Loading...
HomeMy WebLinkAboutCC 1986-04-22 MinutesI a CITY OF mi m * INCORY )R:�TEii 18�96 Q OF MEETING HELD ON APRIL 22, 1986 (PLANNING & ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK .CITY HALL MATTY HIRAI City Clerk INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA APRIL 22, 1986 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. WATSON ISLAND M-86-294 1-38 4/22/86 2. PRESENTATIONS TO: (1) HIGH SCHOOL PRESENTED 38 SILVER KNIGHTS AWARD WINNERS. (2) 4/22/86 LILLIE TAYLOR. 3. DEFER CONSIDERATION OF PROPOSED M-86-295 38-40 LOCAL BOND COUNSEL FIRM FOR 1986 4/22/86 SALE OF GENERAL OBLIGATION BONDS OF THE CITY. 4. DISCUSSION OF COMMUNITY DEVELOPMENT FIRST 41-53 BLOCK GRANT (TWELFTH YEAR) (SEE READING LABEL #6) 4/22/86 5. A -SUBMIT GRANT PROGRAM FINAL R-86-296 53-71 STATEMENT FOR COMMUNITY DEVELOPMENT M-86-297 PROGRAM DURING 1986-1987: B-SCHEDULE 4/22/86 WORKSHOP TO DETERMINE FUNDING PRIORITIES FOR 1986-1987 COMMUNITY DEVELOPMENT FUNDS FOR SOCIAL SERVICES AGENCIES; PUBLIC HEARING SPEAKERS. 6. DISCUSSION OF LA LIGA CONTRA EL M-86-298 71-73 CANCER R.F.P. FOR USAGE OF THE 4/22/86 SOUTHSIDE PARK TO INCLUDE CONSTRUCTION AND OPERATION OF A HOSPITAL. 7. BRIEF COMMENTS ON MIAMI CAPITAL DISCUSSION 74 DEVELOPMENT INC. 4/22/86 8. A -RECONSIDERATION OF LEASE WITH M-86-299 75-109 j CASINO ESPANOL DE LA HABANA FOR THE R-86-300 j LAND ON CORNER OF MARINE STADIUM ON 4/22/86 I VIRGINIA KEY. B-AUTHORIZE LEASE WITH CASINO ESPANOL DE LA HABANA FOR LAND ON CORNER OF MARINE STADIUM ON VIRGINIA KEY. 9. DENY PROPOSED ORDINANCE PROVIDING M-86-30! 109-110 FOR SPLIT PAYMENT OF REQUESTED FEES 4/22/86 FOR SPECIAL EXCEPTIONS ON ` PROPERTIES. 10. SECOND READING ORDINANCE: CORRECTION ORDINANCE - 110 111 OF SCRIVENER'S ERROR OF 2601 10099 SOUTHWEST 28TH STREET ZONING ATLAS. 4/22/86 11. SECOND READING ORDINANCE REGULATIONS ORDINANCE 111-124 FOR NON -MOTORIZED VEHICLES FOR HIRE. 10100 4/22/86 12, DISCUSSION OF IMPACT FEE ORDINANCE DISCUSSION (SEE LABEL 114) 4/22/86 13, RESCHEDULE COMMISSION MEETING OF MAY R-86-302 8TH TO MAY 7, 1986. 4/22/86 14. CONTINUE DISCUSSION AND MOTION TO M-86-303 CONTINUE PROPOSED FIRST READING 4/22/86 ORDINANCE REGARDING IMPACT FEES. (SEE LABEL #12). 15. APPROVE DARRYL SHARPTON, WILLIAM R-86-304 MANKER AND MANOLO REBOSO TO SERVE AS 4/22/86 DIRECTORS OF BAYSIDE SPECIALTY CENTER FOUNDATION. 16. SECOND READING ORDINANCE: ZONING ORDINANCE ATLAS AMENDMENT, APPROX. 577 N.E. 68 10101 STREET AND 578 N.E. 69 STREET FROM RO-3/6 TO CR-2/7 WITH SPI-9. 17. SECOND READING ORDINANCE: ZONING ORDINANCE ATLAS AMENDMENT, 3200-3202 S.W. 1 10102 AVENUE., 168 S.W. 32 ROAD AND 200 4/22/86 S.W. 32 ROAD FROM RG-1/3 TO RG-3/7. 18. CLOSURE OF S.W. 22 TERRACE, 3200- R-86-305 3202 S.W. 1 AVENUE AND 168-200 S.W. 4/22/86 32 ROAD. 19. DISCUSSION OF PARKING BOATS IN FRONT DISCUSSION YARDS. 4/22/86 124-127 128 128-129 129=130 131 132-137 138-139 139-142 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 22nd day of April, 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 1:06 P.M. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez 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. WATSON ISLAND. Mayor Suarez: This is a special session of the Miami City Commission to continue consideration of a proposal for Watson Island. Do we need to hear from the City Manager on this item at this particular point? Does the appli- cant want to... Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Plummer: If I may, because there seems to be some misunderstanding, and I want to set the record clear, first and foremost, which I think is very much necessary. As before us here today, we are not about the business today, of settling the issue of Watson Island, or no Watson Island. What we are here today, is to whether or not, this Commission, by a majority vote, feels that there is sufficient program to send to the Manager to negotiate in the same way that we negotiated with Bayside. That negotiation will probably take, if normal, anywhere from 3 to 6 months. I want to tell you, because I sat on this Commission, as did Commissioner Dawkins, that what was originally pro- posed for Bayside, and what finally came out in the final analysis, was almost an entirely new and different project, so all I want to do, is to set the record clear, because so many people are of the impression that any action we take here today would be approving or disapproving. We are doing nothing more, or nothing less, than agreeing or disagreeing to send it to the Manager for negotiation. If successful, in the future he will come back with recom- mendations, and at that time, and only at that time, will this Commission make its decision as to whether or not that which has been negotiated is good for this City or not, so I just, Mr. Mayor, wanted to set the record clear as to what the action, at best, would be today. Mayor Suarez: Commissioner. Mr. Al Cardenas: Thank you Mr. Mayor and members of the Board, my name is Al Cardenas. I am an attorney with Broad and Cassel, representing the developer, along with my colleagues, George Knox, and Tom Carlos, who are here with us as well. If I recall, the last time we met, we provided this Commission with a ld 1 April 22, 1906 presentation on the issues which we felt were at hand. Discussion ensued, and the Commissioners as well as the Mayor expressed a number of concerns. I believe that the agenda today calls for us to address those concerns that were expressed at that meeting, at which time it was decided to defer consideration on the item until we were able to get back with the requested information. Let me, therefore, deal with those items one by one, if I may. A number of concerns were expressed by Commissioner Plummer. There were six points which he addressed at the conclusion of the meeting, after hearing the proffering of our testimony, which he said were unconditional and must be met in order for him to proceed to a second stage. We had forwarded to Commissioner Plummer a letter on April 21, 1986, copy of which we forwarded to the City staff, wherein we agreed to certainly unconditionally ... we committed to uncondi- tionally move forward with the criteria established. That criteria included the minimum guarantee basically provided by Bayside, and I think to some extent, we exceeded that; to exclude the heliport, the Yacht Club, Chalk Airlines and the Outboard Club from the master lease agreement, and we pro- ceeded to do that; that there would be no transfer rights without prior approval of the City, and we addressed that issue in our letter; that we would not utilize this property as collateral for other projects, and we have certainly agreed to do that; that if casinos were approved, this matter would go back before the Commission, and the wording is in that letter, I believe satisfactorily answering that concern, and basically we believe we addressed each of the concerns he had expressed. Commissioner Kennedy had a number of concerns, also by a letter of April 21st, addressed to her, a copy of which was forwarded to the City. We have attempted to answer her concerns, most importantly, though, Commissioner Kennedy, I have here with us, Chris Bernilli, who was the vice-president for public finance for Dean -Witter, and he is going to spend two minutes dealing with the basic structure that you had expressed concern about. Commissioner Dawkins, I know that last time here at the Commission, you also expressed concern about two things, the financing aspect of the matter, which I believe Dean -Witter will handle in short order, and most importantly, the emphasis on the minority participation program that we have, and for that reason, we have here John Hall. I know that Commission- er Carollo expressed a number of concerns about the structure of this entity, and some other matters, and we are ready to answer any questions which he may have today. I would like to, therefore, bring to the microphone John Hall, who is going to address our minority participation program that we are very proud of. John. Mr. John Hall: My name is John Hall. I live at 1050 Alphonso Avenue in Coral Gables. The minority participation plan for Watson Island is a critical element in the development concept. It provides opportunities for all sectors of Miami to participate in the project, and expresses the needs and concerns of a variety of community leaders, Commissioners, and business interests, whose counsel we have sought over the last several months. Although the plan addresses both Black and Hispanic participation goals, the data we have examined overwhelming makes the point that the clear challenge will be to achieve the Black participation goals. I will not reiterate the litany of statistics we examined at detail, the disparity in the Black and the non -Black communities of Miami, but there are a few keys facts I do think deserve attention. The first, is a near absence of marine oriented Black -owned businesses in Miami. The second, is an under representation of Black entre- preneurs, and an under representation of Black -owned construction contractors with substantial bonding capacity. And the third, both in Hispanic and Black pockets of Miami, there are unemployment rates that are far higher than they are throughout the region. It is very clear that a project of the magnitude and marine orientation of Watson Development will have to have a strong minority participation plan in order to be successful. For these reasons, we have structured a plan that we believe will take full advantage of the three to four years in the predevelopment phrase, and the construction phase be- tween now and our proposed grand opening. Today, I just want to summarize briefly what the goals are, what our methodologies are for achieving those goals, and the approach we have in mind for managing and monitoring that goal attainment. First, the equity goal is set at 15 percent of the ownership, and under the equity plan, 7.5 percent of the ownership will be in the hands of Blacks the other 7.5 percent in the hands of Hispanics. 30 to 40 percent of the entire construction budget, which is projected at upwards of $100,000,000, will go to minorities. Up to 25 percent of the exposition center spaces, up to 50 percent of retail spaces, 50 percent of the construction jobs, and 50 percent of the new permanent jobs will all go to minorities. We are quite aware that some of these are stretched goals, and for that reason, we have put together ten separate components of a plan, which are interrelated in some Id 2 April 22, 1986 cases. Under business participation, there are six components. There are two outreach plans, one for construction contractors and one for tenant and concession opportunities. There is a bond guarantee fund. There is a $3,000,000 to $7,000,000 minority capital fund. There is a technical assis- tance program, as well as a joint venture program. Under the employment participation side, there are four components and two training programs, one for hotel and food service workers, to be provided by the Lindsey -Hopkins Technical Institute of Dade County Public Schools, and the other for marine product sales personnel, to be provided by the Urban League of Greater Miami. There will also be a first source agreement, as well as a tenant and referral process, which assures that they won't have trouble finding qualified minori- ties. And finally, we have put together an advisory committee, which will both help design and implement the plan over the four year period, and monitor its goal attainment. There are as well, ten separate organizations. We didn't reinvent the wheel in this process. We have marshalled the resources from ten separate organizations that are already providing quality services throughout Dade County. As I mentioned, Dade County Public Schools, the Urban League. There is also the Private Industry Council, the Business Assistance Center, the Entrepreneurial Institute, Florida Memorial College, Contractor's Training and Development Inc., Leventhal and Howowitz - a wide range of providers are already doing the kinds of things we need marshalled into one place, and that place being Watson Island. That is essentially the plan, and I would like to say that we are confident this minority plan, if adopted, can assure that the impact of Watson Island can be felt in the Black and Hispanic communities of Miami for many years to come. Thank you. Mr. Cardenas: Thank you, John, and the goals and objectives expressed by John Hall here today are a commitment from Miami Marine Exposition, Inc., to this Commission and to the City of Miami, and they will be worked along with the City Manager. Let me add, if I may, that in the whole history of the City's unified development process, as well as the history of any place in this County, as far as I know, there have never been as much ownership of minori- ties in a particular project as in this given one that we are proposing before you, and I think that the percentage of ownership amongst Hispanics and Blacks, which is by far the majority of the ownership of the project, is of historical dimensions, and I just wanted to add that for emphasis. If I may at this time, I would like to introduce Chris Bernelli, with Dean -Witter, who hopefully will answer some of your questions about our financial strategy, and specifically address the concerns that Commissioner Kennedy has expressed at the earlier hearing. Chris. Mr. Christopher Bernelli: My name is Christopher Bernelli. I am a vice- president of Dean -Witter -Reynolds, Inc. I am a member of the Public Finance Department in New York. For any of you who may not know, Dean -Witter -Reynolds is the second largest investment banking and brokerage firm in the United States. Together with our affiliate companies, we are the cornerstone of the year's financial network. We are a wholly owned subsidiary of Sears -Roebuck and Company. We are affiliated with All State Insurance, All State Enterpris- es, Caldwell Banker, Dean -Witter Realty Corp., Dean -Witter Real Estate and Housing Finance Corp., and several others. We are currently capitalized at approximately $15,000,000,000, with all of our affiliated companies. Mayor Suarez: Did you say $15 ...7 Mr. Bernelli: Billion. We, in the State of Florida, maintain 54 offices of our company. We have, I believe, 770 registered representatives in the State of Florida, representing 16 percent of our total industry within the state. We were first shown this project in mid -January. We thought that it was very exciting, and we thought that it was something that our company should take a very close look at. My department, acting as the coordinators, brought in our corporate finance department, our project finance group, Dean -Witter Realty Corp., Dean -Witter Housing and Real Estate Finance Corp., and our sister company, Caldwell Banker Real Estate Financial Services. We conducted an in- depth review of the project over a period of approximately two months. The decision was made by all the various groups within the firm that the project was exciting, feasible, eminently financiable, and that we were prepared to make a commitment to the developers for the financing of the project, and to go forward. We felt that this was really an exciting project, that the site is truly unmatched in this country, or anywhere else in the world. We thought that the developers had come up with a very unique solution, an exciting solution. Back in New York, we felt that Watson Island is really the City of Miami's jewel in Biscayne Bay, and it demands a unique treatment, a unique ld 3 April 22, 1986 t 1 I solution for development, not just another prosaic, ordinary real estate deal, and that is one of the things that got us truly excited about the project. We, as part of our review, also conducted a series of sensitivity analyses, basically tearing apart the numbers from the various studies that p had been done, and we concluded that, as I said before, and as we state in our letter, that Dean -Witter -Reynolds believes the project to be eminently finan- ciable through a combination of financing techniques, and that we are commit- ted to the project. I think that is all I need to say. If there are any questions, I'd be happy to answer them at this time. Mayor Suarez: Thank you, sir. Mr. Cardenas: Thank you Chris. I know that Commissioner Carollo, especially, and perhaps others of you, expressed concern about the development experience of the group, in view of the vast undertaking that we wish to proceed and embark upon. With us today, I'd like to mention to you in reply to that statement, that the Bechtel, the world's largest company in the development, certainly of this size and area, has agreed to be project manager. Since we spoke last time, when that announcement was made, Bechtel has again met, and they have decided that they will be a co -developer as well as provide a small portion of the equity financing, if it is applicable, and appropriate and desired by the group for them to do so. Here with us today, is Mr. Tom Mueller, who is the manager of projects for Bechtel. I wanted him to spend a minute with you, and discuss Bechtel's commitment to this project. Tom. Mr. Tom Mueller: Mr. Mayor, I am very pleased to be here from San Francisco. We have been working with Miami Marine Exposition, Inc., since September in anticipation of this time. As a brief background, not only is Bechtel a large engineering and construction company, but we do have relevant experience in projects similar to what is being proposed for Watson Island. Our background has over 15,000,000 square feet of office commercial space behind us, as well as 20,000 hotel rooms that we provided construction management and design overview experience on. Recently, we were construction manager in the imple- mentation of the Olympics in Los Angeles. We have assisted Sears -Roebuck in the remodeling of 32 of their store of the future program. We have assisted a developer in Thai Pei in bringing on line a world trade center. Currently, we have a client in Manhattan that is proposing the development of an 85-acre island there for residential uses. We have been recently commissioned by Disney to assist them in their studio tourist project for Orlando as a design builder. I could go on and on, as to the nature of work that we do, that is comparable with Watson Island. The key that I see to this particular job, and why we are interested in it, is that it is a complex, mixed use development; it requires a higher than normal level of management expertise, and I know that in our cadre of personnel, that we have the staff that we can bring to assist in the exciting implementation of this job. Thank you, very much. Mayor Suarez: I can't help but be tempted to ask you a question on the structure of the exhibit hall itself, or whatever the structure is called, and from my work for Bechtel a few years ago, whether this will be analyzed by using the finite element stress analysis system that we worked with. What is the structure of that, that tent -like structure, you know, of ... hall that you proposed for, that Bernardo has designed? Mr. Mueller: Bernardo, would you like to speak to the structure? Mayor Suarez: Is that out of concrete, or free stress, or ...? Mr. Mueller: Well, what it is, it is a ... yes, it is a structural system that supports a canvas miler filmed fiberglass canvas that takes tensile strength and tension, it takes strength and tension. It is going to require extensive amount of structural analysis in order to demonstrate its viabili- ty. We are prepared to assist the Architectonica group, in conjunction with other established consultants in the field, to prove its viability before we would actually do it. Mayor Suarez: Thank you, Tom. I'm sure that is not your expertise, but... Mr. Cardenas: Thank you. Mr. Mayor and members of the Commission, at this time, I would like to conclude our presentation today. Hopefully, we have answered the concerns expressed earlier by the members of the Commission, in the areas of minority participation, financing, the ingredients that Commis- sioner Plummer requested, and of course, the development experience concerns ld 4 April 22, 1986 that were expressed by Commissioner Carollo. In concluding, let me add that there were five categories established by you in the R.F.P., in determining and evaluating the feasibility of our proposal. The first one was experience of the team, and we have introduced Bechtel, Dean -Witter, Architectonics, Sasaki, Harrison, David Plummer, and a strong group of local folks that stand ready to answer and back up the team, and I think the experience of the team has been proven to you. The overall project design, I think the community's reaction is that it has been loved by most folks - the media, the selection committee, the support groups, and it encompasses six complimentary mixed uses, and I think that the overall project design is unique, and perhaps the strongest portion of our presentation. The financial capability and capacity and return to the City, we believe we have dealt with that last week and this week, and I think Dean -Witter has put the touch of the seriousness of this commitment and its feasibility. I believe that the minority participation program, both from an ownership, as well as from an employment situation has been well dealt with, John Hall, and I think we have made history with that program and in conclusion, I would like to respectfully request that this project be moved along to meet with the City Manager and commence those challenging negotiations. Lastly, I'd like to save time, if it is appropri- ate for rebuttal, for comments which may be made by the audience. Thank you, Mr. Mayor. Mayor Suarez: Now, just one clarification, because I believe the Commission- ers want to move on this item as quickly as possible, and we have given you about 20 minutes already, and it is a clarification for my own perspective. t It is either Pepe Hernandez, Agro-Tec, Inc., Hector Supply Company, or Hector Feed Mill, an investor in the project - those entities. Mr. Cardenas: Yes, Mr. Hernandez is. I don't believe that the entities have been announced as potential investors, but he, individually, has. Mayor Suarez: OK. now we have requests to speak on this item from Gwen Richman - are you in opposition? Gwen Richman: Yes. i� (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: Okay, Mrs. Richman. James Silvers. In opposition, Mr. Silvers? And John Clark, Dade Heritage Trust, is that in opposition? i (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: Do you want to state quickly your support, if you are support- ing it? T fMr. John Clark: John Clark, 3696 Bayview, City of Miami, past president and current chairman of Dade Heritage Trust. The reason we are in favor of the z Watson Island project, it contains the Brown House, a historic house that we moved for the City of Miami to Watson Island, and dropped a third of it, if you remember, on the Causeway. i Mayor Suarez: You recovered it, I presume? Mr. Clark: We recovered it, yes, sirl It is the best example of good, histor- ic preservation It is an adaptive reuse of a historic structure. Until just a few years ago, as preservationists, we would stand in front of the wrecking ball and ask that you don't destroy this building for historic reasons. Now, we look for adaptive reuse to make a historic structure a viable part of an overall development. The Brown House sits on Watson Island. It will be used. We have plans for a marina, maybe the dockmaster's office. In other words, the project now, with the addition of the Brown House, we will have a historic structure, which is right next to the Japanese Gardens, which architectural- ly, although the Brown House is not Oriental, it resembles Oriental architec- ture with the curves of the roof line, but it is a viable economic entity. This will increase the tax base of the City of Miami, that is why the 900-plus dues paying members of Dade Heritage Trust, are in favor of the Watson Island Project. Thank you very much, your honor. Mayor Suarez: Thank you for your comments. Do you have additional groups that just want to state briefly their support? Very briefly, please. ld g April 22, 1986 k\ F -.. i 1 Brakes, executive director of the Mr. Richard Brakes: My name is Richard Marine Council. We would just like to underscore the position we took one S year ago, in supporting the concept of this Watson Island Project. Thank you. Mayor Suarez: Thank you, very much. Mr. David Ray: I am the president of Greater Miami Marine Association, a member of the Marine Council, and also a new member of the Waterfront Board, although I do not speak for them. I will tell you that since I moved here in 1948, I think this is the most exciting project I have ever seen, and I think it will be great for the community, great for our industry, and I also think it will be great for the residents. Thank you. f Mayor Suarez: Thank you for your statement. Mr. Tom Trump: My name is Tom Trump. I am past commodore of the Miami Yacht E Club. I wanted to speak in behalf of the project. We support it in concept. Initially, we were somewhat disappointed that the Yacht Club was not included t in the original plans; however, since then, we have had numerous meetings with Mr. Meyer and his representatives, and he has assured us that the Miami Yacht Club will continue to exist on the island. It will be enhanced. We have his commitments that he will fully support our programs and I am sure he will, and our problem, of course, in the last few years, is that we haven't had a lease with the City, and we would certainly ... we would appreciate some security j there on the island. We need that to renovate and improve our existing facilities, which we hope to do, and by so doing, we can continue to serve the community, with our sailing programs, with our numerous regattas that we sponsor, and various programs that we have at the club for the community as a whole. So, we support the project in concept, and we look forward to working with the developer, or with the City, as the case may be, so we can continue to exist here and serve the community. Thank you. + j Mayor Suarez: Thank you for your statement. By the way, we have got a letter that Commissioner Plummer has brought to my attention, sent by Counselor ' = Richard G. Taylor, regarding the yacht clubs in support of the Watson Island Project. It doesn't seem clear that he speaks on behalf of either of the two yacht clubs out there, so we will just submit it for the record. I presume <.;H= that was the intent. 3 Mr. Frank Dawkins: Mr. Mayor, my name is Frank Dawkins from Allied Black Contractor's Association. We support the project and we respectfully recom- mend that you approve it. We have met with the project sponsors, and they have given us all the indications that they will be dealing fairly with the Black contractors and the Black community. We have had experience, at Bayside Y t` where, we got nothing, but these people have come in and given us iron -clad T 7y guarantees that we will get something from it, so we would strongly recommend that you approve this project. ' Mayor Suarez: You said Dawkins, right? Is it spelled the same way as...? �[x Mr. Frank Dawkins: Yes, Frank Dawkins. s Mayor Suarez: No relation? Mr. Frank Dawkins: No relation. In fact, down way back, after we come out of slavery,......., but not before. Mr. Bernie Headings: My name is Bernie Headings. I represent the Miami Outboard Club, and I fully recommend the Miami developers on this island. We do a lot of community work. They have offered us a lease, which we could never get from the City. Hopefully, one day we could get one from the City, but so far, we haven't, and we have a very lucrative lease, and I fully recom- mend the development of the island. Mr. Plummer: Let's make the record very clear, sir - to you and to the gentlemen who spoke from the Yacht Club - your agreement with the developers of Watson Island has nothing to do with your lease from the City. If you get adopted by them as part of their master plan, and you make peace with them, that is fine. But, in no way, shape, or form, have you made any agreement with the City of Miami as to your lease, so I don't want you walking away thinking that if this approved, you automatically got your lease. That is not the case. ld 6 ,April 22, 1986 Mr. Headings: No, I understand that. This is just an agreement with the developers we made, if they do develop the island. Mr. Plummer: If the day ever comes that you get a lease, you have got to deal directly with the City. Mr. Headings: I understand that. Mr. Plummer: Fine. Mayor Suarez: Does that complete the presentation? Mr. Douglas McKenna: No, almostl Mayor Suarez: Almost. Mr. McKenna: I am Douglas McKenna, President, Allied Minority Contractor's Association. We support it, because we feel that it would bring jobs to our community, and we have worked with Mr. Hall. So far, he has given us assur- ance that we will participate on this project, therefore, we wholehearted support it. Thank you. Mayor Suarez: Please, the opponents? Looks like you go first. Mrs. Gwen Richman: Looks like it - ladies first. I am Gwen Richman. I live on Palm Island on Miami Beach. I did live in Coconut Grove. I have a lot of interest in the community. My husband works downtown at One Biscayne Tower. Living on Palm Island, I am coming here as a private citizen. I am also coming here as a representative to the Palm, Hibiscus, and Star Island Associ- ation. I am vice-president. The president of the association will be speak- ing next. I cannot... Mayor Suarez: Who is your husband? Mrs. Richman: Gerald Richman, I don't believe you know him. Mayor Suarez: Oh. Mrs. Richman: The reason I am here - I do my shopping in Miami. I go to doctors. I use the banks. I use everything on Miami. I don't really spend that much time on the beach, other than my island. My husband and I bought this home because he can work and live three miles apart. If you have such a project as this, I would like to see exactly what you are doing regarding the traffic control for boats and automobiles. When the Grand Prix Race was going on, it took me three hours to go to a Publix grocery story - three hours! None of you are looking at how anyone coming from the beach is involved in any of this. I don't know what your traffic studies show, I'd like to get a hold of them. The boats also - I am stopped a minimum of five times a week by the bridge, and I don't go out much, I have two children under two years old. My husband, who works downtown, feels it is necessary, because of the bridge, currently, without any of this additional traffic, to get a car phone, because he is held up so much. Do you have current records of what they project their boat traffic from 300 boats, what this will do if it is in this area? As I understand, the project is to hold•300 boats. What is this going to do to the bridge? Who is paying for the new roads to accommodate the people that are living that way. I think that all of you should feel that you will be respon- sible, and these gentlemen, if there are any people wanting to use Jackson Hospital - the poor Blacks in the area coming from South Beach, the economi- cally poor Anglos and Latins - if they can't get over to Jackson Hospital because it takes them two or three hours because of this bridge, you will all be responsible ... should the City Commission and the Mayor's office, and the City Manager have to fight those kind of lawsuits, I hope you get them, if you pass this! Just because there was a little holdup, and traffic was diverted less than 30 days ago, people had to go on Venetian Causeway, it took 45 minutes to get people from Hibiscus Island, a girl to go to work to get to Omni ... 45 minutes! That is without the traffic that this monster will have. Now, this sounds like a wonderful development. I think that all of the people are ... it does sound financially sound. I am not a business person, in that aspect, but the road currently just cannot take it. I would like to also mention even .., were any of you at the Grand Prix, and driving across the bridge at that time? id 7 April 22, 1906 Mayor Suarez: I went by on the Saturday where I was not going to the Grand Prix, and it was a royal mess that was created there, and your suggestions or remarks on that point are very well taken from my perspective because I saw what they did there. I have no idea why we have to use Watson Island at all for the Grand Prix. Mrs. Richman: No, I think it is a shame, but to me it gives an indication of what could happen with this. I don't know the name of it, there was some Latin festival with Ferris wheels and so on, about the same time. Anyone trying to leave that festival to get onto the causeway had an impossible time. You will have to put traffic lights there. That will further delay every- thing. You don't have a road that can handle this kind of business. I did read this article. Mayor Suarez: I believe the concept is not to use traffic lights. I may be wrong on that, but the transportation... Mrs. Richman: It will not function without it. Mayor Suarez: Well... Mrs. Richman: It will not function without it. You can't get people on and off that in that quantity. Mayor Suarez: In fact, I believe the concept will actually enable the people to go from one side of the causeway to the other, without having to interrupt traffic on the causeway at all. I still have my own concerns about traffic, but... Mrs. Richman: I can say that it backs up to Palm Island several times a week, under the current traffic, and you are not adding whatever this will bring. I think that everyone involved... Mr. Plummer: Can I ask you a question? Mrs. Richman: Yes. Mr. Plummer: Do you live on Miami Beach? Mrs. Richman: Palm Island. Mr. Plummer: Okay, Palm Island, because, as you speak of the Grand Prix, the use of Watson Island, and only as far as Watson Island, was for parking, and I will tell you, it was not successful because... Mrs. Richman: Horriblet Mr. Plummer: Because we only had a total at best, of 600 cars on the big Sunday, and all the other three days of racing, there were under SO cars. I would hope that you would go and voice just as loud, and just as strong, the problem that you had on that particular day was not the Grand Prix. The problem you had was the 7 day boat show on Miami Beach, that created all of the traffic coming east, and I would hope you would go just as loud and just as strong, to the Miami Beach City Commission to allow the boat show to be in progress, and to be on, because that is where that traffic was generated from coming east. It wasn't the Grand Prix. Mrs. Richman: The traffic was also going west. I can assure you... Mr. Plummer: I am sorry, you are correct. It was all coming west. That going east only went as far... Mrs. Richman: No, it was backed up past Palm Island. Mr. Plummer: Yes, Ma'am, and that was coming from the boat show on Miami Beach, okay? Mrs. Richman: At 9 in the morning? Mr. Plummer: Yes, Ma'am. ld 8 April 22, 1986 Mrs. Richman: Coming from boat show at 9 a.m.? Mr. Plummer: Yes, Ma'am. Okay, 7 days of boat show, so I would hope, that your objections, well taken, all right?... Mrs. Richman: This is a two weekend project. Mr. Plummer:... that you would go to your council on Miami Beach and tell them to stop that boat show, because it is creating a problem for you in traffic, and I am just saying that, because that happened to be the truth. None of the traffic from the Grand Prix went any further than Watson Island, going east, because they were going there to park, and it was a total failure, and it won't happen again, I assure you of that. Mrs. Richman: Going west. Mr. Plummer: Going west, it was all the traffic coming from the Beach. Mrs. Richman: The traffic was backed up at one point, almost to the airport, and I was there. Mr. Plummer: Well, that could very easily be. I 'i Mrs. Richman: Okay, and that was going to the Grand Prix. Mr. Plummer: No, it was not. Some of it was. Most of it was going to the Beach. Mrs. Richman: I was there all weekend, both weekends. Mr. Plummer: So was It Mrs. Richman: All right. Having read the article yesterday, Mayor Suarez, I don't mean to point out anything negative toward you.. q�T 1 Mayor Suarez: Other than what the article says, right? �A Mrs. Richman: Yes, I came because I read it, and it kind of got my curiosity 1� v up as to exactly what was happening here. I hope that you all are not rail- roading this through. It seems like that is precisely what is happening. fi There hasn't been enough attention given to people to come. To me, this `h}`4 should be a night meeting so that working people that also have an interest, fi¢f and the Beach side that would be involved with this, could come and speak. To name just a few of the people I spoke with this morning that were unable to attend that wanted to, first, there is my husband; Dan Paul and other attor- neys; Padro Adrian is the tenth largest builder in Dade County right now. He Hai is building a 12,000 square foot home next to me. I believe he has been in your office recently, Mayor Suarez, just regarding, or he has tried to get wt,k{ appointments. He does not like the bridge situation as it is, without this additional traffic. �} � y L S A �1M1 ae k�= Mayor Suarez: You know, Gerald would not advise you to go into triple hearsay { here, but, if you... Mrs. Goodman: I talked to him this morning, and this is what... Mayor Suarez: If you wish to do it, go ahead. �} Mrs. Goodman: ... Mr. Adrian... i Mayor Suarez: I don't know anything about Padro Adrian coming by my office, ' but he is welcome to come b anytime he wants to. Y Y Mrs. Goodman: He said he has been by your office. I talked to him not two hours ago, okay? Mayor Suarez: That is fine. He is welcome any time he comes. Mr. Plummer: Did I understand you to say Dan Paul? Mrs. Goodman: Yes. ld 9 April 22, 19$6 Mr. Plummer: Oh, Ok, because, for the record, Dan Paul was a member of the evaluation committee, and voted for this project - just for the record, and I am assuming what you are saying, is if in fact, he was going to be here, he would have voted and spoke in behalf of the project, because as a member of the committee, which unanimously approved this project, he was a member. Mrs. Goodman: He said this morning that he feels there is a traffic problem that will result from this that he would not like, :ntl he has spoken out on this. Mr. Plummer: I can only tell you what the record reflects. The committee report, they unanimously voted for the project, and he was a member of the committee. I would assume, knowing Dan Paul as I do, he doesn't any problem with filing a minority report, and there was no minority report. Mr. Dawkins: I have one question. Could you clear up for me, the relation- ship that you mentioned between poor Blacks not being able to reach Jackson? Mrs. Goodman: That is a public hospital. It is the nearest public hospital, as I know it. If they were needing medical attention, if any of the elderly on Miami Beach had a heart attack, or any other reason where they would be needing medical attention from a hospital such as Jackson, how are they going to get there, if there is massive traffic tie ups? Mr. Dawkins: OK, elderly people, most of them have Medicaid and Medicare, therefore they would be acceptable at Mt. Sinai. My problem with what we are saying is, how many poor Blacks live on Miami Beach that need to get over here, and how many poor Blacks live on Star Island that need to get over here. If we are going to address this issue, that is the one I am concerned about. Mrs. Goodman: I can tell you this, because there was some help on my island that was locked in when the house came off the bridge, they had no access, even off. Mr. Dawkins: But, see, I am only interested in the statement and I want you to help me clear it up... Mrs. Goodman: All right. Mr. Dawkins: ... is the number of poor Blacks, coming from Star Island, who will need to get to Jackson -Memorial. Mrs. Goodman: I am talking about South Beach. Mr. Dawkins: Oh, all right. Mrs. Goodman: I believe if you check the record I said South Beach. If I didn't, I meant to. Mr. Dawkins: All right. I am clear. I just wanted to be clear, that is all. Mrs. Goodman: Oh, no, I understand what you are saying, that is why I men- tioned South Beach and that group of people needing the hospital, vs. the island people, because I think it is an entirely different situation. I think it is something that people aren't addressing, because I know that is where all the... that is the public hospital! Anyway, I think this should be postponed until you can hold a night meeting where people can come out that really object to it. There was not enough notice given to anyone in our area that we could object to this from the viewpoint of the traffic and whatever it would create. If there were not a traffic problem from this, it would be different. They can't tell me that the boats in that quantity are not going to cause a problem. Mayor Suarez: That point on the night meeting is very well taken. If we were to approve this today, or if this Commission were to approve negotiations of the lease and come back to the Commission for final approval, I would think that it would be possible to hold it in the evening so the people could raise whatever complaints they had. Mrs. Goodman: I do have one more... Id 10 April 22, 1986 Mayor Suarez: We have that same problem constantly on other hearings. Are you going back to the article again? Mrs. Goodman: I have one question on this. This does seem, and I just like to ... I don't always believe everything I read, but I did wonder one thing. Mayor Suarez: Please don't believe that article! Mrs. Goodman: This appears as though you will not be taking a stand today. You don't remember me, but I was the treasurer of the Coconut Grove Republican Club when you came to speak several years ago, and at that time I lived in Coconut Grove and voted for you, and I voted for you because you said at that meeting that you were not in favor of developing Watson Island, and I just wanted to refresh your memory that you did say that, and I really admired that stance. Thank you. Mayor Suarez: I was absolutely opposed to the amusement park idea for Watson i Island. Mr. Carollo: That was thenl Now is nowl Mr. James Silvers: My name is James Silvers. I am the president of the homeowner's association over on Palm, Hibiscus, and Star Island. Gwen has reviewed with you a lot of different concerns that we, as residents, have, as j Dade County residents, on such a project of this magnitude. We hope that, I after this deliberation and your vote, that a comprehensive review is made, ? not only within your City administration, that also Dade County, and the South j Florida Regional Planning Council, and the D.R.I. committees, review this project of this magnitude. It is very concerning to me that a project that has a structure proposed that is twice the size (600,000 square feet), twice the size of the present Miami Beach Convention Center, to be located on a small, isolated parcel as Watson Island, creates a lot of concerns for our residents over on the islands, and I believe that not only the traffic, but the potential congestion and density of the type of project, and also the 7 F marine density that is proposed for over there will trade a negative impact on the marine life style as a bay on the bay, and also, the traffic. I am sure that the group that is proposing the project is a fine group of professionals, and that hopefully, that this project is carefully scrutinized on its size. We feel that a project that is developed on Watson Island, should be developed only for the sake for what is needed over there, and not over build it, and ' that is why we are here today to voice our great concerns, and the way the project is planned now, it scares the residents in the area on the impact, and .y h also, there is a great concern for the people that either work on the Beach, "`. or live on the Beach. If they work on the Beach, and live in Miami, the congestion, and the traffic problems created by this type of project. Mayor Suarez: Thank you. Gwen, I forgot to mention that I have a statement already drafted in response to that, and it is available in my office, and hopefully will be in tomorrow's Miami Herald — if not, the next day. Mr. Dawkins: When are you going to learn to quit reading and writing x� g about the stuff the Herald prints? Mayor Suarez: Against the better advice of Commissioner Dawkins who tells me never to answer the Miami Heraldl Mr. Dawkins: Don't answer none of theml Mayor Suarez: None of them: Mrs. Gloria Roselo: My name is Gloria Roselo. It seems like everyone here is talking about a professional point of view. I come here to talk about the people that vote in the City of Miami, and they are guaranteeing a million dollars annually, which is 2.5 of the income, after the project is finished. If we sell that property cheap, just, you know, $400,000,000, and they will start to pay right away taxes on that, it will be around $6,000,000 annually, which the City will receive $3,000,000, and I think this should go to a referendum of voting, so the people that vote in the City of Miami should have a say about this the same way that did it with Monty Trainer's, because this is a very, very, big project that we are talking about. We are not talking about cents, we are talking about millions of dollars, and I think the City of Miami and the voters that vote for all of you that are up there, should know exactly what is going on. Thank you. ld 11 April 22, 1986 Mayor Suarez: Thank you for your statement. Very briefly, Al, if you are going to rebut. Mr. Cardenas: Yes, very briefly, Mr. Mayor. Mr. Carollo: Excuse me, Mr. Mayor, Mr. Cardenas, Mr. Fannatto, as I mentioned the last time we met on this issue, I don't think an item as important as this, an item, Mr. Mayor, that should be rushed, as you are trying to rush use particularly when you stated, as I understand it, that you don't intend to vote on this. Now, if we need to expand the time for this, then we should do it, but this item is just too important for the City of Miami, for you to try to rush it today. Mayor Suarez: Ernie? Mr. Ernie Fannatto: Ernie Fannatto is my name, and I am president of the Taxpayer's League of Miami and Dade County. I am for the project, provided that you are fair with the taxpayers and voters of the City of Miami Beach and the City of Miami in this respect - this should be governed, the traffic should be controlled by traffic lights, otherwise you could stay there a half hour, sometimes 40 minutes. Working people want to get home from work. They do work on the Beach. They come to Miami. Miami people go on the Beach. Tourists come both ways. They don't want to stay here waiting and waiting - they just won't come back. I think the people own the government, the people finance the government, you only represent the government. The final say should be voted on in September, as far as I am concerned, and let the people vote. I will abide by the wishes of the people, and they should have the final say. If you want to do it this way, you are railroading it through against the wishes of the people. I also want to say, what kind of a perfor- mance bond do we have as security as completion on time? I would like to have that question answered. Mr. Plummer: That will be decided in negotiations. Mr. Fannatto: What is that? Mr. Plummer: It will be decided in negotiations if it goes to negotiations, Ernie. Mr. Carollo: Ernie, don't ask any questions, because everything you ask is going to be decided in negotiations. That is the message that I am getting, anyway. Mr. Fannatto: In negotiations? Mr. Carollo: Yes, whatever that means! Mr. Fannatto: Well, I think the public should have a right to know, before negotiations take place. Mr. Carollo: Well, you better believe the public has a right. Mr. Fannatto: Thank you, Commissioner, and I sincerely mean that, don't take the case in your hands, because the people own the government, they finance it, let them do the voting. You can railroad it through, but you won't be abiding by the wishes of the people. Remember, the people have the last say. Thank you. Mayor Suarez: Thank you, Ernie. Mr. Cardenas: If I can, Mr. Mayor, very quickly on two issues - the issues of public hearing. This is the fifth public hearing that we have on the subject of Watson Island. When the matter of the master lease negotiation will come before you, it will be the sixth public hearing. We have had three public hearings before the Selection Committee. At that time, the City of Miami, the Selection Committee decided to hire its own reputable statewide, nationwide, known traffic consultant on the issue of the traffic, and that traffic con- sultant reported to the City favorably in the traffic plans. There was testimony taken from representatives of the Miami Beach Island. At that time, Dan Paul was present and made a number of inquiries as to the traffic pattern. If I may, and if you have any questions as to the subject, David ld 12 April 22, 1986 Plummer, our consultant, is here. I think, in the words of the City's own independent consultant, this was the most ambitious, and positive undertaking that could possibly have been made. It is a system of ramps. It expedites ingress and egress. It allows people to go east and west without "u" turns on AIA, and it is a fantastic plus. Lastly, let me add, the best news, and maybe none of you know, and perhaps Mrs. Richman doesn't know, and that is, that recently the State Department of Transportation agreed to set aside funds for the bridge going to Watson Island, and to the Beach, to and from Miami, to heighten that bridge, make a new bridge, and so that the number of openings would be minimized, if not stopped, so that I want to bring that to your attention, because that is something perhaps you would want staff to comment to the City Manager as we negotiate, but it is a major plus, and frankly, it is a major plus that has been brought about, and one of the reasons it has been brought about is as a result of the development of Watson Island, so I think the problem would be alleviated rather than made more difficult. So, those were the comments I had on those subjects. If you have any more ques- tions, we would be happy to answer them. I think there was one more speaker here that didn't get to speak before, Mr. Luaces. Mayor Suarez: Do you want to state your representation, if any? Mr. Lorenzo Luaces: Yes. For the record, my name is Lorenzo Luaces, vice- president of the Latin Builder's Association. We stand firmly behind this project because we believe that the minorities will be able to participate and we need the jobs in the City of Miami, and I also believe that this will create, new, not only for the construction, but after the construction, and talking to the people that are going to build this project, they have assured us Latins and minorities that we will be able to participate in this construc- tion, and after that, I believe that the people in Miami will be able to enjoy this facilities being close as it is to the City. I thank you. Mr. Carollo: I am sure that the assurance that they have given you goes even beyond that. Mr. Luaces: We will try to get their word , but before we didn't get any assurance, and they didn't keep them, either. Mr. Carollo: Give my regards to Pena. I got his letter. I read it very carefully. Mr. Luaces: OK. Thank you. Mayor Suarez: Ma'am? Mrs. Ruth Steinkin: My name is Ruth Steinkin. I live on Hibiscus Island. I am the immediate past president of the Palm, Hibiscus, Star Island Associa- tion. I forgot how many of these meetings I have attended about Watson Island, and when Mayor Ferre was defeated and you became Mayor, I thought the folly of Watson Island was gone. It has reappeared again, and we are very concerned about it, as traffic has been brought forward - this has gone before D.E.R.M. many times. It has been turned down - D.E.R.M. has recommended that it not be ... it is just one of these things, it just keeps coming up and up again, like a bad penny. We know that you want to do something with Watson Island. We would like to work with you on trying to get something on Watson Island that would be compatible to everyone - to the Beach residents, as well as to the Miami residents, and if we can do so, we would be more than happy to work with you in this regard. We beg you though, to please do not do anything over there that will cause such a major traffic backup, that no one going to and from Miami Beach, will really ... they just won't be able to get there without a big traffic jam. Someone just mentioned the bridge - that D.O.T. had said they are going to raise the bridge so the openings will be minimum, if not none. I say to you that D.O.T. was supposed to repair, build new bridges going to Palm and Hibiscus Island. They were supposed to start this about four years ago. Our bridges are still there. We are hoping a big hurricane doesn't come and knock the bridges down, so we are stranded out in the middle of Biscayne Bay, before D.O.T. gets to replacing our bridges, which they say are in very bad shape. They say they are supposed to start them this year. If D.O.T. has had this on the books, to start building our bridges for this period of time, how many years down the road, will it be before this bridge on McArthur Causeway gets built? And if it does, if they do build it, what kind of traffic jams are we really going to have, if you have this, and then they decide to build a new bridge? Please call us, if we can help you Id 13 April 22, 1986 i! �I and assist with you in any way in the development of Watson Island that will be compatible to everyone. Thank you. ;? Mayor Suarez: Commissioners? Mr. Carollo: Any additional statements that you would like to make, Counse- lor, or is that all the people you have here today? Mr. Cardenas: No, Mr. Carollo. Mr. Carollo: Mr. Plummer, do you have any statements that you would like to make? Mr. Plummer: The only statement that I have to make, Mr. Carollo, if we are going to go in turn, is that I had proffered at the last meeting that there were six points, which were the minimum to start negotiations. I have a 3 letter, which I am sure all of us have received copies of, that they have stated that they are in concurrence with all six of those points, and that is what I was looking for at the last meeting. Mr. Carollo: Can someone please give me a copy of that letter, because I have { not seen that letter. ? Mr. Plummer: I will be glad to give you a copy here. I have that, sure. Joe, did you get a copy? Mr. Carollo: I just got my copy right now. j Mr. Plummer: OK, I will be glad to - anybody want to make copies? Did the ,'. rest of the Commission get it? Mrs. Kennedy: I got it. Mr. Plummer: You got it? Fine. Mayor Suarez: By the way, on the issue of anyone trying to railroad this through, Commissioner Carollo, I will remind you, that I proposed to have this hearing today beginning at 10:00 a.m., and that you requested 1:00 p.m. Mr. Carollo: Mr. Mayor... Mayor Suarez: So, wait, wait, Commissioner, so we have given you... Mr. Carollo: No, I am not going to wait, Mr. Mayor, because what you are doing is trying to mislead the public as to the intent of this Commission. Mayor Suarez: But, it was your request to have the hearing at 1:00 p.m. Mr. Carollo: No, you talked... Mayor Suarez: And we have a lot of people waiting for items that are sched- uled to be heard at 2:00 p.m. Mr. Carollo: No, Mr. Mayor, you talked to all the members of the Commission, and you were the one that decided, after speaking to all the members of the Commission, the time that we would have this meeting. Now, don't try to hide behind the people that are here for other issues today. If you want to push this, and come right out and say "I'm for it", don't be a hypocrite and hide behind other items that are here today. This is the most important item that is facing the City of Miami in a heck of a long time. We are talking about 68 acres of the most valuable piece of land this City has. We are talking about a project that by the time it is all constructed, if it ever is, it is going to cost over $200.000,0001 Now, Mr. Mayor, I can't believe that you can say this with a straight face, that we have to push this on because of time constraints. There is nothing more important that we have here today than this here. Now, if I may... Mayor Suarez: That was not what I stated. I stated that we are running up against a 2:00 p.m. deadline, beginning of another hearing at your request. You wanted to have it at 1:00 p.m. Id 14 April 22, 1900 f Mr. Carollo: Are you going to vote on this today, or not? Because if you are not, I would hope that, you know, you could let the others here that are going to vote upon this ask the questions that we need to. Mayor Suarez: You are welcome to make any statements that you want. I am reminding you that you requested this hearing to begin at 1:00 p.m., and I accommodated you, instead of doing it at 10:00 a.m. Mr. Carollo: You were the one that called the meeting today at 1:00 p.m., but I think the issue really is an irrelevant issue, whether the meeting was held at 10:00 a.m., or was held at 1:00 p.m. What is relevant is the time that we need to take up for this item today. That is what is relevant, sir. Now, even though it has been reported in the news media that my vote is irrelevant today, that the influence peddlers have achieved the goal that they started out to achieve, to acquire the votes to pass the first stage today, I still would like to have the opportunity to ask a variety of questions that I think need to be asked, and I realize that most likely I will stand alone in this, but that is all right, I don't mind standing alone for something, when I know that I am right, and when it is in the best interests of the City of Miami, not in the best interests of personal, business friends of mine, personal supporters, people that have contributed and financed campaigns for me, or anything else. That is not the case of this Commissioner. If I may, counse- lor, I really don't think that you are the most qualified person to answer these questions for me, and it is not that I am taking anything from you, but I don't think that you might have been as involved in some facets as Mr. Meyers. If I could get Mr. Meyers up here to ask him some questions. Mr. i Meyers, the proposal for Watson Island, is it a joint venture between First Miami Development and Architectonica? Mr. John Meyers: The original proposer, yes - Miami Marine Exposition. Mr. Carollo: That was the original proposer? 