HomeMy WebLinkAboutCC 1986-12-11 Minutes,CITY OF MIAMd
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* 1NCORPIORATEI)
18 R 96
OF MEETING HELD ON
DECEMBER 11, 1986
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
-v v
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
DECEMBER 11, 1986
-----------------------------------------------------------------
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
-----------
NO.
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1.
-----------------------------------
CONDOLENCES: TO FAMILY AND FRIENDS
R-86-965
1-2
OF MAYOR EDWARD KING - EXPRESS
12/11/86
SOLIDARITY WITH MOUNT PLEASANT
COUNCIL MEMBERS JOANN SANKEY AND
RONALD DUPREE.
2.
ANNOUNCE RETIREMENT OF FIRE CHIEF,
DISCUSSION
2-3
KEN McCULLOUGH - INTRODUCE NEWLY
12/11/86
APPOINTED FIRE CHIEF C.H. DUKE.
3.
WAIVE FEES FOR USE OF COCONUT GROVE
M-86-966
3-5
EXHIBITION CENTER BY COCONUT GROVE
12/11/86
CARES, INC. FOR ANTIQUE SHOW.
4.
PROVIDE CITY SURPLUS MOTORCYCLES
M-86-967
6-7
AS GRANT TO THE DOMINICAN REPUBLIC
12/11/86
AS PART OF SISTER CITY PROGRAM.
5.
DISCUSSION ITEM: BURGLAR ALARMS.
DISCUSSION
7
12/11/86
6.
ALLOCATE MONIES IN SUPPORT OF FILM
R-86-968
7-8
INDUSTRY RELATED SEMINARS - EXECUTE
12/11/86
AGREEMENT WITH FILM SOCIETY OF
MIAMI, INC.
7.
EMERGENCY ORDINANCE: AUTHORIZE
ORDINANCE
9-11
ISSUANCE OF SUBORDINATED PARKING
10186
SYSTEM REVENUE BONDS ($2,000,000)
12/11/86
FOR CONSTRUCTION OF PUBLIC PARKING
FACILITIES.
8.
AUTHORIZE SALE OF $2,000,000
R-86-969
11-12
SURORDINATED PARKING SYSTEM REVENUE
12/11/86
BONDS, SERIES 1986; AWARD TO
WILLIAM R. WATTS AND NORTHERN TRUST
BANK.
9.
APPOINT MEMBERS TO BOARD OF
R-86-970
12-13
TRUSTEES OF CITY OF MIAMI GENERAL
12/11/86
EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST.
10.
CONSENT AGENDA.
13-15
12/11/86
10.1
ALLOCATE $50,000 FOR "THE 17TH
R-86-971
15
ANNUAL BUDWEISER UNLIMITED
12/11/86
HYDROPLANE REGATTA" AND ADDITIONAL
$25,000 FOR ESPN OR OTHER
TELEVISION COVERAGE.
10.2 AUTHORIZE EXTENSION OF TERM OF R-86-972
AGREEMENT WITH PRIEDE-SEDGWICK, 12/11/86
INC., FROM ONE YEAR TO TWO YEARS
FOR COMPREHENSIVE STORM SEWER
DRAINAGE MASTER PLAN; INCREASING
COMPENSATION TO $256,000.
10.3 AUTHORIZE EXECUTION OF AGREEMENT R-86-973
WITH ETLING PRODUCTIONS., FOR 12/11/86
MULTIPLE USE OF MIAMI MARINE
STADIUM FOR ONE YEAR..
10.4 AUTHORIZE AMENDMENT OF AGREEMENT R-86-974
DATED MARCH 21, 1985, WITH REAL 12/11/86
ESTATE RESEARCH CORPORATION IN
CONNECTION WITH SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT
PROJECT PHASE I, EXTENDING TERM OF
AGREEMENT AND INCREASING
COMPENSATION TO $24,500.
10.5 AUTHORIZE EXECUTION OF AGREEMENT R-86-975
WITH MOSES C. FLORENCE, AN 12/11/86
INDIVIDUAL, FOR PREPARATION OF
APPRAISALS OF PROPERTY IN SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT
PROJECT PHASE I AREA; $7,500.
10.6 AUTHORIZE TERMINATION OF AGREEMENT R - 8 6 - 9 7 6
DATED JULY 20, 1983, WITH SOUTH 12/11/86
FLORIDA ECONOMIC DEVELOPMENT
CORPORATION, INC., AUTHORIZE
COLLECTION OF PRINCIPAL AMOUNT OF
LOAN.
10.7 BID ACCEPTANCE - SAXON-NUCO R-86-977
CORPORATION FOR TWENTY (20) 12/11/86
FACSMILE MACHINES TO DEPARTMENT OF
MANAGEMENT & BUDGET - $35,780.00.
10.8 BID ACCEPTANCE - ALFRED LLOYD & R-86-978
SONS, INC. FOR N.W. 19 AVENUE 12/11/86
SANITARY SEWER REPLACEMENT
PROJECT - $84, 964.41.
10.9 BID ACCEPTANCE - TREE MASTERS, R-86-979
INC., $43,182.00; JUELLE, INC., 12/11/86
$28,272.00 - DEMOLITION OF
STRUCTURES - TO DEPARTMENT OF
BUILDING AND ZONING AT TOTAL
PROPOSED COST OF $71, 454.00.
10.10 BID ACCEPTANCE - POWER FEDERAL R-86-980
DETECTIVE BUREAU FOR FURNISHING 12/11/86
SECURITY GUARD SERVICE AT THE
MANUEL ARTIME COMMUNITY CENTER TO
THE DEPARTMENT OF COMMUNITY
DEVELOPMENT - $36,163.80.
10.11 ORDERING RESOLUTION - MORNINGSIDE R-86-981
HIGHWAY IMPROVEMENT H-4523. 12/11/86
10.12 AMEND SECTION 1 OF RESOLUTION 86- R-86-982
905 CONCERNING FUNDS FOR SETTLEMENT 12/11/86
OF CONDEMNATION PROCEEDINGS OF 21
PARCELS OF PROPERTY FOR OVERTOWN
URBAN INITIATIVES PROJECT.
15
16
16
16
17
17
17
17
18
18
18
10.13
ESTABLISH AND IMPLEMENT PERFORMANCE
R-86-983
18
AND BID BOND PROGRAM POLICY -
12/11/86
MINORITY AND FEMALE FIRMS;
PROCUREMENT OF GOODS AND SERVICES
AND CONSTRUCTION PROJECTS $200,000
OR LESS; RESCIND RESOLUTIONS 84-423
AND 84-873.
10.14
AUTHORIZE STREET CLOSURES FOR THREE
R-86-984
19
KINGS PARADE ON JANUARY 11, 1987.
12/11/86
10.15
AUTHORIZE STREET CLOSURES FOR 1986
R-86-985
19
KING MANGO STRUT PARADE AND
12/11/86
FESTIVAL, DECEMBER 18, 1986;
RESTRICT AREA TO RETAIL PEDDLERS.
10.16
AUTHORIZE STREET CLOSURES AND
R-86-986
19
TEMPORARY PEDESTRIAN MALL FOR 1987
12/11/86
COCONUT GROVE ART FESTIVAL,
FEBRUARY 14, 15 AND 16, 1987;
RESTRICT AREA TO RETAIL PEDDLERS;
PERMIT SALE OF BEER AND WINE.
10.17
PLAT ACCEPTANCE - LAINEY LANE
R-86-987
20
SUBDIVISION.
12/11/86
11.
ALLOCATE MONIES IN SUPPORT OF THE
R-56-988
20-21
"THE SUPER STARS FOR 1987"
12/11/86
12.
REQUEST CITY ATTORNEY TO DRAFT
DISCUSSION
22
ORDINANCE REJECTING PROPOSED
12/11/86
CONSTRUCTION OF JAILS WITHIN CITY
LIMITS.
13.
ALLOCATE FUNDS FOR CONTINUATION OF
R-86-989
22-24
SERVICES BY SPECIAL COUNSEL TO CODE
12/11/86
ENFORCEMENT BOARD.
14.
A. ALLOCATE $75,000 TO SENIOR
R-86-990
24-28
CENTERS OF DADE COUNTY, INC. FOR
M-86-990.1
HOME DELIVERED FOOD PROGRAM FOR
12/11/86
ELDERLY. B. REQUEST ADMINISTRATION
TO HAVE JEWISH HOMES AND HOSPITAL
FOR THE AGED, INC. EXPLAIN TO CITY
COMMISSION THEIR SERVICES TO CITY
RESIDENTS.
15.
AMEND ECONOMIC DEVELOPMENTS
R-86-991
29-30
AGREEMENT WITH (A) ALLAPATTAH
12/11/86
BUSINESS DEVELOPMENT AUTHORITY,
INC., AND (B) WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION -
EXTEND AGREEMENT AND ALLOCATE
ADDITIONAL FUNDS.
16.
DIRECT ADMINISTRATION TO IDENTIFY
M-86-992
30-31
$50,000 FOR DOWNTOWN BUSINESSMEN
12/11/86
ASSOCIATION FOR CRIME PREVENTION
PROGRAM IN DOWNTOWN MIAMI.
17.
DISCUSSION ITEM: DEFER RENEWAL OF
DISCUSSION
31-32
LEGISLATIVE LOBBYING TEAM CONTRACT.
12/11/86
18.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
33
OF PROPOSED ACCEPTANCE OF BID OF
12/11/86
INFORMATION MANAGEMENT OF
FLORIDA/CANON FOR RENTAL OF 3
MICROFILM/MICROFICHE READER
PRINTERS.
19.
BID ACCEPTANCE: TEMPTROL AIR
R-86-993
33-36
CONDITION, INC. - AIR CONDITIONING
12/11/86
MAINTENANCE FOR POLICE DEPARTMENT.
r_l
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
DESIGNATE SPECIAL ASSESSMENT
COLLECTIONS AS PLEDGE TO SECURE
SPECIAL OBLIGATION BONDS TO FUND
CAPITAL IMPROVEMENT PROJECTS IN
CITY PARKS (REPLACING PREVIOUS
PLEDGE OF BAYSIDE SPECIALTY CENTER
AND PARKING GARAGE)
A. FORWARD TO MIAMI CAPITAL
$1,000,000 (PREVIOUSLY EARMARKED
FOR MINORITY LOANS) IN CONNECTION
WITH THE BAYSIDE PROJECT. B.
ALLOCATE $17,167 TO SHARPTON
BRUNSON AND COMPANY, P.A. FOR
SERVICES IN CONNECTION WITH LOAN
PORTFOLIO AUDIT OF MIAMI CAPITAL
DEVELOPMENTS, INC.
WITHHOLD RELEASING LAND RIGHTS TO
DADE COUNTY REGARDING CONSTRUCTION
OF PROPOSED PORT OF MIAMI BRIDGE.
BEGIN ADVERTISING IN MIAMI NEWS
EXCEPT FOR THOSE ADS WHICH ARE
EXEMPTED BY THE CITY MANAGER.
AUTHORIZE MANAGER TO REQUEST
PROPOSALS FROM MINORITY AND WOMEN -
OWNED BANKS FOR ESTABLISHMENT OF
SPECIAL CITY BANK ACCOUNTS.
DISCUSSION REGARDING POLICE
VEHICLES, EARMARKED AS PATROL CARS
BUT ASSIGNED TO HIGHER RANKING
OFFICERS (SEE LABEL 031.)
PROCEED TO REFUND BONDS IN SUPPORT
OF THE CONVENTION CENTER AND
PARKING GARAGE.
DISCUSSION AND TEMPORARY DEFERRAL
OF PROPOSED EMERGENCY ORDINANCE
PLEDGING REVENUES FROM UTILITIES TO
THE SPORTS AUTHORITY TO SECURE
$10,000,000 NOTE. (SEE LABEL #35)
DISCUSSION AND DEFERRAL OF
AGREEMENT WITH FULLERTON AND
ASSOCIATES FOR PLANNING AND DESIGN
OF CONVERSION OF EXISTING RETAIL
SPACE AT CONVENTION CENTER.
DISCUSSION AND DEFERRAL OF PROPOSED
SECOND READING ORDINANCE OF
FINANCIAL DISCLOSURE REQUIREMENTS.
ENDORSE GENERAL ANTONIO MACEO
FOUNDATION INC. IN ITS FUND RAISING
EFFORTS FOR GENERAL ANTONIO MACEO
PARK. (SEE LABEL #10)
R-86-994
12/11/86
M - 8 6 - 9 9 5
R-86-996
12/11/86
M - 8 6 - 9 9 7
12/11/86
R-86-998
12/11/86
R-86-999
12/11/86
DISCUSSION
12/11/86
M-86-1000
12/11/86
DISCUSSION
12/11/86
DISCUSSION
12/11/86
M-86-1001
12/11/86
R-86-1002
12/11/86
DISCUSSION REGARDING POLICE PATROL DISCUSSION
CARE. (SEE LABEL #25) 12/11/86
32. SECOND READING
APPROPRIATIONS FOR
IMPROVEMENTS.
33. SECOND READING
ESTABLISH NEW FUND
BLIGHTED STRUCTURES
REVOLVING TRUST FUND."
ORDINANCE: ORDINANCE
CITY CAPITAL 10187
ORDINANCE: ORDINANCE
"UNSAFE AND 10188
DEMOLITION
36-40
41-47
47-49
50-52
52-55
56
57-62
63-68
68-69
69-79
79-83
84-88
88
88-89
34. REFER BACK TO ADMINISTRATION M-86-1003 89-91
PROPOSED FIRST READING ORDINANCE ON 12/11/86
SIDEWALK CAFES FOR MORE EQUITABLE
FORMULA FOR REVENUES TO BE DERIVED
BY CITY.
35. EMERGENCY ORDINANCE: PLEDGE ORDINANCE 91-95
REVENUES FROM UTILITY TAX TO SPORTS 10189
AUTHORITY TO SECURE $10,000 NOTE. 12/11/86
(SEE LABEL 027)
36. APPROVE MOTION TO DISMISS APPEAL OF M-86-1004 95-97
LITIGATION RELATED TO BRICKELLBANC. 12/11/86
37.
A- PLACE $1,000,000 FROM
M-86-1005
98-102
REIMBURSEMENT FROM METRO DADE
FIRST
COUNTY IN CONNECTION WITH SEWER
READING
IMPROVEMENTS INTO A RESERVE FUND;
12/11/86
B- FIRST READING ORDINANCE:
APPROPRIATING $586,261.64 MADE
AVAILABLE FROM SETTLEMENT WITH DADE
COUNTY OVER WATER AND SEWER
AUTHORITY AS A SPECIAL REVENUE
FUND.
38.
FIRST READING ORDINANCE: ESTABLISH
FIRST
102-103
NEW FUND "HISTORIC PRESERVATION:
READING
EDUCATION AND APPROPRIATING FUNDS
12/11/86
FOR SAME.
39.
FIRST READING ORDINANCE: ESTABLISH
FIRST
103-104
NEW FUND "HISTORIC PRESERVATION:
READING
BUENA VISTA" AND APPROPRIATING
12/11/86
FUNDS FOR SAME.
40.
FIRST READING ORDINANCE: ESTABLISH
FIRST
104-105
NEW FUND "HANDICAPPED DIVISION FUND
READING
RAISING PROGRAM" AND APPROPRIATING
12/11/86
FUNDS FOR SAME.
41.
FIRST READING ORDINANCE: CHANGE
FIRST
105-106
NAME OF FUND FROM "PRE-SCHOOL
READING
PROGRAM" TO "PRE SCHOOL PROGRAM -
12/11/86
CONSOLIDATED" AND APPROPRIATING
FUNDS FOR SAME.
42.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
106-107
OF PROPOSED FIRST READING ORDINANCE
12/11/86
APPROPRIATING FEDERAL URBAN
DEVELOPMENT ACTION GRANT FUNDS
(UDAG) TO CRUZ DEVELOPMENT CO. FOR
HOUSING COMPLEX ON PARCEL 24 OF
OVERTOWN/PARK WEST PROJECT (SEE
LABEL #87)
43.
FIRST READING ORDINANCE: ESTABLISH
FIRST
107-109
$200,000 FUNDING PROGRAM FOR 8
READING
COMMUNITY CULTURAL EVENTS
12/11/86
(FESTIVALS).
44.
DISCUSSION REGARDING LOAN FOR
DISCUSSION
109-110
COCONUT GROVE PLAYHOUSE: FURTHER
12/11/86
URGING MR. MITTLEMAN TO APOLOGIZE
FOR CERTAIN COMMENTS HE MADE. (ALSO
SEE LABELS #46 AND #48)
45.
ALLOCATE $3,200 TO "A MEXICAN
R-86-1006
110-111
CHRISTMAS IN THE GROVE"
12/11/86
(AEROMEXICO, INC.)
a
46.
CONTINUED DISCUSSION REGARDING LOAN
DISCUSSION
111-113
FOR COCONUT GROVE PLAYHOUSE;
12/11/86
FURTHER URGING MR. MITTLEMAN TO
APOLOGIZE FOR CERTAIN COMMENTS HE
i
MADE. (ALSO SEE LABELS #44 AND #48)
47.
ALLOCATE $150,000 TO 6 COMMUNITY
R-86-1007
113
i
CULTURAL EVENTS (FESTIVALS).
12/11/86
48.
CONTINUED DISCUSSION REGARDING LOAN
DISCUSSION
114
FOR COCONUT GROVE PLAYHOUSE;
12/11/86
FURTHER URGING MR. MITTLEMAN TO
APOLOGIZE FOR CERTAIN COMMENTS HE
MADE. (ALSO SEE LABELS #44 AND
#46).
49.
AUTHORIZE RENEGOTIATED COLLECTIVE
R-86-1008
114-115
BARGAINING AGREEMENT WITH GENERAL
12/11/86
EMPLOYEES UNION (AFSCME).
I 50.
$14,170.12 PAYMENT TO "REVIEW
R-86-1009
115-116
FINANCIAL PRINTERS" FOR PRINTING
12/11/86
AND DISTRIBUTION OF GENERAL
j
OBLIGATION BONDS.
i
51.
APPROVE EMERGENCY CONSTRUCTION OF A
R-86-1010
116
WALL AT FIRE STATION NO.5.
12/11/86
- 52.
EMERGENCY PROVISION OF CONSTANT
R-86-1011
117-119
ARMED SECURITY GUARD SERVICES FROM
12/11/86
FLOYD PROTECTION CORPORATION UNTIL
POLICE MINI -STATION IS RELOCATED TO
OVERTOWN SHOPPING CENTER.
- 53.
LONG DISCUSSION - INSTRUCT TO
M-86-1012
119-128
NEGOTIATE WITH VOLUME SERVICES INC.
12/11/86
FOR CONCESSION OPERATIONS AT THE
ORANGE BOWL AND MIAMI BASEBALL
STADIUM. (ALSO SEE LABEL #63)
54.
APPOINT JOSE SOLANA TO AFFIRMATIVE
R-86-1013
128-129
ACTION BOARD.
12/11/86
55.
DON BENJAMIN, JOHN GREEN AND OFELIA
R-86-1014
129-130
TABARES FERNANDEZ APPOINTED TO THE
12/11/86
PLANNING ADVISORY BOARD.
56.
GLORIA BASILA APPOINTED TO THE
R-86-1015
130-132
ZONING BOARD; FURTHER DIRECTING TO
M-86-1015.1
READVERTISE FOR NEW APPLICATIONS TO
12/11/86
PENDING APPOINTMENTS.
57.
DEFER CONSIDERATION OF APPOINTMENTS
DISCUSSION
132-133
TO THE MIAMI RIVER COORDINATING
12/11/86
COMMITTEE.
58.
INCREASE CONTRACT WITH WILLIAM
R-86-1016
133-136
PAVING COMPANY FOR DOWNTOWN HIGHWAY
12/11/86
IMPROVEMENT PHASE I.
59.
PUBLIC HEARING - AUTHORIZE REQUEST
R-86-1017
136-167
FOR PROPOSALS (RFP) FOR FULL
12/11/86
SERVICE BOAT YARD FACILITY AT 2640
SOUTH BAYSHORE DRIVE (PRESENTLY
MERRILL STEVENS).
60.
URGE DADE COUNTY TO BUILD NO MORE
R-86-1018
168-169
JAILS WITHIN MIAMI CITY LIMITS (SEE
12/11/86
LABEL #12)
61.
ARTHUR TEELE'S LAW FIRM SELECTED AS
M-86-1019
170-172
CITY'S LEGISLATIVE CONSULTANT
12/11/86
(LOBBYIST) (SEE LABEL #17)
62.
ALLOCATE $54,000 FOR THE BAKEHOUSE
M-86-1020
172-174
ART COMPLEX INC.
12/11/86
63.
EXECUTE AGREEMENT WITH VOLUME
R-86-1021
174-176
SERVICES INC. FOR CONCESSION
12/11/86
OPERATIONS AT ORANGE BOWL STADIUM
AND MIAMI BASEBALL STADIUM. (SEE
LABEL #17).
64.
PLACE A DIAMOND VISION SCREEN IN
M-86-1022
176-177
THE END ZONE OF THE ORANGE BOWL ON
12/11/86
ORANGE BOWL GAME DAY.
65.
DISCUSSION CONCERNING NATIONAL
DISCUSSION
177-178
BODYBUILDING CHAMPIONSHIPS.
12/11/86
66.
DISCUSSION CONCERNING CLAUGHTON
DISCUSSION
179-181
ISLAND AFFORDABLE HOUSING SITES.
12/11/86
67.
ALLOCATE $5,000 FOR 1986 MIAMI
R-86-1023
182-186
CONGRESSIONAL WORKSHOP.
12/11/86
68.
FORWARD TO PLANNING AND ZONING
M-86-1024
186-194
BOARDS TWO PROPOSALS FOR AFFORDABLE
12/11/86
HOUSING ON MELROSE NURSERY SITE.
69.A
AUTHORIZE USE OF CIVIC CENTER SITE
R-86-1025
195-197
FOR AFFORDABLE HOUSING.
12/11/86
69.B
REFER BACK TO ADMINISTRATION TWO
M-86-1026
198-200
PROJECTS FOR AFFORDABLE HOUSING AT
12/11/86
CIVIC CENTER SITE.
70.
ALLOCATE $5,000 FOR MARTIN LUTHER
R-86-1027
200-205
KING DAY PARADE.
12/11/86
71.
DENY FUNDS FOR "LIBERTY PROJECT"
M-86-1028
205-207
(MAIN LIBRARY).
12/11/86
72.
ACCEPT BID: INFORMATION MANAGEMENT
R-86-1029
208
OF FLORIDA/CANON FOR RENTAL OF
12/11/86
MICROFILM EQUIPMENT. (ALSO SEE
LABELS #10 AND #18).
73.
URGE OVERTOWN ADVISORY BOARD TO
R-86-1030
208-212
SEEK FUNDING FOR "ONE DAY OVERTOWN
12/11/86
COMMUNITY CONFERENCE" THROUGH MIAMI
METRO ACTION PLAN (MMAP).
74.
DISCUSSION BY PRENTICE RASHEED OF
DISCUSSION
212-220
THE EDISON MERCHANTS' ASSOCIATION
12/11/86
(LICENSES, FEES, ETC.)
75.
DENY FUNDS FOR WATTS -UP, INC. FOR
M-86-1031
220-222
"MIAMI MUSIC CELEBRATION."
12/11/86
76.
SECOND READING ORDINANCE: PROVIDE
ORDINANCE
222
THAT COMMISSION ACTIONS PERTAINING
10190
TO ZONING SHALL NOT BE RECONSIDERED
12/11/86
SUBSEQUENT TO FIRST REGULARLY
SCHEDULED COMMISSION MEETING
FOLLOWING DATE OF SAID ACTION.
77.
CONFIRM ORDERING RESOLUTION FOR
R-86-1032
223
CONSTRUCTION OF EAST LITTLE HAVANA
12/11/86
HIGHWAY IMPROVEMENT PHASE II.
78.
CLARIFY ORDERING RESOLUTION FOR
R-86-1033
223-225
CONSTRUCTION OF EAST LITTLE HAVANA
12/11/86
HIGHWAY IMPROVEMENT PHASE II.
79.
APPROVE IN PRINCIPLE THE DUPONT
AREA REDEVELOPMENT PLAN.
80.
SECOND READING ORDINANCE: CHANGE
DESIGNATION OF APPROXIMATELY 3960-
3998 W. FLAGLER STREET FROM
MODERATE -HIGH DENSITY RESIDENTIAL
TO GENERAL COMMERCIAL.
81.
SECOND READING ORDINANCE: CHANGE
ZONING AT APPROXIMATELY 3900-3998
W. FLAGLER STREET FROM RG-2/5 AND
RS-2/2 TO CR-2/7.
82.
SECOND READING ORDINANCE: AMEND
"OFF-STREET PARKING REQUIREMENTS"
PERTAINING TO OFF-STREET VALET
PARKING, ETC.
83.
SECOND READING ORDINANCE: PROHIBIT
ANY FUTURE CONSTRUCTION OF CLUSTER
HOUSING.
84.
SECOND READING ORDINANCE: AMEND
ORDINANCE 9500 TO ADD NEW SECTION
HC-5: COMMERCIAL -RESIDENTIAL
HERITAGE CONSERVATION OVERLAY
DISTRICT.
85. FIRST READING ORDINANCE: CHANGE
DESIGNATION OF AREA GENERALLY
BOUNDED BY S.W. 1 ST., S.W. SOUTH
RIVER DRIVE, S.W. 2 STREET & S.W. 5
AVENUE FROM MODERATE -HIGH DENSITY
RESIDENTIAL AND GENERAL COMMERCIAL
TO SPECIAL USE.
86. DISCUSSION AND TEMPORARY DEFERRAL
REGARDING PROPOSED FIRST READING
ORDINANCE TO REGULATE HOUSEBOATS.
87. FIRST READING ORDINANCE:
APPROPRIATE FEDERAL URBAN
DEVELOPMENT ACTION GRANT FUNDS
(UDAG) TO CRUZ DEVELOPMENT COMPANY
FOR AFFORDABLE HOUSING IN PARCEL 24
OF OVERTOWN/PARK WEST. (ALSO SEE
LABEL #42)
88. EXECUTE AGREEMENT WITH U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR URBAN
DEVELOPMENT ACTION GRANT (UDAG) FOR
CRUZ DEVELOPMENT COMPANY TO
CONSTRUCT AFFORDABLE HOUSING ON
PARCEL 24 OF OVERTOWN/PARK WEST.
R-86-1034
12/11/86
ORDINANCE
10191
12/11/86
ORDINANCE
10192
12/11/86
ORDINANCE
10193
12/11/86
ORDINANCE
10194
12/11/86
ORDINANCE
10195
12/11/86
FIRST
READING
12/11/86
DISCUSSION
12/11/86
FIRST
READING
12/11/86
R-86-1035
12/11/86
89. FIRST READING ORDINANCE: FIRST
APPROPRIATE FEDERAL URBAN READING
DEVELOPMENT ACTION GRANT FUNDS 12/11/86
(UDAG) FOR CAN-AMERICAN REALTY FOR
AFFORDABLE HOUSING ON PARCEL 37 OF
OVERTOWN/PARK WEST.
90. EXECUTE AGREEMENT WITH U.S. R-86-1036
DEPARTMENT OF HOUSING AND URBAN 12/11/86
DEVELOPMENT (HUD) FOR URBAN
DEVELOPMENT ACTION GRANT (UDAG) TO
CAN-AMERICAN REALTY FOR AFFORDABLE
HOUSING ON PARCEL 37 OF
OVERTOWN/PARK WEST.
225-229
230-234
234-235
235-236
237-239
239-240
240-241
241-259
259-260
261
262
263
91.
GRANT CITY CLERK AND ASSISTANT CITY
R-86-1037
CLERK A SALARY INCREASE.
R-86-1037.1
12/11/86
92.
FIRST READING ORDINANCE: AMEND
FIRST
ORDINANCE 9500 TO ADD NEW SECTION
READING
11SPI-18 LITTLE RIVER CANAL -GROVE
12/11/86
PARK OVERLAY DISTRICT"
(HOUSEBOATS). ALSO SEE LABEL #86.
93.
TRANSMIT PROPOSED AMENDMENTS TO THE
R-86-1038
MIAMI COMPREHENSIVE NEIGHBORHOOD
12/11/86
PLAN TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS.
94.
FIRST READING ORDINANCE: CHANGE
FIRST
DESIGNATION OF AREA BOUNDED BY
READING
BISCAYNE BLVD AND SOUTH LITTLE
12/11/86
RIVER CANAL FROM LOW DENSITY
RESIDENTIAL, MODERATE -HIGH DENSITY
RESIDENTIAL, RESIDENTIAL -COMMERCIAL
AND RESTRICTED COMMERCIAL TO
SPECIAL USE.
95.
FIRST READING ORDINANCE: APPLY
FIRST
SPI-18 LITTLE RIVER CANAL/GROVE
READING
PARK OVERLAY DISTRICT TO AREA
12/11/86
BOUNDED BY BISCAYNE BOULEVARD AND
SOUTH LITTLE RIVER CANAL.
96.
FIRST READING ORDINANCE: AMEND
FIRST
OFFICIAL SCHEDULE OF DISTRICT
READING
REGULATIONS.
12/11/86
97.
FIRST READING ORDINANCE: ADD NEW
FIRST
SECTION "CBD STORAGE FACILITY."
READING
12/11/86
264-265
265-270
271
272-273
273
274
275-276
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the llth day of December, 1986, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida, in regular session.
The meeting was called to order at 9:08 O'Clock A.M. by Mayor Xavier
Suarez with the following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Vice -Mayor J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
An invocation was delivered by Mayor Xavier Suarez and Vice -Mayor J. L.
Plummer, Jr., then led those present in a pledge of allegiance to the flag.
1. CONDOLENCES: TO FAMILY AND FRIENDS OF MAYOR EDWARD KING - EXPRESS
SOLIDARITY WITH MOUNT PLEASANT COUNCIL MEMBERS JOANN SANKEY AND RONALD
DUPREE.
Mr. Plummer: Mr. Mayor, I think it would be appropriate that this Commission
go on record expressing its sorrow and dismay of what we saw this morning on
television in Mount Pleasant, Iowa.
Mr. Odio: Oh, yes.
Mr. Plummer: The unfortunate incident in which someone came into the
chambers, shot and killed the Mayor and two Commissioners. I think it only
appropriate that this Commission go on record in sympathy with our colleagues
out there, and that the appropriate resolution be drawn to send to them, in
solidarity with them at their loss this morning.
Mayor Suarez: I'll entertain a motion to that effect.
Mr. Plummer: I so move.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Call the roll.
1 December 11, 1986
i
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-965
A RESOLUTION EXTENDING DEEPEST SYMPATHY OF THE CITY
COMMISSION ON BEHALF OF THE CITY OF MIAMI, FLORIDA, AND
ITS CITIZENS TO THE FAMILY AND FRIENDS OF MAYOR EDWARD
KING OF MOUNT PLEASANT, IOWA, WHO WAS KILLED WHILE
PERFORMING HIS PUBLIC DUTIES; ALSO EXPRESSING SOLIDARITY
WITH MOUNT PLEASANT COUNCIL MEMBERS JOANN SANKEY AND
RONALD DUPREE WHO WERE WOUNDED IN YESTERDAY'S TRAGIC EVENT
IN THAT 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 Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Suarez: We will provide whatever correspondence, or proclamations, or
anything that will symbolize our feeling of grief as a City.
NOTE FOR THE RECORD: At this point, the minutes of the Commission meeting of
July 24, 1986, were approved.
NOTE FOR THE RECORD: Commissioner Miller J. Dawkins entered the meeting at
9:11 o'clock A.M.
2. ANNOUNCE RETIREMENT OF FIRE CHIEF, KEN McCULLOUGH - INTRODUCE NEWLY
APPOINTED FIRE CHIEF C. H. DUKE.
Mayor Suarez: Mr. City Manager, I believe you have an announcement.
Mr. Odio: Yes, sir, thank you, Mr. Mayor. The City of Miami Fire Chief, K(,an
McCullough, Director of the Department of Fire and Rescue and Inspection
Services, today announced his retirement, I'm sad to say. Chief McCullough
has been very good for the City of Miami, and I told him this in private.
We're going to miss him. His retirement is effective January the 4th, 1987.
He has been in the department a long, long time. They are going to miss him.
As I met with all the division chiefs, I could see the teamwork, and the
respect that they have for each other in that department. So, I want to say
that it was very hard for me to find somebody to replace Ken, because they're
all entitled to be fire chief. Unfortunately, only one can be, and I decided
that it would be Chief C. H. Duke, the new Director, who will become effective
January the 4th. Chief Duke is here. I don't know if, Ken, do you want to
say something?
Mr. Ken McCullough: Please.
Mayor Suarez: Before you say something, Chief. So everyone knows, you took
over, and you have left the department - you will have left the department -
2 December 11, 1986
1b
0
as one of the best departments in the entire nation, with the highest rating
available. We are about to be rated, I believe, within the next year. But
you might want to make reference to that.
Mr. McCullough: Thank you. The Miami Fire Department has been a Class 1 fire
department since the mid-60's, and the City of Miami residents and businesses
enjoy the lowest insurance ratings that are available. I'd like to thank the
City for providing me with the opportunity to earn a good living and security
for my family, and the many lifelong friendships which my wife and I both
cherish. When I came to work for the Miami Fire Department in 1952, Henry
Chase(?) was still the Fire Chief, and he was the first paid fireman in the
City of Miami, and the first paid fire chief. The tallest building in the
City of Miami was the Courthouse, and Brickell Avenue was lined with million -
dollar estates. I came to work for $250 a month, and worked 72 hours a week.
And it was kind of easy back then to know when to work, go to work, and when
to go home, because if you woke up at home you knew you had to go to work, and
you woke up at work, you knew you got to go home, because we worked on one day
and off one day. I can remember, my first paycheck was $99 every two weeks.
Since then, we've come a long way. You could retire at 65 in those days, and
I'm sure the whole world must envy me, at 52 years old, to be able to retire
with the security that I have, even though it's very bittersweet for me,
because this has been my life. I'd like to thank the Manager for the nice
things you've said, and the confidence you've had in me. I think we made a
good team. I'd like to thank the Commission for their support, and J.L. for
his friendship for many, many years. And I'd like to thank the staff for
their loyalty. I'm going to miss you, but the Fire Department will not change
one bit when I'm gone, because the staff has been prepared for many, many
years to run the organization, with the Chief being the main executive and the
person that sets the policies. Thank you very much.
Mayor Suarez: Thank you, Chief.
(Sustained Applause)
Mr. C. H. Duke: As the new appointed Fire Chief, soon to be appointed, I
would like to recognize Chief McCullough's wife, Renee(?) (Applause), and my
family. This is a proud day for me.
Mayor Suarez: You're a pretty tall fellow, Colonel. Can you raise that mike
there?
Mr. Duke: First, I'd like to thank the City Manager, the Mayor, City
Commission, for giving me the opportunity to serve as the Fire Chief of the
best fire department in the greatest City in the world. I want to thank my
family for their support throughout my career. Fire service has started a
change, after many years of solid tradition. It's my desire to take advantage
of the best of those changes, and continue the team effort created by those
that have preceded me. Thank you very much.
(Applause)
Mayor Suarez: We can see you're a man of few words and many deeds. Something
we need more around the City.
3. WAIVE FEES FOR USE OF COCONUT GROVE EXHIBITION CENTER BY COCONUT GROVE
CARES, INC. FOR ANTIQUE SHOW.
Mayor Suarez: I see the representative of Coconut Grove Cares back there.
Would you approach the mike, and see if we can get your problem resolved? Mr.
City Manager, I know we had instructed you to try to work into the Law
Enforcement Trust Fund monies for the various boxing programs, to see if that
could be used for Coconut Grove Cares. I understand you have all kinds of
problems with that concept. Are you prepared to make a recommendation that we
waive the fees for the use of the facility by Coconut Grove Cares, at least so
that they can continue functioning with their program, which I know is in dire
need?
3 December 11, 1986
1b 4
Mr. Odio: Since it is not an out-of-pocket expense, since they will be using
the auditorium on days that they are not normally rented, and they have agreed
that they will pay for the labor expenses that the show incurs, I would
recommend that you waive the fees for the Antique Show. But that has nothing
to do with the boxing program.
Mayor Suarez: You need Commission approval for that?
Mr. Odio: Yes.
Mayor Suarez: 7 so move.
Mr. Dawkins: Wait, hold it ... OK, it's been moved.
Mrs. Kennedy: I second.
Mr. Dawkins: Under discussion.
Mr. Plummer: Under discussion.
Mr. Dawkins: If the proceeds from waiving the rental on the facility is not
going to the boxing program, where is it going?
Mr. Odio: I believe it's going to fund the Coconut Grove Cares programs. We
are ... I have not been told to change our plans to have the Police Department
continue on with seeing if we can do the boxing program, unless you clarify
that for me; but I feel that...
Mayor Suarez: If there's any possible way to use the Law Enforcement Trust
Fund monies for the boxing segment of their program, you're going to try to
keep doing that?
Mr. Odio: You approved a budget of $100,000, and I instructed the Police
Department...
Mr. Plummer: No, sir, we approved $125,000.
Mayor Suarez: I thought it was a hundred, but...
Mr. Plummer: A hundred and twenty-five.
Mr. Odio: Whatever you... Yeah, OK, I don't...
Mr. Dawkins: All right. Well, if you're giving them 125...I mean, I just ... I
need clarification.
Mr. Odio: Yes, sir.
Mr. Dawkins: All right? Because I'm already on Mrs. Virrick's list; I can't
get no higher on it, so I have no problem with that. But what I need to know
is, when they were down here, they wanted assistance with the boxing program.
Now, that's what they stood up here and asked for. That's what they got last
year, that's what they got the year before, and that's what they asked for
now. But instead of assisting the boxing program, you're telling me you're
going to waive the fees for the money to do something else. I don't know what
you're doing.
Mr. Odio: We are...
Mr. Plummer: Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Dawkins: Yeah, go right ahead, Mr. Coats.
Mr. Collie Coats: Mr. Miller.
Mr. Dawkins: Pull it pull up the... pull it up.
Mr. Coats: Mr. Miller and Commissioners. Name Collie Coats, Assistant
Director for Coconut Grove Cares. In the past, over the past years, funds,
the majority of the proceeds from the Antique Shows, have been going for
4 December 11, 1486
1
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counselors, job developers, and after -school programs, not the boxing. A
small percentage, in the past, has been going for the boxing program, not the
majority, of those funds that was waived. And we have statistics, but we
didn't have time to go over those; but in recent years, the majority of our
funds, proceeds from the Antique and Jewelry Show, has been going to sponsor
the other programs of the agency, which are number one and number two in the
County.
Mr. Dawkins: OK, you and I, you see, have been through this.
Mr. Coats: Yes.
Mr. Dawkins: You and I have said that because of the Federal cuts and etc.,
we needed more money to operate Coconut Cares.
Mr. Coats: Correct.
Mr. Dawkins: So I have never been against helping Coconut Grove Cares, right?
Mr. Coats: I understand.
Mr. Dawkins: But I've said over and over, it don't make sense for the City of
Miami to have a boxing program, that we're funding, to operate and keep
youngsters out of the streets, and something to do, and then have Coconut
Cares taking money that they could be providing social services to the
agencies that we talked about needed it.
Mr. Coats: Correct.
Mr. Dawkins: And we just —so, that's all I need cleared up. If that's what
you're doing. I mean, we never would have had the argument to begin with.
Mr. Odio: Commissioner, yes, and we'll bring you a program in January from
the Police Department that includes Coconut Grove kids and boxing.
Mr. Plummer: Motion understood? Any further discussion? Hearing none, call
the roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 86-966
A MOTION GRANTING REQUEST RECEIVED FROM COCONUT GROVE
CARES AND DIRECTING THE ADMINISTRATION TO WAIVE USER FEES
AT COCONUT GROVE EXHIBITION CENTER IN CONNECTION WITH THE
HOLDING OF THE ANTIQUE SHOW.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adapted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Suarez: Thank you.
Mr. Coats: Thank you.
5 December 11, 1986
t------------------------------------------------------------------------------
4. PROVIDE CITY SURPLUS MOTORCYCLES AS GRANT TO THE DOMINICAN REPUBLIC AS
PART OF SISTER CITY PROGRAM.
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, I have two items to bring up, if I may. The first
one is, under the Sister City kind of program, to repay a long and
outstanding, we have had a request from Dominican Republic for surplus
motorcycles. In checking with the administration, they do have the small
motors, which have been declared surplus, and I would ask, at this time, that
this City Commission grant to the program no less than six, no more than ten,
of these motors for that program, to be sent down.
Mayor Suarez: Was that for the capital, or was that for San Pedro Macoriz(?)?
Mr. Plummer: For the capital. I so move.
(INAUDIBLE SECOND)
Mayor Suarez: Moved, seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-967
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO
MAKE AVAILABLE NO LESS THAN SIX AND NO MORE THAN TEN
MOTORCYCLES WHICH THE CITY MAY CARRY AS SURPLUS AS A GRANT
TO THE DOMINICAN REPUBLIC, UNDER THE SISTER CITY PROGRAM.
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: Mr. Mayor.
Mayor Suarez: Let me just clarify one thing. I've had a pending request, I
think I refer to you, as the chairman of the Sister Cities, from the City of
Guatemala, which is not a Sister City.
Mr. Plummer: Yes, sir.
Mayor Suarez: What would we have to do to include them in that program, so
that they can be beneficiaries? I think they want solid waste equipment - I
forget, trucks or something.
Mr. Plummer: Mr. Mayor, it's very simple. The policy of this Commission at
the present time - it has been for the past five or six years - is that a
member of this Commission has to sponsor that particular city. He is then
responsible for all of the activities of that Sister City program. And it's
just a matter of getting a local committee here, and a local committee in the
city designated. They get it together, and apply to Washington for the
charter, which is a very simple thing to do.
Mayor Suarez: Your office knows how to do all that, I presume.
Mr. Plummer: Oh yeah, sure.
Mayor Suarez: And you would help us with it.
Mr. Plummer: Yeah.
6 December 11, 1986
Mayor Suarez: Thank you.
5. DISCUSSION ITEM: BURGLAR ALARMS.
Mr. Plummer: Mr. Mayor, the other item, that I'm not going to really go into
at this time, but I think we need to address: Mr. Manager, we have a very
fine burglar alarm ordinance, which I think has gone a long way to accomplish
a lot of things. It has done everything but one thing, and boy, in my
neighborhood - I don't know if you heard it at your house, but over this
weekend, there is no provision for anyone who refuses, or for whatever reason,
doesn't get an alarm turned off. It is bothersome, it is irritating, it is
horrible. I want to tell you that our neighborhood, this weekend, we had a
burglar alarm that went off, I think on Saturday morning, and Sunday night was
still going. I think that, Mr. Mayor...uh, Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Plummer: I would ask you to try to find a solution. I'm not looking for
fines, or whatever it is, but a solution in which the peace and tranquillity
of a neighborhood - and I know it's not just ours, it's others - can be
arrived at, whether it's having the security company mandated to have a key to
go turn it off, if the thing is in...without a burglary, but something has got
to be done, because these alarms are getting louder and louder and louder.
And I would just ask you to come back to this Commission, as an amendment to
that ordinance, in some way to alleviate the problems that are being incurred
by these things not being turned off. And that's ... Mr. Mayor, I'll leave it
at that.
Mayor Suarez: Do you need any Commission action?
Mr. Plummer: No, sir, I'm just asking the Manager to come back with a
solution, if possible.
Mayor Suarez: OK. So instructed.
6. ALLOCATE MONIES IN SUPPORT OF FILM INDUSTRY RELATED SEMINARS - EXECUTE
AGREEMENT WITH FILM SOCIETY OF MIAMI, INC.
Mrs. Kennedy: Mr. Mayor, I have another item that I'd like to bring up at
this time. At the November 26...
Mayor Suarez: These are all emergency items, you understand. No pocket
items.
Mrs. Kennedy: At the November 26th Commission meeting, the City allocated
$50,000 in support of the Film Society. At that time, there was an additional
request, which was pulled out for further clarification. At this point, the
Film Society has passed a proposal to coordinate a series of seminars to
promote the film industry in our City. One of the most important things is a
film market study, whereby experts throughout the world would be invited to
design a film market in Miami. I therefore would like to pass "a resolution
allocating an amount not to exceed $50,000 from City-wide Economic Development
funds, included in fiscal year 186-187, Department of Development budget, in
support of a series of film industry -related seminars in the City of Miami,
during February 6th through the 15th, 187; further authorizing the City
Manager to execute an agreement in a form acceptable to the City Attorney,
with the Film Society of Miami, Inc., in order to implement the herein
allocation," and I so move.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
7 December 11, 1986
C
4
Mayor Suarez: Seconded. Any discussion? Call the roll.
Mr. Plummer: Yes, sir. Let me speak to the motion, Mr. Mayor.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: I don't know how many of you saw "This Week" in which one of the
major studios in California unfortunately announced that they're going to
Orlando. They are spending over $200,000,000 to establish a first-class
studio in Orlando. There is no question in my mind that that trend will
continue, because we have better options, we have better everything, in this
general locale. And, Mr. Mayor, if we could just land one of those things for
this City, the amount of work that would be provided, the amount of funds that
would be provided. And you don't get one of those to come here without
spending some money like this, to try to encourage these people to come to
this locale. So, I think it is money well spent, I think you're probably
going to have to spend some more; but if you can bring that kind of clean
industry to this community, I think it is just money that is going to really
search out, and do good for this community. So, I want to make sure that this
motion passes.
Mrs. Kennedy: Great.
Mayor Suarez: Thank you, Commissioner. Any further discussion? Call the
roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-968
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $50,000
FROM CITY-WIDE ECONOMIC DEVELOPMENT FUNDS INCLUDED IN FY
1986-1987 DEPARTMENT OF DEVELOPMENT BUDGET IN SUPPORT OF A
SERIES OF FILM INDUSTRY RELATED SEMINARS IN THE CITY OF
MIAMI DURING FEBRUARY 6-15, 1987; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY WITH THE FILM SOCIETY OF MIAMI, INC.
IN ORDER TO IMPLEMENT THE HEREIN ALLOCATION.
(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
Mayor Suarez: Item number 1.
Mr. Dawkins: I got one emergency item.
Mayor Suarez: Commissioner Dawkins, before Item number 1.
Mr. Dawkins: I'm waiting on Mr...
Mayor Suarez: Take it up whenever you want.
Mr. Dawkins: OK, thank you, Mr. Manager ... Mr. Mayor.
8 December 11, 1986
1�
7. EMERGENCY ORDINANCE: AUTIHORIZE ISSUANCE OF SUBORDINATED PARKING SYSTEM
REVENUE BONDS ($2,000,000) FOR CONSTRUCTION OF PUBLIC PARKING FACILITIES.
Mayor Suarez:
morning.
Item number 1. State Representative, good to see you this
Mr. Dawkins: Aren't you lost?
Mr. Plummer: Oh, boy.
Mr. Dawkins: Aren't you lost?
Mr. Ron Silver: Mr. Mayor, fellow Commissioners. That's what they said at
the Courthouse the other day, when I was at the Courthouse, that I looked like
I didn't know where I was.
Mr. Dawkins: And they steered you here, so you could find your way, right?
Mr. Silver: Yes, they sent me here, right.
Mr. Dawkins: No problem.
Mr. Silver: Mr. Mayor and...
Mr. Plummer: They had first choice.
Mr. Silver: They rejected me. Now you got the same opportunity. Mr. Mayor
and Commissioners, we're here on an item to...by the way, first of all, I'm
Ron Silver, and I'm legal counsel for the Department of Off-street Parking.
We are here on these items as an emergency nature, to ask you to approve them.
I believe that you have been provided with all the necessary information
regarding the purchase of this property, which is adjacent to our Parking
Garage number 2. The emergency nature of this, members of the Commission, is
the fact that, due to the tax consequences involved to the owner of the
property, that if we cannot close this at this particular time, then the
amount of money that we have to pay for the property will be substantially
more after December 31st.
Mrs. Kennedy: You have to close before December 31st, correct?
Mr. Silver: We have to close before December 31st, yes. So, we would ask you
to approve these ordinances. There have been a couple of minor changes which
have been made, but they're insubstantial in nature, and there's one there
just based on clarity of the situation.
Mrs. Kennedy: How much would this generate to the City, Ron?
Mr. Silver: Hundred thousand dollars in taxes when the office building is
completed. By the way, there is no obligation by the City of Miami itself.
No monies are being pledged by the City of Miami whatsoever on this property.
Mr. Odio: It's one hundred thousand. One hundred thousand.
Mr. Plummer: I move Item 1.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll.
Read the ordinance.
9 December 11, 1986
i
1b
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AUTHORIZING THE ISSUANCE OF
SUBORDINATED PARKING SYSTEM REVENUE BONDS OF THE CITY
OF MIAMI, FLORIDA IN AN AGGREGATE PRINCIPAL AMOUNT NOT
EXCEEDING $2.000,000 FOR THE PURPOSE OF ACQUIRING LAND
TO BE USED FOR THE PURPOSE OF ERECTING AND
CONSTRUCTING THEREON PUBLIC PARKING FACILITIES WITHIN
THE CORPORATE LIMITS OF THE CITY OF MIAMI; PROVIDING
FOR THE PAYMENT OF SUCH BONDS AND THE INTEREST THEREON
FROM AMOUNTS ON DEPOSIT IN THE GENERAL RESERVE ACCOUNT
CREATED PURSUANT TO ORDINANCE NO. 10115 OF THE CITY
COMMISSION OF THE CITY OF MIAMI; SETTING FORTH THE
RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS;
MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; AND PROVIDING THAT THIS ORDINANCE BE
EFFECTIVE IMMEDIATELY UPON ENACTMENT.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10186.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Item 2 is related?
Mr. Silver: I believe we needed a second reading on that, as an emergency
ordinance?
Mayor Suarez: We just did.
Mr. Silver: Oh, just did? OK, fine, good.
Mayor Suarez: Just very quickly.
Mr. Silver: Good.
Mr. Plummer: Not a second reading; a second roll call.
Mr. Dawkins: This is...
Mr. Silver: Roll call.
Mr. Dawkins: See, this is not the Legislature. We know how to do things.
(Laughter)
10 December 11, 1986
11
i
Mr. Silver: Yeah. OK.
Mr. Plummer: They got two months. We only got one day.
Mr. Silver: Do we have two roll calls ?
Mr. Dawkins: OK.
Mr. Plummer: It's already been done.
{ ---------------------------------------------------- ------------------------
1 8. AUTHORIZE SALE OF $2,000,000 SURORDINATED PARKING SYSTEM REVENUE BONDS
SERIES 1986; AWARD TO WILLIAM R. WATTS AND NORTHERN TRUST BANK.
------------------------------------------------------------------------------
Mayor Suarez: Item 2.
Mr. Silver: OK. The second item's a resolution. Implementing. Implementing
resolution.
Mayor Suarez: It would be really nice if we could somehow do these items all
in one, instead of always having to have two items.
Mr. Odio: You can... you can...2 is a resolution.
Mayor Suarez: This is the enabling resolution? I'll entertain a motion on
Item 2.
Mr. Plummer: So moved.
Mrs. Kennedy: Moved.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Under discussion.
Mayor Suarez: Under discussion.
Mr. Dawkins: Now, I spoke with Mr. Carlton, and my only concern deals with
the air rights, and he has assured me that we're going to sit down, and we're
going to come back to the Commission with something concerning the air right
over that property, so...
Mr. Silver: That is correct, Mr. Dawkins.
Mr. Dawkins: ...with that understanding, I move. With that understanding,
I'll go along.
Mayor Suarez: With that proviso. Take —call the roll on that item.
11 December 11, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-969
A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF 42,000,000
CITY OF MIAMI, FLORIDA SUBORDINATED PARKING SYSTEM REVENUE
BONDS, SERIES 1986; AWARDING THE SALE THEREOF TO WILLIAM
R. WATTS AND NORTHERN TRUST BANK, SUBJECT TO THE TERMS AND
CONDITIONS OF THE BOND PURCHASE CONTRACT AND THE PURCHASE
AND SALE AGREEMENT; APPOINTING A REGISTRAR AND PAYING
AGENT; AUTHORIZING THE DELEGATION OF AUTHORITY TO EXECUTE
CERTAIN DOCUMENTS, INCLUDING LETTER OF CREDIT, AND OTHER
ACTIONS IN CONNECTION WITH THE ISSUANCE OF SAID BONDS;
PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION WITH THE
ISSUANCE AND DELIVERY OF SUCH BONDS; AND PROVIDING 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 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. Dawkins: Mr. Mayor, before we go any further, I'd like to...
Mayor Suarez: Thank you, Ron. Thank you Les, Carl, Roger.
Mr. Silver: Thank you very much, Mr. Mayor.
9. APPOINT MEMBERS TO BOARD OF TRUSTEES OF CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST.
Mr. Dawkins: The Sanitation Department did not get in the resolution in time
to reappoint people to the Pension Board, and I have a letter where they wish
to reappoint T. Willard Fair, Betty McKnight, to serve on the Pension Planning
Board for another term; and they want to appoint Theresa Pollock to replace
John Gardner(?) on the Pension Board, and I so move. And this is a request
from the Sanitation Employment.
Mayor Suarez: These are their appointees?
Mr. Dawkins: These are their appointees, and this is their right.
Mayor Suarez: OK, so moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded, thirded. Any discussion? Call the roll.
12 December 11, 1986
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-970
A RESOLUTION APPOINTING THREE MEMBERS TO THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST AS PROVIDED FOR BY
CITY OF MIAMI ORDINANCE NO. 10002, SECTIONS 40-226 AND 40-
227 FOR SPECIFIED TERMS OF OFFICE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
10. CONSENT AGENDA.
----- --------------------------------------------------
Mayor Suarez: Item 3.
Mr. Odio: No, that's the Consent Agenda.
Mayor Suarez: Consent Agenda.
Mrs. Kennedy: I'd like to pull out...
Mayor Suarez: Commissioner?
Mrs. Kennedy: Item number 20.
Mayor Suarez: Commissioner Kennedy pulls Item 20.
Mr. Plummer: Two zero.
Mr. Dawkins: Oh, this is Consent Agenda?
Mayor Suarez: Yes. This will,be Items 3 through 31 consist of the Consent
Agenda...constitute the Consent Agenda.
Mr. Dawkins: OK, I pull 4, 4.1. Pull 16, 17, 21, 28.
Mayor Suarez: Commissioner Kennedy has Item 20; Commissioner Dawkins 4, 4.1,
16, 17, 21 and 28. I'd like to pull •Item 29, to be considered later in the
day, in conjunction with the Melrose site. That's the Civic Center.
Mr. Plummer: I'd like to pull 27, for sure. Just for discussion purposes. I
got a problem, Mr. Mayor, which, I hate to pull them, but in Items 22, 8, and
10, they all seem to be lumped together, but we keep hearing there's no money,
and yet they're spending some.
Mr. Odio: Well, this is Overtown.
Mr. Plummer: And I can't understand why they're on here separately, rather
than bunched together so we could understand all three of them at the same
time. They're spread across, maybe to lessen the impact, I don't know.
13 December 11, 1986
Mayor Suarez: Madame City Attorney, is there anything we can do on these
items that are related, to have them considered as one?
Mr. Plummer: Not necessarily as one, but put them on the Agenda 1, 2, 3, so
we can see them all together.
Mr. Odio: He's right. You're right, we'll change it.
Mayor Suarez: You want to pull any of those out at this point, or are you
just...
Mr. Plummer: I'll also ask that number 3 be pulled.
Mayor Suarez: Yeah, with the exception of Items 3, 4, 4.1, 16,...
Mr. Dawkins: And 9.
Mr. Odio: We need to pull 24, so that the time can be changed on the...
Mr. Dawkins: Twenty-four?
Mr. Odio: The... yes, sir, the time has to be...
Mrs. Dougherty: Just note the time.
Mr. Odio: Eh?
Mrs. Dougherty: Just note the time.
Mr. Odio: No, fine, the City Attorney says we can leave it in and change the
time.
Mayor Suarez: All right. Commissioner Plummer, you still only have Item 3,
right, pulled?
Mr. Plummer: Yes, sir, and I've got to ask the ques...well, OK, yeah.
Mayor Suarez: With the exception, then, of Items 3, 4, 4.1, 9, 16, 17, 20,
21, 27, 28, and 29, we will take a vote on all the items from Items 3 to 31,
constituting the Consent Agenda. Is there anyone present who is an objector
or a proponent, that wishes to speak on any item on that Consent Agenda, with
the exceptions listed?
Mr. Odio: Yes, Mr. Mayor. You need to pull number 30. The work has not been
completed. We had to withdraw that item.
Mayor Suarez: OK, and 30 has been withdrawn.
Mr. Dawkins: Thirty's withdrawn.
Mrs. Dougherty: And please note that on Item 24, the time is from 7:00 A.M.
to 7:00 P.M., as opposed to 12:00 to 4:00, which is reflected in the
resolution.
Mayor Suarez: So ordered, that that change be made in the Consent Agenda.
Yes, sir, which item do you wish to address?
UNIDENTIFIED SPEAKER: I wish to address Item...
Mr. Plummer: Which one?
UNIDENTIFIED SPEAKER: I'm not here, really, to address the item, in the way
that I understand. You're asking the question, but the item I'm here for is
Item 12.
Mr. Dawkins: Pull 12.
Mayor Suarez: All right, Commissioner Dawkins has pulled that, so we'll take
that up individually.
UNIDENTIFIED SPEAKER: At this time, or...?
a
14 December 11, 1986
i
Mayor Suarez: No, in a second. We're going to take a vote on the Consent
Agenda, leaving out...
Mr. Dawkins: Move it.
Mayor Suarez: Consent Agenda is moved, leaving out the Items mentioned. Do
we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll. Let the record
reflect that no one else has stepped forward on any of the other items, other
than Item 12.
THE FOLLOWING RESOLUTIONS WERE INTRODUCED BY COMMISSIONER DAWKINS,
SECONDED BY COMMISSIONER KENNEDY, 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
10.1 ALLOCATE $50,000 FOR "THE 17TH ANNUAL BUDWEISER UNLIMITED HYDROPLANE
REGATTA" AND ADDITIONAL $25,000 FOR ESPN OR OTHER TELEVISION COVERAGE.
RESOLUTION NO. 86-971
A RESOLUTION ALLOCATING FROM GENERAL FUND, SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND, AN AMOUNT NOT TO
EXCEED $50,000 TO PARTLY UNDERWRITE "THE 17TH ANNUAL
BUDWEISER UNLIMITED HYDROPLANE REGATTA" AND AN ADDITIONAL
AMOUNT OF $25,000 AS A GRANT IN SUPPORT OF SAID REGATTA,
SAID ADDITIONAL AMOUNT BEING ALLOCATED IN CONSIDERATION OF
ENTERTAINMENT SPORTS PROGRAMMING NETWORK (ESPN) OR OTHER
TELEVISION COVERAGE OF THE EVENT WHICH WILL ENABLE THE
REGATTA TO BE SEEN ON CLOSED CIRCUIT TELEVISION; FURTHER
CONDITIONING SAID ALLOCATIONS WHICH ARE TO BE CONSIDERED
AS SEED MONEY 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.)
10.2 AUTHORIZE EXTENSION OF TERM OF AGREEMENT WITH PRIEDE-SEDGWICK, INC.,
FROM ONE YEAR TO TWO YEARS FOR COMPREHENSIVE STORM SEWER DRAINAGE MASTER
PLAN; INCREASING COMPENSATION TO $256,000.
RESOLUTION NO. 86-972
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND PRIEDE-SEDGWICK, INC., THEREBY EXTENDING THE
TERM OF SAID AGREEMENT FROM ONE YEAR TO TWO YEARS IN
CONJUNCTION WITH THE DEVELOPMENT OF A COMPREHENSIVE STORM
DRAINAGE MASTER PLAN AND INCREASING TO $256,000 THE
MAXIMUM TOTAL COMPENSATION ALLOWED FOR PROFESSIONAL
SERVICES, WITH FUNDS THEREFOR PREVIOUSLY APPROPRIATED FOR
THE PROJECT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
15 December 11, 1986
10.3 AUTHORIZE EXECUTION OF AGREEMENT WITH ETLING PRODUCTIONS, INC., FOR
MULTIPLE USE OF MIAMI MARINE STADIUM FOR ONE YEAR.
RESOLUTION NO. 86-973
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH ETLING
PRODUCTIONS, INC. FOR THE PURPOSE OF CONDUCTING TEN (10)
MUSICAL CONCERTS AND/OR OTHER ENTERTAINMENT EVENTS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
10.4 AUTHORIZE AMENDMENT OF AGREEMENT DATED MARCH 21, 1985, WITH REAL ESTATE
RESEARCH CORPORATION IN CONNECTION WITH SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT PHASE I, EXTENDING TERM OF AGREEMENT AND
INCREASING COMPENSATION TO $24,500.
RESOLUTION NO. 86-974
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
AMENDING THE AGREEMENT AUTHORIZED ON MARCH 21, 1985
BETWEEN THE REAL ESTATE RESEARCH CORPORATION AND THE CITY
OF MIAMI FOR THE PREPARATION OF APPRAISALS OF PARCELS OF
PROPERTY WITHIN THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT PHASE I AREA AND FOR TECHNICAL
ASSISTANCE IN PROPERTY ACQUISITION WHEREBY THE TERM OF
SAID MARCH 21, 1985 AGREEMENT IS EXTENDED FROM FEBRUARY
28, 1986 TO DECEMBER 31, 1986 AND THE COMPENSATION UNDER
SAID AGREEMENT IS INCREASED FROM $17,000 TO $24,500 WITH
FUNDS THEREFOR ALLOCATED FROM 12TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS ALLOCATED TO THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT AND 1976 G.O.
HOUSING BOND FUNDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
10.5 AUTHORIZE EXECUTION OF AGREEMENT WITH MOSES C. FLORENCE, AN INDIVIDUAL,
FOR PREPARATION OF APPRAISALS OF PROPERTY IN SOUTHEAST OVERTOWN/PARK
WEST REDEVELOPMENT PROJECT PHASE I AREA; $7,500.
RESOLUTION NO. 86-975
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN MOSES C. FLORENCE, AN INDIVIDUAL, AND THE CITY OF
MIAMI FOR THE PREPARATION OF APPRAISALS OF PROPERTY
LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT PHASE I AREA. FOR AN AMOUNT NOT TO
EXCEED $7,500 WITH FUNDS ALLOCATED FROM 12TH YEAR
COMMUNITY DEVELOPMENT FUNDS ALLOCATED TO THE SOUTHEAST
OVERTOWN/PARK WEST PROJECT AND 1976 G.O. HOUSING BOND
FUND.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
16 December 11, 1986
r
10.6 AUTHORIZE TERMINATION OF AGREEMENT DATED JULY 20, 1983, WITH SOUTH
FLORIDA ECONOMIC DEVELOPMENT CORPORATION, INC.; AUTHORIZE COLLECTION OF
PRINCIPAL AMOUNT OF LOAN.
RESOLUTION NO. 86-976
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TERMINATE AN
AGREEMENT DATED JULY 20, 1983, BETWEEN THE SOUTH FLORIDA
ECONOMIC DEVELOPMENT CORPORATION, INC. (SFEDC) AND THE
CITY OF MIAMI; SAID AGREEMENT TO BE TERMINATED IN
ACCORDANCE WITH CONTRACT PROVISION NUMBER 13; FURTHER
AUTHORIZING THE CITY MANAGER TO DIRECT THE CITY ATTORNEY
TO COLLECT THE PRINCIPAL AMOUNT OF SAID LOAN ALONG WITH
ANY INTEREST DUE FROM SOUTH FLORIDA ECONOMIC DEVELOPMENT
CORPORATION, INC.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
10.7 BID ACCEPTANCE - SAXON-NUCO CORPORATION FOR TWENTY (20) FACSIMILE
MACHINES TO DEPARTMENT OF MANAGEMENT & BUDGET - $35,780.00.
RESOLUTION NO. 86-977
A RESOLUTION ACCEPTING THE BID OF SAXON-NUCO CORPORATION
FOR FURNISHING TWENTY (20) FACSIMILE MACHINES FOR CITY
WIDE USE TO THE DEPARTMENT OF MANAGEMENT & BUDGET AT A
TOTAL PROPOSED COST OF $35,780.00; ALLOCATING FUNDS
THEREFOR FROM THE 1986-87 OPERATING BUDGET OF THE USING
DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS EQUIPMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
10.8 BID ACCEPTANCE - ALFRED LLOYD & SONS, INC. FOR N.W. 19 AVENUE SANITARY
SEWER REPLACEMENT PROJECT - $84,964.41.
RESOLUTION NO. 86-978
A RESOLUTION ACCEPTING THE BID OF ALFRED LLOYD & SONS,
INC. IN THE PROPOSED AMOUNT OF $84, 964.41 , TOTAL BASE BID
OF THE PROPOSAL, FOR N.W. 19 AVENUE SANITARY SEWER
REPLACEMENT PROJECT; WITH MONIES THEREFOR ALLOCATED FROM
"CITYWIDE SANITARY SEWER EXTENSION IMPROVEMENTS - FY 186"
ACCOUNT IN THE AMOUNT OF $84, 964.41 TO COVER THE CONTRACT
COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
10.9 BID ACCEPTANCE - TREE MASTERS, INC., $43,182.00; JUELLE, INC.,
$28,272.00 - DEMOLITION OF STRUCTURES - TO DEPARTMENT OF BUILDING AND
ZONING AT TOTAL PROPOSED COST OF $71,454.00.
RESOLUTION NO. 86-979
A RESOLUTION ACCEPTING THE BID OF TREE MASTERS, INC. AT A
TOTAL PROPOSED COST OF $43,182.00 AND JUELLE, INC. AT A
TOTAL PROPOSED COST OF $28,272.00 FOR THE DEMOLITION OF
VARIOUS STRUCTURES TO THE DEPARTMENT OF BUILDING AND
ZONING AT A TOTAL PROPOSED COST OF $71,454.00; ALLOCATING
FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT PROGRAM WITH
RECOVERY BY NORMAL LIEN HOLDING PROCEEDINGS; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THIS SERVICE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
17 December 11, 1986
0
t
10.10 BID ACCEPTANCE - POWER FEDERAL DETECTIVE BUREAU FOR FURNISHING
SECURITY GUARD SERVICE AT THE MANUEL ARTIME COMMUNITY CENTER TO THE
DEPARTMENT OF COMMUNITY DEVELOPMENT - $36,163.80.
RESOLUTION NO. 86-980
A RESOLUTION ACCEPTING THE BID OF POWER FEDERAL DETECTIVE
BUREAU FOR FURNISHING SECURITY GUARD SERVICE AT THE MANUEL
ARTIME COMMUNITY CENTER TO THE DEPARTMENT OF COMMUNITY
DEVELOPMENT ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE
ANNUALLY AT A TOTAL PROPOSED FIRST YEAR COST OF
$36,163.80; ALLOCATING FUNDS THEREFOR FROM THE 1986-87
OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS SERVICE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
10.11 ORDERING RESOLUTION - MORNINGSIDE HIGHWAY IMPROVEMENT H-4523.
RESOLUTION NO. 86-981
A RESOLUTION ORDERING MORNINGSIDE HIGHWAY IMPROVEMENT H-
4523 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL
ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST
THEREOF AS MORNINGSIDE HIGHWAY IMPROVEMENT DISTRICT H-
4523.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
10.12 AMEND SECTION 1 OF RESOLUTION 86-905 CONCERNING FUNDS FOR SETTLEMENT
OF CONDEMNATION PROCEEDINGS OF 21 PARCELS OF PROPERTY FOR OVERTOWN
URBAN INITIATIVES PROJECT.
RESOLUTION NO. 86-982
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 86-905
BY CHANGING THE DESIGNATION AND AMOUNT OF FUNDS NEEDED TO
COMPLY WITH THE SETTLEMENT COST TO THE CITY FOR PAYMENT OF
THE SETTLEMENT OF TRIAL COURT AND APPELLATE COURT
PROCEEDINGS INVOLVING CONDEMNATION PROCEEDINGS OF 21
PARCELS OF PROPERTY ACQUIRED AND NEEDED FOR THE OVERTOWN
URBAN INITIATIVES PROJECT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
10.13 ESTABLISH AND IMPLEMENT PERFORMANCE AND BID BOND PROGRAM POLICY -
MINORITY AND FEMALE FIRMS; PROCUREMENT OF GOODS AND SERVICES AND
CONSTRUCTION PROJECTS $200,000 OR LESS; RESCIND RESOLUTIONS 84-423
AND 84-873.
RESOLUTION NO. 86-983
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH AND
IMPLEMENT A PERFORMANCE AND BID BOND PROGRAM POLICY
RELATIVE TO THE REQUIREMENTS FOR MINORITY AND FEMALE FIRMS
AND FOR THE PROCUREMENT OF GOODS AND SERVICES AND PUBLIC
WORKS CONSTRUCTION PROJECTS AMOUNTING TO $200,000 OR LESS;
FURTHER RESCINDING RESOLUTION NOS. 84-423 AND 84-873
DEALING WITH PERFORMANCE AND BID BOND POLICIES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
18 December 11, 1986
t
10.14 AUTHORIZE STREET CLOSURES FOR THREE KINGS PARADE ON JANUARY 11, 1987.
RESOLUTION NO. 86-984
A RESOLUTION CONCERNING THE THREE KINGS PARADE TO BE
CONDUCTED BY WQBA RADIO STATION ON JANUARY 11, 1987
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY
THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION
SERVICES AND ASSURANCES THAT THE CITY WILL BE INSURED
AGAINST ANY POTENTIAL LIABILITY; CONDITIONED UPON THE
ORGANIZERS PAYING FOR NECESSARY COSTS OF CITY SERVICES
ASSOCIATED WITH SAID EVENT BEYOND THE COSTS ALLOCATED.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
10.15 AUTHORIZE STREET CLOSURES FOR 1986 KING MANGO STRUT PARADE AND
FESTIVAL, DECEMBER 18, 1986; RESTRICT AREA TO RETAIL PEDDLERS.
RESOLUTION NO. 86-985
A RESOLUTION CONCERNING THE 1986 KING MANGO STRUT PARADE
AND FESTIVAL SPONSORED BY THE COCONUT GROVE JAYCEES, TO BE
HELD DECEMBER 28, 1986 IN PEACOCK PARK AND DOWNTOWN
COCONUT GROVE, AUTHORIZING THE CLOSURE OF CERTAIN STREETS
TO THROUGH VEHICULAR TRAFFIC, SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE -RESCUE;
FURTHER RESTRICTING THE AREA TO RETAIL PEDDLERS DURING
SAID HOURS; SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH
SUCH 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.)
10.16 AUTHORIZE STREET CLOSURES AND TEMPORARY PEDESTRIAN MALL FOR 1987
COCONUT GROVE ART FESTIVAL, FEBRUARY 14, 15 AND 16, 1987; RESTRICT
AREA TO RETAIL PEDDLERS; PERMIT SALE OF BEER AND WINE.
RESOLUTION NO. 86-986
A RESOLUTION CONCERNING THE 1987 COCONUT GROVE ART
FESTIVAL TO BE HELD FEBRUARY 14, 15 AND 16, 1987 IN
PEACOCK AND MEYERS PARKS AND IN DOWNTOWN COCONUT GROVE,
AUTHORIZING THE CLOSURE OF CERTAIN STREETS TO THROUGH
VEHICULAR TRAFFIC AND CREATING A TEMPORARY PEDESTRIAN
MALL, SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE -RESCUE; RESTRICTING SAID
AREA TO RETAIL PEDDLERS DURING THE SCHEDULED HOURS OF THE
EVENT; GRANTING THE REQUEST OF THE SPONSORS TO SELL BEER
AND WINE DURING THE EVENT, SUBJECT TO THE ISSUANCE OF A
TEMPORARY PERMIT BY THE STATE OF FLORIDA DEPARTMENT OF
BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND
TOBACCO; SAID AUTHORIZATIONS FURTHER SUBJECT TO AND
CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI,
INCLUDING PAYMENT FOR ALL CITY SERVICES ASSOCIATED WITH
THE EVENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
19 December 11, 1986
10.17 PLAT ACCEPTANCE - LAINEY LANE SUBDIVISION.
RESOLUTION NO. 86-987
A RESOLUTION ACCEPTING THE PLAT ENTITLED LAINEY LANE
SUBDIVISION 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.)
------------------------------------------------------------------------------
11. ALLOCATE MONIES IN SUPPORT OF "THE SUPER STARS FOR 19871t.
Mayor Suarez: Item 3.
Mr. Plummer: Mayor, I'm questioning why that money is not coming from the
TIC. The activity itself does not take place in the City of Miami. It takes
place...
Mr. Odio: Yes, it does. Yes, it does, sir. This is the Superstars.
Mr. Plummer: Where is the actual event going to be televised?
Mr. Odio: It's divided into four parts. The one that they have...
Mr. Dawkins: Key Biscayne, Commissioner Plummer. I'll answer your question.
Mr. Odio: And the Marine Stadium. The Marine Stadium.
Mr. Dawkins: Key Biscayne is where they've been doing it.
Mr. Plummer: Well, yeah, the Key...
Mayor Suarez: So it's half and half.
Mr. Odio: No, sir, since two years ago, they've been doing it in Miami Beach,
the Marine Stadium, and in Key Biscayne.
Mr. Plummer: How much of it will emanate from the Marine Stadium?
Mr. Odio: From the City, it's 45,000, from the bed tax monies we're getting
from the accounting.
Mr. Plummer: No, but, you know that's hold harmless. Why isn't this coming
from the TIC funds, which are ten times ours, because it is a national
promotion?
Mr. Odio: Well, we ... you agreed, when you were sitting in the Tourist
Development Council, three years ago, that we would be matching funds. These
funds are from the bed tax, monies we're getting from the County. The
County's also putting money in it, and Miami Beach is putting money in it.
Mr. Plummer: You're telling me that at least one of the three events will
emanate from Miami?
Mr. Odio: Yes, sir.
Mr. Plummer: I move Item 3.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
20 December 11, 1986
Mayor Suarez: Seconded. By the way, as long as you mention that, and in view
of the fact that apparently they're going to have a new executive director, it
is definitely my hope, Mr. City Manager, if you could keep an eye on the
situation, that we have some input into who that new executive director's
going to be, and what his salary's going to be, and what his qualifications
are going to be. I mean, and how responsive to this community that new
executive director's going to be.
Mr. Plummer: Mr. Mayor, this Commission designated me as the member to the
executive committee, or council. I have never been notified of a meeting.
Mayor Suarez: Well, there may be a confusion, because they've been notifying
me, so if you want to take it over, you can...
Mr. Plummer: Oh.
Mayor Suarez: It's your baby, then, because I really can't attend all those
meetings. If you're able to, that would be a great...
Mr. Plummer: Well, yeah, because I served on the TDC.
Mayor Suarez: I guess they have something called a board of directors, or...
Mr. Plummer: Exactly.
Mayor Suarez: And that, I guess, we're ex officio members of that - maybe
that's why they invite me. But you should be invited.
Mr. Dawkins: Mr. Mayor, I need a point of special privilege.
Mayor Suarez: Wait, let's take a vote on that, Commissioner.
Mr. Dawkins: OK.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-988
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $45,000
FROM THE DEPARTMENT OF CONFERENCES AND CONVENTIONS FUND IN
SUPPORT OF "THE SUPERSTARS FOR 1987;" SAID ALLOCATION
BEING CONDITIONED UPON ONE OR MORE EVENTS BEING HELD IN
THE CITY OF MIAMI; THE CITY OF MIAMI BEING RECOGNIZED AND
NAMED AS A SPONSOR; THE CITY OF MIAMI HAVING AN EQUAL ROLE
'IN THE DETERMINATION OF ALL PUBLICITY AND RELEASES
PREPARED FOR NATIONAL BROADCAST; MATCHING OR GREATER
AMOUNTS BEING CONTRIBUTED BY THE GREATER MIAMI CONVENTION
AND VISITORS BUREAU.
(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
21 December 11, 1986
e e
12. REQUEST CITY ATTORNEY TO DRAFT ORDINANCE REJECTING PROPOSED CONSTRUCTION
OF JAILS WITHIN CITY LIMITS.
Mayor Suarez: Commissioner Dawkins?
Mr. Dawkins: Point of special privilege. Madame City Attorney, will you
prepare an emergency resolution for me to read some time this afternoon, where
we will resolve to tell the County Commission and Judge ... what's the judge's
name who had them before him yesterday?
Mr. Plummer: Hoeveler.
Mr. Dawkins: Judge Hoeveler? That we have enough jails located within the
City of Miami, and that this Commission go on record that any jail facilities
must be built outside the City limits of the City of Miami, because we got our
load, and other people come down and put pressure on the County Commission,
and they just throw the jails in our neighborhood, which destroy our tax base.
Will you bring that back for me this afternoon, please?
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: Thank you.
Mayor Suarez: You can add a specific suggestion that they be located in Coral
Gables for the next five years. That'll get them.
Mr. Dawkins: It really will.
Mayor Suarez: You like Coral Gables, don't you, Mariano? No Allapattah?
Mr. Plummer: I told you, the Biltmore Hotel would have been an ideal
location.
Mayor Suarez: Yeah, the Biltmore Hotel.
Mr. Dawkins: OK.
13. ALLOCATE FUNDS FOR CONTINUATION OF SERVICES BY SPECIAL COUNSEL TO CODE
ENFORCEMENT BOARD.
Mayor Suarez: Item 4.
Mr. Dawkins: Item...
Mayor Suarez: Uh,...yeah, 4. Commissioner?
Mr. Dawkins: Item 4. Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Dawkins: The $30,000 additional is for how long?
Mr. Odio: One year.
Mr. Dawkins: All right, what was the budget before we added the $30,000 for
one year, for this service?
Mr. Odio: Oh, you're ... I'm sorry.
Mr. Dawkins: OK, we're paying the Court Enforcement Legal Adviser. I don't
want to use the name, because it doesn't matter. What's the total budget? I
mean, what did we pay so far that we've run out of money and we've got to add
$30,000 to it, so that it will finish out the... and the year is...
22 December 11, 1986 1
Mrs. Dougherty: It was a...
Mr. Dawkins: This is the last...
Mrs. Dougherty: It was a one-year funding for...
Mr. Dawkins: Then this goes till June, ma'am?
Mrs. Dougherty: This will be another until next year this time.
Mr. Dawkins: All right, I'll rephrase my question. What are we paying the
counselor now, for one year's service?
Mrs. Dougherty: It's... he bills us on an hourly basis, at $125 an hour, so it
varies on a month -to -month, depending on how much time he spends on a month,
so it's not a set time. But in the past year, we've used up the entire
$30,000 allocation that you approved last year.
Mr. Dawkins: Move it.
Mr. Plummer: Let me ask a question. Why isn't it being done in house?
Mrs. Dougherty: Mr. Commissioner, the Code Enforcement Board never had an
attorney representing itself. We are the prosecutors before the Code
Enforcement Board. The Act that created the Code Enforcement Board said the
City Attorney may not act both as the ,,dvis;er and the prosecutor before the
same board.
Mr. Plummer: OK, I understand. I just asked.
Mrs. Dougherty: So, for many years it didn't have an adviser, and they
specifically asked you to appoint one for them.
Mr. Plummer: Just asked.
Mayor Suarez: Moved and seconded?
Mr. Plummer: Yep.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-989
A RESOLUTION ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED
$30,000 FROM THE 1986-87 OPERATING BUDGET FOR THE
CONTINUATION OF SERVICES BY SPECIAL COUNSEL TO THE CITY'S
CODE ENFORCEMENT BOARD.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Plummer: Let me ask something. Mr....Madame City Attorney.
Mrs. Dougherty: Yes, sir.
Mr. Plummer: Under the problems that are being addressed by the Code
Enforcement Board, most of them are violations of people who don't take out
23 December 11, 1986
4r r
permits, because if they did, the problems would be found .before the permits
were issued. Is there anything that this City can do, that says to any of
these companies who supply materials to builders, requiring them to put on
their bill of lading the permit number issued by the City of Miami, if, in
fact, they deliver in the City of Miami?
Mrs. Dougherty: It's a good thought.
Mr. Plummer: I think maybe we ought to pursue that, because, let me tell you,
if these companies can't deliver to a site where there's not a building
permit, I think you'll go a long way in cutting down on the problems incurred
where we have to address them after the fact. And I would suggest that you
come back to this Commission as soon as possible, with a possible
recommendation. It seems like to me that if a man goes to deliver building
materials, it's just a simple matter of saying "What is your permit number?"
and attach that to the bill of lading. And if he doesn't, then he can't
deliver. I'm getting even, because they wanted to cite me the other day for
changing the color of my house.
Mr. Dawkins: You deserve it.
Mr. Plummer: I'd ask you to come back as soon as possible with that.
Mayor Suarez: So ordered. Do we have a motion and a second? We do?
Mr. Plummer: No, no, that was just a request for further information.
Mayor Suarez: Did we ever take a vote on it? Madame City Clerk?
UNIDENTIFIED SPEAKER: Yes.
Mayor Suarez: We did.
14.A. ALLOCATE $75,000 TO SENIOR CENTERS OF DADE COUNTY, INC. FOR HOME
DELIVERED FOOD PROGRAM FOR ELDERLY.
B. REQUEST ADMINISTRATION TO HAVE JEWISH HOME AND HOSPITAL FOR THE
AGED, INC. EXPLAIN TO CITY COMMISSION THEIR SERVICES TO CITY
RESIDENTS.
Mayor Suarez: Item 4.1.
Mr. Dawkins: Mr. Castaneda, and Mr. Manager. Four or five months ago, we had
every social service agency in the City of Miami down here screaming for
money. At that time, we told every social service agency we didn't have any
money. Am I correct, sir?
Mr. Frank Castaneda: That's correct.
Mr. Odio: Yes.
Mr. Dawkins: All right. Now. Now that we think that everybody else has
forgotten, we now find $150,000 to give social service agencies. Now explain
to me how that happened.
Mr. Castaneda: Commissioner, this happened during the budget meetings at the
Hyatt. You might recall, I believe, that Commissioner Plummer was the one
that made the motion to reduce the budget of the Parks Department by $150,000,
and to allocate this money for food programs.
Mr. Odio: Yes. That's a fact.
Mr. Castaneda: And this happened at the Hyatt - I don't know if you recall.
Basically, what we're saying is, that since the money is limited to the food
programs,...
Mr. Odio: We're taking from one of your...
24 December 11, 1986
k f
Mr. Castaneda: ...unless the Commission wants to hold public hearings again
on how to divide the money, the staff recommendation would be that there were
only two programs in revenue sharing that did not receive money from this
whole process. This was Senior Centers and the Jewish Home ... Douglas Gardens
Senior Adult Day Care Program, at Legion Park. Basically, what we're saying
is, that the easiest thing would be to divide the money among the two parties,
$75,000 apiece.
Mr. Plummer: But it's for food programs.
Mr. Castaneda: It is for food programs, and these are the only two food
programs that did not receive funding during the public hearing process.
Mr. Dawkins: OK. Now, there are no inner city food programs that need money?
Mayor Suarez: Some of those senior centers are inner city, aren't they?
Mr. Castaneda: I am sure that if we open up an application process, and have
public hearings on the issue, we would have a number of applications,
Commissioner.
Mr. Dawkins: OK, well, you...
Mrs. Kennedy: You'd have the same number of people that came here for that
time.
Mr. Dawkins: You explain to me, then, what I'm to tell the people when they
ask me how this happened.
Mr. Castaneda: Well, what we're saying, Commissioners, is, that last year the
City of Miami funded two programs. One was Senior Center of Dade County, at
the level of $199,000. We funded the Douglas Gardens Senior Adult Day Care at
a level of $180,000 These programs, because of the funding cuts in Washington,
were unable to receive any funding during the process. The Commission has
identified an additional $150,000, and what, basically, staff is recommending
is, that these two programs, that have a track record with the City, should
get priority, and the money should be divided equally. If the Commission were
to open it up, and to...
Mr. Dawkins: That's what you're doing with the $150,000 - opening it up.
Mr. Castaneda: Not really. What we're saying is that there were two meal
programs that were not funded, and we're saying that they should be funded,
and the money should be divided 50-50. If we were to request for proposals, I
am sure that you would have proposals in excess of $1,000,000 in this
Commission chamber.
Mayor Suarez: Well, how can we be sure, next year, that we don't have this
thing piecemeal, as we have done this year? How can we be sure next year that
we know all the funding we're going to have, that we allocate it, and we won't
have to hear any more from the programs in question?
Mr. Castaneda: You know, the Commission, you know, took the action at the
budget hearings, basically... if I may refresh your memory: I believe that the
money was being utilized for plants in City Hall, and you said that there was
a better use, because of the budget cuts...
Mayor Suarez: This is the money that was going to be used for plants at City
Hall?
Mr. Castaneda: I believe for plant tenders at City Hall. And that the money
would be used better for meals programs.
Mr. Dawkins: No way, no way. OK. The money for plants did not come out of
Special Programs and Account Contingency Funds. Let me refresh your memory.
Mr. Castaneda: No, they were...
Mr. Dawkins: Let me refresh your memory) The money came from budgeted funds
within the Park and Recreation funds. Am I right, sir?
Mr. Castaneda: Right.
25 December 11, 1986
Mr. Dawkins: All right, so that had nothing to do with Special Programs and
Accounts, am I right?
Mr. Castaneda: No, no, but what the Commission recommended was that the
budget of the Parks Department be reduced. If the question is whether it
should be charged to the Parks Department or to Special Funding Requests, you
know, we could amend the resolution for the money to come directly out of the
Parks Department.
Mr. Dawkins: That's where it was supposed to come from.
Mr. Castaneda: Well, I think that the Budget Department felt that what the
Commission was requesting is that the budget of the Parks Department be
reduced by $150,000 with which to fund for the meals programs.
Mr. Dawkins: Commissioner Plummer, where did you say this money should come
from, sir, because I'm getting all confused?
