HomeMy WebLinkAboutCC 1986-07-24 MinutesITY OF MI MI
* INCORPMOIi:1TE1)
18J96
o
OF MEETING HELD ON Julv 24, 198A
(PLANNING & ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
6.
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INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF NIANI, FLORIDA
JULY 24, 1986
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
PRESENTATIONS,
PLAQUES,
PRESENTED
1
PROCLAMATIONS.
7/24/86
2.
COMMISSIONER KENNEDY
SHOWS TROPHY
PRESENTED
1-2
EARNED IN THE DOWNTOWN
DESK RACE.
7/24/86
3.
CO -DESIGNATING S.W.
28 TERRACE
R-86-598
2
BETWEEN S.W. 27TH AVENUE AND DIXIE
7/24/86
AS "MIDDLE STREET."
4.
CO -DESIGNATING S.W. 4 AVENUE
R-86-599
2-3
BETWEEN S.W. 8 STREET AND S.W. 2
7/24/86
STREET AS "JUAN GUALBERTO GOMEZ
BOULEVARD"
5.
DISCUSSION REGARDING RECENTLY
DISCUSSION
3-7
INSTITUTED LEGAL REQUIREMENT FOR
7/24/86
REGISTRATION OF LOBBYISTS.
6.
(A) REQUEST FOR PROPOSALS FOR
M-86-600
7-15
MIAMARINA IMPROVEMENTS, SETTING 50%
7/24/86
OF THE DEVELOPMENT AND MANAGEMENT
TEAM FOR MINORITIES. (B) DISCUSSION
REGARDING POLICE SUBSTATIONS.
7.
AUTHORIZE INCREASE IN CONTRACT WITH
R-86-601
16-18
PNM CORP. FOR CONSTRUCTION OF
7/24/86
BAYFRONT PARK REDEVELOPMENT PHASE
II.
8.
ACCEPT BID: EBSARY FOUNDATION CO. -
R-86-602
18-19
FOR "SLIP 3 - MOORING PILE
7/24/86
INSTALLATION" (S63,500).
9.
APPROVE IN PRINCIPLE APPLICATION OF
R-86-603
19-23
PROJECT DEVELOPER "1469 N.W. PARK
7/24/86
PLAZA CORP" FOR CONSTRUCTION OF
"CIVIC PARK PLAZA PROFESSIONAL
OFFICE BUILDING" - AUTHORIZE UDAG
GRANT APPLICATION.
10.
CONSENT AGENDA
23
7/24/86
10.1 AUTHORIZE PURCHASE OF 4,000 LINEAR R-86-604 24
FEET OF DUCTILE IRON PIPE AND 7/24/86
FITTINGS UNDER DADE CONTRACT FROM
THE MIAMI-DADE WATER AND SEWER
AUTHORITY.
10.2 ACCEPT BID: ROBERT MCINTYRE "M & B R-86-605 24
LAW SERVICE" FOR LOT CLEARING AT 7/24/86
4861 N.W. 7TH STREET.
10.3 ACCEPT BID. JIM PROSSER R-86-606 24
ENTERPRISES, INC. FOR ONE AALADIN 7/24/86
45-5300 HEAVY DUTY PRESSURE CLEANER
TRAILER AND HOT WATER TANK.
10.4
AUTHORIZE AGREEMENT WITH THE BOARD
R-86-607
24
OF DIRECTORS OF MEDICAL ARTS
7/24/86
TRAINING CENTER FOR SERVICES FOR
EMERGENCY MEDICAL TECHNICIAN -
PARAMEDIC TRAINING PROGRAM.
10.5
GRANT BEER AND WINE PERMIT FOR
R-86-608
25
W.Q.B.A. FOR SUPER Q. BEACH PARTIES
7/24/86
ON AUGUST 10 AND SEPTEMBER 7, 1986
IN VIRGINIA KEY; PROVIDED REQUIRED
PERMITS ARE OBTAINED.
10.6
RATIFY CITY MANAGER'S EMPLOYMENT OF
R-86-609
25
ELLIS-SNYDER ASSOCIATES FOR
7/24/86
ADDITIONAL WORK ON DINNER KEY
MARINA RENOVATION AND EXPANSION
PROJECT PLANS.
10.7
CONTINUE ANNUAL LICENSE FOR COGEN
R-86-610
25
SOFTWARE AND FOR XGEN SOFTWARE.
7/24/86
10.8
ACCEPT UDAG GRANT FROM HUD FOR
R-86-611
25
ACQUISITIONAL REHABILITATION
7/24/86
CONVERSION OF 21-STORY CONGRESS
BUILDING INTO OFFICE/COMMERCIAL
BUILDING.
10.9
ENDORSE DEVELOPMENT OF FLORIDA HIGH
R-86-612
25
SPEED RAIL PROJECT.
7/24/86
10.10
RENEW LEASE WITH BURROUGHS
R-86-613
25.
CORPORATION FOR ONE HUNDRED B-20
7/24/86
MICROCOMPUTERS AND SEVENTY-FIVE
PRINTERS, ETC.
10.11
EXECUTE FIRST AMENDMENT TO AMENDED
R-86-614
26
AND RESTATED LEASE AGREEMENT WITH
7/24/86
BAYSIDE CENTER LIMITED PARTNERSHIP
FOR THE BAYSIDE SPECIALTY CENTER
RETAIL PARCEL.
10.12
AUTHORIZE FIRST AMENDMENT TO
R-86-615
26
SUPPLEMENTAL AGREEMENT WITH MIAMI
7/24/86
MOTORSPORTS AND BAYSIDE CENTER
LIMITED PARTNERSHIP RELOCATE GRAND
PRIX RACE COURSE OUTSIDE OF
BAYFRONT PARK.
11.
DEFER CONSIDERATION OF REQUEST FOR
M-86-616
26-28
PROPOSALS TO FURNISH
7/24/86
TOWING/WRECKING SERVICES TO CITY
DEPARTMENTS.
12.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
28-31
CONCERNING AGREEMENT WITH DAVID
7/24/86
PLUMMER TO ASSIST IN PREPARATION OF
A D.R.I. APPLICATION REGARDING THE
SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT (SEE LABEL
#28)
13.
DISCUSSION AND DEFERRAL OF BAYSIDE
DISCUSSION
31-33
CENTER LIMITED PARTNERSHIP
7/24/86
AGREEMENT FOR BAYSIDE SPECIALTY
CENTER PARKING GARAGE PARCEL.
14.
EXTENSION OF AGREEMENT WITH VINCENT
R-86-617
33-36
GRIMM FOR WORLD TRADE CENTER
7/24/86
PROJECT.
15.
EMERGENCY ORDINANCE: AUTHORIZE
ORDINANCE
36-38
ISSUANCE OF $40,000,000 GENERAL
10134
OBLIGATION REFUNDING BONDS (SERIES
7/24/86
1986) FOR REFUNDING FIRE, HOUSING,
SEWER AND HIGHWAY BONDS.
16.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
38-42
OF APPROVING THE ACQUISITION OF
7/24/86
PROPERTY BY LEASE -PURCHASE (SEE
LABEL 829)
17.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
42-43
SPECIAL REVENUE FUND: "OVERTOWN
10135
JOB TRAINING AND DEVELOPMENT
7/24/86
PROGRAM" - ACCEPT GRANT FROM U.S.
DEPARTMENT OF LABOR.
18.
(A) INCREASE OF TRANSFER AND
ORDINANCE
43-48
DISPOSAL FEE AMEND BY DADE COUNTY.
10136
(B) EMERGENCY ORDINANCE: ASSESSING
7/24/86
FEE AGAINST ALL COMMERCIAL
ESTABLISHMENTS TO OFFSET COST OF
TRASH AND STREET CLEANING SERVICES.
19.
SECOND READING ORDINANCE: AMEND
ORDINANCE
48-49
9939 - ESTABLISH NEW PROJECT,
10137
"PRELIMINARY BOND ISSUE"
7/24/86
20.
SECOND READING ORDINANCE: AMEND
ORDINANCE
49
9939 -ESTABLISH NEW PROJECT, "MIAMI
10138
STADIUM ROOF REPAIRS"
7/24/86
21.
SECOND READING ORDINANCE: AMEND
ORDINANCE
49-50
9939 ESTABLISH NEW CAPITAL
10131'
IMPROVEMENT PROJECT, - "COCONUT
7/24/86
GROVE EXHIBITION CENTER -
TELESCOPIC SEATING.
22.
DISCUSSION AND DEFERRAL OF PROPOSED
DISCUSSION
50-52
APPROPRIATION OF FUNDS TO RENOVATE
7/24/86
COMMISSION CHAMBERS TO ENABLE
CABLECASTING OF MEETINGS.
23.
SECOND READING ORDINANCE: AMENDING
ORDINANCE
52
ORDINANCE WHICH CREATED THE YOUTH
10140
ADVISORY COUNCIL.
7/24/86
24.
APPOINT LYDIA PRADO TO YOUTH
R-86-618
53
ADVISORY COUNCIL.
7/24/86
25.
A) APPROPRIATE FUNDS FOR CAPITAL
R-86-619
53-59
IMPROVEMENTS TO CITY PARKS -
7/24/86
DESIGNATE FUNDING SOURCES. B)
DISCUSSION OF BAYFRONT PARK.
26.
ALLOCATE $30,000 IN SUPPORT OF
R-86-620
60-71
METRO MIAMI ACTION PLAN.
7/24/86
27.
ALLOCATION OF FUNDS FOR CERTAIN
R-86-621
71-90
SOCIAL SERVICE AGENCIES FROM COM-
7/24/86
MUNITY DEVELOPMENT BLOCK GRANT
FUNDS; NAMING CERTAIN AGENCIES
TO RECEIVE ANY ADDITIONAL FUND
BALANCE.
•
f
28.
AUTHORIZE EXECUTION OF AGREEMENT
R-86-622
90-91
WITH DAVID PLUMMER AND ASSOCIATES,
7/24/86
INC FOR ASSISTANCE IN PREPARATION
OF APPLICATION FOR DEVELOPMENT OF
OVERTOWN/PARK WEST REDEVELOPMENT
PROJECT (SEE LABEL #12)
29.
EMERGENCY ORDINANCE: APPROVE
ORDINANCE
91-93
ACQUISITION OF CERTAIN PROPERTY BY
10141
LEASE —PURCHASE (SEE LABEL #16)
7/24/86
30.
(A) WORSHAM BROTHERS IS TO HAVE:
M-86-623
93-107
UNTIL 15TH OF AUGUST TO NEGOTIATE
M-86-624
CONTRACT FOR INTERIM EXHIBITION
R-86-625
SPACE. (B) PROCEED TO COMPLETE
7/24/86
DRAWINGS FOR INTERIM EXHIBITION
SPACE; ESTABLISH USERS COMMITTEE,
SET PUBLIC HEARING FOR SAME. (C)
APPOINT MONTY TRAINER, HENRY
NIVENS, AND LARRY FEEL TO THE
INTERIM EXHIBITION SPACE COMMITTEE.
31.
PLACING MERRILL—STEVENS ON NOTICE
R-86-626
108-121
THAT CITY IS CONSIDERING A FUTURE
7/24/86
USE OF DINNER KEY AREA PRESENTLY
OCCUPIED BY SAID FIRM.
32.
APPROVE ISSUANCE OF REQUEST FOR
R-86-627
121-122
PROPOSALS FOR DAYCARE AT MUNICIPAL
7/24/86
GARAGE NO.5.
33. AUTHORIZE NEGOTIATION OF AGREEMENT M-86-628
WITH FLAGLER LANDMARK AND 7/24/86
ASSOCIATES FOR REDEVELOPMENT OF THE
OLYMPIA BUILDING AND GUSMAN
CULTURAL CENTER.
34. ALLOCATE $50,000 (CD BLOCK GRANT R-86-629
FUNDS) TO ST. JOHNS'S COMMUNITY 7/24/86
DEVELOPMENT CORPORATION FOR
ASSISTANCE TO HOUSING DEVELOPERS.
35. CITY MANAGER TO FORMULATE COMMITTEE M-86-630
TOGETHER WITH HOST COMMITTEE TO 7/24/86
ATTEND "U.S. OLYMPIC FESTIVAL
CONFERENCE" IN HOUSTON.
36. 90—DAY AGREEMENT FOR M-86-631
CONSULTANT/GRANTSMAN SERVICES TO BE 7/24/86
NEGOTIATED.
37. (A) SINGLE FAMILY RESIDENCES TO BE M-86-632
EXEMPTED FROM ASSESSMENT OF FUTURE M-86-633
IMPACT FEES. (B) ENDORSE PROPOSED
IMPACT FEE ORDINANCE AND REQUEST
ANOTHER DRAFT OF ORDINANCE.
38. DISCUSSION OF RECENT LEGISLATIVE DISCUSSION
ENACTMENTS AFFECTING CITY 7/24/86
LITIGATION.
122-125
125-128
128-131
131-132
133-142
142-143
39. DISCUSSION CONCERNING STATUS REPORT DISCUSSION 143
ON DISPOSITION OF CASES IN CITY 7/24/86
ATTORNEY'S OFFICE — JUNE 1985 TO
JUNE 1986.
40. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION
CONCERNING MIAMI CAPITAL 7/24/86
DEVELOPMENT INC. (SEE LABEL #48.)
41. REQUEST STUDY FOR CREATION OF TAX M-86-634
INCREMENT DISTRICT IN OMNI/VENETIA 7/24/86
AREA.
143-156
156-158
0". f
42.
CLOSE STREETS, ALLOW BEER/WINE FOR
R-86-635
158
1986 COCONUT GROVE JAYCEES
7/24/86
HALLOWEEN FESTIVAL.
43.
DISCUSSION CONCERNING CLAUGHTON
DISCUSSION
159
ISLAND HOUSING.
7/24/86
44.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
160-164
OF RANDY RANDALL SETTLEMENT OF
7/24/86
REPLEVING CLAIM ($220,000) (SEE
LABEL #61)
45.
AUTHORIZE ADDENDUM TO APPROVED
R-86-636
164-165
GRANT PROGRAM FINAL STATEMENT TO
7/24/86
H.U.D. REQUESTING INCREASED FUNDING
($2,030,000) FOR C.D. PROGRAM.
46.
FIRST READING ORDINANCE:
FIRST
165-166
APPROPRIATING ADDITIONAL $2,030,000
READING
FOR COMMUNITY DEVELOPMENT BLOCK
7/24/86
GRANT (12TH YEAR)
47.
AMEND CONTRACT WITH MIAMI DADE
R-86-637
166-169
TRADE AND TOURISM COMMISSION TO
7/24/86
INCREASE ALLOCATION BY $37,500
STIPULATING AGENCY MUST RESOLVE
AUDIT ISSUES.
48.
OUTSIDE AUDIT FOR MIAMI CAPITAL
M-86-638
169-171
DEVELOPMENT INC. ALLOCATION OF
7/24/86
$30,000; LIMIT AGENCY'S ACTIVITIES
DURING AUDIT (SEE LABEL 40).
49.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
171-174
CONCERNING THE CONSTRUCTION OF
7/24/86
MIAMI SPORTS ARENA (SEE LABEL 51
AND 71)
50.
DISCUSSION CONCERNING REQUIREMENT
DISCUSSION
174-177
OF REMOVAL OF PLANNING ADVISORY
7/24/86
BOARD MEMBERS WHO MISS MORE THAN
FIVE MEETINGS.
51.
CONTINUED DISCUSSION OF
M-86-639
178
CONSTRUCTION OF SPORTS ARENA;
7/24/86
DIRECT MANAGER NOT TO ENTER INTO
NEGOTIATIONS WITH ASSOCIATED
BUILDERS AND CONTRACTORS INC. UNTIL
MINORITY PARTICIPATION PLAN IS
APPROVED (SEE LABELS 49 AND 71)
52.
AGREEMENT WITH MELBRON E. SELF FOR
R-86-640
179
CONSULTANT SERVICES AS A CRISIS
7/24/86
COUNSELOR FOR THE POLICE
DEPARTMENT.
53.
DEFERRAL OF PLANS FOR THE
DISCUSSION
180
CLEANUP/CAPITAL IMPROVEMENT
7/24/86
CAMPAIGN FOR THE HISTORIC OVERTOWN
FOLKLIFE VILLAGE.
54.
DISCUSSION OF SPIRITUAL ASSEMBLY OF
DISCUSSION
181
THE BAHA'IS OF MIAMI CONCERNING
7/24/86
"THE WORLD PROMISE OF WORLD PEACE"
55.
DISCUSSION BY MOTHERS AGAINST DRUNK
DISCUSSION
181-186
DRIVERS CONCERNING FUNDS FOR POLICE
7/24/86
DEPARTMENT'S DRIVING IMPAIRED UNIT.
56.
DISCUSSION CONCERNING CURRENT
DISCUSSION
187-189
STATUS OF LAND ACQUISITION OF
7/24/86
CAMILLUS HOUSE.
57.
DISCUSSION CONCERNING FUNDS FOR THE
DISCUSSION
189-192
INNER CITY CHILDREN'S TOURING DANCE
7/24/86
COMPANY.
58.
IMPLEMENT OPTION 5 CONCERNING BAY
M-86-641
192-205
,;-
HEIGHTS AND NATOMA MANOT TRAFFIC
7/24/86
FOR 90 DAYS.
59.
A -ORDINANCE TO BE DRAFTED TO
M-86-642
205-214
`
PROHIBIT ANY FUTURE CONSTRUCTION OF
M-86-643
CLUSTER HOUSES. B-FUTURE ZONING
7/24/86
MAILINGS MUST BE "REGISTERED
MAIL/RETURN RECEIPT REQUESTED"
60.
DEFER PROPOSED ADOPTION OF "S.W.
M-86-644
214-220
27TH AVENUE STUDY UNTIL TRAFFIC
7/24/86
STUDY IS COMPLETED (WITHIN 90 DAYS)
61.
SETTLEMENT: RANDY RANDALL, $220,000
R-86-645
220
(SEE LABEL #44)
7/24/86
62.
ACCEPT BID OF TREE MASTERS TO
R-86-646
221
DEMOLISH THE MAIN LIBRARY BUILDING.
7/24/86
63
ACCEPT BID OF DOSADA, INC FOR MIAMI
R-86-647
221-222
STADIUM PRESS BOX RENOVATION.
7/24/86
64.
A -AUTHORIZE MANAGER TO ESTABLISH
R-86-648
222-228
PROPOSED MILLAGE RATE FOR CITY FOR
R-86-649
FISCAL 86-87 B-BUDGET 86-87 PUBLIC
7/24/86
HEARINGS SET.
65.
AUTHORIZE EXECUTIVE DIRECTOR OF
R-86-650
228-229
DOWNTOWN DEVELOPMENT AUTHORITY TO
7/24/86
ESTABLISH PROPOSED MILLAGE RATE.
66.
SCHEDULE SPECIAL ELECTION ON
R-86-651
229-230
NOVEMBER 4,1986 FOR CHARTER
7/24/86
AMENDMENT PROVIDING FOR AN INCREASE
IN COMPENSATION FOR MAYOR AND
COMMISSION.
67.
BRIEF COMMENTS REGARDING INSURANCE
DISCUSSION
230-231
POLICIES PRESENTLY ISSUED TO
7/24/86
MEMBERS OF THE CITY COMMISSION.
68.
CONTINUATION OF ZONING ATLAS
DISCUSSION
231-233
AMENDMENT AT APPROXIMATELY 3900-
7/24/86
3998 W. FLAGLER FROM RG-2/6 AND RS-
2/2 TO CR-2/7.
69.
ACCEPT PLAT: MORNINGSIDE ELEMENTARY
R-86-652
233
SITE.
7/24/86
70.
CLOSE PORTION OF S.W. 2ND STREET
R-86-653
234-237
EAST OF S.W. 50 AVENUE.
7/24/86
71.
AGREEMENT TO BE COMPLETED FOR
M-86-654
237-239
MINORITY PARTICIPATION IN SPORTS
7/24/86
ARENA PROJECT BY JULY 30,1986 (ALSO
SEE LABELS 49 AND 51)
72.
FIRST READING ORDINANCE: AMEND CODE
FIRST
239-240
" ALCOHOLIC BEVERAGES"
READING
7/24/86
73.
APPROVE GUIDELINES FOR
R-86-655
240-241
IMPLEMENTATION OF FIRST SOURCE
7/24/86
HIRING ORDINANCE.
74.
SCHEDULE SPECIAL ELECTION ON
R-86-656
242-243
NOVEMBER 4, 1986 FOR PROHIBITING
7/24/86
SALE OR LEASE OF CITY OWNED LAND
UNLESS ADVERTISED 90 DAYS PRIOR AND
AT LEAST THREE PROPOSALS ARE
RECEIVED FROM PURCHASERS OR
LESSEES.
75.
FIRST READING ORDINANCE: ZONING
FIRST
243-245
ATLAS AMENDMENT, APPROXIMATELY
READING
2564-2574 S.W. 27 LANE FROM RS-2/2
7/24/86
TO RO-2/4.
76.
SECOND READING ORDINANCE: ZONING
ORDINANCE
245-246
ATLAS AMENDMENT APPROXIMATELY 190—
10142
240 N.W. 20 STREET; APPROXIMATELY
7/24/86
1920-2990 N.W. 1 PL FROM CG-2/7 TO
RG-2/5.
77.
CONTINUATION OF ALL PLANNING AND
M-86-657
247
ZONING ITEMS NOT TAKEN UP ON THIS
7/24/86
DATE TO SEPTEMBER 25, 1986.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day of July, 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 9:03 o'clock A.M. by Mayor Xavier
Suarez with the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
ALSO PRESENT:
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
Walter Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
1. PRESENTATIONS, PLAQUES, PROCLAMATIONS
1. Proclamation presented to A.G. Sherman in recognition of all municipal
employees' dedication, further proclaiming Monday, July 26, as the
"Municipal Employee Day."
2. Proclamation presented �o Linda J. Eads, Project Coordinator, commending
all those involved in the Inner -City Youth Rowing Regatta Day.
Certificates of Appreciation also presented to Nestor Carbonnell,
Assistant Chief Perry L. Anderson, Assistant Chief Michael Mahoney and
Assistant Chief Alfredo Bared for their outstanding participation in this
challenging and educational project.
3. Commendations presented to Officer Charles Haynes and Officer Nathaniel
Veal, Jr. for having been selected Outstanding Officers of the Month for
June 1986.
2. COMMISSIONER KENNEDY SHOWS TROPHY EARNED IN THE DOWNTOWN DESK RACE
Mrs. Kennedy: Before we start, let me just say something, Mr. Mayor. I
really hate to do this to you month after month, but let me just....
Mayor Suarez: You want to approve the minutes of the last meeting.
Mrs. Kennedy: No, before we approve the minutes, I want to show while you all
were of the boxing match, I was out winning the desk race. I just want to
display my little trophy.
1 July 24, 1986
a s
Mayor Suarez: Let the record reflect that desk only cost $50,000 to
construct.
Mrs. Kennedy: At no money to the taxpayers, though.
3. CO -DESIGNATING S.W. 28 TERRACE BETWEEN S.W. 27 AVENUE AND DIXIE AS
"MIDDLE STREET"
Mayor Suarez: Item 1. This is the one that we discussed and promised to only
take up if there was any opposition to it. Is there anyone from the audience
who wishes to be heard for or against item 1 that being a Lo-designation of
S.W. 28th Terrace as Middle Street. We had a presentation by the applicant on
this last time, if I remember correctly.
Mr. Plummer: Let the record reflect that no one came forth to speak on this
issue, and as such, I move item 1.
Mrs. Kennedy: Second.
Mayor Suarez: So moved, seconded. Any discussion from the Commission? Call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-598
A RESOLUTION CO -DESIGNATING S.W. 28 TERRACE BETWEEN
S.W. 27 AVENUE AND DIXIE HIGHWAY (U.S.1) AS S.W. 28
TERRACE AND MIDDLE STREET, DIRECTING THE CITY CLERK TO
FORWARD A COPY OF THIS RESOLUTION TO ALL AFFECTED
GOVERNMENT AGENCIES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, 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
4. CO -DESIGNATING S.W. 4 AVENUE BETWEEN S.W. 8 STREET AND S.W. 2 STREET AS
"JUAN GUALBERTO GOMEZ BOULEVARD"
Mayor Suarez: Item 2 is the co -designation of S.W. 4th Avenue between S.W.
8th Street and S.W. 2nd Street as Juan Gualberto Gomez Boulevard. Is there
anyone who wishes to be heard for or against that? We had a presentation on
that one at the last meeting also. Let the record reflect that no one has
come forward on item 2.
Mr. Plummer: Let the record reflect that no one came forth to speak on this
issue and as such, I move it.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
2
July 24, 1986
Mayor Suarez: Seconded any discussion from the Commission? Call the roll on
item 2.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-599
A RESOLUTION CO -DESIGNATING S.W. 4 AVENUE BETWEEN S.W.
8 STREET AND S.W. 2 STREET AS "JUAN GUALBERTO GOMEL
BOULEVARD" DIRECTING THE CITY CLERK TO FORWARD A COPY
OF THIS RESOLUTION TO ALL AFFECTED AGENCIES.
(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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
5. DISCUSSION REGARDING RECENTLY INSTITUTED LEGAL REQUIREMENT FOR
REGISTRATION OF LOBBYISTS.
Mr. Plummer: Mr. Mayor, before we proceed any further, I think a little bit
of discussion here might involve before we start this day. As we are aware, I
hope we are aware, there is a new rule in effect that I think that the City
Attorney needs to go on record and that is a recently passed City ordinance
reflecting lobbyists. As you will note on each podium and at the top of this
agenda, I feel that there are not enough information to the general public as
to the new rule and regulation in effect of law that was subject to penalties.
I'm not sure that I, for example, am completely familiar with the law. That
law basically says that anyone who is paid a fee to appear either at a
Commission meeting or individual meetings has to be a registered lobbyist
under penalty of law. And I think, so we can possibly keep down any
embarrassment to the Commission or to the individuals involved who come in
good faith, I have instructed my staff that anyone who wishes an appointment
in my office will bring with them a copy of the application that they filed
with the Clerk's office to indicate, because I think this thing is very, very
far reaching. For example, I cannot speak with anyone who is paid a fee to
represent a client either in my office, in these Commission Chambers, or
anywhere, if they have not previously filed with the Clerk that they are in
fact a registered lobbyist. Mr. Mayor, the reason for my bringing this matter
up, I think it was a unanimous vote of this Commission to put this in and I
feel that it is an excellent law. I just don't want anyone to be embarrassed
this day or to the future or to be any misunderstanding that this is the law
and as such, to cause embarrassment to themselves or to us, the elected
officials. Any lawyer who appears here on behalf of a client, I want it
understood before he comes to that microphone, that he has in fact complied
with the law. I think it needs to be known and it needs to be known very,
very clear to what extent this law goes because I went yesterday to the
Clerk's office to try and make a determination what in fact is a lobbyist and
to what extent does it go. I want to tell you if you read the ordinance, it
covers you from when you get up in the morning until you go to bed at night.
It's one that is that far reaching kind of a situation. Mr. Mayor, I'm only
bringing this, not necessarily for our attention but I think to make sure that
it's on the record. I don't know if anyone in this audience right now is paid
to represent a client. For example, I know Mr. Traurig. I see him sitting
here. Let me just ask you, Bob, have you registered? Ok. Aware that you must
register on every client that you have. It's not just registering as a
lobbyist, but if you are here, as Bob has done in the past, to represent two
3 July 24, 1986
or three clients in a given day, you must file a form with the Clerk's office
on each one of the projects that you are here on. So to register on one and
speak on others is in fact a violation. I'm announcing right now, I think it
is a public flogging, 30 days of K.P. duty and other things. No, listen, I am
announcing that the policy of my office that anyone wants an appointment on my
office at this present time until otherwise directed, if you are in fact a
paid lobbyist, before you will be granted an appointment in my office, you
must bring with you a copy of the form which you have filed on the particular
project that you are there to speak on. I think it is the only way that in my
dealings that I will be protected and so will you, that there will be no
violation of that law. Mr. Mayor, I'm sorry to take up your and the
Commission's time, but I think it is worth while so we don't cause
embarrassment in the future, that that be brought out completely and
understood completely.
Mayor Suarez: Will the Madam City Clerk help us to flag down any individuals
who are least appearing before this Commission once they indicate they are
here on behalf of someone else or some other entity, so at least to the extent
that we can, as Commissioner Plummer has indicated, we can help people to
comply with the law, the purpose of which is not to trick anyone, but to
require disclosure.
Mr. Odio: Mr. Mayor, I think it applies to the administration too.
Mayor Suarez: If they lobby the administration.
Mr. Odio: I wrote a memo yesterday to the staff to also warn them about this.
Mr. Plummer: How could it apply to the administration? You are not a paid
lobbyist.
Mayor Suarez: No, if they lobby the administration is what he means, right?
Mr. Odio: That's why I'm trying to get a clarification.
Mr. Plummer: Oh, you mean when somebody comes to lobby you?
Mr. Odio: Yes, that's what I wanted a clarification on that.
Mr. Plummer: Let me ask this question. I think these are the questions that
need to be answered, because as you know, newspaper articles are generated on
r fringe areas. What about if a person comes just to discuss an issue, but not
to lobby?
r
Mr. Odio: You said fringe or fiction?
Mr. Plummer:
Mas o menos, I mean, Madam City Attorney, for example, if a
,.
lawyer goes to
discuss a given issue with the administration for purposes o
discussion, to
me that is a very big difference between him going to the
administration
to lobby or negotiate.
h Mrs. Dougherty: That is correct.
Mr. Plummer: It's not for my benefit, but I think those are the areas that
need to be cleaned up or at least put on the record.
Mr. Odio: Can I ask a question?
'. Mr. Dawkins: How can we determine, and I hate to personalize it with Bob, but
4 he's the only one here, if a client hires Bob and Bob has to go to research,
talk with individuals, and when he is attempting to persuade the Zoning
Department or whomever that his position is correct and theirs is wrong, he's
-' lobbying, but I mean that's his job.
r' Mr. Plummer: If you read the ordinance, as I tried to....
.A Mayor Suarez: He's not requesting legislative action.
>, Mr. Dawkins: I'm not going to try. If you didn't understand it, I know I
won't.
4 July 24, 1986
Mr. Plummer: That's the point, the minute he accepts a client for a fee, that
is the determining factor.
Mr. Dawkins: Who's going to be down here representing somebody without the
fee?
Mr. Plummer: Well, there is a case, for example, that is going to be coming
before us today. There is a lawyer who is in fact involved in a development,
not representing a client, but representing himself as a participant of that
development.
Mr. Dawkins: If he lobbies us, then he should have to pay, but if he's just
up here representing himself. I don't know. It's a gray area.
Mrs. Kennedy: I think we need some clarification.
Mr. Plummer: That's exactly the reason I brought this subject up.
Mayor Suarez: Madam City Attorney, is there any distinction between
requesting or lobbying for legislative action as opposed to just an
administrative interpretation of an existing code?
Mrs. Dougherty: Let me just read you the ordinance. The answer is yes, there
is a distinction between gathering information as opposed to encouraging the
passage, defeat, or modification of an ordinance or resolution. Here's the
language:
"Lobbyist means any paid person, firm, corporation employed or
retained by the principal who seek to encourage the passage,
defeat, or modification of any ordinance, resolution, action or
decision of the City Commission, action decision or recommendation
of any board, committee or City Manager."
Mr. Odio: That's what I understood.
Mr. Dawkins: What happens, Madam City Attorney, if the individual comes in
and says to me, I mean, says, "I am not lobbying, but I am a consultant for
this individual. Therefore, I will consult and give him all the consultation
that he needs, but I will not lobby."
Mrs. Kennedy: That is a very thin line that you're getting into.
Mrs. Dougherty: In other words, the consultant would be providing information
to you, but not seeking your concurrence on the passage or defeat of some
ordinance. Is that what you're saying? But merely providing information,
that consultant would not be a lobbyist.
Mr. Plummer: What about if the consultant was paid by a client?
Mrs. Dougherty: The consultant simply acts... for example, an architect wants
to show you a project that a lawyer or the developer will lobby for in the
future. The consultant is simply an architect. He shows you the plans and
designs; does not seek to encourage the passage of the ordinance. That
consultant would not be a lobbyist.
Mr. Dawkins: But he's showing me the plans.
Mr. Plummer: I disagree with that.
Mr. Dawkins: He's showing me the plans in order to get me to vote for it.
Mr. Plummer: I have never had an architect who came to my office representing
a client who was just there to show me a set of plans.
Mrs. Dougherty: If he goes further than that, then he's a lobbyist.
Mr. Plummer: He's there to try to represent his client and what he is there
to do is try to convince me that that set of plans that he is presenting is in
fact a good set and why the City should have it.
Mrs. Dougherty: In that case, he'd become a lobbyist.
5
July 24, 1986
Mayor Suarez: Mr. Traurig, since you've been alluded to, would you like to
J.
say something? I indicated you would.
Mr. Traurig: For the record, Robert H. Traurig, 1401 Brickell Avenue. I
would just like... I would ask you to consider two changes in the ordinance.
One is that we not be required to lobby every single time we go to every
single office.
m
k
Mayor Suarez: To register.
Mr. Traurig: To register. If we were to file one registration per year
a
saying I am a lawyer who is paid to be an advocate for clients and to appear
before this Commission or those boards, and I would like you to know that
a:
every time I go to an office, I am going there probably as a paid
professional, I think that would relieve your staff of having to handle a lot
of paper work when in fact you will the^ have identified me as a paid
professional who is advocating on behalf of people. Number two....
Mr. Plummer: Bob, excuse me, I want you to be aware that as proposed
presently, you not only have to file a form for each client, but under the
present regulations you have to file quarterly reports on ongoing. So it's
s:..
not that you file once a year who your clients are not. Under the present
law, you've got to file on each client, and then you have to file, if you have
ongoing, quarterly. Have you seen the forms, Bob?
Mr. Traurig: I have and your City Attorney has cautioned me that I should
have filed the form. I have not actually lobbied on behalf of clients, but I
have appeared here and she has told me that every time I appear, even to make
a presentation, it requires my filing of that form, which I will do
immediately, but I'm saying to you that the second part that I will ask you to
reconsider in the ordinance is that if I come here and identify myself as the
attorney representing a client, wouldn't that be sufficient to identify me and
E
not require that I file a form to say that I was here or file a form as a
condition precedent to my appearing me. I just think that you're asking for
too many forms to be filed. I would like to identify myself as a paid
-?
professional and have you understand that I'm representing people probably as
a paid professional, although I do appear here on other matters where I'm not
being paid, but I think the ordinance, as drafted, requires more forms to be
filed than is necessary for you to give proper identification to the people
who are, "lobbyists."
Mayor Suarez: Madam City Attorney, suppose this Commission saw fit to resolve
to postpone the effective application of the ordinance until we clarified some
of these items? Would that be proper.
Mr. Plummer: It is already in effect of law.
Mrs. Dougherty: You could pass an emergency ordinance today.
Mayor Suarez: That would be in effect a repeal or not?
Mrs. Dougherty: It would be repealing it, yes, or readopting it as modified.
Mr. Plummer: Just for the record, I would be opposed to such an action. I
think it is a good law. It was not my intent to bring it up to chan,j,e the
law. It was my intent to bring up the law to make sure that everyone
understood, so that it did not cause embarrassment to the future. Yes, it
will create a lot of paper work, but yet, here again, I think it is a good
law. I have no problems with it in any way, shape or form.
Mr. O"lo: I do.
Mr. Plummer: Maybe you do, but what I'm saying is I would be opposed to
changing it.
Mayor Suarez: Are there simple forms, Mr. City Manager?
Mr. Plummer: No, they're extensive.
Mr. Odio: No, they're extensive and the problem that I have, Mr. Mayor, is
what I have to do now is anybody that walks in the office, "Before you talk to
me. let me see your registration." I don't know at that point, whether
6 July 24, 1986
they're coming to lobby me to change my recommendation I might or might not
make. It is really quite complicated. I don't want to break the law either.
Mr. Dawkins: Mr. Mayor, I have to side with J.L. Regardless of how much
paper work it is, with the media screaming about the operations of government
and if this will help me to be able to give them what they desire when they
come running in about who lobbied me, I'm for it. I'll tell them to go over
to the Clerk's office and you can see who lobbied me and I'll be finished with
it.
Mayor Suarez: Madam City Clerk, I gather from the consensus here, we're just
going to proceed as the law has been passed. Would you help us to flag down
and question individuals as to the registration. I'm going to amend my intake
form that I have for appointments in accordance with Commissioner Plummer's
suggestion and the City Manager to reflect that, have at least a fill in the
blank where the person is asked if he has filed his registration papers as a
lobbyist, because we don't want to indu-:�- anybody or we want to help people
comply with the law and not otherwise.
Mr. Plummer: Mr. Mayor, finally, I would have no objection to making it part
of the public record that I think in six months that this Commission would
without question have a review to see if there has been any accomplishment and
if there is any streamlining needed to expedite the filing of the forms. But
at this particular point for this Commissioner's vote, it is the law. I think
we need to follow it. It was only my bringing it up to not cause
embarrassment to anyone, but I would like to say, let's try it for six months,
at the end of six months, we'll review it to see whether or not any
modifications are needed as we do with any ordinance that is put in this
Commission.
Mayor Suarez: That's an excellent idea.
Mrs. Hirai: Mr. Mayor, in lieu of interrupting the proceedings 80, 90 or 100
times asking people, we have affixed to each lectern a citation requesting,
advising people of what the ordinance means and that they have to register
with us. The minute they approach this lectern, they will see it because it
is in front of them. I don't know if you have noticed. Also three
consecutive Sunday announcements to the public at large will inform people of
the requirements. Plus we will mail to every person that has represented
clients before the Commission a copy of this information. We didn't know how
else to reach the greatest number of people to let people know. Plus from now
on it will always appear in the agenda. Every person requesting a copy of the
agenda, it is the first thing they will read on it, this little square with
this information on it. We don't know how else to expand it more.
Mayor Suarez: Maybe this discussion will make the mornings papers and
otherwise convey to people the requirements.
HM FOR THE RECORD: Commissioner Carollo entered the meeting at 9:30 A.M.
6. (A) REQUEST FOR PROPOSALS FOR MIAMARINA IMPROVEMENTS, SETTING 50% OF THE
DEVELOPMENT AND MANAGEMENT TEEM FOR MINORITIES.
(NOTE: This motion was later rendered null and void due to City
Commission's later decision to keep and manage Miamarina)
(B) DISCUSSION REGARDING POLICE SUBSTATIONS.
Mayor Suarez: Item 3.
Mr. Gilchrist: Item 3 is the request for proposal for the development leasing
and management of Miamarina and I sent out to the Commissioners in the
original packet a summary of that, and we were later in preparing the entire
R.F.P., and I apologize for that, but we were instructed at the last
Commission meeting to prepare this and we were not able to do it before that.
The summary essentially communicates the major ingredients and that is that,
first of all, we would attempt to get all of the improvements necessary to be
done to bring this marina into a first class status prior to the opening of
7 July 24, 1986
the Bayside Project and a bidder on this would be required to do those
improvements as well as to come forth with the financing necessary to pay back
a sum of $1,675.000, which was advanced to us by Bayside in order to buy out
the previous lease management agreement with the operator of the Miamarina, to
buy out the remainder of his lease. That also includes an interest on that
money, which we've estimated to be an additional two hundred and thirty-four
thousand if that is carried through April of next year which is the scheduled
opening date of the Bayside project. What we're asking is that a bidder come
up with the money to pay back those earlier indebtednessess which were
necessary to buy out the then existing lease management agreement and to also
provide a financing strategy whereby that bidder would be able to restore the
marina to a condition that is acceptable under the agreement which exists
between the City and Bayside on the subject. Now in addition, it is a
requirement in that agreement that the Rouse Company Bayside be a bidder on
the project, so in essence, we're telling them by this R.F.P. that they're
required to come back and provide those funds, in which case it would, I
think, alleviate the necessity of the City to pay back the one point six seven
five plus interest to the Bayside project.
Mrs. Kennedy: John, let me just say something. I really would like to see
the City manage this project but I realize that we don't have the resources to
pay Rouse back and build the marina ourselves, so I guess we are stuck with a
U.D.P., but...
Mr. Gilchrist: The City had the option to operate it itself and put out an
R.F.P., but at the last Commission meeting I was ordered to put out the R.F.P.
in order to do that.
Mrs. Kennedy: Right, I understand, but what I don't agree with is the
evaluation criteria. I think that in a City where more than 65% of the
population is either Black or Hispanic, I find it ludicrous that we allot only
10% of the valuation for a minority participation. Why don't we simply say
that 50% of the development and management team must be a minority enterprise?
And, Madam City Attorney, can we add this?
Mr. Dawkins: So moved; you got a set aside.
Mrs. Kennedy: Second.
Mr. Dawkins: So moved.
Mayor Suarez: Does that include the resolution as to the item per se, itself?
You're moving the entire item with that modification?
Mr. Dawkins: No, hell no, I'm moving that modification.
Mrs. Kennedy: To modify it to that, yes. I second that.
Mr. Gilchrist: Madam Commissioner, are you suggesting that we do not use it
as an evaluation, but we simply require it?
Mrs. Kennedy: Right.
Mr. Gilchrist: So we eliminate it as one of the evaluations.
Mrs. Kennedy: Exactly.
Mayor Suarez: May be required by prior ordinance anyhow, John.
Mr. Gilchrist: We had required it by ordinance.
Mayor Suarez: Moved just to make sure just to clarify it. Moved and
seconded. Any further discussion from the Commission? Call the roll.
8 July 24, 1986
The following motion was introduced by Commissioner Dawkins, who
moved its adoption:
MOTION NO. 86-600
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PROCEED TO PUT OUT A REQUEST FOR PROPOSALS REGARDING
DEVELOPMENT, LEASING AND MANAGEMENT OF IMPROVEMENTS
FOR MARINA -ORIENTED USERS AT MIAMARINA; FURTHER
DIRECTING THE CITY MANAGER TO CLEARLY STIPULATE IN THE
RFP THAT IT SHALL BE MANDATORY FOR BIDDERS TO SHOW
THAT AT LEAST 5O% OF THE DEVELOPMENT AND MANAGEMENT
TEEM IS A MINORITY ENTERPRISE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: At this point, Agenda item 21 was withdrawn.
Mr. Dawkins: What's the difference between item 3 and item 21?
Mr. Gilchrist: Item 21 was a proposed revision or amendment to the existing
agreement. We had withdrawn that.
Mr. Odio: Can I say something on that? I asked them to withdraw that because
it is covered that what the Rouse Company wanted was that if the marina was
not finished on time with the opening of Bayside, that they would not pay
rent. I told them their own way we would accept that.
Mr. Dawkins: But my questioning, Mr. Manager, is we're putting out an R.F.P.
to redo the marina.
Mr. Odio: Yes, sir.
Mr. Dawkins: Item 21 speaks to making interim repairs. Why would we go in
and spend money to make repairs if we're going to put out an R.F.P. for
someone to come in and redo it.
Mr. Odio: That's why we withdrew that item, Commissioner.
Mr. Dawkins: It's withdrawn.
Mr. Odio: Item 21 is withdrawn.
Mayor Suarez: Not just a modification of the agreement, but the idea of
making temporary repairs is withdrawn, it's shelved.
Mr. Gilchrist: We have an existing agreement with Bayside in which those
repairs are committed to be done.
Mr. Plummer: That's where my problem comes. My problem comes in the fact to
make existing repairs is one thing. The R.F.P. that you are putting out
extensively goes to a lot of money to bring that project to what you referred
to, not I, you referred to as in compliance with the agreement, which is about
two million dollars' difference. Let's admit that, on the record, that this
is the only time in my sixteen years that I recall an agreement, and it was a
good agreement and it was a necessary agreement that a given company was given
a priority bidding. That bidding was for them to give us the money that the
bidder who bids on the project of which they could be won became a priority
bidder, that they had the first right of refusal if in fact they were even
9 July 24, 1986
with some other bid. At no time was there ever a discussion that said that
repairs or rehabing of that marina would go to the extent of the amount of
-•
money in which you have indicated wanted in this R.F.P. Now where that has
'L
come from, I don't know. Yes, we have an obligation to make repairs to bring
it up to snuff. But you have gone very much beyond that which we agreed upon.
My question has to be who is going to pay for those repairs?
¢`
Mr. Odio: Let me say something, Commissioner.
Mr. Plummer: I would ask for an answer to my question.
Mayor Suarez: Yes, that's the same question as Commissioner Dawkins is
asking, in effect. Are the repairs going to be made while we put out this
UDP, number one? And number two, who would pay for them if they would be
made?
Mr. Plummer: And to what extent? It's one thing, Mr. Mayor, to repair, and
it's another thing that is proposed in this RFP. This RFP goes to an
unbelievable amount of extensive.... damn near rebuilding the marina.
Mr. Odio: Sir, we just finished a study and the marina is in very bad
condition. That marina needs a complete overhaul.
Mr. Plummer: Who's going to pay for it?
Mr. Odio: Whoever gets this management contract.
Mr. Plummer: You're raising your hand. You're going to pay for it? You need
to go to the bathroom?
Mr. Gilchrist: No, I would like to say something to that. In the agreement
between the City and Rouse, while you call it a priority, we tried to
negotiate that they are required to bid and required to do what the City says.
If you go to page 8 of their agreement, which is attached there, it says any
management agreement to be entered into by the City with a new operator, and
they would be the new operator, must contain provisions pursuant to which the
new operator shall agree for the term of the new management to perform, among
other things, the obligations of the City. Under this agreement, the
obligation is to repair the marina. I want to make reference to that because
you talked about....
Mr. Plummer: Let's ask a way out question, because I'm conceiving in my mind
that they way you have this prepared and the amount of money involved, that
you get no bidders.
Mr. Gilchrist: I think that's quite possible, sir.
Mr. Plummer: Based on that, my conception of no bidders because you have gone
so extensively in the rebuilding of that marina, then what happens?
Mr. Gilchrist: Let me say one thing about it. The RFP suggests that the
bidder should come back and tell us how they would repair and restore the
marina. We had, because we felt insecure not having an engineering survey
done and which they report back from the architects and engineers was that the
extensive deterioration would require... they budgeted $2,000,000.
Mr. Plummer: What is your estimated cost to do what is called for in the RFP?
Mr. Gilchrist: We have estimated it at $2,000,000.
Mr. Plummer: $2,000,000, that's one point six plus interest plus two million
dollars.
Mr. Gilchrist: It's like $4,000,000.
Mr. Plummer: $4,000,000 is the figure that I've heard.
Mr. Gilchrist: Surely.
Mr. Plummer: Does the RFP call for how many years as sees.?
Mr. Gilchrist: 45 years.
10 July 2.4, 1986
Mr. Plummer: 45 years.
Mrs. Kennedy: The same as Bayside.
Y:L¢
Mr. Gilchrist: You see, it was to parallel Bayside.
Mr. Dawkins: Let me take that a step farther and piggy back on what
Commissioner Kennedy said. Suppose we don't get a bidder, then can the City
of Miami pay Rouse the million dollars and we repair the marina and own it and
operate it?
r.
Mr. Odio: Commissioner, we can do that, but it's got to cost $4,000,000 right
f' up front*
Mr. Dawkins:
If we have money from the Rouse Company, we got pledge for bonds
and everything
else, we can repair our own marina.
Mr. Gilchrist:
It's a decision the Commission can make.
Mr. Dawkins:
It's a revenue producing entity.
k
J
Mrs. Kennedy:
That's right, it's a revenue producing
entity. It's for
the
d
best interest.
'
Mr. Dawkins:
It produces revenues and that's what we're
supposed to be about.
Mr. Gilchrist:
The projection shows that it would pay back.
Mr. Plummer:
Excuse me, John. The distinction that
I'm trying to make
is
there is in
my mind a big difference between what
is the necessity
of
compliance with the agreement, as opposed to what is
being proposed to
do
through the agreement. I think that you could go and do
what is necessary
for
`
approximately
$600,000 or $700,000. They are proposing
$2,000,000.
t,.
Mr. Odio: J.L., the pilings are all shot.
Mr.
Plummer: They are
not shot.
I disagree with you. I want to
tell
you
a
that
I like the concept
of Commissioner Dawkins. It
is a revenue
producer,
that
the City ought to operate
it
itself. And is there
the potential
that
the
City
could in fact be a
bidder as
long as we understand that we've got
to
pay
>-:
back
to Rouse one point
six plus
interest and we, the
City, will in
fact
fix
it up
to compliance with
what we
agreed to. Is that a
possibility?
Mr. Gilchrist: Surely, the Commission can take that action.
Mr. Plummer: I like the idea.
Mr. Gilchrist: Commissioner, we did write into the RFP the proposer....
Mr. Plummer: Mr. Manager, you know, here again, to say that it's not a good
marina, basically has got to indicate to me poor management, because in a
_ community that should be the boating capital of the world, that is a choice
-_ location and there's no question in my mind with the development of Bayside,
-y and as their projections show 18,000,000 people a year, I want to tell you
that when I visited Baltimore, where their present Harbor Place exists, the
dockage at that particular place, you're not talking about pleasure craft,
you're talking about a tremendous amount of commercial craft, who are there
playing to the customers who go to Harbor Place. There were, as I recall,
about seven or eight boats that went out that carried 300 people that took you
out for dinner on the harbor and they all operated out of Harbor Place.
That's guaranteed return to the City, I mean excuse me, guaranteed return to
the operator of the marina. It also included concessions of paddle boats;
many, many concepts were there. I think you're going to be looking at the
same concept existing in Miami that presently exists - and it's an entirely
different concept - of Harbor Place and what is proposed or what existed at
Miamarina before. It's not going to be to the pleasure - boating kind of
situation. It's going to be commercial, whether it's charter boats, pleasure
boats for hire, or things of that nature.
11 July 249 1986
•
Mr. Dawkins: I would also have to add that either we're off base or the
individuals who did the feasibility study for Watson Island are off base,
because when they came in with the feasibility study for Watson Island, there
were a number of marinas that they planned to put on Watson Island. I'm sure
that they must have done a feasibility study to determine that this marina
would have supported itself or they would never have built it.
Mr. Gilchrist: I wanted to say one other thing about the RFP. We did put in
there, Commissioner, that the proposer could come with an alternate survey of
the conditions and substantiations of what we have done and we could have that
as part of the review of their proposal. In other words, they would have that
option.
Mr. Plummer: Is the latitude there for the City to go in and operate it?
Mr. Gilchrist: Yes, sir.
Mr. Odio: Sure, yes.
Mr. Gilchrist: The agreement says the City may make the determination as to
whether they want to operate the marina or put out an RFP.
Mayor Suarez: John, is that provision that we put into our leases, which
specifies that should we want to take back the property by paying only the
unamortized portion of the improvements by the developer, that we could take
it back. I'm worried about the 45 years. Do we have to put that at this
stage?
Mr. Gilchrist: No, you could determine that. We tried to parallel to the
Bayside lease in order to guarantee the quality of the marina over a period of
time, but it could be done on any term that the Commission wanted to
determine.
Mayor Suarez: Of course, the Bayside lease is such a humongous project that
if we ever wanted to take it back, we'd have to pay large amounts of money,
but some indication to the bidders that at some point we may want to take it
back by paying them off some amount that does not include the value of the
lease, is the one we always want to have in there. We don't want to get stuck
having to pay someone else the one point six five million dollars we had to
pay in this case just for the value of the lease that we have granted
ourselves.
Mr. Plummer: John, the question, I think. has to be for the City to consider
taking over onto itself. Do we have to go to the bidding process or is there
the latitude there allowing the City to outright and directly negotiate with
Rouse for the operation of that marina.
Mr. Gilchrist: Sir, we bought out the marina. They loaned us some money. So
we now own the marina. We can just go in and operate it.
Mr. Plummer: But was there.... no, wait a minute now. Remember this was a
unique understanding that they had the right to be a priority bidder.
Mrs. Dougherty: No, J.L. They just have an obligation to bid.
Mr. Gilchrist: They had an obligation to bid.
Mr. Plummer: They had an obligation to bid.
Mr. Gilchrist: If the City Commission so determined.
Mr. Plummer: O.K., then I'm wrong. And what you're saying is that the City
can go into immediate negotiations, in which the City, can in fact, be the
owner and operator of that marina.
Mrs. Dougherty: Absolutely.
Mr. Gilchrist: Yes, sir, it does not even require the negota%v ticns.
Mr. Plummer: I like the idea.
FVJ
July 24. 1986
Mrs. Kennedy: I like the idea. Now I'm hearing different numbers. I'm
hearing $2,000,000 for renovation. I'm hearing Commissioner Plummer says
$160,000.
Mr. Plummer: No, $600,000.
Mrs. Kennedy: Ahl $600,000 ....well, still, that's a big....
Mr. Gilchrist: Sir, may I add one thing to that? We were also trying to do
some things that would ameliorate the wave action and the collection of debris
in there and there's a large number in there for that, because... and the
recommendations of engineers and the department of...DERM from the County is
to place rip rap certain places and do things. So there's monies in there
besides just restoring the dockage. We were trying to make it a marina that's
really....
Mr. Plummer: My suggestion to my colleague, I think what we need to do to go
into negotiations with Rouse is to determine a number to do exactly which is
called for in the contract and as a separate item to have the administration
come back to us, breaking down that amount and that idea beyond what is
necessary to negotiate with the Rouse Company.
Mr. Gilchrist: Yes, we're prepared to do that because....
Mrs. Kennedy: And with the bidders in the meantime?
Mr. Plummer: No, there would be no bidding. What I'm in favor of at this
point is that there be no RFP. There be only negotiations between the City
and Rouse.
Mrs. Kennedy: If you put that in the form of a motion, I second. I like the
idea.
Mr. Plummer: I so move.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Under discussion, and while you're at it, make sure that you
apply for any federal fund that we can get for rip raping.
Mr. Gilchrist: Yes, sir, both state and federal.
Mr. Dawkins: Be sure that we get any money that we can from the Corps of
Engineers for the rip -rap.
Mr. Gilchrist: There is also some state potential monies for that. We will
do as much as we can to get that.
Mr. Plummer: Excuse me, Mr. Mayor, I am informed by the City Attorney there
is no motion necessary. That is the present posture. I don't see any harm
being done as an intent in setting the policy of this Commission, Madam City
Attorney, is there any reason we can't do it? Pass this motion?
Mrs. Dougherty: My question was what were we negotiating with Rouse about?
Don't we have the absolute right....?
Mr. Plummer: The contract which presently exists.
Mr. Gilchrist: I think Commissioner is pointing out that we have an
obligation to do the repairs under the agreement. and we wanted to negotiate
what those repairs should be.
Mrs. Dougherty: How extensive the repairs are.
Mr. Plummer: I think what you need to come back to this Commission with is A
and B. A, what is the cost of the repairs as required under the agreement,
and B, beyond those repairs as you are here now before us asking, what the
cost of B portion would be.
Mr. Gilchrist: We can do that readily because we have those studies complete.
13 July 24. 1986
Mr. Plummer: See, my fear, Mr. Mayor, is we set aside, to give you an
example, we set aside a half a million dollars to move the commercial fishing
boats from that particular location so repairs could be started over to the
FEC slip. This Commission set aside a half a million dollars for 38 slips.
They came back in excess of seven hundred thousand dollars. My
administration, unfortunately, likes to deal in champagne with my beer
pocketbook. So that's my fear. I like people who think big, but not with my
wallet.
Mr. Gilchrist: Yes, sir, we have that message.
Mr. Plummer: I question that you do. I refer you back to the police
substations. I am yet to see what this Commission had set its policy for a
half a million dollar substation.
Mr. Odio: It won't be a substation. It will be a mini, mini station.
Mr. Plummer: You see, that's my problem.
Mr. Gilchrist: Commissioner, we intend to come back in the first meeting in
September.
Mr. Plummer: No, let's talk to the comment the Manager just made, that
$500,000, a half a million dollars will not produce a substation, but a mini,
mini station.
Mr. Odio: That is correct, sir.
Mr. Plummer: Then I have to turn around and talk about the half a million
dollar condominium barn for horses that are being built on Virginia Key and
that is not adequate money.
Mr. Odio: I didn't order that one.
Mr. Plummer: Well, you see, you did order that to the administration when you
are building a condo for a half a million dollars for twenty—two horses on
Virginia Key and yet you can't come back....
Mr. Odio: Imagine what you're going to get for a half a million dollars for a
police stationl
Mr. Dawkins: Wait now, hold it.
Mr. Plummer: That was exactly my point.
Mr. Dawkins: See we got what we want for a half a million dollars. But when
the administration attempted to kill it by adding double level parking
garages, weight rooms, and everything else, you killed it. I tell you what,
Mr. Manager, I hate to go all back through this, but I guarantee you that I
can go out here during the recess and find you an architect, a contractor, and
everything else and will come back in here the first meeting in September and
tell you I can build that station for five million dollars in Liberty City.
Mr. Plummer: It will not be a monument to the builder.
Mr. Odio: I agree with you that with the five million dollars you can build a
substation, but what Commissioner Plummer is referring to is the Little
Havana substation that we need to pay two million dollars for the land.
Mr. Carollo: Yes, that's what the problem is, the land overthere.
Mr. Dawkins: Yes, but you see, that's not what Commissioner Plummer is
saying. Commissioner Plummer is saying I hope that this Commission said build
two stations.
Mr. Plummer: No, excuse me, the electorate of this town said that in a bond
issue which they passed.
Mr. Gilchrist: Yes, sir.
Mr. Dawkins: Two stations So what the hell are you all holding up one
for, when you can go with one and let's find the money for the second.
14 July 24, 1986
Mr. Gilchrist: We're not holding that up. We're prepared to go out to bid on
August 4th on the Liberty City station.
Mr. Plummer: Excuse me, John, I love you dearly, but this has been before
this Commission on three different and separate occasions where the policy of
this Commission could not have been clearer. Bring us back a set of drawings
for five million dollars.
Mr. Odio: Commissioner, that's what we're doing.
Mrs. Kennedy: Yes, but this is not on the agenda today.
Mr. Plummer: No, sir.
Mr. Odio: And it's not on the agenda today.
Mr. Plummer: For the past three times you have not complied with the policy
of this Commission.
Mayor Suarez: On August 4th you will have a....
Mr. Odio: It wasn't supposed to....
Mr. Gilchrist: Commissioner, I was asked not to speak, but I think I should
have the right to say something to this.
Mayor Suarez: Wait, wait, let me just clarify, because we're arguing about
this. On August 4th, you will have one that within the budget can be approved
for the Liberty City substation. All right.
Mr. Gilchrist: For Liberty City, yes, sir.
Mr. Dawkins: You have to come back with one that does it for five million
dollars at Liberty City. You have to come back with one that says this is
what we can do for five million dollars over here, and then what are you all
going to do about it.
Mr. Carollo: I disagree with the instructions you are all are giving John.
If you can get somebody for less than five million dollars, you could also do
that, John. I doesn't have to be five million dollars.
Mayor Suarez: Or less.
Mr. Plummer: Or less, exactly!
Mr. Gilchrist: Commissioners, the problem in the south substation is that the
property costs two and a half million dollars.
Mr. Plummer: You see, that's not the problem. The problem is that this
Commission went to a referendum of the voters to pass the money clearly
instructing the amount of money paid for substations. There was no question
about that. That was a promise that we made to the voters. When you start
talking about a condominium barn on Virginia Key for horses at a half a
million dollars, and you come back and tell me you can't build that, and then
when I find out that $89,000 beyond projected cost is for the purposes of a
lounge and lockers, it starts to tell me something. You know, I can put my
horses down here... the way that the market has dropped out of Brickell
Avenue, I can put my horses on Brickell Avenue on luxury cheaper than what
you're proposing to put on Virginia Key.
Mayor Suarez: Some condo associations might object.
Mr. Gilchrist: Sir, I happen to have two horses out in pasture with no
stables.
Mr. Plummer: Some might object, but some would have preferred the horses to
some of the clients they presently have there.
Mayor Suarez: We have a non -motion and a non -second to not handle this item.
So I presume we don't have to vote on it.
15
July 24, 1986
Mr. Gilchrist: Thank you.
Mr. Plummer: John, what we have, in effect, told you, anchors away.
7. AUTHORIZE INCREASE IN CONTRACT WITH PNM CORP. FOR CONSTRUCTION OF
BAYFRONT PARK REDEVELOPMENT PHASE II
Mayor Suarez: Item 4.
Mrs. Kennedy: Mr. Manager, what are your recommendations on item 4? Are
these justifiable expenses?
Mr. Odio: We have an increase in cost of $430,528. This increase is required
to cover the cost of additional water mains, storm drainage, and sanitary
sewers and hauling off fill and length of pilings and modifications to the
light tower. I think we have no choice at this time, but to proceed with
this.
Mr. Dawkins: Mr. Manager, when this bid was let, didn't the individuals who
drew up the bid know the specifications required by Dade County to know that
additional sizes and lengths of water mains and additional fire hydrants would
be needed to meet the requirements of the City and Miami Dade. Didn't they
know that?
Mr. Don Cather: No, sir, these are additions that came up later that were not
covered under the original plans.
Mr. Dawkins: Why were they not covered under the original plans?
Mr. Cather: For example, we had to run a fire line over to the new pier that
the Corps of Engineers was building. That was not included on the plans.
Mr. Dawkins: We didn't know that the pier was going to go... we didn't know
we were going to build a pier?
Mr. Cather: We knew we were going to build a pier, but we didn't know
that....
Mr. Dawkins: We didn't know we would have to go out there and have fresh
water or water to put out a fire, if the boats caught on fire. We didn't know
that.
Mr. Cather: Well, it's not the kind of pier where you store the boats and it
was found out later that we did need it, and we corrected it.
Mr. Dawkins: All right. Here we said additional length of soakage or
drainage to compensate for four drainage conditions encountered at the site,
an additional water shed area added by the Bayfront project will result in an
extra cost of $95,000 to the project. We didn't do a soil sample and nothing
to know what would be required?
Mr. Cather: Yes, we took soil samples, but as it says there, unforeseen soil
conditions which were not, we cannot....
Mr. Dawkins: How could you do a sample and not determine...? Wait a minute
now, back up, you got me in a tither now. We did a soil sample. Now the soil
sample did not tell you what you wanted to know?
Mr. Cather: Apparently it didn't tell the engineers everything they needed to
know and the soil samples....
Mr. Dawkins: Who were the engineers?
Mr. Cather: ....cannot be taken....
Mr. Dawkins: Who are the engineers who did the soil samples? Can we sue
them?
16 July 24, 1986
Mr. Cather: We are thinking about certain issues of possibly bringing some of
these items up before them on errors and omissions, yes.
Mr. Dawkins: Thank you, thank you, Mr. Manager.
Mayor Suarez: Any further discussion on item 4?
Mr. Carollo: Move.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded, any further discussion?
Mr. Plummer: Yes, is it to approve the motion?
Mayor Suarez: Yes.
Mr. Plummer: My question has to be that this addition is damn near double
what the original projection was. Why is the City paying this? Why isn't it
coming out of the cost of the park?
Mr. Cather: This is part of the remaining funds left in the grant.
Mr. Odio: It's part of the UDAG grant funds. It is UDAG funds.
Mr. Cather: In effect, what we're saying is that if we had known that the
contingency fund was going to be $500,000 short, we could have increased the
contingency, because the amount of money appropriated was $8,000,000 there's
five and a half, there's $450,000 left in the grant, which will have to be
turned back.
Mr. Plummer: It's the old story that the administration assumes that federal
money is a different color than local money.
Mr. Cather: No, sir.
Mr. Odio: No, sir.
Mr. Cather: We ran into unforeseen circumstances in this and now we have an
opportunity, a legitimate opportunity to take this money and apply it to the
park.
Mr. Dawkins: Is this in addition to or will this be a part of the six million
that you're trying to do to complete the park?
Mr. Odio: It has nothing to do with that.
Mayor Suarez: It's already been set aside, yes.
Mr. Cather: This has nothing to do with that. This is the first contract we
let.
Mr. Dawkins: It's the same damn park. What do you mean it has nothing to do
with it? It's the total cost of the park.
Mayor Suarez: It will increase the total cost.
Mr. Cather: Yes, it will increase the total cost of the park.
Mr. Dawkins: Don't tell me it doesn't have anything to do with it.
Mr. Cather: But it's not part of this particular contract that we let and for
the funds that were granted for that purpose.
Mr. Dawkins: O.K., I'll discuss apples and apples and then I'll discuss
oranges and oranges.
Mr. Plummer: That's how we wind up with fruit salad.
17 July 24. 1986
�x
iF
t
Mr. Dawkins: Yes, and who's the fruit now?
Mr. Carollo: No comments.
Mr. Dawkins: O.K., no further comments.
Mayor Suarez: Will the fruit stand up? We have a motion and a second. Any
further discussion from the Commission? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-601
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $430,528 IN THE CONTRACT BETWEEN THE CITY OF
MIAMI, FLORIDA AND PNM CORPORATION DATED JANUARY 24, 1986
FOR THE CONSTRUCTION OF BAYFRONT PARK REDEVELOPMENT PHASE
II SAID FUNDS TO BE PROVIDED FROM UDAG GRANT FUNDS ALREADY
ALLOCATED TO THE BAYFRONT PARK PROJECT; FURTHER RATIFYING
THE CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN
INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEMBERS OF THE CITY
COMMISSION, AND ADOPTING THE FINDINGS AND CONCLUSIONS SET
FORTH IN THE PREAMBLE OF THIS RESOLUTION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
ON CO. - FOR "SLIP 3 - MOORING PILE
8. ACCEPT BID: EBSARY FOUNDATI
INSTALLATION" ($63,500).
Mayor Suarez: Item 5. Is this a related item?
Mr. Dawkins: What are the names? Put the names in and I may move it.
Mr. Odio: This is to waive the requirements, Commissioners and Mr. Mayor, in
order to avoid delays on construction to authorize a reduction in bidding time
from the required 15 days to 10 days. This is to finish the pier for the
fishermen over at Watson Island. I'm sorry, I stand corrected. It's for the
Navy ships in the FEC property.
Mayor Suarez: Any particular reason why this is called "Slip 3"? There is
only one slip there.
Mr. Jack Eads: It's more....we have five slips there. This is the one
_ remaining.
Mayor Suarez: The one remaining is called "Slip 3".
Mr. Odio; The money is coming out of the Miamarina and Watson Island fund.
Mr. Dawkins; Move it.
Mrs. Kennedy: Second. We've really got to get going on this.
18 July 24, 1986
Mayor Suarez: Moved, ,seconded. Item 5 on the waiving requirements for the
slip for the Navy ships. We found out it's "Slip No. 3" for historical
reasons. Any further discussion, Commissioner Plummer?
Mr. Plummer: I'm sorry, I had to go out for a minute. What does this in
effect do?
Mr. Cather: This provides a mooring pile so that the ships moor against the
piles after we dredge the slip and protects the bulkhead and gives them
something to tie up to.
Mr. Plummer: How much is the cost?
Mr. Cather: $63,500.
Mr. Plummer: Where is the money coming from?
Mr. Odio: The marina fund. Okl
Mayor Suarez: We had appropriated how much? Two fifty for this whole....?
Mr. Plummer: Fine, thank you.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-602
A RESOLUTION ACCEPTING THE BID OF EBSARY FOUNDATION
CO. IN THE PROPOSED AMOUNT OF $63,500.00, BASE BID OF
THE PROPOSAL, FOR SLIP 3 - MOORING PILE; WITH MONIES
THEREFOR ALLOCATED FROM "MIAMARINA MIAMARINA/WATSON
ISLAND MAJOR MAINTENANCE" ACCOUNT IN THE AMOUNT OF
$63,500.00 TO COVER THE CONTRACT COST; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
9. APPROVE IN PRINCIPLE APPLICATION OF PROJECT DEVELOPER "1469 N.W. PARK
PLAZA CORP" FOR CONSTRUCTION OF "CIVIC PARK PLAZA PROFESSIONAL OFFICE
BUILDING" - AUTHORIZE UDAG GRANT APPLICATION.
Mayor Suarez: Item 6, UDAG application.
Mr. Dawkins: On item 6, why is it that these UDAG grants continue to avoid
certain areas? Why is that? Who applies for these grants, Mr. Manager?
Mr. Odio: The way I understand it, Commissioner. is that they have to apply
for it and the application came from this particular area.
Mr. Dawkins: Didn't we solicit from any other area?
19
July 24, 1986
Mr. Herb Bailey: Commissioner, Herb Bailey. UDAG applications are project -
specific, site -specific and in most cases developer -specific. If a developer
has selected a site within the qualified area and they desire to have the UDAG
participation, which can only be done through the City, then they would come
in and make an application for that. We do not advertise on a blanket basis
for UDAG applications.
Mr. Dawkins: Do you tell the individual when he comes in and apply that you
would prefer that he apply in another area?
Mr. Bailey: No, we don't do that.
Mr. Dawkins: O.K. fine, why not?
Mayor Suarez: Herb, even though they're site -specific and developer -specific
and all of that, we know that the amount of money available for UDAG grants is
limited. The more that our City gets in these locations, which are not the
ones that we prefer, the less we're going to have available for the more
preferable locations. I hope you're making every effort to get developers to
apply for the areas that we're more concerned about.
Mr. Dawkins: Not only that, Mr. Mayor, we are eligible for more than one. So
therefore, when an individual applies, it doesn't say that we couldn't sent
four more with it. Am I right or wrong, Mr. Bailey?
Mr. Bailey: It is to our advantage to get as many UDAGs as we can possibly
get, because that's sound money for the City. However, it is not always
feasible to get the developer to go in and acquire a site and invest money in
areas that we would like for them to do that. We try to encourage it by
making other incentives available, but if a developer has decided and has gone
into an area and bought a site and invested a substantial amount of money,
which is usually about two thirds of what the investment requirement is, and
he comes in to the City and asks for a UDAG application, we are sort of
obligated to accommodate that.
Mayor Suarez: At the last Commission meeting we heard about a developer who
for many years had acquired a site and has been trying to get us to help with
applications for federal funding to complete his project and at least from
their perspective felt that they weren't getting any encouragement and support
from the City. So I hope that you correct that.
Mrs. Kennedy: Herb, who is the developer? Who is 1469 N.W. Plaza Park
Corporation?
Mr. Frank Castaneda: It's Luis Santegro and Jose Gelaberd, and I believe that
they're here.
Mr. Plummer: May I ask a question? Because maybe I think that the question
that was raised by Commissioner Dawkins needs, maybe even in my mind, a little
bit more clarification. It is my understanding the applications for a UDAG
grant, if the City serves of no purpose but as a conduit, to proceed these
along the lines to let them apply to Washington, that they cannot apply for
the grant without the City's making its approval; that I guess that it
complies with all rules and regulations and whatever Master Plan. I have, in
the past, remembered that this Commission has approved many UDAG grants that
went for naught, but yet all we did was allowing them to go to proceed. It's
my understanding that the City serves no more than as a conduit along the line
to allow them to go to that process.
Mr. Castaneda: There are advantages for the City submitting. One is that it
is a grant to the City but a loan to the developer. So that when the loan
gets repaid, the City keeps the....
Mr. Plummer: It's the beneficiary.
Mr. Castaneda: Is the beneficiary.
Mr. Plummer: Right.
Mr. Castaneda: You are also the beneficiary of new developments that would
not have acquired without the UDAG and the new developments would probably
create additional jobs in the City. So there are three advantages.
20
July 24, 1986
k
Y.
Mr. Plummer: That's far reaching.
s� Mr. Dawkins: Very. At the present, Mr. Castaneda, how many dollars do we
f have out in UDAG grants?
Mr. Castaneda: How many dollars we have out in UDAG grants that we haven't
drawn down yet? Is that was you're talking about?
7:4 `
Mr. Dawkins: No, how many have you loaned out?
t Mayor Suarez: Right, that theoretically would be paid back to the City?
Mr. Dawkins: That would be paying back.
Mr. Castaneda: There is Airport Seven, which is $1.4 million, that's the one
in the Flagami area. Congress Building would be $615,000 that will be paid
back. The one for Bayside.
Mr. Dawkins: What rate of money are we getting back from Airport Seven each
ski year?
tiny.. Mr. Castaneda: Airport Seven does not start paying interest... this is why
' people like UDAGs, it's because it is interest -free during construction.
That's how HUD sets up the thing.
Mr. Dawkins: What UDAG grants have we approved since I came on board in 1981
that's paying money back to the City now?
Mr. Castaneda: None at this time.
Mr. Dawkins: None.
.> r Mr. Castaneda: None.
r
Mayor Suarez: Are there any in default of the obligation to pay?
Mr. Castaneda: No, let me explain to you. It all depends how the UDAGs are
structured. The one for Overtown Park West are structured that the lease
payment is a UDAG repayment. The ones for Bayside, the lease payment is a
arm UDAG repayment. On the $6,000,000 that goes to the park, there's actually no
repayment by the Rouse Corporation. The same goes for the Centrust Tower,
which is... the Centrust Tower, basically what the UDAG was for Centrust to
have the lease rights for the upstairs so they can build their structure, and
the lease payment is a UDAG repayment. Usually in projects in which the City
_ is very intricately involved, the payment on the UDAG itself is very small and
it's usually as a lease payment where the City gets their money. In the
Airport Seven UDAG we get a 3% interest rate and 25% of the net cash flow. In
�— the Congress Building, what we're trying to renegotiate is a 6% interest. In
this one it would be a 6% interest after construction is completed. These
deals are negotiated basically by HUD staff up there and basically what the
City has to gain is as I said, new development and the payback sometime in the
future.
Mr. Plummer: Is it not a true statement that says that if approved, the UDAG
grant, the City has everything to gain and absolutely nothing to lose?
Mr. Castaneda: That's correct.
Mr. Plummer: I love those kinds of deals.
Mr. Dawkins: What about this paragraph here. "While UDAG funds are provided
in the form of loans to project developers, they are awarded to the City and
funds generated can be used to support staff or consultants working on the
UDAG program, as well as fund Community Development projects in the City's low
and moderate income target areas."
Mr. Castaneda: Right.
Mr. Dawkins: Now what are we going to do with the money?
21 July 24, 1986
41 9
Mr. Castaneda: When it comes back, it would be added as program income under
the CDBG Block Grant and be re -given out. By the way....
Mr. Dawkins: Will that be used to hire consultants and staff?
Mr. Castaneda: No, it would be used for eligible community development
activities.
Mr. Dawkins: Will it be used to hire staff or will it be used in the
community?
Mr. Castaneda: No.
Mr. Dawkins: Will not hire any staff or consultants.
Mr. Castaneda: No, Commissioner.
Mayor Suarez: Not unless this Commission approves, and that's not very
likely.
Mr. Castaneda: Commissioners, I just want to state that Pat Keller, we had a
public hearing in our office yesterday. Pat Keller was there to the public
hearing and she wanted a statement to give out.
Mr. Plummer: Pat who?
Mr. Castaneda: Patricia Keller.
Mr. Plummer: You mean the woman who came before this Commission after she
sued us asking us to pay her expenses?
Mr. Castaneda: That same lady.
Mr. Plummer: Madam City Attorney, would she then be a lobbyist, a paid
lobbyist?
Mrs. Dougherty: If she's accepting money.
Mr. Plummer: I'm kidding, of course.
Mayor Suarez: On item 6.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second it.
Mayor Suarez: Seconded. Any further discussion from the Commission? Call
the roll on item 6.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-603
A RESOLUTION APPROVING IN PRINCIPLE THE APPLICATION OF
PROJECT DEVELOPER "1469 N.W. PARK PLAZA CORP" FOR THE
CONSTRUCTION OF A "CIVIC PARK PLAZA PROFESSIONAL
OFFICE BUILDING" WITH A 56-PARKING PARKING SPACE
BASEMENT AND DIRECTING THE CITY MANAGER TO PROCEED
WITH THE CITY'S APPLICATION FOR AN URBAN DEVELOPMENT
ACTION GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote-
22 July 24. 1986
E
t
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice —Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
it
ON ROLL CALL:
Mr. Plummer: With the signed, seal, and approval of Pat Keller, my God, what
else could I dot I vote yes.
10. CONSENT AGENDA
Mayor Suarez: Items 7 through 23 constitute the Consent Agenda. Any
Commissioners want to handle any items separately, knowing that 21 has been
pulled out, withdrawn by the administration.
Mr. Plummer: Mayor, for clarifications, so there is no misconception in
anyone's mind, for the record, reflect that item 17, in which the name of
Plummer applies, that the individual David Plummer is of no relations to me
and does not in fact constitute a conflict of interest. Having said that, and
made it a part of the record, I ask that item 14 be pulled for further
discussion.
Mayor Suarez: Item 14 is pulled.
Mr. Dawkins: Pull 17, 19, and 23.
Mr. Plummer: With those items, as pulled, Mr. Mayor, I move that the consent
agenda be passed.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Prior to taking the vote on the Consent
Agenda, is there anyone that wishes to be heard for or against items 7 through
23, with the exception of 14, 17, 19, 23, and 21, which is withdrawn. Let the
record reflect that no one has come forward. We can proceed to take a vote on
items 4 through 23 with the exceptions noted. Call the roll, please.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
."(.'y. COMMISSIONER KENNEDY, THE FOLLOWING RESOLUTIONS WERE ADOPTED BY THE FOLLOWING
VOTE:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice —Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
i 23 July 24, 1986
10.1 AUTHORIZE PURCHASE OF 4,000 LINEAR FEET OF DUCTILE IRON PIPE AND
FITTINGS UNDER DADE CONTRACT FROM THE MIAMI-DADE WATER AND SEWER
AUTHORITY.
RESOLUTION NO. 86-604
A RESOLUTION AUTHORIZING THE PURCHASE OF APPROXIMATELY 4,000
LINEAR FEET OF DUCTILE IRON PIPE AND FITTINGS UNDER A METROPOLITAN
DADE COUNTY CONTRACT FROM THE MIAMI-DADE WATER AND SEWER AUTHORITY
DEPARTMENT FOR THE DEPARTMENT OF PUBLIC WORKS; AT A TOTAL
ESTIMATED COST OF $120,000; ALLOCATING FUNDS THEREFOR FROM THE
"DINNER KEY MARINA RENOVATION/EXPANSION ACCOUNT; AND AUTHORIZING
THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS
FOR THESE MATERIALS.
10.2 ACCEPT BID: ROBERT McINTYRE "M & B LAW SERVICE" FOR LOT CLEARING
AT 4861 N.W. 7TH STREET
RESOLUTION NO. 86-605
A RESOLUTION ACCEPTING THE BID OF ROBERT MC INTYRE DBA M & B LAWN
SERVICE COMPANY FOR FURNISHING LOT CLEARING SERVICES AT 4861 N.W.
7TH STREET TO THE DEPARTMENT OF SOLID WASTE AT A TOTAL PROPOSED
COST OF $5,500.00; ALLOCATING FUNDS THEREFOR FROM THE 1986
OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
SERVICE.
10.3 ACCEPT BID: JIM PROSSER ENTERPRISES, INC. FOR ONE AALADIN 45-530D
HEAVY DUTY PRESSURE CLEANER TRAILER AND HOT WATER TANK
RESOLUTION NO. 86-606
A RESOLUTION ACCEPTING THE BID OF JIM PROSSER ENTERPRISES, INC.
FOR FURNISHING ONE (1) AALADIN 45-530D HEAVY DUTY PRESSURE CLEANER
TRAILER AND HOT WATER TANK TO THE DEPARTMENT OF SOLID WASTE AT A
TOTAL PROPOSED COST OF $10,835.00; ALLOCATING FUNDS THEREFOR FROM
THE 1985-86 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT.
10.4 AUTHORIZE AGREEMENT WITH THE BOARD OF DIRECTORS OF MEDICAL ARTS
TRAINING CENTER FOR SERVICES FOR EMERGENCY MEDICAL TECHNICIAN -
PARAMEDIC TRAINING PROGRAM
RESOLUTION NO. 86-607
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE
BOARD OF DIRECTORS OF MEDICAL ARTS TRAINING CENTER, INC.
(M.A.T.C.), FOR COORDINATION OF SERVICES IN CONNECTION WITH AN
EMERGENCY MEDICAL TECHNICIAN -PARAMEDIC TRAINING PROGRAM TO BE
CONDUCTED SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND
CONDITIONS SET FORTH IN SAID AGREEMENT, ALSO AUTHORIZING THE CITY
MANAGER TO EXECUTE SUBSEQUENT AGREEMENTS FOR RENEWABLE TWO (2)
YEAR TERMS AS SPECIFIED IN SAID AGREEMENT.