1 Mr. Meyers: Yes. Mr. Carollo: Yes. Now, is the Watson Island Development Corporation a joint venture partner. Mr. Meyers: Yes, the Miami Marine Exposition, Inc., the original proposer, has entered into a joint venture arrangement to facilitate the financing of E. the project. Mr. Carollo: OK, your answer is yes. Then, my next question, is this a general or limited partnership? Mr. Meyers: The joint venture is not a partnership. The joint venture describes the arrangements, the relationships between the parties. It would ultimately be converted into either a corporate entity, or a partnership entity. At this point and time it is a joint venture. Mr. Carollo: It is not either a general or limited partnership? Mr. Meyers: That is correct, sir. Yes. f Mr. Carollo: Who would be the manager? Mr. Meyers: I am the managing partner of the joint venture. i Mr. Carollo: You will be the managing partner? Mr. .s Meyers: That's correct. z Mr. Carollo: For the joint venture. Mr. Meyers: That's correct. Bechtel Corporation will be acting as the project manager for the project on behalf of the venture, but I am the manag- ing partner of the joint venture. Mr. Carollo: Now, is it correct that the Watson Island Development Corpora- tion was formed on April 8th of this year? ld 15 April 22, 1906 Mr. Meyers: I don't know the date of incorporation. I can tell you that we have been negotiating with this group of individuals for many months now, along with other groups of individuals as well. We have... Mr. Carollo: John, I can't believe that you could answer that with a straight face, that you don't know when they were incorporated. You know well they were incorporated on April 8th, at least according to the Secretary of State's office that stated, April 8th of this year, two days before this Commission met, on this issue last. Mr. Meyers: I am sorry, Commissioner, I did not know the exact date of incorporation for Watson Island Development. Mr. Carollo: Now, if the Miami Marine Exposition is the original proposer... Mr. Meyers: Yes. Mr. Carollo:... are the developers being compensated as venture partners, or through a development fee, or both? Mr. Meyers: Well, for my ongoing relationship with the venture, I will be compensated on the basis of a ... as a development partner for that venture, and be paid a fee that has been negotiated with the venture. Mr. Carollo: So you are being compensated by a development fee. Mr. Meyers: Yes, I will be. Mr. Carollo: So you are being compensated by a development fee. Mr. Meyers: I will be. Yes, that is correct. Mr. Carollo: I just want to get that for the record. For the record, again, who is the proposer right now, since you said the original proposer was First Miami Development, Architectonics-. Mr. Meyers: Commissioner, the rights to this particular development propos- al, as we hold them, are held by Miami Marine Exposition, Inc. Mr. Carollo: Yes, but who is the proposer right now, since we formed this Watson Island Development Corporation? Mr. Meyers: The proposer is... Mr. Carollo: You said that the original proposer was the Miami Marine Exposi- tion. Mr. Meyers: That is correct, and Miami Marine Exposition... Mr. Carollo: This means that if they are the original proposer, then there has to be another proposer, now. Mr. Meyers: Well, you are asking what may be some technical, legal questions, but my understanding is that the rights that are held by the proposer, are held by Miami Marine Exposition, Inc. Miami Marine Exposition, Inc. continues to exists. It is a corporate entity. It does in fact, hold the rights to the Watson Island Development. It has entered into a venture arrangement, just like we would be entering into relationships with contractors, subcontrac- tors. and other business entities as we go along. Mr. Carollo: Well, it seems to me, John, that if you are being compensated by a development fee, as you stated, and at the same time you stated that the original proposers are no longer the actual proposers, and the statement was made by the gentlemen from Bechtel, should I say by Mr. Cardenas, before he introduced the gentlemen from Bechtel, that they are going to be codevelopers. It seems to me that this whole process has changed, and it has to go through again through the U.D.P. process. Mr. Meyers: Commissioner, If I msy, I would like to try to respond to that. When we originally submitted our proposal for Watson Island, we indicated at that time, in our original package, and as part of our presentation to the selection committee, that it was our intention, as this project evolved, and ld 16 April 22, 1986 r] d i as we moved along in the process, to engage, and to bring into the venture, -- additional relationships, whether they be of a financial nature, or of an operating nature. As a result of that, we have been negotiating with people on the hotel component, the exposition component, etc., as well as negotiat- ing the joint venture, financing, and development arrangements, so those processes have gone on for many months now, and we have entered into an arrangement on the financing side, but we will have, and continue to have, as this project goes forward, multiple other agreements and contracts with people. Now, Bechtel is someone that we have been negotiating with on this project for some six to seven months, now, and Bechtel had agreed with us, to act as a project manager, responsible for construction oversight, design oversight, and all of those things that would give the City the assurance that this project will get built. We concurrently had been negotiating with Bechtel for a possible equity role in this project, and Bechtel Development Company has agreed, via a letter of intent, to come into the project, and act as a codeveloper, and I think that I would be very pleased and honored to have that corporation act as a codeveloper. I don't mind splitting my fee with them. Mr. Carollo: That is fine, John, but that is not the question, but since you acknowledge that you are being paid a fee... Mr. Meyers: I will be. I am not being paid a fee at the moment. i Mr. Carollo: ... you know at this point in time, I think it is irrelevant in I some degrees, who is paying the development fee. Mr. Meyers: The development ... all of the funds of the venture are provided A through the equity partners - the $4,000,000 that we referred to would be monies that would go into the venture, and those funds would be used as working capital to pay the fees and expenses of the venture. That would include my fees, as well as consultant fees, as well as architectural, legal, etc., as we move along the process. Mr. Carollo: In other words, the $2.000,000 letter of credit that Mr. Mas- Canoss, Mr. Hernandez have acquired, that would go in part, to pay your fee. Mr. Meyers: That's correct. Mr. Carollo: OK, now, Madam City Attorney, we have the following case - a new proposer, developer, joint venture partner. Have the disclosures been made pursuant to the U.D.P. process? Mrs. Dougherty: Mr. Commissioner, I don't know the answer, other than... the only disclosures that I know are the ones that were submitted to you at the last Commission meeting. Mr. Carollo: All right. Mr. Manager, maybe you could answer the question, or somebody from our staff could answer the question. Mr. Odio: What question, sir? Mr. Carollo: We have a new proposer, developer, joint venture partner. Have the disclosures been made pursuant to the U.D.P. process, as I understand they are supposed to be made? Mr. Odio: I would have to refer to the City Attorney, because I... i Mr. Plummer: She referred to you. Mr. Odio: She referred to me? Well, Lucia... Mr. Carollo: Now, if a key financial venture is substituted in an R.F.P. process, shouldn't that have to go through the U.D.P. process again? And if, for instance, if there would have been other potential bidders, wouldn't they have had the same opportunity to have done the same? Mrs. Dougherty: Mr. Commissioner, we have, at one time - at this minute, we still only have one proposal and one proposer. And as far as the City Attor- ney is concerned, or our office is concerned# we are still dealing with the same entity. Any other entities that get involved with them are subject to your specific approval, and in so... ld 17 April 22, 1986 r e Mr. Carollo: But, the question is, Mr. Meyers just stated for the record, that one, the original proposer, was the Miami Marine Exposition. Now, the Watson Island Development Corporation, that was incorporated April 8th of this year, comes into the picture, and they are the ones that are really putting up the money and making_ the final proposer. Mr. Meyers is being paid a fee by them, which, if he is the proposer, how come they are paying him the fee? I don't see how that can make him the proposer any longer, if he is being paid a fee! And the point that I am making is, are we in violation now, then, of the U.D.P. process by not going through the process again, of having our C.P.A. firm go through this, by having the committee that we formed, go through all this new additional information that they have given and provided, since there has been a change - a dramatic change, from the original proposer. Mrs. Dougherty: If we are talking about a proposer, the entity that is proposed, it is our opinion that if it changes, if the entity has changed, yes, it would have to go through the whole U.D.P. process again, but as far as we are concerned, we are still dealing with the same entity. Anybody that we contract with is still going to be Miami Marine Exposition, Inc., composed of a corporation... Mr. Carollo: As we as we are concerned, for who we are dealing with, but my question is, and I submit to you, that based upon the information they have given us here, the whole structure has changed and it has not gone before the U.D.P. process like it is supposed to. Now, based upon the information that they have given us here, that you have heard, is it your opinion that they have, or have not, gone through the U.D.P. process as required by the City? Mrs. Dougherty: Mr. Commissioner, the Miami Marine Exposition, Inc., the original proposer, has gone through that process, and... Mr. Carollo: The original proposer... Mrs. Dougherty: Yes. Mr. Carollo:... but, it has been stated to us here, that we have additional proposers. It has also been stated to us in the previous meeting, that they have changed the original amount that was offered to the City of $100,000, to $1,000,000 per year. Has all this gone through the U.D.P. process? Mrs. Dougherty: Those sorts of concerns have not gone through the process and been reviewed by the selection committee. Mr. Carollo: The question is, should they have to go through the U.D.P. process again now? Mrs. Dougherty: The issue of whether or not the selection committee would review the new financial, or the additional financial remuneration to the City, probably not. The C.P.A. firm ... and the reason I say probably not, is because they are looking at the project as a project, and not how much money the City is getting, or how much, or what financial feasibility. As far as the C.P.A. firm is concerned, if you want them to review it, I suggest that you also refer it back to them at the same time as the Commission, for the feasibility of it. Mr. Carollo: The point that I am making, for the record, is, and Mr. Meyers has acknowledged this, on the record, that the people that are really going to be the individuals, the entity that is going to run this project is going to be the Watson Island Development Corporation. What Mr. Meyers is doing is just getting a fee now, to go ahead and develop it. They are the ones that are actually running it. He is only getting a fee, now. Mr. Meyers: Commissioner, may I... Mr. Carollo: If I may, Mr. this before the day is over, rebuttal what I am saying. City Attorney. Now, the Hernandez, who have pledged for the record, since this least to this Commissioner, credit? Meyers, we will have plenty of time to get into I assure you, and you will have plenty of time to I just like to place that on the record, Madam equity venture, between Mr. Mas-Canosa and Mr. $2,000,000 in a letter of credit, I'd like to know has not been forwarded to this Commission, at what is the institution that issued that letter of Id 18 April 22, 1986 Mr. Meyers: The institution that issued that letter of credit is Republic National Bank. Mr. Carollo: Is Mr. Mas-Canosa available, or Mr. Hernandez? Mr. Meyers: Not to my knowledge. Mayor Suarez: Would someone call the Mayor's office? They were there at the last meeting. Maybe, if they are there now, they would come down and answer some of these questions themselves. You might have some problems answering some of the additional questions that I have in this particular matter. Do you know what are the general terms and conditions of the letter of credit. Mr. Meyers: No, Commissioner, I ... the letter of credit was, and has been provided to the City staff, but I took the letter of credit to my personal bank and asked them about it, and they said it is a standard letter of credit. It is a... Mr. Carollo: But, that is not answering anything to me. You know, what might be a standard letter of credit to your banker might mean something completely different to another banker. Mr. Meyers: I understand. Mr. Carollo: That is not giving me any kind of answer. Now, for the Adminis- tration, when did they give you the letter of credit? Mr. Odio: Friday morning we got a copy of all of their documents. Mr. Carollo: Friday morning. Is that letter of credit explicit in the conditions of it? Mr. Odio: Commissioner, I told them, at the time , and Mr. Meyers will remem- ber, that I was not going to look at it. I didn't want to even see the documents, that it was premature, that it was the decision of the City Commis- sion, for the City Administration, to get involved, and I therefore, I haven't looked at the documents. I am not interested in them until such time as you make a policy decision. Mr. Carollo: The point is, Mr. Manager, that it is very important to look at that now, because that letter of credit might be a very strong letter of credit, and then again, it might be worthless, depending upon what the condi- tions arel Mr. Odio: I can put it on the record. I have it here. It is a brief letter, if you so wish, Commissioner. Mr. Carollo: Can you do that, please. "I am pleased to inform you that the Republic National Bank of Miami has approved your request for a line of credit up to $2,000,000 for the development of Watson Island. This line of credit will be guaranteed personally to you and Mr. Francisco de Hernandez." The 'you' will be Jorge L. Mas, who the letter is addressed to. "Of course, you understand that this line of credit will be available once you have presented all the information required by the bank in this type of transaction. Said information and/or documentation must be satisfactory to the bank. This commitment is good for 180 days, and will be extended at bank's option. Wishing you and Mr. Hernandez success in this new venture. Fred De la Mats." Mr. Carollo: Thank you. Mr. Manager. I think that answers my question. That letter of credit doesn't say anything whatsoever. It is about as good as the paper it is written on, and that is very cheap. I submit to the Administra- tion and to the Commission that we have not received an adequate guarantee in as far as those $2.000,000 goes, yet. Last, but not least, and I think it is very important .., in fact, it is even more important now, after you read the statements that Republic National Bank wrote in that letter, what is the collateral that was placed for this letter of credit by Mr. Mas-Canosa and Mr. Hernandez. Do you know? ld 19 April 22, 1986 Mr. Meyers: I am not aware of that, Commissioner. Mr. Tom Carlos: Mr. Carollo, I am sometimes a little bit surprised, and I didn't want to become personal about it, at your naivete. My name is Tom Carlos... Mr. Carollo: Tom, if I am naive about anything, I will tell you what I might have been naive about, that I never would think that I would be faced with what I am being faced here today, and the misleading information that is being given to this Commission by so called professionalst So, go ahead. Mr. Carlos: The letter of credit is issued on the credit of the individuals. Apparently, the credit worthiness of these individuals is so unnecessary to require the posting of any collateral. Apparently these individuals have had long lasting and long standing relationships with the bank, and the bank is willing, without a demand for collateral, to indicate that they are extending a line of credit to the two of them for $2,000,000. Mr. Carollo: Well, this is what you are telling me here. This is not what that letter stated. Now, if those were the terms that will be applied to that letter of credit, that would be something different. Mr. Carlos: Mr. Carollo... Mr. Carollo: You have not provided the terms, what the letter states, is very, very vague, and you know that well. Mr. Carlos: I have no difficulty with the letter of credit, whatsoever. The letter of credit, if it was to condition itself upon the posting of suitable collateral, would have so stated that collateral would have been required. Mr. Carollo: Not necessarily, and you know that well, Tom. Mr. Carlos: Well, I am not going to argue about it. Mr. Carollo: Now, what I am trying to get from you people is information so that this Commission, even though apparently you all have all have convinced, one way or another, three members of this Commission to vote for this, so that before they vote for it, they have no excuses in the future, of how they voted. And again, I submit for the record, that this letter of credit is as good right now as the paper it is written on, because we have no direct evidence of what the conditions are, for that letter of credit, and you know that well as an attorney. You have got no excuse for that. If I can now, I would like to pursue another area. Mr. Gilchrist, do you have someone that can work that projector for me, please? Do you have someone that can work the projector for me? I'd like to put some slides up here. Let's start with the top one first, if you would. Thank you. I was not the one to start comparing this proposed project to Bayside. You all were the ones that started comparing it to Bayside. Nevertheless, I've taken up your request to compare it to Bayside. So let's compare apples to apples. This is the square footage of the proposed Watson Island project. This is the proposed square footage of Watson Island. This is Bayside. This is exclusive of the marinas and garages. The gross area, in acres, of the Bayside project is 20 acres. The gross area, of the Watson Island project, is 86 acres. The square footage of the proposed Bayside project is 871,200 square feet, in comparison to the Watson Island proposed project of 3,746,160 square feet. Now, what is hap- pened is that the proposers here have been comparing the net acreage in square footage of Watson Island, with the gross acreage and footage of the Bayside project. They are saying that what they are offering to the City of Miami, the $1,000,000 that they are offering to the City of Miami, is the same amount that Bayside is offering to the City, as the minimum amount, and both projects are comparable, because they are both about 20 acres in size. That is not true, it is very misleading! The gross for Bayside is 20 acres, while the net for Watson Island is 20 acres. If we are going to compare gross, then let's compare the 20 acres Bayside has to the 86 Watson Island has. If we are going to compare net, then let's compare the 5.4 acres that is the net on Bayside, in comparison to the 20 acres that is the net for Watson Island, or the 235,000 square feet net for Bayside, in comparison to the 870 plus thousand square feet for Watson Island. If we can move on to the next... Again, the Watson Island project has approximately 90,000 square feet of retail space, 500,000 square feet of exhibition space. To give you an idea of how big that id 20 April 229 1986 �4l J ! 4{ 3! r t ` 1 is, it is about five times more the space that we have across the street here in the Coconut Grove Exhibition Center - five times that! Hotel space is estimated at 281,200 square feet, and that is based upon the first phase of the 300 rooms at approximately 930 square feet per room, a total of 871,200 PP Y 9 square feet. In comparison, Bayside has 200,000 square feet of retail space, 35,000 restaurant, for a total of 235,000. Again, this project is taking four times more of the land than Bayside has taken, and the size of it, any which way you look at it is four times the size of Bayside. This, I think, is the ' most insulting aspect of it, to the people of this community. For comparison purposes, the proposers again have given us this material here that states that the minimum amount that they will give the City the life of this project, 45 years, will be $42,750,000, while Bayside is only guaranteeing us a minimum of $41,250,000. Therefore, they feel that is a heck of a deal for the City. Well, if I could show you here what the actual dollars and cents to the City really are, and represents. See, the $1,000,000 minimum guarantee, both from - ? Bayside and from this Watson Island project, this $1,000,000 minimum guaran- ' tee, it is only a bone they/ are given to the City. The real money comes in, is in the percentage of the gross that the City is supposed to receive. Now, as you can see here, on the first item that I have up here, this is the gross income in year number 10. The gross income in year number 10 in Bayside, is supposed to be $29,151,000, while in Watson Island, the gross income in year 10 is supposed to be $76,553,000. While the proposed return to the City in j Bayside, year 10, is $1.000,000, in Watson Island it is $1,531,000, but they { have almost three times the gross income as Bayside. That is a big differ- ence. Now, if we come to the year 20, and here is where you start seeing the drastic differences. Now, if we come to year 20, - and here is when you start the drastic differences in - year 20, the gross income for Bayside is almost $63,000,000, while the gross income for Watson Island is $165,272,000. We will be getting from Bayside, $5,282,000. What we will be receiving from r� Watson Island, $3,569,000 plus dollars, a drastic difference. Again, in year 30, the gross revenue is $135,872,000 for Bayside, while for Watson Island, it y is supposed to be $356,810,000 plus dollars. The City in the year 30 will be Y} receiving from Bayside, who is showing one-third of the gross revenue, again, than Watson Island would show, we would receive $16,252,000, compared to $7,707,000 plus dollars from Watson Island, less than half. In year 40, the proposed gross revenue to the Bayside project is almost $293,500,000. It is $293,337,000, almost $294,000,000, while the gross revenue to the Watson Island project would be over $770,000,000. The difference is, that again, Bayside, the City be receiving over $37,000,000, while we would be would receiving $60,639,000 from the Watson Island project. Now, I don't see how - they can compare Watson Island to Bayside, in what the City is going to receive from it, and for those that wonder where I got these figures from, I �r ;? L got these figures from the executive summaries in both projects, and these " figures are based upon, assuming that the revenue projections are accurate, this is how the project of Bayside will compare to Watson Island. I am not agreeing that this is the dollars that the Watson Island project is going to have in a yearly basis in gross. I am using these figures based upon the revenue projections that they have presented. Now, I submit to my colleagues and the public that how can we be comparing a minimum, when we really should be comparing these figures here, and particularly in a project that is going land from City, it is to be taking four times as much the whether gross or +=h net, than the Bayside project has taken. We will end up receiving over two and one-half times more money over the life of the project of Bayside, with one-fourth the amount of land that they have taken from City, than we will k' receive from the Watson Island project, with four times the amount of land �s that they are taking from the City in comparison to Bayside. Thank you, John. '. Mayor Suarez: The problem with the figures, Commissioner, is that they don't take into account a very important factor, which is the cost factor. When you - use gross revenue figures to estimate what Bayside will give to the City, you are assuming the cost factors that they are giving us, and really overestimat- ing, or very possibly overestimating what they might actually produce. The t problem with Bayside is that it is based on net income, the return to the City. That is one problem with that project, as opposed to gross. We have found in the pass, as we have in the case of !Monty Trainer, that basing the City's return on gross is a safer way of making sure that we get a minimum return, The other problem with the Bayside project is that it has a credit - a sinking fund, against losses that the project may have, and that sinking fund has to be exhausted if the project loses money over the first 'x' number of years, so we might not get anything over an above the minimum base rental, so what you left out of your analysis is, in effect, that Bayside might produce absolutely zero over and above the minimum base rental, whereas Watson Id 21 April 22, 1986 S u. Y Island is proposing a percentage of gross, which is almost impossible to be k3, less than the minimum base rental so the analysis is quite faulty. But, it � Y q Y �~ is interesting, I mean, it is an interesting projection. Mr. Meyers: If I may, I would appreciate... Mr. Carollo: John, if I may, I assure you, you will have plenty of time, as long as .., you know, I can't vote for that. You know, but if others disagree r, with me, and then there are three votes against it, then that will be the way it will have to be, but I do have to answer the Mayor on something now. I think that the numbers that I placed up there are quite accurate, and they are based not upon any numbers that I came up with. They are based upon the executive summaries on both projects that they presented, that Bayside pre- sented, and they are projected upon the revenue projections being accurate that they have presented, and that Bayside has presented. Now, what I would like to ask the Mayor is, either you are going to ... you can't have it both ways, Xavier. Either you are going to vote on this, or you are not, but you can't say you are not going to vote and then be getting involved in trying to defend your friends in this project. You know, which way is it? Are you ` going to vote? If you are not going to vote, then I don't think you should be jinvolved in the process of this discussion any further, and the Vice -Mayor should take the Chair of this meeting. V, e Mayor Suarez: I have heard your opinion to that effect already once. This is number two. Mr. Carollo: Well, I just wanted to make sure that there is no misunder- standing on your part. Now, you are saying that you do not want to vote on x this project because you don't feel you have a conflict of interest, mind you, but because of the perception that some might have. But at the same time, g every time that we bring something up, you want to interject your backing of your friends in this project and your business associates, well, all that I ,y f want to know is, if that is the case, then you should say right out that I am S, going to vote for this project and ask all the questions you want, and defend .� them all you likel But, if you are not going to vote for the project, then you should not be getting involved in defending them. You can't have it both 63 way s l Mayor Suarez: I don't ... proceed, Commissioner. Do you have any further questions of the applicant? Mr. Carollo: Well, yes, I do, Xavier, even though you don't want to answer me. I would like to read something into the record - Discussion section eight, financial feasibility study of the Laventhol and Horwath report. "The projections indicate that with the proposed debt service reserve fund, and the proposed supplementary reserve fund, sufficient cash flow could be generated during the projected period to meet the projected operating expenses, and the projected debt service requirements." And for those that might think that this is the Laventhol and Horwath report that Mr. Meyers paid for to back the feasibility of his project, I want to clarify that this is not the one that they wrote for his project. This is the one they wrote for the James L. Knight Center, the same center that they said, in their report, that would be making money for us, and right now, it is costing the City approximately, how much, Mr. Manager, a year? Mr. Manager? Mr. Odio: Yes, sir? Mr. Carollo: How much is the Knight Center losing the City on a yearly basis now? Mr. Odio: $4,500,000. Mr. Carollo: $4,500,000 is losing the City right howl Laventhol and Horwath -� report for the James L. Knight Center, this is just what I read to you now. These are the same people that Mr. Meyers paid to come and tell us now, that we should believe him again, that his white elephant is going to fly. The Touche and Ross reports to the City Manager, which, up to now, no one has really mentioned it, surprisingly, says the following, on page 39 paragraph 3 - Touche and Ross, the C.P.A. firm that the City hired to advise us on this project. On the assessment of proposer's market analysis conclusion's it says: Id 22 April 22, 1986 j "Therefore, we conclude that the revenue projections are not reasonable, ' 3 given these assumptions, and this could have material impact on the proposer's ability to generate sufficient cash flow to meet debt ser- - vice payments in the first five years of operation." On page 3, paragraph 5, the C.P.A. firm the City hired states the following: "We further conclude that because of the lack of sufficiently demon- strated market demand for the project components, a major marketing campaign may be necessary to generate the required occupancy and atten- `"' dance. If this approach were used, then the projected marketing expens- es are understated." i Last, but not least, on page 3, paragraph 6, states: "Our evaluation indicates that the success of the total development is contingent upon the Marine Mart Hotel and retail space, achieving the ? j respective projected revenues in the time frames assumed. Based on the lack of sufficiently supported revenue assumptions in these three components, we conclude that the financial projections submitted by the proposer are not adequately supported and, therefore, the development - may not be economically feasible." These are the people that the City paid to advise us. Mr. Meyers brings to us s Laventhol and Horwath to tell us that this project is a good project, the same people that told us to go ahead with the Knight Center, and now it is costing z us $4,500,000 a year. Is there anyone in the audience from Touche and Ross, a representative of their firm? to A Ms. Cynthia Cohen: Yes, Mr. Commissioner. I am Cynthia Cohen. I am with •,.� .,-; � Touche - Ross. I was the project manager for both of our engagements with the P J g City regarding this project. Mr. Carollo: The question that I have for you ... there are several ques- tions, actually, but have these new submissions that you have heard here -= today, including the additional proposal that stated that instead of giving x the City a minimum guarantee of $100,000 a year, it is now $1,000,000; has your firm had the opportunity to review all this new material that has now, just now, been told to the Commission? Ms. Cohen: No, sir, we have not. Mr. Carollo: OK. If the revenues reviewed before by your firm were not supported, sufficiently in the original submission, how we can we assume then, that the new submission of increased revenue of $1,000,000 guarantee is supportable? What is your opinion of that, or can you give an opinion without being able to review it? Ms. Cohen: Sir, I cannot give you an opinion because we have not reviewed it. Mr. Carollo: Well, can you expand on your findings on the original report that you gave us? Ms. Cohen: Would you be more specific, Commissioner? Mr. Carollo: Well, on the feasibility of the project? Ms. Cohen: Sir, what I can do is talk about the market analysis, our assess- ment, and what the scope of that was. The scope of our engagement included, and I am reading from page 7: "Assessing and evaluating the proposer's marketing analysis and conclu- sions regarding scale and mix of facilities." The second point is: "Evaluating the economic feasibility of the proposed development, based on information supplied by the proposer." Now, sir, you read from our letter... Id 23 April 22, 1986 0 so Mr. Carollo: Well you stated that you have not reviewed any new submissions they have made. Ms. Cohen: That is correct. Mr. Carollo: And, therefore, you could not give any professional opinion on the proposer's sudden ability to guarantee the City $1,000,000 in return a year. Ms. Cohen: That is correct. Mr. Carollo: Now, all this material is a deviation from the original submis- sion, is that correct? Ms. Cohen% Yes, sir, it is not part of the original submission, and I would like to refer you to the first page of our letter, which indicates all of the material, that we reviewed prior to submitting both of our reports. Mr. Carollo: Madam City Attorney, the C.P.A. firm that the City hired to advise us in this manner just stated for the record that they have not re- viewed any of the new submissions - that the material offered now is a devia- tion from the original submission. I need a legal opinion form you if this Commission can proceed with this at this point in time, if there has been a deviation from the material originally submitted to this Commission, and since our C.P.A. firm that we have hired to advise us has not been able to review the deviations that have been presented to us now. Mrs. Dougherty: Mr. Commissioner, the proposal is the same one that was there before you. That proposal is the one that the City Commission will be sending to the Manager for negotiation. I suggest that the Manager have the C.P.A. review any proposed negotiations that they have with the proposer that devi- ates from the original submission. Mr. Carollo: Well, when you say that the proposal is the same one...? Mrs. Dougherty: That is the only one that you are considering today. It is the same proposal that was before you, that you are sending to the Manager to negotiate. Outside of that proposal, it would specifically have to come back to you. The Manager probably would want to seek guidance from the C.P.A. for any deviations from that proposal that was submitted. Mr. Carollo: Yes, but the point that I am trying to place in the record is that after they have told us that they are bringing in a variety of different individuals that were never in the original proposal, that Mr. Meyers now, is actually just getting a fee, and they have changed the whole economics of the project. Before they were offering the City $100,000. Now, they are offering the City $1,000,000 minimum a year. You are saying that we are not consider- ing any of that - we are only considering the original proposal that was made by the Miami Marine Exposition. Mrs. Dougherty: That is all that you can consider. That is all that was proposed. That is all you are sending the City Manager to negotiate. Anything outside of that original proposal would specifically have to be approved by you and the Commission, in terms of any additional entities, any additional investors, any additional stockholders - all of that, subject to your approval. And the City Manager's negotiations, if he negotiates a higher return to the City than was submitted in that proposal, that, of course, is subject to your approval, but he could seek guidance from the C.P.A. firm. Mr. Carollo: Well, it seems to me that this has turned into the biggest charade this City has ever faced. Here, we put an R.F.P. out, and seems just about everything from the proposer to the amount of monies that they were offering the City, just about anything you can imagine, has been changed, and deviated from, from the original proposal that this City received, but never- theless, if there is a majority of this Commission that wants to do anything, they certainly can. That doesn't hold them back from approving this, even though we have brought out, I think, points that needed to be clarified to hopefully enlighten some more minds. Thank you, very much. Mr. Dawkins: May I ask you a question, please. No. Cohen: Certainly, Commissioner. Id 24 April 22, 1986 Mr. Dawkins: I think you said that your market study shows that this project is not feasible. Am I correct in assuming that? Ms. Cohen: Sir, let me read you exactly what we said in our study, and I am reading from the report - "Assessment of proposer's market analysis and conclusions," dated January 16th% "After performing our assessment of proposer's market analyses and con- clusions, we conclude that the market analysis submitted by the proposer does not adequately demonstrate that sufficient market demands for the development exists, therefore we conclude that the market analysis sub- mitted by the proposer does not demonstrate that the project is finan- cially feasible. This does not mean that the project cannot be feasible. As indicated above, the one -of -a -kind nature of the proposed development may create its own demands and a proposer may meet, or exceed his finan- cial projections for the total development." Mr. Dawkins: Run that by me again. Ms. Cohen: I am reading from the third paragraph... Mr. Dawkins: From the part where you say - "Although I say it won't, I say that there is a possibility it will." Ms. Cohen: That is, Commissioner, and I am quoting: "This does not mean that the project cannot be feasible." Mr. Dawkins: OK, thank you. But, if you say it is not feasible, but now you said I am not guaranteeing you that it is not feasible. Is that what your statement is saying? Ms. Cohen: We said above, that there is not sufficient information. I am sorry - we say, and I am quoting" "The proposer does not demonstrate that the project is financially fea- sible." Ms. Cohen: We are saying that the proposer did not demonstrate. Mr. Dawkins: Right. No, why is it not financially feasible? Why? ... according to your report? Ms. Cohen: We focused on three significant assumptions. Mr. Dawkins: Marketability studies, right? Ms. Cohen: Assumptions within that market study, sir. Mr. Dawkins: And now you come back at the end of the statement and say that it may create its own market and be feasible. Is that what your statement says? Ms. Cohen: No, sir. We say at the end that it is a one of a kind project and that the nature of the propose development may create a demand - "may create its own demand" and the proposer may meet, or exceed his financial projec- tions. Mr. Dawkins: OK, thank you. Mr. Carollo: Now, the fact that there was a change from the original offer that was made from the $100,000 a year, minimum guarantee to a $1,000,000 a year, minimum guarantee. How does this affect the accurate structure of the proposal, given the additional risk the City is being asked to take, in projected cash flows? Ms. Cohen: Sir, it is not fair for us to answer that question, since we haven't reviewed all of the data. Mr. Carollo: OK, I can certainly understand that you can't give us a profes- sional answer on that, based upon not having received the information they id 25 April Z29 1906 have, but it would seem to me logical that if you have shown reservations - very serious reservations, about the feasibility of this project, when they were guaranteeing this City $100,000 minimum dollars a year, now that they are guaranteeing the City $1,000,000 minimum a year, but they have not put any additional equity into the project, that this should be even shakier. Am I wrong to conclude that? Ms. Cohen: It is inappropriate for us to make a conclusion on that. Mr. Carollo: I appreciate you taking your time to come to the Commission meeting today. Mr. Meyers: Commissioner, if I may, I would like to clarify that the minimum ... we have not guaranteed the City $1,000,000, and I hope that people don't get the impression that that is in fact, our guarantee. We have guaranteed the City a $250,000 payment during the construction period, and then a guaran- tee that steps up and reaches $1,000,000 in approximately year seven, so I don't want there to be any misunderstanding as to what the nature of that minimum guarantee is. Mr. Carollo: I am glad that, you know, you made sure that you would clarify that for the record, Mr. Meyers, that before the year seven, you are guaran- teeing even less than $1,000,000. Thank you. Mr. Plummer: Let me go on the record. Mr. Meyers, so that there is no misunderstanding between you and I, I am not saying you are guaranteeing the City $1,000,000. I am saying that you will guarantee no less than $1,000,000. It could be $2,000,000 or $3,000,000 when you come out of negotiations. What my stipulation was, that the payments of Bayside, with a minimum requirement to start negotiations. It did not say that in concrete. I fully expect the Manager to negotiate a higher return, but I would not give him the leeway to negotiate less, so what I am saying, and what I said in my demand of you, which you're complied with, is that it was the minimum to start negotiations. It will conceivably, it has to be, up from there, and where that "up" is, is only coming out of negotiations. Mrs. Kennedy: That was my understanding too. Let me also address another issue previously brought by Commissioner Carollo in regards to political contributions. I'd like everybody here to know that when I started running, one of my friends approached a director, a very prominent director of the Cuban -American National Foundation, about a campaign contribution to my campaign, somebody who in fact, has an interest in this project, and he simply smiled and said that I didn't have a chance. However, I do have the best interests of the City at heart - all of us, I am sure do, and I think it is important to do a little history. I was always against the previously planned monstrosity on Watson Island. I think that this is the first project that protects what is already on the island, that provides full access to the public, and that provides a development that combines the beauty of the bay with the water oriented facility that we should have in South Florida. Again, I must remind everybody that this concept that we are review- ing today, was previously unanimously approved by a citizen's review board a year ago, and I think they too were impressed with the sensitivity shown by the architect and the developers for the environment on the island. I don't think the question today is whether this is the proper plan for Watson Island. I think the question is whether they have the financial capability to do it, and if the arrangements reached with this Administration will protect our interests as the previous Commission did on Bayside, and perhaps the City Manager, when he negotiates the lease, could ask Touche-Ross to review the feasibility of this project so that we are sure that it can stand on its own two feet, and again, when it comes back to us, if we so approve that, I guarantee everybody here today, that unless it has the public's interest at heart, I will vote to reject this lease. Mr. Carollo: I have some additional questions, if I may. John Hall, will you come up here please? Mr. Hall, how long have you been living in Miami? Mr. John Hall: I have been living in Dade County for approximately a year, counting six months, during which I was commuting from Washington, D.C. Mr. Carollo: And the reason you moved to Miami? ld 26 April 22, 1986 0 0 Mr. Hall: Well, I moved to Miami - I was requested by the developer initial- ly to come down to plan a Minority Participation Plan, and after I put the plan together, he asked if I would come here to implement it, and of course, that was a risk because at the time, the project had not been awarded, but I came to take the risk to move here, assuming it may be, and if it wouldn't. I would just do business on my own. Mr. Carollo: I think the only people, really, that should take risks, is anybody that owns an island in this town. The next question that I have for you is, what is your percentage that you are getting out of the Watson Island project? Mr. Hall: I have been offered 3.5 percent of the deal. Mr. Carollo: 3.5 percent? OK, 3.5 not 5.5 percent? Mr. Hall: 3.5 percent of the deal. Mr. Carollo: OK, 3.5. not 5.5. Mr. Hall: That is correct - 3.5 percent. Mr. Carollo: OK, I just wanted to get it for the record. Mr. Meyers, thank you, sir. I just want to get it for the record that this gentlemen has only been living in Dade County for approximately one year and he came to Miami at the request of Mr. Meyers, to work for him. You are getting, what percent, did you say, for the record out of the whole project last time? 12.5? Mr. Meyers: My personal interest? Mr. Carollo: Yes, sir. Mr. Meyers: No, it will be less than that. It is somewhere between 3 and 7 percent, I think. Mr. Carollo: OK, so it is going to be somewhere between 3 and 7 percent? Mr. Meyers: That is correct. Mr. Carollo: But nevertheless, someone that you called in to be your employ- ee, you guys, you know, have such hearts, that you are going to give him 3.5 percent. Mr. Meyers: No, he is not being given 3.5 percent, Commissioner. John Hall will be purchasing a 3.5 percent interest in the project. Mr. Carollo: Well, I am glad that you brought that up, that he will be purchasing. Mr. Meyers: That is correct. Mr. Carollo: John, how much are you going to be putting up front in cash to purchase your 3.5 percent? Mr. Hall: I will purchase the 3.5 percent through a combination of swet equity and cash, just like everybody else on the development team, and the exact ratio has not been worked out. Mr. Carollo: In other words, you cannot give me any kind of figure of how much money you are putting up front. Mr. Hall: Well, I have already put up in excess of $33,000. Mr. Carollo: So you have already put in excess of $33,000. Mr. Hall: And, there are additional calls that have not come up yet, and when they come up, it is my requirement to either deliver or lose my interest, just like everybody else. Mr. Carollo: Was any of this money borrowed from you to put up, or was it money you had saved, or...? Id 27 April 22• 1946 Mr. Hall: This is cash that I would have earned if I were being paid. And I a am not an employee, by the way. I am an independent contract. I have my own company, and just as any other professional bills fees to a developer, I bill fees to the developer, and there points in time when I agreed to defer those fees, and put them into contingent equity in the deal, and if the deal didn't a go through, I would lose the equity, or I lose that contingent fee. If the deal does go through, then it goes into equity. Mr. Carollo: In actuality, what you have told me is that you really haven't ' had to put your hand inside your pocket and pull out cash. This is money that the developer owed you, and instead of paying you, you told him to put that money towards your percentage. Mr. Hall: I asked him to do that, and I can assure you. Commissioner, in view 1 of my wife or my kids, it is just like cash. If I don't get it, I pay out of other sources for my food, my home, everything that I pay for. It is just like cash. Mr. Carollo: You have answered my question, you know, as clear as I possibly could expect you to answer it. I don't agree it is just like cash, but you y know, that is your opinion on it. If I may, since there has been such a mystery in providing telephone numbers or addresses to the media, of the other so called investors, so that we can find out what percentage of the shares t that they are going to have, and what kind of money they are placing down for j their respective percentage. Can we get for the record, the names, with the percentage, of the different individuals that are participating in the Watson R Island Development Corporation? What percentage are they each receiving, and how much money have they put down. Mr. Meyers: Commissioner, we would be very happy to provide for the record the funds that have been committed by the equity investors. Mr. Carollo: I am talking about the individuals. Mr. Meyers: My understanding is that the individuals, the formal subscription agreements, and formal partnership documents with those individuals have not been finalized. They will be finalized when and if we move along in this process. It is simply not - there is a great deal of legal, and other fees associated with finalizing a partnership document with twelve different investors, and so we have simply not gone through that process yet. We will, and we will be happy to provide the City with all the information that we do have on that partnership. Mr. Carollo: John, what you are telling me is, that you have given us a list of twelve names that might or might not participate. It depends if they finalize a contract. Mr. Meyers: They are all committed to participate, and they... Mr. Carollo: They are all committed, but you are telling me that they have not finalized an agreement, therefore that tells me, in legal terms that you don't either one or things - one, you don't have no firm commitments, whether these people are actually going to accept the conditions for their participa- tion, or either you are trying to hide whatever monies they did or did not put down for whatever share they are supposed to get. i Mr. Meyers: No, sir, we certainly are not trying to hide anything, Commis- sioner. We will be very happy to provide all of the partnership agreements that are in place. Mr. Carlos: Mr. Carollo, let me mention that Miami Marine Exposition Inc., is the proposer. It has... Mr. Carollo: That is not what Mr. Meyers told me before, for the record, Mr. Carlos. Mr. Carlos: I am going to correct the record, because Miami Marine Exposi- tion, Inc. is the proposer today, is the party in principle who is going to be responsible for the development through the various subcontractors and other agencies that had been produced as the development team. Watson Island Development, Inc., which is responsible for the financing and the equity portion, provides that element of risk capital which is necessary for the Id 28 April 229 1966 0 0 proposal to be financed. That portion of the equity financing, which repre- sents Watson Island Development, Inc., is 37 and one/half percent of the project. I did come prepared, nor with the authority to divulge each of the participants share, although I do have it, and the merits of the proposal were, that there was $2,000000 of credit demonstrated to show the good faith capability of that particular group, to the $2,000,000 subscription of shares, which is provided in the corporation. I think we have backed up what our commitment was to the investment group by the line of credit that we're presented. Now, it is for the members of that investment team to sit down amongst themselves and finalize the appropriate agreement, but I think that those elements are, at the present time, private. I Mr. Carollo: Well, Tom, what you've stated to me, let me see if I understood you correctly. You are telling me that Mr. Meyers really doesn't know what he is telling us, that he was wrong in what he said before, so you are correcting him. �I Mr. Carlos: No, I am, sir. I think Mr. Meyers stated... Mr. Carollo: You corrected the record. You just said it for the record that you are correcting him. T Mr. Carlos: I am not correcting him. I think Mr. Meyers stated correctly. I j think that you have, as a result of cutting Mr. Meyers off, and making your presentation, have misrepresented... Mr. Carollo: Well then, he can have all the time he wants. ! Mr. Carlos: Well... Mr. Carollo: In fact he can come right back to the mike and explain, and rephrase, and change any statements that he would like to make now, that he previously made. i Mr. Carlos: Well, I... Mayor Suarez: He can also speak through his counsel. That is fine, that is acceptable. Mr. Carlos: Right. Miami Marine Exposition, Inc. is a substantive partner. He is not just being paid a fee for his services. He is an equity partner in the project, and he will have hands on, along with the development team that he has put together. The investors themselves are not going to put this project across. It is the development team that has been assembled by Miami Marine Exposition, Inc. Nothing has been changed! Mr. Carollo: Well, this has not been understood by the replies to my answers that Mr. Meyers gave. Mr. Carlos: Well, let me... Mr. Carollo: Let me state for the record that you do have the breakdown of the 37 and one/half percent that the Watson Island Development Corporation has? Mr. Carlos: That is correct. s� Mr. Carollo: Okay, but for the record, you do not want to disclose who has what percentage. Mr. Carlos: No, we have disclosed who has an interest in it, and for whatever purposes, you can assume whatever proportions any of those members might have. What has been committed by that group is the $4,000,000. risk equity which, if this project is not approved, or is not accepted as a result of negotiations, will be totally at risk. Mr. Carollo: Well, why are you, and some of these members declining to open up to the public and this Commission, the percentage that they have of this project, and what they have put out of their money into it? Mr. Carlos% Well, Commissioner Carollo, number one, I don't think it goes to the financial feasibility of the project. I think what is needed ... I don't Id 29 April 22, 1986 ... 