HomeMy WebLinkAboutCC 1986-04-10 MinutesI
* INCORPMON:1T611 *
18 R 96
OF MEETING HELD ON APRIL 10, 1986
(REGULAR)
PREPARED iY THE OFFICE OF THE CITY CLERK
CITY HALL
NATTY HIRAI
City Clark
INDEX
!MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
APRIL 10, 1966
ITEM SUBJECT LEGISLATION PAGE
N0. NO.
1. PRESENTATIONS, PROCLAMATIONS, PRESENTED 1
SPECIAL ITEMS. 4/10/86
2. BRIEF COMMENTS COMMENDING POLICE DISCUSSION
CHIEF AND CITY MANAGER IN PROPER 4/10/86
HANDLING OF DRUG CONTROL IN STREETS.
3. CONSENT AGENDA
2
3
4/10/86
3.1
RESOLUTION GRANTING REQUEST OF SOUTH
R-86-242 4
FLORIDA REGION ANTIQUE AUTO CLUB OF
4/10/86
AMERICA TO SELL FOOD, NONALCOHOLIC
BEVERAGES, ARTS AND CRAFT ITEMS FOR
A TWO DAY PERIOD IN CONNECTION WITH
THE ANTIQUE AUTO SHOW AND ARTS FAIR.
3.2
RESOLUTION RECOGNIZING TAX-EXEMPT
R-86-243 4
STATUS CLAIMED BY MIAMI SCOTTISH
4/10/86
RITE TEMPLE ASSOCIATION.
3.3
AUTHORIZE CITY MANAGER TO ACCEPT
R-86-244 4
PROPOSED DONATION OF A 35' FORD
4/10/86
FLATBED TRUCK FOR USE BY THE
DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES FROM MR. TIMOTHY
G. STILLMAN.
3.4
BID ACCEPTANCE - REVIEW FINANCIAL
R-86-245 4
PRINTERS FOR PRINTING THE
4/10/86
PRELIMINARY AND FINAL OFFICIAL
STATEMENTS FOR THE CITY'S 1986
GENERAL OBLIGATION BOND SALE.
3.5
BID ACCEPTANCE - HAGEN CORPORATION
R-86-246 5
FOR FURNISHING TEN (10) ROLL IN COTS
4/10/86
AND ACCESSORIES PACKAGES TO THE
DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES.
3.6
BID ACCEPTANCE - ARMANDO FOJON
R-86-247 5
PAINTING FOR PAINTING THE EXTERIOR
4/10/86
AND INTERIOR OF ONE (1) TWO STORY
CBS APARTMENT COMPLEX TO THE
DEPARTMENT OF COMMUNITY DEVELOPMENT.
3.7
BID ACCEPTANCE - URBAN SOUTH, INC.
R-86-248 5
FOR DEMOLITION OF ONE (1) TWO STORY
4/10/86
CBS APARTMENT BUILDING TO THE
DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES.
3.8
AUTHORIZE ACCEPTANCE OF THIRTEEN
R-86-249 5
(13) DEEDS OF DEDICATION FOR HIGHWAY
4/10/86
PURPOSES.
3.9
RESOLUTION AUTHORIZING "HERITAGE OF
R-86-250
6
MIAMI" AS THE OFFICIAL TALL SHIP
4/10/86
REPRESENTATIVE VESSEL OF THE CITY OF
MIAMI AT ALL "OPERATION SAIL 1986"
PROGRAM ACTIVITIES.
3.10
RESCINDING RESOLUTION NO. 86-72
R-86-251
6
ADOPTED JANUARY 23, 1986 WHICH HAD
4/10/86
AUTHORIZED THE CITY MANAGER TO
INITIATE THE ACQUISITION OF 6
PARCELS IN BLOCKS 44 AND 57 OF THE
SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT AREA.
3.11
RESOLUTION CANCELING THE LIQUIDATED
R-86-252
6
DAMAGES ASSESSED AGAINST MET
4/10/86
CONSTRUCTION INC. IN CONNECTION WITH
THE CONSTRUCTION OF THE CITY OF
MIAMI/UNIVERSITY OF MIAMI/JAMES L.
KNIGHT INTERNATIONAL CENTER —
ENTRANCE CANOPY.
4.
AUTHORIZE AGREEMENT WITH ANTONIO
R-86-253
7-9
MOLINA, INC. TO OPERATE RESTAURANT
4/10/86
IN COUNTRY CLUB GOLF COURSE
CLUBHOUSE.
5.
DEFERRAL OF EMERGENCY ORDINANCE
DISCUSSION
9-11
"SUMMER YOUTH EMPLOYMENT AND
4/10/86
TRAINING PROGRAM (JTPA)" AND
BELAFONTE TACOLCY CENTER TO PROVIDE
OPERATION FOR ITS IMPLEMENTATION
(LATER PASSED, SEE LABELS #12 AND
#44)
6.
EMERGENCY ORDINANCE "SUMMER FOOD
ORDINANCE
11-13
SERVICE PROGRAM FOR CHILDREN"
10090
4/10/86
7.
AUTHORIZE COUNTY TO ACCEPT BID TO
R-86-254
13-15
PROVIDE LUNCHES TO ELIGIBLE CHILDREN
4/10/86
DURING q?JMhc.F "..6.
8.
DEFERRAL OF EMERGENCY ORDINANCE IN
DISCUSSION
15-25
CONNECTION WITH GENERAL OBLIGATION
4/10/86
BONDS FOR FINANCING THE CONSTRUCTION
OF PRIVATE RENTAL HOUSING UNITS FOR
LOW INCOME FAMILIES; AND DEFERRAL OF
LOAN PROGRAM TO DEVELOPERS FOR
CONSTRUCTION OF AFFORDABLE HOUSING
IN OVERTOWN.
9.
APPOINT MARIA C. BARRIOS TO
R-86-255
25-29
COMMITTEE TO ADMINISTER LOANS TO
4/10/86
MINORITY BUSINESSES IN CONNECTION
WITH BAYSIDE SPECIALTY CENTER.
10.
DEFER ORDERING MANOR HIGHWAY
DISCUSSION
29-30
IMPROVEMENT — PHASE IV H-4519 UNTIL
4/10/86
PUBLIC HEARINGS ARE HELD.
11.
RENAME ANTONIO MACEO PARK (COMMONLY
R-86-256
30-32
KNOWN AS "DOMINO PARK") AS "MAXIMO
4/10/86
GOMEZ PARK."
12.
EMERGENCY ORDINANCE: ESTABLISH FUND:
ORDINANCE
32-33
"SUMMER YOUTH EMPLOYMENT AND
10091
TRAINING PROGRAM — 1986/JTPA IIB"
4/10/86
(SEE LABEL #5)
13. SECOND READING ORDINANCE ESTABLISH ORDINANCE 33-35
RESOURCES AND APPROPRIATIONS FOR LAW 10092
ENFORCEMENT TRUST FUND. 4/10/86
14. SECOND READING ORDINANCE: ISSUANCE ORDINANCE 35-36
OF $30,000,000 HIGHWAY IMPROVEMENT 10093
BONDS. 4/10/86
15. SECOND READING ORDINANCE: ISSUANCE ORDINANCE 36-37
OF $45,000 000 SANITARY SEWER BONDS. 10094
4/10/86
16. SECOND READING ORDINANCE: ORDINANCE 37-38
APPROPRIATIONS NECESSARY DUE TO 10095
ADMINISTRATIVE REORGANIZATION. 4/10/86
17. SECOND READING ORDINANCE: ESTABLISH ORDINANCE 39
FUND: "PRESCHOOL PROGRAM" 10096
4/10/86
18. SECOND READING ORDINANCE: COMBINE ORDINANCE 40
DEPT. OF PARKS AND RECREATION TO 10097
FORM THE PARKS AND RECREATION 4/10/86
DEPARTMENT.
19. SECOND READING ORDINANCE: ABOLISH ORDINANCE 41
TOURISM PROMOTION DEPARTMENT. 10098
4/10/86
20. FIRST READING ORDINANCE CHANGE RATE FIRST 42-43
SCHEDULE OF MIAMI CONVENTION CENTER. READING
4/10/86
21. DEFER ACQUISITION OF LAND LOCATED ON DISCUSSION 44-46
GRAND AVENGE (LOTS 41 THROUGH 52, 4/10/86
BLOCK "A" ST. ALBAN'S PARK) THIS
ITEM WAS LATER TAKEN UP, AFTER LABEL
44, AND SET FOR A PUBLIC HEARING.
22. DISCUSSION OF MINORITY HIRING BY THE DISCUSSION 46-47
OFF-STREET PARKING AUTHORITY. 4/10/86
23. REFER TO CITY ATTORNEY PROPOSED M-86-257 47-53
SETTLEMENT OF RAFAEL ALFONSO FOR 4/10/86
RENEGOTIATION.
24. REJECT ALL PROPOSALS FOR R-86-258 53-56
REDEVELOPMENT OF AFFORDABLE RENTAL 4/10/86
HOUSING IN MELROSE NURSERY AND
CONVENTION CENTER SITES.
25. OPEN BIDS FOR CONSTRUCTION OF M-86-259 56-60
WYNWOOD HIGHWAY IMPROVEMENT (B- 4/10/86
45f4); FURTHER INSTRUCTING TO BRING
BACK TO COMMISSION FOR FINAL
CONSIDERATION.
26. DECLARE MOST ADVANTAGEOUS METHOD TO R-86-260 60-61
DEVELOP AMPHITHEATER IN BAYFRONT 4/10/86
PARK AS UNIFIED DEVELOPMENT PROJECT,
AUTHORIZE DRAFT OF R.F.P.; SET
PUBLIC HEARING DATE.
27. DEFER ISSUE OF IMPROVEMENTS FOR M-86-261 61-64
EXHIBITION SPACE USE OF COCONUT 4/10/86
GROVE EXHIBITION CENTER.
28. EMERGENCY PURCHASE OF TYPESETTING, R-86-262 65
LAYOUT AND PRINTING SERVICES FROM 4/10/86
REVIEW FINANCIAL PRINTERS.
#I t
29.
A)DIRECT CITY ATTORNEY TO PREPARE
M-86-263
PACKAGE OF BOND COUNSEL FIRMS
4/10/86
LOCATED WITHIN CITY LIMITS. B)DEFER
NAMING LAW FIRM TO SERVE AS LOCAL
BOND CO -COUNSEL TO ASSIST BROWN,
WOOD IVEY, MITCHELL & PETTY WITH
RESPECT TO '86 SALE OF GENERAL
OBLIGATIONS BONDS.
30.
APPROVE IN PRINCIPLE THE MIAMI
R-86-264
CAPITAL IMPROVEMENT PROGRAM 1985-
4/10/86
1991.
31.
AMEND AGREEMENT WITH SEPTEMBER AND
R-86-265
ASSOCIATES EAST PERTAINING TO POLICE
4/10/86
DEPARTMENT TRAINING SIMULATOR.
32.
AUTHORIZE BID PROCESS FOR PURCHASE
R-86-266
OF PORTABLE TELESCOPIC BLEACHERS FOR
4/10/86
COCONUT GROVE EXHIBITION CENTER.
33.
DEFERRAL OF DESIGNATING CATEGORY "B"
DISCUSSION
PROJECT/LAND SURVEYING SERVICES FOR
4/10/86
CITY.
34.
APPOINT ROSE GORDON AND WILLIAM
R-86-267
MANKER TO METROPOLITAN DADE COUNTY
4/10/86
AUDIT REVIEW COMMITTEE TO REVIEW
WATER AND SEWER AUTHORITY BUDGET
35.
APPOINT GUY SANCHEZ TO LATIN QUARTER
M-86-268
REVIEW BOARD.
4/10/86
36.
APPOINT DAVID RAY, HUGH PATRICK,
R-86-269
STUART SORG, AND RON FALKIE TO
4/10/86
WATER -FRONT BOARD.
37.
APPOINT RAUL GONZALEZ VIERA TO CODE
R-86-270
ENFORCEMENT BOARD.
4/10/86
38.
ESTABLISH GUIDELINES FOR MINORITY
R-86-271
AND WOMEN PROCUREMENT COMMITTEE.
4/10/86
39.
WAIVING PROHIBITION AGAINST CONTRACT
R-86-272
WITH FORMER CITY EMPLOYEE WITHIN TWO
4/10/86
YEARS AFTER LEAVING THE CITY FOR
ROBERT SECHEN, ESQ.
40.
EMPLOY TWO LAW FIRMS FOR SOUTHEAST
R-86-273
OVERTOWN/PARKWEST PROJECT.
4/10/86
41.
ASSESSMENT ROLL FOR CONSTRUCTION OF
R-86-274
CENTRAL SANITARY SEWER IMPROVEMENT
4/10/86
SR-5481-C.
42.
URGE U.S. ATTORNEY FOR SOUTHERN
R-86-275
DISTRICT OF FLORIDA TO INVESTIGATE
4/10/86
FOREIGN AGENTS.
43.
POSTPONE CONSIDERATION OF PROPOSAL
M-86-276
FOR WATSON ISLAND PROJECT.
4/10/86
44.
BELAFONTE TACOLCY CENTER TO PROVIDE
R-86-277
OPERATION OF JTPA TITLE II-B SUMMER
4/10/86
YOUTH EMPLOYMENT AND TRAINING
PROGRAM.
45.
DISCUSSION OF SIBI CULTURAL CENTER
DISCUSSION
4/10/86
46.
DISCUSSION OF PARKING METERS BY ERNY
DISCUSSION
FANNATTO.
4/10/86
66-75
75-76
76-78
78-80
80-81
81-82
82-83
83-85
85
86-88
89
90-93
93-95
96-97
98-127
128-130
130-131
131
47. ISSUE PERMIT FOR USE OF FLAGAMI PARK M-86-278 132-134
BY SOUTHWEST SOCIAL SERVICES 4/10/86
PROGRAM.
48. DESIGNATE "MIAMI MAGIC" AS A CITY- M-86-279 134-136
SPONSORED EVENT. 4/10/86
49. DISCUSSION CONCERNING RECENT DISCUSSION 136-139
DEMONSTRATIONS AT THE TORCH OF 4/10/86
FRIENDSHIP, PERSONAL APPEARANCE:
JACQUES WILSON.
50. UPHOLD CITY COMMISSION STANDING M-86-280 139-144
POLICY RELATED TO FUNDING OF 4/10/86
EVENTS - DENY FUNDING REQUEST
RECEIVED FROM COCONUT GROVE CARES
INC. IN SUPPORT OF "FIRST ANNUAL
MIAMI AEROBIC TOURNAMENT & FITNESS
FAIR."
51. A)ACCEPT DONATION OF STATUE (BUST) R-86-281-1 144-146
OF NESTOR IZQUIERDO. B)CO-DESIGNATE R-86-281-2
N.W. 5TH COURT BETWEEN N.W. 60TH 4/10/86
STREET AND N.W. 62ND STREET AS "RED
RAIDERS ROAD."
52. SET POLICY REJECTING ALL PUBLIC R-86-282 146
WORKS BIDS WHERE LOWEST BID EXCEEDS 4/10/86
BY A CERTAIN PERCENTAGE THE CITY'S
ESTIMATED COST.
53. APPROVE (FOR A SIX-MONTH PERIOD) R-86-283 147
CONTRACT WITH GOTLIEB'S FINANCIAL 4/10/86
SERVICES FOR COLLECTION OF THE
CITY'S RESCUE TRANSPORT USER FEE.
54. DEFERRING CONSIDERATION OF FUNDING M-86-284 148-151
REQUEST RECEIVED FROM LITTLE HAVANA 4/10/86
ACTIVITIES AND NUTRITION CENTERS IN
CONNECTION WITH FESTIVAL 20 DE MAYO.
55. PERSONAL APPEARANCES: JOSE BARRERO- DISCUSSION 151-153
PROPOSED BLOODLESS BULL FIGHTING 4/10/86
EXHIBITIONS.
56 DISCUSSION REGARDING "CITY HALL" DISCUSSION 153
SIGN AT ITS ENTRANCE. 4/10/86
57. EXTEND TIME LIMITATION FOR CITY R-86-285 154-159
COMMISSION APPROVAL OF CONSTRUCTION 4/10/86
DISBURSEMENT SCHEDULE FOR
CONSTRUCTION OF MODERATE HOUSING
UNITS OFF CLAUGHTON ISLAND (AT SHELL
CITY AND EAST LITTLE HAVANA SITES.)
58. FIRST READING ORDINANCE: CREATE NEW FIRST 159-165
DEPT.: "HOUSING. CONSERVATION AND READING
DEVELOPMENT AGENCY." 4/10/86
59. URGE FLORIDA LEGISLATURE TO ADOPT R-86-286 165-166
CRITERIA FOR DOWNTOWN DEVELOPMENT 4/10/86
AUTHORITIES AS INDEPENDENT SPECIAL
DISTRICTS.
60. DISCUSSION REGARDING AFFIRMATIVE DISCUSSION 167
ACTION ANNUAL REPORT. 4/10/86
61. BID ACCEPTANCE - COBIA BOAT CO. FOR R-86-287 167-170
TWO PATROL VESSELS FOR MARINE 4/10/86
PATROL.
62,
REAFFIRM SETTING A CEILING OF FIVE
M-86-288
170-174
MILLION DOLLARS TOTAL COST FOR EACH
4/10/86
OF TWO PROPOSED POLICE SUBSTATIONS.
6S.
ESTABLISH BONUS POLICY ON
R-86-289
174-17S
ACQUISITION OF LAND PARCELS; POLICY
4/10/86
FOR RELOCATION OF BUSINESSES
DISPLACED BY SOUTH DISTRICT POLICE
SUBSTATION SITE.
64.
AUTHORIZE OFFERS TO LAND OWNERS FOR
R-86-290
175-116
CITY'S ACQUISITION OF REAL ESTATE
4/10/86
FOR SOUTH DISTRICT POLICE
SUBSTATION.
65.
PROHIBIT VEHICULAR ACCESS TO CERTAIN
R-86-291
176-186
STREETS IN BELLE MEADE NEIGHBORHOOD.
4/10/86
66.
CLAIM SETTLEMENT: APPROVE $800,000
R-86-292
186-188
SETTLEMENT WITH RAFAEL ALONSO.
4/10/86
67.
REQUEST APPRAISALS, AT APPLICANT'S
R-86-293
188-190
COST WITHOUT OBLIGATION OF CITY TO
4/10/86
PURCHASE, FOR TEN ACRES OPPOSITE
CURTIS PARK ON 24TH AVENUE AND RIVER
FOR A MARINA PARK/YACHT CLUB.
i
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the loth 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 9:04 o'clock A.M. by Mayor Xavier
Suarez with the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
Commissioner Rosario Kennedy
ALSO PRESENT:
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS.
CHALLENGER
MEMORIAL: Sculpture presented by Roger Pfenninger to the City of
Miami.
Proclamation:
PRESENTED Fair Housing Month: Presented to Maria Baeza. Direc-
tor of the Community Housing Resources Board of Dade
County and Frank Castaneda, Director of the City of
Miami Department of Community Development expressing
the City's support to the furthering of fair housing
practices.
Present: The loth and llth grade class of Miami Senior High.
Present: Elementary students of Seminole Elementary School.
1 April 100 1986
i
2. BRIEF COMMENTS COMMENDING POLICE CHIEF AND CITY MANAGER IN PROPER HAN-
DLING OF DRUG CONTROL IN STREETS.
Mayor Suarez: Mr. City Manager?
Mr. Odio: Yes.
Mayor Suarez: Move on to Item 11.
Mr. Odio: Yes, sir.
Mr. Dawkins: Before we get to Item #1,...
Mayor Suarez: Commissioner.
Mr. Dawkins: ...Mr. Mayor, I have a small pocket item.
Mr. Odio: That's the Consent Agenda, Mayor.
Mr. Dawkins: I would like to commend the Manager, the Chief of Police and the
entire Police Department for its efforts to clean up the drug sales in the
Liberty City drug flea market. We have a flea market for drugs on 60th Street
from 12th Avenue to 17th Avenue, and over the weekend, the Police Department
has made raids and arrested people. Saturday, as I was monitoring this
operation, Sergeant Starks and four officers had two Caucasians stopped and
were searching them and when I worked around and looked on the back of the
car, it was a Broward County tag, and this let's you know that it is a flea
market when people come from all over the State of Florida to Liberty City to
purchase drugs. We have met with Janet Reno, we have met with Chief Dickson,
I have scheduled a meeting with the Chief Judge, and Mr. Fred Crawford of
Corrections. We are going to stop drug sales in Liberty City, and as we stop
it in Liberty City we will move to Overtown, Little Havana and every place
else, and this Commission is committed to stop prostitution on Biscayne
Boulevard, drugs sales in the area and to make crime one of the things that we
will not have in this City. So, I just wanted to go on record commending the
Police Department for its efforts in that area.
Mayor Suarez: Thank you, Commissioner. Any time there is a drug raid by the
police, you should all be aware of the risk that each one of the police
officers is undergoing, because of the propensity for violence of the people
involved in this trade, and the refusal to bend to the wishes of this communi-
ty that drug trading stop in our city, and it is quite a risk for the police
officers. We have lost quite a few in the line of duty, particularly under-
cover police officers who are found out by the drug dealers and we commend, as
the Commissioner has stated, their work and the Chief, in taking an active
roll in going after street drug traffic. Not just the kingpins, but the guys
out there on the street that are ruining our city and ruining our business
sectors and residential areas.
NOTE FOR THE RECORD: The following City Commission minutes were approved:
November 26, 1985 (Regular & P & Z)
December 19, 1985 (Regular & P & Z)
January 9. 1986 (Regular)
January 23, 1986 (Planning & Zoning)
2 April 10, 1986
3. CONSENT,AGENDA.
Mayor Suarez: We have a Consent Agenda which consists of Item 1 thru 14.
Commissioners, do you wish to remove any items from the Consent Agenda, to be
handled separately?
Mr. Dawkins: Pull eight.
Mayor Suarez: Commissioner Dawkins, pulls Item eight.
Mr. Dawkins: Pull twelve.
Mayor Suarez: Twelve.
Mr. Dawkins: That's it for me.
Mr. Plummer: I have none to pull.
Mayor Suarez: Nor do I.
Mr. Dawkins: Move the Consent Agenda with the exception of eight and twelve.
Mayor Suarez: Before we take the vote on adopting Items 1 thru 14 with the
exception of eight and twelve, I would like to ask if there is anyone present
who is an objector or a proponent, that wishes to speak on any item in this
Consent Agenda, that being Items 1 thru 14, with the exception of eight and
twelve, that have been pulled out. Hearing none, we can proceed to take the
vote on the Consent Agenda. I'm sorry, Ma'am.
UNIDENTIFIED SPEAKER: Are we talking about the Watson Island Project?
Mayor Suarez: No, no, Items 1 thru 14. I'm glad you made the clarification.
That does not include Watson Island.
Mr. Plummer: Ma'am, Watson Island is not scheduled until 2:30 this afternoon
as I recall.
(INAUDIBLE COMMENT)
Mr. Dawkins: No, Ma'am that will be closer to 4:00.
Mr. Plummer: Well, it won't before then, Ma'am.
(INAUDIBLE COMMENT)
Mr. Dawkins: Yes, Ma'am.
Mayor Suarez: Yes, we would never take it up before 2:30. OK. Hearing no
objectors or proponents on Items 1 thru 14 and having pulled out Items eight
and twelve, we can proceed to take a vote on the Consent Agenda.
Thereupon, the City Commission on motion introduced by Commissioner
Dawkins, seconded by Commissioner Plummer adopted the following resolutions by
the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice —Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Rosario Kennedy
3 April 10, 1986
3.1 RESOLUTION GRANTING REQUEST OF SOUTH FLORIDA REGION ANTIQUE AUTO CLUB OF
AMERICA TO SELL FOOD, NONALCOHOLIC BEVERAGES, ARTS, AND CRAFT ITEMS FOR
A TWO-DAY PERIOD IN CONNECTION WITH THE ANTIQUE AUTO SHOW AND ARTS FAIR.
RESOLUTION NO. 86-242
A RESOLUTION GRANTING THE REQUEST OF SOUTH FLORIDA REGION ANTIQUE
AUTO CLUB OF AMERICA TO SELL FOOD, NON-ALCOHOLIC BEVERAGES, ARTS,
AND CRAFT ITEMS FOR A TWO-DAY PERIOD IN CONNECTION WITH THE
ANTIQUE AUTO SHOW AND ARTS FAIR TO BE HELD MAY 24 AND 25, 1986, IN
PEACOCK PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-DAY
NON-EXCLUSIVE CONCESSION AGREEMENT IN SUBSTANTIALLY THE FORM
ATTACHED HERETO; SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED
BY LAW AND COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY
BE PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.2 RESOLUTION RECOGNIZING TAX-EXEMPT STATUS CLAIMED BY MIAMI SCOTTISH RITE
TEMPLE ASSOCIATION.
RESOLUTION NO. 86-243
A RESOLUTION RECOGNIZING THE TAX-EXEMPT STATUS CLAIMED BY MIAMI
SCOTTISH RITE TEMPLE ASSOCIATION IN SUPPORT OF ITS REQUEST FOR
RETURN OF MONIES PAID BY IT BECAUSE OF ITS FAILURE TO TIMELY FILE
APPLICATION FOR TAX-EXEMPT STATUS OF ASSOCIATION PROPERTY; AUTHO-
RIZING AND INSTRUCTING THE FINANCE DIRECTOR TO PAY TO SAID ASSOCI-
ATION THE AMOUNT OF $11,953.70 SAID SUM BEING CONFIRMED AS THE
AMOUNT RECEIVED BY THE CITY AS A RESULT OF THE ASSOCIATION'S
NONCOMPLIANCE WITH THE FILING DEADLINE; FURTHER ALLOCATING SAID
SUM FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.3 AUTHORIZE CITY MANAGER TO ACCEPT PROPOSED DONATION OF A 35' FORD FLATBED
TRUCK FOR USE BY THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES
FROM MR. TIMOTHY G. STILLMAN.
RESOLUTION NO. 86-244
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSED
DONATION OF A 35' FORD FLATBED TRUCK IN THE VALUE OF APPROXIMATELY
$10,000.00 FOR USE BY THE DEPARTMENT OF FIRE, RESCUE AND INSPEC-
TION SERVICES FROM MR. TIMOTHY G. STILLMAN, OF FT. LAUDERDALE,
FLORIDA FOR THE PURPOSE OF USING IT TO TRANSPORT "LADDER 1/3" AND
OTHER ANTIQUE FIRE APPARATUS TO SPECIAL EVENTS INVOLVING THE
DEPARTMENT AND IT'S PROMOTION OF PUBLIC FIRE SAFETY AWARENESS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.4 BID ACCEPTANCE - REVIEW FINANCIAL PRINTERS FOR PRINTING THE PRELIMINARY
AND FINAL OFFICIAL STATEMENTS FOR THE CITY'S 1986 GENERAL OBLIGATION
BOND SALE.
RESOLUTION NO. 86-245
A RESOLUTION ACCEPTING THE BID OF REVIEW FINANCIAL PRINTERS FOR
PRINTING THE PRELIMINARY AND FINAL OFFICIAL STATEMENTS FOR THE
CITY'S 1986 GENERAL OBLIGATION BOND SALE AT A GUARANTEED MAXIMUM
PRICE OF $9,000 TO BE PAID OUT OF THE BOND PROCEEDS, COST OF
ISSUANCE ALLOWANCE.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
4 April 10, 1986
3.5 BID ACCEPTANCE - MAGEN CORPORATION FOR FURNISHING TEN (10) ROLL IN COTS
AND ACCESSORIES PACKAGES TO THE DEPARTMENT OF FIRE, RESCUE AND INSPEC-
TION SERVICES.
RESOLUTION NO. 86-246
A RESOLUTION ACCEPTING THE BID OF MAGEN CORPORATION FOR FURNISHING
TEN (10) ROLL IN COTS AND ACCESSORY PACKAGES TO THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF
$8,853.O0; ALLOCATING FUNDS THEREFOR FROM THE FPL-FIRE APPARATUS
REPLACEMENT PROJECT; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.6 BID ACCEPTANCE - ARMANDO FOJON PAINTING FOR PAINTING THE EXTERIOR AND
INTERIOR OF ONE (1) TWO STORY CBS APARTMENT COMPLEX TO THE DEPARTMENT OF
COMMUNITY DEVELOPMENT.
RESOLUTION NO. 86-247
A RESOLUTION ACCEPTING THE BID OF ARMANDO FOJON PAINTING FOR
PAINTING THE EXTERIOR AND INTERIOR OF ONE (1) TWO STORY CBS
APARTMENT COMPLEX TO THE DEPARTMENT ZPF COMMUNITY DEPARTMENT AT A
TOTAL PROPOSED COST OF $5,440.0O; ALLOCATING FUNDS THEREFOR FROM
THE PROGRAM INCOME GENERATED BY OPERATION OF THE BUILDING BY THE
COMMUNITY DEVELOPMENT PROGRAM; AUTHORIZING THE CITY MANGER TO
INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THESE MATERIALS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.7 BID ACCEPTANCE - URBAN SOUTH, INC. FOR DEMOLITION OF ONE (1) TWO STORY
CBS APARTMENT BUILDING TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES.
RESOLUTION NO. 86-248
A RESOLUTION ACCEPTING THE BID OF URBAN SOUTH, INC. FOR DEMOLITION
ONE (1) TWO-STORY CBS APARTMENT BUILDING TO THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF
$9,288.00; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOP-
MENT PROGRAM/NORMAL LIEN HOLDING PROCEEDINGS; AUTHORIZING THE CITY
MANGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.8 AUTHORIZE ACCEPTANCE OF THIRTEEN (13) DEEDS OF DEDICATION FOR HIGHWAY
PURPOSES.
RESOLUTION NO. 86-249
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI
TO ACCEPT THIRTEEN (13) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES
AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
5 April 10, 1986
0-.
3.9 RESOLUTION AUTHORIZING "HERITAGE OF MIAMI" AS THE OFFICIAL TALL SHIP
REPRESENTATIVE VESSEL OF THE CITY OF MIAMI AT ALL "OPERATION SAIL 1986"
PROGRAM ACTIVITIES.
RESOLUTION NO. 86-250
A RESOLUTION AUTHORIZING THE "HERITAGE OF MIAMI" AS THE OFFICIAL
TALL SHIP REPRESENTATIVE VESSEL OF THE CITY OF MIAMI AT ALL
"OPERATION SAIL 1986" PROGRAM ACTIVITIES WHICH ARE SCHEDULED ALONG
THE EASTERN SEABOARD INCLUDING THE JULY 4, 1986, STATUE OF LIBERTY
CELEBRATIONS IN NEW YORK HARBOR; FURTHER ALLOCATING AN AMOUNT OF
$10,000 AVAILABLE FROM THE DEPARTMENT OF DEVELOPMENT, PROMOTIONAL
ACTIVITIES ACCOUNT, AS THE CITY'S CONTRIBUTION FOR PROMOTIONAL
SERVICES TO BE PROVIDED BY THE "HERITAGE OF MIAMI" AT NATIONAL
"OPERATIONAL SAIL 1986" ACTIVITIES AND AT LOCAL PROMOTIONAL
EVENTS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.10 RESCINDING RESOLUTION NO. 86-72 ADOPTED JANUARY 23, 1986 WHICH HAD
AUTHORIZED THE CITY MANAGER TO INITIATE THE ACQUISITION OF 6 PARCELS IN
BLOCKS 44 AND 57 OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT
PROJECT AREA.
RESOLUTION NO. 86-251
A RESOLUTION RESCINDING RESOLUTION NO. 86-72 ADOPTED JANUARY 23,
1986 WHICH HAD AUTHORIZED THE CITY MANAGER TO INITIATE THE ACQUI-
SITION OF 6 PARCELS IN BLOCKS 44 AND 57 OF THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT AREA; FURTHER, BASED UPON
A REVISED REQUEST BY THE MIAMI SPORTS AND EXHIBITION AUTHORITY,
AUTHORIZING THE CITY MANAGER TO INITIATE THE ACQUISITION OF A FEE
SIMPLE TITLE TO THE FOLLOWING PROPERTY IN DADE COUNTY, FLORIDA:
PARCEL 57-B OF BLOCK 57 AND PARCEL 44-FEC OF BLOCK 44; FURTHER
REQUESTING THAT DADE COUNTY INITIATE CONDEMNATION PROCEEDINGS IN
THE NAME OF THE CITY FOR THE FEE SIMPLE TITLE TO THOSE PROPERTIES
THAT CANNOT BE ACQUIRED BY PURCHASE.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.11 RESOLUTION CANCELING THE LIQUIDATED DAMAGES ASSESSED AGAINST MET CON-
STRUCTION INC. IN CONNECTION WITH THE CONSTRUCTION OF THE CITY OF
MIAMI/UNIVERSITY OF MIAMI/JAMES L. KNIGHT INTERNATIONAL CENTER - EN-
TRANCE CANOPY.
RESOLUTION NO. 86-252
A RESOLUTION CANCELING THE LIQUIDATED DAMAGES ASSESSED AGAINST MET
CONSTRUCTION INC. IN CONNECTION WITH THE CONSTRUCTION OF THE CITY
OF MIAMI/UNIVERSITY OF MIAMI/JAMES L. KNIGHT INTERNATIONAL CEN-
TER - ENTRANCE CANOPY BY RESOLUTION #84-1012 DATED SEPTEMBER 13,
1984; FURTHER RATIFYING THE AGREEMENT REACHED BY THE CITY MANAGER
AND MET CONSTRUCTION INC. THAT MET CONSTRUCTION INC. WILL NOT SEEK
REIMBURSEMENT FOR ANY LOSS, COSTS, OR EXPENSES RELATED TO THE
ORIGINAL ASSESSMENT OF LIQUIDATED DAMAGES; FURTHER AUTHORIZING THE
PAYMENT OF $9,500 TO MET CONSTRUCTION INC. AS REIMBURSEMENT OF THE
AFORESAID LIQUIDATED DAMAGES.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
6 April 10, 1986
I
4. AUTHORIZE AGREEMENT WITH ANTONIO MOLINA, INC. TO OPERATE RESTAURANT IN
COUNTRY CLUB GOLF COURSE CLUBHOUSE.
NOTE FOR THE RECORD: Commissioner Rosario Kennedy entered the meeting
at 9:15 A. M. O'clock.
Mr. Dawkins: OK, and on Item 12, Mr. Manager?
Mr. Odio: Yes, sir.
Mr. Dawkins: Why would you ---and I'm going to read directly from the amend-
ment ---delete the clause in Section 5 of the aforementioned lease agreement,
concerning submission of an annual certified public accountant report. I
mean, why would we not want a certified public accountant report from these
people?
Mr. Odio: Basically, from what I understand and had to argue about this, is
that this is a very small operation and very... the profit is very limited,
and we went to the Law Department to see if this could be waived, and they did
say to us that the report, the C.P.A. report under the list was not required,
and based on that we had to...
Mr. Dawkins: But did the individual sign a lease that required it? When he
signed the lease and paid a lawyer to tell him, advise him whether to sign it
or not, did they sign it?
Mr. Odio: According to the Law Department, they are not required to have a
CPA report.
Mr. Dawkins: No, no, wait a minute. No, no. No, Mr. Manager.
Mr. Odio: Yes, sir. OK, I'm sorry, Mr. Commissioner.
Mr. Dawkins: The agreement that was signed, did it include the section that
we are now attempting to delete?
Mr. Odio: Yes, it did, sir.
Mr. Dawkins: All right, didn't the individual who signed it, read it or have
his lawyer advise him whether he should sign it or not?
Mr. Odio: Yes, sir.
Mr. Dawkins: Did his lawyer advise him?
Mr. Odio: Yes, sir.
Mr. Dawkins: And he signed it.
Mr. Odio: Yes, sir.
Mr. Dawkins: So, then he is ... I mean, well why don't we...
Mr. Odio: Fine, I...
Mr. Dawkins: Well, I for one would like to ... you got four Commissioners here,
I'm voting "no".
Mr. Odio: I have no problem with telling him he has to comply with the C.P.A.
report, if the Law Department tells me that will stick.
Mr. Dawkins: No, no, you may not. No, that's just my opinion. It maybe
that, you got three members here now. See I was discussing it before.
Mayor Suarez: What is the typical situation on other leases that the City has
similar to this? Are they required a CPA audit on a yearly basis?
7 April 10, 1986
s
•
Mr. Odio: Yes, sir. I would say if the Law Department tells me...
Mayor Suarez: Any particular reason you are recommending that this one be
treated differently?
Mr. Odio: Because when he came in here and we checked again with the Law
Department, they said that they were not required. Now, if that clause is
ther,i and we can make it stick, I have no problem in forcing them to comply
with that.
Mr. Plummer: Well, what is the cost of the audit?
Mr. Odio: I am guessing, I don't know what a C.P.A. would cost you, two or
three thousand dollars, sir, probably.
Ms. Kennedy: Can I just ask you, why does administration recommend that this
be deleted?
Mr. Odio: Yes, because it is a very small operation and there is hardly no
profit whatsoever there. They have always complied. All internal audits that
we have done on them have always been very clean.
Mr. Plummer: Well, I think one of the things that's not being said here that
has to be remembered, that they are not going to get away without an audit, it
will be done by Internal Audit.
Mr. Odio: It will be done by the City.
Mr. Plummer: And I guess I have to remind that Miami Springs Country Club is
really a nickel and dime operation. It is not that big of an operation, and
the City some years ago, had to go to all extremes to try to get somebody to
go in there and operate it. Now, you know, I guess I feel that I know the
situation there, and if an additional burden of two to three thousand dollars
could make or break the difference in profit, I...
Mayor Suarez: That's what I figured. It must be quite a small operation.
Mr. Plummer: It is.
Mayor Suarez: How small is it?
Mr. Plummer: Extremely small.
Mr. Odio: Extremely small.
Mayor Suarez: You have any idea of the volume yearly or monthly or anything?
Mr. Plummer: No, I don't.
Mr. Odio: I could get you those figures, but it's really small.
Mr. Plummer: The guy himself works it himself. His family work it, and it's
a very ... hey, I don't know. It used to be a very profitable thing, when the
restaurant had the golf concession and had all the pro shop and all of that,
and then when that was taken away... Mr. Odio, let me ask you this question.
Mr. Odio: Yes, sir.
!:,c. Plummer: Do you feel that the City is adequately protected, if in fact,
an internal audit is done?
Mr. Odio: Oh, I trust Internal Audit of the City of Miami. They are very
accurate. We are overloaded in work, but they are accurate.
Mr. Plummer: Everybody around here will tell you they are overloaded with
work.
Mayor Suarez: Remember when we last looked at the Internal Audit's total
audits for the year, numbering about a hundred seventy—five, and only three
8 April 10, 1986
were for outside projects or concessions like this. Are we... would we be
sure that this one would be one of the one audited, and thoroughly audited by
the Internal Review Department.
Mr. Odio: I can make sure...
Mayor Suarez: What is it now called? We have changed the name haven't we?
Mr. Odio: Internal Audits and Reviews and I will make sure that they do it.
Mr. Plummer: Well, with the assurances of the Manager that he feels that the
City is adequately protected, I will move the item as presented.
Ms. Kennedy: I will second it.
Mayor Suarez: The item has been moved and seconded, any further discussion
from the Commission? This is Item 12. Please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-253
A RESOLUTION AUTHORIZING AN AMENDMENT OF THE LEASE AGREE-
MENT DATED SEPTEMBER 29, 1977, BETWEEN THE CITY OF MIAMI
AND ANTONIO MOLINA, INC., FOR THE OPERATION OF A RESTAU-
RANT IN THE CITY OF MIAMI COUNTRY CLUB GOLF COURSE CLUB-
HOUSE, TO DELETE THE CLAUSE IN SECTION 5 OF THE AFOREMEN-
TIONED LEASE AGREEMENT, CONCERNING SUBMISSION OF AN ANNUAL
CERTIFIED PUBLIC ACCOUNTANT'S REPORT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Vice -Mayor Miller J. Dawkins
ABSENT: Commissioner Joe Carollo
5. DEFERRAL OF EMERGENCY ORDINANCE "SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM (JTPA)" AND BELAFONTE TACOLCY CENTER TO PROVIDE OPERATION FOR ITS
IMPLEMENTATION (Later passed, see labels #12 and #44)
Mayor Suarez: We have an emergency ordinance requested at Item 15.
Mr. Odio: Yes, sir. We need to pass this as an emergency ordinance and for
the record, because the City was given less than a month to make all fiscal
and administrative and implementation arrangements for this program from the
federal government and that's why we need to move now. These funds are needed
for this Summer and no City funds are involved. We will be receiving nine
hundred sixty thousand five hundred dollars, which will be spent on eight
hundred fifty participants...
Mr. Dawkins: What, Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Dawkins: ...does two hundred seventy-nine thousand two hundred fifty
dollars buy in professional services for two months?
9 April 10, 1986
Mr. Odio: Yes, sir, the breakdown is payment to participants is six hundred
fifteen thousand three hundred...
Mr. Dawkins: Yes, sir. Uh huh, payments to participants. OK.
Mr. Odio: The City administrative cost is sixty-six thousand, the two seven-
ty-nine two fifty is the staff that Belafonte Tacolcy would have to put in
place.
Mr. Dawkins: And it's going ... how long did this program operate, sir?
Mr. Odio: Two months.
Mr. Dawkins: So, for two months it's two hundred seventy-nine thousand two
hundred fifty dollars operational cost?
Mr. Odio: No, it's more than two months, Commissioner. You start preparing
now once the funds ... to start hiring...
Mr. Dawkins: No, no, no, no. We prepared it now, you just prepared it.
Mr. Odio: Yes, sir, but...
Mr. Dawkins: The City's staff has done all of this. OK. When you go to
them, you are going to hand them the program and they are going to run with
it.
Mr. Odio: You are right.
Mr. Dawkins: OK. All right, now. So, you guys explain to me what we are
going to get for two hundred seventy-nine thousand dollars in two months.
Mr. Odio: OK. I will do that right now. Jack Eads will address it.
Mr. Jack Eads: Commissioner, I can't answer you specifically, line items like
this, but I will have it before you before the end of the day.
Mr. Dawkins: OK. I move that we go through with this...
Mayor Suarez: Thank you, Jack.
Mr. Dawkins: I would like for you to hear me, because you may not agree. I
move that this be redone by the administration and that ninety-five thousand
dollars be allocated to Liberty City and Edison Center, ninety-five thousand
dollars be allocated to the Youth in Overtown and Coconut Grove and that
ninety-five thousand dollars be spent with youth in Little Havana. This is a
City wide program and it's for youth to work in the summer in the total City
of Miami.
Mayor Suarez: I believe we can even get some that would do it for free. The
Community Action Agency of Little Havana, Office of Accion, would probably
waive the ninety-five thousand dollars. They usually...