24 July 24, 1986
10.5 GRANT BEER AND WINE PERMIT FOR W.Q.B.A. FOR SUPER-Q BEACH PARTIES
ON AUGUST 10 AND SEPTEMBER 7, 1986 IN VIRGINIA KEY; PROVIDED
REQUIRED PERMITS ARE OBTAINED.
RESOLUTION NO. 86-608
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY PERMIT BY
THE FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST OF RADIO STATION
W.Q.B.A. TO SELL BEER AND WINE FOR TWO (2) ONE -DAY PERIODS IN
CONNECTION WITH THE SUPER-Q BEACH PARTIES TO BE HELD AUGUST 10 AND
SEPTEMBER 7, 1986, IN VIRGINIA KEY PARK SUBJECT TO THE ISSUANCE OF
ALL PERMITS REQUIRED BY LAW AND COMPLIANCE WITH SUCH CONDITIONS
AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI.
10.6 RATIFY CITY MANAGER'S EMPLOYMENT OF ELLIS-SNYDER ASSOCIATES FOR
ADDITIONAL WORK ON DINNER KEY MARINA RENOVATION AND EXPANSION
PROJECT PLANS
RESOLUTION NO. 86-609
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S EMPLOYMENT OF ELLIS-SNYDER ASSOCIATES INC. FOR
ADDITIONAL PROFESSIONAL SERVICES WITHIN THE ORIGINAL SCOPE OF
SERVICES BUT FOR UNFORESEEN ADDITIONAL WORK ON THE DINNER KEY
MARINA RENOVATION AND EXPANSION PROJECT PLANS IN CONNECTION WITH
THE NOVEMBER 8, 1985 AGREEMENT WITH SAID FIRM FOR A FEE OF $8,964;
ALLOCATING FUNDS THEREFOR FROM THE DINNER KEY MARINA RETAINED
EARNINGS FUND.
10.7 CONTINUE ANNUAL LICENSE FOR COGEN SOFTWARE AND FOR XGEN SOFTWARE
RESOLUTION NO. 86-610
A RESOLUTION TO CONTINUE THE ANNUAL LICENSE FOR THE COGEN
SOFTWARE ACQUIRED FROM SOFTWARE CLEARING HOUSE PER RESOLUTION NO.
83-705 DATED JUNE 28, 1983 AT A PROPOSED ANNUAL COST OF $8,000 FOR
FIVE YEARS AND THE CONVERSION LICENSE FEE FOR XGEN SOFTWARE AT A
PROPOSED ONE TIME COST OF $5,000 TO BE ACQUIRED AND PAID FOR FROM
THE DEPARTMENT OF COMPUTERS ANNUAL BUDGET.
10.8 ACCEPT UDAG GRANT FROM HUD FOR ACQUISITIONAL REHABILITATION
CONVERSION OF 21-STORY CONGRESS BUILDING INTO OFFICE/COMMERCIAL
BUILDING.
RESOLUTION NO. 86-611
A RESOLUTION AUTHORIZING THE CITY MANAGER UPON APPROVAL TO ACCEPT
A $615,000 URBAN DEVELOPMENT ACTION GRANT FROM THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE ACQUISITION,
SUBSTANTIAL REHABILITATION AND CONVERSION OF THE 21-STORY CONGRESS
BUILDING INTO AN OFFICE AND COMMERCIAL BUILDING AND NEGOTIATE THE
NECESSARY IMPLEMENTING CONTRACTS AND AGREEMENTS WITH THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND SAMUEL AND
ASSOCIATES (DEVELOPERS).
10.9 ENDORSE DEVELOPMENT OF FLORIDA HIGH SPEED RAIL PROJECT
RESOLUTION NO. 86-612
A RESOLUTION ENDORSING THE DEVELOPMENT OF THE FLORIDA HIGH SPEED
RAIL PROJECT, WITH A TERMINAL COMPLEX TO BE DEVELOPED WITHIN THE
DOWNTOWN AREA OF THE CITY OF MIAMI, LINKING THIS SYSTEM WITH THE
METRORAIL AND METROMOVER TRANSPORTATION SYSTEMS, AND INSTRUCTING
THE CITY MANAGER TO PROVIDE THE NECESSARY ADMINISTRATIVE
ASSISTANCE OF THE CITY TO THE FLORIDA HIGH SPEED EMAIL
TRANSPORTATION COMMISSION IN PLANNING, EVALUATING AND IMPLEMENTING
THE PROJECT.
25 July 24, 1986
10.10 RENEW LEASE WITH BURROUGHS CORPORATION FOR ONE HUNDRED B-20
MICROCOMPUTERS AND SEVENTY-FIVE PRINTERS, ETC.
RESOLUTION NO. 86-613
A RESOLUTION AUTHORIZING THE RENEWAL OF THE LEASE PURCHASE WITH
THE BURROUGHS CORPORATION FOR ONE HUNDRED B-20 MICROCOMPUTERS AND
SEVENTY-FIVE PRINTERS AT AN ANNUAL COST OF $1170 FOR THE B-SO'S,
$1582 FOR COLOR GRAPHICS B-20'S, $780 FOR EXPANSION DEVICES, AND
$650 FOR PRINTERS ACQUIRED UNDER THE EXISTING STATE OF FLORIDA
CONTRACT FOR VARIOUS CITY DEPARTMENTS AUTHORIZING THE CITY MANAGER
TOO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR THE EQUIPMENT; ALLOCATING FUNDS THEREFORE FROM THE
DEPARTMENTAL OPERATING BUDGET OF THE VARIOUS DEPARTMENTS.
10.11 EXECUTE FIRST AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT
WITH BAYSIDE CENTER LIMITED PARTNERSHIP FOR THE BAYSIDE SPECIALTY
CENTER RETAIL PARCEL.
RESOLUTION NO. 86-614
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY AND BAYSIDE
CENTER LIMITED PARTNERSHIP FOR THE BAYSIDE SPECIALTY CENTER
RETAIL PARCEL TO CLARIFY CERTAIN TERMS AND CONDITIONS AND TO
INCORPORATE CERTAIN ADDITIONS.
10.12 AUTHORIZE FIRST AMENDMENT TO SUPPLEMENTAL AGREEMENT WITH MIAMI
MOTORSPORTS AND BAYSIDE CENTER LIMITED PARTNERSHIP RELOCATE GRAND
PRIX RACE COURSE OUTSIDE OF BAYFRONT PARK.
RESOLUTION NO. 86-615
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT TO SUPPLEMENTAL AGREEMENT, IN SUBSTANTIALLY THE FORM
a: ATTACHED, BETWEEN THE CITY, MIAMI MOTORSPORTS, INC. AND BAYSIDE
n,3 CENTER LIMITED PARTNERSHIP, TO REFLECT THE RELOCATION OF THE GRAND
�:: ... PRIX RACE COURSE OUTSIDE OF BAYFRONT PARK.
11. DEFER CONSIDERATION OF REQUEST FOR PROPOSALS TO FURNISH TOWING/WRECKING
SERVICES TO CITY DEPARTMENTS
r
Mayor Suarez: Item 14.
p
yf ..
'a
Mr. Plummer: Mr. Mayor, item 14 relates to the wreckers service contract and
�.c
I'm just putting it on the record, it was my understanding this was going to
be an ordinance. It is nothing more than the issuance of an RFP. For the
history of those who possibly were not here the last time this was brought up
and denied by this Commission, it was with the full understanding of those
principals who were directly involved, that they would be a part of
;.�
formulating, as a users committee, input to the formulation of this new RFP
y
and of course the final award. There was an organization, as I recall, in
°�-
Orlando who was a basic organization who could be independent of the local
people and as such would not have a vested interest. Now, I asked Mr.
Williams, when he came to speak with me about this the other day, had they
b,:..
been involved, as we promised they would; and unfortunately, they have not had
;
that opportunity. Mr. Mayor, I think it is only right and in keeping that we
live up to that agreement to the people of before and that this matter be
deferred until the next meeting, having the opportunity of the association and
having the users committee to give the right to them to have input into the
development of this RFP. It is in no way any indication that they will have
the right to dictate, but I think we did make them a promise. For example,
many of the people in the industry were totally unaware that this was coming
26 July 24, 1986
before this Commission today and have called this morning with surprise to
this item. All I'm saying is that I think we should give them the opportunity
to have input. I'm not saying that in any way, shape or form we will agree
with that input.
Mr. Odio: May I ask for... can we, can you approve this subject to that they
participate in the pre —bid conference?
Mr. Plummer: No, sir.
Mr. Odio: Fine, Commissioner.
Mr. Plummer: For example, Mr. Manager, I have expressed to Mr. Williams a
couple, two or three areas of concern. The way this ordinance, it's not an
ordinance, this resolution, excuse me, the RFP is drawn, and I have not
received the answers at this particular point, for example, one of the biggest
areas of concern, there is no provision of any liability that is presently
assumed by the City when we put a hook to a car, as to what is in fact the
liability incurred, if(a) a person makes an alleged allegation that things
disappeared from the car, or (b) the indemnification if in fact the car is
further damaged during the actual towing. My other areas of concern were
storage, because it's ten dollars a day. A parking lot downtown gets seven
dollars; we are advocating charging ten. The other provision that I was
concerned about that a stolen car is being recovered, the average time of the
Police Department notifying those individuals is running between five and
seven days, which automatically builds up the storage. There is something
wrong in that provision of not quicker notification of a recovery. I think
there are a lot of answers. I'm not in the wrecker business, but I think we
should have people of that... that have the opportunity to go over it and in
effect, make recommendations.
Mr. Dawkins: You should be.
Mr. Plummer: I should be in the wrecker business? Well, I might be later.
Who knows?
Mayor Suarez: I don't mean to necessarily contradict your concerns in any
way, but we're a few steps removed from actually approving anything here, but
just about every recommendation you make can be taken into consideration by
them as they work out the RFP and then later come back with the proposal for
our approval.
Mr. Plummer: Excuse me, Mr. Mayor, I have to disagree with you. This is
actually, in fact, the approval of issuing the RFP. That means in effect of
law, that you are issuing an RFP as stated presently on the books. That means
that tomorrow or sometime this afternoon that RFP will go out to the general
public as it is presently drawn with questions still unanswered.
Mayor Suarez: But I mean, if you want the input of someone from the
association or if you want to add additional, that can be built in to the
resolution. If you want to add additional modifications to this RFP, such as
the ones you've suggested, if you are not ready to do it now, then that's a
moot question, but if you were ready to do it now, we could do it now.
Mr. Plummer: No, sir, I am not.
Mayor Suarez: We could mark up the RFP in effect.
Mr. Plummer: I would like to have a users' input.
Mayor Suarez: So moved.
Mr. Plummer: Mr. Mayor, I move at this time that this Commission, in
keeping good faith promises made to the local association, that a committee of
users be formulated, by the department is fine with me, to give input,
recommendations for an RFP, which would be brought back to us the first
meeting in September. I so move.
Mayor Suarez: So moved.
Mr. Carollo: Second.
27
July 24, 1986
Z'
'
Mayor Seconded.
Any discussion from
Suarez:
the Commission? Call the roll.
The following motion
was introduced by
Commissioner Plummer, who
�'.
moved its adoption:
Y
`.
MOTION NO. 86-616
mac:
A MOTION TO
DEFER CONSIDERATION
OF PROPOSED ISSUANCE
OF A REQUEST
FOR PROPOSALS TO FURNISH TOWING/WRECKING
SERVICES TO CITY DEPARTMENTS; FURTHER DIRECTING THAT A
COMMITTEE OF USERS BE FORMULATED TO GIVE THEIR INPUT
PRIOR TO DRAFTING THE RFP, AND TO COME BACK WITH A
RECOMMENDATION BY THE FIRST MEETING IN SEPTEMBER.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: The general thrust of what you're doing is a great idea too,
because we've been working without a contract and people out there have been
complaining about towing. It's nice to let them know what the parameters will
be once we get it drafted.
Mr. Ron Williams: Fine, Mr. Mayor, if I may, what specific associations or
organizations would you like for us to meet with?
Mr. Plummer: I think the promise we made to was an organization, statewide,
in Orlando. They can give you that organizational name. If there is a local
wrecker service, include the president of that organization.
Mr. Williams: Fine, we'll meet with them and come back to you.
Mayor Suarez: Thank you, Ron.
12. DISCUSSION AND TEMPORARY DEFERRAL CONCERNING AGREEMENT WITH DAVID PLUMMER
TO ASSIST IN PREPARATION OF A D.R.I. APPLICATION REGARDING THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT (See label #28)
Mayor Suarez: Item 17.
Mr. Dawkins: Item 17, two questions. Number one, why is it that this City of
Miami cannot use anybody but David Plummer and Associates? There are no other
firms that can do what David Plummer and Associates do?
Mr. Matthew Schwartz: Commissioner Dawkins, the reason David Plummer and
Associates and their two subconsultants were selected for this project is that
they have already been selected through an extensive consultant selection
process for the downtown D.R.I. They can perform this work. They have most
of the data already for the general area. They can do this cheaper and faster
than other consultants for this project and that's the reason why we went with
David Plummer.
Mr. Dawkins: How did you determine that they could do it cheaper?
Mr. Schwartz: Based on discussions that we had with other consulting firms
that do D.R.I.s; they're generally in the range of $80,000 to $100,000. The
services that they will provide to us will be for $49,708.
Mr. Dawkins: And nobody else in town could have done it for that.
28 July 24, 1986
It
Mayor Suarez: What was the figure you just gave?
Mr. Schwartz: $49,708.
Mrs. Kennedy: And you say that they can do it faster?
Mr. Schwartz: Yes, because in the fact that we have received the UDAG grant
and the determination of the Manager and the Commission that we move forth and
start construction by the end of this year, we would like to complete the UDAG
process by the end of this year so we can proceed. This is also... sorry....
Mayor Suarez: In line with Commissioner Dawkins' question and Commissioner
Kennedy's, what about the possibility of having City staff or one of our
agencies do it for free, for example, D.D.A. They have a nice staff over
there that could help prepare this.
Mr. Schwartz: In the past we have been attempting to do this document in
house to save money with the changes in the D.R.I. regulations. There are
certain aspects,.... well traffic, they do not have the capacity either to do
it, D.D.A. and some of the engineering aspects of the application. Part of
the application will be done in house. D.D.A. in the past, we had a contract,
we would have to pay D.D.A. for these services.
Mr. Dawkins: Are you saying, Mr. Schwartz, that individuals having finished
from the same schools accredited as the same people working with David
Plummer, having acquired the same schooling and training, and perhaps having
worked in this area and in fields like this, that they are less efficient to
do the job as quickly as David Plummer and those, just because they have not
done one?
Mr. Schwartz: No, Commissioner Dawkins, I am sure that there are other people
in this community that could perform the work. The thing is that they are
under contract now for the downtown D.R.I. They have gathered a good portion
of this data already for the surrounding area. Our document has to be... fit
in with the downtown D.R.I.
Mr. Dawkins: You guys are going to lose my vote up here. I'm tired of you
guys running up here with the same fair -headed boys and telling me they're the
only ones can do the work. Wher, everybody else in this City of Miami is
starving to death and one or two firms gets fatter.
Mrs. Kennedy: You're right, and it's always the same people over and over
again.
Mr. Dawkins: All right, my second question. David Plummer and Associates,
crime consultants, subconsultants, William Russel and Johnson, (Black),
Bermello, Viera, (Latin). What percentage of the total dollars will each of
these firms receive?
Mr. Schwartz: Kahart Pinder is here representing David Plummer and
Associates. Together it's 41%.
Mr. Kahart Pinder: Good morning, Mr. Mayor, members of the Commission. My
name is Kahart Pinder of the consulting firm David Plummer and Associates.
Mr. Plummer: Excuse me, sir, are you a registered lobbyist? You are here
representing a client. You're getting paid a fee. Am I correct, sir?
Mr. Pinder: If we're successful, we will be getting a fee.
Mr. Plummer: No, no, are you not here representing a client for which you are
receiving a fee?
Mr. Pinder: We will be receiving a fee.
Mr. Plummer; Sir, my question is whether you win or lose....
Mrs. Kennedy: You don't have to be successful.
Mr. Schwartz; Commissioner Plummer, he is an employee of the firm.
29 July 24, 1986
U
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=
Mr. Pinder: I'm an employee of the firm.
Mr. Plummer: He is representing a client. Is that correct? Madam City
y
Attorney, what am I doing your job for? You get paid damn well. Is this man
a registered lobbyist or not? Sir, I'm only trying to save you embarrassment
and me. Madam City Attorney, would you please question the speaker to see and
determine whether or not he is a lobbyist?
A'
Mrs. Dougherty: What is your relationship to the firm?
Mr. Pinder: I am an employee of the firm.
fu
Mrs. Dougherty: You are paid by the firm?
tz
Mr. Pinder: Yes, ma'am.
Mrs. Dougherty: You are coming here today to advocate the passage of a
resolution granting some rights to your company?
Mr. Pinder: Yes, ma'am.
Mrs. Dougherty: Then you are a paid lobbyist.
3
Mr. Plummer: Have you registered, sir?
Mr. Pinder: To my knowledge, no, sir.
Mr. Plummer: Either you walk away from the microphone or I will, sir. I'm
sorry, I mean, you understand, sir, I'm not trying to embarrass you. It is
j
not my intent to embarrass you, sir. It is my intent that you don't get into
a problem and I don't get into a problem.
Mayor Suarez: The interpretation given means that any public relations, vice
t
president or whatever from FPL or any other entity....
Mrs. Dougherty: Yes, sir, remember at the time that we considered this
ordinance, I asked you whether or not you wanted to exempt employees that are
from FP&L, Southern Bell, those kinds of employees that regularly lobby you.
Your decision was not to.
-cr
„r
Mr. Plummer: Exactly.
Mr. Carollo: That's correct, nor any other employees....
Mr. Plummer: Mr. Mayor, I want to put on the record that it was not my intent
in any way, I don't even know who this man is, it was not my intent to
embarrass him or in any way cast a shadow on his appearance. It was strictly
my intent to save him and us the embarrassment that we did not comply with our
own rule and regulation. I want that on the record. He just happened to be
the first one up there.
Mr. Schwartz: Commissioner Dawkins, I have the information now.
Mr. Dawkins: What is it?
Mr. Schwartz: On the contract, 592 to David Plummer and Associates, Bermello
Kurki and Vera 14%, William Russell and Johnson 18%, and Environmental
Engineering Consultants Inc. 9%.
Mr. Dawkins: The minorities have how much?
Mr. Schwartz: In total 41%.
Mr. Dawkins: Beg your pardon? No, no, no, no, no, no, wait a minute, you
only have two minorities listed here. William Russell and Johnson.
Mr. Schwartz: I'm sorry, thirty-two, William Russel and Johnson, 18%....
Mr, Dawkins: Hold it, 18%, all right. Bermello..,.
Mr. Schwartz: Kurki and Vera is 14%.
30 July 24, 1986
a
V,
Mr. Dawkins: 14%s all right.
I
Mr. Schwartz: David Plummer and Associates is owned by a female. A female is
the owner of the firm.
Mr. Dawkins: David Plummer and Associates is owned by a female. All right.
Mr. Plummer: Mr. Dawkins, that happens in every Plummer family. For example,
my ex-wife and I had a 50/50 bank account. I put it in, she took it out.
Mr. Dawkins: Mr. Mayor, I move that this item be tabled until David Plummer
can bring to me or to the City Administration its stock book showing that a
female owns 51% of David Plummer and Associates. Once they show me that, I
will accept it as a minority woman -owned firm. Until then, I will not.
Mr. Plummer: Second the motion.
Mayor Suarez: Moved and seconded. Any discussion from the Commission? The
motion is to defer this item pending proof by David Plummer and Associates
that more than 50% of the stock is owned by a woman.
Mr. Dawkins: No, 51%.
Mayor Suarez: Yes, more than 50.
Mr. Dawkins: That's what they just said, woman minority owned firm. If that
lady owns, whoever she is, owns 51%, then it's woman owned. If it's not, they
lied.
Mr. Schwartz: Is it possible to approve this, subject to the Manager review?
Mr. Dawkins: No, sir, no.
Mr. Odio: I want to review it anyhow.
Mr. Dawkins: It's possible if you get me that before this afternoon, yes.
Mr. Schwartz: O.K.
Mayor Suarez: O.K., we're going to table, then Commission, according to
pending obtaining proof. Maybe we can vote on it today and dispose of it.
13. DISCUSSION AND DEFERRAL OF BAYSIDE CENTER LIMITED PARTNERSHIP AGREEMENT
FOR BAYSIDE SPECIALTY CENTER PARKING GARAGE PARCEL
Mayor Suarez: Item 19 is the other one you requested.
Mr. Dawkins: Why is it necessary out of all of the meetings we had, why is it
necessary to amend the lease for Bayside now? Once you amend it, to whose
benefit is it being amended?
Mayor Suarez: What are the amendments that are proposed here?
Mr. Gilchrist: The amendments are rather technical and minor amendments, but
they're required by the lending institution.
Mr. Dawkins: They're required by the lending institution?
Mr. Gilchrist: Yes, I have the attorney here for the Rouse Company and I'd
like her to respond.
Mr. Dawkins: No, no, where is the attorney for the lending institution? You
didn't tell me Rouse. You said these changes are being required by the
lending institution. Who's here from the lending institution that can tell me
why they're required?
Mr. Gilchrist: I don't believe we have an attorney here from the lending
institution, sir.
31 July 24, 1986
Mayor Suarez: Can you tell us the general nature yourself?
a
Mr. Gilchrist: I would like the attorney to speak to that. Their definition
of the WASA....
Mayor Suarez: At the risk of being required to register as a lobbyist...
k..
maybe she's registered. Have you registered?
i
UNIDENTIFIED SPEAKER: I'm an employee of the Rouse Company.
-:
Mr. Plummer: Have you registered as a lobbyist?
Mr. Odio: She doesn't have to. She's an employee.
Mrs. Dougherty: She's here to answer questions.
Mayor Suarez: We just went through that.
Mr. Dawkins: We just went through that. She's going to lobby; she has to go
sign up.
Mr. Odio: You mean an employee has to sign?
Mr. Plummer: Sure.
Mayor Suarez: Of course, we're under contract with the Rouse Company on this
matter. So they're not... she's advocating an amendment, presumably.
Mr. Plummer: But it's to their benefit.
Mrs. Dougherty: She's not advocating. She's answering questions.
r
Mayor Suarez: If I were you, I'd register.
Mr. Gilchrist: She can talk in my ear.
Mayor Suarez: Do you know what they are, John?
Mr. Gilchrist: Yes, the first amendment is a definition of WASA, which is the
Water and Sewer Authority. It's just a definition.
Mayor Suarez: It's taken us all these years to define it.
Mr. Gilchrist: I don't know.
--
Mayor Suarez: We gave it away to the County and now we're defining it.
—
Mr. Gilchrist: It wasn't correctly defined in the original agreement.
-=
Clause... "minority departments partners to die and transfer their interest
�.
upon death to another..."
Mr. Dawkins: Which one is that?
Ate fy
Mr. Gilchrist: Well, if you look on the second page of the agreement,
paragraph 1.2, the restated lease is amended by adding the words "or any
- _
transfer by will or by operation of law as a result of a death of a limited
=
partner of developer."
-
Mr. Dawkins: That's 19? I don't have that.
Mrs. Kennedy: I don't have that either.
-
Mr. Plummer: I move item 19 be deferred until the next meeting.
-
Mayor Suarez: So moved.
Mr. Carollo: Second.
- -
Mayor Suarez; Seconded.
32
July 24, 1966
or
Mr. Dawkins: I suggest the lady go register for a lobbyist so she won't have
z`
to go through this the next time.
Mayor Suarez: The City Attorney has stated that employees of companies that
stand to be in a position of advocating any ordinance change or whatever must
also register.
-'
Mr. Plummer: An employee, Mr. Mayor, that is representing the firm, and the
firm is the actual lobbyist, but they are individually representing the firm.
Mr. Dawkins: The City Attorney only rules what we pass, Mr. Mayor. Let's not
make the City Attorney the scapegoat up here. The Commissioners are the ones
who instructed her to do this. Put the monkey on our back; don't put it on
her back. You didn't do this, Lucia, we did.
Mayor Suarez: The Commission, pursuant to the City Attorney's opinion, has
determined and made public that employees of companies that are advocating
changes must also register.
THIS ITEM WAS DEFERRED TO THE NEXT MEETING.
14. EXTENSION OF AGREEMENT WITH VINCENT GRIMM FOR WORLD TRADE CENTER PROJECT
Mayor Suarez: Item 23.
Mr. Dawkins: Mr. Manager, the way you have cut salaries and the way you have
trimmed your administration, why is this necessary?
Mr. Odio: Sir, Vice Grimm began the World Trade Center Project.
It is a
complicated process with the UDAG's and the center's building
and the
differences that we had in opinion in design, in the parking garage,
etc., and
all I wanted is for him to finish this project, which will be
finished
'-
sometime in 1987. Once that is done, we will not be requiring his
services
any longer, but I don't think it is wise, when we are almost at the
end, to
y4
change, it could be more costly than what we are paying him.
Mr. Dawkins: OK, all right now, what is Mr. Vince Grimm doing that members of
' • �,,:
your engineering staff cannot do?
Mr. Odio: For one thing, Commissioner, he has been involved
from the
�-
beginning in the concept and designing, and to change now to another
engineer,
-
would not be wise, I don't think. I think we could...
Mr. Dawkins: How long has Mr. Vince Grimm been retired?
Mr. Odio: I think it is three years.
Mr. Dawkins: Three years, and in three years, we didn't have sense enough to
put somebody to co -work with him, or someone to go on on-the-job- training, or
anything to learn what he was doing. We just let him sit there for three
years, hoping that he don't drop dead, or have a stroke, or decide to move out
of Miami, where we would not have had anybody with any expertise to do this
job.
Mr. Odio: Commissioner Dawkins, the fact is, that if we had to finish the job
with somebody else, it could be done. I just don't think it is wise, at this
time to do it, but it can be done with somebody else.
Mr. Dawkins: Now, you doing the same thing to me my wife does! You are
hearing me, but you are not paying attention.
Mr. Odio: I did pay attention, sir.
Mr. Dawkins: No, sir, you didn't answer the question then, sir!
Mr. Odio: There is an engineer in the City that could work, and he is......
Mr. Dawkins; Why isn't he working with him, sir?
33 July 24, 1986
Mr. Odio: Because I did get him off the payroll from the City of Miami. He
was moved to the Public Works Department. He was making... how much was Allen
Poms making, $57,000?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Odio: He was making $67,000, Allen Poms. I removed him from the City
payroll. He was transferred to Public Works to work on bonds. He is being
paid by a bond program and when that is finished, he will be... he is not a
City employee, that is what I am saying. I cannot use him ......
Mr. Dawkins: Well, Mr. Grimm is not a City employee.
Mr. Odio: He is not, but that is why you have to pay him separate.
Mrs. Kennedy: Yes, but you are talking about $30,000, ongoing for four years,
now.
Mr. Odio: Mr. Poms was making $67,000.
Mr. Plummer: Can I speak of not only my dear friend, Mr. Vince Grimm, but
what I think it behooves the City to consider this seriously. Mr. Grimm is
probably the most single knowledgable person, after 40 years of experience in
Public Works. At the time that he retired, he was making in the neighborhood
of $80,000 a year. Mr. Grimm is now being turned around as a consultant to
work for this City, doing exactly the same thing that he did before for
$30,000. It is my impression that that is a tremendous bargain for this City
to have an individual, who in working full time for the City, r was making
$80,000, or approximately $80,000, who is now turning around doing the same
thing for $30,000. There is no one to my knowledge, who is as well versed,
who has been with the project since Day 1, and who hopefully will be around to
remind those people of what has happened in the past, because he single
handedly was instructed to be a project supervisor. So, I just say that in
his behalf.
Mr. Dawkins: In his behalf we all will say that since Grimm is earning his
money, our argument or discussion is not with Mr. Grimm. My argument is
number one, with the administrator who hired him for $30,000 a year, and since
you said it, Commissioner Plummer, I will put the whole thing on the table.
Mr. Grimm gets $70,000 as a retirement from the City of Miami, and we pay him
$30,000, so he didn't really go home, you know, and come back out of
generosity, for $30,000. He went home with $70,000, and we pay him $30,000,
and he goes home with $100,0001 Right now, so, I mean, but we need him! But,
if we are going to, you know, hang out the laundry, hang it all out, or don't
hang none of it out.
Mr. Carollo: Yes, I think you are right, but let us be fair. You are
throwing the blame on Howard, and it wasn't Howard that really hired him. He
was hired because of the Commission waiving the requirement by Charter, so it
was actually the Commission that approved it, and instructed Howard Gary to
hire him.
Mr. Odio: I think, Commissioner, that this is a question of numbers. Either
you use Vince Grimm for $30,000, or get somebody else and pay him $70,000.
Mr. Dawkins: We have no problems with Mr. Grimm. He earns his money, he is
needed, and you guys, some kind of way, he is the only one who knows what the
hell we are doingl But, if you got two people... how many engineers we got?
Mr. Odio: In the Public Works Department, we have how many total, 20? How
many engineers in the Public Works Department? 12.
Mr. Dawkins: Twelve? Get rid of four of them, and Mr. Vince Grimm continues
to do what he is doing. Why in the hell do we have 12 engineers, and we have
to go out and hire an expert in one area. Get rid of four of them that you
got. How much...
Mayor Suarez: How much is really pending...
Mr. Dawkins: Now hold itl That is a suggestion, because I don't want them
saying I violated the Charter telling, dictating to you what the hell to do.
No, no, no, that is a suggestion)
34
July 249 1986
Mr. Odio: It is a good suggestion. I will be presenting pretty soon a
reorganization of the Public Works Department.
Mayor Suarez: What really is pending to be done on that agreement with the
Centrust Tower. Is that...
Mr. Odio: To finalize negotiations with the .......
Mayor Suarez: I thought we were very close to finalizing it.
Mr. Odio: Yes, we are. I'd hope so.
Mayor Suarez: And we still need to have a consultant for what period of time?
Mr. Odio: I would say for this year, and I am also using Vince Grimm in other
capacities.
Mr. Plummer: This year meaning with this calendar year, or this fiscal year,
or what?
Mr. Odio: Yes, this fiscal year.
Mr. Dawkins: I'll move the item.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Even though we are very close to
completing negotiations, I mean, is there...?
Mr. Odio: And I am also using him in other areas that I need him to advise
me. One of the them is in the committee for Park West/Overtown.
Mrs. Dougherty: Also, he is being used by us in connection with suing the
developers and the architects and engineers of the Centrust Towers.
Mr. Dawkins: Well, if that is true, then won't you pick up part of his salary
out of your budget.
Mayor Suarez: You mean, as an expert witness, or just in preparing new
testimony?
Mrs. Dougherty: He is the one with the background, etc.
(INAUDIBLE BACKGROUND COMMENTS)
Mrs. Dougherty: Thank you.
Mayor Suarez: Is there any further discussion from the Commission? Call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-617
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
TERM OF THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH
VINCENT E. GRIMM JR. FROM AUGUST 1, 1986 THROUGH JULY 31,
1987 FOR PROFESSIONAL CONSULTANT SERVICES PRIMARILY IN
CONNECTION WITH THE WORLD TRADE CENTER PROJECT AT THE SAME
FIXED MONTHLY PAYMENT AS PROVIDED BY SAID AGREEMENT AND
ALLOCATING MONIES THEREFOR FROM PREVIOUSLY APPROPRIATED
FUNDS.
(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-
35
July 24, 1986
` AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: None
,,.. 15. EMERGENCY ORDINANCE: AUTHORIZE ISSUANCE OF $40,000,000 GENERAL
OBLIGATION REFUNDING BONDS (SERIES 1986) VOR REFUNDING FIRE, HOUSING,
SEWER AND HIGHWAY BONDS.
Mayor Suarez: Item 24.
Mr. Carlos Garcia: Mr. Mayor and members of the City Commission, we are
passing out revised ordinances for items 24 and 25. First of all, let me
apologize for these last minute changes. The fact is that we are running a
deadline of September 1st, when the tax law will be changed and we have been
pushing these two sales very hard. The first item is item 24, which has to do
with refunding the 1984 General Obligation bonds the City sold in 1984, in the
amount of $30,200,000, at an interest rate in excess of ten percent. At this
time, because interest rates are below eight percent...
Mayor Suarez: What do we expect to get if we refund it now?
Mr. Garcia: Anywhere between $1,000,000 and $1,500,000 depending on market
conditions.
Mayor Suarez: Now, what interest rate are we expecting to get if...
Mr. Garcia: Below eight percent, I would imagine 7.7, 7.6. So we will be
saving in total debt service payments over $3,000,000. In present value
dollars, that will be about $1,500,000.
Mayor Suarez: Over the next how many years?
Mr. Garcia: Over the next 25 years. We have a team of underwriters working
on this deal that are working on no management fee, that you have approved in
the past. They are the firms of Drexel Burnham, Goldman Sachs, Southwestern
Capital and M. Securities. The changes that you have on this new ordinance
that I gave you today, is that it limits the amount of the sale to
$40,000.000. At this time, we are looking at a sale of probably $36,000,000.
Again, the total debt service will be, as I said, $3,000,000 lower than what
we have to pay on the 1984 bonds.
Mayor Suarez: Sometime I am going to ask you to go through some present value
calculations with me to see how you come up with one point five.
Mr. Garcia: OK, I have some calculations that were run.....
Mayor Suarez: Out of a total of $3,000,000 in stream of returns, how do you
get $1,500,000 in present value?..o but, anyhow...
Mr. Garcia: I have some calculations here that were run on July 1st and
you're welcome.
Mayor Suarez: I'm not going to dicker with your figures at this point.
Mr. Garcia: If you look at the fifth column, that would give you the total
debt service for the new bonds, which is approximately $73,000,000. The debt
service on the old bonds, the next column, which was approximately
$76,000,000, and the last column, is a cumulative savings of three point two.
That, using seven...
Mayor Suarez: What do you assume for a discount rate?
Mr. Garcia: 7.48 percent.
36 July 24, 1986
1
Mayor Suarez: The same as the interest rate that you expect to get?
Mr. Garcia: It is not exactly the same, it is lower than the interest rate we
expect to get.
Mayor Suarez: If the interest rates go up, that will be totally out of whack,
but anyhow...
Mr. Garcia: Still, that saves the... the debt service savings would be there.
Mayor Suarez: I understand that that figure doesn't change. I am talking
about present value.
Mr. Garcia: We will be able to... right, present value will change.
Mayor Suarez: OK, what is the Commission's pleasure?
Mr. Plummer: Move it.
Mrs. Kennedy: Move 24.
Mayor Suarez: Moved and seconded. Any further discussion from the
Commission? At least you are getting us some savings, Carlos. I don't know
if it is quite as high as what you claim, but, call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $40.000,000
PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING
BONDS, SERIES 1986, OF THE CITY OF MIAMI FOR THE
PURPOSE OF REFUNDING CERTAIN OF THE CITY'S FIRE
FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS,
HOUSING BONDS, STORM SEWER IMPROVEMENT BONDS AND
STREET AND HIGHWAY IMPROVEMENT BONDS, ALL DATED JUNE
1, 1984; DECLARING AN EMERGENCY TO EXIST; PROVIDING
THAT SUCH GENERAL OBLIGATION REFUNDING BONDS SHALL,
SUBJECT TO CERTAIN LIMITATIONS, CONSTITUTE GENERAL
OBLIGATIONS OF THE CITY, AND THAT, SUBJECT TO SUCH
LIMITATIONS, THE FULL FAITH, CREDIT AND TAXING POWER
OF THE CITY SHALL BE IRREVOCABLY PLEDGED FOR THE
PAYMENT OF THE PRINCIPAL OF AND THE INTEREST OF SUCH
GENERAL OBLIGATION REFUNDING BONDS; MAKING CERTAIN
COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH;
APPROVING THE FORM OF AN ESCROW DEPOSIT AGREEMENT;
AUTHORIZING THE NEGOTIATED SALE OF SUCH GENERAL
OBLIGATION REFUNDING BONDS; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF A BOND PURCHASE
AGREEMENT; AUTHORIZING THE CITY MANAGER TO AWARD THE
SALE OF THE BONDS AND APPROVING THE CONDITIONS AND
CRITERIA OF SUCH SALE; APPROVING THE FORM OF A
PRELIMINARY OFFICIAL STATEMENT; APPOINTING A PAYING
AGENT, CO -PAYING AGENT, AND BOND REGISTRAR,
AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE
CITY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH
THE ISSUANCE OF SAID BONDS; AND PROVIDING AN EFFECTIVE
DATE.
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-
i
37 July 24. 1986
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10134.
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.
16. DISCUSSION AND TEMPORARY DEFERRAL OF APPROVING THE ACQUISITION OF
PROPERTY BY LEASE -PURCHASE (See label i29)
Mayor Suarez: Item 25. Now, this one is going to be an interesting one to
explain here.
Mr. Odio: It is interesting because it is an option we are giving the
Commission to... you don't have to do this. The way we were buying equipment
in the City of Miami, and other... vehicles, and so forth, has been cash. We
have paid cash for it. When we went to buy, specifically, 78 police cars, I
asked a question and they said, "Yes, we paid cash for these cars."
Therefore, they are draining the cash reserves the City has. I asked the
Finance Department at that time to find out options, other options that are
feasible to keep the City reserves in cash, at the same time, make a profit
out of it, and this is the option that we are proposing here to you, that we
go out and lease equipment, and we will get the money for that equipment, and
Carlos will explain the technical details of it.
Mayor Suarez: What about a simple lease with an option to buy it, as opposed
to this complicated mechanism?
Mr. Odio: The difference is on this, that is not what we want to accomplish.
If we pay cash for equipment, the interest that we would have had in the bank,
could possibly have paid the monthly payments that we would have on a lease.
What we tried to here, is if we get the money for the lease, we put it in the
bank on investments, the interest difference between the payments and the
monies we have in the bank is favorable to the City in the amount of about
$1,700,000 in the....... Carlos, would you explain the technical background?
Mr, Carlos Garcia: As far as your particular question, Mr. Mayor, if we go
through a leasing company, the transaction normally that occurs is that... we
are talking about large numbers here, we are talking about $25,000,000... the
leasing company then in turn will go to the bank to get financing. If we go
directly to the money market, we can get 50 basis points lower in our interest
rates than if we go to a leasing company. That has been the historical trend
for the last few years in this type of transaction. Again, this is the first
time that the City does a lease purchase agreement with this. Another benefit
of this transaction is that we will have the cash in advance, and we will be
38 July 24, 1986
able to use it as needed. When you go through a leasing company, they will
just give you the equipment. We have access to cash, and then we can follow
the same purchasing procedures that we have followed, in the past, as far as
acquiring vehicles.
Mayor Suarez: Couldn't we just do that with banks directly without
underwriters, lessors...?
Mr. Garcia: Again, to do it with the underwriter and lessor, again we have
the benefit of getting a lower rate, otherwise... because the underwriters are
able to access the money markets directly, as I said, which will produce a
lower interest rate. Going through a leasing company again seems like a
simpler process, but in fact, it is not. They have to do a certain amount of
work that we are doing ourselves at this time, for which they will charge us.
Mr. Plummer: Well, but wait a minute. Let me ask a question. Who is the
company called Fiscal Funding Company Incorporated?
Mr. Garcia: Fiscal Funding Company is a company that works with the
underwriters and I believe is a subsidiary of one of theirs, and they are the
ones that the City is going to enter into an agreement, so that they can take
the tax write-off on the equipment, and lower the interest rates.
Mr. Plummer: Was that negotiated?
Mr. Garcia: That was not negotiated.
Mr. Plummer: Was there a bidding process?
Mr. Garcia: No, sir. What we negotiated was with the underwriters, on the
selection of the underwriters. We chose to go with the underwriters that gave
us the best and lowest bids in every case, they had no management fee.
Mr. Plummer: Well, that is only one portion of it. No management fee is that
they have worked on soft dollars to this point.
Mr. Garcia: Right.
Mr. Plummer: But, it does give them an edge, OK?
Mr. Garcia: Right.
Mr. Plummer: Well, it is not necessarily right, but the point that I making
is, I don't know a thing about this company called Physical Funding Company
Incorporated. Who are they? What are they?
Mayor Suarez: You know what, additionally, I am worried about the tax
implications of all of this, since we are using our tax exemption on the one
hand, and we are giving them a tax break on the other. I wonder if the I.R.S.
some day is going to pierce through the entire deal?
Mr. Plummer: My other area of concern, Mr. Mayor, is I don't find the
latitude in here, if the City doesn't want to adopt this leasing program. The
way I read this, you are locked into it, a leasing program, not necessary
with this company, but you don't give the City enough latitude, if the they
don't like the program to go into some other program, that you are bound to go
into a leasing program, regardless! And I think the City ought to provide
itself with a latitude of that is one of the options, not the only direction.
Mayor Suarez: It is for a total of $25,000,000, involving how many years of
expenditures too. It seems we are tying our hands for God knows how long,
here.
Mr. Plummer: Mr. Mayor, may I ask that this matter be deferred until the
afternoon, at such time as we can have all of the organizations come back and
give us more particulars?
Mr. Garcia: Is there any particular questions that you would like to address?
Mr. Plummer: Yes, I want to know who is Fiscal Funding, Inc.?
39
July 24, 1906
Mr. Garcia: OK, Fiscal Funding is a subsidiary of
Brixby-Branford, one of the
F
underwriters selected in this process.
Mr. Plummer: I want to know why there was not a
bidding process. I assume
they are getting paid a fee. They are surely not
doing it out of the goodness
`a'
of their heart.
Mr. Garcia: Right.
Mr. Plummer: I want to know why that wasn't bid,
or negotiated, and I want to
know why there is not, what I see, the latitude built into this document, that
if the City doesn' t want to go through a leasing
program, that they can. I
don't see that flexibility here. I am saying,
hey, give the City all the
flexibility we can, and don't lock us inl So, I would say, Mr. Mayor, that
they have the opportunity to study this over
lunch and come back this
afternoon.
Mr. Odio: We will bring it back.
Mr. Garcia: Any other questions from any other members of the City
Commission?
Mr. Dawkins: Yes, bring back what heavy equipment you are planning to
purchase.
Mr. Garcia: Yes, sir. On your item, there is a list of equipment that we are
planning to purchase, and my understanding is that the heavy equipment amounts
to about $4,800,000.
Mr. Odio: We are including garbage trucks...
Mr. Dawkins: All right now, in the garbage trucks, somewhere along the line,
there is $400,000 in the sanitation fund for heavy equipment, so if you have
got $1,300,000 here, you should... at the end of the year, I want to see
$1,700,000 spent for garbage trucks, or whatever.
Mr. Plummer: Well, you see, but there is also the problem that I have, and
that is, I don't think we should lock ourselves in with numbers. What about
if we need $2,500,000 for sanitation trucks? The way this ordinance is drawn,
making it so restrictive, I don't see the necessary!
Mayor Suarez: Yes but he is saying that aside from the mechanism shown here,
which might bind us for God knows how long, he wants to make sure that if we
are approving a particular expenditure, that it gets spent.
Mr. Plummer: I have no problem with that, but what happens, for example, if
in effect, two years from today, it is determined by this Commission that we
need $3,000.000 worth of sanitation equipment, I don't see the flexibility in
this ordinance as drafted to give us that flexibility.
Mr. Garcia: As far as increasing the purchases, it is no problem. In that
case, we will have to go through the same process again.
Mr. Plummer: Do it now. Do it now, give the City, us... hey, this is in—
house, OK? Give us the flexibility today, and don't bind us and restrict us.
That is all I am saying.
Mr. Dawkins: What we are saying to you, Mr. Manager, is we have already said
that we are going to go out and recruit sanitation and trash business. If we
are as successful as we think we are, as J. L. says, we may need $2,000,000
worth of trucks.
Mr. Odio: And we agree. But we will come back to you at the time, and get
more money. What we are saying, Commissioner, we might not even use...e lease
all this equipment that we are talking about.
Mayor Suarez: We are only approving the mechanism, is that all you are asking
us to do?
Mr. Odio: You are approving a mechanism that we...
m
July 24, 1986
A&
Mayor Suarez: But, it sounds exclusive, really.
only mechanism for purchasing equipment that...
40
It sounds like this is the
Mr. Odio: The only deviation that I am proposing to you, is that we don't pay
cash for the equipment, that it just doesn't make sense to pay cash, when we
could have that cash invested.
Mr. Plummer: No one is arguing the point.
Mayor Suarez: Maybe the flexibility would be resolved by stating that on any
particular major purchase, we would choose the mechanism, have this one
available but other ones too.
Mr. Odio: You can do that.
Mr. Plummer: No, no, you can't. My problem is...
Mayor Suarez: Commissioner Plummer is saying that we are getting locked in
there.
Mr. Plummer: You are locked in. Why lock yourself in?
Mr. Garcia: You have the flexibility of going over these numbers
Mr. Plummer: No, sir.
Mayor Suarez: No, no. On an item by item basis, on major items, we would
like to be able to use the mechanism, or not use it, if we don't want to.
Mr. Plummer: In two years from today, the leasing arrangement that you feel
is a good thing today, changes. You are locked in to 25 years to that mode of
operation. All I am saying is, it might be good, if times change, it might
not. You are locking yourself in, regardless whether times are good or bad.
Mrs. Kennedy: I think the consensus, Carlos, is give us more flexibility.
Mr. Plummer: If it is for two days, Mr. Manager, give yourself the
flexibility.
Mr. Odio: Well, let me say, if we wanted to buy equipment outside of this
one, in cash, you can do it. This doesn't restrict you from anything but to
use this money for what we are saying we are going to use it.
Mayor Suarez: Well, you give us a shopping list with the mechanism, and the
implication is, you are going to use the mechanism for the entire shopping
list, and the Commission is saying, we don't want to tie ourselves that way.
That is very simple. The other concern is really the tax aspects of this.
Now, I gather here that the monies being made here, because the company is
able to be a for -profit entity and gets some sort of a tax break. At the same
time, we are making this look like we really don't own the equipment, that we
are leasing it from the company, and I am sure we are taking advantage from
your explanation before, Carlos, of our tax exemption to be able to invest the
monies, while we are not paying for this equipment, in interest bearing
accounts and some way or another they are nontaxable, because we are a tax-
exempt entity. Sooner or later, the I.R.S. is going to come in and say, "Now,
wait a minute, do you really own this equipment, or they own it, or somebody
owns it, but you cannot be both tax exempt and taking tax advantages at the
same time." I am not saying that there is any problem with this right now
under present tax interpretation, but if that comes down, and they pierce
through all of this and say this is, you know, a bunch of gobbledegook, we
want to be able to have the option of going to a whole different mechanism. I
think what we are asking for is flexibility, basically.
Mr. Plummer: I think, Mr. Mayor, the final analysis is, we feel that this, as
proposed, is a good deal. We are trying to make it better, OK? Come back
this afternoon.
Mr. Garcia: OK, we will get back to you in the afternoon, then.
Mayor Suarez: We have a motion. Do you want to...
Mr. Plummer; It is not necessary. We are coming back this afternoon.
41 July 249 1986
Ja
Mayor Suarez: We are coming back to it, all right.
AT THIS POINT, THIS ITEM WAS DEFERRED.
17. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: "OVERTOWN JOB
TRAINING AND DEVELOPMENT PROGRAM" - ACCEPT GRANT FROM U.S. DEPARTMENT OF
LABOR.
Mayor Suarez: Item 26, Overtown Job Training and Development Program, for the
U.S. Department of Labor.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion from the Commission?
Mr. Plummer: Who is the one going to be distributing this money?
Mr. Dawkins: We have already got our Overtown - job agency over there, I
guess...
Mr. Plummer: Who is in charge of distributing this money?
Mr. Frank Castaneda: Department of Community Development will oversee, or are
you referring to who is giving us the grant? The grant is coming from State.
Mr. Plummer: Coming from the State to the C.D. ...
Mr. Castaneda: Right.
Mr. Plummer: To be disbursed to these people.
Mr. Castaneda: Right.
Mr. Plummer: Fine.
Mrs. Kennedy: It is a small program, but it is a start, since we need to find
jobs, and we need to train workers and have to work together with the private
sector, so it is a good thing, Frank.
Mayor Suarez: Moved and seconded. Any further discussion from the
Commission? Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "OVERTOWN JOB TRAINING AND
DEVELOPMENT PROGRAM" APPROPRIATING FUNDS FOR ITS
OPERATION IN THE AMOUNT OF $24,000 FROM THE UNITED
STATES DEPARTMENT OF LABOR, AND AUTHORIZING THE CITY
MANAGER TO ACCEPT THE GRANT AWARD FROM THE UNITED
STATES DEPARTMENT OF LABOR AND TO ENTER INTO THE
NECESSARY AGREEMENTS WITH THE SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM TO ACCEPT THE GRANT AND
IMPLEMENT SAID PROGRAM, CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins 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-
42 July 24 # 1906
x
AYES: Commissioner
Joe Carollo
T
Commissioner
J. L. Plummer, Jr.
Commissioner
Rosario Kennedy
F;'
Vice -Mayor Miller J. Dawkins
'-
Mayor Xavier
L. Suarez
NOES: None.
ABSENT: None.
•
' Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote-
_' AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10135.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
18. (A)INCREASE OF TRANSFER AND DISPOSAL FEE AMEND BY DADE COUNTY.
(B)EMERGENCY ORDINANCE: ASSESSING FEE AGAINST ALL COMMERCIAL
ESTABLISHMENTS TO OFFSET COST OF TRASH AND STREET CLEANING SERVICES.
Mayor Suarez: Item 27.
Mr. Plummer: I move it.
Mayor Suarez: Moved.
Mrs. Kennedy: I will second.
Mr. Plummer: Under discussion. Mr. Mayor, I will discuss it now, or I will
discuss it after this motion passes. I want to discuss the fee, that is being
the increase for the transfer fee of Metropolitan Dade County, a new
assessment.
Mr. Odio: Please, pass the motion and then we will talk about it.
Mr. Plummer: I move item 27.
Mrs. Kennedy: Second.
Mr. Carollo: I would like to discuss it now before we pass the motion.
Mr. Plummer: OK, Joe, what I am thinking...
Mayor Suarez: That is the usual order, Commissioner.
Mr. Plummer: No, no, my discussion, Joe, is not to the item as presented.
Mine is to the possibility of understanding that one of the municipalities has
in fact told Metropolitan Dade County, "Take your fee, and you know what you
Can do with it. We are going to provide the service ourselves."
Mr. Carollo: Well, that is one of the options that we are going to be
considering.
Mr. Plummer: OK, but that doesn't speak to this.
43 July 249 1986
Mr. Carollo: As you know, some of us are contemplating checking into some
trash processing plants to see if the City can go into the business by itself
again.
Mr. Plummer: Well, Mr. Manager, let me understand with you. This tremendous
fee that has been the increase in fee proposed by Dade County, is for the
transfer fee, is that correct?
Mr. Odio: Yes, sir.
Mr. Joe Ingraham: And disposal, sir.
Mr. Plummer: OK, is it broken down into two segments?
Mr. Ingraham: Yes, it is.
Mr. Plummer: I guess the question I want to ask is, should the City consider
as one municipality has already indicated they are going to do, should we
consider going back into the business of transferring ourselves, and or,
should we consider the possibility of going out with a bidding process for
private people to do it. I think Metropolitan Dade County has just said, "OK,
buddy, you are locked in. You are going to have to do what we say you are
going to have to do, and pay what we say you are going to have to pay." And
yet, we know that the private sector can operate more efficiently, which means
cheaper! So, that is the question that I want to raise.
Mr. Carollo: Yes, but what you have here goes much further than that. What
you have here is a prime example of bad management, bad planning, by County
government. They are raising these huge...
Mr. Plummer: You are referring to their norm...
Mr. Carollo: Yes.
Mr. Plummer: Oh, OK.
Mr. Carollo: Metrorail is another prime example, and I could go on and on and
onl
Mr. Plummer: God, do you realize if we could get rapid transit to transfer
the trash, they would almost break evenl
Mr. Carollo: Yes, they might at that, you know?
Mr. Odio: Well, let me... can I...?
Mr. Carollo: The point I am making, Mr. Manager, is that it was Metropolitan
Dade County government that went into the contract that they did some years
ago, with a firm that did not end up providing the service that they said they
would. The white elephant they have down there, doesn't provide anywhere near
the service, at anywhere near the cost that they stated that it would, so what
we have now is a situation where they want the Cities to subsidize Dade County
for the mistakes they have made, just like now they want the cities to
subsidize Dade County for the..* maybe as much as $90,000,000, they have a
deficit in Metrorail, and while, yes, they can't raise the millage any more,
because they really have reached the maximum, what they are doing now is going
around the back door by raising the assessment of the property values, so you
are having a huge tax increase regardless of whether the millage is going up
or not, and at the rate that Metropolitan Dade County government is going,
with Metrorail, the deficit they have, and the trash up plan and others, I
wouldn't be surprised that in the next five years, we are going to be seeing a
situation like New York had, not too many years ago with them.
Mr. Dawkins: If we go private, and Metropolitan Dade County is going to
charge a private firm just what it is charging us, and they are going to still
pass it back to us.
Mr. Plummer: No, no, not on the transfer portion.
Mr, Dawkins: Why not?
44
July 24, 1986
Mr. Plummer: On the disposal, yes, on the transfer, no.
Mr. Dawkins: OK, we can transfer our own. Well, why aren't we transferring
our own?
Mr. Plummer: Because we entered into an agreement. Listen to this one. I
will give you the real kick in the pants. We, the City of Miami, in our
benevolence, because we thought it was to our advantage, gave them a parcel,
outright grant and gift, on N.W. 20th Street to create a so-called transfer
station, no cost to the County. In turn, they indicated how much money we
could save by not transferring it. Now, that was fine, the year that that was
implemented, but every year thereafter, they have jacked the fee up and up and
up, to the point now, where it is to our detriment! It is the old story, give
us what we want, and we will thank you.
Mr. Dawkins: How can we take the land back?
Mr. Plummer: You can't.
Mrs. Dougherty: It is $1.00 a year for...
Mr. Plummer: Yes, you can take it back. You can double the fee from $1.00
a year, to $2.00.
Mr. Dawkins: OK, this fee that we are going to charge for our trash and
streets, Mr. Manager, or someone. In the event that wherever we are going to
collect this trash from, those individuals decide to come in and give us the
garbage, and let the City of Miami collect the garbage and the trash, rather
than just the trash, how would that affect the total fee? Mano, or somebody,
how would that offset your projections as to what you are looking for?
Mr. Odio: Commissioner, may I answer first, the first part of that transfer
fee. We have a plan, that I begun to work on it a long time ago, even I
before I knew about the raising costs of transfers, to transfer our own
garbage up to North Miami directly, and that plan can be in effect by October
1st, and it can save about $900,000. I did inform County Manager Pereira in a
meeting I had with him, that I refuse to pay the increases, that we have been
increased 80 percent in two years, and he said that he had to pass this on to
us and that he advise that we pass this on to the taxpayers. I told him that
I would not recommend that, and that we are still not happy and that we will
keep fighting to remove this increase.
Mr. Dawkins: Is there any way we could take the clean garbage, I mean, clean
trash, that belongs to us, and dump it and block the entrance to the transfer
station on my right-of-way in the City of Miami?
Mr. Odio: As you know, Commissioner Dawkins, we are also looking at the
possibility...
Mr. Dawkins: Wait a minute. Lucia, is it legal for me to take clean trash on
my City of Miami streets and dump it in the entrance and the exit of the
transfer station. Is that legal?
Mrs. Dougherty: I don't know.
Mayor Suarez: Off the top of your head?
Mr. Dawkins: OK, well then, Mr. Manager, since Sergio don't understand
nothing but force, and he doesn't know how to compromise, then I want you to
come back and tell me...
Mr. Carollo: Watch your words, Miller, you might have problems!
Mr. Dawkins: I want you to come back and tell me if I can take some of my
broken down garbage trucks, of stuff you know, and park them on my streets of
the City of Miami, and block off the entrance to that, OK?
Mr. Plummer: Yes, Sergio said he thought that was a good idea, but better on
N.W. 50th Street from loth Avenue to 12th Avenue. (LAUGHTER)
Mr. Dawkins: But in some kind of way..., but go ahead with your explanation.
45 July 24, 1986
7
-
t.
r?
Odio: We will go ahead, if you approve, and begin to transfer our own
�
Mr.
starting October 1st. We will have a full report for you.
Mr. Plummer: No, no, no.
Mr. Odio: What?
Mr. Plummer: Mr. Manager, I am not in favor of that, but possibly, I am.
�
Mr. Odio: Well, then I don't do it.
rr+
YOU, sir, where can we do it most
Mr. Plummer: What I am saying to y
that doing it in house is the
efficiently and at the best cost? I am not sure
most efficient...
Mr. Odio: I didn't say we were going to do it in house, Commissioner. I said
$900,000, and we could
I would present a plan to you which would save
We have two Commission meetings in September and
implement that October lst.
will present it to you then.
n you asked
increases?for our staff to
What was his response to your
Mr. Carollo: whe
audit their books to see the justification fo the
>1;
Mr. Odio: He has to comply with that. We will be auditing the books for the
have that right, they are
y;=
Metrorail, and on their solid waste operation. We
public records.
Mr. Plummer: Just for the record...
Mr. Carollo: Well, maybe we could find out what the from Metrorail is,
then.
Mr. Plummer: Just for the record, Mr. Manager, is what I was told correct,
wound up at its present
that that started out as a $36,000,000 project, and
posture of over $100,000,000 and is still not efficient?
Mr. Odio: It is not efficient, they have a problem with the wet process, and
they are going to have direct...
�h, n
Mr. Carollo: Would it be cheaper buying them all Cadillacs to haul trash.
huh?
i
Mr. Odio: From what he is telling me, they are going to have make a decision
for a bond
of the whole system, which they would have to go out
over and that is my
issue, and its more costs involved. This is not yet,
looking, as Commissioner Dawkins knows, at a process
-_
concern. We are also
where we can process our own waste, we are looking at that too.
_
Mr. Dawkins: What did he say when you told him that I wanted to lease him the
rights for the bridge?
_-
Mr. Odio: On the bridges, he said that he would not raise the offer from 5.5
us anything, because he
to 6.1, that he could build his bridge without paying
. ,"
could build it on a right-of-way that presently exists.
N.
Mr. Dawkins: Tell him I have some Viet Nam veterans who are suffering from
in demolition, that I
Agent Orange, that I would hire, who have been trained
destroy anything that he decided tofput the City of Miami
_=
-
twithin
would hire to
without our OK. That is not a threat, �
that isMr.
Odio: But, I...
-
Mrs. Kennedy: Can we use it for the library, Miller?
-
Mayor Suarez: Let the record reflect that, at this point, it is just a
-�
hypothetical idea.
Mr. Odio: We have checked with Public Works, and it would be quite difficult
have and
it without crossing our
for them to build the bridge, as they
and our so our offer still stands that we want
right - of - ways, properties,
$6,100,000 for our land. And now, I would like to answer Commissioner
Dawkins' question on what would happen to those merchants that are paying now
-
the trash fee, if they choose to have their garbage picked up.
July 24, 1986
46
Mr. Ingraham: What would happen, Commissioner Dawkins, is that we would
adjust the fee accordingly as far as tonnage is concerned, and some other
things, as far that is concerned. We will have to play business by business,
as far as that is concerned.
Mayor Saarez: Joe, suppose someone who is not now taking advantage of our
system, was using private companies and their contract with a private company
would last for "X" amount of time. They can't come into our system because
they can't get out of their existing contract.
Mr. Ingraham: That's correct. They would have to wait until their contract
is up.
Mayor Suarez: OK, now suppose they are on a month - to - month, as I spoke to
one the other day, so they can get out of theirs, will the total fee for a
typical small business - I am thinking of a little small restaurant, you know,
one of those places where you have breakfast at, it is a very small little
establishment - will they be paying a total of $310 a year for everything, if
they chose to come into our system?
Mr. Ingraham: That would be the minimal, the minimal basis of the fee, right.
Mayor Suarez: The minimum, that is based on the smallest kind of business,
and typically... well, how about the purchase of the container?... if they
don't have a container that fits our system.
Mr. Ingraham: We can provide that for them, and we have several ways that we
can do that, either directly, or through the means of vendors.
Mayor Suarez: Something they theoretically, a very small business could end
up with... even if it is a small restaurant, could end up with only $310 a
year, total?
Mr. Ingraham: Depending upon the type of service that they need, that is
correct, sir.
Mayor Suarez: That is quite competitive in the case of thisparticular f ur
business. He said he was paying $70 a month, so... a
discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE PROVIDING THAT, COMMENCING
EFFECTIVE OCTOBER 1, 1986, AN ANNUAL FEE SHALL BE
ASSESSED AGAINST ALL COMMERCIAL ESTABLISHMENTS; SAID
FEE TO OFFSET THE COST OF TRASH AND STREET CLEANING
SERVICES PROVIDED BY THE CITY; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
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 Joe Carollo*
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote-
47 July 24, 1986
•
C
AYES: Commissioner Joe Carollo*
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
*NOTE: Although absent at roll call, Commissioner Carollo later asked of the
Clerk to be shown as voting with the motion.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10136.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
19. SECOND READING ORDINANCE: AMEND 9939 - ESTABLISH NEW PROJECT,
"PRELIMINARY BOND EXPENSE"
Mayor Suarez: Item 28.
Mr. Odio: This is an accounting type item that establishes a project within
the Capital Improvement Program, to which preliminary bond expenditures can be
charged. It includes legal services, financial advisors, accountants,
printing, etc.
Mayor Suarez: We had extensive discussion on this one last time, maybe not
extensive, but we did...
Mr. Odio: This is the second reading on this.
Mayor Suarez: I will entertain a motion on item 28.
Mr. Plummer: I move.
i
Mrs. Kennedy: So moved.
Mayor Suarez: Moved and seconded. Any discussion? Hearing none, please read
the ordinance and call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 9939, ADOPTED
DECEMBER 20, 1984, AS AMENDED, THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW
PROJECT ENTITLED; "PRELIMINARY BOND EXPENSE" AND
APPROPRIATING FUNDS FOR IT'S OPERATION IN THE AMOUNT
OF $110,000 FROM GENERAL OBLIGATION BONDS - 1986
ISSUES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 10, 1986,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
= Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES; None.
ABSENT: None.
l
` 48 July 24, 1986
0
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10137.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
20. SECOND READING ORDINANCE: AMEND 9939 - ESTABLISH NEW PROJECT, "MIAMI
STADIUM ROOF REPAIRS"
Mayor Suarez: Item 29, second reading on the roof repair.
Mr. Carollo: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance and
call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9939, ADOPTED
DECEMBER 20, 1984, AS AMENDED, THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW
PROJECT ENTITLED: "MIAMI STADIUM - ROOF REPAIRS", AND
APPROPRIATING FUNDS FOR THIS PROJECT IN THE AMOUNT OF
$475,000 FROM CAPITAL IMPROVEMENT FUND - FUND BALANCE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading by title at the meeting of July 10, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Carollo, seconded by Commissioner Kennedy, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10138.
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.
21. SECOND READING ORDINANCE: AMEND 9939 ESTABLISH NEW CAPITAL IMPROVEMENT
PROJECT, - "COCONUT GROVE EXHIBITION CENTER - TELESCOPIC SEATING."
Mayor Suarez: Item 30.
Mrs. Kennedy: Move item 30.
Mr. Carollo: Moved.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance and
then call the roll.
49 July 24, 1986
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD,
BY TITLE ONLY.
Mayor Suarez: I love that term, "telescopic seating". Is that like
retractable seating? Do we need to know the bids?
Mrs. Dougherty: This is just setting up a fund.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9939, ADOPTED
DECEMBER 20, 1984, AS AMENDED, THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW
CAPITAL IMPROVEMENT PROJECT ENTITLED: "COCONUT GROVE
EXHIBITION CENTER - TELESCOPIC SEATING", APPROPRIATING
FUNDS FOR THIS PROJECT IN THE AMOUNT OF $170,000 FROM
CAPITAL IMPROVEMENT FUND - FUND EQUITY; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of July 10, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Kennedy, seconded by Commissioner Carollo, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10139.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
22. DISCUSSION AND DEFERRAL OF PROPOSED APPROPRIATION OF FUNDS TO RENOVATE
COMMISSION CHAMBERS TO ENABLE CABLECASTING OF MEETINGS.
Item 31. Oh, the old cable television funds.
Mr. Carollo: I would like to have this item deferred, if I may, please.
Mayor Suarez: So moved. I presume you want more detailed breakdown and so
on?
Mr. Carollo: That is correct.
Mayor Suarez: I totally agree. I would like to know a little bit more about
how it... have you considered... let me second the motion so we have that.
Have you considered other possible uses of this money now? What else could we
possibly use it for, assuming...
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Nothing at all? Not an educational...
Mr. Odio: It is limited by law.
Mayor Suarez:..@ program of some sort?
50 July 24, 1986
r,
a
i
�-
Ms. Pauline Winick: Programming, yes, anything
to do with programming, so it
r _
could be...
Mayor Suarez: Something in conjunction with one
of the colleges?
Ms. Winick: How to make sure that your house is
burglar—proof. Anything that
the City does, or things it could do.
Mr. Carollo: Well, why don't we use some
of that money to make some
programming with our Youth Council to warn the youth of this community against
drugs?
Ms. Winick: That would be an appropriate use
of the money. You could use
that money for that too.
Mr. Carollo: I think we should consider establishing a set of commercials
E,
that we could put on television and radio, combating, I think the biggest
-
danger this community faces, which is narcotics,
particularly to the youth.
Mayor Suarez: Pauline, if we advise the four local high schools, City of
Miami high schools, that we are interested in maybe working with them on this,
I know they would participate, and they would bring their expertise, and
existing personnel and their students and...
Ms. Winick: I agree with you.
Mayor Suarez:... as opposed to spending $300,000 to make all of this
somehow...
Ms. Winick: Well, one would have liked to have done both.
Mayor Suarez: Well, we still may.
Mr. Carollo: Some would have liked to have done both. Others might not.
Mrs. Dougherty: Mr. Mayor, would you like to consider setting it for a time
or a meeting certain, so that we don't have to publish again, or do you want
to table it indefinitely?
Mr. Carollo: We could bring it back at the first meeting in September.
Mayor Suarez: How is that? Move to defer to the first meeting in
September, which is... looks like the llth.
Mr. Plummer: Second.
Mayor Suarez: At any particular time, Commissioner?
Mr. Carollo: It doesn't matter. Maybe we could consider doing it in the
evening, so that some of the youth could come.
Mayor Suarez: 6:00 p.m.? It is a general meeting, so...
Mr. Plummer: Please, let's schedule the last item of the day earlier than
6:00 p.m.
Mayor Suarez: 5:00 p.m.?
Mr. Carollo: 5:00 p.m.
Mr. Plummer: Fine.
Mayor Suarez: So moved and seconded. Time agreed upon, call the roll.
DEFERRAL. Thereupon, on motion duly moved and
seconded, this item was deferred, for further
:information, to the September 11, 1966 meeting at
5:00 p.m., by following vote:
__ 51 July 24, 1986
it
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AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
23. SECOND READING ORDINANCE: AMENDING ORDINANCE WHICH CREATED THE YOUTH
ADVISORY COUNCIL.
Mayor Suarez: Item 32.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Council? Read the ordinance.
AN ORDINANCE ENTITLED -
Any discussion on the Youth Advisory
AN ORDINANCE AMENDING SECTIONS 1,294, AND 5 OF
ORDINANCE NO. 10086, ADOPTED MARCH 18, 1986 WHICH
CREATED THE "CITY OF MIAMI YOUTH ADVISORY COUNCIL", TO
PROVIDE THAT SUCH COUNCIL MAY BE INFORMALLY REFERRED
TO AS THE "YOUTH ADVISORY COUNCIL" OR "COUNCIL";
PROVIDING THAT COUNCIL MEMBERS AT THE TIME OF THE
APPOINTMENT BE BETWEEN THE AGES OF 16 AND 24 YEARS;
FURTHER PROVIDING THAT ALL OFFICERS BE SELECTED FROM
AMONG COUNCIL MEMBERS; CREATING A NEW OFFICE OF
TREASURER AND THE OFFICE OF SERGEANT -AT -ARMS, WHO
SHALL ALSO SERVE AS PARLIAMENTARIAN; AUTHORIZING THE
CITY COMMISSION TO APPROPRIATE FUNDS FOR COUNCIL
EXPENSES AND THAT STRICT FISCAL ACCOUNTABILITY BE
MAINTAINED AS MAY BE CONTAINED IN CITY ADMINISTRATIVE
DIRECTIVES OR POLICIES AS ESTABLISHED BY THE CITY
MANAGER OR THE FINANCE DIRECTOR; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of July 10, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10140.
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.
52
July 24, 1986
0
24. APPOINT LYDIA PRADO TO YOUTH ADVISORY COUNCIL.
Mrs. Kennedy: Mr. Mayor, while we are on this item, one of my appointments
resigned and I would like to nominate Lydia Prado to serve on this board.
Mayor Suarez: It is so nominated.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded, the nomination. Call the roll on the
nomination.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-618
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE AS A
MEMBER OF THE CITY OF MIAMI YOUTH ADVISORY COUNCIL FOR A
TERM EXPIRING MAY 7, 1988 OR UNTIL HER SUCCESS HAS BEEN
QUALIFIED AND TAKES 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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
25. A) APPROPRIATE FUNDS FOR CAPITAL IMPROVEMENTS TO CITY PARKS - DESIGNATE
FUNDING SOURCES. B) DISCUSSION ON BAYFRONT PARK.
Mayor Suarez: Commissioner Kennedy would like to take up item, so long as we
have some members of that voluntary committee present, item 56, Bayfront Park.
Sergio, thank you, sir.
Mrs. Kennedy: Mr. Mayor and fellow colleagues, I believe you have in front of
you a proposed resolution which the Bayfront Park Committee believes meets all
the questions raised by this board. Specifically, we have made great efforts
to meet the just demands of Commissioner Dawkins for inner-city parks. The
resolution would match dollar for dollar our investment in Bayfront Park and
our investment in the inner-city parks. If we approve this resolution today,
we will be able to proudly say that Bayside has already begun to pay dividends
to the City. It will permit us to finish what we hope will be the most
beautiful park in America, and it will permit us to fix up the neighborhoods,
which so badly needed. I believe our action here today is one that we will
all be justifiably proud of. I had Kitty Rodel to come, and Howard Gary to
make a presentation or answer any questions that you have.
Mr. Plummer: My first question on this proposal, I failed to find the time
table that was requested by Commissioner Dawkins, that the dollars be spent
simultaneous - for every dollar you spend in the park, you, at the same time,
have to spend in the inner-city parks. That is not contained in this
document.
53 July 24, 1986
A
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Mr. Howard Gary: If I may respond. My name is Howard Gary.
Mr. Dawkins: Are you the chairperson?
Mr. Gary: I am speaking for the board.
Mr. Dawkins: I mean, are you the chairperson?
Mr. Gary: No.
Mr. Dawkins: Is the chairperson here?
Mr. Gary: Yes.
Mr. Dawkins: I asked was he the chairperson. I just wanted to know why he
was speaking.
Mrs. Kennedy: What do you think he's been doing all this month?
Mr. Plummer: Are you a lobbyist?
Mr. Gary: No, I am not. I am an unpaid volunteer.
Mr. Plummer: Hal
Mr. Gary: I am Commissioner Dawkins' appointee.
Mayor Suarez: On this particular item.
Mr. Gary: Speaking on behalf of the committee, my name is Howard Gary, 3050
Biscayne Boulevard, Suite 603, Miami, Florida, as an unpaid volunteer on this
committee. We took into consideration the concerns expressed by Commissioner
Dawkins and the remainder of the City Commission with regard to the fact that
even though Bayfront Park...
Mr. Dawkins: No wayl I move that this go back... I don't know who brought it
up... you don't say nothing about my inner-city parks.
Mrs. Kennedy: Commissioner Dawkins...
Mr. Dawkins: They say you are going to take $7,800,000 of this amount will be
allocated for the park, Bayfront Park Development and (UNINTELLIGIBLE PORTION)
will be allocated for neighborhood parks. OK, where is the $15,000,000 coming
from?
Mr. Gary: This resolution provides $7,800,000 for inner-city...
Mr. Dawkins: Where is the $15,000,000 coming from?
Mr. Gary: The $15,000,000 will be coming from $6,100,000 from the port funds
from Dade County.
Mr. Plummer: Whoa, whoal, you see.....
Mr. Dawkins: We haven't decided that we are going to accept thatl
Mr. Plummer: first of all, that is not anticipated at that number.
Let's go back to the agreement the City has with the County, of the two
appraisals to be split, we are holding out for $6,100,000. I don't think for
the life of me that, that's the number we are going to come in at.
Mr. Gary: Learning from my City Manager days, we took the authority from the
City Commission, where the City Commission told the City Manager...
Mr. Dawkins: That's why you are not herel
Mr. Plummer: Ha, ha, hat
Mr. Gary: That is true.
Mrs. Kennedy: The City Manager informed me that...
54
July 249 1986
Mr. Gary: I lost some weight and I had headaches)
Mrs. Kennedy:... he could get $6,100,000.
Mr. Plummer: Did he guarantee that, because we are going to ask him to pay
the difference out of his pocket.
Mr. Odio: No. The County is refusing to pay that.
Mr. Plummer: That's rightl
Mr. Odio: At this point, we...
Mr. Carollo: They are refusing to pay the $6,100,000?
Mr. Odio: They are offering $5,500,000, and he will not move one penny from
that.
Mr. Plummer: Mr. Gary, you arose to come to the microphone to answer my
question. I have heard you speak all around, but not giving me the answer. I
do not find in this document the provision that for every dollar spent in the
park called Bayfront, that a simultaneous dollar is going to be spent in the
inner-city. That was one of the requirements of Commissioner Dawkins.
Mr. Gary: If I may respond.
Mr. Plummer: I've asked you to for the last 15 minutes.
Mr. Gary: You know I don't work for you any more.
Mr. Plummer: You might not work in the City any morel (LAUGHTER)
Mr. Gary: Welcome to Liberty City.
Mr. Plummer: Mr. Rouse, you heard that, right, Mr. Rouse?
Mayor Suarez: I've got one proposal on the issue, the $5,600,000 vs. the
$6,100.000, and I am going to make it a second, but we have got a pending
question.
Mr. Gary: I would first say that this resolution provides $7,800,000 for
Bayfront; $7,800,000, for neighborhood parks...
Mr. Plummer: I understand that completely.
Mr. Gary: Hear me out, let me finish. I would proffer that there should be
another whereas, right under the neighborhood parks, and after Bayfront Park,
that says that, "whereas all funds received, for every dollar that is
received, one dollar will go for Bayfront Park and it would be spent
simultaneously.
Mr. Dawkins: I am going to do better than that, Mr. Gary. I suggest that we
put another whereas, and that whereas says, "whereas no money will be spent in
Bayfront Park until all of the $7.800,000 has been spent in the inner—city
parks....."
Mr. Gary: If I might, I would have no problem with that recommendation, with
one exception...
Mr. Dawkins: I don't have no problem with you, I am trying to get my
Commission to see it. Now, you don't vote up here. I don't care how you feel
about it.
Mayor Suarez: OK, I've got two proposals. Howard. Let me see if I can deal
with this, otherwise we are going to be arguing about this forever.
Commissioner Kennedy, would you accept a modification of your proposed
resolution on the last paragraph of the first page? That would add. "after
neighborhood park improvements"... the wording:" to be spend simultaneously
with the monies advanced for Bayfront Park improvements", and on the second
page, where you make reference to $6,100,000 available from the proceeds of
the land sale for the new port bridge, say "up to $6,100,000."
55 July 24, 1986
Mr. Dawkins: Before we get.... go right ahead, Joe.
Mr. Carollo: If I may, gentlemen, we might as well find out where the
majority of those stand on this.
Mr. Dawkins: That is right.
Mr. Carollo: I am going to make a motion to approve the resolution.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Would you accept the modifications that I
just proposed?
Mrs. Kennedy: Not at this point, sir.
Mr. Dawkins: I am going to tell you how I feel. I am going to be voting
against the motion, and I get tired of sitting up here and everybody runs
through everything downtown and inner-city parks and whatever, they don't get
it. The only way I will vote for this, is that you add another "whereas",
which because we are still working in the park at this time, and you spend the
$7,800,000 in the inner-city parks, and then you spend the $7,800,000 in the
other park, and the reason I say that, my fellow Commissioners is, if you
start spending from this money, on this Bayfront Park, you are going to run
short on the inner-city parks, because they always get shortchanged and,
therefore, I will be voting against the motion.
Mayor Suarez: Commissioner Kennedy, would you accept just the second of the
modifications?
Mr. Dawkins: She said "no".
Mrs. Kennedy: I'll tell you, Mr. Mayor......
Mayor Suarez: Which is the one that says "up to $6,100,000," just in case we
don't get the $6,100,000, it doesn't invalidate the whole process.
Mrs. Kennedy: Yes, I accept, and in fact, if it is feasible, and I would have
to check with the City Administration to spend it simultaneously, it is fine
with me. I just want to have the logistics of the project, and not accept
something without knowing if it can be done or not. If you want to start with
the second part after the $6.100,000, yes, I accept that. And I would like to
ask John if that is feasible.
Mayor Suarez: Actually, it was Commissioner Carollo's motion, so would you
accept that, just in case we don't get...
Mr. Carollo: That part of it, yes.
Mrs. Kennedy: OK.
Mr. Carollo: That gives some leeway in negotiating with the County, but...
Mrs. Kennedy: Right.
Mayor Suarez: So, you are accepting it as the seconder of the motion?
Mrs. Kennedy: I accept it as the seconder.
Mayor Suarez: There is a motion now on...
Mr. Plummer: I've got to tell you something. Bayfront Park is rapidly
becoming one of the biggest boondoggles this City has ever entered into. We
are building in unbelievable future costs to this community, and I want to
tell you that unfortunately, it is this person's opinion that we are doing it
at the expense of the rest of the people of this community. I don't know how
I could justify voting for this motion as it is proposed and stand the test of
standing in Roberto Clemente Park, with the shambles and the disgrace that
that park is in, and say to those people, "We are not going to give you a dime
because all the money is going downtown. I question when we look at the fact,
and I guess it is Commissioner Dawkins and Thelma Gibson who so well remember
the issue that was proposed by Bill Beggs of the ghetto to the bay, and that
56
July 24, 1986
r
r
is the only way the issue passed, that in fact, if you didn't include the
ghetto, the bay portion would never have passed the electorate, and I want you
'+ to look what has happened to the detriment of the ghetto. All of the money
'i
that was spent never went to improve that particular area. I am just trying
to lock into this issue, that we treat people in what I consider... and this
is not speaking against my colleagues, I respect their right, I think that you
have got to handle this thing fairly, and we are contemplating, at this point,
spending $30,000,000 for a park, because that is where your final analysis is
going to be, and yet we are not making a ten cent commitment to the people who
pay the tab for those taxes, f=oradtvaloremassuredtaxes,let'sbutnthisimoneysifvnot
Yes, this money is not coming m
going to the park, could have gone to General Fund to reduce ad valorem taxes.
So in effect, what it is, is slight of hand, and I have no objections to that,
if in fact, distribution of the money is going out equally. I just hope that
there was some way this morning that we could say to the people of the rest of
this City, we are going to make the improvements to Bayfront Park, because we
think that they are necessary. It is the showcase of our downtown, but we
want you to know we are not going to do it to your detriment, because every
dollar we spend there, we are going to spend in your neighborhood park, which
today is in shambles. Unfortunately, this ordinance does not provide that
test to the community.
Mr. Dawkins: I would like to add to that. I would like for the media to go
back and look at the parks for people bond issue that was passed, and what it
was supposed to do, and see how many of those dollars were spent in the inner-
city parks. A score board was supposed to be put in Manor Park, which is not
Hadley Park. It was never put there. Other improvements, bond issues, and
everything, they get passed, and these areas do not receive the full benefit,
but there again, this is a democratic process, and I will be voting against
the motion and we will go with the majority. May I ask a question? I noticed
here a letter from the City... Rosario, it is from you to Mr. Pantin...
Mrs. Kennedy: Yes.
