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OF MEETING HELD ON JULY 23, 1987
(PLANNING & ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OY REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
JULY 23, 1987
---------------------------
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. PRESENTATIONS, PROCLAMATIONS, PRESENTED 1
COMMENDATIONS
7/23/87
2.
(A) ALLOW FIREWORKS AT MARINE
R-87-692
1-3
STADIUM FOR JU•LY 25 BOXING MATCH:
R-87-692.1
(B) REQUEST AMENDMENT TO NOISE
7/23/87
ORDINANCE TO ALLOW FIREWORKS UNTIL
11:00 P.M.
3.
PRESENTATION TO INGRID GRAU
PRESENTED
3
7/27/87
4.
ALLOCATE $30,000 TO "VII INTER-
R-87-693
3-4
AMERICAN SUGARCANE SEMINAR"
7/23/87
5.
DEFER PUBLIC HEARING ON MIAMI ARENA
M-87-694
4-7
IN ORDER TO GIVE INTERESTED PARTIES
7/23/87
OPPORTUNITY TO NEGOTIATE FURTHER TO
SETTLE EXISTING PROBLEMS (See label
#81)
6.
INCREASE $25,000 FUNDING FOR EACH:
R-87-69
7-9
COCONUT GROVE LOCAL DEVELOPMENT
7/23/87
CORPORATION AND NORTHEAST MIAMI
CHAMBER OF COMMERCE
7.
CONSENT AGENDA
7/23/87
9-11
7.1
AUTHORIZE MANAGER TO ENTER INTO
R-87-696
12
$45,000 AGREEMENT WITH AIDA LEVITAN
7/23/87
AND ASSOCIATES FOR CONDUCTING TOURS
OF JOURNALISTS TO MIAMI AREA
7.2
ACCEPT BID: W.E. JOHNSON EQUIPMENT
R-87-697
12
COMPANY FOR CUSHION TIRE LIFT TRUCK
7/23/87
7.3
ACCEPT BID: GAMMACOLOR FOR PHOTO
R-87-698
12
DEVELOPMENT AND ENLARGEMENT
7/23/87
SERVICES FOR ONE YEAR
7.4
EXTEND PERIOD OF CRISIS COUNSELOR
R-87-699
13
FOR POLICE (MELBRON E. SELF)
7/23/87
7.5
AUTHORIZE EXECUTION OF AGREEMENT
R-87-700
13
WITH SYLVESTER LUKIS, LOBBYIST FOR
7/23/87
FEDERAL LEGISLATION
7.6 EXTEND LEASE WITH ANTONIO MOLINA R-87-701 13
7/23/87
7.7 ACCEPT GRANT FROM U.S. HEALTH R-87-702 13
DEPARTMENT THROUGH DADE COUNTY TO 7/23/87
PROVIDE CHILD DAY CARE TO LOW-
INCOME FAMILIES
R
0
7.8
AUTHORIZE PAYMENT OF CERTAIN
R-87-703
14
CONVENTION CENTER AND PARKING
7/23/87
GARAGE REVENUE BONDS COUPONS TO
REPLACE LOST COUPONS
7.9
ACCEPT PLAT: CHRISTINA NORA
R-81-704
14
7123/87
7.10
ACCEPT PLAT: RICHARD KANN
R-87-705
14
7/23/87
7.11
CLOSE STREETS FOR LABOR DAY SK RACE
R-87-706
14
7/23/87
8.
ALLOCATE $50,000 TO MIAMI-DADS
R-87-707
15-16
CHAMBER OF COMMERCE FOR
7/23/87
IMPLEMENTATION OF MARKETING
CAMPAIGN
9.
DISCUSSION AND TEMPORARY DEFERRAL
TEMPORARY
16-18
OF BID ACCEPTANCE OF TEL-CAR
DEFERRAL
CORPORATION FOR DIGITAL PAGERS (See
7/23/87
also label #54)
10.
ACCEPT BID: MARTIN L. KAISER, INC.
R-87-708
18-19
FOR ONE BOMB DISPOSAL SUIT WITH
7/23/87
WIRELESS COMMUNICATION
11.
ALLOCATE $16,103 TO BELAFONTE
R-87-709
19-20
TACOLCY CENTER, INC. TO OPERATE ITS
7/23/87
SPORTS DEVELOPMENT PROGRAM
12.
EMERGENCY ORDINANCE: INCREASE
ORDINANCE
20-22
APPROPRIATIONS IN THE ENTERPRISE
10300
FUND, GOLF COURSES FOR IMPROVING
7/23/87
THE CART PATHS AT MEL REESE AND
MIAMI SPRINGS GOLF COURSES AND
ELIMINATING DRAINAGE PROBLEM AT
MIAMI SPRINGS
13.
(A) NO MORE MONIES TO BE SPENT ON
M-87-710
22-43
BAYFRONT UNTIL EQUAL PORTION IS
M-87-711
EARMARKED FOR DAY CARE. (B) FIRST
FIRST
READING ORDINANCE: INCREASE FEES
READING
FOR DAY CARE (CHARGED TO PARENTS
M-87-712
MAKING OVER $25,000) AND SET CAP OF
7/23/87
$42,500 INCOME OF PARTICIPATING
PARENTS; FURTHER REQUIRING
PARTICIPANTS TO BE RESIDENTS OF THE
CITY. (C) REQUEST PROPOSALS FOR
PRIVATE SECTOR TO RUN DAY CARES
14.
(A) RENOVATIONS ORDERED FOR DAY
M-87-713
43-53
CARES. (B) COMMISSIONER KENNEDY TO
M-87-714
SUPERVISE RENOVATION PLANS FOR DAY
7/23/87
CARES
15.
(A) OPEN BIDS FOR THE SALE OF
M-87-715.
54-56
$1,500,000 POLICE, $1,000,000 STORM
M-87-715.1
SEWER, $2,5000,000 SANITARY SEWER,
7/23/87
AND $5,000,000 HIGHWAY BONDS. (B)
REQUIRE COMMISSION APPROVAL OF FULL
PROGRAM OF PROPOSED PROJECTS TO BE
FUNDED FROM THE SALE OF BONDS
16.
CITY MONIES TO BE SPENT FIRST IN
M-87-716
56-63
THIS COMMUNITY; 10% OF TOTAL
7/23/87
BAYFRONT REDEVELOPMENT PROJECT SET
ASIDE FOR BLACK PARTICIPATION
17.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
SPECIAL REVENUE FUND: "CIVIC PARK
10301
PLAZA OFFICE BUILDING? (UDAG) AND
7/23/87
APPROPRIATE FUNDS FOR SAME
18.
AUTHORIZE EXECUTION OF GRANT
R-87-717
AGREEMENT WITH U.S. DEPARTMENT OF
7/23/87
HOUSING AND URBAN DEVELOPMENT TO
RECEIVE UDAG FOR 1469 N.W. CIVIC
PARK PLAZA CORPORATION
19.
ALLOCATE $12,674.50 FOR EMERGENCY
M-87-718
PURCHASE OF BASEBALL CAPS AND
7/23/87
EMBLEMS FOR PAPAL VISIT
20.
DISCUSSION AND TEMPORARY DEFERRAL
TEMPORARY
OF REHABILITATION OF THE LUZERNE
DEFERRAL
APARTMENTS (See also label #22)
7/23/87
21.
(A) AUTHORIZE SALE AND ISSUANCE OF
R-87-719
$5,000,000 HIGHWAY, $1,500,000
M-87-719.1
POLICE, $1,000,000 STORM SEWER, AND
7/23/87
$2,500,000 SANITARY SEWER BONDS -
AWARD BID, APPROVE TERMS, ESTABLISH
INTEREST, ETC. (B) REQUIRE
COMMISSION APPROVAL OF ALL
EXPENDITURES FROM THE PROCEEDS OF
$1,500,000 POLICE BONDS
22.
CITY ATTORNEY TO NEGOTIATE
M-87-720
SETTLEMENT WITH REPRESENTATIVE OF
7/23/87
LUZERNE APARTMENT REHAB PROJECT
(See label #20)
23.
OPEN BIDS FOR CONSTRUCTION OF
M-87-721
SOUTHEAST OVERTOWN/PARK WEST PAVING
PROJECT PHASE I
24.
ALLOCATE $12,000 FOR "PROS FOR
R-87-722
KIDS" (ANTI -DRUG PROGRAM)
7/23/87
25.
EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE
SPECIAL REVENUE FUND: "SENIOR
10302
CITIZEN CENTERS
7/23/87
IMPROVEMENTS/CONSTRUCTION" AND
APPROPRIATE FUNDS FOR SAME TO MAKE
ALLOCATIONS TO LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS
26. ALLOCATE $196,000 TO LITTLE HAVANA R-87-723
ACTIVITIES AND NUTRITION CENTERS
27. (A) SCHEDULE PUBLIC HEARING TO R-87-724
CONSIDER (1) ALL CONSTRUCTION R-87-725
CONTRACTORS TO HIRE LOCAL LABORERS;
(2) ALL CONSTRUCTION CONTRACTORS TO
PROVIDE SATISFACTORY WAGES AND
FRINGE BENEFITS; (3) ALL
CONSTRUCTORS TO POST BOND IN ORDER
TO PROVIDE MEDICAL PLAN TO COVER
LABORERS; FURTHER DIRECTING THAT
MINORITY CONTRACTORS MUST BE
COMPETENT AND LICENSED. (B) ACCEPT
MAXIMUM COST OF $4,400,000 FROM 3-W
CORPORATION INC./FRANK J. ROONEY
INC. JOINT VENTURE, FOR
CONSTRUCTION OF NORTH DISTRICT
POLICE SUBSTATION PROJECT
63-64
64-66
67-68
68-73
73-74
74-77
78-79
79-81
81-83
83
84-91
F.
28. DISCUSSION CONCERNING POSSIBLE
CHARTER AMENDMENT TO PROHIBIT CITY
FUNDS TO BE USED IN CONVENTIONS WHO
BRING INTO MIAMI COMMUNIST
GOVERNMENT OFFICIALS
29. AUTHORIZE CITY TO JOIN LIMITED
INTERLOCAL GOVERNMENTAL LOAN
PROGRAM
30. EMERGENCY PURCHASE OF ROLL -OFF
CONTAINER/COMPACTOR UNITS AND GVW
MACK CAB AND CHASSIS TRUCKS FROM
SOUTH FLORIDA MACK TRUCK'S INC.;
REIMBURSE BIDDERS WHO BID BUT WERE
NOT CONSIDERED
31. EMPLOY CANNON, STIERHEIM, BUSUTIL
TO IMPLEMENT FLEET MANAGEMENT
DIRECT COST ALLOCATION SYSTEM TO
ANALYZE INVENTORY CONTROL
PROCEDURES AND INITIATE DESIGN OF
CITYWIDE EMPLOYEE SUGGESTION
PROGRAM
32. APPROVE AND ADOPT THE ANNUAL BUDGET
OF DEPARTMENT OF OFF-STREET PARKING
FOR FY 187-88
33. APPROVE AND ADOPT ANNUAL BUDGET OF
GUSMAN CENTER AND OLYMPIA BUILDING
34. APPROVE AND ADOPT ANNUAL BUDGET OF
DOWNTOWN GOVERNMENT CENTER GARAGE
35. FIRST READING ORDINANCE: ESTABLISH
NEW MONTHLY RATE AT MUNICIPAL
PARKING GARAGE NO. 5
36. ACCEPT PROPOSAL SUBMITTED BY
FLAGLER LANDMARK ASSOCIATES, INC.
FOR RENOVATION OF OLYMPIA
BUILDING/GUSMAN CULTURAL CENTER AS
UNIFIED DEVELOPMENT PROJECT
37. EMERGENCY PURCHASE OF ONE
INFLATABLE BOAT AND TRAILER FROM
COMPLEAT INFLATABLE, INC.
38. EMERGENCY PURCHASE OF AUDIO VISUAL
EQUIPMENT FROM GRAY COMMUNICATIONS
39. DISCUSSION AND TEMPORARY DEFERRAL
OF BID ACCEPTANCE FOR S.E.
OVERTOWN/PARK WEST SANITARY SEWER
REPLACEMENT (See label #42)
40. APPOINT GREGG BORGOGNONI TO THE
CODE ENFORCEMENT BOARD
41. DISCUSSION CONCERNING FINES CHARGED
BY THE CODE ENFORCEMENT BOARD
42. DEFERRAL OF BID ACCEPTANCE FOR S.E.
OVERTOWN/PARK WEST SANITARY SEWER
REPLACEMENT (See label #39)
43. APPOINT RICHARD PETTIGREW# LORI
WELDON, ROOSEVELT THOMAS, ELMER
LEYVA, MELVIN CHAVEZ, AND JOSEFINA
BONET HABIF TO THE PRIVATE INDUSTRY
COUNCIL
DISCUSSION
7/23/87
R-87-726
7/23/87
R-87-727
7/23/87
R-87-728
7/23/87
R-87-729
7123/87
R-87-730
7/23/87
R-87-731
FIRST
READING
7/23/87
R-87-732
7/23/87
R-87-733
7/23/87
R-87-734
7/23/87
TEMPORARY
DEFERRAL
7/23/87
R-87-735
7/23/87
DISCUSSION
7/23/87
DEFERRAL
7/23/87
R-87-736
7/23/87
91-95
95-96
96-103
103
104-106
106-107
107-111
114-117
117-121
121-125
125-126
126-127
127-128
128-130
130-131
44.
APPOINT JULIO DE QUESADA, DON LYNN,
R-87-737
131-133
HENRY GIVENS, TIBOR HOLLO TO THE
7/23/87
DOWNTOWN WATERFRONT MASTER PLAN
IMPLEMENTATION ADVISORY COMMITTEE
45.
MIAMI JEWISH HOME FOR THE AGED TO
R-87-738
133-137
BE CONSIDERED FOR CITY FUNDING IF
7/23/87
ANY FUNDS BECOME AVAILABLE IN
COMMUNITY DEVELOPMENT
46.
AUTHORIZE EXECUTION OF AGREEMENT
R-87-739
137-138
WITH SMALL BUSINESS OPPORTUNITY
7/23/87
CENTER, INC. FOR $50,000 ALLOCATION
47.
(A) ALLOCATE $3,800 TO JAMAICAN
R-87-740
139-142
AWARENESS DAY FESTIVAL (B) POSSIBLE
M-87-741
REDUCTION IN NUMBER OF POLICE FOR
7/23/87
JAMAICAN AWARENESS DAY FESTIVAL;
POST BOND FOR CLEANUP
48.
CITY SUPPORTS RESTORATION OF
R-87-742
142-144
JAPANESE GARDENS ON WATSON ISLAND
7/23/87
49.
ALLOCATE $25,000 TO ASPIRA OF
R-87-743
144-146
FLORIDA
7/23/87
50.
REALLOCATE FUNDS PREVIOUSLY GRANTED
R-87-744
146-149
TO BLACK ARCHIVES HISTORY AND
7/23/87
RESEARCH FOUNDATION FOR THE
RELOCATION OF THE ARTEMUS BROWN
HOUSE AND THE HISTORIC OVERTOWN
FOLKLIFE VILLAGE
51.
CLOSE STREETS, ESTABLISH PEDESTRIAN
R-87-745
149-151
MALL FOR LABOR DAY WEEKEND SHOPPING
7/23/87
EVENT
52.
AUTHORIZE EXECUTION OF LEASE
R-87-746
151-158
AGREEMENT WITH UNITED STATES OF
7/23/87
AMERICA FOR THE A.G.S.A. BUILDING
53.
ALLOCATE $3,000 TO MIAMI HIGH
R-87-747
159-160
SHAKEY RODRIGUEZ BASKETBALL CAMP
7/23/87
54.
BID ACCEPTANCE OF TEL-CAR
R-87-748
160-162
CORPORATION FOR DIGITAL PAGERS (See
7/23/87
label #9)
55.
DISCUSSION CONCERNING THE COST OF
DISCUSSION
162-166
METRORAIL AND THE PEOPLE MOVER
7/23/87
56.
(A) CLOSE STREETS AND ESTABLISH
R-87-749
167-169
PEDESTRIAN MALL FOR PAPAL MOTORCADE
7/23/87
IN DOWNTOWN MIAMI (B) DISCUSSION
CONCERNING FEES OF VENDOR PERMITS
DURING POPE MOTORCADE
57.
DISCUSSION CONCERNING LEGALITY OF
DISCUSSION
169
REFUSING AWARD OF BIDS TO COMPANIES
7/23/87
WHO REFUSE TO SOLICIT BUSINESS IN
FLORIDA DUE TO 5% SALES TAX
58.
DISCUSSION CONCERNING MIAMI CENTER
DISCUSSION
170-171
ASSOCIATES AT THE MIAMI CONVENTION
7/23/87
CENTER
59.
SECOND READING ORDINANCE: NEW
ORDINANCE
171-172
"OCCUPATIONAL LICENSES AND
10303
MISCELLANEOUS BUSINESS REGULATIONS"
7/23/87
60.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
172-174
NEW SPECIAL REVENUE FUND "POLICE
10304
SECOND DOLLAR TRAINING -
7/23/87
CONSOLIDATED"
61.
SECOND READING ORDINANCE:
ORDINANCE
174-175
APPROPRIATE $360,000 FOR INTEREST
10305
PAYMENT ON A HUD SECTION 108 LOAN
7/23/87
FOR OVERTOWN PARK WEST
REDEVELOPMENT
62.
SECOND READING ORDINANCE: INCREASE
ORDINANCE
175-176
APPROPRIATIONS FOR "SOUTHEAST
10306
OVERTOWN/PARK WEST REDEVELOPMENT -
7/23/87
PHASE I"
63.
AUTHORIZE EXECUTION OF AGREEMENT
R-87-750
176-177
WITH SENIOR COMMUNITY SERVICE
7/23/87
EMPLOYMENT AGENCY AND SENIOR
CENTERS OF DADE COUNTY FOR
COORDINATION OF HOME SAFETY
INSPECTION PROGRAM
64.
CLOSE ABACO AVENUE ON TEMPORARY
M-87-751
178-179
BASIS PENDING TRAFFIC STUDY
7/23/87
65.
REQUEST COUNTY REPRESENTATIVE TO BE
M-87-752
179-184
PRESENT AT NEXT COMMISSION MEETING
7/23/87
TO ANSWER QUESTIONS CONCERNING RAPE
VICTIMS
66.
SANTO DOMINGO, DOMINICAN REPUBLIC
R-87-753
184-185
TO BECOME SISTER CITY OF THE CITY
OF MIAMI
67.
APPEAL DENIED: SIGN NOT PERMITTED
R-87-754
185-200
AT 100 BISCAYNE BOULEVARD
7/23/87
(CENTRUST)
68.
SECOND READING ORDINANCE: ZONING
ORDINANCE
200-201
ATLAS AMENDMENT AT 2100 BRICKELL
10307
AVENUE FROM RG-2.1/3 TO RG-2.1/5
7/23/87
69.
DISCUSSION CONCERNING ZONING
DISCUSSION
201
CHANGES NOT BEING CONDITIONAL
7/23/87
70.
CONTINUE CONSIDERATION OF APPEAL BY
R-87-755
202-208
DEIDRE'S GROVE INC. AT 350 S. DIXIE
7/23/87
HIGHWAY TO CONSTRUCT OFFICE
BUILDING
71.
CLOSE STREET: PORTIONS OF N.E.
R-87-756
208-209
MIAMI CT. & N.E. MIAMI PLAZA
7/23/87
BETWEEN N.E. 58 AND 59 STREETS AND
GENERAL VICINITY
72.
GRANT $15,300 TO XI ANNUAL
R-87-757
209-210
CARIBBEAN YOUTH BASEBALL SERIES
7/23/87
(RENT AT BOBBY MADURO) AND FURTHER
ALLOCATE $20,000 FOR SERIES'
EXPENSE
73.
PREPARE IMPLEMENTATION PROGRAM FOR
R-87-758
210-215
VIRGINIA KEY MASTER PLAN (See label
7/23/87
#76)
t
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74.
GRANT APPEAL: REVERSE ZONING
R-87-759
216-217
BOARD'S DECISION TO GRANT SPECIAL
7/23/87
EXCEPTION OF REGULATIONS NOT TO
EXCEED 50 FEET WHERE ZONING
DISTRICT BOUNDARIES DIVIDE A LOT OF
RECORD AT TIME BOUNDARY WAS
ESTABLISHED, ETC. (AT APPROXIMATELY
4651 N.W. 3 STREET, 301-99 N.W. 47
AVENUE, ETC.)
75.
DISCUSSION CONCERNING REVIEW OF
DISCUSSION
218
"SPI-15" SOUTHEAST OVERTOWN/PARK
7/23/87
WEST OVERLAY DISTRICT" AND "SPI-16,
16.1, 16.2: SOUTHEAST OVERTOWN/PARK
WEST COMMERCIAL -RESIDENTIAL
DISTRICTS."
76.
APPROVE IN PRINCIPLE THE VIRGINIA
R-87-760
219
KEY MASTER PLAN (See label #73)
7/23/87
77.
APPROVE A 100 FOOT RIGHT-OF-WAY
R-87-761
220-225
ALONG 27TH AVENUE FROM DIXIE TO
7/23/87
BAYSHORE, WITH SIDEWALKS ON EITHER
SIDE AND SET ASIDES FOR PARKWAY
(See label #79)
78.
DISCUSSION CONCERNING THE
DISCUSSION
225-229
DEVELOPMENT OF WALFARTH PARK IN THE
7/23/87
GOLDEN ARMS/SILVER BLUFF AREA.
79.
CONTINUED DISCUSSION AND REAFFIRM
DISCUSSION
230-231
DECISION TO APPROVE A 100 FOOT
7/23/87
RIGHT -IF -WAY ALONG 27TH AVENUE FROM
DIXIE TO BAYSHORE WITH SIDEWALKS ON
EITHER SIDE AND SET ASIDES FOR
PARKWAY (See label #77)
80.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
231-232
OF 27TH AVENUE GATEWAY DISTRICT
7/23/87
(See label #82)
81.
CITY MANAGER TO INVESTIGATE RUMORS
M-87-762
232-238
CONCERNING MIAMI ARENA CONTRACT;
7/23/87
REQUEST PUBLIC HEARING (See label
#5)
82.
SECOND READING ORDINANCE: S.W. 27TH
ORDINANCE
238-245
AVENUE GATEWAY DISTRICT
10308
7/23/87
83.
SECOND READING ORDINANCE: ATLAS
ORDINANCE
245-246
CHANGE FROM RO-2.1/5 AND RG-1/5 AND
10309
RG-2/5 TO SPI-13 TO EAST SIDE OF
7/23/87
27TH AVENUE GATEWAY DISTRICT
84.
SECOND READING ORDINANCE: ATLAS
ORDINANCE
246-247
CHANGE FROM RO-2.1/5 AND RG-2.2/5
10310
TO SPI 13 TO AREA OF 28TH TERRACE
7/23/87
ON NORTH; S.W. 27TH AVENUE ON EAST;
DAY AVENUE ON SOUTH, ETC.
85.
CONTINUE CONSIDERATION OF PROPOSED
R-87-763
247-250
ORDINANCE TO CHANGE ZONING ATLAS
7/23/87
FROM RG-1/3 TO RG-2/5 IN AREA
BOUNDED BY COCONUT AVENUE ON SOUTH;
VIRGINIA STREET ON WEST; 27TH
AVENUE, ETC.
86.
SECOND READING ORDINANCE: ZONING
ORDINANCE
250-251
ATLAS CHANGE FROM RG-1/3 TO RG-
10311
2.1/3.3 AT AREA OF COCONUT AVENUE
7/23/87
ON NORTH, CENTER STREET ON EAST,
VIRGINIA STREET ON WEST, ETC.
t
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87. SECOND READING ORDINANCE: ZONING
ORDINANCE 251-252
ATLAS CHANGE FROM RG-1/3 TO
10312
RG-2.1/3.3 AT CENTER STREET ON
7/23/87
WEST, COCONUT AVENUE ON NORTH, 27TH
AVENUE ON EAST, DAY AVENUE ON
SOUTH, ETC.
88. SECOND READING ORDINANCE: PROVIDE
ORDINANCE 253-255
PROCESSING OF CLUSTER HOUSE
10313
APPLICATIONS WHICH WERE ON FILE
7/23/87
BEFORE EFFECTIVE DATE OF
LEGISLATION REPEALING SAME.
89. CONTINUE ALL ITEMS NOT CONSIDERED
M-87-764 256
ON THIS DATE TO MEETING OF
7/23/87
SEPTEMBER 22, 1987
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 23rd day of July, 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 9.06 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
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice -Mayor Plummer then
led those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS, COMMENDATIONS
Mayor Suarez: We have two ceremonial items. Do we have representatives of
the U.S. Ballroom Championship? There they are. Would you come around the
back and I'll read the proclamation in part.
1. Proclamation citing week of September 8-13, 1987, as U. S. Ballroom
Championship Week: Commending the participants and organizers of this
world renowned event.
2. A - ALLOW FIREWORKS AT MARINE STADIUM FOR JULY 25 BOXING MATCH;
B - REQUEST AMENDMENT TO NOISE ORDINANCE TO ALLOW FIREWORKS UNTIL 11:00
P.M.
Mr. Plummer: Pocket items but emergency because of timing.
Mayor Suarez: Yes, Mr. Vice Mayor.
Mr. Plummer: Number one, I have a request, as you know that there is proposed
as a world championship fight at the Marine Stadium on Saturday night. It is
the request that they want to take and put the name of the winner up in
fireworks, so they're asking for a waiver on the timing, and I think that
since it's on the key, it really won't be disturbing anybody. I would move
that this Commission so grant the waiver for the fireworks display.
Mr. Odio: Can I ask?
Mr. Plummer: Yes, sir.
Mr. Odio: On these fireworks, do you think we should revise that ordinance so
that we don't have to keep bringing this back here every time somebody wants
to have fireworks.
1 July 23, 1987
Mr. Plummer: Well, I think that you could revise it back to eleven o'clock
from the nine o'clock. But, you know, I think that we all remember very well
the night that this ordinance was put in and this town...
Mr. Odio: In the Orange Bowl.
Mr. Plummer: ... thought we were coming apart.
Mr. Odio: Right.
Mr. Plummer: It was about one o'clock in the morning, and that was what that
was put forward to do, but eleven o'clock I think would be reasonable.
Mr. Odio: And then we won't have to bring it here every time.
Mr. Plummer: OK.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-692
A RESOLUTION RELAXING THE LIMITATIONS OF THE DISPLAY
OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC
DISPLAYS IN THE MARINE STADIUM FROM 8:30 UNTIL 11:30
P.H. ON JULY 25, 1987; CONDITIONED UPON THE ORGANIZERS
INSURING THE CITY AGAINST ANY POTENTIAL LIABILITY.
(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
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Rosario Kennedy
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-692.1
A RESOLUTION DIRECTING THE CITY ATTORNEY TO AMEND THE
EXISTING NOISE ORDINANCE IN ORDER TO EXTEND THE TIME
LIMITATION ON FIREWORKS DISPLAYS UNTIL 11:00 O'CLOCK
P.H.
(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-
2 July 23, 1987
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Rosario Kennedy
--------------------------------
3. PRESENTATION TO INGRID GRAU
Mayor Suarez: Ingrid. There you are. Let's make this presentation to you.
1. Proclamation citing Thursday, July 23, 1987, Ingrid Grau Day: In
recognition of her contributions to the community, especially the Wynwood
Elderly Center.
4. ALLOCATE $30,000 TO "VII INTER-AMERICAN SUGARCANE SEMINAR"
---------------------------------------------------------------
Mr. Plummer: Mr. Mayor, it was my impression that last year that we had
included, and I find out in the budget that it is not there, under economic
development we have always had the funding of the Sugarcane Seminar which
brings, as you and I very well know, about 700 people to this community for a
full week, held at the Knight Center and it represents, I think, some 23
countries last year. I would move at this time that we reinstate that funding
as it has been in the past for this seminar which will be coming up in
September, and I would so move at the same level of funding.
Mrs. Kennedy (Off mike): Second.
Mr. Dawkins: I second. OK and under discussion, if there's any...
Mayor Suarez: So moved and seconded.
Mr. Dawkins: If there's any money left out of J.L. Plummer's campaign, we'll
contribute that too.
Mr. Plummer: I'll be happy to do it.
Mr. Dawkins: No problem.
Mayor Suarez: The principal proponent of this is Diego Suarez. I just want
to clarify...
Mr. Plummer: Yes, sir.
Mayor Suarez: ... we're not related. I've been trying to convince him that
we are. Maybe I can get a piece of his inheritance.
Mr. Plummer: But I understand that after last night that both you and Diego
are trying to get to be a relative of David Rockefeller.
Mayor Suarez: The Suarez' and the Rockefeller's are related, way back. Any
further discussion? Call the roll.
3 July 23, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-693
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $30,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN
SUPPORT OF THE "VII INTER-AMERICAN SUGARCANE SEMINAR" TO
BE HELD IN MIAMI SEPTEMBER 23-25, 1987; SAID ALLOCATION
BEING 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.)
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: I have nothing further, Mr. Mayor.
5. DEFER PUBLIC HEARING ON MIAMI ARENA IN ORDER TO GIVE INTERESTED PARTIES
OPPORTUNITY TO NEGOTIATE FURTHER TO SETTLE EXISTING PROBLEMS (See label
#81)
Mayor Suarez: Item one is discussion on the Miami Arena.
Mr. Plummer: Mr. Mayor, that was my request to bring this into a public
hearing. It is now my request, I want just to review for one second, that at
the time that we requested this matter to be brought into a public hearing,
was based on the fact of information we received that there was going to be no
discussion by the opposing side or the other side. That the door was locked
tight. There was no chance for movement whatsoever. I'm happy to report that
I'm very much aware that there is movement in negotiations of a final
settlement, and I would like to see that that negotiations continue and I
don't think that a public airing at this particular time would be beneficial
to the public or to us. I would like to take and put a time frame on that,
Mr. Manager. Well, I understand 1989 is when it's proposed, but I think that
a reasonable time would be that something be definitely settled by October
1st. That if we do not have what is considered to be a fair settlement for
both sides by October one, then, without question, you set a date for a public
hearing. But based on the fact that I have every assurance in the world that
there is movement, there is the talk and reasonable people are at the table, I
would move for a deferment at this time. Leaving the door open, Mr. Manager,
that if a stalemate occurs prior to that October 1, that you would immediately
schedule a hearing. So, Mr. Mayor and my Commissioners, I would urge that we
have a deferment on this item to give them the right to continue to talk and
to continue to bargain.
Mrs. Kennedy: I second. I think that's the wise thing to do.
Mayor Suarez: So moved and seconded. Let me ask a ques... Commissioner...
Mr. Dawkins: Go ahead, Mr. Mayor.
Mayor Suarez: In the case of the N.B.A. franchise agreement, or the agreement
rather with the N.B.A. Heat, that constitutes a tenancy agreement that would
cover presumably a substantial number of days; forty, forty-one, forty-two
days, maybe more, I don't know with practices. Is it a requirement or is it a
4 July 23, 1987
policy of the Authority that any agreement of that scope would come to this
Commission for approval as to it's terms?
Mr. Plummer: Mr. Mayor, this Commission established a policy that no contract
would be signed until this Commission had the right of review. That was
established policy.
Mayor Suarez: My question then is that the logical extension of that would be
that for one night event or two night stands by different organizations, or
what is really a timesharing situation over there or something akin to a
timesharing, that this Commission would have to approve all of those tenancy
agreements, and I presume that's not the case. Is that right, John?
Mr. Plummer: All of them, no just...
Mr. John Blaisdell: Mr. Mayor...
Mr. Odio: Oh no, you're not talking about circuses and all that.
Mayor Suarez: That's what I want to do. I want to see where our guidelines
are here.
Mr. Blaisdell: Mr. Mayor, the Miami Arena contract between the operator and
the Authority provides that any events for major tenants, which are defined...
Mayor Suarez: Major tenants, OK.
Mr. Blaisdell: Major tenants which are those tenants which use the facility I
think it's twenty nights - more than twenty nights a year, have to be approved
by the Authority. I don't know whether the documents - the contracts provide
in any manner that the City would have any approval over any of the
agreements.
Mr. Plummer: I think if you'll look into the minutes of the meeting of this
Commission, you will find that before any final documents in relations to the
N.B.A. and in relations to the constructions contracts as it relates to bid
package, at least four and five would come...
Mayor Suarez: No, as to construction there's no doubt...
Mr. Plummer: OK.
Mayor Suarez: ... we're wondering about the contracts with the tenants.
Mr. Odio: We understand that.
Mr. Plummer: Well, I built in, as I recall, I built in that, that contract
with the Heat, in particular, had to come before this Commission for review.
We know what control we have and what we don't. But I think we have the right
to review.
Mr. Blaisdell: You are correct, Commissioner, at the, I think two or three
Commission meetings ago, you asked for it to be brought back to you.
Mr. Plummer: Yes, sir.
Mayor Suarez: John, is it envisioned that there would be more than one
tenancy agreement in excess of twenty-nine days?
Mr. Odio: No ------ have a hockey team.
Mayor Suarez: If we get another franchise.
Mr. Blaisdell: Major franchise, yes.
Mayor Suarez: At this point, are there any negotiations towards one such
agreement?
Mr. Blaisdell: No.
Mayor Suarez: Thank you.
5 July 23, 1987
Mr. Dawkins: Mr. Blaisdell and Attorney McCrory. Now, this has been
continued and continued and continued, OK. My concerns are the same, and I
may as well let both of you gentlemen know what my concerns are, OK? I'm not
going to give the Heats the kitchen sink, the faucet, and the floor. I want
to go on record now telling the public and everybody that hear me, that I'm
not going to let the Heats give me one handful and take back two handfuls.
Now, you sir, what is that second agreement - what is the status of that?
Mr. Blaisdell: Commissioner, the Law Department has opined on behalf of the
Authority, that the terms of the agreement as presented in that memorandum are
binding. Based on that...
Mr. Dawkins: OK, now...
Mr. Blaisdell: Based on that, the Authority has commenced preparing a draft
of that separate agreement.
Mr. Dawkins: All right. Madam City Attorney, in the event that the second -
no, ain't in no event - now that the second agreement is legal, what kinds of
funds do we use with the second agreement? Private, public, church or what?
Mrs. Dougherty: Authority funds.
Mr. Dawkins: Ma'am?
Mrs. Dougherty: Authority funds. Public funds.
Mr. Dawkins: What are authority funds? Explain that, sir.
Mr. Blaisdell: Commissioner, I think if I understand your question
correctly...
Mr. Dawkins: Hold your mike up, I can't hear you, John.
Mr. Blaisdell: If I understand your question correctly, the funds that are
dictated to be given to the basketball franchise under that separate agreement
are public funds...
Mr. Dawkins: Public funds...
Mr. Blaisdell: ... which are cash the flow that the cash flow that the
Authority receives.
Mr. Dawkins: Public funds - do you agree or disagree, Madam City Attorney?
Mrs. Dougherty: Yes, I agree.
Mr. Dawkins: Ma'am.
Mrs. Dougherty: I agree.
Mr. Dawkins: Then, Mr. Jesse McCreary, sir. If the Heats receive public
funds we have an ordinance that says seventeen -seventeen -seventeen. You have
your people and everybody else understand that once the Heat receive public
dollars, they've got to have 17 percent women ownership, they got to have 17
percent black ownership, and they got to have 17 percent Cuban ownership.
Mr. Plummer: No.
Mrs. Kennedy: Hispanic.
Mrs. Plummer: Hispanic.
Mr. Dawkins: They also got to have 17 - beg your pardon?
Mrs. Kennedy: Hispanic.
Mr. Plummer: Hispanic.
Mr. Dawkins: I wouldn't care what you call it, I mean, I'm saying what I
mean, OK? I can call it anything I want to call it. In management, they've
got to have 17 percent Hispanic, 17 percent black, and 17 percent women. In
6 July 23, 1987
concessions, they got to have 17 percent and when it come to splitting down
the money of concessions for signs and what, I also want us to share in our
fair part of that. OK? Now, as you negotiate, bring me - I don't know about
nobody else, but I want a weekly report. I don't want no more private
agreements signed and I don't know nothing about it. But you make sure now,
now if this means, and where's the Herald - Miami Herald and News and the
Miami Times. If this means that we do not get the Heats, the Heat team, and
anybody in America wants to say that the City of Miami reneged, tell them
Miller Dawkins reneged. I am not going to allow the citizens of the City of
Miami with my one vote to let the Heats make a profit and when they don't make
a profit, we have to do the same thing for them that we do for Florida Power &
Light and Southern Bell Telephone - guarantee them a return on their money.
If they want us to give them a guaranteed return on their money, then they
must let us also share in the profits. Now, if they do not bring those things
to this chamber, I want the world to know they don't have my vote. Thank you,
sir. Thank you.
Mr. Plummer: That's why they're going to name the arena the Kitchen. If you
can't stand the heat, get out of the kitchen.
Mr. Dawkins: Amen. That's right, J.L.
Mayor Suarez: Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adortion:
MOTION NO. 87-694
A MOTION DEFERRING A PUBLIC HEARING ON THE MIAMI ARENA
PREVIOUSLY SET FOR THIS DATE TO A FUTURE MEETING, IN ORDER
TO GIVE INTERESTED PARTIES AN OPPORTUNITY TO CONTINUE
NEGOTIATIONS TOWARDS FINAL SETTLEMENT OF PRESENTLY
EXISTING PROBLEMS.
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
------------------------
6. INCREASE $25,000 FUNDING FOR EACH: COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION AND NORTHEAST MIAMI CHAMBER OF COMMERCE
--------------
Mayor Suarez: Consent Agenda is comprised of items - I'm sorry, is Dave
Alexander out there? I know he has an emergency, Coconut Grove Local
Development Corporation.
Mrs. Kennedy: What item is that?
Mayor Suarez: Not on the agenda. I hope this is an emergency and you've so
indicated, Dave, on the issue of your funding.
Mr. David Alexander: Yes, sir. Mr. Mayor, if the Commission goes into
recess, we won't be able to meet our budget requirements for the payroll
unless we get reinstitution at this time.
Mayor Suarez: We approved - what did we approve for you?
Mr. Alexander: Twenty-five thousand, sir.
Mayor Suarez: Instead of fifty, the prior amount.
i
i
3
7 July 23, 1987
Mr. Alexander: Yes, sir.
Mayor Suarez: And that was premised on your obtaining funds from the State of
Florida.
Mr. Alexander: Yes, sir, but the misunderstanding was that we had receive two
hundred thousand from the State. We've been notified it's not going to be any
more than eighty-three thousand.
Mayor Suarez: And you don't have that yet?
Mr. Alexander: No, sir, that won't be coming until late in August.
Mr. Plummer: I move that we grant the additional funds.
Mr. Dawkins: Second.
Mr. Plummer: Keeping in mind when we do that now, that we've got two others
that we're - one or two others that we're going to have to do the same because
we were given bad information.
Mayor Suarez: I think the Northeast Chamber is going to be one of them that's
going to...
Mr. Plummer: That's correct. And in fairness we've got to do it. I move it.
Matter of fact, I'll do it right now for Coconut Grove, the Northeast Chamber,
and was there a third one?
Mayor Suarez: I think that was it.
Mr. Plummer: You - no that was it because the other monies for I think it was
Wynwood was held in reserve until such time as they could get their act
together. So I'll move at this time both Coconut Grove and the Northeast
Chamber be reinstated to the fifty based on erroneous information that we
received in the first place.
Mayor Suarez: So moved and seconded. I think Commissioner Dawkins seconded
it.
Mr. Dawkins (Off mike): Yes, I seconded it.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-695
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
FISCAL YEAR 1987-88 ECONOMIC DEVELOPMENT AGREEMENTS WITH
THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION AND THE
NORTHEAST MIAMI CHAMBER OF COMMERCE, INCREASING THE
ADMINISTRATIVE FUNDING IN THE AMOUNT OF TWENTY-FIVE
THOUSAND DOLLARS ($25,000) EACH, WITH FUNDS ALLOCATED
THEREFOR FROM THE TWELFTH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT.
(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
8 July 23, 1987
COMMENTS MADE DURING ROLL CALL:
Mr. Alexander: Thank you, Mr. Mayor.
Mayor Suarez: Haven't voted yet.
FOLLOWING COMMENTS MADE AFTER ROLL CALL COMPLETED:
Mr. Alexander: Thank you very much, sir. Thank you, Mr. Commissioners.
Mayor Suarez: Remember, we're going to do something about that entire corner
over there; all four quadrants of it, and we're expecting to see some plans
and some ideas and concepts.
Mr. Frank Sands: I'd like to thank you also, and I know that you're going to
look back on this and not regret it.
Mr. Plummer: You'd better hope so!
Mr. Alexander: Mr. Mayor, the Planning Department says thirty days, we'll be
able to give you something when you come back from recess.
Mayor Suarez: It really should be a showcase for the Grove, that entrance
there at 37th and Grand.
Mr. Alexander: Thank you again, sir.
Mayor Suarez: Thank you.
------------------------------------------------------------------------------
7. CONSENT AGENDA
Mr. Plummer: Mr. Mayor, on the Consent Agenda, I ask that item 3 and 7 be
pulled.
Mayor Suarez: Items 3 and 7 are pulled from the Consent Agenda.
Mrs. Kennedy: I'd like to pull 13.
Mayor Suarez: Thirteen. With the exception of items 3, 7, and 13, items 2
through 18 constitute the Consent Agenda. Is there any one from the general
public that wishes to be heard on items 2 through 18? With the exception of
3, 7, and 13.
Mr. Odio: Mr. Mayor, Mr. Mayor, we withdrew 4 and 10.
Mayor Suarez: And other than those that have been withdrawn, which are 4 and
10. So with the exception of 3, 4, 7, 10 and 13, is there anyone that wishes
to be heard on items 2 through 18 which are the Consent Agenda? John, are
you...
Mr. Plummer: Three, 7, 10.
Mr. Odio: I withdrew - we withdrew 10 - 4 also.
Mayor Suarez: It's just being pulled for the moment. It'll be considered
individually.
Mr. Plummer: Well, wait a minute, wait a minute. Three, 4...
Mr. Odio: Seven, ten.
Mr. Plummer: But is 4 and 10 withdrawn?
Mr. Odio: Yes, sir.
Mr. Plummer: OK. With that exception, Mr. Mayor, I move the Consent Agenda.
9 July 23, 1987
r r
Mrs. Kennedy: Second.
Mayor Suarez: yes, ma'am. Moved and seconded. Do you want say anything
about those items? Come up to the mike.
Ms. Denise Cruz: Hi, Denise Cruz, Coconut Grove, representing...
Mayor Suarez: Get a little closer to the mike.
Ms. Denise Cruz: ... representing Aida Levitan and Associates on item number
two. OK...
Mayor Suarez: Which item?
Ms. Cruz: Item - the Consent Agenda item two.
Mayor Suarez: Item two? OK, well let's pull that and we'll vote...
Ms. Cruz: Oh.
Mr. Odio (Off mike): No, why do you want to ------? Do you have a problem
with it?
Ms. Cruz: OK, no.
Mr. Odio (Off mike): Well then, sit down. Sit down, please.
Ms. Cruz: OK.
Mayor Suarez: If you're OK on the item as proposed...
Ms. Cruz: OK. Fine. OK. Oh, OK.
Mayor Suarez: ... it'll probably pass then and you won't have to make any
arguments for or against.
NOTE FOR THE RECORD: Mr. Carollo entered the meeting at 9:27 a.m.
Mr. Carollo (Off mike): OK, let's pull 8 out because...
Mayor Suarez: OK, we've got 3, 4, 7, 8, 10 and 13.
Mr. Plummer: With those exceptions, I move the Consent Agenda.
Mrs. Kennedy: Second.
Mayor Suarez: Let the record reflect that no one has stepped forward to be
considered or heard on any items in the Consent Agenda other than those that
have been pulled. Any other items, Commissioner?
Mr. Carollo (Off mike): And the one on Mark Israel. On ten. I still have
not heard from him.
Mr. Odio: We withdrew the item.
Mr. Carollo: OK.
Mayor Suarez: The administration withdrew.
Mr. Carollo: Do you have the one on Lukis then?
Mr. Odio: Sorry?
Mr. Carollo: Do you have the one on Lukis?
Mayor Suarez: The contract for...
Mr. Odio: Eleven, yes.
Mr. Carollo: OK.
Mayor Suarez: Item 11.
10 July 23, 1987
Mr. Carollo: All right. It's not his fault that Israel didn't get a hold of
me, so I'm not going to hold his up any longer. Item 12, is that withdrawn?
Mayor Suarez: No.
Mr. Carollo: Can we withdraw that so we could go over that, that has to do
with...
Mayor Suarez: Let's pull item 12.
Mr. Carollo: ... an issue of intense interest, I think, in the community -
towing.
Mr. Odio: No, this is not towing, sir. This is the concession for the club
house at the Miami Springs Golf Course, and he's been there for many years.
Mr. Carollo: You're right, you're right, you're right. Yes, that's fine,
leave - that's correct.
Mr. Plummer: Leave 12 on?
Mayor Suarez: Right.
Mr. Carollo: Mr. Raul Molina, right?
Mr. Odio: Yes, Raul Molina.
Mr. Plummer: Who has done one hell of a job out there.
Mr. Odio: Yes, he has and we're making a profit in there so...
Mr. Plummer: But I'm talking about the upgrading that he's done.
Mr. Odio: He has spent about $40,000 in improve...
Mayor Suarez: OK, with - we have had either withdrawn or pulled, items 3, 4,
7, 8, 10 and 13.
Mr. Plummer: Correct.
Mr. Carollo (Off mike): Fourteen pulled out or not?
Mayor Suarez: Has not been pulled, 14. With the exception of those items, is
anyone that wishes to be heard on items two through 18 which comprise the
Consent Agenda? Let the record reflect that no one has come forward. We have
a motion and a second?
Mrs. Kennedy: Yes, we do.
Mr. Plummer: Yes
Mayor Suarez: Call the roll on the Consent Agenda.
Thereupon, the City Commission on motion duly made by Commissioner
Plummer and seconded by Commissioner Kennedy, adopted the hereinbelow
resolutions by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
11 July 23, 1987
q, v
7.1 AUTHORIZE MANAGER TO ENTER INTO $45,000 AGREEMENT WITH AIDA LEVITAN AND
ASSOCIATES FOR CONDUCTING TOURS OF JOURNALISTS TO MIAMI AREA
RESOLUTION NO. 87-696
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT FOR PROFESSIONAL CONSULTANT
SERVICES WITH AIDA LEVITAN AND ASSOCIATES FOR THE
PURPOSE OF CONDUCTING TOURS OF NATIONAL AND
INTERNATIONAL JOURNALISTS TO THE MIAMI AREA, SAID
SERVICES TO COMMENCE UPON EXECUTION OF SAID
AGREEMENT, WITH FUNDS THEREFOR IN AN AMOUNT NOT TO
EXCEED $45,000 ALLOCATED FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7.2 ACCEPT BID: W.E. JOHNSON EQUIPMENT COMPANY FOR CUSHION TIRE LIFT TRUCK
RESOLUTION NO. 87-697
A RESOLUTION ACCEPTING THE BID OF W.E. JOHNSON
EQUIPMENT COMPANY FOR FURNISHING ONE (1) CUSHION
TIRE LIFT TRUCK TO THE DEPARTMENT OF PARKS
RECREATION AND PUBLIC FACILITIES AT A TOTAL
ESTIMATED COST OF $10,294.00; ALLOCATING FUNDS
THEREFOR FROM THE 1986-87 COCONUT GROVE EXHIBITION
CENTER OPERATING BUDGET ACCOUNT CODE 0530201-840;
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.)
7.3 ACCEPT BID: GAMMACOLOR FOR PHOTO DEVELOPMENT AND ENLARGEMENT SERVICES
FOR ONE YEAR
RESOLUTION NO. 87-698
A RESOLUTION ACCEPTING THE BID OF GAMMACOLOR FOR
FURNISHING PHOTO DEVELOPMENT AND ENLARGEMENT
SERVICES ON A CONTRACT BASIS FOR ONE (1) YEAR
RENEWABLE ANNUALLY AT A TOTAL ESTIMATED FIRST YEAR
COST OF $8,082.50; ALLOCATING FUNDS THEREFOR FROM
THE 1986-87 ($2,021.00) AND 1987-88 ($6,061.50)
CABLE FRANCHISE FEES UNRESTRICTED FUNDS ACCOUNT CODE
#540301-270; 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.)
12 July 23, 1987
11 f
7.4 EXTEND PERIOD OF CRISIS COUNSELOR FOR POLICE (MELBRON E. SELF)
RESOLUTION NO. 87-699
A RESOLUTION AMENDING RESOLUTION NO. 86-640 TO
EXTEND THE PERIOD OF THE CRISIS COUNSELOR CONTRACT
BY SIXTY (60) DAYS AND ALLOCATING AN ADDITIONAL
SEVEN THOUSAND FOUR HUNDRED AND NINETY-SEVEN DOLLARS
($7,497), SUBJECT TO THE AVAILABILITY OF FUNDS, FROM
THE LAW ENFORCEMENT TRUST FUND TO COVER THE
NECESSARY COSTS AND EXPENSES ASSOCIATED WITH SAID
EXTENSION; FURTHER AUTHORIZING THE CITY MANAGER TO
AMEND THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED, WITH MELBRON E. SELF FOR CONSULTANT
SERVICES TO THE POLICE DEPARTMENT AS A CRISIS
COUNSELOR, UNDER THE SAME TERMS AND CONDITIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7.5 AUTHORIZE EXECUTION OF AGREEMENT WITH SYLVESTER LUKIS, LOBBYIST FOR
FEDERAL LEGISLATION
RESOLUTION NO. 87-700
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SYLVESTER A. LUKIS, FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL
LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI;
ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $45,000
FOR SUCH SERVICES, AND AN AMOUNT NOT TO EXCEED
$3,000 FOR REIMBURSABLE EXPENSES FROM THE
LEGISLATIVE LIAISON GENERAL FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7.6 EXTEND LEASE WITH ANTONIO MOLINA
RESOLUTION NO. 87-701
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND
THE TERM OF THE LEASE AGREEMENT DATED SEPTEMBER 29,
1977, BETWEEN THE CITY OF MIAMI AND ANTONIO MOLINA,
FOR THE FINAL FIVE-YEAR PERIOD ALLOWED BY THE SAID
AGREEMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7.7 ACCEPT GRANT FROM U.S. HEALTH DEPARTMENT THROUGH DADE COUNTY TO PROVIDE
CHILD DAY CARE TO LOW-INCOME FAMILIES
RESOLUTION NO. 87-702
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ACCEPTANCE OF A $35,417.15 GRANT FROM
THE U.S. DEPARTMENT OF HEALTH SERVICES (TITLE XX)
THROUGH METROPOLITAN DADE COUNTY TO PROVIDE CHILD
DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME
FAMILIES; 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.)
13 July 23, 1987
7.8 AUTHORIZE PAYMENT OF CERTAIN CONVENTION CENTER AND PARKING GARAGE
REVENUE BONDS COUPONS TO REPLACE LOST COUPONS
RESOLUTION NO. 87-703
A RESOLUTION AUTHORIZING THE PAYMENT OF CERTAIN CITY
OF MIAMI, FLORIDA CONVENTION CENTER AND PARKING
GARAGE REVENUE BOND COUPONS, IN THE AMOUNT OF TWO
HUNDRED EIGHTEEN DOLLARS AND SEVENTY-FIVE CENTS
($218.75) TO REPLACE LOST COUPONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7.9 ACCEPT PLAT: CHRISTINA NORA
RESOLUTION NO. 87-704
A RESOLUTION ACCEPTING THE PLAT ENTITLED CHRISTINA
NORA, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7.10 ACCEPT PLAT: RICHARD KANN
RESOLUTION NO. 87-705
A RESOLUTION ACCEPTING THE PLAT ENTITLED RICHARD
KANN, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7.11 CLOSE STREETS FOR LABOR DAY 5K RACE
RESOLUTION NO. 87-706
A RESOLUTION CONCERNING THE LABOR DAY 5K RACE TO BE
PRESENTED BY THE MIAMI RUNNERS CLUB, INC. ON
SATURDAY AUGUST 29, 1987; PROVIDING FOR THE CLOSURE
OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; CONDITIONED UPON THE ORGANIZERS
PAYING FOR THE NECESSARY COSTS OF CITY SERVICES
ASSOCIATED WITH SAID EVENT AND THE REQUIREMENT THAT
THE CITY WILL BE INSURED AGAINST ANY POTENTIAL
LIABILITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
14 July 23, 1987
I
8. ALLOCATE $50,000 TO MIAMI-DADE CHAMBER OF COMMERCE FOR IMPLEMENTATION OF
MARKETING CAMPAIGN
------------------------------------------------------------------------------
Mayor Suarez: Item 3.
Mr. Plummer: Mr. Mayor, I pulled item 3...
Mr. Dawkins: I'd like to say now, before you go any further, Mr. Manager, we
have a very long agenda, and I suggest that you order food for us for six
o'clock, sir, please.
Mr. Odio: Yes, sir.
Mr. Dawkins: Thank you, sir. I don't know what - where is Gene Marks? He's
got some all Kosher beef hot dogs.
Mayor Suarez: Item 3.
Mr. Plummer: I - the Miami -Dade Chamber of Commerce to do a marketing study
for the Overtown, was that put out to bid?
Mr. Frank Castaneda: They're going to do it themselves through F.I.U. and
through the University of Miami. I also had a meeting with Greater Miami
United to sit down with them and work out something highly professional.
Mr. Plummer: What about bidding procedures? Is my only question.
Mayor Suarez: The fact that Miami -Dade Chamber of Commerce is doing it does
not require us to go through competitive bidding in any sort?
Mr. Castaneda: What I'm saying is that they will not bid it out. That they
will do it in-house with...
Mayor Suarez: No, the fact that they are the recipients of the funds. We
don't have to do that in a competitor...
Mr. Castaneda: No, they are a non-profit entity.
Mayor Suarez: They're a City CBO.
Mr. Castaneda: Um hum.
Mr. Plummer: No, no, I don't accept the fact that because they're non-profit
that it doesn't have to be bid.
Mayor Suarez: Yes, that's not a...
Mr. Castaneda: No.
Mr. Plummer: City Attorney, let me ask. Item three is for $50,000 contract.
Does it require bidding or not? And if so, did we bid?
Mr. Castaneda: No. You didn't bid.
Mr. Plummer: You're not the City Attorney.
Mr. Castaneda: You didn't bid, I'm just saying, Commissioner.
Mrs. Dougherty: If it's a management agreement, a professional service
agreement for fifty thousand or less, it does not have to be bid.
Mr. Plummer: So it's fifty thousand or less.
Mrs. Dougherty: Yes.
Mr. Plummer: Mr. Mayor, I move item three.
Mayor Suarez: So moved. Item three has been moved.
15 July 23, 1987
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll on item three.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-707•
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
$50,000 TO THE MIAMI-DADE CHAMBER OF COMMERCE FOR THE
PURPOSE OF FUNDING IMPLEMENTATION OF A MARKETING CAMPAIGN
AS PER PROPOSAL SUBMITTED TO CITY BY MIAMI-DADE CHAMBER OF
COMMERCE, WITH SAID ALLOCATION COMING FROM $500,000
SURPLUS WHICH OFF-STREET PARKING IS TO GIVE TO THE CITY;
FURTHER AUTHORIZING THE CITY MANAGER UPON ACCEPTANCE OF
SAID ALLOCATION FROM OFF-STREET PARKING, TO NEGOTIATE AND
EXECUTE THE NECESSARY IMPLEMENTING CONTRACTS AND
AGREEMENTS TO IMPLEMENT THE MARKETING CAMPAIGN, SUBJECT TO
THE PROPOSAL SUBMITTED TO THE CITY AND APPLICABLE CITY
CODE PROVISIONS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Mayor Suarez: Item four.
Mr. Plummer: That's withdrawn.
Mayor Suarez: Withdrawn.
9. DISCUSSION AND TEMPORARY DEFERRAL OF BID ACCEPTANCE OF TEL-CAR
CORPORATION FOR DIGITAL PAGERS (See label #54)
Mayor Suarez: Item seven.
Mr. Plummer: Mr. Manager, I'm asking on item seven. I have no problem with
the Police Department having separate beepers for security purposes, but I do
have a problem with $18,000 worth of beepers which in my estimation is 156
beepers.
Mr. Odio: No, in fact it's more than that. I asked the same question and the
problem is, this is used - 72, there are 72 digital pagers, 72. They cost...
Mr. Dawkins: No, no, we just...
Mr. Plummer: Manager, you got a bad bid. In my private business, I pay
$19.02 a month for beepers.
Mr. Odio: This one is $260 a year.
Mr. Plummer: I don't give a damn what this one ist You got a bad deal.
Mr. Odio: Yes, air.
16 July 23, 1987
It I
Mr. Plummer: Hey, I question why - how many beepers are we using?
Mr. Odio: This is 72.
Mayor Suarez: .lust for the record, he said, "a year"; just so we make sure
the...
Mr. Carollo: .J.L., they bought the beeper from the same guy that they bought
my air conditioner for the office. That's why it's so high.
Mr. Plummer: Well, I'll tell you something, I'm well in accord. Are you
telling me that we cannot do this in-house?
Mr. Odio: I didn't say that.
Mr. Plummer: Well, that's what you're saying here when you're going to the
outside.
Mr. Odio: Why don't we - I'll tell you, I questioned the same amount, and I
was told we needed this right away because of underground work, undercover
work, or whatever.
Mr. Plummer: Yes, but Mr. Manager, do...
Mr. Odio: I'll withdraw it, please. Withdraw it, I'll bring it back in
September.
Mr. Plummer: OK, you know, I would...
Mr. Odio: Let me look at that.
Mr. Plummer: ... obviously didn't shop around because I'm telling you what I
pay.
Mr. Odio: Well, we had 15 bidders...
Mr. Dawkins: No, but see if...
Mr. Odio: ... fifteen.
Mr. Carollo: Well...
Mayor Suarez: You said nineteen what a month?
Mr. Plummer: I pay nineteen oh two a month.
Mr. Odio: No, wait, we had, we went out with...
Mayor Suarez: It's just about two hundred and thirty, two hundred and forty a
year and these may be different kinds of...
Mr. Carollo: What does it come per beeper, do you know?
Mr. Odio: Sir?
Mr. Carollo: What does it come per beeper?
Mr. Odio: It comes out to $260 a year per beeper.
Mr. Plummer: I pay about a hundred - I pay about a hundred and twenty a year.
Mr. Odio: Yes, but the thing is... we had all - this is the lowest bid of
fifteen.
Mr. Plummer: It's ridiculous.
Mr. Dawkins: You know - you know, we got radios... what you need a beeper for
if you got a radio, Joe? I don't know about security. What do you need a
beeper for if you got a radio?
Mr. Plummers I still question why we can't do it in-house?
17 July 23, 1987
Mr. Odio: All right, so...
Mr. Plummer: You can set up a private security channel in-house.
Mr. Odio: Let me bring it back.
Mr. Dawkins: And you still got to... you know, I don't understand what we're
doing.
Mr. Plummer: Sure.
Mr. Dawkins: You got radios - you got radios in the car and if you've got a
beeper, you still got to hear what the hell the beeper say and then go to a
telephone, so what - you know, what are we doing?
Mr. Odio: Commissioner, they tell me...
Mr. Plummer: Well, I can appreciate, Miller, the need for the security, OK? -
because I'm working on that committee with the media right now. I'm just
saying that I don't think that this is a good dollar value is what I'm saying.
Mr. Carollo: Well, what I'd like to point out is that regardless of whether
we accept this now or we hold up and look at it closer in September, they
could still lease some limited beepers from month to month.
Mr. Odio: Can I do something? Let me check with Communications and I'll
bring it back this afternoon if they tell me we cannot do it in-house.
Mr. Dawkins: And...
Mr. Odio: If we can do it in-house, then...
Mr. Dawkins: Yes and why can't we get a beeper with our own frequency?
Mr. Odio: That's what I'm going to check out, Commissioner and I'll bring it
back this afternoon.
Mr. Dawkins: You know, and buy the beeper.
Mr. Odio: Check it out with Julio Fernandez.
Mayor Suarez: The item's been tabled.
------------------------------------------------------------------------------
10. ACCEPT BID: MARTIN L. KAISER, INC. FOR ONE BOMB DISPOSAL SUIT WITH
WIRELESS COMMUNICATION
------------------------------------------------------------------------------
Mayor Suarez: Item seven. Item eight.
Mr. Carollo: Item eight? What is this all about?
i
Mr. Odio: This is a bomb disposal suit with wireless communications. It's to
protect the bomb technician from the effects of a blast.
Mr. Carollo: Is this the Jorge Mas special or...
Mr. Odio: No, no, no. Actually the bidder is Martin L. Kaiser, Inc., a non -
minority.
Mr. Carollo: OK.
Mr. Odio: But, we do need - this is for the safety of our individual that is
handling bombs.
Mr. Carollo: Certainly, and especially when dogs are not all that reliable
anymore sniffing.
Mr. Odio: No, they...
18 July 23, 1987
Mr. Carollo: I trove it.
Mayor Suarez: Item eight's been moved.
Mrs. Kennedy: Bomb disposal, second. Second.
Mr. Carollo: It's a Jorge Mas special, item eight.
Mr. Dawkins: I second Jorge Mas.
Mr. Carollo: Yes.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-708
A RESOLUTION ACCEPTING THE BID OF MARTIN L. KAISER,
INC. FOR FURNISHING ONE (1) BOMB DISPOSAL SUIT WITH
WIRELESS COMMUNICATION TO THE DEPARTMENT OF POLICE AT
A TOTAL ESTIMATED COST OF $10,630.00; ALLOCATING FUNDS
THEREFOR FROM THE 1986-87 POLICE OPERATING BUDGET
ACCOUNT CODE #290201-075; 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
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.
11. ALLOCATE $16,103 TO BELAFONTE TACOLCY CENTER, INC. TO OPERATE ITS SPORTS
DEVELOPMENT PROGRAM
Mayor Suarez: Item 13. Commissioner Kennedy.
Mrs. Kennedy: Yes, I pulled it out, Mr. Manager. This program, as you know,
runs out on October the first. Has this already been put in the Parks
Department, the new budget?
Mr. Odio: No, we need to allocate these monies. We do not have monies in the
Parks Department budget for 188 on this park project.
Mr. Plummer: But we, the Commission, told you by policy which we set here,
that, in fact, that was going to be in the Parks Department budget.
Mrs. Kennedy: And I realized the other day that it wasn't.
Mr. Carollo: I move item 13.
Mr. Plummer: Well, that's correct, Joe. What she's trying to do is to make
sure that next year it's incorporated and we've already established that
policy.
19 July 23, 1987
I
Mrs. Kennedy: Yes, I just want to estab... right. OK, to...
Mr. Odio: We will include it in the Parks Department budget. Yes, sir.
Mr. Plummer: Exactly.
Mrs. Kennedy: All right, with that proviso, I move it.
Mayor Suarez: So moved with the proviso. Seconded?
Mr. Plummer: Yes, sir. Yes, sir.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-709
A RESOLUTION ALLOCATING $16,103 OF SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND, TO BELAFONTE TACOLCY
CENTER, INC. TO OPERATE ITS SPORTS DEVELOPMENT PROGRAM
THROUGH SEPTEMBER 30, 1987; FURTHER AUTHORIZING THE
CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH SAID
AGENCY FOR SAID PROJECT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
12. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS IN THE ENTERPRISE FUND, GOLF
COURSES FOR IMPROVING THE CART PATHS AT MEL REESE AND MIAMI SPRINGS GOLF
COURSES AND ELIMINATING DRAINAGE PROBLEM AT MIAMI SPRINGS
Mayor Suarez: Item 19, emergency ordinance.
Mr. Plummer: That concludes the Consent Agenda, right?
Mayor Suarez: That concludes the Consent Agenda. Item 19, ir;:reasing the
appropriations of the enterprise fund, the golf courses enterprise fund.
Mr. Carollo: Moved.
a
Mr. Dawkins: Second and under discussion. Mr. Manager...
Mayor Suarez: Moved and seconded.
Mr. Odio: Yes, sir.
Mr. Dawkins: Let me know what the amount of Mel Reese Golf Course surplus
earnings are at this moment. I mean, before the budget hearing.
Mr. Odio: Our projection is, right now, $100,000.
Mr. Dawkins: So you have a $100,000 in that fund?
20 July 23, 1987
Mr. Odio: That we will - not now, but we will have at the end of one year a
$100,000 - right now, we have $76,000.
Mr. Dawkins: How much?
Mr. Odio: Seventy-six thousand, sir.
Mr. Dawkins: That's what I'd like to know, OK, no problem.
Mr. Plummer: Well, but that's not surplus if you use a great deal of it here
for the...
Mr. Odio: No.
Mr. Plummer: ... for the address the problems.
Mr. Odio: No, no, wait...
Mr. Al Howard: There will still be a surplus left of sixty thousand.
Mr. Odio: We'll still have a surplus.
Mr. Dawkins: After - beg pardon?
Mr. Howard: There will still be a surplus left after we utilize the sixty
thousand. At the present time...
Mr. Dawkins: See, see, OK, now let me say this, where these kindergartners
can understand it. After you have spent this amount of money, Mr. Manager,
please send me something in writing saying how much money is left in the
Melreese Golf Course surplus earning account.
Mr. Odio: Yes, sir.
Mr. Dawkins: OK? Because if you're spending sixty thousand and you've got
sixty thousand left, we got a hundred and twenty.
Mr. Odio: We have seventy-six thousand left and I'll send you a memo on that.
Mr. Plummer: I'll tell you, after all of these years, it's so nice to hear us
fighting about what we're doing with surplus for so many years it was subsidy.
Mr. Dawkins: Yes, yes, yes.
Mr. Odio: No, yes, I need to recognize what Al Howard has done with the golf
courses, they are making money for the first time.
Mr. Dawkins: Hey, Mr. Man... OK, go ahead, call the roll.
Mayor Suarez: Call the roll on item 19.
Mr. Plummer: Excuse me, it's an ordinance and I want on the record, justify
the emergency.
Mayor Suarez: Justify the emergency and then read the ordinance.
Mrs. Dougherty: This is a...
Mr. Plummer: Manager, on 19 will you justify the emergency.
Mr. Odio: This ordinance...
Mrs. Dougherty: So that the projects can begin before the end of the growing
season and so that the City can obtain fill from Dade County airport property
at cooperative pricing before materials are offered to the public bid.
Mayor Suarez: Call the roll.
21 July 23, 1987
AW I
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF
ORDINANCE NO. 10150, ADOPTED SEPTEMBER 25, 1986, AS
AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1981, BY INCREASING
THE APPROPRIATIONS IN THE ENTERPRISE FUND, GOLF
COURSES, IN THE AMOUNT OF $60,000 FOR THE PURPOSE OF
IMPROVING THE CART PATHS AT BOTH MELREESE AND MIAMI
SPRINGS GOLF COURSES AND ELIMINATING THE DRAINAGE
PROBLEM AT MIAMI SPRINGS, REVENUE IN THE LIKE AMOUNT
BEING AVAILABLE FROM 1986-1987 MEL REESE GOLD
COURSE/SURPLUS EARNINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and
Dawkins, for adoption as an emergency measure
requirement of reading same on two separate days,
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.
seconded by Commissioner
and dispensing with the
which was agreed to by the
Whereupon the Commission on motion of Commissioner Carollo and seconded
by Commissioner Dawkins, 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. 10300.
The City Attorney read the ordinance into the public record and
announced that copies were available to the cambers of the City Commission and
to the public.
13.A. NO MORE MONIES TO BE SPENT ON BAYFRONT UNTIL EQUAL PORTION IS
EARMARKED FOR DAYCARE.
B. FIRST READING ORDINANCE: INCREASE FEES FOR DAY CARE (CHARGED TO
PARENTS MAKING OVER $25,000) AND SET CAP OF $42,500 INCOME OF
PARTICIPATING PARENTS; FURTHER REQUIRING PARTICIPANTS TO BE RESIDENTS
OF THE CITY.
C. REQUEST PROPOSALS FOR PRIVATE SECTOR TO RUN DAY CARES.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: We appear to be getting into a fire hazard situation. May we
hear whatever item it is with these ,youngsters...
Mayor Suarez: Which is Day...
22 July 23, 1987
1
I 'It
Mr. Dawkins: ... to that we can get them out of here? We will not have the
Fire Department...
Mayor Suarez: Thank you, Commissioner, that's a good suggestion. Which is
Day Care Center item?
Mrs. Kennedy: Number 24.
Mayor Suarez: Item 24. This Commission recognizes the presence of firmer
Miami City Commissioner Rose Gordon.
Mrs. Kennedy: Mr. Mayor, let me just talk for a second about this item.
Mayor Suarez: Currently enrolled in our Day Care Centers.
Mrs. Kennedy: I have some objections with this new proposal. First of all,
this divides the fee into two categories, one for a single parent income, and
the other one for a two family income. There is no way that this can work,
because the first fee at $35,000 for one child cuts income at $11,000. Then
the two family income at $50,000 per child starts at $16,000 through $25,000.
Mayor Suarez: Is that a two family income, or two income family?
Mrs. Kennedy: Two income family.
Mayor Suarez: Sometimes I feel like I need a two family income, but...
Mrs. Kennedy: So you see, even if you have the two incomes paying $50.00 for
one child, and these are families that have more than one children, it is
still very expensive. Then again, about 80 percent of the people using the
service are single parents and this is where the problem comes in. With an
income of $16,000 to $20,000, you pay $45.00 per child. If you go by the May
21st proposal, you pay $35,000 per week, regardless of whether you have the
single income or two incomes. Secondly, the new proposal caps the incomes at
$35,000, and people you see earning over $35,000 then are excluded from the
service. This cuts the infusion of dollars and in fact eliminates ten people
from the higher income bracket, and I understand there is a loss to the City
of about $38,000. Besides, you know, by having children of different economic
levels, it exposes the children to different cultures, different backgrounds.
Otherwise, it is really going to create a ghetto.
Mr. Plummer: Well let me... excuse me, are you finished?
Mrs. Kennedy: Sure.
Mr. Plummer: I seem to be the one that is always the one speaking for. There
is a number of things that have to be discussed as far as I am concerned, and
I think that the thing that has to be remembered, that this is a subsidized
program. There is no if, ands, and buts about it. It is a subsidized
program! We, the Commission are charged with the responsibility of protecting
taxpayer's dollars. Now, two things that I have insisted before that I will
continue to insist upon. Number one, is that this...
i (BABIES CRYING)
Mr. Plummer: You can see that magnetism, right? Son, I don't blame you at
all.
Mayor Suarez: That happened to me the first time I met him too, don't worry
about it.
Mr. Plummer: The two things, Mr. Mayor, that my colleagues and I have
insisted upon, since this program is subsidized with City of Miami taxpayer's
dollars, that all of the children in this program should be of residents of
the City of Miami, first, foremost in priority. Other municipalities have to
share their burden of having their own day care program, as well Dade County.
The second problem that I have and will continue to have, and I don't mean to
harp, but I have to harp on the one factor that this program was never ever
designed to accommodate people making $75,000 a year. This is a subsidized
program, and as such, I think that we have an absolute responsibility to
provide on a program of subsidy, that the needy are the ones that are
addressed first and foremost. I have asked, and I will continue to ask, even
23 July 23, 1987.
1 .4
though it might be an unpopular stand, that we need to have something to
measure the cost factors against. We will never know what those cost factors
are in the private sector, until we go out and ask for an R.F.P. I am not
saying that when the R.F.P.'s come back, that I would agree, or vote with
them, but at least we would have something to measure by. I think one of the
problems that we are having is that we have not looked into the cost factor of
the operation. The cost factor of this operation has skyrocketed. I will not
comment about the need for certain colleagues that need a day care. Mr.
Mayor, my problem is, that we are paying, in my estimation, extremely high
salaries in the day care program. I don't know, and I checked on a couple, of
any program that is paying $16.00 an hour - $16.00 an hour, for employees in a
day care program. I think that that... you can get electricians, you can get
carpenters cheaper than $16.00 an hour. Now, my thing from the very beginning
and will continue to be, as even though some want to say that I am trying to
eliminate, it is not to eliminate. It is to provide under that funding for
more kids. The need is there and has been demonstrated. I don't think that at
the present time that we are getting the best bang for our dollar, especially
when we are paying $16.00 an hour for personnel. I think it is out of
question. Now, as far as I am concerned, I still want to pursue a
measurability in an R.F.P. We have to approve this program for this coming
year, but all I am saying to my colleagues is, let's see if we can't do better
and provide for more kids under the same funding. That's all I have to say.
Mrs. Kennedy: OK, if I may address... just one second, please, Al. First of
all, we have had a lot of people in the higher income bracket, however, we
have never turned down those who have needed the service. As far as the high
salaries, you know, perhaps you should look at the supervisors. Instead of
having one per site having one for every two sites, I don't think that the
salaries should be cut down, because we are really talking quality. This is
not a baby sitting service. This is teaching the children about the alphabet,
about numbers, about exposure to other children, about culture and if we did
this perhaps, you know, the drop out rate later will be lower.
Mr. Plummer: Rosario, my concern is of all of the kids that are not being
provided for. There is a tremendous need in this community, in this City, and
there are many kids who do not have the opportunity to have a day care
situation. All I am saying, and I continue to say, we approve the monies and
I have voted for them and will continue to vote for them, but I don't think
that we can deny many, many children who want day care service who are not
able to get it because of these high numbers. We need to get a better deal
for our dollars, that is all I am saying.
Mr. Dawkins: Mr. Howard, through the Manager, through you, we identified
persons who had their children in this day care center making $70,000...
Mr. Plummer: $75,0001
Mr. Dawkins: ... how many of those do we still have in this program?
Mr. Al Howard: None. We asked them... those parents are not there now.
Mr. Dawkins: All right, who did we put in those slots?
Mr. Howard: They were people who were low earning, middle income people into
the slots that were vacated. However, in the summer time, because there has
_ been a drop in attendance as there normally is, because of vacations, those
slots are not filled right now. We have vacancies at the present time.
Mr. Dawkins: How many vacancies do we have?
Mr. Carollo: Did he say Miller, that we had parents that were making $75,000
a year having their kids there?
Mr. Plummer: As long as they are City residents.
Mr. Dawkins: Yes, we did have!
Mr. Carollo: Did we have a cutoff guideline at that time, as to how much
families can make?
Mr. Howard: No, not until we just made a presentation now, because it was for
everybody. It was not just for low income. We wanted a mixture of everybody
into the day care centers.
24 July 23, 1987
1
Mr. Carollo: That is unreal, that someone who snakes that kind of money would
take advantage and would deprive some other family's little boy or girl to go
there that could not afford it, when they could afford to send their kids
somewhere else.
Mr. Dawkins: And that's all J.L. is saying.
Mr. Plummer: Exactly. I think we need to put in the two point, and I am not
sitting here trying to say what is the maximum that a salary can be made. I
think $35,000 is reasonable. I would go to another figure, but I think... I
just don't know how people that are making $50,000 a year can send their
child, fully knowing that they are in a subsidized program. It is unfair!
Mr. Dawkins: And they are denying another kid the spot, who needs a spot.
Mr. Howard: Those ten people paid a total of $32,000 into the day care
centers.