Mr. Dawkins: No, I'm not... but we have to pay the participants.
Mayor Suarez: Right. Oh, you mean for the participants to obtain it. Oh,
instead of in lieu of administrative costs.
Mr. Dawkins: Yes
Mr. Odio: Commissioner, may I...
Mr. Dawkins: And then the City of Miami administer the program and we take
the two ... some of ... whatever two hundred sixty-nine thousand dollars it
doesn't take to administer the program, Mr. Mayor, that also be put into money
to hire more participants.
Mr. Odio: Commissioner, may I ask something please? May I request that we
withdraw this item and bring it back on April 22nd.
10 April 10, 1986
f--
46
Mr. Dawkins: If you bring it back with the understanding that you are going
to split it into three parts, yes, sir, but if you are bringing it back just
like this, no, sir.
Mr. Odio: I will bring it back, sir, because I have to check into the guide-
lines...
Mr. Plummer: Well, I...yes, but I have got an additional problem. OK. My
problem is when you start spending thirty percent, or a little in excess of
thirty percent for administrative cost. Now, who are we hiring? The adminis-
trators? Is that who we are trying to give a summer job or are we trying to
hire the kids?
Mr. Odio: We are trying to hire the kids.
Mr. Plummer: Well, I wouldn't understand that way when you are paying thirty
percent of the monies, that are going for the people who are going to do the
training for a two month program.
Mr. Odio: Yes, sir, let me bring it back... let me bring it back.
Mayor Suarez: Particularly, given that you are using an existing agency,
which has already an ongoing budget and offices and overhead and so on.
Mr. Odio: You are right, sir. Let me bring it back and...
Mr. Dawkins: OK. Thank you.
Mayor Suarez: The proportion seems to be wrong,...
Mr. Plummer: That's 15 and 16, right?
Mr. Dawkins: Yes. That's 15 and 16, Mr. Manager, correct?
Mr. Odio: Yes, sir.
Mayor Suarez: And there seems to be a consensus of the Commission too, that
maybe we ought to have the City administer, as opposed to giving it over to
one of the entities or share it at least in some way.
Mr. Odio: Well, half of the program, I know, is administered by the City,
that's the Latin part, and in the Black community it was Otis Pitts and the
Belafonte...
Mayor Suarez: And Tacolcy. Now, under John Bennett, by the way.
Mr. Odio: Right.
6. EMERGENCY ORDINANCE "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN"
Mayor Suarez: OK, so, we have disposed or tabled Items 15 and 16. Item 17,
another emergency ordinance requested by the administration.
Mr. Plummer: Mr. Mayor, I will move 17, of course, I love to accept federal
money, but I have got a problem with 18, and they are companion. I will move
17.
Mayor Suarez: We have got enough Commissioners to pass this if it's unani-
mous.
Ms. Kennedy: I will second it for discussion. I just want to ask, where are
the twenty-five sites?
Mr. Dawkins: Our Parks and Recreation. In our parks...
11 April 10, 1986
0
Mr. Odio: It is our City parks, and I can list them for you if you want.
Ms. Kennedy: OK.
Mr. Odio: Every City park that has a summer program, Shenandoah, Curtis,
Gibson, all of them, Edison...
Mr. Dawkins: Madam Commissioner, a part of the requirements to obtain this
food is that you have to have an ongoing recreational program, and in order to
qualify, we placed the feeding sites at the parks where the youngsters come to
spend the day and they can get the hot meal.
Ms. Kennedy: I'm new at this. So, I'm still learning. I have a lot of
questions. OK. It's been moved and seconded...
Mr. Dawkins: No problem you have to .... ok.
Mayor Suarez: For purposes of the students who are here, I might tell you
that an emergency ordinance must be passed by four fifths of the Commission,
four fifths of five, as you well know, is four, there is four of us up here.
Somebody is shaking their head no back there. Is my... are my fractions wrong
there? And the reason for an emergency ordinance, or the explanation for it,
is that it is passed in one reading, as opposed to two readings, which State
law prescribes for every other ordinance. So, it would take a unanimous vote
of this Commission to pass it and as you will see, we will take two votes on
it representing the two votes required by the State law. Commissioners, any
further discussion on Item 17? It's been moved, do we have a second?
Ms. Kennedy: It's been seconded. I seconded.
Mayor Suarez: Read the ordinance please. Please call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM
FOR CHILDREN 1986"; AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $277,763.85 CON-
SISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT
OF AGRICULTURE; AUTHORIZING THE CITY MANAGER TO ACCEPT
THE GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE AND TO ENTER INTO THE NECESSARY CON-
TRACT(S) AND/OR AGREEMENT(S) FOR THE ACCEPTANCE OF THE
GRANT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the follow-
ing vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote-
12 April 10, 1986
a
i
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10090.
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.
7. AUTHORIZE COUNTY TO ACCEPT BID TO PROVIDE LUNCHES TO ELIGIBLE CHILDREN
DURING SUMMER '86.
Mayor Suarez: Item 18, Commissioner Plummer?
Mr. Plummer: The problem I have with this ... Mr. Manager?
Mr. Odio: Yes, sir?
Mr. Plummer: Why are we letting Dade County do the advertising, which I don't
mind that, but why are we letting them do the selection and accepting the
bids?
Mr. Dawkins: Mr. Plummer, they...
Mr. Plummer: I don't like the County doing anything for me.
Mr. Dawkins: Well,...
Mr. Odio: I know, but that's the way it's been set for years, Commissioner.
Mr. Plummer: That doesn't make it right.
Mr. Odio: No, sir, the...
Mr. Dawkins: OK. Let me help you a little here. I called the Recreation
Department, Commissioner Plummer, and raised the same question and although, I
don't agree with their answer, it maybe true. They said that by lumping our
bid with Dade County's bid, they get a cheaper price on the lunches. Now,
that may or may not be true, but their theory is that if they put them all
together, it's such a large contract that the usually ---the fly by night
operators will not apply, and only a guy with a large volume would apply who
will give you a better price. Now, whether that holds true or hold water or
not, I don't know, Mr. Plummer.
Mr. Odio: It is true. Two years ago, I had the same problem and the U.S.D.A.
has strict nutritional requirements and not everybody in Dade County are
allowed to distribute foods to the kids. So,...
Mayor Suarez: They don't always do too well on prices, you know. They didn't
do too well on the price of the furniture that they bought recently over in
the County. So, I...
Mr. Odio: Me, no speak English.
Mayor Suarez: I mean, are we sure that we are really getting a...
Mr. Plummer: You know what bothers me...
Mayor Suarez: You want to testify on that, Mr. Gary?
13 April 10, 1986
Mr. Plummer: Let me tell you what bothers me, all right, if there is a
problem. If there creates a problem in one of our parks and we can't then
complain to the vendor, because the vendor is under contract to Dade County,
and I think that we ought to have some kind of control over those vendors as
it relates to the City parks, and...
Mayor Suarez: Can we do that? Can we participate in the bid and still retain
control as suggested?
Mr. Odio: Yes, we can. We can demand...
Mr. Plummer: Why don't you bring this back...in other words, let them do the
evaluation and let them do the advertising, but let us have the final say over
the bids.
Mr. Odio: Well that, we do have.
Mr. Plummer: Well, that isn't what I read here.
Mr. Odio: Yes, sir. We do have. We can reject...
Mr. Plummer: Well, but what I'm saying according to this agenda, it says to
advertise for, evaluate and accept the bid. That's for Metro Dade County. I
say we accept the bid or we don't.
Ms. Dougherty: What we can do is add another clause in here in the resolution
providing that the Commission also has to approve the bidder.
Mr. Plummer: Final approval. Yes, fine. That's...
Mr. Odio: Sure, that...
Mr. Plummer: Then the...
Mayor Suarez: With that amendment,...
Mr. Plummer: Then the vendor knows.
Mayor Suarez: ...would you move the item? I don't think we need to have the
exact resolution before us. Do we Madam City Attorney, and we can vote on it?
Mr. Plummer: No, that's fine.
Ms. Dougherty: We will amend it by interdelineation at this time.
Mr. Plummer: That's fine.
Mayor Suarez: OK. So amended by interdelineation.
Mr. Plummer: I move it as amended.
Mayor Suarez: We have a motion. We don't need four fifths on this?
Ms. Kennedy: I second.
Mayor Suarez: Moved and seconded, any further discussion from the Commission?
Hearing none, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-254
A RESOLUTION CONDITIONALLY AUTHORIZING METROPOLITAN DADE
COUNTY ON BEHALF OF THE CITY OF MIAMI TO ADVERTISE FOR,
EVALUATE, AND ACCEPT THE BID OF A VENDOR TO PROVIDE UNITED
STATES DEPARTMENT OF AGRICULTURE APPROVED LUNCHES TO
ELIGIBLE CHILDREN DURING THE SUMMER OF 1986, AND FURTHER
AUTHORIZING METROPOLITAN DADE COUNTY TO ENTER INTO A
CONTRACT(S) AND/OR AGREEMENT(S) WITH THE SUCCESSFUL BID-
DER(S).
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Kennedy, the resolution was passed
8. DEFERRAL OF EMERGENCY ORDINANCE IN CONNECTION WITH GENERAL OBLIGATION
BONDS FOR FINANCING THE CONSTRUCTION OF PRIVATE RENTAL HOUSING UNITS FOR
LOW INCOME FAMILIES; AND DEFERRAL OF LOAN PROGRAM TO DEVELOPERS FOR
CONSTRUCTION OF AFFORDABLE HOUSING IN OVERTOWN.
NOTE FOR THE RECORD: Commissioner Joe Carollo entered the meeting at
9:33 A.M. O'clock.
Mayor Suarez: Item 19.
Mr. Odio: Yes, sir. This Matthew Schwartz, would explain it, but it's
emergency because of the housing needs in the City. It keeps developers on
track with development schedules. It also... we want to get moving on this as
pending federal tax legislation could have a negative impact on this project,
and I will let Matthew explain the...
Mr. Matthew Schwartz: Thank you. The City Commission has allocated $12.1
million dollars of 1976 Housing Bond Funds to the Southeast Overtown/Park West
Project. Due to the fact that we were able to negotiate most of the sales,
almost all the sales with Housing Bond Funds except two, which are vacant
tracts within Overtown, there is $2.1 million dollars, at least available,
that we would like to be able to use to loan to developers for gap financing
to allow them to start construction. This would be in replacement of funds
that we anticipated that we would be able to receive from the Urban Develop-
ment Action Grant Program. Item 119 amends the ordinance, the original
ordinance that established the bond program and Item #20 is a resolution
authorizing the Manager to establish the program. On Item #20, we have a
revised resolution, after speaking to ... Commissioner Dawkins, had some con-
cerns and they have been included in the resolution for Item #20, the revised
resolution. Section four is a new section, which just establish guidelines.
This would enable us to come back next month with proposals from two of the
developers, Cruz Development and Can -American, which the...
Mayor Suarez: Wait, let me ask you a question about now. The total of $5.1
millions dollars that you have found that would be able to be used for these
projects in Southeast Overtown/Park West, are they gonna go and to go in total
to Can -American, or Indian River, or how are they going to split? Are they
just going to be made available for you to use at your discretion?
15 April 10, 1986
Mr. Schwartz: No, no, it would be at the discretion of the Commission. We
would have to come back to the Commission for each of the allocations. What
this would do, it would allow the City to loan out to developers for rental
housing, the remaining funds of the housing bond funds that were allocated to
the project.
Mr. Dawkins: OK. Mr. Schwartz, when you came to me with this, I told you ---I
asked you one question. Who is going to manage the rental properties?
Mr. Schwartz: The rental properties will be managed by the developers,
selected developers.
Mr. Dawkins: So, the developers for thirty years will be making money off of
the rental of these units, right?
Mr. Schwartz: We are proposing that on the revised...
Mr. Dawkins: OK. The only way I'm going to vote for this is you come back
with something that shows me how these developers will pay the City of Miami
its money back out of its profit on the rental property. If you bring me that
back ---I'm only speaking for one Commissioner ---then you have got me. If you
cannot bring back something showing me where you have structured a pay back
where these developers will give back to the citizens of the City of Miami its
money that we are loaning them to get started to build housing, which we need,
then you don't have me.
Mayor Suarez: Will they be in the form of a mortgage, these pay back agree-
ments?
Mr. Schwartz: Yes, it would. A subordinate mortgag.:. This would be....
Mayor Suarez: Subordinate to how many others are we talking about now?
Mr. Schwartz: They probably have...
Mr. Dawkins: It's rental property.
Mr. Plummer: We will be fifth or sixth.
Ms. Kennedy: Yes, as usual, we will be last in line.
Mr. Dawkins: It's rental property.
Mr. Schwartz: There would probably be three ... We assume there will be three
mortgages...
Mayor Suarez: In a typical one of these agreements, although, I know we don't
have a disposition agreement yet with Gan -American and I don't know that we
have one with Miami River yet, do we? Or Indian River? I'm sorry.
Mr. Schwartz: Indian River, not... The Commission approved the disposition
agreement. That was for home ownership housing.
Mayor Suarez: For Indian River.
Mr. Schwartz: That's a condominium project.
Mayor Suarez: That's home ownership? OK. Well, we are a lot more excited
about home ownership, at least myself. Now, let's talk about rental housing
now. In a typical arrangement with these parties, how many mortgages are they
allowed to have prior to the one that we would be getting with these funds,
with the lending of these funds?
Mr. Schwartz: This would either be... we would assume that this mortgage
would be in second place. The first one would be the major financing, which
is about eighty percent.
Mayor Suarez: There should be no mortgages for land acquisition, because we
are giving them the land.
16 April 10, 1986
Mr. Schwartz: No, there is no mortgage. No, this is for construction financ-
ing. OR.
Mayor Suarez: Right. There should be one mortgage, one basic mortgage for
construction financing. Do we limit how much they can borrow on the property?
Mr. Schwartz: For the construction?
Mayor Suarez: Right.
Mr. Schwartz: No, it's based on the value of the development that they are
building there.
Mr. Plummer: What interest would be charged on this money?
Mr. Schwartz: This would be negotiable and the idea would be to make the
projects feasible in the early stages. We are recommending in the revised
ordinance, excuse me, resolution for Item #20, that there be a ten to fifteen
year pay back on this, that the City received its money as...
Mr. Plummer: But what interest?
Mr. Schwartz: The interest ... we can bring this before the Commission. All we
are establishing the program, the Commission...
Mr. Plummer: No, no, no, you don't do that to me. OR. Look, this mon-
ey...and when these people ... let me ask you this other question. When these
people bid on this program, what was the financing package?
Mr. Schwartz: The developers showed two financing packages, one...
Mr. Plummer: Neither one of them were the City money?
Mr. Schwartz: No.
Mr. Plummer: So, why in the hell now are they coming back wanting to get City
money?
Mr. Schwartz: OR. To make this project feasible, to make it marketable, the
rentals, that would be marketable in today's market in the City of Miami in
Southeast Overtown/Park West...
Mr. Plummer: Well, you have got the same problem then with affordable housing
on an item behind here, in which you are asking they be rejected because the
City wouldn't make money available to them.
Mr. Dawkins: They failed to get the U.D.A.C. grant J. L., that's why they
Mr. Plummer: Well, what I'm trying to say is is that, you know, if they had
financing, this money can be used for other things. These people made a bid
predicated on their own financing. Now, to me this is... if you want to do
that, then we have got to go back out and rebid this entire procedure to give
everybody a fair shake.
Mr. Schwartz: Commissioner Dawkins, I don't believe so. The Law Depart-
ment...
Mr. Plummer: I'm Commissioner Plummer.
Mr. Schwartz: Oh, I'm sorry. Plummer, I was looking that way. Commission...
Mr. Dawkins: Yes, I'm the dark one, he is the light one.
Mr. Plummer: I'm not quite sure about that either, but go ahead.
Mr. Schwartz: Based on review by the Law Department and by the Brown Wood
Ivy, the bond counsel, we would not have to go out for bid because in the
proposals that were accepted by the City, they showed two financing mecha-
nisms. They showed one if it was just with fully...without any additional
17 April 10, 1986
+* r
subsidy, and they also showed one where the gap financing would be, and that
they proposed both these developers the utilization of the U.D.A.G. program,
which has been cut dramatically, and both of these projects that we think
would be in line for this have qualified for a U.D.A.G. application. They
have eighty percent of their financing in order. This would allow... what
this does, both 19 and 20 establishes the program. We would have to come back
with each of the developers to the Commission, where you could scrutinize it
more carefully, but the Law Department has indicated that this is not in
conflict with our RFP. I believe the RFP that was let out for the affordable
housing sites is the one that related housing was selected, the RFP was
restricted differently. It didn't allow this flexibility which our RFP under
the UDP process for Southeast Overtown/Park West allows.
Mayor Suarez: Would the fact that we have come up with additional funds to
make the project viable in any way violate the RFP initially issues that did
not make mention of this additional money? You don't think?
Mr. Schwartz: We believe according to our discussions with the attorney from
the City's Law Department, it would not...
Mr. Herb Bailey: May I respond. Mr. Mayor?
Mayor Suarez: Yes, I hear a voice of Herb Bailey. Where? There we go.
Mr. Bailey: Good. We got a couple of microphones here. I would just like to
sort of refresh our memories a little bit. First of all, the RFP that we sent
out and that was bided on did permit the City to provide alternative sources
of financing. It never did identify it.
Mayor Suarez: Without any limitation, Herb, as much as we...
Mr. Bailey: No, there was not a limitation. It did indicate that the City
would in order to make the project feasible, be supportive in securing financ—
ing and would be able to provide financing. Now, we have three scenarios
here. The best case scenario would have been if we had gotten the U.D.A.G.
and in our discussions of the U.D.A.G. it was often asked by this Commission.
"Well, what is your alternative in case you do not get the U.D.A.G.?" and we
indicated...
Mayor Suarez: We were applying for a $5.7, were we not? $5.7 million in
U.D.A.G.? Or 7?
Mr. Bailey: The original U.D.A.G. was 11.2, and we have gone before the
Department of Housing and Urban Development on two occasions, and we still
think we are somewhat alive, but we are not certain, but the question was
always, "What will you do in case you don't get the U.D.A.G.? Will the
project still be able to be done?" We have three scenarios. The best case
scenario is the U.D.A.G. We have a not so good scenario in case we have to
come back with alternative financing, using funds that have already been
allocated to us, not in the new funds, and a way in which we can get the
project done, and this is what we are asking today. The worst case scenario
is to go out on the competitive market and build units that will perhaps not
be able to reach the economic market that we are trying to do. What we are
doing here and we have gotten opinion from bond counsel, is to use monies that
we have already been allocated, in a fashion to answer your first question
"What will you do when you don't have a U.D.A.G.?" And what we are asking to
do here now is to establish a program using those funds in a way which will
come back before this Commission for each individual developer, that will
determine what the pay Lack will be, and how it will be paid back, and the
amount of interest to be paid. That is all permissible under the original
RFP. We have not asked for anything new.
Mayor Suarez: Herb, two other questions that are related. Now, what will the
cost per unit be, or rather what will the rental be, given all the subsidies
that we are now coming up with, and how would we select the tenants? We are
always worried about tenant selection. Are we going to take people from...
Mr. Bailey: Well, under the UDP, Mr. Mayor, we permit the developers to plan,
design, build, and market their units. We did specify that those units will
be in a class that would reach low and moderate income people, and until we
18 April 10, 1986
can actually come up with the construction and get all the pricing in place,
we don't know exactly what the exact dollar figure will be. We can project
that, and we figure that based on the market that we are trying to reach they
will be affordable units.
Mayor Suarez: Can -American, I know, has some estimates that, Commissioner
Dawkins, pointed out to me. Are they realistic?
Mr. Bailey: They have a unique way of doing it, and I'm kind of interested in
the way they are doing it. They want the money up front. They will reinvest
the money, take the earnings from the money, subsidize the rent in the first
five to seven years, which make it come in at the prices that they have
indicated. Each developer has their own method of doing, or reaching the
objective of reaching the low and moderate income people. We find that method
to be one that's creative and acceptable, and that is why we need to have this
money now, because we didn't get the U.D.A.G., so they can do this procedure.
Mayor Suarez: Herb, I don't know if I heard you right.
Mr. Bailey: Yes.
Mayor Suarez: That sounds quite creative. I'm not sure if it's acceptable
though. They are taking the money that we are going to give them, and they
are going to invest it with us having no control over it?
Mr. Bailey: Well, it's all a part of the development cost. We got one pool
of money, and that money has to be massaged in such a way to reach the goals
that we have asked them to reach. You know, some developers can come in and
put all the money up front and reduce the cost. However, some developers can
come in and use that money in a fashion for which...
Mayor Suarez: To subsidize the rental over the time of the...
Mr. Bailey: To subsidize the rental over the time, because we want to reach a
certain class of people. So,...
Mayor Suarez: What guarantee do we have they just won't walk away with the
money? These entities don't have any...
Mr. Bailey: Oh, the developing disposition agreement, which is put together
by our Law Department indicate --have all of those safeguards in there. You
cannot sell the property of a certain period of time. You have to reach a
certain income level. All the assurances that were in the original RFP will
be there.
Mayor Suarez: On the disposition agreement on Can -American, you are going to
have to really prove to me, at least, and I think to the rest of this Commis-
sion, that they can't just take the money all of the sudden and go bankrupt,
and use it up, and some how we keep control over that. That is creative, I
admit that. So, creative that it worries me.
Mr. Bailey: Each one of those comes back before this Commission...
Mayor Suarez: I never thought I would say that.
Mr. Bailey: It comes back before the Commission before it's finally approved
on each developing disposition agreement, with all of the specifications for
repay back, the use of the land, and the City's position and the City's take
in the earnings off each of one of these properties.
Mayor Suarez: The only mechanism I can imagine that I would be willing to
approve in that regard would be some kind of a joint escrow agreement, where
the City would have a signature also, Herb, because it just...
Mr. Bailey: The City participates in the profits of each one of these devel-
opments, we are a partner. It is not...
Mayor Suarez: But I want to participate in the deposits of these monies, if
they are going to be investing them over time, to get a return that then
allows them to reduce the rentals. The other ... the final question from my
19 April 10, 1986
perspective here, is again, how do we select the tenants? The developer has
that...
Mr. Bailey: The developer has that right to select the tenants. It's their
obligation, and it's their responsibility, and they are putting in most of the
financing. They are responsible to us to build the units to meet a certain
economic class, and to select and manage the facility once this has been
completed. That's one of the main reasons...
Mayor Suarez: Could we not specify that they take on a first source basis
people who have been on waiting lists for HUD housing and who qualify?
Mr. Bailey: That would be in violation of the RFP, and it would not be in
accordance with the unified development process.
Mayor Suarez: In violation of our own RFP that we take someone that's been
waiting eight or ten years for H.U.D. housing...
Mr. Bailey: Well, H.U.D. is public housing.
Mayor Suarez: ...for a section eight certificate, for example?
Mr. Bailey: No, that's public housing. This is not public housing that we
are building. We are building affordable housing for low and moderate income
people.
Mr. Plummer: Yes, but you know, this program is so unique it's really called
by another name. It's rent subsidy.
Mr. Bailey: Well, you know, Commissioner, to get this project moving...
Mr. Plummer: No, that's what it is.
Mr. Bailey: To get this...
Mr. Plummer: It's rent subsidy. They are going to take the money put it in
the bank to help to subsidize and make it low income. That's not really the
case, because they are taking City taxpayers money, they are going to put it
into the program to reduce the rents to make it more profit for them.
Mr. Bailey: No, it's not more profit for them. It's in order to reach the
economic class that this Commission indicated that we should be reaching.
There are any number of ways to do that.
Mr. Plummer: What guarantees do we have that these rents which they have
projected in this paper you gave us that they cannot raise the rents? Do we
have that guarantee?
Mr. Schwartz: I believe in the —we would have a guarantee through the
disposition agreement and through the agreement we would reach on loaning this
money.
Mr. Plummer: No, no, you handed each one of us a paper showing...
Mr. Schwartz: This is a proposal that...
Mr. Plummer: Proposal hell.
Mr. Bailey: These are projections.
Mr. Schwartz: Projections ---this is what they could produce.
Mr. Plummer: But are they bound by it?
Mr. Bailey: Not until we do the developing and disposition agreement, and
that's what we are trying to get to.
Mr. Schwartz: They would be bound to it.
20 April 10, 1986
r r
Mr. Bailey: We can't get to that until we get enough money to make this
development possible.
Mr. Plummer: You know, I'm going to tell you something. I understand what
you are trying to accomplish, and I think it's good, but I want to tell you
that in my estimation, this was a bidding procedure. Not one of those bidders
had the opportunity at the time before selection to use or utilize City tax
dollars. That is going to take these tax dollars which were voted on in a
bond issue from other projects that we will not be able to do.
Mr. Bailey: No, no, Commissioner, we are only using...
Mr. Plummer: May I finish?
Mr. Bailey: OK.
Mr. Plummer: You are taking these projects and putting the money into escrow,
which will allow them to charge a lower rent, which in my estimation is
nothing more than rent subsidy. I still go back to the point saying, that the
unsuccessful bidders who maybe had the opportunity to use this program if it
was aware at the time, which it wasn't, might have been a different selection
process and I think this, even though it is striving to do a good situation,
at best is unfair.
Mr. Bailey: Would you like for me to respond or just
Mr. Plummer: I'm finished. Go ahead.
Mr. Bailey: This provision was provided all bidders. It was clearly indicat-
ed in the RFP, that we would be providing whatever support that we could from
the City in order to make this project feasible, in order to make it economi-
cal, so it can reach the economic level that we are trying to reach. It
doesn't make any difference whether or not the developer writes down the cost
from the top, or whether they go in through in an operating performer in order
to reach the economic level that we want to reach. The difference is the
same. This is public assisted housing and you are right, and however way we
use the public assistance is up to the creativity and the imagination of the
developer with our support, in order to reach the kind of development that we
want, but we are, and I don't know whether we ever said this before, but it is
public assisted housing. It is a partnership between the City of Miami and
the developers that we have selected, and our objective here as I understand
it, is to build affordable housing so it can reach a certain economic level
and make sure that everybody has a chance to participate in living in down-
town, and we have to came up with any number of creative ways to do this.
What we are doing is certainly not in violation of anything that we have
promised any other developer and it was said up front in the RFP.
Mayor Suarez: Madam City Attorney, I want to ask you... Lucia? Bob? Somebody?
Off the top of your head, I know it's a tough question to answer, would it
violate the RFP that was issued on this project if we were to specify in the
disposition agreement, when we get to that point, that in the selection
process people who are qualified under the criteria here, and who have been on
waiting lists for H.U.D. housing be given preference?
Ms. Dougherty: I don't know the answer. I would have to look at the RFP.
Mayor Suarez: I mean, there is people waiting for section eight certificates
for I don't know how many years, and you would think if they qualified ---if
they otherwise qualified, that they will be given the first preference.
Ms. Dougherty: Section eight certificates, though, the people who qualify
that are not affordable housing types. They are really public housing types.
Mayor Suarez: Well, but they have been on these waiting lists. They may now
have the income that allows them to participate in this...
Ms. Dougherty: Well, if they have the income, then that's one thing. This
is...
Mayor Suarez: Like I said, if they are qualified.
21 April 10, 1986
Ms. Dougherty: We are talking about people now who have eight dollars a month
income on section eight often times.
Mayor Suarez: I mean, the definition of public housing as Commissioner
Plummer has pointed, this is semi-public housing too, and if someone has been
waiting for public housing, now meets the criteria that we have got here, it's
not very many units that are going to be for people in the really low income
ranges. Now, Matthew, as I note here from your schedule, we are talking ten
units out of a hundred that are really affordable to really low income people,
but those ten at least, I would like to make available to people that come off
the H.U.D. rolls, if they...
Mr. Schwartz: We could ... not being an attorney, but I believe in our agree-
ment with the developers, we could require this, because this is a separate
agreement on the utilization of these funds if they borrow... just...
Mayor Suarez: And this would be a way also of controlling a little bit the
tenant selection.
Mr. Schwartz: Yes.
Mayor Suarez: Otherwise, we are giving a private developer the ability to
control tenant selection and make profits. I don't really know what kind of
profits they are going to make. We haven't really asked about that. I
presume that those are in some way controlled, but you know, at least, give an
opportunity to people who have been waiting for, I don't know how many years
on those rolls. If they qualify. If they don't qualify, they can't apply any
how.
Ms. Kennedy: As far as tenant selection, there is no way that we could have
any say from what I'm hearing.
Mr. Plummer: Well, wait a minute. Later on in the agenda, Commissioner
Dawkins, is going to bring up about our own Housing Authority, and I think
that what we ought to do is to defer this item, because if we create our own
Housing Authority in the City, which I think the consensus is to do, this can
be controlled by that Authority, and make it answerable to the Housing Author-
ity in which they are going, I assume, if it is established, establish their
own list of people who are going to be put into these houses. So, I think
what we ought to do out of courtesy, if nothing more to, Commissioner Dawkins,
in his proposal or discussion later on in the agenda, is to defer this item
until the next meeting, and let's see what's going to happen with this Housing
Authority, in which we will keep control over who goes where.
Mayor Suarez: I just want to say, we can't take a vote on this item and still
keep the ability to build into the disposition agreement tenant selection, can
we not?
Mr. Odio: Yes, and...
Mr. Schwartz: Yes.
Mr. Odio: ...we have to bring every agreement back to you anyway for approv-
al...
Mr. Schwartz: Once this establish the program.
Mayor Suarez: However ... you know, however, the Commission wants to do it. I
know sometimes we want to keep certain rights to ourselves for later building
into these projects, and we may or may not get around to doing it and forget
it, or otherwise, get left out of the process. However the Commission wants
to go on it. I just want to make sure that we have some say in the tenant
selection. I... for the moment...
Ms. Kennedy: I don't know...
Mayor Suarez: ...unless a Commissioner moves the item, we can table it
pending consideration of the Housing Authority item. However you want to go.
Commissioner?
22 April 10, 1986
Mr. Odio: We need to pass this.
Ms. Kennedy: I was going to say, I don't know if creating the new Housing
Authority is the answer. I'm going to wait until that, but out of deference
to Commissioner Dawkins, as Commissioner Plummer, pointed out, I'm willing to
defer it.
Mr. Plummer: Like wise.
Mr. Bailey: May I just make a statement, and whatever, this Commission
decides we will abide by that, but by passing this item, and I'm not saying
voting on it, I'm saying passing it, does not preclude any other involvement
on the ---any agency that we put in place. We are only trying to set up the
program so that we can work out procedures, and come back before this Commis-
sion with recommendations, and as long as we delay this, then our procedures
and the developers are still waiting ... We, you know, have gone through a
tremendous process of negotiation and buying land, and we are getting ready to
demolish land. We are trying to get financing in place. We have the Tax
Reform Bill staring us in the face, and the longer we wait, it jeopardizes
what we have already approved in terms of these four developers who have
indicated in every way that they are willing to go through with this project
regardless. I really wish we could -pass this...
Mayor Suarez: Did you say four developers, Herb? Which are the four?
Mr. Bailey: We have four developers, yes.
Mayor Suarez: We have Miami... I mean, Indian River...
Mr. Bailey: Indian River, Circa Barness, Can -American Limited and John Cruz,
and Mr. Cruz, is here today. He was one of the developers who came in...
Mayor Suarez: I thought Cruz was Indian River?
Mr. Bailey: No, Indian River is Mr. Weitzel, Ted Weitzel, and they are
ready... the land that they have been allocated from this Commission is being
prepared for them to start development as soon as we can get some of this
financing in place, and they have some indication that we are going through
with what we previously promised, to try to make every effort to provide
financing so that we can get started, and I really wish we could pass this one
today. We can do whatever we want to do with the Housing Agency. We can wrap
it around, but I don't think one is dependent upon the other, but one does
support the other.
Mr. Plummer: Well, but I guarantee you if this program was in place and this
was available to the developers, that related housing would not have an issue
on here today to withdraw their application.
Mr. Bailey: Well, may I respond to that. Now, you brought that up and I
didn't respond to it. We ... the related housing issue on the convention
facility and the Melrose was bided out by the County. It was the County's
Attorney who ruled that any additional money that was not previously indicated
in their RFP would be a violation of the RFP and would have to be rebided. We
did not do t:,at. That was bided out by the County and not by the City of
Miami.
Mr. Plummer: Well, in other words, it's all right for the County to do that,
but it's not right for us to do it?
Mr. Bailey: Well, that's not the case Commissioner. We...
Mr. Plummer: No, no, the premises is on the RFP.
Mr. Bailey: We included in our RFP the provision whereby you would have the
flexibility to do that. The County did not include that flexibility in their
RFP and hence, when related housing came back for additional assistance it was
an illegal act.
23 April 10, 1986
r
Mr. Plummer: Between now and the time that this is voted upon at the next
meeting. I would like you to furnish me a copy of the bond indenture, to see
what did the public vote upon, whether or not it was proposed in that bond
issue that the flexibility which you are asking for here today was contained,
and they understood when they voted upon this.
Mr. Bailey: We will be glad to do that. In fact, we have available today an
opinion from bond counsel, relative to that bond issue, that's in writing from
them. We can let you have that today, it should be a part of your packet, but
we will come back at the next Commission meeting, or we will provide you with
that today. We have an opinion from bond counsel.
Mr. Plummer: OK.
Mayor Suarez: That's on the general obligation housing bonds?
Mr. Bailey: On the using of these monies in the fashion that we are asking
you to let us use them today.
Mr. Schwartz: Right. There is a letter from Brown Wood Ivy included with
Item 19.
Mayor Suarez: We saw that, yes.
Mr. Schwartz: I just want to add one other item is that the Dade County
Surtax Board, yesterday, approved the utilization of a hundred fifty units for
rental housing as part of this in conjunction with the City funds, which is
worth about three to three and a half million dollars.
Mayor Suarez: Is that limited to any particular area of the City? That's not
limited to Southeast Overtown/Park West is it? The name is getting so long it
takes...
Mr. Schwartz: It's limited to publicly owned lands in Southeast Overtown/Park
West that they approved yesterday. So, it's really the three... three of our
developers could tap into it.
Mayor Suarez: All right, I would be ready to vote on the item, but I gathered
from the Commission that they would like to have some more discussion of the
whole issue of our taking certain functions of the Housing Authority and
having more of a say as to tenant selection and so on and ... Is that the
Commission's pleasure, if someone want to move the item.
Mr. Plummer: I will move that this be delayed until the next meeting.
Mr. Carollo: Second.
Mayor Suarez: Moved and seconded, and hearing no further discussion from the
Commission...
Mr. Plummer: That's 19 and 20.
Mayor Suarez: I'm sorry, did you move to have it considered later on in the
day?
Mr. Plummer: No, at the next meeting, to give them time to bring this stuff
back.
Mr. Odio: 22nd.
Mr. Plummer: Yes.
Mr. Dawkins: And when you bring it back, Section 4, should read, "The loans
under this program will be repaid within a ten year period," not no "shall",
"maybe" or "could be" in fifteen years.
Mr. Plummer: Making it mandatory.
Mr, Dawkins: Mr. Mayor?
24 April 10, 1986
Mr. Odio: Mr. Mayor?
Mayor Suarez: There could be a difference between fifteen and ten years. Do
you want to be so specific as to dictate ten years...
Mr. Dawkins: Ten years. Ten years. Mr. Mayor?
Mayor Suarez: Do you accept the friendly amendment, Commissioner?
Mr. Plummer: Sure.
Mayor Suarez: Moved and seconded, any further discussion from the Commission?
Please call the roll.
THEREUPON a motion was made by Commissioner Plummer and seconded by
Commissioner Carollo, to defer Item Nos. 19 and 20 to the next Commission
meeting, and was passed and adopted by unanimous vote.
Mayor Suarez: I know why he made it ten years, you plan on being around long
enough to be able to use the monies again after ten years, right?
Mr. Dawkins: Right.
9. APPOINT MARIA C. BARRIOS TO COMMITTEE TO ADMINISTER LOANS TO MINORITY
BUSINESSES IN CONNECTION WITH BAYSIDE SPECIALTY CENTER.
Mr. Dawkins: Mr. Mayor, I have three things here I would like to do please?
Mr. Gary, is working for himself. He no longer feeds at the public trough, so
he has to get out here and earn a living, and he does have an item, I would
like to move his item out of order so that he can go back to work.
Mayor Suarez: In deference to the prior City Manager, which is the item?
Mr. Odio: 45.
Mayor Suarez: Let's take up Item 45.
Mr. Howard Gary: Mr. Mayor and members of the Commission,...is this thing on?
Mayor Suarez: Have you registered as a lobbyist under our new ordinance?
Mr. Gary: No, I'm not a lobbyist yet, but I would like to be.
Mayor Suarez: You are not being compensated for this? I don't know that that
ordinance is in effect. Is it? It's not in effect?
Mr. Odio: No.
Mayor Suarez: You can take us out to lunch and you don't have to tell anybody
about it.
Ms. Kennedy: Which side do you like to be in, Howard?
Mr. Gary: You know, I expected once I got on this side of the podium I would
be treated a little better, you know.
Mr. Plummer: Let me tell you when Howard Gary, spends a hundred dollars for
any kind of lunch, I want to be there.
Mayor Suarez: Mr. Gary, please go ahead. We will promise...
Mr. Plummer: Davis Cafeteria at three ninety—nine.
Mayor Suarez: I promise, not too many interruptions.
25 April 10, 1986
Mr. Gary: Thank you for taking me out of order. What I have before you is a
resolution basically, for the establishment of the Rouse Minority Foundation.
As a part of the agreement that the City signed with the Rouse Company, they
are required to establish a minority foundation, which in effect will be a
foundation ---a not for profit foundation, thct will utilize at least ten
percent ---a maximum of ten percent of net available revenues for distribution
for the establishment of a foundation to assist minority business enterprises
in the following manners: basically, to assist them in venture capital;
secondly, to set up a scholarship fund; and thirdly, to basically assist
minority business enterprises which the City currently does now in terms of
assisting C.B.O.s' and providing technical assistance for them. The details
of the program and the criteria that has to be established for this program
has not been established until the committee or the foundation is established.
We are anxious of establishing the program immediately, so that once Rouse
begins to earn income, we can begin to provide money to these minority busi—
ness enterprises. I would also like to say that your five members in addition
to the five members appointed by Rouse we'll select another five members that
will be from the various communities, and I am urging that each one of you
makes your appointment today, so that we begin this process.
Mayor Suarez: Would you state for the record, so we know who are the five
members since they have already been appointed by the Rouse Company.
Mr. Gary: The Rouse Company plans to appoint Mr. Ronald Frazier, Mr. T.
Willard Fair, Mr. Pedron, Mr. Jose Alonso Bravo and possibly Dorothy Weaver.
Mr. Plummer: You want each one of us to make an appointment?
Mr. Gary: Yes.
Mayor Suarez: OK. Commissioners, do you have ready nominations or appoint—
ments? I guess they are really not nominations, they are appointments. We
get one each.
Mr. Dawkins: Yes, but I thought we were going to accept his five and come
back.
Mayor Suarez: No, I just want it for information. We don't get to accept or
reject your five, I don't believe.
Mr. Dawkins: No.
Mr. Gary: No, you make your five. We need your five appointments, and the
five of Rouse along with your five appointees will appoint five additional
people.
Mr. Carollo: Howard, can you hold off on these appointments until maybe early
next week sometime?
Mr. Gary: That will be fine.
Mr. Carollo: For me personally, I would like to review, you know, the back—
ground and resumes of some of the people that have showed some interest in
this.
Mr. Gary: OK. That will be fine.
Mayor Suarez: Does any Commissioner want to go ahead and make your appoint—
ment now, as long as we are at it so we can get started with the foundation?
I will nominate mine. Otis Pitts.
Mr. Dawkins: I nominate mine. Raul Masvidal, that's mine.
Ms. Kennedy: No comments.
Mr. Carollo: Well, and I was going to nominate Raul, but...
Mr. Plummer: Under that thinking should I nominate Ferre?
26 April 10, 1986
Ms. Kennedy: Let's bring back the old incumbents. I will nominate Demetrio.
Mr. Carollo: Don't look at me. I'm not going to nominate Marvin Dunn.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr. Dawkins: Hold off, I have to see if Mr. Masvidal will accept, because
this ... you know... if he will accept, he will be my nominee.
Ms. Kennedy: But if we nominate Demetrio, we will need a translator too. I
will nominate mine, Maria Cristina Barrios.
Mayor Suarez: Any other nominations? Commissioners want to reserve theirs
for later?
Mr. Plummer: Mr. Mayor, I think it would just be a...I want to reserve mine,
and I think it would just be appropriate to go ahead and let the Commissioner
submit his name afterwards. Joe, and I are the only ones not making a nomina-
tion.
Mr. Carollo: That's correct.
Mayor Suarez: We have...
Mr. Gary: Mr. Mayor and members of the Commission, if you submit the names to
the City Manager, I will be in contact with the City Manager to get those
appointees.
Mayor Suarez: Thank you, Howard.
Mr. Gary: Thank you very much for your time.
Mayor Suarez: If you have any ... or if the Rouse Company has any particular
recommendations on criteria, we have a pretty good idea, I think, of what we
want to do, but we...at least in my case, I will be more than willing to
consider what they would like to ---who they are looking for, what kind of
people they are looking for. I have an idea, you know, of what I want to do,
but...
Mr. Gary: Well, I can tell you that I have drafted some preliminary bylaws
and basically, the person must be 18 years of age, either reside or work in
the City of Miami, and obviously, not be a criminal of any sort. Those are
basic criterions that we want to limit the Commission or Rouse for the appoin-
tees.
Mayor Suarez: All right, sir.
Mr. Gary: I would like to also say too, that your five appointees could be
from the community or not from the community, because the ten, your five plus
Rouse's five, have to appoint five people from the community.
Mayor Suarez: By the way, they won't have in any way exclusive jurisdiction
to determine who gets the loans, or who is selected as tenants or anything to
that effect?
Mr. Gary: No, this has nothing to do with the tenancy. This is basically
similar to the Ford Foundation, where you take a percentage of the profits and
you put it into a non-profit corporation to assist community minority based
organizations. They have an option once the board gets established, to use
some of. the money for the minority business at Rouse, but the original intent
was to use that money within the communities themselves a,:d not in the Rouse
project. So, it has nothing to do with the tenants at the Rouse Project, and
your appointees will be making decisions on the allocation of those funds.
Thank you for your time.
Mayor Suarez: Thank you, Mr. Gary. We go back to Item 20...
Mr. Dawkins: No, wait, I have another one please, Mr. Mayor.
Ms. Hirai: Mr. Mayor?
27 April 10, 1986
Mr. Dawkins: Will the people from the Maceo Group come to the mike.
Ms. Hirai: Excuse me, Mr. Mayor?