Mr. Plummer: I notice a letter here to others. Is this, in a round about way
the indication that the committee has said that they will not entertain a
private promoter?
Mrs. Kennedy: That is correct, and only because, and this is not the concept
that we wanted, nor that we understood from our first meeting, that they would
have. They would like much more concessions, and thereby lose the whole idea
that it would be a public park for the people to use. It would be a money
making park for a private developer, and this is not the intention that the
committee originally decided.
Mr. Plummer: Will the committee be willing to underwrite the deficit and
subsidy that is going to be required to maintain this park in the future?
Where is the subsidy coming - there is no question in anybody's mind, that it
is going to require subsidy. Where is that money coming from?
Mrs. Kennedy: Alan, would you like to comment and give your presentation as
you did the last time.
Mr. Alan Weisberg: Alan Weisberg, 1401 Brickell Avenue. The group that we
have been speaking to, PACE, while it does not appear that they will be
building the amphitheater, there is a real possibility that they may end up...
that the ultimate not for profit organization may contract with them to manage
it and to program it.
Mr. Plummer: Well, God forbid!
Mr. Weisberg: With guarantees as to amounts of money......
Mr. Plummer: OK, but what you are saying is now you have no definite and
concrete plans for the subsidy as it presently is proposed. OK, and what have
you projected that subsidy to be annually?
Mr. Weisberg: Well, the projections we came up with based upon ticket sales,
etc. that we presented in the initial package, as I recall...
Mr. Plummer: Well,
at this particular
which is free.
wait a minute, you are not even talking about ticket sales
point, because you are only talking about community access,
57 July Z49 1986
J
Mr. Weisberg: No, we are anticipating a number of days during the year that
will be for profit.
Mr. Plummer: Without the ticket sales, give me what you projected as a
subsidy. That is realistic.
Mayor Suarez: What is the operational expense, is what he is asking you.
Mr. Plummer: What is "0" and "M"?
Mrs. Kennedy: Kitty Rodel, why don't you come up to...?
Mr. Weisberg: $500,000 were for the expenses. We anticipated from ticket
sales, and percentage of gross if we contracted with a promoter, that,
approximately 75 percent...
Mr. Plummer: Wait minute. Who is we? You are saying "we", because this is
not the committee that is going to be the...
Mr. Weisberg: Whoever, the City, the City, we are the City.
Mrs. Kennedy: The City, John Gilchrist worked with the figures.
Mr. Weisberg: That we could get up to 75 percent of our expenses, just from
the one income source, from the amphitheater. Now, in addition, there are
various other potential revenue sources that we did not even anticipate in
those computations.
Mr. Plummer: Did the committee at any time look at what happens when the City
operates and tries to be a promoter? Did you look into the history of that?
Mr. Weisberg: Well, we have, and at least it was my opinion, that is why we
want the contract with a professional company.
Mr. Plummer: Yes, because if you really wanted to fail, give it to the City,
because the City has no promotional, in — house capabilities.
Mr. Weisberg: I'm glad you said it.
Mr. Plummer: Oh, I will say itl
Mr. Weisberg: OK, we are in agreement in that regard. Commissioner.
Mr. Carollo: I'd like to make a change in the wording of this resolution, to
make sure that if there is a slight change in the amounts, that we won't be
bound by that, and where the two areas where we said, "Whereas $7.500,000 of
this amount will be allocated for...," "I would like to change it to say.
"$7,500,000, or half of this amount......
Mayor Suarez: Of the total amount?
Mr. Carollo: Yes, or half the total amount.
Mayor Suarez: In each of those two paragraphs referring to the two...?
Mr. Carollo: Exactly.
Mayor Suarez: So modified. Commissioner, do you accept the modifications?
And you second?
Mrs. Kennedy: Absolutely.
Mr. Carollo: Now, I think that all of us here are in agreement, are really
saying the same thing. The difference is that some want to guarantee in
spending the monies at the same time, and I think that might be hard to
accomplish. I think that we are showing in this resolution that we are going
to spend an equal amount in both places, but we have to finish downtown. It
is the showcase that we started building, it is the heart of the City. We
have to finish that park. We spent a tremendous amount of money there
already, and the City parks, I understand, I feel the same way that my
58 July 24, 1986
0 0
colleagues do, but let's finish Bayfront Park now, and at the same time that
we are finishing Bayfront Park, let's start placing funds into the City parks.
We are guaranteeing that the funds are going to go to the City Parks here, we
are just not guaranteeing that it is all going to be spent exactly at the same
time, and I think that most people could understand the logic behind that.
Mr. Weisberg: That was the point I wanted to make that this does provide for
$7,500,000 to $7,800,000 for neighborhood parks. It is not as though they are
being ignored at all. It is just... I wasn't sure that was...
Mrs. Kennedy: And that is why we went from $3,000,000 to this amount, to
$15,500,000.
Mayor Suarez: OK, I will just very quickly add that as long as Commissioner
Plummer brought up Roberto Clemente Park, I would hope that when we start
spending the money for the neighborhood parks, that we would take into
consideration beginning with that particular park, which really is in
incredible need of improvement. Call the roll, please.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-619
A RESOLUTION IDENTIFYING AND DESIGNATING THE FOLLOWING
SOURCES OF FUNDING FOR CAPITAL IMPROVEMENTS TO CITY
PARKS: REVENUE BONDS, UTILIZING REVENUES GENERATED
FROM THE BAYSIDE SPECIALTY CENTER AND PARKING GARAGE;
PROCEEDS OF THE DADE COUNTY SEAPORT LAND EXCHANGE
SETTLEMENT; INTEREST EARNED ON THE CITY'S 22 MILLION
GENERAL OBLIGATION BOND ISSUE, AND UP TO 6.1 MILLION
AVAILABLE FROM THE PROCEEDS OF THE LAND SALE FOR THE
NEW PORT BRIDGE; FURTHER DIRECTING THE CITY MANAGER TO
FORTHWITH TAKE ALL NECESSARY STEPS AND APPROPRIATE
ACTIONS FOR THE IMMEDIATE APPROPRIATION OF FUNDS AS
INDICATED HEREIN; AND DIRECTING THAT AN EQUAL AMOUNT
COLLECTED FOR BAYFRONT PARK BE ALLOCATED TO RENOVATE
NEIGHBORHOOD PARKS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: I have to vote "no" because of the way it is presented. I am
all in favor of the park and spending the money. I still feel that it is only
right that the dollars should be spent at the same time. That is the only
negative part of my vote.
Mr. Dawkins: I am voting "no" and I think it is hypocritical to sit up here
and say you are going to start at Clemente Park, when you know good and well
every park out there is almost as bad as Clemente. You need to start at all
of them the same way. I vote "no".
59 July 24. 1986
26. ALLOCATE $30,000 IN SUPPORT OF METRO MIAMI ACTION PLAN.
Mayor Suarez: Agenda item 47.
Mr. Odio: Mr. Mayor, and Commissioners, the City's current contribution to
M.M.A.P. program is $250,912, which represents the salaries and fringe
benefits of the seven employees that we have working there. All seven
employees are currently funded from the administrative budget of Community
Development Block Grants. Since C.D.B.G. was reduced for fiscal year 1986 and
1987 by 15 percent, no C.D. funds will be available for staffing of M.M.A.P.
for next year's budget, and, therefore, I am asking directions on whether this
effort should be funded from the City's general fund.
Mayor Suarez: Next year, when, fiscal year?
Mr. Odio: October 1st.
Mayor Suarez: Same as ours?
Mr. Plummer: What is your recommendation?
Mrs. Kennedy: What is your recommendation?
Mr. Odio: My recommendation is that $250,000, could be... we can control it
directly and put it...
Mr. Dawkins: Well, your recommendation is not to fund.
Mr. Odio: Yes, that's what I was going to say.
Mrs. Kennedy: Mr. Manager, what do we get for our money? What does the City
get?
Dr. Larry David Capp: I'd like to respond to that question, if I may,
Commissioner.
Mrs. Kennedy: Sure.
Mayor Suarez: OK, go ahead.
Dr. Capp: Larry David Capp, Executive Director of Metro -Miami Action Plan, 19
West Flagler. Metro -Miami Action Plan was a unique program. That was
developed in response to some very, very serious problems in this community,
that have to do with disparity that exists between the Black community and
other communities here in Miami and Dade County. It is a very innovative
program. We have developed a major action plan that is very much action
oriented. I have prepared a package of information that has been distributed
to you, delivered to you this morning. I don't think you have had a chance to
review it. I can review it briefly at this point. We have programs that are
involved in housing, economic development. We developed the Entrepreneurial
Institute, which won a major national award in training Blacks and other
minorities into how to start businesses and how to be successful. We were
successful in developing a program of inter -cultural awareness for police
training, which we paid for, which the City of Miami police officers
participated in, which has resulted in an improvement in relationships between
the police of this community and our teenagers in the Black community as well
as other residents. We have other programs with respect to housing. We were
very instrumental in working with Senator Meek in the housing surtax program,
which is bringing more affordable housing to the residents of the City of
Miami. The staff that we have on loan from the City has been with us since
February. We have an organizational chart in the packet that I have prepared
for you. They are a very crucial part of what we are trying to do with Metro -
Miami Action Plan. We are involved in the school system, we drop out
prevention programs. We have an early intervention program and other school
support programs. This year alone, we won seven national awards for the
programs and innovations that we have brought to Miami. The contributions
from the City of Miami are really critical to our success. I'd like to yield
briefly, if I may, to Mrs. Gibson, who is a member of our executive board, who
has been involved with these issues from the very beginning.
60 July 24, 1986
Mr. Plummer: Question. How much does Metropolitan Dade County contribute?
Dr. Capp: Metropolitan Dade County contributes a total of $2,400,000.
$2,000,000 is directed....is a project budget that is used to implement
recommended actions through various private and public agencies. $400,000 is
for the cost of 8 Dade County employees, and the office overhead, which the
County pays for all of the office expenses for the entire staff.
Mr. Plummer: Excuse me, and also, how much do other municipalities
contribute?
Dr. Capp: At this point, they contribute only in terms of voluntary
participation on our executive board, and encouragement of participation at
the conference.
Mr. Plummer: Is not the problem you are addressing county - wide?
Dr. Capp: Yes, Commissioner, the problem...
Mr. Plummer: Why are we...?
Dr. Capp:... is county - wide, however, it is certainly concentrated within
the limits of the City of Miami, to a large extent.
Mr. Plummer: Well, why are we the only municipality that is being asked to
pick up the tab? It would seem like to me, that it is a county wide problem,
that all of the municipalities of this county should be either asked, or
forced to participate.
Dr. Capp: They have been approached, Commissioner, through the Dade League of
Cities, to participate, and we have had others to come and participate in our
meetings. Historically, from the very beginning, Metro -Miami Action Plan has
largely been the result of cooperative efforts between the Mayors of Miami and
Dade County in providing the initial impetus for this project.
Mr. Dawkins: Dr. Capp, what recommendations... Mayor Stierheim created a
Commission to study and come up with this plan, is that right?
Dr. Capp: Yes, sir.
Mr. Dawkins: What did the staff recommend that the County fund this program
at?
Dr. Capp: I was not involved in the initial start-up of the program,
Commissioner.
Mr. Dawkins: Is there anyone in here who can remember? Charlie, do you
remember what it was?
Dr. Capp: Charlie Johnson is a member of our board of directors, as well.
Mr. Charlie Johnson: Commissioner, I am not certain, but I think it was about
$3,200,000. I believe.
Mr. Dawkins: $3,200,000, all right. And Mayor Stierheim, in his wisdom, cut
it to what? What did he... now, I want you to understand what I am saying,
now. Mayor Stierheim created a committee to go out and come back and tell him
what it was required to do this job.
Mr. Johnson: Well, Commissioner, may I have just a minute? If we are going
to discuss it in that vein, perhaps we ought to look back at how it was
formed, and, I can enlighten you on that because there was not a committee
Mr. Dawkins: No, no, the only thing I need you to enlighten me on is money,
OK? I live at the same place you live. I have been through the same thing
you have been, and I noted, in my personal opinion, sir, the H.A.P.P. program
is nothing but warmed over Model Cities program, and this isn't the first time
I have said that, is it, OK?... and my position will not change, so you can't
enlighten me, because we know this, so all I need to know is...
Mr. Johnson: No, no, I meant in regard to how it was formed.
61
July 24, 1986
Mr. Dawkins:... how much money did the committee tell Stierheim he needed to
do this program?
Mr. Johnson: Sir, I can't answer that. I don't know.
Mr. Dawkins: OK, $3,200,000, and he gave less than S1,000,000, so if
Stierheim did not feel that... if Stierheim was not committed enough to commit
the total number of dollars that his staff recommended, you started out behind
the eight ball!
Dr. Capp: But there has been an increase over the years, Commissioner. The
current County allocation right now is about $2,400,000, so we are much closer
to...
Mr. Dawkins: But, had they started out with what we asked them too, we might
not even need anything now. It is a possibility.
Dr. Capp: Well, it was envisioned to be...
Mr. Dawkins: It is a possibility, right?
Dr. Capp: It is a possibility, Commissioner, but it is a long term program.
Mr. Plummer: How many members on the board of directors?
Dr. Capp: The executive board has approximately 60 members, Commissioner.
Mr. Plummer:
Sixty?
Dr. Capp: Yes.
Mr. Plummer:
How many were
appointed by this Commission?
Dr. Capp: I
am not sure, Commissioner.
Mr. Plummer:
Well, let me
give you the answer. It is zero. Who appoints the
board?
Dr. Capp:
The executive
board members are invited by current members to
participate.
Mr. Plummer:
Who appoints
them?
Dr. Capp: The executive board votes and the majority vote results in an
invitation to someone, for someone to join the board. Mayor Suarez was
recently extended that invitation, and accepted, as well as the City Manager.
Mr. Dawkins: Well, Dr. Capp, and in respect to Mrs. Gibson and everybody
else, this is one vote that is going to go along with the Manager's
recommendation, and I will be voting to uphold the Manager's recommendation
that we do not provide any money for M.A.A.P. because we have other things
that we have to do with the City tax dollars. That is my personal opinion.
Mr. Plummer: Well, let me... I am in the same vein, but I think we need to
put this on an incentive. I would make, hopefully, and vote for a motion that
says that the City of Miami, in a percentage, participate in matching funds
from all other municipalities. I think that is fair. I think this is a
county wide program, and I think...
Dr. Capp: And the County.... the County has taken the leadership,
Commissioner.
Mr. Plummer: That is fine.
Mrs. Kennedy: Has the County given any money? The County?
Mr, Plummer: Oh, yes,
Dr. Capp: Has the County? Yes, the County funds are $2,400,000.
62 July 24, 1986
7
a
Mr. Plummer: Yes, but I
think Coral Gables has an obligation.
I think Miami
.
Shores has an obligation.
g
nY
Mr. Dawkins: Hialeah has
an obligation.
.
Dr. Capp: That is true,
Commissioner, but I think in terms of
the problems
concentrated in the Black
community, certainly the City of Miami
has to assume
a leadership role.
Mr. Dawkins: Hold it,
hold. Are you saying the only place
that we got
problems is in the Black
community, is that what you are saying?
Dr. Capp: No, Commissioner,
that is not what I am saying.
Mr. Dawkins: Well, that is what you are implying, that the only damn place we
got problems and need help is in the Black community.
Mrs. Kennedy: Or that the only Black community is in the City of Miami.
Mr. Carollo: If I may make a statement, if I may, to clarify some of what you
are saying. Yes, we have the bulk of the Blacks that live in this County,
k
live inside of the City limits. If not the bulk, a great percentage of the
Blacks live in the City of Miami. The bottom line is, those other cites that
Y
have a few Blacks living in it, like Coral Gables, Miami Beach, are also in
the same boat, because what happens in Liberty City, Overtown, affects this
whole City, affects this whole County. We are not independent from each
H�
other. So, what happens tomorrow in this City is going to affect them, and
what happens in their City will affect us, but even more so, what happens in
�..,
Miami will affect them. And just because the might have very few Blacks that
j Y g Y
live in their cities, that doesn't mean they can wash their hands of what
happens in Liberty City or Overtown, and they have just as much of an
interest, and as much at stake involved as we do.
Dr. Capp: I agree with you, Commissioner, and we certainly... I think this is
why the County has taken the lead in this effort, and throughout the very
y`...
beginning, from the very beginning we have been trying to bring in the other
°-
municipalities, and with the City of Miami being a role model in this regard,
'
we were planning and we have reached out to all of the other municipalities in
t
Dade County.
a
Mr. Plummer: But, you see, as long as the City of Miami says yes, they don't
me x R
have to give anything.
Mr. Carollo: Outside of the County, who else has given any money?
Dr. Capp: Well, the City of Miami has, and various private sources through the
Chambers...
Mr. Carollo: I am saying about governmental entities.
Dr. Capp: No other governmental entities.
Mr. Carollo: How much money do you need right now?
Dr. Capp: Basically, Commissioner, we are trying to maintain what we have in
terms of staffing. The staffing provided by the City at this point is
approximately half of our office staff.
Mr. Carollo: What I am saying is, the bottom line in dollars that you need.
Dr. Capp: We need $250,000 to maintain the current staff arrangement.
Mr. Carollo: I would find it very hard to believe that between the different
municipalities, we can't raise $250,000.
Mr. Plummer: Well, can I proffer a motion? I would like to proffer a motion.
Dr. Capp: Could Mrs. Gibson speak?
Mayor Suarez: Would you like to hear briefly from Mrs. Gibson? At the risk
of losing momentum, if there this momentum here... I am not sure there is, go
ahead, please.
63 July 24, 1986
Mrs. Thelma Gibson: I am Thelma Gibson at 3661 Franklin Avenue, and I have
been on the board of M.M.A.P. since its inception, and I think that it is
important that you understand that it was because of the disparity among the
minorities in this community, that M.M.A.P. came about, and I think that all
of us realize that Count did not fund the M.M.A.P. program, and I have always
Y
said that we get enough funds for failure, we are set up for failure always
when it comes down to minorities. And I stand here this morning, only because
I had promised not to come before this Commission for this kind of thing any
more, because I really don't like to have to do this, but I came this morning
because I realized that when Merritt Stierheim came up with the idea, and then
"T
they formed that other council, I said it then, and I say it now, that as soon
Y�.
as somebody else comes on board, and they are going to have trouble, they call
another council to take care of them, and that is to take care of the people
who have, and the have nots will always have not, because nobody is concerned
about the have nots, and in this community, I have seen MMAP do some things
that have been very important to this community, through the Mental Health
Association, through the Criminal Justice Association, we have done some
really important things to help with the disparities in this community.
Mr. Plummer: Thelma, no one is not... no one that I know of is sitting here
saying that the good provided is not good. What we are saying is, that the
obligation is county wide, all right?... and the motion that I want to make
basically says the City of Miami will pick up its fair share, as long as the
others match their fair share. Now, you know, what really...
Mrs. Gibson: But, if you say that, Commissioner, then, if you don't refund us
right now, we won't be in business, if we can't keep at least five of the...
Mr. Plummer: Oh no, you will still be in business, but on a different level,
a different scale.
Mrs. Gibson: But, then we are right back where we were.
Mr. Plummer: Well, but you see, where the County said it was $3,200,000, they
actually in effect, gave $700,000.
»?,
Mrs. Gibson: OK, it went through that year doing nothing, but as they began,
as we got staff from the City, and we were able to do some things, implement
some things, we saw some different things happening in our community. All I
am saying is, if we can keep... if you don't give us seven, give us five. We
don't mind taking a cut, and then give us a chance to ask the other
municipalities to do something for us, and I would ask this Commission to work
-
only on the idea that we would take the cut, but not to completely not fund
-
it.
Mrs. Kennedy: Why don't we do that, and give them part of it and let them go
up to the other cities.
Mr. Odio: J. L., I will give them the staff support from Community
Development, which have been assigned there, so they can keep going, but...
Mayor Suarez: Let me tell you...
Mr. Plummer: OK, the Manager is willing to... put it on the record. That is
a fine compromise.
Mr. Odio: I cannot recommend that we keep seven employees full time over
there. We just don't have the resources to do that, we have other programs we
have to... I can give you staff support from Community Development our staff
from Community Development that will stay there after we finish cutting the
payroll, and to give you support for any specific task you might need at the
time, but not full time, not sitting over there in your office.
Mr. Plummer: That is fine. I think that is fair.
Dr. Capp: We need the full time staff, Commissioner.
Mr. Plummer: For what? If they are going to do the work for you, why do you
need a person behind a desk?
Mr. Odio: If you want to see bodies behind desks, you won't get that from me.
64
July 249 1984
75E
e
Mr. Plummer: How many staff do you have presently, total?
Dr. Capp: Fifteen.
F
Mr. Plummer: Fifteen. Who pays your salary?
Dr. Capp: Dade County.
Mr. Plummer: And how much do you make?
...
Mr. Odio: It is public record.
Mr. Plummer: It is public record.
Dr. Capp: I don't understand why that is relevant, Commissioner?
Mr. Plummer: It is very relevant to the total overall budget. What do you
make?
Dr. Capp: It is about $45,000.
Mr. Plummer: $45,000, plus perks.
,
Dr. Capp: Yes.
Mayor Suarez: Let me make a statement. Now, I've have had a very low opinion
-
of the whole concept of M.M.A.P. when it was conceived by certain County
officials, and still haven't made up my mind, but when we first met with you,
.:,.
Dr. Capp, and I think the City Manager was at that first meeting, we said,
"Let's see from my perspective there is one vote on this Commission, and from
his perspective," I think he agreed me with me at the time. Let's see, for
the ensuing 12 months, to what extent M.M.A.P. is productive, and I would be
prepared, because I am not really sure -I've come to one of your meetings, and
I did accede to being on the board, and I did come to the meeting, I think
some productive things were done there. I am not sure that S250,000 worth of
productivity from our perspective, and the City Manager was present. I think
we have only attended one of your board meetings, unless, I am mistaken,
=
unless the City Manager has attended.
....
Dr. Capp: That's true and we have only had the staff for six months, so it is
--
not $250,000. It is about half of that.
Mayor Suarez: Well, that is what I was going to propose. I am not sure it is
going to fly, but I was going to propose $125,000, with the idea that you
_-
would get another six months in which time we would get to see the performance
of M.M.A.Pe in relation to programs that the City of Miami has. As you know,
— -
I have been suggesting with memos and with phone calls that you get involved
in concrete programs, and I have four in mind and I think you could be helpful
_—
and I frankly have not seen any great amount of involvement from M.M.A.P. in
these. One, is Overtown/Park West, where we desperately need people who will
steer that project in the direction that will benefit the community. The
_
other one is our very elusive Jobs Programs, the O.F.T.C., and P.I.C.,
-
programs that just don't seem to really create the kinds of employment
opportunities that they are supposed to be. Three, is all of our housing
programs. We have applicants out there who are now requesting $50,000, and in
some cases, $25,000, $75,000, for administrative help in requesting grants,
and it would be logical from my perspective for them to come straight to
M.M.A.P., and say "help us to present our grant request, help us to do our
administration until we get, you know, the Federal grants are available in
many cases." And these would be three areas that from my perspective, if I
saw improvement over the next six months, assuming that it passes, I would be
willing to vote to give you half of the funding, in other words, another six
_ —
months, at which time I would be prepared, unless there was some great
progress made in these areas, to just end your funding all together, which may
- -
be the consensus of the Commission to do right now, but that would be my
- —
proposal, and I am making it in the form of a motion to give you $125,000. or
roughly half the funding you have requested.
=
Mr. Dawkins: We have a motion on the floor to award M.M.A.P. $125,000...
65 July 249 1986
W W,
f
�w
Mr. Plummer: That motion, as I understand it, does not contain any provision
of matching funds from other municipalities.
Mr. Dawkins: No, it doesn't.
Mayor Suarez: No, I guess it would be... another way of phrasing it would be
to hold it out as a potential for matching grants from the other
municipalities, but I have not phrased it that way. I've phrased it as an
outright allocation of resources.
Mrs. Gibson: Before you get into your discussion, may I just say that
perhaps...
Mr. Dawkins: We have got a motion. Let me see if I get a second, please,
Ma'am, as it may be dead.
Mr. Carollo: Going once, going twice...
Mrs. Kennedy: Second.
Mr. Dawkins: Rosario seconded it. Go right ahead, Ma'am.
Mrs. Gibson: I just want to say that with the new input from the new Manager
and the Mayor, and any other members that might come aboard at that time,
because we have a board meeting in the morning at 7:45 A.M. in the Greater
Miami Chamber of Commerce, and I hope that some of you will be there, and just
giving us this kind of help on the board would be able to take us in the right
direction, in order to get other municipalities to come in and help, because I
think you are right, they need to be helping, but we haven't had that kind of
input from people that say to us this is what we ought to be doing, and I
think that we ought to be given the chance to do that. Thank you.
Dr. Capp: We would certainly like the opportunity to be able to come back and
present to you the full and complete detail in terms of the benefits that the
City is receiving, and will receive after we have had a chance...
Mr. Plummer: Dr. Capp, in my estimation, that is not what is in question. I
think everyone sitting here, or at least I do, thinks that you are doing a
good job, OK?... and I think we have an obligation to pick up our fair share
to contribute to making that a continued success, but damn it, we can't pick
it up all. This City has got problems just like every other City. Other
cities have a so-called, if you want to refer to it - I did not, as Black
areas - Coral Gablesl You know, it is just like the drug centers. Why do all
of them have to exist in the City of Miami?
Mr. Carollo: The only way that we are going to succeed together is if we all
participate together, and you are not going to succeed, if Coral Gables,
Hialeah, Miami Beach and others don't put a penny up themselves and
participate, and make that commitment.
Dr. Capp: We are asking them to do that.
Mr. Carollo: Well, but it is not going to be as easy to get them to
participate and make a financial commitment, if we are putting up the money
already, and it is not fair to our people here, either. Now, I will commit
myself to go hand in hand with you all, and see Raul Martinez, and the
commissioners there in Hialeah; see the Mayor of Coral Gables, see the Mayor
of Miami Beach, and talk to some of the other municipalities and make them
make a financial commitment also, because this County is part of their county
also, and what happens here affects all of us, not just us here in Miami.
Mr. Dawkins: The biggest problem with this is, you know, as you say,
committees... what is M.M.A.P. doing that the Beacon Council isn't supposed to
be doing, OK? Now, we've got the Beacon Council.
Mrs, Gibson: That's the problem, Commissioner.
Mr. Dawkins: And that is why my money is staying where it is, OK?
Mrs. Gibson: OK, the Beacon Council came about as a result of not wanting to
do what they should have been doing in M.M.A.P.
66 July 24, 1986
Mr. Dawkins: See, but that is...
Mr. Plummer: They are getting a hell of a lot of money!
Mrs. Gibson: I know. I know!
Mr. Dawkins: Then we got the C.A.A.
C.A.A. is not doing?
Mr. Plummer: Exactly the same.
OK, what is M.A.P.P. doing that the
Mr. Dawkins: OK, me personally, if they are going to give away S125,000, I'd
give it to the C.A.A.
Mrs. Kennedy: You know, it makes a lot of fun to listen to these arguments
and, it might be a good program, but the fact is that we have problems with
the City funds at this time.
Mr. Plummer: Like everybody does.
Mrs. Kennedy: I think it is a good idea to visit the other cities and I
personally commit to doing that, and that probably sounds the better logical
solution than voting for half of the funds, so I therefore withdraw my second.
r Mayor Suarez: OK, I have another motion.
Mr. Dawkins: Wait a minute.
Mayor Suarez: She has withdrawn the second. It is dying for lack of a
second. I move the to extend a $125,000 matching grant allocation of funds
from the City, subject to your obtaining $125,000 from the other
municipalities in the County.
Mr. Plummer: Is that all of the other municipalities?
." Mayor Suarez: From any one that they can get the other $125,000 from, not
including the County itself.
Mr. Plummer: In other words, if M.M.A.P. ... I'll go for that, yes.
Mr. Carollo: What I think we should do, J.L., is consider the following -
a w let's figure out what our fair share should be, whether it is $50,000, or
$75,000, or it is $100,000...
Mr. Plummer: I'd prefer that, Joe.
Mr. Carollo: Let's figure out what our fair share is, and from there, give
them that money already, up front, whatever that fair share is, and then let's
work on the other municipalities to get the rest of the money, but I don't
think we should make a commitment now for $125,000, or so on, because it might
be a lot more than we are...
Mrs. Gibson: Commissioner, you are talking about 27 other municipalities in
this County.
Mr. Carollo: Twenty-six, actually.
Mayor Suarez: You don't have to go to all of them, so long as you got the
matching funds from any one or two of them.
Mr. Dawkins: Here, you already got the...
Mrs. Gibson: But, if you do it the way the Commissioner is saying, you are
talking about 26 municipalities...
Mayor Suarez: No, that is not the way my motion was made.
Mr. Carollo: No, what I am saying is, that we will put up our fair share,
after we figure out what it really is, and the rest of the money can come
from all of them, or part of them.
67 July 24, 1986
' Mayor Suarez: The problem I see with that, Commissioner, is that it is a very
elusive concept "fair share," but the figure of $250,000 itself is very
arbitrary. I am just saying that we would allocate a half of that. Is our
fair share less than a half? I don't know. I mean, the County is putting up a
substantial amount of money and they cover the entire metropolitan area, so,
otherwise we are going to be coming back forever on this issue.
Mr. Plummer: I think what Commissioner Carollo is trying to accomplish is a
damn good thing and that's to get them an incentive and I just thought maybe
Commissioner Carollo, we might accept also an amendment which would state that
we put them on a twelfth of one twenty-five for a three month period or ninety
days or sixty to give them the opportunity to go out and do what you are
saying.
Mr. Carollo: Absolutely.
Mr. Plummer: I surely agree with that.
Mr. Carollo: Absolutely.
Mr. Plummer: Mr. Mayor, would you accept that?
Mayor Suarez: That would be an outright allocation not subject to matching
funds, the one twelfth and one twenty-five?
Mr. Plummer: On a ninety day basis.
Mayor Suarez: Yes.
Mr. Carollo: Yes, one Twelfth.
Mayor Suarez: Yes, sure.
Mr. Dawkins: Hold it.
Mayor Suarez: Sure, I would accept that.
Mr. Dawkins: OK. Wait now, I want to be sure that I understand what we are
doing.
G Mr. Plummer: That's thirty thousand dollars.
Y <
Mr. Dawkins: I want to be sure I understand what we are doing. We are going
to give them a one twelfth allocation for ninety days.
Mr. Plummer: Right.
Mr. Dawkins: Now, in the ninety days, what are they supposed to do?
Mr. Plummer: Go out to the other municipalities and get participation,
financial participation.
Mr. Dawkins: All right, now in the event that we find out that thirty dollars
was our fair share, we are finished?
Mr. Plummer: That's it.
Mr. Carollo: That's correct.
Mr. Dawkins: All I want is the record clear.
Mayor Suarez: Yes, in effect, as Commissioner Dawkins is pointing out, if I
accept the modification as presented. I'm really withdrawing my initial motion
and it's simply a motion to give them...
Mr. Carollo: Well, yes, it's a substitute motion that I'm making if you
prefer.
Mayor Suarez: Yes, it's a...
Mr. Plummer: However.
68 July 24, 1986
Mayor Suarez: Well, it seems to reflect the consensus of the Commission.
Mr. Plummer: We are going to give them thirty thousand dollars for ninety
days.
Mr. Carollo: Now, keep in mind now Mrs. Gibson, Mr. Crapp, you are going to
have to work these next ninety days and visit as many of the elected officials
of those other municipalities as you can. Now, I will volunteer my time to go
with you and help to try to convince some of those people they should and have
to participate, but that means that you all have to go out and work for it
too.
Mrs. Thelma Gibson: But it's another effort.
Mr. Dawkins: Now, what happens on the other end if the rest of the
municipalities tell them "no"?
Mr. Carollo: Well, Miller,...
Mr. Plummer: Then that's ... then we have done our share.
Mr. Dawkins: That's the end of it?
Mr. Carollo: ... I think, I think that if we talked to these people and make
them see what's really at stake here, that it's their future and our future
together, I think you are going to see that some of these people are going to
come through, maybe not all of them, but I think you will get...
Mr. Dawkins: But if they don't though now...See, I want them to leave here
knowing exactly what this Commission is responsible for and what it's going to
do.
Mr. Carollo: If they don't we are only going to live up to our share of it.
Mrs. Gibson: The only thing is I wish you would say ten municipalities or
give us a number. You certainly can't...
Mayor Suarez: There is no particular number that you need to go to. If you
get matching funds, we will look at that.
Mrs. Gibson: No, but you can't ... but you can't go to twenty-six and ask them.
Mayor Suarez: No, no, you wouldn't...
Mrs. Gibson: Where is Florida City going to get any money? Where is...?
Mr. Dawkins: Go until you get the money Mrs. Gibson, if you get the money
with first five you don't have to go no further.
Mayor Suarez: Sure.
Mr. Plummer: That's it.
Mrs. Gibson: But that's not what his motion said.
Mayor Suarez: Yes, it is.
Mr. Dawkins: Yes, it is.
Mr. Plummer: Oh, yea.
Mr. Carollo: That's correct.
Mayor Suarez: In fact, there is no matching fund proposal at all on the
table. We are just going to allocate thirty thousand and we are giving you
the general idea that you better go out there and get some matching funds,
because then we will come up with ours. There is no pending matching fund, if
I understand your motion correctly Commissioner.
Mr. Carollo; That's correct.
69
July 249 1986
Lam
4�+
Mr. Dawkins: No, but in the event that they raised two hundred thousand
dollars, we are finished, because we already gave thirty and you don't need
but two...
Mr. Plummer: Yes, I think we have to remember for every dollar that
Metropolitan Dade County collects, the people of this City put up thirty
cents. That is, in other words, every Metropolitan Dade County, the City of
Miami ... Am I correct Mano? Huh? Approximately?
Mayor Suarez: Approximately.
Mr. Plummer: Approximately thirty cents of every dollar Metropolitan Dade
County collects comes from the City of Miami people. So, in effect, what we
are doing is putting up our fair share.
Mr. Carollo: Well, actually it's a little more than that J. L., I think it's
about thirty-five cents.
Mr. Plummer: OK. I will stand corrected.
Mr. Dawkins: Any further discussion? Did you get a second to your motion?
Mr. Plummer: I seconded.
Mr. Carollo: Now, Mrs. Gibson, I'm not the best fund raiser around, but I'm
not the worse one either.
Mr. Plummer: That isn't what I read in the paper.
Mr. Dawkins: I call the question.
Mr. Crepp: In terms of clarification, Commissioner, would the ninety day
period begin with the new fiscal year, because everyone is going on recess in
August.
Mr. Plummer: Yes, that's starting October 1.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 86-620
A RESOLUTION ALLOCATING $30,000 FROM 12TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN SUPPORT OF
THE COMMUNITY SERVICES PROGRAM OF METRO MIAMI ACTION
PLAN.
(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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy*
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ON BOLL CALL:
*Ms. Kennedy: I need to hear the motion first.
Mr. Plummer: Thirty thousand dollars for ninety days.
Erc
July 24, 1986
..w
-tra
a
THEREUPON, THE CITY COMMISSION WENT INTO A LUNCH
RECESS AT 12:08 P.M. RECONVENING AT 2:30 P.M. WITH THE
FOLLOWING MEMBERS OF THE COMMISSION FOUND TO BE
PRESENT:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
27. ALLOCATION OF FUNDS FOR CERTAIN SOCIAL SERVICE AGENCIES
FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; NAMING CERTAIN
AGENCIES TO RECEIVE ANY ADDITIONAL FUND BALANCE.
Mayor Suarez: We will take up Item ... which item is it Frank? from Community
Development 57. Frank, are we correct in assuming that the total amount of
additional funds that we have to allocate is approximately three hundred
thousand dollars?
Mr. Frank Castaneda: For social programming, that's correct.
Mayor Suarez: For social programs. I have distributed a list of proposed
allocations that might get this resolved reasonably fast if the Commissioners
will look at it. We have all discussed this matter and been lobbied and
convinced to some extent by all of the groups that are represented here. We
have had hearings on this already. Every group that is here has had an
opportunity to have their say, so we are not going to go through another
public hearing. We are...this Commission will simply...well, we are going to
have a public hearing, but not in the sense of taking your input. We have had
your input, believe me, more than necessary. We are very aware of the fact
that there are very many programs that need these funds and we are going to do
our best to distribute what we have got left in a most equitable way and I
know that every Commissioner has wrestled with this for many many many weeks
and I guess once again, for those that have been on this Commission for a
longer time than I have, we have realized that this is probably not the ideal
way to do it, but here we are and we must decide. I have myself distributed
to the Commissioners one proposal that will use up the entire three hundred
thousand dollars and I wish that they would considerate at least. (Mayor
Suarez translates statement above into Spanish)
Mr. Plummer: Mr. Mayor, I would like to ask at this time if the department
has, keeping in policy of the Commission, if they have a set of
recommendations.
Mr. Odio: They do, sir.
Mr. Plummer: May we have a copy of your recommendations please?
Mayor Suarez: You might not know it, but we are celebrating Commissioner
Dawkins's seventieth birthday today. I think we are celebrating the City of
Miami ninetieth birthday, is that it?
NOTE FOR THE RECORD: Commissioner Dawkins entered the meeting at 2:33 o'clock
P.M.
NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 2:41 o'clock
P.M.
Mayor Suarez: We are celebrating 90 years of Miami existence. One of the few
major cities, maybe the only one in the country that has not yet reached 100
years, and we have Miss Miami here and Miss Playground Miami to divide the
cake here. And we have the children from Shenandoah Day Care Center that are
going to do a quick musical presentation. (THE CHILDREN SING HAPPY BIRTHDAY
TO CITY OF MIAMI).
71
July 24, 1906
Mayor Suarez: Look, we've made it through 90 years, I'm sure we can make it
through the next 15 or 20 months.
MAYOR SUAREZ THANKS THE CHILDREN FOR THEIR PRESENCE.
Mr. Plummer: Mr. Mayor, for the record, I am disappointed that the department
which we pay has not made any recommendations. It was my understanding that
the purposes of the meeting the other evening was to hear the community input
and then come back taking into consideration the policy set by this Commission
and make recommendations to us from a professional level as to how the three
hundred three thousand should be distributed. It is my understanding that
they have not done that, so we have nothing in front of us except the history
of the total amount of all of the monies.
Mr. Odio: No. Let me, let me...it's not as simple as that, Commissioner
Plummer. I wish it was.
Mr. Plummer: Well, the Mayor found it that simple because what...
Mr. Odio: No, no way.
Mr. Plummer: Excuse me. The Mayor has passed out, not that I agree or
disagree with his. He has done exactly basically what was...what I was asking
for of the department and that is it's the bottom line of three hundred three
thousand seven hundred sixty-eight dollars and he has recommended what he
feels is where that money should go. I'm going to tell you that I'm not... I'm
only off with you on one item which doesn't come under food or medicine, but
all the rest of them, I think you did a very good plan of action.
Mr. Odio: Well, the problem is, sir, if we follow the policy of this City
Commission, we have a request for a million four hundred thousand dollars and
we have three hundred thousand dollars available for distribution.
Mr. Plummer: Well, this Commission is faced with the same decision to make.
Mr. Odio: OK. If we distribute it to the meals program which is in first
priority here, the money will be going just for meals,...
Mr. Plummer: Well, I'm asking if that's the...
Mr. Odio:...and if you want to, we can recommend that.
Mayor Suarez: Could I, Commissioner, suggest that we leave out that Item that
you have problem with and take a vote on the other ones and then come back?
Mr. Plummer: Well, I think, Mr. Mayor,...
Mayor Suarez: And we could always reallocate that.
Mr. Plummer: I have no problem with that. I think it is...this is a public
hearing, am I correct? And I think we do have to afford the right to the
public to make their input before we do make a decision,...
Mr. Odio: You will have it.
Mr. Plummer:. ..and as far as...I will go along anyway you want and I want to
tell you at this particular point, if you were to remove the one item, I could
vote for all of the rest.
Mayor Suarez: Which is that, because I want to...
Mr. Plummer: I reserve my right until after the public input.
Mayor Suarez: Well,...
Mr. Plummer: It's easy to see. You know my policy.
Mayor Suarez: It's the one that hasn't been funded in the past.
Mr. Plummer: Food and medicine first and we will talk about the rest. OK.
72
July 24, 1986
a
Ms. Kennedy: I had a list of priorities...
Mayor Suarez: Oh, I thought you were going on a policy of not funding any new
ones. I thought that was what you were concerned about.
Ms. Kennedy: Mr. Mayor, let me tell you, I have my list of priorities and I
find nothing wrong with yours either. We are very very close.
Mayor Suarez: OK. What... let me just explain to everyone once again, we
have gone through this a lot. There is no intention on the part of anyone on
this Commission to take any credit for any particular allocation. We are
trying to be as fair as we possibly can. We have one proposal that could have
been proposed by anyone on this Commission and reflects, or at least it was an
attempt to reflect everyone's priorities. Commissioner Plummer has problem
with one item and my feeling is to take a vote so that we can get most of your
programs resolved and then deal with that one item afterwards. If you would
tell us which one it was, Commissioner, that would be helpful. I don't think
we have to hear from everyone again since we have heard from every program
before. Do we Madam City Attorney? Do we have to hear from every single
group that has already spoken on it?
Ms. Dougherty: This is a public hearing, Mr. Mayor, if they have already
spoken in the past then you don't have to listen to them, but if it's new
items and new information.
Mayor Suarez: No, the only item that I refer to as a new item is one program
that did not receive funding last year and it's San Juan of Puerto Rico, but
they were heard on this matter before. They did have a representative.
Mr. Plummer: Mr. Mayor, I'm sorry to do this to you. Here he comes now. OK.
He wanted input on this.
Mayor Suarez: Yes.
Mr. Plummer: He is on his way.
Mr. Frank Castaneda: Mayor and Commissioners, Maria Elena Torano, who is the
Chairman of the CD Advisory Board would like to say a few words if you will
permit her.
Mayor Suarez: Oh, that would be helpful.
Ms. Maria Elena Torano: Mr. Mayor, Commissioners, Mr. Plummer. The reason
that we did not make recommendations and now I sympathize more than ever with
what you go through in times like this, is because we did not have a quorum.
The meeting dragged until about eight thirty that evening. It started at six
and at least...
Mr. Plummer: Maria Elena, I have no problem with that. You are a volunteer
group, non -paid. I have a professional staff which gets paid a hell of a lot
of money. OK. And I would have expected my professional staff to at least,
not that I have to agree with them, I would have expected them to make some
kind of a recommendation, if it was nothing more than a guide to go by.
Ms. Torano: And I was looking at the recommendations or the suggestions made
by the Mayor and we are in accord with the priorities. The elderly, hot
meals. I like to see the kids get some, but really there is a lot of need out
there and I think we need to prioritize and, to me, the elderly are a big
priority and then hot meals. I want people to have food in their tummies.
So, this is...
Mr. Plummer: Well, Mr. Mayor, may I suggest what you do is to read in the
record exactly what your list is here and then maybe some of these people will
be happy and understand when you are in good shape you keep your mouth shut.
Mayor Suarez: That's a very good suggestion. The proposal would be to fund
another fifty thousand dollars for Holycross Day Care Center, which is a
hundred per cent of their request. Another fifty-two thousand nine hundred
fifty-two dollars for Belafonte Tacolcy Sports, which would mean that they
73 July 24, 1986
would have received eighty per cent of their total request. Another fifty-
three thousand five hundred sixty for the Industrial Home For The Bind, which
would mean that they got eighty per cent of their eleventh year CD allocation.
Thirty-one thousand nine hundred forty -four for the Association For the useful
Aged, which would mean they would be at eighty per cent of their eleventh year
CD allocations. Ten thousand three hundred twelve dollars for First United
Methodist Church Program, which is one of the few Downtown programs if not the
only one that we are funding.
Mr. Plummer: It is the only one.
Mayor Suarez: The only one. That's one hundred per cent of allocation.
Eighty thousand additional for Action transportation, which means that they
would have almost a hundred per cent of their eleventh year CD allocation or
ninety eight per cent. And Centro San Juan Puerto Rico, twenty-five thousand
dollars, which is what they have requested. That is the proposal that we have
here before us and what Commissioner Plummer has said is, if we vote on this
and if it passes, and I'm not sure that we will vote on it and I'm not sure it
will pass, but if we do and you want to come up here and you represent one of
these programs and having already heard from you before more than once, plus
being lobbied extensively through the last..... what is it, five six weeks,
you choose to take up this Commission's time and everyone else's time that's
here before we vote or after we vote or however we do it, that you know, you
might lose your momentum, as we call it here, you might loose your
opportunity, because this Commission has a lot of things to decide today. We
are only about a third to a half of our agenda and you know, you might not get
exactly what you want, but we have come pretty close on all of these programs.
Mr. Dawkins: What is the target area of First United Methodist Church?
Mr. Plummer: Downtown.
Mr. Castaneda: Downtown Miami.
Mr. Dawkins: The what?
Yr
Mr. Plummer: The Downtown. It is the only...
Mr. Dawkins: Downtown go from where to where? Come on now.
Mr. Plummer: It's the CBO of Downtown.
44arr
-"'
Mr. Dawkins: What Down ... OK. You mean Flagler Street? Do we mean Southwest
1st Street? Do we mean 5th Street? What do we mean?
Mr. Plummer: Well, let me...
Mayor Suarez: What is the definition, Frank?
Mr. Plummer: What is the CB...
Mr. Castaneda: From the River to the end of the Park West area, not the
Overtown Park West. The Park West.
Mr. Dawkins: From the River to the Park West area. How many youth are in
that area?
Mr. Castaneda: Youth?
Mr. Dawkins: Yes, what do they do with ... what are they going to do with the
money we are giving them?
Mr. Plummer: It's a food program.
Mr. Castaneda: No, to feed the elderly.
Ms. Kennedy: It's a food program.
Mr. Dawkins: It's a food program.
74 July 24, 1986
Mr. Plummer: Yes, sir.
Mr. Castaneda: Yes.
Mr. Dawkins: Food for the elderly.
Mr. Plummer: Yes, sir. It is the only funding of social money to the
Downtown area.
Ms. Kennedy: And they should have been included at the other time and we
didn't.
Mr. Carollo: Well, one question that I do have is and your proposal for
eighty per cent funding for the Belafonte Tacolcy Sports Program, Mr. Mayor,
as I stated the last time we met on this, I am only in favor of providing them
one hundred per cent, not eighty per cent. (APPLAUSE). I don't quite
understand the numbers that you have here, may be the... what you are trying
to do is a little different than what I'm interpreting here. You got fifty-
two thousand nine fifty-two. Is that what you are proposing that they be
given now or...
Mr. Plummer: Plus the twenty that they received at the previous meeting.
Mr. Carollo: Making it seventy-two nine five two.
Mr. Plummer: Right.
Mr. Carollo: Yes. We are still some eighteen thousand plus dollars short.
Mayor Suarez: I would be willing to look elsewhere in the budget too, for
additional funds if we... the Commission felt that...
Mr. Carollo: Yes, I think we could somehow work it out with what we have
here.
Mr. Odio: I might be able to help you out. We have from this year
allocate...
Mr. Dawkins: Well, if you can find some to help him out now, I want you to
help me out.
Mr. Odio: No, sir.
Mr.
Dawkins: Wait
now.
No, no, no, no, now. I want you to understand that
if
you are going to
help
him out...
Mr.
Odio: No, sir.
I'm
going to help...
Mr. Dawkins: OK I'm going to find two projects for you to help me out with.
Mr. Odio: Fine, but I don't have money left.
Mr. Dawkins: OK. Then all right. OK.
Mr. Carollo: Miller, before you get into that, can I find out what the
Manager had in mind?
Mr. Dawkins: Yes, yes...
Mr. Odio: Yes......
Mr. Carollo: We are about eighteen plus thousand dollars short.
Mr. Odio: We have exactly eighteen thousand six hundred fifty-three dollars
left over from this year that we could use for the twelfth year allocation.
Mr. Carollo: OK. eighteen thousand...hold on.
Mr. Odio: If you choose to use it, if not...
VV
July 24, 1986
Mr. Carollo: Eighteen thousand what?
Mr. Odio: Six hundred fifty three dollars.
Mr. Carollo: Six hundred fifty-three?
Mr. Odio: We have it left over from this year, monies that have not been
spent.
Mr. Frank Castaneda: Basically, what's happening is that the agencies are
beginning to close. They have until July 30th to close out their books with
US. Out of those agencies that have closed, there is a balance of eighteen
thousand six hundred fifty-three. We still have nine more agencies that have
not closed as of this time.
Mr. Carollo: OK.
Mr. Dawkins: Yes, but you...see, but, the only problem is you come up here
and you tell me we got "X" dollars. Now, all of the sudden, you found
eighteen more, see. Now, I'm getting ready to find ---I haven't found me two
projects yet... but you are going to have to find me thirty-six thousand. OK.
Now, if you can find eighteen thousand just like that, go to your budget books
somewhere and find thirty-six thousand dollars.
Mr. Plummer: Well, you are letting him off cheap. I want a hundred thousand.
Mayor Suarez: Why don't we, Commissioner Carollo, of always reversing the
right to go back and reallocate the eighteen thousand.
Mr. Dawkins: No, he already has it. You got it. Yes.
Mr. Carollo: No, no. The Manager stated the eighteen thousand six hundred
fifty-three was what was left over. Now, I want that to be allocated to the
Belafonte Tacolcy Sports Center and that would bring their total to ninety-one
thousand six hundred zero five, which is that one hundred per cent they
requested. (APPLAUSE). That's a motion that those additional funds be
approved for that.
Mr. Dawkins: I second.
Mayor Suarez: Does that include the rest of the package too?
Mr. Dawkins: No, I don't know. We are dealing with one...no, we are dealing
with one program here.
Mr. Carollo: It's a motion to give the Belafonte Tacolcy Sports Program...
Mr. Dawkins: One hundred per cent of their funding.
Mr. Carollo:...one hundred per cent of their funding.
Mayor Suarez: Moved and seconded. Commissioner, you second it?
Mr. Carollo: Commissioner Dawkins seconded.
Mayor Suarez: It is your intention... can I inquire as to your intentions to
vote for the rest of the package on a separate motion?
Mr. Dawkins: No, you cannot, not until this vote is over, then you may ask
me. I mean, you may ask, but I shall not answer.
Mayor Suarez: Well, let me ask Commissioner Carollo.
Mr. Dawkins: Oh, OK.
Mr. Carollo: Well, I'm pretty open-minded for the rest of the package.
Mayor Suarez: Because otherwise, we will be at this forever, if you give an
indication that you are going to take them one by one, that could really make
the whole thing fall through. That's what worries me. I have no problem
voting for the motion so we can get this resolved, but...
76 July 24, 1986
Mr. Carollo: Commissioner Plummer, Commissioner Kennedy, have you seen some
of the...
Mayor Suarez: We would have had eighteen thousand plus reserves from last
year, Frank?
Mr. Castaneda: No, basically, what happens is that you have to cover up your
expenditures and people are closing out their books now and they will be
closing out their books until July 30th. At this time from the agencies that
have closed, there will be a balance of eighteen thousand six hundred fifty-
three.
Mayor Suarez: And it could be more?
Mr. Castaneda: It could be more, but the biggest agencies have already
closed.
Mayor Suarez: Right.
Mr. Carollo: Now, Commissioner Plummer, Commissioner Kennedy, Commissioner
Dawkins, as far as some of the other programs and the allocations we are
looking at here, are you all in agreement with them or not, or would you
prefer to take them separately?
Mr. Plummer: I have no problem.
Mr. Dawkins: No, problem, Joe.
Ms. Kennedy: I have no problems either.
Mr. Carollo: OK. Then my motion then would be to approve the one through
seven including the Centro San Juan of Puerto Rico for the request that we
have here and the amount that we are approving is as follows: Fifty thousand
dollars for the Holy Cross Day Care Center.
Mr. Dawkins: Hold it. Where is Holy Cross Day Care? Holy Cross where are
you?
Mr. Plummer: 36th Street.
Mr. Castaneda: They are in Wynwood.
Mr. Dawkins: No, no, no, I say where are they in here. Come up here. Come
UP***
Mr. Plummer: Please they are upstairs.
Mayor Suarez: And there is some upstairs too.
right, Mr. Hernandez?
Mr. Dawkins: OK.
Mayor Suarez: OK. We see you are alive.
But you are the director,
Mr. Carollo: OK. So, my motion will consist of the following again, fifty
thousand dollars for the Holy Cross Day Center; a total of ninety-one thousand
six hundred five, including the twenty thousand we approved before to the
Belafonte Tacolcy Sports; fifty three thousand five hundred sixty to the
Industrial Home for the Blind; thirty-one thousand nine hundred forty-four to
the Association for the Useful Aged; ten thousand three hundred twelve for the
First United Methodist Church eighty Thousand dollars to Accion
Transportation, and Twenty-five thousand dollars for the Centro San Juan
Puerto Rico. That is my motion.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: Under discussion.
77 July 24, 1986
0
Mayor Suarez: Under discussion Commissioner Plummer.
Mr. Plummer: Mr. Mayor, I still have a problem, but I want to say to you that
I am going to vote for the package, because you can't always get a hundred per
cent of what you want. I think that this is at least ninety-five per cent of
what my policy is and any time I can get a ninety-five per cent winner, I will
go along with it.
Mr. Carollo: That's a pretty good batting average.
Mayor Suarez: And I want to say too that by establishing that policy you have
resolved a lot of the difficulties, because otherwise we would have never
gotten as far as we have. So, we appreciate that and it made a great deal of
sense. Any further discussion?
Mr. Dawkins: Yes, under discussion.
Mayor Suarez: Commissioner Dawkins?
Mr. Dawkins: What other prior programs...... What other programs are going to
be phasing out that you are going to have more money in Mr. Castaneda?
Mayor Suarez: And when they close the books, what other programs are left to
give us their surplus, if any?
Mr. Castaneda: The programs that are left to close in the social program
category are Belafonte Tacolcy, Little Havana Child Care, Centro Mater, Family
Counseling, Jewish...
Mr. Dawkins: No, no, no, no. Wait a minute, wait a minute, wait up. No...
Mayor Suarez: No, he...
Mr. Dawkins: Evidentially I didn't come through. You just found eighteen
thousand dollars from a program that was closing out...
Mr. Plummer: No, many programs.
Mr. Castaneda: Many programs.
Mayor Suarez: How many are left to close the books, Frank, that might give us
additional funding? I think that's what the Commissioner needs to know. We
all want to...
Ms. Kennedy: It's about ten...
Mr. Castaneda: Nine.
Mr. Carollo: There is ten more.
Ms. Kennedy: Nine or ten.
Mr. Castaneda: Yes, ten more, but Black Archives is not a social service
program and does not fall under the cap.......
Mayor Suarez: Any that looks to provide a substantial surplus that you can
think of?
Mr. Castaneda: Well, I know that there were...Wynwood Elderly was closing out
today and...We can come back I would not...
Mr. Dawkins: No, no, no, no, give me eighteen thousand dollars for the Black
Archives, Mr. Manager, find it, like you found the other eighteen thousand
and find...
Mr. Castaneda: Commissioner, Black Archives is not a social service program
and that's something that you can decide with the other amount of monies of
community development.
78
July 24, 1986
i
Mayor Suarez: How much do we have additional for non - social service
programs from the funds that came down that were...?
f
Mr. Dawkins: Mr. Mayor, hold up one minute. Now, let me deal with Mr.
i1 F
Castaneda on my problem. Now, when I finish with my problem, then you go with
,:.
yours, OK? Now, please. OK? Go ahead, sir.
Mr. Castaneda: No, what I'm saying is that Black Archives is not a social
service program and not subject to this cap and we can look at Black Archives
as part of the whole allocation of Community Development.
Mr. Dawkins: All right, well, what, what....All right, on this list, what do
t'.
you have down here that ... all right, what about Centro Mater, what have they
got?
Mr. Castaneda: Centro Hater received seventy thousand dollars at the last
allocation.
Mr. Plummer: What was their last year's funding?
Mr. Castaneda: Last year out of Community Development, they received seventy
thousand seven hundred thirty dollars.
Mr. Plummer: So, their whole...
Mr. Castaneda: Under Community Development, but under Revenue Sharing, they
also received twenty thousand dollars.
Mr. Dawkins: So, if I gave them eighteen thousand dollars that would bring
them back up to their last year funding?
Mr. Castaneda: Yes.
,..
Hr. Carollo: Yes, about twenty thousand dollars, yes.
,...;
Mr. Plummer: Commissioner, I agree with you and can I make you a
r;
recommendation? Can I make you a recommendation that all remaining monies
which are declared surplus by the closing of the remaining books, that the
first...
j
Mr. Carollo: Go to Centro Hater.
Mr. Plummer:... twenty thousand go to Centro Hater.
Mr. Carollo: I agree wholeheartedly.
Ms. Kennedy: I love it.
Mr. Dawkins: OK. Fine. All right, I...OK.
Mayor Suarez: The second modification on the motion has been accepted. It
was moved and seconded. Let me do something on a procedure here...
Mr. Dawkins: All right, hold it now.
Mayor Suarez: Commissioner Dawkins, go ahead.
Mr. Dawkins: Go right ahead sir. One more. And the second monies that you
find from closing out goes to the Coconut Grove Family Health Center.
Mr. Plummer: Second that for sure.
Mr. Dawkins: OK.
Mr. Plummer: That's above the twenty.
Mr. Dawkins: That's above the twenty.
Mr. Carollo: Yes, that will be,..
79 July 24, 1986
Mr. Plummer: If there is any.
Mr. Carollo: Yes, that will be incorporated into our motion approving this
other .. .
Mayor Suarez: Moved and seconded and thirded.
Mr. Carollo: Now, let me explain to the...
Mr. Plummer: Now, you will have the nuns praying all night.
Mr. Carollo: Let me explain to one other group so they can understand what
they got, Xavier.
Mayor Suarez: They are modifications all to the same motion.
COMMISSIONER CAROLLO INFORMS THE USEFUL AGED, (IN SPANISH), THAT THE
COMMISSION HAS JUST APPROVED ALMOST S32,000 FOR THEIR ORGANIZATION. (APPLAUSE)
Mayor Suarez: Let me say something on procedure here, because we don't want
to prevent anyone of you from talking, but I'm going to tell you the
following: You have heard who is going to be included, who is included in
this motion, if you represent one of these agencies and want to come up and
speak at the risk of losing and being taken out of the package that we are
proposing, you may do so at this point.
Mr. Dawkins: But also, Mr. Mayor, I think we should explain to the
individuals who are coming up to speak, who did not get any money that there
is no money. OK. I mean, I don't think now we should tell the people who got
money, you know, that you got it and come up and speak, but the individuals
who did not get any money, you know, if they come up and talk until the sun
goes down, there is no money.
Mayor Suarez: Well, that's true. We will give them a couple of minutes to
have their say, if there are any agencies that are not included. The ones
that are included, you have a right to speak, but you could ruin it by
speaking, because you might get taken out of the package. OK?
Mr. Carollo: Sir, come to the mike.
Mayor Suarez: Yes, sir. Oh, I remember your program.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD).
Mayor Suarez: OK, that's a City of Miami program.
Ms. Kennedy: Mr. Manager, what can we do with the handicapped?
Mayor Suarez: Can we from the Park's budget come up with the money for the
handicapped program?
Mr. Dawkins: They are already funded. They are already funded. We already
got a handicapped program.
Mayor Suarez: That's what's... apparently they are getting some monies from
CD, otherwise they will lose staff. What is the status on that Mr. City
Manager? I forgot about that one. That's a City program and we...
Ms. Kennedy: And that's a fine, fine program.
Mayor Suarez: We would lose...can we from the Parks Department come up with
the money to maintain that program in effect. That's one of our few, if any,
handicapped programs.
Mr. Odio: You can do anything you want.
Mr. Dawkins: How much money does the State give us for that program.
Mr. Odio: I will have to find out, is Kevin here?
July 24, 1986
N
e�'
FE,
Mayor Suarez: That's not before us
program, the gentleman wanted to say
conveyed his point to us. Did you wan
UNKNOWN SPEAKER: I'm from Aspira.
t
today. If you want to speak on this
something and I think he has somehow
to speak on that one?
Mr. Dawkins: OK. How much did the State of Florida give for the handicapped
program? How much money did we get from the State of Florida?
Mr. Odio: We got a hundred forty-five thousand from the State.
Mr. Dawkins: You got a hundred forty-five thousand from the State.
Mr. Odio: We got a hundred thousand from the Federal Government.
Mr. Plummer: So, you got two forty-five.
Mayor Suarez: What would we lose from that program if we get two forty-five
from other sources?
Mr. Plummer: I can't imagine. You got a quarter of a million dollars.
Mr. Odio: I can resolve their problem, because I'm seeing that the difference
is not what they had asked for and I will work it through the Parks and
Recreation budget.
Mr. Plummer: Well, how many people are involved in that program?
Mr. Odio: How many?.....Six hundred.
Mr. Plummer: Six hundred?
Mayor Suarez: But how many staff?
Mr. Odio: Staff? Sixteen.
Mr. Dawkins: Yes, but it's a Federal and a State Grant.
Mr. Odio: Yes, sir.
Mr. Dawkins: And we wrote for it to do that.
Mr. Odio: Yes, sir.
Mr. Dawkins: So, now why is this gentleman saying we are short of money.
Mr. Odio: We are short. The budget comes out to five hundred and fifty
thousand dollars and we have four hundred and eighty. So, I can make up the
difference in the Parks budget.
Mayor Suarez: OK. He is...The City Manager is going to recommend to this
Commission when the regular budgetary process is entertained by the Commission
to figure out a way to cover what's missing from the State and Florida grants
that we have for the program.
UNIDENTIFIED SPEAKER: Thank you.
Mr. Plummer: Let me...
Mayor Suarez: So, without saying anything you have accomplished a great deal
here.
Mr. Plummer: Mr. Mayor? Go ahead and sit down sir, but I want to tell all of
you, and I hope each and everyone of you here that are and since somebody will
take the time to translate it into Spanish, I hope each and everyone of you
that are here, that are the recipients of social service moneys this year are
fully aware that it is contemplated at this time in Washington, that next year
there will be no dollars at all. Now, I want to put each and everyone of you
on notice. We cannot give you what we don't have, and it is contemplated that
all, that's a-1-1, all of the dollars are going to completely dry up, I guess
81
July 24. 1986
I'm telling you that you better start looking during this year, that next year
coming down here screaming at this Commission is not going to accomplish
anything, because we are not going to have...Frank, am I wrong? I mean, you
get on the record and say it. I think you owe it to these people to be honest
and fair, that next year from what we are hearing and what we are looking at,
there is no dollars. Now, if I'm wrong, please tell me and these people.
Mr. Castaneda: No, no. Life is very difficult in Washington these days, since
you are aware, Community Development is really part of this year, not next.
Looking at revenue sharing, we are expecting zero right now, and that
represents that eight point seven million dollars of the City of Miami budget.
So, you know, that is having a tremendous impact on...
Mr. Plummer: Would you please take the time, if Mayor, you don't mind that,
Frank, you say that in Spanish, because I think you have got to be honest and
fair with these people. Whoever? I just...you know, it's got to be done.
( MS. MARIA ELENA TORANO TRANSLATES INTO SPANISH ABOVE STATEMENT BY MR.
CASTANEDA)
Mr. Plummer: I think what needs to be done is each and everyone of these
people here have a further responsibility and that is to start a campaign
towards Washington, because we can't give you dollars that they don't release
and I think you need to start a letter writing campaign to Washington.
Mr. Dawkins: No, Commissioner Plummer, I would like to say something else,
they should have started yesterday.
Mr. Plummer: Oh, I agree with that.
Mr. Castaneda: No, but Commissioners, they have done that and thanks to the
efforts of many people here is the reason that the deferral was rescinded.
Mr. Plummer: OK.
Mayor Suarez: Sir?
Mr. Luis Martinez: Thank you very much. I am Luis Martinez. I am the
Chairman of the Board of Aspira of Florida and I'm a professor at Florida
International University. Our purpose for addressing the Commission at this
moment is to have you reconsider our request for twenty thousand dollars to
maintain youth services to Hispanics and Blacks in the Wynwood area. As well
as Wynwood, we service Overtown, Little Havana, Allapattah and Edison River.
We have been able to do some ... get some funding from other sources, but
perhaps the most important thing is that when we get funds, little funds from
others, they look at what kind of funds did we get locally, to see what kind
of commitment the local agencies have toward us and its very important for us
to have in those books, that we have some kind of commitment from the City of
Miami. Thank you.
Mr. Dawkins: Mr. Mayor, can I make a suggestion that we take a five minute
recess and those individuals who have been funded, you know, could......
Mayor Suarez: It's just that we haven't voted yet and we wanted to give them
an opportunity to say something. If they were getting left out briefly,...
Ms. Zita Herrera: My name is Zita...
Mayor Suarez: I think we have pretty much solved that program, if it's the
one I'm thinking about. Go ahead Ma'am.
Ms. Zita Herrera: My name is Zita Herrera, Director of Little Havana Outreach
Offices. For nine years we have funds from the Community Development and this
year we don't have any. We are the agency in Little Havana who provides help
to the people in Little Havana and other places from FEMA Program. We agree
that the elderly people, the Day Cares are priorities, but what about the
people...
Mayor Suarez: Is that mostly nonresidents, when you say FEMA, Federal
Emergency Management Act?
82 July 24, 1906
r-
Ms. Herrera: Yes, yes. We provide seventy-two thousand dollars last year and
so far this year a hundred thirty-seven thousand dollars for rent, utility,
food vouchers, and we have not only helped the elderly people home bound, we
help the families, the poor families in Little Havana who are in need of help
too. We need your funds...
Mayor Suarez: Let me tell you, your program sounds very similar to one that
Commissioner Dawkins is a member of the Board, at Community Action Agency and
I have been asked to be a member of the board again. It may very well be that
the funds will be available from C.A.A. Just guessing....
Ms. Herrera: We have funds from the Dioceses, from United Way and from the
Community Development. In order to operate the program we need the help from
you, let's not forget it.
Mr. Dawkins: While we are taking the problems here, all of you are waiting to
speak?
UNIDENTIFIED SPEAKERS: Yes, I think I'm ready to speak. I don't know if my
group got anything but, I'm speaking for Miami Parks and Recreation
Handicapped Division and I would like to say that it's very hard for the
handicapped to socialize and go different places and our group takes them
different places everyday or a couple of times a week and we have a Thursday
night program where we go to different places. Tonight our activity is the
Coconut ---to go around Coconut Grove and go out to dinner and it's very
important for adults to have social programs. It's very hard for us to get
around and do things socially. So, I hope you will give us some money and we
are the Miami Parks and Recreation Group for the handicapped. Thank you.
Mayor Suarez: Your idea of socializing is to get me involved in wheel chair
basketball which gave me all kinds of blisters. I...
UNIDENTIFIED SPEAKER: Good idea!
(INAUDIBLE BACKGROUND STATEMENT MADE OUTSIDE OF THE PUBLIC RECORD)
Mayor Suarez: Probably permanent, yes?
UNIDENTIFIED SPEAKER: Mr. Mayor?
Mayor Suarez: Yes.
UNIDENTIFIED SPEAKER: I'm here for Tenant Education Association of Miami.
You found money for Park West, you found money for Bayside and I want you to
know that in 1982 it was Tenant Education the only program that was funded in
this City that went Overtown and rescued the tenants at Booker Washington High
School. It was twenty three agencies that those people went to and they
turned them down and it was only the Tenant Organization that was the one that
went there and rescued those people during a time of crisis. And I feel that
if there is the basic need for a human is housing, shelter and food and
without housing we are in serious trouble and I'm asking you to fund ---find
money for us.
Mayor Suarez: Let me ask Frank, couldn't that be considered a non-social
service?
Mr. Castaneda: No, basically, what they provide is tenant assistance and...
Mayor Suarez: There is no way to consider that under housing?
Mr. Castaneda: And it's a social service - type of thing.
UNIDENTIFIED SPEAKER: We do , we do counseling, we do referrals and
relocation. Those are definitely under housing. I mean, people classify us
where they want us, but we classify ourselves as a program to help in housing.
Our program come under housing just like Urban League does, or any other of
the houses for counseling. And I'm in a training where they seriously advise
all developers to consider counseling in housing to make sure that the
83 July 24, 1986
residents that live in those housing would be able to live there and maintain
the status and counseling is a very important part in housing.
Mayor Suarez: I have one suggestion in case that you don't get the funding
from us and that is the Dade County Bar Association and the Florida Bar
Association should really be contributing to education of tenants on legal
issues, particularly , and I will be more than willing to help you in
those efforts. They seem to have all kinds of trust funds available. Anyone
else?
Ms. Betty Alvarez: Mayor, I represent Family Counseling Service, which...
Mayor Suarez: Can you give us you name please?
Ms. Betty Alvarez: I am sorry. My name is Betty Alvarez. I represent Family
Counseling Services of Miami. Our program that you have been funding in the
past is for the frail and elderly in the Downtown area of Miami. It
serves ... we have served a hundred sixty people in the past year and we were
contracted to serve sixty. We...
Mr. Plummer: It's an item coming up.
Ms. Alvarez: The...we serve the poor, the frail, and isolated elderly, who's
average age is eighty years. We do counseling. We do networking. We refer
them to appropriate providers for medical service. We work at the Jesu Senior
Citizen Center and also at the First United Methodist Community Center.
Mayor Suarez: Thank you very much. Leonard?
Mr. Leonard Batz: I'm Leonard Batz, President of Senior Centers of Dade
County Incorporated and I should like to direct my question to Commissioner
Miller Dawkins. Commissioner, are you aware that the program that you asked
me a year ago to.. you pleaded with me to take it over in Overtown to feed
those people and it's now up to three hundred forty people and six hundred are
on standby for seven days a week food program and we are going...you are aware
it's going to be turned down?
Mr. Dawkins: No, I wasn't aware, but like I said, here we just got a few
dollars and today, the emphasis was not on feeding the elderly it was to take
care of some of the other issues and that's what we did.
Mr. Batz: Fine, then September 30th why, I will release all the people that
we hired to do the work. Thank you, sir.
Mr. Castaneda: Let me clarify that. Our money is for home delivered meals.
Mr. Dawkins: I beg your pardon?
Mr. Castaneda: Our money is for home delivered meals, not for any center.
The hundred ninety thousand dollars...
Mr. Dawkins: OK. Hold ... Mr. Batz, you better come back and clear this up
now, because see I don't want you to go out with the wrong information. All
right, tell him Frank what we are saying.
Mr. Castaneda: Yes. Our money is for home delivered meals and not for any
center per se.
Ms. Kennedy: Frank?
Mayor Suarez: Neither one of you is speaking into the mike and we can't hear
anything either one of you is saying.
Mr. Batz: Well, when Commissioner Dawkins asked me if we would take over the
program when nobody else would, then we did. So, then the monies, the funding
came from you Mr. Castaneda. All right, so now why are we completely omitted
when we have done a tremendous job on that particular area? Because you don't
have money.
84 july 24, 1986
4M•
Mr. Castaneda: I don't know what program he is talking about, but money is
¢
for home delivered meals and it's not for the program that he is referring to.
Ms. Kennedy: Mr. Batz, what percentage of you program is for meals?
P17-^
Mr. Batz: The ... well, it would be ninety per cent of the hundred ninety-nine
thousand dollars, yes.
Mr. Dawkins: But now Frank is saying that we are giving you money to feed the
people that I asked you to feed and you are saying that we are not giving you
the money to feed the people. Now who is correct?
{!
Mr. Batz: It's not in the list ... it's not in here.
Mr. Castaneda: The Commission has not made a recommendation on Senior
Centers. What I'm clarifying is that he is saying that the money is for a
specific center and what I'm telling you is that the allocation is for home
delivered meals and not for any specific center.
Mayor Suarez: But has that been changed anyway from the last year.
Mr. Dawkins: OK. So, in other words, then Mr. Batz, you cannot stand there
and say to me that because I told you to go Overtown and add fifty meals, that
you are not going to add them now because we didn't give you no money?
Mr. Batz: Well, I can't where am I going to get the money?
Mr. Dawkins: All right, then you will have no money for nobody. Now, that's
up to you figure out if I asked you to feed fifty, and you can't feed them,
it's up to you find out how to cut ten in five places and come up with fifty
meals and I want you to monitor that program Mr. Castaneda, and be damn sure
that those people I asked him feed are fed or stop his program.
Mr. Batz: Thank you, sir.
Mayor Suarez: Ma'am?
UNIDENTIFIED SPEAKER: Good afternoon. I'm with the Volunteer Missionary
Society and I would like to take a few minutes of the Commissioner's time...
Mayor Suarez: Give us you name and speak a little closer to the mike.
Ms. Sally Lisvin: OK. I'm Sally Lisvin of the Volunteer Missionary Society
and this afternoon I would like to speak with you concerning the organization.
This letter of particulars and inspiration from God, subject, amendments,
sponsorship funding for the Volunteer Missionary Society Entrepreneurial
Program. A new venture idea to be amended for the immediate sponsorship for
the Missionary Entrepreneur in the expressed areas of expertise. A community
help sponsorship award for the further advancement of the trade of the
entrepreneur. Awards and consideration for work done, time, job experience,
acquired knowledge, apprenticeship liaison advocacy, community involvement for
a degree for business start-ups, seed capital, amendable for good year by year
for attempting to succeed shall not go without mere sponsorship, provide for
technical monetary sponsorship, assistance until entrepreneur becomes
foundation sponsor for next entrepreneur sponsorship by providing three per
cent to the Voluntary Missionary Community Chest for the upcoming
entrepreneur, proceeds until the chest is exhausted until the Commission will
be called. The Missionary Entrepreneur provides for venture information,
community records, short term goals, create jobs, upgrade quality of
employment opportunity, strengthen, diversify and maximize economic base for
the City of Miami, increase personal income, referrals in agreement with the
coordinating efforts with other community agencies. Volunteer sponsorship,
matching funds, needed concerned community citizens, together we stand divided
we fall. The Volunteer Missionary Community Chest is for all. Pennies in the
chest make dollars for the best in community unity. For approval as
entrepreneur: merits degrees and certification, short range agreements,
sponsorships one to ninety weeks, twenty to ninety weeks, ideas count.
Accounting practices , cash flow cost accounting, twenty-five cents
equal to a dollar. Matching fund sponsorship by the Community Chest, in -kind
operation. Needs assessment for a community help project for the Volunteer
85 July 24, 1986
}
Missionary Entrepreneurial
Program. A community concerned citizens
t,=
..
sponsorship project involved
in surveys, help service, studies in various
a self help enrichment projects for
areas, low income displaced person needed,
relationships. What we need to get started is buildings,
q
better community
seed capital, matching funds
for sponsorship includes fund raising, community
projects involving citizens,
materials of the sponsor, paints, mops, brooms,
for special
copier, professional hours,
community shared sponsorships
And we would
a`
amendment consideration for a
community self-help project. also,
light, he that hides his
like to say "He that giveth
to the poor shall not
Proverbs 28:27 for a special consideration for
eyes shall have many a curse."
a community self-help economic project. Thank you.
r.
i
Mayor Suarez: Thank you.
D C re
Mr. Andre Bony: I am Andre Bony, the Administrator of Overtown ay a
Center. Mr. Mayor, and Honorable Commissioners, we have been at this site,
Overtown Day Care Center now for twelve years and during the twelve years the
program sponsored by the Catholic Community Service of the Archdiocese of
Miami, co -sponsored by the City of Miami, which I and we did our best. This
year we have been advised to evacuate the building. It is true that the
maintenance to our charge has been very costly and that recently we found a
big crack upstairs in the second floor, so we have been asked to move out of
the building and so the Fire Department can make a museum for this department.
Mayor Suarez: So, the Fire Department can make a museum?
Mr. Bony: And will be... will make a museum and as I have just said Mr.
Mayor...
Mayor Suarez: Where, where, give me the address.
Mr. Bony: It is 1401 North Miami Avenue. This is building. ..Fire Station
number two.
Mayor Suarez: Well, wait let's clarify that, because they...as far as I'm
concerned, they got one too many museums already.
Mr. Plummer: They got one. Who told you...
Mr. Odio: Mr. Mayor, they have a museum in the Fire College and that's about
all the museum they are going to have.
Mayor Suarez: Well, they are not going to get a museum over there, I don't
think, if I'm hearing the Commissioners right. So,...
Mr. Plummer: I want to know who told you that.
Mr. Bony: I think it is
Mr. Plummer: Who?
Mr. Bony: Yes, we received a letter and it is from the...
Mayor Suarez: Well, if you have it in a letter, show us the letter when you
get a chance, but I don't think anybody here is ready to approve that.
Sometimes people have projects and ideas that we don't know about until
somebody tells us about them, but that one sounds like a real.
Mr. Bony: As a matter of fact, the lease contract come to expiration in May
and we for the renewal.
Mr. Odio: Wait let me find out what
Mr. Bony: ......and we didn't, and it is in that perspective we have a
big_. - -
Mayor Suarez: The funds aside, the issue of whether you get funds from
Community Development aside. We would all like to know about why your lease
was not renewed if you had CCS funds.
86 July Z4, 1986
Mr. Bony: OK. But since we are moving and we are moving to a location with
greater facility...
Mayor Suarez: Oh, you are moving anyhow?
Mr. Bony: Yes, we need to move. We have to move.
Mayor Suarez: Then the whole issue of your moving is not that important.
Mr. Bony: Yes, I mentioned that the maintenance was very costly...
Mayor Suarez: Right.
Mr. Bony: ... and our license capacity was very limited over twelve years, and
we have been now operating at full capacity since 1975.
Mr. Odio: That is the fire...I'm sorry... is the Black Archives that are going
in there. They had an option six years ago that I can remember. It's not the
Fire Department.
Mayor Suarez: He now has indicated that they would move anyhow because the
maintenance cost are too high and for other reasons, so really...
Mr. Odio: But it's...
Mr. Plummer: Yes, but it's not a museum.
Mayor Suarez: And it's not a fire museum or anything, it's Black Archives.
OK.
Mr. Bony: And over the twelve years, we have been operating at full capacity.
capacity, seventy-five. We are warning with , seventy-five per
cent of the time we can serve at a time and with the increase of more than two
hundred. By moving to the other facility we will be able to serve one hundred
eighty children. This situation of this big waiting list is not just
particular to Overtown Day Care Center. It's not only county - wide, it is
nation wide. So, this is good opportunity to address the needs of the
community, but really to serve from seventy-five to one hundred eighty, we
need your help and that has been cosponsorship with the City of Miami, so to
increase license capacity from seventy-five to one hundred eighty. That means
105 more and I am just coming to the City Commission and I ask for sixty-five
thousand to serve 105 more.
Mayor Suarez: I presume you are going to be working with Catholic Community
Services to the extent that I or any of the Commissioners can help you with
that we will, in case you don't get the funding here today. Cesar I don't
recommend you speak, because your program is being proposed to be funded
twenty-five thousand dollar which is what you asked for and it's very
dangerous for you to speak at this point.
Mr. Bony: Forgive me but I did not understand what you said.
Mayor Suarez: That we would help you with the other community services if you
would like, but in case you don't get the funding here today. (IN SPANISH).
Mr. Bony: Thank you very much.
MAYOR SUAREZ FURTHER CLARIFIES, IN SPANISH TO THE PUBLIC.
Ms. Lourdes Garcia: OK. Mayor and Commissioners, my name is Lourdes Garcia,
Director of Little Havana Child Care Program. We are located at 970 Southwest
1st, second floor in the Manuel Artime Community Center. I'm here today,
because from the City of Miami Community Development allocation for the
twelfth year, 86-87, the---.
Mayor Suarez: Excuse me for a second Ma'am, we have to make an announcement,
because some buses are leaving. (MESSAGE IS CONVEYED IN SPANISH THAT THE BUS
FOR THE USEFUL AGED IS LEAVING)
Ms. Garcia: OK.
4t:
87
July 24, 1986
Mayor Suarez: Go ahead, Ma'am
Ms. Garcia: OK. The total amount has been dropped from fifty-six four
hundred fifty ---to fifty-three thousand dollars. We need twenty-three
thousand four hundred fifty dollars to make up. You know, we need to serve
the clients in the community and we need this money. We have been in
operation for seven years in the same location. So, I'm begging here you
today to please consider the money for Little Havana Child Care. Thank you.
