HomeMy WebLinkAboutCC 1987-10-22 MinutesITY
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IB 96 T.
OF MEETING HEIR ON . October 22, 1987
(REGULAR * PLANNING & ZONING)
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PREPARED 8Y THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
s,a
INDEX
MIN OF REGULAR IDS' ING
CITY COMMISSION OF MIAMI, FLORIDA
OCTOBER 22, 1987
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
PRESENTATION, PROCLAMATIONS, SPECIAL
1-2
ITEMS
10/22/87
2.
CONDOLENCE TO CITY CLERK MATTY HIRAI
R 87-864
2
UPON THE PASSING OF HER FATHER; FURTHER
10/22/87
WISHING HER A SPEEDY RECOVERY FROM THE
GERMAN MEASLES.
_ 3.
ALLOCATE UP TO $7,500 TO
M 87-865
3
REPRESENTATIVES OF THE "INDEPENDENCE
10/22/87
DAY FESTIVAL" OF COSTA RICA, EL
SALVADOR, GUATAMALA, HONDURAS AND
NICARAGUA TO COVER RENTAL AND
CONCESSIONS FEES FOR USE OF ORANGE BOWL
STADIUM.
-
4.
REQUEST BY COMMISSIONER DAWKINS FOR A
DISCUSSION
4 -
LEGAL OPINION ON NEPOTISM, AND WHETHER
10/22/87
THE PROPOSED PROMOTION OF HIS NEPHEW,
CHARLES DAWKINS, WITH THE CITY'S WORK
FORCE, PRESENTS ANY POTENTIAL LEGAL
ISSUES.
5.
CONSENT AGENDA
10/22/87
4-6
= 5.1
ACCEPT BID OF CORAL GABLES GLASS
R 87-866
6
MIRROR CORP. FOR FURNISHING AND
10/22/87
INSTALLING FIFTEEN ALUMINUM WINDOWS AT
-
-
THE ORANGE BOWL PRESS BOX AT A COST OF
$4,750.05
5.2
ACCEPT BID OF ALL PHASE ELECTRIC SUPPLY
R 87-867
6
FOR FURNISHING ELECTRICAL SUPPLIES TO
10/22/87
GSA AT A COST OF $6,344.00
5.3
ACCEPT BID OF TOM'S WELDING SERVICE TWS
R 87-868
7
FABRICATORS FOR FURNISHING FIVE ONE
10/22/87
YARD NON -ROTATING TRASH BUCKETS TO GSA
i
AT A COST OF $34,750.00
5.4
ACCEPT BID OF FLORIDA COOL SERVICE,
R 87-869
7
}
INC. FOR AIR CONDITIONING MAINTENANCE
10/22/87
FOR COMPUTER DEPARTMENT BUILDING AT A
TOTAL FIRST YEAR COST OF $6,759.96
5.5
ACCEPT BID OF CASEY'S TOWER SERVICE,
R 87-870
7
INC. FOR RELOCATING RADIO TOWER FROM
10/22/87
1080 N.W. 20TH STREET TO FIRE STATION
11, 5920 W. FLAGLER STREET
5.6
ACCEPT BID OF VISTA BUILDING
R 87-871
$
MAINTENANCE SERVICES, INC. FOR
10/22/87
JANITORIAL SERVICES AT COMPUTERS
DEPARTMENT BUILDING AT A COST OF
$9,782.04 FOR ONE YEAR
5.7
ACCEPT BID OF C & C MAINTENANCE FOR
R 87-872
z
8
JANITORIAL SERVICES AT MANUAL ARTIME
10/22/87
COMMUNITY CENTER AT A TOTAL FIRST YEAR
COST OF $22,667.88
i
i
1:
1
5.8 ACCEPT BID OF BEAR AUTOMOTIVE SERVICE R 87-873 8
EQUIPMENT COMPANY FOR ALIGNMENT SYSTEM 10/22/87
FOR GSA AT A COST OF $190856.20
5.9 ACCEPT BIDS OF MIDWEST COMMUNICATIONS R 87-874 9
CORPORATION, GRAY COMMUNICATIONS, AND 10/22/87
FLORIDA VIDEO SYSTEMS TO FURNISH AUDIO'
VISUAL EQUIPMENT TO THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES .
5.10 AUTHORIZE PURCHASE OF ONE TORO MOWER R 87-875 9
FROM ZAUN EQUIPMENT AT A TOTAL COST OF 10/22/87
$5,925.00
5.11 ACCEPT BIDS OF ACE LAWNMOWER SERVICES, R 87-876 9
HECTOR TURF, INC., MAC'S LAWN AND TURF, 10/22/87
AND DEBRA TURF & INDUSTRIAL EQUIPMENT
FOR FURNISHING CHAIN SAWS, LINE
TRIMMERS AND MOWERS FOR THE DEPARTMENT
OF PARKS, RECREATION AND PUBLIC
FACILITIES
5.12 ACCEPT BID OF OAKS WHOLESALE R 87-877 10
DISTRIBUTORS FOR FURNISHING 9MM 10/22/87
PARABELLUM AMMUNITION TO THE DEPARTMENT
OF POLICE AT A TOTAL FIRST YEAR COST' -OF
$48,800.00
5.13 ACCEPT BASE BID OF ROBINSON R 87-878 10
CONSTRUCTION, INC. (A BLACK CONTRACTOR) 10/22/87
IN THE AMOUNT OF $348,100 FOR
PROTOTYPICAL HOUSING - CITY OF MIAMI -
CARVER BRANCH -YMCA DEMONSTRATION
PROJECT
5.14 ACCEPT BID OF SOLAR HEATING OF FLORIDA R 87-879 10
IN THE AMOUNT OF $31,782.00 FOR FIRE 10/22/87
TRAINING CENTER - REMEDIAL WORK
5.15 ACCEPT CONTRACT EXTENSIONS WITH H & C R 87-880 11
MAINTENANCE, ROBERT BROWN BUILDING 10/22/87
MAINTENANCE, AND INDUSTRIAL BUILDING
MAINTENANCE FOR FURNISHING CUSTODIAL
SERVICES AT VARIOUS LOCATIONS AT A ONE
YEAR TOTAL COST OF $73,992.00
5.16 ACCEPT CONTRACT EXTENSION WITH TEMPTROL R 87-881 11
AIR CONDITIONING, INC. FOR FURNISHING 10/22/87
AIR CONDITIONING MAINTENANCE SERVICES
TO GSA AT A COST OF $39,180.00.
5.17 ACCEPT CONTRACT EXTENSION WITH PROPERTY R 87-882 12
MANAGEMENT AND MAINTENANCE, INC. FOR 10/22/87
CLEANING AND TRASH REMOVAL AT CITY OF
MIAMI STADIUMS AT ONE YEAR COST OF
$85,451
5.18 ACCEPT EXTENSION OF CONTRACT WITH R 87-883 12
PROPERTY MANAGEMENT AND MAINTENANCE, 10/22/87
INC. FOR AFTER EVENTS CLEANING AND
TRASH REMOVAL SERVICES AT CITY OF MIAMI
STADIUMS AT A ONE YEAR COST OF
$46,690.00.
5.19 ACCEPT ONE YEAR CONTRACT EXTENSION WITH R 87-884 12
G.E. METCALF AND COMPANY FOR FURNISHING 10/22/87
600 CU. YDS. OF RED CLAY TO THE PARKS,
RECREATION. AND PUBLIC FACILITIES
DEPARTMENT AT A COST OF $10,000.00.
S.20
ACCEPT ONE YEAR CONTRACT EXTENSION WITH
R 87-885
13
J.W. MAINTENANCE FOR FURNISHING GROUNDS
10/22/87
MAINTENANCE AT CITY PARKS AND LOCATIONS
AT A TOTAL COST OF $94,392.00.
5.21
ACCEPT ONE YEAR CONTRACT EXTENSION WITH
R 87-886
13 _
HELENA CHEMICAL COMPANY FOR WEED KILLER
10/22/87
AT A COST OF $31,080.00.
5.22
ACCEPT ONE YEAR CONTRACT EXTENSION WITH
R 87-887
13
BRUNING COMPANY FOR FURNISHING
10/22/87
BLUEPRINT REPRODUCTION PAPER SUPPLIES
TO PUBLIC WORKS AT A COST OF
$$9,000.00.
5.23
ACCEPT ONE YEAR CONTRACT EXTENSION WITH
R 87-888
14
INFORMATION MANAGEMENT OF FLORIDA/CANON
10/22/87
FOR RENTAL OF THREE
MICROFILM/MICROFICHE READER PRINTERS TO
_
THE POLICE DEPARTMENT AT A COST OF
$13,740.00.
5.24
ACCEPT ONE YEAR CONTRACT EXTENSION WITH
R 87-889
14
PHYSIO CONTROL CORPORATION FOR
10/22/87
MAINTENANCE SERVICES AND RELATED
SUPPLIES FOR DEPARTMENT OF FIRE, RESCUE
AND INSPECTION AT A COST OF $27,120.00.
5.25
AUTHORIZE CITY MANAGER TO AMEND
R\87-890
15
AGREEMENT BETWEEN SPILL -IS, CANDELA &
10/22/87
PARTNERS, INC. AND THE CITY OF MIAMI
-
FOR STAGE II OF RENOVATION AND
EXPANSION OF THE COCONUT GROVE
EXHIBITION CENTER AT A FEE OF $325,000.
5.26
AUTHORIZE FIVE-YEAR LEASE WITH DADE
R 87-891
15
-
COUNTY SCHOOL BOARD FOR USE OF MIAMI
10/22/87
PARK FACILITIES AT LEMON CITY, ATHALIE
-
RANGE, GIBSON, GRAND, WEST END AND
SHENANDOAH FOR $1.00 PER YEAR PLUS
MAINTENANCE COSTS.
5.27
ENGAGE TOWERS, PERRIN, FORSTER & CROSBY
R 87-892
15
FOR ACTUARIAL ASSISTANCE IN PENSION
10/22/87
MATTERS.
5.28
EXECUTE AGREEMENT WITH THE FILM SOCIETY
R 87-893
16
OF MIAMI, INC. FOR $110,000 TO SUPPORT
10/22/87
ACTIVITIES INCLUDING FIFTH "MIAMI FILM
FESTIVAL".
5.29
AUTHORIZE $11,000 AGREEMENT WITH U.S.
R 87-894
16
DEPARTMENT OF COMMERCE IN CONNECTION
10/22/87
WITH EXPENSES FOR MIAMI CONFERENCE ON
INTER-AMERICAN TRADE AND INVESTMENT AND
WESTERN HEMISPHERE SENIOR COMMERCIAL
OFFICER CONFERENCE.
5.30
AUTHORIZE $10,000 AGREEMENT WITH THE
R 87-895
16
GREATER MIAMI CHAMBER OF COMMERCE IN
10/22/87
SUPPORT OF THE 1987 MIAMI CONGRESSIONAL
WORKSHOP, DECEMBER 5-7, 1987.
5.31
EXECUTE $150,000 AGREEMENT WITH
R 87-896
17
NORTHEAST MIAMI CHAMBER OF COMMERCE,
10/22/87
INC. FOR THE PURPOSE OF COMPLETING
CONSTRUCTION AND RENOVATION OF GARDEN
COVE SHOPPING CENTER.
5.32
AUTHORIZE $60,000 AGREEMENT WITH
R 87-897
17
HISPANIC HERITAGE FESTIVAL COMMITTEE,
10/22/87
INC. IN SUPPORT OF THE XV HISPANIC
HERITAGE FESTIVAL.
5.33
AMEND ECONOMIC DEVELOPMENT AGREEMENT -
R 87-898
17
WITH THE WYNWOOD COMMUNITY ECONOMIC
10/22/87
DEVELOPMENT CORPORATION, INC. AND
PROVIDE ADDITIONAL $37,500 FROM
SPECIFIED FUNDS.
5.34
EXECUTE $50,000 AGREEMENT WITH
R 87-899
18
CARIBBEAN CENTRAL AMERICAN ACTION, INC.
10/22/87
IN SUPPORT OF THE 1987 MIAMI CONFERENCE
ON THE CARIBBEAN, NOVEMBER 30TH-
DECEMBER 2ND, 1987.
5.35
AUTHORIZE AGREEMENT WITH PUBLIC HEALTH
R 87-900
18
TRUST OF DADE COUNTY FOR COORDINATION
10/22/87
OF EMERGENCY MEDICAL SERVICES PROVIDED
BY CITY OF MIAMI FIRE, RESCUE AND
INSPECTION SERVICES DEPARTMENT.
5.36
AUTHORIZE AGREEMENT WITH CELLAR DOOR
R 87-901
18
CONCERTS, INC. FOR THE USE OF THE
10/22/87
ORANGE BOWL STADIUM.
5.37
AUTHORIZE EXECUTIVE DIRECTOR, DOWNTOWN
R 87-902
19
DEVELOPMENT AUTHORITY, TO EXPEND FUNDS
10/22/87
FOR DOWNTOWN STUDIES, BEAUTIFICATION,
MARKETING AND CAPITAL IMPROVEMENTS.
5.38
INITIATE PURCHASE OF LAND PARCEL
R 87-903
19
LOCATED AT 104 N.W. 1ST AVENUE WITH
10/22/87
FUNDING TO BE PROVIDED FROM THE GRAN
CENTRAL CORPORATION
5.39
CONFIRM GRANT ACCEPTANCE FROM FLORIDA
R 87-904
19
DEPARTMENT OF VETERAN AND COMMUNITY
10/22/87
AFFAIRS IN THE AMOUNT OF $20,000 TO
CONDUCT A CHILD DAY CARE PROGRAM.
5.40
CONFIRMING GRANT AWARD ACCEPTANCE FROM
R 87-905
20
FLORIDA DEPARTMENT OF HISTORIC
10/22/87
PRESERVATION FOR RENOVATION OF THE
MANUEL ARTIME AUDITORIUM.
5.41
AUTHORIZE CITY MANAGER TO PAY BAYSIDE
R 87-906
20
CENTER LIMITED PARTNERSHIP RENTAL
10/22/87
CREDIT IN THE AMOUNT OF $1,675,000 IN
ACCORDANCE WITH MIAMARINA AGREEMENT
5.42
APPROVING SELECTION PROCESS OF FIRMS TO
R 87-907
20
PROVIDE LAND SURVEY SERVICES FOR CITY
10/22/87
OF MIAMI PROJECTS 1988.
5.43
ISSUE RFP FOR LEASE FOR CAFETERIA AND
R 87-908
21
VENDING CONCESSION IN THE MIAMI POLICE
10/22/87
DEPARTMENT BUILDING.
5.44
ISSUE RFP FOR RESTAURANT LEASE TO BE
R 87-909
21
LOCATED IN FORT DALLAS PARK.
10/22/87
5.45
ADVERTISE FOR PROFESSIONAL SERVICES TO
R 87-910
21
CONDUCT AN ECONOMIC FEASIBILITY STUDY
10/22/87
FOR THE OMNI REDEVELOPMENT AREA
PROJECT.
5.46
ACCEPT PROPOSALS OF GABRIEL GARCIA-
R 87-911
21
MENOCAL AND ROBERTO FLOREZ TO APPRAISE
10/22/87
PROPERTY ON N.W. 6TH STREET FOR
POSSIBLE LOCATION OF SPORTS ARENA
PARKING FACILITY.
5.47
AMENDMENT INCREASING THE TOTAL
R 87-913
22
MEMBERSHIP OF VISIONS 2000 COMMITTEE
10/22/87
FROM 10 TO 25.
mZi.t"
5.48 ORDER CITY WIDE SANITARY SEWER R 87-914 22
EXTENSION IMPROVEMENT - S.W. 8 COURT 10/22/87
SR-5539-C (CENTERLINE).
5.49 AMENDMENT PROVIDING THAT CITY BID BOND R 87-915 22
VOUCHER PROGRAM FOR MINORITY AND FEMALE 10/22/87
FIRMS BE LIMITED TO CONSTRUCTION
CONTRACTS OF $200,000 OR LESS.
5.50 SETTING FORTH PROCUREMENT AND R 87-916 23
DEVELOPMENT METHODS TO HOUSE THE U.S. 10/22/87
ATTORNEY'S OFFICE AND OTHER FEDERAL LAW
ENFORCEMENT AGENCIES IN MIAMI.
5.51 AUTHORIZE $50,000- PAYMENT TO REBECCA R 87-917 23
SHAW AS PERSONAL REPRESENTATIVE OF 10/22/87
DOROTHY ROBINSON IN FULL SETTLEMENT OF
ALL CLAIMS AGAINST THE CITY OF MIAMI.
5.52 DESIGNATING MEMBERS TO SERVE ON R 87-918 23
DOWNTOWN WATERFRONT MASTER PLAN 10/22/87
IMPLEMENTATION ADVISORY COMMITTEE.
5.53 AUTHORIZE DESIGNATED STREET CLOSURE AND R 87-919 24
OTHER REGULATIONS PERTAINING TO 1988 10/22/87
SPECIAL EVENTS CONDUCTED BY THE KIWANIS
CLUB OF LITTLE HAVANA; CARNAVAL MIAMI
PASEO, 8-K RUN, BIKE DASH, CALLE OCHO
OPEN HOUSE FESTIVAL.
5.54 AUTHORIZE DESIGNATED STREET CLOSURE AND
R 87-920 24
OTHER REGULATIONS PERTAINING TO THE
10/22/87
BANYAN FESTIVAL CONDUCTED BY THE
COCONUT GROVE CHAMBER OF COMMERCE,
NOVEMBER 7-8, 1987.
5.55 AUTHORIZE CLOSURE OF DESIGNATED STREETS
R 87-921 25
AND OTHER REGULATIONS PERTAINING TO THE
10/22/87
- FOURTH MIAMI BOOK FAIR TO BE CONDUCTED
BY MIAMI BOOK FAIR INTERNATIONAL, INC.,
NOVEMBER 8-15, 1987.
5.56 APPRUTIE ADOPTION OF SMALL BUSINESS
R 87-922 25
DEVELOPMENT PILOT PROGRAM IN THE MODEL
10/22/87
CITY TARGET AREA.
5.57 AMEND 1986-87 AGREEMENT WITH MIAMI R 87-923 26
CAPITAL DEVELOPMENT, INC. TO REALLOCATE 10/22/87
$500,000 FROM SPECIFIED FUNDS TO SMALL
BUSINESS DEVELOPMENT PILOT PROGRAM.
6. EMERGENCY ORDINANCE: AMEND SEC. 1 OF ORDINANCE 26-27
THE CAPITAL IMPROVEMENT APPROPRIATIONS 10326
ORDINANCE (ORD. 10187), BY INCREASING 10/22/87
THE APPROPRIATION OF THE "POLICE
DEPARTMENT -COMPUTER ENHANCEMENT"
PROJECT TO $216,000.
7. REEVALUATE POSITION BY CITY COMMISSION R 87-924 28-35
RELATING TO THE SMALL BUSINESS 10/22/87
DEVELOPMENT PILOT PROGRAM IN THE MODEL
CITY AREA, AND APPROVE RESOLUTION BY
MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION.
8. REFER BACK TO CITY MANAGER FOR FURTHER M 87-925 35-38
NEGOTIATIONS PROPOSED ACQUISITION OF 10/22/87
CITY OWNED PROPERTY BY MIAMI-DADE
COMMUNITY COLLEGE LOCATED AT
APPROXIMATELY NW 20TH STREET AND LOTH
AVENUE.
i
1
9.
AUTHORIZE ENTRANCE INTO A COLLECTIVE
BARGAINING AGREEMENT WITH SANITATION
EMPLOYEES ASSOCIATION.
10.
DISCUSSION OF POLITICAL CAMPAIGN SIGN
REGULATION IN THE CITY OF MIAMI.
11.
DISCUSSION REGARDING MEMORANDUM FROM
MAYOR DATED OCTOBER 18, 1987, WHICH WAS
DISTRIBUTED WITH THE PAYCHECKS TO ALL
CITY EMPLOYEES.
12.
AUTHORIZE LOAN IN THE AMOUNT OF
$196,000 TO LITTLE HAVANA ACTIVITIES
AND NUTRITION CENTERS FOR DADE COUNTY,
INC. FOR ITS ELDERLY DAY CARE SERVICES.
13.
RATIFY ACCEPTANCE OF A ONE HUNDRED
THOUSAND ($100,000) MIAMI POLICE
DEPARTMENT INFORMATION SYSTEM
CONVERSION GRANT.
14. EMERGENCY ORDINANCE: AMENDING SECTIONS
1, 2, 3, 4, 5 AND 6 OF THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1987 FOR
FORMALIZING COMMISSION ACTIONS AND
IMPLEMENTING BUDGETARY ADJUSTMENTS.
15. ESTABLISHING NEW SPECIAL REVENUE FUND
CALLED "VISIONS 2000 COMMITTEE"
16. TEMPORARY DEFERRAL OF CONSIDERATION OF
CREATING AND ESTABLISHING THE BAYFRONT
PARK MANAGEMENT TRUST.
17.
AMEND SECTION 18-51.4 OF THE CODE
ENTITLED "STOCK REPORTS AND
AVAILABILITY", AND PROVIDING FOR
DISPOSITION BY THE CITY COMMISSION OF
SURPLUS SUPPLIES, MATERIALS AND
EQUIPMENT.
18.
AMEND SECTION 19-184 OF THE CODE,
ENTITLED "MANUFACTURE, SALE, TIME OF
DISPLAY AND DISCHARGE OF FIREWORKS, AND
SECTION 19-185, "BOND AND
RESPONSIBILITY FOR FIREWORKS DISPLAY
REQUIRED", BY CHANGING TIME RESTRICTION
ON THE DISPLAY OF FIREWORKS AND THE
DISPLAY BOND REQUIREMENT.
19.
AMEND SECTION 54.5 OF THE CODE ENTITLED
"SUBDIVISION REGULATIONS" BY AMENDING
SEC. 54.5-12 ENTITLED "DESIGN
STANDARDS", TO ALLOW A "T" TYPE TURNING
AREA ON EXISTING DEAD-END STREETS.
20.
AMEND SEC. 30-53 AND SEC. 30-54 OF THE
CODE ENTITLED GREEN FEES AND CART FEES
RESPECTIVELY, BY REVISING THE FEE
SCHEDULES AT CITY GOLF COURSES (SEE
LABEL #28)
21.
DEFER CONSIDERATION OF (ITEMS 73, 74
AND 75) LABOR ORDINANCES.
22.
REQUIRE OWNERS OF MINORITY AND WOMEN -
OWNED BUSINESSES SUBMITTING BIDS FOR
CONSTRUCTION CONTRACTS TO BE CERTIFIED
IN THE FIELD FOR WHICH THE CONTRACT IS
LET.
R 87-926
38-41
10/22/87
DISCUSSION
42-44
10/22/87
DISCUSSION
45-46
10/22/87
M 87-927
46-48
10/22/87
R 87-928
10/22/87
ORDINANCE
10327
10/22/87
ORDINANCE
FIRST READING
10/22/87
DISCUSSION
10/22/87
ORDINANCE
10328
10/22/87
ORDINANCE
10329
10/22/87
ORDINANCE
10330
10/22/87
48-49
49-50
50-51
51-52
53
53-54
54-55
ORDINANCE 55-56
10331
10/22/87
DISCUSSION 56-57
10/22/87
DISCUSSION 58-65
10/22/87
1b 4
23.
INSTRUCT CITY ADMINISTRATION TO CORRECT
M 87-929
66-67
SIGN DESIGNATING MEMORIAL BLVD., TO
10/22/87
READ THE FULL AND PROPER NAME OF SAID
AVENUE - CUBAN MEMORIAL BLVD., AND
DELIVER THE SAME TO MIAMI HERALD FAIR
CAMPAIGN PRACTICES COMMITTEE.
24.
ALLOW SALE AND CONSUMPTION OF ALCOHOLIC
ORDINANCE
67-68
BEVERAGES IN RESTAURANTS AT
FIRST READING
BICENTENNIAL, BAYFRONT AND FT. DALLAS
10/22/07
PARKS.
25.
A. AUTHORIZE PREPARATION OF
M 87-930
68-70
CERTIFICATES OF APPRECIATION TO THOSE
ORDINANCE
INDIVIDUALS WHO PROVIDED ASSISTANCE TO
FIRST
THE FLORIDA LEAGUE OF CITIES AT ITS
READING
ANNUAL CONFERENCE.
10/22/87
B. AMEND SECTION 53-161 OF CODE
ENTITLED "CONVENTION
CENTER/INTERNATIONAL CENTER: SCHEDULE
OF FEES", BY ADDING THE RATES FOR THE
NEW EXHIBIT HALL AT THE MIAMI
CONVENTION CENTER.
26.
AMEND SEC. 1 OF THE SOUTHEAST
ORDINANCE
70-71
OVERTOWN/PARK WEST REDEVELOPMENT PLAN
FIRST READING
ORDINANCE (ORD. NO. 9590), BY MODIFYING
10/22/87
THE QUANTITY, TYPE AND TIMING OF
PAYMENTS OF CONFORM WITH FLORIDA STATE
LAW.
27.
AMEND CAPITAL IMPROVEMENTS
ORDINANCE
71-72
APPROPRIATIONS ORDINANCE (NO. 10187) BY
FIRST READING
ESTABLISHING THE MANUEL ARTIME
10/22/87
RENOVATION PROJECT.
28.
A. RECONSIDER PREVIOUSLY TAKEN VOTE ON
M 87-931
72-81
ORDINANCE NO. 10331.
ORDINANCE
B. AMEND SEC. 30-53 ENTITLED "GREEN
10331
FEES" AND SEC. 30-54 ENTITLED "CART
10/22/87
FEES", OF THE CODE, BY REVISING THE FEE
SCHEDULES OF CITY GOLF COURSES. (See
label #20)
29.
A. RECONSIDER PREVIOUSLY TAKEN VOTE ON
M 87-932
81-82
RESOLUTION (87-912) PROVIDING FUNDS FOR
R 87-933
"PROS FOR KIDS".
ZX
B. AMEND SEC. 1 AND 2 OF RESOLUTION
87-722, TO PROVIDE FOR CHANGE IN SOURCE
OF FUNDING FOR AN ANTI -DRUG PROGRAM
CALLED "PROS FOR KIDS". (SEE LABEL #5)
30.
APPROVAL FISCAL YEAR 1987-88
R 87-934
83-85
ADMINISTRATIVE BUDGET OF THE MIAMI
10/22/87
SPORTS AND EXHIBITION AUTHORITY.
31.
APPROVE IN PRINCIPLE CITY OF MIAMI
R 87-935
85-87
CAPITAL IMPROVEMENT PROGRAM, 1987-1993.
10/22/87
32.
ESTABLISH APPROPRIATIONS FOR CITY
ORDINANCE
88
CAPITAL IMPROVEMENTS, REVISING
FIRST
PREVIOUSLY APPROVED PROJECTS, AND
READING
ESTABLISH NEW PROJECTS FOR FISCAL YEAR
10/22/87
'88.
33.
CONFIRM ORDERING RESOLUTION NO. 87-646
R 87-936
88-89
FOR CONSTRUCTION OF CITYWIDE SANITARY
10/22/87
SEWER EXTENSION IMPROVEMENT - NW 5TH
AVENUE.
34.
RATIFY EMERGENCY ACTION IN ACCEPTANCE
R 87-937
89-90
OF BID OF MCO CONSTRUCTION, INC. AND
10/22/87
EXECUTION OF A CONTRACT FOR SOUTH
DISTRICT SUBSTATION -BUILDING
DEMOLITION.
35.
AUTHORIZE EMERGENCY INCREASE IN THE
R 87-938
90-91
CONTRACT WITH TARAFA CONSTRUCTION, INC.
10/22/87
FOR CONSTRUCTION OF FIRE GARAGE/FIRE
STATION NO. 3.
36.
ACCEPT COMPLETED WORK OF FRE
R 87-939
91-92
CONSTRUCTION CO., INC., FOR DESIGN
10/22/87
PLAZA HIGHWAY IMPROVEMENT AND
AUTHORIZED FINAL PAYMENT OF SAME.
36.1
DEFER CONSIDERATION OF REQUEST FOR
DISCUSSION
92
FUNDING IN ORDER TO ALLOW MIAMI HIGH
10/22/87
SCHOOL FOOTBALL TEAM TO PLAY AT THE
ORANGE BOWL.
37.
APPROVE IN PRINCIPLE THE CONCEPT OF THE
M 87-940
92-102
LATIN QUARTER SPECIALTY CENTER.
10/22/87
38.
ALLOCATE $30,000 TO FAMILY HEALTH
R 87-941
102-104
CENTER, A DRUG/ALCOHOL TREATMENT
10/22/87
PROGRAM FOR WOMEN.
39.
DISCUSSION OF REQUEST FOR FUNDING BY
DISCUSSION
105-108
REPRESENTATIVES OF ST. LUKE'S CHILD
10/22/87
CARE CENTER, IN SUPPORT OF THEIR
PROGRAM SERVING CHILDREN OF SUBSTANCE
_
ABUSING PARENTS.
40.
DEFER CONSIDERATION OF CREATING AND
M 87-942
108
ESTABLISHING BAYFRONT PARK MANAGEMENT
10/22/87
TRUST TO NOVEMBER 12TH CITY COMMISSION
MEETING.
40.1
RESCHEDULING BOTH DECEMBER COMMISSION
M 87-943
109-110
MEETINGS TO BE ON DECEMBER 10, 1987.
10/22/87
41.
APPROVE GRANT CREDIT FOR USER FEES TO
R 87-944
110-115
_
BE PAID BY TROPICAL CLEAR BLUE LAUNDRY
10/22/87
SERVICES, INC. FOR USE OF LAUNDROMAT
SPACE IN THE OVERTOWN SHOPPING CENTER,
AND DESIGNATE CITY'S LIAISON TO MONITOR
THOSE CHANGES NEEDED FOR SAID FACILITY.
42.
APPROVE IN PRINCIPLE $25,000 GRANT
M 87-945
115-119
REQUEST BY REPRESENTATIVES OF THE NEW
10/22/87
WORLD SYMPHONY FOR THE ORCHESTRA'S 1986
INAUGURAL SEASON, AND IDENTIFYING
FUNDING SOURCE FOR SAID GRANT.
43.
ALLOCATE AN AMOUNT UP TO $3,500 TO
R 87-946
119-120
COV$R RENTAL FEE FOR USE OF BOBBY
10/22/87
MADURO STADIUM FOR THE NICARAGUAN
BASEBALL SERIES. (See label #45)
b4. A. ALLOCATE AN AMOUNT UP TO $25,000 TO R-87-947 120-126 -
ST. JOHNS COMMUNITY DEVELOPMENT 10/22/87
CORPORATION, INC., TO HIRE A CONSULTANT
TO PREPARE FEASIBILITY STUDY RELATING
TO BEST MIXED USE DEVELOPMENT ON THE
SITES ADJOINING THE OVERTOWN METRORAIL
AND CULMER METRORAIL STATIONS.
44. B. ALLOCATE UP TO $25,000, TO NEW R 87-947.1 120-126
WASHINGTON HEIGHTS COMMUNITY 10/22/87
DEVELOPMENT CORPORATION, INC. TO ASSIST
SAID AGENCY IN PROVIDING ECONOMIC
DEVELOPMENT SERVICES TO OVERTOWN TARGET
AREA.
45. FURTHER DISCUSSION OF ALLOCATION OF AN DISCUSSION 126-129
AMOUNT UP TO $3,500 TO COVER RENTAL FEE 10/22/87
OF BOBBY MADURO STADIUM FOR NICARAGUAN
BASEBALL SERIES. (See Label #43)
46. ALLOCATE UP TO $50,000 TO DOWNTOWN R 87-948 130-132
BUSINESS ASSOCIATION, AND ALSO GRANT A 10/22/87
FEE WAIVER FOR "LIGHT UP MIAMI" EVENT;
ALLOCATE PERMIT TO SELL BEER AND WINE
FOR SAID EVENT.
47. GRANT REQUEST TO CITY OF SWEETWATER FOR M 87-949
EIGHT USED POLICE VEHICLES AND FIVE 10/22/87
USED POLICE MOTORCYCLES.
48. ALLOCATE UP TO $7,500, TO THE MIAMI R 87-950
RIVER COORDINATING COMMITTEE TO COVER 10/22/87
FEES ASSOCIATED WITH ITS MIAMI
RIVERFEST EVENT IN BRICKELL PARK, AND
IN JOSE MARTI PARK AND CURTIS PARKS ON
DATES TO BE DETERMINED.
49. ACCEPT IN PRINCIPLE A PROPOSAL BY M 87-952
INTERNATIONAL HUMAN ASSISTANCE PROGRAM, 10/22/87
TO BUILD AFFORDABLE DEMONSTRATION
HOUSES AT VARIOUS PARK SITES IN MIAMI,
AND FURTHER REQUESTING THE CITY TO
PROVIDE FOR PLACEMENT OF UTILITIES AND
SITE PREPARATION FOR SAID HOUSES.
50. ALLOCATE UP TO $1,400 TO R 87-953
REPRESENTATIVES OF FRATERNIDAD ACCION 10/22/87
PUERTORRIQUENA, TO COVER CITY FEES AND
EXPENSES FOR USE OF BICENTENNIAL PARK
AND CONCESSION PERMITS FOR "FIESTA
PATRONALES PUERTORRIQUENA"
51. WAIVE COMPLIMENTARY TICKET LIMITATION R 87-954
AS MANDATED IN SECTION 53-141 OF THE 10/22/87
CITY CODE, TO ALLOW FOR THEIR DONATION
TO JUST SAY NO TO DRUGS, INC., FOR
DISTRIBUTION TO LOCAL STUDENTS.
52. ALLOCATE AN AMOUNT UP TO $30,000 TO M 87-955
COVER ONE-HALF OF CITY RENT FOR ANTIQUE 10/22/87
AND JEWELRY SHOWS PRESENTED BY COCONUT
GROVE CARES, INC.
53. DISCUSSION AND APPROVAL OF REQUEST THAT DISCUSSION
A PLAQUE BE GIVEN TO EACH MEMBER OF THE 10/22/87
PLANNING ADVISORY BOARD UPON COMPLETION
OF THEIR TERM OF OFFICE.
54. ALLOCATE AN AMOUNT UP TO $4,000 TO R 87-956
AEROMEXICO TO COVER CITY FEES AND 10/22/87
EXPENSES FOR A "MEXICAN CHRISTMAS IN
THE GROVE".
133-134
134-138
138-139
139-141
141-144
145-146
146-147
147-148
55.
ALLOCATE FUNDS FOR INTERNATIONAL
R 87-957
DISCOVERY DAY BICYCLE TOUR, WITH THE
10/22/87
STIPULATION THAT SOCIEDAD DEPORTIVA
(ZAS) SHALL PAY FOR CITY SERVICES AT
NEXT YEARS EVENT.
56.
REFER BACK TO CITY MANAGER ALLEGATIONS
M 87-958
CONCERNING BUILDING AND ZONING
10/22/87
VIOLATIONS AND THE CITY ALLEGED
NONCOMPLIANCE WITH FLORIDA STATUTES
RELATING TO PUBLIC RECORDS.
57.
ALLOCATE AN AMOUNT UP TO $4,500 FOR
R 87-959
GREEK LADIES PHILOPTTOCHA'S SOCIETY OF
10/22/87
SAINT SOPHIA GREEK ORTHODOX CATHEDRAL.
58.
DIRECTIVE TO CITY ADMINISTRATION THAT
DISCUSSION
FUTURE AGENDAS SHOULD STATE CITY
10/22/87
MANAGER'S RECOMMENDATION ON PERSONAL
APPEARANCES.
59.
ACCEPT IN PRINCIPLE PROPOSED MINI-
M 87-960
POLICE STATION FACILITY AT BISCAYNE
10/22/87
BLVD. AND NE 27TH ST.
60.
INSTRUCT CITY ATTORNEY TO OBTAIN LEGAL
R 87-961
SERVICES OF PETER HURTGEN, ESQ., AS
10/22/87
SPECIAL COUNSEL, FOR LAWSUIT FILED BY
JOHN DEES AGAINST CITY OF MIAMI AND
AUTHORIZE EXPENDITURES NECESSARY FOR
DEFENSE OF SAID LAWSUIT.
61.
APPROVE GRANT UP TO $25,000 TO HOME AND
R 87-962
HOUSING OF DADE COUNTY, INC. FOR
10/22/87
FUNDING TO ASSIST THE NOT -FOR -PROFIT
COMMUNITY DEVELOPMENT CORPORATION IN
MARKETING AN AFFORDABLE TOWNHOME
PROJECT FOR LOW AND MODERATE INCOME
FAMILIES IN OVERTOWN.
62.
ALLOCATE UP TO $2,500 TO COVER FEES AND
R 87-963
EXPENSES FOR THE THIRD ANNUAL COCONUT
10/22/87
GROVE WAITERS RACE.
63.
RATIFY ACTIONS OF COMMITTEE ON MEDIA
M 87-964
ACCESS TO RADIO FREQUENCY, REFER
10/22/87
FINDINGS TO CITY MANAGER AND INSTRUCT
CITY MANAGER TO HAVE CERTIFICATES OF
APPRECIATION PREPARED FOR SAID
COMMITTEE MEMBERS.
64.
DISCUSSION AND REFERRAL TO NEXT MEETING
DISCUSSION
CONSIDERATION OF OVERDUE BILLS FROM THE
10/22/87
BLACK MAYOR'S CONFERENCE.
65.
EXECUTE AGREEMENT WITH MIAMI CAPITAL
R 87-965
DEVELOPMENT, INC. TO LOAN UP TO $35,000
10/22/87
IN SUPPORT OF A HYDROFOIL WATERBUS
PROGRAM.
148-151
151-152
153-156
157
159-161
162-163
163-165
165-169
169-172
172-173
173-177
0
w
66. A. APPOINT INDIVIDUALS TO CITYWIDE
M 87-966
COMMUNITY DEVELOPMENT ADVISORY BOARD:
M 87-967
LUIS SABINES, MARIA ELENA TORANO,
M 87-968
HERIBERTO FONSECA, AND WILLIE CALHOUN.
M 87-969
B. EXPAND MEMBERSHIP OF CITYWIDE
10/22/87
COMMUNITY DEVELOPMENT ADVISORY BOARD TO
18 MEMBERS.
C. APPOINT JERRY PARK TO CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD.
D. APPOINT PROSPERO HERRERA TO
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD.
67. ACCEPT FRIENDSHIP AGREEMENT BETWEEN THE
M 87-970
CITIES OF LISBON, PORTUGAL AND MIAMI,
10/22/87
FLORIDA.
68. DISCUSSION OF IMPROVEMENTS TO ALICE
DISCUSSION
WAINWRIGHT PARK.
10/22/87
69. RESCHEDULE SECOND REGULAR CITY R 87-971
COMMISSION MEETING IN NOVEMBER (TO 10/22/87
NOVEMBER 12, 1987) AND SECOND REGULAR
CITY COMMISSION MEETING IN DECEMBER (TO
DECEMBER 11, 1987).
70. APPROVE CENTRUST SAVINGS BANK'S MOTION M 87-972
TO STAY ENFORCEMENT PROCEEDINGS UNTIL 10/22/87
FINAL RESOLUTION OF APPEAL WHICH IS
PENDING IN THE JUDICIAL SYSTEM.
71. DISCUSSION OF PROPERTY APPRAISALS FOR DISCUSSION
GOLDEN ARMS APARTMENTS SITE AND 10/22/87
RESCHEDULE TO FIRST REGULAR COMMISSION
MEETING IN NOVEMBER.
72. (A)CONTINUE CONSIDERATION OF PROPOSED M 87-973
AMENDMENT TO COMPREHENSIVE NEIGHBORHOOD 10/22/87
PLAN FOR PROPERTY LOCATED AT 2951-2999
SW 22 TERRACE TO COMMERCIAL
RESIDENTIAL, TO THE SECOND REGULAR
MEETING OF NOVEMBER. (B)CONTINUE
CONSIDERATION OF PROPOSED AMENDMENT TO
COMPREHENSIVE NEIGHBORHOOD PLAN FOR
PROPERTY LOCATED AT APPROXIMATELY 2951-
2999 SW 22 TERR TO CR-2/7, TO THE
SECOND REGULAR MEETING OF NOVEMBER.
73. REQUIRE OWNERS OF MINORITY AND WOMEN ORDINANCE
BUSINESS ENTERPRISES SUBMITTING BIDS 10332
FOR CONSTRUCTION CONTRACTS TO BE 10/22/87
CERTIFIED IN FIELD FOR WHICH CONTRACT
IS TO BE LET.
74. DISCUSSION OF EXISTING VENDOR ORDINANCE DISCUSSION
BY REPRESENTATIVES OF COCONUT GROVE 10/22/87
CHAMBER OF COMMERCE.
15. REVERSE HERITAGE CONSERVATION BOARD'S R 87-974
DENIAL OF APPLICATION FOR CERTIFICATE 10/22/87
OF APPROPRIATENESS TO APPROVE EXTERIOR
PAINT COLORS FOR FREEDOM TOWER, LOCATED
AT 600 BISCAYNE BLVD.
76. AMEND COMPREHENSIVE NEIGHBORHOOD PLAN ORDINANCE
BY CHANGING DESIGNATION OF SUBJECT 10333
PROPERTY LOCATED AT 741-899 NW 37 10/22/87
AVENUE AND 3663-3671 NW 7 ST. TO
COMMERCIAL RESIDENTIAL.
177-181
182-183
183-185
185-186
186-191
192-199
199-201
201-203
203-211
211-214
214-215
1,
o' 6
77. ZONING ATLAS AMENDMENT OF SUBJECT ORDINANCE 215-216
PROPERTY LOCATED AT 815 NW 37 AVE., 10334
FROM RG-2/5 TO CR-2/7. 10/22/87
78. AMEND COMPREHENSIVE 'NEIGHBORHOOD PLAN ORDINANCE 216-217
BY CHANGING DESIGNATION OF SUBJECT 10335
PROPERTY LOCATED AT APPROXIMATELY 1720- 10/22/87
1770 NW 34 ST AND 1721-1757 NW 33 ST.,
TO HIGH DENSITY RESIDENTIAL.
79. ZONING ATLAS AMENDMENT OF SUBJECT ORDINANCE 217-218
PROPERTY LOCATED AT APPROXIMATELY 1720- 10336
1770 NW 34 ST AND 1721-1757 NW 33 ST., 10/22/87
TO RG-3/6.
80. CONTINUE APPEAL BY ALLAPATTAH BAPTIST M 87-976 218-235
CHURCH, TO REVIEW PERMIT OF ONE ADULT 10/22/87
CONGREGATE LIVING FACILITY, AT
APPROXIMATELY 1700-1770 NW 34 ST.,
1701-1751 NW 33 ST. AND 3300-3380 NW 17 _
AVE. TO NOVEMBER 12TH.
81. AMEND COMPREHENSIVE NEIGHBORHOOD PLAN ORDINANCE 225-227
BY CHANGING DESIGNATION OF SUBJECT 10337
PROPERTY LOCATED AT APPROXIMATELY 150 10/22/87
NW 35 ST., TO GENERAL COMMERCIAL.
82. ZONING ATLAS AMENDMENT OF SUBJECT ORDINANCE 227-228
PROPERTY LOCATED AT APPROXIMATELY 1500 10338
NW 35 STREET, FROM CR-3/7 TO CG-1/7. 10/22/87
83. AMEND COMPREHENSIVE NEIGHBORHOOD PLAN ORDINANCE 228-241
AT APPROXIMATELY 2575 SE 27 AVENUE FROM FIRST READING
LOW DENSITY RESIDENTIAL TO COMMERCIAL 10/22/87
RESIDENTIAL.
84. CHANGE ZONING AT APPROXIMATELY 2575 SE ORDINANCE 241-242
27 AVENUE FROM RS-2/2 TO CR-2/7. FIRST READING
10/22/87
85. AMEND COMPRERHENSIVE NEIGHBORHOOD PLAN ORDINANCE 242
BY CHANGING DESIGNATION OF SUBJECT FIRST READING
PROPERTY LOCATED AT APPROXIMATELY 1025 10/22/87
NW 19TH AVE. FROM LOW DENSITY
RESIDENTIAL TO MODERATE -HIGH DENSITY
RESIDENTIAL.
86. ZONING ATLAS AMENDMENT OF SUBJECT ORDINANCE 243
PROPERTY LOCATED AT APPROXIMATELY 1025 FIRST READING
NW 19 AVE., FROM RS-2/2 TO RG-1/3. 10/22/87
87 RECONSIDER, CLARIFY AND CONFORM PRIOR M 87-977 244
VOTE ON ORDINANCE IN CONNECTION WITH 10/22/87
ITEM PZ-11, TO REFLECT CHANGE TO
MODERATE DENSITY RESIDENTIAL.
Be. (A)CONTINUE ITEM PZ-13 TO THE MEETING M 87-978 244-253
OF NOVEMBER 12, 1987, AS FIRST ITEM ON M 87-979
THE PLANNING AND ZONING AGENDA. (B) 10/22/87
CONTINUE ITEM PZ-14 (PROPOSED ZONING
CHANGES AT 2600 N.W. 14 STREET) TO THE
MEETING OF NOVEMBER 12, 1987.
89. CONTINUE PROPOSED AMENDMENT DISCUSSION 253-264
COMPREHENSIVE NEIGHBORHOOD PLAN AT 10/22/87
APPROXIMATELY 220-50 HE 43 ST AND 4201
NE 2 AVE. FROM SCHOOL, CHURCHES,
CULTURAL TO SPECIAL USE.
90. EXTEND MORATORIUM ON IMPACT FEES FOR
M 87-980 264-269
THREE ADDITIONAL MONTHS, AND BAN
ORDINANCE
COLLECTION OF SAID FEES DURING THIS
10339
TIME.
10/22/87
91. EXECUTE AN AGREEMENT WITH NORA SWAN IN
R 87-981 270
THE AMOUNT OF $11,500 FOR PROFESSIONAL
10/22/87
SERVICES RELATING TO IMPROVING THE
FILM, TELEVISION AND THEATRE INDUSTRIES
IN MIAMI.
92. CONTINUE ALL PLANNING AND ZONING ITEMS
M 87-982 270-271
TO MEETING OF 14OVEMBER 12, 1987.
10/22/87
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of October, 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 9:02 o'clock a.m. by Mayor Xavier
Suarez with the following members of the Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr. _
Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
ALSO PRESENT:
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice -Mayor Plummer who
then led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: Upon the recommendation of Vice -Mayor Plummer, Mayor
Suarez ordered the palm trees in the Commission Chambers be trimmed to allow
proper display of the American flag.
1. PRESENTATION, PROCLAMATIONS, SPECIAL ITEMS
1. Proclamation: Vera E. Gilford Day (Thursday, October 22, 1987). For her
commendable accomplishment in paying off her $44,000 Bayside Minority
Financing Program Loan to Miami Capital Development, Inc.
2. Certificates of Appreciation: Presented to Yolando Montesino and Julio
Ferreiro Mora for their important contribution to the community.
3. Presentation: A check in the amount of $300,000 was presented by State
Representative Michael Friedman on behalf of the State of Florida for
historical preservation of the Artime Center.
4. Certificates of Commendation: Presented to thirty-one members of the
City of Miami Police, Fire, GSA, Parks, Off -Street Parking, DDA, Public
Works, and Solid Waste Departments and Metro -Dade County for their
contributions to the success of the Pope's visit to Miami. (Commissioner
Dawkins requested administration to explain criteria used for selection
of their commendation).
5. Plaques: Presented to Major Dean DeJong, Lt. William O'Brien, Chuck
Pezoldt and Bobby Maduro for their outstanding contributions to the
success of the Pope's visit to Miami.
6. Proclamation: Proclaimed retroactively October 10-12, 1987, as "West
Indian Caribbean Weekend".
NOTE FOR THE RECORD: Mr. Bill Wynn requested to be heard regarding the
emergency loan program approved at the last Commission Meeting.
1 October 22, 1987
NOTE FOR THE RECORD: The Minutes of the City of Miami Commission
Meeting of September 8, 1987, and the Planning and Zoning Meeting of
September 22, 1987, were approved by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
2. CONDOLENCE TO CITY CLERK MATTY HIRAI UPON THE PASSING OF HER FATHER;
FURTHER WISHING HER A SPEEDY RECOVERY FROM THE GERMAN MEASLES.
Mr. Plummer: Mr. Mayor, it would be appropriate at this time that this
Commission go on record by resolution extending our condolences to our Clerk,
Matty Hirai, who's father passed away recently and expressing the condolences
of not only this Commission but the entire City and I so move.
Mrs. Kennedy: 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. 87-864
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY
OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF
NICOLAS BLANCO UPON HIS DEATH.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Plummer: As a "B" portion, when trouble comes, she now is saddled with
the German measles and so we also send a get well hurry for that also.
2
October 22, 1987
3. ALLOCATE UP TO $7,500 TO REPRESENTATIVES OF THE "INDEPENDENCE DAY
FESTIVAL" OF COSTA RICA, EL SALVADOR, GUATAMALA, HONDURAS AND NICARAGUA
TO COVER RENTAL AND CONCESSIONS FEES FOR USE OF ORANGE BOWL STADIUM.
Mr. Plummer: Mr. Mayor, are you going to take up any emergency matters? I
have one brief.
Mayor Suarez: Proceed, Mr. Vice -Mayor.
Mr. Plummer: Mr. Mayor, on September the 20th there was a festival held in
the Orange Bowl. It was probably one of the first and foremost of the multi
ethnic of many, many countries for the celebration. Unfortunately, like we've
been experiencing in the last couple of months, it was a flood that day. They
have been saddled with tremendous loss and have asked for some relief. I have
said to them that the only thing that I felt that this Commission would be in
a position to do, Mr. Manager, is in the area of the rental fee and the
concession fee which total about $7,500. The rest must be paid of the
insurance, the fire, the police and the Orange Bowl employees. If it is in
keeping with my colleagues, I would like to offer a motion at this time that
the September 20, 1987 festival of the Orange Bowl rental fee and the
concessions be waived. I so move.
Mayor Suarez: So moved. What was the festival?
Mr. Plummer: That was the Independence Day Festival of Costa Rica, El
Salvador, Guatemala, Honduras and Nicaragua.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-865
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $7,500 TO REPRESENTATIVES
OF "THE INDEPENDENCE DAY FESTIVAL OF COSTA RICA, EL
SALVADOR, GUATEMALA, HONDURAS AND NICARAGUA- TO COVER THE
RENTAL AND CONCESSION FEES OF THE ORANGE BOWL ON SEPTEMBER
20, 1987.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Plummer: That's all I have, Mr. Mayor, thank you.
3 October 22, 1987
a
4. REQUEST BY COMMISSIONER DAWKINS FOR A LEGAL OPINION ON NEPOTISM, AND
WHETHER THE PROPOSED PROMOTION OF HIS NEPHEW, CHARLES DAWKINS, WITH THE
CITY'S WORK FORCE, PRESENTS ANY POTENTIAL LEGAL ISSUES.
Mr. Dawkins: Mr. Mayor I have a personal item.
Mayor Suarez: Commissioner.
Mr. Dawkins: Madam City Attorney, I have a nephew, Charles Dawkins who is
employed by the City of Miami. He was employed with the City of Miami, I
don't know when but his wife worked for the City of Miami prior to her
marriage to my nephew and my nephew now is about to be promoted within the
City of Miami. I'll be asking you for an opinion. Is this nepotism in any
way although the gentleman does not report to me, I have nothing to do with
his working, but I do not intend to stand by and see him penalized because his
uncle happens to be the Commissioner and his work warrants a promotion. So
I'll be getting a memorandum to you asking you to give me an opinion if it's
nepotism and I'm coming to you before the Miami Herald and the other
newspapers come wanting to know what is my nephew doing being promoted?
Mr. Plummer: Well, if he worked here before you then we'd better find out if
he's in nepotism letting you be a Commissioner.
Mayor Suarez: The democratic process can never be deemed nepotism.
5. CONSENT AGENDA
Mayor Suarez: Items 1 through 63 comprise the consent agenda. Does anyone
wish to be heard on any one of the item. Let me see if the Commissioners want
to pull some items first.
Mrs. Kennedy: Yes, I'm going to pull number 15 for obvious reasons because of
the memorandum that we just got.
Mr. Plummer: One, five.
Mr. Dawkins: We were trying to discuss here that since we have such a long
agenda, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Dawkins: That the items that if any individual wanted to pull an item,
this was J.L.'s suggestion and I'm going along with it if we can get another
vote, that we defer those items until the next meeting rather than prolonging
the meeting. I don't know if Commissioner Kennedy will go along with that or
not, I don't know.
Mrs. Kennedy: That's fine with me.
Mr. Odio (Off mike): Excuse me, fifty is...
Mrs. Kennedy: Fifteen.
Mr. Plummer: One, five, quince, quince.
Mayor Suarez: Fifteen is the item that's been pulled so far.
Mr. Dawkins: And it's on everybody's hit list.
Mayor Suarez:
Mr. Dawkins:
OK, Commissioner Dawkins.
Everybody up here has got it.
is
October 22, 1987
Mayor Suarez: Any other items?
Mrs. Kennedy: And I have another one, 37.
Mayor Suarez: All right, fifteen and 37, Commissioner Kennedy. Anyone else?
Mr. Dawkins: I got 15, 25, and 35.
Mayor Suarez: Twenty-five and 35, Commissioner Dawkins.
Mr. Plummer: Mr. Mayor, with those exceptions of those that have been pulled
out by Commissioners...
INAUDIBLE COMMENTS.
Mr. Plummer: You want to pull one? It's going to be automatically deferred
till the next meeting, you understand that.
Ms. Lori Weldon: No problem, 33.
Mr. Plummer: Thirty-three?
Mr. Dawkins: Thirty-three.
Mrs. Dougherty: We have to change Miami Capital.
Mr. Odio: Excuse me, Commissioner the... could we make an exception of
Misener Marine, we need to award the bid on this marina, Dinner Key marina.
Mr. Dawkins: OK, 33 is...
Mr. Plummer: Did you hear that?
Mrs. Kennedy: Cesar, can it wait two weeks?
Mr. Dawkins: I pull 15, all right now you're talking about the marina, I'll
tell you why I pulled it. You're spending $7,000,000 and not a minority has a
contract and when I called in Mr. Cather and asked him why is it you put out
$7,000,000 worth of work and not a minority contractor on it. He told me we
did not require that the contractor have any minorities. You have an
ordinance that requires that 17 percent go to women, 17 percent to black, and
17 percent to Latins. So now what does he mean, we don't require it? So pull
it, I don't want to discuss it and if necessary, we put it back out for bid.
Mr. Plummer: That's what I copied down.
Mrs. Dougherty: This resolution's OK? All right.
Mr. Plummer: Mr. Mayor, barring those items that have been requested to be
pulled, I move the approval of the Consent Agenda.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded and modifications contained in the memo of
today's date regarding items 46, 51, 56, and 62, does anyone wish to be heard
on any of those items with the exceptions of the ones pulled which, up to now,
I think are 15, 25, 33, 35, and 37. Lori, you went away? OK.
Mr. Plummer: Mr. Mayor, my motion also contains that those items pulled be
moved to the next meeting.
Mayor Suarez: And in the same motion that the items in question, those being
15, 25, 33, 35, and 37 be continued until the next regular meeting. Does
anyone wish to be heard on that motion or any of those items? Let the record
reflect that no one has stepped forward. We have a motion and a second. Any
discussion? Call the roll.
THEREUPON, THE CITY COMMISSION ON MOTION DULY MADE BY COMMISSIONER
PLUMMER AND SECONDED BY COMMISSIONER KENNEDY, ADOPTED THE HEREINBELOW
RESOLUTIONS BY THE FOLLOWING VOTE:
5
October 22, 1987
0 #
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
NOTE FOR THE RECORD: Those items which were pulled out of the Consent
Agenda, namely items 15, 37, 25, 35, and 33, were not taken up at the
meeting of October 22, 1987, but were continued to the meeting of
November 12, 1987.
5.1 ACCEPT BID OF CORAL GABLES GLASS & MIRROR CORP. FOR FURNISHING AND
INSTALLING FIFTEEN ALUMINUM WINDOWS AT THE ORANGE BOWL PRESS BOX AT A
COST OF $4,750.05
RESOLUTION NO. 87-866
A RESOLUTION ACCEPTING THE BID OF CORAL GABLES GLASS
& MIRROR CORP. FOR FURNISHING AND INSTALLATION OF
FIFTEEN (15) ALUMINUM WINDOWS AT THE ORANGE BOWL
PRESS BOX FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AT A TOTAL PROPOSED COST OF
$4,750.05; ALLOCATING FUNDS THEREFOR FROM THE 1987-
88 OPERATING BUDGET ACCOUNT CODE #420401-670;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT, 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 ALL PHASE ELECTRIC SUPPLY FOR FURNISHING ELECTRICAL
SUPPLIES TO GSA AT A COST OF $6,344.00
RESOLUTION NO. 87-867
A RESOLUTION ACCEPTING THE BID OF ALL PHASE ELECTRIC
SUPPLY FOR FURNISHING ELECTRICAL SUPPLIES TO THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A
TOTAL PROPOSED COST OF $6,344.00 ALLOCATING FUNDS
THEREFOR FROM THE 1987-88 OPERATING BUDGET ACCOUNT
CODE #420401-707; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS MATERIAL, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6 October 22, 1987
5.3 ACCEPT BID OF TOM'S WELDING SERVICE TWS FABRICATORS FOR FURNISHING FIVE
ONE YARD NON -ROTATING TRASH BUCKETS TO GSA AT A COST OF $34,150.00
RESOLUTION NO. 87-868
A RESOLUTION ACCEPTING THE BID OF TOM'S WELDING
SERVICE TWS FABRICATORS FOR FURNISHING FIVE (5) ONE
YARD NON -ROTATING TRASH BUCKETS FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION AT A TOTAL
PROPOSED COST OF $34,750.00; ALLOCATING FUNDS
THEREFOR FROM THE HEAVY EQUIPMENT MAINTENANCE
SECTION OF THE FLEET MANAGEMENT DIVISION 1987-88
OPERATING BUDGET OF THE GENERAL SERVICES
ADMINISTRATION DEPARTMENT ACCOUNT CODE #420201-850-
502002; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.4 ACCEPT BID OF FLORIDA COOL SERVICE, INC. FOR AIR CONDITIONING
MAINTENANCE FOR COMPUTER DEPARTMENT BUILDING AT A TOTAL FIRST YEAR COST
OF $6,759.96
RESOLUTION NO. 87-869
A RESOLUTION ACCEPTING THE BID OF FLORIDA COOL
SERVICE, INC. FOR FURNISHING AIR CONDITIONING
MAINTENANCE FOR THE COMPUTERS DEPARTMENT BUILDING ON
A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY
TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
AT A TOTAL PROPOSED FIRST YEAR COST OF $6,759.96,
ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING
BUDGET ACCOUNT CODE #420401-670; 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.)
5.5 ACCEPT BID OF CASEY'S TOWER SERVICE, INC. FOR RELOCATING RADIO TOWER
FROM 1080 N.W. 20TH STREET TO FIRE STATION 11, 5920 W. FLAGLER STREET
RESOLUTION NO. 87-870
A RESOLUTION ACCEPTING THE BID OF CASEY'S TOWER
SERVICE, INC. FOR REMOVING, TRANSPORTATION AND
REASSEMBLING OF RADIO TOWER FROM CITY PROPERTY AT
1080 N.W. 20TH STREET AND TRANSPORT AND REASSEMBLE
IT AT FIRE STATION 11, 5920 W. FLAGLER STREET, TO
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT
A TOTAL PROPOSED COST OF $8,400.00 , ALLOCATING
FUNDS THEREFOR FROM THE 1987-88 COMMUNICATION
SERVICES DIVISION FUNDS ACCOUNT CODE #429401-PROJECT
CODE 314021; 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.)
7 October 22, 1987
5.6 ACCEPT BID OF VISTA BUILDING MAINTENANCE SERVICES, INC. FOR JANITORIAL
SERVICES AT COMPUTERS DEPARTMENT BUILDING AT A COST OF $9,782.04 FOR ONE
YEAR
RESOLUTION NO. 87-871
A RESOLUTION ACCEPTING THE BID OF VISTA BUILDING
MAINTENANCE SERVICES, INC. FOR FURNISHING JANITORIAL
SERVICES AT THE COMPUTERS DEPARTMENT BUILDING ON A
CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY
TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
AT A TOTAL PROPOSED FIRST YEAR COST OF $9,782.04,
ALLOCATING FUNDS THEREFOR FROM THE 1987-88 PROPERTY
MAINTENANCE DIVISION FUNDS, REPAIR AND MAINTENANCE
SERVICES OUTSIDE #421001-340; 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.)
5.7 ACCEPT BID OF C & C MAINTENANCE FOR JANITORIAL SERVICES AT MANUAL ARTIME
COMMUNITY CENTER AT A TOTAL FIRST YEAR COST OF $22,667.88
RESOLUTION NO. 87-872
A RESOLUTION ACCEPTING THE BID OF C & C MAINTENANCE
FOR FURNISHING JANITORIAL SERVICES AT THE MANUEL
ARTIME COMMUNITY CENTER ON A CONTRACT BASIS FOR ONE
(1) YEAR RENEWABLE ANNUALLY TO THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED
FIRST YEAR COST OF $22,667.88 ALLOCATING FUNDS
THEREFOR FROM THE 1987-88 PROPERTY MAINTENANCE
DIVISION FUNDS, REPAIR AND MAINTENANCE SERVICES
OUTSIDE #421001-340; 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.)
5.8 ACCEPT BID OF BEAR AUTOMOTIVE SERVICE EQUIPMENT COMPANY FOR ALIGNMENT
SYSTEM FOR GSA AT A COST OF $19,856.20
RESOLUTION NO. 87-873
A RESOLUTION ACCEPTING THE BID OF BEAR AUTOMOTIVE
SERVICE EQUIPMENT COMPANY FOR FURNISHING ONE (1)
ALIGNMENT SYSTEM FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF
$19,856.20 ALLOCATING FUNDS THEREFOR FROM THE 1987-
88 OPERATING BUDGET FLEET MANAGEMENT DIVISION
ACCOUNT CODE #420301-850; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR T1HIS EQUIPMENT, SUBJECT
TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8 October 22, 1987
0
5.9 ACCEPT BIDS OF MIDWEST COMMUNICATIONS CORPORATION, GRAY COMMUNICATIONS,
AND FLORIDA VIDEO SYSTEMS TO FURNISH AUDIO VISUAL EQUIPMENT TO THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES
RESOLUTION NO. 87-874
A RESOLUTION ACCEPTING THE BIDS OF MIDWEST
COMMUNICATIONS CORPORATION IN THE AMOUNT OF
$6,557.50, GRAY COMMUNICATIONS IN THE AMOUNT OF
$1,305.00 AND FLORIDA VIDEO SYSTEMS IN THE AMOUNT OF
$6,285.00 FOR FURNISHING AUDIO VISUAL EQUIPMENT TO
THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES AT A TOTAL PROPOSED AMOUNT OF $14,147.50,
ALLOCATING FUNDS THEREFOR FROM THE 1981 FIRE BOND
ACCOUNT CODE 0313016-289402-840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.10 AUTHORIZE PURCHASE OF ONE TORO MOWER FROM ZAUN EQUIPMENT AT A TOTAL COST
OF $5,925.00
RESOLUTION NO. 87-875
A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1)
TORO MOWER FROM ZAUN EQUIPMENT UNDER AN EXISTING
STATE OF FLORIDA CONTRACT #515-630-87-1 FOR THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES AT A TOTAL PROPOSED COST OF $5,925.00,
ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING
BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.11 ACCEPT BIDS OF ACE LAWNMOWER SERVICES, HECTOR TURF, INC., MAC'S LAWN AND
TURF, AND DEBRA TURF & INDUSTRIAL EQUIPMENT FOR FURNISHING CHAIN SAWS,
.� LINE TRIMMERS AND MOWERS FOR THE DEPARTMENT OF PARKS, RECREATION AND
PUBLIC FACILITIES
RESOLUTION NO. 87-876
A RESOLUTION ACCEPTING THE BIDS OF ACE LAWNMOWER
SERVICES IN THE PROPOSED AMOUNT OF $3,164.00, HECTOR
TURF, INC. IN THE PROPOSED AMOUNT OF $39,670.00,
MAC'S LAWN -AND TURF IN THE PROPOSED AMOUNT OF
$2,704.00 AND DEBRA TURF & INDUSTRIAL EQUIPMENT IN
THE PROPOSED AMOUNT OF $1,124.00 FOR FURNISHING
CHAIN SAWS, LINE TRIMMERS AND ASSORTED MOWERS FOR
THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES AT A TOTAL PROPOSED COST OF $46,662.00;
ALLOCATING FUNDS THEREFOR FROM THE 1987-88 GOLF
COURSE ENTERPRISE FUND ACCOUNT CODES #580202-850
(50%) AND #580203-850 (50%); AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT, SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9
October 22, 1987
14`l
5.12 ACCEPT BID OF OAKS WHOLESALE DISTRIBUTORS FOR FURNISHING 9MM PARABELLUM
AMMUNITION TO THE DEPARTMENT OF POLICE AT A TOTAL FIRST YEAR COST OF
$48,800.00
RESOLUTION NO. 87-877
A RESOLUTION ACCEPTING THE BID OF OAKS WHOLESALE
DISTRIBUTORS FOR FURNISHING 9MM PARABELLUM
AMMUNITION ON A CONTRACT BASIS FOR ONE (1) YEAR
RENEWABLE ANNUALLY TO THE DEPARTMENT OF POLICE AT A
TOTAL PROPOSED FIRST YEAR COST OF $48,800.00,
ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING
BUDGET ACCOUNT CODE #290201-703; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THESE
MATERIALS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.13 ACCEPT BASE BID OF ROBINSON CONSTRUCTION, INC. (A BLACK CONTRACTOR) IN
THE AMOUNT OF $348,100 FOR PROTOTYPICAL HOUSING - CITY OF MIAMI - CARVER
BRANCH -YMCA DEMONSTRATION PROJECT
RESOLUTION NO. 87-878
A RESOLUTION ACCEPTING THE BID OF ROBINSON
CONSTRUCTION, INC. (A BLACK CONTRACTOR) IN THE
PROPOSED AMOUNT OF $348,100, BASE BID OF THE
PROPOSAL, FOR PROTOTYPICAL HOUSING - CITY OF MIAMI -
CARVER BRANCH -YMCA DEMONSTRATION PROJECT; WITH FUNDS
THEREFOR PREVIOUSLY ALLOCATED FROM "SCATTERED SITE
AFFORDABLE HOUSING DEVELOPMENT PROGRAM" ACCOUNT,
CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT
NO. 321034 TO COVER THE CONTRACT COST; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.14 ACCEPT BID OF SOLAR HEATING OF FLORIDA IN THE AMOUNT OF $31,782.00 FOR
FIRE TRAINING CENTER - REMEDIAL WORK
RESOLUTION NO. 87-879
A RESOLUTION ACCEPTING THE BID OF SOLAR HEATING OF
FLORIDA, INC. IN THE PROPOSED AMOUNT OF $31,782.00,
BASE BID PLUS ADDITIVE ITEMS A AND B OF THE
PROPOSAL, FOR FIRE TRAINING CENTER - REMEDIAL WORK
(SECOND BIDDING), WITH MONIES THEREFOR ALLOCATED
FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10187,
PROJECT NO. 313016, IN THE AMOUNT OF $31,782.00 TO
COVER THE CONTRACT COST; AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10
October 22, 1907
5.15 ACCEPT CONTRACT EXTENSIONS WITH H & C MAINTENANCE, ROBERT BROWN BUILDING
MAINTENANCE, AND INDUSTRIAL BUILDING MAINTENANCE FOR FURNISHING
CUSTODIAL SERVICES AT VARIOUS LOCATIONS AT A ONE YEAR TOTAL COST OF
$73,992.00
RESOLUTION NO. 87-880
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACTS WITH H & C MAINTENANCE AT A PROPOSED COST
OF $6,072.00, ROBERT BROWN BUILDING MAINTENANCE AT A
PROPOSED COST OF $7,200.00 AND INDUSTRIAL BUILDING
MAINTENANCE AT A PROPOSED COST OF $60,720.00 FOR
FURNISHING CUSTODIAL SERVICES AT VARIOUS LOCATIONS,
APPROVED ORIGINALLY ON RESOLUTION NO. 86-888, BID
NO. 85-86-107, TO THE GENERAL SERVICES
ADMINISTRATION DEPARTMENT FOR ONE (1) YEAR,
RENEWABLE ANNUALLY, AT A TOTAL PROPOSED COST OF
$73,992.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-
88 OPERATING BUDGET THEREFOR FROM THE 1987-88
OPERATING BUDGET ACCOUNT CODE 0421001-340;
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.)
5.16 ACCEPT CONTRACT EXTENSION WITH TEMPTROL AIR CONDITIONING, INC. FOR
FURNISHING AIR CONDITIONING MAINTENANCE SERVICES TO GSA AT A COST OF
$39,180.00.
RESOLUTION NO. 87-881
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT WITH TEMPTROL AIR CONDITIONING, INC. FOR
FURNISHING AIR CONDITIONING MAINTENANCE, APPROVED
ORIGINALLY ON RESOLUTION NO. 85-767, BID NO. 84-85-
61, TO THE GENERAL SERVICES ADMINISTRATION
DEPARTMENT FOR ONE (1) YEAR, RENEWABLE ANNUALLY, AT
A TOTAL PROPOSED COST OF $39,180.00; ALLOCATING
FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET
ACCOUNT CODE 0420401-670; 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.)
11 October 22, 1987
5.17 ACCEPT CONTRACT EXTENSION WITH PROPERTY MANAGEMENT AND MAINTENANCE, INC.
FOR CLEANING AND TRASH REMOVAL AT CITY OF MIAMI STADIUMS AT ONE YEAR
COST OF $85,451
RESOLUTION NO. 87-882
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT FOR CLEANING AND TRASH REMOVAL SERVICES
WITH PROPERTY MANAGEMENT MAINTENANCE, INC., APPROVED
ORIGINALLY ON RESOLUTION NO. 85-840, BID NO. 84-85-
14, TO PROVIDE CLEANING AND TRASH REMOVAL SERVICES
AT CITY OF MIAMI STADIUMS TO THE PARKS, RECREATION
AND PUBLIC FACILITIES DEPARTMENT FOR ONE (1) YEAR,
RENEWABLE ANNUALLY, AT A TOTAL PROPOSED COST OF
$85,451; ALLOCATING FUNDS THEREFOR FROM THE 1987-88
OPERATING BUDGETS ACCOUNT CODES #530103-340
($60,347) 530102-340 ($21,300) AND 530101-340
($3,804); AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS 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.)
5.18 ACCEPT EXTENSION OF CONTRACT WITH PROPERTY MANAGEMENT AND MAINTENANCE,
INC. FOR AFTER EVENTS CLEANING AND TRASH REMOVAL SERVICES AT CITY OF
MIAMI STADIUMS AT A ONE YEAR COST OF $46,690.00.
RESOLUTION NO. 87-883
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT FOR AFTER EVENTS CLEANING AND TRASH REMOVAL
SERVICES WITH PROPERTY MANAGEMENT AND MAINTENANCE,
INC., APPROVED ORIGINALLY ON RESOLUTION NO. 86-806,
BID NO. 85-86-117, AT CITY OF MIAMI STADIUMS TO THE
PARKS, RECREATION AND PUBLIC FACILITIES DEPARTMENT
FOR ONE (1) YEAR, RENEWABLE ANNUALLY, AT A TOTAL
PROPOSED COST OF $46,690.00; ALLOCATING FUNDS
THEREFOR FROM THE 1987-88 OPERATING BUDGET ACCOUNT
CODE #530103 ($40,783), 530102 ($5,298), AND 530101
($609); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
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.)
5.19 ACCEPT ONE YEAR CONTRACT EXTENSION WITH G.E. METCALF AND COMPANY FOR
FURNISHING 600 CU. YDS. OF RED CLAY TO THE PARKS, RECREATION AND PUBLIC
FACILITIES DEPARTMENT AT A COST OF $10,000.00.
RESOLUTION NO. 87-884
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT FOR FURNISHING APPROXIMATELY 600 CU. YDS.
OF RED CLAY WITH G.B. METCALF AND COMPANY, APPROVED
ORIGINALLY ON RESOLUTION N0. 86-688, BID. NO. 85-86-
94, TO THE PARKS, RECREATION AND PUBLIC FACILITIES
DEPARTMENT FOR ONE (1) ADDITIONAL YEAR AT A TOTAL
PROPOSED COST OF $10,000.00; ALLOCATING FUNDS
THEREFOR FROM THE 1987-88 PARKS, RECREATION AND
PUBLIC FACILITIES OPERATING BUDGET INDEX CODE NO.
580302-712; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS MATERIAL, SUBJECT TO THE AVAILABILITY
OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
12 October 22, 1987
c
0
5.20 ACCEPT ONE YEAR CONTRACT EXTENSION WITH J.W. MAINTENANCE FOR FURNISHING
GROUNDS MAINTENANCE AT CITY PARKS AND LOCATIONS AT A TOTAL COST OF
$94,392.00.
RESOLUTION NO. 87-885
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT WITH J.W. MAINTENANCE FOR FURNISHING
GROUNDS MAINTENANCE AT 40 CITY PARKS AND CITY
LOCATIONS, APPROVED ORIGINALLY ON RESOLUTION NO. 86-
693, BID. NO. 85-86-52, TO THE PARKS, RECREATION AND
PUBLIC FACILITIES DEPARTMENT FOR ONE (1) YEAR,
RENEWABLE ANNUALLY, AT A TOTAL PROPOSED COST OF
$94,392.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-
88 OPERATING BUDGET ACCOUNT CODE 0580302-340;
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.)
5.21 ACCEPT ONE YEAR CONTRACT EXTENSION WITH HELENA CHEMICAL COMPANY FOR WEED
KILLER AT A COST OF $31,080.00.
RESOLUTION NO. 87-886
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT FOR WEED KILLER WITH HELENA CHEMICAL
COMPANY, APPROVED ORIGINALLY ON RESOLUTION NO. 86-
441, BID NO. 85-86-31R, TO PROVIDE WEED KILLER TO
THE PARKS, RECREATION AND PUBLIC FACILITIES AND
PUBLIC WORKS DEPARTMENTS FOR ONE (1) YEAR, RENEWABLE
ANNUALLY, AT A TOTAL PROPOSED COST OF $31,080.00;
ALLOCATING FUNDS THEREFOR FROM THE 1987-88 PARKS,
RECREATION AND PUBLIC FACILITIES OPERATING BUDGET
INDEX CODES NO. 580201-712 ($16,000) AND 530103-712
03,200) AND PUBLIC WORKS 1987-88 OPERATING BUDGET
ACCOUNT CODE #310501-704 ($11,880); AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS PRODUCT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.22 ACCEPT ONE YEAR CONTRACT EXTENSION WITH BRUNING COMPANY FOR FURNISHING
BLUEPRINT REPRODUCTION PAPER SUPPLIES TO PUBLIC WORKS AT A COST OF
$$9,000.00.
RESOLUTION NO. 87-887
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT WITH BRUNING COMPANY FOR FURNISHING
BLUEPRINT REPRODUCTION PAPER SUPPLIES, APPROVED
ORIGINALLY ON RESOLUTION NO. 86-685, BID NO. 85-86-
113, TO THE PUBLIC WORKS DEPARTMENT FOR ONE (1)
YEAR, RENEWABLE ANNUALLY, AT A TOTAL PROPOSED COST
OF $9,000.00; ALLOCATING FUNDS THEREFOR FROM THE
1987-88 OPERATING BUDGET; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THESE SUPPLIES, SUBJECT
TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13 October 22, 1907
5.23 ACCEPT ONE YEAR CONTRACT EXTENSION WITH INFORMATION MANAGEMENT OF
FLORIDA/CANON FOR RENTAL OF THREE MICROFILM/MICROFICHE READER PRINTERS
TO THE POLICE DEPARTMENT AT A COST OF $13,740.00.
RESOLUTION NO. 87-888
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT FOR RENTAL OF THREE (3)
MICROFILM/MICROFICHE READER PRINTERS WITH
INFORMATION MANAGEMENT OF FLORIDA/CANON, APPROVED
ORIGINALLY ON RESOLUTION NO. 86-1029, BID NO. 86-87-
008, USED TO RETRIEVE COPIES OF POLICE REPORTS FOR
THE POLICE DEPARTMENT FOR ONE (1) YEAR, RENEWABLE
ANNUALLY, AT A TOTAL PROPOSED COST OF $13,740.00;
ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING
BUDGET INDEX CODE NO. 290201-610; 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.)
5.24 ACCEPT ONE YEAR CONTRACT EXTENSION WITH PHYSIO CONTROL CORPORATION FOR
MAINTENANCE SERVICES AND RELATED SUPPLIES FOR DEPARTMENT OF FIRE, RESCUE
AND INSPECTION AT A COST OF $27,120.00.
RESOLUTION NO. 87-889
A RESOLUTION ACCEPTING THE EXTENSION OF THE SOLE
SOURCE CONTRACT WITH THE PHYSIO CONTROL CORPORATION,
APPROVED ORIGINALLY ON RESOLUTION NO. 860725, FOR
THE PURCHASE OF MAINTENANCE SERVICES AND RELATED
SUPPLIES FOR THE PHYSIO CONTROL LIFE SUPPORT
EQUIPMENT FOR THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES FOR ONE (1) YEAR, RENEWABLE
ANNUALLY, AT A TOTAL PROPOSED COST OF $27,120.00;
ALLOCATING FUNDS THEREFOR FROM THE GENERAL FUND
ODE NO. 280501-670 ($13,560.00) AND
FRANCHISE PROJECT NO. 105000 ACCOUNT CODE
-670 ($13,560.00); AUTHORIZING THE CITY
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
;CHASE ORDER FOR THIS SERVICE.
3ws body of resolution, omitted here and
the Office of the City Clerk.)
14
October 22, 1987
5.25 AUTHORIZE CITY MANAGER TO AMEND AGREEMENT BETWEEN SPILLIS, CANDELA &
PARTNERS, INC. AND THE CITY OF MIAMI FOR STAGE II OF RENOVATION AND
EXPANSION OF THE COCONUT GROVE EXHIBITION CENTER AT A FEE OF $325,000.
RESOLUTION NO. 87-890
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE AGREEMENT DATED JUNE 15, 1987
BETWEEN SPILLIS, CANDELA & PARTNERS, INC., AND THE
CITY OF MIAMI, FOR STAGE II OF THE RENOVATION AND
EXPANSION OF THE COCONUT GROVE EXHIBITION CENTER, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING A FEE OF $325,000 FOR STAGE II
PROFESSIONAL PLANNING AND DESIGN SERVICES WITH A
TOTAL PROJECT BUDGET OF $5,000,000, UTILIZING
PROCEEDS OF THE MIAMI SPORTS AND EXHIBITION
AUTHORITY SUBORDINATE OBLIGATION NOTE SERIES 1985
HELD BY SUN BANK MIAMI, N.A.; AND FURTHER
AUTHORIZING THE CITY MANAGER, UPON THE
IDENTIFICATION OF THE CITY FUNDING SOURCE FOR AN
ADDITIONAL $2,000,000 OF PROPOSED CODE UPGRADING,
RENOVATIONS AND REPAIRS TO THE EXISTING BUILDING, TO
EXECUTE A SECOND AMENDMENT TO SAID AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH A FEE OF
$190,000 FOR THE ADDITIONAL PROFESSIONAL SERVICES TO
BE PAYABLE FROM THE $2,000,000 CITY FUNDING SOURCE.
(Here follows body of resolution, omitted here and
on f ile in the Office of the City Clerk.)
5.26 AUTHORIZE FIVE-YEAR LEASE WITH DADE COUNTY SCHOOL BOARD FOR USE OF MIAMI
PARK FACILITIES AT LEMON CITY, ATHALIE RANGE, GIBSON, GRAND, WEST END
AND SHENANDOAH FOR $1.00 PER YEAR PLUS MAINTENANCE COSTS.
RESOLUTION NO. 87-891
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, WITH: THE SCHOOL BOARD OF DADE
COUNTY, WHICH SHALL BE IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY; SAID LEASE AGREEMENT SHALL BE FOR A
FIVE-YEAR PERIOD, WITH SUCCESSIVE ONE-YEAR RENEWAL
PERIODS, UPON MUTUAL CONSENT BY BOTH PARTIES; THE
FACILITIES TO BE USED ARE CITY OF MIAMI Is LEMON
CITY, ATHALIE RANGE, GIBSON, GRAND, WEST END AND
SHENANDOAH PARKS, FOR A RENTAL FEE OF $1.00 PER
YEAR, PLUS SIXTY PERCENT (602) OF THE ACTUAL COST TO
MAINTAIN THE PREMISES, FOR A TOTAL INITIAL PAYMENT
OF $101,200 FOR THE 1986-1987 FISCAL YEAR.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.27 ENGAGE TOWERS, PERRIN, FORSTER & CROSBY FOR ACTUARIAL ASSISTANCE IN
PENSION MATTERS.
RESOLUTION NO. 87-892
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENGAGE
THE FIRM OF TOWERS, PERRIN, FORSTER & CROSBY, FOR
ACTUARIAL ASSISTANCE IN PENSION MATTERS AT A COST
NOT TO EXCEED $15,000, WITH FONDS THEREFOR ALLOCATED
FROM SPECIAL PROGRAMS AND ACCOUNTS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
15
October 220 4987
0
5.28 EXECUTE AGREEMENT WITH THE FILM SOCIETY OF MIAMI, INC. FOR $110,000 TO
SUPPORT ACTIVITIES INCLUDING FIFTH "MIAMI FILM FESTIVAL".
RESOLUTION NO. 87-893
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE FILM SOCIETY OF MIAMI, INC.,
IN THE AMOUNT OF $110,000 AND IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO SUPPORT SAID ORGANIZATION'S
1987-88 PROGRAM OF ACTIVITIES INCLUDING THE HOSTING
OF THE FIFTH "MIAMI FILM FESTIVAL" IN THE CITY OF
MIAMI, WITH MONIES THEREFOR ALLOCATED IN THE
DEPARTMENT OF DEVELOPMENT FY 1987-88 BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.29 AUTHORIZE $11,000 AGREEMENT WITH U.S. DEPARTMENT OF COMMERCE IN
CONNECTION WITH EXPENSES FOR MIAMI CONFERENCE ON INTER-AMERICAN TRADE
AND INVESTMENT AND WESTERN HEMISPHERE SENIOR COMMERCIAL OFFICER
CONFERENCE.
RESOLUTION NO. 87-894
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE U.S. DEPARTMENT OF
COMMERCE FOR AN AMOUNT NOT TO EXCEED $11,000 TO
REIMBURSE THE DEPARTMENT FOR EXPENSES INCURRED
THROUGH PARTICIPATION IN THE MIAMI CONFERENCE ON
INTER-AMERICAN TRADE AND INVESTMENT TO BE HELD IN
MIAMI DECEMBER 3-4, 1987 AND FOR EXPENSES INCURRED
IN CONJUNCTION WITH STAGING THE U.S. DEPARTMENT OF
COMMERCE WESTERN HEMISPHERE SENIOR COMMERCIAL
OFFICER CONFERENCE IN MIAMI TO BE HELD DECEMBER 7-9,
1987; USING $25, 000 THEREFOR AS ALLOCATED IN THE FY
188 BUDGET TO FUND BOTH THE MIAMI CONFERENCE ON
INTER-AMERICAN TRADE AND INVESTMENT AND THE U.S.
DEPARTMENT OF COMMERCE WESTERN HEMISPHERE SENIOR
COMMERCIAL OFFICER CONFERENCE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.30 AUTHORIZE $10,000 AGREEMENT WITH THE GREATER MIAMI CHAMBER OF COMMERCE
IN SUPPORT OF THE 1987 MIAMI CONGRESSIONAL WORKSHOP, DECEMBER 5-7, 1987.
RESOLUTION NO. 87-895
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE GREATER MIAMI CHAMBER OF
COMMERCE, IN THE AMOUNT OF $10,000, IN SUPPORT OF
THE 1987 MIAMI CONGRESSIONAL WORKSHOP TO BE HELD
DECEMBER 5-7, 1987, IN THE CITY OF MIAMI, WITH
MONIES THEREFOR ALLOCATED FROM THE DEPARTMENT OF
DEVELOPMENT 1987-88 FISCAL YEAR BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
16 October 22, 1987
5.31 EXECUTE $150,000 AGREEMENT WITH NORTHEAST MIAMI CHAMBER OF COMMERCE,
INC. FOR THE PURPOSE OF COMPLETING CONSTRUCTION AND RENOVATION OF GARDEN
COVE SHOPPING CENTER.
RESOLUTION NO. 87-896
A RESOLUTION AUTHORIZING THE CITY MANAGER TO UTILIZE
ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) FROM
THE SECOND (2ND) ROUND FUNDING OF THE ALLOCATED
SEVEN HUNDRED THIRTY THOUSAND DOLLARS ($730,000)
ALLOCATED FROM THE THIRTEENTH (13TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF
EXECUTING AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, AND IN ACCORDANCE WITH THE GUIDELINES
SET FORTH WITH THE NORTHEAST MIAMI CHAMBER OF
COMMERCE, INC., FOR THE PURPOSE OF COMPLETING THE
CONSTRUCTION AND RENOVATION OF THE GARDEN COVE
SHOPPING CENTER PROJECT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.32 AUTHORIZE $60,000 AGREEMENT WITH HISPANIC HERITAGE FESTIVAL COMMITTEE,
INC. IN SUPPORT OF THE XV HISPANIC HERITAGE FESTIVAL.
RESOLUTION NO. 87-897
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE HISPANIC HERITAGE FESTIVAL
COMMITTEE, INC., IN AN AMOUNT NOT TO EXCEED $60,000
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
MONIES THEREFOR ALLOCATED FROM METRO DADE TOURIST
BET TAX SPECIAL REVENUE FUND, INCLUDED IN THE CITY'S
1987-1988 BUDGET, IN SUPPORT OF THE XV HISPANIC
HERITAGE FESTIVAL; SAID ALLOCATION TO BE CONDITIONED
UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI
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.)
5.33 AMEND ECONOMIC DEVELOPMENT AGREEMENT WITH THE WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION, INC. AND PROVIDE ADDITIONAL $37,500 FROM
SPECIFIED FUNDS.