Mr. Odio: Well, it depends on which Maceo you are talking about.
Mr. Plummer: You didn't call the vote on 45.
Ms. Hirai: Mr. Mayor, I need a move and a cacond and a roll call on those
appointments.
Mayor Suarez: It doesn't seem like we have to take a vote on it from what Mr.
Gary said. Do we have to take a vote on it, or do we just submit our names to
the foundation for...
Ms. Hirai: We have a prepared resolution on it.
Mr. Odio: She is right.
Mr. Plummer: I will move it.
Mr. Carollo: Second.
Mayor Suarez: Let me before you do that then, I withdraw my nomination, and I
will reconsider mine for proposal at the next meeting.
Mr. Odio: OK.
Mayor Suarez: We still have... Commissioner Kennedy, you have got your -
nomination pending?
Mr. Dawkins: We have got 8. Could we take 8 off the table, Mr. Mayor,
please?
Mayor Suarez: Yes. Let me just clarify. Do you still have your nomination?
Mr. Dawkins: No, I don't have it.
Mayor Suarez: OK. We only have one pending, Maria Cristina Barrios, and we
will take a vote on that. Call the roll please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-255
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 Carollo, the resolution was passed
and adopted by the following vote-
28 April 10, 1986
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
10. DEFER ORDERING MANOR HIGHWAY IMPROVEMENT -PHASE IV H-4519 UNTIL PUBLIC
HEARINGS ARE HELD.
Mayor Suarez: We still have 8 set aside from the Consent Agenda, if you want
to take that up.
Mr. Don Cather: This item is the continuing improvement of the Manor Highway,
Manor area. This is Phase IV. We have completed Manor I, II, and III. The
ordering resolution simply puts the property owners on notice that we intend
to improve these streets. Once this item is passed, we will then send out
notices to each property owner advising him of what streets are going to be
built and then at the confirmation a public hearing will be held at the
confirmation, but this is the first step ---the official notice that this is a
proposed project for improvement in that area.
Mr. Dawkins: Did you notify the residents in that area that you are going to
do this?
Mr. Cather: No, sir. Once you approve this, then we will notify...
Mr. Dawkins: No, I am not approving nothing. I live right on 50th Street.
Mr. Cather: I'm fully aware of that, sir.
Mr. Dawkins: All right, now, north of 54th Street, nobody paid nothing, and
now you ---when you get in my neighborhood, you are going to do it with G.O.
Bonds, which you are going to take my tax dollars to retire, then you are
going to come back and assess me another fee, you are going to make me pay
twice when some people out there got it paying nothing. So, I'm just one
person.
Mr. Cather: Manor I, II and...
Mr. Dawkins % Mr. Manager, I would like for you to have a public hearing at
Allapattah Junior High School, and notify the affected residents, so that they
can come out and voice their opinions on this and bring it back.
Mr. Odio: Yes, sir.
Mayor Suarez: You have no problem with me on that. I have exactly the same
concern about neighborhoods being torn up without their being consulted in
advance, and I would certainly go along with that motion. Do we have a second
on that?
Ms. Kennedy: Second.
Mr. Plummer: Well, it's already deferred.
Mr. Odio: You don't need a second, I will just do it.
Mayor Suarez: It's already deferred?
Mr. Plummer: Yes.
Mayor Suarez: All right, do we need a motion to have the hearings or just...
29 April 109 1986
t
t
Mr. Odio: No, sir
Mayor Suarez: It is so indicated to you?
11. RENAME ANTONIO MACEO PARK (COMMONLY KNOWN AS "DOMINO PARK") AS "MAXIMO
GOMEZ PARK".
Mr. Dawkins: OK. I would now like to hear from the people from Maceo Park
please.
Mayor Suarez: Which item is that Commissioner?
Mr. Dawkins: That's a pocket item of mine please.
Mr. Odio: This is the real Antonio Maceo here, not the other...
Mr. Dawkins: No, Oh, no. I got it scheduled, right?
Mr. Plummer: No, no, it's an emergency measure, not a Pocket Item.
Mayor Suarez: Yes, please.
Mr. Carollo: Yes, if it makes you feel better, emergency measure.
Mayor Suarez: Yes, it does make me feel a lot better, particularly since I'm
the one that decides whether we hear it or not.
Mr. Dawkins: Which number is it?
Mayor Suarez: Do we have it as a discussion item?
Mr. Carollo: We will just call them all emergencies.
Mr. Dawkins: What's the number? What's the number?
Mr. Odio: Sir, excuse me,...
Mayor Suarez: Do we have this as an agenda item, the discussion?
Mr. Odio: On Maceo? No, sir.
Mr. Dawkins: No, it's not on, because I didn't put it on.
Mr. Odio: No, it is not.
Mr. Dawkins: That's why I'm bring it up as a pocket item.
Mr. Carollo: Well, Commissioner, you have the right to bring up pocket items.
Mayor Suarez: What do you want us to consider in regards to this today,
Commissioner Dawkins?
Mr. Dawkins: Naming... making the park official, the name, so that we
can...you come up and tell us what you want.
Mr. Odio: No, well that was done, Commissioner. You named the park Antonio
Maceo.
Mr. Dawkins: OK. Well, then ---so we are finished with that.
Mr. Odio: Yes, sir. The only question was whether we would name...
Mr. Plummer: Domino.
30 April 10, 1986
Ohl I
Mr. Odio: ...Domino Park something else? That was the only question pending.
Mr. Dawkins: Oh, OK.
Mr. Carollo: Well, the reason I asked that Domino Park as it's called would
not be officially named Domino Park, because I think that it would be more
fitting if we would consider naming that park after Maximo Gomez.
Mr. Odio: Fine. That's a good idea.
Mr. Carollo: And that would be my recommendation to the Commission.
Mr. Dawkins: Well, my nomination is J. L. Plummer.
Mr. Plummer: No, no, no, I don't play domino.
Mr. Odio: That's the size of park he needs.
Mayor Suarez: Yes, well, we need a lot bigger park. I was going to say the
opposite.
Ms. Kennedy: Listen, just because there is a Kennedy Park, you don't have to
get carried away.
Mr. Dawkins: I would second, Commissioner Carollo's motion.
Mayor Suarez: You want to make the size of the park with your name about the
size of the salary of the City Manager, Commissioner Plummer?
Mr. Odio: That's about right.
Mr. Plummer: You mean the Manager of the month?
Mr. Dawkins: And we have to submit it to the ... what board, J. L.?
Mr. Plummer: The Memorial.
Mrs. Dougherty: There is no Memorial Board.
Mr. Dawkins: Memorial Board, so with the amendment I second it, to send it to
the Memorial Board.
Mr. Odio: OK. So, the other one was done now, so we will name Maximo Gomez,
the one that used to be Maceo.
Mr. Carollo: Exactly, I think it's only fitting that after having the name of
such a distinguished individual as in Maceo, that we should name the park
after another distinguished individual.
Mr. Odio: And as you know, well...but Gomez died with Antonio Maceo, so it's
very fitting.
Mr. Carollo: That's correct.
Mr. Dawkins: OK. All right.
Mr. Carollo: One additional comment, if I can make it for the record, if the
Committee that's appointed by us does not want to go ahead and approve the
naming of this park after Maximo Gomez, that's fine, that's their right, but I
would hope that they would refrain, like happened recently, from making
additional remarks that are quite improper.
Mayor Suarez: Thank you, Dr. Maceo. We have done according to your wishes,
and I, on the renaming of Domino Park, we have got a motion and a second.
Hearing no further discussion from the Commission, please call the roll.
31 April 10, 1986
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-256
A RESOLUTION NAMING ANTONIO MACEO MINI PARK LOCATED AT
144 SOUTHWEST EIGHTH STREET, THE-MAXIMO GOMEZ MINI
PARK', DIRECTING THE CITY CLERK TO FORWARD A COPY OF
THIS RESOLUTION TO AFFECTED CITY AGENCIES.
(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.
12. EMERGENCY ORDINANCE: ESTABLISH FUND: "SUMMER YOUTH EMPLOYMENT AND TRAIN-
ING PROGRAM - 1986/JTPA II-B" (See label #5)
Mr. Odio: Mr. Mayor, may I request that we could approve 15, and with the
orders to bring back the ---who will do the actual contract. That we approve
the receiving of the funds and getting the funds for the youth programs, and
then to come back to you with who will do the actual contract...
Mr. Plummer: I have no problem with that.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded...
Ms. Kennedy: I think that there are few programs that are more important to
the City of Miami like that one in which our youth is provided jobs and
training. I think it's great.
Mr. Odio: Yes, Ma'am...
Mr. Plummer: Well, all we are doing is accepting the money. We are not doing
16.
Ms. Kennedy: Yes, OK.
Mr. Odio: We need to ... OK.
Mayor Suarez: We are not specifying who is going to administer it, or have
the budget until we are satisfied on all of that..
Mr. Odio: No. The City will administer until you decide who will do it.
That's what we have decided.
Mayor Suarez: Read the ordinance please. Call the roll please.
32 April 10, lg�b
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM - 1986/JTPA II-B", APPROPRIATING
FUNDS FOR ITS OPERATION IN THE AMOUNT OF $960,500 FROM
THE UNITED STATES DEPARTMENT OF LABOR; AUTHORIZING THE
CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE UNITED
STATES DEPARTMENT OF LABOR AND TO ENTER INTO THE
NECESSARY CONTRACT(S) AND/OR AGREEMENT(S) FOR THE
ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVI-
SION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the follow-
ing vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10091.
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.
13. SECOND READING ORD: ESTABLISH RESOURCES AND APPROPRIATIONS FOR LAW
ENFORCEMENT TRUST FUND.
Mayor Suarez: OK. Which is the next item that we...
Mr. Odio: 21.
Mayor Suarez: 21?
Mr. Odio: Yes, sir, that's the appropriating ... this is a housekeeping of five
hundred forty-nine thousand eight hundred seventy-seven dollars into the Law
Enforcement Trust Fund. This has been for future actions against sieged
properties initiated by the Police Department. The now amount that... the
total amount that we have in the account now is two million four hundred
forty-six thousand seven hundred two, and I will provide to you later today a
list of how the monies have been spent that have gone through the Law Enforce-
ment Trust Fund. So,...
33 April 10, 1986
Mr. Plummer: What is this ... you are asking us to do what with this resolu-
tion?
Mr. Odio: It's a housekeeping account just to place the money into the Law
Enforcement Trust Account.
Mr. Plummer: I move it.
Mr. Carollo: Second.
Mayor Suarez: Moved and seconded, any further discussion from the Commission?
Do we need to read the ordinance?
(AT THIS POINT THE CITY ATTORNEY READS THE TITLE OF THE ORDINANCE INTO THE
RECORD).
Mr. Dawkins: Under discussion, Mr. Mayor.
Mayor Suarez: Commissioner?
Mr. Dawkins: Mr. Manager, is it possible to purchase two vans with some t.v.
cameras that could be stationed in these areas where drugs are sold and...
Mr. Odio: Yes, sir.
Mr. Dawkins: ...with this money?
Mr. Odio: Yes, sir. By the way, you know, that the van ... we have a prosti-
tute van now working on 79th Street and I asked the Police...
Mr. Carollo: Well, can you rephrase that, Mr. Manager. Can you rephrase
that?
Mr. Odio: That didn't ... All right, OK.
Mr. Dawkins: Operating on 79th Street.
Mr. Odio: And I asked the Police Department two days ago and they tell me
that the customers are not coming because the T.V. camera is working and they
do not like to be on, you know, photographed when that's happening. So, they
are moving away, and it is working...
Mr. Dawkins: Well, we need about two more, because see that one is only
stated in Northeast Miami. We need one that can roam the Grove, and Little
Havana, and one that can roam Overtown, and Liberty City, and take pictures.
OK. Thank you.
Mr. Odio: Yes, sir. We will follow up and buy them.
Mr. Dawkins: No, further discussion, Mr. Mayor.
Mr. Carollo: I think that's one of the better ideas that the Police Chief has
had, when he suggested to the Commission that we do that. He should be
complimented on it.
Mayor Suarez: Have we read the ordinance?
Ms. Dougherty: Yes.
Ms. Hirai: We need to call the roll on it.
Mayor Suarez: Please call the roll then.
34 April 10. 1986
•
It
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 10021 ADOPTED ON
JULY 18, 1985 ESTABLISHING RESOURCES AND APPROPRIA-
TIONS FOR THE LAW ENFORCEMENT TRUST FUND RECEIVED AND
DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED
APRIL 9, 1981 WHICH CREATED SAID FUND, BY INCREASING
THE RESOURCES AND APPROPRIATIONS IN THE AMOUNT OF
$549,877 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN
SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS;
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 Plummer, 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. 10092.
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.
14. SECOND READING ORD: ISSUANCE OF $30,000,000 HIGHWAY IMPROVEMENT BONDS
Mr. Odio: Item 22, sir, is a second reading, could you pass that? That's to
be able to remove the schedule of maturities to save money in the repayment by
buying into lower interest.
Mayor Suarez: It's just changing the table of maturities? We passed it on
first reading after much discussion on it.
Ms. Kennedy: Move it.
Mayor Suarez: Moved. Do we have second?
Mr. Carollo: Second.
Mayor Suarez: Moved and seconded, any discussion from the Commission?
Hearing none, please call the roll.
Mr. Dawkins: See under discussion. This is what I'm saying. This is a
thirty million dollar bond that's being sold, Mr. Mayor, and those of us who
live in the City of Miami, we have got to pay this bond off, and this is
highway improvement. Now, they are going to come in front of my house, fix
the streets, I have got to retire this bond and then tax me for the improve-
ment. That's unfair. Call the roll, Mr. Mayor.
35
April 10, 1986
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1, OF ORDINANCE 9129,
WHICH AUTHORIZES THE ISSUANCE OF $30,000,000 PRINCIPAL
AMOUNT OF STREET AND HIGHWAY IMPROVEMENT BONDS OF THE
CITY OF MIAMI, FLORIDA, BY STRIKING THE TABLE OF
MATURITIES AND RELATED LANGUAGE WHILE RETAINING THE
OVERALL MATURITY OF THREE (3) TO TWENTY (20) YEARS,
INCLUSIVE, OF SUCH BONDS AS APPROVED BY THE VOTERS OF
THE OCTOBER 7, 1980, BOND ELECTION AUTHORIZED BY
ORDINANCE NO. 9131.
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 Carolio, 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. 10093.
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.
15. SECOND READING ORD: ISSUANCE OF $45,000,000 SANITARY SEWER BONDS.
Mayor Suarez: Item 23, similar.
Mr. Odio: It's similar, yes, sir.
Mayor Suarez: I'm sorry?
Mr. Odio: It's the same as before.
Mayor Suarez: OK. Changing the maturity schedule for forty-five million
dollar sanitary sewer bonds and I, like Commissioner Dawkins, continue to
express my concerns that we do this in places where the neighbors don't want
certain improvements. So, we will be keeping an eye on you every time you
propose a project, but other than that, I have no problems with changing the
maturity schedule. Please call the roll. No, I'm sorry, we need...
Ms. Kennedy: Move it.
Mayor Suarez: Read the ordinance.
Mr. Dawkins: Mrs. Kennedy moved, I seconded.
Mayor Suarez: It's been moved and seconded, please call the roll.
36 April 10, 1986
f.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1, OF ORDINANCE 9128,
WHICH AUTHORIZES THE ISSUANCE OF $45,000,000 PRINCIPAL
AMOUNT OF SANITARY SEWER BONDS OF THE CITY OF MIAMI,
FLORIDA, BY STRIKING THE TABLE OF MATURITIES AND
RELATED LANGUAGE WHILE RETAINING THE OVERALL MATURITY
OF THREE (3) TO TWENTY (20) YEARS, INCLUSIVE, OF SUCH
BONDS AS APPROVED BY THE VOTERS BY THE OCTOBER 7,
1980, BOND ELECTION AUTHORIZED BY ORDINANCE NO. 9130.
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 Dawkins, 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. 10094.
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.
16. SECOND READING ORD: APPROPRIATIONS NECESSARY DUE TO ADMINISTRATIVE
REORGANIZATION.
Mayor Suarez: Item 24.
Mr. Odio: It's a second reading on the housekeeping account to the organiza-
tional realignments, and we had to reorganize this within the General Fund
also, at the proper allocations, sir.
Mr. Plummer: 24?
Mr. Odio: Yes, sir.
Mr. Plummer: I move it on second reading.
Mayor Suarez: Moved on second reading.
Ms. Kennedy: Second.
Mayor Suarez: Moved and seconded, you want to read the ordinance please, Bob?
Please call the roll.
37 April 10, 1986
0
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 1,2,4 AND 6 OF ORDI-
NANCE NO. 10,039 ADOPTED SEPTEMBER 17, 1985, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1986, BY MAKING CHANGES TO SAID
ANNUAL APPROPRIATION ORDINANCE NECESSARY DUE TO
CERTAIN ADMINISTRATION MEASURES TAKEN BY THE CITY
MANAGER AND AS A RESULT OF REORGANIZATIONAL ORDINANCES
ADOPTED BY THE CITY COMMISSION AT ITS JANUARY 9 AND
23, 1986 CITY COMMISSION MEETINGS: ORDINANCE NOS.
10067, 10068, 10069, 10070, 10071 AND 10076; ELIMINAT-
ING THE APPROPRIATION FOR THE OFFICE OF PUBLIC INFOR-
MATION AND THE OFFICE OF INTERGOVERNMENTAL AFFAIRS;
INCREASING THE APPROPRIATION FOR THE DEPARTMENT OF
MANAGEMENT AND BUDGET; TRANSFERRING THE APPROPRIATION
FOR THE CONVENTION BUREAU TO THE DEPARTMENT OF CONFER-
ENCES AND CONVENTIONS; TRANSFERRING THE APPROPRIATION
FOR ECONOMIC DEVELOPMENT, INTERNATIONAL TRADE PROMO-
TION, THE OFFICE OF SOUTHEAST OVERTOWN/PARK WEST, AND
THE OFFICE OF CAPITAL IMPROVEMENTS TO THE DEPARTMENT
OF DEVELOPMENT; DECREASING THE APPROPRIATION FOR THE
FINANCE DEPARTMENT; INCREASING THE APPROPRIATION AND
REVENUE IN THE INTERNAL SERVICE FUND IN THE SAME
AMOUNT TO ESTABLISH THE DIVISION OF PURCHASING AS AN
INTERNAL SERVICE OPERATION; DECREASING THE APPROPRIA-
TION FOR THE PARKS AND RECREATION DEPARTMENT; INCREAS-
ING THE APPROPRIATION FOR THE PUBLIC WORKS DEPARTMENT;
INCREASING THE APPROPRIATION FOR THE DEPARTMENT OF
INTERNAL AUDITS AND REVIEWS; DECREASING THE APPROPRIA-
TION FOR THE DEPARTMENT OF PERSONNEL MANAGEMENT; AND
INCREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND
ACCOUNTS; FURTHER CHANGING DEPARTMENTAL NAMES, AND
OFFICES IN SAID ORDINANCE AS APPROVED BY THE CITY
COMMISSION AND CITY MANAGER; 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 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. 10095.
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.
38 April 10, 1986
17. SECOND READING ORD: ESTABLISH FUND: "PRESCHOOL PROGRAM"
Mayor Suarez: Item 25.
Mr. Odio: This is...
Mayor Suarez: Another second reading?
Mr. Odio: ...an accounting entry of receiving a hundred thousand dollars for
the preschool. That is the total of the appropriation. There is no City
funds involved in this.
Mr. Dawkins: Move it.
Ms. Kennedy: Second.
Mayor Suarez: Moved, seconded, thirded, read the ordinance and call the roll
please. You do that better than Lucia, Bob. Call the roll.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND
ENTITLED: "PRE-SCHOOL PROGRAM" AND APPROPRIATING FUNDS
FOR ITS OPERATION IN THE AMOUNT OF $100,000 COMPOSED
OF REVENUES COLLECTED FROM PARTICIPATION FEES AND
DESIGNATED FOOD REIMBURSEMENTS FROM THE UNITED STATES
DEPARTMENT OF AGRICULTURE FOOD PROGRAM DURING FISCAL
YEAR 1985-86, 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 Dawkins, 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. 10096.
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.
39 Apr$1 10, 1986
18. SECOND READING ORD: COMBINE DEPT. OF PARKS AND RECREATION TO FORM THE
PARKS AND RECREATION DEPARTMENT.
Mayor Suarez: Item 26...
Mr. Plummer: Move it.
Mayor Suarez: ...of house cleaning, updating of the Code.
Mr. Dawkins: Second.
Mayor Suarez: Second reading, it's been moved and seconded, hearing no
further discussion from the Commission please, call the roll. Read the
ordinance. Call the roll please.
AN ORDINANCE -
AN ORDINANCE REPEALING SECTIONS 2-186, 2-187, 2-188,
2-197, 2-198, AND 2-199 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AND ADOPTING NEW CODE
SECTIONS 2-89, 2-190, AND 2-191 THEREBY COMBINING THE
DEPARTMENT OF PARKS AND THE DEPARTMENT OF RECREATION
INTO A SINGLE DEPARTMENT TO BE KNOWN AS THE PARKS AND
RECREATION DEPARTMENT; PROVIDING FOR THE APPOINTMENT
OF A DIRECTOR BY THE CITY MANAGER; PRESCRIBING THE
FUNCTIONS AND DUTIES OF THE DEPARTMENT; FURTHER
PROVIDING THAT ALL REFERENCES IN THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TO THE DEPARTMENT OF
PARKS AND/OR TO THE DEPARTMENT OF RECREATION SHALL BE
DELETED THEREFROM AND WHEREVER ANY REFERENCE TO THE
DEPARTMENT OF PARKS AND/OR THE DEPARTMENT OF RECRE-
ATION SHALL APPEAR IN SAID CODE, SAID REFERENCE SHALL
BE DEEMED TO BE A REFERENCE TO THE PARKS AND RECRE-
ATION DEPARTMENT; 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 Plummer, 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: 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. 10097.
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.
40 April 10, 1986
sYy
I
19. SECOND READING ORD: ABOLISH TOURISM PROMOTION DEPARTMENT
Mayor Suarez: Could these items have been included as part of the Consent
Agenda? Can we do that with ordinances?
Mr. Odio: No, sir, I couldn't...
Mr. Plummer: No, not ordinances.
Mr. Clark: No, you have to read Lihe ordinances, you don't have to read the
resolutions.
Mr. Plummer: You can't include an or,iinance.
Mr. Odio: I wish.
Mayor Suarez: Item 27, then.
Mr. Plummer: Move it.
Ms. Kennedy: Second.
Mayor Suarez: It's a second reading of another ordinance which does something
that we really had done a long time before, it just hasn't been formalized.
Mr. Odio: 1978 or 79, Mayor.
Mayor Suarez: Read the ordinance and call the roll. Call the roll please.
AN ORDINANCE -
AN ORDINANCE AMENDING THE CODE Of THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY REPEALING IN THEIR ENTIRETY
CODE SECTIONS 2-156, 2-157, AND 2-158 OF SAID CODE TO
FORMALLY ABOLISH THE TOURIST PROMOTION DEPARTMENT;
FURTHER PROVIDING THAT ALL REFERENCES IN THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO THE TOURIST
PROMOTION DEPARTMENT SHALL BE DELETED THEREFROM ;
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 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. 10098.
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.
41 April 100 1986
20. FIRST READING ORD: CHANGE RATE SCHEDULE OF MIAMI CONVENTION CENTER.
Mayor Suarez: Item 29, first reading.
Mr. Plummer: Move it.
Ms. Kennedy: Second.
Mayor Suarez: Moved and seconded, under discussion. What is &...can you give
me a rough idea of how much we are increasing the rates for the use of the
Convention Center here?
Mr. Plummer: Thirty-five thousand.
Mr. Odio: We are increasing the ... the total revenue will be an additional
thirty-five thousand dollars. We are now making about three hundred forty-six
thousand five hundred dollars. We have to increase a bit a the time to be
competitive.
Mayor Suarez: Could we be shooting at our foot here with this by increasing
rates and... No.
Mr. Odio: No, sir. We will...
Mayor Suarez: We are not going to be pricing ourselves out of the market?
Mr. Odio: No, sir, we are not.
Mr. Dawkins: What does the rooms at the Omni cost, meeting rooms?
Mr. Odio: The same meeting rooms? Tony, can you answer that.
Mr. Dawkins: Same area of meeting rooms.
Mr. Tony Pajares: Commissioner, there is a comparable table of rates in the
back of the...
Mr. Dawkins: I don't have time to read it. Would you tell me where we stand
please?
Mr. Odio: Just tell him.
Mayor Suarez: How do we do comparatively to the Omni and similar...
Mr. Plummer: Are we more? Are we less?
Mr. Pajares: We are approximately the same.
Mr. Dawkins: Thank you.
Mayor Suarez: Under the new rates?
Mr. Pajares: Yes, sir.
Mayor Suarez: OK, Tony.
Mr. Odio: But remember we have to keep eating away at that deficit.
Mayor Suarez: Oh, yes.
Mr. Plummer: We have got a lot of eating to do.
Mayor Suarez: Oh, yes, we have got a lot of eating to do. That's right.
Mr. Plummer: Mr. Mayor, just for you edification and the other members of the
Commission, as you know, I head up a committee for the Exhibition Center. We
42 April 10, 1986
have definitely set a time schedule in which we will have a recommendation as
requested to this Commission no later than the 1st of June.
Mayor Suarez: On the possible location...
Mr. Plummer: The recommendation of the Committee on a possible location and
in somewhat of a plan.
Mayor Suarez: And what was it ---the time table more or less?
Mr. Plummer: We will be completed and a recommendation to you prior to the
1st of June. We are targeting the May 22nd meeting, but we are not sure that
we can make that. We are cutting off all proposals at the end of April. We
will then deliberate as a committee between the 1st and the 15th and hopeful-
ly, come out with a recommendation prior to the 22nd, but no later than June
lst .
Mayor Suarez: Since you mentioned that, I want to just clarify. It obvious-
ly, doesn't hinder your efforts for us to try to get any kind of financial
help we can from the Legislature. Is that correct, during Legislative ses-
sion?
Mr. Plummer: Oh, no. Much to the contrary, it would be of great help because
the City's portion of any of the involvement would be a great help.
Mayor Suarez: That's good to hear, that by the end of May, we may have a
report because of the incredible urgency of the matter. We can call the roll
at this point, I believe. Read the ordinance and call the roll. Call the
roll please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 53-161 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING
THE RATE SCHEDULE FOR THE USE AND OCCUPANCY OF AND THE
SERVICES FURNISHED OR TO BE FURNISHED IN CONNECTION
WITH THE MIAMI CONVENTION CENTER; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFEC-
TIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE: Though absent on roll call, Commissioner Carollo requested of the Clerk
to be shown voting with the motion.
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.
43 April 10, 1986
0 0
21. DEFER ACQUISITION OF LAND LOCATED ON GRAND AVENUE (LOTS 41 THROUGH 52,
BLOCK "A", ST. ALBAN'S PARK) This item was later taken up, after label
44, and set for a public hearing.
Mayor Suarez: Item 30. Now, is this. —This is not related to the Coconut
Grove Playhouse is it? This is the site over on Grand Avenue?
Ms. Dougherty: Yes, sir.
Mr. Odio: Grand Avenue.
Mayor Suarez: And Douglas, right at the corner.
Ms. Dougherty: Yes. This is a Off-street Parking Authority request, and we
are condemning the property for them.
Mr. Dawkins: Mr. Manager?
Mr. Odio: Yes, sir.
Mr. Dawkins: I asked Mr. Pierce, to check if they were going to move a liquor
license on the northwest corner of Douglas and Grand from the southeast
corner, and I was told, yes, and that it's illegal because the owner is moving
a liquor license within a hundred fifty feet. Now, I would like to know from
you or Mr. Pierce, if this gentleman is allowed to move his liquor licenses,
where will they park, his customers?
Mr. Walter Pierce: The initial answer to that has to be that he is moving
into an existing structure which had previously been utilized for a retail use
or a similar operation, then the building itself is grandfathered in, and
there can be no new requirement now that parking be added unless that building
is expanded.
Mr. Dawkins: Where will his customers park.
Mr. Pierce: On the streets, Mr. Vice -Mayor.
Mr. Dawkins: All right, so, that's a public nuisance is it not? So, if the
citizens didn't want it, look like they could complain. I'm asking. I don't
know.
Mr. Pierce: I would have to consult with the Law Department as to whether or
not we could take a nuisance attack on that.
Mr. Dawkins: Yes, OK. But if we create a parking lot across the streets on
property, then we have enhanced this person's business and helped him to do
what the neighbors do not want. The neighbors do not want the liquor store.
So, if we put a parking lot over there as much as I want to improve the
corner, we are providing the liquor store with parking. Am I not correct? Or
we can't stop them from parking over there?
Mr. Pierce: If it's public parking then anyone in that area has the right to
use that parking.
Mr. Dawkins: OK, is it... would you research for me, Mr. Pierce, that when
the other owner lost the liquor licenses for violation, if they did not
stipulate that another liquor license could not go there for thirty years?
Mr. Pierce: I will look into that, air.
Mr. Dawkins: OK. Thank you. Thank you, Mr. Manager.
Mr. Plummer: Well, but the question still resolves if they are moving. They
are not grandfathered as to zoning. They are grandfathered with their li-
cense.
44 April 10, 1986
Mr. Pierce: No, Mr. Commissioner, the buildings are grandfathered, zoning
does not speak to ownership of property. Zoning speaks to the existing
property, and the use of that property. We don't address... In other words, if
someone else could move a liquor license, not just from that other corner at
Grand and Douglas, but they could move it from another block away north on
Douglas to that location, it's that property that we have to address for
compliance with the zoning requirements. Sir, I can't —you could not tell me
as an owner of a piece of property that I couldn't use it because it's me, you
would have to tell me that I couldn't use it because of the public's health,
safety, and welfare, based on that particular piece of property. Not on one
next to it, not on one similar that's a block away, it has to be on site
specific.
Mr. Plummer: But you know, hey, the bottom line is nobody wants another bar
there.
Mr. Pierce: Mr. Plummer, we understand the concerns, and we will look into
that matter, but I just wanted to caution you that we have to look at that
piece of property. We will look into the matter further.
Mr. Plummer: So, Dawkins, what are you saying.
parking that...
Mr. Dawkins: That's what I'm saying.
Mr. Plummer: So. you are saying deny this item?
Mr. Dawkins: Deny this item.
If we don't give them the
Mayor Suarez: Walter, maybe along the same vein, or at least with the same
implications, suppose instead of building a parking lot there, we just built a
grassy area with some trees. Would that cost less? I have talked to some
contractors that say that that would be a lot less expensive, and would still
enhance the area. you know, until we have got something better to put there.
Mr. Pierce: It would be cheaper, I would assume, but you are not going to
have the revenue there.
Mayor Suarez: The Off -Street Parking Authority is not going to do it for us.
Mr. Pierce: Right.
Mayor Suarez: They are always volunteering to...
Mr. Pierce: I would assume that they don't do things unless they can get
something ---at least return to cover the cost of operation there.
Mayor Suarez: Yes, a lot of parking meters all over the place. Right.
Mr. Odio: Well, but they get a lot of money from parking meters. So. I think
they would do it out of the good of their heart. Right, Roger.
Mr. Roger Carlton: Mr. Mayor and members of the Commission. Let me perhaps
backup for a minute and say how this project evolved. There is a local
development corporation in that area trying to booster various economic
development activities. They came to us and said will you acquire that site
to build a parking lot, because there are other things to go on in that
neighborhood, including the G.U.T.S. Project and some other things that people
are trying to do, and there is very little on street parking right around that
intersection because both roads have been widen in recent times.
Mr. Dawkins: OK. I would like to also continue this item. I have another
item coming up this afternoon where a gentleman has some property on Grand
Avenue, and in 1981 he was approved a loan to do his property and what have
you, and he didn't get the loan. See, but now all of the sudden we are
concerned about what might come up in that area. OK. And I'm going to tell
you about things that have attempted to come up in that area and nobody
thought about putting a parking lot there then. So. let's don't be too
concerned now.
45 April 10, 1986
Ms. Kennedy: Is that your motion to defer it?
Mr. Dawkins: Yes, I move that this is continued until after the ... Mr.
Murray's—but don't leave Mr. Carlton.
Ms. Kennedy: I second.
Mayor Suarez: We don't...if we are just going to reconsider it later on
today, we can just go ahead at your suggestion, lay it on the table until
later.
Mr. Dawkins: Mr. Carlton, I...
Mayor Suarez: If you want to have Mr. Carlton stay around for that item and
come back. Otherwise, if you want to question him now on some other item...
22. DISCUSSION OF MINORITY HIRING BY THE OFF-STREET PARKING AUTHORITY
Mr. Dawkins: Mr. Carlton, I asked you for a breakdown of your minority
involvement and employment. Now, this is nothing new. I have been going
through this every since I came on this Commission, and you and Public
Works ... not you, I'm sorry, sir. The Off -Street Parking, you, Public Works
and its director got the poorest affirmative, minority, hiring practices I
know of. OK. Now, I want you to explain some things to me that you wrote in
reply to my inquiry. You said, when I asked you when why you did not hire a
Black or a Latin assistant director, and we are not stupid, when you don't put
a Black or a Latin as assistant, it's hell for us to move to the top, see.
You can't bypass who you have got in there as the assistant to put one of us
in the top. So, we can't get to the top because we are short circuited, and
you replied, "The industry specific nature of parking operations make it
extremely difficult to fill top level positions without a national search,
both the National Parking Association and the International Municipal Parking
Congress confirms this employment situation. In addition, the management of
the Gusman Center for the performing arts presents another unusual demand in
senior staff requirement." Now, what is this saying to me, sir? In plain
English?
Mr. Carlton: In plain English we are saying that it is difficult in a field
where there are no Black candidates who are at the top level in a parking
authority in the United States, to recruit difficult ---as I mentioned to you,
sir, we had five finalists. One was Black, two were Latin, the rest were
Caucasian. We went ... so, we had the affirmative action effort. We made the
commitment. We had the effort. We had a balanced group of final candidates,
but after review of backgrounds, of qualifications of the needs of the job, we
picked the most qualified candidate.
Mr. Dawkins: OK. Then you are telling me, sir, that nationwide in the whole
of the United States of America, that Blacks and Latins are not ---there are no
Blacks and Latins qualified to apply for this job? Is that what you are
telling me?
Mr. Carlton: No, sir, that's not what I'm saying.
Mr. Dawkins: What did you say, sir?
Mr. Carlton: I'm saying that we found people who were qualified to apply, we
made the effort, we had a Black finalist. We had two Latin finalists, what
I'm saying is we picked after intense review, the most qualified.
Mr. Dawkins: But with my raising hell with you to get a minority, sir, it
looks like you would have said, "OK, Miller Dawkins, is going to give me hell.
I have to take the Latin or Black," but yet you went and got the White and
said, "Miller Dawkins be damned."
Mr. Carlton: Sir, there was no intent to have it at all in those terms. As
you know, from...you are taking out of context our letter, sir.
46 April 10, 1986
0 #
Mr. Dawkins: OK. Let me ask you a question. What national search found you?
Mr. Carlton: There was not a national search to find me.
Mr. Dawkins: So, therefore, this is a bunch of garbage. Right? Now, what
experience did you bring to the job in the area of off-street parking? None.
Mr. Carlton: Of off-street parking?
Mr. Dawkins: Yes. None. Yes, at off-street parking. Where had you worked
in off-street parking before?
Mr. Carlton: I had not.
Mr. Dawkins: So, this is a bunch of garbage. See. So, what you are telling
me is that you are genius, or some God's gift from heaven and they can reach
out and get you, but they can't take a Latin or a Black and do what they did
with you. Come on. Go ahead, Mr. Carollo.
Mr. Carollo: I just want to make a correction here, Carl, you said Black,
Latin or Caucasian. If I make a correction for you, Latins are not a race or
better yet Hispanics themselves. Hispanics come in all shapes and colors.
There are White or Caucasian Hispanics, there are Black Hispanics, there are
in between Hispanics. So, I hope from now on you will clarify that. Thank
you.
Mr. Carlton: Sir, that is accepted.
Mr. Dawkins: OK. All right, second thing is in your next paragraph you says,
"Recognizing that such constraints, the Department has set in motion an
affirmative action program to search and fill two assistant directors." Now,
you did this after you filled the assistant job. See, and for five years I
have been sitting here raising sand with you and you never thought, that "Hey,
Miller, I need to start this kind of a training to get me a director." And
the last thing is, the last paragraph that I'm going to take to, you say,
"Given your many contacts in the minority community, perhaps you could provide
us with the names of potential candidates for those two positions." I am not
the minority procurement employer for Off -Street Parking. That's not my job.
That's your job. So, you go out there and find them. OK. That's all, thank
you.
Mayor Suarez: Thank you, Roger. I think the criteria that have been used
have been quite subjective and would have given ample room to maintain some
minority composition, and I share the concerns of the Commissioner. Item...
Mr. Plummer: So, we are deferring 30?
23. REFER TO CITY ATTORNEY PROPOSED SETTLEMENT OF RAFAEL ALFONSO FOR RENEGO-
TIATION.
Mayor Suarez: We are deferring 30. Item 31, settlement.
Ms. Dougherty: Yes, sir, Mr. Mayor, that's my item. Several months ago the
City had a ten million dollar judgement entered against it. The co-defendant
along with the City was the manufacturer of the truck that the City caused the
victim's car to run into. That manufacturer settled during trial and left the
City in for $2.5 million dollars. They offered their policy limits. There is
a...the sovereign immunity cap for the City at this time is a hundred thousand
dollars for this accident during the ... because that the accident took place
several years ago. Incidentally, right now it would be two hundred thousand.
There is a possibility, and there is a good possibility that the plaintiff can
recover up to $7.7 million dollars by going to the State Legislature and the
Claims Bill. We are recommending...
47 April 10. 1986
C
Mayor Suarez: Has that happened at all since that statute placing the hundred
thousand dollars limitation?
Ms. Dougherty: Mr. Mayor, the City has never had a Claims Bill entered
against it. We have never had a claim such as this one. Dade County has
never won a Claims Bill.
Mayor Suarez: Do you know if anyone has obtained from the Legislature any...
Ms. Dougherty: Yes. Dade County has never won a single Claims Bill that has
gone to the Legislature. In other words, they have always gotten the maximum
that the plaintiff has gotten a judgement for against the County.
Mayor Suarez: And then they must pay it?
Ms. Dougherty: The County must pay.
Mayor Suarez: The Legislature doesn't provide funds to pay it?
Ms. Dougherty: It does not.
Mayor Suarez: Only I presume in cases where there is no deep pocket or no
individual or entity that can pay it I suppose. Huh?
Ms. Dougherty: That's correct. The reason the ten million dollars in this
instance is reduced to $7.7 million dollars is because of the insurance that
was provided during trial by the manufacturer of the truck, and in fact, Dade
County... the reason we are recommending a settlement of now eight hundred
forty-four thousand, and by the way the annuity has gone up from eight hundred
thousand to eight hundred forty-four thousand to purchase the package in the
two weeks that we talked about it. The reason we are recommending it is for
example Dade County, because it had had a bad record in the Legislature with
Claims Bills, has paid for example, on the McDuffie Case, a million dollars
present day value. They have now recently paid $1.9 million dollars in a
similar accident as this one without even going to trial. In other words,
before trial they paid present value, one million nine hundred thousand
dollars for a bus auto accident.
Mayor Suarez: But that was a decision. That was not after a jury decision
and then...
Ms. Dougherty: Correct. That was a decision...
Mayor Suarez: That was a settlement...
Ms. Dougherty: That was a decision of the County Commission prior...
Mayor Suarez: ...by the County, based on their own experience.
Ms. Dougherty: ...Yes. Prior to even going to trial. This is in our in-
stance, we have gone to trial. We have a ten million dollars judgement
against us. We can now minimize our losses or know what our losses are by
paying eight hundred forty-four thousand at the present time. Therefore, you
are avoiding an exposure of $7.7 million dollars or anything up to $7.7.
million dollars by purchasing an annuity right now for eight hundred forty-
four thousand. We recommend it.
Mayor Suarez: I just had an idea •and wanted to ask you a question. In
considering settlements by this Commission, can we do that in executive
session? Not in this...
Ms. Dougherty: No, air.
Mayor Suarez: ...particular item. That cannot be excluded from public
consideration, only collective bargaining?
Mr. Plummer: Only one item, that's it.
Mayor Suarez: Not even settlements of lawsuits?
48 April 10, 1986
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Ms. Dougherty: No.
Mr. Plummer: Nothing.
Ms. Dougherty: That's the exact issue that North Miami took to the Supreme
Court of Florida.
Mr. Plummer:.... first time I ever went to the grand jury was over an executive
session.
Mrs. Kennedy: Really?
Mr. Plummer: Oh yeah, for condemnation of property, would.you believe?
Mayor Suarez: Did tt:ey. And they got...
Ms. Dougherty: Incidentally, the man is very very injured, and he is a
quadriplegic.
Mayor Suarez: We saw the report, yes. At least, I read through it.
Ms. Dougherty: The parents that were a working family have resigned, and quit
their job, and exclusively take care of their son.
Mayor Suarez: This settlement has tentatively been approved by the claimant,
right? At least...
Ms. Dougherty: Yes, sir. Their offer is in the package.
Mr. Plummer: You see, let me just put on the record what bothers me, I guess,
is that you are settling out of court which establishes the ten million as a
legitimate situation which I feel is out of proportion. The Legislature, in
fact, has actually and the President of the United States is talking about
maximizing settlements and lawyers fees and all of that, and I think it sets a
precedent for the City that if we get sued for ten million dollars, we are an
easy touch, and the next one is going to be for fifteen million.
Mayor Suarez: Well, the only difference is they got a judgement for ten
million in this case. I don't know that we have ever had a judgement...
Mr. Plummer: Oh, I understand they got it. I understand. Did we appeal it?
Mayor Suarez: We can appeal it. We have not appealed it, and interest is
running at twelve percent if we appeal it, too.
Mayor Suarez: And if we appeal and lose, we could get hit with a ten million
dollar judgement, if the legislature accept the waiver of the sovereign
immunity limit, right?
Ms. Dougherty: Yes, sir. Let me...
Mayor Suarez: That's the risk.
Ms. Dougherty: Let me...we cited in our memorandum a case where the defendant
did appeal a $12.4 million dollar verdict in a case very similar to this one.
It...they finally settled because of the appeal was reversed, not because of
the amount of money, but some procedural errors, but they finally settled that
case for $6.7 million dollars.
Mayor Suarez: Well, now, you just gave us an interesting idea, and pursuant
to Commissioner Plummer's consideration of all this in setting a precedent.