1 would like to come forward and say what my financial net worth is and present all the financial statements of all of these investors in order to assure you of their financial capacity. On the other hand, we live in a very strange world where financial privacy is very important to people, and does present some risk of security to their well-being and to their families, and if this... Mr. Carollo: Tom, you know, if they want to deal with government, they should be willing to open up completely to government, and all that we are asking is very simply, you know, a simple question that has nothing to do with their net worth. What percent does each of these individuals hold, and what they paid for it? - a very simple question. It has nothing to do with every- thing else that you are trying to make it to appear. Mr. Carlos: Commissioner Carollo, I will be prepared at the time that this Commission authorizes the County Manager to go into those negotiations under certain... Mr. Carollo: City Managerl Mr. Carlos: City Manager. Mr. Carollo: We are having a zoning meeting at the county right now. Mr. Carlos: You will excuse me slip of the tongue. Mr. Carollo: That is all right. Mr. Carlos: We will be prepared under certain conditions, which will secure certain private, if not limited privacy, to provide the necessary information as to the participation of each of those members. Mr. Carollo: I just can't believe that for the first time, that I can think of, we have a situation where people are refusing to disclose what percent of the ownership they have in a corporation that wants to do business with the City and business with the City to the tune of having to build a project that is going to cost over $200,000,000, and particularly, what they have paid to get that percentage. This is government in the sunshine? Mr. Carlos: I have indicated to you that the 37 and one/half percent is being paid with $400,000,000. Mr. Carollo: But you haven't broken it down as to what participation each individual has. For instance, for all we know, maybe one or two individuals have 30 percent of that, and the other ten or eleven have 7 and one/half percent. I think this Commission, this public should know and be aware of that. Mr. Carlos: You may make those assumptions. Mr. Carollo: I certainly am making that assumption. air. Mr. Plummer: May I inquire? Mayor Suarez: Commissioner Plummer. Mr. Plummer: No. I don't want to interrupt, if you are... Mayor Suarez: Commissioner Carollo. Mr. Carollo: I was getting to another..o go ahead. Mr. Plummer: Okay, well I would like to stay in that same area for a minute. Mr. Carlos, or Al, or who - I want to tell you that Commissioner Carollo, in my estimation, is putting it flat on the line. Let me tells you what bothers me - that is that you have stated for the record at the last meeting who those partners are. We do not for fact know that there might be more partners added, and I for one, want to tell you, we found ourselves in a couple of positions in the past that there is just no way I am going to allow to happen in the future, and that was, unfortunately, some very unsavory people were involved in some projects, and it was Commissioner Carollo who brought it to the table, a full disclosure on any project, as it related, at that time, to Id 30 April 22, lA$� zoning, and then the entire situation. I am saying to you, that as far as this vote is concerned, that prior to your going into negotiations, if that is approved here today, you are going to state on the record, who are the part- hers, and what is their percentage. We are not saying dollars at this point, but I want to know for one, that prior to that negotiation starting, I have to know who the full 100 percent of those partners are, and it will be required that if any new partners are added, it will be approved by this Commission; at such time as it will be their percentage, we will know, but I think Commis- sioner Carollo has made a very fine point and it is based on some bad experi- ences in the past, so if it does approve here today, I for one, am telling you i that prior to starting negotiations, you will supply to the Manager, who will supply to us, who 100 percent of the partners are, and what their percentage is, so I am just putting that on the record. Mr. Carollo: Commissioner Plummer, if I may, I'd like to bring another point why I am so interested in this and I think why the public should be aware of it. At the last meeting, on the loth, when we discussed this, two days before this Watson Island Development Corporation was incorporated in the State of Florida, I asked publicly, of all these gentlemen here, if there were any Blacks that were participating as owners, and if any of the twelve names that they had provided were Black. They stated no, they were not. Within half an hour later, after the meeting was over, there was a letter produced, signed by Mr. Meyers... Mr. Dawkins: That is a lie. The letter was in your hands prior to that. Now, Joe, let's be honest! Mr. Carollo: Miller, wait a minute. Mr. Dawkins: No, no, no, no, let's be honest, Joe. R. .., } ! Mr. Carollo: Wait a minute, that letter was not in hands before that, and you know itl PY ., Mr. Dawkins: It was right here, and you asked me for it, and I gave it to .� youl t 4 Mr. Carollo: No, no. There was a letter that I saw there, and when I asked R`"y`i14 yr"P you, you gave it to me, well after that, and you know itl Mr. Dawkins: Well, it was here. Don't say it showed up half an hour! Mr. Carollo: I said half an hour after I asked that question, Millerl Mr. Dawkins: Oh, OK, I beg your pardon. I thought you said the letter showed 5 up a half hour later. Mr. Carollo: A half an hour after I asked that question, that is when I saw that letter. .r Mr. Dawkins: You got the letter from me. You got it from me. Mr. Carollo: Yes, that letter was right here. I saw it, and you gave it to me. That is correct. Mr. Dawkins: OK, that is correct. You are correct. j Mr. Meyers: Commissioner, I would like to clarify... Mr. Carollo: John, if I may, I would like to finish this, please, then you can have all the time you want to talk. That letter all of a sudden stated, after we were told half an hour earlier, and that is when I first saw that letter, a half an hour after I asked those questions. That letter stated that all of a sudden Mr. John Meyers had 3.5 percent shares in the project, even though, in pencil, he had a 5 over the 3, so I don't know if it was 3.5, or S.S. Now, half an our earlier I asked if there was any Black participation, and I was told flatly by several of you - no. Half an hour later, supposedly, there is. Mr. Meyers: There was no Black participation in the 37 and one/half percent portion of the partnership. We made a commitment in our original projects submission, that we would offer 7 and one/half percent of the equity of this ld 31 April 22, 1986 project to Blacks, and as we have been moving along, and we will continue to d make sure that we honor that commitment, that we made, and we have been in the process of identifying those people over a period of time, Commissioner, and I certainly hope that we will be given the opportunity to expand the ownership in respect to additional minority and Black participation. {t ' Mr. Carollo: Let me say this for the record, when you do that, I want it stated for the record, I don't want any of you coming to me asking me for advice of who might be a good person to recommend to give part of the pot for the minority participation. Mr. Dawkins: Let me make it clear, there will be no giving. Every minority Black must purchase his participation, or her participation. There will be"rent-a-Black" at all. If an individual cannot pay the $50,000 that you have agreed as a 1 percent equity, then he or she will not get it, OK? I want that understood clearly, that is to go on the record, that we will be renting nobody, and anybody who cannot, Joe, any of the rest of you, come up with $50,000, he cannot buy in. ? Mr. Carollo: Miller, you know, that sounds great, but this Commission, the people of the City, have no way to control that. You know, what prevents Mr. Meyers from saying that this individual did work for me to the tune of $50,000, and instead of paying him, I am going to give him $50,000 as his part in the project, and he will get 'x' amount of shares for that. There is no guarantee of that! Mr. Dawkins: Here is one vote, Joe, against the whole damn project, if that shows up. Mr. Carollo: There is no way that you could pinpoint it if it did or not, Miller, no possible way, and particularly... Mr. Dawkins: Well,you see..... you can't Joe. Now listen to met Mr. Carollo: The only way that it might is maybe, is you know, some kind of Grand Jury, that is the only way that it could. Mr. Dawkins: You can't, Joe, but I know the people in the Black community who can pay $50,000, OK? So therefore, when I see the list, I will know who in the hell paid, and who didn't, OK? I can guarantee you that. Mr. Carollo: Miller, you know, when you have people that have only been here a year, it is impossible to know people that well in such a time as one year. Mrs. Kennedy: The Mayor says I am glad that Carollo is hammering at Dawkins instead of at me all the time. Mayor Suarez: She reads minds! Commissioners, is there anything else? Mr. Dawkins: Yes, I'd like to say something here. You know, I have been here five years. The first time I campaigned, I campaigned that I would not under any circumstances develop Watson Island, okay? For four years I sat here. The Commissioners were - Maurice Ferre, Demetrio Perez, Joe Carollo, J. L. Plummer, and Miller Dawkins. Each year we voted not to send Watson Island back to the Governor's Cabinet, so that it would not be approved and die, and the vote was defeated three to two. The two people who voted not to send it back to the Governor were J. L. Plummer and Miller Dawkins. The three people who voted to send it up there to keep it alive were Carollo, Ferre and Perez. y; For three years, this went on! So now, all of a sudden, I say well, hell, if I can't beat them. I will join theml So now, I have come alone and I have said "yes", here is a group that is going to develop Watson Island, and where were all you people who are so anti Watson Island, when I was sitting up here saying, "Let's not send it back up there for the Governor to OK?" Where were you when I was saying, "Let's don't ask the Governor to extend the lifeship of this Watson Island project." None of you were here. All of you were just as contended and happy as you can be, and I am going to say this and it is not going to sit well with a lot of you, but this is the first time that a Latin group has challenged the damn system and come up and say that we are going to let Blacks participate in the system, and now everybody is up in the girl "Oh, no, we can't dare develop Watson Island! We can't let you all have a part of Watson Island! That's ours!" Come on. I was sitting right here with these same people that are here. They allowed the Hyatt to be build. and the Id 32 April 22, 1986 .a" Hyatt is being subsidized $4.500,000 a yearl And I can't get $1,000,000 to build housing in Little Havana, Wynwood, or Overtown. This is the same group that set right up here and allowed the City of Miami to go to the State Legislature, and have the area around the, Dupont Plaza declared a disaster area. Now, can you visualize this Commission asking the State of Florida to declare the area around the Hyatt and the Dupont Plaza a disaster area? They did it. Why? Because they wanted a bifurcated structure that would benefit people in downtown, so, therefore, let's get it done. See, when they want something done, it is fair game, don't worry about it. I continue to support the idea of nothing on Watson Island, but I would have to tell you now, that out of all the white elephants, and there is no guarantee that Bayside is not going to be a white elephant, I do not believe in any stretch of my imagina- tion that 15,000,000 people a year will go through the turnstiles at Bayside, so we may have another white elephantl But, nobody was concerned, when all of the out-of-towners, all of the big developers from out of town came into town and said "Bayside is for Miami. It is going to put Miami on the map." But, as soon as some Latins band together and say: We are going to put this togeth- er ourselves on Watson Island, and we are going to see that the money remains, the majority of it in our area," you are, all of a sudden, concerned. Now, I move that we pass this in principle, and send it to the Manager for negotia- tion. Mayor Suarez: So moved. Do we have a second? Mrs. Kennedy: I will second. Mayor Suarez: It has been moved and seconded. Any further discussion from the Commission? Mr. Plummer: Oh yes, I've got more discussion. The one point that Commis- t, sioner Carollo has made, Madam City Attorney, that is bothering me, and that 3 ;s Z y is, the original proposal, did in fact, proposed to pay to the City a minimum guarantee of $100,000 with a 4 percent increase, I think it was, every year thereafter. And maybe it was myself who told Mr. Meyers, straight to his face, that that was an insult, and that maybe have some different thinking or .a, generated some different thinking. But, you have stated on the record that ' the only thing that the Manager can deal with at this time, is the original proposal, which was $100,000, yet, as we are hearing the proposal today, they have offered much in excess of that, namely, $1,000,000, and I question now from you in a legal standpoint, is that acceptable to send to the Manager, or does it in fact, have to go through a process again? Mrs. Dougherty: What I was talking about is a legal entity that proposed it before. You are still dealing with the same proposer, and the same proposal. That does not mean that the City is bound by the numbers that were generated by that proposal. What I was stating before, is that the Manager may wish to have a feasibility study done again with the new numbers, and I think that would probably be wise during his negotiations. At the same, we only have one proposal and one proposer, so we are not in a position where somebody is at a detriment, or it is prejudiced by the fact that somebody, after the proposals are opened, are coming up with a further amount of money, so therefore, it would be appropriate, and you are not bound by those numbers in the proposal, that is why you have a negotiated contract. This is not a sealed bidding situation. Mr. Plummer: OK. Mr. Dawkins: I'd like to make one thing clear, and I think the seconder will agree with me. My moving this does not mean that I am not as concerned about the areas that Commissioner Carollo named, and by moving it doesn't mean that if he isn't satisfied, then the rest of us may not be satisfied, and that it may not go when it comes, so don't think that because I moved it today it is a rubber stamp to override any of the concerns that he might have. Mr. Plummer: Mr. Gilchrist. I am sorry, it is on that issue. I want to proceed... Mrs. Kennedy: I just want to say that I have the same concerns that you and Commissioner Carollo, had and that is why I suggested that it be sent to a review, to a feasibility review at the same time. Id 33 April 22, 1986 Mr. Plummer: Mr. Gilchrist, on the record, sir, and this has been stated to me by the developer, but I want to make sure that it is understood. This will have to go back through the D.R.I. process. Mr. John Gilchrist: Yes, sir, it will have full review. Mr. Plummer: All right, sir, and the developer has stated to me, and I want this on the record, that he, under no circumstances, will do any less minimum, than what was guaranteed in the first D.R.I. If more demands are placed upon him by the process, he will have to accept them. Now, John, am I stating it correctly? Mr. John Gilchrist: Yes, you are. Mr. Plummer: I want it on the record that you will go through the process again; that you will do no less than what was required in the first, and of course, you would have to acquiesce to anything that they demand up in the new process. That's correct. Mr. Gilchrist: That is correct. Mr. Plummer: Mr. Manager, to you - Commissioner Carollo has asked some damn hard questions, and I think they demand answers. I am assuming, and I want assurances from you, that each and every point that he has made, will be answered, and more, in the negotiations. Mr. Odio: Yes, sir. Mr. Plummer: Thank you. Mr. Carollo: Well, up to now, I've dealt with the economics and the feasibil- ity of this project. I feel compelled... I have to touch upon now the politi- cal realities of this project, and it is not easy for an elected official to have to take on the so-called sacred cows of this community, but when it reaches to the point that the sacred cows become the sacred influence ped- dlers, I feel that I must. Let's go a little back into history, and revisit the whole Watson Island issue. I remember when Maurice Ferre was Mayor and was sitting in that chair over there, that just about all these same individu- als now, that are the main shareholders of this Watson Island Development Corporation, were spending- and I am not talking about contributing to someone a thousand or a couple of thousand dollars to their campaign; I am talking about them raising tens of thousands of dollars for the campaign of the present Mayor, either directly, through their own family money or corpora- tions, or through some of their closest allies. These individuals, for about five years, one of their main charges against Ferre, was that Mayor Ferre only wanted Watson Island to be developed in a personal deal with his friends, that Watson Island was Ferre trying to rip away one of the most valuable pieces of assets the City of Miami had so that he could give it to his friends and business partners. Well, it is funny how, all of a sudden, after the November election, is when now we see Mr. Meyers that sat down with these same people that attacked Ferre so heavily, that financed the campaign of their Mayor, and even two days before this Commission met again on this issue, is when they formed their Watson Island Development Corporation. I have to ask a question out loud - did this group oppose Ferre all these years because they really felt that Ferre wanted Watson Island to give to his friends so that they could make a bundle of money on it? Or did they oppose Ferre because Ferre didn't give Watson Island to them, so they could make a bundle of money on it? At the same time, what I have seen up to now hire is that the sub- stance that we have been receiving, the economics behind this project, the feasibility of the project, are minimal at best, if not laughable. All that I am seeing here is that key individuals that formed the Cuban -American Foundation, whose sole goal was supposed to be not using their influence that they achieved through that body, to make personal gains for themselves, but their sole goal was supposed to be the liberation of Cuba and informing the free world, and all the world about what was happening inside of Cuba. I am seeing how this group of individuals that belong to the Cuban -American Founda- tion, instead are now using that influence that they gained to profit in dealing with governments, I think it is shameful, and there is nothing wrong with businessmen going out and being businessmen. No, there is nothing wrong with that, but there is something terribly wrong in their doing that, when their commitment to a heck of a lot of people was being involved in a founda- tion that was established for the sole purpose of combatting Castro. I wonder Id 34 April 229 1906 'hd how thousands of little people that work in a factory in Little Havana, or the elderly, that send their little $5.O0 and $10.00 to this foundation might feel now, and I am saying this publicly for the first time, being fully aware that I am going up against almost a wall of steel in the influence and power that these individuals have, and that one of the first things that they are I' going to do is finance whatever they have to whatever they have to against me comes next November to get me out of this position. I am not concerned about j that. My concern is, what is right for this City, and I feel that this project, as presented here, is an insult to this community, and if these gentlemen want to be involved in business, whether it is here in the City gov- ernment, through the influence they feel they have, or whether it is in Washington and getting grants, then they should do what is honorable, and resign their respective positions from the Foundation that a lot of people had different expectations of. Mr. Pena: Mr. Mayor, can I say something? Mayor Suarez: No. Mr. Carollo: Yes, you can say something, Mr. Pena. Mayor Suarez: No, no. Mr. Carollo: No, no, Mr. Mayor, he can say something herel Mayor Suarez: No, the Chair rules debate is ended on this issue and we will take a vote. We have got a motion and a second. Please call the roll. Mr. Carollo: Mr. Pena... Mr. Plummer: No, no, whoa! Mayor Suarez: Commissioner Plummer. Mr. Plummer: Mr. Mayor... Mayor Suarez: You can overrule my decision, if you want. Mr. Plummer: Well, Mr. Mayor, if the motion is so made, I will vote for it. I have always expressed a person's right, especially, if he has been named, or indirectly named to allow him to have that right, but let me say to you, so that my Commission members are not surprised. The motion as presented, I will be voting against, and that is because of the wording of the motion. I am not in any position to accept in principle, the proposal. I am in a position to send the R.F.P. to the Manager for negotiation, but when you say in a motion that I accept in principle, the project, I don't know what that project is going to come out of negotiation, so I am making the record very clear so nobody thinks I am playing games with them later. I would accept and vote for a motion to take the R.F.P. and send to the Manager for negotiation. I cannot accept to accept in principle the project, so I want that understood. Mr. Dawkins: Commissioner Plummer, your intent is well heard. I rescind the motion and move that the R.F.P. be sent to the Manager. Mrs. Kennedy: Right, because we cannot vote for something that we don't know what its going to be. For negotiation, we are just allowing them to negotiate it, it is my understanding too. Mr. Dawkins: That is Correct. No problem. Mayor Suarez: Amendment is accepted. So moved and seconded. Yes, Mr. City Manager? Mr. Odio: I would like to add in the resolution, if possible, that we have up to $50,000 that they would pay for it later, to hire Touche-Ross for the feasibility study. Mr. Plummer: Is that agreed by the proposers? Mr. Dawkins: Why does it have to be Touche-Ross? Mr. Odio: Or an independent firm. Id 35 April 22, 1946 f 011 Mrs. Kennedy: An independent firm. Mr. Carollo: Maybe we should hire Leventhal and Horwath, the one that they are using, that recommended the Knight Center for us. Mr. Dawkins: No, you don't have my vote on that onel Mr. Odio: If you wish, we will bring three companies back to you, and you chose whoever you so desire, Commissioners, but, I do feel we need a feasibil- ity, once we have the ... Mr. Carollo: Well, let me say this for the record - I think it would be shameful, if when we have a fine, professional firm that gives their best professional opinion to the City, that because now it doesn't benefit these individuals, that we are talking about changing policy of that firm to get another one. Mr. Odio: Well, the reason I mentioned Touche-Ross is that you selected them originally to do the feasibility when the Watson Island project came up, and that is why I brought them ... that we need to revisit the new numbers, and come up with a new feasibility study. Mr. Dawkins: If you come back with three names, and that name is entered, and they get three votes, I have no problem with it, but I do not want you to nominate that individual here now, to me. Mr. Odio: Yes sir, I will bring back three companies May 8th for you to select. Mayor Suarez: So moved and seconded. Mr. Carollo: If I may, I would like to bring a substitute motion at this point in time, Mr. Mayor. Mayor Suarez: Go ahead, Commissioner. Mr. Carollo: And while I am going to, I would like to bring out the fact that one of the counselors stated for the record that this project was loved by most folks in Miami, something that I doubt tremendously. Well, if this project is so loved by most Miamians, and if this project is such a good project that will stand the scrutiny that the media will give it in a referen- dum, so that the people of Miami can either agree with it or not, I think that this project should go to a referendum, a referendum... (APPLAUSE) Mayor Suarez: Please, please. As I have always stated, clapping for or against something will not help the cause. Go ahead, Commissioner. Mr. Carollo: A referendum in September, so that the people of Miami can have the final say in this. I mean, you spent campaign after campaign, four campaigns, Mr. Mayor, speaking against Watson Island, now all of a sudden that the right people are involved in the project, you are for it. I think the people of Miami should finally have a any in Watson Island, and I would like to make a motion that the Watson Island issue be place in a referendum in the elections of September, so that the people of Miami can either approve it, or disapprove it. Mayor Suarez: So moved. Do we have a second? (No reponse is heard seconding the substitute motion) Please call the roll on the first motion. ld 36 April 22, 1906 ,1 1 '( The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-294 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FURTHER NEGOTIATE PROPOSAL RECEIVED FROM MIAMI MARINE EXPOSITION INC. FOR DEVELOPMENT OF CULTURAL, RECRE- ATIONAL AND ENTERTAINMENT FACILITIES IN WATSON ISLAND; FURTHER REQUESTING THE CITY MANAGER TO COME BACK THE FIRST MEETING IN MAY WITH THREE NAMES OF C.P.A. FIRMS FOR THE COMMISSION'S CONSIDERATION AND SELECTION OF ONE OF THE FIRMS TO DO A NEW FEASIBILITY STUDY NOW THAT NEW MEMBERS HAVE BEEN PROVIDED BY THE DEVELOPER . Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer* Commissioner Rosario Kennedy NOES: Commissioner Joe Carollo** ABSTAINED: Mayor Xavier L. Suarez*** ABSENT: None. COMMENTS. ON ROLL CALL: Mr. Plummer: Send it to negotiations, yes.* **Mr. Carollo: No, I think this is one of the saddest charades that I have seen in this Commission since I have been here. ***Mayor Suarez: Based on the City Attorney's clarification to me that the possibility of ongoing representation of Pepe Hernandez poses a conflict, I abstain. Mr. Dawkins: I sympathize with Commissioner Carollo, because I know how he feels, the many times I have sat here on the losing side of a four, one vote, and I, too, thought it was a charade on humanity, but when you are up here like this, you will get used to it, Joe. Mr. Carollo: Miller, I assure you, when I first came before this Commission, I used to be in a four one vote, and I did pretty well then. If I have to be in that position again, I can certainly handle it. My shoulders are wide enough to handle it, Miller. Mr. Dawkins: I say, what goes around, comes around. Mayor Suarez: Al, clarification, because we really have got to get to this item. Mr. Cardenas: Yes, Two things, one, I think we need it on the record for the City's benefit, our agreement to pay for that $50,000 fee, and we will; and number two... Mr. Odio: You don't have any choice in the matter. It is in the R.F.P. Mr. Cardenas: Number two, there was a suggestion by Commissioner Plummer, a request that full disclosure be made as to the individuals participating in the Watson Island Corporation and their percentage of interest prior to beginning negotiations, and we will do that as well. Thank you. Mr. Plummer: And also, that it will be in the negotiations that any future partners must be brought to this Commission for approval. Mr. Cardenas: That's correct. ld 37 April 22, 1986 Ms. Dougherty: And, subject to your approval of these. These will be subject to your approval too. These here) Mr. Plummer: Oh, yes. We have another bite at the applicant. Ms. Dougherty: That's truey 2. PRESENTATIONS T0: (1) HIGH SCHOOL SILVER KNIGHTS AWARD WINNERS. (2) LILLIE TAYLOR. 1. CERTIFICATES OF APPRECIATION: presented to Silver Knights award winners, Miami area high schools. 2. CERTIFICATE to Lillie L. Taylor for winning title of Miss Collegiate Black America, 1986. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 3:55 P.M. AND RECONVENED AT 4:00 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMIS- SIONER CAROLLO. 3. DEFER CONSIDERATION OF PROPOSED LOCAL BOND COUNSEL FIRM FOR 1986 SALE OF GENERAL OBLIGATION BONDS OF THE CITY. Mayor Suarez: I just want to see how the Commission feels on the proposal for bond counsel work from the City in terms of how we are going to handle it procedurally. We are going to obviously have to spend some time on the next item, which has been scheduled for 2:00 P.M. I can tell you that most of the submissions that I've reviewed, did not have what I was looking for, which is a per hour maximum guaranteed hourly fee. I am looking for a true competitive process, and I believe that is what this Commission expressed. We could do that a lot of ways, I suppose. One way, Madam City Attorney, would be to send it back to you, but with the exception of two law firms, most of them did not give a maximum guaranteed hourly fee. They gave ranges of fees, which is not really what I was looking for, but in any event, what is the Commission's pleasure on this item? Do you want to get into this? Do you want to hear the proposals from the different firms? Or, do you want to defer on the entire items so we can take it up at another time? Mr. Plummer: Mr. Mayor, I will speak for one and start it off. Unfortunate- ly, I was out of town until Sunday afternoon. My office received, I think it was either 11 or 13 proposals, and I have not had the opportunity to read each and every one of those proposals, which I think it behooves me to do. I have no problem if the Commission wants today to hear from the individuals, but I am not in a position today, as far as I concerned, to make a vote, so I am just expressing that for Commissioner. Mayor Suarez: Madam City Attorney, let me ask you a question. This is the same question I asked you last time. Is there really a way to make this truly competitive, that we get the lowest priced firm, if you will?... assuming that all of them are equally qualified, or reasonably qualified, or have threshold qualifications, or however? Can you think of any way in which we could leave up to you, supposing this Commission wanted to do that, for the determination of which one was actually the one that would cost the City least, or which group of three or four, or however, the Commission... Mrs. Dougherty: Mr. Mayor, if I could suggest, what I would suggest you do is pick the best counsel that you think... Mayor Suarez: That is what I need, a suggestion. Mrs. Dougherty: City Attorney. ...is there, and leave the negotiations of the price to the Id 38 April 22, 1986 f Mayor Suarez: Yes, but that doesn't sound very competitive. Mrs. Dougherty: You could just pick the price that you want. Mayor Suarez: Can we pick all 15 of them, and let you negotiate the cheapest �t ti hourly fee that you can get? Mrs. Dougherty: I wouldn't suggest doing that. That is not the right way to select legal counsel. Select the best counsel, and then... Mr. Dawkins: Madam City Attorney, why is it, as long as we were going to New York and spending money, nobody was concerned about negotiating with fees and finding means and methods of not giving it to a local firm. Now, all of a ii sudden, it becomes important to find out what they are going to charge per hour. Why? Mayor Suarez: I guess that is not really directed at you. I guess that is directed at me. Mr. Dawkins: No, air. No, no, no. You are already a lawyer and you are in business. I want the City Attorney, who we are paying, to tell us. You don't hear me, because you are thinking in terms of what your law firm will j, �z make, see, so there is a difference. I mean, it can't be unbiased. Mr. Plummer: Well, would you like to hear from an undertaker? Mayor Suarez: He buries them all. { Mr. Dawkins: Go ahead, J. L. Mr. Plummer: I will give you my reasoning, and that was, in a recent bond issue that was passed, when I saw the numbers that were proposed, and were approved and paid for legal counsel and underwriters, I was shocked! And I . 1 thought it was totally out of question. I thought it was totally unreason- able, and yet I was told, well, that is what they all charge. I don't believe that to be the case, Mr. Dawkins. I think that they are in a competitive world as we are, just as in the same way they are competitive as to their professionalism, understood by the trade, and I think that there are some that are recognized as better than others, and that is what we have to weigh, as to what is best for this City, getting the exact professionalism with a fee that ,j is commensurate, and a fee that is reasonable. Mr. Dawkins: Well, we saw, J. L., that the fee went from what?... S18.00 to $22.00 per thousand. Is that what... Did I see that in a memo that I got, 3 Madam City Attorney? Mrs. Dougherty: I don't recall. Is this one of the proposals you are talking about, or a former bond issue? Mr. Dawkins: OK, so what you are saying, J. L., you want to get as close to $12.00 as you can, and as far away from $22.00 as possible. Is that what...? Mr. Plummer: I guess that is what I am saying, but here again, Commissioner, my thought is, that there are two ways to do it. Actually, there are three. One is based on an hourly rate, the other is a percentage, and third is a combination of both. There are advantages and disadvantages, depending on the size of the issue, and I would like to see it more delineated as to what is this City's option if we do choose. I think there is one other question that has to be understood prior to making selections, and that is, what is the policy of this Commission. We know in the past there have been five firms that were listed for a rotation basis. There has been suggestions that it be less than five, and I think this Commission has to adopt a policy that we are going to choose "x" number of firms, and I think that has to be established, and then I think the procedure has to be how that will be done. Mayor Suarez: OK, if we have no specific motion, or suggestion that we can proceed on this item, we will just proceed on the regularly scheduled item. Mr. Plummer: Well, Mr. Mayor, I will make you a motion at this time... Mayor Suarez: Yes, Commissioner. ld 39 r April 22 1,98b P �. t 1� j Mr. Plummer: ..,,that this matter be deferred over to the May 8th meeting, and that those questions raised by you as to the competitiveness be answered, or be given the opportunity to be answered by the proposers. I will so move. Mayor Suarez: So moved. 4' Mr. Dawkins: Second. Mayor Suarez: Seconded. I will still be looking at that bottom line in terms of the per hour fee, and I think two firms - Morgan Lewis and Holland and _ Knight submitted those to me, and the rest just gave ranges, and I am looking for that guaranteed per hour fee. Moved and seconded. Any further discussion from the Commission? Call the roll, please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-295 A MOTION DEFERRING CONSIDERATION OF PROPOSED RESOLU- TION RETAINING A LOCAL BOND COUNSEL FIRM TO SERVE AS PRIMARY COUNSEL WITH RESPECT TO THE 1986 SALE OF GENERAL OBLIGATION BONDS OF THE CITY OF MIAMI TO THE ' MEETING PRESENTLY SCHEDULED FOR MAY BTH; FURTHER INSTRUCTING THE ADMINISTRATION TO BE READY TO ANSWER QUESTIONS RAISED ON THIS DATE BY THE COMMISSION AS TO THE PROFESSIONAL COMPETITIVENESS 01 SAID PROPOSED FIRMS. 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. i ABSENT: None. ON ROLL CALL: t Mr. Dawkins: Reluctantly, but following J. L. Plummer, yes. • ALTHOUGH ABSENT AT ROLL CALL, COMMISSIONER CAROLLO LATER ASKED OF THE CLERK TO BE SHOWN AS VOTING WITH THE MOTION. NOTE FOR THE RECORD: Commissioner Plummer comments on rescheduling meeting of May 8th to May 7th. Also as per Commissioner Dawkins request, there was a directive to the administration to notify all of the media when there is a change of City Commission Meeting dates. See label £15. ld 40 April 22, 1986 I 4. DISCUSSION OF COMMUNITY DEVELOPMENT BLOCK GRANT (TWELFTH YEAR) (See label#6) Mayor Suarez: OK, we are on to the 2:00 o'clock p.m. items. Can we hear from Community Development? I'm sorry, Madam Commissioner. Mrs. Kennedy: Mr. Castaneda, before you start, let me just ask you something. Perhaps you can address your opening comments. Why are we taking it on the Little Havana Activities and Nutrition Centers? It seems that we are trying to hurt the people that provide the most services. I mean. looking at this, this is totally ridiculous, if I may say so. Let me say it in Spanish, so that everybody understands: (COMMENTS IN SPANISH) Mr. Plummer: Without a translation, I know where all of these people are froml Mrs. Kennedy: Perhaps you can address that comment. Mr. Castaneda: Well, I will address it in my presentation. Mayor Suarez: Go ahead. Mr. Castaneda: Basically, Mayor and Commissioners, what we have here for you today is a bare bottom budget. It is $9,875,000, plus $600,000 of program made up from both single and multifamily rehab. It represents a cut of $4,165,000 from last year, which is a very significant cut. It is a cut equal to 30 percent. The biggest problem that we are facing this year, is the anticipated loss of also revenue sharing. As you are all aware, the City allocated $1,000.000 last year out of the revenue sharing funds for social services agencies. In this recommendation, we are trying to address some of the needs that will be forgone with the loss of revenue sharing, but I can assure you that not all of the needs are being assured. We are looking at a cut of $1,600,000 for social service programs, and that is what is creating the basic issue. I would like to say that at the beginning of this year, we appointed a new board. Maria Elena Torano is the chairperson. She is pres- ently here and she will be stating the points of view from the board's point of view, and I would like to say that we really gave them a very horrible task in that this is the first year that any advisory board of ours has to deal with substantial cuts in Community Development. Basically, in the area of housing, we are recommending maintenance of the multifamily program, but substantial cuts in single family rehab programs, but we are basically look- ing at a cut in the single family rehab program to basically half of what we had last year. What we are asking, and the board has concurred on that, is to request money from the surtaxes to try to replace some of the anticipated loss of money. In the area of Economic Development, we are recommending the maintenance of the existing agencies and multifamily and commercial facade programs in the different areas, commercial paint programs in the different areas. Even though we are recommending all the Economic Development agencies back, we feel that four of those Economic Development agencies are not func- tioning up to par, and we would like, when we enter into contract negotiations with them, basically put them on probation, and only give them a six month contract, at which time we will bring them back to the City Commission for its determination. In the area of public service, which is the area of the most concern here, basically, what we did is, we did two things. Basically, we gave preference to the Community Development agencies. Since the Community Development agencies were disbursed through the different target areas, we felt that was a much better way of disbursing the funding. Then we gave preference to the Commission's position that we should feed the elderly, feed the poor, take care of the sick, and provide related transportation. In doing that, basically what we did, is we eliminated some of the Community Develop- ment agencies that failed to meet that criteria, which were Belafonte Sports. Little Havana Outreach, Family Counseling Services, Downtown, and T.E.A.M. Then, we took that allocation, and then we looked at programs which we felt were considerably hurt. In that formula Little Havana Activity and Nutrition Centers, and J.E.S.C.A. would have only received $19,000. What we basically did is, we increased that allocation in order to compensate for that tremen- dous loss of money, because most of funding was coming from revenue sharing, and we raised them to $90,000. We followed suite with Allapattah Community Id 41 April 22! 1986 Action agency, and then in order to provide a program in the Haitian communi— ty, we decided to recommend the H.A.C.A.D. food program in the Little River i area. A program that suffered seriously with this type of recommendation is J. Action Community Center. Basically, in order to meet the needs of the meal program, we used Action Community Center as a balancing figure, and that is what caused the tremendous loss of funding for Action. At the Commission meeting of April loth, the Commission considered the funding of the Southwest program for the Flegami Park program, and at that meeting, you recommended $150,000 be allocated from Community Development. As I mentioned at that meeting, we have $394.000 in contingency to do that, and if that is still the will of the Commission, which I assume it is, the approved classification..... Mayor Suarez: That was from prior year funds, was it not, Frank? Mr. Castaneda: I am sorry? Mayor Suarez: That was from prior year funds, wasn't it? Mr. Castaneda: No, that was from this year's funds... Mayor Suarez: Reserve funds? Mr. Castaneda:... but we have $394.000 in contingency to take care of that, and it can be done, and the application should be amended to take that into consideration. With that, I would like to introduce Maria Elena Torano, which I am sure everybody knows and here she is. (NOTE: COMMISSIONER CAROLLO ENTERED THE MEETING AT 4:16 P.M.) Mr. Plummer: Well, Frank, you are not finished? Mr. Castaneda: No. Ms. Maria Elena Torano: Commissioner, would you like for him to answer some of your questions, before...? Mr. Plummer; Well, the one thing that he has got to answer for me before he } ever gets started, is the thing called administrative. Mr. Castaneda: Yes, sir. Mr. Plummer: Administrative is about... Mr. Castaneda: 20 percent. `= Mr. Plummer: About 20 percent, and I, for one, think that is unreasonable, }j OK? So, I want you to try, as far as you are concerned, to justify that now, because right now, you have lost! Mayor Suarez: Can you give us a rough breakdown? Is that for your own staff? Mr. Castaneda: It is for the... (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: Please, quiet in the back! Go ahead, Frank. Mr. Castaneda: The funding... (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: Sounds like to me, somebody agrees or disagrees! Mayor Suarez: Go ahead, Frank. Mr. Castaneda: The administrative funding covers expenses of our department, of the Department of Planning, and what is called, indirect costs, which are indirect costs associated with the Law Department, Finance, and costs of that nature, and that is what basically... Mayor Suarez: Are there interdepartmental transfers as a result of that? Do we have transfers going back to the Legal Department and... ld 42 April 22, 19+6 Mr. Castaneda: Through the... Mayor Suarez: Now much... Mr. Castaneda: An auditing firm does an audit of what are the indirect costs associated with our department, that is the issuing of checks, legal advice, and things of that nature. Mayor Suarez: And then an actual payment goes from C.D. blocks grants to that. Mr. Castaneda: To the City Finance Department, which goes into the General Fund. Mr. Plummer: Well, you tell me. I am looking here - what is the total amount, Frank? Mr. Castaneda: For administration? Mr. Plummer: Yes. Mr. Castaneda: $1,974,800. That is 20 percent of the grant and... Mr. Plummer: What about Planning? Mr. Castaneda: That is in that figure. Mr. Odio: They have got two people in there, planning. Mr. Plummer: So, you are talking... I see what you mean, all right. Mr. Castaneda: That, $1,900,000 includes C.D., planning, and indirect costs. Mr. Plummer: And that is $1,000,000...what? Mr. Castaneda: $1,934,800, and that is cut of $833,000 from last year. Mr. Plummer: Do we have a breakdown of that anywhere? Mr. Castaneda: No. That is discussed in the budget process with the Commis- sion. Mr. Plummer: Well, OK, I am telling you that at this particular point, I am not voting for that portion, OK? That is what I am telling you right now, and I also want to ask a question, and I might be, as Joe says, holy ground. Who is the Greater Miami United? Mr. Castaneda: Great Miami United, the director of that program, her name is Tony Gary. Mr. Plummer: Oh, oh. I am on holy ground. Mr. Carollo: Well, J. L., if we accomplish one thing in this year 1986, is that there will not be any sacred cows left. Mr. Plummer: I still had to ask the question, even through Tony is a good friend! Mr. Odio: Greater Miami United was founded after the riots by Richard Ewen, Eduardo Padron Ms. Athalie Range was involved, and that is what I know. Mr. Plummer: Well, let as read to you, OK? Let me read to you from what your statement about Greater Miami United. Mr. Odio: They have recommended every year by. Mr. Plummer: That is from 19.A, under City-wide projects. "It is the Commission's policy that we will feed the hungry and take care of the sick." Mr. Castaneda: That is not a social service program, Commissioner. Mr. Plummer: Then why is it involved in here? Mr. Castaneda: Because, this is the whole grant. Mr. Plummer: Here is my problem, OK? My problem is that is money that could be used in social services. Mr. Castaneda: Mo, no it is not, Commissioner. Mr. Plummer: Sir, you are telling me I could not transfer, as a Commissioner, this money over to social services? Mr. Castaneda: No, sir. Mr. Plummer: Why? Mr. Castaneda: You have a 50 percent cap for social service programs and what you have... Mr. Plummer: That is a recommended cap. Mr. Castaneda: No. It is a strict cap. You have $1,480,000 for social programs, and you have 20 percent for administration and that is it. Mr. Plummer: When did that change? Mr. Dawkins: But, is there anything that says that it has to go to that agency? Mr. Castaneda: Oh, no. Mr. Plummer: Well, wait a minute now. I am looking here. It says, "This project would provide specialized administrative and technical assistance to support C.B.O.'s involved in economic development projects. To me, that is i administrative, and what I am looking at here is we are piling other things on top of what I feel is an outrageous administrative percentage at this point. OK, so you can speak to that, or however you want, but at this particular point, as far as I am concerned, that's Mr. Odio: Commissioner, I asked the same question when I met with him. Mr. Plummer: Were you satisfied with the answer? Mr. Odio: Well, they are mandated by law. Mr. Plummer: Well, I am not satisfied with the answer, because there are some of the things in here under social service programs that you can take out and put in another budget, OK? Mr. Odio: No, sir. Mr. Castaneda: Well, not in Community Development. Mr. Plummer: Frank, you have been around here long enough. There is a thing called General Fund. Mr. Castaneda: Oh, well. yes. Mr. Plummer: Ah hat That is like, and I don't mean to hit another so—called sacred cow, but you know, Josefina Carbonnel, standing right back there. where did she get $300,000 to buy a building from? Community Development! Where did the money come from for Allapattah? Mr. Castaneda: Community Development. Mr. Plummer: OK, but how much money did you have in programs that came out of the General Fund? A lott Mr. Castaneda: Only under revenue sharing. ld 44 Mr. Odio: Under revenue sharing on it? Mr. Plummer: I understand thati Go ahead, proceed. You can cancel the rest of the night's agenda, I assure you. Mayor Suarez: Afterwards, I am going to ask you, Frank, to give a clear, succinct breakdown of those requirements as you previously stated. We want to know... I think this Commission wants to know to what extent we are limited in our discretion in allocating to programs we consider to be more worthy than others. Mr. Plummer: One final question. Were there any new programs funded this year? Mr. Castaneda: No, sir. Mr. Plummer: Thank you. Mayor Suarez: You mean, recommended? Mr. Plummer: Yes. Mr. Odio: We are not recommending any new programs. We allocated the monies to... Mayor Suarez: We are talking about the existing fiscal year, the current fiscal... Mr. Plummer: No, for the twelfth year. Mr. Odio: No, this program we Mr. Plummer: The twelfth year. Mayor Suarez: The proposed one. haven't voted on it yet. OK, you are not recommending any? We Mr. Plummer: None. Just want to make sure, thank you. t Ms. Torano: Mr. Mayor and Commissioners, my name is Maria Elena Torano, and I am the chairman of the Community Development Advisory Board. Commissioner i Kennedy appointed me to the board, and I thank her for giving us the opportu- nity to work in concert. There were 13 members of the board that were charged with the mission in three short months, to make a recommendation to this body as to how millions of dollars were going to be disbursed. This mandate was given to us at a time when the so-called hit the fan in Washington, and Graham Rudman was making great waves. I remember that I got out of a plane and went to the board meeting, and I dame back from Washington so outraged, and said so much about the value of this program, how we could maximize it, that...* was elected chairman. We have had a hell of a teamwork process in working on allocating the funds. The staff has been superb and I have to really go beyond what this exercise has been, and think that there is a lot of possibil- ity about people in Miami joining forces for some common goals. Although there were some discrepancies, whether Latins, and Blacks in Allapattah and Overtown and Little Havana were getting their share or more, when it came to make those recommendations, we spoke with one voice, and one thing that I would like to bring up, which is the only concern that I have right now, and let's say, one thing you should know, that in three months we have met a minimum of 20 meetings in the neighborhoods, in the various task forces that were appointed, social services, housing, economic development. We even thought of appoint- ing a businessman from the downtown area to work with the social service agencies, because the emphasis now is in private enterprise and privatization, in strengthening the private sectors so that it can pick up, our government is unable to do much any more, and we have that close relation. I would say that it was extremely effective and enlightening to many of our folks. There is one point of discrepancy, and again, let me say, that I was a little shocked when I heard Mr. Castaneda was deviating from a decision that he made at the and of our deliberations meeting, and that was that he was going to adopt the recommendations that we were making as his own. I don't know what happened after that, but two or three days later I know that the recommendation: had changed, and that the hot issues, so to speak, was the $150,000 that were given to three community based organization, namely, Tacolcy, Liberty City, id 45 April 22, 1986 St. Johns in Overtown, and Past tittle Havana. Just before coming into this meeting about an hour ago, I met with... I have talked personally with the executive directors of those organizations, and I asked if they wanted me to pitch their individual organizations, rather than the three as a block, and the reply was, the board made a recommendation for the three of us together, so we are sticking together, so it is really... that is where the process stops, and it is now yours for your deliberation and your decision. The people that are here today, Mrs. Kennedy, I share your concerns. They are all friends. I have never seen a spirit of voluntarism like the one that you have in this room together today. I think that you have senior citizens. You have representatives of our youngsters. You have society women that are coming here, rolling up their sleeves to speak on behalf of the causes and the ideals that they believe in, and that the tone of this meeting is quite different from the tone of the meeting before, and for that, I have a lot of respect for the process, so thank you, and it is all yours. Mayor Suarez: One question. Were there any programs currently being adminis- tered by the City, that you recommended against funding at all, because you thought that it was not being handled properly, or was not achieving the ends that it was supposed to achieve, or whatever. Ms. Torano: What we did, Mr. Mayor, was that we wanted to make sure that the organizations that we were recommended had received the point, had met the requirement, that were administratively efficient, that they were doing their jobs, so to speak, and Mr. Castaneda said that was a guarantee, and that nothing was going to come to us that was not meeting their expected goals. At the same time, because we were face with a 30 percent cutbacks we made a policy not to fund any new organizations, and the reason that the $150,000 are 4 being recommended is that we are going to jeopardize $1,600,000 in housing } programs from the Sawyer Fund and from Enterprise Foundations, if we don't provide the administrative staff. '3 Mayor Suarez: OK, that is not answering my question, and I appreciate that explanation as to that money. I don't know how the rest of the Commission x'f feels, but I can tell you that regardless of that jeopardizing, or that jeopardy for those programs, those are housing programs, and we have voted a t lot of money in this Commission since I have been Mayor and Rosario Kennedy _ t has been Commissioner, and the rest of the Commissioners, since November, *r> s let's say, for housing, and now we are talking about a variety of other programs, so I frankly would suggest to those three entities that they go look .