RESOLUTION NO. 87-898
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
THE ECONOMIC DEVELOPMENT AGREEMENT DATED DECEMBER 9,
1986, BETWEEN THE CITY OF MIAMI AND THE WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC.
(WCEDC), EXTENDING THE EXPIRATION DATE FROM
SEPTEMBER 30, 1987 TO JUNE 30, 1988, AND TO PROVIDE
AN ADDITIONAL THIRTY-SEVEN THOUSAND FIVE HUNDRED
DOLLARS ($37,500) FROM 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.)
17 October 22, 1907
v
5.34 EXECUTE $50,000 AGREEMENT WITH CARIBBEAN CENTRAL AMERICAN ACTION, INC.
IN SUPPORT OF THE 1987 MIAMI CONFERENCE ON THE CARIBBEAN, NOVEMBER 30TH-
DECEMBER 2ND, 1987.
RESOLUTION NO. 87-899
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE CARIBBEAN CENTRAL AMERICAN
ACTION, INC., IN THE AMOUNT OF $50,000 IN SUPPORT OF
THE 1987 MIAMI CONFERENCE ON THE CARIBBEAN TO BE
HELD NOVEMBER 30TH-DECEMBER 2ND, 1987, IN THE CITY
OF MIAMI; UTILIZING FUNDS APPROPRIATED IN THE
DEPARTMENT OF DEVELOPMENT'S 1987-88 FISCAL YEAR
BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.35 AUTHORIZE AGREEMENT WITH PUBLIC HEALTH TRUST OF DADE COUNTY FOR
COORDINATION OF EMERGENCY MEDICAL SERVICES PROVIDED BY CITY OF MIAMI
FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT.
RESOLUTION NO. 87-900
A RESOLUTION AUTHORIZING THE CITE MANAGER TO ENTER
INTO AN AGREEMENT BETWEEN THE CITY OF MIAMI AND THE
PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, WHICH
OPERATES JACKSON MEMORIAL HOSPITAL, FOR THE
COORDINATION OF EMERGENCY MEDICAL SERVICES PROVIDED
BY THE RESCUE DIVISION OF THE CITY OF MIAMI FIRE,
RESCUE AND INSPECTION SERVICES DEPARTMENT, FOR A
PERIOD OF TWO (2) FISCAL YEARS, 1987/88 AND 1988/89,
SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AS SET
FORTH IN THE ATTACHED AGREEMENT WITH A COMPENSATION
OF $40,000 FOR THE FIRST YEAR AND $44,000 FOR THE
SECOND YEAR, WITH FUNDS TO BE PROVIDED FOR IN THE
FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT'S
GENERAL OPERATING BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.36 AUTHORIZE AGREEMENT WITH CELLAR DOOR CONCERTS, INC. FOR THE USE OF THE
ORANGE BOWL STADIUM.
RESOLUTION NO. 87-901
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 PINK FLOYD ON
NOVEMBER 1, 1987.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
t
18 October 22, 1987
Fi �.,
v
5.37 AUTHORIZE EXECUTIVE DIRECTOR, DOWNTOWN DEVELOPMENT AUTHORITY, TO EXPEND
FUNDS FOR DOWNTOWN STUDIES, BEAUTIFICATION, MARKETING AND CAPITAL
IMPROVEMENTS.
RESOLUTION NO. 87-902
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF
THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO EXPEND
FUNDS FROM THE CAPITAL RESERVE LINE ITEM OF THE
DDA'S APPROVED FISCAL YEAR 1987 OPERATING BUDGET FOR
DOWNTOWN STUDIES, BEAUTIFICATION, MARKETING AND
CAPITAL IMPROVEMENT PROJECTS AND TO REIMBURSE
APPROXIMATELY $49,000 TO THE DADE COUNTY TAX
COLLECTOR.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.38 INITIATE PURCHASE OF LAND PARCEL LOCATED AT 104 N.W. 1ST AVENUE WITH
FUNDING TO BE PROVIDED FROM THE GRAN CENTRAL CORPORATION
RESOLUTION NO. 87-903
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
INITIATE THE FEE SIMPLE ACQUISITION OF A 17,850 SQ.
FT. PARCEL OF LAND LOCATED AT APPROXIMATELY 104 N.
W. 1ST AVENUE (MORE PARTICULARLY DESCRIBED HEREIN),
BASED ON APPRAISALS PREPARED BY J. MARK QUINLIVAN
AND RENEE ROLLE-DAWSON; REQUESTING THAT THE CITY OF
MIAMI AND/OR DADE COUNTY INITIATE "QUICK TAKE"
EMINENT DOMAIN PROCEEDINGS, IF THE PROPERTY CANNOT
BE PURCHASED BY NEGOTIATION; DECLARING THE
ACQUISITION TO BE A PUBLIC NECESSITY; PROVIDING
LIMITATION ON LEASEHOLD PURCHASE EXPENDITURE; AND
PROVIDING THAT FUNDING IS TO BE PROVIDED FROM A CASH
CONTRIBUTION AND LOAN TO THE CITY FROM THE GRAN
CENTRAL CORPORATION
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.39 CONFIRM GRANT ACCEPTANCE FROM FLORIDA DEPARTMENT OF VETERAN AND
COMMUNITY AFFAIRS IN THE AMOUNT OF $20,000 TO CONDUCT A CHILD DAY CARE
PROGRAM.
RESOLUTION NO. 87-904
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ACCEPTANCE OF A GRANT FROM THE STATE
OF FLORIDA, DEPARTMENT OF VETERAN AND COMMUNITY
AFFAIRS, IN THE AMOUNT OF $20,000 TO CONDUCT A CHILD
DAY CARE PROGRAM; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND
AGREEMENT(S) TO IMPLEMENT THE PROGRAM SUBJECT TO
CITY CODE PROVISIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
19 October 22, 1987
4p
0
5.40 CONFIRMING GRANT AWARD ACCEPTANCE FROM FLORIDA DEPARTMENT OF HISTORIC
PRESERVATION FOR RENOVATION OF THE MANUEL ARTIME AUDITORIUM.
RESOLUTION NO. 87-905
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN ACCEPTING A GRANT
AWARD FROM THE STATE OF FLORIDA DEPARTMENT OF
HISTORIC PRESERVATION ALLOCATING $300,000 TO THE
DEPARTMENT OF COMMUNITY DEVELOPMENT FOR THE
RENOVATION OF THE MANUEL ARTIME AUDITORIUM, WITH
SAID MONIES BEING APPROPRIATED BY ORDINANCE; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
NECESSARY CONTRACTS AND/OR AGREEMENTS FOR SAID
PURPOSES IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
AND AUTHORIZING THE ALLOCATION OF ALL NECESSARY
FUNDS FOR SAID PROGRAM UPON APPROPRIATION THEREOF.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.41 AUTHORIZE CITY MANAGER TO PAY BAYSIDE CENTER LIMITED PARTNERSHIP RENTAL
CREDIT IN THE AMOUNT OF $1,675,000 IN ACCORDANCE WITH MIAMARINA
AGREEMENT
RESOLUTION NO. 87-906
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY TO
BAYSIDE CENTER LIMITED PARTNERSHIP THE RENTAL CREDIT
IN THE AMOUNT OF $1,675,000 PLUS THE OPPORTUNITY
LOSS COST EARNED THEREON, IN ACCORDANCE WITH THE
MIAMARINA AGREEMENT DATED OCTOBER 24, 1985, WITH
SAID PAYMENT TO BE MADE FROM THE MARINA ENTERPRISE
FUND RETAINED EARNINGS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.42 APPROVING SELECTION PROCESS OF FIRMS TO PROVIDE LAND SURVEY SERVICES FOR
CITY OF MIAMI PROJECTS 1988.
RESOLUTION NO. 87-907
A RESOLUTION APPROVING THE SELECTION BY THE
COMPETITIVE SELECTION COMMITTEE OF THE MOST
QUALIFIED FIRMS IN LARGE FIRM AND SMALL FIRM
CATEGORIES TO PROVIDE LAND SURVEY SERVICES FOR CITY
OF MIAMI PROJECTS 1988; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE PROFESSIONAL SERVICES AGREEMENTS WITH
THE THREE TOP RATED FIRMS IN THE LARGE FIRM CATEGORY
AND THE TWO TOP RATED FIRMS IN THE SMALL FIRM
CATEGORY, TO PROVIDE SURVEY SERVICES; DIRECTING THE
CITY MANAGER TO PRESENT NEGOTIATED AGREEMENTS TO THE
CITY COMMISSION FOR APPROVAL PRIOR TO EXECUTION
THEREOF; FURTHER AUTHORIZING THE CITY MANAGER, IN
THE EVENT ANY EXECUTED AGREEMENT IS TERMINATED PRIOR
TO COMPLETION THEREOF, TO NEGOTIATE WITH REMAINING
LISTED FIRMS FOR AN AGREEMENT TO REPLACE THE
ORIGINAL FIRMS) WITH NO INCREASE IN COMPENSATION OR
IN THE TERM OF SAID NEW AGREEMENT WHICH AGREEMENT
MAY BE EXECUTED BY THE CITY MANAGER WITHOUT ANY
FURTHER APPROVAL OF THE CITY COMMISSION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
20 October 22, 1987
5.43 ISSUE RFP FOR LEASE FOR CAFETERIA AND VENDING CONCESSION IN THE MIAMI
POLICE DEPARTMENT BUILDING.
RESOLUTION NO. 87-908
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST
FOR PROPOSAL, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE LEASE OF A 2,271 SQUARE FOOT
CAFETERIA AND VENDING CONCESSION IN THE MIAMI POLICE
DEPARTMENT BUILDING, LOCATED AT 400 NW 2 AVENUE,
MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.44 ISSUE RFP FOR RESTAURANT LEASE TO BE LOCATED IN FORT DALLAS PARK.
RESOLUTION NO. 87-909
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR THE LEASE OF APPROXIMATELY 4125 SQUARE
FEET OF REAL PROPERTY WITHIN FORT DALLAS PARK,
LOCATED AT 60-64 S.E. 4TH STREET; FOR THE PURPOSE OF
OPERATING A RESTAURANT WITHIN SAID LEASED AREA AND
PROVIDING MAINTENANCE OF ALL AREAS OF SAID PARK.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.45 ADVERTISE FOR PROFESSIONAL SERVICES TO CONDUCT AN ECONOMIC FEASIBILITY
STUDY FOR THE OMNI REDEVELOPMENT AREA PROJECT.
RESOLUTION NO. 87-910
A RESOLUTION
AUTHORIZING THE CITY MANAGER TO
ADVERTISE FOR
PROFESSIONAL SERVICES AND ISSUE THE
REQUEST FOR PROPOSALS DOCUMENT, IN SUBSTANTIALLY THE
FORM ATTACHED,
TO CONDUCT AN ECONOMIC FEASIBILITY
— STUDY FOR THE
OMNI REDEVELOPMENT AREA PROJECT, WITH
- $35,000 BEING
ALLOCATED AS FOLLOWS: $20,000 FROM
THE 13TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS IN THE
FY-88 BUDGET OF THE DEPARTMENT OF
DEVELOPMENT,
AND $15,000 IN THE FORM OF A
CONTRIBUTION
FROM THE DOWNTOWN DEVELOPMENT
AUTHORITY.
-. (Here follows
body of resolution, omitted here and
on file in the
Office of the City Clerk.)
5.46 ACCEPT PROPOSALS OF GABRIEL GARCIA-MENOCAL AND ROBERTO FLOREZ TO
APPRAISE PROPERTY ON N.W. 6TH STREET FOR POSSIBLE LOCATION OF SPORTS
ARENA PARKING FACILITY.
RESOLUTION NO. 87-911
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE
APPRAISAL PROPOSAL OF GABRIEL GARCIA-MENOCAL (THE
REPUBLIC APPRAISAL COMPANY), MEMBER OF THE AMERICAN
INSTITUTE OF REAL ESTATE APPRAISERS, AT A FEE OF
$7,500 AND ROBERTO M. FLOREZ, SENIOR FEE APPRAISER,
AT A FEE OF $2,400 TO APPRAISE FOR FAIR MARKET VALUE
THE SIX (6) LOTS LOCATED ON N.W. SIXTH STREET
BETWEEN N. W. 1 COURT AND N.W. 2 AVENUE, MORE
PARTICULARLY DESCRIBED ON ATTACHED EXHIBIT "A" FOR
POSSIBLE ACQUISITION OF LAND FOR PARKING FOR THE
SPORTS ARENA ON AN INTERIM BASIS WITH FUNDS TO COVER
THE APPRAISAL COSTS TO BE ALLOCATED FROM DEPARTMENT
OF DEVELOPMENT BUDGETED FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
21 October 22, 1987
y
NOTE FOR THE RECORD: Resolution 87-912 was later reconsidered by Motion
87-932.
5.47 AMENDMENT INCREASING THE TOTAL MEMBERSHIP OF VISIONS 2000 COMMITTEE FROM
10 TO 25.
RESOLUTION NO. 87-913
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO.
87-158, ADOPTED FEBRUARY 12, 1987, WHICH ESTABLISHED
A VISIONS 2000 COMMITTEE FOR THE CITY OF MIAMI, BY
INCREASING THE TOTAL MEMBERSHIP OF SAID COMMITTEE
FROM 10 TO 25; FURTHER ADDING A NEW SECTION 3 TO
SAID RESOLUTION SETTING FORTH THE EXPECTATIONS OF
THE CITY COMMISSION IN THE FUNCTION OF SAID
COMMITTEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.48 ORDER CITY WIDE SANITARY SEWER EXTENSION IMPROVEMENT - S.W. 8 COURT SR-
5539-C (CENTERLINE).
RESOLUTION NO. 87-914
A RESOLUTION ORDERING CITYWIDE SANITARY SEWER
EXTENSION IMPROVEMENT - S.W. 8 COURT SR-5539-C
(CENTERLINE) AND DESIGNATING THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A
PORTION OF THE COST THEREOF AS CITYWIDE SANITARY
SEWER EXTENSION IMPROVEMENT DISTRICT - S.W. 8 COURT
SR-5539-C (CENTERLINE).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.49 AMENDMENT PROVIDING THAT CITY BID BOND VOUCHER PROGRAM FOR MINORITY AND
FEMALE FIRMS BE LIMITED TO CONSTRUCTION CONTRACTS OF $200,000 OR LESS.
RESOLUTION NO. 87-915
A RESOLUTION AMENDING PARAGRAPH (A) OF SECTION 2 OF
RESOLUTION NO. 86-983, ADOPTED DECEMBER 11, 1986, TO
PROVIDE THAT THE CITY OF MIAMI BID BOND VOUCHER
PROGRAM FOR MINORITY AND FEMALE FIRMS BE LIMITED TO
CONSTRUCTION CONTRACTS AMOUNTING TO $200,000.00 OR
LESS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
22 October 22, 1987
5.50 SETTING FORTH PROCUREMENT AND DEVELOPMENT METHODS TO HOUSE THE U.S.
ATTORNEY'S OFFICE AND OTHER FEDERAL LAW ENFORCEMENT AGENCIES IN MIAMI.
RESOLUTION NO. 87-916
A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS
METHOD TO DEVELOP AN APPROXIMATELY 250,000 SQ. ST.
BUILDING TO HOUSE THE U.S. ATTORNEYS OFFICE AND
OTHER FEDERAL LAW ENFORCEMENT AGENCIES IN MIAMI IS
BY PROCUREMENT OF AN INTEGRATED PACKAGE THAT
INCLUDES SITE ACQUISITION OF A 12-LOT LAND PARCEL
BETWEEN N.S. 1ST AND MIAMI AVENUES, PLANNING AND
DESIGN, AND CONSTRUCTION; AUTHORIZING THE CITY
MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS
(RFP) FOR THE INTEGRATED DEVELOPMENT OF SAID
IMPROVEMENTS; AND FURTHER DIRECTING THE CITY MANAGER
TO PRESENT THE DRAFT RFP TO THE CITY COMMISSION AS
SOON AS PRACTICABLE FOR CONSIDERATION AND APPROVAL
PRIOR TO ITS ISSUANCE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.51 AUTHORIZE $50,0000 PAYMENT TO REBECCA SHAW AS PERSONAL REPRESENTATIVE OF
DOROTHY ROBINSON IN FULL SETTLEMENT OF ALL CLAIMS AGAINST THE CITY OF
MIAMI.
RESOLUTION NO. 87-917
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO REBECCA SHAW AS PERSONAL REPRESENTATIVE OF
DOROTHY ROBINSON, THE SUM OF $50,000, WITHOUT THE
ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, UPON EXECUTION OF A RELEASE,
RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.52 DESIGNATING MEMBERS TO SERVE ON DOWNTOWN WATERFRONT MASTER PLAN
IMPLEMENTATION ADVISORY COMMITTEE.
RESOLUTION NO. 87-918
A RESOLUTION NOMINATING AND DESIGNATING CERTAIN
INDIVIDUALS TO SERVE ON THE DOWNTOWN WATERFRONT
MASTER PLAN IMPLEMENTATION ADVISORY COMMITTEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
23 October 22, 1987
s
5.53 AUTHORIZE DESIGNATED STREET CLOSURE AND OTHER REGULATIONS PERTAINING TO
1988 SPECIAL EVENTS CONDUCTED BY THE KIWANIS CLUB OF LITTLE HAVANA;
CARNAVAL MIAMI PASEO, 8-K RUN, BIKE DASH, CALLE OCHO OPEN HOUSE
FESTIVAL.
RESOLUTION NO. 87-919
A RESOLUTION CONCERNING THE 1988 CARNAVAL MIAMI
PASEO TO TAKE PLACE MARCH 6, 1988, THE 8-K RUN ON
MARCH 11, 1988, THE BIKE DASH ON MARCH 12, 1988 AND
CALLE OCHO OPEN HOUSE FESTIVAL ON MARCH 13, 1988, TO
BE CONDUCTED BY THE KIWANIS CLUB OF LITTLE HAVANA,
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; ESTABLISHING AN AREA PROHIBITED
TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENTS;
AUTHORIZING THE SALE OF BEER AND WINE IN CONNECTION
WITH SAID EVENTS SUBJECT TO THE ISSUANCE OF ALL
PERMITS REQUIRED BY LAW; FURTHER RELAXING THE
LIMITATIONS ON THE DISPLAY OF FIREWORKS TO ALLOW THE
STAGING OF PYROTECHNIC DISPLAYS UNTIL 12:00 MIDNIGHT
FOR CARNAVAL NIGHT AT THE ORANGE BOWL STADIUM ON
MARCH 5, 1988 AND IN THE VIZCAYA AREA FOR A SPONSORS
PARTY ON MARCH 12, 1988; 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 EVENTS 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.)
5.54 AUTHORIZE DESIGNATED STREET CLOSURE AND OTHER REGULATIONS PERTAINING TO
THE BANYAN FESTIVAL CONDUCTED BY THE COCONUT GROVE CHAMBER OF COMMERCE,
NOVEMBER 7-8. 1987.
RESOLUTION NO. 87-920
A RESOLUTION CONCERNING THE BANYAN FESTIVAL TO BE
CONDUCTED BY THE COCONUT GROVE CHAMBER OF COMMERCE
TO BE HELD NOVEMBER 7 AND 8, 1987, PROVIDING FOR THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC; ESTABLISHING A PEDESTRIAN MALL 'L"B ECT TO
THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE
AND FIRE, RESCUE AND INSPECTION SERVICES;
AUTHORIZING A TWO-DAY PERMIT TO SELL BEER AND VINE
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 THH CITY VILL BE INSURED AGAINST
ANY POTENTIAL LIABILITY AND UPON 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.)
24 October 22. 1987
•
•
5.55 AUTHORIZE CLOSURE OF DESIGNATED STREETS AND OTHER REGULATIONS PERTAINING
TO THE FOURTH MIAMI BOOK FAIR TO BE CONDUCTED BY MIAMI BOOK FAIR
INTERNATIONAL, INC., NOVEMBER 8-15, 1987.
RESOLUTION NO. 81-921
A RESOLUTION CONCERNING THE FOURTH MIAMI BOOK FAIR
INTERNATIONAL TO BE CONDUCTED BY MIAMI BOOK FAIR
INTERNATIONAL, INC. ON NOVEMBER 8-15, 1987,
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A
TEMPORARY PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES AND THE REQUIREMENT
THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL
LIABILITY; FURTHER ESTABLISHING AN AREA PROHIBITED
TO RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENT;
CONDITIONED UPON THE ORGANIZERS PAYING FOR NECESSARY
COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.56 APPROVE ADOPTION OF SMALL BUSINESS DEVELOPMENT PILOT PROGRAM IN THE
MODEL CITY TARGET AREA.
RESOLUTION NO. 87-922
A RESOLUTION APPROVING AND CONFIRMING THE ADOPTION
AND ESTABLISHMENT OF SMALL BUSINESS DEVELOPMENT
PILOT PROGRAM IN THE MODEL CITY TARGET AREA, AS
AMENDED; FURTHER AUTHORIZING THE HIRING OF A
MINORITY CERTIFIED PUBLIC ACCOUNT AND THE
DEVELOPMENT OF A TECHNICAL ASSISTANCE PROGRAM FOR
LOAN RECIPIENTS PARTICIPATION IN THE SMALL BUSINESS
DEVELOPMENT PILOT PROGRAM IN THE MODEL CITY TARGET
AREA, AS AMENDED AND AUTHORIZING THE EXPENDITURE OF
AN AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS
($30,000) FROM COMMUNITY DEVELOPMENT BLACK GRANT
FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY
MANAGER TO REALLOCATE THREE HUNDRED THOUSAND DOLLARS
($300,000) OF ELEVENTH (11TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AS APPROPRIATED BY
ORDINANCE NO. 9991; AMENDING RESOLUTION NO. 85-457
ADOPTED APRIL 18, 1985, WHICH HAD ALLOCATED SAID
FUNDS FOR THE CHRISTIAN HOSPITAL SUBSIDY PROGRAM TO
PROVIDE THEREBY FOR A REALLOCATION OF SAID THREE
HUNDRED THOUSAND DOLLARS ($300,000) TO MIAMI CAPITAL
DEVELOPMENT, INC. FOR THE SMALL BUSINESS DEVELOPMENT
PILOT PROGRAM IN THE MODEL CITY TARGET AREA, AS
AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO
AMEND THE 1987-88 CONTRACT WITH MIAMI CAPITAL
DEVELOPMENT, INC. TO THEREBY INCREASE ITS REVOLVING
LOAN FUND BY SAID AMOUNT OF THREE HUNDRED THOUSAND
DOLLARS ($300,000) TO BE USED SPECIFICALLY FOR THE
SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM, AS
AMENDED.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
25 October 22, 1987
5.57 AMEND 1986-87 AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT, INC. TO
REALLOCATE $500,000 FROM SPECIFIED FUNDS TO SMALL BUSINESS DEVELOPMENT
PILOT PROGRAM.
RESOLUTION NO. 87-923
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
THE 1986-87 CONTRACT AGREEMENT BETWEEN MIAMI CAPITAL
DEVELOPMENT, INC. AND THE CITY OF MIAMI, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSE OF
REALLOCATING ITS TWELFTH YEAR CITYWIDE REVOLVING
LOAN FUND AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS
($500,000) TO THE NEWLY CREATED SMALL BUSINESS
DEVELOPMENT PILOT PROGRAM; FURTHER AUTHORIZING THE
CITY MANAGER TO APPROVE MIAMI CAPITAL DEVELOPMENT,
INC. (MCDI) EARMARKING ITS PRESENT REVOLVING LOAN
FUND BALANCE OF THIRTY-NINE THOUSAND SIX HUNDRED
FIFTY-FIVE DOLLARS ($39,655) FOR THE SMALL BUSINESS
DEVELOPMENT PILOT PROGRAM; FURTHER AUTHORIZING THE
CITY MANAGER TO ESTABLISH, IN PRINCIPLE, (EXCLUDING
MODEL CITIES), A CITYWIDE SMALL BUSINESS DEVELOPMENT
PILOT PROGRAM SUBJECT TO THE APPROVAL OF THE CITY
COMMISSION; FURTHER AUTHORIZING THE CITY MANAGER TO
DIRECT MIAMI CAPITAL TO DIVIDE SAID AMOUNT OF FIVE
HUNDRED THIRTY NINE THOUSAND SIX HUNDRED FIFTY-FIVE
DOLLARS ($539,655), WITH ONE-HALF OR TWO HUNDRED
SIXTY-NINE THOUSAND EIGHT HUNDRED TWENTY-SEVEN
DOLLARS AND FIFTY CENTS ($269,827.50) ALLOCATED TO
THE MODEL CITIES TARGET AREA AND THE BALANCE OF TWO
HUNDRED SIXTY-NINE THOUSAND EIGHT HUNDRED TWENTY-
SEVEN DOLLARS AND FIFTY CENTS ($269,827.50)
ALLOCATED TO THE REMAINING CITYWIDE TARGET AREAS
WITH SAID AMOUNT OF TWO HUNDRED SIXTY-NINE THOUSAND
EIGHT HUNDRED TWENTY-SEVEN DOLLARS AND FIFTY CENTS
($269,827.50) TO BE USED FOR THE CITYWIDE SMALL
BUSINESS DEVELOPMENT PILOT PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6. EMERGENCY ORDINANCE: AMEND SEC. 1 OF THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE (ORD. 10187), BY INCREASING THE APPROPRIATION
OF THE "POLICE DEPARTMENT -COMPUTER ENHANCEMENT" PROJECT TO $216,000.
Mayor Suarez: Item 64.
Mr. Dawkins: After 64, I'd like to hear...
Mr. Plummer: I move 64.
Mr. Dawkins: What is 64?
Mayor Suarez: So moved.
Mr. Dawkins: Oh, I second.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Under discussion.
Mayor Suarez: Discussion.
Mr. Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Dawkins: Here is a system that was purchased in 1970, OK? And ever since
then, no that's not it, go ahead, I'm - no discussion on that one.
26 October 22, 1987
Mayor Suarez: OK, we have a motion and a second on 64, Madam City Clerk.
Mr. Plummer: Rosario, you got to be here for 4/5ths vote.
Mr. Foeman: Yes, sir, we do.
Mayor Suarez: Mr. City Clerk. OK, any discussion? Read the ordinance. Call
the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10187, AS AMENDED, ADOPTED DECEMBER 11, 1986, THE
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY
INCREASING THE APPROPRIATION FOR THE PROJECT ENTITLED
APPROPRIATION FOR THE PROJECT ENTITLED "POLICE
DEPARTMENT - COMPUTER ENHANCEMENT" IN THE AMOUNT OF
$216,000.00 COMPOSED OF $116,000.00 FROM THE 1970
POLICE GENERAL OBLIGATION BONDS AND $100,000.00 FROM
THE UNITED STATES BUREAU OF JUSTICE ASSISTANCE,
THROUGH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and
Dawkins, for adoption as an emergency measure
requirement of reading same on two separate days,
following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
seconded by Commissioner
and dispensing with the
which was agreed to by the
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10326.
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. Wait, wait, excuse me, justify the emergency.
Mr. Odio: OK.
Mrs. Dougherty: To ensure that the Miami Police Department complies with the
Florida statutes 943.05 mandating establishment of the Statewide Crime
Information System by January 1, 1988.
Mr. Plummer: Thank you.
e Mayor Suarez: Thank you for the clarification.
r
F
27 October 22, 1987
t
y. REEVALUATE POSITION BY CITY COMMISSION RELATING TO THE SMALL BUSINESS
DEVELOPMENT PILOT PROGRAM IN THE MODEL CITY AREA, AND APPROVE RESOLUTION
BY MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Dawkins: Isn't Mr. Wynn and those down here on 62?
UNIDENTIFIED SPEAKER: Yes.
Mr. Dawkins: And we passed 62 as the consent agenda?
Mr. Odio: No, you didn...
Mr. Dawkins: And we said if anybody wanted to discuss it, we would, I mean
put it off until the next meeting. So now what do you want to...
Mayor Suarez: You got it. Let's go back to item 62. If there's any further
clarification that we need, I have a feeling we're going to need some.
Mr. Dawkins: OK, then, so it's automatically deferred until the next meeting.
Mr. Plummer: No, no, no, no, let's don't do that.
Mayor Suarez: No, because we passed it.
Mr. Plummer: No.
Mr. Dawkins: OK, what you going to do?
Mayor Suarez: No, they have a concern about the mechanics of this and I think
we may have a solution, I hope, don't we, Mr. Manager?
Mr. Plummer: Mr. Manager, the Mayor's speaking to you.
Mayor Suarez: I know they're concerned about the screening committee and loan
committee being subject to the Sunshine Law in that...
Mr. Plummer: Welcome aboard.
NOTE FOR THE RECORD: Commissioner Carollo entered the Commission Meeting
at 9:39 a.m.
Mr. Odio: But, before we get to that, Mr. Mayor, I received a note from Mr.
Rasheed that I object to strongly. He is misrepresenting the facts as I know
them and as the other people in good faith in that community knows them, the
screening committee has met three times. They have not sent any loans to the
City of Miami for approval. In fact, I know Mr. Rasheed - well, better...
The fact is we have not received any loan applications. We promised the
merchants of that area that from the day we receive a loan application, it
would take 15 days to process and give them the money. None of the loan
applications have reached us because the screening committee stopped the
process because there was a ruling from the City Attorney saying that it had
the Sunshine Law applied to that committee. Since then, we have corrected the
situation and we have found a way of doing this the right way. And I'll let
the Attorney, if you want Lucia, and explain what we've done. But, Mr.
Rasheed, before you make any statements, either in verbal or in writing, you'd
better get your facts straight.
Mr. Dawkins: Madam City Attorney.
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: The consent agenda was passed. Item 62 and 63 are items of the
consent agenda.
28 October 22, t987
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: The Mayor did ask if anyone had anything to say on these items.
So it is proper for these gentlemen to come before us on those two items, even
though we've passed them?
Mayor Suarez: Yes, if we have to do something, we will...
Mr. Dawkins: You are not the City Attorney, Mr. Mayor. Let me hear from the
City Attorney.
Mayor Suarez% All right, Madam City Attorney.
Mrs. Dougherty: Yes, air, Commissioner Dawkins, it is proper and I just want
to point out to you that item 62 was amended and it's not as found in your
package, it is found in the supplemental agenda package that we passed out to
you today and it does reflect some of the changes that the administration
found to be advantageous.
Mr. Plummer: Well, but wait a minute now. They're dealing with taxpayers'
money. Who has requested that this matter be outside of the Sunshine Law?
Mr. Bill Wynn: Mr...
Mr. Plummer: I think I got a problem with that.
Mr. Wynn: Mr. Commissioner.
Mr. Plummer: Mr. Wynn.
Mr. Wynn: What we requested was that...
Mayor Suarez: Bill, give us the name one more time and address.
Mr. Wynn: My name is Bill Wynn. I am Vice Chairman of the Merchants
Association.
Mr. Dawkins: Give him your address, Bill.
Mr. Wynn: At 7th Avenue - 741 N. W. 62nd Street is my address. Our concern
was not to violate any rules, we wanted to be under the same process as Miami
Capital since it appears that this process is totally controlled by Miami
Capital in terms of the way it's designed. The only difference is the two
committees which you appointed, the Steering Committee and the Loan Committee,
so we were simply requesting that those two committees stay in existence but
be subcommittees of Miami Capital.
Mr. Plummer: Let me ask this question, is Miami Capital outside of the limits
of the Sunshine Law?
Mr. Odio: They are not and Miami Capital is not involved.
Mr. Plummer: So then their request is not to be outside of the Sunshine Law.
If Miami Capital is not, so their request to be the same as Miami Capital,
they're included in the Sunshine. Bill, you know, you're dealing with
taxpayers' dollars.
Mr. Wynn: I think you're misinterpreting, we're not saying that we don't want
to abide by all of the rules of the City of Miami, we're saying simply...
Mr. Plummer: Well, I just heard that somewhere, who said it?
Mr. Wynn: Your Attorney said it, sir.
Mr. Plummer: Was there - OK, was there such a request?
Mayor Suarez: Madam City Attorney, what is the proposal?
Mrs. Dougherty: I'm sorry, I didn't hear the question.
Mr. Plummer: Was there anyone making a request to put this outside of the
Sunshine Law?
29 October 22, 1987
Mrs. Dougherty: i know that there was a discussion as to whether or not it
was - whether or not the committee, as formed by the City of Miami that we
adopted the last Commission meeting would have to comply with the Sunshine Law
and the answer was yes, it did. Now...
Mr. Plummer: Then I have no problem.
Mrs. Dougherty: ... it's my understanding that as proposed now, these
committees, both the Screening Committee and the Loan Committee, would not be
City of Miami committees, but, instead, economic - Martin Luther King Economic
Development Corporation's committees and, therefore, would not have to comply
with the Sunshine Law. Now, I don't know that this decision was made because
they wanted to...
Mr. Odio: It was not.
Mrs. Dougherty: ... to avoid the Sunshine Law but as a better process for
screening these loans because they are part of the community. The decision
was made that these would be - these people would be in a better position to
make these sorts of decisions...
Mr. Odio: That's correct.
Mrs. Dougherty: ... for the community as opposed to avoiding the Sunshine
Law.
Mayor Suarez: The final go ahead decision still has to be made by Miami
Capital and/or the City at the end?
Mr. Odio: No, no, sir, Mr. Mayor, Miami Capital is not involved.
Mayor Suarez: OK, or the City, I said, Mr. Manager.
Mr. Odio: Excuse me, they are not in the sense that this is City of Miami
Community Development Department.
Mayor Suarez: OK, by the City then.
Mr. Odio: Now, the process is the burden of the community. It is the
community who is to screen the applicant is the communuty to approve who gets
the loans and then send them to an accountant f irst and then to us. So the
burden is in...
Mayor Suarez: To us, meaning the City through Community Development
Department.
Mr. Wynn: Well, apparently, there's a confusion in the process, you see...
Mr. Odio: The only thing that Miami Capital will do and I stand corrected,
will be to process the monies...
Mr. Wynn: Well, the information that was given to us by Mr. Castaneda
requires that after the Loan Committee approves it, it goes to Miami Capital
for review and...
Mr. Odio: To get the check.
Mr. Wynn: ... and for disbursement and for servicing the loan. And M. L...
Mayor Suarez: That's a good point, Bill. Disbursement and servicing of the
loan will be done by Miami Capital, will it not?
Mr. Plummer: Well, yes, that's - yes.
Mr. Odio: The only thing Miami Capital is going to do is issue the check.
That's all they're going to do.
Mayor Suarez: Disbursement.
Mr. Odios There's no administration - we are responsible, the City of Miami
is responsible to administer those loans.
30 October 22, 1987
Mr. Plummer: Well$ but wait a minute, let me...
Mr. Odio: To make sure that the assistance program is working.
Mr. Plummer: All right. The next question. Who is then going to be
responsible for the collections?
Mr. Wynn: Miami Capital according to...
Mrs. Kennedy: Miami Capital.
Mrs. Dougherty: Miami Capital.
Mr. Plummer: Well, Miami Capital is saying pointing fingers this way and...
Mr. Odio: No, no, no. No.
Mayor Suarez: Everybody's pointing at everybody else.
Mr. Odio: We are going to be responsible. C.D. is going to be responsible.
Mr. Plummer: So you're going to be responsible to make sure that the payments
are made.
Mr. Odio: Yes.
Mr. Plummer: You're the one that's going to inform this Commission of what
the fund is for reloaning out.
Mr. Odio: Yes. Yes, sir.
Mr. Plummer: Because that's important to keep the program going.
Mr. Odio: That's the way it is but the burden is in the hands of the
community and that's why I objected so strongly to what he is writing about
the burden is on the City administration. We have not received one loan
applicant yet.
Mr. Wynn: Well, that's primarily because the process broke down on
discussions.
Mrs. Dougherty: In fact, the final loan decision is made by Martin Luther
King Economic Development Corporation.
Mr. Wynn: So, is it now, Mr. Mayor...
Mayor Suarez: And all of this is contained in the resolution all ready
passed?
Mr. Plummer: Correct.
Mr. Wynn: OK, so, I still don't understand where we are because as of
Tuesday, we were under the same...
Mayor Suarez: The Screening and Loan Committees will function under MLK
Economic Development. They will approve the loans and then Miami Capital will
make the disbursement and the City Department of Economic Development will -
or Community Development, rather, will monitor and collect the loans.
Mr. Wynn: Thank you.
Mayor Suarez: With the full power of the City, I'm sure, to file suit and...
Mr. Wynns I understand. All of which is under the Sunshine...
Mayor Suarez: Yes.
Mr. Wynn: All right...
Mr. Prentice Rasheed: We have one other discrepancy...
31 October 22, 1987
Mayor Suarez: Wait, wait Mr. Rasheed, I've been informed by the City Attorney
that I should take a roll call vote on that, just for all the clarifications.
Is that what you want?
Mr. Plummer: What?
Mr. Bob Clark (Off mike): Yes.
Mr. Plummer: Why?
Mr. Clark (Off mike): Because you're reevaluating the position that you
stated on September 28th and it should be a matter of a roll call vote by the
Commission. The position that you had was these committees were your's
originally, now they're Martin Luther...
Mrs. Kennedy: Now they're MI, Martin Luther Kings...
Mayor Suarez: OK. I'll entertain a motion on that.
Mrs. Kennedy: So moved.
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. 87-924
A RESOLUTION OF THE CITY COMMISSION RE-EVALUATING ITS
POSITION EXPRESSED IN MOTION NO. 87-862, ADOPTED
SEPTEMBER 28, 1987, RELATIVE TO IMPLEMENTATION OF THE
SMALL BUSINESS DEVELOPMENT PILOT PROGRAM IN THE MODEL
CITY AREA= FURTHER APPROVING THE OCTOBER 20, 1987
RESOLUTION OF THE MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION (MLKEDC), IN THE FORM
ATTACHED, RESULTING IN THE IMPLEMENTATION OF THE SMALL
BUSINESS DEVELOPMENT PILOT PROGRAM IN THE MODEL CITY
AREA IN THE MANNER EXPRESSED THEREIN.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. Carollo (Off mike): What am I voting?
Mr. Plummer: You're ratifying the 62.
Mr. Fosman: For the record, Mr. Dawkins votes yes.
COMMENTS FOLLOWING ROLL CALL:
Mr. Dawkins (Off and on mike): -------- under discussion. Mr. City Manager,
the $300,000 that was reallocated came from a Model Cities account which was
the Christian Hospital. I want Miami Capital to understand that that money
remains available for Liberty City from now on until we loan it. It cannot be
reprogrammed no place else.
32 October 22, 1987
Mr. Odio: Yes, sir.
Mr. Dawkins: OK? All right.
Mayor Suarez: Mr. Rasheed.
Mr. Rasheed: My name is Prentice Rasheed and I reside at - my business is
6040 N. W. 7th Avenue. First, I'd like to take a little issue with the City
Manager which is not that grave. I think he misunderstood what I presented
here and some degree.
Mr. Odio: I can read, Mr. Rasheed. I can read. Do you want me to quote it?
Mr. Rasheed: May I finish, sir? After the - you just seen the situation that
are having some confusion as to what was established at the first Commissioner
meeting that you agreed here that we have some things agreed on. We found
within the month that those things that we supposed to had agreed on wasn't
established well enough so that these committees, Screening Committees, Loan
Committees, CPA firm had any directions beyond that to operate on so the
confusion got that we had one month - nobody in the loaning department has
received these loans yet. This Commissioner say that those loans will be
processed within 15 days; three working weeks, five days a week. These loans
for the last month, since our - this month, October 2nd was turned in. Today
those loans, those applications have not reached anybody and we don't have a,
from your office, we don't have anyone supervising that so we'll stand based
on the statement that I gave the City Manager this morning that who is
responsible, so I said, all concerned parties are responsible until we find
out who is the responsible party. This is what we - the presentation we're
making today is that somebody must be responsible so I feel that everybody's
responsible until we find out the one that we're really going to put in charge
of this particular...
Mr. Odio: I wish you had written it different.
Mr. Rasheed: Well, this is what it said.
Mr. Odio: I want to apologize for what I said because I still can read.
Mr. Rasheed: Well, let me read the letter.
Mr. Odio: The other thing, let me tell you something, sir. We had four of my
top staff working full time, four of them, OK? Ruder, Castaneda, Aurelio
Perez, and Adrienne MacBeth working full time in this program. One, they've
been meeting at night, you have not been there. They've been meeting with...
Mr. Rasheed: No one invited me.
Mr. Odio: Because you're not a member of the Screening Committee, sir, you
are an applicant for a loan.
Mr. Rasheed: But how could I be there?
Mr. Odio: There were 30 loan applications processed already out of which 23
were turned down and the other 7 never reached us. So now, if you want to get
into a debate about that, I'll get into it right now, but don't write things
that are not right.
Mayor Suarez: No, we're not going to argue about the individual loan
applications that's for sure.
Mr. Rasheed: OK, we have again, we had the Sunshine Law waiver come to us.
Now, if the Sunshine Law applies to all City lending and funding contracts of
City business, why would you send a waiver. Do we have to sign additional
waiver to - the original application already has established a waiver. Now we
have another waive reform coming. Well, I have one here if you want to see
it.
Mr. Odio: The problem has been resolved by Commission action. I would
suggest you leave it alone. I suggest that you let the Screening Committee,
Martin Luther King Development work the process out and the moment we get a
loan application approved by them, you'll have a check in 15 days.
33 October 22, 1907
Mr. Rasheed: Since we have a right to speak out on this, your suggest is
well taken.
Mr. Odio: Oh, you - of course, but it's already been resolved, Mr. Rasheed.
Mr. Rasheed: OK. One of the concerns on this item that we have on the agenda
today that there is a $30,000 maximum in the original contract the statement
that the City gave it was seventy five thousand, so we'll...
Mayor Suarez: How about that? Wait, let's clarify that.
Mr. Rasheed: OK.
Mayor Suarez: Mr. Castaneda, there was supposed to be thirty thousand for
loans up to a term of X number of years in 75 for longer term.
Mr. Castaneda: If you have been functioning for a period of at least 3 years,
you can qualify for up to $75,000 which was what was agreed.
Mayor Suarez: Right, that was the parameters that were established. That
should be in there. Is it in there? It's in there.
Mr. Castaneda: Yes, it is in there.
Mayor Suarez: All right.
Mr. Rasheed: Well, only other thing I would add is that we have been
functioning for one month and I believe that we put - the minutes will show at
the last Commission meeting that these loans should have been immediately put
into function. There was no one really supervising this situation from an
administrative point of view and it was like the Screening Committee's
operating when they want to operate, they have people out of town. Who's
responsible for this . kind of situation, ad hoc committee cannot be
responsible. If this City of Miami's responsible, then it should find some
responsible people to operate this situation.
Mr. Castaneda: The whole intent of this was to create a group of community
citizens who help in the screening process. Let me say for the record that
they are extremely conscious, they are working very hard on this. I think
that they are meeting about three times a week. Adrienne MacBeth is serving
as secretary to the board. The program is working and to my knowledge the
Screening Committee has no problems with this whole issue.
Ms. Adrienne MacBeth: Mr. Mayor, for the record, I have volunteered to serve
as the executive secretary to the Screening Committee group and we have met on
approximately four or five occasions. We have processed 32 applications and
on Monday evening we will begin...
Mayor Suarez: You said how many?
Ms. MacBeth: Thirty-two. There are a balance of ten new ones that have come
in. On Monday evening, we will begin the process of conducting interviews
with those individuals who will go forward to the second step.
Mayor Suarez: OK, thank you, Adrienne
Mr. Rasheed: Now, let me ask you one question more. Now, since we're getting
as we - the original Commission meeting and the contracts that we had
originally established, they were signed, sealed and agreed as far as this ad
hoc committee is. It's not Prentice Rasheed, it's the Manager saying, this ad
hoc committee is five people there that's sponsored that ad hoc committee, not
my personal concern. It is a community concern so it's not a personal concern.
We made an agreement. The Commissioners established that the collateral, the
two page application, all these things was established. Two weeks later,
you're getting additional information, what kind of contract do you make?
Mayor Suarez: That was not an agreement, sir, that was a resolution of the
Miami City Commission,
Mr. Rasheed: OK, resolution, I'll take that back. But what are we doing?
,Are we agreeing that this is the function what we have agreed on today, do we
expect to have...
34 October 22, 1907
Mayor Suarez: We hope this will work, sir.
Mr. Rasheed: OK.
Mayor Suarez: OK, Vernon. Thank you for your appearance here. You were very
eloquent today. Emilio, I hope you're not going to...
Mr. Rasheed: OK, sir. Thank you for your...
Mr. Emilio Lopez: No problem, I'm just going to ask a question. My name is
Emilio Lopez and I live at 50...
Mr. Dawkins: ------- speak English.
Mr. Lopez: No.
Mayor Suarez: Do your best imitation. Best imitation.
Mr. Lopez: No, what I would like - yes, OK, what I would like to find out is,
when are this process that you established for the Liberty City is going to be
established for the rest of the community because there are other people, like
in Wynwood, Allapattah, other business people who would like to take advantage
of the $250,000 or $270,000 on loans for their communities too.
Mayor Suarez: What about that, Frank? Mr. Manager.
Mr. Dawkins: We don't need Frank. We will do this at the first meeting in
December, I promise you we will have it in place. I'll give the Manager that
directive, OK?
Mr. Lopez: Because you know, there's a lot of people also in other
communities who would like to take advantage of that loan.
Mr. Dawkins: You're being redundant, sir.
Mr. Lopez: OK, I see you later.
Mr. Plummer: Quit while you're ahead.
8. REFER BACK TO CITY MANAGER FOR FURTHER NEGOTIATIONS PROPOSED ACQUISITION
OF CITY OWNED PROPERTY BY MIAMI-DADE COMMUNITY COLLEGE LOCATED AT
APPROXIMATELY NW 20TH STREET AND LOTH AVENUE.
Mayor Suarez: Item 65.
Mr. Dawkins: Hold it, Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I'd like permission. I have two people who asked that they be
heard, item 117 and 81. I'd like to hear them out of order, please.
Mayor Suarez: Proceed.
Mr. Dawkins: 117.
Mr. Duane Hansen: I'm Duane Hansen. I'm Vice President for Administration at
Miami -Dade Community College and Dr. McCabe could not be here because of his
schedule. I'm speaking to item 117 which we've had discussion with Mr.
Williams and his staff about the interest of Miami -Dade Community College, our
medical center campus acquiring approximately two hundred, two hundred and
fifty thousand square feet of land for the expansion of that campus. This is
land which is directly across 10th Avenue from the medical center campus. In
the discussion that we've had with Mr. Williams and his staff, I think that
they are in agreement that the land is under utilized and they are in
agreement that I believe that the functions on the eastern portion of that,
it's possible that they could be moved and we would be interested in utilizing
that land to expand the Medical Center campus.
35 October 22, 1987
Mr. Plummer: Can we see it on a map? Can we see it on a map where the
prop...
Mr. Hansen: Yes, I've got a little...
Mrs. Kennedy: And what are you going to be building on that land
specifically?
Mr. Hansen (Off mike): This is a very small map but what it shows is the
Medical Center campus runs from 20th Street...
Mr. Plummer: Yes.
Mr. Hansen (Off mike): ... 10th Avenue...
Mr. Plummer: Yes.
Mr. Hansen (Off mike): ... the line that we're talking about is directly
across loth Avenue from the Medical Center.
Mr. Plummer: Whoa, whoa, whoa. No, what you're doing then, I thought it was
adjacent to, it's not, it's across the street.
Mr. Hansen (Off mike): It's across loth Avenue.
Mr. Plummer: Yes, but wait a minute. I got some problem with that. The
problem I have with that is when you start digging into that parcel of that
piece of property, we own everything on that block presently with the
exception of our great gift to the Metropolitan Dade County for the transfer
station and they raised our garbage fees first. Mr. Manager, what you're
doing, OK, you're going to be tearing that block up where if the day comes
that we ever want to sell it, that we can't sell the entire block. In my
estimation, and when you start piece mealing this thing off like this, see, my
understanding was it was contiguous to but not across the street.
INAUDIBLE COMMENTS.
Mr. Plummer: Oh yes, that's a big difference because what you're doing, you
are completely defeating the value of that entire block by taking a piece out
of it. I've got a problem with that.
Mr. Odio: Well, from the - let me explain something, Commissioner, from...
Mrs. Kennedy: What were you going to do with it?
Mr. Plummer: Expand the school is what they want to do.
Mr. Odio: Medicine school.
Mr. Plummer: I understand that, Mr. Manager.
Mrs. Kennedy: Yes, but what...
Mr. Odio: From the point of view of the administration, as far as the
operations is, we feel that eventually what we should do is tear down Old
Smokey and convert that area of solid waste and GSA into the one central place
for the City of Miami vehicles including Public Works.
Mr. Plummer: That's fine, then sell the school, the whole piece of property
and get enough money to do that.
Mr. Odio: Fine.
Mr. Plummer: But when you piece meal it off like this, when the day comes to
do something with that block, I'm telling you, I think you're going to have
one serious problem.
Mr. Odio: Well, they might be interested in the whole thing, I don't know.
Mr. Hansen: Well, we...
Mr. Plummer: Sir, why can't you go to the east of where you are?
36
October 22, 1987
Mr. Hansen: Because that's the Lindsay Hopkins Educational Technical Center
and...
Mr. Plummer: All right, then to the south of you is a parking lot.
Mr. Hansen: No, the south of us, sir, is the new Dade County - is the Medical
Examiner's Building which has just been built. So we really don't have any -
we don't have any other direction to go.
Mr. Plummer: Yes, I understand where that block is. It's where your office
used to be.
INAUDIBLE COMMENTS.
Mr. Plummer: That's right. You all want to buy the whole block and give us
enough money to tear down Old Smokey and do what's necessary over there,
that's fine.
Mr. Odio: I have a quote, to tear it down it would cost $300,000.
Mr. Plummer: Well, but that's only $300,000...
Mr. Odio: No, no and then we need to refurbish the whole place to make it a
one central location. So we do need the money.
Mr. Plummer: Hey, I would send this item back to the Manager for further
negotiations at this time and I so move.
Mrs. Kennedy: I'm going to second, but I just want to hear what are your
plans to do - when you talk about expand, please expand your answer.
Mr. Hansen: Yes, ma'am.
Mayor Suarez: Expand on the expansion.
Mr. Hansen: We have received 1.1 million dollars of advance money from the
legislature this past session toward an expansion of that campus for about a
$70,000 square foot building to expand that campus. It's terribly overcrowded
now. And to provide some parking for our students which we need very, very
badly. We are hoping that we would get the rest of the money f rom the
legislature the next session and then we would be able to commence building
approximately a year from now. -
Mr. Plummer: Yes, but what I'm saying is, get enough money and get us out.
Mr. Hansen: And so that's - we desperately need the expansion for that campus
and we think it would be good use for the land also. We're talking about
putting an auditorium there for community use, we're talking about doing some
improvement of the walkway from the Santa Clara station, etc.
Mr. Odio: I think the Commissioner has a point that you should go back and
review whether you can buy the whole block and it's available so that we can
then move the operations into one central location.
Mr. Plummer: Exactly.
Mr. Hansen: We'd be glad to discuss that. We wanted it here for discussion
at this time. I don't think they've done anything in terms of appraisals or
anything. We wanted it for discussion. We would be very interested in
talking to you about the entire portion.
Mayor Suarez: OK, we have a motion and a second.
Call the roll.
Any further discussion?
37
October 22, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-925
A MOTION REFERRING BACK TO THE CITY MANAGER FOR
FURTHER NEGOTIATIONS PROPOSED ACQUISITION OF CITY -
OWNED PROPERTY BY MIAMI DADE COMMUNITY COLLEGE IN THE
VICINITY OF NW 20TH STREET AND LOTH AVENUE, IN
CONNECTION WITH THE PROPOSED EXPANSION OF ITS MEDICAL
CENTER CAMPUS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
9. AUTHORIZE ENTRANCE INTO A COLLECTIVE BARGAINING AGREEMENT WITH
SANITATION EMPLOYEES ASSOCIATION.
Mr. Odio: I believe he wanted to take item 81
Mayor Suarez: Commissioner Dawkins, what was the other item?
Mr. Dawkins: Eighty-one. Sanitations workers.
Mr. Odio: I'm pleased to say we have an agreement with the Sanitation
workers. The basic thing is that there is...
Mr. Plummer: Big Bad Bill won again.
Mr. Odio: There is zero percent increase, by the way, in their salaries in
this year going with the line that everybody is going and they have supported
with a 4 percent next year.
Mr. Carollo: I so move the motion.
Mr. Plummer: Second.
Mr. Bill Smith: Mr. Mayor, members of the Commission. We realize that things
are not what it might be so we have had our ratification meeting and we
ratified our contract by a total of 100 to 2 but we do have a problem that I
want to address here this morning and that is we have a problem of uniforms.We
do not have uniforms for the work force. We cannot get the uniforms replaced.
The Jewel Brothers is not cooperating. We came to you before the contract was
let, told you of the problems that we had with them the last time. The City
went ahead and choose Jewel Brothers again and now I have three quarters of my
work force without uniforms. No one in the department or Labor Relations
seems to be trying to do anything about straightening out our problem with
uniforms. We are tired of being treated as second class citizens when anyone
else has a problem with uniforms, it's taken care of. When we have problems
with uniforms, we are being given the run around and I think it's time that we
need to know exactly when we're going to get uniforms and what the City's
going to do about replacing the uniforms we have not received to this date.
Mayor Suarez: Mr. Manager - Mr. Dawkins, do you want to say something?
Mr. Dawkins: No, I want to know some... I want an answer.
•L
38 October 22, 1987
Mayor Suarez: I'd like an answer. If it's correct, if it's not correct, if
something's being done about it if it is correct. If there be...
Mr. Dawkins: You know, this is not - well, I'll wait for the answer.
Mr. Odio: Mr. Commissioner, it's the first thing I heard about the uniform, I
thought that was resolved...
Mr. Dawkins: No, Mr. Manager, oh, now...
Mr. Odio: No, no, I haven't heard about it.
Mr. Dawkins: No, this is the first time you heard that it's not resolved.
OK, I'm with you. I'm with you there. OK?
Mr. Odio: I'll have Dean Mielke investigate this immediately and make sure
that...
Mr. Dawkins: No, no, I don't want that, OK? We've been through this for four
years and every time we go through it, even with the policemen and with the
sanitation, I haven't heard it from the Fire Department, it's this entity gets
the contract and he decides how many uniforms he's going to present us with
when, OK? Now, there are enough minority contractors out here that you can
farm these uniforms out to and they come up with them. Now, maybe policemen
don't want you to farm it out and come up with the uniform. Maybe they got to
have that macho look uniform. All right, that's fine. But the sanitation
worker, they're picking up garbage. So we should be able to find a Latin and
a black or a woman firm who's willing to make these uniforms and get them to
us when we need them.
Mr. Odio: Yes, sir. Mr...
Mr. Dawkins: Now, because it doesn't - I mean every year we go through this.
Mr. Odic: But the only thing I'm saying is if he had a problem with the
uniforms, he should - he sees me everyday if he wants to and he should have
told me about it.
Mr. Dawkins: But, Mr. Manager, you gave specific orders to buy uniforms
before the end of the contract. You gave that order and the guy delivered
exactly 100 complete uniforms since you gave that order, sir.
Mr. Odio: Then, we need to review that contract and if they're not
performing, we'll cancel the contract.
Mr. Dawkins: It's not that you - Nobody - you're doing all the hell that you
can do.
Mr. Odio: I know, Commissioner, but I just...
Mr. Dawkins: You just can't make the uniforms.
Mr. Odio: ... think that he should have warned me before, that's all. That's
all.
Mr. Dawkins: He waned you and you did all you could do.
Mr. Odio: OK, yes, sir.
Mr. Smith: Mr. Mayor, I got one other little item. You know, we are...
Mayor Suarez: How little is little?
Mr. Smith: Very little. I think that something could be done about it. We
still have a problem with theft on the yard. I mean, we can't leave nothing
in our automobiles, anyone's got the right to come and go. Since the last
time I was there, the City hasn't done one thing as far as making it safe so
that man can leave his automobile there and come back and find it intact.
!Mayor Suarez: I thought we were going to secure the facilities over there.
39 October 22, 1907
r f
Mr. Odio: We have. We have a special task force assigned by the Police
Department. I have not had any reports on theft since we started that patrol.
Mr. Smith: Yes, sir.
Mr. Odio: We still have to make it permanent. We still need to find a
permanent solution to that problem and one of them is by way it's creating
that facility we're talking about as one unit in that area removing the Old
Smokey building down and creating a safer area for work. He's right on that
but we do have a police task force assigned to the area now.
Mr. Dawkins: You know, Bill, I have to tell you again, see. And I don't try
to hide it. This is a cooperation effort, OK? Now, the Commission does what
it can do, the Manager does what it can do and the sanitation workers have to
do what they can do. All right, now somebody over there got to help us police
this thing till we pull it in order. Just don't go inside the building and
let somebody rip off their radios, rip off their whatever it is. Even if the
sanitation employees have to say, let's put a 99 out there, I don't care what
you do. But this is an effort for all of us. I mean, if you've done
something to correct it and it don't work, I'm with you. But don't just keep
coming down here telling me about the guys cars getting ripped off and he's
standing up there watching it get ripped off.
Mr. Smith: Well, there's no one watching, I mean...
Mr. Dawkins: Well, then, let's get together, the three of us, the Commission,
the City Manager and the sanitation employees and let's make some kind of an
adjustment till we get it worked out.
Mr. Smith: I understand that, Commissioner, but all I can do is take my
complaints to the director.
Mr. Dawkins: No, you just did more than that. You brought it to us.
Mr. Smith: Right.
Mr. Dawkins: So, don't say all you can do is take it to him.
Mr. Smith: Because it's not getting nothing done down there, OK?
Mr. Dawkins: All right, so let's... all right, so now...
1 Mr. Smith: I mean if I tell him and he puts some 9 irons out there to help
guard then that's fine. That would give us a plus of someone out there
watching during the day time. But if he doesn't put no one out there, then,
you know...
Mr. Dawkins: You have to come here.
Mr. Smith: I have to come here.
Mr. Dawkins: Well, that's what I'm saying, we all have to work together. Joe
Carollo, bring my basket back because you took it to put your campaign
contributions in.
j Mr. Plummer: Mr. Mayor, you have a motion and a second for approval on 81.
s Mayor Suarez: Moved and seconded on 81. Any further discussion? Call the
t roll.
Mr. Carollo: I'll put it right in the middle here.
Mr. Dawkins: OK.
!I
i'
t
t
ij
i 40 October 22, 1987
i
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-926
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A COLLECTIVE BARGAINING AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE
SANITATION EMPLOYEES ASSOCIATION, FOR THE PERIOD OF
OCTOBER 1, 1987, THROUGH SEPTEMBER 30, 1989, UPON THE
TERMS AND CONDITIONS SET FORTH IN SAID AGREEMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Carollo: Incidentally...
Mayor Suarez: Yes, Commissioner.
Mr. Carollo: ... the last time we met, if I recollect, we instructed the
administration to find some guards.
Mr. Odio: We have a full time guard there now...
Mr. Carollo: OK.
Mr. Odio: ... and we have had no reports...
Mr. Carollo: That is there.
Mr. Odio: ... of incidents since that happened. I can see that Bill should
be concerned and we are concerned too and we'll find a permanent solution.
Mr. Carollo: OK.
Mr. Smith: Mr. Manager, they just took some more uniforms, they took a
lawnmower. I mean if these things are not getting to you, it's not my
problem. The department is aware that these things are happening.
Mr. Carollo: OK. Thank you, Bill.
Mr. Plummer: I'll tell you how to clean it up, give Bill Smith a big stick.
Mr. Smith: That's right.
Mr. Plummer: Instant justice.
41 October 22, 1987
10. DISCUSSION OF POLITICAL CAMPAIGN SIGN REGULATION IN THE CITY OF MIAMI.
Mr. Carollo: Excuse me, Mr. Manager...
Mayor Suarez: Commissioner Carollo.
Mr. Carollo: Mr. Manager, Madam City Clerk, before we finish with the consent
agenda that we have a couple of items that I'd think to still go over with. I
need to bring up some very quick and brief pocket items that are of
importance. Madam City Clerk, excuse me, Madam City Attorney, can you explain
to this Commission what the laws are on having campaign signs out? What size
are they allowed to be?
Mayor Suarez: We've gotten all kinds of confusing memos, Madam City Attorney.
Mrs. Dougherty: I've written several legal opinions on the matter and the
truth of the matter is, they are very, very technical and I'll have to go back
and refer to them and I'll bring it back to you in a couple of minutes.
Mr. Carollo: Can you do that?
Mrs. Dougherty: Sure.
Mr. Carollo: Because, you know, if you recollect, we wanted to be absolutely
sure that we would comply with the law and we...
Mrs. Dougherty: I'm sure the City Clerk's office has copies because I wrote
the opinions to them.
Mr. Carollo: Yes, we had inquired from your office and we were told that
maximum signs that we could have were two feet by two feet.
Mrs. Dougherty: I think that's only in residential properties.
Mr. Plummer: Private resident.
Mr. Carollo: In private residence, that's correct. And we made sure that we
would certainly comply with the law.
Mrs. Dougherty: Yes.
Mr. Carollo: I don't want to see in our City the same thing that's happening
in other areas. Particularly after we went out of our way a few years ago to
make sure that we would implement a very strong ordinance...
Mr. Plummer: He didn't go out of his way, he went to court.
Mr. Carollo: ... that everyone would abide by. And an ordinance, at the same
time, would be fair for all the candidates that would be running. But I'm
going out there right now and seeing signs that are four feet by six feet and
bigger in residential property.
Mr. Plummer: Madam City Attorney, would you give us a ruling at the next
meeting please?
Mr. Carollo: No, no, no, no, no. No, no, no, no, no. I would like to know
before the meeting is over what the exact statute of the law is.
Mrs. Dougherty: Yes, sir.
Mr. Carollo: Or if it's changed since you gave me an opinion when I requested
this of you. That it was two feet by two feet in residential property and
your's...
Mrs. Dougherty: It's four square feet.
Mr. Carollo: Yes.
42
October 22, 1987
Mrs, Dougherty: Which you could have two by two or...
Mr. Plummer: One by three.
Mrs. Dougherty: ... one by three.
Mayor Suarez: One by four.
Mrs. Dougherty: One by four.
Mr. Carollo: So that the maximum that you could have in residential property
then is...
Mrs. Dougherty: It's four square feet.
Mr. Carollo: ... four square feet. Well, Commissioner Plummer, your
headquarters is not a residential property.
Mr. Plummer: No, sir.
Mr. Carollo: So...
Mr. Plummer: And I paid a permit sign fee.
Mr. Carollo: Well, so did we. A pretty hefty permit at that. Now...
Mr. Plummer: Madam City Attorney, also for the edification of the City
Manager, Metropolitan Dade County recently passed an ordinance in relation to
placing things on utility poles. And it is my understanding that there is a
violation and a punishment for those people who are sticking these things up
on utility poles.
Mrs. Dougherty: Yes, sir, that is true and no where on public property...
Mr. Plummer: Mr. Manager, how many arrests have you made?
Mr. Odio: We haven't caught anyone that I know of but we have constantly
removed those signs and I believe the City is quite clean. I keep looking for
them so you won't bother me, Commissioner. We have had special crews out
cleaning signs down and they just keep being put back up but I think the
City's... except for the signs that are cropping up now on the gardens of
residences and I believe that we can...
_ Mr. Carollo: Well, those are private property. The City cannot be involved
with that and should not be involved in that but what I'm referring to is
private residential property that have a limit of a maximum of four square
feet and we make sure that all our campaign signs would abide by the law of
this City and if what I'm seeing now is that some people have to abide by the
law but others do not. And our City administration is not going to enforce
the law, then what's the use of having laws on the book for and us having gone
through the whole process that we did a couple of years ago? Nov, Mr.
Manager, Mr. Manager, I think I'm a little more important right now than
anything else you're doing. What is the process that we are to follow to
immediately take down illegal signs that are in violation of our codes that
are in residential property?
Mr. Plummer: The question is really being asked, if I understand you, Joe,
is, does the City have the right to go on residential property and take down
illegal signs?
Mr. Carollo: Or fine the people if they're in violation of the law, whatever
the case is.
Mrs. Dougherty: That's where they're... that's what the City can do, they can
charge them with a violation of the code. They cannot enter private property
and take the signs down.
Mr. Carollo: And so what is the process the City of Miami can follow?
Mrs. Dougherty: Either take them to the Code Enforcement Board or to County
Court, either one.
43 October 22, 1987
Mr. Carollo: In other words, we could fine them...
Mrs. Dougherty: Yes, sir.
Mr. Carollo: ... for having those signs up.
Mrs. Dougherty: Yes, sir.
Mr. Plummer: Up to $500.
Mrs. Dougherty: It's two fifty a day.
Mr. Walter Pierce: No, up to two fifty a day.
Mr. Carollo: $250 a day, now, Mr. Manager, what are we going to do about
illegal signs that are ups
Mr. Odio: We'll start citing immediately.
Mr. Carollo: Beginning today?
Mr. Odio: Yes, sir. We have cited some.
Mr. Carollo: Well...
Mr. Odio: Well, I know of one specifically on 7th Street that was cited and
removed. So I know we have cited some.
Mr. Carollo: Well, what upsets me is was that I helped implement this new law
after I was asked to help with it and we implemented a law that was to be fair
for everyone but that we all knew from the start that we had to abide by. And
the limit was four square feet in residential property so that we wouldn't see
here what's going on in some other cities around here that, you know, it's
four by eight's everywhere, every two feet you have one hanging out. And now
I'm seeing that not everybody wants to abide by those laws, you know, and the
law is for some people and not for others.
Mr. Odio: Commissioner, we'll continue citing them as we discover.
Mr. Carollo: Including whether they're Mayors or Commissioners.
Mr. Odio: We are - we cannot read.
Mr. Carollo: Well, I hope that's the case. Because if not, I will personally
bring to you a list of illegal signs that are up from one particular
candidate.
Mr. Odio: Yes, sir.
Mr. Carollo: Mow, if I may, I'd like to...
Mayor Suarez: Commissioner.
Mr. Carollo: Yes, thank you, Mr. Suarez and I do hope that the signs that
your campaign printed, Mr. Mayor, that are much more way and above the four
square feet will come down so that we could all begin by giving the example
that we're going to abide by the campaign laws that we voted and approved
upon.
44
i
October
22,
1987
11. DISCUSSION REGARDING MEMORANDUM FROM MAYOR DATED OCTOBER 18, 1987, WHICH
WAS DISTRIBUTED WITH THE PAYCHECKS TO ALL CITY EMPLOYEES.
Mayor Suarez: Do you have another item, sir?
Mr. Carollo: Yes, I do. Some weeks ago, there was a memorandum that was
given, a two -page memorandum that was given to each and every single City
employee from your office, Mr. Mayor, signed by you and what I'd like to find
out from the City administration is, one, where was that paid from, how much
it cost and if that's the usual process that we are allowed to follow when we
want to communicate to the employees now; that we will send a memorandum to
each and every single employee?
Mr. Odio: Well, the cost was, I believe, $752. I might be off some dollars
there.
Mr. Carollo: And from what budget did that come from?
Mr. Odio: From the Mayor's - I'm sending a - we sent a bill to the Mayor's
office that it would come from his budget. Two, I understand from the Law
Department that each one of you are entitled to address the employees in
general if you...
AUDIBLE MALFUNCTION OF THE SPEAKER SYSTEM.
Mr. Odio: That's a message from God.
Mr. Carollo: No, that's a message from the employees.
Mr. Odio: And, yes, I understood then from the Law Department that the Mayor
is entitled to send a memo to the employees.
Mr. Carollo: Well, I just want to find out what is the process that we are
told it can be done now so that we could all be aware of it. I will not, and
I'll say it for the record, be ever sending any kind of memorandum to each
City employee to be received together with their pay check.
Mr. Odio: Commissioner, I'll say it to you here on the record, each one of
you, if you so choose and bring it to me, I'll be glad to put it on the pay
checks. I will not refuse any one of you for doing that.
Mayor Suarez: ------
Mr. Carollo: Well, and again I'll say it on the record, I will not be doing
that, I just wanted to establish what the guidelines were and where was that
two -page memorandum paid from But, the only other thing that I would like to
place on the record, since that memorandum was a memorandum that was to attack
me in trying to get the different City of Miami employee unions or association
to come against me, I would just like to state for the record that I received
the endorsement of the Miami police, Miami firefighters, the general
association of employees of the City of Miami and the sanitation employees of
the City of Miami. I don't know how many of these unions endorsed you, Mr.
Mayor but I know it was not all of them and if you think that it would be
appropriate at this time to thank you for help in getting those endorsements,
you could let me know how much it cost you so that I can put it in my
contribution papers as an in -kind contribution from your part, air. Thank
you.
Mayor Suarez: Very kind in -kind contribution.
Mr. Carollo: Yes.
Mayor Suarez: Mr. Manager, on the issue of the memo, the next time I send a
memo to all the employees, please don't have originals done, I just meant for
you to send copies of a memo. There's no need to spend $700.
Mr. Odio; Mr. Mayor, let me explain on that one. No, no, no...
45 October 22, 1907
Mayor Suarez: No, I don't care why you did it last time, next time just make
copies, please.
Mr. Odio: It's cheaper, it's cheaper.
Mayor Suarez: I'll make copies next time myself.
Mr. Odio: OK.
12. AUTHORIZE LOAN IN THE AMOUNT OF $196,000 TO LITTLE HAVANA ACTIVITIES AND
NUTRITION CENTERS FOR DADE COUNTY, INC. FOR ITS ELDERLY DAY CARE
SERVICES.
Mrs. Kennedy: Mr. Mayor, Josefina...
Mayor Suarez: OK, Madam Commissioner.
Mrs. Kennedy: Josefina Carbonell from the Little Havana Activity Center would
like to say one word.
Mayor Suarez: Where is she?
Mrs. Kennedy: She's right here.
Mayor Suarez: I saw Ted Arison here and I meant to have him make a quick
statement. That item was scheduled, 95 was scheduled for the afternoon. I
don't know if anybody indicated to him that he should be here in the morning
but in any event...
Ms. Josefina Carbonell: Good morning, City Commissioners and Mayor. I'm here
with the understanding that the money that was coming from the legislature was
distributed this morning was brought by one of the representatives. I was
told and it was understood that it was the $196,000 that was coming in for the
Center and I'm here to reiterate my concern for those funds that were awarded
by the legislature and were taken away by the Governor. These two projects
that will run in the City of Miami are extremely important projects inasmuch
as not only will they be the first time that these kind of projects such as a
day care run by elderly people at a very low cost will be available in the
City of Miami but it will be the first time that these kind of services will
be offered statewide. It has the propensity of being able to be duplicated
throughout the State under the new welfare reform program project and
dependents. The Day Care Center for the elderly frail is another pilot
project that would also run to be duplicated in other communities. I urge
your -Individual and collective support from the City of Miami to lobby and to
insure that these funds get appropriated, the operating dollars will be down
here in about a month and the capital expense and the capital improvements
grants is not here.
Mrs. Kennedy: Josefina, we're going to do more than that. Mr. Manager, can
we lend them the money and then make sure that we collect from the Governor's
office? OK, so I so move that the City lend to...
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Where's the money going to come from, Mr.
Manager?
Mr. Dawkins: Not only - hold it, under discussion. I'll fight with Josefina
for everything but you have a Governor up there who has frozen some funds that
he may not turn her loose. Now, in the event that we give Josefina the
$300,000 you're going to have to give the Orange Blossom Classic the $225,000
and you're going to have to given anybody else any money that is frozen. Now,
that's fine because when the Governor gives it to them, they give it back to
us. But in the event the yo-yo decides that he's going to confiscate it, what
are you going to do then? That's all I need to know. Mr. Manager.
46 October 22, 1987
Mr. Odio: It is your decision whether we want to lend her the money. We
could lend her the money but the risk is if we don't get it from Tallahassee,
then she would have to pay back another way. She would have to guarantee
they'd pay it back some other way. But we do not have the money...
Mr. Plummer: Yes, but let me tell you, Miller, my good friend, I see a big
difference between the Orange Blossom Classic and care for the elderly and the
day care. Those programs, in my estimation have got to go on. They cannot
without the funding. The people of the Orange Blossom fully understood at the
beginning that those funds were frozen and hopefully, they will be
forthcoming. But, here again, I think that this obligation to the frail, the
elderly, the day care and all of that, we've just got to see it go and we've
got to take our chances.
Mr. Dawkins: OK, no, no, see, everybody's missing the point. Everybody
agrees with everything that's said. There's nobody in here who does not know
that the services that we're discussing are needed. But I also want to put on
the table and make it known that, how much you need, Josefina?
Ms. Carbonell: It's $196,000 that's appropriated for capital improvements.
Mr. Dawkins: $200,000. If you give her $200,000 and the State does not give
it back to you, that's an obligation that she has to add on to all her other
damn obligations she has that's keeping her from operating now.
Ms. Carbonell: Mr. Commiss...
Mr. Plummer: Well, Miller...
Mr. Dawkins: That's what I want - no, I want everybody to understand, see.
Mrs. Kennedy: Well, I think...
Mr. Dawkins: I'm not against the money at all, see, but I don't want...
instead of helping you, I don't - I want to help you and not hurt you, OK?
Mrs. Kennedy: Well, let's hear from Josefina.
Mr. Plummer: Well, let me just say one thing. I think we have to look, what
is the other side of the coin? If she doesn't get the money from us today or
if she doesn't get it from the State, then those people are turned out into
the street. I think that's the opposite side of the coin that we...
Mr. Dawkins: And eventually, the City of Miami would have to fund it. See,
everything need to be said, see.
Mr. Plummer: OK.
Mr. Dawkins: But, I don't want us to give Josefina $200,000 and then when the
State doesn't give it to her, everybody in the City is saying, she owe us
$200,000 that she doesn't have.
Ms. Carbonell: What I'm requesting is a loan, sir.
Mr. Plummer (Off mike): Quit while you're ahead. Quit while you're ahead.
Mr. Dawkins: I hope now, if I'm in error correct me, you're requesting a loan
with the money from the State of Florida being the collateral.
Mr. Plummer: Call the roll.
Mr. Dawkins: Is that correct?
Ms. Carbonell: There's other collateral, sir.
Mr. Dawkins: All right, see, and all I'm saying, Josefina, if that collateral
doesn't come through, we're in a bind. That's all I'm saying. So how do we
not get in a bind, that's my problem, OK?
Mr. Plummer: We take the Neighbors out of the Miami herald today where she's
on the front page and we sell them for $1.00 a piece.
47 October 22, 1967
Mr. Dawkins: You'll still be $2.00 short.
Mr. Plummer: That's always the story of my life. Call the roll.
Mr. Dawkins: Go ahead, make the motion.
Mayor Suarez: Any further discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-927
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
LOAN $196,000 TO THE LITTLE HAVANA ACTIVITIES AND
NUTRITION CENTERS FOR DADE COUNTY, INC. FOR ITS
ELDERLY DAY CARE SERVICES; FURTHER STATING SAID MONIES
SHALL COME FROM THE EXPECTED $300,000 GRANT AWARD FROM
THE STATE OF FLORIDA.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
13. RATIFY ACCEPTANCE OF A ONE HUNDRED THOUSAND ($100,000) MIAMI POLICE
DEPARTMENT INFORMATION SYSTEM CONVERSION GRANT.
Mayor Suarez: Item 65. Let's move on with these.
Mr. Plummer: Move it.
Mayor Suarez: Item 65's been moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion on 65? Call the roll:•
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-928
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN ACCEPTING A ONE HUNDRED
THOUSAND DOLLAR ($100,000.00) MIAMI POLICE DEPARTMENT
INFORMATION SYSTEM CONVERSION GRANT FROM THE
DEPARTMENT OF JUSTICE, THROUGH THE FLORIDA DEPARTMENT
OF COMMUNITY OF COMMUNITY AFFAIRS, FOR THE PURPOSE OF
IMPLEMENTING A CRIME INFORMATION SYSTEM CONVERSION
WITHIN THE CITY OF MIAMI AS MANDATED BY FLORIDA
STATUTE 943.05; ALLOCATING FUNDS, IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED SIXTEEN THOUSAND DOLLARS
($116,000.00), FROM THE POLICE DEPARTMENT'S FY 087-88
CAPITAL IMPROVEMENT PROGRAM, FOR THE PURPOSE OF
PROVIDING MATCHING FUNDS TO IMPLEMENT THIS PROJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
48 October 22, 1987
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
14. EMERGENCY ORDINANCE: AMENDING SECTIONS 1, 2, 3, 4, SAND 6 OF THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987
FOR FORMALIZING COMMISSION ACTIONS AND IMPLEMENTING BUDGETARY
ADJUSTMENTS.
------------------------------------------------------------------------------
Mayor Suarez: Item 66, emergency ordinance on appropriations.
Mrs. Kennedy: Move. The transfer of funds, I move it.
Mayor Suarez: Moved.
Mr. Plummer: I'm going to second it but I'm going to go into more detail on
it later.
Mayor Suarez: Moved and seconded. Under discussion.
Mr. Plummer: I have nothing to discuss at this time.
Mayor Suarez: You're going to go into more detail, what...
Mr. Plummer: At a later time.
Mayor Suarez: Any further discussion? What's the emergency?
Mr. Carlos Garcia: The City's records must be adjusted before the end of
October so we can close the books.
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 2, 3, 4,
5, AND 6 OF ORDINANCE NO. 10150., THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1987, AS AMENDED, AND ADDING A NEW
SECTION 5.1 TO SAID ORDINANCE FOR THE PURPOSE OF
FORMALIZING CITY COMMISSION ACTIONS AND IMPLEMENTING
BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE
CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
49 October 22, 1987
s
Whereupon the Commission on motion of Commissioner Kennedy and seconded
by Commissioner Plummer, adopted said ordinance by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10327.
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.
15. ESTABLISHING NEW SPECIAL REVENUE FUND CALLED "VISIONS 2000 COMMITTEE"
------------------------------------------
Mayor Suarez: 67, emergency ordinance.
Mrs. Dougherty: This is an emergency ordinance establishing a new special
revenue fund entitled; "Visions 2000 Committee", appropriating funds in the
operation of the same in the amount of 41 thousand...
Mr. Carollo (Off mike): Excuse me, excuse me, time out. Why is this an
emergency ordinance? You know, I'm...
Mayor Suarez: What's the nature of the emergency?
Mr. Carollo (Off mike): I'm getting a little concerned that in a meeting
before the election, we're giving all kinds of emergency ordinances out that
are not emergencies. We're giving hundreds and hundreds of thousands of
dollars out today that should not have come up before this meeting today and
I've gone through here and already, it's just as I glance at a couple of
things, it's over a $1,000,000 that we're giving away today.
Mr. Sergio Rodriguez: This is to receive money.
Mr. Carollo (Off mike): Now, this ain't December, guys and we all don't have
white beards and red coats.
Mr. Odio: Commissioner, I have to clarify what $1,000,000 are we giving away?
Mr. Carollo (Off mike): Well, if you start going through the consent agenda,
this little item, that little item, a hundred for here, 50 for the other one,
there's all kinds of money we're giving away today.
Mayor Suarez: What's the nature of this item?
Mr. Rodriguez: This is to receive monies from the State grant to establish a
revenue fund.
Mr. Carollo (Off mike): You know, I'm going to be here after November so I'm
not worrying about that.
Mr. Plummer: What's the purpose of the emergency?
!Mayor Suarez: What's the nature of the emergency?
Mr. Odio: The money has to be spent before July 15 of 1988.
Mr. Rodriguez: By June 30.
Mr. Plummer (Off mike): That's nine months off.
50 October 22, 1987
Mr. Odio: If the committee doesn't start work soon...
Mr. Plummer: Well, why can't it be just passed on first reading, it's...
Mr. Rodriguez: OK, pass it on first reading.
Mr. Odio: Fine, go ahead and do it. I have no problem.
Mr. Plummer: Well, who recommended that it be put on an emergency?
Mr. Odio: The department did.
Mr. Plummer: Why?
Mr. Rodriguez: To try to make sure that we could spend the money as soon as
possible because we might have to hire somebody to try to do the work for us.
Mr. Plummer (Off mike): I'll move it on first reading.
Mayor Suarez: Moved on first reading. Seconded first reading.
Mr. Carollo (Off mike): It's one heck of a way to run a city.
Mayor Suarez: Any further discussion? Call the roll.
AN ORDINANCE ENTITLED -
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.
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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
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 mec_:ers of the City Commission and
to the public.
16. TEMPORARY DEFERRAL OF CONSIDERATION OF CREATING AND ESTABLISHING THE
BAYFRONT PARK MANAGEMENT TRUST.
Mayor Suarez: Sixty-eight.
Mrs. Kennedy: Mr. Mayor, I'd like this to be heard this afternoon.
Mayor Suarez: Bayf ront Park Management Trust.
Mrs. Kennedys If we could hear it after that.
Mr. Carollo (Off mike): I would like to defer the Miami Herald trust
management committee until after November.
51 October 22. 1967
Mrs. Kennedy: Until after November?
Mr. Carollo: Yes, the next meeting we have, in November.
Mayor Suarez: Is that in the form of a motion?
Mr. Carollo: It's in the form of a motion that we defer this item for the
meeting of November.
Mayor Suarez: So moved.
Mrs. Kennedy: Let me explain, Commissioner Carollo.
Mayor Suarez: You don't need to at this point unless you get a second.
Mr. Dawkins: Secondl
Mayor Suarez: Seconded. Now you can.
Mrs. Kennedy: We have a stack of requests from community groups that want to
use the amphitheater which, by the way, will be open on February, the 14th.
If we don't have a trust in place, we can't do it. Now, what I'm going to be
proposing in the afternoon, I think, is going to be something that all of you
will be very happy with. So...
Mr. Carollo: Only way I'm going to be happy is by getting the Miami Herald
out of Bayfront Park. In all frankness, I understand that your intentions are
very honorable in this but, in all frankness, whether we have this trust
management committee or not in place, that in no way is going to hinder us
from leasing out, renting out that property for any group. I think the City
of Miami has a very capable Convention Center leasing department that can
handle that.
■ Mrs. Kennedy: Right, well we'll come up with even a new list and if there's
time for this afternoon, you know, I'd like for you to see it. If we can pull
the whole group together then we'll have to defer it for the next Commission
meeting.
Mr. Plummer: Well, may I suggest that we have the best of both worlds.
Commissioner Kennedy has indicated she wants to offer a compromise or
something different this afternoon. Let's go ahead and defer it. If you have
something this afternoon that you want to bring up, we'll listen to it.
Mrs. Kennedy: OK.
Mr. Plummer: Don't say we'll vote on it but we'll listen.
Mrs. Kennedy: Right.
Mr. Carollo: Well, no, no, in all frankness, let me just pull back my motion
so she could bring up whatever she would like to bring this afternoon.
Mayor Suarez: Tabled until this afternoon.
Mr. Plummers Fine.
Mr. Carollo: Is that all right, Commissioner Kennedy?
Mrs. Kennedy: That's perfect, thank you.
Mr. Carollo: All right, we'll do that then.
Mayor Suarez: Sixty-eight is tabled until this afternoon.
52 October 22, 1987
17. AMEND SECTION 18-51.4 OF THE CODE ENTITLED "STOCK REPORTS AND
AVAILABILITY", AND PROVIDING FOR DISPOSITION BY THE CITY COMMISSION OF
SURPLUS SUPPLIES, MATERIALS AND EQUIPMENT.
Mayor Suarez: Sixty-nine.
Mr. Plummer: Move it.
Mayor Suarez: Moved. Second reading.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 18-51.4 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, PROVIDING FOR
DISPOSITION BY THE CITY COMMISSION OF SURPLUS
SUPPLIES, MATERIAL AND EQUIPMENT AS THE CITY'S
CONTRIBUTION OR THE CITY'S COMMITMENT IN SUPPORT OF A
PARTICULAR PUBLIC PURPOSE WHICH MAY INCLUDE THOSE
COMMUNITY CIVIC OR SOCIAL SERVICE PROGRAMS AS MAY BE
AUTHORIZED BY THE CITY COMMISSION; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 8,
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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10328.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
18. AMEND SECTION 19-184 OF THE CODE, ENTITLED "MANUFACTURE, SALE, TIME OF
DISPLAY AND DISCHARGE OF FIREWORKS, AND SECTION 19-185, "BOND AND
RESPONSIBILITY FOR FIREWORKS DISPLAY REQUIRED", BY CHANGING TIME
RESTRICTION ON THE DISPLAY OF FIREWORKS AND THR DISPLAY BOND
REQUIREMENT.
Mayor Suarez: Item seventy.
Mr. Plummer: Move it.
Mayor Suarez: !loved. Second reading.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll.
53 October 22, 1987
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 19-184, ENTITLED
"MANUFACTURE, SALE, TIME OF DISPLAY AND DISCHARGE OF
FIREWORKS", AND SECTION 19-185. ENTITLED "BOND AND
RESPONSIBILITY FOR FIREWORKS DISPLAY REQUIRED", OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
AMENDING THE TIME RESTRICTIONS ON THE DISPLAY OF
FIREWORKS, EXCEPT ON CERTAIN SPECIFIED DATES AND
AMENDING THE DISPLAY BOND REQUIREMENT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 8,
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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10329.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
19. AMEND SECTION 54.5 OF THE CODE ENTITLED "SUBDIVISION REGULATIONS" BY
AMENDING SEC. 54.5-12 ENTITLED "DESIGN STANDARDS", TO ALLOW A "T" TYPE
TURNING AREA ON EXISTING DEAD-END STREETS.
Mayor Suarez: Item seventy-one.
Mr. Plummer: Move it.
Mrs. Kennedy: Move it.
Mayor Suarez:. Moved and seconded.
Mr. Plummer: I moved it before, the only reason I'm doing...
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Read the ordinance. Call the roll.
Mr. Plummer: No, wait, wait, let the record reflect that this has been
approved by the Sanitation Department, by the Fire Department and by the
Police Department, that it creates no problem. Let the record so reflect. If
I'm wrong, Mr. Manager, please correct me.
Mayor Suarez: Call the roll.
Mr. Plummer: OK.
54 October 22, 1987
0
s
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54.5 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SUBDIVISION REGULATIONS" BY AMENDING SECTION 54.5-12
ENTITLED "DESIGN STANDARDS," TO ALLOW A "T" TYPE
TURNING AREA ON EXISTING DEAD-END STREETS IF
RECOMMENDED BY THE SUPERVISOR OF PLATS AND APPROVED BY
THE PLAT AND STREET COMMITTEE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 8,
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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10330.