Mr. Plummer: The money was to come from a savings incurred in the nursery
operation for the $150,000. Once that savings was a reality, it was then to
be transferred over to this account, to give food programs. It's merely a
matter of 'transfer of funds out of the Parks Department, into this program
here, and then the monies can be distributed.
Mayor Suarez: And has that savings been realized?
Mr. Dawkins: Yes, um-hmm.
Mayor Suarez: It has been realized. This is not a theoretical...
Mr. Dawkins: OK, all right. Well, why is it all other food programs are
funded through CD, and now all of a sudden we are creating another entity with
which to feed people? Why is that?
Mr. Plummer: We ran out of money.
Mr. Odio: Commissioner, we were ordered to do this.
Mr. Dawkins: You were ordered to put the money in the contingency fund?
Mr. Odio: We were ordered to take it from the Parks Department and transfer
it over here.
Mr. Dawkins: And you were ordered to take it from there and feed people?
Mr. Castaneda: Right.
Mr. Odio: Yes, sir.
Mr. Dawkins: And you've been feeding people through the CD fund? Community
Development?
Mr. Odio: Yes, sir. Yes, sir.
Mr. Castaneda: Right.
Mr. Odio: Yes, sir.
Mr. Dawkins: That's right. OK? And Special Programs and Accounts, is that
CD funds?
Mr. Castaneda: No.
Mr. Odio: No, sir, it's General Fund money.
Mr. Castaneda: It's General Fund.
Mr. Odio: It is General Fund money. We took from the Parks Department and
transferred to General Fund, Special Contingency Account, so we could fund
more food programs.
26 December 11, 1986
Mr. Castaneda: No, that's what the Commission ordered us to do.
Mr. Odio: Yes.
Mr. Plummer: We understand.
Mayor Suarez: Yeah, the problem is, too, that the Special
Programs and
Accounts, it's got to be the hardest thing to hold onto here in
the City of
Miami, that I've ever seen. Funds keep coming out of it when you
don't expect
any funds to be in there; they keep going in there when you don't
expect any
funds to be going in there. I keep asking, through memoranda,...
Mr. Odio: I sent you a memorandum explaining to you what it was
in the...
Mayor Suarez: Yeah, and figure out what it means and I'll make you...well,
you're already City Manager - I don't know, Mayor, I guess.
Mr. Odio: Oh, please don't do that.
Mr. Plummer: Bad enough, having you as Manager.
Mayor Suarez: I mean, this fund is really a slippery one here,
this Special
Funds and Accounts.
Mrs. Kennedy: Well, there's more stability in being Mayor. At least it's
every two years.
Mr. Odio: Why do I envy Ken McCullough so much? I don't know.
Mr. Plummer: Because he did a good job.
Mr. Odio: That's right. I do.
Mr. Dawkins: Now, the question was raised that Senior Centers of Dade does
serve the total Dade - I have no problem with that. So, I got no problems
with the $75,000 for the Senior Centers of Dade County. Now, I don't know if
you can split this up or not, but I'm not prepared to give $75,000 to the
Miami Jewish... to the Home, until it shows me how many City of Miami residents
it's serving with my money. It's just that simple.
Mr. Castaneda: Fine, Commissioner, we can bring you that information.
Mr. Dawkins: I mean, but I don't know. Mr. Blatz(?).
Mr. Plummer: Well, just ... that's easy to do.
Mr. Dawkins: Beg pardon? Go ahead, J.L.
Mr. Plummer: Just pass one and defer the other one.
Mr. Dawkins: OK. All right, I move that we go ahead and give the money to
Senior Citizens, who serve the total City of Miami and Dade populace, and to
have the Miami Jewish Home come down and explain to me, to this Commission,
how it serves the total City of Miami.
Mayor Suarez: And get that information to us during the day, or if they can
get it to us during the day, because we should be able to take up this item
during the day, unless Commissioner Dawkins has any problems, as long as we
get that information.
Mr. Dawkins: I'm going to have a problem with it, Mr. Mayor, because I'm
going to have to tell you all to find $75,000 for another agency out there,
like the C.A.A., who's really serving the ... I mean, these people, who I know
they're not... they can't get to. And it's not that they don't want to, but
they all got the same problem - they got a shortage of money.
Mayor Suarez: You know, you hit me where it hurts when. you mention the
Community Action Agency.
Mr. Dawkins: Yeah, they just got ... the federal government cut out money.
Everybody, the Age footed that thing for... Old Age American Act, or
something - it's just no money. And until we can make sure that the money
27 December 11, 1986
we're giving out is meeting the greatest needs, there's no sense in handing it
out.
Mayor Suarez: So moved, to allocate one and defer the other. Any further
discussion on a motion and a second? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-990
A RESOLUTION ALLOCATING $75,000 FROM THE SPECIAL PROGRAMS
AND ACCOUNTS: CONTINGENT FUND TO THE SENIOR CENTERS OF
DADE COUNTY, INC., WHICH OPERATES A HOME DELIVERED FOOD
PROGRAM FOR THE FRAIL ELDERLY; FURTHER AUTHORIZING THE
CITY MANAGER TO ENTER INTO AGREEMENT WITH APPROVED
AGENCIES, 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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 86-990.1
A MOTION DIRECTING THE ADMINISTRATION TO HAVE JEWISH HOME
AND HOSPITAL FOR THE AGED, INC. APPEAR BEFORE THE CITY
COMMISSION AT A FUTURE MEETING TO EXPLAIN IN DETAIL HOW
THEY SERVE CITY OF MIAMI RESIDENTS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
28 December il, 1986
15. AMEND ECONOMIC DEVELOPMENTS AGREEMENT WITH (A) ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, INC., AND (B) WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION - EXTEND AGREEMENT AND ALLOCATE ADDITIONAL FUNDS.
Mayor Suarez: Item 9.
Mr. Dawkins: Number 9. Again,...where's Frank?
Mayor Suarez: He's disappeared on us. Who swallowed up Frank Castaneda?
Could have sworn he was there just a minute ago.
Mr. Dawkins: I just need to know...
Mr. Odio: You want an explanation on number 8?
Mr. Dawkins: On number 9.
Mr. Plummer: Nine.
Mr. Odio: Number 9? This is the Allapattah Business Development Authority,
and Wynwood Community Economic Development Corporation. Both agencies are
under contract and on probation from July 1st, 186, through December 31st.
Their work performance during this probational period has been satisfactory,
and this would be an extension of the agreement to 30th of June of 1987. The
cost will be $25,000 each.
Mr. Plummer: Additional.
Mr. Odio: Additional. The funds will come from the Twelfth Year Community
Development Block Grant. The ABDA's programs are the Commercial Facade
Program in Allapattah, and the Parking Advisory Committee, First Annual Fair
of Allapattah - that's what it would fund on the $25,000, and the Wynwood
programs are the Commercial Facade Program and the Puerto Rican City of Miami
Police Officers' Social Club.
Mr. Plummer: Huh?
Mr. Odio: That's what they will cover with the... in the Wynwood programs.
Mr. Dawkins: The what, now?
Mr. Plummer: A social club?
Mrs. Kennedy: Social club?
Mr. Odio: Puerto Rican City of Miami Police Officers' Social Club.
Mr. Castaneda: What the corporation is doing, is that they have taken a much
more active role. They are bringing the City of Miami Police Department over
there in Wynwood, they are working with Roberto Clemente Park, to get the
police to reduce crime in the area. They are also working now extensively in
the Facade Program in order to improve the commercial aspect. They have
drastically improved. Let me just say that Allapattah Development Authority
has improved a lot greater than the Wynwood group.
Mr. Plummer: I think the question is, the overtone of a social club...
Mr. Castaneda: No, no, let me say that those are some of the activities that
they are involved in, and then the reason that they are involved in that
activity is to bring police into the area, and to increase the protection of
the area.
Mr. Plummer: Fine.
Mr. Dawkins: OK, I'll be talking with you about how we arrived at this, and
why some of the other CDC's didn't get funded, OK? I move it.
Mr. Plummer: Second.
29 December 11, 1986
a
Mayor Suarez: Moved and seconded. You are ... as to these two, you have been
actively working with their board, and monit... and actually controlling their
boards, right?
Mr. Castaneda: No, we definitely have, as I said...
Mayor Suarez: We have veto power, I mean, the whole bit.
Mr. Castaneda: Yeah, definitely.
Mayor Suarez: OK. Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-991
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
ECONOMIC DEVELOPMENT AGREEMENTS WITH THE ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY, INC., AND WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSE OF
EXTENDING THE CONTRACT AGREEMENT FROM DECEMBER 31, 1986 TO
JUNE 30, 1987 AND TO PROVIDE AN ADDITIONAL TWENTY FIVE
THOUSAND DOLLARS ($25,000) FROM TWELFTH (12TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR EACH
ORGANIZATION FOR THE ACCOMPLISHMENT OF THEIR
ADMINISTRATIVE AND PROGRAMMATIC 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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
16. DIRECT ADMINISTRATION TO IDENTIFY $50,000 FOR DOWNTOWN BUSINESSMEN
ASSOCIATION FOR CRIME PREVENTION PROGRAM IN DOWNTOWN MIAMI.
Mr. Plummer: Mr. Mayor, I got a visit - I'm sure the rest of you did - Frank,
from the Downtown Business Merchants' Association. They never have received
any kind of grant, and I think last year, in the Community Development money,
they got like one percent, and the justification was, they'd never asked for
it. Mr. Manager, they're going to be asking for a $50,000 grant for the
downtown Miami, for crime prevention program and image builder. Now, I don't
know what you've got to do, but as far as I'm concerned, I want to see that
that money - especially after the article that appeared in the paper this
morning. And I'd like to move, at this time, that the administration be
instructed to find those funds and make them available as soon as a program is
presented to the administration, for a crime prevention and image building
program for the central ... CBO downtown, and I so move.
Mrs. Kennedy: Second.
Mr. Plummer: It's money well spent.
Mr. Odio: Are you asking for Community Development funds?
30 December 11, 1986
Mr. Plummer: Mr. Manager, I'm Asking for funds be made available for the
program. I think the logical conclusion is CD; if not, possibly the Police
money, or whatever. But I would like to go...
Mayor Suarez: It would be interesting to use the Law Enforcement Trust Fund
monies, possibly.
Mr. Plummer: If it's possible. OK, but I'm saying...
Mayor Suarez: And Greater Miami Visitors and Convention Bureau money should
be also available, to spend on image building for downtown. I don't
understand what they're doing with the six million dollars.
Mr. Plummer: All I'm saying is, that this Commission instructs the Manager to
make those funds available as soon as they surrender to you a budget which you
find acceptable, and I so move.
Mrs. Kennedy: And I 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. 86-992
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO
IDENTIFY $50,000 FOR THE DOWNTOWN BUSINESSMEN ASSOCIATION
FOR THEIR CRIME PREVENTION PROGRAM IN DOWNTOWN MIAMI;
FURTHER DIRECTING THE ADMINISTRATION TO MAKE SUCH MONIES
IMMEDIATELY AVAILABLE UPON THEIR PRESENTING TO THE
ADMINISTRATION A BUDGET PROGRAM WHICH IS FOUND TO BE
ACCEPTABLE BY THE CITY MANAGER.
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
17. DISCUSSION ITEM: DEFER RENEWAL OF LEGISLATIVE LOBBYING TEAM CONTRACT.
Mayor Suarez: I've been seeing members of the City of Miami legislative
lobbying team wandering around the chambers, and I want this Commission to
determine whether we're going to handle the renewal of the contract today.
It's not on the Agenda, as far as I know.
Mr. Odio: Not today. I'm not ready.
Mr. Plummer: Manager says he's not ready.
Mayor Suarez: OK. Maybe we ought to inform Skip Bafalis and Byron Sparber
and some of the other ones.
Mr. Dawkins: You're not ready? Well, I was going to move it.
Mr. Odio: You're going to move it?
Mr. Dawkins: Yeah, I'm going to move it to retain what we got.
Mr. Odio: Oh, fine ...
31 December 11, 1986
Mr. Dawkins: I don't know if we got...
Mayor Suarez: Now you're ready.
Mr. Odio: No, I mean, if you're going to stay with what we have;...
Mr. Dawkins: Yep.
Mr. Odio: ...if you want me to evaluate other proposals,...
Mr. Plummer: Well, I'm sorry, I have to have some backup. I have absolutely
none at this time. I would hope that it would be deferred out. I have no
backup. None.
Mayor Suarez: OK, the reason I asked is that it's not on the Agenda, and I
don't know why they were wandering around here.
Mr. Dawkins: They were wandering around because I told them I was going to
move it, but if it's rot going to be moved, they may as well wander home.
Look, you have to do what you have to do, Mr. Manager. Make your
recommendations. I'm satisfied with what I received last year from the firm
that's representing us. That's me. Now, I don't know about nobody else. So,
you go ahead, and if you're not ready...
Mr. Odio: No, the reason...
Mr. Dawkins: You're the Manager. We pay you to make recommendations.
Mr. Odio: Yes, sir. No, the reason I'm not ready is...
Mr. Dawkins: So we have to wait for your recommendation, that's all.
Mr. Odio: ...is that I'm getting other proposals, and...
Mayor Suarez: When is their contract up?
Mr. Odio: December 31st.
Mayor Suarez: Are we going to miss ... skip a beat here, if we don't have
something...
Mr. Plummer: There's no more committee meetings this month, Mr. Mayor.
Mr. Odio: No, no.
Mayor Suarez: No more committee meetings. And we're all lobbying the best we
can for a variety of City programs, with or without our paid lobbyists.
Whatever the Commission's consensus is; but it's not on the Agenda, unless
Commissioner Dawkins wanted to bring it up as an emergency item.
Mr. Dawkins: No, the Manager says he's not ready. I would bring it up, but I
can't bring something up if the Manager's not ready to make a recommendation.
Mayor Suarez: OK.
Mr. Dawkins: So it will not be heard.
Mayor Suarez: I just don't want them to spend their day here, waiting for
something to be decided that won't.
32 December 11, 1986
----------------------------- - -------- --------------------------------------
18. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED ACCEPTANCE OF BID OF
INFORMATION MANAGEMENT OF FLORIDA/CANON FOR RENTAL OF 3
MICROFILM/MICROFICHE READER PRINTERS.
Mayor Suarez: Item 16.
Mr. Dawkins: Mr. Williams, or somebody. What would this equipment cost to
buy, if it's going to cost $18,000 a year to rent, what would it cost to
purchase it?
Mr. Odio: That's a good question, Commissioner. If you want to, I can come
back with that. I don't have that information here, unless ... (OFF MIKE): Do
you have it? We...this is...I have to get that information for you. If you
want to...
Mr. Dawkins: All right, OK. I've got another one that we'll be doing the
same thing. All right, on 17, Mr. Mayor. Mr. Williams, and Mr. Manager...
Mayor Suarez: You ready to vote on 167 You want to dispose of that?
Mr. Dawkins: Well, no, they say they're going to bring me back their...
Mayor Suarez: Oh. OK.
Mr. Dawkins: I want to know how much it is a year. They're going to bring it
back this afternoon.
Mr. Odio: He wants that information, on how much it would cost to buy.
Mayor Suarez: OK. Sixteen is tabled until this afternoon.
19. BID ACCEPTANCE: TEMPTROL AIR CONDITION, INC. - AIR CONDITIONING
MAINTENANCE FOR POLICE DEPARTMENT.
Mr. Dawkins: And also 17. I'd like to know why is it ... I mean, what are you
going to get for 28... why is it you got to pay $28,000 to a firm to service an
air conditioner? I mean, you service air conditioners when they break down,
so, I mean, why are we going to pay $28,000 a year for somebody to be on call
when you need them?
Mr. Ron Williams: Because we're talking about a full service, 24-hour
facility. As you well know, without the availability of windows, and quite
often there are malfunctions within the system. Historically, we have had an
independent contractor to handle the multitude of air conditioning needs in
that facility. They are available; they will be paid on an as -called basis,
to respond to needs throughout. As you also recognize, the City's major
communications facility's there, with the requirement for stringent
temperature control levels, and it's important that we maintain a constant
temperature level throughout that facility, in certain areas, at all times.
NOTE FOR THE RECORD: Commissioner Joe Carollo entered the meeting at 10:00
o'clock A.M.
Mr. Dawkins: You couldn't hire a person for $28,000 to do this, Mr. Williams?
And put somebody to work, with the high unemployment rate we got?
Mr. Williams: I doubt that we could hire a person with the necessary
equipment, materials, supplies, etc., that would be needed to insure that that
facility stays going on a 24-hour basis.
33 December 11, 1986
Mr. Dawkins: So, for $28,000, if the main compressor blows out, then this guy
puts in the compressor without charging us for the compressor - we just get
charged for the labor?
Mr. Williams: No, that's not accurate. We...
Mr. Dawkins: All right, then, if you hired a man, you'd still have to buy the
compressor, wouldn't you?
Mr. Williams: There...
Mr. Plummer: Well, I think also a question: how many other of these
contracts do you have?
Mr. Williams: We have several of them throughout the City.
Mr. Plummer: Well, I'm saying, then maybe you're up to $100,000 in contracts,
and I think, then, his point is well taken. You could surely hire two people
for $100,000, even at the exorbitant rates we pay around here.
Mr. Williams: I tend to agree with you, Commissioner.
Mr. Odio: You need more than two people. Excuse me. If you need to cover
the building 24 hours a day, you need more than two people.
Mr. Williams: Right.
Mr. Odio: You're talking about covering seven days a week, 24 hours a day.
You're talking about more than two people.
Mr. Plummer: We're also talking about $28,000 in one alone.
Mr. Odio: A year, instead of having to hire four or five City employees.
Mr. Dawkins: Wait, wait, wait one minute. Seventeen, 17... OK. That's $2,338
a month, OK?
Mr. Odio: Yes, sir.
Mr. Dawkins: Now, divide that by four. I don't know what the hell I come out
with. Four into 20 goes... that's $500.
Mr. Plummer: Seven fifty.
Mr. Dawkins: You know, I mean, that's ridiculous.
Mr. Williams: Over... historically, Commissioner, we've found that...
UNIDENTIFIED SPEAKER (OFF MIKE):
Mr. Williams: Exactly. The fact is, historically, we've found that it's much
easier to have a contractor available, to call on an as -needed basis, to keep
these facilities going. The other location we have is the computer building,
which has some of the same complications: twenty-four hour facility, the need
for stringent and consistent temperature controls, and it's just important
that we have someone that's capable and qualified to maintain and repair these
very complicated systems.
Mr. Dawkins: OK. For my air conditioning system, I've got a service policy,
OK? For my refrigerator, I've got a service policy. That's my wife's
refrigerator. For the washing machine and the dryer, I've got a service
policy. Now, there's no agency out there that would provide us a service
policy for this air conditAoner at less than $28,000 a year?
Mr. Williams: Let me give you the bids, and at present...
Mr. Dawkins: For a service policy, now - I'm not talking about going in to
prepare. But I'm asking you, there's no company in the City of Miami that
has... that will put out a service contract, where you pay X number of dollars,
and call us when you need us, and if you don't need us, you don't call us?
34 December 11, 1986
Mr. Williams: Not for less than 28, no sir. We bid this formal bid, and we
had a low bid of $28,000, a high bid of $69,000. And various bids in between.
Mr. Dawkins: Mr. Mayor...
Mr. Williams: obviously, the 69,000 was out of range.
Mr. Dawkins: and fellow Commissioners, I've got a problem with it, and I
would hope ... I don't know what to do with it.
Mayor Suarez: Would you monitor how many hours they spent servicing this
system, for the next year? You know, somehow we've got to have an indication
that $28,000 is a fair amount of money to pay for this. I don't know how
complicated the system is, I don't know how it could ... how much it can be
expected to take in terms of maintenance; but $28,000 sounds like a lot of
money.
Mr. Williams: Mr. Mayor, we do that on...
Mayor Suarez: I know it's your lowest bid, but...
Mr. Williams: Yeah, we do that on an ongoing basis. My staff will review and
approve every expenditure to this contract, and that information is available,
for what we've paid over the past ten years, and, of course, I can provide it
to you on this new contract.
Mayor Suarez: And whether it can be done in house. I want to... you know,
hiring an employee to do this.
Mr. Williams: Again, as the Manager indicated, it would be impossible to do
that without... again, on a 24-hour basis, without something in the
neighborhood of four to five employees.
Mr. Dawkins: Well, I have no problems with voting to hire three people on a
twenty... and if not but 24 hours in the day, you will probably need four
people, because you've got swing days for two people to be off two days a
week. I got no problem with that. Put some people to work.
Mr. Williams: I understand your concern, Vice -Mayor; however, we do not have
presently on staff the necessary people, with the knowledge of these systems,
to maintain them.
Mr. Dawkins: I can understand that.
Mr. Williams: These are major systems, with multiple controls throughout this
facility, and it requires a very qualified firm to be able to do it.
Mr. Dawkins: There's such a thing as OJT.
Mr. Williams: I understand that.
Mr. Dawkins: All right? And I'm pretty sure that, with one of these air
conditioning, Miami -Dade, University of Miami - somebody will set up with us a
lab situation, where their students can work with us, to learn this complex
system, that they're going to need to know how to work on someplace else.
Reluctantly, I move 17, but if I'm here next year, I will not move it.
Mayor Suarez: Do we have a reluctant second for 17?
Mr. Plummer: Seven... yeah.
Mayor Suarez: Any further discussion? Call the roll on 17.
35 December 11, 1986
NNW
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-993
A RESOLUTION ACCEPTING THE BID OF TEMPTROL AIR
CONDITIONING INC. FOR FURNISHING AIR CONDITIONING
MAINTENANCE FOR THE POLICE DEPARTMENT BUILDING ON A
CONTRACT BASIS FOR ONE YEAR RENEWABLE ANNUALLY TO THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL
PROPOSED FIRST YEAR COST OF $28,061.52; ALLOCATING FUNDS
THEREFOR FROM THE 1986-87 OPERATING BUDGET; AU.PHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner 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 20. Commissioner Kennedy.
Mr. Plummer: Twenty?
Mayor Suarez: She pulled 20, I think, yeah.
Mr. Dawkins: I pulled 21.
20. DESIGNATE SPECIAL ASSESSMENT COLLECTIONS AS PLEDGE TO SECURE SPECIAL
OBLIGATION BONDS TO FUND CAPITAL IMPROVEMENT PROJECTS IN CITY PARKS
(REPLACING PREVIOUS PLEDGE OF BAYSIDE SPECIALTY CENTER AND PARKING
GARAGE).
Mayor Suarez: OK, let's move on to 21. We'll get back to 20 in a second.
Commissioner Dawkins.
Mr. Dawkins: Mr. Mayor, when we got into this, and I need to be assured that
I'm talking about the right ... same thing - no, that's not the one I want to
pull. Go ahead, move 21, I don't have nothing.
Mr. Plummer: No, I would like to ask the question. Are you going to come
back to this Commission, once you've identified?
Mr. Carlos Garcia: We'll have to come back to the City Commission to sell the
bonds, several times, yes, sir.
Mr. Plummer: No, no, no. I think that ... I think you need to come back to
this Commission and identify and designate...before you designate.
Mr. Garcia: Where the monies are going to be used?
Mr. Plummer: Where they're coming from.
Mr. Garcia: OK, the monies are coming from the Special Assessment
Collections, and that will secure seven and a half million dollars in bonds.
Before we sell the bonds, we'll have to come back to the City Commission.
Before the money is spent on any particular projects, we'll have to come back
to the City Commission also.
36 December 11, 1986
s
Mr. Plummer: OK.
Mr. Dawkins: No, they were supposed to come to us with the parks, and what
you were going to do in each park.
Mr. Garcia: Yes, sir. That, too. What we're doing now, we're replacing the
Bayside revenues with Special Assessment Collections. The reason for that is
that because changes in the tax law will make any bonds secured by Bayside
revenue what is called "private purpose bonds," which will be, probably,
taxable, and therefore will have a higher interest rate.
Mr. Dawkins: But this money is only for parks, for nothing else.
Mr. Garcia: Yes, sir.
Mr. Odio: Right.
Mr. Garcia: Yes, sir, that is right.
Mr. Odio: Yes, sir.
Mr. Dawkins: Nothing.
Mr. Odio: Yes, sir.
Mr. Garcia: That is right.
Mr. Odio: Only for parks.
Mrs. Kennedy: As I understand it, Carlos, it's going to be used not only for
Bayfront Park, for all the neighborhood parks.
Mr. Garcia: Fifty-fifty, yes, ma'am.
Mr. Odio: Yes.
Mayor Suarez: So, the...
Mr. Plummer: Well, OK, with an amendment that none of that money is to be
allocated until such time as...Dawkins had asked before we even went to the
sale of the bonds, that this Commission has to have before it, before one
dollar is issued, a full program of where those monies are going to be spent,
because it was a dollar on a dollar, as I recall.
Mr. Odio: And not only that, you approve the program, and then we have to
bring back each individual contract, for each individual park, so...
Mr. Plummer: Well, I think, though, what we're saying, is that we know where
50 percent of that money is going.
Mr. Odio: Yes.
Mr. Plummer: OK? Before one dollar of that can be spent, you have got to
come back and get a program approved by this Commission before you can spend
any of it.
Mr. Odio: Yeah.
Mr. Garcia: That is right, yes, sir.
Mayor Suarez: I've got two questions now, because now I know what we're
dealing with here. Number one, we got the money from the Port for the bridge,
did we not?
Mr. Garcia: We have not collected the $6,000,000; we're in the process of
collecting the money. That's my understanding.
Mayor Suarez: What does it take - do we have to go over there, and ask Mr.
Lunetta to give us the $6,000,000, or what?
37 December 11, 1986
f
Mrs. Kennedy: How come? The last time 1 spoke to Carmen Lunette, and this
was several months ago, he said he was going to do it immediately.
Mr. Garcia: They gave us a payment for $1,000,000.
Mr. Odio: That's right.
Mr. Garcia: On the $6,000,000, 1 have not been working personally.
believe...
Mayor Suarez: A paper for a million dollars, did you say?
Mr. Odio: A check.
Mr. Garcia: A payment.
Mayor Suarez: A check.
Mr. Garcia: A payment, yes.
Mayor Suarez: Is it in the bank? Is it cashed?
Mr. Garcia: It is in the bank.
Mr. Odio: Yes.
Mr. Garcia: It is in the bank.
I
Mayor Suarez: What about the other five million? I thought the whole thing
was supposed to be one payment.
Mr. Garcia: I'm not personally involved in that process. I believe the
Development Office has been involved; so, I know we are expecting payment
shortly.
Mayor Suarez: As far as this Commission is concerned, we should now have
$3,000,000 in one account, to be used for any City parks; $3,000,000 in cash
in another account, which is in the process of being used for Bayfront Park.
And we'd like to know - I'd like to know, Commissioner Kennedy would like to
know, all of us would like to know - where is that $6,000,000?
Mr. Garcia: We'll have to get back to you on that.
Mayor Suarez: Please. Today. I mean, you know, if it takes...
Mrs. Kennedy: Could you come back this afternoon with the report?
Mr. Garcia: I'll do that, yes.
Mayor Suarez: OK, now, my second question. Are you implying, with Item 21,
that you are, in fact - I know you're asking us to resolve, that we start
identifying and designating special revenues, to use as pledge for the rest of
the improvements, including Bayfront Park and the inner city parks - have you
found them? I mean, tentatively, have you found enough monies to pledge
against the ten million dollar revenue bonds that we need to complete Bayfront
Park, or have you not? Or do you think you're going to find them?
Mr. Garcia: The Special Assessment Collections, the City gains approximately
$3,000,000 a year. From that...
Mayor Suarez: Um-hmm. How much of that is already pledged, for Super Fund,
or...
Mr. Garcia: That money, at this time, is going into the General Obligation
Debt Service Fund. It's not placed to any particular issue.
Mayor Suarez: So far, out of that three million, nothing is pledged?
Mr. Garcia: Not for any particular issue, that is right.
Mayor Suarez: OK, now, isn't there another item on the Agenda today that is
asking us to pledge against the...
38 December 11, 1986
Mr. Odio: The ... to.cover the... the ten million dollars...
Mayor Suarez: ...the ten million for exhibition improvements.
Mr. Garcia: That's a separate issue.
Mr. Odio: That's another item in the Agenda.
Mr. Plummer: Yeah, but that goes a little further, Mr. Mayor.
Mr. Dawkins: You don't even have to worry about that - I know that won't get
passed.
Mr. Plummer: Yes, we're being asked to pledged, and it's because the Sports
Authority does not have the adequate funding.
Mayor Suarez: I understand. I understand the problem, and how they pledged
that they were going to give us the money, and they didn't come through, and
so on.
Mr. Plummer: Well, it's to be reimbursed. Any monies that are called, or
demand upon of our pledge, has to be reimbursed by the Sports Authority.
Mayor Suarez: OK. Now, when you identify these streams of revenues, is there
any chance you might be able to pledge for both the ten and the ten - a total
of 20 - or not? Mathematically.
Mr. Garcia: Yes, that is possible. But again, we're talking about different
issues, different revenue sources being pledged.
Mayor Suarez: I know we're talking about different, but that's why we have to
prioritize. We have two different things we want to do here. And I don't
know, when we take up the other item, if this Commission's not going to say to
you, "We've got to complete the work on the parks," as opposed to, you know,
the ten million dollars for...
Mr. Dawkins: Well, I'm not voting for the ten million for nothing else, I'm
going to tell you all. I want everybody to know that before you get started.
Mayor Suarez: OK.
Mr. Dawkins: I'm definitely not.
Mayor Suarez: You have to come back to this Commission on the...
Mr. Garcia: On the $6,000,000.
Mayor Suarez: ...on Item 21, as far as the actual expenditure of the monies
and the actual pledge. You're just identifying at this point.
Mr. Garcia: Certainly. That's right.
Mr. Odio: Yes, sir.
Mayor Suarez: I don't think you have to be on the Agenda to get this kind of
resolution, but I guess you're trying to get some signal from us...
Mr. Garcia: We wanted to make sure that we have your blessing.
Mr. Odio: We want to know what you want.
Mrs. Kennedy: OK, I move 21.
Mayor Suarez: OK, so moved.
Mr. Dawkins: All right...is this a second?
Mrs. Kennedy: Nobody has seconded.
Mr. Dawkins: Second. Under discussion. Why haven't you collected the
$5,000,000 from the County?
39 December 11, 1986
Mr. Odio: I just heard from John Gilchrist. We're going to get the check.
It is in the process, and it's very slow, these people.
Mr. Dawkins: You know, but, you know, any time they want something, you guys
jump.
Mr. Odio: No, sir.
Mr. Dawkins: OK? When we want something, they don't jump. Now,...
Mr. Odio: We had to draft an agreement. I do know that the agreement
process...
Mr. Dawkins: Well, who didn't draft the agreement?
Mr. Odio: We drafted the agreement, it was signed, it had to go back to the
County,...
Mr. Dawkins: When was it signed?
Mr. Odio: It was about three months ago, if I remember right.
Mayor Suarez: Yes, it was a shile ago.
Mr. Dawkins: Three months ago. Ninety days, and we still don't have the
money.
Mr. Odio: Well, we'll get a report on when we'll get the check, in a few
minutes.
Mayor Suarez: Just the interest on that, over those three months, would have
been a good sum of money. OK. Any further discussion on Item 21? Call the
roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-994
A RESOLUTION IDENTIFYING AND DESIGNATING REVENUES
PRODUCED FROM SPECIAL ASSESSMENT COLLECTIONS AS A
PLEDGE TO SECURE SPECIAL OBLIGATION BONDS ISSUED FOR
THE PURPOSE OF FUNDING CAPITAL IMPROVEMENT PROJECTS IN
CITY PARKS, SAID PLEDGE TO REPLACE A PREVIOUS PLEDGE
OF BAYSIDE SPECIALTY CENTER AND PARKING GARAGE
REVENUES; DIRECTING THAT BOND PROCEEDS BE EQUALLY
ALLOCATED FOR RECONSTRUCTION OF BAYFRONT PARK AND FOR
RENOVATION OF NEIGHBORHOOD PARKS AND THAT NO MONIES BE
EXPENDED OR ALLOCATED FROM SUCH REVENUES UNTIL THE
CITY COMMISSION SHALL HAVE BEEN ADVISED AS TO THE
FACTS CONCERNING THE SALE OF SAID BONDS AND UNTIL THE
CITY COMMISSION SHALL HAVE BEEN FURNISHED WITH A
DETAILED PROGRAM OR SCHEDULE OF ANY PROPOSED
EXPENDITURE OR ALLOCATION.
(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.
40 December 11, 1986
---------------------------------------------------------------------- -------
21A. FORWARD TO MIAMI CAPITAL $1,000,000 (PREVIOUSLY EARMARKED FOR MINORITY
LOANS) IN CONNECTION WITH THE BAYSIDE PROJECT.
21B. ALLOCATE $17,167 TO SHARPTON BRUNSON AND COMPANY, P.A. FOR SERVICES IN
CONNECTION WITH LOAN PORTFOLIO AUDIT OF MIAMI CAPITAL DEVELOPMENTS, INC.
-------- ---------------------------------------------------------------------
Mayor Suarez: The next one that's been pulled is Item...well, Commissioner
Kennedy, you had Item 20? Skipped that.
Mrs. Kennedy: I pulled 20, because I haven't received any reports, and I was
curious to know if you have had an exit conference.
Mr. Frank Castaneda: Commissioner, in this particular case, the City of Miami
was instructed to do an audit on behalf of Miami Capital. The City contracted
Sharpton, met with them. We feel - the City administration feels - that the
audit is complete. There was not an exit conference per se with Miami
Capital. Miami Capital was permitted to review the documents at a meeting
that we had with them and their board.
Mrs. Kennedy: But isn't it a usual procedure to have an exit conference?
Mr. Castaneda: Well, the usual procedure is, that there should be an exit
conference with the person contracting the item. In this particular case, the
City felt that since the Commission had requested that the City enter into
contract, that it was the City's responsibility to meet with Sharpton.
Mrs. Kennedy: And are you totally satisfied?
Mr. Castaneda: I believe that the audit has been completed. I believe that
they have made some recommendations which Miami Capital is following. I
believe that Pablo Perez -Cisneros is doing a tremendous job, in bringing about
tremendous changes in the agency, and I believe that basically what we should
do is, we get under way with the business of Miami Capital, which is that of
giving loans.
Mr. Dawkins: May I ask you a question, sir? What is required of Coopers and
Lyburn before you pay them?
Mr. Castaneda: Coopers and Lybrand is contracted by Miami Capital...
Mr. Dawkins: Whenever Coopers and Lyburn is contracted to do any work for the
City, what do you require of them before you pay them?
Mr. Castaneda: An exit conference.
Mr. Dawkins: Huh?
Mr. Castaneda: An exit conference.
Mrs. Kennedy: So why are you...
Mr. Dawkins: Did you request the exit conference to Mr. Brunson?
Mr. Castaneda: Yes, they did have.
Mr. Dawkins: And did they provide you with it?
Mr. Castaneda: Right.
Mr. Dawkins: So, that's all the Commissioner asked you.
Mrs. Kennedy: Well, why did you say you hadn't?
Mr. Castaneda: Well, but the distinction is, that the exit conference was the
City staff, which we were the contractors, and with Miami Capital...
Mayor Suarez: Well, if we're the contractors, then maybe you ought to pay for
the...
41 December 11, 1986
Now
Mr. Dawkins: No, no, no, no, no, Miami Capital - that's going to come out of
Miami Capital's money.
Mayor Suarez: All right, let me say something here. Mr. City Manager, we're
going to ... We have a related problem with Miami Capital, which is the Bayside
Minority Funding Program of $1,000,000. If we don't get it resolved - and I'm
going to tell this Commission right now - if we don't get resolved the problem
of that million dollars that was allocated, on terms rather unclear, to Miami
Capital - if we don't get that resolved in today's meeting, I'm going to call
a special session of this Commission in December, which nobody's going to
like - maybe nobody will come...
Mr. Dawkins: That's right.
Mayor Suarez: ...to resolve...
Mr. Dawkins: Still won't accomplish anything, Mr. Mayor.
Mayor Suarez: ...to resolve the issue of the minority component... I'm sorry,
the Bayside component of Miami Capital's authority. And we've got to get this
resolved, and I'm asking this Commission now: we've had 25 audits on Miami
Capital; we've had some exit conferences with the City; back and forth
discussions; memos on the functioning of Miami Capital. We have got to make a
decision as to whether Miami Capital's going to be able to function or not,
and particularly as to that million dollars. And I'd ask this Commission
today...
Mr. Dawkins (OFF MIKE): What number is it? Let's move - I'll move it now.
Mayor Suarez: OK.
Mr. Dawkins: I'll move it after this item. What item is that?
Mayor Suarez: It's 20.
Mr. Odio: I think if you instruct us to proceed in giving loans out to the
minority contractors that want to deal with Bayside, that the million dollars
is in place. We have met with the County people,...
Mayor Suarez: You're setting up the regs, or the criteria, for giving that
money out?
Mr. Odio: The guidelines were different, what Deco had and what Miami Capital
had. We met with the County Manager, and we agreed that we should have the
same guidelines, so that people are not confused, and they can go in a
place... if they live in the County, they can apply in the County; if they live
within the City limits, they can come to us, with the same guidelines. We
have done that, we'll come back with a report to you, and we need to start
actually giving loans out.
Mayor Suarez: Well, on a related question...
Mr. Dawkins: What's frustrating to the Mayor is, and it's frustrating, he
admits it - he want to know where in the hell is the million dollars and why
it's not being used, that's all. If the million dollars is there, the Mayor
wants to know, and he wants to know why we're not using it.
Mr. Odio: I see. No, we were instructed to proceed with an audit. The audit
was done. The exit conference was... it happened,...
Mayor Suarez: Are you satisfied that Miami Capital can now function?
Mr. Odio: I am satisfied, now, that I have Ruder and Castaneda there on a
daily basis, and that we're in the process of straightening out the audit
report, and that by January we should have that concluded, and we should
proceed with the million dollars loans to the minorities that want to apply
for Bayside. I do recommend that we proceed with that process.
Mr. Plummer: That's through Miami Capital.
Mr. Odio: Through Miami Capital.
42 December 11, 1986
Mayor Suarez: I will entertain a motion on Item 20 which includes the freeing
up of that million dollars, to be worked through the regulations, or with the
regulations and criteria that you work out, so we can begin the lending for
Bayside.
Mr. Dawkins: And that the director of Miami Capital is the one we hold
responsible, and not the board of Miami Capital.
Mr. Odio: I agree.
Mr. Dawkins: See, the problem I've been having is, that the board of
directors think they own Miami Capital, and we're paying a man to run Miami
Capital. Now, if you're telling me you're going to give a million dollars to
him, and we're going to hold him responsible, you got me. But if you're going
to put a million dollars over there, and the same guys who've been calling the
shots all along, and screwing things up, are going to do it, I'm not for it.
Now, so, what are we going to do, now, here, this morning?
Mr. Castaneda: Well, you know, the director is responsible to the board, the
same as the City Manager is responsible to the Commission.
Mr. Dawkins: Yeah, but it's my million dollars. So, now, who's responsible
to me now?
Mr. Castaneda: No, no, I understand that, but legally, you enter into
contract with the entity, which is the Board.
Mr. Dawkins: OK, I'll tell you... all right,...
Mr. Castaneda: But the director is responsible...
Mayor Suarez: Well, sometimes the board has acted as if they were the
executive director.
Mr. Dawkins: That's right.
Mayor Suarez: And if they ran it like the...
Mr. Dawkins: That's right, thank you. Thank you. OK?
Mr. Castaneda: Well, that's another issue.
Mr. Dawkins: No, it's not another... well, I want to settle all these issues
now.
Mr. Odio: Yes, sir.
Mr. Dawkins: All right, I move that we give the million dollars, and that
when the director of Miami Capital makes a decision, come here to this
Commission, and does not ... I mean, go to his board, let his board do whatever
they want to do, and bring it back here to us, and we'll pass on it.
Mr. Odio: OK, no problem.
Mr. Plummer: Is that each individual loan?
Mr. Odio: Yes.
Mr. Dawkins: Yes....uh,...
Mr. Castaneda: No.
Mayor Suarez: How about the whole package for Bayside - the whole million
dollars?
Mr. Dawkins: Bayside's the least of my worries. I'm worried about everything
else we got to do in the City of Miami, all these other loans.
Mr. Odio: I tell you, I will ask that ... my staff will review the loans, as
they are given to Bayside, to make sure they meet the criteria that we want
for minorities, and I would ask you to let us proceed and give the loans out,
if they meet this check and balances that we would have, with the staff being
there.
43 December 11, 1986
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. I'm not sure that the motion is
understood.
Mr. Dawkins: Well, let's hear the motion. What am I ... before I can vote,
Madame Clerk.
Mrs. Kennedy: It's your motion.
Mr. Dawkins: What did I ... ma'am?
Mr. Odio: May I clarify...
Ms. Hirai: Your motion was interrupted in half, and then the City Manager
continued to express...
Mr. Odio: Can I say that the motion, as I understand it, is that you approve
that we proceed with the million dollars for Bayside minority loans, and that
the staff of the City of Miami will participate with the staff of the Miami
Capital, to check out those loans before they're given.
Mr. Dawkins: Who gives, as J.L. says, on the total package, it'll come back
here?
Mr. Odio: Well, you're going to be approving one at a time,...
Mayor Suarez: No, the total package.
Mr. Odio: You want to wait, to give the money out, before we bring it back
here?
Mayor Suarez: Well, there's not a heck of a lot of time to be doing it. It's
three months. Actually, there's really a month to do it, because they have to
have their financial packages in the next month anyhow.
Mr. Castaneda: Let me...
Mayor Suarez: You're going to have to put that package together in a hurry.
Mr. Dawkins: I know how to settle this. I withdraw my motion. Mr. Manager,
advise us what we should do, please.
Mr. Odio: I think I need your approval to go ahead and give loans out on the
million dollars that we have allocated for minority participation in Bayside,
and that as the committee approves the loans, that we give the money so they
can start getting their restaurants, or whatever, concluded...
Mr. Dawkins: See, well now maybe...
Mr. Odio: ...before the April opening.
Mr. Dawkins: Maybe everybody else...I mean, I have a problem with that, see.
But ... OK, the Mayor has said we got an emergency, you say we got an emergency,
you say we got an emergency. I'll withdraw my motion, and I'll abide by the
wishes of the majority of this Commission.
Mr. Odio: If you wish, to satisfy you, Commissioner, I'll do something
different. I can bring the guidelines of how we give the loans out, to you in
the first meeting of January, and that way you will know what guidelines we
are using, together with Deco, to give the loans out.
Mr. Dawkins: I will say it again, and I'm going to say it slowly, and as
plain as I can: I have no problems with Miami Capital. I think the present
director that we have has come in and stepped into a job, and doing a
tremendous job. I have problems with the board of directors of Miami Capital
thinking that it's their entity and they can do what they want with it, and I
got a problem with that. And until you guys, or somebody, have the board of
directors to understand that that's all they are, is a board of directors,
directing the money that belongs to the City of Miami, and it's not their
private lending institution, and that they've got to take into consideration
44 December 11, 1986
that they don't own it, and they've got to do some concessions, some things,
then I'm with it. So, my problem is not with Miami Capital, it's not with the
present director - it's with the board of directors.
Mr. Carollo: Mr. Manager, under the present leases that Bayside has given out
right now, what percent of those leases are minority?
Mr. Odio: The report that I got from Rouse, as late as two days ago, was that
they have 75 percent of the place occupied; that 50 percent are minorities,
and the minorities are split 25 percent Black and 25 percent Hispanic.
Mr. Carollo: Fifty percent are minority, and 25 percent Black.
Mr. Odio: Yes, sir, of the leases that they have. Twenty-five percent Black
and 25 percent Hispanic.
Mr. Plummer: How many of those leases are depending on that million dollars?
Mr. Odio: None, but they have others waiting. There's one, specifically,
waiting for a loan, and they could have more, if we made the loans available,
so we could fill the place up before April.
Mr. Carollo: So, there's 75 percent occupied, and out of that 75 percent, 25
percent of the 75?
Mr. Odio: Of the 75 percent, 50 percent of that 75 is minority participation.
Twenty-five percent Black, and 25 percent Hispanic.
Mr. Plummer: Well, I think that the logical motion that's got to be made, is
that we immediately forward the money to that authority, which seems to be
Miami Capital, to proceed to issue the loans. Period.
Mrs. Kennedy: I think that's the only fair thing to do, and if you want to
put that in the form of a motion, I'm willing to go ahead and second it.
Mr. Plummer: I don't know what else we can do.
Mrs. Kennedy: I don't see any other solution.
Mayor Suarez: And have their staff work with our staff - not at the level of
the board of directors, at the level of staff, who are the people implementing
these loans, to get those criteria worked out. And you're going to be
supervising all of that process, anyhow. I don't see...
Mr. Castaneda: We're working very close.
Mayor Suarez: It's like we're lending a hundred million dollars instead of a
million dollars. We have a motion and a second. Any further discussion?
Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-995
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION
TO IMMEDIATELY FORWARD TO MIAMI CAPITAL THE $1,000,000
PREVIOUSLY EARMARKED FOR MINORITY LOANS IN CONNECTION
WITH THE BAYSIDE PROJECT; FURTHER REQUESTING THE
ADMINISTRATION TO HAVE MIAMI CAPITAL STAFF WORK WITH
THE ADMINISTRATION TO FACILITATE SUPERVISION OF THE
LOANS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
45 December 11, 1986
0
71
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: Now let's get back to Item 20.
Mayor Suarez: OK. What are we going to do with the $17,000 for payment for
the audit?
Mr. Plummer: I'm going to move that it be deferred until such time as an
exodus conference is held, with all parties concerned.
Mr. Odio: They did have an exit conference, with all parties concerned. I
don't feel that it's fair to hold payment on this company, who have done and
fulfilled their job.
Mr. Plummer: Well, my understanding from Miami Capital is that they have not
had an exit conference with them.
Mr. Odio: That is not correct, Commissioner.
Mr. Dawkins: You know, see, that's the problem, that's what I'm telling you,
see, about Miami Capital, see? They've had the exit conference. I got a memo
in my office where they say they met with the people in that exit ... where they
requested the date.
Mr. Plummer: All right, let me simply turn it around. I move that it be
approved, subject to presentation of both the City and Miami Capital,
indicating that they have had an exit conference.
Mr. Odio: Fine. Give them a letter that it says so, today.
Mayor Suarez: So moved.
Mrs. Kennedy: Second, because I have not received that letter.
Mr. Odio: We'll take care of that today.
Mayor Suarez: Seconded. Want to include in that motion the approval of their
budget for the whole year, so they can get moving on the rest of the loans
they're supposed to be giving?
Mr. Plummer: No.
Mayor Suarez: OK. So moved and seconded. That answers that. Any further
discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-996
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE
PAYMENT IN THE AMOUNT OF SEVENTEEN THOUSAND ONE
HUNDRED AND SIXTY-SEVEN DOLLARS ($17,167) TO SHARPTON,
BRUNSON AND COMPANY, P.A. FOR ITS SERVICES RENDERED IN
CONNECTION WITH THE LOAN PORTFOLIO AUDIT OF MIAMI
CAPITAL DEVELOPMENT, INC. AS OF JUNE 30, 1986; FURTHER
AUTHORIZING THAT SAID FUNDS BE ALLOCATED FROM TWELFTH
02TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
PREVIOUSLY APPROPRIATED FOR FISCAL YEAR 1986-87
ADMINISTRATIVE EXPENSES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
46 December 11, 1986
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.
22. WITHHOLD RELEASING LAND RIGHTS TO DADE COUNTY REGARDING CONSTRUCTION OF
PROPOSED PORT OF MIAMI BRIDGE.
Mr. Odio: Mr. Mayor, we have a report on the 5.9 million dollars, if you want
to hear it now.
Mr. John Gilchrist: First of all, let me say that we had two appraisals, one
at four million and one six point - six million.
Mayor Suarez: We want to know where the money is. We had approved the
settlement.
Mr. Gilchrist: Right. Your Manager negotiated 5.9 million, which is the best
deal we could have gotten. It is a land acquisition process, and they are
preparing the documents necessary between the two, and February is the goal.
Mayor Suarez: That's very interesting, but Carlos told us that we got a
million dollars already.
Mr. Gilchrist: Yes, that was an additional payment.
Mr. Odio: That's something additional, something different.
Mr. Gilchrist: That was an additional payment. It's not part...
Mr. Dawkins: Yeah, but they...
Mayor Suarez: Well, what do you mean, something... wait, wait, wait. What do
you mean, something different?
Mr. Gilchrist: They owed us, the County owed us a million dollars.
Mr. Odio: They owed us a million dollars.
Mr. Gilchrist: From a land transfer.
Mayor Suarez: Oh, that's not related to the acquisition of that land.
Mr. Odio: No.
Mr. Gilchrist: It's not related to the acquisition of that land; but, part of
the deal was that they would give us the million that day, and they did.
Mayor Suarez: And it takes three or four months for the County and the City
to work out a real estate transaction, where we're going to get $6,000,000 and
the County's going to get a piece of land to complete a bridge - something
that's been in the works for I don't know how many years,...
Mr. Gilchrist: Yeah, but their motivation is that they are going to start
construction, hopefully, or...
Mr. Odio: What is this?
Mr. Gilchrist: ...I'm sorry, issue bids, in April.
47 December 11, 1986
Mr. Dawkins: I'll tell you...
Mr. Gilchrist: And their motivation was to get there, so they could have the
land acquired...
Mr. Dawkins: OK, I'll tell you, I'm going to make a motion.
Mr. Gilchrist: And they're holding off, you know, as much as they can, till
the tail end.
Mr. Dawkins: I'm going to make a motion.
Mr. Gilchrist: Yeah.
Mr. Dawkins: I'm going to make a motion, we cease any discussion with Dade
County, to release the rights to that property, until they pay us, they're
showing good faith. All Dade County is doing is holding the $5,000,000 in the
bank, drawing interest, that the City of Miami could be drawing interest on.
Six million. So, I would like to move that we have no further discussion with
them, withdraw the rights to the bridge ... to the landing rights, until they
pay us our money. Now, can we do that, Madame City Attorney?
Mrs. Kennedy: How...
Mr. Plummer: Sure, you can do that.
Mr. Odio: They don't have the rights.
Mr. Plummer: Put it in escrow. Put it in escrow, with the understanding the
escrow interest comes to the City.
Mr. Dawkins: That's right, sure.
Mr. Plummer: That's easy enough.
Mr. Gilchrist: Yeah, we could ask that.
Mr. Odio: We can ask that.
Mr. Plummer: No,...
Mr. Odio: Yes, we can.
Mr. Gilchrist: Order that.
Mr. Plummer: ...he's telling you, don't ask.
Mr. Gilchrist: Yeah, I understand that.
Mr. Plummer: He's telling you,...
Mr. Odio: We will tell him.
Mr. Plummer: ...that's what you're going to do.
Mr. Odio: We will tell him.
Mayor Suarez: That's one way to get at the interest, at least. You know, on
something that we approved three months ago; we would have just given them a
deed, and they would have given us the money.
Mr. Odio: But this is like closing a house or a piece of property. It takes
90...six...four to...
Mr. Dawkins: Mr. Odio, I could go along with that, if we didn't sit here each
day, and have speculators come before us, who bought a piece of property, that
they could not make X dollars on, and they get zoning variances that allow
them to make 3X dollars on their property. So, now, we are allowing the Port
of Miami the right to make more dollars, which we do not even share in,
because they're going to be able to transport more tonnage onto the Port, and
off the Port, and you're going to tell me that this is not like building a
house, or airplane, or bus. It's not, but there's certain things that the
48 December 11, 1986
County has to... the County just got to quit treating the City of Miami like a
stepchild. Tell them I said so.
Mayor Suarez: Maybe we'll get Herb Simon to help in this transaction, move it
along a little quicker. OK.
Mr. Plummer: It's about $350,000 a month interest.
Mr. Dawkins: That's all, that's all.
Mayor Suarez: Just get us the money as quickly as possible, John, and try to
get us, you know, escrow...
Mr. Gilchrist: You can do that by motion?
Mayor Suarez: Right. You have an order from the Commission on that. Item
twenty...
Mr. Dawkins% Eight.
Mayor Suarez: Twenty-seven, I think, Commissioner Plummer...
Ms. Hirai: Excuse me, Mr. Mayor, do we call the roll on that motion?
Mayor Suarez: Yes, call the roll on that.
Ms. Hirai: Need a second, sir. We need a second.
Mayor Suarez: I thought I heard a motion and a second.
Mr. Plummer: Second.
Mr. Dawkins: Move it.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 86-997
A MOTION OF THE CITY OF MIAMI COMMISSION STIPULATING
THAT PRIOR TO THE CITY OF MIAMI RELEASING TO DADE
COUNTY LAND RIGHTS IN CONNECTION WITH CONSTRUCTION OF
THE PROPOSED PORT OF MIAMI BRIDGE, DADE COUNTY MUST
PLACE IN ESCROW, WITH INTEREST ACCRUING TO THE CITY OF
MIAMI, THE LAND ACQUISITION FUNDS ($5,900,000) UNTIL
CLOSING SETTLEMENT.
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.
49 December 11, 1986
23. BEGIN ADVERTISING IN MIAMI NEWS EXCEPT FOR THOSE ADS WHICH ARE EXEMPTED
BY THE CITY MANAGER.
Mayor Suarez: Item 27, Commissioner Plummer.
Mr. Plummer: Mr. Manager, Item 27 is indicating to use a cheaper newspaper.
I don't find anywhere in which what I thought was the basis of a search... do
we have a Manager? Hello? Good morning. Do we have a Manager, for the
second time?
Mayor Suarez: He's involved in consultations over here.
Mrs. Kennedy: He's here, next to Dawkins.
Mr. Plummer: Mr. Manager, in reference to Item 27, newspaper advertising. I
received a memo from you, showing, as I recall, somewhere, about $360,000 this
year alone, and the bulk of that went to one individual newspaper.
Mr. Odio: The Miami Herald.
Mr. Plummer: Yes, sir. I concur with your recommendation, that you use a
newspaper which is cheaper; but, I thought that the instructions of this
Commission was also linked to try to find a way to reduce the size of what the
advertising is.
Mr. Odio: We are doing that.
Mr. Plummer: Well, I don't find anything in the memo, and all you're doing is
getting the cheaper rate, to do so much of what I think is fluff. You've only
done half the job.
Mr. Odio: Well, the City Attorney is working on how we can reduce the size.
In the meantime, we should proceed with this, so we can start saving money
now, and now wait until she's through.
Mr. Plummer: I agree, but I just didn't want this to come up, be approved,
and not do anything towards the other problem, which is the size of these ads
which are being placed.
Mr. Odio: I agree.
Mrs. Dougherty: That's right.
Mr. Plummer: You're looking at, for a year -long activity, at least a half a
million dollars worth of advertising, which is possibly half... the budget of
half the cities in the State of Florida.
Mr. Odio: I know.
Mrs. Kennedy: Mr. Manager, perhaps we can give the administration the
flexibility to decide whether to advertise in the Miami Herald or the Miami
News at certain times.
Mr. Odio: That's...OK,...
Mr. Plummer: That's what this does.
Mrs. Kennedy: OK.
Mr. Odio: If we get that, that's fine, and we can save them that money, then.
Mrs. Kennedy: OK.
Mr. Ron Williams: Let me just say here that this recommendation only
addresses the Herald/News issue. We will bring back to you, very quickly, the
rest of the smaller newspapers.
50 December 11, 1986
Mr. Plummer: Well, let me recommend to you that a half a million dollars in
advertising is ridiculous.
Mr. Odio: I agree.
Mr. Plummer: I don't think that it serves the public, that it has to be put
in such tremendously sized ads, or display ads. Other cities don't do it,
because they don't have the money to do it. And I think that we need to cut
down on the total overall cost.
Mr. Williams: Sure.
Mayor Suarez: It would seem...
Mr. Plummer: I move Item 27, with the understanding that it's only the first
step.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Second. It would seem that the Miami Herald and the Miami News
would do our advertising for free, in return for the use of our sidewalks for
their boxes.
Mr. Plummer: Yeah, they have, Mr. Mayor. They offered that as soon as they
take the snowplows off of Flagler Street.
Mrs. Kennedy: Como se dice "snowplows"?
Mayor Suarez: We'll see this item recurring, I guess, while we don't have
snow in Miami. OK, moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-998
A RESOLUTION DIRECTING THE ADMINISTRATION TO BEGIN
PLACING CERTAIN REQUIRED CITY ADVERTISEMENTS IN THE
MIAMI NEWS, WITH THE EXCEPTION OF THOSE ADVERTISEMENTS
WHICH ARE DETERMINED BY THE CITY MANAGER TO BE PLACED
IN THE MIAMI HERALD IN THE BEST INTERESTS OF THE CITY.
(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: I really do believe that we can work out some kind of a deal
with the newspapers on that. They really are using our right-of-way, and they
don't give us any public services like the television stations do. Maybe we
could out something.
Mr. Odio: Well, they have what they call the business section, and then they
have the Editorial Section, and they have the headline writers, and they have
then Mr. Gillis(?). So, I don't know, they're all divided in there.
Mr. Plummer: Mr. Mayor, I suggest that you go to a course called the "Miami
Herald and Street Vending Machines 101," by the professor Joe Carollo, who has
been through this. He is such an expert, he is now teaching it.
51 December 11, 1986
Mr. Carollo: Well, what are we talking about, here?
Mr. Plummer: Street vending machines that are yellow.
the journalism, necessarily.
Mayor Suarez: Just the color.
I'm not speaking about
Mr. Carollo: Are we dealing with the editorial board, the newsroom, or the
business section, or the nonbusiness section?
Mrs. Kennedy: All of the above.
Mayor Suarez: Yeah, all of the above.
24. AUTHORIZE MANAGER TO REQUEST PROPOSALS FROM MINORITY AND WOMEN -OWNED
BANKS FOR ESTABLISHMENT OF SPECIAL CITY BANK ACCOUNTS.
Mayor Suarez: Item 28 was pulled out by Commissioner Kennedy.
Mr. Dawkins: No.
Mayor Suarez: No, Dawkins.
Mr. Dawkins: Mr. Garcia, how is it ... I mean, you're simply going to accept
proposals from minority banks, correct?
Mr. Carlos Garcia: Right. What we're asking the City Commission to do is
approve this RFP, which we'll send to all banks, and we'll advertise. We're
trying to get three minority banks - Hispanic, a Black, and a woman -owned
bank - to share in the City's banking services. Right now we have all banking
services under contract with NCNB, until December of 1987. This is not
related to investment of funds. Investments is a different banking service;
this is just the regular banking services. What we are trying to do is share
some of that business with some minority banks.
Mayor Suarez: Well, when you say "regular banking service," you're talking
about noninterest-bearing? Because some of these will have interest.
Mr. Garcia: Basically, noninterest-bearing. Basically depository,...
Mayor Suarez: We would have eleven and a half million dollars in noninterest-
bearing accounts?
Mr. Garcia: No, sir. The way this functions is that the monies will go into
that bank, and from there, the money will stay for a number of days, maybe up
to five days, and then will be transferred to NCNB, and that's the same
concept that Dade County uses to share some of their business with the
minority banks.
Mayor Suarez: OK. So, once we get into something beyond just a few days, we
look for interest -bearing accounts in the usual way that we have, which is by
competition, and so on.
Mr. Garcia: Yes, sir.
Mr. Dawkins: OK, explain to me, then, what good is it going to do, to ask the
Black minorities to send in a proposal - proposals - when we've only got one
Black bank?
Mr. Garcia: I know of one Black bank. I don't know if there is anybody else
out there. You know.
Mayor Suarez: Make it singular, at least, you know?
Mr. Dawkins: No, no, well now, I mean, what the hell he got to send a
proposal for? Because he's got to get some work. We need to tell him what
you want.
52 December 11, 1986
Mr. Plummer: Well, wait a minute, that Black bank is not in the City of
Miami.
Mr. Dawkins: Well,...
Mayor Suarez: They've got branches in the City.
Mr. Dawkins: No, they haven't. No, they only have but one.
Mr. Plummer: Don't they have to be in the City of Miami?
Mr. Garcia: Well, in the proposal, we're asking again for banks located
within Dade County. If the City Commission decides to limit that to the City
of Miami, that's an option, sure.
Mr. Dawkins: How many banks...
Mr. Plummer: Well, but I think the point being made is, if you limit it to
the City, there are none. There are no Black -owned banks, and no women -owned
banks; I don't think there's a woman -owned bank in Dade County.
Mr. Dawkins: There's one.
Mr. Garcia: You may be right, yes.
Mayor Suarez: Yeah, there's...
Mr. Dawkins: Or two.
Mayor Suarez: There's a couple, yeah.
Mr. Plummer: In Coral Gables? I mean, what is this - fluff? I mean, are we
doing it just to make it look good, when in reality there's no banks to be
there that can handle it?
Ms. Adrienne Macbeth: Mr. Commissioner, we have not determined that there are
any women -owned banks in the County.
Mr. Plummer: So, what are we doing?
Mrs. Kennedy: There is not one?
Ms. Macbeth: No, there are two banks that have two women on their board, but
they hold a very minority ownership.
Mrs. Kennedy: Are you including Ponce de Leon? Is that one?
Ms. Macbeth: Yes, ma'am. They're classified as an Hispanic -owned bank. They
have a CEO who is female.
Mr. Dawkins: So, what's the need of this?
Mr. Plummer: Well,...
Mayor Suarez: Let's flush them out, and see which ones there are out there.
That's what this does.
Mr. Garcia: That's what we're trying to do. We don't know exactly what is
out there; that's why we need to advertise and figure that out.
Mr. Plummer: Well, you know, flushing them out is one thing. That's half the
battle. The other half the battle is, are these minorities going to
understand the problem of minorities and look favorably on the loans to
minorities in this City? I mean, if we're...you know, if all we're doing is
just funneling them money, the recommendation before this Commission
previously, was that let's quit doing business with people who are not helping
our people. And I don't see anything tied to this, maybe than an
understanding and innuendo, that because they're minorities, they're going to
help minorities.
53
December ll, 1986
Mr. Garcia: Commissioner, may I say that, you're right. This doesn't have
anything to do with the motion that was passed during the last City Comm+.ssion
meeting; this was something that was already in the works.
Mr. Plummer: Well, but I think it should.
Mr. Garcia: Again, we look at the banking services as two different kinds of
services. One is investment services, which is the motion that was passed
last meeting, and we'll address that in the next meeting, and this is regular
banking services. They are two separate types of businesses.
Mayor Suarez: Art, did you want to make a...
Mr. Arthur Hill: Yes, thank you, Mr. Mayor, thank you, very much. Mr.
Plummer, even...
Mayor Suarez: Give us your name and address.
Mr. Hill: Sorry, Arthur Hill, People's National Bank of Commerce, President
and Chief Executive Officer. Even though our physical location is not within
the City of Miami, we do participate in terms of providing credit
accommodations and banking services to the citizens within the City of Miami.
Let me be...
Mr. Plummer: To citizens, or to minorities?
Mr. Hill: Minorities and citizens. We are a nationally chartered bank, so we
can't discriminate against anybody, but our bank is Black owned, and it was
established for the purpose of helping to spur and to continue to support the
economic development of Black citizens within Dade County, within the City of
Miami, and within the State of Florida. We do participate in terms of
providing credit accommodation, banker's services to low and moderate income
citizens within the City of Miami and also within Dade County, so in answer to
your question, although we are not physically located within the City, we do
participate in terms of supporting the banking needs of the minority, low and
income moderate citizens, Blacks, Hispanic, Haitians, you name it, within the
City of Miami.
_ Mr. Plummer: Well, I think you demonstrate that, I think you know, I think
you are entitled to some of the funds. That to me is what we really trying to
get to, is the bottom line, is that we get help for these people that the
others don't want to help.
Mr. Hill: That is the bottom line, Mr. Commissioner.
Mr. Plummer: Well, I think if you can give a demonstration of that, that you
should be considered.
Mr. Hill: I can give you a specific example right here today with Overtown
Economic Development Center, with the shopping center there. We do have
accommodations there. That didn't turn out very well, but we did participate.
Mr. Plummer: I hope your other loans are better.
Mr. Hill: I think they are.
Mr. Plummer: Well, Mr. Mayor, if what, I think the understanding is, so there
is no misunderstanding, is the fact that we are doing this to try to search
out to see if there' are some to make it available, that's fine, but let's
don't kid each other. To put it on an agenda to make it look good for the
media is not the answer, because those things come back to remind you later
on.
Mr. Garcia: That is not my intention, Commissioner. As a matter of fact, we
have to come back to the City Commission before we approve any of the banks.
Mr. Plummer: Yes, but you have put it on an agenda that you are going to give
it to a woman minority owned bank, and from what we are being told, there are
none!
Mr. Dawkins: In the City.
54 December 11, 1986
41 0
Mr. Plummer: No, in the County.
Mrs. Kennedy: In the County.
Mr. Plummer: Did you say in the County? Now, you know, so let's don't kid
ourselves or kid the public. We are not giving a damned thing to a woman
owned bank if there are none. Now, it looks good in the press.
Mr. Hill: I can only speak for my bank, Mr. Commissioner.
Mr. Plummer: I understand that.
Mr. Dawkins: And we hope you are not a lady.
Mr. Hill: I don't think so.
Mr. Plummer: That's fine. Just come back and tell me that there are none.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion. Call the roll. At least we are
flushing them out to see what we can find in Dade County.
Mr. Plummer: We might find some banks for sale to be offered to women.
Mrs. Kennedy: That's right.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-999
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST
PROPOSALS FROM MINORITY AND WOMEN -OWNED BANKS FOR
ESTABLISHING SPECIAL BANK ACCOUNTS FOR A PERIOD OF TWO
YEARS.
(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.
55 December 11, 1986
0 0
25. DISCUSSION REGARDING POLICE VEHICLES, EARMARKED AS PATROL CARS BUT
ASSIGNED TO HIGHER RANKING OFFICERS (See label #31)
Mr. Dawkins: Mr. Mayor. I've got two things I would like to move, item 77
next because you have got a gentleman who has to catch a plane and I would
also like to ask, a personal privilege to ask the Manager. Mr. Manager...
Mr. Odio: Yes sir.
Mayor Suarez: Is that the refunding of James L. Knight?
Mr. Dawkins: Yes. Mr. Manager, this Commission (Joe, you need to hear this)
gave direct orders that you purchase 25 police vehicles, is that correct, sir?
Mr. Odio: Yes, sir.
Mr. Dawkins: Ken, come to the mike, please. Did you purchase 25 vehicles?
Mr. Odio: Yes, they are in service.
Mr. Dawkins: All right, you purchased 25 vehicles.
Mr. Odio: Yes, sir.
Mr. Dawkins: Who are they assigned to?
Mr. Odio: I will have to ask the Chief that.
Mr. Ron Williams: They are not individually assigned.
Mr. Odio: They are assigned to sectors.
Mr. Dawkins: To sectors? All right, I will say it another way. The 25 new
cars are being driven by majors, colonels, lieutenants, sergeants and
patrolmen.
Mr. Williams: Sergeants and patrolmen.
Mr. Odio: That is correct.
Mayor Suarez: How about if we get a listing by this afternoon, who is driving
the 25 vehicles and make sure that they are patrolmen and sergeants.
Mr. Odio: Fine.
Mr. Williams: Sure.
Mr. Dawkins: OK, let me know how many are going to patrolmen, and how many
went to sergeants. OK, but the sergeants weren't supposed to get any of these
vehicles! See, these vehicles were bought for the simple reason that we had
patrolmen who were in unsafe automobiles that were old and needed to be
serviced. Not one sergeant came down here and said he was driving anything
unsafe, and in my opinion, I mean, I can't tell the Manager how to run the
Police Department, but I am a little disturbed that we bought 25 vehicles, and
the majority of them are being driven by sergeants, because it looks like the
guy at the top with the rank is the one who outshines the guy without it, so
bring that back this afternoon, please, sir. Thank you.
Mayor Suarez: Item 32 has been withdrawn.
56 December 11, 1986
4 0
26. PROCEED TO REFUND BONDS IN SUPPORT OF THE CONVENTION CENTER AND PARKING
GARAGE.
Mr. Dawkins: What about 77?
Mayor Suarez: Item 77.
Mr. Dawkins: Item 77, where is Mike?
Mr. Plummer: We were supposed to have a recommendation back from the Manager.
I've not seen it.
Mr. Odio: Mr. Bailey is here and...
Mayor Suarez: Would you tell us if we have the required number of proposals,
that we could act on this, without...
Mr. Dawkins: But, if Plummer hasn't seen it, there is nothing we can do with
it.
Mr. Plummer: Has anybody else seen it?
Mr. Dawkins: No.
Mayor Suarez: I haven't.
Mr. Herbert Bailey: Well, the...
Mr. Plummer: Excuse me. The instruction of this Commission was to send it to
the Manager, who was to go through it, run it by the Bond Counsel and the
Legal Counsel, and come back to this Commission with a recommendation. I've
not seen it.
Mr. Odio: We have done that. This is a discussion item, that we do have it
set at 7:00 p.m., as requested by Commissioner Dawkins, but we have in the
meantime, done our...
Mr. Plummer: So you are saying then, that you are prepared to make a
recommendation?
Mr. Bailey: What we are prepared to, Commissioner, divulge the findings that
we have uncovered, as to whether or not the Knight Center bonds can be
refinanced. We do have all the data and information, and at this Commission
meeting, we just wanted to share that information so this Commission can
recommend as to what we do next.
Mayor Suarez: Not necessarily choosing one company at this point, but,
possibly having you go through the process.
Mr. Bailey: It is not necessary to make a decision today, and what we have
to...
Mr. Plummer: You know, Herb, before you start, OK, I want to put on the
record, that I brought this subject up, what, Mr. Manager, six to eight months
ago?
Mr. Odio: Yes.
Mr. Plummer: From my member on the Knight Center Advisory Board.
Mr. Odio: That is correct.
Mr. Plummer: And I've received two memos from the Administration, telling me
that it was not feasible, OK? Now, keeping that in mind, Mr. Bailey, go
ahead. You know where I am coming from.
Mr. Bailey: I understand, Commissioner.
57 December 11, 1986
4 0
Mr. Plummer: So hold on.
Mr. Odio: No, let me answer that please, if I may, Herb. At the time that
Carlos Garcia and Mr. Bailey reviewed this, the interests were different than
they are today, so the circumstances changed and if we don't do something now,
the window that is there to do this will not be available. So, that is to
answer your question, Commissioner.
Mr. Plummer: That doesn't answer my question, Mr. Manager, only...
Mr. Odio: Yes it does, because at the time we reviewed it, it was not
feasible because of the points. Now they are saying it is feasible because of
the interest having gone down.
Mr. Plummer: There is very little change in the interest between when I got
my last memo, and this, and so let's go ahead, I just want to put that on the
record.
Mr. Bailey: Well, Commissioner, what we have uncovered through our review
with our financial advisor, J. J. Lowrey, Bond Counsel, and from the material
that came from Daniels and Bell, and in security which started us to really
look at this seriously again, that it is possible today to refinance the
Knight Center bonds and we could have a present value saving somewhere between
$2,900,000 to $3,700,000. I have suggested to the Manager and to our
financial advisors that we restructure the present value saving, and do a
front end load, so that in the first seven years, because of our current
stress on the General Fund budget, that we would realize somewhere in the
neighborhood of $600,000 per year savings in the next seven years.
Mayor Suarez: And after that, more or less what, Herb?
Mr. Bailey: And after that, we go onto level savings...
Mayor Suarez: Down to.
Mr. Bailey: ... anywhere from maybe $3,000 to $4,000 down to $790, depending
on the calculations.
Mayor Suarez: In other words, after seven years, almost no savings,
substantial.
Mr. Bailey: Well, very little savings, but there will be some savings. The
total savings...
Mayor Suarez: $700 and some dollars is not savings when you are talking about
a $60,000,000 bond, but OK.
Mr. Plummer: No, we are not talking about a $60,000,000 bond.
Mayor Suarez: Well, we are refinancing $56,000,000, though.
Mr. Plummer: No, no, what do you mean, financing $56,000,000?
Mayor Suarez: Refinancing $56,000,000.
Mr. Plummer: No. The remaining balance on the bonds on the Knight Center is
how much?
Mayor Suarez: I think we are still pretty much at the initial level.
Mr. Bailey: Well, we have two parts, Commissioner. We have serial bonds, and
we have the term bonds.
Mr. Plummer: But, it is $26,000,000, is the total?
Mr. Bailey: $60,000,000 in total. We are refinancing the term bonds because
there is a substantial savings. There is no appreciable savings in redoing
the serial bonds, and refinancing the term bonds...
Mayor Suarez: Just to clarify the question, we haven't really reduced the
principal outstanding on those bonds, almost anything from the beginning,
probably, right? Zero?
58 December 11, 1986
Mr. Bailey: No, no, that is only interest.
Mayor Suarez: All interest so far, and it was $60,000,000 initially, so we
are still at $60,000,000.
Mr. Bailey: Right, and the savings here, really calculated goes back into
our General Fund, mainly because we are annually appropriating an amount out
of the General Fund to cover the shortfall because of the lack of revenue to
cover the full debt service, so what we have here is not only the
restructuring of the debt, that is a substantial savings in debt service, but
we also reflect back to a substantial saving in an amount that we have to
contribute annually from the General Fund to cover the shortfall. So, in
answer to the question that we have been asking for quite some time, is
whether or not we can refinance the Knight Center bonds, and the answer is
yes. We have an opinion from the Bond Counsel that we got yesterday and staff
has certified the fact that the conditions today are the same as they were at
the time the bonds were originally issued, the grandfathering clause
prevailed, and we can legally refinance these bonds.
Mr. Plummer: And you are saying a $2,900,000 to $3,700,000 savings over the
life of the bonds?
Mr. Bailey: Over the life of the bonds, yes.
Mayor Suarez: But that is in terms of present value. The actual savings are
what?
Mr. Bailey: The present value is actually about $5,000,000 or $6,000,000 in
terms of real dollars. We...
Mayor Suarez: Now, approximately $700,000 a year, or $600,000 for the next
seven years?
Mr. Bailey: Seven years, if we structure it that way.
Mayor Suarez: And Mr. City Manager, did I hear you say that you expected the
shortfall for the James L. Knight Convention Center to be reduced to what? I
mean, in the...
Mr. Odio: Our goal for this year was $2,500,000.
Mayor Suarez: Instead of four?
Mr. Odio: That is our goal this year.
Mayor Suarez: Does that include the $600,000 in savings?
Mr. Odio: No.
Mayor Suarez: So we could be under $2,000,000 if we are able to do that?
Mr. Bailey: I hope, if we hit the $2,500,000.
Mr. Odio: That is our target.
Mayor Suarez: And the parking garage component is hopefully going to break
even, hopefully.
Mr. Plummer: Well, when they get Centrust open.
Mr. Bailey: This represents at least a six percent savings, or better.
Mr. Plummer: When he gets Centrust open. That is the key there. Centrust
Building getting open is going to be the key there. When is the Centrust
Building supposedly, officially going to be opened?
Mr. Bailey: Well, the County, if you listen to them, they expect to have them
on the tax rolls January, 1987. I can imagine that the C.O. probably will be
issued sometime this year so that they can begin to occupy. We don't know
exactly. I guess maybe Walter can, with that...
59 December 11, 1986
Mr. Walter Pierce: Mr. Mayor, we are estimating that it will be
substantially complete by the end of February.
Mr. Bailey: February of 1987, sometime early 1987. I don't know and I guess
exactly, it will be on the tax rolls some time beginning of 1987.
Mayor Suarez: What would suggest for the Commission to do at this point? We
are not really ready to approve a particular underwriter.
Mr. Odio: I suggest you instruct the Manager to proceed and try to refinance
and then come back with a procedure
Mayor Suarez: On the basis of the criteria that you have presented to us,
with the front end savings, and so on.
Mr. Odio: And to select the company who would do this according to the law,
and also instruct us to negotiate the fees.
Mayor Suarez: Do you have to go back to us with the final selection you have
made, for final approval of the company, or not?
Mr. Odio: Yes, I would prefer that.
Mr. Plummer: Well, now, the norm is, that there will be, the three top will
be submitted to us and we will instruct you to negotiate this.
Mr. Bailey: If that is what the Commission...
Mr. Plummer: Isn't that the norm?
Mr. Bailey: Well, we normally go out for bids, that ''9• ... I will let the
City Attorney discuss this, because I need an opinion. We have had several...
Mayor Suarez: We normally advertise for bids and in this case the bids will
come in without our advertising and we...
Mr. Bailey: Yes, we have had several very sophisticated proposals presented
to us that indicate that there is a potential savings here and that we should
pursue it. The last one which this Commission directed the Manager to review
came at the last Commission meeting from Daniels and Bell and y Securities,
and I think it was that one that really got us started. Of course, we got
another one just the day before yesterday from the Convention City Board,
which came from Goldman Sachs, which substantiated the other proposals and
they are almost essentially the same, and we have three major firm -.that have
all...
Mayor Suarez: Which is the other one? You have given us two, which is the
other one, Herb?
Mr. Bailey: Goldman Sache, that came from the...
Mayor Suarez: You have given me that... Daniels and Bell.
Mr. Bailey: And M Securities.
Mr. Odio: Goldman Sache came from the University of Miami.
Mayor Suarez: M Securities is a separate proposal?
Mr. Bailey: They are with Daniels and Bell as a team. They are the two
minority firms that have at their own expense, come to the Manager and this
Commission and spent considerable amount of time assisting us in working out
those numbers.
Mr. Plummer: Well, but isn't it reasonable to assume that if you advertise,
you would possibly tease more companies?
Mr. Bailey: It is reasonable to assume, Commissioner, that if we advertise,
we would get more companies to come in and present proposals and then we would
get into a part of whether we would negotiate the best fee, and 'it is just a
matter of what the fee will be, on a competitive bid, as opposed to a
negotiated bid. The management fee, is pretty... we would probably have to
0
60 December 11, 1986
have that, but in terms of the discount on the bonds, that is a competitive
issue that comes out in the bid.
Mr. Odio: The City Attorney is telling me here that we need to go out for
bids anyway, according to law.
Mr. Plummer: Well, then whatever it is, let's do it. Whatever we have got to
do by law, let's try to effect that savings.
Mayor Suarez: And let's not take all kinds of time now to prepare an R.F.P.
We have got two proposals that do what we wanted. Prepare an R.F.P. within
twelve hours that marries those two proposals and get other competitors, other
bidders within the minimum amount that we are required by law. Let's get this
thing done.
Mr. Bailey: We can expedite preparation...
Mayor Suarez: Let's not get into an R.F.P. preparation process now that will
take five months.
Mr. Bailey: We can just advertise for bids. That is just an ad.
Mayor Suarez: Yes, we can begin that right away.
Mr. Bailey: It doesn't have to have an R.F.P. It just advertising to solicit
proposals, and...
Mayor Suarez: Well, I will entertain that in the form of a motion and begin
that process as quickly as possible.
Mr. Plummer: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any further discussion? And based on the
parameters on the two proposals that we have before us.
Mr. Plummer: Well, wait a minute, I don't know whether I have problem with
that or not. Are we saying that we are limiting the R.F.P. to these two
proposals, or possibly that we could entertain one that even might be better?
Mayor Suarez: To make that minimum...
Mr. Plummer: Well, that is all right, making these two proposals the minimum.
That, if someone wants to do better, then they have that opportunity.
Mayor Suarez: Absolutely.
Mr. Bailey: We will just advertise for bids without an R.F.P, and we solicit
and we give them a specified period of time to...
Mayor Suarez: Well, you have to put something in the advertisement. You
can't sort of advertise, "We want to refinance bonds."
Mr. Bailey: No, we will have enough information so that they can prepare...
Mayor Suarez: But we will have something better when these proposals come in,
that is what we are going to be contemplating.
Mr. Bailey: Well, each one would be very competitive. I think the
underwriters understand the size of this issue, they understand the rewards of
this issue, and we are going to get a lot of good efforts.
Mrs. Dougherty: Mr. Mayor, the process would be that the City Manager would
have to interview three different firms and then come back with a
recommendation for you if the fee is over $50,000, which I am sure it is.
Mayor Suarez: That is once the proposals are received?
Mrs. Dougherty: No, that's without having a proposal. He has to go out and
solicit three proposals for this.
;� 61 December 11, 1986
Mr. Bailey: Then you said that we could solicit three without advertising,
and interview...
Mr. Plummer: No, no, that is not what my motion said!
Mr. Bailey: OK, now I am understanding your motion. I was just trying to
clarify your statement.
Mayor Suarez: I think the consensus is to advertise, but to do it with the
criteria we already have on the table, at least as minimum requirements, and
not get into an extended period of outlining an R.F.P., Herb. Whether you go
into a simple advertising or not, that it is up to the staff, but it has got
to at least have some of the elements, to allow these people to propose. Does
that reflect your motion, Commissioner Plummer?
Mr. Plummer% Fine.
Mayor Suarez: We have a second? Commissioner Dawkins?
Mr. Dawkins: Yes.
Mayor Suarez: Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-1000
A MOTION INSTRUCTING THE CITY MANAGER TO PROCEED WITH
THE REFUNDING OF BONDS IN SUPPORT OF THE CONVENTION
CENTER AND PARKING GARAGE ON THE BASIS OF THE CRITERIA
EXPRESSED BEFORE THE CITY COMMISSION ON THIS DATE;
FURTHER AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR
BIDS AND TO INTERVIEW NO LESS THAN THREE DIFFERENT
FIRMS AND COME BACK WITH A RECOMMENDATION.
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.
NOTE FOR THE RECORD: AGENDA ITEM 32 WAS WITHDRAWN BY PENSION BOARD OFFICE.
------------------------------------------------------------------------------
62 December 11, 1986
4
0
27. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED EMERGENCY ORDINANCE
PLEDGING REVENUES FROM UTILITIES TO THE SPORTS AUTHORITY TO SECURE
$10,000,000 NOTE. (See label #35)
Mayor Suarez: Agenda item 33.
Mr. Odio: John? This is the issue of the $10,000,000 to be used for the
James L. Knight and the Grove Exhibition Center's improvement.
Mr. Plummer: Where are we, 33?
Mr. Odio: 33.
Mr. Plummer: 32 has been withdrawn?
Mr. Odio: 32 has been withdrawn by the Pension Board office.
Mr. Plummer: We're on 33.
Mayor Suarez: As you know, it is difficult, really, Mr. City Manager, John,
for this Commission to agree to pledge certain revenues that we get from fees,
or franchises, or whatever, without knowing the total amount of pledging
ability that we have got, and be able to prioritize, as between, you know, at
least two projects that we are aware of. We have got the Bayfront Park
Redevelopment, and we need to somehow shore up the $10,000,000 of revenue
bonds we want to issue for that, and we don't have the Rouse Company of
Baltimore, Maryland, coming forth to guarantee that stream of rental payments,
and we have got the Dinner Key Exhibition Hall, and I think this Commission
has to make a determination if we have enough to pledge for $10,000,000, the
figures happens to be the same.
Mr. Blaisdell: No, Mr. Mayor, let me clarify that for you. The fund that is
being proposed before you today to pledge, is as a secondary pledge. As you
know, the convention development tax...
Mayor Suarez: You hope we never have to actually pay off on it, but the...
right.
Mr. Blaisdell: I think that, yes... the convention development tax...
Mayor Suarez: That the bed tax will be enough to pay for it.
Mr. Blaisdell: Exactly. This is a liquidating pledge, which means in the
event the convention development tax revenue is not enough, then this is when
you would kick in and that would be reimbursed from the Authority. Now, I
think the issue here is whether you... you have a credit facility in place,
and the Commission needs to make a decision whether or not the gain that it
will obtain as a result of using the 410,000,000 for the purposes of improving
the Knight Center, if that's the viable project, or the Coconut Grove, or
Exhibition Center, or a combination thereof, that is the issue that you need
to address, whether given that gain you can obtain, the risk you are going to
take is having to liquidate this pledge.
Mayor Suarez: But we can't do that until you give us a total figure of
pledging ability.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: I don't know how much we can pledge!
Mr. Blaisdell: What, you mean out of the utilities service tax?
Mayor Suarez: Yes, and any other things you come up with at the last moment,
whenever you want to make sure some project goes forth.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
63 December 11, 1986
Mr. Dawkins: When this first came up, Plummer said there was no $10,000,000.
Nobody listened, we got snowed by the Sports Authority and they kept telling
us they had $10,000,000, they have not produced $10,000,000, and now you want
me to make the citizens liable for a promise made by Mr. Ted Turner and the
Sports Authority. I am going to say no, I am voting against this. I mean, I
have all the sympathy in the world with everybody involved, but the people who
said they were going to produce $10,000,000 should be made to produce it, or
go out of business, or whatever they have to do, but whoever comes up with
$10,000,000 a day should own the Sports Authority's franchise, or whatever it
is, but I just don't see why we should pledge monies that we could do
something else with to bail somebody out who promised us $10,000,000.
Mrs. Kennedy: John, let me just ask you something, because there is nothing
more that I would like to do than use this for Bayfront Park, but it is my
understanding that we cannot use this for anything other than the Exhibition,
right?
Mr. Blaisdell: OK, the Authority currently has a place, a subordinate note
facility with Sun Bank. That note facility is only for the purpose of
primary, first of all, temporary or permanent exhibition facility, or any
sports arena, or ancillary use. Those funds that you would obtain from Sun
Bank cannot be used for a park. I think what the Mayor suggested was that
consideration of the pledge, as being utilized as the source of revenue for
another park, but the funds that are in escrow at Sun Bank, can only be used,
and if the Commission fails to approve, or to consider this today, at the end
of this year the escrow period expires, and that note facility will no longer
exist, so the action that the Commission will take today will determine the
ultimate fate of that $10,000,000.