Mr. Dawkins: They could have paid $40,000, Mr. Howard, someplace else.
Mr. Plummer: They can afford to send their children to a regular day care
situation and let the subsidized go to the needy. Nov...
Mayor Suarez: Yes, we don't want to be competing with private day care
centers. People who can afford those should go to those and that's it.
Mr. Plummer: Mr. Mayor, we are not competing, because we are more per child
than the private centers.
Mayor Suarez: That is even worse competition, because the subsidized
competition...
Mr. Plummer: And that is based on the fact that we have never looked into
what the operating expenses are. We have always talked about the fees and
never about the cost.
Mr. Howard: We have followed the Commission's recommendation and we have
forwarded to the department of Lease Management the request to put out an
R.F.P. to determine what the cost would be by a private enterprise.
Mr. Plummer: You have something to measure by.
Mr. Dawkins: OK, that's fine, but I still say that give me a sliding scale,
where, if a mother is earning $35,000 and has three kids, give me something
that shows that this mother's cost is no more than the mother who only earns
$18,000 and has got one child, OK?
Mr. Plummer: Mr. Howard, is my statement correct that we have people that are
making $16.00 an hour?
Mr. Howard: Yes, but this is a qualified individual who has been twelve years
with the day care center.
Mr. Plummer: That's fine.
Mr. Dawkins: Hold it, J. L., hold it.
Mr. Howard: She has a masters degree, actually, really it is like a principal
in a school. It is the same category, and really, we have quality day care
with personnel that control...
Mr. Plummer: Mr. Howard, I asked a simple question for which I wanted a
simple answer, but you want to expound, I will let you editorialize after I am
finished with my questions. Please don't compare the running of a day care
with 158 kids with a principal of a school with 800 to 1,000. The
responsibility happens to be a lot different in anybody's book.
Mr. Dawkins: Mr. Howard, I will provide you with the names of at least 20
retired teachers at home with nothing to do who would be glad to come out once
a week and assist you with curriculum, with administration, with field trips,
with whatever it is and one of them, I will nominate her now, who taught 35
years and is home doing nothing, Nancy Sidney Dawkins, OK?
25 July 23, 1987
Mr. Plummer: She listens to you, but she doesn't hear you.
Mrs. Kennedy: Commissioner Plummer, on the R.F.P. ...
Mr. Plummer: Yes.
Mrs. Kennedy: ... first of all, you are not going to be guaranteed that a
private operator is going to do it cheaper and secondly, you know they are
always going to be watching out for a profit. You will have a revolving door
where you have different people coming in and out which will lead to
instability on the children. Now, I'd like to ask Carmen Evans...
Mr. Plummer: Can I answer that point?
Mrs. Kennedy: Sure.
Mr. Plummer: I am not necessarily understanding that this would go out to a
profit making group. We have Catholic day care programs. We have Centro
Meter type of programs that we are not paying, and I guarantee you that Centro
Mater is not paying $16.00 an hour.
Mr. Dawkins: Mrs. Rolle, would you come to the mike, please? How many years
did you teach?
Mrs. Rolle: Forty-one.
Mr. Dawkins: Forty-one?
Mrs. Rolle: Yes.
Mr. Dawkins: And are you retired now?
Mrs. Rolle: Yes.
Mr. Dawkins: Do you have time on your hands?
Mrs. Rolle: I think so.
Mr. Dawkins: Do you think that you and Nancy and Elroy Sands and others would
be happy to lend some time to such a program?
Mrs. Rolle: We anticipate doing some volunteer work. We haven't decided just
what yet, all of us.
Mr. Dawkins: Yes, but...
Mr. Plummer: Miller just decided for you.
Mrs. Rolle: (LAUGHTER)
Mr. Dawkins: OK, thanks, Frankie.
Mrs. Kennedy: All right, I'd like to put Carman Evens on the record and
Carmen, please tell us about the children that have been replaced.
Ms. Carmen Evans: All right, with the family that was earning $77,000 a year,
they were replaced with a family with a combined income of about $31,000 a
year. The other family, I think they earned $65,000 a year and they were
replaced with somebody at about $29,000, a combined income of $29,000 a year.
Mayor Suarez: What are you taking to be a limitation now? What is the
highest that you are allowed to participate in the program?
Mr. Plummer: There is no limitation now.
Mayor Suarez: There is no limitation?
Mr. Plummer: No.
Ms. Evans: The program was never designed to have a limitation. It was
designed to serve everybody in the community.
26 July 23, 1987
Mayor Suarez: But, you applied some sort of a limitation, it sounds like, to
me.
Ms. Evans: We have proposed, following Commissioner Plummer's directions, to
limit the income to $35,000 a year for a two income family, and $20,000 a year
for a single income.
Mrs. Kennedy: And that is wrong!
Mr. Plummer: I think the $20,000 is low. I think it should be higher.
Ms. Evans: For a single person?
Mr. Plummer: Yes. I am giving you my opinion. I think $25,000 and $35,000 is
reasonable.
Ms. Evans: I think that we shouldn't have any limitations. I think that we
should continue to serve everybody in this community who wants to avail
themselves of this.
Mr. Plummer: My dear, you know...
Ms. Evans: But, we should also... that if you look at our proposal, we have
increased the fee to $70.00 to $75.00 a week, which more than covers the cost,
and if a person earns over a certain income...
Mr. Plummer: It doesn't cover your cost.
Ms. Evans:... and if they are going to pay the cost...
Mr. Plummer: How much are you making an hour?
Ms. Evans: $19.00.
Mr. Plummer: $19.00 an hour.
Ms. Evans: The total cost, everything, $615,502 per year. If a person has an
income over $40,000, and if they pay us $70.00 a week, they are paying us more
than it costs to operate this program. The additional revenue that we earn
can be used to subsidize somebody in the $35.00 category.
Mr. Dawkins: Then what do then is increase the program.
Mr. Plummer: You know, you are staying up here, it doesn't make sense.
Mr. Dawkins: Then we got more money, then we should be servicing more
children.
Ms. Evans: Nobody makes money on day care.
Mr. Plummer: Exactly what I have been trying to say. If we had our good bang
for our dollar, instead of 158 kids, we could be providing for 2001
Ms. Evans: OK, I'd like to say something about that too, Commissioner.
Mrs. Kennedy: And where are you going to put the other kids? Are you going
to build more day care centers?
Mr. Plummer: No, you don't need other day, care centers. We got facilities we
are giving away every day. You have got a Police Department over there that
is sitting actually idle and given out to other programs, would make an
excellent facility for day care programs.
Mrs. Kennedy: The unused, the unused...
Mr. Dawkins: And everybody is ahead of us. All of the companies are
providing day care centers within their facilities now. What is wrong with us
taking a room somewhere in the City jail, or anywhere, where parents are
coming to work, and bring their children?
Ms. Evans: It's not that simple.
27 July 23, 1987
I J
Mrs. Kennedy: 1 think that if you find a place that you can provide day care
centers, I am all for it; however, the unused buildings that the City has are
precisely that, unused, and let me tell you, I went yesterday for the second
time to visit the day care centers and they are in deplorable condition. One
sink for 45 children because the other two sinks are out of order and have
been for days.
Mr. Plummer: That doesn't surprise me when you are paying that kind of
salaries, it doesn't surprise me at alll All the money is going for salaries
and not upkeep and maintenance. That's understandable.
Mrs. Kennedy: Well, let's look at the sites' supervisors.
Mr. Plummer: Exactly what I am saying.
Mrs. Kennedy: Carmen, can you live with one supervisor per two sites, instead
of one per site?
Ms. Evans: Yes, we could.
Mrs. Kennedy: Then, let's look at that, but by heaven's sake, don't cut
salaries. We need quality people.
Mr. Dawkins: Rosario, I am with you 100 percent...
Mrs. Kennedy: OK, then I move...
Mr. Dawkins: ... but I am not going to be with reducing services, all right?
Mrs. Kennedy: Of course not.
Mr. Dawkins: If it takes two supervisors, no, I don't want one, all right?
But, I want to get two supervisors for a reasonable sum, I don't want to pay
two supervisors too much money.
Mrs. Kennedy: OK, let...
Mr. Dawkins: But we cannot subject ourselves to having 50 children at time
and we got one supervisor. It won't work.
Mrs. Kennedy: All right, now that I know that you are with me 100 percent,
let me proceed to say that day care is one of the most important services that
this City offers. This department is not supposed to be making money. This
is a service that we provide and the reasonable rates we charge make the
difference between the mother being able to go out and work while her children
are properly cared for and being on public assistance.
Mr. Plummer: Agreed.
Mrs. Kennedy: I therefore move the proposal submitted to us on May 21st.
That's my motion.
Mr. Dawkins: Yes, I agree, and I am as much for affordable child care as I am
for affordable housing, and affordable child care to me means a mother who can
pay for child care and still go to Publix and get the milk and the peanut
butter and stuff that is needed. Now, if you got to take all the money that
you are working for to pay for day care services and you can't go to Publix,
we have not helped them at all.
Mr. Plummer: Exactly.
Mayor Suarez: The motion is to approve the existing schedule, not the
proposed schedule?
Mrs. Kennedy: Right, not the proposed.
Mr. Plummer: That's not what is before us.
Mayor Suarez: That's what she moved.
Mrs. Kennedy: That's my motion.
i
28 July 23, 1987
{
i
Mr. Plummer: You are then altering this thing?
Mrs. Kennedy: I am altering this thing and moving that there is no cap at
$35,000 and the exact proposal that was submitted to us on May 21st.
Mr. Plummer: OK, we have a disagreement, and I am going to continue to
disagree. I still say that this is a subsidized program. The taxpayers of
this community never ever intended for this Commission to subsidize programs
for people who could afford them.
Mayor Suarez: Let me see that proposal over here. I will second that motion
for discussion and ask Commissioner Kennedy. Now, in the terms of the scale
of payments to be made by the parents, I agree with your philosophical stance
here, if you want to call it that, which is we should not increase it in
general, because I just don't think the people can pay it. In terms of the
people that participate in the program, I agree with Commissioners Dawkins and
Vice Mayor Plummer and Commissioner Carollo that we should be going after the
full range of incomes. I don't see why we should be doing that, so would you
approve some sort of a limitation which apparently is being put into affect
already in a sort of unwritten way, that would prevent someone making incomes
beyond a certain point, from participating in the program and can we do that
legally? Where is our City Attorney?
Mrs. Kennedy: I just got a phone call that Commissioner Gordon and Natasha
Millan and Anne Wilson want to speak.
Mayor Suarez: OK, let me jut get that legal question answered here now.
Could we all of a sudden, Lucia, impose the requirement that you had
mentioned, Mr. Vice Mayor, for single income families, a certain amount and
for double income families, another amount? Can we make that restriction?
Mrs. Dougherty: Yes.
Mayor Suarez: Can we come to an agreement on what is a reasonable figure?
Mr. Dawkins: We can't Mr. Mayor, until someone does a survey to determine
what actual costs are. An individual earning $40.00 a week, what is her
rental fee? What is her transportation for her job? What is transportation to
get the kids to the day care center? What are the food costs?
Mayor Suarez: What can they be expected to pay.
Mr. Dawkins: What do you have to have for insurance? Then when you look at
what the $40.00 has to do, then we can determine what a reasonable fee is.
But, for us to sit here, and that why I said, a person with one child,
whatever the cost is, it is double. So, for us to sit here, in my opinion,
and this is just my opinion, and attempt to tell them to charge them "X"
dollars and you don't know what their income is, and what the outlay is, I
mean, I don't see what we are doing.
Mayor Suarez: The other problem too is, we have not yet, at least I have not
seen it, gotten back a comparative analysis that shows what we are spending
per child compared to the private sector and why we are spending apparently
more, actually, it sounds like...
Mr. Plummer: Mr. Mayor, there was...
Mayor Suarez: ... and we have heard something about the salaries, but I can't
imagine that we can decide that today.
Mr. Plummer: No, there was a comparative that was drawn.
Mrs. Kennedy: We have that.
Mr. Plummer: You can draw your own conclusions whether or not it was done in
real independent way of doing things. Mr. Mayor, that is why I have asked
that an R.F.P. be developed to go out and then we can get people who will come
back and tell us. We definitely do not want to lower the level of services.
What I am trying to do is... what I am trying to accomplish is, that these
monies be for City of Miami residents and we provide as many slots as we can
for the amount of money that we are spending. Now, I think that I am, as I
said...
29 July 23, 1987
1 0
Mayor Suarez: Well, we have taken care of the first part of that, there
should be no one accepted into the program that was not a City of Miami
resident. We never solved what would happen if the person would leave the
City.
Mr. Carollo: Absolutely not.
Mrs. Kennedy: That's correct.
Mr. Plummer: Well, you had ten in the program up until the time this matter
of discussion came about.
Mayor Suarez: Well, but I remember that some of them were initially City of
Miami residents. You say Al, that that has been taken care of?
Mrs. Kennedy: But again I tell you...
Mayor Suarez: OK, building in that provision, I have no problem with that.
Mrs. Kennedy: Again I tell you that an R.F.P. will have people at a cheaper
rate, and that is going to lower the service. It is going to have a revolving
door personnel, you are going to have people coming in and out and that is not
what we want for our children. I'd like to hear now from Commissioner Gordon.
Mr. Plummer: Let me just say that the way the R.F.P. is written, is to
determination as to whether or not there would be a drop in the level of
services. I will tell you that I would not approve an R.F.P. that dropped the
level of services. I would not be in favor of that.
Mayor Suarez: Rose.
Mrs. Kennedy: I'd like to hear Rose. First I would like to hear the City
Manager's recommendation, sitting on the chair.
(BABY SOUNDS ON MANAGER'S MICROPHONE)
Mr. Plummer: That is more of an intelligent statement out of that chair than
I have heard in a long timet
Mr. Odio: Mr. Plummer, I knew you would say that!
Mrs. Rose Gordon: I am ex -Commissioner, past Commissioner Rose Gordon. I
was instrumental in the formation of the program and I think one of the key
elements that we took into account when we worked with a great number of
professionals in developing a program for the City, way back when, was to be
able to bring together into one program children of all socioeconomic levels.
There is great benefit in maintaining a mix of children of all backgrounds,
financial and otherwise. Now, the way to overcome what Commissioner Plummer's
greatest concern is, the subsidizing of higher economic families is in your
income charges, your fees that you are charging for the higher income
families, but not to eliminate them and say because...
Mayor Suarez: But you agree there must be a limitation though?
Mrs. Gordon: No.
Mayor Suarez: Don't you think?
Mrs. Gordon: I don't.
Mayor Suarez: We would like the public school system, we would take anyone
regardless of whether they are millionaires, or whatever?
Mrs. Gordon: Anyone, as long as the millionaires pay a fee commensurate with
the millionaires' background and scale.
Mayor Suarez: Even through day care was not provided up until a few years ago
on any kind of a subsidized way to most of the citizens and this is an effort
to try to reach as many of those that need to obtain this to be able to go to
work, Rose.
30 July 23, 1987
Mrs. Gordon: All right, you are saying in effect, that let's take only the
low and middle income children because we have a limited number of slots.
Well, that is easy to overcome, let's have more places. That's the approach
that needs to be taken. There are so many children in this community that
need quality day care, that I believe that we have an obligation to search for
funds, particularly the kind of funds that might be available now, from the
State, because you are going to... you have a program now where a great amount
of money is going to come to the State for education from the lottery. I
don't see how they can say that day care for this age child is not educational
when it is. It prepares them for their entire school life later on. I urge
you...
Mr. Carollo: Rose, you are right in what you are saying, but you are
forgetting one thing too. With the new five percent tax that illustrious
Governor has placed, they should get a heck of a lot of money for that, that
they can use for day care.
Mrs. Gordon: Do that. In my opinion... I don't know whether you still have a
citizen's task force or not, but the citizen's task force, and Ann Wilson, who
is here today can speak very eloquently to the need for it, and I am sure she
will. You need to have a citizen's task force to come up with proposals and
methods and ways to enlarge the day care program, to keep it as little
subsidized as possible, to bring in as many children to be together, to play
together and learn together, to understand each other, as is possible. Also,
with your remarks, J.L., about the R,F.P. Perhaps you can use an approach of
that snit in areas where we don't have day care centers now, but maybe we have
land available and maybe some enterprising nonprofit organization would like
to put a facility up and accommodate some more children in the City of Miami.
That is a possibility.
Mayor Suarez: Well, we have induced that. Commissioner Kennedy has fought to
induce in every major development that required even the smallest concession,
the requirement of a day care center within a facility and without any public
funds whatsoever and if they people that we are serving there are people that
can afford to pay, they will certainly be able to... this private sector to
run it.
Mrs. Gordon: But, that could leave the low income children out. It should be
a requirement that children of low income should be...
Mayor Suarez: But, we are trying to take care of the low income children with
a subsidized program.
Mrs. Gordon: No, don't segregate them, don't keep them all by themselves.
That is the pointl
Mr. Plummer: Rose, Rose, how do you... look) Rose, I was here and voted for
you when you made this proposal, all right? The times have changed. The
monies have grown larger. The problem, as I see it, how do you say no to a
woman who has a child in the $20, 000 income, when she is looking at someone
with a $77,000 income in that program?
Mrs. Gordon: But, they should be paying enough money.
Mr. Plummer: Rose, you can't do that with subsidy. Now, if the program was a
nonprofit, not for profit program, you could do that, but this is taking
taxpayer's subsidy!
Mr. Odio: (OFF MIKE) No, sir, we don't subsidize that.
Mrs. Gordon: J.L., you don't...
Mr. Plummer: And you are subsidizing the program.
Mr. Carollo: What she is saying, J.L., is you got to have...
Mrs. Gordon: You shouldn't be subsidizing higher income children. Their
parents should pay enough money to carry them in the program without any
subsidy. Let the subsidies be used for the lower income children. Thank you
very much, I think I said it all.
31 July 23, 1987
1
Mr. Plummer: OK, I am going to refer all calls of people to my office who
want to get their kids in day care program, that are making under $20,000 a
year, who have been denied the right to do it.
Mrs. Gordon: Why, because there are no slots?
Mr. Plummer: That's itl
Mrs. Gordon: Then we need some more day care centers.
Mr. Plummer: Rose, you know as well as I know, that if we had the money for
20 more, it would not be sufficient of the need.
Mrs. Gordon: Fine, but we would go further if we took one step and then
another, J.L.
Mrs. Kennedy: We do need more day care centers; however we need to maintain
the existing day care center. We are going to be getting $8,000,000 for inner
city parks, and this falls under that category.
Mr. Dawkins: Well, then, let's take some of them $30,000,000 you put in that
damn Bayfront Park and do day care with it.
Mrs. Kennedy: It is not a damn Bayfront Park, it is a...
Mr. Dawkins: Well, that $30,000,000 you put down here in Bayfront Park,
$30,000,000...
Mr. Carollo: I second the motin.
Mr. Plummer: How many day care centers...
Mr. Dawkins: ... and you are worrying about day care. Take some of that!
Mr. Carollo: I second the motion.
Mrs. Kennedy: What is the matter with taking some of the money to fix the
day care centers? Why do you get so upset?
Mr. Dawkins: OK, I will make a motion now...
Mr. Carollo: Leave it rest.
Mr. Dawkins: ... Mr. Manager, where is the Manager?
Mrs. Gordon: Can I just say something, please?
Mr. Dawkins: Mr. Manager...
Mayor Suarez: Wait, wait.
Mr. Dawkins: ... I make a motion that...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: ... we not spend another penny to do anything else in Bayfront
Park until we take some of the $30,000,000 and some of the $8,000,000 that we
are going to vote on in a few minutes, and the $20,000,000 bond issue and
provide some day care centers. I make that motion.
Mr. Carollo: I second.
(APPLAUSE)
Mayor Suarez: Please, please.
Mrs. Kennedy: For your information, and for the information for the people
who are clapping, obviously you don't know on which side I am if you clap.
Mr. Plummer: You are right in the middle, baby.
Mayor Suarez: Wait, wait a minute.
32 July 23, 1987
1 0
Mrs. Kennedy: Excuse me one second, please let me finish. The City is not
putting one more dollar on Sayfront Park.
Mr. Carollo: You are out of order.
Mrs. Kennedy: The State is giving us...
Mr. Carollo: You are out of order! You are out of order.
Mrs. Kennedy: You are not the Mayor.
Mr. Carollo: You are out of order. There has been a motion. It hasn't been
seconded yet.
Mrs. Kennedy: The State...
Mayor Suarez: The motion has not been seconded.
Mr. Carollo: It hasn't been seconded.
Mrs. Kennedy: ... is not given any money, I would...
Mayor Suarez: Let's see... let's see if the motion gets a second.
Mr. Carollo: Mr. Chairman, the motion has not officially been seconded. If I
could second the motion...
Mayor Suarez: Commissioner Carollo.
Mr. Carollo: ... then we could have discussion on it. I second the motion.
Mayor Suarez: The motion is seconded. Commissioner Kennedy.
Mr. Dawkins: Call the roll.
Mrs. Kennedy: As I was saying, I was raising the money privately and that is
all I wanted to say.
Ms. Marisela de los Santos: My name is Marisela de los Santos.
Mr. Dawkins: Wait a minute. We have got a motion.
Ms. de los Santos: Oh, I am sorry.
Mayor Suarez: Are you going to address the motion and the second, the motion
that has been made.
Mayor Suarez: She can, if we want to hear her. The Commission want to
discuss that motion?
Mr. Plummer: Well, yes, we have got to discuss it. We have got a commitment
to Bayfront Park. We have got a commitment to every one of these kids sitting
out here and it is unfortunate that this type of situation of bringing the
kids down here where we can't reasonably discuss this item. We know the kids
are here and I think that this is the kind of pressure that doesn't accomplish
anything, but in speaking to the motion itself, the motion is that not a
dollar more be spent in Bayfront Park. I've got a problem with that. That's
in my estimation, is a good thought, and it would be a great thing to do, but
I just can't, after having made the commitments to the park, I don't think we
can backtrack on the park, and I guess I am in a unique situation that is...
Mr. Carollo: OK, clarify the motion, Commissioner.
Mr. Plummer: Excuse me?
Mr. Carollo: I think he need to clarify the motion.
Mr. Dawkins: OK, all my motion said was behind the statement that was made up
here, it said, take a part of the $8,000,000 that you are supposed to upgrade
the inner city parks with, and provide day care centers, and my motion said
no. Let's do not take a part of the $8,000,000, let's take a part of the
$30,000,000. That's my motion.
33 July 23, 1987
1 0
Mrs. Kennedy: All right, let me address that issue one second. First of all,
it was not a motion...
Mr. Dawkins: No, 1 am talking about... no...
Mrs. Kennedy: It was not my motion. I just said that and threw it on the
floor. It was not in the form of a motionl And the other part, you know that
if we touch the $8,000,000 that we got for Bayfront Park, if we touch the
State money, we lose it, so...
Mr. Dawkins: OK, you know... but, yet and still, when we went up there for
the $7,760,000 for the park, nobody gave a damn about day care) But, now we
have got all these people down here in front of us, now everybody wants to
grandstand and be for everybody and everything and everybody)
Mr. Plummer: Miller Dawkins, for clarification on speaking to the motion, is
it my understanding what you are saying is that if one dime or one dollar is
taken from the inner city parks for day care, a like dollar has to come out of
Bayfront Park?
Mr. Dawkins: That's all I am saying.
Mr. Plummer: That motion I can vote for.
Mr. Dawkins: That's all I am saying)
Mr. Carollo: I still second that motion, that is why I wanted clarification.
Mr. Plummer: I can vote for that, because neither one of them is going to
happen.
Mr. Carollo: Well, before we vote on that, can I make a substitute motion?
Mr. Dawkins: Yes, go ahead, Joe.
Mr. Carollo: So we can get things in perspective, I'd like to make a
substitute motion that we name Bayfront Park, rename it, should I say, as The
Miami Herald Bayfront Park. Commissioner, would you second that for me?
Mr. Plummer: Absolutely not. They've got...
Mr. Carollo: Motion dies for a lack of a second.
Mr. Plummer: They have - they showed in the paper where they have made a
$43,000,000 profit this year. I would hope they would take some of that
$43,000,000 profit and build some day care centers and then I will consider
naming it after them.
Mr. Carollo: Yes, and how much did the Miami Herald or allies, give to that
park after they said they were going to raise all the millions that we needed
and they were demanding to construct the park the way they wanted it
constructed? Very littlel
Mayor Suarez: What was the clarification, Mr. Vice Mayor that you made on
that motion?
Mr. Plummer: The clarification of what I understand the motion to be, and I
what I will be voting on, is an understanding that if one dollar is taken out
of the monies designated for the inner city parks, a like dollar has to come
out of the fund for the Bayfront Park.
Mr. Carollo: That's correct.
Mr. Dawkins: That's right.
Mayor Suarez: Is that the motion?
Mr. Dawkins: And anybody up here who is sincere about day care will vote to
take some of the dollars out.
34 July 23, 1987
0.
Mr. Carollo: Absolutely, not only that, to show you just how fair the motion
is that Commissioner Dawkins made, on hand you got $30,000,000 for the park,
the other side you only have $8,000,000 to pick from, for parks, so I think it
is quite a fair motion.
Mr. Plummer: Well, in voting favorably for the motion, let me understand
fully that I do not concur that this is the proper way to do it from either
funding. It is far afield from what we are discussing here today. I think
that we have to live with that which we have. We have "X" number of dollars
to spend on day care. How can we get the most amount of kids into the program
and provide for the needy of this community? I will vote for the motion
because I think it is fair, but I don't think it is the answer to the solution
of what we are discussing.
Mr. Carollo: No, it is not, it is a bandaid effect that will be good for a
year or two. Beyond that, you have to look for new ideas, new funding, and I
think frankly that what Commissioner Gordon was saying makes sense. Now, on
one hand, I agree with my colleague, Commissioner Plummer that you can't have
people that could afford paying a full price and have the City subsidize them.
But what she is saying also I think makes a lot of sense, that if you make
those people that can afford it, that might make $50,000, $60,000, $70,000,
pay the full amount of what it costs us, I don't think we should have any
problems in bringing them into the program, but they have to pay the full
cost. On the other hand, what you don't want to do either, I don't think, is
to segregate forcefully poor kids, and let them mix with all different groups,
but the other groups have to pay their way. If they can afford it, they have
to pay a much higher price than a family that might only make $10,000,
$15,000, $20,000 a year.
Mr. Dawkins: Let me say something to everybody out there. This discussion up
here has nothing to do with personalities. Commissioner Kennedy's first vote
up here was day care. Her position has not changed and she is constantly
fighting for day care, so this is nothing new for her, and it is nothing new
with us arguing with her, but that is why the five of us are up here, because
we are five different individuals and we have different ways of saying things,
so this...
Mr. Plummer: Sure.
Mrs. Kennedy: That is OK. I took my Stresstabs this morning!
Mayor Suarez: Call the roll on that motion.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-710
A MOTION INSTRUCTING THE ADMINISTRATION AND
STIPULATING THAT IF ONE DOLLAR IS TAKEN FROM MONIES
PRESENTLY ALLOCATED FOR RENOVATION OF INNER CITY PARKS
FOR DAY CARE CENTERS, AN EXACT DOLLAR AMOUNT MUST COME
OUT OF MONIES PRESENTLY ALLOCATED FOR THE BAYFRONT
PARK PROJECT.
Upon being seconded by Commissioner Carollo, 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: Now ...
Mr. Dawkins: Now, what the hell did that do?
35 July 23, 1987
Mayor Suarez: ... with the argument, really, that is pending other than the
scales that Commissioner Kennedy has proposed, to maintain the existing scales
for what people have to contribute to child care, as opposed to the proposed
increase, and I agree with that, and I suspect maybe the Commission agrees
with it also. The only issue really pending is whether we should go to an
R.F.P. in lieu of just going ahead and approving the system as it exists.
Mr. Plummer: No, no, that was never my proposal, Mr. Mayor. My proposal was
to continue the system as it exists. September is around the corner. We have
got to have the program. But, to go with an R.F.P., for something to measure
against, I am saying, go hand in hand. That in no way...
Mayor Suarez: When would the R.F.P. ... when would the programs be initiated
pursuant to the R.F.P. that you are proposing.
Mr. Plummer: Mr. Mayor, that would depend on how the R.F.P. is written.
Mayor Suarez: Well, how would you propose?
Mr. Plummer: I would propose that it be for the next year, not for this year.
Mayor Suarez: And the argument there, made by I think the majority of this
Commission is that if in fact, as Rose has said, the need is as great, and if
in fact and I don't doubt that it is the ability to pay is as great, and
people want to participate in this kind of program, maybe when we issue an
R.F.P., we will get all kinds of proposals and people will be able to pay the
capital costs and the operating costs from the subsidy that the City gives.
If that is the case, we will be reaching a lot more people. I have no problem
with that.
Mrs. Kennedy: I think that you theoretically that sounds great, but in
reality, it is not. The R.F.P., the operator is going to watch our £or him or
herself. They are not going to open the centers where they are needed and I
don't think, they might not even be any cheaper, but if you want to explore
that, fine. I just don't think that's the way to do it.
Mr. Plummer: You will never know unless you do.
Mayor Suarez: That is an exploratory issue because we have got to have a
comparison of some sort, that shows us whether the City should be involved in
this business at all, or not. If it can be done better by contracting it out,
that may be an interesting way to go, and let me say, because I think all of
us, as the number one priority want to maintain these programs in effect. We
want them to be available and affordable to people, particularly in the lower
income scales. We understand that a measure of participation by people in all
income scales is good. Rose, we are just trying to get as much as possible to
that target group. I have received and this Commission has received many,
many mailgrams. Whoever... I presume some of the teachers, some of the
parents, some of the supervisors of the children that are here today, mounted
a very effective campaign of mailgrams and I have them here, if the Commission
wants to look at them. I believe that they substantially say the same thing
and I want to now order these into the record as support for your position
that I think is this Commission's position, that we want to maintain these
programs in effect and reach as many people as possible. Can we have a
discussion on the pay scale? I mean on the scales of payment or contribution.
I mean, does anybody have any quarrel with the motion as made to keep the
existing scale?
Mr. Plummer: Mr. Mayor, I have a problem with it because the increase, as I
recall, is only a dollar a kid a week. Is that correct, Al?
Mr. Howard: No, what we have done, we have increased the higher brackets to
$75.00 and we have maintained the lower...
Mr. Plummer: A week?
Mr. Howard: $75.00 a week, yes.
Mr. Plummer: No, how much is the increase over the old rate?
Mr. Howard: The increase over the old rate is $35.00 remains the same. What
we have done, we have lowered the income bracket over to $15,000. We have
maintained that. We have increased the others over $19,000.
36 July 23, 1987
s
•
Mr. Plummer: Well, that's exactly what the Mayor is proposing.
Mr. Howard: The May 21 proposal.
Mr. Plummer% That's the new proposal.
Mrs. Kennedy: The May 21 is the old proposal.
Mr. Howard: No, no, it is original... old proposal that you passed on first
reading.
Mrs. Kennedy: The one that I am proposing...
Mr. Plummer: What is the new proposal?
Mr. Howard: I will give you - the new proposal is that we broke down the
brackets, $20,000 and under were in one bracket and $35,000 for a family of
two.
Mr. Plummer: Right.
Mr. Howard: And they had a flat rate of $35.00. The basic is we have right
now and I...
Mr. Plummer: And that is basically a dollar a child per week more?
Mr. Howard: Basically, yes.
Mr. Plummer: $1.00?
Mr. Howard: They wouldn't...
Mr. Plummer: I might recall to my Commissioners that all of those mailgrams,
each one costs $10.00. That's $10.00 that could have gone to the program.
Mr. Dawkins: Well then, let's write a letter to each one of them and tell
them to send $10.00.
Mr. Plummer: Yes. OK, so what you are saying is, that over last year's
schedule, it is approximately $1.00 a week more per child.
Mr. Howard: Let me have Carmen answer that.
Mr. Plummer: That is what you said before.
firs. Kennedy: Carmen, why don't you come to the mike and...
Mr. Howard: The original of May 21 was a dollar increase, yes, per child at
the lower level.
Mr. Plummer: Exactly, OK.
Mrs. Kennedy: A dollar that...
Mr. Howard: On the higher level, it was much more.
Mrs. Kennedy: A dollar that can be way too much for many of these families.
Mayor Suarez: On the assumption that the people who sent the mailgrams and
assuming they cost $10.00, that you mentioned, Commissioner, can we just
simply exempt the very, very bottom end of the scale from any increase at all?
Do we have a compromise that we can reach on that?
Mr. Plummer: Sure. I said before it should not be at a $20,000 level, it
should be at $25,000. I've said that before. It is too low.
Mayor Suarez: And those would not go up at all.
Mr. Plummer: Exactly.
37 July 23, 1987
Mr. Dawkins: But, you know... J.L., I am with you 100 percent, but... we are
going to put out an R.F.P., right?
Mr. Plummer: I am going to propose it, yes, sir.
Mr. Dawkins: OK, now with the five percent increase in taxes and etc., etc.,
that $1.00 may be a hell of a burden on some people.
Mr. Plummer: Well...
Mr. Dawkins: Until we can get the R.F.P.
Mr. Plummer: I agree on the lower end, I agree with.
Mr. Carollo: The five percent does not apply to day care centers.
Mr. Dawkins: No, Joe, it doesn't but it applies to groceries, it applies to
soap and powder, washing powder; it applies to, you know, everything, so...
Mr. Plummer: Miller...
Mr. Dawkins: ... you know - yes.
Mr. Plummer% ... I agree with the statement by the Mayor that we exempt the
lower income level for no increase in fee.
Mr. Dawkins: OK, all right.
Mr. Plummer: I agree with that.
Mr. Dawkins: Well, make a motion then, so everybody can go home and we can do
something here.
Mayor Suarez: Let's take it apart. What is it, up to $25,000?
Mr. Plummer: That's fine with me. Anyone under $25,000 is exempt from any
increase in fees.
Mr. Dawkins: And anybody under $25,000 don't get no increase.
Mr. Plummer: But now, in the same text, anyone above $25,000, we are going to
compensate and get more from for those that were exempting. Understood?
Mayor Suarez: That requires changing the...
Mr. Plummer: The bottom line is the amount of dollars that you are going to
raise in the increase is still going to be there, but what we are going to do
is exempt any increase in fees below $25,000, then you come back and tell us
how much the upper is going to have to pay to offset that loss.
Mr. Dawkins: Right.
Mr. Plummer: With that in there, Mr. Mayor, and with the residency required
in the City of Miami, I would move it.
Mr. Carollo: Second.
Mayor Suarez: Moved and seconded. We have an initial motion and a substitute
motion. Do you want to withdraw your motion? Are you going to accept the new
motion, or...
Mrs. Kennedy: Well, let me see if I can incorporate something else in the
motion, to do away with the capping of $35,000 and not exclude any families
that make over that amount.
Mr. Plummer: I can't agree with that, Rosario. I can change that number,
OK?... as I said before. You want to increase it to $40,000, fine, but there
has got to be a level in which subsidy is provided to a program that we don't
address first the needy.
Mayor Suarez: See, even if you made it sound like a person over $45,000,
let's say, was contributing their fair share of what the program costs, you
38 July 23, 1987
will never convince, I think, the majority of this Commission, if that is the
case, because there are many hidden costs that go in there. There is
overhead, there is the cost of this Commission sitting here for the time that
we have been here, of our staff, our Manager, applying for Federal grants from
which we get the subsidy. I mean, there is no way we are ever going to be
convinced and if we were convinced that these people would be paying the
amounts that it would take for them to be in the program at those high scales,
we'd much sooner go to contracting it out.
Mr. Plummer: I will compromise to $40,000.
Mrs. Kennedy: OK, I will compromise to $45,000.
Mr. Plummer: I'll compromise to $40,0001
Mrs. Kennedy: $45,000, and let me tell you what I am doing, J.L. What I am
trying to avoid is for the day care centers to become ghettos. You need to
expose these kids to other income levels.
Mr. Plummer: Rosario, you will not convince me that a person making $42,000 a
year is in any way a ghetto situation.
Mr. Dawkins: Hold it, hold it, you all got me now. What is a ghetto day care
center? Explain that to me. Explain what a ghetto day care center is to me.
Explain that to me.
Mr. Plummer: Not to me, I didn't bring it up.
Mayor Suarez: Going once, going twice, going three times.
Mrs. Kennedy: OK, all right, compromise.
Mr. Dawkins: OK, you see, I'm for...
Mrs. Kennedy: OK, let's compromise.
Mr. Plummer: I'll compromise to $42,500.
Mayor Suarez: $42,500.
Mrs. Kennedy: Going, gone.
Mr. Carollo: Well, the Commissioner made a motion that I seconded at $25,000.
If it is going to any higher, then I will withdraw my motion.
Mr. Plummer: Joe, that was to exempt the fee from that level.
Mr. Carollo: Right, that is what I am saying.
Mr. Plummer: That's still there.
Mr. Dawkins: All right, we have been on this for an hour and one-half. We do
not have a solution at any hand.
Mrs. Kennedy: Yes, we dol
Mr. Dawkins: I would like to move, I mean, I would like to offer a substitute
motion that we leave everything as it is and allow the Administration to work
on this and at the first meeting in October we come back and solve this.
Mr. Plummer: I can't agree with that.
Mayor Suarez: OK, the motion as it now stands, if I can try to clarify, is
that there will no increase for any families with less than $25,000 incomes.
Mr. Plummer: Yes.
Mayor Suarez: There will be no participants in the program if they make over
$42,500.
Mr. Plummer: Correct.
39 July 23, 1987
•
•
Mayor Suarez: and...
Mr. Plummer: They must be City residents.
Mayor Suarez: ...otherwise, and they must be City residents.
Mr. Carollo: J.L., I agree with all those points, but I think we should leave
it open to anyone, but if they make over that $40,000 mark, then they have to
pay accordingly to what they earn. In other words, there is going to be no
subsidy for people making over $40,000.
Mayor Suarez: Why don't you try to leave that for the process of...
Mr. Plummer: The R.F.P.
Mayor Suarez: ... the R.F.P. That will require some calculations that
Commissioner Dawkins was referring to before as to what exactly can a person
over $42,500 pay, etc.
Mr. Dawkins: I cannot vote for that for the simple reason that the person
earning $45,000 takes a slot that a mother earning $20,000 could have.
Mr. Plummer: Is being denied. Exactly!
Mayor Suarez: We have a motion and a second. Any further discussion from the
Commission?
Mr. Plummer: Call the roll.
Mayor Suarez: Does that include the going out for the R.F.P.?
Mr. Plummer: I can include it in that, or you can... Mr. Mayor, let me make
one thing very clear. I think the motion of an R.F.P. should be a separate
motion.
Mayor Suarez: OK.
Mr. Plummer: I don't want to confuse the issue.
Mayor Suarez: Call the roll on that motion, then.
Mr. Dawkins: What's the motion?
Mayor Suarez: Anyone under $25,000 a year gets no increase, anyone over
$42,500 cannot participate in the program at all, anyone who does not live in
the City cannot participate in the program at all.
Mr. Dawkins% Read the motion, Madam City Clerk.
Mr. Plummer: Well, wait a minute, Mr. Mayor, there was one other provision,
there.
Mayor Suarez: I'm sorry, Mr. Vice Mayor.
Mr. Dawkins: Read the motion, Madam City Clerk.
Mr. Plummer: The other provision that was included that where we are
exempting those under $25,000 for no increase, the same amount of money will
be derived from the upper income so that the bottom amount of monies to be
raised will still be raised. They will compensate on the high end, not on the
low end.
Mayor Suarez: The loss of the increase from the under $25,000 will be made up
by those making between $25,000 and $42,500, OK?
Mr. Plummer: Exactly.
Mr. Dawkins: Read the motion, Madam Clerk.
Ms. Hirai: Anybody under $25,000 will not receive an increase, anybody over
$42,500 will not be able to participate, and the difference, the people who
pay under $25,000... the higher echelon people will have to compensate for the
40 July 23, 1987
fact that they will not receive an increase. There is a residency requirement
also, that all must be City residents.
Mr. Plummer: That's it.
Mayor Suarez: OK, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-711
AS STATED HEREINABOVE IS INCORPOP.ATED IN THE ORDINANCE
WHICH PASSED ON FIRST READING IMMEDIATELY FOLLOWING.
Upon being seconded by Commissioner Carollo, 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: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
ABSENT: None
ON ROLL CALL:
Mrs. Kennedy: With pleasure, yes.
Mrs. Dougherty: I have to read the ordinance.
Mr. Dawkins: Let me explain my "no" vote. My "no" vote still says that I do
not vote in favor of a person earning $45,000 a year, taking a slot that a
parent who is only earning $18,000 may need, and therefore, I voted no.
Mr. Plummer: Mr. Mayor, I now make a motion...
Mayor Suarez: I'm sorry, Mr. Vice Mayor, you have to read the ordinance
before the vote.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mayor Suarez: Do we need to call the roll again, Madam City Clerk? Call the
roll again, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 30-26 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "FEE
SCHEDULE" FOR THE PURPOSE OF GENERALLY INCREASING THE
FEES CHARGED FOR USE OF CITY DAY CARE FACILITIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo and passed on its first reading by title by the following vote -
AYES: Commissioner Rosario Kennedy
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
ABSENT: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
41 July 23, 1987
NOTE FOR THE RECORD: ALTHOUGH COMMISSIONER CAROLLO VOTED YES ON THE MOTION,
HE LATER ASKED THE CLERK TO SHOW HIM VOTING NO ON ThE MOTION.
Mr. Plummer: Mr. Mayor, at this time I would like to make a motion that the
Administration, I think has already started it, that the Administration start
to put together an R.F.P. to entice - listen to me - to entice the public
sector, or the private sector, to respond to an R.F.P. and I would want that
Anne Wilson and Rose Gordon be a member of that committee to formulate the
R.F.P. I so move.
Mr. Carollo: 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. 87-712
A MOTION INSTRUCTING THE ADMINISTRATION TO COMMENCE
DRAFTING A REQUEST FOR PROPOSALS IN ORDER TO ENTICE
THE PRIVATE SECTOR TO PRESENT PROPOSALS IN CONNECTION
WITH THE CREATION AND MANAGEMENT OF NEW DAY CARE
CENTERS IN THIS CITY; FURTHER APPOINTING
EXCOMMISSIONER ROSE GORDON AND ANNE WILSON AS MEMBERS
OF A COMMITTEE CREATED FOR THE PURPOSE OF ASSISTING
THE ADMINISTRATION TO APPROPRIATELY DRAFT SAID REQUEST
FOR PROPOSALS.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
ABSENT: None.
Mayor Suarez: Yes, we have acted as well as we possibly can. I want to put
one caveat that I think reflects this Commission's unanimous view. I presume
these children are supposed to be in day care today and are in the program
today. If that is the case, if and when this item should ever be taken up
again by this Commission, I would strongly recommend that you don't bring
them. We love to see them, but this is not necessarily a healthy thing for
them, or certainly for us, so please, in the future be a little bit more
responsible in that sense.
Mrs. Kennedy: OK, on that motion, Mr. Mayor, the R.F.P., I vote "no." I don't
- think that is a way to go about it. I think the City is doing a great job.
It is the City's responsibility. We gave a lot to Bayside, we give a lot to
developers, and we should do the same for our children, and therefore I vote
no.
Mr. Carollo: Commissioner, I am sorry, with all the noise, I couldn't
understand you. Could you repeat it? Did you change your vote again, or...?
Mr. Plummer: Yes, what happened is, we took a vote, and did not read the
ordinance. They had to read the ordinance and the vote again was taken.
Mayor Suarez: Thank you.
Mr. Carollo: OK, if I could...
Mr. Dawkins: That is two noes and three yes, please.
Mr. Plummer: No, four to one.
Mrs. Kennedy: Yes, four to one on the R.F.P.'s
42 July,23, 1987
Mr. Plummer: Four to one.
Mayor Suarez: She is the one who voted against the R.F.P.'s. OK, thank you.
Are we finished on this item? Please take these kids back to what they're
supposed to be doing. This is not necessarily instructive for them to be
here, you understand, or conducive to their education.
Ms. Hirai: Commissioner Dawkins has indicated he votes no on the R.F.P.
motion.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
10:39 A.M. AND RECONVENED AT 10:45 A.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER CAROLLO.
14. A RENOVATIONS ORDERED FOR DAY CARES.
B. COMMISSIONER KENNEDY TO SUPERVISE RENOVATION PLANS FOR DAY CARES.
Mrs. Kennedy: Since we didn't get a chance, I'd like to ask at this time to
consider that, please.
Mayor Suarez: Let's see if we can get ourselves a quorum.
Mrs. Kennedy: I saw Natasha Millan - oh, there she is. Alicia Baro,
representing the Commission on the Status of Women.
Mr. Dawkins: OK, I am back.
' Mayor Suarez: OK, we have got a quorum. I am sorry, because you didn't let
me know that you were going to be speaking in that capacity. I am not sure
that with the disruption that we had here, we could have heard you effectively
anyhow, but any remarks that you may make, if they lead us to want to
reconsider, if you are asking us to reconsider our action, I am sure this
Commission will be more than happy to move to reconsider and take a new vote
on it, if you change our minds in any respect. Go ahead. Get a little closer
to the mike, please.
Mrs. Susan Davila: I just wanted to ask you - I went to school for four years
to become a teacher so I could...
Mayor Suarez: Give us your name and address, please.
Mrs. Davila: Susan Davila, 211 S.W. 19th Road. OK, I am a teacher now, so I
will be making at least $21,000 next year. My husband makes $22,000. That
means we would be $43,000, if he doesn't get a raise by the end of the year.
We can't live - I have two children and one on the way - we can't live on less
than $43,000 a year, paying a house and everything. How...
Mayor Suarez: Have you looked at the scales that the City charges and
compared those with private day care?
Mrs. Davila: Yes, I have.
Mayor Suarez: Well, how does it come out for someone with your combined
incomes?
Mrs. Davila: Private day care usually costs $60.00 a week.
Mr. Plummer: Well, you know, that's an unfair thing, Mr. Mayor, for an
answer. It is funny that day care is also being provided in the neighborhood
of $35.00 a week. Now, if you are making $43,000, how do I say yes to you,
and no to someone making $20,000 where this program is subsidized? That is
the key that I have continued to repeat, that this program is subsidized of
tax dollars and is to help the needy people. Now, you know, if I say yes to
you at $43,000, then I've got to say yes at $50,000 and I've got to say yes at
$60,000, yet that person making $18,000...
Mrs. Davila: But we are paying a higher price!
43 July 23, 1987
Mr. Plummer: You are not paying that much of a higher price to offset the
denial of that young kid. You chose to live in the Roads_ section, which is a
very much higher rent or sale district and higher mortgages. That was your
choice, OK?
Mrs. Davila: No, it wasn't my choice, my father lives there and he gave me
the house. I don't have a choice.
Mr. Plummer: Fine. I'm saying to you that you had that choice. A woman
making $18,000 a year doesn't have that choice. She is there at that level
based on the fact that she can't do any betterl And isn't she more entitled
to a subsidized program than you, who are making $4$000? Now, all we are
saying to you is, the taxpayers' dollars and subsidy programs should first
address the needy people and I think the Mayor was eloquent in when he said
that we exempt all of those under $25,000 and I agreed with that) But, I
think we have got to look out for those who are in need, with a priority.
Mrs. Davila: So that means that I should stay home and take care of my three
kids and live on $22,000.
Mr. Plummer: No one said that to you. No one said that to you at all.
Mrs. Davila: That would be my only choice because the other day cares...
Mr. Plummer: No, your other choice is to explore other programs.
Mrs. Davila: I have explored plenty. I have, I've gone to at least ten or
fifteen day cares, and I haven't...
Mayor Suarez: Under our proposed scale, what would someone with the combined
income of $43,000 have to pay? Anybody have that?
Mrs. Davila: No, a person of $43,000 couldn't go.
Mr. Plummer: No, what are you paying?
Mrs. Davila: It was forty-two...
Mr. Plummer: What are you paying presently?
Mayor Suarez: No, no, prior to imposing that limitation?
Mr. Plummer: What are you paying right now?
Mrs. Davila: Last year?
Mr. Plummer: Yes.
Mrs. Davila: I was paying, like $80.00.
Mr. Plummer: $40.00 per child?
Mrs. Davila: Yes.
Mr. Plummer: And what we are saying to you is, that this would be going up
to... you are telling me that you can't find day care in this community for
$40.00 a week per child? Is that what...
Mrs. Davila: I can, but not that I would want to send my children tol
Mr. Plummer: Ah, you see? That's your choice. That's your choice.
Mrs. Davila: So I would send them someplace that they would be maybe abused,
or not taken care of properly, or...
Mr. Plummer: I don't think that is a fair statement at all, that they would
be abused, OK?
Mayor Suarez: $80.00 per week is a little bit over $320 per month for two
children?
44 July 23, 1987
Mr. Plummer: That's right.
Mrs. Davila: That's right.
Mayor Suarez: You haven't found any adequate...
Mrs. Davila: I have found, but not adequate. The adequate places cost $60.00
a week.
Mr. Plummer: My secretary - just for comparison, Mr. Mayor - my secretary has
her child in a very good day care program. She is paying $36.00 a week, OK?
Now, you know, you might not...
Mayor Suarez: For one child, so there is no additional reduction for two?
Mr. Plummer: Well, that is not the point, I think, as much as it is... you
know, I continually say and maybe something is being overlooked, this is a
subsidized program! Subsidy always is for the needy first and foremost.
Mayor Suarez: It is meant to be a subsidized program.
Mr. Plummer: Exactly, it was always designed that way, Mr. Mayor, from day
one.
Mrs. Davila: That's not what Mrs. Gordon was saying and she was the one that
implemented the program lots of years ago, 14 years ago.
Mr. Plummer: I was here at that time, my dear. I've been here 18 years and I
voted for it and it was subsidized more at that time than it is now. But, you
see, let me tell you something then, as I said to Anne. What people are
forgetting is that this City Commission has 36 percent less Federal revenue
sharing funds than we had before and now they are all gone, they are all gone.
There are no more Federal revenue sharing and our dollars have been cut and
the dollars that we can spend.
Mrs. Kennedy: That is a true statement, but also true statement would be that
by the year 1990, only 14 percent, and only 14 percent of the mothers would be
staying at home.
Mr. Plummer: Rosario, if the people of this community are looking to this
City Commission to provide for all children of day care, it will never happen.
We can't do it. We don't have enough money in our entire budget to provide
for what is actually needed. Instead of coming here, there are other sources
of funding. No one has said to me that we are looking for other sources of
funding. The Mayor talked about a program that I hope does succeed, that
private industry is going to have to recognize if they want good caliber
employees, that in the same way they provide dining rooms for their employees
to keep them on premises, they are going to have to provide day care, and it
is going to have to be at their expense, it is going to have to be. Rosario
has already, and I take my hat off to her, proposed in some of these off
street parking garages that are not making their way, to put in day care
programs and there is the need and it is going to continue to rise in this
community, the need, and there has got to be a cut off point somewhere, in
which this Commission can justifiably say that first and foremost the priority
of our subsidy dollars have gone to help the needy. I can't say any more.
Mrs. Davila: Thank you for listening.
Mrs. Kennedy: Anne.
Ms. Anne Wilson: J.L., can I just say a couple words? One of the problems I
see facing us...
Mrs. Kennedy: Anne, remember to state your name and address.
Ms. Wilson: Oh, I am sorry. Anne Wilson, 1110 Mariposa Avenue. I want to
make a couple of points. Number one, as I said to you earlier when we were
talking, the centers themselves are now 14 years old. They have a life span
of 25 years, according to the builder. They need some capital care at this
point, and no matter we keep them, or whether they go out under R.F.P., they
have to be repaired and cleaned up, so I think you all ought to address that
as soon as you can.
45 July 23, 1987
Mr. Plummer: I'd ask the Manager to come back at the next meeting with a
proposal to at least bring them up to standard provisions.
Mayor Suarez: So moved.
Mrs. Kennedy: I second, because I already wrote a memo to that effect.
Ms. Wilson: Thank you.
Mayor Suarez: To reinforce the memo. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-713
A MOTION DIRECTING THE CITY MANAGER TO COME BACK BY
THE NEXT COMMISSION MEETING WITH A PROPOSAL FOR THE
IMMEDIATE RENOVATION OF THE PRESENTLY EXISTING DAY
CARE CENTERS IN THIS CITY IN ORDER TO BRING THEM UP TO
STANDARDS.
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: Although absent at roll call, Commissioner Carollo
later asked of the Clerk to be shown as voting with the motion.
Ms. Wilson: That is number one. Number two is, I think there are some
innovative ways, and I take my hat off to Rosario for what she is done. But
also, there are other things we can do to bring other people in and make it a
joint project, so under the R.F.P. study, maybe we can come up with some City
industry related partnerships.
Mr. Plummer: I think Miller Dawkins had an excellent suggestion of bringing
in some of these volunteers to reduce the costs of salaries.
Ms. Wilson: What you have got remember, J.L., we have got laws in the state
of Florida and Dade County government in day care - so many children per
square feet, what kind of early childhood education do they have, the teachers
could be volunteers and they would be great as volunteers, but they may not be
able to be the supervisor, or the head teacher or something, because they were
secondary education. They were not early childhood. There are very pretty
strict ordinances on that subject.
NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 10:54 A.M.
Mr. Dawkins: Well, Nancy Dawkins is certified "K" through junior college, OK?
Ms. Wilson: Oh, I know Nancy. Nancy and I are old friends, so I know she is
certified, but I am saying you just can't bring any teacher...
Mr. Dawkins: And Mrs. Rolle is certified, "K" through junior college.
Ms. Wilson: We are talking the early childhood development thing, that is
fine, Miller, I am not arguing that point.
Mr. Dawkins: Oh, OK, I am just saying you and I, we can find the people, that
is all I am saying.
Mr. Plummer: We are talking day care centers, Anne.
46 July 23, 1987
Ms. Wilson: Oh, sure we could. In fact...
Mr. Dawkins: But, we cannot get around the State's requirements for the
building. I am with you 100 percent on it.
Ms. Wilson: Absolutely, and if we want to serve more children, we can't do it
In the buildings we got, because we have to have 35 square feet per child.
Mr. Plummer: And we can't do it paying $19.00 an hour eitherl
Ms. Wilson: Well, I don't know about that point. I'll tell you, I pay a
plumber more than that and I think children are... well, I know we need our
plumbing, especially at Shenandoah Day Care Centerl
Mr. Plummer: I wish this Plummer made $19.00 an hour.
Ms. Wilson: You know, but the point is, that there are some pros and cons
on that subject. I am not going to argue that point, I am just saying that
there are things we can do, innovative things we can do, because we started
this program as an innovative program. We were the first city to do it, and
we were the first city to go ahead and have after school care. Now Dade
County has taken that over. We are proud of that in this City, but let's go
further forward and see if we can't get some more innovation here, that is all
I am saying.
Mr. Plummer: Times change, fundings change, and the needs change.
Ms. Wilson: How true, how true!
Mayor Suarez: Well, we agree on that, to try to pursue the possibility of
innovations and in the meantime we have approved modifications to the existing
program that we think are reasonable and I gather you agree?
Ms. Wilson: I agree to a certain point on what you have done. I can't agree
fully with the first vote, but the second vote is very important. There is no
reason for those children to be in those facilities in the condition they are
in, OK?
Mr. Dawkins: OK, how do you suggest that we help each other apply the
pressure that is needed to bring these facilities up to be able to service our
youngsters?
Ms. Wilson: I think our City Manager can take care of that.
Mr. Dawkins: How can you do it, Mr. Manager? Paint it in the skyl
Ms. Wilson: There used to be a capital fund, Miller, years ago, but it was
wiped out.
Mr. Dawkins: Yes, but what I am saying though is, we know that quote, unquote
the Secretary of H.R.S., Mr. Colder has said he is going to start workfests,
all right? If we are going to put people to work we have got have someplace
to keep their children, so somewhere along the lines, we should by dialoguing
with him, telling him what our needs are, so that he in turn can give us some
dollars to assist us with our little dollars, that what I am saying.
Somewhere along the line, we have got to start an advocacy to get this done.
Ms. Wilson: I agree with you.
Mrs. Kennedy: Let me tell you something, Mr. Manager, I want you to hear
this. A couple of months ago I was taking a tour of all the centers and I got
to one, they were replacing the roof, the tiles in the roof, and said, "Are
you having any problems, are you replacing the whole roof?" and he said, "Oh,
no, no, we do this all the time." The reason being that there is a mango tree
next to it. The kids go on top of the roof to reach the mangoes, so the tiles
need to be replaced every "x" couple of months, so my first instinct was,
well, why don't you cut down the mango tree? That will solve the problem much
cheaper, but they don't they replace the tiles.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: Lemon City. There are many examples that I can tell you.
47 July 23, 1987
Mayor Suarez: Mr. Manager, in connection with the motion already made by this
Commission, that you review all of the centers and make sure that they are up
to standard, would you... would this Commission have any problem in assigning
and appointing Commissioner Kennedy to supervise all that?
Mr. Plummer: The mango tree!
Mayor Suarez: Including mango trees. Seriously, put the heat on them because
he has got a lot of other concerns.
Mr. Dawkins: but, you know, we are being unfair to Commissioner Kennedy.
Commissioner Kennedy has no degree in anything dealing with plumbing,
electrical. She does not know the requirements that the State of Florida
requires for day care centers, so that's... we are being unfair to her.
Mrs. Kennedy: No, because I can get the expertise.
Mr. Dawkins: Well, go ahead, be my guest, then.
Mrs. Kennedy: Yes, I'd like to do it.
Mr. Dawkins: OK, you can? OK, bye.
Mayor Suarez: In addition, I want to read into...
Mrs. Kennedy: I'll get a kitchen cabinet to help me out on this.
Mayor Suarez: I want to put into the record the Haitian -American Community
Association letter, H.A.C.A.D., dated July 22, 1987.
Mr. Carollo: Excuse me, Miller wants to make sure he gets different expertise
than the one you got in the office.
Mayor Suarez: From the H.A.C.A.D. director dated July 22, 1987, in support,
full support of the City's day care program. It is ordered into the record.
Ms. Wilson: That's all I've got to say right now, but put to work, and I will
help out.
Mr. Dawkins: OK, well, I've got three people in my office, call them for
anything that you think you can get out of this City, and we will...
Ms. Wilson: Does that include Nancy?
Mr. Dawkins: Yes. No, no, I can't speak for her, I will ask her. Yes, Nancy
will help you, honey, tremendously.
Mr. Carollo: Did we ever vote on that motion, or not?
Mayor Suarez: We did vote on the initial motion to have the Manager...
Mr. Carollo: Initial? ... but on the second one?
Mayor Suarez: I don't know, we need a vote. Do you want to make it into the
form of a motion? I don't think we need a vote to have a Commissioner
supervise that and...
Mr. Carollo: No, you don't need a motion, but I thought it was going to made
into the form of one.
Mayor Suarez: If you want to make a motion, make it. If not, let's get on.
Mr. Carollo: I make the motion that Commissioner Kennedy be named to
represent this Commission to do the studies that were so stated here.
Mayor Suarez: So moved.
Mr. Plummer: Well, I'll second the motion if it is in order and doesn't
violate the Charter of interference. It could be misconstrued as interference
by a Commissioner. I sure don't want to get her in trouble for doing a good
job!
48 July 23, 1987
Mr. Carollo: No, you notice that is a study.
Mr. Dawkins: That's right. That's right.
Mrs. Kennedy: But it is just like we have appointed you to the Sports
Authority and that's...
Mr. Plummer: There is one thing in doing a study. It is another thing in
going out and directing work to be done.
Mr. Carollo: She is not directing. She is studying. She will report back to
this Commission.
Mrs. Kennedy: I am not directing, just...
Mr. Plummer: Oh, fine.
Mrs. Kennedy: I am not directing.
Mr. Plummer: I second the motion.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-714
A MOTION APPOINTING COMMISSIONER ROSARIO KENNEDY TO
REPRESENT THE CITY COMMISSION IN REVIEWING AND
SUPERVISING THE PLANS AND PROPOSALS FOR THE RENOVATION
OF THE CITY'S DAY CARE CENTERS.
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. Carollo: Can you also show me voting yes in the previous motion that was
made on the same subject.
Ms. Hirai: Yes, sir.
Mayor Suarez: Yes, Alicia.
Ms. Alicia Baro: My name is Alicia Baro and I live at 271 N.W. 64th Avenue.
I'm here as Chair of The Commission on The Status of Women and I needed to be
here to record the Commission's decision on this.
Mayor Suarez: Alicia, I'm interrupting you for a second and tell you that I
mentioned before, I don't know if you were in the room, that we are sorry, and
I am sorry, as Chair, that we didn't get to hear from you before. I didn't
know you were here in that capacity. I'm not sure that it would have been
very effective with the ruckus that we had in here, but it may be just as well
to hear you now.
Ms. Baro: OK.
Mayor Suarez: And you do want to take your input on anything having to do
with this in the future, and we have asked the Manager to monitor any issues
affecting the Commission so that we don't even initiate discussion without
having heard first from our own Commission on the Status of Women.
49 July 23, .1987
Mr. Plummer: It will be automatic.
Ms. Baro: Thank you, because that is exactly what we were charged with and by
you, when you created us, and that's why we needed to come and give our
recommendation. Of course, since then you have approved the $25,000 and
under, not to raise fees. We were against, of course, we are totally against
raising the fees. We think what you have right now is OK. If there were to be
a raise in the fees, then we would be willing to go with the proposed fees of
the May 21st agenda. Also...
Mr. Plummer: Wait, a minute, Alicia, that bothers me now. It bothers me that
you tell me that you, as the Commission, have not spoke to the issue, yet, you
are here making recommendations. I've got a problem with that. Obviously,
the Status of Women Commission has not addressed the issue, according to you,
yet you are standing there prepared to make statement and recommendations in
behalf. I've got a problem with that. I've got a problem with that! You are
speaking as an individual, I'll respect that.
Ms. Baro: As a Commission, we are opposed to the raising of the fees. We
have discussed it.
Mr. Plummer: You are telling me that you have not addressed the issue!
Mrs. Kennedy: No, not addressed the issue today. I think that is what she
meant, no?
Mr. Plummer: Excuse me, Rosario. She has asked, and I defend the right, that
that Commission should have input into this item.
Mrs. Kennedy: Right.
Mr. Plummer: As all others that affect their authority.
Ms. Baro: We did appear on the 21st of May.
Mr. Plummer: But, to stand here and tell me that that Commission has not
looked at the issue, and yet stand in the same breath and tell me that they
are making a recommendation, I've got a problem with.
Ms. Baro: We agree that were in favor... we appeared here on the May 21st
meeting and we were then against the raising of the fees. We thought at that
meeting it had been solved and everything had been left as it. We then were
informed just this week, the fact that this was coming back to be discussed.
We didn't have any idea until just this week that this was coming back, that
there was a new scale being brought, there was going to be a raising of fees.
Mr. Plummer: No, absolutely not.
Mrs. Baro: That's what we were told.
Mr. Plummer: Sorry, what it was left at at the last meeting was that this was
approved on first reading as proposed - as proposed! It was not... that
proposal included an increase.
Ms. Baro: But the increase was the one based on May 21st, wasn't it?
Mr. Plummer: Exactly.
Ms. Baro: It is not the increase that you were proposing now.
Mr. Plummer: What we are proposing now is less, so you're not opposed to
that.
Ms. Baro: Well, of course, I know that you since have discussed it, I said
that at the beginning. Now, you have since agreed that anyone earning under
$25,000 is not going to be increased.
Mr. Plummer: So you are in concord with it.
Ms. Baro: Of course, but I am trying to state our position, that is the way
we intending to, before the whole thing was, which of course, I shouldn't, it
has been decided, thank you. Now, the other thing that I am against is the
50 July 23, 1987
cap. You have placed a cap at $42,500, and we are against any kind of a cap
for reasons that have already been explained here. We believe that everyone,
and by the way, J.L., the business of the $77,000, only one person, out of the
180 children that you have there, there was only one family earning $75,000.
Mr. Plummer: There were 23 families that were earning in excess of $35,000.
Ms. Baro: According to Carmen Evans' information to me, there were ten people
earning over $40,000, out of 180.
Mr. Plummer: I said over 35.
Ms. Baro: No, well, she told me...
Mr. Plummer: And I am basing it on the figures given to us by the
Mayor Suarez: Well, both figures may be right, there may be a lot in the
$35,000 to $40,000 range.
Ms. Baro: Well, whatever it is, ten people of 180 is not bad. Another thing,
of course, that we do want is the program to repair, that is to do
maintenance. As we all know by now, the centers, the four centers are in
terrible condition. Let me tell you, however, that the City of Miami should
be very proud of its centers. It is not really a liability, it is an asset.
You have a good reputation. The centers are recommended by other people. The
Mailman Center is recommending the City of Miami, because the children get
excellent care. They have an excellent educational program. They have
excellent staff, dedicated staff, concerned staff, so that really you should
be proud. You are running a good business.
Mr. Plummer: Nobody disputes that.
Ms. Baro: OK, just to tell you not to think of child care centers in a
negative way.
Mayor Suarez: Alicia, would you pose to the Commission, assuming this matter
will be considered once again, the situation faced by this Commission and the
City where someone making $77,000, as happened in the past, is in the program,
and someone making marginal amounts, $20,000, or whatever, is denied, because
we just don't have the space at that particular time. Would they not agree
with us that some kind of a maximum should be imposed? And if so, what would
be the maximum? Maybe it shouldn't be $42,500.
Ms. Baro: Well, we don't believe in caps at all, because of the fact we think
children don't get the opportunity to mingle and to learn and to be motivated
by different life-styles, by different...
Mayor Suarez: You may be right in the long run that if we can generate enough
programs, that we won't have to place any caps.
Ms. Baro: Besides, right now, you are operating at the top. I mean 45
children in each center is all you can have, and you have them now. And also
I understand you are operating now with families that don't earn more than
$35,000, because they did get rid of the $75,000 one.
Mayor Suarez: We did.
Mr. Plummer: Which should have been.
Ms. Baro: So, that anyway, that is our position, and in the future, thank
you, we will ahead of time, talk to you, or bring you a report, as long as we
know that these issues are coming up and that the Manager will involve us and
anything that concerns women, that effect women, or issues that are important
to women. And by the way, child care is not only important to woman. Child
care is important to parents and to the rest of the community, because our
community profits from well run child care centers. Thank you.
Mayor Suarez: Thank you, Alicia.
Ms. Marisela de los Santos: My name is Marisela de los Santos and I am a
parent of Shenandoah Day Care Center, and I want to make this brief. We've
been at it for so long. My brother attended that school, that particular
51 July 23, 1987
school, he is 12 now, he graduated from it. My son attended that school, he
is seven now. He is going to St. Peter and Paul and he graduated with
outstanding achievements. My son who is four is attending now, and my nephew
will attend in September, so I can say that really the City of Miami schools
are excellent. As a parent, and today, both mother and father have to work.
You feel so secure, I don't know why it is, but after Country Walk,
especially, OK?... when a nursery is backed by the City of Miami and not a
private sector. Right now I pay $37.00, because I am divorced and they asked
me for my income tax, OK?... so I can pay according to what I earn, which I
think is very fair. It is standard procedure and I think it is fair and I
don't even mind if it comes to the point where I have to pay a little more,
I'll get it out of anywhere. I don't care if a teacher earns $16.00 or
$20.00 an hour, as long as she doesn't abuse my child. I think that is very,
very important. I want to go to work with peace of mind and I also think that
a city where we have Cubans, we have Haitians, Blacks, White, what you call
it, we don't need... we need to teach the children from when they are small to
be able to play with other kids, listen to the Spanish language and the
Spanish to listen to the English and incorporate and play together so when
they are older, we don't have the problems and the riots and all the problems
we have. I think it is important, at least take it into consideration.
Mayor Suarez: Thank you for your statement. Natasha.
Ms. Natasha Millan: Well, finally here. I feel like this is all alumni,
since I was the first Cuban that ever went to Shenandoah Elementary, so I
agree with the lady. My name is Natasha Millan, I am here today representing
the Coalition of Hispanic -American Women on behalf of Bobby Ibarra, the
present president, I am the immediate past president. The Coalition of
Hispanic American Woman would have preferred, but of course, now it is not
appropriate to say anything, no R.F.P., because of the revolving door and the
sense of insecurity and lack of self that the kids would get. But, since that
is not feasible or appropriate at this time, we would like to offer our
organization as part of that task force. We have been involved, we have made
a commitment this year as one of our goals, and we would like for you to
seriously consider it. To Mr. Dawkins, I am going to wear another hat. I
used to be a volunteer, coordinator of volunteer services for Switchboard of
Miami. I coordinated 80 volunteers to take care of life and death situations
and I think the idea of volunteers, if I may quote Mr. 011ie North, or Colonel
011ie North, "pretty neat." Thank you.
Mr. Plummer: I agree.
Mr. Dawkins: OK, thank you.
Mayor Suarez: Thank you, Natasha. OK, Ma'am.
Ms. Anne Souffrant: Good morning, my name is Anne Souffrant: I am very glad,
I want them to keep there...
Mayor Suarez: Do you want to move the mike up a little bit, and also give us
an address.
Ms. Souffrant: My name is Anne Souffrant. I live on 279 N.W. 57 Street. I
have two children in the day care, City day care. One in and one in
Lemon City, but I was in my country. I am Haitian. I take my State
Board, I don't pass. Only my husband works as a truck driver and I have to
pay $13.00 a week for the day care for the two children I have. I have she
in senior high. I have the older one in senior high, but I don't work. I
keep to go to school. I take my son child to 95th and 17th Avenue. I want them
to help me. Don't close the City because I want them to help me to keep the
child in the day care, because I can't pay more than that.
Mr. Plummer: If you don't work, why do you need day care?
Ms. Souffrant: My husband work, and no, I just...
Mr. Plummer: But, I am saying, if you don't have a job...
Ms. Souffrant: I work, I tell you, I still go in, I take my bus and sometimes
I go in school. After that I just try to open one small business for
janitor service, but I don't make nothing yet.
52 July 23, 1987
Mr. Plummer: So, you do work.
Ms. Souffrant: No. I just open only three weeks.
Mayor Suarez: You are trying to get established in a business.
Ms. Souffrant: Yes. Only three Meeks, I go to the City of Miami everywhere.
I fill the application forms to give me a contract, but I don't have nothing
yet.
Mayor Suarez: Thank you for your...
Mrs. Kennedy: But, you are anticipating getting a job soon.
Ms. Souffrant: Yes.
Mayor Suarez: Thank you for your statement.
Ms. Souffrant: Thank you.
Ms. Sharon Walker: OK, I am Sharon Walker and I am a student and I have my
baby in day care and I am on a fixed income and I can't afford the price to go
up on day care and leave my baby, my child home unattended, because each year
so many children are being killed each year or being in accidents each year by
left alone unattended.
Mayor Suarez: You understand we did not raise the fees at all for anyone
under $25,000 a year in combined income?
Ms. Walker: Oh, they did not? Oh, thank you.
Mayor Suarez: Right, thank you, and God bless the child. Oh, no, no, wait a
minute, wait a minute! Wait, wait.
Mr. Ernie Fannatto: I want to speak in the interest of the taxpayers.
Mr. Plummer: Ernie, we don't have day care for senior citizensl I don't care
what you say.
Mrs. Kennedy: Oh, we will have adult day care for over 60, yes.
Mr. Dawkins: Day care?
Mayor Suarez: Ernie, I have a feeling we are probably going to hear from you.
Mr. Fannatto: Wait a minute, don't everybody pay taxes that goes to day care?
Come on here now.
Mayor Suarez: Ernie, we will hear from you I am sure later on in the day.
This was just to reopen to hear from the women's organizations that we had
passed up.
Hr. Fannatto: Well, I'd like to make this very brief, if you don't mind. I
want to commend you folks for speaking in the interests of your tax dollar.
If the tax dollar goes further, you can get more children, but I also want to
remind you that the lower bracket should have so many children set aside, a
quota, because the higher bracket can utilize all and the lower bracket may
not get a chance to come in and that is one point I want to bring out, but I
also want to bring out the point of salaries. I respect seniority and
ability. Now, if these people have large salaries that is accumulated through
being there with seniority, I am for it. If they don't have, Commissioner
Dawkins, you are 100 percent right, your point was well taken. Thank you.
Mayor Suarez: Thank you, Ernie.
53 July 23, 1987
15. A OPEN BIDS FOR THE SALE OF $1,500,000 POLICE, $1,000,000 STORM SEWER,
$2,500,000 SANITARY SEWER, AND $5,000,000 HIGHWAY BONDS.
B REQUIRE COMMISSION APPROVAL OF FULL PROGRAM OF PROPOSED PROJECTS TO BE
FUNDED FROM THE SALE OF BONDS.
Mayor Suarez: Why don't you open the bids, agenda item 58, scheduled for
11:00 a.m.
Ms. Hirai: These are bids for the sale of $1,500,000 police headquarters and
crime prevention facilities bonds; $1,000,000 storm sewer improvement bonds;
$2,500,000 sanitary sewer system bonds; and $5,000,000 street and highway
improvement bonds. Mr. Mayor, I need a motion to open bids.
Mr. Plummer: So moved.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-715
A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY
MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE
RECEIVED THIS DATE UNDER ORDINANCE NO. 10291 FOR THE SALE
OF $1,500,000 POLICE HEADQUARTERS AND CRIME PREVENTION
FACILITIES BONDS, $1,000,000 STORM SEWER IMPROVEMENT
BONDS, $2,500,000 SANITARY SEWER SYSTEM BONDS AND
$5,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS OF THE
CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, 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
Mayor Suarez: I'd like to recognize the presence School Board member Rosa
Castro Fineberg and former Miami City Commissioner Athalie Range.
Ms. Matty Hirai: First one is from Merrill Lynch. The interest is stated as
7.3127. Next is from Salomon Brothers Inc. Interest is 7.4868.
Mr. Plummer: Carlos, what happened to the five percent you talked about?
Ms. Hirai: The next is from Bankers Trust Company, the interest is 7.4245.
Next is from Prudential Bache Capital Funding, interest is 7.5463. The next
is from E.F. Hutton and Company, Inc., interest 7.414523. Next is from Morgan
Stanley & Company, interest is 7.59832. Next comes from Citicorp Investment
Bank, interest, 7.5231. Next is from Smith Barney interest, 7.344040. Next
comes from Southeast Bank, interest, 7.4143. Next is from Southeast Bank -
the same, repeated?
Mr. Plummer: Read the second one. It might be lower than the first.
54 July 23, 1987
Ms. Hirai: It is a single item. Let me check the... no, this is Southeast
Bank and this is... All right, the one previously read, was from Chase
Manhattan Capital Markets Corporation, interest 7.4143.
Mr. Plummer: Wait, I am sorry, repeat.
Ms. Hirai: Chase Manhattan Capital Markets Corporation, 7.4143. Why did we
have two envelopes?
Mr. Plummer: Excuse me. So, for clarification, Southeast Bank and Chase are
identical, is that correct?
Ms. Hirai: No, Southeast... Commissioner, there were two envelopes for
Southeast, and this is why this was placed in the wrong envelope. I will read
again, the prior one was Chase Manhattan Capital Markets Corporation, 7.4143.
Mr. Plummer: What was Southeast Bank?
Ms. Hirai: Southeast Bank is 7.5364 and those constitute all the bids, Mr.