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.
20. AMEND SEC. 30-53 AND SEC. 30-54 OF THE CODE ENTITLED GREEN FEES AND CART
FEES RESPECTIVELY, BY REVISING THE FEE SCHEDULES AT CITY GOLF COURSES
(SEE LABEL #28)
Mayor Suarez: Item seventy-two.
Mr. Plummer: Move it.
Mayor Suarez: Moved. Green fees.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance. Second
reading.
AN ORDINANCE -
AN ORDINANCE AMENDING SUBSECTION (A) (2) AND (B) (1)
AND (2) OF SECTION 30-53, ENTITLED "GREEN FEES", AND
SUBSECTIONS (A)(1)(a), (b) AND (c) OF SECTION 30-54,
ENTITLED "CART FEES", OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY REVISING THE FEE
SCHEDULES FOR CITY OF MIAMI GOLF COURSES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 8,
1967, 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-
55 October 22, 1987
0 0
AYES: Commissioner .toe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10331.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: Although initially passed as presented on the
agenda of October 22, 1987, this item was later reconsidered by motion
87-931, and later passed, as amended, by ordinance 10331. (See label
#28)
21. DEFER CONSIDERATION OF (ITEMS 73, 74 AND 75) LABOR ORDINANCES.
Mayor Suarez: Item seventy-three. Second reading.
Mr. Plummer: Mr. Mayor, in reference to this, is the prevailing wage
situation. There were supposed to be some answers that were forthcoming in
reference to the pension, in reference to the insurance. I have not received
any of that. I met with the people and there was an indication that there was
a problem in the area of pension. That the people outside did not have any
kind of an organization and that was going to be worked on. Now that was the
last that I heard. And I'm questioning, Miller, you were the one who
suggested they go talk to the State about pension and that's what I thought
that they were going to be doing. Now, have you heard anything back on that?
Mrs. Kennedy: You're right and they said that they had some more literature
forthcoming and I haven't received anything either.
Mr. Plummer: And by the proponents not being here present, I'm wondering what
has happened, if anything.
Mrs. Kennedy: Do you want to defer it to the next meeting?
Mr. Plummer: Well, no, I want to know what's going on. Joe.
Mr. Carollo: Yes.
Mr. Plummer: The prevailing wage, I met with the...
Mr. Carollos Excuse me, yes, this item 73, 74, and 75?
Mr. Plummer: Correct.
Mr. Carollos I'd like to defer all these three items.
Mr. Plummer: I'll second the motion, but I still would like to know what
happened, Mr. Manager. Did you meet with any of these people? I met with
them. I outlined, as I said that I would, the areas that I saw as problems
and they were supposed to meet with the administration. It's my understanding
to try to work out these problems and I've not heard anything back. I did
receive your report.
Mr. Odios Yes, but I have not met with them as of this time.
56 October 22, 1987
Mr. Carollo: J.L., part of the problem is that they haven't had the time to
meet...
Mr. Odio: That's the problem.
Mr. Plummer: That's fine with me.
Mr. Carollo: ... both from the administration's part and the other groups...
Mr. Plummer: That's fine with me.
Mr. Carollo: ... so I believe that everybody was in favor of having the items
deferred.
Mr. Plummer: OK.
Mr. Carollo: So I make a motion that we defer items 73, 74, and 75.
Mrs. Kennedy: And 76.
Mayor Suarez: Moved and second.
Mr. Dawkins: Hold it. Seventy-six is my item and I do not want it pulled.
Either vote it up or vote it down. Seventy-six.
Mrs. Kennedy: Oh, I'm sorry, I thought it was... OK, I thought it was part
of it.
Mr. Carollo: I said 73, 74 and 75.
Mayor Suarez% Yes, 73, four and five. We have motions to defer those three
items. Do we have a second?
Mrs. Kennedy: Second.
Mr. Plummer: Yes.
Mr. Foeman: Yes.
Mayor Suarez: Second. Any discussion on the motion? Call the roll.
THEREUPON, the City Commission on motion duly
made by Commissioner Carollo and seconded by
Commissioner Plummer, deferred consideration of
the above matter by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
57 October 22, 1987
22. REQUIRE OWNERS OF MINORITY AND WOMEN -OWNED BUSINESSES SUBMITTING BIDS
FOR CONSTRUCTION CONTRACTS TO BE CERTIFIED IN THE FIELD FOR WHICH THE
CONTRACT IS LET.
Mr. Dawkins: I move 76.
Mayor Suarez: Yes on 73, four and five.
Mr. Plummer: I'll move and I'd like to discuss one other provision which I
think I've entered into the record before. I am concerned in the area of
minority set asides where, in fact, it is a locked in situation and I have no
problem with that. Mr. Mayor and my colleagues, I was watching the cable the
other day in reference to some minority set asides...
Mr. Carollo: I'm sorry, J. L.
Mr. Plummer: ... on Metropolitan Dade County. I think, Mr. Manager, we have
to establish that if a minority is to be awarded the bid, it must be within a
certain percentage of the low bid. Without using anything of exact numbers,
let me give you as I recall, in reference to electrician, the prevailing wage
at the time of the bid was around $16.00. A minority realizing that they had
a lock made a bid that contained the cost for electricians at $26.00. They,
needless to say, went into an uproar because they had agreed to set aside so
much for minorities. Now, I think there has to be something, and I'm not
going to be the one to try to establish that, but for them to be guaranteed
work, it has to be either within a percentage of what is estimated by the
department or a percentage of the low bid because, if not, there is absolutely
no way. We, in fact and I voted for, gave them a monopoly in a sense but it's
still got to be within reality.
Mr. Odio: You are correct, Commissioner.
Mr. Dawkins: Under discussion.
Mr. Plummer: Yes, sir.
Mr. Dawkins: I, for one, never sat here and voted as a minority set... aside
a giveaway. It has been my stand then and it is now, that when minorities are
set aside, it's set aside for minorities to bid on among themselves. If it
says black minority, that means blacks should bid among themselves. If it
says Latin minority, it says women minority. I never, and I don't think it
was the intent of the legislation passed by this Commission to say that a
black set aside is for Miller Dawkins only and he can come in with any price
that he wants and he must get the job. That never was the intent of this
legislation.
Mr. Plummer: It was not the intent of my comment for a given individual,
Miller.
Mr. Dawkins: No, no, no, but see, I'm saying that it must be a competitive
bid among them.
Mr. Plummer: Exactly the point that I'm trying to make.
Mr. Dawkins: That's what I'm saying and I'm saying, J.L., that that was our
intent.
Mr. Plummer: OK.
Mr. Dawkins: That's all, I'm with you. I'm saying...
Mr. Plummer: As long as we understand. It's not written in at the present
time. OK?
Mr. Dawkins: OK, well write it in.
58 October 22, 4987
Mr. Plummer: What I'm saying to you and you all, you the administration
establish what is fair. We are proposing an amendment right now on November
the 3rd that a local company gets a 10 percent advantage. And I think that -
I hope to God it passes because I want to keep my dollars here in this
community. Now, I think when you have a minority set aside and it is, let's
say as Miller says, a black minority, and they're going to be competing among
themselves, there must be established a percentage between what is estimated
and what is bid. You understand what I'm saying? If not, if it is
guaranteed...
Mr. Dawkins: Let me give you an example of what J.L. is saying, OK? On the
arena, see, they put out a black set aside, a bidder came in $147.000 above
the estimated cost of the project. He was called and asked, what project are
you bidding on? He told them. They said, what sheet are you looking at? He
told them. They said, well, are your numbers correct? He said, yes they are.
So he was out because you can't go $140,000 above the estimate and be
competitive. So he lost because he was not competitive and that's the name of
the game. If we set up here and give out contracts and I will use blacks
because I'm black, and they can't compete competitively, you've crippled them.
You haven't helped them at all because then he does not know how to compete
competitively and when you stop giving him work, he's lost.
Mr. Plummer: OK, I'm just giving that for what it's worth and I hope that you
can incorporate some language in there to protect the City.
Ms. Adrienne MacBeth: Mr. Commissioner, we, in the ordinance that we have
which differs from Dade County, the protection is contained in our ordinance
and in fact, we do not recommend the set aside unless we do have at least four
bidders who will provide a competitive bid. In addition to that, even the set
asides are judged according to the standard that you establish saying that if
they did not fall within the certain percentage of the engineers' estimates,
they are rejected. You will be considering such a rescinding of a bid award
today just on that basis.
Mr. Plummer: Thank you, ma'am.
Mrs. Kennedy: Well, I still think that this is going to do more harm than
good because at least 90 percent of the women owned companies out there are
not certified.
Mr. Plummer: Well, you can argue that one back and forth but still, here
again, if they are the owner, the buck and the final word stops with them and
if they're not certified or qualified, then it's tokenise.
Mr. Dawkins: Then, they're not a minority qualified for the job. That's all.
You see...
Mrs. Kennedy: And a lot of the black companies out there also I understand
are not certified.
Mr. Dawkins: But you see, there again, I'm not concerned about competency.
I'm concerned about rent a person, OK? Now, I'm going to give you a good
example that we just went through, all right? Three V Construction Company,
OK, a minority firm came in, the community beat us over the head, we gave 3 W
the contract and they're not certified. They had to go back and get a white
man to come in and get the bond and he get - how much of the contract he got
for doing that?
Ms. MacBeth: His fees, I understand, sir, is 6250,000 but...
Mr. Dawkins: So now, a black come in here and misused the system and he pays
a white man $225,000 to help him misuse the system. And he's not certified.
And all I'm saying is that if 3W, according to my offering here, had cone in
and was not qualified, he'd automatically been disallowed.
Ms. MacBeth: Mr. Commissioner, the 3V Company does, in fact have, as a part
of their three party ownership, a certified general contractor and, in fact,
the 3W Company should have been capable of performing this job but that
doesn't detract from your point.
Mr. Dawkins% What does the law says about ,joint venturing?
59 October 22, 1907
Ms. MacBeth: In terms of?
Mr. Dawkins: There's a Florida State law says that if you have a company and
You joint venture with anybody, you cannot joint venture on another job until
you have completed that job. So 3W lied and violated the law and tell them
Miller Dawkins said it.
Ms. MacBeth: Yes, I have no problem saying that.
Mr. Dawkins: And that I will be passing legislation to ensure that 3W would
get no more work at the City of Miami as long as I set up here at the
Commission and can get two votes.
Ms. MacBeth: I think the basic problem, Commissioner, that we've asked the
Public Works Department to address is that in the bid specifications, we need
to be clearer about the levels of certification and competency we're looking
at.
Mr. Dawkins: No, Ma'am - you see, you get - all right, since you're there,
I'll get you in it, OK? For the arena, we had a female contractor come in for
what, structural what?
Ms. MacBeth: Plumbing. For plumbing.
Mr. Dawkins: Structural steel too.
Ms. MacBeth: Oh, steel, OK.
Mr. Dawkins: All right, give me the structural steel. Explain that to us.
Ms. MacBeth: Well, I'm not trying to argue your point, Commissioner, was...
Mr. Dawkins: No, no, no, no. No, no, no, no, no. Explain to me what
happened on the structural steel contract.
Ms. MacBeth: The one that I'm aware of, Commissioner, was the plumbing
contract that we had meetings about.
Mr. Dawkins: All right, well let me take you through the structural steel
since you don't seem to be aware of it and you minority procurement officer.
A black lady came in with a white firm in structural steel. They got the
contract and she didn't know what a rivet was. OK? And they didn't get the
contract because they couldn't make it. Now you can tell me about the
plumbing one. Tell me about the plumbing one.
Ms. MacBeth: The plumbing was a case where we had a female owned company that
got the bid over a black owned company.
Mr. Dawkins: Female owned the company what?
Ms. MacBeth: The plumbing company was a female owned company who got the bid
over a black owned company.
Mr. Dawkins: And what does that - and what is her occu - she, what is her
daily occupation?
Ms. MacBeth: As I understood it, she was president of that company.
Mr. Dawkins: No, no, no. What is her - not what is her position in the
company. What was her daily occupation?
Ms. MacBeth: I think she was an attorney.
Mr. Dawkins: She's a practicing attorney, right? But yet she come in as a
minority lady and got the contract and her daddy owned the company that was
doing the work. That's all, but if nobody up here understand what I'm trying
to do, I have no problems with it.
Ms. MacBeth: I don't think anybody misunderstands you, air, I think the
problem is that what we're trying is not to eliminate the potential for some
of the smaller companies to be able to participate in these programs.
60 October 22, 1907
Mr. Dawkins: If you don't start some place... you see, that's my trouble,
I've been black 62 years and everybody keeps telling me, wait. And I continue
to wait and it doesn't get any better, OK? So I don't have no problems with
it because I don't have that much longer to sit here and wait to see it. Call
the roll. Did I get a second? Was it seconded?
Mr. Plummer: Yes, I seconded it.
Mr. Foeman: Yes.
Mr. Dawkins: OK, call the roll.
Mr. Plummer: You got three people, that's all you need.
Mayor Suarez: How is the motion stated?
Mr. Dawkins: That's all, go up and down, I don't care. It doesn't make no
difference...
Mr. Foeman: It's as stated.
Mayor Suarez: In favor the item as presented in the agenda?
Mr. Foeman: Yes, yes it is.
Mayor Suarez: Who moved and who seconded it, you...
Mr. Dawkins (Off mike): I moved it and...
Mr. Foeman: Commissioner Dawkins moved it.
Mayor Suarez: OK, any further discussion? It's an ordinance, right?
Second
reading? Read the ordinance, Madam City Attorney.
THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD.
Mayor Suarez: Do we hear from Adrienne on this? Yes, I do
have a
clarification before I vote. Adrienne.
Ms. MacBeth: Mr. Mayor and Commissioner Dawkins, the only point I'm really
trying to make, I guess, is that we clarify in this what it is we're
meaning
by certified. There are various levels of certification.
Mayor Suarez: What would be the most logical and feasible meaning
that you
would recommend that we put into this ordinance?
For certification.
Ms. MacBeth: That the certification be related to the ownership of
the firm
as opposed to the competency of the area that they're bidding on.
Mayor Suarez: That's what I thought it was about. You know why it
worries
me, Commissioner? Remember, let me give you one example.
Mr. Dawkins: I'm not going to accept any amendments to it, you vote
it up or
vote it down.
Mayor Suarez: Commissioner, let me give you one example.
Mr. Dawkins: OK, fine, but I'm still say I will not accept...
Mayor Suarez: But let me Siva you one example because you've been at the fore
front of the battle on AIA appraisers and you have said that any appraiser,
whether he's licensed or quote unquote, certified by AIA, should be allowed to
bid and because we typically used to try to go to certified appraisers under
AIA, we could never get to minorities. That's what worries me in this
particular case. And if you mean by - if the ordinance means that they have
to have ownership and actually be the entity that we're awarding it and not
someone else coming in, I have no problem with it, but I don't want to get
Into the whole field of certification beyond what we usually put into our
specs; certified and the way we usually require, that's all.
61 October 22, 1987
Ms. MacBeth: Mr. Mayor and Commissioner Dawkins, this might help, if, in
fact, none of the companies who participated in the arena project were
certified by us. That's one point to be made. If we were to have the
requirement that, in fact, in order for those companies to be able to take
credit for either female or minority participation, that they would, in fact,
have to be certified by us, it would...
Mayor Suarez: Certified as being a minority owned company.
Ms. MacBeth: Yes, because our ordinance says that not only do you have to own
51 percent, but you also have to be participating 51 percent in the management
of that company. So, I would not have certified that company under those
conditions.
Mr. Dawkins: OK, well all right, go back, go back - I'm sorry, go ahead.
Mr. Plummer: That's not the way I understand it. Excuse me, I don't
understand that this way.
Mr. Dawkins: Me either.
Mr. Plummer: It is not certified that they're a minority. The language is
very clear, it says certified in the field in which the contract is to be let.
Mr. Dawkins: That's all.
Ms. MacBeth: Yes, sir.
W Mr. Plummer: That is not a minority. That is if they're in the plumbing
field, they're certified plumbers.
Mr. Dawkins: As a plumber. That's right, that's right, that's all.
Ms. MacBeth: May I give another example, please.
Mr. Plummer: Exactly.
Ms. MacBeth: Today you will be considering rescinding an award which was a
black set aside. This is the second time this bid has gone out, it's on
street improvements in the Overtown area. The reason that the bid...
Mayor Suarez: To a what kind of contractor? Do you mean to a general
contractor?
Ms. MacBeth: For black contractors.
Mayor Suarez: But what kind of a contract is it, Adrienne?
Ms. MacBeth: For cement contractors. The reason it's being rescinded is
because the individual or black contractor has a state certification in cement
pouring. He does not have a Dade County certification in concrete.and form
which is also required.
Mr. Dawkins: So, that's his problem.
Ms. MacBeth: So my point to the Commissioner In simply that there are levels
of certification that individuals who are competent and capable and qualified
black and other minority contractors have that will eliminate them from
participating in this program if we pass this ordinance.
Mr. Dawkins: Well, what prohibits or what has prohibited that individual from
being state certified or Dade County certified?
Ms. MacBeth: The individual had no need to, sir. The individual has
performed for Dade County and for the State of Florida and has not been
required to have that level of certification.
Mr. Dawkins: All right then he... Hold it, hold it, hold it, hold it t Wait
now, wait one minute, wait, wait No., wait now. The individual has not need
to be certified?
62 October 22, 1987
Ms. MacBeth: in other words, he's able to form, he's able to pour concrete,
he's able to perform those jobs for the State and for the Dade County. The
City requires that in addition to the concrete...
Mr. Dawkins: Then he can become certified in this county.
Ms. MacBeth: He would have to go to the county and get the additional
certification.
Mr. Dawkins: Then my point is well taken. All he has to do is go get
certified. Why should I - oh, I'm not - you all go ahead.
Ms. MacBeth: The only point I think I'd like to leave oh the floor, sir, is
that I think that we would attempt to be very careful before we pass an
ordinance like this unless we are very clear as to what we are talking about
when we say, certified, because there are various levels of certification.
Mayor Suarez: Could we put minimum legal certification and leave to...
Ms. MacBeth: As required by the State of Florida would help us.
Mayor Suarez: As required by the State of Florida.
Ms. MacBeth: It would eliminate some of the...
Mr. Dawkins: That does not help my local people.
Mr. Plummer: Excuse me, Mr. Mayor...
Mr. Dawkins: You see, I'm still trying to get people locally to work and you
people keep telling me about the State.
Mr. Plummer: Mr. Mayor...
Mr. Dawkins: What about in Dade County?
Mayor Suarez: Yes, Mr...
Mr. Plummer: You have a man who sits on the Dade County Certification Board.
Could we hear from him?
Mr. Dawkins: Oh Lord, no.
Mr. Gene Marks: Oh, yes.
Mr. Plummer: He sits on the board, I mean...
Mr. Marks: I helped write the law.
Mr. Dawkins: Go ahead, Gene.
Mr. Gene Marks: I'm Gene Marks, 13100 S. W. 69th Avenue. I've been chairman
of the construction trades qualifying boards for 28 years and helped write
what they call chapter 10, certification of contractors. Mr. Dawkins, you and
I have talked about this. The way it's been not up, on the minority set
asides, I could take the girl that works in my office, start another company,
give her 51 percent of the stock, bond the job for her, become low bidder and
rent all the equipment from Marks Bros. Company. And that is what's being
done.
., Mr. Dawkins: That's all. That's all I'm trying to say.
Mr. Marks: Now, as we've talked on this, there is certification, state
certified contractors and there's Dade County certified contractors. A State
general contractor is unlimited in his scope of work except engineering
construction work. He cannot do roads, bridges, highways, water treatment
plants, sewage treatment plants. There is a qualification for the gentleman
you were just speaking about on concrete work. We do have in Dade County what
they call concrete work which includes sidewalks, curb and gutters, non
structural slabs. This thing has been bothering me for years because there's
been so many fake fronts of using people to get this type work and the person
that I feel who owns the controlling interest in the company should be the one
that holds the certificate of competency.
63 October 22, 1987
Mr. Plummer: But Gene, give us, give us - we're trying to find as said, how
do we come about a level of certification? Do we adopt that they must be Dade
County certified? Do we adopt that they must be State certified and that's
adequate? I think what we're trying to say is that we want the people to be
certified and we want them to be local. I would have no problem that they
have to be Dade County certified since they're doing the certifications of
most.
Mr. Marks: J. L., under state law, you cannot exclude the state...
Mr. Dawkins: I'll accept the state, we'll accept the state.
Mr. Marks: ... now what happens is this that when Dade County puts out a bid,
they list it in the bid documents what type of certificate that you would have
to have to bid this job. Then it goes back, which they have a fellow out
there, Larry Resnik, that checks it. Now the rule of thumb is this, that if
you are an electrician and you bid a vault building, you know what I'm talking
about, yet over 51 percent of the total cost is electrical, the electrician
can be the prime builder. If it's over that, the electrician cannot build a
building.
Mr. Plummer: Why can't we just incorporate in this ordinance the wording
which says...
Mr. Marks: Chapter ten.
Mr. Plummer: ... that they must be Dade County certified in those areas that
there is a requirement, a certification, they would have to comply and in the
areas there's not, they wouldn't have to comply.
Mayor Suarez: Adrienne, how about that?
Mr. Plummer: Why can't we just incorporate that?
Ms. MacBeth: Sir, that could happen if it could happen in conjunction of my
having some level of authority to be able, in fact, to even certify at the
ownership and management level because I think that's really the key of what
Commissioner Dawkins is trying to get at.
Mr. Plummer: But that's...
Mr. Marks: I think Mr. Dawkins is talking about not only in management, you
can have management and that person may not know anything about structural
steel, plumbing, mechanical or anything else.
Mr. Dawkins: Not the management, she just told me about the lady who's a
lawyer, who practices law everyday and got a plumbing company, J.L.
Mr. Plummer: But she's got to be a certified plumber.
Mr. Dawkins: That's right now....
Mr. Plummer: OK, that's what we're saying.
Mr. Dawkins: I'll buy that, I'll buy that. Yes.
Mr. Plummer: That They have to be certified by Dade County.
Mr. Dawkins: That's all.
Mr. Marks: That is what we're talking.
Mr. Dawkins: That's what I'm talking. That's all.
Mr. Marks Who ever holds controlling interest in the company, the certified
minority must hold a certificate of competency in the trade that's doing the
j ob.
Mr. Plummer: Exactly.
Mr. Dawkins: Exactly, that's the word.
64 October 22, 1987
Ms. MacBeth: Any my only point is that if that could apply to the controlling
interest of whatever that structure is...
Mayor Suarez: The controlling interest is the whole idea.
Ms. MacBeth: Exactly. And if that then tied into the City's certification
process as it related to ownership and management, then it would make it a
little easier, I think, for us to be able to assist minority contractors
through this process.
Mayor Suarez: OK, does that require a wording change in what we've got in
front of us and, if so, what would it be?
Ms. MacBeth: Well, what I would be asking for would be to have the change to
indicate that the office that I manage would be a part of that certification
process and if we did not certify that in fact they would not be eligible to
participate.
Mrs. Dougherty: That's already in front of the ordinance.
Mayor Suarez: Can we put...
Ms. MacBeth: That's in 1062 but it's not a part of this.
Mrs. Dougherty: It still is applicable. I don't understand.
Mayor Suarez: It's part of the City Code already?
Ms. MacBeth: The certification process as contained in ordinance 1062, the
minority procurement ordinance.
Mayor Suarez: As long as it's understood that this does not in any way
denigrate that.
Mr. Dawkins: And if that was doing the job, you wouldn't need this. Come on,
please, give me a break here will you please.
Mr. Plummer: Madam City Attorney, get us off the hook. We know what we're
trying to accomplish but what is the proper wording?
Mrs. Dougherty: I know what she's trying to accomplish and I don't think that
this in any way...
Mr. Plummer: No, no, no. She isn't voting.
Mr. Dawkins: No, no, no. No, no, no. Forget about Adrienne, I'm talking
about the Commission, what we're going to vote on, OK? I'm not voting on what
Adrienne's talking about, me I'm not going to vote on what Adrienne is
presenting. OK, so don't tell me, don't explain that to me, I'm not voting on
that.
Mr. Plummer: May I suggest that we give the City Attorney lunch hour to come
up with the proper wording acceptable to Commissioner Dawkins and we vote on
it after then.
Mr. Carollo: I agree with that.
Mr. Dawkins: Thank you.
Mr. Carollo: I agree with that.
65 October 22, 1987
23. INSTRUCT CITY ADMINISTRATION TO CORRECT SIGN DESIGNATING MEMORIAL BLVD.,
TO READ THE FULL AND PROPER NAME OF SAID AVENUE - CUBAN MEMORIAL BLVD.,
AND DELIVER THE SAME TO MIAMI HERALD FAIR CAMPAIGN PRACTICES COMMITTEE.
------------------------------------------------------------------------------
Mr. Carollo: Now, if I can bring something up briefly, clarify, some people
could go home. We have a group here that represents quite a few different
organizations and their concern is that Cuban Memorial Boulevard, where the
Brigade 2506 Monument is at and where their other monuments were at, that
street's name had been changed when we had the street name changes in Little
Havana. I just want it clarified and put it in the record, Mr. Manager, that
that has not been the case and that that particular boulevard, S.W. 13th
Avenue, still also codesignated as Cuban Memorial Boulevard.
Mr. Plummer: That's correct.
Mr. Carollo: COMMENTS IN SPANISH.
INAUDIBLE COMMENTS.
Mayor Suarez: Go ahead and come up to the mike.
UNIDENTIFIED SPEAKER: Mr. Mayor, Commissioners. We are impose that the name
won't be changed but already is changed. The sign that pointed the name of
the street is already erased. It don't say any more Cuban Memorial Boulevard.
Mr. Carollo: They took it down?
UNIDENTIFIED SPEAKER: Yes. Right now they say only Memorial Boulevard. So
we want to reincorporate the name, Cuban Memorial Boulevard on the signs.
That's all the matters.
Mr. Carollo: I will make a motion that we instruct the City administration
that immediately that will be corrected.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded.
UNIDENTIFIED SPEAKER: Well, thank you very much.
Mr. Dawkins: Well, thank you for bringing it to our attention, that's all.
Mayor Suarez: Any further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-929
A MOTION INSTRUCTING THE CITY ADMINISTRATION TO TAKE
ALL NECESSARY STEPS TO CORRECT EXISTING SIGN CURRENTLY
DESIGNATING "MEMORIAL BOULEVARD/S.W. 13 AVENUE" TO
READ THE FULL PROPER NAME OF THAT AVENUE, "CUBAN
MEMORIAL BOULEVARD/S.W. 13 AVENUE"; FURTHER
INSTRUCTING THE CITY CLERK TO SEND A COPY OF THIS
MOTION TO THE MIAMI HERALD FAIR CAMPAIGN PRACTICES
COMMITTEE.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote-
66 October 22, 1947
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. Carollo: While voting yes, also I would like to instruct the City Clerk
to send a copy of my motion to the The Miami Herald's fair practice campaign
committee.
UNIDENTIFIED SPEAKER: Thank you.
------------------------------------------------------------------------------
24. ALLOW SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN RESTAURANTS AT
BICENTENNIAL, BAYFRONT AND FT. DALLAS PARKS.
----------------------------------------------------------------------------
Mayor Suarez: OK, 76 was tabled, 77.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Move it. Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance, first reading.
Call the roll.
AT THIS POINT, THE CITY ATTORNEY READ THE TITLE OF THE ORDINANCE INTO THE
PUBLIC RECORD.
Mr. Carollo: Move.
Mr. Plummer: Wait, whoa, whoa, whoa, whoa, whoa. Question.
Mayor Suarez: Commissioner.
Mr. Plummer: Mr. City Manager, it's not saying who is going to control these
sales?
Mr. Odio: We control that. We, the City, control this...
Mr. Plummer: And on each and every case there will be an application?
Mr. Odio: Yes, except when we're planning to come out with an RFP for your
approval on Ft. Dallas Park. Once we award that, then who ever...
Mr. Plummer: That's fine, but I'm - yes, but on the other two...
Mr. Odlo: ... we control.
Mr. Plummer: ... we will issue permits, it's not just carte blanche.
Mr. Odio: No.
Mr. Plummer: OK, just want to make sure.
Mayor Suarez: Call the roll.
67 October 22, 1987
AN ORDINANCE ENTITLED -
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;
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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
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.
25. A. AUTHORIZE PREPARATION OF CERTIFICATES OF APPRECIATION TO THOSE
INDIVIDUALS WHO PROVIDED ASSISTANCE TO THE FLORIDA LEAGUE OF CITIES AT
ITS ANNUAL CONFERENCE.
B. AMEND SECTION 53-161 OF CODE ENTITLED "CONVENTION
CENTER/INTERNATIONAL CENTER: SCHEDULE OF FEES", BY ADDING THE RATES FOR
THE NEW EXHIBIT HALL AT THE MIAMI CONVENTION CENTER.
Mr. Plummer: Move 78.
Mayor Suarez: Seventy-eight.
Mrs. Kennedy: Second.
Mr. Plummer: Under discussion. Mr. Mayor, I want to tell you and my
colleagues of the Commission that I made a threat on the City Manager's life
that if, in fact, this exhibition space which is being done presently
embarrassed my Commission, embarrassed me or the Commission with the Florida
League of Cities Convention, that I would execute that threat. I'm happy to
tell you that it was in no way any embarrassment to this City. I would like
to thank the City Manager for issuing the memo and Mr. Pajares and in
particularly, Ann Sterling. Ann actually made us all look good. She very
much did.
Mr. Carollo: Absolutely.
Mr. Plummer: And we had almost 2000 delegates there for four days. They have
done nothing but sung praises of the City of Miami and that's the kind of
thing that I think we like to hear. They came down here and went home with a
tremendously different feeling and I would ask that this Commission after this
particular item, that we thank those people in our administration, we're
always quick to criticize, we should be just as quick to praise when a job was
well done. And I personally, as your delegate to the Florida League, want to
say think you to the administration for making us all look good and in
particularly doing a good job for the convention.
Mrs. Kennedy: Aye, aye.
Mr. Odio: I'm in shock.
68 October 22, 1987
Mr. Plummer: May I, Mr. Mayor, move that first that those certificates of
appreciation be given?
Mrs. Kennedy: Second...
Mr. Carollo: Yes.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Oh,
you're moving first the certificates?
Mr. Plummer: Yes, just the...
Mayor Suarez: Call the roll on that.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-930
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
HAVE CERTIFICATES OF APPRECIATION PREPARED TO THOSE
DESIGNATED INDIVIDUALS WHO PROVIDED ASSISTANCE TO THE
FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE, WHICH WAS
HELD ON OCTOBER 17-19, 1987, AT THE MIAMI HYATT
REGENCY HOTEL.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Carollo: Before I vote, Tony, I want you to be very sure that you all
want to accept these certificates because usually when we give certificates,
that means there are no raises coming for the year. It's either one or the
other. I vote yes.
Mayor Suarez: Yes. In lieu of raises, we'll give you a certificate.
Mr. Plummer: I now move item 78.
Mayor Suarez: Seventy-eight's been moved on first reading.
Mrs. Kennedy: Second.
Mayor Suarez: Second. And read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
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.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote-
69 October 22, 1987
0 0
AYES: Commissioner Joe Carollo
Commissioner Miller 3. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
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.
26. AMEND SEC. 1 OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN
ORDINANCE (ORD. NO. 9590), BY MODIFYING THE QUANTITY, TYPE AND TIMING OF
PAYMENTS OF CONFORM WITH FLORIDA STATE LAW.
Mayor Suarez: Seventy-nine.
Mr. Plummer: Mr. Mayor, somewhere along this day, I've got to take some time
of this Commission. It's in relation and it ties in with 79. As you know, I
am a member of the South Florida Regional Planning Council. Pending before
that Council presently is the Downtown Development order for the City of Miami
which the applicant is the DDA. Mr. Mayor, at the last meeting, there were
many items in that development order that caused me a great deal of concern.
Fully understanding that I sit there independently from this Commission and
can vote independently, one of the things that bothered me was that the
Overtown, where's Miller? The Overtown Park/West was excluded from that
development order. To me it is a very contiguous part to the downtown
development. There was another provision in that order that said that this
Commission had to support and fully support People Mover financially the
downtown extension of the People Mover and it must be in place by 1992 or this
City would have to pick up the tab for all of the infrastructure that was
created between now and 1992. Mr. Mayor, that could be devastating. I am
sending to you today, to each one of you, a copy of that development order and
I am going to ask you to please respond back. That thing is coming up again
on November the 2nd in which I will be voting. Another thing in there that it
takes away the flexibility of this City. We are prohibited from down zoning.
We can up zone but we can't down zone. Mr. Mayor, there are about nine areas
of concern, very serious concern. The DDA is the applicant. They have no
money if, in fact, these items come to bear on this City, to pay for those
items that could be extremely expensive items to this community. I please beg
with you, each and everyone of you, when I send you this document today that
you go over it with a fine tooth comb and make your thoughts known to me. We
will still have the opportunity on November the 12th as a Commission to accept
or reject, but it does affect all of the development in the downtown area. It
is a very serious document with far reaching consequences if certain things
don't happen. Metropolitan Dade County is not voting on the extension of the
People Mover until November the 3rd. I beg of you, please, read this with
care and make your thoughts known to me and to Sergio who will be meeting with
the staff of the South Regional Planning Council the first of the week and I
would ask you, please, do not send me up there with any misunderstandings on
behalf of my colleagues. Mr. Mayor, I had to put that on the record.
Mr. Carollo (Off mike): Would you repeat that again, J.L.?
Mr. Plummer: No, I won't.
Mr. Odio (Off mike): Repeat it again, I didn't hear it.
Mr. Plummer: I move item 79.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance.
Mr. Plummer: Call the roll.
70 October 22, 1987
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
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.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: Item 72 was tabled for reconsideration later in
the Commission Meeting.
27. AMEND CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE (NO. 10187) BY
ESTABLISHING THE MANUEL ARTIME RENOVATION PROJECT.
Mr. Carollo (Off mike): -------- on item 80.
Mr. Dawkins: Move it, whatever 80.
Mr. Carollo (Off mike): I move that....
Mr. Dawkins: What is 80, Joe?
Mr. Carollo (Off mike): Commissioner Dawkins seconds it.
Mayor Suarez: Item 8019 been moved and seconded on accepting the
appropriations from Manuel Artime renovation. Now that we have the money, I
guess we can accept it.
Mr. Dawkins: That's all right, he already gave us the check this morning.
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 10187 ADOPTED
DECEMBER 11, 1986, AS AMENDED, THE CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY ESTABLISHING
THE PROJECT ENTITLED •MANUEL ARTIMB 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.
Was introduced by Cosraissiones Carollo and seconded by Comnissionas
Dawkins and was passed on its first reading by title by the following vote-
71 October 22, 1987
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
I
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.
-----------------------------------------------------------------------------
28. A. RECONSIDER PREVIOUSLY TAKEN VOTE ON ORDINANCE NO. 10331.
B. AMEND SEC. 30-53 ENTITLED "GREEN FEES" AND SEC. 30-54 ENTITLED "CART
FEES", OF THE CODE, BY REVISING THE FEE SCHEDULES OF CITY GOLF COURSES.
(See label #20)
------------------------------------------------------------------------------
Mayor Suarez: Item 72 and then we'll go to 52. No?
Mr. Odio: No, no, no, Commissioner, I think it's 52. Is this Neil Colzie
item?
Mr. Dawkins: No, I want 72 and we also want 52.
Mayor Suarez: Item 72 and we also want to revisit 52.
Mr. Odio: Oh, oh, OK.
Mayor Suarez: Item 72.
Mr. Dawkins: This is Mr. Howard's group. This is Mr. Al Howard's group, it's
his cheering gang.
Mr. Odio: Greens fees.
Mr. Plummer: This is 72?
Mr. Dawkins: Yes.
Mr. Plummer: Have we taken the vote to reconsider?
Mr. Dawkins: No.
Mayor Suarez: Somebody move to reconsider.
Mr. Dawkins: I moved, J. L. seconded.
Mr. Foeman: Yes.
Mayor Suarez: Seconded. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-931
A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE ON ORDINANCE
10331 (GOLF GREEN AND CART FEES).
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote-
72 October 22, 1987
0 0
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
(NOTE: THIS ITEM WAS IMMEDIATELY PASSED WITH AN AMENDMENT AS ORDINANCE 10331.)
Mr. Dawkins: Go ahead, Mr. Rivers.
Mayor Suarez: Give us your name and address.
Mr. Frank T. Rivers: To the Mayor, Commissioners...
Mr. Dawkins: Your name and address, Mr. Rivers, sir.
Mr. Rivers: My name is Frank T. Rivers. I presently live at 11140 N. W. 25
Avenue. I have lived in the City of Miami years prior to that. I have been a
member, a cardholder of the Miami Spring, Miami LeJeune Golf Courses. I have
been selected or elected to represent the members of the Golfers Association
at the LeJeune and the Miami Springs Golf Courses. My notice was of such that
I couldn't get a quorum of members to come in to back me up on what I'm about
to say, but we have sent, I sent in a letter to Commissioners Dawkins of which
I'm assured that most of you have a copy of, and the golfers at both golf
courses feel that they really keep the golf course going during the summer
months when our winter visitors are not with us and they feel that they are
being done a wrong or given the shaft by having to double the fees during the
time we call the seasons. So we, as golfers, and participants of the golf
courses, let's say we keep it up during the summer, we feel that we, as local
players, should be given some consideration as far as the winter fees are
concerned. I'm quite sure this won't bother most people but we must be aware
of the fact that as we live we get older and most of your golfers now you have
that's playing at the golf courses are basically senior citizens and retired.
And they feel that they should be given some consideration as far as fees are
concerned. I hold in my hand here a petition, signed by the golfers at both
golf courses, of which I will turn over to Commissioner Dawkins if he is
willing to have it to the Commission. And this is all we're asking, that some
consideration be given to us during this period we call the seasons as far as
the fees are concerned. Now we are paying something like $11.55, $11.65 now,
and later on this month, or the first of next month, we will be paying
something like $23.00. And we are asking some consideration on your part.
Mr. Dawkins: Mr. Howard.
Mayor Suarez: Let's introduce that into the record, the petitions on fees.
Mr. Walter Golby: Well, to explain on the senior citizens, we do. Anybody 62
or over, living in the City of Miami gets half greens fees. So if they were
paying the greens fees in the winter would be $12.00, they would only pay
$6.00. They can also get membership, an annual membership at 50 percent if
they live in the City of Miami. So the City does...
Mr. Plummer (Off mike): Well, we're talking about the carts.
Mr. Golby: No, they must pay for - everybody pays for the carts but they
don't... a majority of the seniors that we have walk 9 holes, a great many of
them walk IS holes. But a cart remains the same for everybody.
Mayor Suarez: Do we have a regular differential for City residents as opposed
to non residents who are not over 62?
Mr. Golby: Yes, on the membership...
!Mayor Suarez: Any age?
Mr. Golby: ... for an annual membership, any age.
Mayor Suarez: How about just for coming to play?
73 October 22, 1907
Mr. Golby: No, we don't have that because it's a difficult problem. Our
rates, our rates...
Mayor Suarez: They have on the tennis courts. I've been on tennis courts
where you have to show you're a City resident and you get charged less.
Mr. Golby: Our rates are very moderate right now with other public courses.
We're about the same and below. Much below some of the private courses so our
rates now we do give them a break to play but not individually at a daily fee.
We don't make any delineation there.
Mr. Plummer (Off mike): So you're saying at the present time, if they're a
city resident, they get a 50 percent cut.
Mr. Golby: If they're over 62, right. A senior citizen gets 50 percent right
now. Only pays 50 percent.
Mr. Dawkins (Off mike): Mr. Rivers. Mr. Rivers.
Mr. Plummer (Off mike): Move back into the City.
Mr. Rivers: No, the point that we are asking, we're not only asking for
senior citizens, we're asking for golfers period. Now, we realize that, let's
say for an example, I'll use an example, the City of Coral Gables, now they
ask for identification.
Mayor Suarez: They have a differential for City residents. Any time you use
anything over there, they hit you with it.
Mr. Rivers: All right, now being retired I travel quite a bit. I play golf
all over the United States and everywhere I go we are asked for a local card.
_ Now, those people without a card, a local card, charged a different fee and
that's what we are asking. If we are local residents and we have a voter
registration card for this area we feel that some consideration should be
given as far as the fees concerned.
Mayor Suarez: I fully agree with that. Anyone over or under 62, any age who
lives in the City should have a preferential rate. Already paid real estate
taxes and garbage fee and everything else.
Mr. Odio: Mr. Mayor...
Mr. Golby: In Coral Gables, if I may, if a non resident in Coral Gables would
pay $950 for a fee. Our fee right now is only $840 so we would have to
increase those fees for non resident which, I believe, this gentleman is. So
he would wind up paying more.
Mayor Suarez: That's not the point. The point is the differential,
everything in Coral Gables can be more expensive than the City of Miami for
all I care...
Mr. Golby: But what...
Mayor Suarez: ... the point is, they have a differential. When you go over
there to play, I don't play golf, but when you go over there to play tennis,
they force you to show that you're a resident of Coral Gables, if you're not,
you've got to pay more.
Mr. Odio: Well, fine, what...
Mayor Suarez: Regardless of age and I'm not 62 yet although I'm quickly
getting to that age.
Mr. Odio: What I'd recommend then is that we leave the fee...
Mr. Plummer: Let me argue another point, Mr. Manager, OK? And maybe I agree
with what the Mayor's saying, so let's increase our fees to $940...
Mr. Odio: OK, all right.
Mr. Plummer: ... and then give a break for local people.
74 October 22, 1987
1
1
Mr. Odio: Fine.
Mr. Plummer: That's fine.
Mr. Golby: OK, well if we would let the ordinance go through as it is, then
we would come back and change fees. Increase other fees and leave the
standard fee as it is right now as we improved it.
Mr. Dawkins: OK, let me ask you a question, Mr. Howard. You say we give a
cut to City of Miami residents now?
Mr. Golby: Yes, on an annual membership, we do.
Mr. Dawkins: On an annual membership.
Mr. Golby: If they huy an annual fee, a resident would - I mean a City of
Miami would pay $620, outsider would pay $700 so it isn't, you...
Mr. Dawkins: OK, now for people like Mr. Rivers is speaking about who are on
a f ixed income cannot pay the $620, what do they get per game or per day or
per what?
Mr. Golby: Daily there is no difference between a resident and a non
resident.
Mr. Dawkins: All right. What does Dade County do?
Mr. Golby: Same thing. They don't have a differential between...
Mr. Dawkins: But they do give a cut to county residents?
Mr. Golby: No, they don't have the same - they don't give the benefits to
seniors as we do. We're about the only one who does give a benefit to a
senior over 62. Dade County is a straight fee for everybody. And Dade
County's is comparable to our fees.
Mr. Dawkins: Yes, but - see but Dade County is ripping us off because if you
live in Dade County, you're paying County taxes and Coral Gables and Miami,
Miami Springs, Miami Beach.
Mr. Golby: The only one that that makes a difference is Coral Gables.
Mr. Dawkins: OK, a...
Mayor Suarez: No, the only one that makes a difference is not Coral Gables.
The City of Miami makes a difference.
Mr. Dawkins: We make a...
Mr. Golby: Oh, for the senior, yes, we do. For the seniors.
Mayor Suarez: And on other facilities we make a difference. You have to come
in and show your I.D. to play tennis in Henderson Park otherwise you pay more.
The last time I was over there, and that was a few years ago, unless that's
changed.
Mr. Plummer: Well, I still say the only way to do it is to go ahead and
Increase. If they want it like Coral Gables, increase it to $940 and then
give the City residents a 50 percent on a daily rate. You know, if that's
what they want, I have no problem with that. Look, the golf courses cost X
number of dollars to run and they're going to be there whether players are
there or not. Now, you've either got to make adequate income in revenue to
offset the cost or you're going to be subsidizing the damn things and I don't
think that's what our intention. We've been for years trying to get them on a
basis of where they're not taking subsidy.
Mr. Golby: Which we have finally done with the fee structure.
Mr. Plummer: Exactly, so I'm saying to you, we got our alternatives. Either
increase the fees for the annual and give a reduction in the daily fee but the
bottom line is X number of dollars have got to be raised to pay the cost of
the golf courses. Now, you do it however you want. I don't have any
75 October 22, 1987
disagreement with the daily fees giving them a 50 percent break if they're a
City resident, if you up the fees in the top end. But the bottom line is
you've got to raise X number of dollars.
Mr. Golby: I think we're going to run into a problem because if we increase
our fees for the people outside the City, we're going to lose money. Most of
our players are from outside of the City. As a matter of fact, only about 17
percent of the people who pay greens fees are City residents, so we really
would be affecting our, having an impact...
Mr. Dawkins: Veil, of course, we've got the lower rate, of course.
Mr. Plummer: Veil, let me tell you what I think is fair. Hey, let me tell
you what I think is fair.
Mr. Dawkins: Ve're competitive.
Mr. Plummer: I think you ought to leave the rates as they are.
Mr. Golby: Very, very, very competitive right now. '
Mr. Plummer: I think you ought to leave the rates as they are proposed in
this ordinance and any City resident that wants to pay a daily rate, if there
are times, starting times available after the other rates have been paid, they
get a 50 percent cut. That way, you don't allow the City to stop from having
Its revenue.
Mayor. Suarez: Yes, it's like standby, you know, ride on a airplane or
something. They have to wait until the other people are through and then they
can come in and pay half.
Mr. Plummer: That's it. You give preference to the ones that are paying full
fees first.
Mr. Golby: We could do that after a prime time, after prime time, sure.
Mr. Plummer: That's right.
Mayor Suarez: OX, you going to incorporate that into the motion since we're
reconsidering.
Mr. Plummer: I'll incorporate that wording in there that the City residents
be given a 50 percent discount based on availability of the time shots that
are there.
Mayor Suarez: The starting time.
Mr. Golby: Excluding prime time, that's...
Mr. Plummer: Excluding prime time, all right.
Mr. Dawkins: Whatever that is.
Mr. Plummer: Yes.
Mayor Suarez: This is going to be the best you're going to do because there
was a movement here to increase the fees for non City residents so it's a
little dangerous for you to keep arguing.
Mr. Golby: Lot ms explain that prime time, Commissioner, is Saturday and
Sunday mornings basically when most of the people are playing because they
can't play during the week and that's when we really make them, It would be
after that.
Mr. Plummer: Well, loot:, they'll have their choice, they can try to take
advantage of the 50 percent cut on a maybe basis or they can pay the full rate
and have a guarantee.
Mayor Suarez: Yes. I mean prime time is determined by the people being
there...
Mr, Plummer: That's right.
76 October 22, 1987
Mayor Suarez: ... presumably those days that it's raining or something, a guy
might still want to go out there even though it's prime time.
Mr. Golby: That's fine.
Mayor Suarez: ... or snowing or whatever.
Mr. Rivers: The only thing I wanted to say is...
Mr. Plummer: I make a motion if it's snowing at the Melreese Golf Course, we
let everybody play free.
Mr. Dawkins: Second.
Mr. Rivers: No, you don't want that motion.
Mayor Suarez: Momentum is with you, it could get worse because...
Mr. Rivers: No, I agree with what Mr. Howard said.
Mayor Suarez: OK.
Mr. Rivers: Now he said, just as he said, only about 17 percent of the people
living in the City of Miami play Miami Springs and LeJeune Golf Courses. And
we can foresee the things that's going on now is that if in the near future,
if something doesn't happen, as far as these fees are concerned, LeJeune and
the Springs won't have anyone to play because of the competition that's coming
from the outside. Now, I have a card in my pocket right now from Costa del
Sol and the Silver Course, of which I paid only $50 for the whole summer and
it goes through December. You see, this is the competition that you're going
to have and those people that's played out there now, they're getting better
breaks at these other golf courses than they're getting from the City.
Mayor Suarez: Well, if our rates are not competitive, I guess we'll see that
pretty soon because people will stop going there and then...
Mr. Rivers: And this is what's going to happen, it's because...
Mayor Suara z: And they're going to come right back and ask to lower the fees,
I know that.
Mr. Rivers: Now, let's face the fact, now if you go play Miami Springs and
you go play Costa del Sol or you go play the Silver Course at Doral or one of
those courses, or you go play one of these courses that the American Golfers
Association is bringing in now like Kendall Lakes and all those places and you
wouldn't go back to Miami Springs or LeJeune.
Mr. Dawkins: What is the fee at those - a daily fee at the ones you just
named, Mr....
Mr. Rivers: They are running fees in the paper now, two people for $22.
Mr. Dawkins: Huh?
Mr. Rivers: Two people for $22.
Mr. Dawkins: And, all right, what is the winter rate?
Mr. Rivers: They haven't posted any winter rates as yet.
Mr. Dawkins: What were they last year?
Mr. Rivers: Well, I would say the winter rates on last year ran something in
the neighborhood of $18-$19.
Mr. Dawkins: For $20 a day, right?
Mr. Rivers: Of which it was $23 at the Springs and LeJeune.
Mr. Plummer: I'll incorporate the terminology into the rate too of giving
City residents a 50 percent break on a daily fee not in prime time. Well,
77 October 22, 1987
that's really not what I'm trying to accomplish because that would exclude
them completely from prime time and if, in fact, there was space available
that they - staring times that they could have...
Mr. Dawkins: You see, what J. L. is saying is, Mr. Rivers may have some
friends from Detroit and he wants to go that day at prime time so he'll pay
the prime time fee because he's with his friends from Detroit.
Mr. Plummer: Well, but Miller...
Mr. Dawkins: He should not be allowed, I mean he should not have to wait for
whatever.
Mr. Plummer: OK, the other point I'm trying to make and I don't want to
belabor this damn thing...
Mr. Dawkins: OK, me either. Call the roll. Call the...
Mr. Plummer: ... is the fact that during prime time, if there's no one on the
golf course and these people want to play on a standby basis, they should be
allowed to play for the 50 percent.
Mr. Golby: We do that now because we have a reservation system going, we can
do that. We can do that.
Mr. Plummer: OK, all right, as long as that's understood. Call the roll.
Mayor Suarez: Call the roll.
Mr. Foeman: I need a second.
Mr. Dawkins: Second.
Mr. Plummer: I move it as amended. Call the roll.
Mr. Foeman: It's a second reading.
Mayor Suarez: Call the roll.
Mr. Foeman: It's a second reading.
Mr. Plummer: You've got to read the ordinance as amended. Are we going to
lunch at twelve?
Mr. Dawkins: I would hope so.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SUBSECTION (A)(2) AND (B)(1) AND
(2) OF SECTION 30-53, ENTITLED "GREEN FEES", AND
SUBSECTIONS (A)(1)(a), (b), and (c) OF SECTION 30-54,
ENTITLED "CART FEES", OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY REVISING THE FEE
SCHEDULES FOR CITY OF MIAMI GOLF COURSES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 8, 1987, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote-
AYES:
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10331.
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.
UNIDENTIFIED SPEAKER (Off mike): This gentleman want to be heard ----------
Mayor Suarez: Joe. Do you want to make a statement on the last item?
Mr. Oliver Gross: Yes, I would like to make a statement on...
Mayor Suarez: At your own risk?
Mr. Gross: At my own risk, yes. Even going to jail.
Mayor Suarez: No. None of that. None of that.
Mr. Gross: Now, I'm a working person and I've always been a working person
and I enjoy playing golf. And my chances of playing golf on one of these
private golf courses is very slim.
Mayor Suarez: Can you give us your name and address, please.
Mr. Oliver Gross: My name is Oliver Gross, 16001 East ------ Park Drive, Opa
Locks. It had taken me when I was young quite a few years to even play golf
and now that I have the opportunity to play and have learned how to play, I
feel like living in the county, I have lived in this City. I have lived in
other places also. And like a lot of other people who are working people who
don't make that money to belongs to a private club and there is Melreese which
used to be LeJeune and Miami Springs. We need some place to play and I don't
want to itemize it. I don't want to identify it other than there are working
people in a community, young people who wants to learn how to play golf. We
need some kind of relief. We come to the City Commissioner to get that
relief.
Mr. Plummer: Well, the proper City Commission that you should go to is Opa
Locks. That's where you live.
Mr. Gross: Well, I play golf in Miami Springs.
Mr. Plummer: But you don't pay taxes in the City of Miami.
Mr. Gross: I pay county taxes.
Mr. Plummer: That's county, we don't get any of that money.
Mr. Golby: We do have...
Mr. Plummer: As a matter of fact, it's the opposite. If you live in Dade
County, you pay part of their tax as being a citizen of Opa Locks.
Mr. Gross: Veil, why can't I play at a City facilities and also gat a break?
Mr. Plummer: You can. You're not being denied the right. You're not being
denied the right at all.
Mr. Grosse well, what I'm saying to you Commissioner Plummer is the fact is
when someone case from some other place, from New York, Chicago, Detroit,
whatever, they go in and pay a fee. No one ask then where they are from. No
one is concerned where they're fros. All they want is their money.
79 October 22, 1987
Mr. Plummer: They're not getting a break.
Mr. Gross: When you go to New York City and all those places where you play,
they ask you for - where you live and you cannot play in a lot of those places
because a lot of these places are private like here.
Mr. Plummer: We're not.
Mr. Gross: I'm just asking you, can you make some kind of relief where people
can play and I'm not trying to identify myself as those persons.
Mr. Plummer: Well, I think what...
Mr. Gross: Can the City just give us a break?
Mr. Plummer: I think what you need to do is to petition Metropolitan Dade
County who have a number of golf courses that you, as a citizen of Opa Locka,
pay part of the county tax and that they should make that available to you.
There's no question in my mind about that.
Mr. Gross: So then, if we don't live in the City, there's no relief as far as
us playing golf. We don't get no break. We as golfers don't get a break with
the City.
Mr. Plummer: We are here, air, to protect the citizens of this City and
that's what we're about the business of doing. You are a resident of Opa
Locks which is a part of Dade County.
Mr. Gross: Right.
Mr. Plummer: You have every right in the world to petition Dade County to
give you, the working class people, as you referred to it...
Mr. Gross: Right.
Mr. Plummer: ... the right to have access to those golf courses. The
county's got how many golf courses? Five or six?
UNIDENTIFIED SPEAKER (Off mike): Five.
Mr. Plummer: Five. And you pay taxes there, sir. You have a right to make
that petition to Metropolitan Dade County.
Mr. Dawkins: J.L. Plummer will go with you to lead the delegation.
Mr. Gross: Thank you very kindly.
Mr. Plummer: No, every time I go down there, you lose. Don't take me with
you.
Mr. Rivers: Commissioner Plummer, those people that signed the petition...
Mr. Plummer: Yes, sir.
Mr. Rivers: ... are taxpayers of the City of Miami. i an a taxpayer of the
City of Miami. I live on 25th Avenue.
Mr. Plummers Sir, if you qualify, you get the break.
Mr. Rivers: Yes, but I'm saying I was chosen as the representative...
Mr. Plummer: Sure, I understand that.
Mr. Riverss ... of these people.
Mr. Plummer: Yes, sir.
Mr. Riverss And that's what they sent me here for.
Mr. Dawkins: Because you retired and they couldn't get off of work. Thank
you, Frank. OK.
80 October 22, 1987
E
Mr. Rivers: Thank you. Thank you much for your time. We appreciate it.
29. A. RECONSIDER PREVIOUSLY TAKEN VOTE ON RESOLUTION (87-912) PROVIDING
FUNDS FOR "PROS FOR KIDS".
B. AMEND SEC. 1 AND 2 OF RESOLUTION 87-722, TO PROVIDE FOR CHANGE IN
SOURCE OF FUNDING FOR AN ANTI -DRUG PROGRAM CALLED "PROS FOR KIDS". (SEE
LABEL #5 )
Mr. Dawkins: Mr. Mayor, going to hear 52?
Mr. Plummer: We're going to reconsider item 52. I so move to reconsider.
Mr. Dawkins: Second.
Mr. Plummer: Wait a minute. You've got to call the roll.
Mayor Suarez: Call the roll on the motion to reconsider.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-932
A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE ON RESOLUTION
87-912 (PROVIDING FUNDS FOR "PROS FOR KIDS", AN ANTI -DRUG
PROGRAM).
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
(NOTE: THIS ITEM WAS IMMEDIATELY PASSED WITH AN AMENDMENT AS R-87-933)
Mr. Neil Colzie: My name is Neil Colzie, I live at 3140 Day Avenue in Miami,
Florida. About five or six months ago, I came before Mr. Odio with a program
that I have went to California...
Mayor Suarez: And you're getting out of shape.
Mr. Colzie: That's the problem of getting old. I had went to Mr. Odio about
and I told him about the program and it's called "Pros for Kids" and I told
him I don't want a year, I didn't come here for a year contract, would he give
me three months to show him this program and if the City like what I did for
the summer, they would fund me for the rest of the year and I think I was
asking for $45,000 and along with Mr. Gobly - Gobly here...
Mayor Suarez: Reduce the salary some more for the mispronunciation of his
name.
Mr. Colzie: ... and Gabriel Torres, we was about to reach 1300 kids in four
events. I have between 80 and 85...
Mr. Plummer: What's the problem?
Mr. Colzie: Huh?
UNIDENTIFIED SPEAKER (Off mike): Money.
Mr. Plummer: Well, we made a commitment.
81 October 22, 1987
10
0
Mr. Colzie: Well, you made a commitment for the twelve and...
Mr. Plummer: For the twelve months.
Mr. Colzie: Twelve thousand.
Mr. Plummer: And we said that if you came back with a favorable evaluation of
the program, we would then fund it for the rest of the year.
Mr. Odio (Off mike): No, they haven't done that.
Mr. Plummer: I so move that we live up to our commitment and fund it for
the - I'm assuming now your recommendation is favorable. The program is a
good program, it's well run, it's well managed.
Mr. Colzie: Well, I manage it so it's well...
Mr. Plummer: I didn't say that, be careful. All right, I move that this City
live up to it's commitment and that we fund the rest of the program based on
the fact of good evaluations. I so move.
Mrs. Kennedy: Second.
Mr. Colzie: I wrote this long speech for nothing, then, right?
Mr. Plummer: You want to keep talking, you'll lose.
Mayor Suarez: Strike from the record all self serving comments about the
management made by the manager of it - of the program.
Mr. Plummer: I move item 52 as amended.
Mayor Suarez: So moved as amended.
Mrs. Kennedy: And I second it.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-933
A RESOLUTION AMENDING SECTIONS 1 AND 2 OF RESOLUTION NO.
87-722, ADOPTED JULY 23, 1987, TO PROVIDE FOR A CHANGE IN
THE SOURCE OF FUNDING ALLOCATED FOR AN ANTI -DRUG PROGRAM
ENTITLED "PROS FOR KIDS" ON A TRIAL BASIS AND FOR A CHANGE
IN THE DEPARTMENT ADMINISTERING SAID PROGRAM; FURTHER
ESTABLISHING THE EFFECTIVE DATES OF SAID GRANT ALLOCATION
AND PROGRAM; FURTHER PROVIDING FOR AN ADDITIONAL
ALLOCATION NOT TO EXCEED $55,000 FROM SPECIAL PROGRAM AND
ACCOUNTS, CONTINGENT FUND FOR SAID PROGRAM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
82 October 22. 1987
------------------------ - ---- ---------------------__��
30. APPROVAL FISCAL YEAR 1987-88 ADMINISTRATIVE BUDGET OF THE MIAMI SPORTS
AND EXHIBITION AUTHORITY.
Mayor Suarez: Item eighty whichever.
Mr. Plummer: Eighty-two. I move item eighty...
Mayor Suarez: Sports and Exhibition Authority budget.
Mr. Plummer: I move that budget.
Mrs. Kennedy: I second, it's the same as last year's budget.
Mayor Suarez: Moved and seconded. Any discussion?
Mr. Plummer: That does include a provision, the reduction of Blaisdell and
Korge's salary.
Mrs. Dougherty: They don't get paid from there.
Mayor Suarez: Yes, at least 10 percent, 20 percent.
Mr. Plummer: Oh, OK.
Mayor Suarez: How are we doing on the sky box, what is the final
recommendation on the sky box for the City and/or the Authority?
Mr. Odio (Off mike): Well, do you want me to say it or you say it?
Mr. John Blaisdell: Right now, Mr. Mayor, we are in the process of receiving
final pricing for different options on sky boxes and ve will be in a position
in the next week or so to be able to make a recommendation to the authority
and to the Commissioners as to what we should do.
Mayor Suarez: Eighty to the budget of the Authority. OK, we have not made a
policy recommendation, whether there should be one or two boxes and we're not
too late from making that policy decision at some point?
Mr. Blaisdell: Our approach right now is to, from the pricing perspective,
we're approaching a two box scenario.
Mayor Suarez: Mr. Manager, is that what you're going to be recommending or
are you going to ask this Commission to...
Mr. Plummer: I'll tell you, if I could as much for the boxes I sell as they
do, boy, I'd quit. I'd retire.
Mr. Odio: You said if the City should have a box...
Mr. Dawkins: Huh?
Mayor Suarez: And the Authority.
Mr. Odio: ... and the Authority. I was going to recommend to leave that in
abeyance until later on in the future that...
Mayor Suarez: We're not too late to...
Mr. Dawkins: But, if we leave it in abeyance, the costs going up, escalating,
I mean... You know, Mr. Manager.
Mr. Odio: That is true, but...
Mrs. Dougherty: That's right.
Mr. Blaisdell: Mr. Mayor and members of the Coomission, I's: sorry, Mr. Mayor.
Mr. Odio: Go ahead.
83 October 22, 1987
r
Mr. Blaisdell: We will be in a position to make a decision within the next
two weeks.
Mayor Suarez: To make a recommendation.
Mr. Blaisdell% A recommendation and a decision.
Mayor Suarez: Thank you.
Mr. Blaisdell: And if we don't make that decision those two weeks, then we
recommend that it be postponed until after completion of the project.
Mayor Suarez: Well, don't make any decisions on the Authority's budget,
because I won't vote for the Authority's budget unless you consult us.
Mr. Blaisdell: Absolutely, Mr. Mayor.
Mayor Suarez: Right. How many seats per box?
Mr. Blaisdell: Twenty seats.
Mayor Suarez: I'll never go beyond one. OK.
Mr. Dawkins: Twenty six, hold it. Twenty six seats...
Mayor Suarez: Twenty, twenty, twenty, twenty.
Mr. Blaisdell: Two zero. Twenty.
Mayor Suarez: Twenty.
Mr. Dawkins: Huh?
Mayor Suarez: Twenty.
Mr. Blaisdell: Twenty seats.
Mr. Dawkins: Twenty seats per box.
Mr. Blaisdell: Yes, sir.
Mr. Dawkins: And how many boxes?
Mr. Blaisdell: Two boxes. That's what we are now pricing as a concept and if
funds are available, we're going to come back to you and touch base with you
and be sure that everything is exactly as the Commission wants it and then go
forward or not go forward.
Mr. Dawkins: OK.
Mayor Suarez: OK. All right, on the budget, any further discussion? Call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-934
A RESOLUTION APPROVING THE FISCAL 1987-88 ADMINISTRATIVE
BUDGET OF THE MIAMI SPORTS AND EXHIBITION 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-
84 October 22, 1987
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J. L. Plummer, Jr.
31. APPROVE IN PRINCIPLE CITY OF MIAMI CAPITAL IMPROVEMENT PROGRAM, 1987-
1993.
Mayor Suarez: Item 83.
Mr. Sergio Rodriguez: Item 83 and 84 are companion items. Item 83 is the
capital improvement program for 87-93 and the capital budget which is these
three volumes that you have received already and item 84 is the appropriations
ordinance to implement the capital budget for 1988. If you want to, I can go
into some detail into the projects, but basically what we have, in volume one,
that is before you to be approved in principle, you have the description of
the capital budget for 188 and the basis for all the decisions that are made
throughout the year. Eighty-seven to ninety-three describes the projects as
they are in each one of the neighborhoods of the City and in the volume number
three shows the projects' description for each one of those projects.
Basically, what we're proposing and going through all the different committees
that we have been already meeting with and the City Manager and the Planning
Advisory Board, is an appropriations for FY 188 of $22,000,000 in the capital
budget of which the majority of the funding for that would come from City
bonds, approximately 75 percent of it. Most of the project for this next year
will go into basically parks, storm sewers, streets, and fire. We have a list
of...
Mr. Dawkins: What will go into fire?
Mr. Rodriguez: The money, approp...
Mr. Plummer: Hazardous waste.
Mr. Rodriguez: The appropriations that we have for parks...
Mayor Suarez: What is it? Yes, what is, generally speaking, the capital
improvements needed for Fire Department? Or recommended, I won't say needed
yet.
Mr. Rodriguez: For Parks Department you say?
Mr. Dawkins: Fire Department.
Mr. Rodriguez: Fire Department. The amount of money that will be shown for
the Fire Department is approximately $850,000 in different type of projects
and if you want to, I can go into each detail of each one of them,
specifically...
Mayor Suarez: Well, give us an idea, at least.
Mr. Rodriguez: Specifically, in the appropriation ordinance which includes
prior appropriations and appropriations for this year, is the changes in the
fire training facility that ve had to finish, the renovations of fire stations
and all drill tower, Fire Station •3, the garage modification and expansion,
the renovation of the Fire Department administration building offices space,
the Fire Department computer aided dispatch system, the Fire Rescue special
support equipment, the expansion and modification of Fire Station 010, also
the one for Fire Station 812, some fire apparatus replacement and
modification...
Mr. Dawkins: Hold it, hold it right there...
Mr. Rodriguez: Right.
85 October 22, 1987
Mr. Dawkins: ... slow down and say that a little slower.
Mr. Rodriguez: Fire apparatus replacement and modification.
Mr. Dawkins: OK, didn't I tell you, the Chief and everybody that it was time
to purchase some new equipment and not refurbish any?
Mr. Rodriguez: Hold it one second, let me get that number.
Fire Chief Duke: This does include the purchase of new apparatus but those
apparatus that we need to refurb so that we can still stay in our cycle,
Commissioner, as you agreed...
Mr. Dawkins: Or, if it's that urgent, buy a new piece. You know, I don't
understand what we're doing. I mean if it's that urgent and you need it,
Chief, buy a new piece.
Mr. Duke: That's what we're trying to accomplish with this, sir. We're
trying to, we're trying to...
Mr. Dawkins: No, you just telling me, you're refurbishing it.
Mr. Duke: Well, we're in the process of like refurbishing the rescue truck so
we can save some dollars but it gives us a good first line piece of equipment.
We need the spares instead of buying brand new trucks, at, you know, a quarter
of a million dollars, we can refurb them for like $65,000-$70,000...
Mr. Dawkins: And then we've got 20 years more to wait before we can buy a new
truck.
Mr. Duke: No, sir, we're going to try to go into a complete new renovation of
our fleet at this time, sir.
Mr. Dawkins: OK, I don't have me on your budget because I'd have told you, I
mean, if you got everybody else, that's good, but not with me, I'm just not
going to sit up here and pass this one. I keep telling you that you guys keep
rehabing equipment and my Fire Department will be the best Fire Department in
_ the country and 15 years from today, when what we could buy two pieces of
equipment for now we'll only get a half a piece, then you're going to start
talking about replacing equipment. I mean, we're not being fiscally
responsible. Go ahead with your report.
Mr. Rodriguez: I'm sorry, where was I? And then, the last item over here,
there was a Fire Rescue new apparatus acquisition which is 1.2 million and
finally, Fire Rescue closed circuit TV. That includes all the items that were
under the Fire Rescue category. As I was mentioning before, the bulk of the
projects funding will come from City bonds which is approximately 60 million
for this FY 188 appropriation and the next high category will be private
donations and then the third one will be a state grant which is about 1.5
million. These 22 million for FY 188 appropriation is basically about 6
percent of the whole capital budget, capital improvement program for the next
six years. The rest of the projects will be coming back to you individually
as you have to approve every bid that comes to you. In addition to this, we
will be coming to you next year again with a capital improvement program and,
as you know, we are doing this as part of the State requirements that requires
to do this since 1975.
Mayor Suarez: I could have sworn we approved already the five year plan.
We've approved...
Mr. Rodriguez: You approve it every year. You have to do this every year.
Mayor Suarez: ... the actual expenditure is part of the budget, OK.
Mr. Rodriguez: Right. You do that every year.
Mayor Suarez: If we have a quorum, I'll entertain a motion on this.
Mr. Dawkins: OK.
Mayor Suarez: No, I'm sorry, Commissioner, you had additional questions?
86 October 22, 1987
Mr. Dawkins: What fire equipment are you going to buy in 189?
Mayor Suarez: In this fiscal year.
Mr. Duke: Without going into the record, sir, we're requesting three brand
new pumpers and a new aerial truck that I know of that we're requesting at
this point.
Mr. Dawkins: In 80... all right, OK.
Mayor Suarez: Are we approving that at this point?
Mr. Dawkins: No.
Mayor Suarez: OK.
Mr. Dawkins: Yes.
Mayor Suarez: Or just the...
Mr. Dawkins: No, we got to come back. We're approving it in principle, it
has to come back to us and we have to find the money before we appropriate it.
Mr. Duke (Off mike): No.
Mr. Rodriguez: You're approving the appropriations.
Mayor Suarez: Just the budget but we have to approve the actual...
Mr. Dawkins: Move it. Move it.
Mayor Suarez: Moved. Mr. Vice Mayor, do you second?
INAUDIBLE RESPONSE.
Mayor Suarez: Thank you. Any discussion? Call the roll.
Mr. Rodriguez: Eighty-three.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-935
A RESOLUTION APPROVING THE CITY OF MIAMI CAPITAL
IMPROVEMENT PROGRAM 1987 - 1993, IN PRINCIPLE, TO PROVIDE
GUIDELINES FOR CITY AGENCIES, BOARDS AND DEPARTMENTS, AS
SET FORTH IN THE THREE -VOLUME DOCUMENT RECOMMENDED BY THE
PLANNING ADVISORY BOARD ON OCTOBER 7, 1987.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
87 October 22, 1987
32. ESTABLISH APPROPRIATIONS FOR CITY CAPITAL IMPROVEMENTS, REVISING
PREVIOUSLY APPROVED PROJECTS, AND ESTABLISH NEW PROJECTS FOR FISCAL YEAR
'88.
Mayor Suarez: Eighty-four.
Mr. Rodriguez: It's an ordinance to be read.
Mayor Suarez: I'll entertain a motion on 84, the companion ordinance. Do you
want to move 84, the ordinance?
Mr. Dawkins: Yes, move it.
Mayor Suarez: Moved. Mr. Vice Mayor, do you second it?
Mr. Plummer: Second.
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
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.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
33. CONFIRM ORDERING RESOLUTION NO. 87-646 FOR CONSTRUCTION OF CITYWIDE
SANITARY SEWER EXTENSION IMPROVEMENT - NW 5TH AVENUE.
Mayor Suarez: Eighty-five, confirming the ordering resolution for sanitary
sewer extension improvements.
Mr. Dawkins: Move it.
Mayor Suarez: NW 5th Avenue. Is there anyone here that wishes to speak for
or against item 85? Let the record reflect that no one has stepped forward.
We have a motion.
Mr. Plummer (Off mike): Because of that, I so move it.
Dawkins (Off mike): Second.
Mayor Suarez: Motion and a second. Any discussion? Call the roll, 85.
$8 October 22, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-936
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 87-646 AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS
FOR THE CONSTRUCTION OF CITYWIDE SANITARY SEWER EXTENSION
IMPROVEMENT - NW 5 AVENUE IN CITYWIDE SANITARY SEWER
EXTENSION IMPROVEMENT DISTRICT - NW 5 AVENUE SR-5546-C
(CENTERLINE SEWER)
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
------------------------------------------------------------------------------
34. RATIFY EMERGENCY ACTION IN ACCEPTANCE OF BID OF MCO CONSTRUCTION, INC.
AND EXECUTION OF A CONTRACT FOR SOUTH DISTRICT SUBSTATION -BUILDING
DEMOLITION.
------------------------------------------------------------------------------
Mayor Suarez: Item 86.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mr. Plummer: Why is it an emergency?
Mr. Odio: It's not an emergency. This is a resolution.
Mr. Plummer: Sir.
Mr. Odio: I think somebody didn't get - this is not a 4/5ths vote.
Mr. Plummer: I move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: Eight way, I'm moving it. I just asked to put on the record the
reason for the emergency.
Mayor Suarez: Do we have such a thing as a 4/5ths vote on a resolution?
Mrs. Dougherty: There is a 4/5ths requirement when an emergency
appropriation...
Mr. Plummer: Well, let's vote it out as an emergency and you come back later
with the answer. I don't think anybody has any opposition, let's do it. I
move it.
Mayor Suarez: OK. Moved and seconded. Call the roll.
89 October 22, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-937
A RESOLUTION RATIFYING, BY AFFIRMATIVE VOTE BY 4/5'S OF
THE CITY COMMISSION, THE EMERGENCY ACTIONS OF THE CITY
MANAGER IN ACCEPTING THE BID OF MCO CONSTRUCTION, INC. AND
EXECUTING A CONTRACT WITH SAID FIRM IN THE PROPOSED AMOUNT
OF $52,800.00, BASE BID OF THE PROPOSAL, FOR SOUTH
DISTRICT POLICE SUB -STATION - BUILDING DEMOLITION; WITH
MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS
ORDINANCE NO. 10187, PROJECT NO. 312008 IN THE AMOUNT OF =
$52,800.00 TO COVER THE CONTRACT COST.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
NOTE FOR THE RECORD: Although absent during roll call, Commissioner Kennedy
requested of the.Clerk to be shown voting with the motion.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: You haven't got four people here.
Mayor Suarez: You do.
Mr. Plummer: You don't have four...
Mayor Suarez: Yes, you do.
Mr. Plummer: Miller here?
Mayor Suarez: Yes.
Mr. Plummer: Oh, I couldn't see him... Second roll call. No, you don't need
a second roll call.
Mayor Suarers You don't need a second roll call, I don't think.
35. AUTHORIZE EMERGENCY INCREASE IN THE CONTRACT WITH TARAFA CONSTRUCTION,
INC. FOR CONSTRUCTION OF FIRE GARAGE/FIRE STATION NO. 3.
Mayor Suarez: Item 87.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 87.
90 October 22, 1987
I i
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-938
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $251,100 IN THE CONTRACT BETWEEN THE CITY OF
MIAMI, FLORIDA AND TARAFA CONSTRUCTION, INC. DATED OCTOBER
14, 1986 FOR THE CONSTRUCTION OF FIRE GARAGE/FIRE STATION
NO. 3 MODIFICATION & EXPANSION (SECOND BIDDING) CIP
PROJECT NO. 313019, SAID FUNDS TO BE PROVIDED FROM FUNDS
ALLOCATED FOR THE PROJECT; FURTHER RATIFYING THE CITY
MANAGER'S WRITTEN FINDINGS 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.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
36. ACCEPT COMPLETED WORK OF FRE CONSTRUCTION CO., INC., FOR DESIGN PLAZA
HIGHWAY IMPROVEMENT AND AUTHORIZED FINAL PAYMENT OF SAME.
Mayor Suarez: Eighty-eight.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Eighty-eight's been seconded. Any discussion? Call the roll
on 88.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-939
A RESOLUTION ACCEPTING THIS COMPLETED WORK OF FRE
CONSTRUCTIONS CO., INC. AT A TOTAL COST OF 4687,577.94
FOR DESIGN PLAZA HIGHWAY IMPROVEMENT IN DESIGN PLAZA
HIGHWAY IMPROVEMENT DISTRICT H-4509 C.I.P. PROJECT N0.
341098 AND AUTHORIZING A FINAL PAYMENT OF $63,781.19.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote-
0
91 October 22, 1907
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: Item 89 was withdrawn from the agenda by the
applicant.
------------------------------------------------------------------------------
36.1 DEFER CONSIDERATION OF REQUEST FOR FUNDING IN ORDER TO ALLOW MIAMI HIGH
SCHOOL FOOTBALL TEAM TO PLAY AT THE ORANGE BOWL.
------------------------------------------------------------------------------
Mayor Suarez: Item 90. Do we have representatives? Do you have
Mr. ------------- here? Mr. Manager, do you know anything about this item?
Mr. Odio: Their request is $4500...
Mayor Suarez: Miami High wants to play at the Orange Bowl.
Mr. Odio: They want us to reduce the cost of playing there. We're already
absorbing quite a few dollars every time they play there. We're recommending
against any other fee waivers to the high schools. The School Board has more
money than we have.
Mayor Suarez: Well, I guess we don't have to take any action. They're not
here unless some Commissioner wants to take action on this.
Mr. Odio: But I...
Mr. Plummer: Where are we?
Mayor Suarez: Item 90 and we don't have any representatives of Miami High.
Mr. Plummer: Move that it be deferred.
37. APPROVE IN PRINCIPLE THE CONCEPT OF THE LATIN QUARTER SPECIALTY CENTER.
Mayor Suarez: Ninety-one. Willie.
Mr. Plummer: Oh, oh, Willie's here.
Mayor Suarez: That's you.
Mrs. Kennedy: Willie's here with his big presentation.
Mr. Jack Mulvena: Yes, let me introduce Willie to you. My name...
Mayor Suarez: You don't look like Willie.
Mr. Mulvena: No, I don't. I'm Jack Mulvena, executive director of the
Department of Off -Street Parking. By way of introduction, I'd like to inform
the board that both the City Department of Planning and the Department of Off -
Street Parking have long been concerned about the need for a focus in Little
Havana and the feasibility of, perhaps, a Latin Quarter Center.
92 October 22, 1987
Mayor Suarez: Jack, it looks real nice. When do we get an economic
feasibility study on it?
Mr. Mulvena: You have it in hand.
Mayor Suarez: This is what we're going to get today?
Mr. Mulvena: Yes, you're have a...
Mayor Suarez: We haven't had it mailed in advance, have we?
Mr. Mulvena: Yes, each of the Commission members should have a copy that was
hand delivered to you weeks ago. I know our board has had their presentation
and this is just a very, very quick presentation so that you can be apprised
where we are. I'd like to turn it over to Willie.
Mr. Plummer: Where are you proposing that it go, Willie?
Mr. Willie Bermello: Right across from the MacDonalds' property.
Mr. Plummer: On 8th Street?
Mr. Bermello: On S. W. 8th Street. What I'd like to do if I...
Mr. Plummer: Let me tell you something, I think you're making a serious
mistake, OK? Let me tell you why. If you have a district, you are going to
let the center of that district die by putting something like this on the
outside. Now, either we're serious about wanting to create a district in
total, everybody goes S. W. 8th Street now. That's automatic. And all you're
going to be doing is putting another project on the main thoroughfare that
gets all the traffic now. Why won't you consider putting this project in the
middle of the district and let it filter around?
Mayor Suarez: How do you figure this out, you mean the middle of the district
because you're thinking of the Latin Quarter district? I mean because this is
really the middle of Little Havana if you consider the most affected area of
East Little Havana and West Little Havana.
Mr. Plummer: No, sir, this is the Latin... Mr. Mayor, what I'm saying is,
that if you have boundaries by 12th Avenue and by 17th Avenue and you have
boundaries by S.W. 9th Street and NW 1st Street, this should be the center.
- This should be the focal point and it should draw people into the - people go
to S. W. Sth Street to...
Mayor Suarez: It just about is, it just about is, I mean...
Mr. Plummer: No, this is on 8th Street.
Mayor Suarez: Right, what do you want it to be on, 4th or Sth, we have
residential areas?
Mr. Plummer: I would say that you make it the focal, the center point of the
Latin Quarter.
Mayor Suarez: Those are residential areas out there.
Mr. Plummer: No, they're going to be changed, you know that.
Mrs. Kennedy: No, they're not. One of the most important things that they
tried when acquiring these sites was to make sure that he frontage on 8th
Street.
Mr. Plummer: Hey, look, you've got the YMCA site in there. You've got other
sites that are available in there. I'm saying that you're never going to
develop the center of this district...
Mr. Bermello: No, no. No, no.
Mr. Plummer: ... in my estimation unless you just pour a lot of cash tax
dollars in there. Eighth Street is developing beautifully and the E1 Pub site
is a great site, but if what they're doing from taxpayers' dollars, to me, it
should be the center.
93 October 22, 1987
c
V
Mayor Suarez: J.L., but remember, this particular location has not been
developing beautifully for at least three or four years, it's been
deteriorating.
Mr. Plummer: It's going to do it on it's own, Mr. Mayor. Right now, look at
this, look at what has little development has developed in the Latin Quarter.
Every bit of it has been on the perimeter and the center is going to die.
It's not going to develop. You know, commercial will develop on it's own.
Mayor Suarez: I consider this to be the center of the district, the
commercial strip in the district, this is the center.
Mr. Plummer: OK, I'm saying commercial's going to develop on its own. If
you've got something of tax dollars, I think you need to make it a focal
point. That's all I'm saying. Because where's the money going to come from
to do the central part of that Latin Quarter district?
Mayor Suarez: That's an interesting question. Where's the money going to
come from for this, Willis?
Mr. Plummer: It's not going to happen.
Mr. Bermello: Mr. Mayor, if I may, I think some of the issues that you
addressed and that Commissioner Plummer's addressing now, if you give me three
minutes, I think I can probably answer some of these questions. We have, in
fact, prepared a nine month's study which is a market and feasibility analysis
which answers a number of questions. One question is whether the Latin
Quarter can support a specialty center. The answer to that is yes. The
report basically says that in this area you can support over $50,000.000 in
annual sales in terms of food and beverage and specialty merchandise. Number
two, the report answers the question, is there a place where such a center
could be developed. We analyzed six areas. All of them were on commercial
arterials because that's the only area where retail, other than an mom and pop
little shop could be developed in the Latin Quarter. So our study analyzed
six sites on S. W. 8th Street, on 12th Avenue and Flagler, on 1st Street and
17th Avenue. Out of those six sites, we ranked four of them in order of
preference. Site D ranked as number one for the following reasons which I
think are important. Number one, it would generate the highest return to the
City and the Department of Off -Street Parking in one of the financing
scenarios I will discuss later and ranked second best on the second scenario.
Second, the land is available. Third, it is visible; it has a presence on the
one area, S. W. 8th Street, which is recognized internationally as the heart
of Little Havana. So even though it may not be the exact geographic center of
the study area, as far as everybody else is concerned, here locally and
outside of Miami, Calle Ocho is the heart of the area. Third, there is joint
development opportunity with the private sector which were not found in any of
the other five sites. There are property owners who are willing to joint
venture with the City and there are property owners that are willing to sell
their land out right without fear or problems regarding relocation.
Subsequent to that, the issue was, how much space could such a center support
and at what rates and the answers to those questions is, around 100,000 square
feet of retail, 65 dwelling units and that the rates would be approximately
$18-$20 per square foot. The program components are as follows: Ground floor
retail and second floor retail in a themed Hispanic, both in terms of
merchandising and architecture. These exhibits that you see in front of you,
and I won't get into the details, basically illustrate that. The second
component is a 400-car parking garage; four levels which would be connected to
the second level of retail by way of a pedestrian bridge which we are, for
marketing purposes, referring to it as Puerta del Sol. We think that bridge
will be very important. It will be the one single most important aspect,
visual aspect, along S. W. 8th Street from Naples to Brickell. It will be the
major stopping point and what you see here.... something similar to what Pont*
Vecchio is to Florence, we hope that the Latin Quarter specialty center in
Little Havana will be the same as Bayside is to downtown Miami and that it
will be a catalyst.
Mayor Suarez: Be great for campaign signs too.
Mr. Bermello: Another very...
Mr. Plummer: Two by two.
94 October 22, 1987
i
Mayor Suarez: A lot of two by twos.
Mr. Bermello: Another very important aspect is the amount of open space and
pedestrian areas which would be created with the project. Now, how much does
it cost? Who would pay for this and how long it would take. And I'm really
summarizing this very quickly. The project we're talking about, really a
$22,000,000 project, 21.4 million dollars. That takes into account land cost,
land acquisition, relocation, hard costs, financing, all of your soft costs
included. Now, how would it be paid for? Our study recommends that the
Department of Off -Street Parking and the City proceed on a unified development
package where the Department of Off -Street Parking would acquire the land, a
developer will build the shell and the Department of Off -Street Parking would
build the parking garage and the public amenities; the bridge, the outdoor
plazas, etc., leaving the opportunity in the event that the private market is
soft to allow for an opportunity where the Department of Off -Street Parking
builds the shell instead of the private sector and then, in turn, provides a
master tenant lease to the developer who would then go out and finish the
spaces via a master tenant lease. The differences, to both the private sector
and the public sector, are that in the first scenario where the private sector
builds the shell, there would be a $2,000,000 equity versus a 1.2 million
dollar equity if the public sector builds the shell. The return on investment
for the private sector is about the same in both scenarios. There's a 26
return on investment where they have the greater equity participation and it's
32 percent where they have a lesser equity participation. Vice versa, if the
City, the Department of Off -Street Parking solely builds the parking garage
and the public amenities and buys the land, they would have a bond issue of
around 7.4 million dollars. If they have to go out and build the shell that
increases to 11.2. The return, the cumulative cash flow to the City in both
scenarios, City, Department of Off -Street Parking, would be 1.5 million
dollars over 10 years. The difference being is one of risk. If the City and
Department of Off -Street Parking has to go out and build the shell, they're
assuming a higher degree of risk. We mention these two because, obviously,
when you go out you really don't know if you have the pulse at that moment for
a great degree of private sector interest and we think that the City and the
Department of Off -Street Parking should maintain an open mind towards this in
terms of time, we're looking, and I know Commissioner Kennedy would like for
this time frame to be much quicker that it be tomorrow, but realistically we
have to acquire land, assemble it, there has to be unified development
process, you have to review that, make selections, enter into agreements and
we anticipate that that process would take up to a maximum of three years. It
all depends on one thing and that is the interest, the priority that this
Commission places on this project and how important it is to the City of Miami
to have a project such as this in the Latin Quarter. In terms of the final
design and construction, we're thinking of two years. So overall, worst
possible case, assuming that there's support but this doesn't have a great
degree of priority, it's five years. We, hopefully, would like to see if it
could be done in three, but that would mean acquiring the land, finding a
developer and coming to an agreement within the next fifteen months and we
think that's a little bit optimistic.