Mayor Suarez: Thank you, Ma'am. (IN SPANISH STATEMENT) We are almost there.
Go ahead, sir.
Mr. George Sammit: I said we have a presentation at the proper time.
Mayor Suarez: Please, please, we need quite, I can't hear you now.
Mr. Plummer: This is it.
Mr. George Sammit: Thank you, sir. My name is George Sammit. I live at 100
Southwest 52nd Place, where I have been for thirty-eight years. I have been
living... I represent the Spiritual Assembly of the Babies of Miami as
treasurer and public information representative. Also, representing the
Assembly here are Mrs. Elvita Haxston, Chairperson of the Assembly and Mrs.
Alice Evans, both live at 4601 Northwest 19th Avenue. All members of the...
Ms. Kennedy: I'm sorry, sir, what is the name you mentioned.?
Mr. Sammit: The Babie...Spiritual Assembly of the Babies of Miami.
Mr. Plummer: Sir, you are not here ... you are here for an individual item,
not for money from Community Development?
Mr. Sammit: No.
Mayor Suarez: Oh. OK.
Mr. Sammit: No, we don't want any money.
Mayor Suarez: No, no, we are only talking about those who made application
for the Community Development Block Grant funds.
Mr. Plummer: You money comes from a higher authority.
UNIDENTIFIED SPEAKER: No, we are Item 64, we thought this was at the....
Mayor Suarez: OK. You have to go through the procedure of applying, if you
program qualifies and you have done that this year. You can do it for the
13th...
Mr. Plummer: No, no, that...
Mr. Castaneda: Well, they are on the agenda for something else.
Mr. Plummer: There is something else
Mayor Suarez: You are on the agenda for something else. You will be heard at
that point.
Mr. Len Kaminsky: Yes, my name is Len Kaminsky, I represent the Haitian
Refugee Center. I really know there is no Community Development funds
available right now. However, the Little Haiti community does represent a
significant portion of the population of Miami, and we do provide needed
services, especially in translating, for the third language of Miami. We do
bring in quite a bit of money into the Miami area on a yearly basis, in the
excess of $300,000. We still need more money to provide the needed services
that are needed by the Haitian community. Up until now, from the City of
Miami, whether it is from the City of Miami, or from United Way, the most that
the Haitian refugee center has ever received was $10,000 that we got last year
from the City of Miami. I am only requesting that if money is found, that we
88
July 24, 1986
are given a high priority in helping our needed program. As of now, we have
already lost two paralegals, and these are needed people, especially in
translating for our Haitian community. Thank you.
Mayor Suarez: Call the roll on the motion and two or three modifications,
whatever number they were.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-621
A RESOLUTION AUTHORIZING $303,768 OF TWELFTH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE
APPROPRIATED BY ORDINANCE, AND $18,653 OF ELEVENTH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
APPROPRIATED BY ORDINANCE NO. 9991, ADOPTED MAY 9,
1985, TO THE SEVEN (7) HEREIN NAMED SOCIAL SERVICE
AGENCIES FOR APPROVED SOCIAL SERVICE PROJECTS; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS
OR AMEND EXISTING AGREEMENTS WITH SAID AGENCIES FOR
SAID PROJECTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; AND FURTHER EXPRESSING THE CITY COMMISSION'S
INTENT TO ALLOCATE ANY ADDITIONAL FUND BALANCE OF
ELEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR SOCIAL SERVICES IN THE FOLLOWING MANNER: THE
FIRST S20,000 TO CATHOLIC COMMUNITY SERVICES, INC. -
CENTRO MATER CHILDCARE AND ANY ADDITIONAL BALANCE OVER
AND ABOVE THE $20,000 TO COCONUT GROVE FAMILY CLINIC,
INC.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: (RECAPS IN SPANISH SOME OF THE ALLOCATIONS MADE) We are going
to have a five minute recess.
Mr. Dawkins: Hold it, before we get to recess, let me say one thing.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Before we get to recess, Mr. Castaneda, in this report on Page 2,
it says "staff recommended against the provision of administrative funding for
the St. John, and East Little River Development Corporation at this time."
Mr. Odio: Little Havana.
Mr. Castaneda: Right.
Mr. Dawkins:"....At present, neighborhood based economic development
corporations are receiving a total for community development fund..." what
does that have to do with housing?
Mr. Castaneda: Since some of the economic development groups are trying to
get into the housing arena, either the back way or the front way, so...
Mr. Dawkins: Well, are these two groups trying to get into the housing?
89 July 24, 1986
A
El
Mr. Castaneda: No, these two groups are.... want to be in the housing arena,
and they...
Mayor Suarez: Can they received funds from that?
Mr. Castaneda: Yes, This is the whole second part of the agenda.
Mr. Dawkins: OK, and again, you say: "The provision of administrative funding
to the St. John, and East Little Havana C.D.'s, would set a precedent for
future administrative funding, not if we said this was a demonstration." How
could we do it so that it would not be a precedent?
Mr. Castaneda: Well, let me explain what I mean by a precedent.
Mr. Dawkins: No, no, no. I know what you mean. I am just saying, how can we
do it so that we won't? As you say, we can't. That means, just say we can't.
Mr. Castaneda: Well, what you can do is that on the agencies that have been
funded by the Enterprise Foundation, or something like that, which both have
been.
Mr. Dawkins: OK, thank you.
THEREUPON THE CITY COMMISSION WENT INTO A BRIEF RECESS
AT 3:28 P.M. AND RECONVENED AT 3:42 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT COMMISSIONERS CAROLLO AND KENNEDY.
28. AUTHORIZE EXECUTION OF AGREEMENT WITH DAVID PLUMMER AND ASSOCIATES, INC.
FOR ASSISTANCE IN PREPARATION OF APPLICATION FOR DEVELOPMENT OF
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT (See label#12)
Mayor Suarez: OK, let's go back, this Commission please come to order. Mr.
Sergio Rodriguez, would you please take your seats.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. Dawkins: I pulled item 17 this morning, and I am now ready to recommend
it.
Mr. Plummer: Second. Item 17.
Mayor Suarez: Moved and seconded. That is Plummer's relative, OK. Any
further discussion from the Commission? Call the roll. We don't need
four/fifths on that, I hope.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-622
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND DAVID
PLUMMER AND ASSOCIATES, INC., TO PROVIDE NECESSARY
PROFESSIONAL AND TECHNICAL SERVICES TO ASSIST IN
PREPARATION OF A DEVELOPMENT OF REGIONAL IMPACT
APPLICATION FOR DEVELOPMENT APPROVAL AND SUBSEQUENT
DEVELOPMENT ORDER FOR THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT, USING FUNDS PREVIOUSLY
APPROPRIATED TO SOUTHEAST OVERTOWN/PARK WEST.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
90
July 24, 1986
seconded b Commissioner Plummer, the resolution was passed
„n Upon being Y
and adopted by the following vote-
k, AYES: Commissioner J. L. Plummer, Jr.
.. .
� Vice -Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Rosario Kennedy
29. EMERGENCY ORDINANCE: APPROVE ACQUISITION OF CERTAIN PROPERTY BY LEASE -
PURCHASE (See label 116)
Mr. Plummer: Mr. Mayor, I had also, this morning, asked for more information
on 25, in which these guys took advantage of me during lunch time, and made me
understand, and I am now ready, prepared to offer item 25.
Mr. Dawkins: Second.
Mr. Odio: Wait, wait.
Mr. Plummer: That is item 25.
Mr. Odio: That is the one I... yes, sir.
Mr. Plummer: For the record, Mr. Mayor, it was my understanding that we were
getting ourselves locked in to only a leased program.
Mayor Suarez: For that entire shopping list of items, right?
Mr. Odio: We amended...
Mr. Plummer: That is not the case, Mr. Mayor. This is to allow us one
deviation from the regular. It was in reverse, and I misunderstood it. On
the record, I still wanted to reflect that any leased equipment for the next
three years that comes from this fund, still has to be brought before this
Commission for approval, and to me, that was the clincher.
Mr. Odio: We amended the ordinance to reflect the thoughts of the Commission.
That is a new ordinance.
Mayor Suarez: We are approving the mechanism, but we are not approving any
one particular purchase under this mechanism.
Mr. Plummer: No, sir, that is not true.
Mayor Suarez: Are we approving any one particular purchase under this
mechanism?
Mr. Plummer: Yes, we are in fact, allowing them to back up for the last two
years of purchases made already.
Mr. Odio: That we are.
Mr. Plummer: Yes, you are authorizing that in that resolution.
Mayor Suarez: Purchases made already, and you are able to switch the
mechanism on this?
Mr. Plummer: Converted over to the lease program, yes, sir.
91 July 24, 1986
l�
(NOTE FOR TIE RECORD: Commissioners Carollo and Kennedy entered the meeting
at 3:45 p.m.)
Mr. Plummer: OK. I move item 25.
Mayor Suarez: That was stuff you guys purchased while I wasn't here, so I...
Mr. Plummer: Wait a minute • you have got to have four/fifths. I am sorry$
you have got to have four... oh, Joe is here. OK.
Mr. Odio: And Commissioner Kennedy.
Mr. Plummer: OK, I am moving item 25, I've got the information that I needed.
Mr. Dawkins: I second.
Mayor Suarez: Moved and seconded, item 25, having to do with the sale of
lease purchase certificates.
Mr. Plummer: Read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AUTHORIZING THE ACQUISITION BY
THE CITY OF MIAMI OF CERTAIN PROPERTY BY LEASE -
PURCHASE; AUTHORIZING THE PREPARATION, EXECUTION AND
DELIVERY OF A LEASE -PURCHASE AGREEMENT BETWEEN AN
EQUIPMENT LESSOR AND THE CITY, AS LESSEE, PURSUANT TO
WHICH SUCH ACQUISITION SHALL BE ACCOMPLISHED;
AUTHORIZING THE PREPARATION, EXECUTION AND DELIVERY OF
AN AGENCY AGREEMENT BETWEEN THE EQUIPMENT LESSOR AND
AN AGENT, PURSUANT TO WHICH THE EQUIPMENT LESSOR WILL
ISSUE CERTIFICATES OF PARTICIPATION IN SAID
LEASE -PURCHASE AGREEMENT AUTHORIZING THE PREPARATION
OF A CERTIFICATE PURCHASE AGREEMENT BETWEEN THE
EQUIPMENT LESSOR AND CERTAIN UNDERWRITERS, PURSUANT TO
WHICH LESSOR WILL SELL SUCH CERTIFICATES OF
PARTICIPATION TO SUCH UNDERWRITERS, WHO IN TURN, WILL
MAKE A PUBLIC OFFERING OF SUCH CERTIFICATES;
AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL
STATEMENT AND A FINAL OFFICIAL STATEMENT, EACH TO BE
USED IN CONNECTION WITH OFFERING SAID CERTIFICATES OF
PARTICIPATION TO INVESTORS; RATIFYING AND CONFIRMING
THE SELECTION OF UNDERWRITERS; APPROVING THE
NEGOTIATED SALE OF THE CERTIFICATES IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 TO THE
UNDERWRITERS AT AN EFFECTIVE INTEREST RATE NOT TO
EXCEED NINE AND ONE-HALF PERCENT (9-1/2%) IN ONE OR
MORE MATURITIES, NONE OF WHICH SHALL EXCEED TWENTY
(20) YEARS; AUTHORIZING APPROPRIATE OFFICERS OF THE
CITY TO TAKE SUCH INCIDENTAL ACTIONS AS SHALL BE
NECESSARY AND APPROPRIATE TO ACCOMPLISH THE LEASE -
PURCHASE FINANCING OF SUCH PROPERTY, INCLUDING, BUT
NOT LIMITED TO THE ESTABLISHMENT OF RESERVE FUNDS OR
THE PROCUREMENT OF CREDIT ENHANCEMENT TO SECURE SUCH
CERTIFICATES OF PARTICIPATION; REPEALING INCONSISTENT
ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL GO
INTO EFFECT IMMEDIATELY UPON ITS ENACTMENT; AND
DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO
SEPARATE DAYS BY A FOUR -FIFTH VOTE OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote-
92 July 24, 1986
A
0
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10141.
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: That lease -purchase agreement terminology is confusing, to say
the least. It could some day be the topic of an I.R.S. interpretation, but I
won't keep saying that because the City Attorney keeps telling me not to keep
saying that, but you know, that terminology, lease -purchase, I mean, it is
either one or the other, or a hybrid.
30. (A) WORSHAM BROTHERS IS TO HAVE UNTIL 15TH OF AUGUST TO NEGOTIATE
CONTRACT FOR INTERIM EXHIBITION SPACE.
(B) PROCEED TO COMPLETE DRAWINGS FOR INTERIM EXHIBITION SPACE; ESTABLISH
USERS COMMITTEE; SET PUBLIC HEARING FOR SAME.
(C) APPOINT MONTY TRAINER, HENRY NEVINS, AND LARRY FEEL TO THE INTERIM
EXHIBITION SPACE COMMITTEE.
Mr. Odio: Mr. Mayor, we've got a lot of people here on item 55. Agenda item
55.
Mayor Suarez: The interim exhibition space. The Commission wants to hear
that one? Commissioner Kennedy?
Mrs. Kennedy: Sure.
Mayor Suarez: OK, item 55. See, Sergio, if you had taken my advice before,
and you had sat down, you would be OK, now. Is it true that the proposed
expenditure here is $7,000,000, and would use up pretty much the entire
bondable capacity that we previously got from the Sports Authority?... between
that, and approximately $2,000,000 spent on the James L. Knight.
Mr. Odio: Yes, air, let me brief you on that on the James L. Knight. I have
been negotiating since I was instructed to sign that agreement with the Miami
Center developers, Worsham Brothers and Grossie. Tentatively they had agreed
to the terms that we proposed to them on Tuesday. Last night, Mr. Grassie came
in with a different proposal that we had agreed to, and I told him flat out
that it is not acceptable, and I don't think the City should in the rush to do
something that we need to do, agree with them one more time on something that
is unacceptable. I just told them that it is not possible for us...
Mayor Suarez; What is the range? What kind of figures are we talking about
altogether. Do you have any idea?
93 July Us 1986
Mr. Odio: The Knight Center, you are talking about $2,000,000 to $2,500,000.
We were authorized to $2,000,000. It depends on the buy—out of the stores.
As far as the...
Mayor Suarez: It is growing at the rate of $500,000 every three months.
Mr. Plummer: Exactly.
Mr. Odio: Well, the longer we delay this, more costly it will be, because the
store owners are smart. They will sit there and wait us out. The...
Mr. Dawkins: Why should they wait us out? Let it go.
Mr. Odio: That is exactly what we are doing, sir.
Mr. Plummer: Well, what they are doing is, one is jockeying for position
against the other, and using us as the whipping boy.
Mr. Dawkins: Well, then, let's get out of it and let them know.
Mr. Odio: Well, yes, sir. I told Mr. Grassie this morning, informing that
their terms are acceptable to the City of Miami.
Mr. Dawkins: OK, I make a motion that we instruct the Manager to go back to
Mr. Worsham with our original agreement and if he does not accept it, then the
deal is off.
Mr. Plummer: What was the original agreement?
Mr. Odio: Well, it is kind of technical stuff. We are talking about...... it
is very important to the City to get 500 parking spaces in the parking garage
that we own that, because of the original agreement that was signed between
the City and the developer, we had to reserve 500 parking spaces. They are
not using those parking spaces, and they refuse to release them, and part of
this agreement is that they have to release the parking spaces, and they are
refusing to do so.
Mr. Plummer: How much hard cash?
Mr. Odio: We are exchanging square footage for square footage. We have
22,000 square feet that we own, and we are getting 30,000 in return. The
22,000 square feet is meeting room space we have on the side of the hotel that
we do rent and...
Mr. Plummer: Is their hard cash involved?
Mr. Odio: There is no hard cash involved. This is just strictly exchange of
square footage. We get 32,000 square feet, they get 22,000 square feet, but I
think the parking spaces are so important to us, and it is hard cash by the
way, because we...
Mr. Dawkins: Where are the parking spaces? Where are they located?
Mr. Odio: In the parking garage.
Mr. Dawkins: Is that the same parking garage that we are subsidizing at
$5,000,000 a year?
Mr. Odio: Well, the parking garage is part of the Knight Center proper, so
the parking garage is now at a profit. We are not subsidizing... the one that
you are talking about is the Government Center garage at the tune of
$1,200,000 a year.
Mr. Dawkins: And which one are we talking about the space in?
Mr. Odio: The Centrust Tower parking garage, if you want to call it...
Mr. Plummer: Which broke even, I think, the first time this year.
Mr. Dawkins: Well, the Centrust Tower is not the same as the Knight Center
parking garage?
94 July 249 1986
Mr. Odio: No, it is next door to the... the parking garage is part of the
Knight Center's operation, yes.
Mr. Dawkins: But, the Centrust building is built on top of that, isn't it?
Mr. Odio: Yes, sir.
Mr. Plummer: Yes.
Mr. Odio: But, the developer, Worsham brothers, when they signed an agreement
with the City, they kept...
Mr. Dawkins: Under Howard, with Howard Gary.
Mr. Odio: Under Joe Grassie. They reserved... Mr. Gary inherited that
problem.
Mayor Suarez: Under Joe Grassie, who is now negotiating on the other side!
9
Mr. Odio: Exactly. They reserved the 500 spaces and those 500 spaces are
needed, first of all, for the tenants of the Centrust Building, and also to
enhance our profit there. They...
w.
Mr. Dawkins: But, if... go ahead, I am sorry, Mr. Manager.
`
Mr. Odio: I think it is so important, that is as important as the tax base we
would get for the Gallery on.....
Mr. Dawkins: Now, are you saying that we are no longer subsidizing the Knight
Center parking garage?
Mr. Odio: No, sir, the parking garage, we are not.
h'4x
Mr. Dawkins: Well, what are we subsidizing?
Mr. Odio: The Knight Center, the auditorium and the meeting room space that
we have. This year, I saw the budget, it is about $4,000,000 subsidy.
Mr. Plummer: Well, I will tell you how to do it. I will make a motion at
'
this time that Worsham Brothers, whatever the name of the company is, has
until the 15th to negotiate a contract and if they don't, it is null and void.
-
Mr. Dawkins: Along the lines that we agreed on, or are you going to let them
negotiate in their language?
Mr. Plummer: Oh, sure. No, no, no.
Mr. Odio: I think it should be under our terms.
Mr. Plummer: Oh, yes.
Mr. Dawkins: I will second that motion.
Mr. Odio: It is called, Miami Center Associates.
Mr. Plummer: Let's just bring it to a conclusion, that is all.
Mayor Suarez: Put in a dead line. Moved.
_-
Mr. Odio: If I may, to finish... we have then, if we use $2,000,000 there, we
have $8,000,000 left; technically, I think you will end up with about
$7,000,000, because of all the expenses involved.
Mr. Dawkins: And if they don't negotiate, you got $10,000,000.
Mr. Odio: And if they don't accept that, then we can use $10,000,000
- -
somewhere else, and what we propose, and that is why we are here, to ask you
a policy question whether we should make a permanent facility like we have in
Dinner Key, a real and truly a convention center.
95 July 24, 1986
Mayor Suarez: You know, Commissioner Dawkins' point is absolutely essential,
because if you don't give a deadline, you give the impression we are going to
negotiate forever, even though they might be in trouble right now, and some of
those people might not be able to pay their rent, barely. They are paying
them just to have their leases in effect, so that they can negotiate with us,
whereas if they know they have a deadline, that is it, they negotiate or...
Mr. Odio: Let me make it simple, Mr. Mayor. It is to their convenience to
convert that into a flat space, because they will benefit from it because they
own the hotel tower.
Mayor Suarez: From the Hyatt's viewpoint, right.
Mr. Odio: We do not get rent from the hotel, so if they want to get more room
occupancy in the hotel, they had better do this, and we are not going to
change the terms.
Mayor Suarez: Call the roll on the motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-623
A MOTION OF THE CITY COMMISSION DIRECTING THE CITY
MANAGER TO INFORM WORSHAM BROTHERS THAT THEY HAVE
UNTIL THE 15TH OF AUGUST, 1986, TO NEGOTIATE A
CONTRACT WITH THE CITY IN CONNECTION WITHIN INTERIM
EXHIBITION SPACE UNDER THE TERMS OF THE ORIGINAL DEAL
FURTHER STIPULATING THAT IF NO CONTRACT IS COMPLETED
BY THEN, THE DEAL SHALL BE CONSIDERED NULL AND VOID.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Now on the Dinner Key, why are you recommending, or are you
recommending that we spend almost..... the entire fund on that?
Mr. Plummer: Well, Mr. Mayor, before we do that, I've got to put something on
the record that I don't want to.
Mayor Suarez: Yes, and besides that, we have got your committee still
functioning.
Mr. Plummer: No, no, I've got to put something else on the record, OK,
because my committee is the one who has brought it out.
Mayor Suarez: Did you say the hell with this committee, is that it?
Mr. Plummer: I am saying the hell with the Sports Authority, maybe.
Mr. Dawkins: N00000l Not you, not youl
Mr. Plummer: Mr. Mayor, I had an absolute, and I have a letter from the
chairman of the Sports Authority that was negotiated out, in which this City
would receive the $10,000,000. I have to announce to you at this particular
time that there were stipulations attached to that money that were unbeknownst
to us negotiated by the Sports Authority. It is now believed, or reasonable
to believe, that there is a good possibility that this City will not, not
receive that loan. That loan will not be made.
96 July 24. 1986
Mr. Dawkins: Yee hoot
Mr. Plummer: I tell you that I have a letter, which I have furnished a copy
of to the Manager, in which it was stated that it was simply, "Write a letter,
request, and we will send you a check." Now, Mr. Bailey is going to be, as of
lunch time today, is going to be directly involved in trying to get this money
into the coffers of the City of Miami for which it was promised, OK? So, I am
putting on the record that that $10,000.000 is not easily going to be
assimilated into the City of Miami as easily as we originally thought. It is
with the hope and desire that Mr. Bailey, with a big stick and a whip, is
going to be able to do and make them live up to the promises that they made.
So, I am just putting on the record that there were certain stipulations
unbeknownst to us, that were attached to that loan, and I want to tell you for
the record, Mr. Bailey indicated from the very beginning, that there could be
a potential problem. So, I am just putting that on the record at this
particular time that there is that possibility.
Mr. Dawkins: Mr. Mayor, is a motion in order? I make my motion again, that
we dissolve the Sports Authority Board. Can I get a second?
Mr. Plummer: Oh, boyl (LAUGHTER)
Mrs. Kennedy: Here we go againl
Mayor Suarez: One of these days it is going to happen.
Mr. Dawkins: OK, go right ahead, my motion dies for lack of a second again.
Mr. Plummer: Wait, wait, wait!
Mr. Carollo: Second.
Mr. Plummer: May I please, to my colleague Dawkins, I would like the
opportunity to be given to Mr. Odio and to Mr. Bailey, if I said anything on
the record that is not correct, I would like you to have the opportunity to
refute it, or correct me if I am wrong, please.
Mr. Herbert Bailey: You are correct, Commissioner. in fact, we are meeting
right now.
Mr. Plummer: Unfortunately, I am correct.
Mrs. Kennedy: This is the first time I hear about that, I was...
Mr. Carollo: It is totally irrelevant. We have a motion and a second.
Mr. Dawkins: Mr. Mayor, we have got a motion and a second to dissolve the
Sports Authority.
Mr. Plummer: No. excuse me, you can't dissolve it. You can reappoint the
board.
Mr. Dawkins: I mean... well, get rid of the board and put some new members
in. I can do that.
Mayor Suarez: When does the natural term of those members expire? I mean,
under discussion, here.
Mr. Plummer: In 45 years!
Mr. Kennedy: As long as Bayside's lease expires!
Mayor Suarez: Along with their natural lives, I guess. huh?
Mrs. Kennedy: Could you address the issue of the $10,000,000, please, because
I was not aware that that...
Mr. Plummer: OK, very simply, there were stipulations, unbeknownst to us,
that was placed on the $109000,000 loan. They called it the senior loan and
the junior loan. The senior loan was the $38,000,000 for the Sports Arena
itself, with $10.000,000, the junior loan, coming to the City of Miami to do
something to address the problem of the exhibition space for the screaming
97
July 24, 1986
A a
that was going on. We now find that we did not know that there were
stipulations. Mr. Manager, I wish... would you please release a copy of that
letter. It was a letter, by the way, directed to me, that is why everybody
didn't receive it. I furnished the Manager a copy and under about eight
different conditions of my not going to New York, and screaming and hollering
and stopping the entire loan, one of the conditions was that we would get
$10,000,000, "Send me a letter of request, and I will send you a check," and
that is what we understood. Now, there are time frames involved that I don't
know that anybody could legitimately make the dates of the time frames, OK?
So, there are problems, and I just wanted to put that on the record, and I
would hope that you would supply a letter to each one of my colleagues that
was sent to me directly.
Mr. Dawkins: Is that anything different from the way they have been operating
ever since they have been in existence, Mr. Plummer? The way that the Board
is operating now, is that any different than the problems I've been having
with them all along?
Mr. Plummer: They would have to answer that, but my answer is, no, they are
not doing anything different today than they did before.
Mr. Dawkins: OK, thank you, that is good.
Mr. Plummer: Commissioner Dawkins, could I plead with you to alter your
motion just a little?
Mr. Dawkins: I don't know, you can try. Let me see what you have got to say.
Mr. Plummer: Do I have to register as a lobbyist? I would hope your motion
would read that it is the intent of this Commission to consider redoing the
makeup of that board at our next meeting. Your motion as it stands is
absolute.
Mr. Dawkins: OK, only if that is our intent when we meet.
Mr. Carollo: I will withdraw my second.
Mr. Dawkins: Joe, you are right, only if that is the intent when we meet.
You see, before, Joe, you remember when they put it in the newspaper and they
come running down here? We say, OK, let's give them another chance, OK, so
now, if we are going through an exercise in futility, there is no sense, but
if you are really and truly talking about replacing them next meeting, then I
am for it.
Mr. Plummer: Well, let me ask this question, and I might vote with you......
Mr. Odio: What if we get it with $10,000,000?
Mr. Plummer:. -...there is nothing in that motion contained that prohibits me
from reappointing those members which I feel have served honorably.
Mr. Carollo: Who are those?
Mr. Plummer: I am not naming them.
Mrs. Kennedy: Not at this meeting!
Mr. Dawkins: Yes, that you can get three votes for it, no. You can't
arbitrarily appoint them, but if you appoint one that gets three votes, yes.
Mr. Plummer: Let me tell you, I'd like to vote for it, but let me tell you
why I can't. I am scared to death that that would send a message to the
N.B.A. that this City is playing games.
Mr. Dawkins: Oh, shame!
Mr. Carollo: You had better believe itl
Mr. Plummer: OK?... I am scared to death of that.
Mr. Carollo: No, you had better believe it. Not only that, let's ....you
know, be frank about it now, even though there might be some differences of
98 July 24, 1986
opinion that some of us might have with the way that some of the decisions are
coming about, I think, overall, we have to admit they have done a good an
honorable job.
Mr. Plummer: I have disagreement with them, of course. Let's let them break
ground on August 4th, isn't that the date?... and then we will talk about
the...
I
I Mr. Dawkins: Well, wait until we sign the N.B.A. contract, and then we come
i back and reconsider it? OK, I will buy that.
1
Mr. Odio: Could I go back to the main question? What should we do about
Coconut Grove Exhibition Center. I would like to know your...
Mr. Dawkins: We don't have any moneyl
Mr. Plummer: No, no.
Mrs. Kennedy: I like the idea of a permanent facility, personally. You know,
the Exhibition Center lacks in meeting rooms. None of the hotels in the area
have meeting rooms. And we can't bring institutions like the A. S.T.A.
<r=
Convention here without the proper adequate space, permanent space.
Mr. Odio: That is the problem we have, Commissioners and Mayor, that we do
'
not have a permanent facility within the City limits, that if we use this
money for a temporary facility, it would just be that, temporary, and we
wouldn't have a facility that we could keep afterwards. This one, if we make
.:
it a convention...
H
Mayor Suarez: Wait, I am not sure that you are both saying the same thing,
here now. She is implying that she would be willing to spend the money... I
thought that is what she was stating, for improvement of the Dinner Key
}
Exhibition.
Mr. Odio: Well, if she is for that, that is what I am asking for.
'
Mr. Plummer: Well, I think, let me just say...
Mayor Suarez: Now, you are not calling it interim, now you are calling it
permanent.
a
Mr. Plummer: Let me talk from the committee's standpoint, and I am not
speaking for anyone other than myself, that I am member of the committee. Mr.
Mayor, the strong argument which I have heard, as you know, the only proposal
which we have heard before the committee, and we will have our final meeting
on the 31st, is an argument that has said that there has been offered to the
committee, a temporary, a stopgap, in the Jefferson store, that that could be
fixed up and in operation before the end of the year, and it was proposed as
we came out, within the neighborhood of about $5,000,000, and they would not,
_
in any way, indicate that they wanted to go on a lease more than five years.
Now, the strong argument is, that after five years of paying them $5.000,000
in rent, all we have got is receipts, as opposed to if we were to, for
'
example, increase, or spend the money on Dinner Key. Whatever improvements we
make to Dinner Key are ours, and that that would be... but at no time, was
>:
there ever any indication to me that this would be any more than a stopgap, or
a temporary, as was proposed by the Jefferson store, that we still wanted to
-=
pursue a full and permanent exhibition hall.
Mayor Suarez: OK, but here is the thing, and this is difficult trade-off that
we face, because I don't think anyone is against the concept of having an
improved facility in the Grove. Absolutely, I think everyone in this
Commission would be in favor of that. If we use the remaining $7,000,000 for
this, and let's face it, we may end up with the other $3,000,000 being used
==
up, as you indicated, assuming we get the ten; then we don't have seed money
for any other project. I understand that $10,000,000 is not going to do it
--
anyhow, nor is $7,000,000, but...
_ Mr. Plummer: No, that is not true, Mr. Mayor. It depends, and here again, I
am sharing with you acme thoughts, or the opinions of the committee. At the
particular time the only site that offers any immediate infusion of dollars is
the site across the street, that is the Olympia -York proposition, and that
does have a possible route to travel of not only bonding from the Off -Street
99 July 249 1986
F:
k Parking Authority, but the money now being changed by the State of Florida,
a
says that in fact, the money that we have already put in the bank for the
bifurcation could be used for land acquisition, so those are potentials.
Mayor Suarez: But, I mean, we lose what we would have had in nice, easy, cash
for seed money for any financial schemes, that is all I am saying. We want to
i
be mindful of that, that it would be depleted down pretty much to zero.
Mr. Odio: No... I... that...
Mr. Plummer: But, here again, whoa, now, Cesar please, let me finish.
Mr. Odio: OK.
Mr. Plummer: The other source, Mr. Mayor, of course, has to be, that the
source of the tax is originally there. Needless to say, at this particular
time, all of those dollars are committed to build the present facility for
just at $50,000,000. There is going to be additional monies that will be
forthcoming from that source, as...
Mayor Suarez: When you are talking about the present facility, you mean
there, the Sports Arena?
Mr. Plummer: Exactly, OK, but the source of funding...
Mayor Suarez: From bed tax, we can have additional bondable capacity from
bed tax?
Mr. Plummer: Oh, sure, sure, but now, your problem is...
Mayor Suarez: Has anybody calculated what that would be?
Mr. Plummer: Yes, at least five years, not dollars.
Mr. Odio: J.L., the money is restricted anyway, to use for temporary, or
permanent facility.
Mr. Plummer: Yes, I understand that.
Mr. Odio: The $10,000,000 are restricted to what use you can......
Mr. Carollo: How many square feet do we have over here?
Mr. Odio: We have 100,000 square feet on the roof, which is a good mid -sized
convention center for about..... 60 percent of the conventions out in the
market can use it if we had the meeting rooms, and this money would add
about... it would make it around 145,000 net square feet.
Mr. Carollo: 145,000 square feet, or...?
Mr. Odio: Yes, square feet. That would be a good convention center. We
still would need 200,000 square feet more downtown to service the other...
Mr. Plummer: May I suggest to you, as I said, the committee is meeting for
its final time on the 31st, and I would hope someone from this administration
would come down to that meeting on the 31st and make this presentation. All I
have seen to this date is this diagram on the top. I think what we need to do
so that we can draw together some logical conclusions, is to send this to the
Administration and ask them to come back to this Commission with some numbers
attached to this thing. You might be talking $21,000.000, or you might be
talking $4,000,000, I don't know, but I think what you need to do is send it
to the Administration to refine it and come back with some numbers, because at
this point, all we have to go on is a drawing.
Mayor Suarez: And when you do that, I have just an idea that occurred to me
in the last couple of days. I think we ought to negotiate, if we are going to
take the bulk of that money to build something in the Grove, and it may make a
lot of sense to do it, negotiate with the hoteliers in the Grove to see if
they would at least agree to provide some sort of a transportation system back
and forth among the hotels, require their cooperation, and have them come up
with something that would allow people to use this facility from any of the
hotels and get some concession from them. We would be spending all of the
100 July 24. 1986
available
cash
for one area of the City, and I would hope that we would
negotiate
some
kind of concession from the hoteliers in this area, given that
the other
areas
are fighting also for the same money.
Mr. Odio:
But, can we do this, what you are asking, Commissioner Plummer at
the same
time,
to expedite this process, if you choose to... you know we could
ask for bids
to see what this would take to build this. Until the bids are
in, you know,
get the estimate on the project and then ask for bids and then
t'
i
you, you
know
...
j Mr. Plummer: All right, let me ask you this question. Have you or your
people sat down and gone through this thing to the extent to say that
$7,000,000 will do what has been before us at this present time?
Mr. Odio: Yes, the Convention Center people met with the architect that had
i been doing this pro bono and they came up with the figure of $7,000,000 based
on the architect's recommendation that this is what it would take. So I
suggest you can advertise, get the proper architect to proceed with this and
get it down to black and white on actual bids.
u.- v,.immar• wt,At an you think that architectural A & E would cost on this?
Odio: Well, if it is $7,000,000 you're talking 2 to 4 percent of
the project as fees. We could do the preliminary for $50,000 but
into construction you're talking about two to four percent ...
Mayor Suarez: We can barely see you
quickly Joanne then Skip and Monty?
Mrs. Joanne Holshouser: Joanne Holshouser, 4230 Ingram Highway, Coconut
Grove. At the time this came up with Woody Wiser and Marty Margoles, Monty, I
believe you were here that day too, I'm not sure, but the Civic Club was
behind it then, I think it is a marvelous idea, we've always thought it was a
turkey but if it is a turkey we can make it lay a golden egg for Coconut Grove
and the rest of us. The one thing about it though, that we need to watch is
not just the transportation which is a great idea, we absolutely need a
trolley service, but I would appreciate it if those of you who weren't sitting
then would look back and those of you who were would look back and reconsider
the Taft Bradshaw alternate Dinner Key Plan which involved throwing a parking
wing around there with more exhibit space on the top. We're going to need
parking there, I still think that would be an ideal solution, I'll be happy to
bring the plans up if you don't have them, but I think that Coconut Grove
deserves a good facility and I think it will be used no question. I think it
is wonderful.
Mayor Suarez: Did anyone estimate
improvement that you're......?
Mrs. Holshouser: Not really, there was some feeling about it would block the
view of the bay and I invited everybody to go out and stand at the
intersection and you can't see the Bay anyway. I think that we need to look
again though, there will be a need for parking. If we can do two layers of
parking and a layer on top for separate exhibits or parties I think that will
bring in revenue all the time.
Mayor Suarez: I certainly wouldn't want that possibility to be foreclosed
the consideration of different alternatives, if that made more sense.
Mrs. Holshouser: I can't speak for Tigertail, but I think Coconut Grove
Club and some of the other groups will come forward and support you on
we need it.
Mr. J. J. Shepperd:
Association.
Mayor Suarez:
Miami Hotel
Mr. Shepperd: We at the Hotel Association plan to use this Coconut Grove
Convention Center as a satellite, we plan to use this to help and assist our
downtown hotels with transportation and so forth. We also in conjunction and
discussing this with Monty and with John Phillips the architect, John Nichols,
I think, we also are going to participate, the hotels, in the operation of
this and assist in whatever way we can through the payment of a certain amount
of moneys for every room that is occupied by a conventioneer. So we do have a
plan.
Mayor Suarez: When you say we, Skip, are you speaking on behalf of all the
hoteliers downtown as you were?
1
�
Mr. Shepperd: Well, I'm speaking of the hotels downtown and I'm sure Monty
could speak for the hotels ...
Mayor Suarez: No, but you're speaking on behalf of all of the, not just the
DuPont Plaza.
Mr. Shepperd: Oh, no, the hotels downtown, yes, Greater Miami.
Mr. Carollo: I didn't know Mr. Trainer had gotten involved in the hotel
business now too.
Mr. Monty Trainer: Not yet. I'm Monty Trainer, Coconut Grove. Mr. Mayor and
Commissioners, we have the greatest opportunity right now. For two years,
three years we've been sitting here without any exhibition space anywhere
except on Miami Beach when they let us use it, if they let us use it. The
City of Miami is in position now, when we go out to book conferences we have
no place to book them because we have no exhibition space. Go to Tony
Pajares, our Convention Director - we've got the greatest sales people in the
world and no place to put anybody; and then you want us to add new hotels
downtown, new hotels in the Grove and we don't have any exhibition space. We
have a great opportunity here, we own the property, I'm saying we, the City,
we don't have to go out and mortgage the farm to get it. We don't have to
come down here to the Jefferson store for $5,000,000 and get no return on our
money, this is ours, we own it forever and ever and ever. Nobody can ever
take it away from us. It will be used forever because when you put $7,000,000
there and turn it into a first class facility you add the 55,000 square feet
and you put a front entrance out there on Bayshore Drive where it belongs, get
rid of that gas station, put in a great sign out there that says the City of
Miami and we're proud of it then you've got something. Right now we don't
i sr
fa
have anything. We need some tools to work with. We just went up to Orlando,
our whole group, Tony and the Convention Bureau, they built a tent for a
million dollars for a three day conference. They've got 55,000 hotel rooms,
the Marriott just opened up with 1500 rooms and in that hotel they put 200,000
'`-
square feet of exhibition space. They already have two convention sites.
What are we going to do? $7,000,000 is not all the money in the world, if
that's all the seed money we've got for an exhibition hall we're in big
trouble.
�...
Mayor Suarez: Monty, we've heard of estimates of what percent of the national
conventions we can go after assuming we have x-number of square feet of
exhibition space.
Mr. Trainer: 60 to 70 percent.
Mayor Suarez: With this facility the way you're proposing to modify it, we'll
be able to compete for 60 to 70 percent?
Mr. Trainer: Yes. And then if we get the bonus of the Knight Center we can
go after another ten percent. But the bulk of it, 60 to 70 percent we can go
after tomorrow.
Mayor Suarez: Even though it is only 100,000 square feet of free standing ...
Mr. Trainers: That's right, most of the conventions are that size. We worked
with all the meeting planners and we had them meeting with us over there on
many different occasions and we've even worked it so that the Dinner Key
Auditorium, the Coconut Grove Exhibition Hall can house the complete ASTA
convention in that one spot. 'We've got enough meeting rooms, we've got enough
dinings, we can do the whole ball of wax right there.
102 July 24, 1986
=,r
i Mr. Dawkins: Mr. Trainer, before you go any further, it is customary to give
you name and address, give us either one you want.
Mr. Trainer: Which name or which address? I have a number of AKA'S
(LAUGHTER) What we need in Miami and Dade County, and I'm saying Miami first,
Dade County second, is we need to develop destination centers. If we're going
to compete, and we want this good clean tourist dollar or the industry it will
bring or it attracts, we need destinations. We need things like the Breakers
Hotel in Palm Beach where they have golf and tennis and everything like this
and maybe this can be developed on Key Biscayne. But Coconut Grove is a
happening place, it is a known destination. Everybody in the whole world
knows Coconut Grove now. We've got the greatest waterfront, we're the
sailboat center of the world, why not capitalize on it? Put walkways,
boardwalks and turn the whole thing into a park with the convention center
i
right in the middle. It is fantastic. It is like having a fisherman's wharf
without all the retail around. I encourage you to go for it.
Mr. Plummer: What is the administration recommending? Are you still the
Manager?
Mr. Odio: I'm the Manager of the Month.
Mr. Carollo: It was Manager of the Week.
Mrs. Kennedy: No, it is getting better.
Mr. Odio: I'm perturbed about information I just received from Mr. Bailey, he
has been negotiating on this $10,000,000 and he is telling me that we should
not be counting on the $7,000,000, the way it looks right now they are very
doubtful that the most we can count on is $3,000,000 and I hate to recommend
to you that we go ahead with this process ...
Mr. Plummer: Well, I want to tell you something and I'm going to tell you on
the record very quickly. If, in fact, this City does not get that
$10,000,000, my friend, Miller Dawkins won't have to make the motion.
Mr. Odio: Are you hearing that, Herb?
Mr. Plummer: OK? I am telling you that I personally will lead a drive to get
rid of all nine members of that Board because not only did the chairman make
that, he made it in concert with his board members. Would you give me that
letter, please? I want it.
Mr. Carollo: Mr. Trainer, I think this is a good time for you and J. J. to
take off. There's two members out of the nine.
Mayor Suarez: And you know, premised on that understanding we went ahead with
the Sports Arena.
Mr. Plummer: Are you sending for a copy of that letter I gave you? I want to
read it into the record.
Mr. Odio: OK. While we do that, I will recommend this, I; think we do need
this facility as a permanent convention center and that if we can add another
one in downtown Miami five or six years down the line we should do that too
and I recommend this very strongly, provided we have the funds.
Mr. Trainer: Is there a possibility that we could pass today, contingent upon
the fact that we get the $7,000,000 and if we don't get the $7,000,000 let us
go out and find some way to get the $7,000,000, but let's get off our duffs
and do something.
Mayor Suarez: My only concern really is the committee, I mean we have
established the committee to indicate to us how to proceed on an exhibit hall
and, you know, if the chairman of the committee who sits here is comfortable
with the fact that this will not in any way impede the rest of their
deliberations and recommendations or is in line with them or makes sense as a
stop gap measure or an interim measure or whatever, I have no problem.
Mr. Trainer: Mr. Mayor, I feel comfortable with the fact, with the people
that we have involved in this City, if we've got a commitment that the City is
103 July 24, 1986
h willing to let us go ahead and do something with that Coconut Grove Exhibition
€ Hall, if we can't get that bed tax money I feel fairly certain that we can go
out and raise the money some place. Everybody is not asleep a the switch
here, we can do something in the private sector if we have to.
t' Mr. Plummer: Mr. Mayor, let me try to resolve your dilemma, and, of course, I
appreciate your concern for a committee which I'm sitting on. I think that it
i would only be fair that we go ahead as I hear being recommended that we go to
the procedure of getting the drawings done and we approve the Manager to
proceed, coming back here on what did you say, the llth of September for final
approval of this Commission predicated on no one of the committee on next
Thursday raising any serious objection or the committee taking a vote of its
members and the majority rule. Now, if that will help you resolve that issue
I would ...
Mr. Carollo: I think we should go further than that. I think that we should
establish a committee that would be a committee precisely to accomplish this
at the exhibition hall next door here. At the same time, I think that when we
meet again for this item we should make that a public hearing so that anyone
else who would like to speak in favor or against can express their views of it
before we vote upon it that last time.
Mr. Plummer: Joe, I think that you're speaking about something different than
that which the Mayor spoke of and that was the committee already existing
which I've been chairing for six months about the exhibition site.
Mr. Carollo: I'm speaking about a new committee just for here that would work
in conjunction with yours and report to yours. It is totally two different
things. I think you need an organizing committee to present this plan and
bring it forward and I think maybe what we could do is each of us name one
person to that committee. Mr. Manager?
Mr. Odio: If we can proceed with the drawings, because until we have
something that we can look at and numbers ...
Mr. Carollo: I realize what you're saying, but if you have a committee that
could be working with those drawings in bringing up new ideas and maybe the
private sector could finance a good portion of this if not all.
Mr. Odio: Let me suggest a users' committee because those are the ones
affected, a user's committee.
Mr. Carollo: Sure. What I'd like to see is for the Commission, and this would
be my motion, to each of us appoint someone to that committee and for the
administration to appoint two people to it.
Mayor Suarez: Yes, it doesn't in any way impede or go counter to the motion
made by Commission Plummer, it is in addition to it, right?
Mr. Carollo: No, no, not at all.
Mrs. Kennedy: I second your motion and I appoint Monty Trainer to that
committee.
Mr. Carollo: He didn't have a motion yet, he was talking about what ...
Mayor Suarez: I thought that basically he was given the go-ahead subject to
coming back on September 4th and what was the import of your motion or your
proposal, Commissioner Plummer? I want to incorporate both into one if we can
so we can get this resolved.
Mr. Plummer: Mr. Mayor, let me read into the record, if I may, please. This
is a letter dated December 17, 1985 on the Miami Sports and Exhibition
Authority, signed by its Chairman, Lawrence 0. Turner Junior. I will take out
of context and read the following paragraphs. The first refers to the arena
as proposed:
"Simultaneously, the Authority approved the issuance of a
subordinate bond issue for the funding of a temporary/permanent
exhibition hall project and authorized the execution of a note -
purchase agreement and a series resolution for that purpose. The
authority also approved a resolution authorizing the disbursement
104
July 24. 1986
of the proceeds of the $10,000,000 subordinate obligation bond
issue to the City of Miami upon the request upon the request of
the City of Miami Commission to utilize these funds for the
construction of a specified temporary/permanent exhibition hall."
OK? Now, to me that was very clear and that is on their letterhead and signed
by their chairman.
Y-
Mayor Suarez: All we have to do is ask for it.
f
Mr. Plummer: Well, we have. OK? And now they're telling us that there are
all kinds of stipulations attached to that request. So I just want to get
right with this Commission to let you know that that which I negotiated, as an
f ;
individual not as a member of this Commission, that that, in fact, was the
1
obligation of that Authority. Mr. Manager, I give you that letter back.
Mayor Suarez: That was represented to this Commission right here in Chambers
by its chairman, if I remember correct.
Mr. Carollo: J. L., can we vote upon this motion? One is that we name a
committee of seven, one person on that committee appointed by each member of
this Commission and two by the City Manager; that we go ahead and have the
drawings and plans made, be brought back to us in the first meeting of
September.
Mayor Suarez: Preliminary designs.
Mr. Carollo:.... preliminary designs, of course. And secondly, that that first
meeting of September be made a public hearing on it. I so move.
Mrs. Holshouser: Could we ask that you add the parking as part of it, looking
at the parking?
Mr. Carollo: She's talking about additional parking.
Mayor Suarez: Yes, that can be looked at.
Mr. Carollo: The committee could certainly do that.
Mrs. Holshouser: We could just look at it.
Mr. Carollo: Yes. These are the kinds of things that you could direct to
the committee once it is formed, and they should look at.
Mr. Trainer: Commissioner Carollo?
Mr. Carollo: Mr. Trainer.
Mr. Trainer: We've had a committee for two years, Woody Weiser, Marty
Margoles, Shay Treister, myself, Marshall Steingold, Tony Pajares, Skip
Shepperd, they've been working on a single purpose and that is the Coconut
Grove Exhibition Hall.
Mr. Carollo: Well, it has been an unofficial committee and now we're going to
make you official.
Mrs. Kennedy: Monty, have you had any women in that committee?
Mr. Odio: They don't know anything about conventions.
Mr. Plummer: There are a few on there that are questionable.
Mrs. Kennedy: I withdraw my nomination to you, I'll appoint a woman. Just
joking.
Mr. Carollo: So moved.
Mayor Suarez: Seconded?
Mrs. Kennedy: I second,
Mayor Suarez: Any further discussion? Call the roll.
105
July 24, 1986
F
7
i
4}
f
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-624
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PROCEED TO COMPLETE THE DRAWINGS FOR THE PROPOSED
TEMPORARY/PERMANENT EXHIBITION HALL PROJECT; FURTHER
DIRECTING THE MANAGER TO ESTABLISH A NEW COMMITTEE (A
"USERS COMMITTED") COMPOSED OF SEVEN MEMBERS (ONE TO
BE APPOINTED BY EACH COMMISSIONER AND TWO TO BE
_ APPOINTED BY THE MANAGER); FURTHER DIRECTING HIM TO GO
AHEAD AND HAVE THE DRAWINGS AND PLANS COMPLETED AND
BROUGHT BACK TO THE COMMISSION BY THE FIRST MEETING IN
SEPTEMBER; AND FURTHER DIRECTING THE MANAGER TO
ADVERTISE SAID MEETING AS A PUBLIC HEARING.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mr. Dawkins: Are all the members named?
Mr. Carollo: No.
Mrs. Kennedy: We have to appoint them.
Mayor Suarez: I want to indicate that reservation previously made by
Commissioner Plummer, and I don't think we're countering that in any way that
the Committee that he heads previously appointed by this Commission should
look at this and make sure that it doesn't in any way conflict with what
they're about to recommend, otherwise we're really stepping on our own toes
here.
Mr. Carollo: That's clear. I'd like to make my nomination now, I nominate
Monty Trainer to the committee.
Mrs. Kennedy: I thought I had done that.
Mayor Suarez: I thought you had taken it back in favor of a woman.
Mrs. Kennedy: I said I was joking. Can you take a joke? I'll come up with
my nomination this afternoon, I'll find a good woman.
Mr. Carollo: You speak Spanish, right, Mr. Trainer?
Mayor Suarez: So moved and seconded. Call the roll on Monty Trainer, he
might lose if he leaves.
Mr. Plummer: I'm going to vote yes if it's not a conflict. Is it a conflict
with Mr. Monty Trainer sitting on the present Sports Authority, is there any
conflict there? I'll vote for Monty Trainer, of course, but is there a
conflict? Are you saying this is a dead issue?
Mrs. Dougherty: The second committee is merely advisory and, therefore, he
would not be a public officer in the second committee unlike the Sports
Authority, therefore, he could serve on both.
Mr. Plummer: There is no conflict, I vote yes.
106
July 24, 1986
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-625
arts ,.
A RESOLUTION CREATING A COMMITTEE CONSISTING OF SEVEN
MEMBERS AND APPOINTING INDIVIDUALS TO SERVE ON SAID
COMMITTEE TO STUDY AN INTERIM EXHIBITION CENTER IN THE
CITY OF MIAMI; PROVIDING FOR THE COMMITTEE TO PRESENT
'
ITS RECOMMENDATIONS TO THE CITY COMMISSION AT THE
i....
SEPTEMBER 11, 1986 CITY COMMISSION MEETING.
(Here follows body of resolution, omitted here and on
t
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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: The following individuals were appointed by R-86-625
(above):
JACK EARS (nominated by Mr. Odio).
TONY PAJARES (nominated by Mr. Odio).
JOANNE HOLSHOUSER (nominated by Mayor Suarez).
REV. HENRY NIVENS (nominated by Vice Mayor Dawkins).
LARRY PERL (nominated by Commissioner Plummer)
J. J. SHEPPARD (nominated by Commissioner Kennedy).
MONTY TRAINER (nominated by Commissioner Carollo).
Mr. Dawkins: Hold it. We are going to be in the news for a whole month. What
are we supposed to do about the rest of the nominations to this Committee?
Mayor Suarez: Bring them up a few minutes later if you can think of one
today.
Mr. Carollo: Well, what I would suggest is that each member of the Commission
and the Manager just submit the names and it becomes official once we submit
it.
Mayor Suarez: I have no problem with that procedure.
Mr. Odio: Commissioner, if you want to serve in that committee it's fine with
me and Tony Pajares should be on it and Jack Eads will be the staff
coordinating the whole committee.
Mr. Carollo: I'd be more than happy to.
Mr. Dawkins: I nominate Rev. Nevins.
Mayor Suarez: So moved. Do we need to take votes? Do you want to just
accept the submission of names by the individual Commissioners?
Mr. Plummer: Yes, that's better.
107
July 24, 1986
31. PLACING MERRILLL-STEVENS ON NOTICE
THAT CITY IS CONSIDERING A FUTURE USE
OF DINNER
KEY AREA PRESENTLY OCCUPIED
BY SAID FIRM.
{'
Mayor Suarez:
Commissioner Kennedy, do
you want to consider this item?
Mrs. Kennedy:
Yes, there are a lot
of people, I understand on Merrill
'<
Stevens.
Mayor Suarez: Which item is that?
Mrs. Kennedy: 48.
Mayor Suarez: Item 48. Mr. City Manager, is this item a City item or is it
Mr. Odio: Well, I don't, know, I think it has been about two years, two or
three years, 84, that the lease for Merrill Stevens expired and they've been
going on a 30-day basis since that time. I have analyzed the return to the
City, I did it last month, and we're ... And I've been analyzing the return
to the City for the last few years and the maximum we have received for that
property on the waterfront is S190,000. I feel that at this time that I had
to bring this to the Commission for a policy decision on what you, as my
bosses, want me to do with that property. I don't feel we're getting the
return for the money that we should be getting and that's why it is here and
we should not continue also on a 30 - day basis.
Mayor Suarez: You're not proposing to end the tenancy of the existing tenant
pending whatever we do, are you?
Mr. Odio: I'm open for discussion with you on what you wish to do. I feel
that the return is definitely not what we should be getting for that property.
Mr. Carollo: What are we getting for it?
Mr. Odio: $190.000, I think the maximum we receive in a year.
Mr. Carollo: What improvements have been made?
Mr. Odio: Very few improvements, they are not what we would like to have in
the Coconut Grove waterfront. I have informed the same thing to the other
tenant that we have here and we've been meeting with him this week and when I
come back I will meet with him again, with Spencer Meredith, that they have to
improve the looks and the whole area of the Coconut Grove has to be improved
to meet the investments that have been made in this ...
Mr. Dawkins: Yes, but you know, I can sympathize with what you're saying but
ever since I've been here Merrill Stevens has been down here begging us to let
them improve the land and do something with it and we just never listen to
them. Now, all of a sudden you're going to penalize them by telling them that
we're dissatisfied with the state it is in? Somebody better get up here and
tell me something up here.
Mrs. Kennedy: Since I'm new in this Commission, I'd like to know why. What
have they been saying, why.
Mrs. Holshouser: I'd like to speak on it since I was the one who bulldogged
it through for 13 months.
Mayor Suarez: OK, let's hear from Merrill Stevens and then Joanne.
Mr. Jim Merrill: Yes, my name is Jim Merrill, I'm an owner and officer of
Merrill Stevens, 2640 S. Bayshore Drive. We've been a tenant of the City for
almost 40 years now. As most of you know, we took part in the long process
two years ago when this Commission turned down a Master Plan to place two
parking garages that would spread over what is now the Merrill Stevens
property and the Elizabeth Virrick Gym. As the result of civic concern, the
Commission made its intentions clear that they wanted a full service marina
with innovative supportive services on that property. We at Merrill Stevens
108
July 24, 1986
I
h
C.
are confident in any fair bidding process. We want to make improvements o
lease
that property but it would not be a savvy decision on our part with no
then not be there to realize the
to make improvements on the property and
third year to operate on that property
benefit of them. This is now our
a lease. It has been well documented how important it is to Miami to
without
have a support facility for boating in Coconut Grove. I hope that this will
4
be the sentiment of the present Commission and I hope that we will see the
I hope those bids
property put out for bid soon as a full service marina and
will be considered on the basis of merit. Any questions?
r;
Mr. Plummer: Did you say on the basis of merit or Merrill?
Mr. Merrill: Either/or.
Mr. Plummer: Well, can I give maybe some history, Mr. Mayor for you and
Rosario? Their lease was up some four years ago at which time they came in
that's really what started
and asked this Commission to extend their lease and
the hassle when we said to them that we cannot extend your lease wit ou go g
to a bidding procedure. That opened Pandora's box to where they were trying
to come out as to what was to be on that property and what would be the best
thing for the community and yes, also what was the best revenue return to the
i City. There was a hearing approximately two years ago as to a Master Plan.
It did not directly speak at that time to Merrill Stevens but it spoke to the
entire waterfront, I think from Kennedy Park to Peacock Park as I remember.
It wasn't that far? More or less.
Mrs. Holshouser: Yes, but there was something directed to the leasehold.
Mr. Plummer: OK, but what I'm saying is that at that particular time, and we
held up doing anything with Merrill Stevens as far as the bidding procedure
until such time as that Master Plan was accepted, modified, rejected or
whatever, and I guess what the Manager is now doing is bringing back a
situation which says, hey, month - to - month is not for the best benefit of
this City and he's asking this Commission to make some determination as what's
best for the City and which way do we want him to proceed. I don't think
anybody including the Merrills want to continue on a month to month basis.
There is nothing you can do, there's no improvements that you can make and yet
I don't think they're happy because whatever we get in revenue is a certain
percentage of what they make and the potential is greater to do better but it
is not going to be realized as a potential unless improvements and something
is done to it. So that, I think, is a brief history to bring you up as to
where we are at this particular time.
Mrs. Holshouser: I'm Joanne Holshouser, 4230 Ingram Highway. At the time
this was before the City, as I say, it was a period of about 13 months, as I
recall, I was President of the Coconut Grove Civic Club and I feel comfortable
saying that I believe I'm still representing not only the Civic Club but all
the other organizations and groups and individuals in the Grove. Mr. Bermello
who is a very well known architect was commissioned by the City and Mr. Luft
worked with him and they were to come forth with a Dinner Key Master Plan.
They held several public meetings at which they were supposed by their
contract to illicit information and guidelines from the citizenry. In point
of fact, what they did was present us with a fait accompli, some of which
never changed for the entire 13 months. We did battle. I spoke to over 650
individuals alone, I mean, one to one, the Civic Club and other groups had
public meetings, I spoke to, I don't even know how many groups of people. We
came out of that with a coalition and while it was true that Mr. Merrill and
other people were with him were in a sense part of the coalition, we never at
any time, espoused Mr. Merrill's particular point. Our point was this was the
most valuable piece of land in the City of Miami and in all of Dade County
probably. The historic value of it is enormous, the green space, the park,
the whole thing was important. I was very fortunate, Mr. Wiser and Mr.
Margoles funded an alternate plan - to this day I don't know what it cost but
I think it was a lot. It was done by a well-known landscape architect named
Walter Taft Bradshaw who came and we argued it repeatedly. At the end of this
whole process which took, as I recall, about ten months of various public
hearings and appearances and whatever, the plan was substantially modified
from Mr. Bermello's plan.. We met many times with the Planning Department and
with him. It was modified to - I would say - over 75% of what the citizens of
Coconut Grove asked for it to be. An important part of that was a stipulation
that the RFP for that piece of property leased by Merrill Stevens, owned by
the City, that piece of property would have an RFP written for it. That was
109 July 24, 1986
1
i
w the way that night after again much argumentation, that was the way it went
down in public here in this hall.
Mayor Suarez: Any indication of what the parameters of that RFP would be,
what general characteristics?
Mrs. Holshouser: Only vague, other than the fact that the citizens expressed
again what J. L. has just said, this is a boating community, this was the
sense of it, this was what they wanted. There is much background material I'm
h files about it, but the jest of it was there will be an open
A.
I
sure in
e i
bidding procedure, nobody is being favored, but we want an RFP. I called
every month for a while, I finally called every other month, I kept saying
where is the RFP? I never got an RFP, I never got any indication that an RFP
was written, the only thing that I knew about, and I fail to see how anybody
could not know that I was involved or the Civic Club or anyone of a number of
people, or that Mr. Merrill Stevens' group was highly involved, and I think it
is really, really insulting that we find out about this, I found out when I
got the agenda in the mail on Tuesday. We spent over a year of time, I did it
almost full time. There were others who did it almost like part time, hours
and hours. It is their life blood and they're perfectly right. If they bid
on it and get it, J. L., you're right, there is more and more money to be made
by them and by the City. Whoever gets that lease, if they do it properly
there is going to be more money for the City, but I think it is unconscionable
that we are faced today with a report saying well, it doesn't work out.
Of
course, it doesn't work out, we knew that two years ago.
Why are we being
treated this way? We need to be involved again with an RFP, put it out to bid
and take the best bid, but that is the only way to do it. Give them time to
come up with something.
Mr. Odio: To put it......
Mrs. Kennedy: OK. Joanne, and Mr. Mayor, let me just tell you where I stand
on this. I really see no reason why the City should give again another piece
of valuable Bayside property. It is true that this property has been leased
for many years to a private concern, but it is also true that it has been an
eyesore and, you know, we have been getting peanuts for it. What I suggest is
that instead of getting peanuts, you know, let's do something with it, but not
put it out for bids. I suggest that we get the funds to clean it up and
maintain it as a full service boat yard managed by the City in conjunction
with its marina and I dare say that we will do much better than we have been
doing in two years.
Mrs. Holshouser: With all due respect, Commissioner Kennedy, our experience
in Coconut Grove with having the City delegate people to manage marina
properties has not given us a whole lot of faith in it. As I say, I'm not
favoring Merrill Stevens, I think that it should be open ...
Mrs. Kennedy: I disagree with you.
Mrs. Holshouser: They said right from the start that they knew it was an
eyesore. They said right from the start they would like a chance to fix it
up. There was never any cloud over this, but by the way, I think there may be
some legal problem with the City trying to do what you're saying, I'm not
perfectly sure.
Mrs. Kennedy: I just want for the record to be very clear that I want this
property for the City, not for a private developer. You know, I think that we
should do it and I'd like to ask the Manager his recommendation, how well we
could do with this.
Mr. Plummer: Well, let me ask this question. Is this any different than what
we did this morning? What we did this morning was in the Miamarina with
Rouse, we said instead of putting it out to bid let's let the City take it
over and let the City operate it. Now, you know, I think it makes good sense.
Look. They don't want to hear this. They're not in this for charitable
reasons. They're into it to make money. You know, our marinas. Joanne, let
me tell you something. I was with you four years ago when we stood up here
and raised holy hell about the marinas not making money. That enterprise fund
now in the marinas is over a million dollars, over four million I'm told. OK?
Which means that they are being operated and they are making money. Now, you
know, I guess I've got to ask a basic question. If we can operate marinas,
and we've obviously demonstrated that we can in the enterprise surplus funds
110 July 24, 1986
that are there presently, why should we share with any private developer and
give them a piece of the profit when we could retain it all for the betterment
of the City? I think that is the real question. Do we want to go out to a
bid and allow a private developer to make a profit or do we want to try to
operate and keep all of the profit in-house? I think that is a real major
question.
Mrs. Holshouser: Well, I think we need to go back to that document that was
passed two years ago and read the fine print though and see what it
stipulated.
Mr. Plummer: Joanne, two years ago I would agree with you that I wouldn't
have, under any circumstances, allowed the City to operate anything. OK? but
they have had a history now to demonstrate the ability to operate if, in fact,
they've got a $4,000,000 enterprise fund which means that's a surplus. So
they have, let's say they've cleaned up their act and they're doing something
right.
Mr. Odio: Commissioner, I have the document she's referring to, was a motion,
M-84-1181, "...instructing the City Manager to immediately start developing a
request for proposals for development of a marina full service boat yard and
supportive innovative uses ..."
Mr. Plummer: And I voted for that. OK?
Mr. Odio: It was only a motion.
Mr. Plummer: OK, but I'm saying that times have changed, and times have
changed to the extent that back at that time our marinas were in a deplorable
condition and we were not making money, we were subsidizing them. Now,
through the administration we changed the rules and regulations, we've set it
up as an enterprise fund and I haven't heard, I've got to tell you I haven't
heard a complaint from the marina in two years where they were in here ...
don't want to hear from you. You're not part of the marina. I'll sink your
damned hydrofoil if you stick your hand up one more time. I'm saying to you
that I think maybe we should consider keeping it in-house if, in fact, the
Manager can assure us before we go to the outside and let somebody else enjoy
the profits. That's all I'm saying.
Mrs. Holshouser: I think we should examine it but I think it should be done
in September with a public hearing process.
Mr. Plummer: I agree, I'm saying discount in-house first before you go out.
Mrs. Holshouser: I'm asking for a public hearing on it.
Mr. Raymond McElroy: My name is Raymond McElroy. I'm a local contractor,
state contractor.
Mr. Plummer: Who are you representing, sir?
Mr. McElroy: I'm representing myself.
Mr. Plummer: All right.
Mr. McElroy: R.F.M. Construction. I live at 2101 Brickell Avenue and I have
proposed a package for the Merrill Stevens site, I have the package ...
Mr. Plummer: Are you doing that for a fee, sir?
Mr. McElroy: No, I'm not doing it for a fee, this is a development, I'm a
contractor, I do high-rise construction interiors and I developed a package
here for the Merrill Stevens site that I'd like the City Commission to review
this package. It has all numbers in it, it has a complete set of drawings for
you to look at. I'm a local contractor, I grew up in this area, I went to
school right down the street from here and I feel that it should go, if
anybody, to a local developer that will keep it in-house and in the City. If
I can pass these around to the Commission ...
Mr. Plummer: Are you speaking against in-house?
Mr. McElroy; I'm saying in-house, keep it in the City with a local person.
ill July 24, 1986
�
1
ft
A
Mayor Suarez: What you're proposing is that the City go out for RFP's and you
would participate? — is what....
Mr. McElroy: Yes, and give it out to a fair bid.
Mr. Plummer: Well, then you are speaking about keeping it in the City
ownership?
Mr. McElroy: No, not City ownership, private development but within the City.
In other words ...
Mr. Plummer: Well who would operate it, sir?
Mr. McElroy: OK, I would operate the marina, I'm a local just like Merrill
Stevens.
Mr. Plummer: Oh, you would be a bidder against them.
Mr. McElroy: Not bringing in an outside company, a big outside company with a
lot of money, just keep it to like Merrill Stevens, to smaller companies.
Mr. Plummer: I think I understand.
Mayor Suarez: To lease or operate the facility.
Mr. McElroy: Right.
Mayor Suarez:.... which obviously would be owned by the City, we're not
proposing to sell it.
Mr. Plummer: Well, the land would be. And by the way, I think we need to
discuss another subject right now in conjunction with this because
Commissioner Carollo has a thing on the books for this afternoon that all
waterfront property owned by the City would have to go to a referendum.
Mr. Carollo: No, that's not what it says.
Mr. Plummer: Oh, OK, I'm sorry, I stand corrected.
Mayor Suarez: If less than three bids were obtained, essentially.
Mr. Plummer: OK, I stand corrected.
Mr. McElroy: Basically the package, I'd like you to review the package, it
has all the numbers, a set of plans in it ...
Mayor Suarez: If it did go to RFP you would definitely participate in the
bidding process, is that what you're saying?
Mr. McElroy: Yes, I definitely would. I think this package alone would be
fairly sufficient right now.
Mayor Suarez: How would the project that you would put there differ from the
existing Merrill Stevens facility?
Mr. McElroy:
It would be a lot like South Street Seaport in New York, if
you're familiar with that, as opposed to the Inner Harbor in Baltimore which
Rouse Company is doing right now. It would be more at the heart of New York
which South Street Seaport is more in the heart of New York than the Inner
Harbor Baltimore Project. This would be a lot like that, the South Street
Seaport, it would bring a lot of heart to the Grove, it is just an open market
place, it would give a lot of jobs to the local community and it would still
give the full service marina. We could still operate a full service marina,
just a condensed version. It is all laid out in the package and it shows how
where
ou can
down
the provide the operate
services there thatdMerrill Yscale
Stevens is providing right an
today. I
stilll
went through some great ...
Mayor Suarez: Would you keep any of the existing structures that are there?
Mr, McElroy: Yes.
112
.July 24, 1996
Mr. Plummer: Absolutely not.
Mr. McElroy: Both structures.
Mr. Plummer: Those two sheds?
Mr. McElroy: Reside both sheds. All the steel construction inside these
buildings right now is in perfectly good condition, the foundation is in good
condition, just reside the buildings and completely, I will submit elevations
when I u the n therefthatroous l and can lookothroughngs andoitl will 1 showve a sketch
you pretty
and a survey in there Y
much what is going on.
Mr. Carollo: You remember the library building when it was built, if there is
a twin to the argument that was given to us at the time we were considering
knocking the library building down is those two sheds that we have
there.
e e.
Just like the library building blocked a good chunk of the Bay y
ou he
same situation with these sheds here. They are blocking a big chunk I think
the
Bay and that is the part that I most object to what I see down there.
the Merrills are as good an operator as you could find so I'm not trying to
say anything how they run their place, but I think those two sheds with the
way the Grove has progressed through the 1980's just don't belong there, and
I'll be willing to have an open mind to any new ideas of what we could do
there, but I think those sheds have to come down, and before we put anything
to an RFP to the private sector, I'd like to see what the City can do there by
itself because we might be better off in doing something there ourselves than
putting it out for an FP
matesin. I mean ths million dollars everylna yearenow re in Dinner Key is
a
making the City an ppr
Mr. Plummer: I'll go along with anything but those sheds staying there.
Mr. Carollo: Well, that's what I'm saying.
Mr. Plummer: That's the only thing that I've been insisting, they've got to.
Mr. Dawkins: I'm going to get the historic movement behind us ...
Mr. Plummer: Fine, you get whatever movement you want.
Mr. McElroy: The buildings are historic and they were Pan Am's old air force
base and that should be kept. Some history has to be kept ...
Mr. Plummer: We've got it, we're in it, sir. I'm living it every day.
Mr. Carollo: We're keeping this building right here. This was the terminal
building and this is the most important one we're keeping right here.
Mr. Plummer: Built out of salt water concrete.
Mr. McElroy: This could have a full movie theatre with regular exhibition
showings of what is going down in Miami Seaport history, it will have a whole
background as far as history goes, the proposed package.
Mrs. Kennedy: Mr. Manager, let me ask you, if we take this on a trial basis,
how long will it take you to give us an estimation of whether we can be
successful at it or not?
Mr. Odio: I could come back in 60 days with a plan on what the City can and
cannot do. We have not looked into their operation and what services they're
providing to be able to give you a recommendation right now, but if you choose
in
to tannot dock If weucannotedouittI'lletelleyou andrthendweell canmgowhat we c
an
out for can
and
RFP.
Mr. Carollo: That's what I think we need to know, if we could do it ourselves
and how much more revenue will it bring the City if any. At the same time, if
we find out that's not the avenue to go, which I think it might be, then let's
make sure that we put out a new RFP and put this out to bid, that it is done
in such a way so that it is fair to all the people that might want to bid and
that we can get the best possible bid in return.
113 July 24, 1986
2
Mr. Odio: I understand that from
unified development project if we
cannot be an RFP.
the Law Department that it has to be a
come back with that recommendation, it
Mrs. Kennedy: OK, I'm optimistic that we will be able to do it so let me move
at this point to take it back and let the City try it out for a period of 60
days.
Mr. Odio: When do you choose for us to take it back?
Mayor Suarez: Wait, you're not including in your motion that they lose their
existing lease until all of this gets determined, are you?
Mrs. Kennedy: They are on a month to month basis.
Mayor Suarez: Yes, and I would hope that this Commission would see fit to
keep them on a month to month basis until we decide what we're going to do
with that.
Mrs. Kennedy: No, my decision is to try it immediately.
Mayor Suarez: To me that would not be fair.
Mr. Plummer: Well, let me ask this question in fairness. Mr. Manager, are
you prepared to take over that operation in 30 days?
Mr. Odio: No, sir, I need time to have people ready.
Mrs. Kennedy: OK, based at your discretion, you have to let us know, you're
the ones who are going to be doing this.
Mr. Plummer: Well, he said 60 days, I think if what you're trying to
accomplish, OK? I think you can legitimately give them 60 days notice, it
doesn't mean that on the 59th day they've got to move, but I think that you've
got to exercise that option which is to give them the notice that puts them on
record that they have received notice.
Mr. Dawkins: They have got people in there who are storing their boats there
I'm pretty sure with a lease or contract and you're going to tell them in 30
days or 60 days to get those people out of there, I mean that's not fair.
Mr. Plummer: No, that ain't what we're htelling We'whare
we'reng them
tilling
instead of paying Mr. Merrill you ay y, that's
them.
Mayor Suarez: But why would we do that until we know what we're going to do
with the property? I mean it's not fair to the people who have been there for
I don't know how many years. Supposing we tear down, and I have a feeling
this Commission, the consensus here is that we're not going to keep those as
historic hangers or whatever they are, but if we go to that, the least that
Merrill Stevens should have is the opportunity to bid in and in then t anitme
to be there until we've got something better. I mean I don't, j giving
them notice to move out so that we can plan what to do ...
Mr. Odio: Let me give you a compromise, that you give them a 60 day notice
that their lease will expire in 60 days. ok?
Mr. Dawkins: What lease will expire? They don't have a lease.
Mrs. Kennedy: It has expired.
Mr. Plummer: They're on a 30 day automatic renewal.
Mr. Odio: So if we don't notify them every 30 days it will get renewed.
Mr. Plummer: Well, let me give you a more logical thing or what I think is
logical. Let's give them 90 days notice. You have said you will be back to
us in 60 days.
Mr. Odio: OK.
114
July 24, 1966
Mr. Plummer: In other words there is still a 30 day interim period, but at
least they've been put on notice. I think that is logical.
Mr. Merrill: Excuse me, Mr. Plummer. We have a letter from, with all due
respect, one of the City Managers ...
Mr. Plummer: Give me the date and I'll try to remember.
Mr. Merrill: Well, giving us, in the event that we are not the successful
bidder, we'll have four months to move out.
Mr. Odio: OK, sir, but that's not what the lease agreement says.
Mr. Plummer: Yes, but Jim, that's predicated on us going to bidding. Now, if
we're not going to go to bidding ...
Mr. Merrill: But we still need four months to move all of that equipment out.
Mayor Suarez: If we were going to give them four months if we were going to
go to bidding, why not at least maintain the minimum of four months if we do
go to bidding? I mean I don't ...
Mr. Plummer: So what you're saying is 120 days rather than the 90.
Mr. Merrill: That's correct, so that we can move all of ---
Mayor Suarez: In the hope that by that time we'll know what we're going to do
and that you can participate in the bidding and so on.
Mr. Merrill: That's right.
Mr. Plummer: Yes, but you see, here's the problem. OK? Because I thought I
was trying to make it clear, that just because we're giving them notice
doesn't mean that I want to move them out.
Mayor Suarez: That's we'll exercise it. Right.
Mr. Plummer: What I'm saying is that from a legal standpoint we've got to
give you notice that we are intending to move you out whether we do or we
don't. And I wouldn't personally want you to start transferring anything
until the 60 days when the Manager comes back and starts telling us something,
but if, in fact, you have a letter of 120 days we've got to live up to that
obligation. If you supply the Manager with a copy I would move that we
give you 120 days notice. If you cannot furnish the Manager with a copy of a
promise made by a previous manager you've got 90 day notice. Now that's also
predicated on the Manager being able to comply with what he said of 60 days
coming back to this Commission and saying to us we have gone through the
procedure and administratively we recommend (a) that the City can take it over
and make money or (b) they can't and we put it out to bidding.
Mr. Merrill: And then that notice would become effective upon your decision
as to whether or not you decide to take ...
Mayor Suarez: To take the property back because if we went to bidding at that
point we don't have to exercise our right to take that property back in the
meantime.
Mr. Plummer: Well no, we've still put them on notice.
Mayor Suarez: Fine, I have no problem putting them on notice but I would have
to vote against it unless it was subject, as you stated, I think very
properly, subject to our determination that we might want to take it back or
put it out for RFP's at which time if we're going to put it out for RFP's and
if it doesnot impede would still in any way be allowed toabe theresduring that aimagine how it
process
would, they
Mr. Merrill: I would also suggest, Commissioner Plummer, that
Itthe
City
olelyhas
been very successful with the operation of the marina here.
storage facility whereas we operate a full service marina with trained
welders, painters, expert in all grip and various types of paint, carpenters,
loftsmen ...
115 July Z6. 1986
A
Mr. Plummer: Jim, no one up here better knows than I what you provide so you
might be talking to them but I know from experience.
Mr. Merrill: And two, please understand we have for years wanted to improve
the aesthetics of Merrill Stevens, but with no lease there are very few banks
that would lend us money without a sufficient period of time to amortize it.
Mr. Plummer: Jim, so you understand where I'm coming from ...
Mr. Merrill: I do, sir.
Mr. Plummer: You're not in this for charity.
Mr. Merrill: No, sir.
Mr. Plummer: You're in it to make a profit and that's reasonable and profit
is not a dirty word. I think the determination by this Commission do we want
to share the profit of City -owned property with someone? - if we have the in-
house capability in taking all of the profit for the City. I think that is
the real question.
Mr. Merrill: Yes, sir, and that is what started this in 1949, City Manager
to
O.P. Hart said that e h outty was to bid Wot end lif a positiindeed,
nthe Cityaisoinathathat's why
position
they put it to lease,
now, so be it. I understand that.
Mrs. Holshouser: If we've worked out the lease there's one further part
though, to get back to it. We do need to determine what is going to go there
because I can tell this gentleman that what he is suggesting is exactly what
our coalition wasopposed
has t all of the heart•thateit don't
needsneed a specialty
center. Coconut g
Mayor Suarez: Well, yes, but we're not into that just yet, Joanne.
Mr. Plummer: This Commission will determine what is going there.
Mrs. Holshouser: But is the Manager going to come up with a proposal on how
to make the most money by putting in a specialty center? What is he going to
talk about? Is he going to give us some options?
Mr. Plummer: No, he's going to talk to us and we're going to decide.
Mayor Suarez: And we'll have a full hearing on the issue.
Mr. Plummer: If it is up to Cesar, it would be nothing but a rowing club.
Mrs. Holshouser: I think we'd rather have that than have the heart of the
Grove.
Mayor Suarez: And the historic hangers too.
Mr. Odio: By the way, we do have rowing there now.
Mrs. Kennedy: I amend my motion to give them the 120 days with the
understanding that the City is trying to work it out and run it.
Mr. Merrill: Excuse me,
into effect when?
Mr. Odio: Now.
I have another question. This 120 day notice goes
Mrs. Kennedy: Today.
Mr. Merrill: So as of right now you are giving us 120 days to move out.
Mayor Suarez: Well, my understanding is that the City recommends to go out
for bids, we may very well keep you oa month to at would be my recommendations I can't see why tnot.
ease during that
process. that
Mrs. Kennedy: We'll get there when we get there but we'll know in 60 days.
116 July 24, 1986
Mr. Odio: Mr. Mayor, if I come back in 30 to 60 days saying that we have
studied the operation, that the marina division can run this place this is
the notice I guess.
Mr. Merrill: That is the effective date of the notice, when you come back?
Mr. Plummer: No, the time clock starts running today.
Mr. Merrill: We have 120 days, however, in 60 days you may come back and say
Mr. Odio: We cannot run it, we should go out for an RFP but if I say that we
can run it...
Mr. Merrill: Then we'll have 60 days
decision today as to whether we close
is Friday.
from that point so we need to make our
up this afternoon or tomorrow since it
Mayor Suarez: Well, the idea was that in giving you that other 60 days, from
the 60 day period until the end of the four months ...
Mr. Plummer: Well wait a minute. Jim if you're playing games with me.
Mr. Merrill: No, sir, I'm not playing games with you but we can't move out of
there is 60 days.
Mr. Plummer: But you're saying about closing up this afternoon and then those
boaters are going to be in a quandary to move out also.
Mr. Merrill: Mr. Plummer, we can't move everything out of there in 60 days
and really this 120 days is only 60 days.
Mr. Plummer: Jim, don't talk about moving out this afternoon or tomorrow or
the weekend.
Mr. Dawkins: But do talk in terms of whether he is going to bid or not. I
mean let's be reasonable here now.
Mr. Plummer: We don't know.
Mr. Dawkins: Well, if he doesn't know he doesn't know, but if you want to
tell him to move out in 120 days and then we decide that we can't run it, he's
got to have some time. Come on now, let's be reasonable.
Mr. Plummer: Excuse me, Miller, my concern was that the same obligation that
we're giving you 120 that you're going to obligate to us, that you're going to
stay at least that 120 days. That's fair.
Mr. Dawkins: But ...
Mr. Plummer: Wait, I want an answer.
Mr. Merrill: I still don't quite understand, Mr. Plummer. You're giving us
120 days.
Mr. Plummer: Which is the legal notice to give to you which we've got to do
fom
by law, law and a obligationter rom you a t at eyou'regsaying
going to staythere
the samethe full 120
g
days starting today.
