL FOR DR.
MARTIN LUTHER KING BIRTHDAY FESTIVITIES.(MLK) B. PROVIDE EITHER IN -KIND
SERVICES OR CASH GRANT TO MARTIN LUTHER KING, JR. PARADE IN CONNECTION
WITH MLK BIRTHDAY FESTIVITIES.
------------------------------------------------------------------------------
Mayor Suarez: Item 85, Martin Luther King.
Mr. Odio: We are recommending that we... all the street closures on this, but
again, I am sorry to say that we have no funds for this event.
Mrs. Kennedy: How much are you asking for?
156 November 19, 1987
Mr. Preston Marshall: What we are really requesting is a temporary closure of
the street, inkind service monetary assistance. Those are basically what we
are asking for. Well, according to your police report, we had 120,000 to
170,000 people in the staging area, not the total parade, so we are going to
need more police officers, that's why we probably... and planning of the
Police Department, we are going to need more closures of the street, which is,
you know, it is about $5,000.00 for just those alone, and whatever the other
City services cost us, and we are only asking for a small additional services.
Mayor Suarez: What did we do on it last year, and was it included in our
festival package?
Mr. Odio: It was not included in the festival package. I don't believe we
gave them any funds last year, either, did we?
Mr. Marshall: That's right, and we are in a little bit of a problem with as
many people as we have there.
Mayor Suarez: So:nds like a deficit.
Mr. Marshall: What? Yes, we ended up in a deficit.
Mr. Plummer: Yes, that is where we are.
Mr. Marshall: OK. Well, I am asking, or requesting, still, for the closure
of the streets, the in -kind and a small monetary... about $5000-$6000 monetary
for
Mrs. Kennedy: Mr. Manager, how much will the in -kind services amount to?
Mr. Odio: If it is Police Department, it is close to $9,000, because of the
size of the parade
Mr. Marshall: Because of the size.
Mr. Plummer: How much did you get from the County?
Mr. Marshall: Well, I got $20,000 plus in -kind services. We are getting
$30,000... we came up with about $32,000 for in -kind services for the Police
Department, but we are getting $20,000 in monetary to the organization.
Mr. Plummer: From the County?
Mr. Marshall: Yes.
Mayor Suarez: Obviously, we would entertain a motion on the closure of the
streets and less obviously... I, for myself would vote for a either in -kind or
cash grant within the Manager's discretionary amount, which is basically,
$4,500.
Mr. Dawkins: How are you going to give him $4, 500 when the Manager says he
hasn't got any money?
Mayor Suarez: Find it.
Mr. Plummer: Well, let's take it individually. I'll move the closing of
streets.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
157 November 19, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1046
A RESOLUTION CONCERNING THE MARTIN LUTHER KING PARADE
TO BE HELD JANUARY 18, 1988 PROVIDING FOR THE CLOSURE
OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
ESTABLISHING A PEDESTRIAN MALL SUBJECT TO 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
NECESaARY COST OF THE 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: I'll move the second part, which is either in -kind, or cash
grant within the Manager's discretion. It really comes out to be the same
thing, either way, you still have to pay the money, within the Manager's
discretionary amount which is $4,500. So moved.
Mrs. Kennedy: Is there a second?
Mrs. Kennedy: Any further discussion? Call the roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 87-1047
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PROVIDE EITHER IN -KIND SERVICES OR A CASH GRANT TO
REPRESENTATIVES OF THE MARTIN LUTHER KING, JR. PARADE
UP TO $4,500 TO COVER COST FOR CITY RELATED SERVICES
IN CONNECTION WITH THE DR. MARTIN LUTHER KING BIRTHDAY
FESTIVITIES.
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.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: We just sat here and turned down five people for money and then
all of a sudden somebody's got a pet project, which I definitely have to
i support, because it is in my neighborhood, but I don't see how we can sit here
—j and be hypocritical. Either we give money to everybody, or you give money to
nobody. Now, I am going to vote yes, because that is what it is, but let's
158 November 19, 1987
not be hypocritical, if we got money, we got money, let's give it to
everybody. If we don't have money, let's say we don't have money and don't
give none to nobody, because somewhere along the line, the voters and the
citizens think that we are crazy. I vote yes.
Mr. Plummer: The same reasons as stipulated by Dawkins. Dawkins, I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Thank you, Dr. Marshall.
Mr. Marshall: Thank you
Mr. Plummer: Excuse me, what did we give them?
Mayor Suarez: Up to $4,500 in either in -kind, or...
Mr. Plummer: We gave them in -kind up to $4,500, in -kind.
Mayor Suarez: Or cash, it is the same, up to $4,500.
67. ESTABLISH SUPPORT ON RECORD FOR "ASIAFEST 188" AND WAIVE USER FEE FOR
USE OF BAYFRONT PARK, WATSON ISLAND AND JOSE MARTI RIVERPARK. (SEE
LABEL65)
Mayor Suarez: Let's see the item on Asiafest. It works now, Doctor?
Mr. Burton Wolfe: All right, gentlemen, this is the Asiafest Video. Herb?
(AUDIO -VIDEO PRESENTATION ON ASIAFEST PRESENTED AT THIS TIME.)
Mr. Wolfe: It is a little longer, but I know you are pressed, so I will
answer your questions and share with you that the Port of Miami has pledged
$60,000 t.uward this event. The Florida Cultural Affairs Department has
offered us an opportunity for $4,000. We've raised approximately $200,000
to date, and Key Enterprises is the fund raiser that raised $60,000,000 for
the Live Aids International Concert. They are supporting this event and
raising all the money necessary for it. We come to the City of Miami for its
facility for Bayfront Park. We think it would be a perfect location and we
would be delighted to feature Miami with this event.
Mrs. Kennedy: Mr. Mayor, I think this is something that will bring in all
kinds of Asian nations. It means economic development, it means business and
trade with the Orient and I think it is a great idea. I highly recommend it.
Mayor Suarez: Sounds good. Does that imply any financial commitment? You are
not looking for one from us?
Mr. Wolfe: We are looking for the facility at Bayfront Park, and if possible,
we may put some events in Watson Island, possibly some events. Certainly the
Trade and Commerce Business Consortium will take place at the Hyatt Hotel.
Hyatt International, by the way, has pledged all three rooms for the
performing arts this coming year, so Hyatt Hotel is certainly one of the
sponsors. Air India will fly all of the performers here.
Mayor Suarez: I will entertain a motion to give them the utmost cooperation,
including fee waivers for the use of those facilities mentioned, I mean the
parks.
Mrs. Kennedy: I so move it.
Mayor Suarez: So moved.
Mr. Plummer: Just the parks?
Mayor Suarez: Just the pars.
Mr. Plummer: That's Bayfront Park.
159 November 19, 1987
n
Mayor Suarez: Bayfront, maybe...
Mrs. Kennedy: Well, maybe Watson.
Mayor Suarez: Watson.
Mr. Wolfe: Watson Island.
Mr. DeYurre: Is that one of our 30 dates, then?
Mr. Plummer: It would have to be one of our 30 dates. Well, actually, it
would be more than one, it would be four, right?... four days.
Mr. Wolfe: The Performing Arts event is four days long, Thursday, Friday,
Saturday, Sunday.
Mr. Plummer: I am assuming when we do that, Mr. Manager, you will
automatically notify the new trust, that we have notified them at least 30
days in advance, which then gives us the priority. Question. What about the
cost? We are waiving the rental, you understand that? We are not waiving the
rest.
Mr. Wolfe: Concerning the Knight Center?
Mr. Plummer: No, sir, we are not waiving security, we are not waiving
insurance, we are not waiving cleanup, sanitation, that's all your burden.
Mr. Wolfe: We were hoping that because this would feature Miami so
prestigiously throughout the world, that you would pick this up.
Mr. Plummer: Well, you thought about it, and we thought about it, and we are
_® telling you sir, we are waiving the rental.
Mr. Wolfe: Are you representing all of the Commissioners or is that your
point of view?
wS
Mr. Plummer: No, sir, I am speaking to the motion.
Mr. Wolfe: I see.
Mayor Suarez: That is what the motion is so far and in these kinds of
matters, it helps to take them one at a time, so let's go ahead and take a
vote on that. We have a motion and a second.
Mr. Dawkins: What is the motion, Madam Clerk?
Ms. Hirai: I would like it restated, Commissioner, we are confused.
Mr. Dawkins: Yes, we all are, aren't we, darling? OK, restate the motion.
Mrs. Kennedy: To show our support and waive the rent... the motion is to show
our support and waive the rental of Bayfront Park.
Mr. Plummer: And Watson Island.
Mrs. Kennedy: And Watson Island.
Mr. Plummer: Yes, I agree with that.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll on that.
160 November 19, 1907
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1048
A MOTION OF THE CITY COMMISSION GOING ON RECORD IN
SUPPORT OF "ASIAFEST 1881; FURTHER DIRECTING THE CITY
MANAGER TO WAIVE USER FEE FOR BAYFRONT PARK, WATSON
ISLAND, JOSE MARTI RIVER PARK AND CURTIS PARK (FOR
FOUR OF THE 30 CALENDAR DAYS WHICH WERE ALLOTED TO THE
CITY COMMISSION FOR USE OF BAYFRONT PARK) PURSUANT TO
REQUEST RECEIVED FROM SAID GROUP.
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: Bob, you were going to object to that?
Mr. Bob Parks: Bob Parks, chairman of the Miami River Coordinating Committee.
I just want to make a comment. Perhaps I am out of line, but I will make it
anyway. This is the kind of event that hopefully we could direct some of it
to the river in addition to being at the Hyatt. It is the kind of thing that
the Miami River, if we are going to get it back to where it ought to be,
deserves to play a part in this City, and I would hope that that motion, I
just want you to include any other parks on the river, like Jose Marti, Curtis
�i Park, any of those that you got. I can just see a number of different things
�i that we can do.
Mayor Suarez: You want to include those two ir.. case they want to take
advantage of those too?
Mrs. Kennedy: Absolutely. I always have the river at heart, yes, indeed.
Mr. Wolfe: And we see this is as a win -win situation, so anyway we can serve
the City of Miami, we are happy to do so.
Mayor Suarez: OK, well, we have to vote on that modification to the motion.
Call the roll on the modification.
(HEREINABOVE CITED MODIFICATIONS WERE APPROVED BY A UNANIMOUS VOTE OF THE CITY
COMMISSION AND INCLUDED IN M-1048)
Mayor Suarez: I think that is where it is going to end, unless somebody has
got something else that they want to proffer at this point. And I have a
feeling it's not going to happen.
Mr. Wolfe: Thank you so much. We are going to be delighted to work with you.
Mayor Suarez: You know about momentum around here, right?
Mr. Wolfe: I know it, right. Thank you so much.
Mayor Suarez: Thank you for your presentation.
Mrs. Kennedy: Thank you for your presentation.
Mayor Suarez; It looks like a very exciting event. Let's take up the park
recommendations, as long as.....
Mr. Wolfe: Could I just make one... sorry to interrupt you. I have invited
the president of the Asian -American Federation and he is here and he
represents 300,000 Asians throughout Florida and about 25,000 Asians right
_ here in the City of Miami, Mr. Nareen Sharma. Thank you.
161 November 19, 1987
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68. A. CONTINUE EXISTENCE OF PARKS ADVISORY BOARD AND MAKE CERTAIN
ADJUSTMENTS TO ALLOW COMMISSIONER DEYURRE TO HAVE ADDITIONAL INPUT ON
BOARD. B. APPROVE IN CONCEPT RECOMMENDATION OF PARKS ADVISORY BOARD
REGARDING $8.3 MILLION CITYWIDE NEIGHBORHOOD PARKS RENOVATION PROJECT
AND A REDUCTION OF THE THE TOTAL AMOUNT EARMARKED FOR VIRGINIL KEY, AND
INSTRUCT CITY ADMINISTRATION TO DEVELOP A MASTER PLAN FOR STAFFING AND
MAINTENANCE OF CITY PARKS.
------------------------------------------------------------------------------
Mayor Suarez: Item.
Mr. Plummer: Item 99.
Mayor Suarez: We're taking the Parks Report in conjunction with item 86 so we
can clarify ... I have a feeling you're not going to be in those
recommendations, but we shall see.
Mr. Plummer: From what I read in the paper, she will be, but that is phase
II.
Mayor Suarez: Mr. Fair.
Mr. T. Willard Fair: Thank you, Mr. Mayor. For the record, my name is T.
Willard Fair. I reside at 880 N.E. Palm Bay Lane, Unit 8-L. Mr. Mayor, and
members of the Commission, I come before you as the chairperson of your Park
Advisory Board. We come specifically to share with you the recommendations as
they are related to the expenditures of the $8,300,000 that we have for
capital improvements for our neighborhood parks. Before we get into the
thrust and the meat of our presentation, let me, first of all, acknowledge the
members of the board, who have worked with me, and with the staff in a very
�j diligent and enthusiastic fashion: Ann Betancourt, Esther Armbrister, Freddy
e4 Santiago, Rafael Cuza, Emilio Lopez, Anne Wilson, Al Weisberg, and the vice
chairperson, Tom Carlos. These citizens, indeed, should get a vote of thanks
and the highest contribution of appreciation that this Commission can give,
for you gave us a very tough and almost impossible task. You gave us
$8,300,000, to be divided up into capital improvement only, when we needed,
God knows, ten times that, in order to begin to do a representative job for
_ our parks system, but in spite of the limitations, we conducted a series of
public hearings throughout this community. We advertise those hearings so
that the citizens could come forth and make their contribution as to how they
thought we should spend the money for their specific cause. Based on their
input, we then went into executive session and with staff input we made a list
of recommendations that you have before you. We clearly recognize that, at
best, this is cosmetic, but we also recognize that what we have done is in
relationship to the amount of money that we had. We did not attempt to give
all of the money to the parks as they currently exist. We did leave some
contingency for we knew that, the situation being what it is, we wanted to
make sure that the Commission had some latitude to make the kinds of
adjustments that it might deem necessary, fitting and proper.
Mayor Suarez: Does that have a specific amount, the contingency fund?
Mr. Fair: At last count, it was about $600,000. Is that correct, Susan?
Ms. Susan McKay: (Off mike): Six eighty three.
Mr. Fair: Six eighty three to be exact, Mr. Mayor. We heard several
different things in our public hearings that could not be addressed as we
attempted to divide our recommendations towards the eight point three. For
those recommendations as so charged by your resolution were to be pertaining
to capital improvement only. But we heard citizens say that they were
concerned about the safety of our park system; where citizens say that they
were concerned not only about capital improvement, but about programs after we
have improved the parks; where citizens says that what they wanted to see was
` adequate staff in the parks once we have completed the capital improvements.
_i But we had to say to those citizens that as we understood the process, this
money was to be spent only for capital improvement and we also understood that
there was no additional monies anywhere to be found at this moment in the
162 November 19, 1987
4::
budget of the history of the City that could be used for those other concerns
because of our commitment and because of the quality of the concerned that we
heard from the community. You will also note that in our presentation we are
suggesting that you consider the appropriate bond issue to be generated so as
to generate the kind of dollars, the megabucks that could be used beyond
capital improvement for safety, for programming, for staff.
Mayor Suarez: Does that have an amount?
Mr. Fair: No, it does not, Mr. Mayor. I'm a social worker, I can only dream
and conceive. Someone else must put the dollar figures onto it. But clearly,
if you back the concept, I'm sure that we can work out what we can present to
the public.
Mayor Suarez: I'm glad you did because it's a lot easier to accept it in
concept than when you actually put the price tag on it, but...
Mr. Fair: Yes, well, we are prepared that once the price tag is put on it,
_ this committee is so committed that we are also recommending that we stay in
session. That we're prepared to take the leadership to go before our
neighbors and on behalf of our community, sell whatever proposition we come
forth with that can be used to make our parks better and safer. We're also
suggesting that you do not disband this committee today because we feel that
part of our responsibility is to go back to those respective communities that
came forth to make their input, to say to us that we would like to see these
things happen in our neighborhoods. And we want to make sure that as we go
forward into the future, that this committee that heard the input, will go
- back and be part of the total process. So, we'd like to stay in session if
that is possible and if another resolution is required in order for that to
happen, then so be it.
Mayor Suarez: Let me ask about that. Do we need a resolution, Madam City
Attorney to continue the existence of this committee for the moment,
indefinitely? Keeping in mind that Commissioner De Yurre has not had any
opportunity to appoint and that we may, at some point...
Mrs. Kennedy: Mr. Mayor, I agree that they should remain to supervise all of
the allocation.
Mrs. Dougherty: Yes, sir.
Mrs. Kennedy: And if it takes a resolution, I'm willing to move it.
Mayor Suarez: And then possibly if, as he's suggesting, this Commission would
contemplate a bond issue or whatever to help us in getting that through the
general public. We've been notably unsuccessful lately in getting bond issues
passed by the general - by the electorate. Do you make a motion to that
effect?
Mrs. Kennedy: I sure do.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Commissioner De Yurre, have you looked at the
composition of this board?
Mr. De Yurre (Off mike): No, I haven't.
Mayor Suarez: Let's just leave the proviso that we may have to make some
adjustments so the Commissioner can have some input into this board.
Mr. Fair: Thank you, Mr. Mayor and members of the Commission.
Mayor Suarez: Call the roll on that motion.
163
A
November 19, 1907
1
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1049
_ A MOTION DIRECTING THE CITY MANAGER TO CONTINUE THE
EXISTENCE OF THE PARKS ADVISORY BOARD FOR THE TIME
BEING; FURTHER STIPULATING THAT SOME ADJUSTMENTS MAY
BE NECESSARY IN ORDER TO GIVE COMMISSIONER DE YURRE AN
OPPORTUNITY TO HAVE INPUT ON THIS BOARD.
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.
Mr. Fair: Mr. Mayor, let me now turn the meat of the presentation over to the
staff and let me, as I move away from the podium, also take this opportunity
to commend Assistant City Manager, Jack Eads and Susan McKay and the rest of
the Parks and Recreation staff. Clearly we came to our partnership with them
with some mixed feelings for they had already made a presentation to the City
Commission and we had no idea as to how strong they were going to argue for
their presentation in spite of the public hearings, in spite of our own
individual commitments and assessments. But I'm glad to say that it was a
very cooperative and productive relationship, and what you have here now is
the collaboration between the staff and the citizens, and I think we are very
proud of it, and I would just like to, for the record, thank Jack Eads, thank
Susan McKay for cooperating and providing us with all the input that we needed
as citizens to make the best recommendations to you and the Commission.
Mayor Suarez: Thank you, I think it's a reflection on the ability of this
committee and the weight of C,.he members that the staff, I'm sure, was quite
flexible from the initial recommendations as well as their own capacity.
Mr. Fair: Thank you very much. Susan.
Mayor Suarez: Can you give us a capsule summary?
Ms. Susan McKay: The board up there represents the capsule summary up there.
Mayor Suarez: I see that you did favor Clemente Park and that, I think,
followed the strong and unanimous recommendations of this Commission - or the
prior Commission....
Ms. McKay: Yes, sir.
Mayor Suarez: ... in which I think that Commissioner DeYurre agrees.
Ms. McKay: Yes, sir.
Mrs. Kennedy: Let me ask you, Mr. Fair, does it include in Clemente Park the
purchase of the parcels and the relocation of the people also?
Mr. Fair: Yes, it does.
Mrs. Kennedy: OK.
Ms. McKay: For your information, Commissioner Kennedy, the total dollar
amount on that original proposal was about $2.1 million dollars and the board
recommended $1.8 million dollars for this so we would have to find additional
funds from another source in order to go forward with the complete project.
Mrs. Kennedy: OK.
164 November 19, 1987
Mayor Suarez: The basic reason for not having anything for Lummus Park which
is obviously in very bad shape is that there is ongoing renovation in that
area, is that the idea? Or just a...
Ms. McKay: I don't feel at liberty to speak to that. I'm sorry, I would
rather one of the board members answer that question.
Mayor Suarez: Was the discussed, the Lummus Park situation?
Ms. McKay: Yes, it was.
Mr. Fair: It was discussed.
Mayor Suarez: Or was just not as high a priority as these other ones.
Mr. Fair: But it did not get as high a priority as the other parks.
Mayor Suarez: Was part of the reason the fact that you assumed the City, in
its renovation of the North River Drive, would see fit, at some point, to find
funds elsewhere to try to do something about that park?
Mr. Fair: We made that assumption with Lummus Park as well as the park that
exists on S.W. 8th Street - is that Domino?
UNIDENTIFIED SPEAKER (Off mike): Domino Park, right.
Mr. Fair: Domino Park.
UNIDENTIFIED SPEAKER (Off and on mike): There's also one, let me just...
there's another issue that we - that was...
Mayor Suarez: Give us your name for the record, Fred.
Mr. Alfred Santiago: My name is Alfred Santiago, 3311 N. W. 2nd Avenue in
Miami. And one of the recommendations that was made and one of the facts that
really came out very clear is the fact that the Lummus Park is right next door
to the City of Miami Police Department. And it was a recommendation on the
part of the committee to get the citizens at Lummus Park to unite, or at least
in conjunction with the City of Miami Police Department, because the City of
Miami Police Department is able to utilize the park for their training program
and also can enhance the park for the community. It's so close to the Police
Department that it would definitely be in the best interests of the Police
Department to try to get that park rehabilitated with their own funds.
Mayor Suarez: Any particular activity you have in mind?
Mr. Santiago: Well, you know, they've got the Police Department needs a vita
course.
Mayor Suarez: Stables.
Mr. Santiago: They don't need stables, they need a vita course, they need the
- basketball courts, they need other training facilities there and it's right
across the street from them.
Mayor Suarez: That's interesting.
Mr. Santiago: And there's no reason why they shouldn't be able to work with
the Police Department to get their funds.
Mrs. Kennedy: Mr. Fair, another question, I visited many of these parks. I
remember Range needed a new generator in the pool, and the pool really looked
as if it needed some improvements, but yet there's no allocation for the pool.
Is it because it wasn't in such a bad state compared to the others?
Mr. Fair: But there is an allocation for the pool.
Mrs. Kennedy: Not at Range.
Mr. Fair: (Off mike): Isn't Range Park...
Mrs. Kennedy: Range Park.
M
November 19, 1987
Mayor Suarez: Can we get that clarified, Susan?
Ms. McKay: Commissioner - yes, Commissioner Kennedy, the board - we needed
over $2,000,000 in order to renovate all of the pools, and the board
recommended the $1.2 million dollars rather than the entire amount that we
needed and the department recommended that we spend money in six of the nine
pools, leaving out, I believe they were, excuse me, I believe it was Curtis,
Westend and Range.
Mrs. Kennedy: But you see, it shows you the importance of the maintenance.
Two million dollars in pool renovations. OK.
Mayor Suarez: Any - rather than getting into the highlights, unless the
Commissioners have questions, I suggest we move on. Did you want to make a
comment, Lori?
Ms. Lori Weldon: Am I to understand you that staff - well, Lori Weldon, 160
N.W. 44th Street - recommended that Range pool not be renovated when you have
had two deaths in that pool and mine too? Is that what I'm hearing? That you
think that pool is safe enough for the kids in that area as is?
Ms. McKay: That was the recommendation of staff, yes, Ma'am.
Mayor Suarez: How much would it take to renovate that pool to the point that
we would be satisfied no future accidents would take place to the extent
that's possible? What was the estimate?
Ms. McKay: $225,000.
Ms. Weldon: And I think the question is, how many more black kids must die in
=i that pool before you think it needs renovation?
Mayor Suarez: Let me ask about one other thing that might help to resolve
that. Suppose this Commission were disposed to do - to modify or change or
repeal or whatever, the allocation for Virginia Key that I see there
previously appropriated by ordinance number 10286?
}
Mr. Jack Eads: Mr. Mayor, can I make a quick comment please about Range pool?
� I believe the residents in that area appeared before this Commission prior to
this public process and finding out what was to be done and they were
requesting that a new pool be constructed.
Mayor Suarez: A whole new pool, right.
Mr. Eads: A whole new pool altogether. We've got to address that separately
from this $8,000,000 otherwise there would be very little left to distribute.
Mayor Suarez: It would do -right. It would make quite a dent in the entire.
Mr. Eads: It's not the inference and I don't want to leave Lori...
Mayor Suarez: In the meantime, is the pool going to be closed or...
Mrs. Kennedy: Yes, in the meantime, the pool cannot be used.
Mr. Dawkins: No, the pool...
Mr. Fair: Well, clearly you can see the complexity of the issue and what we
had to wrestle with as an advisory committee. If we would spend all of the
money to bring all the parks up to where they should be, then, in all
probability you'd have a report representing two parks. And there was some
debate on the committee about taking a Range Park or some other park and
making that the showcase. We decided that that was not the wisest thing to
do. We decided to look at all the parks and make some judgments about what we
could do to make them usable. And those that could not, Commissioner Kennedy,
would not be used. That is a decision that we made - a broad decision has to
be made by this Commission and that is, where do we get the additional monies
to do all the things that we know have to be done in spite of the fact that
black children are drowning at Range Park.
Mrs. Kennedy: Right, you...
166 November 19, 1987
0
4
Mayz)r Suarez: In light of that and to clarify, you've got $1.2 million
dollars for three park pools, does that mean - is my mathematics correct that
we're spending roughly... No?
Mr. Eads (Off mike): It's the other way around, all but three pools.
Ms. McKay: No, sir, it's...
Mayor Suarez: I'm sorry?
Ms. McKay: It's...
Mayor Suarez: Get close to the mike, Jack, I can't hear you.
Ms. McKay: It's for six pools.
Mr. Eads: It's for six pools, total.
Mayor Suarez: Six pools.
Mr. Eads: That chart may be a little misleading, we are...
Mayor Suarez: So it's an average of $200,000?
Mr. Eads: Yes.
Mrs. Kennedy: Well, you see, just as we have master plans for different
properties, we should have something for these parks to make sure where the
maintenance and the staffing is going to go from now on. As you said, $8.3
million dollars is nothing.
Mr. Fair: We agree.
Mrs. Kennedy: And in five years, they're going to be in the same state as
they are now.
Mr. Fair: That is correct.
Mayor Suarez: OK.
Mrs. Kennedy: And that's what we - this Commission cannot allow that to
happen, and your committee has to help us on that.
Mr. Fair: We're prepared to do that, Commissioner.
Mayor Suarez: Yes, that will be the next phase after the capital improvement
phase, that you help us with the budgeting process to make sure we find the
money to properly maintain and operate the parks. Supposing that we wanted to
=3 go back on the $250,000 allocation for Virginia Key, what would that take,
Madam City Attorney?
Mrs. Dougherty (Off mike): Excuse me?
Mayor Suarez: Supposing we wanted to take back the allocation of $250,000 for
Virginia Key, what would that take?
i
Mrs. Dougherty: A resolution.
=3 Mayor Suarez: It says ordinance up there. I guess it would be an ordinance,
— ; right? To repeal the existing ordinance?
—i
Mrs. Dougherty: There are two methods, I mean, there's two actions you have
to take; you have to repeal the ordinance and the resolution allocating the
money.
Mayor Suarez: Have we spent any of that $250,000 or commit it?
Mr. Eads: I don't believe so, Mr. Mayor.
Mr. Plummer: Well, let me ask this question, it was said at the time that we
allocated that money that that could be used as matching money against state
money.
167 November 19, 19$7
Mr. Eads: Yes, for a grant, yes.
Mr. Plummer: Has that been applied for?
Ms. McKay: I'm in the process of preparing that application now, the closing
period on that is December 31st.
Mr. Plummer: See, there's your problem. If you take away, you're really
taking away a half a million dollars.
Mayor Suarez: You're not going to take away anything as far as I'm concerned
because I can't imagine the state giving us $250,000 for Virginia Key. At
least you're going to have to do it at...
Mr. Plummer: Oh, they've already given us, what, $300,000?
Ms. McKay: They gave us $200,000.
Mayor Suarez: Yes.
Mr. Plummer: They already gave us three hundred.
Mayor Suarez: And you would be looking for $250,000 from the next legislative
session?
Ms. McKay: No, sir, this is a land and water Conservation Fund grant and it
requires a 50/50 match and the ceiling on the amount that they are now giving
away is only $150,000, they've lowered that. It used to be $500,000.
Mayor Suarez: So we have $100,000 available right there.
Mrs. Kennedy: Well...
Mayor Suarez: And we have $683,000 more in discretionary funds or contingency
funds.
Mr. Fair: That's correct.
Mayor Suarez: So that's $783,000 if you look at it that way.
— Mr. Plummer: Well, but, wait a minute, let's build a little conservatism in
here now. Contingency funds are usually based on overruns, OK? And as we
know, almost every project around this City has an overrun of somewhere
between 10 to 15 percent, and if you take this money out, you'll have no
contingency for overruns. So, I caution that if you use that contingency
money, that you must mandate to the Manager that in any of these projects,
there cannot and will not be tolerated any overruns. You know and I know by
-5 the time this work is all not going to be done at the same time, and I'm
— raising a flag of caution that say if you spend that money, you're not going
to have any money for overrun.
Mr. Eads: Commissioner Dawkins asked for a monthly report to coincide with
reports you get on Bayfront Park and you've got this committee continued on
now. Perhaps you'd want to adopt this as it is right now and give
consideration to it as we proceed through the expenditure and the
implementation of the $8,000,000.
Mayor Suarez: I would entertain a motion to approve these recommendations. I
would also entertain a motion to reduce the amounts set aside for Virginia Key
to a hundred and fifty so we have another hundred available.
Mr. Plummer: Put that in contingency. Yes.
Mayor Suarez: Put that in contingency.
Mr. Plummer: I'll move it.
Mrs. Kennedy (Off mike): I'll second.
Mr. Dawkins: Under discussion.
168 November 19, 1987
Mayor Suarez: Moved and seconded. Under discussion, Commissioner Dawkins.
Mr. Dawkins: How old is Range's pool, Mr. Eads?
Mr. Eads: All the pools in the City were built except, for Jose Marti, were
built in the 1949-1952 time frame.
Mr. Dawkins: 1949, so that makes it forty and eighty - that's almost forty
years old. So, you're talking about putting $200,000 into a pool that's forty
years old and it just - it doesn't add up. So, if you're talking in terms of
doing something, you should talk in terms of building a pool that's state of
the art and then find a way, I guess, to start renovating each pool and bring
it up to the state of the art.
Mr. Odio: Commissioner Dawkins, I think I agree with you. I think to put
$200,000 in that old pool is throwing money away.
Mrs. Kennedy: Yes.
Mr. Odio: And I think that we need to build there a pool just like Jose Marti
Park, a first class pool and we should pool our resources - the fund that...
Mr. Plummer: But what do you do with the other five pools?
Mr. Odio: I think that we can maintain them as they are and build one at a
time and then as we find funds, we build another one and another one. But to
throw away $200,000 is what we're doing, it's a real but...
Mr. Santiago: How much did the Marti pool cost?
Mr. Fair: Mr. Manager, according to your staff we're not throwing away
$200,000.
Mr. Odio: Well, once in a while we disagree.
Mr. Fair: According to your staff, the structure of these pools are basically
sound and, therefore, $200,000 would make a tremendous improvement on the
capacity of those pools to serve this community.
Mr. Odio (Off mike): I disagree.
Mr. Fair: Now, that's the information...
Mayor Suarez: Leaving out Range pool which is a separate problem.
Mrs. Kennedy: Except for the Range pool, right.
Mr. Fair: That is correct.
Mr. Odio: I know that T., but I still think that that pool is not sufficient.
I was there one afternoon with Commissioner Dawkins and they didn't even have
room to swim in, it's so small.
Mayor Suarez: Which pool are you talking about?
Mr. Dawkins (Off mike): Range.
Ms. Weldon (Off mike): Range.
Mr. Odio: Range.
Mayor Suarez: We wouldn't be doing anything on that. We wouldn't...
Mr. Fair: But, we're not talking to Range pool, we agree with you.
Mr. Odio: I was talking about Range.
Mr. Fair: OK, bu I want to...
Mayor Suarez: Oh, no, no, no, we would - everybody agrees that that one would
have to be totally...
169 November 19, 1987
wa 0
Mr. Odio: No, what I was saying is...
Mayor Suarez: ... redone at the state of the art level.
Mrs. Kennedy: By the way, have they removed the bench that was rotten in that
pool? There was a bench that was really...
Mr. Lori Weldon: When?
Mr. Fair: There ain't nobody going to give you a timetable today....
Ms. Lori Weldon (Off mike): But the thing is they didn't even allocate the
funds for the new pool. I don't know if they are going to allocate the funds
anytime soon, or they are going to let that pool remain close indefinitely.
Mr. Fair: We guarantee you, it won't.
Mayor Suarez: I don't know when, I wish I knew when, I wish I had the money
to build it tomorrow.
Mrs. Kennedy: ... I don't know if you saw it in your park tours, but it was
really dangerous, Mr. Manager, and I ask, why hasn't this bench removed and
they said because there's nobody to take it out.
Mr. Odio: A bench?
Mrs. Kennedy: A bench; all rotten...
Mr. Odio: Where Commissioner?
Mrs. Kennedy: I went with Walter Golby and...
Mr. Odio: Where?
Mrs. Kennedy: Range.
Mr. Odio: Well, somebody obviously was sitting in...
Mayor Suarez: We can add a motion to remove or fix that bench to the existing
motion on the floor. Lori...
Mr. Odio: No, what I was thinking, Mr. Mayor...
Mayor Suarez: Oh, Commissioner Dawkins, I'm sorry.
Mr. Odio: What I was thinking is taking all the monies from the other pools
and build one pool...
Mayor Suarez: We're going to try to see if we can head in that direction,
Commissioner Dawkins.
Ms. Weldon: No, no, no, I don't want that. I don't want that.
Mr. Dawkins: What happened to Williams Pool? I mean Williams Park?