Mrs. Kennedy: Willis, let me just speak for a second on behalf of this
project. As you know, it has been one of my pet projects in the beginning and
I think that it has to be as important as Bayside. It has to be conducted
just as Bayside was as far as minority participation, in fact, probably even
more so because it's in a minority area. I think that this will provide
housing for the people, it's going to provide jobs and some room for cultural
arts in the area also. It cannot work any other where other than on 8th
Street. You say that the area is not dying yet the Tower Theater is not
working, the biggest furniture store closed down, you know, the area needs
revitalization and this will have a whole synergistic effect on the whole
area. It's a great mixed use project.
Mr. Plummer: Well, you know, you can argue back and forth all day long. I
don't see it providing housing. But I think it's strong and by God, now I can
speak. All right, I no longer own something on Flagler Street. All right,
before it would have been a self interest. It's not now. Yet, I have to say
to you the very reason I moved out of Flagler Street was because of the
conditions. Now, I could make just as strong a case that this thing should be
somewhere on Flagler Street as it is...
Mayor Suarez (Off mike): Because they paid you for it.
95 October 22, 1987
Mr. Plummer: And they paid me for it, yes. As strong a case that this -
Flagler Street is in worse condition than S. W. 8th Street. No question about
it. I don't think anybody would argue that case. I'm saying to you that on
S. W. 8th Street, the commercial district, it's a beautiful project and it's a
project that must go. My only contention is, where is it going to go? We
want to see a district that is total. I don't want to see S. W. 4th Street
and 14th Avenue, whatever is there, never get developed and it's a disgrace to
this community. Southwest 8th Street is going to flourish whatever we do here
today with or without this project. I question the location. If you want to
be, in my estimation, doing a total project, why wasn't Flagler Street
considered? Why wasn't 12th Avenue? I'm saying...
Mrs. Kennedy: They were considered, but nobody knows Flagler Street as they
know Calls Ocho.
Mr. Plummer: And that's why it's going to do on it's own. That's what I'm
trying to say to you. S. W. 8th Street, in my estimation, is the focal point
that everybody knows and that's where they're going to go anyhow. If you had
it on Flagler Street, you then have increased the scope of the district.
People are going to go to S. W. 8th Street and now they'll have a reason to go
to the other end of the district. That's what I'm trying to say to you that,
and please I'm not saying Flagler Street is the ideal location, the property
might not be available over there for it. But, if you're going to have a
total district, you cannot have just S. W. 8th Street and that's the danger
that I see at the present time. Everything is going on Calls Ocho. It is not
Calls Ocho the entire district, it is 17th Avenue to 12th Avenue from Flagler
to 8th Street. Now, if you're going to be honest with us, say to us that you
want to do that whole district without depriving other areas of that district.
Mrs. Kennedy: Sergio...
Mr. Plummer: I don't want to talk to you.
Mrs. Kennedy: ... why don't you give us our expert advice on why site was
chosen over the others.
Mr. Sergio Rodriguez: Well, as you know the consultants were selected and
they studied different sites. They studied Flagler, they studied 8th Street,
12th, 17th, all over the place. We had to start somewhere. We could have
started on Flagler, we could have started on 8th Street. We have been working
for a long time now with the merchants of the 8th Street area and they have
saying and continue saying and you know because they complain to you all...
Mr. Plummer: Sure.
Mr. Rodriguez: ... the situation that they are facing. We have to start
somewhere, if we were to start on 8th Street knowing that we have already some
activities over there, it will make it more - we have a better chance to
really make this a showcase and I don't think this is going to be the and of
Lt. This is just the beginning, let us start somewhere. We already have some
development on the Flagler Street with the shopping center which is not doing
that well and in other areas.
Mr. Plummer: Why isn't it doing well? Exactly my point.
Mr. Rodriguers Because maybe...
Mr. Plummer: Because everybody goes to S. W. 8th Street.
Mrs. Kennedy: So what's wrong with that?
Mr. Plummer: Huh?
Mr. Rodriguez: No, because, because - at that point when he move over there
there was not enough in the area to move over there. We...
Mrs. Kennedy: What's wrong with that?
Mr. Plummers Because you're not then having a district. You're having a
street and that's all that you're doing.
96 October 22, 1987
Mr. Rodriguez: We have to start somewhere and we have in this area already,
some businesses which are doing somewhat well. We have new development that
is improving the image of the area. Let's go with one more impulse with the
area and try to do it and let's do Flagler Street afterwards too.
Mr. Plummer: One more impulse at $22,000,000 is going to starve any other
funds available for other areas of the so called district. I'll just say to
you, my friend, this is not an area for a street, it is a Latin Quarter
District which have boundaries far beyond 8th Street.
Mr. Rodriguez: I agree.
Mr. Plummer: Now, tell - all right, I'll tell you what. You want to be fair?
I'll be fair. I'll vote for this right now in the location that you do
providing that you come before this Commission before you buy one dollar worth
of this and tell me what you're going to do likewise on Flagler Street. OK?
Mr. Mulvena: Commissioner, if I may speak to that, while we're proceeding
with this project, we're talking to the major owner of the presidential
corners just off Flagler Street about the potential of developing that site.
Not as a Latin Quarter Center, however, because he is in a mode to
proceed ------
Mr. Plummer: No, no, no, I'm not saying that. Jack, I'm not saying that.
Mr. Mulvena: Yes, yes.
Mr. Plummer: Tell me a project that you're going to do on the other extreme
of this area in a likewise of $22,000,000 and I'll vote for that in a hurry.
Mr. Mulvena: And when we came, yes, I understand that, yes, OK.
Mr. Plummer: And I'm not going to say Flagler Street.
Mr. Mulvena: OK.
Mr. Plummer: OK?
Mr. Mulvena: Yes.
Mr. Plummer: I'm telling you that I'll vote for this right now.
Mr. Mulvena: Can't do that.
Mr. Plummer: Right now as you propose it and as you locate it. But I want to
say to the people that this is going to be a district and that you're going to
take and invest just as much money in something on somewhere on Flagler Street
to give the two boundaries some identification. Because right now, there are
no identification marks on Flagler Street. I saw a beautiful study in your
office that you all were supposed to do two years ago about an entrance there
at 12th Avenue by Firestone. I haven't seen the first tree go in there yet.
OK? I've seen some adverse things go in there but I'm saying to you, please
we created a district, make it a district, not a street. That's all I'm
saying to you.
Mr. Rodriguez: We hear you and the only thing we can do is come back to you
with another proposal in another site, but you cannot have two specialty...
Mr. Plummer: No, no, no. I'm not saying move this one. Leave this one where
it is...
Mr. Rodriguez: OK.
Mr. Plummer: ... if that's what you want to do. Leave it where it is. Bring
me another proposal with the same kind of numbers and the same kind of
everything on Flagler Street somewhere or S. W. Flagler Terrace, so that we do
have recognition to both sides and, hopefully, the center will fill in.
Mr. Rodriguez: You know...
97 October 22, 1987
Mayor Suarez: Hopefully, the center will stay pretty much the way it is now,
which is residential. From my perspective.
Mrs. Kennedy: The center...
Mr. Plummer: Residential, yes, not -------
Mrs. Kennedy: It has to stay residential.
Mayor Suarez: Let me ask you a question though, Sergio. What exactly, or
Jack, what exactly are we being asked to approve today? Are you just trying
to keep us apprised of the progress and convince us that the economic
feasibility numbers are right or if we were to vote favorably does that mean
that you're going to issue bonds and break ground or what?
Mr. Plummer: Oh, no, no, you're a long way.
Mr. Mulvena: Well, the board...
Mayor Suarez: Because we've had presentations, you know, where...
Mr. Mulvena: Sure, the board of the Department of Off -Street...
Mayor Suarez: It looks very nice.
Mr. Mulvenas Sure, the board of the Department...
Mrs. Kennedy: Jack, also include the number of owners that we're talking
about when you say we have to purchase these sites.
Mr. Mulvena: OK, OK, it's more ---
Mr. Dawkins: The board what?
Mr. Mulvena: The board of the Department of Off -Street Parking did like the
idea, they did accept the feasibility study and they've authorized me to
proceed ahead to inform the Commission and move towards a unified development
process...
Mr. Plummer: That's fine.
Mr. Mulvenas ... which is the next step.
Mr. Plummer% That's fine.
Mr. Mulvena: They've also authorized me if we had the blessing of the
Commission, to proceed to negotiate the acquisition of some properties there.
Mayor Suarez: You would do that parallel with beginning the UDP process?
Mr. Mulvena: Oh yes, we would begin in the securing of properties, we...
Mr. Dawkins And you're going to take Off -Street Parking funds to acquire the
land that you're negotiating with?
Mr. Mulvena: Yes, we've been using, right. Much as we've done in other
surface lots...
Mayor Suarez. I thought you'd already begun negotiating and were ready to
actually - I thought you had purchased one.
Mr. Mulvenas No.
Mr. Plummer: Hell, I was told a year ago that the E1 Pub property was already
bought.
Mr. Mulvena: No, we...
Mayor Suarez: I thought you were going to close on that.
Hr. Mulvena: hell, we haven't closed but we have negotiated and we have a
dollar figure and we have all that completed,
98 October 22, 1987
Mayor Suarez: Do you need our approval to purchase that property?
Mr. Mulvena: No, no, all we need from the Commission is a blessing of the
project and if there are provisos...
Mayor Suarez: Approval in principle.
Mr. Mulvena: Yes, as Commissioner —
Mr. Plummer: Well, I got a question based on Willie's comments.
Mr. Mulvena: Yes.
Mr. Plummer: Willie, you talked about a return to the City and/or the Off -
Street Parking Authority of a $1,500,000 over ten years. Was that your
statement?
Mr. Bermello: That's correct. That's correct.
Mr. Plummer: That's $150,000 a year.
Mr. Bermello: If you divide it equal into ten years.
Mr. Plummer: OK and if you divide it in half, that's $75,000 to each equity
depending on the amount of risk.
Mr. Bermello: Correct.
= Mr. Plummer: OK. I'd like to venture to say that that property that I see
that you're going to acquire won't even amount to $75,000 off the tax rolls.
Is that figured in? Who is going to be the owner?
Mr. Bermello: Well, what we're recommending is that obviously the Department
of Off -Street Parking be the owner, and they...
Mr. Plummer: They're tax free. So, you know, I'm just trying to put some
numbers here together. You're talking about a $22,000,000 project with a
return of $150,000 a year. Where's the equity?
Mr. Bermello: Well, basically, the return on equity we were counting on it in
terms of the private sector, that's how we were calculating it.
Mr. Plummer: Well, but if that be the case, how much is the private sector
making out of this thing?
Mr. Bermello: What... however...
Mayor Suarez: Well, the return on the equity from our standpoint is only the
acquisition of the land. I mean, the rest is being financed by itself.
Mr. Plummer: No, they're talking about bonds.
Mayor Suarez: Yes, but the bonds are financed from the income from the
property. What is the cost of acquisition of the property?
Mr. Bermello: It's around 2.4 million dollars.
Mayor Suarez: So it's 2.4 million dollars and we expect to generate $150,000
a year. It's not 10 percent, that's for sure.
Mr. Plummer: A plus, plus what you're taking off...
Mayor Suarez: It's 7 whatever, 8 percent, 6 percent.
Mr. Plummer: Plus what you're taking off the rolls of taxes.
Mayor Suarez: I don't think the figures for taxes are anywhere near what
you're saying though, Commissioner.
Mr. Plummer; What do you show in your financial study? OK, what does your
study show that the private developer is going to make on his return?
99 October 22, 1907
Mr. Bermello: He's going to make 26 percent return on equity in the event
that he builds the shell and he'll make 32 return, 32 percent return on equity
in the event that the City builds the shells.
Mr. Plummer: Is that 32 percent over the 10 years or is that 32 percent a
year?
Mr. Bermello: That's annualized.
Mr. Plummer: He'll make 32 percent.
Mr. Bermello: That's correct.
Mr. Plummer: Can I resign from the Commission and be the builder? Do you
know any place else in this world where you're getting a 32 percent return?
I'm asking the question.
Mrs. Kennedy: That's leverage.
INAUDIBLE RESPONSE.
Mr. Plummer: Huh?
INAUDIBLE RESPONSE.
Mr. Plummer: Well, I'm just asking the question, they've done the financial
study.
Mayor Suarez: Well, if it's that good - wait, if it's that good, we will have
a lot of participants in the UDP process. If it's not that good, and if
people don't believe your figures, we may have no participants in the UDP
process.
Mr. Plummer: Well.
Mr. Bermello: That's right. That's correct.
Mr. Plummer: OK, you know...
Mayor Suarez: It's happened before.
Mr. Plummer: Thirty-two percent return.
Mayor Suarez: You know, I don't necessarily believe that that would be...
Mr. Plummer: But I'm using his numbers, Mr. Mayor.
Mayor Suarez: But, it's irrelevant...
Mr. Plummer: It's not my numbers.
Mayor Suarez: ... what his numbers are, except to the extent that we want to
proceed with the acquisition of the property and then go through UDP. If we
don't later get the bidders, what we've got is some land that we've got to
turn around and sell back to somebody else and do something else with it.
Mr. Dawkins: Do you have an option on this property where - I mean, a
consignment where once somebody finds out what it is, that it cannot go up?
Mr. Bermello: I didn't quite understand the question, Commissioner Dawkins.
Mr. Dawkins: OK, the question is...
Mr. Bermello: What happens if we don't have any interest from the private
sector to do anything on the...
Mr. Dawkinss No, no, no, no, Willie.
Mrs. Kennedy: To have an option?
Mr. Dawkins: How many acres is this?
100 October 22, 1987
Mr. Bermello: It's about 4.2 acres.
Mr. Dawkins: All right, do you have title to 4.2 acres?
Mr. Bermello: No, sir, the only thing right now that I understand the
Department of Off -Street Parking has is that they have negotiated a price with
the owner of the E1 Pub restaurant on the corner of 15th Avenue and S. W. 8th
Street and the adjacent property owner.
Mr. Dawkins: What happens if the other guy decides he wants an arm and a leg
for his piece property and you can't buy it?
Mr. Bermello: OK, I understand that the would have to go through the eminent
domain process, which the Department of Off -Street Parking could do for
parking.
Mr. Dawkins: Why? You know, that's why I have a problem with Off -Street _
Parking. See, Off -Street Parking comes in and makes all these commitments and -
all these promises and then we are the ones that have to go through this and
what have you, OK? Now, Off -Street Parking, yes, you right, goes through -
eminent domain, but you know who gets blamed for closing it down?... the
Commission! Off -Street Parking should go out and acquire the land now if they -
are so sure this is going to go.
Mayor Suarez: That's what they are going to do.
Mr. Mulvena: By the way, we are Commissioner, yes.
Mrs. Kennedy: Talking about Off -Street Parking, Jack, I guess a logical
question to ask at this point, is how is the reduction of parking meters
affecting this, if at all?
Mr. Dawkins: Oh, that's a good one.
Mr. Odio: No, they will not affect this at all.
Mr. Dawkins: Yes, it will.
Mr. Odio: No, sir.
Mr. Dawkins: I am getting ready to pass a resolution this afternoon that all
those parking meters you all took down, you will not put them in my
neighborhood.
Mr. Odio: Oh, that is what we were going to do.
Mrs. Kennedy: Well, that is another subject, we can talk about that this
afternoon.
Mr. Dawkins: I don't care where you plan to put them. See, you talk about
you are going to move them from here and put them over there, no way!
Mayor Suarez: Right in front of your house!
Mr. Dawkins: No way.
Mr. Odio: We have one with your name on it Commissioner.
Mrs. Kennedy: OK, well, I will tell you what. We will...
Mayor Suarez: 1650 of them, piled up on your yard, huh?
Mrs. Kennedy: At this point, I am going to move to accept this in principle.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
101 October 22, 1987
F
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-940
A MOTION APPROVING IN PRINCIPLE THE CONCEPT OF THE LATIN
QUARTER SPECIALTY CENTER, AS PRESENTED BY WILLIE BERMELLO
AT THE OCTOBER 22, 1987 CITY COMMISSION MEETING.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
COMMENTS DURING ROLL CALL:
Mr. Dawkins: When you come back, my first item will be, no more parking
meters in my area.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:09 P.M. AND RECONVENED AT 2:27 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONERS CAROLLO AND KENNEDY.
------------------------------------------------------------------------------
NOTE FOR THE RECORD: BRIEF CELEBRATION WAS HELD IN HONOR OF
COMMISSIONER PLUMMER'S 17TH ANNIVERSARY AS A COMMISSIONER.
38. ALLOCATE $30,000 TO FAMILY HEALTH CENTER, A DRUG/ALCOHOL TREATMENT
PROGRAM FOR WOMEN.
Mayor Suarez: Item 92, the Family Health Center. Jessie. We've got a
quorum. As long as we've got a quorum, let's... there she is.
Ms. Jessie Trice: Thank you, Mr. Mayor and Commissioners. My name is Jessie
Trice. and I am the executive director of Family Health Center. I am here
today to represent citizens within the City of Miami, specifically women.
Mr. Plummer: Let me you ask you a question first. Has this matter been
presented to the Administration?
Ms. Trice: If I understand what you are saying, yes, it has.
Mr. Plummer: In other words, they have had the chance to review it and they
are ready to make a recommendation, Mr. Manager, on 92?
Mr. Odio: 927 Yes, sir.
Mr. Plummer: Thank you. Proceed.
Ms. Trice: What I would like is to have the opportunity to talk to you about
a very innovative and creative program for women, but in anticipation of some
of the questions that you will ask, I'd like to tell you what we want to do,
why we want to do it, how you can help us, because I am here today to ask you
to provide us with some funding. What we want to do is to provide a
residential, comprehensive substance abuse program for women. In addition to
that, we want to provide day care, outpatient care and all of the treatment
that will go along with making these women contributing citizens to our city.
The success of this program and your participation will do many things. One,
it will help to reduce crime; two, it will help to improve family stability
102 October 22, 1987
t
and I hope I don't need to talk to you about the crisis that we have as it
relates to inner-city families and especially poor women. It will impact the
harmless and we will reduce the infant mortality rate. Now, if I can, I would
like to talk with you a little bit about the request that we are making of
you, and that is for a minimum of $30,000 to help us to maintain the children
that these women will have that we will be treating with them. One of the
problems that we have with women on drugs, and let me just back up one step.
Often times with women, the reason they are on drugs in the first place, is to
help them to survive within an environment that they don't see how they can
get out of. In other words, it may be violent, or there may not be anybody to
contribute to the livelihood of the family and in order for them to do that,
to maintain some degree of sanity, they are driven to take drugs. So many
times, what I am saying, women take drugs for very different reasons,
sometimes, than other populations. The other thing is, women do not go into
treatment programs for a number of reasons. One, is because no matter how low
their self-esteem happens to be, if they have children, they want to stay with
their children, or to keep their children with them. One of the things that
often happens whenever they... we find a bed for a woman, she has to sacrifice
the children to HRS, where they may be placed in foster homes, because I know
that you know that many of the women are on crack, and that our alcoholics are
often times without a support system, where their families will not help with
them. Now, we are not asking you to fund Health Services, we are not asking
you to fund the treatment for the women, but we are asking you to help us to
keep the children where we can work with the women, to help them to get their
heads straight, help them to prepare for a job, because certainly a part of
this program would to place these women once they have completed our program
into a job and hopefully affordable housing. But, if we are going to try and
help the women, it would be defeating to separate mother from her children.
Another major important part of the program will be to prevent unborn babies
from being born addicted to drugs and I am sure all of you know that we have
an increase in babies being born addicted to alcohol, crack and several other
drugs, so we will be accepting poor, pregnant women within this program. If
you are wondering whether we are working with any other groups to help to
support the program, yes, we are, and that is part of the reason why we are
only asking you for a very small amount of money.
Mrs. Kennedy: Can you tell us what is your total budget and what other
agencies are helping?
Ms. Trice: Sure. The total budget right now
to provide the treatment for the women, and by
residential care; after they leave that, da
Mr. Plummer: Where are you being funded by?
y
Ms. Trice: We are being funded by the State, through the department of HRS.
The funds were appropriated by the Legislature last year, so we are working
closely to, with HRS, really with Mr. Frank Rabbito. We are working with
Metro -Dade County, because our funding does not provide for a permanent
facility and we have been working with HUD to find a place that we can have on
a permanent basis, but it is for the children that we are here to ask for your
help.
Mr. Plummer: Mr. Manager, your recommendation?
Mr. Odio: This is a very good program and I would love to be able to say
today that... it is needed, the community needs it, but we have allocated all
the funds that we had, our budget is done for the year. I have no other funds
that we could allocate to that program. I would suggest that what we can do
is put the staff to work with them in finding grants for them in Washington
and also through the McKinney Homeless Assistance Act and see if we can get
the funds for them. That we can do.
Mrs. Kennedy: Let me ask you, because we all know how much it takes, how much
it costs to take care of a baby that has been born to an addicted mother. Is
there perhaps anything else that the City can do, other than the funds? Is
there anything else that you can think of that you need?
Ms. Trice: Yes, there are a number of things the City can do, but I guess at
the risk of appearing impertinent, I guess one of the things I would like to
raise with the Commission, because I have never been before this Commission
103 October 22, 1987
f
before, and was leery about coming this time, but I guess when t hear that you
don't have any funds now, the question for me rises, what value do we place on
the lives of human beings? ... because the people that I am talking about are
people that are poor and if there were other resources, we would not be here
and I am only asking for help for children, because I guess from our
perspective and I know from these women's perspective, if they could be here.
It is a choice that we will make today for a minimum amount, or a choice that
we will make tomorrow that is going to be quadrupled.
Mr. Odio: If I may, you know I have a high respect for what you are doing,
but see, it is $30,000 for you, then the next presentation will be asking for
$15,000, the next one after that for $25,000, the next one after that for
$50,000, and when you add them all up, it adds up to millions of dollars and
we just don't have it.
Mr. Dawkins: I make a motion that we award the $30,000 on the same
humanitarian reasons that we awarded $300,000 to the other agency out there to
feed the hunger.
Mrs. Kennedy: Second. And let me also...
Mayor Suarez: So moved and seconded.
Mrs. Kennedy: And under discussion, let me tell you that there are a number
of public spirited companies here that are interested in helping projects like
these. I recently met with Peter Shapiro, a high official from Citicorp and
we discussed programs such as yours, so if you would like to speak to Martha
Martinez-Aleman before you leave, my assistant, we will put you in contact -
with him.
Mr. Dawkins: What Jessie failed to tell you is that she is working as hard as
she can and this is a stopgap that she needed in order to bind her over. As
she said, she did not want to come here, in fact she didn't want to be
humiliated by coming here, but by being able to service the populace that she
is trying to service, it was one of those things that she just had to do.
Ms. Trice: Thank you, Commissioner, and we will talk with her, because we are
working with Mr. Everett, who has the ad group and they too are going to help
us an awful lot. Thank you very much.
Mrs. Kennedy: Call the roll.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-941
A RESOLUTION ALLOCATING $30,000 FROM THE SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND, TO THE FAMILY HEALTH
CENTER, INC. TO SUPPORT THE AGENCY'S SUBSTANCE ABUSE
TREATMENT PROGRAM FOR WOMENI 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 Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
104 October 22, 1987
t
39. DISCUSSION OF REQUEST FOR FUNDING BY REPRESENTATIVES OF ST. LUKE'S CHILD
CARE CENTER, IN SUPPORT OF THEIR PROGRAM SERVING CHILDREN OF SUBSTANCE
ABUSING PARENTS.
Mayor Suarez: Item 93.
Ms. Francisca Ferro: Good afternoon. My name is Francisca Ferro. I am
administrator for St. Luke's Day Care Center. I am almost similar like the
past lady that you have here. We have day care centers that is mixed. We
have some children that came from low income families and we have 25 children
that came from drug abuse parents. The total number of children that attend
the center are 56 children. Among the children we have babies that are from
two weeks to five years old. This year we are confronting a problem with our
budget and we are short $13,000.
Mrs. Kennedy: How much?
Ms. Ferro: Thirteen. We first say fifteen, but we were looking through our
budget, and we want to see how little we can ask you, and unless something
happens to make up this deficit, we have to take out one of our assistant
teachers. That means that we have to put out some of our babies.
Mayor Suarez: I will ask the same question that the Vice Mayor asked before,
has it been through the Manager, and do we have a recommendation, and to you,
Paquita, after he is finished, will you tell us where you get your funding
then.
Mr. Odio: Again, this is a worthwhile project, but my recommendations, based
on the same thing that we have no funds at this time. They were all allocated
from social services, and I have to recommend against it.
Mrs. Kennedy: Let me just say something for the sake of discussion. I think
every child care center is needed. The problem is that the City has to take
care of its own child care centers first, and they are in dire need of help
and funding.
Ms. Ferro: I know what you mean, but let me tell you, we never have come here
before and believe me, it is hard for me to be here, because I know how hard
is day care in the City of Miami. I know all the day cares have a lot of
needs, and if we don't have it really, in a hurry, I am not going to be here.
When I came here after I said 415,000, I was looking through my budget. I
don't want to ask for money that is maybe is too much more for you, and after
I looked through my budget, I said, "Well, maybe they can help me to have only
one assistant teacher. It is the only thing I would like to ask, for one of
my assistant teachers, because without that, I have to put out five of my
babies, and believe me, like the other lady said, they really need it. We
give to them three meals of the day.
Mayor Suarez: Where is the location of your center?
Ms. Ferro: My location is at 3290 NW 7th Street. We give today not only
food, we give to them what they need to go to the school and we give it today
to the psychologist.
Mayor Suarez: Let me ask Mr. Castaneda, do we have any realized savings from
Community Development Block Grant monies for the year, the current fiscal
year, as opposed to the next one? Does it begin July 1st or is it October
lst?
Mr. Castaneda: Commissioners, as you recall, you allocated all the amount of
money for social services last year. We said that...
Mayor Suarez: Which was what, beginning when?
Mr. Castaneda: The fiscal period is from July lot through June 30th.
Remember, that we had said that there was going to be some money left over the
prior years and we did allocate that, you know, I believe, at the first
September meetings so you know, that is all there is.
105 October 22, 1987
Mayor Suarez: The next round will begin except they begin in March, right? 1
mean the applications are considered in March.
Mr. Castaneda: Well, the CD process, recommendations, things like that, will
be starting pretty soon, but the fiscal year of funding will not start until
July 1st.
Mr. Plummer: It is just... if you look at this agenda, it is getting
ridiculous. Where are you getting your funding from now?
Ms. Ferro: Well, we are getting our funding from HRS, title 20 and chapter
one.
Mr. Plummer: What is your total budget right now?
Ms. Ferro: My budget...
Mr. Plummer: Your total budget..
Ms. Ferro: My total budget I've got here, $342,340. I am asking for only
three percent of my budget.
Mr. Plummer: But, how many kids are you serving?
Ms. Ferro: We serve 56 children, total, the total.
Mrs. Kennedy: Did you say $342,000?
Ms. Ferro: Yes, $342,000.
Mr. Plummer: $346,000?
Ms. Ferro: Believe me, I am asking only for one of my assistants teacher's
salaries, that is all I needed, because without that, I have to put her out,
and Lisa, is going to be... one of our assistant teachers is going to be out
of work and I am going to lose five of my children and they really need it,
they are babies and they...
Mayor Suarez: Be careful, he is calculating, that is always dangerous. He is
going to come out with something like...
Mr. Plummer: I am going to try to come out with the truth.
Mayor Suarez: ... with a check $6,000 for...
Mrs. Kennedy: Yes.
Mr. Plummer: Over. It is almost $7,000 a child. You are not providing for
the needy at $7,000 a child. I have a problem here with our day care center
costing $4,000 a child.
Ms. Ferro: Yes, I know. Let me tell you. I know our day care is expensive,
because we have...
Mr. Plummer: Sweetheart...
Ms. Ferro:... to spend plenty...
Mr. Plummer: ... day care is expensive, but you know, the City is about
taking care of the problems of the needy, and $7,000 a child, I can send them
to the University of Miami for that!
Ms. Ferro: I know what you mean. I understand that what you mean, but
listen...
Mr. Plummer: Yes, but can't you cut back the level of service and still... if
the City of Miami can do it for $4,000 a child, then there is a $3,000 gap, it
would seem like to me, if you cut back just $500 a child, you would have your
$13,000.
106 October 22, 1987
Ms. Ferro: But, let me explain to you, we can't cut you know why? Because
these children, they are special children and we have to provide them and
their parents...
Mr. Plummer: Wait a minute, what do you mean, special?
Ms. Ferro: Because they came from drug abused parents.
Mr. Plummer: Are they handicapped?
Ms. Ferro: No, they came from... well, almost, because let me explain to you
some children that come from drug abused parents, they have a lot of problems
and we have to use psychologists. We have to give them treatment and it is
not only, you know only that you give it to other children that are normal,
you can give them food and you can give it to them, but they need to go to
school. These children are special, really, and we have to spend a lot of
money on them because we need special people over there too.
Mrs. Kennedy: How much do you pay supervisors?
Ms. Ferro: How much?
Mrs. Kennedy: How much do you pay them?
Ms. Ferro: What?
Mrs. Kennedy: How much do you pay your supervisors or whatever you call them.
Ms. Ferro: My supervisors? I am the supervisor over there. I am the...
Mr. Plummer: No, how much do you receive? What is your pay?
Mrs. Kennedy: How much do you pay, or much do receive?
Ms. Ferro: My pay?
Mr. Plummer: Yes, how much do you receive personally?
Ms. Ferro: $22,000 per year.
Mr. Plummer: Boy, you ought to go to work for the City, you'd make $40,000.
That's true.
Ms. Ferro: Can you give me? I'll take itl
Mr. Plummer: No, the supervisor of the day care in the City makes $40,000 a
year.
Mrs. Kennedy: Maybe the problem is that there are too many of them. How many
supervisors are there then?
Ms. Ferro: In the program, me only. Only me.
Mr. Odio: The difference is...
Ms. Ferro: In my program is only me.
Mr. Odio: ... we pay our supervisors $40,000, but for that we get four day
care centers that cost a total of $650,000, so we are running four day care
centers.
Mr. Plummer: Well, we are taking care of 156 kids, too.
Mrs. Kennedy: Right, and here is three hundred and...
Mr. Odio: More than that, 180.
Mr. Plummer: 180, now?
Mr. Odio: 180.
Mrs. Kennedy: Something just doesn't add up.
107 October 22, 1987
t
Mr. Plummer: I'd like to help you, but I just don't know how.
Ms. Ferro: You don't know how. I don't know either. What am I going to do
with my babies?
Mr. Plummer: To me, if you take and find a way to cut $50 a child, you've got
your money.
Ms. Ferro: To me too, but that is impossible, believe me.
Mr. Plummer: And you are talking $7,000 a child, that is... anybody got any
ideas, I'll listen. By the way, Mr. Manager, I am going to be giving you, or
presenting a thing for the City to consider in that RFP. Has the RFP gone out
yet to the private sector? Why not?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: You are going to have one bid come in under $2,500 and it is a
good bid.
Mayor Suarez: No motion on item 93? We are going to go on to 94, and thank
you for your presentation.
Ms. Ferro: OK.
Mayor Suarez: Don't hesitate to apply for Community Development Block Grant
monies around the time of the beginning of the fiscal year, which is before
July 1st.
40. DEFER CONSIDERATION OF CREATING AND ESTABLISHING BAYFRONT PARK
MANAGEMENT TRUST TO NOVEMBER 12TH CITY COMMISSION MEETING.
Mrs. Kennedy: Mr. Mayor, before we go on, I would like to reschedule the
Bayfront Park item for the next Commission meeting.
Mr. Plummer: Second the motion.
Mrs. Kennedy: We are still back on the working drawings.
Mayor Suarez: OK, you had requested for it to be tabled so we could get
further information rather than postpone it. I have a motion to defer and a
second. Any discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-942
A MOTION RESCHEDULING PROPOSED SECOND READING ORDINANCE
CREATING THE BAYFRONT PARK MANAGEMENT TRUST TO THE
NOVEMBER 12, 1987 COMMISSION MEETING.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT; Commissioner Joe Carollo
108 October 22, 1907
a
40.1 RESCHEDULING BOTH DECEMBER COMMISSION MEETINGS TO BE ON DECEMBER 10,
1987.
Mayor Suarez: By the way. talking about postponements and deferrals, what was
the issue on the December Commission meeting that, Aurelio, you were telling
me have to be resolved today?
Mr. Plummer: We already took care... oh, you mean from the...
Mayor Suarez: No, not in December, I think.
Mr. Perez-Lugones: We need to set the second meeting in December because we
wouldn't have time for the mail out of the Planning And Zoning...
Mr. Plummer: No, we decided we were only going to have one meeting in
December.
Mr. Perez-Lugones: but I don't believe... did we vote on that? —
Mayor Suarez: I thought it was October and November, Commission, not
December.
Mr. Plummer: Listen to me, Scrooget Scrooge. December is Christmas. One
meeting!
Mr. Odio: (OFF MIKE) We had one meeting and it was (INAUDIBLE)... —
Mr. Plummer: Exactly! -
Mayor Suarez: Did we do that already then, so there is no need to do...
Mr. Plummer: Yes, we did it at the last meeting.
Mayor Suarez: OK. All right, item 94.
Mr. Dawkins: What date is it?
Mrs. Kennedy: Did we set a date?
Mr. Plummer: December loth.
Mr. Odio: The Clerk is saying that you did not vote on it, so...
Mr. Plummer: The Clerk didn't hear it. We voted on it.
Mayor Suarez: OK, I entertain a motion on that.
Mr. Plummer: It was incorporated in one motion.
Mrs. Kennedy: So moved.
Mayor Suarez: Moved and seconded. Does that resolve the other problem,
Aurelio? Any discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-943
A MOTION RESCHEDULING THE SECOND COMMISSION MEETING IN
DECEMBER TO TAKE PLACE ON DECEMBER 10, 1987. (Note: This
motion was later formalized as R-87-971.)
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote-
109 October 22, 1987
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
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41. APPROVE GRANT CREDIT FOR USER FEES TO BE PAID BY TROPICAL CLEAR BLUE
LAUNDRY SERVICES, INC. FOR USE OF LAUNDROMAT SPACE IN THE OVERTOWN
SHOPPING CENTER, AND DESIGNATE CITY'S LIAISON TO MONITOR THOSE CHANGES
NEEDED FOR SAID FACILITY.
Mayor Suarez: Mr. Williams.
Mr. Robert Sanders: Good afternoon, my name is...
Mr. Plummer: Excuse me, has item 94 been before the Administration, Mr.
Manager? Has item 94 been before the Administration? You are ready to make a
recommendation? Thank you. Proceed, sir.
Mr. Sanders: My name is Robert Sanders and I am the president of the Tropical
Clear Blue Laundry, which is an establishment in the Overtown Shopping Center,
and I am here primarily, because there seems to be some kind of
misunderstanding between the business and the City and I see the first one is
here on the agenda, where you say here that we are requesting additional
financial assistance. We have never received any financial assistance from
the City, I'd like to make that clear before I proceed. The reason I am here
is because when I considered opening the business in the shopping center in
Overtown, I had to take certain things into consideration. I had to talk to
the City and find out exactly what the City would do, and based on those
promises, I made the decision to open a business. Now, some of the promises
made that I am somewhat concerned about is, one, I was promised a certain
amount of security; I was promised that they would place an iron gate in front
of my establishment. I was promised that they would paint and repair the
building before moving in. None of this was done.
Mr. Plummer: Who made those promises, sir?
Mr. Sanders: At the beginning, I was dealing with a Miss Janet Reid, OK?
Mr. Plummer: She works for the City?
Mr. Sanders: Yes, she works for the City.
Mr. Plummer: Do you have those in writing?
Mr. Sanders: No, I don't have it in writing. That is something I want to
bring up. We came up with the lease.
Mr. Plummer: Excuse me. This Janet Reid, who does she work for? Is she
present? Would you get her here? If she made those promises, we have got to
live up to them. If she didn't make those promises, thank you.
Mr. Ron Williams: Commissioner, if I may explain. Miss Reid works in the
Department of Development and as you know, a few months back, you all
approved, at the Manager's request, that we transfer that responsibility from
the Department of Development to GSA and GSA is now...
Mr. Plummer: The gentlemen did not say that it was made, that promises were
made by a department. He said they were made by an individual who he named.
Mr. Odio: Let me make it simple...
Mr. Plummer: May I suggest that you have that individual here to tell you
that she did or she did, since he had nothing in writing.
110 October 22, 1987
Mr. Odio: Well, let me say this, let me save some time. We are willing to do
it. We will do it.
Mr. Plummer: Oh, do it?
Mrs. Kennedy: How much money are we talking about?
Mr. Sanders: Well, the thing is, I spent the money to do it myself and I am
out of those funds, now.
Mrs. Kennedy: You want to be reimbursed for this?
Mr. Sanders: I would love to be reimbursed. The next problem I want to touch
on is...
Mr. Plummer: How much is that amount of money?
Mr. Sanders: We spent $2,000.
Mr. Plummer: And you have receipts for all of that?
Mr. Sanders: Yes. OK, the next thing I want to touch on. Again, I started
trying to get a contract, a lease with the City, last July and I was told that
it would take about 30 days to process the lease. I went out and secured some
business, based on that time frame. I got a contract with a company to do
wash and fold that was worth $750 a month, OK? As it turned out, it took
seven months to get the lease processed, at which time I lost the contract
because the company was tired of me saying, "I'm sorry, we will do it next
month," because that how it was given to me. "You'll be able to open up next
month." This happened for seven months. I lost the $750 contract. The
problem here is this - now I am being hounded... I shouldn't... that is a
rather strong word. OK, hounded. I'm hounded by a Mr. Armada, he just wrote
me a letter about rent. I have requested that the $2,000 that they owned me,
they would accept that in lieu of the rent, and I wrote this, sent it... I
think I sent a copy to you, Mr. Plummer, and Mr. Armada, and I was told that,
"OK, hold off, we'll get back to you." No one got back to me for about three
or four months, and all of a sudden, I am a bad character. I feel that...
Mayor Suarez: What is your monthly rent?
Mr. Sanders: My monthly rent is...
Mr. Odio: He owes $1824 at this moment, that is all.
Mayor Suarez: One figure is awfully close to the other. Why don't we just
take a vote on it and go on to the next item.
Mr. Dawkins: No way.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I've got a lot to say here.
Mayor Suarez: Well, go on or we'll go on to the next item, then, because it
doesn't sound like it... if we are willing and it's the Commission's consensus
and the recommendation of the Manager is that we are willing to pay you back
for those expenditures, whether you want it back in rent abatement, or cash or
whatever, is really up to you, so that is not a problem. What is the next
step?
Mr. Dawkins: The only problem is, my... well, I don't know what his problem
is, but mine are... Mr. Manager, is that the iron gate that is supposed to
slide up and down to the entrance of this building?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: What iron gate is it we are talking about?
Mr. Sanders: This is one that is placed across the windows of the
establishment itself. It is across the windows and there is a gate and the
reason we wanted that is because the iron gate to the breezeway never
operated.
III October 22, 1987
i
Mayor Suarez: That is...
Mr. Sanders: There were nights I had to...
Mr. Dawkins: Now, why, Mr. Williams.
Mr. Sanders: Sanders.
Mr. Dawkins: Mr. Manager... no, no, I know who I am talking to, sir.
Mr. Sanders: I'm sorry.
Mr. Dawkins: No, no, Mr. Williams and Mr. Manager... no, first I will ask Mr.
Williams. Mr. Williams, where is Herb Bailey? Herb Bailey, come up here too.
Mr. Williams and Mr. Bailey, how long has it been since I asked that the
Administration repair that gate and the Manager gave orders that a special
purchase order, or whatever is takes to get that gate done, how long ago was
that?
Mr. Williams: That was quite a while ago, but the gate is fixed, Mr. Dawkins.
It has been for quite a while.
Mr. Dawkins: Well, this gentlemen says it is not operating.
Mr. Williams: He is talking about another gate that he has constructed in
front of the...
Mr. Dawkins: No, he is saying the one to the breezeway. Now... all right,
I'll tell you what. I am going to take a recess. I am going to ride... no,
no, nol... I am going to ride out there with this gentlemen while you get on
with this meeting, and I will be back. Come on, sir, I am going to ride out
there with you.
Mr. Williams: Commissioner Dawkins, I don't think there is any confusion. I
don't think you understood it.
Mr. Sanders: What I am saying, sir, is that the gate... we were in the
establishment several...
Mr. Dawkins: Mr. Williams, Mr. Williams, all this isn't necessary, sir. They
haven't fixed the gate, OK?
Mr. Williams: The gate is fixed. The gate is fixed, sir.
Mr. Dawkins: You are suffering the same thing that Miami Dade Community
College suffered. Right now, Miami Dade Community College cannot pay the City
of Miami money, because they did not sign a lease and when they got ready to
sign a lease, the money way gone by. For some reason, somebody out there is
dragging their feet and you are getting caught in the hassle. It is just that
simple. Yes, sir, Mr. Manager.
Mr. Odio: The problem is the gate that we ordered, that you ordered to have
fixed was fixed, but the problem is the gentlemen needs a separate gate, and
that is what he is talking about. He needs a separate gate all together,
Commissioner.
Mr. Dawkins: Well, if you are trying to encourage... well, here is a man who
is coming in a high crime area, willing to risk his money, in a business, in a
building that we are begging people to come in business there. It looks like
we would be breaking our necks to try to assist himl
Mr. Odio: We are.
Mr. Dawkins: No, we are notl
Mr. Odio: Well, he claims yes, we are sir.
Mr. Dawkins: No, sir, no we are not.
Mr. Plummer: Well, but wait a minute, Mr. Manager, now can you say you are
trying to assist him when it takes seven months to get a lease?
112 October 22, 1987
Mr. Odio: Well no, the problem...
Mrs. Kennedy: Instead of sixty days.
Mr. Plummer: See, we can deal with his problem today, that is the problem.
The solution is not just paying out his money and waving it and washing it.
clean. The problem is the shopping center, the entire shopping center. Now,
if in fact, this is the case with each one of the people that go in there, you
are doomed for failure.
Mr. Odio: Commissioner, we gave him a revocable permit. He was able to
operate there. The least problem, one of the least problems that I understand
we '.:✓e is that we cannot get together on the amount of rent he will pay.
Mr. Dawkins: Do what now?
Mr. Williams: If I may, Commissioner, let me say what happened. Acknowledged,
the lease process did not go as smoothly and as quickly as it should have and
we should have done better, and we will insure, that does not happen.
However, when things were so slow, we came to you with a revocable permit so
that we could immediately get the gentlemen in there and get it going. We
presented that to you with a rent structure that we thought was appropriate.
You all then decided that that was too low and requested that we add an
additional caveat which was five percent of his gross after he reaches a
certain amount a month, and that, I think, and we didn't give the gentlemen a
chance to get to is, is part of what he would like to see as addressed, on the
Administration side, we think that that is a reasonable request. Granted,
there are a number of issues that we have not properly addressed, and I have
met with Mr. Williams, and he made me aware of his problems and some of those
were the concerns of GSA staff, which I will take care of, but the issue now
clearly remains, we know the gentleman's problems. We assure you we will not
allow this problem to greet other potential lessees in our facility. As you
well know, we have got three RFP's out on the street. We came to you, you
authorized a shortened process so that we could get those RFP's out and get
people into the shops, so we are aggressively pursuing your desires there.
This is the situation that we don't have a lot of excuses for, but I assure
you, we are correcting it.
Mr. Dawkins: OK, Mr. Williams, are we saying then that the five percent above
the gross kicks in after the first year, after the second year, or what?
Mr. Williams: Your concern at the time was that we not go with the fixed
amount of $4,000 per month, I believe it was, and that you wanted him to ...
Mr. Dawkins: No, no, wait, now wait. No, no, you came in... now, let's be
sure, you came in and told me $5,000 a year. That's what you came to me with.
Mr. Williams: Right.
Mr. Dawkins: OK? And I told you that I did not think that $5,000 a year was
adequate, OK?
Mr. Williams: Yes, sir.
Mr. Dawkins: All right, so now, when you went back to them, did you tell them
that you wanted five percent of his gross the first year or the second year,
or the third year, or what? What did we tell him?
Mr. William: First year, we told him.
Mr. Dawkins: All right, now he is negotiating from that?
Mr. Williams: Well...
Mr. Dawkins: OK, no problem.
Mr. Williams: Well, that is something that I don't want to speak for him, but
from meeting with him before, that he would like to see relaxed, and we on the
Administration side have no problem with that, he is trying to get his
business going.
113 October 22, 1987
Mayor Suarez: What else do we have to decide today, then? What else do we
have to decide today on this item?
Mr. Odio: That is it, that is the whole problem, and that is the lease
problem.
Mr. Sanders: I guess I can take the whole day, if I can continue, but another
problem, we would like to keep the business open later, so people can come in
and wash.
Mayor Suarez: What is wrong with that?
Mr. Sanders: There is no lights. It is like a deserted...
Mayor Suarez: OK, wait. Let's, before you give us a complete description,
what is the problem with the lighting?
Mrs. Kennedy: Yes, why are there no lights?
Mayor Suarez: OK, why don't we do something on this? Commissioner Dawkins
would volunteer to work with staff to get all of these issues resolved and I
don't know what more we have to do.
Mr. Dawkins: Williams, can I meet with you?
Mr. Williams: There is no reason, Mr. Mayor, no reason that the lights should
be out. He made me aware of the lights being out today.
Mayor Suarez: OK, he is going to make sure by being assigned by this
Commission to oversee this, that, you know, all these problems are resolved.
It doesn't make any sense to handle any of these at the Commission level when
he is willing to do it.
Mr. Dawkins: Is that OK with you, Mr. Williams? I meet with you and... yes,
both of you. I'll meet with you two...
Mr. Sanders: I£ we could meet, I would appreciate that.
Mr. Dawkins: All right, and then I will bring back a report to this full
committee at the next Commission meeting as to what we have done..
Mayor Suarez: And get final approval on the lease and all of that.
Mr. Dawkins: I will have the Manager sign off on everything.
Mayor Suarez: OK. Besides that, we have to take a vote on, as part of the
same motion, Mr. Manager, the... quit holding the hand of the City Attorney!
We also need to vote on the $2,000, right? You are recommending that?
Mrs. Kennedy: So moved.
Mayor Suarez: We have a motion on that.
Mr. Plummer: So moved.
Mayor Suarez: Motion made, seconded. Any discussion? And assigning a member
of this Commission, specifically Commissioner Dawkins to further monitor the
other modifications and improvements that have to be made in regards to this
lease. Get it approved and done. Call the roll.
114 October 22, 1987
0
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-944
A RESOLUTION APPROVING THE GRANT OF $2,000 CREDIT FOR USER
FEES REQUIRED TO BE PAID BY TROPICAL CLEAR BLUE LAUNDRY
SERVICES, INC., FOR THE USE OF LAUNDROMAT SPACE IN THE
OVERTOWN SHOPPING CENTER; FURTHER DESIGNATING COMMISSIONER
MILLER J. DAWKINS AS THE CITY'S LIAISON TO MONITOR
IMPROVEMENTS AND MODIFICATIONS NEEDED IN SAID SHOPPING
CENTER.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Ms. Ann Marie Adker: Before moving on, I wanted to retraction from
Commissioner Dawkins. He made a statement that...
Mayor Suarez: Why don't you go up to the mike. I don't know that he is...
Ms. Adker: (OFF MIKE) ... that it is a high crime area. I don't like it.
Mayor Suarez: OK.
Mr. Dawkins: You don't like what?
Mayor Suarez: She doesn't like the characterization that that area is a high
crime area.
Ms. Adker: That's right.
Mr. Dawkins: All right, it is a low crime area.
Mayor Suarez: Let the record reflect that he retracted...
Mr. Dawkins: Yes, I retract my statement.
Mayor Suarez:... the characterization. Let's see what he says at the next
Commission meeting about that.
42. APPROVE IN PRINCIPLE $25,000 GRANT REQUEST BY REPRESENTATIVES OF THE NEW
WORLD SYMPHONY FOR THE ORCHESTRA'S 1988 INAUGURAL SEASON, AND
IDENTIFYING FUNDING SOURCE FOR SAID GRANT.
Mayor Suarez: OK, item 95. Yes, Counselor.
Ms. Barbara Gaynor: My name is Barbara Gaynor, I am representing the New
World Symphony. Mr. Ted Arison is with me this morning, but he wanted to make
the presentation himself. Unfortunately, he had to leave town, so you have
got me.
Mayor Suarez: First time we have seen him in a long time, but we are happy to
see him. Extend that to him, please. Convey that to him.
115 October 22, 1987
0 0
Mr. Plummer; Has this been to the Administration? it has not been to the
Administration?
Mayor Suarez: New World Symphony.
Mr. Plummer: It has not been presented to the Administration.
Mr. Odio: I am prepared to make a recommendation. I am prepared.
Mr. Plummer: What is your recommendation?
Mr. Odio: I explained that we have no funds. The budget has been allocated
for the year, and I have...
Mr. Plummer: Let me tell you where you are wrong. You are wrong, Mr.
Manager, because as you recall, the $200,000 last year was reduced every year
by ten percent.
Mayor Suarez: Twenty!
Mr. Plummer: Twenty percent.
Mr. Dawkins: Before you leave, Mr. Williams...
Mr. Plummer: We now have allocated monies for relocation this year, of new
groups, and I so move that this group be included in on this year's
allocation, I so move.
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mr. Plummer: You only get $20,000, by the way.
Ms. Gaynor: $20,000.
Mr. Plummer: Yes.
Mr. Dawkins: Yes.
Mayor Suarez: So moved that they participate in the $40,000 of the fund to
the extent of $20,000.
Mr. Odio: Excuse me. I need clarification. You had $200,000 last year.
Mr. Plummer: Last year, and we said at that time, there were, what...?
Mr. Odio: You only have $16,000.
Mr. Dawkins: Twenty percent deposit. Increase that twenty percent.
Mr. Plummer: What?
Mr. Odio: You only have about a $16,000 balance.
Mr. Plummer: No, sir, we have got to have $40,000 left this year,
reallocated.
Mr. Castaneda: Yes, Commissioners, but by motion you allocated $40,000 to the
opera.
Mrs. Kennedy: That's right.
Mr. Plummer: And we only have $16,000 now, left?
Mr. Castaneda: You have the $16,000 which was going to go to the Bethune
Cookman which that game is no longer...
Mrs. Kennedy: Yes, you are right.
Mr. Dawkins: No, you haven't! You've got twenty percent off of each of the
four, what it is, and that is what you can use.
116 October 22, 1987
Mr. Plummer: They are saying we have already allocated that to the opera.
Mr. Dawkins: To what?
Mr. Odio: Allocated to the opera.
Mr. Castaneda: By motion, you allocated to the opera, and the resolution that
we will be bringing forth at the next meeting would have...
Mr. Dawkins: Well, you will not take nothing that I gave to Bethune Cookman
from them.
Mr. Plummer: All right. I will make a motion that we grant this request in
the amount and whatever money is from that left over reserve fund be dedicated
to this as well as making it....
Mr. Dawkins: Or we hold whatever... I go with J.L., and whatever, until we
get that amount and pay it back, nobody else will get anything.
Mr. Plummer: There you go. Call the roll.
Mrs. Kennedy: Second.
Mr. Dawkins: What we are saying, Frank, is that each year we can take twenty
percent from each group, so we can give no more money to no other group until
we repay this money that we got here.
Mr. Plummer: Exactly.
Mr. Castaneda: Right. Right, Commissioner, but the point that I am saying is
that the...
Mayor Suarez: For the current fiscal year we already allocated $40,000.
Mr. Dawkins: That's all right, we can borrow it from somewhere like we
usually do!
Mr. Plummer: Call the roll.
NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 3:11 P.M.
Mayor Suarez: Wait, do not call the roll, because I don't understand what we
are voting on, and we cannot call the roll. What are we voting on?
Mr. Plummer: We are voting to give the New World Symphony $25,000, of which
the $16,000 in reserve now, will be towards that $25,000, as well as we will
kick in $9,000 more.
Mayor Suarez: We have established that we have $16,000 left from that fund,
from the reduction? '
Mr. Plummer: That's what I was just told, yes, sir.
Mr. Odio: We, unless you can take the Bethune Cookman's money...
Mr. Dawkins: No way!
Mr. Odio: We have zero dollars.
Mr. Dawkins: That is right. You got zero dollars.
!Mayor Suarez: Now, Bethune Cookman's money from the last year, which would
have been reduced by twenty percent, according to our agreement.
Mr. Plummer: How could we have given the opera...
Mr. Castaneda: No, $16,000 is already reduced. I believe last year they got
$28,500.
Mr. Dawkins: No, wait a minute, let me refresh all your memories, OK?
$50,000 was made available from the Orange Blossom Classic. Dr. Barbara Carey
117 October 22, 1987
i
•
came down and got $35,000, which left $15,000, so I allocated the $15,000 to
Bethune Cookman on the same way that you had allocated the money to
Florida... The Orange Blossom Classic.
Mayor Suarez: What you are saying is, we have already...
Mr. Dawkins: Which means that Bethune Cookman now is entitled to $15,000
minus twenty, so they still got their money, OK? All right.
Mayor Suarez: You are saying we have zero left in that fund.
Mr. Plummer: You are saying there is no money at all?
Mr. Odio: No, sir.
Mr. Castaneda: Unless you change an allocation.
Mr. Odio: Don't open that... what are you doing?
Mr. Plummer: Where are you going to get the money to change allocations? You
better make your presentation. I tried.
NOTE FOR THE RECORD: COMMISSIONER DAWKINS RETRACTS COMMENTS MADE REGARDING
OVERTOWN BEING A HIGH CRIME AREA.
Mayor Suarez: Counselor.
Ms. Gaynor: The New World Symphony is an advanced training orchestra for
young musicians between the ages of 21 and 30. It is the only one of its kind
in this country and it is a unique orchestra in that these are musicians who
have graduated from the best music schools and conservatories in this country.
They have to audition to get into this orchestra. They can be here for one to
three years. It is a national orchestra, it will be based here in Miami with
concerts at the Gusman Center. The musicians will come from all over the
country. They will be here in Miami. We have already been notified that NBC
will be doing a story on their Sunday Today show in February and we are
getting other kinds of national publicity. We feel that this is a very good
thing for Miami and we hope to gain your support. One other thing, our
artistic leader is Michael Tilson Thomas, who is the principal conductor elect
of the London Symphony Orchestra, so it is an extremely high quality
orchestra, like nothing we have ever heard in this town.
Mrs. Kennedy: Excuse me. I just asked the City Manager if Off -Street Parking
could lend them the money. He said yes, so I move to do it that way.
Mr. Dawkins: Lend them the money.
Mrs. Kennedy: Give them the money.
Mr. Dawkins: Oh Lord! Well, I am glad Roger Carlton isn't here.
Mayor Suarez; Is that from the funds that we had previously obtained from the
surplus, you mean from the half million dollars?
Mrs. Kennedy: Right.
Mr. Odio: No, we don't have the money. If they are going to be at Gusman
Hall, they might very well want to talk to the Off -Street people, like the
Commissioner said.
Mayor Suarez: OK, we are recommending it for approval by the Off -Street
Parking Authority from their funding, not from the surplus funds that we got
from the Off -Street Parking Authority this year.
Mr. Plummer: That's all gone!
Mrs. Kennedy; That's gone.
lie October 22, 1987
Mayor Suarez: That's in the form of a motion?
Mrs. Kennedy: Yes.
Mr. Plummer: Sure.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Foeman: We need a second, Mr. Mayor.
Mr. Plummer: Jack, you will learn to love it. If they don't come across, you
let roe know and I will send the Mayor out with a machete to get another
hundred meters.
Mr. Foeman: I need a second.
Mayor Suarez: We have got a motion and a second here, on my left, right?
Mr. Plummer: Yes.
Mrs. Kennedy: Yes, you do.
The following motion was introduced by Commissioner Kenned who moved its
adoption:
MOTION NO. 87-945
A MOTION OF THE CITY COMMISSION APPROVING IN PRINCIPLE
A $25,000 GRANT REQUEST TO REPRESENTATIVES OF THE NEW
WORLD SYMPHONY IN SUPPORT OF THE ORCHESTRA'S 1988
INAUGURAL SEASON; FURTHER IDENTIFYING THE OFF-STREET
PARKING AUTHORITY'S CURRENT OPERATING BUDGET AS THE
APPROPRIATE FUNDING SOURCE FOR SAID GRANT.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you Counselor.
Mr. Plummer: Thank you, Jack.
43. ALLOCATE AN AMOUNT UP TO $3,500 TO COVER RENTAL FEE FOR USE OF BOBBY
MADURO STADIUM FOR THE NICARAGUAN BASEBALL SERIES. (See label #45)
Mayor Suarez: Item 96.
UNIDENTIFIED SPEAKER: Good afternoon, Mayors and Commissioners. We the
Nicaraguan Federation, or the Nicaraguan Sports Federation is a nonprofit
corporation that was organized with integral representation of the Nicaraguan
exiles.
Mr. Odio: Can I save the time. We have a lot of items. We recommend this.
They are requesting $2,400. They have cooperated in every effort in the past
to collect this.
Mr. Plummer: So moved.
Mrs. Kennedy: Second.
119 October 22, 1987
Mayor Suarez: Thirded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-946
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $3,500
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO
COVER CITY RENT REQUIRED FOR THE NICARAGUAN BASEBALL
SERIES WHICH WAS PRESENTED BY FEDERACION DEPORTIVA
NICARAGUENSE IN THE MIAMI BOBBY MADURO BASEBALL STADIUM,
SEPTEMBER 4-7, 1987; SUBJECT TO AND CONTINGENT UPON
COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Suarez: You are very articulate, very eloquent, very lucky!
----------------------------------------
NOTE FOR RECORD: ITEM 97 WAS WITHDRAWN.
44. A. ALLOCATE AN AMOUNT UP TO $25,000 TO ST. JOHNS COMMUNITY DEVELOPMENT
CORPORATION, INC., TO HIRE A CONSULTANT TO PREPARE FEASIBILITY STUDY
RELATING TO BEST MIXED USE DEVELOPMENT ON THE SITES ADJOINING THE
OVERTOWN METRORAIL AND CULMER METRORAIL STATIONS.
44. B. ALLOCATE UP TO $25,000, TO NEW WASHINGTON HEIGHTS COMMUNITY
DEVELOPMENT CORPORATION, INC. TO ASSIST SAID AGENCY IN PROVIDING
ECONOMIC DEVELOPMENT SERVICES TO OVERTOWN TARGET AREA.
------------------------------------------------------------------------------
Mayor Suarez: Item 98, St. John's Community Development. Where is Donald
Benj amin?
Mr. Donald F. Benjamin: Mr. Mayor and Commissioners, my name is Donald F.
Benjamin, I am the executive director of the St. John's Community Development
Corporation. For some time now we have heard that the Department of Off -
Street Parking has allocated 4500,000 of surplus funds to various
communities... and nobody is listeningl
Mayor Suarez: Is this an application for surplus funds from the Off -Street
Parking Authority, which was targeted for that area?
Mr. Benjamin: Pardon me?
Mrs. Kennedy: What item?
Mr. Plummer: 98.
Mr. Odio: As I understand it, Mr. Mayor, item 98 and 99 are in competition
with each other here.
120 October 22, 1987
Mayor Suarez: New Washington Heights and St. John's are both in the same
target? We have allocated what, $50,000 for the two?
Mr. Odio: We allocated...
Mr. Castaneda: There is $50,000 allocated for the Overtown target area from
Off -Street Parking. Both 98 and 99 are requesting the same money.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Benjamin: We are not in competition with anybody. Our funds are to be
used in Overtown on the Metrorail stations, both Culmer and Overtown Metrorail
stations. Now, that is what we are going to use our funds for.
Mayor Suarez: Don, to the extent that we have allocated $50,000 for an entire
target area, you are in competition with anyone from that target area that
applies, so that is what we are trying to ascertain. We are trying to...
Mr. Benjamin: I wish you could read the other item. I mean, I don't want to
be fighting with anybody. I didn't come here to fight with anybody. All I am
saying is that our request is to be used in Overtown. There is no hotel
project in Overtown.
UNIDENTIFIED SPEAKER: Amen.
Mr. Plummer: This one is in Park West.
Mayor Suarez: OK, go ahead, make your presentation. If you don't think you
are in competition with anybody, that is OK.
Mr. Benjamin: We are concerned with doing for the feasibility and preliminary
planning studies around the Overtown Metrorail station and the Culmer
Metrorail station located in Overtown. We have had some preliminary
discussions with Ben Gilford who is director of NBTA. We have talked with
people in the County Manager's office. We have also had some discussion with
Dean Patrineli who thinks that some development of the Overtown station would
provide some impact on the Arena project, and based on these discussions, we
have talked with some consultants, and hereby we request $50,000 to proceed
with this project.
Mr. Plummer: What would the $50,000 be used for?
Mr. Benjamin: Consultant fees.
Mr. Plummer: For what?
Mr. Benjamin: Consultant fees for the two stations.
Mr. Plummer: To be paid to who?
Mr. Benjamin: Consultants when we can get them.
Mayor Suarez: We have not previously allocated the $50,000 and had not made
any indication whether we are going to allocate to Washington Heights or
anything?
Mr. Castaneda: No, $50,000... there are two cases like this. One is in
Overtown, there is $50,000 allocated for the Overtown target area. The other
case is in Coconut Grove. There is $50,000 allocated for Coconut Grove. I
believe that...
Mayor Suarez: But, we didn't take up the request for those same funds from
Washington Heights before, right?
Mr. Castaneda: No, but they are here as item 99.
Mr. Plummer: No, we did take up Washington Heights before.
Mayor Suarez: That's what I want to know.
Mr. Plummer: Predicated on a State grant, right, Jack Eads?
121 October 22, 1987
a
Mr. Castaneda: Commissioner, you are correct, but that was concerning
Community Development block grant funds and that money was allocated to them.
Mayor Suarez: Not from the Off -Street Parking surplus.
Mr. Castaneda: Not out of there.
Mr. Plummer: Oh, OK, I am sorry. Well, the problem of course is, the money
is gone.
Mr. Benjamin: It is gone?
Mr. Plummer: The $500,000 from the Off -Street Parking.
Mr. Dawkins: Yes, but we have got $50,000 there earmarked for Overtown.
Mr. Plummer: Oh, it is just a matter of giving it to them.
Mr. Dawkins: We have got two groups. Let's see if we can go up put them on
now.
Mr. Plummer: Who is the other group?
Mayor Suarez: New Washington Heights.
Mr. Plummer: That is not in Overtown.
Mrs. Kennedy: Another item.
Mr. Benjamin: That's not in Overtown.
Mr. Plummer: That is not in Overtown, that is in Park/West.
Mr. Plummer: See that's... let me tell you guys something. That is exactly
why, with the South Florida Regional Planning Council, they are... the D.D.A.
is contending, listen to this one, Annie, you better listen to this one well.
You are not proposed in the comprehensive study, because they said Park West
was in the D.D.A boundaries, but Overtown was not and I said they are one and
the same, and you are going to treat them alike, and that is why I've got to
defer. That is one of the nine items, I've got to tell you, Mr. Mayor.
Mayor Suarez: Well, you are saying they are one and the same, you want to
treat them alike, but you have got two groups, I mean, two entries applying
for the same money and you are saying they are one and the same in the same
district?
Mr. Benjamin: That is not the case, Mr. Mayor.
Mayor Suarez: That is not what you were saying. That is what the vice mayor
is saying.
Mr. Benjamin: Oh.
Mr. Plummer: Well, they are not in the same district as far as the
designation is concerned. Well, I think we have got to hear from Jackie.
Mayor Suarez: Our target area includes both projects, does it not?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Benjamin: No, this is...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Wait, wait. Our definition of a target area includes both, or
does not?
Mr. Castaneda: Well, New Washington Heights has always been an entity in
Overtown, whether their project is the target area, or just outside, I would
have to check. I really don't know.
122 October 22, 1987
Mayor Suarez: Well, let's get that straightened out.
Mr. Plummer: Well, the question I want to ask, Mr. Mayor, Jackie, we gave you
"X" number of dollars pending a State grant, that if you got that State grant,
we would continue to fund. Now, have you got the State grant? Well, what is
this then on the agenda here for the hundred for? Well, we have got to know
where it is going.
Ms. Jackie Bell: (OFF MIKE) I'll be happy to tell you.
Mr. Plummer: It is next item, 99.
Ms. Bell: I am Jackie Bell, executive director of New Washington Heights
Community Development Corporation at 1600 NW 3rd Avenue. As you well know,
that we have been working on a hotel for the Overtown community. We lost the
site at 6th Street. Commissioner Dawkins in June 11, 1985 told its staff to
find us a piece of property. The piece of property is lot 10 at NW 5th Street
at 1st Avenue. Since that time, we have bided for the hotel and believe it or
not, we got it, OK? It is there. For two years we worked with the Off -Street
Parking Authority to put out an RFP. The RFP went out publicly on the April
3rd. New Washington Heights Community Development Corporation bided on that
property... no set asides... bided on that property and we are the only
bidders and we have a hotel chain, we have the archdiocese of Greater Miami,
with 113 units of housing and possibly 100,000 square foot of office space on
that property, a 38.8 million dollar project that will create 1,000 new jobs
in Dade County. The hotel will be owned by itself, New Washington Heights,
with a Days Inn franchise that will have 345 new jobs. Those jobs go from
people who have no education to a person who has a doctorate degree from any
one of the five colleges in this country that has the Department of
Hospitality. I don't know of any other group in this town that are Black that
have done that kind of work. We went to the Off -Street, at not October's
meeting, but in September's meeting, because we knew that there were going to
be some Off -Street dollars that come to the City. The Mayor told us way back
up in the year, "Stop coming down here, wait until Off -Street Parking has some
money and ask them for some of it." At their board meeting, and I don't know
how well this is going to sit, they did recommend that when we applied for
this $100,000, that if their weight carried anything to you since we were
working with them, that it would be recommended. This has been recommended,
it has gone through Administration and it has been recommended by the
Department of Development, who we have been working with and that is why we
have $25,000 from the City of Miami and J.L. , we did think we were going to
get a State grant. We still don't know. We tied for number 16th position and
the Governor took that 16th position out, but your brother, Senator Jack
Gordon and Villy Logan have been trying to split, it will be $41,000, if we
get it. The Governor took it out of the budget, so I don't know if we are
going to get it. The whole process is six months late.
!Mayor Suarez: What would you need the money for?
Ms. Bell: Administration and to continue the development process on this
hotel and we really need the money.
Mr. Plummer: Do you have a signed contract from the hotel, the chain?
Ms. Bell: Can't get a signed contract until I get the final approval from
Off -Street.
Mayor Suarez: Jack, how far along is all this?
Mr. Jack Mulvena: Yes, I'd like to back it up a little bit. In fact, we have
received one request for a Request for Proposal, and that is the proposal in
question. It, however, has not been reviewed by a review committee, which
will meet with the...
!Mayor Suarez: As the period expired for other bidders?
Mr. Mulvena: Oh, it has, yes.
Mayor Suarez: So it is a lone bid.Ms. Bell: Oh yes, yes.
Mr. Mulvena; Well, it's the lone bid but it has not been reviewed.
i23 October 22, 1987
Mayor Suarez: I understand.
Mr. Mulvena: Nor has it been recommended to the board for acceptance and I
might say for the record, neither has the board recommended one community
group over another for the $500,000 which is available for the City's
disposal. So...
Mayor Suarez: I know, you give it to us and let us fight about it.
Ms. Bell: Yes.
Mr. Mulvena: No, but I'm just mention here it's because, you know, the -
that's where things are.
Mayor Suarez: We have been working hard to pry it loose from you and once we
do get it, you don't...
Mr. Mulvena: Yes, you've got it.
Mayor Suarez: Right, you don't want to have to make those decisions for us.
Mr. Mulvena: At any rate, that's where the proposal is and we are, you know,
reviewing it - we will review it and have a presentation this Thursday, but it
would be premature to say that it is, in fact, a project effect.
Mayor Suarez: Commissioners, if I may suggest, these are two worthy
organizations, both involved in important economic development projects in the
same basic area. I leave it to you to decide how to split the money or if to
split the money, but we ought to make a decision and go on because we've got a
lot of other items. I think we're familiar with what the two organizations
are doing and I think both are doing fine things.
Mr. Dawkins: But, I'm at a loss...
Mayor Suarez: Commissioner.
Mr. Dawkins: ... I don't see the two organizations asking for the same money.
Mayor Suarez: It's $50,000 from the Off -Street Parking Authority that we have
said will be targeted for Overtown.
Mr. Dawkins: Overtown and that's what the first group is asking for.
Mayor Suarez: That's what the second...
Mr. Dawkins: I see Jackie Bell asking for $100,000 that Off -Street Parking
has negotiated with her or led her to believe or she thinks they've led her to
believe that it's available.
Mayor Suarez: No, no, she happens to need a hundred but she's looking from
every source including these fifty.
Mr. Dawkins: She wants this fifty plus another fifty.
Mayor Suarez: She's trying to get some from the State and that's being held
up and so on.
Mr. Dawkins: But, see - but how...
Mayor Suarez: Her needs are a hundred.
Mr. Dawkins: What I'm trying to see is, somebody tell me that 98 and 99 is
interlocked. Is that correct, Frank?
Mr. Castaneda: If they're asking for the same $50,000 from the Off -Street
Parking Authority, the answer is yes.
Mr. Dawkins: OK, well are they?
Mr. Castaneda: Yes.
Mr. Dawkins: Are they?
124 October 22, 1987
Mr. Castaneda: Yes, sir.
Mr. Dawkins: They both are asking for the $50,000 from Off -Street Parking so
they interlock.
Mr. Benjamin: Well, they're two different projects.
Mrs. Kennedy: Yes, they're not interlocked in the sense that they're not the
same thing.
Mayor Suarez: We know that, Don. We know they're two different projects. We
know they're two different entities.
Mrs. Kennedy: Two totally different entities.
Mr. Odio: No, what we're saying is it's only $50,000 and they're both asking
for that fifty.
Mayor Suarez: There's only $50,000, they're each asking for $50,000.
Mr. Benjamin: And that's all we need, 50 thousand. We don't want a hundred
thousand.
Mayor Suarez: I'll entertain a motion to split it evenly.
Mrs. Kennedy: Yes, I was going to say, the only...
Mayor Suarez: I don't have any other better formula.
Mrs. Kennedy: It's the only Solomonic decision we can come over it, I can
come up is to split the money half ways and I so move.
Mr. Benjamin: That's not a kind of Solomon decision.
Mayor Suarez: So moved. I second it.
Mrs. Kennedy: Then there's a 50 percent chance that you don't get it.
Mayor Suarez: I seconded it.
Mr. Dawkins: It's been properly moved and seconded. Any further discussion?
Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-947
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED TWENTY-
FIVE THOUSAND DOLLARS ($25,000) FROM OFF-STREET PARKING
AUTHORITY EXCESS REVENUES FUND, TO THE ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION, INC. FOR THE PURPOSE OF HIRING A
CONSULTANT TO PREPARE A FEASIBILITY STUDY FOR THE BEST
MIXED USE DEVELOPMENT OF THE SITE ADJOINING THE OVERTOWN
METRO -RAIL STATION AND THE SITE ADJOINING THE CULMER
METRO -RAIL STATION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
125
October 22, 1987
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-947.1
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED TWENTY-
FIVE THOUSAND DOLLARS ($25,000) FROM OFF-STREET PARKING
AUTHORITY EXCESS REVENUES FUND, TO NEW WASHINGTON HEIGHTS
COMMUNITY DEVELOPMENT CONFERENCE, INC. FOR ADMINISTRATIVE
PURPOSES TO ASSIST THE AGENCY IN PROVIDING ECONOMIC
DEVELOPMENT SERVICES IN THE OVERTOWN NEIGHBORHOOD
COMMUNITY DEVELOPMENT TARGET AREA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J. L. Plummer, Jr.
Mayor Suarez: That took care of two items, is that legal, Madam City
Attorney?
Mrs. Dougherty (Off mike): Yes, sir.
Mayor Suarez: Did it all in one.
45. FURTHER DISCUSSION OF ALLOCATION OF AN AMOUNT UP TO $3,500 TO COVER
RENTAL FEE OF BOBBY MADURO STADIUM FOR NICARAGUAN BASEBALL SERIES. (See
Label #43)
Mayor Suarez: Item 100.
Mr. Odio: Mr. Mayor, excuse me, sir.
Mayor Suarez: Yes.
Mr. Odio: The group from Nicaragua, I thought we had it solved. We were
willing to solve their rent problems and their expense problems, but now in a
meeting where we were trying to get an agreement, they now say they have a
deficit of $19,000 and I have to...
Mr. Dawkins: How much, 90?
Mrs. Kennedy: Nineteen.
Mr. Odio: Nineteen thousand and I have to recommend against that. We don't
have that kind of money. So if - I don't know if one of them will want to
address that, but we're willing to cover all the other expenses that I
mentioned.
Mayor Suarez: Which amounted to how much?
Mr. Odio: $3,500.
Mr. Plummer: That's what we waived.
Mr. Odio: That's what you waived but now they say in the meeting that we had
with them that they have a deficit of $19,000 after, you know, so - reduce it
$3,500, still have fifteen thousand something.
126 October 22, 1987
Mr. Plummer: Well, what's the rest of the deficit for?
Mr. Odio: Because after...
UNIDENTIFIED SPEAKER: Transportation, hotel, if you want, I'll give you one
of each.
Mr. Plummer: Well, basically, when you say you're waiving the $3,500, what
does that $3,500 represent?
UNIDENTIFIED SPEAKER: Just the stadium.
Mr. Plummer: According to this, excuse me, in their overall budget, you have
a figure here of 6623.
UNIDENTIFIED SPEAKER: Correct.
Mr. Plummer: That doesn't equate to $3,500.
UNIDENTIFIED SPEAKER: Oh, OK, because there's other expenses, miscellaneous
that exist, but...
Mr. Plummer: Well, you have a miscellaneous at the bottom for $3,200.
UNIDENTIFIED SPEAKER: Well, personnel then. Excuse me, personnel.
Mr. Odio: OK, let me...
UNIDENTIFIED SPEAKER: And lights.
Mr. Odio: Excuse me, they have already paid $2,356 and the balance of the
rent of $3,453; that makes it for total of $5,809, so the balance of their
deficit comes out, if we give them the $3,453, to $14,156.61.
Mr. Plummer: Yes, but it's one thing to ask us to waive the rental, it's
another thing to ask us to sponsor the event.
Mr. Odio: No, I don't think we should, Commissioner. I think they should go
to the private sector for sponsorships. There are many beer companies or
other companies that are willing to put their name to a good turn as your's
is. We might try to help you with that, but not...
UNIDENTIFIED SPEAKER: Yes, but this is a sport event for the City of Miami,
not just for the Nicaraguan people. We did sponsor ourself for the
championship Youth Fair, youth championship which we became in second place.
I mean...
Mr. Plummer: The problem is we don't have the money.
Mrs. Kennedy: You have a category that says travel expenses. What is that
for?
INAUDIBLE COMMENTS.
Mrs. Kennedy: Yes, that's what I thought but it's only $200, so then...
UNIDENTIFIED SPEAKER: Probably the... a representation, someone who came from
Washington. I'm sorry, San Francisco.
Mrs. Kennedy: It's more than $200.
UNIDENTIFIED SPEAKER: Well, we paid his own transportation but we had to feed
him.
Mr. Plummer: You find the money. Mr. Manager, it's times like this you can't
be quiet. You don't have the money, you don't have the money.
Mr. Odio: No, I said it clearly, I think we should not fund this program.
Mr. Plummer: So you're talking about what we're going to do is grant a waiver
of $3,500.
127 October 22. 1987
Mr. Odio: $3,500.
Mr. Plummer: Was that incorporated in the last motion because I heard $2,400
last time.
INAUDIBLE COMMENTS.
Mrs. Kennedy: You know, what I suggest is for some of these things like the
trophies which is $2,300, get a private corporation to sponsor them. It's
quite common, that's a big load off your back.
UNIDENTIFIED SPEAKER: 23 hundred to 14 thousand is a long way.
Mr. Plummer: It's a long way.
Mrs. Kennedy: Yes, but a little bit here and a little bit there.
UNIDENTIFIED SPEAKER: Well, you know, we did sponsor the team that came in
second place in this championship of your youth championship.
Mr. Plummer: But you see, let me be honest with you
UNIDENTIFIED SPEAKER: So you're asking for a sponsor, we sponsor something
from this money - from this budget.
Mr. Plummer: OK, let me be honest with you, your's is one of twenty requests
we get a year.
UNIDENTIFIED SPEAKER: But not at this escalation.
Mr. Plummer: What do you mean, at this...
UNIDENTIFIED SPEAKER: Do you know - have you seen this...
Mr. Plummer: You haven't seen the others.
UNIDENTIFIED SPEAKER: Not this escalation.
Mr. Plummer: We get one in here for almost $200,000 in requests because it
goes 14 days.
UNIDENTIFIED SPEAKER: I'm not talking in referencing money, I'm talking in
media.
Mayor Suarez: Talking what?
Mr. Plummer: Well, it that's the...
UNIDENTIFIED SPEAKER: I don't think any of you - first of all, you didn't let
me finish my presentation. Now, it seems to be a little bit too late on it.
But the letter which is in front of all of you...
Mr. Plummer: Have it.
UNIDENTIFIED SPEAKER: OK, if you would have let me read it before Mr. - at
this point, I mean your negatively, OK. You don't have the money.
Mayor Suarez: We waived up to $3,500 in various fees.
UNIDENTIFIED SPEAKER: That's I believe was, you had no other option due to
the fact it's a stadium or some reason or other you had to pay that for some
reason.
Mayor Suarez: I guess our other option is to sue for the money, I suppose,
I...
UNIDENTIFIED SPEAKER: No, no, correct.
Mr. Odio: No, wait, we have another option, you can pay the rent like anybody
else would.
128 October 22, 1987
UNIDENTIFIED SPEAKER: No.
Mr. Odio: OK.
UNIDENTIFIED SPEAKER: Obviously.
Mr. Odio: OK.
UNIDENTIFIED SPEAKER: Obviously, I mean...
Mayor Suarez: OK, we have to go on.
Mr. Plummer: What did we do with 98 and 99. I walked out and...
Mayor Suarez: We split it.
Mrs. Kennedy: We split it.
Mr. Plummer: Huh?
Mrs. Kennedy: Split it.
Mayor Suarez: We split it. -
Mr. Plummer: Twenty-five each?
Mayor Suarez: Not too much discussion. Do you record a positive vote and...
Mr. Plummer: Huh?
Mayor Suarez: Hey, do you want to report a positive vote and ---------
Mr. Plummer: I wanted not to vote.
INAUDIBLE COMMENTS.
Mr. Plummer: I want not to vote.
Mrs. Kennedy: That's why he did it. He didn't want to vote.
Mayor Suarez: Item 100.
Mrs. Dougherty: Mr. Mayor, on that last one, the motion was for $2,400 and
not the $3,500.
Mr. Plummer: That's what I just asked.
Mr. Odio (Off mike): $3,500.
Mr. Plummer: He says it was for the rental.
uE Mr. Odio (Off mike): Yes.
Mr. Plummer: And the rental is 43,500.
Mr. Odio (Off mike): Yes.
Mr. Plummer: Now, do you want a new motion or not?
Mr. Odio (Off mike): It covers the rent --------
Mr. Plummer: Does the clerk understand it was - we waived the rental, not a
dollar amount?
Mr. Foeman: Yes, sir, I do.
Mr. Plummer: Thank you.
UNIDENTIFIED SPEAKER (Off mike): Thanks ------
!layor Suarez: This is called an expos facto modification.
129 October 22, 1987
46. ALLOCATE UP TO $50,000 TO DOWNTOWN BUSINESS ASSOCIATION, AND ALSO GRANT
A FEE WAIVER FOR "LIGHT UP MIAMI" EVENT; ALLOCATE PERMIT TO SELL BEER
AND WINE FOR SAID EVENT.
------------------------------------------------------------------------------
Mr. Plummer: Light up Miami. I think Florida Power & Light is doing a
fantastic job and they ought to be congratulating for donating all of this
money to Light up Miami.
Mayor Suarez: OK, we got...
UNIDENTIFIED SPEAKER: They already have.
Mayor Suarez: The $50,000 already allocated to you from the Off -Street
Parking monies?
UNIDENTIFIED SPEAKER: Yes.
Mayor Suarez: And what do you need from us today?
UNIDENTIFIED SPEAKER: We need to identify where we're going to spend it on at
the request of the...
Mayor Suarez: Right, we - on a case by case basis, we wanted to approve the
spending, right?
UNIDENTIFIED SPEAKER: Right, and that's what we're doing today.
Mayor Suarez: And what is it now?
UNIDENTIFIED SPEAKER: That's what we're doing. We're telling you how we want
to spend and we want your approval.
Mayor Suarez: And I want you to give me that what it is in five seconds or
less.
UNIDENTIFIED SPEAKER: OK, in five seconds or less it will be $15,000 for
Christmas decoration, $15,000 for Light up Miami, $10,000 for contractual and
administration, ten...
Mrs. Kennedy: Wait, wait, wait, wait, wait, hold it, hold it. Fifteen
thousand for Christmas decorations?
UNIDENTIFIED SPEAKER: Yes.
Mrs. Kennedy: Fifteen thousand for what?
UNIDENTIFIED SPEAKER: Then, fifteen thousand for Light up Miami.
Mrs. Kennedy: OK.
UNIDENTIFIED SPEAKER: Ten thousand for contractual and administration and ten
thousand for expansion of the Park and Shop program. Each one of you
received...
Mr. Plummer: Park and what program?
UNIDENTIFIED SPEAKER: Park and Shop, Park and Shop program.
Mr. Plummer: Oh, oh, OK.
UNIDENTIFIED SPEAKER: Each one of you received our outline and the details of
each.
Mayor Suarez: What about the...
Mr. Plummer: Wait a minute, now go back and start at the top. The first
allocation 1s $15,000 for seasonal decorations.
130 October 22, 1987
UNIDENTIFIED SPEAKER: Christmas, Christmas.
Mayor Suarez: Seasonal.
Mr. Plummer: Sir...
UNIDENTIFIED SPEAKER: Seasonal, I am sorry.
Mr. Plummer: ... season decorations, you understand that.
UNIDENTIFIED SPEAKER: I stand corrected.
Mayor Suarez: Don't argue with him, just nod your head.
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: We have four seasons. We have summer, we have winter, we
have... Do you understand that?
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: It is seasonal decorations.
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: You ever heard - no....
Mayor Suarez: Next item. That's it? What about the light arches you're
going to place across Flagler someday?
UNIDENTIFIED SPEAKER: That is not incorporated on these plans. We're
developing a schematic for that. We don't have that ready yet.
Mayor Suarez: How are you developing the financing for it or are the
merchants supposed to pay for it themselves?
UNIDENTIFIED SPEAKER: We don't have that in place yet.
Mayor Suarez: Or is the idea that they pay for it themselves?
UNIDENTIFIED SPEAKER: We don't have that yet.
Mayor Suarez: You have no idea on how to finance it.
Mr. Plummer: No, he's giving you an idea for the future, you're going to pay
for it yourself.
UNIDENTIFIED SPEAKER: Yes, I hear that. One request I want to make
however...
Mayor Suarez: So the DDA approved it just as an idea but no idea at the time,
I mean, no notion of where the money was going to come from.
UNIDENTIFIED SPEAKER: Finances hasn't been developed yet. One point of
clarification, we're not requesting for a fee waiver, we're going to pay all
the fees. But we're requesting for an alcohol permit which is not on the
agenda.
Mr. Plummer: So moved.
Mayor Suarez: So moved. Seconded.
Mr. Plummer: The fee waiver is in reference to what?
UNIDENTIFIED SPEAKER: To public services, but we're not asking for that.
Mayor Suarez: They're not...
Mr. Plummer: What fee waiver?
UNIDENTIFIED SPEAKER: Well, sometimes events request for police and
sanitation and so on. We're not asking for that to be waived. We'll pay for
all of our permits.
131 October 22, 1987
Mr. Plummer: How much does that amount to?
UNIDENTIFIED SPEAKER: It'll probably come up to about $2,000 or so.
Mr. Plummer: How much?
UNIDENTIFIED SPEAKER: About two thousand.
Mr. Plummer: Is this not a City sponsored event and you're paying fees,
that's ridiculous.
UNIDENTIFIED SPEAKER: It always happens. Every time we do an event it
happens.
Mr. Plummer: No, I'm sorry. I make a motion that we incorporate that we
waive the fees if you're a City sponsored event and we grant them the right to
serve alcoholic beverages.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mr. Plummer: That's ridiculous that you pay the City fees.
Mayor Suarez: Seconded. Any discussion? Call the roll.
Mrs. Dougherty (Off mike): He means for the garbage collection and all of
that?
Mr. Plummer: No, the fees he's talking about.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-948
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $50,000
FROM THE DEPARTMENT OF OFF STREET PARKING SURPLUS REVENUES
TO THE DOWNTOWN MIAMI BUSINESS ASSOCIATION IN ACCORDANCE
WITH THE PROPOSAL SUBMITTED BY SAID ORGANIZATION TO THE
CITY COMMISSION; CONDITIONED UPON COMPLIANCE WITH SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY OF MIAMI; FURTHER GRANTING A FEE WAIVER RELATING TO
CITY SERVICES FOR LIGHT UP MIAMI TO BE HELD NOVEMBER 25,
1987; AND FURTHER AUTHORIZING A ONE -DAY PERMIT TO SELL
BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE
ISSUANCE OF ALL PERMITS REQUIRED BY LAW.
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
T
132 October 22, 1987
1�
47. GRANT REQUEST TO CITY OF SWEETWATER FOR EIGHT USED POLICE VEHICLES AND
FIVE USED POLICE MOTORCYCLES.
Mayor Suarez: Item 101. I'm sorry, Mr...
Mr. Odio: Excuse me, Mr. Mayor...
Mayor Suarez: ... Parks, the Manager's got a quick item here.
Mr. Odio: One quick. I have the Mayor of Sweetwater here and out of
courtesy...
Mr. Plummer: Agua dulce.
Mr. Odio: ... and also, Mr. Plummer, and we're still in the Mayor...
Mayor Suarez: Highly non -controversial item from a highly non -controversial
Mayor.
Mr. Odio: Mr. Alberti..
Mr. Plummer: Mr. Mayor, what they have asked is very reasonable.
Mr. Odio (Off mike): Alberti's also here and he would like to get rid of the
surplus also.
Mr. Plummer: Well, he can apply on the other.
Mrs. Dougherty (Off mike): Right.
Mr. Odio (Off mike): He did.