-_.0 for housing monies, and of course they have received quite a bit of money, = P $3,200,000, two of them, and the other one is in line for participating in a $40,000,000 construction program in Overtown, but that wasn't my question. My 't question was, very simply, is there any program that you considered that the ? City was funding last year, that you think that your board collectively thought was not doing a good job, and should be recommended for cancellation for any particular reason, whether irregularities, or... Ms. Torano: No, what was presented to us... Mayor Suarez: You were trying to allocate the monies on a percentage basis. Ms. Torano: But we took each project individually. Mayor Suarez: I understand. Mr. Odio: Mr. Mayor... Mayor Suarez: I'm happy that there wasn't any, you know, misuse of funds, or anything like that, that you found. Mr. Odio: For clarification, because Frank has to go out to meetings too, and he has to have creditability. Mr. Castaneda recommended these three groups. I overruled him. They were three new groups. I felt that we should not fund any new groups, especially, since it would go to administrative costs. We don't need any more of that. We have enough agencies that rehab, that we needed, so if you open those three, you open Pandora's box to Wynwood and Allapattah, who was left out, and who else was left out, so I overruled. Ms. Torano: Mr. Manager, you are doing a hell of a job, and as a Cuban - American, I have a lot of respect, and have made it a point to just make sure that whatever little I can do to assure your success, I would do so, because ld 46 April 22, 1986 it is the success of the people of Miami, so if you overrule our recommenda- tion, it is your decision, and I respect it. Mr. Odio: It was not a capricious overruling. We made a professional, that if we open those three, why wouldn't we open one for Wynwood and Allapattah and all the other areas that were left out? Ms. Torano: Right. Mr. Plummer: Welll Ms. Torano: I am on my way to Brazil. Any other questions? Mr. Plummer: Yes, one other question. Am I assuming correctly that there were 15 programs dropped this year? Ms. Torano: Yes, that is a good figure. There were some programs that were receiving additional funding from the County, or even some State funds, and those were in the order of priorities. We make sure that the ones that were extremely weak would survive. but when they had other sources of funding, they were not necessarily recommended for funding. Mr. Plummer: So in other words, there were 15 programs that were funded by this fund last year that are not this year going to be funded, is that cor- rect? Ms. Torano: We didn't count them. Mr. Plummer: I counted them. Mr. Castaneda: Commissioner, I have not counted them, but I assume you are including both Community Development and revenue sharing. Mr. Plummer: I am going from Attachment 1. Mr. Castaneda: That is correct. Attachment 1 includes both the agencies funded by the City of Miami for social service programs, including Community Development and revenue sharing, Commissioner. Mr. Plummer: All right, so then, I guess really what I am asking, that for example, in the First United Methodist Church of downtown, that is in fact, a food program? Mr. Castaneda: It is a food program, but as I said at the beginning, we gave preference to the Community Development agencies. Mr. Plummer: The community what? Mr. Castaneda: The agencies that have been previously funded under this fund. Mr. Plummer: Can you name me another downtown C.B.O. that has a food program that we fund? Mr. Castaneda: Family counseling services, which... Mr. Plummer: No. sir. that is counseling. I said a food program. Mr. Castaneda: No, it isn't. Mr. Plummer: And did you not also drop the family counseling? Mr. Castaneda: Yes, Commissioner. Mr. Plummer: So, in other words, you don't have a single food program in the downtown area. Mr. Castaneda: That is correct, Commissioner. Mr. Plummer: Can you justify that? Mr. Odio: No, sir. We made a mistake, and we will correct it. ld 47 April 22, 1986 Mr. Castaneda: Commissioner, with all the cuts, $1,600,000 cut, what we tried to do, was to try to balance the funding as much as possible. Mr. Plummer: OK, I just... I am asking. Mrs. Kennedy: And what were the guidelines that you used to discard? Mr. Castaneda: The guideline was basically... we gave preference to the Community Development agencies. Out of the Community Development agencies, we eliminated those agencies which are not in the primary category. The Commission's resolutions, which are... which would be Little Havana Outreach, Belafonte Sports, Family Counseling Services downtown, and TEAM. We eliminat- ed those. We eliminated those..e we understood there would be funding for Little Havana Activity, and J.E.S.C.A. was very small under Community Develop- ment, and we had to raise that, and we did raise it to $90,000. I know the people argued that we lowered it. We lowered it in totality, but we raised it from what they had received in Community Development block grant funding. Mrs. Kennedy: Frank, it's a 66 percent cut. I mean, let's take... Mr. Castaneda: No, it is a 300 percent increase in Community Development. Mr. Odio: But you see, Commissioner, you need to explain this clear. Revenue Sharing monies, and Community Development... Mrs. Kennedy: I am must trying to figure out... let's take... Mr. Odio: If you take Community Development money alone, they had an increase over what they got last year, because I made sure of that. Mrs. Kennedy: OK, but there is a lot of politicking that I don't want to get involved. There are other centers that received the same amount, $90,000, that have been in existence for two years. Little Havana has been for 12 years. Frank, let's take the largest facility. They serve over 200 people, let's say for argument's sake, 200. At $1.76 per meal, times 250 two days a week, that is $88,000. They with the 66 percent cut, you are their meals. That is not even enough for food. Mr. Castaneda: I am aware that we are doing that, Commissioner. All the programs are going to face serious cuts. The amount of meals being served next year in the City of Miami area is going to be drastically curtailed. You know, I am not denying that. Mr. Odio: We went by steps. It is very difficult. If you go only with food, you take the money from day care centers... Mr. Castaneda: Right. Mr. Odio: And put it into food. You have those options, but, you didn't want to take it from day care either, because you wanted day... I think day cares are vital for mothers to work. They are very needed in the poor sections. They need a place where the kids can be left, so that was the options we had, you take it from one and give it to the other. Mayor Suarez: Supposing, we were to take all of the programs that received funding last year and simply cut across the board 30 percent, with the expec- tation, the additional instruction that has been given to the City Manager, I believe, or at least, the consensus seems to reflect that we would give that, that the other 20 percent for administration would somehow, by a magical process that you are going to engage in, of trying to reduce all of those administrative expenses, be returned, as much as possible, to the pot, so we would approach 90 percent of prior funding. In the ideal situation, where you spend nothing for administration. I know that is impossible, but you might approach 80 percent, and then the other 20 percent, hopefully, in time, if we can get additional monies from the Federal government, or General Fund, and I hesitate to even mention that. I don't want to give anybody the impression that we will have anything from General Funding, that we would slowly try to build up, in the cases of the most important and worthy programs, because what we have done, we have set up a very beautiful vehicle of consultation of the community, this C.D. board, which would work great if our monies were expand- ing, but'in a situation where our monies are contracting like this, and assuming that their recommendation, as Maria Elena indicated, is that all of ld 48 April 22, 1986 the programs have been a good job and are needed, we have built up all these expectations in the community of getting funding, you know, it would make more sense to me, to just cut across the board. That is just my own... Mr. Plummer: Mr. Mayor, let me tell you the problem with that. Mr. Odio: Let me just suggest to you that ... OK. Mr. Plummer; You know, in theory, and on paper, it looks good, but the problem of it is, is that if you cut some of these programs that have been cut out by 30 percent, in effect, what you have done is cut them outt OK, you know, 10 percent will make or break the program, and you went across the board 30 percent, now, I think we are trying to find a balance between the 30 percent cut, and the ridiculousness of the Little Havana 66 percent, or 60 percent, which is going to the extreme. Mr. Carollo: Well, not only that, J. L., but I think you've hit the nail on the head. Some of these programs, if we take 30 from one and 30 from another, we are going to kill them all, so I think this Commission has no choice, but to pick the programs that we are going to sponsor and sponsor those right. We are not going to be able to sponsor all the programs that way, but at least we are going to make sure the ones that we sponsor, that they are going to survive. Mr. Castaneda: Mayor and Commissioners... Mr. Odio: If I may add, based on what the Mayor said, if we took that formu- la, the Little Havana Activity Center will receive $19,000 from Community Development monies, instead of $90,000. Mayor Suarez: Yes, because they lost their other funding from other sources. Mr. Castaneda: The other point that I wanted to make was, that remember, even though we are looking at a 30 percent cut in Community Development, because of the cut in revenue sharing of $1,000,0OO, that translates to a 53 percent cut, so, you know... Mr. Dawkins: Frank, let me tell you something. I sat here last year, and you people juggled figures. You had all these same people coming back six, seven, eight times, and we still ended up with nothing, OK? Now, today, I am telling you once and for all, what ever you are going to do, you say you are going to do it today, OK? Because I am not going to have people coming back at the next meeting looking for something we don't have, and then somebody saying, "Well, look, don't worry, we will find it. Come back next time." Let's, whatever dollars you got today you say you got them and those individuals who don't get anything, I mean, let them know today so that they can make up their mind what they are going to do. But don't tell these people today that you're going to find more money unless you got some. If you got some, we don't need to find it, you already got it. Ms. Adker: Mr. Mayor. Mr. Dawkins: Wait one minute, please, ma'am. Mayor Suarez: We're trying to establish some policy guidelines here. Other- wise we'd be at this all day. We'll still probably be at this all day. Mr. Plummer: Let me just make a comment, Commissioner Dawkins. Mr. Dawkins: Let me hear what they come up with first, please. Mr. Plummer: Oh I'm sorry. Mr. Odio: We still come back to you with the same recommendations we have here in front of you. We recommend this. If we cut, we have lost $800,O00 of administrative cost and it will mean layoffs in that department come now. The other, if we do.... Mr. Dawkins: Now wait, see, when you tell me about layoffs, and I'm looking at people who want to eat, what the hell is the difference? That guy you're laying off can't eat and the people can't eat, so let's don't equate layoffs with what we're talking about. ld 49 April 22, 1986 Mr. Odio: O.K., what I'm saying is we already lost $800.000. If we cut another 102. what you could add to this pie, if you may call it that, is S300,000 more. Mr. Dawkins: From where? Mr. Odio: From administrative costs. Taking money from administrative costs into this, you would add another $300.000 to be.... Mr. Dawkins: What would the $300,000 do to put us where? Mr. Odio: Well, you would have to split it up. Mr. Dawkins: We serve how many more people or what? Mr. Odio: How many more people could we serve? Mr. Dawkins: See, that's what I'm saying. Don't tell me, if you got $300,000 and then these people out here be calling my house and say, "Well, Miller Dawkins, you all got $300,000." Ms. Adker wants $300,000. Mr. Pitts needs the $300,000. Somebody in Little Havana wants the $300,000. Mr. Batz wants the $300,000. And how in the hell can I give everybody $300,000? Mayor Suarez: Well, we gave them... wait a minute, we have the... at least there was a consensus here, I believe, to give the City Manager a charge of trying to reduce the administrative cost. You are telling us that the first bit of news is that you've already reduced $300,000 from that estimated budget? Mr. Odio: No, no, I didn't say that. That we already lost $800,000 from administrative costs from that department. Now, if we want to cut another 10%, it would be an additional $300,000. And you cannot use that money in social service. Mr. Plummer: If you got a million nine proposed for administrative, you cut by 10%, that's how much? Mayor Suarez: How do you get $300,000 out of 10% of a million dollars? Mr. Plummer: You and I learned mathematics in a different school. Mr. Castaneda: Commissioners, last year we received $14,000,000 and we allocated the administrative budget at 20%. That means that we received $2.8 million. Now we have one point nine, one point nine seven five, that means we're losing $800,000. That means that if you cut out of one point nine seven five, 10% is $200,000, so we'll be eight, eight hundred plus two will be a million dollar cut. Mr. Dawkins: Well, then, are you finished, J.L.? Mr. Plummer: No, I'm finished because as far as I'm concerned, this book is a joke book; it's a comic book. I think what we need to do- Dawkins, I wish I could second your motion that whatever we're going to do is going to be done today, but I think what we need to do without the public hearing, the Commis- sion has to sit in a workshop without public input, and we, the Commission have to go through and identify those programs that we feel in priority. Because I want to tell you, as it stands here today, I have not deviated in the twelve years that I've sat here and these funds have been available. My first priority is feeding people. The second priority is taking care of the sick and anything left over we'll talk about. When you show me here in your priorities, which I thought was a Commission policy, that you are taking care of some things here that are not food programs, are not taking care of the sick, and yet you have cut some of those programs out, I got a problem with that. I got a real problem with that. All I'm saying is I just don't see how, we all know the sad truth. The truth of the matter is there is just not the dollars there this year that there were before. Let's admit the further truth that next year looks even worse than this year. So let's be honest and be above board. I just don't see how this Commission can today, unless you want to do like we did two years ago down at the Dade Junior College downtown, and we got into such a frenzy we had a raffle, as I recall. That's damn neir what it was. I just don't see without the Commission itself having a ld 50 April 22, 1986 Y M r el workshop and we setting the priorities of what programs shall be and shall not, and then we can apply the numbers. I don't know how you can do it otherwise, I really don't, because you cannot do it in an atmosphere where everybody here, rightfully so, has vested interests. That's what they are here for and rightfully so. But we have got to be able among the Commission- ers without public input to make these hard decisions first. I don't know how else to do it. Mrs. Kennedy: I agree. This is a problem that all of us have been saying that one day we're going to have to face. But I think the bottom line has to be where do we want to cut. What funds do we want to cut? Mr. Dawkins: Madam Commissioner, we went through this last year, and as J.L. says, it's a difficult, very difficult problem. As Joe said before he left, last year we got hung up in sacred cows and we were here juggling money, and then everybody got mad because other people didn't have sacred cows. I mean this creates a lot of ill will in the community that we don't need. Mr. Plummer: I tried to tell the Commission that twelve years ago. Mr. Dawkins: We can't help it if you've been here longer than us. Mayor Suarez: Talking about priorities now, because maybe we're moving to something. This probably should be done in some kind of workshop session; I agree with that, but if we stick by that hierarchy that Commissioner Plummer had suggested, you said that meals programs go first? Mr. Plummer: Yes, I've always said that we feed the hungry and we take care of the sick. Mayor Suarez: Take care of the sick second. Mr. Plummer: Anything else left over then we'll talk about. Mayor Suarez: Anything else comes after that. Mr. Dawkins: Usually it's day care after that. Mr. Plummer: And housing and whatever else. Mayor Suarez: Yes, day care, because that involves young folks. Mr. Dawkins: Well, I'd be in favor of what J.L. is saying if we were, al- though it wouldn't change, but I think after we have our workshop, we should schedule an open hearing here for people to come up and tell us about how they feel about what we did. Although it may not change, but at least let them voice their opinions and be able to tell us what's what. Mayor Suarez: In fact, if it's not objectionable to the Commission and as long as they're all here, we could device a system where we won't take a vote on this today, but we will hear a maximum of two minutes from every entity. If you don't want to go with that.... Mr. Dawkins: If it's agreeable, that's fine, but I would rather have.... Mayor Suarez: Just so we don't have to come back. Mr. Dawkins: But something I would rather have in front of me telling them what I've done, so that they know -what they are arguing about than for them to tell me today just like we just said, Mr. Pitts is trying to build some housing, and we don't know whether $20.000 will make him do the project, or if $15,000 will kill him. So we come and say, "I'm going to give you $15,000." I mean I don't know. Mr. Plummer; Let me give you another idea that I think needs to be estab- lished in a workshop. As bad as it sounds that we cut 15 programs out com- pletely, it might be the purview of this Commission that we need to cut out twenty to fund those which are damn good programs and are best providing the money for our dollars. I'm not saying that's the case, but that would be the purview of the Commission in a workshop conference to do such a thing, and we can go through an analysis of that kind. I just think that you have to establish from the first word the policy of this Commission, and once that's ld 51 April 22 o .1966 l done whether it's by three votes to two or five to zero, that policy being established, then I think we can come back to these numbers. But there are so many programs that are here that are represented. My office today I received ' some people from the Wynwood. Their program isn't funded, isn't even being considered, and I think the problem is it got in too late. This is a problem. I don't know how else to do it; I got to be honest with you. Mr. Dawkins: One of the things that would lend to what Wynwood is saying is the area that received the least amount of anything from the City of Miami is Wynwood. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: But if you don't have the money, what can you do? Mayor Suarez: When is the beginning of the fiscal year, by the way? I'm sorry, Commissioner, I just want to clarify that. Mr. Castaneda: The beginning of the fiscal year is June 15th. The contract for the social service agencies start July lat. I have to have an application in Washington by May 15th. Mr. Plummer: Well, let me understand with you, you can take items 1 and 2 and approve them and still change them. Mr. Castaneda: Yes. Mr. Plummer: So there is nothing to stop you today from this Commission approving item 1, which is to establish the fund and 2 to make application with these that you have proposed, and this Commission can, at any time, change that policy. Mayor Suarez: With your recommendations... and initiate the funding process. Mr. Castaneda: I just need a resolution authorizing me to submit an applica— tion. Mr. Plummer: Mr. Mayor, let's take care of matters first. Mayor Suarez: Absolutely. Mr. Plummer: I move item 1. Mrs. Kennedy: I second. Mayor Suarez: Moved and seconded. What it is is just to make sure that he can begin the process of applying for the funds. Mrs. Kennedy: Just to get it started. Mr. Dawkins: So we don't loose the money, ok. Mayor Suarez: It does not determine an allocation so we don't lose the money. Moved and seconded. Any further discussion from the Commission? Please call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER KENNEDY, THE CITY COMMISSION ADOPTED THE FOREGOING MOTION 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: Although absent during roll call, Commissioner Carollo requested of the Clerk to show him voting with the motion. Id 52 April 220 1986 Mr. Plummer: I move item 2. Mr. Odio: Wait, it's an ordinance, J.L. Mrs. Dougherty: No, it's a resolution. Mr. Plummer: Item 2 is the application. Mrs. Kennedy: 1 and 2 are together. Mr. Dawkins: Second. Mr. Plummer: With the full understanding on the record that you will submit these names in the application that this Commission has full right to change at any time. Mr. Odio: What I meant to say is that item 1 that you just passed is an ordinance and she needs to read it. Mayor Suarez: Go ahead and read the item 1. Call the roll, please. AN ORDINANCE ENTITLED - ordinance, and we'll take the vote on AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIA- TIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND AGENCY FUND, ENTITLED COMMUNITY DEVELOPMENT BLOCK GRANT (TWELFTH YEAR); AND APPROPRIATING $9,875,000 FOR EXECUTION OF SAME; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner 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 an- nounced that copies were available to the members of the City Commission and to the public. 5 A- SUBMIT GRANT PROGRAM FINAL STATEMENT FOR COMMUNITY DEVELOPMENT PROGRAM DURING 1986-1987; B- SCHEDULE WORKSHOP TO DETERMINE FUNDING PRIORITIES FOR 1986-1987 COMMU- NITY DEVELOPMENT FUNDS FOR SOCIAL SERVICE AGENCIES; PUBLIC BEARING SPEAKERS. Mr. Plummer: I move item 2. Mrs. Kennedy: I second. ' Mr. Castaneds: Mayor and Commissioners, can I ask for a point of clarifica- tion? Mr. Plummer: Sure. Nr. Castaneda; Does that mean that you are approving the package for the housing projects and economic development projects, and what is in question is the thing for the social services. id 53 April 22, 1986 r r, Mr. Plusemer: We are approving the total package subject to change by this Commission at any time. Community development, housing, economic development, social service programs, any of that can be changed and I assure you it will be. Mr. Cottoned&: And we would have to come here anyway for contract execution and that will be your control, Commission. Mr. Plummer: Hopefully we will have it done prior to the Nay 15th deadline. Mr. Castaneda: The other question is would you like to amend the application at this time to include the $150,000 for the building of the Southwest Social Service building that you discussed at your April loth meeting? Mr. Plummer: Is that to come out of this? Mr. Castaneda: Yes, air, out of the contingency amount in the application that you have. Mr. Plummer: No. Mr. Dawkins: We have a move the second one now or did we move the two of them. Mr. Plummer: Is there an ordinance on this too? Mrs. Hirai: It's a resolution. Mayor Suarez: We have a move and second on item 2? Mrs. Hirai: Yes, sir. Mayor Suarez: Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-296 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT THE ATTACHED APPROVED GRANT PROGRAM FINAL STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (H.U.D.) REQUESTING FUNDS IN THE AMOUNT OF $9,875,000 FOR THE CITY'S PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING 1986-87; FURTHER AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID GRANT BY H.U.D., TO ACCEPT THE SAME AND NEGOTIATE THE NECESSARY IMPLEMENTING CON- TRACTS AND AGREEMENTS. (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. Mr. Dawkins: When we get through with all of this, and individuals come down here telling as about the youth don't have anything to do this summer, are you going to take the stoney that you've got to hire youth this summer to do that, or what are you going to do? Id S4 April 22, 1906 Mr. Odio: No, we cannot touch that money for the youth program..* unemploy- Sant, no, sir. Mr. Dawkins: All right,'I went you to... see. Mr. Odio: I'm saying no, air. Mr. Dawkins: I'm going to say this now so they don't call my house, see. They can call you and him. Mr. Plummer: Are we speaking about Overtown Jobs or a different program? Mr. Dawkins: I'm talking about the total, citywide youth. I understand that when we get through here, some of these programs that deal with youth we're not funding them. Ms. Ann Marie Adker: They can play down at the Bayside Specialty Project. Mayor Suarez: Please, please, I think the question has to do, and it makes a lot of sense that if as you have indicated- I know that a memo that I re- ceived, we will be sponsoring a total of eight hundred and some summer job programs. Is there any way that if we don't otherwise fund the youth pro- grams that are being submitted to us, that some of that money could be used for the purpose of maintaining in effect some of the youth programs we have in our City that would otherwise be left out of CD and general revenue sharing funds. Is that the question? Mr. Odio: Let we say that the youth programs, in reply to what you said, comes out of the Parks and Recreation Department. Those monies are there and the program has already hired people for the training, and that's in place. There are no monies here for that program. Mr. Dawkins: No, no, no, I'm talking about the money that you've got from the Federal Government and the State of Florida, and all these other White folks who think that in the summer Black folks are going to throw rocks if they don't do something for them. That's the money I'm referring to. Mr. Odio: Well, I'm not for touching any money for youth employment for anything else, Commissioner. That would be my recommendation. Mr. Dawkins: That's fine, but all I wanted is out here, so that when I go home and what have you.... Mr. Odio: You're right, air. Mr. Dawkins: ....my wife won't tell me, "Call Miss Brown," and Miss Brown give me hell because I had nothing to say. Mr. Odio: Yes, sir. y Mr. Plummer: Commissioner, there is a way to handle that. It's by a motion. If you make it, I'll second it. Mr. Odio: No, sir, I'm sorry to differ and Bob Clark can answer. That money is locked into the Youth Employment Program and it cannot be touched. Mr. Bob Clark: The grant came down with Belafonte named in the grant. Mr. Plummer: You're speaking of a grant, not from these monies. Mr. Odio: The grant for Youth Employment has nothing to do with these funds. Mr. Plummer: O.K. Mr. Odio: And they're locked in for that purpose and that purpose only. Mayor Suarez: You're talking about the one that we approved last Commission meeting. Mr. Odio: Yes, sir, nine hundred and seventy-five thousand. ld 55 April 22, 1986 i Mayor Suarez: The one that we were questioning the administrative expense, and Commissioner Plummer took a couple of days to review and all that. That's funded. Mr. Odio: That is funded and in place. Mayor Suarez: That's done, that will not be affected in any way by this process. Mr. Dawkins: No. Mayor Suarez: Are we right? Mr. Plummer: It's not a part of this process. Mayor Suarez: Right, it is a separate grant. I tell you any youth programs that are affected by whatever we reach, I will ask the City Commission- I may be one vote, maybe Commissioner Dawkins will be another vote. I don't know, but we'll have to come out of our General Fund. You'll have to find monies in our General Fund to fund them. As far as I'm concerned, there will be no youth programs ended by the City of Miami this year because of CD or general revenue sharing cuts because we can find the monies in the budget, and I know you can find them, Mr. City Manager; you're quite creative. But that's not going to be decided here. What do we do as to the prior... I don't even want to say the word. Mr. Dawkins: All of it, Mr. Mayor, is tied to one string, the summer feeding program does not operate unless you have a program in the park. So therefore, we have to get our park people to have programs that will keep our youth busy so that they can get the free meal. It can be done, but all you have to do is like J.L. said, somebody has to make a motion. I'll make a motion after we come back with all the money. Mayor Suarez: What has been proposed as of now I don't know if it has been made into a motion, it just about was, is that we not decide today the alloca- tion of the funds, but instead have workshops and come back with our policy statement from which then we will finally decide after hearing your testimony. Mr. Dawkins: Drop your "S", sir, off your shops. Mayor Suarez: Workshop, one. Mr. Dawkins: We'll have a workshop, not workshops. Mayor Suarez: And the only modification I would make on that, as long as we've got all the people here that are interested in testifying, so we don't have to call them back again is to go ahead and hear from them today on the basis of two minutes for each program. That doesn't mean two minutes for each person that wants to speak in the program, two minutes for each program with the understanding that the consensus of this Commission- at least if I've heard it correctly; we haven't had a motion to that effect- is that we would not determine today the exact allocation. We would only hear from you and then we would have our own workshop and then we come back. Mrs. Kennedy: If you want that in a motion, I'll move. i Mayor Suarez: Now it's been moved. Mr. Plummer: Second. f. Mayor Suarez: Now it's been seconded. Any further discussion from this z Commission? Please call the roll. Id 56 April 22, 1986 The following motion was introduced by Commissioner Kennedy, who moved its adoption: NOTION NO. 86-297 A NOTION OF THE CITY COMMISSION STATING THAT RATHER THAN MAKING A FINAL DECISION ON THIS DATE IN CONNEC- TION WITH THE ALLOCATION OF 1986-87 COMMUNITY DEVEL- OPMENT FUNDS FOR SOCIAL SERVICE AGENCIES WHICH HAVE APPLIED, THE CITY COMMISSION WILL HOLD A WORKSHOP IN ORDER TO DETERMINE FUNDING PRIORITIES TO BE ASSIGNED WITHIN THE EXISTING APPLICATIONS; FURTHER STIPULATING THAT ONCE SAID PRIORITIES HAVE BEEN SET, SAID AGENCIES WOULD BE INVITED TO A PUBLIC HEARING, AT WHICH TIME THE COMMISSION WILL ADVISE THEM OF ITS DECISION IN CONNECTION WITH PROPOSED ALLOCATION OF SAID FUNDS. 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. Mayor Suarez: Did you agree with the second part of that too? Did you build that in as part of your motion, that we allow them to make their statements today? Mr. Plummer: Fine. Mrs. Kennedy: Yes, that's part of the motion. Mayor Suarez: Now, let's get the ground rules of the game here. The idea is that we're not going to hear from you twice. We're going to hear from you once on this issue, and that is going to be today. Number one, so you don't come back after our workshop. The workshop will be something that we will have. It'll end up being a public hearing, like anything else we do, but that doesn't mean- public in the sense that you can come to it, but it won't mean that... we won't take any input from you at that meeting. Today we will, but only two minutes for each applicant, not each person that is going to speak, so you tell me at the beginning and please Madam City Clerk, write down as each one tells me what program he's going to speak on behalf of, the entity or program, so we don't duplicate. You decide among yourselves who's going to speak first, because the person who speaks first on a particular program will be the last one that speaks on a particular program for two minutes. Other- wise we have 40 people who have requested to speak today. If we let all of you speak, given that some people usually take more than the two minutes because I can't physically throw you out- I can admonish you, we would be here all day, so two minutes for each program. You decide among yourselves who's going to do the speaking. We'll take them in the order that you are at the mikes. Tell us your program and your name. Ms. Ann Marie Adker: I am Ann Marie Adker. I live at 407 N.W. 5th Street. That is Overtown. It's a shame that I'm only given two minutes to speak on this subject, because it took from ages with the City of Miami to intentional- ly get Overtown in the realm it's in. Mayor Suarez: It's really just for the record, Ann Marie, don't forget you can lobby each of the individual Commissioners as long as you want. Ms. Adker: I'd like to do it in public. All right I want to talk about the St. John's Community Development Corporation, which the City Manager said that he recommended not be funded. I don't know his reasons or whether he thinks that a community developmental agency can do the housing for Overtown better than we could, but it hasn't been proven in the past, because I can give you many instances where the community development housing department is incompe- id 57 April 22, 1986 tent. What we need in Overtown is a corporation that is sensitive to the needs and can do the housing needed. Don't forget you have dislocated, displaced people from Overtown, there isn't another area that you can point to that you have disrupted like you have Overtown. In order for community development agency to get their housing agency, and you need to take an evaluation of those administrators and staff, that are not going to allow the St. John's Community Development Corporation to do housing needed in Overtown. I think you'd better reconsider that. I think you better reconsider that because I can take you back to the 240 N.W. 11 Street building.... Mayor Suarez: Ann Marie. Ms. Adker: Wait just a minute. That was rehabed as a model by your community development agency that cost $423,192 to be rehabed: These are highly paid staff) That's where you need to go first. Do an evaluation of that adminis- tration. Mayor Suarez: If it should turn out that you don't get the CD General Revenue Sharing Funds.... Ms. Adker: Oh, yes, we're going to get it or else I'm going back to Washing- ton about the whole mess. Mayor Suarez: You don't want to hear what I'm going to tell you? Ms. Adker: It needs to be looked into. Mayor Suarez: I won't tell you then what I was going to tell you, but I was going to tell you that I bet you I could find the funds elsewhere, but go ahead. Ms. Adker: I don't know; maybe you need to keep that a secret. Mrs. Kennedy: Excuse me one second, Mr. Mayor, I was just informed that the City Clerk has a list where people have signed. Are we using that? Are we going in that order? Mrs. Hirai: It is in the hands of the Mayor. Mayor Suarez: Yes, except that we've modified the procedure. It is only one allowed per entity. She's marking down the entities. Go ahead, doctor. Mr. Roberto Godoy: My name is Roberto Godoy. I am executive secretary of Florida Housing Cooperative. The Florida Housing Cooperative has requested the sum of $100,000 for funding as working capital for the construction and purchase of building to be converted into cooperative housing for low income families. Notwithstanding the denial and allegation, it is easy for the Honorable Commission to examine the proposed block grant and find that there are plenty... Nobody is hearing me now, without Commissioners. Mr. Carollo: I'm listening. I listen better than he does. Go ahead. Mr. Godoy: First under page X, you have contingency $394,000 to fund new projects. Under page 2, citywide single family housing rehabilitation, $1,150,000. Under page 2, citywide multifamily, $2,150,000. If the above two items are added to the hundred are added, the hundred thousand requested for Florida Housing Cooperative -is less than four percent, to be exact three point three, and will be the beginning. of a program of one thousand units in less than three years. If you look over page 31, you will find that $15,470,000 has been spent on these two programs from the sixth to the eleventh years. As they state that these are loans, there must be more than sufficient for the hundred thousand dollars requested, revolving fund of $500.000. If you add to this 2,600,000 of the ninth to the eleventh year, you will have a total of 10,100,000. There must be here also more than $100,000 requested. Now look to this item. If you look over page 14, you will find that it is stated that $30,774,000 was allocated in Community Development Block Grant for the years 1964-65. In page 16, it is stated that the total expenditure for this two years amounted to $16,000,000. Therefore, there is a balance or surplus of $14,000,000. There is no question that housing cooperative has been the solution for one-half million families in other states and Puerto Rico, and over five million in Europe and Latin America and that Miami, well known all over the world, should be the cooperative housing capital of Florida. ld 58 April 22, 1986 f i Mayor Suarez: Thank you, Doctor Godoy. Mr. Leonard Batt: I am Leonard Batz, president and chairman of the Board of Directors of Senior Centers of Dade County, Incorporated. Seven months ago, Commissioner Miller Dawkins came to Senior Centers and asked me and Jose Navarro could we help him in the Overtown area. We said yes, we would because we were a nonprofit corporation, and no one else wanted to bother to help in the nutrition program because it wasn't profit making. Therefore, we took his 65 people and in seven months we've grown to over 400 people that we're providing frozen meals program. We were at that time at the present time under revenue sharing. Now, revenue sharing is apparently going out the j window and we have been excluded from the community development program. All I ask is this, it doesn't make a bit of difference whether it's revenue sharing or whether it's community development. You're just as hungry and we're willing to do what we can to help you because we can do it perhaps cheaper. We are a nonprofit corporation. Thank you. Mayor Suarez: Thank you, Doctor Betz. You were within the two minute limit too. I congratulate you for that. You guys want to fight it out for the j microphone there. We'll hear both of you. Mr. Enrique Vega: One minute only I will take. Honorable Commissioners, Mayor and Commissioners and general public, I wish all of you could be mil— lionaires when you are old, but to be old... My name is Enrique Vega, I thought somebody would know. Mayor Suarez: And the name of the program you are applying on behalf. Mr. Vega: The organization is Overall Tenants Advisory Council, 40,000 people in the County, 25,000 people in the City. Mayor Suarez: But are you applying? Mr. Vega: We are applying that we have been forgotten for the actual communi— ty development board. We are not new. We were last year, we got $250,000. We have not finished our problem with the crime, and we demand the same amount that we got from the previous Commission. Now we have a new Mayor that is going to help us. Nov we have a new Commissioner that also has to help us. The three that were before, we count on them. I will count a unanimous vote we are going to get from any part of the program that you can cut $250,000. It was to be matched by the same amount by the County. I got personally with two more people a double.... Mayor Suarez: You know we're about to resolve that, the $250,000. You will get that for security measures I believe, because I think the County now has the matching funds. Mr. Enrique Vega: No, no, no. It is beside the one that last year, we are not finished with. Last year is last year, this is a new thing for this year. You don't know that many many housing projects, they don't have security screens. There is a problem of Black on Black crime. There is a problem of Hispanic against Hispanic crime, this has to be solved and we demand from you... fir. Dawkins: Let me tell you, we are with you a hundred percent, but you go get Mel Adams and have Mel Adams to come up with some of that money that they are trying to help him find, and we will help you get something done. Mr. Vega: No, that we got from the County. They got... Mr. Dawkins: No, no, no, no. No, I'm talking about...Did you read the paper? Mr. Vega: Yes, four million and a half for repairs. Mr. Dawkins: All right, the paper says that Mel Adams is responsible for all of your housing not being up kept. So, don't come here and give us hell. Now, let's go to Mel Adams. OK. Mr. Vega: Yes, but he had been cut. Mr. Dawkins: I will go with you to Mel Adams, OK. Id 59 April 22, 1986 Mr. Vega: Yes. Mr. Dawkins: All right, thank. All right,... Mr. Vega: I contact. Mayor Suarez: OK. Let me just tell you, Doctor, so you can tell the.. --- members that from what I have been able to discern after the meeting we had with the County, with Mel Adams, that two hundred fifty thousand will be in fact...yes, we are going to... Mr. Vega: This belongs to last year, we are... Mayor Suarez: Well, but it's better to have it for last year than not to have it at all. Last time you came here you didn't get... Mr. Vega: Oh, no, no, not well we could not ... you could not do that. It was sold last year. It was not sold... Mayor Suarez: Well, if you don't want the two hundred fifty thousand somebody is... Mr. Vega: It was not sold because of the lack of... Mayor Suarez: OK. I'm just telling you that ... Doctor, please. I'm just telling you that so you go back and tell the rest of the members of that we think we have that resolved. Mr. Vega: And thank you, again to give another two hundred fifty thousand dollars. Thank you. We knew that. Mayor Suarez: No, I'm not making any promises as to anymore monies. Right now, you are not even recommended, but the other two hundred fifty, we did resolve. I think. Josephina? Ms. Josefina Carbonell: Mr. Mayor, I represent the Little Havana Activities and Nutrition Centers, and I want to tell you that I have brought my elderly people here today, something that I have never done before, because of the alarming situation when I saw the recommendations that were put through by the staff. If these submitted proposed cuts to our agency go through, as such, they are substantial and they will be cutting into the core of the basic elderly feeding programs. of which we have been honored to serve City of Miami elderly residents for the past twelve years. On the personal side, many of them that are here ---there was about three advisory board members that were going to present to you today personal stories and I am sorry, that although, they were here for the last four hours, they will not be able to speak. I will try to speak to them. There are many stories of individuals that will have to be turned away at the sites. There are three feeding sites that we feed over four hundred people on a daily basis. They will not only lose those seals, but they will lose the health and supporting services, and will lose contact with a major vehicle for getting together with their peers on a regular basis. Since our typical client is in their early seventies, is living S.S.I., has no car, lives alone and is losing access to our center, may mean more than just a loss of a seal. It will mean a lesser quality of life. I urge you to look closely at the figures submitted for your consideration and our experience at Little Havana Center. I think it's being duplicated through other programs without the City. The fair distribution and better management, is one thing, but denying vulnerable elderly basic services, is another thing. When people coming to a nutrition site for lunch take their half filled milk cartons home so that they can keep them for their next meal. City officials better take a look at reality. Thank you. Mayor Suarez: Thank you, you are also very good on ... why don't you, Josefina, ask all the people that came with your group to stand up if you would like in Spanish, so we know how many were here and so on? Ms. Carbonell: (IN SPANISH). Mr. Otis Pitts; Mr. Mayor. I... Id 60 April 22, 1946 Mayor Suarez: As soon as we get a little.. -don't worry, we are not going to cheat you out of your two minutes, Otis. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD). OR. Otis, go ahead. Just a little bit quieter as you leave please. (IN SPANISH). Cc ahead, Otis. Mr. Otis Pitts: Thank you very such. Mr. Mayor, and members of the Commis- sion, I'■ the president of Tacolcy Economic Development Corporation. Our organization is located at 645 Northwest 62nd Street. Tacolcy Economic Corporation has not been recommended for funding either under the housing development section of the CD or under Economic development. The Citizen Advisory Group saw fit because we were not being funded under Economic Devel- opment to recommend that we be funded under housing, since we are performing both activities, we think that either one, of course, was appropriate, even though we felt that we are doing both activities and should have been consid- ered for either or both. I think staff use a rather arbitrary criteria for selecting CDC@' and for scoring them. They have decided that no new group shall be funded unless they had previously been funded. When they have admitted themselves here today, that some of those groups do not even perform up to their own standards, that it would be on, in effect, probation. Our organization without a doubt has probably generated more dollars economic development, than all C.D.C.'s put together in this City. We built a two point million dollar facility in Liberty City which now has stopped the, if you will, the expenditure of some thirteen million dollars. We have created a hundred twenty jobs, over a hundred thousand dollars in taxes go back to this government and others. We have painted up some seventy buildings in that community. We now work with the Merchants Association. We have raised over eighty-four thousand dollars and matched with City monies to do a street scape program. Yet we find agencies , ---given a hundred points on some arbitrary ranking system when that agency lied about sixteen buildings it painted, claimed it painted forty-five other elderly...I mean, homes and only had done nine. So, they are not even ... the system they are using to grade these organizations are not even being...not even verifying the information. We think it's rather capricious and arbitrary, and other agencies are now being ranked and placed on probation in a system that it's not even verifying the information in. We think this is highly unfair, and that if we are going to use our money now in tight times, we should be funding agencies that the City of Miami is now doing through Commissioner Plummer and the Manager, is now doing in an efficient and effective system of service deliver, rather than doing it in some arbitrary fashion. Thank you very much. Mayor Suarez: Thank you, Otis. Mr. Mariano Cruz: Mr. Mayor, and Commissioners, -my name is Mariano Cruz. I live at 1227 Northwest 26th Street. I am a member of the City -Wide Advisory Board in Community Development. On checking those figures, I see that the only social program in the Allapattah Target area is going to lose funding mostly from revenue sharing, eighty-one thousand dollars. Also, they are putting the Allapattah CD program on probation and we agreed ---the board agreed not to put any program, any CD program on probation this year. Another thing, we voted and I am for the Tacolcy Program, the Saint John Program, and the East Little Havana Program, because those are programs that will bring housing to the City, housing ownership where we put property on the tax rolls of the City of Miami, instead of like the H.U.D., like the housing program that's robbing the City of Miami of tax revenue, because they are...I mean, they are tax exempt. One thing that I mentioned to the people there, at the neighborhood very important, that all these cuts that we are having is on a count of the executive power and the Congressmen, namely, the Gramm Rudman and Holtings Program, and since we are limited in Community Development, we don't get anymore revenue sharing ; but the monies of Community Development have a cap of fifteen percent. I made a suggestion at the Community Develop- ment Board meeting that we vote on a resolution for the City of Miami to allocate a million dollars from the General Fund to cover social programs that are not funded. They could get the money through a different thing. I have an idea since everybodyOltof the people are against parking fees, why not get some of those revenues from the Miami Parking Authority. Get some of that revenue for social program or you can put a sticker at that parking meter "The money you are pay for parking is helping fund the social programs," because I resent paying parking fees, but I see that, I say "Oh, God, look my money is going to free the people or to somebody else." Mother thing remember there are ■any...there are a few people that are not sitting in those chairs today, because they forgot about the residents of the City of Miami. You are there to represent and to serve the residents, the taxpayer, the body Id 61 April 22, 1986 of the City of Miami, not somebody who come from who knows where. One thing, I an not against the festival, Bayside, Watson Island, whatever, but there is a priority that the residents of the City of Miami deserve. Either money can be found for those programs, they can find money, General Fund, Parking Authority for social programs or the people will go hungry. Thank you. Mayor Suarez: OK. Thank you, Mariano. i Reverend Edward B. Steward: Reverend Edward B. Steward, president of the Board of Directors for the Tenant Education Association of Miami, known as TEAM. We were totally cut from the budget, and we have given an eleventh year service to this community throughout Dade County, and we have served tremen- dously in helping the poor and the needy and the low and moderate income people of this area and this city, and now they feel that we have not quali- fied, and I don't know what they are basing their merits on, when we have had to feed individuals, find homes for those that have been evicted and we have worked with a lot of the CD programs in this community, and I'm asking and recommending to this Commission and to the Mayor, that Tenant Education Association of Miami be reconsidered as one of the working programs and not a social program as it is stated. Thank you. Mayor Suarez: Thank you, air. Thank you, for staying within the two minutes, too. John? Mr. John Bennett: Mr. Mayor. I would like to split my two minutes with Antonette, one of the youth at our center. My name is John Bennett, at the Belafonte Tacolcy Center. We support you in... Ms. Hirai: Mr. Mayor, someone spoke for Belafonte Tacolcy Center before. Mr. Bennett: No. no, Tacolcy Economic Development. Mayor Suarez: No, that was Tacolcy Economic Development. Ms. Hirai: Oh. Mr. Bennett: Yes. there is a difference. Mayor Suarez: How does the eight or nine hundred thousand dollars that we allocated work into your budget for the entire year, that we allocated last time for the summer program. Mr. Bennett: It doesn't. It only covers the summer program. It doesn't do anything with our year round program, its just that about eight hundred to a thousand kids that we service that get jobs this Summer. Mayor Suarez: On a yearly basis, continuously? Mr. Bennett: No. no. No. Just for the Summer. Mayor Suarez: OK. Mr. Bennett: Three months in the summer. Mayor Suarez: That's from the other monies that we allocated to you. Mr. Bennett: Right. right. Mayor Suarez: Go ahead. Mr. Bennett: We support you when you say that you should take care of the elderly. We also, think that we need to take care of our youth. too. In the Liberty City area you have cut out the whole ninety-one thousand dollars that we had for our Sports Development Program. We are already lacking in Liberty City in housing and in jobs, and you cannot ---I don't think you can take away the youth from playing so that they can rise above the poverty level. I would like to let Antonette talk for a minute. Mr. Antonette Singleton: My name is Antonette Singleton. I am one of the thousands of children from the Recreation Development at Belafonte Tacolcy Center. Commissioners, what will we, the youth of Liberty City do without the Belafonte Tacolcy Center's sports and recreational activities? Where will we ld 62 April 22, 1986 go after school? Are we to mingle and stand among those who are infesting our neighborhood with crime, disease and profanity? Commissioners, do not close the doors of prosperity and hope which this generation of Liberty City youth has. Please save our Sport Development Program. Thank you. Mayor Suarez: I have to tell you, John, this is really unfair tactics, now. I mean, you know, break my heart. That was a beautiful exposition. No. Maggie Mirabol: Mayor, and Commissioners, my name is Maggie Mirabol and I represent Centro San -Juan de Puerto Rico. This center is new to you because you haven't heard such about it. Some people here have and have been there, and have been part of it for the last few months or few years. We are one of the three programs that you just mentioned before that are new programs, and after listening to all the needs, I feel funny asking for money, but we are not asking for such and as Commissioner Plummer, mentioned before, he was very fair and he has all ■y thank you and gratitude for doing what you did, which is looking at it, look at the figures, look at the programs, who needed the most and then divide as the needs come along. We are very much in need of help, very much. We are an after school care, but it's not only that. We have the children, we have the families, and it will take more than three minutes to explain what we do at the center. One thing I want you to know, and this is that we don't have big salaries, we don't have overhead, and what we do is all on a voluntary basis and believe me, we do a lot with the little that we have. We have never had help from the City. Never in fifteen years. So, now that we have all those cuts, we come here and ask. It's because we need itl I hope you all can come to the center. We are inviting you. I won't explain what we do because it will take too much time, and you all are tired. So, please come to the center, see what we do, see whether it's fair what we are asking for, and try to get it from wherever, this or that or that item and please help us because we really need it, and thank you, for your time. Mr. Plummer: Where is the center? Ms. Mirabol: Excuse me? Mr. Plummer: Where is the center? Ms. Mirabol: The center is in Wynwood. Mr. Plummer: Where? Ms. Mirabol: 144 Northwest 26th Street. Mr. Plummer: 20th Street? Ms. Mirabol: 26th Street. Mr. Plummer: 26th? Ms. Mirabol: Right. And it's just a few blocks from all the lights and the beautiful Biscayne Boulevard and believe me, if you come to this area...I named it the forgotten area, and it is forgotten for almost everybody. Mr. Carollo: It certainly is. Ms. Mirabol: Thank you. Ms. Kennedy: Maggie, why don't you come and talk to us and tell us more about it in person? Ms. Mirabol: Your office showed that they were very much interested in this program and we are going to meet. ' Ms. Kennedy: OK. Ms. Mirabol: And Commissioner Carollo, knows this program very well. Mr. Carollo: Absolutely. And let me say this for the record, that I think your program