Ms. McKay: There were three parks that were left out upon the recommendation
of the departmental staff. Range was one of them, Williams, to be honest with
you, I don't remember which three they were. Williams may have been the other
one because of the proximity to Gibson, it's very close to Gibson. And...
Mr. Dawkins: So what are you saying to me, that we're going to build Gibson
up to the stage where it can handle the flow of Williams and Gibson? If
you're not, what are you going to do?
Ms. McKay: We're not planning on increasing the size, no, sir.
Mr. -Dawkins: So then, how can the kids use Williams Park if we're not going
to make it usable?
Ms. McKay; We had to make a decision...
Mr. Fair: That's correct.
170 November 19, 1987
Ms. McKay: ... based on the fact that the board was only recommending $1.8
million dollars and we needed $2.5 or I don't even remember.
Mr. Dawkins: Thank you.
Mayor Suarez: Yes, the trade off had to do with that area. OK, any other
comments from the general public? Lori, very quickly.
Ms. Weldon: I just wanted to say, you're saying you're going to build a new
pool for Range?
Mayor Suarez: We certainly hope to do that.
Ms. Weldon: Hope to; in the meantime, our pool is going to be closed
indefinitely.
Mayor Suarez: It looks like it would probably - is that the recommendation of
the department in the meantime?
Mr. Eads: No, sir, we're not recommending closing any pool. We want to try
to keep every pool open. We had tremendous problems over the summer because
of the age, because of the difficulty in getting spare parts for equipment
that that's all keeping every pool open. We had problems at Westend...
Mayor Suarez: That's a very long answer to a very short question, Jack.
You're going to keep Range open for now and you're satisfied that that is...
Mr. Eads: Safe. Yes.
Mayor Suarez: Everybody seems to concur in that except that we're all very
nervous about it so, you know, he can certainly take that up at the
appropriate time which may be the next Commission meeting if we have to start
mi
looking for funds, and I think this Commission is going to be looking at those
�< contingency funds maybe.
Ms. Weldon: Well, if I remember correctly, at the last Commission Meeting I
was at, requesting funds for a new pool, you were supposed to already be doing
that.
Mr. Eads: And we have, Mr. Mayor, we've...
Mayor Suarez: Well, we're looking.
Mrs. Kennedy: Well, I'll tell you one thing I'd like to do, Mr. Mayor, right
now, is to move to have a master plan to provide the proper staffing and
maintenance once this plan is carried out.
Mayor Suarez: And we can charge this committee with monitoring that as it
gets put together so that they can advise the City. It's not really a master
plan -------, it's a maintenance and supervision master plan.
- Ms. Weldon: OK, well could...
r
Mayor Suarez: Which is the next phase of what the committee would be doing
anyhow.
Ms. Weldon: Could we get a rough timetable and estimation it would take for
you to...
Mayor Suarez: No, no, I can't give you a rough timetable because I don't have
the money in my pocket, but the staff should report back to us at the next
Commission meeting on any progress in finding funds for that.
Mr. Eads: Yes, sir, we can do that.
Mayor Suarez: It sounds like a very high priority according to this
Commission and according to the community.
Mr. Eads: Yes, sir.
-! Mayor Suarez: Ma'am.
171
November 19, 1967
Ms. Margaret Miller: Margaret Miller, 28 N.W. 4th Avenue. Miller Dawkins
will remember that I appeared before a group in 1985 and said that that area,
this Lummus Park area, had been treated with benign neglect and I'm here today
to say, it's not benign, it is malign neglect. We have already suffered a
horrible blow at the hands of the City this year and you know what 1 refer to.
_ At least if we had a park, some attention given to this park, we could feel
somewhat better about it. Now Annie Betancourt, who was on the board, she
wrote an article that appeared in the News on November 11th and one paragraph
is very interesting. She writes that after the first meeting, "I had second
thoughts about participating on the board. I felt we were being used to
rubber stamp staff recommendations and that the whole plan had been drawn up
already." I do hope that this is not true and I hope...
Mayor Suarez: Well, she's here so if she believes that, she can certainly
state it for herself.
Ms. Miller: And I do hope that in making recommendations or approving the
recommendations today, that you approve them in part or in the main with one
glaring necessary exception and that is that some monies be given to Lummus
Park.
Mayor Suarez: I have a feeling that a lot of us agree with that. Let me ask
one question, was anything specific contemplated for Lummus Park? and if so,
what amount would it be to bring it...
Mr. Plummer: No, they just said nothing because it would be in the proximity
to the Police Department.
Mayor Suarez: No, I mean do we even have any idea what amounts of money would
be needed to bring that park into some sort of semblance of looking like a
park should look?
Ms. McKay: There has been a master plan prepared by the Planning Department
that the City Commission has accepted and I believe the price tag on that is
somewhere in the neighborhood of $2,000,000.
Mayor Suarez: $2,000,000? Hallelujah!
Ms. McKay: To renovate --------
Mr. Fair: Now you understand...
Mayor Suarez: Yes.
Mr. Fair: ... Mr. Manager...
Mayor Suarez: Yes.
Mr. Plummer: What the hell improvements are they making?
Mr. Fair: ... and Mr. Mayor what we had to go through?
Mayor Suarez: Yes.
Mr. Odio: The blot she was referring to in that area, I guess, is Camillus
House. The City Commission did not vote on that, they had the right to build
—f the hotel there so, therefore, she's wrong.
Mr. Dawkins: Mr. Manager...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: ... I cannot allow you to dump that on that citizen. Staff
members assisted Brother Paul in finding a way to put his house over there.
Staff assisted him and found a loop -hole with which he could put the house
over there. Now, we did do that, OK? Thank you, sir.
Mr. Plummer: Who on the staff did that?
—i Mr. Dawkins: The Planning Department and Mr. - what's Mr. Matthew Schwartz
and that group? That's who did it.
i
172 November 19, 1987
i
Mrs. Kennedy: Overtown Park/West?
Mr. Dawkins: No, just Matthew Schwartz.
Mr. Plummer: No, no, no, I'd like to know who the responsible parties are.
Do they still work for the City?
Mr. Sergio Rodriguez: For the record, it was not the Planning Department.
Mayor Suarez: Bob.
Mr. Bob Parks: Bob Parks again, Mr. Mayor and on the Lummus Park situation, I
believe I wrote everyone except Commissioner De Yurre a letter concerning the
Miami River Coordinating Committee's position. The figure that was just
tossed out...
Mayor Suarez: You mean you didn't anticipate that he would be the new
Commissioner?
Mr. Parks: He hadn't even announced at the time I wrote it so...
Mayor Suarez: That explains it.
Mr. Parks: ... that explains it. The $2,000,000 figure...
Mr. Plummer: Hell, he announced two years ago.
Mr. Parks: ... if I'm not mistaken, includes the amount of money which you
all have already spent for the roadway, it tied together. The Planning
Department of the City came to us with a plan. It was the first plan and the
most significant step that the City of Miami has taken toward restoring the
river and, at the same time, creating a downtown atmosphere in an inner -City
park, which Lummus is.
Mayor Suarez: Bob, let me cut you off. How about going after some
substantial state funds to try to help us complete that renovation including
the spill over onto Lummus Park?
-i
-i
—, Mr. Parks: I'll go whatever you want, I mean, but I hate to see - you see
_� what you're doing by this is you're cutting - we've already funded the roadway
and you're putting a roadway through there and you're landscaping that and
then we're leaving the park area alone. Ms. Miller's got a whole separate set
of problems and she lives there, so they're much more realistic than mine.
But when you get finished with it, we've got another chopped up situation and
that, to me, is not good planning. It's not $2,000,000 the Planning
Department tells me for Lummus Park to get it done and move the Pioneer Club
over there so we can tie all that together on the river which is a first. And
I hate to see us miss the opportunity and continue to hop scotch around the
—� river and wind up with a park that we may get the money.
Mayor Suarez: Has the River Committee or have you, yourself, ever
contemplated another possibility and maybe, Mr. Manager, you've thought about
—} it too, which is to do something, at least in part of that park, that would be
private and that would generating of
capital improvements monies for
the rest
i
of the park?
i
Mr. Parks: The whole...
Mayor Suarez: I see a nodding.
Mr. Parks: Well, the
whole project,
which you all approved pproved in concept
and was
_
taken to the Governor
and brought to
you all included putting restaurants and
other facilities from
the private sector in and around the park to
generate
—
income once we got it
started and, you know, we started it and we...
—,j
Mayor Suarez: Are we
preparing any
conceptual design or any UDP or
anything
—+;
for that, Susan?
—a
Mr. Parks: Yes.
173 November
19, 1987
10 0
Ms. McKay: Yes, sir, the Planning Department again is working on that,
however, we can't go very far until we resolve the issue with the Pioneers
Club. And that's still in...
Mayor Suarez: Of the Pioneers Club.
Ms. McKay: ... that's still in negotiation.
Mayor Suarez: That's the sticking point now?
Ms. McKay: Yes, sir, there's going...
Mayor Suarez: OK.
Mr. Odio: We were negotiating with them to move them and then do something
and take over that...
Mayor Suarez: OK, well keep us advised because, obviously, until we do that,
we can't figure out if we can solve the problem of Lummus Park which is just a
horrendous eyesore.
Mr. Odio: We'll give you a status report on December loth on the Pioneer Club
and the...
Mr. Plummer: No wonder they just made me a member.
Mayor Suarez: OK, see, there's some interesting avenues there of private
funding because that is very valuable land. Mr. Fair, any further comments at
your own risk?
Mr. Fair: No, Mr. Mayor, I just want to make it very clear that I'll be
anything in this life except a "rubber stamp."
Mr. Plummer: Mr. Fair, let me ask a question because I made the statement as
I campaigned and I want to make sure that my statement is true, that in the
allocation of these monies, that we would be going across the board to
basically be bringing all parks up to a level none far exceeding the other.
Is that a fair statement that that's true in this plan that you've proposed?
Mr. Fair: That's a fair statement.
Mr. Plummer: All right, sir. Thank you.
Mayor Suarez: Any further discussion from the Commission?
Mrs. Kennedy: Yes, one more. How about a bond issue?
Mayor Suarez: Do we take that up now or do we allocate the eight point three
that we don't have yet but we hope to have and then...
Mrs. Kennedy: OK, as you wish.
Mayor Suarez: Thank you. Call the roll on the motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1050
A MOTION APPROVING IN CONCEPT THE RECOMMENDATIONS OF
THE PARKS ADVISORY BOARD REGARDING PROPOSED
IMPLEMENTATION OF THE $8.3 MILLION CITYWIDE
NEIGHBORHOOD PARKS RENOVATION PROJECT; FURTHER
APPROVING A REDUCTION BY $100,000 FROM THE TOTAL OF
$250,000 PREVIOUSLY EARMARKED FOR VIRGINIA KEY;
FURTHER INSTRUCTING THE CITY MANAGER TO DEVELOP A
MASTER PLAN FOR THE PROPER STAFFING AND MAINTENANCE OF
CITY PARKS ONCE ALL PROPOSED RENOVATIONS ARE CARRIED
OUT; FURTHER REQUESTING THE PARKS ADVISORY BOARD TO
MONITOR THE MASTER PLAN PROCESS IN ORDER THAT THEY MAY
LATER ADVISE THE COMMISSION IN CONNECTION THEREWITH.
174 November 19, 1987
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.
(SEE RELATED MOTION 87-1049).
Mr. Fair: Thank you.
69. AUTHORIZE $50,000 ALLOCATION (FROM CONTINGENCY FUND) FOR PLAY EQUIPMENT
IN ALICE WAINWRIGHT PARK.
Mayor Suarez: Miss Rosenthal, you're first in line for whatever else is
available. Not necessarily first in priority, just first in line.
Ms. Sheri Rosenthal: What just happened?
Mr. Plummer: Oh, no, I'm sure she did.
Mayor Suarez: We have approved the basic concept and we've also approved or
are looking at the possibility of as much as $783,000 being in a contingency
fund, and I don't know whether this Commission would do anything with that
contingency fund at this point, but you're certainly welcome to try for it.
Ms. Rosenthal: OK, but was the $23,000 that is allocated there? I can't see
what that board says?
Mayor Suarez: The six eighty three there and a hundred from the Virginia Key
two hundred and fifty that was initially allocated.
Mr. Plummer: No, what she's asking about Wainwright is $23,000.
Ms. Rosenthal: Thank you. I got my answer, thank you.
Mayor Suarez: Wainwright is in there for twenty-three?
Mr. Plummer: Yes.
Ms. Rosenthal: Yes. I have more.
Mayor Suarez: How come everybody told me that...zero. OK, it was just made
minor improvements, is that what they are?
Mrs. Kennedy:
Let me ask you a question.
Mayor Suarez:
And with $50,000 more that would resolve your entire problem?
- f
Jeez.
—
Mrs. Kennedy:
OK. I understand that you want a park
where the kids can play.
is
On the other hand,
Alice Wainwright always fought for
the preservation of the
hammocks and the vegetation and it's...
_—
Ms. Rosenthal:
This isn't going to endanger any of
the nature. This isn't
going to change the look of the park whatsoever and if...
A.,
Mrs. Kennedy:
It will if you put a baseball field and
you do all this...
s
Ms. Rosenthal:
No baseball field...
Mrs. Kennedy:
No baseball field...
it
�`�
175
November 19, 1987
0 0
Ms. Rosenthal:
... no football field, no soccer field, this is just...
Mrs. Kennedy:
Equipment, playground.
Ms. Rosenthal: Exactly, it will be a... but a park, it's use, if I'm
not
incorrect, is
for use, and there is a tremendous need for a park for
the
neighborhood that
surrounds that park and I can't understand...
Mayor Suarez:
I'll entertain a motion and I would vote for a motion
to
allocate $50,000
out of the contingency fund.
Ms. Rosenthal:
Thank you, if I could second it, I would.
Mayor Suarez:
And if nobody else makes the motion, I'll go ahead and make
it
myself.
Mrs. Kennedy:
OK, I'm not finished with the discussion, still.
Mayor Suarez:
I'm sorry.
Mrs. Kennedy:
Mr. Manager, is it possible to do this in an interim basis
and
find them a park
in that area?
Mr. Plummer:
They've looked.
Ms. Rosenthal:
It would cost you $30,000,000 instead of $52,000.
Mrs. Kennedy:
You don't know because...
Ms. Rosenthal:
OK.
Mrs. Kennedy: I'm asking him, please.
Mr. Odio: The only park that I can remember is next to Fire Station 4. What
is the name of that park?
Mr. Jack Eads: (Off mike): Southside...
Mr. Odio: Southside Park, that's the only...
Mr. Plummer: You also have Simpson Park but that's definitely out.
Mayor Suarez: Yes.
Mrs. Kennedy: No, that's even more difficult.
Mr. Odio: And you have Simpson which is definitely out. The only park near
that area is the one next to Fire Station Four, which is Southside.
Mayor Suarez: Southside Park.
Ms. Rosenthal: Southside Park is not our neighborhood, it's another
neighborhood, and it's...
Mr. Odio: Well, it's...
Mrs. Kennedy: What is the exact address of South...
go
Mr. Odio: Wait, wait, it's next to the Metro Rail there; between the Metro
Rail and Southwest First - I don't remember the Avenue.
Mr. Plummer: First Avenue.
i
Mr. Odio: First Avenue.
Mayor Suarez: Basically, we're talking about North Brickell here, right close
to where my...
Mr. Plummer: The one that La Liga Cancer wants.
- Mayor Suarez: Southside is just far; it's too far.
1`
176 November 19, 1987
4 0
Mrs. Kennedy: Right ---
Mr. Odio: So, it's not Brickell, but...
Mr. Plummer: No, it's not too far, same proximity.
Ms. Rosenthal: Southside Park...
Mrs. Kennedy: Same proximity.
Mr. Plummer: Sure.
Mr. Joe Wilkins: Could I, I'd like to make one point about Wainwright Park.
Mayor Suarez: Give us the name first, please.
Mr. Wilkins: My name is Joe Wilkins, I live at 228 S.W. 23rd Road, I'm vice
president of the Roads Neighborhood Association. We are also very concerned
about parks in our area, particularly Wainwright Park. I have no problem with
the development but we have a major problem in our area with the access,
particularly of children, to the park since the completion of the Rickenbacker
Causeway project. The park is virtually inaccessible to children unless they
are very, very brave.
Mrs. Kennedy: Unless they're taken.
Ms. Rosenthal: There's an underpass.
Mr. Wilkins: I would...
Mayor Suarez: Yes, the underpass is what they contemplate.
Ms. Rosenthal: You don't have to cross traffic at all. There is an
underpass...
Mayor Suarez: Under the bridge.
Mr. Wilkins: To get from where to where?
Ms. Rosenthal: ... that a lot of people are not aware of that goes... do you
know where the toll booth is?
-ti
—
Mayor Suarez:
We could put some signs to make people aware but there is an
underpass.
—`
Mr. Wilkins:
Oh, underneath.
-l;
Mayor Suarez:
Yes.
='
Ms. Rosenthal:
And you don't even have to cross any traffic.
Mr. Wilkins:
All right.
-
Ms. Rosenthal:
The Public Works Department of the County, I was in...
Mr. Wilkins:
I'm thinking more of coming from down like 25th Road.
Mayor Suarez:
Oh.
—
Ms. Rosenthal:
That is right there.
Mr. Wilkins:
Some are.
Ms. Rosenthal:
That is right there. Which side of the street are you
talking...
Mr. Wilkins:
No, no. From Coral...
Ms. Rosenthal:
... on the southeast?
P
177 November 19, 1987
?i
: 5
JO 0
-f Mr. Wilkins: Say from Coral Way just coming down 26th Road to cross across.
For the north.
Mayor Suarez: Well, we all agreed the park is not particularly accessible.
Mr. Wilkins: All right. That was just a...
Mayor Suarez: Joe, I don't - you know, there's no way around that right now.
I mean, we'd have to have incredible overpasses to get from one side of Dixie
to the other, Federal Highway...
Mr. Wilkins: Well, it was just in support of the idea of possibly...
Mayor Suarez: Every major roadway in the whole world comes together there.
Mr. Wilkins: ... of possibly looking for more accessible park land in the
neighborhood, that was the point. Thank you.
Ms. Rosenthal: I did speak with Mr. Hernstadt, I believe his name is, from
the County and the Public Works Department, and they were very, very firm and
that they would not recommend the overpass. They fell, that children would be
up above throwing the rocks down at the cars and that as long as there is
another access to an area, they do not use the overpass. So, that access ramp
to go from the underpass...
Mayor Suarez: You might try to get the County to put some signs for the
underpass so people know that it's there.
Ms. Rosenthal: Fine.
Mayor Suarez: I'll stick to my motion.
Mrs. Kennedy: OK, what is the recommendation of the Parks Department?
Ms. Rosenthal: Wainwright Park.
Ms. Susan McKay: We had looked at all the requests that Mrs. Rosenthal had
made and had a cost estimate put on them and the total cost estimate for the
capital improvements was $63,000. Now, that includes a playground at either
end of the park, it includes a multi -purpose court, and it includes a wooden
walkway or ramp that will give direct access to the park from the underpass
right now which there isn't because the County put rails in there. The money
that this motion provides the additional that this motion provides can be used
for all those capital improvements, but it still doesn't address Mrs.
Rosenthal's request for additional staff and everything. And at this point in
time, in our budget, it would be very difficult to provide that.
Mrs. Kennedy: See, I share this gentleman's concern that just spoke, kids are
not going to use the underpass. They're going to run out into the street and
they're going to get killed.
Ms. McKay: That was a concern of the Department was that that underpass does
tend to have undesirables hanging out in it and there was concern expressed
about potential liability and we would - if we provided access from that end
of the park in order to protect the City liability wise, you know, we would
virtually have to put additional staff in that park to provide supervision at
that end of the park because it's so remote from the main entrance.
Mayor Suarez: Any further discussion from the Commission? We have a motion.
Madam Vice Mayor, you can handle the motion because it's my motion.
Mrs. Kennedy: What did you move, Mr. Mayor?
Ms. Rosenthal: Before you take a vote, I'd really like to say what I have to
say.
Mayor Suarez: At your own risk.
Ms. Rosenthal: Well, I'm afraid that it's going to go negatively and I'm
going to take that risk. I think it's important to understand, and I
understand what you're saying as far as the childrens' safety crossing the
highway. There are people here, in fact one of the kids that's here was going
178 November 19, 1987
to speak, he goes around the area and he, at this time where he plays, is
downtown Miami in the empty parking lots of the buildings, of the office
buildings. When they go bike riding or he goes on his skateboard, he goes
through the underpass. They do use the underpass and this is - our children
are not that crazy, the traffic that comes across there is not slow and
there's no saying that a child isn't going to ,dart across Brickell Avenue or
Coral Way or S.W. 8th Street. There's no guarantees in life, but they do know
that that underpass exists and they know that the park is there, but the park
is very closed. You cannot see what's inside of that park until you're in it
and at that point, it's too late. And the reasons why we need to have
supervision there is for that reason alone. If there isn't anyone in there,
no one is going to feel comfortable, a) going in by themselves if there isn't
a program set there, and the people across the street when they heard - that
live across the street from the park, when they heard what we were doing, were
very excited because they, themselves, have little children and don't use the
park because they don't know what's inside. And I appreciate your concerns
but please understand that these kids need a place to go. They have a parking
lot and concrete to play in right now and it's just not fair. And I feel that
I have done all my homework, I have talked to everybody that I possibly can
and, as I have felt from the very beginning, it is you Commissioners and the
Mayor's position to make the decision and no one elses. And I feel that time
is of essence and here we are, we've asked on several occasions and would
really appreciate you taking into consideration where we have to live and what
we have to do. Thank you.
Mrs. Kennedy: There's a motion on the floor. Is it duly understood? The
motion is to give them $50,000 out of the contingency fund. Is there any
further discussion? Call the roll.
Mayor Suarez: Don't have a second.
Mrs. Kennedy: Yes, we do have a second.
Mr. Plummer: Who seconds?
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 87-1051
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE $50,000 (FROM THE CONTINGENCY FUND) FOR NEEDED
PLAY EQUIPMENT IN CONNECTION WITH THE OPERATION OF A
SUPERVISED PARK PROGRAM IN ALICE WAINWRIGHT PARK.
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
Mayor Xavier L. Suarez
NOES: Vice Mayor Rosario Kennedy
Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS DUWNG ROLL CALL:
Mr. Dawkins:
As much as
I want to support this, I feel that there's money
available, Mr.
Manager, as
developers came before us, they volunteered money
into parks and
recreation.
What's the amount of money in that fund now?
Mr. Odio: I
need to find
out, Commissioner, because we had, I remember the
tennis center
in that park
and we did that. I have to find out the status on
that - Sergio.
I'll have to
check.
Mr. Dawkins:
Is money - Yes, yes.
Mr. Plummer:
I'm going to
vote no at this time and the reason for it is not
because of Wainwright and
I'm not saying I won't change my vote later. But
-,
I'm petrified
to touch that
contingency fund. I really am. Once we get
179 November 19, 1987
4 0
accomplished what we have and made promises including Wainwright, then I would
feel differently, but knowing what I know of how the City operates, that's not
going to be enough money in the contingency fund. And here we are, taking the
money from the contingency fund and once you do, I'm scared you're not going
to stop. I might later vote for it, but at this particular time I've got to
vote no to stick with the plan.
Mrs. Kennedy: For all the reason stated and, again, I may change my vote, but
also for the sake of the children who might cross and not use the underpass,
I'm going to vote no at this time.
FOLLOWING COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: That finishes the roll call?
Ms. Hirai: Yes, sir.
Mrs. Kennedy: It passed.
Ms. Hirai: It passed, three to two.
Mr. Plummer: Three to two.
Mrs. Kennedy: It passed, three to two.
Mr. Plummer: Yes.
Ms. Rosenthal: Thank you all very much. I appreciate it and so do the
children.
Mr. Dawkins: No, it's not your fault, it's this Commission's fault, OK? This
Commission is the one who sat here and gave variances to the big developers so
that they could develop Brickell Avenue, and as they developed Brickell Avenue
and the condominiums and etc., we did not demand that they have any playground
area and space for kids to play in. So therefore, when you bought your
condominium, there was no play space and it's our responsibility since we were
generous with the developers to help provide it.
Ms. Rosenthal: Thank you very much. We all appreciate that.
Mayor Suarez: Thank you Sheri.
NOTE FOR THE RECORD: Item 87 was withdrawn.
70. CONTINUE CONSIDERATION OF FUNDING REQUEST FROM COCONUT GROVE LOCAL
REDEVELOPMENT CORP. FOR ACQUISITION OF CERTAIN PROPERTY AT GRAND AVENUE
AND DOUGLAS ROAD; DIRECT CITY MANAGER TO BEGIN NEGOTIATIONS FOR SAID
ACQUISITION, SCHEDULE MEETING WITH AREA RESIDENTS, AND REPORT TO
COMMISSION WITH COST AND FUNDING INFORMATION.
-----------------------------------------------------------------------------
Mayor Suarez: Item 88, Coconut Grove Local Development Corporation.
Mr. Dawkins: Mr. Mayor, I've been approached by citizens of this area and
they would like for a meeting to be called with Pinkey Sands and their
department pulling together a meeting and hear from the citizens and then I'll
bring it back, and I'd like to have that meeting called and I'd go to it and
report back to the Commission and let the Commission know be the general
consensus of those citizens, so I move that this continued until the next
meeting, regular meeting.
Mayor Suarez: So moved. I know a presentation was made to me, Dave, that
you're probably aware of indicating that a preferable alternative might be to
try to bring that community center from, what's it called, the...
Mr. David Alexander: The Human Resources Center, I was...
Mayor Suarez: Human Resources Center from U. S. 1 and Dixie with the County
agreeing to do that so we get a little more movement in that corner. It's an
interesting concept.
ISO November 19, 1987
4 0
Mr. Alexander: The meeting was - I was informed of the meeting today. I
didn't know that had taken place, Mr. Mayor. We understand...
Mayor Suarez: You have plenty of chance to counter whatever arguments they
made.
Mr. Alexander: We understand that there is some concern over that particular
proposal, but that's not why we're here today. We're here today to request
funding for the acquisition for development control of the two existing
corners other two existing corners So...
Mayor Suarez: I gather the Commissioner, though, wants to defer so that all
of this can be aired before we go ahead and approve the money for the
acquisition. Is that...
Mr. Dawkins: Yes, that's...
Mr. Plummer: Well, let me ask you, first of all, how much money are we
talking about, Dave?
Mr. Alexander: $270,000; $50,000 of which has already been set aside for the
Coconut Grove Community from the Off -Street Parking fund.
Mr. Plummer: All right, Mr. Manager, do you have the money? Where would, if
the Commission instructed you today...
Mayor Suarez: It's community development monies, right?
Mr. Odio: For next year's allocation.
Mayor Suarez: Yes.
Mr. Odio: I mean, right now, we don't have the money but the CDBG...
Mr. Plummer: Well...
Mr. Odio: ... process begins in April so.
Mr. Plummer: Let me ask Commissioner Dawkins, regardless of what the plan is,
is it not we're going to have to acquire the property regardless of what plan
goes in there? What two parcels would this be?
Mr. Alexander: We are talking about the two parcels at the corner of the
Grand Avenue and Douglas intersection.
Mr. Plummer: Which two parcels? Either one of them the bar?
Mr. Alexander: Southwest, southeast.
_ Mr. Odio: The ones that are vacant now. You know...
Mr. Alexander: One is vacant now and one is an existing building with a small
-- piece of county owned property beside it.
Mr. Plummer: Is either one of them the bar?
Mr. Alexander: Yes, sir.
Mr. Plummer: And we have a chance to buy the bar and put it out of business?
Mr. Alexander: As a matter of fact, we have come very close to a negotiated
price on it.
Mr. Plummer: Mr. Manager?
{ Mr. Odio: Yes, air.
1
-' Mr. Plummer: Have you had an appraisal done on this property?
j Mr. Odio: Not to my knowledge, I don't believe we have. We can go ahead and
start...
181 November 19, 1987
jo 0
Mr. Plummer: Well, let me understand so there's no misunderstanding later.
When this money is spent, it is going to be in the ownership of the City of
Miami, the parcels?
Mr. Alexander: The Coconut Grove Local Development Corporation, sir.
Mr. Odio: No, no,no.
Mr. Plummer: Well, no...
Mrs. Kennedy: Not the City of Miami?
Mr. Odio: It'll be their property.
Mr. Alexander: We requested the funding to acquire for developmental control,
as you know, we have reached agreement with The Grovites United To Survive, to
develop their two existing properties. To develop those two properties in a
y vacuum without controlling the other two sites would endanger the future
w benefits that we could produce.
Mr. Plummer: No, I'll tell you, my problem is, is I have no problem with you
having control of those properties, but as far as ownership of those
1 properties, it's got to be vested in the City of Miami. I don't see how else
i you can do it.
f
ti Mr. Alexander: Well, one of the reasons that we're asking to do this,
Commissioner, is so that the LDC can build an equity base...
Mr. Plummer: Fine.
Mr. Alexander: ... and that the LDC can, in fact, develop the site.
Mr. Plummer: And we can enter into a long term lease. But, as far as the
ownership is concerned, I - it was not my understanding that the LDC would own
the property at any time.
Mr. Odio (Off mike): Oh, yes.
Mr. Plummer: What are you saying, oh yes?
Mr. Odio (Off mike): We always understood that they would --------
Mr. Plummer: Well, the only point that I was trying to make is this,
understanding that Commissioner Dawkins has had a proposal that he feels
warrants further looking into. she price of the property is not going to go
down, and if we have the chance to acquire that property for somewhere near
this amount of money, even if it is to be given over, still we need to acquire
it and do it as quickly as possible.
Mr. Alexander: Mr. Plummer, I agree, sir.
Mr. Plummer: And I would move at this time... Commissioner Dawkins, do you
have any problem with acquiring the property?
Mr. Dawkins: Recommendation: The Department of Community Development would
offer technical assistance to this organization and will assist them in
obtaining financing. It didn't say nothing about providing the money.
Mr. Plummer: Well, I think the financing would be for them to build on the
thing, not to acquire.
Mr. Odio: Yes, but we will help them obtain financing from an outside source,
we were not...
Mr. Dawkins: Well, how are you going to acquire it? Where are they going to
get the money to acquire it from?
Mr. Plummer: Community Development is what I just heard.
Mr. Alexander: Yes, sir, 450,000 is already set aside for the community.
182 November 19, 1987
r 6
Mr. Dawkins: You can't buy it for $50,000.
Mr. Plummer: No, $200,000.
Mr. Dawkins: Well, where's your other $150,000 coming from, J.L.?
Mr. Plummer: It's community development, is that correct?
Mr. Odio (Off mike): It would have to be from next year's --
Mr. Plummer: Next year's allocation.
Mr. Odio: Right?
Mr. Plummer: OK, all I'm saying is, if we got the chance to put one...
Mayor Suarez: You don't want to stop the negotiations.
Mr. Plummer: Exactly, and I can put one of those bars out of business, so be
it.
Mr. Odio: I was just been told also there is a lease in one of those places
for fifty years that we would have to...
Mr. Alexander: Fifteen years, there's a fifteen year lease.
Mr. Odio: ... that we would have to buy out. So, is that considering the
total...
Mr. Alexander: Yes, when we did the numbers, Commissioner Plummer, we looked
very carefully at the contracts that existed in the buildings. The bar has
two five year options and a five year lease currently. The problem is, the
owner is out of town so if any opportunity were to present itself to cancel
this lease, we feel that the ownership, if vested outside of the community,
® would not seek redress.
Mr. Plummer: Well, then, let me change it because obviously, these numbers
are not rock bottom. I would make a motion at this time that the Manager be
instructed to go about the business of finding out and even entering into
negotiations, on the four parcels of that intersection.
Mr. Alexander: On the two parcels or the four, sir?
Mr. Plummer: Four, he can limit it to two or one or three or all.
Ms. Esther Mae Armbrister: Wait.
Mr. Plummer: But I would like to see the Manager, OK, you can have your say.
Ms. Esther Mae Armbrister: OK.
Mr. Plummer: I would like to see the Manager start the process now to find
out what we're really talking about in the way of what the cost factors are
going to be and what we can do and where the money is going to come from. The
price of the property is not going to get any cheaper. I would so move, Mr.
Mayor.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. You have any problem with that, in the way
it's phrased?
Mr. Plummer: Now, she'd like to be heard from.
Ms. Esther Mae Armbrister: Yes.
Mayor Suarez: Ms. Armbrister.
Ms. Armbrister: My name is Esther Mae Armbrister. I live at 3350 Charles
Avenue, Coconut Grove. I am also the chairman of the housing task force in
Coconut Grove, CAACED. On the southwest corner of Grand and Douglas is a
vacant lot. The property he's talking about is vacant. Further down the
183 November 19, 1987
street, one block away from where he's talking, is Tucker Elementary School.
There are 500 children who pass to and fro each day and they have to fight
that light right on the corner to get by. Even when the parents are with
them, they are dragging the children. They don't have anybody there, a guard
at all. Now, as far as I'm concerned, to the Mayor and Commissioners and
everybody else is concerned in this room who has any authority at all, I would
suggest like the other people in Coconut Grove, you - I know they don't pay
you enough money, I don't know why they don't raise your salary with the time
you have to spend down here listening to us, but I would suggest that there be
a meeting with the LCD and with the CACED and with the homeowners in Coconut
Grove and you get everybody together so they won't try to separate and divide
because this is what is happening. Because as far as I'm concerned, LCD isn't
doing anything in Coconut Grove, all they want to do is acquire, acquire,
acquire, acquire, acquire and they don't have any plans. They brought some
plans out there - they look like some school kid drew the plans, that they
intend to build on the corner southwest. Now...
Mayor Suarez: Well, I'm a little confused. I thought that was precisely the
kind of forum that. Commissioner Dawkins was proposing would be held in un...
Ms. Armbrister: Right, so that's why I'm saying, wait, if you don't mind...