Is there anything that makes this an easy target for winning on appeal on a
procedural point that would not...that that might put us in a better bargain-
ing position?
Ms. Dougherty: The problem is if we don't win on appeal, we are paying
interest in the meantime, and we don't know of any error at trial at this
time.
49 April 10, 1986
Mayor Suarez: That's what I meant. Yes, is there any appealable error that we
think can give a favorable...
Ms. Dougherty: No.
Mr. Plummer: How old is ?
Ms. Dougherty: He is a young man. If he was very old, the amount of money to
pay for the annuity would be much less, and in fact, if he was even worse off
it would be less, but he is being taken care of in such a manner that his life
expectancy is forty-seven years.
Mr. Plummer: They have already received two and a half million dollars?
Ms. Dougherty: That's right.
Mr. Plummer: Which means that on that alone, if that money is put into a
bank, they will get twenty-five thousand dollars a month infinitum.
Mayor Suarez: If it's twelve percent a year.
Mr. Plummer: Yes. And yet now they are asking for an annuity for an addi-
tional eight hundred thousand dollars?
Ms. Dougherty: We have never had experience with Claims Bills, again, our
exposure under sovereign immunity, is a hundred thousand. We have never had
an experience with a Claims Bills. We can take that chance, but I...
Mr. Plummer: Yes.
Ms. Dougherty: ...based on the experience that Dade County has had, I don't
suggest doing that.
Mr. Plummer: Well, OK, but here is the point. The Legislature, in whether
their wisdom or not wisdom, established that procedure, and yet we don't know,
and we are not availing ourselves of that procedure. There is the potential I
assume, when that was established, that they would assume a certain amount of
obligation.
Ms. Dougherty: No.
Mr. Plummer: Then why did they establish it?
Ms. Dougherty: It was just a method of recouping money from the Cities if the
judgement is extraordinary. No, the Legislature never intended, nor do they
pay any of these judgements.
Mr. Plummer: Well, what...
Ms. Dougherty: It is a special act against the municipality to pay.
Mr. Plummer: But what immunity do they give us then?
Ms. Dougherty: That's what Dade County has been saying. The County Attorney
has been saying we don't have sovereign immunity anymore.
Mayor Suarez: Yes, this...I had totally misunderstood it. I thought that if
they approved anything in excess of a hundred thousand, they would provide the
funding for it.
Ms. Dougherty: No.
Mr. Plummer: No. They had ... my understanding was they had the alternative to
do it or send it back.
Mayor Suarez: Do they even have the alternative to do it?
Ms. Dougherty: The procedure is to pass a special Act that...
Mayor Suarez: Right.
50 April 10, 19$6
4W 41W
Ms. Dougherty:... and the way they have been doing it in the past if municipal-
ities refuse, they just don't give them the revenue sharing, but it's a
special Act compelling the municipality to pay the funds, and the method for
enforcing that for a private person such as this would be to mandamus the City
to do its duty under that Act.
Mayor Suarez: Is it clear in the statutory language that they can do that?
Ms. Dougherty: Yes. And remember Dade County, last year, took that issue to
the Supreme Court.
Mayor Suarez: And they lost. Commissioners, you want to...Is this the
largest settlement that we have been asked to approve and if so, for what
period of time?
Ms. Dougherty: We have not paid a settlement... we have paid settlements of
five hundred forty-nine thousand in the past, present value without going to
trial. This is the only one that we have brought to you...
Mayor Suarez: Is this the largest judgement we have ever had against us?
What is the second largest, if you remember?
Ms. Dougherty: It's never been over the sovereign immunity limits.
Mayor Suarez: We have never had a judgement in excess of a hundred thousand
dollars?
Ms. Dougherty: Well, now, it's two hundred thousand.
Mayor Suarez: Two hundred. Now, we just got hit with a ten...
Ms. Dougherty: Well, we just had a five hundred forty-nine thousand dollar
judgement, you read in the paper this week, in which we were successful in
having the Third District Court of Appeals reverse itself on, which was a
significant victory for the reason that that case was a very dangerous
precedential case, if you recall reading it in the newspaper.
Mayor Suarez: This one, you do not consider to be very dangerous
precedentially?
Ms. Dougherty: No, no. No, that case that we talked about earlier was a
police chase case in which the police officer accidentally hit a pedestrian.
Mr. Dawkins: Mr. Mayor, I'm not for this, or Mr. Plummer, but we do pay the
City Attorney to advise us ---and you are recommending this Lucia?
Ms. Dougherty: Yes, sir, Mr. Vice -Mayor.
Mr. Dawkins: I move it.
Mayor Suarez: It's been moved, do we have a second?
Ms. Kennedy: I am going to second and under discussion, let me say that it
really hurts to pay this much money, but at an age where juries award multi-
million dollar settlements without blinking an eye, I think we have to follow
the counsel's recommendation.
Mr. Dawkins: But, under discussion, I too, have to agree with J. L. Plummer,
that if we have already paid a two million dollar settlement...
Ms. Dougherty: We have not. That was the co-defendant who paid the $2.5
million dollars. We did not. This is what we would be paying for our total
judgement, is eight hundred forty-four thousand.
Mr. Plummer: Well, the recipient has already got two and a half million
dollars.
Ms. Dougherty: Yes, yes.
51 April 10, 1986
Mr. Plummer: Less what his lawyers took. See, you know, another thing in
here that bothers me is, I don't mind helping the needy, that's one thing, all
right, but this says, "paid to him over the next thirty years, or his estate."
Mr. Dawkins: What could he earn for his estate while he is incapacitated?
Mr. Plummer: Well, what I'm saying is I think we have an obligation if there
is a...
Mr. Dawkins: To him. I hear what you are saying, but once he is dead, we
don't have an obligation to who survives him.
Mr. Plummer: To the others.
Mr. Dawkins: I hear you. Can we negotiate that Madam City Attorney?
Ms. Dougherty: Well, I can try and come back for the next Commission meeting.
I understand your point.
Mr. Dawkins: Are you willing to attempt to negotiate or you want us to go
today?
Ms. Dougherty: No, I will have to negotiate it...if you vote today, then...
Ms. Kennedy: I will feel much better.
Mr. Dawkins: Well, I will withdraw the motion and move that we give the City
Attorney another meeting to attempt to negotiate .
Mayor Suarez: At least one more opportunity to negotiate, with the under—
standing that it ought to be conveyed to them that this Commission does not
have a clear consensus at this point on accepting the settlement. Commission—
ers, you want to take a vote on that?
Mr. Plummer: On what?
Mayor Suarez: On deferring the item and sending it back to the City Attorney
for further negotiations?
Mr. Plummer: Yes.
Ms. Dougherty: On the question of whether or not the estate should be paid.
Mr. Plummer: No, I'm going to leave it open. I'm going to leave it open to
you to try to renegotiate it in its entirety. That the only portion you might
do is the estate,...
Ms. Dougherty: Very good.
Mr. Plummer: ...but I'm going to give you the latitude to try to negotiate
the entire thing.
Ms. Dougherty: Very good.
Mr. Plummer: You know, I know there is also the situation a lot of times when
a person says, "Oh, I'm going to get this nest egg" all right, when you tell
them you are going to appeal and you might tie it up in court for five or six
years, they might say, "well, give me less and let's don't appeal it." So.
I'm going to give you that latitude.
Mayor Suarez: So, moved and seconded. Any further discussion from the
Commission? Hearing none, please call the roll.
52 April 10, 1986
--
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 86-257
A MOTION REFERRING BACK TO THE CITY ATTORNEY A PRO-
POSED SETTLEMENT OF LITIGATION INSTITUTED AGAINST THE
CITY OF MIAMI BY RAFAEL ALFONSO, IN ORDER THAT SAID
SETTLEMENT CAN BE RENEGOTIATED.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
/AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
24. REJECT ALL PROPOSALS FOR REDEVELOPMENT OF AFFORDABLE RENTAL HOUSING IN
MELROSE NURSERY AND CONVENTION CENTER SITES.
Mayor Suarez: Item 32.
Mr. Plummer: As requested by the proposer to be deleted, I so move.
Mr. Dawkins: 32?
Mr. Plummer: Yes. The developer is the one that asked to be withdrawn.
Mr. Dawkins: Well, I need ... Well...
Mr. Odio: That's the Melrose Nursery site.
Mr. Dawkins: Yes, but I have a problem...
Mayor Suarez: The idea is to go out to RFPs now.
Mr. Dawkins: Yes, but I have a problem. Hold it, before we get that far, J.
L., let me discuss it first. When we awarded these sites to affordable
housing, or whoever they were, we awarded the Melrose site, the Police Benevo-
lent site, and the Civic Center site. All of that went to related housing.
Mr..Frank Castaneda: That's correct.
Mr. Dawkins: Now, why are you just rescinding the Melrose Site? Why aren't
we taking all three of them back?
Mr. Frank Castaneda: Well, because we were going to do it one at a time.
Mr. Dawkins: No, no. Well, why...no, no, no, no, no, no, no. No, no, no.
Mrs. Dougherty: They were separate bids.
Mr. Dawkins: We are going to do them one time once and for all and you are
going to come before the Commission ---see, because you are stringing me out.
Mr. Castaneda: Well, the idea was to do a request for proposal for one...
Mr. Dawkins: Either you take them all from this gentleman at one time, or you
let him keep them all. I mean,...what I'm saying fellow Commissioners,
related housing was awarded the Melrose site, the Police Benevolent site, and
53 April 10, 1986
f
0 4VA
the Civic Center Site, then they came back for two million dollars and they
wouldn't get it. So, now we are rescinding the award to them of a site, but
it's my contention that we should be rescinding all three of them if you are
going to take ... if you are going to put this gentleman out of the package.
Mr. Castaneda: We can do that if you want, Commissioner.
Mr. Dawkins: Now, well, I don't know how the rest of the Commissioners feel.
Mr. Castaneda: No, the P.B.A. site is a material, because we could never
acquire that site, so really we are talking about the Melrose and the Civic
Center site.
Mayor Suarez: What happened? Did we advance as much on the Civic Center site
as we did on Melrose? Did we ever award it to a developer?
Mr. Plummer: Yes.
Mr. Castaneda: Yes, we awarded both sites to related.
Mr. Plummer: Well, you see the problem I have with this proposal and I have
to admit, I misunderstood it. I don't know that I want to go through the
unified development process. I don't know that that is most advantageous to
the City. OK.
Mr. Dawkins: Not if we own the land, J. L.
Mr. Plummer: Huh.
Mr. Dawkins: Not when we already own the land.
Mr. Plummer: That's exactly what I'm saying.
Mayor Suarez: Me, three on that. I don't see why we should have to go to
UDP...
Ms. Dougherty: Is rejection of that. This is not asking you to go out for a
new RFP. This is rejecting the old UDP.
Mayor Suarez:... on a project like that. That seems to be a fairly standard
project, I mean, as opposed to just competitive bidding.
Mr. Castaneda: It would either have to be either UDP or through the County
process in which we want now, because remember that basically, what you are
talking about is, you know, the development, the construction, construction
financing and the later management, unless you would just want to sell the
land to the highest bidder, you would have to...
Mr. Dawkins: Why is it when this Commission talks of doing things for the
City of Miami in itself, the Administration can come up with all kind of ifs'
and whys, but when the County took City property and gave it to the Tacolcy
Development Center for one dollar, the same process that we could do ---this is
our land and we can give it to a developer for one dollar, but we can't do it.
Why? Now, what's the difference?
Mr. Castaneda: Well, the City Charter doesn't permit that, and I would let
the City Attorney respond to that.
Mr. Herb Bailey: May I respond to that?
Mr. Dawkins: Yes, Mr. Bailey, please.
Mr. Bailey: What we are asking for on this item Commissioner, is just a
matter of undoing what we had a terrible unsuccessful effort before. in
cancelling out the previous developer, who has already indicated in writing
they wish to be canceled. We are not indicating how we will proceed with
disposing of the site in the future. We are only asking that the Manager be
permitted to come back before this Commission with a strategy on developing
these two sites.
54 April 10, 1986
Mr. Dawkins: Oh, you are not...Oh, now, you...
Mr. Bailey: So, we are not specifically saying it will be...
Mr. Plummer: No. sir, that is not what this says. Read it. Read it.
Mr. Bailey: It says. "Authorizing the Manager ---I think on Item 2 here. It
says further directing the City Manager to conduct a review of alternative
methods of providing housing and rental rates affordable to low and moderate
income families and individuals including the possible development of the site
through unified development process. The possible..."
Mr. Plummer: That limits him only to that direction.
Mr. Castaneds: No.
Mr. Bailey: It says the possible.
Mr. Plummer: I understand that, but this does not give him the right to go
out and look into other methods.
Mr. Bailey: We are asking for that permission to do that.
Mr. Plummer: No, you are not. Not in this...
Mayor Suarez: It doesn't sound like it.
Mr. Plummer: That's not what's behind this.
Mayor Suarez: It's a little confusing to have the UDP.
Mr. Bailey: Well, that maybe...that is the intent. We are really asking
for...
Mayor Suarez: Why don't you take out the last section of it and just...
Ms. Dougherty: But that doesn't have what's on here. i
Mr. Bailey: Yes, we are really asking for permission... for the Manager to
have permission to come back before this Commission to present alternative
methods of developing that site.
Mr. Plummer: That's fine, I got no problem with that.
Mr. Bailey: Right. That's what we are asking for.
Mr. Plummer: But that's not what is stated.
Mr. Dawkins: Both sites.
Mr. Bailey: Both sites.
Mr. Dawkins: Both sites, Mr. Bailey.
Mr. Bailey: Both sites and it was an error on our part, because we forgot to
include the Convention Center site, because most of the controversy was on the
Melrose site.
Mayor Suarez: With those two amendments, I would be willing to vote for it.
Mr. Odio: OK. Both sites.
Mayor Suarez: Including both sites and not specifying UDP. In fact, I would
generally, unless somebody shows me why it has to go to UDP, Frank, I would be
against it. It's just too, subjective. Why don't we go to whoever the lowest
bidder is.
Mr. Plummer: Lowest and best.
Mayor Suarez: Lowest and best.
55 April 10, 1986
Mr. Plummer: I move 32 as presented and amended.
No. Kennedy: I second.
Mayor Suarez: Moved and seconded, any further discussion from the Commission?
Hearing none, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-258
A RESOLUTION REJECTING ALL DEVELOPMENT PROPOSALS
SUBMITTED WITH RESPECT TO THE DEVELOPMENT OF AFFORD-
ABLE RENTAL HOUSING ON THE PUBLICLY OWNED 8.5 ACRE
SITE KNOWN AS THE MELROSE NURSERY SITE AND THE 2.5
ACRE CIVIC CENTER SITE; FURTHER DIRECTING THE CITY
MANAGER TO CONDUCT A REVIEW OF ALTERNATIVE METHODS IN
REGARD TO SAID SITES FOR PROVIDING HOUSING AT RENTAL
RATES AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES
AND INDIVIDUALS.
(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.
NOTE FOR THE RECORD: Agenda Item 33 was withdrawn by the
applicant.
25. OPEN BIDS FOR CONSTRUCTION OF WYNWOOD HIGHWAY IMPROVEMENT (B-4514);
FURTHER INSTRUCTING TO BRING BACK TO COMMISSION FOR FINAL CONSIDERATION.
Mayor Suarez: Item 47, opening of bids, are we on time? Yes, it's 11:00.
Madam City Clerk?
Ms. Hirai: Mr. Mayor, these are bids for construction of Wynwood Highway
Improvement B-4514.
Mr. Plummer: What is the projected cost?
Mr. Odio: Estimated for the project is between five hundred thousand and
seven fifty.
Mr. Plummer: What?
Mr. Odio: That's the estimate we got, between five hundred to seven fifty.
Mr. Plummer: You are telling me that a project that we are bidding out has
got a latitude of five to seven hundred fifty thousand dollars?
Mr. Odio: Of two hundred fifty thousand. Mr. Cather, will explain.
56
April 10, 1986
Or
Mr. Dawkins: What's you item, J. L.?
Mr. Plummer: 47. What is the projected cost by the department?
Mr. Don Cather: Six hundred eighty-six thousand dollars.
Mr. Plummer: Thank you.
Ms. Hirai: Mr. Mayor, I need a motion to open bids.
Mr. Plummer: I so move.
Mayor Suarez: Move to open the bids, Item 47.
Ms. Kennedy: Second.
Mayor Suarez: Seconded, hearing no further discussion from the Commission,
please call the roll.
Ms. Hirai: The first bid is from Williams Paving Co., Inc., total bid six
hundred sixty-five thousand seven hundred eighty dollars, twenty cents. The
second bid is from Garcia Allen Construction Co., Inc., total bid seven
hundred thirty-one thousand two hundred ninety-two dollars. The next bid is
from Inter -American Engineers and Construction Corporation, total bid seven
hundred sixteen thousand four hundred sixty-one dollars ninety cents. The
next bid from M. Vila and Associates, Inc., total bid five hundred thirty-five
thousand nine hundred fifty-four dollars ten cents.. The next bid from Miri
Construction, Inc., total bid five hundred seventy-six thousand seven hundred
fifty-two dollars seventy cents.
Mr. Plummer: Repeat that please?
Ms. Hirai: Total bid five hundred seventy-six thousand seven hundred fifty-
two dollars seventy cents. The next bid is from Homestead Paving, total bid
seven hundred ninety-eight thousand, eight hundred eighteen dollars sixty
cents. The next bid from Alfred Lloyd and Sons, Inc., eight hundred two
thousand nine hundred seventy-seven dollars. Mr. Mayor, those are all the
bids.
Mayor Suarez: What is the lowest and who has it so far?
Mr. Plummer: Five thirty-five.
Ms. Kennedy: From M. Vila.
Ms. Hirai: Yes. M. Vila and Associates, five hundred thirty-five thousand
nine hundred fifty-four.
Mayor Suarez: Well, how does that compare to the estimate?
Mr. Plummer: Six eighty-six. A hundred fifty-one under.
Mr. Cather: The estimate was six hundred eighty-six thousand.
Mr. Plummer: Now, Mr. Cather, I'm happy to put you in the reverse position.
How in the hell did you so overestimate when we have a bid for $151,000 less?
Mr. Cather: They are hungry.
Mr. Plummer: I don't buy that!
Mr. Cather: Well, I have a bid share where we straddled it very well. We
have a range of $800,000. to $535,000. Average them up. I think we are
pretty close.
Mr. Plummer: I want to tell you. I don't agree with you. I don't agree with
you, OK? I want to tell you, that if you are $151.000 projected over the
actual bid, that there is some radically wrong situation existing. Now...
57 April 10, 1986
9 0
Mr. Cather: I submit to you, sir, that I have a bid of $535,000 by a very
experienced contractor in this area. I have Williams, Garcia Allen; Interna-
tional Engineering, that are all right within very close limits of our bid, of
our estimate.
Mr. Plummer: You also have one for $576,000.
Mr. Cather: Right, and I have two over that.
Mr. Plummer: Who does your projection on your bids?
Mr. Cather: Our engineering department.
Mr. Plummer: That is where I think the problem is.
Mr. Cather: What is the problem?
Mr. Plummer: The problem is, if you are projecting $151,000 over the lowest
bid, then something is wrong, in my estimation. Now, Mr. Mayor, I think that
we need... I am tickled pink we got a low bid. As a matter of fact, let me
also say that I am very happy that we got six or seven bids, which we had not
been in the past. I think that we need to go to some kind of a study, or
something in the procedure of estimatin& these bids, so that this Commission
could be in hand with information. That when there is, remember, we are going
today to consider a proposal, in which, if the bids are five percent over
projected, that they are thrown out. And yet, we are now finding a bid that
is 20 percent under what is projected. It gives me the distinct impression
that projections in the future are going to be made so that, that five percent
does not come into play.
Mr. Cather: That is a very serious accusation to my engineering ability.
Mr. Plummer: No. Don, it is not an accusation. No, Don, it is not an accusa-
tion. I am saying there is something wrong, with our procedure, when we are
not even close. Now, I don't know who this $535,000 is. OK? What is the
name?
Mrs. Kennedy: Vila, M. Vila.
Mr. Plummer: M. Vila. OK, I don't know who that is, all right, so I can
speak freely. What I am saying to you is, there cannot be 20% fat. Now, if
you say to me this company doesn't know what they are doing, and there bids
are wrong and they are supplying inferior merchandise, I can accept that. but
I am saying, there is something radically wrong in our procedure, when these
things are continuously happening. That is all I am saying. and I think we
need, maybe not engineers, to do the projections, but maybe we need a special-
ized unit to do the projections, Don, that is all I am saying.
Mr. Cather: Did you see the tabulation I gave you, where the past two years
we have been within two percent of our bids, and five percent on other ones.
Mr. Odio: May I try to say something, sir? That was my prior business
experience.
Mr. Plummer: That is why you are no longer there.
Mr. Odio: And that man there, worked for me, making concrete pipe. This job
has a lot of metal pipe, which is much cheaper than concrete, and that could
be the difference. Also, the competition....
Mr. Plummer: That is fine. If somebody says that to me, I am willing to
listen, but we are just not..0 you know, either we don't know the market, or
we don't know the cost, of the goods, or we don't know the cost of labor.
Mr. Odio: Commissioner, when we used to prepare bids, it depends upon the
amount of work that we had at the time, what price we could go in with, and at
some point, we would go in almost at cost, just to keep the people working, so
that is another factor you have to take into consideration, and that is very
hard to project.
58 April 10, 1986
Mayor Suarez: When somebody comes in this low, it does raise some suspicion
that they may not be a conforming bid, does it not, Don? Do you now scruti-
nize this to make sure?
Mr. Cather: Absolutely.
Mayor Suarez: Is it typical to get one as low as... more than 20 percent less
then the project?
Mr. Cather: We are usually not that lucky. We have come within two to five
percent over the past three years.
Mayor Suarez: Yes, and you have not adjusted in any way, based on the pro-
posed ordinance that...
Mr. Cather: This construction as it was made, before he ever brought up the
five percent.
Mr. Plummer: Well, but Don, look, here is what I am saying, all right? You
are talking between the high bid and the low bid, a $267,000 difference! Now,
I don't know the business. I know numbers, all right. And what I am saying
is, there just can't be that much fat to play with. You are talking about a
third of the cost of the total project, in the difference in the bid.
Mr. Dawkins: What project is it?
Mr. Plummer: I am saying there is something wrong)
Mr. Dawkins: What project is this?
Mr. Plummer: Now, either the projects are not being bid out properly, the
projections are not being done properly, but when you have got a 35 percent
difference between the high and the low bid! You know, I love hungry compa-
nies. They work harder, and faster and quicker and everything, but I just
can't see that much difference! Something has got to be wrong.
Mrs. Kennedy: Nobody is really able to take a bath like that and lose so much
money, just for the sake of making a bid.
Mayor Suarez: If they are hungry, they will, because they have got nothing
else to do. They have to stay busy to keep the personnel busy.
Mr. Odio: That is what they are doing.
Mr. Plummer: I understand... look, Mr. Mayor, I understand the difference of
a company, maybe ten percent, OK, but when you start talking better than 20
percent, I think that has got to raise some questions. All I am asking... I
am not trying to accuse, I am not making accusations, I am asking, let's look
into it and find out. Let's review the process, that is all I am asking.
Mr. Mayor, these tabulations, as normal, will go to the Finance Department,
and come back to this Commission for approval. I so move.
Mayor Suarez: So moved. Do we have a second on that?
Mrs. Kennedy: Second.
Mayor Suarez: Second. Hearing no further discussion from the Commission,
call the roll, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-259
A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS
FOR CONSTRUCTION OF WYNWOOD HIGHWAY IMPROVEMENT (B-
4514)= FURTHER DIRECTING THE ADMINISTRATION TO TABU-
LATE SAID BIDS AND TO BRING THIS MATTER BACK TO THE
CITY COMMISSION FOR THEIR FINAL CONSIDERATION.
59 April 10, 1986
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
26. DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP AMPHITHEATER IN BAYFRONT PARK
AS UNIFIED DEVELOPMENT PROJECT, AUTHORIZE DRAFT OF R.F.P.; SET PUBLIC
HEARING DATE.
Mayor Suarez: We go back to agenda item 34.
Mr. Odio: We were requested on the February 13th meeting to bring back a
U.D.P. for this area, the Bayfront Park.
Mr. Gilchrist: Mr. Mayor and Commissioners, this is requesting the setting a
public hearing date at the May Commission meeting for an R.F.P. for the
management and operation of the Bayfront lark Amphitheater, asking as well,
that the proposer contribute capital to the construction of the stage and the
seating, as a part of that, and including the maintenance of the park area. I
was requested by the Commission that we do this at an earlier time, so this is
just a...
Mr. Plummer: Set the time at 2:30 p.m. and move the item.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. Any further discussion from the Commis-
sion? Hearing none, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-260
A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS
METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED
WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT
(UDP), AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT
REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING
THE SETTING OF A PUBLIC HEARING FOR MAY 8, 1986, AT
2:30 P.M., TO TAKE TESTIMONY REGARDING AN RFP FOR A
UDP FOR THE DEVELOPMENT OF CULTURAL, RECREATIONAL AND
ENTERTAINMENT USE OF THE PROPOSED BAYFRONT PARK
AMPHITHEATER, A FACILITY TO BE LOCATED WITHIN
BAYFRONT PARK, AND FOR THE MANAGEMENT OF BAYFRONT
PARK; AUTHORIZING THE ISSUANCE OF AN RFP, SELECTING A
CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING
MEMBERS OF A REVIEW COMMITTEE TO EVALUATE A REVIEW
COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO
THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND
CODE.
(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-
60 April 109 1940
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: Yes, now Rouse Company, who will be expected to be a bidder,
and they are going to have sort of a...
Mr. Gilchrist: They have indicated that they are interested in bidding on it.
I can't say that we have no legal obligation for them to do it, but I am sure
they are going to do it.
Mayor Suarez: They have got a kind of a head start, don't they? I mean, they
have almost a lock in there.
Mr. Gilchrist: I would say that there is some interest in there.
Mayor Suarez: Other bidders have to buy them out.
Mr. Gilchrist: They have an option for the operation of about 5,000 square
foot in the base of a light tower, which is designed in the park, and they
have the option on a restaurant in the park, so...
Mr. Plummer: But, they don't have this amphitheater. No, sir we don't have
to buy them outl
Mr. Gilchrist: They do not have this, sir. No, they don't have this.
Mayor Suarez: No, those other two features have to be ... have to be...
Mr. Gilchrist: Those other two features, if we include those, and it was my
intention to recommend that we include those, they would have to be bought
out.
27. DEFER ISSUE OF IMPROVEMENTS FOR EXHIBITION SPACE USE OF COCONUT GROVE
EXHIBITION CENTER.
Mayor Suarez: Agenda item 35.
Mr. Odio: Sir, we are asking you to approve a going out on a U.D.P. for the
Dinner Key Exhibition Center. We have a deficit of $300,000 a year. We feel
that if somebody would be interested in running the center in the private
sector, that we could have a turnaround of about $600,000 a year. That would
eradicate the deficit, plus peruse $300,000 a year profit to the City, and
they would be able to bring more shows and groups into that place.
Mayor Suarez: What would we put in the U.D.P. What modifications do we
contemplate making in the Coconut Grove Exhibit Hall, there?
Mr. Gilchrist: My view of it is that the Exhibit Hall needs a major renova-
tion in the quality operation. At code issue, meeting rooms, air conditioning
and so on, so we are going to be asking...
Mr. Plummer: You just spent, how many, $6,000,000 on it, to further the
subsidy.
Mr. Gilchrist: Only if the private sector is, has an interest in doing that.
Mr. Plummer: No, not What did we just spend on Dinner Key Auditorium?
Mr. Odio: About 2.... close to $2,000.000 on the new roof on the other side.
61 April 10, 1986
Mr. Plummer: In the addition.
Mr. Odio: In the addition, yes.
Mr. Plummer: It was better than S2,000,000. It was over S3,000,000.
Mr. Odio: I don't remember the exact number, but, the thing is, whoever takes
it over would have to... we are only saying that we are asking to see what we
can get for it.
Mr. Plummer: Do we have a set of plans as to what is being proposed?
Mr. Gilchrist: I have no proposal.
Mr. Odio: We have no proposals.
Mr. Gilchrist: I am asking for the private operation of the...
Mr. Plummer: Where is the R.F.P.?
Mr. Gilchrist: We are only drafting that now, sir. We are asking for a
public meeting to be held at the next Commission meeting.
Mr. Odio: We are asking you for a policy decision. We have a $300,000
deficit. Whether we should go out to the private sector to run it for us and
have a turnaround of about $600,000, which would be to eradicate the deficit,
plus make a profit for us. That doesn't mean we have to do it.
Mr. Plummer: I'll ask....
Mayor Suarez: Do you envision a capital improvement, or just someone to
manage it?
Mr. Odio: Capital improvement and management.
Mayor Suarez: What sort of capital improvement? What size? What amount?
Mr. Odio: I think you have to spend about $7,000,000 in that place, to make
it a convention facility with the proper...
Mayor Suarez: Without mortgaging our property, somebody just came in and put
a $7,000,000 cash equity investment into this thing? I mean, I would love it
if it would happen, but we...
Mr. Odio: It would have to be a long term arrangement before they would do
that.
Mayor Suarez: Yes, how long term are we talking about, the next 200 years?
Mr. Plummer: Ninety nine.
Mr. Gilchrist: I think the term would be determined by what their financing
requirements, sir.
Mr. Mayor: I'm going to ask this be deferred.
Mr. Odio: It is for them to tell us.
Mr. Plummer: No, I want to ask this to be deferred. I would like to see at
least the draft R.F.P. before we go to a public hearing.
Mr. Odio: OK, but see, I didn't want to draft the R.F.P., if you didn't
want...
Mayor Suarez: Some general parameters — could you give us some general
parameters in which you envision... we don't know if it is a capital improve—
ment situation here, or just giving a concession, or a management agreement,
or what we would do.
62 April 109 1986
Ar
Mr. Odio: Mr. Mayor, what we were trying to do, is actually to see who would
be interested and what they would offer to us and let them tell us
what they would offer, and if it is not acceptable, we don't have to accept it
at all. We are not committed to anything.
Mayor Suarez: That may be a little too vague to propose. I mean, to the
general...to the world at large.
Mr. Gilchrist: Sir, we could, within two weeks put in your hands a draft, and
we...
Mr. Plummer: And we will talk about it as a...
Mr. Gilchrist:... will deliver it all to you.
Mr. Odio: Fine. May 8th, if you want to.
Mayor Suarez: We would like to have a little bit more detail at this point,
and before we even make a general policy statement that we want to give this
over to the private sector.
Mr. Odio: We have an item today, related to this in the agenda, where we are
asking to buy telescopic bleachers. These are the things we are trying to do
to eradicate deficits, because, it would increase a tremendous amount of
business...
Mayor Suarez: For what facility?
Mr. Odio: For the same facility.
Mayor Suarez: Yes, but that is a pretty concrete thing that you are asking us
to approve. I mean, it is concrete as to amount, as to what you are going to
use the money for, as to, etc.
Mr. Odio: But, if we had, for instance, Mr. Mayor, just to finish that. we
need to put meeting rooms in there with audio facilities to be able to bring
in on all class of conventions, etc.
Mayor Suarez: Was there an idea, just so long as we are on this and to finish
it off, possibly, to encircle the convention facility with meeting rooms?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Odio: Well, I saw some plans that would do that.
Mr. Plummer: That is why I want to see the draft.
Mayor Suarez: Yes, we need just a little bit more detail. We understand that
this is a preliminary step, that we are not yet going to actually put it out
for bids, or go to the U.D.P., but we would like to know a little bit more
before we make a policy statement, I gather, from the Commission.
Mr. Plummer: Mr. Mayor, I would also request, in this item being deferred,
that the same draft be presented to us two weeks in advance on item 34.
Mr. Odio: Oh, OK.
Mr. Gilchrist: Sir, we were going to deliver that to you two weeks in advance
of the...
Mr. Plummer: That is fine. Give me the rough draft on both of them prior to
the hearing, so we can look them over. See, Mr. Mayor, in the past, what has
happened around here - let me tell you what has happened. Let me give you a
classic example. The restaurant in Bicentennial Park, OK?... that was put out
to two young men who went in there to try to make a living, which I told them
at the time, that the award was bid, that they were doomed to failure. Nobody
would listen, and of course it has been vacant now for almost three years,
because nobody can go in there. In the R.F.P. put out by the City, they said
how much fat could be in a hotdog. they said what temperature the soup had to
be delivered to the customer, how many days old were the saltines, and this
63 April 10, 1986
is the problem that you find with R.F.P.'s in this City, that you don't know
what is going on until you actually have the opportunity to read it, and in
some ways, I will tell you that R.F.P.'s in this City have been put out in
such a manner that they were in fact, doomed to failure, so I want to see
these R.F.P.'s in the future before they go out - before they go to the
public.
Mr. Odio: Yes, sir. Go ahead.
Mr. Gilchrist: That was the prodess we were going to.
Mr. Plummer: Wait until you see the R.F.P. on the two police stations l Not
the R.F.P.'al Hey, Dawkins, you remember your statement about the fact, that
they are trying to kill the police substations? Wait until you hear today.
Buddy, they have done a number on this Commission that you can't believel
Mrs. Kennedy: Who?
Mrs. Plummer: And remember this Commissioner saying that you must complete
everything on each substation for $5,000,000? You remember that?
Mr. Dawkins: Yes.
Mr. Plummer: They didn't remember it.
Mr. Dawkins: The voters said that also.
Mr. Plummer: Yes. Writ until you hear about the showers, the lockers, the
gymnasiums, the stables, and all of that.
Mr. Dawkins: And the private parking lot.
Mr. Plummer: That is why I am saying we have got to see those drafts before
they go to the public.
Mr. Odio: Yes, sir.
Mayor Suarez: So moved as to item 35, and seconded, I believe. Was it not?
Mrs. Kennedy: Yes, it was.
Mayor Suarez: Please call the roll, hearing no further discussion from the
Commission.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-261
A MOTION TO DEFER PROPOSED DESIGNATION OF UNIFIED
DEVELOPMENT PROJECT, REQUEST FOR PROPOSALS AND SET-
TING OF A PUBLIC HEARING FOR IMPROVEMENTS/EXHIBITION
SPACE USE OF THE COCONUT GROVE EXHIBITION CENTER IN
ORDER THAT A DRAFT OF THE R.F.P. MAY BE PRESENTED TO
THE CITY COMMISSION TWO WEEKS PRIOR TO THE SETTING OF
A PUBLIC HEARING.
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.
64
April 10, 1986
g -
i
28. EMERGENCY PURCHASE OF TYPESETTING, LAYOUT AND PRINTING SERVICES FROM 1
REVIEW FINANCIAL PRINTERS.
Mayor Suarez: Item 36, Department of Finance.
Mr. Odio: Yes, sir, we had to go out on an emergency purchase of $6,000 worth
to be able to put out the City's annual report on time. We had to finish it
by March 31st, because we had to file with the State of Florida to comply with
the State law.
Mr. Plummer: So moved.
Mayor Suarez: Moved, do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any further discussion from this Commission?
Hearing none, please call the roll. We need Eour/fifths on this, I guess.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-262
A RESOLUTION RATIFYING AND CONFIRMING THE EMERGENCY
FINDING BY A 4/5TH AFFIRMATIVE VOTE OF THE CITY
COMMISSION THAT THE REQUIREMENTS FOR FORMAL COMPETI-
TIVE SEALED BIDS BE WAIVED AND THAT THE EMERGENCY
PURCHASE OF TYPESETTING, LAYOUT, AND PRINTING SERVIC-
ES FROM REVIEW FINANCIAL PRINTERS, INC., FOR A BASE
COST OF $6,000 BE APPROVED, ALLOCATING FUNDS THEREFOR
FROM THE 1985-86 OPERATING BUDGET OF THE DEPARTMENT OF
FINANCE.
(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.
65 Apr11 10# 1986
9 a
29.A DIRECT CITY ATTORNEY TO PREPARE PACKAGE OF BOND COUNSEL FIRMS LOCATED
WITHIN CITY LIMITS.
293 DEFER NAMING LAW FIRM TO SERVE AS LOCAL BOND CO -COUNSEL TO ASSIST BROWN,
WOOD, IVEY, MITCHELL & PETTY WITH RESPECT TO '86 SALE OF GENERAL OBLIGA-
TION BONDS.
Mayor Suarez: Item 37.
Mr. Odio: On February, 1954, the City Commission accepted a recommendation
of the City Manager for selection of local bond co -counsel to assist the firm
of Brown, Wood, Ivey, Mitchell and Petty with respect to the sale of future
City of Miami general obligation bonds. The agenda item includes lists of
these local firms that we have used, and also a list of the firms we have not
yet used, for you to select.
Mr. Plummer: Mr. Mayor, I want to speak on the item.
Mr. Dawkins: I do too.
Mrs. Kennedy: Me too.
Mr. Plummer: I want to tell you, I am sick and tired of using New York firms.
I will no longer accept the fact that we do not have competent bond counsel
within our community. I am tired of sending tremendous amounts of money to
New York for bond counsel, and then in return, throwing a bone to a local
firm, and say, "Here, you are associated with us." I think it should be the
other way around. I think we should support local people first and foremost,
and if needed, a firm in New York, if needed! Let them thrown them the bone,
and let them do what is needed in New York. I can no longer accept that this
community does not have competent bond counsel that can handle the bonds, and
that we pay those people who generate and regenerate their dollars in Dade
County. I think this law firm that is here, this Brown, Wood, Ivey, Mitchell,
is a very fine firm. They have a very fine reputation, but I just don't think
that this City, with the counsels that we have here in this City... they
might be great for smaller cities who do not have competent bond counsel, but
I think we do have it in this community, and I think we should support our
local people first and foremost. If an argument can be made that local bond
counsel can't handle it, I will listen to such an argument, but I want to tell
you something. They are going to have to prove to me that in fact, we don't
have it in this community, because in a way, to me, it is an insult that our
counsel here in Dade County is not competent. I want to reverse this situa-
tion, and do whatever is necessary, whatever is the proper procedure, to
choose a firm locally, and give them the latitude, if they need to take in a
New York firm to assist them to do it in that way. What I am saying is, I
want to reverse the procedure and keep my money here locally in Miami.
Mayor Suarez: With the local firm in the driver seat I certainly agree with
that.
Mr. Dawkins: Mr. Mayor, I with agree with Commissioner Plummer, but I am
going a step further from him. I am not voting for Brown and Ivey today. I
will vote for a local firm - we have a local firm in Miami that is doing bond
counsel for Fort Lauderdale, and also another City in the State of Florida,
and then we insult the firm that is based in the City of Miami, paying taxes
and contributing to the City of Miami's economy, by going to New York and
telling them that they cannot participate. Madam City Attorney, have we ever
given thought to having individuals on your staff, who could obtain the
skills, and by the way, there are two firms in the City of Miami that is in
the red book, and that is the requirement you people have been telling me
that is required to be bond counsel, that they have to be in the red book.
Mrs. Dougherty: There are actually eleven firms, now.
Mr. Dawkins: Ma'm.
Mrs. Dougherty: There are actually eleven firms, now.
66 April 10, 1986
I It
Mr. Dawkins: In Dade County?
Mrs. Dougherty: Yes, sir, qualified, red book rated firms.
Mr. Dawkins: Now, I for one, after we finish with this, would like to get
with you, to see how we could begin to establish some kind of a linkage, so
that your office could become proficient in bond counseling, and I believe
this might be the better way to get minorities, that is, Blacks, women, and
Latins, into the bond counseling, by having your office as a training for
everybody, and some day the City of Miami would be able to do its own bond
counseling, and save the money.
Mrs. Dougherty: Mr. Vice —Mayor, we do have people who are proficient in bond
counseling in my office. We do the validations in most issues. The problem
with...
Mr. Dawkins: So what the hell are we going to New York for, then?
Mrs. Dougherty: I will tell you why — because you need an opinion from a
counsel that has malpractice insurance, because what occurs, if somebody gives
the wrong opinion, and these bonds become taxable, it is the law firm's
malpractice that is going to insure...
Mr. Dawkins: The eleven firms that you just told me that are in the red book
in Dade County, they do not have malpractice insurance?
Mrs. Dougherty: Why, certainly they do, and that is why the underwriters are
going to take their word, because they are insured in case the bonds are
taxable.
Mr. Dawkins: Well, is there anything that prevents us from, since we have
been saying co —bond counsel, is there anything that prevents us from asking
the local bond counsel, whom we have obtained, from joint venturing with the
City of Miami's staff?
Mrs. Dougherty: Precisely right. Very, very good point, and you and I had
talked, in connection with the Bayside issue. We charged them $35,000 for our
services. We have yet to get the check, but they say it is coming.
Mayor Suarez: It is in the mail! It is in the maill
Mr. Dawkins: Well, Mr. Mayor, I will not be voting for Brown and Ivey, I want
everybody here to know that.
Mrs. Kennedy: Mr. Mayor, I couldn't agree more. I never have a doubt, if
competent service is available locally, I will always vote for those who pay
taxes in our community.
Mr. Odio: I agree that we should hire a local firm, but we need continuity it
should be a permanent firm. We should go out on R.F.P's and pick the firm
that we need, but, can we finish with Brown, Wood and Ivey, the project that
they started...
Mr. Dawkins: Mr. Manager, I was with you when we went to New York to secure a
bond rating, am I right?
Mr. Odio: Yes, sir.
Mr. Dawkins: And the biggest problem that the bond raters had, was that we
had changed three managers in less than six months. Am I correct?
Mr. Odio: Yes, sir.
Mr. Plummer: That is the manager of the month)
Mr. Dawkins: And they were concerned that there may not be any continuity, am
I correct? And we sat and showed them how, that you had the same competent
staff, that the other three managers had, and that you had been here within
the City, and that there would not be a break in continuity, am I right?
67 April 10, 1986
V
Mr. Odio: Yes, sir.
Mr. Dawkins: So now, how are you, you least of all people should be talking
about continuity, we can pick up continuity anywhere.
Mr. Herbert Bailey: May I speak, Mr. Mayor?
Mr. Plummer: Where did Howard Gary go?
Mr. Odio: I think Herb Bailey is going to have a heart attack here.
Mr. Herbert Bailey: May I just speak on the subject for a minute? I am in
agreement with what the Commission has indicated is their desire. I think
what we have here, and Brown and Ivey is someone that has been with the City
for quite some time, and there is a tremendous amount of experience and
knowledge on the City's financial and bond matters. I would just like to
suggest, or maybe ask that there are at least two issues, which they have
been intimately involved in getting us to a point of going to market, and one
of them is the 1984 refunding issue, for which we are going in for a lower
rate, and the other one is the involvement with the construction of financing
of the $40,000,000. I would just like to request that if they can just
complete those two items, and if you can give us a time certain when we can go
out and begin to solicit statement of capability from local firms, then we
can select another firm and determine how the payment can be made. I think if
we...