Mr. Plummer: Mr. Mayor, we have always afforded our Sister City the
courtesies. They're asking for some of our old police cars, they realize that
it's with no liability. I think their request is reasonable and I...
Mayor Suarez: They sign indemnification, I think last time we asked them
that.
Mr. Plummer: Exactly, and I so move to grant this further request.
Mayor Suarez: So moved.
Mr. Dawkins: I second and under discussion.
Mayor Suarez: Seconded under discussion.
Mr. Dawkins: The next one we give you, you'll have to leave the City of Miami
seal on it.
Mr. Plummer: What?
INAUDIBLE COMMENTS.
Mr. Plummer: Let him make a request. I don't have it.
Mr. Isidoro C. Cuevas: Mr. Mayor, Honorable Mayor and Honorable members,
please allow me as a word to express my...
Mr. Plummer: If you say anything more than thank your, I'm going to withdraw
my motion.
Mr. Cuevas: ... deepest gratitude on behalf of the City of Sweetwater. I can
say here today if all the municipal government would have it understand
and ------- other municipal government that you people have what we have, we
would have a better county.
i
133 October 22, 1987
E
Mr. Plummer: Mr. Mayor, I withdraw my motion, the Mayor of agua dulce talks
too much.
Mr. Cuevas: Thank you, sir.
Mayor Suarez: Mayor, good to have you. We'll...
Mr. Dawkins: Call the roll.
Mayor Suarez: Call the roll on that.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-949
A MOTION OF THE CITY COMMISSION GRANTING A REQUEST TO
THE CITY OF SWEETWATER FOR EIGHT USED POLICE VEHICLES
WITH EMERGENCY EQUIPMENT, EXCLUDING POLICE RADIOS AND
FIVE USED POLICE MOTORCYCLES WITH EMERGENCY EQUIPMENT
EXCLUDING POLICE RADIOS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
48. ALLOCATE UP TO $7,500, TO THE MIAMI RIVER COORDINATING COMMITTEE TO
COVER FEES ASSOCIATED WITH ITS MIAMI RIVERFEST EVENT IN BRICKELL PARK,
AND IN JOSE MARTI PARK AND CURTIS PARKS ON DATES TO BE DETERMINED.
Mayor Suarez: Item 101.
Mr. Bob Parks: Mr. Mayor, members of the Commission, Bob Parks, Chairperson,
Miami Riverfront Coordinating Committee. I had originally requested time to
kind of bring you up to date on what the Coordinating Committee, which you
appoint and partially make up and sponsor, is doing and has done but.because
of your situation, I'm going to defer that and let the City Manager who sits
on the committee and myself hopefully give you a report in writing that you
can see and if you have any specific questions, we'll be happy to answer them.
Specifically, with reference to the Riverfest, I believe the Commission is
aware of what had occurred with reference to that particular project for this
weekend. It was necessary, based on the recommendations we received from
Durham...
Y
Mayor Suarez: That's the county Durham right?
Mr. Parks: Yes, sir, to unfortunately have to cancel most of the events
because of what we felt was a risk of health to certain areas of the City that
—
we did not feel we wanted to take that responsibility and although enormous
s<
amount of work had been done in preparation and time and effort and so on, it
was necessary to do it with the exception of one event which is tomorrow
evening which had been sponsored for us by the Brickell Avenue Association
which still will go through which is the fish fry was advertised in the paper
which we had incorporated into the Riverfest activities. As a result of the
=;
cancellation, it's necessary for us to look for approximately $220500 worth of
costs. We have already obtained a minimum of $15,000 of that which would
leave a short fall of approximately $7,500. Specifically $2,893 of that we
would ask you to approve as a waiver of fees for the sponsorship of the one
event which will be tomorrow evening which you did last year and which we
would hope you would do again. These...
134 October 22, 1987
Mayor Suarez: I'll entertain a motion on that portion.
Mr. Dawkins (Off mike): What is it?
Mr. Plummer: So moved.
Mayor Suarez: Waiver of the fees for the use of what?
Mrs. Kennedy: Second.
Mr. Parks: That's for the use of Brickell Park for the event tomorrow and
that figure was given to us by you all's Parks Department and it is on the
high side. I think it will be less.
Mayor Suarez: We can lower that if we work on it.
Mr. Dawkins: If he's not going to pay it, what difference does it make if we
lower it or higher it or raise it?
Mayor Suarez: Well, but it means personnel that are out there that maybe
aren't needed as many as our City always proposes and we have to pay them.
Mr. Parks: OK, the other...
Mayor Suarez: Any discussion on that? Call the roll on that part of the
waiver.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-950
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $7,500
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
TO COVER ALL OR PARTIAL CITY FEES AND EXPENSES
REQUIRED FOR THE MIAMI RIVERFEST, TO BE PRESENTED BY
THE MIAMI RIVER COORDINATING COMMITTEE IN BRICKELL
PARK ON OCTOBER 23, 1987 AND IN JOSE MARTI AND CURTIS
PARKS ON DATES TO BE DETERMINED; SUBJECT TO AND
CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Excuse me, would somebody turn those overhead lights out. Aside
from saving money, I'd like to save a headache.
Mayor Suarez: What also, Bob?
Mr. Parks: With reference to the other, I would request that the Commission
see its way clear, if possible, to provide to us $5,000 to help make up the
short fall. As you know, we have no budget, no staff. It's an event which we
will hope will go on in the future and we're just short and that's about it
and we need the $5,000 or the difference between $7,500 and whatever the fees
come out to be which will be less than $5,000, and I would hope to give you a
very strict accounting according to the schedule we furnished. I know that
Mr. Odio and his staff have furnished a memorandum...
135 October 22, 1987
Mayor Suarez: Is there a fair statement to say that participating in this is
a way to focus everyone's attention on the problems of the river which, in
turn, allows to obtain upwards of $2,000,000...
Mr. Plummer: Oh boy...
Mayor Suarez: ... to clean it up and so on from the legislature.
Mr. Parks: I think it would be upwards of more than $2,000,000. I think it's
about $5,000,000.
Mayor Suarez: That's a leading question and my Vice -Mayor here is complaining
but...
Mr. Plummer: Yes. They get...
Mr. Parks: I was aware that it was a leading question. I also aware that he
was complaining but I answered it yes anyway.
Mr. Plummer: They get the $2,000,000 from the State of Florida and it all
goes to Metropolitan Dade County.
Mayor Suarez: We're getting some of that for retro...
Mr. Parks: No, no. No, no.
Mr. Plummer: Look, look, let's quit kidding. This thing is very important to
this City. We've all talked about how important it is to San Antonio. We're
trying - Bob Parks has worked his not completely off, but...
Mr. Parks: No, unfortunately, it's not.
Mayor Suarez: Has to do a little more work on that as a matter of fact.
Mr. Plummer: Mr. Mayor, this is a part of our - it's a part of our culture,
our history, and I so move that we grant it.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
NOTE FOR THE RECORD: M-87-951, which passed unanimously is incorporated as
part of R-87-950.
Mr. Odio: Hey, Bob, I...
Mrs. Kennedy: Mr. Mayor, Mr. Mayor, let me just ask a real quick question
from either the Manager or Sergio. While we're on the river subject, we have
one of the most beautiful rivers and as you're walking from the Hyatt to the
DuPont, I've seen the improvements on the Riverwalk. Are we continuing with
that? Can you give me a very fast update?
Mr. Walter Pierce: Yes. Yes,
Mr. Odio: Yes. We are going to continue. The problem was that it was held
up because of the Worth project that was supposed to go up behind the
InterContinental and we didn't want to build the Riverwalk there and have them
destroy it but I ordered Pierce to proceed with the construction of the
portions that we can now.
Mrs. Kennedy: Great.
Mr. Pierce: Well, one problem but we're trying to work that out. I just
wanted to give the Commission a quick note on the status of the status of the
river with that sewer line break. Miami -Dade Water 8 Sewer already has put
together a reconstruction program and the river is expected to in about
another month, it should be totally clear and that part of the Hay that was
136
October 22, 1987
4
shut down from activity should be reopened.
flow of sewage into the river.
Right now, they have stopped the
Mrs. Kennedy: Right and why don't we put a nice sign, instead of the little
one you have by the DuPont to invite people to go. It's beautiful.
Mr. Pierce: Yes, we'll do that.
Mr. Odio: I'm glad I went rowing the other day in the river. I got out of
there pretty fast.
Mr. Parks: Yes, I can imagine but we're making some progress, Commissioner
Kennedy, and we appreciate you all's support. Let me just, as a final note, I
really would like to spend some time with you all to report on exactly what we
are doing and to tell you how appreciative I am of all the help you have given
us through the City Manager's, the City Attorney's and all the other
departments, they've been fantastic. They've given a source of strength to us
and ability to move and do these kind of things that I don't believe many
citizens groups have had the luxury of having and we're indebted to you for
that and you should be proud of having them.
Mr. Plummer: Bob, the important thing, when's the fish fry?
Mr. Parks: The fish fry is tomorrow night from 5 to 7, Herb?
UNIDENTIFIED SPEAKER (Off mike): Five to eight.
Mr. Parks: Five to eight.
Mr. Plummer: And in where?
Mr. Parks: At Brickell Park which is right there, right on the bend of river
across from Claughton Island between the...
Mr. Plummer: Between the Holiday Inn and the church.
Mr. Parks: And the church, yes.
Mr. Plummer: That's a City owned park.
Mr. Parks: Correct. Also, I would again reiterate our invitation to the
Mayor and members of the Commission, the staff already has theirs, to the
function tonight at the Miami Historical Museum. There'll be a reception in
honor of the Miami River Exhibit which is a five month exhibit which is a
major exhibit. One of the finest we've ever had down there specifically
dedicated to the Miami River. That event will be from 6-8 this evening.
Mrs. Kennedy: We'll be here.
Mr. Plummer: Send us a full report.
Mr. Parks: We'll be thinking of you. Thank you. Thank you all.
Mayor Suarez: Bob, just a final question. What was the status of the problem
of the leak and so on, has that been...
Mr. Parks: Yes, I unfortunately didn't attend our meeting. Garrett Sloan
reported last night, but it's my understanding and Walter was there, he can
fill you in, but my understanding is that the leak is underway to being
repaired and they don't know how long it...
Mr. Pierce: That's what I was just referring to, the big line with the break
in it has been closed off and they have adequate capacity in the other two
lines running there. They announced developing the plans, they're going to go
ahead and reconstruct that line. We think there might be a small problem with
the actual construction but it's something that can be handled. But we think
that's pretty good.
Mayor Suarez: At least temporarily closed in some way or another, temporarily
rezoned in some way or another.
137
October 22, 1987
Mr. Pierce: No, what's happened they put some industrial strength balloons in
the pipe, actually, and just inflated them and shut them off and there were
three lines that were running, the 42 inch line is the one that broke, there's
a 16 inch and a 48 inch line as well, they run right next to it.
Mr. Parks: Thank you all.
Mayor Suarez: Thank you, Bob.
49. ACCEPT IN PRINCIPLE A PROPOSAL BY INTERNATIONAL HUMAN ASSISTANCE
PROGRAM, TO BUILD AFFORDABLE DEMONSTRATION HOUSES AT VARIOUS PARK SITES
IN MIAMI, AND FURTHER REQUESTING THE CITY TO PROVIDE FOR PLACEMENT OF
UTILITIES AND SITE PREPARATION FOR SAID HOUSES.
Mayor Suarez: Item 102. International Human Assistance Program.
UNIDENTIFIED SPEAKER: Here's one that's not going to cost the City of Miami
anything.
Mr. Plummer: Bless you.
Mrs. Kennedy: How wonderful.
Mayor Suarez: I'll entertain a motion to approve everything you're about to
say and send you off with our blessing in no more than half a minute.
UNIDENTIFIED SPEAKER: Fine, the City of Miami requires that its parks,
several buildings, we wish to provide those buildings in return for using the
sites as a demonstration project in conjunction with a film which is being
prepared for the United Nations showing very, very affordable housing. We've
been invited by the United Nations to erect next week at the United Nations
what is called a $2,500 World House. It'll be erected in less than half an
hour at the U.N. The film that the U.N. will be also providing with us will
be distributed through all the 159 member nations and we believe the exposure
could be to as many as a billion people worldwide showing extremely affordable
housing. Particularly in reaction to disaster assistance programs. In
addition, the National Association of Home Builders Research Center has asked
us to erect several models combining the available technologies in America
today that could provide very affordable housing. Another reason for these
demonstrations is that the State of Florida in its Pride Program, which is the
prison rehabilitation program, has expressed interest in erecting component
factories within the prisons so that the prison labor in the prisons and even
in sites outside the prison could be provided if it were publicly funded
projects. That would greatly expand the availability of affordable housing in
Florida and could set and precedent for the remainder of the nation. The only
requirement that we have is that the models be open for demonstration purposes
for a period of six months. Thereafter, the buildings without any cost will
be provided to the City for use as it so wishes.
Mayor Suarez: For use as?
UNIDENTIFIED SPEAKER: For whatever use the City requires. The only
requirement is that the utilities and the site preparation be provided.
Mr. Plummer: Mr. Manager, have you been through this?
INAUDIBLE RESPONSE.
Mr. Plummer: So move it.
Mayor Suarez: Moved, seconded. Any discussion? Call the roll.
UNIDENTIFIED SPEAKER: Thank you.
138
October 22, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-952
A MOTION ACCEPTING IN PRINCIPLE THE PROPOSAL BY
REPRESENTATIVES OF THE INTERNATIONAL HUMAN ASSISTANCE
PROGRAM, AS PRESENTED DURING TODAY'S COMMISSION MEETING,
IN CONNECTION WITH THE ERECTION OF AFFORDABLE
DEMONSTRATION HOUSES AT VARIOUS PARK SITES IN MIAMI;
FURTHER STATING THAT THE CITY SHALL PROVIDE FOR THE
PLACEMENT OF ALL UTILITIES AND SITE PREPARATION IN
CONNECTION THEREWITH, AND THAT SAID DISPLAY BE ALLOWED TO
REMAIN OPEN TO THE PUBLIC FOR A PERIOD OF SIX MONTHS,
THEREAFTER SAID HOUSES SHALL BELONG TO THE CITY.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by •the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
50. ALLOCATE UP TO $1,400 TO REPRESENTATIVES OF FRATERNIDAD ACCION
PUERTORRIQUENA, TO COVER CITY FEES AND EXPENSES FOR USE OF BICENTENNIAL
PARK AND CONCESSION PERMITS FOR "FIESTA PATRONALES PUERTORRIQUENA"
Mayor Suarez: Item 103.
Mr. Plummer: Is this for the Festival?
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: I move that for the Puerto Rican Festival, we waive the rental,
the concessions, that they be afforded the opportunity to place a bond for
sanitation. If they clean up themselves, they get their bond back. If they
don't, we'll clean up and deduct from the bond and that we also waive the fee
for the serving of alcoholic beverages. I so move.
Mr. Dawkins: That's 103?
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: Yes, sir.
Mr. Dawkins: Second.
Mrs. Kennedy: Second. Now, let's see how much money we're talking about.
Mr. Dawkins: OK, she second.
Mr. Plummer: No, rental fees. I waive the rental, the concession...
Mr. Odio (Off mike): Concession, what do you mean by concession?
Mr. Plummer: Concession fees.
Mr. Odio (Off mike): OK.
Mr. Plummer: OK? The sani...
Mr. Odio (Off mike): You cannot waive concessions.
I'
139 October 22, 1987
i3
Mr. Plummer: What do you mean, I can't? Any fees that are paid, we can
waive.
Mr. Walter Golby (Off mike): But the concession fees and beer fees you cannot
waive according to the ordinance that you passed.
Mr. Odio (Off mike): Which is a smart ordinance.
Mr. Plummer: We can waive the rental.
Mrs. Kennedy: First of all, give them a chance to talk. Is that what you're
asking for?
Mr. Plummer: We can waive the sanitation fee by placing a bond. If they do
not clean it up themselves, that we will do it and take from the bond. And
what else? What else can we waive for them?
Mr. Odio (Off mike): Park set up. Park and ------
Mrs. Kennedy: Didn't we do this last year?
UNIDENTIFIED SPEAKER: Yes, but we didn't get any help.
Mr. Odio (Off mike): Can I list - do you want me to list...
Mr. Plummer: Yes, list what we're waiving.
Mr. Odio: The park set up for $100; park event permits, $350; park breakdown,
$50; event staff, $750; City cleanup, that's the bond that you want?
Mr. Plummer: Yes. How much is it?
Mr. Odio: $1,800.
Mr. Plummer: All right, you'll have to put up a bond for $1,800. You clean
it up yourself, you get your money back. You don't clean it up, we'll do it
and take from the bond.
Mr. Odio: OK, right. The same thing with contractual cleanup is $2,000.
Mr. Plummer: Same thing so that would be the bond of $3,800.
Mr. Odio: They have to provide insurance.
Mr. Plummer: No, insurance they got to provide.
Mr. Odio: OK, that's... occupational license we'll waive.
Mr. Plummer: OK.
Mr. Odio: That's $125.
Mr. Plummer: OK.
Mr. Odio: Fire Department, they have $4,300 here.
Mr. Plummer: No, that's personnel, you can't waive it.
Mr. Odio: You can't waive that. Police, $10,000.
Mr. Plummer: I would ask that that try to be reduced, if possible, by working
with you.
Mr. Odio: I'll work with the Police Department and see if we can cut that in
half.
UNIDENTIFIED SPEAKER: Excellent, thank you.
Mr. Odio: And solid waste disposal again, $1,435, you'd want the same bond
for that.
I
140 October 22, 1987
i
Mr. Plummer- That's it, fine. As long as there's no problem, they get their
money back.
Mr. Odio: OK.
Mr. Plummer: Those things outlined by the City Manager, I move that they be
waived.
Mrs. Kennedy: 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. 87-953
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $1,400
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO
COVER ALL OR PARTIAL CITY FEES AND EXPENSES FOR PARK USE
AND OCCUPATIONAL LICENSE REQUIRED FOR THE "FIESTA
PATRONALES PUERTORRIQUENA" TO BE PRESENTED BY THE
FRATERNIDAD ACCION PUERTORRIQUENA IN BICENTENNIAL PARK
NOVEMBER 18 - 22, 1987; DIRECTING SAID SPONSOR TO SUBMIT
TO THE CITY A PERFORMANCE BOND IN THE MINIMUM AMOUNT OF
$5,300 TO GUARANTEE CLEANUP AND TRASH DISPOSAL FOR SAID
EVENT; SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Plummer: Now when's the Festival?
UNIDENTIFIED SPEAKER: November 18th through the 22nd.
Mayor Suarez: Beautiful.
UNIDENTIFIED SPEAKER: Thank you.
51. WAIVE COMPLIMENTARY TICKET LIMITATION AS MANDATED IN SECTION 53-141 OF
THE CITY CODE, TO ALLOW FOR THEIR DONATION TO JUST SAY NO TO DRUGS.
INC., FOR DISTRIBUTION TO LOCAL STUDENTS.
Mayor Suarez: Item 104.
Mr. Odio: We're recommending this program, commission...
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: How much are ve talking about?
i
141 October 22, 1987
U
=S
i
Mr. Albert Brinson: My name is Albert Brinson, I'm executive director of Just
Say No to Drugs. Last year the university gave us 20,000 tickets for their
November 15th football game and we distributed tickets to students who wrote a
pledge to live a drug free lifestyle. In exchange for their pledge, they
received a ticket to the Hurricane football game and, in fact, 9,666 students
turned out to the game. This year, the University has cut back to 10,000
tickets they offered us because of the expense that they - it cost them about
$12,000 they estimated and the fee they had to pay to the City for the large
number of complimentary tickets they distributed. So, what we're asking today
is that the City would waive the fees associated with any complimentary
tickets that the University would offer Just Say No to Drugs and our pledge...
Mr. Dawkins: No, no, no, hold on, hold on, you don't have to do that. How
many tickets have we purchased from the...
Mrs. Kennedy: Yes.
Mr. Dawkins: ... each game we get how many tickets from the University of
Miami that we purchased?
Mayor Suarez: That's right, there was a huge purchase approved.
Mr. Dawkins: It is, it is. Come on, all right.
Mayor Suarez: Some huge block of tickets that we purchased.
Mr. Odio: I think each one of you get - it's 250 tickets if I remember right.
Mr. Dawkins: Each of us and that's 2500, there's five of us. Right?
Mr. Odio: Yes, yes.
Mayor Suarez: It's 1250.
Mr. Dawkins: That's 2,500 tickets.
Mayor Suarez: Or is it 250 altogether?
Mr. Odio: No, no, I think it's 250 altogether.
Mr. Dawkins: No.
Mr. Plummer (Off mike): Here, let me tell you what I get, I get 40 per game.
Mrs. Kennedy: Yes, so do I.
Mr. Dawkins: All right, well that's 200 tickets, right?
Mr. Odio: I think it's 250, Commissioner.
Mr. Dawkins: Two fifty. So what if we were to make that game tickets
available to him instead of giving them to us Commissioners and it won't cost
us no money.
Mr. Plummer: Well, I got a problem with that because I give most all of mine
to the Police Chief who gives them to the inner city kids that are in the
recreational programs.
Mr. Dawkins: Well, what says that you can't tell him to give your 40 to the
inner city? All I'm doing is trying to save us money, J.L., but if you all
feel like giving them... if you all got some money to give away, be my guest.
Mr. Plummer; No, I... Well, no, there's a big difference though, the ones
that we receive are full price tickets. He's talking about the potential of
what, a thousand kids or ten thousand kids?
Mr. Dawkins; No, no.
Mr. Brinson: Oh, last year we had 9,666 kids took advantage of the program.
Mr. Plummer; Right.
142 October 22, 1987
Mr. Odio: Let me see if I can explain, Commissioner. By contract, the
university cannot give but so many amount of comp tickets. What they're
asking us is to waive that restriction so they can give them the comp tickets
and I think we should. That's all I say, I recommend...
Mr. Dawkins: It's not costing no money?
Mr. Odio: It will not cost - well, it does indirectly because it reflects...
Mr. Dawkins: You see, all right - but then when somebody else come up here
from somewhere else for some money, then we start telling them we don't have
no money.
Mr. Odio: No, let me explain, Commissioner, what it means is, it re...
Mr. Plummer: Miller, the difference is, if you do it, and I admire for what
you're trying to accomplish, you're talking about 200 kids at the most where
he has the availability of ten thousand through this other vehicle.
Mr. Brinson: We work through the Dade County School System and we got
the ------- We just didn't give the tickets away, we required the students to
write a pledge to live a drug free lifestyle and we actually collected the
pledges and on the 50-yard line prior to the game, pre -game ceremonies...
Mr. Odio: Let me explain, Commissioner Dawkins, what it reflects on the rent
but we make that up when the kids come in and they buy hot dogs and coke and
whatever and...
Mr. Brinson: Yes, right, we...
Mr. Dawkins: The only thing I have a problem with this is, you gave $25,000
to the university for the basketball game, all right? You bought X number of
tickets from the University of Miami that you distribute to us. Every time
you look up, the University of Miami is out here with his hands out and
there's FIU, there's Barry College, there's all these other colleges. We
never see them down here asking for nothing and we just continue to hand out
for UM.
Mr. Brinson: Well, I'm not representing the UM, Commissioner.
Mr. Dawkins: No, no, look, I'm not talking to you. I'm talking to these
people up here who convincing me, OK? That's all.
Mr. Plummer: You got a motion and a second, Mr. Mayor.
Mr. Dawkins: All right, I know what you - I know you're here doing a good
deed in the community and J.L. is saying that the more kids you reach, the
better chance we have for success. Well, I have no problem with that. I have
no problem with what J.L. is saying, but I have to say what I have to say,
that's all.
Mr. Brinson: I would like to add that the university did experience a larger
sales due to the fact that the parents had to buy the tickets to accompany
their children to the game. So there was money generated from the sale of
tickets plus concessions.
Mayor Suarez: Call the roll.
143 October 22, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-954
A RESOLUTION WAIVING THE COMPLIMENTARY TICKET
LIMITATION (500 MAXIMUM) AS MANDATED IN SECTION 53-141
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, FOR THE
UNIVERSITY OF MIAMI, FOOTBALL GAME AT THE MIAMI ORANGE
BOWL STADIUM ON NOVEMBER 21, 1987, PROVIDING THAT SUCH
TICKETS BE DONATED TO JUST SAY NO TO DRUGS, INC. FOR
DISTRIBUTION TO LOCAL STUDENTS, THEREBY EXEMPTING SAID
TICKETS FROM THE REQUIRED ORANGE BOWL ADMISSION TAX;
SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: Reluctantly yes.
COMMENTS MADE AFTER ROLL CALL:
Mr. Dawkins: OK, now under discussion, OK. When you're for you, sir. OK?
We have an Orange Blossom Classic here every year. I never see none of you
people down here talking about let's fill the stadium, OK? Why don't you come
down here and ask us for some money to f ill that stadium, all right? And
that's not for you, sir, that's for everybody in the community. See, but
every time you come down here, nobody thinks about Florida ABM is struggling
trying to make it. It's out there by itself. We have an Orange Blossom
Classic and nobody comes in here and says, well, how can we fill the stadium?
But yet and still when the University of Miami got a game, you want to come
down here and we want us to buy $10,000 worth of tickets and somebody else
come and you want buy some tickets. You know, let's support Florida AbM next
year. That's all I'm saying.
Mr. Plummer: It's a damn good idea.
Mr. Brinson: Yes, sir, I will be down here, I will talk with you directly and
make some arrangements to do that.
Mr. Dawkins: No, no, you didn't come to me directly now, come right back out
here where you are now. Don't come in my office, you know, like me and you
call it, you come down here like you are now. Come right here before me like
you're doing now so all five of us can vote on it. OK?
Mr. Brinson: I'll do that.
Mr. Dawkins: All right, you got me.
Mayor Suarez: Thank you for your presentation.
Mr. City Clerk?
Mr. Foeman: Yes, we did.
I"
We completed the roll call,
October 22, 1987
52. ALLOCATE AN AMOUNT UP TO $30,000 TO COVER ONE-HALF OF CITY RENT FOR
ANTIQUE AND JEWELRY SHOWS PRESENTED BY COCONUT GROVE CARES, INC.
Mayor Suarez: Item 105. Coconut Grove Cares. Waiver of the Exhibition Hall
for Antique Show.
Mr. Collie Coats: Yes, sir.
Mr. Odio: Let me, before he makes a presentation remind the Commissioner that
the last time they were here, we were told that that would be the last year.
Mr. Dawkins: And not only that, sir, you gave them $50,000.
Mrs. Kennedy: How much money are we talking about?
Mr. Dawkins: We gave them 50 thousand; they got $50,000. OK, all right.
Mr. Odio: All right now this...
Mr. Collie Coats: OK, my name is Collie Coats, I'm with Coconut Grove Cares
and I'd like to say something, Mr. Odio. The Commissioners told me two years
in a row, true enough, that they would not fund the agency again. They said
boxing program and you said the Antique and Jewelry Show, that's not the case.
Second...
Mr. Odio: Didn't you say on the record the last time that the Antique Shows
are used to fund the boxing program?
Mr. Coats: Let me finish it up and I'll let you know. When they cut the
funding, we did fund the boxing program. We cut that down last year and we
have the records to prove it. We sent our records over to the Department of
Community Development. OK, it seems to me everytime we come here and the
= boxing program came into effect and if you like to know you have the first
time in all these years that you been having a boxing program in the whole
City, you have a champion out of that program that just won a national
tournament and going to the Olympics for a try out, OK? The second thing -
the third thing is that we keep criticizing Antique and Jewelry Show and every
weekend our Antique and Jewelry Show that we have a month for this community
and we're non profit, bring to this community of the City of Miami from Ft.
Lauderdale and other communities around, we bring into the area at least 2,500
people per weekend. OK, those are things that have to be considered. We are
not making profit. Every dime that we make on these shows go back into the
community of the City of Miami. Every single dime and that's what I'm trying
to get across. In fact, this year, since that didn't come up about the
waiver, that was funding, it's a way of funding but not entirely. What we're
trying to do this year is to say not to waive their total amount but to waive
at least one-half of it. That's the only thing we're asking this year. And
eventually, we won't have to ask you that at all.
Mayor Suarez: I have no problem with the waiver of the fee for the use of the
facility. I move it.
Mr. Plummer: The motion made.
Mrs. Kennedy: I second.
Mr. Plummer: And seconded to waive half of the fee for the Antique Show for
the coming year. Any discussion? Call the roll.
s
i
i
145 October 22, 1987
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 87-955
A MOTION ALLOCATING AN AMOUNT NOT TO EXCEED $30,000 TO
COVER ONE-HALF OF CITY RENT REQUIRED FOR ANTIQUE AND
JEWELRY SHOWS PRESENTED BY COCONUT GROVE CARES, INC. AT
THE COCONUT GROVE EXHIBITION CENTER, FOR TEN SHOWS HELD
DURING THE PERIOD OCTOBER 1, 1987 THROUGH SEPTEMBER 30,
1988.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Al
Mr. Coats: Thank you.
NOTE FOR THE RECORD: Item 107 was withdrawn.
53. DISCUSSION AND APPROVAL OF REQUEST THAT A PLAQUE BE GIVEN TO EACH MEMBER
OF THE PLANNING ADVISORY BOARD UPON COMPLETION OF THEIR TERM OF OFFICE.
Mayor Suarez: 108. We really don't need a presentation on this, Herb. You
want us to award plaques to all people retiring from or finishing their terms
on the Planning Advisory Board?
UNIDENTIFIED SPEAKER: Finishing their three-year terms, yes, please.
Mr. Plummer: As long as it doesn't cost more than $3.00.
UNIDENTIFIED SPEAKER: I don't accept that, Mr. Plummer.
Mayor Suarez: I don't think we need a motion on that, do we Mr. Manager?
Mrs. Kennedy: Let me ask you something. What plaques and why not a nice
certificate that is much less expensive?
Mr. Plummer: 108.
UNIDENTIFIED SPEAKER: I'm sorry, Rosario, I didn't...
Mrs. Kennedy: Because it's not - I'm just thinking that it's not only your
board but then we'll have to do it through all the City.
Mayor Suarez: We'll do the plaques. We'll get the funding from someplace if
there's any problem with the funding. I'll pay for it out of my budget.
UNIDENTIFIED SPEAKER: And not from Off Street Parking.
Mayor Suarez: Anyhow, the P.A.B. which is a very important board, I think we
can afford plaques. We have been saving a lot of money on frames for
certificates I guarantee that because we haven't given one yet in two years.
Mr. Plummer: I served there 18 years ago, do I get a plaque?
146 October 22, 1987
i`.,
Mayor Suarez: Yes.
UNIDENTIFIED SPEAKER: Not one of those paper things, please. You notice it
says an engraved plaque.
Mr. Plummer: I never got a plaque.
Mayor Suarez: Herb, we'll take care of it, we can cover it from our budget or
from donation or whatever from the Board of Realtors, you know. No problem.
Coordinate it through my office, Herb, if you want all the Commissioners to
sign it then we'll circulate them.
54. ALLOCATE
EXPENSES
AN AMOUNT UP
FOR A "MEXICAN
TO $4,000
CHRISTMAS
------------------------
TO AEROMEXICO TO COVER CITY FEES AND
IN THE GROVE".
Mr. Odio: On 109, Mr. Mayor, we promoted this last year. It was a very good
show. We are recommending again that we waive the rental of the park but we
cannot absorb the cost of labor and all the costs of labor or outside...
Mr. Plummer: Hey, let me tell you, I was there last year and it's free to the
public, it doesn't cost anything and it's a very nice day's outing. All
right, before you go speaking and killing yourself, tell me what can we waive
and that's what I want to move.
Mr. Odio: I would say you can waive up to $3,000 and they cover up the rest.
Mr. Plummer: Up to three thousand?
Mr. Tony Stenson: How about one more?
Mr. Plummer: A thirty-five hundred.
Mr. Stenson : You got a budget of $4,000.
Mr. Odio: Concho.
Mr. Plummer: Chico.
Mr. Odio: This makes it kind of.....
Mr. Plummer: That's Spanish.
Mr. Odio: I said concho.
Mr. Plummer: Oh, concho, oh, oh, oh.
activity in the park.
Mrs. Kennedy: And I'll second.
I move $4,000 for a tremendous seasonal
Mr. Stenson:
Mr. Vice -Mayor, I'd just
take it and run.
Thank you very much,
gentlemen.
Mayor Suarez:
Moved and seconded.
Mrs. Kennedy:
Wait until we all vote.
Wait a second.
Wait before you start
thanking us.
Mr. Plummer:
If you want to talk some more, it's going
to go down.
Mayor Suarez:
That's the way to do it.
Any discussion?
Call the roll.
Mr. Stenson:
We will be bringing press
again.
147 October 22, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-956
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO
COVER CITY FEES AND EXPENSES REQUIRED FOR THE "MEXICAN
CHRISTMAS IN THE GROVE" TO BE PRESENTED BY EMPLOYEES OF
AEROMEXICO IN PEACOCK 2ARK ON DECEMBER 13, 1987; SUBJECT
TO AND CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mr. Plummer: I'm going to remind you of something, hold on. Many people were
disappointed last year when they came there that'you didn't have Mexican food
in booths.
Mr. Stenson: Yes, we did.
Mr. Plummer: And they felt that when they had the Mexican music and the
Mexican seasonal program, many people came there just to have the food and
everything. And if you don't do it this year, I think you're missing a good
bet because I know many people expressed to me disappointment last year.
Enjoyed the day, but there really was not even any food in the park.
UNIDENTIFIED SPEAKER: Well, there will be more food and we did have the
Choco's Restaurant that was there; sold out twice.
Mr. Plummer: And I would like to have the Bromo-Seltzer concession as they
leave.
Mr. Stenson: We'll supply one of those, Mr. Plummer. Thank you.
55. ALLOCATE FUNDS FOR INTERNATIONAL DISCOVERY DAY BICYCLE TOUR, WITH THE
STIPULATION THAT SOCIEDAD DEPORTIVA (ZAS) SHALL PAY FOR CITY SERVICES AT
NEXT YEARS EVENT.
Mayor Suarez: Item 110.
Mr. Steve Silver: Mr. Mayor, Commissioners, we are very proud to report that
the 1987 International Day Discovery Bicycle Tour was a huge success in Miami,
particularly in terms of the interest that it sparked in Spain for a program
of bicycle schools and youth programs and cultural exchanges that would
originate here from Miami. And this is all the result of the favorable
publicity about the race which did reach Spain. Some of the developments you
might be interested in, the ZAS Organization has received numerous
applications from other European cyclists to come here for next year's race
and several Spanish companies are considering becoming involved in the program
in Miami and in Miami business development in general. Mr. Alvarez here is
already in discussions with Dr. Suzanne Richter of Miami -Dade Community
College for a program of bicycle clinics in Bicentennial Park. Now, although
all of these developments bode well for the City of Miami and for the future
of the ZAS effort, the organization is presently operating on a huge deficit.
140 October 22, 1987
We would like the Commission's help in enabling the program to continue by
waiving or reimbursing to us the $5,000 police and cleanup costs that we
incurred in the race. Regarding those services and we don't come here to
complain about this matter but hope that you would consider it in your
decision. The situation regarding the road closures did create a good deal of
confusion and chaos for us. The...
Mayor Suarez: We got some complaints.
Mr. Silver: Yes, they were an hour late in arriving and barricaded the wrong
roads and as I said, we didn't come here today to complain about...
Mayor Suarez: You know, if you had followed the proceedings as we did before
in regards to a couple of other events and had posted a bond for the cleanup
and done a cleanup yourselves, you would have saved that whatever amount you
just stated, $4,000 or $5,000. Did you think of doing that, did anyone in the
administration suggest that?
Mr. Silver: Perhaps so. Well, the organization came here from Spain on, as I
said, on a shoestring budget and at the very last minute and...
Mayor Suarez: But a lot of times you don't have much of a budget but you've
got, you know, manpower to do that kind of cleanup and with that bond, you
know, mechanism, we would have given you the money back, it would have cost
you nothing.
Mr. Silver: Certainly, well that's as we see it, water behind the bridge but
we are looking to the future now.
Mayor Suarez: Or under the bridge or whichever.
Mr. Silver: Under the bridge, over the bridge - it's a little better.
Mr. Plummer: Or dirt behind in the streets.
Mr. Silver: That too. Anyway, we're looking to the future now and the race
did generate a good deal of favorable publicity for Miami which reached Spain
- and as a result, several companies there are interested in coming here and
becoming involved and we think it bodes your attention. If you have any
questions about the race or how it might take place next year...
Mayor Suarez: It's going to be yearly is your idea?
Mr. Silver: Yes and this is, as we told you last time, a non profit
organization which is trying to take kids off the streets more or less and put
them on bicycles and it's a mentor program that...
Mayor Suarez: You know, if you were here for next year's event asking for the
same mechanism to be put into effect where you could bond out against the
expenses, I'd have no problem but I don't know unless the Commissioners want
to find money that we don't have to pay for this after the fact, I can't see
it.
Mr. Plummer: It's just not there.
Mayor Suarez: Be happy to help you with private sponsors to, you know, some
bike company or somebody, use our office if you'd like.
Mr. Silver: We should let you know that there are several banks in Spain
which next year would like to get involved, such as, forgive my pronunciation,
but Caj a de Ahorros, Dias...
Mr. Plummer: What! What!
Mr. Silver: Maybe I'd better let...
Mrs. Kennedy; Let, let...
Mr. Plummer: Even in my bad Spanish that wasn't right.
Mrs. Kennedy; Let Matilde do it for you.
149 October 22, 1987
Ms. Matilde Perez Paroda: Excuse me, I'm, it's Caja de Ahorros de Asturias y
Banco Herrero de Asturias and there are about six or seven companies that are
interested because of the race. Mr. Alvarez was telling us yesterday that the
promotion generated in Spain for Miami has been really quite positive, via-a-
vis what they regard a very negative promotional effort with "Miami Vice" that
us in Miami we think that that program is really favorable to us but in Spain,
unfortunately, it is regarded very negative so...
Mayor Suarez: Let's not get into whether "Miami Vice" is positive or
negative.
Ms. Paroda: OK, but what I'm saying, Mr. Mayor, is that these people have
learned positive things, beautiful things about Miami and we have the names of
the companies that are interested in coming here.
Mr. Plummer: How much are we talking about?
Mrs. Kennedy (Off mike): Five thousand.
Mr. Plummer: How much are we talking about?
Mrs. Kennedy (Off mike): Five thousand.
Mr. Odio: $5,000 some dollars, it's a lot of money.
Mr. Plummer: Payable to who? I, you know, what are you going to do? These
people have no money. There's no profit in this thing. Where the hell are
they going to get the money to pay for it? It was a downtown event, in the
streets of downtown...
Mr. Odio: Well, maybe they should go to the Downtown Merchants Association.
Mr. Plummer: Mr. Manager, I'm going to simplify it, if I don't get the votes,
I don't. I'm going to move that the City accept the obligation, fully
understanding next year that you're going to have to make adequate provisions
in some way, shape or form. I'm going to move it. I just don't want to see
that same publicity go back to Spain that we didn't pay for it. I think it's
wrong. I'll so move.
Mrs. Kennedy: You convinced me, I 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. 87-957
A RESOLUTION STIPULATING THE CITY'S ACCEPTANCE OF ITS
OBLIGATION IN CONNECTION WITH THE 1987 INTERNATIONAL
DISCOVERY DAY BICYCLE TOUR CONDUCTED BY SOCIEDAD
DEPORTIVA ZAS OCTOBER 12, 1987, THERE BY ALLOCATING
FUNDS TO COVER THE COST OF CITY SERVICES IN CONNECTION
WITH SAID EVENT WHICH AMOUNTED TO $5,320.50; FURTHER
STIPULATING THAT THE CITY'S ACCEPTANCE OF THIS
OBLIGATION IS SUBJECT TO THE ORGANIZERS ACCEPTING
RESPONSIBILITY FOR PAYMENT OF CITY SERVICES FOR NEXT
YEAR'S EVENT; 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 Kennedy, the resolution was passed
and adopted by the following vote-
i
150 October 22, 1987
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Silver: Thank you, Mayor and Commissioners.
Mayor Suarez: Reluctant, yes.
56. REFER BACK TO CITY MANAGER ALLEGATIONS CONCERNING BUILDING AND ZONING
VIOLATIONS AND THE CITY ALLEGED NONCOMPLIANCE WITH FLORIDA STATUTES
RELATING TO PUBLIC RECORDS.
Mayor Suarez: Item Ill, Thomas Jones.
Mr. Plummer: No, are you going to be under six hours?
Mr. Thomas Jones: No, these are photographs. Good afternoon, Mr. Mayor, City
Commissioners. You...
Mr. Plummer: Sir, have you discussed this with the administration first?
Mr. Jones: I have...
Mr. Plummer: Have you gone to the administration and...
Mr. Jones: To take photographs?
Mr. Plummer: Well, according to this, you're going to tell us about a variety
of building and zoning violations and City's alleged noncompliance with
Florida statutes.
Mr. Jones: Is there a department that I'm supposed to go to?
Mayor Suarez: Concerning public records.
Mr. Plummer: Well, yes, sir, building and zoning is a department in this City
and if you have non compliance with any statutes, the City Attorney and the
City Manager is where you should go because anything you tell us today...
Mr. Jones: Have I been to any departments? I've been to them all.
Mr. Plummer: Well, sir, anything you tell us today, we're going to have to
turn over to them anyhow.
Mr. Jones: Right.
Mr. Plummer: So I was just trying to short circuit it and tell you...
Mr. Jones: Then what is the purpose... that's what I was going to ask you,
what's the purpose of the Commission?
Mr. Plummer: The purpose of the Commission is to act on whatever they
recommended to us, sir. So, I would make a motion at this time that we refer
you over to the City Manager. He will look into your allegations, he will
make a recommendation back to this Commission with corrections already, if
not, and then we will act on it.
Mr. Jones: I think that's why I'm here, I want to talk to the Chief of Police
or...
Mayor Suarez: And a representative from the Police Department, from the
Chief's Office top.
151 October 22, 1987
Mr. Plummer: And then they'll recommend back to us at the next meeting.
Mr. Jones: OK, fine - maybe my lawyer, I'd like for my lawyer to be present.
Mayor Suarez: I'm sorry.
Mr. Jones: I say I would like to talk to the Chief of Police and maybe my
lawyer will go.
Mayor Suarez: Yes, well you're entitled to be present at that meeting with
your attorney.
Mr. Jones: The reason I'm here is because I called the Police Department, I
said, how do you talk to the Police Chief?
Mayor Suarez: Right.
Mr. Jones: He said, come on down. So I went down, a lieutenant came out and
said, you can't talk to the Police Department.
Mayor Suarez: OK, this time the Commission is instructing the Manager and the
Police Department both to meet with you.
Mr. Jones: The administration... Right, the administration as you call it, is
like a jelly fish, you push here and it bulges out over here.
Mayor Suarez: It works that way a lot.
Mr. Plummer: That's the balloon theory.
Mayor Suarez: Interesting description.
Mr. Jones: OK, so how do I go about this now?
Mayor Suarez: We're about to vote to require them to meet with you.
Mr. Jones: OK, thank you very much.
Mr. Plummer: Mr. Pierce is now your personal banker.
Mr. Jones: OK, thank you.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 87-958
A MOTION REFERRING BACK TO THE CITY MANAGER ALLEGATIONS
CONCERNING BUILDING AND ZONING VIOLATIONS AND THE CITY'S
ALLEGED NONCOMPLIANCE WITH FLORIDA STATUTES CONCERNING
PUBLIC RECORDS; FURTHER INSTRUCTING THE CITY MANAGER TO
LOOK AT SAID ALLEGATIONS, AND COME BACK BEFORE THE CITY
COMMISSION WITH A RECOMMENDATION IN CONNECTION THEREWITH.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOBS; None.
ABSENTS Commissioner Joe Carollo
152 October 22, 1987
-------------------------------------------------------------------------------
57. ALLOCATE AN AMOUNT UP TO $4,500 FOR GREEK LADIES PHILOPTTOCHA'S SOCIETY
OF SAINT SOPHIA GREEK ORTHODOX CATHEDRAL.
Mayor Suarez: Greek Ladies Philopttochas Society
Mr. Plummer (Off mike): Wait a minute, she's telling us we cannot act on
this, it's a church organization. Jim, we got a problem. She's telling us we
cannot act on this, it's a church activity.
Mayor Suarez: Father, will you tell us the meaning of Philopttochas?
Reverend ----- It's a compound word and it's friends of the poor.
Mayor Suarez: Friends of...
Reverend ---- ... the poor. And it's purpose...
Mayor Suarez: Oh, the Philo part is always the prefix for friends, right.
Reverend: Yes, and its the organization that deals with the needy people.
Mayor Suarez: What is the suffix or what's the part that deals with the poor
here now? How do you say that?
Reverend: Tochas.
Mr. Plummer (Off mike): We can't do that. We can do the sanitation in a
bond. You clean it up, fine and...
Mayor Suarez: That's classical or modern?
Reverend: Classic.
Mr. Plummer: Well, let's get to the bottom of it, all right? Street closure,
I see, is no problem, OK? And to make sure this is a non secular activity for
the record.
Reverend: It is.
Mr. Plummer: OK, then lets...
Mayor Suarez: Non religious or secular.
Reverend: Non religious.
Mr. Plummer: Non religious, OK. You're asking for the street closure, no
problem. You're asking for in -kind to what extent?
Reverend: Sanitation.
Mr. Odio: Solid waste is, $300 are going to...
Mr. Plummer: OK.
Mayor Suarez: You clean up after yourselves and post a bond?
Mr. Plummer: Do you want to post a bond and you do it or we take it out? How
do you want to do it? You got your choice.
Mr. Odio: I tell you, we do have a problem with the closure of the street.
Mr. Jim Angleton: Well, it's just three days, $300, that's all it is.
Mr. Plummer: The what?
Mr. Odio: Yes, the police...
Mr. Angleton: And then the police...
153 October 22, 1987
Mayor Suarez: Just so we know we're covered, Jim, you know.
Mr. Odio: On the closure of the street, the Police Department does not want
to close Coral Way down. That's a main thorough...
Mayor Suarez: It's one lane of Coral Way.
Mr. Angleton: Well, right, all we're asking for is the east lane; it's a four
lane highway, it's the east lane.
Mayor Suarez: And it actually makes traffic work better.
Mr. Angleton: Mr. Mayor and Commissioners...
Mr. Odio: It's a State Road.
Mr. Angleton: ... I'd like to back up. You all know who I am, I'm Jim
Angleton for the record. I live at 635 Malalucca Lane in Miami. I'm here
representing with some other group, with Father and some other members of our
community, the Greek Ladies Society is a society for the poor. Everything
that they collect is non profit. Everything that they collect is given to the
poor. Anyone of any race, creed, anything can come and ask for money, for
housing or food and we help them. We have never come before the Commission
before and made any request. There are a lot of Greek people here, I've heard
the Mexican people represented today and the Spanish people today, us Greek
people, we've never asked for anything. We're a proud people, OK. We don't
go around waving the flags, we're proud of being what we are, we're Americans.
But, we're feeding Americans too. And so what we're asking for is actually
three things: We're asking for one lane of Coral Way, S. W. 3rd Avenue to be
closed on the east bound lane. There'll still be one lane open. We've had
people killed before along that street there and I think, Commissioner
_ Plummer, you're aware of that. It's a very dangerous area. Now, we're asking
for that. We're asking for security for three days, gratis. We're asking for
the sanitation, gratis. And we're...
Mayor Suarez: Well, how about if you do your own pickup and instead post a
bond which is what we've been trying to do, Jim, with other organizations.
Mr. Angleton: Well, whatever makes it easier for you, for the City.
Mayor Suarez: That's a lot easier for us.
Mr. Angleton: OK, post a bond or...
Mayor Suarez: Because you've got - post a bond and your own people do the
cleanup afterwards and if we're satisfied, then you can have all your money
back, on the sanitation.
Mr. Angleton: Got it. OK. Is that OV And then the police security
services. Please, you know, I know it's a larger item. And then, also, we're
asking for $4,500. I mean, I've heard, you know, I've been sitting here for
two hours...
Mayor Suarez: What does the Bible say, ask and ye shall receive, right?
Mr. Plummer: Are you helping the poor or are we helping the poor?
Mr. Angleton: It's the poor. We, we all are. These are poor of Miami.
Mr. Plummer: We all are.
Mr. Angleton: This is the first time that the Ladies of the Poor are giving
this event. The church...
Mr. Plummer: How much is the police?
Mrs. Kennedy: For three days.
Mr. Angleton: For three days.
154 October 22, 1987
Mr. Plummer: Well, I tell you. As far as I'm concerned, I'm ready to waive
the fees as far as the sanitation is concerned. I'm willing to go all the way
but the only thing I can help you with, Jim, the church is to, in fact, try to
get them to cut down as much as they can on the number of policemen involved.
If those guys go out and work, they're entitled to their money and I just
don't know any...
Mr. Angleton: We could have two police officers, we'll be happy.
Mr. Plummer: Well, but you see, that's not the problem. You're closing the
street and you're talking about safety.
Mr. Walter Pierce: (INAUDIBLE)
Mr. Angleton: OK, can we have some officers there then slowing traffic...
Mr. Plummer: Are you saying we don't have the right to close it?
Mr. Pierce: (INAUDIBLE COMMENTS.)
Mrs. Kennedy: Well, then we can't...
Mrs. Dougherty (Off mike): So it's subject to state commission...
Mr. Plummer: There went my victory party.
Mrs. Kennedy: Can't close the roads.
Mr. Angleton: It's actually too late to move it somewhere else.
Mayor Suarez: But we close - we must have some kind of reciprocity or
something, we close county streets under county jurisdiction and state
jurisdiction for different events. Must be with their cooperation, with the
other jurisdictions' approval. So that won't be the first time.
Mr. Plummer: Well, we can recommend it but what you're saying is only DOT can
approve it.
Mayor Suarez: Right, I mean we can certainly recommend it.
Mr. Walter Pierce: Yes, all we're suggesting is that you do it subject to.
Mayor Suarez: Right, OK, fine.
Mrs. Kennedy: Right.
Mr. Plummer: Oh, OK, all right.
Mrs. Kennedy: That's fine.
Mayor Suarez: I'm pleased. I've seen...
Mr. Plummer: I so move the following, that the street closure be recommended
subject to the approval of DOT. That they be allowed to place the bond in
lieu of the sanitation cost at such time of inspection, if it's clean, they
get their full bond back. And we urge the City Manager to try to keep the
cost down and the security as low as possible.
Mrs. Kennedy: I'll second.
Mayor Suarez: So moved and seconded. Any discussion?
Mr. Plummer: Oh wait a minute, the $4,500.
Mrs. Kennedy: And, yes, under discussion.
Mr. Plummer: And give them the $4,500.
Mrs. Kennedy: OK.
Mrs. Dougherty (Off mike); Security and $4,500?
i55 October 22, 1967
Mr. Plummer: Yes.
Mrs. Kennedy: Under discussion, this is a Greek ladies society. Make sure
you bring some ladies next year.
(Applause)
Mr. Angleton: You know, Commissioner, you're absolutely right. I was
looking - we have one. We have one and Annette's Greek today.
Mr. Plummer: And if you tell me Annette Eisenberg is a Greek lady.
Mrs. Kennedy: Greek, that's right. Then I've heard everything.
Mr. Angleton: Commissioner, they're all baking, believe it or not and that's
the truth. They're all baking there. They're all baking day and night.
Mayor Suarez: Right. Right.
Mr. Plummer: That's Annette. Annette is the typical old saying, beware of
Greeks bearing gifts, that's Annette.
Mayor Suarez: Call the roll on that.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-959
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,500
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE GREEK LADIES PHILOPTTOCHAS SOCIETY
OF SAINT SOPHIA GREEK ORTHODOX CATHEDRAL; SAID
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY
NO. APM-1-84, DATED JANUARY 24, 1984; AUTHORIZING THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION
SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY; FURTHER
CONDITIONED UPON THE ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID
EVENT AND POSTING A BOND FOR THE COST OF CLEANUP
SERVICES FROM THE DEPARTMENT OF SOLID WASTE.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: As long as I the Bromo-Seltzer concession, the answer is yes.
COMMENTS MADE AFTER ROLL CALL:
Mr. Angleton: Thank you very, very much. Thank you, thank you.
Mayor Suarez: Go and sin no more.
156 October 22, 1987
----------------------------------------------------------------------------- Z
58. DIRECTIVE TO CITY ADMINISTRATION THAT FUTURE AGENDAS SHOULD STATE CITY
MANAGER'S RECOMMENDATION ON PERSONAL APPEARANCES.
Mayor Suarez: Item 113.
Mr. Plummer: We have the recommendation of the Manager please. Mr. Mayor, I
would like to make a motion at this time on all personal appearances, since it
is already a policy of this Commission that all of these matters have to go
through the administration first. Mr. Manager, you better listen to this.
That in the future on all agendas, that when they print the agenda item that
the Manager, like all other items, gives his recommendation on the agenda.
Mayor Suarez: Where something is going to be requested that makes sense.
Mr. Dawkins (Off mike): And if they have not; if they haven't...
Mrs. Kennedy: Yes, it's a good idea.
------------------------------------------------------------------------------
59. ACCEPT IN PRINCIPLE PROPOSED MINI -POLICE STATION FACILITY AT BISCAYNE
BLVD. AND NE 27TH ST.
_ Mr. Plummer: OK? You know, because a lot of these cases don't go to the
administration like our policy and second of all, they're not prepared to make
a recommendation, we're wasting their time and ours so I'm going to ask the
Manager, have you discussed this subject?
Mr. Odio: I have not. Carlos, did you discuss this ministation with them at
all? Have you met with these people here?
Mr. Plummer: The question is, are you, the Manager, ready to make a
recommendation?
Mr. Odio: No, I am not. In fact, I am not and the Police Department would
have to look at this also, so...
Mr. Benny Diaz: Well, excuse me, Commissioner Plummer, there have been
extensive discussions.
Mayor Suarez: Give us your name and address.
Mr. Diaz: My name is Benny Diaz. I'm here both as an attorney for the
neighbors who are all here to......
Mr. Plummer: Who have you talked with, sir?
Mr. Diaz: It's my understanding that representatives from the group have
spoken with some of the Commissioners. They've also spoken with the Police
Department with several representatives of the Police Department including the
Chief, they've written letters to the City Manager...
Mayor Suarez: Counselor, let me interrupt you, you have not been paid for
your appearance today?
Mr. Diaz: No, I have not, I'm here as a member of the Agrupacion Catolica
Universitaria that runs a -I'm its attorney and I represent them free of
charge. They run a retreat house on NE 27th Street near the area where this
is going on.
Mr. Plummer: OK, this - look, I met with a group of your group of people this
morning. I told them now and I'll tell - I told them then and I'll tell you
now, I support you in your application. That you just don't put these things
together bazoom. OK, there's contracts to be entered into, as you well know.
There is a delegation of people, delegation of dollars, all of that has to be
done. Now, I want to tell you that as far as I'm concerned, we can turn it
157 October 22, 1987
s 10
over to the Manager with this Commission's blessing that it proceed, but here
again, it would have been nicer if, in fact, it had come to us, the Manager
was ready to recommend and say, OK, let's go from here. It's not been done.
Now...
Mr. Odio (Off mike): I'm not recommending...
Mr. Diaz: Well, I can say this, we have a...
Mr. Odio: May I please? The problem is that there are other people that when
other mini -stations in the same area and we have to get all this information
together and decide which one is the best one. So, I mean, you have one but
there's some other people that have another one and another one and...
Mayor Suarez: Is your offer a totally free location and, if so, what is the
address so we get that on the record?
Mr. Angleton: Yes, it's free of charge, it's on NE 27th Street and Biscayne
Boulevard. We've discussed this matter with another group that had some
concern that this would, somehow, eliminate their request at Legion Park and
we, in no way, shape, or form want to say that nothing should be done at
Legion Park and we don't oppose it. What we would propose is that for the
time being, at least in the immediate future, since the building is available,
since we all wish to do the same that perhaps the Commission would be inclined
to have something in this building at NE 27th and the Boulevard, at least on a
temporary basis. The building is available free of charge and it will
accomplish the purpose that the chamber wants to accomplish and it will
accomplish the purpose that the neighbors and property owners, some of whom
are members of the chamber, and that is to eliminate crime in the area. We've
got a serious problem in that area with crack sales, specifically near that
corner.
Mrs. Kennedy: Mr. Mayor, one of the problems they have is that the building
has 8 stores and it's completely empty because of all the problems with drugs
in the area. They can't do anything.
Mr. Odio: I will repeat, I...
Mayor Suarez: 7 also know that that is an area that is affected incredibly by
halfway houses and facilities for people with all kinds of problems and the
more police presence, the better all around.
Mr. Odio: I just asked the Chief, we are not ready to make a recommendation.
I think we'd better get some of you to meet with the Police Chief and myself
and we can do this in an organized manner, not like this.
Mr. Diaz: If I may for a moment. It's my understanding, I haven't been to
any of the meetings with the police officers but the property owners, most of
whom are here, have been to several meetings with representatives from Chief
Dickson's office and they can tell you exactly who they've spoken with, when
they spoke with them.
Mr. Odio: That's why I need to meet with them and the Police Chief and see
what decision we have to make.
Mr. Diaz: And we wrote you - or they wrote you a letter on September 24, 1987
in which they detailed each and every single meeting with representatives
from...
Mayor Suarez: And there's nothing that says that we can't approve in
principle but he has got to work it out and make sure that is the ideal site.
Mr. Diaz: Correct.
Mayor Suarez: That it's got all the requirements and it really has to come
with the approval or recommendation of the Manager before we take final action
on it.
Mr. James Angleton: What we'd request...
Mrs. Kennedy; Why don't I move in principle pending the Manager's meeting
with the Chief of Police and then coming back to us with the recommendation,
and I so move.
158 . October 22, 1987
Mr. Plummer: Second.
Mr. Diaz: If you all would approve it in principle subject to any questions
that the Manager or the Police Chief might have, I think that all of us would
be more than happy.
Mr. Odio: I'm not going to do it now.
Mr. Angleton: Could I make a statement?
Mayor Suarez: Because you know, like even when I met with you, we initially
started talking about the general problems of the area and only towards the
end did we discuss the fact that an offer had been made by Mr.Stovich, right?
Mr. Diaz: Mr. Marino. Mr. Marino.
Mayor Suarez: Mr. Marino, to actually give us the location and the process
takes a little while and there are people in the area, I think, that have
competing locations but that doesn't necessarily mean that the Manager won't
recommend that we go ahead and implement this one, in fact I think the
Commission is about to go on record saying that we generally recommend this
location. Jim.
Mr. Angleton: Mr. Mayor and Commissioners, I'm Jim Angleton, the President of
the Chamber of Commerce on Biscayne Boulevard. In the event some of this
group is not aware we do have plans to build a station at Legion Park right on
Biscayne Boulevard. Now, we realize that you have a lot of problems in the
27th Street area and we sympathize with you and we support you, but we would
like to be a part of that process also. So we had a little meeting outside
and I think that we can get together on it. You know and work this thing out
together.
Mayor Suarez: And you know there's a proposal that Walter Pierce was talking
about a couple of minutes ago to even have a structure that would be donated
at least for six months by the gentleman that made a presentation a few
minutes ago for the Legion Park location of that.
Mr. Angleton: I didn't want to... I'm really not prepared to say this today
but it's... about the fees for the administration, the one in Legion Park.
INAUDIBLE COMMENTS.
Mr. Angleton: Well, the ...
Mayor Suarez: Right. I mean one thing doesn't necessarily detract from the
other, we're talking a difference of twenty-seven blocks or so.
Mr. Angleton: Yes. The station that we have in the northeast and, you know,
behind The Falls hasn't cost the City anything. We anticipate that the new
station on Biscayne Boulevard may not cost the City anything. We're concerned
about staffing at this time and we're concerned about other problems. As
you're aware, we requested foot patrols on Biscayne Boulevard, we requested
horse patrols and these are some of the things that we need. We don't need a
lot of buildings, you know, with offices setting in, we need them out. But we
support these people and we need some zoning - code enforcement, zoning, they
have a lot of problems in that area with code enforcement.
Mr. Diaz: Excuse me, Mr. Mayor, if I may, to shorten this...
Mayor Suarez: Yes, counselor.
Mr. Diaz: ... because I know there are a lot of other items. I think that
Commissioner Kennedy's suggestion and your suggestion that you approve this in
principle subject to the Manager's recommendation and the working out of the
details with the Chief of Police, is probably the best. We all want to see
Biscayne Boulevard, from 22nd Street to where ever, free of crime. We want to
get rid of the crack houses. We want to eliminate all of the other problems
and if we keep talking about it, we're never going to do anything. But if we
take a first step, then that will be a start in doing something about it.
Mayor Suarez: Very good.
159 October 22, 1907
(Applause)
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Angleton has been about the fourth person from different
areas in the City who constantly come before this Commission and request foot
patrols. And each time one of them come, it falls on deaf ears. Now the
citizens are constantly coming here; there's Mrs. Adker from Overtown, there's
been people here from Liberty City, there's been people here from Coconut
Grove, and now we have people from Biscayne who are saying they are desirous
of having a foot patrolman. And, for some reason we do not address the issue.
So, Mr. Manager, will you prepare for me with copies to the rest of the
Commissioners, a rationale for providing - or for not providing foot patrol so
that I can respond to the citizenry.
Mr. Angleton: Thank you, Mr. Dawkins. Mr. Dawkins, actually our request is
for foot patrols, bike patrols or horse patrols or a combination of all of
them.
Mr. Dawkins: Somebody even suggested the little scooters.
Mayor Suarez: Or roller skates like another City. Jim, this is their
presentation here, are you completed, counselor?
Mr. Diaz: Yes, sir.
Mayor Suarez: OK.
Mr. Diaz: I'm sorry.
Mr. Carlos Santa Maria: OK, my name is Carlos Santa Maria. I'm Vice
President of Credit Bank and we put a lot of effort, time, and money in the
area. We sympathize with every other project but...
Mayor Suarez: You're almost across the street. What's the address of the new
bank facility there?
Mr. Santa Maria: The new building. The address is 2800 Biscayne Boulevard
and we sympathize with any other project but this is our project that we have
been working for for a while. And we really appreciate if we have some kind
of...
Mayor Suarez: What percentage of your building is leased, do you know?
Because that's key to the development of that area how your building goes.
It's the first large building in that area.
Mr. Santa Maria: Yes. It's a very difficult to rent a building in that
quality in the beautiful Biscayne Boulevard that has been gone almost to the
pits now. There's a lot of people that believes in the area and keep working
and keep living there and don't abandon the area like these people and
investors like my bank does. And we, I'm not talking about money but lives
and our elderly people, etc. So this project should be already in the books
on the conversation with the authorities, I will really appreciate if we can
make a kind of prearranged approved by the Commission.
Mayor Suarez: I gather you're telling me that it is a small percentage only
leased in that building, is that what you're telling me?
Mr. Santa Maria: Yes, it is. It's a - I would say 30 percent.
Mayor Suarez: Yes, ma'am.
Ms. Pat Fairfield: My name is Pat Fairfield. I'm from Bay Realty on Biscayne
Boulevard and 23rd Street and we've been there since 074. Let me tell you,
It's very difficult to rent in that area because people will look, they will
see the type of people going up and down or parking themselves or throwing the
junk. I am absolutely positive that if we have more presence of police in
there, it will greatly alleviate the problems. It will also help in the
rental of the whole area. We know that it's building up to Omni. We know
that it's been taken care of north, 62 up to 81st. We're left in the middle
and if you can give us that assistance, it's going to clean up the whole area.
160 October 22, 1907
Mayor Suarez: We shall certainly try. Any further discussion? The
Commission? The applicant? Commissioner.
Mr. Carollo: Well, my position was when I introduced the motion for mini
stations was that anyone that wanted one, could have one as long as it would
be free and --------
(Applause)
Mr. Carollo: So, I would like to, at this point in time, make a motion that
this Commission approves this in principle and gives it to the administration
to work out the details and come back to us.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. I think the motion had already been made but,
whichever. Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-960
A MOTION BY THE CITY COMMISSION, ACCEPTING IN
PRINCIPLE PROPOSED MINI POLICE STATION FACILITY IN THE
AREA OF BISCAYNE BOULEVARD AND N.E. 27 STREET; FURTHER
INSTRUCTING THE CITY MANAGER TO MEET WITH THE CHIEF OF
POLICE AND COME BACK WITH A RECOMMENDATION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Chief, Chief, you've heard and a number of these people...
(Applause)
Mr. Plummer: A number of these people have said that it's short of open
warfare on 27th Street down to about 23rd Street. I think that it behooves
you to give assurances to this Commission that it will get your immediate
attention and I'd like to see a report back after a week, if you would, of
what has been done and what you've found and how you're going to address the
problem immediately. Thank you.
Mr. Diaz: Commissioner Plummer, in the Chief's defense, they have...
Mr. Plummer: No, I'm not criticizing.
Mr. Diaz: They have been very active. They have given a great deal of
assistance. We just think that we need more. Thank you very much.
Mayor Suarez: Thank you, counselor. All of you for all the work you've done
out there.
161 October 22, 1987
------------------------------------------------------------------ -- — ------
60. INSTRUCT CITY ATTORNEY TO OBTAIN LEGAL SERVICES OF PETER HURTGEN, ESQ.,
AS SPECIAL COUNSEL, FOR LAWSUIT FILED BY JOHN DEES AGAINST CITY OF MIAMI
AND AUTHORIZE EXPENDITURES NECESSARY FOR DEFENSE OF SAID LAWSUIT.
Mr. Carollo: Chief, before you go, I think there's another matter relating to
the Police Department that I would like to bring up now. Madam City Attorney.
Mrs. Dougherty: Yes, sir, Mr. Commissioner. As you may have read in the
paper, John Dees, a former officer of the City of Miami, has sued the City of
Miami because he was arrested in connection with the Michael Johnson case for
perjury. He has sued the City for a false arrest, false imprisonment, and
some federal actions as well. The state actions it appears that the statute
of limitations has run on those items. However, the federal claim will still
have to be tried. He's suing for compensatory as well as punitive damages,
not only against the City but the individual officers as well. Chief Clarence
Dickson has, on behalf of himself and the seven other officers, asked us to
retain Peter Hurtgen to represent the individual police officers in their
capacity and because they - primarily because they face individual liability
in the nature of the punitive damages. We're recommending and we have asked
Peter Hurtgen for a cap on his fees and he has said that he would represent
all the officers through the trial for a cap of $65,000 and we're recommending
it.
Mr. Carollo: I so move.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion?
Mr. Carollo: Chief, don't worry about it, you know there's some kind of
people that just have a habit of always suing or getting sued and being in
court. Don't worry about that.
Chief Dickson: Thank you very much.
Mayor Suarez: Any further discussion? Don't thank us until we vote. Call
the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-961
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO ENGAGE
THE SERVICES OF PETER HURTGEN, ESQUIRE, OF THE FIRM OF
MORGAN, LEWIS & BOCKIUS, AS SPECIAL COUNSEL, AT AN
HOURLY RATE OF $140, REGARDING A LAWSUIT FILED BY JOHN
DEES, FORMER POLICE OFFICER, AGAINST THE CITY OF
MIAMI, CLARENCE DICKSON, HERBERT BRESLOW, ROBERT
WARSHAW, WILLIAM FLEMING, ERNEST VIVIAN, RONALD
ILHARDT AND JOHN ROSS IN THE UNITED STATES DISTRICT
COURT, WITH FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED
$65,000 BEING ALLOCATED FROM SELF-INSURANCE AND
INSURANCE TRUST FUND; FURTHER AUTHORIZING EXPENDITURES
FOR NECESSARY COSTS AND EXPENSES IN CONNECTION WITH
THE DEFENSE OF SAID LAWSUIT.
(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:
162 October 22, 1987
s
i
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Chief Dickson: Thank you now.
61. APPROVE GRANT UP TO $25,000 TO HOME AND HOUSING OF DADE COUNTY, INC. FOR
FUNDING TO ASSIST THE NOT -FOR -PROFIT COMMUNITY DEVELOPMENT CORPORATION
IN MARKETING AN AFFORDABLE TOWNHOME PROJECT FOR LOW AND MODERATE INCOME
FAMILIES IN OVERTOWN.
Mayor Suarez: Item 114. Home and Housing of Dade, Inc.
Mr. Plummer: Has 114 been to the administration?
Mr. Reginald Burton: Yes, we have, Commissioner.
Mr. Plummer: You made it...
Mr. Odio: We're recommending this.
Mr. Plummer: You're recommending it?
Mr. Odio: Yes.
Mr. Plummer: In the amount of...
Mr. Odio: Subject to a definite advertising program with ascertainable cost.
Cost should be shared by Dade County on a matching basis. So we recommend the
plan provided that they give us a plan and that is... and that they get up
matching funds.
Mr. Plummer: As recommended by the administration, I recommend the grant with
a plan being submitted approved by the administration and the monies be
matched by Dade County. I so move.
Mayor Suarez: So moved.
Mr. Dawkins: The Manager recommended it?
Mr. Plummer: Yes.
Mrs. Kennedy: The Manager's recommending...
Mr. Odio: Subject to, Commissioner, that the plan is a definitive...
Mr. Plummer: The plan has to be approved by the administration, they have to
get a matching grant in the same amount from Dade County.
Mayor Suarez: Are we using any of our housing trust fund monies or anything
for this?
Mr. Odio: Yes, it would come out of the housing agency.
Mrs. Kennedy: Aren't these prices high for the area?
Mr. Burton: I'm sorry, Commissioner, but they do charge the came amount for
concrete and steel in Overtown as they do in any other area of Dade County.
We've attempted, our agency has attempted to subsidize the unit as much as is
humanly possible to bring the cost down to something that is affordable by the
community.
163 October 22, 1987
Mayor Suarez: Really, the reason she asked is that she's aware of the cost of
materials and all that but if the thing is not viable, it doesn't do any good
for us to put money into it because it doesn't sell and it's just a...
Mrs. Kennedy: Of course. What good is it for us, it's not going to sell?
Mr. Burton: We do have, also, the benefit of the County surtax second
mortgage which attempts to bring down the second, the...
Mr. Plummer: No, sir, he's parking it behind a doctor's office.
Mayor Suarez: Do you have it for this particular project?
Mr. Burton: Yes, we do have.
Ms. Gwendolyn Walker: Yes, we have.
Mayor Suarez: Have you been approved?
Mr. Burton: Yes, we have.
Ms. Walker: Yes, we have.
Mayor Suarez: Which year?
Ms. Walker: Current.
Mr. Burton: Now, the payments on those units, the two bedroom, would
approximate $355 a month with the second mortgage in place. The 3-bedroom
would be approximately three seventy-five.
Mayor Suarez: And titr.t works out to be - what it would be if the cost,
instead of being 55, 53 were like 40...
Mr. Burton: That's absolutely right.
Ms. Walker: Yes.
Mayor Suarez:... or 35 or something.
Mr. Burton: That's absolutely...
Ms. Walker: That's correct.
Mayor Suarez: You're able to bring it down by the surtax. OK, any further
discussion? Call the roll.
Mr. Foeman: I need a second, Mr. Mayor.
Mayor Suarez: I think we got one here. Didn't - wasn't it seconded? It was
seconded.
Mr. Dawkins: Second, let's go, move.
164 October 22, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-962
A RESOLUTION APPROVING A GRANT IN AN AMOUNT NOT TO
EXCEED $25,000 TO HOME AND HOUSING OF DADE COUNTY,
INC., FOR THE PURPOSE OF PROVIDING FUNDING TO ASSIST
THE NOT -FOR -PROFIT COMMUNITY DEVELOPMENT CORPORATION
IN THE MARKETING OF AN AFFORDABLE TOWNHOME PROJECT FOR
LOW AND MODERATE INCOME FAMILIES IN THE OVER TOWN
NEIGHBORHOOD; ALLOCATING FUNDS FROM PROJECT NUMBER
321024 "AFFORDABLE RENTAL HOUSING PROGRAM", SAID
ALLOCATION SUBJECT TO THE AFOREMENTIONED CORPORATION
OBTAINING MATCHING FUNDS FROM METROPOLITAN DADE
COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
AND ALL AGREEMENTS ON BEHALF OF THE CITY NECESSARY TO
EFFECTUATE THE PURPOSE OF THIS RESOLUTION.
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Burton: Thank you, sir.
62. ALLOCATE UP TO $2,500 TO COVER FEES AND EXPENSES FOR THE THIRD ANNUAL
COCONUT GROVE WAITERS RACE.
Mayor Suarez: Item 115.
Mr. Odio: They have talked to us and Mr. Steingold, Marshall Steingold... We
cannot recommend this at this time, we just don't have the funds for this...
Mr. Plummer (Off mike): How much are you asking for, Marshall?
Mr. Odio: $6,900.
Mr. Plummer: How much of that's in -kind?
Mr. Marshall Steingold: Mr. Mayor, Commissioners, I'd like to introduce you
to Margaret Keller, she's the assistant director of development for the Miami
Childrens' Foundation which operates Variety Childrens' Hospital. This is a
fund raising event for the Childrens' Hospital. It's a free event, it's a
free concert, it's sponsored by the City of Miami the past two years.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Marshall, we know who does it. We know who it benefits, we
know it's a worthy cause.
Mr. Steingold: This is the third year for the event that has been sponsored
for the past two years.,.
Mayor Suarez: By the City.
Mr. Steingold: ... and given in -kind services by the City of Miami.
165 October 22, 1907
Mayor Suarez: We've given all in -kind services?
Mr. Steingold: Yes.
Mr. Plummer: That was......
Mayor Suarez: What is the break down usually? How much is sanitation and can
be resolved by a bond?
Mr. Steingold: The sanitation cost and Walter Golby is here who gave me this
list, is only $450.
Mayor Suarez: How much is straight waiver of facilities?
Mr. Walter Golby: $300.
Mayor Suarez: Three hundred. And all the rest is police?
Mr. Steingold: No, our main cost is in police, $2000 and concession permits
of $1200.
Mayor Suarez: I'll entertain a motion on the concession permits and..
Mr. Plummer: You can't, according to him.
Mayor Suarez: No? Can't.
Mr. Golby: You cannot waive the concession permits nor beer permits.
Mr. Dawkins (Off mike): That's the fifth time he's told us that.
Mayor Suarez: You cannot waive the concession permits.
Mr. Dawkins (Off mike): That's the fifth time Mr. Golby's told us that.
Mayor Suarez: OK, on the sanitation, if you post the bond and what do you
want to do about police?
Mr. Plummer: What are you going to do, it's $2000, it's minimal.
Mayor Suarez: All right, I'll entertain a motion on that.
Mrs. Kennedy: Sure, I move it.
Mayor Suarez: OK, Commissioner.
Mr. Plummer: What are we moving?
Mrs. Kennedy: The police.
Mr. Plummer: No, no, you can't, who's going to pay the policemen?
Mrs. Kennedy: Well, we are that's what I'm doing.
Mr. Odio: (Off mike) They are dut;j police officers.
Mr. Plummer: Huh? Are you going to use on duty policemen?
Mr. Odio (Off mike): No, we can't... These are off duty police officers and
they have to be paid directly by them.
Mayor Suarez: How long does the Waiters' Race take?
Mr. Steingold: Two hours.
Mayor Suarez: And what are we saying for police?
Mr. Plummer: A $1,000 an hour.
Mayor Suarez: A $1,000 an hour?
Mrs. Kennedy: Two thousand...
166 October 22, 1987
Mr. Plummer: No, that's not true because they're there before.
Mayor Suarez: Couldn't we use on duty that day for a two hour race?
Mr. Odio: Well, if you set that precedent...
Mr. Plummer: No, no, you see, that's not the problem. Once you establish
that, then you've got to do it all the way through, that's the unfairness of
it.
Mr. Odio: Then now we have a Waiters' Race and next week we're going to have
a cocktail lounge girls and the...
Mr. Plummer: We got the...
Mayor Suarez: Well, it can't possibly be $2,000 for...
Mrs. Kennedy: OK, so...
Mr. Odio: I think we're having too many events now.
Mr. Plummer: Well, you got your Bed Race, you got all the rest of them.
Mr. Odio: Aeromexico...
Mr. Steingold: I agree with you, this is the third year for the event, it's
sponsored by the City, it's free to the public, Herbie Mann, the jazz group
has signed with us to play in the park.
Mr. Odio: What's wrong with the hotels? I thought the hotels in this area
need events and why don't they put up the money?
Mr. Plummer: Well, you know, let me tell you something. Why couldn't we
establish, because we're getting into this more every day, why couldn't we
establish somewhere over in the Dinner Key Auditorium area where they could
have this event and it wouldn't require all of this police and everything
involved?
Mr. Odio (Off mike): They don't want it. They want it over there.
Mr. Steingold: The police estimate is substantially higher than it was last
year. The police report after the event said that there were too many
policemen there, that they were recommending less police.
Mrs. Kennedy: How many did you have last year?
Mr. Steingold: I think we had six policemen last year.
Mrs. Kennedy: And what was the cost?
Mr. Odio: We'll talk to the Police Department so that they'll reduce the
number but you pay for them.
Mr. Steingold: Last year you gave us up to $4,500 which covered all the
expenses.
Mr. Odio: See, if we pay for them, it's time and a half. If you pay for
them, it's different.
Mr. Plummer: Yes, but you see the problem I got, Marshall, all right I'm
going to be honest with you. You're telling the public that you are doing all
of this for Variety Childrens' Hospital. You're not doing it, we are. You
know, you're saying it and we're paying the bills. Now, I got a problem with
that.
Mr. Steingold: You're not paying all the bills. There's approximately
$30,000 that's necessary to fund this event.
Mr. Plummer: OK.
167 October 22, 1987
Mr. Steingold: Approximately $4,500 of that comes from the City of Miami
which is one of our major sponsors. The other major sponsor is LOVE 94 radio
station that gives us $10,000 in radio time and a band, Coor's beer that gives
us $5,000. There are a lot of other people involved in producing this event.
l Mayor Suarez: How much is raised usually? How much was raised last year?
Mr. Steingold: Last year we raised the amount of money to cover the expenses
which, after selling food in the park, came to about $30,000 over the $25,000
that it cost, we donated $5,000 to the hospital.
Mr. Plummer: No, you didn't donate it.
Mr. Steingold: The committee.
Mr. Plummer: We donated it.
Mayor Suarez: It comes out that we did because that's what it cost us.
Mr. Steingold: OK.
Mr. Plummer: I'd rather give a straight donation and cut you out as a middle
man.
Mr. Dawkins (Off mike): It's better for us, J.L., just to give the Childrens'
Variety $4,000...
Mrs. Kennedy: But you know, in events like this where the City participates
with money, we should get some credit. I agree with Commissioner Plummer.
Mr. Steingold: The City gets credit. The City is our major sponsor, you're
listed on the radio station, on the program, we have a banner up there that
day. We invite all of you down there to be judges every year. I've seen some
of you down there, you enjoy it, it's a great event. This is the third year
for it.
Mr. Dawkins: I make a motion thet the City of Miami match whatever they raise
_ and contribute it directly to Childrens' Variety Hospital.
Mr. Plummer: What happens if they raise $50,000?
Mrs. Kennedy: Yes, what if they raise more than...
Mr. Dawkins: If they raise $50,000, they get a hundred. If they don't raise
but $50, they get $50.
Mr. Plummer: No, no, no, no, not with these hotels in the Grove, I ain't
going for that.
Mrs. Kennedy: That's like an open ended -----
Mr. Plummer: No way.
Mayor Suarez: They're liable to get excited about this. Propose a
compromise, please, so we can get on to the next...
Mr. Plummer: I'll move that we given them $4,500 for the event.
Mayor Suarez: $4,500?
Mr. Dawkins: No, we dropped the millage and we're going to keep providing the
same level of services, go right ahead. I love this.
Mayor Suarez: I thought we - substitute a bond for the sanitation...
Mr. Dawkins: I love this.
Mayor Suarez: ... and do something about police.
Mr. Plummer: I'll move that we give them a grant of $3,500. I'll move we
give a grant of $2,500.
168 October 22, 1907
r
Mrs. Kennedy: Second.
i
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Plummer: Do it in a hurry.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-963
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $2,500
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
TO COVER ALL OR PARTIAL CITY FEES AND EXPENSES
REQUIRED FOR THE 3RD ANNUAL GREAT COCONUT GROVE
WAITERS RACE TO BE HELD IN PEACOCK PARK ON NOVEMBER
22, 1987; SUBJECT TO AND CONTINGENT UPON COMPLIANCE
WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Steingold: Thank you.
NOTE FOR THE RECORD: Item 116, discussion of Coconut Grove vendor
ordinance, was temporarily deferred.
63. RATIFY ACTIONS OF COMMITTEE ON MEDIA ACCESS TO RADIO FREQUENCY, REFER
FINDINGS TO CITY MANAGER AND INSTRUCT CITY MANAGER TO HAVE CERTIFICATES
OF APPRECIATION PREPARED FOR SAID COMMITTEE MEMBERS.
Mr. Plummer: Mr. Mayor, you want a report on that 118?
Mayor Suarez: Yes.
Mr. Plummer: Mr. Mayor, as chairman of that committee, we did have many, many
meetings. We have worked out with both police and fire a solution for the
media having access into the public information portion. The Manager has
worked with the PIO's of both of those organizations. We have a system which
we presently think is working and working very well and it only included one
person being delegated the authority to handle that and that really at this
particular time is the report that all is doing well and the system which has
been devised through this committee is working. Chris, do you want to add
anything from the Fire Department? Who's here from the Police Department?
UNIDENTIFIED SPEAKER (Off mike): The Chief is here.
Mr. Plummer: The Chief didn't sit in on any of my meetings. Is there anyone
here from the media? Do you want to add anything to what I just said? I
don't remember any of you being at the meetings.
Mayor Suarez: Has anything been done to implement...
169 October 22, 1987
Mr. Plummer: You were at one of them, all right?
Mayor Suarez: ... any of the discussions or proposals up to now?
Mr. Plummer: Excuse me? No, Emory Putman was from the Police Department.
Mayor Suarez: Well, what has actually been done to...
Mr. Plummer: OK, well here's what's happened, Mr. Mayor that on the new 800
megahertz of the City is presently using in a trunking system, there are no
monitors made. The police, excuse me, the...
Mayor Suarez: There are no monitors.
Mr. Plummer: No monitors made that can accommodate to a trunking system. You
can make a monitor for 800 frequency but not trunking. Now, that completely
cut out the media from any access to any kind of frequency listening that they
had had the opportunity to do in the past. We came up with one channel which
we had which is called a conventional channel for which there are monitors
made and at any time we developed a list, Christy, of 12 or 14 - what was that
list, 14, that was to develop by the media, 14 items that the media were
interested in knowing about; a shooting, a police or fireman being hurt, an
arson case, I don't have the list in front of me but there were 14 items that
they were interested in having access to know about. We immediately go, at
any time, on to that access channel, the conventional channel, and we give out
an all points bulletin which the media has monitors for and they are then
able, if they need additional information, to call into either one of the PIO
offices and get their information. But by monitoring that one channel which
they do have monitors for, they are able to access what is going on. The
gentleman from channel 4 is not here nor is the gentleman from the Miami
Herald. They were both on the committee.
Mr. Steve Boyer: Yes, Gary Mehalik from channel 4 couldn't make it.
Mr. Plummer: OK, are you sitting in for him?
Mr. Boyer: Yes. No, no, I'm Steve Boyer, I'm the assignment manager at CIX,
channel 6.
Mr. Plummer: OK.
Mr. Boyer: We all talked very briefly on the phone today amongst ourselves
and I think pretty much the system is working, you know, as you envisioned it
would.
Mr. Plummer: Right.
Mr. Boyer: You know, I think we are getting the kinds of things we need to
get. There were just a couple of things I wanted to mention, ask, you know,
if you had given any more consideration to them at this point. Number one, I
don't think PIO's are staffing the offices around the clock, I don't think
they can because of the amount of...
Mr. Plummer: They were making arrangements for that through the bridge. Yes.
Mr. Boyer: Yes, that's true. They are allowing dispatchers, I guess, to do
what they're doing when off hours are in order.
Mr. Plummer: Right.
Mr. Boyer: I'm not sure how the Police Department is working though I know
from Christy Hickman that the Fire Department is doing that. I don't know if
there's anyone here from the Police Department that can...
Mr. Plummer: There was supposed to be, Mr. Manager agreed that there would be
someone designated from the bridge whenever there was not a PIO available that
the bridge would answer the questions. Next item.
Mr. Boyer: The only other thing I was wondering, is there any consideration
being given to allowing us to purchase non interactive radios or...
170 October 22, 1987
Mr. Plummer: No.
Mr. Boyer: That's a dead issue at this point.
Mr. Plummer: That was, well I think the Mayor was the one f rom the very
beginning who was emphatic about that. The only thing that they can use to
monitor is another walkie talkie and that we said no that it would not be
available because any kid playing with a computer could activate it and could
manipulate it so we said no.
Mr. Boyer.: I understand your concerns, I just thought we wanted to make the
formal request again anyway, so if you could just put that into the record
we'd appreciate it.
Mr. Plummer: Right. Thank you, sir.
Mr. Boyer: Thank you.
Mr. Plummer: Mr. Mayor, that concludes the work of that committee and unless
in the future at some time a problem does come up...
Mayor Suarez: You're disbanded.
Mr. Plummer: So be it. One less...
Mayor Suarez: Sorry about the pun.
Mr. Plummer: One less committee.
Mrs. Kennedy: I guess you have to have some kind of access so that...
Mr. Plummer: All right, I would ask at this time that the...
Mrs. Kennedy: Why are you interrupting me?
Mr. Plummer:... that the, huh?
Mrs. Kennedy: Why are you interrupting me?
Mayor Suarez: Would you have a little more courtesy with the Commissioner,
Mr. Vice Mayor.
Mrs. Kennedy: Let's start from scratch. No, I was just going to make a
comment that I think that it's a good idea to have the media for them to have
some access so when you have a major catastrophe, you don't have 40,000 people
calling from everywhere.
Mr. Plummer: I would ask at this time that the City Commission, I move that
we ratify the action of the committee and so send it to the Manager.
Mrs. Kennedy: I'll second.
Mayor Suarez: So moved. Seconded. And no compensation for the members of
the committee too.
Mr. Plummer: That's true, well, compensation no, but, Mr. Mayor, I would like
certificates of appreciation...
Mayor Suarez: You got it.