Mayor Suarez: Under his supervision.
Ms. Armbrister: I wish you would defer this whatever you're going to do until
you have a meeting with those persons, those organizations concerned because
what is happening here now is separate and divide.
Mayor Suarez: I'm not sure one contradicts the other, do you?
Mr. Plummer: It doesn't contradict what I'm saying.
Ms. Armbrister: That's what it is.
Mr. Plummer: Let's get the property in City ownership. Let's put some of
those bars out of business.
Mr. Alexander: Mr. Commissioner, if I may, sir.
Ms. Armbrister: Mr. Plummer, that is not what...
Mayor Suarez: Wait, wait.
Ms. Armbrister: ... I'm talking Mr. There's only one bar on the corner and
that is on the north...
Mr. Dawkins: West, west.
Ms. Armbrister: ... northwest side.
Mayor Suarez: That's the one we're talking about.
Mr. Dawkins: That's not the one he's going to buy.
Mayor Suarez: No?
Ms. Armbrister: That's that bar. Now, the only other bar you have is way
down - you don't have any more bars on the corner - no more bars on the corner
but just that one.
Mayor Suarez: That's not the one you were talking about?
Mr. Plummer: What about Gil's Spot?
Ms. Armbrister: Gills Spot, huh?
Mr. Dawkins: But, see, Gil's Spot was on the...
Mr. Alexander: This is the new Gills Spot that we are discussing. If I may,
let me say that I think Mrs. Armbrister misspoke.
Ms. Armbrister: No, I didn't.
184 November 19, 1987
40 0
Mr. Alexander: The bottom line is, gentlemen, ladies, Coconut Grove LDC has
the solid support of this community for the acquisition of these two pieces of
property. We have to present into evidence, if requested, letters of support
from the Coconut Grove Homeowners and Tenants Association, from the Coconut
Grove Negro Womans' Club, from the Westend Jaycees of Coconut Grove, from the
Coconut Grove CAACD Advisory Board of which Mrs. Armbrister was the only
dissenting vote...
Ms. Armbrister: Because you didn't tell the truth.
Mr. Alexander: We have a letter from the Chamber of Commerce of Miami - of
Coconut Grove. We have a letter from the PTA from Francis S. Tucker
Elementary School. We have a letter of support from the Golden Years Club,
the senior citizens. We have a letter of support from the Coconut Grove
Garden Club, we have another letter of support from the Percivel Avenue Garden
Club and we have 49 letters of individuals support from members of the
community. To say that we have not discussed our process here and to say that
we have not met with the community and gotten their support is inaccurate at
this time. I might point out that if we leave this room without having the
Commission's approval for acquisition, the price is going to go up. I mean,
let's face it, the day we go public with this...
Mayor Suarez: Well, we don't know that. Dave, we don't know that. If you
step away from a proposed purchase sometimes that lowers the price because
they think you're not going to buy it from them. So we don't really know
that, but we do have a motion on the table which the City would proceed to
acquire and then we're going to have the forum, at least for myself, I would
like to have the forum that Commissioner Dawkins is proposing before we do
anything else further. I don't see - I don't see...
Mr. Plummer: It's down the road.
Mayor Suarez: Yes, I don't see where the two are in contradiction, I really
don't.
Mr. Alexander: Mr. Mayor, Mr. Bailey would also like to address Commissioner
Plummer's concern about the title of the property.
Mayor Suarez: Well, if it's necessary, Herb, what...
Mr. Herb Bailey: I just wanted to say, Mr. Mayor, we will bring all of the
concerned parties in the community together. We will meet and we will try to
work out a process by which everybody is in agreement as to how we proceed.
We also have to bring in some private investments and we're working on that.
In regards to the property that the LCD buys, the contract they have with the
City specifies that if for some reason or another, they go out of business,
the property reverts back to the City's ownership.
Mayor Suarez: Well, in this case right now, they're not even going to get the
property because the City's going to acquire it in it's own name so...
Mr. Bailey: We're going to buy directly and at the time of development, we'll
dispose of it.
Mr. Plummert Hey, we can enter into any kind of agreement. We can't do a
damn thing if we don't have the property.
Mayor Suarez: Right.
Mrs. Kennedy: Right. David, I'll be very interested in cleaning up that
area. Call me later and we'll get together and see if we can put together a
group of investors.
Mr. Alexander: Thank you, Commissioner.
Mayor Suarez: Can we build both of these motions into one motion?
-t Mr. Dawkins: Yes.
Mr. Plummer: Fine.
'i
185 November 19, 1907
Mayor Suarez: OK, so moved and seconded. Calling for the forums and calling
for the City to proceed to the acquisition, if possible. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1052
A MOTION TO CONTINUE CONSIDERATION OF A FUNDING
REQUEST FROM THE COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION FOR ACQUISITION AND REDEVELOPMENT OF FOUR
PARCELS AT THE INTERSECTION OF GRAND AVENUE AND
DOUGLAS ROAD; FURTHER DIRECTING THE CITY MANAGER TO
IMMEDIATELY BEGIN STEPS AND EVEN ENTER INTO
NEGOTIATIONS IN CONNECTION WITH THE PROPOSED
ACQUISITION OF SAID FOUR PARCELS, AND THAT
CONCOMITANTLY THEREWITH, A MEETING BE HELD BY THE
ADMINISTRATION AND THE AREA RESIDENTS SO THAT THE
COMMISSION MAY HAVE THE BENEFIT OF THEIR INPUT; AND
FURTHER REQUEST THE CITY MANAGER TO REPORT BACK TO THE
CITY COMMISSION WITH COST FACTORS AND SUGGESTED
FUNDING SOURCES IN CONNECTION WITH THIS PROJECT.
Upon being seconded by Commissioner Kennedy, the ;notion 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. Alexander: Thank you.
Ms. Armbrister: Thank you.
Mayor Suarez: Thank you, Mrs. Armbrister.
71. PROVIDE FOR CLOSURE OF DESIGNATED STREETS FOR A GRAND OPENING ON
NOVEMBER 21, 1987, SPONSORED BY MIAMI-INTER-DESIGN.
Y ------------------------------------------------------------------------------
Mayor Suarez: Item 89, Miami Inter Design.
Mr. Odio: We recommend it. They are not asking for any funds.
Mr. Plummer: Move it.
Mayor Suarez: OK.
Mr. Dawkins (Off mike): Second, second.
Mayor Suarez: Non -controversial, recommended, moved and seconded. Any
discussion? Call the roll. You're so eloquent today, Charles.
UNIDENTIFIED SPEAKER: I'm sorry.
Mayor Suarez: You're eloquent today.
-i
— UNIDENTIFIED SPEAKER: Yes, OK. Everything OK?
j Mayor Suarez: Particularly if you don't say anything.
-3 UNIDENTIFIED SPEAKER: Oh, OK.
t
186 November 19, 1987
Mayor Suarez: Call the roll.
UNIDENTIFIED SPEAKER: I just wanted to change, excuse me, Mr. Mayor...
Mayor Suarez: Oh, you want to change something.
UNIDENTIFIED SPEAKER: ... it's the - we made an error, instead of 5:00 p.m.
to 1:00, it's 3:00 p.m. to 1:00 o'clock.
Mayor Suarez: 3:00 to 1:00. Any problems with that? Otherwise, call the
roll.
UNIDENTIFIED SPEAKER: Thank you very much.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-1053
A RESOLUTION CONCERNING A GRAND OPENING TO BE HELD BY
MIAMI-INTER DESIGN ON NOVEMBER 21, 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 ALL NECESSARY COSTS
OF CITY SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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.
72. AUTHORIZE CITY MANAGER TO PREPARE NECESSARY DOCUMENTATION FOR FUNDING
REQUEST FROM CAREY TECHNICAL INSTITUTE, INC., (CTI) TO IMPLEMENT THEIR
JOB PLACEMENT PROGRAM AND DESIGNATING COMMISSIONER PLUMMER AS LIAISON TO
INVESTIGATE POSSIBLE FUNDING THROUGH STATE SPONSORED PROJECT
INDEPENDENCE PROGRAM
Mayor Suarez: Item 90, Mrs. Range, former Miami City Commissioner. I'm sorry
not to have recognized your presence here. I guess we all knew you were here.
I've also seen State Representative Alberto Gutman and Lincoln Diaz-Balart.
Mrs. Range.
Ms. Athalis Range: Thank you very much. For the record, my name is Athalie
Range. I reside at 5727 N. W. 17th Avenue in the City of Miami, Florida. I'm
here on behalf of the Carey Technical Institute. I'm a member of its Advisory
Board. The Carey Institute's main goals are to train individuals according to
their own capabilities to be competent workers, therefore, enabling them to
obtain employment and advancement in their careers according to their
abilities, skills and interests. The reason for my being here today is that
the Carey Institute has gone forth and sought and gotten a portion of the'Pell
Grant. That is a grant which allows students to go to school and to fit
themselves for employment. Nevertheless, the grant does not provide for the
job placement of the students and there is a need for a small grant from the
City of $50,000 in order to employ the persons for the grant. Nov, Mr. City
187 November 19, 1987
Manager, this isn't parks. This isn't parks this time, this is for a very
needed item which is education, and I'm sure you'll all agree with me on that.
We need the $50,000 for three consecutive years for the compensation of two
job placement officers. I will not further elaborate because this is
precisely what is needed. I see we have one of the staff who is here, and I
don't know whether he wishes to add to this or not, but we'd be most grateful
for your participation.
Mr. Guillermo Haro: For the record, I'm the president of Carey Technical
Institute of Florida. My name is Guillermo Haro, and I couldn't put into
better words than the lady just said about the things that we came here for
today in front of this Commission.
Mayor Suarez: What's the Manager's recommendation and where would the funds
come from assuming that it's a positive recommendation?
Mr. Odio: The Neighborhood Jobs Program periodically refers clients to the
Carey Technical Institute, in addition to Lindsey Hopkins and other technical
institutes. Funds are not available to assign full time job developers, nor
to provide actual cash for the same. We have to recommend that the Carey
Technical refer participants to the City's Neighborhood Jobs Program for
placement, and if demand is warranted then one staff person could be assigned
there one day a week. We do not have any funds available.
Mayor Suarez: Commissioner Dawkins. No?
Mr. Dawkins: Wait. I'm going to wait until you all get through.
Mr. Plummer: Let me ask a question. Dawk... did you want to say something?
Mr. Dawkins: No, I'm waiting.
Mr. Plummer: Mr. Manager, where do we stand with the City's program of job
placement? Are we meeting 100 percent our goals?
Mr. Odio: I'll have to get you a report on that.
Ms. Francena Brooks: We're on target.
Mr. Plummer: Didn't answer my question, are we 100 percent on target?
Ms. Brooks: I don't have the specific figures, those I would have to get for
you.
Mr. Plummer: How many clients have you served this year?
Ms. Brooks: I'll have to get those figures. Our contract went into effect in
July which puts us about four months into it and we know that we're on target,
but I just can't give you the right figure, the correct figure. We're
contracted to serve 265 persons with positive placements and proportionately,
we're on target.
Mr. Plummer: OK. I guess the question I'm asking, Mr. Manager, is if one of
those persons in that staff could be made available?
Mr. Odio: Once a week.
Mr. Plummer: Well, not necessarily once a week, as needed because that way we
could still take...
Mr. Odio: Fine.
Mr. Plummer: ... credit for in our program.
Mr. Odio: OK. That would relieve - yes, that would rough. OK, yes.
Mr. Plummer: How many job placement officers do you have?
Ms. Brooks: We have - well, we have actually four actual placement officers.
Mr. Plummer: OK. Do the students of the Carey Technical Institute qualify
for the quotas?
M November 19, 1987
40 0
Ms. Brooks: Some of them probably could. I'm sure they probably could. We
refer people to them now when training is needed and, conversely, they could
refer people to us to place them in jobs.
Mr. Plummer: For the placement.
Ms. Brooks: Yes. In addition to the grant that we get from the P.I.C....
Mr. Plummer: Yes.
Ms. Brooks: ... which is the one you have reference to, we also do direct
placements with employers not paying the job subsidy. So we would be willing
to work with them in helping to place them.
Mr. Plummer: Wouldn't that, I think, Mrs. Range, wouldn't that really what
you're looking for?
Ms. Range: Mr. Mayor, I would say that it is partially what we are looking
for. I think we have to take into consideration, however, the fact that
$2,100 will be coming to each of these for the education of these students who
qualify for the Pell Grant. One of the problems we have had throughout our
community is that students are, at least young people, are encouraged to go to
school to get trades and skills, and then when these skills have been
attained, because there are no persons to follow closely and see to it that
these people are employed, then it becomes a very discouraging thing for them
to have gotten the training and then to have to go back to the unemployment
line.
Mr. Plummer: Well, but the benefit here, Mrs. Range, under this program of
job placement with the City, that program has the availability of offering to
owners of businesses up to, what is it now, forty percent?
Mr. Odio (Off mike): Forty percent.
Mr. Plummer: Forty percent of what they would pay the student in
participating over the period of anywhere from thirteen to twenty-six weeks.
UNIDENTIFIED SPEAKER (Off mike): As much as.
Mr. Plummer: As much as twenty-six weeks.
Ms. Range: Um humm.
Mr. Plummer: See, here's the problem, if we gave you the money and you gave
to job placement personnel, they do not qualify for reimbursement to the
employer. Whereas, if we do it in-house, you have a better incentive for an
employer to hire someone because he will get 40 percent of that money back and
I think if the bottom line, which it is, is to hire - get these students in
the mainstream of business...
Ms. Range: That is correct.
Mr. Plummer: ... there is no question in my mind that if I was an employer
and I need a person for that and I can get 40 percent of his salary back, I'm
going to hire that person over somebody else. I think it's worth trying.
Ms. Range: Commissioner Plummer, just before I answer your question then, I
would like if you would allow us to refer or defer to the staff...
Mr. Plummer: Sure.
Ms. Range: ... of Carey Technical Institute and get their opinion on it,
please.
Mr. Haro: Commissioner Plummer, my main concern is the amount of the
students. We're talking about over 400 students, and we are afraid that the
City, using part time like you said...
Mr. Plummer: Well, I don't agree with part time, sir.
Mr. Haro: How many days we'll be able to...
189 November 19, 1987
0 0
Mr. Plummer: I would have no problem meeting the quota through this entire
situation. I mean, if you know that being told right now that we're on
target, is the first time in a long time, sir. Now, we only have a total of
206 - 260 positions? So, you know, I say fill those up and if we can fill
those positions up, then come back if all are full and ask for a job
placement.
Mr. Haro: Well, but...
Mr. Plummer: But you're helping the City by doing that by the way, sir.
Mr. Haro: Thank you.
Mr. Dawkins: Mr. Castaneda...
Mr. Plummer: Remember - excuse me - remembering if we don't meet our quotas,
we've got to reimburse.
Mr. Dawkins: Mr. Castaneda, some group was here this morning and we suggested
to them that they apply for next year's City funds. What group was that? We
told somebody that in December there'd be another round of money and to come
back... What?
Mr. Odio: Wasn't that the Chamber of Commerce with Lori...
UNIDENTIFIED SPEAKER (Off mike): Lori Weldon.
Mr. Odio: Lori Weldon.
Mr. Dawkins: OK, well what's wrong with Carey Tech applying for $60,000 out
of the next C.D. funds?
Mr. Odio: No problem.
Mr. Dawkins: OK, now, in the meantime, the Governor, Mr. Color and Mr.
Menendez has a project called "Project Independence". Why can't someone from
this Commission go to Tallahassee and talk with Mr. Menendez and tell him that
we need - how much money to get you through until March? For the two people?
Because it will be about March before the C.D. funds come through, right Mr.
Castaneda?
Mr. Frank Castaneda (Off mike): ...July...
Mr. Haro: Commissioner Dawkins.
Mr. Dawkins: Beg your pardon?
Mr. Odio: We start the process in March, April and they becoming effective,
effective July, yes.
Mr. Dawkins: Be July? All right, so six months, we're talking about six...
Mr. Haro: Half a year which would be about $25,000.
Mr. Dawkins: So, why can't somebody, one of us go to Tallahassee and request
$25,000 from that Project Independence program because the Project
Independence program is supposed to be putting people to work. So why can't
we - is that acceptable to everybody up here?
Mr. Plummer: Commissioner Dawkins, I am right now trying to get an
appointment with Commissioner Color either Monday, Tuesday, or Wednesday on
another matter, and if somebody would prepare the document, I would be glad to
take it and present it when I'm there.
Mayor Suarez: No problem at all with the proposal, and I have a feeling we
can put enough pressure on the Secretary of Labor.
Mr. Dawkins: To get the twenty-five thousand.
Mr. Haro: $25,000, Commissioner Dawkins.
190 November 19, 1967
j
-' Mr. Dawkins: OK, all right, in the event that we don't get the $25,000, come
I back in December and let's see what we can do.
_ Mayer. Suarez: OK?
{
Mr. Dawkins: OK.
fMr. Haro: OK.
Ms. Range: In the event you do get the $25,000, does that mean that that
carries through for a half -year...
=r
—' Mayor Suarez: Yes, and we'll be...
Ms. Range: ... and then the other funds will become available.
Mayor Suarez: From the community development block grant fiscal year, which
begins in July 1.
Ms. Range: Very well.
Mr. Dawkins: Yes, ma'am.
Mr. Plummer: But, Mr. Manager., now we have to have your assurances that you
will be placing someone of those jobs program immediately with them to start
getting that program started and, if necessary, I would have no problem with
one job placement officer on a full time basis until such time as we get our
quota met.
Mr. Odio: We'll work with them, yes, sir.
Mr. Plummer: OK.
Mayor Suarez: Building all that into a motion, do I have a motion and a
second?
Mr. Plummer: So move.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1054
A MOTION OF THE CITY COMMISSION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO TAKE THE FOLLOWING STEPS
IN CONNECTION WITH FUNDING REQUEST RECEIVED FROM CAREY
TECHNICAL INSTITUTE, INC., (CTI): (1) ASSIGN A JOB
PLACEMENT OFFICER FROM THE CITY'S NEIGHBORHOOD JOBS
PROGRAM TO CTI TO ASSIST THEM TO MEET THE CITY'S QUOTA
OF 265 JOB PLACEMENTS THROUGH THE USE OF STUDENTS FROM
SAID INSTITUTE; (2) UPON REACHING SAID QUOTA,
REPRESENTATIVES OF CTI SHOULD COME BEFORE THE
COMMISSION FOR ADDITIONAL JOB PLACEMENTS, IF NEEDED;
(3) DESIGNATE COMMISSIONER J.L. PLUMMER, JR., AS THIS
COMMISSION'S LIAISON TO MEET WITH THE HEAD OF THE
HEALTH AND REHABILITATIVE SERVICES DEPARTMENT IN
TALLAHASSEE CONCERNING FUNDING REQUEST OF 425,000
RECEIVED FROM CTI TO CHECK THE POSSIBILITY OF FUNDING
THROUGH THE STATE OF FLORIDA'S PROJECT INDEPENDENCE
PROGRAM; (4) IF THE ABOVE CITED $25,000 REQUEST IS NOT
GRANTED, REPRESENTATIVES OF CTI ARE INVITED TO COME
BACK BEFORE THE CITY COMMISSION FOR FURTHER
CONSIDERATION OF SAID REQUEST; (5) AND FURTHER
SUGGESTING THAT CTI MAKE APPLICATION FOR NEXT YEAR'S
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT
OF $60,000.
191
November 19, 1987
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.
Ms. Range: Thank you very much.
Mr. Haro: Thank you very much.
Mayor Suarez: Thank you, Mrs. Range.
-----------------------------------------------------------------------------
73. DISCUSSION REGARDING THE EXTENT OF THE CITY OF MIAMI'S FINANCIAL
RESPONSIBILITY FOR EXPENSES INCURRED BY THE BLACK MAYORS' CONFERENCE.
Mayor Suarez: Item 91. Tony.
Mr. Odio: Ninety-one is your item, Mr. Mayor.
Mr. Dawkins: You withdraw it?
Mayor Suarez: No, no- no, Tony's here, no, we've got to get this resolved
once and for all. It has to do with the Black Mayors Conference and the
commitment that we made and monies that are still outstanding.
Mr. Plummer: Well, let me ask this question, how much of a commitment did we
make, Mr. Manager?
Mr. Dawkins: $25,000.
Mr. Odio (Off mike): $25,000.
Mr. Plummer: And has that money been paid?
Mr. Dawkins: Yes.
Mrs. Kennedy: So what's the problem?
Mr. Plummer: So what's the problem?
Mr. Odio (Off mike): I don't know.
Mrs. Kennedy: What are you asking of us?
Mr. Gladstone Cooper: Commissioners. My name is Gladstone Cooper. I served
on behalf of the City as the chairman of the committee that hosted the Mayors
from approximately 200 cities in the United States. The problem is the
following in that we committed to invite the Mayors here and that the events
will be sponsored, or cosponsored by the County, the City and the City of Opa-
Locke. We originally came in with a cash budget to be contributed by each of
the respective cities and municipalities. The City of Miami, it was budgeted
for a cash contribution of $45,000; Dade County, 445,000; City of Opa-Locka,
$27,000. We subsequently in the committee made a series of changes to that
and we segregated various events so that each of the various cities and
municipalities will get their due.
Mayor Suarez: Let me interrupt you real quick to bring the Commission up to
date on the motion that we did pass on all of this. Bob, what was it?
Mr. Bob Clark: I don't have a copy in front of me, but the Commission, at a
meeting prior to the Black Conference of Mayors adopted a motion endorsing and
192 November 19, 1947
supporting the program. I think at that time, it was indefinite as to the
amount but there was a motion adopted by this Commission.
Mr. Plummer: No, I thought we definitely gave them $25,000.
Mrs. Kennedy: We did give them a specific amount, I remember.
Mr. Plummer: Yes.
Mayor Suarez: Wait.
Mr. Castaneda: Commissioners, I think I know what the problem is.
Mr. Plummer: Yes, they didn't have enough money.
Mr. Cooper: No.
Mr. Castaneda: No, no, no, the resolution - no, the resolution...
Mayor Suarez: No, the resolution...
Mr. Castaneda: ... that was approved by the City Commission said that you
were willing to give them $25,000 in in -kind services. They did not utilize,
I believe, more than $3,000 or $4,000 of in -kind services because in -kind
services were not that great. I think that what they are asking is for the
word in -kind to be removed and to be a cash...
Mr. Cooper: Well, well, that too, but I think the thing was that the
resolution that was sponsored on February 4, 186, did not specify any dollar
amount and in addition to that, the commitment was when we were asked to
recruit and encourage these individuals to come to this City is that there was
no specific amount and what we were to do was to bring it in at a reasonable
dollar amount and to spread the cost between the public sector and the private
sector which we did. And we spread the cost amongst both the City, the County
and the City of Opa-Locka. The County contributed approximately $35,000 in
in -kind services, the City of Opa-Locka $20,000 in in -kind services. Dade
County, in cash, provided $42,500. The City of Opa-Locka $33,175 in cash.
The amount at this point in time that we're looking for, instead of $45,000
from the City of Miami is $39,922.20. That is to pay for those events that
occurred within the City of Miami and that we assume, at that time, the City
of Miami was sponsoring. The City of Miami did, in fact, pass a resolution
approving $25,000 in in -kind services. It did not apparently at that
resolution approve any funds for cash.
Mayor Suarez: Mr. Manager, Walter Pierce at one point was asked to be liaison
with my office on the monitoring of the whole Black Mayors' Conference. Do
you remember what commitment was made and whether they had a right to rely on
any commitment for a specific amount of money, Walter?
Mr. Walter Pierce: Mr. Mayor, as I recall, there was some earlier discussions
on a figure...
Mayor Suarez: Because I...
Mr. Pierce: ... but the matter was never brought to the Commission for a vote
until, I think, no it never did come really until after and then a lesser
amount was approved.
Mayor Suarez: We really cannot break faith, Mr. Manager, with the group that
organized this and to the extent possible, I really think we have to figure
out how to pay as many of these bills as we possibly can. This was the
highlight - well, I don't know, I'm not giving the how much yet, but I'm
saying that this was the highlight in many, many ways of not only last year or
this year, but of the last seven years as far as Miami being a...
Mr. Odio: Why couldn't we sit down...
Mayor Suarez: ... a forum for a conference of this magnitude and this import
in view of the problems we had in the early 801s.
Mr. Odio: If he would sit down with Walter Pierce and bring the bills in that
are overdue and see how much it adds up to and if you...
193 November 19, 1987
r.,
Mayor Suarez: Why don't you - Tony, go ahead and do that right now and see if
you can come back with a recommendation.
74. APPROVE PLAN OF LITTLE HAVANA DEVELOPMENT AUTHORITY FOR USE OF DOMINO
PARK.
Mayor Suarez: Item 92. Domino Park.
Mr. Tony Descalzo: Finally. For the records, my name is Tony Descalzo, I am
the executive director of the Little Havana Development Authority. We already
sent to the Mayor and to the Commissioners our proposal. I believe you have
in your desk and you already take a look including Mr. De Yurre, and the
Little Havana proposal is to open the Domino Park but in a different way to
open, manage and handle it by Little Havana. Because we plan to do over there
to like a center for the senior citizen. In other words, we need that domino
place...
Mayor Suarez: There would be some - Tony, there would some limitation of the
membership to people over 65, is that part of the idea?
Mr. Odio (Off mike): Fifty-five.
Mayor Suarez: Fifty-five?
Mr. Descalzo: Right.
UNIDENTIFIED SPEAKER: Fifty-five.
Mayor Suarez: Is that - let me just clarify, is that absolutely legal, Madam
City Attorney, can we do that?
Mrs. Dougherty: No, sir, it has to be open to the public.
Mayor Suarez: Can you think of any angle by which we - can we have a
differential in the charge?
Mr. Descalzo: Well, the Little Havana is an agency funded by the City of
Miami.
Mr. Plummer: Yes, but you can't discriminate because of age.
Mayor Suarez: She's telling us right now we can't...
Mr. Descalzo: We are not discriminating anybody. This is for the...
Mr. Plummer: You're discriminating because of age.
Mayor Suarez: You're not deciding whether we're discriminating, that's a
legal criteria here. Is there any way that you can think of that we could
sort of encourage people that use the park to be over 55? A differential that
we could maybe charge those that are under 55? Anything that comes to mind?
Mr. Descalzo: We had child centers and we had for the old people dining
rooms.
Mrs. Dougherty: There are no restrictions...
Mayor Suarez: Please, let me get a legal opinion, Tony.
Mrs. Dougherty: There is no City ordinance or restriction but if you use
federal funds or state funds, then you'd have to leave it open to everybody.
Mayor Suarez: To what extent do we use federal or state funds for Domino
Park?
Mrs. Dougherty: I don't know.
194 November 19, 1987
Mr. Descalzo: At the same time, we plan to put over there an information
booth for the tourist people when they come to Little Havana and in order to
have the booth for identification of the people to get in and have decent
people in that place. We need that domino place to open but we need it in a
way that can be shown to the people that come to Miami and want to see the
cigar factory, they want to see the domino place. I don't want to call the
Domino Park because right here today we have the chairmans, Mr. ---------, we
have Mr. Palmero, Willy Gort, Orlando ------- Waldo Castro,-------------
Capitan Alexander and from the...
Mayor Suarez: Wait, let me ask you a question. Any of those under 55?
Mr. Descalzo: Yes.
Mr. Dawkins: No...
Mayor Suarez: The Captain?
Mr. Descalzo: We are, we are.
Mayor Suarez: OK, what happens if one of those people or someone like them
comes in and wants to use the park?
Mr. Descalzo: Well, at the end, Mr. Mayor, what we want is to organize over
there the laws and regulations of the people who use the park is going to
handle the park.
Mayor Suarez: I don't think the problem is going to arise that much.
Mrs. Kennedy: No, but I have a question similar to that...
Mayor Suarez: Madam Vice Mayor.
Mrs. Kennedy: ... a great idea but the question is, is it legal and
constitutional, can you restrict it?
Mayor Suarez: No, she said it is because we don't have any state or federal
funds involved. So far...
Mr. Descalzo: The lawyer said there is no problem.
Mayor Suarez: There's no state or federal funds involved. You suggested two
different ways in which they could handle the management of the park. One is
something similar to what we did with Bayfront Park with a management...
Mrs. Kennedy: Right, which is a trust that...
Mayor Suarez: ... trust or whatever and the other one is a use permit that
we've used in the past.
Mrs. Dougherty: Yes, a revocable permit so that any time that the City
Commission or any other public purpose, we need the park back, then it's
revocable at will.
Mayor Suarez: Can you recommend that latter method, the revocable permit you
said?
Mrs. Dougherty: That probably gives them more opportunity to do what they
want.
Mr. Plummer: Are you going to provide the money to fix it up?
Mr. Descalzo: We are going to look for the private enterprise. We already
talked to the people in the Latin Realty Association and there is a way that
we can - and the Kiwanis Club. So we have several people interested to help
the Little Havana area.
UNIDENTIFIED SPEAKER (Off mike): Comments in Spanish.
Mr. Descalzo: No, no, all the money like Luis said, but some of the money we
have some way to get it. So right now, we are not prepared to ask for any
is
195 November 19, 1987
funding but we're going to need it. But be sure that we are going to clean
that place because the people here, they need it. I have the owner of the
MacDonald here, we have the owner of ------- Paper, the other store in front
of the domino place, I don't want to say Domino Park because it has a bad
image, I don't want to mention that word. And we have Kathy Gort, Gety is the
president of the Latin Quarter Association and she wants to say a few words.
Mayor Suarez: Gety.
Ms. Gety Gort: Well, hello, Mayor.
Mayor Suarez: Bring the mike up a little bit and give us your name and
address.
Ms. Gort: Yes. Hello, Mayor Suarez, the Commissioners. I know that this
Domino Park is an issue that we have talked a long time, a very controversial
it is indeed. We are request and ask, and I don't know how, but one of our
ideas was to request this as social and cultural park so we could change the
image. We need it very, very bad, sir. Things around the neighborhood is
getting worse and worse and I think we cannot hold it any longer too long.
Another thought is that we could have a mini, maybe, I don't know, a mini
police station over there. If that's possible? Would that answer our
problems?
Mayor Suarez: A meeting?
Mr. Plummer: A mini...
Ms. Gort: Police station over there.
Mayor Suarez: Oh, a mini police station. I'd hope that we'd reinstate the
one that was there eventually.
Mr. Odio: It did not work. We had that gerkinslogger right there in the
park, and the moment the police walked out of the van and walked around,
they...
Mayor Suarez: They never did, they were hiding in there most of the time.
Mr. Odio: They arrested one day 70 people they left and they were taken away,
the next day we arrested 16 people and it just did not work.
Ms. Gort: Yes. Well.
Mayor Suarez: Well, in conjunction with this whole plan, would you be willing
to try it one more time?
Mr. Odio: The gerkinslogger? Sure.
Mr. Descalzo: But, Mr. Mayor, we need also the police foot patrol in that
area all the time, that's necessary.
Mayor Suarez: Well, that was precisely the problem. These guys, at one
point, were sitting inside that trailer, never walked out, never did any
patrolling...
Mr. Descalzo: That's bad, you know.
Mayor Suarez: ... and somebody even told them...
Mr. Descalzo: And sometimes they play dominoes too. So that's bad.
Mayor Suarez: Yes.
Ms. Gort: Excuse me, Mayor Suarez, that didn't work. That didn't work
because like you may, it was...
Mayor Suarez: Well, but maybe it didn't have all the other components that
we're now adding to it including the supervision, the improvement, the
limitation for elderly, etc.
196 November 19, 1987
Ms. Gort: OK, all right. The situation is, if we can have that park like
that with regulation and...
Mayor Suarez: That's our whole...
Ms. Gort: ... it's not that we don't want it, we do want it but of older
people and we want to make sure that the older people are the one who was
going to play domino.
Mayor Suarez: Let me introduce into the record, Kathy, if I may, petitions of
those supporting the proposal of the Little Havana Development Authority.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Victor, Commissioner.
Commissioner De Yurre: One thing that I would like to make sure of is that we
- have the proper vehicle to get to the end that we're looking for. Because if
we go through all this process and legally, unless Madam City Attorney can
tell us right now that there's no legal problem, but I don't think we're 100
percent sure on this yet. Is that the case, Madam City Attorney?
Mayor Suarez: If no state or federal funds are used, do you see any problem
in discrimination against those under 55?
Mr. Plummer: I would not put that terminology.
Mayor Suarez: Do you see any...
Mr. Plummer: Not the discrimination but to limit the age of 55 or above.
Mayor Suarez: ... legal problem in restricting the use of the park to those
over 55?
Mrs. Dougherty: At this time, no.
Mr. Descalzo: Mr. Mayor and Commissioner, we may say to the senior citizens
without any age like Mr. Plummer mentioned it.
Mayor Suarez: Anyone who considers themself a senior citizen and...
Mr. Descalzo: So we qualify the senior citizen.
Mayor Suarez: I frankly don't think it's going to be challenged in court, but
I understand the Commissioner's concern to make sure it's legal. Any further
discussion of the item?
Mrs. Kennedy: Let me just say, you see, Commissioner Dawkins, this is what I
was talking about, the idea of a trust, people like this serving other areas,
other parks in the City. I hope it works. Good luck to you.
Mr. Descalzo: Thank you.
Ms. Gort: OK, thank you.
Mayor Suarez: I think it sounds like a motion to approve the plan. Do we
have a second?
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
Ms. Gort: OK, that's all?
IV 0
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1055
A MOTION OF THE CITY COMMISSION APPROVING THE PLAN
PRESENTED BY THE LITTLE HAVANA DEVELOPMENT AUTHORITY
AS DISCUSSED BEFORE THE CITY COMMISSION ON THIS DATE
FOR FURTHER USE OF DOMINO PARK.
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.
Mr. Descalzo: Thank you.