Mr. Plummer: Well, this Commission has already, I think the record will
reveal, that we have already allocated $3,000,000 to the Knight Center, and
that is to acquire the retail space and to provide 26,000 net square feet of
exhibition space in that center, which is sorely needed. It is my
understanding this Commission is also on record that the remaining balance,
whatever that might be, is to be used to make improvements to the Dinner Key
Auditorium. Now, if that is not adequate, I think we have demonstrated by
those two actions, that that money is going to be used for exhibition and
tourist promotion, if that is what the word is, and I think that we are going
to lose a tremendous capability of doing those two things if we don't go
forward. Now, did the Sports Authority, in fact, go over their head in making
promises they couldn't keep? The answer here is yes, and you have got another
item on your agenda today, which is the answer is, they did the same thing
there, and the goodness of their heart, now they want to ask the City of Miami
to build them a parking garage... when hell freezes overl Now, I think that
what we have to do, is to look realistically. I understand Commissioner
Dawkins concern, and it is my concern, that this is a secondary pledge, and
even if this pledge is ever called upon when the first fails, this City
eventually would be reimbursed by the Sports Authority for any monies expended
plus interest. I don't think we have any choice. I am disappointed that
$10,000,000 that they had made a pledge of, is in reality going to be
$8,500,000 in hand. The City already has obligated, we had... what is the
status as this time of the Dinner Key Auditorium? Isn't that...
Mr. Odio: Architects have been picked and they're doing it.
Mr. Plummer: They are at work?
Mr. Odio: Yes.
Mr. Plummer: OK, the only problem... well, I've got a problem with that we
had better talk about, because you know, they were talking about spending
$7,000,000 on Dinner Key, and it ain't going to be there!
Mr. Gilchrist: They haven't begun work on the architecture. We are going to
bring a contract before the Commission. We picked the architect, we have not
brought the... we are working on the program now, sir.
Mr. Plummer; I'll tell you, I want to make damn sure that that architect has
fully understood that that place is to be done, completed, and total cost,
including everything, for the amount of money that is available, not a dime
more, or a dime less.
64 December 11, 1986
4 #
Mr. Gilchrist: Yes sir. I understand.
Mr. Plummer: Now, I just don't see, Mr. Mayor, where we have any alternative.
The alternative is, is not to approve this, and we don't have the money to do
the Knight Center, and we don't have the money to do Dinner Key. I just...
Mayor Suarez: I understand the problem that we face right here. I just think
it is a policy decision, and I want to clarify one more time. Let me phrase
the question this way. Suppose we were going to use a secondary pledge, same
figure, $10,000,000, similar streams of return, in one case we have the bed
tax and in the other case we have the rental fees on Bayside, for the
completion of Bayfront Park. It would have the same effect. Have you thought
of using this $10,000,000 pledging ability, secondary pledge?
Mr. Blaisdell: May I clarify something, Mr. Mayor?
Mayor Suarez: Clarify anything you want.
Mr. Blaisdell: There is no $10,000,000 pledge, OK? There is a $10,000,000
subordinate note facility.
Mayor Suarez: Secondary guarantee, call it anything you want.
Mr. Blaisdell: No, no. The utility service tax, as I recall, I think it is
about $2,500,000, water and gas...
Mr. Odio: Right.
Mayor Suarez: A year.
Mr. Blaisdell: A year. A portion of that is currently allocated to a small
bond issuance which is about to be repaid, and secondary, to a...
Mayor Suarez: That is the super fund, the housing super fund.
Mr. Blaisdell: And then to a $13,000,000 issuance.
Mr. Odio: Wait, excuse me. The answer to your question, Mr. Mayor, is it
your decision if you want to place what we are talking about here...
Mayor Suarez: But, before I make that decision, before the Commission decides
which of the two they want to give their priority to, both of which we want to
do very badly, I've got to have an answer to the question. If, instead of
having this item for Dinner Key, we had it for Bayfront Park, would you be
able to do exactly the same thing with exactly the same funds, and assure the
completion of that park over there?
Mr. Odio: Well, wait.
Mr. Blaisdell: With the utilities tax pledged, yes.
Mayor Suarez: Thank you. In the meantime, I am going to ask you, do we have
any other solutions to the Bayfront Park $10,000,000 revenue bonds? Has the
Rouse Company of Baltimore, Maryland come forth and said they will guarantee
those rental payments? Is there any hope that we will see that?
Mr. Garcia: Mr. Mayor, even if they guarantee their revenues, still, it will
take the same amount of resources from the City, whether it is Bayside
revenues, or...
Mayor Suarez: But, in one case, we have a secondary pledge, and in the other
case we don't. If we get the Rouse Company of Baltimore, Maryland to
guarantee, we don't have to get involved. We have no liability over there.
Mr. Garcia: Yes, sir, we still do. The bonds will be under the City. The
City still will be liable for that. If Rouse...
Mayor Suarez: What good is their guarantee, then?
Mr. Garcia: If Rouse guarantees the pledge, it will make the pledge stronger,
it will give it more credibility with the bond buyers.
65 December 11, 1986
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Mayor Suarez: Are you going to be expecting us to secondarily guarantee, or
primarily guarantee that issue for the park, regardless of what the Rouse
Company does?
Mr. Garcia: That is for the park, yes, sir. It is the City's... yes, sir.
Mr. Plummer: Well, I tell you...
Mayor Suarez: It is a tough decision. I mean, it is the same figure, we have
got two projects we want to complete, and the Commission has to decide.
Mr. Plummer: I don't see where is the problem of the pledge for the park.
What are you going to use?
Mayor Suarez: Well, if we pledge these funds for...
Mr. Garcia: The City Commission already...
Mayor Suarez:... Dinner Key, we probably won't be able to use them for the
park.
Mr. Garcia: Mr. Mayor, as far as this City Commission is concerned, the City
Commission already made the pledge to build the park and to have some revenue
sources pledged to those bonds. All we are asking you to do is instead of
using the Bayside revenues, which the City still will collect, is to use the
special assessment collections, because of problems with the new tax law.
Mayor Suarez: What special assessment collections?
Mr. Garcia: The one that you passed a resolution on, the special assessment
collections would be used to repay those bonds.
Mayor Suarez: What special assessment are you talking about?
Mr. Garcia: The special assessments are monies that go into the General
Obligation Debt Service Fund, and they arrive from different special
assessments that the City makes related to streets and highways and sewers and
so on.
Mr. Plummer: What do you recommend, Mr. Manager?
Mr. Odio: If you want the truth of it, I have a problem paying $9,600,000 in
a liquidated basis. The City will have to pay this, but we don't... I hate to
put the City in a position where they will have to pay the $9,600,000. Is
that the right figure?
Mr. Blaisdell: That is the figure that we, in a worse case scenario, the
aggregate amount of the pledge, Now, that is the predicate. What you are
pledging as a City, you are saying that the utility service tax is there. If
the amount of the cash exposure exceeds the utility service tax pledge, that
is the bank's problem, and the Authority's problem. It is has nothing to do
with the City, so what we tried to do in the scenario that we submitted to the
Commission, was to show you the worst case scenario which could happen but it
is low probability, but the best case scenario, which could happen, you
know...
Mayor Suarez: OK, well now, give me the worst case scenario for Bayfront Park
in getting that bond issue. I hear that we have got other funds that we can
pledge, I hear that we have already given in effect, a City guarantee, but I
don't the bonds being issued, and I don't see the money being available. What
is the worst case scenario on that?
Mr. Garcia: Bayfront Park.
Mayor Suarez: Yes.
Mr. Garcia: There is only scenario in that case, Mr. Mayor, and that is that
the City would pay for the bonds, and the bonds... the debt service on the
bonds will be about $500,000 a year.
Mayor Suarez: The City will pay for the bonds?
66 December 11, 1986
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Mr. Garcia: The City, those are...
Mayor Suarez: Are you talking about General Revenue bonds?
Mr. Garcia: OK, the bonds for Bayfront Park and the other parks and the
neighborhood parks will be City bonds, and of course, the City will be paying
for those bonds like we paid for any other bonds that the City issues, and
debt service on those...
Mayor Suarez: That is not what I am talking... I am talking about revenue
bonds in the amount of $10,000,000 that we were going to get from Bayside
rental payments. That was the idea that Commissioner Kennedy's committee came
up with, and for which we need a guarantor... secondary, primary, tertiary,
whatever it isl
Mr. Garcia: Mr. Mayor, the City was entitled to that revenue from Bayside,
with or without the bonds, OK.
Mayor Suarez: I understand that, but it doesn't... we can't sell the bonds
unless we have that guarantee. John, would you... what is the worst case
scenario over there? We have gotten the worst case scenario...
Mr. Gilchrist: Well, first of all, the Rouse Company is willing to consider
giving us that pledge, but what I am have been told, is that we destroy the
tax free status of the bonds if we use that pledge, because it is considered
to be for the benefit of private enterprise. That is what I have been told
by...
Mayor Suarez: OK, what is the alternative, then?
Mr. Gilchrist: So, the alternative was to pledge other City monies and just
use the rentstream from Rouse to replace that in the other, you know...
Mayor Suarez: Do we have such other City monies that we can pledge You are
talking about special assessments on all kinds of construction throughout the
City?
Mr. Gilchrist: Yes, sir.
Mayor Suarez: Public improvements? I see we never get a figure on the total
amount of assessments that we can pledge on some of these capital improvement
programs. that's the probleml
Mr. Garcia: As I said, Mr. Mayor, the City is collecting approximately
$3,000,000 for that concept every year. Of that...
Mayor Suarez: But, we are putting it right into our General Operating...
Mr. Garcia: We are estimating that we are using about $500,000 for these
bonds.
Mayor Suarez: But, in the past it has been going into the General Fund.
Mr. Garcia: No, the General Obligation Debt Service Fund.
Mrs. Kennedy: Mr. Mayor, I'd like to defer this item until this afternoon.
John, I'd like to meet with you before this afternoon's session.
Mayor Suarez: OK, let's table it until this afternoon. I have no problem
with the concept of going ahead and doing something at Dinner Key. You know,
I don't think the Commission does, but I just want to make sure that we
understand.
Mr. Plummer: I don't have any problem with it.
Mayor Suarez: Yes.
Mr. Plummer: So you want to defer it until this afternoon?
Mrs. Kennedy: Right.
67 December 11, 1986
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Mayor Suarez: She wants to table it, yes.
Mr. Plummer: OK.
28. DISCUSSION AND DEFERRAL OF AGREEMENT WITH FULLERTON AND ASSOCIATES FOR
PLANNING AND DESIGN OF CONVERSION OF EXISTING RETAIL SPACE AT CONVENTION
CENTER.
=-----------------------------------------------------------------------------
Mayor Suarez: Item 34 or 35? 34 I guess Is 34 related to 33?
Mr. Odio: Yes.
Mayor Suarez: Oh no, 34 is James L. Knight. Now, what...
Mr. Odio: Item 34 is the planning and design services for the conversion of
retail space and...
Mayor Suarez: We are not going to be selecting anybody! We can't even
negotiate taking those properties back, are we?
Mr. Odio: We are negotiating that the Knight Center, to take the stores back,
yes.
Mayor Suarez: You told me the other day that it looks like it is going
nowhere, the negotiations.
Mr. Odio: It is very slow, very, very slow.
Mayor Suarez: So why are we going to select the consultant to redesign it, if
we can't even get the property back?
Mr. Odio: Because the developer told you that we eventually will get it back.
It is just that it is too slow. The process has been frustrating, to tell you
the least.
Mayor Suarez: Shouldn't we wait until we have the property before we begin
redesigning?
Mr. Odio: If not, we are going to delay the project for another six...
Mayor Suarez: OK, you are not going to spend any money?
Mr. Odio: No, well, we are going to spend the fees.
Mr. Gilchrist: Spend the architectural fees, which are $210,000, sir.
Mr. Odio: Yes.
Mayor Suarez: To redesign something that we are not sure we can have back?
Mr. Plummer: Who is Fullerton and Associates?
Mr. Gilchrist: They are the architects that we selected.
Mr. Odio: Yes.
Mr. Plummer: By who?
Mr. Odio: By the Selection Committee.
Mr. Gilchrist: The Selection Committee recommended to you and approved.
Mr. Plummer: But, this went through and advertising procedure?
Mr. Gilchrist: We went through the... it is State law, the Competitive
Negotiation Act. They are a local company, they have expertise in exhibition
facilities.
68 December 11, 1986
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Mr. Plummer: What is the largest project they have done locally?
Mr. Gilchrist: I can't tell you that right now. I can find out for you. They
will be here when we go through that, sir.
Mayor Suarez: Are we really going to be out of pocket $210,000, whether we
get that space back or not?
Mr. Gilchrist: Well, unfortunately... you could be the whole thing, I mean,
that could be the worst case, you know, but... it could be a portion of it by
the time we acquire the...
Mayor Suarez: We are into worst case in errors today, yes.
Mr. Gilchrist: Yes, but your commitment, if you make the commitment, it is
$210,000, sir.
Mayor Suarez: That is all to be able to fast track the whole process?
Mr. Gilchrist: And that money is to come out of only if you approve the
$10,000,000. If you don't approve the $10,000,000 from the Sports Authority,
we don't have the authority to enter into the architectural contract.
Mr. Plummer: Well, I think 33 and 34 are tied, so we will have to hold them
both.
Mayor Suarez: Wait, didn't we at one point get the Sports and Exhibition
Authority to agree to the $2,000,000 portion of the $10,000,000?... straight
from their...?
Mr. Plummer: They agreed to give us a check for $10,000,000.
Mr. Gilchrist: They didn't have the ability to do it. They didn't have the
ability to do that, sir. They did say here in front of you.
Mayor Suarez: But, I mean, their...
Mr. Plummer: Yes, they promised, they promised.
Mayor Suarez: That second promise, as to the $2,000,000 was a lot more solid
than the first promise as to the $10,000,000. I thought we had $2,000,000.
Mr. Gilchrist: We didn't have either, sir.
Mayor Suarez: We don't even have the $2,000,000.
Mr. Gilchrist: No, sir.
Mr. Plummer: Well, they all say they are going to resign, I think that's the
best thing that could happen.
Mayor Suarez: OK, I gather the Commissioner would like to have these two
considered together, and they are very intertwined.
29. DISCUSSION AND DEFERRAL OF PROPOSED SECOND READING ORDINANCE OF FINANCIAL
DISCLOSURE REQUIREMENTS.
Mayor Suarez: Item 35. Do we have a quorum? Yes. Item 35, second reading.
Mr. Odio: That is the financial disclosure ordinance. The City Clerk
notified all chairpersons of City Boards to be here. I don't know if you want
to hear from them, Mr. Mayor.
Mayor Suarez: I can see them lining up to tell us that they don't want to
give us a financial disclosure to serve on our boards. I have no problem with
your position. I don't know how the rest of the Commission feels. Go ahead.
69 December 11, 1986
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Mr. Wilfredo Gort: Mr. Chairman, my name is Wilfredo Gort. I reside at 2660
N.W. 14th Avenue. I am here representing a meeting that we had last week of
the Planning and Zoning Board board members. We received the notice on
Friday. I personally received the notice on Friday. We were not aware this
had taken place, that the first reading had taken place until some of the
board members called us and asked us to do a meeting. The reason we had the
meeting is, we felt that after lengthy discussion, they asked us to... both
Mr. Pedro Lopez, who is the chairman of the Planning Board, and myself, to
represent them to be here, and let you know that the problem that we have is
in dealing in the Zoning and Planning Board, we deal with one segment of the
multi -segment of the City of Miami businesses, and for that reason, we do
comply with certain disclosure forms that we have here with the State, County,
and City, that has to do with properties and our main sources of income and
other sources of income, sources of gifts, and so on, and it is quite a lot of
packages we comply with. Now, we feel since we don't have to take a decision
on all the segments of the City businesses, we shouldn't be ask to comply with
the full disclosure. We really believe that the full disclosure by the
members of the different advisory boards that you have in the City of Miami,
and they would not serve any purpose or benefit the citizens of the City of
Miami, and might be deteriorating to your selection of future board members,
so we respectfully request if possible, to have boards excluded from the
ordinance you are trying to pass today. Thank you.
Mr. Plummer: You do receive a salary and other fringe benefits on that board,
right?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Pedro Lopez: My name is Pedro Lopez. I reside at 900 North Venetian
Drive in the City. I am the chairman of the Planning Board, and I am here
representing the board. I really have nothing new to add other than what
Willy has said, just showing my presence.
Mr. Plummer: You do receive a salary on the Planning Board?
Mr. Lopez: Yes, sir.
Mr. Plummer: And other benefits.
Mr. Lopez: And other benefits.
Mr. Herbert Simon: My name is Herbert Simon, I am vice-chairman of the
Planning Advisory Board. Yes, we do receive a salary, I think it is $80 every
two weeks. That pays for the gasoline and to clean the clothes to get here,
Mr. Plummer, but it is a salary. I don't want to be repetitious. I know we
don't like repetition before our board, so you don't like it either, but to be
brief, we do now file the State required form, which is a disclosure form,
although it is not as comprehensive as the one which would be required by this
ordinance. I want to point out to you...
Mayor Suarez: What does it require? It requires that you list any item of
real estate you own, doesn't it?
Mr. Simon: That is correct. Real estate. name and source of income, the name
and source of business entities income, gifts, etc., real property... Mr.
Mayor, yes, has to be listed... intangible person property, and the names of
creditors, of liabilities that are in excess of net worth. It is a form of
disclosure, but it is not anywhere near as comprehensive as the one that you
would require. I did want to point out to you that all decisions that we
make... we are not the City Commission... all decisions that we make are
subject to review and either you agree, or disagree with our decisions here at
the Commission, so we are not a final board of decision. As one of our
members point out, we not only don't take bribes, we have never even been
offered a bribe! We are not in the position of the Commission where we are
that important. I really personally feel that I could not continue as a
member of this board, I don't know if that is a threat or a promise, but I
couldn't continue as a member in the event that you do pass this ordinance and
require full disclosure, which I guess, I am sure all of you had read, and it
really is full disclosure. It is net worth, it is cash in banks, etc., etc.,
and it is just too comprehensive, so I hope that you will turn it down.
70 December 11, 1986
M
Mayor Suarez: You feel that...
Mr. Plummer: Herb, you are aware that there is an alternative?
Mr. Simon: The alternative is to file your income tax form. Yes, sir.
Mr. Plummer: Yes.
Mr. Simon: Beautiful, J. L.l I don't want you to look at my income tax form,
I don't care to look at yours. No, I don't think that is a very good
alternative.
Mr. Plummer: Well, I mean, if you don't care, what is the problem of filing
the alternative?
Mrs. Dougherty: He says he doesn't care to.
Mr. Simon: No, I said I don't... what I mean, maybe I misrepresented... I
don't want my income tax form made public. I could pull the same thing,
everybody always says, I have nothing to hide. You know me, and I think most
of you do know me, I really don't have anything to hide, but I don't want to
make all of my assets and liabilities a public matter, and for what we do on
this board, the work that we put in, the fact that I said it is subject to
review... the salary, please don't make a big issue of the salary, because if
I am wrong in the amount of $80 every two weeks, is that correct, Don?... is
really not a big salary. That about pays for our dinner for us to come out
here, so I wouldn't call it a salary, so I don't think you should base your
decision on that. No, I don't think it propers at this board, I think, well,
I know that a lot of members have already said, on the various boards in
Miami, that the members would resign. It may not be a threat, maybe it is a
promise, because you could replace them with other people, but I think you
would be getting rid of, what I consider, some good people, people who have
made a success of their lives, don't really wish to divulge, for various
reasons, some of them for safety reasons for their family, just don't want to
divulge their net worth, so I really sincerely hope that you will turn it
down. Thank you.
Mayor Suarez: Let the record reflect that Herb Simon feels neglected because
he hasn't been offered any bribes in his capacity as a member of the Planning
Board.
Mr. Donald Benjamin: Mr. Mayor and members of the Commission, my name is
Donald F. Benjamin, I reside at 417 N.W. 6th Street, I am a member of the
Planning Advisory Board. As a matter of fact, my term expires this month. I
don't know if you are thinking of reappointing me, but that is quite another
matter. In any event, I thought it would be appropriate for me to come and
join in supporting the position taken by the Planning Advisory Board, as well
as the Zoning Board. I think it is asking too much of us for the little we
get, and for the sacrifices we make in coming here twice a month, and spending
hours, actually facing insults too from the public at times. I thank you.
Mayor Suarez: To tell you the truth, we have the same problem.
Mr. Benjamin: Yes, but you are in a better position.
Mayor Suarez: The voters apparently didn't agree with you, because they
didn't see fit to increase our meager salaries. Mariano. Thank you for your
vote.
Mr. Mariano Cruz: My name is Mariano Cruz, I live at 1227 N.W. 26th Street in
Allapattah, which is within the corporate limits of the City of Miami. I
serve on the City Wide Community Advisory Board. I am against this ordinance,
in principle. I don't get paid. I've been on different boards of the City,
and the only thing I received from the City was the other day a luncheon, at
Monty Trainers. That is the only thing I received, so it is a matter of
principle of trying of feel secure in my things. I am against the ordinance.
I think all this is about, I think if you require like a paper, a contract.
Whoever is going to do bad, is going to do bad regardless of the amount of
papers and contracts. and law and everything, because you know out there, with
all the laws you see you have a lot of bad people out there, with all the laws
they got on the books, so I mean, you are going to be good regardless, you are
going to be good, and that is it, so I am against that ordinance.
71 December 11, 1986
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Mr. Don Teems: Mr. Mayor, Commissioners, Don Teems, president, Miami
Association of Firefighters. We are opposed to the ordinance also, on behalf
of the civilians who sit on the board, that we think are doing a good job on
the boards that affect us. We are absolutely opposed to it, as it deals with
firefighters sitting on the board. Those people are elected on the Civil
Service Board, and the Pension Board, to represent the employees and this
ordinance calls for those employees to fill full disclosure and we think it is
wrong. We don't think they should have to do that. We think we are going to
lose important people that sit on those boards that understand those boards
that represent us, and we don't think that you should ask them to fill out the
full disclosure. We also agree that on the Pension Board and Civil Service
Board particularly, that the civilian people on there that are appointed by
you are doing a good job, a real good job, and we know for a fact, for
example, the chairman of the board has already told me, and Civil Service
Board, that as far he is concerned, if he has to fill out full disclosure...
Mayor Suarez: Who is that now?
Mr. Teems: Silverman, Jerry Silverman. He has been there for a long time, he
is a very stable person on that Civil Service Board, and he is just not going
to do it, and I don't blame him.
Mayor Suarez: And you want to disclose everything, right, Ken?
Mr. Ken Nelson: No. Good morning, Mr. Mayor and Commissioners. For the
record, I am Ken Nelson, president of the F.O.P. I have to just reiterate the
remarks that you have heard here this morning. We take and ask these people
to sit on our boards to show some concern and commitment to the City. We pay
them a very nominal fee, or no fee at all, and in turn, we are going to turn
around and ask them for all their expertise and help and commitment to this
City, to turn around and do something that I think that is totally unfair,
according to the situation. I would have to go ahead and reiterate that you
are going to lose a lot of people on these boards, and in particular, you
heard of Gerald Silverman, the chairman of the Civil Service Board. I have to
admire and respect the quality and caliber of Mr. Silverman on the board, I
don't particularly always agree with him, because sometimes he goes against
the employees, but I think we would be doing a very serious disservice to the
people who sit on our boards and to the community and to the City of Miami as
well, by passing this ordinance, and I have to respectfully request that it be
turned down. Thank you.
Mayor Suarez: Stuart?
Mr. Stuart Sorg: Mr. Mayor, may I request some information? As a member of
the Waterfront Board - I know the chairman is here - are we subject to that
code also, and...
Mayor Suarez: You would be the way it is drafted now.
Mr. Sorg: Yes, sir, and as an alternative, if you had to pass this, could you
grandfather those people in who are now on the board that started this.
Mayor Suarez: Good try, but no, it wouldn't work. I move item 35, deleting
wording that says, "All persons who serve as members of City boards," and then
has an exception to that. With that deletion, I move item 35..
Mr. Plummer: You are deleting what from there?
Mr. Kennedy: An exception to what?
Mayor Suarez: The wording that says, "All persons who serve as members of the
City boards." There was an exception, which said ad hoc special purpose
boards or committees, but in this motion, I am removing from the requirements
of the ordinance, all persons who serve as members of City boards, ad hoc,
regular boards, compensated boards, or whatever, that is my motion.
Mr. Plummer: Even if they are dealing with public funds.
Mayor Suarez: Well, whatever they do.
72 December 11, 1986
Mr. Plummer: There is a motion, is there a second? There is a motion, is
there a second?
Mayor Suarez: And by the way, I would add that all persons who serve as
outside counsel for all City boards, which is in the existing wording, it is
not a bad idea to have in here, because they do get sizable compensation, if
I remember some of those contracts, and some of the compensation that they do
receive. I think they should disclose their finances.
Mr. Plummer: For the third time, is there a second? Hearing none, the motion
is dead. The floor is open for another motion. I move item 35 as presented.
Mayor Suarez: So moved.
Mr. Carollo: I will second it for the purposes of discussion.
Mayor Suarez: Seconded for discussion. Any discussion?
Mr. Carollo: I am not really sure I understand Xavier. I don't know which
Xavier I am to believe - the Xavier that presented this resolution, or the
Xavier that said in the Tropic article of September 28th of this year, the
following: He said he is worth $80,000 to $100,000 today, but refuses to say
how much he makes in yearly salary from his law firm because, it quotes him,
"This is nobody's business but mine." I am kind of mixed up to know which
Xavier I should believe, whether he wants to really disclose, or whether he
doesn't want to disclose, or whether it is just that he doesn't want to
disclose last year's 185, and doesn't mind disclosing this year's 186. I say
this to you, Xavier, if your intentions in this resolution that you presented
were indeed as honorable as you would like people to believe, particularly
editorial boards and media, and not just a step that was done, knowing certain
things were going to be happening in the future and try to embarrass other
individuals, or think that you were going to embarrass them, and pose yourself
in a holy position, then you should begin the example by handing in your 185
returns. In December of 1985, there was an article, and correct me if I am
wrong in anything that I am going to say, that was written in the Miami Herald
by Fred Tasker in his column, and he quoted your campaign treasurer for the
185 campaign as saying that he was going to raise among your friends a certain
amount, and my understanding was it was some $25,000 to be given as a cash
gift to you, because you had been so busy politicking in '85 that you hadn't
been able to earn enough money to provide adequate for the support of your
family, your house payments, etc. Well, I recollect in 185 it seems that that
was the year that you seemed to have done the best financially, the year that
you bought a, you know, brand new home in Coconut Grove, extra sky, and so on.
Family was driving a Mercedes, many other things, so I think that you should
be an example an show your 185 returns and I have no problems with showing
mine. In fact, if this passes, I will be more than happy to let the media see
my 185 returns. I just invite you to be an example and do the same.
Mayor Suarez: If this passes, I will comply with the law. Any...
Mr. Carollo: But, I am not talking about complying with the law. In fact,
what the Mayor is telling me is that again, he wants to do part, but not all.
What I am saying Xavier, is that if you are really sincere in this, begin by
showing your 185 returns, the returns that you stated in this article,
September 28 of 186, and it is quoting you saying that, "This is nobody's
business but mine," when they asked you how much you made from your law firm.
Mr. Plummer: Mr. Mayor, I'd like to speak for the motion. You know, there is
sometimes a misconception because somebody put's something in writing that
they are going to be honest, when they are really dishonest. That is not the
point that we are coming to here. I think that to be uniform and across the
board, is in the interest of fairness, and I can see the concern of people who
sit on the Zoning and Planning Board, which I sat myself for three years, but
I am more concerned about those areas of people who are handling taxpayer's
dollars. The Pension Board which Don and Ken spoke to, I don't think there is
any question that some of them might resign, but that doesn't say to me that
there aren't other good people out there who would like to serve, and don't
have any problem with disclosing their finances. I think the motion as
presented is a good motion. I think it will go a long way to eliminate
suspicion and innuendos that have always cropped up in the past. It is one
thing to say something to a newspaper, it is another when you talk to I.R.S.,
and when you speak to I.R.S. with your income tax, I don't think there is
73 December 11, 1986
anybody, or not too many people, who are going to state something for the
record that isn't reality. I think the motion is good, I think that it is
something that if we want to really demonstrate full openness in this City
government, it needs to be passed.
Mr. Dawkins: Mr. Mayor...
Mrs. Kennedy: Let...
Mr. Dawkins: Go ahead.
Mrs. Kennedy: Go ahead, Commissioner.
Mayor Suarez: Let the lady...
Mrs. Kennedy: I just want to disagree with Commissioner Plummer. We try to
get the best possible people to serve on our boards, and even people that I
have lined up for other boards, have told me that they will never serve on
City boards. I think that we, as elected officials, must by the nature of our
positions, be held to a higher scrutiny, but I think it is very unfair for
these people who get paid peanuts to be subjected to this ordinance.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Every member of every board that I appointed has assured me that
in the event that this passes, they will resign. That is their privilege. I
am a little disturbed with the bargaining agents, because I have a problem
with all City employees serving in unclassified positions, because members
have to work, but people do not have to serve on these boards, but not a one
of the unions... the people who represent the unions, spoke to this issue.
They only spoke about people on the boards, so therefore, I am not going to...
I was going to ask that that be deleted, but since everybody else seems to be
happy with that, then I will have to go along with the majority and vote for
this. No, no, nol you didn't come down and defend yourself, now you want me
to do itl
Mr. Ken Nelson: Mr. Mayor, it was my understanding that that portion was
going to be deleted, and I was just asking the other union representatives
back there, when Commissioner Plummer said, as read, if that had been deleted
or not. Had I known it had not been deleted, I would have spoke out before.
I don't think it is right that every City employee, from the bottom to the
top, has to fill a full and complete financial disclosure.
Mr. Plummer: Ken, that is not in here.
Mr. Nelson: It is as it is written here. It doesn't say anything about
boards.
Mayor Suarez: The unclassified.
Mr. Plummer: Unclassified.
Mrs. Kennedy: "All City employees serving in unclassified positions.
Mr. Nelson: It doesn't say classified, or unclassified in the ordinance as
written.
Mayor Suarez: Yes. "In unclassified positions." Do you want to address that
portion of it?
Mr. Plummer: Unclassified. Yes, in unclassified positions.
Mayor Suarez: Well, you are looking at the title, but the ordinance does say
unclassified.
Mr. Plummer: Well, OK, it is there.
Mr. Nelson: We do think the City government should be out in the open. We
don't think that because of political squabbles between the Commission, that
it should filter down and punish everybody down below. As a City employee, I
74 December 11, 1986
0 9
am required, through a County ordinance every year, to submit a financial
disclosure, telling what my earnings are that year, and where they come from,
but not a complete financial disclosure of how many cars I own, my house, the
mortgage and etc., etc. I think that to go ahead and require that, especially
on the board members would be a disservice, and as it is written here, it is
the employee that is even at a greater disservice too.
Mr. Plummer: But, Ken, why do you consider this a punishment? You refer to
it as a punishment. I don't understand that.
Mr. Nelson: Because a lot of people that come and serve on these boards, and
you can ask Commissioner Kennedy, because she served on the Civil Service
Board, did it as a commitment to provide a service to this community. You are
turning around and you are telling them now because we are doing this at some
nominal fee, or no fee at all, in the best interest of the City, we are
requiring you to invade your privacy, and to filter all this information out,
and I think that is a punishment.
Mr. Carollo: Well, I can certainly understand how members of the board,
employees and others feel that this is an invasion of their privacy. This
ordinance that we have before us today is requiring of people in the City of
Miami, what no other City government in the State requires of their officials,
elected, or not elected, or employees. From the start, as I stated clearly, I
feel that the intentions of this new ordinance were more political than
anything else, but the point that I am trying to make is, that at the same
time that all of you here, all the others who aren't here, have been calling
us, asking us to exclude you. Because you rightly feel that it is an invasion
of your privacy, and no one is questioning your integrity. What are we, just
the sacrificial lambs? ... and are we to take different approaches at things
than others do? I think that at this point in time, before I could vote to
exclude anyone else from this ordinance, I'd have to think about it, and I
think that I will say this again, if Xavier feels that this is so important,
it should be passed, then he should be an example, and lead in being an
example, in showing his 185 returns, or the other standard that he would like
to implement for his 1985 year.
Mr. Dawkins: Madam City Attorney.
Mr. Carollo: I...
Mr. Dawkins: I am sorry, Joe.
Mr. Carollo: I withdraw my second at this point in time, and ask for a
deferral for the reasons that I stated.
Mayor Suarez: Is that in the form of a motion?
Mr. Carollo: That is correct. I'd like to take additional time to consider
whether a part, or all of the different people that have been brought up as an
addition to this motion should be excluded or not, and to give the Mayor time
to reconsider if he would like to make public his 185 return.
Mayor Suarez: I have a substitute motion that we have the same ordinance, but
delete...
Mr. Dawkins: He said defer it.
Mayor Suarez: Well, there is a motion to defer, I don't know if anybody
seconded it.
Mr. Dawkins: But he withdrew his second, so there is no second to withdraw
the motion.
Mayor Suarez: OK, I have a motion to pass the ordinance on second reading,
excluding all those employees serving in unclassified positions, and all
persons who serve as members of City boards, whether they be compensated or
not, and I so move.
Mrs. Kennedy: And I second.
Mr. Carollo: Again, I requested a deferral. I don't believe I asked for any
deferral in this matter since the time it has come up.
75 December 11, 1986
Mrs. Kennedy: Well, I have a problem. If you are requesting a deferral, I've
always voted with a Commissioner who has requested that. My position is the
same as it was the last time. I don't think that people who serve on City
boards should be included, and I don't believe that City employees should be
included.
Mr. Carollo: That's right, I understand that some members would...
Mrs. Kennedy: But, if there is a Commissioner here who wants a deferral, I
have to go along and vote for it.
Mr. Carollo: Some members of the Commission have expressed their opinion that
they want to exclude different members. I cannot vote on that now, because I
have to really give it some more thought to see whom we could actually
consider to maybe leave out and maybe we shouldn't leave anybody out.
Mr. Dawkins: Madam City Attorney...
Mayor Suarez: We have a motion to defer. Is that in the form of a second,
Commissioner Kennedy?
Mrs. Kennedy: That is correct.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: What?
Mayor Suarez: Do you want to make a statement, or ask a question of the City
Attorney?
Mr. Dawkins: Has the deferral been seconded?
Mayor Suarez: Yes. I am voting against the deferral, I mean, I have to tell
you that. This matter has been before us I don't know how many times. Anyone
who hasn't considered it by now, is because they are not doing their homework.
Go ahead, Commissioner Dawkins.
Mr. Dawkins: I'm going to vote with this motion here only, so I don't know, I
mean, I don't know what they're doing but anyway, what is the difference,
Madam City Attorney, between what we have before us, and in what the State...
Madam City Attorney, what is the difference between what we have before us
now, and what the State of Florida requires that individuals on boards, etc.,
declare?
Mrs. Dougherty: Mr. Commissioner, this ordinance goes beyond the State of
Florida, plus the Dade County ordinance. Dade County, for example, requires
you to list your sources of income, your stocks and bonds, and securities,
housing, whatever. This ordinance requires you to list your net worth by one,
listing every asset you have over $5,000, every liability over $5,000,
including household goods, and, further, then including a net worth statement
including everything within $5,000.
Mr. Plummer: That is what is required now by the State.
Mrs. Dougherty: No, it is not.
Mrs. Kennedy: How about the State? What does the State require?
Mr. Plummer: The State requires it.
Mrs. Dougherty: No._
Mrs. Kennedy: Madam City Attorney, what does the State require?
Mrs. Dougherty: The State requires, again, the source of income.
Mrs. Kennedy: I think we have our answer right here.
Mayor Suarez: Any liabilities that may exceed your net worth, in other words,
if you are insolvent, as far as I can tell.
76 December 11, 1986
Mr. Dawkins: Now, what happens, when I file...
Mrs. Dougherty: The State again, requires a quarterly client disclosure form,
which requires certain clients to be disclosed.
Mr. Plummer: They could have fun with me, if they want to go check with them,
right?
Mayor Suarez: Verified by affidavits from the clientst
Mr. Dawkins: OK, well, what happens in the case where I determine "X" value,
and whoever... the newspapers look at it, and they determine it is worth two
"W.
Mrs. Dougherty: Well, it is not what the newspaper determines.
Mr. Dawkins: Well, I mean, that is the only one that is going to look at it,
I mean, the rest of the citizens don't care.
Mrs. Kennedy: That's what you think!
Mr. Dawkins: They don't! I mean, the only way they are going to know about
it is when they put it in the newspaper. Then they become concerned. No
issue is raised until the see it in the media. And then I have got to prove
why I think it is one "1X11, but the newspaper never has to prove why they
think it is "2X".
Mr. Plummer: You don't have to prove it.
Mr. Dawkins: Oh yes, I do, when they get through with me in the newspapers,
yes, I will!
Mr. Plummer: It has never worried you in the past. All right, what is the
motion on the floor?
Mayor Suarez: We have a motion to defer the item, and a second.
Mr. Dawkins: I'll second it.
Mayor Suarez: Any further discussion?
Mr. Dawkins: All right, I'll defer it, but I...
Mayor Suarez: Call the roll on the motion to defer.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-1001
A MOTION DEFERRING CONSIDERATION OF A PROPOSED SECOND
READING ORDINANCE IN CONNECTION WITH FINANCIAL DISCLOSURE
REQUIREMENTS FOR FURTHER STUDY AND CONSIDERATION.
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.
NOES: Mayor Xavier L. Suarez
ABSENT: None.
(NOTE: ALTHOUGH COMMISSIONER PLUMMER AT FIRST VOTED "NO" ON THE MOTION, HE
LATER CHANGED HIS VOTE TO "YES" AS SHOWN IN DISCUSSION HEREINBELOW)
ON ROLL CALL:
Mr. Plummer: I am going to vote no, because the present ordinance in front of
me is acceptable.
77 December 11, 1986
Mr. Dawkins: Yes, but you are not voting... this has been amended, in the
motion that you are voting for.
Mr. Plummer: No, no, this motion that we are voting for is only to defer the
entire item.
Mr. Dawkins: No, wait a minute, hold it now. What was your motion, Mr.
Mayor?
Mayor Suarez: It was Commissioner Carollo's motion to defer the entire item.
Commissioner Plummer is saying that he is voting against the deferral because
he has no problems with the proposed ordinance on second reading without any
changes, as I have proposed.
Mr. Plummer: Exactly.
Mr. Carollo: It is just the whole point, J. L. You have two frames of
thoughts here now, apparently. One, that is in favor of the whole ordinance,
like it is now...
Mr. Plummer: Yes.
Mr. Carollo: Some others who want to delete. What I am saying is, that I
want to take some additional time to decide if I am going to be willing to
delete anybody, or not.
Mr. Plummer: Well...
Mrs. Kennedy: Commissioner Dawkins, the motion, on the floor by the Mayor
wants to exclude is City employees, and the City boards. I seconded that
motion.
Mr. Dawkins: That is what I am saying!
Mrs. Kennedy: Right, however, when Commissioner Carollo asked for a deferral,
I think it is an unwritten rule, at least every time I have asked for a
deferral, everybody has voted with my motion, so I will have to go ahead
and...
Mr. Dawkins: No, that is a written rely, because I have asked for deferrals
and didn't get them, so don't let them fool you and say that anytime a fellow
Commissioner asks for a deferral, he gets it.
Mr. Plummer: Madam City Clerk, what is the motion?
Mrs. Kennedy: If it is reasonable...
Mr. Plummer: Madam City Clerk, what is the motion we are voting on?
Mayor Suarez: Thank you, now we are going to my standard. Commissioner
Plummer.
Mr. Plummer: What is the motion we are voting on?
Mayor Suarez: Motion to defer.
Mrs. Kennedy: Deferral.
Mr. Plummer: To defer the item as presented?
Mrs. Kennedy: Yes.
Ms. Hirai: To defer the item for further consideration, yes.
Mrs. Dougherty: As presented.
Mr. Plummer: This is second reading.
Mr. Dougherty: Yes.
Ms. Hirai: Pardon, sir?
78 December 11, 1986
0 0
Mr. Plummer: This is for second reading.
Mr. Carollo: Second reading.
Mr. Plummer: All right, I am going to change my vote. I am going to vote for
the deferral, but I want to tell you, the minute you start to water it down,
there is no end, and as far as City employees are concerned, in the
unclassified position, they have received a privilege, and for every
privilege, there is a responsibility, and I am very much in favor of all, who
have in any way control of taxpayer's dollars to be included. I don't see
anything wrong with making this whole thing as presented, law. I have no
problem with it, and I will fully comply, but I will go along with the
deferment, but I am putting on the record where I stand.
Mr. Dawkins: I am going along with the deferment for one reason, but if it
doesn't come back just like it is, I am not going to vote for it. If it comes
back just like it is, then you have got my vote. If it is more watered down,
I don't vote for it.
(AT THIS POINT, THE CITY CLERK CONTINUED THE ROLL CALL OF COMMISSIONERS
KENNEDY, DAWKINS AND MAYOR SUAREZ)
30. ENDORSE GENERAL ANTONIO MACEO FOUNDATION INC. IN ITS FUND RAISING EFFORTS
FOR GENERAL ANTONIO MACEO PARK (See label #10)
Mayor Suarez: Item 36.
Mr. Odio: Commissioners, Mr. Mayor, please, there was a gentlemen here who
wanted to address item 12.
Mayor Suarez: Oh, I am sorry, yes.
Mr. Odio: And I don't know where he is.
Mayor Suarez: Please, item 12. We made you wait a little longer than you
should have had to wait.
Mr. Odio: Is he here?
Mayor Suarez: Yes, he is here.
Mr. Sanford Z. Cohen: Could I ask that we wait?
Mayor Suarez: We have not voted on item 12, so there is no... Do you have
any problem with our endorsing, and encouraging the Foundation to engage in
fund raising efforts to improve that park?
Mr. Cohen: Let me say that... first of all, to confirm my letter...
Mayor Suarez: Give us your name and address.
Mr. Cohen: My name is Sanford Z. Cohen. Is there a quorum? Is there a
quorum?
Mayor Suarez: There is a quorum. There are four of us in the room.
Mr. Cohen: OK, the name is Sanford Z. Cohen, I reside at 1510 S.W. 15 Street.
I first want to confirm my letter that I hand delivered to the office of the
Mayor, the Vice -Mayor, the Commissioners and the City Manager, requesting a
public hearing on this item number 12 of today's meeting. I am here at this
moment to ask that this item be transferred for a public hearing.
Mayor Suarez: What do you want the Commission to do, or not to do, in regards
to item 12?
Mr. Cohen: To transfer it to, or for a public hearing.
79 December 11, 1986
0
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Mr. Dawkins: From the consent agenda to a public hearing.
Mayor Suarez: This is a public hearing.
Mr. Cohen: An advertised public hearing.
Mayor Suarez: On a resolution encouraging and endorsing the fund raising
efforts of the private foundation, you want a public...
Mr. Cohen: This is public property.
Mayor Suarez: ...fully advertised public hearing on that?
Mr. Cohen: This is public property.
Mayor Suarez: Well, they are only going to use it as a park.
Mr. Cohen: The park is public...
Mayor Suarez: And we had public hearings prior to this. The naming of that
park... they are not going to change the use of it as a park.
Mr. Cohen: I am simply requesting that this item be transferred to a quote,
"public hearing," advertised public hearing. It involves the use of public
property. It most likely dovetailed with the expenditure of public funds.
Mayor Suarez: You know, I will tell you what. I will reach a compromise
here. I will suggest to this Commission that we withdraw item 12 from
consideration. I will, as Mayor of Miami, encourage, and endorse the fund
raising efforts of the Antonio Maceo Foundation, Inc., and I will so inform
them, and it will have the same exact effect. I mean, this is a purely
symbolic resolution here.
Mr. Cohen: My response would be that we encourage public debate on the use of
public property, and whatever, whatever...
Mayor Suarez: It is going to be used as a park. It is a park, and it will
continue to be used as a park.
Mr. Cohen: So, you say. Nevertheless, I am still asking that this item be
transferred for a public hearing.
Mayor Suarez: All right, what would the hearing be on, I don't understand.
What do you want to have a hearing on? You are entitled to a personal...
Mr. Cohen: The item number 12, I am not interested in offering the language
of the proposal as it is printed on the agenda. I am simply asking that in
its entirety it be heard at a public hearing, so that the public...
Mayor Suarez: Does it make any sense? Commissioner.
Mrs. Kennedy: It is very seldom that we get private donations to come in and
voluntarily give us money to fix something. It just doesn't make any sense to
me.
Mayor Suarez: Does it make any sense to have a public hearing by advertising
this item?
Mr. Dawkins: Well, Mr. Mayor, this has been a public... it had two public
hearings on this, and...
Mr. Cohen: So, right Advertise in the papers. Excuse me.
Mr. Dawkins: I didn't interrupt you, sir.
Mr. Cohen: I am sorry.
Mr. Plummer: But, sir, what is your problem?
Mr. Cohen: No problem! I don't know if I would categorize it that way, but
my reason for being here...
80 December 11, 1986
Mayor Suarez: What is your objection, or what is your proposal different from
what is being done that would require us to have a public hearing?
Mr. Plummer: Debate what? Debate what?
Mayor Suarez: To debate what?
Mr. Cohen: This item involves public property, it involves the expenditure of
public funds, and I appreciate the...
Mr. Plummer: As any other park, air.
Mayor Suarez: No, we are just maintaining the park like any other park.
Mr. Cohen: Does it?
Mr. Plummer: Yes.
Mr. Cohen: Perhaps. My point simply is that yes, even if there is the
exception... exceptional involvement of private funds, which I understand,
simply as Commissioner Kennedy has stated even more so deserves just exposure,
and I can't understand the resistance to a public... to inviting the community
to shift, to expand, to expand...
Mayor Suarez: I want to know what that public hearing we are going to
advertise is going to deal with. That is what I am asking you to suggest.
Mr. Cohen: That, I did...
Mayor Suarez: I am not going to have a public hearing... this Commission is
not disposed to have public hearings unless we know what they are going to be
about.
Mr. Cohen: Just as it is written.
Mayor Suarez: Beg pardon?
Mr. Cohen: Just as it is written. I am not asking you to change the language
of it. I am simply asking you to...
Mr. Dawkins: Yes, but...
Mayor Suarez: I am ready to withdraw this item altogether. There is no need
for the item, really.
Mr. Dawkins: OK, but...
Mr. Cohen: Well, I don't agree.
Mayor Suarez: That doesn't satisfy you, OK.
Mr. Cohen: Well, I don't agree. I think my request is reasonable to do...
Mr. Dawkins: OK, fine, let's hear from Mariano Cruz.
Mr. Mariano Cruz: My name is Mariano Cruz, I reside in the corporate limits
of the City of Miami. I am not for having a public hearing on this item on
anything, because at the time that we need more inner-city parks, maybe not so
much money, but that is N.W. 7 Street, or maybe
some people got concerned about having the name Antonio Maceo. You can leave
the name, it doesn't make any difference. Maybe that is... some people are
concerned about it, that is going to be a park just for the Cuban people, or
for the Maceo people, or whatever.
Mr. Cruz: It is a park that is in the City of Miami, inner, city park, that we
need that! We need not to dillydally with all the deferrals, we need the
money in the parks
Mayor Suarez: And this item really doesn't deal with that. We are going to
continue maintaining the park, and the...
81 December 11, 1986
Mr. Cruz: Right, it doesn't need a public hearing. It is not a matter of
zoning, or planning, or whatever.
Mrs. Kennedy: Sir, let me ask you something. When the Coconut Grove Chamber
of Commerce wanted to improve Peacock Park, why weren't you here then?... why
with Antonio Maceo, and not with the Peacock Park?
Mr. Cohen: Commissioner Kennedy, I am here at this moment to discuss the
matter before us. In all due respect, I am not sure your question is
relevant.
Mrs. Kennedy: Well, you wanted a public hearing now, why didn't you want one
then? Is it because it...
Mr. Cohen: That is correct. I think your question, in all due respect, is
just not relevant.
Mr. Plummer: Well, I'll tell you what. Mr. Mayor, why don't you declare this
right now a public hearing and let him say anything he wants to say in a
public hearing. I...
Mr. Cohen: No, I...
Mayor Suarez: Because he seems to want to advertise and have people coming
up.
Mr. Plummer: But, I don't understand what his point isl
Mayor Suarez: I don't either.
Mr. Dawkins: All right, I agree with the Mayor. I second Commissioner
Plummer's motion, and then if the gentlemen has something concrete that we can
hold people to discuss, then we do it. If not, then I'll move that we not
have a public hearing, sir.
Mayor Suarez: What would the public hearing be about. What would...?
Mr. Cohen: I'd like to answer that. I'd like to answer...
Mayor Suarez: That is what the Commissioners want to hear. In other words,
we are having a public hearing now. Why would you want to have another public
hearing on, advertise, and so on?
Mr. Cohen: A gentlemen expressed his opposition to public discussion just a
second ago...
Mayor Suarez: Don't worry about that. We are not acting on that.
Mr. Cohen:... and there is an atmosphere in this community; where the value of
discussing in the eyes of the public, is somewhat restricted. I would like,
among other things, and this is really secondary to dispel that, this is
public property...
Mayor Suarez: But most cities would not even have public hearings on the
naming of a park. We have had three hearings, I think, on the naming of this
park.
Mr. Cohen: Whatever, I feel that this...
Mayor Suarez: You want to have another public hearing on the naming of the
park, is that what bothers you?
Mr. Cohen: But, this item deserves a public hearing.
Mayor Suarez: I still don't know, on what issue?
Mr. Cohen: The issue on its face. The issue, read it, the issue on its face.
Mayor Suarez: On the encouragement of a foundation to raise monies to improve
one of our parks, you want a public hearing on that?
82 December 11, 1986
0
Mr. Cohen: Whatever it says. I am not trying to change the language, I am
just requesting that this be transferred...
Mayor Suarez: We have public hearings on matters that will lead to Commission
action, and I can't see what Commission action would be there. We can't tell
them not to raise funds.
Mr. Dawkins: No, Mr. Mayor, I think, air, you know, I have no problems with
this, see. The problem I have with it is that you were here when we had
public hearings on this, OK? You have been in on...
Mr. Cohen: On what? On what?
Mr. Dawkins: On this park...
Mr. Cohen: No, sir.
Mr. Dawkins: Oh, yes.
Mr. Cohen: No, sir.
Mr. Dawkins: Yes.
Mr. Plummer: All right, I've got your answer. Mr. Mayor, I move item 12, and
that a public hearing be scheduled for the next Commission meeting. This
Commission can always reverse itself, if something is brought out in a public
hearing, to affect this item, but I move item 12 today.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Second. It is going to cost a little bit of money in
advertising, which you requested, but I have no problem with it. Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1002
A RESOLUTION ENDORSING AND ENCOURAGING THE GENERAL ANTONIO
MACEO FOUNDATION, INC., IN ITS FUND-RAISING EFFORTS FOR
THE DEVELOPMENT AND OPERATION OF GENERAL ANTONIO MACEO
PARK, A CITY PROPERTY LOCATED AT 5115 N.W. 7 STREET,
MIAMI, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
ON ROLL CALL:
Mrs. Kennedy: I'm sorry, I didn't hear the motion.
Mayor Suarez: We are going to have a public hearing on item 12.
Mr. Plummer: We are approving it today, but having a public hearing later.
Mr. Dawkins: I'm sorry we didn't get to you earlier, sir.
83 December 11, 1986
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------------------------- -------------------------------------------------
31. DISCUSSION REGARDING POLICE PATROL CARS (See label #25)
------------------------------------------------------------------------------
Mr. Odio: I have the report for you on the 25 police cars. It takes two
second if you want it.
Mr. Dawkins: I need it. Yes please.
Col. Walter Martinez: Col. Walter Martinez, Miami Police Department. Mr.
Dawkins, the decision to give the vehicles to the sergeants... 19 vehicles
were given to sergeants, four to the lieutenants...
Mr. Dawkins: Wait a minute, what now?
Col. Martinez: The 25 vehicles.
Mr. Dawkins: Yes.
Col. Martinez: Nineteen of those vehicles went to sergeants.
Mr. Dawkins: Why?
Col. Martinez: OK, the reason being, decision was made, these are four barrel
carburetor vehicles, OK. We have had a lot of accidents with the two barrels.
We wanted to insure that we didn't provide a vehicle which had higher horse
power, higher performance, out in the street to the police officers. We were
concerned with their safety and property damage of these vehicles. Another
item that was taken into consideration was the fact that these vehicles use up
more gas than the two barrel carburetors.
Mr. Plummer: Then why did you buy them in the first place?
Mr. Odio: That is all... they were available in the market to get immediate
delivery.
Mr. Dawkins: That is poor planning on the Manager and the Police Department.
Mr. Odio: Yes, sir.
Mr. Dawkins: That is very poor management, OK?
Mr. Odio: Yes, sir.
Mr. Dawkins: Now, I will not accept an explanation that I've got a lot of
policemen who used that money to make policemen that ain't got sense enough to
drive a damn four barrel car, OK? I will not accept that. So, what you are
telling me is, we have got a bunch of dummies who cannot operate a car with a
four barrel carburetor on it, and the only one who has got the intelligence to
do it is the sergeants. That is what you just told me.
Col. Martinez: I never said that...
Mayor Suarez: I feel exactly the same way, Colonel. I can't accept that.
That can't be the explanation.
Col. Martinez: Well...
Mayor Suarez: You have got 25 cars. You told us 19 are going to sergeants,
four to lieutenants...
Mr. Dawkins: And one to a mechanic. Now, what does a mechanic need with a
new automobile to ride around in?
Mayor Suarez: So, what about the patrolmen that we were supposed to make sure
that had all kinds of... that had new...
Mr. Odio: We have placed... we are in the process of ordering at this
moment, and we have, what, 190 cars that have been ordered.
84 December 11, 1986
Mr. Dawkins: Well, I can't tell you how to run your department, Mr. Manager,
but it would please me greatly if you take those 19 vehicles from those
sergeants and give them to the men in the streets and give the sergeants the
cars that the men in the streets are driving, until you get the rest of them.
Now, that would please me greatly. I cannot make a motion to that effect, but
it would make my heart feel easier.
Col. Martinez: We provided the sergeant's vehicles, the vehicles the
sergeants have, which were in good shape, and were two barrels. We gave those
to the men to drive. I never...
Mayor Suarez: How many of those, Walter?
Col. Martinez: It was 19. We gave those 19 sergeants cars which were two
barrel carburetors.
Mayor Suarez: Well, the sergeants are patrolling like any patrolman.
Col. Martinez: Yes, but they...
Mayor Suarez: None of those sergeants are behind desks, presumably are
getting a brand new car.
Col. Martinez: Right. That is correct.
Mayor Suarez: What about the lieutenants?
Col. Martinez: The lieutenants also go out in the streets after they...
Mr. Dawkins: OK, explain one more thing to me, then. If the sergeants are
patrolling, just like the policeman is patrolling, how is it going to save gas
when they are both patrolling?
Col. Martinez: They drive less, Mr. Dawkins, because they have also
administrative duties to perform.
Mr. Plummer: Well, why can't they do that in a compact, Walter?
Col. Martinez: Excuse me, sir?
Mr. Plummer: Why can't lieutenants and above do it in a compact?
Mrs. Kennedy: Because they don't patrol.
Mayor Suarez: The purpose was to protect the patrolman who was out there in
one case, and in the case of David Herring, that was stationed out there,
patrolling an area.
Mr. Plummer: That is not my point, Mr. Mayor.
Mayor Suarez: That's a good point.
Mr. Plummer: My point is, lieutenants do not patrol, captains don't patrol,
so provide from lieutenants and above, with a compact car, they don't need a
full sized car and free up those other cars to put them into service in
patrol, I think is what is being said.
Mr. Odio: Well, just for the record, we did remove 25 old cars from service.
They were to be sold. They are not in service. These 25 cars accomplish what
we were trying to do.
Mayor Suarez: Who was driving those 25 cars, the ones that were removed from
service?
Mr. Odio: The old cars that were removed were being driven by patrolmen in
the streets and they were removed.
Mayor Suarez: And they got a hand down instead of getting a new car.
Mr. Odio: They got a newer car than they had, and they are safe cars.
85 December 11, 1986
Mr. Plummer: Well, Cesar, still in all, why do you need from lieutenants and
above any more than a compact car?
Mayor Suarez: That is a very good suggestion, a very good question.
Mr. Plummer: Walter, give me an estimation from lieutenant and above, and how
many full sized cars do you have?
Col. Martinez: We have approximately... you have about six lieutenant's cars,
and you have the majors in patrol, which are four majors, but they are opting
right now for the other plan. They are turning in their City vehicles and
buying their own vehicle and getting the car allowance, so I can't really give
you how many at this time have City issued vehicles.
Mr. Plummer: Well, to me the smart thing to do would be to take and buy
compacts for lieutenants and above, and give the regular cars full sized cars
to patrol. That makes sense to me.
Mr. Odio: All right, we will look at that. We are looking at that right now.
Col. Martinez: There is a plan to buy some compact vehicles.
Mr. Odio: We have a bid out and the first one we rejected, because they were
Chevrolets, Impalas, and they were, I believe, $1,100 more per unit, than what
we could get in the Dodge Fury, and we are saving $200,000 by waiting two
additional months. In delivery time, we will put 190 cars in service, by the
time we finish that process, each sector will be assigned permanent cars.
Only four policemen will drive a particular vehicle, so that we don't have 14
people driving one car, and we don't have, of the 68 cars that were put on
services, we have had a bad experience lately, so the best way to do is wait
for the 190 cars to come in, and do the permanent assignments per sectors, per
zones, so that we don't have so many people driving the vehicles. We are
addressing the compact issue, and we are also, most of the majors and colonels
are beginning to opt for driving their own cars and getting the car allowance,
so we don't have to provide it by vehicles.
Col. Martinez: Mr. Dawkins, I'd also like to add that our concern with the
accident rate is very high, because they had approximately 30 to 35 of the
brand new cars that have been on the streets four months, they have had
accidents.
Mr. Dawkins: OK, all right, I've got...
Mr. Plummer: Wait a minute, say that again?
Col. Martinez: About 30 to 35 of the brand new vehicles that we just had out
in the street in the last four months, they have been involved in accidents.
Now, we were concerned with the high...
Mr. Plummer: And how many were put in service four months ago?
Col. Martinez: Actually, patrol vehicles, brand new ones... wasn't that 78,
Ron?
Mr. Ron Williams: 78.
Mr. Odio: We put 78 plus 25, 103 was the total new cars that we have put into
service in the last four months.
Mr. Plummer: You are telling me that almost 50 percent of the vehicles have
already been wrecked, the new ones?
Mr. Dawkins: All right, now, how many of the old ones were wrecked...
Col. Martinez: Yes, sir.
Mr. Dawkins: ...during that same period, how many of the old ones were
wrecked?
Col. Martinez: I don't have the figures on that, sir.
86 December 11, 1986
0 6
Mr. Dawkins: Well, see, you are not coming in with a full deck! See, you are
not playing with a full deck.
Mr. Plummer: (Whistle!)
Mr. Odio: Get the report on that. Get the report.
Col. Martinez: I'll get you a report on that.
Mr. Dawkins: See, you want to show me the worse part of it, but you are not
telling me the other part.
Mayor Suarez: Give me an illustration.
Mr. Dawkins: Maybe, we might have had 38 old ones wrecked at the same time,
so really, we don't have anything.
Mr. Carollo: Well, how serious were the accidents? Were they just minor
fender benders?
Col. Martinez: Mr. Williams can tell you that.
Mr. Williams: Commissioner Carollo, they vary. As you know, some have been
totaled. I think two to three, something less than five, and others have been
minor. That number includes body damage at various stages high of totaled
completely, low...
Mr. Carollo: I think that the numbers you are giving might be quite
deceiving, if you are giving 38 out of the 103, but the damages might have
been done to some of them might not really be that major, or they just might
have been out one or two days.
Mr. Williams: No, you are right, it could not be major, but it removes that
car from service, because the Manager is required, based on your policy, that
we not put accident prone, or accidented cars that have been wrecked out on
the street, so I am talking about incidents that it be required that the
vehicle be removed from service.
Mr. Dawkins: The only problem I find with it, Mr. Manager, is you guys, in my
opinion, appear to be painting a bad picture to justify not having the cars to
the men. Now, that is all I see this as. That is what I see it as.
Mr. Williams: Having not given them?
Mr. Dawkins: To the patrolmen, OK? So, you are telling me then...
Mr. Williams: I don't make that assignment.
Mr. Odio: We don't make the assignment.
Mr. Dawkins: OK, all right. Mr. Mayor...
Mr. Williams: No, I don't. Those assignments are made within the Police
Department.
Mayor Suarez: It seems like you have misconstrued the intention of this
Commission in ordering those new cars. They should be going to people out
there patrolling. That was the intention of this Commission.
Mrs. Kennedy: Right.
Mayor Suarez: And now, we will just restate it one more time. This
Commission is adjourned until 2:00 p.m., when we will reconvene, and hopefully
get through the rest of the agenda.
WHEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:06 P.M. AND RECONVENED AT 2:02 P.M. WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONERS CAROLLO AND KENNEDY.
87 December 11, 1986
0 0
32. SECOND READING ORDINANCE: APPROPRIATIONS FOR CITY CAPITAL IMPROVEMENTS.
Mayor Suarez: Item 36, Capital Improvements.
Mr. Rodriguez: Item 36 is the second reading of the appropriations ordinance
that you approved together with the capital improvement program and the
capital project on November 13th, and it was moved by Commissioner Dawkins, I
believe, last time.
Mayor Suarez: We have approved it in more different ways than I can think of.
Now to establish the appropriations. OK, I'll entertain a motion on this.
Mr. Dawkins: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll on 36.
Mr. Plummer: It is an ordinance.
NOTE FOR THE RECORD: COMMISSIONER KENNEDY ENTERED THE MEETING AT 2:30 P.M.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY
CAPITAL IMPROVEMENTS; CONTINUING AND REVISING
PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT
PROJECTS, AND ESTABLISHING NEW CAPITAL IMPROVEMENT
PROJECTS TO BEGIN DURING FISCAL YEAR 1986-87;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of November 13, 1986, 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 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. 10187..
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
33. SECOND READING ORDINANCE: ESTABLISH NEW FUND "UNSAFE AND BLIGHTED
STRUCTURES DEMOLITION REVOLVING TRUST FUND"
Mayor Suarez: Item 37.
Mr. Pierce: Item 37 is the $500,000 to establish the Demolition Trust Fund.
It was passed on first reading...
Mayor Suarez: Second reading that we passed on first reading.
Mr. Pierce:... November 13th, right.
88 December 11, 1986
Mrs. Kennedy: Move it.
Mr. Plummer: Second.
Mr. Dawkins: Under discussion.
Mayor Suarez: Moved and seconded. Under discussion, Commissioner Dawkins.
Mr. Dawkins: What does anticipated mean?
Mr. Pierce: Anticipated means as we are able to collect on monies previously
expended.
Mr. Dawkins: Anticipated means it may or may not show up, is that right? I
mean, that is what anticipate means, right? OK, no further questions.
Mayor Suarez: Read the ordinance.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED "UNSAFE AND BLIGHTED STRUCTURES DEMOLITION
REVOLVING TRUST FUND" FOR THE PURPOSE OF APPROPRIATING
FUNDS FOR THE DEMOLITION OF UNSAFE AND BLIGHTED
STRUCTURES ON A CITY WIDE BASIS WITH REVENUES IN THE
AMOUNT OF $500,000 ANTICIPATED AS BEING AVAILABLE FROM
A LOAN FROM THE GENERAL FUND SPECIAL PROGRAMS AND
ACCOUNTS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 13,
1986, 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.
* Although absent at roll call, Commissioner Carollo later requested of the
Clerk to be shown as voting with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10188.
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.
34. REFER BACK TO ADMINISTRATION PROPOSED FIRST READING ORDINANCE ON SIDEWALK
CAFES FOR MORE EQUITABLE FORMULA FOR REVENUES TO BE DERIVED BY CITY.
Mayor Suarez: Item 38.
Mr. Rodriguez: Item 38 is the amendment to the sidewalk cafe. The last time,
Commissioner Plummer asked us to have an increase in the fee and the fee that
we are proposing is in the memo that is before you. It will be a minimum of
$500...
Mr. Plummer: That is the only change from first ordinance, the increase in
the fee?
89 December 11, 1986
Mr. Rodriguez: Increase in the fee. Oh, I believe there was an amendment
that was given to me by the Law Department for our language that was added,
that reads as follows:
"Permits shall be subject to the issuance of all required State permits,
which shall be the sole responsibility of the applicant to obtain."
Mr. Plummer: That is $500 a month?
Mr. Rodriguez: No, $500 is the fee per year.
Mr. Plummer% What! You are going to give somebody to make money off of City
property of $500 a year?... about a $1.00 a day? Where the hell did you come
up with that idea? Why don't you pay a processor for that, and... hey, I am
not about to give them no $500, on $500 a year. That is ridiculous.
Mrs. Kennedy: What do other cities charge for sidewalk cafes?
Mr. Rodriguez: I don't have any figure on that, but the important thing that
we have to keep reminding you is that the property in question doesn't belong
to the City. It is entrusted to the City and we can only charge the amount of
money that...
Mr. Plummer: No, no, what you need to remember is, they don't own it.
Mr. Rodriguez: All right, but the...
Mr. Plummer: No, no, forget about the rest! They don't own it.
Mr. Rodriguez: I agree with you. They don't own it.
Mrs. Dougherty: Yes, they do. Yes, they do.
Mr. Rodriguez: But, if I may continue, we have been advised that the only
amount that we can legally charge, is that that is required to process the
application and that can be directly related to the Administration of the...
Mr. Plummer: Oh, no, no. Let me tell you where you are wrong. We don't
allow it. We just don't allow it.
Mr. Dawkins: That's so. And nobody makes nothing.
Mr. Rodriguez: I defer to the Law Department.
Mr. Plummer: You are chicken!
Mr. Rodriguez: I cannot do anything else. I have tried every possible way to
try to do what I think is right, which is to allow sidewalk cafes.
Mr. Plummer: Mr. Mayor, I send item 38 and 38-B back to the Administration to
try to wake up and get some real school housing when it comes to revenues for
this City. How much is this budget supposed to be cut for next year, Mr.
Manager?
Mr. Rodriguez: Do you mean after my increase or before?
Mr. Plummer: No, you ain't getting no increase!
Mrs. Kennedy: 38-B is...
Mr. Plummer: How much is your target?
NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 2:06 P.M.
Mr. Rodriguez: $110,000.
Mr. Plummer: How much?
Mr. Rodriguez: $110,000.
Mr. Plummer: You ain't never going to make it doing these kinds of things.
90 December 11, 1986
Mr. Carollo: Excuse me, Madam Clerk, can you show me voting "yes" on item 37,
please?
Mr. Plummer: I move 38 and 38-B be sent back to the Administration...
Mr. Rodriguez: Fine.
Mr. Plummer: To find something that is equitable.
Mrs. Kennedy: 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. 86-1003
A MOTION REFERRING BACK TO THE ADMINISTRATION A
PROPOSED FIRST READING ORDINANCE REGARDING SIDEWALK
CAFES; FURTHER DIRECTING THE ADMINISTRATION TO FIND A
MORE EQUITABLE FORMULA FOR REVENUES TO BE DERIVED BY
THE CITY .
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.
35. EMERGENCY ORDINANCE: PLEDGE REVENUES FROM UTILITY TAX TO SPORTS
AUTHORITY TO SECURE $10,000 NOTE. (See label #27)
------------------------------------------------------------------------------
Mrs. Kennedy: Mr. Mayor I had an item tabled, the Sports Authority. If you
want to bring that back, I am ready. I have to say that you totally confused
me. I thought I had it clear and you changed my mind and when I heard
Bayfront Park, naturally, I am going to want some funds, but as I understand
it, the $10,000,000 are in escrow for purposes related to the Sports
Authority, and there is some wording saying that...
Mr. Plummer: No, no, no.
Mr. Odio: No, no, Exhibition... no.
Mr. Plummer: Absolutely not for the purpose of the Sports Authority.
Mr. Odio: Exhibition space, Commissioner.
Mrs. Kennedy: I am sorry, exhibition, OK, exhibition.
Mr. Dawkins: What item?
Mayor Suarez: Item 20.
Mrs. Kennedy: And it has to be used as an interim exhibition facility, there
is no linkage to Bayfront Park, and I am ready to move it, at this point.
Mr. Dawkins: What item are we on?
Mr. Odio: May I ask you...
91 December 11,, 1986
e
Mayor Suarez: Yes, why don't we first find what item it is for Commissioner
Dawkins, and all of us, indeed. Do you remember which item it was?
Mr. Odio: That is the item on the $10,000,000.
Mayor Suarez: I know what it is on, I want to know what number it is.
Mr. Odio: Item 33.
Mayor Suarez: OK, item 33.
Mr. Dawkins: 33.
Mr. Odio: May I ask that we, Commissioners, so I can...
Mr. Dawkins: This is where we are going to pledge the $10,000,000 for the
center?
Mr. Odio: But, I would like to ask you to...
Mr. Dawkins: I move that this be tabled, continued until the next meeting.
Mr. Odio: Commissioner, may I say something?
Mr. Dawkins: I don't... see, here we go again, you see! Now, this morning we
had somebody ask for something to be continued. Everybody, OK!
Mr. Plummer: My good friend, Commissioner Dawkins.
Mr. Dawkins: Yes, sir.
Mr. Plummer: Sir, if that is what you want to do, and you fully understand...
Mr. Dawkins: Yes, that is what I want!
Mr. Plummer:... the consequences of doing such...
Mr. Dawkins: I want to continue it until the next meeting, yes, sir.
Mr. Plummer: Let me bring out to you the consequence, OK? The consequence is
the change in the tax laws, and what you could do is... in effect, what you
are doing is you are killing it. Now, if that is your intent, I respect that.
Mr. Odio: May I add something, Commissioner?
Mr. Plummer: But, basically, that is what you are doing by putting it over
the 31st of December.
Mr. Dawkins: So what you are saying to me is that because I continue it, and
because those individuals whom we are trying to interest in being involved,
will not make as much money as they thought they would make because of the new
tax law, I automatically kill it, is that what you are telling me?
Mr. Odio: No, Commissioner, may I...
Mr. Dawkins: Well, what are you telling me then? No, let me finish with
Commissioner Plummer, first. What are you telling me, sir?
Mr. Plummer: No, what I am saying to you, Commissioner, is that the way this
thing is structured and the taxes behind this thing, that if you don't move on
it, also there is a provision for draw down. You must start the draw down
prior to the 31st of December, or the issue is null, moot, and void.
Mr. Dawkins: And what does that - and that says what, sir?
Mr. Plummer: You have got have a lease - is it a $400,000?
Mr. Odio: No, air, it... excuse me, may I clarify something, Commissioner?
Mr. Plummer: But, you have got to have the draw down!
92 December 11, 1986
Mr. Odio: It is important, let me clarify...
Mr. Plummer: Interject anything you want!
Mr. Odio: If we don't act today, by pledging, the $10,000,000 are gone.
There is nothing to...
Mr. Dawkins: The $10,000,000 does not exist!
Mr. Odio: They are sitting in escrow at the bank, in the bank.
Mr. Dawkins: Where is it, where is it?
Mr. Odio: In the bank. They are sitting in the bank.
Mr. Dawkins: All right, well, why is it then that...
Mr. Plummer: Excuse me, wait a minute, be honest with him. It is not
$10,000,000, it is $8,500,000 after expense.
Mr. Odio: Well, $8,500,000 after expense.
Mr. Plummer: Yes.
Mr. Dawkins: All right, if there is $8,500,000 in the bank...
Mr. Plummer: Yes, sir.
Mr. Dawkins: Who put it there?
Mr. Odio: When we...
Mr. Plummer: That was from the bond service.
Mr. Odio: When the bonds were...
Mr. Dawkins: Who put it there?
Mr. Plummer: The sale of the bonds, the Sports Authority.
Mr. Odio: The sale of the bonds.
Mr. Dawkins: OK...
Mr. Odio: No, no.
Mr. John Blaisdell: Commissioner, the... $10,000,000 that is in the bank is a
note facility, a subordinate...
Unidentified Speaker: A promissory note from Sun Bank.
Mr. Dawkins: There is no money, is there?
Mr. Plummer: Well, if you give the pledge today of $9,600,000, of the worse
scenario, you get the money tomorrow, on the draw down.
Mr. Odio: Well, may I give you a compromise position, Commissioner Dawkins,
that will achieve what you want to do, and yet, save, keep that money alive?
May I do that, sir?
Mr. Dawkins: You can offer it, I am not going to say I will accept it.
Mr. Odio: No, that is what I am going to ask. If you pledge today, and you
do not break escrow, the monies are safe, and then you can still review it in
January and decide what you want to do then.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Odio: If you don't pledge, the money is gone, and there is nothing else
to continue discussion about it.
93 December 11, 1986
Mayor Suarez: Well, we have heard from chairperson of the committee, studying
the Bayfront Redevelopment, and making proposals, and how we can complete
that, and you are satisfied, Commissioner Kennedy, that we will figure out a
way to complete that redevelopment. I wish I could say the same thing for
myself, I am still a little doubtful, but I am ready to vote on it if the
Commission is.
Mr. Plummer: Is your motion to approve what the Manager is suggesting?
Mrs. Kennedy: That is correct.
Mr. Plummer: Then I second the motion.
Mayor Suarez: Moved and seconded.
Mr. Plummer: With the full understanding that no draw down will take place
except approved by this Commission. Agreed?
Mr. Blaisdell: Yes Sir.
Mayor Suarez: Better come up with the financing for that park as soon as
possible, so we can approve that and get it going.
Mr. Plummer: But, Xavier, let's don't mix apples and oranges. One has
nothing to do with the other.
Mayor Suarez: Yes, it does, absolutely,
Mr. Plummer: Except on the pledges
Mayor Suarez: It does, absolutely, it does - our bondable capacity, well,
bondable and capital improvements, our ability to be in a primary or secondary
position against any bonds that are issued by the City is going to affect our
ability in any other project, so, one thing has to do with the other, but if
they can resolve it as to the park, we will have to see.
Mr. Plummer: The key in it has to come back here.
Mayor Suarez: So moved and seconded. Any further discussion?
Mr. Dawkins: Oh, shoot. I've been here too long for that, way too long for
that.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE PLEDGING REVENUES FROM THE
UTILITY SERVICE TAX ON WATER AND GAS TO THE MIAMI
SPORTS AND EXHIBITION AUTHORITY TO SECURE A TEN
MILLION DOLLAR SUBORDINATE OBLIGATION NOTE, SERIES
1985, OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY TO EXIST AND WAIVING
THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS
BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS
OF THE COMMISSION.
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 Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
94 December 11, 1986
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 Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
ON ROLL CALL:
Mr. Dawkins: No, and the reason I am voting no, is this is the same as
anything else. When we got with Mr. Gould, I mean Ted Gould was supposed to
provide money, no money. The City went out on a limb, the same thing happened
with the Knight Center, we had got a subsidy there, the City picked that up,
and now, the Sports Authority promised us $10,000,000 and we don't have that,
and the City is picking that up, therefore I vote no.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10189.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: I expect to see the complete package for Bayfront Park in the
January agenda.
Mr. Plummer: Was that not an emergency?
36. APPROVE MOTION TO DISMISS APPEAL OF LITIGATION RELATED TO BRICKELLBANC.
Mr. Carollo: Madam City Attorney, you recently wrote this Commission a
memorandum, asking for any instructions or feedback on a subject matter that
has been floating around this City since 1982, that had to do with
Brickellbank. Can you publicly on the record, advise this Commission of what
exactly is what you have asked us to do or not do, and some backup for your
opinions.
Mrs. Dougherty: Yes, sir, Mr. Commissioner. I have sent you a memorandum
telling you that I have appealed the case of Brickellbank versus the City of
Miami. I am going to dismiss the case unless you object otherwise, and by way
of background, this case arose because the City Commission revoked a permit
had been previously issued... not the City Commission, excuse me - the
Administration. Brickellbanc then sued, and the judge, and following on
appeal on llth Circuit affirmed, held that we were stopped from denying the
validity of the permit. Subsequent to that, they sought damages in the amount
of $7,000,000. The court awarded about $642,000, plus attorney's fees, and
another $115,000.
Mayor Suarez: What was the theory of recovering that, is not a tort action?
Mrs. Dougherty: It was not a tort action. The first court in the first trial
found that the City had violated their Section 1983 civil rights, because of
lack of due process.
Mayor Suarez: ... on a contract breach violated a civil rights provision?
Mrs. Dougherty: It was not a contract, Mr. Mayor, it was a permit that had
been issued validly, and then...
Mayor Suarez: That is a violation of civil rights?
Mrs. Dougherty: They found it was a violation of due process, consequently,
it is a civil rights violation. That went to the llth Circuit and was
affirmed and then the second trial was on damages. We have appealed that
case, subject, of course, to your approval to dismiss, which is what we are
95 December 11, 1986
recommending. We are recommending it, because even if we were to appeal the
case and win, we would end up having another retrial of the entire matter, the
subsequent attorneys fees and the costs, and I am not sure, in fact, I don't
think we would come out any better if we appealed and won on a second hearing.
Mayor Suarez: You are recommending settle.
Mrs. Dougherty: No, I am recommending...
Mayor Suarez: Or we are dismissing it...
Mrs. Dougherty: ...permitting me to dismiss the appeal.
Mayor Suarez: So long as the lobbyists for the City of Miami are here this
is an interesting illustration of how sovereign immunity does not save us from
major claims in excess of $100,000, and I really wonder about those theories,
let me tell you.
Mrs. Dougherty: Again, this was not just a...
Mayor Suarez: Well, the result of the dismissal of the appeal was to pay off
on the judgment.
Mrs. Dougherty: That is correct. That's correct.
Mayor Suarez: They have not tried to execute against us on that? Oh, they
can't.
Mrs. Dougherty: No, we would have the right to appeal it.
Mr. Carollo: So what this is costing the City of Miami as of now, that we
have to pay out, is some $741,000 plus dollars?
Mrs. Dougherty: Yes, sir, that would be the judgment including attorney's
fees.
Mr. Carollo: Is there any interest involved, beyond that?
Mrs. Dougherty: Yes, it would be 6.18 percent interest per annum.
Mr. Carollo: Approximately how much do we have in interest already, that has
built up?
Mrs. Dougherty: I don't know the answer to that. The judgment isn't too
long, so it is only since the date of judgment.
Mr. Carollo: How long ago was the judgment made, do you remember?
Approximately a month, two months?
Mrs. Dougherty: Maybe two months.
Mr. Carollo: Two months?
Mrs. Dougherty: That is why I have appealed, subject to your permitting me to
dismiss it.
Mr. Carollo: So it is going to be well over $750,000 that we are speaking in
cash. There has been at least $5,000 in interest since that time. Well...
Mrs. Dougherty: I might add that they have cross appealed, and if they
continue with their appeal, we also will appeal.
Mr. Carollo: It is a prime example how things are done in this City and how a
shadow government affects the workings of a City government when they are
trying to crucify somebody. I remember an editorial that was written back in
September 11 of 1982, where, after the present City Attorney that we have
wrote an opinion, a legal opinion to the City Attorney that we had at the
time, Jose Garcia Pedrosa, and the opinion stated that this City had no right,
as she described, to revoke a permit that had been previously issued by the
City to Brickellbanc, the Miami Herald wrote in this editorial the following:
"Let the permit revocation stand, Mr. Gary. Reject the attorney's advice.
Make Brickellbank sue, or reapply for a permit." The reason the City of
96 December 11, 1986
Miami, or the taxpayers of the City are faced today with some $750,000 that we
have to pay, is because the shadow government instructed a City Manager to
reject the legal advice of our counsel, so since he took the political avenue
instead of taking the legal avenue, based on the legal counsel that we paid to
advise him and us, the City of Miami today is stuck paying $750,000. Now, all
through this time, the Miami Herald tried to insinuate there was something
that had been done illegally, wrong, trying to smear this Commissioner, and up
to this date, the only facts that were made clear, was that if anybody was
wrong, was those people in City government that listened to the Herald, and
now it is costing us after a Federal judge ruled on this and it was appealed,
it is costing the City taxpayers $750,000. Maybe we should send the bill to
the Miami Herald.
Mayor Suarez: That will teach you to take advice from the Miami Herald.
Mr. Carollo: I'll make a motion, not only that, but I will go further than
that, is if there is any doubt in anyone's mind on any improprieties that
anyone wants to allege that went on with Brickellbank, I am more than willing
to make a motion that we appeal it in court and you know, let's drag it out in
court again. You know, make sure that everyone has the opportunity for the
third time, to fight this in court, and bring anything out that might not
have been brought out, if that is the case.
Mr. Plummer: Madam City Attorney, what is your recommendation?
Mrs. Dougherty: My recommendation is to permit me to dismiss this appeal.
The basis of that is even if we were to win, I don't think that we would have
a better hearing the next time. I think we would end up paying more.
Mr. Plummer: Mr. Manager, where are you going to get the money to pay it?
Mrs. Dougherty: We have it in the Risk Management Insurance Trust Fund.
Mr. Plummer: I move upon the recommendation of the City Attorney to follow
her instructions and pay it and let's get it behind us.
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mayor Suarez: So moved, seconded, thirded. Any discussion? Call the roll.
Mr. Plummer: I don't like it, I am going to put that on the record.
Mrs. Kennedy: I don't either.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-1004
A MOTION APPROVING THE CITY ATTORNEY'S FILING OF A MOTION
TO DISMISS APPEAL OF LITIGATION RELATED TO BRICKELLBANK
VS. THE CITY OF MIAMI.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo
ABSENT: No
97 December 11, 1986
-------- ----------------------------------------------------------------------
37. A- PLACE $1,000,000 FROM REIMBURSEMENT FROM METRO DADE COUNTY IN
CONNECTION WITH SEWER IMPROVEMENTS INTO A RESERVE FUND;
B- FIRST READING ORDINANCE: APPROPRIATING $586,261.64 MADE AVAILABLE
FROM SETTLEMENT WITH DADE COUNTY OVER WATER AND SEWER AUTHORITY AS A
SPECIAL REVENUE FUND.
------------------------------------------------------------------------------
Mayor Suarez: Item 39, I think we are up to. No, we passed 39, tabled. Item
40.
Mr. Dawkins: Who tabled 39?
Mrs. Kennedy: Who tabled it?
Mr. Dawkins: Why are we tabling 39?
Mayor Suarez: It was just tabled at the request of the Commissioner What did
you want to do on the sidewalk cafes?
Mr. Odio: No, no, 39 is appropriating $586,261 from the Metro Dade...
Mayor Suarez: OK, I am sorry. Item 39 is what we are on.
Mr. Castaneda: Yes, this is just a housekeeping matter. This is money that
was received last year and the City had just never appropriated it. This
money was allocated to the billion dollars for Bayside loan and we had to
appropriate it before spending it.
Mrs. Kennedy: What kind of financial and technical assistance are you talking
about?
Mr. Castaneda: No, this money was part of the money that was reallocated for
the Bayside loan package. This $586,000 received last...
Mrs. Kennedy: Yes, but I am sorry, Frank. It says, "Whereas said sum will be
made available to the ordinance to provide financial and technical assistance
to minority entrepreneurs..."
Mr. Castaneda: Right, at the Bayside.
Mrs. Kennedy: Oh.
Mr. Odio: Madam Commissioner, if at this point you approve that we proceed
with the loans of $1,000,000. This is where the funds are coming from - the
Miami Dade Water and Sewer agreement with the County.
Mr. Dawkins: When did this Commission order you, Mr. Castaneda, to take the
money from the Miami Sewer thing and make it available for the Bayside
project? When was that done?
Mr. Odio: We were told to find $1,000,000 to put into the Bayside Minority
Development project.
Mr. Dawkins: OK, you were told to find it. OK, now...
Mr. Odio: $1,000,000, and this is where we found it.
Mr. Dawkins: OK, but you told me quite some time ago that you had it.
Mr. Odio: Yes, we did.
Mr. Castaneda: We had...
Mr. Dawkins: All right now, what are you going to do with that other
$1,000,000 that you had, now that you have got $1,000,000 here?
Mayor Suarez: Yeah we approved the $1,000,000 this morning being transferred
directly over to Miami Capital before we approved... we were asked to approve
the $581,000.
98 December 11, 1986
Mr. Odio: This is only an accounting...
Mr. Castaneda: This is just a housekeeping...
Mayor Suarez: But, what happens if we don't approve this? What happens to
the $1,000,000?
Mr. Odio: Well, then...
Mayor Suarez: It becomes $400.... and whatever, thousand?
Mr. Castaneda: Right.
Mr. Odio: That is correct.
Mayor Suarez: Well, you should have told us that this morning.
Mr. Castaneda: Well, let me tell you what...
Mayor Suarez: The money was either there and available, or ready to go over
to Miami Capital or not.
Mr. Castaneda: The money that has been approved by resolution, you approved
the utilization of this money, of the Miami Dade and Sewer money, for the
Miami Capital loan, and yes, Commissioner...
Mr. Dawkins: So we did...
Mayor Suarez: That we did that some other time ago, you mean.
Mr. Castaneda: Oh, you did that about eight months ago, and what happened
was, that that money had never been appropriated.
Mayor Suarez: Was it is $586,261.64?
Mr. Plummer: That was the formula which we devised in negotiations to come
out with...
Mayor Suarez: You wanted to leave $1,000,000 to the fund?
Mr. Dawkins: What is going to happen with the other $1,000,000?
Mr. Plummer: The remaining balance of it, but it is a lot...
Mr. Dawkins: That is what is going to happen with the other $1,000,000?
Mr. Castaneda: The other $1,000,000 just went back to Public Works.
Mr. Dawkins: To what?
Mr. Castaneda: To Public Works.
Mayor Suarez: Well, some of it has been used for the Orange Bowl, hasn't it?
Mr. Dawkins: Hold it now, wait a minute, I'm confused. First, you say, that
eight months ago I voted to take the $1,573,663 and put it into Community
Development.
Mr. Castaneda: No, sir. You voted to put $586,261.64 into the Bayside
project.
Mr. Dawkins: All right, and then I voted at that time to do what with the
$110001000?