Mr. Plummer: ... because there were a lot of meetings on this and a lot of
hours put into it.
Mayor Suarez: You got it. Call the roll.
171 October 22, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-964
A MOTION RATIFYING THE ACTIONS OF THE COMMITTEE ON ACCESS
TO MEDIA RADIO FREQUENCY, AND REFERRING THE COMMITTEE'S
FINDINGS TO THE CITY MANAGER; FURTHER INSTRUCTING THE CITY
MANAGER TO HAVE CERTIFICATES OF APPRECIATION PREPARED FOR
THE MEMBERS OF THE AFOREMENTIONED COMMITTEE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Dawkins: Mr. Mayor, we were supposed to bring 76 back. Are we going to
bring it back?
IT., Mr. Plummer: The what?
Mr. Dawkins: Seventy-six.
Mr. Plummer: Trombones...
Mrs. Kennedy: Trombones... What is 76?
Mayor Suarez: That was the qualification of all contractors under the
minority program.
Mr. Plummer: She's got the language. Are we going to finish the rest of the
agenda?
Mayor Suarez: Yes. What's the story...
Mr. Dawkins: Yes, but I want to know about 76 before we start hollering,
let's adjourn.
64. DISCUSSION AND REFERRAL TO NEXT MEETING CONSIDERATION OF OVERDUE BILLS
FROM THE BLACK MAYOR'S CONFERENCE.
-------------------------------------------------------------------
Mayor Suarez: Let me just get on to 119. Manager, I think we can take care
of this, hopefully, quickly. What happened on the Black Mayors' Conference
that there's some overdue bills? I thought we made a pledge to them that we
would...
Mr. Odio: We gave them a $25,000 in -kind services grant.
Mayor Suarez: And said that we would cover anything up to a certain amount
and they're sitting there holding bills and this is the second year in a row
that we have that problem.
Mr. Odio: Well, this item was requested by you, Mr. Mayor. I have no other
information than that you said to place this item on the agenda. I have not
been informed of the...
Mayor Suarez: Wasn't it the...
Mr. Odio: We gave them $25,000 you gave them in in -kind services. Not in
cash.
172 October 22, 1987
Mayor Suarez: Is there anyone here to explain to us where we are with the
bills from the Black Mayors' Conference?
Mr. Plummer: Defer it to the next meeting.
Mr. Odio: See, let me tell you what happened, you gave them $25,000 in in -
kind services but all the expenses were real, out of pocket expenses, we
cannot pay for them because they are not in -kind services.
Mr. Dawkins: Where is it in the minutes that it was approved at $40,000?
Mr. Odio: Twenty...
Mr. Dawkins: Hold it, no, no, no, you keep quiet. I'm listening to the
Mayor. I'm listening... Well, you said it was...
Mr. Odio: I didn't say forty. Did I say forty? Oh, I'm sorry I...
UNIDENTIFIED SPEAKER (Off mike): ... initial request was for forty...
Mr. Dawkins: Oh, OK then, all right...
Mayor Suarez% Initial request was for forty.
Mr. Dawkins: OK.
Mayor Suarez: We approved up to twenty-five and we assumed that it would be
in -kind.
Mr. Plummer: In -kind. No, it wasn't an assumption, it was in -kind.
Mayor Suarez: In -kind rather. And how much was actually spent?
Mr. Odio: They did not use any in -kind services so they have an out of
pocket - I guess they don't have any money to pay for the bills and we cannot
pay them.
Mayor Suarez: Well, they're not here so take it up at the next meeting.
Never seems to go away.
65. EXECUTE AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT, INC. TO LOAN UP TO
$35,000 IN SUPPORT OF A HYDROFOIL WATERBUS PROGRAM.
Mayor Suarez: Item 120.
Mr. Odio: This is the submarine issue.
Mr. Plummer: Jacques Cousteau of Coconut Grove.
Mr. Sorg: Could we get Commissioner Carollo here?
Mr. Plummer: You could try.
Mr. Sorg: He's in his office.
Mr. Odio: The only one that...
Mr. Dawkins: Is there any way this can be deferred to the Waterfront Board
since this deals with water?
Mr. Plummer: Yes, thank you.
UNIDENTIFIED SPEAKER (Off mike): They've already approved it.
Mr. Dawkins: No, they haven't. No they haven't.
Mr. Plummer: The problem is, Dawkins, this thing isn't in the water.
Carollo.
173 October 22, 1987
Mayor Suarez: What's the discussion about this time, Stuart?
Mr. Sorg: We've got the agreement that the Commission directed the Manager to
come up with and it's here.
Mr. Odio: See, this is not the way to do business. This agreement has to be
presented by me, we have to review it and then recommend. I don't...
Mayor Suarez: I'll entertain a motion to that effect, to refer it to the
Manager.
Mr. Plummer: Wait a minute. I thought we approved $35,000.
Mr. Sorg: You did.
Mr. Odio: I don't know what he's talking about, I...
Mr. Plummer: What happened?
Mayor Suarez: We approved the loan...
Mr. Sorg: That's right, here's the resolution, the agreement, here's
everything.
Mrs. Kennedy: To be repaid in one year.
Mayor Suarez: Against my objection, I might add.
UNIDENTIFIED SPEAKER (Off mike): ...personal guarantee.
Mr. Plummer: What?
UNIDENTIFIED SPEAKER (Off mike): Personal guarantee.
Mr. Plummer: All he's got to do is sign his name to give the personal
guarantee.
Mr. Sorg: That's right.
Mrs. Kennedy: Yes, why is this coming back to us?
Mr. Sorg: The agreement's right here with the City.
Mr. Plummer: Have you signed the personal guarantee that you offered to do?
Mayor Suarez: Are you prepared to sign it?
Mr. Sorg: Absolutely, as soon as I get it.
Mrs. Kennedy: So why is this coming back to us, Stuart?
Mayor Suarez: I have no idea.
Mr. Sorg: This is the agreement they submitted to me, there's a resolution
attached to it. I called the Director of Finance to go over with it, I don't
know what to do.
Mr. Dawkins: This thing is... Hot dogt When is this going to hit the water?
Mr. Plummer: Are you ready for him to sign?
Mr. Dawkins: When is this getting near to the water? I mean, you're not
moving it near the water.
Mr. Sorg: It's sitting at Merrill -Stevens. We're ready to go.
Mr. Dawkins: Yes, but...
Mrs. Kennedy: Stuart, Stuart, when it's ready to go in the water, can we have
a christening?
174 October 22, 1987
Mr. Sorg: Absolutely, absolutely.
Mr. Odio: Don't waste champagne.
Mrs. Kennedy: I mean, this is a major thing...
Mr. Dawkins: I hope you got a good bilge pump.
Mayor Suarez: I don't think the Commission has to take any action.
Mrs. Kennedy: No.
Mr. Odio: He needs a resolution authorizing the City Manager to execute an
agreement in substantially the form attached. I don't know if you have copies
of this, it's item 120.
Mayor Suarez: I could have sworn that's what we approved last time.
Mr. Dawkins: That's what I thought.
Mr. Odio: The form attached with Miami Capital Development, Inc. providing
monies to said organization in an amount not to exceed $35,000.
Mayor Suarez: That's what I thought we did last time.
Mr. Plummer: That's exactly what we did.
Mr. Odio: But this should be... Doesn't it need any Commission action here
then.
Mrs. Dougherty: Miami Capital won't give it to him.
Mr. Odio: An amount not to exceed $35,000 for marina enterprise funds in
support of a hydrofoil water...
Mr. Dawkins: Yes, that's...I didn't want to take the money from the marina
fund and not from Miami Capital.
Mr. Odio: See, that's where...
Mr. Plummer: Stuart, would you sign the damn thing and pick up your check in
the morning.
Mr. Sorg: Yes, sir, I'd be glad to.
Mr. Plummer: Enough. I approve the resolution.
Mr. Odic, (Off mike): Do you want me to read it again?
Mr. Plummer: What? This is ridiculous. We passed this thing, what? What
date is on that?
Mr. Sorg: July the 15th.
Mr. Plummer: Huh?
Mr. Sorg: July the 15th.
Mayor Suarez: Is the idea now that the money has to come from the marina fund
as opposed to Miami Capital?
Mr. Odio: The marina funds cannot be used for this.
Mayor Suarez: So what are you asking us to approve then, something that
cannot be done?
Mr. Odio: Miami Capital has to give him the loan.
Mr. Dawkins: Miami Capital cannot give you the money.
Mr. Odio: Well then you can't use marina funds for this.
175 October 22, 1967
Mr. Dawkins: Miami Capital can't give the money, the marina can't give the
money. Now, where does that...
Mr. Odio: The marina funds are earmarked for marina improvements and
development and not for submarines.
Mayor Suarez: The saga of the hydrofoil.
Mr. Sorg: This agreement was prepared by the City, I don't...
Mr. Plummer: But, wait a minute, wait a minute, wait a minute. Is the marina
enterprise fund the only fund that we have out of $180,000,000?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: You cannot use the marina enterprise fund.
Mr. Plummer: Fine, well then what fund can we use?
Mr. Odio: Miami Capital have the money.
Mr. Plummer: No, we don't want Miami Capital. What fund can we use?
Mr. Odio: Sun Bank might have some money. We don't have any money.
Mr. Plummer: Boy, wait till you go swimming the next time.
Mr. Odio: I row.
Mr. Plummer: No, when you're out there rowing and you see this big damn thing
coming at you, you know what happened, baby.
Mr. Odio: This thing goes on...
Mr. Plummer: I'll make a motion that we approve this resolution and the City
Manager find it from whatever fund he can find it with a personal guarantee of
Mr. Sorg. So be it, amen, now let's get over with it.
-- Mayor Suarez: So moved.
Mr. Dawkins: I second it with a proviso that before we do anything, the City
Attorney has to OK that it's legal and binding.
Mayor Suarez: Second.
Mr. Plummer: No question.
Mr. Sorg: Excellent.
Mayor Suarez: Moved and seconded.
Mr. Plummer: All right.
Mrs. Kennedy: And the loan to be repaid in one year.
Mr. Plummer: Take it out of Cesar's petty cash.
Mr. Sorg: Agreed, agreed.
Mayor Suarez: Any further discussion? I don't have to restate my own
position on this.
Mr. Sorg: Could we put 30 days? We need to get going with the boat.
Mr. Plummer: How about three days?
Mr. Sorg: Wonderful.
Mr. Plummer: I mean, we've only been playing with this for three years.
Mr. Sorg: Six.
176 October 22, 1907
Mayor Suarez: Any further discussion? Call the roll.
Mr. Dawkins: I'm seconding it, but I'm voting no, I want you to know that.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-965
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH MIAMI
CAPITAL DEVELOPMENT, INC. (MCDI), PROVIDING MONIES TO SAID
ORGANIZATION IN AN AMOUNT NOT BE EXCEED $35,000 FROM
MARINA ENTERPRISE FUNDS IN SUPPORT OF A HYDROFOIL WATERBUS
PROGRAM WITH FUNDS THEREFOR ALLOCATED FROM MARINA
ENTERPRISE 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 Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
FOLLOWING COMMENTS MADE AFTER ROLL CALL:
Mr. Plummer: Hey, what happened?
Mr. Dawkins: Yes, no - 3, 2.
Mayor Suarez: Three, two. Go and sin no more and, hopefully, it will float
and maybe you'll pay us back, hopefully.
Mr. Dawkins: That will be the next artificial reef.
Mr. Sorg: Thank you.
------------------------------------------------------------------------------
66. A. APPOINT INDIVIDUALS TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD:
LUIS SABINES, MARIA ELENA TORANO, HERIBERTO FONSECA, AND WILLIE CALHOUN.
B. EXPAND MEMBERSHIP OF CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD*TO
18 MEMBERS.
C. APPOINT JERRY PARK TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD.
D. APPOINT PROSPERO HERRERA TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD.
Mayor Suarez: One twenty-one, Community Development Advisory Board
appointments.
Mr. Plummer: Mr. Mayor, I make my appointment to that board as Mr. Jerry
Park.
Mrs. Kennedy: Is this a new appointment you're doing?
Mr. Plummer: Huh?
Mrs. Kennedy: Luis Sabines is stepping out.
Mr. Plummer: Oh, is that mine? Oh, wait a minute. Hold on, hold on.
177
October 22, 1987
•
Mrs. Kennedy: Yes.
Mr. Plummer (Off and on mike): Now Jim, Jim, Jim come here. Jim, I've got a
problem, these are the ones.... Mr. Mayor, I have to go along, I did not know
that these were reappointments, I thought they were new appointments. I will
very definitely stick with my appointment of Mr. Luis Sabines who has served
well.
Mayor Suarez: Who are some of the other people whose terms expire?
Mrs. Kennedy: I will continue my appointment, Maria Elena Torano.
Mr. Odio: Yes, and you have - Mayor Suarez you have Heriberto Fonseca as your
appointment, I think. And Commissioner Carollo has - Commissioner Carollo.
Mayor Suarez: Yes, I'll stay with the same appointment, I'll renominate him.
Anyone else?
Mr. Dawkins: Joe. Are you going to renominate your appointee here?
Mr. Odio: Commissioner Carollo's appointment was Cari DeLeon.
Mrs. Kennedy: Campaign manager for Victor DeYurre.
Mr. Carollo: This is the fun part about being in politics, you find how many
grateful people there are all the time. Yes, I remember a guy that used to be
wanting to be a Commissioner and then he wanted to be Mayor, you know, that I
appointed to all kinds of committees and then look what he says about me now.
I'm going to be making another appointment that I'll be bringing back today.
Mayor Suarez: He said, be careful with your next appointment because he might
take your seat on the Commission. Be careful with yours too right?
Mrs. Dawkins: No, I nominate Art Teele, he can have my seat.
Mayor Suarez: OK, we have a motion and a second on the existing appointments
and reserve the others.
Mr. Dawkins: I stick with my appointment.
Mayor Suarez: OK. We have four out of five nominated. Any further
discussion?
Mr. Dawkins: Unless that individual should tell me he no longer wants to
serve, then I would come up with another one.
Mayor Suarez: OK. Call the roll on those.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-966
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO THE
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD: LUIS
SABINES (NOMINATED BY VICE MAYOR PLUMMER); MARIA ELENA
TORANO (NOMINATED BY COMMISSIONER KENNEDY); HERIBERTO
FONSECA (NOMINATED BY MAYOR SUAREZ); WILLIE CALHOUN
(NOMINATED BY COMMISSIONER DAWKINS). (NOTE:
COMMISSIONER CAROLLO INDICATED THAT HE WOULD SUBMIT
HIS NOMINATION AT A LATER DATE.)
Upon being seconded by Commissioner Kennedy, the motion was passed and
adop;.ed by the following vote-
178 October 22, 1987
_r
i
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Frank Castaneda: Commissioner, as to...
Mr. Plummer: Wait a minute, let me ask you a question. Is there a
possibility on that board that we could expand it?
Mr. Carollo: Did the Mayor, excuse me, Miller, did the Mayor renominate him?
Mr. Dawkins: Yes.
Mr. Carollo: Huh?
Mr. Plummer: Can we expand that board?
Mr. Castaneda: Yes, for that matter, the reason that I came here basically
was to hear your advice as to...
Mr. Plummer: My advice is we expand it to ten giving everybody two
appointments on that board and I so move at this time.
Mr. Carollo: Second, I got no problem.
Mr. Plummer: Just double the size of the board, make it ten members...
Mr. Carollo: Yes, if you want to make it 15 you know...
Mr. Castaneda: Well, Commissioners, let me just clarify that right now we
have 13 members.
Mr. Plummer: Right.
Mr. Castaneda: So now we would have 18 members.
Mr. Plummer: That is correct.
Mr. Castaneda: OK.
Mr. Plummer: I move that that board be expanded to 18.
Mr. Carollo: That's a good basketball number, 18.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-967
A MOTION EXPANDING THE MEMBERSHIP OF THE CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD TO 18 MEMBERS,
MAINTAINING EIGHT REPRESENTATIVES FROM EACH OF THE
COMMUNITY DEVELOPMENT TARGET AREAS AND PROVIDING FOR
FIVE ADDITIONAL MEMBERS TO BE APPOINTED BY THE CITY
COMMISSION, ALLOWING EACH COMMISSIONER TO HAVE TWO
NOMINATIONS TO THE BOARD.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote-
179 October 22, 1987
0 0
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: My second appointment to that board is Mr. Jerry Park.
Mayor Suarez: So moved.
Mrs. Kennedy: I will have my second appointment later on today.
Mayor Suarez: Ditto for me.
Mr. Castaneda: Commissioners, as to the representative from the target areas,
shall we proceed to have nominations from the target areas to present here to
the City Commission?
Mr. Plummer: Well, let me tell you, Mr. Jerry Park is representing the
northeast and there's not a member on that board representing the northeast
and that's why I appoint him.
Mr. Dawkins: Wait a minute, the five member addition, is that another
appointment for each Commissioner or is that saying that the community will
elect the other five?
Mr. Plummer: My intent was that the Commission would have two appointments
each.
Mr. Dawkins: OK, so that leaves the community as is.
Mr. Plummer: Yes.
Mr. Castaneda: The community as is so I will get nominations from the -
communities and bring them back here for your ratification.
Mr. Plummer: As far as the community representation, yes. You'll notify Mr.
Park?
Mr. Castaneda: Yes, sir.
Mr. Plummer: And you'll notify Mr. Sabines that he's been reappointed.
Mayor Suarez: OK, on that one nomination, we'll take a vote. I have a motion
and a second on it?
Mrs. Kennedy: Um humm.
Mr. Dawkins: Second.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-968
A MOTION APPOINTING JERRY PARK TO THE CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD. (NOTE: MR. PARK
WAS NOMINATED BY VICE MAYOR PLUMMER.)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote-
180 October 22, 1987
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Discussion concerning item 122. We have the Honorary Consul
here?
Mr. Dawkins: You're from the northeast, aren't you? You're from northeast.
All right, what's your name?
INAUDIBLE COMMENTS.
Mr. Dawkins: Herrera, I appoint Herrera.
Mayor Suarez: So moved. Good appointment. Young and eager.
Mr. Dawkins: That's right, young blood.
Mrs. Kennedy: Talking about politics, we ran in the same race. Yes.
Mayor Suarez: That's a nice way to phrase it.
Mrs. Kennedy: He's a good, yes he's a good...
Mayor Suarez: Do you second it? Does that mean you second it?
Mrs. Kennedy: Sure, I like him.
Mayor Suarez: Call the roll on Prospero's appointment.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-969
A MOTION APPOINTING PROSPERO HERRERA TO THE CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD. (NOTE: MR.
HERRERA WAS NOMINATED BY COMMISSIONER DAWKINS.)
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
- Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. Plummer: You realize that there is a provision you can't run for City
office for 20 years. I vote yes.
Mr. Dawkins: You can run against me. You can run against me if you got $100,
it ain't no problem.
181 October 22, 1987
0 10
67. ACCEPT FRIENDSHIP AGREEMENT BETWEEN THE CITIES OF LISBON, PORTUGAL AND
MIAMI, FLORIDA.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Consul.
Mr. Joseph Theriaga: Yes, my name is Joseph Theriaga. I'm the honorary
consul for Portugal ... and the purpose of my presence over here today is to
submit to the council a proposal for a friendship agreement between the cities
of Lisbon and Miami. I have distributed, I believe, among all of you, the
text of this friendship agreement. I do not know if you wish me to read it or
if you're satisfied with its context.
Mr. Plummer: Oh, yes I did, I had it here somewhere.
Mrs. Kennedy: Are we talking about a Sister City?
Mr. Plummer: No.
Mrs. Kennedy: Oh.
Mr. Theriaga: No, ma'am, we are talking about a friendship agreement at this
time. This is the first Portuguese event in Miami. It's going to be a
combination of a cultural...
Mr. Plummer: This is to do with the World Trade Center.
Mr. Theriaga: That's correct.
Mr. Plummer: I move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Plummer: And would the City of Miami please pay their dues to the World
Trade Center, Mr. Bailey.
INAUDIBLE COMMENTS.
Mr. Plummer: Yes, yes, I'm tired of being embarrassed when I go down there
and get thrown out.
INAUDIBLE COMMENTS.
Mr. Plummer: Who are you?
Mr. Theriaga: Mr. Mayor, could I possibly ask you, would it be possible for
you to sign these agreements today since - no, these are the originals, may I?
Mayor Suarez: Oh. Once it's signed as an original, it's an original, Mr.
Consul but I'll sign whatever you want. Let's call the roll on it just in
case.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-970
A MOTION OF THE CITY COMMISSION ACCEPTING A FRIENDSHIP
AGREEMENT BETWEEN THE CITIES OF LISBON, PORTUGAL AND
MIAMI, FLORIDA.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote-
182 October 22, 1987
0 0
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Suarez: It's been represented to me that all the translations reflect
the same text as the English.
Mr. Plummer: Would you sign them in Spanish, please.
Mayor Suarez: It is interesting, I guess you know this, one of the highest
ranking Congressmen is a Portuguese American, Tony Coelha and he's the
majority whip in the House of Representatives so by virtue of this agreement,
I'm sure we can get a little more support in the U. S. Congress. I had
occasion to meet him recently and he's well on his way to being maybe the next
Speaker of the House. OK, I'll sign this. Mr. Consul, thank you for being
here, sir. We look forward to all of those activities and...
68. DISCUSSION OF IMPROVEMENTS TO ALICE WAINWRIGHT PARK.
Mayor Suarez: One twenty-three, the improvements to Wainwright Park. Is
Sheri...
Mr. Plummer: Is the lady present?
Mayor Suarez: I don't think she's here. The Downtown Development Authority
basically has said that the no way unanimously on funding part of this money.
But she's not here so why give her the bad news at this point.
Mr. Plummer: Well, why did they say that?
Mayor Suarez: Peter.
Mr. Peter Andolina: Peter Andolina, deputy director, Downtown Development
Authority, 3220 Ah-we-wa Street.
Mayor Suarez: I think .it was Vice Mayor, when he was not Vice Mayor, that had
some problems with the idea of DDA monies being used for - explain.
Mr. Andolina: OK. At the September board meeting, Mrs. Rosenthal appeared
before the board and made her presentation. After the presentation, there was
not a quorum so we could not pass a formal resolution but the majority of the
board members felt that it was not only inappropriate but possibly illegal for
us to be funding capital improvements outside the downtown district,
especially the distance is approximately a mile from the district. They
instead instructed staff to work with Mrs. Rosenthal to try to organize the
neighborhood to find out exactly what their needs are and how we can help them
to satisfy those needs. The DDA staff put together 4,000 letters that were
distributed to all of the condominium units in the Brickell area. A meeting
was called for October 1st, eight people showed up for the meeting. Four of
them were there in error thinking it was a meeting on another topic so it was
_ apparent to us that there was no real support for Mrs. Rosenthal's position.
So what we've offered to assist her in any other way and trying to organize
the residential area but...
Mrs. Kennedy: But you see, what really bothers me is that my office has been
working with her for ages. I think this is a great thing, I'm going to vote
for it. We've been very supportive, but there is a process which is what I
tried to explain to her the last time. We have a Parks Committee, they need
to hear every recommendation and then she tries to bypass the project by going
the other way.
Mr. Plummer: Yes, but I think something more important has been said. If you
send out 4,000 letters and only four people were there in attendance, there's
not that much interest...
183 October 22, 1987
Mrs. Kennedy: Right.
Mr. Plummer: ... other than by her. Now, I'm not saying that derogatory
because that woman has unlimited energy. But if the people of that area are
not interested, I have to say that that's the name of the game that unless...
Mayor Suarez: Peter and let me make one other observation here that John
Gilchrist was just telling me about that legislation that allows up to - a
district to be created if the residents so require it or so desire it rather
and to tax themselves up to two mills. This area has not done that and if she
wants to try that approach, maybe John can give you that information on that
legislation and get it back to Sheri since she's not here today.
Mr. Dawkins: My only concern is when you guys want us to include an area for
you to tax, you come down here and you sell us on it and we do it, OK? Now,
1 the big developers came down here got us to pass legislation that permitted
them to put all of these condominiums on Brickell Avenue and did not put any
place at all for youngsters to play. Now that's not the people's fault who
bought the condominiums. It's the elected officials who allowed it. So now,
_j you've got individuals purchasing condominiums on Brickell Avenue who have
children. These children have no place to play so some kind of a way,
somebody has to address this issue and the City of Miami does not have money
with which to build a park and as the Mayor suggested, if the taxing district
can be moved to include those individuals who want the park and they want to
be taxed to pay for it, I don't see no reason why we can't do it unless
somebody can tell me it's illegal.
Mr. Andolina: The special district that the Mayor was referring to is
something that was approved by the State Legislature this year, it's a crime
prevention district that could be created if the residents of the residential
neighborhood vote to tax themselves up to two mills and that district would
last for two years and then have to be reaffirmed every two years.
Mr. Dawkins: You say it's a what kind of district?
Mr. Andolina: I think it's called a crime prevention district.
Mr. Dawkins: Well, what's more crime preventive than to provide constructive
playground and activities for youngsters so they don't go into crime? What's
more crime preventive than that?
Mr. Andolina: I agree with you completely.
Mayor Suarez: But that area would have to agree to tax itself under that
legislation.
Mr. Andolina: It would be subject to a referendum, yes.
Mayor Suarez: I think...
Mr. Dawkins: Mr. Jason wants to say something.
Mayor Suarez: Doran.
Mr. Doran Jason: I would have to say that I agree with you, Commissioner
Dawkins.
Mayor Suarez: Give us your name and address, please.
Mr. Jason: Doran Jason, 799 Brickell Plaza, Suite 600. I agree with you. If
that area was within the district and paying taxes within the district, then
we should fully go ahead and look at the possibility of funding it. There are
other parks within the district that need help too. The Brickell Park needs a
lot of help, Southside Park needs a lot of help. If we're going to spend
funds on parks, let's do it within the district that's paying the taxes to do
it with. If they can do it some other way down there, that's fine. If we can
help them do it somehow, we'd be happy to do that.
Mayor Suarez: The DDA staff can certainly help them to get their act together
and get their own special district, or whatever you call, law enforcement
district.
184 October 22, 1987
Mr. Dawkins: That's all.
Mayor Suarez: And it wouldn't be that much of a mill taxation for $75,000.
Mr. Dawkins: And all we're saying is that Miss, what's the lady's name?
Mayor Suarez: Rosenthal.
Mr. Dawkins: Miss Rosenthal is a housewife, she does not have staff like we
do so let's provide her with whatever supportive services she need
and --------- get the job done, that's all.
Mayor Suarez: And make sure that's on the agenda for the next DDA meeting
that we provide her with supportive services to establish that district if the
residents want it.
Mr. Andolina: That's been done. I mean we've been doing that or the DDA has
been doing that and will continue to do it. It's just the press of...
Mayor Suarez: Well, with this idea of doing it by the law enforcement
district just came up and that's what I'm saying. OK, thank you Doran and
thank you, Peter.
Mr. Dawkins: And that may not work but let's try it.
69. RESCHEDULE SECOND REGULAR CITY COMMISSION MEETING IN NOVEMBER (TO
NOVEMBER 12, 1987) AND SECOND REGULAR CITY COMMISSION MEETING IN
DECEMBER (TO DECEMBER 11, 1987).
Mayor Suarez: By the way, the meetings of November 12th and December 10th,
let the record reflect the regular agendas will begin at nine and Planning and
Zoning at 4:30 p.m. We don't need a vote on that, do we? You would
appreciate a vote on it?
Mr. Foeman: Yes, please.
Mayor Suarez: I'll entertain a motion in this...
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-971
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION !MEETING IN NOVEMBER 1987 TO COMMENCE AT 4:30
P.M. ON NOVEMBER 12, 1987 AND RESCHEDULING THE SECOND
REGULAR CITY COMMISSION MEETING IN DECEMBER 1987 TO
COMMENCE AT 4:30 P.M. ON DECEMBER 10, 1987.
(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-
185 October 22, 1987
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
COMMENTS DURING ROLL CALL:
Mr. Plummer: What's the item?
Mayor Suarez: That was just on specifying the times for the November and
December meetings because they wanted a specific time to publish.
70. APPROVE CENTRUST SAVINGS BANK'S MOTION TO STAY ENFORCEMENT PROCEEDINGS
UNTIL FINAL RESOLUTION OF APPEAL WHICH IS PENDING IN THE JUDICIAL
I SYSTEM.
i------------------------------------------------------------------------------
Mayor Suarez: Item 124.
Stanley Price, Esq.: May I? Mr...
Mayor Suarez: Counselor.
Mr. Prices Mr. Mayor, members of the Commission, my name is Stanley Price.
I'm a partner of the law firm of Fine, Jacobson, Schwartz, Nash, Block &
Englund, 1 CenTrust Financial Center. Mr. Mayor, members of the Commission, I
am here as somewhat an unusual situation for this Commission. I'm here
pursuant to a motion under the Florida rules of appellate procedure, rule
9.130 which permits someone who is aggrieved by a zoning decision of this
Commission to file a motion with this Commission and, unlike most of the
matters you deal with, this is not a public hearing. It's pursuant to the
Florida rules of appellate procedure. I am respectfully requesting this body
as a lower tribunal to grant us a stay of your denial of our right to
construct signs on the building which is owned by City National Bank as
trustee. I might add, there are only two parties to this proceeding and only
two parties have the right to be heard on this proceeding. That is the
appellant and the appellee. Right now, the appellant in this cause is
CenTrust Savings Bank, the appellee, and the only appellee, is the City of
Miami.
Mayor Suarez: And that's all in accordance with what, the rules of
proceeding?
Mr. Price: Florida Rule of Appellate Procedure and in order of the court, the
Circuit Court, Appellate Division. We are the...
Mayor Suarez: Madam City Attorney, do those bind us? Does the Florida Rules
of Appellate Procedure bind us in this case?
Mrs. Dougherty (Off mike): Yes, air.
Mayor Suarez: I'm sorry, go ahead.
Mr. Price: All right. Mr. Mayor, we have requested that this Commission
grant us the opportunity to avail ourselves of our appellate rights and that
is to proceed in the Circuit Court to challenge the correctness of your
decision. I would like to respectfully point out that the signs are on the
building based upon a permit issued by the City of Miami. Subsequent to that
permit, we were informed even though we respectfully disagree that if we had a
resident agent in the building, that would suffice. We supplied the City with
a resident agent over the advice of your counsel - against the advice of your
counsel and zoning administrator, you determined that that was not sufficient.
Since that time, Mr. Mayor, we have obtains¢ from two lessees within the
building subleases. Under the master lease agreement with the landlord, all
the subleases must be submitted to the landlord for his approval in writing.
106 October 22, 1987
Said approval shall not be unreasonably withheld. Two leases have been
submitted and, Mr. Mayor, we have supplied your Clerk and your City Attorney
with a documentation that what I'm representing to you is, in fact, accurate.
Both of these sub -leases have been rejected. No reason given for the
rejection of those subleases. We feel that we have gone every step even
though we do not believe we have to under your code of ordinances to proceed
in this manner. And, Mr. Mayor, I say most respectfully that we have
consulted with your City Attorney. I believe that the City Attorney has a
recommendation for you today and if I may ask for you to ask for that
recommendation.
Mrs. Dougherty: Mr. Mayor and members of the Commission, by way of
clarification, just for a second, the Mayor asked whether or not the Rules of
Appellate Procedure must be followed with this procedure and in the truth is,
it must. However, what I mean by that is that the stay proceedings - or the
appellant must request the stay at this body before it goes to the Circuit
Court to ask for a stay. However, whether or not the other side may speak is
really going to be entirely up to you. You're not bound by that and, in fact,
they are permitted to file an amicus brief so...
Kevin Orr, Esq.: If I may briefly respond, Kevin Orr, 150 West Flagler. I'm
associated with the law firm of Stearns, Weaver, Miller. I appreciate the
City Attorney's distinction between what Mr. Price said, that is exactly
accurate. The 9.301 Rules of Appellate Procedure do bind the Commission as
far as its consideration of the stay but with regard to the concept of us
being up here to appear and present ourselves, that is not bound by the Rules
of Appellate Procedure and she's exactly right in saying that you have the
opportunity to hear us and hear us present our position. Significantly, what
Mr. Price has said to one extent is correct. This is an unusual situation. I
also note in the City Attorney's memorandum to the Commission, they note that
this is also not often used to stay procedure and we're quite frankly
confounded as to why we're here.
Mayor Suarez: Well, it's the first time for us, I think.
Mr. Price: That's what the rules provide, Mr. Mayor, and let me just formally
object...
Mr. Orr: If I may, Mr. Mayor... If I may, Mr. Mayor...
Mayor Suarez: I'm sorry, I'm sorry I interrupted. Go ahead, go ahead...
Mr. Dawkins: Hey wait a minute, wait a minute, let him finish, don't cut him,
finish, sir.
Mr. Orr: Thank you very much, Mr. Dawkins. It is an unusual situation and
this is why. We've now been here three times. We won in the Planning and
Zoning Board hearing which overturned the ruling of the zoning administrator
saying that CenTrust had not complied with your ordinance 9500, 2025.15. They
then appealed. We won at the City Commission in July 23rd saying again they
weren't in compliance, CenTrust did not comply. That should have ended the
matter for all practical purposes if the normal course of events had taken
course, it probably would have. Because as your City Attorney says in her
memorandum, that is usually end of the matter. There are, however, two other
decision makers awaiting your decision on this particular issue. OK, so
CenTrust appeals again July 27th and files a motion for a stay before this
Commission. And our position, quite frankly, is why in the world would the
City Commission allow CenTrust to continue violating the ordinance? What are
they asking for is stay, the decision has been made regarding they're in
violation and we're here now on an old issue. That issue has been decided.
That's not before the Commission. What they're asking for now is a stay to
permit them to continue violating the zoning ordinance. The illogical
position is apparent. The intellectual dishonesty in that position is
apparent. It simply can't continue - nothing personal, Mr. Price.
Mrs. Kennedy: In fact, it was a unanimous decision.
Mr. Price: Mr. Mayor...
Mr. Orr: It was a unanimous decision, Commissioner Kennedy, precisely.
Mayor Suarez: OK, Stanley.
107 October 22, 1987
1]
V
Mr. Price: Mr. Mayor, if I'm being intellectually dishonest, I think your
City Attorney is going to advise you that she believes our position has merit
and I will tell you that I...
Mayor Suarez: She's constantly intellectually dishonest.
Mr. Price: All right.
Mr. Orr: By the frame, intellectual dishonesty, I didn't mean anything
personal.
Mr. Price: Mr. Orr, I did not interrupt you and I did not take it as a
personal affront.
Mr. Orr: I didn't mean personal, OK, OK.
Mr. Price: I'm suggesting, Mr. Mayor, that under the rules that are available
to us, the only place that I can file this motion is before this body which is
defined under the Florida Rules of Appellate Procedure as a lower tribunal. I
cannot go to Circuit Court and ask them for a stay, I must come here and I
think your City Attorney will advise you that I...
Mayor Suarez: What happens if we deny your motion to stay at this body -
before this body, do you then have the opportunity...
Mr. Price: We have the right to take a appeal of that decision to the Circuit
Court but I believe, Mr. Mayor, and most respectfully, I think your City
Attorney will advise you there is some liability on behalf of the City if they
take that action and I most respectfully...
Mayor Suarez: And, if we turn out to be wrong.
Mr. Price: That is correct.
Mayor Suarez: OK, let's hear from her then.
Mr. Carollo: I believe in our City Attorney so, Madam City Attorney, what do
you recommend?
Mr. Dawkins: Before that, may I...
Mrs. Dougherty: Mr. Mayor and Commissioners.
Mr. Dawkins: May I say something before you get...
Mrs. Dougherty: Yes, sir.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: You know, I have to agree that in my opinion CenTrust is taking
advantage of the system. That's my personal opinion, OK? Nov, as long as you
appeal, appeal, appeal, the sign stays up. So if eventually you have to take
the sign down, it has been up there as long as you could keep it up there. So
now you say that there is some legal redress if we are wrong.
Mr. Orr: Precisely.
Mr. Dawkins: Madam City Attorney, what kind of a fine or what kind of a
penalty can we make them pay if we are correct? Now, after you answer
Commissioner Carollo's statement.
Mrs. Dougherty: Yes, sir, Mr. Mayor and Commissioners, we're recommending
that you do approve the stay pending the time of this appeal. The reason
being is if CenTrust wins, they have then gone through the cost of taking the
sign down and then putting it back up. There's a possibility the City might
be liable for those sorts of costs. On the other hand, right now if you leave
It the way it is, there's a status quo and in the event that the Now World
Tower wins, the sign comes down.
Mr. Orr: May I briefly respond to that position, Commissioners? That might,
in fact, be the point but I'd like to bring up one point and this is the
ISO October 22, 1987
position we've always taken. While that sign is up there, we cannot lease the
penthouse which is prime leasable property for that building. I.R.E. is
incurring damages also continually while that sign stays up there.
Mayor Suarez: Everybody is incurring damages. Let me ask a question then,
couldn't we, if we denied the motion for stay, doesn't he run over to Circuit
Court and then we, in effect, punt and let them decide?
Mr. Price: That is a possibility, Mr. Mayor, but I would respectfully...
Mayor Suarez: And I'm sure you would do that very quickly, wouldn't you?
Mr. Price: I would, but I respectfully ask if that is the position of the
Commission that you give us 14 days before you take enforcement action.
Mr. Dawkins: No, no. We've already given you 30 days. This is like the
fifth time you've been here.
Mr. Orr: ---- this is.
Mrs. Dougherty: (Off mike) Hey, J.L., get them to indemnify us against them.
Mr. Price: Commissioner Dawk...
Mr. Carollo: I will make a motion that we approve the motion to stay.
Mayor Suarez: So moved.
Mr. Carollo: As the City Attorney recommended, very competent City Attorney.
Mr. Plummer: Well, I'll second the motion and under discussion, you know the
sign is there and it's not hurting anybody physically and it's not a safety
problem and in my estimation, we've always stayed a final approval until they
have had their day in court and they've filed and appealed and as far as I'm
concerned, this is the last time as far as I'm concerned. When you go to the
appellate court, whatever that ruling is, that's what you're going to abide by
as far as I'm concerned.
Mr. Orr: Respectfully, Mr. Vice Mayor, if I may, briefly.
Mr. Plummer: Sure.
Mr. Orr: As noted in your memorandum from the City Attorney, both the courts
are waiting for the City Commission to make a decision and I strongly suspect
that the decision that you make will, in effect, decide the issue. In other
words, if you deny their motion for stay, that's it. The Commission which
overrules the ordinances, decides it.
Mr. Plummer: Well, let me correct you because I think you're also aware of
how I voted before.
Mr. Orr: I understand.
Mr. Plummer: And I voted that the sign comes down. And I think that in the
future, without any question, I would vote the same way, OK? But I'm still
saying they are entitled, under my estimation, to their day in court.
Mr. Orr: They've had that day several times, sir.
Mr. Plummer: And they have one other further appeal.
Mr. Orr: Yes, sir.
Mr. Plummer: If you don't believe it, ask Bundy. He has played it to the
hilt.
Mr. Orr: I believe it.
Mayor Suarez: Stanley, you said if we were disposed to deny your motion of
stay but also stay enforcement for a period of time to allow you to get to the
other court, that would also be acceptable to you?
189 October 22, 1987
Mr. Price: Well, it would be the lesser of the evils, yes, sir.
Mayor Suarez: And how much time would you need just in case this Commission
would contemplate that?
Mr. Price: I think 14 days would be...
Mayor Suarez: Fourteen days)
Mr. Price: Yes, sir.
Mayor Suarez: How about 14 hours?
Mr. Plummer: He's a busy boy.
Mr. Price: Mr. Mayor, we'd have to type up this transcript, produce the
record to the court and its availability of the judge to give us an emergency
hearing date.
Mr. Orr: Mr. Mayor, perhaps I can address this issue. We have been in
contact with the judge's office today. The judge has told us that he is
willing to hear us after 2:00 p.m. tomorrow.
Mayor Suarez: I don't - I'm not sure how I would vote if the Commission
didn't want to go with that rule but I would certainly think that - Judge
Newman wrote us a letter today saying that he wanted our decision to be made
as quickly as possible and conveyed back to him. I'd have no problem with a
24 hour stay of proceedings and let him decide whether there should be a stay
of all enforcement. It's up to the Commission.
Mr. Plummer: I'll be abiding by whatever the City Attorney recommends. Tell
me what I recommend.
Mrs. Dougherty: To approve the stay.
Mr. Plummer: That's the way I'm voting. This is a legal matter.
Mr. Orr: May I ask, for clarification purposes, we're talking now about 24
hours?
Mr. Carollo: Can we get some guidance from the attorney at South Miami?
Mr. Odio: The City Manager went back to Titusville, sir.
Mr. Carollo: Well...
Mayor Suarez: Commissioner Carollo, in your motion you don't specify a time.
If you want a favorable vote, would you be willing to amend it to say, 24
hours?
Mr. Carollo: No.
Mayor Suarez: OK. Anything else from the Commission? Anything else from the
City Attorney?
Mrs. Kennedy: Well, I'm going to vote according to the City Attorney's
opinion but that does not change my original vote which, I think is not just
viable there, they shouldn't have the sign because they're not the major
tenant in the building.
Mr. Dawkins: Well, I'll be voting no. I think they've had enough time to
comply and I think they're abusing the system going around and around and I'll
be voting no.
Mayor Suarez: OK. Anything else? Any further discussion? Call the roll.
190 October 22, 1987
3
-� -.The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-972
230 A MOTION APPROVING CENTRUST SAVINGS BANK'S "MOTION TO
STAY" ENFORCEMENT PROCEEDINGS ENSUING PURSUANT TO
RESOLUTION NUMBER 87-754 RELATIVE TO THE CENTRUST SAVINGS
BANK SIGNS ATOP THE NEW WORLD TOWER BUILDING, UNTIL FINAL
RESOLUTION OF AN APPEAR WHICH IS PRESENTLY PENDING IN THE
JUDICIAL SYSTEM.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. Carollo: While voting yes, I'd like to make a statement to my colleagues
that, do you know of any attorneys that don't go around and around and around?
Mrs. Kennedy: Yes, reluctantly.
COMMENTS MADE AFTER ROLL CALL:
Mr. Price: Thank you very much.
Mr. Orr: If I may just briefly, one last point. This does not intimate or
suggest at all to the Circuit Court that the Commission has changed its
position with regard to its July 23rd ruling.
Mayor Suarez: In no way, we've just acted on the motion to stay.
Mr. Plummer: Excuse me, I stated on the record so when you get the
transcript, I think it'll be very clear.
Mr. Dawkins: And I voted...
Mr. Orr: I just wanted to be very clear to the court that its the entire
Commission.
Mrs. Kennedy: And you know how I feel.
Mr. Dawkins: And I voted no now, last time, and next time.
Mr. Orr: Thank you very much, sir.
Mayor Suarez: That applies to me too.
Mr. Orr: (INAUDIBLE COMMENT)
THEREUPON THE CITY COMMISSION ADJOURNED THE REGULAR
COMMISSION AGENDA AT 5:35 P.M. AND RECONVffi1SD AT 6:01
P.M.TO CONSIDER THE PLANNING & ZONING AGENDA WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
WITH THE EXCEPTION OF COMMISSIONER CAROLLO.
191 October 22, 1987
71. DISCUSSION OF PROPERTY APPRAISALS FOR GOLDEN ARMS APARTMENTS SITE AND
RESCHEDULE TO FIRST REGULAR COMMISSION MEETING IN NOVEMBER.
------------------------------------------------------------------------------
Mayor Suarez: Yes, can we have an update on the Golden Arms situation? No,
not now?
Mr. Plummer: .... it's not reconvened, we are now starting the...
Mayor Suarez: We are starting the afternoon meeting, thank you.
Mr. Dawkins: Starting the...
Mayor Suarez: Planning and Zoning agenda but we also have scheduled an update
on Golden Arms.
Mr. Dawkins: We also have 76 to finish from the...
Mayor Suarez: And 76 to finish from the other Commission meeting as opposed
to the morning meeting. How are we doing, Walter, Golden Arms?
Mr. Plummer: Who's going to speak on Golden Arms? It's not.
Mr. Walter Pierce: Ron Williams will talk about the appraisal on that.
Mr. Ron Williams: Mr. Mayor, members of the Commission, as you directed, we
did proceed to acquire the appraisals for the various parcels that we
discussed. We have that information in house. We have looked at it and are
still in the process of finalizing exactly where that whole appraisal picture
puts us. From that, we're tempted to meet with one of the principle owners
and was unable to do so. We have advised them formally in a follow up letter
that we really need to sit with him and try and negotiate his position as
compared to where the City is in terms of those parcels. We've conferred with
the Legal Department. Lucia's office has been assisting us and at this point,
we have placed the owners on notification that the City is interested in
acquiring that property.
Mr. Plummer: OK, we've not seen the appraisals. Madam City Attorney, you
_ didn't want us to divulge or look at it in the past. The indication is that
the appraisals have come out in some large numbers. Now, I think, as you will
recall at the last meeting, my emphatic statement was that if nothing was
done, that we would go the area of quick take, which I don't think anybody
wanted to do because that's not necessarily the best interest of everyone
concerned. Where are we right now? The indication of the large numbers, what
has that done to the picture? I mean, are you at liberty now to tell us those
numbers? Is it public record?
Mrs. Dougherty: It is not public record. We, of course, would tell you, the
Commissioners privately what the numbers are but it is not public record and
we don't think it would be beneficial to our negotiations to make them public
to the principals of the property.
Mayor Suarez: Are we in the first steps of a friendly taking? Is that what
we're doing now?
Mrs. Dougherty: Yes, we are. We're in the first steps of doing that. We
were unable to meet with Mr. Barrero, we don't think that he's interested in
selling it to us and we will have to condemn that property through the court
system. We also sent out the notice to each of the other property owners to
put them on notice, statutory notice that we are going to condemn the property
and asking them to contact us and if they don't contact us and they have the
same attitude as Mr. Barrero, we will also then...
Mayor Suarez: For how long do we wait for them to... I knew you were going to
oak that sooner or later, Josefina, so I figured I may as well ask it for you.
UNIDENTIFIED SPEAKER (Off mike): You didn't give me a chance...
192 October 22, 1987
Mayor Suarez: Right.
Mrs. Dougherty: We will petition and file our petitions within two weeks if
we don't have any action.
Mayor Suarez: OK.
Mr. Plummer: Two weeks from when, though, I mean?
Mrs. Dougherty: From today.
Mr. Plummer: Huh?
Mrs. Dougherty: From today.
Mr. Plummet•: In other words, what you're saying is, you're going to give him
one more chance to come in.
Mrs. Dougherty: We're going to give them all a chance to come in and if they
don't contact us, we will petition them.
Mr. Plummer: OK, now here's my problem. The numbers which I have heard in
generalities are some large numbers and if, in fact, we were to proceed with
condemnation proceedings, where is the money going to be able to be derived to
pay for that condemnation and I think with these kind of numbers, we've got to
know that.
Mr. Pierce: I believe that within two weeks, within the two weeks we'll be
able to tell you if that money is available or not. But I don't know if the
money's been identified now.
Mr. Plummer: No, no, no, I can't go along that route. I'm sorry. Now, you
know, if you're going to go condemn, and that's the process that you have to
go...
Mrs. Dougherty: We have to have....
Mr. Plummer: ... you'd better be prepared to put up the dollars. And I don't
know that we have those kind of dollars at this time to back up what we're
saying.
Mr. Pierce: I agree with that, that's why I'm saying before the City Attorney
takes that step, we should be back to you to tell you that, yes, sir.
Mr. Plummer: OK, then let me tell you what you've got to do for me. All
right. Yes, but see, we're not meeting again for another 30 days, roughly; 20
days.
Mr. Pierce: November 12th.
Mr. Plummer: OK, 20 days. All right, so what you're saying is that you're
going to give them the two weeks, then assuming the worst, the negative, they
are not in a friendly taking then you're going to come back and tell us where,
if possible, the money that is indicated in the appraisals can be derived to
make the purchase.
Mr. Pierce: Yes, sir.
Mr. Plummer: OK. My problem is, I think we're going to be able to condemn
but I don't think we'll be able to buy it. You know and I know that when you
go to a condemnation, appraisals are usually one sided. Not one sided, excuse
me, that's the wrong terminology. It's a point of negotiation. Because even
with the State of Florida, their procedure of friendly taking is to take the
two appraisals, divide it for the mean and then add 10 percent. And I don't
know that we got that kind of money. OK, hey.
Mrs. Dougherty: You know, if you don't have the money at the and of the
condemnation, we're still going to pay all of their costs and attorneys' fees.
Mr. Plummer: That's above the appraisals.
193 October 22, 1987
Mrs. Dougherty: That's right. But we're going to pay that anyway even if you
decide not to take the property later on.
Mr. Plummer: Well, that's why I don't want you to start the condemnation if
that man doesn't tell me we don't have the money for it.
Mrs. Dougherty: That's correct.
Mr. Plummer: Let me ask you, Josefina, one thing. We all realize the
problem. Has the community, in any way, considered to address the problem,
you know what I mean?
Ms. Josefina Sanchez-Pando: No, what is the problem?
Mr. Plummer: The abandoned one, that is the problem. That is the major
problem.
Ms. Sanchez-Pando: Um humm.
Mr. Plummer: And could we do - you'd better think about doing it in piece
meal. Do that plus maybe one or two more because from what I'm hearing, this
City is not going to have the money to purchase the entire tract as we wanted
to do. I'm just saying that for what it's worth department.
Dr. Gustavo Casanova: Commissioner Plummer.
Mr. Plummer: Yes.
Dr. Casanova: I'm Dr. Casanova. I'm the President of the Association of the
Homeowners. First of all, I became aware of the problem about a year ago. I
learned what had happened during the last four or five years regarding that
building that you mentioned and we provided all the Commissioners and Mr.
Mayor with a little booklet we prepared with pictures and also is included a
letter from a City official stating that it was a record keeping error that
that building was not demolished. Now, the neighbors have considered what you
just mentioned. The idea is that the neighbors are fed up with the whole
problem. They cannot take it any longer. The situation is that the whole
neighborhood is suspecting that the City Commission will go for the quick
take. Now, on the meeting in May 23rd, the City Commission passed a motion
that it was to buy this land and so far the whole procedure has been dragging
and dragging up to now where we see that the City Manager's office cannot tell
you if they have the money to buy the land.
Mr. Plummer: No, because no one had any idea that these appraisals would come
up as high as they have come up, OK? I will tell you from what I know that it
was in the back of my mind that these appraisals would come in just about half
of what they came in. Nov, and these are our appraisers. Nov, when we said
to you that we want to condemn that property, buy that property and turn it
into the park, that was our intent then, it is our intent now, but we have to
come to a realization as to what can we pay. And I think that that's really
the bottom line right now. Nov, I don't want to go through the procedures of
condemnation through the City Attorney's and if you want to talk about drag
out, that will. If we can go through a friendly taking and we've got the
money to buy is the best way to proceed. I'm saying to you, if we go through
condemnation and we don't have the monies, we're probably going to be going
through $100,000 worth of legal fees to say to the courts at the final, we
can't afford it. In quick take, you don't have that option. In quick take,
you take the property today and a jury decides what the amount of it is.
You're laying your wallet wide open and say, hey, here's a blank check, jury
you tell us.
Mayor Suarez: Yes, that would be the riskiest of all the alternatives.
Mr. Plummer: That is the riskiest, we did that at the F.B.C. and it damn near
broke this City.
Mayor Suarez: We did it with Overtown Park/Vest too.
Mr. Plummer: I'll give you the idea of F.B.C. property, our appraiser told us
that property was worth $12,000,000. When that thing went to a jury, after we
had taken the property in a quick take, this City had to pay $23,000,000.
194 October 22, 1987
Dr. Casanova: There are two points that I would like to add.
Mr. Plummer: Sure.
Dr. Casanova: One is before the meeting, we had on May 23rd with the City
Commission, we had a meeting with our Mayor and in a conversation he mentioned
that the City of Miami was about to receive a certain amount of money from the
Port of Miami, I believe. I'm not sure about...
Mayor Suarez: That's the parks improvement fund, I think that I made
reference to.
Mr. Plummer: Yes, that's the five point nine.
Dr. Casanova: OK. And the other thing is last Monday we had a meeting with
Mr. Joel Maxwell.
Mr. Plummer: With who? Oh, OK.
Dr. Casanova: And we were notified that the appraisers were finished and I'm
surprised and we asked them if it was possible to have the appraisers before
your eyes before this meeting so you would have an idea of what we were
supposed to come up with.
Mr. Plummer: Well, I'm going to turn it over to them. I've just expressed to
you my fear. OK? That's what I've expressed to you.
Ms. Sanchez-Pando: May I express my fears?
Mr. Plummer: Sure, you always have.
Ms. Sanchez-Pando: Well, that's the only thing we do. Have to thank you for
letting us use the microphone.
Mayor Suarez: State your name and address, Josefina, please.
Ms. Sanchez-Pando: Josefina Sanchez-Pando for the 100th time, 2110 S. W. 24th
Terrace, Miami, Florida, 33145.
Mayor Suarez: We need it in the record, you understand that. Proceed.
Ms. Sanchez-Pando: I do. J.L., now this question is addressed directly to
you.
Mr. Plummer: Yes, ma'am.
Ms. Sanchez-Pando: Why did you ever even mention and give us the hope of
something we had no notion of?
Mr. Plummer: Oh, no, what I...
Ms. Sanchez-Pando: The quick take.
Mr. Plummer: No, I...
Ms. Sanchez-Pando: No, let me have the words.
Mr. Plummer: I will ex...
Ms. Sanchez-Pando: I'm going to quote you.
Mr. Plummer: Please do.
Ms. Sanchez-Pando: Thank you.
Mr. Plummer: And please understand what I said.
Ms. Sanchez-Pando: Please explain.
Mr. Plummer: That if we do not have the appraisals in within the time of this
meeting, then we would go quick take. The appraisals are in. I said exactly
that. Exactly what I said. I know exactly what I said. If the appraisals -
195 October 22, 1907
if you will recall at the last meeting that the appraisals had not been done
and everybody sat here in astonishment, why not? And I said if they are not _
In by the next meeting, when we meet with this group, we would go the quick
take route. The appraisals are now in so 1 did not promise anything and
please don't misinterpret my words. I'm pretty clear in the English language.
Is that what it reflects?
UNIDENTIFIED SPEAKER: Yes, sir.
Mr. Plummer: Thank you.
Ms. Sanchez-Pando: I didn't read it, but I can read, fine. This is going to
be another drag, another joke, and another loss of faith. Believe me, J.L.,
when this thing started six months ago, the way you guys here worked with it,
did it, gave us all the hope in the world. We went from one meeting to
another meeting to another meeting with six weeks or a month and a half or two
months in between. We thought it was working.
Mr. Plummer: It is working.
Ms. Sanchez-Pando: For how many years? And when we end we don't have the
money and... It's a jokel Why don't you say, all right, we don't have it, go
fly a kite, that's OK.
Mr. Plummer: Josefina, I am at a loss to divulge the numbers...
Ms. Sanchez-Pando: I don't want the numbers, I'm not going to buy it.
Mr. Plummer: You better want the numbers because you pay taxes in this town.
Mayor Suarez: Yes you are, yes you are going to buy it. We're...
Ms. Sanchez-Pando: Well, I'm paying taxes for a thousand things that I do not
enjoy.
Mayor Suarez: Josefina, we're all going to buy it.
Mr. Plummer: That's exactly right.
Ms. Sanchez--zando: You are going to buy it.
Mayor Suarez: We're all going to buy it.
Mr. Plummer: We hope we can buy it.
Ms. Sanchez-Pando: Oh, we all - people who live in Miami.
Mayor Suarez: You got it.
Mr. Plummer: That's right.
Ms. Sanchez-Pando: All right, fine...
Mayor Suarez: You got it.
Me. Sanchez-Pando: ... I pay for so many things that I buy that I'd love to
pay for the park in the corner of my house.
Mr. Plummer: You can't divulge the numbers.
Mayor Suarez: OK, anything else because we've got 35 planning and zoning...
Ms. Sanchez-Pando: So - No, yes, I want a finish and end statement to what is
going to happen now. One, two, three, four five.
Mayor Suarez: We just said that within 14 days or two weeks the City will act
to begin judicial proceedings, condemnation proceedings if we have not reached
an agreement with the property owners. No?
Me. Sanchez-Pando: No...
Mayor Suarez: Did I misstate that, Walter?
196 October 22, 1987
Mr. Pierce: Well, I want to just caution you what the Vice Mayor was saying
about the availability of funding.
Mr. Plummer: No, no, no, the second point is, is the money, the money to buy
if we condemn or even if they agree.
Mayor Suarez: We will have to make that determination, but I mean we'll be in
a position within 14 days to make that decision.
Ms. Sanchez-Pando: In 14 days you're going to tell us what's going to happen.
Mr. Pierce: May I suggest, Mr. Mayor that...
Ms. Sanchez-Pando: No?
Mr. Plummer: No, wait a minute, whoa, whoa, don't let her go away from that
on the record. No, because she has a way from coming back at that and saying,
"This is what I said." I know Josefina...
Ms. Sanchez-Pando: No, no, I am asking the Mayor, I wasn't talking to you
now.
Mr. Plummer: No, he made a statement and you came back on that statement.
Now, let's get this record clear. What that man said was emphatic. She will
_ come back and give us what has transpired in the two weeks of either they
agree to sit down at the table and negotiate, or they won't. That's number
one! Number two, in two weeks he will come back and tell us where, if they
can find that amount of money, so we can make a decision to tell her to
proceed with the total properties, or proceed with what we can afford, or
proceed how.
Ms. Sanchez-Pando: Or not proceed.
Mr. Plummer: Yes, or not proceed. That is a possibility, but that is not
going to be the possibility, because everyone sitting here, I am sure had an
idea in their mind about what that property was costing, or going to cost.
Our own appraisers have come in, in my mind, double what I had in my mind.
Ms. Sanchez-Pando: I told you....
Mr. Plummer: You told me what?
Ms. Sanchez-Pando: ....and that is on the record that it would be double and
triple that they had been remodeling...
Mr. Plummer: No, Ma'am.
Ms. Sanchez-Pando. Read the record!
Mr. Plummer: When you see the appraisals, you will know that you are
absolutely wrong.
Ms. Sanchez-Pando: I don't know what it has appraised, but I told you the
number was going to be high, and very high, because they were revamping the
property.
Mr. Plummer: The one parcel that you are speaking about, you are going to be
surprised.
Mrs. Kennedy: Walter, I...
Ms. Sanchez-Pando: Is the one that costs the least.
Mr. Plummer: No, OK, you are going to be very, very surprised.
Mrs. Kennedy: Walter, I understand you can't tell us publicly, but I Mould
like, later on, if you can talk to us individually.
Mr. Pierce: We will be glad to share that information with you individually.
We would reschedule this item for the November 12th meeting at 6:00 p.m., they
way we did today.
197 October 22, 1987
Mr. Plummer: That's fine.
Mrs. Kennedy: Thank you.
Mr. Plummer: That's fine, and hey, I want to tell you something, I have no
problem with you, speaking to this gentlemen as the head of the association
and letting him know, as you negotiate with these people, where they are and
where they are not, OK? Now, the final question has got to come, because you
keep cautioning us against mentioning numbers. When are these people going to
have the realization of what those appraisal numbers have come out? Is it
going to be in two weeks?
Ms. Sanchez-Pando: Mr. Plummer, we don't want to know what the numbers are.
Mr. Plummer: You have got to know.
Ms. Sanchez-Pando: Well, fine, if you tell us, but we are not pressing for
the numbers.
Mayor Suarez: OK, so it is a non -issue at this point.
Mrs. Dougherty: Commissioner Plummer and Mr. Mayor, at the point at which we
condemn the property, there is no reason to keep them secret, so if we
don't...
Mayor Suarez: Right.
Mr. Plummer: OK.
Mayor Suarez: And begin to do the proceedings.
Mr. Plummer: So, what you are saying then, if I understand you correctly, in
two weeks, if the negotiations with the owners have failed and you are going
to condemnation, then you can make the numbers known. OK.
Mr. Carollo: Well, I just think this has been going on around and around and
we have to bring it to an end, once and for all. I mean, it is getting to the
point that it is absurd, and we need to finish it. This has been going on for
years and now the subject of a park has been going on for months and months
and I just don't see why we cannot bring it to and end. In the meantime, the
individual that owns this apartment is playing all kinds of games, jacking up
the price, so it is something that costs him one fraction of the amount of
what we are going to pay him now.
Ms. Sanchez-Pando: That's it.
Mr. Plummer: Well, you know, and I am not defending the owners in any way,
but an appraisal is an appraisal. They set the numbers regardless of what the
owner does, or what the owner thinks and those appraisals are going to come
out... I hope they come out, based on a fair value of the land and the
improvements, and I did inquire, by the way. I was told that there have been
no improvements done to the bad building, is that correct?
Dr. Casanovas Correct.
Mr. Plummer: There is no permits at all been drawn but the inference at the
last meeting by Josefina was, that they were taking out and doing improved...
Ms. Sanchez-Pando: No, air, read the minutes.
Mr. Plummer: Not by you...
Ms. Sanchez-Pando: Yes, by me, but that was not it, and I can read English
also, and I can speak it very well. What I said was, that the building that
had not been condemned, which was trash, six months ago, was being painted and
read it, because I said those words! Refrigerators came in, they tented the
place, they made it beautiful. They raised those taxes from what the first
appraisal was. They were paying "X" number of dollars to the City for taxes.
Well, now they are going to be goody-goody and they are going to pay this
number to uplift their property. That's what I said, and that is what is on
the record, and that is what happened.
198 October 22, 1907
Mayor Suarez: OK, we have heard all those points, We are aware of them.
Anything further from the Commission on this? OK.
Dr. Casanova: So this item will be scheduled on November 12th?
Mr. Plummer: On the 12th.
Dr. Casanova: 6:00 p.m.?
Mr. Plummer: Yes.
Dr. Casanova: Thank you.
Ms. Sanchez-Pando: November what?
Mr. Plummer: November 12, 6:00 p.m.
Mayor Suarez: Planning and Zoning item one.
Mr. Plummer: Wait a minute, let me go one step further. Mr. Mayor, the City
Attorney has indicated she will give them 14 days from today. That would put
it somewhere around the first week of November. I am going to ask you, Madam
City Attorney, anything you furnish to us in the way of what the negotiations,
either terminated or what, which will be prior to the 12th, that you sent to
the head of the association, so you will also be apprised as we are.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: That will be fine.
Mayor Suarez: Thank you for your presentations.
--------------------------------------------------------
_ 72. (A)CONTINUE CONSIDERATION OF
PROPOSED AMENDMENT
TO
COMPREHENSIVE
NEIGHBORHOOD PLAN FOR PROPERTY
LOCATED AT 2951-2999
SW
22 TERRACE TO
COMMERCIAL RESIDENTIAL, TO THE
SECOND REGULAR MEETING
OF
NOVEMBER. (B)
CONTINUE CONSIDERATION OF
PROPOSED AMENDMENT
TO
COMPREHENSIVE
NEIGHBORHOOD PLAN FOR PROPERTY
LOCATED AT APPROXIMATELY 2951-2999
SW 22
TERR TO CR-2/7, TO THE SECOND REGULAR MEETING OF NOVEMBER.
--------------------------------------------
Mr. Dawkins: Mr. Mayor, I'd like to finish item 76, please.
Mayor Suarez: Item 76, do we have some wording, or do you have any proposals
on it?
Mr. Carollo: Before we do that, Commissioner, if I could just take a quick
minute. As I stated previously, I have to leave early tonight. One of the
items that I am not going to be around to hear, I would like to have deferred
and that is item 15, and 16, which are both related.
Mayor Suarez: Which is item 15 and 16?
Mr. Carollo: It is the Challenger Investments Inc. and Jorge Rodriguez.
Mrs. Kennedy: Give me one minute to get my other book from the office,
please.
Mr. Carollo: And whether I would be here anyway, frankly I would need more
information before I could make an intelligent decision on this item.
Mayor Suarez: Is anyone here on behalf of the applicants?
Mr. Carollo: Do I need to make a motion separately for each item, Madam
attorney or can I make it jointly?
Mr. Plummer: What's 15 and 16?
199 October 22, 1987
1 � -
Mr. Carollo: Do I need to make a motion separately on each item, Madam
Attorney, or can I make it jointly?
Mrs. Dougherty: you can make them jointly if there is a consensus.
Mr. Carollo: All right, I will make a motion that we defer item 15 and 16
until the next meeting.
Mayor Suarez: Motion to defer items 15 and 16.
Mr. Carollo: For the next Commission meeting.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Counselor, do you want to make a statement on it, or
argue for or against?... just the motion to defer, not the merits, please.
Mr. Tony O'Donnell: Mr. Mayor, member of the Commission, Tony O'Donnell, for
the record, with law offices at 1401 Brickell Avenue. My partner, Al
Cardenas, was here and was unable to stay for this hearing. We are prepared
to go forward tonight and we would appreciate the opportunity to do so. We
have been through the Zoning Board, we have the recommendations and we think
that we have a good application, so we would like to have our hearing this
evening. We would request the motion for deferral not be approved.
Mayor Suarez: We have a motion and a second. Any discussion? Yes? I'm
sorry, Walter.
Mr. Pierce: Mr. Mayor, Mr. Carollo, if you would change your motion to
continue, in lieu of deferral, to November 12th.
Mr. Carollo: Well, I'll make a motion to continue it to the next zoning
meeting that we have in November.
Mr. Pierce: That will be November 12th, sir.
Mr. Carollo: That will be fine.
Mr. Plummer: Excuse me, just for the record, there is no one here, at all on
this item, except you, sir?
Mayor Suarez: Is there anyone that was here to oppose, or support the
application? Raise your hand if you were on that item, Planning and Zoning 15
and 16.
Mr. Carollo: You are here to oppose? Can I ask one more question before we
vote on it for the postponement? Is this property for sale, presently? There
was a big real estate sign in the back up until about a week ago, or so.
Mr. O'Donnell: I don't know the answer to that. I really don't, I mean...
Mr. Carollo: I just wondered.
Mr. O'Donnell: If there is a real estate sign up for sale, then I presume
that it is, but I really don't know the answer to that.
Mr. Carollo: Yes, I was just wondering, because they are asking for... you
are asking for a zoning change, and in effect there is a sign selling the
property, so I don't understand that.
Mr. Plummer: What?
Mayor Suarez: Commissioners, any further discussion on this? Call the roll.
200 October 22, 1907
a
0
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-973
A MOTION CONTINUING ITEM PZ-15 (PROPOSED AMENDMENT TO THE
COMPREHENSIVE NEIGHBORHOOD PLAN AT APPROXIMATELY 2951-2999
SW 22 TERRACE TO COMMERCIAL -RESIDENTIAL) AND ITEM PZ-16
(PROPOSED ZONING CHANGE AT APPROXIMATELY 2951-2999 SW 22
TERRACE, TO CR-2/7) TO THE MEETING OF NOVEMBER 12, 1987.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: Items 15 and 16 are continued until the next Commission
meeting, November 12th. Sorry, if you waited, thinking that the item would be
heard.
73. REQUIRE OWNERS OF MINORITY AND WOMEN BUSINESS ENTERPRISES SUBMITTING
BIDS FOR CONSTRUCTION CONTRACTS TO BE CERTIFIED IN FIELD FOR WHICH
CONTRACT IS TO BE LET.
Mayor Suarez: Item PZ-1.
Mr. Dawkins: No, 76.
Mayor Suarez: Oh, I am sorry, 76. Commissioner, do we have a solution or a
proposal or whatever on that? Or do you want to reconsider exactly the way it
was, or where are we at?
Mr. Dawkins: The City Attorney came up with something that I accept. I hope
the rest of the Commission will accept it.
Mrs. Dougherty: Yes, sir, Mr. Mayor, Commissioners the language would be
inserted saying that it relates to the construction contracts in which the
City of Miami is a party, requiring owners of minority and women business
enterprises, submitting bids for construction• contracts to have a State of
Florida, or Metropolitan Dade County Certificate of Competency in the field
for which the contract is to be let to quality as a minority or woman
contractor on such contracts.
Mayor Suarez: With that modification, do we have a motion?
Mr. Dawkins: I move it.
Mr. Plummer: Second.
Mayor Suarez: Moved, seconded. Any discussion?
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I would like... Madam City Attorney, is there any way that we
could pass this and find out when the next two competency hearings are being
held, and this come into effect after the next two board examinations, so this
will give anybody who is to get it.
201 October 22, 1987
0 0
Mrs. Dougherty: You would like the ordinance to come into effect after the
last two?
Mr. Dawkins: After the last two.
Mrs. Dougherty: OK, next two.
Mr. Dawkins: Next two hearings.
Mrs. Dougherty: Very good. We will do that.
Mayor Suarez: Call the roll. Is it an ordinance? I'm sorry.
Mrs. Dougherty: This is an ordinance, yes.
Mayor Suarez: Madam Commissioner.
Mrs. Kennedy: Let me ask you, Madam City Attorney, what is the difference
between the ordinances?
Mrs. Dougherty: Now it requires a Certificate of Competency from either the
State of Florida or Metropolitan Dade County.
Mr. Plummer: Madam City Attorney, is this a substantive change?
Mrs. Dougherty: No, sir.
Mr. Plummer: Because this is still second reading.
Mrs. Dougherty: Yes, sir.
Mr. Plummer: But effective date is...
Mr. Dawkins: Rosario...
Mrs. Dougherty: We will calculate when the next competency hearing is and
then put that effective date in.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
NOTE FOR THE RECORD: AT THIS POINT, ED MC ELROY APPEARED BEFORE THE
COMMISSION IN CONNECTION WITH THE VENDORS ORDINANCE.
Mrs. Dougherty: Mr. Mayor, I haven't read this ordinance. Do we have a motion
and a second on it?
Mayor Suarez: Please read the ordinance. We have a motion and a second.
AN ORDINANCE ENTITLED -
AN ORDINANCE RELATING TO CONSTRUCTION CONTRACTS IN
WHICH THE CITY OF MIAMI IS A PARTY, REQUIRING OWNERS
OF MINORITY AND WOMEN BUSINESS ENTERPRISES SUBMITTING
BIDS FOR CONSTRUCTION CONTRACTS TO HAVE A STATE OF
FLORIDA OR METROPOLITAN DADE COUNTY CERTIFICATE OF
COMPETENCY IN THE FIELD FOR WHICH THE CONTRACT IS TO
BE LET TO QUALIFY AS A MINORITY OR WOMAN CONTRACTOR ON
SUCH CONTRACT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE
CITY CODE.
Passed on its first reading by title at the meeting of September 8,
1987, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote-
202 October 22, 1987
0
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10332.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
74. DISCUSSION OF EXISTING VENDOR ORDINANCE BY REPRESENTATIVES OF COCONUT
GROVE CHAMBER OF COMMERCE.
Mr. Dawkins: Mr. Mayor, I had an item too about Coconut Grove, the Chamber of
Commerce. When is that going to be?
Mayor Suarez: That was 116. Ted, or someone, that is going to... on both
sides of this issue, presumably. Do we have some of the vendors? I know some
of them spoke to us, right?
Mrs. Kennedy: Ted, what item is this, what number on the agenda? ?
Mayor Suarez: 116, it was...
Mr. Ted Stahl: We were at 4:30 and we asked...
Mayor Suarez: It was supposed to be a personal appearance or discussion
item, right?
Mrs. Kennedy: Right.
Mr. Stahl: Yes, sir.
Mayor Suarez: Now, do you, anyone, on either side, realistically expect this
to be in a position to make any determinations on this at this particular
point today, or...? I mean, we would like to hear, I am sure, you know, some
brief statements on both sides and so on, but for us to decide today would be
impossible.
Mr. Stahl: Well, we would like you to hear us because we have made a lot of
preparations for this - a lot of preparations.
Mayor Suarez: Was it your request to be on the agenda?
Mr. Stahl: There are five speakers representing the major organizations of
the community.
Mayor Suarez: Five speakers?
Mr. Stahl: But, we are only going to speak two minutes a piece.
Mayor Suarez: Are they going to say we agree with what Ted said, and so on?
Mr. Stahl: No, we agree with what all the organizations and the merchants and
the people agree to.
Mrs. Kennedy: You mean all the organizations are in agreement?
Mayor Suarez: We'll hear equally from both sides, but please keep it to the
shortest amount possible and do not repeat anything because it doesn't really
add to our consideration.
203 October 22, 1987
Mayor Suarez: Does that apply also to the people in favor of the vendors?
Mr. Stahl: My name is Ted Stahl, I am a merchant at 3120 Commodore Plaza. I
am also a resident at 3171 Royal Road. I am the first vice president of the
Coconut Grove Chamber of Commerce, and tonight I am speaking for the members
of the Coconut Grove Chamber of Commerce. Earlier, all of you have received a
folder with our proposal that we are asking for, legal descriptions of other
ordinances throughout the Dade County area and municipalities and also the
City Attorney was given one, and the City Manager. It is rare that you find
major organizations representing the residents and the merchants of this
community agreeing with one another to solve a problem that exists in our
area. Have some quiet in the chambers, please. Proceed.
Mr. Stahl: We have approached you many times in regards to this problem over
the years at annual town meetings. The Coconut Grove Chamber of Commerce, the
Coconut Grove Merchants Association, the Coconut Grove Civic Club and the
Tigertail Association want the vendors off the public streets of Coconut
Grove. These people are creating a flea market atmosphere on our streets and
take no interest in this community. They do not sweep or wash the streets
down each morning, as we do. They do not spend hundreds of dollars out of
their own pockets to re -landscape City planters, as we do. They park their
cars in valuable parking spaces in the evening, directly in front of their
stands which they set up, make their profit, pick up, leave, putting nothing
back into this community. Do they pay garbage taxes? Do they pay City taxes?
Do they pay social security taxes? Do they have to carry high insurances to
protect their people in their stores? Were they assessed for the bricks that
they stand and operate their business on, as we were? Were they assessed for
the decorative lights that they used to light up their stands in the evening
hours, as we were. Do they collect the State tax for Florida, I wonder? This
total practice is unfair to the merchants who are liable by law to carry
collect and pay all of the ones I just mentioned. We hope you will agree with
us this evening. If you do, let there be an ordinance so written that I, as a
merchant and taxpayer will understand, that the license bureau that issues the
license to the vendors will be able to explain to the vendors that the offices
of our Police Department, can understand, to enforce, and that the attorneys
cannot find loopholes to get around it, and in enclosing, please remember that
we have requested in the past from the City, the better landscaping, for
better waste receptacles and each time you answered there is insufficient
funds. Tonight, what we asked you for, costs the City taxpayers nothing. What
we ask for you is very little, but is important to us that our streets do not
become the streets that appear in Manhattan. Thank you.
Mr. Richard Chemilis: My name is Richard Chemilis, I appear on behalf of the
Grove Merchants' Association as its chairman. I am also a board member of the
Coconut Grove Chamber of Commerce. I manage Biscayne Baby at 3336 Virginia
Street and I am a resident and property owner at 4081 Barbarossa Avenue in
Coconut Grove. I want to represent the merchants' views. First of all, in
June of this year, we conducted a survey of all the merchants in Coconut
Grove. Over 80 percent of the merchants surveyed opposed street vendors,
which are now unenforced in any restriction. They also supported producing
and performing artists on the streets, which are now prohibited on the public
streets. The merchants of Coconut Grove have to pay high rents and/ or
property taxes due to rapid inflation.
Mayor Suarez: Presumably on the sidewalks, more than the streets, I would
think. I'm sorry... on the sidewalks, not so much on the streets.
Mr. Chemilis: Yes, we only speaking of the sidewalks, sir. The merchants
have to pay high rents, and/ or property taxes, due to rapid inflation on
property values. Vendors do not. Merchants have to commit long term
obligations and investments to be in business. Vendors do not. Merchants have
many other legitimate operating costs such as maintenance, insurance,
advertising, various taxes, which vendors do not. Merchants pay much higher
City and County licensing and operating fees and taxes than vendors.
Merchants are totally and realistically accountable for reporting sales tax,
income tax, payroll taxes, whereas vendors are seldom identifiable or
trackable. Merchants have a commitment to the quality of the community and
its environment, relative to their investment and future success. Vendors do
not. Merchants care about access to limited public parking to encourage
return traffic. Vendors do not. Due to the absence of overhead, vendors can
and do, grossly undercut merchants in selling the same merchandise on the very
doorsteps of the merchants. These inequities are only some of those that
204 October 22, 1987
„i
exist in a consciousness of the business community in Coconut Grove.
Merchants, landlords and residents have made financial and personal
investments and commitments to our community. We believe we have the right to
control the quality of the public thoroughfare and to insure the success and
equity of those who have made that commitment, those of us who in fact, are
the community. Thank you.
Mayor Suarez: Thank you for your statement. Ron.
Mr. Ron Cole: My name is Ron Cole, I live at 2542 Lincoln Avenue. I am the
vice president of the Tigertail Association. I speak to that organization
tonight. Members of Tigertail have spoken on occasions too numerous to count,
regarding the importance of the stability of the single family neighborhood,
to the preservation of the Coconut Grove community. We have appeared
somewhat less often to comment on matters affecting the village center, but
this is part of our neighborhood also, and our theme of stability applies here
equally well. We need the stability in the commercial sector that is
represented by the established tax paying Grove merchants. We feel that the
unregulated nature of sidewalk vendors is definitely a threat to the stability
of the village center and we support the position of the Coconut Grove Civic
Club, the Coconut Grove Chamber of Commerce and the Coconut Grove Merchants'
Association. Thank you.
Mayor Suarez: Thank you, Ron Tucker.
Mr. Tucker Gibbs: My name is Tucker Gibbs, I am president of the Coconut
Grove Civic Club. I live at 3820 Bayside Court in Coconut Grove. The Civic
Club wishes to add our voice to that of the Chamber of Commerce Merchants'
Association and Tigertail Association in support of the effort to bar vendors
from the village center. We have found that other Dade municipalities have
such ordinances and we have included them in the packet you have in front of
you. This is...
Mayor Suarez: Do they typically prohibit all forms of street vendors at all
hours, or just restrict them or license them further, or what?
Mr. Gibbs: Coral Gables and South Miami completely ban them. I think South
Miami band them except for construction sites, but Coral Gables bans them
completely.
Mayor Suarez: Well, even that has an exception in construction sites.
Mr. Gibbs: Yes, construction sites. This is one issue that everybody, all
the civic groups in the Grove have agreed on, and it is a rather rare moment
when we can all get up together and say to the City Commission that we agree
on something, so for those reasons, we urge you to adopt this idea of banning
vendors in the village center. Thank you.
Ms. Mary Monroe: My name is Mary Monroe and the Monroe family has been in the
Grove a good many years. We want it to continue the way it was, with the
thing that drew everybody here. We noticed that Coral Gables and Palm Beach
takes care of it with regulations and they watch very carefully to see that
the flavor of those communities does not change. Miami badly needs to do the
same, because if we allow things like peddlers, we are going to have a Coney
Island here and that's not what people came to Coconut Grove for.
Mayor Suarez: Thank you. Doctor.
Mr. Jerome Parnes: Ladies and gentlemen, I'm not with this group, but I am
also part of the Chamber of Commerce and part of the community and unlike
these people, I would not like to see them throw out the vendors, and I'd like
to say why if I could. See not all of the community is totally together on
this. Through the United States and we have a lot of free enterprise here and
have got to get started somewhere and sometimes it gets harder. If you are a
minority, or if you are coming up to learn the ropes and sometimes it is
better to pull yourself up this way than to have to lose respect by taking
from the government, whatever. I give some of these peddlers credit for
trying to advance themselves. I do think it is up to the City and to the
Administration to regulate paying taxes because everybody has to pay taxes and
as far as them competing with the vendors, I mean, with the store, I don't
think they probably sell the same items, so I am not sure if they are in
direct competition. I use the park a lot to play my banjo, and lot of other
205 October 22, 1987
things. I like to have a hot dog every once in a while, or something, you
know, to enjoy not only a restaurant, but the beautiful parts of the Grove,
and I wonder if that will extend to the vendors, you know, who do hot dogs or
food and stuff like that and I think I'd like to address myself to the Cuban
community. I also come from immigrants, and I see your people on the streets,
you know, peddling whatever they can, and I give them a lot of credit, because
that is how my family started and I got an education from it, and they worked
real hard and, not everybody has that capital and I think... I grew up
in the Grove is not Worth Avenue. We have all been to Palm Beach. I got my
education by working in Miami Beach. We are not Miami Beach. The reason
people come here is not only to shop, but because we have such an open
community and I think that we shouldn't close it up to just one type of
people, I mean, that's why people come here, I mean the merchants are
profiting from the different types of people. I'm finished.
Mayor Suarez: Thank you, doctor, for your testimony. OK, sir.
I Mr. Anthony Lopez: Yes, my name is Anthony Lopez, I live 101 Antiguera Avenue
in Coral Gables. I am a vendor in Coconut Grove. I would like to disagree
with half of whatever they said, as far as the taxes and all that. I do pay
taxes. I pay my City license, and I pay operational license. I file taxes
_I within the year for everything I sell. If you need for the records, I've got
a bookkeeper, I'd be glad to bring it up before the Commission, but as far as
direct competition...
Mayor Suarez: What kinds of things do you sell, just out of curiosity?
Mr. Lopez: Excuse me?
Mayor Suarez: What do you sell from the...
Mr. Lopez: I sell eel skin products. Most of the other vendors have
specialty items that they sell also. I won't get into details on what they
sell, they basically know what they sell themselves. Most of the items that
are sold by street vendors are not items that you would be able to establish a
retail business without sufficient capital to keep you going for the length of
time that you need to break even, especially at the Coconut Grove rental
rates, OK? As far as it looking like a flea market, I think most of the major
tourist cities in the United States have some type, or some type of business
district, that will allow some type of cart vending, or street vending...
_ Hawaii for one. Hawaii's basic tourism is a lot of street vending going on in
Hawaii, very much contained, very much controlled; that we may need to see
stronger specifications of this type of license go out. As far as hanging up,
I have seen some street vendors go up and hang things on lamp posts. I don't
believe that is appropriate. That degrades what vendors are all about. I
think that our vendors are out there and they bring more public out to the
streets of Coconut Grove. One other item I'd like to mention is most of the
vendors that vend in Coconut Grove usually do it while most and the majority
of the businesses are closed in the evening. Most of them close shop around
6:00 to 7:00 p.m. Most of the vendors start coming around between 7:00,
between 7:00 and 8:00 o'clock at night, so we are not really conflicting with
their operating business hours.
Mrs. Kennedy: What time do you start selling?
Mr. Lopez: I particularly start selling anywhere between 7:30 and 8:00
o'clock at night. As far as the other vendors, they are all present, and they
can tell you more or less what time they start, but usually, I am one of the
first ones out there and basically that's the hours I go out. Some may be out
there early Sunday, but most of the stores close up even earlier on Sundays,
like 5:00 o'clock.
Mrs. Kennedy: Could I see with a show of hands the number of people who are
opposing the street vendors? OK, and those that are for?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Jihad S. Rashid: My name is Jihad S. Rashid. My wife Ishsha Rashid and I
reside at 3127 New York Street. I own two duplexes and a home in Coconut
Grove. I am a registered voter and a taxpayer. I work for Bell South
Advertising and Publishing Company, and I'm a vendor in Coconut Grove. The
issue brought before this body by the merchants, they might have some genuine
206 October 22, 1987
concerns for some things that are being overlooked. Our basic premise is that
street vendors can exist, coexist in a complimentary fashion and work toward
the overall objectives in the business and economic community. We do have
civic concerns. We do have expenses. We are the people who help engage
tourists and other people who come to Grove who find it basically shallow in
regards to activities. We have standards in regards to appearance and product
presentation. We are mindful of the areas that we work in, by policing them
and many, many nights, people have passed, where we set up in the Grove to ask
directions where is St. Hugh's Church - they are attending wedding receptions.
Our courtesies, directing people in safe parts of the Grove, advising them of
parking. We do have a sense of responsibility and civic consciousness in our
discourse of our work. Some things may be problematic, but the existing
statutes, if they are properly enforced, are adequate enough to maintain the
standards that exist. If we review those statutes which we have, we endeavor
to maintain those standards. At this point, we have a loose association of
vendors and we are preeminently concerned about the quality of life and the
quality of business in the Grove. We share the same concerns that the
businesses are concerned. We feel the business ups and downs. We help them.
We pass out brochures, some of the things that are published by the Chamber of
Commerce. "Where is Kaleidoscope Restaurant? How do I get to Commodore
Plaza?" One way we could expand on this idea of people in the Grove, and
maybe if it is necessary, set some more standards for the vendors. There are
limited amount of spaces in the Grove that vendors can shop. Actually there
are about four or five vendors. Recently there have been some new vendors on
Commodore Plaza. There may have to be some adjustments in those areas, but
just to cut us out and say that we do not contribute and that we have no worth
in the Grove, is a misnomer, is not true. We pay our taxes, we are there to
participate in free enterprises. This is not some type of parochial remedial
situation necessarily for people to pull themselves up by the bootstraps, but
is a legitimate part of the Grove, it contributes to the whole concept of the
Grove. Many times, in closing, that we have met with tourists abroad and from
different parts of the United States and that has been some of the most
rewarding... most rewarding encounters when they come into the Grove with
their families and children and it is a chance for them to be engaged a little
bit and this is what they don't have, and this helps counter
against the sterileness of the Grove and the Grove is trying so desperately
hard to attract people, but the things like these street vendors and the
rickshaws, they contribute and up...
Mayor Suarez: Well, I don't mean to necessarily disagree with you generally
in your arguments, but sometimes it seems like in the Grove we are trying not
to attract so many people as come to the Grove for so many events.
Mr. Rashid: Respectfully, sir, I understand, but there are certainly type of
people. I think we attract the people overall, that the merchants want in
the Grove. They want a good caliber clientele in the Grove and we work also
with the local law enforcement by keeping our eyes open and watching out for
people and I think it would be a great mistake to just write us off the books,
because we are productive parts of the community. Thank you.
Mayor Suarez: Thank you for your statement. Is that it on the vendor's side?
I mean, we will do one more. I think the Chamber's views have been expressed
quite a bit, Stuart. I see you back there. Go ahead, sir.