Mayor.
Mrs. Kennedy: I move referring the bids to the City Manager for tabulation?
I guess I can
Mr. Plummer: I second the motion with the proviso that none of the funds in
the police bond issue can be spent without a full program being presented to
this Commission previous to even think about selling them. I second the
motion.
Mayor Suarez: With the proviso that the monies cannot be spent without the
Commission approval?
Mr. Plummer: Exactly.
Mayor Suarez: We will get into what they are going to think about it.
Mr. Plummer: The others are well defined programs.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-715.1
A MOTION REQUIRING CITY COMMISSION APROVAL OF THE FULL
PROGRAM OF PROPOSED PROJECTS TO BE FUNDED UNDER THE
BOND SALES IN REFERENCE TO AGENDA ITEM 58 (SALE OF
POLICE, SEWER AND HIGHWAY BONDS).
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.
Mr. Odio: Mr. Mayor, are you aware that we got rated A -plus again, sir.
Mayor Suarez: Oh, I am sorry, yes, we just received our rating again.
Mr. Odio: A -plus.
Mayor Suarez: From all of the agencies?
55 July 23, 1987
Mr. Odio: Yes, in spite of all the bad publicity Miami had in the New York
Times, and all that, it came out the next day.
Mayor Suarez: Well, we got quite a rating. Is there any higher than that,
Michael, for a situation like ours?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
16. CITY MONIES TO BE SPENT FIRST IN THIS COMMUNITY; 10% OF TOTAL BAYFRONT
REDEVELOPMENT PROJECT SET ASIDE FOR BLACK PARTICIPATION.
Mayor Suarez: George, which item is it?
Mr. George Knox: Item 51, Mr. Mayor.
Mr. Plummer: Item what?
Mr. Knox: 51. Mr. Mayor and members of the Commission, thank you so much for
hearing me at this time. For the record, my name is George F. Knox. I am an
attorney with offices at 4770 Biscayne Boulevard. For these purposes I
represent the interest of Joseph Middlebrooks, an architect, in connection
with a dispute that he has had with the architectural firm of Fuller and
Sadao, regarding the interpretation of a contract that Commission directed
that Mr. Middlebrooks enter into with Fuller and Sadao for the development of
the Bayfront Park project. In 1982, the Commission directed that as a
condition of awarding a contract for a phase of this project, that Fuller and
Sadao engage minority architects. Joe Middlebrooks was selected and
designated to receive 10 percent of the work and concurrently 10 percent of
the funds appropriated for architectural work. Mr. Middlebrooks did the work
and received the funds. The problem is that subsequently in 1983, the City
Commission authorized a different, a subsequent phase, which expanded the
scope of work for Fuller and Sadao, but on the face of its resolution, it did
not provide for a minority set -aside, and therefor, Fuller and Sadao did not
obtain the services of any minority firm pursuant to the original resolution.
Mayor Suarez: What was that George, you just said?
Mr. Knox: In 198...
Mayor Suarez: When the...
Mr. Knox: April 6, 1983.
Mayor Suarez: ... the extension?
Mr. Knox: Yes, sir. The City Commission authorized an expansion in the scope
of work to the tune of a little more than $104,000. Fuller and Sadao did not
utilize the services of Mr. Middlebrooks. Mr. Middlebrooks contention is that
their failure to use him for a subsequent phase of the same project relating
to the amphitheater was a violation of the Commission's earlier policy.
Fuller and Sadao have taken the position that they were not required to
utilize Mr. Middlebrooks' services since that was not required in the amending
resolution. Both parties have agreed that the question turns on what the
intention of the Commission was when they directed minority participation in
what was called phase II, or amendment 2, of the agreement. If the Commission
determines that its policy at the time was that there would only be
participation by Mr. Middlebrooks in the phase where it was specifically
directed, then the inquiry ends. If, however, it was the policy of the
Commission to ensure minority participation, specifically participation by
Mr. Middlebrooks throughout completion of the contract, we are here simply to
ask that the Commission indicate that and to further authorize the Manager
then to call the parties together and to attempt to mediate the dispute,
either prospectively or retrospectively.
Mayor Suarez: Why do you wait until 1987?
Mr. Knox: Well, there are about three inches of correspondence between the
parties pertaining to this dispute. Mr. Middlebrooks retained my office in
56 July 23, 1987
186, because I think he felt he was not making progress in persuading Fuller
and Sadao that they had some obligation. Mr. Gilchrist is here and was at
least aware of the dispute, and I would appreciate it if you would correct any
misstatement of...
Mayor Suarez: George, even if we were to find that the intention in 1983 was
proposed by Mr. Middlebrooks, what practical effect would that have now?
Mr. Knox: Well, if there are remaining elements to the project, I think the
practical effect would be that the Commission could direct that from this
point forward, Mr. Middlebrooks be allowed to participate, at a minimum.
Mayor Suarez: Or other minority professional in that...
Mr. Plummer: No, that is not what he is saying. He is saying that
Middlebrooks has a piece of the pie back even though he was forced down to 20
percent, cap...
Mr. Odio: Well, I wouldn't mind doing that...
Mr. Plummer:... that he still wants a piece of that pie.
Mayor Suarez: Well, perspectively from now on, but I don't see how we can
exclude other people.
Mr. Odio: But, no, I think I would rather have that we include another
minority architect, but that it doesn't have to be Middlebrooks.
Mayor Suarez: What is left to do in that particular...
Mr. Gilchrist: Let me just say that, that was amendment number two to the
original architect's agreement, and that was that requirement for minority
participation was specifically added to that amendment. It was amended two
more times, amendment three and amendment four, and in those cases, that was
not carried forward knowledgeably...
Mayor Suarez: Any particular reason why it was left out, as far as you know?
Mr. Gilchrist: I don't know any, but I certainly didn't recommend it, because
it was not a successful relationship between the architects.
Mr. Plummer: Well, I...
Mr. Gilchrist: They are still carrying the minority, Hispanic minority...
Mr. Plummer: The question is, was Middlebrooks specifically designated for 10
percent?
Mr. Gilchrist: Of amendment two, yes, sir.
Mr. Plummer: OK, did he get 10 percent?
Mr. Gilchrist: No, I am sorry, he was not, he was not specifically... I take
that back.
Mr. Plummer: You are saying it spoke to a minority rather than in him as an
individual?
Mr. Gilchrist: It spoke to a minority firm that earned less than $250,000
gross for the year. We went out and sought that and he was qualified for
that.
Mr. Knox: Right, and then Middlebrooks was selected to participate to the
extent of 10 percent. In 1983, there was an amendment which related to the
very same element of the project, the amphitheater and our argument is that
there is a continuity between his work on the amphitheater and amendment two
and on the amphitheater and amendment three.
Mrs. Kennedy: Mr. Manager, what are you recommending on this?
Mr. Odio: I recommend against that completely.
57 July 23, 1987
Mr. Plummer: Who has the contract now?
Mr. Gilchrist: Fuller and Sadao.
Mr. Plummer: And that is a minority firm?
Mr. Gilchrist: They are a Japanese firm associated with Pancoast - Albaisa,
which is a minority firm and all the subcontractors are minority, but there
are no Black minorities in it, sir.
Mr. Odio: Middlebrooks has been paid fully for what he did.
Mr. Plummer: You say a Japanese firm?
Mr. Gilchrist: Right, that is true.
Mr. Plummer: OK, well, no, hey, let me tell you something. I've been
criticized, but I still go on a theory that charity starts at home, OK? This
Japanese firm, do they qualify, number one, as a minority?
Mr. Gilchrist: Not under the City of Miami's... I would like the City
Attorney to answer that one.
Mr. Plummer: Well, somebody can answer easily whether Japanese are a
minority.
Mr. Gilchrist: On a national basis, yes, sir, but I believe the City Attorney
should respond to the City...
Mr. Plummer: And my second question will be, do they have a local office?
Mr. Gilchrist: They are associated architects with Pancoast - Albaisa and
they do have a local office in that sense.
Mr. Plummer: Well, but hey, where are they going to spend their dollars, in
this community, or are they going to take them back somewhere else and spend
them?
Mr. Odio: They have already been doing the work for four years.
Mr. Plummer: Let me tell you something. There are a lot of people going to
retire off of Bayfront Park.
Mr. Gilchrist: I may retire from the City with nothing except getting fired
over Bayfront Park.
Mr. Plummer: You keep going the way you are, you are damn right! The
question is, is a Japanese firm qualify as a minority under the proposal?
Mr. Odio: No, but the point is...
Mr. Plummer: Sir, you are not the City Attorney.
Mr. Odio: They don't qualify, and if they don't qualify...
Mr. Plummer: Then how in the hell can we do business with them if the
stipulation was there?
Mr. Odio: No, because they were told they have to hire a Hispanic and a Black
firm, which they did. Mr. Middlebrooks got paid for his work and he finished,
and that's it.
Mr. Plummer: Cesar, if the thing says that it is minority set aside, if
Japanese is not...
Mr. Dougherty: No, no... it wasn't a minority set aside.
Mr. Gilchrist: It was not minority set aside.
Mr. Plummer: Excuse me. It was designated to be a minority project.
Mrs. Dougherty: It wasn't.
58 July 23, 1987
Mr. Odio: Commissioner, it was not put as a minority project. We were
instructed, where I wasn't, way back then, that you should have a Black firm
and a Hispanic firm added to this group. We did that. Mr. Middlebrooks got
paid for his work and now he wants another piece of the next action, and I am
saying no, that is...
Mr. Plummer: Well, I am not here to defend...
Mr. Gilchrist: Commissioner, there is...
Mr. Plummer: ... Mr. Middlebrooks. That is what the Honorable Knox is...
Mr. Odio: No, if we have to get another Black firm, which I don't mind doing,
that it doesn't have to be Mr. Middlebrooks.
Mr. Gilchrist: Commissioner, the original contract was 1982 with Fuller and
Sadao. It was amended a year after that, and there have been subsequent
amendments to it. At that time we didn't even have the standards in the City
for minority definitions.
Mr. Knox: May I just re -articulate the problem. The problem is that the City
Commission insisted on, and I can state for the record, against, over against
Mr. Pancoast's objections, that there be a minority set aside on the Bayfront
Park project.
Mr. Gilchrist: Amendment two.
Mr. Knox: Well, that's the question.
Mr. Dawkins: Let me refresh everybody's memory so we can get out of here, OK?
Mrs. Kennedy: Especially those of us who weren't here.
Mr. Dawkins: Now, when this came about, I just arrived on the Commission.
You people gave Pancoast a half million dollar contract. When I asked Mr.
Pancoast who, what minority was going to share in this with him, he told me
his firm was a minority, am I correct?
Mr. Gilchrist: That's correct, sir.
Mr. Dawkins: And I asked him how many Blacks were in his firm. Is that
correct?
Mr. Gilchrist: Yes, sir.
Mr. Dawkins: He said, none.
Mr. Gilchrist: Yes, sir.
Mr. Dawkins: I asked him how much of the contract was he going to give to a
Black. He said, none, right?
Mr. Gilchrist: You are correct.
Mr. Dawkins: Maurice Ferre said, "I table this until after lunch." Maurice
Ferre attempted to persuade Mr. Pancoast to give a portion of the contract to
a Black. Am I right that far?
Mr. Gilchrist: Yes, sir.
Mr. Dawkins: OK? He refused. At that time, I said, "I defer this until he
decides to do that." J.L. Plummer said, "I second the motion." Is that
right?
Mr. Gilchrist: I would presume it is right, but I wouldn't presume to speak
for Commissioner Plummer.
Mr. Dawkins: J.L. Plummer seconded the motion.
tabled it. Is that correct?
Mr. Gilchrist: Yes, sir.
Joe Carollo voted and we
59 July 23, 1987
Mr. Dawkins: At the next meeting Maurice Terre said he was not going to allow
Miller Dawkins to stop a five hundred thousand dollar project. He didn't care
who I wanted to give any money to, and his motion died for the lack of a
second, is that correct?
Mr. Gilchrist: Yes, sir.
Mr. Dawkins: Finally, and this is why I don't care if Mr. Middlebrooks
doesn't get a penny... finally, it was obvious to everyone that Mr. Pancoast
was not going to get the contract unless he had some Black participation, is
that correct?
Mr. Gilchrist: That's correct.
Mr. Dawkins: Maurice Ferre sat down with Bill Middlebrooks, and I said, we
want 20 percent for a Black minority, is that correct?
Mr. Gilchrist: Well, 20 percent for minorities, sir.
Mr. Dawkins: No, no, see?... OK, you go get the records, I know what I said,
all right?
Mr. Gilchrist: Yes, I am not challenging this.
Mr. Dawkins: I said 20 percent. Maurice Ferre convinced Mr. Middlebrooks to
take 10 percent, all right? They came up and said, "We have a solution." I
said, "What is the solution?"... and Mr. Middlebrooks said, "I have agreed to
take 10 percent," and at that point, I said, "We said 20 percent fcr a
minority, give 10 percent to Joe Middlebrooks and 10 percent to a Cuban." Is
that correct?
Mr. Gilchrist: That's correct.
Mr. Dawkins: And that is how it happened.
Mr. Gilchrist: The original contract is with... you know, that Miller is
making reference to, is a contract with Fuller and Sadao, a wholly owned
Japanese firm.
Mr. Plummer: Yes, but I've got to tell you something. You know, why are we
spending our dollars with people who don't participate in the general revenue
of this community? It doesn't make sense to me. The Japanese are not going
to help my unemployment.
Mr. Dawkins: They are not going to vote for you in November either.
Mr. Plummer: They might!
Mr. Gilchrist: I think none of here were involved in...
Mr. Plummer: I don't preclude anyone from voting for me in November.
Mr. Gilchrist: Commissioner Plummer, I was as well not involved in that
original selection. However, we inherited that agreement.
Mrs. Kennedy: I wasn't here.
Mr. Plummer: All right, George, let me understand. What you are saying is,
that you want your client to participate in more work at this time?
Mr. Knox: Well, what I am saying, Mr. Commissioner, is that would be a way to
solve the fact that we believe that Pancoast deliberately violated the policy
of the City Commission when he came up for a subsequent amendment and that he
did not act in good faith. The City Commission policy was very clear about
Its intention. Simply because they did not require it on the face of a
resolution that increased the scope of a project...
Mr. Plummer: George, let me tell you where I
talking legally, mostly, and some, morally, OK?
your case in front of the City Attorney and
recommendations.
am at, all right? You are
I would like you to argue
I will be bound by her
60 July 23, 1987
Mr. Knox: Be glad to.
Mr. Odio: And elected officials.
Mrs. Dougherty: I can already tell you that from a legal standpoint, we don't
believe he is entitled to it.
Mr. Dawkins: Beg pardon?
Mrs. Dougherty: Now, from a legal standpoint, we don't believe his client is
entitled to the money.
Mr. Plummer: Fine.
Mr. Dawkins: He is not entitled to any money?
Mrs. Dougherty: Legally.
Mr. Plummer: He is not entitled to anything.
Mr. Dawkins: Legally.
Mrs. Dougherty: Legally.
Mr. D&4kins: But...
Mrs. Dougherty: Now, Commissioner Plummer was talking about morally and the
intent.
Mr. Dawkins: But see, Mr. Pancoast has to be penalized for not following the
dictates of this Commission. Now, we told him to get a minority, and we made
him use a Black the first time and he refused to use a one the second time.
Mr. Odio: Commissioner, may I offer a solution? Let me tell Pancoast to hire
a Black firm, but does it have...
Mr. Dawkins: And pay them as much money as he should have been paid from the
very beginning. OK, I have no problem with that, OK, but whatever the dollar
amount should have been from the day one that we are talking about, pay that
to a Black firm. Just don't start the day, and the contract ends in two weeks
and pay them for two weeks. I've got a problem with that.
Mr. Plummer: And I will go along with that as long as you tell me first and
foremost you tried to get a local - I underline the word local minority firm
first. Then when you come to me and say there are no local minority firms who
can participate, then we will talk to the tourists.
Mr. Odio: Yes, sir.
Mr. Gilchrist: We should have no problems.
Mr. Dawkins: But there are lots of local architects, Mr. Plummer.
Mr. Plummer: Exactly, but I want to build in that I want my dollars first and
foremost to stay in this community.
Mr. Dawkins: I second your motion.
Mr. Plummer: I think we... is that referendum, Madam City Attorney, giving
local people a 10 percent edge?
Mr. Odio: Yes.
Mrs. Dougherty: Yes.
Mr. Plummer: That's on for November?
Mrs. Dougherty: Yes.
Mr. Plummer: OK.
61 July 23, 1987
Mr. Odio: But, besides that, we will find a Black firm locally.
Mr. Plummer: Look, I am not saying to you that you can find that expertise,
and I don't know what you are looking for.
Mr. Dawkins: Well, if he can't I will.
Mr. Plummer: But I want you to come back and tell me, and you had better look
me straight in the eye and say, "Mr. Commissioner, we have looked, and there
are none," because Miller Dawkins and I are going to be out saying, you're
wrong!
Mr. Dawkins: What expertise is needed?
Mr. Gilchrist: I'm sorry?
Mr. Dawkins: What expertise is needed?
Mayor Suarez: Other than just being an architect.
Mr. Gilchrist: Simply being a registered architect, sir.
Mayor Suarez: Right. There are plenty of those.
Mrs. Kennedy: We'll find them.
Mr. Knox: Well, Mr. Mayor and members of the Commission, I'm quite satisfied
that number one, the Commission has indicated clearly that its policy
regarding that project is to have a minimum of 10 percent Black participation
throughout.
Mr. Dawkins: In the total project.
Mr. Knox: In the total project, and that Fuller and Sadao will be required to
expend a proportionate amount of funds that have been appropriated from the
past and toward the future, on behalf of those Black architects.
Mr. Plummer: What is you're saying is, Mr. Middlebrooks is a martyr, but he
will die poor.
Mr. Knox: Absolutely.
Mr. Plummer: And I think his purpose was well served.
Mr. Knox: Thank you.
Mayor Suarez: So moved and seconded. Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-716
A MOTION OF THE CITY COMMISSION STIPULATING THAT IT IS
ITS INTENTION TO CHANNEL THE SPENDING OF CITY MONIES
FIRST AND FOREMOST IN THIS COMMUNITY; FURTHER
STIPULATING THAT IT IS THE COMMISSION'S INTENT THAT 10
PERCENT OF THE TOTAL PROFESSIONAL SERVICES AGREEMENT
WITH FULLER AND SADAO FOR THE DESIGN OF BAYFRONT PARK
REDEVELOPMENT PROJECT BE SET ASIDE FOR BLACK
PARTICIPATION, AS ORIGINALLY INTENDED BY THE CITY
COMMISSION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote-
62 July 23, 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: Thank you, George.
17. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: "CIVIC PARK
PLAZA OFFICE BUILDING? (UDAG) AND APPROPRIATE FUNDS FOR SAME.
Mayor Suarez: Item 20.
Mr. Plummer: Mr. Mayor, in the interest of fairness, I think that there is no
way we are going to get through this morning's agenda in the next 23 minutes,
and I would hope we could either establish a priority on those items or tell
people go ahead and go to lunch now and be back at 2:30 p.m., because I don't
think we are going to get through this morning's agenda anyway.
Mrs. Kennedy: What's wrong with staying until 12:00 o'clock?
Mr. Plummer: Until 12:00, yes, 23 more minutes.
Mayor Suarez: Yes, we are going to keep going through the ones we have got
pending. If there is anyone whose item is not going to be taken up, who has
an item, that is not, let's say, in the next, certainly in the next ten, I
can't imagine that we will get to your item.
Mr. Odio: Anyway we have to take at 11:55 a.m., the bids...
Mayor Suarez: Item 20.
Mr. Plummer: I would say that after item 51 is not going to be heard before
lunch!
Mrs. Kennedy: I move... I'm sorry.
Mr. Plummer: Anything after 51, you can go ahead and go to lunch and come
back afterwards.
Mayor Suarez: Item 20.
Mrs. Kennedy: I move item 20.
Mayor Suarez: Moved, emergency ordinance.
Mr. Plummer: 20?
Mrs. Kennedy: The U.D.A.G grant.
Mr. Plummer: 20, second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED" "CIVIC PARK PLAZA OFFICE
BUILDING" - URBAN DEVELOPMENT ACTION GRANT (U.D.A.G),
AND APPROPRIATING $400,000 FOR EXECUTION OF SAME;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
63 July 23, 1987
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.
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. 10301.
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.
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18. AUTHORIZE EXECUTION OF GRANT AGREEMENT WITH U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT TO RECEIVE U.D.A.G FOR 1469 N.W. CIVIC PARK PLAZA
CORPORATION.
------------------------------------------------------------------------------
Mayor Suarez: Item 21.
Mrs. Kennedy: That's a companion item. I move it too.
Mayor Suarez: Accepting the U.D.A.G grant.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion?
Mr. Dawkins: What is the address in Allapattah?
Mr. Castaneda: The address in Allapattah is N.W. 13th Terrace and N.W. 14th
Avenue.
Mr. Dawkins: And how many units is this?
Mr. Castaneda: This is an office building.
Mr. Dawkins: Beg pardon?
Mr. Castaneda: It is an office building, 20,000 square feet.
Mr. Dawkins: I keep telling you people over and over and over that I am tired
of you people taking U.D.A.G grants, subsidizing business people, OK? Now,
there is not one U.D.A.G grant been in Overtown, not one in Liberty City, not
one in Coconut Grove, I mean... and every time I come up here, you people... I
mean, I argue and raise hell, but I get nothing accomplished! Now, why?
64 July 23, 1987
Mr. Castaneda: Commissioner, you see, the problem is that as H.S. becomes
more competitive, it is more difficult get U.D.A.G in the worse areas of the
City, in the poorest areas of the City. The see, the leverage ratio right now
is about one dollar of U.D.A.G. Is money for every six dollars of private.
With that kind of very low subsidy, it is very difficult, you know, to get
that type of project, so projects are really going to marginal areas, like the
Allapattah area, which is a marginal area.
Mr. Dawkins: 14th? Why isn't it more marginal toward 36th Street?
Mr. Castaneda: No, no, the more marginal it becomes, the harder U.D.A.G is to
make, because of the very low subsidy of the federal government is providing.
Mr. Dawkins: All right, when was the subsidy was not so low and so hard to
get, why didn't you go in that area then?
Mr. Castaneda: No, we did get a U.D.A.G for housing, both in the Overtown and
in the Coconut Grove area, which was a second mortgage program for $1,000,000
and that was really the predecessor of the surtax program.
Mrs. Kennedy: Commissioner, I understand your concern, but you realize if we
don't accept the U.D.A.G grant, what the credibility of our City would be?
Nobody would give us any money!
Mr. Dawkins: But Commissioner Kennedy, I sit here and I hear that every damn
time it is my community. You know, if I don't go along with this, the City of
Miami will lose that, but the City of Miami never sits here and thinks about
the other community that I am talking about, such as Wynwood, such as Coconut
Grove, such as Overtown, such as Edison Center, I mean, nobody is concerned
about this! But, the minute you get some money, then everybody becomes a
bleeding heart and says, "Oh, my God, we are going to lose this money if."
Well, Administration knew we were going to lose it if we didn't do this, so
why didn't the Administration attempt to correct.
Mayor Suarez: Frank, and pursuant to that, have we applied to U.D.A.G grants
to do something around 36th Street and 17th Avenue? That's one location that
comes to mind.
Mr. Plummer: Yes, we did, and we lost our tails on it. The one up on 14th
Avenue and 36th Street, do you remember that one?
Mr. Castaneda: That's correct.
Mr. Plummer: Damn right, we lost itl
Mayor Suarez: How about Grand and 37th in the Grove?
Mr. Castaneda: We are working with but I am telling
you...
Mr. Dawkins: I'll tell you what...
Mr. Castaneda: ...that the leverage is so high that you need that it is very
difficult, but we are, you know...
Mayor Suarez: In Grand and 37th, we don't... we can't make it?
Mr. Dawkins: No problem...
Mr. Castaneda: Well, in Grand and 37th, most of the money is City money,
there's a half a million dollars that was provided by the City, but that
doesn't count. You need...
Mr. Plummer: Well, where is it going to be spent?
Mr. Dawkins: No probleml I'm the only one up here who understands what I am
saying. I move this, and I promise you faithfully - Mr. Manager, let me know
every U.D.A.G grant that is applied for, and when it is not in the area, I
will go to Washington, or wherever the hell it is, Jacksonville, and campaign
against it, and tell them that you are not being fair with Federal dollars.
I've got no problems with it.
65 July 23, 1987
Mr. Plummer: Call the roll.
Mayor Suarez: We have a motion and a second?
Mr. Plummer: Yes.
Mrs. Kennedy: Yes.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-717
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
ON BEHALF OF THE CITY THE ATTACHED GRANT AGREEMENT
WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT TO RECEIVE AN URBAN DEVELOPMENT ACTION
GRANT (U.D.A.G) WHICH WILL PROVIDE $400,000 TO 1469
N.W. CIVIC PARK PLAZA CORPORATION IN THE FORM OF A
LOAN FOR THE DEVELOPMENT OF AN OFFICE BUILDING IN THE
ALLAPATTAH TARGET AREA; FURTHER AUTHORIZING THE CITY
MANAGER TO ACCEPT THE U.D.A.G AND EXECUTE AN AGREEMENT
WITH THE DEVELOPER BASED ON THE TERMS OF SAID GRANT.
(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
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
66 July 23, 1987
4� C
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19. ALLOCATE $12,674.50 FOR EMERGENCY PURCHASE OF BASEBALL CAPS AND EMBLEMS
FOR PAPAL VISIT.
Mr. Carollo: I have an emergency...
Mayor Suarez: Commissioner Carollo.
Mr. Carollo: ... resolution. It is a resolution requesting a total of
$12,764.50 for the emergency purchase of 1,200 baseball caps and 1,200
brilliant emblems for the Police Department for the papal visit to Miami.
Mr. Plummer: May I suggest, Joe, being a good Catholic boy, that we just buy
the merchandise without designating what it is for? All you are going to do
Is encourage maybe a lawsuit. I second the motion that we buy the caps for
the Police Department.
Mr. Odio: Let me just say these are uniforms for the Police Department.
Mr. Plummer: All you are going to do, you are going to have a lawsuit.
Mr. Carollo: Well, that is what it is for.
Mr. Plummer: Yes, but...
Mr. Carollo: We are going to need them anyway, but...
Mr. Plummer: They are most importantly needed.
Mayor Suarez: With that clarification...
Mr. Carollo: We would just like to expedite it a little quicker, because we
are going to have the President of the United States coming to Miami, and many
other dignitaries from throughout the world.
Mayor Suarez: With that clarification...
Mr. Plummer: Yes.
Mayor Suarez: ... we have a motion...
Mr. Plummer: For the Police Department, a much needed item, is the caps.
Mayor Suarez: Short term and long term use. Call the roll.
Mr. Plummer: Whatever.
Mr. Carollo: Well, I'll assure you that after they use it...
Mr. Plummer: It is going to be long term, if you got a lawsuit.
Mr. Carollo: ... after they use it for a couple of days, they are not going
to be thrown away. They are going to be kept and used every day.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-718
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION
TO ALLOCATE $12,674.50 FOR THE EMERGENCY PURCHASE OF
1,200 BASEBALL CAPS AND 1,200 EMBLEMS FOR THE POLICE
DEPARTMENT.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote-
67 July 23, 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.
20. DISCUSSION AND TEMPORARY DEFERRAL OF REHABILITATION OF THE LUZERNE
APARTMENTS (See label #22)
Mayor Suarez: Item 22.
Mr. Plummer: Mayor Suarez, it has been a common practice of courtesy
extended, I would ask that whatever Mrs. Athalie Range is here on, that she be
extended the courtesies of hearing that item.
Mayor Suarez: Mrs. Range.
Mr. Plummer: It has always been in the past. At the microphone, we can hear
you. It has nothing to do that she is a funeral director and I am one and we
know each others problems. It has nothing to do with that at all.
Mayor Suarez: We want to make sure she gets back out there and hustles
business away from Plummer.
Mrs. Athalie Range: I wouldn't do that.
before the Commission if I did that.
Mr. Plummer: Which item were you here on?
I wouldn't feel right coming back
Mrs. Range: Number 69. Now, we did not request this item, but we are here to
defend the item.
Mr. Plummer: Well, wait a minute now, we have got a problem here. The
gentlemen who has requested that is actually the one who is to speak, and
without him speaking first, I don't know how you can re...
Mrs. Range: Yes, this is what I just said. Perhaps you didn't hear me. I
said we did not request the item, but we are here in defense of the item.
Mr. Plummer: What? Is Mr. Paskewich here?
Mayor Suarez: I don't know how easy it is for you to come back.
Mr. Plummer: Well, I think what we ought to do is hear what his presentation
is, if in fact it relates to this item that you are here on, then we will hear
it, but let's hear it and get it out of the way. I think we should hear from
him first, because he was the one who made the request.
Mrs. Range: Yes, this is what I'm trying to explain. Thank you.
Mr. Carollo: Remind everyone that following Commission's policies, we break
at noon time.
Mayor Suarez: We are breaking at noon. Go ahead, sir.
Mr. Lance Paskewich: My name is Lance Paskewich, and the property address is
50 N.E. 13th Street, City of Miami, known as the Luzerne Apartments. We are
before the Commission today to try to finally get this project on the road, to
get all the road blocks stopped, and to finalize many very important issues
that we can't seem to get finalized with Community Development or the housing
division. I don't know how much the Commission wants to take up at this
point.
68 July 23, 1987
Mr. Plummer: Well, does this in any Nay relate to the subject that Mrs. Range
is speaking on? Yours is a separate project from what I think she is here to
testify.
Mr. Paskewich: Well, that's what I am, confused about. Is she here on item
697... Luzerne Apartments? I had no idea she was going to appear on this.
Mr. Plummer: Wait a minute.
Mrs. Kennedy: What is your position on this?
Mr. Plummer: That's not what I am understanding. You are not here on the
Luzerne Apartments, are you, as much as you are here to defend the
recommendation of the department. His is a separate application, and from
what I understand from the department, that in fact, his application was like
fifth in the grading, so he is here defending his project, not to knock yours.
Mrs. Range: No, that is not my
Mr. Plummer: Well, maybe we need to hear from Jerry Gereaux first.
Mayor Suarez: Are they in conflict here?
Mr. Gereaux: No, I think that Mr. Paskewich has some things that he would
like to say to the Commission, and I think that he should have a hearing. I
think that we would like to respond to whatever Mr. Paskewich has to say after
he is finished. Then, I think that if there is any more discussion, perhaps
Mrs. Range would like to speak to it, but really, this item is Mr.
Paskewich's, and he should make this presentation.
Mr. Dawkins: The Administration is prepared to make a recommendation?
Mr. Gereaux: We are prepared to respond to whatever Mr. Paskewich has to
offer today.
Mr. Odio: We all know what he is going to say.
Mr. Plummer: Well, but excuse me, the little bit of understanding that I
have, is that this particular situation that you have made your recommendation
and an award.
Mr. Gereaux: Well, that is correct, Commissioner, but I think that Mr.
Paskewich has a little bit more to say and it may not specifically be about
that award and I think we should give him the opportunity to speak.
Mr. Plummer: OK, all right, fine.
Mr. Paskewich: Would you recommend, Mr. Vice Mayor, that we make it an
afternoon thing?... because it is going to be... there is only nine minutes
left.
Mayor Suarez: Sir, we'd like to hear from you. We've got many items today,
and so far we have got 11 minutes, it was going to be 12 minutes. Go ahead,
tell us what you think.
Mr. Paskewich: OK, basically, I submitted to each Commissioner and the Mayor
850 pages of information on my case that has been going on since 1979, when I
first started dealing with Jerry Gereaux and Sonia Figueroa. We seem to be
able to get nowhere. The Commission, over a year ago, reserved $300,000 in
three percent loan money, while my case was being investigated by Internal
Reviews and Audit. whole case was ignored, and so there was
virtually no findings in support of our case, that is why we presented the
entire package and all of the documents.
Mayor Suarez: What aspect of your case was being investigated? When you say
your case was being investigated?
Mr. Paskewich: Well, it is the fact...
Mayor Suarez: Do you mean your application, and why you were denied in the
past or what?
69 July 23, 1987
Mr. Paskewich: The constant interference with staff trying to kill our
project off every single time I've gone in and applied. I am trying to use
Mrs. Agnes Sangster as our construction company, who is a Slack general
contractor. She won the bid on the project over a year ago. We went to
Housing, signed the papers naming her the winner, and all the paperwork was
supposed to be done, the project was to begin, and seven years, or six years
of work was supposed to have been finished. Then they started again with, "We
want this requirement, now we want this requirement."
Mayor Suarez: Why six years of work? What would possibly take six years of
work?
Mr. Paskewich: Because they have done everything they...
Mayor Suarez: Oh, you mean because you started initially trying to do the
same thing in 1979, is that what you mean?
Mayor Suarez: Yes, and every single time we have applied, they would throw in
an extra $60,000 for a parking lot, or they will throw...
Mayor Suarez: OK, let's go back. Your understanding is that you were awarded
this project in 1981, 186? Last year, you said, about a year ago?
Mr. Paskewich: Well, in other words, we had gotten to the point, we had bided
out the job. She was the winning bidder, work was supposed to begin.
Mayor Suarez: When was that?
Mr. Paskewich: That was June 10, 1986, we formally signed the papers.
Mayor Suarez: OK, let's find out what happened from Jerry Gereaux here.
Jerry, what happened when they "formally" signed the papers in 1986?
Mr. Gereaux: OK, I am going to bring you up to date rather quickly, and the
first thing I am going...
Mayor Suarez: Well, can you answer that part first, so that we have a
clarification on that point?
Mr. Gereaux: Well, I don't think I can, Mr. Mayor, without giving you a
little bit more background.
i
Mayor Suarez: Were papers signed formally, awarding the project to them or
not?
Mr. Gereaux: No.
Mayor Suarez: OK.
Mr. Gereaux: The answer to the question is no.
Mr. Paskewich:: Well, why did they pay for...
Mayor Suarez: Wait now, he wants to explain it, please.
Mr. Gereaux: OK, by way of background, Mr. Paskewich appeared here a year ago
on an unrelated item. He made allegations to the Commission that he was
being mistreated by the Housing Agency staff, that indeed, he had been working
trying to get financing for the rehabilitation of his building from 1979. The
fact of the matter is, Mr. Lance Paskewich first appeared with an application
for funding under a discreet rehab financing program in 1983. As a result of
Mr. Lance Paskewich's allegations a year ago, Commissioner Plummer requested
a complete investigation of the agency. That investigation occurred over a
four or five month period. The Department of Internal Audits cleared the
agency, meaning that it determined the agency was following the procedures
established both by this City Commission and also by the Federal government.
A little bit later, we brought...
Mayor Suarez: Are you talking about your agency?
Mr. Gereaux: Yes. We had a meeting with Lance Paskewich. The City...
70 July 23, 1987
Mayor Suarez: We ordered such an investigation placed on this?
Mr. Gereaux: Yes. The City Manager...
Mayor Suarez: Who wanted to review the matter, I presume?
Mr. Plummer% Well, we asked them to look into it, to review it.
Mr. Gereaux: Let me finish. Yes.
Mayor Suarez: Look into it, all right.
Mr. Gereaux: Yes. This culminated with a meeting between Sonia Cervera, the
assistant director for Housing Conservation. The City Manager and Mr.
Paskewich, I believe were present. Following that meeting - that meeting
occurred January 1, 1987.
UNIDENTIFIED SPEAKER: December 17th.
Mr. Gereaux: December 17th, excuse me. It was followed up with a letter to
Mr. Paskewich. We felt we had the problem resolved. We told Mr. Paskewich
what he needed to do to finalize his application, and we did hear from Mr.
Paskewich after that point.
Mayor Suarez: Until?
Mr. Gereaux: Until? No.
Mr. Odio: I need to say this for the record. Every allegation he made here
at that time were all proven wrong, and I want to say that on the record.
Mr. Paskewich: And I'd like to say on the record, Mr. City Manager, that the
auditors, out of 850 pages evidence, reviewed approximately 100 pages and out
of 186 exhibits, I think they looked at about 20 exhibits. Out of 194 pages
of transcripts, and we had court reporters at every meeting with Jerry and
Frank where they sat there on the record and promised to take out the $80,000
in the parking lot and take out $20,000 and all of these other things they
padded in there - all of this on record in the transcripts. Mr. Chhabra and
Mr. Printer said that they did not have to read one word of that. When she
was at the meetings, we had court reporters. Every time Frank and Jerry met,
we had court reporters, but Internal Reviews and Audits made a decision that
no matter what was said in the record, they were not going to include it in
their audit, so that is the meat of our case, is what is in those transcripts,
these 750 pages that he refused to acknowledge, read, or include in his
findings. You know, just completely...
Mayor Suarez: What specific references do you want to make to that transcript
that this Commission ought to be aware of?
Mr. Paskewich: Well, the fact that while Sonia was out on maternity leave,
that the director of the department made us dozens and dozens of promises
about illegitimate items in our specifications that they would be taken out
and it is clear in there that everything was agreed upon and yet, they refused
to follow anything that they said on the record. What the Commissioners need
to know is the fact that Sonia... we had a work writeup for 1984 for $20,000
for a parking lot. They increased that 314 percent, $64,000, they increased
it, to get up to $84,803. Now, this is for 17 cars, $84,000. That single
line item ruined that application.
Mayor Suarez: Let's get an answer on that. Do you remember that incident,
that increase? What was the reason for it?
Mr. Gereaux: I remember since 1983, Mr. Mayor, that we have been working
diligently with Mr. Paskewich. We felt we had Mr. Paskewich's problem
resolved and if you would like, I will read into the record a letter we sent
to Mr. Paskewich, following the meeting we had with the City Manager and Mr.
Paskewich.
Mr. Odio: Look, I...
Mr. Plummer: Look, can I make this suggestion? I'm sorry, Jerry, the Mayor
asked you a point blank question. Give him an answer to the question. Then,
if you want to editorialize afterwards, fine, but answer the question.
71 July 23, 1987
Mr. Odio: You know what I would do? I'll tell you, sir, Mr. Commissioner, I
met with this person, and I would pay hire not to do business with the City of
Iiiami. He is the most complicated individual I have ever met. We tried to
answer everything.
Mayor Suarez: But, that is conclusionary, Mr. Manager. Let me...
Mr. Odio: The conclusion is, that he is wrong in every allegation he makesl
Mr. Gereaux: I will answer the question, Mr. Mayor.
Mayor Suarez: Very probably is true from our perspective it is, but what
about that particular allegation, so we get an idea of the kinds of things
that he has been dealing with.
Mr. Gereaux: I will answer the question. We operate, as both a lender, a
servicer, and a cost estimator. We estimated the cost of the parking lot
based on our rehabilitation criteria. Those criteria were approved by the
City Commission.
Mayor Suarez: To be eighty-four?
Mr. Gereaux: Yes, the bottom line, however, and what this Commission needs to
know is that Mr. Paskewich's contractor will determine the final price. We
only do estimates for the convenience of the client.
Mayor Suarez: Was that an unusual situation, to have an estimate that went up
by approximately 300 percent like that?
Mr. Gereaux: I am going to refer this to Sonia.
Ms. Sonia Figueroa: I don't even know, at this point, how much the parking
lot was going to cost. We met at the site with the building officials from
the Building and Zoning Department. Mr. Paskewich, his contractors, we went
over every item, I think it took like five hours and nothing that we did was
determined to be wrong. Now, he keeps on picking at details back and forth.
I have the file here, and as you...
Mayor Suarez: Well, by way of illustration, we are looking at one, and he is
talking about 19 parking spaces at $84,000, that's...
Ms. Figueroa: OK, I don't even know that it was quoted as $84,000. I think
Sujan Chhabra's department came up and answered every allegation. The parking
lot was one of them, and they found that there was nothing wrong. Over a
three period, we have been looking at this building. Conditions of the
building might change. The scope of work might change, but the fact remains
that the construction award to be made to the contractor is determined by the
bid, not by our estimate, so if this application is feasible or not feasible
will be determined by his contractor, not us, and let me just add, when we met
in December...
Mayor Suarez: Well, I presume when he gets ranked, and there is a ranking at
some point, right?
Ms. Figueroa: No, there is no ranking. If the application is feasible, he
submitted an application for Community Development Block Grant funds. The
application is feasible, we have the funds and it will be funded. Now, my
staff's recommendation has been at this point that the application looked
feasible. In December when we met with Mr. Paskewich, the Manager and myself,
we asked him for information to complete the loan package, and he has
failed...
Mayor Suarez: In what month, I am sorry, Sonia?
Ms. Figueroa: Pardon me?
Mayor Suarez: What month?
Ms. Figueroa: December of last year. He has failed to do so. I even sent
him a letter requesting again the information. The Manager said to him, "The
minute you submit this information, within a week we will have an answer to
you." He failed to do that.
72 July 23, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-719
A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, SUPPLEMENTING
ORDINANCE NO. 10291 OF THE CITY, AUTHORIZING THE SALE AND
ISSUANCE OF ITS $5,000,000 STREET AND HIGHWAY IMPROVEMENT
BONDS, $1,5000,000 POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS, $1,000,000 STORM SEWER
IMPROVEMENT BONDS, AND $2,500,000 SANITARY SEWER SYSTEM
BONDS; AWARDING THE SALE THEREOF BASED ON BIDS SUBMITTED
AT PUBLIC SALE, AND APPROVING THE TERMS OF SUCH SALE;
ESTABLISHING THE INTEREST RATES FOR SUCH BONDS; MAKING
CERTAIN FINDINGS, REPRESENTATIONS AND COVENANTS WITH
RESPECT THERETO; PROVIDING AN EFFECTIVE DATE FOR THIS
RESOLUTION; AND PROVIDING CERTAIN OTHER DETAILS WITH
RESPECT THERETO.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, 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
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-719.1
A MOTION REQUIRING CITY COMMISSION APPROVAL OF ALL
EXPENDITURES FROM THE PROCEEDS OF THE $1,500,000 POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS DATED
AUGUST 1, 1987.
Upon being seconded by Commissioner Carollo, the motion 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
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:01 P.M. AND RECONVENED AT 2:38 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONERS JOE CAROLLO AND MILLER DAWKINS.
22. CITY ATTORNEY TO NEGOTIATE SETTLEMENT WITH REPRESENTATIVE OF LUZERNE
APARTMENT REHAB PROJECT (See label #20)
Mayor Suarez: The last item that we were hearing, would you like to get up
and not necessarily complete your presentation, but tell us if you wouldn't
consider... taking the following approach as to, and if the Commission wants
to go along with this. We've discussed this right after we took the recess.
74 July 23, 1987
On items that you have that you feel that the City has not dealt with you
fairly in the past, and that you have not gotten a fair hearing, or whatever,
from the internal auditors, would you agree to have, or would this Commission
agree to have someone from the City Attorney's office sit down and evaluate
that and come back to us with some sort of report so that we can avoid having
to hear all of that today, and on prospective issues, such as your pending
application, which I am told is alive and well, and if you comply with all of
the requirements and we will monitor that, and I will offer to have one of my
staff members monitor it, so that you are able to get through and there is no
problems and to on, and Jerry, I know, is inwardly smiling amount the prospect
of getting all of this done and the thing could work out. Would you agree to
that, other than us having a...?
Mr. Lance Paskewich: I've talked to Jerry, and you know, like I told him, we
would both would like to have peace and this settled and resolved. It is
taken too much of everybody's time. The only...
Mr. Plummer: Yes, because otherwise, everybody is losing.
Mr. Paskewich: Right. It is a never win situation.
Mr. Plummer: Mr. Mayor, first of all, can we turn these lights out? Mr.
Manager, you are burning up my brain, which I have very little left.
Mayor Suarez: Did you take him out to lunch? He is in a better frame of mind
now.
Mr. Plummer: Mr. Manager...
Mr. Gereaux: I was in a great frame of mind earlier.
Mr. Plummer: Second of all, my concern is that this way that the Mayor is
recommending does not, in fact impede the program that is already in progress.
Mayor Suarez: Absolutely not.
Mr. Gereaux: It does not impede the program already in progress. We were in
ready in January, I believe it was, to proceed with Mr. Paskewich's pending
proposal for which the City Commission allocated $300,000.
Mr. Plummer: But it is my understanding, Jerry, some of the awards have
already been made, is that correct?... and if in fact, it does not impede
those awards that are already made, then I really have no problem with it. I
think it is a proper way to go.
Mayor Suarez: That is a very important clarification, and I assume the same
thing, I mean...
Mr. Gereaux: Well, you are talking about two different programs. Mr.
Paskewich has had a proposal pending with us since January. That's the
project that we met with the City Manager with and Lance was there and my
assistant.
Mr. Plummer: Jerry, being more definitive, Athalie Range was here on a given
project today - that in no way it impedes that program. That can proceed.
Mr. Gereaux: That does not.
Mr. Plummer: OK, that's... look. As far as it doesn't hold up anybody else
of already awarded programs, I think that is a very fine way to go. You know,
and let's just... here again, I will tell you before we make the vote. I will
base my vote right now on the results and recommendation of the City Attorney.
Fair enough? I'll tell you that, because I have full faith in this lady, that
she will do what is fair.
Mrs. Kennedy: She has another vote here.
Mr. Paskewich: I do have... the problem is there is two applications. One is
the pending one that has been pending for a long time. The other application
was just turned in like a month ago and it has already been cancelled, so
that...
75 July 23, 1987
Mr. Plummer: Don't be greedy. Take one at a time.
Mr. Paskewich: No, but they are two different complete programs.
Mr. Plummer: No, your conversation here today, has been based, as I
understand it, on the one that has been in for quite a while.
Mr. Paskewich: Right, but...
Mr. Plummer: If you have got 850 pages of transcripts, I'm sure that didn't
come about in a one month application.
Mayor Suarez: Right. The one he says has been cancelled is actually still
pending?
Mr. Gereaux: The one that he says has been not recommended and has not been
processed is one that we just got done going through an evaluation process,
that is "water over the dam."
Mr. Plummer: OK.
Mr. Paskewich: OK, but there were three minor technical things they needed on
that application, and what I am asking the Commissioners is, whether, if I
give them those three technical little things they need, whether they...
Mr. Plummer: Lance, you are getting greedy! Now, we are trying to help you
on one, OK? And I am not saying how the vote is going to go, because I am
telling you, whatever this lady recommends is the way I am voting right now.
Now, if you get over one stumbling block, then either you are going to be
proven right, or you are going to be proven wrong, and I think that you can
only take one step at a time, and as far as I am concerned, in your particular
case, we'll surrendered it to her, and I will ask her to come back with a
recommendation as soon as possible.
Mayor Suarez: Do you want to put that in the form of a motion?
NOTE: COMMISSIONER DAWKINS ENTERED THE MEETING AT 2:43 P.M.
Mr. Plummer: I so move.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any further discussion? Is it agreed now that we
are not going to hear all of the testimony?
Mr. Paskewich: Yes, sir.
Mayor Suarez: OK, I want to... you are waiving that.
Mr. Paskewich: I agree 100 percent.
Mr. Plummer: Yes, you are waiving it after she recommends.
Mayor Suarez: Well, he may have to...
Mr. Plummer: He can go to court. If he doesn't agree with her, let him go to
court.
Mr. Paskewich: I am sure she is going to be perfectly fair with it, so I have
no problem at all with this.
Mr. Plummer: OK.
Mayor Suarez: Call the roll.
Mr. Plummer: So am I, that is why I am voting the way she recommends.
76 July 23, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-720
A MOTION DIRECTING THE CITY ATTORNEY TO GET TOGETHER WITH
A REPRESENTATIVE OF THE LUZERNE APARTMENT REHAB PROJECT IN
CONNECTION WITH THEIR REQUEST, FURTHER STATING THAT THE
CITY COMMISSION WILL BE TOTALLY GUIDED BY THE CITY
ATTORNEY'S RECOMMENDATION IN MAKING THEIR FINAL DECISION.
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: Go away and sin no more.
23. OPEN BIDS FOR CONSTRUCTION OF SOUTHEAST OVERTOWN/PARK WEST PAVING PROJECT
PHASE I.
Mayor Suarez: Go ahead and call item 64, opening of bids.
Ms. Hirai: Mr. Mayor, these are bids for the construction of Southeast
Overtown/Park West paving project, Phase I., project B4512. First bid is
from Williams Paving Company, Inc., total bid $1,543.053. Alternate bid,
$1,721,053. Next bid is from P. J. Constructors, Inc., total bid
$1,590,992.50. Alternate bid is $1,733,392.50. Next is from P.N.M.
Corporation, total bid 1,425,423.50.
Mr. Plummer: We need a new estimator.
Mrs. Hirai: Alternate total bid, $1,532,223.50. Next bid is from Alfred
Lloyd and Sons, total bid $1,817,482.80. Alternate total bid, $1,937,632.80.
Mr. Plummer: He is not very hungry.
Mrs. Hirai: Next bid is from Garcia Allen Construction, total bid
$1,709,000.53. Alternate total bid, $1,817,012.71. Next bid is from M. Vila
& Associates, Inc., total bid is $1,323,498.40.
Mr. Plummer: Wowl
Ms. Hirai: Alternate total bid, $1,406,624.40.
Mr. Plummer: Maybe.
Mrs. Kennedy: What was that name again?
Mr. Dawkins: M. Vila.
Mrs. Kennedy: M. Vila.
Ms. Hirai: M. Vila and Associates, Inc. Next one is from Stone Paving
Company, $2,061.145. Alternate total bid, $2,167,945. Mr. Mayor, those are
all the bids.
Mr. Cather: For the record, the...
Ms. Hirai: Need a motion, Mr. Mayor, to refer these to the Manager.
77 July 23, 1987
Mrs. Kennedy: I trove to refer this to the proper authority for tabulation.
Mayor Suarez: So moved.
Mrs. Kennedy: I move to refer...
Mr. Plummer: I second the motion predicated on that information when it comes
back with a recommendation, first shows minority participation and that it is
in fact a local company.
Mayor Suarez: You were going to say, Don, what were the lowest two
and what the estimate was.
Mr. Cather: I want to say the base bid estimate was $1,600,000. The
alternate base bid estimate was $1,725,000.
Mr. Plummer: For the record, I want to indicate, since the five percent will
never kick in based on the low bid of $1,323,000.
Mr. Cather: Mr. Plummer, may I state that I think the five percent should
only apply when it goes over the engineer's estimate, not under.
Mr. Plummer: Sir, Mr. Cather, I love you, I respect you, sir, but I am
telling you that when you make an estimate at that particular cost, this is
now the third time in a row where these estimates have been ten to fifteen
percent above your estimation.
Mr. Cather: No, sir, this is $200,000 under our estimate.
Mr. Plummer: That is correct, sir. Your estimates are wrong. Now, something
is wrong. I don't know what it is. I am not finding fault. I am damn glad
that they are under, but when we are continuously over estimating, something
_ is wrong. Now, I don't know what it is. Either we need a new estimator, or
we need a new way of thinking, a new way of formula, but sir, in the last
three bids, your estimation has been at least 10 percent over. Something is
not jibbing. You keep telling me the town is hungry. Well, don't our
estimators know that?
Mr. Cather: Well, yes, then we also pointed out to you sir, that the
estimates, if you take the mean of the bids submitted, we were within .2
percent.
NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 2:48 P.M.
Mr. Odio: But, Commissioner Plummer, if we do the estimates 100 percent
correct, and these people need work, and they underbid, what fault do we have?
Mr. Dawkins: Throw it out and bid over, that ain't no problem.
Mr. Plummer: That's exactly what our alternative is.
Mr. Dawkins: That's no problem.
Mr. Odio: And you want us to come in at the...
Mr. Plummer: No, I will tell you what you do in the future, eliminate from
the bids, or the R.F.P.'s, the estimate. Eliminate it! Send it to the
Commission in a memo form, OK? You might wind up with much better prices.
Mr. Odio: Very well sir, we will do it that way.
Mayor Suarez: Call the roll on the motion to tabulate.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-721
A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS
FOR CONSTRUCTION OF SOUTHEAST OVERTOWN/PARK WEST
PAVING PROJECT - PHASE I; FURTHER REFERRING SAID BIDS
TO THE ADMINISTRATION FOR PROPER TABULATION OF SAME.
78 July 23, 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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
24. ALLOCATE $12,000 FOR "PROS FOR KIDS" (ANTI -DRUG PROGRAM)
-------------------------------------
Mayor Suarez: Pros for Kids. Is Mr. Colzie here?
Mr. Plummer: Mr. who?
Mayor Suarez: Neal Colzie.
Mrs. Kennedy: 67?
Mr. Plummer: Oh, Tacolcy?
Mayor Suarez: No, no, for Neal Colzie, who has taken time out of his busy
schedule to...
Mr. Plummer: Busy schedule, my red nose! Mr. Mayor, I had a very... I think
you and I and maybe Rosario had a good conversation. This is a tremendous
program. I think the last time that they had their gathering, they had over
500 kids in Coconut Grove. I think because we are down to the end of the
budget year, that we had an agreement that we would come in for approximately
$12,000, for the rest of this summer's program.
Mr. Pierce: Yes.
Mr. Plummer: Yes, I did, I didn't say ten, I said ninety-five hundred to
twelve, and I am willing to go to twelve.
Mr. Neal Colzie: I am glad.
Mr. Plummer: That it would give us an idea to monitor and see results and
then if we felt that it was worth while we could enter into a full year
program. With great pleasure, Mr. Mayor, I would like to move that
$12,000,000 allocation, with the full understanding that you must work with
and through the Administration and the Parks Department.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. That has substantial in -kind match. I
think Dave Hill and others in Coconut Grove are involved in making a much
larger program from this grant because of their matching support of it.
Mayor Suarez: Any further discussion?
Mr. Odio: Let me...
Mayor Suarez: Mr. Manager.
Mr. Odio: Yes, we have given them inclusive space, office space so they can
work from there.
Mr. Plummer: Well what I recommend to you is, whenever you go to make a move,
whatever it is, you check with the Administration.
Mr. Colzie: By all means.
79 July 23, 1987
a I
Mr. Plummer: Because it is going to be the Administration who is going to
evaluate and recommend to us on a full year program. Don't take the money and
run to Venezuela.
Mr. Odio: They already did one talk.
Mr. Colzie: We had a nice Saturday gathering. We called it a grand opening
because we knew you guys were going to agree with it and we had five...
Mr. Plummer: Ho, ho, hol (LAUGHTER)
Mr. Colzie: Well, we are just confident.
Mr. Plummer: Oh, are you foolishl
Mr. Colzie: And we had 550 kids and 22 professional college athletes plus the
police show dogs and a horse show, so the kids enjoy themselves and I enjoy
myself and I...
Mr. Plummer: Don't talk yourself out of the money.
Mr. Colzie: See you laterl
Mr. Plummer: That's a smart man.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-722
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$12,000 FROM THE LAW ENFORCEMENT TRUST FUND TO SUPPORT
AN ANTI -DRUG PROGRAM ENTITLED "PROS FOR KIDS" WHICH
WILL BE CONDUCTED IN CITY PARKS UNDER THE
ADMINISTRATION OF THE POLICE DEPARTMENT SUBJECT TO AND
CONTINGENT UPON THE REVIEW AND APPROVAL OF THE CHIEF
OF POLICE AND THE CITY ATTORNEY AS TO THIS FUNDING
SOURCE AND FURTHER SUBJECT TO THE GRANTEE'S COMPLIANCE
WITH ANY AND ALL APPLICABLE CONDITIONS AND LIMITATIONS
AS MAY BE PRESCRIBED BY THE STATE OF FLORIDA AND 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: I'm voting yes, but I sure want the Manager to tell me how he is
reducing the millage, and still giving away money. I don't have no problems
with it. I'm voting yes. No, no, I've got nothing to do with it.
Mr. Odio: I'm not giving the money.
Mr. Dawkins: Who gave it to them? Hey, we all voted yesl Keep the
youngsters off the streets. Maybe we can do something with the drugs, and
what -have -you.
80 July 23, 1987
Mr. Odio: Seriously, Commissioner, i have been talking to the Chief to try to
flake sure that we can get it from Law Enforcement Trust Funds, which is
confiscated funds.
Mr. Plummer: That's very important.
Mr. Odio: This is crime prevention and we feel that it should come out from
those funds, and this is not coming out from the millage, in other words, from
the general fund.
Mr. Dawkins: It is crime prevention, and if you can get it from there, that
is wonderful.
Mr. Odio: I have already talked to the Chief about that.
Mayor Suarez: Can we do it from Law Enforcement Trust Fund?
Mr. Odio: I have to give him, in writing...
Mayor Suarez: I can see the negative answer already coming.
Mr. Odio: You know, they think like policemenl I already told them that...
Mayor Suarez: Their first answer is always no and then, of course, we work on
them.
Mr. Odio: They have to give me in writing how they are doing crime prevention
by doing this.
Mr. Dawkins: It's crime prevention. It's drug prevention. It's dropout
prevention. There's a whole lot of things we can claim this with. No
problem.
------------------------------------------------------------------------------
25. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: "SENIOR CITIZEN
CENTERS IMPROVEMENTS/CONSTRUCTION" AND APPROPRIATE FUNDS FOR SAME TO MAKE
ALLOCATIONS TO LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS
------------------------------------------------------------------------------
Mayor Suarez: Item 22.
Mr. Plummer: Mr. Mayor, may I try to clear up item 22 because I was under a
misconception and maybe others have not had the opportunity that I've had to
find out what this is. This is not the acceptance of a grant of money to the
City of Miami. The reason this is on the agenda is that with this grant goes
some in -kind services. Those in -kind services is really what we are approving
here so that we get 16 part-time senior citizens through this grant. I was
confused, and I think others were, that this was a grant which we could
control. It is not the case. Am I correct? Am I on the right one?
Mr. Castaneda: No, you're on the wrong item, Commissioner.
Mr. Plummer: I'm sorry.
Mr. Dawkins: No, on item 22.
- Mrs. Kennedy: Item 22 is the Little Havana activity center and I so move this
item.
Mr. Dawkins: I second it, and under discussion. My only concern was, like I
told Josefina and everyone else, the audit trail. That's my only concern.
We've never had a problem, but I just had to put it in the record that we must
be accountable for these funds, that's all.
Mr. Plummer: And make sure you use minority contractors.
Mayor Suarez: Read the ordinance, and give us the reason for the emergency.
AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD
BY TITLE ONLY.
81 July 23, 1987
Mayor Suarez: The emergency is based one
Mrs. Dougherty: This is an emergency so that the State funds may be received
and the necessary agreements can be entered into on a timely basis and which
will enable the Little Havana Activities and Nutrition Centers of Dade County
to begin improvements.
Mayor Suarez: Call the roll.
Mr. Plummer: Excuse me. Josefina, you understand what Miller Dawkins said so
that at a later time there's no misunderstanding, that whatever awards you go
to award, prior to doing that you will run them by the City Manager to make
sure he is in concurrence. That is what I think he means by an audit trail.
Mr. Odio: Do we keep five percent for administrative costs?
Mr. Plummer: No, sir, you do not. You don't look like the governor to me.
Ms. Josefina Carbonell: Yes, sir, I fully understand, and also to ratify the
regulations for the use of these funds are concurring with minority
contracting and other regulations that are attached to it.
Mayor Suarez: We figured you'd understand. Call the roll - for $196,000.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "SENIOR CITIZEN CENTERS
IMPROVEMENTS/CONSTRUCTION", APPROPRIATING FOR THE SAME
IN THE AMOUNT OF $196,000 FROM THE STATE OF FLORIDA:
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
DIVISION OF AGING AND ADULT SERVICES TO ALLOCATE THE
GRANT AWARD TO THE LITTLE HAVANA ACTIVITIES AND
NUTRITION CENTERS OF DADE COUNTY, INC. TO PROVIDE
CAPITAL IMPROVEMENTS/CONSTRUCTION IN CONJUNCTION WITH
THE AGENCY'S ELDERLY SERVICES PROGRAMS, AND
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
AFOREMENTIONED GRANT AWARD AND ENTER INTO THE
NECESSARY CONTRACT AND/OR AGREEMENT WITH THE STATE OF
FLORIDA; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Kennedy and seconded
by Commissioner Dawkins, 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. 10302.
82 July 23, 1987
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. ALLOCATE $196,000 TO LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS
Mayor Suarez: Item 23 is related. The resolution allocating it.
Mrs. Kennedy: Move it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-723
A RESOLUTION ALLOCATING $196,000 FROM THE SENIOR
CITIZEN CENTERS IMPROVEMENTS/CONSTRUCTION FUND
APPROPRIATED BY ORDINANCE NO. 10302, ADOPTED JULY 23,
1987, TO THE LITTLE HAVANA ACTIVITIES AND NUTRITION
CENTERS OF DADE COUNTY, INC. FOR THE PURPOSE OF
PROVIDING CAPITAL IMPROVEMENTS/CONSTRUCTION IN
CONJUNCTION WITH THE AGENCY'S ELDERLY SERVICES
PROGRAMS; FURTHER AUTHORIZING THE CITY MANAGER TO
ENTER INTO AGREEMENT WITH SAID AGENCY FOR SAID
PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: Now, Josefina, these are not repairs that HUD should be doing,
is that correct?
Mr. Plummer: No, this is not housing. This is to their Center there on 8th
Street.
Mr. Dawkins: For the Center? No housing? OK, thank you, I just don't want
to be doing anything the County is supposed to be doing.
Mr. Plummer: Let's also remember - I think it's very important - that we
loaned her $300,000 (wasn't it?) to build that facility, or buy that facility,
with a reverter clause the day that thing ever closes that we have first
option to get our money back. Let's remember that. So we are making an
investment on our own.
83 July 23, 1987
27.A -SCHEDULE PUBLIC HEARING TO CONSIDER: (1) ALL CONSTRUCTION CONTRACTORS TO
HIRE LOCAL LABORERS; (2) ALL CONSTRUCTION CONTRACTORS TO PROVIDE
SATISFACTORY WAGES AND FRINGE BENEFITS; (3) ALL CONSTRUCTORS TO POST
BOND IN ORDER TO PROVIDE MEDICAL PLAN TO COVER LABORERS; FURTHER
DIRECTING THAT MINORITY CONTRACTORS MUST BE COMPETENT AND LICENSED.
B -ACCEPT MAXIMUM COST OF $4,400,000 FROM 3-W CORPORATION INC./FRANK J.
ROONEY INC. JOINT VENTURE, FOR CONSTRUCTION OF NORTH DISTRICT POLICE
SUBSTATION PROJECT.
Mayor Suarez: Item 26.
Mr. Odio: This is the agreement for the substation in the north district. We
have finalized the survey and they fence is going up tomorrow, Commissioner
Dawkins.
Mr. Plummer: I don't have an amount on my agenda.
Mr. Gilchrist: Four point four million.
Mr. Dawkins: What?
Mr. Gilchrist: Four point four million.
Mr. Dawkins: Four point four million.
Mr. Gilchrist: For construction.
Mr. Dawkins: No, no, no. That's for completion.
Mr. Gilchrist: Yes, sir...
Mr. Dawkins: That's construction, housing, furniture and everything.
Mr. Gilchrist: Yes, sir. I have to add to that because the total cost is
five million, including the soft costs - architectural fees and so forth.
Mr. Plummer: Including sales tax.
Mr. Gilchrist: No, sir, we don't have a ruling on whether there is sales tax.
Mr. Plummer: You're paying sales tax on building construction materials.
You're paying sales tax on...
Mayor Suarez: That part is included because they have to build that into
their estimate.
Mr. Gilchrist: But the add -on tax...
Mayor Suarez: Of the contract itself?
Mr. Gilchrist: Contractor's tax. You said at the last Commission meeting
that if that were added on - because we don't have a determination yet - that
that could come out of the interest earned on this. That's what you told me.
Mr. Plummer: Question. How much of a contingency fee do you have built into
this?
Mr. Gilchrist: We have two hundred and forty thousand in the construction
contract.
Mr. Plummer: Contingency.
Mr. Gilchrist: Contingency.
Mr. Plummer: Included in the five.
Mr. Gilchrist: Included in the five, yes, sir.
84 July 23, 1987
Mr. Plummer: OK. Is there a maximum completion date?
Mr. Gilchrist: We have 365 days contractual.
Mr. Plummer: And what is the penalty for non -completion in three sixty-five.
Mr. Gilchrist: $500 a day.
Mr. Plummer: How much?
Mr. Gilchrist: $500 a day.
Mr. Plummer: On a $5,000,000 project?
Mr. Gilchrist: The liquidated damage is $500 a day.
Mr. Plummer: That's not enough.
Mayor Suarez: I think that was the guideline we set.
Mr. Plummer: No. We set a percentage.
Mayor Suarez: Right. I think that is it, isn't it?
Mr. Plummer: Which would be what, in this case?
Mr. Gilchrist: It's not five, it's four point four million, so...
Mr. Plummer: OK, but I'm talking about a project of this magnitude, $500 a
day is nothing. The bottom line is: we want to get it done.
Mr. Gilchrist: We can go back.
Mr. Plummer: Miller, how much do we want to insist on this project being done
in what they say?
Mr. Dawkins: Just hold back half the money if it's not finished. We go out
and get it done.
Mrs. Kennedy: The problem is, if we go back and negotiate, it's going to
delay us.
Mr. Plummer: That's what I'm scared of.
Mr. Dawkins: Like you said, $500 a day is nothing to a company like Frank J.
Rooney. What is $500 a day to him?
Mr. Plummer: It's nothing.
Mr. Dawkins: Peanuts. And, like J.L. coming back to the five percent, we
continue to sit up here and say this and nobody hears us.
Mr. Gilchrist: If the Commission would like to set a number here...
Mr. Dawkins: What's the percentage you usually...? All right, as a paid
employee, what do you recommend?
Mr. Gilchrist: Let me tell you that I started in the negotiation asking for
two thousand.
Mr. Plummer: My bottom line is to get it done. I don't want to be accused of
delaying it to try to bring about that by delaying it, in any way, shape or
form.
Mr. Dawkins: Now, as a professional, what do you recommend we use as a
percentage to start with? Since we're unhappy with what we have.
Mr. Gilchrist: I would like Don Cather to answer that, but we started at a
higher number and negotiated with them and we agreed to five hundred right
now.
Mr. Dawkins: But you always negotiate down and never up.
85 July 23, 1987
Mr. Gilchrist: On that issue, yes, sir.
Mr. Dawkins: Is the contract signed?
Mr. Gilchrist: No, sir, it will be signed after you approve it here.
Mr. Plummer: It can't be signed until we pass this.
Mr. Gilchrist: So we still have room to go back.
Mr. Dawkins: And you've still got to come back?
Mr. Gilchrist: No, sir, I said if you set a higher number than five hundred,
we can go back to them.
Mr. Dawkins: What day do they start...?
Mr. Gilchrist: They're going to be out on the site tomorrow, sir.
Mr. Dawkins: OK, fine, being on the site is wonderful. What day are they
going to drop the backhoe and dig the foundation and begin to pour the
concrete in the foundation? What date?
Mr. Gilchrist: I cannot answer that clearly because they have to prepare the
site to do the foundation. I would say within two weeks they would be pouring
concrete.
Mr. Carollo: What I'd like to be made part of the contract with them is the
following: that construction... I'm going to introduce this as an ordinance
at a future date, but I think we will need a public hearing to include it in
all City projects from then on, but for this particular project, we could
certainly make it part of the contract with them. What we would want the
contract to stipulate is that all public contracts shall require the use of
bona fide Dade County residents, which means this contract will say that they
shall require the use of bona fide Dade County residents as laborers,
mechanics, or apprentices; requiring posting of notice of compliance with this
notice; providing exceptions when Dade County residents are not available or
are incapable of performing the particular type of work involved. In other
words, we're going to make sure that they're going to hire Dade County Miami
residents and not go and bring people from all over the place from other areas
to make their money here and then take it back somewhere else. So, I want
that stipulated as part of the contract.
Mr. Gilchrist: The Manager has pointed out to me that the Rooney contractor -
it's a joint venture between 3-W and Rooney and Rooney is based in Fort
Lauderdale, as far as the general contractor goes.
Mr. Carollo: That's fine, but the people they're going to be hiring...
Mr. Dawkins: But, you see, you guys hear us but you don't pay any attention.
Mr. Gilchrist: I'm only telling you what the Manager...
Mr. Dawkins: Joe don't care if he's in Timbuktoo. Hire some people that live
in Dade County. I don't care where his main office is.
Mr. Gilchrist: I understand that.
Mr. Dawkins: Isn't that what you're saying, Commissioner?
Mr. Carollo: Absolutely.
Mr. Dawkins: Why is that hard to understand?
Mr. Gilchrist: I understand that, sir.
Mr. Plummer: Well, I guess the problem is that in this particular R.F.P. it
wasn't there.
Mr. Carollo: A prime example I could give you is Metrorail.
86 July 23, 1987
Mr. Dawkins: No, the prime example to give them, Joe, is the Arena.
Mr. Plummer: Oh, yes.
Mr. Dawkins: If you go out to the Arena you see tags from Texas, Missouri -
everywhere but the State of Florida.
Mr. Carollo: That's what I'm talking about. Metrorail was the biggest
contract we had in this County in some years.
Mr. Plummer: I told you so, a year ago.
Mr. Carollo: And they brought so many laborers from outside Miami and Dade
County that it was sick. So I want this stipulated as part of the contract.
If they can't sign it or don't want to sign it, fine.
Mayor Suarez: On the issue of...
Mr. Gilchrist: Are you saying subcontractor or laborer, Commissioner?
Mr. Dawkins: I'm saying both.
Mr. Plummer: Workforce.
Mr. Odio: You understand, Commissioner, that if they don't sign it, we're
going back to the drawing board and begin all over again the process on the
substation.
Mr. Carollo: Let me read it to you again: "Shall require the use of bona
fide Dade County residents as laborers, mechanics or apprentices; requiring
posting of notice of compliance with this notice providing exceptions for when
Dade County residents are not available or are incapable of performing the
particular type of work involved.
Mr. Dawkins: It would be a little difficult for us to do that with this one,
Joe, because they're already to sign.
Mr. Plummer: You just can't do it with this one.
Mr. Dawkins: I'm with you on all the others.
Mrs. Kennedy: We can't go back to the drawing board.
Mr. Plummer: There's only one way to do it and that is to throw out this bid,
delay the project another three to four months and, hopefully, you'll get a
bid in at this same price, which I doubt that you would.
Mr. Carollo: I think that John could sit down with them and get them to at
least comply with most of what we're requiring here, but, nevertheless, Mr.
Manager...
Mr. Gilchrist: I could always seek best efforts in that direction at this
point without having to give up the contract.
Mr. Plummer: Sure.
Mr. Carollo: Let me make a resolution ordering you to place advertising for a
public hearing at our very next Commission meeting, which will be in
September, and the public hearing will include the discussion of three
ordinances. One will be the ordinance that I just talked about now that will
require all construction contracts affecting the City of Miami to hire Dade
County residents as laborers, mechanics or apprentices, and so on. The second
one would be an ordinance related to construction contracts affecting the City
of Miami providing the rate of wages and fringe benefits payments for all
laborers, mechanics and apprentices be not less than the prevailing rate of
wages and fringe benefits payments for similar skills and classifications of
work, as established by the Federal Register. And last but not least, an
ordinance related to construction contracts with the City of Miami providing
the City gets the contractor through a bond - assured that it is made through
a bond - to provide a triedical plan funded by them to cover all laborers,
mechanics and apprentices employed by any general subcontractor to perform
labor on any and all construction contracts in which the City of Miami is a
party.
87 July 23, 1987
Mr. Dawkins: Madam City Attorney, I asked you to draft something along the
same lines. Did we ever it completed? In that, Joe, I want to add that -
and, Madam City Attorney, find out how I can do it legally - that when a
minority, be it female, Black or Cuban, comes in as the minority member of a
contract, that if it is a female and it's an electrical contracting job, that
female must have the competency in that field as the minority member. If he's
Black and it's plumbing, then that minority member must be Black and have a
contract that says he or she is a licensed contractor in the State of Florida.
I want you to find out how I can put that into...
Mr. Plummer: Certified in Dade County.
Mr. Dawkins: Certified in Dade County, that's right, J.L. See, I'm fed up
with minorities coming in who don't know... Like a lady came in in the
drywall and she didn't know what a drywall was, but she was a minority member,
and they ended up getting the contract and we will never, Rosario, have a lady
as a drywall contractor unless we force them...
Mrs. Kennedy: Of course.
Mr. Dawkins: We've got to force them to put people in as minorities and then
see that they get certified, or else they won't get any work.
Mr. Plummer: All right, let me bring up one other thing that I think needs to
be discussed...
Mr. Carollo: Excuse me, gentlemen, I made that into a resolution to have a
public hearing on three ordinances based on what I've described to you.
Mayor Suarez: So moved.
Mr. Plummer: Sure, I'll second it, for a public hearing, without any
question.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-724
A MOTION INSTRUCTING THE ADMINISTRATION TO PLACE AN
ADVERTISEMENT FOR A PUBLIC HEARING TO BE HELD AT THE
VERY NEXT CITY COMMISSION MEETING IN ORDER TO CONSIDER
THREE PROPOSED ORDINANCES:
1) AN ORDINANCE WHICH WOULD REQUIRE ALL CONSTRUCTION
CONTRACTORS TO HIRE LABORERS FROM WITHIN DADE COUNTY;
2) AN ORDINANCE WHICH WOULD REQUIRE ALL CONSTRUCTION
CONTRACTORS HAVING CITY CONTRACTS TO PROVIDE A
SATISFACTORY RATE OF WAGES AND PROVIDE FRINGE BENEFITS
TO THE DADE COUNTY LABORERS AS PROVIDED BY FEDERAL
STANDARDS;
3) AN ORDINANCE WHICH WOULD REQUIRE ALL CONSTRUCTORS
DEALING WITH THE CITY TO POST A BOND IN ORDER TO
PROVIDE A MEDICAL PLAN FUNDED BY SAID CONTRACTOR WHICH
WOULD COVER ALL LABORERS WORKING ON CONTRACTS IN WHICH
THE CITY OF MIAMI IS A PARTY.
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.
88 July 23, 1987
Mr. Plummer: The area that I think we need some discussion in, because I was
watching a Metro hearing the other day, and I'm just going to pull these
numbers out of the air, but 1 think you'll get the drift of what I'm trying to
say, that I think we need to address. Mr. Manager, to give you an example,
there was a minority contract that came in for electricians - and I'm pulling
these numbers out of the air, please understand me - that that minority
contractor charged $22 an hour for an electrician when the prevailing rate for
an electrician was $16 an hour. it was said that to use a minority contractor
in that particular case was like 35-40 percent more than if we went for the
best price. Now, I don't know where there is the area of compromise,
fairness, or best value for the City, but if you put it out with only a
minority contractor, with that stipulation, I am concerned, as was the County,
that you could be paying a tremendous amount more money that, in effect, was
not really going to the minority contractor. So I think we need to discuss
that, that there has to be some protections built in, reasonable percentages
above. I think that's got to be discussed.
Mr. Dawkins: J.L., I hear you, but what I'm saying is, if it's male, female,
or what...
Mr. Plummer: I agree with your point.
Mr. Dawkins: ...and if they don't bid competitively, they don't need to be in
the business. I'm not for paying $16 more an hour for nothing.