Mr. Dawkins: I will accept that if your firm will give the local firm 75
percent of this fee, and they keep 25 percent.
Mayor Suarez: Even as to those two projects that you mentioned, or those two
refundings in one case, how can we put the local firm in the driver's seat,
even as to those two? In the future we would like to exclude Brown, Wood and
Ivey, if we can, and just give it to a local firm.
Mr. Dawkins: Not if we can - we will!
Mr. Bailey: I have no problem with the future.
Mr. Dawkins: I think we have got three votes up here. We willl
Mr. Bailey: I have no problem with the future. What I am afraid of, is that
if we start with a new counsel at the moment, we will never beat the deadline,
that perhaps, is coming up on the tax reform bill, which is... we don't know,
depending on the...
Mr. Dawkins: Are you telling me, Mr. Bailey, that if I went out and got a
firm, and it is trying to get business, and I tell it that it is got a dead-
line to meet, you are saying that that firm, because it is located in Dade
County, will not make the deadline?
Mr. Bailey: Not because they are located in Dade County, but there is six
months worth of the work, that has already been in place, and this firm would
have to catch up, and I am not at all certain that they will catch up in time
for us to meet the deadline. I only want to finish what we have started, and
then go out for capability for new bond counsel, and you can specify that
being locally, and then we can determine fees and everything else.
Mr. Carollo: Well you know I would suggest that this item be taken up at the
same time as another item that I placed in the agenda would be taken up. I
think they go hand in hand. It would not make sense if we take them up
separately, and I am referring to item 66, "Discussion regarding the names of
bond counsel firms located within the City of Miami, including statements of
qualifications and experience."
Mr. Bailey: Right, and that is what I was referring to Commissioner that we
be given a time to determine when we go out and ask for those statements of
qualification to come back before you to make a determination who the bond
counsel would be, either on individual issues, or as a general counsel for the
City, with selection of our City Attorney being part of the co -counsel,
whichever one you decide.
68 April 10, 1986.
Mr. Carollo: Herb, all that I am saying is, take it up later on today, or
together, and at the same time I want to make it as clear as I possibly can, I
am not in favor, and I am putting my cards right on top of the table, of going
out to some of these national firms anymore. I want to keep all our business,
as much as we can, right at home. G
Mr. Bailey: No problem at all. We are bringing it back this afternoon, with
68?
Mr. Carollo: When we take up item 66.
Mayor Suarez: Or, alternatively, if the Commission so desires, we can take up
item 66 now.
Mr. Odio: Would you prefer to do that?
Mayor Suarez: We have gotten into the discussion of this item. I think there
is a general preference here to exclude, if we can, the New York firm of
Brown. Wood and Ivey. Insofar as we must retain them, or if you feel that we
must retain them, and insofar as the Commission would be willing to go along
with that recommendation as to two existing bonds, or refinancings, that they
not have the driver's seat, that they be in a secondary position to a local
firm, and then as to future bond issues, you know, we in selection, under
item 66, I believe, that we simply... I think the consensus of this Commis-
sion, because I will go along with what has been said, I feel exactly the same
way, is that we don't include Brown, Wood and Ivey. I am not disposed to
vote for any one firm, and I don't... if I were disposed to vote for any one
firm. I wouldn't vote for Greenberg, Traurig, necessarily, but I will say that
they have done all kinds of national issues, Herb, as you know, and they are
recognized outside of Miami, and there may be in the list of eleven, quite a
few others that have done issues outside of the City. My particular prefer-
ence would be to figure out if we could go to some kind of competition here.
Can we try to go to the lowest rate that someone will give us?... the lowest
cost. Is there any way that you can devise that would accomplish that?
Mr. Bailey: Item 66, when it is discussed, will bring out those issues, when
you ask for qualifications and experience, in that they will determine through
submission of their qualifications, their fee structure. We don't pay them
from any City funds. Their fee is determined by the issue, and it is taken off
of the sale.
Mayor Suarez: Well, they have a percentage, and maybe we can get a smaller
percentage if we go to some kind of competition here.
Mr. Bailey: It is a certain standard kind of percentage, and in their in-
dication of qualifications, they can indicate to us what would be their
percentage for fees.
Mayor Suarez: Madam City Attorney, do you want to... Lucia?
Mrs. Dougherty: I was just going to suggest that we request them to go on the
hourly basis, like the County has.
Mayor Suarez: Are they doing it on an hourly basis in the County now?
Mr. Bailey: The County passed, I think they are considering an ordinance or
a resolution that would stipulate hourly rates as opposed to a fee basis.
Mayor Suarez: Has it worked out to their advantage, do you know? Has anyone
got any track record on it?... because you never know with law firms on hourly
rates.
Mr. Bailey: They just passed it a couple of meetings ago, I believe.
Mayor Suarez: Do they specify the amount per hour that can be charged in
that?
Mr. Bailey: I don't know, unless the City Attorney knows. I am not familiar
with it.
69 April 10. 1986
T
Mayor Suarez: Do they bid it, do they put it out for bids on the amounts, per
hour?
Mrs. Dougherty: No. Law firm selection really isn't a subject to bidding.
Mr. Plummer: Ohl Ha, hal They are immune to it, right?
Mrs. Dougherty: That is right.
Mr. Plummer: Oh, ohl Like helll
Mr. Carollo: We could get the best of both worlds in a sense, if we follow
what the County has been doing.
Mr. Plummer: Yesl They are professionals, so they can't go into a bidding
procedure. You want to bet?
Mr. Carollo: If we do it as the County has been doing it, on an hourly
basis...
Mr. Plummer: That's right.
Mr. Carollo:... but again, put a clause that they still cannot go more than
"X" percent, then we get the better of both possibilities.
Mayor Suarez: They put a limitation on the total percent as a cap.
Mr. Carollo: The worst that will happen is if we don't get a lower rate, we
will still get the original percentage that we would have bargained for
anyway.
Mr. Dawkins: The problem I am going to have with that is, they would still get
the same amount of money, because all they would do is jack up the hours they
pturn in.
Mayor Suarez: Yes, they might compare one to the other.
Mr. Dawkins: You can't beat them at their own game.
Mayor Suarez: Well, but competitively you can, I bet you, if this Commission
is disposed to tryl I would be the first one to go along with the idea of
somehow making competitive the hourly fee. if you want to go with hours, or
the cap percentage, if you want to go with percentage, or both, as Commission-
er Carollo suggested, a combination of both, with a cap and an hourly...
Mr. Dawkins: We would have to do that two years from now, because we have
too many bond issues. We just passed $40... we just passed $75,000 worth of
bonds. We can't let them wait in limbo while we decide who we are gonna have
for bond counsel.
Mr. Bailey: I would agree with that. The fees sometimes do get a little out
of kilter. I would also suggest, in line with the suggestion that the Commis-
sion made just previously, that instead of having co -bond counsel, we get
primary counsel, and have our own City Attorney's office serve in the posi-
tion of co -bond counsel. That generates revenue to the City, rather than
having to go out and have someone else select who they think ought to be co -
bond counsel.
Mr. Plummer: Well, that is worth considering, but you know, I see nothing
wrong with asking law firms... you know, this ethical business is great for
them when it is protecting their pocketbook. but I have no problem with
asking a lawyer to propose to this City an hourly rate.
Mr. Bailey: You can request that in the statement of qualifications and
specifications.
Mr. Plummer: You bet your bippy you cant
Mr. Odio: Don't bet your bippyl
70 April 10, 1986
r
Mr. Plummer: Don't bet your bippy? No, bet your wallet) That is what I
mean.
Mr. Odio: Your wallet, OK.
Mayor Suarez: Well, there is nothing in our charter that precludes us from
asking for hourly rates and in effect...let... forcing them compete, is there?
And there is nothing in the process, or in the market that prevents us from
doing that. There is eleven qualified firms. If we and ask them for an hour-
ly rate, we are going to get some pretty low ones, in comparison to what we
would otherwise have to pay. There are going to be some hungry attorneys out
there, just like there are hungry contractors.
Mr. Carollo: Yes, the only problem we have right now is, do we have the time
to follow this process with some of the bonds that we have before us.
Mayor Suarez: I think so, because...
Mr. Bailey: I would say, Commissioner, that, for the two issues that are
pending, I just don't believe that the time is on our side to bring in new
counsel, but we do have other issues coming up for which there is ample time
for a new selection and new bond counsel, to become familiar with, through
working with our City Attorney, familiar with what it is that we are trying
to do, and you can select another bond counsel.
Mr. Carollo: Well, for instance, the law firm that the Mayor mentioned,
Greenberg, Traurig, have they had experience in working with these people?
Mr. Bailey: They have been, at one time, I believe, co -bond counsel with
Brown, Wood, Ivey. It is not the experience in bond matters, it is the
experience on a particular issue at hand at the moment. The construction note
issue is probably one of the most difficult issues that we have ever had to
do, at least in my experience, in terms of trying to get everybody satisfied,
because there are so many parties. We have been working on this over six
months, with not only Brown, Wood, Ivey, but with the underwriters and other
bond counsels, and there is so much work has gone through in terms of the
banks now becoming comfortable with committing themselves to $40.000,000 of
as a partnership with the City of Miami, I would believe that if we came in
with a new team at the moment, it might just destroy that whole relationship.
Mayor Suarez: Let me do this. Al, are you here on this item, on behalf of
Broad and Cassel? Would you answer the question, if we were to say that by
the next Commission meeting we would be ready to actually pick one or more
firms to have your firm propose an hourly rate?
Mr. Al Cardenas: Right, well, I think you have raised...
Mayor Suarez: And a low one at that.
Mr. Cardenas: Right, you have raised two separate issues. We would be
delighted to comply by whatever requisite or set of rules you and the Commis-
sion decide upon today, and we will do the best we can to be one of the most
competitive firms. The other issue raised as to the two firms to be selected
to work on these two issues that are up before you at this time, the one
thought that occurred to me, I don't know if they have gone through the state
validation procedures on reissuance, which takes about 30 days. If you haven't
and you select local firms today to work on those issues, you have got at
least a 30 day time frame within which to coordinate with Brown, Wood, and I
know we, for one, have worked with Brown, Wood in the past, and I think that
time frame would suit us fine to do the right job in coordination with them as
to those two issues. If you have gone past those State validation proceed-
ings, then the time may be shorter, but I presume the item is on the agenda
today because you were to select local counsel for those two issues, so I
think we can certainly take a lead, or be co -counsel, or work with them,
whichever you so choose, but we will live up to a set of rules that you
establish. My only thought to you is to not make a process so cut throat that
you are not getting the best possible services, because, you know, these are
multi -million dollar issues, and I am not so sure you want the law firm having
the lowest possible associates, so they won on the... see, law firms work on a
rate basis, as you know, Mr. Mayor, and rates change from your younger associ-
ate$ to your senior partners. What often times happens nationwide is that in
order to win the bid on a low bid, you come up and bid, and then you give the
71 April 10, 1986
4r Ar
job to your younger associates, so there is an even keel out there somewhere,
and we will participate...
Mr. Carollo: In this bond counsel issue, do the law firms work where the firm
gets the contract, or do you pay the individual partners, or how does that
work?
Mr. Cardenas: The law firm gets paid for its services, and you know every law
firm, I preLlime handles, or thinks differently, or similarly, at least for us,
our law firm charges a service and is paid for it. Of course, needless to
say, even if we were competitive on the prices, we couldn't do but give you
the best lawyers to work on your matters.
Mr. Plummer: Yeah, oh yeah, yeah, yeah.
Mayor Suarez: He charges at the rate of the older, more experienced attor—
neys but you have the younger attorneys actually do the work, we know)
Mr. Cardenas: We couldn't do that with the City of Miami, or anybody.
Mr. Plummer: Well, Mr. Bailey, I think the question really is, is there any
serious harm if we wait until the 22nd, and in the interim time, we ask for
these firms who are interested to make a proposal to this City, and make a
selection on the 22nd.
Mr. Bailey: For new issues, Commissioners, I think...
Mr. Plummer: I'm, I'm talking about the one before us.
Mr. Bailey: I think that would be, if you want to mention... talk to Carlos.
Mr. Carlos Garcia: Mr. Commissioner, I don't think there is enough time from
now to the 22nd, to go out to all the various local firms and ask them for
proposals. Probably, we will have to take that up in May, May 7th.
Mr. Plummer: What?
Mr. Garcia: May 8th. That will be OK for the 1986 General Obligation Bond
issue. Mr. Bailey may have some problems with the Overtown S.E. and the 1984
refinancing.
Mr. Carollo: Well, why would that represent a problem if we begin today and
tomorrow, to assign staff to contact all these firms, if they have the propos—
al for us by Wednesday of next week.
Mayor Suarez: By the end of the day, even if we don't call them, I have a
feeling they all going to know what we did here today. See Bob Sechen back
there, nodding affirmatively.
Mr. Carollo: What I want you all to understand though, and I think this is
how the majority of us feel, and you keep pushing us for Brown, Wood, Ivey,
Mitchell and Petty, we are telling you, we are not heading that way.
Mr. Odio: Mr. Commissioner, I think you should go for a local firm, but that
we need the time to do it properly.
Mr. Plummer: Well, I will tell you how to reverse that.
Mr. Odio: However you agree.
Mr. Carollo: Well, I agree with you, but I don't think they are understanding
me.
Mr. Odio: Well, they got the message.
Mr. Bailey: I think we do, Commissioner.
Mr. Plummer: We will see you on the 22nd.
Mr. Bailey: On the 22nd? Just one thing, Commissioner. I understand, quite
well, but we are, hopefully, can do this in time for which the rates are
favorable, and one of the reasons that we rushed in many cases, is for econom-
72 April 10, 1986
op
V 9
is reasons. We want to get into the market at the most favorable rate, when
we can do the refunding to save us considerable amount of money to the City.
So, that is all we are trying to do.
Mr. Carollo: Herb, if that is the case, it is such an emergency, am willing
to pick right now, and vote upon the firm that has the most experience in bond
counseling, out of the local firms that we have.
Mr. Bailey: Fine, yes. OK, I have no problem, whatever you decide. We just
want to get the market.
Mr. Odio: Yes, sir. Do it.
Mr. Bailey: We want to get the market.
Mayor Suarez: By the way, as far as the market, I think every indication is
that if the market continues to improve that way, Herb, I don't think it will
change by the 22nd, but you never know when you make these projections. For
all I know, gas will be at a $2.00 gallon by the 22nd, who knows?
Mr. Bailey: You are right, Commissioner. We run these rates on a daily
basis.
Mayor Suarez: Although I have seen it at 68 cents a gallon tool
Mr. Cardenas: Mr. Mayor, just one last word. If you have a time frame
problem as described by Mr. Bailey on these two issues, you may be wise to
choose two local firms, each to handle one of the issues, so that all of their
manpower can be placed to handle them as well as possible just once....
Mr. Carollo: I think it is also a possibility we could consider.
Mayor Suarez: Yes, I would think that if they were at a pretty reasonably
equal rate, that we could certainly go with two, so, if it... Commissioners,
we are down to three of us here. Commissioner Dawkins, do you want to just
simply make your motion formally to defer both items, 37 and 66? Do you want
to keep 66 on the hopper to reconsider later? How do you want to do this?
Mr. Plummer: I think 66 has already been discussed.
Mayor Suarez: OK.
Mr. Plummer: Joe put it on, so it is up to him.
Mr. Carollo: Well, 66 goes in hand with 37. They are really, you know, one
and the same.
Mayor Suarez: Unless you want to treat them differently, however the Commis-
sion wants to go on this.
Mr. Plummer: I think that this Commission has already discussed 66 and what
they want to do, and that was the purpose of 66, and that is to have them come
back.
Mayor Suarez: OK, do you want to make that into the form of a motion on 66,
so we can get on with 37, then?
Mr. Plummer: I respect to my colleague who put it on the agenda.
Mr. Carollo: I will make that in the form of an official motion.
Mr. Plummer: And I second.
Mayor Suarez: It has been moved and seconded. Any further discussion from
the Commission? Hearing none, please call the roll. That is on 66 now, Herb.
Mr. Bailey: I just have a question. Are we then instructed to put together
the list.
Mayor Suarez: We have got the list.
Mr. Carollo: We have got the list.
73 April 10, 1986
Mayor Suarez: Eleven qualified firms.
Mr. Bailey: So then we go out and solicit qualifications?
Mr. Plummer: Absolutely not That is not your responsibility. That is
legal, and that is the City Attorney's responsibility.
Mr. Bailey: No, I am just trying to get a clarification of what we do next.
Mr. Plummer: And I am clarifying itl
Mr. Bailey: Right.
Mr. Plummer: Not you, and not Carlos Garcia. That is the City Attorney. It
is a legal matter, and she will do it, and she will come back.
Mr. Odio: Let her earn her money.
Mr. Bailey: Fine with me.
Mayor Suarez: But, we do want rates included now, in their packages, in their
applications, and maybe a combination of a ceiling, plus an hourly rate, as
Commissioner Carollo proposed I though ... to go along with the County, plus an
additional improvement that we have added here, tacked on.
Mr. Odio: Fine.
Mayor Suarez: Best of both worlds improvement. So moved on item 66 and
seconded. Call the roll, please, and then we will go to 37 so we can clarify
that.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-263
A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE A PACKAGE
CONTAINING THE NAMES OF BOND COUNSEL FIRMS INTERESTED IN
CITY CONTRACTS LOCATED WITHIN THE CITY LIMITS AS WELL AS
STATEMENTS OF QUALIFICATIONS OR EXPERIENCE FOR EACH ONE
OF THE FIRMS AND TO BRING SAID PACKAGE BACK FOR CONSIDER-
ATION BY THE CITY COMMISSION IN CONNECTION WITH FUTURE
CITY BOND ISSUES.
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.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Mayor Suarez: Now on agenda item 37, does the Commission want to do the same
thing as to 37? Are you persuaded by the argument that we must move on this
quicker and ... no?
Mr. Carollo: We have to deferred 37 for the same reason.
Mr. Plummer: Second the motion.
Mayor Suarez: So moved and seconded. Are we implying now that we don't want
Brown, Wood and Ivey at all?
Mr. Plummer: Hope, we didn't say that.
Mayor Suarez: We are not leaving theca out?
74 April 10, 1986
0 9
Mr. Plummer: Let me tell you what is going to come about in my motion at the
next meeting. We are going to pick a local firm, and if they want to use
Brown, Wood, Ivey, as co -counsel, that is their privilege. If they want to
use somebody else, that is their privilege.
Mayor Suarez: They will be in the driver's seat.
Mr. Plummer: That is exactly correct.
Mayor Suarez: By the way interestingly, just to add to our understanding of
all of this, a lot of the "local" firms are really national firms nowadays.
They have offices outside of the City. I don't know about the eleven that we
have got, but some of the local firms that are also in the red book are really
national law firms, like Finley, Kumble, and some others...Lee, Wood,
Lucksinger and... in any event, we have a motion and a second. Any further
discussion from the Commission? Hearing none, please call the roll.
NOTION TO DEFER
Upon motion made by Commissioner Carollo and seconded
by Commissioner Plummer, agenda item 37 was deferred
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
30. APPROVE IN PRINCIPLE THE MIAMI CAPITAL IMPROVEMENT PROGRAM 1985-1991.
Mayor Suarez: Agenda item 38.
Mr. Odio: It has been deferred quite a few times and we need to get this
approved.
Mayor Suarez: The Capital Improvement Program?
Mr. Odio: It includes 269 projects that are now on hold, valued at
$517,000,000. and the major problem emphasis here is on housing through the
six year plan, so it is probably going to be...
Mr. Plummer: Mr. Mayor, I have no problem in moving this item, because we are
approving in principle and each item before us has to be brought back as
individual Commission approvals, so I have no qualms at all. I move 38 in
principle.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. Under discussion, I am now pretty much
satisfied Joe, as to the distribution of capital improvements, getting away
from infrastructure, getting away from street improvements, and I think this
Commission is a little bit tired of constant street improvements in our City,
if you call them improvements; and going to facilities, going to housing, go-
ing to the kinds of projects that we think are really needed badly, and I
believe your program reflects that new philosophy, and I have spent some time
with the director on that. Is that a fair statement that we are...
Mr. Joe McManus: That is correct, Mr. Mayor. We are giving more and more
emphasis to the areas of housing.
Mayor Suarez: Particularly housing, because of the dire need in our communi-
ty. We have a motion and a second. Commissioner's, is there any further
discussion. Commissioner Carollo?
Mr. Carollo: No. I said yes, no further discussion.
75 April 10, 1986
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-264
A RESOLUTION APPROVING THE CITY OF MIAMI CAPITAL IMPROVE-
MENT PROGRAM 1985-1991 IN PRINCIPLE; TO PROVIDE dUIDELINES
FOR CITY AGENCIES, BOARDS AND DEPARTMENTS.
(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.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
31. AMEND AGREEMENT WITH SEPTEMBER AND ASSOCIATES EAST PERTAINING TO POLICE
DEPARTMENT TRAINING SIMULATOR.
Mayor Suarez: Agenda item 39.
Mr. Dawkins: Mr. Mayor, on 39 and 39.1, Mr. Manager, in 39, you are going to
go out with an R.F.P. to refurbish our...
Mr. Odio: On 39 we are asking for an amendment to the agreement with Septem-
ber and Associates in the amount of $16,000.
Mr. Dawkins: Go ahead. No, 39 is not it. Go ahead. Move it.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Under discussion? Commissioner Carollo.
Mr. Carollo: Why is the additional $16,000 needed?
Mr. Odio: Go ahead, Jack.
Mr. Jack Eads: There are three items, Commissioner. The first is $9,500. It
is a reimbursement to the contractor, September and Associates, for delays
they suffered, at no fault of their own, in installing the simulator in the
old fire station building. Those delays were caused by the contractor that
the City contracted with to make those construction modifications the build-
ing to accept the simulator.
Mr. Carollo: Were there any delays on their part at any time?
Mr. Eads: Yes, sir. There were some...
Mr. Carollo: Well, that is what I recollect. Did they reimburse us for those
delays?
Mr. Eads: No, sir.
Mr. Carollo: Well, why should we reimburse them for our delays?
76
April 10, 1986
Mr. Eads: Well, their delays were actual out of pocket expenses. They had
people in town ready to perform certain parts of the task. We were unable to
give them the building.
Mr. Carollo: Yes, but Jack, time is money, and if I recollect, they had some
very extensive delays before they got going on this, and, I find it difficult
to believe that they had people just here waiting, enjoying Miami and the
beaches for all this time, and they had $9,500 worth of expenses for that.
Have we had bills from them, I mean to verify?
Mr. Eads: Yes, sir, it was documented.
Mr. Carollo: What kind of documentation have you received, and for what have
they claimed that they had expenses that totaled $9,500?
Mr. Eads: Well, it involved flying and bringing a number of people down
from, I believe, Flint, Michigan; certain expenses while they were here for a
period of time, when they were unable to use them, and then they had to fly
them back.
Mr. Carollo: Such as what? Did we pay them for their dining, and...?
Mr. Eads: Hotel and per diem expenses, yes, sir.
Mr. Carollo: Well, I would like to see the City negotiate with them, because
they made us wait a heck of a long time also. Now, this $9,500, what is the
rest of the $6,500 for?
Mr. Eads: There is $3,250, which is for electrodes and batteries. They
provided us beyond the scope of contract for a heart monitoring system,
called a biofeedback system. It allows you to monitor the heart rate of the
individual going through the simulator and determine his level of anxiety,
essentially, is what it amounts to. That requires electrodes, three elec-
trodes attached to the chest.
Mr. Carollo: That was not part of the contract at all, with them?
Mr. Eads: No, sir, it wasn't. They provided the hardware, the equipment to us
at no cost, and we provided the electrodes - the recurring expense of those
electrodes, and the other item in the same amount was for the installation of
the video beads to the three classroom facilities in the simulator building.
That allows for people in the community, or other people to observe what is
happening in the simulator room, while that is going on.
Mr. Carollo: How come these two last issues for $6,500 were never negotiated
as part of the original contract?
Mr. Eads: They were not contemplated at the time the contract was originally
negotiated.
Mr. Carollo: In other words, somebody made a mistake, and did not think ahead
of time that we would need that.
Mr. Eads: No, sir. Well, it wasn't an issue during the contract negotia-
tions. It was something that came up after the contract was negotiated and
awarded.
Mr. Carollo: I think that, and at least before I would vote favorably for
this, I need to find out just how much time they delayed in their part to the
City, and what it cost us, in delays, before I could vote to pay them $9,500
for the alleged delays on our part. I would like to look closer at some of
the bills that they have sent us, to document that financial request.
Mr. Dawkins: Mr. Ends, the $6,500, these are changes requested by the Admin-
istration, am I right? So, therefore, they could not have been put in the
original contract, am I right?
Mr. Eads: Well, they were not in the original contract.
Mr. Dawkins: All right, I mean, if there were changes, they were not there,
right?
77 April 10, 1986
Mr. Eads: Correct, sir.
Mr. Dawkins: So, legally, we owe them the $6,500, right? I mean, we owe them
all of it, but I am like Joe said - he wants to see documentation on the
$9,500, but my thing to Joe is that we requested the $6,500 worth of changes,
didn't we? I mean, after we negotiated them, I don't mean we requested them.
Mr. Eads: Yes, air, they were negotiated.
Mr. Plummer: And they were approved.
Mr. Dawkins: Yes, they were approved by us, Joe, for $6,500.
Mr. Carollo: Now, I have no problem in making a motion for the $6,500 for
that, but not for the rest.
Mr. Plummer: I second it.
Mayor Suarez: So moved and seconded, limiting it to $6,500. Any further
discussion from the Commission? Call the roll, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-265
A RESOLUTION RATIFYING, BY A 4/5THS AFFIRMATIVE VOTE
OF THE MEMBERS OF THE CITY COMMISSION, THE CITY
MANAGER'S FINDING THAT A VALID EMERGENCY NEED EXISTED
FOR THE EXPENDITURE OF $6,500 TO INCREASE THE CONTRACT
AMOUNT OF THE MAY 17, 1983 AGREEMENT WITH SEPTEMBER
AND ASSOCIATES EAST, INC. RELATING TO THE POLICE
DEPARTMENT TRAINING SIMULATOR, WITH FUNDS THEREFOR
ALLOCATED FROM THE LAW ENFORCEMENT TRUST FUND; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
INCREASING THE CONTRACT AMOUNT OF SAID AGREEMENT BY
$6,500.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
32. AUTHORIZE BID PROCESS FOR PURCHASE OF PORTABLE TELESCOPIC BLEACHERS FOR
COCONUT GROVE EXHIBITION CENTER.
Mayor Suarez: Agenda item 39.1.
Mr. Dawkins: Mr. Manager...
Mr. Odio: This is something that I requested.
Mr. Dawkins: Wait a minute, Mr. Manager, wait a minute, before you tell me
why you requested it. Why would you take 35 and put out an R.F.P. to rede-
sign, or redevelop the Coconut Grove Exhibition Center, OK?... and then you
turn around, and now we are going to send out for somebody to come in and show
us how to make it pretty. And now you are going to spend $170,000 to buy some
bleachers that this guy may not figure in his R.F.P.?
78 April 10, 1986 '`
Mr. Odio: I will explain why. The U.D.P. process, we have only talking about
this for two years, or three, and we were only asking whether we should do it
or not. In the meantime, the facility is losing money. For $170,000, we
could increase at least 20 more activities there in that center. The monies
will be paid back just from the use alone in two years. We can bring wres-
tling back on a weekly basis. We can bring tennis matches.
Mayor Suarez: What kinds of functions do we hold with these bleachers that we
can't hold now?
Mr. Odio: We cannot hold basketball, tennis, wrestling. Boxing, we are
having a difficult time with it. We have to move portable bleachers every
time. They are very uncomfortable. We discovered that these bleachers were
bought by F.I.U. They are a new development on the telescopic bleachers.
Three, four years ago, I went and asked the same question and it cost
$1,000,000. Now, they say we can get them for $170,000, and we can pay them
back in two years, Commissioner Dawkins. Now, if whoever takes over the
building, if we did that, would have to pay us back for that, too. It would
be part of the U.D.P. that whoever purchases the building would have to pay us
back for any equipment we have there.
Mr. Dawkins: Well, if the $170,000 worth of bleachers will help us make
money, why are we going to put it out for U.D.P.? Why doesn't the City
operate it, and we make money?
Mr. Plummer: Because the City, over a period of time, has proven they are
damn lousy promoters. You go back and look at the history of this City when
you in - house try to promote. It is the biggest failure that we have had,
and unfortunately, that is the case. Your City people are not profit motivat-
ed, orientated. You know, the are nine to fivers!
Mayor Suarez: Are there now, presently, conflicts in scheduling for the James
L. Knight, of events that would otherwise be able to be held there, that you
could envision?
Mr. Odio: Yes sir, there would be no conflict. They would be totally dif-
ferent types of events.
Mayor Suarez: So it would help us to resolve conflicts that we might other-
wise have at the James L. Knight?
Mr. Odio: Yes, it would. I believe, if there is anything that I have felt
strongly about, it is these bleachers. I have been saying for years, we
should have had them there. It would have been the complete facility, which
we don't have now, and it sits there idle.
Mr. Dawkins: This money will come from the $15,000,000 that the newspaper
said that you saved this morning?
Mr. Odio: No, sir. It comes from Capital Improvement.
Mr. Dawkins: OK, no problem.
Mr. Odio: But, even if it had to come from that, I think it would be worth
it.
Mr. Plummer: You want the truth? When they did the improvements three or
four years ago, there was money in that bond issue to buy these bleachers, and
the money had to be diverted to finish the project of the roof and the air
conditioning and the ceiling, and there was not sufficient monies left to do
the bleachers. These bleachers will in fact... if you don't do anything but
appeal to wrestling, and as popular as that is today, you will be going a long
way towards helping the revenue of that auditorium. Besides that, we can get
the Mayor to wrestle with Mickey Mouse, and that will be a hell of a draw.
Mayor Suarez: I didn't even know what you meant when you first said itl I
don't know what "wrestling" is. Now I dol
Mr. Plummer: I move 39.1.
Mrs. Kennedy: Second.
79 April 10, 1986
. ...... ..... n., .,.c ..ra..T .::::T It✓nth- i�n9e-a'.=:
Mayor Suarez: Moved and seconded. Any further discussion from the Commis-
sion? Hearing none, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-266
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ADVERTISE
FOR, RECEIVE AND AWARD BIDS FOR THE PURCHASE OF
PORTABLE TELESCOPIC BLEACHER SEATING FOR INSTALLATION
IN THE COCONUT GROVE EXHIBITION CENTER AT A COST NOT
TO EXCEED $170,000 WITH FUNDING TO BE ALLOCATED FROM
THE CAPITAL IMPROVEMENT FUND FOR SAID PURCHASE.
(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.
WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT
12:01 P.M. RECONVENING AT 2:33 P.M. WITH ALL MEMBERS
OF THE COMMISSION FOUND TO BE PRESENT EXCEPT COMMIS-
SIONER KENNEDY.
33. DEFERRAL OF DESIGNATING CATEGORY "B" PROJECT/LAND SURVEYING SERVICES FOR
CITY.
Mayor Suarez: Agenda item 40. We are proceeding in the same order that we
were going. Are we designating a general land surveyor contract for all
projects of the City, or what is this all about?
Mr. Odio: Mr. Cather.
Mr. Don Cather: We at the present time have engaged three land surveyors to
do work on City projects. By the end of this year, two of the contracts will
have run out. We are asking to go through a new selection process, to select
new land surveyors to do City work on a contract basis. This will set up a
committee which will interview them according to our present ordinance. After
they have been interviewed and rated in rank order, they will be submitted to
the City Manager, who will then bring them to you for approval or denial.
The committee has not been named yet. Mr. Lou will head it.
Mr. Plummer: Move that it be deferred.
Mr. Dawkins: Second.
N=: Commissioner Kennedy entered the meeting at 2:35 P.M.
Mr. Cather: Why, what do you want?
Mr. Plummer: I want to know who the committee is.
Mr. Cather; On the selection committee?
80
April 109 1986
Mr. Plummer: I want to know who is on the selection committee.
Mr. Cather: Very well, we will send the selection committee to you.
Mr. Plummer: Once you do that, because as I told you before, I want some
outside input. I want an outside person that is totally independent from the
City. I want their input into the selection committee.
Mr. Cather: Would an engineer from the County be satisfactory to you?
Mr. Plummer: No, not government, private sector.
Mr. Cather: Private?
Mr. Plummer: Yes, sir.
Mr. Cather: Private sector. Do you want engineers, or do you want outside
citizens, such as...
Mr. Plummer: Someone that has some knowledge about what they are doing.
Mr. Cather: Contractors, that type?
Mr. Plummer: Fine.
Mr. Cather: Very well, sir.
Mr. Plummer: Move that we defer 40.
Mayor Suarez: Item 40, Commissioner Plummer has moved to defer, pending our
obtaining a list of who will be serving on the committee that will help to
select the firms.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any further discussion from the Commis-
sion? Hearing none, please call the roll.
MOTION TO DEFER. Upon motion made by Commissioner Plummer
and seconded by Commissioner Kennedy, item 40 was deferred
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
34. APPOINT ROSE GORDON AND WILLIAM HANKER TO METROPOLITAN DADE COUNTY AUDIT
REVIEW COMMITTEE TO REVIEW WATER AND SEWER AUTHORITY BUDGET.
Mayor Suarez: Agenda item 41, Audit Review Committee.
Mr. Odio: Yes, we need appointments from the Vice -Mayor, Commissioner
Kennedy and Commissioner Carollo.
Mayor Suarez: OK, Commissioners, are you ready to make your appointments?
Do you want to...
Mrs. Kennedy: I am ready to make mine.
Mr. Carollo: Mr. Mayor, I will submit my appointee to members of the Commis-
sion and the Manager on Monday in writing.
81 April 10, 1966
P
Mayor Suarez: Thank you, Commissioner. Commissioner Kennedy, do you have
your nominees?
Mrs. Kennedy: Yes, it is Rose Gordon.
Mayor Suarez: Do you get one or two?
Mr. Plummer: One.
Mayor Suarez: Rose Gordon nominated by Commissioner Kennedy. Commissioner
Dawkins, do you wish to make your nomination today, or reserve that?
Mr. Dawkins: Mr. Manker of Manker Funeral Home on 54th and 21st. Competi-
tion!
Mr. Plummer: I move that the two names submitted be approved, including the
one with Commissioner Carollo, who will submit his at a later date.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion from this Commission?
Hearing none, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-267
A RESOLUTION DESIGNATING AND APPOINTING CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS ON THE AUDIT REVIEW
COMMITTEE ESTABLISHED BY DADE COUNTY ORDINANCE NO. 86-
8, ADOPTED FEBRUARY 4, 1986, ENTITLED: "ORDINANCE
ESTABLISHING AN AUDIT REVIEW COMMITTEE TO PERFORM AN
ANNUAL REVIEW OF THE MIAMI-DADE WATER AND SEWER AU-
THORITY DEPARTMENT'S BUDGETS AND SEGREGATION OF FUNDS;
PROVIDING AN EFFECTIVE DATE; FURTHER DIRECTING THE
CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLU-
TION TO THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS
OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
35. APPOINT GUY SANCHEZ TO LATIN QUARTER REVIEW BOARD.
Mayor Suarez: Agenda item 42.
Mr. Odio: We need two appointments from Vice -Mayor Dawkins.
Mayor Suarez; To the Latin Quarter Review Board.
Mr. Dawkins: You need two?
Mr. Odio: Yes, air. Two.
82 April 10, 1986
=F'
r r
Mr. Dawkins: OK, well, I have one was on there who wants to go back and that
is the gentlemen from Florida Power and Light. What is his name?
Mr. Odio: Guy Sanchez?
Mr. Dawkins: Yes, and I will get you another one.
Mr. Odio: Yes, air.
Mr. Plummer: I move that they be accepted, including the one which he will
surrender at a later time.
Mrs. Kennedy: Second.
Mr. Carollo: Second.
Mayor Suarez: It has been moved and seconded, thirded. Please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-268
A MOTION APPOINTING MR. GUY SANCHEZ TO THE CITY OF
MIAMI LATIN QUARTER REVIEW BOARD. (NOTE: Mr. Guy
Sanchez was nominated by Vice Mayor Miller Dawkins.
Pending is another nomination to be made by Vice Mayor
Miller Dawkins.)
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
36. APPOINT DAVID RAY, HUGH PATRICK, STUART SORG, AND RON FALKIE TO WATER-
FRONT BOARD.
Mayor Suarez: Agenda item 43, Miami Waterfront Board.
Mr, Odio: In the Waterfront Board, there ere four Waterfront Board members
who have expired their terms, end we need to get that board back into func-
tioning.
Mr. Plummer: Who do they belong to?
Mrs. Kennedy: Whose appointments?
Mr. Odio: Well, all of you can make an .... There are four, and there are
five of you, so...
Mr. Plummer: I nominate Mr. David Ray, R-a-y.
Mr. Dawkins: How many appointments is there?
Mr. Plummer: Four.
Mr. Odio: Excuse me, let me get this clear. We need to nominate one from the
commercial marine interests; we need one from the civic group, and we need
another one from a non -transient users of City marinas.
83 April 109 1986
Aft
Mr. Plummer: Mr. David Ray would come under group one.
Mr. Dawkins: Mr. .... what is the guy's name who works at the marina over
here?
Mr. Odio: Stuart Sorg?
Mr. Dawkins: No.
Mrs. Dougherty: Al Rodriguez.
Mr. Odio: Al Rodriguez?
Mr. Dawkins: Corey, what is his name?
Mr. Odio: Al is on his way.
Mr. Plummer: Victor Cahill?
Mayor Suarez: Mr. Patrick, are you are a candidate for reappointment?
Mr. Patrick: Yes I am.
Mayor Suarez: Which of these various interests that are supposed to be
represented in the council do you fit into?
Unidentified speaker: Number six.
Mayor Suarez: Which is...?
Mr. Patrick: City parks. (OFF MICROPHONE)
Mayor Suarez: Do we have an opening in that category?
Mr. Plummer: Right.
Mr. Dawkins: OK, its Mr. Roy Falkie for the marine interests.
Mr. Plummer: Well. actually, what I am looking at here, is we have five to
nominate. and two alternatives.
Mr. Odio: Well there are four vacancies, according to what I am getting
here.
Mayor Suarez: I will nominate Hugh Patrick for reappointment.
Mr. Plummer: Under what group?
Mayor Suarez: He is general category.
Mr. Plummer: Number six?
Mr. Odio: I am sorry. I will stand corrected, Mr. Mayor. I will stand
corrected. There are four Waterfront Board members who have expired on April
18th. Additional, there are three other vacancies. so we have seven appoint—
ments.
Mayor Suarez: Does that include some'alternates, or is that seven regulars?
Mr. Plummer: There is two alternates.
Mr. Odio: We have two alternates.
Mr, Plummer: Yes, that is correct. There are five appointments and two
alternates. That is correct.
Mayor Suarez: I nominate Hugh Patrick for regular. Stuart, I guess, wants
to... Commissioner Kennedy?
Mrs. Kennedy: I will nominate frogman Stuart Sorg.
Mayor Suares: He is back there.
1L:
0
84 April to, 19-6
Mr. Plummer: So, he would be under group four, and the gentlemen, Mayor that
you from group six.
Mayor Suarez: Right. Commissioner Carollo wants to reserve one nomination to
be made later.
Mr. Plummer: And Falkie came under what?
Mayor Suarez: That was Commissioner Dawkins' appointment.
Mr. Plummer: Well, Falkie, I think, would have to come under group six.
Mrs. Dougherty: Is that on the agenda?
Mr. Odio: Yes, that is the representative of the City Commission.
Mr. Plummer: Right, there are two under that group.
Mr. Plummer: And then we have to nominate two alternates.
Mayor Suarez: We have left one regular open for Commissioner Carollo to
appoint, and we have two alternates to nominate.
Mr. Plummer: That is correct.
Mayor Suarez: Do you wish to address us on this issue, by any chance? No?
You are keeping it warm.
Mr. Dawkins: Let's move on what we have and come back to the alternates.
Mayor Suarez: OK, we will come back for the alternates. I understand Lynn
Dannheiser wants to be on it, but I would like to know more whether she fits
under one category or the other.
Mr. Plummer: I move that those names submitted be approved.
Mr. Carollo: Second.
Mayor Suarez: So moved and seconded. Please call the roll on the five
regulars, four plus one for Commissioner Carollo.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-269
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
ON THE MIAMI WATERFRONT BOARD.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Please remind us about the alternates, A1.
85 April 10, 1986
--
37. APPOINT RAUL GONZALEZ VIERA TO CODE ENFORCEMENT BOARD.
Mayor Suarez: Agenda item 44.
s
Mr. Odio: Item 44. sir, is the Code Enforcement Board. The appointment is `
from Commissioner Carollo.
Mayor Suarez: On the Code Enforcement Board, Commissioner...
Mr. Carollo: Yes, I would like to nominate Raul Gonzalez.
Mr. Plummer: I move that that nomination be approved.
Mayor Suarez: So moved. -
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Please call the roll, hearing no further discus-
sion.
The following resolution was introduced by Commissioner Plummer. who
moved its adoption:
RESOLUTION NO. 86-270
A RESOLUTION APPOINTING AN INDIVIDUAL TO THE CITY'S
CODE ENFORCEMENT BOARD TO SERVE A TERM EXPIRING
FEBRUARY 9, 1987.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins. the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Note: Although absent during roll call, Commissioner Kennedy requested of the
City Clerk to be shown voting with the Resolution.
------------------------------------------------------------------------------
38. ESTABLISH GUIDELINES FOR MINORITY AND WOMEN PROCUREMENT COMMITTEE.
Mayor Suarez: Agenda item 46.
Mr. Odio: This is the resolution that provides for the City Commission's
approval of this committee's guidelines, that is Minority and Women Procure-
ment, for the Commission's designation of members from an attached list of
recommended organizations. If you have any questions, Adrienne Mac Beth can...
Mayor Suarez: Do we have to decide whether we are going to create a Commis-
sion of ten, or fifteen, is that... Adrienne?
Mr. Plummer: Committee size is eleven, no less than eleven, no more than
fifteen.
Ms. Adrienne MacBeth: No more than fifteen. The ordinance establishes the
committee. The resolution that you are considering is a result of the process
which the Manager directed staff to take to implement the ordinance. The City
Manager is desirous of your involvement in this process, and of your knowl-
edge of what we have done already, and of achieving the 51 minority and female
procurement goal that we have established. For these reasons, the Manager has
prepared this resolution and your approval will greatly facilitate this
process.
Mayor Suarez: What size board do you recommend, then?