Ms. Gort: OK, thank you.
Mayor Suarez: We expect you there 24 hours a day keeping an eye on it; no
crime, no one under 55 except for you and the Commission. We got a couple of
us here. Thank you and thank you for agreeing to help us with this, this has
been a thorn in our side to put it mildly.
Mr. Dawkins: Yes, I could make it. I qualify.
Mayor Suarez: God help us if we can get out there.
NOTE FOR THE RECORD: Item 93 was withdrawn.
75. AUTHORIZE ADMINISTRATION TO CONDUCT STUDY REGARDING PROPOSED CITYWIDE
STORM WATER UTILITY PROGRAM.
Mayor Suarez: Ninety-four. Discussion concerning a storm water utility
program.
Mr. Odio: George Knox is here. Hello, please.
Mr. Dawkins: Let's go with 94, we've got to get out of here.
Mayor Suarez: Item 94.
Mr. Don Cather: Mr. Mayor, Commissioners...
Mayor Suarez: Don.
Mr. Cather: ... this item is presented to your for the purpose of discussing
the proposed storm water utility program for the City of Miami. The City of
Miami has conducted a complete inventory and master plan for how to handle
storm water within the City of Miami. This proposal has been successfully
implemented in the City of Tallahassee to pay for storm water improvements.
We have our consultant here plus the attorney and we propose to ask you to
consider the passage of the attached ordinance which will permit us to
est.blish a storm water users fee based upon the size of the lot and this will
be billed on the Miami -Dade Water 6 Sewer Authority bill. The funds will be
used exclusively to fund a bond issue initially of about $30,000,000 to build
storm sewers in the City. Since it will take about two years...
Mrs. Kennedy: Excuse me, doesn't this tie up with the impact fee? No.
j 198 November 19, 1987
Mr. Cather: At the present time, there is no storm water fee. There's a fee
for sanitary sewers which is collected by the Water and Sewer Department and
for, of course, water.
Mr. Plummer: So what are you asking us to do?
Mr. Cather: We're asking you to approve this concept of a storm water users
fee and to let us proceed with the final report on how to collect it and how
to establish it and put it into action.
Mr.
Plummer:
Mr. Manager,
are you recommend it?
Mr.
Odio (Off
mike)% Yes,
sir.
Mr. Plummer: I move item 94.
Mr. Dawkins: Well, I don't see - wait a minute, let me wait to see if you get
a second.
Mr. Cather: Would you...
Mayor Suarez: Moved once.
Mr. Cather: With the Commission's indulgence, I'd like to have our
consultant, Mr. Preedy, explain any details to you of the proposed plan.
Mr. Dawkins: The only thing my objection is, here again, you're going to tax
on something that the taxpayers don't know what the hell it is. He's going to
get a water and sewer bill with this money tacked on it and he won't know
nothing about it.
Mr. Plummer: Well, what you are saying, that we have a public hearing?
Mr. Dawkins: I think we should and let the public know what they're doing.
Mr. Plummer: Well, but my understanding is that what we're doing here now -
we're just hiring the consultant to come back with a final report.
Mr. Dawkins (Off mike): No, that's not what he said.
Mr. Cather: Once we have the final report, I think it is mandatory and good
sense, as you suggested, to have a public hearing and inform all of the public
of what they're going to get for this.
Mayor Suarez: How much is the consultant going to cost?
Mr. Plummer: $50,000.
Mr. Dawkins: How much is the consultant fee?
Mr. Plummer: $50,000.
Mr. Cather: Not to exceed $50,000. The point is, I also want you to
recognize what we're trying to do here and that is to fund an eventual
$200,000,000 storm water improvement for the City of Miami.
Mayor Suarez: And you believe that.
Mr. Cather: Yes, air.
Mayor Suarez: And you tried to convince me of it once.
Mr. Cather: Well.
Mayor Suarez: And, I think...
Mr. Cather: It's going to come.
Mayor Suarez: ... you weren't able to but, God knows, God knows.
Mr. Gathers Would you like to hear from Mr. Preedy who is here today?
199 November 19. 1987
Mayor Suarez: I guess if what we're contemplating is a study and if you're
recommending it, I don't know that we need to hear from him right now. We'd
have to have public hearings anyhow.
Mr. Plummer: Sure.
Mayor Suarez: It's up to the Commission, I - if the Manager strongly
recommends this...
Mrs. Kennedy: Well, I'll tell you what, I'll move its adoption before we
schedule a public hearing, I need to sit down with you and go over this very
carefully.
Mr. Odio: I do...
Mayor Suarez: Yes, and I can tell you that as of now, I am not convinced. If
the Manager thinks that the study will help maybe to...
Mr. Odio: I do strongly recommend because of the revenues limitation that we
have, we need to explore possibilities of other revenues on...
Mayor Suarez: Like Commissioner Dawkins, I still see it as a hidden tax and
one that is not going to add any more money than we could just simply add by
taxing people. I don't see where the magic is here and...
Mr. Dawkins: And I have to say this and say it now, I'm the same one who set
here and you told me that you were reducing the millage because you had enough
money.
Mr. Odio: No, but this is not...
Mr. Dawkins: And now, you're going to come back and add a tax, you know, a
hidden tax. I can understand it if it's on top where people can see it.
Mr. Odio: Yes, sir, but this a long, long term program. It's not for this
years use or-------- next year, this is to replace the storm sewer in the City
of Miami in the next 20 years, am I right?
Mr. Cather: Thirty.
Mr. Odio: Thirty years.
Mr. Cather: Twenty to thirty years.
Mr. Odio: So that you don't have to go out and place the City in debt by bond
sales. This fund is saved there to replace the storm sewer system for the
next 30 years. It's not...
Mr. Cather: And also to make us comply with the requirements of the federal
and state government as far as environmental pollution.
Mr. Odio: In reality, what I could say, say I'm not going to be around in
thirty years, so the hell...
Mr. Dawkins: Well, why don't you use environment pollution bond funds? They
have federal funds for bond - for pollution. Why can't you use that?
Mr. Cather: That's for waster water, sir. That's for sanitary sewers and the
water and sewer department gets all those funds because they collect sanitary.
Mr. Dawkins (Off mike): Oh, only sewer water contaminates. Storm water does
not contaminate.
Mr. Cather: No, no, no. The federal funds that are available are only
available for sanitary sewers.
Mr. Dawkins: All right, so let's get money to do the sanitary sewers and use
the money that we already have for sanitary sewers and do storm sewers. Go
ahead, call the roll.
Mayor Suarez: Call the roll. You've been very eloquent today, George.
200 November 19, 1987
i
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1056
A MOTION AUTHORIZING AND DIRECTING THE CITY
_ ADMINISTRATION TO DO A STUDY ON CONNECTION WITH THE
_ PROPOSED CITYWIDE IMPLEMENTATION OF A STORM WATER
UTILITY PROGRAM.
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.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: I have a question on this. I'm looking at the resolution that
we're talking about, are we voting here for the approval of a study?
Mrs. Kennedy: Right.
Mr. De Yurre: OK, then why does it say here in section one, the City
Commission hereby approves the concept of a storm water utility user fee
program for the City of Miami.
Mayor Suarez: Will the movant accept the elimination of that because I won't
vote for it with that in there either.
Mr. Odio: Yes, we'll, we'll...
Mr. De Yurre: That's section one.
Mayor Suarez: OK, who made the motion?
Mrs. Kennedy: I did.
Mayor Suarez: Would you accept the elimination of that?
Mrs. Kennedy: Yes.
Mayor Suarez: OK, does the second approve the elimination of that?
Mr. Plummer: Yes.
Mayor Suarez: OK, good correction.
COMMENT MADE AFTER ROLL CALL:
UNIDENTIFIED SPEAKER: Thank you very much, Mr. Mayor.
76. AUTHORIZE CITY MANAGER TO EXECUTE AMENDED INTERLOCAL AGREEMENT AND
CONTRACT WITH GREATER MIAMI CONVENTION be VISITORS BUREAU.
Mayor Suarez: Item 95. Interlocal Agreement.
Mr. Odio: Is this with the Greater Miami Convention and Business Bureau. We
recommend this with one exception, that it will be a one year contract.
Mayor Suarez: One year...
Mr. Odio: Only.
Mayor Suarez: ... is all I'm interested in contemplating, I don't know about
the rest of the Commission. Why do I keep hearing about $100,000 that is our
contribution and where is the $100,000 coming from?
Mr. Odio: It would have to come from the bed tax money allocated to the
Convention Bureau and...
Mayor Suarez: Oh, it's from the money that typically gets allocated to us
directly from the bed tax, which is how much usually?
Mr. Odio: It looked - a million, two.
Mr. Dawkins (Off mike): A million, two.
Mr. Plummer: Million, two.
Mayor Suarez: Oh, from the million, two?
Mr. Plummer: Yes. That's where it comes from.
Mr. Odio: Yes, sir.
Mayor Suarez: They didn't request a hundred last year.
Mr. Plummer: No.
Mr. Odio: No, but we, as part of the negotiations that went on between
Commissioner Plummer and myself and the committee, from that we wanted...
Mr. Plummer: We beat the hell out of them to get that million two directly to
us with no strings attached.
Mr. Odio: ... yes, OK. We got other funds in exchange for .... and to
protect the integrity of our share of the bed tax, then we put it that way.
Mayor Suarez: With the understanding that we're giving them a year which is,
by the way, I think that about the same thing that I know Commissioner Plummer
and I have told, you know, the new Executive Director that we're basically
looking to see what he can do in a year. And we're not going to - at least
for myself, I'm not going to continue approving this unless I see some
production of something from those guys. We'll take care of that. Any
discussion from the rest of the Commission? On this item, do we have a
motion? We don't have a motion.
Mr. Plummer: I'll move it.
Mayor Suarez: Moved, do we have a second? Commissioner Dawkins, I guess you
ought to second it, if you're going to serve on that.
Mr. Dawkins (Off mike): Whatever is - yes, I...
Mayor Suarez: Seconded.
202 November 19, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1057
A MOTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON
BEHALF OF THE CITY, THE THIRD AMENDED AND RESTATED
INTERLOCAL AGREEMENT AND CONTRACT WITH THE GREATER
MIAMI CONVENTION AND VISITORS BUREAU.
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.
------------------------------------------------------------------------------
77. A. ACCEPT GRANT FROM JAMES L. KNIGHT FOUNDATION FOR A LIGHT TOWER IN
BAYFRONT PARK.
B. ESTABLISH "BAYFRONT LIGHT TOWER MAINTENANCE TRUST" REVENUE FUND AND
_ APPROPRIATE $50,000 FOR ITS OPERATION FROM ROUSE-MIAMI.
_ C. AUTHORIZE CITY MANAGER TO PURCHASE COMPUTER CONTROLLED LASER
PROJECTION SYSTEM FOR BAYFRONT PARK FROM SCIENCE FACTION CORP.
Mayor Suarez: Ninety-six. Laser projection system at Bayfront Park. What do
we need to discuss about that?
Mrs. Dougherty: Mr. Mayor, there are actually three resolutions that need to
take place. The first one is a resolution which authorizes the City Manager
to execute a contract between the City and James L. Knight Foundation which
accepts the grant amount of $658,171 to fund the purchase of a laser and
lighting system for the tower in Bayfront Park subject to the approval of the
City Attorney of the terms thereof. The second one will then establish the
revenue fund for this grant and establish also a $50,000 funding on a yearly
basis for this grant in order to maintain the light tower. And the third
thing is the purchase of the laser system itself. So there'll be three
resolutions.
Mr. Plummer: Do we have them in front of us?
Mrs. Dougherty: You do not have the first one which accepts the money, and
that one would be subject to a contract that the City Attorney would actually
have to approve the terms thereof because we just got the contract today.
Mr. Plummer: What is the approximate cost of the light tower?
Mrs. Dougherty: Mr. Long would have to answer that.
Mayor Suarez: Why do we have high powered Steele Hector & Davis attorneys
here on this?
Mrs. Dougherty: They are representing...
Mr. Plummer: Approximately how much is the grant?
UNIDENTIFIED SPEAKER: Just to give the money out, Mr. Mayor.
Mayor Suarez: What are you going to do, Joe?
UNIDENTIFIED SPEAKER: Personal funds, Mr. Mayor.
Mrs. Kennedy: Approximately $615,000.
203
November 19, 1987
Mrs. Dougherty: $658,000.
Mayor Suarez: If you keep losing weight, you're going to disappear.
UNIDENTIFIED SPEAKER: I hope. just a personal check, Cesar, that will be
adequate.
Mrs. Dougherty: The money that you're accepting in the grant has a condition
that the City of Miami fund the maintenance of this light tower in the amount
of $50,000 every year.
Mr. Plummer: There's the money going to come from?- that's the trust's
responsibility.
Mr. Odio: What I propose to say, you see, it comes from the concession rights
that Rouse Company has on that tower or the trust, if they're given the
concession rights. In other words, that the tower...
Mayor Suarez: Don't they have a right to those?
Mr. Odio: The Rouse Company has a right, yes, and they are negotiating. If
the Rouse Company keeps the rights, and the $50,000 we'll get from that goes
to the laser.
Mayor Suarez: But, do we have anything to negotiate? Can they just claim
concession rights without having to pay us anything for them?
Mr. Odio: They don't, but...
Mayor Suarez: What did we give them in the original agreement, just the right
to negotiate? Sort of a...
Mr. Odio: No.
Mrs. Dougherty: No, they had the right for the concessions at the bottom of
the...
Mr. Odio: They have the rights of the concession for the laser tower and we
get $50,000 a year.
Mayor Suarez: Oh.
Mr. John Gilchrist: They have to exercise an option within one year of
opening so by April the 8th of next year, if they have the right to exercise
an option...
Mayor Suarez: But you're saying the figure is the same figure we need?
Mr. Odio: Yes.
Mr. Gilchrist: $50,000.
Mayor Suarez: $50,000, oh.
Mrs. Kennedy: Yes, yes, and we're going to be meeting with them to
negotiate...
Mr. Odio: Yes, so what I'm saying, to put on the record that the funding will
come either from the concession rights that the Rouse has or if they're
transferred, the trust would have to pay for it, from the concession rights.
In other words...
Mr. Gilchrist: If they don't exercise their option...
Mr. Adios ... let the laser light tower pay for itself.
Mrs. Kennedy: I so move it.
Mayor Suarez: So moved.
Mr. Plummer (Off mike): Second.
Mayor Suarez: Seconded.
Mrs. Dougherty: Wait, I just want you to know that you are committing by this
resolution that $50,000 funding where ever he gets it from. OK.
Mayor Suarez: Otherwise, I guess we'll...
Mrs. Dougherty: The first one is the resolution that directs the City Manager
to execute the contract in a forte that is acceptable to the City Attorney
between the City and James L. Knight Foundation accepting the grant in the
amount of $658,171.
Mayor Suarez: We're voting on that too?
Mrs. Dougherty: That's the first resolution.
Mayor Suarez% OK, on that I'll take a motion and a second.
Mr. Plummer: Move it.
Mrs. Kennedy: Move it.
Mayor Suarez: And seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1058
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ACCEPT A GRANT FROM THE JAMES L. KNIGHT FOUNDATION FOR
THE LIGHT TOWER IN BAYFRONT PARK.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the 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. Dougherty: The second one is an emergency ordinance establishing a new
special revenue fund entitled "Bayfront Tower Maintenance Trust," and
appropriating funds for the operation in the amount of $50,000 from the Rouse
Miami, Inc. containing a repealer provision and a severability clause.
Mayor Suarez: To entertain a motion on that.
Mrs. Kennedy (Off mike): Move it.
Mayor Suarez: Moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "BAYFRONT LIGHT TOWER
MAINTENANCE TRUST" AND APPROPRIATING FUNDS FOR ITS
OPERATION IN THE AMOUNT OF $50,000 FROM ROUSE-MIAMI,
INC.; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
205 November 19, 1987
INK
Was introduced by Commissioner Kennedy and seconded by Commissioner De
Yurre, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Kennedy and seconded
by Commissioner De Yurre, 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. 10350.
The City Attorney read the ordinance into the public record
and
announced that copies were available to the members of the City Commission
and
to the public.
COMMENTS DURING ROLL CALL:
Mr. Plummer: That's for the maintenance?
Mrs. Dougherty: This one is the one that establishes the fund and has
the
maintenance in it, yes.
TRANSCRIPT PROCEEDS.
Mayor Suarez: That's it?
Mrs. Dougherty: The third one is a resolution which authorizes the
City
Manager to enter into an agreement with the City and the laser company.
Mayor Suarez: How did you sneak three into one item?
Mrs. Dougherty: Well, you have two items on the agenda.
Mayor Suarez: Particularly at number ninety-six.
Mrs. Dougherty: No, no, no, there's 97 and 98.
Mayor Suarez: Oh, that takes care of... no, not 98, 97 anyhow. OK,
I'll
entertain a motion on that.
Mr. De Yurre: Moved.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
206 November 19, 1987
VW
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 87-1059
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY FOR THE PURCHASE OF EQUIPMENT, INSTALLATION
AND PROGRAMMING FOR A COMPUTER CONTROLLED LASER
PROJECTION SYSTEM FOR BAYFRONT PARK WITH SCIENCE
FACTION CORPORATION, A SUPPLIER SELECTED BY
COMPETITIVE NEGOTIATIONS CONDUCTED IN COMPLIANCE WITH
SECTION 18.52.2 OF THE CITY CODE; AND AT A TOTAL COST
OF $298,200.00 WITH FUNDS FOR THE PURCHASE TO BE
PROVIDED BY THE JAMES L. KNIGHT FOUNDATION
CONTRIBUTION CURRENTLY APPROPRIATED TO CAPITAL
IMPROVEMENT PROJECT NUMBER 313230, BAYFRONT PARK
REDEVELOPMENT -LIGHT TOWER.
(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: Thank you, you've been most eloquent.
NOTE FOR THE RECORD: The City Commission recognized Mr. Art Mullins, City of
Miami Purchasing Director, upon his retirement and commended him for the many
years of fine service rendered to the City in this capacity.
78. INSTALLATION OF LASER PROJECTION SYSTEM IN BAYFRONT PARK TO BE
CONTINGENT UPON LEGAL SATISFACTION OF THE CITY ATTORNEY.
Mayor Suarez: Item 98. Why...
Mr. Plummer: Wait a minute. Mr. Mayor, I'm asked that we bring back the
issue relating to the purchase of the light tower because there are certain
areas there of concern. Madam City Attorney.
Mrs. Dougherty: They just need to be put on the record. Mr. Long can make
the report.
Mayor Suarez: Pete.
Mrs. Dougherty: That last one on the contract, the laser contract.
Mayor Suarez (Off mike): What the hell is 987
Mr. Pete Long: My name is Pete Long. I'm the project coordinator on Bayf rout
Park Redevelopment. A condition of the grant we received from the James L.
Knight Foundation was that we would install a computer control laser light
system in Bayfront Park and they even suggested the supplier that we should
use because it's the only firm that we knew of in the country, in the world,
that could provide a 360 degree projection all the way around in all
direction. We accepted the grant today, but prior to the acceptance of the
grant, we had our consultants draw up plans and specifications for such a
system for us to purchase and we determined, or had the Chief Procurement
207 November 19, 1987
;i
VW, _
Officer determine that the supplier that was mentioned by the foundation was
not a sole supplier so we were forced to take competitive bids. We took
competitive bids on the equipment and got two bids and one no bid. The low
bid was submitted by Science Fraction Corporation, the company that we want to
enter into an agreement with, for $298,200. The other bidder was Image
Engineering and their bid was in the neighborhood of $600,000. The third firm
who submitted a no bid and a letter of protest were, in fact, protesting the
fact that we shouldn't have the right to demand a 360 degree projection. The
— procurement office...
Mayor Suarez: That we shouldn't have a right to demand what?
Mr. Long: That we didn't have the right to demand a 360 degree projection.
Mayor Suarez: Why not?
Mr. Long: I don't know, that was...
Mayor Suarez: We want 360 or 361, why shouldn't we demand it?
Mr. Long: Our contention was that that was an unfair, it' so...
- Mayor Suarez: He's talking about the 361 - 360.
Mr. Long: So his protest was ruled out. However, the other two bidders were
considered non responsive to the bid in that both of them submitted bids for
systems or submitted an agreement that was not in accordance with the standard
City of Miami purchase agreement.
Mayor Suarez: Both of the other two?
Mr. Long: Both of the other two. So, as an option as provided by the City
Code, the City Manager entered into competitive negotiations with those two
bidders and attempted to enter into negotiation with the third bidder who
submitted the protest. As a result of those negotiations, we have decided
that the low bidder, Science Fraction, is the one that wf! recommend we enter
into a contract with and there are certain modifica;�ions to this City's
standard purchase agreement that will be included in that agreement. Those...
Mayor Suarez: What's the concern?
Mr. Long: We have no concern.
Mayor Suarez: I mean we ended up with the low bidder, we negotiated in
accordance with the law...
Mr. Long: There were four things, Mr. Mayor, that...
Mayor Suarez: ... the protest didn't seem to make much sense.
Mr. Long: ... the low bidder didn't want to give the City or wanted from the
City that we don't usually get. He said that he did not want to provide the
City with the hundred percent performance bond. He made a good argument
against that.
Mayor Suarez: The low bidder.
Mr. Long: Yes. It would have tied up all his resources...
Mayor Suarez: What is he providing the City with if not a hundred percent
performance bond?
Mr. Long; We worked out a payment schedule so that we will not be paying for
anything before we get it in our possession. And that was another one of his
stipulations that he wanted a...
Mayor Suarez: I hope we keep that flexibility in mind when we're dealing with
minority contractors and who have problems with performance bonds.
Mr. Long: The City now has a policy of not requiring a performance bond for
contracts less than $200,000 and it is used occasionally.
208 November 19, 1987
Mayor Suarez: Right, but I'm talking about the ones in excess of two hundred.
Has this particular company done a laser tower of this sort, 360 degrees,
anywhere else?
Mr. Long: Yes.
Mayor Suarez: We can go see it someplace and see it functioning?
Mr. Long: The only place that I could tell you you could go would be at the
Winter Olympics in Canada in February. That's his next show. He does...
Mayor Suarez: Will this be the only 360 degree laser tower functioning all
the time?
Mr. Long: No, sir - maybe functioning all the time, yes, yes.
Mayor Suarez: Because I've seen a laser tower in Washington, D.C. with the
Kennedy Center and all that, but I've never seen one that functions all the
time.
Mr. Long: As I understand it.
Mayor Suarez: And certainly not 360 degrees.
Mr. Long: As I understand it, he puts these shows on, but they're all
temporary.
Mr. Plummer: This is going to be daily?
Mrs. Kennedy: Yes.
Mr. Odio: Daily.
Mr. Plummer: What's the other ------
Mr. Long: Carlos Smith says he thinks there's a permanent one in Nashville, I
don't know of that. But he has put on...
Mayor Suarez: You're not concerned about the fact that we could be the first
here, I mean...
Mr. Carlos Smith: Well, we are the first one. We are the first one with the
365 days a year operation, that is correct.
Mayor Suarez: And you're pretty sure it's going to work? It's not going to
burn a hole in the sides of buildings and all that? OK.
Mr. Plummer: What's the other areas of concern?
Mr. Long: The contractor asked for a revised payment schedule. The standard
City of Miami payment schedule is that when material, 100 percent of the
material is delivered, we make 100 percent of the payment. However, in this
particular case, specifications call for this whole system to be set up in New
York City and demonstrations run for the artist, Asamo Naguchi, and the
architect. And the contractor requested that when he received delivery of
laser tubes, he has to buy one from someone else, that are valued in excess of
$100,000, that he receive a partial payment for the City to pay for that
material. The agreement that we won't execute provides for that. He also
requested he receive a second $100,000 when all of the equipment is delivered
to the City, installed in the light tower and is in working order. He
requested that his last $98,200 be delivered, I mean be paid to him when
everything is completed.
Mayor Suarez: The last how much?
Mr. Long: $98,200.
Mayor Suarez: Which is what percentage of the total amount?
Mr. Long: Roughly one-third.
Mayor Suarez: So we only lose one-third if the damn thing doesn't work.
209
November 19, 1987
Mr. Long: That's right. The...
Mr. Smith: Actually $100,000 because he gets the second $100,000 if he
demonstrates, he installs the equipment and demonstrates it to our
satisfaction. Then he gets the second $100,000 and the thirdly...
Mayor Suarez: So he's got to demonstrate some...
Mr. Smith: That's correct.
Mayor Suarez: ... performance before he gets the second $100,000 of the
$300,000.
Mr. Long: Another stipulation he had in his original agreement is that he
wanted his confi...
Mayor Suarez: Do we, wait, Pete, wait, do we need anymore of this, Manager,
are you satisfied, Commissioner, are you satisfied?
Mrs. Kennedy: Fully satisfied.
Mr. Plummer: Ah, yes.
Mayor Suarez: Madam Vice Mayor satisfied?
Mr. Plummer: I guess the bottom line concern, is it going to work? What
happens if it doesn't work?
Mayor Suarez: Who can we blame if it doesn't work?
Mr. Plummer: No, how do we get our $200,000 back?
Mayor Suarez: That's another way of phrasing it.
Mr. Long: It's, it's - we have insurance...
Mayor Suarez: Out of your consulting agreement?
Mr. Long: We will have an insurance policy.
Mr. Plummer: We will or he will?
Mr. Long: He will have an insurance policy with... he has an insurance
policy that he will be sending to us. That's another condition of it.
Mr. Plummer: Are you talking about life insurance?
Mrs. Kennadv: Is it that bad?
Mr. Long: You know, that's - not that you mention that, that was discussed at
great length as to whether or not this sole supplier should be insured by life
insurance and that may be one of our agreements that we will - he will have to
insure himself and make us the beneficiary.
Mayor Suarez: We'll give him a burial policy right here.
Mr. Plummer: Yes.
Mrs. Kennedy: Yes, that's what he wants to do, he wants to bury him.
Mr. Plummer: I won't have to bury him, Rosario will do it free. She'll
cremate him with a laser.
Mrs. Kennedy: And then I'll take him to your home.
Mr. Long: I'd like to add that you said, would it work? This is the same
laser company that put the show on at the original groundbreaking for the
park. If you were there, you remember a light show that they had, this is the
same act.
210 November 19, 1987
Mr. Plummer: Yes, but it's a big difference, Pete, between a one night show
and something that's going to be running continuously 365 days a year.
Mr. Long: That's correct.
Mr. Plummer: Now, you're saying that we're putting aside $50,000 where ever
it comes from, for maintenance and operation.
Mr. Long : That's right.
Mr. Plummer: What happens after three months if this thing doesn't work?
Mr. Long: We have a standard one year guarantee with this stuff, at the end
of the year, we should certainly have all the bugs out of it.
Mayor Suarez: Well, you said something more interesting before when you
talked about insurance, I mean, a one year guarantee is only as good as the
company that gives it to you which may have no assets. I thought you said you
had insurance on it.
Mrs. Dougherty: We don't have any yet, we're going to try to get some.
Mrs. Kennedy: We were going to get some.
Mayor Suarez: Well, we're going to try to get it.
Mr. Dougherty: Right.
Mr. Long: Well...
Mayor Suarez: This company a fairly credit worthy company? Anybody looked at
the financial statements or anything?
Mrs. Dougherty: He won't provide them with us.
Mr. Plummer: Huh?
Mrs. Dougherty: He won't provide it for us.
Mr. Plummer: Whoa. He won't provide financial statements. They asked for
them and he won't provide them. Well, I'll tell you what, I'm going to make a
motion that until the City Attorney is satisfied that all things are in order
and that this City is well protected, that nothing proceed. I think we've got
to do that. We have no alternative. If this man, I mean, - you know, when a
man doesn't want to provide his financial statements of his company,
something's fishy. And until such time as he provides whatever is demanded by
the City Attorney to protect this City's interest, I would say that we don't
proceed. And I'll offer that in the form of a motion.
Mr. De Yurre (Off mike): Second that.
Mayor Suarez: So moved. Actually, you mean the entity's financial
statements, that we're contracting with.
Mr. Plummer: Well, sure, that we know that this is a reliable company. Some
proof that this thing is going to work, with the insurance and bonding,
whatever is necessary. And if the City Attorney deems that we need his
financial records, then she's going to demand them.
Mrs. Dougherty: I'll be happy to do that. It is subject to my approval
anyway, the entire contract. I just wanted to put on the record that we do
have certain things such as - that are irregular according to City contracts,
such as the performance bond and such as the payment schedule that we have
given up on. We just wanted to put that on the record so you knew that.
Mr. Plummer: Well...
Mayor Suarez: I guess the indication is the one thing we don't want to give
up on is having some idea of the credit worthiness of the company by having
the financial statements of him.
Mr. Plummer: That's right and that's why we're asking you to look into it.
211 November 19, 1987
Mayor Suarez: So at least on that one, we don't want to be that flexible.
Any further discussion? Call the roll on that motion as modified.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1060
A MOTION OF THE CITY COMMISSION STIPULATING THAT UNTIL
THE CITY ATTORNEY IS SATISFIED THAT ALL STEPS HAVE
BEEN TAKEN IN CONNECTION WITH THE INSTALLATION OF THE
PROPOSED LASER PROJECTION SYSTEM IN BAYFRONT PARK, AND
THIS CITY IS WELL PROTECTED, NOTHING SHALL BE DONE IN
CONNECTION WITH SAID PROPOSED INSTALLATION.
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.
NOTE FOR THE RECORD: Item ninety-one was continued to December 10, 1987.
79. MOTION FAILED WHEREBY THE CITY WOULD MAKE APPLICATION TO THE SUNSHINE
FUND IN THE AMOUNT OF $10,000,000 FOR FINANCING THE RENOVATION OF GUSMAN
HALL AND THE OLYMPIA BUILDING.
Mayor Suarez: On item 98, is there anybody here on this item? This is not
being proposed by staff, I hoped.
Mr. Plummer: What was it?
Mrs. Dougherty: I just wanted to notify you of a change of state
law and see
if you had any
desire to carry forward with it.
Mayor Suarez:
I don't.
Mr. Plummer:
This has nothing to do with the noise abatement? You're still
pursuing that?
OK.
Mayor Suarez:
OK.
Mrs. Kennedy:
Why are...
Mayor Suarez:
I'm sorry, we also have the recommendation that
Walter was
going to make
on the Black Mayor's conference. What happened
to Walter?
What's the other item, Mr. Manager?
Mr. Odio (Off
mike): Number eighteen.
Mayor Suarez:
Eighteen, what's eighteen?
Mr. Odio (Off
mike): That's the $10,000,000 financing of
the Olympia
Building.
Mr. Mulvena:
The application for the...
Mrs. Kennedy:
Oh.
Mr. Mulvena:
... seed Sunshine Fund.
212
November 19, 1987
Mayor Suarez: I'm ready to vote on it if the rest of the Commission is. Who
was expressing the concern, who had asked for it to be tabled? - Madam Vice
Mayor.
Mrs. Kennedy: I wanted to see a feasibility study of the market and you gave
it to me and I haven't looked at it.
Mr. Mulvena: I gave a copy to Cesar....
Mr. Plummer: Yes, I read it. You want...
Mayor Suarez: Walter, can we get 91 resolved to the extent that... talk to
US.
Mr. Plummer (Off mike): That's a financial study done by him. No, it is,
it's not a financial study. I'm not voting
MayorSuarez: Take up that same item back on the loth of December.
Hopefully, for ever and ever taken care of at that point.
Mayor Suarez: Mr. Manager, and I know that we've used the opportunity on this
item to go back and think about the feasibility and all of that, and that may
or may not make sense and apparently members of the Commission believe that it
does and I don't want to argue with that, but let me ask you a question, when
we in the future decide to finance projects by using the Sunshine State Pool,
_ we don't need to have Commission approval of that everytime, do we Madam City
Attorney?
Mr. Odio (Off mike): Yes, sir.
Mr. Plummer: Oh, sure, you do.
Mayor Suarez: If we have already approved the financing of a particular
project and we simply want to take advantage of the Sunshine State Pool to get
a lower interest rate, do we have to keep approving it? Could we not pass a
blanket provision saying that to the extent that we have approved the
financing of a project, that we want to use the pool to finance it, that...
Mrs. Dougherty: No, the each project would have to be...
Mr. Plummer: Individually.
Mrs. Dougherty: ...applied for, for the resolution.
Mayor Suarez: All right, I'm ready to vote on it as I was before.
Mrs. Kennedy: I'm ready too.
Mayor Suarez: I'll entertain a motion on item 18. So you want to move it...
Mrs. Kennedy: I'll move it to accept the...
Mr. Plummer: Application.
Mrs. Kennedy: ... the application.
Mayor Suarez: Moved. Do we have a second? Once, going once, do we have a
second? Going twice...
Mr. Dawkins (Off mike): Second on what?
Mayor Suarez: On item 18, the financing, using the Sunshine State Pool to
finance the bond issue for the Gusman Hall and Olympia Building renovation
which we have previously awarded. No?
Mr. Mulvena: Well, if I might.
Mayor Suarez: Did I misstate it?
Mr. Mulvena: If I might remind the Commission, one of the reasons that we
want to apply for it is and make a decision for this particular meeting is
that there will not be a pool there to us to take advantage of in 30 days.
And we don't have any other finance considered for the project, so it's pretty
critical.
Mr. Plummer: Let me ask the City Attorney? City Attorney, can we sell that
property?
Mrs. Dougherty: I don't know. I'll check it out. I know there's a special
provision by ordinance or charter provision.
Mrs. Kennedy: What was...
Mayor Suarez: While you do that, Mr. Manager, could we get from you, and I
know it's going to take a little time, some kind of a report on possible
properties that we could divest ourselves of. I know you've been considering
a couple. This is another one. I know we thought about another parking
garage.
Mr. Odio: No, we have the...
Mr. Plummer: We've already done that and he's to come back next month with
that list.