Mr. Plummer: I understand that.
Mr. Dawkins: If there's a Black and he's $16 above whatever the female, or
whoever the other minority is, he doesn't get it.
Mr. Plummer: OK, we're not in disagreement.
Mr. Dawkins: OK, that's all.
Mr. Plummer: What I'm saying is I think that we need, somewhere along the
line to build in a protection.
Mr. Dawkins: OK, the protection is competitive bidding.
Mr. Plummer: No problem at all with that.
Mr. Dawkins: And if you can't bid competitively, you shouldn't be in
business.
Mr. Plummer: Next item.
Mayor Suarez: We had left pending the issue of the amounts that they would
lose from the contracts, if delayed. Typically, the penalty is .1 percent, or
one -tenth of one percent, which in this case would be $440 a day and we have
negotiated $500 a day. That fits within our ordinance.
Mr. Gilchrist: I started by asking for more.
Mayor Suarez: If you want to make it higher in the future for bigger
contracts, or something, it's stated as a percentage. That's the way we've
done it.
Mrs. Kennedy: I think that for future contracts we definitely should, but not
on this one. But raise it for the future.
Mayor Suarez: We still have item 26 pending, then.
Mr. Plummer: Are you waiting on 26?
Mayor Suarez: Right.
Mr. Plummer: Mr. Mayor, I would move 26 as presented, with the proviso that
you go to that contractor and you explain to him what is the intent of this
Commission, that we want our local money to stay in the local area and that,
whenever possible, we want minority contractors involved...
Mr. Gilchrist: And you want them certified.
•89 July 23, 1987
Mr. Plummer: And we want them certified. You know, I would have liked to
have had that in the original R.F.P. where they would have had the ability to
deal with that from the beginning.
Mr. Gilchrist: We are requiring that they be certified.
Mr. Plummer: OK, they did not.
Mr. Dawkins: If 3-W is the minority member of this firm, then 3-W should, as
the minority, should demand that people in Dade County get on the job.
Mr. Plummer: And I agree.
Mr. Dawkins: Now, if 3-W is not the minority controlling partner, now is the
time for us to find out. You go tell 3-W to hire some local people.
Mr. Gilchrist: Yes, sir.
Mr. Dawkins: That's all, J.L.
Mr. Gilchrist: I believe their subcontractors are all local people and we are
requiring that they be certified.
Mr. Dawkins: And if Rooney is calling the shots, then we know 3-W is not the
minority holder of 51%.
Mr. Gilchrist: They hold 51 percent and, currently...
Mr. Dawkins: I say having 51 percent and calling the shots - let's see who
calls the shots. That's who's in charge.
Mr. Plummer: Fifty-one always calls the shots. I so move, Mr. Mayor, with
those stipulations.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mr. Carollo: Second.
Mayor Suarez: Seconded. Any further discussion? Call the roll on 26, with
those stipulations.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-725
A RESOLUTION ACCEPTING THE NEGOTIATED GUARANTEED
MAXIMUM COST IN THE PROPOSED AMOUNT OF $4,400,000 FROM
3-W CORPORATION, INC.,/FRANK J. ROONEY, INC., A JOINT
VENTURE, FOR THE CONSTRUCTION OF THE NORTH DISTRICT
POLICE SUBSTATION PROJECT, INCLUDING THE BASE BID AND
ALL ADDITIVE AND DEDUCTIVE ALTERNATIVES; WITH MONIES
THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS
ORDINANCE NO. 10187, PROJECT NO. 312007, IN THE AMOUNT
OF $4,400,000 TO COVER THE CONTRACT COST; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID
FIRM.
(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-
90 July 23, 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.
28. DISCUSSION CONCERNING POSSIBLE CHARTER AMENDMENT TO PROHIBIT CITY FUNDS
TO BE USED IN CONVENTIONS WHO BRING INTO MIAMI COMMUNIST GOVERNMENT
OFFICIALS
Mr. Carollo: I need to bring up an emergency item.
Mayor Suarez: Commissioner Carollo.
Mr. Carollo: I have been informed through our City Clerk that Mr. Leahy, from
the Elections Department, who is the gentleman that is in charge of verifying
signatures on petition drives when they are given to him, stated that it would
take him from 20-30 days minimum to verify signatures for the petition drive
that the Miami Citizens Committee is currently taking upon itself in
collecting signatures to prohibit the use of City funds for certain type of
people when they come to Miami, which means that if it's going to take the
Elections Department 20-30 days, minimum, to verify signatures, that means
that all 12,000-plus signatures have to be given to them in approximately
another three weeks or so. Miami Citizens Committee has no concerns in
getting the signatures. They do have a concern in being able to present them
in approximately three weeks so that it can be placed on the November ballot.
If that is the case, the Commission is going to be faced with the situation
that if this Commission cannot place this item on the ballot by our next
meeting on September 8th, and we will not be able to do that since Leahy's
office wouldn't have verified them in time for us to do that, once they're
verified, after that date, and it is presented to us, by law, we are going to
have to call a special election, a special election that is going to cost the
taxpayers in the City some additional monies.
Mr. Plummer: Hundred thousand.
Mr. Carollo: Well, approximately that, J.L. On one hand, any group of
citizens has the right, the absolute right to use the democratic process we
have to follow our laws and collect signatures for a petition drive, so they
can be placed on the ballot and the voters of Miami can decide if they want to
approve something or not to approve it. All that I am bringing up to the
Commission's attention is that it's going to be a very strong possibility that
what's going to happen is that this if Commission does not want to place this
on the ballot for an election, is that the Commission is going to be forced,
then, to place it on the ballot, anyway. The only difference would be that
it's going to have to be in a special election that's going to cost the
taxpayers approximately eighty, ninety, $100,000. If I may I'd like to ask
the chair to maybe hear from some of the members of Miami Citizens Committee
so that they could explain to the Commission their point of view on this.
Mayor Suarez: No, sir, not from me. The citizens have a right to seek
petitions. They do it in a timely fashion, and this item's not on the agenda,
and I'm not disposed to hear it. If the Commission wants to overrule me,
that's up to the Commission.
Mr. Carollo: Well, that's fine, Mr. Mayor. I'm just bringing up to your
attention what the situation is. If the majority of the Commission do not
want to hear that then I just don't want you to go crying later on to any of
the radio stations saying that here, because these people went and got
petitions, the citizens of Miami are going to have to spend $100,000 on a
special election.
Mr. Plummer: Madam City Attorney.
91 July 23, 1987
Mayor Suarez: That's my ruling. Madam City Attorney?
Mr. Plummer: Madam City Attorney, hearing what my colleague says and the time
frames involved, nobody up here, whether you voted for or against, wants to
spend the money for a special election. Now, there is a difference of opinion
as to that particular issue. If this matter is... Let's say that on
September 8th is our next Commission meeting. How much time prior to that has
Leahy got to have to validate those signatures?
Mr. Carollo: They've got to have it validated, J.L., before that date.
Mr. Plummer: Before that date?
Mr. Carollo: Yes, sir. And he says it's going to take him, minimum, 20-30
days.
Mr. Plummer: Joe, let me tell you what I don't understand. If, in fact, the
final day for qualifying of candidates is September 19th...
Mr. Carollo: Let me explain to you why, J.L. By ordinance...
Mr. Plummer: Wait a minute, that can't be right - that's a Saturday.
Mr. Carollo: ...the law requires that before any such petition is given to
the citizens for a vote they have to be informed of it publicly, in other
words for the Commission to approve it and so on, at least 60 days before an
election.
Mr. Dawkins: You know, I agree with that's said up here, but I must say,
again, I don't see the need of this. I've said it before and I'm going to say
it again. We had a straw ballot. The citizens of the City of Miami spoke
loud and clear. They said what they wanted done with their money and what
they did not want done with their money and not since that time can anybody
prove that any member of this Commission has violated that straw ballot or did
anything that that straw ballot asked us not to do. But, yet, every meeting
we meet - I'm not worried about anybody but me - is made to look as if I am
against voting not to spend money on Communist people. I have not spent a
penny. I will not spend a penny, and I don't see any need in us arousing the
community, having the community to come down here and voice their opinion on
something that they have already voted on that we are already doing.
Mr. Carollo: I respectfully respect my colleague's statements and while I
agree with parts of the statements that he made, may I point out that, number
one, the difference of what we're giving the people of Miami the opportunity
to vote upon it to implement into law as part of our Charter, not just to
voice their opinion as they did in '82. That's the difference. They're going
to implement this into law. The two basic differences are the following.
Here, we're limiting this to government officials from Communist countries,
and something that is also included in this that the citizens of Miami have
not ever been given the opportunity to vote upon, is their feelings, also, if
they want any of their City taxpayers' money spent on conferences or
conventions that are going to have government officials from countries who
practice a national policy of apartheid. Those are two very distinct areas
where the citizens will be able to voice their opinion through the ballot, the
democratic process that we have.
Mrs. Kennedy: I... Have you finished?
Mr. Carollo: Well, I'd just like to say that I respect the opinions of all my
colleagues, whether they agree or not with this, or whichever way they feel on
it. That's the democratic process and, thank God, that in democracies we can
all differ and have difference of opinions and have differences of opinions in
how we can go about things. All that I am saying is that whether this
Commission wants to place it on the ballot so that the citizens can decide if
they want it or not, and this doesn't mean that the Commission is in agreement
with any or all or none by placing it on the ballot. What I'm saying is that
if we don't, we are going to be faced with a special election down the road
that is going to cost us approximately $100,000.
Mrs. Kennedy: Let me just say, first of all, I don't know how many of us want
the special election, but I tend to agree that the majority does not. And all
I see this is another way to put one ethnic group against the other and one
way to further polarize our community.
92 July 23, 1987
0
Mr. Carollo: How can this put one group against the other, Commissioner?
Mrs. Kennedy: We have suffered a lot and we don't need this any more.
Mr. Carollo: How can this put one group against the other? Can you explain
that to one?
Mrs. Kennedy: Well, what 1 have seen... different groups...
Mr. Carollo: it might put The Miami Herald against the opinion of the
majority of the people in this community, but not one group against the other.
Mrs. Kennedy: The Miami Herald has nothing to do with this, Commissioner.
We're talking about ethnic groups in this community.
Mr. Carollo: OK, well explain it to me. You just made a statement. Now back
it up.
Mrs. Kennedy: Back it up? What they're saying in the radio stations. What
they're saying on the TV stations.
Mr. Carollo: What are they saying on the radio stations and the TV stations?
Since most of the radio stations and TV stations that we have, unfortunately,
in this community, now, in Spanish, which are the ones you are referring to,
are practising censorship. And some are owned by all the same people, in
violation of federal laws. So can you explain to me how it is going to
polarize the community, how it's going to pitch one ethnic group against the
other, when this is going to be something that if, in 1982, 76 percent of the
people voted for it, the way it's being made clear now, over 85 percent, if
not over 90 percent of this community would vote for it? I have personally
gone door to door myself and not once have I been turned down in people
signing this. All that I am trying to do is save the City's taxpayers some
money. That's all that I am trying to do but, my God, if we've got to spend
that kind of money so that the people of Miami can have their right to voice
their opinion, we're going to do it, but I just wanted you to know ahead of
time what the consequences are, and I don't want any of you throwing the
monkey on my back, or on any other people's back. You had the opportunity to
place it on the ballot where it's not going to cost anybody an additional
extra penny of taxpayers' money. If you decide you don't want to do that, and
that is your opinion, what you're looking down the line is that it's going to
cost the taxpayers money because of your decisions now.
Mr. Plummer: May I make a statement, Mr. Mayor?
Mayor Suarez: Anything further, Mr. Vice -Mayor?
Mr. Plummer: Very simply, in my eighteen years of sitting on this Commission,
I think I have only once or twice voted not to put something to a referendum
of the public and I did that because, simply, I did not understand the issue.
It was not clear, and if I couldn't understand it, I didn't think it was fair
to ask the public to vote on something that was not understood. I want to say
that I have always had a policy that any time a referendum question is to be
asked I have voted for it. We represent the people and I have no problem in
allowing the people to speak one way or the other on an issue and I think in
this particular case, yes, they had the opportunity to speak before. But,
unfortunately, if we need to do any one thing, it's to stop straw ballots and
make them all mandatory. I want you to know that I have no qualms whatsoever
of putting this issue to a ballot. It doesn't cost us anything. It costs us
nothing. And let the people who we represent speak to the issue and we will
be governed accordingly by whatever their decision is. And I agree with
Miller. Miller, you're right. There's not once that I remember that we have
violated that straw ballot. But, here again, what is the harm, in my
estimation, not speaking to this issue, but to any issue of letting the public
voice their opinion? I have no problem with that and I just want to put that
on the record.
Mr. Carollo: Again, I ask the chair, and if the majority of the members of
the Commission do not want to let them explain their feelings on this, you
have that right not to hear them but I ask the chair and the Commission if
they may so hear from some of the directors of the Miami Citizens' Committee
on this.
93 July 23, 1987
Mayor Suarez: No, sir. Moving on to the next item.
Mr. Carollo: OK, if I may, I'd like to present a resolution asking the
Commission if they would to be willing to listen to the citizens of Miami,
that are voters and taxpayers of Miami, on this particular item. And I so
move.
Mayor Suarez: So moved.
Mr. Plummer: I'm sorry, I got to tell you... Mr. Mayor, as much as... I've
got to second the motion. I've got to have the right to let people speak.
(INAUDIBLE BACKGROUND COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Pleasel
Mr. Plummer: Excuse me. I'll withdraw my second if you say one more word.
Now, I would say that we've let other people speak on a given issue and
there's no question the way the vote's going to go, OK? And I don't want to
make my colleagues look bad, but, damn, when people come here - and we've
always had a policy of letting people speak - and I don't know that they've
got anything more to say than what Joe has said.
Mr. Carollo: For the record...
Mr. Plummer: I'm sorry... I'm not sorry. I defend that right of people to
have the opportunity to speak. I second the motion.
Mr. Carollo: For the record, my only interest in this... I'm having fun and
I'm enjoying going out and collecting signatures, let me tell you.
Mr. Plummer: Joe, be careful. You might lose my second. Call the roll!
Mr. Carollo: But the only interest I have in this, in bringing it up to your
attention were for the reasons that I stated, that I don't want to see you
spending extra monies on a special election. Outside of that, I have none
other. So, there was a second. If there's no further discussion, can we call
the roll, Madam Clerk.
Mayor Suarez: We have a motion and a second. Any further discussion from
this Commission? And I want to say something to the Vice -Mayor. This vote
will make somebody look bad, but I'm not sure it's going to be your colleague,
sir.
Mr. Plummer: Well, Mr. Mayor, look, I wish the vote had not been forced to
the chair, all right? I mean, you know, there has always been - and maybe
I've been here 18 years - that there has always been that right to having the
opportunity for people to speak. We don't have to agree with them. We don't
have to agree with them. But to give somebody three minutes to speak, I just
say to you I'm not sorry, sir. I will defend that right.
Mayor Suarez: OK. Call the roll.
Upon being duly introduced by Commissioner Carollo and seconded by
Commissioner Plummer, the foregoing motion failed by the following vote -
AYES: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
NOES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
DURING ROLL CALL:
Mr. Carollo: Yes. You know, I think Sergio Pereira was right when he said
he... You just don't understand the process.
Mr. Plummer: I do not share those comments, but I vote yes.
0
94
July 23, 1987
Mrs. Kennedy: Because of the reasons stated before, we have a tremendously
large agenda and this was not scheduled, I'm going to vote no.
Mayor Suarez: Absolutely not.
------------------------------------------------------------------------
29. AUTHORIZE CITY TO JOIN LIMITED INTERLOCAL GOVERNMENTAL LOAN PROGRAM
Mayor Suarez: Item 27.
Mr. Carlos Garcia: Mr. Mayor and members of the City Commission, we are
recommending today that the Manager be authorized to execute a loan agreement
with the Sunshine State Governmental Financing Committee for the purpose of
borrowing $20,950,000 to finance the Dinner Key renovations in the amount of
$12,000,000, Bayfront Park in the amount of $4,350,000 and the Neighborhood
Parks Program, the amount $4,350,000.
Mrs. Kennedy: I move 27.
Mr. Plummer: Second.
Mayor Suarez: Item 27 has been moved and seconded. This gets us one step
further to actually issuing the bonds. We are not going to be issuing bonds.
Instead of that, we are going to be borrowing monies from the Sunshine
State...
Mayor Suarez: In other words, we are going to be participating in the pool,
but I mean...
Mr. Garcia: Yes, sir.
Mayor Suarez: Do we have any impediments after this resolution passes?
Mr. Garcia: We shouldn't have any.
Mayor Suarez: Call the roll.
Mr. Plummer: Excuse me, this is the one you spoke of the five percent money.
Mr. Garcia: Yes, sir, 5.125 percent. Yes, sir.
Mayor Suarez: Sounds good.
Mr. Plummer: Yes, that's excellent.
Mayor Suarez: Call the roll.
t
95 July 23, 1987
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 81-726
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA AUTHORIZING THE CITY TO JOIN A LIMITED
INTERLOCAL GOVERNMENTAL LOAN PROGRAM FOR THE PURPOSE
OF PROVIDING FUNDS TO FINANCE THE COST OF QUALIFYING
PROJECTS WITHIN THE CITY AND WITHIN OTHER GOVERNMENTAL
UNITS IN THE STATE OF FLORIDA; APPROVING THE FORM, AND
AUTHORIZING THE EXECUTION AND DELIVERY, OF AN
INTERLOCAL AGREEMENT WITH OTHER GOVERNMENTAL UNITS
THAT COMPRISE THE SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION; PROVIDING CERTAIN OTHER MATTERS
IN RELATION TO THE EXECUTION, DELIVERY AND PERFORMANCE
OF SUCH INTERLOCAL AGREEMENT; AUTHORIZING THE
NEGOTIATION OF ONE OR MORE LOANS IN AN AGGREGATE
AMOUNT NOT TO EXCEED $20,950,000 FROM THE SUNSHINE
STATE GOVERNMENTAL FINANCING COMMISSION; APPROVING THE
FORM, AND AUTHORIZING THE EXECUTION AND DELIVERY, OF A
LOAN AGREEMENT TO EVIDENCE THE CITY'S BORROWINGS FROM
THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION;
PROVIDING FOR PAYMENTS UNDER SUCH LOAN AGREEMENT,
INCLUDING INTEREST, FROM CERTAIN MONEYS HELD IN
CERTAIN FUNDS AND ACCOUNTS OF THE CITY AND FROM
AMOUNTS REQUIRED TO BE BUDGETED AND APPROPRIATED BY
THE CITY; AUTHORIZING APPROPRIATE OFFICERS OF THE CITY
TO TAKE SUCH INCIDENTAL ACTIONS AS SHALL BE NECESSARY
AND APPROPRIATE TO ACCOMPLISH THE BORROWINGS
AUTHORIZED HEREIN.
(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.
30. EMERGENCY PURCHASE OF ROLL -OFF CONTAINER/COMPACTOR UNITS AND GVW MACK CAB
AND CHASSIS TRUCKS FROM SOUTH FLORIDA MACK TRUCK'S INC.; REIMBURSE
BIDDERS WHO BID BUT WERE NOT CONSIDERED
Mayor Suarez: Item 28.
Mr. Dawkins: Move it.
Mr. Plummer: Now, hold on a minute. There's someone here that wants to speak
on this issue. Mr. Manager, I understand that there is a bid that is forty-
eight thousand, approximately, less than the recommended bid. Now, I want to
know... This company - it is like equipment, the bid specs call for 150-day
delivery - this company came in at 120 days, and they can speak for
themselves, yet they were denied the bid award based on the fact that another
company could come in quicker, but yet we have to them approximately $48,000
more. I got a problem if those facts are correct.
Mayor Suarez: And I share that concern.
Mr. Plummer: Then don't put out a bid.
96
July 23, 1987
Mayor Suarez: Why are we not going with the low bid?
Mr. Art Mullins: The low bids were opened after the decision was made by the
City Manager to exercise the emergency purchase procedures, based on
availability and the need...
Mayor Suarez: You lose faith if we go around doing that a lot, you know,
right before we get the bids.
Mr. Plummer: Why did you open the bids?
Mr. Mullins: The bids were advertised to be received and opened by the City
Clerk.
Mr. Plummer: Well, cancel them)
Mr. Dawkins: Why open them if we already purchased the equipment?
Mr. Plummer: Well, I tell you what I'm ready to do. I'm ready to reimburse
everybody who bid that got their bids open for no reason who spent their time,
energy in good faith, to reimburse them for any monies that they are out of
pocket for making that bid.
Mr. Dawkins: Second.
Mayor Suarez: I'm sorry, what was the motion?
Mr. Plummer: I haven't made it yet. I'm ready to make it. Somebody had
better come up and tell me something quick.
Mr. Mullins: Mr. Vice -Mayor, may I make another statement?
Mr. Plummer: Sure.
Mr. Mullins: The bids that we did receive, they were not even evaluated to
determine if they met the specifications or not. We felt good because the
earliest available delivery on these four bids that we received was 120 days.
Mr. Plummer: Your bids, your R.F.P., called for 150.
Mr. Mullins: No, sirl That is not a statement of fact.
Mr. Plummer: All right, then... You have the bids, sir?
Mr. Gregg Borgognoni: I don't have the bids, no. What I understand happened,
is...
Mr. Mullins: I've got the bids right here, Mr. Plummer.
Mr. Plummer: And how many days did it call for?
Mr. Mullins: It didn't call for - it asked the bidders to tell us...
Mr. Plummer: Sir, Mr. Mullins...
Mr. Mullins: ...the earliest delivery.
Mr. Plummer: Sir, if you are correct - I'm not here arguing with you. I have
not seen the bid.
Mr. Mullins: I've got them right here.
Mr. Plummer: I am telling you what one of the bidders told me, that it called
for delivery within 150 days. If it is not a correct statement, he's wrong.
I thank you, sir, good-bye, and let's award the bidl
Mr. Mullins: Thank you, Mr. Plummer.
Mr. Plummer: No, I'm saying that. Now, if he brings me proof, if he brings
me proof...
97 July 23, 1987
Mr. Mullins: May I show you right now?
Mr. Plummer: The monkey's on his back. OK? Let him speak. Go ahead.
Mr. Borgognoni: May I thank you - Greg Borgognoni, attorney with Finley
Kumble Wagner, 701 Brickell Avenue.
Mayor Suarez: Did you register?
Mr. Borgognoni: Yes, Mr. Mayor, here for Losada Truck & Equipment. The bids
were asked for and received, and our bid was the lowest bid. What happened is
the proposal is to award the bid to South Florida Mack Trucks - this is maybe
where the confusion is. Our delivery time was 120 days. Theirs, on that bid,
was 150 days, and I just found out about this yesterday, but my inquiry
revealed that what happened was the bids, then, were not analyzed and,
independently, a search was made for equipment that could be gotten very
quickly. I think the equipment that is being bought is, in fact, above the
specs in the bid. We would like for the bidding process to be followed and
whatever is going to be bought that we would have an opportunity to be the
seller of that equipment.
Mr. Plummer: Are you telling me that what your information is - and he's
saying he didn't evaluate the bids - I don't know how the hell you know you're
the low bidder.
Mr. Borgognoni: Well, we know we're the lowest price. They didn't analyze
them. There was one variance on the specs.
Mr. Plummer: Are you telling me that the bidder who was successful is going
to make delivery in one -fifty days and you offered to do it in one -twenty?
Mr. Borgognoni: I'm telling you that was the offer. I think that bidder,
now...
Mr. Mullins: No, sir!
Mr. Plummer: Excuse me, I want to hear his side. I'll listen to yours.
Mr. Borgognoni: The bid they received from South Florida Mack said 150 days.
I believe, since then, South Florida... The piece of paper I was given said
that.
(INAUDIBLE COMMENTS OFF MIKE NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Plummer: Would you answer My question, please!
Mr. Borgognoni: Sure.
Mayor Suarez: Wait, wait, wait, Mr. Manager. The Vice -Mayor has asked for
Mr. Borgognoni to finish his statement. Let him finish it, please. We'll
hear from both sides.
Mr. Plummer: I'll give you the right.
Mr. Borgognoni: The only information I have was given to me by the G.S.A. It
was a list, a summary of the bids and on "Time", by South Florida Mack Trucks,
it said "150 days", and ours was 120. That's my information as from what they
provided me. If that's wrong, that was the sheet that I received from G.S.A.
Mr. Plummer: Mr. Manager, a contrasting view.
Mr. Odio: What happened is, based on the exact specs that were put out, they
would take 150 days. When we told these truck manufacturers of the urgency of
having this equipment here now, they found two pieces of equipment that they
can deliver immediately.
Mr. Plummer: I guess the question really resolves down to this final
question. Did we act in the best interests of the City, based on the fact
that this bid which we are about to award is roughly $48,000 more money than
the low bid
Mr. Odio: Yes, sir.
98 July 23, 1987
Mr. Plummer: I pant to hear somebody justify that.
Mr. Odio: I'll let Bob Clark justify it.
Mr. Robert Clark: There's clarification, Commissioner, Vice -Mayor Plummer.
The bid that you are about to award is not being presented to you for award.
The City Manager, after the meeting of June 11, began scurrying around to get
two pieces of equipment on board. He was able to obtain two units and issued
his purchase order. It is now before you, based on the memorandum delivered
to you earlier this week, that it is a ratification of the finding of the City
Manager that this purchase should be...
Mr. Plummer: Mr. Clark, you did not speak to my question. My question is to
the Manager - and it's not a legal question. Did we act, we, the City
Administration, in the best interests in this City...
Mr. Odio: Yes, sir.
Mr. Plummer: ...paying $48,000 more than what we had to?
Mr. Odio: Yes, sir.
Mr. Plummer: Based on what?
Mr. Odio: Based on that if we don't have this equipment operating as soon as
possible - last week - we would not deliver services to Bayside. We can no
longer delay Bayside or the Rouse company from signing...
Mr. Dawkins: The Manager...
Mr. Plummer: Excuse me, Miller, let me finish on this train of thought. Mr.
Manager, did you give that same opportunity to the other bidders?
Mr. Mullins: No, sir, we did not, because we didn't have to, Mr. Plummer.
Mr. Plummer: You - Mr. Mullins...
Mr. Mullins: Please...
Mr. Plummer: Go ahead, I'll wait for you, sir.
Mr. Mullins: We did not have an opportunity to give this consideration to the
other bidders because this decision was made based on this more expensive
equipment being available within a matter of weeks. As a matter of fact, the
purchase order is already issued. The equipment will be delivered, starting
Tuesday, and now that I have had an opportunity to look at these bids, in all
probability, this low bid would not have been considered a bid because it
deviates from the specifications.
Mr. Plummer: Did you offer the same opportunity to the other bidders to
produce the equipment in that same amount of time?
Mr. Mullins: Mr. Plummer, we didn't even know about the other bidder.
They're not listed...
Mr. Plummer: How did you know about the one?
Mr. Mullins: We found it... by exploration. In the Yellow Pages of the
telephone directory, for instance, Losada is not listed under garbage or trash
equipment. South Florida Mack Trucks is and so is Peterville.
Mr. Plummer: Mr. Mullins, sir, I will only give you my opinion. You're an
honorable man, but I am telling you I cannot sit here with comfort knowing
that we have paid $48,000 more than what we needed to pay. In my estimation,
to open bids after the equipment has been purchased, number one, is wrong.
Number two, that if the emergency existed that you should have given the right
to every bidder to try and produce within the same time frame I'm saying to
you that if we are going to have, or continue to have, credibility in the City
of Miami's bidding procedure, you cannot continue to operate in that vein.
Because, I'll tell you something, every bidder in this City will tell you to
go to hell, because it gives every indication that games are being played.
99 July 23, 1987
This man's bid - and 1 don't know this gentleman; he walked into my office a
half-hour ago. I don't know him from Adam's house. I don't even know his
company's name, and it's immaterial, but if we are going to continue to pay 30
percent more than a low bid - and I accept your premise that it was like
equipment. I accept that - or not accept that. But when you don't go by the
rules of bidding procedure, I'm telling you we're going to be in serious
trouble.
Mr. Mullins: Commissioner Plummer, I'd like to reply to that.
Mr. Plummer: Please do.
Mr. Mullins: You say you don't know this gentleman, but you've known me for
more than the 12 years that I've been with this City and I don't think my
Integrity, nor my professional ability, has ever been questioned.
Mr. Plummer: And it is not now.
Mayor Suarez: And there's no factual contradiction between what you said and
Greg.
Mr. Odio: Besides, it is my responsibility, and I tell you, Commissioner, you
are asking about the difference of the $48,000.
Mr. Plummer: Yes, sir.
Mr. Odio: It's a better truck. It carries more tonnage, and the more tonnage
you carry per truck, the more money you save in labor.
Mayor Suarez: But both of them meet the specs and one is lower, that's the
problem.
Mr. Plummer: You put out an R.F.P. Did this company meet the R.F.P.? That's
the question.
Mr. Borgognoni: Commissioner, the bids have never been analyzed. They say
there's one variance in the specifications we'd argue is insubstantial, but
they've never been analyzed. We were the lowest in price.
Mr. Plummer: Well, I'm just saying to you that it leads one to believe, in
the credibility of the bidding procedure. You know, I just got to tell you
that. Forget about the specs. Forget about everything. When you sit here
and tell me that you opened the bids after you purchased the equipment, that,
within itself, is a credibility factor.
Mr. Mullins: But, Commissioner Plummer, we didn't open the bids based on what
the requirement was. We purchased the equipment.
Mr. Plummer: Prior to opening the bids.
Mr. Mullins: Prior to opening the bids because of availability.
Mr. Plummer: Exactly my point.
Mr. Odio: You're dealing with garbage and trash that needs to be picked up.
Mrs. Kennedy: (OFF MIKE) So what are you doing?
Mr. Plummer: (OFF MIKE) They've already bought it. What do you mean, what
are we going to do? Unless we're going to park the two trucks in Cesar's
yard!
Mayor Suarez: Are you trying to say that there's nothing viable for this
Commission to do by which we could accept the low bid, now?
Mr. Mullins: No, sir, the purchase order has been placed.
Mr. Plummer: It's already been bought.
Mr. Mullins: And the equipment has been fabricated and will be delivered, the
first unit, his coming Tuesday.
100 July 23, 1987
Mayor Suarez: Got any suggestions, Counselor?
Mr. Borgognoni: I didn't know that. I'm at a loss. From reading the agenda
item, I didn't know it had already been purchased.
Mr. Plummer: Let me ask a question. How many bidders were there besides the
so-called successful bidder?
Mr. Odio: Three.
Mr. Mullins: The successful bidder was not a successful bidder. South
Florida Mack Trucks bid because we sent him an invitation to bid and he bid
$95,000 compared to this bid of $74,000 and he also showed a delivery,
according to our exact specifications, of 150 days. But, nevertheless,
available equipment was found and, based on the predetermined need, the City
Manager approved the emergency purchase.
Mayor Suarez: Got any suggestions?
Mr. Borgognoni: I defer to the City Attorney. I don't know what can be done.
I had no idea it had already been purchased, and I don't know what the status
of whatever contract there is between the City and South Florida Mack is.
Mr. Plummer: The words of wisdom from Robert Clarkt
Mr. Clark: I think it's an accomplished fact that the equipment has been
purchased. It was purchased based on the availability of the two units that
they had. It was not based on this entire bid procedure. I think our bid
procedure is still intact and still has credibility and integrity.
Mayor Suarez: Well, we've not formally violated it, is what you're saying.
We haven't really...
Mr. Clark: That is correct. There was no hanky-panky. It was simply a
case...
Mayor Suarez: As a matter of policy, it's hardly a credible way of doing
business, though, at least from my perspective. And I've heard the Vice -Mayor
say the same thing.
Mr. Plummer: Well, then, let me tell you something. As Father Gibson says, I
speak the King's English. Finding of the City Manager the requirements for
the formal competitive sealed bids be waived. Be waived! But yet they had
other bidders. As far as I'm concerned, I'll tell you where I am. I think
we've got to award it. They've been ordered and I want to reimburse the other
three companies for whatever out-of-pocket expenses they've incurred by
bidding which were, in effect, for naught. They wasted their time, and, my
apologies.
Mr. Odio: You're right in that sense, and I apologize to them, but we did
have an emergency...
Mrs. Kennedy: Incredible!
Mr. Odio: ...I did check it with the Law Department, that it did qualify
under the emergency procedures, we need to service Bayside. The trash and
garbage will not wait for his delivery dates or anybody else's delivery dates,
and I believe we acted correctly and I stand with that.
Mr. Plummer: Mr. Mayor, my motion is to approve 28 as presented with
reimbursing the other three bidders of reasonable costs, determined by the
City Attorney, for their time and efforts that they put in on bidding. I so
move.
Mr. Carollo: Excuse me...
Mayor Suarez: Moved and seconded. Commissioner Carollo.
Mr. Carollo: I know Mr. Fannotto was not on the agenda but he is still a
resident of this City and he would like to say a few words.
Mayor Suarez: You'd like to address this issue, Erny? Go ahead.
101 July 23, 1987
Mr. Erny Fannotto: Yes. Erny Fannotto, my name...
Mr. Carollo: Erny, excuse me. See, you got powerl The group before, they
didn't let talk. They let you talk, so you've got some pull.
Mr. Fannotto: No, I think it's in the interests of the City and money is
money. Erny Fannotto is my name and I'm President of the Taxpayers' League of
Miami and Dade County. I think if you don't go through with this bid, you are
losing the incredibility of future contracts. And, Mr. Manager, this is
another emergency! You remember the emergency when you bought $17,000,000 of
police equipment without bids, and you turned around, and what did you say?
It was an emergency. Well, two emergencies is just one too manyl
Mr. Plummer: Thank you, Erny.
Mayor Suarez: Thank you Erny. OK, we have a motion and a second. Any
further discussion? Call the roll.
Mr. Carollo: Can we go over the motion that is on the floor?
Mayor Suarez: Mr. Vice -Mayor, would you repeat the motion.
Mr. Plummer: The motion is to approve 28, reimbursing the three companies who
bid for whatever their time and effort of reasonable reimbursement, to be
determined by the City Attorney.
Mrs. Kennedy: Let me just say under discussion that I was in my office when
this was first brought up and I don't know if I would have voted for the
motion because, with a tight budget, to go into what seems like a speculative
venture, I don't think is what I would have voted for, but I guess it's too
late now and totally irrelevant.
Ms. Hirai: I need a second.
Mr. Dawkins: Under discussion. I voted for the motion and the reason I voted
for the motion was that we are trying to make the Sanitation Department
capable of paying for itself and, at that time, we needed two pieces of
equipment in order to get the contract of collecting garbage at Bayside, in
order to keep another company from getting it. That does not, in any way, go
as an excuse for having spent $48,000, but, at that time, we needed the
equipment and, somewhere along the lines, we spent $48,000 that we shouldn't
have spent, but that was the reason for doing it.
Mrs. Kennedy: Call the roll.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-727
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION, THE EMERGENCY FINDING OF THE CITY MANAGER;
WAVING THE REQUIREMENTS FOR FORMAL COMPETITIVE SEALED
BIDS AND RATIFYING THE EMERGENCY PURCHASE OF TWO (2)
ROLL -OFF CONTAINER/COMPACTOR UNITS AND TWO (2) 50,000
GVW MACK CAB AND CHASSIS TRUCKS EACH WITH A MOUNTED
60,000 POUNDS HOIST FROM SOUTH FLORIDA MACK TRUCK'S,
INC. FOR THE GENERAL SERVICES ADMINISTRATION
DEPARTMENT IN THE AMOUNT OF $196,988.00; ALLOCATING
FUNDS THEREFOR FROM THE POLLUTION CONTROL GENERAL
OBLIGATION BONDS, SOLID WASTE COLLECTION EQUIPMENT
ACQUISITION ACCOUNT NO. 353001-840.
(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-
102 July 23, 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.
DURING ROLL CALL:
Mayor Suarez: Yes, reluctantly.
31. EMPLOY CANNON, STIERHEIM, BUSUTIL TO IMPLEMENT FLEET MANAGEMENT DIRECT
COST ALLOCATION SYSTEM TO ANALYZE INVENTORY CONTROL PROCEDURES AND
INITIATE DESIGN OF CITYWIDE EMPLOYEE SUGGESTION PROGRAM
Mr. Plummer: I move 29.
Mr. Dawkins: Twenty-nine - second.
Mayor Suarez: Moved and seconded, item 29.
Mr. Carollo: I vote yes.
Mayor Suarez: Any discussion on that resolution? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-728
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EMPLOY
THE PROFESSIONAL CONSULTANT SERVICES OF CANNON
STIERHEIM BUSUTIL TO IMPLEMENT A FLEET MANAGEMENT
DIRECT COST ALLOCATION SYSTEM; TO ANALYZE INVENTORY
CONTROL PROCEDURES FOR FLEET MANAGEMENT; AND TO
INITIATE THE DESIGN OF A CITYWIDE EMPLOYEE SUGGESTION
PROGRAM; ALLOCATING AN AMOUNT NOT TO EXCEED $24,192
THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNT FUNDS AND
$7,224 FROM THE CITY MANAGER'S OFFICE OPERATING
BUDGET, SAID FEE TO BE REIMBURSED TO CITY IF THESE
PROFESSIONAL SERVICES DO NOT IDENTIFY SAVINGS OR
REVENUE OPPORTUNITIES WHICH EXCEED THE FEE DURING THE
FIRST FULL YEAR OF IMPLEMENTATION.
(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
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
103 July 23, 1987
32. APPROVE AND ADOPT THE ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING
FOR FY 187-88
------------------------------------------------------------------------------
Mr. Dawkins: I move Roger Carlton's 30.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: Excuse me, I need to ask a question. Of the monies that the
$500,000 which the Off -Street Parking so graciously volunteered...
Mr. Roger Carlton: Yes, sir.
Mr. Plummer: Graciouslyl Mr. Manager, would you give me, if you could, a
quick breakdown of where those dollars are going. There was two hundred
thousand dedicated to social agencies, I remember that. There was monies for
the Puerto Rican clinic. Were there not monies in there for CAMACOL?
UNIDENTIFIED SPEAKER: (OFF MIKE) No, sir.
Mr. Plummer: Where was the monies from...?
Mr. Odio: (OFF MIKE) (INAUDIBLE)
Mrs. Kennedy: It's a line item of the budget.
Mr. Plummer: Of the regular budget?
Mr. Odio: Of the regular general fund budget in the Department of Development
and they are there, now, again for next year.
Mr. Plummer: OK, fine, thank you, sir. Is that the way Mr. Sabines
understood it?
Mr. Odio: He knows. I told him in Spanish.
Mr. Plummer: You told him in Spanish?
Mr. Odio: Yes, sir.
Mr. Plummer: Did you tell him in Chinese and in Greek and in...
Mr. Roger Carlton: I told him in dinero.
Mrs. Kennedy: I think it loses in the translation.
Mayor Suarez: What item are you here on, Luis?
Mr. Luis (OFF MIKE) Seventy-one -
Mayor Suarez: What is the item?
Mr. Luis . (OFF MIKE) That's for the Small Business Opportunity
Centers. I mean, off-street parking allocations for the Trade Center.
Mr. Plummer: What item are you here on?
Mr. Luis Seventy-one, sir.
Mayor Suarez: I know you've got a pressing matter to attend to. What is it
that you're here on - is it something controversial?
Mrs. Kennedy: Small Business Opportunity Center. Do you want to take that
now?
Mr. Plummer: No, they can wait a minute.
104 July 23, 1987
Mayor Suarez: We'll take you up in a little while. Roger, are you going to
do as you promised and get together with the Rouse Company and the City and
review the kinds of incentive plans that could be put together for Bayside and
consider...? I was just thinking, after we talked, that during weekday
evenings, a reduction in the rates would really [Hake some sense to just create
the atmosphere that people can go there and they don't have to - they won't
be competing with downtown traffic anyhow. I know that it's not strictly
within your bailiwick, but I want to make sure that we have the assurance that
you will be considering all those possibilities, including the possible
reduction of $5.00 maximum for the Bayside parking garage.
Mr. Plummer: From this budget? That's what I wanted to know. And it's
there.
Mr. Carlton: Mr. Mayor, for the record...
Mayor Suarez: At least on a six month basis. We can always go back and...
Mr. Plummer: From the five hundred. OK, then I was correct. It's fifty
thousand from that money.
Mrs. Kennedy: Oh, I see.
Mr. Carlton: For the record, since we'd talked Wednesday, I've reviewed the
legal level of clout of the City Manager in setting those rates and it is more
than I thought. He does...
Mayor Suarez: Now that you're in the private sector, your memory is also
fading. We talked on Tuesday, not Wednesday.
Mr. Carlton: And let me give you - let me give you - Tuesday, excuse me - let
me give you a commitment for the record. That before I do leave that Cesar
and I and Lee Goldfarb will get together...
Mayor Suarez: That's for the benefit of your staff because they worship you
ove: there so I wanted them to know that every once in a while you do misstate
something.
Mr. Carlton: ... and we will give you and the whole Commission a full report
on what those options are.
Mr. Dawkins: OK and anything that you do after you leave here, do just like
everybody else, come back on a consultancy.
Mayor Suarez: How did you happen to guess? OK, anything else on the budget?
You have increased only one parking garage, right? And...
Mr. Carlton: There's a number of budgets there, the basic Department of Off -
Street Parking budget which is number thirty has no rate adjustments involved.
Mayor Suarez: OK, that's the overall budget...
Mr. Carlton: Yes, sir.
Mayor Suarez: All right, but there - one of these items has a - just the one
parking garage has been increased, it's the one that...
INAUDIBLE RESPONSE NOT IN THE PUBLIC RECORD.
Mayor Suarez: ... right in front of our...
Mr. Plummer: Yes, well I've got a problem with 32, but we'll address 30 and
31 real quick like.
Mayor Suarez: OK. On item 30 we have a motion and a second?
Mr. Dawkins: Yes.
Mayor Suarez: Any further discussion? Call the roll.
105 July 23, 1987
•
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-729
A RESOLUTION APPROVING AND ADOPTING THE ANNUAL BUDGET
OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL
YEAR COMMENCING OCTOBER 1, 1987 AND ENDING SEPTEMBER
30, 1988 IN THE AMOUNT OF $5,426,280, AS ATTACHED, TO
PROVIDE FOR THE OPERATION OF THE ENTIRE DEPARTMENT OF
OFF-STREET PARKING, EXCLUDING DEPRECIATION AND OTHER
NON -OPERATING EXPENSES OF $2,477,055 RECOGNIZING THAT
SAID BUDGET HAS BEEN FORMULATED TO MEET ONLY EXISTING
COMMITMENTS WITH NO RATE ADJUSTMENTS WHILE PROVIDING A
TRANSFER OF SURPLUS FUNDS IN THE AMOUNT OF $500,000 AS
WELL AS OTHER MONIES TO 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.
33. APPROVE AND ADOPT ANNUAL BUDGET OF GUSMAN CENTER AND OLYMPIA BUILDING
-------------------------------------
Mayor Suarez: Item 31.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Hold it, hold it - oh, that's operation, that's not the...
Mayor Suarez: That's the Gusman Center, it's a separate...
Mr. Dawkins: That's not the...
Mr. Carlton: Flagler landmark.
Mr. Dawkins: ... renovation - that's not the renovation.
Mr. Carlton: No, sir, that's later on the agenda.
Mr. Dawkins: OK.
Mayor Suarez: Item 31 has been moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Call the roll on 31.
106 July 23, 1987
The following resolution WAS introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-130
A RESOLUTION APPROVING AND ADOPTING THE ANNUAL BUDGET
OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL
YEAR COMMENCING OCTOBER 1, 1987 AND ENDING SEPTEMBER
30, 1988 IN THE AMOUNT OF $834,656, AS ATTACHED, TO
PROVIDE FOR THE OPERATION OF GUSMAN CENTER FOR THE
PERFORMING ARTS AND THE OLYMPIA BUILDING, EXCLUDING
DEPRECIATION.
(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 0
NOES: None.
ABSENT: None.
34. APPROVE AND ADOPT ANNUAL BUDGET OF DOWNTOWN GOVERNMENT CENTER GARAGE
Mayor Suarez: Item 32 is the downtown Government Center garage.
Mr. Plummer: Now, I got a pro... 32, how much City subsidy is going into that
thing?
Mr. Carlton: About 1 point, 1.3 million.
Mr. Plummer: All right now. When are we going to stop this bleeding? That
parking garage was never lived up to by Metro which they promised. Now, how
long are we going to continue to pay this damn subsidy in a building that can
never make it because they built another building in competition? Somewhere
to continue paying a million two a year in subsidy is absolutely crazy.
Mr. Carlton: Oh, yes. Mr. Commissioner, I believe that as that garage is
more and more utilized and we have now over a thousand monthly customers and
as the rates are moved up because of demand that eventually...
Mr. Plummer: Yes, what's eventually? Twenty years?
Mr. Carlton: It could be ten years, I'm serious.
Mr. Plummer: That's 10 million dollars, that's 12 million dollars.
Mr. Carlton: To go back, very briefly in the history, the tripartite
agreement that you referred to is between the City, the County and the State.
Mr. Plummer: Whatever the agreement is, it was not lived up to.
Mr. Carlton: It was not lived up to by two entities. The County built its
_ garage because it was required also to build a garage. What the problem was
that while the City was - agreed to build this garage, the agreement never
said that the State would take the spaces.
Mr. Plummer: Roger, all of that is rhetoric. Mr. Manager.
Mr. Odio (Off mike): Yes, sir.
107 July 23, 1987
Mr. Plummer: It would seem like to me, that if you had a million two less of
subsidy to pay, you'd have a hell of a lot easier time with your budget.
Mr. Odio: Yes, sir.
Mr. Carlton: Sure.
Mr. Plummer: Now, a prudent businessman would never, every continue to have a
million two loss a year and not be screaming, hollering and just going out of
his orbit.
Mr. Odio: But we are - look, Commissioner, let me brief you.
Mr. Plummer: Look, let me tell you, we spoke to this issue before. I think
what we need to do, we either need to offer it for sale to the general public
and let - hopefully, somebody will buy it. We also one time talked about of
using it - you're not listening to me.
Mr. Dawkins: Commissioner Kennedy move to make a day care center out of it
and I second.
Mr. Plummer: Well, that's part of it and I have no objection to that part of
the retail area.
Mr. Carollo: I make a substitute motion. We'll make a basketball court out
of it.
Mr. Plummer: Wait a minute. Whoa guys, guys; can I finish? All right?
Mr. Carlton: Commissioner Plummer, Commissioner.
Mr. Plummer: I still would like to explore - Chief Dickson, how much problems
are you having right now with the storage of cars? A hell of a problem. Am I
clarified? You wouldn't say hell but I did. Now, why can't we use that
building to store the cars that we have no - it has great security. This
Mickey Mouse thing that they're trying to keep together over there under the
expressway, they're constantly got a problem with. With the television and
stolen cars and stolen parts. What I'm saying to you is, that if you got a
thousand cars that the City is taking and storing which we're getting paid
for, why aren't you doing that in the garage?
Mr. Carlton: Commissioner, we've not only - we're in the process of
negotiating that. We're in the process of negotiating the way to close down
the dust bowl which is the parking lot that just existed. The real answer
here is for a way to negotiate a settlement with Dade County and the State of
Florida, and...
Mr. Plummer: You're not going to get it. You're going to continue to pay the
million two. You're going to be in court for ever and a day.
Mr. Carlton: I don't think it has to be done in court.
Mr. Plummer: Let's do something about it.
Mr. Carlton: The real...
Mr. Plummer: I'm tired of paying subsidies.
Mr. Carlton: All I can say, Commissioner, is that in the four years that it's
been open, we have progressively cut that down by an average of a hundred
thousand a year.
Mr. Plummer: Roger...
Mr. Carlton: It's still too high.
Mr. Plummer: Roger, it is ridiculous. Now, Mr. Manager, why - you know, we've
been talking about this now for six months. Six months of a million and two
is seven - $600,000 that by talking we have lost the taxpayers' dollars of
another $600,000. When I guarantee you, had you done what this Commission -
I'm sorry, what we suggested of putting - using it for the storage of
automobiles confiscated, I guarantee you wouldn't have had any subsidy because
there, you get what? Ten dollars a day?
108 July 23, 1987
Mr. Carlton: 1 see...
Mr. Plumme.: How much do you get for the storage of a car?
Mr. Carlton: Well, right now, we're working with the Police Department to set
that up as an enterprise fund.
Mr. Plummer: Roger, you've been working for six months!
Mr. Carlton: Oh. 'What do - I'm sorry, excuse me.
Mr. Plummer: What do you charge for the storage of a car? Isn't it $10 a
day? About $10 a day. If you had half or 80 percent of that garage, would
that no more than break it even?
Mr. Carlton: Assuming that that money is collected when those cars are picked
up by insurance or drug dealers or whatever. The fact that it's charged does
not mean it turns to cash, sir. That's what we need to understand here.
Mr. Plummer: Does not the storage of automobiles today turn a profit for the
little bit of space we have?
Mr. Carlton: I'm not sure of that, I'd...
Mr. Plummer: Ask the Police Department. Chief, on the storage of automobiles
presently under the expressway, doesn't even though it whatever, doesn't it
turn a profit?
Chief Clarence Dickson (Off mike): Yes.
Mr. Plummer: Exactly. Nov, I cannot...
Mayor Suarez: Well, the money comes in but we don't necessarily know how much
it would cost if we had to pay for that which is what you're getting at.
Mr. Plummer: Well, Mr. Mayor, I just...
Mayor Suarez: But in this case, we have the building there. I don't...
Mr. Plummer: How much longer are we going to wait?
Mr. Carlton: I have no problem with sitting with the Chief and starting that
next week. As long as we have the space to do it. And we don't lose other
revenue.
Mr. Plummer: You're getting $10 a day.
Mayor Suarez: Build it in that they try it.
Mr. Plummer: Mr. Manager, I would ask you, sir, to implement this program
because I was told before now and let's get on the record clear, that it can
be done with wrecker services. That they can get in under these clearances.
They can put those cars in there. I think you got excellent security in
there, OK? What you don't presently have now and I would ask the Manager
within the next two weeks to implement that to start towing cars in there.
Start at the roof and come down.
Mr. Odio: Also, exploring the possibility of building office space there. So
that we...
Mr. Plummer: Mr. Manager, I like the idea of Rosario's idea of day care in
the retail space.
Mr. Odio: And that too.
Mr. Plummer: I think it's worthwhile considering and before you do anything
else, I would want to discount the day care centers. I would want them there
first. You come back and make an absolute recommendation. Justifiably, I
would listen to something else.
109 July 23, 1987
Mrs. Kennedy: I was just going to ask Roger what have you come up with
anything since you and I spoke on putting a day care center there?
Mr. Plummer: If you start making some money with the damn facility instead of
paying out a million two, you can put all the day care centers there.
Mrs. Kennedy: Of course.
Mr. Carlton: On the subject of the day care center, we were looking with the
City GSA people to find a way to build out those first two floors...
Mrs. Kennedy: Right.
Mr. Carlton: ... for various offices, computer center or whatever.
Mr. Plummer: What are we paying for day care now total? About five hundred
thousand?
Mr. Carlton: I believe, though, that that's not the current direction of the
administration so we really need to...
Mrs. Kennedy: Well, we're telling the administration that this is the current
direction now.
Mr. Plummer: Well, let me put it this way to you. Rosario, I'll talk in your
terms and your language. We spend right now, $500,000 a year for day care
centers.
Mrs. Kennedy: Um humm.
Mr. Plummer: If we could take that subsidy which is absolutely lost, we could
triple the day care centers we have right now. Now this is - this, I just
can't let it go any further. Mr. Manager, I want to put the monkey on your
back. If you cannot implement this program within two weeks, I want a memo of
justification why you can't.
Mayor Suarez: You're talking about the one having to do with the wrecked
cars, right, the cars...
Mr. Plummer: I'm telling the storage by the Police Department of automobiles.
Now let me tell you what you're doing. You have, if you're not aware, and I'm
sure policemen come to you. You got a war going on between the Police
Department right now and the Off -Street Parking Authority who want to charge
the policemen meter rates for parking their private vehicles during their tour
of duty.
Mr. Carlton: Not true.
Mr. Plummer: You're going - is that been resolved?
Mr. Carlton: I'm sorry, sir, that is absolutely not true.
Mr. Plummer: Was it re - was there not a war?
Mr. Carlton: For one hour. And the Chief and I settled that one real quick.
Mr. Plummer: Well, let me tell you something. A hell of a lot of phone calls
came in in that one hour to me. Now, Chief, can we use those lots underneath
the expressway for the vehicle parking of the Police Department?
Mr. Carlton: Sure.
Mr. Plummer: Without Roger getting his piece of the action?
Chief Dickson (Off mike): Yes, we certainly can.
Mr. Plummer: OK. So what you're doing, it's a double edged sword. You're
getting a better facility for the storage of vehicles and you're freeing up
vehicle parking for the private vehicles of the policemen while they're on
duty. But for God's sakes, don't come back here with another subsidy. Now, I
also want to talk next to the Knight Center.
110 July 23, 1987
Mr. Carlton: Can we - this is an operational budget that we need just to
operate.
Mr. Plummer: Hey, pass the fee, but I want to tell you at this point, that
fee does not equate under normal circumstances to $10 a day. Which is the
storage of a car. I'll move 31 with the instructions of the Manager having
two weeks to implement the program.
Mrs. Kennedy: Thirty-two.
Mr. Plummer: Thirty-two, I'm sorry.
Mayor Suarez: Thirty-two has been moved with that...
Mrs. Kennedy: Second.
Mayor Suarez: ... proviso. Seconded. Any discussion? Call the roll on 32.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-731
A RESOLUTION APPROVING AND ADOPTING THE ANNUAL BUDGET
OF THE DOWNTOWN GOVERNMENT CENTER GARAGE FOR THE
FISCAL YEAR COMMENCING OCTOBER 1, 1987 AND ENDING
SEPTEMBER 30, 1988 IN THE AMOUNT OF $361,333, AS
ATTACHED, TO PROVIDE FOR THE OPERATION OF THE DOWNTOWN
GOVERNMENT CENTER GARAGE.
(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.
35. FIRST READING ORDINANCE: ESTABLISH NEW MONTHLY RATE AT MUNICIPAL PARKING
GARAGE NO. 5
Mayor Suarez: Item 33. It's gone up from what? Forty to fifty?
Mr. Carlton: Yes, sir, this is the first reading of the ordinance. The
second will be in September.
Mr. Plummer: Which one is this?
Mrs. Kennedy: Thirty-three.
Mr. Dawkins: Thirty-three, J.
Mr. Carlton: This is...
Mr. Plummer: No, no. What garage?
Mayor Suarez: The one that is right...
Mr. Carlton: The same one we just talked about. Garage five.
ill July 23, 1987
Mrs. Kennedy: Number five.
Mr. Dawkins: Which one is that?
Mr. Carlton: Garage five, this is the Government Center garage
right near the Police Department.
Mr. Plummer: What is proposed as the all day fee?
Mr. Carlton: The - for one day's parking?
Mr. Plummer: Yes.
Mr. Carlton: Let me check that - I believe it's $3.00.
The one
Mr. Plummer: Three dollars and here you've got the opportunity to collect
ten.
Mr. Carlton: The key is filling empty spaces. And that's...
Mr. Plummer: You bet - no, the key is filling up empty spaces at the highest
and best rate.
Mr. Carlton: Yes, sir. We will meet with the Chief and we'll have something
in two weeks for sure. No question.
Mrs. Kennedy: Roger, with the increase, it still has the lowest rate of all
the parking garages downtown, correct?
Mr. Carlton: Yes, ma'am, that's true.
Mayor Suarez: I could have sworn you told me that it was almost full just on
monthly parking.
Mr. Carlton: This is one of the nice parts about the parking business. We
are over a thousand monthly customers paying, but on any given day, 20 percent
of them are not there. So we have that space available for short term or for
uses like we just discussed with the police.
Mr. Plummer: How many cars will that garage hold, total?
Mr. Carlton: One thousand, one hundred.
Mr. Plummer: So, what you're telling me is, you only have a hundred spaces
available?
Mr. Carlton: No, sir, we have sold over a thousand are being paid now $50 a
month if this is approved. But, on any given date, 200 of those people are
out on vacation or what ever. So...
Mr. Plummer: But the storage of vehicles are on a permanent basis.
Mr. Carlton: We could - I would predict that we can store 150 vehicles in
there up on the roof.
Mr. Plummer: Absolutely not. Absolute not. I'm sorry.
Mr. Carlton: Well, I don't understand, sir.
Mr. Plummer: Hey, well, I'll tell you what you don't understand. You're
talking about a monthly fee of $1.50 a day roughly; $1.75 a day.
Mr. Carlton: Commissioner, you really need to ask the Police Department what
the total annual revenue is from that vehicle storage program. It's nothing
like what you think it is, sir.
Mr. Plummer: I'm thinking of $10 a day.
Mr. Carlton: Yes, but I don't think it's $50,000 a year.
Mr. Plummer: Yes, well, wait a minute now, whoa. You know one of the
reasons? They don't have adequate space. They have to - every time a
112 July 23, 1987
policeman today goes to tow a car, he has to call and find out if there's
space available. And normally they only make space available if they're going
to print the car at the station. If not, they take it to a private yard and
he makes the $10 a day.
Officer Joseph Longueira (Off mike): Dallas PD makes like 2 million a year.
Mr. Plummer: How much?
Officer Longueira (Off mike): Dallas PD, 1 believe, makes like $2,000,000 a
year.
Mr. Plummer: Would you put that on the record so that some people don't think
I'm so crazy.
Officer Joseph Longueira: Dallas Police Department. They're a lot larger
city and department...
Mr. Plummer: I understand.
Officer Longueira: ... makes about $2,000,000 a year.
Mr. Plummer: About 2 million; that's plus. Not subsidy. Rest my case.
Mr. Carlton: There's no question, Commissioner, that if we can make more on
the storage of vehicles, control that program between us and the Police
Department, turn that into cash revenue, that that's a lot more money than
$3.00 a day per car.
Mr. Plummer: Rog...
Mr. Carlton: Let us look at that. We'll get you a memo in a few days and I
think we can implement something in two weeks.
Mr. Plummer: Chief, approximately how many cars a day do you tow?
INAUDIBLE RESPONSE NOT IN THE PUBLIC RECORD.
Mr. Plummer: Well, hey, let me tell you, when this town wakes up someday and
realizes that there are about twenty five cars a day that are stolen in this
town.
Chief Clarence Dickson: We tow about 30-40 cars a day. But our sting
operations has increased the number - the net number of cars we tow.
Mr. Plummer: Roger, you're talking about...
Chief Dickson: We can do that on one day. On one day, we can tow - we'll tow
up to, have towed up to 70 some cars in over a 100 and some days.
Mr. Plummer: You're talking about the available space being taken up in two
days. At $10 a csr. Now, I think what this Commission needs to decide and I
don't want to be taking up all this time, is, in fact, the City better off not
increasing the amount of monthly spaces, decreasing the amount of monthly
spaces and putting the other facility in there?
Mr. Carlton: If, in fact, we can move all those cars that are going to
private lots into the garage, the answer to that is very clear, yes. So we
need to assess that; we need to look at that. I'm giving you my personal
commitment now that we'll have those answers - we'll give you those responses
and if it is viable, we'll have an initial program up and running in two weeks
to do that. I also want to say for the record that you will have the entire
towing industry down here screaming like they're very capable of doing if you
transition what is currently considered to be one of the sacred cows to a
municipal operation. I just want you to be prepared for that.
Mr. Plummer: I think that when we spoke to the towing RFPs that are out
presently, we spoke to the fact of the City having its own facility.
Mr. Carlton: OK, just on the record.
113
July 23, 1987
Mr. Plummer: OK. You might snake a good point. They might demand more in
their towing fee because they're not having that other source of income. You
might be right. It's worth considering.
Mayor Suarez: Do we have a motion on 33?
Mr. Carollo (Off mike): ---- motion on 33.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Have the additional instructions to the
Manager embodied in that? Any further discussion? Read the ordinance. Call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 35-92 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING A
NEW MONTHLY RATE AT MUNICIPAL PARKING GARAGE NO. 5;
FURTHER PROVIDING AN EFFECTIVE DATE OF OCTOBER 1, 1987
FOR THE HEREIN RATE INCREASES; RATIFYING AND
CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD
AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Carollo 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.
36. ACCEPT PROPOSAL SUBMITTED BY FLAGLER LANDMARK ASSOCIATES, INC. FOR
RENOVATION OF OLYMPIA BUILDING/GUSMAN CULTURAL CENTER AS UNIFIED
DEVELOPMENT PROJECT
------------------------------------------------------------------------------
Mayor Suarez: Item 34.
Mr. Plummer: What is it?
Mayor Suarez: Landmark Center's agreement to be negotiated by the Off -Street
Parking Authority in conjunction with the Manager.
Mr. Plummer: What's the Landmark?
Mr. Carlton: The name of the association of the business that submitted the
proposal on the unified development was Flagler Landmark Associates.
Mr. Plummer: Where is that lot?
Mrs. Kennedy: That's a...
Mr. Carlton: That's to redo the Olympia and Gusman.
Mr. Odio (Off mike): Olympia Building.
Mr. Plummer: Oh.
114 July 23, 1987
It
Mrs. Kennedy: ... Jim Beauchamp and Al Cardenas and...
Mr. Carlton: It's Beauchamps, Al Cardenas, Art...
UNIDENTIFIED SPEAKER: Hill.
Mr. Carlton: ... Hill - there are a number of members.
Mr. Plummer: We're only...
Mrs. Dougherty: Mr. Mayor and members of the Commission, this is simply a
formalization of a former act that you had made.
Mr. Plummer: Well, we're accepting it also in principle, not in fact.
Mr. Carlton: Right, we...
Mr. Odio: We'll have to bring the agreement back to you.
Mr. Plummer: Yes, sure.
Mr. Carlton: Which we want to do in your September meeting.
Mr. Plummer: I move it.
Mrs. Kennedy: Second.
Mr. Plummer: Are we going to speak to the Knight Center Parking Garage?
Mr. Carlton: That's incorporated in your overall budget as part of the Knight
Center fund.
Mr. Plummer: Before you leave, I want to just briefly touch on it.
Mr. Carlton: OK.
Mayor Suarez: Moved and seconded. That's 34, right?
Mr. Plummer: Yes.
Mr. Dawkins: This is in principle only.
Mr. Plummer: Yes, sir.
Mayor Suarez: Any further discussion? Call the roll on 34.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-732
A RESOLUTION ACCEPTING (IN PRINCIPLE) THE
RECOMMENDATION OF THE CITY MANAGER AND THE OFF-STREET
PARKING BOARD TO ACCEPT THE PROPOSAL SUBMITTED BY
FLAGLER LANDMARK ASSOCIATES, INC. FOR THE PLANNING AND
DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT INCLUDING
THE RENOVATION AND RESTORATION OF THE OLYMPIA
BUILDING/GUSMAN CULTURAL CENTER AS A UNIFIED
DEVELOPMENT PROJECT; AND AUTHORIZING THE CITY MANAGER
AND THE CITY ATTORNEY IN CONJUNCTION WITH THE
DEPARTMENT OF OFF-STREET PARKING TO NEGOTIATE A
CONTRACT WITH FLAGLER LANDMARK ASSOCIATES,
IMPLEMENTING SAID PROPOSAL; AND FURTHER DIRECTING THE
CITY MANAGER AND THE DEPARTMENT OF OFF-STREET PARKING
TO PRESENT THE NEGOTIATED CONTRACT TO THE CITY
COMMISSION AS SOON AS PRACTICABLE FOR CONSIDERATION
AND APPROVAL BY THE CITY COMMISSION PRIOR TO THE
EXECUTION THEREOF.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk
115 July 23, 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.
Mayor Suarez: Item 35.
Mr. Plummer: Mr. Carlton.
Mr. Carlton: Yes, sir.
Mr. Plummer: Does that end yours?
Mr. Carlton: Yes, it does.
Mr. Plummer: Yes. How much are we making off of the Knight Center garage?
Mr. Carlton: If you incorporate the revenues of the garage, the air rights
and retail rights...
Mr. Plummer: No, sir, off the garage.
Mr. Carlton: ... well let me please finish. And...
Mr. Plummer: No, no, excuse me. You answer my question, then I'll let you
expand.
Mr. Carlton: OK. The garage itself more than exceeds its operational cost
and provides about 75 percent of the debt service on the garage. Just the
garage.
Mr. Plummer: OK, go ahead.
Mr. Carlton: Now, if you add in the air rights and retail rights from
CenTrust, which would not exist if the garage wasn't there...
Mr. Plummer: Correct.
Mr. Carlton: ... and the interest earned on the reserves, 25 percent from the
Knight Center because 25 percent of the bond issue was for the garage, the
total package makes money and turns it over to the Knight Center deficit.
That's the facts of the World Trade Center garage.
Mr. Plummer: When we made the agreement with the hotel, they had an agreement
as to taking and guaranteeing the spaces.
Mr. Odio: We removed that in the new agreement when we exchanged spaces with
the hotel.
Mr. Plummer: That's fine, Mr. Manager, I want to know about all of the
guarantee that they didn't pay.
Mr. Odio: They didn't - no.
Mr. Carlton: There never was a guarantee. It was another...
Mr. Plummer: They had to give us by every day at six o'clock an agreement.
Mr. Carlton: The way it worked was that we had to hold back X number of
spaces for them if they called by six in the morning. They never called...
Mr. Plummer: There was a minimum amount of spaces.
116 July 23, 1987
Mr. Carlton: Yes.
Mr. Plummer: And they had to pay us for them.
Mr. Carlton: No, they never had to pay. That was the problem with the
contract.
Mr. Plummer: I won't take up this Commission's time any further. Send me a
copy of the contract. I read pretty well.
Mr. Carlton: I'll be glad to.
Mr. Plummer: Thank you.
37. EMERGENCY PURCHASE OF ONE INFLATABLE BOAT AND TRAILER FROM COMPLEAT
INFLATABLE, INC.
Mayor Suarez: Item 35.
Mr. Odio: Mr. Mayor, before the...
Mayor Suarez: Thank you, Rog, for your presentation.
Mr. Carlton: Thank you and I thought - if you might just take one second,
that this was to be my last Commission meeting...
Mayor Suarez: But you're going to come back.
Mr. Carlton: ... but you changed it to September 8th and I'm leaving
September 9th so you're blessed one more time.
Mrs. Kennedy: Oh.
Mr. Plummer: We wanted one more bite of the apple.
Mr. Carlton: Thank you very much.
Mr. Odio: Mr. Mayor, on 35, we had to buy an inflated raft with an engine
before the July 4th weekend. We almost had - we had a person cut up by
propellers at the Virginia Beach and we were warned that, inclusive by the
Coast Guard, that we could have people killed out there because we don't have
buoys protecting the swimmers. We had over 4,500 people swimming at Virginia
Beach, by the way, on the July 4th weekend. We had to buy this. Again, this
was an emergency purchase order that we had to issue to protect the life of
those people that are swimming in that beach. I know you don't agree...
Mr. Plummer: Mr. Manager, did you get prices from at least three companies?
Mr. Odio: Yes, we did.
Mr. Plummer: May I see the other prices, please?
Mr. Odio: Sure. Do you have them here? We'll provide them to you if you
want. We can bring this back. This was a case...
Mr. Plummer: Mr. Manager, once again, sir, I am going to caution you - I have
been around here a long time. We are treading on dangerous waters when we
bypass any of the competitive bidding.
Mrs. Kennedy: Excuse the punt.
Mr. Carollo: I'm sorry, J.L., there are some dangerous waters out there,
currents.
Mr. Odio: It's very appropriate.
Mr. Plummer: Yes, at the Virginia...
117 July 23, 1987
Mr. Odio: They're making, by the way, that - this inflated raft since it's
began to work has made between 20 and 30 runs to protect swimmers from getting
killed out there and we are liable. I think $6,000 is quite cheap compared to
the life of somebody and what it would cost us in liability if you're
concerned about costs.
Mr. Plummer: I am speaking, Mr. Manager, to the integrity of the bidding
procedures. That's all I'm saying.
Mayor Suarez: Do we have a motion on 35?
Mr. Plummer: How much did we spend?
Mr. Art Mullins: Six thousand. The boat was $3,600, the motor was $2,075 and
the trailer was $400. And they are the low bids of three - four bids.
Mr. Plummer: OK, guys.
Mrs. Kennedy: Well.
Mayor Suarez: Do you have a motion on that?
Mr. Odio: Let me say something, Mr. Mayor. Before I have denied - I have
turned this down. We didn't have any Commission meetings until today and I
think the $4,500 limit - I could have split this purchase order in two and
bypass the system with my authority and I don't like to do those things. OK?
And if you want me - if you prefer me to do that, I'll do that.
Mr. Dawkins: Yes, I would have prefer you do that. So you could go to jail
by yourself.
Mr. Plummer: Yes.
Mrs. Kennedy: I move it.
Mayor Suarez: Moved.
Mr. Plummer: Well, we - you know, here again, we're in an unbelievable
position...
Mr. Odio: Well...
Mr. Plummer: ... where we've got to ratify, if not, he's going to have to
take that...
Mr. Carollo: Well...
Mr. Plummer: ... and that $17,000 worth of photographic equipment that he
bought... we got to do that one now.
Mr. Carollo: I'm glad that the Manager took that step because if somebody
would have gotten hurt there, I would have been the first guy getting the
blame for it.
Mr. Dawkins: Yes.
Mr. Plummer: Yes, that's true. I second the motion. And I want to state for
the record that I'm damned unhappy about it.
Mr. Odio: Maybe you should raise the limit to ten thousand.
Mr. Plummer: No, don't want to do that...
Mr. Odio: Because, well then...
Mr. Carollo: Wait, wait, wait.
Mr. Plummer: We want to go to a real competitive bidding.
Mr. Odio: Well, let me ask you something, Commissioner...
Mr. Carollo: Raise the limit for you for ten thousand?
118 July 23, 1987
Mr. Odio: You've been here a long time. We're going into recess. You won't
meet again until September. Something happens during the summer...
Mr. Carollo: Suarez, do you want to raise the limit to ten thousand?
Mr. Plummer: Sir, you were well aware, from the day you opened that beach, of
the needs and the demands. OK?
Mr. Odio: We were not aware of the dangers that came about the motorboats...
Mr. Plummer: Then you should not have opened the beach, sir. If you didn't
do the surveys necessary to realize what the conditions were at that beach,
then you should have never opened it.
Mr. Odio: Fine, you are correct, sir.
Mr. Plummer: And that's all I'm saying. Look, I am not speaking to an
individual purchase. Let me make that clear.
Mr. Carollo: Well...
Mr. Plummer: I am speaking to the competitive bidding procedure and the
integrity.
Mr. Dawkins: All right!
Mr. Carollo: I think, J....
Mr. Plummer: Now, I am not speaking to this boat or that photographic
equipment...
Mr. Dawkins: Well, I am.
Mr. Plummer: ... or these dump trucks.
Mrs. Kennedy: You know...
Mr. Plummer: If we're going to have some credibility, damn it you've got to
do it in an organized fashion where everybody has the right. That's all I'm
saying. I say no more.
Mr. Odio: Commissioner, let... what you're saying is that...
Mr. Carollo: J.L., you're - you're right, J.L., you're right what you're
saying. I think we all agree.
Mrs. Kennedy: I agree. I agree because, because today we've seen a lot of it
and that's what he's referring to.
Mr. Dawkins: We all agree. No problem, no problem.
Mr. Odio: We seen - we seen two...
Mr. Plummer: And we got one more.
Mrs. Kennedy: Exactly.
Mr. Dawkins: Yes, I'm getting ready to defer the next one.
Mr. Plummer: You got one more.
Mr. Carollo: Mr. Chairman...
Mr. Dawkins: Chairman?
Mr. Carollo: Well, I'll be nice to him. His feelings always getting hurt.
Mr. Dawkins: Oh, OK. Is there a motion on this one?
Mrs. Kennedy: There's a motion on the floor.
119 July 23, 1987
Mr. Carollo: At sometime in the past, 1 think I recollect it. That the Chair
wanted to or there was a suggestion from somewhere that they wanted to raise
the limit that the Manager could go as high as ten thousand instead of forty-
five nundred. Am I correct in that assumption, or... did you want her to do
it at one time before?
Mayor Suarez: Yes, I think it needs... if I remember correctly, 1 think it
needs a charter change that's what we decided.
Mr. Carollo: It needs a charter change?
Mayor Suarez: Didn't it?
Mrs. Dougherty: You're asking for the competitive bidding?
Mayor Suarez: Increased authorization for the Manager without Commission
action to do acquisition and whatever.
Mr. Carollo: Ten thousand instead of forty-five hundred.
Mrs. Dougherty: I think that's correct. Let me look it up. It will take me
a second.
Mr. Carollo: I'd be willing to consider that. Well, I understand but you
might have legitimate emergencies that...
Mr. Odio: My concern is, Commissioner, we have a month and a half of recess
and something happens in the City...
Mr. Carollo: Absolutely.
Mr. Odio: ... and do you think we're going to sit here and let it happen?
Mr. Dawkins: No problem, no problem, no problem.
Mr. Carollo: Of course no, of course not.
Mr. Plummer: But also, Mr. Manager, let me refresh your memory which you've
taken advantage of on many occasions, is calling three of us and getting a
straw opinion. OK?
Mrs. Kennedy: Um humm.
Mr. Carollo: They're not binding, J.L., that's what they tell me in the other
straw vote.
Mr. Plummer: Well, then we're going to have boats for $45,000 and there will
be four and a half purchase orders.
Mr. Dawkins: What are we doing with 36?
Mrs. Dougherty: Yes, sir. Mr. Mayor and Commissioners, it is forty-five
hundred as declared in the charter in section 53.
Mr. Carollo: So it needs a charter change?
Mrs. Dougherty: Yes, sir.
Mr. Carollo: I'd be more than happy to put it up to the voters in November as
a charter change, if you all would like it.
Mr. Dawkins: Is there a motion on 36?
Mr. Plummer: To what amount, Joe?
Mr. Carollo: Ten thousand. That's what was said before.
Mr. Plummer: I'd go for a 10 percent increase but that's enough.
Mayor Suarez: That's not worth a charter change.
Mr. Plummer: Let's talk about it.
120 July 23, 1987.
•
Mrs. Kennedy: It's not worth the trouble.
Mr. Plummer: I agree.
Mrs. Kennedy: No.
Mayor Suarez: You got $4,500; another four hundred and fifty bucks - we're up
to forty nine fifty, it's - we're getting chintzy.
Mrs. Kennedy: No.
Mayor Suarez: OK, item 36.
Mr. Dawkins: It's motion and - it's a motion...
Ms. Hirai: Mr. Mayor, we haven't called the roll on 35.
Mayor Suarez: I'm sorry, OK, call the roll on 35.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-733
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION, THE ACTION OF THE CITY MANAGER THAT THE
REQUIREMENTS FOR FORMAL COMPETITIVE SEALED PURCHASE OF
ONE (1) INFLATABLE BOAT WITH AN OUTBOARD MOTOR AND A
TRAILER FROM THE COMPLEAT INFLATABLE, INC. TO BE USED
BY THE LIFEGUARDS AT VIRGINIA KEY BEACH FOR THE PARKS,
RECREATION AND PUBLIC FACILITIES DEPARTMENT IN THE
PROPOSED AMOUNT OF $6,160.95 BE APPROVED; ALLOCATING
FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET,
ACCOUNT NO. 490328-840.