Mr. Castaneda: I am not aware of any action on that, and I...
Mr. Dawkins: All right, well, don't start to tell me now that I told you to
put it in Public Works.
Mr. Odio: No, sir, that is not the case, I am sorry.
99 December 11, 1986
0
Mayor Suarez: What is going to happen to that other $1,000,000?
Mr. Odio: It is sitting in reserve in the Conference and Convention Center
and they are to be disbursed only by you as occurred this morning when you
allocated $45,000 for the Super Stars, it will come out of that trust, which
is bed tax money.
Mr. Dawkins: Can I have everybody's attention, because I am going to need
everybody's attention. Every time somebody comes down here for money, we
either got the C.D. slush fund, or what is that slush fund, you took it -
Special Programs and Accounts slush fund, OK?... and you automatically reach
in there and come out with whatever is wanted. I'd like to make a motion that
since we know that there is going to be a shortfall in Federal dollars and
every dollars, that this million dollars goes into our Reserve Fund, and not
to be touched no time for nothing until the 1987-188 budget.
Mr. Odio: Thank you, Commissioner.
Mr. Dawkins: So moved.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 86-1005
A MOTION STIPULATING THAT SINCE THE CITY COMMISSION IS
AWARE THAT NEXT FISCAL YEAR THE CITY WILL HAVE A
SHORTFALL IN FEDERAL DOLLARS, THE ADMINISTRATION IS
DIRECTED TO PLACE $1,000,000 FROM THE TOTAL MONIES
REIMBURSED TO THE CITY BY METROPOLITAN DADE COUNTY IN
CONNECTION WITH SEWER IMPROVEMENTS UNDER THE 1975
TRIPARTITE AGREEMENT INTO A RESERVE FUND; FURTHER
STIPULATING THAT SAID MONIES SHALL NOT BE TOUCHED
UNTIL FISCAL 1987 BUDGET.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: That means no creative accounting. It won't find its way into
some other fund, and all of a sudden be available for God knows what.
Mr. Odio: I like the idea very muchl
Mayor Suarez: Glad you do, because we passed it.
Mr. Plummer: Mr. Manager, realistically, what are we looking in the turn down
in Federal dollars next year... realistically.
Mr. Odio: We get zero dollars from the Federal Revenue Sharing.
Mr. Plummer: And what did we get this year?
Mr. Odio: At the beginning of the year, from last year we had $1,000,000
something, and we got nothing else.
Mr. Plummer: OK.
100 December 11, 1986
Mr. Odio: It is gone. The Federal Revenue Sharing, I went to Washington two
weeks ago, it is dead!
Mr. Plummer: My question, Mr. Manager, have you put all these social agencies
on notice of that factor?
Mr. Odio: No, we have not.
Mr. Plummer: I make a motion at this time that in the interest of fairness,
that the Administration notify all agencies that are recipients of Federal
funds through this City, that it is the best honest opinion, that there will
be zero dollars for the next year's budget. Please govern yourselves
accordingly now, to address that problem, since we will not have the dollars
to address it with, and I move that.
Mr. Dawkins: I second it, only if this Commission promises me that if
somebody comes up here blind, crippled, and cannot hear, that we will not find
some money for it.
Mr. Plummer: I can tell you that that is where I am going to be.
Mr. Dawkins: All right, OK, we will see! Time will tell.
Mr. Odio: Commissioner, I do know one thing, that it could be revised would
be maybe a target program in Washington to allocate certain programs, but
there will be no other funds.
Mr. Plummer: Cesar, if you don't put those people on notice now, you are
doing them an injustice!
Mr. Odio: No, I agree. We will do it.
Mr. Dawkins: And send me a copy of the letter.
Mr. Odio: Yes, sir.
Mr. Dawkins: OK, because we did this last year, Commissioner Plummer.
Mr. Plummer: If you don't do it, they are going to come in here screaming
at the last...
Mr. Dawkins: Commissioner Plummer, we did this last year, Commissioner
Plummer. We put people on notice that we had no Federal monies. Am I right,
Mr. Castaneda?
Mr. Castaneda: Yes, we did.
Mr. Dawkins: And that your program will be phased out for lack of money, and
they came down here and we put them on one -twelfth funding, am I correct, sir?
Then we put them on another one -twelfth, and then all of a sudden the bleeding
hearts up here decided, well we are going to tap some money from someplace,
and we ended up funding them. Now, I am hoping that this year we mean that
there will be no money.
Mayor Suarez: OK, I don't think we need to put that to a motion. You can take
care of sending that letter and putting them on notice, of that possibility,
probability, and send us all copies. Item 40.
Mr. Castaneda: Commissioner, you didn't act on item 39, though.
Mayor Suarez: We didn't vote on that?
Mr. Odio: You need to read...
Ms. Hirai: No, sir, we have to vote on that.
Mayor Suarez: Do have a motion and a second?
Ms. Hirai: Yes, we do.
Mayor Suarez: OK, call the roll, I'm sorry, read the ordinance.
101 December 11, 1986
0
s
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mr. Dawkins: Wait a minute, clarification. Shouldn't you add that we - I
mean, where are we going to put the part about don't spend the other
$1,000,000?... because it, is, we are talking of $1,600,000, and you are only
referring, in the reading of your ordinance to $500,000.
Mrs. Dougherty: We will be bringing you a back a formalization resolution,
separately.
Mr. Dawkins: OK, thank you.
Mayor Suarez: But, included in the motion is the understanding that we have
done it with that proviso. With that understanding, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE APPROPRIATING THE AMOUNT OF $586,261.64
MADE AVAILABLE AS A RESULT OF THE SETTLEMENT OF THE
CITY'S DISPUTE WITH DADE COUNTY OVER THE COUNTY'S
ASSUMPTION OF CONTROL OVER THE MIAMI-DADE WATER AND
SEWER AUTHORITY AS A SPECIAL REVENUE FUND IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUND (CDBG) ACCOUNT
ELEVENTH YEAR, WHICH AMOUNT IS ALSO BEING TRANSFERRED
FROM SAID FUND TO THE CDBG ELEVENTH YEAR CONTINGENCY
BUDGET FUND; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
38. FIRST READING ORDINANCE: ESTABLISH NEW FUND "HISTORIC PRESERVATION:
EDUCATION" AND APPROPRIATING FUNDS FOR SAME.
Mayor Suarez: Agenda item 40.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
102
December 11, 1986
�1
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "HISTORIC PRESERVATION: EDUCATION", AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
AMOUNT OF $28,450, CONSISTING OF A $14,225 GRANT FROM
THE STATE OF FLORIDA: DEPARTMENT OF STATE; AND $14,225
FROM FISCAL YEAR 1986-87 GENERAL FUND AND COMMUNITY
DEVELOPMENT BLOCK GRANT; CITYWIDE HISTORIC
PRESERVATION AND PLANNING ADMINISTRATION; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
39. FIRST READING ORDINANCE: ESTABLISH NEW FUND "HISTORIC PRESERVATION: BUENA
VISTA" AND APPROPRIATING FUNDS FOR SAME.
Mayor Suarez: Agenda item 41.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: What is 41?
Mr. Plummer: Same, basically.
Mrs. Kennedy: Oh, yes! Second.
Mayor Suarez: Basically accepting State grants. Moved and seconded. Any
discussion, calla the roll, or read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "HISTORIC PRESERVATION: BUENA VISTA", AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
AMOUNT OF $11,000 CONSISTING OF A $5,500 GRANT FROM
THE STATE OF FLORIDA: DEPARTMENT OF STATE; AND $5,500
FROM FISCAL YEAR 1986-87 COMMUNITY DEVELOPMENT BLOCK
GRANT: CITYWIDE HISTORIC PRESERVATION AND PLANNING
ADMINISTRATION; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and was passed on its first reading by title bjF the following vote-
103 December 11, 1986
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.
------------------------------------------------------------------------------
40. FIRST READING ORDINANCE: ESTABLISH NEW FUND "HANDICAPPED DIVISION FUND
RAISING PROGRAM" AND APPROPRIATING FUNDS FOR SAME.
Mayor Suarez: Agenda item 42.
Mr. Plummer: Move it.
Mayor Suarez: Moved. Second?
Mr. Dawkins: Second under discussion.
Mayor Suarez: Second on discussion. Commissioner Dawkins.
Mr. Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Dawkins: How much money do we get from the State for the Handicapped
Program?
Mr. Odio: In the past...
Mr. Dawkins: Is this added to that, or...?
Mr. Odio: It is added to the total that we get. This is...
Mr. Dawkins: It is added to the total?
Mr. Odio: Yes, sir, it is.
Mr. Dawkins: No further questions.
Mayor Suarez: Call the roll.
Ms. Hirai, First reading ordinance, sir.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED "HANDICAPPED DIVISION FUND RAISING PROGRAM",
APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF
$15,000 COMPOSED OF MONIES GENERATED THROUGH FUND
RAISING EFFORTS OF THE CITY OF MIAMI'S HANDICAPPED
DIVISION AND PRIVATE DONATIONS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote-
104 December 11, 1986
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.
41. FIRST READING ORDINANCE: CHANGE NAME OF FUND FROM "PRE-SCHOOL PROGRAM" TO
"PRE-SCHOOL PROGRAM - CONSOLIDATED" AND APPROPRIATING FUNDS FOR SAME.
------------------------------------------------------------------------------
Mayor Suarez: Agenda item 43.
Mr. Dawkins: I don't understand it, but I move it.
Mr. Plummer: Well, I will second it, but I want to understand it. Mr.
Manager.
Mayor Suarez: Moved and Seconded.
Mr. Odio: Yes, sir.
Mr. Plummer: How close is this 43 to being self-sustaining?
Mr. Odio: You mean the...
Mr. Plummer: Pre -School, because we use Federal Revenue Sharing funds here.
Mr. Odio: We do?
Mr. Plummer: Yes, we used almost a half million and all of those monies are
going.
Mr. Odio: But, we are going to make this self-sufficient by the next year by
replacing the other grant from the State. That is only chance that we have
of keeping this program going by this. If not, we are going to have to reduce
the number of pre-school centers that we service.
Mr. Plummer: How much is the child paying now per day?
Mr. Odio: It is on a scale according to the family income.
Mr. Plummer: Well, how much fear do you have that those monies are not, or
are going to be available on this, from the State?
Mr. Odio: We won't know until we get the legislation concluded this year, but
we know we have always received what we asked for from the State.
Mr. Plummer: Yes, but you have - didn't you have in last year's budget
$500,000?
Mr. Odio: Yes.
Mr. Plummer: From Federal Revenue sharing?
Mr. Odio: No, we had part from the State and part from the ...
Mr. Plummer: You had an awful lot in here from Federal Revenue Sharing.
Mr. Odio: Yes, we did.
105 December 11, 1986
Mr. Plummer: And you think you are going to get enough from the State to
adequately make up for the difference?
Mr. Odio: If not, we will have to make it up, either with more fees,
increasing the fees, or reducing the number of people we serve, but we cannot
afford from General Fund.
Mr. Plummer: OK.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10096, ADOPTED APRIL 10, 1986, BY CHANGING THE NAME OF
THE SPECIAL REVENUE FUND ENTITLED: "PRE-SCHOOL
PROGRAM" TO "PRE-SCHOOL PROGRAM - CONSOLIDATED" AND
APPROPRIATING ADDITIONAL FUNDS FOR THE OPERATION OF
SAME IN THE AMOUNT OF $58,233 COMPOSED OF PROGRAM
PARTICIPATION FEES, DESIGNATED FOOD REIMBURSEMENTS,
AND CARRYOVER FUND BALANCE FROM THE FISCAL YEAR 1983-
84 PRE-SCHOOL PROGRAM; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote -
AYES: Commissioner 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.
42. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED FIRST READING ORDINANCE
APPROPRIATING FEDERAL URBAN DEVELOPMENT ACTION GRANT FUNDS (UDAG) TO CRUZ
DEVELOPMENT CO. FOR HOUSING COMPLEX ON PARCEL 24 OF OVERTOWN/PARK WEST
PROJECT (See label #87)
Mayor Suarez: Items 44 and 45, UDAG grants for Cruz Development...
Mr. Odio: Yes, this is part of the...
Mayor Suarez:... although I could have sworn we have already approved this
about five times.
Mr. Matthew Schwartz: Right, this is to allow the Manager to execute the
agreement that would appropriate the funds for this.
Mr. Dawkins: OK, somebody tell me - I'll wait for a motion until it is moved.
Mr. Plummer: How much is the UDAG grant?
Mr. Schwartz: There are two UDAG grants. 44 and 45 refer to Cruz Development
for $5,600,000, and 46 and 47 are Pan American Realty for $4,500,000.
Mr. Plummer: And how does the City realize this money back?
Mr. Schwartz: OK, the City realizes the money back after year 11. It will be
received we estimate, on the Cruz Development, after year 11, approximately
$400,000 a year, to the 30 years of the repayment. On Pan-American, we
106 December 11, 1986
estimate that it would be about $203,000 a year, starting at year eleven, with
a balloon after year 22.
Mr. Plummer: Where does this place us if there is a default?
Mr. Schwartz: I don't believe the City has any liability.
Mr. Plummer: Not liability. What happens to these funds if there is a
default?... foreclosure?
Mr. Schwartz: Foreclosure on the property?
Mr. Plummer: Yes, what is the City's position?
Mr. Schwartz: I will get right back with you. Let me just check.
Mr. Plummer: I sure hope so!
Mr. Odio: Let me check it out.
Mr. Dawkins: Are you finished, Mr. Plummer?
Mr. Plummer: No.
Mr. Dawkins: OK, go ahead.
Mayor Suarez: Do you want to table 44 and 45 for the moment, or do you want
to ask...
Mr. Dawkins: Well, let me ask him my questions, because...
Mr. Plummer: It applies to 46 and 47 also, Mr. Mayor. Same thing.
Mr. Dawkins: Well, let me ask my question, because you may have to get back
to me too. What is the sale price of the units in each group?
Mr. Matthew Schwartz: These are rental. These are both rental projects.
Mr. Dawkins: Whatever the rental unit is, let me know.
Mr. Schwartz: OK.
Mr. Dawkins: And let me know what the cost per unit, OK?
Mr. Schwartz: OK.
Mr. Dawkins: Now, what's the construction cost? That's what I want to know -
what is it per square foot?
Mr. Schwartz: Per square foot?
Mr. Dawkins: For both groups.
------------------------------------------------------------------------------
43. FIRST READING ORDINANCE: ESTABLISH $200,000 FUNDING PROGRAM FOR 8
COMMUNITY CULTURAL EVENTS (FESTIVALS).
Mayor Suarez: Item 48. This is our $200,000 for special...
Mr. Odio: This is establishing a funding program for eight community cultural
events, of the $200,000.
Mayor Suarez: Could have sworn we did this already, but I guess now it's in
the form of an ordinance.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
107 December 11, 1986
Mayor Suarez: Moved, seconded. Any discussion? Read the ordinance and call
the roll.
(At this point the City Attorney read the ordinance into the public record, on
first reading.)
Mayor Suarez: Call the roll.
Mr. Dawkins: Under discussion.
Mayor Suarez: Sorry. Commissioner Dawkins.
Mr. Dawkins: There is $160,000 budgeted for these next year, Mr. Manager?
Mr. Plummer: One -fifty.
Mr. Dawkins: One -six...
Mr. Odio: Sir? Yes, sir, you told me to put it in the budget for the next...
Mr. Dawkins: One -sixty.
Mr. Plummer: Oh, I'm sorry, yeah, for next year.
Mr. Dawkins: Uh-huh. And so, therefore, Orange Blossom Classic will get
$28,000; Bethune-Cookman, $12,000, and each of the others will get $20,000,
with the cut.
Mr. Odio: Yes, sir. That's the way you...
Mr. Plummer: And I assume we'll use the new portion to fund another one.
Mr. Dawkins: What new portion?
Mr. Plummer: Well, in other words, the forty thousand that's not being used.
Mr. Dawkins: What forty thousand isn't being used?
Mr. Plummer: When you cut it by 20, brings you down from 200 to 160.
Mr. Dawkins: Yeah?
Mr. Plummer: It was my understanding that we would take that 40,000 and fund
a new festival for another five-year period running. The basis of what I
understood, Miller, was similar to the Orlando plan, where we get them on
their feet in a certain period of time. If they don't make it, they're out.
But we get them on their feet and get their programs running. We will address
that next year, not now.
Mr. Dawkins: So, in other words, what you're saying, then, is that we
really... well, then, what we're doing is budgeting $200,000 a year, for
festivals.
Mr. Plummer: I thought. —Yes, that's what I understood.
Mr. Dawkins: OK. OK. OK, no problem. I just need to know what we're doing.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A FIVE-YEAR FUNDING PROGRAM
USING $200,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, FOR THE PURPOSE OF FUNDING EIGHT (8)
COMMUNITY CULTURAL EVENTS; FURTHER PROVIDING THAT,
USING THE FIRST YEAR'S FUNDING AMOUNTS AS A BASE,
FUNDING FOR EACH EVENT FOR EACH SUCCEEDING YEAR SHALL
BE DECREASED BY AT LEAST 20 PERCENT FROM THE BASE
YEAR'S ALLOCATION FOR A MAXIMUM FUNDING PERIOD OF FIVE
YEARS; FURTHER CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE. .
108 December 11, 1986
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
---------------------------------------------------------------------
44. DISCUSSION REGARDING LOAN FOR COCONUT GROVE PLAYHOUSE; FURTHER URGING MR.
MITTELMAN TO APOLOGIZE FOR CERTAIN COMMENTS HE MADE. (ALSO SEE LABELS
#46 AND #48)
-------------------------------------- ---------------------------------------
Mrs. Kennedy: Mr. Mayor, I'd like to ask the City Manager what's happening
with the negotiations between the City and the Coconut Grove Playhouse. I
thought that the City was doing everything in its power to come to an
agreement. The question, as I recall, was the collateral. And then one day I
opened the paper, and in Fred Tasker's columns was Arnold Mittelman, saying
some very tacky remarks.
Mr. Odio: Well, Arnold Mittelman should not ... he is not a very good...
Mr. Plummer: Has he ever done differently?
Mr. Odio: He's got a nasty personality, you know that? But we are...
Mr. Plummer: Madame City Attorney, is that slanderous?
Mayor Suarez: Let the record reflect that was the City Manager speaking.
Mr. Plummer: No, they say ... what is the best defense for slander, is the
truth? I'm sorry, go ahead, Mr. Manager.
Mr. Odio: I guess he has to be that way, to raise funds, I don't know.
Mrs. Kennedy: Go on, go on.
Mr. Odio: I will say that the last I heard is that...
Mayor Suarez: It does not necessarily reflect the opinions of everybody else
on this Commission, although it might.
Mr. Odio: They were going to provide the collateral, and I believe they were
in the process of doing so, and then we can enter into an agreement. I
believe we are in that phase right now.
Mrs. Kennedy: Well, if that is so, and if negotiations are under way, I think
that Mr. Mittelman owes this Commission an apology, and I would urge him to
come at the next meeting...
Mr. Plummer: Oh, please.
Mrs. Kennedy: Yes.
Mr. Plummer: No, no, I'll forego it.
Mr. Odio: Please, I'd rather not see him here.
Mr. Plummer: I'll forego it. Send it to us in writing.
109 December 11, 1986
Mayor Suarez: By mail, by mail.
Mrs. Kennedy: OK, send it to us in writing, that's good enough for me.
Mr. Plummer: Please!
Mr. Odio: Mr. Tasker should have picked up both sides of the stories, that we
said that we were giving the money based on a collateral. He never wanted to
provide a collateral.
Mrs. Kennedy: Right. He never wanted to give us, yes, I remember.
Mr. Odio: Now they will, and now we are in the conclusion of the agreement.
Mrs. Kennedy: OK.
Mr. Odio: And then he will get his money.
Mr. Plummer: No one has ever accused Tasker of being factual.
Mayor Suarez: Item 49.
45. ALLOCATE $3,200 TO "A MEXICAN CHRISTMAS IN THE GROVE" (AEROMEXICO, INC.).
------------------------------------------------------------------------------
Mr. Dawkins: No, before you get to 49, since we're on festivals, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Dawkins: The Aeromexico is desirous of having a Mexican Christmas in the
Grove, and they are asking that we waive the fee for the use of the park, and
they guarantee us if we waive it this year, next year they'll be able to do it
on their own. And, so, I'd like to move that we waive it, since this is one
organization that says that if we give them some money one time - this is the
first time I've had this happen - they say they will not be back.
Mrs. Kennedy: I second.
Mayor Suarez: So moved and seconded.
Mrs. Kennedy: I think they really promote the City, and it would be kind of
bad not to have us waive those fees.
Mayor Suarez: What kind of money are we talking about, for —what would
otherwise...?
Mr. Plummer: Thirty-one.
Mrs. Kennedy: Thirty-two hundred.
Mr. Dawkins: Thirty-two hundred dollars.
Mayor Suarez: City Manager had authority to do that, so we're basically
giving you...
Mr. Odio: Thirty-five hundred dollars,...
Mr. Dawkins: Thirty-five hundred.
Mr. Odio: ...but I didn't want to approve that. I wanted to come here...
Mayor Suarez: You want us to be on record. OK. Any further discussion?
Call the roll.
Mr. Dawkins: Oh, you were going to approve it. OK, no problem. Call the
roll.
110
December 11, 1906
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-1006
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $3,200
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
TO COVER THE COST OF CITY SERVICES AND FEES IN SUPPORT
OF "A MEXICAN CHRISTMAS IN THE GROVE" TO BE CONDUCTED
BY AEROMEXICO, INC. ON DECEMBER 14, 1986 IN PEACOCK
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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
46. CONTINUED DISCUSSION REGARDING LOAN FOR COCONUT GROVE PLAYHOUSE; FURTHER
URGING MR. MITTELMAN TO APOLOGIZE FOR CERTAIN COMMENTS HE MADE. (ALSO
SEE LABELS #44 AND #48)
Mayor Suarez: Item 49.
Mr. Plummer: !love it.
Mr. Odio: Mr. Mayor, just adding information to that Coconut Grove Playhouse,
the contract will be signed next week.
Mr. Plummer: You're indicating he has found the collateral?
Mr. Odio: He has provided a collateral, and we will sign next week.
Mayor Suarez: Great.
Mr. Frank Castaneda: Accounts receivable will be the collateral.
Mr. Plummer: The what?
Mr. Castaneda: Accounts receivable.
Mr. Odio: Their accounts receivable.
Mr. Plummer: What accounts receivable?
Mr. Odio: The ones that they have.
Mr. Plummer: Aw, come on! Are you telling me that with a thing that is
defunct, and going under, you are talking about accounts receivable?
Mr. Odio: No, he's getting $500,000 from his take. (ASIDE) He's getting how
much money from his take? $500,000?
Mr. Castaneda: Well, I believe it's $1,000,000, but anyway...
III December 11, 1986
Mr. Plummer: You know, no wonder you people are working for the City. You'd
lose your butts in the private sector.
Mr. Odio: We work for you.
Mr. Plummer: That is not collateral)
Mr. Castaneda: That is the only collateral that they're willing...
Mr. Plummer: Well, let him go out and find some others. How in God's name
can you say that that is collateral? That's like the Polish auditor that left
town with the accounts receivable.
Mr. Carollo: Who?
Mr. Plummer: I mean, are you kidding me?
Mr. Castaneda: No, what they said they were doing is, the money that they get
from the State is being deposited in...
Mr. Plummer: But that's not accounts receivable.
Mr. Odio: Yes, they are.
Mr. Castaneda: But it's accounts receivable to them.
Mr. Plummer: Yeah, but if they spend it, what happens to it?
Mr. Odio: They cannot spend it.
Mr. Castaneda: They cannot spend it.
Mr. Dawkins: It's theirs. It's theirs.
Mr. Plummer: Aww. I don't believe you! I can't believe that you're willing
to accept that.
Mr. Odio: Commissioner, no, we haven't accepted. I tell you, before we sign
any agreements, we'll show it to each one of you, and then you can decide.
But the monies are guaranteed. They will be placed in escrow - is that
correct?
Mr. Castaneda: Right.
Mr. Odio: And then they...
Mr. Plummer: Oh, they're going to put a reserve in escrow, of $200,000?
Mr. Odio: Yes, J.L.
Mr. Castaneda: Yeah, right, the law...
Mr. Plummer: In escrow.
Mr. Castaneda: Right, the law...
Mr. Plummer: Then it's not the accounts receivable, it's an escrow fund
you're collateraling against.
Mr. Castaneda: Right.
Mr. Plummer: Ahal Big difference.
Mr. Odio: OK, fine.
Mr. Plummer: OK, fine.
Mr. Odio: That's it.
Mr. Plummer: Hey, no problem.
Mayor Suarez; Did we get Item 49...
112 December 11, 1986
Mr. Plummer: The only problem I have is with your terminology.
Mr. Odio: That's right.
Mr. Carollo: I make a motion that we name Plummer finance director.
Mr. Odio: Ish.
Mr. Plummer: No, don't do that, Joe; they couldn't stand me around here - I'd
make money for the City.
Mr. Dawkins: We can't stand him now, Joe.
(Laughter)
Mr. Carollo: You've buried everybody.
Mr. Plummer: They couldn't stand that.
Mr. Dawkins: He's buried...
Mr. Carollo: You've buried everybody.
47. ALLOCATE $150,000 TO 6 COMMUNITY CULTURAL EVENTS (FESTIVALS).
------------------------------------------------------------------------------
Mayor Suarez: Did we decide on 49, Madame City Clerk? Seems like another
housecleaning item here.
Mr. Plummer: I moved it.
Mayor Suarez: You moved it.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1007
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$150,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF SIX (6) COMMUNITY
CULTURAL EVENTS; SAID ALLOCATION BEING CONDITIONED
UPON SUBSTANTIAL COMPLIANCE WITH ADMINISTRATIVE POLICY
NO. APM 1-84, DATED JANUARY 24, 1984.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
113 December 11, 1986
------------------------------------------------ - -------- -------------------
48. CONTINUED DISCUSSION REGARDING LOAN FOR COCONUT GROVE PLAYHOUSE; FURTHER
URGING MR. MITTELMAN TO APOLOGIZE FOR CERTAIN COMMENTS HE MADE. (ALSO
SEE LABELS #44 AND 046)
Mrs. Kennedy: And Frank, could you make sure that Mr. Mittelman knows that at
least there's one. Commissioner who's not happy with him at all. And I do
think that he owes this Commission an explanation.
Mr. Castaneda: OK, I will.
Mr. Plummer: Tell him his check is predicated on that letter of apology.
Mr. Castaneda: OK.
Mr. Plummer: That's a condition.
49. AUTHORIZE RENEGOTIATED COLLECTIVE BARGAINING AGREEMENT WITH GENERAL
EMPLOYEES UNION (AFSCME).
Mayor Suarez: Item 50. This is the AFSCME...
Mr. Odio: This is the contract with AFSCME. They have agreed...
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved, seconded. Any discussion? Call the roll on Item 50.
Mr. Carollo: Any statements from the union?
Mr. Dawkins: No, they're not even here, Joe.
Mr. Plummer: Excuse me?
Mr. Carollo: Any statements from the union representatives.
Mayor Suarez: Where's A.G.?
Mr. Odio: Is he here?
Mr. Plummer: By being on the agenda, I assume they're in concurrence.
Mr. Odio: He's working in the Parks Department. He's working.
Mr. Plummer: In the Police Department?
Mr. Odio: In the Parks Department.
Mr. Carollo: Well, they're either very happy with it, or very unhappy.
Mr. Odio: They are very happy with it, sir.
Mr. Plummer: They'd be here to tell us about it if they weren't.
Mayor Suarez: Call the roll.
114 December 11, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1008
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A RENEGOTIATED COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF MIAMI AND THE MIAMI GENERAL
EMPLOYEES/AFSCME, LOCAL 1907, AFL-CIO, FOR THE PERIOD
OF OCTOBER 1, 1986 THROUGH SEPTEMBER 30, 1987, SUBJECT
TO THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED
RENEGOTIATED ARTICLES OF THE COLLECTIVE BARGAINING
AGREEMENT IN EFFECT FROM OCTOBER 1, 1984 THROUGH
SEPTEMBER 30, 1987, PURSUANT TO RESOLUTION NO. 84-
1170, ADOPTED OCTOBER 10, 1984.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
50. $14,170.12 PAYMENT TO "REVIEW FINANCIAL PRINTERS" FOR PRINTING AND
DISTRIBUTION OF GENERAL OBLIGATION BONDS.
------------------------- ----------------------------------------------------
Mayor Suarez: Item 52.
Mr. Plummer: Who's this? Review of financial printers. Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 52.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1009
A RESOLUTION AFFIRMING THE PAYMENT OF $14,170.12 TO
REVIEW FINANCIAL PRINTERS FOR EMERGENCY PRINTING
SERVICES PROVIDED IN CONNECTION WITH THE PRINTING AND
DISTRIBUTION OF CITY OF MIAMI OFFICIAL STATEMENTS FOR
THE SALE OF GENERAL OBLIGATION BONDS, AS PROVIDED FOR
IN THE MASTER BOND RESOLUTIONS, TO BE PAID FROM FUNDS
AVAILABLE FROM THE PROCEEDS OF THE BOND SALE.
(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-
115 December 11, 1986
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.
51. APPROVE EMERGENCY CONSTRUCTION OF A WALL AT FIRE STATION NO. 5.
Mayor Suarez: Item 53.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Hearing none, call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1010
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 IN FINDING
THE CONSTRUCTION OF A 2-1/2 FT. HIGH BARRIER WALL AT
FIRE STATION NO. 5 TO BE AN EMERGENCY PURCHASE AND IN
AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE
ORDER FOR THE CONSTRUCTION OF SAID WALL TO GROUP IV
CONSTRUCTION, INC. TO THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF
$9,813.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87
OPERATING BUDGET.
(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.
116 December 11, 1986
52. EMERGENCY PROVISION OF CONSTANT ARMED SECURITY GUARD SERVICES FROM FLOYD
PROTECTION CORPORATION UNTIL POLICE MINI -STATION IS RELOCATED TO OVERTOWN
SHOPPING CENTER.
Mayor Suarez: Item 54.
Mr. Plummer: Mr. Manager, I'm going to move it, and then under discussion.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Under discussion.
Mr. Odio: Which one, Commissioner?
Mr. Plummer: This is Item 54. Why does this particular... this and the Little
Havana Activities Center, why do we have to use security guards? First of
all, I don't know why we have to provide the security service around the
clock, because you're opening the door to every other one wanting the same
that you're providing here. We have a lot of policemen that are either on
light duty, or are not fully working, and why can't we use them? I mean,
we're paying them every day.
Mr. Odio: Yes, sir, and you're right. I checked it out yesterday, and the
problem is, the officers in light duty are not allowed to wear a uniform when
they're outside; they have to be behind a desk, within the Police Department,
because of a liability problem, as I was informed. And we cannot use them
as...
Mr. Dawkins: But we don't have enough policemen in patrol cars, who could
patrol the place every hour, or every half an hour? Because that's about all
the guards walk around there.
Mr. Odio: Well, Commissioner...
Mr. Dawkins: I don't know, I'm asking. I'm ask...
Mr. Odio: It's a risk. We have quite a few offices in the Little Havana
building, and it's just so big, that if we don't ... I can look into it, and
delay this, if you would.
Mr. Plummer: But, all right, the one before is Item 54, and that's the
Overtown shopping center. And this contract here is only for a month. But, I
mean, why do we need it? Why wouldn't every place in the Overtown area need
it the same way?
Mr. Odio: Well, I will ask you to defer these two items. I can bring them
back in January, and I'll do something different for a month, until I can have
a chance to review that.
Mr. Dawkins: And I really don't understand why you guys want to protect the
Overtown shopping, when Dr. whatever -his -name -is owes us almost $8,000 in
rent, and won't pay it, and then you're going to provide a guard to protect
his stuff, he will not pay us where he's got our rent?
Mr. Plummer: Yeah, plus you're talking about having a guy to provide radios
in his car?
Mr. Odio: Mr. Plummer, defer it, please; I'll take care of it.
Mr. Plummer: Defer - I move that it be deferred.
Mr. Dawkins: Second.
Mayor Suarez: Move to defer; seconded. Any discussion? Call the roll.
Thereupon the City Commission, on motion duly made by Commissioner
Plummer, seconded by Commissioner Dawkins, passed an adopted the preceding
motion to defer Item 54, by the following vote:
117 December 11, 1986
NNW
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 55.
Mr. Plummer: Fifty-five, we only got before us this morning, Mr .... what is
your recommendation on the vendors?
Mayor Suarez: Concessions for the Orange Bowl and Miami Stadium.
Mr. Odio: OK, let me clarify something. Item 54, he's already done this, and
he's ratifying, because we had to take emergency steps there, to protect that
building for a month. If you would allow us to pay this and then cancel, and
then take another measure of security there.
Mr. Dawkins: So moved.
Mr. Plummer: Second.
Mayor Suarez: Moved 54; seconded. Any discussion? Call the roll on 54.
It's one month.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-1011
A RESOLUTION RATIFYING, BY A FOUR -FIFTHS AFFIRMATIVE
VOTE OF THE CITY COMMISSION, THE CITY MANAGER'S
EMERGENCY PROVISION OF TWENTY-FOUR HOUR DAILY, SEVEN
DAYS PER WEEK, ARMED SECURITY GUARD SERVICES WITH
MARKED COMPANY CARS AND WITH RADIOS FOR ONE MONTH,
FROM NOVEMBER 8, 1986 THROUGH DECEMBER 8, 1986, FROM
THE FLOYD PROTECTION CORPORATION, A BLACK MINORITY
VENDOR, AT A. COST OF $7,068, FUNDS THEREFOR BEING
AVAILABLE FROM THE 1986-87 LEASED PROPERTY MAINTENANCE
FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND
THIS SERVICE FOR A PERIOD NOT TO EXCEED ONE MONTH AT A
TIME UNTIL SUCH TIME AS THE CITY'S POLICE MINI -
STATION, CURRENTLY LOCATED AT THE CULMER/OVERTOWN
COMMUNITY CENTER IS RELOCATED TO THE OVERTOWN SHOPPING
CENTER, AT WHICH TIME, THE CITY MANAGER SHALL REQUEST
THE CITY COMMISSION'S APPROVAL TO FORMALLY ADVERTISE
FOR BIDS FOR TWELVE -HOURS DAILY, SEVEN DAYS PER WEEK,
SECURITY SERVICES.
(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.
ON ROLL CALL;
lls December 11, 1986
Mr. Plummer: I'm going to vote yes, but I want to tell you something, buddy:
it rubs me wrong to vote after the fact.
Mayor Suarez: I get the feeling we're going to hear from this item again.
Mr. Plummer: I'm not giving approval, I'm ratifying the administration.
Mr. Odio: Right, sir.
---------------------------------------------- -------------------------------
53. LONG DISCUSSION - INSTRUCT TO NEGOTIATE WITH VOLUME SERVICES INC. FOR
CONCESSION OPERATIONS AT THE ORANGE BOWL AND MIAMI BASEBALL STADIUM.
(ALSO SEE LABEL #63)
Mr. Plummer: Fifty-five.
Mayor Suarez: Yes. Fifty-five?
Mr. Odio: OK.
Mr. Walter Golby: We received four RFP's from various companies, and the
administration recommends Volume Services, Incorporated, which will pay to the
City 42.18 percent annual gross of sales, and will make a capital improvement
of $575,000.
Mr. Dawkins: What is he reading from?
Mr. Plummer: For the record, Mr. Golby. Is this the book you're talking
about? For the record, Mr. Golby, when was this book delivered?
Mr. Golby: December 5th.
Mr. Plummer: When?
Mr. Golby: December 5th.
Mr. Plummer: No, sir.
Mr. Dawkins: To who... to the Commissioners.
Mr. Plummer: When did the Commission, who has got to vote on it, when did we
receive it?
Mr. Golby: Yesterday.
Mr. Plummer: No, sir.
Mr. Golby: This morning?
Mr. Plummer: This morning. Now, here is a document - I don't know how many
pages there are in this document, but you expect me, with a full agenda, to
read this book, to be knowledgeable to vote on this thing today. Now, I know
it's got to be voted on today, OK? I know that. But I'm telling you, you are
putting me in an untenable position, to ask me to go through this thing. I
can't do itl Now, I don't know about the rest of the Commissioners.
Mr. Jack Eads: Commissioner, I understand...
Mr. Dawkins: How many of these firms are minorities?
UNIDENTIFIED SPEAKER (OFF MIKE): All four of them.
Mr. Dawkins: All four of them.
Mr. Eads: All four of them had some minority participation. It varied.
Mr. Dawkins: How many... OK, I'll rephrase, I'll ask my question again. How
many of them are minority firms? Not how many of them got some of us working
for them.
119 December 11, 1986
Mr. Eads: Minority owned, with no...51 percent minority owned, is that what
you're asking?
Mr. Dawkins: Yes, sir - 55, 56, 80.
Mr. Eads (OFF MIKE): One was?
Mr. Dawkins: Which one is that?
Mr. Eads: World Wide Services, I believe was the name of it.
Mr. Dawkins: All right, World Wide Concessions, right?
Mr. Eads: World Wide Concessions, yes.
Mr. Dawkins: Cuban, Black, Hispanic, American Indian, or what?
Mr. Eads: Female.
Mr. Dawkins: Female.
Mrs. Kennedy: Female?
Mr. Dawkins: Female what?
Mrs. Kennedy: I can't believe it! Finally.
Mr. Dawkins: Female what, White, female Black, female Hispanic, female what?
Mr. Eads: Anglo female, I believe.
Mr. Dawkins: All right, Anglo female, all right, OK. I'm like J.L. I mean,
I'm disturbed that you guys...
Mr. Plummer: Miller, Miller, the problem is - OK? -...
Mr. Dawkins: Yeah, I know what...
Mr. Plummer: ...they have got to do something today, because we have a big
game in there on the first of January, and they've got to have a
concessionaire in place, and the previous concessionaire is out.
Mr. Dawkins: Oh, yes.
Mr. Plummer: Oh, yeah.
Mr. Dawkins: Oh, yeah.
Mr. Plummer: Oh, yeah.
Mr. Odio: He's been notified.
Mr. Plummer: Now, all due respects to Mr. Shevin, who I saw sitting in the
audience,...
Mr. Dawkins: It's not him, it's his client. That's OK, no problem.
Mr. Plummer: Well, all I can say to you is, it's got to be voted on. Go
ahead, it's going to take an hour to go into the presentation. Go ahead.
Mr. Dawkins: What... huh?
Mr. Plummer: It's got to take an hour, to go through this whole damn book.
You're talking about a big situation.
Mr. Dawkins: Yeah, but, when you put the RFP out, you put the RFP out saying
that it would be awarded for how long?
UNIDENTIFIED SPEAKER (OFF MIKE): Awarded for five years.
Mr. Odio: Five years.
120 December 11, 1906
Mr. Eads: Five years. And there's a mutual option...
Mr. Dawkins: Five years?
Mr. Eads: Yes, sir.
Mr. Plummer: And a five-year option, isn't there?
Mr. Eads: There's a five-year option, yes.
Mr. Plummer: Five and five.
Mayor Suarez: We could always have a special session in December to consider
this.
Mr. Plummer: No, the last event in the Orange Bowl is the 22nd.
Mr. Dawkins: I can't. I'm not going to listen to this.
Mayor Suarez: Start tomorrow morning at nine.
Mr. Dawkins: I can't do nothing with it.
Mr. Plummer: You're recommending Volume Services? Is that the one you're
recommending?
Mayor Suarez: Why five years?
Mr. Odio: Based on the capital investment.
Mr. Eads (OFF MIKE): Because it requires capital investment.
Mr. Plummer: Well, that's...
Mayor Suarez: What amount of capital investments does it require?
Mr. Plummer: That's up to them; it's outlined here. It runs anywhere from
none...
Mayor Suarez: But what's...
Mr. Plummer: ...to $575,000.
Mayor Suarez: Then the answer doesn't make any sense: Why is it five years?
Because it requires a certain amount of capital expenditure. What is the
minimum required capital expenditure for the five years?
Mr. Plummer: None.
Mayor Suarez: So why is it five years, then?
Mr. Plummer: Because of the fact, that is when the contract runs out with the
University of Miami and the Orange Bowl Committee.
Mayor Suarez: So, it could be any other period of time. It could be...
Mr. Eads: Mr. Mayor,...
Mr. Plummer: It could be more...
Mr. Eads: ...in part of the information that was supplied to the potential
vendors,...
Mayor Suarez: Yes?
Mr. Eads: ...we indicated to them that there was going to be weight given
both to percentage to the City and to the capital investment in the Orange
Bowl.
Mayor Suarez: I understand.
121 December 11, 1986
Mr. Eads: We told them they would receive a maximum of 60 points for both of
those items, 30 for that and 30 for the ... 30 for the percentage, and 30 for
the capital investment, recognizing it was for a five-year period.
Mr. Plummer: Jack, let me ask you a question. You're recommending Volume
Services - and I'm not going into this in depth - yet, their minimum annual
guarantee is only $200,000, and the next one you have listed here, Service
America Corp., minimum guarantee is 675 - more than three times the amount.
And yet, Volume Services only is the capital investment of 50 thousand more.
Mr. Eads: Yes, sir, there were five categories, I believe that... it was a
committee process, that we evaluated bids on. One... That included the
percentage to the City, improvements to the facilities, experience of the
proposer, financial qualifications of the proposer, the maintenance and
operational program the proposer offered, and minority and female
participation.
Mr. Plummer: There's only one percent return difference between Volume and
Service, and I don't know either one of them, but I'm trying to come out with
why. The number two firm is guaranteeing 675, and the number one firm, which
is recommended, is only guaranteeing two.
Mr. Eads: It was strictly a numerical process, Commissioner. We started out
with the evaluation criteria. We went through and listed the presentations by
each one of the four, evaluated the bids, came up with the numbers, and where
they fell out is what you see before you.
Mr. Plummer: Well, matter of fact, as I now look further down the line, the
corporation that you're recommending was the lowest of all five in a minimum
of guaranteed return. Everyone else guaranteed a larger return.
Mayor Suarez: Yeah, that table really...
Mr. Plummer: This table doesn't make sense, I want to tell you.
Mayor Suarez: Why you would rank number one on the basis of the criteria
stated in the table, it doesn't come out number one at all, for that one.
You've got other criteria in mind, obviously, but not those three.
Mr. Plummer: Well, here's the criteria, on the second sheet.
Mayor Suarez: Because they've got the lowest minimum annual guarantee, by a
factor of three and a half; capital investments, almost the same, is the
second one, and percentage of gross receipts, the same as the second one. So,
on the basis of this table, the one you've got second is clearly superior.
Mr. Plummer: What did we see, what did we derive last year, from the
concessions in the Orange Bowl?
Mr. Golby (OFF MIKE): A total of about —the total. gross sales was around
four...
Mr. Plummer: No, sir, what did we - we, the City, what did we derive as our
percentage?
Mr. Odio (OFF MIKE): One million eight.
Mr. Plummer: One million eight. So, really, in effect, this minimum
guarantee is ... well, of course, the Dolphins won't be there, that's the big
difference.
Mr. Odio: We have to replace ten events.
Mr. Plummer: Are we mandated to do that, in this contract?
Mr. Odio: Oh, no.
Mr. Plummer: Did we have to replace it?
Mr. Odio: Oh, no.
Mr. Eads: No, sir.
122 December 11, 1986
Mr. Odio: No, sir. That's why...
Mr. Plummer: Well, I'm willing to take the time and read it before we leave
here, but I think it's got to be done. Where else does this company that
you're recommending exist?
Mr. Golby: They manage Tampa Stadium.
Mr. Plummer: And how long have they done that?
Mr. Golby: They're here to answer that question.
Mr. Plummer: Do they have any other accounts, beside Tampa Stadium?
Mr. David Scoco: May I address the Commission? My name is David Scoco. I'm
from Volume Services. Volume Services is a company that's based in Chicago
and we are operating over 45 professional and collegiate sporting athletic
stadiums. In Florida alone, we operate not only at Tampa Stadium, at the
Gator Bowl complex in Jacksonville, the Orange County Civic Center, the Ocean
Center in Daytona Beach. Nationally, we operate Yankee Stadium, the Los
Angeles Coliseum, Oakland Stadium, and a host of others. We are well
experienced in the field.
Mayor Suarez: We have a real problem with the scoring system here, because
consideration to the City, Service America Corporation is clearly superior to
the number one, and that's 30 points, according to your criteria. And
proposed improvements to the facilities are both approximately the same, so
that you would have after those two, which make up 60 points, number two being
way ahead of the one you've got as number one. And the other, experience of
the proposer, unless Service America Corporation have never done this, I can't
imagine them getting far behind. Financial qualifications, maintenance and
operations program, and minority and female participation - I just can't see
it.
Mr. Plummer: Here's your point schedule, here, Xavier.
Mayor Suarez: Well, consideration to the City has got to be the minimum
annual guarantee, because the receipts, percentage of gross receipts, is
almost the same. What else is consideration to the City?
(INAUDIBLE COMMENT, UNIDENTIFIED SPEAKER,)
Mayor Suarez: Yeah, I guess the projected gross, but we don't know how much
it's going to be. I ... They gave you a very low minimum.
Mr. Plummer: Yeah, that...
Mayor Suarez: Very low minimum.
(INAUDIBLE CONVERSATIONS, OFF MIKE)
Mayor Suarez: Well, the other ones are smart enough to...
Mr. Plummer: You asked for a minimum of $200,000?
Mayor Suarez: I'd like to renegotiate that.
Mr. Alejandro Vilarello: We can.
Mayor Suarez: They're the number one bidder, according to your system. Would
you give us a higher guaranteed minimum payment?
Mr. Scoco: I might offer that. In an alternative proposal that was part of
our response to the RFP, we did offer a $500,000 annual guarantee, and during
the course of negotiations we'd be happy to discuss that.
Mr. Dawkins: Is that legal?
Mayor Suarez: Yeah, they're rated number one. If we give it to the number
one, we can, with the instructions that we renegotiate that point.
123 December 11, 1986
Mr. Vilarello: You can renegotiate the RFP or the proposal, so long as
it's... generically, so long as it's a better deal for the City. And you're
not giving an unfair advantage to the successful proposer.
Mr. Plummer: Is the other company here? Is there anyone here from Service
Americorp?
Mayor Suarez: See, the other criteria of return of investment, between number
one and number two, clearly favors them. So, if you didn't give us a minimum
return to the City that was comparable to theirs, you would be inferior,
unless these other criteria, which are really less tangible, were, you know,
enormously better in your case. I mean, it would be very tough for us to
accept that, because you never know if we're going to make the projections
that you expect, particularly since we don't have the Dolphins as of - next
year, right?
Mr. Eads: As of the 22nd of .....
Mayor Suarez: So we don't know what kind of volume of spectators we're going
to have, spending money on concessions, and so on.
Mr. Golby (OFF MIKE): So, we can come up with a reasonable assumption.
Mayor Suarez: Yeah, we have a reasonable assumption, which, if it isn't true,
we're going to end up with $200,000.
Mr. Scoco: Our analysis, based on historical events at the Orange Bowl and
Miami Baseball Stadium complex, excluding the Dolphins, show that the actual
rental that was earned, based on the percentage basis, was in excess of either
minimum guarantee. So, we are confident as a corporation...
Mayor Suarez: Yeah, but an excess of your guarantee is only $205,000, for
example; whereas the other guarantee is $675,000, right? I would propose
that. I would entertain a motion to that effect, if you renegotiate the
minimum guarantee with the number one bidder. Six seventy-five, they're
guaranteeing. I don't know if they're good for the money, but...
Mr. Plummer: What were your gross sales last year?
Mr. Scoco: Sir?
Mr. Plummer: What were your gross sales last year?
Mr. Scoco: The gross sales of the Volume Services company were in excess of
$80,000,000 annually.
Mr. Plummer: Sir, are you amenable to renegotiating the minimum return?
Mr. Scoco: Yes, I will say that the corporation would be amenable to
negotiating the minimum guarantee.
Mr. Plummer: Can you speak for them?
Mr. Scoco: I can speak to that extent. I cannot speak to the exact dollar
amount that may result.
Mr. Plummer: Well, why don't you and the committee go back in the room, and
spend a couple of hours? Maybe you can talk with your big boo-hoos, and you
can come closer to the 675.
Mr. Scoco: I'd be happy to do that. I'd also like to add one point before
the Commission, and that is, I think one of the things that you must consider
is the short time frame that exists between your action today and the
execution of an agreement, and that Orange Bowl event. Our company, because
of our presence in South Florida, is most capable, and prepared to begin
immediate transition, as well as establishing our operations, so that the
Orange Bawl event can be one that reflects well on not only the committee, but
the City. And I think that's something that also should be considered.
Mr. Dawkins: Mr. City Attorney. Are we legal when we go back there with him
to negotiate more money, and do not take the second guy back there now and
negotiate more money? Are we legal if we accept his bid, with the
124 December 11, 1986
understanding that he has pledged to negotiate... renegotiate? Which one is
legal, there?
Mr. Vilarello: If you take your number one selected bidder, proposer, you can
always negotiate a better deal.
Mr. Dawkins: But you have to accept it.
Mr. Vilarello: You have to accept it.
Mr. Dawkins: We can't just go back there with him, now, alone, where we got
four bidders here, and negotiate. That's unfair to the other three, isn't it?
Mr. Vilarello: No, if you take the second man, selected bidder, and have that
second bidder match what the first one had proposed, then what you're doing is
creating an unfair advantage for that second bidder, to the detriment of the
first bidder. The other way around, you can negotiate a better deal with the
selected bidder, the number one selected bidder.
Mr. Plummer: Whose option is the second five years?
Mr. Eads: The City's option.
Mr. Plummer: The City's option?
Mayor Suarez: Very good question.
Mr. Plummer: Well, I tell you, I think you all ought to go back in the back
room for a couple hours, talk it over.
Mr. Carollo: Well, what I don't understand is, if we have one firm that's
given a minimum annual guarantee of $675,000 - how much is your firm giving?
Mayor Suarez: Two hundred.
Mr. Carollo: Excuse me?
Mr. Scoco: On the base bid, our guarantee is $200,000; on the alternative,
it's $500,000.
Mr. Plummer: Well, what was the alternative?
Mr. Scoco: The alternative bid that we submitted suggested that the five-year
option become a mutual one, only ultimately the City's option remains in
effect; just, it would give us an opportunity, if we were not interested in
the second five, to not exercise that option.
Mayor Suarez: There's not really such a thing as a mutual option. There's no
option. Go ahead.
Mr. Scoco: The second option offered the City a $500,000 guarantee for year
one, and the successive years' minimum guarantee at 85 percent of each
previous year's guaranteed... actual earned rent. In other words, if it turned
out at the end of the first year of the contract, we paid you $1,000,000 in
rent, actually, the second year guaranteed commission - the guaranteed revenue
to the City - would then become $850,000, so we're providing the City an
escalating minimum guarantee, under our alternative proposal, that will exceed
the $675,000.
Mr. Plummer: Well, I think that to get where you are right now, you're going
to have to come up into the five to six hundred thousand minimum guarantee,
with that percentage kick -in, would sound all right to me. But, other than
that, I think we're just ... we're out the window. That's why I think you all
ought to go back and talk about it.
Mayor Suarez: I'll entertain a motion to that effect. Now, we do have to
first choose them, with that proviso that we negotiate further the minimum
guarantee.
Mr. Plummer: With the fact that we choose them, only to renegotiate and later
take the option,...
125 December 11, 1986
Mayor Suarez: That's.a good question.
Mr. Plummer: ...I'll move that we choose them.
Mayor Suarez: OK, so moved.
Mr. Dawkins: Second, all right.
Mayor Suarez: Seconded. Any further discussion? Call the roll.
Mr. Plummer: Mr. City Att... wait.
Mayor Suarez: We can always go back, right? I mean, we don't...
Mr. Plummer: Mr. City Attorney, I am...
Mayor Suarez: ...we're not bound by this, right?
Mr. Plummer: You make damn sure that I am not giving them anything that they
can come back on and say, hey, that they were the awardee.
Mr. Dawkins: Or that we give other firms out there any legal grounds to
challenge us.
Mr. Plummer: No, no, no, I don't want to give them any kind of vested rights
by doing this.
Mayor Suarez: Right, no vesting! Is that understood, can we ask them, so
they can be...?
Mr. Vilarello: Well, to make sure, you can ask them to waive any...
Mr. Plummer: How about this? I make a motion to send this firm to the
Manager for final negotiations.
Mr. Odio: Can you do that, Alex? Lucia? Yeah?
Mr. Dawkins: Second.
Mrs. Dougherty: Yes.
Mr. Vilarello: Yes.
Mayor Suarez: With the...
Mrs. Dougherty: Waive the procedure - waive any objections to this procedure.
Mr. Vilarello: The sure way to do it...
Mayor Suarez: ...indications we have given to the City Manager.
Mr. Vilarello: ...is to get a waiver from the bidder, that they will waive
any objections to us handling it this way.
Mr. Scoco: I think the only basis that we'd be willing to provide such a
waiver, is that you grant us the award of the contract at present; we discuss,
under the RFP process as set forth, we conduct the negotiations.
Mr. Plummer: I move that the administration be instructed to now negotiate
with Service American Corp. Since this firm doesn't want to negotiate and
give the waivers the City requires, then we'll go to the next one.
Mayor Suarez: So moved. We drive a hard bargain around here.
Mr. Plummer: No, no, it's not a hard bargain. The man has made his point.
Mr. Scoco: If I may add additional discussion. I think you need, perhaps, in
that event, to spend some additional time to review the proposal that you have
in hand, and we'll be...
Mayor Suarez: Don't have it.
126 December 11, 1986
s
Mr. Scoco: We'll be pleased...
Mayor Suarez: We don't have it.
Mr. Scoco: In that case, we'll be pleased to negotiate with the City relative
to the base bid and/or the alternative proposal.
Mr. Plummer: And you waive your objection?
Mr. Scoco: I'll waive my objection this...
Mr. Plummer: I so move.
Mr. Scoco: ...afternoon; however...
Mayor Suarez: You're waiving vesting for two hours. I mean, you can't be any
more reasonable than that on behalf of your...
Mr. Scoco: I'm not ready to waive any additional remedy.
Mr. Dawkins: I'll second J.L.Is... I'll be able... it's three o'clock. I
second J.L. Plummer's motion.
Mrs. Kennedy: I did that already.
Mr. Dawkins: OK, well, I call the question.
Mayor Suarez: OK, but we ... are you waiving the vesting of any rights by the
two hours ensuing negotiation?
Mr. Dawkins: (INAUDIBLE COMMENT, OFF MIKE)
Mayor Suarez: Let me just clarify this, because we're going to have a lawsuit
on our hands, Commissioner.
Mr. Scoco: I would like to understand clearly, which I do not right now, what
your intent is in asking me of the waiver for this two-hour period?
Mr. Plummer: To go back and negotiate.
Mr. Scoco: For this two hours...
Mr. Plummer: Yes, sir.
Mr. Scoco: Prior to the Commission acting on the award of the contract?
Mr. Plummer: Yes, sir.
Mr. Scoco: Yes.
Mayor Suarez: Thank you.
Mr. Plummer: Thank you, sir.
Mayor Suarez: Call the roll. I knew we'd get it.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-1012
A MOTION INSTRUCTING THE ADMINISTRATION TO GO AHEAD AND
NEGOTIATE FOR A TWO HOUR PERIOD WITH VOLUME SERVICES INC.
FOR CONCESSION OPERATIONS AT THE ORANGE BOWL AND MIAMI
BASEBALL STADIUM SUBJECT TO SAID FIRM AGREEING T0: (a)
RENEGOTIATE THE MINIMUM GUARANTEE IN THEIR PROPOSAL, AND
(b) WAIVE ANY OBJECTION TO SUCH TWO HOUR NEGOTIATION
PERIOD PRIOR TO THE CONCESSION CONTRACT BEING FINALLY
AWARDED BY THE COMMISSION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
127 December 11, 1986
El
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: With the Mayor's help, yes.
Mayor Suarez: Yes. I'm not going to be in the negotiations, eh7 Then I'll
get sued.
NOTE FOR THE RECORD: At this point, Item 56 was deferred until later in the
day.
54. APPOINT JOSE SOLANA TO AFFIRMATIVE ACTION BOARD.
------------------------------------------------------------------------------
Mayor Suarez: OK, I'm told I have an appointment to the Affirmative Action
Advisory Board. If so, I nominate Jose Solana, S-O-L-A-N-A, S-O-L-A-N-A. Do
you have any idea who has the other vacancy?
Mrs. Kennedy: There are two vacancies on this board.
Ms. Hirai: Mr. Mayor, will we do it by separate motions?
Mayor Suarez: Well, let's find out who has the other vacancy first, can we?
Ms. Hirai: Yes, OK.
Mayor Suarez: We don't know? Nobody knows?
Mr. Dawkins: I move the nomination of the Mayor.
Mayor Suarez: OK, so moved
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-1013
A RESOLUTION FOR THE APPOINTMENT OF CERTAIN INDIVIDUALS TO
FILL TWO (2) VACANCIES ON THE CITY OF MIAMI AFFIRMATIVE
ACTION ADVISORY BOARD.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote-
128 December 11, 1906
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
------------------------------------------------------------------------------
NOTE FOR THE RECORD: At this point, Item 58 was tabled at the request of
Commissioner Dawkins.
------------------ ---------- --------------------------------------------------
---------------------------- --------------------------------------------------
55. DON BENJAMIN, JOHN GREEN AND OFELIA TABARES FERNANDEZ APPOINTED TO THE
PLANNING ADVISORY BOARD.
Mayor Suarez: Fifty-nine. City of Miami Planning Advisory Board.
Mr. Plummer: Which ... whose appointments are up?
Mayor Suarez: One for Dawkins, two for me.
Mr. Dawkins: I reappoint Mr. Benjamin, who said he's going to resign in the
event that he has to declare his wealth.
Mr. Plummer: Who else is up?
Mr. Odio: Mr. Suarez has...
Mr. Sergio Rodriguez: Mayor Suarez has two.
Mr. Dawkins: I think Gloria's up.
Mr. Plummer: He has two?
Mr. Dawkins: I think Gloria's up, too.
Mr. Odio: He has two.
Mr. Dawkins: I think yours is up too, J.L.
Mr. Odio: No, sir.
Mr. Plummer: No, if you've got one and he's got two, that's it.
Mr. Odio: No, you've got one from you, and two from Mayor Suarez.
Mayor Suarez: I have my two nominations: John T. Green and Ofelia Tabares
Fernandez.
Mr. Plummer: So moved they be accepted.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll. You're
having a good time thinking of John Green on that board, right?
Mr. Dawkins: Um-hmm, yes, sir.
129 December 11, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1014
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS ON THE PLANNING ADVISORY BOARD OF THE CITY
OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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: That will keep our staff working, to have John Green on there.
------------------------------------------------------------------------------
56. GLORIA BASILA APPOINTED TO THE ZONING BOARD; FURTHER DIRECTING TO
READVERTISE FOR NEW APPLICATIONS TO PENDING APPOINTMENTS.
Mr. Plummer: Zoning Board. Who are the appointments?
Mr. Rodriguez: Commissioner Carollo, Commissioner Plummer, and Mayor Suarez.
Mr. Plummer: Who is mine?
Mr. Rodriguez: Gloria Basila.
Mr. Plummer: Who? Gloria Basila?
Mr. Rodriguez: Gloria Basila.
Mr. Plummer: With pleasure, so move again.
Mr. Dawkins: Second. I mean, seconded.
Mayor Suarez: Moved and Seconded. I've got a problem. I've got to
readvertise for mine. I didn't get my nominations in. There's no legal way
that I can take anyone who has not made an application prior to the deadline?
Mr. Dawkins: No, no.
Mr. Odio: No, sir.
Mr. Rodriguez: No, no.
Mayor Suarez: OK. I've got to ask the Commission to readvertise for my
appointment.
Mr. Dawkins: Who's got the other one, J.L.,...
Mr. Rodriguez: Commissioner Carollo.
Mr. Dawkins: Carollo?
Mr. Carollo: I'd like to defer for the next meeting, if I may.
130 December 11, 1986
Mayor Suarez: We've got to readvertise for that one too, or are you going to
choose from the ones who applied?
Mr. Carollo: You could readvertise. If you're going to do it for one, you
might as well do it for all;.it don't make sense.
Mayor Suarez: OK. Want to build that into the motion? Commissioner Dawkins?
Mr. Dawkins: Yes, second, um-hmm.
Mayor Suarez: Moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1015
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS ON THE ZONING BOARD OF THE CITY OF MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-1015.1
A MOTION INSTRUCTING THE CITY CLERK TO READVERTISE FOR
ONE REGULAR AND ONE ALTERNATE VACANCY TO THE ZONING
BOARD, SAID APPOINTMENTS TO BE MADE AT THE CITY
COMMISSION MEETING PRESENTLY SCHEDULED FOR JANUARY 22,
1987.
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.
Mayor Suarez: Please flag them for us, Aurelio, now that you're handling the
agenda and everything else, that we don't let the time go by without the
applications. This is the only boards that we have to do this for, right,
that we've got to have the applications in by a certain deadline?
Mr. Plummer: Yes.
Mayor Suarez: What, Planning and Zoning, or just Zoning? Both.
Mr. Plummer: And they have to come from certain groups.
131 December 11, 1986
Mr. Rodriguez: The only conditions that you have is that they have to be
interested in planning and zoning, and that they have to live within the City
of Miami. Electors of the City of Miami.
------------------------------------------------------------------------------
NOTE FOR THE RECORD: Item 61 was deferred to the next Commission meeting, at
the request of Vice -Mayor Plummer.
------------------------------------------------------------------------------
57. DEFER CONSIDERATION OF APPOINTMENTS TO THE MIAMI RIVER COORDINATING
COMMITTEE.
Mr. Plummer: Sixty-two.
Mr. Odio: This is a new committee, Mr. Mayor. We have eleven members.
Mayor Suarez: We have three...
Mr. Odio: We have three members appointed by the City Commission.
Mr. Plummer: I would like to move the name of Huber Parsons to serve on that
committee.
Mr. Dawkins: Which committee is this?
Mayor Suarez: This is the River Coordinating...
Mr. Rodriguez: It's Miami River.
Mayor Suarez: Miami River Coordinating Committee. We've got three
appointments.
Mr. Rodriguez: Coordinating Committee.
Mr. Odio: Three appointments.
Mayor Suarez: For the entire Commission. I think the Manager's ex officio
member.
Mr. Rodriguez: Right. The appointments that you have are for three years,
two years, and one year, so you have to specify what the term of the...
Mayor Suarez: The chairman has been Bob Parks, and I think he's done a great
job, and I would like to renominate him.
Mr. Dawkins: Who?
Mayor Suarez: Bob Parks, who's been the chairman of it. Commissioner...
Mr. Dawkins: Hold it, hold it!
Mayor Suarez: ...Plummer has nominated...
Mr. Plummer: Huber Parsons.
Mayor Suarez: Huber Parsons, who is...
Mrs. Kennedy: I'd like to nominate Alice Wainwright.
Mr. Dawkins: Wait, hold it, hold it. You all got three, you all got three
white folks, hold up. (Laughter) hold up, hold up, hold up. Defer it till
the next meeting, and I'll have somebody that looks like me for you all.
Mayor Suarez: Move to defer.
132 December 11, 1986
E
e
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
Mr. Carollo: Let's rephrase that. Someone that's got your same color, but
don't look like you, all right?
Mayor Suarez: Not all the way like you.
Mr. Dawkins: Hey, hey, you're supposed to be my friends!
Thereupon, the City Commission, on motion duly made by Commissioner
Dawkins, seconded by Commissioner Kennedy, passed and adopted the preceding
motion to defer Item 62 until the next Commission meeting, 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.
58. INCREASE CONTRACT WITH WILLIAM PAVING COMPANY FOR DOWNTOWN HIGHWAY
IMPROVEMENT PHASE I.
Mayor Suarez: Item 63.
Mr. Odio: This is a contract increase of $100,000. The funds are coming from
general obligation bond funds. They are already allocated. The contractor is
William Paving Company, a nonminority contractor. Florida Power and Light
refused to install underground conduits for streetlights, so that's why it
costs the...
Mr. Dawkins: Move it.
Mr. Carollo: This is 63?
Mayor Suarez: Moved.
Mr. Dawkins: Yeah, 63.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded.
Mr. Plummer: Wait a minute, wait a minute, wait a minute. I thought Florida
Power and Light was obligated, Madame City Attorney, under the franchise, to
do this work, at the City's option?
Mr. Don Cather: They are obligated to do the work. There are rates specified
in the tariff. They refused to do the work, unless we pay the cost. We
determined that we could do this when we were rebuilding the street, by
putting in the conduit ourselves, cheaper than they were going to charge us,
so we proceeded with it, and we are asking them for a refund of their direct
costs that they would have had to pay.
Mr. Plummer: And how much is that?
Mr. Cather: I don't know the figure yet. I've asked them to give us a figure
of how much they're going to refund.
Mr. Plummer: Well, how do we know that they couldn't do it cheaper?
133 December 11, 1986
Mr. Cather: Well, because their total cost to install it was much more than
our total cost to install it. The amount of refund has not been determined
yet.
Mrs. Dougherty: I don't think they're going to refund it, anyway.
Mr. Cather: We have, nevertheless, proceeded to do the work, have installed
the work, and are pulling in the cable, on their downtown highway
improvements.
Mr. Plummer: And now you're asking us to ratify it, after you've done the
work.
Mr. Cather: Yes, sir.
Mr. Plummer: Where's the money coming from?
Mr. Cather: Highway bond funds.
Mr. Plummer: That's $100,000 we're going to be short in another project.
Mr. Cather: That's correct.
Mr. Plummer: Who authorized this to be put underground?
Mr. Cather: Who authorized it be put underground?
Mr. Plummer: Yeah.
Mr. Cather: I did.
Mr. Plummer: It was not in the contract?
Mr. Cather: Oh, it was always in the contract. The question was, do F.P. &
L. do it, or do we do it? And we have fought with F.P. & L. continuously on
trying to force them to go underground. You remember that situation on 71st
Street.
Mr. Plummer: Yeah. Mr. Manager?
Mr. Odio: Yes, sir.
Mr. Plummer: Sir, you're putting us in a position of not having a say "yes"
or "no."
Mr. Odio (OFF MIKE): Was this done in the recess?
Mr. Plummer: You know, bringing it before us, and we pass it, shows in the
history books that we approved it. We didn't approve this. We never had the
choice.
Mr. Cather: We're asking for an increase in our special conditions.
Mr. Plummer: No, sir, that's —excuse me, did you not say that the work has
already been done, and you're pulling cable?
Mr. Cather: I'm saying it's already been done, yes, sir.
Mr. Odio (OFF MIKE): Then you're asking for it...
Mr. Cather: And now...
Mr. Plummer: You're not asking for an increase; the increase has already been
done.
Mr. Cather: We've used up our extra; now we need to replenish that amount of
money, out of our special conditions.
Mr. Plummer: And what happens if we say "no"?
Mr. Cather: I think we'd have to eliminate something from the contract, to
make it up.
134 December 11, 1986
0 0
Mr. Plummer: I'll defer it, and tell me at the next meeting what will have to
be eliminated, and maybe we'll vote favorably to eliminate $100,000 on some
other project in that particular project. It's just the idea, you're asking
me to approve something that you've already done, and I'm not going to approve
it, because, really, all we're doing is just providing the money.
Mr. Cather: Yes, sir.
Mr. Plummer: And I think that's wrong.
Mr. Odio: Yes, sir.
Mr. Plummer: I mean, a true emergency, which is life or death - oxygen, band -
aids, or methiolate, you spend the money.
Mr. Cather: No, well, but...
Mr. Plummer: But this is a pipe under ground. I don't consider that an
emergency.
Mr. Odio (OFF MIKE): It's very dangerous to leave the streets open. Go
ahead, explain to him what it would be.
Mr. Cather: The reason we authorized this work to be done was because we
could do it cheaper for the City under this contract than to have Florida
Power and Light do it, and in view of that, I felt that I should save the City
the money. Now I can furnish you with full facts and figures of all the
comparisons of costs that were made.
Mr. Plummer: Is this money being paid to the contractor who's doing the
overall job?
Mr. Cather: Yes, sir.
Mr. Plummer: OK, I'll tell you what. You know, I'm going to vote to
appropriate the money. In no way let the record reflect am I approving
something that I didn't have the opportunity to say "yes" or "no" on. Mr.
Manager.
Mr. Odio: Yes, sir.
Mr. Plummer: In the future, when you bring something up here to ratify,
buddy, it better be justifiable a life or death situation, because if not, I'm
not going to vote on it. It's just wrong to ask this Commission, after the
fact, to vote on something which says that we approved or disapproved. We're
ratifying money. I'll move Item 63, and for the record, I don't like it.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any further discussion? Call the roll on 63.
135 December 11, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1016
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $100,000 IN THE CONTRACT BETWEEN THE CITY OF
MIAMI, FLORIDA AND WILLIAMS PAVING COMPANY, INC. DATED
MARCH 7, 1986 FOR THE CONSTRUCTION OF DOWNTOWN HIGHWAY
IMPROVEMENT - PHASE I, SAID FUNDS TO BE PROVIDED FROM
FUNDS ALREADY ALLOCATED TO THE PROJECT; FURTHER
RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE
HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES
BY AN AFFIRMATIVE VOTE OF FOUR/FIFTHS OF THE MEMBERS
OF THE CITY COMMISSION, AND ADOPTING THE FINDING AND
CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS
RESOLUTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
59. PUBLIC HEARING - AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR FULL -SERVICE
BOAT YARD FACILITY AT 2640 SOUTH BAYSHORE DRIVE (PRESENTLY MERRILL
STEVENS).
Mayor Suarez: Item 64.
Mr. Odio: Merrill Stevens.
Mr. Plummer: Oh, ho ho. Let's take a break.
Mayor Suarez: The one we've all been waiting for.
Mr. Plummer: Let's take a five-minute break.
Mayor Suarez: Want to take a five-minute recess?
Mr. Plummer: Yes, always in order.
Mrs. Kennedy: No lobbying, please.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 3:22
P.M. AND RECONVENED AT 3:33 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT
COMMISSIONER JOE CAROLLO.
Mr. Dawkins: While...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: While we're waiting,...
Mr. Odio: Hey, hold it down for a minute, and listen to this.
136 December 11, 1986
Mr. Dawkins: I'll wait. I can't ... I'll wait, go ahead.
Mr. Odio: She's here. She's...
Mr. Dawkins: We got some very high-priced lawyers sitting out here. I'd like
for them to get out of here, because it makes me nervous to see them sitting
in here.
Mayor Suarez: We asked one time, early on in the day, if this matter was on
the agenda, and if it was not, if the Commission was prepared to act on that
contract for lobbying for the City in Tallahassee, and we got one answer from
the City Manager. Can you give us another answer now, or are we going to go
without his recommendation, or what are we going to do?
Mr. Dawkins: No, he's going to give us another recommendation, I hope. I'm
going to ask him for one, I don't know whether he's going to give us one or
not, but...
Mayor Suarez: The contract expires when?
Mr. Dawkins: Thirty-first.
Mayor Suarez: Thirty-first of December.
Mr. Dawkins: Yeah, and I've already started working with them, to try to
develop the ... where's Joe?
Mrs. Kennedy: Where's Joe?
Mayor Suarez: He's...
Mr. Dawkins: We need everybody so that they... go ahead and ... well, let's do
64.
Mayor Suarez: All right, Item 64.
Mr. Dawkins: And then we'll come back to that one.
Mr. John Gilchrist: Mr. Mayor and Commissioners, just to remind you, when we
do a unified development project, the process is that you hold a public
hearing on a draft RFP, and you take public testimony on that. At the
conclusion of that meeting, the Commission can order us to proceed, for the
Manager to issue the RFP, with whatever input comes from this Commission.
Additionally, you name a review committee to do a selection process, and you
name a CPA firm to do an independent assessment of the project, based on the
criteria, in both cases, that are in the RFP.
Mr. Plummer: :iho's... what about the appraisal?
Mr. Gilchrist: The appraisal is a different issue, not included in the
unified development project, but it was our intention that when we receive any
proposals, that we will have those proposals appraised, and use that appraisal
as to determine whether they, in fact, are going to be acceptable as
proposals. In other words, they have to be within the appraised projected
return to the City. I wish the Manager was listening to this, because it was
his recommendation.
Mr. Plummer: For some reason, the cart seems to be in front of the horse.
Mr. Odio: I'm listening, John.
Mr. Gilchrist: Yeah, in the past, Commissioner, we have waited until we have
a selected proposer, and we do the appraisal of that selected proposal, and
with the option that if it was not acceptable, then we could go to number two.
Mr. Plummer: Yeah, but you see, how do...
Mr. Gilchrist: We're recommending here that when we get the proposals in
hand, we do the...
Mr. Odio: Can I make a point?
137 December 11, 1986
Mr. Gilchrist: Mr. Manager.
Mr. Odio: That's my point, right?
Mr. Gilchrist: Yes, right, yes, sir.
Mr. Odio: Commissioner, what I told them that I would like to see, is instead
of just evaluating the number one proposal, and then start negotiating with
them to get a better deal, that I felt that we should give the same
opportunity to all bidders, and that once they bring their bids in, that we
get the appraisers to appraise each bid, and tell us what those bids represent
to the City - if they are within the range that we should be getting, etc.
And...
NOTE FOR THE RECORD: Commissioner Joe Carollo reentered the meeting at 3:36
P.M.
Mr. Plummer: I'm talking about...
Mr. Odio: And that's what we recommend.
Mr. Plummer: All right, we're talking about two different things.
Mr. Odio: Maybe we are.
Mr. Plummer: I'm talking about the appraisal of the property, not the bid.
Mr. Odio: That comes after we get the bids in, and we see what they are
proposing, and based on the proposals, we evaluate the property. Am I
correct, John?
Mr. Gilchrist: Yeah, that's what you've told us. But, Commissioner, we've
taken the position, maybe wrongly so, that what we appraise is not the land,
but the proposed use on the land, that comes before us as a proposal.
Mr. Plummer: Yeah, but it's all part and parcel of what is a fair return to
the City.
Mr. Gilchrist: Yes, sir.
Mr. Odio: That is correct.
Mr. Gilchrist: Right, but it's not based on land alone, is why we're...
Mr. Plummer: But you're not even having the appraisal of the land even done.
Mr. Odio: We will do it after...
Mrs. Kennedy: See, John, I think that what Commissioner Plummer is saying...
Mr. Gilchrist: I understand what he's saying.
Mrs. Kennedy: Well, you're saying "This is what we have to spend, therefore
this is what we're going to be doing," instead of saying "This is what the
City needs, therefore we're going to spend so much."
Mr. Plummer: Something's bass -awkward here.
Mr. Gilchrist: Well,...
Mayor Suarez: Well, we definitely have to have the appraisal of the land,...
Mr. Gilchrist: We've had this several...
Mayor Suarez: The question is...
Mr. Gilchrist: ...on several...
138 December 11, 1986
Mayor Suarez: ...when do we need to have it before we proceed? That's...
Mr. Plummer: The appraisal of the land, Mr. Mayor, regardless of how many
proposals we get, the appraisal of the land's not going to change. That's
going to stay constant.
Mayor Suarez: Well, he's saying that the proposed use will have some effect
on it. I have no problem with...,
Mr. Plummer: We know what the proposed use is.
Mr. Gilchrist: As a matter of fact,...
Mayor Suarez: Well, we're going to be arguing about the proposed use.
Mr. Gilchrist: ...we've had that land appraised in recent times. I
could... you know, we could have determined that.
Mr. Plummer: When was the last appraisal that you remember?
Mr. Gilchrist: I need Al Armada here. It was within the last couple of
years.
Mr. Plummer: Well, within the last how many million dollars?
Mr. Gilchrist: I don't want to quote that. I think that I need either Ron
Williams or Al Armada.
Mr. Plummer: And what basis was used for the assessment, for the evaluation?
Mr. Gilchrist: I'm sorry, I...
Mr. Plummer: Is Mr. Al Armada here?
Mr. Gilchrist: He was here earlier. Ron Williams?
Mr. Ron Williams: Yeah.
Mr. Plummer: Have you got the appraisal on the land?
Mr. Gilchrist: Ron, the question there was, I know that an appraisal was
acquired in recent times on that land. Al Armada told me that earlier. Now,
if it wasn't, I'm wrong, but...
Mr. Williams: We don't have a current appraisal at this point.
Mr. Plummer: All right, I'm asking, what was the last appraisal?
Mrs. Kennedy: The last appraiser.
Mr. Williams (OFF MIKE): I can find that out right away for you. It must be
in our records someplace. We have not requested a recent appraisal. Let me
get you the last appraisal.
Mr. Gilchrist: The point we were trying to make is that we have not been
doing appraisals on land alone. We've been doing on the basis of land and
use. And if, you know, if the Commission would desire us to do that, we'll
get an appraisal on the land right now.
Mr. Odio: We can do that.
Mr. Gilchrist: There's no problem.
Mr. Plummer: Well, it's easy to determine the normal rule of thumb, that any
parcel, that if you cannot get at least a ten percent return on the value,
it's not a good deal.
Mr. Gilchrist: I understand that.
Mr. Plummer: And how are you going to determine what is a minimum of a good
deal for the City, if you don't know what the land is worth?
139 December 11, 1986
Mr. Gilchrist: Well, the recommendation from the Manager and I was to have
each of the proposals appraised when they arrive.
Mr. Odio: That's what we're doing.
Mr. Plummer: Not the proposals - the land.
Mr. Odio: Yeah, we will know the value of the land, based on the issues.
Mr. Plummer: Cesar, we don't own the proposals. We own the land.
Mayor Suarez: When do you want the appraisals to be in hand? You want them
before you approve the general or specific criteria of the RFP? Do you want
it as they...
Mr. Plummer: Mr. Mayor, my only concern is...
Mayor Suarez: ...issue it, or when do you want it?
Mr. Plummer: My only concern is the fact that to make an evaluation of these
proposals when they come back, I'm assuming that you've got minimum
requirements in these proposals. And if you're not going to at least show
minimum return, I don't know how you're going to come about it.
Mayor Suarez: To be able to evaluate return on investment, you have to have
an idea what the value of the property is - that's very simple. And are you
saying that you would rather not...
Mr. Odio: Let me explain something, so that you understand the difference,
Commissioner Plummer, of what we're trying to do, Mr. Mayor.
Mayor Suarez: Yeah, we have other objections and other concerns being voiced
by a variety of groups, as to the way that the RFP is drafted at this point.
We would like to get into those.
Mr. Odio: Fine, but what we're trying to do on the evaluation...
Mayor Suarez: Yeah.
Mr. Odio: ...is that before, on the other process, it came to you, the number
one selection. Then, after you had selected, it was evaluated, and then we
negotiated a better deal. I felt...
Mayor Suarez: On the one we did earlier today, yeah.
Mr. Odio: I felt that we should evaluate all the proposals equally, and then,
from the evaluation, pick whoever is the best one.
Mayor Suarez: By that time you'll have an appraisal, or two, I guess.
Mr. Odio: And by that time we can have a land appraisal - that's no problem.
Mr. Plummer: Look, the only problem...
Mr. Odio: If you want...
Mr. Plummer: The only problem with that, Mr. Manager, is that these RFP's are
asking for minimum return annually to the City, OK? They're not?
Mr. Odio: No.
Mr. Gilchrist: What we asked for, is a proposal to include...
Mr. Odio: It's a UDP.
Mr. Gilchrist: ...a minimum return and a percentage.
Mr. Plummer: OK.
Mayor Suarez: Without having a preconceived notion...
Mr. Gilchrist: What we didn't establish, the minimum...
140 December 11, 1986
Mr. Plummer: How do you establish what is the minimum return, if you don't
even know the value of your property?
Mayor Suarez: We're asking them to propose their minimum return, just like
the other group, but...
Mr. Odio: Commissioner, when you get the proposals in - and let's say you
bring in a proposal saying "We offer the City eight percent of the gross,
whatever," at that point, we know what the land is worth, and we determine
whether that proposal is valid or not. That's as simple as that.
Mayor Suarez: What the Commissioner is saying is that if we have no idea of
what we think the land is worth, and no idea...
Mr. Odio: We will know.
Mayor Suarez: ...what the minimum return's going to be, then we may have made
them waste a lot of time in making the proposals, because they may be totally
out of the range of what we'd like to see. That's what he's concerned with.
Mr. Gilchrist: I have a memo from Ron Williams, suggesting that the minimum
rent guarantee should be $150,000.
Mr. Plummer: You're crazy!
Mrs. Kennedy: That seems awfully low.
Mr. Gilchrist: But I want to finish that, sir.
Mr. Plummer: I'm sorry - Mr. Ron Williams is crazy.
Mr. Odio: Well, let him finish.
Mr. Gilchrist: OK, I'm sorry, he's not here, and that's not quite fair, to
say that,...
Mayor Suarez: He just walked out, right before that.
Mr. Gilchrist: But they based it...
Mr. Plummer: Well, wait, let me put on the record why I think that...
Mr. Odio: Well, let him finish.
Mr. Plummer: ...is absolutely a crazy...
Mr. Gilchrist: I also do too, sir, and I didn't put that in there.
Mr. Plummer: OK, then, I want to clarify when I said I thought it was crazy.
Next door, which has about a third of the value... or, excuse me, the size of
property, this City is getting a return of $620,000, or a minimum
return ... what was the last one, on Monty Trainer's - 350?
Mr. Odio: Six hundred and something.
Mr. Gilchrist: Near a million or so.
Mr. Plummer: No, minimum. OK?
Mr. Dawkins: Let me give you a...
Mr. Plummer. Now, you're telling me a piece of property that is three times
that size is only suggested a minimum of 150?
Mr. Dawkins: Let me give you something else, J.L.
Mr. Gilchrist: Yeah, I don't ... I ... first of all, I don't...
Mr. Dawkins: J.L., let me give you something...
141 December 11, 1986
Mr. Plummer: Hey, Joe, Joe, you're right. I'd love to do business with the
City. Oh, boy.
Mr. Dawkins: J., J.L., J.L., let me give you something more current.
Mr. Plummer: I'd be a midnight millionaire.
Mr. Dawkins: Here. Here's one more current for you. The Grove Key Marina,
in the year ending June 1985, paid the City $114,668. That's the Grove Key.
And now they want 150 for this. Not logical.
Mr. Gilchrist: I think the point, Commissioners, is that the difference in
use generates a different income. I'm not supporting that idea, but I'm
telling you that's why...
Mr. Dawkins: OK, let me...J.L., can I ask some questions, because we're
trying to get out of here.
Mr. Plummer: Sure.
Mr. Dawkins: On page two, sir, you said that it's 6.3 acres of upland and
4.52 acres of bay bottom.
Mr. Gilchrist: Right.
Mr. Dawkins: Then you also said 1.69 acres of bay bottom.
Mr. Gilchrist: Yes, sir.
Mr. Dawkins: Nowhere in here do you tell anybody what I have in the memo,
which says the bay bottom cannot be filled, under no circumstances. So, now,
how does a guy bidding on this know that we're not going to allow it to do
anything with the bay bottom?
Mr. Gilchrist: I think in the whole request for proposal, read in context,...
Mr. Dawkins: I read it,...
Mr. Gilchrist: ...it makes it clear...
Mr. Dawkins: I read it in context.
Mr. Gilchrist: ...it makes it clear...
Mr. Dawkins: That's why I wrote...
Mr. Gilchrist: No. No, no.
Mr. Dawkins: I read it in context - that's why I wrote you these questions.
Mr. Gilchrist: Yes, sir.
Mr. Dawkins: I read the whole damn thing in context.
Mr. Gilchrist: It's clear in there...
Mr. Dawkins: I did not take it out of context.
Mr. Gilchrist: ...that what slips are to be used on that section of the land
which is bay bottom. And I would also venture to say we can correct that, by
putting it into the RFP.
Mr. Dawkins: That's all I'm asking you!
Mr. Gilchrist: But everybody who would be in this business knows that it's an
aquatic preserve, •and you can't dredge nor fill. It's just against the law,
period.
Mr. Dawkins: Sir, everybody in the City of Miami thinks the City, the
Commission, you can come in, get any zoning variance you want, and that's even
to fill bay bottom if you want to. All right, the other one I had on here is
the existing hangar structure. Now, you tell people, in here, that if they do
142 December 11, 1986
not use it for boat storage - I mean, it can't be used for boat storage. What
can it be used for?
Mayor Suarez: Cannot be used for boat storage?
Mr. Dawkins: I'll give you what I've got back from the Manager: "If the
accepted bid does not provide for demolishing the hangars, the allowable uses,
as defined on the RFP includes these connected with the boat yard repair and
maintenance facilities that could be conducted within an enclosed structure.
In addition, the 20,000 square feet of allowable retail space could be housed
within the hangar." Is that correct, sir?
Mr. Odio: Yes.
Mr. Dawkins: All right, then why do you want a food and beverage sale in this
full service marina?
Mr. Odio: We don't want it. We said that...
Mrs. Kennedy: See, that ... Mr. Manager, that needs further clarification.
Mr. Odio: We want a full service marina...
Mayor Suarez: This is the second time that it comes back to this Commission
where we get into the issue of whether you're going to have a restaurant
there, and the Commission...
Mr. Dawkins: You've got Monty...
Mayor Suarez: ...previously said, rather clearly, we don't.
Mr. Dawkins: You've got Monty Trainer's, you've got the Chart House, and now
we've got J.P.'s, and you're going to build another sit-down restaurant?
Mrs. Kennedy: Well, I think that what they were thinking was a kind of snack
shop, or...
Mr. Odio: Snacks.
Mr. Plummer: Well, this was the...
Mrs. Kennedy: ...but this is not clarified here.
Mr. Gilchrist: What we have allowed in there is, what I understand, from
having conversations and my own understanding of development, is that in order
to make that a feasible operation, as a full service boat yard, they need the
ability to build into it some retail facilities, and those retail facilities
that we have said we allow are based on the Dinner Key master plan, 20,000
square feet. We did not inhibit what they do in there, because in order for
them to make money, they may want to put anything from selling food to the
people who are working...