Mayor Suarez: OK, when are we going to get that?
Mr. Odio: In fact, I was telling Commissioner Dawkins I would trade the
Watson Building for a pool in Range Park, but we have appraisals on the Watson
Building. We will bring back in the first meeting of January, a whole list of
properties to you.
Mayor Suarez: Beautiful. I'm sorry, maybe I forgot. OK, we have a motion,
do we have a second? Please, somebody second. I'll second.
Mr. Plummer: Motion made and duly seconded that the City make application to
the Sunshine Fund in the amount of $10,000,000 for the renovation to Gusman
Hall and the Gusman Building. Motion understood. Any further discussion?
Hearing none, call the roll.
The preceding motion, introduced by Vice Mayor Kennedy and seconded by
Mayor Suarez, failed to pass by the following vote:
AYES: Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
Mr. Plummer: Motion fails three to two.
Mrs. Dougherty: Wow.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 7:16
P.M. AND RECONVENED AT 7:30 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT
COMMISSIONER DAWKINS.
214
November 19, 1987
------------------------------------------------------------------------------
80. A. REINSTATE POLICY TO PLACE UNDER OATH INDIVIDUALS TESTIFYING IN
PLANNING AND ZONING ISSUES.
B. CONTINUE CERTAIN ITEMS TO SPECIAL MEETING OF DECEMBER 2, 1987.
C. GRANT RENEWAL OF PERMIT FOR 3 YEARS FOR FLEA MARKET AT FLAGLER DOG
TRACK (WITH CERTAIN CONDITIONS).
------------------------------------------------------------------------------
NOTE: Due to audio difficulty, the first few minutes of this item was not
recorded.
Mr. Guillermo Olmedillo: ... brought on a denial, on an appeal, excuse me, to
the Zoning Board, the Zoning Board upheld the decision of the Planning
Director and I believe now the appellant should be the one to present its
case.
Mayor Suarez: Counselor.
Mr. Al Cardenas: Thank you, Mr. Mayor, members of the Commission. For the
record, my name is Al Cardenas...
Mayor Suarez: Not that you need the microphone, but...
Mr. Cardenas: I understand. My address is 1401 Brickell Avenue, Miami,
Florida. I'm here on behalf of the applicant, Flagler Flea Market, in an
appeal to this Commission from a denial by the Planning Director of a special
class C permit to operate a flea market on premises located at the southwest
corner of the intersection of N. W. 37th Avenue and 7th Street. As you may
know, this Commission in 1984, adopted an ordinance permitting, under certain
conditions and circumstances, the operation of a flea market. This flea
market, therefore, has been in operation since 1984. It's operating under a
class C permit that has a three year period of longevity and we're asking for
its renewal. The Planning Director, in a letter dated June 12, 1987, denied
our application for this permit and we're here appealing that decision. There
are approximately, at this point in time, 467 vendors. You have given us
permission under the original site plan to have a total of 620 vendors or so.
They're now actively engaged in this operation approximately 467 vendors, of
whom a total of 404 vendors, a vast majority, reside in the City of Miami.
_ Many of whom are here this evening and I would ask those vendors who are here
in favor of the continuation of the flea market operation, to stand up for the
Mayor and the City Commission to see you here. If you'll please stand up. Of
course many, Mayor and members of the Commission, cannot fit into the
auditorium so they're in the back.
Mayor Suarez: We see the arms raised in the back.
Mr. Cardenas: Very good. Thank you. Mr. Jose Villalobos is the attorney for
the vendors and he will briefly address you after the conclusion of this
presentation and I am sure that he will introduce a number of them to address
you for the sake of brevity because we know you've got a full agenda.
Mayor Suarez: Do you represent the owner of both the flea market and also the
shopping center across the street, do you not?
Mr. Cardenas: Yes, I do.
Mayor Suarez: I don't mean that you represent them in this matter as to both
but I mean he's the same and is the same individual, the same entity, right?
Mr. Cardenas: Yes, sir. That's correct. Mr. Villalobos will address you,
he's cognizant, as I am, of the full agenda that you have and we have asked
the vendors as well as the neighbors and the merchants who are in favor of the
continuation of this operation to submit a small number of representatives to
speak briefly to you on the record and that way shorten our presentation as
much as possible. I'm also pleased at this time to submit to you a petition
signed by over 2,000 neighbors. These are individuals with names and
addresses who live in the vicinity of the flea market and within the City of
Miami. And I'm going to provide this to the City Clerk for its records. I am
215 November 19, 1987
also going to pass and make part of the records, Mayor, members of the
Commission, a chart which has been prepared pursuant to that petition as
setting forth in red dots the approximate location of the homes of each of the
neighbors who have signed the petition and who have individually expressed to
a responsible person their support of the flea market operation within their
immediate vicinity and I'm going to pass this for your easier perusal.
Mayor Suarez: Al, let me get a feel for, and Jose, for what kind of
opposition we have here so that we can allocate time accordingly. It may be
that this can be a lot quicker than people expect. Is there any attorney
representing the opposition? Is there anyone here who wishes to be heard
against, I'm sorry...
Mr. John Fletcher: That's all right. My name is John Fletcher and I'm an
attorney representing the objectors to this flea market, yes.
Mayor Suarez: How many objectors are here or what kind of presentation do you
intend to make?
Mr. Fletcher: We have a number of people who would like to speak about this.
They're neighbors and members of the Merchants Association from Central Plaza.
Mayor Suarez: OK, so I guess we will be taking... obviously, to the extent
that you take time we'll have to provide more time to the opposition so...
_
Mr. Cardenas: I understand. I'm going to be as brief as I can, Mr. Mayor,
but I do have to set a predicate because I believe there's a possibility of
litigation after your decision this evening. As I mentioned to you, there are
approximately 600 signatures from individuals who live within a mile or less
of the flea market who expressed their support of this particular application.
I'm going to ask those of you who are not vendors, but are neighbors who
reside in the immediate vicinity of the flea market, and I'm going to say it
in Spanish if you don't mind, (speaks in Spanish here). I think you can see
some in the back as well, Mr. Mayor. OK, and quite a few in my back. Thank
you. Likewise, I'm pleased to report to you that a good number of merchants
with stores in this intersection as well as within the merchants shopping
plaza, Central Shopping Plaza, have likewise expressed their support
enthusiastically. I've already provided you, Mr. Mayor, members of the
Commission, with letter of support from Wendy's, Taco Bell, and Angelita
_=
Novias, Florida Gold Chicken, Burger King, MacDonald's, Government Discount,
Inc., which is located within the shopping plaza; E1 Prado Court Bakery and
Restaurant, also located within the shopping plaza; the Central Plaza Barber
--
Shop and others. I'm pleased to also inform you that here with us this
evening are a number of individual speakers who are merchants within the
shopping center and they, likewise, will be addressing you as I call them
forward in support of the application. Community organizations have likewise
expressed their support to you in writing such as the Beacon Council, the
Cuban Municipalities in Exile and others and copies of their letters of
—
support have likewise been provided to you. In short, other than the few
—
people here in opposition this evening, thousands have expressed their support
for the flea market, including the hundreds of people here today. We're here
before you, as I said earlier, on an appeal brought from the Planning
-
Director's decision. The major concerns raised by the Planning Director and a
small number of merchants and neighbors as the reasons for the denial of the
_
permit, I think can be categorized as follows: 1) traffic, 2) increased
—
crime, 3) neighborhood property values decline, and fourth, a reduction in the
-
sales by the merchants of the Central Shopping Plaza. Three expert
_
consultants are here to rebut these contentions and conclude that they're
_
unfounded. They will address you briefly this evening. Let me introduce you
'to them at this time and then I'll ask them to address you. They have
purposely made their presentations very concise, lasting only a couple of
minutes or five minutes a piece to save time. They are Mr. Eugene Gunn of
Southeast Investigations and Security Group who will address you on the issue
of crime, Paul Black of AREEA, one of the largest if not the largest and most
prestigious real estate appraisal firm in south Florida, and David Plummer of
David Plummer and Associates are consulting engineers regarding the traffic
—
situation. But before I turn over the lectern to these experts, permit me to
address the remaining objections raised by the Planning Director in his denial
of the requested permit. And I quote from Mr. Rodriguez's letter of June 12,
1987: "Additionally neighbors and merchants...
216 November 19, 1987
Mayor Suarez: Counselor, before you put the witnesses on, it's being
suggested that we put them all under oath at the appropriate time and we could
do it collectively, we do have a notary here.
Mr. Cardenas: OK, would you like to do that at this time? That's fine.
Mayor Suarez: Yes, whenever, I just wanted you to remember, because I might
forget.
Mr. Cardenas: I think it's better if we do it for everyone.
Mayor Suarez: That's the idea.
Mr. Cardenas: Yes.
Mr. Plummer (Off and on mike): Well, Mr. Mayor... minute, you know there was
a policy and I'm just wondering here, what happened to the policy where anyone
who testifies on a zoning matter is put under oath? Why did we not follow
through on that? It is the policy of this Commission. Madam Clerk?
Ms. Hirai: No, sir, it hasn't been and as I remember once, Janet Reno was
- here once and she advised against it for some technicality that I fail to
remember now. She said that great care had to be exercised before you put
people under oath for this type of...
Mr. Plummer: She recommended against placing people under oath?
Ms. Hirai: Yes, sir.
Mr. Plummer: Madam City Attorney?
0 Mrs. Dougherty: I don't know of any reason why she would recommend that, but
we believe that it is in order and, in fact, advisable to do so in these sorts
001 of things.
Mr. Plummer: I would offer a motion at this time, Mr. Mayor, that the old
policy be reinstigated that anyone who is testifying before this Commission in
relation to zoning matters be placed under oath prior to testifying. I so
move.
Mr. Dawkins: Second.
Mayor Suarez: So moved and second and thirded. Any discussion? Call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-1061
A MOTION REINSTATING AN OLD POLICY OF THE CITY
COMMISSION WHEREBY ANY INDIVIDUAL APPEARING BEFORE THE
CITY COMMISSION TO TESTIFY IN CONNECTION WITH PLANNING
AND ZONING ISSUES SHALL BE PLACED UNDER OATH.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: With the proviso, I would still like to hear from Janet Reno if
she has an objection and, if so, we would reconsider and remove it.
217
November 19, 1987
Mayor Suarez: Well, the recommendation by the City Attorney was really as to
this case, why don't we hold that in abeyance until we get...
Mr. Plummer: Let's just go ahead and do it and then if she has a good reason
for objecting, then we'll withdraw it again.
Mayor Suarez: However you want. Go ahead, proceed Counselor.
Mr. Cardenas: Thank you. Are you going to swear them in now or should I
continue?
Mayor Suarez: This is as good a time as any, but if you want to complete your
presentation just so you do it before...
Mr. Cardenas: We might as well get it all done and that way, you know, we've
had one interruption. I mean, I'll do whatever you please.
Mayor Suarez: Do you want to administer the oath, somebody?
Mr. Plummer: The Clerk does. -
Ms. Gloria Fox: Please raise your right hand if you're going to wish to
speak. Anybody who is going to wish to speak on this item, please raise your
hand at this time.
Mr. Cardenas: (Translates to the audience in Spanish.)
Mr. Olmedillo: (Addresses the audience in Spanish to explain that all
speakers must raise their right hand to be sworn.) -
Ms. Fox: Do you solemnly swear from the testimony you have to give to tell
the truth, the whole truth and nothing but the truth? Thank you.
® Mr. Plummer: Now, each and everyone of you are married for life.
(Laughter)
es
Mr. Cardenas: Thank you. If I may continue, I was quoting from Mr.
Rodriguez's letter of denial, the rationale for the denial of the permit
applied for and I state as follows: "Additionally, neighbors and merchants
have complained about the smell of decaying food, trash, noise, decrease of
property values, inability to sell their properties because of marketability
limitations, increase in crime, all of which," and I underline the word all,
they "attribute to the flea market. All of this has created an inharmonious
relationship with the neighborhood." As stated earlier, I'll discuss the real
property, traffic, and crime issues and, of course, the merchants' sales
through the experts. However, as to the allegations of decaying food, trash
and noise, kindly note as follows: On April 4, 1985, I personally wrote to
- the Planning Director and a copy of that correspondence is in your files,
confirming the commitments made at the Planning Director's office by
ourselves. These commitments were implemented, they were as follows: a) fish
_ vendors were moved from the west side of the market to the corner of N.- W.
_ 37th to 37th Avenue and 7th Street. We removed the westerly row of speakers
from the property and located trash barrels at each entrance to the facility.
7 Subsequent to that,. Planning Director continued to receive complaints from two
neighbors in particular and I met with him again regarding the complaints from
these two neighbors and agreed as follows: 1) that the facilities would not
be open until 7:00 a.m., that the P.A. system would only be used for
emergencies and, again, restated that the fifteen or twenty west enders would
have been moved to the center section and if it was still unacceptable, that
operation would have been discontinued. Then, there was a third letter; all
of these things that I'm mentioning to you were implemented at the time or
shortly thereafter that the commitments were made. A third letter was then
sent to the Planning Department as pursuant to a third conversation relative
to the complaints received on February 27th of '87 stating the following:
That a mesh screen had been installed along a chain link fence on N. W. 38th
Court because there had been complaints that when the winds took over, some of
the papers went through a chain link fence. So that was done. Five off duty
police officers were employed at all times before and after the operation of
the market. The P.A. system was totally eliminated from the premises. As you
could see, gradually we are eliminating portions so that finally we totally
eliminated. We hired property management and maintenance and the gentleman
218 November 19, 1987
who owns that company is here this evening and can easily, and would be
willing to testify to you, of course. They employed 25 people just for this
_ project alone. They are the individuals, they're a company that you hire to
_ clean your Orange Bowl, Miami Stadium and other municipal facilities and I
believe that your staffs inform me that they find their services to be
adequate and they're pleased with them. Twenty-five individuals are hired
every weekend to dedicate exclusively to cleaning up this facility before,
during, and after. They clean the flea market on Saturdays and Sundays after
_ it closes; they don't wait until the next day. They put out 50-gallon drums,
as many as need be. They empty the drums and pick up trash as need be during
the day and they police the outsides of the flea market, especially on 38th
Court during its operation four times a day to pick up trash as need be. In
short, no one's perfect. However, we believe that we have responsibly dealt
with the major concerns of the few neighbors who have complained during this
three year period. The only remaining unanswered concern appears to be the
issue of the fish vendors that had been raised earlier. They have been moved
clearly over to the 37th Avenue intersection. Concern has also been expressed
and will be discussed during our presentation about ingress and egress to and
_ from N. W. 7th Street and the parking on the Central Shopping Plaza by patrons
of the flea market. This pedestrian and vehicular ingress and egress to and
- from N. W. 7th Street, we're likewise willing to accept a class C permit with
_ certain conditions and safeguards addressing these particular concerns. David
_ Plummer will show you shortly an illustration of of how parking and traffic
will change if the gates on N. W. 7th Street remain closed. They're using the
same site plans that had been previously presented to the Planning Director in
1984. Again, if this Commission may condition the issuance of a permit on
maintaining these gates closed on N. W. 7th Street, they may also impose
another condition or safeguard if it deems it appropriate pursuant to Section
2306 of the City of Miami zoning code which permits you, on the issuance of
special class C permits on a review of those matters, to impose certain
conditions and safeguards to the issuance of a class C permit. Those
conditions and safeguards may be imposed by a Planning Director, may be
imposed by the City Commission as well. I also want to address to you a
s particular situation and that is that if anyone reviews the transcript of the
Zoning Board hearing, I...
Mayor Suarez: You're saying we have a lot of discretion in imposing those
safeguards such as days of operation and so on?
Mr. Cardenas: Pursuant to that section, yes. It's different from a zoning
application, Mr. Mayor, there are certain things that we can't do, for
example, we can't submit a different site plan to you than was originally
submitted in 1984 or was submitted with this particular application to the
Planning Director. We cannot do that. We cannot, likewise, change our
situation from that which - we can't voluntarily proffer as we would on a
zoning matter, certain restrictions that we feel we can and, of course, we
feel we're entitled to, but it's in question. But section 2036 of the City
code and others provides you with the City Commission the total flexibility in
our...
Mayor Suarez: What is your current status on days of operation?
Mr. Cardenas: We are bound to the original limitation of the original
approval in 184 and that is we're only allowed to operate on holidays, on
weekends and at no time more than three consecutive days.
Mayor Suarez: How are holidays defined?
Mr. Cardenas: Excuse me?
Mayor Suarez: How are holidays defined? You're talking about official
holidays, for example, the ones recognized by the City.
Mr. Cardenas: Official holidays, official holidays, that's right. And, in no
event, are we allowed to operate more than three days in a row, for instance,
if there are four holidays in Thanksgiving, we can't operate Thursday, Friday,
Saturday and Sunday. At the most, we'd be able to operate would be on three
days and those are that limitations. In conclusion, the spirit and intent of
this ordinance is explicitly set forth in the very last sentence of section
2038.2, which you the Commission, adopted at that time in 184 and that was the
- birth of this particular operation. That last sentence of section 2038.2
states as follows: "That operations may be further restricted within the site
219 November 19, 1987
to achieve a harmonious relationship with the surrounding neighborhood." The
spirit of the law, therefore, is clear and specifically encourages the
_ Planning Department and/or the City Commission to modify or restrict certain
activities if problematic to our harmonious relationship with the
neighborhood. This, we thought, had been accomplished during the course of a
three years of operation and maybe it hasn't and maybe further steps may be
advisable. If so, they are certainly legally appropriate pursuant to the
section 2036 I cited earlier of your City Zoning Code. However, Mayor and
members of the Commission, I feel, as well as those who advocate the continued
operation of the flea market, that an absolute denial of a permit was improper
when the imposition of conditions and safeguards would have properly done the
job. As such, we respectfully suggest that should be the finding of this City
Commission to overturn the denial of the permit on the grounds that an
absolute denial was improper and that the imposition of additional conditions
and safeguards would have properly done the job. That is specifically the
position that we feel is fair and appropriate under the circumstances. Now,
I'll introduce to you Mr. Eugene Gunn of Southeast Investigations and
Securities Group who will address you on the allegation of certain objectors
and the Planning Director's letter that crime has increased in the area as a
result of the operation of the flea market. Mr. Gunn.
Mr. Eugene Gunn: Mr. Mayor and members of the Commission, my name is Eugene
Gunn. I'm a retired deputy police chief, I served 30 years with the City of
Miami. I'm employed with Southeast Investigations and, along with my
partners, there are four secret service agents with an excess of 20 years and
they're also retired. We were contracted by the West Flagler Dog Track Flea
Market to look at the crime in the area. The area was 188, 189, 204, and 205.
That was the crime reporting areas for the City of Miami Police Department.
We received the computer data from the Police Department regarding these
areas. We did not consider it a crime that was committed on LeJeune Road or
Flagler Street or as far north as 14th Street because of the distance away
from it from the Flea Market and also that these main thoroughfares have crime
histories of their own. So it would be unfair to consider that as the flea
market. What we did was to look at the crime of the part one crimes, Ken, of
e homicide, manslaughter, rape, robbery, assault, aggravated assault, simple
assault, breaking and entering, larceny, and vehicle theft. We looked at it
for 1983, 184, 185, and 186 and part of 187 and realized that 185 and 186 were
the only two full years of operation. So we limited our study just to 185 and
186. We found that in all the crimes reported in the four reporting areas,
that the average number of reports per day...
Mayor Suarez: You can either take the regular mike or the hand held one.
Mr. Gunn: Thank you. We found that in all four reporting areas for the total
areas, that there were approximately one or 1 1/4 reports per day. Now, we
only considered reports where the police officers were called to the scene and
initiated a report. So it was never exceeded 1.25, but it was interesting to
note that on Fridays, a non -flea market day, there were 1.25 reports
generated in the areas compared to Sunday, a flea market day, was 1.18 was
tied with Monday's 1.18 and also Saturday is one of the flea market days was
the lowest number of reports with .88. In 1985, there were a total of, on
Saturdays and Sundays there was an average of 64.5 crimes reported for the
Saturdays and Sundays for the year. Mondays through Fridays had an average of
71.4. In 1986, a similar situation existed, Sundays did have an average of
66, but the other days of the week had an average of 64 with just a couple of
reports. In looking at the total of all the crime committed in the area, it
was our conclusion that the flea market was not the result of any increase in
crime in area. There were more crimes committed inside the Zayre's stores, it
was total larceny; larceny was the highest number of crimes committed but
these crimes committed inside a Zayre's store for shoplifting amounted to from
1/4 to 1/3 of all the reported crimes in the area. And this was the result of
the aggressive action of the management of Zayre's to prosecute shoplifters.
So in conclusion, I can state that on Saturdays and Sundays, that for 1985 and
186 and '84 and 183, in looking at everyone of the years, the Saturdays and
Sundays have the lowest incidence of crime, when you're looking at both of
those days, compared to the rest of the days of the week.
Mayor Suarez: The only thing that seems to diverge from your conclusions is
the rate for Sundays, which definitely seems to have gone up over the last
three years.
220 November 19, 1987
Mr. Gunn: On Sundays for 1986, there were two compared to higher days in the
week, there were...
Mayor Suarez: Well, but I'm not comparing to other days in the week. I'm
just taking Sundays.
Mr. Plummer: Based on your conclusion, there ought to be flea markets
everyday and crime would reduce.
Mr. Gunn: Well we... that's right. One of the reasons we concluded what you
_ just said, Commissioner, was the fact is there's a lot more law enforcement
officers that are hired by the flea market in the area and this has reduced
_ the numbers of incidents of opportunity for crime. So, in conclusion, we can
_ say honestly that the flea market is not the cause of increase in crime in the
area.
Mr. Cardenas: Thank you. Thank you, Mr. Gunn. I'll now ask Mr. David
Plummer of David Plummer & Associates to address this Commission relative to
the traffic issues. David, and Mr. Plummer's somewhat incapacitated here so
we'll - physically, of course - so we'll let him move along a little slower
this evening.
Mr. Plummer: David, would you please put on the record for the last 500 years
that we've checked, we're not related.
Mr. David Plummer: Don't mind, I'll start standing up because I'd like to go
into exhibits. For the record my name is David Plummer, my address is 4225
Salzedo and I am a traffic consultant that Al asked me to take a look at the
-
various parking and circulation issues. And as Commissioner Plummer said, we
have the same last name, but we are not related as far as we know. Just so
that we can all orient ourselves to the same discussion, I'll start out with
an aerial photograph of the site. Shown in blue is the project, along the
easterly limits is Douglas Road or N. W. 37th Avenue. The north boundary of
the site is N. W. 7th Street. The west boundary of the site is N. W. 38th
Court. But the reason I wanted to show the aerial is, in looking at the
traffic and parking issues, probably the most consistent complaint we seem to
receive is from the shopping center that's located just north of the site.
=_
Just for the record, the buildings of that shopping center are located along
its west boundary and along its north boundary and there's a very large
parking area that occurs in that area there along the south edge. If we can
—_
just take a look for a minute at the original site plan that was approved as
part of the permit in 1984. Again, this is a drawing that was part of that
permitting application, again 37th Avenue being along the west edge, 7th
Street being along the north edge, 38th Court being along the west edge. And
in that application, as you can see, the 625 vendor locations were all located
-
along the north and the west side of that site. The access was a combination
of access along 7th Street and access along N. W. 37th Avenue. And since it's
=
not part of the application, I think it's important I explain how it works.
At the present time, there's a very short term vendor entrance off. of 38th
Court that is closed early in the morning and it's never open to any of the
-
patrons. There are two pedestrian access points located along the site along
N. W. 7th Street. There's no inbound motor vehicle access along N. W. 7th
-
Street. The parking areas in the original permit, with the area along the
west edge, excuse me, along the east edge of the front, and along the south
-
edge behind the actual dog track. There is a motor vehicle entrance off of N.
W. 7th Street, 37th Avenue, excuse me, that's two way that leads to this
=
parking area. It has an access point outbound onto 7th Street. There's also
another access point along 37th Avenue to the south parking. But being
_
realistic, if you've ever gone out there on a Sunday, one of the complaints,
_
and it's legitimate, about the operation, of the flea market is that the south
parking is not used. The people who come and park at the flea market are a
combination of people who park in the original parking along the east edge and
they park along the south edge of the shopping center area. Now that is
promoted almost by the fact that two of the police officers in controlling
traffic, actually stand on N. W. 7th Street. And as the patrons exit from
their automobiles, they properly stop the traffic on N. W. 7th Street to allow
the people to cross the streets safely and enter the flea market. Now, not
every time, but several times on a Sunday, when they stop that traffic to
allow the pedestrians to cross, that traffic will back up to and start
-
interfering with the intersection of 37th Avenue and 7th Street. So the
—
combination of complaints we seem to receive about parking and traffic seem to
originate because the parking infiltrates into the shopping center area. Al
had asked me...
221 November 19, 1987
Mayor Suarez: Supposing we were to approve this, do you have any ideas on how
problem of the stopping of traffic can be resolved?
Mr. David Plummer: Yes, Mayor, we do. Al had asked me to not...
Mayor Suarez: Because those are off duty police officers.
Mr. David Plummer: Yes, they are and they do an excellent job. But you can't
move the pedestrians across fast enough to make the traffic get through the
intersection sometimes. So what we're suggesting is that we make a revision
in the pedestrian and motor vehicle access while keeping the site plan exactly
the same. Quite frankly, the fact that we had the pedestrian access points
along 7th Street promotes the shopping, parking and promotes or creates some
of the traffic problems. What we're suggesting is that we completely close
all of the motor vehicle and pedestrian entrances along 7th Street except for
a very short time in the morning when we let the vendors in.
Mayor Suarez: You're talking about to the flea market, not to the shopping
center.
Mr. David Plummer: That's right so you no longer would be able to park in the
shopping center because if you park there, you'd have to walk all the way
down, down 37th Avenue to enter. We would recreate that parking area along
the side...
Mayor Suarez: No, that's not what I meant, I meant that you don't intend, in
any way and I guess you couldn't, stop people from using N. W. 7th Street to
get into the shopping center.
Mr. David Plummer: Well, they will not make any motor vehicle access in or
out. They might pass the site but to enter the thing, they'll have to enter
off 37th Avenue.
Mayor Suarez: Not to enter the flea market, to enter the shopping center.
Mr. David Plummer: Oh, no, we won't be interfering with their access at all.
It will remain exactly the same. Our parking now will be located south of the
track and north of the track. We'll create walkways so wp make sure that it's
convenient to park on the south edge and get right up to the vendor areas.
The number of parking :+paces, the number of vendor spaces and everything
remain exactly the same. But the long walking distance, we've now created
from the shopping center parking to get in here, in our opinion, will
eliminate the problem because it will be easier to park here than it will be
to park there. Thank you.
Mayor Suarez: And it will improve the crosswalking of people trying to get to
the - on N. W. 7th which is really...
Mr. David Plummer: It will eliminate pedestrian crossings on 7th Street.
Mr. De Yurre: Mr. Mayor, I have a question.
Mayor Suarez: Commissioner.
Mr. De Yurre: Mr. Plummer.
Mr. David Plummers Yes, air.
Mr. De Yurre: What's the difference between the situation with the flea
market right now and the dog track when they're open on 7th Street?
Mr. David Plummer: The lawyers had asked me to look in it because the natural
thing would be, how do we compare in volume to the dog track. We have counted
the dog track and the same time we've counted the flea market and we've gone
through conversions and all that. They generate about the same volume. The
problem is for a traffic engineer, it's a difficult comparison. The dog track
is operating at night when the volumes are fairly low and they don't get out
until 11:00 or 11:30 at night.
Mr. De Yurre: Again, matinees also. The dog track has matinees.
222 November 19, 1907
Mr. David Plummer: Yes, they do, but the real conflicts -----, the high
volume ones seem to be on night time when there's little traffic, but the
volumes generated by the two uses are exactly the same and Al would like me to
add this one in there, I'm sure, that we also looked if the thing was rezoned,
if the dog track was eliminated and we put zoning in there that appears to be
acceptable that we receive from planners, we have probably about three times
the daily volume in there that we have under the existing uses. Whether
that's an argument or not, Al just wanted me to make sure I made that point.
Mr. De Yurre: OK, thank you.
Mr. David Plummer: Thank you.
Mr. Cardenas: David, just one point, the zoning already there on the site is
commercial so we could come to the City's Building Department with a set of
plans, build a shopping site according to code and David's associates have
come up with a traffic impact figure and that is that given the existing
zoning, and giving existing structure that could be built without going to the
Zoning Board for any variances or anything else, we could build a facility
that would generate a traffic impact three times the current operation of the
flea market or the dog track and just wanted this Commission to be cognizant
of that, that just happens to be a fact. Next, I'd like to introduce to you,
_ if I can, our expert on the matters dealing with two areas, 1) the allegations
in the Planning Director's letter and that of some neighbors that their
property values have diminished and, number 2) the allegation by a small
number of merchants, not by a majority, but a small number, that sales have
been detrimentally affected overall as a result... the merchants sales have
been overall detrimentally affected as a result of the flea market operation.
And for that I'd like to introduce Paul Black of AREEA, Paul.
Mr. Paul Black: Mr. Mayor and members of the City Commission, my name is Paul
Black. My address is 7058 S. W. 53rd Lane in Miami. I'm the senior market
analyst from AREEA which is Appraisal and Real Estate Economics. The company
- was founded in 1973 by Michael Cannon. Our main office is in Miami. We are a
full service real estate consulting and appraising company specializing in
research and analysis. We are also one of the largest appraisal companies in
South Florida. We also do investment analysis for major banks and investors
throughout the entire U.S. I personally have been involved with real estate
research and analysis for nine years. I have a bachelors and masters degree
in finance. Our assignment was to determine the impact of the flea market on
the value of homes that are located near the market and on the merchants in
the Central Plaza Shopping Center. In my presentation, I'll be referring to a
market area. This is the borders of the market area which is essentially
north of Flagler, south of N.W. 7th Street, west of 37th Avenue, and east of
42nd Avenue. Essentially, it's the homes to the west and the south of the
flea market. I would first like to talk about the value of the homes, then I
would like to talk about the appreciation rate that these homes have
experienced and then I would like to end the residential portion of this
presentation with a look at the assessed values. In order to determine the
market value of homes, I looked at those homes that were sold from 1980 to
April of 187. There were about 109 such sales in the market area and my
methodology was really very simple. I took those homes that sold by year and
I determined an average sales price for every home that sold in each year. I
was then able to calculate through data that AREEA collects the same figures
for homes that sold in the county; I'm talking only single family homes now
and I plotted the percentage increases or decreases from one year to the next
and that's what is plotted on here. For example, in 184 which would be the
first year to really feel the effects of the flea market, we see that both
Dade County at the average price of the home in Dade County fell and also the
average selling price of the homes in the market area fell. Now, you can see
in 184 that the homes in the market area fell about 1 percent or so greater
than the homes in Dade County. We consider this to be relatively
insignificant since the market area is a fully matured area with little or no
new homes being built and the Dade County numbers would certainly include all
that new construction that's going on in the County. This next table deals
with the appreciation rates and here I took those homes that were sold more
than twice, one home was actually sold three times between 1980 and 187. As
one would expect, some homes were sold at a loss, but the vast majority of
homes were sold at an increase in price. I'd also like to point out that a
number of homes that experienced appreciation from 10 to 25 percent were owned
less than three years. So we're not looking at a 20 year appreciation rate
here. This next table deals with the assessed value as determined by the Dade
423 November 19, 1987
County Property Appraisers Office. As you can see, in '85, the market area
_ had an increase in assessed value. The average home increased 7.8 percent
while at the same time, those homes in all of Dade County increased by less
than half. In 1986, you can see is essentially a wash, both the market area,
the homes in the market area and the home in Dade County increased at just
- about the same rate. To sum up the residential component, 1 can really see no
adverse affect on the values of the homes in the market area due to the
existence of the flea market. I'd now like to address the issue of the
tenants in the Central Plaza Shopping Center that their sales have suffered as
_ a result of the existence of the flea market. What I was able to do here was
take numbers that we were actually provided by the tenants. These numbers are
_ gross sales and I categorized, by store type, their sales one year after next;
did the sales go up or sales go down. Then, from information supplied by the
Florida Department of Revenue, I took the same store types for all the stores
in Dade County and I platted their increase or decrease in sales from one year
to another. What these pluses indicate that the stores in the shopping center
in these particular store types in these years, actually did better than all
of the stores of a similar type in the County which means their sales were at
a higher rate than sales in the county or that the decrease in sales was not
as sharp as the decrease experienced by the county as a whole. These
negatives would indicate that the stores, by store type, in the shopping
center did worse than the other stores of the same store type in the county.
That their increases were not as great or that their decreases were greater.
This red line would show the years of the flea market opened in 184. As you
can see, we see a number of pluses and minuses prior to the opening of the
flea market and we see a number of pluses and minuses after the opening of the
flea market, which is probably what you'd expect to see. The interesting
point is that since the flea market opened, a much larger percentage of the
store types did better than the county for the same store types as a whole.
Now, they could have done even better if the flea market hadn't been there? I
don't think anyone could answer that, but in terms of really comparing hard
statistics, a greater percentage stores did better after the existence
of the flea market. One way ,_ he economic health of an area is to
consider new construction 11. tk:: area. There's a shopping center directly
o across the street - I goes,:-;", map got taken away. There's a shopping center
across the street. That'li have 40,000 square feet of retail, should be
completed by year end and it is already at least 40 percent leased which, in
today's retail market, is really quite good. To sum up, I can find no
evidence to show that the merchants have suffered a loss of sales or that the
value of homes in the market area have suffered as a result of the opening or
the continued operation of the flea market. Thank you very much.