(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.
38. EMERGENCY PURCHASE OF AUDIO VISUAL EQUIPMENT FROM GRAY COMMUNICATIONS
Mr. Dawkins: I move that 36 be continued. I can understand the emergency of
a life raft to save a life, but I cannot see why we've to purchase audio
visual equipment from a non -minority at a competitive bid.
Mr. Carollo: I second the request. I second the request.
Chief Clarence Dickson: Well, we're going to lose the money. We may as well
forget it.
Mr. Dawkins: Beg pardon?
Mr. Odio: We will lose...
121 July 23, 1987
Chief Dickson: It will go back to the State.
Mrs. Kennedy: Why so?
Mayor Suarez: Chief, go ahead and get...
Mr. Dawkins: I can't hear you. Say what now?
Mayor Suarez: Get the mike a little closer to you, Chief.
Mr. Odic: The reason for this emergency...
Mr. Carollo: You'll lose the money.
Mr. Odic: ... was to save this money.
Mr. Carollo: OK.
Mr. Dawkins: OK.
Mr. Odic: If we don't use this money before this Commission meeting, we will
lose it.
Mr. Dawkins: I don't give a damn, you still have not buying nothing from a
minority. Everything I see here: non -minority, non -minority, non -minority and
you can't find a minority - non -minority.
Mr. Odic: You might, you...
Mr. Dawkins: You mean to tell me, you can't find a minority for none of this
sales stuff nowhere in the City of Miami?
Mr. Odic: I don't know, sir...
Chief Dickson: We have to have a...
Mr. Dawkins: Well, then, all right, then. Come on, give me a break.
Chief Dickson: We need an opportunity to...
Mr. Plummer: Well, wait a minute. I'll tell you how to do it. Let me give
you a little wisdom. We approve it subject to Commissioner Dawkins' finding a
minority to come in at the same price for the same equipment within one week.
Mr. Dawkins: That's damn unfair to Miller Dawkins. You all should have give
it to me at first and then I could have come in with it. Don't send me out
after you've made your arrangements.
Mr. Plummer: Excuse my French.
Chief Dickson: I'm going to have to explain this...
Mrs. Kennedy: A lot of unfair things happen.
Chief Dickson: If I might have the opportunity to explain what has happened
here.
Mayor Suarez: Well, we might solve it, Chief, by doing the same thing but
having the Manager within the week find...
Chief Dickson: But, we're going to lose the money. It will go back to the
State.
Mr. Dawkins: Yes, but you see...
Mayor Suarez: Why? If we take action to...
Chief Dickson: We won't get it.
Mr. Dawkins: OK, hold it right here, Mr. Manager, let me ask the Chief...
122 July 23, 1987
Chief Dickson: There's a deadline on when we can spend the money, Mr.
Commissioner.
Mr. Dawkins: Let me ask the Chief one question. What date of 1987 did you
know that if this money was not spent by today, we would lose it?
Chief Dickson: The very day that we got it.
Mr. Dawkins: All right, sir. What day was that, sir?
Chief Dickson: This money came to us from the State of Florida...
Mr. Dawkins: What day? The date?
Chief Dickson: Hold on a second.
UNIDENTIFIED SPEAKER: 29th of May.
Chief Dickson: On the 29th of May.
Mr. Dawkins: Of what?
Mr. Odio: 29th of May.
Mrs. Kennedy: Of May.
Mr. Dawkins: Oh, May.
Mr. Odio: We brought it - and we brought it to the Commission...
Mr. Dawkins: 29th of May, 29th of June, 29th of July.
Mr. Kennedy: Of June - July...
Chief Dickson: No, no, no, no.
Mr. Odio: No, sir, we brought it to this Commission and it was turned -
deferred by the Commission.
Mr. Plummer: That was at our last meeting.
Mr. Odio: Yes, sir.
Mr. Plummer: Now, what about in May?
Chief Dickson: Can I go down the chronology of what happened here?
Mr. Plummer: What about all of June?
Mr. Odio: June, June.
Mrs. Kennedy: What about June? The two meetings in June?
Mr. Plummer: You had all of June, excuse me.
Chief Dickson: No, there was a process taking place here that led up to where
the money would have had to qualify to go out for bids. We never reached that
point. Because it was delayed by the Commission over and over again.
Mr. Dawkins: OK, I'm going to vote for this and I'm going to go out and find
you a Cuban, Black, or Indian, or a lady that you could get this same thing
from for $17,000.
Mr. Plummer: What about the Japanese?
Mr. Dawkins: A what?
INAUDIBLE RESPONSE.
Mr. Dawkins: No, they don't live in America. Hey, this is ridiculous, I
mean - and it's no reflection on nobody,. but I just get tired of everytime I
come up here you tell me about it's an emergency and it's a non -minority.
Come on, give me a break.
123 July 23, 1987
Mr. Art Mullins: May 1 speak, Mr. Dawkins?
Mr. Dawkins: If you speak English.
Mr. Mullins: This equipment was very sophisticated audio visual equipment for
police training. The Police Department applied for a State grant for this
money and it was given to them. This equipment is only available from Gray
Communications in Miami and no other known source in South Florida.
Mr. Dawkins: And there's no other equipment in the United States of America
with the sophistication that we need that will suit the City of Miami's needs?
Mr. Mullins: Probably so, Commissioner Dawkins, but...
Mr. Dawkins: All right then, that's all, that's enough - that's enough.
Mr. Mullins: ... again, we had to spend this money before the 30th of June
and the City Manager again exercised his authority to approve an emergency
purchase.
Mr. Dawkins: I vote yes.
Mr. Carollo (Off mike): Move it.
Mrs. Kennedy: Can you tell me what kind of audio visual equipment it is?
Mayor Suarez: It's been moved and...
Mr. Mullins: Pardon me?
Mrs. Kennedy: What kind of audio visual equipment?
Mr. Mullins: A Panasonic editing system, VHS...
Mr. Carollo (Off mike): Move the item.
Mr. Dawkins (Off mike): Made in Japan!
Mrs. Kennedy: It's OK.
Mr. Mullins: ... Sony video.
Mayor Suarez: It was moved and seconded and already have one positive vote
from Commissioner Dawkins before he left.
Mr. Plummer: Well, the Japanese got in there again.
Mayor Suarez: You guys, got a motion and a second.
Mr. Carollo (Off mike): If you want my vote, it's not a Toshiba.
Mayor Suarez: Well, he voted yes so you can take that as a second, right?
Mr. Plummer: Excuse me, Rosario, but was it designed by Noguchi?
Mrs. Kennedy: It's not Japanese.
Mayor Suarez: Commissioner Kennedy seconded it.
Ms. Hirai: Commissioner Kennedy seconds.
Mayor Suarez: We have a yes vote going out there. Call the roll.
124 July 23, 1987
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 97-134
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION, THE ACTION OF THE CITY MANAGER THAT THE
REQUIREMENTS FOR FORMAL COMPETITIVE SEALED BIDS BE
WAIVED AND THAT THE EMERGENCY PURCHASE OF AUDIO VISUAL
EQUIPMENT FROM GRAY COMMUNICATIONS FOR THE POLICE
DEPARTMENT IN THE PROPOSED AMOUNT OF $17,592.00 BE
APPROVED, USING FUNDS APPROPRIATED BY ORDINANCE NO.
10249 FROM THE OFFICER STRESS AND AWARENESS AND CRISIS
INTERVENTION PROGRAM REGION XIV FY 186-87 STATE OF
FLORIDA LAW ENFORCEMENT TRUST FUND.
(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.
NOTE FOR THE RECORD: Item 37 was withdrawn.
39. DISCUSSION AND TEMPORARY DEFERRAL OF BID ACCEPTANCE FOR S.E.
OVERTOWN/PARK WEST SANITARY SEWER REPLACEMENT (See label #42)
Mayor Suarez: Item 38.
Mr. Carollo: Move.
Mr. Odio: Accepting...
Mr. Plummer: I don't have the number.
Mayor Suarez: Item 38 has been moved. Do we have a second?
Mrs. Kennedy: Well, if we can get the amount of the bid.
Mr. Plummer: Can we get the amount and who the company is?
Mr. Odio: Yes, sir.
Mr. Carollo (Off mike): Five hundred and ninety thousand, nine sixty eight.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded.
Mr. Plummer: Who's the company? You're moving it and a second without even
knowing how much?
Mrs. Kennedy: For discussion. For discussion, only.
Mayor Suarez: For discussion.
Mrs. Kennedy: Otherwise you're out of order.
125 July 23, 1987
Mayor Suarez: Maybe a vote, maybe a deferral, who knows?
Mr. Plummer: Hello.
Mr. Odio: Yes, sir, I'll be...
Mr. Plummer: Hello.
Mr. Carollo: Did you hear that?
Mr. Plummer: Is there anybody home?
Mrs. Kennedy: They're out to lunch.
Mr. Plummer: Can I call collect?
Mr. Odio: Why don't we do 39 while we're waiting?
Mr. Plummer: You can't, you've got a motion and a second on the floor.
Mr. Odio: OK. I'll take it.
Mr. Plummer: Time out.
Mr. Odio: Time out.
Mayor Suarez: Will you withdraw the motion and a second and go on to - and
table it?
Mr. Plummer: That we can do.
THEREUPON, THIS ITEM WAS MOMENTARILY DEFERRED.
40. APPOINT GREGG BORGOGNONI TO THE CODE ENFORCEMENT BOARD
Mr. Odio: The nomination of 39 is yours, Mr. Mayor.
Mayor Suarez: City of Miami Code Enforcement Board, I nominate Gregg
Borgognoni.
Mr. Carollo: Don't we have to pay for the cup again or not? It's that time
of the year again? No?
Mr. Suarez: No, no, hell no.
Mr. Plummer: No way, Jose.
Mr. Carollo: No, it's X.
Mayor Suarez: I nominate Gregg Borgognoni.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
126 . July 23, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-735
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO THE CITY'S
CODE ENFORCEMENT BOARD, TO SERVE A TERM ENDING FEBRUARY
10, 1990.
(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
41. DISCUSSION CONCERNING FINES CHARGED BY THE CODE ENFORCEMENT BOARD
Mayor Suarez: Item 40.
Mr. Plummer: Mr. Mayor, wait a minute, excuse me...
Mayor Suarez: Yes, I'm sorry.
Mr. Plummer: ... in relation to code enforcement. Mr. Manager or Madam City
Attorney, how do we go about, I understand that the State mandates what their
fines can be. Is that correct?
Mrs. Dougherty: That's correct.
Mr. Plummer: All right. It is obvious to everyone that the fines that they
are able to impose today is not anything but a sting on the rump of an
elephant. Do we have to go through the State legislature to get those amounts
increased?
Mrs. Dougherty: Yes, sir.
Mr. Plummer: OK. I make a motion at this time that the State or our lobbyist
be informed in Tallahassee that these fines which are being able to be imposed
by code enforcement are not producing the end results and that they do their
lobbying on behalf of this City to get those limits raised.
Mr. Walter Pierce: Mr. - Mr. Plummer.
Mr. Plummer: Excuse me. I so move.
Mrs. Kennedy: Second.
Mr. Plummer: Now you want to talk.
Mayor Suarez: Moved and seconded.
Mr. Pierce: Well, I just wanted to go on record and tell you what the maximum
fine...
Mr. Plummer: $5001
Mr. Pierce: No, sir. $250 per day if the violation exists. And a $50
administrative fee that can be imposed.
127 July 23, 1987
I*
Mr. Plummer: And people are laughing at you. Am I right?
Mr. Pierce: Well, I'm not so sure that's really the case. What we have is a
problem there's some defects in that legislation that even after we find them
guilty, the fines are running, as how do we then get them out of there. And
we're discussing it with the City Attorney's staff now as to some additional
court action because there's nothing else in the law.
Mr. Plummer: Let me tell you something, if you hit them with a $1,000 fine a
day, I think they'd listen to you with a little bit of jail time, especially
in those areas of public health and safety.
Mrs. Dougherty: No jail, it's a civil remedy.
Mr. Plummer: Well, I think we need to get that thing changed. OK? And,
excuse me, Mr. Pierce, I would look to you sir in the administration to
recommend a package to our lobbyist of what you feel should be approved by
this Commission.
Mr. Pierce (Off mike): Oh, yes, we're working on that now.
Mr. Plummer: Did Chief Dickson leave? OK, Chief, I'm going to want to hear
from you before the end of the day about the bar situation which we talked to
you because I haven't heard of any bar, bars being brought up on charges and
we're still having a lot of problems. So before the end of the day, I want to
hear from you.
Mrs. Dougherty: You don't want to do... J....
42. DEFERRAL OF BID ACCEPTANCE FOR S.E. OVERTOWN/PARK WEST SANITARY SEWER
REPLACEMENT (See label #39)
Mr. Don Cather: On item 38...
Mayor Suarez: Yes.
Mr. Cather: ... there were four bids received. The low bid was from a
company called Man -con, Incorporated.
Mr. Plummer: I'm sorry?
Mr. Cather: Man, M - a - n - dash - c - o - n, Incorporated. Their bid is in
order with the - corrected bid is five hundred and ninety thousand, nine
hundred and sixty eight dollars ($590,968).
Mrs. Kennedy: I'm sorry, how much?
Mr. Cather: $590,968.
Mr. Plummer: Is this a minority firm? We have no backup on it.
Mrs. Kennedy: No, we have nothing.
Mr. Cather: You don't have any backup?
Mr. Plummer: No.
Mrs. Kennedy: No.
Mr. Cather: A minority set aside is no.
The firm is a non -minority contractor.
Mr. Dawkins: For how much?
This is not a minority set aside.
Mr. Plummer: Five - almost $600,000. Question; how long have they been in
business?
Mrs. Kennedy: And who are the principals?
128
July 23, 1987
Mr. Cather: The principal is Guy A. Mancini, president and Jeff Mancini,
vice-president and secretary. They are properly licensed and insured. The
corporation established in 1985.
Mr. Plummer: And what is the largest job they have done till this date?
Mr. Cather: 1 don't have that information available here.
Mr. Plummer: 1 move that this item be deferred.
Mrs. Kennedy: Second.
Mr. Cather: Wait, wait, wait - no.
Mr. Dawkins: Second.
Mr. Cather: No, I don't have that here.
Mayor Suarez: Moved and seconded.
Mr. Plummer: Are they a local company?
Mr. Cather: Ft. Lauderdale.
Mr. Plummer: See, here we go again. All of our money going to Broward
County.
UNIDENTIFIED SPEAKER: Here we go, here we go, here we go.
Mr. Cather: No, he asked -----
Mr. Plummer: What Joe Robbie didn't take up there, you're trying to give the
rest to.
Mr. Cather: He asked how long they were there.
Mr. Plummer: I move that it be deferred.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Cather: May I bear in mind, you know, that this is a preliminary contract
to the Overtown paving project and it is contingent upon getting the street
opening for the arena.
Mr. Plummer: Can I bear on your mind that if any project in this town should
have been a minority contractor, namely Black, it should have been Overtown.
Mr. Cather: I'm not arguing that point.
Mr. Plummer: Huh?
Mr. Cather: There's no provision in the law for that.
Mr. Dawkins (Off mike): What?
Mr. Cather: There's no provision in the law for that.
Mr. Plummer: I think that you're wrong.
Mr. Cather: There's no provision in there, the low bidder is the low bidder.
Mrs. Kennedy: We're not talking about...
Mr. Cather: Unless you make it a minority set aside.
Mrs. Kennedy: We're not talking about the law. We're not talking about
provisions. Just a moral kind of thing.
Mr. Cather: Oh, OK.
129 July 23, 1987
Mr. Dawkins (Off mike): I don't know how many Latin firms I see Garcia and
all...
Mr. Plummer: May 1 ask just for a matter of inquiry. Who was the second
lowest bid? And what was the number on it?
Mr. Cather: The second lowest bid was Alfred Lloyd & Sons and they bid six
hundred and forty-one thousand dollars... six hundred forty-one thousand,
eight hundred and two dollars ($641,802).
Mr. Plummer: Are they a minority firm?
Mr. Dawkins (Off mike): Yes. How much over...
Mr. Cather: Yes.
Mr. Plummer: Are they local?
Mr. Cather: Yes.
Mr. Dawkins (Off mike): How much over was he?
Mr. Plummer: Excuse me, what I'm trying - the point I'm trying to make is
that which...
Mr. Cather: Fifty thousand dollars ($50,000).
Mr. Plummer: ... what we are trying to do in this referendum of giving local
minority or local firms a 10 percent edge, would have been accomplished here.
Mr. Cather: Yes, it would have.
Mr. Plummer: That's right. Exactly the point I'm trying to make, sir.
Mayor Suarez: We have a motion to defer and a second. Any further
discussion? Call the roll.
THEREUPON, the City Commission on motion duly
made by Commissioner Plummer and seconded by
Commissioner Kennedy, 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.
43. APPOINT RICHARD PETTIGREW, LORI WELDON, ROOSEVELT THOMAS, ELMER LEYVA,
MELVIN CHAVEZ, AND JOSEFINA BONET HABIF TO THE PRIVATE INDUSTRY COUNCIL
Mayor Suarez: Appointment, item 40.
Mr. Plummer (Off mike): I move that the three members there be reappointed.
Mayor Suarez: So moved. Those will be...
Mrs. Kennedy: I second.
Mr. Dawkins (Off mike): Did you appoint Weldon...
Mayor Suarez: Yes, she's also...
130 July 23, 1987
Mr. Frank Castaneda: And also...
Mr. Dawkins (Off mike): Wait a minute...
Mr. Castaneda: And also...
Mayor Suarez: Lori and Richard Pettigrew are also...
Mr. Castaneda: Right. Also, OK...
Mr. Plummer (Off mike): No, they were others - they're not - these are...
Mayor Suarez: Right. I'm clarifying for Commissioner Dawkins who asked a
question.
Mr. Castaneda: So, is Richard Pettigrew...
Mayor Suarez: In addition to that, we're appointing three more today as per
your motion for extension of their terms.
Mr. Dawkins (Off mike): Who are they? Are there three or four already there?
Mr. Castaneda: OK...
Mayor Suarez: Elmer Leyva, Mel Chavez or Skip Chavez, and Josefina Bonet, OK?
Mrs. Kennedy: And Josefina Bonet.
Mr. Castaneda: Right. Thank you.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-736
A RESOLUTION APPOINTING THREE (3) MEMBERS OF THE
PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA FOR
TERMS TO EXPIRE JUNE 30, 1988, AND THREE (3) MEMBERS
OF THE PIC OF SOUTH FLORIDA, FOR TERMS TO EXPIRE JUNE
30, 1989
(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.
44. APPOINT JULIO DE QUESADA, DON LYNN, HENRY GIVENS, TIBOR HOLLO TO THE
DOWNTOWN WATERFRONT MASTER PLAN IMPLEMENTATION ADVISORY COMMITTEE
Mayor Suarez: Item 41.
Mr. Sergio Rodriguez: Item 41 is the appointment to the Downtown Waterfront
Master Plan Implementation Committee. You asked us by motion last time to
appoint some members of the committee.
131 July 23, 1987
1
Mr. Plummer (Off mike): t never heard of this committee.
Mrs. Kennedy: it's a new one.
Mr. Odio: May i add to that, if I would, I think we need a representative of
the DDA and one from the Off -Street Parking. if you would...
Mrs. Kennedy: And the Off -Street Parking because we're planning of thinking -
we're thinking of doing a garage there.
Mr. Rodriguez: Yes you did.
Mr. Odio: Yes, you did.
Mr. Rodriguez: You did by motion, 87-515.
Mayor Suarez: Anyone from the Off -Street Parking? You mean from the board of
the Off -Street Parking?
Mr. Rodriguez: No.
Mr. Odio: No, no, from the staff and one staff from the DDA.
Mayor Suarez: Oh.
Mr. Rodriguez: That's right. As part of the City representative, add two
more.
Mayor Suarez: We don't need to vote on that here at the Commission, do we?
Mr. Rodriguez: No, but you need to vote on the member from the private sector
that you would like to include on this and there were two members per each one
of you.
Mayor Suarez: Per commissioner. OK, I nominate Julio de Quesada and
Don
Lynn, attorney Don Lynn.
Mrs. Kennedy: I'll make mine at the end of the day.
Mr. Carollo (Off mike): I nominate Henry Givens as one of mine.
Mayor Suarez: Have three nominations. Any others?
Mr. Plummer (Off mike): What are they, going to be one per Commissioner?
Mayor Suarez: Two.
Mr. Rodriguez: Two.
Mr. Plummer (Off mike): I don't remember this. I got to be honest with
you.
If it's agreeable with the Commission, who ever they want to designate
from
Off -Street Parking and DDA, I'll accept as my appointments, if you want.
Mayor Suarez: Those are additional staff appointments.
Mr. Carollo (Off mike): My other appointment, I'll name Tibor Hollo.
Mayor Suarez: Ted Hollo and who was the other one?
Mr. Carollo (Off mike): Henry Givens.
Mayor Suarez: Henry Givens. And I've nominated two; Julio de Quesada and Don
Lynn.
Mr. Plummer (Off mike): Well, are any of your's from the DDA or Off -Street?
Mayor Suarez: No, they're staff from DDA and Off -Street. That will be
done
internally.
Mrs. Kennedy: No.
132 July 23, 1987
Mr. Rodriguez: Those are the staff.
Mr. Plummer (Off mike): Oh, oh, oh. It's staff, not a member. Oh, OK.
Mr. Rodriguez: Right.
Mayor Suarez: We have four nominations. We have a motion and a second on
that?
Mr. Plummer (Off mike): So moved and the others to be included by individual
Commissioners.
Mrs. Kennedy: I second.
Mayor Suarez: In writing. Moved and seconded. Any discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-737
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO 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
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.
NOTE FOR THE RECORD: Item 42 was withdrawn.
45. MIAMI
JEWISH
HOME FOR
THE
AGED TO
BE CONSIDERED FOR CITY FUNDING IF ANY
FUNDS
BECOME
AVAILABLE
IN
COMMUNITY
DEVELOPMENT
------------------------------------------------------------------------------
Mayor Suarez: Item forty-three, Miami Jewish Home for Aged. I know they're
here.
Mr. Odio: They want an addition - they want $75,000, Mr. Mayor. This program
provides valuable services to the City resident. However, all C.D. fund money
for social programs have been allocated and we have not been able to identify
alternate sources of...
Mayor Suarez: As we approach the end of the budget year, Frank, any monies
come back in unused?
Mr. Frank Castaneda: No.
Mayor Suarez: You always seem to find them...
Mr. Frank Castaneda (Off mike): No, you already allocated that.
Mayor Suarez: We did that already. See, we caught up from last year.
Mr. Plummer (Off mike): Caught up and surpassed.
133 July 23, 1987
Mayor Suarez: That's right. OK, go ahead.
Mr. Mark Glickman: Well, we're here today - my name is Mark Glickman. I'm
Executive Director of the Miami Jewish Home and Hospital for the Aged.
Address is 9 Island Avenue, Miami Beach. I'm here before you to plead the
case of the Legion Park Senior Adult Day Health Center. This program has been
in existence for over 12 years as a joint venture between the City of Miami
and Douglas Gardens. It was the first licensed day care - one of the first
licensed day care centers in 177 and continues to be an adult day health
center and was licensed as such in '85. it is a leading center which provides
food, shelter, transportation, health care, mental health services and
activities for the frail elderly. We know you have a long agenda and i have
prepared a lot of remarks and I'm not prepared to extend this particular
section of this agenda that was probably going to go on about 10:30 this
morning. We are pleading the case for $75,000...
Mayor Suarez: You're prepared to do it, but you're not going to do it to us.
Mr. Glickman: ... the budget was a hundred and eight thousand - we're not
going to do this - it was a hundred and eight. Last year it was seventy-five.
It's a tri-ethnic program located at a City building. It is being used by a
park within a City park program. It is the best example of a partnership
between a private organization and the City as well as trying to help the over
125 people who are enrolled in this particular program. The active enrollment
of over 61 people today who are here with our Program Director who is a
registered nurse and offers ongoing medical nursing counseling with our
physicians and nurse practitioners. This is a much needed program. Last year
we were put on to seventy-five thousand contingency budget reduced from a
hundred and eight of a $232,000 budget. We are appealing this request to you
asking that you find for the sake for the appeal and the investment in the
elderly of the northeastern Dade County community for this viable program.
Mr. Plummer: I'll tell you what I'm willing to do. This is the only thing
that I know that we can do. I will make a motion that any available funds
that become available that you would be the number one priority. And I'm not
trying to mislead you. I don't know that there's going to be any funds. But,
if they do become avail... I can't give you what I don't have. The cupboard
is bare. Matter of fact, I think they even stole the cupboard. I'm saying to
you that I'm willing to make a motion, as I told you before on the phone, if
the funds become available that you be the number one priority. And I'll so
offer that in a motion. I can't give you something we don't have. If I get a
second.
Mayor Suarez: So moved.
Mr. Dawkins: What's the second - what now?
Mr. Plummer: I have said that if funds become available, that this program
would be the number one priority for any funds that are loosened up or become
available.
Mr. Odio (Off mike): In CDs.
Mr. Plummer: In CD, and of course, in that particular program.
Mayor Suarez: I'll second.
Mrs. Kennedy: Under discussion. Frank, any reason why they got left out?
Mr. Plummer: Hey, we're down now, you know, look, let me - let's just...
Mrs. Kennedy: Let me hear from Frank, please.
Mr. Plummer: Sorry; I'm sorry.
Mr. Castaneda: This really goes back two years ago. Originally, they were
basically funded completely out of revenue sharing. Last year, when we
basically had to make a decision of who was going to survive when we joined
Community Development and Revenue Sharing, basically those programs that
received Revenue Sharing Funds exclusively and no Community Development Funds,
they were left out and there were two programs in the meals category which
134 July 23, 1987
were Senior Centers and Jewish Home. They were not funded last year. What
happened was that when we had the budget sessions, I believe Commissioner
Plummer made the motion to reduce the parks budget by a hundred fifty thousand
and what happened was that seventy-five was given to Senior Center and
seventy-five was given to Jewish Home. They understood that...
Mr. Plummer: Yes, but please, for the record, indicate where that $150,000
reduction in parks came. That was in the nursery where they were providing
two palm trees a day to City Hall and we reduced their budget by eliminating
the palm trees. I want someone coming in here and saying Plummer took
$150,000 away from parks. What we did was, we caused efficiency by
eliminating the two palms a day at City Hall.
Mr. Castaneda: That's correct too.
Mr. Plummer: Thank you. Continue.
Mr. Dawkins: Is this the same nursing home that's over there by Sabal Palms?
Mr. Plummer: Yes. Yes, the...
Mrs. Kennedy: Legion Park...
Mr. Plummer: No, no, what he is asking is this the convalescent home by Sabal
Palm. The answer is yes.
Mr. Glickman: We are... Douglas Gardens is the facility over near Sabal
Palm...
Mr. Dawkins: OK, OK.
Mr. Glickman: ... this particular program is not located at Sabal Palm.
Mr. Dawkins: How much money has Douglas Gardens spent in going from N. E. 2nd
Avenue all the way back to N. W. Miami Avenue in construction?
Mr. Glickman: In construction?
Mr. Dawkins: Yes, sir.
Mr. Glickman: It has spent millions of dollars for the adult day care.
Mr. Dawkins: All right, see, now you spent millions of dollars in
construction...
Mr. Glickman: Correct.
Mr. Dawkins: Which and - but yet you want to come here now and say that we
should help you to continue to construct by meeting some of the needs that are
out there.
Mr. Glickman: Douglas Gardens is...
Mr. Dawkins: You know, I cannot vote for this and I'm not going to vote for
no money for Douglas Garden next year. I will vote for none in 188 and if I'm
reelected, I will vote for none in 189. Somewhere along the lines, those
individuals who can support themselves are going to have to support
themselves. You cannot make me, sir, believe that that convalescent home that
has built all of these units, need any substancy to help meet the needs of the
community that they should be meeting. And that...
Mr. Glickman: Sir.
Mr. Dawkins: Yes, sir.
Mr. Glickman: Commissioner, for you to understand that Douglas Gardens is out
in the construction field right now making these buildings, research centers,
day care centers, adult day health centers, are able, with the generosity of
our board and the community at large, currently...
Mr. Plummer: Whoa, whoa, whoa, you missed one. Your board, the community at
large and great help from the City of Miami...
135 July 23, 1987
Mr. Glickman: Absolutely.
Mr. Plummer: ... which made almost $30,000,000 available to you...
Mr. Glickman: Fifteen.
Mr. Plummer: ... at a 3 percent money.
Mr. Glickman: Fifteen.
Mr. Plummer: Correct?
Mr. Glickman: The $15,000,000 bond issue, yes.
Mr. Plummer: All right. At 3 percent money.
Mr. Glickman: Correct.
Mr. Plummer: So let's get the record clear.
Mr. Glickman: This is a partnership.
Mr. Plummer: Yes, your board did a lot. Yes, the community did a lot. But 3
percent money for $15,000,000...
Mr. Glickman: Correct.
Mr. Plummer: I think this City did a lot for you also.
Mr. Glickman: Absolutely.
Mr. Plummer: OK, just making the record clear.
Mr. Glickman: No - didn't get me finish...
Mr. Dawkins: And I think you should, in return, do something for the citizens
of Miami without coming down here crying on my shouldAr telling me that I
have - that you don't have $75,000 to do this with.
Mayor Suarez: Can we...
Mr. Plummer: Let me - now that I've castigated you, let me support you.
Commissioner Dawkins and my colleagues, I think that maybe something is
confusing. This is not, in fact, a program at Douglas Gardens. This is a
program that exists in Legion Park which is basically an independent program
for the elderly. It is, without a doubt, a fantastic program. It has nothing
to do - this organization goes in there and works their heart out to put this
program together. It is unfortunate that this was a thing that we started
through Federal revenue sharing that I warned fifteen years ago that we were
building ourselves into a box. And unfortunately, when Federal revenue
sharing went down the drain, a lot of good programs went down the drain. But
we're down to the point now that if I give you a dollar, I'm taking a dollar
away from somebody's food and that's what we're down to. I can't give you
what I don'•t have. My motion is that if any funds were to become available,
loosened up, whichever way, that you would be the number one priority and,
air, in good faith I can do no more.
Mayor Suarez: It's a motion and a second. Any further discussion? If you
should make any attempts to seek funds elsewhere, wherever they may be, count
on us to and our office to support...
Mr. Dawkins: Under discussion. When time comes to make that decision, if
money is made, I do not intend to say that they have priority. I will vote
favorably if they seem to be much more needier than anybody else who may apply
here.
Mayor Suarez: Call the roll.
Mrs. Kennedy: Under discussion.
Mayor Suarez: I'm sorry, Commissioner Kennedy.
136 July 23, 1987
Mrs. Kennedy: When I spoke to Priscilla Perry about this program, I thought
and she and I were under the impression that the program had been
inadvertently been left out. I talked to Frank Castaneda and that was the
impression. He has since corrected his opinion and, therefore, that's why 1
have to vote for the motion. There's no money. There's nothing we can do.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 87-738
A MOTION INSTRUCTING THE ADMINISTRATION TO CONSIDER MIAMI
JEWISH HOME FOR THE AGED AS A #1 PRIORITY FOR CITY FUNDING
THE MOMENT ANY FUNDS BECOME AVAILABLE IN COMMUNITY
DEVELOPMENT.
Upon being seconded by Mayor Suarez, 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: Commissioner Miller J. Dawkins
ABSENT: None.
-------------------------- ---------- ------------------------------------------
46. AUTHORIZE EXECUTION OF AGREEMENT WITH SMALL BUSINESS OPPORTUNITY CENTER,
INC. FOR $50,000 ALLOCATION
Mayor Suarez: Luis, you had a personal appearance, Latin Chamber. Quick.
Mr. Plummer: This is on 717
Mr. Carollo (Off mike): What item's this one?
Mr. Odio: Seventy-one.
Mayor Suarez: Seventy-one.
Mr. Carollo (Off mike): Seventy-one?
Mr. Hector Gasca: Hector Gasca, 2465 S. W. 18th Avenue. Executive Director
of S.B.O.C. We have some make today proposal to the Commissioner in the
amount of $85,900 from the money allocated from Off -Street Parking for the
target areas. This money will be utilized for the soft costs of the building
that we're going to construct located by the Chamber of Commerce. Presently
for the operation of this center not for the construction. The State of
Florida grant the Chamber of Commerce $200,000.
Mr. Plummer: Look, you got $50,000, right?
Mr. Gasca: What do you mean, $50,000?
Mr. Plummer: You've already got $50,000 designated.
Mr. Frank Castaneda: To the Little Havana area but not to them.
Mayor Suarez: Do we have to specify?
Mr. Castaneda: Right. What the Commission said was that, you know, $50,000
would be allocated to the Little Havana area and you had to come back with a
project and so forth.
137 July 23, 1987
Mayor Suarez: Do we have any competing applications for that, frank?
Mr. Castaneda: No, the only request has been from S.S.O.C.
Mayor Suarez: Not even any place else in today's agenda?
Mr. Castaneda: I'm sorry...
Mayor Suarez: Not in any other item in today's agenda?
Mr. Castaneda: No.
Mr. Plummer: I so move that the money be given to Camacol.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: Excuse me?
Mr. Castaneda: Small Business Opportunity Center.
Mr. Plummer: Small Business Opportunity Center of Camacol.
Mayor Suarez: S.B.O.C. Any discussion?
Mr. Carollo (Off mike): Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-739
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE SMALL BUSINESS OPPORTUNITY
CENTER, INC. IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND
DOLLARS ($50,000), SAID ALLOCATION BEING A ONE TIME
GRANT WITH FUNDS PROVIDED FROM THE OFF-STREET PARKING
AUTHORITY EXCESS REVENUES ALLOCATED TO THE LITTLE
HAVANA TARGET AREA TO COVER INITIAL START-UP AND SOFT
COST FOR THE TRADE CENTER OF THE AMERICAS PROJECT.
(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. Gasca: Thank you, Mayor. Thank you, Commissioners.
Mayor Suarez: You're very eloquent. Go back to whatever it is you're
supposed to be doing.
138 July 23, 1987
0 0
47. A - ALLOCATE $3,800 TO JAMAICAN AWARENESS DAY FESTIVAL
B - POSSIBLE REDUCTION IN NUMBER OF POLICE FOR JAMAICAN AWARENESS DAY
FESTIVAL; POST BOND FOR CLEANUP
Mayor Suarez: Item 44. Jamaica Awareness, Inc.
Mr. Odio: They are requesting $13,500.
Mayor Suarez: What do they mean by in -kind services?
Mr. Odio (Off mike): What does that include? The police and...
Mayor Suarez: It's not a waiver of a...
Mr. Odio: No, it's police and sanitation and we have to recommend no funding
on this one either because of the - on the no funding policy.
Mayor Suarez: Go ahead, sir.
Mr. Sidney Roberts: Name is Sidney Roberts, 5437 N. W. 194th Street. I'm
vice president of Jamaica Awareness Festival. Now, for the past three years,
we have been celebrating our independence in Bicentennial Park and we have
seen City fees move from $2,600 in the first year to an estimated $13,500 for
this year. Quite frankly, we cannot afford this and we're asking that the
City give us a break on in -kind services connected with this festival. We
think that this is fair based on the following: first off, the festival is
not just a normal festival. It's a festival in celebration of our
independence. Secondly, we were primarily responsible for the revival of
Bicentennial Park. In 1985 when we went in there, there was nobody else using
the park. Since then, the park has been used for various reasons and various
other groups. Our festival is the largest festival in the U.S. and attracts
thousands of visitors to the Miami area each year who spend tourist dollar in
this area. Our committee has proven that we are able to do the job. Our
promotion packages are distributed national -internationally and projects Miami
in a very positive way. With your help, we could make Miami the reggae
capitol of the world outside of Jamaica. Finally, this is Jamaica's 25th year
of independence. The Governor General of Jamaica will be joining us for this
celebration which should begin this Saturday and end on August the 2nd with
the festival in the park. What we aim to do with this festival is to expose
the South Florida area community to our indigenous culture and project Jamaica
and things Jamaica in a more positive light.
Mayor Suarez: How can it possibly cost $13,000?
Mr. Odio: Yes, sir. They have 15 to 20,000 people there. We need police, we
need fire, we need...
Mayor Suarez: No, wait, wait, wait, wait. They don't have 15 to 20,000
people there. There's nobody there. Is that how many they had last year? Is
that how many were projected for this year?
Mr. Odio: That's what they had last year. We are - the rent is only $3,000.
Everything else is personnel costs.
Mayor Suarez: I'll entertain a motion to waive the rent.
Mrs. Kennedy: Where do you hold this festival?
Mr. Robert: Bicentennial Park. The first Sunday every August.
Mr. Plummer: To waive the rent but they'll still pay for the police, the fire
and the cleanup.
Mayor Suarez: I take them one at a time.
Mrs. Kennedy: I so move to waive the rent.
139 July 23, 1987
0 0
Mr. Plummer: Motion made and seconded to waive the rent of $3,000 period.
Any further discussion? Call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 87-740
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $3,800
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO
THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES
FOR PARK USE, CONCESSION PERMITS, AND RELATED PARK FEES
FOR THE JAMAICAN AWARENESS DAY FESTIVAL TO BE HELD AUGUST
2, 1987 AT BICENTENNIAL PARK, 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
Mayor Suarez: So far we got the rent. Now any way we can reduce the rest of
those expenses? Can we use their organization more to provide security? This
is my constant question. Walter, we have got to figure out a way that - I've
seen functions with - of course, 15,000 is a lot of people, but how many
police officers would we be expected to provide for 15,000 people?
Mr. Plummer: Hey, when I brought that up, you ought to see the nasty page
they put of me in the FOP, when I mentioned it.
Mr. Walter Golby: Twenty-two police officers.
Mayor Suarez: Any way we could substitute some of those with their own
security force or their own designated individuals with arm bands or...
Mr. Golby: We'd have to sit down with the Police Department with them again
and work that out.
Mayor Suarez: Would you do that?
Mr. Golby: I'd be glad to.
Mr. Roberts: I'd be willing to do so, sir.
Mayor Suarez: I'll entertain a motion to that effect that subject to...
Mrs. Kennedy: Well, I so move. Can you come back before we adjourn today?
Because it's August...
Mayor Suarez: If the Police Department's satisfied, we don't need to - all
that does is just reduce the rest of their in -kind payments, Commissioner.
Mrs. Kennedy: OK.
Mr. Plummer: Well, what you're saying is, is I understand it is to have the
administration try to work with them...
Mrs. Kennedy: Right.
Mr. Plummer: ... if possible to reduce the number but you're not making any
further monetary or in -kind donation.
140 July 23, 1987
Mayor Suarez: Right.
Mrs. Kennedy: Right.
Mr. Plummer: That's fine.
Mayor Suarez: That applies also - do you want to go ahead and build it into
for solid waste? Can you get some people to help clean up afterwards?
Mr. Roberts: Yes, we will sure try to do that, sir.
Mayor Suarez: Can you make it look nicer than it was before you got into the
park?
Mr. Roberts: Weil try.
Mayor Suarez: Bet you could. OK, for both then in the form of a motion.
Mr. Plummer: Well, as long as there's money put up in escrow that if in fact
they don't do what they have promised, that we can have the Sanitation
Department go in and do it.
Mayor Suarez: I like it.
Mr. Plummer: If they do, then they get the escrow money back.
Mayor Suarez: I like the idea. I like the idea.
Mr. Roberts: OK, I agree.
Mayor Suarez: Whatever the amount would have cost you put in escrow. You get
it back if you clean up.
Mr. Plummer: How much is sanitation? They'll have to put up $1,400 in
escrow. If they clean up the park to the satisfaction of the department, they
get their money back and if they don't clean it up, then we'll take that money
and have it done by City forces.
Mayor Suarez: And it's totally at our discretion...
Mr. Plummer: The department.
Mayor Suarez: Right.
Mr. Roberts: Thank you. OK, I'd like to thank you gentlemen for...
Mayor Suarez: Well, we haven't voted yet.
Mr. Roberts: Oh, oh, sorry.
Mayor Suarez: Never thank us before we vote. You never know what can happen
here. We have a motion and a second?
Mr. Plummer: Is this - let me ask and make sure. Is this in concert with
Marie, the consul?
Mr. Roberts: Yes, the consul general, yes, sir.
Mr. Plummer: Well, I was with her last night and she didn't make a word of
mention to me. I don't know if she did to the others.
Mr. Dawkins: No, she didn't.
Mr. Plummer: But you're telling me that this is in full accord with the
Jamaican Consul.
Mr. Roberts: Very much so, sir.
Mr. Plummer: I want that on the record.
Mr. Roberts: It has been so for the past two years.
141 July 23, 1987
Mr. Plummer: OK.
Mayor Suarez: Do we have a motion and a second?
Mr. Dawkins: Second.
Mr. Plummer: Marty.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-741
A MOTION DIRECTING REPRESENTATIVES OF JAMAICA
AWARENESS, INC. TO SIT DOWN WITH THE POLICE DEPARTMENT
IN ORDER THAT THEY MAY EXPLORE THE POSSIBILITY OF THE
REDUCTION IN THE NUMBER OF REQUIRED POLICEMEN ON THE
DAY OF THE EVENT, FURTHER DIRECTING THAT THEY POST THE
NECESSARY DOLLARS IN ESCROW ($1,400) TO COVER THE COST
OF CLEANING UP THE PLACE ONCE THE EVENT IS COMPLETED
IN CASE SAID CLEANUP IS NOT DONE BY THEM, AS PROMISED
TO THE CITY COMMISSION.
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.
Mr. Roberts: I'd like to thank you gentlemen and invite you please come out
and participate with us as we celebrate our independence. Thank you.
Mrs. Kennedy: It's more than gentlemen.
Mr. Roberts: Oh, sorry. Sorry.
Mr. Plummer: How about a gentlewoman?
:Mrs. Kennedy: Yes, that's fine or gentle persons; that would be all of us.
NOTE FOR THE RECORD: No one appeared on Item 45.
48. CITY SUPPORTS RESTORATION OF JAPANESE GARDENS ON WATSON ISLAND
Mayor Suarez: Item 46. Agnes Youngblood. Agnes has been here all day.
Mrs. Kennedy: Mr. Mayor, Mrs. Youngblood came to see me and she asked me to
put this on agenda. This is strictly a support resolution and is not a
commitment of funds.
Mayor Suarez: If Mr. Longueira will give her an opportunity to tell us about
the Japanese Gardens. You do fine work and it's nice when you don't come for
money too.
Ms. Agnes Youngblood: Thank you. Yes, there is. Mr. Dawkins, I want you to
know there is a Japanese living here. I'm a sample of it.
Mr. Plummer: Are you a minority?
142 July 23, 1987
Ms. Youngblood: Yes, I am a minority. Agnes Youngblood, 2333 Brickell
Avenue.
Mr. Plummer: And what is this one?
Mr. Odio: We support this...
Mr. Plummer: How many of these things - how many drafts are you going to give
met No, no, no, I got another one here called a draft.
Mayor Suarez: Beautiful.
Mr. Dawkins: We don't need that. OK.
Ms. Youngblood: In support for the resolution which Rosario Kennedy was kind
enough to present to the Commission, I would like to make two statements.
One, why this is worth it and the other, why it is necessary right now. The
fact that it is a worthy cause is the fact that this is a garden that was
given to the City of Miami by the president of Ricoh Corporation in 1961. And
it is through some part of it...
Mayor Suarez: That would have been the structure and the buildings and so on
and the improvements. Not the land, obviously.
Ms. Youngblood: No, it's not the land. It's the - yes, exactly. And,
anyway, it has been dilapidated for various reasons. Recently, the Ricoh
Corporation for the last two years or so has shown great interest in restoring
it. And since we have been in existence, they gave us up to, last year,
$10,000; five thousand to get started and that the younger brother of the
original donor gave us $5,000. Now this year, for the Spring Festival, they
spent in excess of $10,000 in order for us to put on the Spring Festival and
since that time, the high officials from the Ricoh Corporation in U.S.A., the
chairman of the board, the vice president, and the P.R. person have all come
to the Spring Festival. And since that time, the managing director from Japan
came to visit the garden and it became very obvious to us when they sent even
the Tota Construction Company from New York to make the estimate on the
restoration project. And since that time, chairman of the board of U.S.A.
Ricoh Corporation went back to Japan to stir interest among the Ricoh group
subsidiaries of which there are a hundred and forty plus. And he was able to
stir enough interest so that we believe that if things go well, that they will
all participate and contribute towards the restoration of the project. Now,
at this point, the plan is that if things go well; if all the paperwork is
ready by September, the chairman of the Ricoh group, which represent a hundred
and forty plus subsidiaries, will visit Miami in November. And this is a
resolution which is absolutely necessary for them to proceed with the
paperwork.
Mayor Suarez: But when you say the paperwork, you don't mean this kind of
paperwork.
Ms. Youngblood: The estimate has to be completed.
Mayor Suarez: Because I've seen one of your budgets. In fact, two
alternative budgets I think it was and neither one of them was in the half a
million dollar category if I remember correctly. But we're not talking about
that at this stage.
Ms. Youngblood: That's - no, because before we can get to that, there's some
estimates that need to be completed. But, before we can get to that, they
need the commitment from the City of Miami.
Mayor Suarez: And I remember that the Ricoh portion of that - those
improvements is going to be about 95 percent.
Ms. Youngblood: I don't want to say anything...
Mayor Suarez: Not quite that high.
Ms. Youngblood: ... you know, about that, because that really remains to be
negotiated later on. But it's a - as you know, the Japanese companies work in
a very tedious way and they have to go step at a time. And at this point,
they need the intent, the commitment...
143 July 23, 1987
Mayor Suarez: Very good.
Ms. Youngblood: ... from the City for the intent.
Mayor Suarez: I'll entertain a motion - I'll entertain a motion to that
effect.
Mr. Dawkins: So moved.
Mayor Suarez: Moved and seconded.
Mr. Carollo: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-742
A RESOLUTION DECLARING THE CITY OF MIAMI'S DESIRE AND
INTENT TO SUPPORT THE RESTORATION, OPERATION AND
MAINTENANCE OF THE JAPANESE GARDENS LOCATED ON WATSON
ISLAND FOR USE AND ENJOYMENT OF THIS UNIQUE CULTURAL
RESOURCE BY THE RESIDENTS OF THE CITY OF MIAMI.
Upon being seconded by Commissioner Carollo, 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. Dawkins: Mrs. Youngblood, I did not mean American citizens. I meant
contractors who do not live in Miami.
Ms. Youngblood: Yes. Yes, sir. Thank you very much, Commissioners.
Mr. Dawkins: OK? All right darling. No problem, darling.
Mr. Carollo (Off mike): Thank you for all your work.
Mayor Suarez: Thank you, Agnes.
Ms. Youngblood: Thank you.
49. ALLOCATE $25,000 TO ASPIRA OF FLORIDA
Mayor Suarez: Item 47. I've been thinking about Aspira all day and... you
don't want to get passed over?
Ms. Victoria Hernandez: No. Thank you, Mayor and Commissioners. For the
record, my name is Victoria Hernandez, executive director of Aspira of
Florida, located 2902 N. W. 2nd Avenue in Wynwood, Miami. And I'm here before
you to today really in the name of the over 2,000 disadvantaged Hispanic and
minority youths who have been served in Aspira's school dropout prevention
leadership development program in the last six years.
Mr. Carollo: Can I simplify this?
Ms. Hernandez: Sure.
144 July 23, 1987
Mr. Carollo: (Off mike and on mike): I make a motion that we fund this on a
one time basis.
Mr. Plummer: Second.
Mayor Suarez: We have a motion, a second, a third, a fourth and a fifth and a
City Manager that's not going to raise any objections.
Mrs. Kennedy: It's really a great program and we also afford it.
Mr. Odio: I have to say this comes from social services. We have no funds
there just like we didn't for the other program and the Jewish and I'm
recommending against it because we really don't have these funds.
Mr. Carollo: Well... you could take it out of some other monies that we gave
today that some of the people aren't even in the City of Miami.
Mayor Suarez: Any further discussion? I am sure this Commission is not going
to want to tell the Manager if he should reduce his salary or some of his own
staff or anything like that. We'd just figure out some other way, I'm sure,
of handling this. Any further discussion?
Mr. Odio: Let me - I don't want...
Mayor Suarez: Mr. Manager.
Mr. Odio: I don't think I want to answer that, Mr. Mayor.
Mayor Suarez: No.
Mr. Carollo: Well, Mr. Manager, let me say this to you since there's so much
talk about your salary going on all the time. You're the top administrator in
this community who is being paid the least out of all the major ones. But at
least we know what your salary is. I wish we could know how much others make
every year.
Mayor Suarez: Call the roll.
Mr. Plummer: Well, let's see. If we abolish the DDA, executive director and
make the Manager the executive director, we save $106,000 there.
Mr. Carollo: I'll go along with that one.
Mr. Plummer: What is the motion on the floor?
Mr. Carollo: Either that or maybe the Mayor's office could go to the same
salary level that our offices are at.
Mr. Plummer: That's - we'll address that at budget time because I still want
to know, Mr. Manager, I have gone to my office many times and you have me in
the budget as having four people last year and four people this year and
except for your staff that comes in and steals coffee and cake and the City
Attorney, I can't count but two. Now where the hell's the other two?
Mr. Odio: Well, you saved that money. You have the positions allocated to
you.
Mr. Dawkins: At the funeral home.
Mr. Plummer: Sir, I did not have four last year to save.
Mr. Odio: I know.
Mr. Dawkins: At the funeral home!
Mr. Plummer: At the funeral home, yes.
Mr. Odio: That is not true. No. With all the people floating around here,
that is not true.
145 July 23, 1987
Mr. Plummer: I keep reading in the budget book that I got four employees. I
want to know where the hell they are.
Mr. Odio: You have positions allocated but that doesn't mean you have them,
Commissioner.
Mayor Suarez: Call the roll. Forty-seven.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-743
A RESOLUTION ALLOCATING $25,000 FROM THE SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO ASPIRA OF
FLORIDA, INC. TO IMPLEMENT ITS YOUTH LEADERSHIP
DEVELOPMENT PROGRAM; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY 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 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. Plummer: Go away and sin no more.
Mayor Suarez: You're very eloquent.
Ms. Hernandez: Thank you very much.
Mayor Suarez: Victoria, take care.
Mr. Plummer: Don't hold your breath till you get the check around here.
50. REALLOCATE FUNDS PREVIOUSLY GRANTED TO BLACK ARCHIVES HISTORY AND
RESEARCH FOUNDATION FOR THE RELOCATION OF THE ARTEMUS BROWN HOUSE AND THE
HISTORIC OVERTOWN FOLKLIFE VILLAGE
Mayor Suarez: Item 48, Dot Fields or representative.
Mr. James Evans: Thank you, Honorable Mayor and Commissioners. I'm here
today to simply... oh, excuse me, James Evans, 5400 N. W. 22 Avenue, Miami,
Florida. I'm here today on behalf of the board of trustees of the Black
Archives Foundation to simply give you an update and a status report on our
progress toward the reality of the Overtown Historic Folklife Village. We are
now beginning to see that particular project take on some form or reality
after many years of meetings and talking. With the assistance of the City of
Miami's Department of Development, we have been able to prepare a one sheet
promotional flyer which is included in the Southeast Overtown Park/West
redevelopment marketing packets. We have secured from the National Endowment
of the Arts a $17,000 grant to prepare design guidelines for the two block
area. Also, we have received from Metro Dade County a grant in the amount of
$45,000 to actually contract with Florida Memorial College for student
researchers and project supervisors to actually do some form of research on
the structures in the two block area that contains some sort of historical
146 July 23, 1987
and/or architectural significance. Also, we have been awarded $150,000 grant
from the State of Florida to...
Mayor Suarez: You say - what amount?
Mr. Evans: One hundred and fifty thousand. From the State of Florida to
begin the process of acquiring and rehabilitating the Lyric Theater which is
adjacent to the Historic Village, boundaries of the Historic Village. And, of
course, we are diligently seeking other sources of funds to actually begin
stabilizing some of the structures in the Overtown Historic Village. And, or
course, that brings us up-to-date on the Village. Also, eight months ago,
approximately eight months, the City Commission adopted a resolution awarding
through the Department of Development, $25,000 for the relocation of the
Artemus Brown house located in Overtown. And, of course, we are now back
asking that the Commission reprogram the remaining balance to actually promote
the Historic Overtown Folklife Village.
Mayor Suarez: What specifically do you want us to do? Do we need to do?
Mr. Evans: Actually, reprogram, since it is nonfeasible now to relocate the
Artemus Brown house, we would like to have the remaining balance of the
425,000 reprogrammed to promote the Historic Overtown Folklife Village.
Mayor Suarez: What's the Manager's recommendation? Mr. Manager, on the
reprogramming of the funds for the Brown house?
Mr. Odio: We feel that this money should be used for the Overtown Folkloric -
Historic Folkloric Village.
Mr. Evans: Folklife.
Mr. Odio: Folkloric Village.
Mr. Odio: And not for the Brown house.
Mayor Suarez: That's exactly what I understood him to have requested just
now. So we're in agreement, right?
Mr. Odio: No, the request that we had was to use it - promote the Brown
house.
Mayor Suarez: No, he just said to reprogram it to be used for the
Folkloric...
Mr. Odio: Well, we recommend that it be used for the Overtown Historic
Folklife Village.
Mayor Suarez: That's what he just asked for.
Mr. Evans: Right.
Mr. Odio: Good.
Mrs. Kennedy: OK, so I so move.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
Ms. Anne Marie Adker: Hey, just a minute before calling the roll.
Mayor Suarez: What? You going to oppose it?
Ms. Adker: I need some clarification on the Folklife or Folk Village.
Mayor Suarez: Would you give us your name and address? Although that machine
probably prints out your name automatically when it hears your voice.
Ms. Adker: Anne Marie - OK, all right now I'll do that.
147 July 23, 1987
Mayor Suarez: Anne Marie Adker, give us the...
Ms. Adker: 407 N. W. Sth Street and that is in Overtown.
Mr. Plummer: Wait just a minute, that's...
Mr. Dawkins: Right near Brother Paul's property.
Mr. Plummer: ... that's Mayor Adker.
Ms. Adker: That's right.
Mr. Plummer: That's Mayor Adker.
Ms. Adker: Amen. The reason I'm asking that you clarify the Folklife Village
is because the City has not endeavored to buy any properties in there as yet.
How are you going to allocate - what would this money go to?
Mayor Suarez: Good question.
Ms. Adker: Another thing, through no fault of Mr. Evans and I cast no stones
toward him, but I have a problem with the Black Archives. We have the Dorsey
house that has been with the Black Archives for a number of years now. The
Artemus Brown's house just came up the other day and we knew that that could
not be moved when that was proposed. But the Dorsey house is located right in
the vicinity of the Folklore Village and why wasn't that restored? I think
the Overtown advisory board should be appointed by this Commission as the
monitoring mechanism for the Black Archives.
Mr. Evans: OK, the question was asked, what would this remaining money be
used for?
Mayor Suarez: Right.
Mr. Evans: It would actually be to perform structural analysis report. There
are some remaining structures in the village that would need that type of
services prior to our knowing exactly how to stabilize any structures in the
village. And, of course, for promotional and marketing brochures advising the
community and the City of Miami residents alike what will be taking shape in
the two block area. And, of course, I think that the remaining amount of
funds left to expend on that is in the neighborhood of $18,000.
Mr. Matthew Schwartz: We would recommend...
Mayor Suarez: Sounds like marketing and publicity basically. Matthew.
Mr. Schwartz: We would recommend that if we could meet sometime before the
September Commission meeting with the Black Archives and the O.A.B. and come
out with a definite program on the utilization of these funds and come back...
Mayor Suarez: OK, bring in the concerns and the input of the Overtown
Advisory Board.
Mr. Schwartz: Yes, sir.
Mayor Suarez: OK, with that proviso, I'll entertain a motion.
Mrs. Kennedy: I so move.
Mayor Suarez: Moved. Do we have a second? Jocko, you can't second.
Mr. Carollo (Off mike): Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
148 July 23, 1987
2
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 81-744
A RESOLUTION REALLOCATING 11TH YEAR COMMUNITY DEVELOPMENT
FUNDS PREVIOUSLY ALLOCATED TO THE SOUTHEAST OVERTOWN/PARK
WEST PROJECT FOR THE RELOCATION, RECONSTRUCTION, MARKETING
AND PROMOTION OF THE ARTEMUS BROWN HOUSE, SAID FUNDS BEING
REALLOCATED FOR THE PLANNING AND IMPLEMENTATION OF THE
OVERTOWN HISTORIC FOLKLIFE VILLAGE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
Mayor Suarez: Mr. Evans, thank you.
Mr. Evans: Thank you.
51. CLOSE STREETS, ESTABLISH PEDESTRIAN MALL FOR LABOR DAY WEEKEND SHOPPING
EVENT
Mayor Suarez: Forty-nine. Chamber of Commerce, Coconut Grove.
Mr. Carollo (Off mike): Move.
Mr. Richard Chimelis: May name is Richard Chimelis and I am here as the
chairman of the Grove Merchants Association of the Coconut Grove Chamber of
Commerce. We sent a letter to the Mayor and Commissioners and the City
Manager...
Mr. Dawkins (Off mike): You asking for $2,000?
Mr. Chimelis: We're asking for two things: We're asking for a restriction of
retail vendors, with the exception of street performers and artists in the
Village area, you know, on the streets we're asking to close and two block
radius surrounding and due to the fact that we weren't informed until Tuesday
that we would be required to have five police officers for this event...
Mr. Carollo: Well, let me say this to you, try to expedite this.
Mr. Chimelis: Yes, Commissioner.
Mr. Carollo: I approve your request and in the approval we will be
instructing the City administration to work it out with the Police Department
to assign on -duty officers from this area to keep special watch over the
streets and area that are to be used.
Mr. Chimelis: That's what I was going to suggest.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. There's certainly enough on -duty
officers...
Mr. Carollo: Yes.
149 July 23, 1987
Mayor Suarez: ... in that general area.
Mr. Plummer: Under discussions, where are the profits going?
Mr. Chimelis: There are no profits other than the individual merchants having
a sale. We are not selling anything on the street.
Mr. Plummer: You're not charging for the booths?
Mr. Chimelis: We are just creating a mail environment, that' it.
Mr. Plummer: You're not charging for the booths.
Mr. Chimelis: There are no booths.
Mr. Plummer: OK.
Mr. Chimelis: We are just having street performers and closing the streets
for, you know, walking traffic.
Mr. Plummer: Fine.
Mr. Carollo (Off mike): OK, there is a motion; there is a second.
Mr. Plummer: Well, what number is this?
Mayor Suarez: Moved and seconded. Any discussion?
Mr. Plummer: What number is this?
Mr. Carollo: Hearing none.
Mayor Suarez: Forty-nine. Going once.
Mr. Dawkins: So what ----- forty-nine.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-745
A RESOLUTION CONCERNING THE LABOR DAY WEEKEND SHOPPING
EVENT TO BE CONDUCTED BY THE COCONUT GROVE CHAMBER OF
COMMERCE ON SEPTEMBER 6, 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 DEPARTMENT 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.)
150 July 23, 1987
Upon being seconded by Commissioner Dawkins, the resolution vas 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.
ASSENT: Commissioner Rosario Kennedy
Mr. Chimelis: Thank you very much.
52. AUTHORIZE EXECUTION OF LEASE AGREEMENT WITH UNITED STATES OF AMERICA FOR
THE A.G.S.A. BUILDING (LAW ENFORCEMENT TRUST BUILDING)
Mr. Odio: Mr. Mayor, could we take item 257 We have some people here from
out of town. They need to...
Mayor Suarez: What is 25? We passed it over in the morning?
Mr. Odio: Yes, sir, we did.
Mayor Suarez: Was it at any particular Commissioner's request? And if so,
has that Commissioner been satisfied?
Mr. Odio: There was no - we were finalizing the draft of the agreement and
that's what we asked.
Mayor Suarez: Oh, that's the GSA building? Oh.
Mr. Odio: GSA building and we are ready now...
Mr. Carollo: Move. Well, before I make a motion to approve it, I just wanted
the City...
Ms. Hirai: Commissioner.
Mr. Carollo: ... Attorney to verify for us if all the legal aspects that had
concerned the Legal Department have been met.
Mrs. Dougherty: Yes, sir, Mr. Commissioner, we have been negotiating with GSA
up to this very minute. We are satisfied that the City is as protected as we
can possibly be protected and we recommend the contract.
Mr. Carollo: The City of Miami's protected on any costs overruns?
Mrs. Dougherty: Yes, sir.
Mr. Carollo: And the City of Miami's protected on any possible liabilities on
us?
Mrs. Dougherty: We have the right to designate the amount of insurance and if
the insurance is not purchased for any reason or cannot be purchased, then the
contract is terminated and they assume the debt.
Mr. Carollo: Very good. Nov that we have that on record, I would like to
move it.
Mr. Odio: Mr., before you vote, could I have John Gilbert representing E.
Clay Shaw.
Mr. Carollo: Gilchrist. Gilchrist's what they called him in Taiwan when he
went with us.
Mr. Odio: No, Gilbert. He brings a letter from Congressman E. Clay Shaw.
151 July 23, 1987
Mr. John Gilbert: I'm John Gilbert, district rep for Congressman Shaw. I'd
like to read a letter from Congressman Shaw to Mayor Suarez. I would like to
express my support...
Mr. Plummer: Oh, well, the rest of us will leave than.
Mr. Gilbert:
"I would like to express my...", to the Commission - I would like
to express my support for the ----- joint development between the
City and Federal government which would provide a new 250,000
square foot facility in downtown Miami and to house Federal
agencies. It has been my pleasure and honor to work with you and
the Commission, the South Florida Congressional Delegation, Chief
Judge James Lawrence King, Administrator Terrence Golden and many
other individuals who have brought this project to fruition. This
facility is desperately needed and will provide substantial
benefits both to City and Federal government. This is a unique
project for the Federal government. It represents the type of
partnership which should be pursued throughout the country. I
commend you for your leadership you have demonstrated. I urge the
City's approval of this important and worthwhile development
proposal. If I can be of any assistance in any way, please do not
hesitate to call on me. Best wishes. I remain, sincerely, Clay
Shaw."
Mr. Plummer: Mr. Mayor, I'm going to second the...
Mayor Suarez: Thank - let me just tell him to thank the Congressman on behalf
of the Commission and it is true that many different entities have worked
together on something and let's see if it comes to fruition. I believe it
will. Mr. Vice -Mayor has an important proviso to add here.
Mr. Plummer: Mr. Mayor, I second the motion. I would like to ask the maker
of the motion to accept the amendment since the last draft was just given to
us...
Mr. Carollo: That's correct.
Mr. Plummer: ... at this Commission meeting, that I would want a one week
veto by any Commissioner that has to raise a question. If they raise a
question, it would have to be rescheduled. If they do not raise a question,
it is approved in 7 days.
Mr. Carollo: I have no problems in approving it under those conditions. I
just want to make sure that's not going to hamper any contracts that you might
have to set out...
Mr. John Gilchrist: Commissioner, what we were hoping to do was to be able to
move forward with the appraisals. Because we're protected on the cost of
them.
Mr. Carollo: OK, OK so that wouldn't...
Mr. Gilchrist: So, we're OK.
Mr. Carollo: That's fine, I'll accept that.
Mr. Plummer: We're getting all of our money back on the appraisals.
Mr. Gilchrist: Yes, sir. Every penny on anything.
Mr. Odio: Sir, every penny.
Mr. Carollo: I'll accept that. Yes.
Mr. Plummer: And let me ask another question. These are some of the
questions that are burning in my mind. How long do they have - this is going
to go out, as I understand it, the City is building it.
Mr. Gilchrist: Sir, there are alternatives here. Alternative ways of doing
it could be privatized or the City could do it. In other words, we could put
it out for UDP for the construction of the building or for the making of the
building.
152 July 23, 1987
Mr. Plummer: Well, but, you know, when we give you leeway, how do we know
exactly whats...
Mr. Gilchrist: We will come back to you when we've gotten the appraisals on
the property and we see what the whole - lay of the land is.
Mr. Plummer: All right. Then, in fact, if we go the procedure that the City
Is the developer, then it would go through normal City bidding procedures.
Mr. Gilchrist: That's correct, sir.
Mr. Plummer: What happens, if, for whatever reason, they go in default?
Mr. Gilchrist: I would like Chris Korge to answer that, sir.
Mr. Plummer: Are you telling me that the long term lease - that they are, in
fact, giving us adequately pays off any indebtedness in how many years and how
long is the lease?
Mr. Gilchrist: Yes, sir. OK, at any time along the way also and I think
Chris may want to recite that to you but in any - any expense we have at any
moment in time, if they default and they're out, they pay us for all those
expenses. And, in addition, you know, if we have purchased the land for
instance and they decide not to move forward, they buy that land.
Mr. Plummer: What, what...
Mr. Gilchrist: Let me also tell you that we have...
Mr. Plummer: See, I'm worried also about subleasing.
Mr. Gilchrist: Essentially it's going to be - their intention is to house the
government, Federal government.
Mr. Plummer: OK, but the day comes where they build this unit and what about
subleasing? Is there a clause in there that they cannot sublease to the
private sector?
Mr. Gilchrist: Before we - I want Chris to answer those, but let me just tell
you, we have Ed Davis here as assistant regional administrator of GSA and Tom
McGuire who is the regional director of planning and they may want to be part
in answering you here.
Mr. Plummer: No, you made the contract. I'm asking you.
Mr. Gilchrist: I would like Chris to answer that question.
Mr. Chris Korge: They would have the ability to sublet, yes.
Mr. Plummer: To a private individual?
Mr. Korge: I believe my recollection of the agreement is yes, they would have
the ability to sublet to a private individual.
Mr. Gilchrist: We have not prevented that I would tell you, in the agreement.
Mr. Plummer: What happens if they sublease for a lot more on square footage
than what they're paying us? Then they're the benefactors?
Mr. Korge: Their only obligation under the agreement is to pay the - to cover
all costs and to amortize those costs over a thirty year period. And by doing
that in their lease payment, they pay their lease payment, that covers all our
costs over a thirty year period, all project costs. We do not receive a
profit in any way, shape or form.
Mr. Plummer: How long is their lease?
Mr. Korge: It's thirty - after thirty years, they will have paid us all of
our project costs back except for - they can renew their lease for two
additional twenty year terms.
153 July 23, 1987
Mr. Plummer: At whose option?
Mr. Korge: At their option.
Mr. Plummer: is there a determined fee?
Mr. Korge: After thirty years their only rental would be additional rental
which will include...
Mr. Gilchrist: Be negotiated at that time.
Mr. Korge: ... any out of pocket costs and insurance costs because we pay the
insurance costs and they reimburse us for that.
Mr. Plummer: If, at the end of thirty years, they don't renew it, is the
building revert back to us?
Mr. Korge: They have an option at that time to either take title to the
property for a nominal fee of $100; they just take title to the property or
they can move out and not exercise their option. The whole - the thrust of
the entire agreement is that the City is not to make, and it expressly states
in here a profit for doing this. We're just acting as a middleman essentially
to facilitate the development.
Mayor Suarez: Are we at the point at which we have to decide whether the
entire risk will be borne by the bidder in a UDP process. We're not yet at
that point. We're just simply agreeing to the form of the lease, right?
Mr. Gilchrist: Right.
Mayor Suarez: OK. When are we going to be present...
Mr. Plummer: I'm concerned still about after the first thirty years. Are
they paying us strictly a square footage rental after the first thirty years?
Mr. Korge: No, sir, they do not pay us a rental at all. The only thing that
they're reimbursing us for, after thirty years, is to pay the insurance costs
that we pay. They have the total responsibility for repairing, maintaining,
and replacing any part of the building or the building in itself in the event
of a casualty loss. Once the building is built, we have really no right to
entry. We're really out of it for all intents and purposes except for the
payment of insurance and protecting ourselves accordingly.
Mr. Plummer: I guess I'm really concerned in my fears expressed over a
seventy year contract. Thats...
Mr. Gilchrist: Yes. May I say something. What I and I'm going to ask Ed
Davis to expand on that, but my understanding of their intention is to acquire
the property by the end of thirty years. If there was some reason that they
were restricted by Federal legislation, they wanted the option to continue on
a lease basis. And, Ed, you may want to expand on that.
Mr. Plummer: As long as it's spelled out in the contract.
Mr. Ed Davis: Yes, that's absolutely correct. The only reason we had the
options in there for the additional time is if, at the end of that time for
whatever reason, there is legislation which prohibits us from taking title,
but once we've paid off all the indebtedness for financing the project, then
obviously we'd want to take title. We will - the agreement clearly states
that the government will reimburse the City for any and all costs under
virtually every circumstance that can be imagined.
Mr. Plummer: Where did the figure of $30,000,000? How did you come about
that?
Mr. Davis: There was an estimate made. The building is 250,000 feet It was
a ball park estimate of $100 a square foot for construction and $5,000,000 for
land. In round figures, we came up with a total of thirty million. It is
adjustable. The price is adjustable once we look at the price of the land, if
it's down, we can adjust the thing down...
Mr. Plummer: How high is the building?
154 July 23, 1987
Mr. Davis: Eight...
Mr. Gilchrist: Go ahead.
Mr. Davis: A basement and 8 stories.
Mr. Gilchrist: It's proposed for that but it hasn't been designed yet.
Mr. Plummer: OK, but what I'm really may - I guess the question I'm really
asking is, is that the best utilization of that land? As we know, the
buildings in that area are going 20 and 25 floors. Now, you know, would it be
better - I'm merely asking of the City to consider having something more go in
there because once you build a building, you're not going to increase it under
normal circumstances because when you put your footings in, you put them in.
Mr. Gilchrist: Yes, this is a very special condition where they are seeking a
secure facilities.
Mr. Plummer: A higher building doesn't make it unsecure.
Mr. Gilchrist: For - no, just a second. They want a free standing building
which is not a part of any larger development it's on. They want this to
be...
Mr. Dawkins: Oh, to what - why are we doing this and what is the City going
to get out it, Mr. Gilchrist?
Mr. Gilchrist: We're doing, I think, several...
Mr. Odio: Commissioner, the fact we are providing a service to the Federal
government. We are providing a safe...
Mr. Dawkins: I do that when I pay my taxes.
Mr. Odio: We don't have to do it but we felt that...
Mr. Dawkins: OK, thank you. OK.
Mrs. Kennedy: I was out of the room for part of the discussion. Who's going
to be responsible for cost overruns?
Mr. Odio: They are.
Mr. Gilchrist: They are. They are totally...
Mrs. Kennedy: They are. OK. And have you settled the insurance?
Mr. Odio: Yes, we have.
Mr. Gilchrist: Yes, yes, ma'am.
Mrs. Kennedy: OK.
Mr. Plummer: Where is the money coming from initially to build the building?
Mr. Gilchrist: We're looking at several options. We could totally
privatize - please - the agreement has the ability to do this under UDP
including the acquisition of the land. If we were to use bonds, revenue
bonds, to build it. They are required to be taxable bonds and can only look
to the debt service from the rent of the Federal government. There's no
exposure from the City on that.
Mr. Korge: The Law Department after revisiting all the clauses and
redrafting, we feel comfortable that the City that we have eliminated
financial risk in the way of cost overruns and we have minimized, as much as.
legally possible, the potential liability for the City. We have control over
the amount of insurance.
Mr. Plummer: Well, all right - on the record, there is absolutely no way the
City of Miami can lose a penny in this venture.
155 July 23, 1987
Mr. Gilchrist% I would like them to say it, but yes, sir, on the record...
Mr. Plummer: You wrote the contract.
Mr. Gilchrist: ... I, 1 would say, yes. But here's the Federal government...
Mr. Dawkins: OK, then let me ask a question, J.L. If there is no project and
If there is not project budget, how do you know what it's going to cost and if
there will be a cost overrun or what have you?
Mr. Gilchrist: Sir, they made an estimate and I made an estimate to the best
of our ability and have determined - before you laugh too much, J.L.
Mr. Plummer: I've seen your estimates earlier today.
Mr. Gilchrist: ... that - you talking about Bayfront Park again? That...
Mr. Plummer: Don't even speak of that one.
Mrs. Kennedy: Yes, don't even bring it upl
Mr. Gilchrist: ... that we - in order to determine a price to put in the
contract as a goal. If, for any reason, in this process, the - is determined
what the actual cost is and it is up or down over that, we amend the contract.
And we have agreed beforehand to do that.
Mr. Plummer: That's her question.
Mrs. Kennedy: Yes, exactly.
Mr. Plummer: My question: since the City does not stand to make revenue of
one penny, I want an assurance that the City does not stand to lose one penny
in this venture.
Mr. Gilchrist: I'm willing to give that assurance. I think you have to hear
it from Chris.
Mr. Korge: The, well - the only potential liability, one of the problems that
we had which I think we have resolved, is the Federal government was unable to
indemnify the City so to resolve that issue what we did was we, the City, have
total control over the amount of insurance. If, at any time, the amount and
coverages of the insurance was unacceptable which we selected and, they have
to of course be reasonable, which we chose and we think protects our interest,
then the Federal government would - if they would not agree to that amount,
because they have to pay it directly, they would then have no other choice but
to terminate this agreement and pay all the debt service that was out
remaining and make us completely whole and reimburse us for any outstanding
costs that we have.
Mr. Dawkins: Is it necessary that this be done today?
Mr. Korge: I can't answer that for you.
Mr. Gilchrist. Well, we're trying - you know we've been trying to move this
forward for a long time and we would like to see it happen - what, all that...
Mr. Dawkins: Yes, but see you gave me this today.
Mr. Gilchrist: No, sir.
Mr. Plummer: No, no, no. Here - here, here.
Mr. Gilchrist: Commissioner Dawkins.
Mr. Plummer: All of these today.
Mr. Gilchrist: Commissioner Dawkins, what Commissioner Plummer proposed was
that you have additional time to review it. What I was simply trying to do
was to get the ability to go out and get the appraisals done.
Mr. Plummer: Final question. Is there a time limitation in which they must
exercise a building permit?
156
July 23, 1987
Mr. Korge: At this point, there is not.
Mr. Gilchrist: No, no there isn't.
Mr. Plummer: When it's not acceptable to me.
Mrs. Kennedy: We should have that.
Mr. Gilchrist: But we simply put that in. They won't have any problem with
that.
Mr. Plummer: Well, you know, you've told me that before.
Mr. Gilchrist: They're standing here, sir. And I...
Mr. Plummer: Well, tell me what is a reasonable time. I'm reasonable, but I
say that they have got to draw a permit by X date. Now what's reasonable?
One year? Is that reasonable?
Mr. Gilchrist: We have to acquire the land to - so that's why I want to make
sure that we're saying before I answer you...
Mr. Plummer: A year and a half?
Mr. Gilchrist: I want to make sure. Just one second.
Mr. Dawkins: One year from the day they acquire the land, J.L.
Mrs. Kennedy: Yes, one year from the day they acquire the land is reasonable.
Mr. Plummer: No, because that can get into courts for five or six years.
Mr. Gilchrist: They would say twelve or eighteen - twelve months is fine.
Mr. Plummer: All right.