is one of the better programs that this City can sponsor, and you certainly have my support for now to vote for the amount that you are asking for. ld 63 April 22, 1986 No. Mirabol: Thank you, air. Thank you very such. The Mayor, he has been a visitor there and he has been involved ---very deeply involved with us and he knows what we do there. So, I extend an invitation to you. Commissioner Plummer and Mrs. Kennedy and whoever wants to come to the center, you would be surprised how such they have done with so little. Thank you for your time. Mayor Suarez: I know the basketball courts are in need of repair once again,... Ms. Mirabol: Definitely. I ' Mayor Suarez: ...but that will come from volunteer monies. Toni? Mrs. Toni Gary: My name is Toni Gary. I'm the executive director of Greater Miami United, and for the past two -and -a -half to three years, Greeter Miami United has supported in partnership with the City of Miami as well as Dade County, an effort which provides technical resources and training services to community based organizations, which as I understand have been part of the overall strategy of both the City and the County in developing neighborhoods, and what we provide essentially is technical assistance to build capacity within those organizations so that they can. in fact. promote projects which include housing. commercial, industrial development and community organization type activities. which I think are overlooked a lot when considering the activities of community based organizations. Our proposal is to continue that partnership with the City, in this case, and the County in providing technical assistance to these community based organizations, not just those which the City funds, but those that are outside of the funding loop of the City and the County, and are struggling to get some administrative funding. Particularly. Saint Johns, East Little Havens and Tacolcy Economic Development Corporation, which are all involved in a training program which we are providing this year. And so. I would urge you in your consideration of the overall approach to your funding selections, that you keep in mind that you have supported the strategy for neighborhood based economic development and neighborhood based development in general through community based organizations. Thank you. Mr. Plummer: How much do you get from the County? Mrs. Gary: Last year we received a thirty-five thousand dollar grant from the Community Development Block Grant and one hundred sixteen thousand from the M.M.A.P., which is general revenue. Mr. Plummer: One sixteen or one sixty? Mrs. Gary: One one six. Mr. Plummer: So, you got a total of roughly a hundred fifty from the County? Mrs. Gary: That's correct. Mr. Plummer: How much did you get from other municipalities? Mrs. Gary: Last year we did not get any money from any municipalities other than the City of Miami. Mr. Plummer: Why? Mrs. Gary: We approached the City of South Miami, we approached the City of Homestead ---this is before my time. I'm building on history. ---and I think we approached the City of Hialeah, but at the time none of those had support community based organizations which they in turn supported. So, they did not have the same kind of strategy which the City and the County supported to provide community based organization support. Mr. Plummer: Is that to say they don't have any problems? Mrs. Gary: I would not pretend to know what some of their problems are. but I would suggest... Mr. Plummer: No. no. I just think it's fair, you know...I just think it's fair that if they are going to expect a better community, that they have got to pay their fair share. Id 64 April 22, 1986 c g Mrs. Cary: Now, the City of Hialeah does support a community based organiza- tion known as ... I think it's the 'Seminole Community Development Corporation". No. Hialeah ... I'm not sure if anyone is here. They do...and Don Scott, I think is the name of the director. Seminole? Seminole Redevelopment, Mr. Plummer: Well, I think you have also got to remember of the hundred fifty thousand that you got from the County, twenty-seven percent of that came from the residents of the City of Miami. Any dollar that the County has, twenty- seven percent of it is furnished by the residents of the City. So, in fact, we gave more then what Dade County gave. And I want to tell you, Toni... Mrs. Cary: I'm sure that's why you are sitting there Commissioner Plummer, and I'm not. Mr. Plummer: Toni, let me tell you something, if I find out ---and I'm going to vote for you this year, because you are not in the social program side of the ledger ---but if you can't stand here next year and at least tell me that you have applied to every municipality, I'm going to think differently next year, because you know, that's just like with the drug programs, eighty to eighty-five percent of them are in the City of Miami, that's for us to say that the City of Coral Cables doesn't have a one, not a one. But I will guarantee you, such to their dismay, if you look through those programs you are going to find some kids from the Gables, as well as South Miami, Home- stead, E1 Portal, Miami Springs and all of the nice fat cats. So, I'm telling you that if you can't stand there next year and say to me, at least, we gave them the opportunity to refuse, I'm going to think differently about giving you City of Miami money. Mrs. Gary: I will accept that challenge. Thank you. Mayor Suarez: Thank you, Toni. Go ahead. Ms. Ofelia Tabares Fernandez: Yes, my name is Ofelis Tabares Fernandez. I live at 1861 Southwest 36th Avenue, and I come to request to please reinstate, or at least do not comply with the recommendations of the Advisory Board on the case of Family Counseling Service, because the operation mainstream, I consider comply with exactly the requirements and the guidelines explained by Commissioner Plummer. It refers to the old people living in downtown Miami, the elderly. the low income people. Ninety-nine percent of them live alone. The average age is eighty years old, seventy-five percent have no family contact, ten percent are confined to home and seventy-five percent are mental- ly impaired. Not to give this money will bring a very sad result for all these old people in downtown Miami, many of whom could have to be institution- alized at a great cost to taxpayers. Some of them would die alone, and they all will be subject to abuse and exploitation. Thank you very much for your attention. Mayor Suarez: Thank you, for your presentation. Ms. Victoria Hernandez: Mayor, and Commissioners, my name is Victoria Hernandez. I'm the executive director of ASPIRA of Florida, an organization providing invaluable youth services to kids from ages seven through twenty- five, young adults, and from the areas of Wynwood, Allapattah, Little Havana, Overtown and Edison Little River. We were recommended by the Wynwood Communi- ty Development group and because of all your budget cuts, we were not recom- mended in the entire package that you have before you. However, I would appeal to you to please consider a priority youth programs. Youth are under - served in the City of Miami, as identified by United Way. Grand Jury investi- gation in the last couple of years have identified a growing epidemic not only in the City, but Countywide, in the area of school dropout and youth gang activity. In our own neighborhood in the last year there has been formed a youth gang, the "35th Street Players," or whatever they are called. We service these kids in a very needy way, and they depend on us and they depend on you. All we are asking for is to continue the twenty-five thousand dollars that we have received, that we received last year thanks to you, which we were getting under F.R.S and contingency funds. When I got here two years ago, I was told that we needed to go beyond the City and get outside resources. I did that, and we did get funds from the County and from the State and United Way, because they looked at the City and its support of ASPIRA. Mow, that we are threaten to lose the City funding, these outside sources are also looking At us and saying "well, what's the story? If the City doesn't support you, Id 65 April 229 1986 �I d t 1 } how can we support you?" Our primary work is within the City area. So, i please consider us when you deliberate at your workshop. Thank you. I Mayor Suarez: Thank you. Thank you for staying within the two minutes more i or less. Ms. Ali& Pasha: Commissioners, my name is Alis Pasha. I the director of Miami Mental Health Center, Coconut Grove Branch located at 3750 South Dixie Highway in the Human Resources Services Center. I'm nervous. We had brought our clients with us today. I think we brought about three van loads of clients. but due to the nature of their illnesses and the large crowds, we had to take them back to their homes, but some of the clients who are high func- tioning did stay for the hearing. In keeping with the priorities that the City set for feeding the hungry and treating the ill. I would like to say that our agency meets both of those criteria. Our agency has provided services to over four hundred fifty chronically mentally ill clients who have been re- leased from South Florida State Hospital, Chattahoochee, Jackson Memorial Hospital and other inpatient institutions. Community Mental Health Center's priority is to try to treat the chronically mentally ill within their own communities, assuring that they get comprehensive care. In keeping with that we provide chemotherapy on a regular basis, psychotherapy, inpatient psychiat- ric services for people who have psychotic breaks and case management servic- es, which insures that all of the clients serviced get comprehensive care. We also provide services to the chronic alcohol clients who are released from alcohol treatment facilities and drug treatment facilities throughout... within the City of Miami. At one of our programs that we recently started this year is a day treatment program, which provides day to day treatment for chronical- ly mentally ill clients. This program provides daily living skill services. It feeds the clients everyday. They get hot lunch. They get breakfast. It provides employability skills and socialization skills, which helps the client to redevelop their socialization skills so that they can function better in the community. I would like to charge the Commission with continuing to refund our agency, that we can continue to provide these services. Thank you. Mayor Suarez: Let me ask you one quick question. Do you now pay your law- yers. because you didn't used to pay me when I used to represent Miami Men- tal... Ms. Pasha: No, they work on gratuity. Mayor Suarez: They still do. Wow. I'm glad you are still finding free lawyers all over the place. Ms. Lourdes Garcia: My name is Lourdes Garcia. I am the director of Little Havana Child Care program. We operate the Day Care Center in a City of Miami building which was designed by the City architects, and this is part of the complex of the community center named "Manuel Artime Community Center. We are located at 970 Southwest 1st Street, Room #205. We have a license capacity of fifty-six children, from two and a half to six years of age. We have been in operation since July 1979, serving primarily the residents of the immediate Little Havana area. We have a tremendous waiting list. Unfortunately,- we hear the recommendation of the staff of the City of Miami Community Develop- ment Office that our funds might be reduced. We need to keep our funds to keep operating the same quality program. We not only have a quality program. We do feed the children. We feed the breakfast, the lunch, a hot lunch and an afternoon snack. We need to keep our seventy-six thousand four hundred fifty dollars. I hope you take into consideration our needs and visit this center. Thank you. Mayor Suarez: Thank you for your presentation, and for staying within the two minutes. Ms. Ann Woods Van -Knight: My name is Ann Woods Van -Knight. I am representing all of the social service agencies that are currently funded by ---with City development and revenue sharing funds. We have been meeting as a collective group over the last couple of weeks under the leadership of the City of Miami's staff. We have been reviewing alternative funding sources as a group. One of which was conducting a community fund raising event. We explored that in considerable thought, and realized that it would not be feasible, or in the best interest of this community to engage in a fund raising event. In fact it would divide the community more than bring it together, number one. And number two. we questioned the success of raising that amount of money and Id 66 April 22, 1966 q V number three, that we would be perceived as being in conflict with the major fund raising entities in Dade County such as the United Way, and Greater Miami Jewish Federation, and as a result may jeopardize additional funding that we are receiving from those respective funding sources. We ask you to allow this group of agencies to develop specific recommendations which we plan to do over the next couple of weeks to you regarding the role that the City government ought to play in making sure that social services are available to the citi- zens of the City of Miami, and I respectfully ask you to provide an opportuni- ty for us as a group to present our specific recommendations to you prior to convening your workshop. Thank you. Mayor Suarez: Thank you for your presentation and for staying within the two minutes. You're going to share the two minutes? Ms. Francisca Aldrich: Mayor Suarez, Commissioners, my name is Francisco Aldrich. I represent Centro Meter, located at 418 Southwest 4th Avenue. Centro Hater is a Day Care for children and neighborhood center. For fiscal year 85-86 received twenty thousand dollars from Federal Revenue Sharing and seventy thousand seven hundred thirty from Community Development, with the total being ninety thousand seven hundred thirty. These funds helped to provide day care after school, summer camp, and social supportive services to three hundred seventy-three children daily. Centro Hater gives not only food, education, and prevent also child abuse and neglect, but also, give low income parents the opportunity to earn with dignity, their living. The reduction of forty-five percent will negatively impact the quality and quantity of our program, jeopardizing our community already in need of these services. Please help us to continue giving high quality services at a minimum cost to the City. It is of utmost importance to give this area the opportunity to help themselves. Ms. Maria Luisa Gaston: And I Maria Luisa Gaston from 1947 Southwest 17th Court. I am a' single parent, head of household. My full-time job is the only source of income for my family. I need a place where my son can be well taken care of after school, and all day during Summer and holidays. A place where he can have good supervision for a low cost, where he can find love, care, food, sports and help with school work in a warm safe atmosphere. This place is Centro Hater for me, but I speak not only for myself, I speak and I repre- sent for all the working mothers with low income, who send their children to Centro Hater. Sixty-six percent of the families are headed by women. What does the Centro mean to us? That after school and the day care is a safe place, loving place for our kids, where they receive quality care. The teachers are excellent. The volunteers are the best. The fun programs and creative activities keep the children happy and enthusiastic. If the center didn't exist many working mothers who cannot afford other centers, might have to stop working, stay home with the kids and might have to resort to welfare. The City then would suffer. The mothers would suffer and most of all the children would suffer, now and in the future. The Centro Hater is an alterna- tive way of providing economic assistance so that working mothers can support their families in a dignified way. I therefore, urge the City Commission to fund Centro Hater programs to the greatest extent possible with the available funds. Thank you. Ms. Kennedy: Maria Luisa, let me just say that I agree if mothers do not have a place to send the children after school, then they will have to quit their jobs and that is more expensive for everybody. Mayor Suarez: Thank you, Maria Luisa and Francisca, and thank you for staying with the two minutes between the two of you, that was quite an accomplishment. 4 Ms. Beverly Hepburn: I'm Beverly Hepburn. I'm representing Coconut Grove Family Health Center located in Elizabeth Virrick Park at 3230 Hibiscus Street in Coconut Grove. Presently Coconut Grove Family Clinic has an active patient load of about thirteen thousand patients, and right now we are being recom- mended for an allocation that represents thirty-seven thousand dollars, and historically, Coconut Grove Family Clinic has exceeded its contractual re- quirements with the City of Miami Community Development Program. We ask that you recognize that a healthy community is a productive community, and allocate as much as possible the thirty-seven thousand, or anything above that for the Coconut Grove Family Clinic. Our center has tried to educate our patients that we need to as well as receive the service, pay for our service, our fair share and our patients are trying to comply, but without Coconut Grove Family Clinic which represents the only community based health care program in the ld 67 April 22, 1986 Coconut Grove area, there would be no alternative other than for patients to to to Jackson Memorial Hospital and wait long hours on buses, and wait long hours at the hospital. We ask that you consider all of these components and allocate the funding needed for Coconut Grove Family Clinic. Mayor Suarez: Thank you very such. Mr. Plummer: How such do you get from the County right now? No. Hepburn: From the County• I'm not sure. I'm not sure. I think it's about fifty some odd thousand dollars. I'm not very sure of that. Mr. Dawkins: You don't get anything from the State? Mr. Plummer: Well, you know. I have been one of your strongest supporters from day one, but let me tell you something. We are saving the County a hell of a lot of money by sponsoring you, because it is their responsibility to provide health care and I tell you, as far as I am concerned, you ought to be knocking on their door a lot louder than you are knocking our door, because if we said no way, you get no funds, they have got to pick it up, because it is their responsibility under the Public Health Trust. Mr. Dawkins: Tell your board I would like to go with them to the County Commission. Ms. Hepburn: OK. We'll do. Thank you. Mayor Suarez: Sir? Mr. Dan Brady: My name is Dan Brady, and I'm assistant executive director at the Miami Jewish Home and Hospital for the Aged, and the administrator of the Douglas Gardens City of Miami Adult Day Care Center at Legion Park. We are one of the .agencies which had received financial support from the Federal Revenue Sharing Fund apparently for the last eleven years, and when that was combined with the request for the Community Development money was not provided within the Committee nor staff recommendation. The Adult Day Care Center currently provides hot meals, health care recreation to over eighty senior citizens on a daily basis, and has with several other programs exceeded and met the expectations of the CD contract. Secondly, I'm playing a second different role. I have agreed with Ms. Van -Knight, to provide some leadership with the various social service and health agencies contracted with the City through Community Development and Federal Revenue Sharing, and we will be hopefully, bringing back to you some recommendations in terms of the appropri- ate role for the City, and requesting your assistance in seeing that the County and the State pay their fair share of these most vital and important services. Thank you. Mayor Suarez: Thank you, and thank you for staying with the two minutes. Ma'am. Ms. Mercedes Campano: Mayor Suarez, City Commissioners, City Manager, my name is Mercedes Campano, and I represent the Catholic Community Services, Little Havana.0utreach Office. We have been in existence in receiving the funds from the Community Development and in the place of the Community Center for nine years since 1977. We served over four thousand persons a year, and we a are offering, not only counseling and crisis intervention and advocacy, but the most important services is the prohibition of tangible and concrete services. We are offering food for those families who have nothing for feeding their families and shelter for those homeless families who have nothing to offer. Since 1961 we have been receiving the...we received over a quarter million dollars from the telephone monies and we distribute among the Mariel people. Now, with the monies, we are the agency in the area offering services todayfor h r the homeless trying to et shelter • y alter for them and also fo 8 8 • r the families. In all this process, I think it is very important and I want to emphasize that although, it is important to look at the children and to look at the elderly, we should not forget the family unit. I think it is extremely important. The funding for this year for the community... community develop- ment has been totally eliminated. That represents sixty percent of the entire funding. Without that we will be unable to survive. Therefore, I urge the Mayor and the City Commissioners and the City Manager to take a very close look at our program. The service that we are offering for over nine years in the area• and to restore some of these funding so we can continue functioning. Thank you. Id 68 April 22, 1986 Mayor Suarez: Thank you for your presentation, and for staying within the two minutes. Let me make an announcement that I should have made before. Plan- ning and Zoning Items 11, 12 and 13 are being recommended for continuance until the next Commission meeting. If there is anyone waiting to be heard on those items or expecting to be heard on those items, you can rest assured we will not consider them today, assuming we can get to the rest of the items. Sergio? Mr. Sergio Rodriguez: To the Commission meeting on May 22nd. Mr. Plummer: Xavier, also, announce that Bond Counsel has been deferred. Mayor Suarez: Do you want to? Mr. Plummer: You should. I mean, it has been. Mayor Suarez: OK. I might as well announce. I think we have got a consensus up here. I wasn't clear on it before, also that the issue of Bond Counsel will not be considered today, but will be considered... Mr. Dawkins: Hold it, hold it. Say what about eleven? That's my issue. Now, why...who's dragging it off the agenda? Mayor Suarez: Planning and Zoning agenda Item 11. Mr. Dawkins: It's Item 11 from the Planning and Zoning agenda. PZ-11, 12, and 13 at the end. Mr. Plummer: You got the wrong eleven. Mayor Suarez: I didn't make it very clear. It's ... yes, PZ-11, not regular Item 11. Mr. Odio: No, Casino stays on. Mr. Rodriguez: And it will be continued to May 22nd, Mr. Mayor. Mayor Suarez: To who? Mr. Rodriguez: May 22nd. Mayor Suarez: May 22nd. Now, I don't see anybody reacting, but for whatever it's worth. Mr. Dawkins: Eleven, twelve and what now? Mayor Suarez: And 13. See they are ambitious thinking we are going to get to those today. I hope we can. Sure, go ahead, sir. Mr. Andre Bony: Mr. Mayor, Mr. Commissioners, my name is Andre Bony. I am the administrator of Overtown Day Care Center. Once again, I come to ask you to continue your support to the program. We have been there for twelve years, and our target population is just the low income families that they can't afford really to ... they can't afford to pay for their children in regular private day care centers, and the unemployment rate is more than twenty-seven, and by having those children in our program we feed them and we allow the parent to keep on the job market. So. I don't want you know enough about the day care center, and I want just to ask you to support --to keep supporting the program. It would be too ---a hardship to send back the parents to their home if we dismiss the children. Thank you. Mayor Suarez: Thank you for your statements and thank you for staying within two minutes. Sir? Mr. Ed Beacon: I'm Ed Beacon from the First United Methodist Church downtown, and we serve the elderly, approximately a hundred fifty meals daily, and we do it with only four paid employees and the rest of them are volunteers of the church, and we used to get fifteen thousand from the City, then it was twelve thousand and then ten thousand. Now, I understand we are being cut off Id 69 April 22, 1906 altogether, and it's going to hurt us very such for ... most of those people are by themselves and they consider us their family. I only hope that you people reconsider that. Thank you. Mayor Suarez: Thank you, for your presentation and for staying with two minutes. Cone? Mr. Gene Sanchez: Mr. Mayor, members of the Commission, my name is Gene Sanchez. I as the Chairman of the Board of Southwest Social Services which is an agency located at 7367 Southwest Sth Street. I am asking you today to continue helping us and helping the elderly of the area of Flagami and West Miami with the funding for the services of...the meal services that we pro- vide. Since the agency has been serving the area of Flagami, we have been always surpassing our goals of sery.ices. We have funding currently to serve for eighty people and we are currently servicing one hundred fifty-six members of ---citizens of Miami. Also, our agency is providing red ---emergency food from the Red Cross, and now we serve four hundred twenty needy families of that area. We have currently a hundred fifty clients on a waiting list for foods and considering that that is one of the priorities of this Commission, we are requesting that you continue our funding at the same level at least. Thank you. Mayor Suarez: Thank you, Gene, and thank you for staying within the two minutes. Mr. Doug Mayer: My name is Doug Mayer, and I represent the Senior Crime Watch and Victims Assistance Program. This was a program that provides home securi- ty improvements for low income elderly here in the Miami area. We are doing things like we are putting in dead bolt locks, home security, screen security grilling, door viewers and other security items for elderly people who have been crime victims in the City of Miami. The most important issue that I would like to point out to you today is our request is for funding out of the housing rehabilitation area. It's not under the social service area. It's =Y=;, appropriate that I'm here today, because this week. April 20th through 27th is sx 'Victims Rights Week." I don't know if the Commission was aware of that, but ' it's a national week in recognition of people who have been victims of crime. The thing that I just handed out to you are letters of support for this �F program. One of them comes from the Chief's Office of the City of Miami, through Colonel Sampson of the Community Relations Department. We work with the City Police Department in performing this program. The other is from the Y` Victims Services Coordinating Council, a body of people that are responsible for providing victim services throughout Dade County. I think in terms of r this program, it has the support of the Community Development Advisory Board, and in fact, I attended all eight of the target area meetings and our program received ... the only program, I might add to receive the unanimous support of all eight of those target areas. Not only that, we had staff support from ` Frank Castaneda and the Community Development staff for the funding for this program. Basically, here today, I would ask you to continue with that sup- port. I think we have a strong program that provides a needed service to senior people who cannot afford to provide these kinds of security improve- ments themselves. Lastly, I wanted to state to you that this is a program that does not go into the public housing, area. These are for people who live j outside public housing and many of our elderly do. Thank you for your atten- tion. Mayor Suarez: Mr. Mayer, thank you. ! Mr. Manny Rivero: My name is* Manny Rivero. I'm the director of the East 1 Little Havana Community Development Corporation. When I started the process of CD Advisory Boards, one of the first things I ran into was what you fellow Commissioners ran into. I'm a new agency looking for funding, trying to slice up the pie a little bit further. In the Little Havana area as well as the CD overall Board, they ware very supportive of our housing project which you Commissioners have supported as well. The way that the CD Advisory Board came about to resolving the funding for the East Little Havana CDC, was not by taking it away from any of the programs that are very necessary and are supported by the City. They found an additional pot, a pot of money in the i Housing program of the City of Miami. It does not come out of social servic- es, it does not come out of Day Care, it doesn't come out of any of the other programs, except the City of Miami's administered multi -rehab program. We Id 70 April 22, 1906 think that the fifty thousand dollars in the case of our request is a good investment by this Commission, in which we in turn will be providing a hundred eleven units of housing. It's something that with the shortage of housing in the City of Miami of this time, the City Commission can be proud to say that they have invested in this organization, and have provided housing for that area, and this organization to carry it out, and equitably funds that you have, limited funds for housing for other target areas. Thank you very much, and I, you know, I want you to keep our request in mind. Mayor Suarez: I have to say, I really admire you and Otis, for coming here after you got $1.6 million dollars each and asking for additional funds, but that's OK, that's to your credit, I suppose. Ma'am? No. Nilsa Velazquez: Good afternoon. I am Nilsa Velazquez. I am represent- ing Holy Cross Day Care Center, and I wish that this saying, "He who laugh last laugh best." It applies to me and my program. We have been in existence for ten years now, and we are celebrating our tenth anniversary next month, May 23rd, and you will get an invitation before that time. I wish you will be able to make it. These cuts will ... they have been proposed in a thirty percent cut to our program. We have been serving the Wynwood community for sixty-five children during these years. The impact will be twenty children, twenty slots cut, and mothers having to go out and get welfare, some of them, or getting their children to people that are not trained in the child care ... in child care. I would like to say that we provide free services and free meals for these children, and most of them are coming from low ... all of them come from low income families. We have expanded and I feel proud of this project and this program, and I wouldn't like to go without saying that we cannot deny the children of their right for free services, and I'm appealing to you for next ... for your workshop too. Thank you. Mayor Suarez: Thank you. Does that conclude that item? We then move on to Item 3 on our regular agenda. Mr. Dawkins: Mr. Mayor, before you move to Item 3. Mayor Suarez: Commissioner? Mr. Dawkins: Mr. Manager, would you have Ms ... somebody on your staff meet with Mr. Ike Withers of the C.A.A., and find out how many centers the C.A.A. has within the City of Miami, and if we can get better utilization of the dollar by combining our social service dollars with the Community Action Agency's dollars, and see if we can't provide more services for that area. Would you have someone do that for me please? Mr. Odio: Yes, sir. I will do that right away, sir. Mr. Dawkins: Thank you. 6. DISCUSSION OF LA LICA CONTRA EL CANCER R.F.P. FOR USAGE OF THE SOUTHSIDE PARK TO INCLUDE CONSTRUCTION AND OPERATION OF A HOSPITAL. Mayor Suarez: Item 3. It's a personal appearance. Mr. Odio: Lourdes Aguila. Ms. Lourdes Aguila: My name is Lourdes Aguila. I am the general coordinator of the League Against Cancer, Liga Contra E1 Cancer as a volunteer. Mayor Suarez, City Commissioners, I have come before you once again to make a request. We will be celebrating our loth Telethon of the League Against Cancer on Sunday. May 4, 1986. through Channel 23 at Miami Jai Alai. We would like to be able to report during this telethon that finally, we have the i property for our hospital. In 1984 Maurice Ferre, then Mayor, of the City of Miami, on behalf of the City of Miami, offered to donate a property within the City limits for the construction of our hospital. Again, in 1985, before our 1985 telethon we appeared before the City Commission in the hopes of making this offer a reality. This dream culminate in resolution, approved the ld 71 April 22, 1986 donation of the City on its Southside Park located at 100 Southwest filth Street. The City Attorney said that this was not possible. This resolution created a lot of controversy, and we found ourselves again, with not definite site for our hospital. At this time we are trying desperately to reach a solution to our problem. We would be so grateful if we could announce during our telethon that finally, we have a site for our hospital and invite all to go and see it. Liga Contra E1 Cancer, help without distinction of race, nationality or creed. We have more than ten thousand patients that we already helped. The community that supports the League Against Cancer, the community that makes our telethon a success year after year, this community is waiting for an answer to our request. Only the City of Miami, its Mayor, Mr. Suarez, its Commissioners, can give our community an answer and fulfill the League Against Cancer dream of our longing for a hospital. I think you for the opportunity to be here to day and state our need. Thank you so much. Mayor Suarez: Madam City Attorney, have you changed the opinion rendered on that item the last time it came before the Commission on... Ms. Dougherty: No, sir, Mr. Mayor. Ms. Kennedy: And what is that? Mayor Suarez: You want to restate it so that... Ms. Dougherty: The question was whether or not the City may donate the Southside Park to E1 Liga, and it was for the purpose of constructing and operating a hospital, and we cited our Charter for the proposition that we may not, without competitive bidding, convey, lease, sell or donate any land to anybody. Mr. Plummer: I move that we prepare the RFP to go to bidding. Ms. Kennedy: What building is this, Madam City Attorney? Mr. Plummer: Southside Park. Ms. Kennedy: I guess, if that's the recommendation and the way we have to do it, I will second that motion. Let me say, Lourdes, that this is the kind of organization that I wish English speaking people in the community were aware of. Its service in the community to that awful and dreadful disease dates back from the days of a free Cuba and has been continued in this community. I wish you good luck. Ms. Aguila: Thank you, so much. Thank you. Mayor Suarez: Do you want to give any indications to the administration on what the RFP...what the parameters will be? Mr. Plummer: I would like to help them write it. Mr. Odio: Fine, I can use the free labor. Mayor Suarez: General RFP for the use of the park land? Mr. Plummer: More or less. Mayor Suarez: I have no problem with that. Ms. Dougherty: The Charter says that you have to sell, convey or dispose of it to the highest responsible bidder. Mr. Plummer: That word is the key word. Responsible. And just because we advertise in the Palatka Times Union...and others, of course. Do you under- stand what we are doing? Ms. Aguila: Bid the property, right? Mr. Plummer: Yes. Id 72 April 22, 1"6 Ms. Dougherty: For a hospital, and we can revoke any time we want to. Yea, but they are not going to be able to build a hospital that we can take away any time. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD). Mr. Plummer: Call the roil. Mayor Suarez: We have a motion, but we have no second. Mr. Plummer: Oh. I'm sorry. I thought you seconded. Ms. Hirai: Yes. Mayor Suarez: Oh. moved and seconded. No. Hirai: Yes, we do. Mayor Suarez: Any further discussion from the Commission? Any clarifications to the rest of us that you should make, since you apparently made them to. Commissioner Plummer? Mr. City Manager? Is there anything else you want to add. whatever it is that.... Mr. Odio: No. sir. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-298 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED TO PREPARE A REQUEST FOR PROPOSALS IN CONNEC- TION WITH PROPOSED USAGE OF THE SOUTHSIDE PARK TO INCLUDE CONSTRUCTION AND OPERATION OF A HOSPITAL. 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 Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor Miller J. Dawkins Mayor Suarez: Item 4? Thank you. Lourdes. ■OTE FOR THE RECORD: No one showed on item 4. Item S was continued. (See label 9) Items 11, 12. 13, were continued to May 22nd at 5:01 P.M. ld 73 April 22, 198b A �► 7. SRIEF COMMENTS ON MIAMI CAPITAL DEVELOPMENT INC. -------_-- Mayor Suarez: Item? Mr. Dawkins: 5. Mayor Suarez: OK. Mr. Odio: 6. Mayor Suarez: We have a personal appearance on Item 5 requested by Commis- sioner Dawkins, is the gentleman around? I think he had to go take care of business. The poor guy. Mr. Plummer: No, he went home. Mr. Dawkins: OK. That's no problem. I don't need him. Mayor Suarez: OK. Go ahead, Commissioner. Ms. Kennedy: Mr. Mayor, on Item 6... Mayor Suarez: No, we are still on 5, Commissioner Dawkins, wants to... Mr. Dawkins: Is there anybody here who can tell we ... from Miami Capital here? Mr. Plummer: Mr. Delsero, was here earlier. I saw him. Mr. Dawkins: See. now... Mr. Odio: Frank Castaneda can address the question Commissioner. Mr. Dawkins: No, I be damn if he can address a question to me that I want to Miami Capital, now. See, and this is why I have a problem with Miami Capital. We keep funding Miami Capital and when I got a problem with Miami Capital nobody is here. You can't answer no questions for me for Miami Capital. Mr. Odio: I saw Juan Delsero here earlier today Commissioner. I guess he had to leave. Mr. Dawkins: OK. I'm going to tell four members of this Commission, when budget time comes, I'm not budgeting one penny myself, for Miami Capital. See. And the reason I'm not doing it is, here is a guy who in 1981 put in a i loan to Miami Capital, and this is what I wanted Miami Capital here to explain to us, and they are not here. In 1981 a gentleman applied for a loan and it i was approved. In 1983 they gave him an excuse, 1984, and then in 1984 they ! sent him a letter and said that they cannot fund his project because it's not putting anybody to work, and the man still has not gotten funded. See. So, now they don't have to come back and explain it to me anymore. I don't want any... Miami Capital does not have my vote for not one penny from this Commis- sion. 14 74 April r L. 8. A- RECONSIDERATION OF LEASE WITH CASINO ESPANOL DE LA HABANA FOR THE LAND ON CORNER OF MARINE STADIUM ON VIRGINIA KEY D- AUTHORIZE LEASE WITH CASINO ESPANOL DE LA HABANA FOR LAND ON CORNER OF MARINE STADIUM ON VIRGINIA KEY Mayor Suarez: OK. Thank you, Commissioner. Item 6? Ms. Kennedy: On Item 6, if it's all right with the rest of this Commission, I think that it should be considered together with Item 11. Mr, Carollo: I strongly recommend that. Ms. Kennedy: OK. Good. Mayor Suarez: Item 7? Mr. Dawkins: So, what are we going to do move seven? OK. We are going to do eleven and...want to do eleven and... Mayor Suarez: However the Commission... Ms. Kennedy: It's all right with me if you want to move to... Mr. Odio: There is quite a few people waiting here, I think. Ms. Kennedy: Yes, let's do it now. Mr. Dawkins: Yes, let's do six and eleven. Ms. Kennedy: Yes, let's just move eleven. Mayor Suarez: OK. Let's take up Item 11, since it's related to Item 6, then we will move on to seven right after that. Mr. Dawkins: OK. On Item 11, I asked that it be brought back and I would like to recon... What do I have to do to reconsider Item 11, Madam City Attor- ney? Ms.•Dougherty: Just a motion to reconsider. Mr. Dawkins: I make a motion to reconsider. Mr. Plummer: Second. Mayor Suarez: Moved and seconded, any discussion from the Commission? Mr. Carollo: OK. When you are saying a motion to reconsider, it's just a motion so that we can take up the item again, correct? Mr. Dawkins: Correct, sir. Mr. Carollo: OK. Mayor Suarez: It's really to reopen discussion on it. Any further discussion from the Commission? Please call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-299 A MOTION TO RECONSIDER PROPOSED EXECUTION OF LEASE AGREEMENT WITH CASINO ESPANOL DE LA HABANA FOR LEASE OF APPROXIMATELY 30,000 SQUARE FEET OF LAND ON A CORNER OF THE MARINE STADIUM COMPLEX. ld 75 April. 2Z, 19g� hi Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner Rosario Kennedy ABSENT: NONE. Mayor Suarez: We are now reconsidering Item 11 and in conjunction with that Item 6, I presume, if one has anything to do with the other. I'm not sure that they do, but... Mr. Plummer: No, they don't. Mr. Dawkins: OK. All right, I wasn't here when this Item was heard and a part of a promise to the casino people was that I felt that they needed a j club, that they said would be nonprofit and would service the total community. So, with that in mind I move that we lease them the land over near the Marine Stadium Complex and that at the minimum rate, I think...Madam City Attorney, can the minimum rate, although, it was put out in a RFP be negotiated? Ms. Dougherty: Yes, air. 4 Mr. Dawkins: OK. And that it be negotiated, and that there be sent to the... 3 Ms. Dougherty: The negotiations have already taken place. Mr. Odio: It was negotiated. Mr. Plummer: What he is saying is renegotiate. Ms. Dougherty: Renegotiate. Mr. Dawkins: Can you? Can you legally? Ms. Dougherty: Yes, you can renegotiate it, but I would suggest instead of passing this resolution, you refer it back to the City Manager. Mr. Dawkins: All right.... UNIDENTIFIED SPEAKER: We are here to speak to that, Mr. Mayor. Mayor Suarez: We will hear from your client Mr. Carollo: Miller, let me try to recommend the following and see if we can do it... Mr. Dawkins: Wait, I didn't get a second, Joe. Wait. I'm... Yes, I did. I got a second. Mayor Suarez: Is the motion .that we send it then to the City Manager to negotiate the fee? l Mr. Dawkins: No. No, it's already been negotiated according to the City Attorney. Mayor Suarez: OK. !� Mr. Plummer: Well, that doesn't ... I will second the motion, but that doesn't mean that the Casino Espanol can't proffer at this particular time prior to the vote, proffer a higher fee than what has been paid, because if they don't the motion might fail. Mr. Carollo: Well, the bottom line as I see... Id 76 April 22, 19$$ No. Lidis Fernandez: of Casino Espanol? May I address this Commissioner, as the representative Mr. Carollo: Certainly, can I get done a second, Ma'am. The minute I'• done, I will be more than happy to allow you to finish. Mayor Suarez: Co ahead, Commissioner. Mr. Carollo: Thank you. I think really what should be done here to clear the air out completely, so that there would not be any questions whatsoever from anyone on whether this Commission has done right or not, is to put this particular piece out for a new RFP. Why am I saying that? For several reasons. When it was put out to an RFP, it was placed in an RFP on the request of only one entity, that's Casino Espanol, they had the inside track on it. We placed some ads in some of the smaller newspapers, ads that were about like this, two inches by half an inch wide, that you could barely read, and they were not the usual type of way that we advertise, but they were in the legal section next to the obituaries and all the other things that people usually don't read. Mr. Dawkins: J. L., reads the obituaries. Mr. Carollo: Well, you know, no offense to anybody in the business, but at the same time there was only a thirty day period that was placed that people had to answer from the day that it was first placed in the newspapers. Really, not sufficient time for even those that might have been lucky enough to have found it in the newspaper to have put a legitimate proposal and placed it before this Commission. So, what I'm asking is so that there is no allega- tions from anyone as to us having railroaded this, to place it out in a new RFP and anyone that would like to apply to it, you know, they have that right, and this way there is no question about anyone getting an exclusive right to this i.'.kz it seems now, you know, and I think that some additional areas that we have to consider is, one, for instance the Big Five Club, which I think is one of the most respected private nonprofit organizations in this community, if they would have been aware from the beginning that this is being placed in an RFP, they would have been more than happy to apply to it at the time. And in their... you know, as their letter states and it's addressed to Mr. Odio, with copies sent to us, are willing to proffer even much more than has been proffered now. So, I think it's in the best interest of the City of Miami to put out a new RFP and then if Casino Espanol has the best bid, fine, vote for Casino Espanol. If another entity whether it's the Big Five or another club has the best proposal, then we should consider that, but doing it this way now, I think is ---it's going to smell awfully bad if we do it this way and it's not going to be fair really. Ms. Kennedy: I agree, Commissioner Carollo. I think that if private interest are so great in this instance that knowing that we have a better proposal for the City of Miami, we still don't put it up for bid, then something really stinks. If they want the property let them come up for bids. Ms. Lidia Fernandez: My name is Lidia Fernandez. I'm the attorney for the Casino Espanol de la Habana, Inc. I am truly shocked to hear the representa- tions that I'm hearing today, because the Casino de Is Habana more than a year ago, came up with an idea that was going to benefit the community. It was an idea to use thirty thousand square feet of land that had no other use, that had no other...could hold no other type of development other than perhaps the some type of developments that were in the area, a rowing club, a sports club. There already being two in the area, and then Casino Espanol comes up with a wonderful idea to benefit this community, to create a club that would promote international aquatic competitions. The Casino Espanol came with this propos- el to this Commission. The proposal was studied by all the Commissioners, an RFP was put in place, all of the regulations, advertising, all of the "T's" 'i were crossed, all of the *Vs" were dotted, and then the Casino Espanol had to u come back to this Commission at least on eight or nine occasions, and talk about railroading in this case, each time that the Casino Espanol came to this Commission, there was always one reason or another why this program or this proposal had to be derailed, and the last time that this proposal came up again to this Commission, there was a question of the environment. Now, it's a question of another private club trying to throw there hat into the rang and Id 77 April 22, 1986 talk about fairness in public bidding, once that Casino Espanol has put its cards on the table and made its wonderful proposal public, now we have another private organisation who wants to come in and take advantage of what has already been put on the table and out bid the Casino Espanol. That is inher- ently unfair to this community to allow that the public bidding process be subverted in that fashion and I think that this Commission approved the proposals submitted by the Casino Espanol. This Commission... the majority of this Commission found the Casino Espanol to be a responsible bidder and the Casino Espanol offered more than any other entity that's in that area right now and the Casino Espanol not only offered more, but the Casino Espanol offered a two -and -a -half gross on a gross profit, which no other entity that has any land, any private club that has any land in that area has offered. So, I think that the Casino Espanol has done everything that it can. Every- thing that was fair under the processes and it should not ... this item should not be reconsidered. Now, we are here to, I think, for this Commission to approve whether this is a contract that will benefit the City, and I don't think that this matter should be submitted to a new RFP. Mr. Carollo: Well, first of all the original proposal that Casino Espanol gave to this Commission is not the same as the one that she mentioned now. 1 The three thousand dollars a year or two and half percent of all the gross. s That was renegotiated after some of the supporters that they had on this Commission were even embarrassed at their original proposal, and I would like to put that in the record. Secondly of all,... Ms. Fernandez: Well, I would like to answer that. Mr. Carollo: ...in as far as any subversion of anything here, I think that the citizens of this community should realize that the City of Miami is not in the welfare business. We are not the Salvation Army. We are not the Red Cross. We are a private corporation really, that we are to try to get the best deal for the City of Miami possible and for our taxpayers. Now, you were the sole bidder and the reason that you were the sole bidder, there is no one sh else that bided on this particular piece of property, no one else submitted a z bid. The reason that you were is because this was pushed awfully quick, as you well know, and at the same time the ads that were placed in limited n newspapers, for instance, the major newspaper in this community, we had no major advertising on this. Other newspapers that we advertised in, it was not advertised as we normally do. It was advertised in very small print, very ' small space in the legal section next to the obituaries. Well, I mean, who is going to be reading this? Very few people are. And on top of that, if someone would have found that in the newspaper, it would have been impossible X_ 'f for any legitimate organization to have submitted a bid based upon having only ` thirty days. The reason you were able to, because you had lent of months Y plenty before you came to the Commission and tailor cut this property in the RFP to suite your needs. So, you were prepared. You had a really an unfair advan- tage over other bidders. This is why I think that our whole process has to be changed, and I intend to represent a motion in a little while to that effect. When we put City land up to an RFP to receive bids, we should have at least a minimum of ninety days from the day that it's put out in the newspapers for F=y people to be able to study it and then come back to the City Commission and 't give their proposals. That is only fair, and that is the way that I think things should be done in democracies like ours, but now that for you to say :,. that we are not fair when we are seeing here that we have someone that is one of the most respected, legitimate, proven organizations of this community, 4' that is willing to offer all most three times more cash money, and instead of y..;` your two -and -a -half percent of the gross, they are will to offer a minimum of three -and -a -half percent of the gross for this piece of land, I don't see how you could expect this Commission really to take any other position than to open it up for a new RFP. All that you have to do in a new RFP, you still have the inside, you know that piece of property inside out, it's just give more to the City than you have offered before. Ms. Fernandez: Mr. Carollo, we have no inside on anything. Mr. Carollo: Wall, excuse me, then how did... Ms. Fernandez: If you wish to discuss the responsibility of the Big Five, let .; me perhaps shed some history on the subject. The Big Five Club as I under- stand it, at one point had a lease for some property in that area for one dollar a year, and allowed that lease to abate or abandoned that lease. id 78 April 22, 1986 Mr. Carollo: Well, all that I know is that the Big Five, the property that they have now, it was paid for out of the monies of the people that are members, and they didn't come before no City government for what they have now. Me. Fernandez: That's right. Mr. Carollo: I don't think anybody could question that that's probably the beat club in all of Dade County. Ms. Fernandez: That's right and it's ... Mr. Carollo, you are also aware, are you not, air, as far as the City of Miami is concerned that you require that there be no discrimination in any admission policies of any of these private clubs or any of these entities that lease from the City. Are you aware of that, air. Are you aware of... Mr. Carollo: Madam, let we say this to you. First of all, as an attorney, I would advise you to be awfully guarded in your allegations that you are trying to throw out. Secondly of all, if I may, right here is the membership of the one thousand four hundred active family groups that are members of the Big Five. If you include all the family members of those one thousand four hundred families, they have approximately five thousand six hundred members. Now, I submit to you, and here are their names and addresses, for your organi- zation to do the same. You know, all your active paying members. Ms. Fernandez: Sir, all of that has been submitted to this Commission, sir... Mr. Carollo: No, it has not. Ms. Fernandez: Yes, sir. Yes, sir. Mr. Carollo: No, it has not. Your complete membership list? 1 I + Mayor Suarez: OK. That's a factual question, why get into a yes, sir or no, sir. OK. Thank... Ms. Fernandez: I don't...I think that we should just vote on whether this lease should be approved. The RFP has already...we have gone through that process and we should ... this Commission should take a vote. Mr. Dawkins: Madam City Attorney. Mayor Suarez: OK. Please. Commissioner? Mr. Dawkins: Madam City Attorney, where are we legally? We have before us an RFP that was legally let and was legally accepted, I think. We also, have a valid legal point raised by Commissioner Carollo, in that public land should get as such in return as it can. So, now if we go with Commissioner Carollo, do we leave the City open for suit from Casino Espanol or are we home free? I mean, I need... Mr. Carollo: In other words, what the Commissioner is asking for, can we legally place it out for a new RFP? Ms. Dougherty: The answer is "yes". You may reject this item for two rea- sons: one, on business reasons, that is the return is not sufficient for the 'i City or two, you want to send it out for a new RFP with different conditions, different qualifications or a different scope within the original RFP. You may not, however, send it out for a new RFP just because you have somebody on the wings who wants to bid more money for the exact same RFP. fMr. Carollo: That's understandable, Madam City Attorney. At the same time, ! II the City can legitimately request certain material to be given to it before it accepts an RFP or before it has a final vote on an item? Ms. Dougherty: Yes, air. Mr. Carollo: Such as a full complete membership list with the addresses of members, the fees that they have paid or paid on yearly basis, if those fees id 79 April 22, 19$6 V, qN were paid by themselves or paid to them by the organization. In as far as their working capital each year, where are the funds that they have to build whatever is required of them, the RFP to build there, to show...if they uilt letters of credit, their bank accounts, to show that they have the funds and again, I submit to this Commission that that's one of the things that I don't think has been quite clear on this particular offer to the City, exactly, where the funds are to build this, but at this point and time, Miller, I think you agree basically, with what's here. You are not saying that you are not going to be voting for this group or that. All that you are saying to open it up to a new RFP, so that the air can be cleared once and for all, and every- body can bid and hopefully, the City will get a such higher percentage that we are looking in getting here and a higher cash figure on a yearly basis. Mayor Suarez: That's not at all what he said, and he asked the question "Would the City be exposed to a lawsuit?" and the answer, I think, is under the present conditions, yes, we would be exposed to a lawsuit. Mr. Carollo: Mr. Suarez, well, wait a minute. You are not the City Attorney. Mayor Suarez: Commissioner? Commissioner? Mr. Carollo: Yes, you might be an attorney, air, but if you want to be the _ City Attorney, I suggest that you resign, sir, and then you apply to be City Attorney. You know, I don't pay you to give me legal opinions. Mayor Suarez: I'm just giving my opinion, Commissioner. Mr. Carollo: I pay the lady over there. Fine. Mayor Suarez: We would be exposed to a lawsuit under the present circumstanc- es. ,{ r 4 Mr. Carollo: She gave her ...end she did not say that we would be exposed. Mayor Suarez: She said if that was the only reason and that's the only reason that is today, sir. Mr. Carollo: That's not so, air. That's not so. ! Mayor Suarez: That's my opinion, sir. Mr. Carollo: See, the problem is that you don't listen, Xavier. Mayor Suarez: You can have your opinion. Mr. Carollo: You only listen to Pepe Hernandez, Tony Zamora, Mas Canoss and Doran Jason, but you don't want to listen to anybody else. I gave legitimate reasons here why we should look over this whole process. Now, if you went I will translate it for you in Spanish, you know, or I can repeat it in English. Mayor Suarez: That's fine, air. Commissioner Plummer. UNIDENTIFIED SPEAKER: Mr. Mayor, may I... Mayor Suarez: We will hear from the counselor for Big Five. UNIDENTIFIED SPEAKER: If... Mayor Suarez: Wait, Frank. Commissioner Plummer? !