Mr. Cardenas: Thank you. That concludes our main presentation, Mr. Mayor and
members of the Commission. There are, as you could imagine, there were a
number of merchants and neighbors and vendors who wanted to speak. Due to the
late hour, I have asked that three individuals speak a minute or so on each
category so that we seriously limit from our perspective that input.• Of
course, there was concern expressed by those individuals, neighbors and
merchants and vendors who favored this proposal that they not be
disproportionately disenfranchised by giving a lot greater opportunity to
those advocates on the other side to speak at greater length so, in that
spirit, I would like to limit our presentations accordingly hoping that the
other side would do likewise.
Mr. Plummer: You always have rebuttal.
Mr. Cardenas: I understand.
Mr. Plummer: The applicant always has rebuttal.
Mr. Cardenas: OK. At this point in time, I'd like to introduce a couple of
the merchants.
Mr. Plummer: If needed.
Mr. Cardenas: I understand. A couple of the merchants in the Central
Shopping Center itself who are here advocating the renewal of the permit and
- asking that you do no. I'd like to first introduce Nory Zamora who is with
the Central Plaza Barber Shop and would like to address you at this time.
Nory.
Ms. Nory Zamora; (Needs translation - speaks in Spanish)
224 November 19, 1987
Mayor Suarez: We'll get somebody to translate.
Mr. Plummer: She sure doesn't look like my barber.
Ms. Nory Zamora: (Translated by Carlos Fernandez). My name is Nory Zamora
and I work at the Central Plaza and I work at the beauty shop. And I consider
the flea market does not hurt us in any way. Due to the cause that we also
benefit from the flea market. OK, the people that go to the flea market
sometimes do come to the beauty shop and we benefit from that and in addition
the parking does not affect us in any way due to the fact that when they also
have the races at the dog track, nothing happens really. In addition, there's
also 600 people that are employed and they work very hard and it's not just
that their employment is taken away due to the fact of this concerned problem.
This is all I have to say, to please have it in consideration.
Mr. Cardenas: Thank you. Next, I'd like to call to the microphone, Mr. Ramon
Maristanij. Mr. Maristanij is the owner and operator of the three businesses
within the Central Shopping Plaza, La Creacion, Nacional which is a clothing
store, the theater and a restaurant. Mr. Maristanij.
Mr. Ramon Maristanij: I'm here.
Mr. Cardenas: OK.
Mr. Maristanij: Mr. Mayors, City Commissioners, my name is Maristanij. I
think the flea market has helped the shopping center a lot and it hasn't hurt
my businesses. I see a lot of customers going into the shopping center and I
think it's a great idea.
Mr. Cardenas: OK, as I mentioned early, Mr....
Mayor Suarez: None of these will exceed two minutes, the individual...
Mr. Cardenas: That's correct. That's correct.
Mayor Suarez: ... so try to give me hand signal because our clock is...
Mr. Cardenas: Right. I also wanted to... I will stop there with the
merchants. There are a couple of other merchants but they've submitted
letters and I'll stop there, Mayor.
Mayor Suarez: Are those all introduced into the record already?
_ Mr. Cardenas: All of those letters have, yes. I submitted to you eight to
ten letters, I don't recall exactly the number but in that range of letters
from retailers who operated that intersection - oh, and many of them within
that shopping center that are in favor of this proposal. I'd like to, at this
time, introduce to you, a few neighbors who live in the immediate vicinity of
the shopping plaza who favor this continuation. I'd like to, at this time,
call Miss Gladys Lopez to the microphone.
Ms. Gladys Lopez: (Translated by Mr. Carlos Fernandez.) My name is Gladys
Lopez. I'm an owner and a neighbor of the area. I live at 3930 N. W. 6th
Street. I feel very happy this flea market is in the area. It has not
changed the lifestyle of the area in any shape or form. It's a commercial
center that benefits the neighbors in the whole area. That provides security.
Gives cleanness. Good opportunity. To all the neighbors that are located
around the area and the flea market. Muchas gracias.
Mayor Suarez: Very good. You came very close to staying within the time
allotted even with the translation.
Mr. Cardenas: Next, Mr. Mayor, I'd like to call to the microphone Maritza
Perez. Is she here?
Ms. Maritza Perez: (Translated by Carlos Fernandez.) My name is Maritza
Perez. I live at 266 N. W. 35th Avenue. By being a neighbor, I feel very
happy and very satisfied of being a neighbor of this flea market and there's
no problems at all and I'm completely satisfied. At the same time, I'm a
vendor in the flea market. As a vendor, I'm very satisfied and pleased that,
you know, this flea market has provided me the chance to sell and be a vendor
in this... I thank everyone here for...
225 November 19, 1987
Mayor Suarez: We're finished now from the appellant?
Mr. Cardenas: There's a gentleman that wants to speak. He'll be brief,
Mayor, Mr. Candido Frey Diaz. He's been here for about 4 1/2 hours and wanted
to say something. Mr. Diaz.
Mr. Candido Frey Diaz: (Translated by Carlos Fernandez.) My name is Candido
Manuel Frey Diaz. I live... 3800 N. W. 2nd Terrace. Second Terrace. What I
can say about the flea market that we have the people there are very tranquil.
There's never been any type of problems. And that all the neighbors that live
around the area we have no major complaints, nothing. In the contrary. They
respect all the people. In the equality of men as men and women. And, in my
opinion, I think they are making a living honestly. Thank you very much.
Mr. Cardenas: OK, that concludes merchants and neighbors and lastly, Mr.
Mayor, I'd like to introduce Jose Villalobos who represents the vendors.
Mr. Jose Villalobos: Good evening. For the record, my name is Jose
Villalobos. I'm an attorney at law and I represent most of the 550 merchants
that earn their living in the flea market selling Saturdays and Sundays. I am
not going to duplicate what my able partner and colleague have ably stated. I
just want to point out a couple of things and I'll just turn it over to the
two speakers that I'd like to introduce to you. There's a lot of times that
things are not noticed because they are absent. I want for this Commission to
notice how peaceful and how tranquil this meeting have been. Most of the
people that are present here are merchants of the flea market. These people
are honest people that have come in here and have sat quietly without uttering
a word, with utmost discipline and order and respect for, not only the Mayor
and Commissioners but also for the authority. In order not to duplicate, I'd
just like to call a couple of the vendors and I'll turn out the mike to Eva
Rosete.
Ms. Eva Rosete: (Translated by Carlos Fernandez.) My name is Eva Rosete. I
live at 115 N. W. 51st Avenue. I started at the flea market in 1984. I was
practically born there. I'm a woman that is divorced at this time and I'm
supporting my children. Thanks to the flea market. I have a student friend
that's helping me. Thereby paying for his education through working at the
flea market - by working at the flea market. My case is not the only one, you
know, of this nature that has to support a family on my own. I pay taxes.
You know, taxes. Everything that I have to pay. Thank you very much.
Mr. Plummer: Let the record reflect that the translator is not one of the
City. This woman did not say that she was born at the flea market; she's been
= there since it's inception. A hell of a big difference.
Mr. Fernandez: No, inception. Sorry about that. Doesn't look like a
hospital anyhow, does it?
Mr. Plummer: I mean, she even looks more than four years old.
Mr. Villalobos: We'd like to point out that the flea market merchants did not
even have the money to employ a professional translator and this is why we
need to thank our friend that came out on his own to translate for our cause.
- I'd like to call Mr. Rafael Botello, also a vendor in the flea market.
Mr. Rafael Botello: No, fortunately, I don't need an interpreter. My name is
Rafael Botello and I am in the flea market. The reason I am in the flea
market is because I need to work, honestly. I have a brother that had an open
heart surgery operation; for this reason he couldn't get a job. I had a job
myself and I have some type of sickness and I couldn't keep a steady job so I
have a part time job. I have to go to the flea market to complement my
earnings so I could support my family. I'd like to say very briefly that we
have been accused of many things, many things in radio and TV. We have been
accused of selling stolen merchandise, we have been accused of making a lot of
noise. I remember in the last meeting here in the Zoning Board, we were
accused of when it was proven that some of the things that were said here were
not true, for instance, shoplifting. It was said, and it's on the record in
the Zoning Board, that the people used to go since they couldn't - the
percentage was not good enough of people stealing on Saturdays and Sunday.
They went to the flea market and they have the audacity to say here, they went
to the flea market during the week, Tuesday, Wednesday to shoplift so they
could bring the merchandise to us and we could sell it in the flea market.
226 November 19, 1987
AFC
Ms. Hirai: Time's up, Mr. Mayor.
Mr. Botello: Am I finished?
Mr. Plummer: Damn near it.
Mr. Botello: That's too bad because I'd like to say a couple of things. This
is it?
Mr. Plummer: Wrap it up.
Mr. Botello: Oh, good. OK, now just about an hour ago, another accusation
was made on TV and this could be watched on the 10:00 o'clock news on channel
23. The gentleman sitting over there, he said that the Mayor, when he took
over the job, he said that Miami is full of cancer and one of the cancers is
the flea market. Now, we have been insulted, we have been called liars, we
have been called that we steal, everything. We keep quiet. All we want to do
ladies and gentlemen is work honestly...
Mayor Suarez: Let me ask you, who made this statement that I had said that?
Mr. Botello: Mr. Curi made that statement on TV.
Mayor Suarez: Oh.
Mr. Botello: OK?
Mayor Suarez: OK, no, no, I just want to know.
Mr. Botello: That's what he said.
Mayor Suarez: I just guarantee you that I never made that statement so it
doesn't really matter to me. But go ahead, go ahead.
Mr. Botello: And that's all I wanted to say. All we wanted to do is work
honestly and make an honest living. We don't want to go to the line to get
money from the government. We don't want to do anything. We just want to
work. Work honestly and that's it, that's all we wanted to do. Work
honestly.
Mr. Villalobos: That will conclude our presentation.
Mr. Cardenas: Thank you, Mr. Mayor, that's our presentation. And, of course,
we reserve the right to rebut anything new that's presented. Thank you.
Mayor Suarez: Thank you. Let's hear from the opponents, I guess.
Mr. Sergio Rodriguez: If I may, before the staff makes a presentation, I
would like to clarify a few things for the record. First, I refer you to the
whole package named PZ-16 of today's agenda and on page 24 there is a
chronology that shows the history of the complaints that have been happening
in this particular application since it was approved early on in 1984. So all
the way through in that history of complaints on page 24 it will show the
concerns that the neighbors have been expressing all the way through. Also, I
want to bring to your attention that I believe there was a mistake in Mr.
Cardenas' statement about the June 12, 187 letter by me, by the Planning
Director by Sergio Rodriguez. The letter he referred to is for the intended
decision and the one that it should be guiding your decision today is the one
that is on page 84, which is a final decision - 84 of your package - which is
a final decision and it's dated June 25th of 1987 and there are several points
that have been raised over there that will be covered by Guillermo in more
detail. Also, there was a reference made of Section 2036 which is mistaken
because that relates to child care. The right Section that guides the
decision of this - there are two sections in the ordinance, Section 2038.2
that relates to flea markets that was mentioned by Mr. Cardenas also and there
is also specifically, on page 266, Section 2305 that says: "City agents
charged with decisions concerning special permits," in this case a Class C,
"shall make written findings and determinations concerning such matters, as
are applicable in the case, reflect upon such considerations and the
standards, specifically in the record, and guided by such considerations, make
a decision." And one of those decisions is denial of application so I have
227 November 19, 1987
the choice as the person in charge of administering this section to deny
applications when I feel that there is a situation that have a negative effect -
on the neighborhood. And the reasons for denial could be based on those items
I mentioned in Section 2305 which are listed on page 266, 267, and 268 of the
_
Zoning Ordinance.
Mr. Cardenas: Excuse me, Mr. Rodriguez, just a second. Just to reflect on
the record what you said was correct. If I had misstated it, the Section that _
is applicable to providing conditions and safeguards is 2306 and if I said
2036, I interposed two numbers and I apologize. It's 2306.
Mr. Rodriguez: It's 2305 specifically that relates to the conditions and then _
2306 talks about possible safeguards and conditions. With that, I would like
Guillermo Olmedillo from the Planning Department to make a presentation on the
reasons for denial in this case. -
Mr. Guillermo Olmedillo: Mr. Mayor, Commissioners, Counsel for the applicant
has stated at the beginning of the presentation that the Planning Director has
--
based his decision on the letter which was stated as being the intended —
decision which started with additionally, I wanted to bring your attention up
to the denial, to the actual denial, which is on the first page of your packet _
under PZ-16. And the Planning Director's decision, it's specific and it -
reads: "Denial Class C 87646 special permit for the flea market at the
-
Flagler Dog Track was disapproved based on the following findings." And he _
lists four of them: 1) pedestrian and vehicular traffic has intruded into the
residential neighborhood, 2) outside parking has affected the residential and -
s�
commercial district, 3) refuse and odors have impacted negatively on the
surrounding areas; the flea market activity, that's number 4, has created an
_
inharmonious relationship with the neighborhood. And then he says: "In
addition, or additionally, the activity of the flea market disturbs the
tranquility of adjacent residential areas in early hours of weekends and
holidays and poor traffic management has created problems of vehicular and
=_
pedestrian safety on abutting arterial streets. Traffic associated with the
flea market activities has impacted disproportionately on residential
edistricts
surrounding the subject property. Additionally (and this is the one
O
that Mr. Cardenas keyed on) additionally, neighbors and merchants have
complained about the smell of decaying food, trash, noise, the decrease of
property values, the inability to sell their property because of marketability
limitations, increase in crime," all of which they attribute to the flea
market. As you can see, there is a difference between the reasons why the
Planning Director has denied the permit and the reasons that counsel for the
—
applicant states that the Planning Director has use for the denial of the
permit. And I will go briefly through the reasons by the Planning Director
_
found this to be unacceptable. Pedestrian and vehicular traffic has intruded
into the residential neighborhood. The consultant for the applicant, David
Plummer, stated that they would be willing to put remedies to the problems,
—
therefore recognizing the fact that there are parking problems and there are
traffic problems. Therefore, if the applicant recognizes that there are
problems, the Planning Director is correct in making that statement. Second,
outside parking has affected the residential and commercial district. We
found in the inspections that we made the people were parking on the
residential areas around the flea market and on the Central Shopping Center.
Pedestrian traffic was allowed to cross from Central Shopping Center and
vehicular traffic on 7th Street was stopped to allow pedestrian traffic to go
—
through. Therefore, again, the Planning Director is correct in making the
statement. Three, refuse and odors having impacted negatively on the
—
surrounding areas. The inspections made in the area proved that, yes, there
are smells and trash in the area when the flea market is going on, the
activities going on. The flea market activity has created an inharmonious
relationship with the neighborhood. The best proof that we can present is
that the neighbors are here protesting and objecting the flea market itself.
Other things which counsel for the applicant presented were crime figures,
—
crime statistics; as I said, that is a secondary item picked up in the
commentary by the Planning Director. We have...
Mayor Suarez: The primary being what?
Mr. Olmedillo: The four that I listed: pedestrian and vehicular traffic.
Mayor Suarez: OK. Four primary and now what do you consider secondary?
228 November 19, 1987
Mr. Olmedillo: And then it says, additionally, and this is why I pointed out
that the counsel for the applicant had keyed...
Mayor Suarez: Has the pedestrian and vehicular traffic issue been somewhat
alleviated by the proposal?
Mr. Olmedillo: The proposal that they present does alleviate the traffic, the
pedestrian traffic from Central Shopping Center to the flea market, but it
does not address the problem that there is on 37th Avenue, east of 37th Avenue
which is a residential neighborhood, a single family residential neighborhood.
Mayor Suarez: Let me make an announcement real quick, Guillermo. Here's what
the consensus of the Commission is for tonight for other items that are
waiting. Frankly, I didn't know this one was going to take this long and had
I known that, I don't know that it would have been fair to handle it first
before all the other planning and zoning items, particularly since some of you
have been waiting more than one Commission meeting to get your items finally
resolved. We are willing to go tonight till 10:00, which is an hour later
than this Commission has wanted to go in the past and what we'll be able to do
is this item will take about another, more or less how much, counselor, do you
think?
INAUDIBLE COMMENTS.
Mayor Suarez: I would figure, you know, without being too conservative,
another half hour for this item so would take us to about 9:15 and then about
a half a minute rebuttal and, realistically, we would probably get no farther
than, at the very most, the first, what, do you have any idea how
controversial the first five or ten items are?
UNIDENTIFIED SPEAKER: Maybe five.
Mr. Olmedillo: On the first five, there is controversy on number 3, 4, and S.
Number one...
Mayor Suarez: I would say the first five items of the - are those all
related...
Mr. Olmedillo: No.
Mayor Suarez: ... or are you saying...
Mr. Olmedillo: There are...
Mayor Suarez: Oh, individually controversial, OK. The first five items, at
most and I think we can make an announcement, Madam City Attorney or Madam
City Clerk, if this is proper, that we would not go beyond PZ-5. This
Commission has also reached a consensus here, and I think it's a fair one,
towards all of you who have been waiting for these planning and zoning matters
to be resolved, that we will have a special afternoon session, because in
December we only have one Commission meeting, we will have a special one to
resolve all of the other planning and zoning items that are pending before us
which, I guess, is about another 28 beyond PZ-5. And what best date for that
is, we may as well resolve it right now so that we can announce it. So anyone
who has PZ-6 and higher could, in effect, go home and know that your item has
been continued until that special. session.
Mr. Walter Pierce: December 2nd or 3rd?
Mayor Suarez: Second or 3rd, one of them is Commissioner Plummer's birthday,
you said?
INAUDIBLE COMMENTS.
Mayor Suarez: What are you going to be, about 657
Mr. Plummer (Off mike): Mr. Mayor, 65 is the percent I got in the primary
with five opponents.
(Applause)
229
November 19, 1987
16 4
Mayor Suarez: Very good. Yes, you can play dominos now, too at Domino Park.
December what is your birthday?
Mr. Plummer: It's immaterial, I don't mind meeting on my birthday.
Mayor Suarez: The 2nd or the 3rd is what days of the week?
Mr. Pierce: The Wednesday and Thursday.
Mr. Plummer: Wednesday or Thursday.
Mayor Suarez: OK, any preference, any Commissioners? Any preference on
either one of those two?
Mrs. Kennedy: Either day is fine with me.
Mr. Plummer: I would prefer, if you have no problem, December 1 which is a
Tuesday.
Mayor Suarez: Why not December 1?
INAUDIBLE COMMENTS.
Mr. Plummer: Do what?
UNIDENTIFIED SPEAKER (Off mike): .... we've got a Honduran Initiative...
Mr. Plummer: Well, we're meeting in the afternoon only, not in the morning or
night.
Mayor Suarez: OK, December 1, going once, going twice, going three...
INAUDIBLE COMMENTS.
Mr. Plummer: 1:00 o'clock.
Mayor Suarez: Planning and zoning. I'll entertain a motion that we continue
planning and zoning items 6 through the end, which is what, 33, to a special
Commission Meeting to be held on December 1st, a Tuesday, beginning at 1:00
p.m.
Mrs. Kennedy: I so move.
Mayor Suarez: So moved.
Mr. Walter Pierce: Mr. Mayor.
Mayor Suarez: No.
Mr. Pierce: There may be some items in there that by law cannot be heard that
early. Why don't we check that, come back to you with the time before we're
going to...
Mayor Suarez: I'd like to be able to announce the time, if I could.
Mr. Pierce: Five minutes, five minutes, OK.
Mayor Suarez: OK. Proceed, I'm sorry.
Mr. Olmedillo: Again, going to the issues which were not the four issues
addressed by the Planning Director, going into the crime issue, two comments I
have to make. One, that the comprehensive study was not conclusive in the
sense that it is not comparative. It does not compare, the same area before
the flea market and after the flea market so we would have to go back to the
figures, crime figures, before 184 and compare them to the present figures or
since the flea market has been in operation so that the comparison can really
be made. The Police Department was gracious enough to give us all the
figures, all the calls for services that they had since 1984 and there are
thousands of them so in order to make sense out of this, I think a comparative
study has to be made prior to the flea market and post flea market. The
issues of value of property, which again it is not one of the primary reasons
but I have to address it, the value of the property the consultant has made
230 November 19, 1987
comparisons between real estate in the county to real estate within the City
of Miami. There are differences and you have to contemplate those
differences. The issue of the sales of the merchants, that's something that
we don't have any figures on and I will not be able to address that issue.
Mayor Suarez: Well, the comparison of real estate values also included a
consideration of a smaller area than the City of Miami, did it not?
Mr. Olmedillo: The figures that I heard, they related more to the County and
figures which are very general in the County and like I said, it's...
Mayor Suarez: But the comparison was to figures in the area in question.
Mr. Olmedillo: Right. What I'm saying is that they were not really
comparable because one is out in the county and one is within the City of
Miami. The issue of the fish vendors which were moved from one place to the
other. I myself was at the site three times; it is bothersome. The hours of
operations, the noise that they generate, the flea market operators are there
early in the morning, the structures that they set up for their places of work
are steel pipes and, you know, the sound that these steel pipes make when they
fall on the concrete on the pavement which is very loud and since they start -_
early in the morning, that contributes to the noise in the area into the
residential neighborhood - it projects into the residential neighborhood. And
I would just like to round off the presentation by saying that, yes, the
attorney for the applicant has made a wonderful presentation, but he has
deviated from the main reasons that the Planning Director has taken as the
real issues for which he denied the Class C permit.
Mayor Suarez: OK.
Mr. Plummer: Mr. Fletcher, you're on.
Mayor Suarez: Counselor.
Mr. John Fletcher: Thank you, Mr. Mayor and members of the Commission. And I
know there's some confusion around here and we'll try and be as brief as we
can. One thing we have for you to see is a videotape. The videotape is
longer than what we want to show you so we're going to try and hustle through
it as best we can. We're also going to have people who live in the
neighborhood and have lived there for many, many years, speak to you tonight.
Owners of homes in the area who have been there many years and will let you
know the problems they actually have. First of all, we want to say, we don't
dislike the vendors at the flea market, not a one of us. We don't dislike the
fact they're trying to make livings for their families there. That, however,
is not the issue. The issue before the City Commission is one of land use and
that is whether or not a flea market is harmonious with this neighborhood as
the language is used in your City Code. And whether or not this three year
experiment that we will tell you has been a failure should stop and stop now.
I'd like first to have you take a look at the videotape and, also, Mr. Curi
will explain his comments that he made and Mr. Curi, I'd like to get the
videotape going if we could so we can get through it as rapidly as possible
and have it explained. May I point out that so far the staff has all agreed
with us that it is an inharmonious use and your Zoning Board also. Your
Zoning Board, after hearing this same testimony... I want you to explain the
videotape to them. We're changing our performance around because of the late
nature of this. We'll be as swift as we can. What I was saying before was,
as you will see from these neighbors, the flea market is inharmonious with the
area. Your professional staff agrees with that and I'd like them, at the
appropriate time, put their qualifications into the record, if I may, Mr.
Olmedillo and your Planning Director and your Zoning Board also agreed that
this was inharmonious. We think from the evidence you'll find that they were
not incorrect. Go ahead, Mr. Curi.
(AT THIS POINT, A VIDEO PRESENTATION WAS MADE.)
Mr. Alfredo Curi: This is a videotape taken by Channel 51 in May.
Mr. Plummer: Oh, oh.
Mrs. Kennedy: Oh, Sergio.
231 November 19, 1987
Mr. Curi: This is not very small vendors that we are looking at. We will see
that the merchandise displayed is not small vendors, in no way. Here, we had
one of the incidents. It was a burglary of a car, something like that. I
don't remember exactly - were so many that I don't remember. Here is one of
the parts that we were pointed out that we have a police officer that his duty
must be not permitting jaywalking and he stopped the traffic in order that the
people from the flea market go from our shopping center to the flea market and
then they put them in danger all the life of everybody. Look at the police
officer here. Look the traffic that is generated by the flea market and look
the people that this is stop the traffic, this is stop the traffic all over
7th Street. And when 7th Street is stop, then they stop 37th Avenue. In no
way we can stop the traffic in 7th Street one jam 37th Avenue. This another
display of a vendor in the flea market. Pardon me? OK. This is another
vendor. This is not very interested to see what we want to show is the way
that they use the people that park in our parking lot in the 7th Street area
coming from the flea market to get their cars in our parking lot. I want to
point out that we have to spend over $3,000 in painting again all the lines.
The stopping of the cars, the sidewalks and everything, we have to spend over
$3,000 that they have damaged in our shopping center. The maintenance...
Mayor Suarez: Well, why don't you hold it for a second, please. How,
counselor, can we be sure that the shopping center parking lot will not be
used for people that are going to the flea market if we were disposed to
approve the flea market otherwise?
Mr. Cardenas: I think that...
- Mayor Suarez: Other than the fact that you're going to lead people in farther
away and all of that. But I mean, what other...
Mr. Cardenas: Right. Well, I think closing the gates on our site, closing
the gates of the facility will get people to - all of the parking calculations
o which have been made and all of the aerial shots we've taken demonstrate that
there's adequate parking on site if we can...
• Mayor Suarez: That's all theoretical. I'm thinking of the fact that your
client owns both sites. I mean, doesn't he have a fail safe way of assuring
that no one will be allowed to park in the shopping center who's going to the
flea market?
Mr. Cardenas: Well, we're willing to do anything that is deemed appropriate.
Our...
Mayor Suarez: Well, think of something between now and the time that this
Commission has to decide.
Mr. Cardenas: Well, I can tell you right now, Mayor, that we have thought
about it, there are only three things that you can do we think. Close the
entrances on N. W. 7th Street to the shopping center parking lot. You can
employ additional police officers, off duty police officers to patrol the
area, and that's about it. But, our opinion, and based on the merchants that
are in favor of this proposal, they don't want to discourage access to the
shopping center either.
Mayor Suarez: I see.
Mr. Cardenas: That's... but we will do what this Commission wishes.
Mr. Plummer: Well, gait a minute. Wait, wait, let me ask a question. Are
you proposing, under this new plan, that the people can only enter from 4th
Street?
Mr. Cardenas: No, we're proposing to you that if you find it an appropriate
condition and safeguard to order us in your resolution and your motion to
close the gates to N. W. 7th Street, that we then have accef. through N. W.
37th Avenue and, based on David Plummer's proposal, you have a number of gates
there that lead you to two totally different parking places...
Mr. Plummer: Well...
Mr. Cardenas: ... which they, in and of themselves, provide adequate access.
232
November 19, 1987
s':
M -1
Mr. Plummer: Well, one of the things that you...
Mr. Cardenas: The only ingress on the 38th Court site is early morning =
ingress to the vendors and that just facilitates the vendors getting in
quickly and setting up.
_ Mr. Plummer: One of the things you might want to consider, and I don't know,
to answer the Mayor, is that you only have ingress through the south parking
lot.
Mr. Cardenas: No, we have gates oa 37th Avenue to provide ingress to both
parking lots directly.
Mr. Plummer: You close them. In other words, if you had ingress only through
the south parking lot... _
Mr. Cardenas: Yes.
Mr. Plummer: ... if people have to walk, what is it to 4th Street? What's
the street that flows along the bottom?
Mr. Cardenas: Well, the problem is you would lose half of your on site
parking. Let me - David, let me have that if I may...
_ Mr. Plummer: I thought you said that you could take cars up through that,
what I would call the west side, Al.
Mr. David Plummer: Let me just go over it real briefly. What we're
suggesting is all of the access along N. W. 7th Street, pedestrian and motor —
vehicle be closed. There'll be no way, while it's open for patrons, for
people to come either by motor vehicle or pedestrian. What we're then going
to do is recreate the long parking lot in the original permit with motor
vehicle access from 37th and maintain the motor vehicle access at the south
® parking lot to make that one work better, we're going to create the pedestrian
movement so that you can walk from that edge up to the vendor area.
Mr. Plummer: David, you're not following me.
Mr. David Plummer: OK.
Mr. Plummer: Why can't you have your access only through the south parking
lot. That would stop people from parking in the shopping center.
Mr. David Plummer: No.
Mr. Plummer: If they've got to walk four or five blocks, they're not going to
do it. They're going to, you know, people are human, they're going to take
the easiest path.
Mr. David Plummer: Commissioner, we need the combination of that parking and
that parking to make the parking work. What you're saying is true.
Mr. Plummer: I don't have any problem with that.
Mr. David Plummer: We think that the closing of these and the walking now,
all the way down here, and all the way down here in order to enter is exactly
what you're asking be done. And the way we'll control it with the police is
if you see anybody park in this area...
_ Mr. Plummer: Tell me what is on the west side, I see two - no, on the west
side, Al. Those - come down - those two areas there, what... no, no, there's
two green things there, what are they?
Mr. David Plummer: Those are part of the dog track and we don't want to
create any access along N. W. 38th Court...
Mr. Plummer: No, no, I didn't say that.
Mr. David Plummer: But that's part of the dog track operation. Paul, what is
that down there?
Mr. Plummer: What's there?
233 November 19, 1907
Mr. Black: The parking lot.
Mr. Plummer: That's parking lot, OK. Are you telling me that you couldn't
have access through that area up to the flea market? And still - wait a
minute, whoa, whoa, whoa, don't - let me ask my question.
Mr. David Plummer: OK.
Mr. Plummer: All right. First of all, I'm wondering why the vendors are not
to the east, away from the residential. That's the first question.
Mr. David Plummer: The residential is here.
Mr. Plummer: Excuse me?
Mr. David Plummer: The residential...
Mr. Plummer: I'm saying, bring the vendors to the east.
Mr. Cardenas: Commissioner, it was the way it was first permitted.
Mr. Plummer (Off mike): We can change that.
Mr. Cardenas: There was a down side and an up side to it at the time that we
discussed it in 184 and I'll tell you what it was. These are set up early in
the morning and late in the afternoon; this is a vehicular traffic which goes
on during the day. At the time that we weighed whether the merchants should
be on the east side or the west side, it was felt that it was easier for
traffic handling to have the parking take place on the east side of the
facility because that would get cars in and out quicker and would have less of
an effect on the westward side which would make it more harmonious. That was
the feeling at that time. Now...
Mr. Plummer: Let me make my point.
Mr. Cardenas: OK.
Mr. Plummer: There is no residential area on this side.
UNIDENTIFIED SPEAKER (Off mike): Yes, there is.
Mr. Plummer: No, no, not on Douglas Road.
Mr. Cardenas: Right.
Mr. Plummer: All right? If you moved the vendors over to this side, which
where the fish people are now, OK, that would open this up for parking. Why
can't you have vehicular access to this as a new parking lot bring all your
people in through this way and people are not going to walk from over here if
they've got to walk all the way down to come in here.
Mr. David Plummer (Off mike): You've got a funnel here, see? They'd never
get them all through here into there.
Mr. Plummer: Then you've got to make arrangements to get Ll.em in. How...
Mr. David Plummer (Off mike): You'd have to knock down the building and it's
just too narrow here.
Mr. Plummer: How wide is this?
Mr. David Plummer (Off mike): Give you a guess, 30 feet, 40 feet.
Mr. Plummer: That's two cars; pass both ways.
Mr. David Plummer: I think what's misleading is this is a 60 scale drawing.
The distance from here down to these is probably six or seven hundred feet and
when you add to that the distance they'd have to walk from the shopping center
parking, you're talking a quarter of a mile.
234 November 19, 1907
Mr. Plummer: David, I agree with you, but when you walk from here to here,
it's 1200 feet and that was the assurance that the Mayor, I think, was looking
for.
_ Mr. Cardenas: We could do another thing. I think that would be a major,
major problem. We could close this driveway. This, in essence, if you count
from here to here is five city blocks, that's a long walk. Because this is
2nd Terrace here and this is 7th Street so you've got five to six city blocks
length here. If you close this here, you have at least three city blocks to
the intersection and then you have at least one more here so you're talking =-
about four to five city blocks if we close the northernmost entrance on 37th
Avenue, we'll give you another city block worth of walk.
Mr. Plummer: Is there adequate passageway on the east side for cars?
Mr. Cardenas: For pedestrians.
Mr. Plummer: For cars? I n other words, if they could only enter from this...
Mr. Cardenas: Yes, on the east side, yes.
Mr. Plummer: All right, what I'm saying is, if you left the vendors where
they are, to utilize that parking up here - that's up there, they would have
to come in from that far entrance down there. You understand what I'm saying?
Mayor Suarez: And getting around the... that's right.
Mr. Plummer: The answer is simple. The more difficult and the more
inconvenient you make it, the less problems you're going to have on 7th —
Street.
Mr. Cardenas: OK. Our concern is this, you're 100 percent right. In
evaluating that though, you have to wonder - our concern from a traffic
standpoint, I'm sure David will tell you, is we want to make sure that even
though we're going to have the off duty officers there, as we do at the Dog
Track, the Orange Bowl, Miami Stadium and everything else, you want to
encourage a quicker flow in and out of the property so that you don't have
backup on 37th. If you have only one entrance, that may not do it.
Mr. Plummer: Well, you can put an entrance on, what is it, 2nd Street or 4th
Street?
Mr. Cardenas: Second Terrace.
Mr. Plummer: Well, you can put an entrance on 2nd Terrace.
Mr. David Plummer (Off mike): It's all residential there.
Mr. Cardenas: But that's all residential facing the track here.
Mr. Plummer: Well...
Mr. Cardenas: See, I think the best of all worlds, based on the limitations
that exist, would be to keep this, maybe pave this, and eliminate this one and
then you have at least five city blocks worth of walk.
Mr. Plummer: All right, go ahead. I'm sorry, I didn't want to interrupt you,
but...
Mr. Cardenas: OK, that's quite all right. Oh, and also, Commissioner
Plummer, we could open this gate further down here to add a, maybe another
half a block of distance. So...
Mr. Plummer: Well, the problem that I experienced the two Sundays that I - or
one Saturday and one Sunday that I went there. The problem is the congestion
around the intersection. That's where the congestion is and what I'm saying
— to you is, the further you get those entrances and exits away from that main
thoroughfare, that main intersection, the better off everybody's going to be,
including the flea market.