Mayor Suarez: You're not answering the question on restaurants, or food
concessions.
Mr. Dawkins: Ice,...
Mr. Gilchrist: But restaurants are allowed in that, because...
Mr. Dawkins: Ice, beer, sodas, bait, and stuff related to a marine boat ... I
could understand it, but...
Mr. Plummer: It was to be accessory uses for the boats.
Mr. Dawkins: That's right. I mean,...
Mr. Gilchrist: I'm sorry?
Mr. Plummer: Accessory uses for the boats.
Mr. Gilchrist: Yeah, it says that. It says "marine -related."
143 December 11, 1986
Mr. Plummer: No, that didn't ... no, accessory uses for the boats.
Mr. Gilchrist: OK.
Mr. Plummer: That means that 'they would sell primarily only to the boats in
the yard and other boats that pull up there.
Mr. Odio: Let me read the paragraph, how it reads. It says, "Proposals may
include a maximum of 20,000 square feet of retail space to provide marine -
related retail services, including food and beverage sales. Commercial use of
the space is to be understood to be complementary to the operation of a full
service boat yard and marina." Now, if we're going to limit what they can do
there, you have to understand that the revenues will be decreasing according
to how many restrictions you put into the property.
Mr. Plummer: Not necessarily.
Mr. Odio: Yes, air, I can assure you that if we only go with...
Mr. Dawkins: Well, then, restrict it, and if nobody don't want to bid, they
just don't bid.
Mr. Odio: That's right.
Mr. Dawkins: That's all, no problem.
Mr. Odio: OK.
Mr. Dawkins: I got no problem with that.
Mr. Odio: Yes, sir, it's your prerogative.
Mr. Dawkins: OK, good. All right. Go ahead.
Mayor Suarez: There's been a question raised about the requirement in the RFP
that there be access, an access easement, to the water, and how that's going
to interrupt the work on boats, if it is a full service marina. What is your
answer?
Mr. Gilchrist: What we have sugg...
Mayor Suarez: Have you seen the concerns raised? And I want to introduce
into the record the letter received from the Coconut Grove Civic Club on that.
Mr. Gilchrist: I have not seen that, sir, but what we recognize, in doing the
RFP - and I spent a lot of time with the Waterfront Board and other community
groups - that it's desirable to get from the north to the south of that
property, and it says in the Dinner Key master plan, "along the waterfront."
We have tried to give the flexibility that you could operate a full service
marina facility, and also allow people to move back and forward. So, we're
suggesting that creative architectural solutions...
Mayor Suarez: Drawbridges, for example.
Mr. Gilchrist: ...may be to go up over it, or to go around it, and the...
Mayor Suarez: Pedestrian drawbridges, we're going to have right there.
Mr. Gilchrist: ...and that we would evaluate the proposals, based on... but
that has to have the ability to get across it. I don't believe that "water
.edge" necessarily means at ground level. You know, it could be raised above
it. I believe that we should allow the flexibility to go around it, because
they cannot insure the lifts, to take the boats out and put them in.
Mr. Plummer: How does this stand with the recent charter change, in reference
to the leasing of waterfront property?
Mr. Gilchrist: I'm not sure what the recent...
Mr. Plummer: It doesn't affect UDP's at all?
Mr. Odio (OFF MIKE): No problem, no.
144 December 11, 1986
Mr. Plummer: And we don't have to get a minimum of three bidders? (PAUSE -
INAUDIBLE BACKGROUND DISCUSSION) Are you going to hear from the public, Mr.
Mayor?
Mayor Suarez: Think we have to, don't we?
Mr. Gilchrist: I think... you'd better ask your City Attorney, but I think
you're required to take public testimony.
Mayor Suarez: That's what I'm asking. Chris?
Mr. Christopher Korge: Yes, you do have to have a public hearing.
Mayor Suarez: OK.
Mr. Dawkins: Here we go. Let's go.
Mayor Suarez: Let's go.
Mr. Gilchrist: If you...before you do that...
Mayor Suarez: All those who wish to be heard on this item, and to a maximum
of, let's say, three minutes, raise your hand.
UNIDENTIFIED SPEAKER (OFF MIKE): Very short time, Mr. Mayor.
Mayor Suarez: Well, you're going to get repetitive after a while. At the
beginning, I know, it ... there's not that many people. John, did you want to
add something?
Mr. Gilchrist: I just wanted to say one thing. Ron Williams did come back
with the information that in 1985 a fair market value appraisal was made,...
Mrs. Kennedy: Good.
Mr. Gilchrist: ...based on what the business is there, and the property,...
Mayor Suarez: Nineteen what?
Mr. Gilchrist: ...of $3,455,000.
Mayor Suarez: That was 19-what?
Mrs. Kennedy: Eighty-five.
Mr. Williams (OFF MIKE): Again, based on present use.
Mr. Plummer: How much?
Mr. Williams: Three million... fair market value, $3,455,000.
Mr. Carollo: I think that's obsolete at this point in time. This is five
years old.
Mr. Plummer: No, it's one year old. Eighty-five.
Mayor Suarez: Eighty-five, 185.
Mr. Carollo: Eighty-one, you said, right?
Mr. Williams: It's going to a two -years old, but, again...
Mr. Carollo: Eighty-one, or 185?
Mr. Williams: Eighty-five.
Mr. Carollo: Eighty-five.
Mr. Plummer: Question: did the City pay something like $5,000,000 for the
Underwood property? What did the City pay for the Underwood property?
145 December.11, 1986
Mr. Gilchrist: I'm not old enough to know.
Mr. Plummer: What do you mean, you're not old enough? (Laughter) OK, well,
whatever the appraisal is, it's going to come out.
Mayor Suarez: OK. Please step up to the mike if you wish to be heard on this
item. Give us your name, address, if you're a...
Mr. Plummer: Wait, whoa, whoa, whoa, excuse me. What did you just quote me,
at three and a half million?
Mr. Williams: Fair market value.
Mr. Plummer: What is the land value?
Mr. Odio: Three point...
Mr. Williams: Three two seven two.
Mayor Suarez: Most of it.
Mr. Williams: The major portion.
Mayor Suarez: OK. We need your name, address. If you're being paid to make
a presentation, you're supposed to register with the City as a lobbyist, and
if you haven't done that, if you are being paid, don't approach the mike, go
get yourself registered. Otherwise, please approach the mike, give us your
name and address, how you feel about this RFP.
Mr. Henry Givens: Good afternoon. My name is Henry Givens.
Mayor Suarez: The mike a little closer to you, please, Henry.
Mr. Givens: My name is Henry Givens, 3000 Biscayne Boulevard. I'm chairman
of the City of Miami Waterfront Board. At our last Waterfront Board meeting,
on December 9th, the Waterfront Board passed the motion that the Waterfront
Board recommend to the City of Miami Commission the approval of the RFP as it
is written, with the following changes: number one - if possible, a longer
term lease; number two - storage should be allowed in the hangar; number
three - major haul and engine overhauls allowed, that individuals be allowed
to repair their vessels under guidelines of the yard operator. Mr. Mayor and
members of the Commission, our board had several workshops with Mr. Gilchrist
and other members of the City Manager's office. We were allowed to take trips
to other cities. I went to Toronto, some of the members went to Boston. We
visited the harbor front in Toronto, the boat yards in Boston, and we're
pleased that the administration has allowed some of the input of the
Waterfront Board to be included in this RFP. Now, I heard several comments
about the use of retail outlets that are marine -related. That was one of the
major issues that we had some concerns about. There was a minority opinion,
too, that there were two persons, two votes, that were not in favor of the RFP
as written. So, that is...
Mayor Suarez: But the consensus was in favor,...
Mr. Givens: Yes, air.
Mayor Suarez: ...with those concerns and reservations?
Mr. Givens: That's right. Thank you very much.
Mayor Suarez: Thank you, Henry.
Mr. Ron Falkey: Mr. Mayor, members of the Commission, my name is Ron Falkey,
P.O. 451038, Miami, Florida 33145. I also am a member of the City of Miami's
Waterfront Board, and was one of the dissenting members against this RFP as
written, for several reasons, the major reason being ... well, to get into the
RFP itself, rather than leading up. To get into the RFP itself, one of the
things that I applaud in it is the fact that it says that it recognizes the
need, and I quote, "recognizes the need for preserving full service marina
facilities within the Dinner Key area of Biscayne Bay," and that is exactly
what the public has said when they have come before this group on numerous
occasions. However, I believe that this RFP, by the way it is written, and
146 December 11, 1986
the terms that it uses through here, almost precludes a full service marina
from operating, down to the point where it does not allow for major engine
repairs, or major hull repairs. It does not allow the storage of vessels in
the existing facilities.
Mayor Suarez: Are those repairs currently taking place there?
Mr. Falkey: Yes, air.
Mayor Suarez: Major, as defined... as you understand it to be defined in the
RFP?
Mr. Falkey: Well, that is a very difficult term, when we start talking
about... it's difficult, through all of our workshops, just to define what a
"full service"...
Mayor Suarez: Well, from your understanding of it.
Mr. Falkey: From my understanding of it, major hull repairs are currently
being done, as well as major engine.
Mayor Suarez: All right, let's ask John, then. Why is that being excluded as
a use, or is it, in fact, being excluded?
Mr. Gilchrist: No, we didn't intend to exclude that, and...
Mayor Suarez: OK, can we get it ch...
Mr. Gilchrist: ...and the paragraph - I just need to read the paragraph to
you.
Mayor Suarez: OK, that one will be...
Mr. Gilchrist: We've had long debates about this.
Mayor Suarez: That will be addressed by the City.
Mr. Gilchrist: Why don't you go to the next items, while I look it up.
Mayor Suarez: Go ahead.
Mrs. Kennedy: I'm sorry, I missed something. You said that major hull
repairs were excluded, and what else did you say after that?
Mr. Falkey: Major hull and engine repair are totally excluded, will not be
done at the facility.
Mrs. Kennedy: And engine repair, right, OK.
Mr. Falkey: That seems to me you precluded a full service boat yard from
functioning. Another item in here is that, in the RFP, there is no criteria
for the developer to run the facility. Now, that's whether you choose to put
that... to encumber the developer, as to have that credentials up front, but
nowhere does it say that he must run, or have any experience in boat yard
operation. Furthermore...
Mayor Suarez: Let's clarify that. What is the experience called for - is it
as a developer, or as a boat operator, or is it both, or is it a little bit of
both, or what are you trying to get at?
Mr. Gilchrist: We're trying to get at an experienced boat yard operator, and
we...
Mayor Suarez: Is that stated?
Mr. Gilchrist: :..have 30 points in the evaluat... I'm sorry, 25 or 30 points,
I'm not looking at it, in evaluation, on the experience, the specific
experience, of the proposer.
Mayor Suarez: Of the boat yard operator.
Mr. Gilchrist: And generally, Mr. Mayor, the review committee...
147 December 11, 1986
6
Mayor Suarez: Do we also require that they be an experienced developer?
Mr. Gilchrist: No, it didn't say that, nor does it say...what I'm saying is
that additionally, the review committee can establish a more stringent
criteria in that process.
Mr. Falkey: Again, my point being that the RFP is not designed to continue,
or to do as it says up front, to preserve, and it says here that it must
preserve, and it must, you know, I think the word is, it "must preserve,
provide, and maintain full service marine facilities under the development
objectives," and the RFP itself is designed, not only to... not preserve it,
but actually to encumber that from happening. Furthermore, there's a couple
of other things in here, with regard to time frame. Now, a successful bidder
could get the property, based on the overall project, and one of the items in
the program could be to develop his marina, hypothetically here. There is
nothing in here that says that the time frame is that the marina, the boat
yard facility, and the storage and repair has to be the number one item. That
could be item 305 of an agenda, and to be awarded over the time frame. If
this is to protect the boaters, to protect the only existing boat yard on
Biscayne Bay, then there has to be some teeth in here, to say that the boat
yard is the number one item, and that's what we're looking at. I have real
problems with the way this was written. It does not appear to be protecting
the boater. The boater can only interface with the water at the water's edge,
at the shoreline. We're looking at here, this RFP should be written for
water -dependent uses, not water -related uses. When we talked about
complementary retail and food/beverage facilities, they should
be..."complementary," I think, is too broad a term; we should, as Commissioner
Plummer has suggested, I think, be catering to those who are using those
facilities. I agree with public access to the degree acceptable within
insurance limits, but there are problems. As I say, this RFP, as it is, I do
not believe reflects the desires of the people who have appeared before you on
several occasions. I know it doesn't reflect the desires of myself and
another member of the board. It does not reflect, I think, the continuation
of the only waterfront repair facility on Biscayne Bay, and with current
permitting, current State and Federal regulations, you will not build another
marina boat yard anywhere on Biscayne Bay. There are too many benefits that
are derived from our boating activities here in South Florida, and if we keep
shutting the boater out, and shoving him somewhere else - up the river has
been suggested - there was a resolution before this Commission that was
looking at further regulating the use of the river, and what type of boats
could or could not be stored in various waterways. What I'm saying, though,
is that every time we shut them out, we've eliminated no relief. It talks
here about not having storage of boats inside the facilities, inside the
hangars. We are already too limited in our hurricane storage. I agree that
those buildings are not the loveliest of buildings; however, it talks about
here, the architecture...
Mayor Suarez: Wait a minute, let me ask a question on that. John, why does
it say that? Why can we not allow storage of boats in those facilities?
Mr. Gilchrist: Yeah, I would like to answer that. Mr. Falkey was a minority
report on the Waterfront Board, and I was listening to the entire Waterfront
Board constantly,...
Mayor Suarez: Right.
Mr. Gilchrist: ...but we have said that the existing buildings that are there
are not to be used for boat storage alone. They're to be used for boat
repair. If someone wants to expend the funds to rebuild facilities there -
and we would like to encourage that - they can then build proper boat storage
facilities there, under the RFP.
Mayor Suarez: But that's not a prohibited use, to have boat storage during a
hurricane, or whatever he was just alluding to?
Mr. Gilchrist: That's not a prohibited use. What we're saying is that we
don't want the major use of those existing buildings to be..
Mayor Suarez: You want it to be for repair, which is what he, presumably,
wants. OK. I don't see where the disagreement is.
148 December 11, 1986
6
Mr. Falkey: Mr. Mayor, if I...
Mrs. Kennedy: But you limit the dry storage to 200 boats, right, if the
facilities are removed?
Mr. Gilchrist: What we said is, if they rebuild the whole site, that we would
allow up to 200 boats dry storage on the site.
Mr. Falkey: Allow me to read from the RFP, if I may, for one moment. It
says, under paragraph 4, "Treatment of existing facilities," I'll go down to
sentence two, "Dry boat storage shall be prohibited in existing hangars."
Mr. Plummer: Well, that's what he said. If...
Mr. Falkey: That sounds rather inclusive.
Mr. Plummer: He just said, if they tore down the hangars, then they would
allow dry storage, up to 200.
Mr. Falkey: Well, if you tear down the existing hangars, it would be an
estimated...
Mayor Suarez: Wait a minute. Why are we imposing that? Why are we saying
that they cannot be stored in the existing facility? That predisposes the
whole thing to having to tear it down, which we said that we didn't want to
predispose.
Mr. Gilchrist: No, sir, what we're trying to promote is, if they keep the
existing building, we're trying to promote boat repair, and boats to be taken
in there for boat repair alone. It has been looked at for a long time, not by
me alone...
Mayor Suarez: So, if they don't redo the existing facility, they cannot use
it for storage?
Mr. Gilchrist: Put dry boat storage in there, that was the intention of it.
Mayor Suarez: That's not ... wasn't my intent when we first heard this item, at
all.
Mr. Gilchrist: Well,...
Mayor Suarez: We said to keep it as much as possible for the existing uses.
Just improve it, and improve the appearance...
Mr. Gilchrist: What has been observed there for a long time, and in the
Dinner Key master plan it was recognized, that they're using those hangars to
store long term boats in there, and that alone, and it limits the return to
the City, it limits the use,...
Mayor Suarez: Well,...
Mr. Gilchrist: ...the access to the water, and all of the things...
Mayor Suarez: But you're catching that on another segment of your RFP, the
return to the City, so you're going to get...
Mr. Gilchrist: No, but I understand...I understood, from the Commission, in
the last meetings that we had, it was desirable to relook at that site in
terms of the visual quality of it, and so on. We're trying to encourage the
removal of the buildings, and new facilities, that are of better quality, to
be built there.
Mayor Suarez: Your answer, that may or may not be the Commission's consensus,
but that's what he's saying.
Mr. Gilchrist: But that's why I did it. You can do whatever you want.
Mr. Falkey: On that same topic, of the facility and removing the existing
facility. They talk about, once the existing facility is renovated and/or
replaced, that there are certain constraints, that it must most, one of which
is it can exceed no more than 55 foot in height, which is what the existing
149 December 11, 1906
facility is. If you were to rebuild a facility to repair and house boats, as
they have now, it will look very similar to what it looks like now. And in
_the RFP, some of the discussion says, "the City expects the architecture to
respect the local environment, and respond to local climate, including facade
and silhouette." I have some question about that, since on one side is a
hangar, at Grove Key; on the other side is a hangar, with the gym; down the
road a short way is a hangar, which is the Convention Center, or the
Exhibition Center,...
Mayor Suarez: But those are long term leases we're stuck with.
Mr. Odio: That doesn't make it right, sir.
Mayor Suarez: Yeah, we can't do anything about those.
Mr. Falkey: No, I'm just saying that if they are to keep in line with the
environment and the existing area,...
Mayor Suarez: Well, we don't mean that environment.
Mr. Falkey: Well, that's...
Mayor Suarez: We mean, God -created environment.
Mr. Givens: Mr. Mayor, as the chairman of the board...
Mayor Suarez: You're back again?
Mr. Givens: Yes, and I reluctantly come back. As the chairman of the board,
the things that Mr. Falkey is stating are basically items that we had
suggested be placed in the RFP. Now, I would not want it to appear, in any
form or fashion, that this administration has been unfair to this community in
drafting this RFP.
Mayor Suarez: We've got that.
Mr. Givens: They took the time, we had endless hours of workshops.
Mayor Suarez: Yeah.
Mr. Givens: And a lot of the input that Ron is talking about is ... he had the
opportunity to present that, right at the board, right at the meetings.
Mayor Suarez: And you'll continue to have monitoring opportunities over all
this. I haven't heard anything yet that really concerned me.
Mr. Falkey: No, I have not complained about the opportunity to speak on this.
I have spoken. I really haven't changed my position a whole lot.
Mayor Suarez: We gather that.
Mr. Falkey: My feeling is that the boater is not protected, and the boater,
you know, while people say, "Well, if you don't have a boat, you're, you know,
it's a very elite group." However, there's a lot of benefit brought to South
Florida by the boater,...
Mayor Suarez: We all agree with that.
Mr. Falkey: ...and that's all accepted, and my point being, and I will leave
at this, that if we do away with this, and do not put more teeth in this, to
make this a boat yard, as it appears on the surface during the initial
introductory sentences, if we don't do more teeth, to insure that a boat yard
Is replaced there, then we are going to be giving up something that can never
be replaced. Thank you for your time.
Mayor Suarez: Thank you, Ron.
Mr. Raymond Mackelroy: My name is Raymond Mackelroy. I represent R. F.
Mackelroy and Company. I filed a letter with the City Manager as to speak on
this meeting, in October. I am a developer/general contractor. I represent a
group of businessmen in the community that have one goal in mind: the
development and the unification of the Merrill Stevens site. On your draft,
150 December 11, 1986
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that you've drawn up, we have several points that we object to, that, in favor
of development, and coming in, and bringing in financing into this project,
there's several points that have to be ironed out. The onb point is the
retail. You call for 20,000 square feet of retail space. We look more toward
about 40,000 square feet of mixed retail. (Laughter) OK, the reason...
Mayor Suarez: Don't think more than 20,000's going to fly. Let me give you
an idea. How much... how big is this building, in terms of square feet?
Twenty thousand square feet is about four or five times the size of this
building, as far as the footprint, so, that will just give you an idea.
Mr. Plummer: The average floor, I think, is 12,000.
Mr. Mackelroy: Well, the only reason we say the 40,000 is the operating cost
of a marine facility. To go ahead and to support the marine facility, and
bring in new equipment, and to produce the right type of setup in a marine
operation, not the setup that we have right now, with equipment from the 130s
and the 140s and the 150s, but new equipment's expensive, takes time to
amortize the note. And in order to provide this, we feel we can offset it
with mixed use retail. We can give you that full service marine -oriented
facility by using the retail. But the first point involved here is parking.
There's a parking problem in the area, and I think it should be addressed
before anything else is done on the site. I feel that you should go ahead and
work on something on the parking. The Dinner Key master plan at one time set
out for a parking structure to be placed in front of the site, a 650-unit
parking structure. I think this should be looked into and addressed prior.
Mrs. Kennedy: Sir, don't you believe that with 40,000 square feet of retail,
you'll have a bigger parking problem?
Mr. Mackelroy: Exactly. I believe with 20,000 square feet of retail, you'll
have an enormous problem, also. I don't think you can handle it.
Mayor Suarez: So you want to make it a little bigger.
Mrs. Kennedy: But 40,000 - you want to increase the retail?
Mr. Dawkins: Well, you're going to double it by adding 40,000 feet.
Mr. Mackelroy: I'm saying, address parking. You have a parking problem with
20,000 square feet, and whatever you do...
Mr. Plummer: Not as accessory uses to the boats.
Mr. Mackelroy: Pardon?
Mr. Plummer: Not as accessory uses to the boats.
Mr. Mackelroy: Accessory uses to the boats, 20,000 square feet of retail, and
the mechanics, and the men needed to fulfill the duties on a full service
marina, is going to require a lot of parking.
Mr. Dawkins: Well, sir, that's why we're putting out the RFP. See, we don't
know anything about what you're talking about. So, we're saying that, like
you say, we say 20,000 square feet of marine -related. Someone may come in and
say "You only need my"...come in with his proposal, and his proposal only
says, "We recommend we're going to use 12,000 square feet, because that's all
we need for marine -related activities." So, therefore, they're only going to
use 12,000 square feet of retail, and so we don't have a problem with that,
see? But I would have a problem voting for yours, with 40, when I already
said I don't want 20.
Mr. Mackelroy: OK, but you're putting an automatic...
Mr. Dawkins: No, no, no, no, no - you are, see, because you're the one that's
going to vote on the RFP.
Mr. Mackelroy: But you're putting a cap on it right now.
Mr. Dawkins: Yes.
151 Decemoar 11, 1986
0 0
Mr. Mackelroy: OK, by putting that cap so low, the funding for the marine
operation - why can't you open up...
Mr. Dawkins: No.
Mr. Mackelroy: Excuse me, one second.
Mr. Dawkins: No, no.
Mr. Mackelroy: Larger amount of retail, and then look at the objective side
of what goes into the marine operation.
Mr. Dawkins: I promise you what I'll do. If this RFP does not get any
response, then I'll sit down with you, and let you tell me how to structure
the next one.
Mr. Mackelroy: OK.
Mr. Dawkins: OK?
Mr. Mackelroy: And then, the last point I just want to bring up on this is
the terms of the lease. In order to amortize the note, there would be
involved, over the period of time, you would, first of all, have to extend the
lease a little bit more than 25 years.
Mayor Suarez: Oh, I thought you were going to say, more than... one of the
shorter options. You're saying more than 25 years?
Mr. Mackelroy: I'd say you'd have to look about 35, 40 years on the lease.
Mr. Plummer: Sir, that's not what you're saying.
Mayor Suarez: I've got nothing to answer on that. I thought you were going
to say more than seven years, which is one of the options...
Mr. Plummer: Sir, what you're really saying is, your client just isn't going
to be able to bid. That's pretty obvious, on its face.
Mr. Mackelroy: I'm just saying that you can get the unification through the
parking garage, by putting the parking facilities, and unify the whole area,
and do what you're shooting for in 2012, now.
Mayor Suarez: You've got to talk to the Parking Authority there. They're
going to love your proposal.
Mr. Mackelroy: Well,...
Mr. Plummer: Better speak to Stuart Sorg about water parking.
Mayor Suarez: Really, the general consensus is not to have any, you know,
larger structure than we need to have in the area, but go ahead.
Mr. Mackelroy: We're not talking about a larger structure; we're talking
about...
Mayor Suarez: Well, underground parking, then.
Mr. Mackelroy: An underground parking?
Mayor Suarez: Go ahead.
Mr. Mackelroy: OK, basically, the only other... the fifth point I want to
bring up, is just what's set forth in your time frame. In order to market the
project, it will take a little bit more time, between the actual request for
proposal coming out and the time of coming in with the financing and the
actual coming in with the package. About 30 more days is required to do this,
than what you're calling out for.
Mayor Suarez: What is ... what are we calling for, John, for that time period?
Mr. Gilchrist: We are now required, I think, under the new charter change, 90
days, and we're allowing 90 days, which is the minimum, I took it to be.
152 December 11, 1986
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Mr. Mackelroy. OK. For marketing reasons, we need an extra 30 days, to come
up with this. And finally, we just say, look at the master plan and what you
have done in the City, and go over that on the parking, and I think that's
very important. Thank you.
Mayor Suarez: Thank you for your presentation. Anyone else?
Mr. Richard Briggs: My name is Richard Briggs. I'm executive director of the
Marine Council, 615 Southwest 2nd Avenue, in Miami. The Marine Council, as
you know, has been following this issue very closely for several months, ever
since it came up. For several years, really. And I'm reflecting now the
sense of the Marine Council, no specific motion, but I feel that some of these
things need to be said. Number one, our main concern remains that whatever is
done, that it be very clear that a full service boat yard remain here, and
that it be operated by competent people. To the extent that this request for
proposal allows that, fine. We do have questions, and individual members have
expressed questions which I will share with you. One of them is this concern
that was expressed this afternoon about the value of the property. It
suggests that the value of the property is going to be a key issue, because if
it doesn't bring a proper rate of return, it is going to be very serious to
the City. The property is extremely valuable. We all know that. The
property, Kennedy Park, just up the bay, is extremely valuable, but we don't
receive a return to the City from that. One of the things we want to do with
this property that has been...
Mr. Plummer: Sir, what kind of business exists in Kennedy Park for profit?
Mr. Briggs: Well, exactly none, but...
Mr. Plummer: OK, I just...
Mrs. Kennedy: That is why we don't receive a return.
Mr. Plummer: I just wanted to get that on the record.
Mr. Briggs: Yes. As responsible Commissioners, I know that you want to do
what is best for the community, and what is best for the community, may, in
some cases, be to provide an enterprise that can serve this huge voting
market, and in turn, help the economy and serve all of the citizens in that
way. All right, enough of that. I think I am just going to quickly
underscore some of the other things that have been expressed. We are
concerned, some of our members are concerned with the length of the lease,
especially when if, you want to have storage of boats, you have got to build a
new structure, and with seven years you are maybe not likely to build that new
structure and that might make the whole venture uneconomical. The document
did say, I don't know whether it has been changed or not, that minor hull
repair, and minor engine repair, if this is supposed to be a full service
boatyard, that should include major hull repair, all kind of repairs.
Mayor Suarez: That is the second time we hear that now. Are we going to get
that resolved, John, or what?
Mr. Gilchrist: Well, we can change the R.F.P., anything you want. What we
wrote...
Mayor Suarez: Well, first give us the reason why you limited it to minor. I
don't understand.
Mr. Gilchrist: Let me just read: "The boatyard facility must provide for
full boat repairs, including electrical, mechanical, plumbing, planking,
rigging, carpentry, minor hull repairs and minor engine repairs."
Mayor Suarez: Why minor? Why did you put that in?
Mr. Gilchrist: We... to go back to this, it was in discussion with our
Planning Department. Actually, Walter Pierce suggested that as Parks 'and
Recreation, we shouldn't have full motor repair at that site. I was being
responsive to that. Minor repair is not tearing down the motor in the
fullway. It is a minor - you know, we debated this in the Waterfront Board.
153 December 11, 1986
Mayor Suarez: Have you figured out what is taking place there now? Are they
minor or major?
Mr. Gilchrist: I think they are major repairs those motors going on. It goes
on to more detail.
Mayor Suarez: So, to that extent, you are not really following the
Commission's dictates to keep essentially the same use.
Mr. Gilchrist: Well, you weren't dictating those details.
No, no.
Mayor Suarez: No, no, I know, but to that extent.
Mr. Gilchrist: You know, we come here to ask the Commission to give us what
instructions.
Mr. Plummer: I think also, Mr. Mayor, we have to keep in the back of our mind
what is a good balance, because there is no question that every one of the
kind of repairs that you put in cuts down on the rental space that you can
provide. I don't envision at any time that this particular parcel here would
be used to completely tear down and break down and rebuild a motor. There are
specialty shops in town, where that is usually done. You know, you could
actually, if you wanted, you could have only one boat in there, and all the
rest of it is total repair work. If we look at, let's say, Florida Yacht
Basin, where they have a 100 foot boat, or a 140 foot boat, and they only
allow one boat in at a time, and that's the complete shop, I think there has
got to be a balance somewhere along the line.
Mrs. Kennedy: John, where is'the nearest boat repair facility?
Mr. Gilchrist: Major overhaul facility is on the Miami River. As a matter of
fact, it is Merrill Stevens.
Mr. Briggs: Miami Shipyard also. My office is the.
Mr. Gilchrist: The nearest one I think is Merrill Stevens, but I could be
wrong.
Mr. Plummer: Yes, 12th Avenue.
Mayor Suarez: Let's not argue about which one is closer. OK.
Mr. Briggs: All right, there is concern about this easement question for
public access. Our members envision a boat with a 70 or 80 foot mast, and
architecturally, it is a real challenge to figure out how you are going to put
a walkway so that you can haul and refloat such a boat, and still have public
access. The whole question of insurance is another problem, and this has been
referred to before, and we are not comfortable with that. Owners working on
boats, to the extent that that limits qualified bidders from wanting to come
in here again because of the insurance question, and the economic aspect of
it, there is not an awful lot of enthusiasm for that. The final thing I want
to say is that I attended the Waterfront Board meetings and I've worked and
observed Mr. Gilchrist and the City Manager Odio. I do believe that the staff
has been very serious in getting the feel of the marine community on what is
needed, and I just hope that there is a true feeling on the part of this
Commission, that what is said is what is really believed, and we must have a
full service boatyard marina in order to help this community prosper, help the
marine community prosper, but help all of the City be what it can be and that
is a shining example to the rest of the world. I'd like to see this marina
boatyard be published in Yachting Magazine, and all the other boating
magazines as one of the best ever in the world, and there is no reason why we
can't have that if we want to have it, and I think it can do it and make money
for the City at the same time.
Mayor Suarez: I believe the best guarantee of that is the procedure that we
have followed, typically the Waterfront Board and Marine Council, and so on,
would come after the fact to complain about what we did. In this case, we
have consulted you all the way. We are going to continue consulting you right
through the final approval or disapproval. We might some day disapprove all
of these bids that we have received.
154 December 11, 1986
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Mr. Tucker Gibbs: My name is Tucker Gibbs. I am the president of the Coconut
Grove Civic Club. I live at 3820 Bayside Court in Coconut Grove. You all
have received a letter from the Civic Club, and I'm not going to go on and go
through that entire letter. We have a few things we would like to reiterate,
however. The draft's emphasis on the boatyard and marina facility, and the
evaluation criteria and the site restrictions. The evaluation criteria really
seems to de-emphasize this boatyard facility, and particularly the expertise.
I don't know what the percentage specifically is on expertise in running the
boatyard.
Mayor Suarez: Let's get that clarified. How about that, John? Are we de-
emphasizing here the experience of a marina operator, a boatyard operator in
the criteria?
Mr. Gilchrist: I don't believe so.
Mr. Plummer: I think it is 20 percent, isn't it?
Mr. Gibbs: It says 15 percent, but then, in...
Mayor Suarez: OK, is it 15, is it 20, is it 30? What is it? Everybody is
arguing and nobody has the figure.
Mr. Gibbs: It is on page 17.
Mr. Odio: Experience of the proposer, 15 percent.
Mr. Gilchrist: OK, we have experience with the proposer, 15 percent, and
capability of the development team.
Mr. Odio: 15 percent.
Mr. Gibbs: OK, can I address a question as to how that is divided? On Page
17 of the R.F.P., once you get beyond that, it says, of that 15 percent is
divided into "A" and "B". "A" says qualifications and experience of the
proposer in development and management, but doesn't specify it is development
and management of a boatyard. It may sound picky, but...
Mr. Gilchrist: All right, you are reading...
Mr. Odio: Can you add that word in there?
Mr. Gilchrist: Yes.
Mr. Odio: We don't want anybody to have a heart attack.
Mr. Gilchrist: OK.
Mr. Odio: OK, we will add that.
Mr. Gibbs: OK, that was the first concern. Second concern is the
description of uses and ancillary marine related retail space in the current
zoning classification. How does the applicant deal with uses that are
permitted under the R.F.P., but may not be permitted under the zoning
classifications?
Mr. Gilchrist: What we have said in here is we require the proposer to go
before the City under Parks and Recreation, it allows for a major use special
permit, and they will have to go through that process to prove what they are
doing is acceptable to the City of Miami.
Mr. Gibbs: OK, also on the retail space, in the description of what retail
space is, page 11, you all say that "Marine related retail space may include,
but not be limited to..." and then you give a list of such activities. Does
that give any developer the right to go and put anything in there with that
clause in there?
Mr. Gilchrist: You are reading from some other page number.
Mr. Odio: Yes, you have got the wrong page.
Mr. Gibbs: Oh, I am sorry, it is page 11 of the draft R.F.P.
155 December 11, 1986
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Mr. Gilchrist: Well, it must be an earlier version, but what...
Mrs. Kennedy: Our page 11 doesn't say that.
Mr. Gibbs: Oh, I am sorry.
Mr. Gilchrist: ... I would say in answer to that is we said, "marine related
retail use."
Mr. Odio: It is very clear.
Mr. Gilchrist: And then we gave examples of marine, and it was considered to
be "inclusive, but not limited to," as long as it can be defined as marine
related.
Mr. Gibbs: But, then you don't - you give examples, but I am just concerned
that somebody just slaps on a sign saying, "nautical something," and it can be
a restaurant, or it can be...
Mayor Suarez: We won't approve it, then.
Mr. Gibbs: Right, OK. Our concern is just to...
Mr. Odio: We are going to review the proposals.
Mr. Gibbs: No, I understand that, but these are our concerns, and we wanted
to get them on the record.
Mrs. Kennedy: It is page 14, John, in our...
Mr. Gilchrist: OK, I am sorry.
Mr. Gibbs: OK, thank you very much.
Mr. Steven Cooke -Yarborough: Good afternoon, I am Steven Cooke -Yarborough,
3555 Crystal Court. I am vice-president of Tigertail Association and chairman
of the zoning committee for the Miami Civic League. I speak for both
organizations this afternoon. We generally have concerns with the R.F.P. in
its present form, as has - I think virtually all of the issues have been
brought up this afternoon. We just wanted to confirm that we do have these
concerns, and particularly, we are particularly concerned about the fact that
it is a PR, public recreation zoning, and it is quite restrictive of what you
can do in those areas, and what you can do does require special exceptions, or
special permits. It seems to me that if the developer isn't assured that he
will get those special exceptions and special permits, it is pretty unfair to
ask him to go through a costly preparation of a proposal. Now, if we are
going to tell him he can get them ahead of time, that rather negates the
zoning law. I think that should be looked at and quite firmly sorted out
before we ask for the developers to go into the expense of preparing their
proposals. Thank you.
Mayor Suarez: Thank you, Steve. I don't know any other way of doing it.
John, proceed.
Mr. John Brennan: My name is John Brennan and I live up on Swanson Avenue,
around the corner from J. L. I have been down here for 30 odd years and I am
a boater. First I want to complement the Commission on the beautiful job they
did at decorating the hall here. Secondly, I'd like to know, just, I'm sure
everybody else is interested - next to this item, it said 11:15 a.m. Was that
when it was typed?
Mr. Plummer: No, we are very much ahead of the gamel
and we are very much ahead.
Mr. Brennan: Is that what it meant?
Mr. Plummer: Yes.
Mr. Brennan: OK.
It meant 11:15 p.m.,
156 December 11, 1986
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Mayor Suarez: Under the prior administration, it would have been 11:15 p.m.,
so we are doing pretty well.
Mr. Brennan: OK, item number one for my concern is, having read the document,
I don't get the feel that it says, this is to serve the community. The tenure
is continually how much money can the City take in today to put in the City
coffers today. It doesn't relate to the fact that as someone else mentioned,
a park serves the community but it doesn't make any profit, and I am not
convinced that a waterfront repair facility has to take in money for the City.
The cost of repairing boats is so high now that many boats are being taken out
of this community. I would like to see it left...
Mr. Plummer: John, you know, you just brought up an interesting point. Mr.
Manager, I would have no problem maximizing the developer's percentage of
profit, and whatever is left over goes to the City. For example, F.P.& L.
cannot make more than a nine percent return on their investment. Now, you
know, you might have just made a good point. Rather than us being concerned,
how much are we going to get, let's consider putting a max on the percentage
that the developer can have as profit, whether it be seven percent, or eight
percent. It is a very interesting concept. I think that needs consideration.
Mr. Brennan: At a later date, I would like to address the fact that the boat
repair facilities on the Miami River should be reassessed. In each case you
have a condominium next door, and the boat repair facility is taxed based on
the value of the condominium. It makes it very difficult for a fellow to
repair his boat, and by the way, I am not the wealthy end of it. I am the guy
that repairs his boat with his hands. I do my own boat repair work. On page
two, we addressed the section "b", marine related retail on publicly owned
property. That has already been rather vigorously addressed. Won't pursue
that. I think it is important to note that you cannot repair a boat in a
restaurant. There is an item in here that says, repair and replacement of the
seawall.
Mayor Suarez: The converse is not true. You can eat in a boat repair yard,
right?
Mr. Brennan: You can most certainly eat in a boat repair yard, that is true,
I bring my own sandwiches as a rule. There is an item in here on page four
that says repair and replace this sea wall. It is in here at least twice, so
maybe somebody ought to look at the grammar. I am taking the time you stole
from me, J.L.
Mayor Suarez: He is stealing from you again?
Mr. Brennan: There is an item on page nine that addresses aesthetics, and for
those who love the beauty of a beat up old boatyard, it sure doesn't replace
the Fountainebleau Hotel, but beauty is in the eyes of the beholder. Page
nine...
Mayor Suarez: So, John, you want it to be as ugly as possible?
Mr. Brennan: Well, I don't know, everybody has his own idea. My idea of a
beautiful woman...
Mayor Suarez: Just teasing you. You are going to...
Mr. Brennan: No, I understand. I understand. Item two on that page starts
to address the money value. I think a banker should have been present to see
the whole thing. It says that in no case shall the lease term exceed the year
2012, and if I remember right, we have a piece of property who has a lease up
to 2035, is that correct?... and I agree with J. L., that whatever the top
line is that this is what this should be, that we should put this lease out to
the length so they all expire at the same time.
Mr. Plummer: As a maximum.
Mr. Brennan: Sir?
Mr. Plummer: As a maximum.
Mr. Brennan: As a maximum.
157 December 11, 1986
4F
Mayor Suarez: Do you want this one to be extended to the year 2035?
Mrs. Kennedy: 2012.
Mr. Brennan: I'm trying to protect at least a little bit the boat repair
facility. The longer his term is, the less he has to charge me tomorrow
morning when I get my boat fixed.
Mr. Dawkins: Well, I didn't vote for the 2035, and I would not vote for it
now. I do not think that you should tie up public land until the time I die
before somebody else can change on it, OK?
Mr. Brennan: You will probably go after I do. I understand that, but we
already have one and as long as that is the tenure, this is my...
Mr. Dawkins: He was able to get it done. I hope we don't be able to get
another one through like that.
Mr. Brennan: OK, well, I am partly concerned with protecting this as a boat
repair facility. That's...
Mr. Dawkins: OK, John, we understand that.
Mr. Brennan: There is an item on here that was addressed. "The facility
shall offer the opportunity for individual boat owners and provide repair
services." I think that is a good idea, because this is the type of facility
that I can use. Unfortunately, I can't really use a boat repair facility that
everything is done by the owner of the boat repair facility. It talks about
minor engine repair on page 10, and I do believe as Ron Falkey said, that you
must be able to repair the entire vessel. Page 11, I think it has been read
once, but it says: "No major hull services or major overhaul services of
engines out of hull may be conducted on the site," and I am sorry, but I -
if...
Mr. Gilchrist: It is not in there. That is not in there, John.
Mr. Brennan: It is not in there? I just read it to you.
Mr. Gilchrist: I thought you said that it is in
Mr. Brennan: It is Page 11, it is above B, and it says marinas!
Mr. Odio: What does it say?
Mr. Gilchrist: I think you are reading from an old...
Mr. Brennan: I got this from your office, John.
Mr. Odio: It is not here.
Mr. Gilchrist: I am looking at page 11 and it starts with: "The Commission
may accept any recommendations the City..."
Mr. Brennan: Top of the page, about the fourth line down. No is in the right
hand column.
Mr. Gilchrist: If it is there, we will take it out, because it is not
intended.
Mr. Brennan: Bless you.
Mr. Odio: Not intended to.
Mr. Brennan: There is an item here that says we must have a - this is
designed to be a first class marina facility. That sounds to me as being
arbitrary and there are several other places where it appears that the -
including this item about how much is a major, how much is a minor repair
facility. This week...
Mr. Gilchrist: John, we will make it third class, if you would like.
158 December 11, 1986
Mr. Brennan: No, no, sir, I would like to have it so that it is not
arbitrary. We could go to Mexico where everybody has got his hand out,
depending on how much you pay him, you can get whatever you want. I would
like to be able to say, this is a repair yard. You can do this, or that, or
the other and it should not be up to the judgment of the inspector. Ancillary
marine related equipment, still page 11, talks about including food and
beverages and I came before this Commission a while ago, and the Manager
argued with me every time I opened my mouth, about a restaurant. I think that
it should be laid out very clearly, exactly what you can do. I would say that
a 30 seat...
Mayor Suarez: We have heard that already, John. You are getting repetitive.
We have heard that argument.
Mr. Brennan: Someone missed the point that...
Mayor Suarez: And you are beyond your time period. Come on, summarize,
please.
Mr. Brennan: If you have a large restaurant, you don't need a marina.
Mayor Suarez: We don't envision a large restaurant there, or a restaurant at
all.
Mr. Brennan: Sir? All right, as long as that is a fact, but it is written in
here. This is what I am telling you.
Mayor Suarez: No, it is not quite the way you are saying it, but it is...
Mr. Brennan: I am sorry to take so much time, but I did spend an hour reading
this. I will wrap it up. I thank you for your time. I do hope that it is
rewritten so that it can more appear to be a service to the community, first,
and secondly, a money making operation for the City. Thank you for your time.
Mayor Suarez: Thank you, John. Stuart?
Mr. Stuart Sorg: Mr. Mayor, I am Stuart Sorg, I am president of the Coconut
Grove Chamber of Commerce, and on the Waterfront Board. I've just got a
couple of brief statements. I'd like to commend John and his team for putting
this together. It was reviewed by the Waterfront Board. We are very pleased
with it. There wasn't any question in anybody's mind, except maybe a couple
on the repair factor. I think we all understood that was going to be
available to whomever the developer was. We certainly want you to protect the
full service marina concept. I think it is very important that this whole
facility be geared toward the boating community, but the last thing I wanted
to say was that I hope we give some freedom and not tie the hands of the
developer and those people that are going to make proposals, and I am reminded
of years ago when Santana Marina was around for many, many years and I am sure
there were different types of in those days, but an incredibly
bright and resourceful young gentlemen came and put a bid before the
Commission, Spencer Meredith, and he changed the whole concept and went up and
put boats and did things that were very unusual, that nobody else thought of,
so I think we have got to take moment, think of the waterfront, think of the
boating people, but give the developers an opportunity to show us something
new and creative in the whole bid. Thank you very much.
Mayor Suarez: Thank you. OK, I presume that completes the presentations?
Almost?
Mr. Spencer Meredith: Good afternoon, Mr. Mayor and members of the
Commission, my name is Spencer Meredith. I am president of Grove Key Marina,
3385 Pan American Drive, right next door. A lot of the points that were made
this afternoon, I think are very significant. I'd like to start first by
saying that, just as Stuart did, I think that the staff that put this package
together worked very hard on it. There is a great deal of detail and while I
have some critical comments to make about it, I appreciate the effort that
they have made in trying to make it as specific and clear as it is. The
comments and the criticisms that I have, I think are not just from Grove Key's
point of view. I'm speaking on behalf of Grove Key as a prospective bidder on
the property. It is logical that we would be interested in it, with a
neighbor next door and there is a certain .attractiveness just to that fact
alone, but as the bid specs are now written, it is really not possible for us
159 December 11, 1986
to bid on them, and I am going to tell you why, and I think Commissioner
Plummer put his finger right on it when he talked appraisal, what is land
worth, and land is worth what you can use it for, and we talked about a park
not returning any income to the City, but on the other hand, it returns a
great deal of income to the public, because they use it a great deal. Grove
Key is a good example, because that was brought up before. Commissioner
Dawkins mentioned that we paid the City $114,000 in rent. Chart House is a
tenant, and they pay the City also, and I don't have an exact figure on them,
but I bet they pay the same or more!
Mr. Dawkins: Did they pay you too? Did they pay you too?
Mr. Odio: No, they pay directly...
Mr. Gilchrist: No, they pay directly to the City, and they take about two
acres of land out of the six that we started with originally, and I believe
you get as much or more income from them, as you do from us. Now, that is a
good example of what land will return. In the case of the Merrill Steven's
property, this issue was brought up as to whether you want a large restaurant
or a small restaurant. Well, it goes back to what you want to do with the
land, or how much money you want to get from it. If you want to put in a
restaurant the size of Chart House, which is a 200 seat restaurant, it takes
up about 10,000 square feet. It needs 100 parking spaces, because it has to
have 200 seats to get a liquor license. The 100 parking spaces are going to
take you about two acres, and you will probably get $100,000 facility here out
of it. Maybe you will get more, but at any rate, that is what it is going to
take. Now, if you want a snack shop, please spell it out in the bids
specifications really clear, because it is not that clear today. It says
20,000 square feet. Commissioner Dawkins, you have been very clear! There is
no mistaking you, but I am saying for other developers, perhaps who may not be
here and hear the verbal exchanges today, they might look at that and say,
"Well, the City wants a large return. We will stick in a 10,000 seat
restaurant, we will have 10,000 - 10,000, whatever...
Mayor Suarez: It will filter to them. Whatever is said today will filter to
the prospective - you keep calling them developers, concessionaires, whatever.
Mr. Meredith: OK, operators, bidders. Bidders would be a better term, but I
would ask you to clarify that in writing once and for all, so that no one is
tempted to put in a large restaurant of that size. The other comments I
wanted to make is if you exclude the large restaurant, and you get back to
what I hope everyone agrees on, a small food concession of some sort to serve
the people who are using the facility, then you get back into the financial
investment in the project. Now, these specs call for a staggered amount of
investments, but leading up to 25 years, which would match the term that Grove
Key has, to 2012. Well, it takes $4,000,000 to get that term. $4,000,000 is
going to have to be amortized in those 25 years, but you really don't get 25
years to amortize it. By the time you get through with the bank wanting a few
years at the end and construction time, you are going to be amortizing it in
probably somewhere around 20 years, and you are going to be looking at
somewhere around 440,000 a month in principle and interest payment, which is a
big nut to crack, and that is before you pay the City, before you hire the
first employee.
Mayor Suarez: What about that, John? Have you looked at this to see if
someone is really going to be able to put in $4,000,000 and get 25 years, or
is that just an unrealistic projection?
Mr. Gilchrist: It is marginal, I must say; however, one of the reasons we
allowed up to 20,000 square feet of retail food and beverage is to allow you
to get the return.
Mayor Suarez: I guess the only way we will know, Spencer, is trying it out.
Go ahead.
Mr. Meredith: Well, that may be true. The other thing is when you get into
retail as a general rule, and Rouse is an example, they lease retail space to
operators who then sell retail, and so their income comes primarily from
rents, and no, in this package also the operator would really be leasing out
and getting rent income. He wouldn't be getting the profit on the store that
sold the hardware, he would be getting the rent from the store, and that again
is going to cut down the amount of income it gets. Now, I think it is a good
idea...
160 December 11, 1986
Mayor Suarez: Well, the two things are not exclusive. I mean, the rent could
be tied to the profits, so...
Mr. Meredith: I really think the $4,000,000 is too high, and I am going to
continue on why I think it is high. I think that a large amount of space has
been requested to made accessible to the public and the public be given the
right to work on their own boats. Again, these are income, or profit
producing activities. I am not saying they are right or wrong. I am just
saying, let's be realistic about the numbers here, so from our point of view,
the $4,000,000 as an investment, to be amortized in 25 years is simply not
viable, and I speak as a marina operator, I've been a tenant of the City, for
what?... 13 years now, and I just don't see how to do it. The other thing is,
then when you talk about $4,000,000, why is necessary, $4,000,000 You talk
about tearing down the existing hangers, if you are going to use them for
storage space. Well now, you could spend a lot of money if you take down a
hanger and put up another one, but the existing building is 54 feet high.
Everyone objects to the size of it, but you are allowed to put up another
building which is 55 feet high, and that doesn't seem really clear.
Mayor Suarez: Let me ask John a question. If we had a proposal that allowed
for the existing warehouses, or whatever you call them, hangers to be used for
storage, would that be nonconforming, that kind of a bid?... rejected off
hand, or would that be just considered along with all the other ones?
Mr. Meredith: Excuse me, but under the terms of...
Mayor Suarez: Wait, I am asking our expert, here.
Mr. Gilchrist: Under the current terms, that would be rejected.
Mr. Meredith: That was...
Mayor Suarez: I'd have problems with that. I don't see why we have to build
that in.
Mr. Gilchrist: I think the Commission should instruct me, but I had the
impression from the Commission that their desire was to remove those buildings
from...
Mayor Suarez: Well, we talked a lot about that. We said that maybe that they
would work out.
Mr. Gilchrist: We're merely here to get the....
Mayor Suarez: Well, it was stated, because I stated it on the record.
Mr. Meredith: I'd like to just comment on that. I would request or propose
that the bid specs allow the bidder itself to propose what is to be done about
those buildings, because there are a lot of things that could be done. Maybe
they should be knocked down, maybe he would build another building. Maybe he
would figure some way to utilize all or part of what is there. The same thing
applies to docks and all existing facilities. I ask that you allow...
Mr. Odio: May I answer that question? Don't take 25 years and just take the
lease for 10 years and you don't have to invest $4,000,000, you only need
$1,500,000.
Mr. Meredith: That is an interesting point! But, then you are going to be
back debating the issue 10 years from now, and I think_ you are trying to get
the leases to coincide.
Mr. Odio: What you are saying is, for the City to turn over the property to
somebody for 25 years and you don't have to invest any monies there and the
land belongs to you for 25 years and we cannot do anything else there, ever.
Mr. Meredith: Mr. City Manager, I wouldn't... that really isn't what my
intent is, and I think anybody who makes a bid like that has been totally
oblivious to everything that has been said this afternoon, because...
Mayor Suarez: Well, we are going from one extreme to the other.
161 December 11, 1986
t
Mr. Meredith: Yes, that isn't really what I had in mind. I am just asking
that you open it up to options. I know, I agree, that is extreme, and I think
it would be unrealistic to expect you to throw some paint on there and assume
that the Commission is going to be pleased with that. The other point is, and
it is an interesting idea that cropped up in this bid spec with the two
percent override for property maintenance, and I request that you reconsider
that, because the fact is that when you make a bid on a property, you bid on
the downside, your minimum annual guarantee, and on the up side, you bid a
percentage of your gross revenues, and usually, I mean, I would assume that
bidders make the very best bid they possibly can. You don't know how much,
from the City's point of view, you don't know how much the two percent is
going to be, because the gross is going to change over the years. From the
bidder's point of view, he can only pay "X" amount, as a percentage of his
gross as rent to the City, so if you have got a two percentage override, he is
going to bid "X" minus two. Now, that is just the economic reality of doing
his analysis. I would suggest...
Mayor Suarez: All right, you have got the flexibility there, I don't see what
the problem is.
Mr. Gilchrist: Let me say that the Planning Department brought that to us as
a part of the Dinner Key master plan to build up a fund for the maintenance of
the entire area. That is not talking about the site. It is two percent paid
from a tenant into a fund that is used for the general maintenance of Dinner
Key. That was put forth in the Dinner Key master plan. We would not have
generated that, you know, as part of this R.F.P., but we were asked to put
that in by the Planning Department. I think the Commission should look at
that, besides what...
Mayor Suarez: It is certainly going to confuse the mathematics and make it
that much more complicated for them to estimate the percentage gross that they
can afford to pay.
Mr. Meredith: Yes, I think that really, it is in your interest not have it,
because the truth is that one year you may have to spend more or less, and I
think having a separate fund locked in only for that purpose does restrict
your hands in the City and how you spend the money. You may want to plant all
trees one year, but then you may not have very many expenses for the next
several years. So, I think you are better off, it would seem to me, that you
are better off getting as much money as you can, and then deciding yourself
how that should be allocated, so I think that that is a question. The other
thing is I noticed in there that there is an inspection time available to the
bidders to come out of the Merrill Stevens property on Friday mornings, and
that seems to be the only time that they can come on, and while that is not
too much of a problem for Grove Key, because we are fairly familiar with it, I
would think that any out of town bidder would have a real problem with that,
particularly in the early stages. After all, it is public property, and it is
not really, it shouldn't be Stalag 13, so I think you should please have it
open to the bidders, say Monday to Friday in the mornings by appointment with
the City representative.
Mr. Gilchrist: That was an arbitrary thing just so we could have somebody
there. We will make it available at any time.
Mr. Meredith: Thank you.
Mayor Suarez: You can see it any time you want.
Mr. Meredith: Well, that is good.
brought it up, and I think that...
Mayor Suarez: So we resolved that.
That isn't what it said, and that is why I
Mr. Meredith: I think basically what my - I've stated my objections as far as
a potential bidder. It appears to me that you are going to be reevaluating
your bids specs and there may be some changes coming up in them. It is a
great opportunity, and really, that is about all I had. I look forward to
seeing what your next version will be.
Mayor Suarez: Well, we will see, but let's complete now your presentation so
we can get on with the next item. I am going to move the item, assuming no
more presentations, with one deletion, and that is the one that has to do with
162 December 11, 1986
e #,
not using the existing facility, or hangers for boat storage. I don't see
that that is needed in there. Let's give the flexibility and we will see,
depending on what bids we get.
Mr. Dawkins: So moved.
Mayor Suarez: And I so move.
Mr. Dawkins: I move it.
Mayor Suarez: Seconded, I guess. You moved it, Commissioner Dawkins? All
right.
Mr. Dawkins: Who is going to second it?
Mayor Suarez: I will second it.
Mr. Dawkins: OK, no problem.
Mr. Plummer: Under discussion. Anybody else have discussion? I do. Mr.
Gilchrist, what sayth this R.F.P. in reference to rates? Does the City have
any control over the rates?
Mr. Gilchrist: No, we did not put that in, sir.
Mr. Plummer: So in other words then, you are just giving a free hand to
whoever is the successful bidder, to charge whatever he feels he wants to
charge.
Mr. Gilchrist: Yes, sir, in this R.F.P., we would be happy to change it if
you want to suggest...
Mr. Plummer: Well, I am saying where the City's revenue return is on his
gross, if his rate is so high, that people are not using the facility, it
would affect the City's return. I am asking, do you feel that there should be
some consideration, whether it be a maximum, or what, as far as the rates are
concerned.
Mr. Gilchrist: I guess what my view of that was sir, was that the market
would establish that and the people who are in the business would come in with
the proposal that would be a marketable...
Mr. Plummer: Well, but see, that isn't what has been happening in the past.
What has been happening in the past, where they had a free reign to charge
what they wanted, they had the only large facility in this area, and they were
basically at the mercy of some people, or some people were at the mercy of the
operator, and I am just wondering whether or not the City wants, or should
consider some control.
Mr. Odio: ... do a $1,000,000 and next year will be...
Mr. Plummer: Do you understand what I am saying?
Mr. Gilchrist: So one thing that I thought we would put in there that would
help that and this was a response to the community too, was the ability to
bring other craftsmen in there who would pay a percentage, but they would...
Mr. Plummer: OK, well that's - I'm getting to that, OK. What sayth this
R.F.P. as to subleasing, or jobbing out?
Mr. Gilchrist: Well, essentially what we were saying, the operation down
there now supplies all of the crafts for both yard operations within one
company. We are saying that the proposer should, is required to allow a boat
owner to be hauled out there, and to bring his craftsmen in, or to work
himself on it, but he pays a rate for doing that.
Mr. Plummer: Yes, but you know what happens, don't you? In reality, you get
put to the very end of the line, and you might get pulled out when everybody
else that is paying them for the fee gets taken care of. You know, I could
see a John Brennan up here screaming right now. "Fine, it is a full service
marina, you did what we want, but now they have priced me out of business, I
can't get in therel"
163 December 11, 1986
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Mr. Gilchrist: John was the one who was insistent upon that being in there,
by the way, that...
Mr. Plummer: Well, I am just saying that, you know, and it could happen under
realistic terms. I am concerned about that, and that any subleases such as
these others that are being talked about, that that be directly with the City
and not necessarily with the developer. For example, the Chart House, he
spoke of the Chart House. That comes directly to the City, and I think that
is a very viable concern, it is for me. What about the signage? Is there a
limitation in the R.F.P. telling the developer...?
Mr. Gilchrist: No, but there is the zoning, which requires signing...
Mr. Plummer: So you figure that zoning is adequate protection?
Mr. Gilchrist: Yes, sir.
Mr. Plummer: OK. Mr. Mayor, let me understand your motion. Does your motion
mandate that the barns must stay there, or it is...
Mayor Suarez: No, no, just leaves that flexible, but it does not...
Mr. Plummer: Flexible.
Mayor Suarez: ...deem non responsive any bids that would use the barns or
hangers or whatever for storage, and it just leaves that as a flexible item.
They might be able to use those.
Mr. Plummer: Further discussion. Further discussion?
Mrs. Kennedy: Further discussion. One second. Go on.
Mr. Plummer: No, I... it is up to you.
Mrs. Kennedy: I was trying to look for something, find something that I was
looking at. Let me just put on the record that again, what I would like to
see is a working full service marina to service the many boaters in our City.
I think that this can be in the character of Coconut Grove. I'd like to see
the walkway from the north to the south, to connect the Kennedy Park, Monty
Trainer's through to City Hall. I think that is very, very important. I'd
like to see attractive buildings out where the boats are stored and I think
that this could be a very colorful work environment typical of the Coconut
Grove as a village. I think that on page 22, the two percent override of
lease payments to fund a public area maintenance program should be cut, and
that is my proposal.
Mayor Suarez: I will accept the modification to my motion to delete that two
percent override if you would like, just to make the math simpler. Either way,
they are going to adjust the gross anyhow, so, do you want to...
Mr. Plummer: Any further discussion?
Mayor Suarez: ... build that into the motion? I'll accept that.
Mrs. Kennedy: Sure. OK.
Mr. Dawkins: The seconder accepts that.
Mayor Suarez: The seconder accepts.
Mr. Plummer: No further discussion? Call the roll.
Mr. Odio: On the motion, or the R.F.P. ...?
Mr. Plummer: Well, the motion is to approve the R.F.P., with the only change
is the flexibility as it relates to the barns, and removal of the two percent.
164 December. 11, 1986
0 0
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-1017
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR A UNIFIED DEVELOPMENT PROJECT FOR THE DEVELOPMENT
OF A FULL -SERVICE BOAT YARD FACILITY, MARINA AND
ANCILLARY MARINE -RELATED RETAIL USE ON AN
APPROXIMATELY 1.2.57 ACRE CITY -OWNED WATERFRONT PARCEL
INCLUDING 6.16 ACRES OF UPLAND AND 6.21 ACRES OF BAY
BOTTOM CONTIGUOUS TO THE UPLAND LOCATED AT 2640 SOUTH
BAYSHORE DRIVE, MIAMI, FLORIDA; SELECTING A CERTIFIED
PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A
REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT
FINDINGS TO THE CITY MANAGER AS REQUIRED BY CITY OF
MIAMI CHARTER SECTION 53(c).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner 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 all of you who made presentations and continue to
monitor this process, please.
Mr. Odio: Mr. Mayor, we need to select the C.P.A. firm and the committee.
Mayor Suarez: For the U.D.P.? Do you have a recommendation in the backup?
Mr. Odio: Yes, sir.
Mr. Plummer: Who...7
Mrs. Kennedy: The C.P.A. firm recommended is Arthur Anderson, together with
Sharpton, together with Verdeja.
Mr. Dawkins: What is this, now?
Mayor Suarez: The firm that would oversee under the U.D.P. process, the prior
item.
Mr. Plummer: Well, I thought we were going to move this stuff around to
different firms?
Mr. Odio: That is why we are doing this, so we are recommending...
Mr. Plummer: Well, I just had Sharpton in front of me this morning.
Mrs. Kennedy: That is right.
Mr. Odio: No, no, let me explain. Please, J. L., let me say this to be fair.
I asked the same question at the time that we were selecting, to recommend.
Mr. Sharpton has not done that much work for the City. He has only been
involved with Miami Capital to audit and is a minor work. He has never been
involved...
Mr. Dawkins: Who is the prime on this?
165 December 11, 1986
Mr. Odio: Arthur Anderson and company, who has not done much work for the
City, if any.
Mr. Dawkins: OK, good, OK.
Mr. Odio: Sharpton, who represents a Black firm and Verdeja, Iriondo &
Gravier and Company, who are the Latins. That is the firms we are
recommending, but you can...
Mr. Dawkins: Do anything you want to.
Mrs. Kennedy: Also, the fourth firm, Peat Marwick is with Sharpton. Can't we
find any other Black firms, so we don't...
Mr. Odio: We have another firm now that we contacted, but like I said,
Sharpton has not done that much work for the City. We are very happy with
what he did, and we would like to give him the opportunity on this one.
Mr. Plummer: How can he associate with two firms? He is competing with
himself.
Mr. Odio: Well, no, they...
Mrs. Kennedy: Well, he is covered. In case that one doesn't go, he always
can fall back.
Mr. Gilchrist: But I think those firms traditionally work with one or the
other.
Mr. Odio: They do joint ventures.
Mr. Gilchrist: There are only 2 black C.P.A.s that we are aware of.
Mayor Suarez: There is only two Black C.P.A. firms in the City.
Mr. Dawkins: There is three, but like you say, Coopers & Lybrand, they like
to work with Kuntz, and these people like to work with this guy, and I don't
know who works with - what is his name, whatever his name is, I don't know.
Mayor Suarez: I don't think he does any City...
Mr. Dawkins: Thompson, Tomkins.
Mayor Suarez: ... accounting, any public accounting.
Mr. Gilchrist: His name hasn't come before...
Mrs. Kennedy: John, there are a lot of women owned firms that are extremely
qualified. I hope that you can reach out to them, and let them know of
these...
Mr. Dawkins: Well, every time I see Coopers & Lybrand, I see a lady, I think
she is the one who owns it, Commissioner Kennedy.
Mr. Gilchrist: Sharon Brown.
Mr. Odio: Sharon Brown.
Mr. Dawkins: Sharon Brown is the only one I see.
Mayor Suarez: She is a partner.
Mr. Dawkins: That's right, so what am I supposed to do, send her back now,
and tell her to send me a male?
Mrs. Kennedy: Well, at times we tend to be more vocal.
Mr. Dawkins: OK, OK, no problem.
Mrs. Kennedy: Sometimes.
Mr. Dawkins: All right, OK. No, I just wanted to know what we are doing.
166 December 11, 1986
W
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Mr. Odio: As part of your motion, I would like to, if you - I spoke to Bill
Hicks, Esquire, and asked him if he would serve as the chairman of this
committee. He is highly recommended. He is above reproach and he is
interested in the marine waterfront property and I couldn't think of anybody
else that I could recommend that would be above reproach, he has said, he
indicated to me that he would accept if appointed. We spoke to Don Anguish, a
C.P.A., who was a past Commodore of the Coral Reef Yacht Club; Richard Briggs,
the executive director of the Marine Counsel; Henry Givens, chairman of the
Waterfront Board; and Raul Rodriguez, who is an architect from Rodriguez,
Khuly & Quiroga Architects, and I was thinking of appointing John Blaisdell,
from my office; Editha Fuentes, Juan Miguel Portuondo and Sergio Rodriguez to
be part of the Selection Committee.
Mayor Suarez: I move the Selection Committee, and I move the recommended firm
with the joint venturers.
Mr. Dawkins: Second.
Mr. Plummer: Any further discussion?
Mr. Dawkins: Under discussion, all jokes aside, Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Dawkins: Prepare a list of female accountant firms and submit it to me,
along with a copy to Mrs. Kennedy, so that we can see that there are some, so
that when I ask why we are not using any, we will have a list, please.
Mr. Odio: Yes, sir. I'd like to refer my intention that every time we have
something like this, that we will look for a new firm to give work to all of
them.
Mr. Plummer: Well, at least rotate it.
Mr. Odio: On a rotating basis.
Mrs. Kennedy: And I instructed you, Mr. Manager, a couple of months ago, to
go out into the community and select...
Mr. Odio: And we are, Madam.
Mrs. Kennedy:... some woman owned firms and you said that you would give out
seminars and talks.
Mr. Odio: We are. We have given out...
Mr. Gilchrist: I want to deal with ladies, so I am really...
Mr. Odio: We are seeking that to open...
Mr. Plummer: Any further discussion? Hearing none, call the roll.
ON MOTION DULY MADE BY MAYOR SUAREZ AND SECONDED BY
COMMISSIONER DAWKINS, THE HEREINABOVE MENTIONED PEOPLE WERE
NAMED TO THE SELECTION COMMITTEE 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: NAMES CONTAINED IN THIS MOTION ARE CONTAINED IN R-86-1017)
167 December 11, 1986
60. URGE DADE COUNTY TO BUILD NO MORE JAILS WITHIN MIAMI CITY LIMITS (See
label #12)
Mr. Dawkins: Mr. Mayor, this morning I asked that we prepare a resolution to
inform the Dade County and the Judge that we don't need any more jails located
within the City of Miami. Will the City Attorney read that resolution please,
and we would like to pass it as an emergency, so we can get it done.
Mrs. Dougherty: Yes, sir, Commissioner Dawkins:
"WHEREAS, the City of Miami is the site of existing county jails and also
has several state correctional facilities within its corporate limits;
and
WHEREAS, there is a gross disparity between the number of such facilities
located in the City of Miami as compared to the location of such
facilities in other municipalities in Dade County;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. It is the firm conviction of the Miami City Commission that
no more jails should be built within Miami City limits due to the fact
that there are multiple jails already located in the City of Miami and
because further expansion and concentration of jail facilities in the
City imposes an unfair and inequitable burden on City citizens, until
other cities in Dade County have assumed their fair share of burdens in
having jail facilities located therein.
Section 2. The City Clerk is hereby directed to forward a copy of this
resolution to the Dade County Commission and to Judge William M.
Hoeveler, U.S. District Court in the Southern District of Florida."
Mr. Plummer: Question, would it not be a fairer statement to make, the City
of Miami of Miami request that no more jails be built in our city limits until
a proportionate share have been built in all the rest of the 27
municipalities, then consider the City again. I have a problem, I guess, with
saying, no, absolutely no. I think it is such...
Mr. Dawkins: Well, why, J.L.?
Mr. Plummer: Well, I think if everyone else assumed their responsibility, the
rest of the municipalities, then the City should be considered on an equal at
that time.
Mr. Dawkins: But, the City - OK, well then, how many municipalities do we
have?
Mr. Plummer: Twenty-seven.
Mr. Dawkins: How many jails do we have within the City of Miami?
Mr. Pierce: One, that I know of.
Mr. Plummer: No, two that I know of.
Mrs. Dougherty: We. have three State correctional facilities and one -
correct - County jail.
Mr. Dawkins: Three? All right, and that criminally insane treatment center,
four. All right...
Mayor Suarez: And one in the County, I think.
Mr. Dawkins: And there are 27 municipalities, right? Now, multiply four
times 27, somebody, quickly.
Mr. Plummer: That's what I am saying!
168 December 11, 1986
Mr. Dawkins: So you see, I don't pant no more.
Mayor Suarez: One hundred and eight.
Mr. Plummer: No, no. You - I'm just trying to make...
Mr. Dawkins: Go ahead, J. L. No, no.
Mr. Plummer: ... it a little softer.
Mr. Dawkins: No, I don't want it any softer. You see, the Judge, see, when
they go down there, they are going to say that the City of Miami will take
this. "Let's shove it on in there, they have got space over there by the
Miami Stadium that they are not doing nothing with. Put a jail there, put it
right next to the treatment center, because they have got nothing else there!"
I mean, that is my feeling, I am only one person up here.
Mr. Plummer: OK, all I am saying - I agree with yout All I am saying is, I
would think it would be much better to read, "That the City of Miami request
that no more jail facilities be built in the corporate city limits until the
other municipalities have assumed their share of obligations."
Mayor Suarez: Which would mean that we would have to have 108, or so, in Dade
County, before we...
Mr. Plummer: You read between the lines very well!
Mayor Suarez: Right.
Mr. Dawkins: I'll accept that.
Mayor Suarez: OK, moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-1018
A RESOLUTION EXPRESSING THE FIRM CONVICTION OF THE
MIAMI CITY COMMISSION THAT NO MORE JAILS SHOULD BE
BUILT WITHIN MIAMI CITY LIMITS DUE TO THE FACT THAT
THERE ARE MULTIPLE JAILS ALREADY LOCATED IN THE CITY
OF MIAMI AND BECAUSE FURTHER EXPANSION AND
CONCENTRATION OF JAIL FACILITIES IN THE CITY IMPOSES
AN UNFAIR AND INEQUITABLE BURDEN ON CITY CITIZENS;
FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF
THIS RESOLUTION TO THE DADE COUNTY COMMISSION AND TO
JUDGE WILLIAM M. HOEVELER, U.S. DISTRICT COURT IN THE
SOUTHERN DISTRICT OF FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
169 December 11, 1986
--------------------------- ------------------------------------
61. ARTHUR TEELE'S LAW FIRM SELECTED AS CITY'S LEGISLATIVE CONSULTANT
(LOBBYIST) (See label #17)
------------------------------------------------------------------------------
Mr. Dawkins: Yes, one more thing, we have some high priced lawyers sitting
here.
Mayor Suarez: Yes, let's take that up.
Mr. Dawkins: Mr. Plummer, I would like to know if you think they performed
well, or not, because we... it is time that we do have a changing of the
guards in Tallahassee, and it is going to very difficult to get some things
down south here, if we don't start now, and I would like to know for the
lobbying firm to know that it can start now working with us to develop it, so
I would like to vote that we retain the same - Mr. Teele, come up here, so
they can see that we don't get one of you as a lobbyist. Stand right there
sir, that is good, that is good enough. He will be one of the lobbyists in
Tallahassee with this firm, so do you think they perform...
Mr. Plummer: Mr. Teele is very well known to me, and very adequate.
Commissioner, my problem is, as you might know, is the statement that was made
this morning, and the City Manager was one who said he was not ready to make a
recommendation, that he was checking with other proposers. Now, that was the
reason I asked that the matter be delayed until he had the ability to do that.
Now, if the Manager tells me he is read to recommend this firm, I am ready to
vote.
Mr. Dawkins: Mr. Manager, are you willing, ready, able to make
recommendations on this firm, sir? Do you feel that they have served well?
Mr. Odio: Yes, they have served well. I have a report that will indicate
that.
Mr. Dawkins: OK, I'd like to move that...
Mayor Suarez: A report by whom?
Mr. Odio: I - prepared by my staff, reviewed the process of the whole year,
and what this firm has accomplished for us in Tallahassee.
Mr. Dawkins: OK, we owe them, which you can negotiate with, some expenses
from last year, so what I would like to do is move this with a fee to be
worked out with you that includes the expenses for this year, so that will not
come back where we owe expenses next year. Is that agreeable to this
Commission? OK, are you going to work that fee out, or do you have it?
Mrs. Dougherty: Do you want to make a recommendation?
Mr. Odio: Go ahead.
Mrs. Dougherty: Mr. Commissioner, I'd recommend, and I believe the Manager's
recommendation is the following: We owe them $25,000 from the year before
this last fiscal year, that they forgive that $25,000 in expenses that they
incurred in connection with the Bayside agreement.
Mr. Dawkins: Oh, that is pro bono!
Mrs. Dougherty: That number two...
Mr. Dawkins: Just a minute, before we get any further, let's get that...
would the law firm be willing to donate pro bono $25,000 worth of work on the
Bayside project? I know as big a firm as you are sir, you would do that
graciously.
UNIDENTIFIED SPEAKER: Yes.
Mr. Dawkins: Now, we have got that...
Mrs. Dougherty: Secondly, that we...
170 December 11, 1986
Mr. Plummer: Don't sit down! Don't sit down!
Mrs. Dougherty: ... pay the expenses incurred this year outside of the
contract that we had entered into, which is in accordance with the contract,
expenses be paid, we haven't done that yet, that we now pay those expenses.
Thirdly, that we enter into a new contract this time, to include the expenses
that would be capped at $10,000, therefor the new contract would be only
$150,000.
Mr. Dawkins: $150,000?
Mrs. Dougherty: That is right, which would include all expenses, no expenses
outside of the contract.
Mr. Dawkins: Plus, we pay them for the expenses that we owe them for last
year. That is your recommendation, Mr. Manager?
Mr. Odio: Yes, sir.
Mr. Dawkins: So moved.
Mrs. Kennedy: Second. I don't know if I missed that, I was out of the room
for a second. Have they agreed to this?
Unidentified Speaker: Yes.
Mrs. Kennedy: Madam City Attorney?
Unidentified Speaker: Yes.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 86-1019
A MOTION APPROVING THE SELECTION OF ATTORNEY ARTHUR
TEELE'S LAW FIRM AS THE CITY'S LEGISLATIVE CONSULTANT
SUBJECT TO SAID FIRM'S AGREEMENT THAT IT CONSIDER ITS
SERVICES IN CONNECTION WITH THE BAYSIDE SPECIALTY CENTER
CONTRACT AS HAVING BEEN PROVIDED ON A PRO BONO BASIS;
ACKNOWLEDGING THE CITY'S WILLINGNESS TO PAY SAID FIRM ON A
REIMBURSEMENT BASIS FOR THOSE EXPENSES INCURRED BY IT BY
REASON OF AN EXISTING CONSULTANT AGREEMENT; AND
ESTABLISHING $10,000 AS A MAXIMUM AMOUNT FOR EXPENSES BY
REASON OF ANY CONSULTANT AGREEMENT WITH SAID FIRM FOR THE
FORTHCOMING YEAR, WITH $150,000 BEING ESTABLISHED AS THE
TOTAL COMPENSATION UNDER SUCH FUTURE AGREEMENT.
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.
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mr. Dawkins: Mr. Manager, see that the law firm gets a letter of thanks for
the pro bono work on the Bayside project. Thank you.
Mayor Suarez: Let me tell you that my observation has been that your
Tallahassee office is very effective, Gary Rutledge, in particular, and I see
now that you have got Skip Bafalis for Washington, D.C. work, but I still
don't think it merits $150,000 a year, and my general feeling, for lobbyists
both in Washington and Tallahassee, is to have facilitators, people who help
us and that could be elected officials do our own lobbying in effect, and I
171 December 11, 1986
would add to it the subcontractors have been very effective. I see one of
them back there, Pedro Roy and I see Julio. I think they have been very
effective alac in Tallahassee, but I don't think it warrants $150,000 salary,
or compensation; nor have I seen the desired amount of work in the Miami
office of the law firm, and I hope that in the ensuing years, as I warned you
last year, we get a lot more feedback, a lot more reporting, a lot more
effort, to justify this amount of money.
Mr. Carollo: Well, you guys are forewarned by the Mayor now, so be good next
year.
62. ALLOCATE $54,000 FOR THE BAKEHOUSE ART COMPLEX INC.
Mayor Suarez: Agenda item 65.
Ms. Atlas: I think that is me, is it?
Mr. Dawkins: I think so.
Mayor Suarez: That's you.
Mr. Odio: This item, Mr. Mayor, was deferred from Commission meeting of
November 25, 1986. The City of Miami provided a $150,000 grant through the
llth year to the C.D.B.D. program funds to renovate the building. The
Bakehouse needs $808,000 in additional funds in order to complete the project.
Mr. Dawkins: I deferred this so that the Community Development could come and
tell me what they are going to do with the rest of the money. This had nothing
to do with her, so I am glad she is here. Mr. Castaneda, tell me what we are
going to do with the rest of the money, please.
Mr. Castaneda: With the $730,000 the - I am looking for my schedule...
Mr. Dawkins: That's OK, take your time, because I want you to be correct,
sir.
Mr. Castaneda: We are setting January 5th as the deadline for applications
for the $730,000. January...
Mr. Dawkins: No, no, no. All I want to .know is, you told me you found "X"
number of dollars and from that "X" number of dollars, we were going to give
"X" dollars to the bakery. Now, where did that "X" dollars come from, and how
much is it? I don't want to know nothing about the rest of that.
Mr. Castaneda: OK, I misunderstood your question. What I was prepared to
give you was a schedule of how the money would be spent for the $730,000.
Mr. Dawkins: I need that. I went through that in the budget hearing, sir.
We went through that every time we had some community based organization down
here looking for money, we have been through this. OK, now, how did you find
the money to give them?
Mr. Castaneda: Basically what happens is that...
Mr. Dawkins: That morning, we approved money, right? The morning, the same
morning, you found some money...
Mr. Castaneda: The $150,000, is now from Community Development Block Grant
Fund, that is...
Mr. Dawkins: $150,000, right?
Mr. Castaneda: That is from the General Fund, which you allocated, which the
Commission allocated.
Mr. Dawkins: OK, and we were going to give how much to the Bakery Shop out of
that, the Bakery out of that?
172 December 11, 1986
Mr. Castaneda: No, the $150,000 had nothing to do with the Bakehouse.
Mr. Dawkins: Well, where is that money coming from, then?
Mr. Castaneda: OK, the Bakehouse money, what they are requesting is $54,000
to the City of Miami Community Development program...
Mr. Dawkins: Which you have no money in.
Mr. Castaneda: Well, basically what happens is that we have some monies in
contingencies and you know, you keep asking where the contingency money comes
from, as programs get closed out, money that is left over in the account is
returned to contingency. That happens with administrative budget, with
planning budget...
Mayor Suarez: How much is in the contingency account right now from C.D.
Mr. Castaneda: I believe that about a hundred and some thousand dollars, and
that money keeps fluctuating from year to year, because as we close out
projects, or as months go by...
Mayor Suarez: Some don't use all of the amount that we allocate, then.
Mr. Castaneda: Right, and if you recall, for the social programs, there was a
balance left over which you allocated to other social service programs. Now,
what we are talking about is, balance of a physical projects, not of social
projects, but of physical project.
Mrs. Kennedy: Frank, is this a one time funding?
Mr. Castaneda: What they are saying is that it is, but that is what we said
last time.
Mayor Suarez: Also tell us how you are doing on the rental, Carolyn, while
you are at it.
Ms. Faith Atlas: We are fifty percent rented.
Mr. Dawkins: Give them the money, I mean, I am not against them having the
money. OK, so now, I mean I don't even want to push you.
Ms. Atlas: All right, the reason we had to come back - it is a great
embarrassment to me - there were three factors which caused this problem. One
is, we did not figure in that it would be Federal money. As you know, Federal
monies requires, Davis -Bacon Act requires union wages. We wanted to use
contractors in the community. We weren't able to do that. It added a 30
percent factor to the cost of doing it. We had a major vandalism, and it was
because of Florida Power and Light's not securing the vault. They got in
there and they stole the main feeds which meant that the City of Miami
inspector came in and said you cannot use existing wiring, you have to put in
all new wiring. The third reason was that after the fire in 1945, City Hall
which destroyed all the asphalt drawings, we had to go back and re -measure the
building and figure out where everything is. It set us three months behind in
our time and it cost us more money even though half of the bill is pro bono.
Those were the factors that caused the problem. It is one time funding, it is
just bricks and mortar, this is not for operating costs for any kind.
Mayor Suarez: It is a great project and in an ideal location that might help
us to bring to light two districts that are always in danger.
Ms. Atlas: We are very anxious to work, to do a special project in a part of
the City that has had very little good happen to it.
Mayor Suarez: Besides which, you have got it all rented illegally, which I
like, you know, the fact that you are moving forward aggressively like that,
people working out there.
Ms. Atlas: Well, they are not paying rent until we get ... we have a temporary
C.O.
Mayor Suarez: Oh, that is right, you have got to rent it for free. That is
even more illegal.
173 December 11, 1986
Mrs. Kennedy: As I said before, I think it is a great project, and it is
wonderful for that area and I move to give them the money.
Mayor Suarez: So moved. Do we have a second somewhere?
Mrs. Kennedy: Do we have a second to my motion?
Mayor Suarez: I think that shake of the head was a second. I saw him go like
this - that means he seconded it. I know him. Moved and seconded. Any
discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 86-1020
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO
ALLOCATE AN AMOUNT NOT TO EXCEED $54,000 FROM THE
COMMUNITY DEVELOPMENT PROGRAM AS A ONE TIME FUNDING FOR
THE BAKEHOUSE ART COMPLEX INC.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Suarez: Do you want to present to us the... no thanks?
Ms. Atlas: Thank you, I want to thank you very much, but I do want to tell
you...
Mayor Suarez: No, you can lose your funding.
Ms. Atlas:... I do want to tell you something. That palm tree is in real
trouble. You have got to do something about that palm tree. It is just...
Mayor Suarez: You keep that up, you could lose your funding.
Ms. Atlas: It is just about gone. I've got one, I will replace it.
Mayor Suarez: You can take care of it tomorrow. We don't need any Commission
action on that.
Mayor Suarez: Good by, Helen.
------------------------------------------------------------------------------
63. EXECUTE AGREEMENT WITH VOLUME
SERVICES
INC. FOR
CONCESSION
OPERATIONS AT
ORANGE BOWL STADIUM AND MIAMI
BASEBALL
STADIUM.
(See label
#17).
------------------------------------------------------------------------------
Mayor Suarez: Item 55, you have got a recommendation based on the instructions
given to negotiate?
Mr. Odio: Yes, sir, I would like for them to present what they have proposed
to the City?
Mayor Suarez: You are going to guarantee how much up front, the first year?
Mr. Odio: Sir, will you address the Commission, please?
Mr. David Scoco: My clock is on two hours. How is it running now?
174 December 11, 1986
Mayor Suarez: Your waiver is still in effect.
Mr. Odio: Go ahead and explain what you are proposing.
Mr. Jack Eads: I think they should make a proposal for the record to us.
Mayor Suarez: Yes, please. Somebody, anybody. Tell us.
Mr. Scoco: The proposal of Volume Services is now guaranteeing to the City
the first year of the contract $675,000. In the remaining years of the
contract, the rental will be 85 percent of the prior year's actual rent, for
$500,000, whichever is greater.
Mayor Suarez: Never to be less than $500,000.
Mr. Scoco: Never to be less than $500,000.
Mr. Eads: We recommend that to you.
Mr. Odio: We recommend that.
Mayor Suarez: We recommend that? It was recommended initially, now more
recommended so, I don't think there is any problem with it.
Mr. Plummer: Mr. Mayor, I also have another matter to bring up on this, but
you are talking about now, let's understand, $675,000, minimum guarantee the
first year.
Mr. Scoco: Right.
Mr. Plummer: The following years thereafter, $500,000, or 85 percent of the
previous year's receipts.
Mayor Suarez: The previous year's minimum rent.
Mr. Plummer: No, it is not rent.
Mr. Scoco: No, it...
Mr. Plummer: No, no, no, receipts.
Mr. Scoco: For example, if I may give you an example. If the sales are, in
the first year, $2,000,000...
Mr. Plummer: Yes.
Mr. Scoco: The City's percentage share will be $842,000.
Mr. Plummer: Right.
Mr. Scoco: The minimum rent, in year two, will be the greater of $500,000, or
85 percent of $842,000, which will be $716,000, an increase.
Mayor Suarez: That is 85 percent of the City's share of it, which, you can
call it rent, if you want to.
Mr. Plummer: But, it is not rent.
Mr. Scoco: Rent is a terminology for us.
Mayor Suarez: Well, call it whatever you want.
Mr. Plummer: It sounds like a good deal to me.
Mayor Suarez: Just vote on it, please.
Mr. Plummer: Now, this is just the concessions as to food and beverage,
nothing else, not souvenirs, not parking, not advertising, just food and
beverage. Do we still retain quality control?
Mr. Odio: Yes.
175 December 11, 1986
Mr. Plummer: What about the prices?
Mr. Odio: Yes.
Mr. Plummer: We control prices?
Mr. Odio: Yes.
Mr. Plummer: OK. I will move the item.
Mrs. Kennedy: Second.
Mayor Suarez: So moved. Second, somebody?
Mrs. Kennedy: Yes, I did.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1021
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND WHICH SHALL BE SUBSTANTIALLY IN ACCORDANCE
WITH THE REQUEST FOR PROPOSALS AND THE ATTACHED PROPOSAL,
AS MODIFIED, BETWEEN THE CITY OF MIAMI AND VOLUME
SERVICES, INC. FOR CONCESSION OPERATIONS AT THE MIAMI
ORANGE BOWL STADIUM AND THE MIAMI BASEBALL STADIUM FOR A
PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO EXTEND THE
CONTRACT FOR ONE ADDITIONAL FIVE-YEAR PERIOD.
(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
64. PLACE A DIAMOND VISION SCREEN IN THE END ZONE OF THE ORANGE BOWL ON
ORANGE BOWL GAME DAY.