} Mr. Plummer: Mr. Mayor, I wonder if we are not really arguing about nothing. You know, I guess as a politician you try to make everybody happy and maybe f there is the possibility here that that can be afforded to both groups. We are such aware that two months remain on the allocation of land to the barge, and then that property reverts back to the City to do whatever it wants with. There is no way... we are well aware, there is no way that the barge is going to be able to proceed. They can't do it. They don't have the money. Now, maybe what we should consider is dealing with both of these groups, that is a beautiful area for this kind of an activity. I have to feel that the City Manager, I'm going to put him on the spot, of course, that he is the one who Id 8o April 22, 1966 lh negotiated this lease with the Casino Espanol, and that he in his negotiation felt that this was the best negotiated deal he could make... Mr. Carollo: No, he was not. It was the previous City Manager that negotiat- ed the lease. Mr. Plummer; All right, well then I stand corrected. Mr. Odio: No, I... can I correct you? Sir, that deal was negotiated right here by the Commission, not by the City Manager at any time. Mr. Carollo: It was negotiated by you, J. L., when you said that what they offered originally was not high enough and you wanted more. Mr. Plummer: Exactly. Exactly, I said that. There is no question about that. Mr. Odio: It was negotiated in front of the City Commission. Mr. Plummer: But it is still... Cesar, correct me if I'm wrong once again. It is still of all of the clubs that are existing on City property, it is still the highest lease? There is no question about that. Mr. Odio: The offer that we have, yes. Mr. Plummer: OR. Now, what I'm saying is are we fighting for a reason, or are we fighting to get the Big Five a place over on that facility which they feel they want, and I have to remind you that it was all the members of the Big Five who originally came and beat my head soft to get the Rowing Club there, Cod rest his soul, Fernando Puig, and isn't it possible that rather than trying to fight each other that we can accommodate both. Now,... Ms. Kennedy: On the same property? Mr. Plummer: No, you can't do it on the same property, but the property proposed for the Casino Espanol is one parcel, and that which is delegated to the barge is another parcel. Mr. Carollo: Yes, J. L. but what... Ms. Kennedy: OR. Wait, wait, wait. Mr. Carollo: The reason that we are bringing this up is not necessarily at all, because the Big Five has shown that they can give the City much more, three times as much more almost as they have offered in cash, and three-and-s- half percent gross instead of two -and -a -half, the reason is, that I'm stating for the record is that I don't feel and this Commission should not feel that we are getting sufficient monies for this land, and that we should set some additional criteria to make sure that whatever was placed in the RFP to be constructed there, will be constructed. Mr. Plummer: Joe, let me disagree with you, all right. Because if you want to come to a business, an outright business deal. eight thousand a year and three -and -a -half percent for that kind of a parcel of property is ludicrous. OR. Mr. Carollo: Well, this is what I have been saying all along, J. L., but... ? Mr. Plummer: OR. But I saying that's... Mr. Carollo: ...it's even more ludicrous to go with three thousand a year and two -and -a -half percent. ' Mr. Plummer: OR. But what I'm saying is, are we serving a public purpose? That's what I think the real basis of it is. Mr. Carollo: Well. let me say... Mr. Plummer: Bight thousand a year and three -and -a -half percent for thirty thousand square feet of waterfront property, it makes no sense in anybody's mind. I think... ld 81 April 22, 1984 Mr. Carollo: Well. I'm glad to see... Ms. Kennedy: OK. But let me address something that he just said that really bothers. Mayor Suarez: Commissioner Kennedy. No. Kennedy: If you are talking about two different properties, then we are talking about a Bayside giveaway. Let's give an acre here, let's give an acre there... Mr. Carollo: That's what I have been saying. Ms. Kennedy: ...and pretty soon we will be giving all of the City's Bayfront properties to private clubs. I don't think that's what we want to do. Mr. Plummer: Well, are you indicating then, Commissioner Kennedy, that we don't entertain either one? Ms. Kennedy: Yes, I agree, go for the highest bid, for the best... Mr. Plummer: Oh. but wait a minute now. Are you saying don't go for either one? i Ms. Kennedy: No, no, no, I'm saying for this one property, not for different. properties. Mr. Carollo: Miller, J. L., why don't we place this out for a new RFP for ! legitimate sound reasons that have been given here and then when whatever is going to happen on whatever other piece of property you are talking about happens, then we can revisit that at the time if we need to. And that would have to go out in a new RFP also. Mr. Plummer: Joe, I guess it goes to the credibility of the City, .and the credibility of the City is that they dealt in good faith with these people. They went to an RFP. They have negotiated a contract and it has been recom— mended to this City. Now. the question then comes, is the City dealing in good faith? And you know. you can argue both ways... Mr. Carollo: J. L., the City is dealing in good faith. Any time that the City is acting in its best interest, the City is dealing in good faith and unfortunately, the people that's sitting in these seats here and have sat here in the past, don't necessarily always follow what the rules should be. We let our opinions be swayed for a variety of reasons at times, and I think, putting all that together the City has dealt with very good faith. Now, what I would like to do is present a motion to place this particular piece of property up to a new RFP. where we would give the people ninety days in order to reply. This would give everyone including Black private clubs that might want to apply and others, ample time to give the City a good, sound proposal, and at that time if you want, we could revisit the other property you are talking about, and the Casino Espanol certainly is going to have every right to apply again to this new RFP and offer more than they have already, if they so wish, and at the same time. we should require in this new RFP that; number one, there should be ample proof given to the City that the institutions have the financial capability to construct what is being requested in the RFP. and two that we should request a complete and full membership list of all their members with their addresses. and the amounts that the members are paying on a yearly basis, and the full amount'that the clubs collect on a yearly basis. Mayor Suarez: OK. We have a pending motion before that one, unless the mover wants to withdraw his motion and the pending motion take... Mr. Carollo: No,... Mr. Dawkins: Well, I would like to say that, I agree with J. L.. our credi— bility in ■y opinion is at stake. We do have two parcels of land and I agree with Joe, that some criteria should be set and I ---in my opinion. I think we can serve both groups The Casino Espanol can be given this piece of land with a date to complete it. id 82 April 22, 1986 Mr. Plummer: That's in the contract already. Mr. Dawkins: If they don't complete it and don't raise the money as, Joe, said ... if they don't...and I'm...Joe, didn't say this and I don't want people to think ... but if they do not have the membership to raise the money to build it, they can't build it. I don't care how large their membership list is or how small it is, if they don't have the money. And I also, if this motion passes will make a motion that we put an RFP out for the other portion to see how gracious and generous the Big Five Club will be in order to have their organization, because ... and I'm going to say, Joe,...I mean, not to. Joe, I'm going to say to the public. I have been assured by both groups that anyone wishing to apply for membership is welcome. So, I don't want anybody to think that there is anything --any discrimination because of race, creed or color. Now, I was assured of that myself. So, I would like, you know, I would like for that to be spelled out here now. Mr. Carollo: Miller, number one, we have no assurance that this other barge club is not going to comply or be able to help hold that land through court action or other reasons. We have no guarantee of that. It's just an assump- tion right now on our part. You know, only an assumption. Number two, you know, if I can lay the cards right on the table, you know, if we were to vote on this now to try to give them this piece of property, this Commission would be acting, I think, irresponsible in not seeing first of all, a complete membership list, see how many members they have and what they have paid for and to see actual facts and not tell you us like it was told before, "well, once we have the contract we will get members and we will have the money", you know, it seems to me like I have heard that earlier today on another island. t� What I'm talking about is to show us actual proof that they have "X" amount of money... dollars in the bank, that they are going to be able to build what they are saying they are going to. I think that we would need that information a before we could vote upon that. Mr. Dawkins: But Madam City Attorney, we can't demand things of them now that we didn't put in the RFP, can we? I mean, and be legal? Mr. Carollo: We can request that can't we? Mr. Plummer: Oh, yes, we can. Mr. Carollo: We can request that, can't we? We can request that? Ms. Fernandez: May I respond? Mayor Suarez: Go ahead. Ms. Fernandez: The... Mr. Carollo: No. excuse me. Madam City Attorney, can you respond to that question on the record please? Mayor Suarez: She has already responded to that question. We can negotiate additional terms, can we not, if we wanted to? Ms. Dougherty: Yes, and I think you are asking for assurances of responsible responsibility and fiscal responsibility. Mr. Carollo: Thank you, Madam. We pay you to be our City Attorney, again, not the gentleman over here. Mr. Frank Orango: Mr. Mayor? Mayor Suarez: Now, we have a motion and we have a second. What I'm going to do is, we have a substitute motion that presumably has not been accepted from what I hear,... Mr. Frank Orango: OK. Mr. Mayor? Mr. Mayor? f Mayor Suarez:... but I'm going to let you s at this point, Y peak on either of the two motions po just so that we... ld 83 April 22, 1986 14 Mr. Frank Orango: No, no, no, what I'm going to propose... Mayor Suarez: You don't want to speak on either of the motions? Mr. Frank Orango: No. I'm going to propose away that perhaps it will pave the way and clear the air. Mr. Plummer: Good, we will make you Mayor. No. Hirai: Excuse me, your name for the public record please. His name... Mr. Frank Orango: I certainly realize the credibility of the City and the credibility of the Commissioners. It's very... Ms. Kennedy: Frank, you have to state your name for the record. Mr. Frank Orango: Frank Orango, on behalf of Big Five Club. I understand the credibility of the City is very important, but I believe the bottom line here is good business. Since we were number six on the agenda, ahead of the Casino Espanol, why don't you allow us to say what we have to say. We have substan- tial issues of law and fact that perhaps will pave the way and clear the air. May we proceed? Mr. Plummer: I have no problem with that. Mayor Suarez: Now, the only thing I ask you, Manny, as you proceed is to please not get into an intricate legal argument and just give us what you think is the status and your opinion as to where we are. Mr. Manny Morales: I'm not in a ... my name is Manny Morales of the Big Five Club, and I think many of the things that I wanted to say have already been covered in the discussion among the Commissioners. I think clearly the Big Five Club is a viable entity that we ... that has no notice of the availability of this property. I think the City Attorney has advised the Commission that there is a way that this property can be put back up for bids without exposing } the City to any liability, or without endangering the credibility of the Commission, and in addition, I would also like to say that there are legal J instruments by way to resolve any exposure which the City may have because of the possibility of what's already occurred. I'm not going to stand here and argue or discuss with the Casino Espanol people about the viability of their club, or try to insult their club as I feel we have been by their counsel, because I don't think that's the issue at all, and it's certainly not a Casino Espanol versus Big Five issue. I think it's a decision for the Commission to consider. We do have a viable proposal from a viable entity that is clearly } higher and more beneficial to the City, and I think it's something that you can certainly consider or reconsider. I take note that the ---and correct me if I'm vrong--the resolution did not pass before when they were the only bidder. So, certainly, there must have been doubts in you all's mind that... Mr. Dawkins: No, it did not pass sir, because I was not here. Mr. Morales: I understand that. Mr. Dawkins: OK. Well, no...it wasn't five Commissioners. Mr. Morales: I understand that. Mr. Dawkins: So, let me ... all right, I want to clear your mind. Mr. Morales: I understand that. It was a two to two vote. I didn't know why. Mr. Dawkins: Mr. Morales: Mr. Dawkins: So, if you got any doubt in your mind, I want to clear it up. OK. All right, now go right ahead with your presentation. Id 84 April 22, 1956 Mr. Morales: Well, that's basically, what I had to say, but certainly it didn't pass at that point, and you do have something more beneficial for the City in front of you now, and you do have the way to take advantage of our offering. Mr. Orango, ay colleague, is here to discuss any of the legal problems that may be involved very briefly, and Mr. Hernandez is here to discuss any of the factual problems. Mr. Arthur Hernandez: What Mr. Carollo, said regarding the advertisement for the ---for proposals is very true. It came about the 25th of July of 1985, in which Resolution 85-813 was authorized by the Commission for the issuance and of request on proposals, and it was indeed published in a small little ad in several local newspapers. The Big Five Club had no idea that was going on. The Big Five Club did not have any notice. On October 24, 1985 by Resolution 85-1088, the Commission accepted the only ---the sole bid which was from Casino Espanol, at a base rental of twenty-four hundred dollars per year plus two and a half percent of gross or two -and -a -half percent of gross sales. We are here to proffer not only additional income to the City of Miami and consequently benefits to the taxpayers of this City by proposing additional income to the City. Now. we have two legal issues here in question. The first one is whether the Commission may reject a bid for lease of property which substan- tially agrees with the requirements, that of the Casino Espanol. The City Attorney, in a legal opinion rendered on the 17th of March of this year answered that question. She stated in her opinion that the Commission may reject an already approved bid for lease of property in the City of Miami. Her answer was in the affirmative. The second issue is whether the Commission should approve a resolution for proposal of new bids due to the emergence of a viable, new outside bidder. In this question, the Big Five Club. I think they can. I think they should, because it's good business. Mr. Plummer: She said "no". She said you cannot go out and cancel this bid for a new bid based on a higher dollar. Mr. Morales: By a new resolution for... Mr. Plummer: She said "no". Mr. Morales: It can be reopened. Mayor Suarez: If that was the... Mr. Plummer: She said "no". Ms. Kennedy: If it is a business reason. Mayor Suarez: If that was the only reason it could not, but... Mr. Morales: No.... Mayor Suarez: ...if there were other reasons... Mr. Morales: According to Chapter 11 of the City Code, you can reopen a competitive sealed bidding. a new one, which is more or less what Mr. Carollo, just... Mr. Plummer: At any time, sir. Mr. Morales: At any time. Mr. Plummer: For the sixteen years I have been here, we can reject bids at any time. Mr. Morales: Well, that's exactly what we are asking from the City Commission today. And now, we have facts and we facts and I would like the facts to be told by Mr. Hernandez, my colleague, Mr. Hernandez. and I'm sure it will convince the Commission. Thank you. Mr. Carollo: You said which Mr. Hernandez? It's Pepe, you mean. Mr. Morales: Arturo Hernandez. Id 85 April 22, 1986 Mr. Carollo: OK. I'm sorry. I thought it was Pepe Hernandez out there. right back there now. Mr. Arthur Hernandez: No relation. Mr. Morales: No, relation. Mr. Arthur Hernandez: My name is Arthur Hernandez, and I also speak on behalf of the Big Five and I think that Commissioner Plummer asked a precise ques- tion, actually two questions, when he in retort to Commissioner Carollo, said that we are trying to serve a public purpose and that the City must maintain a level of good faith in its dealings with the private sector, and I would like to address those, because I think those are the key questions and I think that that's what forms the basis of our analysis. Under any analysis that would be incorporated under the facts that I have at my disposal which I would like to share with the Commission now, the Big Five stands, I think, preeminent among all private clubs in what they offer in terms of services to the community as well as what do they offer to their own membership. Nov, we are prepared, and as I authorized to make this communication to the Commission, we are prepared to exceed any bid that is proffered by the previous bidder in this case. I think there is little question that economically we can out distance them and economically, the City of Miami will be favored by virtue of having an open and competitive bidding process. When you talk of good faith, then I think that almost inherent in that analysis you must consider whether or not you had a competitive bidding process, which under the facts and circumstances before the Commission today, you have not had that, given the fact that there was one sole bidder, and so therefore, our position with regard to your concern about good faith should be answered in this way. No one is seeking here to prevent Casino Espanol from putting any bid or augmenting their bid to the City Commission. What we are saying is that we should have been given the opportu- nity to bid further, because it furthers the interest of the City of Miami. The Big Five is as Commissioner Carollo, aptly put it, has a membership that exceeds five thousand six hundred members. They have an equity that exceeds seven million dollars. They have gross annual incomes of over a million dollars coming directly from the quotas and the fees that are paid by the membership. This does not, of course, compute the additional income that they have access to by virtue of the numerous social events that they host. Our commitment to the community on all levels is really without peer in this community. We have been in operation for fifteen years, as a legal and actual entity, something that cannot be matched by our competitors in this bidding or in this propose,. Our track record has been also outstanding in the area of international affairs. We have hosted a number of international contests and have hosted the participants for example, to the Miss Universe contest. Our commitment to charities is also unchallenged, and it is an unassailable fact that we have been one of the greatest contributors to the American Cancer Society, and so on and so forth. I could list numerous different instances wherein the Big Five has been at the forefront of charitable contributions. To the Ronald MacDonald House, to the Red Cross and to the Kiwanis Association are just one of many that the Big Five has shown a long standing commitment to. So, the bottom line and the analysis that has to, I think, be undertaken here is this, that there should be a resolution by the Board of Commissioners allowing an open and competitive bidding process, which I do not think has taken place, and when that takes place, I think that the Big Five's proposal, I think, will be in the best interest not only of the membership of the Big Five, but also coincidentally with the membership of Casino Espanol, which is invited to participate in any of the activities that the Big Five would have. Not only that, but I understand that many of the members of Casino Espanol are also members of the Big Five Club. So, for that reason alone, I think that we should put this up to a resolution to allow us to make our proposal to the Commission. Thank you. Ms. Fernandez: May I respond? I think that if the City Attorney... if Madam City Attorney is asked by any one of the Commissioners, Mr. Mayor, Mr. Vice - Mayor, if there was an open competitive bidding process followed in this case, that she would be able to reply affirmatively without question. There has been an open competitive bidding process followed in this case. So, there is no question that the question of whether the contract negotiated with the Casino Espanol should be approved by this Commission at this point. Now, the business reason that the Commission may send back a proposal for a new compet- itive bidding, the appraisals that have been submitted by the appraisers Id 66 April 22, 1986 chosen by the City of Miami, on this particular property, thirty thousand square feet of land. Thirty thousand square feet of land is not very big property. Those appraisals have come in at thirty one thousand and thirty- five thousand dollars. This particular lease is for less than ten years as I understand it. (INAUDIBLE BACKGROUND COMMENT). No. Fernandez: OK. As far as the business purpose, or as far as the business aspect of this is concerned, the Casino Espanol has offered more than what this property is worth. So, it is good business for the City, for the use that the City intended the property to be... Mr. Carollo: J. L., she is not agreeing with what you said a little while ago. Mr. Plummer: She is entitled to her opinion. Mr. Carollo: OK. I just wanted to, you know, make sure you understood. Mayor Suarez: OK. We have heard enough on all the items having to do with this over, I don't know how many Commission sessions since I have been !Mayor, and prior to that. Commissioners, what's your pleasure on this item? Ms. Kennedy: We have a motion on the floor. Mayor Suarez: We have...The first motion is to approve the lease of Casino Espanol. That's been seconded. We also have a motion to disapprove it and send it back for RFPs' and we ---I believe we have a second on that too. So, let's take them each... Mr. Carollo: The second motion is to send it back for an RFP. We are not saying that we might not approve it in the future. You know, they have the right to apply again. Ms. Kennedy: That's right. Let the best man win. Mayor Suarez: That's right. That's the second motion. We will take... Mr. Dawkins: Madam City Attorney? Mr. Plummer: Well, that's a substitute. Mayor Suarez: It's a substitute and it hasn't been accepted. So, it's... Mr. Dawkins: Madam City Attorney? Wait a minute, hold on. Mayor Suarez: Commissioner, go ahead. Mr. Dawkins: Madam City Attorney, I mean, the media, all of the citizens and all us sitting here, and we are going around and around, and I'm pretty sure that either way, if this doesn't go the way that I think it should go, I mean, the way that I think it will ... Well, either way, that there is going to be a lawsuit. Can you ... do you think that any lawsuit, if we were to send this back on the strength of whet we have heard and what we are doing, and that the Casino Espanol challenge to the City for damages, do you think that you could win that case? No. Dougherty: Mr. Commissioner, if you were to send it out for a new RFP, I would suggest you change the RFP from the original RFP so that it would not be the same one. You would change the scope in some respects to preclude a... Mr. Dawkins: So, then... so what you are saying is, then if we are going to deny this RFP because we don't like the scope ... I don't know now, I'm guess- ing... Ms. Dougherty: That is correct. That is correct. Mr. Dawkins: Don't like the scope... 14 87 April 229 1986 No. Dougherty: That's the only basis for denial that, (a) The business reasons... Mr. Dawkins: And if ve...and in lieu of what's been said here and what's been going on# you can go to court and successfully defend our actions. No. Dougherty: Yes. Mr. Dawkins: OK. Ms. Dougherty: Let me ... you had two motions on the floor, but the second motion should actually be a rejection of this proposal. The first motion is an approval, the second one is a rejection. because you can't send it back for a new RFP until you reject his one. Mr. Carollo: Sure. OK. Lucia, can... Mayor Suarez: The first motion... Mr. Dawkins: Wait a minute, Mr.... Mr. Carollo: The substitute motion is a rejection of this proposal, I'm asking that as a motion now, as a substitute motion to reject this proposal. Now, after this is voted upon and if I am successful in achieving ---in getting three votes for this, then the next motion that should be made is to instruct the administration to come back to this Commission with a new RFP that's drafted, with additional new scopes that the Commission will instruct the administration to make when they meet with us individually. We will give them ` our individual input and then it will be brought back to this Commission once 1 we have a new RFP under different scopes, so that this Commission can then put it out to bid. Would that be appropriate to do it that way? Ms. Dougherty: That would be appropriate. Mr. Carollo: OK. Mr. Dawkins: OK. Madam City Attorney, point of information. In the event that the motion that I made prevails, which is to accept this, then am I --- can I come back with a motion to put out an RFP for the other part of the land? Mr. Carollo: There is no other part of any land, Miller. Mayor Suarez: As soon as a ---the period expires on that. Mr. Dawkins: Wait a minute. Mr. Odio: Maybe I better explain that. Mr. Dawkins: Yes, you better. Mr. Carollo: You better, Cesar. Mr. Odio: The American Barge Club was given a piece of property next to Planet Ocean about two years ago, I believe. When I became City Manager, I wrote them a letter saying that they had tied up City property, that they had six months to either get a permit to build or to return ---or that property would revert back to the City.. They have two months before that six months expires. at that point we will take action to bring the property back to the City, but until then it's legally in the hands of American Barge Club. Mayor Suarez: Have they given any indication that they will be able to do the project there? Mr. Odio: They responded to the letter. They met with staff and the staff feels that they cannot build, but you never know, they still have the two months that we gave them. Mr. Carollo: If I may, I think instead of baking two motions, I can draft this motion as one, and the motion will read as follows: That we reject the proposal that is before us today from Casino Espanol de la Habana, Inc., and Id 88 April 22, 1986 that we instruct the administration to meet with each individual member of this Commission for the purpose of drafting new scopes for a new RFP, at which t time that will be then placed out for a new RFP after each individual member of this Commission has expressed their view and concur with the new scopes to be placed in the new RFP. Mayor Suarez: We have a motion and a second to accept the lease, should we { not take a vote on that first, Madam City Attorney? Mr. Carollo: No, because the substitute motion takes precedent over... Ms. Kennedy: No, this is a substitute motion. Mayor Suarez: I'm asking our parliamentarian? Which one do we vote on first? If the mover... Mr. Plummer: Wait a minute, ask Mr. Carollo. Mr. Carollo: He never listens. Be never listens. Mayor Suarez: If the mover does not withdraw the motion, don't we take a vote on the initial motion? Mr. Plummer: No, the substitute would take precedent. Ms. Dougherty: Normally, the substitute motion takes precedent. Mayor Suarez: We have a substitute motion to reject the RFP, actually, the proposed lease and we have a second on that motion. Ms. Kennedy: I second that. Mayor Suarez: Please call the roll. Any further discussion from the Commis- sion? You know how I feel about it. Call the roll. THEREUPON a motion was made by Commissioner Carollo and seconded by Commis- sioner Kennedy to reject the proposal that is before them from Casino Espanol de le Habana. Inc., and instruct the administration to meet with each individ- ual member of the Commission for the purpose of drafting new scopes for a new RFP at which time that will be then placed out for a new RFP after each individual member of the Commission has expressed their view and concur with the new scopes to be placed in the new RFP was defeated by the following vote: AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy NOES: Commissioner J. L. Plummer, Jr. Vice -Mayor Miller Dawkins Mayor Xavier L. Suarez ABSENT: None. Mayor Suarez: OK. We will take the motion to accept the lease of Casino Espanol. Mr. Carollo: OK. If I may... Mr. Plummer: Well, now, hold up a minute. Now, it's my turn. Mayor Suarez: Yes, Commissioner? Mr. Plummer: It's a mean man that won't compromise, Mr. Segundo. Let me talk to your daughter. (INAUDIBLE BACKGROUND COMMENT) Mr. Plummer: Oh, OK. I think you ought to try to make a little better offer to the City. I'm not ... you know, I'm not going to tell you that you are not, but I think a few more quelitos won't hurt a bit. 1d 89 April 22, 1986 I Is Mr. Segundo Fernandez: OK. Mr. Plummer, when we made the offer... Mr. Plummer: I'm not trying to tell you what to do. Mr. Fernandes: OK. What do you want? Now much do you think that I will do ---we would need? Mr. Plummer: I'■ not trying to tell you what to do, you got to volunteer it, sir. Mayor Suarez: Counselor? Mr. Odio: A hundred thousand and up is OK. Mr. Plummer: The Manager says anything under a hundred thousand will be fine and... Mr. Fernandez: OK. I accept it. Mr. Odio: A hundred thousand? Ms. Kennedy: You do? Mr. Fernandez: One thousand more, no one hundred. Mr. Odio: Oh, I said a hundred thousand. Mr. Plummer: No, no, no, no. Mr. Fernandez: only one hundred dollars. Mr. Plummer: I would hope the maker of the motion... Mr. Fernandez: I am ready to offer, because I want to cooperate with the City, but in a reasonable way. Mr. Plummer: I would hope the maker of the motion, Mr. Dawkins, that five thousand dollars a year plus two -and -a -half percent, I think is fair. Mr. Carollo: He didn't say that. He said a thousand. Mr. Plummer: I heard what he said, and he heard what I said. Mr. Carollo: Mo. no, he has not heard what you said. Mr. Fernandez: Mr. Dawkins, five thousand and two and a half percent? Mr. Plummer: Yes. Mr. Dawkins: OK. Mr. Fernandez: I accept. Mr. Dawkins: No, we accept yours. Ms. Kennedy: We submit an offer of five thousand... Mr. Fernandez: I accept the new proposal. Mr. Dawkins: Boy, are we going to look like hell in the newspaper in the morning. Mr. Carollo: Boy, I tell you, I'm glad we don't have too many islands in the City of Miami. Mr. Dawkins: Do not read the Miami Herald and the News tomorrow please about this City Commission meeting. Mr. Carollo: Now, if I may, Commissioner Plummer, I need to get some addi- tional questions answered. As I stated before, we have not had the answers to 14 90 Apr 1 U t 1886 µ,<_ `.` ti these questions, and either the counselor or her father could answer them, whichever eight be the case. now much money do you have now in s savings account that is solely for the purpose of Casino Espanol to construct? Mr. Fernandez: Can I raise a question here? Mr. Carollo: I thought I did, but... Mr. Fernandez: It was discussed the last time here, that we before need to go to Tallahassee to require for the permits and that was discussed here. Mr. Carollo: I'm not asking about permits or anything now. Mayor Suarez: gut he is asking about the amount of money you have got saved up. You gave us that figure before at another hearing, would you give it to us again if you have it? Mr. Carollo: Excuse me, do you know John Meyers from Watson? You should. Ms. Fernandez: The answer is a hundred fifty thousand dollars. Mr. Carollo: OK. You have a hundred fifty thousand dollars? Ms. Fernandez: Yes, sir. Mr. Carollo: In the bank? Ms. Fernandez: Yes, air. Mr. Carollo: OK. Can we see whatever you have there please? Ms. Fernandez: Please, go ahead. Mr. Plummer: Mr. Manager, also, if you would refresh my memory. They have to in this lease ---they either have to start construction by what, is it? Six months? Mr. Odio: Eighteen months. Mr. Plummer: Eighteen months, yes. Or if they don't start construction within eighteen months... Mr. Odio: The land reverts back to the City. Mr. Plummer: The land reverts back to the City, plus the provision that at any time the City, for public purpose, can go in and take that property back with ninety day notice. Mr. Odio: Provided we pay for the amortized... Mr. Plummer: The amortized remaining portion. That is correct. Ms. Fernandez: OK. Mr. Carollo, what we have here are two letters from a bank. Mr. Plummer: Mr. Ferre? Mr. Odio: Mr. Ferro? Ms. Fernandez: No. no. I'm sorry, I said Mr. Carollo. Mr. Plummer: Oh, that's worse. Mr. Carollo: Well, I can certainly understand after Watson Island today why you think Ferro is around, you know. Maybe not in body, but in spirit. Mr. Plummer: Yes. Ms. Fernandez: Yes. What we have here are two letters from Pan American Banks one confirming the accounts of the Casino Espanol and the other one Id 91 April Z2, 1966 confirming a hundred thousand dollar certificate of deposit that was part of the RFP proposal that was pledged for the construction of this property. Mr. Carollo: OK, can I see those letters please? Mr. Dawkins: I would like to know, Madam City Attorney ... I mean, Mr. Manager? Mr. Odios Yes, sir. Mr. Dawkins: While Commissioner Carollo is studying that... Mr. Odic: Yes, sir. Mr. Dawkins: What does the other group need ---the Barge Club need in order to construct their property? Mr. Odic: Number one, sir, they have to get a building permit and... Mr. Dawkins: Building permit from where? Mr. Odio: Dade County. That's Dade County's territory. They have to build ... once they get the permit... Mr. Dawkins: Why is it Dade County's property? Mr. Odic: Because the Marine Stadium is Dade County's. In fact, any time you build there ---that we build there, we have to go.to the County. Mr. Plummer: How can we lease property that we don't own? Mr. Odic: The City own land in the County territory. Mr. Dawkins: Huh? Mr. Odic: That is right. Mr. Dawkins: OK. Well, I'm going to make a motion now that in the event that the Barge Club does not build, that this land be made available to the Big Five Club. I make that motion now. Mr. Odio: Commissioner, I want to get Lucia here, because I don't think we can do that. Mr. Carollo: Excuse me, excuse me, we... Mr. Plummer: Excuse me, you can't do that. Mr. Carollo: This is not clear. Look,... Mr. Plummer: You can't do that. Mr. Carollo: ...one letter here...whoah, time out, if I could. Mr. Plummer: It's got to go to an RFP. Mr. Dawkins: Hold it. Hold it. Mr. Carollo: If I could call time out here. Mayor Suarez: Commissioner Dawkins, I don't believe that motion would be proper in the sense that it would then have to go to RFP. I think that clarifies it. Mr. Carollo: Gentlemen, gentlemen... Mr. Morales: Can we have the same RFP that they had? Mayor Suarez: Right. It would...I think the tenor of the motion is that then it would be open to RFP, which of course, Big Five could participate. Id 92 April 22, 1986 t 141 Mr. Carollo: OK. What we have here... Mr. Morales: Can it be publicized the same way that was? Mr. Plummer: Sure. Definitely. Mr. Morales: Next to the obituaries? Mayor Suarez: Yes, we will publicize it next the the obituaries, Manny. Mr. Plummer: Hey, you know, wait a minute now. I have had enough of this. Hold on. You have not insulted me. Mr. Carollo: J. L.? Mr. Plummer; I want to tell you that the obituaries are the second most read column in the newspaper. And you want to laugh? Let me tell you what's first. Mr. Dawkins: By J. L. Plummer. Mr. Plummer: Let me tell you what's first. The comics, you are right. Do you know that only four percent of the people read the editorials, and that four percent is ninety-nine percent politicians. Mr. Carollo: Can I clarify something that needs to be clarified? I have here two letters that are notarized, both from Pan American Bank of Miami signed both by Olympia M. Letterman, Vice -President. The first letter that was written on March 6, 1986 states the following: "This letter is being written at the request of our customer Casino Espanol de la Habana, Inc., who estab- lished two checking accounts with our bank on February 4, 1984 and May 30, 1984, both accounts showing a total balance of twenty-nine thousand six hundred sixty-six dollars and seventy cents as of this date." Apparently from this letter both accounts are under the name of Casino Espanol de la Habana, Inc. Now, the other letter is quite different, the one for the hundred thousand dollars. It says this letter and it's also dated March 6, 1986. "This letter is being written at the request of Mr. Segundo Fernandez, presi- dent of Casino Espanol de la Habana and one of our most valuable customers. -- I think she likes you. ---On October 26, 1983, Mr. Fernandez, established a certificate of deposit in the amount of a hundred thousand dollars." It says Mr. Fernandez, at no time does it say here Casino Espanol. Now, you know, we have to draw the line of, you know, where does the responsibility fall on Casino Espanol and where does it fall on Mr. Fernandez, personally. ' Ms. Fernandez: Mr. Carollo... 7 Mayor Suarez: Counselor, how do we know that those funds are available for 5 i Casino Espanol for this project? ;4 it i Ms. Fernandez: OK. Mr. Carollo, those funds... i Mr. Carollo: That's not what the letter says, Mr. Mayor. i4 +` Ms. Fernandez: Excuse me. Mayor Suarez: I'm asking counselor to please explain to us how those funds are available for Casino Espanol, if they are. Ms. Fernandez: Those funds were pledged in the RFP proposal by Mr. Fernandez as merely standby funds at the moment that the proposal was submitted. However, the Casino Espanol has obtained financing from a banking institution and I have here a gentleman who can confirm to this Commission that the Casino Espanol has this financing available to it. Mr. Carollos Ok, now, again, I am correct in interpreting what I did in this letter, this hundred thousand dollars in the certificate of deposit of this, a certificate of deposit in your father's name? Mr. Segundo Fernandez: this money, and I am the President of the Casino Espanol. I love the Casino, and I give the money to Casino Espanol, and they will pay as when they will be able to. Mr. Carollo: Great, fine, but then what you should do is, air, in feet, you know, what I'm beginning to think that we have here really is the same problem that we had in the scorning, because now we had a proposal from Casino Espanol, but now you are telling me that it's your money and that you are risking the money. Mr. Segundo Fernandez: No, we don't have the same problem, because here is the banker, and I want to answer you that. Mayor Suarez: Wait, wait, wait. Wait, let Commissioner finish please. Mr. Carollo: I have known a lot of bankers in my time, air. Mr. Morales: Mr. Mayor, can we be heard? Mr. Fernandez: (INAUDIBLE COMMENT). Mayor Suarez: You will be heard, Manny. Mr. Carollo: Very good. Mr. Fernandez: (INAUDIBLE COMMENT). Mr. Carollo: Very good. But the point is sir, that what you have given to me here is a certificate of deposit in your private name. Mr. Fernandez: (INAUDIBLE COMMENT). Mr. Carollo: In your private name. Ms. Fernandez: Sir. Mr. Carollo: Now, that's not what I am requesting here. Ms. Fernandez: Hey, sir, if there is ... if those funds... Mayor Suarez: Counselor, if those funds are available for the building of this project, you ought to transfer the funds to the name of Casino Espanol. 'i Ms. Fernandez: Those funds are available. Those funds will be transferred to the name of the Casino Espanol to satisfy, Commissioner Carollo. Mr. Carollo: If I may ask the distinguished banker that's here to come to the mike, so that he can make any statements that he would like to. Mr. Emilio Lacao: Thank you, distinguished Commissioner. ' Mr. Carollo: Your name and address, sir, for the record. Mayor Suarez: Give us your name and your address for the record. Mr. Carollo: Some address. Mr. Emilio Lacao: My name is Emilio Lecao. I am president for the Interstate Bank of Commerce, and also Financial Director for the Casino Espanol. I have been here... Mr. Carollo: And your home address, sir. Mr. Lecao: Yes. Mr. Carollo: Your home address please. Mr. Lecao: 7890 Southwest 16th Terrace, Miami, Florida 33155. My telephone number? Mr. Carollo: No, sir, just your address. Those are the guidelines that we have established. Id 94 April 22, 1906 Mr. Lacao: The situation...I have been here for eight times or nine times. Every time that I came over here I lose all afternoon, all the morning hear inI problems that Commissioners bring to this Commission, and especially, heard that that piece of land is valued several millions of dollars that cannot be given to any club. Not only Casino Espanol, they cannot give it to the Big Five either, but telling you what I heard about your opinion of that letter, that letter is a commitment letter, signed by an officer of the bank who is entitled to do it and notarized, and you are not willing, or you are not permitted to put in any that kind of letter. But also, I am as a president of a bank, offered more than one time all the money that Casino Espanol need to build that club over there. Mr. Carollo: OK. Fine, sir, but you are... Mr. Lacao: And I am telling you personally in front of the Commissioners, that I think if you convey yourself as a member of the Internal Revenue or some organization, that you are the Credit Bureau, you are looking for more information, you can call me and I will give you all the information in regard of the bank. Mr. Carollo: But sir, you know, it's very nice that you are willing to say that your bank is going to finance whatever they need,... Mr. Lacso: Yes. Mr. Carollo: ... but first of all unless I'm wrong, banks and savings and loans have to guide themselves by certain guidelines established either by the State of Florida or by the Federal Government... Mr. Lacao: Yes. Mr. Carollo:...and whatever loan has to be approved has to go through a board of directors. Am I correct in that sir? Mr. Lacao: No. sir, I have enough limited in my hand to approve any loan in that bank, but besides that point... Mr. Carollo: OK. Well. I guess... Mr. Lacao: Don't explain to me what to do in the bank because I have been forty years in banking, and I know how to approve the loan and I know how to know... Mayor Suarez: OK. You have answered the Commissioner's question. You have answered the Commissioner's question. Mr. Carollo: Well, sir, what I would like for this Commission to have, you know, is not, you know, getting tough with people up here and taking this kind of attitude that I'm seeing, is by personally, if you are saying that your bank will provide whatever loan they need, is to give us a letter in writing in the official bank stationary, notarized stating what amount of money your bank is willing to finance to these people, and to follow all the proper procedures as the law states, and the laws that you are governed by in your bank to follow. Mr. Lacso: I will give you the letter, but the procedure for the loan is of my matter and the bank's matter and not the Commission. Mr. Carollo: Fine, well, what I'm asking, sir, see one thing is to make a statement to something, you are not bound then by making a statement, if you have a letter on your bank's stationary, signed and officially notarized, that's something else. Furthermore, air, you know, what I read here on hundred thousand dollars, this is clear. as day light that this money is Mr. Segundo Fernandez's, it has nothing to do with the Casino Espanol, and this is what this lady wrote here, and you as a banker of all people should know that. Mr. Lacso: Well, yes. you know the...what means an assignment and place a CD to a loan? No. Mr. Carollo: There is no assignment here, sir, no. Id 95 April 22, 1986 Mr. LecaO: Mr. Carollo: ever. 1 1) That's the matter what you are asking for. No, there is nothing here about assignment, sir, nothing whatso- Mr. Lacso: Well, that was... Mayor Suarez: OK. Ms. Fernandez: Mr. Carollo, we will provide... Mayor Suarez: We are really going around and around. Mr. Dawkins: `. Ms. Fernandez: We will provide all of the information... Mr. Dawkins: OK. Let me...we have passed it, and let me say this to every- body, you got... Mr. Morales: Mr. Mayor.? Mayor Suarez: We haven't passed ... well, we haven't passed anything. We have got... Mr. Carollo: No, no, we haven't passed anything. Mayor Suarez: We have got your motion to accept their proposal and it hasn't been voted on yet. Mr. Dawkins: OK. Well, under discussion then. Mr. Segundo, I think ---no, that's OK counselor ---that this is drawing out into something that we don't need. I would like for your group to get its ... all of its construction permits, the platting and everything in six months, and if you bring it in it will show that you are in good faith and then that we will be on target under the eighteen months, ay,�d if you don't ---we find that in six months you can't do it, I would like for us to revisit it and sit down and see if we can't let the other group have it or whatever the hell we can do. Ms. Fernandez: Mr. Commissioner. we are eager to work with the Commission, to work with the City, to prove to the City that this is a worthwhile project, that this is a responsible group and we are more than happy to accommodate any... Mr. Dawkins: The other group is responsible too. Mr. Plummer: But you can't do it in six months. Ms. Fernandez: Well,... Mr. Dawkins: OK. Mr. Carollo: What I cannot understand is that this is gone on as long as they have stated. They are so upset that its gone on for so long, how come even at this point and time we cannot have clear clarification, clear proof of the financing for this project? Why this Commission cannot have a membership roster like I have here from another organization? Ms. Fernandez: Mr. Commissioner, all of that information was provided with the RFP. You may not be familiar with the proposal itself... Mr. Carollo: Oh, I'm very familiar with it Ma'am, but the information... Ms. Fernandez: No, you may not be in its entirety, sir. Mr. Carollo: Mr. Odio, did they provide a complete list of members with - addresses and membership fees to this City? Mr. Odio: Yes, sir. Id 96 April 22, 1986 Mr. Carollo: OK. When was that provided, sir, and when did we receive copies of that, because my office has never received a copy of that? Mr. Plummers At the time of the bidding. Ms. Kennedy: Neither has mine. Mr. Plummer: That's part of the bidding procedure. Mr. Al Armada: That was part of their proposal package that was submitted in response to the request for proposals. Mr. Carollo: OK. Do you have a copy here, sir? Mr. Armada: Yes, sir, I do. Yes, sir. Mr. Carollo: OK. Can you take it out so I can see it? Mr. Armada: Yes, air. Mr. Carollo: Yes, sir. Ms. Kennedy: And also, for the record let me say, you keep bring up that you have been here nine times. In front of this Commission you have been here only three or two, three at the most. OK. Mr. Plummer: Of the new Commission. Ms. Kennedy: Of this new Commission. Ms. Fernandez: It's the City of Miami still. Mr. Plummer: Mr. Banker? Mr. Banker? Ms. Kennedy: Yes, but different... two different people in here. Mr. Plummer: All of the Big Five would like your phone number and your name, and because I'm sure they are going to be looking to you for the same opportu- nity. Mr. Lacao: Well, let me...can I tell you one thing? I have very good friends at Big Five Club. I don't have anything against Big Five Club. Mr. Plummer: I understand. Mr. Lacao: But I'm defending Casino Espanol. Mr. Plummer: Yes, sir. Mr. Lacao: Really I have got a tremendous friend over there. I have been in Big Five many times in many new years, many parties and many social events and I will continue going to it. I don't want to fight with them. I don't need it. Why? Mr. Plummer: So be it. Mr. Lacao: They are friends of mine. Ms. Kennedy: Let me also say one last thing for discussion that I have to sleep well at night knowing that I have done the best for the City of Miami, and I think that we have failed to pass a proposal that was such much better, then I hate to say your ridiculous offer this afternoon, and I just went the record to show that I think a great travesty has been done. Mayor Suarez: We haven't voted yet. No. Kennedy: For whatever it's worth. Mr. Morales: Where are we? Id 97 April 22, 1906 Mr. Dawkins: Under discussion. Since we are discussing it let me say some- thing. I spoke with both groups. I am impressed with both groups, and I'm sure that had Big Five come to me first, they would no doubt have the land, but Casino came to me first, we sat down, and I gave my word to them that I would support them. and all I have got is my word. So, if I give you my word and I don't stick up to it, then you have elected me falsely. So, regardless of what I ray feel otherwise, I promised Casino Espanol that I would support them when they explained to we what they wanted to do, and that I have done. Now, if that's a travesty against the public, if that's a sin against Cod, I committed it, but I will do it again if I give you my word. Mr. Fernandez: Mr. Dawkins,... Mr, Carollo: If I may ask for the record... Mr. Fernandez:... Casino Espanol. I'm sure of that. Mayor Suarez: Don't add anything to that. Mr. Carollo: What does the categories of your membership for "F" stands for and for "P"? Mayor Suarez: Now. now. Mr. Fernandez: (INAUDIBLE COMMENT). Mayor Suarez: Se hasn't asked about that. Be just asked about the "F" and the OP". Mr. Carollo: I'm not asking about race. I'm talking about the type of... Mr. Plummer: "F" stands for fine and "P" for preferred? Mr. Carollo: OK. So, the "F" is for a family as a whole. The "P" is for personal, individual, one. OK. Now, in as far as your membership dues, if we could get for the record please, where your membership dues are. ( INAUDIBLE COMMENT) . Mr. Morales: Mr. Mayor, can we be heard sometime? Ms. Fernandez: The membership dues are five hundred dollars initial fee and twenty dollars ---is it annually? ---monthly. Twenty dollars monthly fee. Mr. Carollo: OK. So, it's five hundred dollars initial fee and twenty dollars annually. Ms. Fernandez: Annually. No. excuse me, air, monthly. Ms. Kennedy: Monthly. Mr. Carollo: Monthly. Mr. Plummer: Two forty a year. Mr. Carollo: OK. Now, have all these people that have memberships either in family or personal all have paid the initial five hundred dollar fee and pay their twenty dollars a month? Ms. Fernandez: Approximately fifty percent of that list has paid a five hundred dollar initiation fee, but all are monthly dues paying members. Mr. Carollo: In other words, approximately you are saying fifty percent of this list, which is the first time that I have seen its has paid the five hundred dollars initiation fee? The other fifty percent has not, they just pay their twenty dollars monthly fee? Ms. Fernandez: That's correct, yes. 14 98 April 22, 1986 Mr. Carollo: That's correct. OK. What is your total membership? Mr. Fernandez: Around three hundred. Mr. Carollo: OK. Around three hundred. Mr. Fernandez: Around three hundred. No. Fernandez: Three hundred approximately, sir. Mr. Carollo: OK. Is this personal, individuals or including family members? Ms. Fernandez: OK. Three hundred personals, five hundred family, including personals. Mr. Carollo: You say three hundred personal... Ms. Fernandez: Five hundred family, including personal. Mr. Carollo: What percent of your membership lives inside of the City of Miami limits? What I'm seeing here is mainly all Coral Cables, way out there in ... way in South Dade. Ms. Fernandez: I don't think that it's...your representation that mostly Coral Cables is correct, air. Mr. Carollo: Ma'am, I'm reading what I'm seeing here. Ms. Fernandez: You are reading one page, right? Mr. Carollo: No. I'm glancing out loud. I'm asking what percent of your membership... Mayor Suarez: If you can answer, if you can't answer it... Ms. Fernandez: If I...we really don't know what percentage. I can't give you an accurate percentage at this point. sir. Mr. Carollo: OK. I would like to read the membership roster that was just given to me now into the record, if I may. Mayor Suarez: You can place the entire roster on the record without reading. If you want to point out anything... Mr. Carollo: No, no, I want to read this. I want to read this to make sure... Mayor Suarez:...related to it or highlighted or whatever. Mr. Carollo: Make sure that there is no misunderstanding whatsoever in what I have been given here, if I may. Mercedes Zorrilla, she lives at 338 Velarde Ave., Coral Cables. Carlos Manuel Zelacain, he lives at 4140 Southwest 60th Court. Raul Llanes, 2724 Flagler Street. Now, that's City of Miami. Enrique Vares, 15000 Northwest 3rd Avenue. That's not City of Miami either. Benedicto Vilar. 