Ms. MacBeth: No less than eleven, no more than fifteen.
Mr. Dawkins: To do what? I wasn't listening.
Ms. MacBeth: They will assist the Manager in the implementation of the
ordinance, Commissioner, by advising him regarding the set aside provisions of
the ordinance, based on the reports that will be provided to them monthly.
Mr. Dawkins: What makes it so unique that you have got to have a committee to
oversee the women's part of it, when you don't have a committee to oversee the
Black and the Latin part of the procurement ordinance?
Ms. MacBeth: Sir, this committee will oversee all three elements of it.
Mr. Dawkins: I can't hear you.
Ms. MacBeth: This committee will oversee all three of those elements.
Mayor Suarez: You just stated that it would oversee all three of the ele-
ments, right?
Ms. MacBeth: All three of the elements, yes, sir. It is one program.
Mr. Dawkins: You didn't say that in the ordinance.
Ms. MacBeth: They are all a part of one program, sir. The categories that
we have identified cover Hispanics, women, and Blacks. We intend for 51
percent of this committee to in fact, represent those three interests.
Mr. Plummer: Well, I would assume what you are asking us to do today is to
create the committee with the guidelines, and then we will appoint the members
at a later date.
Ms. MacBeth: Sir, the ordinance creates the committee. What we are asking
you to do is to in fact, to approve the action that we have taken by solicit-
ing community input as to the representatives should be on this committee.
Mr. Plummer: That is not the correct way, because of the fact that these are
things that you have recommended. We have not approved it.
Ms. MacBeth: No, sir, I am just saying that the ordinance is already estab-
lished the committee, with the Manager having the perogative to appoint
members. However, the Manager wanted the Commission in fact, to be involved
in that process.
Mr. Plummer: You do not understand me. These are guidelines that are being
put forth. The Commission has not approved these guidelines at this particu-
lar point.
Ms. MacBeth: No, sir. You would be approving the guidelines, and then you
would be assisting us by designating from the list which we have given you,
from eleven to fifteen members, who would, in fact, be appointed by the
Manager to be on this committee.
Mr. Plummer: Well, I've got some problems here, and the problems that I have
is about drawing straws. I think this Commission will designate who is a two-
year term, and who is a three year term. I think that this Commission will
designate who is the chairman, or chairperson, and the only other one that I
have some question about, is that 51 percent of these must be minority busi-
ness or professional woman.
87 April 10, 1986
Ms. MacBeth: Sir, what we are saying is 51 percent of them should be repre-
sentatives of minority, which speaks to Hispanic and Black, and female busi-
ness interests, professional interests, and/or trade interests, because the
ordinance...
Mr. Plummer: All three?
Ms. MacBeth: Yes, air.
Mr. Plummer: It doesn't say that. All right.
Ms. MacBeth: With respect to the appointment or the designation of the terms,
we have no problems with that, nor do we have any problems with you appointing
the chair, once the committee has been appointed.
Mr. Plummer: Well, Mr. Mayor, I am in a position, as far as my vote is
concerned, to adopt the guidelines with those amendments, and then we will
come back at the next meeting and we will in fact, designate the members.
Hr. Odio: OK.
Ms. MacBeth: Thank you.
Mr. Plummer: I so move item 46 as amended.
Mayor Suarez: So moved. We will reserve for later the actual appointments.
The guidelines include how many members, just a minimum, minimum and maximum
Mr. Plummer: Fifteen.
Mr. Odio: Minimum of eleven, maximum of fifteen.
Mr. Plummer: No, adopt fifteen.
Mr. Odio: Yes, fifteen, fine.
Mayor Suarez: Oh, you want to adopt fifteen? That is an uneven number, and
it happens to be divisible by five. Thank you, Juan. Very important around
here.
Mr. Dawkins: Second.
Mayor Suarez: It is moved and seconded. Any further discussion from the
Commission? Hearing none, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-271
A RESOLUTION APPROVING THE ESTABLISHMENT OF THE
GUIDELINES FOR THE IMPLEMENTATION OF THE MINORITY AND
WOMEN BUSINESS AFFAIRS AND PROCUREMENT COMMITTEE AS
ESTABLISHED BY ORDINANCE NO. 10062, ADOPTED DECEMBER
19, 1985.
(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.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOESt None.
ABSENT: Commissioner Rosario Kennedy
}
aE
88 April 10, 1986
pp�si
39. WAIVING PROHIBITION AGAINST CONTRACT WITH FORMER CITY EMPLOYEE WITHIN
TWO YEARS AFTER LEAVING THE CITY FOR ROBERT SECHEN, ESQ.
Mayor Suarez: Agenda item 48, which was initially scheduled for 11:40 a.m.
Did we lose the individual in question? He seemed like he was here in the
morning. There he is. How could you miss him, all six foot eight of himl
Mr. Plummer: If we have got pay him by the inch, we are out of luck.
Mayor Suarez: Item 48 does not specifically...
Mr. Plummer: I move 48.
Mr. Dawkins: Second.
Mrs. Dougherty: This is a public hearing. Nobody wants to talk.
Mayor Suarez: OK, we don't need any further clarifications, I guess, if there
is no controversy on it.
Mr. Plummer: Mr. Mayor, it is a public hearing. Does anybody of the public
want to talk?
Mayor Suarez: Anybody want to be heard on excluding Mr. Bob Sechen from the
ordinance that would prohibit someone who works for the City, for I guess two
years after he leaves the employment, from obtaining any City contracts.
Anyone wants to speak for, or against? Hearing none.
Mr. Plummer: Let the record reflect that no one came forward. I move 48.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Hearing no further discussion from the Commission.
Please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-272
A RESOLUTION WAIVING, BY A 4/5TH AFFIRMATIVE VOTE OF
THE MEMBERS OF THE !':TY COMMISSION AFTER A DULY
ADVERTISED PUBLIC HEAF'.:", THE PROHIBITION AGAINST THE
CITY ENTERING INTO R CONTRACT WITH A FORMER CITY
OFFICER, OFFICIAL OR EMPLOYEE WITHIN TWO YEARS AFTER
LEAVING CITY EMPLOYMENT AS SUCH PROHIBITION APPLIES TO
THE CITY'S ENGAGEMENT OF THE LEGAL SERVICES OF ROBERT
N. SECHEN, ESQ., WHOSE LAST SERVICE AS AN ASSISTANT
CITY ATTORNEY WAS PERFORMED MARCH 15, 1986.
(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.
89
April 10, 1986
0 0.
40. EMPLOY TWO LAW FIRMS FOR SOUTHEAST OVERTOWN/PARKWEST PROJECT.
Mayor Suarez: Item 49 specifies actual services to be rendered by two differ-
ent firms. Is that correct, Mr. City Manager? One being... Madam City
Attorney?
Mrs. Dougherty: One firm is Beatty and Shy. It is an ongoing contract that
we have had with them, at $150 per hour, and this an extension of an existing
contract with them, to finish up the acquisition closings. The other con-
tract is with Mr. Sechen at $125 per hour, maximum, to finish up some items
that he has been working on while he has been an assistant in my office, and
is now going into private practice.
Mr. Dawkins: Somebody tell me, how much money is left in the Beatty and Shy's
contract, money?
Mrs. Dougherty: There is no more money, because..
Mr. Dawkins: All right, so how can you hire them then, on a continuing
contract that has no money?
Mr. Plummer: That is what this is.
Mrs. Dougherty: That is why we have it here. This is exactly what you are
approving now.
Mr. Dawkins: OK, resolution six, passed by the City Commission on June 13,
1985, and established an amount of $30,000 to be utilized by the Southeast
Redevelopment Project for legal fees, $30,0001
Mrs. Dougherty: That $30,000...
Mr. Dawkins: You tell me now that $30,000 has been spent.
Mrs. Dougherty: That is correct.
Mr. Dawkins: And now you are going to hire two other people out of a fund
that has no money.
Mrs. Dougherty: No, we are now funding it by this resolution.
Mr. Dawkins: How much?
Mrs. Dougherty: We didn't put a cap on it.
Mr. Dawkins: No, no, no. Give me an amount.
Mrs. Dougherty: No more than $50,000.
Mr. Dawkins: $50,000, all right, and $25,000 must be spent with Beatty and
Shy, and $25,000 with the other firm.
Mr. Plummer: Whoal Whoal
Mr. Dawkins: Whoal Whoal
Mr. Plummer: No, no, nol
Mr. Dawkins: Oh, yes, yes, yesl
Mr. Plummer: No, I am not questioning where it is going.
Mr. Dawkins: (LAUGHTER)
Mrs. Dougherty: This is a maximum amount.
Mr. Plummer: Why, if the original contract was $30,000, a supplemental is
$50,000?
90 April 10, 1986
v
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Mrs. Dougherty: These are different services. One of them is... I am not
saying... this is $50,000 for both of them, not just one of them.
Mr. Dawkins: But, before, you only had one for $30,000, and then supposed to
have done half the work.
Mr. Plummer: I don't understand that.
Mrs. Dougherty: Remember, we had a S30,000 contract at S85 an hour, but you,
you in your wisdom, increased the amount of hourly...
Mr. Dawkins: Not me and my wisdom, me in the effort to be fair and just, said
that you would not pay a Black firm $85 an hour when you were paying a White
firm $175, now that is what made it right. There was no infinite wisdom.
Mrs. Dougherty: Anyway, we are paying them...
Mr. Dawkins: And I will strike that from the record that we were not a bunch
of babies sitting up here twiddling our thumbst
Mrs. Dougherty: That is correct.
Mr. Dawkins: OK, thank you.
Mrs. Dougherty: And anyway, you are paying this firm $150 per hour, which
meant that we had to increase the amount paid to Beatty and Shy from $30,000,
and that is what I am doing here. I didn't put in an amount, because I don't
know how much. That is why I am asking you to give me an amount now, not to
exceed $50,000 for both of them.
Mr. Dawkins: But, Madam City Attorney, you hired Beatty and Shy for $30,000,
OK? A Black firm, OK? Now, all of a sudden, you are bringing in a White
firm, and half the work is done, and you are doubling the money. I don't
understandt I mean, you see, I hear you, but I have to bring these things up
when they occur, so that when I start arguing, people say, you know you are
right, see? Now, if you can show me where half the work is done... how long
would we need the services of Mr. Sechen?
Mrs. Dougherty: Mr. Sechen would not be doing any of the kind of work that
Beatty and Shy do. Beatty and Shy do title work, and they will do all of the
title work that is necessary for the...
Mr. Dawkins: OK, how much... what would you estimate the title work will cost
for them to do?
Mrs. Dougherty: The title work to be finished up at this time?
Mr. Dawkins: Yes, Ma'am.
Mrs. Dougherty: No more than $25,000.
Mr. Dawkins: All right. So now, that means that the $25,000 it would take
Mr. Sechen to do what he didn't do while we were paying him as the City
Attorney.
Mrs. Dougherty: If that is your maximum, yes. If it takes more, then we
would have to come back.
Mayor Suarez: Now, let me establish to my satisfaction, first of all, and to
the satisfaction of any other Commissioner that may be concerned - is it
absolutely clear that we cannot do all this work in - house?
Mrs. Dougherty: No, it is not clear that we can't do it in - house. It makes
more sense...
Mayor Suarez: You know I always ask you that question, so...
Mrs. Dougherty: Yes. What it means is, it is more much more efficient and
economical to send it out and give it to somebody who has been negotiating for
three years with developers, rather then spend the time and'having somebody in
MY office catch up on all of that work.
91 April 10, 1986
Mr. Dawkins: What I am concerned about, Mr. Mayor...
Mayor Suarez: Yes, Commissioner.
Mr. Dawkins:... is that we have a Law Department, and instead of cross -
training, or cross - working, and having two individuals working side by side
on things like this, where when incidents like this happen, somebody can pick
up the ball, we didn't have that. Now, if Mr. Sechen had dropped dead, you
are telling me that we would have been up a tree because we didn't have nobody
who could step in and do this.
Mrs. Dougherty: No, we wouldn't be up a tree.
Mr. Dawkins: Well then, you don't need himl
Mrs. Dougherty: Mr. Commissioner, this has been requested by our
Department's.
Mr. Dawkins: Yes, Ma'am. Yes, Madam City Attorney.
Mrs. Dougherty:... who have been working with Mr. Sechen during this period of
time. It doesn't...
Mr. Dawkins: OK, either you need him, or you don't, and if you need him, it
means that nobody else could do the work.
Mayor Suarez: We have not...
Mrs. Dougherty: I am not saying somebody else can't do the work. They can't
do the work as efficiently, with the knowledge that he has. He has been
working on these projects for the last three years. What I am saying to you,
is from the Department's standpoint, and from my Department, it makes sense
not to bring somebody in and train somebody else. Now, if you want me to
have two people working in every project we have, I am going to have to double
my staff.
Mr. Dawkins: No, well, maybe we will get another City Attorney who could do
it with one staff. I mean, you know, if we want to play hard ball! See? We
can give you some directions, and then if you can't fulfill them, then maybe
we have to make a change. OK, now that we have established that, let's go
from there. All I am saying to you, Madam City Attorney, and I hope Mr.
Sechen understands that this is nothing personally with him, OK? I mean, I
would do him a great injustice to attempt to stop him from advancing and
bettering his condition as a human being. He went to make more money, that is
the American way of life, but for me to have to go back and hire him because
we, in the City, did not cross -train or have people working cooperatively
together on projects, so that if he had dropped dead, we wouldn't be left
holding the bag, so I have said all I've got to say. I will leave it up to
the..... I will be guided by the dictates of the Commission.
Mayor Suarez: Do you propose in view of what has been stated by the Commis-
sion, that we in fact put a cap? Would that make sense to you to work under a
$50,000 cap, where it will be $25,000 for Beatty and Shy for the title work,
and $25,000 for Mr. Sechen's firm?
Mrs. Dougherty: Yes, sir.
Mayor Suarez: How big is that firm, nowadays, Black, or Walker? How many...
do you have 200 attorneys there? And they want a $25,000 piece of work from
the City of Miami.
Mrs. Dougherty: And the other concern of Commissioner Dawkins, which is well
founded, and that I think that we have addressed, is that Mr. Sechen's goal in
this is to insure that in every instance, we are working with an assistant in
my office and keeping them and getting them up to breast, so that we can in
the future not have to provide these services out -of -house.
Mayor Suarez: What is the Commission's pleasure on the item?
Mr. Plummer: I move item 49.
92 April 10, 1986
0
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Mayor Suarez: It has been moved with the modification suggested.
Mr. Plummer: Of course.
Mayor Suarez: $50,000 limit to be split evenly between the two firms.
Mr. Dawkins: Second.
Mr. Dawkins: Moved and seconded. Any further discussion from the Commission?
Hearing none, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-273
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO EMPLOY
TWO LAW FIRMS TO PERFORM LEGAL SERVICES RELATIVE TO
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOP-
MENT PROJECT AND THE DOWNTOWN DEVELOPMENT OF REGIONAL
IMPACT AT FEES DEEMED REASONABLE AND APPROPRIATE BY
THE CITY ATTORNEY WITH FUNDS THEREFORE NOT TO EXCEED
$25,000 FOR EACH OF SAID FIRM'S ALLOCATED FROM THE
CITY OF MIAMI'S 1976 GENERAL OBLIGATION HOUSING
BONDS, THE SECTION 108 LOAN FROM THE U.S. DEPARTMENT
HOUSING AND URBAN DEVELOPMENT, THE OPERATING BUDGET OF
THE DEPARTMENT OF DEVELOPMENT, THE COMMUNITY DEVEL-
OPMENT BLOCK GRANT FUNDS AND SPECIAL PROGRAMS AND
ACCOUNTS CONTINGENT FUND.
(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.
41. ASSESSMENT ROLL FOR CONSTRUCTION OF CENTRAL SANITARY SEWER IMPROVEMENT
SR-5481-C.
Mayor Suarez: Item 50.
Mr. Odio: Yes, sir. Mr. Cather. You are batting zero! I want him to get a
hit today.
Mayor Suarez: They are saying you are zero for four today, I think.
Mr. Plummer: Whatever it is, we ought to give it to him, I will tell you.
Mrs. Kennedy: If at first you don't succeed, try, try, again!
Mr. Cather: This is confirming an assessment roll for the. Central Sanitary
Sewer Improvement District, and the amount of the assessment is $361,000.
that we are assessing against the property owners.
Mr. Plummer: I move item 50.
Mrs. Kennedy: Second.
93 April 10, 1986
Mr. Dawkins: Coming back to what I said, have we held a hearing in this
neighborhood to see if these people are willing to be assessed this, for
this?
Mr. Cather: Well, we ordered the thing a few years ago, then we confirmed it
at a public hearing, and now this is a public hearing to confirm the assess-
ment roll.
Mr. Dawkins: And it has been advertised as such and the people in the neigh-
borhood have been notified?
Mr. Cather: Yes, sir.
Mr. Dawkins: No further questions.
Mr. Odio: With a red tag.
Mayor Suarez:
Bow much discretion do
we have at this point, actually?
Mr. Plummer:
You have a logic in denying it.
Mayor Suarez:
We could.
Mr. Cather:
I suppose you could, but
I don't know... you wouldn't get...
Mayor Suarez:
Has that ever happened?
Mr. Cather:
Not that I know of.
Mayor Suarez:
What do they bear?...
what percentage of the total cost,
Don?
Is it typical
to the usual situation,
25 percent, or something?
Mr. Cather:
The actual cost of the
improvement, for it was $709,000, and we
are assessing
$361,000 of that.
Mayor Suarez:
That is more thatt the
typical percentage I have seen.
Mr. Cather:
The actual cost per front
foot was $24.91. The assessed
cost
against the
property was $9.83 per
foot. The laterals were $4.12
each,
actual and assessed.
Mayor Suarez:
What does that make a
typical, the assessment against a
typi-
cal, let's say
a 50 by 105, or...
Mr. Cather: A typical 50 foot lot, the actual cost was $1,658, and the
assessed cost is $904. The rest of the taxpayers of the City of Miami are
paying six hundred and eighty some dollars of the cost of that, and the
property owner who gets the benefit is paying $900 out of the 1,650.
Mr. Plummer: You know. somewhere along the line, somebody needs to say on the
record, and I guess it is going to have to be me - Mr. Mayor, it is well and
good to understand that people don't want to pay any kind of an assessment and
they don't want to be taxed any further, but I think what this Commission
better remember, that we are dealing here with sanitary sewers, and this Com-
mission has gone on record for many of the years, that this City is going to
be 100 percent sewered, because the thing that you are playing with is not
only a public health menace, but you are also playing with the State coming
down and absolutely throwing a moratorium on the City of Miami, for not
providing the necessary amenities and utilities. Now, you know, nobody wants
to pay their assessment. I paid mine, and I didn't like it any better than
anybody else, but here again. I think we had better remember, that by the time
that we deny and don't put these things into play, that we are jeopardizing
the future of this community, especially with sanitary sewers.
Mr. Dawkins: Mr. Plummer, I agree with you wholeheartedly. When it comes to
sanitary sewers and storm $ewers, you got me wholeheartedly, but when we pass
a $40,000,000 bond for sanitation and storm sewers, you got me. Then this
morning we turn right around and pass a $30,000,000 bond for street improve-
ments. When it comes to raising the taxes, we have to make up our minds which
one we are going to raise taxes for. And I agree with you that the sanitation
and the sewers are better, and we can't wait, but some of these street im-
provements, in my opinion, could wait.
94 April 10, 1986
Mr. Plummer: You noticed very clearly that I did not state anything about
highway improvements. I was speaking only to the sewer system, both sanitary
and storm. Is there anyone of the public who wishes to speak on item 50? Let
the record reflect that no one came forward, and I think I have already
previously moved it.
Mayor Suarez: Let me ask you, Don, on the percentage of the assessment
Mr. Plummer: 25.
Mayor Suarez: I'm sorry, we have a motion and no second?
Mrs. Kennedy: Yes, we did have a second.
Mayor Suarez: OK, we have got a second - Commissioner Kennedy. Why this
particular percentage? It seems higher then typical. Is that because the
other ones we voted on in the past are storm sewers, as opposed to sanitary
sewers, or...?
Mr. Cather: Storm sewers we don't assess. Highway projects, the...
Mayor Suarez: They are not as high, the percentages?
Mr. Cather: We have a large project - part of them, they are paid for storm
sewers by the storm sewer bonds, the sanitary sewers run anywhere from 30 to
50 percent of the actual cost as charged. The rest of it is depending upon
how short the blocks are. We deduct the intersections from the assessment.
We do not assess the property owners for the intersections. That is what all
the taxpayers pay.
Mayor Suarez: One other question. What percentage of the City - if you can
express it in percentages. I know it was mentioned in the prior campaign, is
now sewered as far as sanitary sewers.
Mr. Cather: About 93 percent.
Mayor Suarez: 93 percent. Yeah, I've heard the figure of 90, and we are
inching up to 95 percent.
Mr. Plummer: We are damn close.
Mayor Suarez: OK, we have a motion and a second. Any further discussion from
this Commission? Hearing none, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-274
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUC-
TION OF CENTRAL SANITARY SEWER IMPROVEMENT IN CENTRAL
SANITARY SEWER IMPROVEMENT DISTRICT SR-5481-C
(CENTERLINE SEWER) AND REMOVING ALL PENDING LIENS FOR
THIS IMPROVEMENT NOT HEREBY CERTIFIED.
(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.
95 April 10, 1986
42. URGE U. S. ATTORNEY FOR SOUTHERN DISTRICT OF FLORIDA TO INVESTIGATE
FOREIGN AGENTS.
Mayor Suarez: Agenda item 65. Commissioner.
Mr. Carollo: Item 65, I am sure that all the members of the Commission have
a copy now. If I may read the resolution:
"A resolution urging the United States Attorney for the Southern Dis-
trict of Florida to investigate and prosecute, pursuant to 22, United
States Code 618, those foreign agents who are found in violation of 22,
United States Code 612(a), whereas any person who acts as an agent,
representative, employee, or servant, or any person who acts in any
other capacity, at the order, request, or under the direction, or under
the control of a foreign principal, or if a person, any of whose activi-
ties are directly or indirectly supervised, directed, controlled, fi-
nanced, subsidized, in whole or in a major part by a foreign principal,
and who directly or through any other person, engages within the United
States in political activities for or in the interest of such foreign
principal; or acts within the United States as a public relations coun-
sel, publicity agent, information service employee or political consult-
ant for or in the interests of such foreign principal; or, within the
United States, solicits, collects, disburses or dispenses contributions,
loans, money or other things of value for or in the interest of such
foreign principal, or, within the United States. represents the inter-
ests of such foreign principal before any agency or official of the
Government of the United States; and who agrees, consents, assumes or
purports to act as, or who is, or holds himself out to be, whether or not
pursuant to contractual relationship, an agent of a foreign principal
must register as an agent pursuant to the laws of the United States; and
whereas, there are one or more persons who may engage in the above activ-
ities and who travel frequently between the United States and Cuba and
who may have formed a support group for Procommunist Cuba or other for-
eign principals; and whereas, said person or persons have failed to
register or file a registration statement as required by law, and where-
as, for the protection of the law abiding citizens of Miami and the gen-
eral welfare of the City residents, it is necessary that said political
agent or agents comply with the law; NOW THEREFORE, BE IT RESOLVED BY
THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1, The United
States Attorney for the Southern District of Florida is hereby urged to
investigate and prosecute pursuant to 22 United Stares Code, 618, those
foreign agents who are found in violation of 22 United States Code
612(a)."
I make the motion for this resolution to be approved.
Mayor Suarez: So moved.
Mrs. Kennedy: Commissioner Carollo, I thought this was the Federal
government's responsibility, but if you want us to urge them to look into
this, I will second your motion.
Mayor Suarez: Moved and seconded. Madam City Attorney, are we, from your
reading of this ... I guess you must have drafted, or cooperated in the
drafting of it, are we are doing anything other than asking the Federal
government to enforce its laws?
Mrs. Dougherty: Nothing at all.
Mayor Suarez: We have a motion and a second. Do we have any further discus-
sion from this Commission on this item?
Mr. Carollo: If I could further clarify the resolution to my colleagues. In
this resolution, the only thing that we are doing, is urging the United
States government, through its representative in the United States Attorney
for this district, to make sure, and enforce the law that we just read. We
are asking for enforcement of this law, and if there are individual or indi-
viduals that are found to be in violation of this Federal law, then to prose-
96 April 10, 1986
t
i J
cute these individuals. I think that in the times that we are living today,
where you have mad men like Khadafy that are threatening, and in fact, have
committed acts of terrorism against Americans around the world, and are even
today threatening to commit even more acts of terrorism against Americans
around the world. We have to take every precaution possible for our citizens,
and particularly, in this community, to make sure that they are protected, and
if there are individuals that are foreign agents of foreign governments that
purposely want to disrupt this community, then I think we have to encourage
the government to enforce the law of the land - all the laws of the land.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: So noted for the record. Commissioner Dawkins?
Mr. Dawkins: We have the pleasure of having the Honorable Martinez from
Hialeah, and I would like to, out of courtesy, since he is here, ask him if he
would like to speak.
Mayor Suarez: Yes, is it on this item, Commissioner Martinez?
Mr. Julio Martinez: My name is Julio Martinez. I am a City Councilman, City
of Hialeah. Thank you very much, for allowing me this opportunity. I would
like just to express, as a City Councilman, as a member, and as vice -
commander of the American Legion in Hialeah, and I wholeheartedly support Mr.
Carollo's resolution here, and I would urge all of you Commissioners to
please endorse this. I think it is a needed move in this community. You
know, after we've seen what happened here a few weeks ago, I think this would
help identify those people that are trying to cause trouble in our community.
Thank you, very much.
Mr. Carollo: Thank you, Councilman Martinez.
Mayor Suarez: Thank you, Councilman, for taking the time. Commissioners, we
have a motion and a second. Any further discussion from this Commission?
Hearing none, please call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-275
A RESOLUTION URGING THE UNITED STATES ATTORNEY FOR
THE SOUTHERN DISTRICT OF FLORIDA TO INVESTIGATE AND
PROSECUTE PURSUANT TO 22 U.S.C. 618 THOSE FOREIGN
AGENTS WHO ARE FOUND IN VIOLATION OF 22 U.S.C. 612(A).
(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.
97
April 10, 1986
43. POSTPONE CONSIDERATION OF PROPOSAL FOR WATSON ISLAND PROJECT.
Mayor Suarez: Item 51, who do we hear from on this on the applicant's side?
Ms. Edith Broida: Mr. Mayor, my name is Edith Broida and I am not with the
proponents of the plan.
Mayor Suarez: Are you an objector?
Ms. Broida: I'm an objector.
Mayor Suarez: Can you wait until the presentation is made so that we can keep
both sides as clear as possible.
Ms. Broida: Just as long as you remember I'm here and you'll give me at least
five minutes. Thank you.
Mayor Suarez: Absolutely, you're quite conspicuous, you've been standing
there.
Mr. Plummer: Where is Gilchrist?
Mr. Odio: We are calling him now, sir.
Mayor Suarez: The applicant can proceed. Tell us about the plans.
Mr. Al Cardenas: thank you, Mr. Mayor and members of the Commission, I think
you may want to hear from ...
Mayor Suarez: Do you want to hear from the City first, John, as long as
you're here?
Mr. Gilchrist: Well, today, Mr. Mayor and Commissioners, I'm just going to
introduce the proposers and let them...
Mr. Plummer: No, you're going to answer some questions before the proposers.
Mr. Gilchrist: Thank you, sir.
Mayor Suarez: I think you're going to be asked some questions.
Mr. Plummer: Very definitely.
Mr. Gilchrist: Okay, I was hoping that you could see the project in its
entirety first.
Mr. Plummer: Well, Mr. Gilchrist, you know, if you're ready for questions I'm
ready to ask.
Mr. Gilchrist: I'm ready. Yes, sir.
Mr. Plummer: Okay. On the agenda item today, you show this as negotiating 68
acres.
Mr. Gilchrist: Yes, sir, the size of the island is 68 acres.
Mr. Plummer: Yes, air, but also, it is my understanding that the proponents
are only anticipating using, according to their submission, 20 acres.
Mr. Gilchrist: Yes, sir, they have submitted in the last few days a proposal
for a return to the City which is different than was in the original proposal
and in that it says that the land area they intend to use is 20 acres.
Mr. Plummer: So are we then discussing 20 acres?
Mr. Gilchrist: If you're asking my view of that,it includes more than 20
acres in their proposal.
98 April 10, 1986
0 0
Mr. Plummer: Well, but this Commission has to know what are we dealing with.
Mr. Gilchrist: We put out an R.F.P. for the entire island. We asked them to
set aside within the island 20 acres, as you might recall from the R.F.P. for
a cultural development on the island. If you remember, the Commission's
interest was to have that set aside for a potential theatre and so on. So
they have abided by that and they have set that aside and have proposed those
kind of facilities.
Mr. Plummer: Do we have any kind of map or delineation of what is the 20
acres that they intend to use?
Mr. Gilchrist: Yes, sir, they will have to present that, but they do have
that here.
Mr. Plummer: Is it in your packet that you sent us?
Mr. Cardenas: For the record, my name is Al Cardenas and I'm an attorney with
the law firm of Broad and Cassell, and we represent the applicant, Miami
Marine Exposition. Mr. Plummer, I think we have a pretty comprehensive short
presentation that will address that very issue you're referring to.
Mr. Plummer: Well, the questions are going to be answered either now or
later.
Mr. Cardenas: I think, if it makes sense to you, what we would like to do,
after John finishes making statements from the City's part is to give our
presentation which hopefully will answer some of those questions, and then
I'll stand here and answer the remainder.
Mr. Plummer: I'll hold them.
Mayor Suarez: Proceed, Mr. Cardenas.
Mr. Cardenas: Thank you. Mr. Mayor and members of the Commission, I'm
honored to be here presenting to you the applicant Miami Marine Expositions'
presentation on what is surely to be one of, if not the most important project
using public lands that the City of Miami has or will be seeing for the sake
of its residents and future generations to come. Let me, if I can, give you
an introduction and a synopsis of what it is that we're here to propose to you
today, which will be expanded by others in their presentation. We propose to
you a Phase I in our proposal which consists of the following: It consists of
an exposition center which is approximately 500,000 square feet in size. It
consists of a 300 room first class hotel, consists of an approximate 300 slip
marina, it consists of a 90,000 square foot retail center which includes two
approximately 10,000 square foot restaurants. It consists of an infrastruc—
ture including minimum of 3600 parking spaces, a boardwalk, cultural and
public amenities, landscaping, roadways, bridges. It consists of remaining
with a heliport, an actual sculpture garden, the Dade Heritage Trust Brown
House, a total renovation of it and the upgrading of facilities of the Miami
Yacht Club and the Outboard Club. In addition to that, we've proposed to you
a proposed Phase II which would add an additional 200 roans to the hotel and
an additional 700 boat slips. I think it is fair to presume that after a
master lease agreement is negotiated with the City based on our application
consistent with the requirements of the R.F.P., we can proceed thereafter to
negotiate with the City for other uses on this facility and we certainly would
intend and would do so if the City Commission so wishes. Let me, if I can,
add that outside of the proposed master lease agreement which we desire to
enter into with the City, would be the Chalk's Airline facility as well as a
heliport. We have entered into agreements with the folks from the heliport in
the last few days to make sure that we have addressed each of their needs. I
believe they'll be here to let you know just that. We have also agreed to
upgrade the facilities so the Miami Outboard Club and the Miami Yacht Club,
and I believe they're here to make that statement as well. Let me, if I can,
go over then the proposed total project cost for the project. The proposed
cost for the project that we intend to invest are $84,000,000, approximately
for Phase I, that's in constant dollars, in actual dollars you're talking
about a figure which is closer to $92,000.000. and for Phases I and II com—
bined we're talking about a total of approximately $125,000,000. To break
that down a little bit, we propose to spend in Phase I on the construction of
the mart approximately $33,000,000, the construction of the marina approxi—
mately 4.2 million dollars, on the construction of the hotel approximately
99 April 10, 1986
21.4 million dollars, on the retail space approximately 7.2 million dollars
and on the infrastructure itself, a major investment of 18.3 million dollars.
The issue of return to the City would be dealt with by Mr. Meyer later on
during the presentation. However, I want to stand here on the record and make
an absolute assurances to the members of this Commission that the minimum
absolute guarantee that this developer is going to commit itself to is at
least, at the very least, year by year, equal to Bayside's minimum absolute
guarantee commitment. That statement we're making here is a minimum base
guarantee, if you decide to send this matter over to the City Manager for
further negotiations leading up to the execution of the master lease agree-
ment, I am sure that we will discuss upgrading the return to the City. Let
me, however, reemphasize that the minimum...
Mayor Suarez: Mr. Cardenas, let me interrupt for a second. Is the term that
you envision, or are trying to negotiate, comparative in any way to that of
Bayside in term of years?
Mr. Cardenas: We have decided, so that you have a clear indication as to the
minimum floor return to the City, an absolute guarantee, which is at least
equal to the minimum absolutely guarantee that Bayside proposed. We're
willing to enter into negotiations with the City Manager relative to the
City's additional share of proceeds, whichever is higher.
Mayor Suarez: That's all return to the City, I'm wondering about the number
of years. Do you have any idea of the lease term that we're talking about
here?
Mr. Cardenas: Yes, we're talking about a 40 year lease term.
Mrs. Kennedy: Okay, now going back to the return to the City, you're talking
about upgrading the 2% of growth that you originally said?
Mr. Cardenas: I'm talking as to the rate of return to the City based on a
percentage of gross that we intend to enter into negotiations, if you permit
us to do so, with the City Manager and hopefully agree on a formula which will
be satisfactory to you. That formula will be presented to you for approval at
the time that the proposed master lease agreement goes before you. But I did
want to say that, that....
Mr. Dawkins: Al, in order to save time, will you equal the Bayside or no?
Mr. Cardenas: We will equal the minimum absolute guarantee, absolutely.
Mr. Carollo: My question is this: Is it correct or not that when Mr. Meyers
originally made contact with the City that he was offering $100,000 a year?
Mr. Cardenas: I think that is correct, I think when this proposal was put
together and forwarded to the City it was based on a nominal minimum guarantee
which is why we certainly would consider $100,000 because we were basing our
formula primarily on a return based on gross which would vastly exceed that
amount. Now, to clarify the air, and allow us to enter into the next stage of
the unified development process, we have agreed, so that you have a clear
understanding that the absolutely minimum, regardless of the formula that is
negotiated with the Manager will be equal to the absolute minimum that you
ended up working out with Bayside.
Mr. Carollo: So in other words, Mr. Cardenas, the original proposal was
$100,000, now we're having a counterproposal for $1,000,000.
Mr. Cardenas: No, I would say it would be a clarification based on the
following: I believe that the actual return to the City, frankly, will exceed
considerably the minimum absolute guarantee.
Mr. Carollo: Well, is the bottom line though a million dollars a year? Is
that what we're looking at?
Mr. Cardenas: That's pretty much the bottom line, minimum absolute guarantee.
Mr. Carollo: Well, what I can't really even begin to comprehend is how can
some 8, 9 months ago, approximately, we would have $100,000 offered to the
City and apparently after that hook didn't catch on now we have a million
dollars that is offered to the City. You know it is a huge difference in
dollars on a yearly basis.
100 April 10, 1986
i^ OV11
Mr. Cardenas: Well, I understand your concern, but the formula that we were
applying for was based on a percentage of gross which we felt was a lot
fairer, a lot clearer than the formula that were worked out on the Bayside
project. Our percentage of gross, the projections that were made exceeded the
million dollar figure returned to the City just about every year.
Mr. Carollo: That's on paper anyway, correct?
Mr. Cardenas: That's on paper, that's correct. So throughout the proceed-
ings, and I presume that's one of the reasons why we have a selection commit-
tee process, there were comments made, and I think correctly so, that they
wanted to clarify the air as to the minimum absolute guarantee. We have gone
through that evolution process that we've done in every project where the
unified development process ordinance is in effect, and we have in essence
reacted to the comments which have been made by the experts that you have
hired to give you input and what you have here before you is a collective
effort between your blue ribbon committee, your consultants and ourselves to
present to the City Manager our proposal as originally proposed and as affect-
ed by the comments that we have received throughout the process. And I
frankly think you're going to see that in just about every project that you
start with a unified development process ordinance because I think one of the
integral parts of that process is to prompt that type of interchange between
the folks involved so by the time this thing gets to you it has been digested
by others as well.
Mr. Carollo: Al, you know, I compliment you on the speech you're giving but
my bottom line is if a million dollars all of a sudden is good enough now why
wasn't it good enough eight months ago when we were offered a hundred? But
before we get any further into this, I need some clarification on something
else. If Mr. Meyers would like to come to the mike, you know, he certainly
can. I have no problems with that. I'm sure nobody else here will either.
Mayor Suarez: John, do you want to clarify the last point?
John Meyers: Thank you. Commissioner, when we originally prepared our
economic analysis that went into the lease criteria that we submitted approxi-
mately a year ago we did not have, at that point in time, the benefit of all
the additional supplemental market data that we have been able to accumulate
in the past year and we feel much stronger about our ability to generate the
types of revenue projections that we had made that were the percentage or
participation component of the lease. So, as a result of the increased
confidence that we have in that we don't have a problem in raising the minimum
guarantee to a point where it comes closer to and approaches the percentage of
gross revenue that we're projecting.
Mr. Carollo: I can understand that, John, but what I can't understand is that
for someone that is supposed to be a qualified company that is going to take
on a monstrous project such as this, that they would not have that information
up front, and it would take them all this time to finally gather that informa-
tion, that whomever would have gotten into this should have had in the begin-
ning and that in itself brings to me some very grave concerns about the
qualifications. Now let me get into the area that I don't know if Mr.
Cardenas could answer this, it might be that we might need Mr. Meyers to come
up again. And this, I think, is and should be a main concern to any member of
this Commission. Please make any corrections if what I'm going to say is
incorrect. As I understand, the Ladder Company No. 4, Ltd., which you owned
and represent, Mr. Meyers, was selected as the developer for Fire Station No.
4 in March of 1985, at that time, without a restaurant operator as part of
the team. The developers agreement with the initial restaurant operator was
executed in March of 1985, approximately and due to the operator being unable
to fulfill commitments, that agreement was cancelled in December of 1985. The
lease agreement between the developer and the City was executed in November of
85. Since that, you are still putting together construction documents. Now,
if a project such as Fire Station No. 4, it is a very very very very tiny
project in comparison to something like this is 68 acres, and has the density
of everything that we're going to place in there, if this project, we still
haven't gotten off the ground with it because apparently the perception -what
you thought was going to be was not so; how can we have enough confidence in
this company to do everything that you're saying and to give the City the
returns that it is alleged it is going to give the City? It is my understand-
ing that you quarter approximately 100 potential restaurant operators and none
101 April 10, 1986
of them wanted to touch the plan that you had, the original plan that you had
in Fire Station No. 4 for a 600 seat restaurant. So you had to rechange the
whole plan and the City is still having a piece of property that is very
valuable that others were interested in and by this time would have had in
operation, just sitting there and nothing has happened with it yet. Can you
explain this to me?
Mr. Meyers: Yes. Commissioner, the project concept for the Fire Station, we
have been able to improve upon by expanding it into what we're calling a "food
court", which we think is a significant improvement over our original concept.
We think it is going to do a lot to improve the loth Street promenade and
pedestrian mall that is being planned by the City. On top of that, we are
fulfilling the terms of our lease obligation with the City. We have approxi-
mately until, I think it is the middle of early June, to submit our construc-
tion drawings to the City, and we have until August of this year to begin
construction. So we feel very confident that we will stay on the schedule
that we negotiated and agreed to with the City for the Fire Station. We don't
have any worries about that. We also have firm letters of intent from about
75 to 802 of the space of the Fire Station under this new food court concept.
So we think you'll be very satisfied and happy with what you see at the Fire
Station.
Mr. Carollo: I'm glad you agree with me in the point that I'm trying to make,
John, and the bottom line of that point is that from what your original idea
that you presented to the City from what you felt was going to be the money
maker for you and the City your original idea of having one restaurant
operator for a 600 seat restaurant, you could not accomplish that because you
could not get a single restaurant operator that would touch that. Therefore,
what you call an improvement now in breaking it up into little restaurants, I
don't know if it could really be called an improvement; you were forced into
doing that because that was the only way that you would have a shot at making
this go and this is my concern, and this is the point that I'm trying to make,
that if we see here, and it is proven here, that here you came to a plan with
the City and that plan didn't fly at all and now you're trying to find other
ways to see how you could still make a go at it, how can we now go ahead and
give you something that is 500, a thousand times bigger than the small little
project that we gave you before?
Mr. Meyers: I understand. In the real estate business there is an adage that
the size of a project does not necessarily make it any more or less complex.
The Fire Station is a very complex project just as Watson Island is complex.
One final comment on the Fire Station, the leases that we are currently
negotiating on the food court concept are higher than those which we had
obtained under our preliminary letter of intent. As a result of that, the
return to the City is going to be improved versus what we've got today as
opposed to the original letter of intent. So I do believe that the City will
be more satisfied as a result of the changes that we've made, than what we had
originally developed. In respect to Watson Island, this Commission must and
absolutely has to feel comfortable that the development team that has been
assembled is capable of producing that project. If you're not comfortable
with that, then, of course, we have to reevaluate that, but we feel very
confident when you hear the presentation today and have an opportunity to
evaluate the people that we have brought to carry out that project, that you
will feel very confident that those capabilities are in place.
Mr. Carollo: John, this is why I'm bringing up these points, because I want
you to understand why I'm not feeling comfortable and why I am concerned, and
what I've been hearing for some time not only on fire Station No. 4 but on
Watson Island, is a lot of what if's, what if's, we're going to. But I
haven't seen facts, you know, paper, I have a saying about. You could put on
paper all the paper will hold because, you know, ink is pretty cheap. But to
follow up on what the paper says is another matter, and you could play with
numbers pretty easily to show just about anything you want to on paper, but
then the realities are something that are quite different.
Mayor Suarez: What procedurally is the amount of time that you think you will
take to make this presentation other than subject to questions that may be
asked by the Commission?
Mr. Cardenas: From now on about a half hour.
102
April 10, 1986
i
Mayor Suarez: You're going to have to figure out a way to shorten that, Mr.
Cardenas. Yes.
Mr. Odio: Can I say something? We have not heard until now their new finan-
cial proposal, and I will not be able to recommend here today at all on this
proposal unless they sit down with us and we can analyze this. I will not
recommend anything today.
Mr. Plummer: Well, that's not what you're here for, sorry.
Mr. Odio: Okay.
Mr. Plummer: Mr. Manager, you know, I'm sorry to take exception with you. If
you read the agenda, what this Commission is deciding today is whether to send
these people to you to negotiate a proposal.
Mr. Odio: Fine, Okay.