Mr. Plummer: Mr. Mayor, I've had a request from the joint of the Orange Bowl
Committee and Mr. Sanchez. There is a request that the possibility be allowed
that the Diamond Vision screen - are you familiar with that, Mr. Mayor? -
that is that huge tremendous like replay screen, be allowed, which Mr. Sanchez
has a franchise, to be allowed to be used in the Orange Bowl for one day in
the end zone and he would have to put up the expenses, and he would have to
sell the advertising.
Mayor Suarez: Is that as a test, to show how it works?
Mr. Plummer: No, sir. I think they want it for nationwide exposure, is what
they want. It is a humungous screen. Now, I would like to say that we
approve the use of that, because we have no conflict with the present
concessionaire, who is out on the 31st, and...
Mayor Suarez: For one game?
176 December 11, 1986
Mr. Plummer: Excuse me?
Mayor Suarez: For the next game?
Mr. Plummer: For a single game, yes, sir.
Mayor Suarez: Which game is that?
Mr. Plummer: The Orange Bowl day game, and that we send it with our approval
for the Manager to negotiate a return to the City and a control over the type
of advertising.
Mayor Suarez: Do you want to leave that to his discretion?
Mr. Plummer: Well, I...
Mayor Suarez: You want to make that into the form of a motion?
Mr. Plummer: Yes, sir I will make that into the form of a motion that we the
Commission approve the allowance of it, and that the Manager will work out the
details.
Mayor Suarez: In principle, and he will work out the returns, you say?
Mrs. Kennedy: Yes, 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. 86-1022
A MOTION GRANTING REQUEST RECEIVED FROM MR. RALPH SANCHEZ
AND AUTHORIZING THE PLACEMENT OF A DIAMOND VISION SCREEN
IN THE END ZONE OF THE ORANGE BOWL ON THE ORANGE BOWL GAME
DAY; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE WITH
MR. SANCHEZ A FAIR RETURN TO THE CITY AND THE CONTROL OF
THE ADVERTISING.
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
65. DISCUSSION CONCERNING NATIONAL BODYBUILDING CHAMPIONSHIPS.
Mayor Suarez: Agenda item 66. Representatives of the National Physique
Committee of the U.S.A., to request funds for the Women's and Mixed Pairs
National Bodybuilding Championships. Where is Ron?
Mr. Odio: Mr. Mayor, we recommend denial of the request for funding of
$15,000. We consulted with the Department of Conferences and Conventions, and
they have advised that this event is held in order to generate a profit for
the organization, and besides we have a policy of no funding for any of these
events, therefore we recommend that we do not support this.
Mr. John Carmese: Good afternoon, Commissioners. My name is John Carmese,
and I am a Dade County C.P.A., and I have lived here for approximately 43
years. I am a member of the National Physique Committee of the U.S.A., Inc.
which is the controlling organization for amateur bodybuilding in the United
177 December 11, 1986
States. I am also a member of the organization that is trying to bring the
competition, the top amateur competition for women and mixed pairs and in
Grand Prix event, back to Miami in 1987. The benef it to Miami, the City of
Miami, in helping me with some advertising, such as Sports Illustrated, would
be that we would promote minority participation. It would be a positive image
for our City. It would emphasize youthful young people competing in an
athletic event. There would be an increased activity in the number of hotel
rooms and meals served in the downtown area. Last year at the event, we had
over 1,000 rooms that had been sold, and also, there would be advertising time
available on ESPN, available at no cost to the City of Miami. There is
available time currently that could be used on the 1986 event, which is being
currently shown on ESBN, which the City could, at its discretion, put whatever
type of advertising they would prefer.
Mayor Suarez: This year's event was held at the James L. Knight, was it not?
Mr. Carmese: Yes, sir, and many times...
Mayor Suarez: Was it televised? Was it televised?
Mr. Carmese: It was televised in ESPN, and already it has been shown an
average of three times in the month of October and November, and it is
scheduled a couple more times for December.
Mrs. Kennedy: Where do you hold the event?
Mr. Carmese: At the James L. Knight Center, and that has been promoted
numerous times in the telecast. It said, Miami Florida, James L. Knight
Center, on the TV telecast. There is available TV time still for the rest of
1987, if they are going to show the event, for the City of Miami to benefit
for advertising, for whatever purpose they want to use, I'll be glad to share
that with them, or, and televised time when we get the new contract from ESPN
for the 1987 event.
Mrs. Kennedy: Mr. Manager, what is your recommendation?
Mr. Carmese: Throughout the whole...
Mr. Odio: We are recommending against funding of this program. They are a
for profit organization, and we have enough funding policy as this time
anyway. We allocated all the funds that we had.
Mr. Carmese: Throughout the advertising and promotion of the event this last
year, we stressed the "meet Miami" theme. Eastern Airlines was a sponsor last
year and they have come along to join us and to help us sponsorship this year
I pretty much funded the whole thing myself last year, and to make it bigger
and better and help promote Miami even more, I need a little bit of assistance
to help with the national media advertising.
Mr. Plummer: Absolutely not. I am totally opposed to that.
Mayor Suarez: Have you tried with the Greater Miami Visitors and Convention
Bureau? Has Ron suggested that to you? They had a sudden change in their
executive director in the last couple of days. You ought to see how there...
I don't think their marketing committee ever met. This is the organization
that is supposedly going to promote these kinds of events and take portions of
their 46,000,000 budget to do so, and the marketing committee within that
organization is supposed to make those determinations. It is a county wide
organization, only we don't ever seem to get much result out of referring
people over there, I have to warn you, but in case the Commission should not
see fit to give you any funding, you should try them, and there is no doubt
about the worthwhile aspect of the project. We are typically not giving any
more monies for anything like this, including to non -profits, let alone to a
profit making event, that is the problem. That has been the policy of this
Commission, slight exceptions for waivers and so on, but not typically, and
then for, you know, community wide, typically nonprofit organizations, almost,
I guess, in every case nonprofit, never for profit. Thank you for your
presentation.
178 December 11, 1986
i
------------------------------------------------------------------------------
66. DISCUSSION CONCERNING CLAUGHTON ISLAND AFFORDABLE HOUSING SITES.
------------------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, I have item 80, and the gentleman says he has to
catch a plane. Could I move item 80 now, please?
Mayor Suarez: Yes, proceed.
Mr. Dawkins: OK, where is he?
Mayor Suarez: Maybe he caught the plane alreadyl
Mr. Dawkins: Maybe he did. Jerry, I am bringing up the item. Where is the
gentleman who has got to catch the plane?
Mayor Suarez: Is that man you are talking about, East Little Havana
Development?
Mr. Dawkins: Yes.
Mayor Suarez: I see him back there.
Mr. Dawkins: Come on up, Mr. Pitts.
Mayor Suarez: And Otis.
Mr. Dawkins: My only concern is that these houses were promised in 1985, and
here it is almost 1987, and all I need to know is, who is holding the
developers up, and if there is anything I can do to help them expedite it,
that is all I need to know.
Mr. Otis Pitts: Well, I am happy to report to the Commission that we will
start - our proposed construction start date is January 25th, or sooner.
Mr. Dawkins: 25th of what?
Mr. Otis Pitts: January, or sooner.
Mr. Dawkins: January, OK, and the completion...
Mr. Plummer: Wait, wait, what do you mean, the start? Are you breaking
ground?
Mr. Pitts: Yes, sir.
Mr. Plummer: You have got all of your bids are already awarded?
Mr. Pitts: We put our bids out on the street. They came in on the 8th. We
have all our financial commitments have been made from all the lending
institutions.
Mr. Plummer: Do you have all your permits?
Mr. Pitts: We have all our permits.
Mr. Plummer: You have your total financing package?
Mr. Pitts: Total financing.
Mr. Plummer: Then you are ready?
Mr. Pitts: Yes, sir.
Mr. Dawkins: Thank you, Mr. Pitts.
Mayor Suarez: How about East Little Havana? Thank you, Otis. East Little
Havana? Only need one to tell us.
Mr. Dawkins: That's right.
179 December 11, 1986
Ms. Maria Elena Frio: Good afternoon. Do you want me to go item by item that
you requested?
Mr. Dawkins: I need to know when you are going to break ground, and what you
need, if you don't have it. That is all I need. I don't need item by item.
That is all.
Ms. Frio: March of 1987, breaking ground. The sales office is scheduled to
start in January, but breaking ground...
Mr. Dawkins: March of 1987? Why - now these houses were due in February of
1985. You are not going to break ground until March of 1987, which means these
houses will not be completed until 1989.
Ms. Prio: Commissioner Dawkins, we didn't get approval until May of 1987. I
don't understand how the houses could have been finished in 1985, when we
didn't get approval for the project.
Mayor Suarez: May of 1986.
Mrs. Kennedy: May of 1986.
Ms Prio: Well, May of 1986 we got approval of the disbursement schedule. I
had understood him to say that they were...
Mayor Suarez: How is your financing package, now?
Ms. Prio: The financing package, we have a commitment letter for the end loan
and we also are expecting another commitment for a bank from Barnett Bank
tomorrow, and from Intercontinental Bank on Monday. We already have one
commitment letter. We expect...
Mayor Suarez: Why can't you break ground after that?
Ms. Prio: Well, we have to do the bidding and the selection of the contractor
and were required, at our last meeting, to follow City bidding procedures.
Mr. Plummer: Exactly.
Ms. Prio: Correct.
Mr. Dawkins: OK, thank you.
Ms. Prio: Thank you.
Mr. Plummer: And also, I want to remind you that not only were you to follow
City bidding procedures, but you were to expose those to this Commission.
Ms. Prio: That is correct.
Mr. Plummer: Mr. Pitts, I want to remind him of that. Is Otis Pitts still
out there?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Tell him I would like to see him. Mr. Pitts, I want to remind
you that you are to go through, or you did go through normal City bidding
procedures, and we are to see copies of all of that.
Mr. Pitts: OK, sir.
Mr. Plummer: Who is your contractor?
Mr. Pitts: The contractor is not been selected yet. We consulted with the
City legal staff, administrative staff, in putting together the entire bid
package.
Mr. Plummer: You have not selected your contractor?
Mr. Pitts: The final selection has not been made, we have had four responses
to the package.
180 December 11, 1986
Mr. Plummer: Are any of the four minorities?
Mr. Pitts: Yes, I believe one of them is, in fact.
Mr. Plummer: Any of them local?
Mr. Pitts: All of them are local.
Mr. Plummer: Good. Thank you.
Mayor Suarez: Thank you, Otis.
Mr. Dawkins: You mean we are building a development in Liberty City without a
minority contractor?
Mr. Plummer: No, he said there is one.
Mr. Dawkins: No, no, but he didn't say he had chosen him. See, you are going
to put words in my mouth!
Mr. Plummer: No, he said they hadn't chosen...
Mr. Dawkins: OK, no problem. I just wanted to know - what I am saying is
what I hear, OK? OK, where is the gentlemen who is supposed to speak for
Vizcaya?
Mr. Hernando Carillo: My name is Hernando Carillo, 338 Minorca, Coral Gables.
Mr. Dawkins: You got to catch a plane off of Coral Gables?
Mr. Carillo: No, I am telling you where my office is.
Mr. Dawkins: OK.
Mr. Carillo: I have the construction commitment, the financing secured, I
mean, and I'll apply for permits to the City were on January 15th, and I will
be able to initiate construction around February 15th.
Mr. Dawkins: February 15th, and complete them, when?
Mr. Carillo: It will take me eleven months to build the buildings.
Mr. Dawkins: OK, thank you.
Mayor Suarez: Thank you.
Mr. Plummer: And you are under City bidding procedures also?
Mr. Carillo: No, I am not.
Mr. Plummer: Why not?
Mr. Carillo: Because the City didn't put up any money.
Mayor Suarez: That was not a requirement of the three way distribution.
Mr. Plummer: You are right, I remember.
r
67. ALLOCATE $5,000 FOR 1986 MIAMI CONGRESSIONAL WORKSHOP.
Mayor Suarez: Item 67, Tom Travis. He has been around here. There he is.
Mr. Tom Travis: Thank you, Mr. Mayor, my name is Tom Travis, and I am here
today representing the 1986 Miami Congressional Workshop, requesting funding
for our workshop. This is the third year that we have held the Congressional
Workshop. Mr. Mayor, you participated last year in the workshop. It is
closely patterned after the successful Harvard workshop for incoming
congressmen. This is for sitting congressmen, and we have a unique focus,
which is specialized for Miami. It has to do with Western Hemisphere
political, economical and social issues. The types of issues we discuss are
Latin American debt, East/West security issues, trade, security issues,
investments, narcotics, immigration, every one of these issues impacting us
here in this Miami community. Obviously, Federal policy affects these issues
greatly. We can't affect it as a City, or as a community.
Mayor Suarez: How did you fund it last year, Tom?
Mr. Travis: Very good, very good.
Mayor Suarez: How did you fund it?
Mr. Travis: How did we fund it last year? Excuse me. We funded it mostly
with private contributions, some from the County and some from the City.
Mayor Suarez: The Chamber wasn't involved?
Mr. Travis: The Chamber is one of the organizing sponsors. As such, they
assist us in collecting mony from the private sector - The Greater Miami
Chamber, the International Center and both universities. In addition to that
Mr. Mayor, I might add that in terms of Miami's image, which is most important
as well as in combatting some of the negative publicity we have had in the
national press. We have submitted to you previously letters from the various
congressmen who attended, stating that indeed, their image of Miami had
changed, and changed for the better. Finally, with respect the legislative
contacts which are available for members of the community with these
congressmen, these congressmen sit on all sorts of different committees,
having jurisdiction over funding, jurisdiction over legislation affecting
international affairs and sometimes domestic affairs as well, which can be
used to enhance our particular causes in Washington.
Mr. Odio: Mr. Mayor, we are recommending against it. Last year we did put up
some money. The City wasn't even listed as a sponsor.' Everybody got listed
but us, in spite that we put City of Miami taxpayer's mony. The event will
not be held within the City limits. We feel that somebody else should carry
the burden. We have a no funding policy anyway, and no money.
Mr. Travis: Mr. Mayor, I have the report of last year's conference, and as
you will note, you were listed as a sponsor here... (INAUDIBLE, OFF
MICROPHONE)...
Mr. Odio: That is not what it says in the letter. Commissioner Dawkins...
Mr. Travis: In addition, Mr. Mayor, in the State of the City brochure for
1986 on page 11, it is listed once again.
Mr. Odio: That is our brochure.
Mr. Travis: Yes, I know.
Mr. Odio: We made sure we got in there. We made sure we put it in.
Mr. Travis: We made sure you got in there too, if you look inside that
brochure and see all the different newspaper articles that list Miami.
Mayor Suarez: How many congressmen do you have signed up for this year?
182
December 11, 1986
Mr. Travis: We have sixteen so far this year, plus the local congressmen who
are all participating as well.
Mr. Plummer: How much are you asking for?
Mr. Travis: $10,000.
Mr. Plummer: Where is this being held?
Mr. Travis: It is being held this year at the Fontainebleau.
Mr. Plummer: How much did you get from the Beach?
Mr. Travis: We are appearing before the Beach December 17th, asking for
money. We have not gotten a commitment yet from them.
Mr. Plummer: How much did you get from the County?
Mr. Travis: $15,000.
Mr. Plummer: How much did you get from the T.I.C.?
Mr. Travis: Nothing. The rest is from private sources.
Mr. Plummer: Did you apply to the Tourist Industry Council?
Mr. Travis: I think we did. No, we did not. Also appearing in support of
this is Bob Traurig, representing the G.M.C.C.
Mr. Robert H. Traurig: I would like to add as vice-chairman of the Chamber of
Commerce the committee headed by Tom has performed admirably over a period of
years, and the results, we think, are very gratifying. It makes Miami the
focal point for discussion regarding Inter -American relationships. It makes
Miami the focal point for congressional relationships with those countries and
we believe that the benefits, if you look across benefit ratios, that the
benefits are very, very, substantial. The alumni who had been here, that is
first year congressmen and senators in prior years, are now aware that Miami
is the heart of the relationships between North and South and Central America
and we believe that it is a positive image, it helps us in trade, and it helps
us in congressional relationships. Seventy percent of the money which has
been earmarked for this program is privately granted money and we would urge
the City to continue its prior commitment to this by an additional $10,000
this year.
Mr. Travis: If you would like, Mr. Mayor, we have a number of the quotations
and letters from the congressmen talking about what they got out of the
conference, but we have highlighted the comments about Miami. One of the
comments: "I have an enhanced perspective on the Miami area and its role and
relationship to and with the Caribbean and Latin America. I came away with a
deep understanding of the politics of Miami's central roll and its importance
as a gateway to Latin America.
Mr. Plummer: But, Tom, you didn't put it on here, your letterhead!
Mr. Travis: No.
Mr. Plummer: You listed here the sponsors: The Greater Miami Chamber, The
University of Miami, Florida International, The International Center of
Florida. You say to the world, those are your sponsors!
Mr. Travis: No, no! That is part of what we say to the world, J.L. We also,
accompanied that letter with all the corporate sponsors, the people who had
given donations are listed separately. These sponsors here, the coordinating
groups...
Mr. Plummer: How much do you get from the Chamber?
Mr. Travis: The Chamber does not itself give dollars. They do provide some
staff...
Mr. Plummer: Why not? They have got them!
183
December 11, 1986
Mr. Travis: They do provide some staff, significant amount of staff.
Mr. Plummer: No, but I mean, the Chamber has got money. Bob, why doesn't the
Chamber donate to this?
Mr. Traurig: Well, the Chamber gives in -kind services through a very
substantial allocation of staff, but it also serves as the catalyst for the
raising of the money, and for the handling of the program, and just so that
you understand the kind of private commitments, we have got them from Exxon,
Cordis, Dow Chemical, Roehm and Naas, Key Pharmaceutical, American Express,
Barnett Bank, Texaco, Knight-Ridder, General Electric, Bank of America, City
Bank, NCL, Chase Manhattan and so forth, so it is a very impressive cross
section of the corporate community here in Miami, and we feel that there are
very great benefits derived by this community. I think that the criticisms
that you make are valid. I think that the City of Miami ought to have a
prominence in all of the literature, and all of the discussions and I think
that if it hasn't been so identified as a very important sponsor, a mistake
has been made and it should be corrected and not repeated.
Mayor Suarez: It is a little bit like having seventeen congressmen being
lobbied at the same time, by having them being in our City, and if you compare
that to the budgets that we have for lobbying in Washington and in
Tallahassee, it compares rather favorably.
Mr. Travis: Well, you elected officials are the best representatives for that
lobbying, and it is a good opportunity. We have invited you in the past and
we will invite you again.
Mayor Suarez: So we not only have to fund it, you are saying, but we also
have to attend, huh? I can see it cutting into my little planned vacation.
When is it, on the 27th or the 28th that you have it?
Mr. Travis: 28th, 29th and 30th.
Mayor Suarez: What's the Commission's pleasure?
of what you are asking so it won't die, $5,000,
Manager's authorization without our approval.
Mr. Plummer: Is there a second?
Mrs. Kennedy: Second.
Displeasure? I'll move half
which is roughly the City
Mr. Plummer: Is there discussion? Hearing none, call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 86-1023
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $5,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE 1986 MIAMI CONGRESSIONAL WORKSHOP TO
BE HELD DECEMBER 28-30, 1986 CONDITIONED UPON THE
ORGANIZERS HOLDING NEXT YEAR'S EVENT IN THE CITY OF
MIAMI; SAID ALLOCATION BEING FURTHER 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 Dawkins, the resolution was passed
and adopted by the following vote-
184 December 11, 1986
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: Can I make the proviso that that be a matching money from Miami
Beach, where the event is being held?
Mr. Dawkins: I'll accept that amendment, if the maker of the motion will.
Mayor Suarez: Well, you cut it in half already. If...
Mr. Plummer: Yes, but I mean, you know, they are deriving all the direct
benefits.
Mr. Travis: No, they are not.
Mr. Plummer: I am just merely asking the question. I think it is only fair.
Mrs. Kennedy: I don't know, Mr. Mayor, you are the maker of the motion, but I
don't think it is fair.
Mr. Dawkins: I will tell you what, I will let you off the hook if you promise
to hold the next one here next year, in the City of Miami at the Hyatt.
Mr. Plummer: That's fair. Then I will vote yes.
Mr. Dawkins: Instead of going to Fountainbleau have one over there in ...
Mr. Travis: Is that for the full $10,000, then, for next year?
Mr. Plummer: Yes.
Mayor Suarez: We would probably go for the full $10,000 if you have it here.
Mr. Travis: Well, will it go for the full $10,000 for this year is what I am
saying?
Mr. Plummer: No, $5,000. I vote yes.
Mr. Dawkins: Well, I am going to take my $5,000 back if you don't say you are
going to bring it here from the Fontainebleau next year, I mean, come on, give
me a break, Tom!
Mr. Travis: OK.
Mr. Dawkins: OK, all right.
Mr. Travis: We will be back, through, earlier this time.
Mr. Dawkins: OK, by all means, then we have got to help you more next year,
Tom.
Mr. Travis: You have got to help me get some rooms too, because this time of
year we have had real difficulty getting rooms here in Miami for this event.
Mayor Suarez: That is good news.
Mr. Travis: Well, it is good news in general, it is tough for us.
Mr. Traurig: It is right in the middle of Orange Bowl week, so it is very
difficult.
Mr. Dawkins: Tell you what, right at the first of the year, you sit down and
give me dates and then...
Mr. Travis: I'm sorry, I can't hear you.
185 December 11, 1986
Mr. Dawkins: At the first of the year, let's sit down and lock up the rooms
and know what we're going to do, ok?
68. FORWARD TO PLANNING AND ZONING BOARDS TWO PROPOSALS FOR AFFORDABLE
HOUSING ON MELROSE NURSERY SITE.
Mayor Suarez: Agenda item 69.
Mr. Jerry Gereaux: On October loth I appeared before the City Commission to
discuss the Melrose Nursery site. I'll give the Commission background on that
site, and request that the site be designated for use as affordable low
density townhome development. Use of the site, which we feel is in the best
interest of stimulating economic growth in the neighborhood in preserving the
investments in the homes of the people who have homes right around the site.
Mayor Suarez: Jerry, in your presentation, would you also make reference, or
when you complete it, as to 69, to item 29, which dealt with the Civic Center,
because I don't see why we should deal with the two sites in any different
way, and I believe that was the Commission consensus before, that we should
decide how to build on these, and we have a proposal on that site too.
Mr. Gereaux: OK, I'd like to take the sites one at a time, though, and go
through them.
Mayor Suarez: Yes, that makes sense.
Mr. Plummer: Well, may I ask Jerry first, because I asked a question before
and it might or might not totally put us in or out of the picture. My concern
is, can this Commission circumvent the norm of competitive bidding and award
on a direct basis? Madam City Attorney, I asked for that before. I am
concerned about that, because in the past, the norm has always been that we go
through a competitive bidding process to try to get the best deal. Now, we
can we circumvent?
Mrs. Dougherty: You cannot circumvent competitive bidding processes, unless
there is an emergency, and a valid public emergency, but this particular piece
of property is owned by the County, is that correct?
Mr. Gereaux: That's correct.
Mayor Suarez: Does that apply to the other one too?
Mr. Gereaux: Yes, it does.
Mayor Suarez: Civic Center site?
Mr. Gereaux: Yes, it does.
Mr. Plummer: So, owned by the County...
Mr. Gereaux: It is owned by the County. The City - due to the source of the
funding that was used to acquire the site initially, in the original
validation judgment, without getting into a lot of technical language, was
required that the County acquire the site on behalf of the City and that title
to the site be vested in the County, and only the County can vest title to
that site. Now, the unique situation here, is that unlike the City, the
County can vest title to the property in a non profit to a non profit
organization, which is engaged in a project that is deemed to be of public
use.
Mr. Dawkins: i.e., the Shell City site and the site that we just spoke of,
right?
Mr. Gereaux: That is an example.
Mr. Plummer: Then, when what are they even doing here? Why are they here
then?
186 December 11, 1986
Mrs. Dougherty: Under our contract.
Mr. Plummer: They the Plumber's Union which is the thing in front of us.
Mr. Gereaux: OK, I was getting to that, Commissioner. During the discussion
in October, our proposal was introduced, that was sponsored by the Plumber's
Local and the local Pension Trust Fund. At that time, Commissioner, you had
some concerns about the proposal in that that proposal did not provide any
repayment to the City for its initial investment in the land. Now, if you
asked the representatives of the Plumber's Local and the Pension Fund to come
back before the Commission to present a proposal, that proposal needed to
include repayment to the City for the land, and those representatives are here
and I would like to let them make their presentations for your consideration.
Mr. Plummer: All right, let me understand.
Mr. Gereaux: Sure.
Mr. Plummer: The name of the property is in Dade County.
Mr. Gereaux: Yes.
Mr. Plummer: But, they use City dollars acquire.
Mr. Gereaux: That is correct.
Mr. Plummer: They still hold control as to who the investors will be
interested in?
Mr. Gereaux: They would have to convey it, OK. Part of the agreement, the
cooperation agreement that dealt the original source of acquisition money
requires that they have to convey that site at your request, OK?... but they
can convey it directly, but it has to be to a nonprofit organization that is
engaged in a project of public benefit, such as affordable housing.
Mrs. Kennedy: Jerry, who is going to be developing this? Who is the
developer?
Mr. Gereaux: Well, I think that that is what we are here to discuss today.
This proposal is being submitted and was originally discussed on October loth
by the Plumber's Local and the Pension Trust Fund and these gentlemen are here
today, I'd like to introduce to you Mr. Richard Sox, who is going to make
their presentation.
Mayor Suarez: Just so I have an idea, so the Commission has an idea, how many
people are here to be heard on this item 69, or the Civic Center item 29,
would you please raise your hands? I see, OK.
Mr. Richard Sox: At the meeting in October, it was asked that we come back
and give a presentation as to basically, how the City would be able to recoup
some of the land cost that you have invested it at. Before I go into that,
I'd like to give a quick overview of what the proposal is for the site, as one
alternative. This basically is a public, private type venture. We'd form a
nonprofit organization that would be responsible for developing and delivering
the units to the end buyers. If I could, the property that we are speaking of
is bounded by 27th Avenue, 25th Avenue, 26th Street and 28th Street. Our
proposal would call for 160 units. We didn't want our density to be so high
that the individuals would not have, for example, a play area, or any greenery
in this area. Basically, there would be 18 one bedroom, one and one-half bath
units, 113 two bedroom, one and one-half bath units, and 29 three bedroom, two
and one-half bath units. This is a general configuration of the site that we
would be proposing.
Mrs. Kennedy: Can you give us the square footage of these same models?
Mr. Sox: Yes, I am going to go into that right now. The 18 one bedroom, one
and one-half bath units would have 780 square feet. The intent of this is not
to build little square boxes for these folks. We are trying to develop home
ownership for a low to moderate income area. The idea is these people will
have a townhome and they will have ownership of it, via an association would
also be developed to maintain the property. The one bedroom, one and one-half
187 December 11, 1986
•
•
bath would be 780 square feet, excluding a 15 foot storage area that each unit
would have available to it us. The two bedroom, one and one-half bath units
would have a total of 1,071 square feet, and the three bedroom, two and one-
half bath units would have a total of 1,364 square feet. In each case, the
master bedroom would approximate 12 by 14 square feet. Again, the idea is not
to have little 6 by 8 bedrooms. The frontal elevation of the property would
resemble this. We would have a berm essentially built around the entire
property, with heavy foliage on the parameter area in essence to give the
folks that would own these units privacy and some quiet from the traffic in
the area. As I pointed out in the earlier one, we have the center area, which
would be designated as a recreational area, playground area for kids that may
be involved, for folks who may want to take a walk within their own
development, and we would have one primary entrance off of 28 Street, with an
emergency entrance and exit off of 25 Avenue. There would not be an entrance
off of 27 Avenue, due to the heavy volume of traffic in the area. The
question that arose at the last Commission meeting, was how do we acquire, or
re -acquire for the benefit of the City the land cost that has been involved in
this. The breakdown on the cost per unit, and the type of financing that we
have been able to arrange, number one, the Pension Fund, would fund the
construction of the project. We have already taken care of that. The income
level that would be required for a person to purchase a one bedroom, one and
one-half bath unit, would depend on the amount of money that the City desires
to recoup in the land cost. The City has roughly $2,400,000 invested in this
property. Depending on the percentage that the City recoups for example, if
you said, I want to retrieve 50 percent of those dollars, or $1,400,000, the
land cost associated with each unit would be $7,500. If you went to 75
percent, said I want to recoup 75 percent of the dollars, the land cost would
then be $11,250 per unit. If you exclude the land cost for the moment, the
units on a one bedroom, one and one-half bath, would cost approximately
$32,600. A two bedroom, one and one-half bath, would cost $44,500, and a
three bedroom, two and one-half bath would cost $56,600. Again, without
knowing what the City's desires are as to the exact percentage of dollars that
you want to retrieve out of this project from the land reimbursement, a
moderate family income, which is the folks that we have targeted to in this
area, the amount of income required for them to be able to afford a one
bedroom, one and one-half bath townhome, would be approximately $15,000 a
year, and this is gross family income, to be able to afford a two bedroom one
and one-half bath townhome, the income required would be approximately $17,000
and to be able to afford a three bedroom, two and one-half bath townhome, the
income would be approximately $20,000. The reason that it is that number as
vs. being a higher number, is we have been working with the City to provide
secondary financing from the surtax board, which I understand that we do have,
and that amount basically will allow people, instead of having a first
mortgage that would approximate 95 percent of the total cost of the unit, they
would have a first mortgage that would approximate 50 percent of the cost of
the unit. The big advantage of that of course is that under the surtax and
the repayment on the surtax, the initial feeling is that the folks would only
be paying $25 a month on the second mortgage which would be provided by the
surtax board. Now, if the City - the real point of discussion from the last
meeting was how much of the land cost does the City desire to recoup.
Mayor Suarez: How large is that second mortgage going to be? What is the
maximum under the surtax rules? Is that $25,000?
Mr. Sox: No, we can go up to $30,000.
Mayor Suarez: Can go up to $30,000?
Mr. Sox: On the surtax, on the second. As a matter of fact, we can actually
go to $33,000, because we do have it plugged in that for the three bedroom, it
would be $33,000 second, and they would have a $33,100 first. The real
question becomes at what point and at what percentage of the land cost does
the City desire to recoup and that has an effect on the income stream required
by the proposed or potential purchasers of the units, as to how much money
they will have to make. If you go for zero percent, they would only, in the
case of a two bedroom house - and I'll use the two bedrooms since that is the
predominant number of units - the individuals would require an income of only
$12,700. If you require a 50 percent reimbursement of the land cost, the
individuals would be required to make $15,500; 75 percent would be $17,000.
Mayor Suarez: Do we see those here in the options? And they are home
ownership, as opposed to what we thought we were going to have to do with
188 December 11, 1986
those housing bonds that were approved by the voters in 1976, I think it
was?... which we thought they were going to require that any project we built
with them would be rental. Good thing that we got around thatt Counselor?
Mr. Simon Ferro: Mr. Mayor and members of the board, my name is Simon Ferro,
attorney with offices at 999 Ponce de Leon Boulevard. I represent the
Allapattah Business Development Authority and two private developers who would
also request to make a presentation on a development that we are proposing for
the same site, and we have basically the same kind of exhibits and the same
kind presentation that the first proponent does have, and we have very
competitive figures, if not, we believe, better, and a better product, so I
believe we are the only two representatives that are here tonight making a
request to the City to acquire that site for low income housing development.
Mayor Suarez: Why don't you give us a quick presentation, highlight basically
anything that is different in your project from theirs.
Mr. Ferro: Well, we have not made a minute analysis of their project, so I am
not prepared to do that, I am prepared to make a presentation on our...
Mayor Suarez: Well, I thought you were saying that you had a similar
presentation.
Mr. Ferro: The Allapattah Business Development Authority, the exact name is
A.B.D.A., is a nonprofit Florida corporation, which is recognized by the
County and by the City of Miami as a community development corporation, or a
C.D.C. They would be the nonprofit corporation that would acquire title to
this property and they would joint venture with two private developers, Mr.
Armando Cazo and Mr. Hector Pajes to develop that site. We have prepared for
you a package. You have before you a package of the materials, including
references of the two developers of the C.D.C. You have a full package of the
financial transaction as we would want to structure it, of the cost per square
foot of the sales price and of every other financial aspect.
Mayor Suarez: How does it differ assuming that you don't have to return
anything to the City for a land acquisition? What does it come out to? What
is your purchase price?
Mr. Ferro: Well, we have prepared three options and these three options deal
with the amount of land cost the City would like to recoup.
Mayor Suarez: Right, just like theirs, OK.
Mr. Ferro: Just like theirs. We have option number one, which is a no land
cost, assuming that the City would basically donate the land to the C.D.C.
Mayor Suarez: You are looking at sale price of $29,995?
Mr. Ferro: We are looking for - first of all, there is a major difference
between our project and their project. We have a total of 240 units that we
are developing vs. 160 on their development, and we believe this is a very big
advantage in an area that needs low income housing and as far as we are
concerned, that site was approved for 426 rental units several years ago, so
the 80 additional units, not only help the City recoup its cost of land if it
so desires, but also affords additional, a larger number of low income units
in that area. So, we have 240 units that we are presenting. Unit "A" is a
one bedroom, one bath; units "B" and "C" are two bedroom, two baths; and unit
"D" is a three bedroom, three bath. We have 60 units for every category, 25
percent of the units are the one bedroom, 50 percent are the two bedrooms and
25 percent are the three bedrooms. Going back to the option number one,
assuming there is no land cost back to the City, the construction cost of unit
"A" would be approximately $28,000 with a sale price of $29,000, close to
$30,000. The total monthly payment, including principle, interest, taxes,
insurance and the like would be $187. Unit "B" would be $265, with a purchase
price...
Mayor Suarez: You don't have to tell us that because that will be
substantially the same as theirs, if the purchase price is substantially the
same. We are...
Mr. Ferro: Well, we - again, I believe that their assumptions are based on a
75 percent land payback.
189 December 11, 1986
i
Mayor Suarez: No, they have one with no payback at all. That is the one I am
focusing on to be able to compare it with yours. -
Mr. Ferro: OK, our second option, again...
Mayor Suarez: That pushes everything out.
Mr. Ferro:... obviously with 50 percent land...
Mayor Suarez: Right.
Mr. Ferro:... payback would be higher in terms of the unit prices, the
construction cost would always remain the same, with the exception that you
would have to add with a 50 percent land cost recoup a $5,000 per unit release
price to the City. The way we would structure this transaction with the City
would be, we would purchase the land. Dade County would deed the property to
the C.D.C. The City would take back a purchase money mortgage, note and
mortgage for the amount, and there would be release prices per unit that would
be paid back to the City as the units are...
Mayor Suarez: In what position would that be, as far as all of the mortgages
in front of it? I guess you would have...
Mr. Ferro: It would only be subordinated to one...
Mayor Suarez: You have got the surtax and the first mortgage.
Mr. Ferro: No, no, the City would be paid back at the closing of each
transaction for whatever cost breakdown per unit. In other words, there is a
release price. The City would have a mortgage on the property, which would be
subordinated only to the construction alone. As we close on a unit, we would
pay off the construction loan and the release price to the City, and
therefore, as work progresses and closings progress...
Mayor Suarez: Let me check with them, have you followed the mechanism that
you would use for paybacks if we chose to go to paybacks? Would you release
also at the point of sale?
Mr. Sox: Yes, we would.
Mayor Suarez: OK, that is no different. All right. I am glad you thought of
the mechanism anyhow.
Mr. Ferro: We have a number of community leaders here from Allapattah that
are here to support this proposal. We have the Allapattah Community Action
Committee, the Allapattah Chamber of Commerce, the Allapattah Y.M.C.A., the
Allapattah Neighborhood Service Center of the Department of Human Resources,
the Allapattah Merchant's Association, and the advisory committee of Community
Action Agency of Allapattah, all of who are here to support the 240 unit
project that we are proposing. Other than the details I have given, I would
be more than glad to answer any specific questions regarding the project. The
architect, Mr. Cazo, and one of the proposed developers is here to give
greater details on the financial situation.
Mr. Dawkins: How many units you have?
Mr. Sox: 160 units, we chose a lower density.
Mr. Dawkins: How many units are you talking about?
Mr. Ferro: We have 240 units.
Mr. Dawkins: On how many acres of land?
Mr. Ferro: Slightly over eight acres of land. I would note, that this
property, when originally acquired, Commissioner, was proposed for about 426
rental units, and the purpose being to provide the greatest number of housing
where it is needed the most. We have not obviously gone that far, but we
believe that the 240 units is not a large density for the area and at the same
time it provides additional housing.
190 December 11, 1986
[i
0
Mayor Suarez: How are we going to arrange now so that only - you don't get a
repetition of each group telling us why Allapattah should be chosen? OK,
please.
Mr. Ferro: We are... no, no, they...
Mayor Suarez: The rest of you...
Mr. Ferro: There is only one or two people who would...
Mayor Suarez:... we will assume you have the same statements to make, only
emphatically and clearly and so on.
Mr. Dawkins: As a non profit organization, putting 240 units in there, with
the density, shouldn't your units be cheaper than 160 units?
Mr. Ferro: Well, it depends on the amount of payback that the City...
Mayor Suarez: Well no, assuming the same payback as theirs.
Mr. Dawkins: According to what you have here, there is very little difference
between the price.
Mayor Suarez: You have fifty...
Mr. Ferro: I would have to study their proposal to see where the differences
are.
Mr. Dawkins: But, no, you don't have to study their proposal. If it costs
three "3X" dollars per square foot, OK, and you are building 160 units and it
costs three "3X", I mean you are going to get a reduction in the cost of units
if you prepare more units, don't you?
Mr. Ferro: Commissioner, it depend on the construction cost, and number of
issues or items that I would have to analyze from their proposal.
Mayor Suarez: OK, your number of units, the ratio is three to two, but your
price don't reflect a three to two proportion, which may mean a whole bunch of
construction issues of whatever, OK.
Mr. Dawkins: OK, no problem.
Mr. Ralph Packingham: Good afternoon, Mr. Mayor, City Commissioners. My name
is Ralph Packingham, Chairman of Allapattah Merchant's Association, a
businessman in the area of Allapattah. We, in Allapattah feel that we have a
better feel than anyone else as to what the Allapattah community would like.
We have done a sampling, and we have come up with that we feel that this
project should be funded, should be dealt with through the C.B.O. that is in
the area. The proposal to build townhouses that people can buy and be able to
afford is ideal. We need housing in Allapattah, but we do want housing in
Allapattah that the Allapattah community has a total voice in and at the same
time is able to put their fingers on the pulse of the people that is
controlling it. Thank you.
Mr. Mariano J. Cruz: My name is Mariano J. Cruz, I live at 1227 N.W. 26
Street. I serve as a delegate of the neighborhood of Allapattah City
Community Development Advisory Board, and I agree with Mr. Packingham that the
C.B.O. in our area should be the one responsible for this construction of the
townhouses. One thing, I am very partial to home ownership, and this thing
will, instead of taking property out of the City's tax rolls... most of the
construction that lately has been going on in Allapattah by the County, only
the difference is, they have put all, like I said before, the jails, or the
Metrorail. This will be home ownership, not public housing. I have...
Mayor Suarez: Wait, you don't have to address that issue. Both of them.are
like that, and that is the only two that we have before us, so Mariano, you
can save that argument.
Mr. Cruz: Right, well, OK. Now, going back to this morning to item 9 on the
agenda, the $25,000 for the C.B.O., I think that the project by the C.B.O.
will help to accomplish the goals of the C.B.O. and another thing, I repeat it
again, this is home ownership. It is not...
191 December 11, 1986
Mayor Suarez: Oh, I just told you that they are both the same that way. We
all agree on that. We have agreed on that for 12 months, since we've all been
here.
Mr. Cruz: Right, but one thing, this is - like I have seen other groups that
have come into our community and tui,lt something, and that is it, but this
will be administered by our community, and the people from the community are
here and that is the main thing.
Mayor Suarez: I am going to talk to your boss to see if he will make you work
on Thursdays because you tend to be...
Mr. Cruz: Well, I am coming on Thursday. I am just, like you say, one of the
few people that come as a taxpayer.
Mayor Suarez: The Postmaster General! I am going to call the Postmaster
General!
Mr. Cruz: I don't work for the City. It is my right to be here, as a
taxpayer, to make sure, right?... to make sure we get something in the
northwest section and that is it!
Mr. Ferro: I think that we will limit the presentation from the community to
those two speakers, Mr. Mayor, and again we will take any questions you have.
Again, we have not analyzed the other proposal. I don't believe that - in
fact, I don't believe that the Commission has adequately really had a chance
to analyze in detail both proposals on a per unit basis and the like. We do
believe that we have a superior product. We have a greater number of units
that will serve a greater number of people and we will produce a good product.
Mr. Dawkins: Mr. Mayor, I personally think that is too many units on that
land, but I a-n not a planner, nor a zoning person, and I would like to make a
motion that these two proposals be given to our Zoning and Planning and the
Manager and evaluated, and even if they have to make some recommendations to
both groups as to what we need and let the Administration bring them back to
us, both of them, and then we make a decision. I'd like to make that motion.
Mr. Plummer: I'll second that motion.
Mayor Suarez: So moved.
Mr. Plummer:.... but I would like to ask one further question. Simon, your
financing package. Now we know that they have got more than adequate funds in
the Pension Fund to finance the whole project. Now, the question is where is
your financial package?
Mr. Ferro: Well, we have already spoken and gotten commitments from the Bank
of Miami for the construction loan. We have already gotten commitments for
the end loans and just as their proposal is dependent on surtax dollars, and
second mortgages, the C.D.C., which will own the property and develop the
property, will obviously be able to apply to the surtax board for priority
treatment for those surtax dollars, so it is basically other than the fact
that we are using private financing from an institution for the construction
loan, it is basically the same type of financing package, I believe.
Mr. Plummer: Do you have those commitments in writing?
Mr. Dawkins: Wait, before you go any further, you are contradicting what I
see in the book.
Mr. Ferro: What page, Commissioner?
Mr. Dawkins: I don't know, but in here, you say: "Completion of first phase
shall be ten months from start. Second and third phases will mainly depend on
sales," which means you are not going to do anything until you sell it. Now,
they are going to do them all.
Mr. Ferro: Well, I don't believe that is a contradiction in terms of the
financing package we wake talking about. What we are talking about is, we are
developing the property...
192 December 11, 1986
r
Mr. Dawkins: Well, let's be sure you and I understanding each other. They
are prepared...
Mayor Suarez: To build the whole thing.
Mr. Dawkins: ...to build the whole thing at one time, OK? So, now, in order
to be equal, you've got to come in - I mean, for my vote - and tell me you're
building the whole thing at one time. See? So that we can compare apples to
apples.
Mr. Ferro: Sure. Well, we will be glad to analyze that proposal. The reason
that we're doing it in phases, like any private developer would, is to make
sure that those units in the market out there are proper, and that those units
will be sold. If you build a product that, in a particular market area, for
whatever reason, does not sell, you're stuck with the 160 units. We're
building in phases to make sure that we do have a market that... and we can
reach that market. We're just being prudent.
Mayor Suarez: We understand that, but we're going to give preference to the
one that can build the whole thing, right off the bat.
Mr. Ferro: We would... if our proposal is...
Mayor Suarez: These bonds that are being used... that were used to acquire
the property were approved in 1976 - that's ten years ago - and the City's
been dillydallying around with it for a long time, not any fault of any of the
Commissioners, and it's time for us to start building these units. And we now
have a worthwhile proposal; we have yours, that may or may not be, so you...
Mr. Ferro: We would be more than glad to analyze the proposal, since this
will be submitted to the Planning Department.
Mr. Dawkins: You don't have to keep telling me you'll be glad to. I'm
telling you to analyze it, and I'm telling you that at the next meeting, the
two of you come here, we're going to make a decision, that's all.
Mr. Ferro: I agree, Commissioner.
Mr. Dawkins: OK. '
Mr. Ferro: We will make...
Mr. Dawkins: I mean, that's how I...
Mr. Ferro: ...a similar proposal as they are making.
Mr. Dawkins: Beg pardon?
Mr. Ferro: We will make a similar proposal as they are making.
Mr. Dawkins: No, no, you make your own proposal, OK? Whether it's better...
see, don't make nothing similar - you either got to be better, or not at all.
See, you can't come in with the same thing they've got. You've got to come in
with something better. That's what I'm telling you.
193 December 11, 1986
Mayor Suarez: Do you want to build into your motion, Commissioner Dawkins,
that the City... that both groups have to work with the City, so that the City
be ready to recommend one or both of them, from the viewpoint of traffic and
everything else?
Mr. Dawkins: That was my motion.
Mayor Suarez: Because Mr. Pierce has indicated that he's got all kinds of
problems with either one of these in terms of that, so...
Mr. Dawkins: And he is a zoning expert.
Mr. Ferro: We have no objections to that. We're willing to...
Mr. Dawkins: OK, that's all. OK, so moved, so moved.
Mr. Ferro: ...be bound by that.
Mayor Suarez: So moved. Do we have a second?
[INAUDIBLE SECOND BY COMMISSIONER PLUMMER]
Mrs. Kennedy: And a second.
Mayor Suarez: Seconded. Any further discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 86-1024
A MOTION DIRECTING THE CITY MANAGER TO FORWARD TO THE
PLANNING AND ZONING BOARDS THE TWO PROPOSALS RECEIVED
IN CONNECTION WITH AFFORDABLE HOUSING ON THE MELROSE
NURSERY SITE, IN ORDER THAT THEY MAY BE FURTHER
EVALUATED; AND FURTHER DIRECTING THE CITY MANAGER TO
RECOMMEND AND BRIEF BOTH GROUPS AS TO THE CITY'S NEEDS
AND TO COME BACK BEFORE THE CITY COMMISSION WITH A
RECOMMENDATION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And by the way, I just want to compliment both groups, because
there's a ray of light at the end of the tunnel here, after ten years of not
being able to get anything done on that site.
194 December 11, 1986
------------------------------------------------ ----------------------------- -
69A. AUTHORIZE USE OF CIVIC CENTER SITE FOR AFFORDABLE HOUSING.
------------------------------------------------------------------------------
Mr. Dawkins: Before you leave, all of you, we are going to... where is...
where's my people from the Civic Center? We may as well do that now, Mr.
Mayor.
Mayor Suarez: Yeah, that's what I wanted to do.
Mr. Dawkins: Where are the people from the Civic Center?
Mayor Suarez: Let's take up Item 29. Thank you, Simon.
Mr. Dawkins: Twenty-nine.
Mr. Ferro: Thank you very much.
Mayor Suarez: Thank you, counselor.
Mr. Dawkins: Stick around, stick around. We're at the Civic Center site.
OK, go ahead, Jerry.
Mr. Jerry Gereaux: We bought the... originally bought the Civic Center site
for a rental housing development, for a number of reasons, including the bond
market and the inability of the developers to perform in accordance with the
proposal.
Mayor Suarez: But that one went all the way to an award of a bid to related
housing.
Mr. Gereaux: That... well, they both did. They both did.
Mayor Suarez: Melrose did, so you got the same situation.
Mr. Gereaux: That's right.
Mayor Suarez: So, you're going to tell us about this one?
Mr. Gereaux: Now, we are coming back to you, and we are recommending, for a
number of reasons, including what's happened to the bond market, and also
because of the number of rental units that have been developed in the last few
years in the immediate area of the site,...
Mayor Suarez: If you're going to say home ownership...
Mr. Gereaux: We are proposing home ownership, to create...
Mayor Suarez: You got it.
Mr. Gereaux: ...a good mix in the neighborhood.
Mayor Suarez: All right, this Commission...
Mr. Dawkins: On the Civic Center site?
Mr. Gereaux: On the Civic Center site.
Mayor Suarez: This Commission is...
Mr. Dawkins: OK, now, we also...
Mayor Suarez: ...squarely behind that concept.
Mr. Dawkins: OK. We also... we're going to do the same thing we're doing
here with the Civic Center site. So, don't get... you know, don't get locked
out...
Mr. Mariano Cruz: OK, that's exactly what I was going to say now.
195 December 11, 1986
fl, r
Mr. Dawkins: OK, that's right, um-hmm.
Mr. Cruz: The same thing...
Mr. Dawkins: The same thing.
Mr. Cruz: That's been done with Melrose is being done with the Civic Center.
Mr. Dawkins: Right.
Mayor Suarez: That's right.
Mr. Cruz: To come back, then.
Mr. Dawkins: OK, um-hmm.
Mayor Suarez: Ralph.
Mr. Ralph Packingham: I would just like to add one more comment, and that is
this: We are concerned, in Allapattah, that the money be turned back over
into Allapattah. There's no way that we can ever become halfway independent
of City, or whoever, unless there's money being turned around to...
Mayor Suarez: Well, now you've posed a tough question, Ralph. Let me ask you
a question.
Mr. Packingham: Yes.
Mayor Suarez: Of the three options that your group put together - zero
percent return on land acquisition, 50 percent or 100 percent - which one do
you recommend from the viewpoint of the community? Understanding that zero
percent return means you can sell the units very cheap, and 100 percent means
that they're going to be a lot higher, but you may get more money back for the
community, assuming we go with your recommendation that the money has to be
put back into the community when we get it. Which of the three do you
recommend? Are you prepared to make a recommendation?
Mr. Packingham: Then we will go with 50 percent.
Mayor Suarez: Fifty percent?
Mr. Packingham: Yes.
Mr. Plummer: What you're, in effect, doing is killing the program.
Mayor Suarez: Well, you're killing it after twice. You get one turnover.
That's OK. Thank you. But you want it to go back to the community of
Allapattah, for example,...
Mr. Packingham: Yes.
Mayor Suarez: ...if the land was initially acquired in Allapattah, as it was
in this case.
Mr. Packingham: Yes.
Mayor Suarez: It's a fair request.
Mr. Packingham: In support of our agencies.
Mr. Plummer: I want to know how you got him in a suit.
UNIDENTIFIED SPEAKER: What did he say?
Mr. Plummer: How did you get him in a suit? (Laughter) Did you tell him you
were going to a funeral? I've never seen him in a suit.
Mrs. Kennedy: One-track mind, here.
Mayor Suarez: To some people, it always seems like a funeral. Thank you.
Mr. Plummer; Good old Loco.
196 December 11, 1986
f r
UNIDENTIFIED SPEAKER: OK, thank you.
Mr. Dawkins: OK, what you got next?
Mayor Suarez: Jerry, Jerry, are you going to tell us anything at all about
the proposal we have on the Civic Center site? Is it similar, is it a viable
entity that's proposing it?
Mr. Gereaux: Well, I was here today to, f irst of all, get your approval to
designate the reuse of that site for home ownership housing.
Mayor Suarez: OK, I would entertain a motion to that effect.
Mr. Gereaux: That was my primary...
Mr. Dawkins: So moved.
Mr. Gereaux: ...purpose here this afternoon.
Mayor Suarez: OK, we got a motion on that. Do we have a second?
Mr. Plummer: Second.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll on reusing it for
that purpose.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-1025
A RESOLUTION AUTHORIZING THE USE OF THE CIVIC CENTER SITE
FOR THE DEVELOPMENT OF LOW -DENSITY SALES HOUSING WITHIN
THE AFFORDABLE LIMITS OF LOW AND/OR MODERATE INCOME
FAMILIES; FURTHER DIRECTING THE CITY MANAGER TO PREPARE A
REQUEST FOR PROPOSALS FOR SUCH DEVELOPMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
197 December 11, 1986
69B. REFER BACK TO ADMINISTRATION TWO PROJECTS FOR AFFORDABLE HOUSING AT
CIVIC CENTER SITE.
Mayor Suarez: Unless you want to use it for a park or something, don't
interrupt when we're trying to get the first step resolved.
Mr..Dawkins: No, we get housing - housing, that's all.
Mayor Suarez: OK. Now, you want to make a quick presentation on your
proposal for the site, knowing that we're not going to decide today, if we
give it the same treatment as the other site?
Mr. Julio de Quesada: No, if you're not making a decision today, I don't
think it's...
Mayor Suarez: .Well, you've got two minutes to tell us about it generally, if
you want. Home ownership?
Mr. De Quesada: It's a home... well, yeah, I was speaking... what I'm
proposing is a home ownership.
Mayor Suarez: Give us your name and the name of the entity.
Mr. De Quesada: My name is Julio de Quesada, Executive Director of CODEC,
Inc., a community development corporation, not for profit, of course. We have
extensive experience in developing low-income housing. At this point in time,
we have... we are practically closing on 82 units on El Bosque Condominium,
and we are closing fifteen homes in Allapattah and the community.
Mayor Suarez: When you make your presentation, at the next Commission
meeting, would you bring us back some slides of E1 Bosque? I think that's
something that the Commission ought to be aware of, if they're not aware of,
in the community, because that seems like it's going to be a very successful
project. Have you sold that?
Mr. De Quesada: We've sold 100 percent of both projects. We're closing on
them.
Mayor Suarez: A hundred percent.
Mr. De Quesada: Right.
Mayor Suarez: That's on Southwest 8th Street and what avenue?
Mr. De Quesada: Southwest 8th Street and 9th Avenue.
Mayor Suarez: Ninth Avenue. You only use surtax...
Mr. De Quesada: Surtax.
Mayor Suarez: ...subsidy for that, no other subsidy. Land, you have to pay
for, private financing, everything else, except for the second mortgage, which
is surtax.
Mr. De Quesada: And...
Mayor Suarez: What are they selling for, just so people know. Well, they are
already sold, presumably.
Mr. De Quesada: They're already sold, and they range, average of course, they
are ranging from $41,000 up to $60,000.
Mayor Suarez: But that's deceptive, because - what's the down payment?
Mr. De Quesada: Well, down payment...
Mayor Suarez: I saw the sign that you have up there.
198 December 11, 1986
Mr. De Quesada: It's a five percent. The average...
Mayor Suarez: Nineteen hundred and fifty dollars, is what you have on there.
Mr. De Quesada: The down payment, the a...
Mayor Suarez: And what's the monthly rental, I mean the monthly payments,
because of the surtax?
Mr. De Quesada: OK.
Mayor Suarez: But you have advertised, do you remember?
Mr. De Quesada: I have... yeah. We have an average down payment of $3,600.
The monthly payments are $337 average, including the maintenance fees.
Mayor Suarez: Including everything, the whole shebang.
Mr. De Quesada: Everything.
Mayor Suarez: You can buy a unit cheaper than you can rent in that area,
because of the surtax.
Mr. De Quesada: Correct.
Mayor Suarez: That's the only subsidy you've got there?
Mr. De Quesada: The only subsidy I've got.
Mr. Plummer: So, are we likewise sending this project, with Allapattah, to
the Planning Department?
Mr. Dawkins: Yeah.
Mr. Plummer: I so move.
Mayor Suarez: So moved, and - do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-1026
A MOTION REFERRING BACK TO THE ADMINISTRATION THE TWO
PROJECTS FOR LOW DENSITY SALE HOUSING AT THE CIVIC
CENTER SITE FOR THE CITY MANAGER'S REVIEW AND
RECOMMENDATION.
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.
Mayor Suarez: Very important to understand, the cost of the unit, or the
sales price, does not really give an indication of how cheap they are, with
the surtax. With the monthly payment of principal, interest, taxes, and
insurance, plus maintenance, reflects a sale price of about $30,000, or
$29,000, really, and that's what's keyed it, to understand. And we're making
home... you know, these units available for people to buy at, you know, prices
that can be afforded by someone in the $20,000-a-year range, for a family of
two. That's the whole point of these programs.
199 December 11, 1986
Mr. De Quesada: In reality, Mr. Mayor,...
Mayor Suarez: And you've done it, with the only subsidy you have was the
surtax, so...
Mr. De Quesada: Right. In reality, affordability is in the monthly payment,
not in the cost of the unit, because, simply, the fixed costs, like materials,
labor, and so forth - you're not going to get them for free, or for any less,
because...
Mayor Suarez: You don't get it for free. What percentage of your buyers in
that unit qualify under Federal and State guidelines for low income?
Mr. De Quesada: The percentage?
Mayor Suarez: What percentage of the buyers?
Mr. De Quesada: A hundred percent.
Mayor Suarez: A hundred percent. OK. That gives you an what you can do with
a little bit of creativity, subsidy smaller than the one we gave to Squire
properties, and smaller than the one that we're about to give to these other
two projects. So, you're setting the pace.
Mr. Dawkins: That's right.
Mayor Suarez: With E1 Bosque.
70. ALLOCATE $5,000 FOR MARTIN LUTHER KING DAY PARADE.
Mayor Suarez: Item 70. See if we can get to the Planning and Zoning items.
I know some people have been waiting for those. We're quickly going through
our personal appearances. I don't envision any controversial ones.
Dr. Preston W. Marshall, Jr.: Name is Preston Marshall. I'm president of the
Martin Luther King Corporation, and we have requested the City sponsor the
parade, and cosponsor the banquet. We would like to request some assistance,
or financial assistance. We need police assistance in the parade. We need a
few items there, and hopefully, maybe we ask for funding monies.
Mr. Plummer: Mr. Manager, what do you recommend?
Mr. Odio: We have a No Funding policy. All our festivals have been funded,
and events, and I have to recommend against.
Mrs. Kennedy: How much is your total budget?
Mr. Odio: They request $15,000.
Dr. Marshall: Our total budget, this year?
Mrs. Kennedy: Um-hmm.
Dr. Marshall: Thirty thousand dollars.
Mr. Odio: We would recommend that they go to the Dade County Council of Arts
and Sciences, and see if they can get a community...
Dr. Marshall: We would get some assistance...
Mr. Odio: Oh, OK.
Dr. Marshall: ...from that part of it already. We're also depending on what
will the City help us on now, with their funding.
Mayor Suarez: How much is the council going to give you, do you know? Dade
County?
200 December 11, 1986
Dr. Marshall:
think.
The council, so far, is recommending twenty... $15,000, I
Mr. Plummer: The cupboard is bare.
Mrs. Kennedy: And you're asking for how much?
Dr. Marshall: Here, today? Well, if it's possible that you can waive the in -
kind services, the other required City services that we need, we would
probably ask for a matching with that of $15,000.
Mayor Suarez: Silence in the house.
Mrs. Kennedy: What do we do for other ethnic holidays? Do we provide any
kind of assistance?
Dr. Marshall: We don't have another ethnic holiday that I know of.
Mr. Plummer: But we just finished with Sunstreet.
Dr. Marshall: But Sunstreet isn't the same as Dr. Martin Luther King.
Mr. Plummer: We're aware of that.
Dr. Marshall: We don't compare... we're not the same at all; that's a
festival. We're talking about a national holiday that we're trying to work
toward a certain independence, Commissioner.
Mr. Plummer: What we've done here is, we've established a policy. We've put
up $200,000, and we're funding these named units. And that was to be
understood by the Commission, there was to be no other monies available.
Dr. Marshall: Well, I don't know. I don'*- know. I know that Sunstreet
probably got some kind of assistance, because they couldn't do all that
without any assistance. We can't put... or, we will, we can put out three
hundred, four hundred thousand people out there, without any City protection
officers - we can do it, though, I mean, you know, we just put the people out
there. No problem with that part. But we're here to, you know, to work
cooperatively with the City, and to get some kind of assistance on some of the
things that we need to be helped, in this particular project, with. And this
is, the holiday is, January the 19th, of 1987.
Mrs. Kennedy: I don't know, I... this is a national holiday, and I'd like to
help you out. On the other hand, I understand that we have no money, but we
just funded $5,000 for the Miami Congressional Workshop. I'd like to propose
to do the same with you. It's better than going home empty-handed. So, I put
that in the form of a motion.
Mayor Suarez: I'll second it.
Mr. Plummer: Motion made, to give them $5,000. Motion made, under
discussion.
Dr. Marshall: The... is that going to waive...
Mr. Plummer: No, not you, not you.
Mayor Suarez: Not recommended that you get involved in the discussion. It
might lose you the five.
Mr. Plummer: Any further discussion by members of the Commission? Hearing
none, call the roll.
201 December 11, 1986
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-1027
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $5,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE MARTIN LUTHER KING DAY PARADE TO BE
HELD JANUARY 19, 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 Mayor Suarez, 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: You got five.
Dr. Marshall: Mr. Mayor, even with the $5,000....
Mayor Suarez: You're about to lose $5,000.
Dr. Marshall: Pardon me?
Mayor Suarez: You're about to lose $5,000.
Dr. Marshall: No, but what I'm saying, we still would need, either you to
waive the police assistance, or whatever, for that part of it.
Mr. Plummer: That $5,000 was in kind.
Dr. Marshall: So, the $5,000 was to go to...
Mayor Suarez: From my perspective, as the seconder of the motion, either way
that you want it, but it's going to cost you more than five in kind, so...
Mr. Plummer: No, no, don't do that, because he's talking about not using
police.
Mayor Suarez: Oh.
Mr. Plummer: No, it was definitely in kind.
Dr. Marshall: You're talking about the $5,000 in kind.
Mr. Plummer: Yeah.
Mayor Suarez: It wasn't my intention, but...
Mrs. Kennedy: No, it wasn't mine either, but it's...
Mr. Dawkins: Well,...
Mayor Suarez: Could you make it as a...
Mr. Plummer: Hey, he's talking about possibly not using police.
Mayor Suarez: Well, but we can prevent them some other ways if we want them
to use police. We can require them to use the City of Miami police. Like I
202 December 11, 1986
said, the motion will reflect that it was a $5,000 grant to your parade, and
if you keep arguing about it, you might lose that.
Dr. Marshall: Well, it doesn't have to be an argument, just a matter of a few
minutes of discussion. I've been here since 2:00 o'clock, and they have had
some people here, and you know, and I think...
Mayor Suarez: I know, Doctor, but we tell everybody the same thing: after a
favorable vote on something, that the policy of this Commission has been not
to grant any more than what we did in the $200,000 package. I'm just telling
you, that you do it at your own risk. Go ahead.
Dr. Marshall: Well, how is this $5,000 supposed to be allocated, Mr. Mayor?
Mayor Suarez: I seconded the motion, I understood it to be in cash. Or, you
want to take it in kind, either way.
Mrs. Kennedy: I intended it to be in cash, but it really doesn't make 'any
• difference, if you'd rather have the services waived.
Mayor Suarez: It's your option.
Dr. Marshall: OK, we'll take it in cash, and we'll work out with the police.
Mr. Dawkins: But you still got to... OK, now, you're taking it in cash. But
you still have to pay for police, fire, and rescue.
Mayor Suarez: Sanitation, yeah.
Dr. Marshall: Is there a possibility any of that, those other services, can
be waived too? Because we have to pay for insurance, now, a policy the City
got for $255 per day per event, I think.
Mayor Suarez: I didn't expect the prior motion to pass, but it did. I'm not
going to tell you what your chances are, if you want to talk about additional
funding.
Dr. Marshall: What I'm saying, can we get the $5,000 and waiver the police
services, for the part that we have to use in the City?
Mayor Suarez: Depends what the Commission decides.
Dr. Marshall: Well, I'm here to talk to the Commissioners now, since we're
discussing that. We will...
Mr. Plummer: Take your five and run.
Dr. Marshall: Hah?
Mr. Plummer: Take your five, and run. You might lose the five.
Dr. Marshall: What do I do if I have three hundred and four... three hundred
thousand people out there on the street?
Mr. Plummer: That's not our responsibility. That's what we're trying to tell
you. It's not our responsibility.
Mayor Suarez: What do we do if we have a limited budget? We have the same...
Dr. Marshall: OK, Mr. Mayor, we... I'm only one representative of the
organization, and the people, so at this particular time, we don't have the
time, right now, too, and I don't know if the Commission meets any more before
the event comes up, which is the 19th - does the Commission meet again before
the 19th?
Mayor Suarez: This is the only meeting in December.
Dr. Marshall: Tell you what we'll do. We'll take the $5,000 in cash.
Mr. Odio: In cash?
203 December 11, 1986
Mayor Suarez: That was my understanding, of the tender of the motion and the
second, so,...
Mr. Dawkins: Now, you're taking the $5,000 in cash, OK? Listen closely,
now,...
Dr. Marshall: Go ahead.
Mr. Dawkins: ...because I don't want you to get caught in a trick. And when
you apply for your permit, for the parade, they're going to demand that you
pay up front, cash, for the fire, police, and sanitation, OK?
Dr. Marshall: Yeah, that's what I'm talking about.
Mr. Dawkins: All right, OK, no, no, no, no, see, I don't you to go out here,
not knowing what we're doing, OK? See, so, now, you're taking $5,000 cash,
and when you come for your permit for the parade, you're going to have to have
the money to pay for the police, pay for the fire, sanitation, and the rescue,
OK?
Dr. Marshall: OK, will the Commission accept...
Mr. Dawkins: OK, now, no, that's the end of the discussion, that's the end of
the discussion.
Dr. Marshall: Upon the recommendation which you just said, will the
Commission...
Mr. Dawkins: Ain't no recommendation - I just stated a fact. I didn't make
no recommendation, I stated a fact.
Dr. Marshall: No, I'm saying, upon the facts that you state, can we bargain
with the Manager after we looked at what it might cost us with the $5,000?
Mr. Dawkins: The Manager already... the Manager told you he didn't have any
money.
Dr. Marshall: I know that.
Mr. Dawkins: OK, OK. But this Commission overrode the Manager and gave you
$5,000, Dr. Marshall.
Dr. Marshall: Yeah. What I'm saying...
Mr. Dawkins: So, if you go to the Manager, he's going to still tell you he
got no...
Dr. Marshall: No, I'm saying, with the $5,000, after we look at the issue
with... if we leave the $5,000 in kind, and it is to our advantage to work it
within the in -kind than to take it in cash, is it possible, with that motion,
that we can do it that way?
Mr. Dawkins: All I can tell you is a fact, OK? The fact is, this Commission
has awarded you $5,000. It's your privilege to take it in kind or in cash,
OK? But, in the event, either way you go, there's certain services that we
have to have for the parade, and those services have to be paid for.
Dr. Marshall: OK, you... let me let another member of the board speak.
UNIDENTIFIED SPEAKER: What they're trying to tell you, Dr. Marshall, the
$5,000, what Commissioner Dawkins is telling you, when you get the permit and
have to pay for a lot of the things that goes along with that, that $5,000
really is nothing. So, they tell you $5,000; that really isn't anything. So,
they can't do nothing better than that, it's best not to get yourself in a
problem with $5,000. You'd better leave it alone. But remember until next,
time.
Dr. Marshall: OK, now Mr... I think what we'll do, we'll work with the City
and we will not take the money, and work it out the other way.
Mayor Suarez: Yeah, you can always do it in kind, if you want.
204 December 11, 1986
Dr. Marshall: OK.
Mayor Suarez: We'd much... it probably makes more sense from our perspective.
Dr. Marshall: We'll work with it that way. Thank you.
Mayor Suarez: Thank you.
------------------------------------------------------------------------------
71. DENY FUNDS FOR "LIBERTY PROJECT" (MAIN LIBRARY).
Mayor Suarez: Item 71. Quickly.
Mr. Odio: They are requesting to bring Philippe Petit, the French high -wire
artist to Miami. They have not indicated how much funds did that need, but we
are again recommending denial of this...
Mayor Suarez: What do you need from the City, to bring - a permit?
Ms. Margarita Cano: No, not exactly. Well, that would be part of it too,
but...
Mrs. Kennedy: Margarita, why don't you state your name and address for the
record, please.
Ms. Cano: My name is Margarita Cano, and I'm 501 Southwest 24th Avenue, and
I'm coming here to speak on behalf of the Miami -Dade Public Library. The City
and the library have a history of having worked together in many, many major
cultural events for this community. The proposal we have on the board right
now, to bring Philippe Petit, has now expanded in many ways, because Philippe
Petit, we have been able to get a $5,000 Community Development Grant from Dade
County, and private fundings are being sought right now by the Cultural
Attache, French Cultural Attache, Sylvain Ledieu, who is seeking to get
private funding for bringing Philippe Petit here. If we cannot have him in
the immediacy of the French -American involvement we're doing right now, he
will be able to come, maybe, at some other point. We will continue to work in
seeking the corporate funding. We are not, really, then, asking the City to
help us specifically on the Philippe Petit item. We are coming here to try to
get help with the whole event. This is a project that will take two months,
and it starts with the inaugural of the exhibition "Liberty: The French -
American Statue in Art and History." This is a major event, because it gives
you international visibility, the City of Miami. We're bringing the
exhibition from New York Public Library, on loan, on a... it's going only to
about ten cities in the United States; we're the fifth city to be visited by
this exhibition. There are enormous expenses in bringing this to this town,
and it creates an international visibility to us, because being involved with
the French community in this area, and L'Ailiance Francaise and the French
government, will immediately give us a visibility in Europe. So, to the City
of Miami, it's something that it would be very important. The library has
programmed a series of cultural events throughout the six... seven weeks that
this exhibition will be here. It actually arrives, opens to the public, on
January the loth, and will be here through February the 25th. During that
time, everybody, every Tuesday, will have the opportunity to go to the library
and have a French lesson, during an hour and a half, in our auditorium, in
togetherness with the exhibition. We also have a French Film Week, that is
going to be given free to the public, with two showings of main feature films
from France, with English subtitles, so that will be, also, quite a major
event. We also have concerts programmed with French music, that will be free
to the public, will enhance the pedestrian walk-through in downtown Miami
enormously, increase the attendance to the other cultural institutions that
are within the plaza, and I think it will be a very, very... series of
exciting events for the community. Every Thursday there will also be, at
noontime, a free cinema grab-bag, where people can come in and have lunch at
the library, while watching a film that is related to French culture, like
"The Palace of the Louvre," or "The Building of Versailles," or something
related with French culture. So, I think it will enhance tremendously the
culture and the capabilities of enhancing education to all the children of the
kind of people... visitors to... outside tourism. I think it will be a
magnificent event. There are certain areas where we are seeking help to
205 December 11, 1986
defray the cost that we will be having. Like, for instance, we have the cost
of the exhibition itself, bringing it down here; the French Film Week, where
we have to get... rent projectors, and have projectionists - there are union
people to run these projectors, and there were a certain amount of costs to
having all these events. We would like to request...
Mayor Suarez: What are you requesting of the City? The program sounds
interesting.
Ms. Cano: Well, we would like to request from the City $4,500, to help us
defray the costs, and this will come to the...
Mayor Suarez: Have you talked to the Downtown Miami Businessmen's
Association, the DMBA? They have some City funding for...
Ms. Cano: No, the Downtown Miami Business Association, no, I have not talked
to them.
Mr. Dawkins: What did you get from Dade County's library system?
Ms. Cano: We got $5,000 from them.
Mr. Dawkins: And you got $5,000 from them, and they run the whole library
system in Dade County, and my tax dollars support it?
Ms. Cano: No, we got it from tourism, and we got it...
Mr. Dawkins: Ma'am?
Ms. Cano: We got it from tourism...
Mr. Dawkins: Well, what did you get from...
Ms. Cano: The Dade Council of Arts and Sciences.
Mr. Dawkins: Mr. Manager, what's your recommendation?
Mr. Odio: I'm recommending against. I'm sorry.
Mr. Dawkins: I move the Manager's recommendation.
Mrs. Kennedy: Margarita, from...
Mr. Plummer: Second.
Mrs. Kennedy: ...where to where is the walk?
Mr. Dawkins: I call the question.
Mrs. Kennedy: Of the Philippe Petit? Well, Philippe Petit's walk would be
right at the Government Center, and he would be walking from the library to
the Center for the Fine Arts. We have not been able to have the other
proposal, which is the Museum towers to the Government Center, because Museum
towers will not be able to open by the time we're having the exhibition, which
is in January, so that walk is now pending. So, we have to go to project
number one, which was the walk from the Center for Fine Arts to the library.
Of course, Philippe Petit is an internationally known figure, and he certainly
would command a tremendous amount of attention. I think it's a very exciting
project.
Mrs. Kennedy: No, I was thinking in terms, if you were walking from one
specific... from the Government Center to another specific building, perhaps
the owner of that building could contribute to the... with the money.
Ms. Cano: Well, the Museum towers was the building in question.
Mrs. Kennedy: But it's not going to be completed.
Ms. Cano:.... and the Museum towers is not opening. They're not ready to
open.
206 December 11, 1986
Mayor Suarez: Well, whatever building it is that... is what she's asking.
Whatever building it is that you end up using, would they be willing to
subsidize it, that's what she's saying.
Ms. Cano: Well, the building is, at this point, not wanting to subsidize it.
That's why I said that we're still negotiating other corporate...
Mayor Suarez: Well, the first thing you need from the building is to allow
him to do it, and then to subsidize.
Ms. Cano: Exactly. We already have the...
Mayor Suarez: No, no, that's it, that's it. We have Commissioner Dawkins'
request to close off debate, and we will call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 86-1028
A MOTION UPHOLDING THE ADMINISTRATION'S RECOMMENDATION
FOR DENIAL OF A REQUEST FOR SUPPORT FOR "THE LIBERTY
PROJECT."
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.
COMMENTS MADE DURING ROLL CALL:
Mrs. Kennedy: I'll have to go with this motion, Margarita, but I'd like to
help. I think it's a great event for Miami, to reach the Downtown Business
Association.
Mayor Suarez: Yeah, get the DMBA behind it. They've got some of our funds, I
think $50,000, if I remember correctly.
Ms. Cano: Well, can I go to them, and say this was your...
Mayor Suarez: Absolutely.
Ms. Cano: ...advice, for me,...
Mayor Suarez: Yes, yes, yes.
Ms. Cano: ...and will they come through with some money for met
Mayor Suarez: Yes.
Ms. Cano: OK, thank you very much.
Mayor Suarez: It's still up to them, but...
Ms. Hirai: Mayor Suarez.
Mayor Suarez: Yes.
207 December 11, 1986
72. ACCEPT BID: INFORMATION MANAGEMENT OF FLORIDA/CANON FOR RENTAL OF
MICROFILM EQUIPMENT. (ALSO SEE LABELS #10 AND #18)
------------------------------------------------------------------------------
Mayor Suarez: Item 72.
Mr. Dawkins: Mr. Mayor, I'd like to... I pulled the Consent Agenda 16.
Mayor Suarez: Oh, yes, can we get Colonel Harrison.
Mr. Dawkins: They explained to me that the reason they are leasing the
machine is that the state of the art changes so rapidly, that to purchase them
now, they couldn't keep up, but by leasing them, the individual has to provide
them with the latest model, to work with so therefore, that's why they lease
them. So I move 16.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll, Item 16.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-1029
A RESOLUTION ACCEPTING THE BID OF INFORMATION
MANAGEMENT OF FLORIDA/CANON FOR THE RENTAL OF THREE
(3) MICROFILM/MICROFICHE READER PRINTERS ON A CONTRACT
BASIS FOR ONE YEAR RENEWABLE ANNUALLY TO THE
DEPARTMENT OF POLICE AT A TOTAL PROPOSED FIRST YEAR
_ COST OF $18,060.00; ALLOCATING FUNDS THEREFOR FROM THE
1986-87 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
(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.
73. URGE OVERTOWN ADVISORY BOARD TO SEEK FUNDING FOR "ONE DAY OVERTOWN
COMMUNITY CONFERENCE" THROUGH MIAMI METRO ACTION PLAN (MMAP).
Mayor Suarez: Item 72. Colonel, that was a very quick presentation. Very
effective, too.
Mr. Odio: Oh - Mrs. Adker is coming up.
Mr. Donald F. Benjamin: You go ahead, you go first.
Mayor Suarez: Donald.
208 December 11, 1986
Mr. Benjamin: You go first.
Mr. Odio: You don't want to hear me first, believe me.
Mayor Suarez: You want to hear the recommendation against first, is that what
you want?
Mr. Benjamin: (Laughing) I want to hear your recommendation. Mr. Mayor and
members of the Commission, my name is Donald F. Benjamin, and I'm the chairman
of the Overtown Advisory Board. As you are well aware, there's a tremendous
amount of activity going on in Overtown, planned, and unplanned, and proposed.
More particularly, the development of the Southeast Overtown/Park West
project, as you did this morning. The developers are beginning to come in,
the Sports Arena is under construction, and in the way of all of that, the
Overtown Advisory Board has been very much concerned about a certain attitude
with respect to the perception of Overtown. We have decided that it might be
useful to put on a one -day conference, in which you would look at all the
problems in Overtown, and try to develop some sort of program that would
support all this activity that's going on, and eventually, certainly, help to
turn the image around.
Mayor Suarez: What's the bottom line - how much would it cost?
Mr. Benjamin: Well, the estimated budget right now is $36,000.
identified $10,000, and we're looking for about twenty...
Mr. Carollo: For one day?
Mr. Benjamin: Yes.
Mrs. Kennedy: One day?
Mr. Benjamin: We're looking for $26,000.
Mayor Suarez: Ten thousand...
Mr. Carollo: We ought to get at least a week out of that.
Mayor Suarez: Ten thousand from whom, Don?
Mr. Benjamin: Private donations.
Mayor Suarez: Any of the developers in Overtown/Park West?
We have
Mr. Benjamin: Yes, we have talked with some of them, and they have promised
to give a contribution. We haven't received any as yet.
Mayor Suarez: But of the $10,000, any of it from the developers?
Mr. Benjamin: Right. I mean, no...
Mayor Suarez: I thought you said you had $10,000 in pledges.
Mr. Benjamin: No, I said we have identified $10,000 from local donations.
Mayor Suarez: What does that mean, "identified"? They pledged it, or they
gave it, or they didn't, or what?
Mr. Benjamin: We anticipate raising $10,000 privately, that's really what we
mean.
Mayor Suarez: How much of that do you anticipate raising from the
Overtown/Park West developers, the four developers?
Mr. Benjamin: We don't know as yet. We don't...
Mayor Suarez: Because that would be the logical first place to go, right
there.
Mr. Benjamin: We expect about $2,000 from the diocese of Southeast Florida,
the Episcopal diocese. They are talking about $2,000.
209
December 11, 1986
Mayor Suarez: They would be cosponsors, or...?
Mr. Benjamin: We have talked with the Dade Foundation, and we are looking at
$5,000. No commitment as yet, but that's how we're...
Mrs. Kennedy: How does your conference differ from MMAP?
Mr. Benjamin: Well, the conference ... (INAUDIBLE COMMENT OFF MIKE) MMAPers
look...
Mrs. Adker: (INAUDIBLE COMMENT, OFF MIKE)
Mayor Suarez: Wait, wait, wait, Ann Marie, why don't you come up to the mike,
if you're going to make a...
Mr. Benjamin: MMAPers look to the entire county, without any specific
reference to Overtown. As a matter of fact, we had a meeting with MMAP
yesterday, and they are making a recommendation to provide support. The
extent of the support has not, as yet, been indicated. But they see no
contradiction in what we're doing.
Mr. Plummer: What does the Manager recommend?
Mr. Odio: That they go to Miami -Metro Action Plan, that that's what they were
created for, and work with them in this type of conference. I am sorry to
say, we have no funds for this.
Mr. Plummer: I move that we uphold the Manager's decision.
Mr. Benjamin: I...
Mayor Suarez: So...
Mr. Plummer: Move to uphold_ the Manager's decision that you go to MAP... P...
Mrs. Adker: How much did the City give MMAP?
Mr. Odio: One hundred...
Mr. Plummer: One fifty-four.
Mr. Odio: One hundred and fifty-four thousand. One hundred thousand.
Mr. Plummer: One hundred, that's right, that's what... yeah.
Mrs. Adker: He gave them $100,000, and who monitors that?
Mr. Odio: We do.
Mrs. Adker: You monitor?
Mr. Odio: Yes.
Mrs. Adker: Well, I'm going to suggest that you all get the $26,000 from them
for us.
Mr. Odio: Oh, no. Oh, no.
Mr. Plummer: No, you go see them.
Mayor Suarez: It's an independent entity that gets funds from the City, and
the City's recommended... the Commission's recommended that you go to them.
Mr. Benjamin: We were wondering, too, - not that we are making any compromise
on this - the Manager has very readily agreed to small donations, as $5,000.
We're still going looking for money.
Mr. Odio: No - me... I... me?
Mr. Benjamin: Well, you didn't fight it.
Mr. Odio: Well, they're my bosses.
210 December 11, 1986
i
Mr. Benjamin: But we would be willing to settle for the $5,000 you've been
giving away in the past to a couple instances.
Mr. Plummer: You'd better be willing to settle to go speak to M-A-A-A-P-P.
Mr. Benjamin: We have spoken to them, and they're looking at it, and they're
going to give us some support, but that's not enough.
Mayor Suarez: I would bet that we could probably do pretty well from the four
developers of Overtown/Park West.
Mr. Benjamin: Well, if you would intercede, that would be helpful.
Mayor Suarez: Absolutely.
Mr. Benjamin: I have a...
Mayor Suarez: Absolutely, and we'll get a letter off within a couple of days,
if you want to help us draft it, and I'll bet you they're going to respond,
but...
Mr. Benjamin: We would certainly appreciate that.
Mayor Suarez: Or a phone call, however you want to do it.
Mr. Benjamin: We certainly appreciate that.
Mayor Suarez: They're not going to be very successful in that area unless
they cooperate with the Advisory Board anyhow, so...
Mr. Benjamin: And if you could do that as early as possible, Mr. Mayor, we'd
be very appreciative. Thank you very much.
Mayor Suarez: Matthew, how about helping to draft that letter, so it can go
out tomorrow, to the four developers? And Dacoma. I see a new hat.
Mr. Benjamin: Yeah, we also did write to Dacoma.
Mr. Plummer: Oh, my God!
Mr. Odio: That's... oh, my God!
Mayor Suarez: Do... you have to do this, right? (Laughter) That's a good
way to interrupt. OK, thank you, Don.
Mr. Benjamin: Right.
Mayor Suarez: Call the'roll on that motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-1030
A MOTION URGING THE OVERTOWN ADVISORY BOARD TO SEEK THE
REQUESTED FUNDING IN CONNECTION WITH "THE ONE DAY OVERTOWN
COMMUNITY CONFERENCE" THROUGH THE MIAMI METRO ACTION PLAN
(MMAP )..
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
211 December 11, 1986
s
Mrs. Adker: You know, I don't appreciate this at all...
Mayor Suarez: We guessed that.
Mrs. Adker: ...with all the taxpayers' monies is going down the drain.
Mayor Suarez: Get that draft of that letter to me tomorrow, and we'll get it
off to the four developers and to Dacoma. That's a good idea, Commissioner.
I have a feeling we'll be able to fund a good chunk of that.
74. DISCUSSION BY PRENTICE RASHEED OF THE EDISON MERCHANTS' ASSOCIATION
(LICENSES, FEES, ETC.).
Mayor Suarez: Item 73, Dr. Wells. Is he here? We're going to hear from...
this is the item that Mr. Rasheed was going to be heard on?
Mr. Plummer: Edison Merchants.
Mayor Suarez: Was this the item that you were here for? (INAUDIBLE REPLY,
OFF MIKE) Go ahead. Going to go to Planning and Zoning after 73 and 74.
Mr. Prentice Rasheed: Ladies and gentlemen of the Commissioners, the Mayor,
Commissioners, and participants. I've come here today, my name is Prentice
Rasheed, I'm the Miami AMCOP chapter chairman, and many other things I guess
you might know of in America these days, from coast to coast, and because of
the situation that took place in our community, I am told that I have a lot of
recognition for that. It's not nothing that I go around applauding myself
for, because I'm here today to make a particular type of a request and
presentation, in reference to some of the things that have taken place, that
we've been trying to prevent over the years, that is continuing to operate.
And until we correct these problems, we're going to have some more Prentice
Rasheeds, and some more other kind of people that we don't wish to have in
this City, nor in the United States of America. We can prevent that. I come
here today, not to tax the taxpayers, myself or any of us, any more, but to
help to eliminate or alleviate some of the burdens on those taxpayers. And
this situation that we are presented today, I have made a proposal - I don't
know whether the Mayor has it; he was at our merchants' meeting this past
week, and I gave him a proposal. I don't know whether the Commissioners have
it or not, but in case they don't, I will read it. Before I do, I'd like to
read one of the things that I made from the Atlanta Constitution, that was
quoted in our Merchant Association meeting at the - what do they call it? -
the Model City Edison Merchant Association. This is... the statement is:
"The government responded Wednesday to Rasheed and the public outcry at a
meeting of about 30 Liberty City merchants. Miami Mayor Xavier Suarez called
the break-in situation at Rasheed's store 'embarrassing'" - that's a quote -
"and promised that the area soon would have a new police station...
substation, to bring police officers out to the community, forcing them to
redeploy themselves." Quote.
Mayor Suarez: Let's hold you there, if I may.
Mr. Rasheed: That's a quote.
Mayor Suarez: Because we have another item...
Mr. Rasheed: OK.
Mayor Suarez: ...that has to do with that issue.
Mr. Rasheed: OK.
Mayor Suarez: Do we... can we get a report, Don, Mr. City Manager, anyone, on
the substation in Liberty City?
Mr. Odio: Yes, we have people here that will report on these two substations,
if you're... it's in the agenda.
212 December 11, 1986
Mayor Suarez: How about a 20-second report? When are we going to have it,
that's what we want to know. When is it going to break ground, when is it...
when do we do out for... there's a scheduled agenda item on this issue?
Mr. Odio: Yes, there is.
Mr. Dawkins: Yes, sir, I put it on.
Mayor Suarez: And there's no one that can tell us?
Mr. Odio: Yes, there is, sir.
Mayor Suarez: All right, go ahead, Mr. Rasheed. It will take a while,
apparently, to get somebody. Something that should have been done a while
ago.