Mr. Dawkins: OK, I beg to disagree with you, Plummer and the reason I
disagree with you is that in my opinion it is damned unfair for us to tell
these people — you don't know what we're doing, we don't know what we're doing
and nobody cares. OK? Now the clock should not start until we decide what
we're going to do. If we're going to run the place then the clock starts,
they've got the time to get out. If we're going to put it out for bid then
the clock starts and they've got the time to get out. We can't just leave
these people hanging, these are businessmen.
Mayor Suarez: That's my feeling and that's the only way I'll vote in favor of
it.
117
July 24, 1986
Mr. Plummer: OK, the only problem that I have with that is that I traveled
under a conception that said they were on 30 days. OK? And if that is true,
if at such time that determination is made they've got 30 days, that's fine
with me. OK? But they say they have a letter from a former City Manager, you
don't have to produce it, I'll take your word for it, that they had four
months to vacate. OK? That was the only reason to start the clock running
today. Now, I have no problem. Hey, they've got less time under that
situation, if the Manager is coming back in 60 and that day we make a
determination and give them their 30 days notice they're out in 90. That's
less than 120 and I've got no problem with that.
Mr. Merrill: Commissioner Plummer, Mr. Garcia -Pedrosa explained that we were
not on a 30 day lease, we were called a tenant at will, which meant that we
would continue paying on a monthly basis just as we always had until such time
as a decision was made what to do with the property, the R.F.P, if we were the
successful bidder we would stay there, if we were not the successful bidder
we would have 120 days to pack our tents and go.
Mrs. Kennedy: OK, let me offer a compromise here. What if we come back to
you and give you 90 days from the time that the Manager comes with his
recommendation to us?
Mr. Plummer: That's five months.
Mr. Merrill: I beg your pardon?
Mayor Suarez: You would get no less than 90 days notice from the time that
the City Manager makes his recommendation and presumably this Commission act
on it, we might follow his recommendation.
Mr. Plummer: I don't care, all I'm trying to do is comply with not only the
legal but the moral. There is a moral here of a manager saying he had four
months to vacate. You know, I didn't know about that. I knew about a 30 day
notice and that's all that I knew.
Mr. Ron Falkey: My name is Ron Falkey. I'm general manager at Merrill
Stevens, Dinner Key. If I can throw a little light, the 120 day grace period
or moving out period is really actual time that it would take us to move our
equipment, our machinery, our lathes, our lift, it is actually physically we
have to dismantle that material and move it.
Mr. Plummer: Well, you can do it even if we were operating it, Ron.
Mr. Dawkins: But let me ask you one question. If I told you right now to get
out, do you have a place to take your stuff?
Mr. Plummer: Yes, 17th and the river.
Mr. Merrill: Yes.
Mr. Dawkins: There would no problem moving, you would not have to have a
place to store your equipment, you've got a place in the morning where you
could take everything out.
Mr. Merrill: Well, yes, I would say so, but it would take us around four
months for us to physically make that move. I mean we do have customers that,
of course, are on an annual lease and whether we are servicing them or you're
servicing them this has to be taken care of.
Mayor Suarez: But Ron, 90 days from the date of this Commission's decision
after the City Manager's recommendation is better than 120 days from today
subject to later change, so you have to ...
Mrs. Kennedy: There is a big chance that if you give him five months he may
come back in six ...
Mayor Suarez: That compromise is a lot better.
Mr. Plummer: Let me bring out a point. Hold on, I've got maybe a serious
problem. Jim, I don't know how you can make, but I'm being told that you are,
are you making annual leases?
118 July 24, 1906
Mr. Merrill: Are we making annual leases?
Mayor Suarez: Payments, payments.
Mr. Plummer: To lease space?
Mr. Merrill: Sure.
Mr. Plummer: Then I would have to have a moratorium as of today.
Mr. Merrill: That's fine, we'll take no more contracts on an annual basis.
Mr. Plummer: I'd have to have that. Hey, whatever is fair, I'm not trying to
railroad them in or out.
Mr. Merrill: No, if the City Manager comes back in 60 days, what you're
proposing ...
Mrs. Kennedy: 90 days after ...
Mr. Merrill: He's talking about doing an economic study to determine whether
or not the City could perhaps operate this type of facility.
Mrs. Kennedy: Right.
Mr. Merrill: If he comes back and says we can do that, then you are proposing
that we would have 90 days.
Mrs. Kennedy: From that date.
Mr. Merrill:....for the transition for us to move out and the new management
to come in and take over. That would be very fair.
Mrs. Kennedy: And that's in the motion.
Mayor Suarez: And assuming that the Commission goes along with that, we may
not agree with the Manager's recommendation.
Mrs. Kennedy: That's only my motion.
Mr. Plummer: Hey, that's fine, that's agreeable to you?
Mr. Merrill: Yes, sir.
Mr. Plummer: It is agreeable to me.
Mrs. Kennedy: Does that mean you're seconding my motion?
Mr. Plummer: Sure. Let me understand. The time starts running today.
Mr. Merrill: The 90 days starts today?
Mr. Plummer: No, no. The time starts today, you will make no additional
leases for more than 30 days and that within 60 days the Manager will cane
back. If the determination is made at that time that there is to be what I
call in—house, the City operating the facility, we will give you 90 days and
you agree to that.
Mrs. Kennedy: From that date.
Mr. Plummer: From that date.
Mr. Merrill: Yes, sir, yes, ma'am.
Mrs. Kennedy: Yes, sir?
Mr. Merrill: Yes, sir for him, yes, ma'am for you.
Mrs. Kennedy: Back to 120 days.
Mr. Dawkins: Now what happens in the event that we find out that we're not
going to run it. and you going to put it out to bid?
119 July 24. 1986
Mr. Plummer: Then we'll make that determination at that time.
Mrs. Kennedy: At that time.
Mr. Plummer: All we're doing, as I understand it, is legally putting them on
notice which is what we've got to do.
Mr. Merrill: That in the event that the City decides to take over the
operation that is when the 90 days begins. However, if the City does not
decide to do that ...
Mr. Plummer: We'll decide at that time what we're going to do.
Mr. Merrill: Then an RFP, we wouldn't be on 90 days notice effective at that
. . .
Mr. Plummer: You might be on less but I don't think so.
Mayor Suarez: No, it would never be less than the 90 days.
Mr. Plummer: No, I didn't say that.
Mayor Suarez: No, wait, it would never be less than the 90 days otherwise
we've tricked him into accepting something here.
Mr. Merrill: The 90 days or the 120 days was to move the equipment.
Mr. Plummer: It is 90 days, Mr. Mayor, I mean it is 60 days from now and 30
I am not trying to create a hardship.
days it could be from then. Look,
Mayor Suarez: You said 90 days from the City Manager's recommendation.
Mr. Plummer: That's fine.
Mayor Suarez: Regardless of what we decide, that would be the minimum.
Right?
Mr. Merrill: However, my question is this, if the Manager makes a decision
that the City is not in the position to take over this type of operation ...
Mayor Suarez: We're not sure what we're going to do at that point. If
You
want us to take a vote on that today it might be that, you know, youmight
lose on it and not be able to stay there during the duration. My feeling is
you should be able to stay during the RFP process, but I don't know if you've
got three votes here on that. Call the roll on the motion.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-626
A RESOLUTION PLACING MERRILL-STEVENS DRYDOCK CO. ON
NOTICE THAT THE CITY IS CONSIDERING A FUTURE USE OR
USES OF THE CITY -OWNED LAND IN THE DINNER KEY AREA
PRESENTLY OCCUPIED BY SAID FIRM WHICH USE OR USES WILL
BE INCOMPATIBLE WITH SAID FIRM'S CONTINUED USE AND
OCCUPANCY OF SAID LAND; FORMALLY NOTIFYING SAID FIRM
THAT UPON THE CITY COMMISSION'S RECEIPT OF THE CITY
MANAGER'S RECOMMENDATION TO THE CITY COMMISSION IN
REGARD TO THE FUTURE USE OR USES OF THE SUBJECT
PROPERTY, THE FIRM SHALL ONLY HAVE 90 DAYS FROM THE
DATE OF THE CITY COMMISSION'S ACTION THEREON WITHIN
WHICH TO QUIT, SURRENDER AND DELIVER THE PREMISES UNTO
THE CITY; FURTHER DIRECTING THE CITY CLERK TO FORWARD,
VIA CERTIFIED MAIL, A COPY OF THE HEREIN RESOLUTION TO
SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
120
July 24, 1986
I
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote-
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
32. APPROVE ISSUANCE OF REQUEST FOR PROPOSALS FOR DAYCARE AT MUNICIPAL GARAGE
NO. 5.
Mayor Suarez: Item 43, Commissioner Kennedy, I think this is your item.
Mr. Odio: What is 43?
Mr. Plummer: Daycare Center at Municipal Garage No. 5.
Mr. Odio: This was placed on the July loth agenda at the request of
he
Commissioner Kennedy. During this meeting for hat discussion, Rdgscussioner oandindicate
i np t dfromthat
the
would bring the RFP back at
Commission.
Mr. Roger Carlton: Mr. Mayor and members of the Commission, I'm Roger
Carlton, Director of the Off Street discussion
sAuthority.
You
Wehad
werenableyour
toagenda
work
package a request for proposal
with the City Attorneys officeauthorize get
thisttoreviewed,
advertis d over thedsum:neroso
you is a motion that would
back a final recommendation in the fall, and we would
that we could bring you
advertisead and and get into d
request your authority to ge ahe ive youa f inrecommendat on asearly yas
and put together a committ S
possible in September.
Mrs. Kennedy: So move.
Mayor Suarez: Can you give us the import of the motion, please?
Mrs. Kennedy: To let them negotiate during the summer, to let them go out and
get the RFP.
Mr. Plummer: Second the motion.
Mayor Suarez: Moved and seconded. Any discussion from the Commission? We're
basically talking about a lease. How much time are we talking about, a short
term, long term? Do you have any idea?
Mr. Plummer: There is nothing more permanent around City Hall than something
temporary.
Mayor Suarez: No ideas at this point?
Mr. Carlton: I think the lease term will be part of the bid process, we'll
have to see what they bid.
Mayor Suarez: But it would never be a really long term lease, I mean we're
not talking beyond three years or anything like that.
Mr. Carlton: I think for the type of
should probably have five years with
that.
investment we're talking here that you
a five year renewal or something like
Mayor Suarez;
I ,just want to have an idea of what we're tying up here. Any
further discussion from the Commission? Call the roll.
121
,July 24, 1986
I
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-627
A RESOLUTION APPROVING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FOR A DAYCARE FACILITY AT MUNICIPAL GARAGE
NO. 5, 270 N.W. SECOND STREET.
(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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
33. AUTHORIZE NEGOTIATION OF AGREEMENT WITH FLAGLER LANDMARK AND ASSOCIATES
FOR REDEVELOPMENT OF THE OLYMPIA BUILDING AND GUSMAN CULTURAL CENTER.
Mayor Suarez: Item 44, the Olympia Building.
Mr. Plummer: Mr. Mayor, for the record, while we're waiting for this item, I
am nominating as my committee member to the Dinner Key Auditorium Mr. Larry
Perl, who is probably the largest user of that facility during the run of the
year. So, Madam Clerk, if you would so notify him that he is appointed to
that committee.
Mayor Suarez: Are you basically asking us on this item to approve in
principle subject to negotiations with the City Manager and not to make a
commitment necessarily on the amount of space that the City would take in the
building?
Mr. Al Cardenas: For the record, Mr. Mayor, my name is Al Cardenas. I'm here
l
as a principal and attorney for Flagler Landmark Associates, that's correct.
Mr. Plummer: Mr. Cardenas, excuse me. Are you here as a principal and as
attorney for a fee?
Mr. Cardenas: That's correct.
Mr. Plummer: All right, sir, are you then registered as a lobbyist?
Mr. Cardenas: Yes, sir.
Mr. Plummer: All right, sir, may we see a copy of that registration?
Mr. Cardenas: I'm going to try, let me see.
Mayor Suarez: As long as he thinks he's OK.
Mr. Cardenas: I know we've done it.
Mr. Plummer: Madam Clerk, do you attest that he has registered as a lobbyist?
Ms. Hirai: Mr, Commissioner, he has filed, in fact, more than one.
Mr. Plummer: On this issue?
122
Juiy 24, 1906
.,�Ms.
Hirai: I would have to check.
k?s'4-
5 n
y, z
Mayor Suarez: Do you want to tell us about it while he checks the status
here?
n
dui
Mr. Cardenas: Can we go on while we're looking for the copy?
Mr. Plummer: You cannot address this Commission if you're serving for a legal
are registered lobbyist on this
fee without producing documentation that you
some grief later on.
issue. Hey, A1, I'm just trying to save you
`
Mr. Cardenas: No, I understand, I had stated on the record that I had
t
submitted it...
r�
Mr. Plummer: On this issue?
Mr. Cardenas: Yes.
"}
Mr. Plummer: Or a lobbyist in general?
Mr. Cardenas: No, no, on this particular issue.
Y�
Mr. Plummer: Then you're the one that is on the hook. Proceed.
xr
:
Mr. Cardenas: That's correct. Thank you. Thank you, Mr. Mayor and members
opportunity for the
y
of the Commission. This is what to us is a very exciting
Parking Authority and the residents of the City.
City of Miami, the Off Street
I the history on this thing, the Olympia Building and the
Basically, as recall
Gusman Theatre both needed renovation. About two years ago, this City decided
the
that this fine historical monument was in bad need of restoration as was
basic decision made, the
Gusman Theatre inside. As a result of that policy
through the Off Street Parking Authority, RFP s were
process got started
issued and we are the applicants who answered the RFP. We have now going
�.
through a selection committee process, it has been concluded, we have now gone
I'm happy to report
3
through the Off Street Parking A uthority Board Meeting and
Off Street Parking Authority have
'-'
J }
that both the selection committee and the
that to the City Manager that the City proceedto
flF u.
,.
r
unanimously recommended
negotiate with us on a lease arrangement basis along the lines of the business
be
4
plan which has been presented to you. Now, what this will accomplish will
facility with a beautiful
basically the following. You have a historical
is want to put $1.3 million dollars o
theatre, and what we want to do we
into the theatre itself and we want to make not only the facade but
renovation
the interior of this office building to be in keeping with the beautiful
—_
facility that the Gusman is and will be. In addition to that, we want to do
will create a
things for the City during the day and night time hours which
the theatre, but night time activity
beautiful synergy for not only the use of
City of Miami. And what has been proposed to you is to acquire or
--
in the
lease the rock property, the so—called rock property adjacent to the Olympia
to the Olympia
_-=
Building facility and build a ten story facility there adjacent
four major things: (1) It
Building which would do three major things, or
dressing rooms for performers at the Gusman which
would provide for top class
in order to continue to please and bring performers of the
_
--
is necessary
that we're looking for; (2) It will provide a restaurant and cabaret,
caliber
the restaurant to be operated by the owner of Charades and Kaleidescope in the
_
Grove that all of you know.
Mayor Suarez: Al, let me cut you off for a second. Roger, this was put out
for bids and they were the only bidders, were they not?
Mr. Carlton: That's correct.
Mayor Suarez: Any one on this Commission that has any problem with approving
this in principle?
Mr. Plummer: What we're doing is sending it to who to negotiate?
Mrs. Kennedyt Negotiate a deal during the summer, right?
Mr. Plummer: But with who?
Mayor Suarez: The City Manager has to approve whatever is negotiated.
123
July 24, 1986
Mr. Plummer: The City Manager is involved in the negotiations?
Mr. Odio: No, I'm not.
Mayor Suarez: That's what they told us when they made the presentation to use
that you would be involved ...
Mr. Plummer: You will be.
Mr. Odio: OK.
Mr. Plummer: I move item 44.
Mrs. Kennedy: Second.
Mrs. Dawkins: But does he have to come back to the Commission and let us know
how he agreed?
Mr. Plummer: Oh, yes.
Mayor Suarez: Yes, yes.
Mr. Plummer: Wait a minute, excuse me. That is you will come back to this
Commission and we will still hold final approval.
Mr. Odio: Yes.
Mr. Cardenas: Absolutely.
Mayor Suarez: And be careful on that commitment, Mr. City Manager, and Roger,
on the amount of space that we're committing now, unless you can find City
facilities whose leases expire and all of that, you know.
Mr. Odio: Mr. Mayor, I told Mr. Cardenas that I will not recommend that the
City is committed to anything as far as the space is concerned.
Mr. Cardenas: At this stage.
Mr. Odio: It is open for negotiations after you build your building.
Mr. Cardenas: At the conclusion of our negotiations you still would feel the
same way or it could be that the City finds ample opportunity, it is an open
issue is what I'm trying to say.
Mr. Odio: If we need the space we need it and if we don't need the space we
don't need it, but we should not be committing any square footage as part of
your building that ...
Mr. Plummer: Oh, Mr. Manager, two dollars a square foot we'll buy all he's
got.
Mayor Suarez: When does the lease on the Law Department's space expire?
Mrs. Dougherty: Next August.
Mayor Suarez: That used to be in that building.
Mrs. Dougherty: A year from now.
Mayor Suarez: Madam City Attorney?
Mrs. Dougherty: August of 1987. It is an excellent idea.
Mayor Suarez: I'm not telling anybody how to negotiate or anything, just
consider it. And at two dollars a square foot, you can't beat it. With a
cabaret and a theatre and the whole bit. OK, so moved and seconded. Any
further discussion? Call the roll.
124 July 249 1986
A 14
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-628
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE AN AGREEMENT WITH FLAGLER LANDMARK AND
ASSOCIATES, IN CONNECTION WITH PROPOSED REDEVELOPMENT
OF THE OLYMPIA BUILDING AND GUSMAN CULTURAL CENTER;
FURTHER DIRECTING THE CITY MANAGER TO COME BACK TO THE
CITY COMMISSION FOR FINAL APPROVAL.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
34. ALLOCATE $50,000 (CD BLOCK GRANT FUNDS) TO ST. JOHN'S COMMUNITY
DEVELOPMENT CORPORATION FOR ASSISTANCE TO HOUSING DEVELOPERS.
Ms. Ann Marie Adker: I'm Ann Marie Adker, 407 N.W. 5th Street and hopefully
before you go to the next, I feel like you're ignoring us.
Mayor Suarez: Which item is your's, Ann Marie? You have one every
Commission, sometimes two, sometimes three.
Ms. Adker: Wait just a minute, it is the St. John's Community Development
Corporation and if I may refresh the Commission's memories, you invited us
back today, the 24th of July.
Mayor Suarez: What item on the agenda are you, Ann Marie? Do you know a
number?
Ms. Adker: It was supposed to come under Community Development Block Grants..
Mayor Suarez: I'm sorry, let me just check with the City Manager. Do we have
that, Frank, in here?
Mr. Castaneda: That is item 57, 58 and 59.
Mayor Suarez: Well, we're moving on just as quickly as we can.
Ms. Adker: You began it and then called a five minute recess and apparently
you forget it in five minutes.
Mr. Castaneda: You did part of it.
Mayor Suarez: Was this the social services?
Ms. Adker: That's right, and you never came back to this problem.
Mayor Suarez: Let me ask, Frank, do you have a recommendation on the non-
social services part of that?
Mr. Castaneda: Yes, we do.
Mayor Suarez: Is it complicated, controversial, problematic?
Ms. Adker: It is certainly controversial.
125 July 249 1986
Mayor Suarez: Does it exclude St. John's Economic Development?
Mr. Castaneda: We are not recommending any new aid, basically we are
recommending $710,000 for single family rehab that will augment the program
that we presently do have. In the housing arena we had three requests, one
was from St. John's, another one was from East Little Havana and another one
was from Florida Housing Cooperative.
Mayor Suarez: This Commission at one point resolved basically to adopt St.
John's Economic Development Corporation and make it an agency that we would
work with in every respect and they'd come back for funding from just about
every source and we always turn them down. I mean what was the use of doing
that?
Ms. Adker: That's Overtown in general. You see, I'm not holding your staff,
highly paid, responsible - I'm holding the elected body responsible.
Mr. Plummer: Fifty what?
Mr. Castaneda: $50,000 for administration.
Mr. Plummer: What do you mean administration?
Mr. Castaneda: They want $50,000 to pay for their administrative costs.
Ms. Adker: Administrative and operational, that is the first year funding for
any community based organization. You know, I have a problem with these
people saying that they don't want to set precedents. You've got ... Well,
I'd better not go into that. However, now, $50,000, we're only trying to help
the City put in housing in Overtown which you have left in a deteriorated
state.
Mayor Suarez: Is it proper under the guidelines. Frank, for us to allocate
$50,000? I so move it. I want to get this resolved.
Mr. Plummer: As long as we monitor? We will monitor and approve all bills?
Ms. Adker: Very good, you monitor that because you failed to do ...
Mr. Plummer: We monitor and approve all bills.
Mayor Suarez: Yes, that's like what we're doing with some CBO's.
Mr. Plummer: I second the motion.
Ms. Adker: That's good. It's too bad you didn't monitor your City job with a
problem they had over there, 340 some thousand dollars.
Mr. Plummer: Frank, you heard what I said, we monitor and approve all bills.
Mr. Castaneda: All checks, the same as the four that are ...
Mr. Plummer: Yes, sir.
Mr. Castaneda: OK.
Mr. Dawkins: Further discussion. What will you use the money for?
Ms. Adker: I just told you, administrative and operational costs.
Mr. Plummer: With us retaining the right to approve.
Ms. Adker: Surely, we will give you a full budget for it.
Mr. Dawkins: I'm going to vote for this and then I'll wait until after the
vote to discuss this.
Mr. Plummer: Well, let me ask this question. Anne Marie, have you provided
us with the budget of what that $50.000 is going to be used for?
Ms. Adker: We have given out so many, I ...
126 July 24, 1986
Mr. Plummer: Well, do you have one, Frank?
Mr. Castaneda: No.
Mr. Plummer: OK, then the motion is, excuse me, you made the motion, Mr.
Mayor, I would like the motion to be subject to them supplying a budget, a
detailed budget for what the money is going to be used for and that is part of
the monitoring and approval, Frank.
Mayor Suarez: And the monitoring will be by Community Development.
Mr. Plummer: Oh, yes.
Mayor Suarez: So moved.
Ms. Adker: That's very good.
Mayor Suarez: Glad you agree.
Ms. Adker: I'm not saying I'm agreeing with your staff, I don't know whether
they're capable.
Mrs. Kennedy: Quit while you're ahead.
Mr. Dawkins: Call the roll, Madam Clerk.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 86429
A RESOLUTION ALLOCATING $50,000 OF TWELFTH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE
APPROPRIATED BY ORDINANCE TO ST. JOHN'S COMMUNITY
DEVELOPMENT CORPORATION FOR ITS PROJECT OF ASSISTANCE
AND TRAINING TO COMMUNITY BASED ORGANIZATIONS THAT
DESIRE TO BECOME HOUSING DEVELOPERS; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH SAID AGENCY FOR SAID PROJECT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Castaneda: Are you approving item 57 with that $50,000 amendment, or what
are you doing?
Mayor Suarez: What do you mean? That is item 57.
Mr. Odio: No.
Mr. Castaneda: Item 57 is $2,030,000.
Mayor Suarez: Well, no, we haven't decided on any of the grant moneys.
Mr. Castaneda: Well, this is part of that.
127 ,July 24, 1906
F
Mayor Suarez: Well, do you want to deal with that? We're just giving you
$50,000 administration expenses to get your agency going from Community
Development Block Grant moneys, non-social services, etc. Now, let's take up
item 57 as long as you're here. You're saying 57 is ...
Mr. Castaneda: The total is $2,030,000. Let me explain what you did.
Mayor Suarez: You wouldn't want to leave without the big money here.
Mr. Castaneda: What you did was ...
Mr. Dawkins: You chopped $50,000 out of this money, that's what he's saying.
Mr. Castaneda: Right. No, Ok. Let me explain what you did. What you
basically did was to pass item ...
Mayor Suarez: Oh, yes, we took a percentage of that block grant.
Mr. Castaneda: Right, of item 59 which is the social program part, but you
failed to approve the application which is what the $2,030,000. That's fine
.... I'm not questioning procedure, I'm just explaining ...
Mayor Suarez: Madam City Attorney, do we have to take a separate motion on
the application? Can we wait until we decide on the rest of the moneys and
then we approve the application?
Mrs. Dougherty: You can do it either way.
Mayor Suarez: We'll do it when we get to item 57. I'm sorry, I thought that
there was a UDAG or some other grant application for you there.
Ms. Adker: Well wait.
Mayor Suarez: You got your $50,000. There is a technical motion that we have
to make to take the whole package and send it to the federal government with
our approval, the application.
35. CITY MANAGER TO FORMULATE COMMITTEE TOGETHER WITH HOST COMMITTEE TO
ATTEND "U.S. OLYMPIC FESTIVAL CONFERENCE" IN HOUSTON.
Mayor Suarez: Item 45, please, U.S. Olympic Festival. Someone wants to go?
Mr. Odio: Yes, sir, what happened with this, we received a letter from the
Olympic Committee ...
Mayor Suarez: It is going to be you and your basketball playing son that are
going down there?
Mr. Odio: No, this is bigger than that. This is asking us to bid on the
festival, the festival they have every year which is a huge undertaking. It
is like a mini -Olympics and we were after that for this year about three years
ago and we lost out to Indianapolis, and they have invited us to bid again and
I felt that it is important enough for you, the Mayor, and the Commissioners,
to appoint a committee to take the lead on this and to pursue this. It could
be a big event for Miami.
-� Mayor Suarez: What is the price tag?
_ Mrs. Kennedy: Mr. Manager, I know we have the "Good Will Games" at the
Olympics but this is one I don't know anything on.
Mr. Odio: This is the sports festival that is held every year in the United
States, it is like the Olympics but it is within the United States. They
divide the country into four parts and they compete among ...
Mayor Suarez: How much does it cost for us to be involved in this process?
128 July 24, 1986
_mow.
Mrs. Kennedy: What do we get if we win?
*
Mr. Odio: Well, I don't think you'll be competing at that level,
Commissioner.
Mayor Suarez: This calls for us to attend the festival and otherwise be
involved in the application process.
.
Mr. Odio: No, we're attending the meetings that they're holding in Houston to
bid. There will be the trip and the cost of staying there, that's all your
?'
costs at this time. The County will be involved with us if we get the bid,
and so will be the Chamber of Commerce and all other institutions.
Mayor Suarez: Are you asking us like for a declaration of purpose that we're
a v,
*>
interested in applying for this, or are you asking us for approval of
expenditures in relation to that application?
Mr. Odio: No, I'm asking you to take the lead on it, to appoint a committee
chaired by whoever you want to visit like we did when we tried to bring the
=
Superbowl to Miami.
Mr. Plummer: Like Superbowl Committee.
Mr. Odio: I'll leave it up to the City Manager myself, I don't ...
"
Mr. Plummer: Well, you can't do that, Mr. Mayor, because I've got to tell you
something, there is a hell of a lot of work that goes into it. You have to
make commitments and get in writing commitments prior for how many rooms are
,.
available with prices guaranteed, you have to get limousine schedules and
there is a lot of work involved in that. How in the hell can you do it by
July 26th?
Mr. Odio: No, this is only the bid process. I have the book and we can have
it.
Mrs. Kennedy: What kind of benefits do we bring the City if we are the
"":_.
successful bidders?
Mr. Odio: For instance, you will have three weeks of daily television
exposure nationwide.
Mr. Plummer: Yes, but what do they want from us up front?
Mr. Odio: Nothing. They want, we present the bid package ...
Mr. Plummer: Yes, but they always want x-number of millions of dollars up
front.
Mayor Suarez: Rooms and ...
Mr. Plummer: No, hard dollars just like the Republic and the Democratic
Convention, they want to bring their convention but boy, they want dollars.
How much?
Mr. Odio: In the bid that we presented I believe it added up to a million
dollars and which the state participated with half of it.
Mr. Plummer: It is a hell of a buy.
Mr. Odio: And the City, County and the Chamber really had a private sector
committee that raised a lot of money for it. Unfortunately, we lost out, like
I said, to Indianapolis and New Orleans.
Mr. Plummer: That's a hell of a buy for a million dollars, I don't think you
can get it for a million dollars. You'll be out bid completely.
Mr. Odio; We don't know until we get up there to that ...
Mr. Plummer: Mr. Mayor, you know, hey, we're a convention town, we're a
tourist town and this is the kind of thing that we want to bring here, and if
it is in joint concert with the State and the County and the City I think it
is a tremendous thing.
129 July 24, 1986
0 #1
Mayor Suarez: At this point we're not approving any particular budget for the
.x-
.'
application process? So it is a declaration of purpose, really.
Mr. Odio: No, you send a committee to Houston and you will listen there to
x;K
the pre -bid conference. They will tell you there the requirements that we're
talking about.
Mayor Suarez: It is easy to appoint committees.
Mr. Plummer: No, it's not, it is easy to appoint, but it hard to get good
members to go. I would so move that the City Manager formulate such a
committee to go to Houston to listen to the bidding process to put us at least
in the running, and we might decide at a later time that we don't want to, but
i'
if we don't go to Houston we'll never know.
Mrs. Kennedy: I second, and let me just ask you one more thing. Do we have
the facilities, the sporting facilities for this event?
Mr. Odio: Yes, we do. The only thing that we were lacking at the time that
we bid, and I was very involved with Ron Chase of Touche Ross and other people
in that, where we needed a velodrome and we discovered that we could rent a
in time for the mini -Olympics, and we
velodrome and have it installed were
:+
lacking an arena which hopefully we will have by 1990.
rah
Mrs. Kennedy: OK, great, sounds good to me.
#
Mayor Suarez: Is that a motion implied that you want him to designate the
committee? You said you want him to formulate a committee.
Mr. Odio: Would one of the Commissioners want to go?
Mayor Suarez: And I have no problem with that, that's what I suggested about
six minutes ago.
�
Mr. Plummer: I would suggest that the Manager in conjunction with the Host
Committee.
Mr. Odio: The person that is in the lead of this Olympic Committee is Sheila
Walker and maybe Commissioner Kennedy would like to ...
Park is Yes, I think I probably will.
Mrs. Kennedy: Now that Bayfront over.
Mayor Suarez: Yes, and take as many members as you can from the Host
- --
Committee.
Mr. Plummer: Well, you really don't need it at this point. What you're going
to, you're going to a bid conference, Mr. Mayor, in which they will outline
all of the requirements for you if you want to make a bid. That is when you
really, you try to get the governor to go, you try to get as many, you know,
influential top notch people that you can to go, that is when you make your
actual presentation. This is the bidding process.
Mayor Suarez: First you tell me you want a committee then you tell me you
don't want him to designate the committee, now you tell me we don't need the
committee at this point.
Mr. Plummer: No, sir.
Mayor Suarez: You just want to formulate a committee, OK, I'll vote for that,
whatever that means. We'll formulate a committee, the first time in the
history that we formulated a committee. I'll vote for it. Moved and
seconded. Call the roll.
130 July Z49 1986
The following motion was introduced by Commissioner Plummer, who moved
h._-.
�g
its adoption:
MOTION NO. 86-630
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER, IN
3.
CONJUNCTION WITH THE HOST COMMITTEE. TO FORMULATE A
.z..:
COMMITTEE TO GO TO HOUSTON, TEXAS, TO ATTEND THE PRE -BID
CONFERENCE IN CONNECTION WITH THE FORTHCOMING "U.S.
,.
OLYMPIC FESTIVAL CONFERENCE"; AT WHICH CONFERENCE
REQUIREMENTS FOR PARTICIPATION IN THE BIDDING PROCESS
a.:
SHALL BE OUTLINED; THE CITY COMMISSION TO DECIDE AT A
LATER DATE WHETHER TO ATTEND AND PURSUE THIS EVENT.
Upon being seconded by Commissioner Kennedy, the motion 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
S.
36.
90-DAY AGREEMENT
FOR CONSULTANT/GRANTSMAN SERVICES TO BE NEGOTIATED.
.`
Mayor Suarez: Item 46.
Mr.
Plummer: What is
it?
u
Mr.
Dawkins: 46 is,
I spoke with ...
Mr.
Plummer: We used
to have a Manager.
,...��.�,.
Mr.
Odio: Yes, sir,
I was trying to ...
Mr. Dawkins: I spoke with a gentleman who says that he writes grants and he
is a consultant and I would like for us to acquire his services on a 90 - day
basis, and if he doesn't produce as a consultant that we terminate his
consultant contract. And I have to say up front this is not a lobbyist. I
was called by the media to see if we were hiring another lobbyist and I do not
consider it a lobbyist, I consider it a grants person who will locate grants,
write grants and secure funding mostly in the areas of drug enforcement and
the Justice Department to help us do something to contain drugs in Overtown,
Liberty City, Coconut Grove and the rest of the area. So I would like for
this Commission to instruct the Manager to negotiate an agreement with this
gentleman and bring it back to us.
Mayor Suarez: Would you have any problem with making that on a continued fee
basis, he got a percentage of whatever he is able to get in grants?
Mr. Dawkins: If we do it on a contingency basis, Mr. Mayor, we're violating
the law because we both become government hustlers in that we pay him for
money he go out and bring back to us and it would be frowned on.
Mayor Suarez: Let the record reflect I take back the suggestion if it is
illegal against federal law, state law, local law, whatever law.
Mr. Plummer: Wait a minute Miller, did you say "gentlemen hustlers?"
Mr. Dawkins: Yes.
Mr. Plummer: Is that another name for a lobbyist?
Mrs. Kennedy: I love it.
131 July 24, 1986
Mr. Dawkins: That's why I was saying, Mr. Mayor, we could put him on a 90 -
day trial basis or ...
Mayor Suarez: How much are you talking about?
Mr. Dawkins: I don't know, I would let the Manager negotiate that.
Mayor Suarez: Up to a limit of some sort? Yes, I would like to have some
kind of limit here. Up to $10,000 a month, is that what the original ...
Mr. Plummer: Well, if they're going to negotiate give them free reign.
Mr. Dawkins: That's right, and if he doesn't I don't care if we pay him
Mr. Plummer: If we don't like what he negotiates he's dead.
Mayor Suarez: It's going to come back to us anyhow?
Mr. Plummer: It has to.
Mayor Suarez: I'm not sure we're approving anything, but yes, I'll go along
with the motion. Moved. We have a second?
Mr. Plummer: Second.
Mayor Suarez: Seconded. Call the roll. Any further discussion?
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 86-631
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE A 90-DAY AGREEMENT WITH MR. LOU KITCHEN FOR
SERVICES AS CONSULTANT/GRANTSMAN TO THE CITY, AT THE END
OF WHICH TERM THE CITY COMMISSION WOULD REVIEW, HIS
CONTRACT.
Upon being seconded by Commissioner Plummer, the motion 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
Mayor Suarez: If it is less than $50,000 you don't have to bring it back on a
consultant contract?
Mr. Odio: No.
Mr. Plummer: No, but he will.
Mayor Suarez: I guess the motion in this case requires you to bring it back.
Mr. Odio: OK, I'll bring it back.
Mayor Suarez: You'd better bring it back.
13Z July 24.b
37. A -SINGLE FAMILY RESIDENCES TO BE EXEMPTED FROM ASSESSMENT OF FUTURE
IMPACT FEES.
B-ENDORSE PROPOSED IMPACT FEE ORDINANCE AND REQUEST ANOTHER DRAFT OF
ORDINANCE.
Mayor Suarez: Item 49, impact fee ordinance.
Mr. Rodriguez: Good afternoon.
Mayor Suarez: Oh, you were trying to get up about two hours ago.
Mr. Rodriguez: Yes, that was on item 33.
Mayor Suarez: We never got to 33 did we?
Mr. Rodriguez: Let me try to cover what we have in front of you today. If
you remember, on May 7 when we discussed this item you were not precisely
agreeing with the recommendation that we were making and you asked us to look
at the whole thing all over again and come back with a recommendation for
impact fee, and today we have before you on the memo dated July 18, 1986 from
Mr. Odio to the Mayor and the Commissioners, a recommendation as to the policy
decisions that we are following in arriving to the impact fee. I would like
to pass to you the latest change that we have as of the meeting that we had
with the Downtown Development Authority Committee of yesterday, and you will
see in the copies that I'm sending to you that the typing is different.
Basically, let me try to cover each one of those policy decisions because what
I'm trying to get from you all today is an agreement that the direction that
I'm taking is correct so that the amount of information that we're generating
by the different departments will not be wasted. The rationale that we used
before hasn't changed and the requirements for a valid impact fee remain the
same. We are dealing now with page two of three with policy decisions, and
the first one that we have is that the City will be divided into distinct
geographic areas initially the six planning districts that we have in the
City. The amount of fee could be different across the different designated
areas in the City. The second item is that all new development in the City
which results in a net increase in either the number of residential dwelling
units or a square footage of use over 1,000 would require to pay the fee. And
I want to make you aware, Commissioner Plummer, that this is somewhat
different from what you wanted to do. We believe that we should assess the
fee to all new residential units too, even if they are single family - all new
development.
Mr. Plummer: You know, that's fine for the Chamber of Commerce to sit up
there and recommend to the D.D.A. and, you know, we're about in the process
almost of eliminating the D.D.A. also, so I think that speaks highly of what
we feel about their recommendations, but under no circumstances will I sit
here and vote to apply an impact fee to a single family residence - none of
them. No, sir. I think, you know, we are trying to develop this community in
a proper manner and I don't think that it is fair. A person who builds a
single family residence is not doing it for profit. It's not a commercial
venture. That's their home! You know, you build a duplex, you expect to make
a profit. It's a commercial venture, and as such they should be expected to
pay from that profit impact fees. But not a man who is building a home for
his family, under no circumstances. I'm only one vote, but that's how I feel.
Mr. Sergio Rodriguez: I would appreciate it, if when you vote on this today,
if you can, that you direct me into that direction.
Mr. Plummer: Let me....
Mayor Suarez: Who gets exempted?
Mr. Rodriguez: As to who gets exempted.
Mr. Plummer: I make a motion at this time that single family residents be....
Mayor Suarez: Totally exempted?
133 July 24, 1966
Mr. Plummer: Yes- due to the lack of interest....
Mayor Suarez: No, we have Commissioner Kennedy.
Mr. Plummer: O.K., I make a motion at this time that single family residents
be exempted from any impact fees. I so move.
Mr. Carollo: Second.
Mayor Suarez: Moved and seconded. I'm going to vote for that, but I may move
to exempt everyone from the impact fee ordinance. In other words, I'm not
sure that we need it at all, but I have no problem with that exemption.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 86-632
A MOTION DIRECTING THE CITY ADMINISTRATION TO TOTALLY
EXEMPT SINGLE FAMILY RESIDENCES FROM ASSESSMENT OF ANY
FUTURE IMPACT FEES.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins.
Mayor Suarez: Who else are we going to exempt now?
Mr. Plummer: Mr. Mayor, let me bring to your attention, if you're not aware
that under the new state law, as of July 1st....
Mayor Suarez: I'm glad you brought that up.
Mr. Plummer: O.K.
Mayor Suarez: Now what are we required to do by state law in regards to this.
I've asked this question so many times.
Mr. Plummer: We're not required to do anything.
Mayor Suarez: If we don't do it, certain consequences follow, such as not
participating in D.R.I. impositions or exactions or whatever.
Mrs. Dougherty: That's exactly right.
Mayor Suarez: I haven't quite gotten it up to now, maybe this time....
Mr. Plummer: No, I think the cheese is more binding than that.
Mayor Suarez: What did you say, Madam City Attorney?
Mrs. Dougherty; You're right; that's exactly right.
Mr. Plummer: O.K., but I think the cheese is still more binding, that if they
don't pay for the infrastructure charges up front, they don't get a CO under
the new state law.
Mayor Suarez: We would not be able to get our fair share of the A.R.I.
monies. Could we....
Mr. Rodriguez: No, let me try to clarify.
Mayor Suarez: That's what she's saying.
so on.
Unless they voluntarily tender and
134
July 24, 1906
Mr. Rodriguez: Right.
Mayor Suarez: Of course, they can always voluntarily tender whatever they
want. Supposing....
Mr. Rodriguez: Excuse me, or else we could approve it, but then the City
would be responsible for the infrastructure.
Mayor Suarez: We cannot carve out exceptions now or exemptions for all except
the D.R.I. type projects.
Mr. Rodriguez: I don't follow you, I'm sorry.
Mayor Suarez: Well, for example, supposing we pass an ordinance set forth
projects the size that require D.R.I. process, we would have an impact fee.
Mr. Rodriguez: According to the law, you have to impose impact fee across the
board.
Mayor Suarez: It's got to be universal. But we just exempted single family
residences. Do you think that'll fly?
Mr. Rodriguez: You can make exceptions. I think that we will have a stronger
law if we don't have exceptions. That's my personal opinion.
Mayor Suarez: We just passed an exemption.
Mr. Rodriguez: Because then it will be more easily defensible in the future
that we're applying this because any....
Mayor Suarez: You really think we cannot get away with exempting- supposing
this Commission were to want to do that- all except the D.R.I. projects, the
ones that are Developments of Regional Impact.
Mr. Rodriguez: You can't.
Mayor Suarez: Madam City Attorney.
Mrs. Dougherty: Precisely for the same reason that you mentioned earlier, you
can't impose any D.R.I. impact fees, unless you have it generally applied to
all other development.
Mayor Suarez: But we just made an exemption. We can increase the exemption
so that we only end up with the D.R.I. type projects? No?
Mrs. Dougherty: No, I....
Mayor Suarez: No, can't get cute about it? Because I hate to have another
impact fee ordinance. I respect greatly Commissioner Plummer's effort to get
some fees wherever we can, but I just can't see this.
Mr. Rodriguez: O.K., shall I continue? Number three, the amount of the fee
will be determined by estimating the cost of providing capital improvements
through the year 2005 of the following types: street improvement, storm sewer
improvements, parks and recreation facilities, fire rescue facilities and
equipment, police facilities and equipment, solid waste collection facilities
and equipment, and any other general government capital improvement. The
cap....
Mr. Plummer: Does that cover everything?
Mr. Rodriguez: Well, I want to make sure that we will have any other
possibilities that we may have.
Mr. Plummer: What doesn't it cover? Give me an example of what it could....
Mayor Suarez: What did you leave out, if anything?
Mr. Rodriguez: Any other capital facility could be, for example, maybe a
stadium.
135 July 24, 1986
eli
^�
Mayor Suarez: Exhibit hall.
Mr. Rodriguez: Or exhibit hall, maybe. I don't know how well we could relate
and establish a nexus in that case, but I want to leave it open, just in case.
In addition to that the cost will be based in a specific capital improvement
program to accommodate the future growth in those specific areas. The next
item is that the developers will be allowed credits of setting a portion of
?
s
all of the assessed fee for providing specifically intended improvements. The
next item is....
Mr. Plummer: Woal As approved by this Commission.
Y
Mr. Rodriguez: Well, we established....
Mr. Plummer: Who's determination?
Mr. Rodriguez: The way we have the... we can do it that way. The way we
have it is that we have a committee that will review and establish... we have
the law establishing impact fee. Then when a person, an applicant doesn't
agree with that, he can appeal that to the committee that we had proposed in
the past.
Mr. Plummer: Who is the committee?
Mr. Rodriguez: The committee could be composed of the department directors.
Mr. Plummer: No wayl
Mr. Rodriguez: Then you want the appeal to come to the City Commission.
Mr. Plummer: Sure Well, not necessarily an appeal, O.K.? But if they are
swapping one thing for another, I think it is up to this Commission to
determine whether or not there is equal value.
Mr. Rodriguez: I am concerned that you're going to be flooded with requests.
That's my concern.
Mr. Plummer: O.K., you want to make it as an appeal process? O.K., then you
can hear it first and then if they're denied, they can appeal it to the
Commission?
Mr. Rodriguez: Right.
Mr. Plummer: That's fine. I have no problem with that.
Mr. Rodriguez: Only development which will be City owned and operated will be
exempted from the impact fee.
Mr. Plummer: Wow I love it! That means that if the County builds
something, they have to pay it.
Mr. Rodriguez: Right, or if we have property that is used by... is leased to
a private developer, they would have to pay.
Mr. Plummer: Exactly.
Mr. Rodriguez: The assessment of an impact fee on a development does not
preclude the possibility of additional assessments or exactions. At the same
time, development must not be charged separately for facilities or capital
improvements already covering the impact fee. The next item is that on this
assessment will not be made, rather it will be assumed that all existing
facilities in all areas are satisfying existing needs and impact fee funded
improvement benefit additional growth only. What we're saying with this
is....
Mayor Suarez: Not past developments, not existing developments.
Mr. Rodriguez: No, what we're saying with this is that each one of these sub-
areas that we have, geographic sub -areas, the standards that we have for a
type of facility is the existing services that we have for a type of facility
is the standard, and any new growth to that area will create an impact in that
Standard, in that facility, and obviously, we're going to charge for that
is,pact created by the new project.
136 July Z6, 1986
a'.
Mr. Plummer: For example when they built in the Grove recently, they had to
come down the middle of 27th Avenue with a huge water main to supply water to
those buildings. That was done after some of these buildings were built. Are
you saying that those buildings would benefit, but would not be assessed any
cost?
Mr. Rodriguez: What I'm saying is that after the facility has been
constructed, we will have a standard for the area. Any new development that
comes into the area will have an effect on that facility. So we will charge
new development for the impact that they create on the facility.
Mr. Plummer: O.K.
Mr. Rodriguez: Next, additional fees will be charged by the City to finance
state and county owned and provide capital improvements and facilities upon
submittal of the fee to be charged by these entities and acceptable to the
City. What we're saying is that we could collect for the state and the
county if it is acceptable to us.
Mr. Plummer: Fine.
Mr. Rodriguez: Next, the fee will be paid at the time of the building permit
issuance. If you look at the second sentence in that second part of the
sentence, we have a change of typing over there. This was requested by the
people that we met with. The problem they have with this recommendation, if
we don't add the second part of the sentence is that if we were to charge, for
example, for an impact fee for solid waste collection, they feel that they
would not be having an impact on that type of facility until the building is
well under construction and finished and getting ready to be occupied. I am
not sure whether this is a good exception or not. I am reflecting it because
in the meeting we had we went through a lot of discussion. I felt that they
were making a good argument in this case. I don't know where we will stand
legally in the future. I would prefer to have everything charged a building
permit and everybody covering the same....
Mr. Plummer: I agree with you. I understand their reason, they make a good
point. Could it be worded in such a way that it would be held in escrow until
such time as the services started?
Mr. Rodriguez: We can do that.
Mr. Plummer: It's not right to charge them, even though- wait a minute, wait
a minute. You know and I know that when a sewer line is put down the center
of a street and declared operational, whether you hook up to it or not, you
still pay a double water bill from that day forward.
Mayor Suarez: Let me clarify something on that point too, because he
mentioned before, Commissioner Plummer mentioned water mains. That would not
be relevant to this process. Would it? I mean isn't that totally under WASA.
Mr. Rodriguez: Storm sewer would be applicable.
Mr. Plummer: We're still doing storm sewers.
Mr. Rodriguez: But in this case though....
Mayor Suarez: No, the other hypothetical you gave.
Mr. Rodriguez: ....the concern that I have with this exception to the rule
would be that they might be .%ble to claim the same argument for any other of
the facilities.
Mr. Plummer: I thought that those fees had to be paid prior to the issuance
Of a C.O.
Mr. Rodriguez: We are recommending that we do it at the time of the building
permit.
-= Mr. Plummer: I love that.
137 July 24, 1986
3 4 �•
Mr. Rodriguez: Because we are concerned that we get stuck with people that
CO has already been
will not pay, like we have had in other cases, and the
are the
we going to ?oE
L ;
given on a temporary basis, and then,Throw
at the beginning the whole
people, the tenants out? So we want p
thing.
Mr. Plummer: I agree. I think you should strike the last wording.
Mr. Rodriguez: Next, after the City determination of the amount of the
review of
development impact fee or credit due, an applicant may request a
Fees collected will go into
,.
such fee. That's what we discussed before.
imat fee related cpita
special capital improvement funds set up forrea hpsc ecif c geographicaareal
P
+
improvement by capital improvement category
to collect a fee, for example, for
So what I'm saying with this is we're going
facilities, for police facilities, parks facilities and
z -'
storm sewer for fire
The money has to go specifically for that type of facility
so on per area.
That's one of the... you have to establish a logical nexus in
for that area.
the collection of the fees, otherwise, we have problems in court later on.
is the
"
You cannot take from Peter and give it to Paul. Whatever
from monies collected on area
expression. Give it to Cesar. You cannot take
A and use it in area B.
Mr. Plummer: O.K., then are you going to conversely say that any monies
derived in area B cannot be used in area A?
x_
Mr. Rodriguez: Yes, for sure.
..:
Plummer: I'm talking about impact fees. For example, we're passing a
Mr. those
x
.
bond issue. It is paid for by the entire City. Then you cannot use
.•
monies in area A.
',4
Mayor Suarez: That's interesting. We could assess on the basis of the
That's what
•:
regions, but we could spend on citywide basis, or can we not?
Commissioner....
Mr. Rodriguez: On impact fee, you have to collect... the money you
collect....
Mayor Suarez: For collection.
» .:.
Mr. Rodriguez: The money you collect you have to disburse it in that area for
g
the facility that was intended.
Mrs. Kennedy: In that area.
Mr. Plummer: O.K., who draws what are the geographical boundaries?
Mr. Rodriguez: We are recommending that we use the same planning areas that
we have in the City at this point?
Mrs. Kennedy: You're talking about six geographical areas.
Mr. Rodriguez: Geographic areas that we have. We show these that you have on
this board.
Mr. Plummer: For example, section E would never really get any impact money,
or little. But yet, we're going to have to provide....
Mr. Rodriguez: You're right.
Mr. Plummer: ....police stations, fire stations, equipment, sanitation, and
all of that citywide.
Mr. Rodriguez: From tax money. That's a problem that we're going to have,
but I mean, that is a shortcoming of the impact fee.
-- - Mayor Suarez: Sergio, along the same lines of questioning as Commissioner
Plummer, but really taking the up of the converse view of all this* these are
for capital improvements. The typical items are parks, sewers, two different
kinds of sewers, sanitary or storm.
Mr. Rodriguez: Storm sewer,
138 July 24, 1986
ffir Mayor Suarez: Not sanitary?
Mr. Rodriguez: Only storm.
?.;
uarez: Onl storm, roads, bridges, and durable goods like the ones
Mayor Sy WASA and
used by the fire, police, and so on. Water mains or outlets, that s
we approved $7.8 million to be
so on. Parks, if you noticed this morning,
of Bayfront Park. We've got a nice fund there and I
-
=:
spent on parks outside
don't know that we intend to build too many more parks t the City. Storm
storm
I don't know where in the City we're going to start building
sewers, we
I'm told that you want to do it in Coconut Grove, or someodsinsthe
sewers.
should do them in Coconut Grove. I wonder about that. Roads, people
have
-
City don't want any more roads. We got too many roads, except where you
need
D.R.I. type projects downtown and you need bifurcated ramps and you
left with a column of
a.
special provisions. Bridges, the same thing, and we're
for fire and police protection type goods,
future capital expenditures
think at's what I
or durable goon suorthose those
permanent goods
to get. You start building p funds, theoretical fundsthat
going
people have to contribute to, I just don't know what you're going to come up
sense
with in a City like Miami. This impact fee ordinance doesn't make any
for Miami for that reason.
•._..
Mr. Plummer: Let me argue the other point. These people that are developing,
I don't think
Mr. Mayor, are in the development business to make a profit.
as a single-family homeowner have to pay out taxes
it's right that I or you
for them when they are making a profit. I think that
t5-
and provide service
these logical fees should come out of the profits that they're making, that
'
piggyback on our taxpayers money and mine, and
they should not be able toy
make a profit to boot. I think that's where we have the difference.
Mayor Suarez: No, the big developers are going to have to pay huge fees,
Councilcriteria th
according to the South Floridai Regional
way Planning
oout our hands on hose,
r
al
D.R.I. criteria. If we can g u
ordinance applicable to other smaller projects. I
,
without having to pass an
love to do that. I just haven't figured out a way to do it.
Mr. Plummer: What I have said is, on a multi -unit apartment house, they're
making a profit off that. They should, in fact, take from that profit and pay
That's why
a;.
for the capital improvements, or the infrastructure improvements.
the state passed such a law.
Mayor Suarez: Give me an example of one recently. That's s good one, I mean,
-
—
give me an example of a multifamily apartment building or whatever that
—
created a need for infrastructure.
Mr. Plummer: Vizcaya over here.
Mayor Suarez: They're going to have to pay for whatever they, we approve over
there.
Mr. Plummer: No, no, no, they're not paying an impact fee as such, but they
are going to create....
Mayor Suarez: But what capital improvements would you say are attributable to
the Vizcaya project?
Mr. Plummer: They are going to create an impact on the neighborhood.
Mayor Suarez: What roads or bridges or parks or whatever are going to be
required by the addition of that particular project over there?
Mr. Plummer: O.K., you're going to have the need, as you develop these kinds
of structures, you're going to have, instead of on three family residential
sites, you're going to have 104 apartments. You know that they build one, two
or more of these, you're going to have the demand....
Mayor Suarez: And they're going to create all kinds of operating expenses for
us by being there, but I don't see about the capital expenditures.
Mr. Plummer: What about a park?
139 July 24, 1986
Mayor Suarez: Unless you plan to build a park in that area.
Mr. Plummer: What about more additional sanitation? All of these things have
to be....
Mayor Suarez: But you can't charge for operating expenses.
Mr. Plummer: No, no, no, not operating, capital. What about storm sewers?
Mrs. Kennedy: Storm sewers.
Mr. Rodriguez: If I may add, I don't know much....
Mayor Suarez: Would the Vizcaya project add any storm sewer requirements to
that area?
Mr. Rodriguez: For example, they would add a portion of a requirement for a
fire facility or for a police facility.
Mr. Plummer: Exactly.
Mayor Suarez: That's what I'm left with, fire and police. If you just build
up that little stack of future capital improvement funds and only allocate
those, I have no problem.
Mr. Odio: We're doing a study on storm sewers, the more square foot you
build, the more need is built there, because there's no percolating of the
water or whatever.
Mr. Rodriguez: The biggest concern that I see with this is that because of
the geographic areas that we have, we might end up with very little fees
collected for certain areas. We have a statement over here by which if we
don't have enough after a period of time in use for a facility, we will return
the fee to the applicant.
Mayor Suarez: Can we make the whole City a region? That way we take care of
Commissioner Plummer's concern on that?
Mr. Rodriguez: It would be more difficult to show the logical nexus that you
have to establish and the rationale.
Mayor Suarez: The old logical nexus standard begins to....
Mr. Rodriguez: Right, if you look in the....
Mr. Plummer: Wait a minute, you didn't answer the Mayor's question. Can we
declare the entire City as one region?
Mr. Rodriguez: I think that we have a weaker case before court when we are
challenged.
Mrs. Kennedy: Most of it will be the downtown area, right?
Mr. Rodriguez: Yes, one of the rationales that you have to follow on this is
that the capital facility or improvement cannot serve the public at large, but
must serve those in a specific geographic area or sub -area that contribute
toward it.
Mr. Plummer: Whose recommendation was that?
Mr. Rodriguez: That is part of the rationale that you have on impact fees
that have been supported in court.
Mr. Plummer: Is that state law?
Mr. Rodriguez: Not but it has been supported in court this way.
Mayor Suarez: Why don't we pass an ordinance that will very quickly be
invalidated by the courts? That's a great idea. Nobody else thought so, but
I thought it was.
140
July 24, 1986
x
P.
x
.rt.
rr; Mr. Rodriguez:
The next item is the City shall annually, in conjunction with
the annual capital budget and capital improvement program adoption process,
redesignations, and
view impact fee procedures, assu Ptions,ant to of datelasit+orome increase it or reduce
assessment to make sure that if you P issue
it, do it that way. Using the proceeds of the impact fees, the City may
bonds, revenue certificates and other obligations of indebtedness.
Mr. Plummer: We can use it for that.
¢...
Mr. Rodriguez: In the event that a fee collected has not been spent or
the calendar quarterrom the dateethefeewascollected,
following,
encumbered by the end of
is a correction that we made, six years f
with interest at the rate of 3% per annum.
the money shall be returned
Mr. Plummer: So it behooves us to spend it.
r Mr. Rodriguez: It means that we have to spend the money for the reason that
it was intended. If we don't use it, we don't encumber it,
we return it to
he fees will
the applicant with an in of 3X. Finally, tial and nonresidential
dentialminWe
for only two types of land use categories, residentialing
don't feel that we should- if we go into redfii nSS already, subdivid
and weedon't
of categories, it will be more cumbersome than
feel we should get into that.
Y �vyi
m Mr. Plummer: Mr. Rodriguez, do you feel, in your professional judgement, an
impact fee is good for this City or not good for this City?
' fee that will provide more benefits in the City is
Mr. Rodriguez: I think any My concern is how much can we
.. in theory good. So, in that sense, yes.
collect and because this is one of the first examples of fees imposed on an
area that is already developed and that will we P o a o court. a lot n redevelopment,
there are many unknowns on what we're doing i g
<.< Mr. Plummer: So what do you want us to do?
�hi'
1 - Mr. Rodriguez: I would like you to endorse the approach that I'm following,
x h or I'm proposing, as to the policies that we have so that what we are doing
now, with all the work that we are undertaking with the different departments,
" we have a clear direction as to a policy. Then the implementation of it will
'y just be calculation of all this information that we have to get.
"t-
Mr. Plummer: You will bring it back before us?
Mr. Rodriguez: Oh, yes, with the ordinance and the whole thing. But I don't
-- want to proceed with this and then find out, for example, like in a case of
_ single family, that you might not like it and then we have to hold and throw
the whole thing.
Mayor Suarez: We voted on that.
Mr. Plummer: I move that we send the rest of it to them to formulate the
ordinance.
Mrs. Kennedy: I don't think he has finished.
Mr. Rodriguez: I finished, the only thing that I want to mention is that
there are people here from the committee.
Mayor Suarez: We're not going to let him go any longer.
Mr. Rodriguez: There are people here from the committee. I don't know if
they want to speak on this or not.
Mr. Odio: No, no, please. We have a lot of items left, J.L.
Mr. Rodriguez: We met -it wasn't yesterday, the day before. I don't know
whether....
Mr. Plummer: Why don't you let them come back and speak at such time as when
the ordinance is drafted.
Mr. Odio: Yes. please, we have a lot of items.
141 July 249 1986
3
�1;
Mayor Suarez: That's fine, in the meantime, you might want to let the
oncept. it
respective Commissioners n forow how you developerse to about
cc
ome to Miami. Wealready have
could create a disincentive
a high tax rate and this has been discussed extensively at D.D.A. meetings and
otherwise.
Mrs. Kennedy: But on the other hand, it could be an innovative approach to
meeting financial shortfalls in local government.
Mayor Suarez: Do we have a motion on it?
Mr. Plummer: Yes, if that's necessary, I'll move it.
Mrs. Kennedy: I'll second.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-633
A MOTION ENDORSING A STATUS REPORT ON PROPOSED IMPACT FEE
ORDINANCE AS PRESENTED BY THE ADMINISTRATION ON THIS DAY;
FURTHER DIRECTING
ORDINANCE FOR FINALADMINCOMMISSOION T CONSME BACK IDERATION.
WITH A
DRAFTED 0 IDERA ION
Upon being seconded by Commissioner
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: Vice -Mayor Miller J. Dawkins
Kennedy, the motion was passed and
DURING ROLL CALL:
I still think that we'd be better of
Mayor Suarez: I'm going to vote no.
with that voluntary system that we have now.
Mr. Plummer: What's it got us so far?
Mayor Suarez: Any major D.R.I.s are going to have to tender it otherwise,
they'll never meet the approval.
Mr. Odio: We got ten trees.
Mr. Plummer: Mr. Mayor, as I've told you before, I want you to know that the
D.R.I. process, it looks like from the Growth Management Committee, is
definitely going to make a radical change. And I think it's a good change.
Mayor Suarez: I'll probably end up agreeing with that.
38. DISCUSSION OF RECENT LEGISLATIVE ENACTMENTS AFFECTING CITY LITIGATION
Mayor Suarez: Item 50. What are the recent legislative enactments affecting
City legislation?
Mrs. Dougherty: Mr. Mayor, some time ago, during the process of one of our
settlements, Commissioner Plummer asked that we report on the effect of the
recent legislation on City tort cases. I've done that, and the truth is it
doesn't affect the City very much because Of our
to be morge di�ligent'inifiiing
the
exception of the fact that we are going to have
offers of judgement, because any case that comes in outside of 25% of whatever
you offered, we're going to have to pay attorneys' fees on. So we'll be
coning to you more often with those sorts of items.
142 July 24, 1986
17'a
Mayor Suarez: No required resolution, motion, action?
Mrs. Dougherty: No, this is simply a report.
39. DISCUSSION CONCERNING STATUS REPORT ON DISPOSITION OF CASES IN CITY
ATTORNEY'S OFFICE - JUNE 1985 TO JUNE 1986
Mayor Suarez: Item 51.
Mrs. Dougherty: Again, this is our yearly report on the disposition of all
cases other than the settlements. As you know, you've become aware of all of
our settled cases above $49500. All of the other cases that have been
disposed of by judicial intervention or otherwise. As you can see, as you go
through them, the City's staff has prevailed in every single one of these
cases. In fact, since we reported on this....
Mayor Suarez: We're batting a thousand since when?
Mrs. Dougherty: Since last June. Since this report was prepared, we've also
won in the Third District Court of Appeals, the F.O.P. case, where they
challenged the Manager's appointment of certain lieutenants. We've also won
in the Eleventh Circuit Court of Appeals a reversal of a $60,000 civil rights
verdict. So, we're very proud of this record and we're keeping now on a
yearly basis, the average per claim that the City has paid out. This year, it
is $4,264.00 for 625 claims which have been disposed of.
Mayor Suarez: I entertain a resolution from this Commission....
Mrs. Dougherty: There is no resolution required. Again, it's simply a
report.
Mayor Suarez: Just commending your department for the fine work you've done
over the last year.
Mr. Plummer: We did that with a pay increase.
Mayor Suarez: I will send a private letter then to the department.
Mr. Plummer: You voted against it.
Mayor Suarez: I'm never willing to pay them for the work they're supposed to
do, pay them any more than they're getting.
Mr. Plummer: Have you ever tried to cash at the grocery store a certificate
of appreciation?
Mayor Suarez: People seem to request them all the time. I don't understand
why.
40. DISCUSSION AND TEMPORARY DEFERRAL CONCERNING MIAMI CAPITAL DEVELOPMENT
INC. (See label #48)
Mayor Suarez: Item 52, Miami Capital.
Mr. Dawkins: Mayor, I put Miami Capital on there. I would like to- I don't
mind seeing them operate, but I'd like to see an audit of what has happened in
Miami Capital, so that when I sit down with the new director, I can tell him
that this is what happened and this is what didn't happen. This is what you
are responsible for. This is what you did and this is what you didn't do. I
would hope that we would not sign a contract or give Miami Capital any money
until the audit is complete.
Mayor Suarez: When is that audit expected to be completed?
143
July 24, 1986
gut
- 4;L
Mr. Odio: I'm instructing Chhabra to proceed with the audit as soon as
possible. How far back do you want us to go, Commissioner? You know you can
do the audit for last year, or for....
Mr. Dawkins: For the last two years.
Mr. Odio: Two years.
Mr. Plummer: Let me ask consideration. Do we want to consider possibly,
Commissioner Dawkins, to go to an outside audit rather than in—house?
Mr. Odio: Commissioner, I'm informed by Herb Bailey that we have an audit
concluded from the last five years.
Mr. Dawkins: You have it completed?
Mr. Odio: Yes.
Mr. Herb Bailey: Commissioner, your memorandum to the Manager asked to have
an audit for the last five years. We just got the last one yesterday. We're
summarizing those and you'll get a memo from the Manager next week.
Mr. Dawkins: Commissioner Plummer, do you think that we need to have an
outside audit?
Mr. Plummer: I don't know. There's been....
Mr. Dawkins: I mean to confirm, so we can have two audits. Is that what
you're saying?
Mr. Plummer: Mr. Bailey, what is your recommendation? Do you think it needs
to be done by an outside independent?
Mr. Bailey: I, after some discussion with staff, I think we should have an
independent audit on the loan portfolio. We have a concern as to whether or
not the method in which they provide loans, which is a fifty/fifty basis as to
whether or not the 50% of the loan that is supposed to come from the private
sector has actually been put into the project. We would like to verify that
so that we can determine if they need to modify the methods of making loans.
Mr. Plummer: Can you determine that from the audit that you presently have?
Mr. Bailey: No, we can't.
Mr. Plummer: What do you envision that an outside audit would cost?
Mr. Bailey: We have in the contract a provision to request an outside audit
and deduct it from the amount that we have provided for them in administrative
costs.
Mr. Plummer: My question is how much would it cost.
Mr. Bailey: I would say somewhere between $10,000 and $15,000 for a
certified public accountant firm.
Mr. Plummer: I think it's money well spent. As Paul Andrews used to say, "If
it can't stand public scrutiny, it can't stand."
Mr. Odio: I hope ten years from now you'll quote me.
Mr. Plummer: No, I can't say it in Spanish.
Mr. Dawkins: Who was Paul Andrews? I don't remember.
Mrs. Kennedy: I think it loses in the translation.
Mr. Dawkins: Who was Paul Andrews?
Mr. Plumer: The former City Manager.
Mr. Carollo: That was in J.L.'s times.
144 July 24, 1986
Mr. Plummer: You bet your bippyl And he was a good one.
Mr. Dawkins: Mr. Manager and Mr. Mayor, I make a motion that the Manager
provide us with the in-house audit and that the Manager be instructed to
obtain the services of an outside audit to audit that portion of the audit
that the administration has some questions with and at that time, we will sit
down and hire this gentleman as the director, giving him a clean slate and a
clean bill of health so that we will know who to hold responsible for the
errors and how the money has gone and what have you.
Mrs. Kennedy: The question is can they survive. How long will this take?
Mr. Dawkins: He's been operating on a month to month basis for how long?
Mr. Plummer: You can't do that. I'm sorry, Commissioner.
Mr. Odio: May I ask....
Mr. Plummer: We cannot hire this man.
Mr. Dawkins: I mean whoever.
Mrs. Kennedy: I think he has been hired.
Mr. Odio: No us.
Mr. Bailey: The Board of Directors has made....
Mrs. Kennedy: The Board hires him.
Mayor Suarez: I think he means approve the budget.
Mr. Odio: Can I ask him a question? I understand that you have already hired
an outside auditor.
Mr. Pablo Perez -Cisneros: That's right.
Mr. Odio: Who are they?
Mr. Perez -Cisneros: By the way, my name is Pablo Perez -Cisneros and I'm the
new executive director for Miami Capital. I have with me here Mr. Domingo
Perez, who is the deputy director and also the comptroller. Just for the
record I would like to state that Miami Capital has been audited since its
inception by the general inspector, the Department of D.D.A., Barazosa and
Gabriel, Price Waterhouse, Deloitte, Haskins, and Sells, General Accounting
Offices in Washington, D.C., Coopers & Lybrand, Economic Development
Department of the City of Miami, W. Coon from H.U.D., City of Miami auditors,
which we have a pending audit report for discussion, and on August 4th we have
a new auditing coming on from Coopers & Lybrand. I have no problems with any
audits that have to be done on Miami Capital. I just don't see why there is a
need to hold the funds that we need in order to operate and to be able to....
Mr. Plummer: You heard the discussion of Mr. Bailey, who indicated that there
was some question in reference to the outside private funding. Obviously,
that answer is not forthcoming with the audits that have been done.
Mr. Bailey: May I say, Commissioner, that all of the audits that have been
made, we are pretty much aware of them. I don't know whether it is
appropriate at this time to discuss the results of those audits or the finding
that have been made by those firms that made the audits. I guess where we are
now is to determine do we react or do we act in accordance with what those
audits recommend. I think we need a little time so that the Manager can be
aware of the seriousness of some of the things that the audits have pointed
out. They do have an independent firm, Coopers & Lybrand, that audit them
every year. They do issue management letters based on observations of things
they think Miami Capital should be doing. It was just this year that I
finally got them to begin to respond to some of those discrepancies and some
of those concerns. I have audits on file now from four different firms, all
of whom have come up to basically the same conclusions. Those conclusions
are....
145 July 24, 1986
IS
aq
1
Mr. Dawkins: No, don't name them, because I want an independent audit to see
:
if they come up with the same thing, Mr. Ba ey.
Mr. Bailey: All right, but we are aware of those audits and I would just like
by the
to say to Mr. Pablo Cisneros that the audit that was made general
are operating in
accounting office was not an audit in regards to whether you
if the riot funds had
`
accordance with the contract. It was an audit to see
intended.
,._
been appropriately applied to the use that they were
Mr. Perez -Cisneros: I'm aware of that. I have with me here also, in a
Coopers & Lybrand, if there
}„
question of the last audit, one of the members of
in compliance or not at this
is any need to ask him any questions, if we are
time.
Mr. Dawkins: Mr. Mayor, I'm going to call the question. I'd like to call the
¢
question. I've made a motion that we accept the audit and that we get an
have being spent
outside audit to determine that these funds that we are
correctly. Did I get a second on that?
Mr. Carollo: What is the motion?
Mr. Dawkins: The motion that we get an audit, Joe, to determine....
Mr. Plummer: Sure.
Mr. Dawkins: ....what we're doing... We already have an in-house audit. We
"
outside and get an outside audit for some gray area that we have to look at
go
and they report back to us s we make a decision.
.,
ae.o
Y
Mr. Perez -Cisneros: We'll have that on August 4th; we'll have another outside
audit.
Mrs. Kennedy: Would you entertain, Commissioner, an amendment to your motion
also including that we approve their budget so that these people could start
operating?
k
Mr. Dawkins: That's why, I mean, no, ma'am, that would have to be a separate
"
motion.
Mrs. Kennedy: O.K.
Mr. Dawkins: See, because I'm under the impression that I don't want to give
a0;
them any money until I know what they're doing with it. I've been here with
Capital is just like the
-_
them, Commissioner Kennedy, for five years. Miami
and they do things. You spank them on
_
Miami Sports Authority. They go out
they say, "I'm not going to do it again." Then they go out and
the hand and
do something else and they come back in and you don't know what they're doing.
Mrs. Kennedy: I understand. I've had no dealings with Miami Capital, but I
However, with
-
understand that there were a lot of bad connotations about it.
-_—
Mr. Cisneros, whom I know, I'm sure that he will be able to straighten it out.
But I agree with what you're saying.
-_
Mr. Dawkins: I share your concern. I don't think, after having met with the
Miami
gentleman, that we could have picked a better man to hire to put over
the
=
_=
Capital; but I don't want him blamed and I will blame you if you accept
responsibility for all the things that I feel have gone wrong.
=
Mayor Suarez: Let me ask the director a question on that. If this motion
have authorized?
passes, what do you do about this audit that you already
be the one to
_-
Because I get the feeling that this Commission wants to
determine who audits, and not your own board.
Mr. Perez -Cisneros: I feel very comfortable at this time with any type of
=_
audit. I have one coming up.
-
Mayor Suarez: Can you stop that audit with Coopers & Lybrand?
Mr, Plummer: Coopers & Lybrand is their annual audit.
Mayor Suarez; Are they involved in a special audit or they just....
146 July 24, 1986
c
•
Mr. Perez -Cisneros: That's the annual audit.
Mayor Suarez: That clarifies that.
Mr. Perez -Cisneros: It would be my preference, Mr. City Manager, not to use
Coopers & Lybrand. They've been the City auditors for I don't know how long.
They presumably have been auditing this agency. We ought to get someone else.
Mr. Plummer: It would not be independent if they are doing their annual
audit, absolutely notl
Mayor Suarez: Absolutely, good point!
Mr. Dawkins: And this is no reflection on you at all.
Mr. Plummer: Not yet.
Mayor Suarez: We have a motion. Do we have a second on that?
Mr. Carollo: What's the motion again?
Mr. Plummer: Second.
Mayor Suarez: To carry out an independent audit by the City to report back
within how much time?
Mr. Plummer: How much time would it take?
Mayor Suarez: How much time would it take for an independent audit?
Mr. Odio: I think you're talking 45 days.
Mr. Bailey: Because it's not a large scope, we could do it and have it
completed in about 45 to 60 days.
Mr. Dawkins: 90 days and are we going to incorporate, Commissioner Kennedy's
motion to fund them for 90 days at 1/12th of their funding?
Mrs. Kennedy: Let me address that issue. If you have enough money to carry
you for this time....
Mr. Perez -Cisneros: Number one, I'd like to know who's going to pay for this
external audit.
Mr. Plummer: We'll let you know.
Mr. Odio: We'll send you a bill.
Mrs. Kennedy: Don't call us: we'll call you.
Mayor Suarez: You know, you're just off the hook on that if this Commission
approves it, basically the Commission is saying it's going to pay for it.
Mr. Dawkins: No, no, no, it comes out of their budget.
Mr. Odio: Mr. Mayor, he said they would pay for it.
Mr. Plummer: Oh, it's part of their contract. They got to pay for it.
Mr. Bailey: It's part of their contract. Even the audit that we request is
also part of their contract.
Mrs. Kennedy: Would you answer my question, then, please.
Mr. Bailey: They, because their contract indicates we have to notify them 30
days prior to the expiration or the contract is otherwise automatically
renewed. They have a contract and they're working on the same contract. They
do have funds. They have funds that I think are pretty close to three
quarters of a million dollars for which they use the interest from that to pay
the administrative costs. Of that total budget, we only fund about one third
of it for administrative costs.
147 July 24, 1986
+c •
Mr. Plummer: Lets ask them what is your balance.
Mr. Perez -Cisneros: Let me ask the deputy director to answer that question,
who is more familiar with the numbers that we have right now at this moment.
Mr. Domingo Perez, My name is Domingo Perez. I will tell the Mayor and
Commissioners we have some funds for a short period to survive, let's say.
Mr. Plummer: The question is, sir, how much? Cuanto?
Mr. Perez: How much, I cannot answer that now.
Mr. Plummer: And you are the comptroller and you can't answer that question?
Mr. Perez: Yes, I can answer that question. I would say 60 days. How much
is about S100,000.
Mr. Plummer: You have a balance sheet right now of approximately S100,000.
Mr. Perez: Yes.
Mr. Plummer: And you say that they have a balance sheet of three quarter
million. Something is lost in betweenl
Mayor Suarez: No, we're talking about loan portfolio versus operating.
Mr. Bailey: I would suggest that you include in your calculations, Domingo,
your C.D.s that you have on deposit that are earning interest.
Mayor Suarez: Ahal the old hidden C.D.
Mr. Plummer: How much in C.D.s do you have?
Mr. Perez: Well, but that is principal that we cannot use.
Mr. Plummer: I can't hear you, sir.
Mayor Suarez: Why can't you use the principal?
Mr. Perez: The C.D.s are principal that we cannot use for administrative
expenses.
Mr. Plummer: How much is there, sir?
Mr. Perez: About $9O0,O0O.
Mr. Plummer: About $9OO,O00 plus $10O,0O0 balance.
Mrs. Kennedy: We could use that.
Mr. Plummer: Would you loan us some money?
Mr. Perez: Well, if you submit the application and the loan committee
approves it.
Mayor Suarez: This is not a private application for his funeral home now.
Mr. Plummer: You're up here talking about a $10,O0O audit?
Mr. Carollo: Remember the last time they tried to expand his funeral home?
Mr. Plummer: My Codl I should be so brokel
Mr. Perez -Cisneros: Ninety days is something that we can leave on, but it
really is going to put a lot of constraints. That's the reason why I wanted
to ask for a vote now on the....
Mr. Plummer: Commissioner Kennedy, I think they have sufficient funds to
carry them over.
Mrs. Kennedy: Do you want to add anything else?
148
July 24, 1986
up
Mr. Perez -Cisneros: We can always come back and borrow from this.
Mrs. Kennedy: I haven't lost anything else.
Mr.
Plummer:
You are
aware that you can take out a
loan against a C.D.? And
being on the
you
can get
the loan
for a lot less money than the
interest paid
C.D.
No, if
you cash
them in, you take a penalty.
Mr. Dawkins: But you still have money to operate.
Mr. Plummer: Yes, but you can take a loan against a C.D.
Mrs. Kennedy: Why don't we just approve the budget for three months.
Mayor Suarez: Pending the audit.
Mrs. Kennedy: Exactly, pending the review of the audit.
Mr. Carollo: I will make a motion for that, if you like.
Mr. Michael Gard: Excuse me, Mr. Mayor.
Mrs. Kennedy: Second.
Mr. Gard: I have a prepared statement here that I'd like to....
Mayor Suarez: Do you have a loan application with Miami Capital by any
chance?
Mr. Gard: Yes, sir, I do.
Mayor Suarez: That's what I was afraid of.
Mr. Gard: And I have a prepared statement here that I'd like to read....
Mr. Plummer: Obviously your loan has been denied.
Mr. Gard: ....relative to Miami Capital.
Mr. Plummer: You have a loan presently before them?
Mr. Gard: Yes, sir, I do.
Mr. Plummer: Were you denied?
Mr. Gard: No, sir, I was not.
Mr. Plummer: Oh, O.K.
Mr. Gard: My name is Michael Gard. I am the president of Marine Automobile
Manufactures Limited Inc., IMA hereafter. IMA is a minority owned corporation
located at 2101 N.W. Miami Court in Southeast Overtown. Our company
manufactures power boats for international distribution. In August of 1985, I
met with Mr. Herbert Bailey, our Assistant City Manager, whereupon I spoke
with Mr. Bailey informing him of a shortage of qualified personnel to fill the
labor needs of the marine industry and proposed a first time ever complete
training program in fiberglass boat building, where minorities would learn a
valuable trade from the ground up and could specialize in related fields or go
on to owning their own businesses as I have done. After reviewing IMA's
proposal, Mr. Bailey introduced us to Miami Capital Development Inc.
applied for a minority matching fund loan. I negotiated the purchase of an
existing boat company, increased our loan collateral ratio, worked to procure
matching funds, and planned redevelopment of up to 75,000 square feet of the
riot -torn Southeast Overtown, and laid the ground work for the training
program. IMA's current cost projection is at $280,000. We could have within
90 days in place a training program and on-the-job training facility.
Currently Mr. David Churchill of the Boating Safety and Standards Branch, 7th
Coast Guard District, has volunteered to write the curriculum to instruct
proper boat building techniques.
Mayor Suarez: We obviously cannot instruct them on what loan applicationsto
acceptor how to deal with them. Are you...what are you asking
Commission?
149
July 24, 1985
1,
I .-c
1
Mr. Gard: Well, sir, I went to Miami Capital to apply for the minority loans,
that we could institute a job training program in Southeast Overtown.
Mayor Suarez: Did they turn you down? Is it still pending?
Mr. Gard: Well, we have yet to be funded and this was a year ago. We have
for of classroom
commitments by Lindsey Hopkins Vocational School use
Our suppliers of raw materials will
instruction, promotion and materials.
and care of materials. In
also furnish teaching aides for proper use
Miami Marine Association, the National Marine
addition, the Greater .
Association, and the Marine Council has endorsed the program
Manufacturers the t erms of
IMA has moved into Southeast OvertoIMAA prilhas lided aoverr $00 O 00 worthlaof
Capital's matching fund loan. Prov
a $140,0 00 matching fund loan for minorities.
collateral to secure
Mayor Suarez: Is your point that they've taken too long to deal with your
application?
Mr. Gard: What I'm saying, sir, is that....
Mayor Suarez: We cannot make a recommendation to them....
a� q
Mr. Perez -Cisneros: May I say something to save time?
just want to make sure.. what is your
Mayor Suarez: I . wait a minute...
ey've taken too long to determine whether you're...
point? That th.
Mr. Perez: It's coming. It has been one year since we first applied to Miami
Capital.
Mayor Suarez: When is it coming?
Mr. . Perez: The terms, conditions and the special conditions dictated by the
enterprise.
�,
y§
.<
loan committee, does nothing to encourage minority entrepreneur
attempting to secure
Currently, IMA has spent $20,000 out-of-pocket expenses
financial cost of operation. WithoWe
funding. We can no longer bear the
improve the current facilities to accept the students.
,�.
funding, we cannot
cannot meet insurance requirements and we cannot have a training program.
Dawkins and to
Approximately one month ago, I appealed to Vice - Mayor
1p expedite fundingHowever, I was told that this
to he.