Mr. David Plummer: Commissioner, the congestion on 7th Street at 37th Avenue
is a result of when the police officers stop the traffic to let the
235 November 19, 1987
pedestrians cross. By moving the parking in and making it totally within the
site, we will not have pedestrian crossing creating that congestion.
Mr. Plummer: You're talking about by going down to that entrance there,
you're now at least a thousand feet away from the shopping center.
Mr. David Plummer: And we found that people who are carrying things out of
the market and everything don't want to walk those kind of distances.
Mr. Plummer: I don't blame them.
INAUDIBLE COMMENTS.
Mr. Plummer: No, they didn't charge me to park there.
Mr. Fletcher: Mr. Mayor, would you like...
_ Mr. Plummer: As a matter of fact I walked around for a half hour before
anybody even recognized me.
Mayor Suarez: Counselor, are we back to you?
= Mr. Fletcher: Yes.
Mayor Suarez: The visual presentation's finished?
Mr. Fletcher: No, not quite.
Mayor Suarez: OK, proceed.
Mr. Curi: Another thing is that they don't take care of all the measures.
Now, there is something here that I want to show that they also have dangerous
explosive inside the flea market. They have oxygen, they have flame and a lot
of things; I really don't find them right now.
Mayor Suarez: Wait, wait, wait, wait, maybe your attorney can explain so we
can understand. What kinds of merchandise is he talking about that could be
explosive?
Mr. Fletcher: Apparently, there are contained in there oxygen bottles for
acetylene torches and we understand them to be prohibited under the fire code
and he wanted to point out this violation to you specifically. We though
maybe somebody should take note of that.
Mayor Suarez: What are the torches used for?
Mr. Fletcher: Jewelry work apparently.
Mayor Suarez: Did you hear the allegation, counselor, Al?
Mr. Cardenas: Excuse me?
Mayor Suarez: Did you hear the allegation on the torches and...
Mr. Cardenas: I was just talking to the general manager and the administrator
and they're not familiar with it. If there is an instance of anybody...
Mayor Suarez: If that's true and if it's a violation of the code, you've got
to take care of that.
Mr. Cardenas: Absolutely, absolutely.
Mayor Suarez: OK, go ahead, proceed.
Mr. Fletcher: Mr. Curi, go ahead.
Mr. Curi: We have the same exactly picture. The police officer in the middle
of the street stopping the traffic, letting the people parking in our parking
spaces and letting the people going to the Flagler Flea Market and then stop
= the traffic again, letting the people going back to pick up their cars.
Mayor Suarez: Is that N. W. 7th Street?
236 November 19, 1987
Mr. Plummer: Yes.
Mr. Curi: This is on 7th Street and everytime that they stop the traffic
_ here, you cannot see the other line around here - we have in some other places
_ that they have stopped the traffic in 37th Avenue. That is why we have the
_ jammed traffic and that is why the neighbors doesn't want to cross from 37th
Avenue east to our shopping center. And mostly our customers have left the
shopping center because they don't want to go there on Saturday and Sunday and
nobody wants to go to our shopping center because of the jammed traffic. They
don't find any kind of parking spaces and, my God, we don't want to speak
about the crime increase. We had, since 1960 to 1985, about 7 burglaries in
the shopping center. Since 1985 to 1987, we had 77 burglaries in our shopping
center. In my jewelry store, I had three. In Headhunter...
Mayor Suarez: Just move the mike a little bit away, you can... you don't have
to - right.
Mr. Curi: Headhunter, Headhunter. In Headhunter, they had also - they are
represented here from Headhunter, I don't want to say what happened there.
All over the Central Shopping Plaza have been burglary, have been hand
_ robbery, handgun arm robbery. Here is the part that we want to show that
there is - here we will see the oxygen, all the things that explode. I don't =
want to say how many people will be dead close to that because this is bigger
than 20 pounds of dynamite. This is oxygen...
Mayor Suarez: Walter, do you want to look at what they're showing there and
see if that, right off the top of your head, is already a code violation? If
so, we can build that right in, whatever we do.
Mr. Curi: Here are the... and you see that from here come to the flame that
we will see at the end, here is the flame that this is gas continuously light.
That's it. Thank you. I will present myself later on because I could...
Mr. Fletcher: Finished with the tape? OK. Tell them to turn it off.
Mr. Cardenas (Off mike): Take care ----- the torch was on, the torch was on.
Mr. Fletcher: Mr. Curi, incidentally, is the representative from the Central
Shopping Plaza Merchants' Association which is in opposition to the flea =
market, we want you to know. And that contains quite a few members.
Mrs. Kennedy (Off mike): No kidding.
Mr. Fletcher: I'm sorry?
Mrs. Kennedy: I just said, no kidding.
Mr. Fletcher: You may have noticed, that he's quite excited and upset about
this, and he truly is. I would also like you to hear from the homeowners.
Commissioner Plummer and others, one of the problems we have with changing the
parking around and making it difficult for the people to park, from the
homeowners point of view, is now the people are going to be parking in the
streets in the residential area which abut on the south and the west. It's
all single family homes in that area. They already have experienced that
problem to some degree. What we're talking about here would only make it
worse. What is obstensibly a cure is going to make this illness even worse
than it is. I would like to ask the homeowners to come forward now and
briefly speak to you and tell you their own experiences and demonstrate to you
the problems they have that renders this use inharmonious with their single
family neighborhood. Thank you.
Ms. Dorothy Kitchner: My name is Dorothy Kitchner, I live at 3888 N. W. 6th
Street and probably one of the worst places you could live to be near the flea
market. We've lived there for approximately 30 years and never before have I
bothered anybody in the neighborhood about the noise or anything. ' I feel
very, very sorry about the problems that the flea market people are having,
but I also wonder if they had known, and I have said this before, if I
understood correctly, originally there was going to be a license for one year
but because the flea market said that they needed to put a great deal of money
into it, I mean the dog track, that they needed more time. Now, the point is,
we have lived there. We never bothered anybody, but it's taken them almost
237 November 19, 1987
over two years before they start cleaning up the place. We even had rats
running around there because they left dirt there all the time. We've had the
traffic problem, we've had the noise of the vendors, they don't mean it, I
_ know, but they come early in the morning and they drop those iron bars and
it's just terrible and the worst thing to me is, we couldn't allow our windows
to be open because the fish smell was blowing into our homes. It was
horrible. Thank you.
Mr. Fletcher: The next speaker, please.
Ms. Shirley Kaplan: Mr. Mayor, Commissioners, my name is Shirley Kaplan. I
reside at 3895 N. W. 5th Street. I have lived in that house for 39 years.
Incidentally, I tried to sell it last year and the reason I couldn't was
because of the flea market and I want to emphasize that. I have listened to
noise. I used to call Mr. Chambers, who originally used to manage the flea
market about the dirt, the debris, the trash all over the streets, and to keep
it clean. He said there wasn't much he could do about it. They've only
started to do the things that they're doing recently, since the denial of the
permit, and I am one of the people that is mentioned in the letter of April,
1985, and I never could get cooperation from the flea market. It's a pest
hole in my back yard and I would like to invite Mr. Cardenas to spend a couple
of weekends living on 38th Court opposite that noise, that dirt, and the whole
mess and the traffic. I hate every bit of it and that is the only thing I
hate about my neighborhood. I have never, ever complained about the dog
track. The flea market is the only thing that bothers me, nothing else in
that neighborhood. It does not belong in a R-1 residential neighborhood.
People start coming at 6:00 o'clock in the morning on Saturdays and Sundays to
set up their tables. There's no reason for that because the weekend is the
time you're supposed to enjoy your home. Many people work and that's another
crime is down a little bit on the weekends because more people are home. But
I had my car stolen in front of my house on a Saturday. That's all.
Ms. Teresa Santos: My name is Teresa Santos. I live at 238 N.W. 36th Court.
I've been living in the neighborhood since 1962. I've been an owner since
1979. I work close by and the smell of the place, the noise and the park and
the traffic, sometimes it takes me like twenty to twenty five minutes to work
while it's only like maybe less than a mile, let's put it two. I've been
e putting my money into my property and I find out the other day that the value
was going down. I pay the rent by myself. I have my mother with me, and I
just wanted you to take into consideration that we don't have nothing against
the people that works there. We just don't want the place in there because
the neighborhood should not allow any flea market to be, like you
said, --------- We don't call anymore district 113, they call --------- And
you guys would never want to live in a place like that. If I've been living
in the neighborhood, I went through school in the neighborhood, Kinloch Park,
by now you know they're having problems. This is the way people recognize the
neighborhood. With this kind of commercials or this kind of business that
we're running 75 feet away from the neighborhood instead of 300, 400, and 500
feet away from it, or somewhere that there will be no disturbance to the
neighborhood. I just want you, the Commissioner, the Mayors, to take into the
consideration that to please do not renewal the license to the flea market.
Thank you.
Mr. Alan Kaplan: Commissioner, Mayor, my name is Alan Kaplan, 3895 N. W. 5th
Street. In addition to what my wife has said, object to the cars that are
parking along on 38th Court, the noise in the morning, the odors of the fish
and if you want to, I can bring up some vermin or rats if you'd like and I can
show you that they have been around there. Also, Mr. Anton on the corner has
passed away. He had a heart attack and it was brought on by, I think, the
flea market according to what we know, because he had a break-in of three
times his house has been broken into. And there's quite of other things too
on that on that thing now. The gate on 38th Court, where they let the so
called vendors in in the morning, during the day a man sits out there in a
chair and people walk by him and go in there and they come out. But there's
not too much more I can bring up on the fact that flea market is, like they
say, is a dirty place and it's just as filthy. And if you'd like to come over
there some Sunday morning about six o'clock or six thirty and listen to the
noise, you'd realize it. Thank you.
Mr. Fletcher (Off mike): Other neighbors
238 November 19, 1987
Mr. Roy Levi: My name is Roy Levi, I live at 3889 N. W. 6th Street. The flea
market has failed tonight, to, in my opinion, to say that they have
established a harmonious relationship in the neighborhood. The traffic has
increased on our Saturdays and Sundays, days that most people have off. The
:Zoise level has, of course, went down since the hearings have been heard.
There are still the noise of the pipes being thrown on the ground and
occasionally they'll blast out with somebody sounding the music off and making
unusual noises. This is not an harmonious relationship with the neighborhood.
The smell from the fish, we talked about that at the Zoning Board. They have
not done anything about that. That, whether or not it's a health hazard, I
don't know. But it sure does make our neighborhood a most unpleasant place to
live when the wind is from the east roaring to the west in the neighborhood.
Opening up on that side, of course, would be devastating to the neighborhood
west of the Flagler Dog Track. They have not proved in any manner whatsoever
that the flea market is a asset to our neighborhood and the Zoning Board in
its infinite wisdom saw fit to agree with us, and we appreciate it and,
hopefully, that you will also go along with this by denying the permit for the
Flagler Flea Market.
Mr. Ralph Kitchner: Ralph Kitchner, 3888 N. W. 6th Street. This flea market
or any flea market does not belong in a residential area. Especially a few
feet from my home with all the resulting problems that go with it. You've
heard, I guess, everything that I was going to tell you about, but the problem
here is not to make money for the vendors but to create a decent living
environment for a residential area. Thank you.
Mr. Juan Lopez: Mayor, Commissioners, my name is Juan Lopez. I live in 260
N. W. 40th Avenue, just two blocks from the dog track. My objections are the
traffic which is jammed all the time, the trash and the smell of fish. That's
only my complaints. I don't mind them to make a living but they can make a
living someplace else too. We live over there, I'm a citizen and a taxpayer,
same as them, so we had all the same rights. Thank you.
Ms. Gloria Rosello: My name is Gloria Rosello and I come here...
Mayor Suarez: Give us an address, please, Gloria.
Ms. Rosello: 3007 N. W. 7th Street in Miami. I come here as the - we have an
Interamerican Chamber of Commerce, I am the vice president. I believe that
Mr. Sabines is on the side of the - on the opposite side and I said to myself,
I have to, you know, just for principles and everything, these people have
been in business for 20 years, or whatever, paying licenses and taxes. These
people are paying licenses and taxes for maybe two or three years and I
wonder - and we're not against anybody making any kind of money because
everybody's entitled to a living, but not why some place else in the City?
Why not in another site? Not that we are against anybody like I said and my
organization wrote all of you a letter signed by the president. I really
would like for you to do something about it.
Ms. Alita Ruiz: Mr. Mayor, Commissioners, I'm not a neighbor, I represent the
Merchants Association of the Central Shopping Plaza. My name is Alita Ruiz,
and I am the secretary. I come on behalf of the merchants, on behalf of the
neighbors that are also our clients, and I think enough's been said as far as
the situation of the traffic, the situation of the smells and all that. I
think the principle here is that these people are taxpayers. These people
elected you as representatives for them and I it is your - it's in your hands
and you're the ones who have the solution to the problem. I think they're the
ones who should be served, they pay their taxes, they have to live in that
neighborhood. Before they used to call it their homo, now they call it a
nuisance, they call it a filth place, they have no peace. I feel that it's
not so much the problem that businesses have been affected, that's important,
but it's important to them that all they have is invested in that
neighborhood, in their homes and they feel like at any moment now, they would
like to just sell their property, and even that is difficult, and just leave.
I don't know what else to say. I've been in front of another committee and I
spoke and I said, I think that's about it. It's up to you. Thank you.
Mr. Alfredo Curi: My name is Alfredo Curi. I live in 3807 N. W. 7th Street,
Miami, Florida. Mr. Mayor and Commissioners, I am going to make a brief
statement. As a seven -days a week hard worker since I arrive at this City in
1970, after nine years in Castro communist jail. As Chairman of the Committee
Against the Removal of the License to the Flagler Flea Market and now elected
239
November 19, 1987
}
president of the Central Shopping Plaza Merchants Association. We have 26
proxy of 26 merchants that they rely on my word as a businessman damaged by
the unfair competition of a flea market owned by the same person that charges
us thousand of dollars in rent, maintenance of the shopping center,
liabilities, insurance, license, and owns the Flagler Dog Track, the Flagler
Flea Market and our shopping center. As a taxpayer and as a voter and citizen
of the U.S.A., we don't need our merchants of the City of Miami to recognize
that we carry an illness. This is something I said outside. We don't need
our neighbors to recognize that we have illness in our neighborhood. We don't
need to be a surgeon to recognize that we have a malignant tumor in our body.
Like the Honorable Mayor said, the night we were celebrating your election,
quote: "The City of Miami is like a human body. When some part of the body
is ill, no matter how small is the illness, the whole human body is ill".
Quote. And you continued, quote: "We have to look for a remedy to kill the
illness in our neighborhoods". Quote. Those were your words. And I said
that outside, to the Channel 23, that the City of Miami was like our Mayor
said this night, like a body and we have a ----- illness in our body. My
words, and this illness is a cancer. My words, not the Mayor's words. And
you can see by TV. Now...
Mayor Suarez: Well, let me just say - let me, since we're making all these
references to what I said and didn't say, I obviously don't think it's a
cancer, otherwise, I wouldn't have climbed over the fence one day when I was
doing my little corner out there - I don't know, that fence must be about six
feet high or maybe eight feet high - and I climbed over the fence and went
into the flea market and actually wouldn't think it was a cancer if I shopped
there, which I have done a couple of times. Go ahead.
Mr. Curi: No, your Honor, I think that the malignant tumor, the cancer, is to
permit the flea market at 75 feet from my neighborhood.
Ms. Hirai: Three minutes, Mr. Mayor.
Mayor Suarez: OK, counselor. Any rebut... I'm sorry, you finished, John?
Mr. Fletcher: Yes, we have some shy people who would like to protest through
me, I guess and I'll do the best I can for them and if I could just wrap this
up in a few minutes. I did ask that your planners have their credentials put
in the record and, I guess they can do that on their own in a few minutes.
First thing I want to say is, Mr. Cardenas keeps talking about the few people
who are down here objecting and the many, many people who are in favor of
this. And we have no doubt that there are many, many people in favor of it,
particularly those people who earn a profit from the operation, who earn a
living from it. And as I started saying earlier on in the evening, we have no
quarrel with those people earning a living. The thing we have a quarrel with
is where it is. But the few people that I represent, if you want to call all
these people few and their neighbors who live in the area around it and the
Merchants Association, have the right to have this City protect their homes
from a commercial intrusion which is, in fact, not just neighboring commercial
operation as we have in some places in the City, but truly an inharmonious
use, a nuisance to the people.
Mrs. Kennedy: Fletcher, what is the distance again between the flea market
and the residential neighborhood?
Mr. Fletchers The residential neighborhood borders right around the area
which is the dog track.
Mr. Plummer (Off mike): Across the street on 38th Court.
Mrs. Kennedy (Off mike): ... but isn't it like 75 feet or...
Mr. Plummer (Off mike): On 38th Court.
Mr. Fletcher: What they experience from this - yes, the single family
neighborhood is the southern and the western border of the Flagler Dog Track
and as a consequence, the flea market. South and west. Fast, south and west,
I'm being corrected. Any event...
Mr. Plummer: No, not on the east.
Mr. Fletcher: ... the east is 37th Avenue as I recall, right.
240 November 19, 1987
Mr. Plummer: It's all commercial.
Mr. Fletcher: One thing I just want to perhaps let you focus in on is,
imagine you having worked all week and you're at home and it's Saturday
morning or Sunday morning. Whichever morning you stay in the sack late as we
are want to do on the weekends. And its 6:00 o'clock in the morning somebody
who now has a workday, who's not taking their day off, makes noise, wakes you —
up, annoys the neighborhood coming to the flea market and starting whatever it
is they do at that hour of the day. We experienced that in the area. That's —
no way to start your day when you're trying to have a good day off. You don't
have a day off that way. And then imagine while you're there after you do get
up, seeing the traffic from this commercial use come into your neighborhood
and park on your streets, create the dirt, and then imagine also that —
somebody, your neighbor, is cooking fish all day long. And all day long while
you're at home, trying to enjoy your weekend off, you get the smell of fish.
Fish is great. I love fish. We have some of the best fish in this world that
come out of this area, but not smelling the cooking all day long and not
seeing the rubbish. -
Mrs. Kennedy: Are they still allowed to sell fish?
Mr. Fletcher: They still do it. They still do it whether they're allowed or
not. I have to leave that to your City enforcement people, but they're doing
it. The problem is that this can never be harmonious for the single family
neighborhood, no matter what you do to it. So our request to you is please,
restore to these people the peace, the quiet, the harmony they had before this
- experiment, which is what it was three years ago, began so that these people
can go back to living their normal lives to which they are entitled and to
which, I know, you want to protect your citizens. I thank you very much for
the opportunity to speak.
Mr. Cardenas: Very briefly, thank you, Mr. Mayor. Mr. Fletcher's concluded
the presentation of those merchants and neighbors who are here this evening in
opposition to this renewal, and I guess the basis of the theme of that
opposition is a request that there be a protection from commercial intrusion
to those residential neighbors and a protection to the merchants on the sale
of their wares. Well, I think I want to clarify the record and make sure we
all understand. I'm not here requesting that a dog track operation be
constructed on that site, and I'm not here requesting this Commission to zone
this particular piece of property commercial. That has been done. It's been
done decades ago. It's no different than those residential communities that
abut hundreds of shopping centers in this county, that abut stadiums, that
abut parks, that abut any place that has a commercial office building zoning.
There are thousands of homes in Dade County and the City of Miami that abut or
are near commercial office uses. That's just how you planned use. People are
not entitled to live in horse country in the City of Miami. There's no such
i thing as that. There is a harmonious relationship with a dog track, there
always was as there is a harmonious relationship with a flea market. Now if
this operation is stopped and I think everyone here understands it, that dog
track in and of itself doesn't make commercial sense anymore. If we stop this
flea market, obviously it's going to be a commercial shopping center and the
traffic and pedestrian impact is going to be so considerably more severe in
that neighborhood than anything that this flea market currently provides.
This is a wonderful opportunity. There is no flea market that's better run in
—{ Dade County under the conditions of a flea market. It's perfectly well and
perfectly harmonious. Let me just conclude with two statements that in order
to correct the record, the Planning Department stated that I didn't dwell on
the main issues or the focus of their letter negating their permit. If I
recall, I reviewed their letter, they had those main issues that they referred
to had to do with ingress and egress, off-street parking and loading, refuse
and service areas, and traffic associated with the activities. All of those
four major categories sure sound like traffic and trash collection to me, and
those issues were well dealt with today. There was the additional paragraph
that I cited earlier or additionally neighbors and so forth, and we dealt with
{
those issues, crime, neighborhood devaluation, merchants happiness and so
forth. I will conclude by saying this, yes, I think there may be a few
merchants, and I say the minority, who would rather not see honestly a flea
market there. And there are a few neighbors who would rather not see it. Let
me add, if I can, the extent of the fairness in this process because Mr. and
Mrs. Kaplan are nice people and I honestly believe they put their house on the
market for sale. And I honestly believe they wanted to move. I want this
241 November 19, 1987
Commission to know, and I'll state it on the record this evening, that my
clients had approached them earlier about purchasing their home, and I'll make
an outright offer to them right now that we'll buy it at fair market value
from a recognized MIA appraiser tomorrow if they want to sell it to us because
we don't want them so inconvenienced. I've just made that statement on the
record and it's a proper offer. So, I just want you to know the extent of
work that we've done in trying to appease the neighborhood on a condition that
we feel is already perfectly harmonious. In conclusion, I want to tell you
that vendors are here supporting this; 404 of these families live and work in
the City of Miami. Many are single women supporting children and paying for
their school education. I've provided you with petitions from over 2000
people from the City of Miami, and this chart has red marks of over 600
families that live within a mile of the stadium. We've gone out and canvassed
this area, come to this Commission, not with broad statements but with facts.
Merchants in support of the flea market, that shopping center across the
street that's getting built that's 40 percent pre -leased, they wrote a letter
enthusiastically supporting this. Every retailer in the intersection did.
I've had people who were merchants in that shopping center who've testified
that they're in favor of it. The public sentiment, I think, is clear. The
legal issues are clear. What's best for the City, I think, is clear and we
urge you to support our request for a three year permit. Thank you.
Mr. Pierce: Mr. Mayor.
Mr. Fletcher: Mr. Mayor, may I ask if Mr. Cardenas' offer was pre or post
flea market values that he was making to the client, the Kaplans.
Mayor Suarez: We really have got to stick to the procedure of one rebuttal
for the applicant. Let's...
Mr. Fletcher: I apologize.
Mr. Pierce: Mr. Mayor, we said that we would come back in five minutes and
discuss the date to which the other items would be continued.
Mayor Suarez: Yes. What is the final consensus, if you have one?
Mr. Pierce: There's a problem with Monday, the 30th. At any rate; the
meeting should probably start no earlier than 4:00 o'clock.
Mayor Suarez: Because of constraints on the timing of the various items that
have to be at either 5:00, 6:00, or 7:00.
Mr. Pierce: Absolutely, sir.
Mayor Suarez: And what's wrong with November 30th?
Mr. Pierce: November 30th there is an event that the City is a co-sponsor and
participant in at 5:30 in the afternoon in the Miami Design District.
Mayor Suarez: OK, so what's the alternative then, December 1st?
Mr. Pierce: The first, second, and third or fourth...
Mayor Suarez: OK, I'll entertain a motion from any Commissioner on any of
those dates so that we can get on with this.
Mrs. Kennedy: If we're starting so late, then I cannot do it on December 1st.
Mayor Suarez: So the second, then?
Mrs. Kennedy: I cannot do it on December 1st.
Mayor Suarez: Right, so December 2nd then?
Mrs. Kennedy: The second is fine with me, but I understand that it's...
Mayor Suarez: Would you make that in the form of a motion?
Mr. Plummer: I've got a minor problem that I can overcome.
Mrs. Kennedy: OK.
242 November 19, 1987
Mayor Suarez: OK, December 2nd. Moved and seconded.
Mrs. Kennedy: So be it.
Mayor Suarez: Any discussion? Call the roll.
Mr. Plummer: At what time are we starting?
Mrs. Kennedy: Four.
Mayor Suarez: Four o'clock.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1062
A MOTION CONTINUING ALL ITEMS WHICH WERE NOT TAKEN UP
AT THE SECOND REGULAR MEETING IN NOVEMBER (NAMELY PZ-6
THROUGH PZ-31) TO A SPECIAL COMMISSION MEETING
PRESENTLY SCHEDULED FROM DECEMBER 2, 1987 BEGINNING AT
4:00 P.M.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: On the issue at hand, I'll entertain a motion.
Mrs. Kennedy: Well.
Mayor Suarez: Commissioner Kennedy.
Mrs. Kennedy: Let me just say that on the one hand, we have to protect the
merchants and on the other, we don't want to see all the neighbors distressed.
I was just thinking, what if we put, Al, a masonry wall off 38th Street...
Mr. Plummer: Court.
Mrs. Kennedy: Court rather, and put heavy landscaping...
Mr. Plummer (Off mike): You can't.
Mrs. Kennedy: We can't? Oh. That would be one alternative, the other thing
when you mentioned about the fish, make a provision that no food is allowed.
Mr. Cardenas: How high would the wall be? We'd do whatever you'd wish. In
other words, six foot wall?
Mayor Suarez: What does the department recommend if, assuming a buffer wall
and so on is a good idea, and I don't think anybody thinks it's not.
Mr. Cardenas: It will address the trash and debris which is flowing into
the...
Mayor Suarez: How big a wall would you suggest?
Mr. Olmedillo: A six footer or an eight footer there. It will be a maximum
of eight foot - eight foot wall which is the max, right. To be kept and
maintained, of course, by the applicant and landscaped and landscape approval
by the Planning Department. That will take care of one of the probl%ms.
243 November 19, 1987
Mayor Suarez: Are you building in what I hear as a motion coming, the rest of =
the other concerns in terms of safeguards for entry of traffic and all of
that?
Mrs. Kennedy: Right.
Mayor Suarez: Elimination of all entry points...
Mrs. Kennedy: The elimination - ingress and egress and...
Mayor Suarez: ... on N. W. 7th other than the fact that the merchants come in
very early in the morning, right?
Mrs. Kennedy: Another thing that we should take into consideration will be no
loud speakers because of the noise. And no food allowed.
Mayor Suarez: No loud speakers. Very important to stick to the allowable
days which, up till now have been Saturday, Sundays, right? And official
holidays.
Mr. Cardenas: Mr. Mayor, for the record, we've never even opened on holidays.
We've never even opened on official holidays before. Just on Saturdays and
Sundays.
Mayor Suarez: And never more than three in a row, even though that might mean
a Saturday, Sunday and a holiday, right?
Mr. Cardenas: Right.
Mayor Suarez: What about food?
Mrs. Kennedy: No food allowed.
Mr. Plummer: No what?
Mrs. Kennedy: Food allowed.
Mr. Plummer: No food or no fish?
Mayor Suarez: Food items, fish, etc.?
Mrs. Kennedy: Well, what else do they have....
Mr. Plummer: Well, no, I think you've got to delineate. I think the problem
area is the smell of the fish.
Mrs. Kennedy: The fish, no fish allowed...
Mr. Plummer: I don't think the serving of a hot dog to people there as
customers is the problem. I think it's the odor of the fish and the cooking
of the fish that's the problem.
Mayor Suarez: There's no fish cooking going on there. I have to tell you
that when I have been there, and I can't say that this is certainly a
scientific survey, but there has been no problem at all with the odor of fish.
Mr. Plummer: Well, you didn't go on the same day I did. Let me tell you
something, it was a problem and there was no question, and I was there on a
hot day.
Mayor Suarez: Yes, I may have been there on a day that the fish was well
-- refrigerated.
Mr. Plummer: Well, if you're making a motion...
Mrs. Kennedy: And that would be my motion...
Mr. Plummer: ... let me give you some other areas of my concern.
Mrs. Kennedy: OK, all right.
244 November 19, 1987
Mr. Plummer: All right? And I would say that you cannot open the facility to
vendors or anyone prior to 8:00 a.m. Start in at 8:00 a.m. - how long does it =
take to set up, an hour? OK, so you start business at 9:00 o'clock. And you
go from 9:00 to what; 9:00 to 6:00? Is that the normal situation? I don't
think you should be waking people up at 6:00 o'clock in the morning.
Mr. Cardenas: 9:00 to 6:00. —
Mr. Plummer: 9:00 to 6:00 is fine with me, I don't think the closing time is
the problem as much as it is the disturbing of the neighbors prior to that. —
Mr. Cardenas: But we'll open at 8:00 and - but really starts at 9:00, but we
need to get the merchants at 8:00.
Mr. Plummer: Well, that's fine, you know...
Mrs. Kennedy: Eight to 6:00...
Mr. Plummer: ... but you can't open to anyone until 8:00 a.m., all right?
Now, my big bugaboo is still the ingress and egress of how you're going to do
it. Seventh Street closing I completely concur with. I have to listen to
David Plummer because he is an expert, but I still feel that if we could take
and close these two here and have an entrance down - the further your get it
away from 7th Street, the less chance that people are going to park over in
the parking center. That would be agreeable to me, this area right here, OK?
Well, this is going to have to be submitted as an exhibit so that we can
identify it, OK? Right here, John. OK, all right, here, I'll tell you what,
-- I'm going to put it in black and I'm going to put my initials on it, all
right?
UNIDENTIFIED SPEAKER: That's the only...
Mr. Plummer: That would be the closest entrance to 7th Street. I have no
problem with an entrance here, OK? Very definitely - no ingress or no egress
from 38th Court which is the residential side; that definite.
UNIDENTIFIED SPEAKER (Off mike): That applies to vendors as well? -
:L
Mr. Plummer: No, you've got to have an entrance for vendors.
INAUDIBLE COMMENTS.
Mr. Plummer: Huh?
INAUDIBLE COMMENTS.
Mr. Plummer: OK, but well, you're going to be putting up an 8' wall anyhow,
OK?
INAUDIBLE COMMENTS.
Mr. Plummer: Yes, right here where I put these initials.
UNIDENTIFIED SPEAKER (Off mike): Right here?
Mr. Plummer: Yes.
UNIDENTIFIED SPEAKER (Off mike): The vendors will enter off 7th Street now,
not off ------
Mr. Plummer: But only vendors and that gate must be locked at 9:00 a.m.
UNIDENTIFIED SPEAKER (Off mike): Which gate, Mr. Plummer?
Mr. Plummer: The gates on 7th Street. The vendors can come in on 7th Street,
but no one else, and not even pedestrian.
INAUDIBLE COMMENTS.
Mr. Plummer: You can bring your vendors in from 7th Street from 8:00 a.m. to
9:00, but at 9:00 a.m., those gates must be locked to pedestrians as well as
vehicular. Absolutely no access, ingress or egress, on 38th Court by either
vendors or the regular people or parking.
245 November 19, 1987
INAUDIBLE COMMENTS.
Mr. Plummer: None. Now, I have one other area of concern and I don't know
how to address it. OK, they have said, on the record, that they are presently
using a company to clean up and that they have 25 people that are doing the
cleanup. I want to assure that there will never be less than 25 people on
each day or any day it is open that are doing, addressing nothing but cleanup.
INAUDIBLE COMMENTS.
Mr. Plummer: Yes, sir.
Mr. Fletcher (Off and on mike): If I may. If they are, at late hours, like
2:00 and 3:00 o'clock on ----- 2:00 or 3:00 o'clock in the morning using the
Swisher machines to clean up, now that's what I have...
Mr. Plummer: OK, all right, well, we can address that...
Mr. Fletcher: That's what I was going to ask, if that could be addressed.
Mr. Plummer: Well, we have a noise ordinance which is 11:00 o'clock at night,
and absolutely no noise shall emanate from that area in contrast to our noise
ordinance. OK?
Mr. Cardenas: Yes.
Mr. Plummer: OK, now...
Mr. Cardenas: Let me see if I understand this.
Mr. Plummer: ... how do I write in there - no, the flea market itself can
only open from 9:00 to 6:00.
UNIDENTIFIED SPEAKER (Off mike): Contractual basis, wouldn't it?
Mr. Cardenas: No, 8:00 to 6:00.
Mr. Plummer: Excuse me?
Mr. Cardenas: Eight to 6:00, 9:00 starting hours.
Mr. Plummer: No, not to the general public, for sales 9:00 to 6:00, vendors
can start in at 8:00 a.m., OK?
Mr. Cardenas: Now, I think, Mr. Plummer, there are two things which you asked
additionally, and that is a cleaning crew be retained that will provide no
less than 25 workers for this service and number two...
Mr. Plummer: Which you say you're doing now.
Mr. Cardenas: Right and number two, that this service be concluded at no
later than 11:00 p.m.
Mr. Plummer: Well, A1, I want to be honest with you, OK? If you're going to
close at 6:00, I can't believe that 25 people can't clean that in three hours.
UNIDENTIFIED SPEAKER: That's absolutely right, that's what we're doing right
now.
Mr. Plummer: All right, so let's make it 9:00.
UNIDENTIFIED SPEAKER: OK, by...
Mr. Plummer: In other words, if you're going to operate to the general public
from 9:00 to 6:00...
UNIDENTIFIED SPEAKER: Right.
Mr. Plummer: ... that gives you from 6:00 to 9:00...
246 November 19, 1987
i
UNIDENTIFIED SPEAKER: Actually 71 they're dismantling, so I would ask 10:00
p.m. as a more realistic time...
Mr. Cardenas: See, we cease business hours at 6:00, it's not a matter of
trying to - it's a matter of making sure he does the job absolutely well.
That's what we're...
Mr. Plummer: Well, you know what, Al? That means you're going to have to put
a few extra above tha 25 to do the cleanup in two hours.
UNIDENTIFIED SPEAKER: OK.
Mr. Plummer: OK?
UNIDENTIFIED SPEAKER: All right, we'll do it.
Mr. Plummer: Hey, I think that it's reasonable that you be out with your
machinery; that no noise emanate from that place after 9:00 o'clock.
Mayor Suarez: By 9:00 p.m.