Mr. Rasheed: OK. "The Mayor, Mr. Suarez, also suggests that publicity over
Rasheed's plight could be channeled to helping revitalize the predominant
Black neighborhood businesses here, to provide more jobs, and help cut down on
crime," which I would agree. "'We want to work with you specifically,"' -
quote - "Suarez" - Mayor Suarez - "told Rasheed, who had lost about $4,600 in
ten burglaries. 'We will go to whatever banks it takes to make sure you get
your business back on line. You are a symbol now, and we are going to try to
use that as best we can. "' I could appreciate the Mayor saying that, and I
support that, and I do have a presentation to make. But on the statement that
I was making about the effort that we want to help bring economic development
to the striving poor in these areas, that our support of the Black area,
ghetto area, and I believe that the Commissioners and the Mayor of this City,
the government of this City and County, have a responsibility, as elected
officials, to see that they remove the ghettos from the area, so that we don't
have these poor areas, that threaten all humanity and our society, whether you
be far away or nearby. The proposal that I proposed to the merchants and to
the Mayor and the City of Miami, is this: Based on my notoriety and
involvement in this crime prevention methods, that I've took upon myself at
times, to help protect my lifeblood, my business, and those things that I
consider to maintain my existence on this Earth, I made a proposal, based on
some conditions from the incident that took place in my store. And it reads
"Community Financial Proposal," and "To Whom It May Concern:" particularly the
government - City government of Miami, Florida:
"This is an appeal and request to the Mayor and the City of Miami
Government. I, Prentice Rasheed, the Amcop Miami Chapter, Incorporated,
which is a Non -Profit, or not for profit, Collective Buying Program,
designed to help establish for profit business(es) for the striving
poor" -
Those people that are having a hard time opening businesses, I work in a
of a way to help bring them into some type of economic development,
showing them, working with them hand -in -hand on a day-to-day level, to help
bring this about. I want you to know, before I could tell you, that I'm not
here, again, to ask for a handout or any kind of gift. We're going to present
what we're doing here as a situation that can be taken care of in the fullest
sense of a loan, or some kind of support that we can get business back on
line.
"I would like to propose, present, and request, of the City of Miami, a
ten-year loan; this is a loan with a low, two percent interest rate,"
which could be changed, "for the purpose of helping the poor merchants,
which the banks and insurance companies have declined, and proclaimed us
as 'high risks" based on the normal or high standard that the Government
has set for making loans, and to sell responsible insurance coverage in
that area.
"Because our situations are below normal," speaking of the Afro-American
people, the general Black community, the ghetto area people there, "we
haven't the proper people to represent us in our poor situations, in this
Government. In the United States of America, we find it necessary,
(since the City governments have directly contributed to our below -normal
hardship situation) where we do not qualify to get a normal loan, then we
request that the City Government help us correct our situation by
granting us a direct loan in the sum of One Million Dollars.
213 December 11, 1986
"I, Prentice Rasheed, the Miami Amcop Chapter Chairman, will directly and
absolutely be responsible for paying all and every penny of this, our tax
payers' money backl
"I, Prentice Rasheed, is now in the process of making a movie, doing a
tour, recordings. I would like to turn those financial rights over to
the City of Miami for the sum to cover this One Million Dollar Loan.
Ninety-five percent of all income beyond and above the loan debt will and
shall be the profit of Prentice Rasheed with five percent to go to the
City of Miami."
This is a proposal. I'll continue.
"These loans should help provide jobs and relieve the young men and women
from having to sell drugs and commit crimes. This effort should be
looked on in the light of all those young men and women that have lost
their lives because of the lack of economic opportunities. We the people
in this community want to do all we can to help the 'HAVE NOT PEOPLE' and
the striving poor."
So, this is my proposal, along with some other proposals that I do have about
creating jobs. But if the Mayor or the Commission would like to comment on
that, I would like to also present another proposal, which...
Mayor Suarez: Well, the other one you have, you're going to have to leave for
another public appearance, another personal appearance, because it's complex,
if it's the same one you presented at the Merchants' Association meeting, and
includes some interesting items. Let me tell you, since we talked that day,
you have set a lot of things in motion. This Commission today approved the
lending authority to Miami Capital for the Bayside Minority Program, which is
a total of a million dollars, which was previously held up, as I mentioned to
you that night over there, and could be in some way related to your efforts
and the impetus that you have given. Mr. Herb Bailey is going to make a
presentation... the City's going to make a presentation, to private banks, to
help us put together a housing superfund, so we can do a lot quicker what
we've been doing all day today, which is approving a variety of home ownership
programs in the City of Miami - something that, again, was never done before,
and that presentation is going to be made on the 19th to four of the principal
banks, the 19th of December. The other idea that we threw around that day at
the meeting is a little tougher to implement, which is an inventory loan, or a
fund for loans for inventory for Liberty City merchants, and I had hoped to
make a presentation to private banks on that in December; it's been postponed
till January, so I can't promise you anything on that. But I will, after
December and January, make that presentation, and ask precisely for the figure
you're talking about, of a million dollars. Some of these things take a
little bit of time. But it would never take the form quite like you have
proposed; you know, it would never be a loan directly to you, but it would be
a loan to the Liberty City merchants, including your store. And, by the way,
I went by your store that night, and they told me you had a new alarm, and I
tested it out, and it didn't work.
Mr. Rasheed: I'm not the lawman. I don't install them.
Mayor Suarez: Is that alarm supposed to be audible right there at the store?
Mr. Rasheed: It's supposed to be on, and it's supposed to be audible. I
don't know what you have to do to get...
Mayor Suarez: But audible right there - you would hear it right there, if it
went off, right there in front?
Mr. Rasheed: Oh, yeah, it's got a siren, I think.
Mayor Suarez: Because they said, "If you touch that glass, it's going to go
off," and I banged the glass, and it didn't go off.
Mr. Rasheed: I'll have to call my alarm firm, and we have to test it again,
the wires and everything.
Mayor Suarez: Please don't get broken into anymore. Remember, made you an
offer: if you tell me how much the steel shutters will cost you, I'll get you
the money for them.
214 December 11, 1986
Mr. Rasheed: That's right, the Mayor did.
Mrs. Kennedy: Mr. Mayor, I'd like for the City Manager to look into this
request, and then come back to us with the recommendation. Mr. Manager?
Mr. Odio: Yes, air. Yes, ma'am.
Mrs. Kennedy: OK.
Mr. Rasheed: Also, I ask one thing, too. The holidays are here. I don't
know if these are... there's a lot of the peddlers out there on the streets.
You know, we have a lot of people in this area. We say it's not high crime,
it's not as bad as some other areas, but yet and still, we have a lot of young
men and women out there that are selling drugs and so forth. There's too many
for... I mean, any drug pusher's too many in the City. The thing that I'm
looking at here is that you've got a lot of people that will go out and sell
two or three cases of apples, that they can invest $25 or $50 in, and they can
make some holiday money, but because the City peddler's license, I think, is
nearly $400, that you've got to almost be a wealthy man to deal and sell a
sack of limes on the street. So, I would like to see that, if you could make
some kind of an interim, short-term permission, through the government here,
that those peddlers would have permission for 30 days till this is looked
into, for the governmental point of view, that you can make some kind of a
different situation, that they can go out and sell without being harassed by
the local law enforcement officers, which is trying to earn, at least, a
decent living. What I'm...
Mayor Suarez: You're talking about street peddlers?
Mr. Rasheed: Street peddlers.
Mayor Suarez: Yeah, we have a horrendous structure of licenses, and I... Mr.
City Manager, many months ago I'd asked to have that analyzed by the City,
because I know that Hialeah - or I was told that Hialeah - charges businesses
on their occupational licenses on the basis of square footage, and that would
be a very small sum for a street peddler, who has to be moving all over the
place. And instead, they're having to pay $200 and $300, and lawyers pay $35.
That's what I pay, I believe. And it's just... it's a backwards type... and
it's double, because the County imposes the same license fee, and it's just
another tax, as far as I'm concerned; it should be eliminated, but, at the
very least, if we can make it more progressive, or more just, or something,
that we're going to look at. And I promised that we would do that, too, Mr.
Rasheed. That was the second part of your presentation, and you're welcome to
come back and make another personal appearance, so we can move on your
proposals.
Mr. Rasheed: Well, I would like, before I leave, Mr. Mayor, to at least... I
hope that you all can make that decision before... you've got about twelve,
eight, days before the holidays, and those people would be part of the "have
not people," may go to something else. I mean, we want to solve our problems,
you know.
Mayor Suarez: A moratorium on occupational licenses in the Liberty City area?
Mr. Odio: I will have a report. We've been working on these licenses, and
the fees, and we will have a report in January for the Commission on that.
Mr. Rasheed: It could be supervised through tLe merchants, or through the
Chamber, in the Liberty City area.
Mayor Suarez: It takes a change in the ordinance. There's no way we can do
it. It would be unfair if it's not applied to the whole City. As far as any
kind of harassment that... to the peddlers, we've had that situation with the
street peddlers in Little Havana, and we worked with the Police Department -
this was before I was elected - and we worked out a compromise so that they
understand what licenses they need to have, and how they have to abide by the
law, and they're still out there, selling flowers and fruits, and whatever.
So that can be worked out with the police, if there's any harassment. But as
far as the occupational license, I don't think there's any way we can solve it
before the end of the year.
215 December 11, 1906
Mr. Rasheed: In comparison to those other guys that's peddling out there, you
know, you drive your car down the street, you see you're getting a lot of
people run to your car, selling drugs. So, they're operating, but I don't
think nobody's saying, "Hey, you know, you can't... you don't have a license
to sell drugs out here."
Mayor Suarez: Well, we'd get them for that, too, if we had... if that was the
only reason we could get them for, we'd arrest them for that, too.
Mr. Rasheed: Well, I was hoping that we'd take us some money back to the
merchants and the people in that area, because I know they're going to be...
well, they'll survive, but the ideal is that we'd like to improve, you know.
Mayor Suarez: Thank you for your presentation. We're moving a lot of your
initiatives.
Mr. Rasheed: So, what I... well, let me ask you about...
Mayor Suarez: And come back in January, and make another personal appearance,
because there was a couple of other ideas you had in your other presentation
which are interesting.
Mr. Rasheed: Yes, sir.
Mr. Dawkins: Before you leave, I want to let you know, you are correct. Your
area is not receiving the police protection the rest of the areas are
receiving. I asked for and received a report from the Police Department, OK?
In zone 10, where you are, there has never been more than four police cars.
In zone 20, up where the Northeast section, there's always six to eight patrol
cars, OK? Now, also, they've got a special detail in Tigertail and Bay
Heights, and you can't tell me that the many times that you were broken in,
that it took a Ph.D. to assign a special detail to your area. And I don't
understand why the Police Department, sir, has not taken the people from the
daytime, when no stores were being broken into, and put them on the night
shift, sir, when the break-ins were. So, somewhere along the lines, you are
correct, you and the rest of the merchants. You have not been serviced, and
I... we plan to see that you get the service, sir.
Mr. Rasheed: I appreciate that note, Miller... Commissioner Miller Dawkins.
Mr. Dawkins: No, Miller - Miller Dawkins; he hasn't got no Commissioner.
Mr. Rasheed: But, I mean, that's the kind of attitude that I would like to
see all the Commissioners take, because when you see the City operating an
area that is dominated by bad things, in the media, and so forth, and the
representatives just sit here and see those statistics, and don't do anything
about it, that it has to come from... naturally, the community should respond
with something to their representatives, but I think this situation was so
bad, like I've heard other officers... there's only four officers out here,
running this whole thing. Many of them are fearful of operating out there
alone like that. I think that somebody should take that as a serious note.
Mr. Dawkins: And I also agree with you, that I myself, just like you, I'm
tired of seeing in the newspapers every morning, that they arrested 300
purchasers. Why in the hell don't we arrest 300 sellers? See, quit arresting
the buyers, and put the people in jail who's selling!
Mr. Plummer: How about let's doing both?
Mr. Dawkins: Well, do both, I don't... but, Commissioner Plummer, I never see
in the paper where they picked up 300 sellers. It's always some glorified
numbers that gives a lot of statistics, and it looks good in the paper, that
"Oh, we made a bust, an inverse sting, and we arrested 300 people!", and all
these people are just buying. Well, what about the 300... they had to be
buying it from somebody! Well, what happened to those individuals?
Chief Clarence Dickson (Chief of Police): I would like to tell you,
Commissioner.
Mr. Dawkins: Well, somebody... no, no, I don't want you to tell me - I want
you all to do it. Don't r.obort5 Loll me nothing! Get it done, and then bring
it back to me, Mr... Mr...
216 December 11, 1986
Chief Dickson: You want us to change our sting operations, Commissioner
Dawkins...?
Mr. Dawkins: Yes, sir, I...
Chief Dickson: ...and discontinue what we're doing in fighting narcotics?
Mr. Dawkins: I wouldn't care... yes, sir. Yes, sir, I do. I'm tired of... I
mean, I'll go with you right now, I'll leave the Commission meeting, and get
in my car - no, I'll go get my wife's car, because they know mine. And you
pull off your hat, and put on a pair of sunshades, and they would run drive up
to the car and try to sell us drugs.
Chief Dickson: Commissioner Dawkins, this Commission asked the Miami Police
Department to do something about drugs, about the first part of 185, when the
Liberty City people came down, and made that plea, and we came up with a plan,
that is unprecedented throughout the United States. What we're doing is being
adopted by police departments throughout the country, because we were the only
police department with the guts to go out there and do what we're doing, and
risk the repercussions of the community, as well as the risk that the
Commission was taking by allowing me to do that. I commend the Commission for
sticking with me, and allowing us to do these stings, but to stop now, when
we're at the highest level success that we've ever been, would be a mistake.
And yes, we have arrested 200, 300 people. We have arrested 2,500 people
within the last year. Unprecedented. But you have people who are coming in
to buy drugs from all over South Florida, into the Black community. Those
people was on the demand side. We're also arresting people on the seller's
side. This is a very well laid -out plan; it's working, as now, I have been
told by many people - I ride the streets myself - that "Chief, I did not
believe it could happen. I did not believe that you would be able... a police
department would be able to do anything about drugs on the street, but I see a
difference." And I challenge the Commission to go out with the Police
Department...
Mr. Dawkins: Oh, no you don't - ain't no Commission, it's me. I'm the one.
Now, see, you didn't hear nobody up here say nothing but me, so don't
challenge the Commission, challenge me.
Chief Dickson: Well, I challenge you, Commissioner Dawkins, to go out on the
street, and watch the operation; if you have done it already, I ask you to do
it again, because if you saw the effect that we are having on the streets, and
taking back the streets from the drug pushers, I'm sure you would change your
mind.
Mr. Dawkins: Chief,...
Chief Dickson: To stop what we're doing now, to discontinue the sting
operations, would be the most glorious and helpful thing the pushers could
ever want, on the streets of Miami.
Mr. Dawkins: There's nothing wrong with having the sting on the pusher! You
don't have to continue to have the sting on the purchaser. That's all I'm
trying to say, Chief. All I'm saying to you is, get some of the guys who's
selling,...
Chief Dickson: Commissioner Dawkins, that's...
Mr. Dawkins: ...and let me... you know... you know...
Chief Dickson: ...that's the first thing that we do is, we have to arrest the
pusher and get him off the streets, before we can take over the streets, to
handle the corners, where people are coming from as far away as Broward County
to buy drugs - we don't want them coming to the City of Miami to buy drugs.
The pushers are arrested first! We are arresting the pushers. We're taking
the streets.
Mr. Dawkins: Well, I don't see that in the paper. I don't see where you
arrested 200 pushers.
Chief Dickson: Yes, sirl The pushers are the first people that we make the
arrest on. To understand the process of the sting operation: we have to go
217 December 11, 1986
in first, arrest the pushers, take them off the street, and drop our own
undercover police officers there, where the pushers were, and then we take
over the streets. And at that time, these people who drive in from as far as
50, 60 miles away from the City of Miami, who think this is a drug flea
market, where anybody can come in and buy drugs, we're sending a message to
them, that, - don't come into the City of Miami and think that it's an open
market, that you can drive to any street corner and buy drugs, because that
has ended, to a great extent - it is not the same as it was before.
Mr. Rasheed: May I ask the Chief two questions?
Mr. Rasheed: First of all, I'd like to know, what about arresting the guy
that ordered the shipload of dt•-gs that's $250,000,000
Mr. Dawkins: He can't get to that. He can't get to that.
Mr. Rasheed: I hear that they say,
today." Who ordered that many drugs?
free!
Mr. Odio: Police Chief, wait a minute.
"We got $300,000,000 worth of drugs
Nobody picked opium and marijuana for
Chief Dickson: Let me answer that question.
Mr. Odio: Wait, wait, let me answer, please.
Mr. Rasheed: And what about the shipload of stuff that come in? I mean, they
could bring an atomic bomb here.
Mr. Odio: Mr. Rasheed, the president of the United States created a Task
Force, with all the enforcement officers he could find, with the vice
president of the United States at the head of it. Why don't you ask him what
he's done about it, too? We are a very small municipality as compared to the
United States government, and we're trying very hard, sir.
Chief Dickson: And I would like to...
Mr. Dawkins: The Chief is doing a good job with what he has, OK? I mean, I'm
going to tell you that. I have no problems with that, because I have seen...
and the men are cooperating with the Chief, because the Chief has to take,
with those stings, sometimes it's with the motors, where guys off of motors
have worked all day, and then they go on the stings. Sometimes it's guys from
other departments. But being out there, and I go out there with them, I mean
I'm just tired of seeing the statistics in the paper, what look good, and look
wonderful, that we got all these arrests, and we do it every day. So,
somewhere along the line, Chief, we've got to find a way to get 200 pushers.
Chief Dickson: Mr. Commissioner, I keep saying, the pushers are the first
arrested. And I'm also saying that the City of Miami, and that's just how
much drug pushing has been going on here for a long time. And I'm telling you
now, that more people have to be arrested. The courts, the police, all we can
do is try to control the streets and take back the control of the streets.
We're doing that like no other City in the country. We are being given credit
for that, by every major city in the United States, except the City that we're
serving. This City don't appreciate what the Miami Police Department has been
doing! I wish it would.
Mr. Dawkins: Yes, they do, Chief. I can't let you say that, because you have
been told numerous times by citizens in this City that you're doing a damn
good job.
Chief Dickson: What I'm saying, Mr. Commissioner, is that...
Mr. Dawkins: Now, you have been told... haven't you been told that, sir?
Chief Dickson: Well, we have received an equal amount of criticism as
well,...
Mr. Dawkins: Well, hell, sure - my wife loves me, and she criticizes me every
day.
218 December 11, 1986
Chief Dickson: ...and duly so, and I would say that we deserve an equal
amount of criticism. But I'm very... you know, I'm respectful to this
Commission, and I certainly know that I'm only the Chief of Police, but this
is an area, that we're talking about now, that I feel very, very strong about,
as it relates to my profession and knowledge about crime that's going on on
the street, and the sting operations is the best thing that has come along in
a very long time. And to have me to go back and tell my men that we will no
longer do the stings, would be a drastic mistake.
Mr. Dawkins: Nobody said not to do the stings.
Mayor Suarez: Nobody said that, nobody said that. We...
Mr. Dawkins: What we said was, reverse the stings and arrest more pushers.
Nobody told you to stop the stings.
Chief Dickson: OK, well, that's... I understood, but that's what the sting
is. The sting is arresting pushers, addressing the narcotic area from the
supply side and the demand side.
Mayor Suarez: You've explained that, and it has been very successful, and it
has put us in the forefront throughout the nation, as reflected by the Task
Force we attended in Washington... in New York. Mr. Rasheed....
Mr. Rasheed: I have one more question to ask you. What are we going to do,
as we was indicating... the Commissioners were indicating that there's not
enough police protection in that particular area. What can be done there,
that we can...
Chief Dickson: OK, Mr. Rasheed, one thing I want to tell you, is that the
Liberty City area, where your business is located, has the lowest crime rate
in the City of Miami, OK? I think that the incident that occurred some time
back, where your store was assaulted three or four times within a period of
time, was an oversight or something, because we should have been able to get
in there and set up something, to do something about your store. However, it
did not get to us in time, and had you come to the City Commission, and not
the County Commission, we might have got on it, but that's not your fault; you
just didn't know where to go at the time. But the point is this, that the
kind of protection that the business people in Liberty City has been getting,
where your store is, have had a successful sale down there, to prove that
crime is not rampant in that business district, to try to uplift the image of
that area where your business is. It was a successful day. We have looked at
the stets, we have had the horse patrols there, we've had walking beats there,
we've had our regular patrol people there; they have been successful. There
are no rash of armed robberies like it used to be, with people walking in with
guns, holding the businesses up. There's been no killings in Liberty City, of
businessmen, people walking in and taking over, like they used to. There's
been a great improvement. It is a safe place. You've got to tell people it's
a safe place, because it is a safe place! And the burglaries, commercial
burglaries, are happening throughout the City. The area that you're in have
less commercial burglaries than other areas in the City. That should also be
said to this community and to the nation, that it is not a crime -ridden Black
community, where businessmen are trying to advance themselves. What should be
portrayed is that the police and the citizens have successfully, drastically
reduced the crime in that particular area, because we promised to do that and
it was done, with the exception of the misfortune that you had. And more
police - if I had more police, believe me, there would be more police to
distribute; but everyone in this City is asking for more police. You have...
the number of police officers in Liberty City is a - I hate to say more than
what, you have because then I'll hear from everybody else in the City - but
there are sufficient, and they have done the job good enough to make that area
the safest area in the City of Miami. And that should be said, but it's not.
And what can we do about drugs coming in across the waters, by the millions of
tons? We can't do anything, because we're just a municipality. We're a city
police department. I do not have the connections to deal with the cargoes and
the airplanes that's coming over; that's the... the only people can help us
with that is the United States Army. and Navy, the Marine, and those people.
But when they hit the streets of Miami, then we can get out there and deal
with them, the way we have been doing over the past two years, especially over
the past year.
219 December 11, 1986
Mayor Suarez: OK, Chief, that you. Thank you, Mr. Rasheed. (APPLAUSE) The
statistics that were referred to should... it should be mentioned, reflect
reported crimes in different areas, and there are areas of Miami which tend to
report crimes a lot more than others, so that is a small qualification.
------------------------------------------------------------------------------
75. DENY FUNDS FOR WATTS -UP, INC. FOR "MIAMI MUSIC CELEBRATION."
-------- ---------------------------------------------------------------------
Mayor Suarez: In any event, Item 74. Let's finish the personal items. Do we
have anyone here? Item 74? Make it very quick, please; we're going to go
public hearings, and then Planning and Zoning.
Mr. Michael Watts: Mr. Mayor, Commissioners, my name is Michael Watts. I'm
the president of Watts -Up, Incorporated. I will be as brief as possible,
because I know you are under a terrible time constraint, but I do want to take
a minute, and thank you for hearing us out. I currently produce some events
in the Detroit area, one of which is called the Budweiser Downtown Hoedown,
which is the largest Country Music event in the world. It last year drew over
721,000 people into the downtown area; and I initiated last year a new event,
called the Motor City Music Celebration, which, for the first time and the
fact that we had rain, did very well, too; it drew.over 400,000 people into
the downtown area. We are proposing to bring this type of event, the
celebration, which would be called the Miami Music Celebration, and would take
place over Easter weekend, April 17th through 19th, 1987, to Bicentennial
Park, in downtown Miami. We feel that this event has great potential, because
it's very... the situation here is very similar to the Detroit market.
There's a great amount of redevelopment downtown, I think there's a great
desire here to revitalize the downtown area and get people into that area
again, on a more regular basis, and this is the situation that took place in
Detroit.
Mr. Plummer: Isn't this for profit?
Mr. Watts: Hopefully it will be, yes, absolutely.
Mr. Plummer: Well, if you're for profit, what are you coming to us for asking
money for?
Mr. Watts: Well, I was going to explain that very briefly here. This event
is designed to incorporate all aspects of the City, and actually be your
event, even though we are the initiators of it. We will provide the funding
for the entertainment and the production, and the promotion of this through
corporate sponsorships, including local media and local corporations.
Mrs. Kennedy: How much are you asking for?
Mr. Watts: We're asking...
Mrs. Kennedy: How much are you asking from us?
Mr. Watts: We're asking for $20,000 to be allocated, to cover some of the
expenses that will be incurred in relation to the event, in the way of the
City police, the fire - I'm sure you're familiar with most of those events and
permits - and we also have in our proposal a way for the City to recoup that
money and to make a profit off of it as well. We're just looking for the help
to get this event off the ground, so that we can, hopefully, establish a
relationship with you, possibly do more events in the future, and make this an
annual event that will, hopefully, bring Miami some national and international
recognition. Our other events have been covered in national and international
editions of U.S.A. Today, have been on national television, and we feel that
we can do that here in Miami, and with the timing of our event, which is
during the Easter break, we think that we'll draw a lot of people into the
Miami area who might not normally come to this area at that time.
Mayor Suarez: On the assumption that this Commission will not give you any
monies, and I think that's a pretty good assumption, we're trying to put
together an event called Light of Miami, and Y-100 is funding some music, or
proposing to fund some music festivals, or musical events as part of that, and
you might want to check with my staff on that.
220 December 11, 1986
Mr. Watts: Well, we have talked with them. We have also talked with PACE,
and they're... we have...
Mayor Suarez: But all with private funding, no public funding.
Mr. Watts: Yes.
Mayor Suarez: We don't... we just don't have it.
Mr. Watts: Well, I understand, but we said, we'd hope that you would recoup
this, and a profit, under our proposal.
Mayor Suarez: We're not in the business of trying to make a profit from
musical events. That's just not what the City does.
Mr. Watts: Well, this is a special event. We'd hoped that it would be of
benefit to the City. Thank you.
Mayor Suarez: All right. We've had a lot of presentations today, each one of
whom... you know, each presenter believes theirs is a very special one.
Mr. Plummer: What is the recommendation of the Manager?
Mr. Odio: I guess to Watts -Up, I have to say...
Mr. Plummer: I move to uphold the Manager's position.
Mr. Odio: Watt's down. Can't recommend this at all.
Mayor Suarez: Recommendation's against.
Mr. Plummer: I move to uphold the Manager.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-1031
A MOTION UPHOLDING THE CITY MANAGER'S RECOMMENDATION FOR
DENIAL OF REQUEST RECEIVED FROM WATTS -UP INC. FOR SUPPORT
OF THE "MIAMI MUSIC CELEBRATION" AT BICENTENNIAL PARK.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
Commissioner Joe Carollo
NOES: None.
ABSENT: None.
Mayor Suarez: The person on my staff that's coordinating that other event is
right there, Esther Favole; you can talk to her about it.
Mr. Dawkins: Mr. Mayor, do we want to move 44, 45, 47 and 48?
Mayor Suarez: Yes, I...
Mr. Plummer: Let's do... why don't we do the...
Mayor Suarez: I wanted to...
221 December 11, 1986
Mr. Dawkins: Well, go ahead, what is it...
Mr. Plummer: Let's go do zoning and come back to that if we got time.
Mayor Suarez: All right, let's do the public hearings and then zoning,
quickly.
-6--------------------------------------------------------------------------
76. SECOND READING ORDINANCE: PROVIDE THAT COMMISSION ACTIONS PERTAINING TO
ZONING SHALL NOT BE RECONSIDERED SUBSEQUENT TO FIRST REGULARLY SCHEDULED
COMMISSION MEETING FOLLOWING DATE OF SAID ACTION.
Mayor Suarez: Item 87 is the ordinance that requires reconsideration to be
within a certain period of time. We voted for it.
Mr. Plummer: Which one is that?
Mayor Suarez: The second reading, Item 87, of the ordinance on rehearings of
zoning items.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE PROVIDING THAT ACTIONS OF THE CITY
COMMISSION RELATED TO THE DENIAL OR APPROVAL OF
APPLICATIONS PERTAINING TO AMENDMENTS TO THE ZONING
CODE, COMPREHENSIVE PLAN, OR ELEMENTS THEREOF, SHALL
NOT BE THE SUBJECT OF A MOTION TO RECONSIDER WHICH IS
MADE SUBSEQUENT TO THE FIRST REGULARLY SCHEDULED CITY
COMMISSION MEETING FOLLOWING THE DATE SUCH ACTIONS
HAVE BEEN TAKEN; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 23, 1986,
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. 10190.
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.
222 December 11, 1986
77. CONFIRM ORDERING RESOLUTION FOR CONSTRUCTION OF EAST LITTLE HAVANA
HIGHWAY IMPROVEMENT PHASE II
Mayor Suarez: Item 88. How many people are here to be heard on Item 88? (NO
RESPONSE) Guess that just about says it. What is this, a...
Mr. Dawkins: Move it.
Mayor Suarez: Sealed bids for construction of East Little Havana Highway
Improvement, Phase II. Let the record reflect that no one has stepped forward
for or against this item. Don, you may have an easy one for a change.
Mrs. Kennedy: Second.
Mayor Suarez: We've got a motion and a second. Any discussion? Call the
roll on Item 88.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-1032
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 86-898
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF EAST LITTLE HAVANA
HIGHWAY IMPROVEMENT -PHASE II IN EAST LITTLE HAVANA
HIGHWAY IMPROVEMENT DISTRICT -PHASE II H-4528.
(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. CLARIFY ORDERING RESOLUTION FOR CONSTRUCTION OF EAST LITTLE HAVANA
HIGHWAY IMPROVEMENT PHASE II.
Mayor Suarez: Planning and Zoning Item 1.
Mr. Sergio Rodriguez: Item PZ-1 is, basically, on December 1st of 1986, the
Regional Planning Council decided not to appeal the development order on this
issue. If you pass a resolution today, clarifying that you will comply with
the requirements of the Florida Statutes, and we have a resolution in front of
you. It's noncontrcversiLl, it's a simple item, it's basically a housekeeping
amendment.
Mr. Plummer: What did I do with my other agenda? Give me a zoning agenda;
I've misplaced mine.
Mayor Suarez: We're all looking for our Planning and Zoning agendas.
Mr. Rodriguez: Oh, I'm sorry.
Mr. Plummer: I know I had it.
223 December'll, 1986
Mayor Suarez: I'll share yours; I can't find mine. It was around here
someplace.
UNIDENTIFIED SPEAKER (OFF MIKE): Here. Here are some agendas.
Mr. Rodriguez: You want me to repeat again, what I said? This item basically
is...
Mr. Dawkins: OK, thanks. Thanks, Bob.
Mayor Suarez: This is a Worth project.
Mr. Rodriguez: It's, basically, there was a statement on the development
order, that the Regional Planning Council felt that if we don't clarify with a
resolution, saying that we agree to comply with Florida Statutes, they
might...
Mayor Suarez: In what respect did we not agree to comply with Florida
Statutes the last time we heard the Worth project...
Mrs. Dougherty: We did agree to comply, that...
Mr. Rodriguez: We did agree to comply, but..
Mayor Suarez: Well, in what respect do they want a clarification?
Mr. Rodriguez: As to the termination date.
Mrs. Dougherty: They just want a statement...
Mayor Suarez: As to what?
Mr. Rodriguez: The termination date of the project.
Mayor Suarez: The termination date?
Mr. Rodriguez: Yeah.
Mr. Anthony J. O'Donnell, Jr.: Mr. Mayor.
Mr. Rodriguez: Termination date.
Mayor Suarez: What's the clarification they want?
Mr. Rodriguez: Basically, in the resolution you are saying that you will
comply with the Florida Statutes as to the substantial deviation requirements,
and that should be enough, and that will be enough for them. In that way,
they will not appeal the case.
Mayor Suarez: You're here on behalf of Miami Center... whatever the technical
name is?
Mr. O'Donnell: Yes, Mr. Mayor. For the record, Tony O'Donnell, 1401 Brickell
Avenue. The Planning Director is correct. This was simply a request by the
Regional Planning Council to make it part of the record, that there was no
intent not to come back to the City Commission if there was going to be any
extension of the termination date, beyond that which is contemplated by
Chapter 380. So, it's simply a clarification of that, for the record.
Mayor Suarez: I'll entertain a motion to approve the...
Mrs. Kennedy: Move it.
Mr. Plummer: Well, let me ask this question. Sergio, just so I'll know, what
happens if we don't approve this?
Mr. Rodriguez: They might want to appeal the development order.
Mr. Plummer: Who might want to appeal?
Mr. Rodriguez: The Regional Planning Council.
224 December 11, 1986
Mr. Plummer: And you're saying we're better off approving it?
Mr. Rodriguez: Basically, this is a housekeeping item. In my opinion, what
is happening, they want to make sure that in the statement that you have in
the development order, you are agreeing to comply with the requirements of the
Statutes, and you agree, basically, with the development order. It's just a
matter of language that will be more clear, to their satisfaction.
Mr. Plummer: Move 1.
Mayor Suarez: We had a motion, I think. Now we have a second?
Mr. Plummer: Oh, I'm sorry. Fine.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-1033
A RESOLUTION CLARIFYING INTERPRETATION OF "FIGURE 7 MIAMI
CENTER I/ONE DUPONT PLAZA TIMELINE," AS REFERENCED IN
CONDITIONS 24 AND 28 OF THE DEVELOPMENT ORDER APPROVED BY
RESOLUTION NO. 86-828, TO CONFIRM THAT THE TERMINATION
DATE SET FORTH IN SECTION 6 OF SAID RESOLUTION SHALL BE
SUBJECT TO THE SUBSTANTIAL DEVIATION PROVISIONS OF SECTION
380.06(19), FLORIDA STATUTES (1985 & SUPP. 1986).
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
79. APPROVE IN PRINCIPLE THE DUPONT AREA REDEVELOPMENT PLAN.
Mayor Suarez: Planning and Zoning Item 2. This is the master plan?
Mr. Rodriguez: This is the Dupont Plaza Redevelopment Plan. You have been
presented before with information on this. I don't know if you want to go
with a complete presentation of the whole thing all over again, in detail.
The only thing that I want to make you aware of, where we are in the process.
We went to the...
Mayor Suarez: I thought we didn't do very well with the County, now.
Mr. Rodriguez: We didn't do very well with the County. We got a four -to -four
vote not to approve it. It was...
Mayor Suarez: Four...
Mr. Rodriguez: Four to four.
Mayor Suarez: Who was missing?
Mr. Rodriguez: Schreiber.
225 December 11, 1986
0
•
UNIDENTIFIED SPEAKER: Mr. Schreiber.
Mayor Suarez: Can we bring it back up? Is it complicated to bring it back up
before the County, assuming that we approve it here?
Mr. Rodriguez: They sent it back to the Finance Committee for recommendations
on this and other tax increment financing districts. I think it will help if
there is some support from this Commission, more effective in supporting it.
Mayor Suarez: And that's what you're asking us to do today, basically?
Mr. Rodriguez: Today, what we're asking you to do is approve the
Redevelopment Plan, so that we can proceed with the process that we have to
do, legally. Already it went to the Planning Advisory Board, was approved.
It went to the...
Mr. Plummer: Move Item 2.
Mayor Suarez: Moved.
Mr. Osmond C. Howe, Jr.: Mr. Mayor.
Mayor Suarez: Are you going to...
Mrs. Kennedy: Second.
Mayor Suarez: Are you going to speak against it?
Mr. Howe: I would like to make a comment on behalf of my...
Mayor Suarez: Give us your name and address.
Mr. Howe: My name is Os Howe, from 200 South Biscayne Boulevard. I represent
Southeast Financial Center, and I have a brief statement that I would like to
make, and...
Mayor Suarez: You filed one of those little registration forms with the City?
Mr. Howe: Yes, I have. If I may proceed. We were never contacted regarding
the creation of the Dupont Plaza Area Redevelopment Plan, or the creation of
the tax increment district. We have obtained copies of the plan and are
studying the plan, but we've been unable to reach any conclusions concerning
whether or not the Redevelopment Plan, as proposed, is viable, or can be made
viable, or whether the tax increment plan proposed is the best to proceed
with. So, we express no opinion regarding the qualities of the plan. We are,
however, disturbed that we may not be able to realize an equal voice in
achieving solutions for downtown, if the plan is approved and Southeast
Financial Center is excluded from the district. Accordingly, we are hereby
respectfully requesting that if the City Commission decides to support in
principle the plan, that it also agree in principle that if the owners of
Southeast Financial Center, after reviewing the plan, determine that it is
important for them to be included in the district, that the City will support
in principle, and not object to such inclusion.
Mayor Suarez: How can we include you retroactively? Your building is built,
and on the tax rolls already.
Mr. Howe: The plan will not be approved until it's reviewed by the County.
Mayor Suarez: Well, wait. The...
Mr. Howe: We would like for you...
Mayor Suarez: Does State law envision that possibility, of retroactively
including a building that's already on the tax rolls, for a tax increment
district?
Mr. Rodriguez: Because what you're doing is, you're freezing the amount...
Mayor Suarez: I know what we're doing.
226 December 11, 1986
Mr. Rodriguez: ...that you collect to a certain point. Any increases in the
assessable base after that point, is the one that will go into the district.
Mr. Howe: What we are talking about is...
Mr. Rodriguez: You understand?
Mayor Suarez: But when you include Southeast, you would not include the taxes
they're already paying.
Mr. Rodriguez: Right.
Mayor Suarez: In setting that threshold, or the floor.
Mr. Rodriguez: Right. At that point, any addition in the taxes, because of
the increase on the assessable base, will go into the district.
Mayor Suarez: What difference would it make to you if you're included or not?
I don't get it.
Mr. Howe: Let me continue, and I think I'll answer those questions briefly.
We offer for your consideration, that because of the size and location of our
project, we will be one of the property owners most affected, if not the most
affected, by the redevelopment or reconfiguration of traffic in the downtown
area. We may determine, pursuant to our review of the plans, that the
inclusion of Southeast Financial Center within any district that is created,
is the only way to assure that we will have an opportunity to participate, as
an equal property owner, with decisions that are made concerning the district.
Furthermore, if, as, and when the district is created, the inclusion of
Southeast Financial Center would have less impact to Dade County's tax rolls
than does the inclusion of Centrust, the four vacant parcels owned by Miami
Center Joint Venture; and as a result of the fact that we have been fully
assessed and taxed for 1986, and therefore our increment is far less than
would be expected from Centrust, which has not been assessed,...
Mayor Suarez: How much are you paying in taxes, just so people here have an
idea, on your building?
Mr. Howe: Several millions of dollars.
Mayor Suarez: Is that the highest taxed building in the City?
Mr. Rodriguez: I would probably say so.
Mayor Suarez: You don't know the figure?
Mr. Howe: Finally, it is imperative that the owners of Southeast Financial
Center pursue a continued involvement in the affairs of the Dupont Plaza area,
as a result of their obligations to the tenants, and by the requirements of
the ERISA laws, which constitute a major portion of the equity in the project,
and therefore, our pursuit of direct involvement in the affairs affecting the
Dupont Plaza area are imperative for us to pursue. And although we've not yet
sufficiently reviewed the plan to comment on it one way or the other, and we
obviously see some defects, and hope that a plan can be worked out, we
respectfully request that the Commission acknowledge this interest of
Southeast, and grant us the option of being included in the district, and
enjoy the support of the City in that effort, if that is determined to be in
the best interest of the Southeast Financial Center. Let me explain, that
what you're passing today is approval in principle of a concept that shows
that Southeast Financial Center has been carved out. We're not saying that we
want to be in that plan at this point, but we are in the process of reviewing
that, and are concerned because the Statute does not let people outside of the
district participate as part of committees that control and operate the
building.
Mayor Suarez: I'm not sure, practically, that it would make any difference.
Can you think of any way in which it would make any difference, as far as your
input? I mean, we'll take their input right at the Commission level,...
Mr. Rodriguez: I think that we...
Mayor Suarez: ...South Florida Regional Planning Council, etc., etc.
227 December 11, 1986
0
Mr. Rodriguez: There will be no problem.
Mayor Suarez: Downtown Development Authority.
Mr. Rodriguez: The final decision on this will be made by the County
Commission, as you know, and I think, at that point, my question was, of our
legal counsel, whether there will be any problem as to the process that we
have filed, or we're including them later on, and there seems to be no problem
with that.
Mayor Suarez: Can you do that within the timetable of going back to the
County for their approval? We don't even have their approval right now, and
you might... you do have our...
Mr. Howe: We would certainly expect to take a position, by the time the
County makes its determination of the plan. We are simply asking that you
don't pass something that has excluded us, when you don't really intend that
it makes much difference one way or the other to you whether we're in or not.
Mayor Suarez: OK. You understand, the only reason we've excluded you is,
you've already built your building and it's already on the tax rolls. There's
no intent to exclude you from any deliberations or determinations as to...
Mr. Howe: Having spent... having an investment of $250,000,000 already there,
we're vitally interested in people being able to drive to our building and
park, and this plan vitally affects that, and it may be a good plan, I can't
f
say.
Mayor Suarez: And you don't know, at this point, whether you want to be
included or not, so we're going to give you a little time before it goes to
the County, and certainly before we take any further action on this thing. We
don't...
Mr. Howe: Precisely.
Mayor Suarez: We're right at the first stage of this process. OK.
Mr. Howe: Thank you.
Mayor Suarez: Thank you, counselor.
Mrs. Kennedy: We approved the Omni plan. One of the reasons was because it
provided funding for the Exhibition Hall, and we're saying here that one of
the reasons for approving this is also to provide funding for the Exhibition
Hall. However, I see a lot of other reasons...
Mr. Rodriguez: Right.
Mrs. Kennedy: ...why we should do it, so I second that motion.
Mr. Rodriguez: In both cases, I think, you have reasons for approving them.
Mayor Suarez: What was the vote on the Omni plan, in the County?
Mr. Pierce: Four -two.
Mayor Suarez: Against?
Mr. Pierce: Four, on first reading, without a public hearing set for second
reading.
Mr. Rodriguez: If Phase...
Mayor Suarez: Four -two for?
Mr. Rodriguez: For.
Mayor Suarez: Well, so that...
Mr. Pierce: Well, you had... we had... there were two County Commissioners
who had conflicts of interest, and abstained from the vote on Omni.
228 December 11, 1986
Mayor Suarez: OK, so it was four to two in favor.
Mr. Pierce: Yes.
Mr. Rodriguez: Right.
Mayor Suarez: Does that pass, in the County, with four?
Mr. Rodriguez: Yes.
Mr. Pierce: Yes.
Mr. Dawkins: No. Would it? It did?
Mr. Rodriguez: Sure it does.
Mr. Pierce: It's a majority of those attending.
Mayor Suarez: Under their rules, it...
Mr. Rodriguez: They need an open hearing for the second reading of the
ordinance. The last time they can do this is December 16, and I haven't heard
whether they have included that in their agenda. If they don't do that, it
will not be on the tax... I mean, included before the December 31st deadline.
Mayor Suarez: All right, on Dupont Plaza Redevelopment district, we have a
motion and a second. Any further discussion? Hearing none, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1034
A RESOLUTION APPROVING, IN PRINCIPLE, THE DUPONT PLAZA
AREA REDEVELOPMENT PLAN FOR THE AREA GENERALLY BOUNDED ON
THE EAST BY BISCAYNE BAY; ON THE NORTH BY FLAGLER STREET
(EXTENDED TO BISCAYNE BAY); BISCAYNE BOULEVARD, SOUTHEAST
3RD STREET, SOUTHEAST 3RD AVENUE AND SOUTHEAST 2ND STREET;
ON THE WEST BY SOUTHEAST 1ST AVENUE, AND THE WESTERLY
PROPERTY LINE OF THE CITY OF MIAMI/JAMES L. KNIGHT
CONVENTION CENTER, AND ON THE SOUTH BY THE MIAMI RIVER; A
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF;
MAKING CERTAIN FINDINGS OF FACT AND CONCLUSIONS OF LAW;
RECOMMENDING APPROVAL OF THE DUPONT PLAZA AREA
REDEVELOPMENT PLAN, THE MAKING OF CERTAIN FINDINGS OF FACT
AND CONCLUSIONS OF LAW TO THE BOARD OF COUNTY
COMMISSIONERS FOR METROPOLITAN DADE COUNTY.
(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:
ABSENT:
None.
Commissioner Joe Carollo
229 December 11, 1986
---------------------------------------
---------------------------------------
80. SECOND READING ORDINANCE: CHANGE DESIGNATION OF APPROXIMATELY 3960-3998
W. FLAGLER STREET FROM MODERATE -HIGH DENSITY RESIDENTIAL TO GENERAL
COMMERCIAL.
------------------------------------------------------------------------------
Mayor Suarez: PZ-3.
Mr. Sergio Rodriguez: I think PZ-3 is...
Mayor Suarez: Good old Miami Comprehensive Neighborhood Plan, as applied to
3970 West Flagler, right?
Mr. Rodriguez: It's a second reading. You recommended, before, approval.
There was a recommendation of denial by the Planning Department and the
Planning Advisory Board, but I believe you recommended approval on first
reading.
Mayor Suarez: This is our third shot at this one.
Mr. Al Cardenas: That's correct, Mr. Mayor. Up to now, you've had 21 people
in the Zoning Board and Planning Advisory Board, and this Commission, vote on
the issue. Nineteen of the 21 people who had this presentation, made now for
the fourth time, this evening, vote in favor of changing the current zoning.
This Commission's had the presentation made twice before it. You have, on
both occasions, unanimously voted in favor of it. You now have before you
second reading on both the land use plan amendment as well as the zoning
change, and I'll be happy to refresh your recollection on the matter, if I
may. We had, on a previous meeting, presented to you...
Mayor Suarez: At your own risk.
Mr. Cardenas: Excuse me?
Mayor Suarez: At your own risk, if you want to...
Mr. Cardenas: No, I'll be happy to be short on the subject matter. Just... I
know you have a neighbor here who'd like to address you, and, of course, I'd
like to reserve the right to...
Mayor Suarez: Yes.
Mr. Cardenas: ...rebut.
Mayor Suarez: Rebuttal. We promised you this time we would hear you fully,
so... is there anyone else that wishes to be heard against the granting of PZ-
3? OK, it's all yours.
Mr. James R. Felton: Of course, my name, you might recall, is Jim Felton. I
live at 4031 West Flagler Street. I have been with this matter since 1985 -
Planning Board, Planning Advisory Board, City Commission, as it was before,
with the other lots the figure at this present time is a little bit different
than what was brought up over there. It has been voted down by the Planning
Board on numerous occasions. It was voted down originally by you as a
Commission, until it was amended, dropping off the parking lots. And I bring
again my concern - my concern, as it has been, is the addition of traffic
within the area. I can say this, without a word of reservation - which, of
course, cannot be officially stated - but two years from today, this same
piece of property will be before you for a change of variance, to do something
that has been done; it's happened so many times in the past...
Mayor Suarez: The old domino effect.
Mr. Felton: ...and it happens. It started years ago. It started with the
Republic Bank; it went to the building a block to the east of us, on the north
side of Flagler Street; it went to the Trust Bank across the street, which has
had three different changes since then - this is another one - which will add
the traffic. And I can only say, I again bring my concern to you folks, and I
want to thank you so much for it, as I say "blub, blob, blub," as I go under
water.
230 December 11, 1986
Mayor Suarez: I've got to tell you, you're the most pleasant objector that
we've had here in a long time.
Mr. Felton: I've given enough blood before now.
Mr. Plummer: Well, I think he has a legitimate concern, as I recall it from
the last hearing, and your further... your biggest problem is Burger King, as
I recall.
Mr. Felton (OFF MIKE): No, no.
Mr. Plummer: It's the traffic.
Mr. Felton (OFF MIKE): It's the traffic,...
Mr. Plummer: Yeah.
Mr. Felton : ...it's not Burger King, it's not this place...
Mr. Plummer: Where are you...
Mayor Suarez: But Burger King generates a lot of that traffic, as the
Commissioner is saying.
Mr. Felton: Well, Burger King does, but the...
Mr. Plummer: Show me where the Burger King is on the map. For some reason,
I'm... I'm...
Mr. Cardenas: Commissioner, you may want to refer to this as well, which is
easier for you.
Mr. Plummer: No, wait a minute.
Mr. Felton (OFF MIKE): This is Burger King, right here.
Mr. Plummer: And you're the red on the corner?
Mr. Felton (OFF MIKE): I'm the red devil. I have then another motel
alongside and 50-foot...
Mr. Plummer: Well, here's the point I'm trying to make. Sometimes what we
have done in the past, and maybe should consider in this application, is that
they have ingress and egress only onto Flagler Street.
Mr. Felton: Who, Burger King?
Mr. Plummer: No, this building.
Mr. Felton: Oh.
Mr. Plummer: That would kind of take some of the congestion off of that side
street, which definitely affects you.
Mr. Felton: I want to wonder about that, because they have the parking lot
behind them. What they're speaking of now, which was dropped out of this a
year ago, but is still there, and an existing parking lot owned and operated
by the people who are up here, Mr. Herrera and the H & H.
Mr. Plummer: Where is your ingress and egress for this facility?
Mr. Felton: The blue is not on Flagler Street, and that is their property.
Mr. Cardenas: All of the lots in question front Flagler Street, Commissioner
Plummer.
Mr. Plummer: Didn't you eliminate the back portion, or some of the back...?
Mr. Cardenas: We dropped the lots from the application on the back portion,
absolutely. There is no lot...
231 December 11, 1980
Mr. Plummer: Well, do you think... all right.
Mr. Cardenas: There is no lot before you that is south of the horizontal
black line that you see there in front.
Mr. Plummer: The point I'm making: if we restrict you to ingress and egress
on Flagler Street, I don't see that it does you any harm. It does give some
means of protection to the neighborhood streets, or the avenues.
Mr. Cardenas: Well, you have, right now, you know, part of the parking... Let
me put it this way: there is an existing 34-foot high, four-story apartment
building, containing 18 apartment units, on the site in question. What we
seek to do, is take that older, run-down, 18-unit apartment building, and make
it into a medical office building. This is the project that's before you,
really. And there's current parking, which is necessary, right behind the
apartment building, which, if you eliminate it, you had no way to get to, and
if you eliminated that access, even the apartment building today,
Commissioner, would not meet code requirements.
Mr. Felton: Might I ask one question - how old is this "old and run-down"
apartment building?
Mr. Cardenas: I would like to... I would like to also make notice that the
building immediately to the west on the same side, on Flagler, is that Trust
Bank building, pictures of which I have here, which is under final... in its
final stages. That building, Commissioner, has access to and from 40th
Avenue, approved by this Commission. Also, north of that divisory line on the
back side of the lots fronting Flagler. And that building, the Trust Bank
building, that I have before you, is taller than the building in question that
I have here. Not only is it taller, but, you know, it has more parking
spaces, and it has egress and ingress on 40th Avenue. Frankly, we're not
talking about - and that was our argument earlier - we're not talking about a
vacant piece of property, where you're discerning the traffic and parking
impacts; you're talking about an existing structure, that is not going to
increase one foot in size or one square foot in dimensions, and we're talking
about converting it from an apartment building use to a medical office use,
which, frankly, Commissioner, of the 17 buildings on the south side of Flagler
Street, between 42nd Avenue and 37th Avenue, of those 17, every one but two
are zoned either commercial or office building. And that's just the trend
there, and it's become, as you know, for many of the buildings there, an area
for medical offices. And that's the current use it has; a trend has been
established in the past five years. The building adjacent to it, on the same
City block, which is owned by my client, is also being utilized for medical
offices. The reason why we're here is because the demand for those offices
are such that this building deserves to be converted for that use, which is in
keeping with the trend of use in that area for the last five years. We're not
talking about a new facility, we're not talking about a shopping center with a
Seven -Eleven - we're talking about changing the use on an existing structure
to a use which is totally compatible with the use that's developed there in
the last five years.
Mr. Felton: I might recommend that we've checked the records, we'll find out
that their request was for the tearing down of this unit to make a drugstore,
not further office buildings. With Eckerd's sitting down the street, and
another drugstore closer than Eckerd's. And I asked the question, how old
were these run-down apartments? They're about twelve to fourteen years old,
and they are run down? I happen to live in the motel that's the same
situation, that is over... it's 35 years old.
Mayor Suarez: Well, you live, and you own it.
Mr. Felton: I live and own, and I do not classify it... I do not classify
it...
Mayor Suarez: All right, don't make it sound like you're a poor man.
Mr. Felton: Well, I do not classify it as run-down.
232 December 11, 1986
0 0
Mr. Al Cardenas: Those pictures, Mayor, are the pictures of the building that
was just constructed across the street.
Mr. Felton: And how many people were working on that in the last six weeks,
one or two a day?
Mr. Cardenas: I don't know, I... that's not our project.
Mr. Felton: I mean, It's been hanging and hanging and hanging and hanging and
hanging, and was supposed to be completed about a year to a year and a half
ago. There's no use for it; it's just dead property, laying there, off of the
tax rolls.
Mayor Suarez: Off the tax rolls?
Mr. Felton: I imagine it is, for the simple reason it's under construction,
that the land is probably...
Mr. Plummer: N0000.
Mayor Suarez: Not off the tax rolls.
Mr. Felton: No, but the land is, only. The land is only what would be on the
tax rolls.
Mayor Suarez: I suppose if it's halfway constructed, we're not going to
increase the assessment.
Mr. Felton: Yeah.
Mr. Cardenas: Well, look, we've discussed the uses. You know, we filed the
declaration of restrictive covenants, limiting the uses. What we want to have
is very clear. We want to have, on the top three stories, medical offices,
and on the ground floor, a pharmacy to service the medical offices in both
buildings. It's a small -sized item; it will comply with all code
requirements. It's an existing structure in keeping with the neighborhood
trend, in keeping with what's there on the south side of Flagler. We've gone
over it five times, and you've had two different Zoning Board and Planning and
Advisory Board say that the zoning should change, one unanimously. And we've
been before you for the third time, and I respectfully request an approval on
the item.
Mr. Felton: And we also had a unanimous "against." Blub, blub, blub. Thank
you.
Mayor Suarez: You were going to get the last word in, weren't you, Jim?
Mr. Felton: Oh no, not my friend, over here.
Mayor Suarez: Well, if he keeps it up, he's going to convince us that this
doesn't even inure to the benefit of his client; that somehow this is going to
benefit only the City. All right? I'll entertain a motion on this item.
(SILENCE) What was your expression - "blub, blub, blub"?
233 December 11, 1986
0 0
Mr. Felton: Blub, blub, blub - that's what happens.
Mayor Suarez: Well, that's the way it's going right now. (SILENCE) No one's
going to take the... bite the bullet, here? I'll move it. If for nothing
else, just so I don't have to hear about it again.
Mr. Plummer: Is there a second?
Mrs. Kennedy: What are you moving - what is,the motion?
Mayor Suarez: The approval of the application.
Mr. Plummer: Is there a second?
Mr. Dawkins: Didn't the Planning Department recommend denial?
Mayor Suarez: She seconded.
Mr. Plummer: Seconded by Commissioner Kennedy. Is there any further
discussion by the Commission? Hearing none, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY 3960-3998 WEST
FLAGLER STREET (MORE PARTICULARLY DESCRIBED HEREIN) BY
CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM
MODERATE HIGH DENSITY RESIDENTIAL TO GENERAL
COMMERCIAL; MAKING FINDINGS; AND, CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 25, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Mayor Suarez, 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. 10191.
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.
81. SECOND READING ORDINANCE: CHANGE ZONING AT APPROXIMATELY 3900-3998 W.
FLAGLER STREET FROM RG-2/5 AND RS-2/2 TO CR-2/7.
------------------------------------------------------------------------------
Mayor Suarez: Item 4, related. You're not going to give us a long
explanation on Item 4, are you - Planning and Zoning Item 4?
Mr. Al Cardenas: No, sir. Rest the case.
Mayor Suarez: I'll move it.
Mrs. Kennedy: Second. Same thing, isn't it?
234 December 11, 1986
0
Mr. Dawkins: Been properly moved and seconded. Any further discussion? Call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 3900-3998 WEST FLAGLER STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
2/5 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL -
RESIDENTIAL (COMMUNITY) MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 32 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 25, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Mayor Suarez, 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. 10192.
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. Cardenas: Thank you.
Mr. Felton: I will see you at the variance meetings.
Mayor Suarez: You'll be back?
Mr. Felton: I'll be back.
Mayor Suarez: Do you get Thursdays off too, like Mariano?
Mr. Felton: Me? I'm semi -retired. I work a day and a half a week.
Mayor Suarez: No wonder you're in such a good mood, even when you lose.
Mr. Felton: This is a work day.
82. SECOND READING ORDINANCE: AMEND "OFF-STREET PARKING REQUIREMENTS"
PERTAINING TO OFF-STREET VALET PARKING, ETC.
Mayor Suarez: Item 5, Planning and Zoning Item 5.
Mr. Rodriguez: Item 5 is a second reading of the ordinance that you asked us
before to make an amendment, to make sure that we cover the requirements for
valet parking, and that's taken care of in the agenda now.
Mr. Plummer: Is this in relation to valet?
Mr. Rodriguez: Right, and you asked us to come up with a recommendation, to
make sure that they have to meet the minimum requirements of the ordinance
235 December 11, 1986
before valet parking was allowed, and that is included in the amendment that
is in front of you now. The only thing that I want to add, though - there is
some language on Section 2017.1.2, at the end of the pararaph, that doesn't
make any sense, and I would like to eliminate it. It says, "as originally
approved per plans on file," and I would like to see we strike that from the
amendment before you.
Mr. Plummer: All right, let me understand. In other words, they can only use
the spaces for valet parking above what they are required by zoning ordinance
to provide.
Mr. Rodriguez: Right.
Mr. Plummer: I move Item S.
Mayor Suarez: So moved. Do we hear a second? (SILENCE) No second?
Mr. Dawkins: OK, second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA BY
AMENDING SECTION 2017 ENTITLED "OFFSTREET PARKING
REQUIREMENTS, GENERAL PROVISIONS" BY PROVIDING NEW
REGULATIONS AND CORRECTING CERTAIN LANGUAGE PERTAINING
TO OFFSTREET VALET PARKING; AND SECTION 3602 BY
PROVIDING FOR THE DEFINITION OF "OFFSITE PARKING"; AND
BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS, PAGES 1-6, BY ELIMINATING PLANE II AND
LIGHT PLANES IN SINGLE AND TWO - FAMILY RESIDENTIAL
DISTRICT; IN THE TRANSITIONAL AREA OF ABUTTING
DISTRICTS, THE LIGHT PLANE IS ELIMINATED EXCEPT IN
COMMERCIAL -RESIDENTIAL DISTRICTS, AND ESTABLISHING A
NEW PLANE II IN COMMERCIAL -RESIDENTIAL DISTRICTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of November 25, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10193.
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.
236 December 11, 1986
83. SECOND READING ORDINANCE: PROHIBIT ANY FUTURE CONSTRUCTION OF CLUSTER
HOUSING.
--------------------------------------------------------------------------•----
Mayor Suarez: PZ-6 is the cluster...
Mr. Dawkins: Move it.
Mayor Suarez: ...housing.
Mr. Rodriguez: That's the one that we recommended for denial, and we have a
strong recommendation against it, but that you, on first reading, recommended,
striking it out of the requirements of the ordinance.
Mr. Dawkins: That we're not...
Mr. Plummer: This eliminates cluster housing?
Mr. Rodriguez: Completely.
Mr. Pierce: Yes, sir. Totally.
Mayor Suarez: From...
Mr. Rodriguez: Without any exceptions whatsoever.
Mayor Suarez: Single family?
Mr. Rodriguez: Completely. No cluster development anymore, in the City of
Miami.
Mayor Suarez: No?
Mr. Rodriguez: No cluster development anymore in the City of Miami.
Mr. Plummer: They could go under a PUD, they could go under Unified, they
could go under any of the other concepts, but -not cluster.
Mayor Suarez: How about our duplex zoning, multi?
Mr. Rodriguez: No cluster allowed anywhere in the City of Miami.
Mr. Dawkins: A cluster is not a duplex. A duplex is a duplex, clusters are
clusters.
Mayor Suarez: But if it's zoned duplex, you can't put a cluster, according to
this ordinance?
Mr. Rodriguez: According to this ordinance, you cannot put any type of
cluster that will include anything, whatsoever. A cluster, as a form of
development, is eliminated in the City.
Mayor Suarez: In any kind of zoning?
Mr. Rodriguez: In any kind of zoning.
Mr. Pierce: But there were only three districts that permitted clusters to
start with.
Mayor Suarez: Which are?
Mr. Pierce: RS...
Mayor Suarez: One.
Mr. Pierce: One, RS-2, and RG-1.
Mr. Rodriguez: And RS-1.1. There are four.
237 December 11, 1986
Mr. Pierce: You're right.
Mr. Plummer: And it doesn't stop you, Mr. Mayor, them from... anyone that has
a large lot, from replatting. If they've got a parcel large enough, they can
replat it and put two houses or two duplexes.
Mrs. Dougherty: Right.
Mayor Suarez: That's cluster housing.
Mr. Rodriguez: In cluster housing, you take a piece of land, a tract - in
this case, we're saying they have to be three -sized the minimum size of the
lot - and then you design the way... the whole design in such a way that will
allow you to have different design patterns, that will allow you more
intensity than you would otherwise be allowed under the existing ordinance.
What we were trying to do...
Mayor Suarez: More intense - more density?
Mr. Rodriguez: More density; intensity, no.
Mayor Suarez: But if, as Commissioner Plummer suggested, you get it
replatted7
Mr. Rodriguez: You will be limited by the replatting by the size of the lot.
In this case, you have one...
Mayor Suarez: But if you have enough property, you can put a cluster there.
You might not call it cluster housing, but it'll look like a cluster.
Mr. Rodriguez: It will not look like a cluster, it will look like a
subdivision.
Mayor Suarez: You don't call it a cluster, but it looks to me like a cluster.
Mr. Rodriguez: A cluster will not have...
Mr. Plummer: A cluster by any other name is still a cluster.
Mayor Suarez: Do you want to speak for or against this?
Mr. Dawkins: Against. He's against it.
Mr. Josh Medvin: Yes, I'd like to speak for approval.
Mayor Suarez: Give us your name and address, if...
Mr. Medvin: My name is Josh Medvin. I live at 1779 Micanopy Avenue.
Mayor Suarez: If you're compensated to make this presentation...
Mr. Medvin: No, no, I'm here just on my own. On first reading, the
Commission adamantly supported this, to prohibit cluster developments in
residential areas. I believe the way the situation is now, you can get
clusters in PUD districts, which are much larger, and that's where cluster
should be limited to. I don't think that cluster should be allowed, a higher
density use, in residential areas, including single-family residential areas;
and it would be, someone owning a large enough property, like you say here,
replatting, would be able to get cluster development - in other words, a mini -
subdivision, higher density use in an inappropriate single-family or other
residential area,...
Mayor Suarez: So, you're speaking in favor.
Mr. Medvin: ...by simply a Class C special permit. Yeah, I think the
Commission should vote to get rid of clusters, in anything other than a PUD
district.
Mayor Suarez: OK, so you're in favor of...
Mr. Medvin: Yes.
238 December 11, 1986
Mayor Suarez: ...the passing of this...
Mr. Medvin: Right. And I hope...
Mayor Suarez: ...ordinance. Second reading.
Mr. Medvin: ...the Commission, again, will vote for it on second reading.
Mayor Suarez: OK. Anyone else? We have a motion and a second? Or do we
have...
Mr. Plummer: Move it.
Mayor Suarez: Move it. We have a second? (INAUDIBLE SECOND FROM
COMMISSIONER DAWKINS) Seconded. Any further discussion? 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 20, ENTITLED "GENERAL AND
SUPPLEMENTARY REGULATIONS," BY DELETING SECTION 2028
ENTITLED "CLUSTER DEVELOPMENTS" IN THE RS-1, RS-1.1.,
RS-2, AND RG-1 DISTRICTS; REQUIREMENTS FOR ERECTION OF
MORE THAN ONE SINGLE-FAMILY DETACHED OR ONE TWO-FAMILY
SEMIDETACHED DWELLING ON LARGE VACANT LOTS; RESERVING
SECTION 2028 FOR FUTURE USE; AND BY AMENDING PAGE 1 OF
THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS TO
DELETE ALL REFERENCES TO SECTION 2028; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
Passed on its first reading by title at the meeting of November 25, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10194.
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: AMEND ORDINANCE 9500 TO ADD NEW SECTION HC-5:
COMMERCIAL -RESIDENTIAL HERITAGE CONSERVATION OVERLAY DISTRICT.
Mayor Suarez: PZ-7 and 8 are related.
Mr. Plummer: Move it.
Mayor Suarez: That's Magic City Enterprises.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Do we have to take each one,...
Mr. Plummer: Yeah.
Mayor Suarez: ...or can we take both together?
239 December 11, 1986
11
:_3
Mr. Plummer: No, they're ordinances.
They've got to be read.
Mayor Suarez: PZ-7 has been moved and seconded. Any further discussions?
Anyone want to be heard on these items? All right, PZ-7, let the record
reflect no one stepped forward. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 16 ENTITLED "HC HERITAGE CONSERVATION
DISTRICTS" BY ADDING A NEW SECTION 1614 ENTITLED "HC-
5: COMMERCIAL -RESIDENTIAL HERITAGE CONSERVATION
OVERLAY DISTRICT," PROVIDING FOR INTENT, EFFECT,
PRINCIPAL AND ACCESSORY USES AND STRUCTURES, MINIMUM
LOT REQUIREMENTS, FLOOR AREA LIMITATIONS, MINIMUM OPEN
SPACE, MINIMUM YARDS, BUILDING SPACING, MAXIMUM
HEIGHT, OFFSTREET PARKING, LANDSCAPING AND CERTIFICATE
OF APPROPRIATENESS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 25, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10195.
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. FIRST READING ORDINANCE: CHANGE DESIGNATION OF AREA GENERALLY BOUNDED BY
S.W. 1 ST., S.W. SOUTH RIVER DRIVE, S.W. 2 STREET & S.W. 5 AVENUE FROM
MODERATE -HIGH DENSITY RESIDENTIAL AND GENERAL COMMERCIAL TO SPECIAL USE.
Mr. Plummer: Move 8.
Mayor Suarez: Eight's been moved. Do we have a second? (INAUDIBLE SECOND BY
COMMISSIONER KENNEDY) Second. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY AN AREA GENERALLY
BOUNDED BY SOUTHWEST 1ST STREET, SOUTHWEST SOUTH RIVER
DRIVE, SOUTHWEST 2ND STREET AND SOUTHWEST 5TH AVENUE
(MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING
DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE HIGH
DENSITY RESIDENTIAL AND GENERAL COMMERCIAL TO SPECIAL
USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote-
240 December 11, 1986
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
NOTE FOR THE RECORD: At this point, upon motion duly made by Vice -Mayor
Plummer, seconded by Commissioner Kennedy, Agenda Item PZ-9 was continued
until the meeting of January 22, 1987.
------------------------------------------------------------------------------
------------------------------------------------------------------------------
NOTE FOR THE RECORD: Commissioner Joe Carollo reentered the meeting at 7:47
P.M.
------------------------------------------------------------------------------
------------------------------------------------------------------------------
86. DISCUSSION AND TEMPORARY DEFERRAL REGARDING PROPOSED FIRST READING
ORDINANCE TO REGULATE HOUSEBOATS.
------------------------------------------------------------------------------
Mayor Suarez: Planning and Zoning Item 10.
Mr. Dawkins: I know how to get rid of it: Move iti Let's move it.
Mr. Carollo: Let me just say this for the record, that we always break at
nine,...
Mr. Plummer: That's the problem.
Mr. Carollo: ...and it's the intention of this Commission to break at nine.
Mr. Dawkins: Well, we can get through these here - move 10.
Mr. Rodriguez: Item number 10 is the houseboats, and I think you might want
to hear people that you have here tonight. That includes 10, 11, 12, and 13,
and I imagine that you might have people from the public that would like to
speak on that issue tonight.
Mayor Suarez: How many people are here to be heard on Items 10, 11, 12, 13?
OK. See?
Mrs. Kennedy: Of these, how many are for houseboats? Four. And how many are
against?
Mayor Suarez: Roughly...
Mrs. Kennedy: It's very fair.
Mr. Plummer: It's called roughly, 50-50.
Mrs. Kennedy: Fifty-fifty.
(Laughter)
241 December 11, 1986
Mr. Plummer: Sergio, before you start - there was a proffer as to designation
and definition between a houseboat and a house barge. Would you put that on
the record, of what you understand it to be.
Mr. Rodriguez: And that's part of my presentation. It's in the package that
you have before you, as part of the definitions that we're offering. The...
do you want me to start with that now?
Mr. Plummer: That's fine.
Mr. Rodriguez: OK. We have defined, and it's on page seven of Item number
PZ-10, as part of Section 15182, a house barge, as "A vessel, not a private
pleasure craft, whose sole purpose and use is as a residence, comprised of a
dwelling unit floating on the water, towed into place and moored permanently,
16 feet or over in length, which is not designed or manufactured with a system
of propulsion," and there is an illustration there. And a houseboat has been
defined as "A vessel, a private pleasure craft, consisting of a box -line
superstructure, supported in the water by flotation devices, usually under 16
feet in length, not suitable for rough water, and is self-propelled, limited
to a maximum speed of five miles per hour."
Mr. Plummer: That's not true. Five miles an hour, or 16 feet or less?
Mr. Rodriguez: Sixteen feet or less.
Mr. Plummer: No, sir. Not a houseboat. I don't think you can find a
houseboat that's under 16 feet.
Mr. Rodriguez: We also define, in my continuing whole presentation,...
Mr. Plummer: I go along with your definition, all except the footage.
Mr. Rodriguez: OK.
Mr. Plummer: The most popular one ever made was the Drifter Cruiser, and that
was 40 feet.
Mr. Rodriguez: OK.
Mr. Plummer: Do you know how big a 16-foot dinghy is? I don't know what the
hell you could build on a 16-foot boat, as far as a houseboat is concerned.
Mrs. Kennedy: It's about the size of my dining room.
Mr. Rodriguez: Do you want to define it at a different size?
Mr. Plummer: No, I just...
Mr. Rodriguez: We'll define it differently.
Mr. Plummer: I concur with your definition, but remove the footage.
Mr. Rodriguez: We'll remove the footage. No problem.
Mr. Plummer: That's the only thing I think is out of line. I don't think
that makes sense.
Mr. Rodriguez: The major... the most important issue of all this, is that
we're saying that in the SPI-18, which is the area that we are creating as a
special public interest district, in the area around the Little River Canal,
in Belle Meade area, and the Grove Park, that we are recommending that no
house barges be allowed, period, and that houseboats will be allowed only as
recreation... as a pleasure craft,...
Mr. Plummer: Not to be lived on.
Mr. Rodriguez. ...but you cannot live on a houseboat or any kind of pleasure
craft, in any of these areas. Now, the reason, which I would like to put on
the record, why we believe this is important, is because of the following.
Mayor Suarez: I thought we were going to carve out any houseboats that would
be on the Miami River.
242 December 11, 1986
Mr. Rodriguez: We have that included in the discussion. The SPI-18 district,
which is part of PS-11 - I mean, 12 - and 18, includes those two areas;
includes the Little River Canal and includes, in the Miami River, the portion
of Grove Park.
Mayor Suarez: What does that mean, that is excluded from the operation of
this ordinance?
Mr. Rodriguez: That means that in those two areas, you cannot have house
barges, and you cannot have any pleasure craft, including houseboat used as
living quarters.
Mayor Suarez: In what areas?
Mr. Rodriguez: Those two that I mentioned.
Mayor Suarez: Which are?
Mr. Rodriguez: The one - if you look at the projection that we have in the
screen. This is Grove Park, which is the area of Miami River, the area
shaded. And if you look at the next illustration, in the area of the Little
River Canal, all the area which is shaded.
Mayor Suarez: So, the areas that would be affected would be, basically,
adjacent to Grove Park, on the river, and...
Mr. Rodriguez: Adjacent to...
Mayor Suarez: ...to Belle Meade Island, on the Little River Canal.
Mr. Rodriguez: Little River Canal, right.
Mayor Suarez: As to the river, the Miami River in general, it would not
apply.
Mr. Rodriguez: It would not apply. Now, the reason why we believe it's
important that we prohibit the... we have the prohibition that we have in this
proposal, is because we believe, in case of a hurricane, these vessels could
present a clear and present danger to upland property,•if their mooring lines
part. The second point is, that the fairway might not be sufficient to allow
these vessels to maneuver without obstructing the fairway, thereby presenting
a potential navigational hazard for other vessels. The third reason is that a
hazard is presented to public health, by reason of waste water discharges from
these vessels into the Little River Canal and Miami River. Number four, these
vessels represent a visual obstacle on these narrow waterways by reason of
their size, and a visual intrusion which interferes with the tranquillity
otherwise enjoyed by owners of adjacent upland property. Number five, if
considered as residences, these vessels do not meet the requirements of the
South Florida Building Code. And, finally, most of the houseboats and house
barges in waters abutting single-family districts in Miami are located in the
Little River Canal and on the Miami River, abutting Grove Park. A definition
of these districts is targeted to this type of problem. I've been asked also,
by the Law Department, that I state for the record my qualifications. I will
submit a copy of my resume, which I cannot find now, but I will give to the
City Clerk. But, basically, to support...
Mayor Suarez: We'll take that into the record as a... do you have a copy of
it? Can you get a copy before the end of today's hearing?
Mr. Rodriguez: I will get a copy, and I will include it in the record. The
only other thing that I want...
Mayor Suarez: Do you want to give a general description of your
qualifications, verbally?
Mr. Rodriguez: I have been Planning Director for the City of Miami for the
last almost four years. Before that, I spent twelve years in the Washington
area, Maryland area, as a planner, different functions, and I have a Master's
degree in City and Regional Planning, from the University of North Carolina at
Chapel Hill, and a Bachelor's degree in Architecture, from Gainesville, 1967.
243 December 11, 1986
Mayor Suarez: That's University of Florida?
Mr. Rodriguez: University of Florida. I have been... I am a member of the
American Institute of Certified Planners, which is an organization that
requires members to pass through a series of very strict tests. And I have
experience in the area of architecture and planning since 1959.
Mayor Suarez: How many people are here from the Grove Park area, who are
against the houseboats in that area? One, two, three.
Mr. Dawkins: Three.
Mr. Plummer: There's more over here.
Mayor Suarez: Four, five. How many people are here who have houseboats
anchored off Grove Park, and who are, presumably, in favor? What did you do
about grandfathering in the ones who have... what is the provision? I saw
that we made a determination last time, the Commission did, that you should
consider that.
Mr. Rodriguez: The only ones to be grandfathered are those which are now
legally there. Those that got a legal permit to be on the site. Otherwise,
those which are illegally docked, or are located to the uplands, are not to be
grandfathered, in our opinion.
Mayor Suarez: Thank you, Serge. Sir? Give us your name, and if you're...
Mr. Mark Trop: My name is Mark Trop, at 679 Northeast 77th Avenue. I'm here
on behalf of the houseboat, Floating Home Owners' Association.
Mayor Suarez: If you're compensated for your appearance...
Mr. Trop: Yes, I registered, sir.
Mayor Suarez: Great.
Mr. Trop: And,...
Mr. Plummer: Would you give me your address again?
Mr. Trop: Six seventy-nine Northeast 77th Avenue.
Mr. Plummer: No, sir. Give it to me again.
Mr. Odio: No, no, no, no, no.
Mr. Trop: Six seventy-nine Northeast 77th Avenue.
Mr. Plummer: What city do you live in, sir?
Mr. Trop: Miami.
Mr. Plummer: No, sir.
Mr. Odio: No way.
Mr. Plummer: Not unless you live way out in the Bay.
Mr. Trop: Street, I'm sorry, Street.
(Laughter)
Mr. Plummer: You didn't even look like a mermaid.
Mr. Trop: But my argument is on principle, not technicality here.
Mr. Plummer: I just wanted to make sure you lived in the City, that's all.
Mr. Trop: Oh, yeah, I've lived there since 1973.
Mr. Carollo: Is that Avenue or Street?
244 December 11, 1986
Mr. Trop: Pardon?
Mr. Carollo: Go ahead.
Mr. Trop: Of course, what we really want to propose is that we all just go to
Burger King, and forget about this for now, because we don't think this law
should be passed. However, as we previously presented...
Mr. Plummer: That's called having it your way.
(Laughter)
Mr. Trop: ...part A of our presentation, which is now on the record, we
respond, although we thought the people from... the proponents were going to
speak first. However, our response to all this is that when enough is enough,
it's simply way too much. Last night, we heard people from the proponents come
here, and they said, "We've been here fourteen times, that's enough. Pass
this law." We don't think, if we have to come here fourteen hundred times
it's enough, if the law is not good for... Like a good man, a law is no good
unless it has principle, and this law has none. What I think is, when you
take this law, and you pull it out of the sack of laws in Miami, you're going
to find out that it's got no heart, at all: Because what I'm saying, and I
think I can illustrate, is that this law has no principle behind it.
Principle is important, because, in this case, the homeowners of these boats
are part of a community which has been in Miami for over a hundred years. The
houseboats which are there preexisted the residential community.
Consequently, we think that any law which is going to say that these people
have to leave, which we have been promised by the people who are in favor of
it that they will, because they have promised us that only legal boat people
can be there, although we're not sure what a legal boat person would be at
this point, because the law is incredibly vague. And, given the severe
impact, let me illustrate what the problem with the law is, as we see this.
House barges and houseboats are defined by this law. OK. We think the
definitions are almost specious, but we think that the City planners are
within their right to define things as they like. However, unlike all of the
other 17 or 18, or however many SPI districts, this one has got a very strange
attribute to it. It's got no substance at all. This one goes on to refer to
SPI-9, which is the SPI district put together for the singular purpose of
improving the Biscayne Boulevard area. In other words, the planners have
equated the houseboat people, who live on the houseboats with their families,
with the Biscayne SPI. We think this is an abuse of what is an otherwise very
good power. We have tremendous respect for the City planners and the
professional planning board. However, when you look at the justifications,
what they've put together for this law, we think you'll find that they did not
do their proper negotia... proper talking together, and all kinds of things
which they should have done, if this law was to have any principle. We think
the first justification, that the hurricane hazard is created in times of
crisis - well, we don't even know how to respond to it, because the boats are
all in safe harbor. It's irrational! That's the first justification, and
it's absolutely irrational. Consequently, we have to believe that we're not
even going to bother addressing it any further. We have documentation which
proves it. The second justification for this law is that it destroys the
navigability of the waterway. The Little River area, which, I think, you'll
see on these maps, and I think we're going to hand out maps which show the
amount of houseboats which have been here in 1969, 1974, and 1984, and I don't
think it's more than 20 boats, and, as a matter of fact, it's diminishing, and
we think it ought to just be able to evolve out gracefully, instead of being
coerced out by this law, which is exactly what's going to happen. The Little
River area where there's houseboats, is on a dead end. There's a bridge
there, which is not a drawbridge; there's no person who opens or closes the
bridge. Every boat that's there has been able to navigate up the river.
There's a large yacht on one end; there's been no complaints. On the Grove
Park navigable area waterway argument, we suggest that, it's on the widest
part of the river,... (OFF MIKE:) Do you think you could distribute these
maps?
UNIDENTIFIED SPEAKER: They have them.
Mr. Trop: Oh. Oh. Oh, I see. It's on the widest part of the river, and
what you can do with it is, you can take a barge up the river, right where
these boats are, between the opposite bank, and you can rotate a yacht,
three... a barge, 360 degrees. There can't be any problem with navigation.
245 December 11, 1986
The third argument, which we think has appeal, but, nonetheless, no
rationality to it, is the sewage argument, because these boats, with people
that have been here for over a hundred years, and people who are raising
families - if these boats can be dealt with by other laws, by a less
restrictive alternative - what I am suggesting is that these boats can be
regulated by some kind of sewage regulation. Almost all of them have a
marine -approved device in the boats. There's fish life under the boats, which
we showed you pictures. It's just not a rational argument. The real problem
with the water is that there's a spillover district up the river, and when it
rains, that's what it is. And furthermore, nobody's ever seen which boat the
stuff is coming from, that everybody says is coming out. I don't see how you
can blame...
Mayor Suarez: You gave a figure on how many boats are... houseboats are on
the Little River area, I believe,...
Mr. Trop: It's fourteen.
Mayor Suarez: ...did you give one on the Grove Park area?
Mr. Trop: Well, we have a picture. I think it's thirteen or fourteen. We
have a picture of it.
UNIDENTIFIED SPEAKER (OFF MIKE): It's seven.
Mr. Trop: Seven? All right, whatever. So,...
Mayor Suarez: Is that seven, or seventeen?
UNIDENTIFIED SPEAKER (OFF MIKE): Seven boats in Grove Park.
Mr. Trop: So what we're saying is, the least restrictive alternative.
Surely, the City can limit anything that has to do with health and sanitation,
short of throwing these people out, which is the effect of this law. For
brevity, I'm not going on. The third, or fourth, argument, is the visibility.
Again, we say, what are these boats blocking? They're blocking a shipyard.
For 18 years, people lived on these boats, across the street from Belle Meade
Island, and nobody really complained. Then somebody tried to get a permit,
and suddenly, all kinds of problems emerged. It can't be a visibility
problem; there's just no way. Furthermore, most of the proponents for this
law can't see a houseboat from their house. So, we have serious problem with
a law which is suggesting that these harmless families, in a residential
district, essentially be thrown out, because of what we... because why? We
want to know what gives anybody the right to throw them out. And if you show
us what gives you the right, I'm sure everyone here will participate in moving
out, if there's any kind of obstruction. And so on, and so forth. (Applause)
The third argument that I'm saying here, and another argument which we think
has some kind of validity, is the economic argument. But let's face it, the
economy around there is not in any way disturbed by those boats. What it's
disturbed by is SPI-9, and we, the floating homeowners, don't want to be
equated with the people on Biscayne Boulevard, because we're -taxpayers, we've
lived there, we have a tradition, we are not obfuscating the development of a
residential district. How many vacant lots are there on Belle Meade? None.
The boats are...
Mayor Suarez: When you say you're taxpayers, your clients pay taxes on the
property adjacent to the boats, right? The land mass.
UNIDENTIFIED SPEAKER (OFF MIKE): No, we only pay taxes on the boats slips.
Mayor Suarez: We had a big argument about this last time. How much do they
pay on a houseboat, for example?
Mr. Walter Pierce: They don't pay taxes, they pay registration fees.
Mayor Suarez: Is that... is that a tax, or a registration fee, Walter?
UNIDENTIFIED SPEAKER (OFF MIKE): No, no, it's a personal property tax.
Mayor Suarez: Oh, personal property, OK, not as a real estate, but as
personal property, OK, all right.
246 December 11, 1986
Mr. Pierce: It's not ad valorem taxes.
(INAUDIBLE COMMENT, SAME SPEAKER, OFF MIKE)
Mr. Plummer: But that was personal property, not ad valorem.
Mayor Suarez: Right.
UNIDENTIFIED SPEAKER (OFF MIKE): It's for the houseboats.
Mayor Suarez: Yeah, it's...
Mr. Plummer: No, but you don't pay ad valorem taxation.
Mayor Suarez: It's very similar to the real estate tax; it's just a little
different. In your case it's $440? Your name is? Kristin Schwartz?
Mr. Trop: The information is, she pays about $3,000 taxes, and if you look at
the tax figures on the Belle Meade Island, you'll find out that the people who
have improved lots pay far less than she pays on a vacant lot. Something is
wrong there, as well. Well, we have some figures - if you want to hear this,
I don't know. Consequently, what I'm saying is that, given the various
factors here, if this law is to be passed, it has to have some kind of
principle, it has to have some kind of rationality. Because no court is going
to want to look at a law where there's absolutely no relation to health,
safety, or welfare, as we can see it, within the letter of the law. The law
conflicts with itself. It just doesn't make any sense. We'd be very happy to
sit down with the people and talk it over, as long as possible. We have no
problem with passing a law to regulate the area, but as it was, the law was
sent back to the planners, it came back worse than it was before - there's no
grandfathering protection at alll It just would be pointless to allow this
law to go in effect, because as it is, the only thing that we see is a battle
royal over a definition, and it's just not a good enough law to put that in.
So, consequently, what we're saying is, there's been no need, there's been no
show of need; and there's a lot of people here who are upset, but there's
people living on boats, and if you went in those boats, you wouldn't know the
difference between it and the house you grew up in with your mom. I'm telling
you, these boats are just like the house everyone grew up in. These people
have a right, and I think I'm going to defer at this point to the rest of the
people who live there, and really feel upset about it.
Mayor Suarez: Well, one crucial difference is that a house is erected on
property that you've paid for, whereas a houseboat is lying on, you know,
navigable waters, so that... don't belong to you.
Mr. Trop: But the problem is, is that the pilings jut out further, the yachts
jut out further - these boats, it can't be said to be really obstructing
anything, given the situation. And if you look at the boats, everyone alive
says, "Oh, houseboats," and now they've become house barges. And a law that's
as short as that, when you look a code with the magnificence of SPI... of the
article one through... whatever the SPI districts are - pages and pages, the
Latin Quarter SPI, the Grove Park SPI, the Residential of Brickell -
comprehensive plans! This doesn't look like that; there's a rat here; it's
wrong. It shouldn't be passed the way it is.
Mayor Suarez: Thank you for your presentation, counselor.
Mr. Plummer: Do you live on a houseboat, sir?
Mr. Trop: No, sir.
Mr. Plummer: You don't.
Mr. Trop: No.
Mr. Plummer: Do you have property in which there is a houseboat attached?
Mr. Trop: No, sir, I have no interest at all in it. None, none whatsoever.
I am totally here in a neutral capacity. I like houseboats, they're
magnificent, they reflect the grandeur of Miami, not the vice.
Mr. Plummer: But you're representing...
247 December 11, 1986
Mayor Suarez: In a representative capacity, not in a neutral capacity.
Mr. Plummer: You're representing a client.
Mr. Trop: Yes, sir.
Mr. Plummer: And that client does own a houseboat.
Mr. Trop: The Floating Home Owners' Association.
Mr. Plummer: OK, so you're not neutral.
Mr. Trop: Well, I'm...
Mayor Suarez: He, himself, personally, does not have any interest, other than
as a representative of the association.
Mr. Plummer: OK.
Mr. Trop: Thank you.
Ms. Jacqueline Dozier: Mr. Mayor and Commissioners, good evening. My name is
Jacqueline Dozier. My address is P.O. Box 274, Miami 33133, and I own
property at 990 Northeast 78th Street. I would like to introduce, this
evening, Mr. Ron Falkey, who would like to present what has occurred, as far
as negotiations with the vying parties in this matter. The Waterfront Board
and the Planning Advisory Board were requested, I believe by the Commission,
to get together and come up with an answer to the problems that are involved
in this ordinance, and I think that Ron could probably fill you in on what has
happened with those negotiations, and what position they are taking at this
time.