_ Mr. Howard Fineberg: My name is Howard Feinberg. I live on 3130 Gifford
Lane. That's in Coconut Grove. I have two children who attend school in
Coconut Grove. I've lived and sold as a vendor on the streets in Coconut
Grove for six years now. I sell high quality, hand made jewelry. I don't
believe I offend too many people. I try to keep my hours at the times when
the stores aren't open and I have all my licenses, my tax permits. I collect
sales tax, I do everything as legally as possible. Over the years that I have
sold in the Grove, I haven't really seen a problem until recently when the
current law ceased to be enforced, but when the police were enforcing a 500
feet from the school limitation, it limited most of the commercial area. I
don't think there is really a reason to change the existing law, as much as to
enforce it in the way that the merchants would like the streets to be. If you
just enforced the present laws...
Mayor Suarez: What kinds of things are not being enforced, that if by
enforcement would improve the situation?
207 October 22, 1987
Mr. Fineberg: Well, for example, all the years I've sold in Coconut Grove,
I've never been able to sell on Commodore Plaza, because that fell within the
500 feet from the school limitation. Now, they have stopped enforcing that
limitation outside the school hours, but in the law, the law states 24 hours a
day, seven days a week.
Mayor Suarez: It is not, yes, it is not stated on a per hour basis, it is
supposed to be the entire time.
Mr. Fineberg: So therefore, I don't see the point of changing the law,
because I think to forbid the vendors totally, would mean that there would be
still be vendors coming illegally into the Grove, and it would be a lower
classed vendor, but the vendors who have been there for five or six years, and
have obeyed all of the laws that were being enforced, you know, I don't think
those are the vendors that offend anybody and I think that changing the law
would bring a new kind of vendor into the Grove that was totally illegal and
would defeat the purpose totally of what merchants want to accomplish. Thank
you.
Mrs. Kennedy: What do you sell?
Mr. Fineberg: I sell high quality handmade jewelry.
Mr. Ed McElroy: Ed McElroy, 3586 Avocado. I've been a resident of the Grove
for three years and a taxpayer owner for one year. I don't know any merchants
and I don't know any vendors, so I am here because I chose to live in Coconut
Grove. I did not choose to live in Coral Gables, I did not choose to live in
other areas, and I don't want to see the flavor of Coconut Grove change. I
like to walk and see the merchants along the street. I came here because of
an article in the paper that mentioned that the Merchants' Association was
against the vendors and it talked about that someone was quoted from the
Merchants' Association, talking about its concern for the community and I am
here as a representative of the community and wondering... you know, I
question that concern. I think they are concerned about their pocketbook. I
would just be... I'd be very upset to see Coconut Grove turn into the
sterility of Coral Gables on a weekend night, or a week day, or any time.
Thank you.
Mayor Suarez: Thank you for your statement. Last one? We've got a lot of
planning and zoning items to get through. We are not going to act on this
tonight, I guarantee you, so we are just taking your statements so that later
the Commission can review the entire situation.
Mr. Sheldon Kent: My name is Sheldon Kent, I live on Miami Beach, I have been
a vendor in Coconut Grove for about three years and I was also a vendor on
Flagler Street for one year.
Mrs. Kennedy: Let me ask something for the City Manager. Can we legally
prohibit vendors?
Mr. Joel Maxwell: Yes, you can.
Mrs. Kennedy: OK.
Mr. Plummer: Excuse me, I thin
of the vendors today, they ex]
right to collect revenues on au
utilities, any kind of vendors.
think it is prohibitive... not
derive a revenue, so in effect,
have a legal position to be on
that. It is on the other foot.
Mayor Suarez: Go ahead, sir.
k it is the other way around. As I know most
at on public right-of-way. The City has to
iy City right-of-way as we do with any public
Any time that City property is being used, I
prohibitive, but mandatory that the City must
I don't think that any of the vendors today,
the City property, so it is just a matter of
Mr. Kent: Well, there is a little piece of property in Coconut Grove that was
allotted to vendors two years ago. It faces a parking lot. It is not
anywhere near the stores. There are about four vendors there. It is a
difficult enough place to make a living, but they are there. They have
changed the law, as one of the gentlemen said before me, whereas we are in
Commodore Plaza now, some of the new vendors and it has caused a lot of
conflict between the store owners and the vendors. For two years I have been
208 October 22, 1987
in that little spot near the parking lot. We have all been there and there has
been no problem, and we are part of the Grove. The Grove has always been
recognized as the Greenwich Village of South Miami. Gee, it is the spirit of
the Grovel... some of those vendors and it would be a shame, you know, to turn
this thing into another shopping center. We have got plenty of them. This
part of the Grove where the vendors are and other unique types of things makes
the Grove different from all the others.
Mayor Suarez: Thank you for your statement. Everybody understands we are not
going to make a decision on this tonight. I don't know why this argument is
going on and on, because we are going to have to review all of the proposals,
ideas, and I think we are going to have to look at a study. You scare me when
you go up to that mike with that determined look on your face of saying
something less, I mean more, than 30 seconds.
Ms. Joanne Holshouser: Joanne Holshouser, 4230 Ingraham Highway. I was here,
as J.L. was, the day it was passed to have vendors. We didn't have vendors in
the Grove before then. We have vendors now because a City of Miami employee,
who I will leave unnamed, got up before this... not you all, but the body, and
insisted that he had talked to various people in the Grove. We were all just
hoopty-do-keen on having vendors in the Grove. This was an outright lie, I
told him so, standing out there. We did not have vendors in the Grove before.
I told him then, "You can't regulate them, because if you tell one he can't be
here, his lawyer is going to say the next one is here." I am not going to
say, have them or not, but I'd like to bring it into perspective. I've lived
here for 24 years and until that day, whatever day it was, I am sure it is in
the record. I would suggest that you all need to look it up and see that
meeting. That was the meeting at which people decided that there would be
vendors in the Grove, and there were, to my recollection, none of us present,
because it was heard before the time on that date. When I got here, it had
already been passed.
Mayor Suarez: Does she or he still work in the City?
Ms. Holshouser: Yes, he does work in the City, though I hope not in Coconut
Grove, openly, to put it bluntly, but that is the history of how vendors got
started, through an act that should never have happened, and I thank you very
much.
Mayor Suarez: Thank you, Joanne. Last statement. I can't imagine anything
new that would come of this except technical aspects of what the ordinance
might look like and we are not going to do that today.
Mr. Michael Rose: My name is Michael Rose, 2001 Secoffee Street and I want to
make a new item. The question, if you want color in the Grove, what you want
to have is artisans. Bayside brings in jugglers. They pay them $700 a
weekend. If we want color, we should bring in glass blowers, people who will
make clay, people who will paint and sell that and one artisan of each kind.
If you want color, you can do it. We can outpace anybody. Thank you.
Mayor Suarez: Thank you. OK, is there an official statement from the
chamber?
Mr. Stuart Sorg: Yes, there is.
Mayor Suarez: Because it has been given already by vice-chairman, president,
whatever.
Mr. Sorg: I am Stuart Sorg, president of the Chamber of Commerce. Let me
just say that I am not for or against this, but I'd like to ask the Commission
to take a moment and find a way to establish a procedure so we can determine
the types of vendors that fit in Coconut Grove. I don't want to lose the
flower vendors and I don't want to lose some of the hot dog vendors. I think
that is an ambience to the Grove, that's important. Many of those vendors
don't belong...
Mayor Suarez: Let me ask a question on that real quick from the City
Attorney. Can we actually engage in that sort of discrimination?
Mr. Maxwell: Yes, Mr. Mayor, you...
209 October 22, 1987
Mayor Suarez: I don't mean discrimination in the bad sense, I mean
distinction.
Mr. Maxwell: I understand, Mr. Mayor. We do that downtown through a process,
or a procedure called the restricted vending district, so downtown, you can
only sell fresh cut flowers and foods, so it can be done if there is a...
Mayor Suarez: What would be the standard that would apply to us, Joel, if we
did that? It would be...
Mr. Maxwell: We can do it if there is a rational basis for it.
Mayor Suarez: A rational nexus, or whatever - rational basis.
Mrs. Kennedy: Stuart, let me say something along those lines, that I thought
would be a kind of compromise. San Francisco does it and New Orleans does it.
They have a not for profit organization that determines the number of vendors
and the type of vendors there should be. They tell you what you can sell, the
kind of pushcart you can have and then they charge a percentage of what they
sell, which pays only for administrative costs. That could be the solution.
j Mr. Sorg: Let me make another suggestion. When we got to the problem of the
t rickshaws, where that was the big issue for a long time. Through the Mayor
and the Commission, we chose the Chamber to put together a committee to
oversee the rickshaw operation. It has never been a problem since then. What
I am recommending is that the Chamber of Commerce, through the Mayor and the
Commission, appoint a committee to oversee the vendor situation and chose
those vendors that should be on the streets.
Mrs. Kennedy: That's what I just said.
Mayor Suarez: Well, we may do that, but not necessarily with the Chamber
because of the problem what might look like a conflict there, but anyhow, what
is the Commission's pleasure on this item? We have heard a lot more on a
personal appearance item than we usually would. We did not notify anybody
that this might result in legislation and I, for myself, would not be ready to
vote on any kind of legislation tonight, but...
Mr. Stahl: The only thing I ask is that it not go on and on for another two,
or three or four more years, as this problem has been brought to you before...
Mayor Suarez: Well, Ted, but that is not going to be resolved by what we do
now. That is going to be resolved by what we do in the next couple of weeks to
consider this.
Mr. Stahl: We are trying to work out a solution.
Mrs. Kennedy: Ted, do you think that this proposal could be a compromise?
Mr. Stahl: Let's be realistic.
Mrs. Kennedy: It works in other cities.
Mr. Stahl: It works in other cities... that I don't know, I would have to
talk to you about that because...
Mr. Chemilis: The problem is that the ordinances on the books haven't worked
and this is even a more sophisticated complex solution. If we can't utilize
the ordinances on the books...
Mrs. Kennedy: It's also a new City Commision.
Mr. Stahl: Well, you have an ordinance on the books now that is about five
pages long and nobody understands it.
Mayor Suarez: It will be even newer in about 12 days.
Mr. Stahl: Nobody understands it... not the Police Department, the merchants,
nobody understands the existing......
Mayor Suarez: Mr. Vice Mayor.
210 October 22, 1987
Mr. Plummer: Mr. Mayor, so that we can, and this thing doesn't drag out,
which is detrimental to both sides, and to everybody concerned, I would like
to see a copy of the Coral Gables ordinance and the South Miami ordinance,
which had been referred to, and I would also ask that the City Administration,
or the City Attorney's office draw up an ordinance similar to what is downtown
and have that ready for us at the next meeting and if any Commissioner wants
to give input to some kind of an ordinance to bring about to a public hearing
on the next Commission meeting, so that within the next two months, which it
does take two readings, as you know, by law, that we can bring it to some
conclusion, whether it's whatever way we rule, but let's not let it drag out
infinitum forever to the detriment of everyone and the only one that has a
good time is a the newspapers, so as far as I am concerned, I think we ought
to have a public hearing in which we can make a first reading in November and
then likewise in December and we'll come to some conclusion.
Mr. Rashid: Could I just ask that in your review that we invite you to come
out and take a direct look at us. Come this Friday and Saturday, please.
Mayor Suarez: I think we have all bought some of the things that are being
sold out there, at least, I know I have. OK.
75. REVERSE HERITAGE CONSERVATION BOARD'S DENIAL OF APPLICATION FOR
CERTIFICATE OF APPROPRIATENESS TO APPROVE EXTERIOR PAINT COLORS FOR
FREEDOM TOWER, LOCATED AT 600 BISCAYNE BLVD.
Mayor Suarez: PZ-1.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: That's why you were getting up each time as we got ready to
begin PZ.
Mr. Bernard Fogel: I am anxious!
Mayor Suarez: I thought you were ready to hit somebody with that piece of
cardboard or something.
Mrs. Kennedy: Are you representing Mr. ?
Mayor Suarez: We are not just hearing the issue of the color, are we?
Mr. Fogel: Basically, that is it.
Mayor Suarez: What's the problem with their wanting to paint it a particular
color? Our board, was Heritage Conservation doesn't like their color?
Ms. Sara Eaton: For the record, Sara Eaton, representing the Planning
Department. The Heritage Conservation Board felt that the applicant's
proposed color was not appropriate and recommended, in effect, that the 1925
color be used. The Planning Department feels that either color would be
appropriate, as both eras of history have significance.
Mayor Suarez: Supposing we were to be nasty about the color and they decided
not to do the renovation at all, because we don't let them do the color they
want? That would really be bad, wouldn't it? The only difference in the
color is as we see here?
Mrs. Kennedy: That's it.
Mr. Fogel: Yes, sir.
Mrs. Kennedyt They are indistinguishable, almost.
Mayor Suarez; May I suggest we are probably wasting everybody's time by
getting into this argument?
Mr. Plummer; I've got to tell you something. You mean to tell me that you
had to go through the expense, the time and the effort, take up these people's
time, my time, and that is what we are here about?
211 October 22, 1987
Mr. Fogel: Well, I'd like to take minute and explain it.
Mayor Suarez: You want to tell us about your project.
Mr. Fogel: No, I want to tell you about the process that we went through.
Mr. Plummer: No, I don't want to hear that!
Mayor Suarez: No, no!
Mr. Fogel: No, the process of why we are determining the color.
Mrs. Kennedy: But you know, let me just tell you, I have to agree, we have so
many other important things than to waste time on a color. We have to worry
about the preservation of the building, we have to worry about the historic
value. I think they should go back to the Historic Conservation Board...
Mayor Suarez: Let me figure out which is the color. Which is the one you are
recommending. Hopefully, that one, right?... because that... the other one
begins to look like the Biltmore and that would really be a disaster.
Mrs. Kennedy: Well, that is what they are there for. It's their
responsibility is to take action.
Mr. Plummer: But it's our decision. Are you going to send him back through
the process and recycle him one more time?
Mrs. Kennedy: Because they didn't choose... it was...
Mayor Suarez: Wait, wait. Wait, before we would even contemplate that, is
there anyone here that was planning to make an objection, or... other than the
board?
Mr. Dawkins: Who is paying for it?
Mr. Plummer: Who owns the building?
Mrs. Kennedy: They are. They are paying for it. They are.
Mayor Suarez: Was there anyone that was wishing to be heard on this item, on
the issue of the color? Yes, Ma'am.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: We'll paint it the color of your hat, if you want!... if this
gets us out of here.
Mrs. Kennedy: No!
Mayor Suarez: I like that color! Pleasel
Ms. Tessie Garcia: Thank you. Thank you, mayor.
Mr. Plummer: Your face now matches your hat.
Ms. Garcia: My name is Tessie Garcia, I am an interior designer and I'm just
representing my peers and also the community. I think it is important to the
community for the building to be remembered as what we all remembered, the
landmark, as a tower of freedom - Freedom Tower.
Mayor Suarez: You know, there is another good reason, if I may interrupt...
Ms. Garcia: Right, well, you are right...
Mayor Suarez: ... you Tessie, there is another good reason for choosing that
one as opposed to that one. That one has under it the caption, •Miami Daily
News." We wouldn't want that color. The other one says, "Freedom Tower.• We
want that color.
Ms. Garcia: Right, exactly.
212 October 22, 1957
Mayor Suarez: You agree?
Ms. Garcia: I agree.
{ Mayor Suarez: You mean, you were going to do all this to agree with them?
I
i
1 Ms. Garcia: Right. Yes, I agree with them.
1
Mayor Suarez: Or just tell everybody you are an interior decorator and get a
little free advertising here?
Ms. Garcia: No, I agree with them. And the color, I just agree with them!
Mayor Suarez: Ah ha!
Ms. Garcia: Now, well, and you know!
1
Mayor Suarez: There is no one that disagrees?
Ms. Garcia: Every little bit helps.
Mayor Suarez: There is no one that disagrees? Madam City Attorney, I presume
we have discretion either way? —
Ms. Maria Chiaro: The Heritage Conservation Board...
Mayor Suarez: We know about that.
Ms. Chiaro:... denied that, so you can reverse their decision.
Mayor Suarez: Beautiful. Anything else we need to discuss on that?
Mr. Plummer: No, the Heritage Conversation..... Conservation Board voted on
the left.
Mrs. Kennedy: The Hysterical Conversation Board?
Mayor Suarez: Right, the Hysterical Conversation... something or other wanted
the left, we want the right. Anything else from anybody?
Mrs. Kennedy: Call the roll.
Mr. Plummer: For the record, and we don't have to court, the one on the right
is the same color as the one on the left, but it was done in 1921, so the sun
has faded it out to this one, so we chose the one on the right.
Mrs. Kennedy: OK, wait a second, the one on the right...
Mayor Suarez: I'll entertain a motion to that effect. Please give me a
motion.
Mr. Plummer: Shutupl
Mayor Suarez: Somebodyl Thank yowl Do we have a second?
Mr. Dawkins: I'll move it.
Mayor Suarez: What do you want to move? Do we have to?
Mrs. Kennedy: All right, I just want to... I couldn't see the sign from where
I was sitting. You see, I'm not that tall. If you want, I am ready to move
the Freedom Tower...
Mayor Suarez: No, just need a second, now.
Mrs. Kennedy: Second.
Mayor Suarez: Thank youl Any discussion, call the roll.
Mrs. Kennedy: The Freedom Tower color.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
213 October 22, 1987
Mayor Suarez: Freedom Tower color_ right.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-974
A RESOLUTION REVERSING THE HERITAGE CONSERVATION BOARD'S
ACTIONS IN DENYING AN APPLICATION FOR A CERTIFICATE OF
APPROPRIATENESS TO APPROVE EXTERIOR PAINT COLORS, PER
APPLICATION DATED JULY 6, 1987 ON FILE IN THE PLANNING
DEPARTMENT FOR THE FREEDOM TOWER, 600 BISCAYNE BOULEVARD,
LOCATED WITHIN HC-1; GENERAL USE; CONSERVATION OVERLAY
DISTRICT BASED UPON THE FINDINGS THAT THE PROPOSED 1951
COLORS ARE APPROPRIATE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
COMMENTS ON ROLL CALL:
Mr. Plummer: Eeeny, meeny, miny, moe! Yes.
Mayor Suarez: Yes, and please do the renovation as quickly as possible, we
are interested in that, not so much the particulars on it.
COMMENTS AFTER ROLL CALL:
Mr. Fogel: We will, thank you very much.
Mayor Suarez: Thank you, you were very eloquent.
76. AMEND COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING DESIGNATION OF SUBJECT
PROPERTY LOCATED AT 741-899 NW 37 AVENUE AND 3663-3671 NW 7 ST. TO
COMMERCIAL RESIDENTIAL.
Mayor Suarez: P.Z.-2.
Mr. Olmedillo: Mr. Mayor, PZ-2 and PZ-3 are companion items. This is the
second reading plan amendment and a zoning change from RG-2/5 to CR-2/7.
Mr. Dawkins: Move it.
Mayor Suarez: Moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Is there anyone here who wishes to be heard against
this application? Let the record reflect that no one stepped forward. Is
there an ordinance?
Mr. Plummer: Read the ordinance.
Mayor Suarez: Call the roll.
214 October 22, 1987
0
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR
PROPERTY LOCATED AT APPROXIMATELY 741-899 NORTHWEST
37TH AVENUE AND 3663-3671 NORTHWEST 7TH STREET (MORE
PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION
OF THE SUBJECT PROPERTY FROM MODERATE HIGH DENSITY
RESIDENTIAL TO COMMERCIAL/RESIDENTIAL USE; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10333.
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.
77. ZONING ATLAS AMENDMENT OF SUBJECT PROPERTY LOCATED AT 815 NW 37 AVE.,
FROM RG-2/5 TO CR-2/7.
------------------------------------
Mr. Dawkins: On item two, the Planning Board and the Zoning Board recommended
approval. Following the recommendation of the two boards, I move it.
Mayor Suarez: That's PZ-3?
Mrs. Kennedy: You mean item 3.
Mr. Plummer: PZ-3.
Mrs. Kennedy: I second.
Mayor Suarez: Right. OK, any discussion? Anyone wishing to be heard against
that application. Let the record reflect that no one stepped forward.
Mr. Plummer: What color are you painting it? It is a McDonalds', right?
Mayor Suarez: Read the ordinance.
UNIDENTIFIED SPEAKER: Not yet.
Mr. Plummer: Oh, not yet.
215 October 22, 1987
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 815 NORTHWEST 37TH AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
2/5 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL
RESIDENTIAL (COMMUNITY) BY MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 26 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10334.
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.
78. AMEND COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING DESIGNATION OF SUBJECT
PROPERTY LOCATED AT APPROXIMATELY 1720-1770 NW 34 ST AND 1721-1757 NW 33
ST., TO HIGH DENSITY RESIDENTIAL.
Mayor Suarez: PZ-4.
Mr. Olmedillo: PZ-4, 5 and 6 are companion items again, sir, and 4 and 5 are
the plan amendments and the zoning change.
Mr. Plummer: Move it.
Mayor Suarez: Item PZ-4 has been moved.
Mr. Dawkins: Planning Department and the...
Mayor Suarez: Yes.
Mr. Dawkins: ... Zoning recommended approval. Following the recommendation of
the staff, I second.
Mayor Suarez: Moved and seconded. Any discussion? Anyone from the audience,
public, want to be heard for or against? Let the record reflect no one has
stepped forward. Read the ordinance.
216 October 22, 1987
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY 1720-1770 NORTHWEST
34TH STREET AND 1721-1757 NORTHWEST 33RD STREET (MORE
PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION
OF THE SUBJECT PROPERTY FROM LOW MODERATE DENSITY
RESIDENTIAL TO HIGH DENSITY RESIDENTIAL USE; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 22, 1987, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10335.
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.
79. ZONING ATLAS AMENDMENT OF SUBJECT PROPERTY LOCATED AT APPROXIMATELY
1720-1770 NW 34 ST AND 1721-1757 NW 33 ST., TO RG-3/6.
Mayor Suarez: Companion item PZ-5, I entertain a motion.
Mr. Plummer: Moved it.
Mayor Suarez: Moved.
Mr. Dawkins: Since it is approved by both departments, second.
Mayor Suarez: Seconded. Any discussion?
Mrs. Kennedy: Did he,divide the rooms as we suggested?
Mr. Dawkins: I think that's item six. I think six is the one where we divide
the rooms
Mrs. Kennedy: OK. All right.
Mayor Suarez: Read the ordinance. Call the roll.
217 October 22, 1987
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 1720-1770 NORTHWEST 34TH STREET AND
APPROXIMATELY 1721-1757 NORTHWEST 33RD STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY) TO RG-3/6
GENERAL RESIDENTIAL BY MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 19 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
-I Passed on its first reading by title at the meeting of September 22, 1987, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following voto-
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10336.
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. CONTINUE APPEAL BY ALLAPATTAH BAPTIST CHURCH, TO REVIEW PERMIT OF ONE
ADULT CONGREGATE LIVING FACILITY, AT APPROXIMATELY 1700-1770 NW 34 ST.,
1701-1751 NW 33 ST. AND 3300-3380 NW 17 AVE. TO NOVEMBER 12TH.
Mayor Suarez: PZ-6 is also companion?
Mr. Olmedillo: PZ-6 is the appeal, if I may, I would like to have you hear
from the appellant first and then we can respond to him.
Mayor Suarez: Reverend.
Reverend Richard Pankey: Richard Pankey, pastor of the Allapattah Baptist
Church, 3300 NW 17 Avenue. The purpose for my appealing the Zoning Board's
recommendation of 222 residents is that I do not feel that they have given the
acceptable guidelines to follow in construction. By giving specific
measurements for a room size is out of character for any building code and
especially for the rehabilitation of a new existing structure.
Mr. Plummer: Excuse me, we have already argued this before. Why are we going
through it again?
Rev. Pankey: Because you continued it.
Mr. Plummer: Yes, but we've heard the same argument already. We decided at
this meeting that we would actually in fact go to a square footage rather than
to the number of rooms.
Rev. Pankey: OK, well, I'm asking for 150 square feet, so I don't know, and
248 residents. I didn't understand that. Do they understand that?
Mr. Olmedillos If I may...
218 October 22, 1987
Mrs. Kennedy: What are we...?
Rev. Pankey: There wasn't a square footage.
Mr. Plummer: The original request was 260 something.
Rev. Pankey: 268. I dropped it to 248.
Mr. Plummer: To 248 and they are asking for 222, but the 248 would in fact,
be covered under the 150 square feet, is that correct?
Mr. Olmedillo: From the plans submitted to the Planning Department, we have a
total of 132 rooms out of which four, eight, ten, twelve, are less than 150
feet. The ones...
Mr. Plummer: Then that doesn't comply.
Mrs. Kennedy: Does not comply.
Mr. Olmedillo: They are less. 150 feet, the only configuration that you can
apply to that is something like this. That is a 16 by something room, which
is divided by a partition at the half point mark.
Mr. Plummer: Sixteen by what?
Mr. Olmedillo: The ones that were shown in the plan were sixteen by ten,
eight. Nov, if you go any smaller than that, if you go to the 150 square foot
rooms, you are going to have less room than what is shown there. You hardly
have space for a bed, a night table and probably a chair, but going beyond
that, you are going to be crowding the space. Nov the Planning Department has
recommended, as you know, that we have one person per room. Even this will
constitute a problem under South Florida Building Code, because the South
Florida Building Code has got primary rooms, a 100 feet, for secondary rooms,
80 feet. Then, one will be a secondary room and the other one primary so you
would have to have something like 180 feet added together. The...
Mayor Suarez: Well, this is kind of a hybrid, this is really not like a
primary or secondary room. And what does that work out to be, how many feet?
Mr. Olmedillo: That works to about 80 feet per space, it is 160.
Mayor Suarez: 160 total?
Mr. Olmedillo: Right. The 150 square foot rooms seem to be very small to
have two people and have certain privacy for them.
Mayor Suarez: For myself, I have no problem with it whatsoever, I am ready to
vote on it.
Mrs. Kennedy: I can't vote for this unless you have one person per room
because these are people like my parents, that if they couldn't take care of
themselves, you know they would have to go, or let's say my mother would have
to go to a place like this and what if the other person smokes and she doesn't
smoke? You know, it is not fair to the elderly.
Mr. Plummer: Yes, but what happens if your mother and father both go here?
According to what you are saying, they couldn't go in the same room!
Mrs. Kennedy: Well, for those, that I wouldn't mind, for married people, but
not strangers.
Mayor Suarez: Also, the alternative is, a facility with many beds.
Mr. Olmedillo: No, the recommendation from the Planning Department was, if
they are related by blood or marriage, they can share a room.
Mr. Plummer: There is two and four in a room.
Mrs. Kennedy: What if they are related, by blood or marriage, I don't have a
problem with it.
219 October 22, 1987
Mr. Plummer: Just for the record, I mean, convalescent homes in this town,
they are not married and the rooms are much smaller than this, and they have
two and four to a room.
Mr. Dawkins: But that is constructed for that.
Rev. Pankey: I would like to have something a lot better than that.
Mr. Dawkins: This is a makeshift, you are making it up for this. That is a
great difference, J.L., if you start and constructed to do that, then if you
come in and rehab it.
Mayor Suarez: Guillermo, what does the number come out if we go with the
City's recommendation?
Mr. Olmedillo: The City's recommendations were 132 occupants. The Planning
Board recommended 222. Reverend Panky had requested 248.
Mayor Suarez: And what ......
Mr. Plummer: No, what he requested was 268 and he came down to 248.
Mayor Suarez: OK, if there were 220, whatever the Planning Board recommended,
what does it work out to be on a square footage basis per room? Is that the
one that you were just showing us?
Mr. Olmedillo: They didn't have any problems with the 150 square foot rooms
and above. They said 16 by anything, they would buy for double occupancy
rooms, and they come out to 222, the smaller ones.
Mr. Dawkins: What 16 by 5?
Mr. Olmedillo: No, it is 16 by 10 and above, excuse me, sir.
UNIDENTIFIED SPEAKER: Could I make a statement?
Mayor Suarez: It is 160 feet.
Mr. Olmedillo: Right, for double occupancy.
Mayor Suarez: I'd take that as a compromise, 160. It is 80 and 80 per on the
double.
Mr. Olmedillo: That will bring it down to 222, as opposed to the 248 that was
requested.
Mayor Suarez: Otherwise, we might be here arguing this for the next five...
_ Mrs. Kennedy: Yes, I would have no problems with that, but see, Commissioner
Plummer says the convalescent homes do it. This is not a convalescent home.
This is housing, Reverend.
Rev. Pankey: Right, but it is one step to it. This is not a retirement home,
like your parents. This is a home, a type two, ACLF.
Mayor Suarez: People with dependency, I mean, they have certain amount of
physical dependency.
Rev. Pankey: And legislation now has a type three ACLF. I would like to ask
the Commission to do this. Save the 160, that is fine with me...
Mayor Suarez: And let you figure out the configuration.
Rev. Pankey: As long as I do not go over the 248, because there are some
rooms that I can do that.
Mrs. Kennedy: 222.
Mr. Dawkins: 222.
Rev. Pankey: Well, what to wrong with the 248?
or
220 October 22, 1987
• t�
Mr. Dawkins: What is wrong with the 222?
Rev. Pankey: Because you are cutting out 26 people.
Mr. Dawkins: And you are putting in 48 we don't want!
Rev. Pankey: I've got a building up there. You want me to have the empty
room?
i
Mr. Dawkins: That is your problem.
Rev. Pankey: It doesn't make sense.
Mr. Dawkins: All right, let's tear it down and build a hotel.
Mr. Plummer: Well, hold on, I've got to defend...
Rev. Pankey: No, that is not practical at all.
Mr. Dawkins: Well, no, I mean, if we are going to build something that want
senior citizens to live comfortably in, let's do it right!
Mayor Suarez: Well, Reverend, you have to accept compromises in life.
Rev. Pankey: I've come from 268 down to 248, and I still got... so you are
going to have me up there with all the square footage, empty rooms, for that.
_ Mayor Suarez: No, we presume you are going to make the rooms a little larger,
is what we presume. Mr. Vice Mayor.
Rev. Pankey: Then I am going to have over the 160. I'm got some of them up to
200.
Mr. Plummer: Mr. Mayor, I am going to have to defend the 248. I am happen to
know the shortage in this town, of good accommodations. If you cut down, all
you are going to do for them to break even is up the price. I think the price
that is being offered by this facility is well within line. Every room you
eliminate, they have got to increase the price of the other rooms, 160 square
feet which they have acquiesced to, I think is a very reasonable size and here
again, you know, because of the shortage, people still have the opportunity to
say yes, I like it, or no, I don't want to go there, and I just...
Mayor Suarez: That's the factor that convinces me. I'll vote with that.
Mr. Plummer: That, I just have to...
Mayor Suarez: I don't know if you have it though, you need three votes.
Mr. Plummer: I still will defend that.
Mr. Dawkins: I am voting with the Planning Department. The Planning
Department recommends 222 and if you are voting for 248, I am going to go
against it, with the recommendation of the Planning Department.
Mr. Plummer: OK, well, let's move on, you know what the vote is. It is going
to be denied. I'll move that the 248 be accepted.
Mayor Suarez: So moved. I'll second.
Mr. Plummer: Miller, you got the Chair.
Mr. Dawkins: OK, it has been properly moved and seconded. Any further
discussion? Hearing none, call the roll.
Mr. Plummer: Well, excuse me, let's define that, even though I know it is
going to lose. That is a hundred...
Rev. Pankey; Come on, Brother Dawkins! Do that for me.
Mr. Plummer: Reverend, would you like to say a prayer before we make this
vote?
221 October 22, 1987
Rev. Pankey: I just want Miller Dawkins to go along with it. Help me out!
It is not... you can come and inspect every room, if you want to.
Mr. Plummer: That's what happens when you deal with a Commissioner that isn't
a Baptist, right?
Rev. Pankey: I know, I know, what can I say?
Mr. Plummer: All right, let's clear the record. It is 160 square feet
minimum, for a room not to exceed 248, is my motion.
Mr. Pierce: Mr. Vice Mayor.
Mr. Plummer: Sir.
Mr. Pierce: Just for the record, your motion then, is to overrule the Zoning
Board?
Mr. Plummer: That is correct, sir.
Mr. Pierce: OK.
Mr. Dawkins: No, overrule the Planning Board... the Zoning Board voted, yes,
and overrule everybody. Everybody!
Mayor Suarez: Except the Lord.
Rev. Pankey: Except the Lord.
Mr. Plummer: I don't have to worry about those heathens in the lower boards.
Dawkins, when you walk out of here after voting "no" and the lightning comes
down, I don't want you to be near me.
Mayor Suarez: There's trouble.
Mr. Dawkins: Call the roll.
MOTION FAILS. FOREGOING MOTION, duly made by Commissioner Plummer
and seconded by Mayor Suarez, failed by the following vote:
AYES: Vice -Mayor J.L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
ABSENT: Commissioner Joe Carollo
COMMENT MADE DURING ROLL CALL:
Mrs. Kennedy: Don't worry, Dawkins, if the lighting goes down, it will hit me
too.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Try for something else please, somebody.
Mr. Plummer: Your 222.
Mayor Suarez: OK, I entertain a motion to that effect.
Mr. Plummer: No, you don't have well...
Mrs. Dougherty: Yes, you do.
Mr. Plummer: Oh, you have to do the reverse?
Mr. Dawkins: I'll move for the 222.
Mayor Suarez: So moved.
!Mrs. Kennedy: I'll second.
222 October 22, 1987
Mayor Suarez: Seconded. Any discussion?
Mr. Plummer: OK, hold on now, whoa. Let me stop. Madam City Attorney, I am
not in favor of the 222, but what happens if I vote negative on the 222, he
has nothing?
Mrs. Dougherty: That is right. It is just... you have to come back
automatically. It takes an affirmative vote of three to take any action so
nothing happens.
Mr. Plummer; So, in other words, then he would have no facility at all, if I
voted no on that motion?
Mrs. Dougherty: Not until it comes back again.
Mr. Pierce: He could then withdraw his appeal and have the 222.
Mr. Plummer: I wonder if Carollo, is Baptist? Would my colleagues reconsider
the last vote and consider a deferment?
Rev. Pankey: Please.
Mayor Suarez: Deferment?
Mr. Plummer: Well, you got to reconsider the last vote before you can ask for
a deferment.
Mrs. Kennedy: Oh, sure, I'll consider a deferment.
Mr. Dawkins: You know, I would love that, because, there is no sure thing
that you or Carollo will be here!
Mr. Plummer: And with the Reverend's prayer, you might not be either!
Mayor Suarez: Do you prefer a deferral at this point than to go for the big
222?
Rev. Pankey: I think Mr. Dawkins can see through this.
Mr. Plummer: You want a month to work on him?
Rev. Pankey: I want to work on him.
Mr. Plummer: I'll make a motion. Well, I can't...
Rev. Pankey: No, no, go ahead. I'll live with... I'll do it. I would like
to compromise between 222 to...
Mrs. Kennedy: Reverend, you know, there is a need for more housing in our
community.
Mr. Dawkins: Wait for Carollo. We don't know how he is going to vote. You
don't know what he is going to do.
Rev. Pankey: Yes, but I don't want you... you know, I don't want to go
against what you folk want.
Mr. Dawkins: No, no, no, see...
! Rev. Pankey: I've been through this for seven or eight months doing
everything...
Mr. Dawkins: See, that is why... look, you are entitled to a full Commission,
Reverend. So, don't take... I mean, wait for the full Commission, you are
entitled to a full Commission.
t
Mrs. Kennedy: And all I am saying, think about it. You know, there is a
need, as Commissioner Plummer says, to create more housing. Ne are all aware
of that, but these people are not senile, they are just old people who cannot
afford it.
223 October 22, 1987
Rev. Pankey: No, no, they are, Rosario. I keep saying, ACLF type two, and
nobody listens to that. They keep... there is an ACLF type one, type two and
type three, and nobody will listen to the type!
Mayor Suarez: And they have a choice. Their families can either take them
there or not, if they don't like it.
Mr. Dawkins: And if Ferre gets elected, he got much more pull with us up
there. He'll get us all to vote for it.
Mrs. Kennedy: All I am saying is that except when they are related, they
should have the dignity to live by themselves in their own room.
Mayor Suarez: Are you trying to ruin my evening?
Mr. Dawkins: Yes, defer it, defer it.
Mayor Suarez: OK, we've got...
Mr. Plummer: Let me try it my way in nomine padre.....
Mayor Suarez: Anything! I'll try a deferral, I'll try a 222, 223, 224...
Mr. Plummer: I'd like to give him the opportunity to have the deferral.
Mrs. Kennedy: Of the whole Commission, sure!
Mr. Dawkins: OK, continue, I second.
Mayor Suarez: Moved and seconded for continuance until November 12th, right?
Mr. Plummer: Yes.
■ Mayor Suarez: Any further discussion? Call the roll.
_ Mr. Dawkins: And when you come back, have us some figures that look better
than that, that shows us the configuration for the 238, 248, 222, and see what
it looks like.
Mr. Plummer: The motion on the floor is to reconsider.
Mr. Dawkins: We pay too much money for you guys to bring something as sloppy
as that up.
Rev. Pankey: And I paid too much money to go through all this process and not
getting my work finished.
Mr. Plummer: Yes, but these guys will feel a little different. They will have
the Christmas spirit by then and...
Mayor Suarez: The seasonal spirit.
(NOTE FOR THE RECORD: MOTION 87-975, WHICH WAS TO RECONSIDER THE LAST VOTE
WAS PARLIMENTARY UNNECESSARY BECAUSE THE PREVIOUS VOTE FAILED. THEREFORE, SAID
MOTION WAS NOT WRITTEN.
Mr. Plummer: I now move to defer.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: To continue.
Mayor Suarez: To continue to November 12th. Any discussion? Call the roll.
224 October 22, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-976
A MOTION CONTINUING AN APPEAL BY ALLAPATTAH BAPTIST CHURCH
TO REVIEW PERMIT OF ONE ADULT CONGREGATE LIVING FACILITY
AT APPROXIMATELY NW 17TH AVENUE AND 33 STREET TO THE
NOVEMBER 12, 1987 COMMISSION MEETING; FURTHER INSTRUCTING
THE ADMINISTRATION TO BRING BACK FIGURES AND DIAGRAMS
DISPLAYING THE FACILITY WITH 222 RESIDENTS, AS RECOMMENDED
BY THE ZONING BOARD, AND 248 RESIDENTS, AS REQUESTED BY
APPLICANT.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
81. AMEND COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING DESIGNATION OF SUBJECT
PROPERTY LOCATED AT APPROXIMATELY 150 NW 35 ST., TO GENERAL COMMERCIAL.
Mayor Suarez: Item PZ-8.
Mr. Olmedillo: Seven and eight again are companion items.
Mayor Suarez: I'm sorry, item 7.
Mr. Olmedillo: Seven is the plan amendment and the eight is the zoning change
from CR-3/7 to CG-1/7, which is a liberal commercial district. The concern of
the Planning Department was the intrusion into the neighborhood, bringing the
liberal commercial into a residential area which is an RG-1, a duplex area.
This is the second reading, sir.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Plummer: Moved for what?
Mayor Suarez: Approval.
Mrs. Kennedy: Move to approve it. The man didn't come in.
Mr. Plummer: Is there anybody here as an applicant?
Mayor Suarez: Is there anyone that wishes to be heard against this
application? Paul?
Mr. Plummer: This is Allapattah. Well, let's hear it, before...
Mayor Suarez: We may as well, yes, because you are going to look like you are
the lone objector here, the lone dissenter.
Mr. Paul Collins That's perfectly all right. I've been a loan objector many
times up here. If you all look... as you go through the rest of the evening,
you are going f ind out that some 60 or 70 percent of the items that you are
going to consider today are changing... oh, Paul Collins. I live at 2232
Lincoln Avenue —are changing residential area from residential to residential
commercial mixed, or residential commercial to pure commercial. Now once
225 October 22, 1987
again, we are destroying a valuable resource in the City of Miami and we have
deferred probably the most important one, the one that is about a block and
one-half from my house, because it is probably not politically expedient to
consider it tonight. I, without even knowing anything about this particular
area, when it says we are going to change from residential to commercial, I'm
against it. We don't have city planning in the City of Miami. I was up in
Chicago not too long ago discussing some of the problems you have in the City,
and I mentioned zoning, and he said, "That's a laugh." He said, "You don't
have zoning in the City of Miami," and if you look at tonight's agenda, you
can agree. It is not right that we continue to destabilize our
neighborhoods. I don't know whether you all considered this, but as soon as
you change from resident to resident commercial, you have moved an area of
instability, you have moved a buffer zone over one block. Now, nobody in that
adjoining block, nobody here, nobody with good investment sense is going to
Invest their money and property in a buffer zone... residential money. They
are not going to improve a residential piece of property if they know the City
will continually rezone that commercial and continually move these buffer
areas and spread, like a cancer, the buffer zones into a good residential
neighborhood. And you can see from here they are good residential
neighborhoods, all around there, and what it does, it creates instability. It
is not good City planning. Any good City planner will tell you that you have
to create stability. No wonder these places fall into deterioration, because
nobody is going to invest their money when there is no hope of that place
being stable and maintaining its value and not only... you will hear me on the
other items here tonight too, but I...
Mr. Plummer: Paul...
Mr. Collins: Yes, sir.
Mr. Plummer: ... let me ask you a question. You know, I know you from the
Grove, right? Have you seen this location?
Mr. Collins: No, sir, I have not.
Mr. Plummer: OK, well, let me just draw you a picture, because I had a friend
who owned a store right here. This is all right now commercial, OK? He owned
a pharmacy there. Now, the other portion of the residential area that you
speak of, the only thing you could build in a whole row of stores that
presently exist, is duplex, and Paul, that is not conducive to that street.
35th Street is a commercial street. There are drug stores in there, I think
there is a warehouse in there. You know, it is not the same. I know the
argument that you make, but it doesn't exist, that argument, in this
particular street. That street is already built with commercial. It has been
for 20 years. Cotton's Pharmacy, who was very close to my father, had a
pharmacy right there and one of these stores that is cross hatched, and I
can't envision anybody wanting to build a duplex to live there in that
particular street. Your argument is sound. I don't think it applies to this
particular street.
Mr. Collins: I stand corrected, J.L.
Mr. Plummer: OK, but for my benefit, Paul, go look at it and you will know
exactly what I mean. Did you move item 7?
Mrs. Kennedy: Yes.
Mr. Plummer: I second item 7. Is the pharmacy still there?
UNIDENTIFIED SPEAKER: I am not sure, Mr. Vice Mayor, whether or not the
pharmacy is there.
Mr. Plummer: But it was there it was Cotton Pharmacy for years.
Mrs. Dougherty: This is an ordinance.
Mr. Plummer: No, excuse me, for the record, Mr. Piece, the other one is
across the street where Live and Let Live is. That's the one we made the loan
on.
UNIDENTIFIED SPEAKER: Also, Mr. Vice Mayor...
226 October 22, 1907
•
Mr. Plummer: By the way, that is going to be dedicated in the next two weeks,
or the next week. They have really put that thing together.
Mayor Suarez: You might want to show those pictures to Paul Collins at some
point, not necessarily now, but.., it doesn't look like much out there, Paul.
Just about anything is an improvement.
Mr. Plummer: But it is commercial.
Mayor Suarez: Yes. Any further discussion? Do we have a motion?
Mr. Plummer: Read the ordinance. It was moved and seconded.
Mayor Suarez: Moved and seconded. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY 1500 NORTHWEST 35TH
STREET (MORE PARTICULARLY DESCRIBED HEREIN) BY
CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM
COMMERCIAL/RESIDENTIAL TO GENERAL COMMERCIAL USE;
MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 22,
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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plilumer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
COMMENTS MADE DURING ROLL:
Mr. Dawkins: I don't see all this on 35th Street between 15th and 16th, on
the drug store and all that. I don't see that, but I do feel that we need to
try to extend the commercial from 36th to 35th Street so that we can redevelop
36th Street, so I'll be voting yes.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10337.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
82. ZONING ATLAS AMENDMENT OF SUBJECT PROPERTY LOCATED AT APPROXIMATELY 1500
NW 35 STREET, FROM CR-3/7 TO CG-1/7.
--------------------------------------------------------------------------
Mayor Suarez: Is there a companion item?
Mr. Olmedillo: Yes, sir, PZ-8.
Mayor Suarez: OK, I will entertain a motion on that, changing the zoning
atlas?
Mr. Plummer: Move it.
Mrs. Kennedys Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
227 October 22, 1987
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 1500 NORTHWEST 35TH STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM CR-
3/7 COMMERCIAL RESIDENTIAL (GENERAL) TO CG-1/7 GENERAL
COMMERCIAL BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 20, OF SAID ZONING ATLAS
MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of September 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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10338.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
- 83. AMEND COMPREHENSIVE NEIGHBORHOOD PLAN AT APPROXIMATELY 2575 SE 27 AVENUE
FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL RESIDENTIAL.
Mayor Suarez: Item PZ-9.
Mr. Olmedillo: PZ-9 and 10, again, companion items. PZ-9 is a plan
amendment. PZ-10 is a zoning change. You will find in the projection that
the applicant owns the lots in blue which is the frontage on 27th Avenue. This
elongated lot, which is the yellow one, projects into a single family
residential neighborhood. The Planning Department is concerned about the
intrusion of the use into the residential district and has stated the position
by recommending denial of both plat amendment and the zoning change.
Mr. Plummer: I've got to tell you Mr. Mayor, I've sat on this board now for a
total of 21 years and I have never seen a problem like this one here. Th:-.s is
a piece of property that is inside and does not touch the outside of the block
any way, shape or form. I've just never seen an application like this.
Mrs. Kennedy: Guillermo, the Planning Department recommended denial, but I
understand that then they cleared all the problems.
Mr. Olmedillo: They have a covenant on record. There is a letter, which
are...
Mrs. Kennedy: Right, I have it - 45,000 for...
Mr. Dawkins: But the Planning Board and the...
Mrs. Kennedy: ... Parks and Recreation Trust Fund for child care.
Mr. Dawkins: ... Zoning Board recommended denial, right?
228 October 22, 1987
0
•
Mr. Olmedillo: Yes, sir, 6-3 and 7-2 vote, respectively. You have...
Mr. Plummer: Well, put on the record, and maybe the applicant will do it, and
I shouldn't be making his speech - that which he is proposing to do with that
piece of property, he could not do any other way than a zoning change. What
he wanted to do, was, as I remember, use it for parking, and as such, he was
trying to use a transitional use, would only extend 100 feet, and the only
opportunity he had to use the entire thing for parking was the change of
zoning, which he really didn't want, but he was forced into that because that
was the only way it could be done. As I remember, what was it?... the first
hundred feet is transitional?
Mr. Olmedillo: Yes, sir.
Mr. Plummer: So that was the only part of that property that he... actually
the application is not... oh yes, for the change of zoning, it is for the
whole length.
Mr. Olmedillo: For the change of zoning, yes, sir.
Mr. Plummer: Because the first hundred feet is a permissible use for zoning
already. This is unique, I've got to tell you.
Mrs. Kennedy: Yes.
Mr. Plummer: It is weird! It is very weird, I didn't even know we had a
piece of property like that, that doesn't touch a street.
Mr. Olmedillo: It does have an access through the alley from...
Mr. Plummer: Well, it has an access, but it doesn't touch the street in any
way?
Mr. Olmedillo: Right.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: What?
Mr. Olmedillo: Well, the lot faces 27th Avenue.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Yes.
Mr. Dawkins: Well, why would the Zoning Department and the Planning
Department deny this application when the guy is attempting to utilize a piece
of property that he can't do nothing with?
Mr. Olmedillo: Well, he can build a single family home and he can... in that
particular piece of property.
Mr. Dawkins: How can he get to it, sir?
Mr. Olmedillo: There is an alley running north from 26th Street.
Mr. Dawkins: How many square feet is in there?
Mrs. Kennedy: Guillermo, would you build a home there?
Mr. Dawkins: How many square feet is in there?
Mr. Olmedillo: Let me check it, just one second.
Mr. Plummer: Yes, a very large home!
Mr. Olmedillo: It is 75 by about 300 feet.
Mr. Plummer: It would take you six days to mow the grass!
229 October 22, 1987
Mrs. Kennedy: Guillermo, I asked you a question. Would you build a home
there?
Mr. Olmedillo: Yes, Ma'am. I don't own the property.
Mr. Plummer: No, he wouldn't buy the lot in the first place.
Mr. Olmedillo: I wouldn't buy it. Yes, that is the right answer.
Mr. Dawkins: No, I mean, I want to vote with the Administration, because you
both voted to deny it, but, here is a guy he has got a piece of property, he
can't do nothing with, and he is trying to do something with it and we are not
working, in my opinion, with him. We are just putting obstacles in his way
and like you say, who in the hell could build a single family home in there?
Mr. Olmedillo: I think if you hear the applicant's case, maybe you can see
how it has evolved.
Mr. Dawkins: And maybe I can agree with you? OK, let's hear your case.
Mayor Suarez: Not advised.
Mr. Tom Dixon: My name is Tom Dixon, I am the applicant and the trustee -owner
for the property.
Mayor Suarez: Let me just check, Mr. Dixon. Is there anyone wishing to be
heard on this item in opposition? OK, then you had better make your
presentation.
Mr. Dixon: Thank you. This property is located at 2575 SW 27 Avenue. You
will see the area that is in yellow is the property of which we are actually
applying for the rezoning and the Commissioner is correct, we wanted to use it
for surface level parking and that was our intent from the very beginning. We
also own the property that is in blue, which adjoins the property which is in
yellow. The site itself, right now, is the rear portion of a single platted
lot, that it is split by zoning, 94 feet from SW 27 Avenue. The westerly
portion is zoned CR-2/7, where she is pointing to right now. The easterly
portion, which is the portion... the application is zoned RS-2/2 residential.
Currently, the property, that is, the portion to the east and west, is
improved with a two-story, twelve unit apartment building, approximately on
the blue portion, right there. A third of the yellow portion is currently
being used as a parking lot in conjunction with the apartment building that is
currently there. The remainder of the site is vacant, has grass and trees on
it. Right now, under the current zoning, if we did not own the portion in
yellow, we could build a 50,000 square foot building on the portion in blue.
The portion in yellow, as the Commissioner points out, could be developed with
a single family residence on a lot that is 75 feet by 355 feet that you could
not sell, because it does not front on a public street. It is a very unusual
shaped parcel of land. We are proposing to create a development that would be
only in the portion that is blue, which is zoned CR-2/7 currently, with the
portion that is in yellow, being used for a surface level parking lot in
conjunction with the structure that is build on the front. It is our intent,
and as you can see from the drawings, to build a six -story building. The
first floor would be neighborhood retail, the second floor would be offices
and the upper floors would be four floors of moderate income rental housing, a
total of six floor building... six story building, facing 27th Avenue.
Mayor Suarez: What structure do you have immediately to the north of the
blue?
Mr. Dixon: There is immediately to the north of the area that is blue, a one-
story commercial building. The owner of that building was here and he approves
the rezoning. If we are denied the rezoning to build the maximum sized
building there, we would and up having to build a nine -story building with
three floors of parking on the ground level. It is our intent to build, an
award winning, as you can see from the sketch, building that is going to be
one of the first mixed used building in this area of SW Miami. It is a unique
piece of property.
Mayor Suarez: What is the mixed use?
230 October 22, 1987
Mr. Dixon: Mixed use is, it is going to have residential on the upper floors
and it is going to have retail on the lower floor. That is the mixed use,
which is the purpose behind the CR-2/7 zoning category, commercial/residential
mixture. There was a concern by the Planning Department and by the Zoning
Board that we were going to have intrusion into a residential neighborhood, of
a commercial usage, and as I presented to the Planning Board and the Zoning
Board, I have proffered a restrictive covenant to prohibit any structure other
than the required six foot wall around the parking lot and to use the property
for parking. They were instructed by legal counsel that they could not hear,
nor take into consideration the restrictive covenant. You have, as part of
your PZ-10 item, a copy of that restrictive covenant, which I will go through.
We originally had requested a rezoning without a restriction of the size of
building that could be build on the overall property. After meeting with the
neighbors in April, June and as recently as last Thursday, we have reduced, by
restrictive covenant, the size of the building, to a total of 50,000 square
feet. Again, remind you, that is...
Mayor Suarez: If we had not approved this, you would have been able to build
how many?
Mr. Dixon: 50,000 feet. We are not building any bigger buildings, then if we
didn't even own the part in the rear, but what it does...
Mayor Suarez: But you would have had to put parking in the structure.
Mr. Dixon: On the first couple of levels, which is going to ruin the view
from 27th Avenue and then the question is what do you to the property to the
rear?
Mayor Suarez: Any particular reason why the person to the north of your
property here has only a one story structure.
Mr. Dixon: It is an older... it is a converted house.
Mayor Suarez: How about to the south?
Mr. Dixon: Well, to the south we own the property in blue.
Mayor Suarez: What's there?
Mr. Dixon: It is a one story, eight unit, older apartment building. Now,
after the denial, that is denial from the zoning and planning, we have
decreased the size of the building, we have modified the restrictive covenants
to maintain low level lighting so there is not going to be lighting spilling
over into the neighborhood. We have met with Miriam Meer, the Assistant City
Attorney to prepare these restrictive covenants. She has reviewed them. We
voluntarily have offered a donation to the City, of $5,000 to the Parks and
Recreation Trust Fund. My wife has read about Rosario Kennedy's impetus on
child care and we are more than happy to earmark that for a child care
facility within the City. We also...
Mr. Dawkins: You said recreation, now you are saying child care.
Mr. Dixon: No, sir, it goes to the City of Miami Parks and Recreation Trust
Fund and that is where it ends up being allocated to the child care. It comes
through the Parks and Recreation Department Trust Fund, I understand.
Mr. Dawkins: OK. I'm going to tell all of you and I'm going to tell you
before you come down here again, OK, I've got inner-city parks that need help
and when you all just pick day care to put your money in, you lose my vote.
That is just one vote.
Mr. Dixon: OK.
Mr. Dawkins: Spread it out. Don't just throw it all in one pot, OK?
Mr. Dixon: OK.
Mr. Dawkins: All right.
Mr. Dixon: There is also around the property, we are going to put a six foot
buffer zone on the northeast and south sides of the property. We are going to
231 October 22, 1987
have a six foot solid masonry wall, separating the parking from the adjoining
residential property. We are going to have a landscape plan, basically as you
see, and this landscaping plan will permit us to retain most of the trees that
are currently there. We will have to remove some of the older trees. We have
met with Janet Gavarrete from the City of Miami to go and look at each tree
that needs to be removed. We've looked at the parking lot layout to try to
maintain these trees and as a result of the reduction and the size of the
building, we have 16 more parking spaces that are required by code. We are
going to record, and you have a unity of title tying the yellow portion and
the blue portion of the property together. We, at the request of the City,
prepared a one foot zoning buffer all the way around the property, so that no
adjoining property owner can ask for a rezoning, because they adjoin the
commercially zoned property. As a result of this, I would like to show you
what has happened to that chart that shows the objecting neighbors, because
now, watch how the colors change as a result of the meetings that we have had
and the efforts that we have made to try to resolve the differences with the
neighbors. Notice the areas that are in dark. Those are people who now
approve, who were, in some cases objecting prior to our meeting with them in
trying to resolve these differences. The surface level parking is the only
reasonable and feasible use. It is one step above nothing, and right now,
there is nothing there. We are not increasing the permitted density on the
overall site.
Mayor Suarez: Mr. Dixon.
Mr. Dixon: Yes.
Mayor Suarez: I have a feeling it is better at this point if we hear from the
objectors.
Mr. Plummer: You'll have rebuttal.
Mr. Dixon: Thank you.
Mr. Eugene Leon: My name is Eugene Leon. I live at 2615 - 26th Street,
number five. We don't have money to give to the... you know, like he pointed
out.
Mr. Dawkins: Your taxes support the inner-city parks, don't worry.
Mr. Leon: Right now, we are there quietly, very peacefully. Most of the
people in the other chart though was there are voting against this.
Everything sounds very nice, very pretty, beautiful building, award winning,
that is fine. The thing is, right now, where there is only 20 apartments
there. Now, I am not talking about dead part, that brown part, that is
besides the point. If they are going to put 30 or 40 apartments, retail
stores, offices, there is a school up there with a bunch of kids walking up
and down, there is night school, a lot of traffic, a lot of loitering, a lot
of littering, a lot of things, you know, we are tripling the density, we
wouldn't be able to park on the street. We don't mind doing something on that
spot, something that is, you know, is not as gigantic as this. The alley next
to my lot, number five, that is supposed to be like an in, out. Kids walk
right by there and we have been trying to reach some kind of an agreement in
which...
Mayor Suarez: But, they are not going to use that for ingress and egress, are
they?
Mr. Leon: Yes.
Mayor Suarez: Well, I am seeing "no" here and you are saying "yes." They are
going to build in some sort of a...
Mr. Olmedillo: Excuse me. For the zoning change, they don't have to show us
any plans, because you are giving them a zoning change, a zoning category,
that is, if you change the zoning, and that has no plans attached to it, so at
this point, we don't know if they are going to have an access through it or
not. They are entitled to an access.
!Mayor Suarez: But how wide is that alley, there?
Mr. Olmedillo: It is a ten foot alley.
232 October 22, 1987
Mayor Suarez: And that could theoretically be used for automobiles to be
driving through there to that property, to the parking facility, as opposed to
having it come on 27th Avenue?
Mr. Olmedillo: Well, logically...
Mayor Suarez: The 10 alley that is there?
Mr. Olmedillo: Logically, you would try to put it on the 27th Avenue side,
but they are entitled, because it is public alley, therefore you have access,
free access to it.
Mr. Plummer: Access for who?
Mayor Suarez: Wait a minute now, which way would the cars go?
Mr. Olmedillo: In and out 27th Avenue, or in 27th Avenue.
Mayor Suarez: Well, if they use the alley, which way would they go? Would it
be a one way alley for cars? Or what happens if two cars met?
Mr. Olmedillo: One has to back out.
Mr. Dixon: (OFF MICROPHONE, INAUDIBLE)
Mayor Suarez: Not if we can prohibit you from doing that way, but you had
better come up with something better than that at some point, otherwise you...
Mr. Dixon: (OFF MIKE) The building would be located right here, and we are
providing to have entrance and exits on the end of the property...
Mayor Suarez: I would certainly hope so.
Mr. Dixon: ... and have a secondary entrance or exit through this alley. The
discussion with the neighbors was that they would prefer to have both
entrances and exits off 27th Avenue, but to do that in the flow of traffic,
you would have to have an entrance here, come around the building and exit on
= this end. The problem with doing that is, that if you are exiting out of this
property in this direction, and you recall, on 27th Avenue, it is a divided
median. The traffic, if we are going to go south, would proceed north, make a
u-turn on 27th Avenue which is not logical. What they may do, is make a right
turn, come around the block, make another right turn, go over to here and then
turn and go this way. Now, what we...
Mayor Suarez: OK, you are going to use it as a one-way driveway.
Mr. Dixon: Yes, it is a 20 foot wide alley. Now, what we have asked...
Mayor Suarez: Wait, wait, that is not what they just told us.
Mr. Dawkins: They said nine.
Mayor Suarez: That said 10 feet, you are saying 20.
Mr. Dixon: I believe it is a 20 foot alley.
Mr. Olmedillo: Right now it is a 10 foot alley. When I went to the site, it
seems that part of the alley is taken up by a fence, but what is there is a
ten foot alley. It might be a 20 foot alley in the...
Mr. Pierce: Let's make sure of that. It is a 20 wide alley with ten foot wide
driving surface . That is the difference.
Mr. Dixon: Mr. Mayor, it is a 20 foot alley and Mr. Leon will agree that he
_ has built his fence on portion of that alley, OK? It is a public alley, it
is 20 feet wide. Now, what we have suggested is, that a sign be placed on
this corner, making it a right turn only, so that traffic exiting out of this
alley would be forced to make a right turn, not come into this residential
area here, but it is a 20 foot alley that is coming through here, so we try
the best we possibly can to answer the objections of the neighbors. Number
one, we have maintained the flow of traffic through here. If we can put a
right turn only, it moves traffic out this way.
233 October 22, 1907
Mayor Suarez: Well, the only interesting thing out of all this, I suppose, in
view of the explanation you have given us, assuming you do that, is you are
going to get the use of an alley as a regular street and you are not going to
pay anything for it and I sure that alley was there for some other reason over
the, you know, the last...
Mr. Leon: The alley right now has got trees and just grass.
Mayor Suarez: Yes, it was probably to be used for emergencies, or picking up
of garbage, or some kind of special vehicles. I don't...
Mr. Pierce: No, it generally part of the circulation plan to give secondary
access to the properties that are adjacent to the alley. That's the reason it
is there, it is not for any emergency, so...
Mayor Suarez: I'm sure, if they all of this, it is going to end up being a
private driveway for them. Nobody else is going to want to use it, that is
for sure.
Mr. Leon: We've got a bunch of kids coming from that school, our kids play
right there. That is going to be.. everybody is going to... if you put a
right -turn -only sign, you know they are not going to respect that! That is
going to be, I mean, somebody...
Mayor Suarez: Anything else from you, or the other objectors, please, so
we...
Mr. Leon: Basically, the majority of the neighbors are voting against this
whole thing. This was a long time ago here proposed some time ago, but if we
want to reach some kind of agreement, we've got to get rid of that 26 exit, or
else we are just going to vote no, I mean, against everybody, I mean. We
could bring everybody's signature here, except...
Mayor Suarez: You wouldn't want it as an exit or an entrance, either way?
Just not use it at all for...
Mr. Leon: There is a bunch of kids right up Silver Elementary school. My
kids play right there, I wash my car right there. You know, anybody, they are
going to drive wild out of that street there.
Mr. Dixon: You've been using this alley for a number of years.
Mr. Leon: Nobody uses that alley. That is not...
Mayor Suarez: Not if it's got grass on it.
Mr. Dixon: That is your fence... you fence is on the alley, right?
Mr. Leon: My fence is on the alley, because when I bought that house nine or
ten years ago, the lady that lived there... that was City property, the lady
that lived there had sprinklers on it, and if I was taking care of the yard
and the trees there now, I mean, you can drive through that alley, but I say,
"Well, what the heck, I am going to take a little bit from the City and I put
my fence up." I've been taking care of it.
Mr. Pierce: Did he take a permit?
Mayor Suarez: The old, "Take a little bit of their strip while they are not
looking" trick! OK.
Mr. Leon: But, there is only one parking spot for the apartment right next to
it. That alley, nobody drives through, nobody. Only people walk back, the
kids walk back and forth; the kids play there and my cat plays there too.
Mayor Suarez: Anyone else from the objectors? You have been all over the
City today, Paul.
Mr. Paul Collins: My name is Paul Collins. I live at 2232 Lincoln Avenue in
Coconut Grove. The thing that bothers me about this particular application,
as has happened many times in the past, the man comes up here with good
intentions and based on his good intentions, you... well, this is a good idea,
234 October 22, 1987
it is going to improve the neighborhood, and all that and you give it to him
and he pleads poverty, so to speak, because he has this piece of unusable
land. Let's look at facts in the face you know, why did he buy a piece of
unusable land? I think if he wants to do something really creative he ought
to give it to the residents for a park. What he is trying to do is get a
higher... to build a bigger building, make some more money, you can't deny
that. But if you make... if you go through with passing this ordinance, he
don't have to build this building. He doesn't have to do a darn thing. He
can sell the property, and what is happening to all the neighbors, they do
longer have this codicil that he made to the City. I just think from
practical purposes you should never consider anything like this, when it has
such an impact, can have such an impact, that he can drop dead tomorrow and
you guys are stuck with it!
Mayor Suarez: Well, the agreement he makes with the City will be in effect,
regardless of what he does, Paul. That's the one thing I disagree with what
you are saying.
Mr. Dixon: The restrictive covenant, it ties up the property. If I don't own
it, if I die tomorrow, that restrictive covenant lives for 30 years.
Mayor Suarez: Yes, that is the only thing, but the rest of what you said...
Mr. Collins: And then the other thing is you could...
Mayor Suarez: ... makes sense.
Mr. Collins: ... very well dedicate the rest of it to the City and leave that
100 feet and rezone it according to the -zoning.
Mayor Suarez: Thank you, Paul.
Mr. Lorenzo Grau: My name is Lorenzo Grau, 2559 SW 26th Street.
Mayor Suarez: Move the mike a little closer to you.
Mr. Grau: In the previous zoning board, I came to say the same thing. I
bought that house in 1977 because of the privacy, you know. That, and the
safety of the kids and this way, you know, there is an entrance to 26
Street, you know. It is going to be not only for my kid, but the whole
community is in danger. We were talking the other day in reference of that
with Mr. Dixon and he says it is extremely dangerous that exit and entrance on
27 Avenue, but it is more reason, it is dangerous when there are kids and
they are not adults in the streets and they have to be more careful. That's
all I want to say.
Mr. Thomas Hogue: Yes, I am in favor of this rezoning. My name is Thomas
Hogue, I live at 2514 SW 25 Terrace. My grandmother is also a resident there.
She has lived there since 1921. On behalf of several Stewart Park
residents, I would like to thank Mr. Dixon and his associates for the sincere
efforts in negotiating the fair and equitable solution to the Virginia Park
issue. They have relieved the neighbor's anxieties of crime, overflow of
parking, littering and further expansion, which occurs quite naturally when
there is a proposed physical change in the neighborhood. The issue of crime,
littering, parking, there will... there now, there will be barrier between the
neighbors and crime, the criminal element. There will be also, by building a
wall there, people will not be able to litter in that area no longer and
inside the barrier will be ample parking for the proposed project, so I can't
see any reason for the City Commission to deny this petition.
Mayor Suarez: Thank you for your statement.
Mrs. Erma Merchant: My name is Erma Merchant, I live at 1931 SW 33 Avenue.
Thank you for allowing me the opportunity to speak in favor of this proposed
new building. I have lived in Miami since 1945 and I have seen our City grow
In international importance. In every major city in the country and in the
world, you can find samples of mixed use development. With the ever
decreasing availability of land within our City, we must continue to find new
uses for our existing land to allow for a larger tax base. If not, we will
all be faced with increasing real estate taxes and increasing user fees. I
can understand the hesitancy of the neighbors over this new building and the
parking lot. I live in the Coral Gates subdivision, which will be greatly
235 October 22, 1987
affected by the construction of the Miracle Center Shopping Center in Coral
Way. When my neighbors and myself first heard of the proposed development, we
too were concerned about increased traffic and noise and the disruption of the
center will bring to our neighborhood. However, once we met with the
developers and they addressed most of our concerns, we are now looking forward
to the opening of the center. I can draw a parallel from that experience with
the proposal before you. Of course, the neighbors want to keep the back
property the way it is. Who would not want a forest behind their yard?
Unfortunately, they do not own the empty land, someone else does. It seems to
me. Mr. Dixon has gone to great lengths to address and solve this concern of
the neighbors at his own cost. He is building a private, thick wall
leaving as buffer between his land and their property. He is keeping a
majority of the trees. He has taken steps to insure the lighting for the
parking lot does not spill over into the neighbors' yards and has more on -site
parking than is required. It seems to me Mr. Dixon has tried very hard to be
a good neighbor. I dare state, once the building is completed, the neighbors
will be using the services provided by the retail tenants of the building, the
same as I plan to do at Miracle Center. The third point I want to cover is
the need for moderate income rental housing in our City. All we seem to have
lately is either higher income, or lower income housing. We are losing our
middle income families to other parts of the County. It is a social -economic
fact whenever there is a wide difference between the income levels, social
conflicts develop. We all can see the need for more moderate income housing
in our community. This proposed building helps to meet that need. I hope you
will vote in favor of this building. Thank you.
Mayor Suarez: Thank you for your statement.
Mr. Dawkins: Mr. Mayor, to the Administration, when was that... Mr. Collins
raised a very interesting point. When was that property in yellow purchased?
Mr. 01medillo: I would have to allow the applicant to respond to that, Mr.
Commissioner.
Mr. Dixon: 1981.
Mr. Dawkins: 1981? When was the piece in blue purchased?
Mr. Dixon: 1981.
Mr. Dawkins: 1981. OK, now to you air, what is the estimated affordable
rental per unit?
Mr. Dixon: What will the rent be?
Mr. Dawkins: Yes.
Mr. Dixon: The rents are going to start for a two bedroom, one bath apartment
at $500 per month.
Mr. Dawkins: Five?
Mr. Dixon: Yes, sir.
Mr. Dawkins: That is affordable. OK, thank you.
Mr. Leon: The previous lady that spoke, with all respect, she is not a
neighbor, OK? What we want, basically, is not this gigantic one hundred
million people going through there. Right now it is quiet...
Mayor Suarez: That is what you told us before.
Mr. Leon: I know, but I want to reiterate, because it sounds like...
Mayor Suarez: Well, we have to hear now just the rebuttal and then that's it.
Mr. Leon: The majority of the neighbors are against it.
Mr. Lloyd Hooper: Mayor Suarez, my name is Lloyd Hooper, I own the property
at 2565 NW 27th Avenue, which is directly north of the proposed property. I
am in favor of it, basically. I have a selfish reason. I think it improves
the value of the property, I admit that. However, the two pieces of property
236 October 22, 1987
that he has bought, has been very transient. I've lived there about... my
office is there, it has been there about 10 years. The two pieces of property
are very transient, especially the south piece of property. I would say if
you investigated your police records, you average once a month coming out
there, and I too, have young children and can appreciate the fellow neighbors'
concern. However, I don't think I would let my children walk by there in the
present condition of the property, with the neighbors that are there. I
believe we have crime coming out of there, although I have never been able to
prove it, but I know the police are there at least once a month and I think
this would alleviate this situation.
Mayor Suarez: Thank you.
Mr. Marwin Cassel: Mr. Mayor.
Mayor Suarez: Counselor.
Mr. Cassel: Mr. Mayor, Marvin Cassel, One Biscayne Tower, Miami. I am here
as one of the Dixon group. I have an interest in the property. As an
attorney who has done zoning work over the years, this is truly a classic
textbook case of hardship. As Commissioner Plummer stated, I too have never
seen a situation of a piece of land being so landlocked with the only way in
through a 20 foot alley to that back piece. I don't know what the developer
was thinking of, I don't know what the City was thinking of many, many years
ago when they permitted the platting of this, but the fact is, it is there.
It can be used for nothing. There was no request to build on it other than
for parking. Every covenant has been put on there to protect the neighbors
from lights, from noise, from odor. Everything has been taken care of. This
is one opportunity where you have a chance to grant us a rezoning on a
hardship basis that truly would stand up in any court.
Mayor Suarez: The only thing I would think would be a better compromise would
be... and I don't know if we would recommend it technically, would be to have
both the entrance and the exit on 27th Avenue.
Mr. Dixon: Mr. Mayor, the difficulty with that is, that because the lot is
only 75 feet wide, if you drive a truck in there, you can't get it out.
Mayor Suarez: Yes, I have heard your position more than enough. I just want
to know from our perspective, from the City's perspective, would that make any
more sense?
Mr. Campbell: No, Mr. Mayor.
Mayor Suarez: Why, George?
Mr. Campbell: That is a 20 foot dedicated alley and as such, we cannot, and it
does lead to Mr. Dixon's property.
Mayor Suarez: We cannot impose this on him.
Mr. Campbell: We cannot impose this on him and we cannot...
Mayor Suarez: Well, we couldn't impose the $5,000 for whatever, either.
Mr. Campbell: Well, that was a voluntary thing on Mr. Dixon's part, but we
cannot restrict him, we cannot force him not to use the alley, because it is a
dedicated public alley and he has the right to do so.
Mayor Suarez: I got you. I've got you.
Mr. Dawkins: I'd like to put something in the record.
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: I'd like to put something in the record. I don't think that Mr.
Dixon was attempting to buy any favors with the offer of the $500. What Mr.
Dixon was doing is the same thing, $5,000... is the same thing that everybody
also does. They know that their property is being enhanced and they feel they
would like to reward the City. Prior to my getting here, Commissioner
Kennedy's getting here, every developer thought that J.L. wanted black olive
trees, so everyone gave black olive trees, so now, I have the parks that they
can contribute to and Commissioner Kennedy...
237 October 22, 1987
s
a
Mr. Plummer: Please, clear the record, there were no white olive trees
available.
Mr. Dawkins% But, so therefore, every guy who comes up here, every developer
tries to help offset the cost of some of the things we need in the City. It is
not a matter of their attempting to buy a favor, or buy zoning, so I'd like
for the record to reflect that, please.
Mayor Suarez: All right, Commissioners...
Mr. Plummer: Are we in the discussion area?
Mrs. Kennedy: Yes.
Mayor Suarez: There are 25 or so more items that we would like to try to hear
tonight.
Mrs. Kennedy: OK, really quick. Are you are still on the same... have the
major concerns... is the soft denial the way that I thought it was?
Mr. Olmedillo: No, Ma'ar;=--I-,at has happened is that the applicant has come up
with a covenant, whicha ,iroffered voluntarily to you, which addresses most
of the concerns which we :had and that the neighbors had expressed. There is
one concern that is not being addressed by the covenant, which is the access,
and apparently there is no solution right at this point, but yes, I think the
covenant addresses most of the concerns that we had expressed, however you are
the ones who have the latitude of accepting or not, the covenant.
Mr. Plummer: That means he throws the hot potato! Are we under... are you
finished?
Mrs. Kennedy: Go ahead.
Mr. Plummer: The area that I've got of concern is the area that's in the
alley.
Mr. Kennedy% Yes.
Mr. Plummer: I think that is the basic area of concern. I would want for my
favorable vote, that the applicant would have to take and clear the alley back
to the 20 feet and pay for a wall to be erected on what I would call the west
side of the alley from the sidewalk into his property. Bast side! I'm sorry,
I stand corrected. This gentlemen then, could have the tranquility of his
home being protected and having some protection from that alley being used for
vehicles, which of course, it originally was designed for, and not been used,
but that is what it was originally designed for. The only other area that I
have of concern, and I would abide by the neighbors - you know, when you talk
about landscaping, Jerry Silverman used to say, "You don't have to water a
concrete wall, it is going to be there for a long time, and if the neighbors
want landscaping, rather than some kind of a permanent structure, I would go
along with it. I am scared to death, the landscaping, if not kept up, would
just serve no purpose within about a year or two, when everything dies off,
and we've seen that happen in the past. I don't read in here that there is any
kind of a wall, whether it is louvered, or solid, or whatever it is, to
protect the neighbors from the somewhat the noise, somewhat the lights, and
that was the other area as far lighting as concerned, that we would have to be
assured in the covenant that the lights would not shine in someone's bedroom
or in someone's house.
Mr. Olmedillo: If you read in page 26, under numeral 2, it says, "Buffer
area, owner shall provide a six foot wide landscape buffer...'
Mr. Plummer: Well, I read here, number 2, on the restrictive of covenant, and
it says, "Owner shall provide a six wide landscape buffer area along the
north, east, and south boundary lines of the property prior to the issuance of
a CO, for the surface parking to be built on the property. The buffer area is
to serve as a buffer between the use of the property for surface parking and
the surrounding residential properties.•
Mr. Olmedillo: Right, and it does not include the wall, and I...
238 October 22, 1987
Mr. Plummer: Well, OK, now, what I would like to hear from some of the people
who live contiguous to the property, that you know, landscaping is nice, and
it is pretty, 2 would rather do both. -
Mr. Dixon: Let me answer your two points. Number one, by law, I have to put a
six foot solid masonry wall. The Code requires it.
Mr. Plummer: OK, but now what about a buffer, as far as landscaping? Sir.
Mr. Pierce: Just to clarify, in item number 4, on page 26, which is entitled,
"Surface parking only," the second sentence there, "In addition, the site will
be developed substantially in accordance with the site plans prepared by Mateu
Rizo Associates dated May 5, 1987." —
Mr. Plummer: I don't know Mateu Rizo.
Mr. Pierce: Well, this is the site plan, and the wall is shown on the site
plan, so at building permit and review time, he has to build that wall, or
gets no permit.
Mr. Plummer: OK, he builds the wall according to... he says he has to do
that. Now, is there going to be any... is that wall going to be right on the
property line?
Mr. Pierce: No, sir.
Mr. Plummer: How far back is it going to be?
Mr. Pierce: It is set in six feet from the property line with a landscape
buffer between the property line and the wall, so the neighbors...
Mr. Plummer: So that will be to the outside.
Mr. Pierce: Right, the neighbors then are looking into the landscaped area
and then a wall.
Mr. Plummer: OK, but who will maintain that area?
Mr. Pierce: They are required to maintain it.
Mr. Dixon: It is our property, we have to maintain that.
Mr. Plummer: OK, so that we don't get into a blood bath at a later time, you
are going to finish the wall with a masonry finish and a pleasing paint color.
Mr. Dixon: Of course.
Mr. Plummer: Well, don't say of course, because they come back and say, "I
don't like that sucker that lives next door, and I ain't painting that wall,
and I am going to leave it rough and let him look at it," so I...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez; Are you seeking this further explanation?
Mr. Dawkins: May I get a clarification? May I get something clear? What
time is this Commission breaking?
Mayor Suarez: We typically break at 9:00 o'clock. I am willing to go beyond
that, but I know the Vice Mayor said he has got a...
Mr. Dawkins: I just wanted to know.
Mr. Plummer: No, as I am concerned, the only thing now that is left for me is
to put up a wall on the alley on the east side, from the sidewalk to the
property and you will pay to clean up that alley to the 20 feet and pay for
the louvered wall.
R
Mrs. Kennedy: He is so concerned about the wall, because a wall divides our
houses.
Mr. Plummer: Yes, and she never painted her wall.
239 October 22, 1987
Mrs. Kennedy: I put a lot of beautiful trees.
Mr. Plummer: And I wasn't going to go paint the wall, because she had a pit
bull inside of it.
Mayor Suarez: Do you need anything more from Mr. Dixon, Mr. Vice Mayor? Do
you need any more?
Mr. Dixon: I'd be more than happy to...
Mayor Suarez: No, no, please we are ready to vote on this. I think we are
ready to vote on this. Either side, we have heard more than enough and there
is many people wishing to be heard on many items. Mr. Pierce, anything from
the City?
Mr. Pierce: Yes, Vice Mayor Plummer was suggesting the wall along the east
side of the alley. That, I believe, would have to be something that the
applicant should offer to proffer, or amend the voluntary...
Mr. Plummer: Oh, absolutely.
Mayor Suarez: Is that offered?
Mr. Dixon: (OFF MIKE) Of course, in fact I told...
Mayor Suarez: Yes, or no?
Mr. Dixon: (OFF MIKE) We would be glad to do that.
Mayor Suarez: Yes?
Mr. Dixon: Yes.
Mayor Suarez: Thank you. OK, Commissioners, what is your pleasure? I
entertain a motion, either way.
Mrs. Kennedy: (OFF MIKE)... I'll tell you what, it's a strange piece of land,
at least they will build the building and get it on the tax rolls. I am going
to move it.
Mr. Plummer: You will move, but what...
Mrs. Kennedy: Let me see how it is worded here.
UNIDENTIFIED SPEAKER: 10.
Mrs. Kennedy: No, it is 9.
Mr. Plummer: This is 9.
Mayor Suarez: PZ-9.
Mrs. Kennedy: To give them the change from low density residential to
commercial residential use.
Mayor Suarez: The application is moved. OK, do we have a second?
Mr. Plummer: As amended?
Mayor Suarez: Once... as amended.
Mr. Plummer: I second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance.
240 October 22, 1987
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY 2575 SOUTHWEST 27TH
AVENUE (MORE PARTICULARLY DESCRIBED HEREIN; BY
CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM LOW
DENSITY RESIDENTIAL TO COMMERCIAL/RESIDENTIAL USE;
MAKING FINDINGS; 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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I'd like to vote no with the Department, but it is a peculiar
piece of land, so I have to vote yes.
Mayor Suarez: Yes, I wish it could be structured some other way, but I guess
it can't.
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.
84. CHANGE ZONING AT APPROXIMATELY 2575 SE 27 AVENUE FROM RS-2/2 TO CR-2/7.
Mayor Suarez: PZ-10, companion item, I entertain a motion.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll, read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2575 SOUTHWEST 27TH AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS-
2/2 ONE -FAMILY DETACHED RESIDENTIAL TO CR-2/7
COMMERCIAL RESIDENTIAL (COMMUNITY) BY MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 43
OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500
BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION
300, THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote-
241 October 22, 1987
i 0
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
85. AMEND COMPRERHENSIVE NEIGHBORHOOD PLAN BY CHANGING DESIGNATION OF
SUBJECT PROPERTY LOCATED AT APPROXIMATELY 1025 NW 19TH AVE. FROM LOW
DENSITY RESIDENTIAL TO MODERATE -HIGH DENSITY RESIDENTIAL.
Mayor Suarez: PZ-11.
Mr. Dawkins: Move it.
Mayor Suarez: Moved. Is there anyone that wishes to be heard against PZ-11?
Let the record reflect... I don't think anyone is stepping forward against PZ-
11, are they? Let the record reflect no one stepped forward. We have a
motion. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR
PROPERTY LOCATED AT APPROXIMATELY 1025 NORTHWEST 19TH
AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) BY
CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM LOW
DENSITY RESIDENTIAL TO MODERATE HIGH DENSITY
RESIDENTIAL USE; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
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.
242 October 22, 1987
86. ZONING ATLAS AMENDMENT OF SUBJECT PROPERTY LOCATED AT APPROXIMATELY 1025
NV 19 AVE., FROM RS-2/2 TO RG-1/3.
Mayor Suarez: Companion item PZ-12.
Mr. Dawkins: I move it if it has been approved for the changes.
Mayor Suarez: Moved.
Mr. Plummer: Is the applicant here?
Mayor Suarez: Seconded.
Mr. Dawkins: Is the applicant here?
Mayor Suarez: Yes.
Mr. Dawkins: The Zoning Board recommended approval with change to RG-1/3. Do
you accept that, sir?
UNIDENTIFIED SPEAKER: Yes. sir.
Mr. Dawkins: Move it as recommended by...
Mr. Plummer: Second.
Mayor Suarez: Moved it as recommended. Seconded. Any discussion? Read the
ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 1025 NORTHWEST 19TH AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS-
2/2 ONE FAMILY DETACHED RESIDENTIAL TO RG-1/3 GENERAL
RESIDENTIAL (ONE AND TWO FAMILY) BY MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 25
OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500
BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION
300, THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Vas introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
243 October 22, 1967
87. RECONSIDER, CLARIFY AND CONFORM PRIOR VOTE ON ORDINANCE IN CONNECTION
WITH ITEM PZ-11, TO REFLECT CHANGE TO MODERATE DENSITY RESIDENTIAL.
Mr. Pierce: Mr. Mayor, before we go the next item, may we revisit number 11?
What you passed does not really agree with what you did in number 12, when you
approved the RG-1/3. We need to change the terminology in PZ-11...
Mayor Suarez: Move to reopen and approve PZ-11 to be in accordance with PZ-
12, right?
Mr. Olmedillo: Yes, it will be low, moderate density instead of moderate
high density, so that they can match.
Mayor Suarez: OK, I entertain a motion to reopen it and pass it accordingly.
Mr. Dawkins: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded, call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-977
A MOTION RECONSIDERING AND CLARIFYING PRIOR VOTE ON ITEM
PZ-11 (COMPREHENSIVE NEIGHBORHOOD PLAN AMENDMENT AT 1025
NW 19 AVENUE) WHICH ORDINANCE HAS BEEN PASSED AS A CHANGE
TO MODERATE -HIGH DENSITY RESIDENTIAL, TO REFLECT THAT THE
CITY COMMISSION'S INTENT WAS TO CHANGE TO MODERATE DENSITY
RESIDENTIAL.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
$S.A. CONTINUE ITEM PZ-13 TO THE MEETING OF NOVEMBER 12, 1987, AS FIRST ITEM
ON THE PLANNING AND ZONING AGENDA. (B. CONTINUE ITEM PZ-14 (PROPOSED
ZONING CHANGES AT 2600 N.W. 14 STREET) TO THE MEETING OF NOVEMBER 12,
1987.
Mayor Suarez: PZ-13.
Mr. Olmedillo: Sir, you may see that on 14th Street, on the south side there,
a group of properties which are zoned RG-1/2, which is a duplex zoning, and
they are bounded on the south by a multifamily zoning. The area in yellow is
the one that is the subject of the application. The Planning Department feels
that this will be an isolated instance. The change will be detrimental to the
properties which are very stable on both sides of this particular property.
The Planning Department would recommend denial of both the application to the
plan amendment and the zoning change.
Mr. Plummer: Is there not multiple use in that area?
244 October 22, 1987
Mr. Olmedillo: There is to the east, to the east, right off 25th Avenue.
Isn't Tanglewood right to the back of it?
Mr. Olmedillo: South of it, yes, sir.
Mrs. Kennedy: And that is what, 300 apartments?
Mr. Olmedillo: Tanglewood? Just about.
Mr. Plummer: How many units, would this as applied for, allow?
Mr. Olmedillo: RG-2/5 is a .75 F.A.R.
Mr. Plummer: Based on the square footage?
Mr. Olmedillo: On the square footage, I would say, between four and five.
Mr. Plummer: Between four and five?
Mr. Olmedillo: Yes, sir.
Mr. Plummer: Well, OK, yes, I understand I'm sorry, go ahead.
Mr. Nora Nardo: Can I go ahead? I'll be very brief. I know you want to go
home. My name is Nora Nardo and I live at 1000 NW 40th Avenue. I am the
owner, along with Mr. and Mrs. Laza of property located at 2600 14th Street.
To the east and the south of that property there are all apartment buildings.
I mean, it not that it is going to be an isolated case, because only two
blocks to the east, there is another apartment building. See, we are passing
a sketch so you can see that you know, very close to it, will be another... it
is another apartment building. I think that our request and I really cannot
feel that, it will justify, since you know, the area has changed in recent
years and it has been changed to the highest residential density. Also, it
is an area, in which, because of the location, which is so close to shopping
areas and so close to, you know, accessible to public transportation,
expressways. You know, working families can really benefit of it. We are
going to be changed from two, which is a duplex, to three or four, which I
don't see a big difference there. It would be no problem with traffic,
because that has been already discussed. There is no problem with sewer and I
think that even the people who live around that area would benefit from this,
because the property will increase in value. Thank you.
Mayor Suarez: Let me ask a question. The Commissioner asked what you would
be able to build, in terms of how many units if this application were
approved... was approved. Would you state, Guillermo, can you tell me what
can be done now as it is? How many units?
Mr. Olmedillo: Right now, you can do a duplex, two units.
Mayor Suarez: Two units. So, we are going from two, basically to five.