Mr. Gilchrist: The whole purpose of doing this was to expedite getting them
the - you know, OK.
Mr. Plummer: That's fine.
Mr. Korge: I would...
Mr. Plummer: You know what happens in court actions, OK?
Mr. Gilchrist: Yes, sir.
Mr. Plummer: I would amend...
Mr. Gilchrist: Do you have a problem?
Mr. Korge: Eighteen months.
Mr. Plummer: I would amend...
Mr. Gilchrist: Eighteen.
Mr. Plummer: Twelve.
Mr. Gilchrist: You talk to your attorney...
Mr. Korge: Well, the only problem, Commissioner...
Mr. Plummer: Fourteen.
Mr. Korge: Fifteen.
Mr. Plummer: Fifteen.
Mr. Korge: Fifteen and a half.
157 July 23, 1987
Mr. Plummer: I make an amendment that a building permit must be drawn within
fifteen months from today or this whole matter must be brought back to this
Commission for further action.
Mr. Gilchrist: That's fine, sir.
Mr. Dawkins: Second.
Mr. Plummer: That's all the questions I have today. 1 hope these gentlemen
would be available if I have others.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-746
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE UNITED STATES OF AMERICA AND THE
CITY OF MIAMI SETTING FORTH THE TERMS AND CONDITIONS
FOR THE CITY TO CONSTRUCT AND LEASE TO THE UNITED
STATES OF AMERICA AN APPROXIMATELY 250,000 SQ. FT.
BUILDING TO HOUSE THE U.S. ATTORNEY'S OFFICE AND OTHER
FEDERAL LAW ENFORCEMENT AGENCIES IN MIAMI TO BE
LOCATED ON A REAL PROPERTY SITE OWNED OR TO BE
ACQUIRED BY THE CITY BETWEEN NE 4TH AND 5TH STREETS
AND NE 1ST AND MIAMI AVENUES FOR A PERIOD NOT TO
EXCEED THIRTY YEARS WITH RENEWAL OPTIONS BY THE UNITED
STATES OF AMERICA; PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk
Upon being seconded by Commissioner Dawkins, 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.
Mayor Suarez: Thank you very much for all the work you've put into this. Do
you want to make any...
Mr. Davis: Thank you, air.
Mayor Suarez: Yes.
Mr. Davis: Could I say we'd like to thank the Commission for passing this and
we particularly want to thank the City Manager, Mr. Gilchrist, Mrs. Weintraub,
Mr. Bailey, Mr. Korge and Mr. Copelan for all their help on this project.
Thank you very much.
Mayor Suarez: Thank you.
Mr. Carollo (Off mike): Certainly. You can express our thank you to the
Congressman for all the work and effort he put into this.
Mr. Plummer: He must be a Republican.
Mr. Carollo: Absolutely.
Mr. Plummer: Ahhhhh.
158
July 23, 1987
-----------------------------------------------------------------------------
53. ALLOCATE $3,000 TO MIAMI NIGH SHAKEY RODRIGUEZ BASKETBALL CAMP
Mr. Dawkins: I got a special item I'd like to do here just before...
Mayor Suarez: Commissioner.
Mr. Dawkins: ... if you got permission. Will the coach from the Miami High
come forward please. Joe and all fellow Commissioners, last year we gave
$3,000 to - I mean gave some money to have a summer basketball clinic in which
all youngsters participated from all over the City of Miami. And I don't know
if that's why they brought the championship back or not, but this year I'd
like to move that - how long does the clinic last?
Mr. Marcos Rodriguez: We intend to run it for as much as two weeks which is
an added week from last year which we had it for one week and it was very
successful.
Mr. Dawkins: And you had youngsters from where? Tell us so they'll know
because I know where they were from but tell us...
Mr. Rodriguez: We had kids from the inner city area, Overtown area, downtown,
Little Havana...
Mr. Dawkins: Wynwood.
Mr. Rodriguez: We even drew some kids from the west side of the City.
Mr. Dawkins: And Wynwood.
Mr. Rodriguez: Excuse me?
Mr. Dawkins: Wynwood. Wynwood. We had kids from Wynwood too.
Mr. Rodriguez: We had - yes, we did. We even had some - it was a coed type
of thing. We had some young ladies also attend the camp.
Mr. Dawkins: So I make a motion that we give them $3,000 again this year to
hold a camp...
Mr. Carollo: Second.
Mrs. Kennedy: I second. I love a winning team.
Mr. Odio: Not if they beat Columbus.
Mr. Carollo (Off mike): Second.
Mr. Rodriguez: Well, thank you very much.
Mayor Suarez: Moved and seconded. There is some bad blood between Miami High
and Columbus since the Manager apparently has some allegiance to Columbus.
Mr. Plummer: Yes.
Mr. Odio: Yes, I don't know if I...
Mr. Rodriguez: Well...
Mayor Suarez: You guys make sure you win the State Championship again.
Mr. Plummer: Where did the Manager graduate from?
Mr. Odio: My son went to Columbus.
Mr. Plummer: Where did the Manager graduate from?
Mr. Odio: Culver Military Academy.
159 July 23, 1987
4 0
Mr. Dawkins: The Rowing Club.
Mr. Plummer: Yes, well i graduated from Miama High.
Mr. Odio: Miami High? Miama...
Mrs. Kennedy: Miama.
Mayor Suarez: It was named Miama at the time.
Mr. Rodriguez: Well, we're going to - Mr. Odio won't be so upset, one of our
players just signed to play for his son at Dade South so hopefully that will
make things a little bit better.
Mr. Plummer: Conflict of interest.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-747
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $3,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE MIAMI HIGH SHAKEY RODRIGUEZ
BASKETBALL CAMP TO BE CONDUCTED AUGUST 10-21, 1987 AT
MIAMI SENIOR HIGH SCHOOL; SAID ALLOCATION BEING
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
Upon being seconded by Commissioner Carollo, 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. Rodriguez: Well, thank you very much.
Mayor Suarez: Take care, Shakey.
54. BID ACCEPTANCE OF TEL-CAR CORPORATION FOR DIGITAL PAGERS (See label 09)
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, can I...
Mayor Suarez: Yes, Mr. Vice -Mayor.
Mr. Plummer: Since I was the stumbling block this morning on item 7 with the
beepers, we have explored; there are reasons that we in the future might look
into to reduce cost, but at this time it's been justified and I so move seven.
Mr. Carollo: OK, second.
Mayor Suarez: What item was it?
Mr. Plummer: The beepers.
160 July 23, 1987
4 19
Mr. Carollo: The beepers.
Mr. Odio: Item seven.
Mayor Suarez: Item seven. Moved and seconded. Any discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-748
A RESOLUTION ACCEPTING THE BID OF TEL-CAR CORPORATION
FOR FURNISHING DIGITAL PAGERS ON A RENTAL BASIS FOR
ONE (1) YEAR. RENEWABLE ANNUALLY, SUCH PAGERS TO BE
USED PRIMARILY BY THE POLICE DEPARTMENT'S TASK
FORCE/STREET NARCOTICS UNIT AND SPECIAL INVESTIGATIONS
SECTION, TO THE DEPARTMENT OF POLICE AT A TOTAL
ESTIMATED FIRST YEAR COST OF $18,748.80; ALLOCATING
FUNDS THEREFOR FROM THE CITY OF MIAMI LAW ENFORCEMENT
TRUST FUND ACCOUNT CODE #290908-610; 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
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote-
161 July 23, 1987
W
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.
55. DISCUSSION CONCERNING THE COST OF METRORAIL AND THE PEOPLE MOVER
Mayor Suarez: Erny.
Mr. Erny Fannotto: Erny Fannotto is my name. I'm president of the Taxpayers
League, Miami and Dade County and also the 25,000 Homestead Tax Exemption
League of Dade County. I'm here speaking in the interests of the taxpayers of
the City of Miami. City of Miami paid County taxes and I want to give - I
want this in the records and give each Commissioner, the Manager and Attorney
a copy of the debt that's outstanding. And I'll read it to you first.
Friday, March the 6th, 1987, the Miami Herald. Dade debt is second highest in
the nation. Dade County owes more money, one billion, ninety-three million
than any other county in the United States. Harris County, Texas, the Census
Bureau reported Thursday.
Mr. Carollo: Excuse me. Erny, do you know why this is the case?
Mr. Fannotto: Yes, well I...
Mr. Carollo: You know why? I'll tell you why.
Mr. Fannotto: Why?
Mr. Carollo: It's all those County Commissioners are always listening to the
Miami Herald, that's why.
Mr. Fannotto: Well - yes, well let me just go through this again. Now Dade
County owes 2 billion, 18 million. The largest sum they've ever owed in the
history of this county. And the second highest in the country. I just want,
as evidence, I want this to stay with the County Commissioners so you can't
say that you haven't been told.
Mr. Carollo: What does that have to do with us, Erny?
INAUDIBLE RESPONSE NOT IN THE PUBLIC RECORD.
Mayor Suarez: In a few minutes? What do you mean in a few minutes? The
whole thing will take a few minutes, Erny. That's all we've got.
Mr. Plummer: That dirty Dade County.
Mr. Carollo: One point nine three billion?
Mr. Plummer: Erny, are you telling me that Dade County is this bad?
Mr. Fannotto: That's the national census figures.
Mr. Plummer: Those dirty devils.
Mr. Fannotto: Now here we go and let me just show you why Metrorail and
Metrobus and the Metromover. But the two highest reasons for paying high
taxes in Dade County which will probably run into close to $200,000,000 (two
hundred million dollars) has been Metrorail. Metrorail, let's give an
illustration, in 1986, had a budget of thirty-nine million, eight hundred
thousand. They only took in approximately four hundred - four million. They
lost $36,000,000. They carried five million passengers. Divide that into 40;
that's $8 per budget. However, there is bond issues out for approximately
thirty-one million and the right-of-way property costs at least $125-
162 July 23, 1987
$150,000,000. And that's what caused our big debt in Dade County. Metrorail
and the Peoplemover has been the biggest dismal failure in the history of this
county. In other words, they carry nobody and they cost a lot.
Mayor Suarez: Erny.
Mr. Fannotto: Wait a minute. I'm not through, Mayor, just...
Mayor Suarez: Since - I'm going to tell you something, I'm going to tell you
something.
Mr. Fannotto: Yes, but I don't...
Mayor Suarez% Most of the problems of Metrorail were documented... wait, I'm
just going to tell you...
Mr. Fannotto: Look, I - wait, can I finish my presentation!
Mayor Suarez: Erny, I'm going to tell you something that's going to help your
presentation.
Mr. Fannotto: Yes, OK.
Mayor Suarez: And particularly, if you're getting ready to finish. One of
the best documentations of the problems with Metrorail was done precisely in
the Miami Herald in Tropic magazine. And anyone who hasn't had a chance to
read that ought to get a copy of that because it had a white elephant on top
of the...
Mr. Fannotto: I have it. I have it.
Mayor Suarez: Right. That's all I want to tell you. Go ahead.
Mr. Fannotto: Yes. Anyway, we've been fools and fooled badly. Now, the
reason I'm coming up here and giving you these figures, now the bus system
carried 60 million people. Their budget was 90 million something. They
only - it only cost about $1.55 or $1.60 to ride the buses. However,
Metrorail had eight... and it cost $8.00 per passenger, but adding on the bond
issue and the right-of-way property, it costs $14.00 every time you ride
Metrorail. So which is cheaper, a $1.55 or a $1.60 to ride the buses or
$14.00 to ride Metrorail?
Mayor Suarez: We know the answer to that.
Mr. Carollo: Well...
Mr. Fannotto: However - wait a minute, I'd like to finish my presentation
there and then you can - I'd be glad to answer any questions.
Mr. Carollo: That's the problem with attorneys, Erny, they won't let you
talk.
Mr. Fannotto: Everybody in Dade County is pushing Metrorail - they're pushing
this from the downtown in the Omni and you know what, there's about fifteen
buses go by there every two or three minutes. We need that like we need a
hole - and what, not only that, but when they build it it's going to take thre
or four years and all Biscayne Boulevard is going to tie up all the businesses
downtown because they had to come down on the other streets and you're going
to have a traffic hazard that the people won't be coming in Dade - downtown in
Miami for years. Now Dade County has approximately at least three or four
hundred million dollars in taxes that we collect and if these people are not
going to do business, that's the yardstick to reduce taxes. And who do you
think is going to pay for it? City of Miami taxpayers and Metrorail. But
what I'm driving at, Clara Oesterle, I just happened to mention her name,
she's the head of transportation has been going to Washington and blowing her
horn. But she hasn't carried anybody as far as the passengers concerned and
it's cost $180,000,000. Now, if we build more Metrorail, it's going to cost
about another hundred and thirty -forty million dollars. We can't stand it.
Now if the City of Miami taxpayers want to go broke, let them vote for
Metrorail and Metro Peoplemover. It's time for the people to know what these
figures are. That's the reason I'm here today. So you as Commissioners, if
they try to woo you to build more Metrorail and you do, you know what you're
163 July 23, 1987
doing? You're being a factor in raking the taxpayers in the City of Miami.
And the City of Miami taxpayers are paying too much now. So I'm just here
today telling you, stay away from - keep what we got, we got hooked...
Mr. Carollo: Erny, what do you want, a resolution that we go on record
that...
Mr. Fannotto: I'd like to have you folks go on record saying that you keep
what you of Metrorail, we're hooked, but don't build anymore and don't break
the taxpayers in Dade - City of Miami and Dade County.
Mr. Carollo: Well...
Mr. Fannotto: Because you pay county taxes.
Mr. Carollo: I pay City tax, I pay school board taxes...
Mr. Fannotto: I know.
Mr. Carollo: ... I pay too much taxes.
Mr. Fannotto: Well, I know you do and you're going to pay a lot more here if
this goes through and not only that, but you see that's the yardstick for all
these businesses to ask for reduction in taxes if their business declines and
it's going to decline if you reroute the people in that one street...
Mayor Suarez: OK, Erny, wrap it up please. Summarize.
Mr. Fannotto: ... and Biscayne Boulevard will be closed. What's that?
Mayor Suarez: Summarize, end it, finish.
Mr. Fannotto: I'm just going to end it by saying I'm here telling you as
Commissioners so you'll know what the figures and facts are so when the time
comes, if you want to go for Metrorail, you're walking backwards and you're
cheating and destroying the amount of monies that the taxpayers should have
here in Dade County.
Mayor Suarez: Thank you, Erny.
Mr. Carollo: Erny, when the Miami Herald campaigned for Metrorail and it won
just by a fraction of the votes, I campaigned against it, that's number one.
Number two, those elephants that the Mayor said were white in the Herald
article or magazine article, it's not so, they were red elephants, remember
that.
Mr. Fannotto: Well, I want to commend you for it. I just want to say this
here, Metrorail - me and Freeman had a whole - I had a whole page ad, our
Taxpayers League, through the help of Freeman who had the - who give us the
thoughts. We said then that the Dade County was going to go bankrupt if
Metrorail comes in. Railroads don't pay anywhere in the country, that
passengers never paid. It's the freight that kept the railroads going, but if
you are going to continue something that's a white elephant, which the Herald
said, and everybody knows, and you're going to listen to some of these
Commission...
Mayor Suarez: OK, you're getting repetitive. First it was white, then it was
red, now it's back to white elephants.
Mr. Fannotto: Well, you said it was white so, I got the article.
Mayor Suarez: OK. Check it out and see what color it is.
Mr. Fannotto: Anyway, if you're going to listen to the County Commission
who's made a political football out of the taxpayers' money...
Mayor Suarez: And please...
Mr. Fannotto: ... of the City of Miami and Dade County, then you're on the
wrong track.
Mayor Suarez: When you figure out what color it is, make sure you tell us.
164 July 23, 1987
Mr. Fannotto: I hope all you Commissioners go on record as saying, keep what
we got, let's don't build any more and if you do, you're going to break the
taxpayers of the City of Miami.
Mr. Carollo: Well, I've gone on record, Erny. I don't know about the rest of
them.
Mr. Fannotto: Well, you got the figures anyways...
Mayor Suarez: Thank you, Erny.
Mr. Fannotto: ... so you know where you're at.
Mayor Suarez: When you figure out what color it is, send it to us in writing.
Please.
Mr. Plummer: Should we appoint Mr. Fannotto as a committee of one to go down
to Metro and raise hell on our behalf?
Mr. Dawkins: Second.
Mr. Fannotto: Well, you want me to tell them that you're against it, I'm
happy to do it. And if you're...
Mr. Carollo: Well, you can tell them I am.
Mr. Fannotto: Huh?
Mr. Carollo: You can tell them I am.
Mr. Fannotto: Anybody else for it or are you against it?
Mr. Plummer: To expand it?
Mr. Fannotto: Yes, to expand.
Mr. Plummer: No way.
Mr. Fannotto: You don't want it. How about you, Commissioner Kennedy?
Mrs. Kennedy: No.
Mr. Fannotto: You don't want to expand it. How about you, Mayor?
Mr. Carollo: Maybe yes, maybe no; fifty-fifty.
Mr. Fannotto: Well, the Mayor's been a little chummy with that crowd a little
bit, but I don't think he's going to double-cross us - taxpayers of the City.
Mayor Suarez: I'm going to look at your analysis first, Erny before I tell
you my answer to that.
Mr. Fannotto: Well, you've got the - you know...
Mayor Suarez: But in writing, please. No more verbal presentations for...
Mr. Fannotto: You know what's - you know, I don't know how I can give it to
you any better than I give it to you.
Mayor Suarez: I bet you could in writing.
Mr. Fannotto: And you do have the figures - you do have the figures.
Mr. Plummer: But, Erny, take it off of the napkin and put it on typewriter
paper.
Mr. Fannotto: You do have the figures that Dade County is the second highest
debt in the nation.
Mayor Suarez: We heard that. We heard that. You gave us copies of that.
Thank you.
165 July 23, 1987
Mrs. Kennedy: Erny, I... Erny...
Mr. Carollo: Erny, do you know what the deficit is today for Metrorail?
Mr. Plummer: Shame on them.
Mr. Fannotto: Wait a minute, that isn't all. There's several hundred million
on that - on top of this.
Mr. Carollo: Do you know what the deficit is today on Metrorail?
Mr. Fannotto: Metrorail?
Mr. Carollo: Yes, do you know what the deficit is?
Mr. Fannotto: At this minute I don't have the figures in 187. I can't give
it to you.
Mr. Carollo: Well, their deficit for transportation as a whole, as I
understood it was, it was around $90,000,000 a year, maybe more.
Mr. Fannotto: Oh, I grant you that. They lost $67,000,000 last two years on
just operation.
Mr. Plummer: How much?
Mr. Fannotto: Sixty-seven million the last two years. You know what the
Peoplemover took in?
Mr. Plummer: No, sir, you're absolutely wrong according to the figures that I
have. Last year's subsidy for Metrorail, Metromover and the Metro buses was
$104,000,000 above revenues.
Mr. Fannotto: Oh come on here, look, I'll give you the... here's the figures
right here.
Mayor Suarez: No, it's a little bit over a $100,000,000 for the whole system.
We're all in agreement, Erny. Thank you, Erny. Item fifty...
Mrs. Kennedy: But it's OK, it's the same thing.
Mr. Fannotto: Wait a minute here. You want to see the figures? Yes, but I
mean if he wants to see the fact, I got them right here.
Mrs. Kennedy: Wait...
Mayor Suarez: No, he's making your point better than you are. Item 51...
Mrs. Kennedy: Wait till the hydrofoil starts.
Mayor Suarez: ... was already handled, item 52.
Mr. Plummer: It's been withdrawn.
Mayor Suarez: Item 52.
Mr. Plummer: Withdrawn.
Mayor Suarez: Withdrawn. Item 53 and 54 also have been withdrawn.
166 July 23, 1987
------------------------------------------------------------------------------
56. A - CLOSE STREETS AND ESTABLISH PEDESTRIAN MALL FOR PAPAL MOTORCADE IN
DOWNTOWN MIAMI
B - DISCUSSION CONCERNING FEES OF VENDOR PERMITS DURING POPE MOTORCADE
------------------------------------------------------------------------------
Mayor Suarez: Item 55.
Mr. Plummer: We have a resolution concerning the papal motorcade in downtown
Miami, September 10, 1987, providing authority for the closure of designated
streets to through vehicular traffic and establishing the temporary pedestrian
mall subject to the issuance of permits by the Department of Police and Fire,
Rescue and Inspection services. Further establishing an area prohibited to
retail peddlers during the period of said event. I so move.
Mayor Suarez: So moved.
Mrs. Kennedy: I second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-749
A RESOLUTION CONCERNING THE PAPAL MOTORCADE IN DOWNTOWN
MIAMI ON SEPTEMBER 10, 1987, PROVIDING AUTHORITY FOR 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; FURTHER ESTABLISHING
AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF
THE EVENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mrs. Kennedy: Mr. Manager, do you want to address the rates at this point?
Mr. Odio: Yes, I think we need to or we won't have many concession stands
there.
Mr. Plummer: I think that...
Mayor Suarez: Is that based on the lack of interest you've had so far
after...
Mr. Odio: Yes, it's too high.
Mayor Suarez: OK. What are you proposing?
Ms. Diane Johnson: Commissioners, we're proposing either flat rate, $500 for
all concession stands operating in the area or we would be open to the
suggestion of a graduated scale, say $250 for remote areas that will be away
from populated...
Mr. Plummer: Unenforceable, but...
167 July 23, 1987
V 0
Ms. Johnson: ... or to $600 for the densely packed viewing areas.
Mr. Plummer: Let me ask you a question. Now long is that motorcade?
Mr. Odio: Oh, it's going to last - the motorcade? It will be ten, twenty
minutes through that area but the people will be gathering there for the whole
day.
Mr. Plummer: You're talking about a twenty minute situation.
Mr. Odio: But people will sit there for hours.
Mr. Plummer: Do we really want to have that many peddlers in there? That's
the question. And I don't think we do.
Mr. Odio: Well, if...
Ms. Johnson: If... may I speak? If we do not control the peddlers, we will
be inundated with the peddlers.
Mr. Plummer: No, no, no, we have controlled for the peddlers. Obviously, if
you had no inquiries, we have controlled it.
Ms. Johnson: We have had many, many inquiries. We have had no takers at
$1,000 and $2,000.
Mr. Plummer: Then we're controlling it.
Ms. Johnson: However, we feel that it is necessary for the large number of
crowds that are going to be there, that we have food and beverages there for
them to eat because...
Mayor Suarez: What's the Manager's recommendation? We've got planning and
zoning agenda yet.
i Mr. Odio: I'd rather have the escalating scale because some people will end
up in the...
Mayor Suarez: I'll accept, for myself, I'll accept your recommendation and
vote on it right now.
Mr. Plummer: It's unenforceable.
Mayor Suarez: OK.
Mr. Odio: Let us...
Mr. Plummer: You're just causing pandemonium, that's all you're doing.
Mayor Suarez: Entertain a motion to that effect - not that's it's
unenforceable, I mean, that we're going to try to enforce it.
Mrs. Kennedy: Yes, I'll move. I think that the rates are not fair. The
Coconut Grove Arts Festival charges $600 for three days. These people as you
say are going to be there for twenty minutes; figure a few hours at the most
and they won't have a chance to recoup their investment. So, I so move.
Mayor Suarez: Moved.
Mr. Plummer: Let me stop and think whether I want to invoke the rule. Move
on and we'll come back to it.
Mayor Suarez: We've got a timing problem.
Mr. Odio: Well, if you invoke the rule, the pope...
Mr. Plummer: I know that, that's what exactly what I'm trying to do.
Mr. Odio: The Pope will be here.
168 July 23, 1987
Mr. Plummer: I might pant to delay the invoking the rule and then you're
beyond the board. Let me think about it. I'il think about it for a while.
I'll give you an answer before we leave at nine.
57. DISCUSSION CONCERNING LEGALITY OF REFUSING AWARD OF BIDS TO COMPANIES WHO
REFUSE TO SOLICIT BUSINESS IN FLORIDA DUE TO 5% SALES TAX
Mayor Suarez: Item 56.
Mrs. Dougherty: Yes, sir, Mr. Mayor and Commissioners. This is the question
that Commissioner Plummer asked us at the last Commission meeting, whether or
not it would be legal for us to prohibit the award of bids to companies that
refuse to do business within the State because of the 5% sales tax. The
answer is, that that would be an unlawful burden on interstate commerce and is
impermissible. We can have the 5%... or the 10% local option or local
preference ordinance in our charter because of a statutory amendment that
permits us to do so because of the very strict local conditions.
Mr. Plummer: Well, how did I see on the TV this morning that the State of
Florida is thinking about of Fruit Loops and All Bran...
Mayor Suarez: Yes, what do they mean by banning in that case?
Mr. Plummer: Yes, that's what, you know, I'm saying so that the record is
clear. IBM scheduled a convention in this City. And, by the way, Mr. Mayor,
that was for 3 months that convention of a seminar kind. And because of the
5x sales tax.imposed by the State of Florida for which we had no control, they
have canceled that convention. And this City is going to suffer because of
it. Now, what I was asking the City Attorney, can we the City, because they
have chose not to come here, can we put an absolute ban on buying IBM
products?
Mrs. Dougherty: The answer is no. You have to...
Mr. Plummer: Well, if I can't do it legally, I can't do it. Is there any
other way that I can proceed to make those people understand that if they're
going to punish me, I'm going to punish them?
Mrs. Dougherty: I don't know of any other way off hand. I'll think about it.
Mr. Plummer: Think about it. By the way, wait a minute, are you ready...
Mrs. Kennedy: But unless you're talking about existing bids, if a company has
no interest to come here, there's nothing to turn down.
Mr. Plummer: OK. I'm sorry, I didn't hear.
Mrs. Kennedy: Unless you're asking about specifically existing bids, you
know, if they don't have an interest to come here, we have nothing to turn
down.
Mr. Plummer: Well, that's the point I was making, you know. If they don't
want to spend their money with me, why should I be forced to spend my money
with them? That's exactly the point that I'm trying to make. You know, I...
Mayor Suarez: Yes, I guess what he means is if they give indications through
certain cancellations of not wanting to do business in the State of Florida,
other than the bids that they're offering to us.
Mr. Plummer: Yes. Well, I tried.
169
July 23, 1987
58. DISCUSSION CONCERNING MIAMI CENTER ASSOCIATES AT THE MIAMI CONVENTION
CENTER
Mayor Suarez: OK, item 57.
Mrs. Kennedy: Moving right along.
Mr. Odio: Mr. Mayor, we are and Commissioners, we are already in the process
of dismantling the stores over at the Knight Center. We have a design
finished here if you would like to see it. It has been approved by the Sports
Authority and we were told to report back to you. We find the design
unacceptable. We're going to be monitoring through Vince Grimm this design
and make sure that it's done according to the specs. It's going to be a room
that...
Mr. Plummer: Do we have the money in the bank?
Mr. Odio: Yes.
Mr. Plummer: The money is in the name of the City of Miami in the bank.
Mr. Odio: Well, I'd better not say that.
Mr. Plummer: Huh?
Mr. Odio: Without finding out for sure.
Mrs. Dougherty: My understanding that it is.
Mr. Odio: It is, but...
Mrs. Dougherty: The only thing is that it's subject to the Sports Authority
approving the plans.
Mr. Odio: They have approved the plans. The Sports Authority...
Mr. Plummer: OK, so they've approved this one so their draw down on this is
no problem.
Mr. Odio: No problem.
Mr. Plummer: OK. I only have one question which I want to put on the record.
I asked you before...
Mr. Odio: I'll say it again.
Mr. Plummer: OK.
Mr. Odio: No, they will not interfere with your convention.
Mr. Plummer: I have a convention of the Florida League of Cities that is
coming here in October. This obviously will not be completed by that time. I
want assurances from you right now that in no way, shape, or f orm is this
going to interfere with the conduct of that convention. Because if so, I want
to tell you then I've got to go back, I am not going to be embarrassed after I
brought them here to have them walking over boards, around scaffolds and all
of that. So if that's the case, tell me now and we'll move it.
Mr. Tony Pajares: Commissioner, none of the meeting rooms being used by that
convention are being renovated or they will not be disturbed.
Mr. Plummer: Tony, I'm - don't you let me be embarrassed.
Mr. Pajares: No, sir, we won't.
Mr. Plummer: Because I'll move it right now to the Pavillon or somewhere
else.
170 July 23, 1987
Mr. Odio: No, sir, Commissioner - OK.
Mr. Pajares: Commissioner, they will not be disturbed.
Mr. Plummer: I hope I don't have to remind you. Thank you.
Mr. Odio: I'm sure you will too, sir.
Mr. Plummer: OK.
Mayor Suarez: Do we need a motion?
Mr. Plummer: No, all we're just doing is looking at it.
Mayor Suarez: OK.
-------------------------------------------------------------------------------
59. SECOND READING ORDINANCE: NEW "OCCUPATIONAL LICENSES AND MISCELLANEOUS
BUSINESS REGULATIONS"
------------------------------------------------------------------------------
Mayor Suarez: Item 60. Licenses ordinance.
Mr. Odio: It's a second reading repealing chapter 31 of the code, Licenses
and Miscellaneous Business Regulations and substituting a new chapter 31,
Occupational Licenses and Miscellaneous Business Regulations.
Mr. Carollo: Move.
Mayor Suarez: Passed unanimously in the...
Mrs. Kennedy: Move it.
Mayor Suarez: ... prior reading.
Mr. Plummer: Wait a minute. What is this, 59?
Mr. Odio: Sixty.
Mayor Suarez: Sixty.
Mrs. Kennedy: Sixty.
Mayor Suarez: I think 59 we did already, right?
Mr. Odio: Yes, sir.
Mayor Suarez: Yes, that $10,000,000 bonds.
Mr. Plummer: Move it.
Mrs. Kennedy: I did.
Mr. Plummer: Oh, I'm... second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance,
please. Call the roll.
AN ORDINANCE -
AN ORDINANCE REPEALING, IN ITS ENTIRETY, CHAPTER 31,
ENTITLED "LICENSE AND MISCELLANEOUS BUSINESS
REGULATIONS" OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, RELATING TO OCCUPATIONAL LICENSE TAXES AND
SUBSTITUTING THEREFOR A NEW CHAPTER 31, ENTITLED
"OCCUPATIONAL LICENSES AND MISCELLANEOUS BUSINESS
REGULATIONS" CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
171 July 23, 1987
Passed on its first reading by title at the meeting of June 25,1987, 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
Lhereupun 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. 10303.
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.
60. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND "POLICE
SECOND DOLLAR TRAINING - CONSOLIDATED"
Mayor Suarez: Item 61.
Mr. Plummer: Sixty-one coming out of the Law Enforcement Trust Fund? If so,
why not?
Mr. Odio: Yes, sir. Is Police Second Dollar Training, Consolidated.
Mr. Plummer: Where...
Mr. Dawkins (Off mike): Wait a minute. Hold it on 61. Hold it.
Mr. Plummer: Where is the money coming from?
Mr. Odio: From the Law Enforcement Training and Education...
Officer Joseph Longueira: Trust Fund.
Mr. Odio: ... Trust Fund.
Mr. Dawkins: Hold it.
Mr. Plummer: Is that the confiscated money?
Mr. Odio: No, sir.
Mr. Plummer: Where is this money coming from?
Mrs. Kennedy: It says, for law entrustment training, but it doesn't say
where.
Mr. Dawkins: I'd like to con...
Officer Longueira: If I'm not mistake...
Mr. Odio: This comes from the $2.00 that allocated as an additional court
cost against every person convicted of a violation of a State penal or
criminal statute.
Mr. Dawkins: I'd like to continue this until you tell me who you're going to
sign contracts with.
Mrs. Kennedy: Until when?
i
172 July 23, 1987
"ak
Mr. Odio: What we can do, Commissioner, if you approve this, we'll bring the
contracts individually back to you.
Officer Longueira: Yes, we have to.
Mr. Dawkins: All right, I'll do better than that. I'll approve this and
don't spend a penny until you tell me we're spending it with.
Mr. Odio: Yes, sir. I'll do that.
Mr. Plummer: I'll second. Mr. Manager, let me ask you a quick question. How
much money is usually allocated for court costs?
Mr. Odio: Well, this is $2.00 additional.
Mr. Plummer: We get $2.00.
Mr. Odio: Two dollars and that's about six hundred thousand every six months.
So you're talking about a million two.
Mr. Plummer: Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Plummer: My concern, we have to pay a policeman to go and testify in
court a minimum of 3 hours. Correct?
Mr. Odio: I know, that costs us - yes, I know. Yes, sir.
Mr. Plummer: A policeman, the average pay, as I recall, is about $12.00.
Mr. Odio: Plus add... more than that.
Mr. Plummer: OK?
Mr. Carollo: No, no. More than that.
Mr. Plummer: It costs us $36.00 to send a policeman to get $2.00 back.
Mr. Odio: That's true. That's true.
Mr. Plummer: Does that make sense to you?
Mr. Odio: No, sir. I agree.
Mr. Plummer: What are you going to do about it?
Mr. Odio: Well, let me look into it immediately. I'll have Lieutenant Long -
Lieutenant?
Officer Longueira: No, not yet. Sergeant.
Mr. Plummer: You might not make it if you don't find the answer.
Mr. Odio: Right. We'll bring an answer to back to you, I...
Mr. Plummer: No, I'm just saying, you know court costs usually run up, as I
recall, in the neighborhood of $25 or $30.
Mr. Odio: And we have a captain full time...
Mr. Plummer: We get $2.00 back and obviously somebody else is getting $20.00
and we're getting $2.00 when a minimum of $36.00 is what our cost is for a
policeman to be there to testify.
Mr. Odio: Well, we'll look into it immediately, Commissioner.
Mr. Plummer: It don't make any sense. And it don't make any dollars. What
have I said that's funny?
Mayor Suarez: Not related.
173 July 23, 1987
t 4k
Mrs. Dougherty: Do they have a motion and a second?
Mr. Plummer: Hey, they're getting their money out of these damn things.
Mr. Dawkins: In case anybody over there is wondering why I've said, let me
know what you're going to do, you got $516,000 here for law training and I saw
where a contract with small Florida Memorial College for a lousy $138,000 was
canceled. And if you didn't have $138,000 out of $516,000, I'd like to know
where the rest of it went. So that's why I'm asking that you let me know what
you're doing with it.
Mr. Odio: No, Florida Memorial, Commissioner, is one of the contracts you
will see coming out of this one.
Mr. Dawkins: OK, sir.
Mrs. Dougherty: It just takes a legislative action. You have to change the
State law. They have to pay for the courts though and all the administrators
and judges salaries and that's what they're paying for.
Mr. Odio: You need to...
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "POLICE SECOND DOLLAR TRAINING -
CONSOLIDATED" FOR THE PURPOSE OF PROVIDING FUNDING IN
THE AMOUNT OF $516,634 FOR LAW ENFORCEMENT TRAINING
AND EDUCATION AS DEFINED IN FLORIDA STATUTE
943.25(8)(a); CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of May 14, 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 -
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. 10304.
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.
61. SECOND READING ORDINANCE: APPROPRIATE $360,000 FOR INTEREST PAYMENT ON A
HUD SECTION 108 LOAN FOR OVERTOWN PARK WEST REDEVELOPMENT
Mr. Dawkins: Move 62.
Mayor Suarez: Item 62 has been moved on second reading.
Mr. Plummer: Sixty-two? I moved it before and I move it again.
Mr. Dawkins: I second.
Mayor Suarez: Call the roll.
174 July 23, 1987
AN ORDINANCE -
AN ORDINANCE APPROPRIATING $360,000, FROM THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND
FOR THE PURPOSE OF MAKING AN INTEREST PAYMENT ON A HUD
SECTION 108 LOAN FOR PHASE I LAND ACQUISITION AND FOR
MARKETING SUPPORT AND ASSOCIATED REDEVELOPMENT
PLANNING ACTIVITIES FOR PHASE I HOUSING DEVELOPMENT;
AUTHORIZING THE CITY MANAGER TO SEEK APPROVAL FROM THE
DADE COUNTY COMMISSION FOR USE OF REDEVELOPMENT TRUST
FUND REVENUES FOR THESE PURPOSES.
Passed on its first reading by title at the meeting of June 25, 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 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. 10305.
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.
62. SECOND READING ORDINANCE: INCREASE APPROPRIATIONS FOR "SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT - PHASE I"
Mayor Suarez: Item 63. Another second reading.
Mrs. Kennedy: Move it.
Mayor Suarez: Also related to Southeast Overtown/Park West Redevelopment.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Total appropriation is now twenty-seven,
two eighty, five hundred - $27,000,000. Any further discussion? Read the
ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10187, AS AMENDED, THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE, BY INCREASING THE TOTAL
APPROPRIATION TO THE CAPITAL PROJECT ENTITLED
"SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT - PHASE
I", PROJECT NO. 322029, BY $100,000; SAID AMOUNT TO BE
MADE AVAILABLE FROM THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT TRUST FUND, RESULTING IN A TOTAL
APPROPRIATION OF $27,280,500; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 25, 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-
175 July 23, 1987
V
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. 10306.
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.
63. AUTHORIZE EXECUTION OF AGREEMENT WITH SENIOR COMMUNITY SERVICE EMPLOYMENT
AGENCY AND SENIOR CENTERS OF DADE COUNTY FOR COORDINATION OF HOME SAFETY
INSPECTION PROGRAM
------------------------------------------------------------------------------
Mr. Dawkins: What item are we on now?
Mayor Suarez: Sixty-five.
Mr. Carollo: Move.
Mr. Dawkins: Second.
Mayor Suarez: Sixty-five has been moved and seconded.
Mr. Plummer: Well, OK, do we understand what this is now? This is the one I
started to speak to before. This grant of money is not to the City of Miami.
This grant of money is to Senior Citizens, -Inc. and the only reason it appears
on our agenda is because there are certain in -kind services that are
associated with us being able to receive the sixteen part time employees.
Mrs. Kennedy: $98,000.
Mr. Carollo: Move.
Mr. Dawkins: I second it.
Mr. Plummer: So, for that reason, I think it's misleading on our agenda
because it's not our money. We do not control the money.
Mr. Carollo: Move.
Mr. Plummer: Nor do we dispense the money.
Mr. Dawkins: Second.
Mayor Suarez: Doctor.
Mr. Enrique Vega: Dear Mr. Mayor and Commissioners. The reason we are here
today.
Mayor Suarez: Give us your name and address.
Mr. Vega: My name is Enrique Vega and I am the president of the United Tenant
Council and also one of the five members of the executive committee of overall
Tenant Advisory Council. We have plenty of people in our Tenant Council that
can serve in those jobs that are controlled for a man that is having a
complete control in one place for nine dining rooms. He controls another
entity and another and this one we want to tell you that we want to be for
next year to be recognized by the City.
,
176 July 23, 1987
Mr. Plummer: No, air. No, sir. You have to be recognized by the Federal
government who issues the grants. Once you get that grant, I'm sure that we
would give you the same in -kind services to supplement your grant or implement
your grant as we are doing here.
Mr. Vega: That's fine.
Mr. Plummer: We do not issue the money, Mr. Vega.
Mr. Vega: All right.
Mr. Plummer: You get your grant from Washington in the same way that these
people do and let me tell you something, for a $100,000 worth of help, we will
be more than kind to give you the in -kind services, sir.
Mr. Vega: Well, thank you.
Mr. Plummer: But, you've got to - you've go to...
Mr. Vega: We are going to do that.
Mr. Plummer: Please do. I hope five other groups do it.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-750
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE SENIOR COMMUNITY SERVICE EMPLOYMENT
AGENCY, AN AGENCY OF THE U.S. GOVERNMENT, AND THE
SENIOR CENTERS OF DADE COUNTY, INC. FOR THE
COORDINATION OF SERVICES IN CONNECTION WITH THE HOME
SAFETY INSPECTION PROGRAM TO BE CONDUCTED
SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND
CONDITIONS SET FORTH IN SAID AGREEMENT, WITH FUNDS
THEREFOR NOT TO EXCEED $98,727.60, ALLOCATED FROM THE
FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT'S
GENERAL BUDGET.
(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
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Keep close supervision, Chief, over that selection because as I
mentioned to you, those folks end up with uniforms of the Fire Department.
Some of them don't look like they really know what they're doing and, in the
future hopefully, we'll get the Tenants Association involved in that selection
process.
177
July 23, 1987
— — — — ------- — — ---- — --------------------------------------------
64. CLOSE ABACO AVENUE ON TEMPORARY BASIS PENDING TRAFFIC STUDY
------------------------------------------------------------------------------
Mr. Carollo: Move 66.
Mr. Dawkins: Second 66.
Mayor Suarez: Moved and seconded. Item 66. Any discussion? Sir, did you
want to address that?
UNIDENTIFIED SPEAKER: Yes, I'm here to speak for the residents of Abaco
Avenue and we're here to...
Mr. Dawkins: Are you in favor or against?
UNIDENTIFIED SPEAKER: Oh, in favor of closing the street.
Mr. Dawkins: Well, yes, we're moving it.
UNIDENTIFIED SPEAKER: OK.
Mayor Suarez: Is there anyone here that wishes to be heard on item 66 other
than the gentleman who...
Mr. Plummer: I have a letter for the record, Mr. Mayor from...
Mayor Suarez: Bob Fitzsimmons?
Mr. Plummer: Yes.
Mayor Suarez: Let the record - let this be included in the record, the letter
from Bob Fitzsimmons. He couldn't be here today; he's requesting the closing.
Mr. Plummer: He was on - I'll submit it for the record.
Mayor Suarez: It's here. It's here.
Mr. Plummer: You got it?
Mayor Suarez: Yes.
Mr. Plummer: OK.
Mayor Suarez: Call the roll.
Mr. Plummer: Understand... Whoa, whoa, whoa - this is what? On a six month
trial basis? Ninety days?
UNIDENTIFIED SPEAKER: On a temporary basis.
Mr. Plummer: How much?
UNIDENTIFIED SPEAKER: Temporary until the...
Mayor Suarez: What's the Manager's recommendation?
Mrs. Kennedy: How long?
Mr. Plummer: How many - how many months is temporary?
UNIDENTIFIED SPEAKER: Until the results of a traffic study have been
completed.
Mr. Plummer: You're correct. OK, but on the record, this is a closure that
is temporary until the conclusion of the full traffic study which is being
done.
UNIDENTIFIED SPEAKER: From what I understand, the Commission has a report on
that traffic study today. Saying that this - saying that this...
178 July 23, 1987
r IS
Mr. Plummer: Well, then it might be more temporary than you think.
UNIDENTIFIED SPEAKER: Oh no, saying that the City approved it.
Mrs. Kennedy: Sergio.
Mr. Plummer: OK. All right. Just want it on the record, sir.
UNIDENTIFIED SPEAKER: OK.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-751
A MOTION GRANTING A REQUEST FOR CLOSURE OF ABACO
AVENUE, ON A TEMPORARY BASIS, PENDING THE RESULTS OF A
FULL TRAFFIC STUDY PRESENTLY UNDER WAY.
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.
65. REQUEST COUNTY REPRESENTATIVE TO BE PRESENT AT NEXT COMMISSION MEETING TO
ANSWER QUESTIONS CONCERNING RAPE VICTIMS
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Dawkins: Let's take a 25 minute break and then we go into the planning
agenda.
Mr. Odio: We have item 68 left and that's - and we're finished. I think...
Mr. Dawkins: Sixty-eight.
Mayor Suarez: Mr. Aaron, let's take up that item real quick.
Mr. Odio: It want to - while he's walking up, we have - this is a rape
treatment center at Jackson Memorial Hospital where they offer psychological
counseling to victims of rape. We have not been able to identify any funding
for this program.
Mayor Suarez: Was item 70 withdrawn, Mr. Manager? Seventy, did the... OK, so
this is the last item prior to planning and zoning.
Mr. Odio: This is the last item prior to planning and zoning.
Mayor Suarez: Mr. Aaron.
Mr. Ralph Aaron: Sir, before I start, I'd like a clarification from the City
Manager as what he meant by there - we haven't been able to identify any
funding on this matter. Could I get a clarification of what was meant by
that?
179 July 23, 1987
Mr. Plummer: I want a report on the bars. Let me look at it and I'll see if
I have any questions.
Mayor Suarez: Yes, we're going to ask him that, Ralph. Mr. Manager, he
wanted a clarification on what you meant that you had not identified any
funding. I guess he meant, there's no money.
Mr. Odio: We have no money to put in.
Mrs. Kennedy: Well, let me address that issue for a second. When I met Mr.
Aaron way back I was chairperson of the Dade County Commission on the Status
of Women. He came to me with his problem that his daughter had just been
raped. I visited personally the Rape Treatment Center at Jackson and let me
tell you if I had been a rape victim, I would have not gone in there. The
facility's atrocious to find, then there's no parking, then they direct you to
three different places. Let me ask the Police Department who are the first
ones who deal with the victim, where do they go? Who do they call? Chief?
Mayor Suarez: And as long as you're asking that...
Mrs. Kennedy: Joe.
Mayor Suarez: ... what about the possibility of using law enforcement trust
fund monies?
Mr. Odio: Can't do it for that, Mr. Mayor. We have checked that out. It is
impossible to do that. They are taken to the rape victim center and it's
really a responsibility of the county to take care of that problem.
Mr. Aaron: OK, that's where I come in after waiting since 10:30 this morning.
Mr. Odio: Well, you were scheduled for...
Mr. Aaron: Ten thirty this morning. All right, let me make my speech, OK?
Number one, on standby was Angela Rodriguez from the rape treatment center to
be supportive of anything I had to say with permission of Dr. Hicks who
unfortunately couldn't be here in her place. Number two, Dr. Hicks is 150
percent behind what I'm about to say to you. And number three, is what I'm
going to say to you. Perhaps, let me give you a little preface before I say
it, because you want me to get out of here real quickly, Mr. Mayor, and I
think this is an important issue so...
Mayor Suarez: Not one, go ahead.
Mr. Aaron: OK. I've been to hell and back so I feel I've got nothing to lose
in what I'm going to tell you. It seems to me from my experience of the last
six years, that we can't rely on Metro Dade County government to take care of
rape victims, either in their unincorporated area or any of the small
municipalities or in this central City. They have what they call the Victims
Advocacy Program within the Department of Human Resources and according to a
memo that they sent to the independent review panel when I was complaining
about them, they see two rape victims a month. Now, if you talk to your own
Police Department, Criminal Analysis Unit, Lt. Grubb, you'll find that there
is an estimated 800-1200 rape victims a year in Dade County. Now, getting
back to the specifics of this City, this City, let's not worry about Miami
Shores or unincorporated Dade County, we have, I've got the statistics, we
have 23 four years ago on a monthly average. Eighteen the next year, in 184.
We had twenty-four in 185. And we had nineteen per month in 186. And these
figures were based on the Florida Uniform Crime Reporting Method which was a
crime against the woman. Didn't include male on male, female on female, or
prostitutes. And, although this method is going to be changed and it's going
to up the figure, what we have here is we have a reporting system where the
number per month is a combination of attempted rapes and completed rapes.
Well, let's talk about completed rapes. Of the completed rapes, we have
anyone under 12 years of age, I'm sorry, 13 years of age, taken care of by a
new entity created two years ago called the Children's Intake and Evaluation
Center. OK, that means if someone is 13, they're out of luck. But if they're
under 13, they qualify for being taken in, analyzed and thereafter taken care
of. My question to you is, what happens to the women of this City, who reside
in this City or who were violated in this City, if they're 13 or over? And
you know what the answer is? The answer is zerol Nothingl You want to go to
the Victims Advocacy Program? Lots of luck. You become a convenient
180 July 23, 1987
statistic for justifying their budget every year. And they've got a staff of
about six. And i won't go into the ramifications of that group. May i
continue talking, Mr. Mayor? Because you told me to quicken it up. Number
two. The point of the matter is they have Cynthia Gray from the State
Attorney's office and Cynthia Gray is more concerned about the victim from the
standpoint of the prosecutorial aspect of it. Well, I'm concerned about what
happens to the demons floating around in the mind of the victim. And any
woman here, any woman in this City, anybody that you know, who you're related
to, who's a female, she's a potential victim. And what are we taking - what
are we doing about these people? The truth is not everyone of us can afford
$100 for a fifty -minute hour psychiatrist down in the Kendall area with quiet
music and low lights. I found that out the hard way. And I would go on one
more step, don't anyone ever tell me that the Rape Treatment Center is our
recourse. I hear everyone say, Rape Treatment Center this, Rape Treatment
Center that. Let's get down to the counterpoint bottom line of this. What
they essentially are is not a counseling service but they are a physical
examination service.
Mayor Suarez: Ralph, let me ask you a question. I'm...
Mr. Aaron: I want to get - I want to make my presentation, sir.
Mayor Suarez: Just one quick question. Did you meet with Mrs. Cooper I think
it was that was...
Mr. Aaron: She never called me and I do not need emotional support group.
What I need...
Mayor Suarez: Well, no it's just that she's working on the minors and you're
working on the over thirteen and maybe the two of you together could continue
to battle for funds if the City doesn't happen to have them, Ralph. That's
all, I'm trying to help you. Go ahead.
Mr. Aaron: Well, isn't it funny, if I can be a little more caustic, I sit
here and on a couple of other occasions recently I've been to the City
Commission meetings and I see monies going in every direction. I just saw a
few - a little while ago, $3,000 to promote some basketball team somewhere.
I'd like to see a minimum of $3,000 going to help...
Mayor Suarez: It's not a basketball team.
Mr. Aaron: Well, whatever it is! It's not important what it is. The
important...
Mayor Suarez: It was a summer basketball program where inner City kids
participate...
Mr. Aaron: Fine. I'm concerned about...
Mayor Suarez: ... it is probably a preventive program even for rape, Ralph.
I mean, and it's a small amount of money, but go ahead.
Mr. Aaron: Well, I'd like to - I, I, I'd...
Mrs. Kennedy: Ralph, let me...
Mayor Suarez: You need a massive infusion of money for what you're talking
about.
Mr. Aaron: Well no, what I want to see... let me tell you what I want to see.
Since Metro is not doing what they're supposed to do and since this is the
central City, this is the second City, I mean second government body and the
first City in terms of population and size in Dade County; I think what we
need here is not to be afraid of Metro and to establish a precedent that if
they won't do it, that we will do it for our ownselves. Which means for our
women who are violated, who are suffering terribly and who do not have a
spokesperson, who do not have an organization, who hide within the confines of
their own families and friends and don't come out and don't organize and don't
get the support. Well, as I told you on April the 15th, Mr. Mayor, in your
office, I said, women are very important to us and you agreed with me.
Because without it, none of the men in this room have got anything. We're
only here because of our womenfolk and what I think is that we've got to get
181 July 23, 1987
r 1P
into the last quarter of the 20th century and identify our criteria -
reorganize and redirect our criteria to take care of the worst aspect of our
women which is those who have been violated and whose minds are damaged and
don't think it ever goes away. It does not go away. And it - and I'd like
the people who tell me, after one year they're OK. Or someone says five years
and these figures are - these time periods are arbitrarily pulled out of a
hat. The truth of the matter is they suffer for a long term period. There
are short term crises and long term and a lot of people suffer long term. I
would like to think that this City Commission and this community can establish
a precedent for doing what Metro is not doing. And that's essentially why
I've been waiting around all day. And I don't know why we have to be afraid
of them. And I think we are.
Mrs. Kennedy: Ralph, let me interrupt because I think that you have a very
good point. Mr. Manager, what kind of referrals does the City have?
Mr. Aaron: Nothing.
Mrs. Kennedy: None. Nothing.
Mr. Aaron: Listen, let me say one more thing. Commissioner Kennedy, you
know, the Mayor emphasized to me that on May the 31st, we were going to have
this new child abuse sexual battery unit under a lieutenant Manuel Esposito.
Mayor Suarez: Yes, by memo I requested the information from the Manager. By
memo I got back that it had been reinstated as - you just gave the name.
Mr. Aaron: All right. I just want to tell you what happened. I spoke to him
and I spoke to sergeants -------- You know what they tell me? They tell me
that after they initially met with the victim, processed it, and taken that
person to the Rape Treatment Center for the physical examination, that nothing
takes place for the rape victim.
Mr. Odio: Let me add, Mr. Mayor, we created the Rape Victim Task Force. The
Chief did six months ago with my consent. We have fifteen police officers
assigned to that unit and when we have to take them for treatment to the Rape
Treatment Center and they, in turn, get referrals to other places from there.
Mrs. Kennedy: Well what is the Police Department's opinion as far as services
in the county?
Mr. Odio: Well...
Mrs. Kennedy: You who deal with the victims. Cesar. Cesar.
Officer Longueira: You have to understand that our main involvement with rape
treatment is in the prosecution of it. We're not involved in the
rehabilitation of the victim. OK? We take them there and they aid us in the
prosecution. We turn it over to them. You know, we're not involved in the
next step. We realize we had a problem in the number of rapes and about six
to eight months ago, the Chief created a special unit - all they handle is
sexual batteries, the child abuse. It's a lieutenant, two sergeants and about
twelve police officers. And we're attempting to handle that problem from our
end on the prosecution investigation.
Mr. Plummer: He's not speaking to the criminal aspect.
Officer Longueira: We understand that.
Mr. Plummer: Well, let me tell you. Ralph, you know, I'm not trying to throw
a hot potato because I think you've put your spotlight right where it belongs.
And I think what we need to do - the only thing that we can do because we
don't have the money. I've got to be honest with you. But I think that we
have the right to demand that somebody from the County come here to this City
Commission in a public forum and let's ask them the questions why the citizens
of this City are not being adequately provided for. And if they don't give us
the proper answers then we have the right to go down and protest loud and long
at the Metro Commission. I guess every once in a while what we've go to do is
to remind the Metro Commission of every dollar of taxes they collect...
Mr. Aaron: That's damn right.
182 July 23, 1987
Mr. Plummer: Twenty seven percent of it comes from the City of Miami.
Mrs. Kennedy: That's right and put the pressure on them.
Mr. Plummer: And I think that we've got to go through a logical process. I
would move, if it's in agreement, at this time that at our next Commission
meeting we ask for a representative of the county rape - the Public Health
Trust - I don't know, what is the proper agency?
Mr. Aaron: All right. I'll give you the persons name. I'll give you the
person that you should be talking to. You should be talking to Dewey Knight,
who is the assistant county manager and who overviews the Department of Human
Resources. Ask him.
Mr. Plummer: Well, we would appropriately request of the County Manager
through our City Manager that someone be designated to come here and address
that problem and give us some rational answers which we don't have now. And
that if we don't get the answers of proper - what we think are adequate, then
we have every right to go down to the County Commission and demand that our
tax dollars be used to help defray the cost of our taxpayers. I would so move
at this point that that request be made.
Mayor Suarez: So moved.
Mrs. Kennedy: I second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-752
A MOTION DIRECTING THE CITY MANAGER TO REQUEST THE COUNTY
MANAGER TO HAVE A REPRESENTATIVE PRESENT AT THE NEXT CITY
COMMISSION MEETING (PERHAPS MR. DEWEY KNIGHT, OF THE
METROPOLITAN DADE COUNTY DEPARTMENT OF HUMAN RESOURCES) IN
ORDER TO ANSWER SOME QUESTIONS CONCERNING RAPE VICTIMS IN
DADE COUNTY.
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
Mr. Plummer: I would request, Ralph, that any statistics that you have, any
documentation that you have, that if you would provide to the City Clerk who
could in turn make copies for all of this Commission prior to that hearing, it
i might be interesting for us.
Mr. Aaron: I'll have that typed and brought to her in multiple copy.
Mr. Plummer: I'm not asking you to make the copies. OK.
Mr. Aaron: Can I just say one thing before, because I know you've got a big
agenda and you got to keep moving. But let me just say one more thing, OK,
because I want you to know what the Dade County Commission on the Status of
Women - where it's at, because Commissioner Kennedy was on it and she knows
the people. OK, there's one activist whose name I won't mention, OK, because
I don't think it would be appropriate. And you know what her last comment to
me was post my daughter's last attempt at killing herself and going to the
Crisis Center on May the 27th, OK. Let me tell you what she said to me, she
said to me, she could have had - you could have had recourse to the list, the
list of agencies and I said, what list? So I called up Dr. Hicks and Dr.
Hicks says, what list? There's a list. Where's the list floating around?
183 July 23, 1987
t IP
Someone's got a list. That's number one. And number two, you know what the
other comment that she made to me wag? She said, well, you just have to take
it upon yourself to accept the fact that you're going to have to spend a lot
of money. OK, I guarantee you that the majority of people over 12 years of
age who are raped in this City don't have a lot of money. And that's all I've
go to say at this time.
Mrs. Kennedy: But on the other hand, for the record, it was one member of
that commission, the commission at least while I was there, was very
supportive of you and your cause.
Mr. Aaron: I'm not going to comment on - unless you're talking about
yourself, Commissioner, are you?
Mrs. Kennedy: Well, I was talking about myself and as a former member of the
whole body.
Mr. Aaron: I don't quite get it.
Mrs. Kennedy: I'm saying that the person you mentioned is one member of the
Dade County Commission on the Status of Women. While I was chairperson, as I
recall, we worked with you.
Mr. Aaron: I would have to concur that you were 100 percent behind me and I
thank you for it in retrospect.
Mrs. Kennedy: OK, thank you.
Mayor Suarez: Thank you, Ralph.
Mr. Plummer: Mr. Mayor, so that it's understood that at the time that this
appearance is made at the next meeting, that the status - the Status of Women
Committee of the City of Miami be present.
Mrs. Kennedy: Yes, of course.
Mayor Suarez: We're recessed until eight... are you going to be eating, the
two of you?
Mrs. Kennedy: No, I'm not.
Mayor Suarez: Until 6:30 or...
Mrs. Kennedy: Are we going to go behind? Beyond 9:00 o'clock, I don't think
so.
Mr. Plummer: No.
Mayor Suarez: It is not my intention to go beyond nine tonight, but...
Mrs. Kennedy: No, so why are we taking a break?
66. SANTO DOMINGO, DOMINICAN REPUBLIC TO BECOME SISTER CITY OF THE CITY OF
MIAMI
Mr. Plummer: Mr. Mayor, may I offer a resolution I don't think will be in
controversy very quickly? I offer a motion at this time that the City of
Miami twin with the City of Santo Domingo, Dominican Republic and I so move.
I will personally handle the thing. I so move.
Mrs. Kennedy: Second.
Mr. Plummer: Sister City.
Mrs. Kennedy: Sister City. From sister you pass to twin.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
184
July 23, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-753
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THAT
THE CITY OF SANTO DOMINGO IN THE DOMINICAN REPUBLIC IS A
-
SISTER CITY OF THE CITY OF MIAMI, FLORIDA, AND APPOINTING
VICE -MAYOR J.L. PLUMMER AS A COMMITTEE OF ONE TO SEEK
FORMAL APPROVAL OF SAID DECLARATION AND OBTAIN RECOGNITION
FOR SUCH STATUS FROM THE SISTER CITIES INTERNATIONAL
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 Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Suarez: Marty.
Martin Fine, Esq.: Can I just make a...
Mayor Suarez: We're going to recess simply so that the other Commissioners
who are eating do not get left out of any discussion.
Mr. Fine: OK. Just want to ask, if I may. Mr. Sterns who is here on the
same matter. We're at PZ-5 has a jury out and has a trial to get ready for,
we'd like to be heard first after the recess if that's possible.
Mayor Suarez: I think we have counsel on both sides on that one, right?
Mr. Fine: Yes, and we're ready to go and I don't think it would be very long.
Mayor Suarez: And each one can do it in about two minutes, I'm sure.
Mr. Fine: Well, I think we can, close.
Mayor Suarez: We're recessed until 6:30 or until we can get a quorum,
whichever is later.
Mr. Plummer: Six -thirty.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 6:23
P.M. AND RECONVENED AT 6:50 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT WITH THE
EXCEPTION OF COMMISSIONER CAROLLO.
67. APPEAL DENIED: SIGN NOT PERMITTED AT 100 BISCAYNE BOULEVARD (CENTRUST)
Mayor Suarez: We have a request to have planning and zoning item 5. Very
quickly. I know we have - a court reporter, attorneys on both sides. Do we
need a presentation from the City on this?
Mr. Dawkins: What item is this? PZ what?
Mayor Suarez: PZ-5.
Mr. Dawkins: PZ-5.
185
July 23, 1987
V ;1
NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 6:52 P.M.
Martin Fine, Esq.: Mr. Mayor, my name is Martin Fine and I'm here with my
partner, Paul Lipton, on behalf of the appellant in this matter and personally
we want to thank you for being kind enough to have us go out of turn because
of some pressures of time and in that interest, I'm going to be very brief.
What we're asking you to do is uphold the decision of your zoning
administrator in the issuance of a building permit for this building - pardon
me, a sign permit for this building. We have we believe complied with all the
provisions of the ordinance relating to that sign. What we're suggesting to
you is that you do not permit counsel or his client to involve this Commission
in any manner with matters which are presently pending before the court. This
matter is before the District Court of Appeals. It was before the Circuit
Court. It is now before the District Court of Appeals and deals with a
dispute between the parties as to the terms and conditions of the lease,
whether or not there was a consent, which we believe there was, and whether or
not that has been revoked, which we believe it hasn't. But one of the things
that they were able to do at the hearing before the zoning board is, is to ask
the zoning board to act as a jury or judges and I think that's not your proper
function. We would like to say...
Mayor Suarez: Are you going to tell us at one point - at some point what
exactly is before the Third District Court of Appeals?
Mr. Fine: Yes, my partner will tell you that because he...
Mayor Suarez: Or is that not pertinent, I don't know?
Mr. Fine: We think it's not pertinent, frankly, but if you'd like to hear it,
we'll tell you. I.R.E., in our opinion, has no standing, had no standing to
take the initial appeal, since they consented to this sign. They executed the
lease covering the particular sign. It was executed between I.R.E., as
landlord and its successors and assigns, and although the lease says the sign
must be installed to maintained per code, this does not apply to the issues of
the building permit. They have no standing to challenge that.
Mayor Suarez: OK, is the City's - any of the City's rulings or potential
rulings at all at issue in the Third District Court of Appeals?
Mr. Fine: Paul.
Paul Lipton, Esq.: No, sir, they're not.
Mr. Fine: In, in...
Mr. Carollo: Marty, is the sign going to be larger or smaller than the Miami
Herald sign?
Mr. Fine: Joe, you know I would never relate to that kind...
Mr. Carollo: No, no, no, no. I'm asking the question. You're not relating,
I'm asking it.
Mr. Fine: Oh. OK. I really don't know the size of the sign, but I suspect -
do you know, Paul?
Mr. Lipton: I have photographs.
Mr. Fine: It is less than 15 feet in height.
Mr. Dawkins: May I see the photograph, please.
Mr. Carollo: Less than 15 feet.
Mayor Suarez: Let us see the photograph.
Mr. Plummer (Off mike): My question...
Mr. Fine: Yes, sir.
186 July 23, 1987
AJ
.� 1,4 P
Mr. Plummer: ... is, I guess, an administrative thing. How can you get into
court without, as they say, exhausting your administrative procedures?
Mr. Fine: J.L., as always, you're very perceptive and the way you do it is
you file an injunction. And we did that and the court granted the injunction;
it's now on appeal. We posted a bond for part of that and the fact is we are
properly in court I assure you and I think your counsel can assure you.
Mr. Carollo: Fifteen feet in height. Walter, you're a good zoning man.
- Mr. Fine: No, I'm not saying for the record that it's fifteen feet. We think
it's less than that but I'm not sure what it is at this point.
Mr. Carollo: How tall is this sign in comparison to the Herald sign?
Mr. Walter Pierce: Mr. Carollo, I really don't know, but we'll be happy to
try to find out and let you know.
Mr. Carollo: You know, the impression that I got on that from looking at this
picture is from passing it all the times that I have along Biscayne Boulevard,
that it comparison for instance to a sign like the Herald that's been around
for sometime. This sign here is small.
Mr. Fine: I agree.
Mr. Plummer: Well, can I - maybe I've been misled by too many people. What I
understand the issue that is before us is whether or not a company who is not
a major tenant in a building have, what is considered to be a major outdoor
sign advertising that company. Now, if that's not the issue, Marty, then I'd
like to know what is. Because it's my understanding that CenTrust, who you
represent...
Mr. Fine: Yes, we do.
Mr. Plummer: ... is not a tenant in the building, yet they have a big - or a
sign on the side of the building advertising or designating CenTrust.
Mr. Fine: Let me...
Mr. Plummer: And I guess if the issue is other than that, please explain it
to me.
Mr. Fine: Well, I will relate to it very briefly, if I may. We believe
that's one of the issues. But, for sure, we comply with the terms of your
ordinance about a sign in the building for several reasons. One, it has to do
with rendering services or a product or advertising it and CenTrust has a
$20,000,000 plus mortgage on that property. Two, your administrator is - I'm
sorry - we maintain, CenTrust maintains a resident agent office in that
building for the service of process and for the receipt of someone coming to
do business with the registered agent in that building. We comply strictly
with the terms and conditions of your ordinance and our opinion which allows
the the sign to be erected. I would think, perhaps, you might want to ask Mr.
Genuardi who issued the permit, whether he believes we did and still do. And
I think you will find we do. Now, I want to say on the record, there are
other matters and other feelings and other dealings between the parties in
this case and they're all sort of coming out in a venomous manner in this
case. And you are being subjected to some of those and, in my opinion, my
unasked for advice to you is not to get involved with the lease and whether
there is a good lease or whether they have the right to have the sign between
the landlord and the tenant. That's a landlord -tenant issue. All you ought
to be concerned with, in my opinion, is whether or not your zoning
administrator properly issued a sign. We believe he did. Is it appropriate
to maintain it? We believe it is. Mr. Genuardi would, I think can tell you
that it is properly issued.
Mayor Suarez: Joe.
Mr. Joseph Genuardi: Joseph Genuardi, zoning administrator, City of Miami.
The main issue of zoning issue here is whether the sign is an on -site or off -
site sign. And I determined and classified it as an on -site sign because it
meets the definition of an on -site sign as stated in the zoning ordinance.
187 July 23, 1987
Mayor Suarez: That's the wording that...
Mr. Genuardi: Sub sec... right.
Mayor Suarez: ... says, it has to be related to the subject matter...
Mr. Genuardi: Yes, section...
Mayor Suarez: ... of the premises on which it is located or to products,
accommodations, services and activities, is that...
Mr. Genuardi: That is correct.
Mayor Suarez: Which of those categories do you fit this under?
Mr. Genuardi: Well, it fits the accommodations, services or activities. And
they do have CenTrust activities on the premise in that they do have a
resident agent on premise who is conducting CenTrust business. And,
therefore, they comply with the definition of an on -site sign.
Mrs. Kennedy: But, you see, the sign identifies the building as the CenTrust
building, the way I see it. When they really - what they really are is a
minor tenant.
Mr. Plummer: No, they're not even really a tenant.
Mr. Genuardi: Well, they're a...
Mr. Gene Stearns: They're not even a min... they're not even a tenant.
Mrs. Kennedy: Yes, not even a tenant.
Mr. Genuardi: There are many buildings that have signs that...
Mrs. Kennedy: Because a resident agent does not...
Mr. Genuardi: ... that identify a tenant and not the owner of the building.
Mrs. Kennedy: ... really signify occupying space. Yes.
Mr. Dawkins (Off mike): But they pay a rent for you to advertising, right?
Mr. Genuardi: They have a...
Mr. Dawkins (Off mike): If I put Miller Dawkins on your house, I have to pay
you for that, don't I?
Mr. Genuardi: They have a signed lease.
Mayor Suarez: Well, that's the private issue between them, but...
Mr. Carollo: Yes, I don't think we should get into that issue, that's a
private issue between them.
Mayor Suarez: Right.
Mr. Carollo: We're not involved. You know, if they want to fight about it,
they can go to court. This is not a court. I think we should only look at
the legal requirements inasfar as our zoning code.
Gene Stearns, Esq.: Mr. Mayor, Gene Stearns, and my address is Museum Tower,
downtown Miami. We represent I.R.E. With me is Kevin Orr. The issue is
exactly as Commissioner Carollo stated it. It's a zoning issue. In fact the
judge at the last hearing specifically put in his order instructions that no
party is to come before this City Commission and infer that the court has
ruled one way or the other on that sign. And that's specifically in the
order. He said the City Commission should make that decision based on the
zoning ordinances. The zoning ordinances specifically provide that in order
to have an on -site sign; this is a billboard, you have to do business in the
building. Now, to get around that, CenTrust has taken a law firm, which has
an office in the building, has appointed that law firm...
188 July 23, 1987
Mayor Suarez: When you refer to doing business in the building, are you sort
of defining generally what I previously did in more specific terms? That same
wording?
Mr. Stearns: Yes, yes, Mr. Mayor.
Mayor Suarez: You're calling it doing business, OK.
Mr. Stearns: The problem is if you think of the argument, you're obviously
setting policy here. If you can put a billboard on a downtown building simply
by taking a law firm in that building and designating that law firm as
resident agent for the purpose of accepting process, the notion is that the
sign is to direct traffic. The argument, therefore, would be that the sign is
to direct the process server to find CenTrust to serve process. That's just a
silly argument. As a practical matter, if that becomes acceptable in terms of
doing business and that becomes the definition of the City for doing business,
in effect you have created a billboard law that is substantially changes the
present status of on -site and off -site advertising.
Mayor Suarez: You keep referring to it as a billboard and I presume that's
because you - because of the size of it?
Mr. Stearns: It is, because, Mr. Mayor, a billboard would be...
Mayor Suarez: Because a billboard we think of as something that's free
standing and not attached to a building.
Mr. Stearns: I see, but in this...
Mr. Plummer: He thinks of it in the terms that this Commission has said we'll
never ever pass another billboard and he hopes that you'll embrace that
philosophy.
Mr. Fine: Yes. Thank you, Mr. Plummer, appreciate that.
Mr. Plummer: Smart man, I got to...
Mr. Fine: Appreciate that.
Mr. Stearns: Thank you, Commissioner. But what I'm focusing on is the fact
that the signed ordinance that you did adopt sometime ago requires that you be
doing business in the building to put your sign on the building. And
appointing a law firm to accept process as the zoning board held six to three,
is not doing business.
Mr. Fine: Mr. Mayor, may I make a statement, please about that ordinance?
Mayor Suarez: Well...
Mr. Fine: I'm sorry, I thought he was finished.
Mayor Suarez: I want to follow some procedures here.
Mr. Fine: Excuse me, I thought you were finished, Gene.
Mr. Stearns: No, I think in terms of the issues that are before you. I think
j that is the appropriate issue and I think its - that I've spoken, in looking
at it exactly, it says what it says and very simply that a resident agent to
accept service of process simply is not doing business.
Mr. Plummer: Let's keep this on a, if we can, a friendly basis. At least
here without any venom.
Mr. Fine: Oh, we don't have any venom, Mr. Stearns and I.
Mr. Plummer: Oh all right. Madam City - I know that Marty.
Mr. Fine: Our clients may. We don't have any.
Mr. Plummer: You're too smart for that.
Mr. Stearns: That is precisely right.
189 July 23, 1987
V 41
Mr. Plummer: Madam City Attorney, Mould you tell us; or tell me, what's
really here before us and what are we actually being asked to rule on and what
should we rule on?
Mrs. Dougherty: This question is whether or not you agree with Mr. Genuardi's
interpretation that activity on the premises could include a registered agent.
And if so, then you have upheld the zoning administrator's interpretation
which under the code that is his responsibility to interpret the codes, and...
Mr. Plummer: Have you yourself made an interpretation or finding?
Mrs. Dougherty: We agree with the zoning administrator.
Mr. Plummer: You agree with...
Mrs. Dougherty: The zoning administrator.
Mr. Plummer: May I see a copy of the code?
Mrs. Dougherty: Here it is.
Mr. Plummer: I've got to be honest with you. I haven't read it.
Mayor Suarez: Let me introduce, in the meantime, these pictures. These are
for introduction into the record? You've got...
Mr. Stearns: Yes, Mr. Mayor.
Mr. Plummer: See, I got to tell you off the top of my head without even
reading it, it seems like to me that the major tenant is usually the one who
has the sign on the building. That's the norm.
Mr. Fine: Yes, but...
Mr. Plummer: OK?
Mr. Stearns: The section is 2025.1.5 which says an on site sign is a sign
relating in its subject matter to the premises on which it is located or to
products, accommodations, services, or activities on the premises. The notion
that a law firm...
Mr. Plummer: No wait, wait a minute now. Don't ever read a part. Let's read
the rest of it.
Mr. Stearns: Or, or...
Mr. Plummer: No, it says on site signs shall not be constructed to include
signs erected by the outdoor advertising industry in the conduct of their
outdoor business.
Mr. Fine: That's right.
Mr. Plummer: I guess that has no bearing.
Mr. Fine: Mr. Plummer, may I respond for just a moment, please?
Mr. Plummer: Sure.
Mr. Fine: The resident agent is only one basis. We agree with Mr. Genuardi.
We submitted that to him. We agree with your counsel that that is one. But
let me direct your attention as your eyes follow the first two lines there.
It has to do with "or to products, accommodations, services or activities on
the premises." There is a mortgage in excess of $20,000,000 on that property
by this company. Nov, very frankly, that may not be what you would like this
ordinance to be but that's what it was when we entered into this agreement.
Let me point out to you, if I may, that CenTrust owned that building and sold
it to I.R.E. And as an essential part and an integral part of that
transaction, simultaneously or shortly at that time, entered into a lease
agreement because they want the sign.
Mr. Plummer: Marty, that has nothing to do with us.
190 July 23. 1987
Mr. Fine: Exactly.
Mr. Plummer: Now.
Mr. Fine: Now your administrator and your counsel have advised you that that
permit is validly issued and I would submit to you that you ought to uphold
what they say because it is an on site sign, it relates to the subject matter,
to wit on one phase it relates to the mortgage, on the second we have a
resident agent. Now, you will find that your legal staff is properly
redrafting this ordinance because it isn't as clear in their minds as they
would like it to be. But it's very clear in our minds as the way it is now.
Mr. Plummer: Marty, I'm going to disagree with you.
Mr. Fine: All right.
Mr. Plummer: And I'll let you get the chance to argue with my disagreement.
Mr. Fine: All right.
Mr. Plummer: What is the primary business of CenTrust?
Mr. Fine: Making mortgages.
Mr. Plummer: It is not banking?
Mr. Fine: No. Making mortgages. Primary business...
Mr. Plummer: Is CenTrust...
Mr. Fine: The largest mortgage maker in the State of Florida.
Mr. Plummer: Is CenTrust not a bank?
Mr. Fine: Of course it's a savings bank. It is a bank. It also makes
commercial loans. It started making commercial loans about two years ago. It
has made mortgage loans since 1934 when it was chartered by Mr. Lipton.
Mr. Plummer: I am not disputing that most all banks are in the mortgage
business.
Mr. Fine: No, they're not. This bank - its primary function is the making of
mortgages and the selling of those mortgages. And J.L., you could not have
asked a better question to help me argue this case than the one you asked. As
if I had sent you a note asking you to ask it. The fact of the matter is
that's their primary business.
Mr. Stearns: Follow that argument to it's logic...
Mr. Plummer: Excuse me, excuse me, is CenTrust not the bank that I did
business with called Dade Federal?
Mr. Fine: Of course.
Mr. Plummer: Now, all I did with them was banking.