Mr. Plummer: I think that's only fair. That's only fair.
UNIDENTIFIED SPEAKER: We'll do it.
UNIDENTIFIED SPEAKER: All right.
Mr. Plummer: I'm assuming that now that we are not going to be having any
policemen stopping traffic on 7th Street to pedestrians.
Mr. Cardenas: That's correct.
Mr. Plummer: OR, I do expect you, at your expense, to put a policeman at the
intersection to work any extraordinary traffic.
® Mr. Cardenas: Look, I would expect that taking this action, people are going
to park on site at the flea market, but I would think that the merchants would
want to have them given the opportunity to go over to their stores if they
want to.
-- Mr. Plummer: Well, you see, you can't have your cake and eat it too.
Mr. Cardenas: OK, that' fine.
Mr. Plummer: OK?
_ Mayor Suarez: What he's saying is, we can all assume that they're very
probably would be traffic tie ups at the intersection and that you ought to
take care of those.
Mr. Cardenas: Sure.
Mr. Plummer: As you do for the dog track.
Mr. Cardenas: Absolutely.
Mr. Plummer: OK, now let me just put on the record, this property is already
zoned commercial, whether you like it or I like it, it's that way. It's
commercial and the people who live there, as long as I've been here I think
the dog track has been here - what year did it start?
UNIDENTIFIED SPEAKER (Off mike): Fifty years ago.
Mr. Plummer: Fifty years ago.
Mr. Cardenas: Fifty years ago.
Mr. Plummer: And that's been a commercial property and there's no question in
my mind if that dog track came down, that there would have to be nothing but a
shopping center in that area. And at the size of that shopping center in that
area would be devastating to the neighborhoods. I got to tell you, the amount
of merchants and stores that you could put in there would just be
247 November 19, 1987
unbelievable. Plus the fact, the dog track only operates "X" number of days —
out of the year, you'd never have any peace and tranquility in your
neighborhood because they would be operating a shopping center every night,
every day. I think that we have built in protections here that we can live,
one another - you would prefer not to have it and i understand, but I think we
have built in the protections that are necessary to protect the residences.
We've eliminated the odors, we've eliminated a lot of the traffic. We are
going to eliminate the sanitation and the cleanup around this place, we're
going to change the concept of where they're not going to be coming in from
7th Street causing bottlenecks and, I think, that we have done everything
within humanly possible to try to accommodate both.
Mrs. Kennedy: So, with those provisions...
Mayor Suarez: Sounds like a second. _
Mrs. Kennedy: Well, it was my original motion and then he had amended it...
Mayor Suarez: Right, and he's seconding it with...
Mr. Plummer: Oh, no, I just wanted to get in the record, I'm going to vote
against it.
Mrs. Kennedy: You're beginning to sound like somebody.
Mayor Suarez: OK, we have a motion, is it a second? To clarify? It is a
second with the additional provisos which are accepted by the movant,
counselor?
Mr. Cardenas (Off mike): Just for three years, Mr. Mayor, like the last one
so we can review it...
Mrs. Kennedy: For three years, right.
Mayor Suarez: Yes, three years.
Mr. Plummer: Well, but you understand and they better understand that, yes, —
reviewed by this Commission in three years unless we send our people out there
and they come back and tell us the conditions that we have put on are not _
being kept, I would expect the administration to immediately cause an item —
before this Commission to say, hey, guys, you didn't keep your promises and
we're going to review it now. So, Madam City Attorney, I'm assuming...
(Applause)
Mayor Suarez: Please.
Mr. Plummer: I am assuming that at any time that the provisions that we have
set forth here tonight are not kept, that this Commission has the right to
withdraw that permit at a public hearing before this Commission? Am I
correct?
Mrs. Dougherty: That's not the way the ordinance reads.
Mr. Plummer: Well, we're going to change the ordinance.
Mrs. Dougherty: Actually, it would become a zoning violation.
Mr. Plummer: Excuse me?
Mrs. Dougherty: It would become a zoning violation and enforceable just like
every other zoning ordinance.
Mr. Plummer: Madam City Attorney, I am not an attorney, but if we stipulate
conditions which we have done here this evening and those conditions have been
agreed upon by the applicant and they do not live up to that, they have
breached a contract.
Mr. Dougherty: No.
Mr. Pierce: No, no, no, don't use that word, Mr. Plummer. please.
248
November 19, 1987
Mr. Cardenas: No. No, no.
Mr. Plummer: Well, OK, don't use that word.
Mr. Pierce: May I say something, sir?
Mr. Plummer: They are bad guys and they didn't keep their word.
Mr. Pierce: Mr. Plummer, if they don't live up to the conditions, we will
then take an enforcement action, and we are able to move through that process to attempt the revocation...
Mr. Plummer: Walter, are you telling me that during this three year period,
_ which we're about to grant, that at no time this Commission cannot remove that
permit if conditions are not kept?
Mr. Pierce: There is a set procedure for dealing with code violations, with
zoning violations. A Class C permit ordinarily does not come before the City
Commission. It is only here on an appeal.
Mayor Suarez: Any other...
Mr. Rodriguez: You could make Section 2306.1 says, failure to comply with
conditions and safeguards when attached to grant for special permit, in this
case, shall be deemed a violation of the zoning ordinance. Meaning, it is a
code violation.
Mayor Suarez: But we have to go to the enforcement of violations of...
Mr. Rodriguez: Right.
Mayor Suarez: Which lead to, eventually, revoking the permit, right?
Mr. Pierce: It can, yes.
Mayor Suarez: Or, it can.
Mr. Cardenas: Which is a case, Commissioner, with any conditions that you
attach to any zoning cases that we're before you on. It's no different.
Mr. Pierce: No, no, Al, Al, with all due respect, this is a Class C permit;
it is not the same as a variance or a conditional use to which you seem to be
referring in your statement.
Mr. Cardenas: Right.
Mayor Suarez: OK.
Mr. Pierce: It's a different animal.
Mayor Suarez: Right, and in this case, it's that much easier to do it because
it is a Class C permit.
Mr. Plummer: Well, but, all right, why can't I put a condition in it in the
condition that if they violate any portion of this of granting, that it
automatically forces a hearing back before this Commission?
Mrs. Dougherty: That's fine. You can do that.
Mr. Plummer: I'm not saying that, you know, that an allegation is an
allegation, OK? But what I am saying...
Mayor Suarez: What it does is change the procedure for a code enforcement - I
mean for a code violation and brings it right back to the Commission. Can we
_ do that?
Mrs. Dougherty: Yes, sir.
Mayor Suarez: OK.
Mr. Plummer: As a condition.
i
Mrs. Dougherty: Yes.
Mr. Plummer: Sure. That's right.
Mayor Suarez: Now, that's built in now into the motion. Does the movant
accept that?
Mrs. Kennedy: Yes, I do.
Mr. Cardenas: OK, well, let me see if I understand that again, Madam City
Attorney.
Mr. Dawkins: You better quit while you're ahead. Hey, you better quit while
you're ahead.
Mr. Cardenas: That's right.
Mr. Plummer: As a condition to the conditions.
Mr. Dawkins: You'd better quit while you let us get the hell out of here.
Mr. Plummer: If you violate any of the conditions...
Mayor Suarez: Whatever the other procedure would have been on a regular code
violation and enforcement action, in this case it's simply upon, like
violation being found by the City, it comes right back to the Commission for
-
consideration.
Mr. Dawkins: Is that clear? Go ahead, Al.
—
Mr. Plummer: That's correct, a public hearing.
Mr. Cardenas: But, which is fine but that's a violation found by the City
aEnforcement
Board, right?
s�
Mrs. Kennedy: Well, by the City administration...
Mr. Plummer: No, no.
—
Mayor Suarez: Well, the complaint can be filed by anybody, but the City would
have to investigate and find the violation before it comes back to us,
obviously.
Mr. Cardenas: The whole purpose of my comment is, believe me, I understand
--
your concept and I'm not swimming against the tide, I'm trying to make it...
=
Mayor Suarez: We're not saying that anyone by filing a complaint can bring it
right back to the Commission.
Mr. Cardenas: Right. My suggestion was, and maybe you wish to entertain it
or not, but my suggestion was that if you build into the motion that upon
being found to be in violation of the conditions by a Code Enforcement Board,
-
that it automatically come here for a...
Mr. Plummer: It's not what - it's not what I said.
Mayor Suarez: Well, we're having it come directly to the Commission, is the
way he's putting it in.
Mr. Plummer: Al, it's not what I said, OK?
Mr. Cardenas: I understand.
Mr. Plummer: I have no question in my mind that you people - I want to keep
the fear on top of you people, OK? And I'm saying to you that you're going to
keep those conditions and you know that if you don't, you're going to be back
up here and lose that permit, you're going to make damn sure those conditions
are met.
Mr. Cardenas: We have no problem whatsoever living up to that.
—` 250 November 19, 1987
Mr. Plummer: OK, I'm saying legally that I've got to tell you that as a
condition to the conditions...
M:. Cardenas: Right.
Mr. Plummer: You waive all other rights and immediately come back to this
Commission for a public hearing.
Mr. Cardenas: Based on the finding by whom? - that there's been a...
Mayor Suarez: The City, it's got to be the City. It's got to be the City.
Mr. Plummer: By the City, oh, yes.
Mr. Cardenas: Right.
Mr. Cardenas: The City Planning Director.
Mrs. Kennedy: Right, or the administration.
Mr. Dawkins: No, no, the in...
Mayor Suarez: Well...
Mr. Dawkina: Any code enforcement inspector.
Mr. Olmedillo: Zoning inspections.
Mr. Plummer: Yes.
Mayor Suarez: It could reach us from any department, Al, it doesn't have to
be Planning.
Mr. Plummer: One other clarification.
Mr. Cardenas: Well, you know, if my point to you is, I understand what you're
saying, but if you have twenty different building inspectors and people coming
to the property on a matter that can be easily clarified, we're going to end
up in your agenda.
Mr. Plummer: Nope, not at all.
Mr. Cardenas: OK.
Mr. Plummer: Not at all. Just because an accusation is made, they're going
to have to come here with documented proof.
Mayor Suarez: Well, he means for minor violations that could be cured
within...
Mr. Plummer: No, no, no, it's not minor violations, Mr. Mayor, I'm speaking
only to the conditions we impose. We impose the wall, no fish, nothing before
8:00 a.m. If any one of those are violated, I'm not talking about some other
minor situation. Now, one other thing's got to be clarified, what is a
reasonable period of time that they must take out the permit to build that
wall? What's a reasonable period? I don't know.
UNIDENTIFIED SPEAKERS: Now, now, now.
Mr. Plummer: That's not reasonable.
Mayor Suarez: Please.
Mrs. Dougherty: Thirty days.
UNIDENTIFIED SPEAKER (Off mike): It should take them a month to get the
designs for the wall up and pull a permit.
Mr. Plummer: Mr. Pierce, under normal circumstances, it's nothing but a wall.
I mean, is a reasonable period of time that they must take out a permit within
90 days? Sixty days? What's reasonable?
251 November 19, 1907
6
0
Mr. Pierce: A permit for a plain concrete block wall, stuccoed on the
outside...
Mr. Plummer: Eight feet high with a landscaping plan on the outside.
Mr. Pierce: If a general contractor can't get that permit by next Wednesday
then we ought to fire him and staff.
Mr. Plummer: Thirty days.
Mayor Suarez: One month.
Mr. Plummer: You must take out the permit within 30 days and have it
completed within ninety. Is that what? Less than that; you must take it out
within 30 days and have it completed in sixty. Is that...
Mr. Cardenas: No, no, that's impossible. That's impossible.
Mrs. Kennedy: No, that could be unreasonable.
Mrs. Dougherty: ------- that?
Mrs. Kennedy: Yes.
Mrs. Dougherty: -------- in part too?
Mr. Dawkins: Yes, ninety days, ninety days, ninety days.
Mr. Plummer: Ninety day - what' re... come on, guys, I'm not a contractor!
Mr. Pierce: Mr. Plummer...
Mr. Plummer: I do things below ground, not on top.
Mrs. Dougherty (Off mike): It sort of does, that's why I say, can you make
that a condition too?
Mr. Pierce: Mr. Plummer, sixty...
UNIDENTIFIED SPEAKERS (Off mike): Thirty days, thirty days, thirty days.
Mr. Pierce: Thirty days to get the permit and ninety days is more than
reasonable.
Mayor Suarez: It has to be pulled within 30 days. We got that established.
Mr. Plummer: All right. They must pull a permit within 30 days and complete
it within 90.
Mayor Suarez: Well, then ninety's the best we're going to be able to do.
Within 90 is the best we're going to be able to do.
Mr. Cardenas: Believe me.
Mayor Suarez: You both disagree, which gives us an indication that we're
probably right on target. OK, anything else?
Mrs. Karnedy: Hold on a second. As a maker of the motion, what is the time
frame now?
Mrs. Dougherty (Off mike): You've got to remember all of this...
Mr. Plummer: They tell me what is reasonable, they must pull a permit within
30 days...
Mrs. Kennedy: Within thirty days, OK.
Mr. Plummer: ... and have it completed within ninety.
Mr. Dawkins: Nicety days from the day they committed.it.
Mr. Plummer: Hell, I could do it in that period of time.
252 November 19, 1987
Mr. Pierce: That includes landscaping around the wall, Mr. Plummer,
absolutely, right?
Mr. Plummer: That's exactly what I said, heavily landscaped on the outside.
Mr. Pierce: Landscape plan to be reviewed and approved by the Planning
Department.
Mr. Plummer: Exactly, I'm not going to do it.
Mayor Suarez: OK, movant accept the modifications? The seconder accept the
modifications? - I guess, since he made them he does accept them. Any further
dis...
Mrs. Kennedy: That is reasonable. Right? _
Mr. Cardenas: Well, it's reasonable to have one month to submit the plans and =
it's reasonable to get it done within 90 days from the time the plans are
approved. We just have no control of the department between the time we
present the plans and the time they approve them. That's reasonable.
Mrs. Kennedy: What is reasonable to you, 120 days?
Mr. Pierce: No...
Mr. Cardenas: It's reasonable to submit the plans...
Mrs. Kennedy: But that's a long time.
Mr. Cardenas: ... it's reasonable to submit the plans within 30 days, and
it's reasonable, well, listen, it's...
Mr. Pierce: Mr. Mayor, members...
Mayor Suarez: With all due respect, you're thinking of a much bigger project
than building a wall.
Mr. Plummer: Hey, God!
Mrs. Kennedy: Yes...
Mr. Cardenas: No, no, but listen to me.
Mayor Suarez: There's not much of an issue of approving a wall.
Mr. Cardenas: This is very simple.
Mr. Pierce: Mr. Mayor...
Mr. Plummer: He makes a point, A1...
Mr. Pierce: Mr. Mayor, Mr. Mayor, no...
Mr. Plummer: He makes a point, 30 days he must submit an application for a
permit, within 60 days after the approval of that permit, he must have the job
completed. And that says to the department, hey, guys, get off your duff, do
it in two days approve the permit, and then after he gets that permit, he must
have the job completed in sixty days.
Mr. Pierce: Mr. Plummer, just for the record, I got to tell you that any
citizen can walk through the Building Department with a plan in hand and get a
permit for a wall in one hour.
%Pik Mayor Suarez: All right, we've got the motion. We've got the second. Do you
accept those, the last statement of the proviso on getting the permit?
Mrs. Kennedy: That is reasonable.
Mayor Suarez: OK, any further discussion? Call the roll.
253 November 19, 1987
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-1063
A RESOLUTION GRANTING A CLASS C SPECIAL PERMIT IN
FILE NO. C-87-646, SUBJECT TO CERTAIN CONDITIONS, AND
THUS REVERSING THE ZONING BOARD'S AFFIRMATION OF THE
PLANNING DIRECTOR'S DECISION TO DENY CLASS C SPECIAL
PERMIT FOR THE RENEWAL OF A FLEA MARKET (FLAGLER FLEA
MARKET) AT 401 NORTHWEST 38TH COURT, 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.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: Yes, and in voting yes, I'd like... I'll wait until after the
vote, go ahead.
COMMENTS MADE AFTER ROLL CALL:
Mr. Dawkins: I'd like to ask, when you offered to buy the home, are you going
to pay the price it would take to replace it or are you just going to buy it?
Mr. Plummer: He said, fair market value.
Mr. Cardenas: Weil pay it... we agree to pay MIA plus 10 percent.
Mr. Dawkins: OK, well, if you were to buy her house for $60,000, it would
take $90,000 or "100,000 to replace it, so you really wouldn't be doing her no
favor.
Mr. Fletcher (Off mike): We may be back in three years, but I think we're
going to try and live with it now.
Mr. Dawkins: No, Ma'am, it really - you wouldn't sell - you know, so don't
play on her intelligence by offering to buy her house for $60,000, knowing it
would take $90,000 to replace it.
(Applause)
Mayor Suarez: OK, that's obviously a subsidiary issue. Please, please,
please, please. OK, did we finish calling the roll?
Mr. Plummer: Madam Clerk, do you need this as an exhibit?
Mr. Cardenas: Mr. Mayor, Mr. Mayor may I be heard?
UNIDENTIFIED SPEAKER: Time to get out of here before they ask...
Mayor Suarez: Yes, quick, quick, quick.
Mr. Cardenass Mr. Mayor, very quickly, I believe there's that one merchant
that wants to address the Commission at this point. Briefly, because I
believe that he'd like to air his feelings, which is one of the merchants of
the fish department.
UNIDENTIFIED SPEAKER: Spooks in Spanish.
254 November 19, 1987
Mayor Suarez: What are you going to tell us? I think, and I want to make
sure that the record's preserved is that you would like to continue selling
fish there.
UNIDENTIFIED SPEAKER: Right.
Mayor Suarez: And this is important to you and to people who do likewise.
This Commission has reached a consensus which has been very difficult. I told
_ you my viewpoint that I thought that the fish was not creating a problem when
I was there. But I don't know that we can reverse what we've done. It's
going to be almost impossible. I mean, if you want to add anything to that..
UNIDENTIFIED SPEAKER: It's impossible, huh?
UNIDENTIFIED SPEAKER: (Addresses the Commission in Spanish. His
presentation, interpreted by an unidentified translator, is as follows.) One
of the things that I would like to say that the fish is one of the most
popular vendors of flea market. I've had propositions from other flea markets
_ of a franchise business in the fish. To take thousand of persons they bring
to the flea market along with the vegetables to other flea markets. The
attack against us is because they know that we're very important in the
attraction of clients to the flea market. That is not true and they cook fish
that they have rotten fish because you yourself and Commissioner De Yurre went
to the flea market. I think you bought some fish yourself.
Mayor Suarez: No, I didn't buy any but I smelled it and it smelled very good i
to me.
UNIDENTIFIED SPEAKER: OK, somebody of you can... Some of your campaign -
people...
Mayor Suarez: I'll bet you they bought some. _
UNIDENTIFIED TRANSLATOR: And I showed the quality of the fish and the
cleanliness that we have there. We have our licenses, we are inspected by the
agencies. And I'm sorry they are - the nine vendors that honestly make a
living there by selling fish.
(Applause)
Mayor Suarez: OK, thank you. As I told you, I agree with your statement, but
I don't believe that we have a consensus on that point. This Commission is
adjourned until December 2nd at 4:00 p.m. Is that correct, Walter?
Mr. Pierce: Excuse me, Mr. Mayor? Would you repeat that, sir? December 2nd
at 4:00 p.m. May I ask something of the Commission that you retain your
agendas - your backup material from today. We will publish a new agenda
because of the shortage of time.
Mayor Suarez: Please, everyone, so we don't get into problems with the five-
day rule and everything.
NOTE FOR THE RECORD: Items PZ-12 and PZ-13 were withdrawn by the applicant.
81. CONTINUE ALL ITEMS NOT TAKING UP AT SECOND REGULAR MEETING OF NOVEMBER
TO A SPECIAL COMMISSION MEETING TO BE HELD ON DECEMBER 2ND.
Mr. Walter Pierce: Then we need a specific motion continuing all the other
items...
Mayor Suarez: I thought we did that. I thought we built that into the - Oh,
one through five, I'm sorry. Yes, I need the motion on items one through
five.
Mrs. Dougherty: No, no - yes, your item is withdrawn.
Mayor Suarez: I need a motion on PZ-1 through 5; continued.
255 November 19, 1907 ;
Mrs. Dougherty: Presbyterian Church, right?
Mayor Suarez: No, we did it on after five. So moved, do we have a second?
Do we have a second? We have to continue items PZ-1 through 5 also.
Mrs. Dougherty: No, they withdrew it before that, so...
Mayor Suarez: Second.
Mr. De Yurre: Second.
Mayor Suarez: Second. Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-1064
A MOTION CONTINUING ALL ITEMS WHICH WERE NOT TAKEN UP AT
n11E SECOND REGULAR MEETING IN NOVEMBER (NAMELY PZ-1
THROUGH PZ-5) TO A SPECIAL COMMISSION MEETING PRESENTLY
SCHEDULED FOR DECEMBER 2, 1987 BEGINNING AT 4:00 P.M.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
:Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THERE BEING NO FURTHER BUSINESS TO CONE MWORB THE CITY
COMNISSION, THE NMTING WAS ADJOURN AT 10:08 P.M.
Xavier L. Suarez
H A T O R
Natty Hirai
CIT? CLHM
Walter J. Tossiaa
ASSISTANT CM CLM
R f
CITY OF MIAMI
DOCUMENT INDEX
NNIiMM- NOVEMBER 19, 1987
PAW 1 OF
�•a 7 •� • a•�
HONOR SECRETARY OF LABOR HUGO MENENDEZ
FOR HIS EFFORTS IN ENCOURAGING GOVERNOR
MARTINEZ TO USE TITLE III TO RETRAIN
AND RELOCATE EASTERN AIRLINES EMPLOYEES
RECENTLY LAID OFF.
MODIFY CERTAIN COMPENSATION BENEFITS
AND EMOLUMENTS TO BE RECEIVED BY CITY
MANAGER CESAR ODIO.
ACCEPT BID OF SOUTH FLORIDA MAINTENANCE
SERVICES, INC. FOR FURNISHING GENERAL
CLEANING SERVICES FOR CITY MARINAS.
ACCEPT BID OF DINET, INC. FOR
FURNISHING EIGHT (8) CALL CHECK
RECORDERS TO POLICE DEPARTMENT FOR THE
911 EMERGENCY SYSTEM.
AMEND SEPTEMBER 13, 1982, AGREEMENT
WITH MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION, INC. TO DEFER
PAYMENTS TO CITY OF MIAMI FOR A PERIOD
OF THREE YEARS.
EXECUTE AGREEMENT WITH CELLAR DOOR
CONCERTS, INC. FOR DECEMBER 3, 1987
ORANGE BOWL APPEARANCE OF "U2".
APPROVE ADMISION OF NEW MEMBERS TO
SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION.
ALLOCATE AN ADDITIONAL AMOUNT UP TO
$250,000 FOR CONTINUED FUNDING OF
FORFEITURE FUND DETAIL.
ALLOCATE UP TO $14,000 FROM QUALITY OF
LIFE FUND.TO SUPPORT 1988 SUNSHINE
STATE GOLDEN GLOVES BOXING TOURNAMENT.
RECOGNIZE TAX EXEMPT STATUS OF GOOD
NEWS LITTLE RIVER BAPTIST CHURCH AND
AUTHORIZE REIMBURSEMENT OF PROPERTY
TAXES.
AUTHORIZE ONE YEAR PERMIT TO JET FUN
SPORTS, INC. FOR USE OF WOODEN PIERS
AND BAY BOTTOM ADJACENT TO MIAMI MARINE
STADIUM FOR A MINIBOAT RENTAL
OPERATION.
87-989
87-990
87-991
87-992
87-993
87-994
87-995
87-996
87-997
87-998
87-999
DOCUMENT INDEX
I • • •1►
REMVAL CODE NO.
ACCEPT DONATION OF TENNANT TRAILBLAZER
ALL TERRAIN SWEEPER FROM TENNANT
CORPORATION FOR USE BY DEPARTMENT OF
PARKS, RECREATION AND PUBLIC FACILITIES.
87-1000
AUTHORIZE ISSUANCE OF RFP'S FOR
COMPUTER HARDWARE AND SOFTWARE TO
OPERATE CITY OF MIAMI GEOGRPHIC
INFORMATION SYSTEM.
87-1001
APPROVE DESIGNATION OF SECTIONS OF
STATE ROAD 9-A (I-95) AS LIMITED ACCESS
FACILITY AND TO NOTIFY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION OF SAME.
87-1002
AUTHORIZE ACCEPTANCE OF THIRTY TWO (32)
DEEDS FOR HIGHWAY DEDICATION PURPOSES.
87-1003
AUTHORIZE ACCEPTANCE OF PLAT FOR BAY
HEIGHTS GROVES.
87-1004
EXECUTE ESTOPPEL CERTIFICATE FOR
BAYSIDE CENTER LIMITED PARTNERSHIP AS
REQUIRED FOR CLOSING OF PERMANENT LOAN.
87-1005
AUTHORIZE EXPANSION OF COMMUNITY
DEVELOPMENT ADVISORY BOARD TO EIGHTEEN
MEMBERS AND PROVIDING FOR A CHANGE IN
TERMS OF MEMBERSHIP.
87-1006
AUTHORIZE SECURING OPTION TO PURCHASE
PROPERTY AT 401 BRICKELL AVENUE AT A
PRICE NOT TO EXCEED APPRAISED VALUE AND
TO FURTHER INVITE BIDS FOR PURCHASE OF
CITY OWNED BRICKELL PARK.
87-1007
AUTHORIZE DECLARATION OF FEE SIMPLE
TITLE TO CITY OWNED PROPERTY KNOWN AS
BRICKELL PARK AND CONTIGUOUS MAUSOLEUM
AND BURIAL GROUNDS.
87-1008
CONFIRMING CITY ATTORNEY'S USE OF
COUNTY ATTORNEY LEGAL SERVICES IN
ACQUISITION OF LAND NEEDED BY THE CITY
AND PARTICULARLY PROPERTY NEEDED FOR
THE SOUTHEAST OVERTOWN COMMUNITY
REDEVELOPMENT PLAN AND FURTHER SETTING
FEES FOR SUCH SERVICE.
87-1009
APPROVE USE OF CERTAIN STREETS DURING
DECEMBER 6, 1987 AND 10K ROAD RACE
SPONSORED BY THE MIAMI RUNNERS CLUB.
87•-1010
f
ati*
A
DOCUMENT INDEX
PROVIDING FOR CLOSURE OF CERTAIN
STREETS FOR COCONUT GROVE WAITERS RACE
ON NOVEMBER 22, 1987 CONDUCTED BY
COCONUT GROVE MARKETING INC.
AUTHORIZING CLOSURE OF STREETS FOR
SUNSTREET FESTIVAL DECEMBER 5 AND 6
1987, AND SALE OF BEER AND WINE DURING
SAID EVENT.
PROVIDING FOR CLOSURE OF CERTAIN
STREETS FOR CIRCUS ROYALE TO BE
CONDUCTED BY GUSMAN CULTURAL CENTER
ON NOVEMBER 22, 1987.
APPROVE DONATION OF SURPLUS POLICE
AUTOMOBILES AND MOTORCYCLES TO THE
CITY OF SWEETWATER, FLORIDA.
ALLOCATE UP TO $50,000 TO PARTIALLY
COVER RENTAL OF THE COCONUT GROVE
EXHIBITION CENTER FOR THE ANTIQUE AND
JEWELRY SHOWS SPONSORED BY COCONUT
GROVE CARES, INC.
AUTHORIZE EXECUTION OF AGREEMENTS WITH
NORTHEAST CHAMBER OF COMMERCE AND THE
GREATER BISCAYNE BOULEVARD CHAMBER OF
COMMERCE TO CONTINUE IMPLEMENTING
COMMERCIAL FACADE TREATMENT PROGRAM IN
EDISON LITTLE RIVER TARGET AREA.
AUTHORIZE EXECUTIVE OF AN AGREEMENT
WITH BAYSIDE CENTER LIMITED PARTNERSHIP
AND BOUNTY-BAYSIDE JOINT VENTURE,
PERMITTING THE MOORING AND OPERATION OF
SHIP BOUNTY FROM EASTERN EDGE OF PIER
PARK.
AUTHORIZE RENEWAL OF LEASE AGREEMENT
WITH COCONUT GROVE BANK FOR OFFICE
SPACE TO BE USED BY LABOR RELATIONS
OFFICE.
AUTHORIZE APPLICATION FOR A LOAN FROM
SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION TO REFINANCE MIAMI SPORTS
AND EXHIBITION AUTHORITY'S SUBORDINATE
OBLIGATION NOTE.
ALLOCATE $200,000 FOR CULTURAL EVENTS
(FESTIVALS).
h" 3 CW_
M I WVAL CODE NO.
87-1011
87-1012
87-1013
87-1014
87-1015
87-1016
87-1017
87-1019
87-1020
87-1021
DOCUMENT INDEX
EMERGENCY SHELTER GRANT FUNDS FROM U.S.
HUD.
PERMIT SALE OF ALCOHOL BY LIQUOR
PACKAGE STORES, NOT FOR CONSUMPTION ON
THE PREMISES, ON ALL SUNDAYS DURING THE
REMAINDER OF NOVEMBER AND DECEMBER.
AUTHORIZE 16 SURPLUS GARBAGE TRUCKS AND
8 DUMP TRUCKS TO SISTER CITY OF SANTO
DOMINGO AND NEGOTIATE A PRICE FOR SAID
EQUIPMENT.
ALLOCATE $196,000 FROM SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND TO LITTLE
HAVANA ACTIVITIES AND NUTRITION CENTERS
OF DADE COUNTY, INC IN THE FORM OF A
LOAN FLR CAPITAL IMPROVEMENT/CONSTRUCTION
FOR ITS ELDERLY SERVICES PROGRAM.
APPROVE PROPOSALS FOR TOWING AND
WRECKER SERVICES CITYWIDE GENERALLY FOR
THE POLICE DEPARTMENT.
ACCEPT BID OF MISENER MARINE
CONSTRUCTION, INC. FOR DINNER KEY
MARINA REDEVELOPMENT -PIER CONSTRUCTION
AND AUTHORIZE EXECUTION OF CONTRACT
WITH SAID FRMR.
RATIFYING ACTIONS OF CITY MANAGER FOR
EMERGENCY REPAIRS TO AIR CONDITIONING
UNIT AT POLICE DEPARTMENT BUILDING IN
AMOUNT OF $19,398.00.
APPOINT THELBERT JOHAKIN AND CARLOS
ARBOLEYA TO CITYIS CODE ENFORCEMENT
BOARD,
APPOINT BRUNO BARREIRO, JR. AND T,
WILLARD FAIR TO THE HEALTH FACILITIES
AUTHORITY.
APPOINT LUISA B. MURAI TO HERITAGE
CONSERVATION BOARD.
APPOINT RON THOMPKINS AND THERESA
POLLACK TO BOARD OF TRUSTEES OF MIAMI
GENERAL EMPLOYEES' AND SANITARION
EMPLOYEES' RETIREMENT TRUST.
APPROVE IN PRINCIPLE APPLICATION FROM
"SMALL BUSINESS OPPORTUNITY CENTER,
INC," FOR ACQUISITION OF PROPERTY AT
1401 AND 1419 W. FLAGLER ST. AND
DIRECTING CITY MANAGER TO APPLY FOR
URBAN DEVELOPMENT ACTION GRANT IN
CONNECTION WITH SAME.
RETREIVAL COflE NO.
87-1023
87-1024
87-1025
87-1026
87-1027
87-1028
87-1029
87-1030
87-1031
87-1032
87-1033
87-1035
h
,,TY
DOCUMENT INDEX
APPROVE IN PRINCIPLE APPLICATION OF
"INTERNATIONAL CAR WASH, INC." FOR
CONSTRUCTION OF A MIXED -USE SHOPPING
CNETER ON N.W. 54TH STREET AND
DIRECTING CITY MANAGER TO APPLY FOR
URBAN DEVELOPMENT ACTION GRANT IN
CONNECTION WITH SAME.
AUTHORIZE TEMPORARY $128,125. LOAN FROM
DOWNTOWN PEOPLE MOVER EXTENSION PROJECT
DEPOSIT TO ORANGE BOWL STADIUM FOR WORK
OF PRESS BOX ADDITION.
INCREASE CONTRACT WITH COBAD
CONSTRUCTION CORPORATION FOR
CONSTRUCTION OF ORANGE BOWL
STADIUM PRESS BOX.
CONTINUE PUBLIC HEARING CONCERNING
DEVELOPMENT ORDER FOR DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT.
ALLOCATE $30,000 FROM EMERGENCY SHELTER
GRANT FUNDS TO SOCIAL ACTION OF LITTLE
HAVANA FOR FOOD DISTRIBUTION FOR THE
HOMELESS.
CLOSURE OF STREETS TRAFFIC AND ESTABLISH
A PEDESTRIAN MALL FOR DR. MARTIN LUTHER
KIND BIRTHDAY FESTIVITIES.
PROVIDE FOR CLOSURE OF DESIGNATED
STREETS FOR A GRAND OPENING ON NOVEMBER
21, 1987, SPONSORED BY MIAMI-INTER-DESIGN.
BAYFRONT LIGHT TOWER MAINTENANCE TRUST
REVENUE FUND/APPROPRIATION $50,000 FOR
OPERATION.
AUTHORIZE MANAGER PURCHASE COMPUTER
CONTROLLED LASER PROJECTION SYSTEM FOR
BRYFRONT PARK
GRANT RENEWAL PERMIT FOR 3 YEARS FOR
FLEA MARKET AT FLAGLER DOG TRACK.
MM 5 OF.
RETRE:VAL CODE NO.
87-1036
87-1037
87-1038
87-1039
87-1045
87-1046
87-1053
87-1059
87-1063