2180 Southwest 19th Terrace, City of Miami. Manuel Vieites, 1654 Southwest 18th Avenue, City of Miami. Juan Valdes—Fauli, Cooper City, Florida. Nicholas Borges, 4400 Southwest 4th Street. Gustavo Valdespino, 135 North Miami Avenue. That's City of Miami if it's a home address. Miguel Angel Ugarte, 8943 Southwest 8th Terrace. That's not City of Miami. Jose Tur, 451 Southeast 5th Street, That's City of Miami, downtown, appears to be a business. Jose de Is Torre, 2743 Northwest 32nd Avenue, City of Miami. Horacio Toledo, 145 Southeast 25th Road, City of Miami. Alberto Sanchez, 1401 Northwest 24th Avenue, City of Miami. Eduardo Sanchez. 9440 Nest Flagler. That's not City of Miami. Alberto Suarez, 177 Ocean Lane Drive. That's not City of Miami. Luis Soler, 2940 Southwest 23rd Terrace, City of Miami. Jorge Suarez Menendez. 1300 Coral May. That's City of Miami and it's a business address. Jorge Solares, 7625 Northwest 54th Street. Don't appear to be in the City either. Arentino Susrez, 1300 Coral May. That's another business address. Inaki Ssizarbitori, 2365 Southwest filth Street, City of Miami. Juan Ssizarbitori, 2752 Southwest 14th Street, That's Miami. Mario Suarez. Key ld 99 April 22, 1906 Biscayne. Mirta Santa Cruz, 1137 Southwest 4th Street, Apt. 4. 'That's right in the heart of Little Havana, Mr. Plummer: Joe. could I stop you for one second? I just hope that you are not going to read the one from the Big Five. That's fifty-six hundred right? Mr. Carollo: No, no, that's fourteen hundred family. J. L. You know, the...you know, what I finde you knowq extremely interesting is, that a lot of the names that I an seeing here are in some of the poorest sections, you know, some of the ones that I read of the City of Miami where rents go for like two hundred dollars a month on some of these apartments, three hundred dollars or so, you know, it's good that, you know, there is such strong believers in this organization and they are willing to put five hundred dollars Mr. Plummer: I understand your point. Mr. Carollo: ... of their money up front and twenty dollars a month every month. Is the maker of the motion around here any where? Here we got Miami Springs... Mr. Plummer: Where is Dawkins? Mayor Suarez: Commissioner Dawkins? Mr. Dawkins: No. I don't live in Miami Springs. Mr. Carollo: I hope not, Miller. Miller, would you be willing to include in your motion that the motion is based upon at least seventy-five percent of this membership roster being accurate, and that the information that they provided to us here, that at least half of that membership has paid five hundred dollars initiation fee, but all of them are paying twenty dollars a month? Mr. Dawkins: Madam City Attorney, can I do that legally? Ms. Dougherty: You can require that the Manager confirm the accuracy of the information provided "yes". Mr. Carollo: Well, that's what we are saying, but the motion that will be based upon that, that the information is accurate, based upon the information that they have given us, names and addresses, and that all those individuals have either paid five hundred dollars initiation fee and are paying twenty dollars every month, or at least they are paying twenty dollars every month. OK. Miller. All right. Ms. Fernandez: May I make an observation please. Mayor Suarez: Counselor make your observation very quickly please. Ms. Fernandez: I think that all the City Manager has to verify is that the Casino Espanol is a responsible bidder, that it does not discriminate under City laws, and any other low that the City of Miami requires that Casino Espanol to follow. Mayor Suarez: Well, the Commission has a ---certainly has the right to build into a motion that the information you are giving us is substantially accu- rate. Ms. Fernandez: No, question about it. Mayor Suarez: And that is. I think... Ms. Fernandez: And we welcome any... Mayor Suarez:...the tenor of the proposal by Commissioner Carollo... No. Fernandez; OK. Mayor Suarez: ... and he is asking Commissioner Dawkins if he will accept that amendment. ld 100 April 22, 1986 Mr. Carollo: Yes, Commissioner Dawkins has accepted the amendment that the membership roster will be proven to be accurate as described by the represen- tatives of Casino Espanol, that have... Mayor Suarez: OK. We are talking about substantially accurate, right? You first said seventy-five percent. Mr. Carollo: Substantially accurate, of course. Ms. Kennedy: I'm sorry, I was out of the room for a second, can you repeat your motion? Mayor Suarez: He is requiring the additional proviso that the City Manager ascertain that this membership list and all the other information provided by the proposed tenant be substantially accurate information. Mr. Carollo: And Commissioner Dawkins has been willing to amend his motion to that, and that they have to come back with, you said, all the permits and everything in six months? Ms. Dougherty: Ask him. Mr. Plummer: Well, I have got a problem with that, Joe, because let me tell you... Mr. Carollo: That's what Dawkins said. Mr. Plummer: OK. Well, I'm saying I have a problem with it. OK? And my problem with it is is that I can almost assure you that you will not get the permits in six months. You have to go through, I think something like fifty agencies. You have State agencies. I will tell you what I think is fair, as long as they file their application for permits within thirty days, and that they must draw a building permit six months after the final determination of all agencies requiring permitting. I think that's fair. OK. But under no circumstances can you go beyond the eighteen months. OK? i Ms. Fernandez: Eighteen months which we discussed previously. Mr. Odio: Can I ask a question please sir? If they don't get a permit to build... Mr. Plummer: Yes. Mr. Odio:...from the environmentalist after ---in six months... Mr. Plummer: It's over. Mr. Odio: Six months, six months. Mr. Plummer: Right. Mr. Odio: It takes them seven ... you mean that's over? Mr. Plummer: If they cannot get a permit they must ... here is what I feel is fair. They must file for their necessary permits within thirty days after today. Mr. Odio: Yes, sir. Mr. Plummer: They must start a building permit ---take out a building permit six months after the last agency has ruled. At no circumstances can it go beyond eighteen months. Now, if in fact, they are denied, if they are denied their permits as far as I'm concerned that ends it. That ends it. Mr. Odio: OK. Mr. Dawkins: I will accept... ld 101 April 22, 1906 W W Mr. Plummer: I mean, you know, if that's in the seventh month or the third month or the fourth month, that their application is denied that in effect says they can't build, it's all over. Mr. Odio: OK, I just... Mr. Dawkins: I will accept that. Mr. Plummer: Well, I think that's only fair. Ms. Kennedy: Let me also... Mr. Plummer: Mow, let me put one other thing on the record. OK, because you know, when they start writing I want them to have the full record. This City Commission according to the contract that was negotiated, has absolute control over what you can put on that property. In other words, what I'm saying is if we are going to ever exercise the option of a buy back, I am not going to let you go over there and put up a five million dollar building, so that we could never even for a public purpose buy it back. You are going to go over there in my estimation, you are going to build something reasonable, something nice and something aesthetically pleasing. Mr. Carollo: How about the parking Mr. Odio, what is the situation over there? Mr. Plummer: They have got to provide it on the parcel. Mr. Odio: The parking, they have to meet the zoning requirements of so many parking spaces per... Mr. Plummer: Exactly. Mr. Odio:...people allowed inside the building. Ms. Kennedy: Let me also say something... Mr. Odio: So, they have to design the... Oh, I'm sorry. Ms. Kennedy: I seem to recall that you proposed to open this property to inner city kids to use during the week. I would like to propose that your lease includes a proviso that your failure to do so is a violation of this lease and then it reverts back to the City, and I'm doing this Commissioner Dawkins, to make sure that they keep their word to bring inner city kids, both Hispanics and Blacks, to use private properties. Mr. Carollo: And they should start doing that immediately, providing the rowing classes and everything else. Ms. Kennedy: Commissioners, the proposal speaks for itself. We will make the property ---the Casino Espanol will make the property available to those schools that wish to use the property during the week. That is what the proposal calls for, and it's in black and white. Ms. Kennedy: All right, that's what I want, to see it in black and white. Mayor Suarez: OK. We have a motion with many modifications and maybe one more. Mr. Plummer: All right, hold up. Wait a minute, I got one...Wait a minute, I want one other clarification. Mr. Odio: And I have another one, sir. Mr. Plummer: We had how many? I can't remember the contract. There were "X" number of days a year that the City got to use the club free of charge. What is it with the Rowing club? Six? Or twelve days? Mr. Odio: There were no specific days on the Miami Rowing Club when it was passed to provide any free days, but they are providing daily use of the club for the inner city kids. ld 102 April 22, 1986 Mr. Plummer: All right, I would like...I don't think you are right, Cesar. Mr. Odio: No, sir, I'm right on that Commissioner. Mr, Plummer: Seems like we have six days a year that we can use the Rowing Club. Mr. Odio: No, it's the American Barge Club that has the six days. Mr. Plummer: OK. Then it's only fair that that be applied here. We will not use crucial dates, such as New Years Eve or Easter or any of those crucial dates, but we have the right to use your facility, the City, six days out of every year. OK. Ms. Fernandez: That's understood. Mr. Plummer: Excuse me. Ms. Fernandez: I don't recall it being on the contract... Mr. Plummer: Well, I'm telling you it is now. Ms. Fernandez:... but if it is, that's understood. Mr. Plummer: OK. Madam City Attorney, did you get that? Mr. Odio: I'm very familiar with the property. They also have agreed to provide access road to their property that will not be through the Marine Stadium property. Mr. Plummer: Either that or swim. Mr. Dawkins: And -it will not hurt the mangoes. Ms. Fernandez: That's correct and it was also spoken at the time that in the meantime, while construction is underway, that we would have access to the site in the present road until the new access road is completed, and I think that there was no problem with that. Mayor Suarez: Otherwise, you can't build it. Ms. Fernandez: Otherwise, we can't build it. Mayor Suarez: OK. That's the motion with various modifications. Mr. Morales: Mr. Suarez, can any opposition be heard? Mayor Suarez: Counselor, yes, please. Mr. Morales: Mr. Mayor, and Commissioners, I just want to highlight what I think I have heard by way of discussion today regarding the lease that you are considering. We heard from the gentleman, and he indicated that the hundred thousand dollars Mr. Carollo questioned him on was his money, that he intended to lend to the club to be paid back, and then on further inquiry I think there was something else said that that really was the club's money. I don't think that they have ---frankly that they have been candid with you and frankly that they are adequately funded to sustain the property. I think you should consider this... Mayor Suarez: If they can comply with all the other requirements that have been imposed on them today, I guarantee you they will be adequately funded, Manny. Mr. Morales: I understand that, but you are considering a lease now that at least I understand the general consensus, is that it was not obtained by an RFP that was published with the norm that the City does it. In other words, it was placed in small print in the obituary section, and in light of a clearly higher... ld 103 April 22, 1906 Mr. Plummer: Well, wait a minute, you know, I have heard that four times now, and I have got to ... Madam City Clerk, it is your responsibility... Mr. Odio: It was done according to the law. Mr. Plummer:...to advertise that... Mr. Morales: I understand it was done according to law. Mr. Plummer: Excuse me. Mr. Morales: I understand it was done according to law. Mr. Plummer: Well, then, you know, please don't pull the crab back in the bucket, OK? Mr. Morales: I understand that Commissioner and I'm... Mr. Plummer: OK. Now, you know,... Mayor Suarez: You are rehatching the record at this point Manny. If there is anything else you want to highlight... Mr. Plummer: They have done it legally, what else do you want? You want a full page on the front page of the Miami Herald? Mr. Morales: No, sir, but I think that Mr. Carollo pointed out that that's not normally the way it's done, and the reason we didn't know about it is because it was not adequately published, at least we didn't read it. Mayor Suarez: There is a good argument that all City notices are not suffi- ciently published, believe me, but go ahead. Mr. Plummer: You know, you are going to really get me irritated here in a minute, you really are and I'm going to tell the truth. Now, you want the truth just keep on because I'm going to tell it like it is. Mr. Morales: I won't say anything else about the obituary section. Mr. Plummer: Well, no that's not my point. My point is that we have almost told you Big Five, that you are going to have a piece of property over there as you did before. Mr. Morales: I appreciate that Commissioner. Mr. Plummer: OK. Now, let's get along and let's try to accommodate every- body, and just like we are going to help the Cancer, the League of Cancer, we have got legal ways of doing things and I can almost assure you that if you want to pursue this time that that piece of property, I think, will be made available. I can't sit here and guarantee it to you, but let me tell you, I got just ... I got more friends in the Big Five than I do in this club over here, a lot more. OK. And I'm going to tell you that your club in my estima- tion serves a public purpose and as such has every right to be on that parcel over there, and if it's within the realm of this Commission to do such. I'm going to vote that way. I want to tell you that right now. So, let's don't be selfish, let's just hope, and abide in good faith, and I'm going to do the same. Mr. Carollo: OK. Miller, if I may, if you could withdraw your motion for one second, I would like to bring another one up that's ... J. L.? Mr. Plummer: Yes, air. Mr. Carollo: If you could withdraw your second for a second, I would like to bring a motion up that is not going to affect this at all, but that I think needs to placed on record for the future. Mr. Plummer: Well, let me hear it and then we will decide that. Id 104 April 22, 1906 Mr. Carollo: OK. It's a resolution instructing the City Attorney to begin drafting for City Commission approval, a Charter Amendment for submission to the electorate this Fall that would prohibit any lease of City owned property unless following a minimum of ninety days during which proposals shall have been solicited through newspaper advertisements. There had been at least three written proposals received from perspective lessees, but if there are less than three such proposals and the City Commission determines that the contemplated lease would be in the City's best interest then, subject to approval of the electorate at a referendum the lease could be approved. Mayor Suarez: Wait a minute, you are instructing the City Attorney to draft something to that affect, or are you asking this Commission today to vote on putting that on the ballot in... Mr. Carollo: I'm asking the City Attorney to draft something to that affect, and then come back to the City Commission for final approval. Mayor Suarez: Oh. Mr. Carollo: Well, actually, it won't be a final approval because it would have to be read twice in order to place it for a charter amendment. Do you all need for me to read it again so that... Mayor Suarez: You can do that by memorandum to the City Attorney any time, but there is no... Mr. Carollo: No, no, I would like to bring it to a vote before this Commis- sion. Mayor Suarez: No, problem. No, problem. Mr. Plummer: As far as I'm concerned, I will vote on that after I vote on the motion on the floor. Mr. Carollo: Mayor Suarez: We have a motion and a second, any further discussion? Mr. Plummer: As amended. Mayor Suarez: As many times amended, please call the roll. Mr. Carollo: the past. Roll call, Mr. Carollo? Mr. Plummer? for the reasons that I have stated Mr. Plummer: Excuse me, may you stop the roll call, the City Attorney would like to read into the record those amendments which she has as part of the amendment. Mayor Suarez: Please do so. Ms. Dougherty: The applications for all building permits and environmental permits have to be submitted within thirty days ... they must... Mr. Plummer: No, have to be filed. Ms. Dougherty: Have to be filed within thirty days. A building permit must be taken out within six months after the last permitting agency has ruled on their applications. There must be complete construction of the facility within eighteen months. Mr. Plummer: No, no, they must draw a building permit within eighteen months. Ms. Fernandez: April 22, 1986 V V Ms. Dougherty: OK. Termination... the lease will be terminated if any of the applications for permits are denied by any of the environmental permitting agencies. Mr. Plummer: Correct. Ms. Dougherty: Submissions by the applicant must be substantially accurate as determined by the City Manager. City Commission will have complete control over what's built on the property and must approve it. Inner city children, Black and Hispanic must be...the facility must be open to inner city children, both Blacks and Hispanics. The City can use the property for six days during every given year. However, no crucial dates will be used. They must provide access roads to the facility, but not through the Marine Stadium, and those are the amendments I have. Ms. Fernandez: Just a point. I have been asked by some of the responsible members of the Casino, if instead of the thirty day period to file the permit applications if they could have sixty days from today? Mr. Plummer: Well, I would have to ask somebody on staff. Is thirty days reasonable to file permits or is it not? Mr. Odio: The truth? Mr. Plummer: Yes. Mr. Odio: No. Mr. Plummer: Is sixty days more reasonable? Mr. Odio: Provided how... Mr. Plummer: To file. Not for an answer, but to file their applications? Mr. Odio: I don't know what they have prepared. If they have... Ms. Fernandez: I have been requested that sixty days would... Mr. Plummer: I have no problem with sixty days, but you would have to start the roll call over. Mr. Odio: No, you need to add the rent into this. Ms. Dougherty: Also there is a five thousand dollar renting. Mr. Plummer: Plus two -and -a -half percent of gross, whichever is greater. Ms. Fernandez: Right. Mr. Plummer: To the make ... where is the maker of the motion? Mayor Suarez: Commissioner Dawkins, there is one more... Mr. Plummer: Do you have any objections to giving them sixty days to file their permits? I don't. All right, so make it sixty days in which they must file all necessary permits. They have six months within ---after the last permitting agency has ruled. Mr. Odio: Has ruled. Mr. Plummer: They have eighteen months to draw a building permit, and if any agency during that period rejects their application, the City ---the property reverts back to the City free and clear. Excuse me, do I need to put in there that all of this process is to be paid by them? Or is that in the already negotiated lease? Mr. Odio: No, that's in there. Mr. Plummer: It's already there? Id 106 April 22, 1986 Mr. Odio: That's at their cost. Mr. Plummer: You accept that counselor, that its there. Ms. Fernandez: It's there. Mr. Plummer: OK. Ms. Fernandez: It's no question that this is not the City's responsibility. Mr. Morales: Could...Mr. Mayor? Ms. Fernandez: Another point about the availability of the club for inner city children, that is in the RFP already. Mr. Plummer: Fine. Mayor Suarez: Fine, but you don't have to state that if it's already in there. Mr. Plummer: OK. Ms. Fernandez: That's my point. Mayor Suarez: We are in the midst of a roll call. There has been two or three modifications made after the initial roll call. Let's start again with... Mr. Carollo: Commissioner Plummer,... Mr. Morales: Mr. Mayor? Mr. Carollo: ... We almost forgot, I'm glad you stopped at the roll call when you did to clarify that. If I recollect, one of the areas that we talked about including in there would be a letter from the distinguished banker that offered a line of credit to them for the loan. Mr. Plummer: Sure. He offered it, why not. Mr. Carollo: Yes, if that would be included in there for the amount... Mr. Plummer: For whatever he will cover, whatever they are going to build. Mr. Carollo: Yes, whatever they are going to build, that he would cover it. Mr. Plummer: No amount? What bank are you with? Mayor Suarez% If this is in the form of a clarification, yes, counselor. Mr. Morales: Yes. Yes and could we add that if Casino Espanol fails to meet any of the requirements, immediately gonna reverts back to the City, immedi- ately goes back for a RFP. Mayor Suarez: That will happen assuming... Mr. Plummer: No, you cannot include that in this motion. Mayor Suarez: Yes, you cannot include that, but that will happen assuming one of these Commissioners wants to have the matter put out for RFPs' again. I guarantee you. Mr. Carollo: OK. If I may counselor, how much do you all intend to spend in construction there? Mayor Suarez: What is your estimate? You gave one once. Ms. Fernandez: In the range of a hundred eighty to two hundred thousand. Mr. Carollo: Two hundred thousand? OK. That letter of credit would specify at least two hundred thousand dollars. Id 107 April 22, 1986 Ell Mr. Plummer: Fine, I have no problem with that, because you can't build it for two hundred thousand. Mr. Carollo: Well, you know, it's... Mr. Plummer: No way. Even the Rowing Club, Joe, where everybody as members of the club donated the materials, I guarantee you they got over two hundred thousand dollars. Mr. Carollo: Well, what do you think is a legitimate amount? Mr. Plummer: Well. hey, Joe, I'm agreeable with you that the letter of credit written by the president of the bank shall not be less than two hundred thousand. Mr. Carollo: Let me ask you this. What do you think is the actual cost it would take to construct something there? Mr. Plummer: Joe, I really don't know. I really don't, but hey... Mr. Carollo: You think it would be three hundred thousand? Mayor Suarez: Well, you have established the minimum requirement of two hundred thousand dollars, you can't... Mr. Plummer: I think that to establish that the letter of credit issued by the bank, offered by the president, that the letter of credit will be no less than two hundred thousand is reasonable. Mr. Carollo: With such terms as that it would have to stand at least for the eighteen months... Mr. Plummer: Oh, no question. Mr. Carollo: ... as subscribed in the resolution, and if they do get their permit in after eighteen months, then it would stand until they finally finish construction. Mr. Plummer: No, question about that. Mr. Carollo: OK. Madam City Attorney, are you taking notes of the additions that are being made to the resolution? Mayor Suarez: Commissioner, who was the mover? Was it you or was it Commis- sioner Dawkins that moved? Mr. Carollo: Commissioner Dawkins. Mr. Plummer: Dawkins moved it, I seconded. Mayor Suarez: Commissioner Dawkins, do you accept the proposed amendments, it seems to be... Mr. Dawkins: Who made the amendments? Mr. Carollo: Plummer and myself. Mayor Suarez:... Commissioner Carollo, but the consensus is that they be... Mr. Dawkins: Yes, yes, yes. Mayor Suarez: Thank you. Call the roll please. Id 108 April 22, 1986 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-300 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT, FOR AN APPROXIMATE FIFTEEN -YEAR PERIOD TERMINATING ON DECEMBER 1, 2000, WITH CASINO ESPANOL DE LA HABANA, INC., A NON-PROFIT CORPORATION, FOR A LEASE OF APPROXIMATELY 30,000 SQUARE FEET OF LAND, SITUATED ON THE NORTHEASTERLY CORNER OF THE MARINE STADIUM COMPLEX, AT A MINIMUM ANNUAL BASE RENT OF $3,0O0 OR 2.5% OF ALL GROSS RECEIPTS FROM SUCH ACTIVITIES AS MAY BE APPROVED BY THE CITY MANAGER PURSUANT TO THE LEASE AGREEMENT, EXCLUDING MEMBERSHIP FEES OR CONTRIBUTIONS, WHICHEVER IS GREATER. (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 J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner Rosario Kennedy ABSENT: None. 9. DENY PROPOSED ORDINANCE PROVIDING FOR SPLIT PAYMENT OF REQUESTED FEES FOR SPECIAL EXCEPTIONS ON PROPERTIES. Mayor Suarez: We are on Item 7. Thank you for your presentations. Mr. Dawkins: I'm going home at 9:00. Mayor Suarez: Yes, we are going to try to close this up between now and 9:00. We are going to move very fast. and I know we have a lot of non -controversial items from here on. We can't have anymore controversial ones in one day. I mean, that ... you know, that would just be... What is Item 7? Mr. Dawkins: Four fifth vote. Ms. Dougherty: This is an emergency ordinance Mr. Mayor, that would split the fees for the cost of a variance for projects over a hundred thousand ---a million square feet in size. In other words, they would have to pay fifty per cent of the variance fee before it's approved and fifty percent after it, if it's approved. And this was thought to make it more easy for the larger projects to locate, particularly in downtown. Mayor Suarez: Oh, I see. Mr. Dawkins: Make it easy for who to locate? Mr. Plummer: I got a real problem with this ordinance. I don't know what you are trying to accomplish, except let a developer off the hook. If he is building a million square feet of development, it just seems like logical to me that he could afford to pay it better than the guy that's building ten square feet. I just don't understand why you would want to let a guy off that's doing a million square foot project. Mr. Odio: You want to explain it Lucia? Y Id 109 April 22, 1986 U Mr. Plummer: No, don't explain it to me. I move to deny. Mayor Suarez: Well, why is this an emergency? Mr. Dawkins: Second. Mayor Suarez: Well, it wasn't going to pass anyhow, but I can't even... Mr. Plummer: Well, I will tell you ... don't ask me why, I will tell you off the record. Mr. Dawkins: Second. Mayor Suarez: OK. Is it related at all to Mr. Worth? Mr. Odio: Yes. Mayor Suarez: Well, it's not going to fly, I can see that right now. You have made a motion to deny? Mr. Plummer: I move to deny. Mr. Dawkins: Second. Mr. Odio: Fine. We tried. Mayor Suarez: Moved and seconded, any discussion from the Commission? Please call the roll on Item 7, moved to deny. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-301 A MOTION TO DENY PROPOSED EMERGENCY ORDINANCE PROVID- ING FOR A SPLIT PAYMENT BASIS FOR PAYMENT OF REQUESTED FEES FOR VARIANCES AND SPECIAL EXCEPTIONS ON PROPER- TIES OF 1,000,000 SQUARE FEET OF FLOOR AREA OR MORE IN SIZE. 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. 10. SECOND READING ORD: CORRECTION OF SCRIVENER'S ERROR OF 2601 SOUTHWEST 28TH STREET ZONING ATLAS. Mayor Suarez: Item S. Ms. Kennedy: Move S. Mayor Suarez: It's been moved, do we have a second? Scrivener's error ordinance. Please give me a second. Mr. Carollo: Second. Id 110 April 22, 1986 Mayor Suarez: Thank you. Moved and seconded, any further discussion from the Commission? Please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CORRECTING A SCRIVENER'S ERROR AFFECTING PROPERTY LOCATED AT APPROXIMATELY 2601 SOUTHWEST 28TH STREET, MIAMI. FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), BY INCLUDING THE APPLICATION OF THE SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT OMITTED IN ORDINANCE NO. 10074, JANUARY 23, 1986; AND CONFIRM- ING ITS REZONING FROM RS-2/2 ONE FAMILY DETACHED RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNI- TY) AND APPLYING THE SPI -3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT ORDAINED BY ORDINANCE NO. 10074, JANUARY 23. 1986; 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. Passed on its first reading by title at the meeting of March 18, 1986. was taken up for its second and final reading by title and adoption. On motion of Commissioner Kennedy, seconded by Commissioner Carollo. the Ordi- nance 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. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10099. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. Ms. Hirai: For the record, Commissioner Carollo vote "yes." 11. SECOND READING ORD: REGULATIONS FOR NON -MOTORIZED VEHICLES FOR HIRE. Mayor Suarez: Item 9, I believe has been ---hasn't a compromise been hammered out on this ordinance on non -motorized for hire vehicle? Mr. Odio: Yes, those are the... Mr. Clark: Mr. Mayor, at the Commission meeting of March 27th you wanted to take out the requirement for chauffeurs permits which we did, you also wanted to eliminate jail time for the first offense, which we have done. Since that time we combined... Mayor Suarez: Hard labor I think is what was in there. Mr. Kennedy: Hard labor. ld ill April 22, 1986 Olk O Mr. Clark: Hard labor. Since that time we have also condensed or consolidat- ed those nineteen sections into six sections. We have had some provisions for the changing of routes and appeal procedures set in, and I would also like to tell you at 12 noon today I received a phone call from Mr. Chi, who is here and at his request we have added some changes and made some changes. The Police Department is also here. They have been notified. Now, if you want me to go through with the... Mr. Plummer: Yes, you haven't addressed the problem that I had and that is the hours of operation, especially, on Friday and Saturday and Sunday night, where they are disruptive to the already disruptive traffic. Mr. Clark: That is going to be part of their application that they submit when they propose to operate. This will be submitted in their application. Mr. Plummer: No, no, we are making the law. Now, I would like to see the law read that on Friday night sun down to Saturday morning sun up, and from Saturday night sun down until Sunday morning sun up, they are prohibited on the streets of Coconut Grove. They can go some where else where there is not the real traffic congestion, but I would like to see that built in so it's not discretionary. I just...you know, you have got to go down there, and I was down there the other night and he was doing his annex backwards and flip- ping... Mr. Tom Chi: Thank you. Mr. Plummer: You are very good, I got to tell you. Mr. Chi: Thank you. Mr. Plummer: But I just have to say that we are now putting forty-two police- man down on the streets of Coconut Grove on Friday night and Saturday night to address the traffic problem. I think it is absolutely crazy to have to do that, but it's obviously mandatory. Mr. Dawkins: And forty-two on sixty... Mr. Plummer: Don't further congest the streets. Mr. Dawkins: And forty-two on 60th street to control the drugs. Mr. Plummer: Hey, let him on Friday and Saturday night go on Martin Luther King Boulevard, that's fine. Mr. Tom Chi: May I address you now, sir? Mr. Plummer: Sure. Mr. Dawkins: No, buddy, they will take everything you have got, your rickshaw and you. Mr. Tom Chi: If they like us in Liberty City, we will go to Liberty City. Mayor Suarez: What was that Tom? Mr. Chi: We don't discriminate in Liberty City. Mr. Dawkins: No, no. Yes, but don't ... but take my advise, don't go. Mr. Plummer: I haven't seen a rickshaw up there, I will tell you that. Mr. Chi: Tom Chi, 5943 Southwest 60th Street. You got my address? Chi, 5943 Southwest 60th Street. We have not had forty-two officers in the Grove since last summer when they were brought out there on an overkill to try and make up for all the political pressure on the Police Department to contain the problem at 37th and Grand, and fortunately,... Mayor Suarez: Please don't get into political pressure, that can be... ld 112 April 22, 1986 Mr. Chi: OK. Unfortunately, there was no crime rate to sustain the need for that many officers, but there was a need by one of the local restaurateurs... Mr. Dawkins: Pardon me, sir. What are your most profitable days? Mr. Chi: Friday night and Saturday night. Those are the nights that we operate without causing any traffic problems whatsoever with the total support of the public, and as far as I know we have had about three or four citations issued in the past almost three years of operating there, and I'm sure if we are such a major problem down there that Colonel Vincent would have had numerous citations and arrests and everything. Mr. Plummer: All right...OK. Now, here I will tell you what I will do, I will abide by his answer. Colonel Vincent? Ms. Kennedy: Yes, I was just going to suggest that. Let's see what they have to say. Mr. Plummer: Does the rickshaws create a traffic problem on Friday and Saturday night or they don't? Colonel Vincent: They do Commissioner, and that's why we want an ordinance to regulate them. Mr. Plummer: OK. That's it. I told you, I would abide by his decision. Mr. Chi: Can I ask Colonel Vincent why it is that if we create such a traffic problem, that he gave his permission for us to make turns, that cars were restricted and not allowed to. Can he give us some incidents of how we slow traffic, or what it is that he has ticketed us for? What the reason is that he can use behind this? Because I can appreciate concrete evidence, but not just... Mr. Plummer: Well, you can appreciate concrete evidence, sir, and you cannot stand there with a straight face and tell me that on Friday and Saturday night in Coconut Grove, that those streets are not totally congested. Am I right or am I wrong? Mayor Suarez: Let me...Tom, Tom... Mr. Chi: Was the Commission congested? Mayor Suarez: Let me ask Commissioner Plummer a question, because I'm a little bit mystified by all this. We went through the whole process of making modifications in this ordinance so that the rickshaws could be regulated. Are you now proposing, in effect, to just take them out of business all together? Mr. Plummer: No, sir, I am saying to them that in the Coconut Grove streets no where else, they can go wherever there is no other problems any where in the City of Miami. But Mr. Mayor, you know, and I know that Friday and Saturday nights in Coconut Grove, you can't move, and all I'm saying is... Mr. Chi: Unless you are in a rickshaw. Mayor Suarez: But the rickshaw is one way in which you can move through that traffic a lot of times. Mr. Plummer: No, sir, you can't. want... Mayor Suarez: Well, wait... OK. Now, you know, you all do what you Mr. Plummer:...I'm going to vote my conviction. I think... Mayor Suarez: I understand. I just want to clarify it because I didn't know that we were going to get to this point. I thought the ordinance was supposed to regulate the rickshaws so that we could be sure that they were licensed moral people and all the other requirements we put in there, and that if they committed some kind of violation they would not be punished with whatever it was, six months of hard labor and... Id 113 April 22, 1986 Mr. Plummer: Well, I happen to agree with those amendments were and should be changed. I agree with that. All right. Mr. Mayor, I'm not in anyway trying to do them out of business. OK. They can operate on Friday and Saturday night any where in my estimation that doesn't all ready have tremendously, totally congested streets. They want to operate downtown, they want to operate on Celle Ocho, they want to operate on Flagler Street, fine, I don't want to put them out of business. Mr. Chi: As soon as you put people there. Mayor Suarez: But you have a lot of automobile traffic and the rickshaw is one way of solving the problem of getting across Coconut Grove on those nights. I mean, that would be the whole point of it. Mr. Chi: It might be wise to suggest... Mayor Suarez: Not to say that I would ever take a ride in one of your rick- shaws, the way you jump up and down and all that kind of stuff, but... Mr. Chi: I don't blame you. I would not ride in my own rickshaws, sir, but I do have quite a following. I feel that the big problem we had... Mr. Plummer: Xavier? Xavier, only ... excuse me for one moment. Mr. Chi: Yes, sir. Mr. Plummer: Only Julio Ribull can come out of the Coconut Grove Playhouse and be later to the Four Ambassadors and take a twenty-five dollar trip in a rickshaw from Coconut Grove all the way to the four Ambassadors. Ms. Kennedy: With his business suit and his attache case. Mr. Chi: That was a good price too. Mayor Suarez: Tom, you can cut your losses by hoping that the ordinance as now drafted will pass, but if you want to say something else, that could... Mr. Chi: I would just say, Mr. Plummer, if you will that obviously, there is not forty-two officers in the Grove, so you may be off on some of your other considerations of what's going on there. Also, the Police Department has not done anything... Mayor Suarez: Don't tell him that, he lives in the Grove. He knows it. It's not forty-two officers. Whatever it is it's too many. Go ahead. Mr. Chi: OK. I think eight is probably closer. So, something happened there. Mr. Plummer: Eight? Mr. Chi: I think I'm going to get this out eventually. Yes, eight. Eight is a more accurate number. But ... I don't know, drinking or what... Mr. Plummer: Oh, oh. The City Manager says you are wrong. It's in between. It's twenty-five. Mr. Chi: Twenty-five. I would invite the City Manager to come down sometimes too and also count. Mayor Suarez: Now, you are going to argue with the City Manager? Mr. Chi: I don't want to argue, I would like to finish what I was going to say, if I may. Mayor Suarez: Well, don't argue. Tell us what you were going to say please, Tom. Mr. Chi: Thank you, sir. I appreciate it. I did want to say that there is a traffic problem in the Grove. Mostly there is a lot of developing and not { enough parking, that's the problem. j ld 114 April 22, 1986 Mr. Plummer: Agreed. Mr. Chi: The Police Department, fortunately, took the Planning Department's suggestion, came up with a traffic pattern that works. When the officers are diligent and they have the proper command, we don't have a serious traffic problem in the Grove. It certainly has nothing to do with the rickshaws and we do have a lot of popular support down there and I hope that perhaps someday you too, Mr. Plummer, could join the majority in supporting the rickshaws and we certainly do everything we can to serve the community. Mr. Plummer: I support you a hundred percent, sir...I'm sorry, ninety-eight. Mr. Chi: And we will be out of business if we serve only Liberty City. Mayor Suarez: Do I have a motion from any Commissioner to approve the ordi- nance as drafted? Yes, sir. I'm sorry. You were also asking to be heard? Mr. Mike Bellows: Yes, my name is Mike Bellows. Mayor Suarez: Yes, I have got your little. Mr. Bellows: I live at 330 Catalonia Avenue, Coral Gables. Mayor Suarez: Get a little closer to the mike please. Mr. Bellows: I am the manager of the Rickshaw business in Coconut Grove. I represent the owners and the drivers of the rickshaw company and I, myself am a driver. I don't see first of all, how we can be responsible for the traffic congestion in Coconut Grove. Mayor Suarez: I think we have all agreed there is mostly automobiles there. Go ahead. Not rickshaws. Mr. Bellows: We see and realize that there is a need to regulate and have rules that can benefit both the safety and of the drivers, of the people and to work with the Miami Police Department to make their job a lot easier. If you give the Police Department authority to tell us when we can operate, or if you make a law right now saying that we are not allowed to operate certain hours on Friday night and Saturday night, or any other day of the week, we will be out of business. We will be off the street as soon as this law goes into effect, because eighty percent of our money that we make comes from the weekend business. Mayor Suarez: Well, now I'm confused. Does the proposed ordinance in anyway prohibit them being out there on Friday and Saturday nights, Colonel? Mr. Bellows: No, but what I am addressing is... Mayor Suarez: Commissioner Plummer's suggestion? Mr. Bellows: Right. Mayor Suarez: OK. Mr. Chi: Even that. it gives the Police Department the power to decide. Mr. Plummer: Yes, but Mr. Mayor, let me also bring to your attention, this ordinance as written, not only allows the rickshaws, but you know we also have a company that's interested in putting horse and buggies, OK,... Mr. Chi: Exactly. Mr. Plummer:... which further adds to the congestion and... Mr. Chi: No, they won't go up in that area. Mr. Plummer: They can... Mr. Chi: No, they won't. Id 115 April 22, 1986 E0 Mr. Plummer:... according to this...sir, excuse me, according to this ordinance as proposed they can. Mr. Chi: If the Police Department allows them to. Mayor Suarez: All he is saying is they can. Mr. Odio: And we will. Mayor Suarez: It doesn't mean they will. Mr. Plummer: OK. And furthermore, the City Manager tells me that they can use fowl for a non -motorized, such as ostrich rides. Now,... Mr. Odio: I didn't say that. Mr. Plummer: I didn't say that. Now,... Mayor Suarez: Well, I would love to see that. I would love to see that in the Grove. Wouldn't you like to see that? Is that... Mr. Plummer: Be my guest. Mayor Suarez: That would put us up there with Japan and...Are you basically in favor of the ordinance as drafted now? Mr. Bellows: I totally agree with the ordinance, but what I'm saying is if you are going to ring our necks and try to tell us when we can operate... Mayor Suarez: No, just the ostrich, that's all. Go ahead. Mr. Bellows: You know, I agree with the ordinance as it stands, but if you are going to start adding things in there and telling us when and where we can... Mayor Suarez: So, far nothing has been added. Not even a motion to add anything has been proposed. Mr. Plummer: For the record, Section one, ... excuse me. motorized Vehicle For Hire shall mean a non -motorized animals includes humans, horses and fowls. Mayor Suarez: That's not the right plural is it? Mr. Plummer: F-o-w-1-s. Section one, Non - vehicle. The term Mayor Suarez: Please strike the "a" from that. I think the plural fowl. I maybe wrong. Thank you, Reverend Mr. Plummer: Well, take it out with the City Attorney, she wrote it. Mr. Odio: Is it fowls or fowl? Ms. Dougherty: (BACKGROUND COMMENT INAUDIBLE). Mayor Suarez: There has been a lot of fowls here today, but... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Suarez: If you haven't been here you wouldn't know that. Ms. Kennedy: As long as we are fowls and not fools we are OK. Mr. Ed Bowen: Thank you. Mr. Mayor. My name is Ed Bowen, 4195 Braganza Avenue. I work at 3464 Main Highway, corner of Commodore Plaza and Main Highway seven days a week. They do not have one hundred percent support in the Grove. They have caused problems with people that have called me a lot at A my office and at the Chamber of Commerce office. They park on the sidewalks i there. Are the horses going to be able to park there, that's what I would like to know? i' ld 116 April 22, 1986 A Mr. Chi: It's all addressed in the ordinance if you want to read it Ed. Mr. Bowen: Across the street would be the ideal place. They either do that or they take their parking spots there. They definitely do need to be regu- lated. I hear this from the citizens. I hear it from the homeowners. It's another situation of unregulated people coming into the Grove. and they are there all of the time. Mayor Suarez: But we are moving to regulate it more with this ordinance. Mr. Bowen: Exactly, and we appreciate it. Mr. Odio: We allowed the horses in the loading zones and they have to have shovels. That's the requirement. Mayor Suarez: And pampers. Mr. Bowen: But we fully support the ordinance and the hours would be good. There is an unbelievable problem now from 3:00 on Sunday afternoon until 10:00 at night now. It beats Friday and Saturday nights. That's going to have to be addressed also in the near future. Mr. Chi: Yes, you better be in a rickshaw if you want to move through that. Mr. Bowen: The rickshaws are not the solution, but we are for your ordinance. Mr. Plummer: Well, has anybody moved this ordinance? Mayor Suarez: No, I will entertain a motion. Mr. Plummer: It's on second. Mr. Mayor, I move the ordinance as amended and the amendment would be that they cannot operate ---they, all that addresses here. The horses. The humans, horses, and fowls are prohibited on the streets of downtown ---Central Grove. Is that adequate? SPEAKER UNKNOWN: Central Coconut Grove... Mr. Plummer: Central Coconut Grove district on Friday, from sun down to sun up and Saturday from sun down to sun up, but...well, that would be the amend- ment, and I so move. Mr. Bellows: You will not see anymore rickshaw business in Coconut Grove if that works. Mayor Suarez: Yes, you are killing them with that motion. Mr. Clark: Would you have them define the general border of the Coconut --- Central district. Get them to define that. Mr. Plummer: OR. We can... Mayor Suarez: OR. It's been moved, any second? Ms. Kennedy: I second. Mayor Suarez: Moved and seconded. I'm not going to vote for it, I guarantee you have a but that's life in the big city. We have a motion and we second, any discussion from the Commission? Commissioner Dawkins, the motion would incorporate into the ordinance that they cannot operate rickshaws or any of the other vehicles described in there from sun up to sun down, beginning Friday and ending Saturday. So that would be from... Mr. Plummer: No. no, no. no. They can operate Saturday during the daytime. Mayor Suarez: Right. I see. Each day from sun up to sun down, except for Sunday, I guess and basically, eliminates Friday and Saturday nights, so as far as I can tell, it kills the business. Id 117 April 22, 1986 Mr. Chi: I should probably suggest briefly, that even though Mr. Bowen has said we don't have support, that I did present to this Commission, the last time I was here, a signed list from all of the shop owners in the Grove, excepting three, which was, there was over 80 names on that, and I am just talking about in the three blocks that we run, every single one of them supporting rickshaws. I should also suggest that Mr. Bowen is speaking as the president of the Chamber of Commerce, and he is not representing the business- es in the Grove, because they don't belong to the Chamber of Commerce. We do have the overall support, and it will definitely be a sad, sad, thing and most of the City of Miami will be very disappointed if that passes. Mayor Suarez: In other words, what concerns me is that it seems to me that we are moving in the direction of regulating your business, and now we are just going to kill it. I don't understand it, and I don't know the people had adequate notice that that is what we are about to do today, but such is life. Mr. Carollo: Well, Xavier, why don't you go for a ride out with them, you a know, so you can see what Commissioner Plummer and some of the rest of us are talking about. You would give him a tour over there, wouldn't you? Mr. Chi: Pardon me? Mr. Carollo: You would give him a tour on a weekend night, wouldn't you? L Mr. Chi: Of course I would. I think he might prefer the romantic tour, but Qr. you know. I don't think Mr. Plummer was saying he didn't like my job; in fact, t ; I think that he complimented me on what I do. I think he was talking about the traffic situation... Mr. Carollo: Right. Mr. Chi:... as to whether we affect traffic. Obviously, traffic does not move in the Grove, and we move at five to seven miles per hour, so since that can't be debated, you can ask the Planning Department, and I am sure they would be happy to stand up and say that, and I think you have got really address the issue, do we, or do we not congest Grove. The answer is obviously not. Anyone who is informed cannot disagree. Anyone who is not informed will disagree ignorantly. Mr. Plummer: Well, I take exception that Colonel Vincent is not informed. Colonel Vincent has said in his estimation it does add to the congestion, and I would stand on that record, sir, much better than I would stand on yours. Mr. Chi: I think that, when they pull cars over in the middle of the road and ticket them, that adds to the congestion. Mr. Dawkins: I call the question. Mayor Suarez: Yes, don't argue with him, it is not going to help at this particular point. Any further discussion from the Commission? Anyone from the general public wish to be heard on this item? Briefly, sir? Your name one more time please, Dave. Mr. David Strong: David Strong, 2321 Trapp Avenue. I think there are too many things happening to downgrade some of the people things that we have in the Grove. The problem is not the rickshaws, it is the traffic. You get these people coming down Friday, Saturday and Sunday nights, and just going round and round in circles in the Grove and creating God knows what conges- tion. We have seen it week after week after week through the whole year, and I think the problem is not the rickshaws. Mr. Plummer: How about horse and buggy? Mr. Strong: Horse and buggies are fine. I live in Colorado part of the year, and we have horse and buggies out there. Mr. Plummer: But, you didn't have Coconut Grove in Colorado. Mr. Strong: Well, there's plenty of room for it. 4 ld 118 April 22, 1986 i Mr. Plummer: How right you are! Mr. Chi: Mr. Mayor, if you pass this with the amendment, is that final? Mr. Plummer: 30 days from today. Mr. Chi: Because I would say, if you feel inclined to pass it, then perhaps you should open it up to another hearing where we can have the numerous people who would disagree with you, and perhaps you want to follow the desires of the constituents, rather then perhaps to act on a whim. s; Mayor Suarez: That view has been expressed. Did you want to say something? �x'�zrn Ms. Hendy Diamond: I am Hendy Diamond. I am a complete impartial observer ,.,.., to the scene. I live in Coconut Grove, and I think all of you have missed one angle. I am writer. You have missed the tourism angle. The rickshaws make it extremely attractive for people that come in on the weekend to get a ride. I just came back from New York and saw the horse and buggies going around New York, and you can't find a busier traffic area than there, and I think you should think a little bit about the attractiveness of having a rickshaw in the $ Grove. I live here, but I don't go on those streets on the weekends, but that doesn't mean the tourists don't come in, and I think we shouldn't forget that. Mayor Suarez: Thank you for your comments. Mrs. Kennedy: Let me just say for the record that I did address that issue when this passed on first reading. I love it. I think it is very romantic. It does great for the tourists, and I hope one day that we can see it in the Latin Quarter when we have one built. Mr. Plummer; So do I. Mr. Dawkins: You want this one to go there, hey, J. L.? Mrs. Kennedy: Yes. Mayor Suarez: OK, the motion would pass the ordinance with the amendment that would in effect, prohibit the use of these vehicles on Fridays and Saturday nights, I believe. It has been moved and seconded. Please call the roll. Mr. Bob Clark: The record should reflect that on page seven, section 3.A.(2), the sentence now reads, "Licenses covering human powered vehicles issued under the provisions of City Code Chapter 31 to operators shall be applicable within all ar- eas..." We are going to substitute the word "certain" for the word "all". Mr. Dawkins: Under discussion, Mr. Mayor. Mayor Suarez: Commissioner? Mr. Dawkins: I think that this is going to kill the business, but I have to abide by the decision of the professionals which we pay, but in 30 days, Colonel, I want you to come back and show me where the traffic jam has been eliminated because we eliminated the rickshaws. Now, if you do not show me that, then I am going to be voting to put the rickshaws back out there Satur- days and Sundays. Mr. Chi: Mr. Dawkins, if you kill the rickshaws this time, you will kill the rickshaws. Do not expect us... Mr. Dawkins: Then, we will get some other people who want rickshaws, sir. Mr. Chi: They were here before twice, and each time, they went out of busi- ness. Mr. Dawkins: Well, we haven't had no Latin and Blacks out there, maybe we'll make them rickshaws. { 14 119 April. 22, 1986 Mayor Suarez: Tom, the ordinance doesn't even take effect for 30 days. Mr. Chi: OK, we also have a license that goes through September, I believe. Are you going to rescind that, too? Mr. Dawkins: No. Mr. Chi: OK, so then, we will still be out there. We have been there for almost three years now. Mayor Suarez: Not so clear, but depends upon whether it passes or not. Mr. Chi: We have been there for almost three years now, and if the Colonel can just show me at any time they had to physically remove us from the streets, or issue citations, or anything to back up what he is saying nowt Mr. Dawkins: We can understand your concern, OK? This is your livelihood. You have to fight for your livelihood. I wouldn't respect you if you didn't, OK? We pay him to protect other people's livelihoods, OK? So now, you are going to make your point as strongly as you can, so we expect that. OK, but you keep telling me the same thing over, which I know that you want to protect your job. So, we have already made up our minds how we are going to vote. Mr. Chi: It is not my job. I have... you would believe that the income from r this is very minimal. I have another job that I make quadruple this income. I would only suggest to you that if he wants to protect everybody's rights, then perhaps he could explain to the Commission... Mayor Suarez: Let's just clarify the legal point. What about existing permits that don't expire until a certain date, Bob? Mr. Clark: The language reads, "It is further intended that this ordinance shall not apply to persons or firms who are engaging in businesses that are contemplated to be regulat- ed hereunder; and who are holding an occupational license for the current license year." Mayor Suarez: So that means that you will be able to operate until the end of that permit. In the meantime, you are going to get a report back from Colonel Vincent within 30 days, according... Mr. Chi: Well, the 30 days would be only if we were off the street, is that not correct? Mr. Plummer: You are grandfathered - grandfathered under the permit. Mr. Chi: OK, so then, his report would not reflect anything, because we wouldn't be off the street. Mayor Suarez: That is an interesting pointl Mr. Dawkins: Yes, it is. Veryl Mr. Clark: The final language in this would read. in that same sentence in section 3.A.