Mr. Plummer: It is not to approve it in any way. Once you have sat down with
them, gone over the proposal, then you will come back to this Commission and
make a recommendation.
Mr. Carollo: That's obvious, J. L., but I think the point the Manager was
trying to make was that today is the first day now that they all of a sudden
changed drastically, do a 180o change in their proposal, and they hadn't even
given it to the administration a week ago, two weeks ago, for them to study
before it came to us today.
Mr. Plummer: They've had a year and a half to do it.
Mr. Odio: What I'm saying, Coiamissioner, with due respect, sir, that as long
as you don't want a recommendation from us today, it is fine with me.
Mayor Suarez: Okay, so far what we've heard is that you're offering, in
effect, to pay the City a bigger guarantee that what you had before been asked
to provide. But go ahead and make your presentation, just do it a lot less
than a half an hour, Al, please, because we've got another item that needs to
be heard and a lot of other items on the agenda.
Mr. Cardenas: The economic impact to the City that we are proposing is as
follows:
Mr. Carollo: Excuse me, Mr. Cardenas, Xavier, this is not the way we could i
run business in something so important for the City of Miami. I'm willing to
take whatever time we need, and if need be call a special Commission Meeting
to hear this item appropriately. When you're dealing with tens of millions of
dollars you don't rush through things because we're in a hurry. This is as
important as anything else that has ever come before this Commission, and I
think it deserves whatever time we have to take to hear it out, and we can't
make a decision rushing through something.
Mayor Suarez: That is an interesting question because I have a problem, from
what I know of the project, Al, about the certainty of the cash investment,.
and I know that this particular resolution would give you another six months
to satisfy us on that score and I don't see why we frankly should wait another
six months to be satisfied on this, when we have been waiting around for - I
don't think it is 15 months, but it is about what, 12 months, 14 months. So
maybe if you, I don't know what kind of deadlines you're coming up against,
but if you don't have a deadline it may not be a bad idea to have a special
Commission session on this...
Mr. Cardenas: Well, you see, there were some deadlines, I think that I could
answer a number of the concerns that you have.
Mayor Suarez: At that session I want to be satisfied on the cash equity
investment and see the actual cash, not just letters or whatever.
Mr. Cardenas: Mr. Mayor, I'll handle this any way you and the Commission feel
like handling it, we're here, we've had people fly in from New York and Dean
Witter is here, the manager for Becktel came from thousands of miles away,
we've assembled the whole project team to come to Miami to give this presenta-
tion today. We have met for the last couple of days to try to make it as
concise as possible.
t'
103 April 10, 1986
Mayor Suarez: Well, just make it as concise as you can without leaving
anything out impuftant, please.
Mr. Cardenas: Thank you. The economic impact to the city in Phase I, during
the construction stage, the payroll will exceed $44,000,000, there will be
thousands of workers employed and the material purchasing alone will represent
an additional $31,000,000 to those who are involved in the building trade in
this area. During the operation of the facility of Phase I, our yearly
payroll will exceed $12,000,000 and there will be almost 900 workers employed
in the project, to deal with an area of concern to Commissioner Plummer, the
total gross area of this Watson Island is 66 acres.
Mr. Plummer: How many?
Mr. Cardenas: 86. Now, let me go over with the gross gross area. Let me go
over it with you these figures. The US AlA right-of-way takes up 11 acres,
the Japanese Gardens take up 1.2 acres, Chalks Airlines and the heliport take
up 6.5 acres. The Miami Outboard Club takes up 3 acres. The Yacht Club takes
up 4 acres. The Dade Heritage Trust takes up a quarter of an acre. The
amount that you have asked us to set aside on your R.F.P. is 20 acres and we
have in boardwalks, which are to be enjoyed by the public and an access that
is necessary about 6-acres and a perimeter drive is about 14. That is where
you come up with the 20-acre net that you're referring to. After a master
lease agreement is executed, we are comfortable that a substantial percentage
of that available space can be used into higher intensity use and I'll get•
into that later. The additional benefits to the City that we're proposing is
that in the infrastructure that we're paying for the City, things that Public
Works and others may otherwise have spent in improvements to some extent,
we're planning to spend a total of $18,000,000. This is to the benefit
substantially to the public of this community. Compare that with approximate-
ly $4,000,000 or less that had been spent on this very item for the Bayside
Project. The minority capital fund that we have intended to establish, will
provide from $3,000,000 to $7,000,000 million dollars, to minorities and
especially blacks for such things as loans, bond capacity aid and other things
of that nature, so they can be active participants during the construction and
as operators thereafter. The boating capital of the world will be located in
Miami without a doubt. The increased number of visitors and tourists will be
in the millions. The 20 acres that you have asked us to set aside for gar-
dens, walks, cultural and entertainment use for the public will be maintained
at our expense, that is in essence public service facilities open to the
public, and that will be maintained not within the City's budget, but at the
developer's expense. Now, to show you that this is not a fluke and we're
intending to progress as we need to, there are some serious monies which have
been spent and will be spent prior to even bringing the master lease agreement
to you. To date, this applicant spent over three-quarters of a million
dollars in costs relative to bringing this matter up to you. Prior to the
execution of the master lease agreement, a sum in excess of $1,400,000 will be
at risk by those folks who are here before you today just to see whether you
like the proposal or not. So obviously there are people here who have spent
and will continue to spend considerable amounts of money at risk to make sure
that they come up with a marriage that is satisfactory to the City as well as
to us. The Miami Marine Exposition application consists of John Meyers,
Bernardo Fortbreichia who I will introduce later joined by a number of minori-
ty investors, and this area will be introduced by John Hall. And let me add,
if I can, and I think it appropriate to do so, that I know that a number of
members of this Commission and all of you and especially Commissioner Dawkins,
have expressed in the past concern that minorities participate not only in
your set asides and in the operation of the process but as investors in this
project. and I know that we've caught hell from the Commissioner in previous
experiences and in other things. And let me assure you, Commissioner Dawkins
and other members of this Commission, that this will be the darn best minority
investor and minority participation program that we have yet to see in the
unified development process and I intend to introduce John Hall for that
purpose. I intend to introduce Tom Carlos, an attorney and investor in this
area, whom all of you may have heard of, to introduce to you the Watson Island
Development Corporation, our partners or co -principles in this project. He'll
disclose the principles of the entity and discuss with you other pertinent
information including financial capability and development expertise. Now, a
number of people have recommended an entity of you proceeding with your vote
today, your vote being to send this matter to the City Manager for negotia-
tions. The City Manager, prior to. the words I heard from him, had proposed
104 April 10, 1986
r r
this resolution to you and had endorsed its concept. The City Commission's
appointed blue ribbon Commission voted 12 to nothing and I believe that it's
distinguished chairman, Mr. Ralph Sanchez is here to endorse that you approve
this concept. The Greater Miami Chamber, the Greater Miami Marine Associa-
tion, the Marine Council and the City's Waterfront Board have also recommended
that you send this matter over to your City Manager for negotiations. So,
there are a number of entities which you have appointed and established, that
have already said send this thing over to the City Manager for negotiations.
The following tenants at Watson Island are here and have pledged their sup-
port: the Dade Helicopter folks, the Miami Yacht Club, the Miami Outboard
Club, there are articles and editorials which have appeared in support of this
project in local newspapers and publications. Now, let me, if I can, add very
briefly to the background of this thing so that we understand why we are today
where we are and not earlier. This City Commission approved in February of
'84, the issuance of the R.F.P. and subsequent to that extended the deadline
within which to apply the submission in conjunction with the R.F.P. On
February 28, 1985, there was a deadline and at that time Miami Marine Exposi-
tion was the only entity that submitted a proposal to the City. The City of
Miami, may I add, on March 28, 1985, adopted unanimously resolution 85-345,
appointing the members of the Review Committee and selecting the accounting
firm to evaluate their proposal. Subsequent to that, on May 8, 1985, and
these dates become important, so that you get an idea of the good faith effort
that has gone on here, the final meeting by the Miami Marine Exposition before
the Watson Island Review Committee was held. That vote, as I said earlier,
was 12 to nothing unanimously recommending this project. On July 18 of 1985,
this City Commission approved a resolution selecting the accounting firm of
Touche Ross together with Samson Kline and W.B. Kuhn and Company to analyze a
proposal submitted. On February 4, 1986, this City Commission amended its
agreement with Touche Ross dated October 2, 1985. And on January 16, 1986
Touche Ross submitted its findings to the City Manager, only three months ago.
We're here before you today on April loth, on this hearing, to determine
whether you will accept the City Manager's and the other's recommendation.
The synopsis of the proposal that we'll be presenting to you will be a state-
ment of the project's team, it's description, it's budget, the financial
capability of the applicants and minority participation program and a conclu-
sion, as I stated earlier. Dean Witter Reynolds is represented here today by
Mr. Chris Bonelli, who is a vice-president of public finance. They're here to
answer any questions which you may have relative to the financial formula and
package that we intend to have to finance this project. I know that John
Meyers is anxious to share with you their letter of April 7th regarding our
proposal. Our investment bankers for this project are solid ones, they have
an international reputation and they are here to let you know that they intend
to see that this project is financed and gets underway. Also with us today is
Mr. Tom Mueller, the manager of projects for Becktell. Becktell is a company
and staff alone employs 25,000 people throughout the United States. Its
engineers comprise about one half of its staff, they maintain permanent in 23
locations throughout the world. They would be retained as the project manag-
ers in this project, their project management would include such services as
master planning, economic evaluation, design engineering, cost estimating,
planning, scheduling and construction management. They are also here to
answer any questions which you may have relative to the seriousness of getting
this project done well and in time. The landscape marine and environmental
engineering company is represented here by Mr. George Bodner of Sasacki and
Associates. They are a nationally recognized landscaping architectural firm,
one of the most, if not the most recognized in this area and they have pre-
pared an intensive study to give you the most beautiful landscaping on a
unique concept of tropic vegetation'and water environment. Mr. John Harrison,
whom all of you have known their family for generations, has Premier Contract-
ing Company in South Florida is also here. They themselves are involved with
the project and they provided us with the budgetary cost estimates that have
been presented to you. The traffic planning services have been provided by
Mr. David Plummer and Associates. Mr. Plummer is also here to discuss a
matter with you, if you have a question on the subject, he is by far one of
the most respected traffic engineering firms in Florida. The market analysts
and feasibility consultants have also provided their services; they are
represented here, it is a Laventhol firm and they have done the job in provid-
ing a comprehensive market analysis on the project. This project employed
five firms, all of which incidentally, Mr. Mayor and members of the Commis-
sion, are well-known to the City, the firm of Sparber Shevin, the firm of
Greenberg Traurig, who have done an excellent job in the DRI process and Alan
Gold is here to answer any questions relative to that process; the law firm of
Long and Knox and former City Attorney George Knox is here with us today as
105 April 10, 1986
well as Tom Carlos of Carlos Abbott Ferro & Gonzalez who is here representing
the Watson Island Development Group. Bernardo Fortbreichia who is one of the
investors in the group and one of the thinkers who came up with concept is the
founder of Arquitectonica International. It has offices in Miami, Houston and
New York City. Their work is well known and widely published in professional
journals such as Architecture Record, Progressive Architecture, Global Archi-
tecture as well as in more familiar magazines to us laymen such as Time, New
York Times, Life, Wall Street Journal and others. He has a masters in archi-
tecture from Harvard University and is a world renowned architect. John Meyer
who heads the First Miami Development as its president, is a member of the
Beacon Council and a number of community civic and church organizations. He
graduated first in his class at Georgetown School of Foreign Service, he has
been a treasurer of Exxon Chemical Company of Brazil, Chief Financial Officer
of Stadler Corp. and is currently active heading a number of local real estate
developments. The experience of this team of top professionals I think goes
without saying. We also want you to know that there have also been additional
expressions of interest in this development in the components area of this
project, and those have been by Jim Rouse of the Enterprise Development
Company, who has expressed an interest in developing the retail center as well
as by Tramell Crow for the management of the Marine Mart and others. At this
time, I'd like to introduce to you John Meyer who wants to show you a short
film clip that gives you the idea of the design and the why for this project.
John.
Mr. John Meyer: Thank you Al. On behalf of Miami Marine Exposition and this
development team, I"m now pleased to have the opportunity to present our
concept for the Watson Island Project to you. There are three points that I'd
like to say that went into the philosophy and the concept behind our approach
to Watson Island. One was that the project should be oriented to the environ-
ment. We feel that it must be sensitive to its surroundings whether they be
residential, the islands, or commercial, the Port of Miami or the Bayside
project. Secondly, the logical commercial underpinning and support for this
project should be boating and the marine related activity. And thirdly, the
project should be accessible to the public and improve the public's access to
the waterfront of Miami. We designed a project that we feel is responsive to
Miami and to what Watson Island is all about. We have the good fortune that
the marine commercial uses are in such great demand here that the economics of
the project work very well and that the plan does not require funding from the
City or the government. We are pleased to have the opportunity to present
this project to you. We have prepared a brief six minute audiovisual that
gives you a good feel for the overall project. Could someone dim the lights,
please?
AUDIO VISUAL PRESENTATION
Mr. Cardenas: Thank you. Mr. Mayor and members...
Mr. Plummer: I've got to tell you, Al, that is one of the finest presenta-
tions I've ever seen. That was a super super presentation. Thank you, sir.
Mr. Carollo: Al, I've got a brief question.
Mr. Plummer: I don't agree with it, but it is a great presentation.
Mr. Carollo: You said that up to now it has been three-quarters of a million
dollars that has been spent?
Mr. Cardenas: That was the figure I had when I made my presentation.
Mr. Carollo: I was just wondering...
you showed the film, it went up another
said over a million. But I guess, you
a million I could certainly understand
Mr. Cardenas: I understand.
ten minutes before you said that and
quarter of a million, because the film
know, if you could go from $100,000 to
that.
Mayor Suarez: In lieu of having every single entity that you are going to
tell us, I presume, that supports this, there is no need as long as, you know,
we believe you on that, they don't each have to make a statement.
Mr. Cardenas: We understand, there are just two people I wanted you to hear
from now, and one was Tom Carlos to make a disclosure as to our venture
106 April 10, 1986
4F 9
participants -and he'll take two minutes and the other was the fellow from Dean
Witter, Mr. Bonelli who I think will make a statement that you all will want
to hear.
Mayor Suarez: Okay, we'll limit it to those two reasonably short, I know Mr.
Carlos is able to within two minutes tell us all kinds of interesting things.
Mr. Tom Carlos: Mr. Mayor and members of the Commission, my name is Tom
Carlos. I live at 39909 Leafy Way in Coconut Grove. I am a senor partner in
the law firm of Carlos Abbott, Ferro and Gonzalez. The investment group that
we represent forms the financial arm and the muscle needed in order to bring
this project to fruition. To say the least, for some of the reasons that have
been presented to you, we are impressed with the development concPpt, we're
impressed with the development team and we're impressed with 414 support that
this project has received from the various elements of the community including
the interest that this Commission has shown in that this form of 9evelopment
take place on Watson Island. But we are also as concerned as any other group
that this project represent the best public interest of the citizens of Miami
and of Dade County and without that confirmation and without your support
today in moving the project forward, of course, the investment aspect is also
in jeopardy. The investors in this group, as indicated, the Watson Island
Development Corporation, are made up of, and I'm only going to list the name,
it is in your packet, I think some of these names are familiar to you: Mr.
Jorge L. Mas Canosa, Francisco J. Hernandez, Alfredo A. Pernas, myself,
Antonio R. Zamora, Humberto Petrica, Gonzalo Zaldo, Alberto Diaz-Fraga, Prince
Alfonso, Jorge Lage, Andres Parlade, Ambassador Jean Kirkpatrick, F. P.
Headson. The group has a multi -facet and reflects somewhat the diversity of
our own community. But let me state that after very lengthy and strenuous
negotiations with the development group, we have come to the conclusion and
identified a financial equity need at this time of $4,000,000. The group that
has been formed has committed to this $4,000,000 and $2,000,000 of which are
needed which are reflected as the million four that Mr. Cardenas mentioned
which are to carry us through the lease agreement stage, but we have gone
ahead and conservatively provided for $2,000,000 in that state and in order to
assure those funds present, the local element of this investment group has
secured a letter of commitment to show its good faith to the extent of
$2,000,000 from a local bank in this community. I know that Al has given me
two minutes and I have a lot of other glowing things to say, but I think that
what you're interested in is primarily our ability (1) in terms of monies that
will be spent which will be at total risk because if the project is not
approved ultimately by the recommendations submitted to you by your City
Manager, the million four is what will have been expended and will have been
at total risk by this investment group. As we go forward, this investment
group is responsible for providing and securing what we call the more perma-
nent aspect of this financing, whether in the form of institutional financing
or additional equity financing, we have done our research in that regard both
in conjunction with the Dean Witters people but also to assure ourselves that
equity investors are available and institution investors are available, once
certain basic conditions are met. Those basic conditions, of course, are the
governmental approvals, the approvals of a lease, the approvals of the DRI and
various permits that are required. Should those approvals, and should this
Commission look favorably upon this project, the financial wherewithal is in
place and is capable of bringing what otherwise has been called a mirage to
reality, and what is otherwise a commitment to the citizens of this community
a project that will be of great interest and benefit to all. Thank you.
Mr. Carollo: Tom, I have a question for you before you go. You said that the
shareholders that you mentioned are a reflection of the community, how many of
these shareholders are black here?
Mr. Carlos: There is a minority element, an equity element that has been set
aside, in terms of which portion are minority...
Mr. Carollo: Well, you read to me, and I'm going to read to you the copy that
you sent to us. You said the individuals who have agreed to become sharehold-
ers of the corporation are the following: and these are the ones you read to
us. Are any of these individuals whose names you've read to us, are any of
them black? I don't think Jorge Mas Canosa is one, I don't think Francisco
Hernandez is one, I don't believe Alfredo Pernas is another one. You certain-
ly are not, I know Antonio Zamora is not, Humberto Peerica,...
107 April 10, 1986
Mr. Carlos: Commissioner Carollo, I acknowledge to you that that list is not
made up of persons of the black race. However, this project has sensitivity
to that minority element in this community, a minimum of 7.5% has been set
aside for black minority participation. There are commitments from black
investors and our equity participation does have that element.
Mr. Carollo: So you've got a minimum of 7.5% that has been set aside then?
Mr. Carlos: That is correct. And I understand that that is a minimum and
that that is up to 15% minority participation to be provided.
Mr. Carollo: Okay, now my next question is out of all these individuals that
you read to me that are shareholders of the corporation, what percent of the
stock, what percent of the ownership do each of these individuals have?
Mr. Carlos: The individuals at this time is based on the investment. At the
present time, the local group has provided the commitments for the $2,000,000
that we have now.
Mayor Suarez: What percentage do they get, I think is what the Commissioner
is asking, for that $2,000,000 commitment?
Mr. Carlos: The total group that is represented here represents a 37.5%
interest in the total ultimate project.
Mr. Carollo: In other words the names that you read to me here, they repre-
sent a total of 37.5=.
Mr. Carlos: Of the ultimate project as financed.
Mr. Carollo: Of the ultimate project as financed. Now, how much money has
each of these individuals put up front?
Mr. Carlos: Well, each of these individuals have committed to the $4,000,000,
$2,000,000 in the form of authorized capital of the corporation...
Mr. Carollo: Right, but what is the breakdown of the commitment, the money
they have committed up front to get stock in this venture?
Mayor Suarez: What buys you 1%, for example? Or what buys you 10%?
Mr. Carlos: Well, the proportionate amount of the $2,000,000.
Mayor Suarez: You're a good mathematician, what does it work out to be, have
you figured it out?
Mr. Carlos: No, I have not. But what we have figured out, because the
agreement was finalized as of Monday, the letter of credit was secured at that
time because of the shortness of period so that the $2,000,000 which was
necessary to place this project on line for lease agreement status was in
hand.
Mr. Carollo: But again, you're still not answering the question that I
presented to you, Tom.
Mr. Carlos: You're asking me what percentage?
Mr. Carollo: For instance, the first individual is Jorge Mas Canosa, how much
has he placed? How much have you placed up front, to get whatever percent of
the stock is going to be issued to each individual?
Mr. Carlos: Commissioner Carollo, what we have done in the short period of
time and to show the good faith, is that Mr. Mas Canosa and Mr. Hernandez, on
their own initiative, undertook a letter of credit based on their financial
responsibility of $2,000,000. It is not expected that they will bear the
burden of that $2,000,000, but that each member of this list ....
Mr. Carollo: Have taken a letter of credit of $2,000,000?
Mr. Carlos: Towards the Watson project. There wasn't enough time even to sit
around and start bringing all these people together and actually bring their
funds into a bank account, and in order for us to show our good faith, not. to
108 April 10, 19$6
J
the City Commission, but to show our good faith to the other joint venture
partners, those funds were demonstrated to be available and available for this
project.
Mr. Carollo: Right, but you know, it is a big difference between a letter of
credit for $2,000,000 and actual cash at the end. There is a major difference
in that.
Mr. Carlos: I fail to see...
Mayor Suarez: What are the terms of the letter of credit. if you can briefly
describe them, to see just how close it is to cash? Because I'm going to ask
you now about the big amount. we've so far been talking about the $4,000,000
and I understand there is another $20,000,000 in cash equity. This is not
going to be, at least for my vote, Tom, this is not going to be a Bayside
situation, where for $3,000,000 or $4,000,000 in cash equity someone gets
involved in a $120,000,000 project, financing it through the use of City
property. So, I have heard of $20,000,000 cash equity additionally coming
into being and maybe that will constitute the other 67.5% or whatever the
other percentage is, and I would like to know about that and I understand
Commissioner Carollo wants to know how the $2,000,000 letter of credit is the
equivalent of cash. We've had the problem with Tacoma in the Sports Authority
in connection with that sports arena, I have not been satisfied on their cash
investment, we've had the problem with Bayside, I have not been satisfied with
the cash equity investment. This is the first opportunity I got to vote on a
major project. I want to see the cash myself and $4,000,000 plus your start
up costs and your design and legal and so on and conceptual costs, is not
enough for a $120,000,000 project. Where is the beef? Where is the rest of
the big money? And you might want to explain also the $2,000,000 line of
credit, how that constitutes cash.
Mr. Dawkins: Before you get into that, who owns the other 62.52? You said
that the principles that you just named own 37.5%. Who owns the 62.5%?
Mr. Carlos: The Miami Marine Exposition, Inc. group will be for their work
and sweat equity that they've put in up till now plus the $752,000, to
$1,000.000 that they've put in up to now are going to be accorded 12.5% in the
ultimate.
Mr. Dawkins: Okay, 12.5% onto 37.52.
Mayor Suarez: That's basically John Meyer and Mr. Fortbreichia, right?
Mr. Carlos: That's my understanding.
Mayor Suarez: And their respective corporations.
Mr. Dawkins: That's 502, who owns the other 50%?
Mr. Carlos: The other 50% which is not committed to at the present time, is
the 50Z that has been set aside, once we reach the lease agreement stage as
the $20,000,000 to $40,000,000 investment equity portion that we will allocate
to the 502.
Mayor Suarez: Now why does that have to wait until there is a lease agreement
in place? Can't you get a standby guarantee of $20,000,000 cash equity
investment in this project?
Mr. Carollo: I'll tell you why, it is becoming clearer and clearer, because
whoever is going to get the other huge percentage are the people that are
really going to put up the money where the letter of credits would never be
initiated. And this is how the project will be built, hopefully, according to
what they're hoping for. If somebody will come up, they sell the rest of the
stock for enough money to build the project, everybody else gets basically a
free ride.
Mr. Carlos: Mr. Carollo, I beg to differ. At this time and at this stage,
the only thing that requires to be accomplished requires a financial equity of
$2,000,000 to $4,000,000. Why somebody would come in and address a financial
need by presenting himself with the greater sum of money, I don't understand
it. At this time, the commensurate action on the part of the City which will
get us to the point where we have a project which will at that point, as we
109 April 10, 1986
have indicated, we have spoken with substantial and serious investors in this
matter and we're satisfied.
Mr. Carollo: Tom, you're a very bright attorney, that's why you've done so
well in Dade County representing many people, I guess you're becoming the new
Bob Traurig of zoning in Dade County - I'm saying that as a compliment. But
you know as well as I do the interest involved here and you know as well as I
do many other people that have an interest in doing other projects are getting
involved in this one here. But let me say this to you for the record. See,
the reason that I could speak and ask the questions like I am asking is
because I have complete independence to do that. I don't depend on anyone for
anything and no matter what happens to me on this Commission seat two years
from now or four from now or six from now or whatever, thank God I have enough
independence not to worry about anything that I might say here that would
offend someone or not. I don't have to worry about who the heck I might
offend that is involved with this project or that wants to get involved with
this project because I don't depend on them for anything. They don't pay my
rent, they don't pay any kind of my fees, they don't do anything with my
company, I don't have to worry about that.
Mr. Carlos: Commissioner Carollo, your questions don't offend me, I deem them
proper. As an attorney and long before I became a zoning attorney, only as
result of a need to protect certain investments that I had, I've done about 35
syndications, the last of which was a 60 acre industrial park at Tamiami Air
Port. We structured it just the same way. The initial group got together,
made some commitments on land, etc., and we structured a deal in which the
general partners which assumed the greatest risk at first ultimately had a 50%
equity in the project and then the limited partners who put up the equity
money to carry the full project forward got the other 50%. Basically what we
have structured is a very traditional economic transaction that is well
accepted and well understood in the business community. We have not become
between ourselves to structure a pollyanna deal. We're committed, and if you
feel that you have something at risk, I think that that risk will only occur
after the lease agreement is entered into, after you've set investment equity
criteria and that you know that the equity investment is in place and that
Miami is not going to be faced with a half finished project or a pie in the
sky project. I think we're at that stage where you're asking people who
believe in this project to come forward with that necessary seed money to
carry the project through that period of time when the City will have a full
presentation before it and know what its exposure is in terms of ....
Mr. Carollo: No Tom, see, what I don't think the City of Miami can afford to
do is to play with individuals that are basically amateurs for a project of
this size. And I think that what this City should be looking for are for
individuals, for corporations that have the stay power, if they have to, to
wait ten years or more before they finally get a return in the money that they
put up front. And this is why I'm so concerned at what I'm seeing here.
Mr. Carlos: I think that our expectations were also that there would be ten
years also before we would see a return and I think that is a realistic
expectation and I think you ought to listen to the Dean Witters people in
terms of what they believe is able to be committed to this type of project.
Mr. Dawkins: Has any of these 50% been let, identified?
Mr. Carlos: No.
Mr. Dawkins: All of that is, will be at a future date, no one is identified
with this 50% that is out in the atmosphere?
Mr. Carlos: That 50% which has not been allocated to any particular individu-
al is just that, it has not been allocated. We have had conversations with
individuals who we believe that will secure that 50% but that is a matter that
will proceed after we have this commitment here and we proceed to lease
agreement.
Mayor Suarez: And you cannot make, Tom, at this point, give us a guarantee
that $20,000,000 in cash equity investment will be made available subject only
to a lease agreement being entered into by the City and that will not be in
the form of a mortgage or anything like that? Actual cold hard cash, you
cannot make that guarantee at this point?
110 April 10, 1986
0 r
Mr. Carlos: Number one, I have no commitment from any source for $20,000,000,
hard cash source, without any conditions attached to it. The conditions that
have been attached, have been the various governmental approvals, once they
are secured we have letters indicating, but I'm going to take the position
that those can't be translated or taken to the bank, and we will see, and that
is our responsibility. We will have committed $1,400,000 and if we don't
bring the financial end of the project to fruition we've just said good-bye to
$1,400,000.
Mayor Suarez: What happens if this Commission decides not to give instruc-
tions to the City Manager to enter into a lease agreement with the investors
up until the point at which another $20,000,000 is committed, over and above
the cost so far spent plus $2,000,000, a total of $4,000,000, whatever the
seed money is as you referred to it? Do you lose any opportunity in any way?
Mr. Carlos: I would have to allow Mr. Cardenas to address it. There are some
time frames that I think are sought to be met, both in terms of existing
permits and other activities. We think that, you know, people's interest and
their ability to defer on other matters that they'd like to be considered,
place them in jeopardy.
Mayor Suarez: Before you answer that other question, would you give an answer
to Commissioner Carollo's question on the letter of credit, what is it subject
to, what are the simple terms of it?
Mr. Carlos: The governmental approvals.
Mayor Suarez: The letter of credit too the $2,000,000? That includes our
governmental approval, plus...
Mr. Carlos: No, I'm sorry, I was reading - permitted equity money, the
$2,000,000 to Watson has no conditions on it, it is just that money...
Mayor Suarez: The letter of credit is a letter of credit...
Mr. Carlos: Drawn to their availability for whatever needs they deem neces-
sary to fulfill their commitments under their joint venture agreement. They
have full unrestricted ability to draw on the $2.000,000 to provide the
necessary funds.
Mr. Carollo: You're saying that you have $24,000,000 then, in hand.
Mr. Carlos: Excuse me?
Mr. Carollo: You're telling us that you have $24,000,000 in hand then.
Mr. Carlos: No, I indicated that we had....
Mr. Carollo: $2,000,000 per each of these individuals.
Mr. Carlos: No, no, no. The total capital of the corporation is $2,000,000
and the line of credit is $4,000,000, what we have available to us is what
we've identified in this interim period is the amount of money necessary to
bring to fruition the plans and the agreement with the City of Miami.
Mr. Carollo: But again, Tom, clarify for me. The letter of credit that each
individual has taken...
Mr. Carlos: No, there is only one letter of credit.
Mr. Carollo: Okay, where you have all of them as signatories to this letter
of credit.
Mr. Carlos: No, let me just go back.
Mr. Carollo: Please, I want to make sure I get it clear for the record.
Mr. Carlos: First, we identified what the needs were during the period of
time between this point and the actual construction draw financing period
would occur. We saw that as being $2,000,000, actually it was $1,430,000, we
allocated $2,000,000. In addition to that, we felt that before we actually
could pull a construction draw, we would need at least another $2,000,000 to
ill April 10, 1986
maintain the guarantees in the lease, etc. So we identified a capital equity
need to meet our requirements, before financing $4,000,000. At that point, we
then said, not to demonstrate to this Commission, but to our partners, let's
demonstrate that we have the immediate sum of $2,000,000 available to us in an
unfettered unrestricted sum of money. So the Watson Island Development
Corporation individuals, through the actions of two of its shareholders, have
secured that $2,000,000. The other shareholders are committed to subscribe to
$2,000,000 worth of capital to provide the total of $4,000,000 that will be
needed.
Mr. Carollo: Through the actions of which two of the shareholders again?
Mr. Carlos: I indicated that that was Mr. Jorge Mas Canosa and Mr. Pepe
Hernandez, who jointly applied and are committing their line of credit to
that.
Mr. Carollo: And for the record, there are no kind of grants,no kind of
federal grants or anything that you're looking for in this kind of project now
or in the future, correct?
Mr. Carlos: None that I've identified or been informed of.
Mr. Carollo: I just want to make sure.
Mr. Plummer: Mr. Cardenas, I ask you again, sir, is there a map showing where
the 20 acres are?
Mr. Cardenas: Well, the 20 acres are, I was hoping that my reading out the
net acres that went to this development and that development, that would be
partially answered. The 20 acres are spread throughout the property. I can
have the architect go over the proposed site plan with you and indicate to you
where each of the components are located, because the 20 aces, Mr.•. Plummer,
are located all over the island, not in one specific location.
Mr. Plummer: Staff tells me that the marina portion is not included in the
20, is that correct?
Mr. Cardenas: That's correct.
Mr. Plummer: It is not included.
Mr. Cardenas: That's correct.
Mr. Plummer: So, as the R.F.P. went out in two sections, this Commission
could, in fact, accept and proceed to the Manager with the landside develop-
ment and reject the marina development, is that correct?
Mr. Cardenas: I saw the R.F.P. as one component.
Mr. Plummer: No! Madam City Attorney, or Mr. Gilchrist, as I recall, the
R.F.P. went out in two components - one was the landside development and one
was the marina development.
Mrs. Dougherty: Yes, sir.
Mr. Plummer: It is my understanding under that kind of an R.F.P., this
Commission is empowered to take and accept either/or and reject one or the
other, is that correct?
Mrs. Dougherty: Mr. Commissioner, if you wanted to only send to the Manager
one portion of it, at that point, they would have an option to walk out since
they bid on both portions. But at that point...
Mr. Plummer: They bid on both.
Mrs. Dougherty: They bid on both. That is what their package was, so you
could send one portion of it, but be aware that at this time they could not
accept that proposal.
Mr. Plummer: Well, we understand, that but we can reject the other portion.
Mrs. Dougherty: Yes.
112 April 109 14$¢
{
Mr. Plummer: Okay, that's what I needed to know. We can accept the land side
and reject the marina or conversely.
Mr. Cardenas: Ours, of course, as you know, Mr. Plummer, is one integrated
proposal, we were planning on the cash flow from all, from both proposals
within which to negotiate our return to the City.
Mr. Plummer: But Al, the reason that prompted my question was that the 20
acres staff tells me that you have identified, does not encompass the marina.
Mr. Cardenas: That is correct.
Mr. Plummer: So then to me, if you're talking only about 20 acres as your
project ...
Mr. Cardenas: No, we're talking about all components, a total of 60. The
master lease agreement will include approximately 66 acres.
Mr. Plummer: Al, it is only reasonable, you are not going to pay us or
negotiate for those acres that you're not using.
Mr. Cardenas: Right.
Mr. Plummer: Okay, you're not going to pay us or negotiate for the Miami
Outboard Club. If you're not using and indicating the marina facilities
that's the reason I asked the question.
Mr. Cardenas: We intend to identify the marina facility for use, we intend
through your appraisers to evaluate what that return should be to the City and
we intend to pay a fair return to the City as to that component along with the
other components.
Mr. Plummer: Let me get clear. Is what you're asking today does not include
to send to the Manager the marina?
Mr. Cardenas: No, we're asking to send to the Manager everything including
the marina.
Mr. Plummer: Well, you haven't got it included.
Mr. Cardenas: Yes, we do. It is included.
Mr. Plummer: You're not in the 20 acres.
Mr. Cardenas: We are in the 66 acres.
Mr. Plummer: Wait a minute, excuse me. Your paper, not mine, not the
administration's, your paper which you surrendered to us, ok, speaks of 20
acres.
Mr. Cardenas: There are 20 acres which are cultural and public.
Mr. Plummer: No, your's that you are negotiating for is 20 acres. So I have
to assume that you are not...
Mr. Cardenas: We are negotiating 66 acres and it is then further broken down.
When we enter into a master lease agreement there is going to be a survey
attached to it showing 60 some acres which will be part of the master lease
agreement. Those 60 some acres will include the marina operation.
Mayor Suarez: Yes, but since that is in the water that's not included in the
total of 66 acres.
Mr. Cardenas: Well, the bay bottom is owned by the City of Miami and we would
insist on leasing both the dry area as well as the bay bottom and you would
want us to.
Mayor Suarez: But that is in addition to 66 acres, which is.the total amount
of the actual land acreage, right?
113 April 10, 1986
Mr. Cardenas: Not in our calculation. The R.F.P. included the marina in its
requirements and we felt we met the R.F.P.
Mayor Suarez: I didn't know if that acreage had been calculated as far as the
initial R.F.P. of the marina, had it?
Mr. Cardenas: Well, it certainly incorporated it by reference because every-
where they had 51 prerequisites that we had to abide by and a number of those
included the marina facilities.
Mayor Suarez: I'm just wondering if the amount of acreage had been specified
for water.
Mr. Cardenas: As a matter of fact, the development order which you have with
the State specifies the marina so ...
Mr. Plummer: That has no bearing on it, Al.
Mayor Suarez: He's just asking about the acreage.
Mr. Plummer: I'm asking in your document which you sent to us, to John
Gilchrist from Miami Marine Exposition, you speak of 20 acres. Twenty acres
you tell me does not include the marina.
Mr. Cardenas: Well, what was sent to John Gilchrist was a short executive
summary by John Meyer, not by his attorney, where he basically wanted to give
him an idea of the components. The 20 acres was to provide you with a concept
as to what we're talking about,the acreage of the components within the island
and it was an approximately figure.
Mayor Suarez: There are about 20 land acres.
Mr. Cardenas: 20 land acres.
Mr. Plummer: But that doe not include the marina for which they say they want
to negotiate.
Mr. Carollo: I agree with you, J. L.
Mr. Carlos: Commissioner Plummer, the 20 acres that is referred to in the
memorandum is the commercial footprint.
Mr. Plummer: I understand that.
Mr. Meyers: That is the amount out of the entire 66 acres that was made
available under the bid package.
Mr. Plummer: I understand that.
Mr. Meyers: Our proposed development, the commercial footprint, the actual
physical occupation of the land is approximately 20 acres. In other words, if
we look underneath the exposition center, the hotel and the retail those
commercial uses take up 20 physical acres of the island.
Mr. Plummer: No, sir, I'm sorry. From your own document, John. Okay? You
speak of the exposition center, you speak of a 300 room hotel, 90,000 square
feet of retail including two major waterfront restaurants, infrastructure,
heliport, axial sculpture garden, Dade Heritage Trust, upgrade facilities of
Miami Yacht and Miami Outboard and 300 slip marina. That is Phase I.
Mr. Meyers: Yes.
Mr. Plummer: Now, when you come down to financial return to the City, once
again quoting from your document, you state that Phase I is a commercial
development footprint, including the Brown House, is approximately 20 acres.
But up here you say Phase I includes 300 slips.
Mr. Meyers: I understand your question now. We were certainly referring to
20 acres on the island itself. If we include the 300 slip marina in the
total, if you want to talk in terms of water acreage as well, yes, it is a
much larger number. I'm sorry for the confusion on that.
114 April 10, 1906
Ll
a
Mr. Plummer: Well, I continue to ask is there a map. Okay? That is my
question.
Mr. Carollo: J. L., not only that, but on the 20 acres that you're talking
about, does that include all the space for your 3600 parking spaces?
Mr. Meyers: No, the parking is additional space outside of that commercial
foot print.
Mr. Carollo: Well, if the parking is an additional space outside of that that
has to be included also.
Mr. Meyers: Yes, it is included in the overall development.
Mr. Carollo: Well, in the overall, but not in the 20 acres.
Mr. Meyers: No, the 20 acres, that reference is simply, so that this Commis-
sion understands how much of the island is being occupied by buildings in our
plan.
Mr. Carollo: By buildings, but still the area, and I don't know how many
acres you would need there, for 3,600 parking spaces that still is going to
be land that we're not going to be able to use anymore that you will be
occupying.
Mr. Meyers: Well, Commissioner, a good portion of the parking is underneath
because of the flood criteria for Watson Island the buildings and structures
must be elevated and as a result, the 20 acres of commercial footprint that
we're referring to generally rests up on concrete platform effectively and
there is ...
Mr. Carollo: How many additional acres are you talking about for parking
beyond the 20 acres?
Mr. Meyers: I'll have to ask our architects on that, excuse me.
Mrs. Kennedy: Let me just say something. I've been here listening to all
arguments, this Commission asked Bayside to come up with a financial agreement
before we approved the project. I don't see how we can do any less for Watson
Island. Also, this Commission asked Bayside time to review their proposal
before we came up with an agreement, and again I don't see how we can do it
for you. I would suggest to give us, in fact, to defer this item for at least
one week, to give us time to study the proposal. I also want to say that I
think the developers who first showed me the project, and John,you were there,
knew how impressed I was, I really liked it, and I am delighted to see local
investors participate, but I feel very weary giving anybody a blank check on
behalf of the city of Miami.
Mr. Meyers: Commissioner, this Commission is certainly not being asked to
commit to us without further demonstration that the financing for this project
is in place. What we're asking this Commission to do is exactly the same
process by which the Bayside project came before this Commission and that was
as follows: The Bayside project, at the time that they were approved in the
unified development process, the very exact legal process that we are in,
made a commitment to the City of Miami of $3,000,000 in developers equity, to
carry out the necessary pre -development expenses that would be required to
carry that project through, until such time as permanent financing could be
put in place. The actual financing commitment of the Bayside project was not
placed until after the lease was executed. In other words, the obligations of
the parties under the Rouse project were subject, were entered into when the
lease was executed and the Rouse company had a period of time after the
execution of the lease within which to produce financing. If they did not
produce the financing within that period of time they could have removed
themselves from the project. So what we're simply saying is that at this
point in time which is project concept approval, what we're asking this
Commission to do is review the financial capacity of this group which we feel
we have adequately demonstrated and should be necessary and more than suffi-
cient to take the project on through the next stages. There is no question
that Watson Island will not be given away without a full and complete finan-
cial commitment acceptable to the City Manager. And the resolution....
'.E
�s
115 April 10, 1986 (=
Mr. Carollo: Nevertheless, what Commissioner Kennedy stated is correct. One
of the differences between Bayside and your corporation is that Bayside has a
heck - or should I say the Rouse Company - has a heck of a tremendous track
record in other parts of this country. I don't see that track record that
they have in your corporation and in your group. That is a major major
difference.
Mr. Meyers: I understand.
Mayor Suarez: John, before you answer that let me get something clear here so
we can procedurally move hopefully on this item, before every other item gets
too far delayed, and we've got people here on item 67 among others. What is
the latest delay that you could take without losing any rights you might have
to proceed? Supposing, for example, pursuant to what appears to be a motion
by Commissioner Kennedy, we were to postpone this until the 22nd of April, to
give you additional time to answer some of these question to the satisfaction
of staff and the Commission and so on?
Mr. Cardenas: Let me say this: Alan Gold is here.
Mayor Suarez: That is a Planning and Zoning agenda and we might have a little
more time.
Mr. Dawkins: Mr. Mayor, I move that this be postponed until the 22nd, and
that they come back with their financial package in order to present to us.
Mayor Suarez: I understand, we'll hear from you, we'll hear from you in a
minute. I just want to clarify, would you lose any legal rights from that,
just so I know how to vote on that motion?
Mr. Cardenas: According to Alan, not only we, the City might. I have no
problems with a decision that you make, and we're perfectly willing and able
to go back, reconsider your queries and come here better prepared.
Mr. Dawkins: Al. let me say something. The most pressing issue up here is if
you can or cannot finance your project. Now, if you can finance it you can
come back and show me on the 22nd that you can finance it. If you can't
finance it I don't care if you come back here July 22nd, you will not be able
to finance it.
Mr. Cardenas: I understand.
Mayor Suarez: There are certain objections that will have to be clarified at
some point according to both motions which are now a motion and a second.
Mr. Cardenas: Right, I just thought you might want to hear from Alan Gold who
I think would express a view of...
Mr. Dawkins: No, I want to see it in writing, Al.
Mayor Suarez: Excuse me, Commissioners. Does it answer my question, that's
the only thing we've got pending? Go ahead briefly.