Commissioner Plummer
red tape and I would have to just hold on. Today I must
=
was normal government
tell you that if funding by Miami Capital is not forthcoming, I may be forced
begin to
into involuntary bankruptcy. However, the financial loses would not
hundreds of minorities to fulfill labor needs
compare to the loss of educating
industry and in dire need of skilled and unskilled labor. At
in an growing
mi Capitals practices
time, I ask you to consider carefullyMiamioanor
this Iask r help to
which lacks flexibility as a venture capital bank.
be allowed to exist. Thank
_
insure that this valuable training program will
you.
Mr. Perez May I interrupt for a second? I'd like to say that IMA
It's just in the
�
Manufacturing Unlimited is a loan pending disbursement.
Manufacturing
-
hands of the lawyers right now and they're just pending disbursement.
Mayor Suarez: Why would it take as much as a year for this application? Do
-
you have any idea?
Mr. Perez: This loan was approved by the loan committee about two months ago.
it's in the
Mr. Gard and his company, they signed the commitment letter and
_
hands of our lawyers and their lawyers.
-_
Mayor Suarez: Who are your lawyers?
Mr. Perez: Our lawyers?
Mayor Suarez: Yes.
Mr. Perez: Koppen & Watkins.
Mayor Suarez: Maybe you ought to get some lawyers that move a little quicker
than that.
150 July 24, 1986
Mrs. Kennedy: Let me ask you. What is your limit on loans?
Mr. Plummer: They get paid by the hour.
Mr. Carollo: What is Tony doing nowadays?
Mr. Perez: We have different limits. Maximum is $25,000 for fixed assets and
$75,000 for working capital, top of $300,000.
Mrs. Kennedy: Let me ask you something else. Do we have the right to monitor
you?
Mr. Plummer: Sure, we approve their budget.
Mayor Suarez: To the extent that we approve their budget and a lot of their
portfolio too, I mean the monies.
Mr. Dawkins: If we don't, and I'll answer your question now, if we don't
approve their budget and they don't get three votes, they don't have a budget.
That's the monitoring aspect, and they go out of business.
Mr. Perez -Cisneros: We do have a contract with the City of Miami.
Mr. Dawkins: You have a contract, but if the City of Miami votes not to fund
you, the contract is null and void.
Mr. Perez -Cisneros: Well, we'll have to get the money someplace else.
Mr. Dawkins: That's what I'm saying. O.K., let me ask a question. The
$900,000 that you got in C.D.s, where did it come from?
Mr. Perez: From the collections of outstanding loans, the monthly payments of
the loans.
Mr. Dawkins: Since you are in the business of making loans to minorities, why
isn't this $900,000 re -loaned to individuals who need loans, rather than
having it in C.D.s where nobody benefits from it but Miami Capital?
Mr. Perez: Well, we have several applications in the hands of the loan
committee to be approved and we need to have some funds available.
Mayor Suarez: What is your typical principle balance at any one time?
Mr. Dawkins: You didn't answer my question, sir, not to my satisfaction, sir.
Mr. Perez -Cisneros: Those are pending disbursements, some of that money is
pending disbursement. In other words....
Mr. Dawkins: But there again, if you withdraw it, you pay a penalty. Why do
you have it tied up in C.D.s when it don't belong to you and it should be
available for loans?
Mr. Perez: The collections are placed in C.D.s in short times, never....
Mr. Dawkins: Short term. What is the maximum amount... what are the short
terms C.D.s that you buy? 30 days? 60 days? 90 days?
Mr. Perez: 90 days is the maximum that we have.
Mr. Dawkins: 90 days, so what you're telling me is that right now,
approximately $600,000 of this money is available for loans.
Mr. Perez: Yes, approximately yes.
Mr. Dawkins: So you really and truly don't need no budget to operate on when
you have this kind of money.
Mr. Perez: I would like to clarify that. This money is E.D.A. funds that
sometimes cannot be spent in some parts.
Mr. Dawkins: E.D.A., Economic Development...?
151 July 24@ 1986
Ll
s
r..
Mr. Perez: Economic Development, yes.
Mr. Dawkins: O.K., and what are you making loans on, for? For building
.;
houses or for economic development?
'
Mr. Perez: No, for economic development.
9
F::
F
Mrs. Kennedy: The concept is to finance small businesses throughout the
entire City. Am I correct?
n'r
Mr. Perez -Cisneros: That's correct, mainly in the riot areas that we had
problems with about five or six years ago.
�.
Mayor Suarez: Can we assume that there is a turnover of this $900,000? It
doesn't just sit there forever and ever.
Mr. Perez -Cisneros: Mo, they don't sit there forever and ever. We have right
are
now close to $800,000 ready for disbursement as soon as the lawyers that
working on the things get together.
Mayor Suarez: Can we also assume that their application will be taken care of
forthrightly, forthwith or whatever?
r11
Mr. Perez -Cisneros: Well, if his lawyers follow the letters of intent and our
lawyers go along with it, I see no problem with this loan.
Mr. Gard: Mr. Mayor, the conditions and the terms of the loan have prevented
They're
us from fulfilling the requirements to receive the funding.
ridiculous for a minority loan.
'
�44
Mr. Plummer: See, you say they're ridiculous, the requirements, but the
revolving loans
biggest problem that Miami Capital has had is that their
because of the fact they didn't
,
haven't been revolving. That has come about
have enough requirements in the past to make these people... one big fried
fA
r
kµ
chicken place was into them for over $300,000 and didn't pay them for what?-
'
six or eight months.
Yes, sir.
Mr. Perez -Cisneros:
♦'
Mr. Plummer: That's the problem. When you don't have teeth in a requirement
up front, it's unenforceable in court. If you look at the history, the
_-
biggest problem with Miami Capital is that they haven't been getting the
they've
monies back in to loan back out. So I say to you that if anything,
doing
—�
not had enough requirements. Yes, it's tough. Yes, they're very good
collateral and making sure that you'll pay back, but that's the cost of doing
business.
Mr. Gard: But you can't go from one extreme to the other either.
Mayor Suarez: Let me ask you a question on a typical requirement. Do you
require personal guarantees on all loans?
Mr. Perez -Cisneros: Some of them, yes, I do.
Mayor Suarez: Some of them.
--
Mr. Perez -Cisneros: Yes, most of them.
Mrs. Kennedy: Some? Who don't you require?
Mr. Perez -Cisneros: Well, if they have other types of collateral that would
be sufficient to cover.
Mr. Plummer: Wait a minute. What good is a personal guarantee on a loan when
_
the man is standing here telling us he's going to have to file for bankruptcy?
You know, that's no guarantee, personal guarantee.
Mr. Perez -Cisneros: I haven't looked at this particular loan request.
Mr. Plummer: I didn't ask you.
152
July 24, 1984
;a+
Mr. Perez -Cisneros: What I'm saying is he has to abide by whatever rules and
regulations, City of Miami, E.D.A., H.U.D. tell us how to handle these monies.
These monies are not ours to give away. We handle it, we loan it, we expect
to get them back.
Mr. Plummer: What's your motion? Let's move on it.
Mrs. Kennedy: I was just going to say, I'd like to go ahead and move to
approve it for three months. Pablo, I'm sure that you will bring in new blood
and a clean slate for this bank. I think that we should get involved in the
audit report, in the composition of the loan committees, in other words, more
actively involved and monitor more. I so move.
Mr. Perez -Cisneros: For a question of timing, after the audit report, let's
hope that it's going to be within the next 60 days.
Mr. Plummer: He said 45.
Mr. Perez -Cisneros: 45 days, when can we come back here to ask for those
funds?
Mr. Plummer: In 90 days, prior to the 90 days.
Mayor Suarez: The motion incorporates, or doesn't incorporate, the approval
of the budget for those three months, Commissioner?
Mr. Bailey: I'd like to ask a question.
Mayor Suarez: Commissioner Kennedy, does the motion incorporate or not the
approval of the budget for the three months? I didn't understand.
Mrs. Kennedy: The motion was to approve the budget for three months.
Mr. Bailey: May I ask for clarification on that, Commissioner? The contract
is automatically renewed. They have sufficient funds. Are you saying we are
permitting them to spend existing monies for three months or are you
suggesting that we give them new money for three months?
Mr. Plummer: That's a good question.
Mr. Perez -Cisneros: No, no.
Mrs. Kennedy: That's a very good question. Again, I have to refer to you,
can you survive?
Mr. Perez -Cisneros: What I asked for, after the audit is done, and everything
is in compliance, whatever it is that you want. We come back here. Does that
mean that at that time we go and vote on the budget that I just mentioned to
you?
Mayor Suarez: Absolutely.
Mrs. Kennedy: Correct.
Mayor Suarez: One way or the other. During that three months, are you moving
to have the proposed budget approved, or not, Commissioner Kennedy? I think
she did.
Mr. Plummer: It's subject to the audit, she said.
Mr. Bailey: I don't think she did.
Mr. Plummer: I want you to write me a memo. I'm not going to take up the
time of the Commission. But I got to know what that $900,000 worth of C.D.s
is for.
Mr. Bailey: It will be incorporated in our report. We have the information,
Commissioner.
Mr. Plummer: Well, if it is collateral, that's one thing. If it's just
hiding the acorns that's another.
153 July 24, 1986
Lr
t
p
r¢
Mr. Bailey: No, what happens, Commissioner, as loans are repaid, those funds
in Miami Capital's bank
come back to Miami Capital. Then they are deposited
I is from
'
account to be re -loaned. Some of that money, would say, probably
the initial $5,0O0,0O0 that was granted.
Mr. Plummer: Send me a memo. I don't need to take up the Commission time.
Mayor Suarez: As I understand the motion, Herb, whatever is in that book
proposed budget, you have to fund one quarter of it.
Mr. Bailey: I'm taking the motion to mean that they're permitted to spend for
three months existing funds that they have.
Mayor Suarez: No, sir, their proposed budget is approved for three months.
That means they have a right to draw on that budget for the next three months
the budget, which I
if it means that there would be some City money as part of
understand that there are some City monies.
Mr. Bailey: Well, then, that's to include existing funds they have on hand,
plus any new monies....
`
Mayor Suarez: I don't know if that's part of their proposed budget, but
"q
whatever funds they have... You understand their proposed budget? they get
+
t{p
one fourth of it, is what Commissioner made into her motion.
Mr. Bailey: We'll work it out, Mr. Mayor.
;fir•„
Mr. Plummer: Well, I think the question you're asking is, does it put a
moratorium on the million dollars? Is that what you're asking?
Mr. Bailey: I would like to see no new loans made until the audit has been
completed.
`ar
Mr. Perez -Cisneros: Oh, oh, I think that's asking too much.
x
Mayor Suarez: Well, holding them up on the one hand because they've got
•
$9OO,OOO that they haven't lend out. On the other hand, we're telling them
,.
they can't make any more loans for the next 90 days. A guy here has been
?;
waiting to have his loan approved.
Mr. Dawkins: Mr. Bailey, make your professional judgement, and forget about
it.
Mr. Perez -Cisneros: I'm out of business for 90 days.
_
Mr. Dawkins: Professionally, what do you propose, professionally? And let us
-
do as we want to do up here.
Mr. Bailey: I propose that for the next three months that no new loan
commitments be made. Existing loan commitments, O.K., they're satisfied
because you have an obligation. And that for the next three months, Miami
Capital and its staff and board work with the City to try to straighten out
what has been a mess for about five or six years.
Mr. Dawkins: That is your professional advice.
w
Mr. Bailey: That is what I will suggest.
Mr. Dawkins: Now let us do what we want to do.
Mr. Plummer: Wait a minute. That doesn't preclude their taking applications.
Mr. Bailey: They can take applications. It takes them longer than three
months to....
-- - Mr. Plummer: They can process them, but they can't make a commitment.
Mr. Bailey: It takes them more than three months to do an application
anyway, so it doesn't matter.
Mayor Suarez: It doesn't preclude their funding existing loans that are
committed.
154 July 24. 1986
Mr. Bailey: That have already been approved by the loan committee. And it
doesn't preclude them having operating expenses for the next three months.
Mr. Perez -Cisneros: Well, I'll take it that you're just talking about the
funds that we have from the City of Miami, and not from the other funding
basis.
Mr. Bailey: I'm including all funds that you have, which is the property of
the City of Miami, regardless of where they came from.
Mayor Suarez: Are you trying to imply that all their funds are technically a
property of the City of Miami?
Mr. Bailey: All their funds, we are their custodian. We have a fiduciary
responsibility for Miami Capital.
Mayor Suarez: That's what I thought you were implying.
Mr. Dawkins: You're not implying it. You're saying that.
Mr. Bailey: I'm saying that, absolutely!
Mr. Dawkins: It's different being implied and said.
Mr. Plummer: In other words, you're going to live up to all commitments that
have presently been made.
Mr. Bailey: Absolutely, yes.
Mr. Plummer: And that they still will be able to process applications on new
loans, but cannot make a commitment or a loan for 90 days.
Mr. Bailey: Until we have come back to this Commission with our findings and
recommendations.
Mr. Plummer: What problem do you have with that, sir?
Mr. Perez -Cisneros: Well, I think that puts us out of business in one way,
because we're there to lend money and we cannot tell any applicant there's
nothing we can do for them until at least 90 days.
Mayor Suarez: When you get a clean bill of health, you complete the
application and give their money, plus you can monitor your loans, you can
fund the ones that you've got already committed.
Mr. Perez -Cisneros: I have applicants, I talked to one here today that asked
me, I'm ready...
Mayor Suarez: Do you usually do the whole application process in less than
three months?
Mr. Perez -Cisneros: We try to. As far as we're concerned, we try to do it.
Now we ask the customers to give us certain information.
Mayor Suarez: Try not to do it within three months.
Mr. Bailey: May I say a point on the loan and the methods in which they make
loans? We have a concern about that. We're coming back with a recommendation
that we think makes more sense as it pertains to their using the money. They
make 50/50 loans. They have become a surrogate bank. Every time you make a
50/50 loan, you decrease your capacity by 4O% to use your money. It is
normally done that agencies like Miami Capital only put in enough money to get
the private sector to make the loan. It is difficult for a person who needs a
loan who comes in for $3O0,O0O, and if they have to come up with $150,O00
somewhere else, then they practically don't need to have Miami Capital.
That's why we're concerned. I'm not at all certain that the other $150,O00 of
that to putt into the deal.
Mayor Suarez: The 50/50 loans and all the technical aspects of this, we're
going to discuss presumably when we get the audit report.
155
July 24, 1906
Mr. Bailey: I have some very serious problems with that and the way in which
they make their loans.
Mayor Suarez: Understand that. They got our 50 and didn't get the other
people's 50. O.K., I guess that's in the form of a motion, a second. I don't
know what happens when you lose the movant, but, let's call the roll on it.
Mrs. Hirai: Roll call, Mrs. Kennedy, Mr. Dawkins.
Mr. Dawkins: I'll wait for Commissioner Kennedy.
Mayor Suarez: Hold the vote on that item, because we're not going to be able
to poll the Commissioners on it. Do you want to wait until she gets back?
Table the item until she gets back.
THEREUPON THIS ITEM WAS TEMPORARILY TABLED.
41. REQUEST STUDY FOR CREATION OF TAX INCREMENT DISTRICT IN OMNI/VENETIA AREA
Mayor Suarez: Item 53.
Mr. Odio: This item was requested by Commissioner Kennedy, so if you want
to....
Mayor Suarez: Can you tell us what it entails?
Mr. Robert H. Traurig: Yes, thank you, my name is Robert H. Traurig, 1401
Brickell Avenue. I sent a letter to you, Mr. Mayor, and to the members of the
City....
Mayor Suarez: How many of those nice lobbyist forms have you filled out since
lunch time?
Mr. Traurig: 12 and I delivered the one involving this to the City Clerk. In
fact, it was before lunch, Mr. Mayor.
Mayor Suarez: 12?
Mr. Traurig: Well, I've got them in my briefcase on the others.
Mayor Suarez: Hire your firm out as experts on filling those out for a fee?
Mr. Traurig: At any rate, on July 17th, I sent a letter to you and this
Commission with regard to the potential tax increment financing district for
the OMNI/Venetia area. The background of that was that a number of major
property owners in that area including Equitable Life Insurance Society of the
United States, which is represented here by Jack Lowe, also Mr. Tibor Hollo,
from Plaza Venetia, also Armando Codina and other property owners in that area
would like you to consider a tax increment financing district for the area
between I-395 and N.E. 20th Street and also between the Bay and the railroad.
If you feel that it's worthy of consideration, and we don't really intend for
you to take any positive action today, we would ask you to direct your staff
to work with us between now and your next meeting in September so that we can
come back to you with something concrete.
Mr. Plummer: Mr. Mayor, I move at this time that the Manager be instructed to
do a planning study which is necessary for the purposes of creating a taxing
district in the boundaries outlined by Mr. Traurig.
Mayor Suarez: So moved. Do we have a second? Please, second?
Mayor Suarez: I will second.
Mr, Dawkins: It has been moved and seconded. Any further discussion? Call
the roll, please.
Mrs. Kennedy: How long will the study take?
Mr. Plummer: Mr. Manager?
156 July 249 1986
Mayor Suarez: Ten years.
Mrs. Kennedy: That is what I am afraid of.
Mr. Traurig: We would hope that we get the study done during the month of
August. The important thing, as the letter indicates, is that if you are to
approve a tax increment financing district, that it be in place before
December 31, 1986.
Mr. Plummer: Well, how about if we say, Mr. Manager, a study not to exceed 60
days. That's fine. Silence gives consent.
Mr. Odio: Can I request that we bring it.... in October? We just don't have
time to do it in the first meeting of September.
Mr. Plummer: July, August, September...
Mr. Traurig: Yes, that would be adequate, if this Commission could take
action, if it were favorably disposed to do it, so that it could be advertised
properly and everything could be finalized.
Mr. Plummer: That is fine.
Mr. Traurig: Yes, thank you.
Mr. Dawkins: Call the roll, Madam Clerk.
Mayor Suarez: Can I make a quick statement on the prior item? The obvious
reservation, as stated to you, is if we envelop just about every area in the
City in a tax increment financing district, eventually we won't be able to use
any tax increments from the City, and you were talking about one of the high
development areas, so hopefully, Mr. City Manager, you will give us an idea of
what you consider to be the financial consequences to the City of having more
than one district. We have got the possibility for the Olympia and York site,
that that would be a tax increment district, and of course we have got others
that have been mentioned for the north of the river site, the F.P.& L. site.
We can't have the whole City in tax increment districts, otherwise, we are
basically taking our additional operating income to pay for capital
improvements, assuming that you want to use it for capital improvements - I've
a feeling that you do.
Mr. Plummer: Let's also remember that is fine as it applies to Biscayne
Boulevard, but he is talking about going from the bay to the railroad tracks.
There is a tremendously blighted area that exists behind there.
Mayor Suarez: Yes, blighted areas are the ones meant to be and conceived as
being the ones that would be included.
Mr. Suarez: We understand, Mr. Mayor, thank you.
Ms. Hirai: Mr. Mayor, we need to call the roll on that.
Mayor Suarez: Please proceed to call the roll.
Mr. Plummer: This is on what item?
Ms. Hirai: On the motion... on the tax increment financing.The following
motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 86-634
A MOTION AUTHORIZING THE ADMINISTRATION TO DO A STUDY
FOR PURPOSES OF CREATING A TAX INCREMENT DISTRICT IN
THE OMNI/VENETIA AREA; FURTHER DIRECTING THE
ADMINISTRATION TO FINISH SAID STUDY BY THE MONTH OF
OCTOBER AND FURTHER REQUESTING THE MANAGER TO INFORM
THE CITY COMMISSION AS TO THE FINANCIAL CONSEQUENCES
OF SAID PROJECT TO THE CITY AT LARGE.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote -
id
157 July 24, 1906
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
42. CLOSE STREETS, ALLOW BEER/WINE FOR 1986 COCONUT GROVE JAYCEES HALLOWEEN
FESTIVAL.
Mr. Plummer: Mr. Mayor, can I do this very quickly and get it out of the way?
(NOTE: COMMISSIONER PLUMMER READS RESOLUTION INTO THE RECORD AS SHOWN
HEREINBELOW) I so move.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any further discussion?
Mr. Plummer: Mr. Mayor, let me stipulate for the record, that this is being
in conjunction to raise money for the purposes of improving Peacock Park.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-635
A RESOLUTION CLOSING CERTAIN STREETS TO THROUGH
VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL
DURING SPECIFIED HOURS FOR THE 1986 COCONUT GROVE
JAYCEES HALLOWEEN FESTIVAL; SAID STREET CLOSING
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS
DURING THE PERIOD OF THE EVENT; ALLOWING THE SALE OF
BEER AND WINE FOR A THREE-DAY PERIOD BY THE COCONUT
GROVE JAYCEES IN CONNECTION WITH SAID FESTIVAL TO BE
HELD IN COCONUT GROVE ON OCTOBER 31, NOVEMBER 1 AND 2,
1986; SUBJECT TO THE ISSUANCE OF ALL REQUIRED PERMITS
AND COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
1d 158
July 24, 1906
- ':Ni
- --;
43. DISCUSSION CONCERNING CLAUGHTON ISLAND HOUSING.
Mayor Suarez: When are we going to get some housing built with that Squire
property money?
Mr. Jerry Gereaux: My understanding is that on the East Little Development
project, they have a few minor hurdles to come over in the financing on the
second mortgages for the buyers, that is a 111 unit condominium project, which
is going to be built on two sites on S.W. 1st Street. They are planning on
being under construction before the end of the year.
Mayor Suarez: But, when you say they are having problems with permanent
finances, does that mean that they have no commitment for a permanent takeout,
or they do have a commitment, or...
Mr. Gereaux: They have a commitment from the surtax board for the second
mortgages
Mayor Suarez: What about the first mortgages?
Mr. Gereaux:....and they are now dealing with two banks on getting the best
rates for the first mortgages that will be required, but they are planning on
being under construction before the end of the year. My understanding is that
the 123 unit housing development that is going to be built on the Shell City
site is also going under construction before the first of the year, and I
can't comment on the progress of the Vizcaya project. I just don't have the
information at this time.
Mr. Dawkins: You know, I am going to blame my colleagues. See, I told you
this when we sat up here. For ten years we didn't get the housing. Now, it
is ten months and no ground has been broken, and now you tell me that they
expect to break ground by the end of the year. Now, being in housing and
construction, even if they broke ground in December, when would the first unit
be ready for occupancy?
Mr. Gereaux: Well, the early date would be 12 months from the date that they
break ground, Commissioner.
Mr. Dawkins: So, we are talking about starting then, in 1987, and moving into
the units in 1988.
Mr. Gereaux: Or, late 1987 if their construction schedule works out the way
they are planning to have it work out.
Mr. Plummer: It will be '88.
Mr. Gereaux: Yes, early '88.
Mr. Dawkins: Well, OK, all I wanted was a report, and I am going to keep
reminding you until I see the ground broken and see the units.
Mayor Suarez: You have got a lot of deadlines that happen to be December 31,
1986 on different housing projects, as we know, of course, about Overtown/Park
West, which happens to have the same deadline, so New Year's day is going to
be an interesting day here, Commissioner, going around looking at all these
ground breakings.
Mr. Gereaux: Well, we are going to keep right on top of it, Mr. Mayor and
members of the Commission, and we will report to you on this regularly.
Mr. Dawkins: Thank you.
14
159
July 249 1986
'
44. DISCUSSION AND TEMPORARY DEFERRAL OF RANDY RANDALL SETTLEMENT OF REPLEVIN
CLAIM ($220,000) (See label �`61)
{
.;
Mayor Suarez: Item 54.
Mrs. Dougherty: Yes, sir, Mr. Mayor, that is my item. We are asking for a
City stopped the plaintiff and
settlement authority. This is a case where the
to $1,100,000. We believe
seized $768,000. With interest now, it is up
t. Hisabout
in now is, he stole the car,
he stole the car with the money 1 the car.stWeyare recommending settlement
to stealing
but found the money prior
of this case by giving him $220,000 out of the $1,000,000...
Mr. Plummer: Why?
Mrs. Dougherty: I am going to tell you why.
Mayor Suarez: What did we do to him, after all of that that could possibly be
k
worth money to him instead of to us?
Mr. Odio: Why? I am going to be...
Mr. Plummer: Wait a minute, tell me this..
Mrs. Dougherty: I am going to tell you why I am recommending it.
�..'
Mayor Suarez: What? — I mean, just generally, what did we do to this...
Mr. Plummer: Start from the beginning.
Mrs. Dougherty: We picked up on a traffic violation, a man who had $768,000
in the trunk of the car.
LL
Mr. Plummer: Right.
_
�y.i
Mrs. Dougherty: All right, he says that he found the money, and therefore ...
lose.
}y
after he found the money, he stole the car. If that is true, we
Mr. Odio: He's dumb, he should have bought a car.
Mrs. Dougherty: OK, we believe that he...
.��
Mayor Suarez: We lose what? What did he claim, a false arrest?
Mrs. Dougherty: We lose the case.
Mayor Suarez: Or, what was it?
Mrs. Dougherty: No, no. This is our money, we are talking about money that
in the trunk of the car.
was found. We are trying to keep the money that was
It is a forfeiture case. This is not a tort case.
Mayor Suarez: Oh, we would give him part of the money, is what you are
=-
saying?
_--
Mrs. Dougherty: We will give him $220,000. We keep $800,000.
Mr. Plummer: What the hell is that, a finder's fee?
Mrs. Dougherty: It is... all right, let me tell you why. If he found it,
it, the jury believes it, he
--
which we can't prove otherwise... if he found and
keeps it.
Mayor Suarez: The whole thing.
Mrs. Dougherty: All of it, plus interest at 12 percent.
Mayor Suarez: Plus the stolen car.
14 160 July 26, 1986
Mr. Dawkins:
If he found $800,000. why would he _
Mrs. Dougherty: That is a good question) And that would be for a jury to
determine.
Mr. Plummer: If he found the money, why in God's name would he settle with us
for a less amount?
Mrs. Dougherty: Because he runs the same risk that we do in a jury trial.
Mayor Suarez: He can't... it doesn't look good to a jury to try to prove that
the guy just found $700,000 and some, in the car that was later proven to be
stolen.
Mrs. Dougherty: But, here is the point. This is an all of it, or nothing
situation. If we go to trial, they either believe them, or they either
believe us, OK? They can't split it in two, so what I am saying to you, if
you lose, you lose the principal...
Mr. Dawkins: Not us, youl You are the lawyer.
Mrs. Dougherty: No, no, we the City, we generically, we lose the money.
Mr. Carollo: Thank God we put it in the police safe.
Mrs. Dougherty: We lose the money, we lose the principal.
Mr. Plummer: The stolen car
Mrs. Dougherty: We lose the principal, we lose the interest, but we lose it
at 12 percent when we are only making 8 percent, so we lose more money that we
have.
Mr. Plummer: So what you are saying, we should never have taken it in the
first place!
Mrs. Dougherty: No, we ought to keep $880,000, is what I am saying.
Mayor Suarez: He doesn't get interest on that.
Mr. Dawkins: Your professional advice is to take this settlement?
Mrs. Dougherty: Yes, sir, and keep $880,000 out of the...
Mr. Dawkins: All right, but before you give him his $200,000, call I.R.S. and
tell them that you are giving him $200,000.
Mrs. Dougherty: They already know. They know.
ble
inal charges
Mayor Suhis, right? g Somebodycontemplating
all the invest gating lwhethermthis guy stole here
this
all of t • 8
money, I presume, right?
Mrs. Dougherty: That has already been taken care of it. I don't know what
happened to it.
Mr. Plummer: Excuse me. Under what grounds are we keeping the money?
Mrs. Dougherty: On forfeiture. We are keeping the money, because had he
stolen the vehicle and stolen the money, we would have been able to keep the
money, because of our forfeiture.
Mr. Plummer: But, you couldn't prove it, so how are you keeping the money?
Mrs. Dougherty: Because he is letting us keep it.
Mayor Suarez: By settling with the only other person interested.
Mrs. Dougherty: We did itl
Mr. Dawkins: He's agreeing to get $200,000.
id 161 July 24, 1986
Mayor Suarez: I mean, the only other person that can lay a claim to it.
Mrs. Dougherty: Let me tell you also, by way of detail, we have already
forfeited the money. The courts have already said we have forfeited the
money, but they also said that he can sue us for replevin. This is all
technical stuff, so we are back in front of the jury now.
Mayor Suarez: Now, supposing we settle with him, and the true owner, if he is
not the true owner, shows up and asked for the money.
Mrs. Dougherty: No, that is not a possibility. We already have that taken
care of, because we have already forfeited, they have lost their rights to
appeal.
Mr. Plummer: You know where he found it, then.
Mrs. Dougherty: I know where he said he found it, but...
Mr. Carollo: Maybe the money just...
Mr. Plummer: Wait a minute, just for the record, where the hell did he say he
found it? That would be interesting.
Mrs. Dougherty: In a park.
Mr. Plummer: In a park.
Mr. Dawkins: Which park?
Mr. Plummer: Was that Noguchi Park?
Mrs. Kennedy: No, no.
Mr. Dawkins: I move that we follow the recommendations...
Mr. Carollo: Well, it probably just floated in from the water.
Mr. Plummer: Yes, it is called a kilo.
Mr. Dawkins: I move we follow the recommendations of the City Attorney.
Mr. Plummer: So moved.
Mayor Suarez: Do we have a second? Anybody else want to take responsibility
for this case?
Mr. Carollo: Well, what you are recommending again, Lucia, is we give him
$200,000...
Mrs. Dougherty: Give him $220,000, we keep $880,000. That is more than the
principal originally was. Remember, we only seized $768,000, with interest,
it is now up to... the part we would keep is up to $880,000.
Mr. Carollo: Would he settle for that?
Mrs. Dougherty: Yes, sir.
Mr. Carollo: But, why would he settle for that, if, you know...
Mrs. Dougherty: He runs the risk of the same thing that Commissioner Dawkins
said — a jury not believing him.
Mr. Plummer: But, didn't he admit that he stole the car?
Mrs. Dougherty: He admitted he stole the car, yes.
Mr. Plummer: So. he is not going into court with clean hands!
Mr. Carollo: Lucia, I think that if the man...
Mr. Dawkins: He only borrowed the car to
Id
2
162 July 24. 1986
Mr. Plummer: Like hell, he did!
Mr. Carollo: If the man is willing to settle for $200,000 and give us almost
00 because don't e moneyforusefulparkpurposes
hcould
win,
then
don't
.Let him
1twe just
keep all
of it.challenge
of it. We would have mor
us in court.
Mr. Plummer: Well, that is what he is doing.
Mr. Dougherty: That is where it is at. It is going to go to a jury trial,
and that is why I am saying don't risk the $60,000 that...
Mr. Plummer: Let me ask one other question. Has he gone to court on the
stolen car charge?
Mrs. Dougherty: I'd have to ask the Chief. He may know. I didn't keep up
with the criminal case.
Mr. Carollo: Did he have a past criminal record?
Mrs. Dougherty: He did not go to court. I see Commander Gibbs back there.
Mr. Carollo: Was he checked with that D.E.A. to see, you know, if he has
three little stars to his name, or...?
Mrs. Dougherty: It is possible that even with
I don't know the
answer.
Mr. Plummer: I'd like to know whether or not he has gone to court on the
stolen car, because if he was found guilty, I ain't going to give him a damn
dime!
Mrs. Dougherty: Just a minute. He is coming.
Mayor Suarez: Who is coming?
Mrs. Dougherty: The Chief.
Mr. Odio: The Chief is coming. I'll tell you... I would go with this
guy. You are paying a crook to be a crook!
Mayor Suarez: What is the point on the interest now?... the interest on the
judgement, if it was against us, would be at 12%...
Mr. Odio: You are paying this guy for being a crook.
Mayor Suarez:... is that what you were saying, Madam City Attorney?
Mrs. Dougherty: Excuse me?
Mayor Suarez: If the judgment was against us on the whole amount, the
interest would be at 12 percent?
Mrs. Dougherty: Yes, it is at 12 percent...
Mayor Suarez: And we would have to pay it from when, from a determination by
the court, or from the moment that he claimed that he got it?
Mrs. Dougherty: From the moment he claimed he got it, and the interest that
we have been getting on the money is about 8 percent, it is my understanding,
so we would have to pay the difference between the 12 and the 8 percent.
Mrs. Dougherty: Not only would we have to give him back the entire amount,
but we would have to pay interest on it. That's great!
Mr. Plummer: Yes, but hey, I am like Joe, OK? Damn it, if you can't prove
it...
Mayor Suarez: Do you want to table the item until we figure out more about
the criminal aspects of it?
ld
163
July 24, 1986
7 s
'f
?rye
Mr. Carollo: Hey, I don't think we should encourage people to make their
it.
monies in strange ways so they could still get away with part of
F
you to defer it until I get the answers for you,
Mrs. Dougherty: Let me ask, y
}
�=
t.
5+
then.
Mayor Suarez: You made a motion not to settle it up?
Dawkins: No, I made a motion to follow the advice of the City Attorney,
Mr.
and that died for the lack of a second.
Mr. Carollo: I make a motion that we don't give him a penny.
Mr. Plummer: I might second your motion if in court he was found guilty of
stolen car.
Mayor Suarez: Can we table it until we get the information on that?
Mrs. Dougherty: That what I request you do.
AT THIS POINT THIS ITEM WAS TEMPORARILY DEFERRED.
AUTHORIZE ADDENDUM TO APPROVED GRANT PROGRAM FINAL STATEMENT TO H.U.D.
45.
REQUESTING INCREASED FUNDING (S2,030,000) FOR C.D. PROGRAM.
fir.; �. . .:
,.; ):•i.
Mayor Suarez: Item 57, the rest of the non-social service C.D. allocation
application?
Mr. Castaneda: Basically, what our recommendation was, in the housing area,
the amount originally
$710,000 for single family rehab. This is in addition to
also allocating S75,000 for
allocated, of $1,150,000. In addition, we were
buildings. This is basically a double, and an
'7
the demolition of substandard for
is
This oabandonedmportant
these
of the previous aSeScnbeen
increase structures andeveral
A lot of drug honey
have using
reasons.
are being utilized to demolish those structures.
<tsf w
monies
Mr. Plummer: This is a request for additional funding?
Mr. Castaneda: Right. What I am telling you is that this is a request, and I
am telling you the original allocations, so that it will give you an idea of
how it went up.
Mr. Plummer: That doesn't mean we are going to get it, just because we
requested it.
Mr. Castaneda: In the Economic Development area, there is an increase of
$300,000 for the economic development activity. Basically, that was the fund
that was created last time of $500,000, and increased to $800,O00 to serve
basically as mini-U.D.A.G. for community based organizations. Basically, what
we are suggesting is creating two rounds, one in November, We would be
one in
February, in which they would have to bring in matching funds.
bringing the guidelines for this mini-U.D.A.G. competition to the Commission
in September. We are also recommending an increase in the Overtown jobs
development program of $91,000, which basically covered the decrease that it
has suffered, because of the 30 percent cut; in addition another position
The to
help with the first source agreement, and also with the
problem.
s $304,O00, which we previously discussed, Planning and
public service, it wa
Administration to
get 20 of cent$14f h tatfor ao totals mount grant of $2of O030 000. that
left a contingency
Mr. Plummer: Once again, is this monies beyond what we have already
received, and we are asking for additional monies?
Mr. Castaneda: Yes, sir, and we will get it. This is part of the
00,000 deferral, that was
$500,0deferred by H.U.D., and the President signed
this legislation into law on July 2nd, and we are getting 52,O00,000.90
14 164 July 24, 1986
•
x
Mayor Suarez: And we decided on 15 percent of that this morning, and we have
the 85 percent, then.
Mr. Castaneda: Right, the 85 percent.
Mr. Plummer: I move item 57.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. Any discussion from the Commission?
Hearing none, call the roll.
Mr. Castaneda: Commissioners, that was the amendment of the $50,000 for St.
Johns.
Mayor Suarez: Right.
Mr. Plummer: As amended.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-636
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
ADDENDUM TO THE APPROVED GRANT PROGRAM FINAL STATEMENT TO
THE U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
(H.U.D.) REQUESTING INCREASED FUNDING IN THE AMOUNT OF
$2,030,000 FOR THE CITY'S PROPOSED COMMUNITY DEVELOPMENT
PROGRAM DURING 1986-87; FURTHER AUTHORIZING THE CITY
MANAGER, UPON APPROVAL OF SAID REQUEST, TO ACCEPT THE
GRANT AND NEGOTIATE THE NECESSARY IMPLEMENTING CONTRACT
AND AGREEMENT.
(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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
46. FIRST TyADEVELOPMENT ORDINANCE:
BLOCK GRANT APPROPRIATING
012TH YEAR) ADDITIONAL $2,030,000 FOR
COMMUNI
Mr. Plummer: I move item 58.
Mayor Suarez: So moved. That is a companion item.
Mrs. Kennedy: Yes, this is just accounting entry. I second.
Mayor Suarez: Seconded. Any discussion from the Commission?
call the roll.
Hearing none,
Id
165
July 24, 1986
it
1
No
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10112
ADOPTED JUNE 12, 1986, BY APPROPRIATING THE ADDITIONAL
SUM OF $2,030,000 FOR THE EXECUTION OF A NEW TRUST AND
AGENCY FUND ENTITLED COMMUNITY DEVELOPMENT BLOCK GRANT
(TWELFTH YEAR), CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
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.
47. AMEND CONTRACT WITH MIAMI DADE TRADE AND TOURISM COMMISSION TO INCREASE
ALLOCATION BY $37,500 STIPULATING AGENCY MUST RESOLVE AUDIT ISSUES.
Mr. Carollo: I'd like to bring this up as an emergency item - the Miami Dade
Trade and Tourism Commission. Mr. Givens, can you explain for the Commission
what your needs are, what your problem is.
Mr. Henry Givens: My name is Henry Givens, Executive Director of Miami Dade
Trade and Tourism Commission.
Mayor Suarez: It seems like we see you every three months.
Mr. Givens: I think you do, sir.
Mayor Suarez: 0n your budget.
Mr. Givens: And it's getting a little timesaver, too. On May 7th, the
Commission amended our contract, allocating an additional $18,750 to the Miami
Dade Trade and Tourism Commission. Somehow, in the transcribing of the
minutes of the meeting, it was not properly transcribed, so therefore, it was
not included in the contract that was submitted to us by the monitoring
department.
Mayor Suarez: We thought we had given you another three months funding at the
time.
Mr. Plummer: We did.
Mayor Suarez: We didn't? Somebody thought we didn't?
Mr. Givens: That is what I am saying to you.
Mr. Plummer: Who is saying that we didn't?
Mayor Suarez: Who is saying that we didn't?
Mr. Odio; I am saying that we didn't. I just
Mayor Suarez: We can just take a vote on it. No reason to argue about it.
1d 166 July 24. 1966
Mr. Odio: What I recommend is that you approve this resolution, but that we
do not release one penny until he clears up the audit problems that he has
with the City of Miami prior
Mayor Suarez: I don't remember what we did on that.
Mr. Givens: That we were being audited at that time, we have WriBt entam
received the results of the audit. We responded to the audit.
saying is, they gave us ten additional days, not working days, ten days to
respond to the audit. We have responded. They are still...
there are other
items that they aredisallowing, e needhat we are additionalared time toclear
cclear that upe only
thing that I am saying, is thatw
Mayor Suarez: I don't remember making this subject to the audit, myself.
Mr. Odio: Well, Mr. Mayor, I suggest...
Mayor Suarez: Do you remember it being that way?
Mr. Odio: No, but I suggest that you do so, because he has got a lot of
financial questions to ask.
ty manager,
t if
Mayor Suarez: Well,the ti me after tthator the fund funding, I don't see how you could have
we didn't do it at have
held up the money.
Mr. Odio: No, no, because we have a financial responsibility, we have a
fiduciary responsibility.
t over
o us if we
Mayor Suarez I understand xt d sbursementttotthem. We are going on, but you can pass a t
a three month basis
approve the ne
with them.
Mr. Odio: Mr. Mayor, I have that responsibility.
Mr. Plummer: Well, yes, but Mr. Mayor, excuse me, and I am not here to defend
the Manager, but if what I am understanding the Manager to say is, that there
is a serious financial problem, then I think we should listen, and you know, I
understand — when we set a policy, it should be adhered to, and I agree with
that, but I think the Manager is, in a nice way, trying to maybe tell us
something, and if he does, then I want to listen to it and would...
Mayor Suarez: OK, that makes sense. How bad is it?
Mr. Plummer: Lay the cards on the table.
Mayor Suarez: Tell us what it is.
Mr. Odio: I would rather have him clear up his accounting with us.
If you
want to, I can bring up the other report right now, that you pass this
ean up the
resolution, thesesve funds. an
nIfp hertunity doesn't o I1 will come back to report, and to you September
we release
llth...
Mayor Suarez: Yes, I mean, but at this time, are you going to allow a
disbursement?
Mr. Odio: If you want to, Mr. Mayor, I will release the others. I will
release the audit report, get Chhabra here.
Mr. Carollo: Cesar, you know, what I want is the bottom line and your
recommendation. I told Mr. Givens that the only way that I would vote for it
would be with your recommendation. Now, whatever you say is what I am going
to vote upon.
Mr. Odio: I cannot release one cent until he cleans up that report.
Mr. Plummer; Well. OK, then...
Mr. Odio: That is my recommendation to you...
Id
167
July 24, 1986
9
Mr. Plummer: Then, if that is the case, I think it is in order that we
rescind that motion and make it subject to him cleaning up the audit!
Mayor Suarez: That is the only procedural way I can think of making any sense
out of all of this, right!
Mr. Plummer: Since we are not laying the cards on top of the table, I am not
going to sit here with him raising red flags and say I went over him to do itl
No way.
Mr. Carollo: We don't know anything about the internal audits of that, or
anything else. We could only go on what the Manager says.
Mr. Givens: Mr. Mayor and Commissioners, I have no questions in my mind that
the results of the audit will be cleared. The only problem that we do have,
is the fact than we are not in a position to operate to clear the audit,
because as...
Mayor Suarez: What did you say, Henry?
Mr. Givens: We are not in a position to operate, because we do not have any
money.
Mr. Plummer: Mr. Manager, what are you recommending, sir?
Mr. Odio: I recommend that you approve this resolution subject to him
resolving the questions that we have, in the audit report.
Mr. Plummer: And how long could that take, normally?
Mr. Odio: It depends on him. He can do it in two days, or as long as he
wants to take.
Mr. Givens: I assume that we can do it in five, maybe ten days.
Mr. Plummer: That is fine.
Mr. Odio: Fine.
Mayor Suarez: The sooner the better, from your perspective.
Mr. Plummer: I will make a motion... Joe, do you want to do it? I will make
a motion at this time that the money be granted and not expended until such
time as the audit has been cleaned up, and the determination by the City
Manager.
Mr. Carollo: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Plummer: With the request of this Commission that it be done as quickly
as possible.
Mr. Givens: May I ask a question, please? It means now, that there is no
Commission meeting during the month of August.
Mr. Plummer: Correct.
Mr. Givens: If we clear this up, it is satisfactory...
Mayor Suarez: He has got authority to go ahead and approve disbursement.
Mr. Plummer: It is automatically approved.
Mr. Givens: If it is satisfactory with the Manager, then as far as we are
concerned, we are in business.
Mayor Suarez: You've got it. Call the roll.
Id
168
July 24, 19$6
�
The following resolution was introduced by Commissioner Plummer,
g
who
moved its adoption:
°
RESOLUTION NO. 8 6-637
-°-
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND FOR
A FOURTH TIME, IN A FORM ACCEPTABLE TO THE CITY
�Y
ATTORNEY, THE CONTRACT DATED AUGUST 23, 1985 BETWEEN
THE MIAMI DADE TRADE AND TOURISM COMMISSION, INC.
(MDTTC) AND THE CITY OF MIAMI; WHEREBY THE CONTRACT
EXPIRATION DATE IS EXTENDED FROM AUGUST 1, 1986 TO
NOVEMBER 1, 1986 AND THE CONTRACT AMOUNT IS INCREASED
'
IN THE AMOUNT OF $37,500 FOR A TOTAL ALLOCATION TO
"
DATE OF $94,020; FURTHER AUTHORIZING THE CITY MANAGER
r,
TO ADVANCE TO THE MDTTC UPON EXECUTION OF THIS
AMENDMENT, ONE SIXTH OR $6,250 OF THE $37,500
ALLOCATION; AND FURTHER STIPULATING THAT THE MDTTC
MUST RESOLVE SATISFACTORILY ALL AUDIT ISSUES RELATED
TO THE AUDIT CONDUCTED BY THE DEPARTMENT OF INTERNAL
'.,
AUDITS AND REVIEWS FOR THE PERIOD OF AUGUST 1, 1985
7'-
THROUGH JANUARY 31, 1986.
(Here follows body of resolution, omitted here and on
.:,.-
file in the Office of the City Clerk.)
Xgt
'
br
U on being seconded by Commissioner Carollo, the resolution was
P
passed
y..
and adopted by the following vote-
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
.:
Commissioner Rosario Kennedy
Vice-Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
t .
`
48. OUTSIDE AUDIT FOR MIAMI CAPITAL DEVELOPMENT INC.; ALLOCATION OF $30,000;
LIMIT AGENCY'S ACTIVITIES DURING AUDIT (See label 40).
.®
Mrs. Kennedy: Mr. Mayor, I have Miami Capital worked out, I think.
If you
0
want to take a vote on that...
_
Mayor Suarez: You are taking all the capital and leaving us the debts?
Mrs. Kennedy: More or less. No, not really. Well, I talked to all
of the
—�
interested parties, and this is what they have agreed to. They can
process
new applications.
Mr. Plummer: Right.
Mrs. Kennedy: They can process the applications already submitted, and the
loans already committed. They can do the Bayside loans, we don't want to hurt
the minority participation in that, and then they will receive $30,000 for
administrative costs.
Mr. Plummer: That is what we agreed to. That is what the motion was before.
Mayor Suarez: Was the clarification, the $30,000 additional to the $90, 000
that they have got, I think.
Mrs. Kennedy: No. Not the $30,000. I was told it was $120,000.
Mayor Suarez: In that way they have $120,000, which is roughly equivalent to
one fourth of the year.
1d 169 July 24, 1986
'.
�Tx<
Mr. Plummer: Oh, I see what you mean, all right.
.M
Mrs. Kennedy: Just $30,0004 and that will carry them through for the next
three months or so.
.
is
Mayor Suarez: Are you making that in the form of a motion?
Mrs. Kennedy: That is my motion.
4
ck your former motion?
Mayor Suarez: You are taking baThe seconder is taking
on this
back his former second, whoever that was, I hope? Do we have a second
r
motion?
Mr. Plummer: Mr. Bailey, did you understand that? Yes, I seconded it.
Mr. Bailey: I think I did, Commissioner. I would just like to repeat it to
I think
make sure that we have a clear understanding. Could I repeat what you
said?
Mrs. Kennedy: Sure, go ahead.
k
Mr. Bailey: I think that the motion is to permit them to take new
comma men
4 ^,
.
applications, to process those loans that they have already made a
for the minority tenant portion, and to
to, process the Bayside applications
receive $30,000 for the next three months.
Mrs. Kennedy: That is correct.
Mr. Perez -Cisneros: There is a question to that which I'd like to ask Mr.
to tell
Bailey. On the taking of new applications, which way do you want me
to be funded
my customers, or my clients, that I don't know how they are going
°'-
until the City tells me.
Mr. Plummer: No, sir, you make it clear to your clients at the time that they
to the
a
y
apply that there is a 90 day moratorium by this Commission as granting
y
of loans.
j
Mayor Suarez: They might get it before the 90, if the audit is completed, and
t.'
C
everything else is resolved.
Mrs. Kennedy: Have a good day.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
—
MOTION NO. 86-638
_ A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
OBTAIN THE SERVICES OF AN INDEPENDENT OUTSIDE AUDITOR
WHO WILL BE CHARGED WITH THE RESPONSIBILITY OF
RESEARCHING GRAY AREAS, OR ASPECTS THE ADMINISTRATION
MAY HAVE SOME QUESTIONS ON IN CONNECTION WITH MIAMI
_ - CAPITAL DEVELOPMENT INC., THE COST FOR SAID AUDIT TO
BE BORNE BY MIAMI CAPITAL; AND FURTHER STIPULATING AS
FOLLOWS:
A) MIAMI CAPITAL WILL BE PERMITTED TO TAKE NEW CREDIT
_ APPLICATIONS, BUT CANNOT MAKE COMMITMENTS FOR NEW
LOANS;
B) MIAMI CAPITAL WILL BE ALLOWED TO PROCESS LOANS THEY
ARE ALREADY COMMITTED TO;
C) MIAMI CAPITAL WILL BE ALLOWED TO GRANT THE BAYS
IDE
LOANS; AND
D) MIAMI CAPITAL SHALL RECEIVE AN ALLOCATION OF
$30,000 FOR THE n:XT THREE MONTHS, UNTIL THE ABOVE -
CITED AUDIT IS COMPLETED.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
Id 170 July 249 1906
16
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
49. DISCUSSION AND TEMPORARY DEFERRAL CONCERNING THE CONSTRUCTION OF MIAMI
SPORTS ARENA (See label 51 and 71)
Mayor Suarez: Item 61, representatives of the Associated Building
Contractors.
Mr. Bill de la Sierra: Mr. Mayor, Honorable Commissioners, I just remembered
that last year, I was walking along Noguchi Park and I lost this package.
(LAUGHTER) I would like to claim it at this time.
Mayor Suarez: Statute of Limitations has run out on you, Bill.
Mr. Plummer: In walking through the park, he lost a package. That is the
Fine, now let's talk about the car you stole! (LAUGHTER)
Mr. a Sierra: I am here before you today to do two things. One, you have
a letter that I wrote to the Mayor's Chief of Staff.
Mr. Plummer: Chief of Staff111
Mr. de la Sierra: I think that is what he is.
Mr. Plummer:
Mrs. Kennedy: That sounds very impressive.
Mr. de Is Sierra: Well, something like that.
Mr. Carollo: Who are you referring to?
Mr. de la Sierra: Steve Suarez.
Mr. Carollo: I don't know, he is not on the City payroll, is he?
Mr. de la Sierra: Well then, maybe it was a mistake on my part. I spoke to
the Mayor about this request. Our association, Associated Builders and
Contractors, of when I am the immediate past president and Dade County
spokesman; the Latin Builder's Association, and the Allied Minority
Contractors Association, and we are requesting that the City insert
stipulations in the City of Miami Sports Arena contract that says that
subcontracting provisions shall be in accordance with purchasing guidelines,
that is 50 percent of minority participation, and that the lowest responsible
bidder shall be awarded contracts regardless to whether they are signatory to
a collective bargain agreement or not.
Mr. Plummer: We can't do that. That is not within our power - only the
Sports Authority. Have you read the authority of the Sports Authority?
Mr. de la Sierra: No, I have not. It is my understanding that the Miami
Sports arena is a City owned project.
Mr. Plummer: No, sir! I wish it was.
Mayor Suarez: The actually property will be owned by us.
Mr. Plummer: The property is owned...
1d
171
July 249 1986
Mr. de Is Sierra: That is my understanding that the City is the property
owner.
Mayor Suarez: You know Bill, when we approved the Sports Arena financial
package, or the general terms of it, we built in a resolution pretty much to
this effect, to the extent that we have any authority over the Sports
Authority to require.... now, I don't know.
Mrs. Kennedy: Mr. Mayor, Al Cardenas says he has the answer.
Mayor Suarez: Yes, Al?
Mr. Al Cardenas: For the record, my name is Al Cardenas, and I am speaking on
arty
behalf of the developer for the project, Decoma. There is a three party
a
agreement in the works, Bill, that I will be happy to forward you a copy,
draft, it is still in the works, that basically in essence will provide 25
percent of that allocation to Black minorities, 25 to Hispanics, 17 to women,
and the women will count in a formula toward your minorities whenever
applicable, and it is a three...
Mr. Dawkins: That's what I have a problem with, OK?
Mr. Cardenas: It is a...
Mr. Dawkins: No, no, that is the part I've got a problem with.
Mr. Cardenas: OK.
Mr. Dawkins: I am not going, and I will tell you this, before you bring it up
here, and I can see I've got another partner over here.
Mrs. Kennedy: That's right.
Mr. Dawkins: If you give 17 percent to a female, that does not mean — and she
is Black that does not mean you only got to give 8 percent more to a Black to
meet the quota.
Mr. Cardenas: Well, OK, the mistake...
Mr. Dawkins: No, no, no. You are going to have 25 percent Black, 25 percent
Latin, and you are going to have 17 percent ladies.
Mr. Cardenas: It is my mistake in discussing...My mistake was in
discussing.....
Mr. Dawkins: I am telling you what I am going to vote, but no, no, I
understandl I am telling you what I am going to vote for, Al, and I want you
to please get that back to Petronelli.
Mr. Cardenas: You are giving me a message, and a strong message, and I will
take it back with me.
Mr. Dawkins: Take it back with you, that is elll OK, thanks.
Mr. Cardenas: Right, and that my mistake in discussing numbers, because what
I was really trying to say is that we are working out a three party agreement
to the satisfaction of everyone, to be approved by you all, and it is going to
come to you soon, and I will take that message back. Thanks.
Mr. Plummer: Well, Al, that is fine, except for the fact, you know, we
thought the same thing about the $10,000.000 loan, and we are finding out some
different things are prevailing, so at this point, there is a little distrust.
Mr. Cardenas: Well, it was a mistake for me to get up here, I guess.
Mr. Odio: Wait, I think we are talking to...
Mr. Cardenas: I will take that message back as stated, Commissioner Dawkins,
and I'm sorry about that $10,000,000.
Mayor Suarez: Do you have any intention of reaching some agreement with the
union, as happened in the case of Bayside. That was the other thing that they
1d
.�
172
July 24, 1986
s 0
k'4
were concerned about, the unions. Have there been any negotiations with the
unions, or are you going to go totally open shop?
Mr. Cardenas: We made a commitment, as I understood it, to have an open shop,
did we not?
Mr. Plummer: On Bayside?
Mr. Cardenas: I don't recall.
Mayor Suarez: No, no, on the Sports Arena.
Mr. Cardenas: No, on the Sports Arena, but don't hold me to that, Mayor,
because that wasn't part of my bailiwick, so I don't know the answer to that.
Mayor Suarez: That wasn't...? I think that also was included in our prior
resolution on this issue. Go ahead.
Mr. Aarol Baiter: Mr. Mayor, Aarol Baiter, the executive vice-president of
Associated Builders and contractors. I think really, what we are saying to
you is that when you made the decision to use Decoma as joint venture, and if
you were today making a decision on Bayside, where Rouse is concerned, you
probably would not ask them whether they were signatory to a collective
bargain agreement. You would probably be blind to that issue. I am making an
assumption but, knowing the people on the Commission as I do, I think that
that is the truest, so what we are saying to you is, that we would like this
City Commission to be saying to Decoma Joint Venture, we want you also to be
blind, when you do your subcontracting, to whether or not the subcontractors
are union or nonunion, and we are saying let's not have another discriminatory
contract, as resulted in Bayside.
Mr. Odio: Mr. , maybe I can clarify what it is in the agreement, because
we have been finalizing the agreement and it will save time. That is, they
want a free market, and they are going to do their evaluation based on price,
ability to acheive schedule, experience in similar work, and quality and size,
manpower availability, supervisory skills and experience, tenure of
supervisors and work force with employers, financial ability to perform work,
and ability to bond.
Mr. Dawkins: But, only if they adhere to the other stipulation I have, which
which I plan to put in there, is Miami, 811
says, locals first, and local,
right?... and the next local...
Mayor Suarez: Do you want to make that in the form of a motion?
Mr. Dawkins: Nov I have to wait for...
Mayor Suarez: Well, when we get them...
Mr. Dawkins: Well, the next local is Dade County. and the next local is Ft.
Lauderdale.
Mayor Suarez: We might not _
Mr. Dawkins: And then the next local is West Palm Beach, and the next local
is Jacksonville, and then he can go to Alabama.
Mr. Baiter: We are very concerned, Commissioner, that local people
participate, and that there is no discrimination, against anybody. We want
the free enterprise system to be allowed to work in City of Miami projects.
That is all we are saying.
Mayor Suarez: But, we do want to give a preference to local contractors.
Mr, Dawkins: We are, you're right we are Mr. Mayor.
Mr. Baiter: We are only asking for no discrimination as regards to collective
bargaining. That is all we are asking.
Mr. Plummer: That is what you are asking and we are asking for.
Mayor Suarez; That is what you are asking,
He is asking for something eiss.
14
173
July 24. 1900
Mr. Baiter: Who?
Mayor Suarez: Commissioner Dawkins, do you want to make this in the form of a
motion, or do you want to assume that he will fill that in by his own wisdom?
Mr. Dawkins: He will fill it in. If they don't, then we send it back and...
Mayor Suarez: I don't think we will get to see it.
Mr. Dawkins: What do you mean?
Mayor Suarez: I don't think we will get to see it.
Mr. Dawkins: OK, Mr. Mayor and everybody, I have assured Decoma, and I have
told the Manager that he is not approve anything with the Sports Authority on
breaking ground on anything else until this Commission has approved the
minority participation plan. Is that correct, Mr. Manager? So, Mr. Mayor, we
have nothing to worry about. If they don't bring us the plan for us to study
it and look at, then the Manager cannot vote to approve any agreement with the
Sports Authority. We will see it.
Mr. Plummer: Do you know how long I tried to get that through before?
Mayor Suarez: It is on the record now and reflects the consensus of the
Commission.
Mr. PLummer: I will be happy to second it.
Mayor Suarez; You can't ask for more.
Mr. Baiter: Are we done?
Mayor Suarez: You are not going to get any more.
Mr. Baiter: What about the S880,000?
Mayor Suarez: You are losing momentum quickly. I would go away!
Mr. Baiter: Thank you, gentlemen.
Mayor Suarez: I would go away, if I were you.
Mrs. Kennedy: No, no, nol Thank you, gentlemen is not accepted!
(INAUDIBLE BACKGROUND COMMENTS)
Mrs. Kennedy: Or gentlepersons is accepted.
50. DISCUSSION CONCERNING REQUIREMENT OF REMOVAL OF PLANNING ADVISORY BOARD
MEMBERS WHO MISS MORE THAN FIVE MEETINGS.
Mayor Suarez: Item 60, is Mr. Pedraza here? I am sorry, Jorge, I forgot, I
didn't see you there.
Mr. Jorge Pedraza: Honorable Mayor, Commissioners, my name is Jorge Pedraza,
with address at 2150 Coral Way, Miami. I address you today in behalf of the
City of Miami Planning Advisory Board. The item before you concerns the
present wording of section 6252 of the City Code, which reads, "that any
member, or alternate member of the Planning Advisory Board, or Zoning Board,
who is absent for whatever reason, more than five meetings in one year shall
be automatically removed and the position declared vacant."
Mayor Suarez: Typically, Jorge, you have how many meetings a month?
Mr. Pedraza: We have two meetings a month, except for one month, which we
take vacation, which will be August. I have been told that in particular,
that wording, for whatever reason, was born out of numerous, and very
imaginative excuses provided by some members in the past, to cover their
id 174 ,duly 24, 1986
it 4
absences. I am also aware that the City must exercise control over this
situation in order to maintain an orderly progress of the scheduled agenda.
It is my opinion however, that this wording appears to be somewhat
restrictive, and under specific circumstances, might even become confusing,
and misleading. On the night of May 21, 1986, as I prepared to attend a
regularly scheduled meeting of the P.A.B., heavy thunderstorms and torrential
rainfalls started to develop. As I watched the national television news
broadcast, it was announced that the authorities in Miami were advising its
citizens not to venture outside their homes, an advice usually provided
during cases of declared emergency. Having no contingent means of
communicating with City Hall, and assuming that a declared emergency would
take precedence over a City ordinance, I stayed home and missed a meeting,
which after all was conducted as regularly scheduled, in the face of heavy
risks, and contrary to the advice of the City authorities.
Mayor Suarez: Jorge, what are you asking? You are saying...
Mr. Pedraza: The main objective in bringing this item for your consideration,
is that this wording, for whatever reason, be reviewed to consider the
inclusion of except in cases of local or national declared emergencies. I
believe this will provide all members of the Zoning and Planning boards, a
less conflictive ordinances structured in which to make appropriate sound
judgment of action.
Mayor Suarez: OK, the only excuse would be a local or national emergency, and
how many absences are you going to allow?... are you proposing?
Mr. Pedraza: No, no, I am not proposing to change the amount of absences.
Mayor Suarez: Oh, you are not?
Mr. Pedraza: No, not at all. Five absences a year will be automatically a
removal. The only thing...
Mayor Suarez: You are just proposing to change the...
Mr. Pedraza: Well, we now have a wording that says, "for whatever reason" -
whatever reason, I mean, there is absolutely no excuse, and I was told...
Mayor Suarez: And particularly when you are allowing five unexcused absences.
Mr. Pedraza: Correct, this declared emergency may be a fifth.
Mayor Suarez: City recommend?
Mr. Walter Pierce: No, sir, we do not.
Mayor Suarez: Why not?
Mr. Pierce: In 1984, when the ordinance was changed to allow only five
absences regardless of the reason, we were having...
Mayor Suarez: Wait a minute. You changed it from three? It used to be less?
Mr. Plummer: Yes.
Mr. Pierce: It used to be three unexcused, and we were having problems
getting quorums, so much to the fact that the Commission even increased the
number of members of that board.
Mayor Suarez: So we went to five unexcused.
Mr. Pierce: We went to five, period, for any reason.
Mr. Plummer: Mo, no. In the past, the three applied, that you could have a
doctor's certificate, or something saying that you were excused, and what we
found out, people were playing games, OK? So we said, OK, let's take the game
playing out of it, Instead of three excused or unexcused, we will just make
it a flat, if you miss five a year, you are out.
Mayor Suarez:
But you still have an excused provision!
Id
175
July 24, 1986
14 7
Mr. Plummer: No excused or unexcused. That is why we went from the three to
the five.
Mr. Pierce: Mr. Mayor, as Commissioner Plummer states, there was some game
playing at that time, and if a member missed a meeting and remember, this is
one of the paid boards of the City, admittedly not a huge sum of money, but it
is a paid board. If a member missed a meeting, it was easy to get a doctor's
excuse.
Mayor Suarez: Yes, I have no problem with that. Are you proposing a
provision now, that will grant some excuses in some situations?
Mr. Pedraza: I am only proposing that the wording, "declared national or
local emergency" be included.
Mayor Suarez: What was the wording before?
Mr. Pedraza: The wording is, whatever reason. The wording simply states,
"for whatever reason."
Mrs. Kennedy: And your proposal is...?
Mr. Pedraza: My proposal is to include, or to exclude, in this case, a local
or national declared emergency.
Mayor Suarez: No problem with that. We haven't had too many of those, so...
Mr. Plummer: What would you exclude in national emergency, is that when
Reagan comes to town, or..?
Mr. Pedraza: No, sir. For instance, it was broadcasted nationally. It was
on national television that night, that the authorities in Miami were advising
its citizens not to venture outside their homes, so I stayed home, and I
missed the meeting and I was penalized for that. I feel that this was a
declared emergency, a local declared emergency and it was contradictory with
the ordinance as it reads now.
Mr. Plummer: But, you are saying to exclude that wording.
Mr. Pedraza: No, I am saying to include.
Mrs. Kennedy: To exclude the national emergency...
Mr. Pedraza: To include, rather than for whatever reasons, to include that a
local or a national emergency will then provide us with excuse for an absence.
Mrs. Kennedy: In other words, that it will not be counted as an absence.
Mayor Suarez: Right. You know, the chairman, really, should have a lot of
discretion on that. I tell you for sure, if we have a national or a local
emergency, there won't be any meeting of this Commission called.
Mr. Plummer: Much to the contrary, when there is an emergency, we are here!
Mayor Suarez: Unless we have to do it.
Mr. Plummer: You haven't been around. Believe, me, you will be herel
Mr. Pierce: May I read something from the transcript of January 26, 1984?
"Mayor Ferro: So in other words, automatically, with or without an
excuse, if you miss on your sixth meeting that you missed, you are
automatically out.
Mr. Carollo: I would say five.
Mayor Ferro: Five, all right, I accept that.
Mrs. Gordon: Mr. Mayor.
Mayor Ferree Go ahead, I am listening.
Id
176
July 24s 1986
. A 4
�t
Mr. Gary: I agree with staff, and also Commissioner Carollo. I would
say, however, that if you have got a good person on that board, and that
person had to have surgery, as for example, Mayor Ferre..."
Mr. Carollo: Excuse me, Walter, sorry to interrupt you. Can you read that
part where Howard agrees with me again? (LAUGHTER)
Mr. Kennedy: I am interested to hear what Mr. Perez had to say.
Mayor Suarez: He was silent.
Mr. Pierce: He was, but then Mayor Ferre ended it by saying,
"Mayor Ferre: Then we can reappoint him, Howard.
Mr. Gary: OK."
Mr. Pierce: The discussion continued and then the Commission voted
unanimously, but Mr. Gary did agree with Commissioner Carollo.
Mr. Plummer: Well, I will tell you, I served on that board for three years,
and I don't think in three years I missed three meetings, and I just can't
imagine five national emergencies coming every Thatyisrmy personal1d, and opinion.I
don't think it needs to be changed, personally.
Mr. Pierce: I would also say for the record, that if there is a declared
emergency, on a local or national basis, then the City Manager would act in
concert with the Commission, particularly the Mayor, has that authority and it
is broadcast over all the local media.
Mrs. Kennedy: Sounds good to me.
Mr. Pedraza: May I make a comment to Commissioner Plummer? That night, on
national television, it was broadcasted that the authorities, the City police
was advising its citizens not to venture outside.
Mr. Plummer: But, that was one night, sirl
Mr. Pedraza: I know, I know.
Mr. Pierce: Well, what about the other four, now?
Mr. Odio: Where are the other four?
Mr. Plummer: Where are the other four?
Mr. Pedraza: No, no, I am not saying there are four or five absences. All I
am saying is... that could be the fifth absence.
Mr. Plummer: Well, look, sir, let me tell you something. I have sat on this
Commission now almost 16 years, OK? And I want to tell you something, if
there is a special exception to the rule, I am sure this Commission will take
it under consideration, but I don't think we want to send a message to the
Zoning Board or any other board in this City that says any less than we expect
you whenever possible to be there, and if there is a problem, and that happens
to be the case, I am sure this Commission will deal with it accordingly, as we
always have in the past.
Mr. Dawkins: If a hurricane comes up, we do not expect you to be there.
Mayor Suarez: You really have a model ordinance. Any time that they have a
situation where absences are not differentiated between excused and unexcused,
that is better, because that way you have a fixed number of times that a
person misses it, they are gone, otherwise, you can never get rid of people
who don't attend. I don't think you can do any better than that.
Id 177 July 24, 1986
s i
51. CONTINUED DISCUSSION OF CONSTRUCTION OF SPORTS ARENA; DIRECT MANAGER NOT
TO ENTER INTO NEGOTIATIONS WITH ASSOCIATED BUILDERS AND CONTRACTORS INC.
UNTIL MINORITY PARTICIPATION PLAN IS APPROVED (See labels 49 and 71).
Mayor Suarez: We have to vote on item 61, I believe, according...
Mrs. Kennedy: OK, this is for the...
Mayor Suarez: Commissioner Plummer, you are saying on 61, we have to vote on
it?
Mr. Plummer: Item 61, according to the Clerk, we did not vote. There was a
motion made and understood, but not voted.
Mayor Suarez: Was it seconded, Madam City Clerk?
Ms. Hirai: No, sir.
Mr. Plummer: Yes, I seconded the motion, I believe.
Mayor Suarez: Did he move it and second it?
Ms. Hirai: Do you want me to call the roll on that?
Mayor Suarez: Yes, please.
Ms. Hirai: Roll call on item 61.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 86-639
A MOTION DIRECTING THE CITY MANAGER NOT TO APPROVE ANY
DEALS OR ENTER INTO ANY CONTRACT WITH ASSOCIATED
BUILDERS AND CONTRACTORS INC. CONCERNING THE PROPOSED
CONSTRUCTION OF THE SPORTS ARENA UNTIL THE CITY
COMMISSION HAS APPROVED THEIR MINORITY PARTICIPATION
PLAN.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote —
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice —Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
1d 178 July 24, 1986
10
i
52
AGREEMENT WITH MELBRON E. SELF FOR CONSULTANT SERVICES AS A CRISIS
.
COUNSELOR FOR THE POLICE DEPARTMENT.
Mrs. Kennedy: OK, Mr. Mayor, let me just read the resolution on the crisis
counselors. (NOTE: THEREUPON COMMISSIONER KENNEDY reads resolution into the
public record as shown hereinbelow)
Mayor Suarez: So moved.
Mrs. Kennedy: I so move.
Mr. Dawkins: Move it.
Mayor Suarez: So seconded. Any discussion from the Commission? Call the
roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-640
A RESOLUTION ALLOCATING, SUBJECT TO THE AVAILABILITY
OF FUNDS, AN AMOUNT NOT TO EXCEED FORTY EIGHT THOUSAND
DOLLARS ($48,000.00) FROM THE CITY OF MIAMI LAW
ENFORCEMENT TRUST FUND; MONIES TO COVER THE NECESSARY
COSTS AND EXPENSES ASSOCIATED WITH THE ACQUISITION OF
CONSULTANT SERVICES OF A CRISIS COUNSELOR, TO BE
AVAILABLE FORTY (40) HOURS WEEKLY AND TO PROVIDE
SERVICES ON A 24 HOUR ON -CALL BASIS TO ADMINISTER TO
THE NEEDS OF THE MIAMI POLICE DEPARTMENT PERSONNEL;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM WITH
MELBRON E. SELF FOR CONSULTANT SERVICES AS A CRISIS
COUNSELOR FOR ONE (1) YEAR, WITH AN OPTION TO EXTEND
UNDER THE SAME TERMS AND CONDITIONS FOR AN ADDITIONAL
PERIOD.
(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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
id
179
July 24v 1906
53. DEFERRAL OF PLANS FOR THE CLEANUP/CAPITAL IMPROVEMENT CAMPAIGN FOR THE
HISTORIC OVERTOWN FOLKLIFE VILLAGE.
Mayor Suarez: Item 62.
Mr. Plummer: Is there anyone here on item 62?
Mayor Suarez: I guess we pretty much took care of that by building into the
motion on C.D. that there would be a preference that would include Black
Archives, after the second, did we not?
Mr. Odio: That is why the...
Mayor Suarez: We first said Centro Mater, and then Black Archives, I think.
Mr. Odio: No.
Mr. Dawkins: No, we said it had to be the housing fund. Where is Frank?
Mayor Suarez: Oh, housing fund.
Mr. Plummer: You know, Frank, let me ask you a question. I remember back
when we gave this thing to Dr. Ben Sheppard, God rest his soul, and just to
bring this damn fire station up to a snuff, cost this City $150,000. Are we
really doing the Black Archives a disservice by allowing them to use this
facility, fully knowing that the structural ability of that building is
horrible?
Mr. Dawkins: We are not giving them a building, that building, are we?
Mr. Castaneda: Nov we are giving them a building on...
Mr. Matthew Schwartz: N.E. 2nd Avenue. I think the Black Archives is
concerned about there is a vacant building in Overtown that they want to use
as part of their historic village.
Mr. Plummer: Did I not hear from the Manager this morning, that the Black
Archives were going to move into the Fire Station, and that is what moved the
day care center out?
Mr. Castaneda: No, that was...
Mr. Odio: That was wrong information.
Mr. Plummer: Oh, I am sorry, then.
Mayor Suarez: We had better wait until they are here then, I guess, until we
find out what it is they want to do.
Mr. Castaneda; The Black Archives is moving into the Fire Station, but not
that not.
Mr. Schwartz: In Overtown.
Mayor Suarez: OK, well, they are not here, so unless somebody wants to take
this item up, we can go on to the next one.
Mr. Plummer: Move we defer it to the next agenda.
NOTE FOR THE RECORD: ITEM 63 WAS WITHDRAWN.
14 ISO July 24, 1906
A
�-
54. DISCUSSION OF SPIRITUAL ASSEMBLY OF THE BAHA'IS OF MIAMI CONCERNING "T HE
PROMISE OF WORLD PEACE"
Mayor Suarez: Item 64.
k-'
Mr. Plummer: Is this a request for money?
u
Unidentified Speaker: No, it isn't.
Mr. Plummer: It is not a request for money?
Ms. Elvita Haxton: No, it isn't.
Mr. George Savitt: We do not accept money from people who are not members of
our faith.
M>
Mr. Dawkins: You won't get any from Plummer.
f„
Mr. Plummer: Ye of little faith should cast the first stone.
'
Ms. Elvita Haxton: Mr. Mayor and Commissioners, I am Elvita Haxton of 4601
Spiritual Assembly.
N.W. 19th Avenue. I am chairperson of the Miami Baha'is
Ms. Alice Evans: I am Alice Evans, I live at 4601 N.W. 19th Avenue, just a
f
layman of the Assembly.
F
�.
Mr. George Savitt: My name is George Savitt, my address is 100 S.W. 52nd
Miami as its
Place. I represent the Spiritual Assembly of Baha'is of
All of the Baha'is
`
treasurer and public information representative. members
in the City limits of Miami, and we are here on a
Miami Assembly have to live
The United Nations has designated 1986 as the international
mission of peace.
It is at this time that the Universal House of Justice, the
year of peace.
Baha'is International administrative body, has chosen to release its peace
d
statement, entitled, "The Promise of World Peace," to the peoples of the
to the
world. World peace can be achieved only through mankind's adherence
the ages by
moral and ethical principles that have been revealed throughout
in this universal
the prophets of God. These principles have been restated
faith. Peace is an international goal,
age, in the writings of the Baha'is
City
Ba'is lieve that emoral
local levees
but its beginnings belong on a
can bunited through theseWe
of Miami, which its richly diverse culture
and ethical principles; therefore, the Baha'is of Miami wish to present to
the
you, our honorable Mayor, Vice -Mayor, City Commissioners and City Manager,
it will inspire and
promise of world peace, with the hope and prayer that
the diverse elements of our great City.
create peace and harmony among
Mr. Plummer: Sir, on behalf of the Commission, we thank you for your
----
presentation.
-
Mr. Savitt: I thank you for the privilege of being here.
.�
Mr. Plummer: Thank you, sir.
55, DISCUSSION BY MOTHERS AGAINST DRUNK DRIVERS CONCERNING FUNDS FOR POLICE
DEPARTMENT'S DRIVING IMPAIRED UNIT.
Mayor Suarez: Item 65.
Ms. Lori A. Weldon: Hi, my name is Lori Weldon, my address is 160 N.W. 44th
Street.
_ Mr. Plummer: How much are you giving us?
Ms. Weldon: How much am I giving you? No, I want you to give met
Id 181 July 24, 1906
Mr. Plummer: Well, it says a Federal grantl
Ms. Weldon% No, the Federal grant expires for the D.U.I. task force on
September 30th. I am here to request further funding by the City so the
D.U.I. task force can continue.
Mr. Plummer: What?
Mr. Dawkins: Why did the Federal government refuse, I mean, where did the
money come from before, Federal, or State?
Mr. Weldon: Federal.
Mr. Dawkins: And why did the Feds refuse to refund the program?
Ms. Weldon: I believe because of economics, was the only reason.
Mr. Dawkins: Economics? Reagonism?
Ms. Weldon: Since our...
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Only, it was for training. Yes, that is what it was for.
Mr. Dawkins: Thank you, sir.
Ms. Weldon: OK, before the D.U.I. task force was implemented in 1982, in the
City of Miami there were 6,795 I° believe, infter March he19831ementthatattaskion oforce
the
D.U.I. task force, beginning,
alone, made 8,961 arrests. Since that time, in 1984, they have made 9,272.
In 1985, 8,948. Now, fatalities for the D.U.I. task force, there are 428 in
1981, and 383 in 1982. After the implementation of the task force, in 1983,
fatalities decreased to 324. In 1984, they decreased to 304, and in 1985,
they decreased to 302. I submit to you that the task force is a remarkable
venture. The City received two-thirds of the fines the court collects as a
result of arrests made by the D.U.I. task force, and that I say to you that we
in
need the task force in order to keep arrests up, and keeNow, asitfatalities
stands,�the
the City of Miami when it comes to drunk driving.
which to operate the task force on a full
police force does not have the means
basis without monetary support.
Mr. Plummer: Why not?
Ms. Weldon: They don't have the funds.
Mr. Plummer: No, that is not the case. The point is, this was done by the
motorcycle division. They are still there. They still have the equipment,
and there is no reason that they can't do the same kind of enforcement that
they did. This was an act for three years of training, to make better
arrests.
Ms. Weldon: OK.
Mr. Plummer: Now, you know, you are the Department, you speak to it.
Col. Arthur Vincent: Col. Arthur Vincent, Miami Police Department.
As
Commissioner Plummer said, all 33 motormen are now trained in D.U.I.
enforcement. They have all been serving as D.U.I. enforcement officers in the
task force on a rotating basis. We still have the bIt Ca kethat force onas been
Friday
given to us, and we have intentions of fielding a D.U.I.
and Saturday theh existing and we arensurerweend c
es, and we are going
are going to maintain the level
to continue t e
of enforcement that we always have.
Mr. Plummer: Well, the question...
Mr. Dawkins: What was the grant amount received?
Col. Vincent: Commissioner, it was approximately $600,000 a year.
Id
182
July 24, 1986
J"a1:
� :Y3
Mr. Odio: That is a lot of money.
Mr. Dawkins: Go ahead, Commissioner Plummer.
Mr. Plummer: Do you feel that there is a need for further training?
Col. Vincent: No.
Mr. Dawkins: I was just getting ready to say, if we spent $600,000 a year,
have trained,
t only our
for three years, me, too. Everybody �i$1,8000n0the We
City of should M ami should haven
police, but gotten the
training with that kind of money.
Mayor Suarez: It would have been a lot more money to accomplish that.
Mr. Dawkins: Why?
Col. Vincent: Commissioner, we did...
Mr. Plummer% Well, I thought they used you as the decoy.
Ms. Weldon: I know that the task force is trained, but the costs, I think,
are incurred, in the manpower tied up with the processing, and such. I know
That is no
the Police Department would do their jobs on Friday and Saturday.
problem. I have complete faith in the D.U.I. task force, but I can't see
where they can feasibly, and physically make the arrest in two days, that they
are normally doing, from Tuesday through Saturday, and their Friday and
Saturday nights are prime nights, but must also consider Thursday nights, you
have happy hours you have club activities going on, and that is a night where
there are a lot of drunks on the streets also. Now, if it is going to be
confined to a couple of nights, sir, I suggest Thursday, Friday and Saturday.
Mr. Dawkins: Well, why not suggest that we rotate it, and that we do it one
week Thursday night, and we do it the next night Tuesday, and so that the
drunks will not know what night we will be out therel
Ms. Weldon: I don't think one night a week would be sufficient.
Mr. Plummer: That's unfair!
Ms. Weldon: Right, because they may have one night they don't know we are out
there, but they got six, they know definitely that we are not.
Mr. Dawkins: Colonel, how many men would you need to perform this exercise at
the level being requested?
Col. Vincent: Sir to continue at the level the grant allow us, would be ten
officers and one sergeant.
Mr. Dawkins: Ten officers and one sergeant, plus additional equipment?
Col. Vincent: Well, no, the equipment was purchased. We have the batmobile,
and we already have the motorcycles in place for...
Mr. Dawkins: All right, so that means that I would no longer have the limited
prostitute force on Biscayne Boulevard, and I would no longer have the limited
drug stings in Liberty City, Coconut Grove, and Overtown, because I would have
to take manpower from that to do this, is that correct, sir?
Col. Vincent: Yes, sir, we would have to take ten men and dedicate them to do
e to
what she tthe ten officers
emnforothentinue the grant, task force. Theywwouldlhave v k
to come from the other
and dedicate
details that you have mentioned, sir.
Ms. Weldon: See, that is why I am requesting, because I know, that if you
take andtheg to solve my
rate them. h
at is not
crime te will probably gon
up my area. I'mnnot trying to
problem,em,
create a problem in other areas.