Mr. Ron Falkey: My name is Ron Falkey, P.O. 451038, Miami, Florida 33145,
member of the Waterfront Board. I'd not intended to speak in front of this...
the Commission on this particular issue, but since I have been invited to
speak as a member of the Waterfront Board, I can say that there is some... has
been several meetings that have been held by the Board, we've had, with both
the Homeowners' Association and the...
Mayor Suarez: Ron, let me just hold you up for a second, see if we can get a
quorum.
Mr. Dawkins (OFF MIKE): Move it!
Mayor Suarez: I hear. I hear one, OK. Commissioner? OK, proceed.
Mr. Falkey: There was a resolution passed at our last meeting, last Tuesday
evening, a motion passed, that really suggested that this issue, at this time,
be tabled, or set aside, until the Zoning Commission could get together with
the Waterfront Board. There was a meeting that they had, that the Waterfront
Board was missed in the announcement, so that they were unable to have
adequate input into that particular document. There's some very strong
opinion by the members of the Waterfront Board, that this particular ordinance
would put the City in a very bad position, in fact. And now, with regard with
some of the other... as trying to speak on behalf of the Waterfront Board,
right now, it was recommended by the chairman, Mr. Henry Gibbons, that this be
taken to the Community Relations Board also, in an attempt to help resolve the
situation, since it is...
Mayor Suarez: Well, but was that in the form of a motion by the Board,...
Mr. Falkey: Yes, sir.
Mayor Suarez: ....or just his own...
Mr. Falkey:. Yes, sir.
Mayor Suarez: That was approved by the Board?
Mr. Falkey: Yes, sir.
248 December 11, 4986
Mayor Suarez: To have CRB intervention somehow, OK?
Mr. Falkey: Yes, sir. And, as I say, at least put this issue... that was the
wish of the Board at that time, that we put it off until all parties could be
brought into it, and that there could be some better... better discussion.
Now, speaking, not as a representative of the Board, but one as an interested
member, as a Board member and as a citizen, I have some very strong feelings
on this particular issue myself, inasmuch as I would not recommend the City,
as I say, not necessarily supporting the houseboats or the homeowners, that
the City not get into this particular ordinance, because of some very strong
problems you have with regard to, one, the definition of vessels, the
definition of houseboats, coming down to trying to regulate the use of
proper... or trying to come up with a City ordinance that would govern the use
of navigable waterways of the United States, with regard to how they can be
employed or not employed. Just to go through the criteria again, briefly
stating, not trying to rehash, some of the items with regard to why the
rationale for this exists. You know, not... in a hurricane warning period,
these vessels could not move to safe harbor. These areas that are under
question are the safe harbor for all the vessels on Biscayne Bay at this time,
so that kind of misses the point slightly. The fairways are not
sufficiently... the fairway is not sufficient to allow these vessels to
maneuver without obstructing: there are regulations right now, by the Coast
Guard, by State, by other organizations, that regulate navigable waterways of
the United States, and if they are obstructing a channel, they should not be
there. And there is mechanism within government right now to control that.
Item C, a hazard is present to public health by reasons of waterway discharges
from these vessels: again, the Coast Guard, the Federal government, the State
governments, have very strong, very strong, regulations with regard to watery
discharges into the waterways, and there are some stiff penalties. The
mechanism already exists, without going into an ordinance I think the City
would be stepping on some very thin ice on, the mechanism already exists to
stop that from happening. I will skip over item D, the visual obstacle, and
move to item E. "As residences, these vessels do not meet the requirements of
South Florida Building Code": no vessel is required to meet the ordinance of
South Florida Building Code; however, these vessels, when manufactured, and if
documented or issued a FL number, do meet the regulations of either the
Federal Manufacturer's Code, or they have to come up with specific ventilation
and safety requirements, required under various law. So that one, also, is
missing. The only one that seems to have any validity, and this, again,
pushes toward the need to go to the... to other Board action, would be the
visual obstacle presented in these waterways. There are many other parts in
here, in the definition, as I say. My feeling is that if the City takes
action on this, they are opening themselves up to very possible... you may
take it now, but I think that the Admiralty Law would not support you in your
decision. Thank you very much.
Mr. Dawkins: Madame City Attorney.
Mr. Falkey: Oh, wait a minute, I have one other... I'm sorry, one other point
that I wanted to move on to. There was an issue here, with regard... back on
page four, it says, "No pleasure craft or houseboat shall occupy... no
pleasure craft or houseboat shall be occupied as an accessory or use as
dwelling or lodging in any waters, canals, in or on Biscayne Bay, on which
adjacent property are zoned RS-1 or RS-2." This would eliminate, by this
ordinance here, again, would eliminate the dwelling on a houseboat or any
vessel that doesn't necessarily meet the visual description shown .as... there
are too many... it would eliminate the dwelling anywhere, on a live -aboard
situation. And I don't think that this is, again, one of the waterfront
issues, one of the things that we want to promote in South Florida, as I say,
do away with it. I know it's not the intent of this ordinance; however, it's
included in it, and there are several. other... as I say, it's not a very well
worked -out document; in fact, the Waterfront Board was considering going back
and looking at the total ordinance for some of the problems that it already
encompasses, and would like to see this done, instead of piecemeal fixing this
one particular issue now, to go back and have a total rewrite of the thing.
Very similar to this, we had, to the... when we had the mooring code, and work
on that again, on the same type of a premise.
Mrs. Kennedy: If we pass this ordinance, Madame City Attorney, is the City
opening itself up to possible lawsuits?
249 December 11, 1986
Mr. Dawkins: No, let me ask it another way, please, Commissioner. Madame
City Attorney.
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: When this came up, I remember asking you, did the City of Miami
have their... - and Mr. Pierce, you can help us too, sir - I asked, did the
City of Miami have the right to govern navigational waters, and at that time,
I think you told me yes, is that correct?
Mrs. Dougherty: Mr. Commissioner, yes, I did tell you that there are many
overlapping jurisdictions in the water, one of which is the City's authority
to regulate land uses. The City zoning ordinances do go to the center line of
any waterways or canals, so we do, in fact, have that jurisdiction.
Mr. Dawkins: OK, so, then, in the event that the Coast Guard decided to take
us to court, then, I mean, they are in charge of the waterways, and I'm not
saying... I mean, as the entity, then you feel that we could successfully
defend ourselves on what we're doing here - is that correct?
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: Mr. Pierce?
Mr. Pierce: Mr. Dawkins, to add to what the City Attorney says, the Coast
Guard, from my understanding, has jurisdiction over the navigable portion of
the waterway, and it also has regulations governing vessels. If the City did
not have the authority to regulate the land use, then how could we say where a
port, for instance, could be? Because we regulate the upland use of land
adjacent to waterways, and our position has been that we... where that
houseboat, house barge, however it may be defined, is moored, and it's not a
vessel, it becomes part of the land use issue.
Mr. Dawkins: So, what you're saying, then, is that the houseboat is attached
to the land, and therefore we can control it, whereas a fishing boat, I mean a
sports boat, where we go fishing in, is something that moves in the water;
therefore, it has another...
Mr. Plummer: The problem is, is it any different than this City issues
permits to build docks out into the water?
Mr. Pierce: Absolutely.
Mayor Suarez: Even as to those, there's a right to control the docking aspect
of it. Just to clarify one other thing, that you're not speaking on behalf of
the Waterfront Board, now; you're speaking as a member of the Waterfront
Board.
Mr. Falkey: Yes, sir. Now that's... I said... I stepped down... no, I...
Mayor Suarez: You gave the impression of certain things that were stated in
the Waterfront Board, and we don't have the chairman here, we don't have any
resolution.
Mr. Falkey: No, and I really wish... Mr. Henry Gibbons was going to be here,
and not that he wanted to speak, but he wanted to see how this whole issue
developed. And I had not planned on speaking for Mr. Gibbons or for the
Board.
Mayor Suarez: Right. That's all. That just... that clarification. We do
need to move on.
Mr. Falkey: And my latter statements were those of myself, that I brought to
the Board, that I brought to meetings, and that I wish to bring to you now, as
far as, again, the clarification on the navigable waterways issue, with,
specifically, with regard to navigable channels, is where the Coast Guard
would become concerned. Navigable waterways - for instance, if the City was
to decide to erect a bridge across Little River, the Coast Guard would have
all sorts of input.
Mayor Suarez: We're not considering that.
250 December 11, 1986
Mr. Falkey: That is a navigable water. However,...
Mr. Dawkins: We're not considering that, though.
Mr. Falkey: No, no, I'm just saying, there are overlapping jurisdictions.
What I'm saying is...
Mayor Suarez: Yes, well, we've got that.
Mr. Falkey: ...navigable channels, is where I was really... and Miami River
is one of the biggies on that.
Mayor Suarez: Right. Thank you, Ron.
Mr. Falkey: Thank you.
Mr. Plummer: And besides, be aware, if this passes on first reading, you've
got almost six weeks before second reading, and that'll give you more than
ample time to discuss whatever you want to discuss about it.
Mayor Suarez: Sir.
Mr. Norris Mackalay, Jr.: My name is Norris Mackalay, Jr. I have lived at
905 Northwest 15th Avenue, in Grove Park, for over 61 years. Grove Park has
always been zoned single-family residential, and I urge you to accept the
recommendation of the Planning Advisory Board, and approve the Little River
Canal/Grove Park overlay district. Thank you.
Mayor Suarez: Thank you, sir. Thank you for being brief, too.
Mrs. Kennedy: Madame City Attorney. Could this ordinance lead to further
limitations of houseboats in other areas?
Mrs. Dougherty: Well, what you're creating is an overlay district, and if you
wanted to impose it in other areas, yes, you could.
Mr. Plummer: Do it at a later time.
Mrs. Kennedy: Could at a later time.
Mr. Plummer: Nothing to prevent us. Or there's nothing to prevent us to
reduce it. Anybody else going to speak?
Ms. Dozier: I'd like to bring up one item here that is included in the plan
itself, which unfortunately I don't have in front of me right now, because
it's in a section I couldn't find; but it does say, in this proposal, that
houseboats will be banned from all RS-1 and RS-2 districts, on both rivers.
That is inconsistent with what the Commission had asked for, and I would like
you to review the plan, if you have it in front of you. Thank you. And we'd
be happy to hear the other side after Mr. Trop...
Mayor Suarez: We'll give you some time for rebuttal.
Ms. Dozier: OK.
Mayor Suarez: Go ahead, sir.
Mr. Jack Ott: My name is Jack Ott. I have property at 1491 South River
Drive. I have 175 feet on the river. And one of the unique things about my
property is that it's off the navigable channel ways. It's way off to one
side. This is one of the reasons why I bought this property, because I felt
that it would be an ideal place for docking boats. Now, when you talk about
navigable waterways, you may be talking about most of the river, but it's very
unique to find this area, between 17th Avenue and 12th Avenue, to be in an
area where it's strictly off the edge of the navigable waterways. And I don't
see why this question should even be brought up, as to be injurious to vessels
in the navigable waterways. I bought this property in 1984, with the idea of
having a place where I could dock boats. I find that docking boats up the
river has become too much of a problem, because there are too many bridges to
raise. But I have a pretty good expense in my taxes, which amounts to over
$3,500 a year for taxes. I feel like, when I bought the property, I bought it
with the idea that we could tie up boats, and if a person wants to live on a
251 December 11, 1986
0 4
boat, why not let them live on it? If you just restrict one area, which is
only four blocks, up the river, this seems to be inconsistent with other legal
aspects in the City. What can I say other than that? I feel like that the
property I bought, I want to improve on, and I have improved on, and I have
made it into a nice place, and I think that it's a shame if the City comes
along now and tries to tell me that we can't even have liveaboard people in
the river on my property. This is one of the reasons why I bought it. Thank
you.
Mr. Plummer: Do you have a house on your property, sir?
Mr. Ott (OFF MIKE): Yes, I do.
Mr. Plummer: And do you have a houseboat?
Mr. Ott: I don't have a houseboat. I got rid of three houseboats, because I
don't, personally, like houseboats. I don't say that houseboats are
injurious. I don't even want to get into it. I just didn't particularly like
a big houseboat building on the river, and normally, when you have a big
houseboat, somebody pays his dockage, and he's not paying any more than just a
plain old motorboat that comes in there.
Mr. Plummer: So, are you in favor of this ordinance?
Mr. Ott: I'm not in favor of it, no. I don't want it to restrict people from
living on their boat. I think they should be allowed to live on their boats.
They have lived on their boats all over the world; why shouldn't they be able
to live on their boats here? I think that if you want to restrict people from
doing things wrong, require the houseboats to have holding tanks, pump -out
stations, and so forth. However, I know, and like everybody else knows, if
you ask a boat owner to have a holding tank, he'll put one on his boat, but 99
percent of them won't use it. And when it comes time for pumping -out
stations, and so forth, you'll find that they comply with the regulations, but
they won't use it. I think that a gorgeous...
Mayor Suarez: We've heard enough, thank you. Unless you want to summarize,
you were asked a question and you answered it.
Mr. Ott: OK, let me sum it up. A gorgeous yacht, with people living aboard,
is not a detriment to anyone. Thank you.
Mayor Suarez: Thank you. Please, let's keep it to three minutes from here
on; we're getting repetitive now.
Ms. Theodora Long: My name is Theodora Long. I'm former president of the
Grove Park Homeowners' Association. My... I would like to clarify, and maybe
it would settle the problem.
Mayor Suarez: Where do you live, now?
Ms. Long: RS... I live at 901 Northwest 14th Court. In RS-1 and RS-2 zoned
areas, you cannot live on a waterway. You cannot live on the boat and in the
house, and the City Commission had asked for some of the houseboats to be
grandfathered in. In Grove Park, there is one piece of property, with a man
that has a houseboat, that could be grandfathered in. He owns the lot, and he
does not have a house on the lot; he has a houseboat at the end of the
property, on the Miami River. As the City code reads, a single-family
resident, you're allowed to have three unrelated people live in the house. Or
you can... and you can have two boats moored behind your house. But you can't
have the people live on the boat and in the house. Grove Park has been... is
one of the oldest neighborhoods in the City of Miami. We're trying to
preserve Grove Park, to have people live in the house and in the backyard is
just... Grove Park wasn't meant for that. We're all mostly one-way streets,
it's high density in our single-family residential area. So, the point is,
we're not against boats. We live on the Miami River; we love boats. But you
can't live in the house and have... live in the backyard in boats at the same
time. Thank you.
Mr. Trop: We have a less common speaker here as well, and there's one point,
I think, that hasn't been said, and somebody might as well say it at this
point: if this law passes, there's going to be a lot of lawsuits, because
it's going to be the people on certain islands against the few that are there.
That's what going to happen, they've promised us.
252 December 11, 1986
Mayor Suarez: We've been warned.
Mr. Trop: OK. We have an individual here who represents somewhat of an
interesting argument, and I give you Martin.
Mr. Martin Suskin: I'm here, I think...
Mayor Suarez: Give us your name and address.
Mr. Siskind: My name is Martin Siskind. I now live in England. I'm planning
to move back to Florida, where I went to school and lived. I've lived in
Europe for the last 16 years, but I come back and forth. I am planning to
move back to the Miami area. I went out on a boat, and looked around at
several waterfront properties that I was familiar with before. I came across
the Belle Meade area as an area I knew many years ago, and I have found a
house there. I have put up a deposit on this house there. The house... the
taxes on the house now, I believe, are $5,480 a year. It's on the waterfront.
I don't own a houseboat, I've never owned a houseboat, but I do like boats.
The feeling I got, going around Belle Meade Island, and other areas, was a
feeling of Europe, which is why I don't want to move to Boca Raton or Palm
Beach Island; I want to move, with all the problems that I hear about and read
about in the newspapers, I want to move right into Belle Meade, right close to
Biscayne Boulevard and walls and fences people are putting up, because I feel
I could handle that, and I'm not paranoid about living in an area where there
are a lot of different kinds of people. I read in the newspapers an article
about this problem with the boat owners, so I decided to find out about it,
which is how I met this gentleman, through one of the boat people. I met boat
people and I met people that lived on the island, and I tried to find out what
the real problem was. I tried to get both sides of the story, to see who I
could side with. I mean, I don't want to... I don't side with anybody, I'm
siding with Miami. The word "Miami" used to be generic to sun, calypso music,
dancing, freedom - that's what it was in the 120s and '30s, which brought
people like Merrick here, to build fabulous waterfront communities, in Coral
Gables and everywhere else. I don't want to go into all of that. I think
there is a problem here, that you have two sides fighting with each other,
over something that I don't really... I don't think it should be here. In
England, when we have problems - I live in an historic house; our house is
protected by historic rules, and we try to work things out with developers
that want to build big buildings - we try to stop them. We talk about it.
The last place we come is to the City, who has serious problems to deal with,
and I think the biggest problem the City has is the people within it, and
unless the people on both sides of this issue can get together and talk about
it, somewhere other than here, and I understand that people have tried to get
the two parties together, but they've been unsuccessful. So, I think the job
of the City should be to put these two sides together, work it out, and see if
something sensible could be done. But if you want Miami to be an
international city, with the ambience and atmosphere of an international city,
like Venice or Hong Kong, or any of the cities, you must have diverse
interests, and that would attract people, like me and other people. And so
far the estate agents have held the deposit for, now almost twelve weeks,
while I've been waiting. I went to the Waterboard Commission the other day...
the other night. It sounded very sensible to me; I agreed with what they had
to say. You have yachts, people coming from all over the world, living on
yachts. Their captains live on yachts, their crews live on yachts. You must
accept that this is a waterfront area - we're not in the Rocky Mountains!
We're on water, and with water, you have waterfront problems. And I hope, for
both sides that are here, you can sort something out, and let the City get on
with other problems.
Mayor Suarez: Thank you for your presentation.
Mr. Siskind: Thank you.
(Applause)
Mayor Suarez: Please.
253 December 11, 1986
NOTE FOR THE RECORD: Commissioner Joe Carollo reentered the meeting at 8:36
P.M.
Ms. Marguerite Shearin: Are you going to hear anything from me at all?
Mayor Suarez: Marguerite.
Ms. Shearin: Hi.
Mayor Suarez: Of course we are.
Ms. Shearin: My name is Marguerite Shearin. Mr. Siskind, this is the first
time we meet. You called me, but you never did tell me what finally happened.
I gave you cold facts. I told you where to go for information which was
factual. I hope you went there, and got it taken care of.
Mr. Siskind: Excuse me, if you're addressing it to me, I could at least
answer yes...
Ms. Shearin: Yeah, do.
Mr. Siskind: You told me several things; I checked up everything you told me,
I made a list - I made a list of what the houseboat people told me.
Ms. Shearin: Did I give you facts?
Mr. Siskind: Yes, and some of them were about a building that was put on 79th
Street, a federal building, an Immigration building that you also tried to
stop, and...
Ms. Shearin: That just... had nothing to do with it.
Mr. Siskind: ...you know, a lot of... well, that was part of the facts you
gave me.
Ms. Shearin: I see.
Mr. Siskind: And the building is standing there, and there are reasons for
the building there.
Ms. Shearin: You asked me about the neighborhood.
Mayor Suarez: OK, let's direct the questions and answers to the chair, and
Marguerite, just...
Mr. Siskind: Thank you.
Ms. Shearin: OK. I didn't really want to go into this, but I'm going to have
to change what I had to say. First of all, what are we trying to do? We are
trying to eliminate the house barge from our area. Why? In 1985, in May, a
very ugly two-story houseboat was allowed to dock by the bridge on Belle Meade
Island, by one of our neighbors who was sympathetic to, yes, an 60-year-old
widow, I guess. When that boat was docked there, everybody in the area was
appalled. They wanted to know, how could we allow that to be there? We did
what we could to get rid of it. Finally, we went to the Zoning Board, and we
found that that boat was there legally, because we could not prove anybody was
living on it. So, so much for your law as it is now. Unless you can prove
that somebody's living on it, you can do nothing about it. So, right after
that, a special exception was granted to one lady who brought her houseboat
into our area. We thought, at the time, that it was just a trial period,
because that's what they said. When we went to check it, finally, we found
out the special exception had been granted, and we were unable to do anything
about it, because our appeal period had passed. Right after that, within a
year, a second houseboat applied for special exception. The Zoning Board
allowed it, because they had allowed the first one, they felt they had to
allow this one. But by this time, we understood what we were facing. We went
to you, the City Commission; we asked you to revoke that special permit, and
you did. That lady had continued to improve her property. She has her boat
254 December 11, 1986
waiting in the river, up by Biscayne Boulevard, and when I asked her, in one
of these meetings, why she continued to spend money on it, she said she had
been told that she would get her special exception eventually. So I said,
"From whom? Who would say a thing like that?" She said, "I am not at liberty
to divulge." Do you know who did it?
Mr. Plummer: Who?
Ms. Shearin: I don't know, but that's the law as it is now. (LAUGHTER) All
right? Now, I want to show you some pictures. This is a picture of a
houseboat moved into our area at the end of May, on a Friday afternoon, at a
quarter to five, when we couldn't do anything about it. Would you take this
picture, please?
Mr. Plummer: Snuck it in on a Friday afternoon.
Ms. Shearin: And it is still...
Mr. Plummer: That's an old City Hall trick.
Ms. Shearin: It is still there. We cannot have it removed, it is still
there; it's there legally. This is a picture of the congestion, now, by
Bassett Boats, which we are afraid we are going to inherit. This is a
picture.
Mayor Suarez: Could you summarize?
Ms. Shearin: Summarize? We asked for this legislation, because we need
protection. The present law does not protect us at all. We are not angry at
anybody. We don't fight with anybody. We have tried to... we have come to
all the mediation meetings; but when they say "mediate," they mean... they
mean... excuse me, I've got to go back to my notes. "Mediation," to them,
means our capitulation. We can't capitulate. This is necessary for us. It's
necessary for our way of life. It's necessary for stabilizing of property
values. And I want to say one thing more. Belle Meade Island itself is one
of the prettiest, most unique places in the City. It's probably the only
island formed by two arms of the river. Allowing houseboats along both of
those arms of the river, for any cause, under any law, would make us into a
community like Hong Kong harbor. We want to maintain what we have. We have a
right to maintain it. Somebody spoke of paying $3,500 taxes and we're
laughing.
Mayor Suarez: They have a few more houseboats than we do, than we would ever
have.
Ms. Shearin: Right. I guess they do. What I'm trying to say, sirs, is, the
reason we have come to fifteen meetings now - this is our 15th appearance -
the reason is, because it's that important to us.
Mayor Suarez: Thank you, Marguerite.
Ms. Shearin: You don't want to hear that we're a minority, but have rights?
I wanted to say that we are a minority, but even as a minority, we have a
right. All right? OK, I'll stop.
Mayor Suarez: It seems like everyone in the City of Miami is a minority now.
We're all minorities.
(Applause)
Mr. William Smatt: Mr. Mayor, Commissioners, my name is William Smatt.
Ms. Shearin: Ha, ha. Hello, Mr. Smatt.
(Laughter)
Mr. Smatt: Hi! I own one acre of land...
Mr. Plummer: It sounds like Uncle Vito over here.
Mr. Smatt: ...on the river.
255 December 11, 1986
Mayor Suarez: I've got to read the record of this hearing.
Mr. Smatt: And I would like to ask the owners of that particular area...
Mayor Suarez: Where do you live, sir?
Mr. Smatt: Pardon me?
Mayor Suarez: Where do you live?
Mr. Smatt: Six seventy-nine Northeast 77th Street.
Mr. Plummer: Do you have a houseboat?
Mr. Smatt: And I pay over $5,000 in taxes. And I live in a mansion, I drive
in a Rolls-Royce convertible, and I have a lot of money. Now, I would like to
ask these folks one question. Is it because they are ugly houseboats, why you
really don't want them on the river? Is that the problem, is that they're
ugly? If they were beautiful, you wouldn't mini, am I right?
Mayor Suarez: These are all rhetorical questions. Go ahead.
Mr. Smatt: Now, if it is ugly, I am prepared to contribute $30,000 to all the
houseboat owners, to have their houseboats painted up, and to look good. This
is a bank check.
(APPLAUSE)
Mayor Suarez: Please. Please, please, please.
Mr. Smatt: So that they make this continual harassing you...
Mayor Suarez: What is it made out to, just so we don't pass up on this, now?
Mrs. Kennedy: (Laughing) Could you see this?
Mr. Smatt: You'd like to see. So that they will stop harassing you lovely
folks, so that you can carry on the business of the City! (APPLAUSE) What
more do you want?
(SUSTAINED APPLAUSE)
Mayor Suarez: Well, wait, wait, wait, wait, wait, wait. This is made out to
yourself.
Mr. Smatt: Yes! What do you want me to make it out to?
Mayor Suarez: Well, a fund of some sort, or the City of Miami, or..
Mr. Smatt: Well, we don't come to an agreement as yet. That's not a
problem - if you want more, you can have more. All I'm saying is, to get them
off of the back of the poor houseboat owners! My God, they don't even want
one houseboat on the island! They are interfering into the commercial area of
Little River, where there is a dockyard, there is a repair yard, there is also
a marina. What's wrong with these people? Jesus Christ! (APPLAUSE) I am
trying to help you all to live in love.
Mayor Suarez: Strike the last remark from the record.
Mr. Smatt: Try and stop hating your neighbors. I have three houseboats at my
properties. I think they are gorgeous. I get up in the morning and I look at
them every morning, and I think they are beautiful!
Mayor Suarez: Are they shaped like Rolls-Royces, by any chance?
Mr. Smatt: Pardon me, sir?
Mayor Suarez: Go ahead.
Mr. Smatt: And I enjoy looking at them. So, if there's a... I think this
should stop. My lord, Mayor, you must be having enough of this now. Enough
is enough, Jesus Christ.
256 December 11, 1986
Mayor Suarez: Oh, listen, you're really right there.
Mr. Smatt: And you beautiful Commissioners, you must be tired of listening to
this. It's silly and childish.
Mayor Suarez: What is your occupation, before you leave?
Mr. Smatt: I?
Mayor Suarez: What is your occupation? You don't have to say; I just...
Mr. Smatt: We are owners of hotels, textile mills, plantations, and still do,
in the Cayman Islands, Jamaica,...
Mayor Suarez: You've never been in the movies or anything like that?
Mr. Smatt: Not yet. (LAUGHTER) But I certainly would like to produce one.
We've got the means to do it.
Mrs. Kennedy: Mr. Smart, next Commission meeting, could you please get here
at 9:00 o'clock in the morning?
(LAUGHTER)
Mr. Smatt: I'd love to. Thank you very much.
(APPLAUSE)
Mr. Plummer: Now, would the homeowners like to bid forty?
(LAUGHTER)
Mr. A. Fremont: He's a difficult act to follow. (LAUGHTER) My name is...
Mrs. Kennedy: Try "impossible."
Mr. Carollo: We got $30,000 - can we get 35?
Mr. Fremont: Now that I remember it, 43 years ago, I worked right in this
same building, for Pan American Airways, on the beaching crew, in 1942.
Mr. Plummer: They haven't done a damn thing to improve it.
Mr. Fremont: I've been a resident of Miami a long time. I'm a member of the
Miami Yacht Club, the Seven Seas Cruising Association. I sold my home on
Killian Drive in order to live full time on a sailboat, which I do. My name
is Fremont, excuse me. I live at 2021 Northwest 14th Street, which is South
River Drive, on the river, at that point. And I, in order to be, quite by
accident, legal, it's a double lot, Mr. Mayor, so there's one house on two
lots, and that's where I live. I am concerned, particularly, with two or
three things here. The Seven Seas Cruising Association is made up of people
worldwide, who live on sailboats, as their only place of residence, and I'm
concerned with Section 15183, "Effect of SPI-9," and the last paragraph of
that says, "House barges are prohibited in the SPI-9 district, effective date
of ordinance," and that's what you're supposed to be passing tonight. And
then it says, "Any other vessel or private pleasure craft," including
houseboats, "may be used as an accessory use, subject to the limitations in
the underlying zoning districts, but shall not be used for living quarters,
dwelling unit, as either a principal use or accessory use." And then, down in
article 20, the last paragraph there says, "No pleasure craft or houseboat
shall be occupied as an accessory use as dwellings or lodgings in any
waterway, canal, or in Biscayne Bay, on which adjacent properties are zoned
RS-1." In other words, even though we have talked, and this ordinance
supposedly has to do with only a small part of the Miami River, and that
section of Little River that's been mentioned, both these state that it's not
only on houseboats, that it's all live -aboard vessels. And it's not only in
those two small areas: "or in Biscayne Bay or any other waterway," which I
presume has to do with the City of Miami or Dade County. I don't really think
it's the intent of this Commission to state that you don't want any live -
aboard vessels in the City of Miami anywhere. Perhaps...
257 December 11, 1966
Mr. Plummer: That's not what's been said at any time, sir. It's where the
live-aboards are. We have a lot of live-aboards right back here, at Dinner
Key.
Mr. Fremont: That's correct.
Mr. Plummer: We have a lot of live-aboards close to where you are, in Nuts's
Boat Yard.
Mr. Fremont: Could I ask that the ordinance...
Mr. Plummer: We've never, ever said that we didn't want live-aboards. What
we have said is, we want to control where they are,...
Mr. Fremont: Yes.
Mr. Plummer: ...and try to keep residential sections residential.
Mr. Fremont: Article 20 says "in any waterway, canal, or in Biscayne Bay."
That's the wording of this, Mr. Plummer, and Section 15183 says "in the
underlying zoning districts, but shall not be used for living quarters," that
is, any other type of vessel than houseboats.
Mayor Suarez: Well, it's been explained that it only applies to two areas of
the City right now.
Mr. Fremont: Yeah, except that the wording of both...
Mayor Suarez: Well, there's...
Mr. Fremont: ...these are... I know that the words are... you're saying these
things.
Mayor Suarez: Other... yeah, other aspects of the code clarify that.
Mr. Plummer: Mr. Mayor, so that we don't get into a problem, I assume the
policy of this Commission is going to be upheld. It is obvious this item is
going to be the last item at 9:00. There are many people that are waiting to
be heard, that are not going to be heard, and I think this Commission should,
so that they're not further burdened, by staying here, and their items are not
going to be heard, I think we ought to so declare that, and let them know when
to come back to this Commission in January, because the other items are just
not going to be heard tonight. So, in fairness to those who are here on other
items, I think this Commission needs to be honest and truthful with them, that
we're just not going to be able to hear them tonight.
UNIDENTIFIED SPEAKER: Mr. Mayor, if I may, I'm here on Item number 15, which
has positive staff recommendations, and nine... unanimous vote of the PAB. My
clients, which are interested in this, have to make a $50,000 nonrefundable
deposit before the end of this year.
Mr. Plummer: Yeah, that's fine, and I'm sure it's of interest to everyone
that is here - OK? - especially the people that say on the transitional uses,
they're very much concerned. But this Commission's policy is, whatever item
at 9:00 o'clock is the last item, and if we make an exception for you, then
we've got to make an exception for others, and we'll be here till 12:00 or
1:00 o'clock in the morning. And I've sat here twelve hours today.
UNIDENTIFIED SPEAKER: I appreciate that.
Mr. Plummer: I'm tired.
UNIDENTIFIED SPEAKER: I would ask, whatever you might be able to do.
Mr. Plummer: So, I don't know what the feelings of my colleagues are.
Mayor Suarez: Is there anyone here on PZ-15, just so we can resolve your
problem? To be heard against or for?
Mr. Dawkins: I'm not going to hear 15 if I don't hear 16. I mean, I...
Mayor Suarez: You've heard the Commissioner.
258 December 11, 1986
E--
11
Mr. Dawkins: I mean, all right,...
Mayor Suarez: OK.
Mr. Dawkins: I'm just telling you, if you're going to hear 15, we're going to
hear 16.
Mayor Suarez: PZ-10 has companion items, which are what - 11, 12, 13?
Mr. Plummer: Yeah, but, Mr. Mayor, you also have a lot on the original agenda
that's...
87. FIRST READING ORDINANCE: APPROPRIATE FEDERAL URBAN DEVELOPMENT ACTION
GRANT FUNDS (UDAG) TO CRUZ DEVELOPMENT COMPANY FOR AFFORDABLE HOUSING IN
PARCEL 24 OF OVERTOWN/PARK WEST. (ALSO SEE LABEL #42)
------------------------------------------------------------------------------
Mayor Suarez: And we need to get a couple of things done... in fact, let me
interrupt at this point. On Items 44, 45, 46, and 47, Matthew, want to...
Mr. Plummer: That doesn't have to be done tonight.
Mr. Odio: Yes, it does.
Mr. Matthew Schwartz: It does.
Mr. Plummer: No, it doesn't.
Mayor Suarez: Tell us why, if you think it has to be done tonight, Matthew.
We passed over these before, that's why we're getting back to them.
Mr. Schwartz: I have the answers to the three questions.
Mr. Walter Pierce (OFF MIKE): the UDAG by the end of the month.
Mr. Schwartz: The U.S. Department of Housing and Urban Development has
requested that we execute it by the end of this month.
Mr. Plummer: They requested.
Mr. Schwartz: They "111 entertain any amendments after that. The reason is,
they want to be sure that OMB, when they do any monitoring, doesn't start
taking the money away. This would assure that we have it. The original
agreement calls for us to execute... the Manager to execute the agreement by
the end of the month.
Mayor Suarez: This relates to, for your information, those of you who have
been waiting, to an item we heard during the day, that we never determined, we
never voted on, which has an import of - what, $10.4 million dollars, if we
don't...
Mr. Schwartz: Ten point one million dollars.
Mayor Suarez: Ten point one.
Mr. Schwartz: Two UDAG grants, for housing.
Mayor Suarez: What were the answers to the questions?
Mr. Schwartz: OK. The first one, having to do with the default provision:
the UDAG loan is secured by the leasehold mortgage in favor of the City, all
land, buildings, fixtures, equipment, and assets of the developer. The City
has second place.
Mr. Plummer: Why don't we have first?
Mr. Schwartz: The first is to the... he has a $15,000,000... one has a
$15,000,000, and the other has a $21,000,000 private funding into the project.
Mayor Suarez: Construction loan?
Mr. Schwartz: Yeah, construction and permanent financing, which has first
place. A UDAG's always secondary place - that's the way it's been done in the
other grants. If they default on the first, they automatically default on the
second, and it becomes immediately due. As far as the construction costs,
Cruz construction costs per square foot is $44; Can -American is $46 a square
foot. Rent ranges... the third question was, the rent ranges: Cruz are from
three... for one -bedrooms, are from $377 to $497; two bedrooms, $452 to $579 -
that will be the rents in two years from now, when the project opens. And
Can -American, the rents will be $390 to $410 for the one -bedrooms, and the two
bedrooms will be in the range of $480 to $550, when the project opens two
years from now.
Mayor Suarez: I'll entertain a motion on 44. (SILENCE) I move 44.
Mr. Plummer: Motion to move 44. Is there a second?
Mr. Dawkins: Second.
Mr. Plummer: It's seconded. Under discussion by the Commission. Hearing
none, call the roll. Is it an ordinance?
Ms. Maria J. Chiaro: Yes.
Mr. Plummer: Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE APPROPRIATING FEDERAL URBAN DEVELOPMENT
ACTION GRANT FUNDS (UDAG) FOR USE AS A SUBORDINATE
LOAN TO CRUZ DEVELOPMENT COMPANY AS PARTIAL FINANCING
FOR THE CONSTRUCTION OF A 415-UNIT RENTAL HOUSING
APARTMENT COMPLEX ON PARCEL 24 OF THE PHASE I
REDEVELOPMENT AREA OF THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT.
Was introduced by Mayor Suarez 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 Assistant 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.
260 December 11, 1986
88. EXECUTE AGREEMENT WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR URBAN DEVELOPMENT ACTION GRANT (UDAG) FOR CRUZ DEVELOPMENT
COMPANY TO CONSTRUCT AFFORDABLE HOUSING ON PARCEL 24 OF OVERTOWN/PARK
WEST.
Mayor Suarez: Item 45. What's the difference between 44 and 45?
Mr. Dawkins: Move 45.
Mayor Suarez: Moved.
Mr. Matthew Schwartz: It's a resolution authorizing the Manager to sign the
agreement.
(INAUDIBLE SECOND BY COMMISSIONER PLUMMER)
Mayor Suarez: Seconded. Call the roll. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-1035
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
ON BEHALF OF THE CITY A GRANT AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR AN URBAN DEVELOPMENT ACTION GRANT (UDAG)
WHICH WILL PROVIDE $5,643,000 TO THE CITY OF MIAMI TO
BE USED AS A SUBORDINATE LOAN TO CRUZ DEVELOPMENT
COMPANY FOR THE CONSTRUCTION OF A 415-UNIT RENTAL
HOUSING APARTMENT COMPLEX ON PARCEL 24 OF THE PHASE I
REDEVELOPMENT AREA OF THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT PROJECT, AND FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT THE UDAG AND
EXECUTE A LOAN AGREEMENT WITH CRUZ DEVELOPMENT COMPANY
BASED UPON THE TERMS OF THE GRANT AGREEMENT BETWEEN
THE CITY AND HUD.
(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.
261 December 11, 19$6
------------------------------------------------------------------------------
89. FIRST READING ORDINANCE: APPROPRIATE FEDERAL URBAN DEVELOPMENT ACTION
GRANT FUNDS (UDAG) FOR CAN-AMERICAN REALTY FOR AFFORDABLE HOUSING ON
PARCEL 37 OF OVERTOWN/PARK WEST.
------------------------------------------------------------------------------
Mr. Dawkins: Move 47.
Mr. Schwartz: It's 46.
Mayor Suarez: Forty-six.
Mr. Dawkins: Forty-six.
Mayor Suarez: That's the other project?
Mr. Schwartz: That's the appropriation ordinance for Can -American.
Mayor Suarez: For the other project.
Mr. Schwartz: Right, and 47...
Mayor Suarez: In the same UDAG grant, same problem if we don't pass it.
Forty-seven moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll. Or, read the
ordinance.
Mr. Plummer: Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE APPROPRIATING FEDERAL URBAN DEVELOPMENT
ACTION GRANT FUNDS (UDAG) FOR USE AS A SUBORDINATE
LOAN TO CAN-AMERICAN REALTY CORPORATION AS PARTIAL
FINANCING FOR THE CONSTRUCTION OF A 350-UNIT RENTAL
HOUSING APARTMENT COMPLEX ON PARCEL 37 OF THE PHASE I
REDEVELOPMENT AREA OF THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The Assistant 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.
262 December 11, 1986
------------------------------------------------------------------------------
90. EXECUTE AGREEMENT WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR URBAN DEVELOPMENT ACTION GRANT (UDAG) TO CAN-AMERICAN REALTY
FOR AFFORDABLE HOUSING ON PARCEL 37 OF OVERTOWN/PARK WEST.
Mayor Suarez: Now your companion item, the resolution? I'll entertain a
motion on 47.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-1036
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
ON BEHALF OF THE CITY A GRANT AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR AN URBAN DEVELOPMENT ACTION GRANT (UDAG)
WHICH WILL PROVIDE $4,500,000 TO THE CITY OF MIAMI TO
BE USED AS A SUBORDINATE LOAN TO CAN-AMERICAN REALTY
CORPORATION FOR THE CONSTRUCTION OF A 350-UNIT RENTAL
HOUSING APARTMENT COMPLEX ON PARCEL 37 OF THE PHASE I
REDEVELOPMENT AREA OF THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT PROJECT, AND FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT THE UDAG AND
EXECUTE A LOAN AGREEMENT WITH CAN-AMERICAN REALTY
CORPORATION BASED UPON THE TERMS OF THE GRANT
AGREEMENT BETWEEN THE CITY AND HUD.
(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. Dawkins: I moved these; I'm not at all happy with it, because I don't
think that's affordable at all, but I don't want to lose the $10,000,000
Mr. Plummer: And you have so instructed these app... hello, there. You so
instructed they've got a time frame running on them.
Mr. Schwartz: Right. We'll be back with the lease agreements for the
properties, and it was a one-year time frame.
Mayor Suarez: Madame City Clerk, did you have to open up some bids? Would
you start, on items...
Mr. Dawkins: Mr. Mayor, it is 8;57, and when these... and we said we're going
to quit at 9:00. I don't think we should... and it's unfair to these people
to stop in the middle of this. I mean,...
263 December 11, 1986
91. GRANT CITY CLERK AND ASSISTANT CITY CLERK A SALARY INCREASE.
Mr. Plummer: No, no, no. No, no. The last item is the last item, however
long it takes us to finish that item. If it's till 9:30 on the houseboats,
we're here to 9:30. May I make one quick resolution, to give our City Clerk a
happy... merry Christmas? I move that those monies allocated in the budget
for raises for the Clerk and Assistant Clerk be granted.
Mr. Carollo: Second.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1037
A RESOLUTION GRANTING MATTY HIRAI, CITY CLERK, A
SALARY INCREASE IN THE EQUIVALENT AMOUNT AS CONTAINED
IN THE CURRENT YEAR'S BUDGET OF THAT OFFICE.
(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.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1037.1
A RESOLUTION GRANTING WALTER FOEMAN, ASSISTANT CITY
CLERK, A SALARY INCREASE IN THE EQUIVALENT AMOUNT AS
CONTAINED IN THE CURRENT YEAR'S BUDGET OF THAT OFFICE.
(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: Do you have to open up bids on the - what is it - the Miami
Marina?
UNIDENTIFIED SPEAKER (OFF MIKE): Miamarina.
264 December 11, 1986
0
Mr. Dawkins: Yes.
Mayor Suarez: Madame City Clerk? Would you proceed to do that?
Mr. Schwartz: It's award of bid.
Ms. Hirai: We don't have any bids in our office to open today.
Mayor Suarez: Award the bids?
Mr. Schwartz: Award of bid.
Mr. Plummer: I haven't seen the bids.
Mr. Schwartz: I don't have... try to find Public Works, but it's on Item 86
on your...
Mr. Plummer: But I haven't seen the bids.
Mrs. Kennedy: So we can't do it if we don't see it.
Mayor Suarez: Proceed. Why don't you provide the Commissioners with the
bids, if you expect us to vote on that tonight.
92. FIRST READING ORDINANCE: AMEND ORDINANCE 9500 TO ADD NEW SECTION "SPI-18
LITTLE RIVER CANAL -GROVE PARK OVERLAY DISTRICT" (HOUSEBOATS). (ALSO SEE
LABEL 086)
Mayor Suarez: Sir, proceed, so we can finish your item.
Mr. Stuart Hanley: My name's Stuart Hanley. I live at 777 Northeast 77th
Terrace, next to one of those red spots up there, and I live on a houseboat.
I pay nearly $4,000 in taxes on my property. Anyway, I'm opposed to this
ordinance. I'd like to direct your attention to a letter which is in your
packet, from the Marine Council, which is a group of very interested marine
interests here in Miami, which I'll get into. It's to "Dear Mr. Mayor and
Commissioners, the Marine Council at its board of directors' meeting held
today passed the following motion. The Marine Council has not arrived at a
position with regard to the wisdom of restricting certain areas of the City
for the use by houseboats or house barges. It does object to the wording in
the Intent section of the proposed amendment to the ordinance. That wording
suggests that Little River and the Miami River are inappropriate hurricane
refuge sites, whereas the opposite is true. It alludes to the possible
obstruction of the fairway because of insufficient room is available for
maneuvering. This concern does not seem warranted, in that house barges
typically are moved by other vessels. It states, a public health hazard is
presented by reason of waste water discharges. If such conditions exist, they
can be corrected by avenues other than the removal of the house boat... house
barges. This ordinance should not be passed if these are the justifications
on which it is based. The wording should be reviewed and clarified." I've
lived in that area about six years, on my houseboat, and invested quite a bit
so as to be able to stay there. I'd like to suggest to you all that the
answer to this problem might be to create a special district of Belle Meade
Island alone, and... Mr. Mayor? (LAUGHTER) And go ahead and restrict house
barges or live-aboards on that island alone. (APPLAUSE) For the most part,
the people who object to the boats live there, and, as you can see, the rest
of the area pretty much would like for them to stay. And that's what I would
like to suggest as an answer to this problem.
Mayor Suarez: We've been trying to hammer out a compromise now for, I don't
know how many months, but even at the last moment, you never know when
something will come up.
Mr. Hanley: Yeah. Personally, I have been and sat at the recommendation of
the Waterfront Board, and tried to cut a compromise with...
265 December 11, 4986
f
Mayor Suarez: Well, all they... all they recommended is, maybe the CRB should
look at this.
Mr. Hanley: Well, what we came up with was that we couldn't really get a
compromise out of the island people at all, and I'd like to suggest that now.
And that's all.
(APPLAUSE)
Mayor Suarez: Please. Yes, ma'am - make it quick, please.
Ms. Terri Caudle: Good evening. My name is Terri Caudle. I live at 7306
Belle Meade Island. The opposition talks about enforcing new laws. The
present laws seem to be hard to enforce. According to your Pollution
Department, it is illegal to dump waste; yet, and I quote Mr. Farina,
"everyone does it, because it's hard to catch them." Well, the cities of
Miami Beach, Coral Gables, and Miami Shores have solved this problem and given
it to us, because they have banned houseboats, and with no incidents of being
sued, I might add. I agree with you, this is a waterfront community, and
remember, at one time you could drive down Collins Avenue and see houseboats
lined all up and down there, but no more. That has to tell you something.
Please support this ordinance, don't postpone it, and vote with us tonight.
Thank you.
(APPLAUSE)
Mayor Suarez: Thank you. That clapping only delays us.
Ms. Dova Cauthen: My name is Dova Cauthen. I live at 671 Northeast 77th
Street. I live very close to Biscayne Boulevard, on the river. I love boats.
We have a 28-foot Bertram, a 22-foot open fisherman, 11-foot Boston whaler,
and inflatable dinghy. So, needless to say, the water is very important to
US. We have had trouble navigating down Little River. I have a picture here
I'd like to give you, that shows the houseboats, with other boats tied up to
them. As you can see, there's very little water there left to navigate in.
Next door to me, I have three houseboats on one side, and one houseboat on the
other side. Because this area - these properties - are not suitable for all
this... this many people to reside there, we have garbage on the street 24
hours a day and seven days a week. We have a big garbage can out there, with
garbage in it. And I'm not talking about trash, I'm talking about garbage. I
won't take any more of your time; I know everybody's tired, but I would like
for you to support this amendment. Thank you.
(APPLAUSE)
Mayor Suarez: That almost completes the presentation. Go ahead.
Ms. Silvia Tamames: OK. My name is Silvia Tamames. I live in 881 Belle
Meade Island. Not the City, the community, or the neighborhood or waterways,
benefit from house barges. An empty lot pays to the City the same amount of
property taxes, with or without a house barge. They are off the property tax
roll. House barges affected also the navigation and pollution of the
waterways. The City gives protections from mobile homes and trailers, in
zoning code Section 2020, and the principle of this amendment is to give us
protection from floating homes or house barges. I hope you vote for it.
Thank you.
(APPLAUSE)
Mayor Suarez: Thank you. Counselor?
Mr. Trop: If we could add three points. The first point, about the waste,
is, there's no proof that it's from the boats that are there. The second
point is that the size of the yacht she's talking about, that yacht is longer
than that river is wide. It doesn't belong up at the and of the river, we
don't think, but we don't complain about it. And the third point is, the
widest houseboat is 20 feet, and finally, 2024 bans houseboats and
liveaboards, and whatever you want to call them, in all residential sections
in Miami, and we think it's too much. Thank you.
(APPLAUSE)
266 December 11, 1986
0
-0
Mayor Suarez: Houseboats to be rebuttal.
position?
Mr. Bob Worsham: Yes, air.
Can you state the Civic League's
Mayor Suarez: Want to state it, in ten seconds or less?
Mr. Worsham: Yes, very quickly. My name is Bob Worsham, president of the
Miami Civic League. I've been on the road all day; I'm ready to go, too. But
I do want to convey to you that it is a very serious zoning matter, and the
other civic associations belonging to the League have voted to support both
Belle Meade Island and Grove Park, and they're here tonight to express that.
That's Belle Meade, Grove Park, Morningside, Tigertail,
Mr. Dawkins: Bay Height.
Mr. Worsham: Bay Heights,...
Mayor Suarez: Would the representatives of those associations stand up, so we
know that you're here? We've got one, two, three, four, all right.
Mr. Worsham: There's some more outside. But there was a unanimous vote.
Some of the other people, that were not at that meeting, probably would follow
pursuit. Any meetings that we have, zoning issues, now, rank right in with
crime issues, so we'd appreciate your support. Thank you.
Mayor Suarez: Thank you, Bob. (APPLAUSE) OK, that completes the
presentations, I presume. I'll entertain a motion from the Commission on Item
PZ-10.
Mrs. Kennedy: Ser...
Mr. Plummer: Move it.
Mrs. Kennedy: Sergio, how many illegal houseboats are there?
Mr. Rodriguez: If I may, I would like to put a few things on the record.
Mayor Suarez: Sergio.
Mr. Rodriguez: Among them that we have,... let me start in order, before I
answer the question, Commissioner Kennedy. Based on my professional opinion,
buttressed by my resume, which is in the hands of the City Attorney, and on
the vote by the Planning Advisory Board, which is a board that is experienced
and has the knowledge in the Planning field, I want to put in the record the
fact that we have, in the ordinance, Article 15, Section 1500, establishing
SPI districts, which are for areas officially designated as having a special
and substantial public interest in protection of existing or proposed
character, or of principal views of, from, or through the areas, and it goes
into other reasons why a district should be established. In this particular
case, we have the fact that we have a visual obstacle being placed in the
water in the canals, and the other areas on other properties, and the fact
that houseboats affect the neighbors facing them, because of the proximity in
which they are placed, as compared to a house, which is set on the uplands.
In addition to that, and answering specifically your question, Commissioner
Kennedy, in the Little River Canal, the information that we have, is that we
have 18 houseboats, of which we have four citations at this time, for
illegally being there. But, in reality, the information that we have from the
Building and Zoning Department, is that only two houseboats are legal at this
point. In the case,...
Mrs. Kennedy: Two houseboats are...
Mr. Rodriguez: Two.
Mrs. Kennedy: Two out of the 18?
Mr. Rodriguez: Two out of the 18, and there are four citations at this time,
given to property owners. In the Grove Park area, we have 18 houseboats. Of
those 18 houseboats, we have four citations on the property owners, covering
between ten and twelve houseboats. So, we have a situation, in this area, in
which we have a concentration of houseboats which are having a detrimental
267 December 11, 1986
effect on this particular area, justifying the creation of a Special Public
Interest district. In relation to the comment made by Commissioner Plummer
about the length, and the effect that it would have on the definition, we
agree with him, and I think that can be removed without any problem. In
relation to the comments that have been made as to SPI-9, the copies that have
been distributed to you, which was the same one that was distributed at the
Planning Advisory Board, correct the statement, and it refers to SPI-18, as
compared to the typo that was on that first copy, that refers to SPI-9.
Finally, in relation to the comment that was made by different people, that
this ordinance prohibits houseboats all over the place in the City of Miami,
in section 2024.1.4, it specifically says that, "No pleasure craft or
houseboat shall be occupied as an accessory use as dwellings or lodgings in
any waterways on which adjacent properties are zoned RS-1 and RS-2." What
this means is, that houseboats or pleasure craft are not allowed as an
accessory use, meaning as a second unit, or a second dwelling, on the
property, because these two properties, RS-1 and RS-2, are single-family
properties. Always, houseboats in the City has been prohibited in properties
which are already developed with a single-family, and if you were to allow a
second unit, in the way of a houseboat, used by people to live there, you
would be actually allowing two units in a single-family area. And with that,
I conclude my statement.
Mr. Plummer: I heard a statement. To the best of your knowledge, is it
correct that live-aboards are not permitted in Coral Gables and Miami Beach?
Mr. Rodriguez: I don't know.
Mr. Pierce: Miami Beach has specifically...
Mr. Siskind: Just a second. Excuse, me, sir.
Mr. Plummer: Miami Beach specifically has an ordinance of no liveaboards?
Mr. Siskind: Sir, that can't be true.
Mayor Suarez: Wait, wait, wait, wait, wait, wait, wait.
Mr. Plummer: What?
Mr. Christopher Korge: Miami Beach has an ordinance which grandfathered in
certain houseboats, but now prohibits future houseboats, on the Indian Creek
Waterway.
Mr. Plummer: OK.
Mr. Siskind: Sir, I...
Mr. Korge: And incidentally, Commissioner, that was upheld by the court as
constitutional.
Mr. Plummer: There's no question in my mind.
Mayor Suarez: This Public hearing is ended. Do you want to make any
clarification?
Mr. Siskind: I just want to say that I have photographs taken three days ago
on Collins Avenue, of houseboats that are there; one by... a very interesting
solicitor lives there.
Mayor Suarez: That's... that was not...
Mr. Siskind: There are houseboats on Collins Avenue now. They've been there
for many years. This lady said...
Mr. Pierce: Mr. Mayor.
Mr. Siskind: ...they are not there anymore.
Mr. Pierce: The statement specifically was that certain houseboats were
grandfathered and permitted to remain. New ones were prohibited.
Mr. Siskind: Yes, sir, but the lady just said they are not there anymore.
268 December 11, 1986
Mayor Suarez: Right. Well, we don't...
Mr. Siskind: They are not there anymore,...
Mr. Pierce: That's not so. There are some.
Mr. Siskind: ...and it's not a true statement.
Mr. Plummer: Mr. Mayor.
Mayor Suarez: Yeah, we don't take either one of the statements as being
necessarily reflective of what's going on.
Mr. Plummer: I move Item 10.
Mayor Suarez: So moved. I'll second.
Mrs. Kennedy: Under discussion, and I don't know how we can do this, but,
just as we demolish unsightly buildings that are torn down, couldn't we do the
same thing with these...
Mr. Rodriguez: What you can do is have...
Mrs. Kennedy: ...awful houseboats?
Mr. Rodriguez: ...code enforcement on those properties which are now illegal,
and in that way you will eliminate those which are not complying with the law.
That's the reason why we have some citations at this point. We have, as I
mentioned before, several houseboats which are not legally in place. Those
are the ones you can get rid of.
Mrs. Kennedy: Question: what are we doing with the $30,000?
(LAUGHTER)
Mr. Rodriguez: I think that...
Mr. Pierce: I would suggest...
Mr. Plummer: You'd better get it back.
Mr. Pierce: Give it... I think you give it back to him.
Mr. Plummer: You'd better get it back. He put it back in his pocket. You'd
better get it back.
Mr. Rodriguez: The only thing you can do, if the person donated that, is to
improve those houseboats which are going to stay there.
Mr. Plummer: Use them for moving fees.
(INAUDIBLE BACKGROUND COMMENTS AND SCATTERED APPLAUSE)
Mr. Pierce: This is a land use matter. Be careful, talking about $30,000.
Mr. Plummer: That's moving expenses.
Mr. Dawkins: Read the ordinance, Madame City Attorney.
Mayor Suarez: Do we have a second? We did - I seconded it.
Mr. Dawkins: You seconded it. Read the ordinance.
Mayor Suarez: Read the ordinance.
Mr. Dawkins: Call the roll.
269 December 11, 1986
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 15180
ENTITLED "SPI-18 LITTLE RIVER CANAL -GROVE PARK OVERLAY
DISTRICT," SECTION 15181 ENTITLED "INTENT," SECTION
15182 ENTITLED "DEFINITIONS," AND SECTION 15183
ENTITLED "EFFECT OF SPI-18 DISTRICT DESIGNATION";
RESERVING SECTIONS 15174-15179 AND 15183-15189 FOR
FUTURE USE; AND BY AMENDING SUBSECTION 2024.1.4
ENTITLED "LIMITATIONS ON FACILITIES AND USES RELATED
TO DOCKAGE AND MOORAGE OF VESSELS IN RESIDENTIAL
DISTRICTS" TO INCLUDE WATERWAYS AND BISCAYNE BAY; AND
SUBSECTION 2024.11 (2ND PARAGRAPH) ENTITLED
"EXTENSIONS OF DOCKS INTO WATERWAYS OR CANALS; SPECIAL
EXCEPTIONS" TO ENLARGE THE INFORMATION REQUIREMENTS
FOR APPLICATIONS TO EXTEND DOCKS INTO WATERWAYS,
CANALS OR BISCAYNE BAY; AND BY AMENDING ARTICLE 36
ENTITLED "DEFINITIONS" TO ADD DEFINITIONS FOR
HOUSEBOATS AND HOUSE BARGES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Mayor Suarez and
was passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Plummer: I move Item 11.
UNIDENTIFIED SPEAKER: I would like to have something to say here.
Mayor Suarez: Sir?
UNIDENTIFIED SPEAKER: About 27 years ago, I built a houseboat, and it's still
in good shape. Now, if you're going to cut out houseboats, that means I'll
have to move off my houseboat. I'm 77 years old. My boat is still in good
shape, and it's kept up well. It's not bothering anyone. So, if I get moved
off that houseboat, there's a home across the creek from me for old folks, run
by the City. So, I'd like to know what room you're going to put me in,
because if I have to move off that houseboat, I'm going to want some kind of
roof over my head. And when the pollution of the... when you're talking about
pollution, I know that the sewerage is not good anywhere, but most of the
pollution that we've got in that little creek of the north fork of the Miami
River was'from people that walked a block to throw their garbage in, that went
bad in the refrigerators in the store. They throwed in all kinds of packages,
of pork, about three or four hundred pounds, and I could hardly get out of
there. I called the people that was supposed to take care of the pollution on
the river; they didn't come up there. When the people want to cut their grass
and the trees, and throw away their planks, and so forth...
Mayor Suarez: OK, I'm going to cut you off right now. This is the first
reading of this ordinance. You're welcome to make all the statements you want
at the second reading of the ordinance, and the ordinance will not take effect
until - how many days after the second reading?
Mr. Pierce: Thirty days.
Ms. Hirai: Thirty days, sir.
270 December 11, 1986
Mayor Suarez: OK, so you've got approximately 60 days in which to try to
convince us to not pass this on second reading.
Mr. Rodriguez: Actually, more than that.
(INAUDIBLE BACKGROUND COMMENTS FROM AUDIENCE)
Mayor Suarez: No, no, no one else, please. You're out of order.
------------------------------------------------------------------------------
93. TRANSMIT PROPOSED AMENDMENTS TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS.
Mayor Suarez: We have a motion on Planning and Zoning Item 11.
Mr. Plummer: I moved it.
Mrs. Kennedy: Second.
Mayor Suarez: Do we have a second? All of the arguments for and against, for
the record, are accepted on any of these items that are related to Planning
and Zoning Item 10. Call the roll on PZ-11. Do we have to read an ordinance
there?
Mr. Rodriguez: It's a resolution.
Ms. Hirai: No, sir, it's a resolution.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1038
A RESOLUTION DIRECTING THE CITY CLERK TO TRANSMIT PROPOSED
AMENDMENTS TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
AND ADDENDA (SEPTEMBER 1985), FOR THE AREA GENERALLY
BOUNDED BY BISCAYNE BOULEVARD AND THOSE PROPERTIES EAST OF
BISCAYNE BOULEVARD FRONTING ON THE LITTLE RIVER CANAL AND
SOUTH LITTLE RIVER CANAL, AND FRONTING BISCAYNE BAY
BETWEEN THE LITTLE RIVER CANAL AND SOUTH LITTLE RIVER
CANAL; AND THAT AREA ON THE SOUTH BANK OF THE MIAMI RIVER
BETWEEN THE NORTHWEST 17TH AVENUE BRIDGE AND STATE ROAD
836 BRIDGE, TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
FOR COMMENT; ESTABLISHING PUBLIC HEARING DATES FOR
CONSIDERATION OF AN ORDINANCE AMENDING THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER
1985) FOR THE SUBJECT AREA BY CHANGING THE DESIGNATION
FROM LOW DENSITY RESIDENTIAL, MODERATE HIGH DENSITY
RESIDENTIAL, AND RESIDENTIAL COMMERCIAL TO SPECIAL USE;
SUCH DATE BEING THURSDAY, FEBRUARY 26, 1987, AFTER 5:00
P.M. FOR SECOND READING; MAKING FINDINGS.
(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
271 December 11, 1986
----------------------------- ------------------------------------------------ Z
94. FIRST READING ORDINANCE: CHANGE DESIGNATION OF AREA BOUNDED BY BISCAYNE
BLVD. AND SOUTH LITTLE RIVER CANAL FROM LOW DENSITY RESIDENTIAL,
MODERATE -HIGH DENSITY RESIDENTIAL, RESIDENTIAL -COMMERCIAL AND RESTRICTED
COMMERCIAL TO SPECIAL USE.
------------------------------------------------------------------------------
Mayor Suarez: Comp. Plan...
Mr. Rodriguez: Amendment.
Mayor Suarez: Amendment to PZ-12.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Same Item.
Mr. Rodriguez: It's an ordinance.
Mayor Suarez: Moved, seconded.
Mr. Dawkins: Read the ordinance.
Mr. Rodriguez: It's an ordinance.
Mayor Suarez: Read it, please.
Mr. Pierce: It's a resolution.
Mr. Robert Clerk: It's an ordinance. It's an ordinance. It's mislabeled in
the agenda.
Mrs. Dougherty: Is this PZ-12?
Mr. Rodriguez: Right. It's an ordinance.
Mayor Suarez: We'll take that $30,000 - we'll figure out how to use it.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY THE AREA GENERALLY
BOUNDED BY BISCAYNE BOULEVARD AND THOSE PROPERTIES
EAST OF BISCAYNE BOULEVARD FRONTING ON THE LITTLE
RIVER CANAL AND SOUTH LITTLE RIVER CANAL, AND FRONTING
BISCAYNE BAY BETWEEN THE LITTLE RIVER CANAL AND SOUTH
LITTLE RIVER CANAL; AND THAT AREA ON THE SOUTH BANK OF
THE MIAMI RIVER BETWEEN THE NORTHWEST 17TH AVENUE
BRIDGE AND STATE ROAD 836 BRIDGE (MORE PARTICULARLY
DESCRIBED HEREIN) BY CHANGING THE DESIGNATION OF THE
SUBJECT PROPERTY FROM LOW DENSITY RESIDENTIAL,
MODERATE HIGH DENSITY RESIDENTIAL AND RESIDENTIAL
COMMERCIAL TO SPECIAL USE; MAKING FINDINGS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
272
December 11, 1986
NNW
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.
------------------------------------------------------------------------------
95. FIRST READING ORDINANCE: APPLY SPI-18 LITTLE RIVER CANAL/GROVE PARK
OVERLAY DISTRICT TO AREA BOUNDED BY BISCAYNE BOULEVARD AND SOUTH LITTLE
RIVER CANAL.
------------------------------------------------------------------------------
Mayor Suarez: Thirteen is also related.
Mrs. Kennedy: Move 13.
Mayor Suarez: You move...
Mrs. Kennedy: Move 13.
Mayor Suarez: Moved. Seconded?
Mr. Plummer: Thirteen?
Mayor Suarez: Yes.
Mr. Plummer: Yeah.
Mayor Suarez: Seconded. Any discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY APPLYING THE SPI-18 LITTLE RIVER CANAL -
GROVE PARK OVERLAY DISTRICT TO THE AREA GENERALLY
BOUNDED BY BISCAYNE BOULEVARD AND THOSE PROPERTIES
EAST OF BISCAYNE BOULEVARD FRONTING ON THE LITTLE
RIVER CANAL AND SOUTH LITTLE RIVER CANAL, AND FRONTING
BISCAYNE BAY BETWEEN THE LITTLE RIVER CANAL AND SOUTH
LITTLE RIVER CANAL; AND THAT AREA ON THE SOUTH BANK OF
THE MIAMI RIVER BETWEEN THE NORTHWEST 17TH AVENUE
BRIDGE AND STATE ROAD 836 BRIDGE, (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS; ADOPTING AND
INCORPORATING BY REFERENCE THE "DESIGNATION REPORT";
AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBERS 8,
9 AND 24 OF THE ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
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.
273 December 11, 1986
NNW
--------------------------------------- - ----------------------------------
96. FIRST READING ORDINANCE: AMEND OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS.
Mrs. Kennedy: Move 14.
Mayor Suarez: Fourteen is to correct a scrivener's error.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Plummer: Now, let's have an understanding. I'm going home, OK? Now,
it's 9:00 o'clock, that is our agreement, and I don't want to be making
anybody look bad, but I'm saying that that is the rule of this Commission.
I've sat here, as you well know, with a cold, all day, and I'm tired. I've
been here twelve hours. And I guarantee you, once we start, like he said,
we're going to be here till midnight, because you can't say "yes" to one and
"no" to others, and there's some damn important things here that are not going
to get taken care of, and I realize that. But we're human, and I'm sorry,
it's just... I've had it, you know? Where are you going to stop?
Mayor Suarez: I'll entertain a motion on 14, PZ-14.
Mrs. Kennedy: I moved it.
Mayor Suarez: Moved. Do we have a second?
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll on PZ-14.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI BY AMENDING
PAGE 3 OF THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS, ENTITLED "PRINCIPAL USES AND STRUCTURES"
BY INSERTING A PROVISION UNDER RO-3 RESIDENTIAL OFFICE
THAT USES INCLUDE RG-3 (GENERAL RESIDENTIAL) AND USES
PERMITTED GENERALLY OR PERMISSIBLE BY SPECIAL PERMIT
IN THE RO-2 (RESIDENTIAL OFFICE) DISTRICT; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
274 December 11, 1986
J
97. FIRST READING ORDINANCE: ADD NEW SECTION "CBD STORAGE FACILITY."
Mrs. Kennedy: And this is the last one I'm doing - I move 15.
Mayor Suarez: Planning and Zoning Item 15's been moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Anyone wishes to be heard on PZ-15?
Let the record reflect that no one stepped forward. 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 20, ENTITLED "GENERAL AND
SUPPLEMENTARY REGULATIONS," BY ADDING A NEW SECTION
2039 ENTITLED "CBD STORAGE FACILITY"; BY PROVIDING FOR
A DEFINITION AND LIMITATIONS FOR CBD STORAGE
FACILITIES; AND AMENDING PAGE 5 OF THE OFFICIAL
SCHEDULE OF DISTRICT REGULATIONS BY ADDING A NEW
PARAGRAPH 7 TO CBD-1 CENTRAL BUSINESS DISTRICT
PROVIDING FOR CBD STORAGE FACILITIES BEING PERMISSIBLE
ONLY BY SPECIAL PERMIT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Plummer: May I wish all of you a very merry Christmas.
Mrs. Kennedy: Merry Christmas too.
Mrs. Dougherty: To you too.
Mr. Odio: Merry Christmas, Happy New Year.
------------------------------------------------------------------------------
NOTE FOR THE RECORD: At this point, agenda item PZ-16 was continued to
January 22, 1987, and 6:00 P.M.
------------------------------------------------------------------------------
275 December 11, 1986
THERE BEING NO lURTHER BUSINESS TO COMB BEFORE THE CITY
COMISSION, THE ING VAS ADJOURNED AT 9:23 P.N.
ATTEST:
!Natty Hirai
CITY CLERK
Valter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
N A T O R
* lNCOItY�(PN.1TE1>
IB 96
276 December 11, 1986
llFV OF MIAMI
DOCUMENT
MEETING DATE
DECEMBER 11, 1986
INDEX -
DOCUMENT IDENTIFICATION
DEEPEST SYMPATHY OF THE CITY COMMISSION
ON BEHALFOF THE CITY OF MIAMI AND ITS
CITIZENS TO THE FAMILY AND FRIENDS OF
MAYOR EDWARD KING OF MOUNT PLEASANT, IOWA,
WHO WAS KILLED WHILE PERFORMING HIS PUBLIC
DUTIES; ALSO ESPRESSING SOLIDARITY WITH COUN-
CIL MEMBERS JOANN SANKEY AND RONALD DUPREE
WHO WERE WOUNDED IN THIS TRAGIC EVENT.
ALLOCATE $50,000 IN SUPPORT OF A SERIES OF
FILM INDUSTRIES RELATED SEMINARS/FEBRUARY
6-15, 1987/AUTHORIZE AGREEMENT WITH THE FILM
SOCIETY OF MIAMI, INC. TO IMPLEMENT THE HEREIN
ALLOCATION.
AUTHORIZE SALE OF $2,000,000 CITY OF MIAMI
SUBORDINATED PARKING SYSTEM REVENUE BONDS,
SERIES 1986; AWARDING THE SALE THEREOF TO
WILLIAM R. WATTS AND NORTHERN TRUST BANK.
APPOINT THREE MEMBERS TO THE BOARD OF TRUSTEES
OF THE CITY OF MIAMI GENERAL EMPLOYEES AND
SANITATION EMPLOYEES RETIREMENT TRUST/ORDI-
NANCE NO. 10002, SECTIONS 40-226/227
ALLOCATE $50,000. TO PARTLY UNDERWRITE "THE
17TH ANNUAL BUDWEISER UNLIMITED HYDROPLANE
REGATTA", AND AN ADDITIONAL $25,000 GRANT
IN SUPPORT OF SAID REGATTA/POLICY NO. APM-
1-84,DATED JANUARY 24, 1984.
AMEND AGREEMENT WITH PRIEDE-SEDGWICK, INC.,
EXTNEDING THE TERM FROM ONE YEAR TO TWO,
INCREASING TO $256,000 TOTAL COMPENSATION
ALLOWED FOR PROFESSIONAL SERVICES.
AUTHORIZE AGREEMENT WITH ETLING PRODUCTIONS,
INC. FOR THE USE OF THE MIAMI MARINE STADIUM
(ONE YEAR PERIOD), TO CONDUCT TEN (10) MUSICAL
CONCERTS OR OTHER ENTERTAINMENT EVENTS.
AMEND AGREEMENT OF MARCH 21, 1985 WITH THE
REAL ESTATE RESEARCH CORP. FOR THE PREPARATION
OF APPRAISALS OF PARCELS OF PROPERTY WITHIN
THE SOUTHEAST OVERTOWN PARK WEST REDEVELOP-
MENT PROJECT PHASE I, TO BE EXTENDED FROM
FEBRUARY 28,1986 TO DECEMBER 31, 1986.
AUTHORIZE AGREEMENT WITH MOSES C. FLORENCE
FOR THE PREPARATION OF APPRAISALS OF PROPERTY
LOCATED WITHIN THE SOUTHEAST OVERTOWN PARK
WEST REDEVELOPMENT PROJECT PHASE I AREA.
COMMISSION RETRI
r;w
86-971
86-972
86-973
86-974
86-975
OCUMENT11NDEX.
Pa�EM�=P �� 1906
CONTINUED
D:CInNT IDENTIFICATION
TERMINATE AGREEMENT DATED JULY 20, 1983,
WITH SOUTH FLORIDA ECONOMIC DEVELOPMENT
CORPORATION, INC., (SFEDC), IN ACCORDANCE
WITH CONTRACT PROVISION NUMBER 13.
BID ACCEPTANCE: SAXON-NUCO CORPORATION FOR
FURNISHING TWENTY (20) FACSIMILE MACHINES
FOR CITY WIDE USE/PROPOSED COST: $35,780.00
BID ACCEPTANCE: ALFRED LLOYD & SONS, INC.,
FOR N.W. 19 AVENUE SANITARY SEWER REPLACEMENT
PROJECT/PROPOSED AMOUNT: $84,964.41.
BID ACCEPTANCE: TREE MASTERS, INC. ($43,182.)
AND JUELLE, INC. ($28,272.), FOR THE DEMOLI-
TION OF VARIOUS STRUCTURES TO THE DEPARTMENT
OF BUILDING & ZONING.
BID ACCEPTANCE: POWER FEDERAL DETECTIVE
BUREAU FOR FURNISHING SECURITY GUARD SERVICE
AT THE MANUEL ARTIME COMMUNITY CENTER/ONE
YEAR RENEWABLE/PROPOSED COST: $36,163.80.
ORDER MORNINGSIDE HIGHWAY IMPROVEMENT H-
4523, AND DESIGNATIONG THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENTS FOR A PORTION
OF THE COST THEREOF AS MORNINGSIDE HIGHWAY
IMPROVEMENT DISTRICT H-4523.
AMEND SECTION 1 OF RESOLUTION NO. 86-905
BY CHANGING THE DESIGNATION AND AMOUNT OF
FUNDS IN REFERENCE TO 21 PARCELS OF PROPERTY
NEEDED FOR THE OVERTOWN URBAN PROJECT.
ESTABLISH/IMPLEMENT A PERFORMANCE AND BID
BOND PROGRAM POLICY RELATIVE TO THE REQUIRE-
MENTS FOR MINORITY AND FEMALE FIRMS AND
THE PROCUREMENT OF GOODS AND SERVICES AND
PUBLIC WORKS CONSTRUCTION PROJECTS ($200,000
OR LESS)/RESCIND RESOLUTION Nos. 84-423
AND 84-873.
AUTHORIZE CLOSURE OF STREETS ON JANUARY
11, 1987,FOR THE THREE KINGS PARADE CONDUCTED
BY W.Q.B.A. RADIO STATION/CONDITIONED UPON
THE ORGANIZERS PAYING FOR THE COSTS OF CITY
SERVICES BEYOND THE COSTS ALLOCATED.
AUTHORIZE CLOSURE OF STREETS FOR THE 1986
KING MANGO STRUT PARADE AND FESTIVAL, SPON-
SORED BY THE COCONUT GROVE JAYCEES/DECEMBER
2811986, IN PEACOCK PARK AND DOWNTOWN COCONUT
GROVE.
AUTHORIZE PERMIT TO CLOSE STREETS AND TO
SELL BEER AND WINE DURING THE 1987 COCONUT
GROVE ART FESTIVAL TO BE HELD FEBRUARY 14,15,
16, 1987 IN PEACOCK AND MEYERS PARK AND
IN DOWNTOWN COCONUT GROVE.
:. • .
86-977
: •:.
0CUNIENTINDEX
DECEMBER 11, 1986
CONTINUEDPAGE #3
=:LpeNT 1D:KTIMATSON
ACCEPT THE PLAT ENTITLED LAINEY LANE SUBDIVI-
SION A SUBDIVISION IN THE CITY OF MIAMI,
AND THE DEDICATION SHOWN ON SAID PLAT. AUTHO-
RIZE/DIRECT CITY MANAGER/CITY CLERK TO EXE-
CUTE THE PLAT, ETC...
ALLOCATE $45,000.00 IN SUPPORT OF "THE SUPER-
STARS FOR 1987".
ALLOCATE $30,000.00 FROM THE 1986-87 BUDGET
FOR THE CONTINUATION OF SERVICES BY SPECIAL
COUNSEL TO THE CITY'S CODE ENFORCEMENT BOARD.
AUTHORIZE AGREEMENT TO OPERATE A HOME DELIV-
ERED FOOD PROGRAM FOR THE FRAIL ELDERLY.
ALLOCATE $75,000 FROM THE SPECIAL PROGRAMS
AND ACCOUNTS SENIOR CENTERS OF DADE COUNTY,
INC.
AMEND THE ECONOMIC DEVELOPMENT AGREEMENTS
WITH THE ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, INC. AND WYNWOOD COMMUNITY EC-
ONOMIC DEVELOPMENT CORPORATION TO EXTEND
THE CONTRACT AGREEMENT FROM DECEMBER 31,
1986 TO JUNE 30, 1987, AND PROVIDE AN ADDI-
TIONAL $25,000.
ACCEPT BID TEMPTROL AIR CONDITIONING INC.,
FOR FURNISHING AIR CONDITIONING FOR THE
POLICE DEPARTMENT/TOTAL PROPOSED FIRST YEAR
COST: $28,061.52
IDENTIFY/DESIGNATE RWVENUES PRODUCED FROM
SPECIAL ASSESSMENT COLLECTIONS AS A PLEDGE
TO SECURE BONDS ISSUED FOR FUNDING CAPITAL
IMPROVEMENT PROJECTS IN CITY PARKS, SAID
PLEDGE TO REPLACE A PREVIOUS PLEDGE OF BAY -
SIDE SPECIALTY CENTER AND PARKING GARAGE
REVENUES.
AUTHORIZE/APPROVE PAYMENT TO SHARPTON-BRUNSON
AND COMPANY, P.A. ($17,167) FOR SERVICES
RENDERED IN CONECTION WITH THE LOAN PORT-
FOLIO AUDIT OF MIAMI CAPITAL DEVELOPMENT,
INC. (JUNE 30, 1986).
DIRECT THE ADMINISTRATION TO BEGIN PLACING
CERTAIN REQUIRED CITY ADVERTISEMENTS IN
THE MIAMI NEWS, WITH THE EXCEPTION OF THOSE
ADVERTISEMENTS WHICH ARE DETERMINED BY THE
CITY MANAGER TO BE PLACED IN THE MIAMI HERALD
AUTHORIZE CITY MANAGER TO REQUEST PROPOSALS
FROM MINORITY AND WOMEN -OWNED BANKS FOR
ESTABLISHING SPECIAL BANK ACCOUNTS FOR A
PERIOD OF TWO YEARS.
:. �
ocuENTWDIEX
PAGE �� 1986
CONTINUED
au%obc- Wt IDENTIFICATION
ENDORSE/ENCOURAGE GENERAL ANTONIO MACEO 86-1002
FUNDATION, INC. IN ITS FUND-RAISING EFFORTS
FOR THE DEVELOPMENT AND OPERATION OF GENERAL
ANTONIO MACEO PARK, A CITY PROPERTY LOCATED
AT 5115 N.W. 7 STREET, MIAMI.
ALLOCATE $3,200. TO COVER THE COST OF CITY 86-1006
SERVICES AND FEES IN SUPPORT OF "A MESICAN
CHRISTMAS IN THE GROVE"/CONDUCTED BY AERO-
MEXICO, INC., ON DECEMBER 14, 1986, IN
PEACOCK PARK.
ALLOCATE $150,000/SUPPORT OF SIX (6) COMMU- 86-1007
NITY CULTURAL EVENTS/CONDITIONED UPON ADMIN-
ISTRATIVE POLICY NO. APM 1-84, DATED JANUARY
24, 1984.
AUTHORIZE/RENEGOTIATE BARGANING AGREEMENT 86-1008
WITH MIAMI GENERAL EMPLOYEES/AFSCME, LOCAL
1907, AFL-CIO/PERIOD OF OCTOBER 1, 1986
THROUGH SEPTEMBER 30, 1987/PURSUANT TO RESO-
LUTION NO.84-1170, OCTOBER 10, 1984.
AFFIRM PAYMENT OF $14,170.12, TO REVIEW 86-1009
FINANCIAL PRINTERS FOR EMERGENCY PRINTING
SERVICES.
RATIFY/APPROVE/CONFIRM THE CONSTRUCTION 86-1010
OF A 2' FT. HIGH BARRIER WALL AT THE FIRE
STATION NO.5 TO GROUP IV CONSTRUCTION, INC./
TOTAL PROPOSED COST OF $9,813./ALLOCATE
FUNDS FROM THE 1986-87 OPERATING BUDGET.
RATIFY CITY MANAGER'S EMERGENCY PROVISION 86-1011
OF TWENTY FOUR HOURS -DAILY, SEVEN DAYS PER
WEEK, ARMED SECURITY GUARD SERVICES WITH
MARKED COMPANY CARS AND WITH RADIOS FOR
ONE MONTH FROM NOVEMBER 8, 1986 THROUGH
DECEMBER 8, 1986, FROM LOYD PROTECTION COR-
PORATION ($7,068.00)/AUTHORIZE TO EXTEND
THIS SERVICE UNTIL THE CITY POLICE MINI -
STATION IS RELOCATED TO THE OVERTOWN SHOPPING
CENTER.
APPOINT CERTAIN INDIVIDUALS TO FILL TWO 86-1013
(2) VACANCIES ON THE CITY OF MIAMI AFFIRMA-
TIVE ACTION ADVISORY BOARD.
APPOINT CERTAIN INDIVIDUALS TO SERVE AS 86-1014
MEMBERS ON THE PLANNING ADVISOTY BOARD OF
THE CITY OF MIAMI, FLORIDA.
APPOINT CERTAIN INDIVIDUALS TO SERVE AS 86-1015
MEMBERS ON THE ZONING BOARD OF THE CITY
OF MIAMI, FLORIDA.
OCUMENTINDEX
P��Em�=a �� 19B6
CONTINUED
Do:ubcwi suNuriCATION
AUTHORIZE AN INCREASE IN THE CONTRACT AMOUNT
OF $100,000 WITH WILLIAMS PAVING COMPANY
INC., DATED MARCH 7, 1986 FOR THE CONSTRUCTION
OF DOWNTOWN HIGHWAY IMPROVEMENT - PHASE I.
AUTHORIZE THE ISSUANCE OF A REQUEST FOR PRO-
POSALS, FOR A UNIFIED DEVELOPMENT PROJECT
FOR A FULL -SERVICE BOAT YARD FACILITY, MARINA
AN ANCILLARY MARINE -RELATED RETAIL, LOCATED
AT 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA.
EXPRESS FIRM CONVICTION OF THE MIAMI CITY
COMMISSION THAT NO MORE JAILS SHOULD BE BUILT
WITHIN MIAMI CITY LIMITS.
EXECUTE AGREEMENT WITH VOLUME SERVICES, INC.
FOR CONCESSION OPERATIONS AT THE MIAMI ORANGE
BOWL STADIUM AND THE MIAMI BASEBALL STADIUM
FOR FIVE (5) YEARS WITH THE OPTION TO EXTEND
THE CONTRACT FOR ONE ADDITIONAL FIVE YEAR
PERIOD.
ALLOCATE $5,000 IN SUPPORT OF THE 1986 MIAMI
CONGRESSIONAL WORKSHOP TO BE HELD DECEMBER
28-30, 1986, CONDITIONED UPON THE ORGANIZERS
HOLDING NEXT YEAR'S EVENT IN THE CITY OF
MIAMI.
AUTHORIZE THE USE OF THE CIVIC CENTER SITE
FOR THE DEVELOPMENT OF LOW -DENSITY SALES
HOUSING WITHIN THE AFFORDABLE LIMITS OF LOW
AND/OR MODERATE INCOME FAMILIES/DIRECT CITY
MANAGER TO PREPARE A REQUEST FOR PROPOSALS
FOR SUCH DEVELOPMENT.
ALLOCATE $5,000 IN SUPPORT OF THE MARTIN
LUTHER KING DAY PARADE TO BE HELD JANUARY
19, 1987/
ACCEPT BID OF INFORMATION MANAGEMENT OF FLO-
RIDA/CANON FOR THE RENTAL OF THREE MICROFILM/
MICROFICHE READER PRINTERS/CONTRACT BASIS:
ONE YEAR RENEWABLE ANNUALY TO THE DEPARTMENT
OF POLICE/TOTAL COST OF $18,060.00.
CONFIRM/ORDER RESOLUTION NO.86-898/AUTHORIZE
CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR
THE CONSTRUCTION OF EAST OF LITTLE HAVANA
HIGHWAY IMPROVEMENT -PHASE II IN EAST LITTLE
HAVANA HIGHWAY IMPROVEMENT DISTRICT -PHASE
II H-4528.
CLARIFY INTERPRETATION OF "FIGURE 7 MIAMI
CENTER I/ONE DUPONT PLAZA TIMELINE," AS REFER-
ENCED IN CONDITIONS 24 AND 28 OF THE DEVELOP-
MENT ORDER APPROVED BY RESOLUTION NO. 86-
828, TO CONFIRM THAT THE TERMINATION DATE
StT FORTH IN SECTION 6 OF SAID RESOLUTION
SHALL BE SUBJECT TO THE DEVIATION PROVISIONS
OF SECTION 380.06(19), FLORIDA STATUTES (1985
& SUPP. 1986).
86-1016
86-1017
.1 m t1iiEz1
86-1021
86-1023
86-1025
86-1027
86-1029
86-1032
86-1033
I�IENT
DOCuIVDEX
DECEMBER 11, 1986
CONTINUED PAGE #6
a::LrtNT IDENTIFICATION
APPROVE THE DUPONT PLAZA AREA REDEVELOPMENT
PLAN FOR THE AREA BOUNDED ON THE EAST BY
BISCAYNE BAY; ON THE NORTH BY FLAGLER STREET;
ON THE WEST BY SOUTHEAST 1ST. AVENUE, AND
ON THE SOUTH BY THE MIAMI RIVER.
AUTHORIZE CITY MANAGER TO EXECUTE ON BEHALF
OF THE CITY A GRANT AGREEMENT WITH THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVEL-
OPMENT (HUD) FOR AN URBAN DEVELOPMENT ACTION
GRANT (UDAG) WHICH WILL PROVIDE $5,643,000
TO THE CITY OF MIAMI.
AUTHORIZE A GRANT AGREEMENT WITH THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVEL-
OPMENT (HUD), FOR AN URBAN DEVELOPMENT GRANT
(UDAG), WHICH WILL PROVIDE $4,500,000 TO
THE CITY OF MIAMI TO BE USED AS A SUBORDINATE
LOAN TO CAN-AMERICAN REALTY CORPORATION FOR
THE CONSTRUCTION OF A 350-UNIT RENTAL HOUSING
APARTMENT COMPLEX.
GRANT MATTY HIRAI, CITY CLERK, A SALARY IN-
CREASE IN THE EQUIVALENT AMOUNT AS CONTAINED
IN THE CURRENT YEAR'S BUDGET OF THAT OFFICE.
GRANT WALTER FOEMAN, ASSISTANT CITY CLERK,
A SALARY INCREASE IN THE EQUIVALENT AMOUNT
AS CONTAINED IN THE CURRENT YEAR'S BUDGET
OF THAT OFFICE.
DIRECT CITY CLERK TO TRANSMIT PROPOSED AMEND-
MENTS TO THE MIAMI COMPREHENSIVE NEIGHBOR-
HOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR
THE AREA BOUNDED BY BISCAYNE BOULEVARD AND
THOSE PROPERTIES EAST OF BISCAYNE BOULEVARD./
PUBLIC HEARING DATE FOR SECOND HEARING: FEB-
RUARY 26, 1987.
86-1034
86-1035
86-1036
86-1037
86-1037.1
86-1038