Mr. Fine: I'm sure they're thrilled to have you for a customer. But I assure
you there are people in this room and there are thousands of people in the
City that the only thing they've ever done is get a mortgage in that bank.
The first mortgage I ever got, two blocks away...
Mr. Plummer: Do they issue mortgages in that building now?
Mr. Fine: Do they issue mortgages in that... no, they issued mortgage on that
building.
Mr. Plummer: No, no, no, no. This is for business, Marty.
Mr. Fine: Yes.
19l July 23, 1987
Mr. plummet: Are they doing either banking or mortgage business in that
building presently?
Mr. Fine: They are doing... J. L., if you're asking me, do they have a branch
office there, the answer is no. In the sense of making mortgages, do they
have an office there?
Mr. Plummer: Marty = no, no, no. Maybe I'm being too practical, OK? To toe,
if I'm traveling downtown and I'm going to do business with a bank or a
mortgage company called CenTrust, would it not be misleading that if I went to
that building, the things the things that I was trying to do could not be
accomplished.
Mr. Fine: The answer is no. Now you know in all candor a sign that size
isn't meant just to attract people to come to that building to do business.
Barnett Bank has about three or four in town. Capital Bank has about three or
four in town. All banks like that have them all over town to show their name
all over the place.
Mr. Plummer: Other than their primary place of business?
Mr. Fine: Of course. The primary place of business, pardon me, for
Professional Bancorp., is 3001 Ponce de Leon Boulevard. They have an office
downtown in the old Taj Building. There's a great big sign on that building.
Now, indeed, they have an office there too. What you are really getting
yourself into if I may say, is to try to interpret the legal terms of this
ordinance which is being done by a court. And you really will find, if you
ask your counsel, that they are redrafting it or thinking it because it isn't
maybe what they would like it to be. We respectfully request that you uphold
your zoning administrator and your counsel. Generally, you turn to your
lawyer and say, Madam City Attorney, how do you feel legally about this?
Seems to me she told you she thinks that this permit is validly issued.
Mrs. Kennedy: Which of his opinions?
Mr. Fine: Pardon me?
Mrs. Kennedy: Which one of his opinions.
Mr. Fine: The one that he just gave you standing before you now. Because we
furnished him with documentation to verify it. There was a point in time...
Mr. Plummer: Did he give two?
Mr. Fine: ... that there was a question about it.
Mrs. Kennedy: Yes, he gave more than one opinion, that' it.
Mr. Fine: Yes, he did. And the one he just gave you now...
Mr. Plummer: What?
Mr. Fine: ... no, there was a question about whether or not there had been
proper registration. That's been delivered to him. He appears to be
satisfied, we're satisfied.
Mr. Plummer: Well, wait a minute now. Because if we're going to find out
where we're going, we got to know where we came from.
Mr. Fine: OK.
Mr. Plummer: What was the other opinion all about?
Mr. Fine: I'll let him answer that.
Mr. Genuardi: At the zoning board meeting, I became aware that they had not,
as yet, had assigned a resident agent in the building. So they did not comply
with that portion of my requirement in order to issue the sign permit. So at
that time, I had no alternative but to say I would have to recommend revoking
the permit again. But since that time, they have sent me documentation that
they, in fact, do have this resident agent on site in the building at 100
Biscayne Boulevard.
192 July 23, 1987
Mr. Stearns: Mr. Mayor, if I may briefly respond, our law firm, for example
is resident agent for more than a hundred different companies. i follow that
argument to it's logical conclusion, we could have a hundred signs on Museum
Tower advertising those businesses. Following the other argument, the fact
that CenTrust has made a mortgage on this building years ago, virtually every
building in downtown Miami has a first mortgage, a second mortgage, some
third, fourth, and fifth mortgages. Following that argument, every mortgagee
could put a sign on the building. That wasn't the intent of this ordinance.
That reading of the ordinance is simply defies logic, common sense and plain
speak. And if that's a lawyer's argument, it isn't an argument that makes any
sense.
Mayor Suarez: Well, I'd say this, if there was anyone in the world that could
convince me that having a resident agent in that building somehow fits under
those categories, it would be Marty Fine. But I'm still not convinced.
Mr. Fine: Well, Mr. Mayor, let me try to convince you. If your ordinance was
drawn in such a manner that you wanted a store or an office of a certain size,
your counsel will tell you it's incumbent upon the City to have it in the
ordinance. You, as a lawyer, know that. You could have one inch of space and
lease in that ordinance under the sign and do it. Was that the...
Mayor Suarez: How about that. Let me clarify that because we almost got the
answer to that before.
Mr. Fine: Well, try that.
Mayor Suarez: Any tenancy whatsoever would clearly, well, of course, you're
telling me that even having a resident agent is within the statute, but...
Mr. Fine: We have an office.
Mayor Suarez: Well...
Mr. Fine: But please bear in mind, we're not only relying on it, we're
relying on the fact that there is a twenty plus million dollar mortgage
encumbering that property. You've been all over town seeing signs when
there's a construction loan, there's a sign up, this is a permanent mortgage,
that's a permanent sign.
Mr. Plummer: But it doesn't say that.
Mayor Suarez: Let me...
Mrs. Kennedy: It doesn't.
Mr. Fine: We have a lease.
Mr. Plummer: It doesn't say, this mortgage by CenTrust.
Mr. Fine: Now, your ordinance doesn't require that, J.L., you know that.
Mr. Plummer: You know, but I'm saying when I'm using your argument, you're
saying that this was financed by such and such a mortgage company, such and
such a bank.
Mayor Suarez: Are we supposed to decide this? Let me ask the City Attorney.
Are we supposed to decide this in terms of what they had at the time of the
determination by the zoning director?
Mr. Fine: No, I'm sorry.
Mayor Suarez: Because if they didn't have a - the resident agent anyhow, can
they cured that before today or is our decision supposed to be based on what
they had at the time?
Mrs. Dougherty: Your decision should be based on what they have today.
Mayor Suarez: They have today. You're not making it any easier, are you?
193 July 23, 1987
Mr. Fine: No, giving you the law on what your zoning administrator has done.
1 don't know why you all are resisting that. The fact is it's your
administrator, it's your counsel and we're in court. Don't let them put you
in a position of being a judge.
Mr. Plummer: And we also have our own minds to make up, Marty.
Mr. Fine: of course.
Mr. Plummer: And you know we do that quite often.
Mr. Fine: Yes, but I don't think you want to make up your mind as a judge. I
think what you want to do is to see if your administrator acted properly and
in our opinion he did.
Mr. Stearns: That's precisely the argument the judge told him not to make.
Mr. Plummer: Madam City Attorney, I'll have one final question. What, in
fact, is going to be decided in court? This same issue or does this issue
cloud what the court might do?
Mrs. Dougherty: This issue is not before the court at this time.
Mr. Stearns: And, in fact, Mr. Plummer, the court specifically said Mr. Fine
could not make the argument he's made. The court said, I'm just going to
preserve the status quo, until the City Commission decides what's what. And
as a practical matter, he specifically said, have you read the transcript in
the zoning board, he said, counsel, don't go before that City Commission and
say that I'm deciding this issue because I'm not.
Mayor Suarez: He didn't say that.
Mr. Fine: I didn't say that.
Mayor Suarez: He didn't say that, Gene.
Mr. Fine: No, I didn't say that and I resent your saying I did.
Mayor Suarez: No, no, no, he didn't say that - he didn't say, he only...
Mr. Fine: I didn't say it and I'm not going to let you put me in a
position...
Mr. Plummer: Marty, Marty, no venom. No venom.
Mayor Suarez: He gave us... he gave us his...
Mr. Fine: No, there's no venom, but I understand what's going on and I
understand Mr. Stearns and I know these kind of innuendos and I'm not going to
stand for it. I didn't say that!
Mayor Suarez: He didn't say it. He gave us his... He gave us his opinion on
what he think - what a court might do which is not the same thing.
Mr. Plummer: The record has got to be clear.
Mr. Fine: I am not asking this Commission to do anything that the court
prohibited us from doing. I'm asking you to uphold your own administrator and
your counsel. That's all I'm asking you to do and I'm not going to let them
mislead you about what I said because I'm full grown, I know what I said.
Mr. Plummer: And the transcripts will so reflect.
Mr. Stearns: Indeed they will.
Mayor Suarez: Anything else from either side?
Mr. Fine: Not from our side.
Mr. Stearns: No...
Mayor Suarez: Not on that particular point, hopefully, but...
194 July 23, 1987
Mr. Fine: No.
Mr. Stearns: No, I Mould just say, Mr. Mayor, that in the final analysis, it
is an important policy decision because you are going to be interpreting this
ordinance and other people will be trying to do exactly the same thing. And I
think in this particular...
Mr. Plummer: Well, I don't disagree - I don't agree with you, counsel. And
the reason for it is is Marty has said is that we are redrafting this
ordinance now so it's not really precedent setting what we do today because we
recognize that it is unclear according to this here and it could be
misinterpreted or interpreted many ways and I'm sure this Commission will
address the issue and will rectify it and make it as crystal clear as we can.
So it's not really setting a precedent.
Mr. Stearns: If I may, Mr. Plummer, in analyzing it though, the problem we
all have in the English language choosing words is that you can define things
a zillion times...
Mr. Plummer: Counsel, you make thousands of dollars off of that...
Mr. Stearns: But, you know, in...
Mr. Plummer: And so does Marty.
Mr. Fine: We are and we're happy to do it.
Mr. Stearns: And I'll say that on that Mr. Fine and I probably agree, but one
last comment, is that choosing the words in the King's English that defines
something is always a difficult proposition, no matter how many times you
draft it and redraft it. I daresay, however, that the first - the rules of
construction of statutes or regulations are clear. You look at what was
intended and if it arises from the words themselves, then it's clear. In this
particular case, choosing a law firm to accept process is not doing business
in the building. That's nonsense.
Mr. Dawkins: One question. What is - what business do you do in the
building?
Mr. Stearns: In this building?
Mr. Dawkins: Yes.
Mr. Stearns: In the New World Tower?
Mr. Dawkins: No, no, where ever the I.R.E. - where ever the...
Mr. Stearns: This is an office building. It's right across from - right
across from the Bayside.
Mr. Dawkins: I mean, but do you have an office in there?
Mr. Stearns: Our tenant - our client has an office in the building.
Mr. Dawkins: All right, what's his business?
Mayor Suarez: A real estate company?
Mr. Stearns: They're - it's a real estate company and...
Mr. Dawkins: All right now, Madam City Attorney, what prevents them, since we
have not changed the ordinance, of putting a sign on the CenTrust on the same
building?
Mr. Fine: I could answer that after she does. I'm sorry.
Mr. Dawkins: No, no, no, no, no. Now, wait a...
Mayor Suarez: I.R.E. could put a sign in the building obviously.
Mr. Fine: No.
195
July 23, 1987
Mayor Suarez: That's what Commissioner...
Mr. Dawkins: That's what I want to know from my City Attorney.
Mrs. Dougherty: Unless there's only one in - one per law...
Mr. Fine: What - the answer...
Mr. Dawkins: No, no, no, no. Wait now, wait now, Marty. Wait, Marty.
Mr. Fine: I'm sorry. Excuse me.
Mr. Pierce: I think the zoning administrator should...
Mr. Dawkins: No, I want the City Attorney to tell me. I ask who I want to
tell me. You see, that's the problem here, everytime I ask a question,
somebody's going...
Mr. Fine: No, she looked - I thought she looked at me and asked me to do it,
I'm sorry.
Mr. Dawkins: Did she do it? Did you ask Marty...
Mayor Suarez: Everybody pointed at everybody else.
Mrs. Dougherty: I don't know the answer, unless the zoning law...
Mrs. Kennedy: After all that?
Mr. Dawkins: All right - now...
Mayor Suarez: Everybody went like this.
Mr. Dawkins: And then after him, Marty, I'd like to you to clear it up for
me.
Mr. Genuardi: The zoning ordinance limits the square footage of signs that
you can have on a building. Once they use up that square footage, they can't
put up any more signs.
Mr. Dawkins: How many sides to the building?
Mr. Genuardi: The owner decides who...
Mr. Dawkins: How many sides to the building?
Mayor Suarez: Four.
Mr. Genuardi: There's four.
Mr.
Dawkins:
All right and so then - so we got
X number of feet per side. So
if
we got one
on this side, that has nothing to
do with the square footage on
the
other side, does it?
Mr.
Genuardi:
Yes, it also - it also stipulates
that there should be one wall
sign.
Mr.
Dawkins:
Beg your pardon?
Mr.
Genuardi:
They only allowed one wall sign on
each side of the building.
Mr.
Dawkins:
One wall sign?
Mr.
Genuardi:
That's what it is, a wall sign.
Mr.
Dawkins:
Where is that in this ordinance?
Spell it - read it out to me.
Mr.
Genuardi:
Let me get the book.
Mr.
Dawkins:
Where it says, only one sign.
196 July 23, 1987
V
Mr. Fine: Can I make a comment while he's looking?
Mayor Suarez: Surely.
Mr. Dawkins: Yes, go right ahead while he's looking, Marty, please.
Mr. Fine: There's a very simple answer. We have the lease on the rights to
the signs on all sides of the building.
Mayor Suarez: That's the argument - that's being argued in court though.
Mr. Fine: I mean, you know, that's like the hundred - that's about the 1000
pound elephant, where does he sit? Where ever he wants. We have the lease.
The lease is, you know, I just won't go on - one last thing while I'm talking.
Counsel who is very capable has told you about how the courts construe the
King's English. I'm going to tell you what the courts say about your zoning
administrator or any administrative official. They have broad, wide
discretion about the issuance of permits or the denial of that. And you know
that and your counsel knows that and you ought to uphold that zoning
administrator in his interpretation of the ordinance.
Mr. Stearns: We'll comment on that, Mr. Mayor, you are the zoning
administrator sitting as the Commission. You are the one that directs your
employee to do what should be done. And this argument that you can do
something that's plainly unlawful this time and then let it go by the boards
to catch it some other time.
Mayor Suarez: Well, you've over argued there, it's not plainly unlawful, it
may be somewhat illogical, but not unlawful. I wish we knew whether it was
lawful...
Mr. Dawkins: Well, go ahead - go ahead Mr. Genuardi, Mr. Genuardi, go ahead.
Mayor Suarez: Joe.
Mr. Genuardi: Actually, I was wrong about one. In some areas, some zones
there are, but in this one, it allows three such signs shall be permitted for
each frontage on which area calculations the base, one of these may be mounted
on the sidewalk.
Mr. Dawkins: So, so...
Mr. Genuardi: So for each three fronts, they can have three signs.
Mr. Dawkins: three signs, but...
Mr. Genuardi: But if they use up their total required square footage, they
can't put another sign up.
Mayor Suarez: But, have they done it in this case?
Mr. Genuardi: I believe they are just about up to their maximum.
Mr. Dawkins: OK.
Mr. Plummer: It's really immaterial, they control what signs go on the
building, so it's immaterial.
Mr. Dawkins: That's - I know that and I understand what Marty said...
Mayor Suarez: He wanted to know if you could put other signs on the building.
Mr. Dawkins: ... but I want to know about other buildings.
Mayor Suarez: Right.
Mr. Dawkins: OK? That's fine, but somebody else may want to come in here
while we got a ordinance that's all screwed up and put up some signs.
Mr. Stearns: Nothing wrong with this ordinance.
197
July 23, 1987
V. 0
Mr. Dawkins: And I want them to know that they can put them on all three -
buildings downtown if they want to. That's all I'm saying.
Mr. Stearns: Mr. Dawkins, there's nothing wrong with your ordinance. Your
ordinance says very clearly exactly what you can't do in this space and the
argument that lawyer makes to say, the ordinance is messed up, therefore, let
us in and clean it up later - the ordinance is clear.
Mr. Dawkins: OK, but, air, now Marty fine made one statement and if you can
clear it up for me, I'll be out of this. He said they have a lease that
determines what they can do in the building on the...
Mr. Stearns: They don't, Mr. Dawkins, in fact the lease specifically says,
they have a sign lease but the lease specifically says they can do no other
business in this building without the landlord's permission, period. And, as
a practical matter, that signed lease only gives them the right to put a sign
on the building and that was a predecessor lease and that lease must be - that
sign must be put up consistent with the building codes. The building code
says you can't put up the sign unless you maintain an office, do business, in
the building. And they don't do...
Mayor Suarez: But this is what's being argued in the Appellate Court.
Mr. Stearns: No, what's being argued - yes, in a sense...
Mr. Fine: Yes.
Mr. Stearns: ... but what's being argued here is the issue of whether they're
doing business.
Mr. Dawkins: Yes, but, they went, see, after the first hearing and they put
an office in the building and they're doing business in the building...
Mr. Stearns: No, no. No, Mr. Dawkins, Mr....
Mr. Dawkins: ... and that's what they - that's why he made his...
Mr. Stearns: Mr. Dawkins, they don't have an office in the building. They
don't do business in the building. They have no activities in the building.
All they have is a law firm accepting process, and I might point out, under
the State savings and loan codes, they're not even required to have a resident
agent.
Mr. Plummer: Boy, I am sure glad that this was a simple two minute, non
controversial item.
Mrs. Kennedy: See, what they're saying...
Mr. Fine: Should have been. It's not controversial as far as we're
concerned. It's very clear. It's really very simple.
Mayor Suarez: You had to say that.
Mr. Fine: Yes. Just couldn't resist it.
sure Mr. Stearns is...
Mr. Stearns: I am.
Mr. Fine: ... you all are ready to vote.
Mr. Stearns: They're not doing business.
it, they're just not doing business.
I'm willing to stop talking, I'm
No matter how many times you say
Mayor Suarez: OK. What's the Commission's pleasure?
Mrs. Kennedy: See, what they're saying is that having a resident agent does
not constitute occupying space. And that's basically - and I tend to agree,
Marty, I...
Mr. Fine: But that's not our only grounds. We're asking you to uphold your
administrator on the grounds that we comply with the ordinance. And he feels
we comply with the ordinance and your counsel feels we've complied with the
ordinance.
198 July 23, 1987
i '%
Mrs. Kennedy: I usually agree with them and I usually vote the way they
recommend, but I do have exceptions. And this is only one vote.
Mr. Fine: Well, whatever. Of course. Of course.
Mr. Plummer: Well, Marty, I - You've not changed my mind. If CenTrust did
banking or did mortgage in that building, I would concur with you. But, a
resident agent just to collect rents in my estimation, I'm sure that the - the
hang-up here is on the word activity, what defines activity? That's in my
mind. OK? I'm saying to you that if CenTrust did either what I know them as
banking or they did mortgaging business in that building, that they would have
every right. But where they don't have that kind of activity to the general
public, CenTrust to me, is a bank. And that's just the way I feel.
Mayor Suarez: What's the posture on appeal here?
Mr. Plummer: I'm really questioning one thing. Are we, and I'll ask my City
Attorney, because I've asked it in a different way. But, by any action, which
ever way we go today, are we in any way clouding the issues before the court,
to your knowledge?
Mrs. Dougherty: No, sir.
Mr. Plummer: OK.
Mayor Suarez: What's the posture? Who's the applicant and which way should a
motion read?
Mrs. Dougherty: If you agree with the zoning administrator, then you would be
reversing the zoning board. If you disagree, then you're upholding the zoning
board.
Mr. Plummer: The board.
Mrs. Dougherty: Correct.
Mayor Suarez: I'll entertain a motion accordingly. Either way.
Mr. Plummer: Hey, if you can't bet, don't get - fold your hand. I made
myself clear. I would make a motion to uphold the zoning board.
Mrs. Kennedy: And I second.
Mayor Suarez: Moved and seconded. I happen to agree so either way. Call the
roll.
Mr. Dawkins: I don't have to vote. You got three votes.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-754
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD TO REVERSE THE DECISION OF THE ZONING
ADMINISTRATOR TO ALLOW THE ISSUANCE OF A SIGN PERMIT
FOR AN ON -SITE SIGN TO BE LOCATE AT 100 BISCAYNE
BOULEVARD, PURSUANT TO SUBSECTION 2025.1.5 OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote-
199 July 23, 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.
68. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT AT 2100 BRICKELL AVENUE
FROM RG-2.1/3.3 TO RG-2.1/5
Mayor Suarez: Planning and zoning, item one.
Mr. Guillermo Olmedillo: PZ-1, it's a zoning change. It's a change from an
RG-2.1/3.3 to an RG-2.1/5. This is a sector change. This is a second
reading. The applicant has submitted a covenant which is in your packets and
he complied with Commissioner Kennedy's request.
Mrs. Dougherty: Got everything? Is this one going to be in the record?
Here, put it in your record.
Mayor Suarez: This was unanimous on first reading?
Mr. Olmedillo: Yes, sir.
Mayor Suarez: And it's a second reading. Do we have anyone from the general
public that is here to be heard for or against this item? More specifically,
I guess against, right?
Mr. Dawkins: What item?
Mayor Suarez: PZ-1. Let the record reflect that no one stepped forward.
Mr. Plummer: Was there any request from this Commission for any covenants?
Mr. Olmedillo: Yes.
Mrs. Kennedy: Yes, $5,000 toward child care.
Mr. Olmedillo: Yes, ma'am.
Mr. Plummer: Have we seen the covenant? Madam City Attorney, do you have the
covenant on this matter?
Mrs. Kennedy: Yes, it is in the package.
Mr. Olmedillo: It's in the packet and they have complied with...
Mr. Plummer: Is that a voluntary covenant?
Mrs. Kennedy: Yes.
Mr. Olmedillo: It is a voluntary covenant. Yes, sir.
Mr. Plummer: Does it cover all the points that this Commission requested and
asked for?
Mr. Olmedillo: Yes, sir.
Mrs. Kennedy: And it's prior to the issuance of her seal, correct?
Mr. Olmedillo: Prior to issuance of the certificate of occupancy. Yes,
ma'am.
Mrs. Kennedy: OK.
rmi
July 23, 1987
Mayor Suarez: Call the roll. I'm sorry, we don't have a motion yet.
Mrs. Kennedy: And the City would - and the City would have enough control as
to building height limitations and landscaping and...
Mr. Olmedillo: The covenant reads a height limitation, a rear setback
limitation also.
Mrs. Kennedy: I move it.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2100 BRICKELL AVENUE, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2.1/3.3
GENERAL RESIDENTIAL TO RG-2.1/5 GENERAL RESIDENTIAL BY
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 37 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 May 28, 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 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. 10307.
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.
69. DISCUSSION CONCERNING ZONING CHANGES NOT BEING CONDITIONAL
Mr. Plummer: Mr. Mayor, while PZ-2 is coming up, I'd like to ask the City
Attorney to prepare and research that on a change of zoning we know that it
cannot be conditional. Can the City Commission, on a change of zoning, if a
time lapse expires that that property is not used it reverts back to the
original application. What I'm saying is, I think it will stop a lot of
speculation. That people come up here and say we want to do this, this and
this and then they never do it, but they sell it at the higher price. Can we
put a stipulation on all changes of zoning that if they do not do what they
said or what they intended to do within a one year period, or whatever,
research it, bring it back, I don't want an answer now.
201 July 23, 1987
70. CONTINUE CONSIDERATION OF APPEAL BY DEIDRE'S GROVE INC. AT 3250 S. DIXIE
HIGHWAY TO CONSTRUCT OFFICE BUILDING.
Mr. Olmedillo: OK, PZ-2 is an appeal to a denial by the Zoning Board of a
request to obtain a variance for a height, a waiver of loading space
requirements and a reduction of parking spaces. You, Mr. Plummer, instructed
the applicant to come back to staff and try to show us if they can fit an
additional level of parking, basically, if they add another level of parking,
they are just increasing the height of the building, which is already
requesting a variance, they did not obtain but three or four spaces in one
level because of the shape of the site itself. The Planning Department has
recommended denial because there is no hardship to justify the bulk of the
building eliminating what...
Mr. Plummer: No, the hardship, as I recall, was based on the size and the
deed, the shape of the property.
Mr. Olmedillo: The Planning Department has held that if you eliminate one
floor of offices, you would comply with code, therefore the Planning
Department has recommended denial of the petition. So does the your Zoning
Board.
Mayor Suarez: Is there anyone here to be heard? You are for the applicant?
Mr. Howard Horowitz: Yes.
Mayor Suarez: Against the applicant, just to be sure.
Mr. George Campbell: May I add for the Public Works Department, and for the
record, George Campbell, representing them. We agree with the Planning
Department. We are quite concerned with any variance of this nature to
eliminate parking spaces, particularly in an area like this. Parking is at a
premium right now. The elimination of the parking spaces would then throw
some of the parking for the building onto the street. In addition, they are
asking to eliminate a loading area for the building and this would again throw
any loading, unloading, whatever, on the street, which would take up some of
whatever available parking there is there. It is true that the architect came
in, spoke with me, showed me a couple of sketches that he made concerning
adding another level of parking in there. In order to do that, he had to
fiddle around with the ground level parking that was there, lose some spaces
there. The agony aggregate, as Guillermo said, he only gained two or three
spaces. In discussion with the architect, I suggested to him that if he were
to take the upper level, the top floor, reduce it, reduce the height the
building, then he would comply fully with the terms of the zoning ordinance
and that he would no longer need to have that loading area and he would have
sufficient parking for the vehicles that would visit the building. If I may,
there is another building on Dixie Highway, about three blocks away, which
was built on a sicailar site with similar constraints, similar dedications that
were required and they managed to do it within the code without variances.
Mrs. Kennedy: Has there been any opposition at the meetings?
Mr. Olmedillo: No, Ma'am, not publicly. There may be on the record through
the mail, but not here in the meetings themselves.
Mr. Plummer: Mail favors in reply, three. Mail favors against, one. There
were two proponents at the meeting. It doesn't seem to be any opponents at
the meeting.
Mr. Plummer: Well, how much square footage per floor?
Mr. Olmedillo: Would the applicant please respond to that, please?
Mr. Horowitz: How much square footage per floor?
UNIDENTIFIED SPEAKER: About 3,000
MR. Horowitz: About 3,000.
202
July 23, 1987
Mr. Plummer: How many floors you going to have total?
MR. Horowitz: There is one floor of parking and one underneath and four
floors of office space, a total of five floors. If I can show something else,
we...
Ms. Hirai: Excuse me, air, you take this microphone.
Mayor Suarez: You can take...
Ms. Hirai: No, but we need it on the record.
Mayor Suarez: So we can get it in the transcript.
Mr. Howard Horowitz: For the record, my name is Howard Horowitz, 2701, S. W.
LeJeune Road. We have presented this...
Mr. Plummer: Sir, are you an attorney?
Mr. Horowitz: Yes, I am, I have already registered.
Mr. Plummer: You have registered, all right.
Mr. Horowitz: Yes, last time. The last three times I've been here. OK,
thank you. We made this presentation before the Commission and basically this
is a rendering, but with respect to the height, first. I think let's address
that first. We have shown that all around up and down Dixie, that there are
several buildings that are six or seven stories high, including the ones
directly behind the property in question. The property in question, as we are
showing to you, this green acute triangle property. There is a HUD building
six stories, one six stories here. Mr. Mayor, you are familiar with Grove
Plaza which is seven stories, which is the building you are located in. HUD
story building is seven stories and five stories all along Dixie Highway. So,
with respect to the height, we are inconsistent with what's happening on Dixie
Highway. With respect to what Commissioner Plummer and the other
Commissioners, we had presented to you, here is the property. It is an acute
triangle. It is very unique in that sits directly facing... it's 3250 South
Dixie Highway, and the rendering shows it will have an outside elevator, it
will be aesthetically pleasing. What makes this property so unique, you can
only make the building one way. You can't make a square building in a
triangle, because of the constraints of the building. This is so unique that
the building structure on it must be built triangularly also, and given the
constraints of the area, when we try to make the parking spaces another floor,
which Commissioner Plummer, you suggested, and which we complied with and came
before the agency and explained that to them, and they have showed you that
even though we added a floor, we would only get one or two spaces of parking.
You have to have the parking come in from over here or from Trade. This
being Dixie, you don't want any traffic coming in, ingressing from Dixie
because of the heavy traffic there.
Mayor Suarez: Counselor, let me just ask the Commission if anybody has any
questions that they want directed...
Mr. Plummer: Yes, the question you spoke, Counselor, at the last meeting in
reference to having off site parking, that you have leases, would you repeat
that for the record, which ones you have committed?
Mr. Horowitz: Yes, we have attempted to get a significant amount of off site
parking. We have not been able to get any, but we did secure additional
parking spaces from the Boys' Club, which is across the street, across South
Dixie Highway, for nine spaces and that should be in the file. They have
agreed that our tenants can park there and use those spaces. We have a lease
with them, providing of course, the Commission approves that. Also, we
brought to the Commission's attention, if you recall, that this is directly in
the middle, or...
Mr. Carollo: Excuse me I'm sorry, counselor...
Mr. Horowitz: That's all right.
203 July 23, 1987
•
Mr. Carollo:... I missed something here.
Highway and 32nd Avenue?
You said the Boys' Club at Dixie
Mr. Horowitz: Well, no, the Boys' Club is diagonally across the street from
Dixie Highway. In other words, our building is on the south side of Dixie.
The Boys' Club is on the north side of Dixie.
Mr. Carollo: Your building is in the Zayre's...
Mr. Horowitz: Zayre's side, right, and the Boys' Club is across Dixie
Highway.
Mr. Cather: And they have offered you nine spaces there.
Mr. Horowitz: Yes, they have.
Mr. Carollo: Who do you think is going to park in the Boys' Club, way inside
and walk Dixie Highway to get to any office?
Mr. Horowitz: OK, Commissioner Carollo, we believe that the people who work
there all day, who don't have to use their cars in and out will park there It
would be no different than those who would be using the Metrorail. There is
the Grove Plaza and the Douglas Plaza, which service South Dixie Highway.
What the tenants have agreed to do, excuse me, the owners of the property have
agreed to do, and we bring this to your attention, is to provide a shuttle
service in the morning and in the afternoon for those people using the
Metrorail and they will present this to you, but I tell the Commission this
now, that they are more than willing to do that. Also, with respect to the
parking, one other thing, that this will be strictly for professional
services, there won't be any retail shops or anything like that and with
respect to the loading zone, that most people use vans now, I don't think that
is a major problem, but I think what we are really stressing before the
Commission and allow for it in the zoning, is that it is a hardship because of
the unique shape and size and constraints of this lot, otherwise to let it go
would be not beneficial to the City.
Mr. Plummer: I don't agree with you, counselor, as to a hardship as to the
size. As to the shape, I agree with you.
Mr. Dawkins: What happens when those individuals assigned parking spaces in
the Boys' Club decide that they don't want to park over there and they park in
front of people's homes or driveways?
Mr. Horowitz: Well, the only thing we can say is that they cannot park in the
building, and they of course, if they park in any lot, or anyone's home or
private property, they are subject to being towed like anywhere else. Of
course, we will instruct those tenants who are assigned those spaces, "That is
your assigned space. You are not allowed to park in the building. If you
park anywhere else than designated, you are like anywhere else in the City of
Miami...
Mr. Dawkins: Madam City Attorney...
Mr. Carollo: I am sorry, but there is no way that I could buy that, not with
the traffic you have on Dixie Highway. I know the Boys' Club, I get my
Christmas tree there every year. I know their parking. There is no way in
the world that you are going to get people to park in the Boys' Club parking
lot and cross Dixie Highway and you go to any other office building there. No
way!
Mr. Walter Pierce: Just for the record, also I believe Counsel said that they
had agreed to lease nine spaces from the Boys' Club, but the document in the
agenda package, hand lettered page number 7, mentions specifically six spaces!
Mr. Horowitz: I'm sorry. If that was it, I didn't mean to misrepresent.
Mr. Dawkins: OK, Madam City Attorney, in the event that this was approved, is
there any way we would legislate that they be responsible for a tow truck to
be available when cars block people's neighborhood and their driveways, that
they be towed away at the building's expense?
Mr. Plummer: In a variance, you can put anything in it you want.
204
July 23, 1987
Mrs. Dougherty: You can make any condition you want to.
Mr. Plummer: The only problem with that, is to have it towed from private
property. You would have to have a policeman there to do it. A wrecker
wouldn't...
Mr. Carollo: Not only that, there is no way in the world you are going to
make it binding that they have to pay for somebody that is towed from
somebody's private property. How are you going to prove that they were in that
building.
Mr. Horowitz: We can tell... excuse me, if we assign certain cars, if the
tenant has a car, whether it be a 75 Oldsmobile with a tag, we know that that
is the only place that they are allowed to park.
Mr. Carollo: Counselor, I understand, you know, what you are trying to do and
I can't blame you. You know, you can also try to sell us the Brooklyn Bridge,
but you know, that is just why we have zoning laws.
Mr. Plummer: I want to help you, OK?... but you are not going to be helped
today. We tried one avenue, OK, and that avenue was to try to get the
additional parking on site. I don't think I can go with nine additional
spaces. You can go, if you can come up with double that number, and have
decal parking on site, where you can regulate, with a shuttle back and forth.
If you can come up with some way within... what is the on site, 300 feet?
Mr. Pierce: Off site is 200 and...
Mr. Olmedillo: Up to 600.
Mr. Pierce: Up to 600.
Mr. Plummer: Up to 600 feet, I think if you can come back here and say to
this Commission that you have got the possibility... not the possibility, a
lease for 18 spaces, within 600 feet, I think you have got a shot, OK?
Mr. Horowitz: We have attempted, I mean really made a very strong attempt,
including the Zayre's...
Mr. Plummer: Counselor, if you know you are going to lose and that is the
only shot you got, I think you want to go back and try it again.
Mr. Dawkins: See, our only problem is, as Joe said, this is on Dixie Highway,
and you said yourself, you nor I want any traffic, egressing or ingressing on
27th.
Mr. Horowitz: Right now, the way the building is designed, the ingress and
egress is on Trade. It is not on South Dixie. There is no parking on Dixie.
Mr. Dawkins: But see, there is no parking period, that is our problem.
Mr. Horowitz: Well, there is parking. There is...
Mr. Dawkins: But you... like J.L., said, you get me 18 parking spaces, you
got my vote.
Mr. Horowitz: Well, I don't know there... I mean, we have tried, and I
appreciate the Commissioner's suggestion.
Mr. Dawkins: OK, I think if you want the building bad enough, I think you
will find them.
Mr. Carollo: But, gentlemen, you know, whether he comes back and has a lease
for a 100 spaces, forget 18... if he brings you a 100 spaces that he has
leases for, if they're in places that you know that people are not going to
park there, and it is all being done as a subterfuge to get this approved and
then they are never going to be used, then you are back to square one, you are
going to have the same problem that you are trying to avoid there, and that is
what I am talking about. Look what is happening in Coconut Grove there, in
downtown Coconut Grove. You have the church and a couple of other places that
everybody in downtown Coconut Grove that wanted to build, and didn't not have
205 July 23, 1987
enough parking spaces, they all leased the same spaces that ten other people
have leased from the church, and from a couple of other places there, So what
do you have? You have a complete mess in downtown Coconut Grove, and that
should have never happened. We should have made sure that there would have
been enough parking spaces where they couldn't play the shell game of leasing.
Mr. Horowitz: That's exactly what we avoided. We did not go to apartments
right next... well we did, and asked if they had extra spaces, and we did not
want to in any way mislead the Commission...
Mr. Carollo: You would have gone to anywhere, you could have gotten some
space, I can't blame you.
Mr. Horowitz: Well, we did, I'm saying, we went to all these places, but if
they didn't have the requisite required amount they could not give us and we
could not make that presentation to you in good faith, that is why I am saying
in good faith what we did do. We are not saying... we went to the Zayre's
parking lot. I'm saying in good faith, because we know there is sufficient...
Mr. Carollo: You know why rapid transit in a place like Florida, particularly
southern Florida will not work?
Mr. Horowitz: I'm sorry, what?
Mr. Carollo: Do you know why rapid transit will not work in a place like
Florida?
Mr. Horowitz: I've heard about rapid transit.
Mr. Cather: Besides the weather.
Mr. Horowitz: Yes.
Mr. Carollo: That people don't have to worry about the cold weather and going
out and so on. You usually find enough parking spaces in most areas that you
go to. Now, I don't think that just because your particular building has that
problem that people are going to go and take rapid transit over to you. If
that was the problem everywhere, then you might force people to do that. Now,
if you look at all Miami and every where you look, you have got scores of
office buildings and now they are empty... plenty of office buildings.
Mrs. Kennedy: Let me tell you where I stand. I had, when I first saw these
lots of problems with the 21 parking spaces, with the off street loading zone,
but then again, it is a very odd shaped building and there is no opposition in
the neighborhood. I think that...
Mr. Horowitz: I am not aware of any other than the letter that...
Mrs. Kennedy: Right.
Mr. Horowitz:... I'm am not aware of any.
Mrs. Kennedy: But, I figure that you know, they could have attended the
meetings, which they didn't.
Mr. Horowitz: We have been before the Commission, I think three times now.
One time you didn't get to us, last time because you had to end early, but I
am not aware of any opposition that has come here from any of the surrounding
buildings, other than the one letter that is in the file.
Mayor Suarez: I'll entertain a motion from someone.
Mr. Pierce: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Pierce: Before you do that, just thought we would correct one thing. As
regards any potential for leasing spaces at the Boys' Club, Boys' Club site is
on residential, therefore you cannot use parking there to serve the more
liberal use on South Dixie, so that would not be permitted at any rate.
Mayor Suarez: OK, what is the motion? Are we going to...
206 July 23, 1987
Mrs. Kennedy: OK, did you make a motion or a suggestion?
Mr. Plummer: I didn't make a motion.
Mrs. Kennedy: gut you had a suggestion.
Mr. Plummer: What?
Mrs. Kennedy: You had a suggestion.
Mr. Plummer: I'll make a motion that the matter be deferred, giving the
applicant the opportunity to find additional... now, you have further
complicated it... to give the applicant time to find additional parking
spaces.
Mayor Suarez: Sounds like your only shot. So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded.
Mr. Horowitz: Can I just make a comment now?
Mayor Suarez: At your own risk.
Mr. Horowitz: One of the things that the owner just suggested to me with
the...
Mr. Plummer: Five days.
Mr. Horowitz:... before you vote here, if we reduce the top floor by 40
percent or 50 percent, would the Commission consider that also.
Mr. Dawkins: Go to the Administration with that.
Mayor Suarez: Yes, I would think that we would want that back also as part of
the deferral. It may be that...
Mrs. Kennedy: Would they still need a variance?
Mr. Horowitz: If you defer it, then OK, just...
Mayor Suarez: Yes, I don't know how that affects the parking requirements and
everything else.
Mr. Carollo: Well, I don't know, but I would say this to you, that I for
one, I am not concerned necessarily with how much bulk you have in the
building as I am with making sure that you have adequate parking space. In
fact...
Mayor Suarez: Well, that is why I said, I don't know, it might affect the
parking requirements.
Mr. Carollo: I would rather give a variance for you to go higher...
Mr. Horowitz: OK.
Mr. Carollo:... but include more on site parking spaces.
Mr. Horowitz: The only problem, Commissioner Carollo, you know it is more...
Mr. Carollo: It costs more money, of course.
Mr. Horowitz:... we can't get the turn, because the property is so triangular.
Mr. Dawkins: But the only thing sir, the only thing is, we can't discuss
that, because then it looks as if we are contracting with you, if you do this,
we will do that for you, and that is wrong.
Mr. Horowitz: I understand. It was only an alternative.
207 July 23, 1987
r
Mrs. Kennedy: OR, why don't we defer it, you go back to the Administration,
work it out with theta and then come back to us in September.
Mr. Plummer: My motion does not preclude your making a proposition to the
Administration as you have just made here or some other proposition.
Mr. Horowitz: OK.
Mayor Suarez: So moved. Do we have a second?
Mrs. Kennedy: Yes.
Mayor Suarez: Seconded. Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-755
A RESOLUTION TO CONTINUE CONSIDERATION OF AN APPEAL BY
DEIDRE'S GROVE INC. FROM THE DENIAL OF A VARIANCE FOR
CONSTRUCTION OF AN OFFICE BUILDING TO BE LOCATED AT
APPROXIMATELY 3250 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA
TO A FUTURE MEETING IN ORDER TO GIVE APPLICANT THE
OPPORTUNITY TO FIND ADDITIONAL PARKING SPACES.
(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
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
71. CLOSE STREET: PORTIONS OF N.E. MIAMI CT. & N.E. MIAMI PLAZA BETWEEN N.E.
58 AND 59 STREETS AND GENERAL VICINITY.
----------------------------------------------------------------------------
Mayor Suarez: PZ-3, street closure, Dade County School Board.
Mr. Plummer: Move it.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Anyone wishing to be heard for or
against it?... particularly against? No, you are not going to be against.
Call the roll.
Mr. Carollo: That number?
Mayor Suarez: PZ-3.
Mr. Carollo: All right.
208 July 23, 1987
&�� 0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-756
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
NORTHEAST MIAMI COURT LYING NORTH OF THE NORTH RIGHT-
OF-WAY LINE OF NORTHEAST 58TH STREET AND SOUTH OF THE
SOUTH RIGHT-OF-WAY LINE OF NORTHEAST 59TH STREET, THAT
PORTION OF NORTHEAST MIAMI PLACE LYING NORTH OF THE
NORTH RIGHT OF WAY LINE OF NORTHEAST 58TH STREET AND
SOUTH OF THE SOUTH RIGHT OF WAY LINE OF NORTHEAST 1ST
COURT, AND THAT PORTION OF NORTHEAST 58TH TERRACE
LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF NORTHEAST
MIAMI PLACE AND WEST OF THE WEST RIGHT-OF-WAY LINE OF
NORTHEAST 1ST COURT, ALSO DESCRIBED AS TRACTS A, B AND
C. AS SHOWN ON AND ALL AS A CONDITION OF APPROVAL OF
TENTATIVE PLAT NO. 1285, "TOUSSAINT L'OUVERTURE SCHOOL
LEMON CITY PARK SITE."
(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
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Carollo: Time out! Excuse me.
Mr. Plummer: Street closure for the School Board, Joe.
Mr. Carollo: OK, that is fine.
Mayor Suarez: Yes, very eloquent today!
72. GRANT $15,300 TO XI ANNUAL CARIBBEAN YOUTH BASEBALL SERIES (RENT AT BOBBY
MADURO) AND FURTHER ALLOCATE $20,000 FOR SERIES' EXPENSE.
Mr. Carollo: If I may, real briefly, we need to approve this for the Manager,
otherwise he is not going to be able to give the funds...
Mr. Plummer: What?
Mr. Carollo: ... that we approved for the baseball series that we have at
Miami Stadium.
Mayor Suarez: Move it.
Mr. Carollo: (AT THIS POINT, COMMISSIONER CAROLLO READS INTO PUBLIC RECORD
FIRST PART OF RESOLUTION, SEE HEREINBELOW)
Mayor Suarez: This is a formalization of prior action?
Mr. Carollo: Yes. (COMMISSIONER CAROLLO READS INTO PUBLIC RECORD REMAINDER OF
RESOLUTION. SEE HEREINBELOW)
Mr. Plummer: Second.
I
209
July 23, 1987
Mayor Suarez: Moved and seconded. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 67-757
A RESOLUTION CONCERNING THE XI ANNUAL CARIBBEAN YOUTH
BASEBALL SERIES, ALLOCATING AN AMOUNT NOT TO EXCEED
$15,300 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, TO COVER THE COSTS FOR RENT AND CITY SERVICES
REQUIRED FOR THE STAGING OF SAID SERIES AT THE BOBBY
MADURO MIAMI BASEBALL STADIUM FROM JULY 27 THROUGH
AUGUST 1, 1987; FURTHER ALLOCATING AN AMOUNT NOT TO
EXCEED $20,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND AS A ONE-TIME GRANT TO THE SPONSORS OF
SAID SERIES FOR OTHER EXPENSES CONNECTED WITH SAME;
DIRECTING THE DEPARTMENT OF CONFERENCES AND
CONVENTIONS TO WORK WITH SAID SPONSORS TO LOCATE
DONATIONS OF MEALS AND HOTEL ROOMS FOR PARTICIPANTS IN
SAID SERIES; PROVIDING THAT NO CITY FUNDS BE GIVEN TO
SAID SPONSORS UNLESS AND UNTIL SAID SPONSORS AGREE
THAT THE CITY COMMISSION APPROVE IN ADVANCE ANY
EXPENDITURE OF PROCEEDS FROM SAID SERIES AND THAT THE
CITY COMMISSION BE ALLOWED TO CONDUCT A POST -SERIES
AUDIT; FURTHER SUBJECT TO AND CONTINGENT UPON
COMPLIANCE WITH SUCH OTHER CONDITIONS AND LIMITATIONS
AS MAY BE PRESCRIBED BY THE CITY.
(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.
73. PREPARE IMPLEMENTATION PROGRAM FOR VIRGINIA KEY MASTER PLAN (See label
#76)
Mayor Suarez: PZ-4, Walter.
Mr. Pierce: Mr. Mayor, the last item, PZ-2, could we change that from a
deferral to a continuance, just for the record?
Mayor Suarez: Yes.
Mr. Plummer: Sure, why not? Be my guest.
Mayor Suarez: PZ-4, Virginia Key master plan. Is there anyone here that
wishes to be heard against the City's proposed master plan?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: For what?
UNIDENTIFIED SPEAKER: To make a point.
Mayor Suarez: To make a point? Not for, or not against?
210 July 23, 1987
16 16
Mr. Rodriguez: Before we start, is it possible that we distribute to you the
copies that we gave you in the previous meeting again and some additional
information that we want to put on the record that reflects the action of the
Shoreline Ordinance Review Committee that met yesterday and supported the
position from the Planning Department in a presentation and also for the
record...
Mayor Suarez: So ordered into the record. Do you have that in writing,
Sergio?
Mr. Rodriguez: We have it in writing. You have a package in front of you that
will include that and we are going to give a copy to the City Clerk and the
City Attorney. It also includes a letter dated July 23rd from the Shoreline
Ordinance Review Committee, and in addition to that, that packet also includes
a letter from the Tropical Audubon Society and a resolution and some other
information. We, since the last time that we came before you on this item in
January of 087, we have been meeting with all the agencies from the State and
the County that we mentioned that we are going to go through and in addition
to that, we went to the Planning Advisory Board, got complete approval from
the Planning Advisory Board and the Shoreline Ordinance Committee and also...
Mayor Suarez: You are doing all this to build up a record of some sort?
Mr. Rodriguez: Yes.
Mayor Suarez: In case of a court challenge?
Mr. Rodriguez: I want to make sure that we have a good record on this because
in the letter that we received from the Tropical Audubon Society, they reflect
some opposition to this master plan. The concerns that they have, and they
are reflected in the resolution, I want to make sure that we have all these
built in the record in case there are any questions probably in the future in
relation to this, and now with that, I would like Planning Department and
staff, I have here tonight Jack Luft...
Mayor Suarez: But there is nothing to preclude that we would make amendments
if they had some sort of objection that made sense to us, is there?
Mr. Rodriguez: I think that would be taken care of in the future, if it is
necessary.
Mayor Suarez: That would be what?
Mr. Rodriguez: That would be possible in the future if it is necessary.
Mayor Suarez: I don't... OK.
Mr. Rodriguez: We have today Jack Luft from the Planning Department and staff
and Janet Gavarrepe that will make a presentation for you and if you have any
questions, we will be glad to answer them.
Mayor Suarez: Unless the Commissioners want to hear it, I am...
Mrs. Kennedy: What are we doing today, Jack, approving this?
Mayor Suarez: ... had your presentation made to me already.
Mr. Plummer: Well, why don't... I think we need to read into the record that
which I think is the most important thing is the summary of the Dade County
staff, and the summary reads as number 4, the Master Plan will encourage the
orderly development of this property while protecting valuable resources. As
such staff could support a favorable recommendation, conditional with the
above noted items being addressed.
Mayor Suarez: Recommended by staff?
Mr. Plummer: No, this is Dade County.
Mayor Suarez: Oh, very good. Ma'am?
Mrs. Dorothy Cohen: May I speak?
211 July 23, 1987
Mr. Rodriguez: if we may, could we make a very short presentation by Jack
Luft of the staff and... unless you don't want to.
Mayor Suarez: He is all dressed up for it, it's so unusual to see you like
that.
Mr. Rodriguez: If you don't... if you believe, since we have met with you
before on this item with all of you, we can leave the presentation out and be
ready to answer any questions that you might have.
Mr. Pierce: Mr. Mayor, before we...
Mayor Suarez: Twenty minute presentation, is that what you said?
Mrs. Kennedy: That's it.
Mr. Rodriguez: We made a presentation before, sometime ago to you in January.
Mayor Suarez: No, no, I don't need any presentation whatsoever. I'm sorry
that Jack dressed up for the occasion, but...
Mrs. Kennedy: We don't need to see that.
Mr. Rodriguez: If you don't want a presentation, we are ready to answer any
questions.
Mrs. Kennedy: All dressed up and no where to go.
Mr. Pierce: Mr. Mayor, just for the record, I'd like to read into the record
a letter from Metropolitan Dade County addressed to Sergio Rodriguez, as
director of the City of Miami Planning Department.
"Dear Mr. Rodriguez: Enclosed please find Shoreline Committee
resolution no. 87-8 and staff report for the above noted project
which was passed by the Shoreline Review Committee on July 22,
1987. As required by Dade County ordinance 85-14, this resolution
shall become a part of all hearing and permit records. Upon the
issuance of approval, this committee must be provided a copy of the
City Commission action within 21 days to insure compliance with the
subject recommendation. This resolution is rendered with the
understanding that all existing deed restrictions will be adhered
to or modifications approved by the County Commission as needed.
Should you have any questions or need assistance, please contact
County Shoreline Coordinator."
That is signed, David Smith for William O'Leary, who is chairman of the
Shoreline Development Review Committee.
Mayor Suarez: Ma'am.
Ms. Dorothy Cohen: My name is Dorothy Cohen. I am president of the Key
Biscayne Property Taxpayers and this is the largest organization on the Key,
and has been so for over 16 years. I am here today just to make two points.
This is a very massive proposal and our concern is for the thousands of people
who live there with only one exit and one entry to our little island. We
welcome all people to come to the island to use the parks and beaches, but we
are concerned about the one big problem we have - one exit, one entry to our
homes and it is getting pretty blocked up already, so I just want you to bear
in mind, in considering this proposal. The other thing that I would like to
say is that in many years past we had been invited to work with the Planning
Department, put in our input and work with them. I would appreciate it if we
could be included in the present plan and that is all I have to say today.
Mrs. Kennedy: Makes sense.
Mayor Suarez: Thank you much. Yes, in a sense, this is a way of keeping
people from coming all the way into the island, because they would be
attracted by some of the things that are being done on this island, so they
would not go all the way into Key Biscayne, so it may actually reduce the
number of people using the beaches in Key Biscayne and so on.
212 July 23, 1987
Ms. Cohen: But our doors will be locked.
Mayor Suarez: Yes, we understand, that is one bridge.
Ms. Cohen: You see, that is the problem. If we could have another bridge,
that would solve it.
Mr. Plummer: That you would have to speak to the County about.
Me. Cohen: Oh, we do that)
Mayor Suarez: You know, the Audubon Society in their letter made some kind of
a mention of firing range, and how that might affect the ecology and so on.
Is there envisioned here someplace that there is going to be some firing
ranges?
Mr. Plummer: At one time it was talked about.
Mr. Dawkins: Wait a minute, hold it, before we go any further. The lady
asked, could she and her group be included in any planning...
Mayor Suarez: Right.
Mr. Dawkins: ... discussion, and we haven't said yes, no, or maybe. Can she
get an answer, please?
Mayor Suarez: Oh, I thought it was implied that we were.
Mrs. Kennedy: I said it was a good idea.
Mr. Rodriguez: Sure.
Mr. Pierce: Sure.
Mayor Suarez: Yes.
Mr. Dawkins: Yes, all right, thank you.
Ms. Cohen: We have worked with them before, several years ago. Thank you.
Mr. Rodriguez: Jack, your question about the firing range.
Mr. Dawkins: Hold it. I have been through this with Jack.
Mayor Suarez: He was just answering that one question that I asked.
Mr. Rodriguez: No, no, that was a question.
Mayor Suarez: Yes, we don't need a whole presentation.
- Mr. Jack Luft: No, what we are talking about is the possibility of Olympic,
or Pan American caliber training facilities, or athletic facilities for the
events that are included in those activities, which include archery ranges,
that sort of thing and if... rowing, and if we wish to pursue an active
fitness center, those would be the activities in the category. I think that is
on one of the...
Mayor Suarez: Archery, as opposed to other kinds of firing?
Mr. Luft: It would be strictly up to this Commission to limit or to extend as
much or as few of those activities as you saw fit.
Mr. Carollo: Basketball too, huh?
Mr. Plummer: You better get him before 9:00. We promised these people
Mr. Luft: I would hope so.
Mr. Plummer: Well, I think the fear comes probably maybe not well founded. I
can tell you that in the 18 years that I have sat on this Commission, I have
heard proposals from a miniature Disney World to three golf courses to a
villadrome, to a McDonalds to a shooting range when the Police Department was
213 July 23, 1987
having problems with ventilation, to an archery range, and what did we wind up
with, a big sewage plant? I think that if you look at it, it is probably...
Mr. Carollo: Leave it to the County?
Mr. Plummer: What? The sewage plant was there first?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, it is still, without a doubt in my mind, a 1,006 acres is
what they say is left, that is the most valuable real estate that this City
owns. When you stop to think that City does not have - one of the largest
major cities on the east coast of the United States and we sell this surf and
sun and we don't even have a beach before this thing was opened, I think that
it is an ideal use for this particular place. Those things that were brought
up in the past, I hope people will not shake as skeletons to try and stop
something that is very, very good for this community. I think it is well
founded in this master plan what is proposed and I think it is a super deal.
Mayor Suarez: Is that a motion?
Mr. Plummer: I would not preclude my colleague whose proposal it is.
Mayor Suarez: Commissioner.
Mr. Carollo: My good colleague is remembering all my speeches on Virginia
Key.
Mr. Plummer: Actually, I was making those speeches years before you were
here, but I am glad that you picked it up and ran with it.
Mr. Carollo: Actually, you are correct, as I also said in the past, Virginia
Key is the most valuable piece of property the City has, because of the size.
In actual cost, the most valuable piece of property we have per square foot is
Watson Island, but Virginia Key is approximately the same size and the land
that we own is Central Park in New York. The only thing is that I think that
we could make something much more wonderful for the people of Miami and
actually all the people of Dade County, out of Virginia Key, than Central Park
is to New Yorkers. Right now we have the beaches that were opened
approximately nine months or so ago, ten months ago, and the beaches, we are
hoping in the near future, not only to expand them, but at the same time, get
the Army Corps of Engineers involved, to make the sand a lot finer and real
smooth and widen the beaches like they are doing in Key Biscayne proper now.
I think the things that we could do in Virginia Key are really just as far as
your imagination could go, not only things that the people of Miami could
enjoy, like nature trails, all kinds of water activities, canoeing through the
creeks that we have through there inside and the lagoons, but at the same
time, we could make that into one heck of a profitable piece of property for
this City that can attract eventually, once it is all fully developed and it
will take time, millions of dollars in additional income to the City of Miami,
where we could use that for all the many things that we have, including police
and fire and it won't have to come from the taxpayer's pockets in additional
property taxes, so if I may now, I'd like to read the following motion:
"A motion directing the City Manager to prepare an implementation
program for the Virginia Key master plan establishing capital
improvement priorities. The feasibility of joint development
projects, unified development program criteria, and a funding plan
for public/private development objectives. The City Manager is
hereby directed to prepare an implementation program for the
Virginia Key Master Plan that: (1) Develops a detailed public
improvement plan for the plan's recommended public facilities and
infrastructure with cost estimates with cost estimates, recommended
phasing, and identification of sources of funding. (2) Assesses the
feasibility of recommended joint public/private recreation projects
and based on such analysis, develop specific programmatic and
developmental criteria for Unified Development Project offerings.
(3) Prioritizes a sequence of UDP projects consistent with a
phasing program for development of public facilities and
infrastructure improvements. (4) Submits for review and approval by
the Commission a recommended funding/development program including
(a) authorization for grant funding applications and Capital
214 July 23, 1987
6 6
Improvement Program allocations. (b) Authorization to proceed with
design services for public improvements and (c) Authorization to
issue requests for proposals for first priority Unified Development
projects."
I so move.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 67-758
A RESOLUTION DIRECTING THE CITY MANAGER TO PREPARE AN
IMPLEMENTATION PROGRAM FOR THE VIRGINIA KEY MASTER PLAN
ESTABLISHING CAPITAL IMPROVEMENT PRIORITIES, THE
FEASIBILITY OF JOINT DEVELOPMENT PROJECTS, UNIFIED
DEVELOPMENT PROGRAM CRITERIA AND A FUNDING PLAN FOR
PUBLIC/PRIVATE DEVELOPMENT OBJECTIVES.
(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 Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS DURING ROLL CALL:
Mr. Carollo: Yes, and I apologize to the City Attorney that I haven't been
using her lately to write my speeches.
Mayor Suarez: Congratulations on a masterful plan.
Mr. Carollo: You have all done one heck of a job. I know you have been
working on this for about a year. I think you have come out really super.
Mr. Rodriguez: Thank you very much.
Mayor Suarez: PZ-6.
Mr. Rodriguez: Before you move, I think you have also to act on the
resolution approving in principle the plan.
Mayor Suarez: I'm sorry, I thought we did that, OK.
Mr. Plummer: Included.
215
July 23, 1987
------------------------------------------------------------------------------
74. GRANT APPEAL: REVERSE ZONING BOARD'S DECISION TO GRANT SPECIAL EXCEPTION
OF REGULATIONS NOT TO EXCEED 50 FEET WHERE ZONING DISTRICT BOUNDARIES
DIVIDE A LOT OF RECORD AT TIME BOUNDARY WAS ESTABLISHED, ETC. (AT
APPROXIMATELY 4651 N.W. 3 STREET, 301-99 N.W. 47 AVENUE, ETC.)
Mayor Suarez: PZ-6.
Mr. Olmedillo: PZ-6 is an appeal to the decision by the Zoning Board to grant
a special exception to extend the regulations, the land use regulations 50
feet from the Zoning District boundary. The zoning ordinance as Section 316
by which through a special exception the City may allow this extension of
regulations for 50 feet. The conditions that the Zoning Board applied to the
approval was that the lot to which this extension was made, could only be used
for parking. It could not be used for computation for square footage. That
Is, the F.A.R. would not be a accounted for in that area of land and the
landscaping plan should be approved by the Planning Department. The Planning
Department had recommended approval of the extension with only the landscaping
approval. The difference between this a straight out zoning change is that
the special exception allows the City to apply any conditions to the
development and these are the conditions that the Zoning Board had applied to
it.
Mayor Suarez: Is there anyone who wishes to be heard for or against this
application?... this appeal? Let the record reflect that no one stepped
forward.
Mrs. Kennedy: I move it.
Mayor Suarez: Moved.
Mr. Plummer: You are granting the appeal to go back to the 24?
Mrs. Kennedy: Yes.
Mr. Plummer: I second.
Mayor Suarez: The appeal is by the applicant, right?
Mr. Olmedillo: The appeal is by the applicant to the decision of the Zoning
Board, to make limitations.
Mr. Plummer: For the record, the Planning Department still defends and
approves the 24.
Mr. Olmedillo: If you'll bear with me, I'd rather not speak of the 24 units,
because we go by square footage.
Mr. Plummer: Is that not what the appeal is based on?
Mr. Olmedillo: The appeal is based on square footage. If the conditions of
the Zoning Board are applied, they can build about 13,330 square feet. If the
appeal is granted, they build 17,460 feet. That will be approximately six
more units of the size that they have in the plans.
Mr. Plummer: You are saying that if we use square footage, they can still
build the 24.
Mr. Olmedillo: Yes, sir.
Mr. Plummer: He is saying that the applicant is not here. Does the applicant
have to be here?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: He is the applicant.
Mr. Plummer: He is the applicant, OK, fine. Sir, do you understand what they
have said about the square footage?
216 July 23, 1987
r
Mr. Robert G. Campoamor: Yes, sir.
Mr. Plummer: Do you agree with that, sir?
Mr. Campoamor: Well...
Mr. Plummer: According to them, you can still build 24 units based on the
square footage.
Mr. Campoamor: Right.
Mr. Plummer: Do you concur with that?
Mr. Campoamor: I concur with that.
Mr. Pierce: Sir, would you put you name and address for the record, please?
Mr. Robert G. Campoamor: My name is Robert G. Campoamor, I am the architect
for the project.
Mr. Plummer: Your address?
Mr. Campoamor: 5960 S.W. 79th Street.
Mr. Plummer: Call the roll.
Mayor Suarez: We have a motion and a second. Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-759
A RESOLUTION GRANTING THE APPEAL, AND THUS REMOVING THE
CONDITION WHICH LIMITED THE USE OF LOT 501 TO PARKING ONLY
AND WHICH FURTHER PROHIBITED THE USE OF LOT 501 IN F.A.R.
CALCULATIONS, WHICH CONDITION WAS ATTACHED BY THE ZONING
BOARD TO ITS APPROVAL OF THE SPECIAL EXCEPTION AS LISTED
IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, ARTICLE 3, SECTION 316, TO ALLOW THE
EXTENSION OF REGULATIONS NOT TO EXCEED FIFTY FEET (501)
WHERE ZONING DISTRICT BOUNDARIES DIVIDE A LOT OF RECORD AT
THE TIME THE BOUNDARY WAS ESTABLISHED, AND WITHOUT
AUTHORIZING THE EXTENSION OF ANY LAND USE INTENSITY SECTOR
BOUNDARIES FOR PROPERTY LOCATED AT APPROXIMATELY 4651-99
NORTHWEST 3RD STREET, APPROXIMATELY 301-99 NORTHWEST 47TH
AVENUE AND APPROXIMATELY 4652-98 NORTHWEST 4TH STREET,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), AS
PER PLANS ON FILE, LOTS 502 AND 503 ZONED RG-2/4 GENERAL
RESIDENTIAL AND LOT 501 ZONED RG-1/3 GENERAL RESIDENTIAL
(ONE AND TWO FAMILY). THIS SPECIAL EXCEPTION HAS A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, 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
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: He is the architect representing the owner.
Mr. Campoamor: Representing.
217
July 23, 1987
7S. DISCUSSION CONCERNING REVIEW OF 10SPI-1S: SOUTHEAST OVERTOWN/PARK WEST
OVERLAY DISTRICT" AND "SPI-16, 16.1, 16.2: SOUTHEAST OVERTOWN/PARK WEST
COMMERCIAL -RESIDENTIAL DISTRICTS.''
Mayor Suarez: PZ-7, the Southeast Overtown/Park West Overlay District. What
is the discussion about!
Mr. Sergio Rodriguez: What happened in PZ-7 is that when you approved this
two years ago, you asked the Administration to come back and bring it before
your attention in case you wanted to change anything. This is Southeast
Overtown/Park West zoning.
Mayor Suarez: Is there any recommended at this point? Any changes recommended
at this point?
Mr. Rodriguez: We don't have any changes at this point.
Mr. Plummer: What does this basically do?
Mr. Rodriguez: This is the zoning that covers Southeast/Overtown Park West
completely in different parts. It guides the intensity of Southeast, has
design principles and guidelines and so on.
Mr. Plummer: Why did we ask that it be brought back?
Mr. Rodriguez: I don't know.
Mrs. Kennedy: So you are only coming to us because you were asked two years
ago to bring it back at this time?
Mr. Rodriguez: Right.
Mr. Dawkins: What are we on now?
Mayor Suarez: PZ-7. Discussion item and...
Mr. Plummer: So there is no action.
Mayor Suarez: There is no action.
Mr. Rodriguez: There is no action necessary.
Mrs. Kennedy: OK.
Mr. Pierce: One question that you should tell us though, is whether or not he
wants to bring it back again in two more years, or do you want to just forget
about it now.
Mr. Plummer: No question about that.
Mayor Suarez: I strongly suspect we will want to revisit in two years.
Mr. Plummer: Yes, definitely.
Mr. Rodriguez: But, he said, you know, the section two of this was mentioned,
it says this ordinance shall be returned to the Commission two years
subsequent to the adoption, and that is why we have it.
Mr. Plummer: We will see you again in two years.
Mr. Rodriguez: Thank you.
218
July 23, 1987
76. APPROVE IN PRINCIPLE THE VIRGINIA KEY MASTER PLAN (See label #E73)
Mayor Suarez: Madam City Clerk, do you need a vote on item four on the master
plan itself?
Ms. Hirai: Yes, Mr. Mayor.
Mayor Suarez: Commissioner, would you move that, Commissioner Carollo?
Ms. Hirai: Accepting in principle, the plan, the Virginia Key Master Plan.
Mayor Suarez: Apparently they didn't include the... right, the master plan
itself in the other resolution that you have.
Mr. Carollo: I make a motion that we so accept...
Mayor Suarez: And approve the master plan.
Mr. Carollo:... the master plan in that principle.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
• RESOLUTION NO. 87-760
A RESOLUTION APPROVING IN PRINCIPLE, THE VIRGINIA KEY
MASTER PLAN (MAY 1987) AS REFLECTED IN THE ATTACHED
COPY THEREOF, FOR VIRGINIA KEY, AN ISLAND IN BISCAYNE
BAY ON THE RICKENBACKER CAUSEWAY, WHICH PLAN CONTAINS
RECOMMENDATIONS FOR DEVELOPMENT, INCLUDING
ENVIRONMENTAL, NATURAL, OPEN SPACE AND PARK AREAS,
BEACH IMPROVEMENTS, PARKING FACILITIES, RIGHTS -OF -WAY,
BEAUTIFICATION, SPECIAL FEATURES, SPECIAL ACTIVITIES
AND EVENTS AND WATERFRONT IMPROVEMENT; AND WHICH PLAN
IS IN CONFORMITY WITH THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (SEPTEMBER 1985).
(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.
219 July 23, 1987
— --------------------------------------
77. APPROVE A 100 FOOT RIGHT-OF-WAY ALONG 27TH AVENUE FROM DIXIE TO
BAYSHORE, WITH SIDEWALKS ON EITHER SIDE AND SET ASIDES FOR PARKWAY (See
label #79)
Mayor Suarez: Are we all squared away now, on PZ-14?
Mr. Plummer: Well, Mr. Mayor, just to...
Mayor Suarez: Mr. Vice Mayor.
Mr. Plummer: So that we don't have to go into this big, big, presentation, as
I recall, it was this Commission who took an action that said that the maximum
width of the street, including the median would be 70 feet. Is that correct?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: And that we were going to reserve up to 100. In other words, 15
feet beyond the street width, and that we were going to put in sidewalks and
reserve the rest for when we wanted it. Is that correct?
Mr. George Campbell: The last time you reviewed this, you asked us to...
Mr. Plummer: What was the first reading passed on?
Mr. Campbell: Your first reading was passed on the 70 foot right-of-way.
Mr. Plummer: OK.
Mr. Campbell: All right now, in order to obtain the additional 15 feet, it
would be necessary for you to maintain the existing base building line with
100 feet. If you make this a statutory 70 foot wide street, then we have a
problem with obtaining the additional 15 feet.
Mr. Plummer: No more than you would have obtaining it now!
Mr. Campbell: Right now we have the option in the code, requiring the
additional dedication, plus the to construct the sidewalks, etc.
Mr. Plummer: If they build.
Mr. Campbell: When the building permit comes through, yes, sir.
Mr. Plummer: So why would it be any different, based on the 70 foot maximum
width?
Mr. Campbell: If you put it under the zoning ordinance, then there is a
possibility that there might be a... and of the ability of the property owners
then to come in and get variances or special exceptions or so on. This way,
it becomes mandatory.
_ Mr. Plummer: Well, your major concern as I recall, is getting... legal
robbery is what I call it! In other words, if you want to build, you are
going to have to donate that land, or you are not going to get a building
permit and that's the way you have acquired a great number of those parcels
absolutely free and I commend you for it. I don't know that I agree with the
process you used, but I am saying to you that I think 70 foot maximum width is
all that this Commission would ever want in the way of streets. Beyond that,
you are making a super highway and that is never what I envisioned.
Mr. Campbell: That isn't our intent. If I may, with a 70 foot right-of-way,
this is what you would achieve.
Mr. Plummer: No, sir that is not a true picture.
Mr. Campbell: Well, this is what a 70 foot right-of-way gets, all right?
Mr. Plummer: That is an absolutely in my estimation... no leave it up there!
220 July 23, 1987
Mr. Campbell: Well, I wanted to...
Mr. Plummer: No, no, leave it up there. I think that is without a doubt, the
greatest distortion that I have ever seen. Who made that picture?
Mr. Campbell: Staff.
Mayor Suarez: That's good, George.
Mr. Plummer: Let me tell you something. Now wide is a lane of traffic,
normally?
Mr. Campbell: That is approximately...
Mayor Suarez: It looks like the Grand Canyon.
Mr. Campbell: ... about eleven feet.
Mr. Plummer: Wait, no, no, wait a minute now! That is damn well not a
typical 70 foot cross section and for somebody to put that up here and try to
make us believe that five lanes is 70 feet is an absolute distortion of the
facts.
Mr. Campbell: Mr. Plummer, I'm...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: A lane normally is ten feet wide, I'll accept his eleven. I'll
accept your twelve feet, that is still only 60 feet!
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Campbell: Sidewalks on either side. It is 70 feet, sir.
Mr. Plummer: We are talking about a 70 foot maximum width street. We have
still focused beyond that to the sidewalk.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Olmedillo: You have, Commissioner Plummer...
Mr. Plummer: We are talking about a 70 foot... how many times do I have to
say it?
Mayor Suarez: Asphalt street, street is what we are talking about.
Mr. Plummer: Street!
Mr. Olmedillo: Yes, but, if I may, Mr. Plummer, what you voted on...
Mr. Carollo: Tell it to them in Spanish.
Mayor Suarez: No.
Mr. Plummer: If I can't make them understand in English, how are they ever
going to understand in Spanish?
Mr. Olmedillo: If I may, Mr. Mayor.
Mr. Dawkins: Well, go ahead and say it, if you are going to say it.
Mr. Olmedillo: Mr. Mayor, what you voted on the first time, was a 70 foot
right-of-way.
Mr. Plummer: No, the right-of-way is going to be 100.
Mr. Olmedillo: What Commissioner Plummer is saying...
Mayor Suarez: I don't know how you interpreted that, because that is not what
I meant and that is apparently not what anybody meant.
221 July 23, 1987
a
Mr. Olmedillo: That was what is approved on first reading. What Mr. Plummer
is saying now that...
Mayor Suarez: What is the right-of-way now, 1004
Mr. Olmedillo: One hundred.
Mayor Suarez: Right, we were thinking of a 70 foot surface for driving and
then another 30 feet that would not be used for anything.
Mr. Olmedillo: All right, but that was not what was voted on.
Mayor Suarez: Sidewalk, parkway, whatever you call it.
Mr. Plummer: Miller Dawkins, I think your wife either works in the
Department, or they work for your wife. They are listening, but they are not
hearing us.
Mrs. Kennedy: Seventy right-of-ways, concrete and asphalt.
Mr. Plummer: Seventy foot maximum width of street, including the median.
Mr. Campbell: This is what you are talking about here - the backup curb, here
is the two driving lanes, the median, two driving lanes to the backup curb, 70
feet. That is our proposal.
Mayor Suarez: You've got a parkway there and a sidewalk and it looks...
Mr. Campbell: And we have a parkway, and the sidewalk and that, overall, is
100 feet, but if I may...
Mayor Suarez: The rendering is...
Mr. Campbell: This rendering is based on this lower cross section, which is a
70 foot right-of-way.
Mr. Plummer: No one every spoke to that.
Mayor Suarez: Can we just sort of ignore that, because nobody ever meant to
do that, I don't think.
Mr. Campbell: This is the projection that we have. This is looking south
from U.S. 1.
Mayor Suarez: That's a lot more like it.
Mr. Campbell: This is the 100 foot right-of-way.
Mayor Suarez: Right.
Mr. Campbell: Seventy feet from curb to curb - seventy foot roadway, if you
will.
Mayor Suarez: Right, that is it, roadway, not right-of-way.
Mr. Campbell: Seventy foot roadway, 100 foot right-of-way. If we maintain
the 100 foot right-of-way, we have no trouble achieving this.
Mayor Suarez: Wow, this is like night and day here.
Mr. Plummer: Well, in those two pictures, it is more than night and day.
You talk about developers with distorted pictures!
Mayor Suarez: There is the other one. George, bring the other one up here.
Mr. Dawkins: Bring the other one up here.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Yes, they are perspectives, all right!
222 July 23, 1987
Mayor Suarez: Actually, I'm glad they did it, because it clarifies. We are
talking about a 70 foot roadway and a 100 foot right-of-way.
Mr. Campbell: Yes, sir.
Mr. Plummer: But we are, as I recall, at the last meeting, Mr. Mayor...
Mayor Suarez: Yes.
Mr. Plummer: We are talking about a 70 foot maximum roadway, with a fifteen
foot on either side and at the present time, a five foot sidewalk. Yes.
Mr. Olmedillo: With due respect, Mr. Plummer, what you voted on last time as
to reduce the right-of-way to 100 feet to 70 feet.
Mr. Plummer: No, the roadway.
Mayor Suarez: The roadway.
Mr. Olmedillo: No, the right-of-way.
Mr. Campbell: The right-of-way, sir. That was the vote.
Mr. Dawkins: Well, we'll change it. Make a motion now to change it.
Mr. Olmedillo: You may change it. You have the ability of changing it.
Mrs. Dougherty: Just don't pass it on second reading. We'll pass a separate
ordinance not permitting the roadway to be longer than 70 feet.
Mr. Plummer: Look, if we have a 70 foot roadway, it was never my intention to
have the five foot sidewalk inside of that 70 foot.
Mayor Suarez% Of course not.
Mr. Plummer: What I wanted to do, and I thought I was trying to accomplish
was, having the 70 foot of roadway, 15 feet dedication on each side, but not
utilizing the 15 feet on either side at this time. Yes, have a five foot
sidewalk which in effect would then be 80 feet of total, but still leaving 10
feet on each side after that, but we, the City, at whatever time we wish,
would have the right, if we wanted to change it. Now, that is what I was
proposing.
Mayor Suarez: OK, can we...
Mr. Olmedillo: You need a new motion.
Mr. Plummer: It doesn't affect any of the present buildings. They remain with
their parking. We can hopefully, that they will landscape it, but if the day
ever comes that they go to build or rebuild on their property, we got you, OK?
Mrs. Dougherty: Then you don't need to pass this ordinance.
Mr. Campbell: You don't need to pass the ordinance.
Mr. Plummer: I'm talking about a 100 foot right-of-way, which is there now,
OK, but wait a minute, it has got to be clearly understood. The road is 70,
with a five foot sidewalk on each side, and the last ten feet on each side
will not be anything but grass.
Mayor Suarez: Parkway.
Mr. Plummer: Parkway, OK?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I don't know that I would want to go 15 feet on a sidewalk.
Five foot is usually the norm now, I believe, OK?
Mayor Suarez: We want to have as much parkway as possible.
223 July 23, 1987
Mr. Plummer: I would like to reserve the right to put in a minimum sidewalk
at this time, at five foot, OK? At a later time, if we deemed we wanted more
sidewalk, we could put it in. If we deemed we want to put a fountain in, we
can put a fountain. I don't want to restrict my hands, "my", the City.