Ms. Nardo: And again, the traffic will no problem. Sewer....will be no
traf f is
!Mayor Suarez: OK, do we hear... finished form the applicant? Objectors?
Mr. Ramon Guevara: Yes, my name is Ramon Guevara and I've lived in this
neighborhood for 15 years now. Originally, we lived at 140 NW 26th Avenue,
then my parents bought an additional property at 15ll NW 26th Avenue, which is
approximately three lots down. One thing that is very important is that the
proprietors of this property here, none of them live in this neighborhood.
Once this building gets put up, the only time they will see them is
approximately the beginning of the month when the come and collect the rent.
They do not, the owners do not live on this property. Second of all, like
they said, the same owners, or at least some of them, did build a two story,
five apartment building at, that will be 25th Avenue, so we based our
objections not on the fact that we don't know what to expect here, because we
do know what to expect here. We have seen it before, OK? There is lack of
parking on those apartment buildings. There is additional families on there,
there is additional cars, and there is indeed additional traffic going on.
One more thing as you can see, we have here approximately seven
property owners that live in this neighborhood, and seven property owners in
this neighborhood.
245 October 22, 1987
Mayor Suarez: Seven?
Mr. Guevara: Seven property owners that live in the neighborhood. I doubt,
OK, if they can have more than possibly one, OK... property owner living in
the neighborhood, OK? And one more thing is also they want to isolate one
single lot in our neighborhood. They want to isolate one lot and convert it
and change the zoning on it. What is the purpose of our zoning laws if we can
go and isolate any single, any lot on any residential neighborhood that we
pick and change the zoning on that one lot. When they bought this property,
they knew what the zoning was, OK, so they knew what they were buying. It is
not like it was surprised upon them, so they want to come into our
neighborhood now and change the zoning on this one lot, right in the middle of
our neighborhood, OK, for their benefit. As far as Tanglewood in the back,
OK, that is completely separate. They look practically isolated. They are in
different streets, OK. You practically cannot even see them from 14th Street.
OK, so it is not where they are right next to each other. They are completely
isolated. One is one street, which is around the 13th Street, and we are
talking about 14. They are completely separate. If you drive by there, you
can practically not even see Tanglewood on there. OK, thank you very much.
Mayor Suarez: Thank you for your presentation.
Ms. Nardo: Can I say something?
Mayor Suarez: Let's hear from the other objectors.
Mrs. Kennedy: You said that the owners don't live there, and I assume that
all of you are opposing it... are all of you neighbors and are in favor of
this?
Ms. Nardo: If it is in the neighborhood, yes.
Mayor Suarez: Well, on this side here, we are a little confused.
Mrs. Kennedy: On this side.
Ms. Nardo: Yes, this is in favor.
Mr. Guevara: No, excuse me...
Mayor Suarez: OK. On this side, are you... raise your hands if you are first
against the application. OK, now raise your hands...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, raise your hand on this side. We... I gather on this side
almost everybody is against, right? OK, on this side, raise your hand, if you
are against the application. OK, now raise your hand if you are for the
application. I want to make sure that everybody understands. OK on this side.
All right.
Mr. Guevara: Can we please ask them, though, how many of them are neighbors
or property owners that actually live there?
Mayor Suarez: OK, now, raise your hand if you are for the application and you
are neighbors and we are going to ask you to give your address.
Ms. Nardo: OK, now, neighbors... how do you consider neighbors?
Mayor Suarez: Well, if you...
Ms. Nardo: Within half a mile?
Mr. Guevara: Neighbor, we 375 feet.
Mrs. Kennedy: Guillermo...
Mr. Guevara:
neighborhood.
375 feet within that property is what we consider the
246 October 22, 1987
Mayor Suarez: Well, it depends on how much you consider... OK, we may have to
just go ahead and get your address in each case so we have an idea.
Ms. Guevara: Yes, that is right, because I live in the neighborhood. I've
been living for 25 years. She lives only five blocks away.
Mayor Suarez: Well, we can argue about what is a neighborhood all night.
Please, please. -
Mr. Guevara: I don't consider the neighborhood... I don't consider the
neighborhood two miles away, no way! I don't consider it a neighborhood two
miles away, that is not a neighborhood.
Mayor Suarez: Fine, fine, they do, that is OK. We just want to get an
idea.
Mrs. Kennedy: Just to get an idea.
Mayor Suarez: OK, any other objectors before we go back to the applicant?
Mr. Jesus Velazco: Yes, the Tanglewood area is located... OK, Jesus Velazco,
1445 NW 26 Avenue. OK, the Tanglewood area is right behind the lot where they
bought. You won't even see it, going to 14th Street, and it is isolated right
there and there used to apartments and some right now are condominiums,
because you got it really bad over there, delinquency, and so on. They bought
that first lot on that side over there and they tried to build apartments on
it and they did so, and now they are buying this one and I think they are
trying to buy the rest of the lots and make it into apartments, so on. Now,
the neighbors in our area is all owners and we think it... we are against it,
totally. Thank you.
Mayor Suarez: Thank you. Anything else from objectors?
Mr. Plummer: Can I ask a quick question? This map... I don't know who gave
me this map, OK?... but on this map, it shows at 2504 NW 14th Street, which is
one, two, three, four, five... yes, this map show that there are five units on
that...
Mr. Olmedillo: That was subject to a zoning change of about a year ago. That
is theirs, yes, sir.
Ms. Nardo: Excuse me, it's not mine.
Mr. Plummer: On 2610...
Mrs. Kennedy: It is not hers.
Mr. Plummer: I didn't say it was.
Ms. Nardo: No, I think he said so.
Mr. Plummer: I didn't hear it.
Ms. Nardo: I am sorry, then.
Mr. Plummer: It says here, 2610-12 NW 14th Street. There is three
apartments. Is that correct? That's on the corner.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: 2610 NW 14th Street, that there is three apartments.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: I think it says six apartments.
Mr. Plummer: No, six apartments is in the rear.
Mrs. Kennedys In the rear.
Mr. Dawkins: There is three duplexes which made it six apartments. I think
that is what it means.
247 October 22, 1967
Mr. Plummer: What? I am talking about right here.
Mr. Pierce: That should only be a duplex.
Mr. Plummer: That's a duplex.
Mr. Pierce: There is an illegal unit there.
Mr. Plummer: Somebody has got an illegal unit.
Mr. Pierce: We will send a zoning inspector.
Mr. Plummer: OK, we will get him in the morning. Now, on the back part of
that property, it is showing that there is six apartments. Is that correct?
Mr. Pierce: That is zoned RG.
Mr. Plummer: the back of 2610.
Mr. Pierce: It is zoned RG.
Mr. Plummer: OK, but there is six apartments there presently.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: OK. All right, the point I am trying to make, and what I can't
understand by this map, Mr. Pierce, the first one in red, on the 26th
Avenue...
Mr. Pierce: Right.
Mr. Plummer: Is this here deeper than what is on this map?... because this
map shows that all the parcels facing 14th Street are of the same depth.
Mr. Pierce: Yes, sir.
Mr. Plummer: What? It is a little bit wider, but a depth is what I am
asking.
Mr. Pierce: It is the same depth. The zone line is right here.
Mr. Plummer: So, what you are saying to me then is that that lot, whatever
its number, which the pencil is on, is just as deep, and it presently has
eight units, is that...
Mr. Pierce: No, no, sir.
Mr. Plummer: Total of eight units.
Mr. Pierce: No, sir, this is a separate lot here, in the Rg-2/5...
Mr. Plummer: Exactly what I just asked you.
Mr. Pierce: That is exactly, that...
Mr. Plummer: That extends further back?
Mr. Pierce: No, sir. Separate lot from this one.
Mr. Olmedillo: That's different property.
Mr. Pierce: This is the property line, right here.
Mr. Plummer: That's not what it shows... here is the property line.
Mr. Pierce: That's their map and it is not drawn to scale.
UNIDENTIFIED SPEAKER: That is the south. That is the south.
Mr. Plummer: That's why I am asking, because it is obviously not drawn to
scale, so OK, so what you are saying is, there is two in the front, and the
248 October 22, 1987
back parcel does in fact have... where are the six apartments, back there?
OK, well, that is not what it shows here. Thank you, I just wanted to get
that clarified. Oh, where be the Mayor? OK, who else wants to speak?
Mr. Pierce: He had to go to
Mr. Plummer: OK, do you want to speak, Ma'am? For the record, state your
name and your address.
Ms. Eva Vedevia: My name is Eva Vedevia.
Mr. Plummer: We need a translator.
Ms. Vedevia: (As translated by Mr. Guillermo Olmedillo) I live at 1410 NW 26th
Avenue. I am opposed to a building there because they bought in 1973 and they
are owners and live in their property. The person who buys the lot to build a
multiple family building has it for rental income, and not to live in it. And
we are under oath stating here that we live in that area and there are people
who may not be living in the area and we have the right to ask, or to petition
that the multifamily buildings not be built in that area, that they would
rather see a duplex. Everybody here is an owner. We don't live out of
businesses. We would like this right to be respected. When they bought, they
knew that they were only being able to build a duplex. The person who bought
knew exactly that, and he knows that the area is a residential duplex, and why
not respect that right, that we have to live in a duplex family area, a two-
_ family area. If they want to live there, they are welcome to live in a
duplex, but not in a multifamily building. It is said that when you buy a
duplex, and then you have a building, multifamily building built right next to
you. It is sad to have this happen and I am sure that you would not like to
_ have this happen to you and we are asking for justice... nothing more than
just the law. Thank you.
Mayor Suarez: Thank you for your presentation. Does that complete the
opponents? Ma'am? Try not to be repetitive.
Ms. Thelma Castillo: (As translated by Guillermo Olmedillo.) My name is
Thelma Castillo. I live at 2612 NW 14th Street. I live right next to the
subject site and I am opposed because I have a duplex, and to have a
multifamily building right next to her, it would have many problems. I am not
opposed to a duplex, because we bought because that was a two-family
residential district and we don't want the zoning to be changed. Thank you.
Mr. Liborio Raul Vedevia: (Translation by Mayor Suarez)... 1410 NW 26th
Street. We are opposed to the construction of more than a duplex.
Mayor Suarez: Are you still with me?
Mr. Olmedillo: Yes, sir.
Mr. Vedevia: (As translated by Guillermo Olmedillo) We are all owners who
work in factories and they bought in 1973 and they knew what they were buying,
R-2 which was at the time a duplex zoning. We want to be respected, that
right of the construction. That is the only we are requesting. The number of
people that they have here are not owners. There are two or three that are
owners
Mayor Suarez: I have to say, I am puzzled. Let me interrupt you for a
second. I'm puzzled by what interest all the proponents here have. They
don't have any financial interest, presumably, on this property. What, do you
just have a lot of friends, or what?
Ms. Nardo: Well, besides that, I think that they realize that they might even
be living in one of those apartments, because that is an area...
Mr. Plummer: They'll be living there once the place is built.
Mayor Suarez: We are talking about five units here.
Mrs. Kennedy: They get a discount if they come here tonight.
Ms. Nardo: Well, first I find out if we can build the place, right? I mean,
they have an interest when they are here, for sure. You know also... can I
say something now, or do I have to wait?
249 October 22, 1987
Mayor Suarez: Well, no, no, let's... I'm still puzzled, I mean if you can
explain at some point to me why...
Ms. Nardo: Well, that means there is something good coming out of there.
Mayor Suarez: Well, I don't know. I mean, that might be the reason. Yes,
sir? Anything i1se?
Mr. Vedevia: ('translated by Guillermo Olmedillo) When they bought, they knew
what they were buying. They have to abide by the law. What they want is only
the law. Thank you.
Mayor Suarez: That's always the best argument against any rezoning, that when
people bought, they knew exactly what they were buying.
Ms. Nardo: But how long ago?
Mayor Suarez: Whenever. OK, at your own risk, do you want to put any more
evidence or make any more statements?
Ms. Nardo: Really I sympathize with what they say. I know that they bought,
and it was an R-2, I know they wanted duplex, but that was in 1970, 1972. At
that time, we didn't have the need that we have now for affordable housing.
This is an area, where, even though they are treating it like an isolated
case, I mean, only two blocks, or two lots to the west there is a commercial
site, business, there is 27th Avenue, no more traffic. I really don't
understand, maybe something personal. I don't know why they are so against
something that really is going to benefit them. I mean, it is going to be a
nice place to live in. We are going to go for sure, all the regulations. We
are going to of course, you know, obey the law, because that is why we are
here. I mean, to try to go, to whatever has to be done, so I really think
that...
Mayor Suarez: That's the one thing we all agree on.
Ms. Nardo: That's right, and of course, you know, we have to build whatever
Zoning Department allows us to build.
Mayor Suarez: As long as everybody is standing up, if they want to give us
their name and address, that would be helpful, just quickly.
Ms. Maura Laza: My name is Maura Laza, I live at 2185 NW 13 Street. I own
the property at 2504 NW 14 Street. I just want to say that they say that the
same person wants to build in this other unit. It is not the same person. I'm
the owner at 2504, and they are not, and they are different. I mean, I am
related to some of them, but it is different people, and they keep saying that
it is the same people who want to be there, buy the whole neighborhood. There
is only five lots in that whole block there, and that is multible, and there
is only five left there and it zoned duplex... the one in the back, the one in
the... you know and ten and eleven are residential, multipurpose and the lady
who lives next to us, her back, even though the map shows that, if you drive
by that street, it shows the way it was printed in this map. There is a six
unit apartment building right behind her, so, she doesn't want it next to her,
but she already has it in the back. And across the street, that zone there,
it looks like duplex, is used...
Mayor Suarez: What is your interest? I'm sorry, I missed that.
Ms. Laza: I own the property there. I don't see why, if my lot was allowed
to be changed two years ago, why then it shouldn't change for these people,
because they live in this little area, this little cluster. I an not talking
about across the street or anywhere else, just in this little cluster of
houses and like I said, she lives next to... the back is apartments, across
the street is not duplex. It is zoned duplex, but it used as a parking lot
for the commercial units on 27th Avenue, so she lives between... the only
thing that she has left that is not commercial, or moved to residential, is
the lot next to these people, so you know, this is a little cluster
And I am not only asking for us, but all these people in this little cluster,
should realize that it will be better for them to change the zoning, than to
leave it.
250 October 22, 1987
Mayor Suarez: Well, they don't agree with you.
Ms. Laza: Because, I mean, if they don't want to, if they don't agree with
me, I mean that is their individual citizens..., but...
Mayor Suarez: We are getting a little repetitive here. Do we have... do you
want to just tell us where you are from? Give us your name and address, so
that the rest of the group...
Ms. Laze: I guess they will all be saying the same thing.
Mayor Suarez: I hope that they don't repeat anything that has already been
said. Or, do you have a list that you can leave with us, or read off, or
something?... or a petition, something that can make this quicker?
Mr. Luis Iglesias: My name is Luis Iglesias, I live at the property located
at 2490 NW 14th Street. I am in favor of this rezoning.
Mayor Suarez: I gather that. OK, we gather that. Thank you. Anyone else
want to just tell your address and your name? This is a puzzling situation,
here with so many proponents.
Mr. Manuel Iglesias: OK, I've got a property back there on 14th Street, 1490
NW... no, 2490 NW 14th Street. I live there with my brother, and...
Mayor Suarez: Your name is...
Mr. M. Iglesias: Manuel Iglesias. My family has got about two or three
properties, they live there. They don't come here because they have got
something to do, that's why they aren't here. One, on 1500 NW 25th Avenue.
The other one is 1526 NW 25th Avenue, and the name is Jose Iglesias is one,
the
Mayor Suarez: What difference does it make to you that this be granted or
not?
UNIDENTIFIED SPEAKER: This time, write it down. Next time, write it down,
please.
Mayor Suarez: Please. What difference does it make to you that this be
granted or denied?
Mr. M. Iglesias: I don't know, but let me tell you, it is good for the
property. The property increases in value, and you know, it is good for the
people, you know, that have low wages, they can rent there, they can live, you
know... Miami has got you know, so many people now, you know, it is better to
get an apartment, you know, to rent.
Mayor Suarez: OK, thank you. All right, unless there is something new...
Ms. Nardo: No, I think everybody will be saying the same thing.
Mayor Suarez: Yes, I gather everybody would be making the same general
statements. Commissioners, I entertain a motion on the application.
Mr. Plummer: I'll tell you what is running through my mind and where I have a
problem. This property is backing up to two or three hundred units. 14th
Street is not conducive to what we have referred to as single family
residents. It is backing up also to commercial. It is backing up almost to a
shopping center. One of the lots is already zoned with five, another lot is
zoned with six, and I just really can't see that 14th Street is conducive to
duplex living. I personally would like to go out and see the piece of
property. 14th Street to me, is a main thoroughfare. It is a heavily
traveled road.
UNIDENTIFIED SPEAKER: No, it is really only one road going south and one road
coming back.
Mr. Plummer: Well, every time I go to the PBA, that's the road that I use.
Mayor Suarez: Is it one lane, or are you saying one way?
251 October 22, 1987
UNIDENTIFIED SPEAKER: No, one lane going one way, and one lane coming back.
It is not a major road.
Mr. Plummer: Where the turn? 14th Street. 14th Street is three lanes at
that intersection, with a turning lane.
UNIDENTIFIED SPEAKER: There is only two exits from that neighborhood, one
from 22nd Avenue and one from 27th Avenue.
Mr. Plummer: Exactly, that is 14th Street and at the intersection, it is
three lanes wide. It is one each way, and a turning.
UNIDENTIFIED SPEAKER: At 27th Avenue. Throughout 14th Street, it is only
one. It is only two lanes, one going and one coming.
Mr. Plummer: Well, 14th Street is a busy street. It is a very busy street.
UNIDENTIFIED SPEAKER: No, it is not a very busy street.
Mr. Plummer: Oh, whoa, please. The Mayor asked me my opinion. My opinion
is, I would like to go see the parcel. Now, I will see what the rest of my
colleagues want to do.
Mayor Suarez: I wouldn't mind going out to see the property myself.
Ms. Nardo: That property and everything and make sure that they are...
Mr. Plummer: Well, yes, Ma'am, when we go to make an inspection, we do the
entire neighborhood.
Mrs. Kennedy: No, we don't just look...
Mr. Plummer: I'm not going to go there and just look at one parcel.
Ms. Nardo: You make sure that everybody is complying and following the law,
right?... and the zoning regulations.
Mr. Plummer: No, Ma'am, that is not the reason I'm going there. I am going
there to look to see the traffic situation, to see the apartment houses in the
back, the multiple uses on each side and I want to see whether or not it is
conducive.
UNIDENTIFIED SPEAKER: On 14th Street, you won't see it. When you go down
14th Street, you will not see any apartment buildings at all.
Mr. Plummer: OK, I understand that, sir, but I want to see it.
Mrs. Kennedy: We will go through the whole area.
Mr. Plummer: If no one up here has any objections, I move that this matter be
continued to the next meeting, November 12th...
Mayor Suarez: So moved.
Mr. Plummer: ... as the first item of zoning.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-978
A MOTION CONTINUING ITEM PZ-13 (PROPOSED ORDINANCE
AMENDING COMPREHENSIVE NEIGHBORHOOD PLAN AT 2600 NW 14
STREET FROM LOW -MODERATE DENSITY RESIDENTIAL TO MODERATE -
HIGH DENSITY RESIDENTIAL) TO THE MEETING OF NOVEMBER 12,
1987, AS THE FIRST ITEM ON THE PLANNING AND ZONING AGENDA
OF SAID MEETING.
252 October 22, 1987
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Suarez: The same goes for PZ•-14, as companion item.
Mr. Plummer: Yes, Mr. Mayor, it is rather obvious, we have...
Mayor Suarez: I think we ought to do a motion on that, just to get that out
of the way.
Mr. Plummer: I'll move that that be continued also.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Call the roll on that.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-979
A MOTION CONTINUING ITEM PZ-14 (PROPOSED ORDINANCE
CHANGING THE ZONING AT 2600 NW 14 STREET FROM RG-1/3 TO
RG-2/5) TO THE MEETING OF NOVEMBER 12, 1987.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
NOTE FOR THE RECORD: AT THIS POINT, CONSIDERATION OF EXECUTION OF AN
AGREEMENT WITH NORA SWAN WAS TEMPORARILY DEFERRED.
89. CONTINUE PROPOSED AMENDMENT COMPREHENSIVE NEIGHBORHOOD PLAN AT
APPROXIMATELY 220-50 HE 43 ST AND 4201 NE 2 AVE. FROM SCHOOL, CHURCHES,
CULTURAL TO SPECIAL USE.
Mayor Suarez: OK, PZ-17.
Mr. Olmedillo: 17 and 18 again are companion items. This In the Hestminster
Presbyterian Church on 42nd and 43rd Streets, NW. Again the concern of the
Planning Department is that of a neighborhood intrusion into a residential
area, that is the commercial intrusion. The SPI-8, it is a commercial
district. It stops right now at 42nd Avenue. The applicant is trying to have
the zoning changed for the entire parcel. The Planning Department is
recommending denial of that particular application and recomseaded approval of
253 October 22, 1907
the southern half of the lot. The properties on 43rd Street, the ones on the
north side of 43rd Street, are very well kept residential units and they are
very stable. They are single family homes and the Planning Department is
concerned about the deterioration of this area if this zoning is taken up to
43rd Street.
Mayor Suarez: Guillermo, I am trying to figure out what's north and south
here in this picture. Can you just point to me... or Tony, what is north and
south here.
Mr. Plummer: South is the residential, north is the industrial You are
right, it is reversed.
Mayor Suarez: That's why I was afraid that I might be getting it backwards
too. They are recommending where the structure is now located of the church
and the steeple and everything else.
Mr. Plummer: So this is north, here.
Mr. Olmedillo: The northern portion of the property has four residences
there, four buildings, which are used by the church and a portion of the
church building.
Mr. Plummer: Well, let me get on the record, first, this is a church that is
an applicant. You usually look a little bit differently at a church. Well,
I am going to say it on the record. I have no embarrassment to try to help a
church whenever I can. So, from what I am understanding now, this is not for
church use. Is that correct?
Mr. Olmedillo: That is correct. SPI-8 is a commercial district.
Mr. Plummer: They are merely the owner and applicant, to go to a commercial
venture, so that they can sell.
Mr. Olmedillo: That is my understanding, sir.
Mr. Plummer: Is that an honest statement?
Mr. Tony O'Donnell: That is correct as far as it goes. I'd like to address
that a little bit further.
Mr. Plummer: All right, well, I just didn't want you, in this mind up here,
to have an edge, because you are coming at me as a church.
Mr. O'Donnell: No.
Mr. Plummer: OK? You saw what happened to the Baptist minister. Be careful!
Since I am running the meeting air, state your name, your mailing address and
you have five minutes to make a presentation.
Mr. O'Donnell: Mr. Vice Mayor, members of the Commission, for the record, my
name is Tony O'Donnell, with law offices at 1401 Brickell Avenue, representing
the applicant tonight, Westminster Presbyterian Church. This application has
been pending a long time and we have encountered our various recommendations
along the route to this Commission. It was originally voted negatively upon
by the Zoning Board. More recently we attempted to limit our proposal with the
proferred covenant before the Planning Advisory Board. It recommended against
our proposal for the entire property, and the Planning Department has
recommended, before those boards, and before this Commission, that the south
half of the property obtain the land use plan and the zoning amendment, but
that the north half, that half that adjoins the existing residential street,
that has houses on it and fronts across the streets from existing residential,
remain in its present land use in zoning categories. Tonight, after listening
to the neighbors, my first time was our last meeting, and considering with the
board, the church is going fully with the Planning Department's
recommendation. We are no longer asking for rezoning of the entire property,
or land use plan amendment on the entire property, but we have agreed to limit
our request to the south half of the property, which unfortunately is the top
half of the entire property. The entire property is shown here at the bottom
of the picture. The church facility, the main church facility is located on
that south portion of the property. On the north portion of the property are
residences which have been used for several years as adjunct facilities for
254 October 22, 1987
the church, for meetings for education, for housing of our local... of the
person who supervises the property, and our proposal is, in the Planning
Department's recommendation is, instead of asking for this entire property to
be rezoned, and the change in master plan, simply the south half. We are in
accord with that recommendation tonight. I'd like to explain to you what the
churches position is, or what it is attempting to do in this request. The
church, as you see, is a very nice facility and it has been in this area for
several years, but in the past... the recent past, the church attendance, and
the ability to maintain this facility, not only with the Westminster parish,
but also with other people we have used, other churches that have attempted to
rent the space and use the facility, they have been unable to maintain this
facility. Recognizing that they would not be able to do so, they placed it on
the market about three years ago and attempt to sell it to another church.
They have not been able to do that, and so their idea was to try to rezone at
least a portion of that property, so that it took on the characteristics of
the commercial and design district, which adjoins it immediately to the south
across the street, all the way to the west, along Second Avenue, the railroad
tracks and the commercial to the east. To have this property have a
commercial character so that it could be used, if not for a church and if not
for residential, then for something that would be an extension of the design
district. The Planning Department's concern, is that this not be extended to
intrude on this residential street, and tonight we are agreeing to maintain
that line of demarcation here, so really, most of the property would not be
either rezoned, or re -master planned and you would maintain this residential
frontage here under our proposal. We have with us tonight several members of
the church. Of course, they have been here quite a while... our president,
John Thatcher, one of our elders, Sandy Hall was here earlier. I don't know
if he was able to stay, and other members of the church are here. I would
like for those who are members of the church, or the neighborhood, that are
supporting our application, if you could stand just to show that you are here,
or obviously we are not going to be able to have everyone speak. Basically, we
believe that the Planning Director's recommendation, represents a compromise
between the problem of having this church facility, which adjoins the
commercial uses on all sides, be forced to retain its present district zoning
and in an effort to have a residential transition to this residential street
and maintain this street as a residential area. We think that the director
has made several good points and therefore we would ask your support for the
director's recommendation tonight. I have Mr. John Thatcher, as I said, here,
and he can address issues as to the economic viability of the church
functioning there in the past several years, if you think that would be
helpful to your understanding of our situation, and as I say, other members of
the church are here, which would be happy to answer specific questions about
their operations. We are hoping to maintain the church for a few more years.
We are hoping to sell the church as a church, but in the meantime, it appears
that the marketability of that facility under its present zoning is simply not
there.
Mr. Plummer: Why don't you hold Mr. Thatcher in case it is needed in
rebuttal.
Mr. Dawkins: Administration, what parts of this are you going to rezone?
Mr. Olmedillo: The one that we proposed was the southern half of the lot, of
the entire lot.
Mr. Dawkins: All right.
Mr. Olmedillo: That is which is facing the SPI-8 district.
Mr. Dawkins And how are you going to buffer the residential area.
Mr. Olmedillo: The ordinance addresses those areas which are abutting such a
zoning district as...
Mr. Dawkins: There is five residential houses...
Mr. Olmedillo: Right, that...
Mr. Dawkins: How are you going to buffer those?
Mr. Olmedillo: They are owned by the church, and the church right now...
255 October 22, 1987
Mr. Dawkins: You are still evading what I am asking. How are you going to
buffer those?
Mr. Olmedillo: The only buffer is what exists right there, right now, sir.
If the zoning line is changed, is shifted to the north, the setback of the
property, of the commercial property and the setback of the residential
property will be the only buffer that is provided.
Mr. Dawkins: So, the church owns all of it and you rezone the southern half
of it and then the church comes in and tells you, "I have no longer have use
for the northern half," then you rezone the northern half and now you are
right in these other people's front yard.
Mr. Olmedillo: That will be another application, sir, that we have to
recommend. Right now, as you have seen...
Mr. Dawkins: No, I have to ask... no, see, I pay you to tell me how you are
going to buffer it, OK? That's what we pay you forl
Mayor Suarez: How do you stop the domino effect...
Mr. Dawkins: That's alll
Mayor Suarez: ...if we allow this rezoning? How do you stop it from being
the basis for an application for the northern half?
Mr. Pierce: What staff is proposing, Mr. Mayor and members of the Commission
is that those residences that have residential structures, they be kept in the
residential zoning. In order for them to domino the increase to commercial
zoning, they are going to have to come back before the Commission. We are
saying...
Mr. Plummer: What about transition?
Mr. Pierce: There is no transition when there is SP...
Mayor Suarez: Well, won't they argue that it is right next to commercial?
Mr. Pierce: There is none.
Mr. Dawkins: Why?
Mr. Pierce: Because the transition only applies if the property is zoned
specifically when it is CR...
Mr. Olmedillo: No, SPI-8 has transitional.
Mr. Pierce: Is has? Wait a minute, I will check.
Mr. Olmedillo: Bear with me one second.
Mayor Suarez: And the question that goes with that, is does having the famous
one foot strip help?
Mr. Olmedillo: Yes, SPI-8 is a commercial district, by definition, so it has
transitional.
Mrs. Kennedy: It has transitional use?
Mr. Olmedillo: On the rear and on the side.
Mr. Plummer: Did you know that when you recommended this?
Mr. Olmedillo: Yes, sir.
Mr. Plummer: How do you justify it?
Mr. Olmedillo: All the transitional has to go either through a special
exception, which is a public hearing, or a Class 8 permit.
Mr. Pierce: It is still within the public hearing purview, either the Zoning
Board and ultimately on appeal, if appeal is made, to the Commission. It is
not an administrative review matter.
256 October 22, 1987
Mayor Suarez: Does keeping out a one foot strip help in any way, and if not,
why not?... as we did on Coral Way.
Mr. Pierce: No, because, to zone that, you still have the commercial line up
against a residential line. It is already zoned all residential.
Mr. Dawkins: The only thing I am saying to you is, nobody up here is more
desirous of developing the design district than me and when you reelect me in
189, I would be here when you come here with this again. Now, and if a church
were to sell the church to somebody who decided to put in more, bring
Designer's Row north, and then the church, they said that we also need the
property that the church has, and tell me that they are still going to enhance
Designer's Row, they got my vote and when they get my vote, we are right in
these people's front yard. There is no other way to put it. Yes, sir. Come
right ahead, sir.
Dr. Henry Hall: My name is Dr. Henry Hall, I am Haitian and I have property
in that area, and I am glad that I'm here today because the people who live
around are all Haitian, so I would suggest that you look at this matter very
carefully, because right north to that property, this is where we have the so-
called select residence for Haitians, so I would appreciate that you take that
into consideration.
Mr. Thomas Williams: I beg to differ with that gentlemen. Can I speak,
please?
Mr. Dawkins: I don't see why not. You speak English.
Mr. Williams: My name is Thomas Williams, I live 261 NE 43rd Street. These
are the homes that are in question. Look at these homes. Look at these
homes, well kept.
Mr. Dawkins: That is what the gentlemen said. That's what he said.
Mr. Williams: What did he mention with the Haitians?
Mr. Dawkins: No, he said, "predominantly", he didn't say all of us were
Haitians.
Mr. Williams: Well, the thing about it, what I am talking about, this is a
one family residential area. These are the type of homes that are located r
this particular situation. I think I should present these as exhibits.
Mayor Suarez: You may, if you wish to introduce them into the record, sure.
Mr. Williams: Yes, sir. Can I do that now?
Mr. Dawkins: Go right ahead sir.
Mayor Suarez: When you finish your presentation....
Mr. Williams: Fine. Well kept, and there is a tremendous... a tremendous
amount of neighborhood pride immediately facing this particular property.
Whenever a new tenant moves in there, I personally go and talk to them and let
them know exactly what kind of stand we expect of them. I mean, what you are
doing there, you are putting a piece of commercial property in our living
room! Here is a classic example of what I am trying to say. You see this?
Just on 42nd Street. Look at that dumpster. When I walk out of my house to
go outside, I have to see that. Look at that! Would these people want this
in front of their homes? No, the answer is no. And these are just the church
people. These people really don't live in our neighborhood. It is unfair, it
is unjust, you are ,just church members. I have been fighting this thing now
for three years, and I am at the end of it. I think the Zoning Board denied
them. The Planning Board denied them. I call upon you distinguished members
of the Commission to follow the example of the two previous boards and deny
this proposal. It is not fair to us. It is not fair and besides that, we are
told that development north... the engineer said would have an adverse effect
upon the sewer and drainage system in our neighborhood. The other day there
was a home there for sale, a couple of years ago, and there was a sign there
about the hearing, changing the zone. The prospective buyer immediately
backed up and took off. "I don't want to buy this house, if that is going to
257 October 22, 1987
be commercialized." She just saw the sign there. You imagine the amount of
traffic, the big trucks coming in? I don't have to go any further. Look at
this. I am on 43rd, this is on 42nd.
Mr. Dawkins: OK, all right.
Mr. Williams: It is too close for comfort. It is too close for comfort.
Mayor Suarez: OK, you can go ahead and introduce those into the record.
Mr. Dawkins: Go right ahead, sir.
Dr. Hall: Sir did not understand just exactly what I was concerned about,
and another thing is...
Mayor Suarez: Your name first?
Dr. Hall: Dr. Henry Hall. I am a Haitian and I...
Mayor Suarez: And an address, doctor.
Dr. Hall: Yes, and one thing that I have to say, it is a beautiful church and
I would hate to lose it. As a matter of fact, all my friends, when I take
them to visit Little Haiti, they are always amazed to see that church, so
please, don't let it go.
Mr. Dawkins: Well, OK, I have one two things to say. I respect your rights
and that is what I am trying to do, to be sure that nothing comes into your
front yard, but I too have to respect the rights of the owners of the church.
The neighborhood is changed, the church could no longer, I imagine, meet its
obligations, so therefore, we can't expect... well now, let me rephrase that,
I can't expect the church to sit there and pay whatever the upkeep of it and
maintain it when all of the people who are members of the church have moved
out, so now the church has a problem, OK, so now, if we in the neighborhood
are desirous of purchasing a church from the church, that is fine, but if we
don't we can't stop the church from selling it to who ever wants to buy it,
but my concern is, when you split this lot in half, I want it to stop.
Anything south of that line, beautiful, let the church sell it, get out
whenever they can, and do whatever they have to do. Anything north of this
line, let it remain residential and let your homes continue to be beautiful
and you enjoy life.
_ Mr. Williams: To that sir, only you are putting a bandaid on the serious
wound that is all they are doing, because you are going to find us right back
here again, next couple of years, going over the same thing again. It is
just...
Mr. Dawkins: I doubt it. OK.
Mr. Williams: It is just...
Mayor Suarez: Well, no, because what he is saying is, the commercial will
stop precisely where the residential begins, except that the commercial will
now extend to where the church is, but the residential will begin at that
place.
Mr. Dawkins: Please don't let Mr. Hall talk; he's too long winded.
Mr. Sandy Hall: Miller is aware of that, because we were before this
Commission some years ago, we were talking about that in the lobby, a few
days, ago, I mean a few hours ago, or a few minutes ago. Mr. Plummer was the
one who passed a motion on our concerns at that time, in our favor, so I am
asking again, to do it this time. I an a resident. My name is Sandy Hall.
Mr. Dawkins; (OFF MIKE) We made ....Smith the major.
Mr. S. Hall: Right, that is right, Mr. Plummer.
Mr. Plummer: I know who he is, but what motion did I...
Mr. S. Hall: How many years ago was that, Mr. Dawkins?
25B October 22, 1987
H
Mr. Dawkins: You came down here to make Lieutenant Smith a major and you
passed a motion.
Mr. Plummer: Oh, yes, yes, Leroy Smith.
Mr. Dawkins: Yes.
Mr. S. Hall: That is many years ago. He was a young man, then that is why he
has forgotten now.
Mr. Plummer: Oh, thanks!
Mr. S. Hall: All right. I am a resident. My name is Sandy Hall, I live at
200 NE 45th Street. As you can see by that figure, that I am a couple of
blocks from the church. I am an elder in Westminster Presbyterian Church and
proud to be so. As it has been stated, that is a beautiful church. Anyone in
this room who has ever visited that church or has been passed it, hates to see
what has happened to it, as is happening now, Mr. Dawkins. We are unable to
maintain that church from a monetary standpoint, because of the drift and the
losing of members that were in that church originally. We are concerned about
who will come into that area if we are forced to leave because of monetary
factors and this is why we want it rezoned and this why we are taking the
position as offering to allow this property to be split in half, you might
say, preserving the north end of that property and put some kind of buffer
zone there, Mr. Plummer... trees, what have you and making it permanent, a
permanent decision on your part, that area of the north end area, Mr. Suarez,
would remain as is and...
Mayor Suarez: How can you guarantee that? That is what I want to know.
Mr. S. Hall: Well, that is what I am saying now, Mr. ...
Mr. Williams: You can explain that?
Mr. Olmedillo: The only way would be a voluntary covenant, proffered by the
applicant.
Mayor Suarez: How about that?
Mr. Dawkins: Is that legal, Madam City Attorney? Would that stop it?
Mayor Suarez: Will it run with the land if they sell it?
Mrs. Dougherty: Yes.
Mr. Dawkins: What did you say it was?
Mrs. Dougherty:
Mr. Dawkins: We have got a lawyer and the only expert is Plummer here.
Mr. Pierce: As Father Gibson said, I only passed by the law school, I didn't
go there one day.
Mr. Dawkins: Are you bragging or complaining?
Mr. Pierce: I'm bragging. I just thought it was understood that someone
can't covenant away their rights and there is a right always exists for
someone to apply for relief from a zoning act. This is my understanding, but
I defer to the attorney.
Mayor Suarez: It would be extremely helpful in future decisions if we knew
that that covenant was on there, regardless of enforceability, would it not?
And she is saying it would be enforceable in her...
Mr. Plummer: That's only half the problem. The other half of the problem,
that is the legal aspect of doing it, but how is the visual aspect going to be
addressed? Now the...
Mayor Suarez: Well, from the viewpoint of the neighbors, half a block up, at
least they will have this residential property to look at.
259 October 22, 1987
Mr. Plummer: Mr. Pierce. what they are asking for in zoning, what could be
allowed in that zoning?
Mr. Pierce: The district that we are recommending on the south part of the
property?
Mr. Plummer: On the south portion, if it is changed to a commercial zoning,
what would be allowed to be built there?
Mr. Pierce: I will let Olmedillo respond.
Mr. Olmedillo: Yes.
Mr. Plummer: And how high can it go?
Mr. Olmedillo: There is no height limitation on the district.
Mr. Plummer: There is no height?
Mr. Olmedillo: No height limitations.
Mr. Plummer: So they could go up with a seven or eight story building.
Mr. Olmedillo: One hundred feet. Two hundred feet.
Mrs. Kennedy: But, what can they build?
Mr. Olmedillo: I will read off the... it will be a commercial type of use,
which is a CR-3, and if you bear with me, I will read the kind of uses that
you can expect there. Basically, a combination of residential, you may have —
schools, you may have banks, offices, clinics, studios. You can have retail
establishments, you can have service establishments, you can have restaurants,
you can have driving schools. —
Mayor Suarez: Chances are, they would be retail facilities, right? Stores
like the other ones.
Mr. Olmedillo: Basically. Basically.
Mayor Suarez: How high? No real height limitations.
Mr. Olmedillo: No, no height limitations.
Mayor Suarez% What is the F.A.R.?
Mr. Olmedillo: The F.A.R. will be... again, bear with me one second... the
- F.A.R. is approximately 2.26, when they have a combination.
Mayor Suarez: What is the expected look of a building with that F.A.R. on
that kind of a configuration property?... similar to the one right next to it
now?
Mr. Olmedillo: No, it will be much more intense than that, sir, if they go
to the limit, to the 2.26, which is a mixed use limit. Remember that sector
7, which you may be familiar with it, is a one seven two.
Mayor Suarez: Sector 7 is Brickell.
Mr. Olmedillo: This is higher than...
Mayor Suarez: Or Coral Way.
Mr. Olmedillo: That's Coral Way. This will be higher than the seven.
Mayor Suarez: Why did the market and up with those structures only a couple
of floors up there? I guess that would be south of this property.
Mr. Olmedillo: That is probably because of the use, This is extensive
warehouse and show room type of development, which,,.
Mayor Suarez: It covers the entire footprint.
260 October 22, 1987
0
Mr. 01medillo: Yes, it doesn't lend itself to many stories, but you know,
tends to be on the ground floor, or at the most, two stories. It doesn't go
beyond that.
Mayor Suarez: So we are either going to see something like that with a couple
of floors, covering the entire area or you are going to see something
narrower, going much higher.
Mr. 01medillo: Yes, sir.
Mayor Suarez: By a similar factor. The only way I would vote for it would be
with a voluntary covenant. I don't... again, I don't want to get into the
argument between the Assistant City Manager and the City Attorney, but...
Mr. Pierce: There is no argument.
Mayor Suarez: Friendly argument. How about the Planning Director, what is he
going to tell us?
Mr. Pierce: We were not going to let him speak. But, to respond to the
question you just asked, Mr. Mayor, most of those buildings, especially the
ones due south of the subject property, are adaptive reuse buildings. The
one to the south was formerly an auto storage building, and other storage, and
the one over on the right, on the west side of Second Avenue, was originally
furniture showrooms and things like that.
Mayor Suarez: Counselor, do you proffer the covenant?
Mr. O'Donnell: Mr. Mayor, we would be happy to do so. We would want to
consider one, the transitional use limitation that we could impose on the
property, which would also keep the... we could impose the one foot
limitation...
Mr. Dawkins: No way! No wayt We would be going right back to...
Mayor Suarez: Well, we were really thinking that the offer was to keep it
residential.
Mr. O'Donnell: That's right. That is what I am saying. Our proffer would
be to not only keep it residential, but to proffer a covenant that
transitional uses would not be permitted in this area. That would be at the
second reading, that we could have that covenant prepared. Also, height
limitations, if there would be... right now, we are at two, at least two,
three stories in the structures we have on the property now, so I would think
that a two to three story height limitation would be reasonable for that
proprz,rty and it seems to us if you look at the surrounding areas, if we can
maintain it as a church, we want to do so, but if we can't maintain it as a
church, we have commercial that does not stop at our property. The commercial
runs along 2nd, past our property. Commercial runs past our property here and
we are fronting this, so we can't use this for residential. What I am saying
is, that a commercial zoning here, if we can limit it with our covenant to
make sure that we don't either by transition, or other types of extensions
here, we will proffer that covenant so we don't get that benefit. The church
will continue to operate it, the permitted use under the SPI zoning that we
have requested, as long as we can. We will continue to try to preserve the
church and sell it to another church, as we have been doing. But, what we are
saying is, it appears that a commercial design district type of use, with two
to three stories on this end, would be something that we could get us a sale
for.
Mr. Dawkins: Madam City Attorney, in the event that a church bought this
church, is there any way you can say that the whatever zoning we are giving
now is null and void?
Mrs. Dougherty: I can't think of any way.
Mr. Dawkins: Madam?
Mrs. Dougherty: I cannot think of any way. To down zone it, you would have
to go through the same process, Planning Board to City Commission hearing.
261 October 22, 1907
Mayor Suarez: Let's go ahead and entertain a motion on this, otherwise, we
will here all night. We have heard from both sides. Do you have any
clarification or anything else you want to add?
Mr. Williams: Well, all I can say here, Honorable Mayor, we are just dressing
up a serious wound with a bandaid. I will say this. We were told by the
engineer of Public Works, that any further development now, we can take care
of our own as far as drainage and sewage is concerned. But, any further
development now would seriously interfere with what we have now. I mean...
Mayor Suarez: OK, as to the northern part of the lot, they would agree not to
allow anything but residential.
Mr. Williams: Well, now again, we come back to the same old thing. Next two
years, I will be right back in front of this microphone dealing with you
people.
Mayor Suarez: Except there will be, presumably a covenant, there will be an
agreement, that will be in the public records that says that no one can build
anything but residential on there.
Mr. Williams: And they are talking about a financial hardship. They have at
least three different groups that meet there, I am quite sure. Anything too,
and these people who are here, ask them how many of them live in the
neighborhood. These are church members. They come in and go.
Mayor Suarez: OK, we have heard all of that argument. We have heard all of
that.
Mr. Williams: Well, that is right, I am deeply concerned about this thing.
Mayor Suarez: We have heard all of that. I know Sandy lives in the
neighborhood.
Mr. S. Hall: Mr. Mayor, one last statement. If you will note, I am sure all
the Commissioners are aware, and everyone here, that the developers that have
come into that area from 36th Street north, have made it a beautiful,
beautiful area for us. I am proud to ride through there and say that I'm
going to my home through Decorator's Row.
Mr. Williams: You have so much...
Mayor Suarez: Please, please, please. Either argument is irrelevant at this
point. I entertain a motion from the Commissioners on any of this, either
way. Silence! No one wants to bite the bullet.
Mrs. Kennedy: No, I will move...
Mr. Dawkins: I'll go along with the recommendation of the Administration.
Mrs. Kennedy: Yes, I will second.
Mayor Suarez: Moved and seconded. Any further discussion? Read the ordinance
as amended.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.(NOTE:
THIS ORDINANCE WAS NOT VOTED UPON. SEE HEREINBELOW.)
Mr. Dawkins: Wait a minute. You said to deny, right?
Mr. Olmedillo: We had stated denial as the application read, which was the
entire site, and we recommended approval of only the southern half.
Mr. Dawkins: I want to deny the whole thing now.
Mayor Suarez: Motion to deny the entire application. Do we have a second?
No second?
Mr. Plummer: Yes, I will second.
Mayor Suarez: To deny?
262 October 22, 1987
Mr. Plummer: Yes.
Mayor Suarez: Move to deny, a second. Any further discussion? Call the roll.
Mr. Plummer: Let me, just under discussion, Mr. Mayor.
Mayor Suarez: Mr. Vice Mayor.
Mr. Plummer: To the people of the church, I think I maybe would feel
differently if it was for a given project and I knew what that project was,
OK? Because then we could, in fact, extract from those people who would be
the new owners. What I am in fact saying to you and I am saying it in front
of him, that if you get a contract to buy, and I know what is going on that
property and how it is going on that property, and I as a Commissioner can
hold you to the fire, I would probably think differently, OK? But, right now,
this is speculation. Speculation asking us to zone it, so hopefully you can
find a buyer at a higher zoning. You might not. You might, but I am saying
is, we don't know. When we turn that lose, there is no buffer as far as we
are concerned. When a man told me that you could build 100 feet high, that
killed it for me.
Mayor Suarez: We have a motion and a second. Any further discussion? Call
the roll.
MOTION FAILED. AFTER BEING DULY MOVED BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER PLUMMER, MOTION TO DENY THE APPLICATION IN
ITS ENTIRETY FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
NOES: Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
Mayor Suarez: We can try the other motion, but it looks like it is going to
come out two to two to approve. Do you want to try it, Commissioner Kennedy?
Mrs. Kennedy: I will follow the Planning Department's recommendation and make
a motion based on that.
Mayor Suarez: I'll second.
Mr. Plummer: Motion made a seconded to approve the amended version, which
then would be only the south half of the property. I assume you are
incorporating as a covenant, as volunteered.
Mayor Suarez: For the second reading, would expect it, so that would...
Mr. Plummer: Is there any further discussion on this?
Mr. Dawkins: Under discussion.
Mr. Plummer: Under discussion, Commissioner Dawkins.
Mr. Dawkins: I do not believe any member of this Commission would want to be
living across the street in front of this and have this voted on for your
neighborhood and it is very unfair, in my opinion for us to sit here and vote
= on something that is going to jeopardize these people's homes the way we are
doing.
Mr. Plummer: Well, wait a minute, hold on now. The City Attorney just
reminded me of something. If this vote comes out a two -two tie, it still
comes back.
Mayor Suarez: Right.
Mr. Plummer; It takes three votes to do anything, approve or deny.
Mayor Suarez: If that happens, we are back to your suggestion that maybe they
come with some kind of a plan. OK.
263 October 22, 1987
Mr. Dawkins: If they come and tell me what they are going to do, I am like
J.L., I'm for it, but I just cannot give them the speculation...
Mr. Plummer: Well, whoa, whoa. I didn't say if they came with the plan, I
would be for the plan, but at least, I would see and could have restricted and
could put limitations on it. I have nothing to do here except to hear them
say that they hopefully will find a buyer for it. Well, what that buyer might
not be as scrupulous as the church people are. Motion understood. Call the
roll. The motion is to approve as modified.
MOTION FAILED. AFTER BEING DULY MOVED BY COMMISSIONER KENNEDY AND
SECONDED BY MAYOR SUAREZ, MOTION TO APPROVE THE PLAN AS MODIFIED
FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: Commissioner Joe Carollo
Mr. Plummer: It is carried over to the next meeting.
Mayor Suarez: Is it automatically carried over, or is it just in limbo?
90. EXTEND MORATORIUM ON IMPACT FEES FOR THREE ADDITIONAL MONTHS, AND BAN
COLLECTION OF SAID FEES DURING THIS TIME.
Mr. Plummer: Since it is 9:00 o'clock, I had to pass the moratorium on the
impact fees to continue it over so there will be no problems. Read what I've
got to pass.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mr. Plummer: I so move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion?
Mr. Plummer: Yes, under discussion.
Mrs. Kennedy: Let me just take a note...
Mr. Plummer: (Off mike) Mr. Mayor, at lunch today, the City Attorney was
Indicating to me that she feels she has a new formula that could address and
possibly be fairer than the present impact fees that we have. I would ask
once again, in the interim between now and November 12th, once she has
developed that formula that she would hold a workshop hearing and she would in
fact meet with all parties who are interested enough to go to the meeting, and
has the potential of being more fair and equal across the board.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Call the roll.
Ms. Miriam Alonso: Can we speak on this subject, please?
!Mayor Suarez: You are not going to speak against it, are you?
Mr. Plummer: Speaking to defer it.
Mrs. Kennedy: To the deferment.
Mrs. Alonso: Well, the problem is this.
264 October 22, 1907
•
•
Dr. Alonso: We have been here for a long time.
Mayor Suarez: You are asking us to reverse policy of the City?
Dr. Alonso: Mr.Plummer, that's is an abuse of our people? That is not fair to
us!
Mrs. Alonso: Let me put it this way. We requested a hearing for the Sth.
Dr. Alonso: I came here in the month of August. We are asking for more than
two months sincl That's not fair!
Mayor Suarez: Please, Dr. Alonso, please! Please.
Mrs. Alonso: We requested a hearing for the 8th. We were told that the 22nd,
it was going to be an opportunity to discuss this matter. It was transferred
for this meeting tonight.
Dr. Alonso: I asked in Augustl In Augustl
Mrs. Alonso: It was placed for the 7:00 o'clock. We came last time. We
stayed here four hours until 11:30 p.m. Today, we came back again, it was for
7:00 o'clock. I see a list of items from the Planning Department placed at
the end of the agenda.
Dr. Alonso: Sure, the Planning Department is playing a game here.
Mrs. Alonso: We consider that this is unfair to the community. We really
feel that if you are going to postpone this item, don't do it for November
12th. Give at least...
Dr. Alonso: (INAUDIBLE)
Mrs. Alonso:... Six moratorium, or make a decision tonight. I don't think it
is fair...
Dr. Alonso: We cannot play a political game here, Mr. Mayor.
Mrs. Alonso:... postponing this item.
Mayor Suarez: If you don't have the courtesy with the Commission, at least
have it with your own wife.
Mrs. Alonso: I really think that you should really do a six month moratorium
or at least make a decision tonight. I think we have come here twice and I
really think we deserve an answer. I want you to think very carefully about
your decision, whatever it is. This community needs your understanding in this
matter. Miami needs your understanding. Impact fees could be a very serious
gain for this City and I want you to remember that we have a serious situation
in one part of our county, and that's Miami Beach and I want you to think
about Little Havana and I want you to think about Edison and Allapattah and
Wynwood, when you make this decision, because we need revitalization of those
areas and we also need buildings to improve the area because, right now what
we have is the deterioration of the area, so I plead to you to think very
carefully about this item and maybe, if you don't want to make a decision
tonight, don't do it like a joke, November 12th, just after the election.
Make it in a more serious way and I pledge to you that we will work with you,
but please, make something that looks in a more serious and a respectful way
to this community. At least, give the serious moratorium of six months.
Mrs. Kennedy: Mr. Manager, the last time I asked you to hear these people at
a specific time, 5:00 o'clock or 6:00 o'clock, and it wasn't done.
Mrs. "Alonso: You made the request that we be heard at 5:00 o'clock and we
were placed at 7:00 o'clock and now we are at 9:30 p.m.
Dr. Alonso: That man always puts us at the very and. That is not fair.
Mayor Suarez: Pleasel Pleasel
265 October 22, 1987
Mrs. Alonso: Also, i want to make reference to you to something that perhaps
you don't know. At the last meeting, you requested that the people be given a
moratorium of 30 days. People have been asked to sign forms....
Mayor Suarez: OK, Dr. Alonso, for myself, the moratorium to be until as long
as it takes to get back to the figures that I was initially given that it
would cost on a per unit basis, which is $500 per unit. Now, I find that the
impact fee is much more like $1500 per unit, which is three times as high, so
I have no problem with a longer moratorium, but I think you are asking us to
reverse Commission action taken recently. I think a more reasonable period of
time for the moratorium would be three months and yes, let's spend some time
with this and come to some agreement on it. A major policy decision will have
to be made by the City. It looks like it will have to be made by the new
Commission, whoever they may be. Three of us are up for reelection and so I
would accept a motion on a three month moratorium.
Mrs. Kennedy: I so move.
Mr. Plummer: I have no problem with a three month moratorium, Mr. Mayor, but
let me remind all of you, and you had better be very much aware that this
impact fee is not the creation of this City Commission. The impact fee is
coming from the State of Florida and regardless of what happens here, at this
level, if we kill it here tonight, that moratorium, if we kill it, it is still
coming in the summertime. The impact fees are right around the corner.
Mrs. Dougherty: And we cannot have...
Mr. Plummer: And what we are trying...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: That's right. You better also be aware, you could be moratorium
yourself out of business on development order if impact fees, which are coming
up on November 2nd... November 2nd is coming up before the South Florida
Regional Planning Council and it is coming up here on November 13th. That
development order is not going to be put into place and in effect, you are
going to be stopping all construction until that impact fee is in place
because a development order says that the impact fee must... I underline it...
must be in place or you...
Mayor Suarez: And that not... wait, doctor!
Mrs. Alonso: May I say something, please? If the item was serious as you say,
Commissioner Plummer, why this was not studied in a very serious way?... in
order to make a decision tonight!
Mr. Plummer: Miriam, excuse me...
Mrs. Alonso: Give something to the community.
Mr. Plummer: Excuse me, Miriam...
Mrs. Alonso: May I add something else?
Mr. Plummer: Sure.
Mrs. Alonso: When you read what Tallahassee approved, it says very clear that
the only idea is to stop. They have three items that they read. It says, "to
stop development." Can we afford, Commissioner Plummer, and I ask you
directly this question, can we do that in Liberty City, Little Havana,
Allapattah, Wynwood... can we afford this in the City of Miami, I ask you?
Mr. Plummer: Miriam...
Mayor Suarez: We've heard the argument. Doctor, let me make another
clarification. After...
Mr. Plummer: Wait, let me answer that, please.
Mayor Suarez: Mr, Vice Mayor, let me tell them one thing that I think could
help in all of this. The last time we imposed a moratorium, I thought we
clarified that it meant that no fees would be collected from anyone building
in that period of time, or applying...
266 October 22, 1987
Mr. Plummer: That's correct.
Mayor Suarez: Instead, they were being given this sheet that said they may
have an impact fee applied to that...
Mr. Plummer: Subject to...
Mayor Suarez: Right, and that was not the way it should have been done. Let
us this time, with a three month moratorium, clarify that we mean for the fee
not to be collected on those projects during the time in question, and that's
the best we can do tonight.
Mr. Plummer: That's correct.
Mrs. Dougherty: Or any time later.
Mayor Suarez: On those projects, right.
Mr. Plummer: Not retroactive?
Mayor Suarez: Right.
Mr. Plummer: OK. Now, let me say to you...
Mayor Suarez: We are suspending totally the application of that ordinance
until we have had a chance to...
Mr. Plummer: To the Alonso's, may I strongly urge you, as I have urged this
Commission here this evening. I'm going to make... Sergio, make them a copy
right now, give them a copy of that which you passed out to the Commission in
reference to the development order. May I strongly suggest that if you want
to turn out in mass, you had better do it on November 2nd and November 12th.
November 2nd is in front of the South Florida Regional Planning Council, who
are the ones coming down with the development order. Now, the reason that we
were pushing before the summer to get that impact fee in place was so that we
knew that that was going to be a part of the development order. What they are
going to say to you, and I am not arguing with you, OK... that if you don't
have that impact fee in place by November 12th, you are not going to have a
development order for the City of Miami.
Mrs. Alonso: But we wish you had come with a reasonable figure. You came with
one that is impossible.
Mr. Plummer: That is why we are discussing it.
Mrs. Alonso: You cannot build Flagami for $1.62. You can't afford to do
that. It doesn't make sense!
Mr. Plummer: That's why we are discussing it.
Mayor Suarez: And we have...
Mrs. Alonso: And I wish the doors were not locked the day that we had the so-
called workshop, because at 6:05, the front door of this building was locked!
Mr. Pierce: That is absolutely not true! Just a moment.
Mrs. Alonso: Commissioner, Mr. ...
Mr. Pierce: Just a moment! Mrs. Alonso, with all due respect...
Mrs. Alonso: I was talking, if you...
Mayor Suarez: Well, I don't... the next time we have a hearing, the door will
have to be absolutely open, so if we made a mistake, or the doors seemed to be
locked to some people, or if you didn't get in, or she didn't get in...
Mr. Pierce: Mr. Mayor, that...
Mrs. Alonso: And the front door was not locked. Commissioner Carollo is not
here tonight, but he was with us outside this building and 6:17...
267 October 22, 1987
3
i
Mr. Pierce: Mr. Mayor. Mr. Mayor.
Mayor Suarez: That door occasionally locks...
Mrs. Alonso: And the door was locked.
Mayor Suarez: Why are we going to argue about this? I can't believe you are
going to argue about this, Walter. And I don't care if the door was locked,
it should not be in the future, no listen, let me finish...
Mr. Pierce: I don't want to argue about it, Mr. Mayor, but something was said
on the record that I feel that on behalf of...
Mayor Suarez: What, that the door was locked?
Mr. Pierce: No.
Mayor Suarez: You are personally aggrieved by that? Come one!
Mr. Pierce: I walked through that door at 6:25.
Mayor Suarez: All right, you figured out a way to get in at 6:25. Now,
listen...
Mr. Pierce: I saw Mr. Campbell out there and I didn't see anybody else.
Mr. Dawkins: It was unlocked from the inside and locked from the outside.
Mayor Suarez: Right, there are a lot of ways to get in. I even have problems
with my key. Now listen, there is another problem that you ought address, and
that is what the Commissioner is getting at... the Vice Mayor is getting at.
The legislature has said that for us to be able to collect the impact fees
from large projects, from those projects that fit under the DRI process and
maybe, from the next highest or largest size, we must have a universal impact
fee ordinance.
Mr. Plummer: Exactly.
Mayor Suarez: That is the problem that we are tackling now. We may have to
have a change in the legislation next legislative session. We may have to do
something, but we cannot be prevented from collecting from those large
projects that do cause an immediate impact that is observable and that we must
collect monies for, otherwise they cannot build those projects.
Mrs. Alonso: Exactly. Find an agreement, something that we can all live
with.
Mayor Suarez: We are in a catch-22 situation. We need your input on all of
this so that we have the right kind of legislation that we can apply it. We
can still figure out a way to exempt small projects. Right now we cannot. We
are not sure that we can exempt single family residential without incurring a
constitutional problem here, which we did in this particular ordinance that we
have on the books, so help us with that in the next few months.
Mrs. Alonso: Maybe you all will have to lobby on behalf of the City of Miami,
because we cannot afford to stop the construction.
Mayor Suarez: Well, it affects the City of Miami differently from other parts
of the state, there is no doubt about it. Our infrastructure needs are totally
different than...
Dr. Alonso: Mr. Mayor, this paper that the people have been signing, how are
they going to be notified that they don't have to pay?
M' Mr. Plummer: That is now...
Mayor Suarez: We will notify the ones who signed it. We know who they are
because they have applied, so we will notify them in writing.
Mr. Plummer: Nobody will be asked to sign a paper between now and the meeting
in January.
268 October 22, 1987
Mayor Suarez: We have a motion and a second. Any further discussion? Call
the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-980
A MOTION EXTENDING THE MORATORIUM ON IMPACT FEES FOR THREE
ADDITIONAL MONTHS; FURTHER STATING THAT NO IMPACT FEES ARE
TO BE COLLECTED DURING SAID TIME.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE EXTENDING A MORATORIUM ADOPTED
SEPTEMBER 22, 1987 ON THE COLLECTION OF IMPACT FEES AS
ORIGINALLY IMPOSED PURSUANT TO ORDINANCE NO. 10273,
ADOPTED MAY 26, 1987, TO LAST FOR 90 DAYS.
I Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Whereupon the Commission on motion of Commissioner Kennedy and seconded
by Commissioner Plummer, adopted said ordinance by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10339.
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.
269
October
22,
1987
------------------ ----------------------------------------------------------
91. EXECUTE AN AGREEMENT WITH NORA SWAN IN THE AMOUNT OF $11,500 FOR
PROFESSIONAL SERVICES RELATING TO IMPROVING THE FILM, TELEVISION AND
THEATRE INDUSTRIES IN MIAMI.
Mrs. Kennedy: Mr. Mayor, we never voted on Nora Swan's contract, I move it.
Nora Swan, wait one moment.
Mayor Suarez: You have a resolution on Nora Swan's contract, you made a
motion that was seconded, did you not, Commissioner Kennedy?
Mrs. Kennedy: It was seconded. We need the roll call.
Mayor Suarez: Call the roll on the Nora Swan contract.
Mr. Foeman: I need a second.
Mr. Plummer: I second it.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-981
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH NORA SWAN, AN INDIVIDUAL, IN AN AMOUNT NOT
TO EXCEED $11,500 FOR PROFESSIONAL SERVICES RELATED TO THE
PLANNING OF PROMOTIONAL ACTIVITIES FOCUSING ON THE
ENHANCEMENT OF THE FILM, T.V. AND THEATRE INDUSTRIES IN
THE CITY OF MIAMI; WITH MONIES THEREFOR ALLOCATED IN THE
DEPARTMENT OF DEVELOPMENT FY 1987-88 BUDGET.
(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 Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
92. CONTINUE ALL PLANNING AND ZONING ITEMS TO MEETING OF NOVEMBER 12, 1987.
Mayor Suarez: And finally to continue all the items until the next meeting, I
need a motion.
Mr. Plummer: So moved.
Mayor Suarez: Moved.
Mrs. Kennedy: Move it .... second.
Mr. Plummer: November 12th.
Mayor Suarez: Somebody else second please.
Mr. Plummer: Until November 12th.
Mayor Suarez: Commissioner Kennedy seconds. Call the roll.
270 October 22, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 67-982
A MOTION CONTINUING ALL PLANNING AND ZONING ITEMS NOT
TAKEN UP IN TODAY'S AGENDA TO THE MEETING OF NOVEMBER 12,
1987
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
THERE BEING NO FURTHER BUSrNESS TO CUM BEFORE THE CITr
camrSSION, THE KEE'TING WAS ADJOURNED AT 9:39 P.M.
ATTEST:
Palter J. Foenan
•SSISTANT CITT CLERK
Xavier L. Suarez
N♦TOR
�•TF" r,
i
271
October 22, 1987
CITY OF MIAMI
DOCUMENT INDEX
kfjeTM MTL. O CT OBER 22, 1987
RAW 1 OF
CONDOLENCE TO CITY CLERK MATTY HIRAI
UPON THE PASSING OF HER FATHER; FURTHER
WSHING HER A SPEEDY RECOVERY FROM THE
GERMAN MEASLES.
ACCEPT BID OF CORAL GABLES GLASS &
MIRROR CORP. FOR FURNISHING AND
INSTALLING FIFTEEN ALUMINUM WINDOWS AT
THE ORANGE BOWL PRESS BOX AT A COST OF
$4,750.05.
ACCEPT BID OF ALL PHASE ELECTRIC SUPPLY
FOR FURNISHING ELECTRICAL SUPPLIES TO
GSA AT A COST OF $6,344.00.
ACCEPT BID OF TOM S WELDING SERVICE TWS
FABRICATORS FOR FURNISHING FIVE ONS
YEAR NON -ROTATING TRASH BUCKETS TO GSA
AT A COST OF $34,750.00.
ACCEPT BID OF FLORIDA COOL SERVICE,
INC. FOR AIR CONDITIONING MAINTENANCE
FOR CMPUTER DEPARTMENT BUILDING AT A
TOTAL FIRST YEAR COST OF $6,759.96.
ACCEPT BID FO CASEY'S TOWER SERVICE,
INC. FOR RELOCATING RADIO TOWER FROM
1080 N.W. 20TH STREET TO FIRE STATION
11, 5920 W. FLAGLER STREET.
ACCEPT BID OF VISTA BUILDING
MAINTENANCE SERVICES, INC FOR
JANITORIAL SERVICES AT COMPUTERS
DEPARTMENT BUILDING AT A COST OF
$9,782.04 FOR ONE YEAR.
ACCEPT BID OF C. & C. MAINTENANCE FOR
JANITORIAL SERVICES AT A MANUEL ARTIME
COMMUNITY,CENTER AT A TOTAL FIRST YEAR
COST OF $22,667.88,
ACCEPT BID OF BEAR AUTOMOTIVE SERVICE
EQUIPMENT COMPANY FOR ALIGNMENT SYSTEM
FOR GSA AT A COST OF $19,856.20.
ACCEPT BIDS OF MIDWEST COMMUNICATIONS
CORPORATION, GRAY COMMUNICATIONS, AND
FLORIDA VIDEO SYSTEMS TO FURNISH AUDIO
VISUAL EQUIPMENT TO THE DEPARTMENT OF
FIRE RESCUE AND INSPECTION SERVICES.
87-864
87-866
87-867
87-868
87-869
87-870
87-871
87-872
87-873
87-874
1 i m � a M* A. -;a ill
Ll
0
uocunnENr iNoex
AUTHORIZE PURCHASE OF ONE TORO MOWER
FROM ZAUN EQUIPMENT AT A TOTAL COST
OF $50925.00.
ACCEPT BIDS OF ACE LAWNMOWER SERVICES,
HECTOR TURF, INC., MAC'S LAWN AND TURF,
AND DEBRA TURF & INDUSTRIAL EQUIPMENT
FOR FURNISHING CHAIN SAWS, LINE
TRIMMERS AND MOWERS FOR THE DEPARTMENT
OF PARKS, RECREATION AND PUBLIC
FACILITIES.
ACCEPT BID OF OAKS WHOLESALE
DISTRIBUTORS FOR FURNISHING 9MM
PARABELLUM AMMUNITION TO THE DEPARTMENT
OF POLICE AT A TOTAL FIRST YEAR COST OF
$48,000,00.
ACCEPT BASE BID OF ROBINSON
CONSTRUCTION, INC. (A B -ACK CONTRACTOR)
IN THE AMOUNT OF $348,100 FOR
PROTOTYPICAL HOUSING - CITY OF MIAMI -
CARVER BRANCH -YMCA DEMONSTRATION
PROJECT.
ACCEPT BID OF SOLAR HEATING OF FLORIDA
IN THE AMOUNT OF $31,782.00 FOR FIRE
TRAINING CENTER - REMEDIAL WORK.
ACCEPT CONTRACT EXTENSIONS WITH H & C
MAINTENANCE, ROBERT BROWN BUILDING
MAINTENANCE, AND INDUSTRIAL BUILDING
MAINTENANCE FOR FURNISHING CUSTODIAL
SERVICES AT VARIOUS LOCATIONS AT A ONE
YEAR TOTAL COST OF $73,992.00
ACCEPT CONTRACT EXTENSION WITH TEMPTROL
AIR CONDITIONING, INC FOR FURNISHING
IR CONDITIONING MAINTENANCE SERVICES
TO G.S.A. AT A COST OF $39,180.00.
ACCEPT CONTRACT EXTENSION WITH PROPERTY
MANAGEMENT AND MAINTENANCE, INC. FOR
CLEANING AND TRASH REMOVAL AT CITY OF
MIAMI STADIUMS AT ONE YEAR COST OF
$85,451.00.
ACCEPT EXTENSION OF CONTRACT WITH
PROPERTY MANAGEMENT AND MAINTENANCE,
INC. FOR AFTER EVENTS CLEANING AND
TRASH REMOVAL SERVICES AT CITY OF MIAMI
STADIUMS AT A ONE YEAR COST OF
$46,690.00.
PAW.LOF�
RE I NVAL GEODE NO.
87-875
E:-fiff:1Z:
87-877
87-878
87-879
87-880
87-881
87-882
87-883
-i
DOCUMENT INDEX
• Ff d vAlso
ACCEPT ONE YEAR CONTRACT EXTENSION WITH
G.E. METCALF AND COMPANY FOR FURNISHING
600 CU. YDS. OF RED CLAY TO THE PARKS,
RECREATION AND PUBLIC FACILITIES
DEPARTMENT AT A COST OF $10,000.00.
87-884
ACCEPT ONE YEAR CONTRACT EXTENSION WITH
J.W. MAINTENANCE FOR FURNISHING GROUNDS
MAINTENANCE AT CITY PARKS AND LOCATIONS
AT A TOTAL COST OF $94,392.00.
87-885
ACCEPT ONE YEAR CONTRACT EXTENSION WITH
HELENA CHEMICAL COMPANY FOR WEED KILLER
AT A COST OF $31,080.00.
87-886
ACCEPT ONE YEAR CONTRACT EXTENSION WITH
BRUNING COMPANY FOR FURNISHING THE
BLUEPRINT REPRODUCTION PAPER SUPPLIES
TO PUBLIC WORKS AT A COST OF
$9,000.00
87-887
ACCEPT ONE YEAR CONTRACT EXTENSION WITH
INFORMATION MANAGEMENT OF FLORIDA/CANON
FOR RENTAL OF THREE
MICROFILM/MICROFICHE READER PRINTERS TO
THE POLICE DEPARTMENT AT A COST OF
$13,740.00.
87-888
ACCEPT ONE YEAR CONTRACT EXTENSION WITH
PHYSIO CONTROL CORPORATION FOR
MAINTENANCE SERVICES AND RELATED
SUPPLIES FOR DEPARTMENT OF FIRE, RESCUE
AND INSPECTION AT A COST OF $27,120.00.
87-889
AUTHORIZE CITY MANAGER TO AMEND
AGREEMENT BETWEEN SPILLIS, CANDELA &
PARTNERS,INC. AND THE CITY OF MIAMI
FOR STAGE II OF RENOVATION AND
EXPANSION OF THE COCONUT GROVE
EXHIBITION CENTER AT A FEE OF $325,000.
87-890
AUTHORIZE FIVE-YEAR LEASE WITH DADE
COUNTY SCHOOL BOARD FOR USE OF MIAMI
PARK FALICILITIES AT LEMON CITY, ATHALIE
RANGE, GIBSON, GRAND, WEST END AND
SHENANDOAH FOR $1.00 PER YEAR PLUS
MAINTENANCE COSTS.
87-891
ENGAGE TOWERS, PERRIN, FORSTER & CROSBY
FOR ACTUARIAL ASSISTANCE IN PENSION
MATTERS.
87-892
EXECUTE AGREEMENT WITH THE FILM SOCIETY
OF MIAMI,INC. FOR $110,000. TO SUPPORT
ACTIVITIES INCLUDING FIFTH "MIAMI FILM
FESTIVAL."
87"893
DOCUMENT INDEX
i . . ,ILA. ! ,
AUTHORIZE $11,000 AGREEMENT WITH U.S.
DEPARTMENT OF COMMERCE IN CONNECTION
WITH EXPENSES FOR MIAMI CONFERENCE ON
INTER AMERICAN TRADE AND INVESTMENT AND
WESTERN HEMISPHERE SENIOR COMMERCIAL
OFFICER CONFERENCE.
AUTHORIZE $10,000 AGREEMENT WITH THE
GREATER MIAMI CHAMBER OF COMMERCE IN
SUPPORT OF THE 1987 MIAMI CONGRESSIONAL
WORKSHOP, DECEMBER 5-7, 1987.
EXECUTE $150,000 AGREEMENT WITH
NORTHEAST MIAMI CHAMBER OF COMMERCE,
INC. FOR THE PURPOSE OF COMPLETING
CONSTRUCTION AND RENOVATION OF GARDEN
COVE SHOPPING CENTER.
AUTHORIZE $60,000 AGREEMENT WITH
HISPANIC HERITAGE FESTIVAL COMMITTEE,
INC. IN SUPPORT OF THE XV HISPANIC
HERITAGE FESTIVAL.
AMEND ECONOMIC DEVELOPMENT AGREEMENT
WITH THE WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION, INC. AND
PROVIDE ADDITIONAL $37,000 FROM
SPECIFIED FUNDS.
EXECUTE $50,000 AGREEMENT WITH
CARIBBEAN CENTRAL AMERICAN ACTION INC.
IN SUPPORT OF THE 1987 MIAMI CONFERENCE
ON THE CARIBBEAN, NOVEMBER 30TH
DECEMBER 2ND, 1987.
AUTHORIZE AGREEMENT WITH PUBLIC HEALTH
TRUST OF DADE COUNTY FOR COORDINATION
OF EMERGENCY MEDICAL SERVICES PROVIDED
BY CITY OF MIAMI FIRE, RESCUE AND
INSPECTION SERVICES DEPARTMENT.
AUTHORIZE AGREEMENT WITH CELLAR DOOR
CONCERTS, INC. FOR THE USE OF THE
ORANGE BOWL STADIUM.
AUTHORIZE EXECUTIVE DIRECTOR, DOWNTOWN
DEVELOPMENT AUTHORITY, TO EXPEND FUNDS
FOR DOWNTOWN STUDIES, BEAUTIFICATION,
MARKETING AND CAPITAL IMPROVEMENTS.
INITIATE PURCHASE OF LAND PARCEL
LOCATED AT 104 N.W. 1ST AVENUE WITH
FUNDING TO BE PROVIDED FROM THE GRAN
CENTRAL CORPORATION.
PAW _OF.
RETREVAL CODE NO.
87-894
87-895
8 7-896
87-897
87-898
87-899
87-900
87-901
87-902
87-903
a
DOCUMENT INDEX
CONFIRM GRANT ACCEPTANCE FROM FLORIDA
DEPARTMENT OF VETERAN AND COMMUNITY
AFFAIRS IN THE AMOUNT OF $20,000 TO
CONDUCT A CHILD DAY CARE PROGRAM.
CONFIRMING GRANT AWARD ACCEPTANCE FROM
FLORIDA DEPARTMENT OF HISTORIC
PRESERVATION FOR RENOVATION OF THE
MANUEL ARTIME AUDITORIUM.
AUTHORIZE CITY MANAGER TO PAY BAYSIDE
CENTER LIMITED PARTNERSHIP RENTAL
CREDIT IN THE AMOUNT OF $1,675,000. IN
ACCORDANCE WITH MIAMIRINA AGREEMENT.
APPROVING SELECTION PROCESS OF FIRMS TO
PROVIDE LAND SURVEY SERVICES FOR CITY
OF MIAMI PROJECTS 1988.
ISSUE RFP FOR LEASE FOR CAFETERIA NAD
VENDING CONCESSION IN THE MIAMI POLICE
DEPARTMENT BUILDING.
ISSUE RFP FOR RESTAURANT LEASE TO BE
LOCATED IN FORR DALLAS PARR.
ADVERTISE FOR PROFESSIONAL SERVICES TO
CONDUCT AN ECONOMIC FEASIBILITY STUDY
FOR THE OMNI REDEVELOPMENT AREA
PROJECT.
ACCEPT PROPOSALS OF GABRIAL GARCIA-
MENOCAL AND ROBERTO FLOREZ TO APPRAISE
PROPERTY ON N.W. 6TH STREET FOR
POSSIBLE LOCATION OF SPORTS ARENA
PARKING FACILITY.
AMENDMENT INCREASING THE TOTAL
MERBERSHIP OF VISIONS 2000 COMMITTEE
FROM 10 TO 25.
ORDER CITY WIDE SANITARY SEWER
EXTENSION IMPROVEMENT - S.W. 8 COURT
SR-5539-(CENTERLINA)
AMENDMENT PROVIDING THAT CITY BID BOND
VOUCHER PROGRAM FOR MINORITY AND FEMALE
FIRMS BE LIMITED TO CONSTRUCTION
CONTRACTS OF $200,000 OR LESS.
SETTING FORTH PROCUREMENT AND
DEVELOPMENT METHODS TO HOUSE THE U.S.
ATTORNEY'S OFFICE AND OTHER FEDERAL LAW
ENFORCEMENT AGENCIES IN MIAMI.
AUTHORIZE $50,000 PAYMENT TO REBECCA
SHAW AS PERSONAL REPRESENTATIVE OF
DOROTHY ROBINSON IN FULL SETTLEMENT OF
ALL CLAIMS AGAINST THE CITY OF MIAMI.
m.. S cw
OVAL C*M W.
87-904
87-905
87-906
87-907
87-908
87-909
87-910
87-911
87-913
87-914
87-915
87-916
87-917
DOCUMENT INDEX
DESIGNATING MEMBERS TO SERVE ON
DOWNTOWN WATERFRONT MASTER PLAN
IMPLEMENTATION ADVISORY COMMITTEE.
AUTHORIZE DESIGNATED STREET CLOSURE AND
OTHER REGULATIONS PERTAINING TO 1988
SPECIAL EVENTS CONDUCTED BY THE KIWANIS
CLUB OF LITTLE HAVANA; CARNAVAL MIAMI
PASEO, 8-K RUN, BIKE DASH, CALLE OCHO
OPEN HOUSE FESTIVAL.
AUTHORIZE DESIGNATED STREET CLOSURE AND
OTHER REGULATIONS PERTAINING TO THE
BANYAN FESTIVAL CONDUCTED BY THE
COCONUT GROVE CHAMBER OF COMMERCE,
NOVEMBER 7-8, 1987.
AUTHORIZE CLOSURE OF DESIGNATED STREETS
AND OTHER REGULATIONS PERTAINING TO THE
FOUTH MIAMI BOOK FAIR TO BE CONDUCTED
BY MIAMI BOOK FAIR INTERNATIONAL, INC.,
NOVEMBER 8-15, 1987.
APPROVE ADOPTION OF SMALL BUSINESS
DEVELOPMENT PILOT PROGRAM IN THE MODEL
CITY TARGET AREA.
AMEND 1986-1987 AGREEMENT WITH MIAMI
CAPITAL DEVELOPMENT, INC. TO REALLOCATE
$500,000 FROM SPECIFIED FUNDS TO SMALL
BUSINESS DEVELOPMENT PILOT PROGRAM.
REEVALUATE POSITION BY CITY COMMISSION
RELATING TO THE SMALL BUSINESS
DEVELOPMENT PILOT PROGRAM IN THE MODEL
CITY AREA, AND APPROVE RESOLUTION BY
MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION,
AUTHORIZE ENTRANCE INTO A COLLECTIVE
BARGAINING AGREEMENT WITH SANITATION
EMPLOYEES ASSOCIATION.
RATIFY ACCEPTANCE OF A ONE HUNDRED
THOUSAND ($100,000) MIAMI POLICE
DEPARTMENT INFORMATION SYSTEM
CONVERSOIN GRANT.
APPROVAL FISCAL YEAR 1987-88
ADMINISTRATIVE BUDGET OF THE MIAMI
SPORTS AND EXHIBITION AUTHORITY.
.=OF._
RETREVAL CODE NO.
87-918
87-919
87-920
87-921
87-922
87-923
87-924
87-926
87-928
87-934
DOCUMENT INDEX
PAGE? _ OF
DOCUMENT Wonvi"ToN I RETREVAL CODE ►1p
APPROVE IN PRINCIPLE CITY OF MIAMI
CAPITAL IMPROVEMENT PROGRAM, 1987-1993 1 87-935
CONFIRM ORDERING RESOLUTION NO. 87-646
FOR CONSTRUCTION OF CITYWIDE SANITARY
SEWER EXTENSION IMPROVEMENT - NW 5TH
AVENUE. 1 87-936
RATIFY EMERGENCY ACTION IN ACCEPTANCE
OF BID OF MCO CONSTRUCTION, ZNC. AND
EXECUTION OF A CONTRACT FOR SOUTH
DISTRICT SUBSTATION -BUILDING DEMOLITION. 87-937
AUTHORIZE EMERGENCY INCREASE IN THE
CONTRACT WITH TARAFA CONSTRUCTION,INC.
FOR CONSTRUCTION OF FIRE GARAGE/FIRE
STATION NO. 3. 87-938
ACCEPT COMPLETED WORK OF FRE
CONSTRUCTION CO., INC., FOR DESIGN
PLAZA HIGHWAY IMPROVEMENT AND
AUTHORIZED FINAL PAYMENT OF SAME. 87-939
ALLOCATE $30,000 TO FAMILY HEALTH
CENTER, A DRUG/ALCOHOL TREATMENT
PROGRAM FOR WOMEN. 1 87-941
APPROVE GRANT CREDIT FOR USE FEES TO
BE PAID BY TROPICAL CLEAR BLUE LAUNDRY
SERVICES, INC. FOR USE OF LAUNDROMAT
SPACE IN THE OVERTOWN SHOPPING CENTER,
AND DESIGNATE CITY'S LIAISON TO MONITOR
THOSE CHANGES NEEDED FOR SAID FACILITY. 87-944
ALLOCATE AN AMOUNT UP TO $3,500.00 TO
COVER RENTAL FEE FOR USE OF BOBBY
MADURO STADIUM FOR THE NICARAGUAN
BASEBALL SERIES. 87-946
A. ALLOCATE AN AMOUNT UP TO $25,000.00
TO ST. JOHNS COMMUNITY DEVELOPMENT
CORPORATION, INC. TO HIRE A CONSULTANT
TO PREPARE FEASIBILITY STUDY RELATING
TO BEXT MIXED USE DEVELOPMENT ON THE
SITES ADJOINING THE OVERTOWN METRORAIL
AND CULMER METRORAIL STATIONS. 87-947
ALLOCATE UP TO $25,000 TO THE NEW
WASHINGTON HEIGHTS COMMUNITY
DEVELOPMENT CORPORATION,INC TO ASSIST
SAID AGENCY IN PROVIDING ECONOMIC
AREA. 1 87-947.1
ALLOCATE UP TO $50,000 TO DOWNTOWN
BUSINESS ASSOCIATION, AND ALSO GRANT A
FEE WAIVER FOR "LIGHT UP MIAMI" EVENT;
ALLOCATE PERMIT TO SELL BEER AND WINE
FOR SAID EVENT. 87-948
v
DOCUMENT INDEX
ALLOCATE UP TO $7,500 TO THE MIAMI
RIVER COORDINATING COMMITTEE TO COVER
FEES ASSOCIATED WITH ITS MIAMI
RIVERFEST EVENT IN BRICKELL PARK, AND
IN JOSE MARTI PARK AND CURTIS PARKS
ON DATES TO BE DETERMINED.
ALLOCATE UP TO $1,400 TO
REPRESENTATIVES OF FRATERNIDAD ACCION
PUERTORIQUENA, TO COVER CITY FEES AND
EXPENSES FOR USE OF BICENTENNIAL PARK
AND CONCESSION PERMITS FOR "FIESTA
PATRONALES PUERTORRIQUENA".
WAIVE COMPLIMENTARY TICKET LIMITATION
AS MANDATED IN SECTION 53-141 OF THE
CITY CODE, TO ALLOW FOR THEIR DONATION
TO JUST SAY NO TO DRUGS, INC., FOR
DISTRIBUTION TO LOCAL STUDENTS.
ALLOCATE AN AMOUNT UP TO $4,000 TO
AEROMEXICO TO COVER CITY FEES AND
EXPENSES FOR A "MEXICAN CHRISTMAS IN
THE GROVE".
ALLOCATE FUNDS FOR INTERNATIONAL
DISCOVERY DAY BICYCLE TOUR, WITH THE
STIPULATION THAT SOCIEDAD DEPORTIVA
(ZAS) SHALL PAY FOR CITY SERVICES AT
NEXT YEARS EVENT.
ALLOCATE AN AMOUNT UP TO $4,500 FOR
GREEK LADIES PHILOPTTOCHA'S SOCIETY OF
SAINT SOPHIA GREEK ORTHODOX CATHEDRAL.
INSTRUCT CITY ATTORNEY TO OBTAIN LEGAL
SERVICES OF PETER HURTGEN, ESQ „ AS
SPECIAL COUNSELS FOR LAWSUIT FILED BY
JOHN DEES AGAINST CITY OF MIAMI AND
AUTHORIZE EXPENDITURES NECESSARY FOR
DEFENSE OF SAID LAWSUIT.
APPROVE GRANT UP TO $25,000 TO HOME AND
HOUSING OF DADE COUNTY, INC, FOR
FUNDING TO ASSIST THE NOT FOR PROFIT
COMMUNITY DEVELOPMENT CORPORATION IN
MARKETING AN AFFORDABLE TOWNHOME
PROJECT FOR LOW AND MODERATE INCOME
?AMILIES IN OVERTOWN.
ALLOCATE UP TO $2,500 TO COVER FEES AND
EXPENSES FOR THE THIRD ANNUAL COCONUT
GROVE WAITERS RACE.
POM=oF_._.
87-950
87-953
87-954
87-956
87-957
87-959
87-961
87-962
87-963
0
Ll
DOCUMENT INDEX
.. 0""
EXECUTE AGREEMENT WITH MIAMI CAPITAL
DEVELOPMENT, INC. TO LOAN UP TO $35,000
IN SUPPORT OF A HYDROFOIL WATERBUS
PROGRAM.
RESCHEDULE SECOND REGULAR CITY
COMMISSION MEETING IN NOVEMBER (TO
NOVEMBER 12, 1987) AND SECOND REGULAR
CITY COMMISSION MEETING IN DECEMBER ( TO
DECEMBER 11, 1987).
REVERSE HERITAGE CONSERVATION BOARD'S
DENIAL OF APPLICATION FOR CERTIFICATE
OF APPROPIRATENESS TO APPROVE EXTERIOR
PAINT COLORS FOR FREEDOM TOWER, LOCATED
AT 600 BISCAYNE BOULEVARD,
EXECUTE AN AGREEMENT WITH NORA SWAN IN
THE MOUNT OF $11,500 FOR PROFESSIONAL
SERVICES RELATING TO IMPROVING THE
FILM, TELEVISION AND THEATRE INDUSTRIES
IN MIAMI.
RETRE;VAL CODE NO.
87-965
87-971
87-974
87-981