Mr, Dawkins: No one thinks that. Everyone knows of your concern about the
total City of Miami, not no area, no one you have been down here too many
times for drugs and every other thing - break-ins, Citizens against Crime, so
ld 183 July 24, 1906
we know what you are here for. The only thing we know is that we just have
I buttons out
"X" number of police and "X" number of dollars, but see some
learn from M.A.D.D.
n
there that I am very impressed with, because I have got to
do what they did, because that is what I
;.,
how they convinced the Legislature to
there lobbying for, against drugs, so I need to know how you
will be up
twisted people's arms up there to make them do what you wanted done.
JI
Mayor Suarez: What is the minimum mandatory on a first conviction? The last
mandatory
time I looked, it was on a second conviction that you get a minimum
prison sentence. Do you know, Colonel?... on drunk driving?
Col. Vincent: Not off hand, I would have to check. I think it is three
months.
Mayor Suarez: The second conviction? Yes, it is a minimum of ten days. No,
drunk driving, at
really, I think it should be on the first conviction for
ten Maye your
andshould
drivingefforts
least four weekends in jail,
directed at the Legislature. To beyconvicted• of drunk somehow
just walk away with a fine, to me, just doesn't stack up.
Ms. Weldon: The efforts on national basis is through legislation. Right now,
we are frankly concerned with local, and until... well, with legislation, the
is not helping us,
Z"t
,:...,
laws are there, but the judge don't implement them, that
in jail, because there is no
and I have heard that the judges can't put people
to and etcetera, and it goes on, and it goes on
-.
place in prison for them go,
and goes onl
Mayor Suarez: It is not also a minimum mandatory and they won't ever do it on
their own although they can, on a first conviction.
Mr. Plummer: He's lucky to get them in on a second.
A'
r
Mayor Suarez: Even on a second, they figure out ways around the minimum
mandatory, that is exactly right.
s
Mr. Dawkins: I think we are getting away from what you came for.
-f
Ms. Weldon: Yes, that is what I was about to say.
Mr. Dawkins: All right, go ahead and tell us what you came here for.
Ms. Weldon: OK, what I was hoping is that you would give the Police
Department the manpower or the funds to keep up the D.U.I. task force in the
way it is going now, instead of limiting them to Friday and Saturday.
Mr. Odio: Well, I was talking to the Chief. Let me explain to you when we
are doing the drug stings, and we are doing them once or twice a week. We do
also... the motorcycles do the road blocks and they do pick up the drunk
drivers, and anything else. These next two weeks, we are going to be doing
stings every day in the northeast of Miami, so we are taking care of the drunk
drivers too. We arrested 50 people, last time. So, what he is saying is that
we have the resources in place. We have the trained personnel, and that we
are going to do the same thing you are asking us to do, but in a different
way.
Ms. Weldon: OK, well, in that respect, last year the entire City of Miami
Police Department arrested 958 D.U.I.'s That was before the task force.
After the implementation of the task force, they alone arrested 1,200
D.U.I.'s, so I can't see where you can tell me that they can do the same thing
that the task force is doing, because the figures show differently.
Mr. Odio: No, I am not saying that. He is telling me that he can do it, and
I am going to hold him to that, and I think we can do it, but we have to use
every resource we have.
Mr. Weldon: But if he can't?
Mr. Odio: Then we have to address the problem, unless you are willing to get
us another Federal grant, because we don't have that kind of money to just
hire ten police officers for this task only.
Id 184 July 24, 1986
Ms. Weldon: OK, he is saying Fridays and Saturdays. What I am asking is, a
compromise, Thursday, Friday and Saturday?
and
ways
Col. Vincent: All of the officers area DeUbetweentrained,
and 150 deuring they will past
enforce a D.U.I. in violation. We aver g
year, a am sure that we can maintain that average
month, D.U.I. arrests, and I
the coming months with the 33 trained enforcement officers, and the rest of
the Department is going to be trained on an ongoing basis because we now have
certified instructors in D.U.I. detection and apprehension, and they will be
used to train the rest of the Department.
Mr. Dawkins: Mr. Manager, when you negotiate with the consultant in grantsmen
that we asked you to negotiate with, ask him also to look in their Department
of Justice and see if there is
y money
available,ld you with
which we could put
additional officers out there for
i` Mr. Odio: Yes, sir.
Mayor Suarez: Do you want to make an additional statement?
Mr. Robert Meyer: If I may. My name is Robert Meyer, I live S.W. 194th
s
' Street. I am a victim -
and
lost a 19 year old son, so the presentation that I
,.,. make to you is emotional, and has nothing to do with financing, or anything
else. The emotional appeal that I make to you is for all of the young people
of the City of Miami. The D.U.I. task force, and its function, has helped
{
<. reduce the deaths, the physical disabilities of its citizens on the street.
Without these people out there, without these special trained officers out
there that make the arrest and get the convictions, we are saying to our
people, "I don't care how many broken backs we have, I don't care how many of
our children are killed." I am asking you very emotionally, help us. Help us
to maintain the lives, and the futures of our children. If it costs us ten
police officers, those ten police officers are a lot cheaper to supply and a
4=
lot easier to live with, than ten funerals. Thank you.
4 Mayor Suarez: Thank you for your presentation.
Ms. Weldon: OK, what I want to say is, you keep saying... I know the Force is
going to be out there and they are looking, but I have ridden with the task
force twice, and the regular patrol officers are too busy answering other
calls, to process a D.U.I., which takes a considerable amount of time to
0. ?` In that respect, the patrol officers call D.U.I. task force officers
r tl process.
for that arrest. Now, don't get me wrong, I don't think any patrolman s
going to bypass anyone that is really drunk driving, and not take them in, but
what I am saying to you, is you will be tying up a much needed patrolman from
doing something else, like making a drug arrest, or chasing someone, or
ike that, by the time used to process the
breaking or entering, or something l
-_ -- D.U.I. If you have these officers out there, then the patrolmen don't have
that concern, because they know that...
Mr. Plummer: Aren't you going to continue to use the batmobile?
Mr. Odio: Yes.
Col. Vincent: Yes, sir.
Mr. Plummer: And that is where the processing is done, they take him from the
street to the batmobile and that is where the processing is done, and they are
going to continue to operate that.
Ms. Weldon: But, the officers are still, has to be present.
Mr. Plummer: Have what?
Ms. Weldon: Are still present during the processing.
— = Mr. Odio: You are going to continue doing the same thing here as before?
Col. Vincent: Yes, sir.
Ms. Weldon: At least the task force are.., yes, they are still present.
Mr. Plummer: They don't have to be.
Id 185 July 24, 1986
Mr. Odio: I tried to tell you that we are going to keep doing the things that
we were doing before.
Ms. Weldon: Are you saying to me...
Mr. Odio: Now, if you want me to put
drivers, that is not what we are saying.
the same thing we have been doing so
arrest, and if they go down by any rate,
ten officers on duty just for drunk
He is telling me we are going to do
far. I asked you, you monitor the
tell us, come and see me.
Ms. Weldon: OK, so what you are saying to me today, is if I on monitor, you
are going to go out on Fridays and Saturdays, that what
ttoe wants Tuesday rthrough
o
I monitor the arrest, and they go down, you
goback
Saturday?
Mr. Odio: Just come and see us and tell me that we are not doing what we said
we would do.
Ms. Weldon: And what do I get when we come back?
Mr. Odio: Then I can do something about it, but you are assuming that we are
not going to do something that we saying we are going to do, so give us a
chance to perform.
Ms. Weldon: So, you are going to put on him the responsibility of performing
in two days what is normally performed in five.
Mr. Odio: I didn't say that. He is telling me that we have enough officers
trained in D.U.I., that we have the batmobile, that we are going to do the
is
same thing we that, andve whenlhe•doesn'tldohe is that,sthengyouacomeeand seenme us. You
going to do t,
are assuming that we are not going to do...
Ms. Weldon: What I am trying to do is take the safe route out. To assume
with lives is something I don't want to do.
Mr. Odio: Fine, and I believe in that too, because I do have kids too, so
give us a chance to perform.
Col. Vincent: We can provide the monthly totals, and if I believe, and I
strongly believe that it will remain between 85 and 150, as it always has,
from the enforcement squad, whether they are dedicated to task force, or they
are enforcement officers, they are going to maintain that.
Ms. Weldon: OK, but as stated, they said Fridays. Could they at least do
Thursday, Friday and Saturday, extensively?
Mr. Plummer: Where are we bogging down?
Mayor Suarez: We can't do any better than what is being proposed right now,
unless some Commissioner proposes, and I haven't heard anyone make any motions
to that effect, and I guess we are assuming that the department will intensify
tensify
its efforts in this area. That is the best we can say at this point.
the situation, and let us know. We are monitoring all serious crimes, and I
know every Commissioner is doing it. I am doing it on a three month basis,
and we are, you know, complaining every time that they go up in any way. They
have gone down by the way, with the first six months of this year,
substantially, so...
Ms. Weldon: How long do you want me to give them? September?
Mayor Suarez: Thank you. You can monitor it every day and send us reports
anytime you want.
Mrs. Kennedy:
about it.
Mayor Suarez:
area.
And then if not, the Manager said that he would do something
Thank you for your presentation and for your interest in this
14.
186
July 24, 1986
•
56. DISCUSSION CONCERNING CURRENT STATUS OF LAND ACQUISITION OF CAMILLUS
HOUSE.
Mayor Suarez: Item 66. Go ahead.
Mr. Daniel Cromer: Mayor, Commissioners, my name is Daniel Cromer.
I operate
the Cromer Company located at 55 N.E. 7th Street, and I am here on behalf of
the Park/West Civic Association. In 1983, this Commission approved Phase I of
the Overtown/Park West project. The Park West Association worked long and
hard, in conjunction with the City, towards this approval. A major part of
our support for this project included the City's acquisition of the Camillus
House, as this facility created environmental problems with the project
itself, as well as the soon to be constructed Sports Arens. This acquisition
is one of the key factors in making the entire Park West/Overtown project
viable and successful. It is our understanding that the acquisition is now
being delayed due to lack of funding, and a $1,000,000 offer by the City has
been withdrawn. I am here today to urge you to direct the City Manager, and
in turn, the project manager, that the funding for this acquisition be found
promptly.
Mayor Suarez: Let me check that out. Let's see what we have got here. After
ey
s have to sped all
fr
that court decision, we hdoin made
on uCamillus House Y I knowthe
at onemonies
pointthweowere
acquisition how are g
very close to reaching a deal with...
Mr. Matthew Schwartz: areYes, we waiting
offer, to
the
Consultat Consultation th the
the offer back. We withdrew
Department, after the court settlement in Overtown.
Mayor Suarez: Do we have any funds anywhere else to make a similar offer as
we had at the time?
Mr. Schwartz: At the present time we don't. Hopefully we can resolve the
U.M.T.A. through either the appeal process, or negotiations, but at the
present time, there is no money earmarked for this.
Mr. Dawkins: Is the Camillus House, sir, ready to move and start building?
Mr. Cromer: I do not represent the Camillus House as such. In then ublications I
have read, as recently as an article in the Miami Review,
operates the Camillus House, says that he is ready to move, and would be happy
to, except the money has been withdrawn, the offer has been withdrawn. I just
read publicly that those statements may be...
Mayor Suarez: Did he indicate that if the offer...
Mr. Cromer: Maybe Mr. Schwartz could answer the question.
Mayor Suarez: Did he indicate that if the offer was made for the same amount
of money, he would settle?
Mr. Cromer: I can't speak for him.
Mayor Suarez: I called his attorney at one point there, and never even got a
phone call back, and he is a friend of mine.
Mr. Dawkins: You know what? I mean, the person to be here discussing this is
Brother Paul. I move continueat it untilb tyouther Paul tes can't answer fort Brother Paulhe time to �andhIrn
discuss this, I c don't
want to hear what you got to say.
Mayor Suarez: Well, what he is concerned about is whether we have the money
anymore to even settle it, even assuming we can reach a settlement. Where did
you say you could find it, Matthew?
Mr, Dawkins:
a ..poop
Well, look, even if he find the money, we don't know if we have
ld
187
July 24, 1986
't4
i 4
Mayor Suarez: Yes, but I want to know for myself if we have any money.
Mr. Cromer: But, if nobody is speaking to each otherl If nobody is speaking
to each other, nothing is going to happen.
Mayor Suarez: And if there is no money, nobody is going to speak to each
other.
Mr. Dawkins: That is what I am saying, bring Brother Paul down here so I can
speak to him, that is what I am telling you.
from
Mayor Suarez: OK, let
ement.just
Youfsaid something about U M ind out if we have any T A monies
Matthewanyplace
else, after that judgement.
Mr. Dawkins: Look, I am for finding the money because we have jerked these
people around, I mean, and we have not allowed them in one area, and they had
to go find another area, and right is right, OK? Brother Paul has to come
down here and tell me what we are doing.
Mayor Suarez: Let me just find out if we have anything to even offer.
Mr. Schwartz: At the present time, the City has set aside $5,700,000 because
of the court settlement.
Mayor Suarez: For the other acquisitions.
Mr. Schwartz: For the other... but the money that we were going to use for
Camillus House...
Mayor Suarez: That is in the court registry, and the whole bit.
Mr. Schwartz:... was transferred over to that on hold We would like to
come back and look at possibly some other alternatives of funding this, in
September.
Mr. Dawkins: But, Mr. Schwartz, will they accept what you... all right, let's
just say for the sake of discussion that you do find two "X" dollars.
Mayor Suarez: We don't know.
Mr. Dawkins: Will he accept two "X" dollars? If he doesn't, then you got to
go back someplace else and look again.
Mr. Schwartz: It is my understanding that the Camillus House would probably
have accepted the City's offer. That was my understanding, but we had not
gotten back the written contract
th think there
... and
in fact the Mayor has assisted us by
calling their attorney. was some bureaucratic entanglement in
Camillus House, that they didn't send it back in time, but, I know they are
interested in moving. As Brother Paul indicates to us, he wants to upgrade
his location. He wants to move to a better neighborhood.
Mayor Suarez: We are going to look for that money, because I think the
Commission's consensus is to get, you know, the Camillus House issue resolved
as quickly as possible, and he is implying that by September he is going to
find it, so... right?
Mr. Cromer: Well, let's clarify that.
Mr. Schwartz: We will do an investigation. I am not sure that we will find
it.
Mr. Cromer: Can a report be brought back in September to this Commission as
to what is going to happen?
Mr. Plummer: Sure.
Mr. Dawkins: If Brother Paul is here...
Mr, Cromer: Well, I think Mr. Schwartz should invite him. I am sure he would
be happy to come.
ld
188
July 24, 1986
S C T
it might be a good idea to invite his attorneys or
Mayor Suarez: His counsel, 8
him, one of them. Maybe we can get it resolved.
j! do not schedule any meeting to discuss nothing
Mr. Dawkins: Mr. Manager,
about the Camillus House if they do not come.
move on
hat
Mayor Suarez: Thank you for your presentatby ion.
tembere wet w gll haven the moneytand
as quickly as possible and hopefully,
p
on it, in which we were awfully close.
we will be back to a settling p
57. DISCUSSION CONCERNING FUNDS FOR THE INNER CITY CHILDREN'S TOURING DANCE
COMPANY.
Mayor Suarez: Item 67.
on instructed
Mr. Odin: Well, let me make it brief• II did not find thewasnfunds�.mthat lis
meeting to find funds to fund this program.
why I didn't bring it back.
Mrs. Kennedy: How much are we talking about?
7.'
Mr. Odio: $10,000. Let me just remind you it is not S10,000. It is a
multiplier, in effect. If I do this, I have to do all the other projects that
P
have applied. I don't have that kind of money, and that is why I never brought
it back.
Y Mrs. Penny L. Moss: My name is Penny Moss, I am a volunteer with the Inner-
's Touring Dance Company.
We have a proposal for the Performinghe
City Children
' Arts summer camp, and when we came to you before, we hThesechildren Otare from
who were interested in attending the summer camp. -city. Since that time, we
7. disadvantaged and low income families in the inner
and we came up with 20 chin
ho
sx
have attempted to locate thesecfeturnn to the C ty Commiss ono beta sereif wwe
were interested, and we had to
a cannot achieve funding here, we will have to tell these children they cannot
yx
attend.
Mr. Robert Traurig: My name is Robert Traurig, I serve with great pride...
Mrs. Kennedy: Did you register, yet?
Mr. Traurig: I don't have to, for this matter, but I did, yes.
Ma'am. I
ell you
serve with great pride on the board he this organization,ftrainin that FlorencetNichols
that those who have been exposed to the kind 8 inner -
gives to her children, a dhek a that others getind of program that s from the available entertainment
- city youths, and the k of Pl be
that they provide to the his public schools
and I know other from sitting 'here , the
very, very grateful to t organization.
This is a summer
difficulties that the Manager has in funding programs.
hborhoods and
program that takes severalkeSnthem intred o an environment that isren from inner-city lgvery conducive
gives them training and to
to becoming good citizens, and if there is any money available, I would
to consider this particular organization, which is
personally urge you
_ exceptional. I attended the recital of the Inner City - Touring Dance Group a
- couple of months ago, and I was thrilled by the kind of performance that was
given. Thank you.
00,000 worth of requests that are just as good.
Mr. plummet; Bob, we have $2,6
-_ Mr. Joe Lamas: Mr.
Mayor, and members of the City Commission, my name is Joe
mi
Lamas. I am associated with this organization through the Greaterhi k awe
' Chamber of Commerce Business Volunteers for the arts programs
asked of all of You almost a super nthing but an task
good v judgments ery time t on hat m many ou mitemstth t
_ here hour after hour, making 8
come before you that are essentially u is
just
mchoosing
better and the best. oare all tiredand vould rather not
my
to deal with another request for funds, certainly, that
eTouringition,
if I were in your seats. However, the Inner - City Children
Id 189 July 24. 1906
Company is the least known and best community effort that I am aware of. This
summer program will take 200 young, disadvantaged children, and give them not
only an education in the arts, but a spark in their lives that hopefully will
allow them to have hope and encouragement for future years to come.
This is
not something that we should compare to other art organizations that may come
before you, and will present an exhibition which will be very nice from our
artistic viewpoint, and you and I will go to see, appreciate, and go away. We
are talking about 100 children that you can provide meaningful experiences
for, that through this summer experience, for the cost of $100 per child, to
us, City of Miami citizens, we can expect a tremendous return for. Again,
this is not an art exhibition, it is not an educational enterprise that is
short —lives. This this something that will spark these young people's lives,
and I assure you that when you think about it, you will see that it is not a
question of money, it is a question of a will. Do you have the will to spend
a minimal amount that we are asking for on behalf of these 100 children.
Obviously we are short of funds. We all know this, however, where there is a
will, there is a way. Now, earlier, in items 57, 58 and 59, some matters were
discussed that I do not fully understand, but is there a possibility that the
community development program changes, will allow some money to be available?
Is there a possibility that the Law Enforcement Trust Fund would allow some
money to keep some children in a very useful occupation instead of out in the
street? If you have the will, you have the money. This is a worthwhile
enterprise. Please help us bring it alive. Thank you.
Mr. Plummer: Joe, where you here earlier in the afternoon, when this
Commission has to say "no" to hungry people?
Mrs. Kennedy: One of the agencies was a Catholic service that provides...
Mr. Plummer: Were you here earlier...
Mrs. Kennedy:... services for children, including day care centers, and we had
to say "no".
Mr. Plummer: Were you here when we had to say "no" to day care centers?
Mr. Lamas: Well, I was here, Commissioner, and I respect your judgment.
Mr. Plummer: It is not a pleasant thing to do.
Mr. Lamas: I understand. It is not a pleasant thing to have young children
coming to you for help, and not be able to take care of them, but I ask you,
if it is not your prerogative as elected officials, to take care of our
children, whose is it?
Mr. Plummer: Yes, with the funds that we have available. You know, we were
cut 36 percent in our available funds. Now, any way you hack it, that means
36 percent less people are going to be recipients this year, and somebody has
got to stand up, somewhere along the line and say, "no". Now, it is tough,
believe me. When this man stood up here from senior citizens and said that
you are going to stop 199 means for senior citizens, I want to tell you
something, I felt bad, OK? And when this other man came here and said you are
turning out 120 kids out into the street that have been in day care centers, I
felt bad, and when these other people came here and say you are cutting out my
transportation to go to the doctor, is that pleasant? No, it is not pleasant.
We have only got "x" number of dollars to work with, and somebody somewhere
has got to say no. The Charter says this City Commission must, and cannot end
in a deficit.
Mr. Lamas: I understand, Commissioner, and I understand unpleasant, difficult
decisions...
Mr. Plummer: The easiest thing in the world to say is yes. I'd love to say
to everyone that walks up here, "Sure, whatever you need, legitimate need, we
will give you." But, we can't do itl
Mr. Lamas: I understand the most difficult decisions that you have to make.
However, please consider this. This organization, which is doing a tremendous
amount of work for our City, receives funds from private organizations, from
the State, from the School Board, from the County. It has never been given
one dime from the City of Miami, where we are located.
190
July 24, 1986
11
s
<n
I
Mr. Plummer: I understand that.
Mr. Dawkins: Not one dime?
Mrs. Moss: Not one.
Mr. Lamas: From the City of Miami?
Mrs. Moss: Not one.
Mr. Lamas: Not that I am aware of, Commissioner.
Mr. Plummer: Well, the inner - city school system, OK? ... 100 percent funds
the inner - city marine project. Why aren't they producing the same for you?
Mrs. Moss: Sorry, I am not familiar with it.
Mr. Lamas: I don't know, Commissioner, but...
Mr. Plummer: Well I"m very familiar with it. The School Board has an inner
city program relating to the marine science.
Mr. Lamas: Yes, but this is not related to the marine sciences.
Mr. Plummer: I am saying it is an inner - city program. Why wouldn't they
fund the same way?
Mr. Lamas: The School Board is giving us $6,000, that is making it possible
to reach those 100 children. The only problem is that 200 have applied, we
are going to have to turn down 100. Now, I think we may be mixing here a
couple of things, and some of you may be seeing this as an arts project,
something that is nice to have, and some of you may be seeing this as
education. I am seeing this as a life spark for 100 young children, that
without it will not have that spark.
Mr. Dawkins: No, what we see sir, is the same thing you see. We see a
program that takes youth and keeps them busy where they may not go out and
deal in drugs because we have given them something constructive to do. We
also see a program where youth who have talent that can be developed. We also
see a program that will give youngsters who do not know in which direction to
go a career to aim for. We know what it is doing, but as J.L. Plummer said,
we just do not have the money. It is not that we don't know what the program
is about, so I can't let you leave here thinking that we don't know what the
program is, what it does, and how good it is.
Mr. Lamas: I appreciate your words, Commissioner Dawkins, my only comment,
and final comment is this. If Mr. Odio wanted to come up with $10,000, he
could. Thank you very much.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: I will move on that item to instruct the City Manager to see if
he can't fit this program within our Parks and Recreation, somehow. So moved.
Mrs. Kennedy: I would like to second that, Mr. Mayor, but the Manager said
that he tried to find the funds, and he didn't.
Mr. Odio: No, then, he made a statement I think, that if I wanted to find the
money, I could have found it. I don't print, money, Ma'am, and I am not going
to offer to this Commission...
Mayor Suarez: Well, don't argue with him. I'm making the motion now, which
may die, suggesting that you do look for monies in the Parks and Recreation
budget to try to fund this program
Mr. Odio: All right.
Mrs. Kennedy: But, he's just procrastinating, because he can't find it, he
says.
Mr, Plummer: Well, but here again now, you know, let's be fair, we have made
a commitment. Are you going to instruct him on every other request before
191 July Z49 1986
this Commission to do the same? Because, you know, you have sat here a short
period of time, but you have seen a lot of good requests come before this
Commission. Now, in the interest of fairness, all of those that we have said
that there is zero dollars in the budget. You are going to have to...
Mayor Suarez: You are right, you are right. The logical way, and this is
what I would like to do, is to set a certain amount aside for these kinds of
programs and just go back to the old policy. I know it didn't work in the
past, and I know that once that amount was reached, we kept going beyond it if
there was an amount set, butlike you say, I have been here nine months. I
would like to try it again. In the meantime, that is the best I can do. I
know as high as $2,000,000.
Mr. Dawkins: Is there a second to the Mayor's motion? It dies for lack of a
second. Mr. Mayor, I would like to save just like you. We are coming up to
budget hearings next month, and maybe there should be some money set aside and
that it be put in the paper how many dollars it is, and then let everybody
know there is "x" dollars and let everybody apply, and when it is gone, that
is itl
Mayor Suarez: And then we don't even bother to listen to the item.
Mr. Dawkins: Oh, you are going to listen to some others, because we are going
to have everybody for the rest of the year coming down with their problems
Mayor Suarez: But we will limit them to two minutes, beyond that.
Mr. Dawkins: OK1
58. IMPLEMENT OPTION 5 CONCERNING BAY HEIGHTS AND NATOMA MANOR TRAFFIC FOR 90
DAYS.
Mayor Suarez: Item 68. I think there is an indication there, for whatever it
is worth, to work with the Commission on the budgeting process which will be
taking place over the next couple of months.
Mr. Dawkins: Mr. Plummer, this is your neighborhood, sir.
Mr. Plummer: Thanks buddy! Friends like youl Let me, before Nancy starts,
I've got a nice letter in the mail from Mr. Cather, you dirty rotten... and
they showed the percentages of the people who took the time to respond. First
of all, let me say how disappointed I am that so many people did not take the
time or the interest to respond. Many didn't.
Mr. Don Cather: ...(INAUDIBLE, OFF MICROPHONE)... had enough time, .
Mr. Plummer: OK, well, maybe there is a reason for it, but I was disappointed
that they didn't. OK, whatever the reason for...
Mayor Suarez: How much time was given for the vote?
Ms. Nancy Benwiash: We got it on a Wednesday, and it was supposed to be
turned in by the 9th. That was the Fourth of July weekend.
Mayor Suarez: Ah hal The old Fourth of July weekend trick!
Mrs. Plummer: OK, Nancy, whatever you want to say, and whatever you want to
do, it is still a diverse opinion of what is to happen. In some ways it is
not only Decoma against Bay Heights, but it is now neighbor in Bay Heights
against neighbor in Bay Heights, I know.
Mrs. Kennedy: Hold it one second, how come I didn't get a list?
Mayor Suarez: They know how you feel about it.
Mr. Plummer: I will tell you why you didn't, because your garbage bill is
still in my name and it is probably at my house waiting for youl You never
transferred over your garbage bill.
192
July 24. 1986
Mrs. Benwiash: Don't feel bad. I didn't get a ballot, and I didn't get a
notification for tonight. Thank God I have neighbors.
Mr. Plummer: Well, I didn't get a ballot, but I did get a result, and I am at
a loss, Mr. Cather, I did not know that there was a so-called option five,
which seemed to be the most popular, and an option six, which was the second
most popular, and a do nothing, which I thought was the instructions of this
Commission, that we accept anything but do nothing, was the third most
popular, so you know, let's go...
Mayor Suarez: You should always put that alternative in, then.
Mr. Plummer: I would like, if it is possible, Mr. Mayor, to understand first,
before Nancy, you speak, and maybe some of the others are as ignorant as I am,
what option five is, and what option six, because I have never seen them. I
know what do nothing is.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: What? No, I've got this here, I am assuming they are going to
put it up on the wall.
Mr. Don Cather: Options five and six came out of the last public meeting we
had, and there were suggestions by the community that they be included in the
balloting, and they were all presented at the time we sent out the ballots,
all of those options were attached to the ballots, so that they could vote,
along with a summary of what the disadvantages and advantages of each one of
them are.
Mr. Plummer: Don, I hate to tell you, I didn't get a ballot. I live in the
neighborhood. I've got the results, but I didn't get a ballot.
Mr. Cather: We take up 326 people. We take a mailing o ist and know we send them
all out. I mean, we are not... we would give you one, y
Mr. Plummer: Thanks, but no thanks. OK, would you explain to me and other
members of the Commission, what is option five, and what is option six,
because we have never seen them.
Mr. Cather: Yes, sir, I have a bulletin board here. ...(INAUDIBLE, OFF
MICROPHONE)... which has the barricades.
Mr. Plummer: Yes.
Mr. Cather: Option five consists of the stop signs only. Option six has a
barricade at the end of the street, at Alatka.
Mr. Plummer: Where, Alatka? Oh, I see, OK.
Mr. Cather: And then, the do nothing one you know about, and the reason...
Mr. Plummer: All right, the question... go ahead, I am sorry.
Mr. Cather: We always include a do nothing option, because that is customary
in any of the...
Mr. Plummer: I thought it was the instruction of this Commission, but that is
all right. I want to ask a question, because something was lost somewhere
along the line. At one time there was an option which showed half of Dixie
and Hallisee closed. As I recall, it was proposed that it would limit "in",
you could still go "out" onto Dixie, but you could not come in.
Mr. Gathers Right here, you mean.
Mr. Plummer: Yes, that was half was to be closed off. Is that been
abandoned?
Mr. Cather: Yes.
Mrs. Kennedy: Now you even painted arrows going both directions.
193 July 24, 1986
0
err"
Mr. Cather: What is that?
Mrs. Kennedy: You have new arrows painted going in both directions.
Mr. Cather: Yes, that was done...
Mayor Suarez: Would anyone find that objectionable? That could be added to
whatever we chose, if you so...
Mr. Cather: The D.O.T. wouldn't go for that.
Mr. Plummer: The D.O.T. wouldn't approve it?
Mr. Cather: No. No.
Mayor Suarez: No, D.O.T. wouldn't approve it.
Mr. Plummer: Let me tell you something you don't know. Now, these people
know, because they live there like I do. One of the real problems we have in
that neighborhood is three times a day, OK?... and that is the change of shift
at Mercy Hospital, and that generates a tremendous amount of traffic in our
neighborhood, and I think in fairness, in my neighborhood more than in Bay
Heights, OK?, and it is a tremendous amount of traffic and the closer you get
to 7:00 a.m., and the closer you get to 3:00 p.m., the faster they go. Now, I
think that needs to be addressed, I really think, and I was hoping that the
original proposal of closing half of that thing, which was the in, or the out,
either one - I would prefer the in, was a viable option to keep some of that
traffic down. One of the problems that we have also got in that neighborhood
is that almost every emergency vehicle run to Mercy Hospital, both rescue and
ambulances, go Halissee. it is a matter of convenience. We are now looking
at another, one more large building being built at Mercy Hospital, and that is
going to generate even more traffic. Now you know, I am no expert by any
means* If the people are going to come here tonight and tell us that they
didn't have time to vote, I don't know if that is a legitimate beef.
Mayor Suarez: Well, besides that, I've heard you say you didn't get a ballot.
I've heard you say you didn't get a ballot, and I have heard the City Manager
say he didn't get a ballot, and they all live in the area.
Mr. Cather: It is incredible to me that at this point in time you would tell
me you didn't get a ballot, because we mailed out 326 ballots.
Mayor Suarez: They are all lying.
Mr. Cather: What?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: I believe it.
Mr. Cather: What happens to them, I will have to discuss with the Post Office
Department.
Mr. Plummer: Well, let me ask this, because you know, hey, we have got to be
fair. Are there any of the people here tonight who feel that more time has to
be for additional balloting? Raise you hands.
Mayor Suarez: That you didn't gave enough time to vote.
Mr. Plummer: OK, in other words, the people... do you feel that way?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: So raise your hand! OK, you are one out of all of the rest...
two, three, four. OK, so the majority of the people who are here this evening
want this matter to be discussed before the Commission and some decision to be
reached. That is a reasonable assumption.
Mr. Cather: I think at this point it would be appropriate to give you the
summary of the ballots we did receive.
194 July Z4, 1986
Mr. Plummer: Well, I think it is also most important to explain even to this
don't
lady, OK, that it was my guarantee to these people whatever we do, or
that 90 days,
do, that it would be for a 90 day trial basis, and at the end of
we would review, modify, alter, cancel, enlarge, or whatever is necessary, so
it is
:.
we are not saying whatever decision we make here tonight is final and
I think this is to have
over, and that is the way it is going to be. going
try thing, and if it doesn't work out, we will modify it, and
..,�
some time to one
if it doesn't, we will modify it, so go from therel
Mrs. Kennedy: Let me just ask, how many people here favor option five? Could
-
I have a show of hands? How about option six? OK so five is
Mr. Plummer: Well, what you have seen, is the difference between Bay Heights
and
Mayor Suarez: She asked first about option five, a show of hands the
How
.
people that are here, not the... option five, OK. That is 25, or so.
about option six? Definitely a minority between those two.
Mr. Plummer: Yes, here are the results.
Mr. Cather: The results are tabulated in your folder, and I will read them
received
out. We started receiving cards from the ballot on July 7th, and we
ballots, and of those
our last cards on July 17. That is ten days we received
a total of 167 out of 326 properties who were sent...
ballots, we received
Mayor Suarez: You are saying you haven't received any since the 17th? ... or
you haven't..*
Mr. Cattier: No, we haven't received any since the 18th. That was the last
time we tabulated them. Of those responses, we received them from 51 percent
of the properties involved. 36, or 22 percent, said do nothing. 11 percent
said option four, which was the barrier, which was the one that was voted on
by Bay Heights. 28 percent were in favor of option five, which is stop signs
`.,
all throughout the neighborhood. Option six is one way streets, and that one
r
received 28 percent.
(INAUDIBLE BACKGROUND COMMENTS)
4
Mayor Suarez: Wait, you have got some percentage problems there.
j
( INAUDIBLE BACKGROUND COMMENTS)
Mr. Cather: Let me check.
Mr. Plummer: Excuse me, on my map, which was presented to me by one of your
people, from Micanopy to Bayshore is one way.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Cather: The difference between option five and option six is the
barricade closing off Alatka, OK?
Mr. Plummer: Yes, sir, boy would that help.
Mr. Cather: That was tied with option five, which is stop signs only. Now,
the seventh option is option seven, which is one way streets shown there, and
that received 12 percent, so we have the option... the stop sign, if you can
consider the stop sign, plus the stop sign with a barrier, that received about
54 percent of the ballots, half of them favoring a barrier and half of them
not favoring a barrier at Alatka, so that's tied.
Mr. Plummer: I know you didn't ask this, but I think Cesar just made what I
would feel is a reasonable compromise. Do five and six.
(INAUDIBLE BACKGROUND COMMENTS)
— Mr. Plummer: Well...
Mrs. Kennedy: In other words, add the barricades...
195 July 249 1986
x
n
;
Mr. Plummer: In other words... no, it isn't, because if you look at six, a
Heights.
lot of the stops sign are eliminated in Bay
(INAUDIBLE BACKGROUND COMMENTS)
. ;
Mayor Suarez: Why don't you approach the mike, I can't even see you back
there, Doctor. State your name into the record, please.
Mr. Jerome Parnes: When we discussed the issue of the stop signs with the
We
'
people of Bay Heights, we were informed that they did not want stop signs.
'-'
in Natoma Manors felt that at least let's have the four way stop signs, so we
wanted that. In addition, we wanted to have Alatka closed off, Halissee made
a one way so ambulances and traffic could get into the emergency room of Mercy
to a
Hospital and they wouldn't go down Alatka. The other issue there was put
7:00 to
no left turn sign at the corner of Halissee and South Bayshore from
come down Halissee and
9:00 a.m. in the morning, so therefore, people couldn't
make a left into...
,.
Mr. Plummer: No right turn.
Mr. Parnes: No left turn, so they couldn't go into the City and cut through
Natoma Manors in the morning.
Mr. Plummer: They usually don't do it that way.
Mr. Parnes: Well, if Alatka is going to be closed off, they are going to have
to find some other way if they don't go down 17th.
Mr. Plummer: They go 17th Avenue to Hilola, that is the way they do it now.
Mr. Cather: Excuse me, at the time, we also included, at the suggestion made
at the property owner's meeting that was held here, we also included an
!
option, which... asked them, how many people were in favor of widening
104 for widening
Bayshore Drive, and of that, 85 percent voted for, voted
Bayshore Drive, and 44 voted against, not widening Bayshore Drive.
Mr. Plummer: But, you didn't ask anybody who lived on Bayshore Drive about
i t .
Mr. Cather: No. (LAUGHTER)
{ ,
Mr. Plummer: Ha, ha, you bet your bippy you didn't! Now, "Don't do it to me.
do it to him."
Mr. Cather: You have answered it exactly right there, when you said, "Don't
do it to me, do to him."
--
Mr. Plummer: Well, first of all, Don, you might recall, South Bayshore Drive
-
has been deemed a historic scenic highway, and you can forget it. Forget it,
_
it will never happen!
Mr. Cather: It has been deemed a historic scenic highway, but there is still
enough right-of-way to put four lanes through there, and of course, this is
the extension. You have got four lanes in front, four lanes in back, and this
is the two lane section, which causes all the problems.
Mr. Plummer: I understand, believe me, I understandl
Mr. Cather: I just wanted to let you know how the people felt on that issue.
_-
Mr. Plummer: Let me ask a quick question. Does anybody have any objection if
=
we were to combine five and six, and try that?
--
Mr. Parnes: Yes, sir.
-
Mr. Plummer: We do? Where do you live, sir?
Mr. Parnes: I live at 3034 Oak, which is...
Mr. Plummer: Well, you don't even live there, air.
Mrs. Kennedy: You don't live in the neighborhood.
196 July 24. 1986
a
Mr. Parnes: No, but I live in Coconut Grove.
Mr. Plummer: Well, why does this effect you?
Mr. Parnes: Well, because it effects my access.
(INAUDIBLE BACKGROUND COMMENTS)
a
Mr. Parnes: I am a taxpayer...
Mr. Plummer: Oh, you want to access our neighborhood?
Mr. Parnes: Well, people, I am sure in your neighborhood access our
neighborhood.
Mr. Plummer: Sir, you have every right in the world to appear here and speak.
Mayor Suarez: Well, give us your name, please, sir.
Mr. Parnes: My name is Jerome Parnes, 3034 Oak Avenue.
Mr. Plummer: OK, may I once again, and I will extend the same courtesy to
you. I would like to ask of the residents, does anyone have any serious
objections if we were to combine five and six? You do? Three people, four?
OK, you do? All right, that is what I wanted to know. I thought we maybe
might have an easy out.
Mr. Cather: I would like to bring up one thing which Mr. Cantio, who lives in
Bay Heights has brought up, and that is the possible use of a mechanical arm,
which would come down on Alatka, and close it during certain hours, then open
it up during off hours. It sounds like a great idea, but I am afraid it would
be a pretty high maintenance item.
Mr. Plummer: And it is also a liability. Now, if Mr. Cantio wants to stand
out there and personally up and down it, I think that is greatl
Mr. Cather: The barricade has a problem in that we are closing a public
street.
Mr. Plummer: I understand that.
Mayor Suarez: If it is a matter of a trial period, then anything is worth a
try. It will resolve it. You have been wanting to say something, Ma'am, over
there, and you get frustrated. If you want to go up to the mike and
say something.....
Mr. Cather: Just before... just one closing thing. Option five is the one
that was favored by the Police Department. They have reviewed this at their
staff inspection, but that does not preclude the possibility of combining
option five with six, as suggested by Commissioner Plummer.
Mayor Suarez: Do you have any problems with that idea of five and six?
Mrs. Barbara Friedbauer: My name is Barbara Friedbauer. I live on Micanopy.
I have no problems, but it seems to me the Bay Heights people should have a
problem. All of us are being asked to vote on something that they will pay
taxes for. I don't feel right in doing that, and I don't understand how we
can combine it, and how we all can vote on something that doesn't only
effects half the group. I think they have a fair claim to say, "We are going
to pay the taxes for that special taxing district." No?
Mr, Plummer: No, no, no. No way.
Mrs. Friedbauer: Well, how...? OK, then I am confused.
Mr. Cather: There was some mistake occurred some place in the neighborhood,
where they thought that we were going to be discussing the special taxing
district for Bay Heights at this meeting, which is not the case.
Mr. Plummer: It has nothing to do with us at all.
197
July 24, 1986
a •
Mr. Cather: Right.
Mr. Plummer: That is a County situation.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: OK, give us your...
Mr. Plummer: I think we ought to listen to Oak Avenue over here. Doctor?
Mr. Parnas: I have a few concerns. One is the preferential treatment of
this community compared to other communities in the Grove and the City. I
went over... I grew up here, I am also a graduate of Miami High, first class
of Dade County Junior College, alumni of the University of Florida, University
of Miami. My family owns property in this area. My concern is we are giving
preferential treatment to a few people, and we are failing to give access to
the rest of the citizens of this City, to this area, and not giving this
treatment to everybody else, I mean, everybody in Coconut Grove has problems.
It is just that it is the closer you live to center of the Grove, the more you
feel it, and now it has gotten to a point where the people who live in. Bay
Heights are being effected - no barricades or action was taken in any other
area, and when I went over there the other day, I saw a police officer in a
patrol car at the entrance, so I went over and asked Officer Torres what his
purpose was there, and the signs said open to local traffic. Well, I don't
know what local traffic is, and I wanted to know whether it would be denied to
me. I asked him if he was giving out tickets. and he said no, that he was a
deterrent. Well, I live right next to the elementary school, and I have never
seen as much given to that area to deter speeders as this area.
Mr. Plummer: You should have asked Officer Torres the real reason he was
there, and since he didn't tell you, let me inform you, so you can be better
informed. Bay Heights area, for a three month period, experienced an
unbelievable rash of purse snatching. That officer, as well as others, was
put there as a deterrent, which has worked, to stop that rash of purse
snatching. That is what he was there for.
Mr. Parnes: I just think that Miami has come a long way from the riots and
the troubles of the early 80's, and that people in this community, and the
City Commission has worked very hard to rebuild and to unite and to open up
the communities of this City, and not to isolate and segregate them. To deny
freedom of access of these streets to other taxpayers, would set a bad
precedent for this City.
Mayor Suarez: By the way, that officer told you that he was there as a
deterrent, which is probably what he was doing, as Commissioner Plummer
stated, but to other people he didn't tell that to. To other people, he was
telling people that he was there to make sure you were going into the
neighborhood, so your argument is very well taken on that point, so it was a
very..s that he was only allowing people to drive through that neighborhood if
they were going into that neighborhood, you know, to visit someone, and even
asking for I.D.'s so it was quite restrictive, the approach that was used.
Mr. Parnes: He just told me it was a deterrent. I took for granted it was a
traffic deterrent, because of what was going on. I did not know about the
purse snatching. I feel that no individuals should be denied access to these
streets, or any other street in this City, which would foster isolation and
segregation of these communities, and I don't think we need that now. I think
we need to open up this City, that everybody should be allowed to go
everywhere, they are taxpayers, they are citizens, as long as they don't break
the law.
Mr. Plummer: Doctor, do you...
Mr. Parnes: And there are a lot of places here, a lot of people who would go
through your community, have no reason to break the law.
Mr. Plummer: Doctor, do you know the preferential treatment that these people
are asking? They are asking that their residential neighborhood stay
residential. Streets in that neighborhood were designed under normal
circumstances for residential traffic, which by standards say 400 to 500 cars
a day, That is a residential street. The last time that Metropolitan Dade
County Traffic and Transportation put a counter at the corner of Tigertail and
198 July 24, 1986
Halissee, in a 24 hour period, there were three cars shy of 3,0001 Now, all
"We
these people are legitimately asking of this Commission, is have a
x
residence, and we want to keep it that way. We don't want to be a freeway,
1
and we don't want to be a thoroughfare. You built our streets as residential.
I don't think
We are asking this Commission to keep them residential," and
i
that request is out of line. Now, let me correct another statement you made.
the first
This is not the first group who has asked for this, and it is not
This
group that has been favored. Bay Point has been that way for years.
in Belle
Commission just recently passed and allowed the same thing to exist
Bird Road, and
Meade. The City of Coral Gables has allowed it to happen on
its citizens, to keep residential streets
that is because of the safety of
residential, and that is all they are asking, and I don't think that is out of
line.
Mr. Parnes: Sir, I don't either, but I do remember a couple of months ago,
when there was the post office thing that came by, and I do remember your
reply, which said to the residents of that area that eventually they were
going to be overrun and built on, and..
Mr. Plummer: That was simply because they adjoined commercial property, sir,
OK? It adjoined commercial property. I don't feel what these people are
asking is preferential. I think it is a very reasonable request of this
Commission to keep their residential area residential. That is not
preferential.
Mr. Parnes: I respect you very highly, but I would like to ask the... whether
or not there is any conflict of interest, because of the fact that you live in
the area, in voting.
Mr. Plummer: Sir, I don't feel that there is a conflict. My children are
involved. Rosario Kennedy's children are involved, and let me state for the
record, very clearly sir, that neither one of us brought this matter before
the Commission - neither one of us, sir.
Mr. Parnes: Thanks for hearing me out.
Mayor Suarez: Sir.
Mr. Roger Friedbauer: My name is Roger Friedbauer, and I live on Micanopy.
x,
First, Jim Kenney could not stay, he had to leave. He wrote a letter to you,
Mr. Mayor, in which he advises that an additional nine people signed the
letter that he has already submitted to all of the residents. Just an excerpt
from this letter that I will read. It says the only fair interpretation of
the informal ballot is that only 11 percent were in favor of erection of the
traffic control barricades, and 89 percent were opposed.
--
-
Mayor Suarez: Opposed to barricades.
Mr. Friedbauer: Were opposed to barricades.
Mr. Plummer: That was the original proposal on Tigertail.
--�
Mr. Friedbauer: The original... he was talking about the original proposal,
Commissioner.
Mr. Plummer: Yes, I think we are off of four.
-
q
Mayor Suarez: Where is Jim living at? Is he still...?
Mr. Friedbauer: Jim is living on 17th... the corner of 17th and Micanopy.
Mayor Suarez: He is still there?
Mr. Friedbauer: He is still there?
-
Mr. Plummer: That is the house that is up for sale.
Mr. Friedbauer: No, it is not. The one across the street is for sale.
Mayor Suarez: And Jim Apthorp's is for sale.
Mr. Plummer: Jim Apthorp's house is up for sale.
199 July 24, 1986
. Friedbauer: No, Jim Kenney, I am talking about.
iyor Suarez: Jim is still there?
. Friedbauer: Yes.
iyor Suarez: Kenney is still there, Apthorp is selling. Go ahead.
r. Friedbauer: Right, OK. I think that if you will look at the results of
he survey, you will find that approximately 50 percent of people were either
or doing nothing, or for just putting up stop signs. In other words,
ption...
r. Plummer: He is adding two options there.
r. Friedbauer: That is right. 22 percent were for doing nothing, and 28
,ercent were for doing stop signs. Commissioner, I think you misread, and you
lon't really understand the residents, and that is a personal opinion. A lot
if people feel that the remedies are a whole lot worse than the problems.
'here is a group of people that feel that we have decided to live close in to
[iami. It has its advantages, and that it also has its disadvantages, and
:ertainly, the Dranconian measures of erecting a whole bunch of barricades and
;oing to a maze to get to your house, most people felt, was far worse than the
traffic we have.
ir. Plummer: That is the opinion of the people on Micanopy.
Mr. Odio: No, I live on Micanopy.
Mr. Friedbauer: Now, there are a 100 people who signed Jim Kenney's letter,
and copies of which were given to you, and I don't know why Micanopy is any
worse than any other street there, so certainly I think it is fair to say that
five and six went together, but it is not accurate to forget that six
presupposes that there is going to be a guard gate paid for, and if you
actually look at the drawings, it shows a guard gate there.
Mr. Plummer: On six?
Mr. Friedbauer: Yes, indeed it does. Take a look, and so six was predicated
not just on closing off Alatka, and having one way on Halissee and stop signs,
it was also predicated upon having a guard gate at the entrance to the Bay
Heights residence. Thank you. Thank you, Mr. Mayor.
Mayor Suarez: Yes, sir.
Mr. Cather: I'd like to comment and clarify the record that option six,
although it is principally the stop signs, the difference between option five
and option six is the barrier on Alatka, and also included in that was the
proposition that Bay Heights would proceed with their installation of a guard
gate at Samana, which was not up to us to decide.
Mr. Plummer: Well, but you are also looking at option six, that there are
absolutely no stop signs in Bay Heights.
Mr. Cather: That is right. With their guard gate, they don't need them.
Mr. Plummer: OK.
Mr. Victor Griley: Mr. Mayor, my name is Victor Griley, I live on the corner
of Hilola and Noc-a-tee, which is probably the most heavily traveled, one of
the most, at least, heavily traveled intersections in the area.
Now, my
feeling is, and the feeling of a lot of us is, that we are for option five,
for the stop signs. It is not so much the number of cars that causes trouble,
but it is the speed with which they travel. Cars coming off of 17th Avenue
onto Noc-a-tee accelerate... some of them have to be going at least 50 miles
an hour by the time they get to Hilola. By the time they get to Alatka, they
have to slam on their brakes about a half a block before they get to Alatka,
to keep from running into the Bay Heights wall. Now, the doctor that spoke
here before, was... he doesn't like to have more easily accessed to
getting out of Coconut Grove area by coming through Natoma Manors, and I
sympathize with him. I sympathize with all of those people, but slowing down
200 July 24, 1986
0 i
of traffic with the stop signs is going to deter a lot of people from the
area, and they are going to seek other routes to get to U. S.1, or to get to
South Bayshore Drive, to get past that bottleneck, the two lane part of South
Bayshore Drive, so therefore, I think that the simplest thing to do is to put
the four way stop signs in, or three way stops, whichever the streets call
for, and then, we have quite a bit of...
Mayor Suarez: Is that option five, what you are saying?
Mr. Griley: That is option five, yes, sir. We have quite a few patrol cars
going through the area. If they see these people failing to stop, they are
going to nab them, and the message is going get around to where they are going
to start to obey these stop signs. Now, I don't have any small children home
now, but directly across the street are two small children. On the other
corner from me, there are several children. The opposite corner, kitty-corner
through the block, there is four children. Within a block, there must be at
least 50 or 60 small children in that area, so when these kids get out in the
street, and a fast car is coming, they just haven't got a prayer, so I think
the simplest thing is to..
Mayor Suarez: Can you summarize, because we haven't even started our Planning
& Zoning agenda tonight.
Mr. Griley: I think the stop signs are the easiest way out and the best way
out. Thank you very much.
Mrs. Kennedy: Don, let me ask you something. We've had papers in front of us
since 9:00 o'clock for the last 12 hours, and the stop signs are looking like
flies to me at this point of the night. Do you have the same number of stop
signs an option five as you do on six?
Mr. Cather: No. There are no stop signs in Bay Heights.
Mrs. Kennedy: I mean, not on... not on six.
Mr. Cather: They are in option five.
Mrs. Kennedy: Yes, five as .... six, OK.
Mr. Cather: Every corner in Bay Heights.
Dr. Lieber: I am Dr. Lieber, I live in Bay Heights, just a short drive south,
and Tigertail, and of course, I think what we are all talking about is the
people that are trying to make highways out of the streets in Natoma, in Bay
Heights. I think the ideas of barricades have been suggested, and item one,
they are dangerous, they are difficult to do, they are expensive, and having
guards at the local resident's expense is just about impossible. We are
talking about a ninety - day trial, and it seems to me that the stop signs are
the least disruptive, probably the most useful and the most easily taken away,
if they are no good. It seems to be that we try the stop signs with no other
major alterations in the traffic flow, and then the police can tell us what we
have got.
Mayor Suarez: If we change our minds, it's easiest to be back on option five.
Mrs. Jacklyn Rose: I am Jacklyn Rose, I live at 2000 South Bayshore Drive in
L'Hermitage. Every morning I get up, and I take a walk, and I see the traffic
lined up on Bayshore. The light that is by the entrance to the private
school, Ransom -Everglades, I have called a half a dozen times. It constantly
goes on without anyone pushing a button, and holds up the traffic. Whenever I
call, they say, "We will check it out," and three or four times a day I go by
there and I see its stopped and it holds up traffic. The only reason people
are going up Bayshore and going into that community is because traffic moves
so slowly on Bayshore certain times of the day. If there is enough
right-of-way to make four lanes, if you would do that, you wouldn't have to do
all of those other things and you would get the traffic and...
Mayor Suarez: We are not considering that today.
Mrs. Rose: Well, you might consider looking into it.
(INAUDIBLE BACKGROUND COMMENTS)
201
July 24, 1986
-ArKi.
v
Mayor Suarez: Maybe never, right I
Mrs. Nancy Benwiash: I am Nancy Benwiash...
w;
F .
�. "
Mayor Suarez: I don't mean to cut you off , but that particular item is not
before us today.
Mrs. Benwiash: ... President of Bay Heights Association. I'd like to thank
you, the Commissioners, Police Department and Mr. Odio for securing our area
there has only
after the rash of crimes that we have suffered. Thanks to you,
it was the beginning of April,
been one mugging since I came to you, I think
been known, andthe od manner.
tfors nCitytofn
so your presence has erover
like to suggest, that in d r the Miamgo o
in
would
$10,000 by not putting up the barriers, that we go with the stop signs
if they feel like that would
_,.
Natoma Manor. That is what they would like, and
e stared out
told
tdo
slow down the traffic, it was not
findboutr thesto tions �ughatwstophenw signs
in trying to P
all these plans
deter the traffic, or people passing through for crime, but we are willing to
that the
�.
go ahead and try that. The other thing I would also like to agree
four lanes, at least three
widening of Bayshore is the key. If it is not
to bring a petition to the State of Florida, I think we
lanes, and if we have
do that, because it is going to only get worse before it gets better,
lot
should of
with Monty Trainer building his $15,000,000 shopping center, and a
The
"+
other things going on down there, that it is only going to get worse.
is that I spoke with
g
other thing I would like to say, though, in conclusion,
institute call in home stations in Bay
Chief Dickson, and they are willing to
the would nt
Hstly eo
Heights, whereby police
time in Bay ghts In other words, they wouldycallays in
be stationed at some
the office by going to different homes
reports into in Bay
their we
"
police
Heights. As of right now, since we have had the police, we have called,
of thing to the
4 '>
have offered our homes, our coffee, and all this type
home in Bay Heights and looking out after
policemen, and I think they feel at
are through, and so this is nothing new, and so we
'
us whenever they passing
be willing to do that and hopefully...
would
"
Mayor Suarez: The old coffee at home trick.
t
Mrs. Benwiash: That is rightl But, hopefully, without that, you know...
into a special
hopefully with that, I should say, we would not have to go
$700 a year, so,
taxing district through Dade Company, and have to pay over
this is something...
Mayor Suarez: You are about to summarize?
_
Mrs. Benwiash: End, so I would suggest that we go with the stop signs in
Natoma Manor.
Mayor Suarez: You did that already. Thank you.
Mr. Morry Marcus: My name is...
Mayor Suarez: You have two minutes, and in two minutes, and that is it.
Mr. Marcus: My name is Morry Marcus, I live in Bay Heights, and I would
signs, but I
suggest that we do co mbine... five is correct, with the stop
tit, especiallyShore Drive
=_
think we shouldhave putStop
tan o out think that there
where they expressways
be...
Mayor Suarez: Is that included in any of the options?
Mr. Marcus: No, they have...
Mayor Suarez: Could you bring that back as an additional...
Mr. Plummer: It is included in six, but six also has the barricades.
Mr. Marcus: They have that, they have...
--
Mayor Suarez: Supposing we did five, and then later wanted to reconsider
_
that. We could bring that as an additional item later, couldn't you?
202 July 24v 1986
Mr. Marcus: I don't think you... on number five has stop signs all in Natoma.
Mayor Suarez: Right.
Mr. Marcus: I am saying...
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Marcus: In Bay Heights, but to have more stop signs on Shore Drive East,
where there is the big problem.
Mayor Suarez: But, that one does not exclude the other if we want to later
add additional stop signs.
Mr. Marcus: At that particular time, but I think you should have more stop
signs in Bay Heights.
Mayor Suarez: I understand. I understand that you're proposing that for now.
Mr. Marcus: Thank you.
Mayor Suarez: Sir, quickly, two minutes. We are going to try to do a couple
of Planning and Zoning items, and...
Mr. Friedbauer: This is less than one minute.
Mayor Suarez: I have got one Commissioner who is threatening to leave by 9:15
p.m., and the rest of us are going to die by 9:15 p.m. Go ahead.
Mr. Friedbauer: I would suggest the individual who mentioned having police
stop by in their home and have coffee, there are some enterprising young
people who live in this City who will be policemen in stopping by your home
for coffee and other things too.
Mr. Plummer: You are right.
Mayor Suarez: Absolutely.
Mrs. Kennedy: What did he say?
Mr. Odio: I don't what he said.
Absolutely.
Mrs. Kennedy: What did he say?
Mr. Odio: I don't what he said.
Mayor Suarez: OK, I am going to... knowing that two Commissioners live in the
area, it is going to be a little tough for them.
Unidentified Speaker: OK, one last word, I have given Commissioner Plummer a
copy of a current number five, and number five does have stop streets
scattered all through Bay Heights, which is what the gentlemen has been
pleading for.
Mayor Suarez: Yes, I am just going to move the implementation of option for
the next 90 days, and we will accept further reports.
Mrs. Kennedy: Second.
Mr. Plummer: Mr. Manager, I want your assurances of two things.
Mr. Odio: Mine?
Mr. Plummer: Yes, sir. First of all, I asked you to inquire, you, or Mr.
Cather• about getting an additional allotment of time on the 17th Avenue and
Dixie Highway traffic light in the mornings and afternoons. I want to tell
you that I stayed there the other day, and I watched in the morning and north
bound on 17th Avenue, you cannot get more than three cars through the
intersection.
203 July 24, 1986
c,r
Mrs. Kennedy: That's right.
F�
N,,
Mr. Plummer: Now, second of all, Mr. Manager, do I have your assurances that
kz. -
if option five is put into place, it is not worth a damn without enforcement.
Mr. Odio: Yes, that is the problem.
�{
4
Mr. Plummer: Mr. Manager, are you assuring us, sir, that you are going to
dedicate special enforcement to that area?
Mr. Odio: What do I tell the Mothers Against Drug Driving?
Mr. Plummer: You tell them that there are no drunks in there, and they are
going to definitely have a problem.
Mr. Odio: I am replying to you ....on the same thing.
Mayor Suarez: And to the extent that there are any, you are going to pick
them all up.
Mr. Odio: I get mad, maybel
Mr. Plummer: Well, I am saying Mr. Manager, that this option is not going to
see to
be worth anything, unless it is enforcement, and I hoping that you will
to in
it, sir, that proper enforcement is put in there especially seven nine
the morning, and four to six in the afternoon.
Mr. Odio: Are we giving priority to this or the drugs and...
Mr. Plummer: Mr. Cather, I think that there is one thing that nobody will
I think that
find controversial, and this is... I had to scratch a long time.
intersection along Bayshore and 17th,
h
we would all appreciate that at every
stating "for local traffic," OK? That is not an
that a sign be erected,
writing to say to the
aYou request
enforceable violation of the law, f rt
people, these are local streets local traffics. not
have objection to putting a sign there
¢� R'.' $_
ticket on that, but does anyone here an
for local traffic?"
that says, "these are local streets
:-
Mr. Odio: For local?
4
Mayor Suarez: It is not going to be enforced, don't worry about. It will
from becoming
just discourage a number le, and it will keep it
P P of eo
-
thoroughfares through there.
-
Mr. Dawkins: Is local Miami or ?
Mr. Plummer: Well, Key Westers are allowed, because if not, I will have to
sell my house. Call the roll.
Mayor Suarez: Call the roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 86-641
—
A MOTION OF THE CITY COMMISSION DIRECTING THE
ADMINISTRATION TO IMPLEMENT PROPOSED OPTION 5, AS MORE
FULLY DISCUSSED BEFORE THE COMMISSION ON THIS DATE, IN
—
CONNECTION WITH THE BAY HEIGHTS AND NATOMA MANOR TRAFFIC
FLOW MODIFICATIONS; FURTHER STIPULATING SAID MODIFICATIONS
-
ARE TO BE TRIED OUT FOR 90 DAYS, AND ARE THEN TO COME BACK
--
BEFORE THE CITY COMMISSION FOR REVIEW; FURTHER STIPULATING
-
AS FOLLOWS:
1) THAT INQUIRIES BE MADE TO GET AN ADDITIONAL ALLOTMENT
—
OF TIME ON THE 17TH AVENUE AND DIXIE HIGHWAY TRAFFIC LIGHT
IN THE MORNINGS AND IN THE AFTERNOON.
=
2) THE ADMINISTRATION IS TO SEE THAT THESE MODIFICATIONS
ARE ENFORCED; AND
3) THAT A SIGN BE PLACED AT EVERY INTERSECTION ALONG
BAYSHORE AND 17TH AVENUE THAT READS "FOR LOCAL TRAFFIC%
204 July 24, 1986
h;
a'a
`
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
4
AYES: Commissioner J. L. Plummer, Jr.
T{:
>; x
Commissioner Rosario Kennedy
yVice
-Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
y
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Plummer: We will see you all... now this is automatic review in 90 days.
Mayor Suarez: Ninety days.
`
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: I am going to miss that meeting.
Y
Mr. Plummer: After implementation is correct.
'.
'
59 A -ORDINANCE TO BE DRAFTED TO PROHIBIT ANY FUTURE CONSTRUCTION OF CLUSTER
HOUSES.
B-FUTURE ZONING MAILINGS MUST BE "REGISTERED MAIL/RETURN RECEIPT REQUESTED"
Mayor Suarez: OK, let's take up item 69 quickly. You are not asking for any
y
.
,..
action today, are you?
Mr. Walter Pierce: Yes, you are.
Mr. Plummer: Which action?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Item 69. We are about to lose a quorum pretty quickly, so
let's go through it.
Mr. Manuel Iturriaga: OK, it will be brief. Mayor, Vice -Mayor,
Commissioners, my name is Manuel Iturriaga, I live on 3312 S.W. 23rd Street.
We have got right here about 24, 25, people on that street, concerned
citizens. Will you please stand up and be counted? OK, some of them had to
leave, you know how late it is.
Mayor Suarez: What is the zoning problem?
Mr. Iturriaga: OK...
Mayor Suarez: We see there is enough people.
Mr. Iturriaga: OK, what we are going to request from the Commission is to
revoke the permit given to the developer, and by the Planning Department
to build a cluster of nine homes at 3250-3266 S.W. 23rd Street on three lots
of 60 by 150 feet. The developer plans to...
Mr. Plummer: According to what I am being told, they are going to build, or
propose to build, nine homes on two lots that previously would have allowed
four.
Mr. Iturriaga: No, they have got three lots, sir, and they have got...
Mr. Plummer: So they could have built six.
Mr. Iturriaga: Right, now, developer plans...
Mr. plummets Three duplexes.
205 July 24, 1906
rt _
M
Mr. Iturriaga: The developer plans to build nine units, some are three
bedrooms and three bathrooms, with an unrealistic parking space of 1.5 per
unit.
Mr. Plummer: Has the building permit been issued?
Mr. Iturriaga: Since the area is zoned for single family homes, and duplexes,
we sincerely believe that this development will break the harmony of the whole
neighborhood, overcrowding the area, and definitely causing parking
nightmares.
Mayor Suarez: Let me just check one point. What legal authority, if any,
does the Commission have to deny what has already been granted by the
Administration, the Class C special permit?
Mr. Pierce: None.
Mr. Plummer: What do you mean, none?
Mayor Suarez: None? None, like, no way?
Mr. Pierce: No way.
Mr. Plummer: The building permit has not been issued, we issue an immediate
moratorium today.
Mr. Pierce: Mr. Plummer, with all due respect, sir, the issuance of the
building permit, once all requirements of the zoning ordinance, the South
Florida Building Code, etc., are met, the issuance of that permit then becomes
a ministerial function.
Mr. Plummer: I understand that, but what happens if we throw a moratorium on
it today?
Mr. Pierce: If you are sued, you will probably lose. I am not the attorney,
the City Attorney should address that issue, but I believe I am correct.
Mrs. Dougherty: He is right.
Mr. Plummer: What?
Mrs. Dougherty: He is right.
Mr. Plummer: What about for public health and safety?
Mrs. Dougherty: He meets all the codes.
Mr. Pierce: The record... in the issuance of the permit, would indicate that
there are no problems with the public, with the protection of the public
health, welfare and safety.
Mr. Plummer: How long do we tie them up in court?
Mayor Suarez: Do you have any other creative solutions, if that one doesn't
work?
Mr. Plummer: How long do we tie them up in court?
Mrs. Dougherty: They have responses.
Mr. Pierce: Mr. Plummer, may I speak for a second?
Mayor Suarez: Walter, yes, we are hoping that you have some creative solution
to this problem, if there is any.
Mr. Pierce: Quite frankly, I don't, because there isn't any. The problem
here is, we had a developer who came in and asked for a cluster project in an
RG-1 district. He met all of the requirements. Staff even took the extra step
of notifying, through courtesy notices, which was not required; there were
some people in the neighborhood, some of the residents out there will say they
did not get the notice of the issuance of the permit until it was too late to
appeal it. We have some contrary information to that, which would indicate
206
July 249 1986
f�
Y-
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that there were at least three days left for an appeal to be filed. They did
notifying them, and the
not file the appeal. We did take that extra step of
proposed project meets all the requirements of ordinance 9500.
a
Mr. Plummer: Did the Department recommend it?
rA
Mr. Pierce: The Department, as a matter of fact, rejected it on several
occasions, and sought improvements to the plan.
Mr. Plummer: Did they eventually recommend it?
{
Mayor Suarez: They finally recommended it.
Mr. Pierce: They finally approved it and issued the Class C permit.
Mr. Plummer: That is a hell of a thing to cast upon a neighborhood!
Mr. Pierce: Well, let me just say for the record that we recognize for
lack of
sometime, since ordinance 9500 was put into effect, that there was a
notifying the
notice provision in there, and that is why that extra step of
did like the project, had any objections
people was there, so that if they not
they would have an opportunity to appeal that. In this instance,
whatsoever,
for whatever reasons, I don't know what they are, no appeal was made.
"
Mayor Suarez: You mean, appeal to this Commission?
Mr. Pierce: The appeal would have gone to the Zoning Board.
Mr. Plummer: Hey, Walter, we can speak right now, legally, to the future, OK?
PUD developments
And I am ready to make a motion right now that all cluster or
That's legal, but that
have to come before this Commission. perfect
doesn't...
Mr. Pierce: Mr. Plummer, I've got a better idea than that.
>fi
4
Mr. Plummer: What is that? Eliminate them.
f
`
Mr. Pierce: That they don't be approved unless by special exception, which
requires public hearings.
Mr. Plummer: No, no, no. I have no problem with eliminating them.
�t �r
Mr. Pierce: No, Commissioner Plummer, and then if anyone disagrees with
s
whatever action that the Zoning Board takes on the special exception, it can
be appealed to the Commission. I don't think it is wise...
Mr. Plummer: But, if they don't get notice about that, that they...
--
Mrs. Dougherty: Yes, they do, 350 feet.
=
Mr. Pierce: Yes, they dol Absolutely.
Mr. Plummer: What can we do to help these people?
Mr. Pierce: Nothing, quite frankly.
Mr. Dawkins: How many lots are involved?
Mr. Pierce: The developer has a total of three lots, each lot being 50 by 150
--
feet.
Mr. Dawkins: And these then are in a R-2 zone?
Mr. Pierce: Yes, if I may for a second...
Mayor Suarez: Are there any restrictions that we could now impose legally
that would discourage whatever it is he is planning to build there? No?
Mr, Pierce: No.
Mayor Suarez: You are not being creative enough.
207 July 24. 1986
Mrs. Kennedy: And he said that if they decided to take legal action, that we
would lose.
Mr. Pierce: I would ask the City Attorney to address that, but my feeling is
that the only action that they can take that I don't believe it we would be
successful, would be an appeal directly to the courts.
Mrs. Dougherty: That's the action they can take.
Mr. Plummer: You can file for an injunction?
Mrs. Dougherty: Yes.
Mr. Dawkins: Well, you know, I...
Mr. Plummer: Well, you know, what standing do they have in court, when our
Department, our professionals, recommended it?
Mr. Dawkins: None. That is what they are telling you, there is none.
Mr. Pierce: We didn't recommend it, we approved itl
Mayor Suarez: It is an administrative decision.
Mr. Pierce: That is stronger.
Mr. Iturriaga: But, you see, we felt that we were denied the right of
appealing, because like he says, the date that it was approved, was June llth.
It was on June 16th, mailed on June 23rd, when it was a couple of days
due to expire, and all Commissioners have a copy of those.
Mr. Plummer: Well, let's ask a question. Madam City Attorney, there is a
problem with the mailing. Is that a basis for this Commission to act on and
do anything?
Mrs. Dougherty: The answer is no, there is no requirement to a mail notice to
them.
Mr. Dawkins: OK, I've got a question just for information. Of those
individuals who approved this, if this had been in your neighborhood, would
you have approved it?
Mr. Odio: Answer the question.
Mr. Rodriguez: Sure.
Mr. Dawkins: Why?
Mr. Rodriguez: Because this meets all of the requirements of the ordinance
and exceeds the kind of development that you would have otherwise.
Mr. Dawkins: To put nine units of housing on what is zoned for six units, is
acceptable?
Mr. Pierce: Under the provisions of ordinance 9500. yes, sir.
Mr. Odio: That is why we need to change that 9500.
Mr. Pierce: Mr. Vice —Mayor, remember that when you go to the cluster, that
you really are no longer dealing with the concept of lot lines, as you would
know it in your neighborhood and my neighborhood. That kind of project is
applicable only when you have lots in common ownership which exceeds the
minimum requirements of an area, which is clearly the case.
Mr. Dawkins: What do I have to do to repeal 9500? Now, this isn't my first
time to say that, either.
Mr. Odio: We had a meeting last week.
recommendations,
Mr. Dawkins: See, that is my probleml
9500. How do we discard it?
We are in the process of making
Every time I look, you are amending
208
July 24, 1986
Mr. Pierce: Mr. Vice -Mayor, we fully intend to make serious improvements in
that ordinance. If you repeal 9500, you will have no protection for anyone.
$,
Mr. Dawkins: What did we have before you gave me 9500?
4 ,
Mr. Pierce: 6871.
Mr. Dawkins: Give me that back. OK? Give me that back, and let me amend
time I look, I have
that. Why do I have to continue to amend 9500 when every
I dissatisfied, and the guy who
citizens down here who are dissatisfied. am
<=
wrote the damn thing lives in Gainesville.
Mayor Suarez: If it contains a...
Mr. Dawkins: He don't know nothing about this areal
Fs
s
If they can go back to their old classifications, I'd love
4
Mayor Suarez:
tR
"
that)
Mr. Pierce: Mr. Dawkins, let me be a smart mouth, for just one moment, but
to oy that five years
�5
let me say, and I hate to dothis, butIam goinw g h that
And I'll go public
ago, I said, I told you sot
u
+ vt
I not a Commissioner. I was not a Commissioner then, so
Mr. Dawkins: was
that don't help me any.
Mr. Pierce: I know you weren't. I don't like the ordinance.
Mr. Plummer: I want to remind you that this Commission don't like big mouths,
,ry
either l
Mr. Dawkins: That is why Howard Gary is not here. Watch - catch up with himl
Mr. Plummer: Big mouths happen to be ex -employees.
Mayor Suarez: If you revise 9500, please go back to the old classifications.
They were nice, straight forward, simple classifications, too.
Mr. Pierce: Just for your information, the Manager was correct. Last week,
to read input from
7a t'
we had held the first of the sessions, where we started
involved with this ordinance. We cannot rush out and o a
.,
individuals who are
fast change, because there is a big danger there. Mr. Dawkins.
-
Mr. Dawkins: Well, why can't you just junk 9500 and go back to the 68,
-
whatever it was, and make the amendments to it.
-�
Mr. Pierce: Because it will not comply with State required comprehensive plan
-=
that this Commission has adopted.
--
Mr. Dawkins: Well, OK, why can't we just take the State comprehensive plan
-
and we amend that to our liking?
Mr. Pierce: It is not that simple.
Mrs. Kennedy: What is the procedure that we need to take?
-
Mr. Dawkins: What, Mr. Piece?
=- -
Mayor Suarez: You know, I think we are all telling you we want a
comprehensive change in 9500.
Mrs. Dougherty: J. L., as a fast solution to this particular problem, his
so
_
solution is right, to make allClassCspecial
hearingspermits
Zoning for everybodyxcandiif,the
—��
they have to be to the , public
-
neighbors don't like it, they come here.
- -- -
Mr. Pierce: What we are saying is, we are doing it . We are saying that we
is the desire of the
just can't do it in the next week or so, which
I agree with that, but it just can't be done that fast,
Commission, and
Mayor Suarez: Just don't do it in the next year, either,
2Q9 July 24, 1986
0
Mr. Pierce: No, our goal is to complete this rewriting in the next four to
six months.
K
Mr. Odio: Yes, sir.
Mr. Pierce :....and make substantial....
Mr. Dawkins: How much did we give the consultant from Gainesville to write
95007
cw
Mayor Suarez: $100,000, I think it was.
Mr. Odio: Too much.
Mayor Suarez: No, it wasn't $100.000? How much?
Mr. Pierce: You don't want to know.
Mayor Suarez: More than that?
Mr. Plummer: $340,000.
c
Mayor Suarez: Wowlll
t-
t
Mr. Pierce: No, I think it exceeds $400.000.
Mr. Dawkins: $400,000? Yee hoot
Mayor Suarez: Can we do anything at all about this matter?...
z L
Mr. Odio: I cannot say too much.
>
Mayor Suarez: ... other than suggest the possibility of a lawsuit, and try
1'
luck in court. Lack of due process would be the argument.
your
x k
Pierce: There is nothing that can be done at this time.
Mr.
Mr. Dawkins: I wouldn't suggest - they are going to lose. The City Attorney
says they are going to lose, so now why should we suggest that they spend
money foolishly going... I mean, not foolishly, but...
Mayor Suarez: If they feel they were denied due process, then they could come
to some sort of settlement with the developer.
Mrs. Kennedy: But, the City Attorney said that they can't win.
Mayor Suarez: They won't win.
Mr. Dawkins: Yes, they can go, but I wouldn't want to be the one to suggest
that they go to court and hire a lawyer and all.
Mayor Suarez: For the future, is the Commission disposed to now resolve this
particular problem for the future? You had almost a motion, Commissoner
Plummer, before.
Mr. Plummer: As far as I am concerned, a Class A permit will require...
Mr. Pierce: Class C.
Mr. Plummer: What? Class C permit will require appearance before this
Commission, then I make a motion that in the future...
Mr. Pierce: Mr. Plummer, let us suggest that we come back to you at the
earliest possible...
Mayor Suarez: I think we want to do it now, Walter.
Mr. Plummer: Moo no, we are going to do it now. The way you guys goof off...
Mr. Pierce: Mr. Plummer, you cannot do it now. There is no such thing as an
emergency ordinance in zoning. You cannot do it now.
210 July 24, 190
`+r�..,
Mr. Plummer: I can put an emergency moratorium on right now, that no more be
I can a
issued. No, no, any ones that are not presently before us, put
4
moratorium on.
Mrs. Dougherty: You can't do it.
s�
Mr. Plummer: Yes.
Mrs. Kennedy: He can do that.
Mr. Plummer: I offer a moratorium be placed, an absolute moratorium be placed
right now on all cluster houses and PUD's.
Mrs. Kennedy: If that is your motion, I second it.
Mr. Dawkins: Madam City Attorney...
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Under discussion, Madam City Attorney, before I vote with my
good friend, are we legally correct?
u{ 1
Mrs. Dougherty: My assistant just reminded me of the case of Sanibel, which
as the
{
requires that all moratorium ordinances also follow the same procedure
Planning Board hearing, and
zoning ordinance, which takes two readings, and
all.
Mayor Suarez: If I were you guys...
Mr. Dawkins: What does that say? What does that say?
Mrs. Dougherty: You must have a public hearing before the Planning Board, you
the City Commission,
have to have two public hearings and two readings before
before you can impose
4 .k
Mayor Suarez: We will do it however we have to do it, but in the meantime...
or r
Mr. Dawkins: All right now...
Mayor Suarez: You get the consensus of this Commission, and administratively,
you had better figure out a way to...
Mr. Dawkins: No... OK.
Mr. Pierce: We agree wholeheartedly with what we are hearing.
Mayor Suarez: Thank you.
Mr. Pierce: It is our intent that at the earliest meeting of the Planning
Advisory Board, they will have, for their consideration, such an amendment,
which will then come to you as fast as we can get it here.
Mr. Dawkins: No, no, no. You will amend 9500, that says, "there will be no
cluster housing nowhere." That's the way to amend 9500, OK?... no cluster
houses any place in a R-2 zone. Now, if you really want to correct what we
are doing now?
Mr. Plummer: Is that a motion?
Mr. Dawkins: Yes.
Mr. Plummer: So fine, second. That is a recommendation.
Mr. Pierce: Yes, air, we are going to get it back as fast as we can, and we
will...
_ Mr. Dawkins: OK, and the faster they can in 90 days.
Mr. Pierce: First reading in September.
Mr. Dawkins: OK, good.
211 July 24. 1986
t4
'
�s Mayor Suarez: OK.
Mr. Plummer: If it don't come back that way, we are going to beat you.
Mayor Suarez: Moved and seconded. I guess the initial motion was
substituted, accepted modification, or whatever. Anyhow, we have a motion and
a second. Call the roll on that one.
KThe following motion was introduced by Commissioner Dawkins, who moved
its adoption:
t MOTION NO. 86-642
A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
DRAFT AN ORDINANCE THAT WOULD AMEND ORDINANCE 9500 TO
PROHIBIT ANY FURTHER CONSTRUCTION OF CLUSTER HOUSING.
Upon being seconded by Commissioner Plummer, the motion 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
t
NOES: None.
�4
ABSENT: Commissioner Joe Carollo
3t `'
$�, = Mayor Suarez: I guess the idea is to not have them at all, or at least have a
procedure that is acceptable to this Commission, where you do have a right to
appeal automatically.
Mr. Pierce: It is duly note, we will be back in September.
ter, Mrs. Kennedy: Mr. Mayor..*
s Mayor Suarez: We cannot come up with any solution to this particular problem.
Mr. Iturriaga: If we would have appealed before the 15 days, but we didn't
have time, maybe they could have changed that then?
-� Mayor Suarez: No, not under the existing procedure, but...
Mr. Plummer: Appeal would have come to us.
Mayor Suarez: It would have come to us.
Mr. Iturriaga: And then we would have had a chance to...
— Mr. Plummer: Yes, here.
Mr. Iturriaga: Yes, but we didn't have that chance. The people that lived
right next to me, they received a letter right after, and we've got the
envelopes with the stamps of when they received that.
Mayor Suarez: Well, we are going to chance that in the future to give you
procedural safeguards, but in this case, you got courtesy letters and didn't
act on time.
Mr. Iturriaga: But, the courtesies arrived after the 15 days!
Mr. Dawkins: Correct me if I am wrong, Mr. Pierce. Correct me if I am wrong,
aren't you telling me, that even if he had appeared within the 15 days, this
—� application met all the requirements and could not be denied?
Mr. Plummer: No, it could still be appealed to us.
Mr. Pierce: We issue the permit, the Class C permit. If he had appealed on a
timely basis, we would have immediately have scheduled it for hearing by the
Zoning Board. If they were still dissatisfied with any action the Zoning
Board took, it would have been appealed to the City Commission. It was
appealable to the City Commission.
212 July 24, 1986
h
T
14=
t4 Y!
1
Mr. Plummer: But, what you are saying is, that the mailing is strictly
y:r
courtesy.
Mr. Pierce: Absolutely.
Mr. Plummer: There is no requirement.
i
Mr. Pierce: None.
Mr. Plummer: Well, let me tell you one of the things that we did and talked
about in the past, and maybe we need to talk about in the future, and that is,
that all the zoning applications must be sent by registered mail, and the cost
be born by the applicant.
Mr. Pierce: Mr. Plummer, that wouldn't have affected this.
Mr. Plummer: Maybe it would have. You could have established through the
mail the date and time that they were received I will make a motion at this
time that in the future, that all mailings, courtesy, or otherwise, be mailed
by registered mail, return receipt requested.
Mr. Dawkins: I second it.
`
Mr. Plummer: And such cost be born by the applicant, who is asking for the
deviation.
Mr. Dawkins: I second the motion, but I think all of the courtesy notices
should go through the mailing machine of the Plummer Funeral Home.
Mr. Plummer: That is fine. If you find a mail machine, there you do it, but
I ain't got one, so don't worry about it.
Mr. Dawkins: Second, I second it.
Mayor Suarez: Do you want to make this in the form of a recommendation that
they bring it back to us?