(2). "There shall be no operation of such vehicles between the hours of sun- down and sunup on Friday and on Saturday in the Central Coconut Grove District, which is bounded on the West by McDonald, and the East by Mary Street and Bayshore and on the North by Grand Avenue and on the South by Main Highway." Mr. Chi: And I didn't bring any supporters today, but maybe just by a show of support, we could find out whether the folks think that... Mayor Suarez: They showed... Mr. Chi: Shall we be in the Grove on Friday and Saturday nights, or not? jC i ld 120 April 22, 1986 i (APPLAUSE FROM AUDIENCE) Mayor Suarez: They showed itt Mr. Chi: I didn't bring any supporters. there. These folks believe we should be Mayor Suarez: So, what happens if we pass the ordinance as amended, and with the additional modification that we need a report 30 days after rickshaws are no longer out there, which would only be when all existing grandfathered in rickshaws would complete their term and 30 days after that, we would get a re- port, I presume. Mr. Clark: That is correct. Mayor Suarez: Is that the intent...? Mr. Dawkins: Unless, the rickshaws... Mr. Plummer: If they have got a permit until September, they are grand - fathered. Mayor Suarez: Or, do you want a report... Mr. Dawkins: No, like I say, it doesn't show anything unless the rickshaw people want to take off a month and then let me run a survey during the month. I don't knowt Mr. Chi: Paid vacation will be... Mayor Suarez: Wait, wait, wait. You are not on this Commission yeti It is not going to show anything in any event. We know there is going to be a lot of traffic there. I presume that what you want us to do is confirm something that is fairly evident, right? I mean that... Mr. Dawkins: No more discussion. Call the question. Mayor Suarez: OK, the motion is to accept the ordinance with the modification that would prohibit Fridays and Saturday nights use of Coconut Grove streets for these vehicles. No other modifications, am I correct now, Commissioners? Mrs. Kennedy: That's it. Mayor Suarez: OK, call the roll. AN ORDINANCE - AN ORDINANCE PROVIDING FOR THE REGULATION, LOCATION, AND OPERATION OF NONMOTORIZED VEHICLES FOR HIRE ON THE STREETS AN SIDEWALKS OF THE CITY OF MIAMI; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of March 27, 1966, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the ordi- nance 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 NOES: Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: None. i ON ROLL CALL: Mr. Dawkins: I would have to vote no in that with the high unemployment we got, I just can't rightfully vote to put somebody else out of work. Mr. Carollo: What is the countdown, right now? Let me tell you what I am going to base my vote on. I have been out there on Friday and Saturday nights, probably more -so than all of my colleagues put together, and what concerns me is the fact that what I have personally observed, I find the City in a heck of a situation if somebody would get hurt. What I've observed over there is, you guys zigzagging in and out of traffic, where at times, vehicles have had to swerve into oncoming traffic from the other lanes so they wouldn't hit one of your rickshaws. I am not saying all of you are that irresponsible. There are some that are down there. Mr. Chi: That is not occurring now. You can ask the Colonel whether he is issuing any citations. r Mr. Carollo: I am sure of that. Secondly of all, at different times, you have all packed the rickshaws with four, five, or six people in there. Mr. Chi: That is addressed in this amendment too. Mr. Carollo: At the same time, you start swinging them up and down where I have seen people miss the concrete in the street by maybe just three or four inches from their heads hitting it, and I am deeply concerned of the liabili- ties that the City is going to have in the future if we don't address this now. I vote with the motion. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10100. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. Mayor Suarez: The motion carries, the ordinance is passed as amended. Mr. Chi: May I state into the record, in case it comes up for a future... I don't know how this would be. Lt. Bradford of the Police Force told me at one time on the telephone, and it should be in the Police Department's records, that Commissioner Carollo had seen a rickshaw driver do a handstand in a road which was closed. At that time he told him that he would pull the rickshaw's permit on Monday morning. This was... Mr. Carollo: What is this, now? Mr. Chi: Lt. Bradford told me... Mr. Carollo: OK go ahead. Mr. Chi:... on the Police Department's tape, you know, that goes beep, every few seconds... Mr. Carollo: Yes, Lt. Bradford told you... Mr.. Chi:... that you were down there, this past summer with the 42 officers who came down there to appease Monty Trainer, and that at that time when you saw the rickshaw driver who is also the owner of the ice cream store, that you said at that time, that you would pull our license the following Monday morning. Mr. Carollo: I suggest that you bring Lt. Bradford here, because I doubt it very much. Mr. Chi: You can handle that yourself. Mr. Carollo: No, I doubt it very much Lt. Bradford ever said that. Mr. Chi: I am not saying he said that, air. It is on their tapes. Mr. Carollo: And when I... no, it is not on their tapes at all. 1 a Id 122 April 22, 1986 ' i t y 2 i !i Mr. Chi: I spoke to him on the phone. I'm telling you know, under penalty of..►. Mr. Carollo: Don't come to me with hearsay. Come to me with facts, you know, and I challenge you... Mr. Chi: No, I am saying that one of your employees said that. Mr. Carollo: If you are telling me that one of my employees said something... Mr. Chi: Yes, sir. Mr. Carollo: ... then I am sure that an employee of this City never said that. Now, maybe you are kind of deaf, you don't hear too well. I don't know what the story is... Mr. Chi: It is not herpes either, sir. Mr. Carollo: Well, maybe it is AIDS then, or something) But, it is definite- ly not the fact that that employee told you that. Mr. Chi: The Police Chief would not allow me access to those tapes any more than Sgt. Westly would arrest a man who pulled a gun and put it to the head of a Rickshaw driver. Mr. Carollo: If I can, to the members of the Commission, I would like to instruct the City Manager to spend whatever time they would like to, last summer, whatever the time it was that he says that he was told this, to check all of those tapes to see if they find anything that even resembles this. Mr. Chi: I know what the date is. I wrote it down. Mayor Suarez: Wait, wait, Mr. Chi. Like I said, you are not a member of this Commission. You made a statement. Commissioner Carollo has responded to it. It doesn't seem to have any relevancy to anything that we are considering here today, or would be considering. Mr. Chi: I just want to read it into the record, and I am not saying Commis- sioner Carollo said it. I am saying that one of his employees said it, and it is on tape. Mr. Carollo: Can we instruct this Lt. Bradford to come to this Commission, please? Mr. Chi: And I also don't mean anything personal against you, sir. Mr. Carollo: I want that address, ok? Mayor Suarez: Yes, if Commissioner wants to have Lt. Bradford here, we will want to hear his side of it. Thank you, Tom. Mr. Chi: OK, thank you. Mr. Carollo: For the record, the reason that this Commissioner had been there in the past with the Police Chief, and there was a task force of 40 plus officers that were sent there weekend nights was because of the fact that we had very extremely heavy activity of youth gangs that were active there to the point where we had even one young man that was killed in a gang fight in the past, and we had scores of others hurt in gang fights that were out there, and there was a complete disrespect for law and order, until we finally had to send a task force down there. Mr. Chi: Mr. Carollo, may I briefly... Mayor Suarez: Mo. no, that has nothing to do... that is just a statement by a f Commissioner on why he was there. It has absolutely nothing to do with anything that we are going to discuss, or we have discussed today, please! And you are not helping your situation, I might add. That is just a little bit of... Id 123 April 22, 1986 00 Mr. Chi: Thank you very much, Commissioners, and you, Mr. Carollo, also. Mayor Suarez: Thank you, Tom. 12. DISCUSSION OF IMPACT FEE ORDINANCE (See label #14) Mayor Suarez: The impact fee ordinance? You are going to hit us with this at 8!23 p.m.? Sergio, couldn't you come back another day? Mr. Sergio Rodriguez: That is up to you. I am ready. Mayor Suare:a: Let me report to the Commissioners that we have had at least some discus:tions on this. Mr. Plummer: It is first reading, you know. Mayor Suarez: First reading, good point. Mr. Plummer: Let me do this. Mayor Suarez: Yes. Mr. Plummer: Let me pass it on first reading, and we will have testimony on second. Mrs. Kennedy: Great. Second. Mayor Suarez: Yes, and unless I am satisfied on a bunch of aspects of this, I would vote against it, but on first reading I will vote for it - on the impact fee ordinance, item number 10. Commissioner Plummer suggested that we on first reading only pass it without taking any testimony, and then be ready prior to second reading to take all testimony. Mr. Plummer: And at second reading is definitely declared as a public hear- ing. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Madam City Attorney, are we OK on that procedure? Can we postpone all testimony until second reading? Mrs. Dougherty: No, legally there is two public hearings that are required for the zoning ordinance. Mayor Suarez: Two public hearings, and you smile Jack. Mrs. Dougherty: Perhaps the public doesn't want to talk. Mayor Suarez: OK. Mrs. Dougherty: Maybe they don't want to talk. Mayor Suarez: Any Commissioner want to move the postponement of this item? Mr. Plummer: No, definitely not. Mayor Suarez: Oh, we want to hear it today. All right. Mr. Rodriguez: So, may I start my presentation, then? Mrs. Dougherty: No, no, you don't... Mayor Suarez% Another presentation? You have given us one already on this! Mrs. Dougherty: Let them get just do it. ld 124 April 22, 1986 Mr. Rodriguez: I want to, in my presentation, I want to refer only to the memo dated February 15th,which is in your package, that reflects all of the concerns from the Planning Department. Mayor Suarez: That was quick. Do we want to hear from opponents or propo- nents? Mr. Plummer: Seeing that no one wants to speak, I move the item. Mr. Jack Lowell: Mr. Mayor and Commissioners, my name is Jack Lowell. I am from 801 Brickell Avenue. I am partner of Tishman Swire Properties, and I am president of the Brickell Area Association. I am here both in capacities president of the Brickell Area Association, and as a member of a Greater Miami Chamber of Commerce Committee, trying to write a new D.R.I. ordinance for downtown Miami. This item should be deferred. The ordinance as drafted has substantial problems with it, which if you are going to consider it tonight, we have to go through. The intent of the ordinance is to raise money for the City, but it does it in a way which we think is not very effective, and that we have some significant problems with it. Mr. Plummer: Jack, why don't you meet with the City Attorney between now and the next hearing? Mr. Carollo: Why don't we each just pulled the ordinance out. Defer it. Let him have the opportunity to meet with staff and the City Attorney's office, and then bring it back after it is cleared up. Mr. Plummer: Joe, my only problem with that, to be very honest with you, is that this thing has now drug on for about six months. Mr. Carollo: Well, let's give it a deadline. Mr. Plummer: And in six months, it has probably cost the taxpayers to put in the impact created by developers, $1,000,000 or $2,000,000, and that is what this is trying to prevent, and... Mr. Carollo: J. L., let's give it a reasonable time. Mr. Plummer: Hey, fine, you know... Mr. Carollo: How much do you think you would need, Jack? Mr. Lowell: Well, Commissioner Carollo. Mayor Suarez: It doesn't sound like anyone is disposed to give you more until the next hearing, because we really have to move on this thing, one way or the other. Mr. Lowell: I think the unfortunate thing is that there are two other things the City is doing, trying to rewrite the master plan for downtown Miami and do an area wide D.R.I. Mr. Plummer: That has no bearing on it. Now, if you want to argue the case, we will argue, but that has no bearing on it. Mayor Suarez: I agree with that. Mr. Plummer: And Jack, you know, you are going to have to pay your fair share, buddy. No grandfather! Mr. Lowell: We have no problem with that. I have no problem with that, whatsoever, as long as it is fair and across the board, and this ordinance is not... Mr. Plummer: That's what it's gonna be. Mr. Carollo: Would a couple of weeks give you enough time to meet with the City Attorney and staff people? Mr. Lowell% This ordinance needs more than a couple of weeks. ld 125 April 22, 1986 0 Ir. Plummer: How much time do you need? Ir. Lowell: At least a month. Ir. Carollo: Well, I'd be willing to go for a month. layor Suarez: Commissioner Plummer. Ir. Plummer: Well let me reverse it, all right? Let me reverse it. Madam :ity Attorney, as this ordinance is presented to us here this evening. do you ,pink it is defensible in court? lrs. Dougherty: Yes, sir. Ir. Plummer: Thank you. layor Suarez: I gather that means he is about to move the item and not move 'or continuance or deferral as suggested by Commissioner Carollo? Ir. Plummer: I will go along, if he wants to go along until the 7th or 8th of lay. I'll go along with that. layor Suarez: How about that, Jack? Ir. Lowell: I think what you are going to do is you are going to rush into .aw... layor Suarez: Well, it is a lot better than having it voted on first reading today. Ir. Plummer: Jack, this doesn't hold a candle to the Metro ordinance today, IK?... because we are going to get to where the Metro ordinance is, everything out single family residence. fr. Robert H. Traurig: For the record, Mr. Mayor, Robert H. Traurig, 1401 lrickell. On behalf of Mr. Lowell, we accept the offer for the deferral. We :kink that period of time would permit us to meet with staff and perhaps improve the ordinance, but more than that, we think that the presentation will take a significant amount of time. It is now 8: 30 p.m. We know you have a ):00 o'clock termination point, and we think that the best interest of the :ommunity would be served if we took longer to make the presentation. fr. Dawkins: Is this the first reading, Madam City Attorney? fr. Plummer: No, we are not going to vote. We are just going to defer it. I rill go along with it. fr. Dawkins: OK, but then... OK. layor Suarez: We have got a motion to defer, in effect. Commissioner )awkins, do you want to speak to that? fr. Dawkins: Yes, I want to speak, because I am like J. L. layor Suarez: Like to get it over with, yeah. fr. Dawkins: This keeps coming up, going down, coming up, going down. Now, then they come back the next time, that is going to be the first reading, and [ am going to make a motion at that time that we bring it back the next week :or the second reading. fr. Plummer: You can't! lrs. Dougherty: Two weeks. fr. Dawkins: So why not? fr. Plummer: Not on an ordinance. It has got to be ten days for advertising. ld 126 April 22, 1906 I Mr. Dawkins: Well, I will call a special meeting for the ten days. I don't have no problem with that. Always they can find rules to get around, see, so, Mr. Mayor.., Mayor Suarez: For every law, there is a way around, right? Mr. Dawkins: That is right Mr. Mayor, be prepared to call a special meeting in ten days to have a second reading on this ordinance, and let's get it done, because the longer we allow this to go on, the longer we don't get anything done, and these gentlemen understand - I am against 9500. I don't know nothing about 9500. I don't understand 9500, and you know, but yet, it is a lawt So, I may as well have another one I don't understand. Mr. Russ Marchrer: Mr. Mayor, I am Russ Marchrer and I represent the Real Estate Action Council of Dade. I would also like to ask you to postpone first reading for a different reason, that there is a State legislation pending right now in Tallahassee, which will give the City of Miami and other cities, up to eight more sources of revenue that you do not now have, and I would suggest that perhaps you would like to consider those before, including a special taxing district, consider those before you go into anything as drastic as an impact fee. Mr. Dawkins: Of those eight areas that you are speaking of, how many of them would be ad valorem taxes, and taxes where I would have to tax the residents? ... of those eight? Mr. Marchrer: None of them would be ad valorem taxes. Mr. Dawkins: Well, what... Mr. Marsh: The closest you would come to it would be a special taxing dis- trict. I have it right here. I will give you a copy of it. Mr. Plummer: Yes, but Russ, let me tell you what you are not saying. The problems today covered that are created by these developers are actually going back into the bonds that the City has to float, paid for by the ad valorem, and that is what we are trying to eliminate! It is time that the developers who are making a profit pay their fair share, that is all we are sayingt Mr. Phillip Yaffa: Excuse me, Mr. Mayor and members of the Commission. My name is Phillip Yaffa, 444 Brickell Avenue, Miami. I am here... Mayor Suarez: Remember that the consensus so far is apparently that we are going to defer the item. You are also a part of a D.D.A. committee, I be- lieve, Phil? Mr. Yaffa: I am part of the D.D.A. committee. Mayor Suarez: That is supposed to report back to us on this ordinance, and I don't know that this is the proper moment, in view of all of the other time constraints that we have got. Mr. Yaffa: I am appearing before you this evening as chairman of the Omni Venetia Economic Development Subcommittee of the Miami Chamber of Commerce, and I just wanted to get on for the record this morning at a general member- ship meeting, a unanimous resolution was passed directed to this Commission, asking them that they defer the first reading of this item tonight. One thing which I just want to make clear is that we are not opposed to the concept of impact fees. We just feel that this ordinance does not adequately protect and reflect the proper way to impose those fees. Mayor Suarez: You are not opposed to it, you just want to delay it until we give up on it, right? Mr. Yaffa: No, I will go along with Mr. Traurig and Jack, and we accept your offer, deferring the first reading for 30 days. Id 127 April 22, 1986 r 13. RESCHEDULE COMMISSION MEETING OF MAY 8TH TO MAY 7, 1986. Mr. Plummer: Are we going to meet on May 7th or 8th? Mayor Suarez: I thought we were going to make it May 7th, at your request. Mr. Plummer: I will make a motion... well, there is a motion on the floor to defer this until... well, let me make the other one. I will make a motion that the City Commission of the 8th be held on May 7th. Mayor Suarez: So moved. Do we have a second? Did I hear a second? Please, a second? Mr. Dawkins: Second. Mayor Suarez% Seconded. Thirded. Please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-302 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF MAY 8, 1986 TO TAKE PLACE ON MAY 7, 1986 AT 9:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. 14. CONTINUE DISCUSSION AND MOTION TO CONTINUE PROPOSED FIRST READING ORDI- NANCE REGARDING IMPACT FEES. (See label #12) Mr. Plummer: I move that item 10 be deferred until May 7th. Mrs. Kennedy: Seconded. Mayor Suarez: Seconded. Please call the roll on the item 10. The following motion was introduced by Commissioner Plummer, who moved its adoption: �i MOTION NO. 86-303 A MOTION TO CONTINUE PROPOSED FIRST READING ORDINANCE } REGARDING "IMPACT FEES" TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 7, 1986. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- ld 128 April 22, 1986 .Y� T. h 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: Russ, wherever you are, while you are lobbying the Legislature, you might try to get them to clarify exactly what it is that we have to pass to be able to get our fair share of any D.R.I. applications, because it really was quite confusing and if they pass some thing a little bit more clear. Mr. Dawkins: See, and a lot of things shown here are not going to fly, because like you say, permit local government to impose a public service tax on purchase of cable television service, we just had that struck down by the Federal government. Mr. Marchrer: Well, I am no attorney, but there are two ways of looking at that. If there is State legislation you are liable to be able to do it. Mayor Suarez: Just work with the Legislature is all I am suggesting, you know. Let's not get into that argument. Planning and Zoning... Mr. Dawkins: There is no argument, Mr. Mayor. Mayor Suarez: I am sorry, Commissioner. Mr. Dawkins: There is no argument. I am telling him a fact of life. You weren't here sir. Do you remember? We had a law where we taxed cable televi- sion, and it was stuck down by the Federal government. Now, you are going to go to the State government and tell them to do that, and then I will go back to the Federal government and they turn it down again! That is all I am saying. Mayor Suarez: Thank you, Commissioner. 15. APPROVE DARRYL SHARPTON, WILLIAM MANKER AND MANOLO REBOSO TO SERVE AS DIRECTORS OF BAYSIDE SPECIALTY CENTER FOUNDATION. Mayor Suarez: Item 13, I am sorry, I missed that one. That is our appoint- ments to the Rouse Foundation, Bayside Specialty Center. I have made mine directly. I don't... do we need to? Mr. Odio: You have to vote on the continuance. Mr. Carollo: Excuse me. I have to make mine. Mayor Suarez: I am sorry, Commissioner. We have to vote on what? I mean, they called and asked for our appointments directly. Do we have to vote on it? Item 13, the appointments to Rouse, does that have to be done by Commis- sion action, or can it be done directly by... Mrs. Kennedy: I made mine, and it was voted. Mr. Odio: No, you have to do that. Commissioner Kennedy already appointed one person. Mr. Carollo: Well, let me make my appointment, now. OK, my appointment for item 13 is Manolo Reboso. Mayor Suarez: Sharpton. id OK, I have already conveyed my appointment, I believe Daryl 129 April. 22, 1986 7 Mr. Carollo: If I may add, not related to any other Reboso's involved in any projects in any islands. Mayor Suarez: Is it spelled with a "Z"? Any other appointments that we have left? Mr. Plummer: I have mine yet to make. Mr. Dawkins: I made mine. Mayor Suarez: Commissioner Plummer reserves his appointment, and Commissioner Dawkins had already made his, right? Mr. Dawkins: (INAUDIBLE) ... OK, I will have my secretary give it you. Mayor Suarez: Commissioner Dawkins reserves his for a funeral home owner, to be determined at a later time. We do have how many now, proposed today, two? Call the roil on those two. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 86-304 A RESOLUTION DESIGNATING AND APPOINTING CERTAIN INDIVIDUALS TO SERVE AS DIRECTORS OF THE FOUNDATION ESTABLISHED OR TO BE ESTABLISHED BY THE DEVELOPER OF THE BAYSIDE SPECIALTY CENTER AT BAYFRONT PARK FOR THE PURPOSE OF (1) CREATING AND ADMINISTERING A LOAN GUARANTY PROGRAM FOR VENTURE CAPITAL LOANS TO MINORITY BUSINESS ENTERPRISES (2) CREATING A VOCATION- AL/EDUCATIONAL SCHOLARSHIP FUND FOR MINORITIES, AND (3) PROVIDING TECHNICAL ASSISTANCE TO LOCAL COMMUNITY DEVELOPMENT CORPORATIONS ENGAGED IN ECONOMIC DEVELOP- MENT. (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 HOES: None. ABSENT: None. id 130 April 22, 1986 } 16. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT, APPROX. 577 N.E. 68 STREET AND 578 N.E. 69 STREET FROM RO-3/6 TO CR-2/7 WITH SPI-9. Mayor Suarez: Planning and Zoning item 1. I can't believe we got to itl Mr. Rodriguez: It is a second reading, and it passed unanimously last time, and it is a change of zoning from RO-3/6 TO CR-2/7 with SPI-9 on Biscayne Boulevard. Mayor Suarez: Is there anyone here to oppose this, or to be heard on this item? I entertain a motion. Mr. Plummer: I moved it before, I move it again. Mayor Suarez: Planning and Zoning item 1. Mrs. Kennedy: I second. Mayor Suarez: It apparently passed unanimously last time. Moved and second- ed. Any further discussion from the Commission? Please call the roll. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: Let the record reflect that no one wished to testify in this matter. Mayor Suarez: Thank you, Commissioner. Please call the roll. { AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 577 NORTHEAST 68TH STREET AND APPROXI- MATELY 578 NORTHEAST 69TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RO-3/6 RESIDENTIAL OFFICE TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY) WITH SPI-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 14 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIP- TION IN ARTICLE 3, SECTION 300. THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of March 27, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the ordi- nance 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. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10101. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. Id 131 April 22, 1986 17. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT, 3200-3202 S.W. 1 AVENUE., 168 S.W. 32 ROAD AND 200 S.W. 32 ROAD FROM RG-1/3 TO RG-3/7. Mayor Suarez: Planning and Zoning item 2. Mr. Guillermo Olmedillo: This is a change of zoning from RG-1/3 to an RG-3/7. This is a second reading. This is the Vizcatran Project at the Vizcaya Station. The applicant submitted a covenant, which addresses the concerns of the Planning Department, and the Planning Department has no objections to the covenant as it was presented. Mayor Suarez: Other than the applicant, is there anyone here that wishes to be heard on Planning and Zoning item 2? ... presumably against it, if you are here. OK. Mr. Plummer: Do you wish to be heard? Mayor Suarez: Go ahead. If you have any association and anyone is speaking on behalf of your association, that limits the number of speakers. Go ahead. Mr. Irwin Slitkin: My name is Irwin Slitkin. I reside at 101 S.W. 32rd Road. Being here tonight has been quite an experience for me, seeing what you people have to handle. I am going to try to make this very brief. Mayor Suarez: Not just for you. I guaranteel Mr. Plummer: God bless you. Mr. Slitkin: Every time that I have been here on this particular item, I have always asked one question and I never was given an answer, not one time! Now the question I had in mind is, what right have they got to include S.W. 22nd Terrace in the planning before they had the right to close it? In other words, they put the cart before the horse. Mr. Plummer: Well, the answer to that, sir, is you are talking to PZ-3, rather than PZ-2. That is the next item. Mr. Slitkin: Well, that, as you know, that means nothing to me. Mr. Plummer: Well, you are speaking to the next item on the agenda, which is the street closure. Mrs. Kennedy: It is the closure of the street. Mayor Suarez: The two items are related, but item 3 is the one that has to do with the... Mr. Slitkin: Well, they don't have enough footage to construct that type of a building, unless they include that street, and they didn't get the right of the street, when they already applied for the changing of the zoning. Can you answer that question? Mr. Robert Traurig: May I answer the question? Mr. Slitkin: Yes. Mr. Dawkins: This gentlemen over here, sir. Mayor Suarez: Guillermo, give it a try - before Bob Traurig messes it up. Mr. Olmedillo: The first thing that we are addressing is a change of zoning. As I said before, zoning creates a potential. The way 9500 is written, it takes into consideration up to a certain point of the permanent open space in front of the property. In this particular case, the street is taken into consideration for zoning only up to the middle of the street, since the ld 132 April 22, 1986 property... the applicant owns both sides of it, they make take it into consideration for their computation of built in F.A.R., but since the applica- tion was always for a change of zoning, what we are creating with the change of zoning, is not the use of the street in any way. We are creating the potential for the developers to have a building of a certain size, within a certain envelope. Mayor Suarez: But, of course, as Commissioner Plummer points out, the next item will deal with that, and you know, it is very difficult for us to expect him to know that one item really is limited to one thing or the other, so... Mr. Slitkin: Again, I say you haven't explained it to me at all, because when I saw a picture here of the proposed building, it included that part of the street, and they didn't have the right to assume that they could build on a street. Mr. Plummer: Sir, I'm voting against it, so, let me try to explain it to you. The item that you are speaking to is a change of zoning. It is not bound by any building other than if the zoning is approved, they can build within the limitations of that zoning. Now, if they don't get the street closure, then they have got two parcels which they can build on with that zoning, and they don't build on the street, or over it, or around it. but all this is, is you are not tied by a change of zoning to a proposed building, do you understand that? Tomorrow morning, sir, he can come into this City Hall with a permit and build an entirely different building within which you saw previously, as long as it is within the envelop of what that zoning permits. Mr. Slitkin: Well, what that zoning permitted, would there have been enough area, without including the S.W. 22nd Terrace roadway? Mr. Plummer: Sir, you are trying to tie it to the building. Don't tie it to the building. One thing in law you cannot do is conditional zoning, and that is one of the fears of zoning, is once you approve it and you pass it, they are not bound by any drawings, or any pictures, or any proposals. You are only bound by the envelope of what the parameters are of that particular zoning, OK? Now, you don't like that and I understand that, sir, but unless they get the next item, which is street closure, all they have is two parcels that are going to be zoned RG-3/7. Does that help you? Mayor Suarez: On this item, on item 2. they are allowed to use the streets for calculation of their F.A.R., which is the criteria for zoning, but on the next item, you observation would be noted that your... Mr. Plummer: There is no calculation, at this point. Mayor Suarez:... on the next item, however, we will have to approve or disap- prove of the closing of the street and all of your observations on that issue will be noted for the next item. Mr. Slitkin: Well, should I talk about that, or do I come up again? Mayor Suarez: However you want to do it. Either way will... Mr. Slitkin: All right, well then, I would like to talk against it. Mayor Suarez: We are not going to forget what you said from one item to the next, if we can both in next 17 minutes, I guarantee you. Mr. Slitkin: Well, I would like to talk about that closing. Again, I will state there are still fire engines, garbage trucks, police, still going around that barrier, and according to the picture that I saw here, there is going to be a solid building, right across. That is all, gentlemen. Thank you. Mayor Suarez: Thank you for your comments. Ma'am? Ms. Carol Denison: Commissioners, my name is Carol Denison. I live at 1160 S.W. 22nd Terrace. I know you have already made up your mind on this issue, but I am going to talk for two minutes anyway. In 1979 the City of Miami adopted this plan for Vizcaya. Many minds went into the making of this plan, and now a handful of people want to set aside some of the parameters which you ld 133 April 29 1986 4 f' �A adopted. I received a letter in reply to mine too from Mayor Suarez, that made me very angry. In this letter, Mayor Suarez states that the City tells his the rezoning is in accordance with the Master Plan. Well, I would like for you to read the City's plan, where on pages 5, 63 and 78, it states, and I quote from page 5: "Height limitation of six stories." From page 63: "A height limitation of six stories is recommended to avoid imposition on the character and privacy of surrounding low -density neighborhoods." From page 78: "Height limitations, six stories, 55 feet, or 65 feet with parking on ground floor." Another quote from the objectives and goals section of your plan says: "Minimize the visual impact, style and scale, etc. of new development." You are not visualizing the impact of a nine story condominium on this resi- dential duplex area. I would like an answer as to why you and your staff would allow a zoning change that would accommodate this height 'and violate the adopted plan. The other disregard of your own plan is in the parking requirements. On page 78 of the SPD district guidelines it says: "Parking requirements, 1.5 spaces per unit for one and two bedroom units; 2.0 spaces per unit over two bedrooms." Now, simple mathematical calculations, based on all 104 units, which is what is proposed, being one or two bedrooms only, would require the developer to provide 156 parking spaces, The developer plans to provide 114 parking spaces. What happened to the other 42? Commissioners, Mayor Suarez says in his letter that he, and I quote: "Is going to recommend that the Master Plan be reviewed, so as to clearly prohibit this kind of rezoning in the future." Well, the future is too late. You have a chance to prohibit this kind of zoning now. This building and zoning change is not in accordance with the plan , and I ask you to make the developers use the guidelines that have been agreed upon, and adopted to this area by the City. Thank you for attention and time, and I hope you will vote as Commissioner Plummer did at the last meeting, which was "no". Mr. Plummer: Let me see, you all were in favor of the rickshaw. (LAUGHTER) I heard you clapping. Go aheadt Mrs. Kennedy: Everyone clapped. Mr. Lou Sierra: Yes sir, I like Rickshaws too. I really do. Mr. Lou Sierra: My name is Lou Sierra. I live at 1181 S.W. 22nd Terrace, and I know you are all in a hurry, but this is a thing that I would like to... I go to my house and I worry about it, because... Mayor Suarez: Don't roll up your sleeves! That worries me. Mr. Sierra: You guys are all going to go to your houses and you are going to not worry about the situation, but it really bothers us. You talk about the people in Miami being interested in what we have to say. There are 60 homes, 60 people that signed the petition stating that they were against this, and we live there. I think you should hear our voice. hear what we have to say, and vote against this. Give us an explanation why you want to do this. It is not going to resolve Metrorail. It is not going to resolve more money for the City of Miami. It is not going to resolve anything. You're just going to put a building there, and then you are telling us... you bring us to this meeting and you tell us to state our opinions, and I figure that if everybody is ld 134 April 22, 1986 against it, I don't see why you should vote "yes". I don't see any reason why you should vote "yes". The building is too high. It is low income family houses. It doesn't state parking, but that is not the issue here. The issue is you are going to build a building in front of my home and you are going to mess up my neighborhood, and I don't think that should be done. I don't think that is reasonable. I don't think that is fair and I don't think you are going to gain anything by it. There is nothing to gain here, because they are not going to use the Metrorail. You are going to stick 114 families in there that is just going to ruin our neighborhood, and I think that you should vote on what the people have to say - we the people of the City of Miami. The people that live in that area are not in favor of this. If we were, it would be OK. We wouldn't even be here, but we are here, and I think that you shouldn't vote and rush into these things. You should really take consider- ation of what you are doing to our homes, what you are doing to us. The building is too high. It takes up half of our neighborhood. The issue is not the parking. The issue is it just doesn't belong there. It just does not belong there) You people already made up your minds. I understand you are going to vote "yes", but I want to know why you are going to vote "yes". Is it going to favor the City of Miami? Mayor Suarez: Don't keep saying that. We have two readings and we voted on one. You know, that is... Mr. Sierra: Well all the readings, you just said "yes". You voted "yes". They've always won. Mayor Suarez: Right, so we voted on it. The law requires us to vote again. You keep telling us and saying that we have made up our minds. We have ex- pressed our minds in the first reading. Sometimes we change our minds. Mr. Sierra: Well, I hope that what I said today would influence your vote, because I live there, and I personally would not like the building there, because it really destroys our neighborhood, and I don't think the City of Miami should allow that. It is not going to solve anything. Thank you. Mr. Louis Rockford: My name is Louis Rockford. I live at 1110 S.W. 22nd Street. In the first place, did you know that at the last taxes... in the last tax district, my house was appraised at $85,000; it went up to $160,000 and the neighbors along the street had the same problem. With this house there, they are going to double and triple my taxes again for no reason. I have been there 20 years. All of a sudden, they raise the taxes. Now, the more people there are in an area, the more mugging goes on. My sister, 82 years old, blind in one eye, cataracts in the other, weights 100 pounds, five foot tall, was mugged right at my front door. All right, another thing, parking. With the opera house down the street, I can't even park in front of my house. They take up all the spaces. Now, why can't I get four, eight, or sixteen units on my lot, if you can get put 104 apartments in those three little lots. And you know good and well, that with 104 units, 114 parking areas, and nowhere near enough, they are going to use the parking of the Metro, which they have no right to. Now. people who are going to buy apart- ments in this Vizcaya, we are not naive. They all have cars. They are not going to use Metro, is the whole thing about Metro... they are going to work in different parts of the City and you are not going to increase Metro traf- fic. What percent does Vizcaya get of Metro business?... Maybe two percent. Now, did you know that when all these stations were to be built, they picked locations that were heavily populated with office buildings, apartments, businesses. What does Vizcaya have? Did you know that of all the volume of Metro, that Vizcaya only gets two percent, so what this is going to do... Mayor Suarez: That is two percent of not much, let me tell yout Mr. Rockford: One second, please. Here is what I recommend. Close down Vizcaya. Mr. Philbrick, you are a business man. Mr. Plummer: Whoa! Whoa! Boy, you just lost my votet (LAUGHTER) Mr. Rockford: Now, wait a minute, you don't know what I am going to say. Mr. Plummer: Oh, I know what you just said) ld 135 April 22, 1986 Mr. Rockford: You are in business, OK? You are in business. OK, I will change it. The reason I brought up business, is when people are in business, and nobody comes to buy their services or their merchandise, you have to close up the place. Since Vizcaya gets 2 percent of the volume, the City would save a lot of money, close the damn thing, just bypass it, and then, you wouldn't bother our area, and everything would be OK. Thank you. Mayor Suarez: Thank you, air. Anyone else on that item? Yes, sir. Mr. Julio Lopez: Julio Lopez, 1188 S.W. 22nd Terrace. My neighbor has just about said everything, basically, but let me shed some little light on this subject here. About a couple of months ago, we had a rescue unit that needed to go into our neighborhood because one of the neighbor's company passed out. Unfortunately for that neighbor's company, rescue units could not go into our area, because it was barricaded, so you take it from there what happened to the person. Now, you are going to construct a building, and as I told the Zoning Commission, you tell me how a ten truck fire hydrant is going to go over a swimming pool, and I will let you put up a 30 foot floor building, OK? You tell me how it is going to go physically over the pool in the middle of the street, and then you tell me, OK? That is all I am going to say. Thank you. Mayor Suarez: Thank you, sir. Anyone else? (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: That is correct, air. Bob, at the risk of losing whatever impulse you have got here on this... Mr. Robert Traurig: Yes, sir, I will make it very quickly. First of all. I would ask you... although you said you would only take this item because PZ-2 and PZ-3 are companion items, I presume... Mayor Suarez: No, no, I said 2 and 3. Mr. Traurig: OK. Number two, I would ask you to adopt for the record, all of the prior transcriptions of the Planning Department recommendations, the Zoning Board hearing, the first reading hearing, as well as what is said in this hearing, in view of the fact that we are abbreviating our presentation here. I think that the system works. As a result of the neighbors expressing concerns over a number of different things, I would like you to know that the covenants that have been delivered to Mr. Olmedillo and others, provide, among other things, that no building permit will be issued until the Planning Department has a chance to approve a site plan that will develop substantially in accordance with that site plan; that we will limit the density to 1.5, rather than the permitted 1.72; that we will relocate the shade trees into the rights -of -way, to the extent possible. Number "D" is a landscape plan, has to be approved by the Planning Department and will provide for landscaping within the cul-de-sacs and the two turn grounds; will provide the pedestrian easement to take pedestrian traffic from the residential community to our west to the Vizcaya station, and we will provide for the width of driveways as per the request. Therefore, what we are saying to you is that all of the recom- mendations that have been made as a result of the public hearings, including staff recommendations, have been complied with through our declaration of restrictive covenants. We urge you to... Mayor Suarez: When you give that easement, you had better be prepared to actually have it be in effect, because I live in that area, and I am going to walk through that easement and make sure that you don't have some people restraining the use of that easement. Mr. Traurig: That easement will be part of the plat, and therefore will be made a public easement. Therefore, we urge that you approve this application in accordance with the recommendations to you, of your Planning Department, of your Zoning Board, and as per your own action in approving this in first reading in first reading. Thank you, very much. Mrs. Kennedy: Let we just say, Mr. Mayor, that... Mayor Suarez: I am sorry, Commissioner... on a legal point, are you willing to make that into a covenant subject to the City Attorne y's approval? Id 136 April 22, 1966 Mr. Traurig: Well... Mayor Suarez: Joel, is that... Mr. Traurig: Yes. Mrs. Kennedy: I just wanted to say that I... we know, we already approved this on first reading, as you said, but philosophically, this is good for the City, for the County, and for South Florida. We must allow the areas around Metrorail to grow. This has happened in every other city and it is going to happen here. And let me say that I am really sorry that it affects so many people, and if I had my selfish interest at heart, believe me, that I, like Commissioner Plummer, would vote against this, because you know what? I a neighbor too. We have to set policies. (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez% Please, everybody has had their say, more than enough. Bob, is your presentation complete? Mr. Traurig: Yes, sir. Mayor Suarez: All of those items that you mentioned are part of the record. Mr. Traurig: Yes, sir. Mayor Suarez: Thank you, sir. OK, do I have a motion on this item? Mr. Carollo: There is a motion for approval. Mayor Suarez: Move to approve. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Call the roll, please. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3200-3202 SOUTHWEST 1ST AVENUE, 168 SOUTHWEST 32ND ROAD AND 200 SOUTHWEST 32ND ROAD, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL TO RG-3/7 GENERAL RESIDENTIAL; MAKING FINDINGS, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 44 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of March 27, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Dawkins, the ordi- nance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissf,7ner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10102. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. Id 137 April. 22, 1986 18. CLOSURE OF S.W. 22 TERRACE, 3200-3202 S.W. 1 AVENUE AND 168-200 S.W. 32 ROAD. Mayor Suarez: PZ-3, related item. Mr. Carollo: Move. Mayor Suarez: We will note any, all objections made to PZ-2 as part of PZ-3. (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: Sir, please! We are going to have to remove you. Mr. George Campbell: Mr. Mayor, if I may. Mayor Suarez: Yes. Mr. Campbell: George Campbell, representing the Department of Public Works, also the chairman of the Plat and Street Committee. Briefly, there were several items that the Plat and Street Committee placed on this particular plat. One of them, of course, the public hearing tonight has been satisfied, and it has been before the Zoning Board and they recommended it. We have assurances from Florida Power and Light that they will have the easement they need, Southern Bell also. Water and Sewer Authority is negotiating for the relocation of sanitary sewer and the water mains through a 15 foot easement along the southwesterly property line, between 22nd Terrace and S.W. 1st Avenue. The Police Department will also be utilizing that easement. That will be also a pedestrian easement for access to Vizcaya station. The Fire Department has stipulated on the record in the Plat and Street Committee meeting that at the end of the street, they need a 35-85 foot paved area for fire vehicle maneuvering. This is primarily for their major vehicles, which would be used in the event of a fire in this building proposed, and this is in addition to the 15 foot easement. They still can use it for some of their smaller vehicles in the easement, but the major vehicles will not be able to get through there, because of the restricted turns, so they will be coming in from other directions. The area of the closed street is approximately 8,000 square feet. This will add up, and they will have the total available area to them, which will allow for their full development as planned. Mr. Traurig: Mr. Mayor, in behalf of the applicant, we concur with all the recommendations and requirements of the Public Works Department and the Plat and Street Committee. Mayor Suarez: Commissioners, we need a movant - PZ-3, Planning and Zoning item 3. Ms. Hirai: We need a second, Mr. Mayor. Mayor Suarez: I don't even have a movant, yet. Ms. Hirai: Commissioner Carollo moved. Mayor Suarez: Oh, it has been moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any further discussion? Hearing none, please call the roll. ld i 138 April 22, 1906 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 86-305 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCON- TINUING THE PUBLIC USE OF THAT PORTION OF SOUTHWEST 22ND TERRACE CONTIGUOUS AND ADJACENT TO LOT 34, BLOCK 51, EAST SHENANDOAH SUBDIVISION, RECORDED IN PLAT BOOK 14, AT PAGE 55 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND LOT 1, BLOCK 52, EAST SHENANDOAH SUBDIVI- SION RECORDED IN PLAT BOOK 14, AT PAGE 55 OF THE PUBLIC RECORD OF DADE COUNTY, FLORIDA, WEST OF THE RIGHT-OF-WAY LINE OF SOUTHWEST 32ND ROAD, ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1274 - "VIZCATRAN GARDEN." (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: Commissioner J. L. Plummer, Jr. ABSENT: None. ON ROLL CALL: (INAUDIBLE BACKGROUND COMMENTS) Mr. Dawkins: Commissioner Plummer. Mr. Plummer: Sir. Mr. Dawkins: Anytime they close the street you want some equity, why aren't you asking for equity for closure of this street, sir. Mr. Plummer: Very simply, on the record, Mr. Dawkins, is because this is public housing which we forced onto this applicant through the Claughton Island, and I don't feel that it is fair that they should have to go beyond that. Mr. Dawkins: Good enough reason. Finish calling the roll. Mayor Suarez: We will accept the $100,O00 that you meant to offer in connec- tion with the street closure. Strike that from the recordt 19. DISCUSSION OF PARKING BOATS IN FRONT YARDS. Mayor Suarez: This Commission stands adjourned. Assuming we do that, what happens then to Planning and Zoning item 8? Mr. Plummer: It dies! Mrs. Kennedy: OK, the Planning and Zoning item 8, why don't we send it to the Planning and Zoning Board for revision, and then it just doesn't die. Mayor Suarez: We can always do that. (INAUDIBLE BACKGROUND COMMENTS) Id 139 April 22, 1986 Mr. Olmedillo: Commissioner, this... Mrs. Kennedy: Can we do that, and then it will not die? Mr. Olmedillo: No, there is no time for that. You have run out on that time that you had to send it back. Mr. Plummer: Great. Mr. Olmedillo: Unless you hear it at the regular Commission meeting. Mr. Pierce: No, no, no. They can send it back. Mayor Suarez: OR, I am all confused. Let's go back. Mrs. Kennedy: Unless you want, I am... Mayor Suarez: Planning and Zoning item 8, if we don't consider it today, will die. Mr. Olmedillo: Mrs. Kennedy: Unless we send it to the Planning Advisory Board. Mr. Rodriguez: No. Mayor Suarez: Now, this particular ordinance, if people are in favor of it, can be brought back to us any time. Mr. Pierce: We can rewrite it and start it from the process again, if that's the case. Mr. Olmedillo: Start it all over again. Mayor Suarez: That is not to say that we never vote for it, or any of that, but... You can start all over again. Mayor Suarez: Right. It would, you know, require at least one Commissioner wanting to do that, I mean, this City staff is not going to keep bringing it back to us. Ma'am, do you want to address that point of this item? While... do I have a quorum? I think people have voted with their feet, here. Unidentified Speaker: Reinforced, they are over in the edge. Mayor Suarez: Looks like he is gone! Commissioner Plummer? Did you want to hear the point on this item dying if we don't hear it? Otherwise, we don't have a quorum. Mr. Plummer: Which item? Mayor Suarez: This is Planning and Zoning item 8, related to amendment the boats... UNIDENTIFIED SPEAKER: Boats in side yards and back yards. If you can just there for just a minute. Is three a quorum? Mayor Suarez: UNIDENTIFIED SPEAKER: The problem we have is we live in a heavily wooded area of Coconut Grove. In order to comply with the law of PZ 8 whatever this is , it 20, 22 2, we must cut down a 100-year old oak tree. We cannot get a permit to cut a 100 year old oak tree, consequently, we are left in a Catch-22 situation. What we would like to suggest, is not that you say, "OK, everybody park their boats anywhere•you want." I would like to suggest that you consid- er a waiver, wherein if there is an environmental factor that is beyond the control of the home owner, or boat owner, or whatever, that that factor be considered as a possibility to waive the requirement that the boat be parked in the back yard, or the side yard. In this case, an environmental factor could be cutting down a tree, a natural rock outcrop. Mayor Suarez: I have absolutely no problem with that, but I don't know that this is the proper way to propose it to this Commission, really. UNIDENTIFIED SPEAKER: Would you allow it to go back to be... Mr. Plummer: Within reason, I want to be reasonable, all right? And as far as I am concerned, the Planning Department has screwed this damn thing up so many times, that I don't want to send it back and redo it. Let's kill it, and let them come back with a new ordinance. We can take your ideas into consid- eration. As long as a man owns a boat, if it's a luxury. He wants to keep it in his back yard or his side yard, I have no problems with it. UNIDENTIFIED SPEAKER: It is a canoe, sir. Mr. Plummer: Put it on the roof. UNIDENTIFIED SPEAKER: I can't get on my roof. Mr. Plummer: I will send you a ladder. Mayor Suarez: Do you find his jokes funny at this time, of the night? UNIDENTIFIED SPEAKER: I think he's getting punch drunk. UNIDENTIFIED SPEAKER: Mr. Mayor, this is a world class city. It has been written up in all the magazines. World class cities do not park boats and rec vehicles in their front yards. UNIDENTIFIED SPEAKER: Are you from Coral Gables? Mayor Suarez: Unless it is an oak tree that has to be cut down. Mr. Pierce: Mr. Mayor, we will re -look at this and then bring it back. Mayor Suarez: There has got to be a way to solve your problem. I mean, maybe Commissioner Dawkins up there with a little wench, or whatever you call one of those things can get that canoe in the right spot for you so you don't cut down the oak tree. UNIDENTIFIED SPEAKER: This is something where extenuating environmental and circumstances beyond my control. I am not 100 years old. I couldn't pull the tree out. My mother-in-law just gave me the money for the boat. Mayor Suarez: The problem with the ordinance is that it was losing support in this Commission from one Commission meeting to the next, until it was about to die anyhow. This is just coincidence that everybody has left, although that is part of the problem. Mr. Rodriguez: I£ I was able to make a presentation tonight, I would have shown that we have a temporary permit for this that would be for one year only, so that maybe that will take of some of the concerns expressed by the Commission before. Mayor Suarez: It really serves no purpose. We really have lost a quorum. If you want to... UNIDENTIFIED SPEAKER: Mr. Mayor, I believe the time and the record will combine and state that at 9:00 p.m., that matter that was discussed, the issue was supposed to be the last one, and therefore, so many people left, I think this is... Mayor Suarez: Well, the only thing we wanted to consider, so at a majority of the Commission would hear it, was that this item would die, if we didn't consider it, and three Commissioners heard that argument, and seem to be disposed for it to die, so it has died. This Commission stands adjourned. ld I 141 April 22, 1986 THERE BE= NO nJRTH®t BUS=RSS TO CONE BV= THE crTx CONNISSWN. TIC NELTING WAS ADJOURNO AT 908 F.N. ATTEST: Natty Hirai Cm CLERK Xavier L. Suarez N A T 0 t INCORP +►RATED * 18 96 �. lei 142 April 22, 1986 'h. r i s Ct' y Sys•. .(rj "� ITY OF rv*,,IAMI DOCUMENT DOCtMIT IDENTIFICATION MEETING DATE APRIL 22, 1986 NDEX- COMMISSION RETR IEVAI .rrTnM AND CODE NO. AUTHORIZE CITY MANAGER TO SUBMIT APPROVED GRANT PROGRAM ($9,875,000.00) FINAL STATEMENT TO HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE COMMUNITY DEVELOPMENT PROGRAM (1986- 1987). AUTHORIZE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT (TERMINATE DECEMBER 1, 2000.) WITH CASINO ESPANOL DE LA HABANA, INC. FOR A LEASE OF APPROXIMATELY 30,000 SQUARE FEET OF LAND SITUATED ON THE CORNER OF THE MARINE STADIUM COMPLEX; ETC... RESCHEDULE THE REGULAR CITY COMMISSION MEETING OF MAY 8, 1986 TO TAKE PLACE ON MAY 7, 1986 AT 9:00 P.M. DESIGNATE/APPOINT: DARRYL SHARPTON, WILLIAM E. MANKER, MANOLO REBOSO TO SERVE AS DI— RECTORS OF THE FOUNDATION ESTABLISHED BY THE DEVELOPER OF BAYSIDE SPECIALTY CENTER AT BAYFRONT PARK; ETC... 86-300 86-302 86-304