Mayor Suarez: All right, we all... what is the problem?
Mr. Olmedillo: No, no problem.
Mr. Plummer: No, Dr. Robertson is jumping up and down.
Dr. Robertson: Your Honor, Mr. Mayor, Commissioners, Jack Rice, my attorney
is out of town for approximately a month. I am owner of three properties
approximately a half a block in the middle of this section here and it is our
request that our zoning not be changed at this time, or deferred.
Mr. Plummer: Doc, we are not talking to the zoning.
Mayor Suarez: OK, at this point, we are just on the...
Mr. Plummer: We are talking to the street first.
Dr. Robertson: All right.
Mayor Suarez: I entertain a motion on the roadway and right-of-way to clarify
it.
Mr. Dawkins: Let's make sure he understands what we are doing.
Mr. Robertson: If we could be reserved till he could come back, I'd
appreciate it.
Mr. Plummer: Doc, at the time that your property is up, you can fight your
good fight. Let me ask you, just for his and my clarification. You know
where his three properties are?
Mr. Campbell: Yes, sir.
Mr. Plummer: Does this in any way effect those properties? Would it alter?
Mr. Campbell: At the present time, I would say no. We can...
Mr. Plummer: Only if he goes to rebuild.
Mr. Campbell: If he goes to rebuild.
Mr. Plummer: Exactly.
Mr. Campbell: Right, and if he has not rebuilt when they come through to do
the roadway, we can make adjustments in the location, temporary adjustments in
the location of the roadway here, for instance, bring the sidewalk out to the
back and curb and we can accommodate the existing conditions there.
Mr. Plummer: Fine.
Mrs. Kennedy: I make a motion to move the 100 foot right-of-way.
Mayor Suarez: And 70 foot maximum roadway.
Mr. Plummer: With a maximum 70 foot, including the median.
Mrs. Kennedy: Right.
Mayor Suarez: Including the median in the 70 foot. So moved and seconded.
Mrs. Dougherty: No action need be taken. Your ordinance already provides for
that. The only thing you need to do is pass a resolution...
Mr. Plummer: No, no, our ordinance does not speak to the 70 foot maximum
width. It speaks to the 100 foot right-of-way
Mrs. Dougherty: Correct, so what you need to do...
224 July 23, 1987
Mr. Plummer: No, a motion is necessary to go on record by this Commission
that the roadway including the median is not to go beyond... no, there is two
points, I am sorry. First point is, that that is not to go beyond the 70
feet, including the median. Number two, that a minimal sidewalk of five feet
will be erected, retaining the remaining 10 feet for the option of the City in
the right-of-way, so I do think we have to speak to it.
Mr. Campbell: May we have the flexibility where we have the right-of-way to
move the sidewalk back so that...
Mr. Plummer: If this Commission approves it, yes.
Mr. Campbell: All right.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-761
A RESOLUTION APPLICABLE TO 27TH AVENUE FROM SOUTH
DIXIE HIGHWAY TO SOUTH BAYSHORE DRIVE BY MAINTAINING A
100 FEET RIGHT-OF-WAY WITH 70 FEET ROADWAY, INCLUSIVE
OF THE MEDIAN; FURTHER, REQUIRING A 15 FEET DEDICATION
ON BOTH SIDES OF SAID ROADWAY WHICH SHALL PROVIDE A 5-
FOOT SIDEWALK AND 10 FEET SET -ASIDE AS PARKWAY FOR
FUTURE USE BY THE CITY.
(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.
78. DISCUSSION CONCERNING THE DEVELOPMENT OF WALFARTH PARK IN THE GOLDEN
ARMS/SILVER PLUFF AREA.
Mr. Plummer: Mr. Mayor, may I stop for one minute? There is a group here
from the Golden Arms Apartment who we promised today to given an updating to
and I would like to live up to that promise and ask that someone be present
from the Administration to give us a two minute update, even if it is at 9:02
p.m.
Mr. Carollo: My whole question is, we requested that be put on the agenda.
Why hasn't it been put on the agenda? Anything having to do with this, it's
like the City looks the other way, we don't care!
Mr. Plummer: Joe, I think, and I am not defending the Administration, they
are big boys. My understanding was, that they were going to go proceed and
there was not any action to be scheduled at this particular time, that they
would have an update, and let us know what is going on from time to time.
Mrs. Dougherty: My understanding is that the appraisals have been solicited.
They have not come back yet.
Mr. Walter Pierce: I can give you the quick update now if you want it.
225 July 23, 1987
Mr. Plummer: Give us a quick update, please.
Mr. Pierce: The two appraisals were awarded. They are due back in two weeks.
Those two appraisals will establish the price. We intend to have this matter
back before the City Commission, first meeting in September.
Mr. Plummer: Excuse me. I thought that you had the authorization from this
City Commission to proceed to condemn based on the appraisals.
Mrs. Dougherty: That is the first step you have to do. You have to get
appraisals before you condemn the property.
Mr. Plummer: Once we get the appraisals, what we are saying is, that you
automatically go into the proceedings without having to come back to this
Commission.
Mrs. Dougherty: Absolutely.
Mr. Pierce: Yes, we do that.
Mr. Plummer: Oh. No, no, he said schedule it for September.
Mrs. Dougherty: No, just to give you an update, to tell you what the
appraisals...
Mr. Carollo: Josefina, can you come up and speak here? Come on up. There
you go.
Ms. Josefina Sanchez Pando: My name is Josefina Sanchez Pando, 2110 S.W. 24th
Terrace. I live in front of the future Walfarth Park. J.L., you told us
sixty days ago, on the 23rd of July, "You come back, we will give you an
update of what has happening. You will be on the agenda." Read it, because
we have a copy of the agenda.
Mr. Plummer: All right, then I...
Ms. Pando: OK, now...
Mr. Plummer: ... have to apologize for that, but you are getting, you are
getting your update.
Ms. Pando: All right, it is all right, apologies accepted. We are here and
you are listening to us and you are giving us an update.
Mr. Plummer: Right.
Ms. Pando: All right, I couldn't hear the lady when she told us what had
happened. I heard two firms being mentioned that had begun the appraisal
part. Yes, Ma'am.
Mr. Plummer: Go from there, and speak louder.
Ms. Pando: Could I hear it again?
Mrs. Dougherty: My understanding is that the appraisals will be back in two
weeks, but we have...
Ms. Pando: Will be back where?
Mrs. Dougherty: To the City.
Ms. Pando: Will be back here, to the City...
Mrs. Dougherty: To the City.
Ms. Pando: ... with the appraisal already done, two weeks from today.
Mrs. Dougherty: That is my understanding, yes. We have already purchased the
appraisals, we have solicited the appraisals from the appraisers. Their
report will be back to us, as you know, that is the first step in any
condemnation. Then we will sit down and try to negotiate with the owners. If
we don't... if we fail in negotiations, then we will proceed to condemnation.
226 July 23, 1987
Mr. Plummer: Well, I think the question really is this. You get the
appraisals in two weeks, we don't meet again until the 8th of September. Once
you get those appraisals, will you immediately start the new negotiations and
not wait for us in September?
Mrs. Dougherty: Absolutely.
Mr. Pierce: That is completely the intent.
Mr. Plummer: That's the important factor.
Ms. Pando: All right, J.L., for your information and since this goes on
record, the owner of the standing building keeps on doing things. He put a
tent to it on the 4th of July - you see, that is a good day, nobody was going
to see it. He keeps on putting things in there, he is upping his property, so
when the City comes in and buys his property, he is going to want $1,000,000
for itl
Mr. Plummer: How do you stop him?
Ms. Pando: I am just telling you what is happening. I live there. Thank you
for the appraisal, and when is the next meeting in September?
Mayor Suarez: September 8th.
Ms. Pando: September 8th. We will have the result of the appraisal and all
the things are going to be done by that date, am I correct? We don't need to
wait to come back?
Mrs. Dougherty: No.
Mr. Pierce: I don't... we can't say it any other way, but in two weeks we
will get the appraisals. The City Attorney's office and the Administration
will then sit down, try to negotiate a price. If we can't negotiate a price,
then the City Attorney's office will move on the condemnation action.
Ms. Pando: You see sir, two months ago...
Mr. Pierce: Ma'am...
Ms. Pando: Excuse me, please.
Mr. Pierce: I am the messenger, please.
Ms. Pando: Two months ago...
Mr. Pierce: I am the messenger.
Ms. Pando: All right, we were told that by...
Mr. Carollo: Wait a minute!
Ms. Pando: ... today, we would have something done, and the appraisal deal
started ten days. It took fifty days to City to get going. I love you, yes,
good -by.
Mr. Plummer: Josefina, how long did you work for the City?
Ms. Pando: How long did I work for the City?
Mr. Carollo: Too long.
Ms. Pando: How long ago?
Mr. Plummer: How long, total, did you work for the City?
Mr. Carollo: Too long.
Ms. Pando: Fourteen months.
Mr. Plummer: Did you know a thing called bureaucracy when you worked here?
227 July 23, 1987
Ms. Pando: You better believe itl
Mr. Plummer: We are still suffering.
Mrs. Dougherty: Well we had to... well first of all, for the process of
getting the appraisals, we had to bid it out. You had to award the bids for
the appraisal...
Ms. Pando: And it took the City fifty days to get those bids? Boy, you are
slow)
Mrs. Dougherty: It takes... the City Commission has to take the bids, so we
have to wait for it to get it on the City Commission, they award the bids,
then after that, it takes some time for the appraisers to do their work.
Ms. Pando: How long?
Mrs. Dougherty: Advertise the bids. Well, you know how long, because they re
going to be back in two weeks.
Mr. Plummer: Look, I think...
Ms. Pando: Two weeks from today, and we will be back.
Mr. Plummer: No, don't come back in two weeks, because we won't be here. We
don't come back again and meet until September 8th. We are off.
Ms. Pando: You won't be, but the rest of the City government will be, right?
Mr. Plummer: Well, you mean, you want a copy of the appraisal?
Ms. Pando: Yes.
Mr. Plummer: Oh, you are entitled to that.
Ms. Pando: I know I am.
Mr. Pierce: I will be happy to provide... I didn't get your full name,
but...
Ms. Pando: Josefina Sanchez Pando, 2110 S.W. 24th Terrace, 33145.
Mr. Pierce: I will be here and I will be happy to...
Ms. Pando: I will come and get it, sir.
Mr. Pierce: OK, we will let you know as soon as it is available and we will
mail it to you.
Ms. Pando: You want my telephone number? 856-7010. It is on the record. Call
me and I come and get it.
Mr. Pierce: Thank you.
Ms. Pando: Because we want that park and we are going to get it before
November.
Mr. Plummer: And buddy, when you tangle with Josefina, you are going to be a
loser, I'm going to tell you.
Ms. Pando: He knows me. I took a City of Miami police chief out. The...
Mr. Carollo: Which one was that? We have had a few in the last...
Ms. Pando: Garmire. The archives burnt. I had a copy of everything that was
burned. I reviewed all of the Civil Service tests. I translated them to
Spanish and from that time on, Blacks and Hispanics came into the City, and I
did it, with Jeff Toomer. J.L. was there, Reverend Gibson, Ferre, Manolo
Reboso, and Rose.
Mr. Plummer: I am the only survivor.
228 July 23, 1987
0 a
Ms. Pando: You see, J.L., I love you and we want that park.
Mr. Carollo: The last of the Mohicans!
Ms. Pando: Bye, thank you.
Mr. Carollo: Walter, can you make sure that the minute that we get those
appraisals in that she gets a copy and all the appropriate people in that
neighborhood association get copies and that this item be placed on the agenda
again on our next meeting on September 8th, at 6:00 p.m. in the evening so
that the neighbors can come down to the City Commission meeting if they so
desire, which they will.
Mrs. Dougherty: Commissioner Carollo, we are going to obviously do whatever
you instruct us to do, but if that doesn't help in the negotiations, we don't
give the appraisals to the other side. I don't know that we would want to
withhold it from the other side, when we are giving it to everybody in the
neighborhood.
Mr. Plummer: You're taking the adversary position out of it.
Mrs. Dougherty: We will do whatever you think is best.
Mr. Plummer: No, you tell us what is best. You are going to be the
negotiator.
Mrs. Dougherty: My suggestion is not to give the appraisals to the other
side, or to the neighborhood. We will talk to them...
Mr. Plummer: That is a good idea, you bring them in and brief them, OK? I
think that is what...
Mr. Carollo: You handle it the best way that is going to protect the City of
Miami, but you know, I have been listening to this Golden Arms thing for I
don't know how many years now - three, four years, it has been going on and on
and on. It is to the point it is absurd. You know, it seems this guy gets
away with whatever he wants to.
Mr. Plummer: Joe, if you want to feel bad, I rode by there one day when the
place caught on fire, and I made the mistake of calling the Fire Department.
Mea culpa, mea culpa.
Mr. Carollo: Well, I will tell you, we were out this week collecting
signatures for our petition drive that I think some of you know about and some
of you even signed.
Mr. Plummer: Joe, that is not true. You told me you only went in Little
Havana around Riverside Elementary.
Mr. Carollo: And the pile of garbage that was all over that place was unreal
and we had to report it to the Sanitation Department. You know, it's...
Mr. Plummer: Yes, I'd like to know what happened to the 640 part time City
employees that were going to be used by this City to clean up all vacant lots.
I haven't seen a one of them in any vacant lot. Do you remember? Do you
remember the laborer thing that we had, and we said keep them in house and
don't give them to the private sector? I'd like a report at the next meeting
how many lots were cleaned. There were almost 800 kids that we were going to
buy rakes, shovels and brooms to clean vacant lots. I haven't seen a one!
229 July 23, 1987
79. CONTINUED DISCUSSION AND REAFFIRM DECISION TO APPROVE A 100 FOOT RIGHT-
OF-WAY ALONG 21TH AVENUE FROM DIXIE TO SAYSHORE WITH SIDEWALKS ON EITHER
SIDE AND SET ASIDES FOR PARKWAY (See label #77)
Mayor Suarez: What is the next of the item having to do with the 27th
Avenue, that you recommend that we take an...
Mr. Plummer: Well, have we finished 147
Mr. Olmedillo: Yes, SPI-8.
Mr. Plummer: We finished 14?
Mr. Olmedillo: I believe so, you voted on it.
Mr. Plummer: Did we vote on 14?
Mr. Olmedillo: Then we can go back to 8, which is the...
Mr. Plummer: Wait a minute, I don't think we voted on 14.
Mrs. Kennedy: We didn't vote on 14, maybe I was out of the room.
Mayor Suarez: Yes, we voted on it.
Mr. Plummer: We did?
Mr. Dawkins: Did we vote on it?
Mayor Suarez: On the resolution, I mean, is that not a substitution for PZ-
147
Mrs. Dougherty: Yes, it is.
Mr. Pierce: Yes, but you need to dispose of 14, though.
Mrs. Dougherty: You don't have to do anything with 14.
Mr. Plummer: How do I put those stipulations in it if I don't...
Mrs. Dougherty: I will pass a separate resolution. I will prepare a separate
resolution.
Mr. Plummer: Oh, OK.
Mayor Suarez: I was already considering what the width... The motion was on
the maximum roadway.
Mrs. Dougherty: No.
Mayor Suarez: Minimum right-of-way.
Ms. Hirai: We did not take a roll call on that motion.
Mrs. Kennedy: I didn't think so.
Mr. Plummer: No, we didn't vote on 14.
Mayor Suarez: OK, make a motion on it and a second.
Mrs. Kennedy: We have a motion.
Mr. Pierce: We will withdraw the item 14 that is on the agenda.
Mayor Suarez: Do we have a motion and a second, just to clarify the record?
Mrs. Kennedy: Move it, I second.
230 July 23, 1987
Mr. Plummer: Yes, fine.
Mayor Suarez: No, on the 70 foot maximum roadway width, including, you even
specified, including the median, the motion was made and it was seconded.
Call the roll on it.
(NOTE FOR THE RECORD: AT THIS POINT, ROLL WAS CALLED ON PREVIOUSLY PASSED
RESOLUTION NO. 87-761, WITH ALL COMMISSIONERS VOTING UNANIMOUSLY IN FAVOR)
80. DISCUSSION AND TEMPORARY DEFERRAL OF 27TH AVENUE GATEWAY DISTRICT (See
label #82)
Mayor Suarez: Now, which do you recommend to be the next?
Mr. Olmedillo: PZ-8 will be the next which is the creation of the district.
As you may remember back in May, we had included some changes which were
basically an increase in landscaping, the prohibition of off site parking
requested by Commissioner Plummer and the elimination of that portion of land
which is between Abaco and Inagua, fronting on Aviation. Besides that, and
that was made back in May, and there were no more changes introduced to the
SPI-13 district itself. Nine, ten, eleven, twelve and thirteen then, are the
applications of the district and the other zoning changes that is shown in the
transparency.
Mr. Plummer: All right, you have taken out that which was called... what was
that referred to before, as B? Wasn't that a B section, or something?
Mr. Olmedillo: It was part of 2-A.
Mr. Plummer: 2-A? And that's been removed.
Mr. Olmedillo: That has been removed.
Mr. Plummer: All right, I have one other concern in this whole thing that
basically still sticks in my mind, the comment about one of the people who is
a homeowner. Well, I have two comments and that will flow through the entire
rest of the process. The first one was whether or not we would allow the
buildings to be build right up to the front line, leaving a green area behind,
somewhat a buffer, rather than the buffer being in the front, and the house
right up to the back property line.
Mr. Olmedillo: What we have right now...
Mr. Plummer: Has that been addressed, and how?
Mr. Olmedillo: Yes, sir, what we have is that now with the approval of your
100 foot right-of-way, is that from that point the first floor sets back only
five feet for the first level only and then comes back to the base building
line so there is no real setback in the front. In the rear, there is a 15
foot setback in the rear.
Mr. Plummer: Fifteen?
Mr. Olmedillo: Yes, sir.
Mr. Plummer: OK.
Mr. Carollo: OK, if...
Mr. Plummer: All right, the second one that I addressed was the protection of
the residential property and the vehicular traffic. Where are we with that
study that tells us how we are going to not necessarily block off streets, but
make it damn inconvenient for nonresidents to use those streets?
Mr. Olmedillo: The study has been initiated, the consultant is out there
making traffic counts to do his study, to do his work.
Mr. Plummer: And how much longer?
231 July 23, 1987
0 0
Mr. Rodriguez: The study will be finished in January of 1988. It is 180 days
contract, and that is why we could negotiate with them down. They wanted 270
days. In the meantime, we couldn't give you any other information on that,
other than what we proposed originally, of closing certain streets.
Mr. Carollo: Excuse me, J.L., could we get a time out for a minute. I think
the public should know, those who might not be aware, that this Commission has
a standing policy that at 9:00 p.m., we finish, so we will only be able to
take up those items that we could finish before 9:00 P.M.
Mr. Plummer: We are going to be lucky to get finished with 27th Avenue.
(AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED.)
81. CITY MANAGER TO INVESTIGATE RUMORS CONCERNING MIAMI ARENA CONTRACT;
REQUEST PUBLIC HEARING (See label #5)
Mr. Carollo: Well, one additional area I'd like to bring out now, that I
think it is of importance since we supposedly don't meet again until September
8th, we should point it out. The kind of additional rumors that I am
beginning to hear about our arena and everything related to it are greatly
concerning me and I don't want to be accused, or for anyone to accuse this
Commission as a whole that we have been putting aside purposely, the public
hearing on the arena. I...
Mr. Plummer: Joe, just... excuse me, for the clarification of the record,
that was not a public hearing in relation to the arena, it was the Heat
contract. That is what we have had before us.
Mr. Carollo: That is exactly... you are absolutely correct, but it has to do
with everything, the whole process.
Mr. Plummer: Yes, sir.
Mr. Carollo: Even though the arena is one thing, the contract with the Heat
is another.
Mr. Plummer: Correct.
Mr. Carollo: And I am glad that you made sure it is clarified even more so,
but I think that the whole question of the arena as one, and the Heat
contract should be looked at, because the arena, we went into it knowing it,
that whether we had a basketball team or not, the arena was going to survive.
Mr. Plummer: Without parking.
Mr. Carollo: But, some of the things that I have heard today, and I think
some of you have, are extremely shocking and I have a great concern as to what
is going on and a greater concern of not knowing just about anything that is
going on, so I think that this Commission should consider having a special
Commission meeting before we go into our recess in the month of August just on
this particular item. Let's find out who all the players are, just what has
been going on in this whole thing. Who works for who, who does what, what
agreements we have, or don't have, what interpretations others have or don't
have.
Mr. Plummer: Well, let me just speak my mind on the record. Joe, I have no
qualms about going in and eventually we will, because I've said so on the
record, as far as the arena. There's a lot of gray areas in that arena that I
am still very, very much concerned about. As far as the Heat is concerned,
which is the present posture and what forced a hearing before this Commission,
was because of a statement made to Commissioner Dawkins that that contract was
solid, it was locked and there was not going to be a damn bit of change, we
said, "OK, fine, let's force it up here." That only related to the Heat.
Now, I have asked, as today I asked that that be deferred once again, because
there is movement, the door is not locked and there is some discussion and
give and take going on, only in relation to the Heat contract.
232 July 23, 1987
Mr. Carollo: Well, I'll tell you this much. I've heard rumors today that
individuals that were in the accounting firm that analyzed this whole thing
for us, somehow are related in business with some of the owners of the Heat,
or something to that effect and if you don't think that that is going to
create shadows of doubt, there is no way in the world that there are not going
to be some in the media that right away are going to start creating all kinds
of question marks and I think the best way this Commission could put any
question marks to rest is by taking it out, and just having a hearing like we
had discussed that we were going to have and settle this hopefully once and
for all. Yes, but if the majority of this Commission doesn't want to, it is
fine.
Mayor Suarez: I have no problem taking that up in the first meeting of
September, second meeting of September. I, for myself, have delved as much
into this particular contract as any that I have seen, and I am referring the
N.B.A. tenancy agreement.
Mr. Plummer: Mr. Mayor, no one has delved into this contract, I think any
deeper than I have, because I have been here from the inception and the first
time I hear of a conflict with the auditing firm, of all the scuttlebutt
rumors, that's the first time I have heard anything about any possible problem
there.
Mr. Carollo: Well...
Mayor Suarez: Who is the auditing firm, you know?
Mr. Carollo: Touche and Ross.
Mayor Suarez: Touche and Ross?
Mrs. Kennedy: And they are having conflicts with who now?
Mr. Carollo: You know, it is one thing, you know, going out and having a
couple beers with some of the owners and shooting a few baskets, it is another
thing when you get down to City business and when it is going to scrutinized,
the way I am beginning to see this going to be scrutinized in the open, and I
don't know if you want to give so much time until the first week of September
before we scrutinize it publicly ourselves.
Mr. Plummer: Well, let me ask this question, Joe. A conflict of interest is
usually going to be handled by the State Attorney, not us.
Mr. Carollo: Well, J. L., I am not getting into that aspect of it. What I'm
getting into is the aspect of this Commission making sure that we are going to
move ahead with the least problems as possible, trying to put any question
marks to rest instead of keeping them alive until September.
Mr. Plummer: They keep coming up, that's I guess the problem I've got.
Mr. Dawkins: Joe, you are correct, and I said earlier this morning and I say
now, I don't want the Manager and nobody else to do anything, without at the
end of each week letting me know what happens and if you will make your motion
for the 6th, I'll second it, but I think, Joe, it will take that long for this
Commission to receive the information and evaluate in order to know what we
are looking for. What do you think, I mean...
Mr. Carollo: When you say the 6th, of what?
Mr. Dawkins: September, I mean, or whatever.
Mr. Carollo: Well, if you all want to wait until September that is fine, I
don't care, but...
Mayor Suarez: You may want to reserve a specific amount of time, depending
upon how far you think we need to...
Mr. Carollo: Well, I think you should hold a separate meeting just for that.
Mayor Suarez: I don't know what it is for. How many hours do you want in the
first meeting in September to get into these issues?
233 July 23, 1987
Mr. Carollo: Well, I think you should take it up as the first item in the
morning and if need be, go through the whole day, or as long as you have to.
Mr. Dawkins: It is going to be lengthy.
Mr. Carollo: Yes.
Mayor Suarez: What issues are you planning to discuss that were not discussed
this morning?
Mr. Carollo: In order to give... yes, bring plenty of towels for people who
cry their eyes out and tell us how much they are going to lose and how much
they lost and everything else. Let's hear it all.
Mayor Suarez: What is it you would want to discussed at the meeting that was
not discussed this morning when you had not yet arrived?
Mr. Carollo: Xavier, look, let me say this to you. You know darn well what
issues need to be discussed. You know, maybe it is not with you to go out and
shoot a few baskets and drink a couple of beers and shoot the bull with some
of these guys, but I am a little more concerned with playing a little
basketball; but I'm concerned for the welfare of this City and that this
Commission and this City is not going to end up being embarrassed or end up in
the loose end of a deal, where it is going to cost us money like the Knight
Center has.
Mr. Plummer: Well, let me tell you how...
Mr. Carollo: And the reason sir, and let me put this in the record, that I
can't necessarily be here right at 9:00 p.m. sharp at Commission meetings, so
I get here sometimes at 9:15, or 9:20, is because sir, I have to work very
hard to make a living. Nobody puts a plate of food to feed me, unlike some
people I know that sit here, and that have to give their hearts out, and their
souls, so they can be provided that plate of food. That's why, sir.
Mr. Plummer: May I make a suggestion to you? The one area, Joe, that you
have touched on that concerns me, because I knew nothing about it, is a
possible conflict of interest. I think that what I would like to do, I am
speaking for J.L., I would like the Manager to look into that matter and if
there is even a remote possibility of a conflict existing, then I don't think
it does behoove us to meet next Thursday, or at the earliest possible date
before we go into recess in August.
Mr. Carollo: That is what I have been trying to say, J.L.
Mr. Plummer: If the Manager does not find a possible conflict of interest,
the rest of the matters, then I think can wait until the first meeting in
_ September, but I think anybody sitting up here wants to allow a comment to be
made that there is a conflict of interest and not address the issue. That
would be my recommendation.
Mr. Carollo: Well, J.L., what I am saying is this. I don't know just what
the heck is going on in there. All that I have seen is that in so many
occasions, I get a phone call from the Administration that says, and I get a
phone call at home late at night, late in the afternoon, that we need three
votes right now for this, or we are going to lose the team. And they are
expecting us to make decisions that might affect the City of Miami in big sums
of money for now or in the future without having the least bit of information
to make a logical decision, and this whole thing is going about in such a way,
first with an executive director that ends up going to work for one of the
owners involved, sure, not directly for the basketball franchise, but right
after he cuts and goes through the whole deal, he goes to work for another
business that he has somewhere else, you know, and all kinds of things that if
some other people had been involved in this, I mean you would have seen all
type of horror stories in the papers and the papers demanding all types of
investigations.
Mayor Suarez: That happened exactly the same way i
Street Parking Authority, with the executive director
with one of the board members and you said that was
City of Miami.
n
the case of the Off -
now going off to work
the best agency in the
234 July.23, 1987
Mr. Carollo: Nov, Mr. Mayor, I said that was the best run...
Mayor Suarez: They didn't call for an investigation on that one.
Mr. Carollo: That was the best run agency in the City of Miami. Now, if you
could explain to me, how did the individual that you are talking about, Mr.
Roger Carlton, working with Wometco before? Can you explain to that?
Mayor Suarez: No, I...
Mr. Carollo: But I would say this on the record, sir...
Mayor Suarez: I am not going for any investigations.
Mr. Carollo: No, no, I would say this for the record, explain to me...
Mayor Suarez: I'm very satisfied on...
Mr. Carollo: No, no, explain to me...
Mayor Suarez: ... both counts.
Mr. Carollo: No, explain to me, explain to me, how both these two things that
you are trying to say they are similar to one another, have anything to do
with each other?
Mayor Suarez: But, the man was executive director of an agency and he is now
working for one of the board members. Nov, I believe that is what you said
about the other case, wasn't it?
Mr. Carollo: No, the big difference is sir, the big difference is, that that
board director member was not coming into the City of Miami with a franchise,
something in private business, that the City of Miami had to make all kinds of
financial commitments for, it is a big difference, and you know it darn well,
and furthermore, let's get on the record, sir...
Mayor Suarez: Make your accusations and we will investigate them, the State
Attorney will investigate...
Mr. Carollo: I'm going to tell you right now...
Mayor Suarez: ... but we have a Planning and Zoning agenda here tonight, and
are using up the last 25 minutes of it.
Mr. Carollo: No, what you are trying to do...
Mayor Suarez: Something you have been doing for the last...
Mr. Carollo: What you are trying to do is hide the fact...
Mayor Suarez: ...year and three-quarters.
Mr. Carollo: No, what you are trying to do, Mr. Mayor, is try to hide a lot
of the facts under the rug and you know that there are things that this
Commission...
Mayor Suarez: I don't hide anything. I was here for forty minutes this
morning discussing it before you even showed up.
Mr. Carollo: Well, certainly. Well, let me ask you this then, why then, has
this Commission been asking, not this Commissioner, but this Commission, has
been asking from meeting to meeting to bring this up for discussion and from
meeting to meeting it has been deferred.
Mayor Suarez: It was the Vice -Mayor who asked for it. Ask him.
Mr. Carollo: Oh, the Vice -Mayor.
Mrs. Kennedy: Well, let me say for the record, Joe, I'm also surprised as
anyone here, I really haven't heard anything of allegations, but I think that
the same should be investigated and yes, I am ready to meet and let's do it,
like J.L. suggested, next week.
235 July 23, 1987
Mr. Carollo: Let me get into the record again and I think you have all
understood me well, and I know Mr. Suarez certainly has. I am not saying
there has been necessarily anything wrong, I am not trying to beat anyone over
the head, I am saying, let's make sure the City of Miami of Miami is
protected, that is what I am saying.
Mr. Plummer: You made it very clear on the record that it was a rumor. You
did not make an accusation, there was a rumor, and I think that that rumor
could be devastating to all parties, including the other side. I still. say to
you that I would ask the Manager, since I thought I was well versed in this
arena situation. I would ask the Manager to take that rumor, investigate it.
If there is any basis, not just some, but any basis whatsoever to truth of
that rumor, I am willing to meet next Thursday. If there is no basis in your
opinion, then we can wait until the 8th of September.
Mr. Odio: Commissioner, Mayor, if there is anything to the rumor, all we have
to do, we don't have to meet, all we have to do is remove them from their
contract and hire somebody else.
Mr. Plummer: No sir, I don't think it is that simple.
Mr. Odio: Because all they are doing, all they are doing at this moment, is
that firm is just...
Mayor Suarez: Look, what the Vice -Mayor is suggesting is that you investigate
it and get back to us with your findings.
Mrs. Kennedy: Get back to us.
Mr. Plummer: Look, Mr. Manager...
Mr. Odio: If there is a conflict, we don't need it.
Mr. Plummer: ... if there is a known intentional conflict of interest, sir,
it ain't going to stop in just firing an auditing firm.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: You bet your bippy I am going to carry it further, OK? Now, if
there is entered into collusion, and that is what it is and I am not saying
that that is the case, but if it was a knowingly entered into conflict of
interest, my friend, for this Commissioner, there is going to be more than a
C.P.A. firm fired.
Mr. Carollo: Well, again, for about the fourth and fifth time in the last few
minutes we have been discussing this, I want to express what this
Commissioner's concerns are. This Commissioner's concerns are the City of
Miami taxpayer's are protected so we don't end up with any kind of deal like
we have had in the past, like in the Knight Center, that it was a wonderful
deal. Do you know how much that wonderful deal is costing the City of Miami
every year?... in excess of $4,000,000 deficit that we are paying for, you are
paying for and every year it is going up. So, all that I am concerned about
is that we are protected. Whatever other internal problems they have, or don't
have, that is between them, if there is anything that should be investigated,
that is for the investigative bodies to do, if that is the case, and I haven't
mentioned that. However, what I am saying is, that if there are things that
the media is asking about, the media is going to write about and big question
marks are going to be made out of, whether they are right or they are wrong, I
just want to make sure that for the protection of this City, so that we could
proceed with this, we try to take it head on as quickly as possible, then move
on with the City's business, and I didn't bring the Off -Street Parking
Authority into this, or anything else, trying to get the issue away from what
we have been discussing. Anytime that individuals would like to get involved
in the Off -Street Parking Authority, I would be more than happy to have the
City Clerk put me under oath and repeat what has been told to me by members of
this Administration that the Mayor has requested of them by the Off -Street
Parking Authority, and what he wants to do with it.
Mr. Dawkins: Item 8.
Mr. Plummer: Well, now here again...
236 July 23, 1987
11
Mayor Suarez: The Off -Street Parking Authority, what I want to do with it?
Mr. Dawkins: Item S.
Mayor Suarez: That's been clear, about as clear as anything in the history of
the City of Miami. Why don't we get on the Planning and Zoning Agenda?
What...
Mr. Plummer: All right, let me just...
Mayor Suarez: Yes, Mr. Vice -Mayor.
Mr. Plummer: I would ask at this time that those rumors brought forth to this
Commission's attention today be investigated immediately by the City Manager.
If he finds any basis to those rumors, that he will then call the Mayor to
call a special meeting on the 30th of this month. If not, then let's schedule
a full blown hearing on... Joe makes a good point, not on the 8th, because we
should put aside a separate day because this is going to be long and involved.
What day would be most convenient for the members of the Commission for...
Mr. Carollo: J. L. , I'd be willing to meet anytime, but I don't think that
you know, the City Administration should be in a position of being
investigators if this is true, if this is not true. I think that we should
have a meeting, get everybody involved, have everything out in the open and
try to move ahead with this. That is all that I am saying. I don't want to
put the Administration on the spot and put them in the roll of investigators.
Mr. Plummer: Who in the hell are we going to do it? You going to make us be
investigators?
Mrs. Kennedy: Then are we going to investigate everybody?
Mr. Carollo: I would hope that everyone would...
Mayor Suarez: I'd like to know what we are going to investigate?
Mr. Carollo: Be honest enough that whatever questions there has to be made
and have to be asked that we ask them at a public hearing and move on with
this, that's all I have been saying.
Mayor Suarez: You'll be able to do that. You'll be able to do it.
Mr. Plummer: Well, we will do that if we find any basis
Mrs. Kennedy: There is a reason.
Mr. Plummer: I offer that as a motion. Let's see if I can bring it to a
close.
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. 87-762
A MOTION DIRECTING THE ADMINISTRATION TO TRY TO
ASCERTAIN WHETHER THERE IS ANY TRUTH TO RECENT RUMORS
BROUGHT FORTH BEFORE THE CITY COMMISSION ON THIS DATE
IN CONNECTION WITH AN ALLEGED CONFLICT OF INTEREST
REGARDING THE MIAMI ARENA CONTRACT; FURTHER STATING
THAT IF THE CITY MANAGER WERE TO FIND ANY TRUTH TO
THOSE RUMORS HE WOULD THEN INFORM THE MAYOR WHO WOULD
THEN CALL A SPECIAL MEETING FOR JULY 30TH, OTHERWISE
THE CITY COMMISSION WOULD SCHEDULE A FULL BLOWN PUBLIC
HEARING ON SEPTEMBER 1987.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
237 July 23, 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.
COMMENTS DURING ROLL CALL:
Mr. Carollo: For the purpose of trying to move ahead for something positive
on this, I vote yes.
Mayor Suarez: Very good, you are learning. OK, we've got the rest of the
items on 27th Avenue.
Mr. Carollo: Xavier, let me tell you something. I learned a long time before
you ever did and that's why you spent quite a few years coming to my office
where my assistants, out of embarrassment, had to come to me finally, saying,
"How can we get this guy out of here." When you were doing everything, but
practically shining my shoes, trying to get my support to be in this
Commission and when you would publicly go to radio stations, telling people
and I have the tapes of how much you wanted to be elected in this Commission,
so you could work and help Commissioner Carollo. How quickly we forget, don't
we?
Mayor Suarez: History isn't quite that way, but there will time for that,
there will be time for that.
Mr. Carollo: History is quite that way.
82. SECOND READING ORDINANCE: S.W. 27TH AVENUE GATEWAY DISTRICT.
Mayor Suarez: We have a Planning and Zoning agenda. Can we take the rest of
the items on 27th Avenue? I mean, we have the same posture that we have had,
Tigertail is still... Thelma, are you still recommending against 9th through
12th?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Would you please come up to the mike?... 9th through 13th.
Mr. Plummer: Eight creates the district, correct?
Mr. Olmedillo: Eight is the language for the district, 9 through 13,
application of the district zoning changes.
Mayor Suarez: Then there is no compromise on the basic issue, I mean...
Mr. Olmedillo: We've done every change that we have agreed upon during the
meetings, the 20 some meetings that we have held.
Mrs. Thelma Altshuler: Well, the 20 meetings.
Mayor Suarez: Give us your name and address, please.
Mrs. Altshuler: OK, Thelma Altshuler, 3100 Jefferson, in Coconut Grove, and
yes, we have had lots of meetings, we have gotten to know each other very
well. I think we may be worse off than we were in the beginning.
Mrs. Kennedy: Oh no.
Mr. Plummer: Oh!
Mrs. Altshuler: We would still like to maintain that the residential nature
of 27th Avenue between Bird and Tigertail be maintained. We believe
238 July 23, 1987
realistically and I spoken to the Coconut Grove Civic Club, that that is
unlikely to happen; therefore, if change must occur, after to much time has
been invested, and certainly money, then we believe that the worse feature of
what is being proposed is the commercial aspect of it. If office must go in
there, in addition to residential, that would be a compromise that we accept
and we have sent letters to the Commission stating that position. The
commercial part with the extra business at night and the variety of businesses
which are allowed in this SPI-13 are very frightening to us. They are not
acceptable. I like very much what I am hearing about the right to maintain
the large street. I think that is very sensible, I think those pictures are
pretty, and of course we recognize all the change, sometimes we don't even
know where those buildings come from. I almost close my eyes and I don't
literally close them when I am driving over to 27th. We still think that
this is a large neighborhood of old time residences, some children have moved
in there, it is a rather nice place and I don't see how it can continue to be
what it has been in the past if the commercial part becomes a main feature.
We have a number of speakers here. You recognize some of them and some of them
are away, perhaps to your delight. Steven is up in Canada and Bob Fitzsimmons
is away and Tucker Gibbs is studying for his law exam. Charlotte Duval had to
go make dinner for her old man. We have a number of speakers who could speak
on many things that you have heard before and we have all kinds of numbers,
but that is the basic difference between us.
Mayor Suarez: We are on notice as to the basic differences and we have heard
them so many times already. I entertain a motion on item PZ-9.
Mr. Plummer: You've moved it before, do you want to move it again?
Mr. Olmedillo: Eight. Eight first.
Ms. Hirai: PZ-8, Mr. Mayor.
Mayor Suarez: Eight.
Mr. Olmedillo: Eight first, unless the opposition has something to say.
Mayor Suarez: I'm sorry.
Mr. Brooks Brierly: I am Brooks Brierly, at 3126 Center Street. Are you all
going to vote on this tonight?... because I'd like to say something if you are
going to...
Mayor Suarez: We are headed in that direction, yes.
Mr. Brierly: All right, maybe I can just hand out something to you quickly,
because we have been doing some work on this for quite some time. I am one of
17 people who live over in the Apogee condominiums. We feel there is a basis
for coming together on this and we have put together a letter that shows five
points that we think in modifying SPI-13 would make it an asset to the Grove,
rather than a negative. I think anyone who thinks about 27th Avenue, they
realize there is some improvements needed there. It is not a very pretty
street, but SPI-13 does not fix it up. The SPI-13 specifications are not what
they are said to be. They don't make a gateway to the Grove. They make
Biscayne Boulevard at 70th Street. If you look at the ordinance that you
passed on April 30th, you have made some certifications as to traffic, as to
buildings not interfering with air and light. There is no side setbacks in
this SPI-13. The traffic, with the one traffic study that is in the file,
talks about the peak traffic use of 27th Avenue now at 90 percent. If you add
this SPI-13 change, they will take it well up to like 150 percent. That's not
what your certification on April 30th says. It says it is not going to
excessively increase the traffic congestion, but it will. The traffic
studies, the real traffic studies are not going to be done until January 30th,
or something. There are too many flaws there and we are suggesting that in
these five points, you will make the changes that are necessary to make it a
livable place. Coconut Grove is very special to a lot of people and it needs
that special handling. That is what the original study says and what is in
SPI-13 doesn't even follow the original study. The details just aren't there,
and we talked with a number of people within the government and also talked
with some of the opposition and I think we are on our way. You have a vote up
there that says 20 against and 18 favor. There was a workshop held on April
21st. You have the minutes of it in the PZ record. It's almost overwhelming
against this, and the comments there, there was movement at that meeting.
239 July 23, 1987
There is movement in the discussions, but it doesn't show, the transcript of
that meeting does not contain the back and forth that went on there, and I
think you should be aware of that.
Mr. Plummer: Sir, I happen to agree with you on two points.
Mr. Brierly: I'd hope you would take all five.
Mr. Plummer: No, sir, I am not going to take all five. Be thankful I'm
taking two. I think in reference to landscaping, I cannot agree with what he
has stipulated here. Can the City Commission, in its wisdom in the SPI,
demand that a landscaping plan be proffered before a building permit is
issued? Is that within our purview?
Mr. Olmedillo: The class C permit is always before the building permit.
Mr. Plummer: But, can we, the Commission, review it?
Mr. Olmedillo: Yes, you may, if you put that condition, yes, you may.
Mr. Plummer: Yes, that is plausible that we make sure that there is adequate
landscaping. Where he comes up with 20 foot high, 25 foot high canopy trees,
20 foot spread, and 20 foot on center... sir, I am not a botanist. All I know
is that when I see a good green, I know what I am talking about.
Mr. Brierly: Commissioner, you are talking about putting up 50 foot high
buildings and you are going to put ten foot trees around them. It is not...
Mr. Plummer: Sir, did you just hear what I said? Are you listening?
Mrs. Kennedy: He is agreeing with you.
Mr. Brierly: Yes, I am listening.
Mr. Plummer: I'm agreeing with you, sir, they have got to submit the plan to
US.
Mr. Brierly: Why not put it SPI-13 now?
Mr. Plummer: I am putting in the SPI-13 that this Commission will approve
every permit, sir. Are you listening?
Mr. Brierly: I'm listening.
Mr. Plummer: OK, I agree with the heavily 20 foot landscaped rear yard, the
15 foot, but heavily landscaping in the I asked about before,
and I will ask again about some of your neighbors, sir, do not want a
staggered f ront. They want all of the buildings to be as far forward as
possible so that they don't come any closer to the residential than they have
to, so they disagree with you, and so do I.
Mr. Brierly: With no side setbacks, you are going to have... you can have a
complete 50 foot high wall, from Bird Road all the way down to Shipping and
then another one that starts from Shipping and go down to Tigertail. Do you
want that with no air circulation? That's not what you put in the ordinance.
Mr. Plummer: Are you saying that there is no side setbacks at all?
Mr. Olmedillo: The proposal has no side setbacks, because the idea is to have
a continuous frontage like it is in the SPI-2, the Grove Village Center. You
don't have side setbacks, you have a continuous frontage. Now, each building
is going to retain its own identity.
Mr. Plummer: Well, wait a minute. Let me think about that for a minute. You
say that there are no side setbacks at all?
Mr. Olmedillo: That is correct.
Mr. Plummer: And how do you justify that reasoning?
Mr. Olmedillo: Because we would like to have a continuous frontage on 27th
Avenue.
240 July 23, 1987
Mr. Plummer: What is the advantage to that?
Mr. Olmedillo: You don't have so many indentations that it is a waste of
space. You don't have a good utilization of the frontage on 27th Avenue.
Mrs. Kennedy: You think they would be more uniform and...
Mr. Olmedillo: Excuse me?
Mrs. Kennedy: You think it will be more uniform and won't waste space.
Mr. Plummer: I am concerned about flow of air which...
Mr. Brierly: That section, that point two J in the ordinance, that you all
approved in April 30th, it says it will not.
Mr. Plummer: Even if it was a one foot setback - you don't agree with that?
You are saying that you feel that it would be for a better development not to
have it?
Mr. Olmedillo: It would lead to a better development to have a continuous
frontage, although...
Mr. Plummer: Well, I can see one favorable point there. It would in fact,
serve as a buffer from the street to the residential. I can see that. I'm
still concerned about the air flow.
Mr. Tony Marina: Could I speak out of turn for a second?
Mr. Plummer: No, I would rather them. I pay their salaries.
Mr. Olmedillo: That depends on the design of the building. You may have air
passage at different levels and, we don't see a real problem with that. If
you notice that the blocks on 27th Avenue, fronting on 27th Avenue, are not
all longer. Some of them are very short, not long blocks.
Mr. Plummer: Yes, that's true. Mr. Marina, I didn't mean to cut you off, sir.
Do you want to speak, please do. I was just asking him to answer.
Mayor Suarez: Let me check something very quick here, Tony, before you
speak. Is there anyone here on item 16? Raise you hand please, if you are
here for that, other than the applicant. 17? 18? Because I know we have the
reverend from Allapattah Baptist Church, that we postponed, we deferred from
the last Commission meeting and I think that is a totally non -controversial
item.
Mr. Plummer: I'd like to get finished with 27th Avenue. If we do that, we
are going to be doing well.
Mr. Carollo: We are on 27th Avenue, we would like to finish that.
Mayor Suarez: OK, Tony, you want to say something?
Mr. Tony Marina: I just wanted to address, I met with Brooks Brierly. A lot
of the things that he mentioned, and that we met about last night make sense.
They are concerned about, there is a 15 foot set back. He would like it for
all to be green, the ordinance allows for the set back to have a five foot
planter that cannot be used for anything and he wants big trees defined so he
can block the building. I agree with him. I also agree, he forgot about that,
they are concerned about when you live behind buildings, you have a tremendous
amount of light, because you are obligated to have light for protection, etc.,
that some consideration be given to how that light that placed so it is not
shining into your bedroom, or your back yard. He requested that no parking,
transition over to... not transition be allowed from one district to another,
I told them I didn't know if that could be done, but it is already in the SPI-
13, so I have to accept it. Now, to your concern about buildings, you have to
realize that if somebody owns a whole block, you don't need any set backs
between the building. Some of the blocks, you have the gas station, that is
going to stay there and you have a small lot where the coral rock house is,
then you have a condominium, so all in all, the reason for trying to keep the
zero setback at the side, is to try to get some unified pedestrian with a type
241 July 23, 1987
of canopy, etc., that you could walk under. You are still going to get air.
Nobody is going to build all the buildings. Some are going to remain, so
it...
Mr. Plummer: I think it is a balancing act. My concern about the air flow,
as it concerns to the neighborhood and the reduction of noise by having that
situation the way that they are proposing, and I guess I would have to go in
favor of peace and quiet. I can always turn on my air conditioning.
Mr. Marina: Thank you.
Mr. Rodriguez: As to the concern that you have over landscaping, there is a
section that in the proposed ordinance, by which there will be an additional
landscaping plan requirement that will have to be submitted from additional
class C review that can be appealed by the applicants in each case.
Mr. Plummer: Sir, did you hear what I said?
Mr. Rodriguez: I know, but I am trying to tell you, it can be appealed to
you.
Mr. Plummer: Did you hear what I said?
Mr. Rodriguez: OK.
Mr. Plummer: I will move item 8 with the provision that each application,
that fronts onto 27th Avenue, the landscaping plan has to be reviewed by the
Commission.
Mr. Carollo: Second.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll, PZ-8.
I'm sorry, read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mayor Suarez: We could just go on forever, but sooner or later we are going
to have to take a vote on this thing, and if we don't do it now, we are not
going to get to do it before the end of this session, and God knows when.
Mr. Barry Feldman: My name is Barry Feldman, 2539 South Bayshore. I think
that...
Mayor Suarez: Do you want to register your objections to it in some way?
Mr. Feldman: No, well, I think that perhaps the few people that have waited
all this time to speak could be given maybe one minute each, or something very
brief, because I think we have a compromise situation, which all of the
residents agree to.
Mayor Suarez: You should have presented that to the Commissioners who voted
for this before, I presume, and that hasn't changed any votes, I presume.
Mr. Feldman: Well, I think that the residents have even compromised further
and have narrowed down their concerns to one basic concern.
Mayor Suarez: Which is that?
Mr. Feldman: The one basic concern that is very important to us is that
between Bird and Tigertail, the use presently, according to a map prepared by
the Planning Department. It is completely residential except for a vacant
lot.
Mr. Plummer: Except for the what?
Mr. Feldman: A vacant lot. According to...
Mr. Plummer: A vacant lot?
Mayor Suarez: Talking about the existing use.
242 July 23, 1987
Mr. Feldman: The existing use, according to that map, it was prepared by the
Planning Department. Because the Planning Department...
Mr. Plummer: Sir, that is not a correct statement.
Mr. Feldman: Well, I am just going by the Planning Department's map.
Mr. Plummer: No, sir, well, you know the area and you know that is not a
correct statement.
Mr. Feldman: Within the proposed area of rezoning.
Mr. Plummer: Sir, you know that is not a correct statement. You have a
filling station which was there.
Mr. Feldman: But, that is not within the proposed area of the rezoning, sir.
Mr. Plummer: I'm sorry, I stand corrected. What about the one there on Day
Avenue? That's not in there also.
Mr. Feldman: Right.
Mr. Plummer: The one that was changed to a commercial use. You see, some
people are being very short minded. You know who are the ones that asked that
this study be done? The residents. And what prompted that? It was prompted
by the Day Avenue change of commercial, OK?... and the filling station change.
Then it was also prompted by some other things in which the residents came
before this Commission, and said, "Please, don't chop it up in little pieces.
Give us a total study, let's do an entire thing from Dixie Highway to
Tigertail."
Mr. Feldman: I think the Planning Department did a great job in encompassing
the whole area.
Mr. Plummer: Now, the problem is that we did what you asked, and it is in
disagreement.
Mr. Feldman: I am just asking that this one point on which we all agree be
heard.
Mayor Suarez: What were you going to say before you started getting into the
issue of how many were residents and how many were vacant? I'm going to call
the question.
Mr. Feldman: It is just that the Planning Department projects that most of
this area will stay residential, will not be redeveloped in the near future,
78 percent, roughly.
Mayor Suarez: What is the compromise, Barry?
Mr. Feldman: The compromise is please leave the heavy commercial uses out of
that area. Please rezone it to RO, as is shown, but don't allow the
commercial uses within that area.
Mayor Suarez: South of Tigertail.
Mr. Feldman: South of Tigertail, that is the issue that... south of Bird, I
am sorry.
Mayor Suarez: I'm sorry, Bird.
Mr. Feldman: Between Bird and Tigertail. That's the one point which is very
important to us.
Mayor Suarez: The movant wants to consider that? Otherwise, we will go
forward with the call. Call the roll.
Mr. John Green: I have one thing...
Mayor Suarez: Jim.
243 July 23, 1987
Mr. Green:..- if someone would entertain possibly An adjustment to the
current... I am sorry, John Green, 3158 Florida Avenue. Since there is a
motion on the board, on boards, I'd to just ask for one thing, if it is going
to be commercial, and that is, the one thing that really destroys the
residential neighborhoods that abut commercial property, is the encroachment,
the actual encroachment by parking, by putting all the parking in the
residential areas.
Mr. Plummer: We've already addressed that. Didn't you just hear it? There
will be no transitional parking. They must use the on site for the parking.
Mr. Olmedillo: It says no off site parking allowed.
Mr. Plummer: There is no transitional. We built that in at the last hearing.
Mr. Carollo: I call the question.
Mr. Plummer. Excuse me, John, did you not hear that?
Mr. Green: I apparently didn't.
Mr. Plummer: Would you repeat it for him?
Mr. Olmedillo: It states no off site parking as a requirement.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 15, ENTITLED "SPI SPECIAL PUBLIC
INTEREST DISTRICTS: BY ADDING NEW SECTIONS 10525,
ENTITLED SPI-13 SOUTHWEST 27TH AVENUE GATEWAY
DISTRICT", AND 15126 ENTITLED "INTENT", AND 15127
ENTITLED "SPECIAL PERMITS", AND 15128 ENTITLED
"PERMISSIBLE PRINCIPAL USES AND STRUCTURES", AND 15129
ENTITLED "LIMITATIONS WHERE LOTS IN THE SPI-13
DISTRICT ABUT LOTS UNDER RS OR RG ZONING DISTRICTS',
AND 15130 ENTITLED "MINIMUM LOT REQUIREMENTS; FLOOR
AREA LIMITATIONS; MINIMUM OPEN SPACE REQUIREMENTS;
DEVELOPMENT ALTERNATIVES', AND 15131 ENTITLED "MAXIMUM
HEIGHT", AND 15132 ENTITLED "MINIMUM OFF STREET
PARKING", AND 15133 ENTITLED "LIMITATION ON SIGNS";
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading by title at the meeting of April 30, 1987, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Carollo, 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 Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None
244 July 23, 1987
rl
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: How did Mrs. Kennedy vote?
Ms. Hirai: Mrs. Kennedy voted yes.
Mr. Dawkins: No.
Ms. Hirai: You vote no, and Mr. Carollo?
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10398.
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. SECOND READING ORDINANCE: ATLAS CHANGE FROM RO-2.1/5 AND RG-2/5 TO SPI-13
TO EAST SIDE OF 27TH AVENUE GATEWAY DISTRICT.
Mayor Suarez: Item PZ-9.
Mr. Olmedillo: PZ-9 is the application of the SPI-13 district to the east
side of 27th Avenue.
Mr. Carollo: Moved.
Mayor Suarez: Moved. Do we have a second?
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM RO-2.1/5 AND RG-2/5 TO SPI-13
SPECIAL USE DISTRICT AND ALSO DELETING THE SPI-3
OVERLAY DISTRICT AND RETAINING THE SPI-12 OVERLAY
DISTRICT, WHERE APPLICABLE, TO THE AREA GENERALLY
BOUNDED BY APPROXIMATELY SOUTHWEST 27TH AVENUE ON THE
WEST, 150 FEET NORTH OF ANDROS AVENUE ON THE NORTH;
LINCOLN AVENUE ON THE SOUTH AND ON THE EAST AN
IRREGULAR BOUNDARY WHICH FOLLOWS: A LINE PARALLEL TO
SOUTHWEST 27TH AVENUE AND APPROXIMATELY 150 FEET TO
THE EAST FROM LINCOLN AVENUE TO SWANSON AVENUE; FROM
THAT POINT DUE EAST TO THE INTERSECTION OF AVIATION
AVENUE; FROM THAT POINT DUE NORTHWEST TO THE
INTERSECTION WITH ABACO AVENUE; FROM THAT POINT DUE
NORTHEAST FOR APPROXIMATELY 300 FEET; FROM THAT POINT
DUE NORTHWEST TO THE INTERSECTION WITH ANDROS AVENUE;
FROM THAT POINT DUE EAST TO THE INTERSECTION WITH
WASHINGTON AVENUE AND FROM THAT POINT DUE NORTH TO THE
INTERSECTION OF A LINE PERPENDICULAR TO 27TH AVENUE
AND LOCATED APPROXIMATELY 150 FEET NORTH OF ANDROS
AVENUE; MAKING FINDINGS; AND BY MAKING ALL NECESSARY
CHANGES ON PAGE NUMBER 45 OF THE ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of April 30, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Carollo, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote-
245 July 23, 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. 10309.
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. SECOND READING ORDINANCE: ATLAS CHANGE FROM RO-2.1/5 AND RG-2/5 TO SPI
13 TO AREA OF 28TH TERRACE ON NORTH; S.W. 27TH AVENUE ON EAST; DAY
AVENUE ON SOUTH, ETC.
Mr. Plummer: 10 addresses what area?
Mr. Olmedillo: 10 is what is shown as 2B in the transparency, which is west
of 27th Avenue, this strip fronting on 27th Avenue, and that will be the SPI-
13 also.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion?
Mr. Dawkins: What are you on now, 9 or 10?
Mr. Plummer: This is 10.
Mayor Suarez: Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM RO-2.1/5 AND RG-2/5 TO SPI-13
SPECIAL USE DISTRICT AND ALSO DELETING THE SPI-3
OVERLAY APPLYING THE SPI-13 "SPECIAL USE DISTRICT," TO
THE AREA GENERALLY BOUNDED BY SOUTHWEST 28TH TERRACE
ON THE NORTH; SOUTHWEST 27TH AVENUE ON THE EAST; A
LINE PARALLEL TO DAY AVENUE AND LOCATED APPROXIMATELY
50 FEET NORTH OF IT ON THE SOUTH; A LINE PARALLEL TO
SOUTHWEST 27TH AVENUE AND LOCATED APPROXIMATELY 150
FEET WEST OF IT ON THE WEST; EXCEPT FOR THOSE LOTS
FRONTING BIRD AVENUE AND LOCATED BETWEEN SOUTHWEST
27TH AVENUE AND CENTER STREET; MAKING FINDINGS; AND BY
MAKING ALL NECESSARY CHANGES ON PAGE NUMBERS 42 AND 46
OF THE ZONING ATLAS CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 30, 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-
246 July 23, 1987
s
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10310.
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. CONTINUE CONSIDERATION OF PROPOSED ORDINANCE TO CHANGE ZONING ATLAS FROM
RG-1/3 TO RG-2/5 IN AREA BOUNDED BY COCONUT AVENUE ON SOUTH; VIRGINIA
STREET ON WEST; 27TH AVENUE, ETC.
Mayor Suarez: PZ-11.
Mr. Carollo: Move.
Mr. Olmedillo: PZ-11 is...
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: Which?
Mayor Suarez: Any discussion? Read the ordinance. I'm sorry.
Mr. Olmedillo: The one to which the pen is pointed.
Mayor Suarez: What was that, Guillermo?
Mr. Olmedillo: Mr. Plummer was asking which one, which of the areas was that
applied to.
Mr. Plummer: Now, that is also under the SPI?
Mr. Olmedillo: No, that is an RG-2. That is a multi -family district.
Mr. Plummer: OK, whoa! Now, wait a minute, whoa) We addressed no
encroachment of parking in the SPI. I want the same thing to apply here.
Mrs. Dougherty: I can't do it on this.
Mr. Olmedillo: What we are...
Mr. Olmedillo: No off site parking. We did not address it in anything but
the SPI.
Mayor Suarez: You won't encroach into the 100 foot right-of-way.
Mr. Plummer: Exactly.
Mr. Olmedillo: This is a residential district what we are proposing.
Mr. Plummer: Sir, I understand what you are proposing. How heavy
residential?
Mr. Olmedillo: RG-2, it is multi family, it is sector five, it is .75, no
height limitation, but it is .75 F.A.R.
Mr. Plummer: Sir, exactly what we are fighting on the corner of Trapp and
Dixie. If you go up 50 feet, 80 feet, 100 feet, and you don't have the
parking, there is no height limitation, right?
247 July 23, 1987
Mr. Olmedillo: That is correct.
Mr. Plummer: OK, you don't have the parking, or you don't figure it on site,
they are going to want to encroach into the residential area. 1 want to stop
it now, OK? No off site parking, the same way we built it into the SPI.
Mrs. Dougherty: You are going to have to do the whole zoning district.
You'll have to do the whole zoning district.
Mr. Plummer: Why can't I do it?
Mr. Rodriguez: I'm trying to find a solution, but I think that you would
have to develop an overlay district for the whole area.
Mrs. Dougherty: You would apply City wide is all we are saying. You can do
it, but it would be... You would apply it every place that there is an RG-2.
Mr. Plummer: Well, I have no problem with that, but I want to address this
issue now. Then this matter has got to be deferred, this particular item. I
cannot stop in my theory behind the fact that they are going to contain on
their own properties in the SPI. The same provision needs to apply on the
others that we are changing the zoning on. You know very well that if we don't
do that, that every application that comes in to build a high rise,
residential facility is going to be in here looking either for a variance on
parking, or conditional use on parking, special exemption, whatever the hell
you call it now, OK?... and I say now is the time to tell them, hey, you've
got that, but you are going to have to put the parking on your own site.
Mr. Olmedillo: You have two options, I believe. One will be to put an
overlay district which will eliminate any variances or special exemptions, or
the other one is to...
Mr. Plummer: Relating to parking. However I've got to do that, you tell me
how.
Mr. Olmedillo: Or, change the RG-2 to read that the RG-2 cannot have off site
parking, one of the two.
Mrs. Dougherty: In both cases you have to get a new ordinance and go through
the planning board.
Mr. Plummer: That relates... let me make sure I know what I'm talking about -
the first top dark area.
Mrs. Dougherty: All they are doing is going from RG-1/3 to RG-2/5.
Mr. Plummer: Yes, but here, if I am going to give them something, I want to
get something back, OK? So what is the best way for me to do it?
Mr. Pierce: Defer this.
Mr. Plummer: For how long? I wanted to finish 27th Avenue tonight.
Mr. Olmedillo: Until it gets through the system.
Mr. Pierce: Until we can get an amendment for RG back here with it.
Mr. Plummer: Well, I'm sorry, I can't approve it otherwise.
Mr. Pierce: I would suggest a deferral then, until November, continuance
until then.
Mr. Plummer: I'll make a deferral until such time as my concern is protected.
Mr. Pierce: Continue it to the...
Mr. Dawkins: I withdraw my motion in favor of J.L.'s.
Mr. Carollo: What item?
Mr. Plummer: That's item number 10, Joe.
248 July 23, 1987
Mr. Olmedillo: It is 11.
Mr. Pierce: Continuance to the second meeting in November.
Mr. Carollo: Well, can we... I'll go along with anything right now, can we
move ahead? We'll be finished...
Mr. Plummer: Yes, I'll move item 10 be continued for further information.
Mrs. Dougherty: Until the second meeting in November.
Mr. Plummer: Why not in September?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Rodriguez: We have to go to the P.A.B.
Mr. Plummer: All right, all right. It will be the zoning meeting in
November. They can't do it in... in November?
Mr. Pierce: Yes. Let me, may I give you...
Mr. Plummer: September, October and November?
Mrs. Kennedy: It has to go through the process.
Mr. Pierce: Mr. Plummer, the amendments you are looking for is going to have
to go through the P.A.B. in September. It is going to get to you on first
reading in October, then this item is already second reading, so we are
looking at both of them in November.
Mr. Plummer: Mr. Pierce, I respect what you have the right to say. Buddy,
I've got my rights. If you were in the private sector, you would starve to
death.
Mr. Dawkins: Call the roll.
Mayor Suarez: What is the postponement, until when?
Mr. Pierce: Continued to the meeting of...
Mr. Plummer: The earliest possible date, not to exceed November... we don't
even have it on the calendar, it's so far away!
Mayor Suarez: The second meeting in November, the Planning and Zoning
meeting in November. So moved and seconded. Any discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-763
A RESOLUTION CONTINUING CONSIDERATION OF A PROPOSED
SECOND READING OF AN ORDINANCE AMENDING THE ZONING
ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA BY CHANGING
THE ZONING CLASSIFICATION FROM RG-1/3 TO RG-2/5 IN THE
AREA GENERALLY BOUNDED BY COCONUT AVENUE ON THE SOUTH;
A LINE PARALLEL TO VIRGINIA STREET AND LOCATED
APPROXIMATELY 150 FEET EAST OF IT ON THE WEST; A LINE
PARALLEL TO COCONUT AVENUE AND LOCATED 150 FEET NORTH
OF IT ON THE NORTH; AND A LINE PARALLEL TO SOUTHWEST
27TH AVENUE AND LOCATED APPROXIMATELY 150 FEET WEST OF
IT ON THE WEST; THE CONTINUATION TO BE AT THE EARLIEST
POSSIBLE DATE BUT NOT LATER THAN THE SECOND COMMISSION
MEETING IN NOVEMBER, 1987.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
249 July 23, 1987
Upon being seconded by Commissioner Dawkins, 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.
------------------------------------------------------------------------------
86. SECOND READING ORDINANCE: ZONING ATLAS CHANGE FROM RG-1/3 TO RG-2.1/3.3
AT AREA OF COCONUT AVENUE ON NORTH, CENTER STREET ON EST, VIRGINIA STREET
ON WEST. ETC.
Mr. Carollo: Item 11, move.
Mayor Suarez: PZ-11 moved.
Mrs. Kennedy: Second.
Mr. Olmedillo: That was PZ-11.
Mayor Suarez: I'm sorry, PZ-12.
Mr. Carollo: PZ-12, move.
Mr. Olmedillo: PZ-12.
Mrs. Kennedy: Second.
Mr. Plummer: Which area is that?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: All right, is that in the SPI?
Mr. Olmedillo: No, sir, that is changed from a duplex to a townhome type of
zoning.
Mr. Plummer: A townhouse.
Mr. Olmedillo: Townhouses.
Mr. Plummer: And then the normal requirement of parking is not that great and
demanding.
Mr. Olmedillo: Yes, sir, that is correct.
Mr. Plummer: All right, I will go along with that. Did somebody move 12? If
they didn't, I will.
Mrs. Kennedy: Yes, Joe moved it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Call
the roll.
250 July 23, 1987
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
N0. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM RG-1/3 TO RG-2.1/3.3 ZONING
CLASSIFICATION TO THE AREA GENERALLY BOUNDED BY
COCONUT AVENUE ON THE NORTH; CENTER STREET ON THE
EAST; A LINE PARALLEL TO COCONUT AVENUE AND LOCATED
APPROXIMATELY 150 FEET SOUTH OF IT ON THE SOUTH; AND
VIRGINIA STREET ON THE WEST; MAKING FINDINGS; AND BY
MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 42 OF THE
ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of April 30, 1987, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Carollo, 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.
NOES: Mayor Xavier L. Suarez
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10311.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
87. SECOND READING ORDINANCE: ZONING ATLAS CHANGE FROM RG-1/3 TO RG2.1/3.3 AT
CENTER STREET ON WEST, COCONUT AVENUE ON NORTH, 27TH AVENUE ON EAST, DAY
AVENUE ON SOUTH, ETC.
Mr. Olmedillo: 13 will the strip...
Mr. Carollo: Move.
Mrs. Kennedy: Second.
Mr. Plummer: The same.
Mr. Olmedillo: The same change, but on that strip.
Mr. Plummer: To townhouse.
Mr. Olmedillo: To townhoues on Center Street.
Mayor Suarez: Moved and seconded? Any discussion? Read the ordinance. Call
the roll.
251 July 23, 1987
rr
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM RG-1/3 TO RG-2.1/3.3 ZONING
CLASSIFICATION TO THE AREA GENERALLY BOUNDED BY CENTER
STREET ON THE WEST; A LINE PARALLEL TO COCONUT AVENUE
AND APPROXIMATELY 150 FEET SOUTH OF IT ON THE NORTH; A
LINE PARALLEL TO SOUTHWEST 27TH AVENUE AND
APPROXIMATELY 150 FEET WEST OF IT ON THE EAST; AND A
LINE PARALLEL TO DAY AVENUE LOCATED APPROXIMATELY 150
FEET NORTH OF IT ON THE SOUTH; EXCEPT FOR THE LOTS
FRONTING ON BIRD AVENUE BETWEEN CENTER STREET AND
SOUTHWEST 27TH AVENUE; MAKING FINDINGS; AND BY MAKING
ALL NECESSARY CHANGES ON PAGE NUMBERS 42 AND 46 OF THE
ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 30, 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Carollo, 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.
NOES: Mayor Xavier L. Suarez
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10312.
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.
Mr. Plummer: Mayor Suarez, let me say to you and to the people present. I am
telling the Administration, the Planning Department in particular, if that
planning traffic study is not back before this Commission in January, as you
have said that that is when it is due, I am telling you that the first meeting
in February, I am making a motion to revert every bit of this back to its
original position. I'm telling you that. My concern from day one, prior to
asking for all of these studies was the protection of the residential
neighborhoods and traffic. That is my concern, it is still my concern.
Mr. Dawkins: Mr. Manager, I'd like to go back to the old way we were doing,
the first meeting of the month, we have regular Commission meetings and the
second Thursday of the month, we have zoning items. This is getting out of
hand.
Mr. Carollo: I agree with you. There is no way we can finish all the items
on the agenda this way.
Mr. Odio: Well, I will do that and I want to do that. I reject items, but
you have to tell... it has to come from both sides. If I get insisted...
Mr. Dawkins: Well, I will only... I mean, let's go back to the original way
of planning, second Thursday, the regular Commission meeting the first
Thursday.
Mr. Odio: Yes, sir.
Mr. Plummer: But you have got to do it in a fashion that you don't defer all
also.
Mayor Suarez: Did we take a vote on 13?
252 July 23, 1987
88. SECOND READING ORDINANCE: PROVIDE PROCESSING OF CLUSTER HOUSE
APPLICATIONS WHICH WERE ON FILE BEFORE EFFECTIVE DATE OF LEGISLATION
REPEALING SAME.
Mr. Pierce: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Pierce: With all due respect, item number 17 is the one that would have
brought back into the cluster people that got caught in that trap. The people
have been waiting since January for that and it is on second reading tonight.
Mr. Plummer: What is it?
Mr. Pierce: Item 17.
Mr. Plummer: What is it about?
Mr. Dawkins: Move 17, whatever it is.
Mrs. Kennedy: I move it, it is a grandfather clause.
Mr. Plummer: What is it?
Mr. Pierce: It is a grandfather on the clusters.
Mr. Plummer: Whoal Whoal No, nol
Mr. Dawkins: No, nol
Mr. Plummer: No, no.
Mr. Olmedillo: If I may.
Mr. Plummer: With the grandfathering of the three applications?
Mr. Pierce: That's the one...
Mr. Olmedillo: Right.
Mr. Plummer: Which we agreed upon?
Mr. Olmedillo: Right.
Mr. Plummer: There is two?
Mr. Pierce: I think there is...
Mr. Olmedillo: There is three.
Mr. Pierce: Three.
Mr. Plummer: How many are there?
Mr. Pierce: Three.
Mr. Olmedillo: Three.
Mr. Plummer: Now, it grandfathers their right to have a hearing.
Mr. Pierce: Right, to go through the process.
Mr. Plummer: It does not grant the cluster housing.
Mr. Pierce: No, it grants the right to go through the process.
Mr. Plummer: Ah yes, that I am for.
253 July 23, 1987
Mrs. Kennedy: Yes, second.
Mr. Plummer: No, that isn't what he said.
Mr. Rodriguez: Wait, in addition to that, any other project that will be
caught in the process.
Mr. Plummer: The what?
Mrs. Dougherty: It doesn't apply just cluster housing. It is an omnibus
bill.
Mr. Rodriguez: Any other project.
Mr. Pierce: Sergio, hold it, let's back up.
Mr. Rodriguez: it is a grandfather clause.
Mr. Pierce: No, no, it is not grandfathered. It is not. What it really
does, is says for the first time, we have it on the books, that if a project
is in the process and a law is repealed that it let's it stay alive until it
runs its due course. It still does not guarantee that they will get what they
are going after, but it doesn't kill them automatically like we did when we
rebuilt the cluster ordinance.
Mr. Dawkins: So move.
Mrs. Kennedy: Second.
Mr. Rodriguez: That is what I meant.
Mayor Suarez: Moved and seconded.
Mr. Pierce: Well, it is not a grandfather.
Mr. Plummer: I don't know if I am in favor of that.
Mr. Pierce: Yes, you are.
Mrs. Dougherty: It is your ordinance.
Mr. Plummer: Don't tell me what I am in favor of.
Mrs. Dougherty: Your proposalt
Mayor Suarez: Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mayor Suarez: Call the roll.
Mr. Dawkins: Now, each application has to come separately before this
Commission and we act on it, is that correct?
Mr. Pierce: No, clusters were done by a class E process, and it gives them
the right to the class C, which can be appealed to the Zoning Board, which is
appealable to the City Commission.
Mr. Plummer: Well, let me understand for the record...
Mr. Pierce: They more than likely will get here.
Mr. Dawkins: But each time it has to come before us, or just like that one
case I know we got out here, where you gave this gentlemen the permit, I mean,
you took his money and we didn't give him a permit. Now, each one would have
to come before this Commission to be heard separately.
Mr. Plummer: No.
Mr. Dawkins: We are not saying we are passing everything.
254 July 23, 1987
r
Mr. Olmedillo: The way the process is, you go through a class E process,
which is an administrative permit and then if it is appealed, it comes to
you. If it is not appealed, you will not see it.
Mr. Plummer: But this is not what we were talking about. All we were trying
to establish was that there were two or three applications for cluster housing
prior to the change of the ordinance.
Mr. Olmedillo: That is correct.
Mr. Plummer: We spoke to allowing those people to proceed through the
process.
Mr. Olmedillo: Right.
Mr. Plummer: No others...
Mr. Olmedillo: Right.
Mr. Dawkins: And the citizens can bring in here as well as anybody else, that
is what I am trying to do, that is all, OK. That is all I want to hear.
Mr. Plummer: The same process as before.
Mrs. Dougherty: That's exactly what it is, but it applies to every time there
is a zoning law that repeals and you've got permits.
Mr. Plummer: Call the roll.
Mayor Suarez: Call the roll on PZ-17.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 3405 ENTITLED "STATUS OF BUILDING
PERMITS OR CERTIFICATES OF USE ISSUED PRIOR TO
ADOPTION OR AMENDMENT OF ORDINANCE." BY ADDING A NEW
SUBSECTION 3405.3 ENTITLED "STATUS OF APPLICATIONS FOR
DEVELOPMENT PERMITS"; PROVIDING FOR THE ACCEPTANCE AND
PROCESSING OF ALL APPLICATIONS FOR DEVELOPMENT PERMITS
PROPERTY ON FILE WITH THE CITY ON OR BEFORE THE
EFFECTIVE DATE OF ANY LEGISLATION REPEALING OR
MODIFYING REGULATIONS WHICH ALLOW THE REQUESTED
ACTIVITY; PROVIDING GUIDELINES AND DEFINITIONS;
PROVIDING FOR RETROACTIVE EFFECTIVE DATE; AND,
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading by title at the meeting of May 28, 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. 10313.
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.
255 July 23, 1987
99. CONTINUE ALL ITEMS NOT CONSIDERED ON THIS DATE TO MEETING OF SEPTEMBER
22, 1981.
Mayor Suarez: Wait, I need to move all the items to be continued to the
second meeting of September, right?
Mr. Dawkins: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion?
Mr. Sanford Cohen: Excuse me, Mr. Mayor.
Mayor Suarez: Sir, you are out of order. Call the roll.
Mr. Cohen: I have a point of order.
Mayor Suarez: You are out of order. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 87-764
A MOTION CONTINUING ALL AGENDA ITEMS NOT CONSIDERED BY THE
COMMISSION ON THIS DATE TO THE MEETING PRESENTLY SCHEDULED
FOR SEPTEMBER 22, 1987.
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
NOTE FOR THE RECORD; MR. SANFORD COHEN COMPLAINED THAT ITEM 29 WAS NOT HEARD.
THERE BBING NO FURTHER ZUSIIMSS TO COME BEFORE THE CnT
COMMISSION, THE MEETING WAS ADJOURNED AT 9:30 P.M.
ATTEST:
!Natty Birai
CITY CLERK
Walter J. Foeman
•SSISTANT CITY CLERK
Xavier L. Suarez
M•TOA
* 1 NCORY
of
r
LRATED
W E " •
, 1987