Mr. Plummer: I don't think we have to send that through the Zoning Board.
k,
Mr. Pierce: Well, the entire procedure is regulated for hearings.
Mayor Suarez: It is going to add a cost to the application. They are going
to have to calculate what it is.
-�
Mr. Perez-Lugones: Mr. Plummer, the notification procedure is part of the
�"—
City Code.
Mr. Plummer: So we will change it.
Mayor Suarez: So moved and seconded. Let's call the roll on that.
j
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-643
A MOTION OF THE CITY COMMISSION STIPULATING THAT, IN THE
FUTURE, ALL CITY OF MIAMI ZONING MAILINGS, WHETHER
COURTESY MAILINGS OR OTHERWISE, BE MAILED BY "REGISTERED
MAIL/RETURN RECEIPT REQUESTED;" FURTHER STIPULATING THAT
THE COST FOR SAID MAILINGS BE BORNE BY APPLICANT.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote-
213 July 24, 1986
r
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Suarez: We can't do anything more on your item.
Mr. Iturriaga: Well, I am sorry you can't, but we appreciate your trying, and
we feel better knowing at least we will be the last to be inconvenienced by
that law.
Mayor Suarez: Yes, it is going to be extremely hard for this to happen again,
if not impossible.
Mr. Iturriaga: All right, thank you very much.
60. DEFER PROPOSED ADOPTION OF "S.W. 27TH AVENUE STUDY UNTIL TRAFFIC STUDY IS
COMPLETED (WITHIN 90 DAYS)
Mayor Suarez: Planning and Zoning item 8, I think we have the most people on
that.
Mr. Dawkins: How many people in here on the 27th Avenue? Let's do that.
Mayor Suarez: Well, you are just going to report to us a compromise that was
reached, right? No compromise reached?
Mr. J. Moynahan: Well, Mr. Mayor, there seems to be a dispute about that, but
I want to say...
Mayor Suarez: Give us your name, just for the record.
Mr. Moynahan: J. Moynahan, 2699 South Bayshore. I am also here on PZ-2. I
am an owner of one, and my family is the other.
Mayor Suarez: Well, we are not going to let your argue two of them at a time,
so let's take the 27th Avenue, PZ-8.
Mr. Moynahan: Well, I just wanted to note that it is a part of... it is
effected by the 27th Avenue plan. I certainly do want you to hear...
Mayor Suarez: Oh, it is?
Mr. Moynahan: Yes. I do want you to hear 27th Avenue, but I would also like
you to hear ours, because it ties into our lease running out, and we need to
have it heard tonight, so...
Mayor Suarez: What do you want to do about the 27th Avenue study? Tell us
that, if it effects the other one anyhow.
Mr. Moynahan: Well, I am generally in favor of the plan as proposed by the
staff, and I will be glad to go into reasons, but I am sure you don't need to
hear them again.
Mayor Suarez: With what modifications, if any?
Mr. Moynahan: No modifications.
Mayor Suarez: Generally, OK, you are in favor of it.
Mr. Moynahan: Yes.
214
July 24. 1986
Mayor Suarez: Do you have anybody against, here? 27th Avenue plan, Ron do
you have any representation of a group of the opponents?
Mr. Ron Cole: We have of the Tigertail Association. My name is Ron
Cole, I live at 2542 Lincoln Avenue. Mr. Mayor and Commissioners, this is
from the Tigertail Association. Since our letter of June 22nd, 1986,
concerning the S.W. 27th Avenue study, the Planning Department conducted
another workshop on July 10, 1986. Because this was an afternoon session,
those attending showed a disproportionate number of commercial landowners,
compared with resident property owners in the Grove area. First, we would
like to commend Mr. Guillermo Olmedillo for his patient efforts to arrive at a
solution to meet this difficult problem, in which the Department is caught
between the desires of landowners who wish to have the zoning of their
properties changed, as to use and greater density, and the large body of
residents in the area who are convinced that such changes will effect
adversely the residential quality of life in Coconut Grove. I'd also like to
thank the Commission at this time, for initiating the process of the workshops
and we hope this will continue in the future. I'd also like to personally
applaud Mr. Plummer's philosophy in keeping residential areas residential. We
agree with you. The report of the results of the workshop meeting prepared by
the Planning Department, states that consensus was reached on various items,
but we suggest that it incorrectly includes in these items, the matter of land
use between Bird Avenue and Tigertail and Day Avenue. The position of the
Tigertail Association is as follows: Our organization is of the opinion that
from Bird Avenue to U.S. 1, the current RO-2.1/5, and CR-2/7 is adequate to
make development of under used land attractive, and that the proposed
increases in density are not necessary, however, the proposed changes do not
radically change the land use, and are tolerable. It is also our opinion,
number two, that the existing RG-1/3 on either side of Coconut Avenue permits
feasible and desirable redevelopment. The proposed rezoning is both
unnecessary and undesirable. However, should the Commission desire to approve
an increase in density, such rezoning should apply only to the north side of
Coconut Avenue. Three, Tigertail is adamantly opposed to the proposed changes
from Bird to Lincoln and Day, which would replace the present residential
character, with RO, that would also allow retail and service establishments.
There is existing zoning for commercial use near U.S. 1, and at Bird and S.W.
27th Avenues, which has not been utilized to the full. There is no public
need for additional such facilities between Bird and Lincoln and Day. Because
the ownerships of lots in this sector is in several hands and redevelopment of
many of the existing structures does not appear to be desirable, or
economically feasible now, even under the proposed zoning those lots that may
probably be redeveloped under revised zoning, would have narrow frontages and
resulting street facade would be a hodgepodge of commercial storefronts,
residential and office buildings, rather than the elegant City boulevard
envisioned by the Department. Such a boulevard could be achieved only if
large frontages were developed by a single developer as contiguous units. It
appears unlikely that this will happen. Moreover, there are approximately
twelve landowners with vacant lots, or rental units, and 27 condominium owners
in the Bird to Lincoln and Day sections. There are approximately 210 living
units in these buildings. Not all of the landowners are likely to use the
proposed land use change, except the attempt to sell their property for an
increased price. Their taxes will go up, as will those for the condominium
owners.
Mayor Suarez: Ron, let me ask you a question. What is to you and the
association the most objectionable single proposed change in the study. If
you could give me one of the changes that was most objectionable to you.
Mr. Cole: The overall threat to the residential of the neighborhood by the
proposed density and increase in intensity.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: That is what I thought, but I was looking for an area that the
change would effect most.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: 27th Avenue, U.S. 1 to South Bayshore. Anyone else on the
opponent side here?
215
July 24, 1986
4 it
Mr. Cole: We did have a few others, if I could finish the statement for the
group. In summary of that, we believe that the present RG-2/5 in that sector
should be retained, of just a couple of others. Number four, Tigertail
supports the cleanup and beautification of S.W. 27th Avenue, but not to the
standards that exist north of U.S. 1, and we believe that such improvements
will increase the residential desirability of the avenue, and desire to see
this residential character retained. We all believe something should be done
to improve this area. In order to achieve the high quality in buildings and
redevelopment along S.W. 27th Avenue, we support the idea of an S.P.I.
district to control the underlying zoning districts. The provisions of such
an S.P.I. district needs careful study, and details of it should not be
adopted at this stage. We urge you to support the desires of the majority,
the residents of the Grove, over those of the few landowners who wish to
profit at the expense of the majority. We also urge that a final decision on
the plan be withheld until the promised traffic study has been made and
analyzed. Thank you very much.
Mr. Rufus Devane: My name is Rufus Devane. I live at 3040 S.W. 27th Avenue.
I am the past president, and speaking for the Tree House Townhouse
Association, which is a small group of townhouses just south of Bird Avenue,
coming down in the area that we are discussing. We have some of our
citizens - my wife, my neighbors here this evening to echo the comments that
were just made by the Tigertail Association. We have been involved in
developing those things through people and friends that are members of the
association and would hardly give an agreement to it. I have one point to
make with regard to the density and this is our concern. The density brings
with it all the problems of cities
take under crime, in cons parking,
derat ion 1the rolems proposal sfor
our
that
community, and seriously, please
were made by the Tigertail Association. Thank you very much.
Mayor Suarez: I may as well state I am not voting for this thing until the
Tigertail Association favors it. I don't see any reason for it. Go ahead.
Dr. James Robertson: Mr. Mayor and Commissioners, I am Dr. James Robertson.
I am speaking in behalf of myself and my attorney, Jack Rice, Jr., who is out
of town, and I am the owner of three properties on 27th Avenue, from Shipping
southward down towards the bay. It is a little over 300 foot frontage there.
These are all two story residential apartments, of which there is a great
shortage. I have no wish or desire to redevelop this property at this time or
in the near future, because I feel Miami is vastly over built in office space,
and very much under built on residential space. I feel that these apartments
can be damaged very greatly by taking up this excessive widening, the 100 foot
widening of this street is going to take up parking spaces that are existing.
It will put them in a nonconformative use, as well as no place for the
dumpsters, and it is going to be a detriment to the existing living to have a
traffic stream right close to the bed that you are sleeping in. It is not
very pleasant to live in. I also remember that when they rezoned Brickell
Avenue from 15th to 25th Avenue, on the bay side, they allowed each owner to
keep his own zoning without taxing him for it, and I understand the intent
here is to do the whole thing at one time and charge everybody. Well, these
apartments are not making any money now and it is going to be very much of a
hardship, for myself and the others there to have a zoning that we can't use.
I am not objecting if somebody wants to do it and pay for their development
when they want to, but I am not prepared, and I prefer not to do it, and I
hope that you will please bear this in mind. Thank you.
Mrs. Joanne Holshouser: I am not sure whether I am supposed to register as a
lobbyist for this or not.
Mayor Suarez: If you are getting paid.
Mrs, Holshouser: I am not getting paid.
Mayor Suarez: That solves it.
Mrs. Holshouser: My name is Joanne Holshouser. I live at 30 Ingraham
forgotten
Highway, and I was asked by Michael Simonhoff, who lives, ... I'
the number, on Main Highway, just to express three points that he
would like considered. He said that as an architect, and a planner and a
resident of Coconut Grove, he would ask, please, that you wait until a
thorough, valid, objective traffic study of Coconut Grove, not just 27th
Avenue can be completed, that the changes in zoning, which effect the resident
216 July 24, 1986
area so massively, should be regarded as firm, and not be subject to later
enlargement by bonuses. The changing zoning should be enough, and the bonuses
shouldn't be awarded, and that the residential area should be protected by
strict regulations, and that he would suggest no density higher... no zoning
that would allow buildings higher than two stories touching the residential
area. Thank you very much.
Mayor Suarez: Thank you, Joanne.
Mayor Suarez: Jim McMaster. You are going to echo everything that was said,
right? Almost? We only want to hear the almost, then.
Mr. Jim McMaster: My name is Jim McMaster, I live 2940 S.W. 30th Court in
Coconut Grove, and I am president of the Coconut Grove Civic Club. When this
first went before the Planning Advisory Board, I supported it, because I
looked at the original study as it was drawn up and it contained many
desirable features, of which, if you look at the facing page I gave you,
which is number one, it's the front page of the original study, it says, "S.W.
27th Avenue, a gateway to Coconut Grove, a planning study and development and
traffic impacts." This study originally went along with a promised traffic
study. To make a long story short, we need a traffic study before we can go
along with any rezoning. As far as I am concerned, the plan now, without any
restrictions is the same as if every developer came along and got his
rezonings. Every developer who has to come has to have a traffic study. Why
does not this massive upzoning have to have one?
Mrs. Kennedy: I asked the planner about that, and his answer was that this
study had been going on for over two years.
Mr. McMaster: Well, my thing is that I think that they should complete it
before they go ahead with the zoning.
Mrs. Kennedy: I am just asking. I am new at this Commission, OK?
Mrs. McMaster: Yes, I realize it is in the works, but my attitude is, if we
do not get these things before this is approved by the Commission, after the
developers have their basic zoning, we have no leverage. It will just go
right ahead and go through.
Mr. Plummer: Well, let me ask a question, if I may. To the Department, how
long before the traffic study will be completed?
Mr. Guillermo Olmedillo: Well, the traffic study was to be funded by the
developers in one of the properties, that is before they went up before the
building permit. Now...
Mr. Pierce: Six to eight months, answer the question.
Mr. Plummer: I asked a question.
Mr. Olmedillo: Six to eight months.
Mayor Suarez: Are we ever going to get the traffic study completed?
Mr. Plummer: Isn't traffic...?
Mr. Olmedillo: Six to eight months, as you know...
Mr. Plummer: From now?
Mr. Olmedillo: From now.
Mayor Suarez: I move to defer this item until that traffic study is
completed.
Mr. Dawkins: Is there a second?
Mr. Plummer: I will second the motion for discussion.
Mr. Dawkins: Under discussion.
217
July 24, 1986
Mr. Plummer: Under discussion, I can't accept six to eight months, I just
can't accept it. You can do...
Mayor Suarez: Can we do better than that?
Mr. Plummer: Now, if you are telling me that you can get a traffic study done
in sixty days, which I know is possible, then I will go along with the
deferment, OK? But, I am not going to sit here and let you tell me no six to
eight months. Hell, I will build a city in six to eight months. I know how
you all operate, and that is the norm, but...
Mr. Rodriguez: Let me tell you why. We were going to get...
Mr. Plummer: No, tell me how you are going to do it in sixty days. I would
rather hear that.
Mayor Suarez: Ninety days...
Mr. Rodriguez: We got approved by the Off -Street Parking Authority. last
week, the money to pay for the traffic study, because the person who was going
to pay for it, he didn't... as a condition of the use of the alley, remember
the project that was called Grove Deco?
Mayor Suarez: Can you tell him to do it in ninety days, Sergio?
Mr. Rodriguez: We can try four months. I don't want to mislead anybody
thinking that we can do it, when we haven't even negotiated the final part of
the contract that will be started in September.
Mr. Plummer: You are telling me you haven't even negotiated the contract?
Mr. Rodriguez: Because we didn't have the money until it was approved by the
Off -Street Parking Authority.
Mr. Dawkins: What is the cost of the study?
Mr. Plummer: Good old red tape.
Mr. Rodriguez: I believe it was $65,000 maximum, and will include the study
of the whole Grove, specifically the infiltration into residential areas.
Mr. Plummer: Whoa, whose You just hit a point. Whoa. We are not asking for
a study of the whole Grove. We are asking for a study primarily of 27th
Avenue and the accessory..
Unidentified Speaker: The whole Grove.
Mr. Odio: The whole Grove.
Mr. Rodriguez: The instructions you gave me before.
Mr. Plummer: Sir, sir, I respect your right, and I didn't interrupt you, OK?
I'm saying that what we primarily, or what I am primarily interested in... let
me speak for me, OK, I think the traffic study is vital to these people who
live in that neighborhood. Now, you can do a whole traffic study of all of
Coconut Grove, and I will agree to that, but I think as it effects this which
we are speaking, the application before us at 27th Avenue, I would say that it
is reasonable, 27th Avenue from Dixie to Bayshore, from Tigertail, I guess,
because that is already built the other side, and go one or two blocks on each
side. That is what I think is important to this particular application. Yes,
I think a study of all of the Grove is necessary, but I don't think it is
necessary to this application.
Mrs. Kennedy: It's not for this.
Mr. Plummer: Can you this particular segment in 60 to 90 days?
Mr. Rodriguez: Let me answer something first. We had done, prior to this, a
study by the staff that would look into a solution for this area, and it was
rejected by the neighborhood at that time, because it didn't have the same
validity that if it was done by consultants who specialize in the area.
Because of that, I tried to find the funds that will have a study that will be
218 July 24, 1986
done independently by consultants that will look at the whole situation for
this area. When the money for the study fell through some time ago, then we
negotiated with the Off -Street Parking Authority for them to advance the
money, and it was approved last week, and I believe that if we come up with a
recommendation for a study done by the staff, it will be the same claim that
the study is not comprehensive enough, or doesn't take into account all the
considerations, and so on, and...
Mr. Plummer: Well, Mr. Mayor, I am sorry, I could not accept six to eight
months. I seconded your motion, but I just can't accept, that, I am sorry.
Now, if you tell me that you can do it in 90 days, I'll go along with the
deferment, but if you are telling me no, then I am telling you, no.
Mr. McMaster: Well, maybe I should finish, because I think there is a couple
other... I think that the study, basically is just... it is not complete yet.
It should be delayed not only for the traffic study, but in the original
study, I was quite pleased to see that 2.6... it says existing sewers...
Mr. Plummer: Excuse me. You are out of order. There is a motion on the floor
if you are speaking to the motion as it relates to the traffic study.
Mr. McMaster: No, I am not
Mr. Plummer: You are not, so you are out of order at this time, so let's
either address that, and resolve it, or don't) Now, once again, I am going to
ask the Department - can you do a traffic study within 90 days?
Mr. Dawkins: Of that area.
Mrs. Kennedy: Of the specific area.
Mr. Plummer: As it relates to this application presently before us.
Mr. Rodriguez: If it is done by the staff, yes.
Mr. Plummer: I didn't say who had to do it.
Mr. Rodriguez: But we are going to be facing the same problem we faced nine
months ago, that they rejected the study by the staff.
Mr. Plummer: Who rejected the study?
Mr. Rodriguez: The citizens of the area, because they felt...
Mr. Plummer: We are going to make the determination)
Mr. Rodriguez: Well, OK. We can do it in ninety days, by the staff.
Mr. Plummer: Fine, then I call the question on the motion.
Mr. Dawkins: Call the roll, Madam Clerk.
Mr. Plummer: I am assuming that is acceptable to my colleagues, that they
will accept the staff doing the study. Hell, we have been trying around here
forever to get people to do things in - house.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 86-644
A MOTION DEFERRING PROPOSED ADOPTION OF THE "S.W. 27TH
AVENUE STUDY" UNTIL A TRAFFIC STUDY, PRESENTLY BEING
CONDUCTED BY THE PLANNING DEPARTMENT, IS COMPLETED WITHIN
THE NEXT 90 DAYS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote-
219
July 24. 1986
- -- MN
;µ
�x
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:
Mr. Plummer: Predicated on the ninety day guarantee, I vote yes.
Mr. Dawkins: Saving money, yesl
61. SETTLEMENT: RANDY RANDALL, $220,000 (See label #44)
Mr. Dawkins: I move that we accept the recommendation of the City Attorney
when she said take $800,000 and give up the $200,000.
Mayor Suarez: Right.
Mrs. Dougherty: $220,000.
Mr. Dawkins: S220,000.
Mayor Suarez: So moved.
Mrs. Dougherty: To answer the question, Commissioner Plummer, he was not
prosecuted, and he didn't have a former record.
Mrs. Kennedy: Oh, I second.
Mayor Suarez: Moved and seconded. Any discussion from the Commission? Call
the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-645
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
RANDY RANDALL THE SUM OF $220,000.00 SAID SUM TO BE PAID
OUT OF THE LAW ENFORCEMENT TRUST FUND IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI AND CLARENCE DICKSON UPON EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI AND CLARENCE DICKSON
FROM ALL CLAIMS AND DEMANDS.
(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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
220
July 24, 1986
W
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62. ACCEPT BID OF TREE MASTERS TO DEMOLISH THE MAIN LIBRARY BUILDING.
Mayor Suarez: OK, now, item 39. Commissioner, let's get it resolved now.
Mrs. Kennedy: Demolition of the library.
Mr. Don Cather: Item 39 is accepting the bid of the low bidder for $88,000
for the demolition of the library.
Mrs. Kennedy: So moved.
Mayor Suarez: Moved. Do we have a second on the low bidder for the
demolition for the library? Do we have a second on the demolition of the
library, the low bidder? Please give me a second. I second it. Now I don't
have a chairman, though.
Mr. Dawkins: Go, go ahead.
Mayor Suarez: OK, go ahead, we have a motion, you second it on the demolition
to accept the low bid?
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-646
A RESOLUTION ACCEPTING THE BID OF TREE MASTERS, INC. IN
THE PROPOSED AMOUNT OF $88,444.00, BASE BID OF THE
PROPOSAL, FOR MAIN LIBRARY - DEMOLITION; WITH MONIES
THEREFOR ALLOCATED FROM "BAYFRONT PARK REDEVELOPMENT -
AMPHITHEATER" ACCOUNT IN THE AMOUNT OF $88,444.00 TO COVER
THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
63. ACCEPT BID OF DOSADA, INC. FOR MIAMI STADIUM PRESS BOX RENOVATION.
Mayor Suarez: What is agenda item 40?
Mr. Cather: That is acceptance of the bid for the Miami Stadium Press Box for
the Baltimore Orioles, $1,049,000.
Mr. Plummer: Move agenda item 40.
Mayor Suarez: 40 is moved, seconded. Any discussion? Call the roll on item
40.
221 July 24, 1986
4r"
L]
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-647
A RESOLUTION ACCEPTING THE BID OF DOSADA, INC. IN THE
PROPOSED AMOUNT OF $1,049,600.00, BASE BID OF THE
PROPOSAL, FOR MIAMI STADIUM - PRESS BOX RENOVATION; WITH
MONIES THEREFOR ALLOCATED FROM MIAMI STADIUM" ACCOUNTS IN
THE AMOUNT OF $1,049,000.00 TO COVER THE CONTRACT COST;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM PENDING AVAILABILITY OF FURTHER FUNDING.
(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:
Mr. Plummer: Oh for sure! Anything for the good old baseball stadium.
64. A -AUTHORIZE MANAGER TO ESTABLISH PROPOSED MILLAGE RATE FOR CITY FOR
FISCAL 86-87.
B-BUDGET 86-87 PUBLIC HEARINGS SET.
Mr. Plummer: This is so damn important, now let's talk about the millage.
Mrs. Kennedy: Which one is that?
Mayor Suarez: With the understanding that the millage rate can be reduced at
a later hearing on the budget.
Mr. Dawkins: We ain't even got to that yet.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: He just asked to consider that one. I would be disposed to
vote in favor of that, but I am going to fight like hell to reduce it further.
Mrs. Kennedy: All we are doing is setting a cap that we can reduce at budget
time.
Mayor Suarez: You are right... you are sure on that. OK. I entertain a
motion on the millage rate proposed by City Manager.
Mr. Dawkins: So moved.
Mrs. Kennedy: So moved.
Mayor Suarez: So moved. Does this include the debt service millage rate?
Are you going to take that $500,000 out?
Mr. Odio: It was done already.
Mr. Dawkins; What $500,000?
Mr. Odio: We reduced the debt service that was millage.
222 July 24, 1986
A
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Mayor Suarez: They found that they had overestimated the millage...
6' r
t'
Mr. Odio: There was an overestimation of $500,000 on the debt service.
i
Mr. Dawkins: When you guys do something, you better tell somebody.
Mr. Plummer: Wait a minute, whoal
Mr. Dawkins: Now you are getting ready for me to walk out of here.
Mr. Plummer: What the hell is this $500,000 that is appearing or
disappearing?
Mr. Odio: Mano, explain, it, will you?
Mr. Manohar Surana: The millage...
Mr. Dawkins: Well, you all can have the millage, I am going, because see, I'm
not going to vote for nothing like that.
Mr. Surana: The millage we sent you last week on debt service was a little
bit overestimated. Carlos Garcia did the numbers again and they came out a
little lower millage for debt service. The one millage we had given you last
week was 2.5060.
Mr. Plummer: I don't have that in front of me.
Mr. Surana: OK, the one we are proposing is 2.4512, It's a debt service, not
the regular millage, debt service millage.
Mr. Odio: Debt service.
Mayor Suarez: It is a tenth of a mill less.
Mr. Surana: The regular millage remains the same as we gave you last time.
7
3
Mr. Plummer: Well, but, isn't millage an exact... isn't millage on debt
service exact?
Mr. Surana: Yes.
"
Mayor Suarez: There are some projections on that.
e
Mr. Plummer: And that can't go up or down.
Mayor Suarez: Well, there is no projections, Mano, even on debt service.
Mr. Surana: Debt service...
- -
Mayor Suarez: It is not exact.
Mr. Surana: ... how much you are going to pay for it. We cannot change
— --
that.
Mr. Dawkins: Mr. Mano, could you tell me what we are doing?
--
Mr. Surana: Yes, air.
Mr. Dawkins: OK, tell me what we are doing, because I am getting ready to go
-
out of here, and then you and the Mayor can argue after I leave here, OK?
Tell me what you are doing.
—��
Mr. Surana: OK, we are asking you to approve general operating millage of
9.8400 and debt service millage, 2.4512.
Mr. Dawkins: Now, as J.L. says, the debt millage cannot go up or down?
Mr. Surana: No.
Mr. Plummer: That is fixed.
Mr. Surana: That is fixed.
223 July 24. 1986
t
Mr. Dawkins: What was the debt service last year?
P�^
1. Mr. Surana: 2.0520.
Mr. Odio: 2.0520.
Mr. Dawkins: And you are running it up to what, now?
Mr. Surana: 2.4512.
Mayor Suarez: They had depleted the fund almost totally.
Mrs. Kennedy: Mano, I thought what we were doing today was setting the
millage, a limit that we can cut, but we cannot raise.
Mr. Plummer: Exactly!
Mr. Surana: Operating one, not the debt service.
Mayor Suarez: On operating millage.
Mr. Surana: Debt service, we are locked in.
Mr. Plummer: You can't reduce debt service millage. That is a fixed number.
You have got to provide the adequate millage to provide the funds for that.
M Mr. Dawkins: To cover any debts that we have.
r
3 Mr. Plummer: Sure, that is fixed.
Mrs. Kennedy: OK.
Mr. Surana: Debt service the bonds.
Mr. Plummer: The general operating is what you are setting actually the
millage for that can be reduced, and buddy, it is going to be reducedl
Mr. Odio: This year? Fine. You mean now?
`. Mr. Plummer: I didn't say that.
Mr. Dawkins: I move it.
Mayor Suarez: Well, I am going to try to... you know I am going to try to
reduce it, Mr. City Manager, I have told you. One votel
Mr. Dawkins: The general operating, you are recommending 9.84 that we can
reduce, right?
~� Mr. Odio: Yes, sir.
Mr. Surana: Yes, sir.
Mr. Dawkins: I move it with the knowledge that I will be reducing it.
Mayor Suarez: Moved on general operating millage rate. Can we take them
_- separately?
Mr. Plummer: No, you are doing both the same time.
_ Mayor Suarez: Do you want to go ahead and throw in the debt service millage
_ rate?
Mr. Dawkins: Yes, I'll do both of them.
—� Mayor Suarez: Both, so moved.
Mr. Plummer: What is that percentage increase?
Mr. Surana: One point, three percent.
224 July 24, 1986
tYY�
K;
4&
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Mr. Plummer: 1.3?
Mayor Suarez: Overall.
E 4,.
Mr. Odio: Not of the millage. Wait, let's clarify that for the record. For
the first time, the millage is going down.
Mayor Suarez: The operating millage rate.
1`
Mr. Odio: The operating millage rate is going down from...
Mr. Plummer: What is the increase in cost to the taxpayers?
Mayor Suarez: Overall, between the two, in percentage terms?
Mr. Odio: Well, the operating is 1.3 percent.
Mr. Plummer: That's what I asked. Thank you, sir.
Mr. Odio: OK, I thought you were asking about the millage.
Mrs. Kennedy: What makes our...
r,.
Mayor Suarez: Debt service - do you have a combined percentage increase,
Mano, between the two?
Mr. Surana: 3.2 percent.
Mr. Dawkins: That's coming down.
Mayor Suarez: 3.2 percent increase combined. We hope it is coming down.
Mrs. Kennedy: What makes our general obligation bonds indebtedness 22 percent
rF
higher next year than this year?
I just changed the number. It is 19
Mr. Surana: It is 19 percent. g
percent.
a,
Mrs. Kennedy: 19 percent? OK.
Mayor Suarez: What was the question, I am sorry?
=
Mrs. Kennedy: What makes it 19 percent higher?
Mr. Plummer: We sold a hell of a lot of bonds.
-�
Mr. Surana: The debt service millage is based on how much money we have to
- —
pay to retire the bonds, and that changes every year.
Mayor Suarez: And there was not much money left in that fund, a lot less than
should have been there.
a
Mr. Plummer: Yes, but let's also, Mr. Mayor, for the record indicate what is
-
the amount of debt service that we have in percentage?
- -
Mayor Suarez: Very small.
-=
Mr. Surana: Almost none.
Mr. Plummer: What?
=
Mr. Surana: Almost none.
Mr. Plummer: Almost none, where most cities have anywhere from 15% to 20% as
a norm. This city, has less. I think, than 5 percent!
- --
Mrs. Dougherty: That is right.
Mayor Suarez: We have a very small debt to equity ratio.
—yam
Mr. Plummer: Call the roll.
225 July 24, 1906
Mayor Suarez: Call the roll. Do we have to read an ordinance, or anything?
r '
Mr. Plummer: No.
Mayor Suarez: Call the roll.
Mr. Dawkins: Hold it! It's a resolution.
+.-
Ms. Hirai: I have Commissioner Dawkins moving it, and I need a second.
Mrs. Kennedy: Second.
Mayor Suarez: First, second, third.
k
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-648
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH A
PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1986 AND ENDING
SEPTEMBER 30, 1987.
a� -
(Here follows body of resolution, omitted here
'.
and on file in the Office of the City Clerk.)
Y
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote-
AYES: Commissioner J. L. Plummer, Jr.
tea'
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Surana: I also need the dates for our first public hearing and the second
r
public hearing.
Mr. Plummer: What about the workshops?
e
Mr. Surana: Workshops...
Mr. Odio: Anytime after the...
Mr. Surana: First week of September, workshops. It depends now, when we are
going to have the first public hearing.
Mr. Plummer: It has to be after 5:00 o'clock in the afternoon.
-
Mr. Surana: Yes, we have four days for first public hearing - September 9th,
loth, llth and 12th.
Mr. Plummer: Well, why don't we do it during the City Commission meeting of
-
the llth?
-=
Mr. Surana: OK, and the second public hearing?
Mr. Plummer: When is the second Commission meeting?
_ �
Mr. Odio: The 25th.
Mr. Surana: The 25th.
Mr. Plummer; Well, let's do it on the Commission day meetings at 5;05 p.m.
Mr. Surana: 5:05 p.m., OK.
Mayor Suarez: Do we need that in the form of a motion?
226 July 24s 1986
E
A
Mrs. Dougherty: Yes, sir.
Mr. Plummer: So moved.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll on scheduling of the
hearings on the budget.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-649
A MOTION SETTING THE DATES OF SEPTEMBER 11, 1986 AFTER
5:05 P.M. AND SEPTEMBER 25,1986, AFTER 5:05 P.M. AS THE
DATES FOR THE FIRST AND SECOND PUBLIC HEARINGS,
RESPECTIVELY, ON THE FISCAL '86-'87 CITY OF MIAMI BUDGET.
Upon being seconded by Commissioner Dawkins, the motion 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
Mr. Plummer: How many workshops are we going to have?
Mr. Odio: It is up to you.
Mr. Surana: It is up to you.
Mr. Plummer: I think we ought to schedule no less than three. Police is
going to take one alone.
Mr. Dawkins: Not if you don't string it out!
Mr. Plummer: Well, you bet your bippy I am going to bring it out!
Mr. Surana: Well, we have options. We can go on 8, 9, 10, or 3, 4, 5.
Mr. Odio: Whatever...
Mr. Plummer: Well, you know, with the understanding to the Commission that it
is not mandatory that all Commissioners have to be there. I would say is what
we ought to do is schedule the first one, and then we can schedule the second
and third after we have the first one. When would the first one be best?
Mr. Surana: The fourth.
Mr. Plummer: Excuse me?
Mr. Surana: On September 4th.
Mr. Plummer: What day of the week is that?
Mr. Surana: Thursday.
Mr. Plummer: Yes, let's do that. September 4th agreeable at 10:00 a.m.?
Mr. Surana; 10:00 a.m.? OK.
Mayor Suarez; Do we need a motion on that?
227
July 24, 1986
Ll
Mr. Plummer: No.
k
Mayor Suarez: OK, so do it, so ordered.
Mr. Plummer: Wait a minute, where are you going to hold it?
Mr. Gdio: I have an idea. Do you want the Knight Center? They have a small
auditorium there.
Mayor Suarez: Yes, let's use the Knight... well no, you have got a parking
problem there.
Mr. Surana: How about the Fire College?
Mr. Plummer: No, that is worsel
Mr. Odio: We don't have a parking problem. Most people work down there. They
can come to the People Mover.
Mr. Surana: You have got too many people.
Mr. Plummer: The public.
Mr. Odio: At workshops? Workshops don't have public.
Mr. Plummer: OK, Knight Center? You buying lunch? OK, Knight Center.
Mayor Suarez: OK, we have taken care of the budgetary items. We have taken
care of...
65. AUTHORIZE EXECUTIVE DIRECTOR OF DOWNTOWN DEVELOPMENT AUTHORITY TO
ESTABLISH PROPOSED MILLAGE RATE.
zl
r.
1'
Mr. Surana: Mr. Mayor, we have to do one more thing. We have to vote on
�t
D.D.A. millage, and the...
1 i
Mr. Plummer: Ha, ha, hal Oh, I have been waiting twelve months!
Mayor Suarez: What are you proposing, Peter?
-�
Mr. Peter Andolina: We are proposing the .5 mill.
Mayor Suarez: Half a mill?
Mr. Dawkins: Twenty five mills.
-- = Mayor Suarez: Half a mill.
Mr. Andolina: .5, half mill.
Mr. Plummer: Well, OK, let me ask you this, Mano - it is my intent and
desire, that I am going to establish, or try to establish, at least a $30O,0O0
reserve...
=- Mayor Suarez: The proposed budget, Commissioner, includes, I think, $29O,000
- - in that reserve.
Mr. Plummer: Of reserve that only can be approved by this Commission.
Mayor Suarez: The proposed budget contains that.
Mr. Odio: It is in there.
—� Mayor Suarez; We did that based on your recommendation.
Mr. Plummer: Well, God knows, the Mayor and all of us worked hard enough to
get this .5 passed by the Legislature. We would be damned fools if we didn't.
I move it.
228 July 24, 1986
04
Mayor Suarez: So moved. Please second, someone. You second it? Oh, you
can't. Did we lose Commissioner Kennedy.
Mr. Plummer: Will you vote for it? OK, then, you second it.
Mayor Suarez: I second it.
Mr. Dawkins: It has been moved and seconded. Call the role, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-650
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
DOWNTOWN DEVELOPMENT AUTHORITY TO ESTABLISH A PROPOSED
MILLAGE RATE FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987.
(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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Suarez: I hope they know how close they came? You tell them.
66. SCHEDULE SPECIAL ELECTION ON NOVEMBER 4, 1986 FOR CHARTER AMENDMENT
PROVIDING FOR AN INCREASE IN COMPENSATION FOR MAYOR AND COMMISSION.
Mr. Plummer: OK, what is the referendum item?
Mayor Suarez: Item 35 is the one on the salaries.
Mr. Plummer: I move it.
Mr. Dawkins: I second it.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Do we
have to read the ordinance on that, Madam City Attorney?
Mrs. Dougherty: No, this is strictly a resolution.
Mrs. Kennedy: I have a lot of discussions, but I guess these is no time for
that.
229
July 24, 1986
A
I
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-651
A RESOLUTION APPROVING SETTING FORTH AND SUBMITTING THE
DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING SUBSECTION
(h) OF SECTION 4 OF THE CHARTER OF THE CITY OF MIAMI,
KNOWN AS CHARTER AMENDMENT NO. 2 THEREBY PROVIDING FOR AN
INCREASE IN ANNUAL COMPENSATION TO BE MADE TO INDIVIDUALS
HOLDING THE OFFICE OF COMMISSIONER TO $17,500 WITH A
$7,500 EXPENSE ALLOWANCE, AND AN INCREASE TO THE
INDIVIDUAL HOLDING THE OFFICE OF MAYOR TO $24,500 WITH A
$8,500 EXPENSE ALLOWANCE, SAID AMENDMENT CONTAINING AN
AUTOMATIC COST -OF -LIVING ADJUSTMENT PROVISION WITH THE
ADJUSTMENT PROVISION AND THE HEREIN INCREASED PAYMENTS
BECOMING EFFECTIVE FOR ALL INDIVIDUALS SERVING IN SAID
OFFICES FOR TERMS OF OFFICE BEGINNING IN NOVEMBER, 1987;
FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 4TH DAY OF NOVEMBER, 1986 FOR
THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 2 TO THE
ELECTORATE AT SAID ELECTION; FURTHER DIRECTING THAT A
CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE
SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY,
FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH
SPECIAL MUNICIPAL ELECTION.
(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
67. BRIEF COMMENTS REGARDING INSURANCE POLICIES PRESENTLY ISSUED TO MEMBERS
OF THE CITY COMMISSION.
Mrs. Kennedy: While we are on that... let me make reference to the article in
today's paper, and say that I was not aware... I don't know about you, about
our insurance policies, the way that it was done, and that it was not up for
bids.
Mr. Odio: Do you want me to cancel it?
Mrs. Kennedy: Can we remedy that? Can we...?
Mr. Odio: We can cancel it.
Mrs. Kennedy: Can we remedy that? Can we...?
Mr. Odio: We can cancel it.
Mayor Suarez: I move to cancel all insurance policies that haven't been
approved by this Commission.
Mr. Plummer: And that includes all...
Mrs. Kennedy: I feel that way.
230 July Z4, 1986
Lo
Mayor Suarez: So moved.
Mr. Plummer: All policies?
x.
Mayor Suarez: Having to do with the Commissioners and
the Mayor. If they
even have
haven't been approved by the Commission. I don't see how we could
them.
Mrs. Dougherty: No, they should bring it back and get
a recommendation from
the City Manager.
Mr. Plummer: Wait a minute now, whoa!
Mrs. Kennedy:
` V
Mayor Suarez: Do you still want to take up the item, or
do you want to forget
about it, Commissioner?
Mr. Odio _
Kennedy: No, I think that we ought to regain the trust
of the...
Mrs.
Mayor Suarez: Do you want to wait for another more
day where we have
Y
t:
y}:
time to think about it?
Mrs. Kennedy: OK, let's do that, because of the...
- CONTINUATION OF ZONING ATLAS AMENDMENT AT APPROXIMATELY 3900-3998 W.
68.
FLAGLER FROM RG-2/6 AND RS-2/2 TO CR-2/7.
-
Mayor Suarez: Planning and Zoning
item one.
Mr. Olmedillo: This is a request
zoning
nge f an 2from o
RS-
rfor
2/7 fosix lots, Fronting Flag
Streetfora part ofmone lot an
2/2/ a CR-2/7. This item was before you
the strip
about six months ago and
on Flagler Street between
you
37th
requested a study to be made to be
of
Avenue and 42nd Avenue.
Mr. Carollo: Is there anyone left in Commissioner Carollo's office? Did he
want 34 withdrawn, or not? Is this first or second reading?
Mrs. Dougherty: This is it.
Mr. Odio: J. L., I would leave it alone, because...
Mayor Suarez: He indicated to me that he would defer it, Commissioner.
Mr. Plummer: All right, wait a minute. If we were to approve it here, can it
still be withdrawn later?
Mrs. Dougherty: Special meeting.
Mr. Odio: Wait, let me see if we can find him, OK? But, I think he didn't
mention anything about...
Mr. Plummer: Hey guys, my stomach thinks my throat has been cutt
Mayor Suarez: You recommend going to something other than what they are
requesting, do you not, Guillermo?
Mr. Olmedillo: Yes, sir, the recommendation is not only not to grant the
rezoning requested, but...
Mayor Suarez: RO-1/4?
231 July 24, 1986
.,
Mr. Olmedillo: Right. From the analysis that we made of the strip, there is
a large area which is zoned commercial, and is not being utilized as such.
The northern portion of Flagler Street is very stable and it is a residentie
district made up by housing units, multifamily units.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Why should we just not leave things as they are in that, Mr.
Attorney for the applicant?
Mr. Al Cardenas: Thank you, Mr. Mayor, members of the Commission, my name is
Al Cardenas.
Mr. Plummer: What the hell is this?
Mayor Suarez: Planning and zoning item one.
Mr. Cardenas: Asking me a question, / have to go on the record.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Did we lose the opponent?
i`.
Mr. Dawkins: Yes, that is it...
Yi
Mayor Suarez: He got the impression we are going to...
t
Mr. Cardenas: But, this is only first reading, so you will have a second
reading, and an opportunity to return. This will be very quick.
i
'
Mr. Plummer: Yeah, right!
Mr. Cardenas: Very, very, very quick.
r
Mayor Suarez: Don't even try, you know why? You are going to lose. There
Tit
4
are only three of us, and I am going to vote against it.
Mr. Cardenas: You have made up your mind before I...
Mayor Suarez: As of now, I cannot vote for that, because the gentlemen that
really wanted to oppose it, he is entitled to be heard today.
-
Mr. Cardenas: Today, even through...
Mayor Suarez: So, I have a feeling that ought to go back to just continuing
every Planning and Zoning item. I don't think this Commission is..* if there
_
is any noncontroversial ones, and the Commissioners want to stay, but on
-- -
yours, I would suggest that you accept that...
Mr. Plummer: Which number are you, sir?
Mayor Suarez:..* motion to continue.
Mr. Plummer: Number one?
Mrs. Kennedy: He is the one.
Mayor Suarez: Are you opposing it?
Mr. Cardenas: No, he is the client.
Mayor Suarez: Oh, you are the applicant.
Mr. Plummer: The Mayor said he ain't going to vote for it. You lose!
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Sir, there are three people here. The Mayor said he is not
voting for it tonight. Now, you want to take a loss?
Mr. Cardenas: No, because I lose too, J.L. No, no.
232 July 24, 1906
Mayor Suarez: I think you ought to get a continuance of it, really. The
gentlemen was here...
Mr. Cardenas: After a thorough discussion with counsel, client has seen the
wisdom of the ways, and...
Mayor Suarez: Right, he waited twelve hours and he had to leave and it would
be unfair.
Mr. Cardenas: I am sorry the guy is gone. Of course, you know, he could have
come on second reading. This is only first reading, but I understand.
Mayor Suarez: Things tend to be passed very quickly here, and summarily, once
it is on second reading, I am not disposed to vote for it, so I would strongly
suggest you continue. We will do it differently next time. I guarantee you
won't be here all day, because I won't be here all day.
NOTE FOR THE RECORD: AGENDA ITEMS PZ-4 AND PZ-5 WERE WITHDRAWN.
69. ACCEPT PLAT: MORNINGSIDE ELEMENTARY SITE
Mayor Suarez: Is there anyone here on PZ-6?
Mr. Pierce: It is a plat, Mr. Mayor.
Mr. Plummer: I move PZ-6.
Mayor Suarez: So moved.
Mr. Plummer: I move PZ-6.
Mrs. Kennedy: It is a plat.
Mr. Plummer: It is a plat. Is there anybody objecting to PZ-6? I so move
it.
Mrs. Kennedy: And I second it.
Mr. Plummer: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-652
A RESOLUTION ACCEPTING THE PLAT ENTITLED MORNINGSIDE
ELEMENTARY SITE, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF
SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
233
July 24, 1986
�f
70. CLOSE PORTION OF S.W. 2ND STREET EAST OF S.W. 50 AVENUE.
t
Mr. Plummer: PZ-3, is there anyone here in objection to PZ-3? Are you
i
I
objecting?
1
Unidentified Speaker: No.
Mrs. Kennedy: I move PZ-3.
Mr. Plummer: PZ-3 is a portion of S.W. 2nd Street east of S.W. 50th Avenue.
Mayor Suarez: Is there anyone who wishes to be heard, for or against Planning
and Zoning....?
I
Mr. Plummer: Street closure. Who is the recipient of the street closure?
I
jMayor
Suarez: Anyone who wishes to be heard, for or against Planning and
Zoning item 3?
Mr. Plummer: Wait a minute, what are you doing for the City if you are going
to gain that property?
Mr. Francisco Villegas: We are going to end the situation that existed for
1
sixty years. My name is Francisco Villegas, I live at 201 S.W. 50th Avenue.
I am the half applicant. Mr. Tarajano is the other half applicant.
Mr. Plummer: But are you going to amass into your ownership the half of the
street?
Mr. Villegas: Yes, sir. That is the subject picture up there.
�5
Mr. Plummer: Yes, sir, I understand the subject of the property, but you are
going to enhance the value of your holdings. What are you going to do for the
City?
Mr. Villegas: I have already improved that area substantially, and there is
another neighbor here that can testify to that effect.
Mr. Plummer: How many square feet are they there?
Mr. Olmedillo: About 3,000 square feet.
Mr. Villegas: Well, Commissioner Plummer, let me just bring up one point so
that you might consider it. You have a situation here where the City of Miami
has not enjoyed receiving the tax from the adjacent property owners for sixty
years.
Mr. Plummer: Yes, sir, but it is still owned by the public.
Mr. Villegas: It certainly is, and it has not benefited in any way. All
right. the same condition exists on...
Mr. Plummer: How many square feet?
Mr. Villegas: We are talking 50 feet by 50 feet, that is 100 square feet.
Mr. Plummer: About 3,000 square feet, sir. You each will be assimilating
into your ownership 1,500 square feet, and you don't think that is worth
anything.
Mr. Villegas: No, I don't. I plan to improve it. I have already planted
trees. We have already placed sod there, and like I said, the same situation
exists...
Mr. Plummer: Does your neighbor agree with you, sir?
Mr. Villegas; My neighbor... we have paid fees in excess of... to the City,
we are not through paying the fees yet. We have already paid somewhere around
$2.000 plus the surveyors.
234 July 24, 1946
Mr. Plummer: Well, sir, I am ready to move to deny.
Mr. George Campbell: Commisssioner Plummer, if I may.
Mr. Plummer: Yes, sir.
Mr. Campbell: This particular little stub in there is only like, 50 or 60
feet deep.
Mr. Plummer: Yes.
Mr. Campbell: And it has been closed off for some years. The sidewalk goes
straight across it. It has never really been a benefit to the public.
Mr. Plummer: I understand, but it still is 3,000 square feet which is owned
by the public. The public is entitled to something for their right of
ownership. All right, sir? They will each be gaining 1,500... hey, I wish
somebody would give me 1,500 square feet on each side of my property to add to
it free of charge. I think that would be great, but you know what...?
Mr. Villegas: Will the City accept $500, sir?
Mr. Plummer: No, sir. Excuse me, sir, I am not accepting money. Would you
like to make a voluntary contribution to do something for a park in the
neighborhood, or some landscaping for the neighborhood?
Mr. Villegas: I have already done landscaping, but I will be happy to do it.
Mr. Plummer: For the neighborhood, sir, not on the property which you are
going to acquire.
Mr. Villegas: Down the street. I attended the closure of S.W. 3rd Street,
and this is approximately about five years ago, and it was closed in this room
here, and I attended all the meetings, OK? The gentlemen that was the
petitioner for that particular closure promised to put trees on the street.
The trees are not there. I will purchase...
Mr. Plummer: Did you hear that? Somebody is not following up.
Mr. Villegas: That is OK, but the point that I am trying to make here is that
this situation has existed for many years, and I am trying to rectify it and
relieve the City from public liability as to that particular piece of
property, as well as pay taxes from this point forward, as well... I have
already made some improvements, and we would be happy to make more.
Mr. Plummer: A dollar a square foot?
Mrs. Kennedy: Why did the Planning Department say the subject portion of the
street does not serve the public need at this time, it only serves the
abutting property owners, and is not deemed necessary for the overall public
interest?
Mr. Campbell: That's correct.
Mr. Plummer: You are telling me that the property in value is worth
approximately $3.00 a square foot on today's market? Is that what you are
telling me? About $3.00 a square foot you think is its value?
Mr. Pierce: That is the assessed value.
Mr. Plummer: So, a dollar a square foot of a donation to a park would not be
out of line, is that correct?
Mrs. Charles Starkey: Commissioner Plummer, I live across the street. I
have lived across the street for the past thirteen years. My name is Mrs.
Charles Starkey.
Mr. Plummer: I know you, Mrs. Starkey, very well!
Mrs, Starkey: Extremely well, yes, air. I have lived across the street from
this property prior to this gentlemen having bought the property. It was
235
July 24, 1986
A
x
x'
nothing but a neighborhood
eyesore for the past twelve... well ten
years at
toy
least! He has been there a
couple of years.
Mr. Plummer: Mrs. Starkey,
I understand what you are saying, but
I hope you
1
understand what I am saying.
The public owns that property. If we
were...
Mrs. Starkey: For the last
fifty years.
Mr. Plummer: Excuse me.
If we were to sell that property
as surplus
property, they are telling
me that it would bring about $3.00 a square
foot,
j
OK? The public is entitled
to something for their public property.
a
Mrs. Starkey: Well then, let it revert back to the street like it
was before.
Nobody is going to use it.
It certainly is not a street.
a
Mr. Plummer: I have no problem with that.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Hey, I don't think the City is looking for any money, I think
we are trying to improve our parks.
Mrs. Starkey: We are trying to improve the neighborhood.
Mr. Plummer: So are we.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Nobody is moving, it, is that what you are saying? Well, we
have got a recommendation.
a? m-_ Plummer: No. we can always defer it, if that is what you would like.
Mr. Villegas: Well, no, we have been dealing with this for a number of years
now.
It has been held up in one snag after the other.
There was a time back
W'7
when
there was an abutting land owner, that we had a
problem with and she at
that
point didn't want this to be converted, wanted it
to be left as a street,
which she had all the right to do so. This has been
the way it has been for
over
sixty years. Would the Commission accept that we make improvements to a
park
in the neighborhood?
,
Mr.
Plummer: Sure, to what amount?
Mr. Villegas: OK...
Mr. Rodriguez: Either that, or maybe if you offer to the Park Improvement
Trust Fund, which is a fund that is established in the City to help parks, it
might be adequate.
Mr. Villegas: OK, can we put up $1,000 toward the benefit of the City for the
parks?
Mr. Plummer: I think that is very fine on your behalf, sir. I move item 3.
Mayor Suarez: So moved, do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Call the roll.
236 July 26, 1986
Ott
ON
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-653
A RESOLUTION CLOSING, VACATING, ABANDONING, AND
DISCONTINUING THE
BETWEEN THE EAST RIGHT-OFOOF THAT PORTION F SOUTHWEST
WAY LINE OF
SECOND STREET L
SOUTHWEST 50TH AVENUE AND THE EAST BOUNDARY OF FLAGLER
COURT HEIGHTS, AS RECORDED IN PLAT BOOK 22, AT PAGE 45, OF
THE PUBLIC RECORDS OF AS A DADE CONDITIONYOFFLORIDA,
APPROVAL FOR
OF A
DISTANCE
OF +59.37 FEET; TENTATIVE
PLAT #1245-B - "CHRISTINA NORA SUBDIVISION".
ont
(Herandeonofilefllowsinody theo0fficellomitted
of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
71. AGREEMENT TO BE COMPLETED FOR
MINORITY
9 and 51;TION IN SPORTS ARENA
PROJECT BY JULY 30, 1986.(Also see
Mayor Suarez: We have a problem here on the requirement of minority
Arena,if we don't
participation to be incorporated into tnow' Sports maylose outaon t e bidding
resolve, according to the City Manager,
for the... Mr. Mayor, it is my understanding that matter was resolved and
Mr. Plummer:
there was a vote taken. Now, what is in question that is not resolved
is that I was instructed to bring the minority
Mr. Odio: The question is Sir,
participation... That if it is subject to our approval, we can't do it
Mayor Suarez:
before...
Mr. Odio: .... In the next Commission meeting.
Mayor Suarez: Why couldn't we do it at the September meeting?
Mrs. Dougherty: It's after the 4th. It's after the 4th of August.
Mr. Olio: _ break ground.
to break down until they have that?
Mayor Suarez: They don't want
Mr. Odio: That's correct.
Mayor Suarez: They can't break session wIthist up signing
tothehe• weehavetl
gotthree
disposed to call a special
Commissioners here.
Mr. Plummer: Well, no, I think...
Mrs. Dougherty: Ask them individually.
237
July 24, 1966
V-
Mayor Suarez: Does the Commission want to allow Commissioner Dawkins to
review it and delegate the authority to him and the City Manager?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: No, OK.
Mr. Plummer: I will tell you what. Mr. Manager, that ground breaking is
scheduled for August 4th, as I understood.
Mr. Odio: Yes.
Mr. Plummer: All right, sir, when do you contemplate that agreement will be
finished.
Mr. Odio: I am trying to finish it tonight and tomorrow.
Mr. Plummer: OK, so you are talking about by the end of June...
Mr. Pierce: July.
Mr. Plummer: Of July, I am sorry.
Mr. Odio: No, no, you mean the agreement.
Mr. Plummer: Yes.
Mr. Odio: Today, we are trying to finish it tomorrow.
Mr. Plummer: Tell me what day you will have it ready for the Commission to
review?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: What day will the entire document be ready, Mr. Manager?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Wednesday will be what day? That will be the 30th, is that
correct?
Mr. Pierce: Yes.
Mr. Plummer: Mr. Mayor, may I suggest that they have it ready on the 30th.
Mayor Suarez: And...?
Mr. Plummer: Based on that, that there be a three day period in which if no
Commissioner objects, it is in effect.
Mayor Suarez: OK.
Mr. Plummer: If any Commissioner objects in that three day period, you then
will call a special Commission meeting.
Mayor Suarez: That will be the only alternative at that point. OK, so moved.
Commissioner?
Mrs. Kennedy: Second.
Mayor Suarez: Second. Call the roll.
233 July 24. 1986
00�•
The following motion was introduced
its adoption:
by Commissioner Plummer, who moved
MOTION NO. 86-654
A MOTION DIRECTING THE ADMINISTRATION TO COMPLETE THE
AGREEMENT FOR MINORITY PARTICIPATION IN THE SPORTS ARENA
PROJECT BY JULY 30, 1986; FURTHER STIPULATING THAT, IF NO
CITY COMMISSIONER OFFICIALLY OBJECTS TO SAID AGREEMENT
WITHIN THE THREE FOLLOWING DAYS, IT WOULD BE DEEMED TO BE
IN EFFECT; AND FURTHER STIPULATING THAT IF AN OBJECTION
OULD
WERE VOICED BY IMMEDIATELY CALL A ANY
SPECCIAL MEETINGINCONNECTION WITHR, THE MAYOR SAID
IMMEDI SAID
ISSUE.
Upon being seconded by Commissioner
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Kennedy, the motion was passed and
72. FIRST READING ORDINANCE: AMEND CODE "ALCOHOLIC BEVERAGES"
Mayor Suarez: Item 33 involves a modification of the Bayside agreement. They
waited all day for it. What does it entail, real quickly, John?
Mr. Pierce: Alcoholic - that is not a zoning amendment. It is an amendment
to the City Code dealing with alcoholic beverage uses in specialty centers,
to... so you can sell alcoholic beverages in Bayside.
Mayor Suarez: Since he waited all dayl
Mr. Plummer: What is the hell is the emergency?
April.
(INAUDIBLE BACKGROUND COMMENTS)
Bayside is not opening until
Mr. Pierce: Not only that, but Building and Zoning wise, we can't approve the
building plans if it shows
effective inLOctober.18Youfirst
needeiting. Second reading
is September. it will
Mr. Plummer: I move it. What item?
Mr. Pierce. Item 33.
Mayor Suarez: Moved 33. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Second, call the roll on item 33.
Z 39
,duly 249 1906
I
p,-!
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 4 ALCOHOLIC BEVERAGES,
ARTICLE I IN GENERAL OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING SECTION 4-1 FROM "SOLD" TO
"CONSUMED"; AND BY ADDING A NEW PARAGRAPH TO SECTION
4-3 (a) WHICH DEFINES A WATERFRONT SPECIALTY CENTER;
BY AMENDING PARAGRAPHS (2); (3) AND (5) OF SECTION 4-3
(c) TO PROVIDE AN EXCEPTION FOR SUNDAY SALES, AND
ESTABLISH HOURS OF OPERATION FOR WATERFRONT SPECIALTY
CENTERS; BY ADDING A NEW SUBSECTION (e) TO SECTION
4-14 TO PROVIDE AN EXCEPTION FROM DISTANCE
REQUIREMENTS, LIMIT THE NUMBER OF ESTABLISHMENTS AND
RESTRICT SIGNS, FOR AND IN WATERFRONT SPECIALTY
CENTERS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
73. APPROVE GUIDELINES FOR IMPLEMENTATION OF FIRST SOURCE HIRING ORDINANCE.
Mayor Suarez: What is agenda item 38 now, that you needed so badly?
Mrs. Kennedy: That is not an ordinance.
Mayor Suarez: Do you want to move it?
Mrs. Kennedy: Before I do, let me ask you, is this mandatory?
Mr. Plummer: What?
Mr. Castaneda: In the first source guidelines, basically what it states is
that any agreement coming before the City Commission, or Miami Capital would
require a statement of first source. That is, that we would sit down with the
of
obs that wou
he
winning bidders and
zero negotiate
because enounewr , jobs are created, ibe created.
t will bedt
stated on
number of fob
the resolution.
Mrs. Kennedy: Is this mandatory, Frank?
Mr. Castaneda: It is mandatory, but the developer or contractor can argue
that no jobs
are created, and at that time e
m you that a first
ment could not be negotiated, but it would
would be with source agreement
the Commission
item.
Mr. Plummer: Who asked that this be put on the agenda?
Mr. Castaneda: This is in reference to the first source, which was approved
by the City Commission about a year ago.
Mr. Plummer: Mr. Manager, this is your item. You had better come talk.
Z40
July 24, 1966
W
M
Mrs. Kennedy: You know, I was ready to vote for it. I didn't know it was
mandatory. Don't you think we will be isolating ourselves by making it
mandatory?
Mr. Plummer: Does this say to hire first source from citizens of Miami?
Mr. Castaneda: Right.
Mr. Odio : Yes*
Mr. Plummer: You bet your bippy I will vote for that right now. I will move
it.
Mr. Odio: That is what we have been trying to do for a long time.
Mr. Plummer: Yes, sir, Miami people as citizens that pay our taxes get first
choice.
Mrs. Kennedy: OK, I will second.
Mayor Suarez: What are we moving on?
Mr. Plummer: First source employment.
Mayor Suarez: Moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-655
A RESOLUTION APPROVING GUIDELINES FOR IMPLEMENTATION OF
THE FIRST SOURCE HIRING ORDINANCE ADOPTED SEPTEMBER 12,
1985, AND PROVIDING FOR APPLICATION OF THE ORDINANCE
EQUIRING CITY
DURING
ISS ON A PROVAL AND/OR LOANS GRA T DS
COMM BY MIAMI CAPITAL
DEVELOPMENT CORPORATION.
(Here follows body of resolutiong 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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
241
July 249 1906
OR
74. SCHEDULE SPECIAL ELECTION
UNLESS NNO
LEASE OF CITY -OWNED LAADVERTISED 1986
90 DAYS PPRIORI AND AT TING SALE
THREE PROPOSALS ARE RECEIVED FROM PURCHASERS OR LESSEES.
Mayor Suarez: Item 34 was Commissioner Carollo's requested referendum item,
we don't vote on it today. Apparently, he would ask for a special session,
ch
and rather than having a ssC1becauseal lwe onlymhave threosede of vote
us, so if •onelof
is the only way it can pas, how on
you wants to move it, I will second it. We have a second reading any
that, right?
Mr. Plummer: Move itl No, this is second.
Mrs. Dougherty: This is it, and I have made an amendment as of today. It is
in your package.
Mr. Plummer: Oh, I didn't see the amendment on it.
Mrs. Dougherty: But, this amendment simply says that it applies to all sales
and lease property, but only those in which we are about to lease it for Your
than fair market value at ess
highest and best use.
So, it won't apply
U.D.P.'s, because that is a different procedure all together, and it won't
apply to sales or leasing of City owned land at a fair market value, for
highest and best use, so...
Mayor Suarez: How could it not apply to U.D.P.'s, when we are eliminating, in
effect, competition?
Mrs. Dougherty: U.D.P.'s are a separate part of the whole Charter. It never
did.
Mayor Suarez: Is it exempted?
Mrs. Dougherty: It never did apply to U.D.P.'s.
Mr. Plummer: Does Carollo want it?
Mrs. Dougherty: Yes.
Mayor Suarez: He called, apparently, and said that otherwise he would be
wanting a special session.
Mr. Plummer: I move item 34. Oh, I am sorry, I second it.
Mayor Suarez: So moved and seconded, and moved and seconded again. Call the
roll.
Mr. Plummer: I won't come back here in special session.
242 July 24, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-656
A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE
DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING SUBSECTION
(d) OF SECTION 29 OF THE CHARTER OF THE CITY OF MIAMI,
KNOWN AS CHARTER AMENDMENT NO. 1, THEREBY PROHIBITING THE
CITY COMMISSION'S FAVORABLE CONSIDERATION OF SALE OR LEASE
OF CITY -OWNED REAL PROPERTY AT LESS THAN FAIR MARKET VALUE
AT HIGHEST AND BEST USE AS DETERMINED BY THE AVERAGE
AMOUNT OF TWO APPRAISALS UNLESS (a) THERE SHALL HAVE BEEN
90 DAYS PRIOR TO THE DATE OF CONSIDERATION BY THE CITY
COMMISSION, AN ADVERTISEMENT SOLICITING PROPOSALS FOR SAID
SALE OR LEASE PUBLISHED IN A DAILY NEWSPAPER OR GENERAL
PAID CIRCULATION IN THE CITY, SAID ADVERTISEMENT TO BE NO
LESS THAN 1/4 PAGE AND THE HEADLINE IN THE ADVERTISEMENT
TO BE IN A TYPE NO SMALLER THAN 18 POINT AND (b) THERE
SHALL HAVE BEEN AT LEAST 3 WRITTEN PROPOSALS RECEIVED FROM
PROSPECTIVE PURCHASERS OR LESSEES; HOWEVER, IF THERE ARE
LESS THAN 3 SUCH PROPOSALS RECEIVED AND THE CITY
COMMISSION DETERMINES THAT THE CONTEMPLATED SALE OR LEASE
WILL BE IN THE CITY'S BEST INTEREST, THEN, SUBJECT TO THE
APPROVAL OF A MAJORITY OF THE VOTES CAST BY THE ELECTORATE
AT A REFERENDUM, THE SALE OR LEASE MAY BE CONSUMMATED;
FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 4TH DAY OF NOVEMBER, 1986 FOR
THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 TO THE
ELECTORATE AT SAID ELECTION; FURTHER DIRECTING THAT A
CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE
SUPERVISORNOT LESSTHANELECTIONS45 DAYSMPRIOROLITAN DADE COUNTY,
TO THE DATE OFSUCH
FLORIDA,
SPECIAL MUNICIPAL ELECTION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Kennedy, the resolution was passed
75. FIRST READING ORDINANCE: TO ZONING ATLAS AMENDMENT, APPROXIMATELY 2564-2574
S.W. 27 LANE FROM R
Mr. J. Moynahan: Mr. Mayor and Commission.
Mr. Plummer: What is this lady... what are you sitting here for?
Mayor Suarez: Planning and Zoning item 2, is that the one?
Mr. Moynahan: That is the one, Mr. Mayor, and we have sat here, it for a
zoning change from an�8 e / to R It then got pulled6th Avenue and U.S. 1. It
Se
was a one time, a pa
Mr. Plummer: Are you the owner of the property?
Mr. Moynahan: Yes, I am one of the owners.
243 July 24, 1986
Mr. Rodriguez: The Planning Department is recommending approval and the
Zoning Board recommended approval unanimously.
Mr. Plummer: Where is the property?
Mr. Olmedillo: The yellow portion on the transparency.
Mr. Plummer:
Well, wait a minute now, you are recommending that thing? How
can you recommend that without leveling off the end of the block
Mr. Olmedillo: As you remember, some time ago, this Commission approved a
zoning change across the street. The danger that it has created is that the
zoning line may move because togs pthe cstreet•from the CR,the ownersnaand oforward the commercial
apply for a zoning change across
residential
la area.
any
district begins to move intoore a itstopsthe use at o that point, es not e atthat
transitional rights,
particular point.
Mr. Plummer: That is not the point, sir. The point I am trying to make, is
what I would call to the south of the brown area. Isn't the brown area the
one we are talking about?
Mr. Walter Pierce: Yes.
Mr. PLummer: Pin point that.
Mr. Rodriguez: Commissioner Plummer, in the 27th Avenue study, we are
recommending that exactly. The two sides of it...
Mr. Plummer: Yes, but you a the point of it
block B? is, how can you do that
without recommending the other
Mr. Rodriguez: We recommend the other half also in the 27th Avenue study.
Mr. Plummer: That might not pass.
Mr. Rodriguez: But I mean, what I am saying this is a separate issue, but we
are recommending it. In this particular zoning case which is before you is a
private application.
that is spot zoning, and I can't imagine you recommending
Mr. Plummer: Buddy,
spot zoning under any circumstances.
Mr. Rodriguez: It is not, because they comply with...
Mr. Plummer: Where is it contiguous to what they are asking for?
Mr. Rodriguez: They have the frontage required. It is not spot zoning.
Mr. Plummer: Where is it contiguous?
Mr. Olmedillo: To the north of it.
Mr. Rodriguez: North of it.
Mr. Moynahan: Actually, it is not contiguous
RO-1/4.
and directly to the west is CR-2
Mr. Pierce: It is not spot zoning.
Mr. Olmedillo: They are requesting what...
Mr. Moynahan: This is first reading and the reason is...
Mr. Plummer: All right, you sold me. First reading, I move it.
Mrs. Kennedy: Second.
To the north
Mr. Plummer: You are going to lose on second, but we will...
Mayor Suarez: Yes, we are going to look at this carefully on second.
244
July 24, 1986
Mr. Moynahan: I understand that.
Mayor Suarez: Don't say anything else. 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 2564-2574 SOUTHWEST 27TH LANE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS-
2/2 ONE -FAMILY DETACHED RESIDENTIAL TO RO-1/4
RESIDENTIAL -OFFICE, BY MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 43 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
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.
0-240
76. SECOND READING • APPROXIMATELY0NING ATLAS 1920-2990 N.W. AMENDMENT 1PLFROMPCG-2/7TTOYRG92/5.
N.W. 20 STREET,
Mr. Pierce: Could we do PZ-10?
Mayor Suarez: What is it?
Mr. Pierce: Second reading.
Mr. Olmedillo: This is second reading, change of zoning from CG-2 to RG-
2/5...
Mr. Plummer: Who is the applicant?
Mr. Olmedillo:... and this is on 20th Street.
Mr. Plummer: Who is the applicant?
Mr. Pierce: Dade County Schools.
Mr. Olmedillo: H.U.D.
Mr. Pierce: Change of zoning.
Mr. Plummer: Ain't doing us no favors!
Mr. Olmedillo: Excuse me, the Planning Department is the applicant.
Mr. Plummer: Defer it until the 25th.
Mayor Suarez: That is included with the rest of the other items we are
continuing until the 25th?
245
July 24, 1986
Mr. Plummer: Right.
sing project, they just own a little piece.
Mr. Pierce: Yes, but this is a hou
Mr. Rodriguez: It is a housing project.
Mr. Pierce: It is a housing project, one of the low cost housing development.
It's a H.U.D. thing really, the School Board just owns a piece of it.
Mayor Suarez: You really had me worried, being around here all this time,
Bob.
Mr. Pierce: Turn key project, it's not for housing.
Mayor Suarez: You are not really worried about PZ-4?
Mr. Plummer: I will move PZ-10.
Mr. Pierce: Thank you.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. You have to read this thing.
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 190-240 NORTHWEST 20TH STREET AND
APPROXIMATELY 1920-1990 NORTHWEST 1ST FLORIDA,E (MORE
SIDES OF 1ST PLACE), MIAMI,
PARTICULARLY DESCRIBED HEREIN) FROM CG-2/7 GENERAL
COMMERCIAL TO RG-2/5 GENERAL RESIDENTIAL; MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGES 21 AND 23 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500, BY REFERENCE CONTAINING AIPTION IN
REPEALER
ARTICLE 3, SECTION 300, THEREOF;ON
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of June 26, 1986,
was
On motion of
taken up for its second and final reading by title and adoption• ordinance was
Commissioner Plummer, seconded by Commissioner t tlee and passed and adopted
thereupon given its second and final reading by
by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10142.
c record and
The City Attorney read it le to the members of the City iCommission and
announced that copies were ava
to the public.
246
July 24, 1986
-' AL. fLP.:r.�1:w AND Z::iil:w 11L;, :'i,Ji 1F.t.L:� Lit � �Itii- v/uL
71. C.,,NI.LINU TIO1 , OI
TO SEPTEMBER 25, 1986.
Mr. Rodriguez: Mr. Mayor, I want to withdraw on the record, PZ-4 and PZ-5.
They are not required under the latest amendment of the legislation, the Glick
bill.
Mayor Suarez: They are enlightened, all right.
Mr. Plummer: That is the best item we have handled all day.
Mayor Suarez: Really. The rest of the items then, are continued...
Mr. Plummer: All right, Bob, wait a minute, what is PZ-9?
Mr. Robert Traurig: No, I just wanted to make sure it didn't get read.
Mr. Olmedillo: The Comprehensive Plan.
Mr. Plummer: Well, if he doesn't want it at all, let's talk about itl
Mayor Suarez: Please move to continue the rest of the items.
Mrs. Kennedy: I move them to September 25th.
Mayor Suarez: Seconded, Commissioner Plummer. Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 86-657
A MOTION TO CONTINUE ALL PLANNING AND ZONING ITEMS NOT
TAKEN UP ON THIS DATE TO THE CITY COMMISSION MEETING
PRESENTLY SCHEDULED FOR SEPTEMBER 25, 1986.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
THERE BEING NO FURTHER BUSWM TO COME BEFORE THE CITY COMMISSION. THE
MEETING VAS ADJOURNED AT IWO P.M.
rr _
CIS'Y OF ivm
m!
DOCUMENT
INDEX
DOCLMEf1T IDENTIFICATION
CO -DESIGNATE S.W. 28 TERRACE BETWEEN S.W.
27 AVENUE AND DIXIE HIGHWAY (U.S. 1) AS
S.W. 28 TERRACE AND MIDDLE STREET; ETC...
CO -DESIGNATE S.W. 4 AVENUE BETWEEN S.W.
8 STREET AND S.W. 2 STREET AS "JUAN GUALBER-
TO GOMEZ BOULEVARD"; ETC....
AUTHORIZE AN INCREASE IN THE CONTRACT AMOUNT
OF $430,528. WITH P.N.M. CORPORATION (JANUA-
RY FOR THE CONSTRUCTION OF BAYFRONT PARK
REDEVELOPMENT PHASE II; ETC....
ACCEPT THE BID OF EPSARY FOUNDATION CO.
($63,500.00) FOR SLIP 3 - MOORING PILE
INSTALLATION.
APPROVE IN PRINCIPLE APPLICATION OF PROJECT
DEVELOPER "1469 N.W. PARK PLAZA CORP."
FOR THE CONSTRUCTION OF "CIVIC PARK PLAZA
PROFESSIONAL OFFICE BUILDING"; ETC.....
AUTHORIZE PURCHASE OF 4000 LINEAR FEET
OF DUCTILE IRON PIPE AND FITTINGS UNDER
METROPOLITAN DADE COUNTY CONTRACT FROM
THE MIAMI-DADE WATER AND SEWER AUTHORITY
($120,000.).
ACCEPT THE BID OF ROBERT MCINTYRE DBA M
& B LAWN SERVICE COMPANY FOR FURNISHING
LOT CLEARING SERVICES AT 4861 N.W. 7TH
STREET TO THE DEPARTMENT OF SOLID WASTE
($5,500.00).
ACCEPT THE BID OF JIM PROSSER ENTERPRISES,
INC. FOR FURNISHING ONE (1) AALADIN 45-
530D HEAVY DUTY PRESSURE CLEANER TRAILER
AND HOT WATER TANK TO THE DEPARTMENT OF
SOLID WASTE ($10,835.00).
AUTHORIZE CITY MANAGER TO EXECUTE THE ATTACHED
AGREEMENT WITH THE BOARD OF DIRECTORS OF
MEDICAL ARTS TRAINING CENTER, INC. (M.A.T.C.).
MEETING DATE
JULY 24, 1986
COMMISSION RETRIEYAI
ACTION An CODE NO.
86-598
86-599
86-601
86-604
86-605
86-607
INDEX
0 T_ C NUED
N I
rM.19SION
D�.�Kt iD:rrtTs�stATSON
GRANT BEER AND WINE PERMIT FOR W.Q.B.A.
FOR SUPER Q. BEACH PARTIES (AUGUST 10 AND
SEPTEMBER 7, 1986) IN VIRGINIA KEY, PROVIDED
REQUIRED PERMITS ARE OBTAINED.
RATIFY/APPROVE/CONFIRM CITY MANAGER'S EM-
PLOYMENT OF ELLIS-SNYDER ASSOCIATES INC.
FOR ADDITIONAL PROFESSIONAL SERVICES/WORK
ON DINNER KEY MARINA RENOVATION AND EXPAN-
SION PROJECT PLANS.
CONTINUE ANNUAL LICENSE FOR COGEN SOFTWARE
($8,000.) AND XGEN SOFTWARE ($5,000.).
ACCEPT URBAN DEVELOPMENT ACTION GRANT
($615,000.00) FOR HOUSING AND URBAN DEVELOP-
MENT FOR THE ACQUISITION/REHABILITATION
AND CONVERSION OF 21-STORY CONGRESS BUILDING;
ETC....
ENDORSE DEVELOPMENT OF FLORIDA HIGH SPEED
RAIL PROJECT, WITHIN DOWNTOWN AREA LINKING
THIS SYSTEM WITH THE METRORAIL AND METRO -
MOVER TRANSPORTATION SYSTEMS.
RENEW LEASE WITH BURROUGHS CORPORATION
FOR ONE HUNDRED B-20 MICROCOMPUTERS AND
SEVENTY-FIVE PRINTERS, ETC....
AUTHORIZE CITY MANAGER TO EXECUTE FIRST
AMENDMENT TO AMENDED AND RESTATED LEASE
AGREEMENT WITH BAYSIDE CENTER LIMITED PART-
NERSHIP FOR THE BAYSIDE SPECIALTY CENTER
RETAIL PARCEL.
AUTHORIZE CITY MANAGER TO EXECUTE FIRST
AMENDMENT TO SUPPLEMENTAL AGREEMENT WITH
MIAMI MOTORSPORTS, INC. AND BAYSIDE CENTER
LIMITED PARTNERSHIP TO REFLECT RELOCATION
OF GRAND PRIX RACE COURSE OUTSIDE OF BAY -
FRONT PARK.
AUTHORIZE CITY MANAGER TO EXTEND PROFESSIO-
NAL SERVICES AGREEMENT WITH VINCENT E.
GRIMM JR. FOR WORLD TRADE CENTER PROJECT.
86-611
86-612
86-613
86-614
86-615
86-617
APPOINT: LIDIA TRADO TO SERVE AS A MEMBER
OF THE CITY OF MIAMI YOUTH ADVISORY COUNCIL.
IDENTIFY/DESIGNATE FUNDING SOURCES FOR
CAPITAL IMPROVEMENTS TO CITY PARKS. DISCUS-
SION OF BAYFRONT PARK.
ALLOCATE $30,000. IN SUPPORT OF THE COM-
MUNITY SERVICES PROGRAM OF METRO MIAMI
ACTION PLAN.
ALLOCATION OF FUNDS FOR CERTAIN SOCIAL
SERVICE AGENCIES FROM COMMUNITY DEVELOP-
MENT BLOCK GRANT FUNDS; NAMING CERTAIN
AGENCIES TO RECEIVE ANY ADDITIONAL FUND
BALANCE.
AUTHORIZE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH DAVID PLUMMER AND ASSOCIATES,
INC. TO PROVIDE PROFESSIONAL AND TECHNICAL
SERVICES FOR ASSISTANCE IN PREPARATION
OF APPLICATION FOR DEVELOPMENT OF OVERTOWN/
PARK WEST REDEVELOPMENT PROJECT.
CREATE A COMMITTEE AND APPOINT: JACK EADS,
JOANNE HOLSHAUSER, REV. HENRY NEVINS, TONY
PAJARES, LARRY PERL, J. J. SHEPARD AND
MONTY TRAINER TO SERVE ON SAID COMMITTEE
TO STUDY AN INTERIM EXHIBITION CENTER IN
CITY OF MIAMI; ETC...
PLACING MERRILL-STEVENS DRYDOCK CO. ON
NOTICE THAT CITY IS CONSIDERING A FUTURE
USE OF DINNER KEY AREA PRESENTLY OCCUPIED
BY SAID FIRM.
APPROVE ISSUANCE OF A REQUEST FOR PROPOSALS
FOR A DAYCARE FACILITY AT MUNICIPAL GARAGE
NO.5 270 N.W. SECOND STREET.
86-619
86-621
86-622
86-625
86-627
ALLOCATE $50,000. TO ST. JOHN'S COMMUNITY 86-629
r DEVELOPMENT CORPORATION FOR ITS PROJECT
OF ASSISTANCE AND TRAINING TO HOUSING DE-
` VELOPERS.
_
CLOSE STREETS DURING SPECIFIED HOURS FOR
1986 COCONUT GROVE JAYCEES HALLOWEEN FES-
TIVAL. ALLOW THE SALE OF BEER/WINE FOR
A THREE-DAY PERIOD IN CONNECTION WITH SAID
FESTIVAL (OCTOBER 31, AND NOVEMBER 1 AND
2, 1986).
86-635
OCUNIENTINDEX
CONTINUED-
jD::vbcwT tD: iruATJON
AUTHORIZE CITY MANAGER TO SUBMIT AN ADDEN-
DUM TO THE APPROVE GRANT PROGRAM FINAL
STATEMENT TO HOUSING AND URBAN DEVELOPMENT
REQUESTING INCREASED FUNDING ($2,030,000.)
FOR COMMUNITY DEVELOPMENT PROGRAM.
AUTHORIZE CITY MANAGER TO AMEND FOR A FOURTH
TIME THE CONTRACT (AUGUST 23, 1985) WITH
MIAMI DADE TRADE AND TOURISM COMMISSION,
INC. (MDTTC) TO INCREASE ALLOCATION ($37,500. ).
STIPULATING AGENCY MUST RESOLVE AUDIT ISSUES.
ALLOCATE $48,000.00 TO COVER COSTS AND
EXPENSES WITH THE ACQUISITION OF CONSULTANT
SERVICES OF A CRISIS COUNSELOR FOR THE
POLICE DEPARTMENT.
CLAIM SETTLEMENT: RANDY RANDALL, $220,000.00.
ACCEPT THE BID OF TREE MASTERS, INC, FOR -
MAIN LIBRARY - DEMOLITION ($88,444.00),
ETC....
ACCEPT THE BID OF DOSADA, INC. FOR MIAMI
STADIUM - PRESS BOX RENOVATION ($88,444.00).
AUTHORIZE CITY MANAGER TO STABLISH MILLAGE
RATE FOR CITY OF MIAMI FOR FISCAL YEAR
(OCTOBER 1, 1986 TO SEPTEMBER 30, 1987).
AUTHORIZE EXECUTIVE DIRECTOR OF DOWNTOWN
DEVELOPMENT TO STABLISH MILLAGE RATE FOR
DOWNTOWN DEVELOPMENT DISTRICT.
SCHEDULE SPECIAL ELECTION ON NOVEMBER 4,
1986 FOR CHARTER AMENDMENT PROVIDING FOR
AN INCREASE IN COMPENSATION FOR MAYOR AND
COMMISSION.
ACCEPT THE PLAT MORNINGSIDE ELEMENTARY
SITE.
86-637
86-645
86-647
86-651
86-652
OCUMENT NDEX
CONTINUED
D:;UpL`KT IDENTIFICATION
CLOSE/VACATE/ABANDONE AND DISCONTINUE THE
PUBLIC USE OF S.W. 2ND STREET EAST OF S.W.
50 AVENUE.
APPROVE GUIDELINES FOR IMPLEMENTATION OF
FIRST SOURCE HIRING ORDINANCE.
SCHEDULE SPECIAL ELECTION ON NOVEMBER 4,
1986 FOR PROHIBITING SALE OF LEASE OF CITY
OWNED LAND UNLESS ADVERTISED 90 DAYS PRIOR
AND AT LEAST THREE PROPOSALS ARE RECEIVED
FROM PURCHASERS OR LESSEES.
86-653
86-655