Mr. Cardenas: Yes.
Mr. Alan Gold: Mr. Mayor, members of the Commission, my name is Alan Gold and
I'm an attorney with the Greenberg Traurig law firm. I had the opportunity
last year with the City of Miami, to appear before the governor and cabinet
sitting as the Adjudicatory Commission, to request an extension of the devel-
opment order which is still outstanding on Watson Island. This extension will
expire in May. We would request the City of Miami to join with us again to
ask for an additional extension of time so that, assuming this project does go
forward, we could come in and ask for an amendment of that development order,
because there are rights under that order that are very valuable to the City
and would be beneficial to the development of Watson Island.
Mayor Suarez: When does the order expire?
Mr. Gold: I believe it is very early May, John?
Mr. Gilchrist: The date was May 7th last year, so the anniversary would be...
116 April 109 1986 I+
Mayor Suarez: Well, if we don't approve the project on April 22nd that will
not be necessary. If we do approve the project on April 22nd, we could
certainly take up that question at the time can we not?
Mr. Gold: No, sir, the problem is that in order to request the extension, it
would have to be done immediately if there is still time, because there are
procedural requirements before the governor and cabinet for notice and the
like. Our suggestion is that you allow at least that letter of request to go
forward with a right to pull it before the Cabinet Meeting in May.
Mayor Suarez: I have no problem with that, but I will leave it up to the
Commission to decide. That could be part of the motion.
Mr. Dawkins: We've been getting an extension on it ever since I've been here,
so I move for the extension, I don't have nothing wrong with another exten-
sion.
Mayor Suarez: Wait, we have a motion by Commissioner Kennedy, it may never be
seconded, but we have a motion, and you're accepting an amendment on that?
Mrs. Kennedy: Yes, I do. I'm sure it is going to be seconded, I said.
Deferment until the 22nd.
Mayor Suarez: And do you accept the amendment that a letter be sent request-
ing the cabinet to postpone the development order in case that we approve the
project?
Mrs. Kennedy: I -lo.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. Carollo: Under discussion.
Mayor Suarez: Commissioner?
Mr. Carollo: I think the fact alone that they have not come here today
adequately prepared to show that they can (1) have the adequate ability to
finance and develop this project and (2) that the project is a feasible
project, they have not shown that either. One thing is to finance it. The
second thing is that the project is a feasible project. That they have not
even done this today, let alone a month ago when at least they should have,
should show us that we're starting off in a road that is going to be even
worse than some of the messes that this City and white elephants that this
City has gotten itself into in the past. These people are professionals.
They know very well what this Commission needs to make up its mind, but
nevertheless, they've come here today without the adequate information that we
would need and I think that possibly what we have to do, and I personally
would like the City Attorney to draft an ordinance to that affect, better yet,
maybe place it up t:, a Charter Amendment for the next election, is that we
have to stop giving out City leases when there is only one potential bid that
comes in. I think that we have to put up for a Charter Amendment, so that the
people of the City can get hold of their government. A question to the effect
that if we put out an R.F.P. for City land to be leased and there is only one
bid, that it should be denied unless there are at least three competitive
bids, because what is happening, and is happening now time and time again, is
exactly what you see here today. 'I don't think we should be voting upon any
kind of project based on what kind of political muscles, as was mentioned
here, the word muscles, groups can bring to impress this Commission, or any
future Commissions that sit here. I think that we should vote upon what is in
the best interest for the City of Miami today, and what would be in the best
interest for the City of Miami ten years from now, twenty years from now,
forty and fifty years from now.
Mr. Dawkins: Mr. Mayor, I agree in total with the Commissioner but I have to
disagree for one reason. I've set up here constantly and complained because
projects have come up with rent -a -black and I've said that blacks did not
share in the ownership and this is the first project that has come to me where
John Hall - hold your hand up so they can see what color you are, sir - John
Hall will have a 3.5% interest in the total project. Now, those of you who
had any elementary math can multiply 3.5% times $130,000,000 to see what that
117 April 10, 1986
black will receive in return out of the first project like this in the City of
Miami. This project also has 15 1.5% minority set aside not for rent -a -blacks
but for any black with $50,000,000 to invest where over six years his
$50,000,000 will return him a minimum, if as Joe said, they ever build it, a
minimum of $600,000. So therefore, I must beg of you, my fellow Commission-
ers, that you give this project a chance to see if they can finance it. I
don't know if they can or not but it is in the best interest of black folks,
especially in the City of hiami that for once a project has come forth and
said we are going to share the spoils with black folks. I'm for giving them a
chance. Thank you.
Mayor Suarez: We have heard from the proponents of the project and I want to
hear very briefly, if we may, from the objectors. The reason I say very
briefly is that the motion we've got pending, really would just cause all of
this to come back for reconsideration, at which time you would have plenty of
time to express yourselves if it passes, and I gather that it might pass. But
go ahead. And if it doesn't pass, you know, there won't be any... Exactly.
Ms. Edith Broida: Mr. Mayor and City Commissioners, I don't know whether I
have the time, I work for a living.
Mayor Suarez: Just state your name briefly and address, if you would.
Ms. Broida: My name is Edith Broida, and I'm a resident of Dade County and
the City of Miami Beach for many, many years. I use the Mac Arthur Causeway
to go to downtown Miami to the courthouse which I use three or four times a
week. You have said you are going to reschedule this whether you vote on it
today or not. What I have to say here is for you to consider, this is not to
the financing, it is to the technical difficulties of this project. I am a
practicing attorney, but I am also a systems engineer, a professional systems
engineer. I have talked to Mr. Meyer about this project on the telephone
about a year ago. I sat down with Arquitectonica, this is as a citizen and
this is their plan which I have had since they gave it to me. I told them my
objections and I'm surprised that the project has gotten this far for your
approval and that nobody else has recognized what I recognized immediately and
that is I don't know how you will get 3000 cars out of Watson Island or into
Watson Island through the Mac Arthur Causeway unless you are planning to
rebuild the causeway to widen it to five lanes or six lanes on either side, to
rebuild the bridge, so that it doesn't go up and down and stop the traffic.
On the east side, I sat in traffic at the Coastguard station for 20 - minutes
that is two miles away, because the bridge was up 8:00 o'clock in the morning
when everybody was commuting to downtown Miami. I am here on behalf of all of
the residents of Dade County, all of the tourists that we hope come here and
the future of this community because I think Mr. Meyer has a beautiful
project, it is just in the wrong place. It would be lovely at 117th Avenue
southwest where there is plenty of land to put it on. Now, if you'll let me,
I'd just like to show you two of my major objections. Some of the things that
he has planned I would approve of and those are restaurants. I would like to
see myself, two raw bars or several raw bars along the outside of the island
near the water. I would like to see a couple of restaurants on the south
side. I would like to see a Japanese restaurant near the Japanese Gardens. I
think the two marine clubs belong there, they should stay there. I would like
to see some small development, some small amusement for children because that
park is used by families. Now I don't know if any of you ever drive Mac
Arthur Causeway, it is one of the four major entrances from Miami Beach to
Miami Beach between Miami and Miami Beach. It is very heavily traveled,
certainly at 5 o'clock in the afternoon between 5 and 6 and between 8 and 9 in
the morning. On Sundays it is used by families for picnicking. If you drive
by there Sunday, you see them out there. Now, I want to address two of the
things that I think are an overdevelopment of that island, that are an impos-
sibility, really an impossibility that could wind up with a Pavillion Hotel as
we have had, which is a very unfortunate situation, we've already mentioned
some of the boondoggles that have happened in this City.
Mayor Suarez: Big difference in that one from some of the other ones we've
talked about, that was totally private money that went into that. It concerns
us a lot less than some of the other ones.
Ms. Broida: Right, and you're involving the City in this and that makes it
even more important. Now, the plan for a hotel on the island is an impossi-
bility. People will be stranded unless, as I say, you build a bridge. But
who is going to walk over that bridge from that hotel? Those people are going
118 April 10, 1986
to be isolated. If you have a hotel and the people have cars and you have
taxicabs and you have shuttle buses and they have to get to the airport in a
hurry they'd better not plan to get there unless they start four hours in
advance. It is impossible to have a hotel there, there is too much traffic
generated by a hotel and you cannot get in and out of that island. If you
have a light you're going to back up the traffic from Miami Beach. That
bridge is a deterrent, the bridge that opens up for boat traffic. And what is
boat traffic to us? It is very important. These gentlemen have told us about
our waterways and our waterways are important. This is one of our advantages
here in this area that we have beautiful bays and a beautiful inland waterway
and we have boats that use it and we want more. So I come to the next objec-
tion to what they are planning and you see the models, I'm sure you've seen
them before, I hope you've seen them before. You've seen the marina with the
boat docks on the south side opposite Dodge Island. Now, I drive by, I
haven't even pulled over to the island to look at this, as I drive by I can
see the impossibility of this. And as I drive by I see our beautiful steam-
ships which we want at Dodge Island and I see them maneuvering to turn around
in the wide mouth of the bay and they're taking up all of the area of the bay
to turn around and these marina docks are protruding into the area that those
boats would turn around in. We also have boat traffic under that bridge.
Those marina docks are going to interfere with that boat traffic and cause
accidents. That's one side of the island.
Mayor Suarez: But all of that is going to be considered by the permitting
agencies, don't you think, before the marinas are actually built?
Ms. Broida: I hope so. I am amazed and I am astonished that the City of
Miami Beach Commissioners have not objected to the obstruction of the use of
Mac Arthur Causeway, South Point is now being developed, I hope, and I hope it
doesn't stop, down on First Street, Biscayne Street on Miami Beach where Joe
Stone Crabs is. There is going to be more traffic as that area develops on Mac
Arthur Causeway. You have Fischer Island where I've also visited, and if he
gets his island going, you're going to have people coming off that island on
the Mac Arthur Causeway and there will be more traffic to and from that
island, they take boats to the island but they will still use the causeway.
Now you're going to have so much traffic into that Watson Island that it is
just going to be stalemated. I predict that if you go ahead with a hotel and
with the docks that project will never go forward. You mentioned here before,
they mentioned that this won't be a project that will stop, it will stop. I
can't conceive of any hotel person - except maybe Mr. Could and Mr. Priestly
who both gave up here, I'm sorry to say anything about them but I can't
conceive of a hotel person putting hotel on Watson Island. It is not an
accessible location. Nobody can walk anywhere. Mr. Mayor, I don't know
whether you would want to walk over the bridge on Mac Arthur Causeway to get
to downtown shopping to go to Omni, I certainly don't want to, I have walked
over the Miami Avenue Bridge.
Mayor Suarez: I wouldn't walk, I'd run myself. I like running a lot.
Ms. Broida: Okay, maybe you'd run, but all dressed up you're not going to
want to walk over that bridge. It is hazardous, it is not attractive, it is
not pleasant, it is not pretty and we're talking about a 600 room hotel, even
a 100 room hotel would be an overdevelopment. Now, just conceive of this.
We're talking about having restaurants there. There are at least two restau-
rants. I say that is a good idea to have restaurants, it is a nice site for a
restaurant overlooking the water, two restaurants and raw bars. That in and
of itself brings traffic, people who are going to come and leave and block the
traffic on Mac Arthur Causeway as they try to get out. A restaurant on the
other side, you said that the gentleman Mr. Meyer was talking about a 600 seat
restaurant, was that for this project, the 600 seat?
Mayor Suarez: No, totally different project on the mainland.
Ms. Broida: Well, in any case, whether it be 100 or 200 or 300 for all the
restaurants it brings automobile traffic. People are not going to walk to
those restaurants, they have to drive to them. They've got to get in and
they've got to get out.
Mayor Suarez: Okay, we'll take up additional points that you may have against
this project, you certainly made some interesting points on traffic flow and
we'll want the City to be prepared to answer that, assuming this motion passes
which is not yet clear. Any other general areas that you want to address?
119 April 10, 1986
Ms. Broida: That's it, but let me just make a little comment here on the fact
that some very important companies sometimes professionals, sometimes overlook
what they should not overlook in making their plans and that is why it is
important to have a professional traffic study of what is going to happen in
this area and we have to consider whether anybody is going to have the money
to rebuild Mac Arthur Causeway or whether you're planning to cut it off so it
doesn't go to Miami Beach anymore and then you won't have the traffic, or
whether you're going to rebuild that bridge and make it a permanent high
bridge that won't have to open, that would change something, but you'd still
have to walk over it to get anywhere. Just one point. I was involved with
the City of Miami Beach. Incidentally, I ran for Mayor of Miami Beach in
1975, so you see I have an interest in what happens.
Mayor Suarez: I believe that.
Ms. Broida: You do. I was involved with the City of Miami Beach Convention
Center Plan, and when I looked at the plan I noticed that a company who was
developing the Metrorail system for Miami Beach, had put the Metrorail Station
on the site that is occupied by Temple Emanuel which is the biggest temple in
the City of Miami Beach. They had indicated that that is where the Metrorail
Station was going.
Mayor Suarez: Somehow this is going to get around to Watson Island, right?
Ms. Broida: No.
Mayor Suarez: No, well then we don't want to hear from you on it, please.
What is the relevancy?
Ms. Broida: You have said that you're going to have professional people take
a look at this.
Mayor Suarez: We've had a lot of professional people take a look at this, but
we want to know about the traffic, yes.
Ms. Broida: You have a lot of them who have made this plan and have presented
it to you, but what I'm trying to point out is that apparently they have
overlooked...
Mayor Suarez: What?
Ms. Broida: The Mac Arthur Causeway.
Mayor Suarez: The traffic?
Ms. Broida: Yes.
Mayor Suarez: You said that. Fine, we will consider that if this matter is
ever reconsidered. Ernie.
Ms. Broida: Thank you very much.
Mayor Suarez: Thank you much for your comments.
Mr. Ernie Fannatto: Ernie Fannatto is my name, and I'm president of the
Taxpayers' League of Miami and Dade County and also the Homestead Tax Exemp—
tion League. Commissioner Carollo you brought up some points about security,
money security. You know, it is one thing in talking business and it's
another thing in being business. If you want to be business, let's put it on
the line. It is my estimation that any time in the near future inflation can
take a turn for the better or the worse.
Mayor Suarez: Ernie, are you going to say that the project is not financially
feasible, that, that is your opinion?
Mr. Fannatto: Well, I don't know, I'm not through yet.
Mayor Suarez: You're not sure what you're going to tell us?
Mr. Fannatto: Yes, I do know. Mayor, but let me finish, if you don't mind,
huh? I say this here: There is only one way you can protect the taxpayers of
120 April 10, 1986
this City, and if these people think it is such a good project, and it appears
to be, on the surface, but what people say and what they do is two different
things. I would like to see a cash bond, or the equivalent of cash put up as
security, that they will pay the yearly rent. I would like to see the same
cash bond put up as security that they complete the project in a limited
amount of time. I have seen too many of these projects go like this one right
here, the Rouse Company, and I don't like the Rouse Company's method of
financing percentage basis without any agreement, cash bond, or security, that
they give you their sum, and I say that because I think the taxpayers should
be protected, and I just would like to have one other question answered by
your City Manager. Mr. Manager, how much property is going to be left after
these people contract for what they want to give us?
Mr. Odio: John, what is the total acreage, 40 45 acre 68?
Mayor Suarez: The land acreage is 66 acres.
Mr. Odio: We have 87 total, 67 developable.
Mr. Fannatto: In other words, there is going to be how much left, you say?
Mr. Odio: 27.
Mr.. Fannatto: 27 what?
Mr. Odio: We have 87 acres. 67 are developable, that means that they are
going to develop 20, that leaves 47.
Mr. Fannatto: Well, I am just going to conclude when I...
Mayor Suarez: We will take that point up at the next hearing if this motion
passes.
Mr. Fannatto: Nothing is acceptable except a cash bond, or the equivalent
cash...
Mayor Suarez: Those are interesting points! Those are interesting points.
Mr. Fannatto: If you do that... you don't do that, you just take it in
anticipation, and you don't do business that way. Thank you.
Mayor Suarez: Thank you, Ernie.
Mr. Carollo: Ernie, thank you very much for your statements. I think you
made some good points, but you know, Ernie, I can't help but to think how
there were some that criticized former Mayor Ferre tremendously, and brought
so many charges, allegations and concerns when he was presenting certain plans
from Watson Island, and all of a sudden, when a new group comes in, those
concerns, charges, allegations - they are kind of forgotten and put to rest.
You know, it just shows the times we are living in today here.
Mayor Suarez: We have a motion and a second. Any further discussion? Yes,
sir? I'm sorry. I thought you were with the developer.
Mr. Jerome Reisman: My name is Jerome Reisman, and I am here on behalf of
Hispanic Political Action, Mr. Mayor, and Commissioners. I'd just like to
enter my appearance. I realize there is a motion pending, and if the motion
passes, I just want my appearance on the record for the future meetings. I
would point out that I believe that Commissioner Carollo's points are very
well taken with regards to the acceptance of one, response to an R.F.P., and I
think that the developers certainly should be required to come forth with a
much more defined plan with regards to public uce, which hasn't even been
touched today. They showed the blimp and its gone. They showed pictures in
the video which were very well done, of people who owned big yachts, but they
didn't show any of the real citizens of Miami.
Mayor Suarez: I think that the question on public use...(APPLAUSE)... the
applause only delays use gentlemen. You have done it three, four times -
please l You have made some important points that I hope we will be address-
ing, including by yourself, if this matter is in fact reconsidered. We have a
motion and a second, any further discussion from the Commission?
121 April 10, 1986
Mr. Plummer: I've got a discussion. Mr. Mayor, John, you were there last
time. Why does it stick in the back of my mind, Governor and the Cabinet said
"Absolutely no way, never againl."
Mr. Odio: Because they said it!
Mr. Plummer: Because they said it. Do I remember that?
Mr. Gilchrist: The Governor personally pointed his finger at me and said "You
shall not be back here unless you have a project."
Mr. Plummer: Yes, but he will still be Governor next month.
Mr. Gilchrist: "Unless you have a project!"
Mr. Antonio Arias: Mr. Mayor, I would like to say...
Mayor Suarez: Wait, we are going to let you speak.
Mr. Plummer: Mr. Gold.
Mr. Gold: Yes, sir. When we went to the governor and cabinet and cabinet
aides, and the Regional Planning Council and others, we went in to try and
work out what we saw was substantial issues affecting the validity of the
development order, we said, we are not going to argue with anybody about all
those old issues. We are here to say that if we get the award, we will come
forward to amend the existing development order to conform to this project and
do our permitting in conjunction with that, and they loved that idea, because
they thought it would solve all the issues. As a result, we were unanimously
approved with the City for this additional year, and that is the reason, you
know, we got through last time so well, and we hope we would be able to do
that again.
Mayor Suarez: Yes, there is a lot of skepticism about how easy it will be to
get through the Cabinet, assuming that this matter is approved by the Commis-
sion, assuming they give us a hearing, assuming they like the proposal.
Mr. Plummer: Mo, no, Mr. Mayor, I am sorry, it is very simple! The governor
and the cabinet said, "Miami, you have got to provide us before the May 7,
1986..." As I recall, there were six criteria, OK? And it just that simplet
I could not, with a straight face, go back up and face that cabinet, and ask
for another extension. I've got to be honest with you. My God, the last time
we went there, we went with our hat in our hands and begged and pleaded.
Mr. Gold: We were able to address that, because the last point of those
criteria was the financial feasibility, which involved State and City mon-
ies...
Mr. Plummer: That is right!
Mr. Gold:... and we said, we are not having any of that, and we intend to go
back through the process with this plan, and they liked that.
Mr. Carollo: I have one additional question that I would like to get into the
record. Mr. Cardenas, out of list of individuals that was given to us and
read here, that are shareholders of the corporation, plus some others that
have popped up all of a sudden like Mr. Hall, that is supposed to be also a
shareholder, how many of these individuals, if any, live inside the City of
Miami?
Mr. Cardenas: OK, now...
Mr. Carollo: And shareholders.
Mr. Cardenas: Right. Let we address the John Hall issue first. John was a
separate part of the presentation, and he was going to make a full disclosure
as to each of the investors we now have and the amount set aside for future
investors in the Black community, but we cut the presentation short, because
you have a pending motion...
Mr. Carollo: Well, I made it clear, Mr. Cardenas, that we should take up as
much time as we needed to discuss this, at least that is my opinion, and if
122 April 10, 19$6
�► 0
there are three votes here that wanted to overrule me on that, they could
have, but when I asked what minority participation there was, there was no
mention made of Mr. Hall until some time later. I would just like to put that
into the record, but again, my initial question - how many of these individu-
als that are shareholders live inside the City of Miami?
Mr. Cardenas: I don't know the answer to that. I will be happy to provide it
to you.
Mr. Carollo: Can we go down the list? Does Mr. Hall live inside the City of
Miami limits?
Mr. Cardenas: He works in the City of Miami.
Mr. Carollo: Well, I am not talking about working, or politicking in the City
of Miami. I am talking about living in the City of Miami.
Mr. Cardenas: No, he does not live in the City.
Mr. Carollo: Does Jorge Mas-Canosa live in the City of Miami?
Mr. Cardenas: Not to my knowledge. Neither does Jim Rouse, though, Mr.
Carollo.
Mr. Carollo: Right, but since...
Mr. Cardenas: I understand.
Mayor Suarez: As long as that question has been posed, and assuming the
motion, Commissioner, assuming the motion passes, please provide that informa-
tion to Commissioner Carollo, if we ever get into this issue again.
Mr. Carollo: I would like to get this...
Mr. Cardenas: It is a valid point. Of course! I am just embarrassed I can't
answer him.
Mr. Carollo: Well, no, but you could answer as much as you can of it, and I
would like to get this question answered before we vote on this. Francisco
Pepe Hernandez, do you live in the City, Pepe?
Mr. Cardenas: Not to my knowledge.
Mr. Plummer: He is here. He can answer for himself.
Mr. Careedas: Well, I...
Mr. Carollo: Well, apparently, he says...
Mr. Plummer: Pepe has a lot of lawyers, but to answer his address, he doesn't
need one.
Mr. Odio: I know where Pepe lives.
Mr. Carollo: Alfredo Pernas, does he live in the City of Miami?
Mr. Cardenas: No.
Mr. Carollo: OK. Tom Carlos. Tom, do you live in the City of Miami?
Mr. Carlos: Yes, I indicated I live in the City of Miami.
Mr. Carollo: OK, Tom lives in the City of Miami.
Mayor Suarez: It is in the record already.
Mr. Carollo: Antonio Zamora, does he live in the City of Miami?
Mr. Cardenas: Who?
Mr. Carollo: Antonio Zamora. Is Tony here? Tony Zamora?
123 April 101 1986
1% 4
Mr. Cardenas: No, he does not live in the City.
Mr. Carollo: He does not live in the City of Miami. Humberto Petrie&.
Mr. Cardenas: I wouldn't believe he would, no.
Mr. Carollo: OK, from reading here, he must live in Venezuela. Gonzalo
Zaldo, does he live in the City of Miami?
Mr. Cardenas: No, he does not.
Mr. Carollo: I guess he lives in Spain, according to this. Alberto Diaz—
Fraga, does he live in the City of Miami?
Mr. Cardenas: No, not to our knowledge.
Mr. Carollo: According to this here, he must live in Europe, somewhere.
Prince Alfonso Aloy, does he live in the City of Miami?
Mr. Plummer: Yes. N.W. 5th Street and 2nd Avenue. (LAUGHTER)
Mr. Carollo: Which Miami, and which country?
Mayor Suarez: We have princes that live in the City of Miami.
Mr. Plummer: Oh, sure! We have a lot of them running around down there!
Mayor Suarez: We have a lot princes in the City. We don't recognize their
titles, but...
Mr. Carollo: Or, at least some that think they are princes. Andres Parlade,
does he live in the City of Miami?
Mr. Cardenas: No, not to my knowledge.
Mr. Carollo: Supiras, he lives in Spain. The Honorable Ambassador Jean
Kirkpatrick, whom I have the deepest respect and admiration for, I don't
believe she lives in the City of Miami.
Mr. Cardenas: That's right.
Mr. Carollo: And F. P. Headson, he doesn't live in the City of Miami, I don't
believe.
Mr. ,ardenas: I don't believe so.
Mr. Carollo: OK. Thank you very much.
Mr. Plummer: Under discussion.
Mayor Suarez: Yes, Commissioner.
Mr. Plummer: Before they come back, even though I am going to have to vote
against the motion, I have got to tell you that. I am sorry that I have to. I
would hope that the motions were in two parts. I cannot vote in good faith to
go back before the cabinet. You either make it, or you don't. I can't do it,
I am sorry. If you make the motion in two parts, I will vote to continue it
to the 22nd, but if the motion is both, then I have to vote against the
motion, I am sorry. Second of all, I would like to take this...
Mr. Dawkins: We will try it both ways, but if we fail the first time, we'll
come back and pick you up.
Mr. Plummer: I don't care. You do what you want. I am making it on the
record. I am going to tell you right now what is minimum criteria, that if
you don't come back in writing at the next meeting with this minimum criteria,
you will not have this vote. Are you ready? Al, you know it, but I am putting
it on the record: Number one, you must exclude from any master plan the
heliport, the yacht clubs, and Chalk Airlines. You must, at a beginning
starting point of negotiation, surrender to this City no less than what
Bayside is presently paying. You will have double the acres of what Bayside
has. I am not saying in any way that I will accept this same amount as what
124 April 10, 1986
Bayside is paying, but you cannot pay this City a dime less. That is during
the period of construction, $365,000 a year, during that period of construc-
tion, and once you commence operation, no less than $1,000,000 a year, plus
you have a $1,000,000 for park improvements, the same as Bayside. These
other conditions I will be attaching to, and demanding on any lease: Number
one, there will be no transfer rights without Commission approval. Number
two, no one, or any of the investors can transfer, sell, barter, or whatever,
for five years. Number three, that no part of this project can be used for
collateral for any other loan, any other project - this project must stand on
its own. Number four, if casinos are approved, that you would have to come
back at such time if you wish to put them on that island, and renegotiate up
on the percentage to the City. The other item is not going to be required of
me at this particular time until you delineate, even though it is on my slip -
I must know in clear cut language, are we talking about the marinas, the land
side, and the amount of acreage involved? I am not saying that I will vote
with you, but I am saying, without those criteria surrendered to me in writ-
ing, there is no way that I will even consider voting for you.
Mayor Suarez: Mr. Arias, do you want to make a brief statement, sir?
Mr. Arias: Yes, Mr. Mayor.
Mayor Suarez: Do understand that the pending motion is to defer this item and
reconsider it on the 22nd of April and get a lot of these questions answered,
hopefully?
Mr. Arias: Mr. Mayor and members of the City Commission, I am going to be
very brief. In the first place, I have to say who I am, because the people
here don't know me. I was president of the Hotel Inglaterre in Havana for
years. I know the hotel business. I was president of the National Casino in
Havana two years. I know the casino business. I was an airline pilot eleven
years with Pan American in Cuba. When I resigned, they gave me a diploma and
a gold metal for ten years, 10,000 hours without a single accident, and we
used to fly tri-motors, the Electra, the DC-3 not, the new modern planes they
have now with jet motors which are excellent. I am surprised at this meeting
because I see a very beautiful presentation made by Mr. Cardenas and the group
to a project that doesn't make sense. This project is going to be a complete
failure, and I want you all to be very careful with what you do. When they
talk about building a hotel in Watson Island, it doesn't make sense, when the
hotels in the Beach are failing and in trouble. They are selling condominiums
because they are losing money, and they are on the Beach, on the waterfront,
on the sandI How are they going to build a hotel on Watson Island? None of
them knows anything about hotels. I operated hotel four years. I used to
come to Miami to promote the hotel. The Pavillion Hotel failed and is in the
heart of the City right on Biscayne. This hotel is not going to be on the
commercial or financial area, it is going to be on the Beach. Who is going to
be in that hotel? It doesn't make sense. I called this morning at 8:00 A.M.
It was 5:00 A.M. in the morning in San Diego. Tom Gibson which is a gentlemen
who has a marina in San Diego, knows this business. I talked to him again.
He told me that project is crazy, absolutely crazy. He said the result of the
imagination of Mr. Fortbreichia who is very good architect, to build an
apartment building, an office building, but he doesn't know about business. I
visited him by suggestion of Mr. Suarez, the brother-in-law of the Mayor. I
said, I'd like to put a tower similar to the Eiffel Tower on Watson Island,
going to be a big tourist attraction, it is going to bring a $150,000,000 a
year to the city of Miami.
Mayor Suarez: I can tell you, you convinced my brother-in-law. He is not
going to invest anything at all in this project.
Mr. Arias: I know, he told me, Mr. Fortbreichia told me oh, that's a very
good idea, Mr. Arias, I give you the land to put the tower. "I'm going to
draw a tower very beautiful, paint a beautiful tower. I said Mr.
Fortbreichia, have you ever built a tower in your life? He said no. Oh, my
goodness. I'm going to bring the tower, the best engineer in the world
The best, #1. How in the world fortbreichia going to say he's going
to paint the tower? He is a very good architect to build an apartment build-
ing, a shopping center or something like that, but not for this.
Mayor Suarez: It may well be, if this whole project is never approved by the
City, that you will get an opportunity to propose your tower idea. I can't
tell you that.
125 April 10, 1986
0 e
Mr. Arias: I have been working on this for years and have spent $400,O0O of my
own funds, trying to put the tower together. I have a bank who is willing to
put the money. I even am willing to propose to the City, to you and the
Commission...
Mayor Suarez: Sir, the financial feasibility of this particular project is
certainly something that this entire Commission has been addressing and will
continue to address, assuming that the motion passes.
Mr. Arias: Well, here is the point, Mr. Mayor...
Mayor Suarez: And if it fails, or if the Cabinet doesn't approve it, or
whatever, I am sure that at some point, some other project may...
Mr. Arias: There is a bank who is willing to finance the tower and a marina
on the Watson Island in my project. They want me to have a strong partner
because they say, if a crazy comes or any political problem, in the Mediterra-
nean, Nicaragua, we need somebody who can put a million dollars, two million
dollars for 6, 8, 10 months - you don't have that kind of money. No, I don't
have it. That's why I want you to team up with a big company. But the city
could be my partner and make $5.000,000 a year, $3,O00,OOO rent and two or
three ...
Mayor Suarez: That is going to be very tough for the City to be your partner.
We have a difficult enough time just giving our lands to be used by a private
developer without us having to risk our own liquidity in any way.
Mr. Arias: Mr. Mayor, the bank will put the money.
Mayor Suarez: It is bad enough, risking our land.
Mr. Arias: The banks put up the money. The City doesn't have to put up any
money.
Mayor Suarez: But it will be our credit. All right, sir, thank you for your
presentation. We will address all of that, assuming that we get to that
point, if the motion to reconsider is passed, is passed to defer that. Yes,
sir?
Mr. Ted Edsel: Mr. Mayor and Commissioners, my name is Ted Edsel. I am here
representing the Greater Miami Chamber of Commerce. The Chamber passed a
resolution in support of this proposal, copies were sent to you. My only
purpose here today, is to publicly reaffirm that support. Thank you very
much.
Mayor Suarez: Thank you, Mr. Edsel.
Mr. Carollo: Sir, can I ask you a brief question? Did the Chamber convince
itself of the adequate financing for this project, and the feasibility of this
project making it?
Mr. Edsel: No, the Chamber reaches...
Mr. Carollo: In other words...
Mr. Edsel: ... I will reach you the resolution, sir. It says:
"The Chamber recommends the City of Miami Commission to approve in prin-
ciple and concept, the marine exhibition development."
The Chamber recognizes that if this is approved in principle and concept, then
the financial feasibility would be negotiated with the City Manager, and at
that point, the feasibility would be proved, or unproved, so the Chamber is
making its recommendation based only on the idea of its principle and concept,
and that the financial feasibility would be addressed by the usual procedures
provided for.
Mr. Carollo: OK, so you have answered my question that you are not endorsing
the financing, the presentation that has been given to us, nor are you giving
your blessing to the visibility that this is a project that is going to fly as
presented.
126 April 10, 1986
Mr. Edsel: I beg your pardon? I'm sorry.
Mr. Carollo: Well, you have answered my question, sir. Thank you.
Mayor Suarez: The Chamber is not guaranteeing the project, that is for sure.
Thank you, air. OK, once again, we have a motion and a second to reconsider
the item on the April 22nd agenda, at which time we will hear, I am sure, more
clarifications on a lot of these issues. Any further discussion from the
Commission? Please call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 86-276
A MOTION TO POSTPONE CONSIDERATION AND PROPOSED
SELECTION OF THE MIAMI MARINE EXPOSITION INC. PROPOSAL
FOR A UNIFIED DEVELOPMENT PROJECT ON WATSON ISLAND TO
THE MEETING OF APRIL 22ND, AT WHICH TIME THE DEVELOPER
SHALL PRESENT TO THE CITY COMMISSION A FINANCIAL
PACKAGE FOR ITS CONSIDERATION; FURTHER AUTHORIZING AND
DIRECTING THE ADMINISTRATION TO IMMEDIATELY FORWARD A
LETTER TO THE STATE CABINET REQUESTING AN ADDITIONAL
EXTENSION OF THE DEVELOPMENT ORDER WHICH IS STILL
OUTSTANDING ON WATSON ISLAND AND WHICH IS DUE TO
EXPIRE IN MAY, WITH THE RIGHT TO WITHDRAW IT BEFORE
TFV CABINET MEETING IN MAY.
Upon being secoftded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: For the reasons so stated, I vote no.
Mr. Carollo: Before I vote, I think that before this is all over, there is
going to be a lot of people that are going to have to take a lot of things
back that they said about Mr. Ferre and Watson Island. I vote no.
Mr. Cardenas: Mr. Mayor, just one house cleaning issue. I recalled that
Commissioner... is that motion as amended, to request to be placed on the
agenda by the State Cabinet?
Mr. Plummer: Yes.
Mayor Suarez: It includes that.
Mr. Cardenas: OK, thank you.
------------------------------------------------------------------------------
0M FOR THE RZOORD: AGENDA ITEM 52 WAS WITHDRAWN BY THE ADMINISTRATION.
WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT
5:16 P.M. RECONVENING AT 5:48 P.M. WITH ALL MEMBERS
OF THE COMMISSION FOUND TO BE PRESENT.
NOTE FOR THE RECORD; AGENDA ITEM 68 WAS WITHDRAWN.
3
c
127 April 10, 1986
44. BELAFONTE TACOLCY CENTER TO PROVIDE OPERATION OF JTPA TITLE II-B SUMMER
YOUTH EMPLOYMENT AND TRAINING PROGRAM.
Mr. Dawkins: Mr. Mayor, I move 16.
Mayor Suarez: Are you satisfied with the amount of expense?
Mr. Plummer: No, I'm not. I'm not satisfied with that, I'm sorry. I cannot,
I'm sorry.
Mr. Odio: Commissioner Plummer, we are mandated.
Mr. Plummer: Whatever you're mandated, you've got to prove to me that 30% for
administrative expenses is justified.
Mr. Odio: We are told by the grantee that we must do it that way.
Mr. Plummer: Who is the grantee?
Mr. Odio: Who is it?
Mr. Jack Eads: It is the Department of Labor.
Mayor Suarez: Grantor then.
Mr. Eads: Yes.
Mr. Plummer: I want to leave it deferred, and you come and explain it to me.
Mr. Odio: We can't.
Mr. Plummer: I want to tell you we've accepted the money.
Mr. Dawkins: I withdraw my motion, no problem.
Mayor Suarez: Do we lose any rights, is that what you're trying to tell us?
Mr. Odio: Yes, sir, we would.
Mr. Eads: It's not all administrative expenses, Commissioner, that is some-
what misleading the way it is presented.
Mayor Suarez: I know a lot of it is for counseling, not just administering.
Mr. Eads: We are mandated to have so many counselors for each participant in
the program. They tell us to do that, that is in that administrative cost.
There is about a 15% administrative cost actually in this item.
Mayor Suarez: Have they offered to reduce it at least from this morning to
now, the administrative costs?
Mr. Eads: The total administrative cost, in this almost million dollars, is
$54,000.
Mr. Plummer: Is how much?
Mr. Eads: $54,000. The $279,000 that you're looking at includes the counse-
lors and so forth that are necessary to actually operate...
Mr. Plummer: We're talking about, how many kids are involved?
Mr. Eads: 850.
Mr. Plummer: 850, I don't have a calculator with me, but you're talking about
for a two month program, subtract $54,000 from $279,000, I want to tell you
that is one hell of a price to pay for counselors.
128 April 10, 1986
0
Mayor Suarez: Are the counselors themselves recipients by any chance?
Mr. Plummer: Obviously, they are the biggest recipients.
Mr. Odio: But they give us the grant under those conditions, we cannot change
it.
Mayor Suarez: Let me just clarify that. Are they people that are already in
the program, or are they people that would be hired to be counselors for the
summer?
Mr. Eads: They are people that are hired to be counselors for the program,
the specific period of the program.
Mr. Plummer: Hey, I still would like to see a breakdown on it. Okay?
Mr. Eads: Yes.
Mr. Al Howard: The consortium has specific guidelines and that is for every
twenty youth that we hire we must have one counselor. Otherwise we won't get
any grant.
Mr. Plummer: Okay, fine, how much do you pay a counselor a month?
Mr. Howard: The counselor gets in the neighborhood of about $6.00 to $7.00 an
hour.
Mr. Plummer: So that is $240, so you're talking about 800 kids, five times 8,
you're talking about 40 counselors.
Mr. Howard: Approximately 40 counselors, right. They have the counselors,
they have all the implementation that they must do to start this program up.
Mayor Suarez: The numbers just don't add up.
Mr. Plummer: They numbers are not there, Al.
Mr. Howard: These numbers from the consortium are actually given to us to
implement this program.
Mr. Plummer: All right, Mr. Mayor, may I do this with the permission of the
Commission, I'm still concerned. Can we approve this, that I have 48 hours to
look at the numbers, if I don't object after the 48 hours it is approved, is
that agreeable? We've done it in the past.
Mr. Odio: Please, sir, thank you very much. I will take it.
Mayor Suarez: With the understanding that the guideline is that we don't have
any administrative cost that isn't absolutely necessary now, and those numbers
so far don't satisfy me, I hope you can satisfy Commissioner Plummer. He is
tough to satisfy. Commissioner Dawkins, do you have any problem with that?
Mr. Dawkins: No.
Mayor Suarez: Does somebody want to make it into the form of a motion?
Mrs.. Kennedy: I so move.
Mayor Suarez: So moved. Seconded. Any further discussion — Yes, with the
proviso. Any further discussion? Please call the roll, item 16.
129
April l0, 196
0 0
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-277
A RESOLUTION AUTHORIZING THE ACQUISITION OF PROFES-
SIONAL SERVICES FROM THE BELAFONTE TACOLCY CENTER
(BTC) TO PROVIDE FOR THE IMPLEMENTATION AND OPERATION
OF THE JTPA TITLE II-B SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM (SYETP) IN AN AMOUNT NOT TO EXCEED
$279,250; ALLOCATING FUNDS THEREFOR FROM THE SPECIAL
REVENUE FUND; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH BTC IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
ON ROLL CALL:
Mr. Plummer: With the provision, yes.
Mr. Carollo: With the provision, yes.
NOTE FOR THE RECORD: AGENDA ITEM 30 WAS DEFERRED TO HOLD A PUBLIC HEARING.
45. DISCUSSION OF SIBI CULTURAL CENTER.
Mayor Suarez: Item 52.1, let's go through these as quickly as we possibly
can. There are a lot of people waiting,, I know Mrs. Virrick is out there.
Mr. Odio: 52.1, they have a request for $40,000 as a low interest loan to
cover an operating deficit of its cultural project. We are recommending
denial based on the fact that the City has no funds for social service agen-
cies, even of a cultural nature. If funds can be identified for the requested
loan it is recommended that they demonstrate their ability to repay the loan
by providing a specific plan for repayment of the funds. They do not qualify
for a Miami Capital Development Loan either or other similar programs.
Mayor Suarez: Do they have a shot at being in our next year's Community
Development Block Grant application?
Mr. Odio: No, sir, they do not. I already looked at the recommendations and
they don't fit.
Mayor Suarez: They don't fit into that category, is that what you're saying?
Mr. Odio: No, sir, they don't.
130 April 10, 1966
Mayor Suarez: Why, because it is a cultural activity?
Mr. Odio: Because the only monies we have is going to feed the elderly and
the poor.
Mayor Suarez: Well, but those are your own criteria which happen ... j
Mr. Odio: No, it is the criteria set by the Commission.
Mr. Plummer: That's policy.
Mayor Suarez: Yes, which happen to be shared by us, but that doesn't prevent
them from applying, I mean we have an advisory board to advise us now.
Mr. Odio: Yes, but it is too late this year already. You are going to take
it up on the 22nd.
Mayor Suarez: Oh, we're that advanced on it?
Mr. Odio: Yes, sir.
Mayor Suarez: We don't have money for this project, that's what you're
hearing. You can take it to a vote if you like, but you're hearing the
administration recommend...
Mr. Odio: And if we do it for them, we have to do it for others that we have
turned down in the past.
46.. DISCUSSION OF PARKING METERS BY ERNY FANNATTO.
Mayor Suarez: Item 53, parking meters. What more do we need to hear about
parking meters that hasn't already been said?
Mr. Fannatto: Well, that is Little Havana you're talking about. Ernie
Fannatto, president of the Taxpayer's League, Miami and Dade County. The
parking meters downtown are very essential. It is a little different in
Little Havana because there are so many businesses downtown you've got to have
a turn over, and when you have parking meters at $1.00 an hour, people stay
for a couple hours and you'll get 5 or 6 a day. But if they go in these
parking lots they get hooked for $5.00 or $10.00, and let me tell you, when
they're going to keep getting hooked that way downtown, the businesses are
going to suffer. The businessmen are going to lose eventually, they're not
doing too good now. But without meters and parking they're not going to have
customers. Whether it is the small businesses on Flagler Street, the hotels,
the office buildings, they've got to have people who come in and out of
downtown and get a big turn over, and if you don't have that and the business-
es go broke, whether they're offices like I say or large hotels, that is a
yardstick that adds for reduction in taxes and you know who is going to make
it up? The homeowners. And who is going to suffer the most? The homeowners
in Dade County. We cannot afford higher taxes, let's cater to our business
people downtown, keep the meters and try to encourage better businesses so as
to create better jobs.
Mayor Suarez: Thane: you, Ernie.
131 April 10, 1906
47. ISSUE PERMIT FOR USE OF FLAGAMI PARK BY SOUTHWEST SOCIAL SERVICES PRO-
GRAM.
Mayor Suarez: Let's take up item 67, they've been waiting for half the day,
we've got a lot of people. Mr. City Manager?
Mr. Odio: Yes. Let me just say that we were instructed by the City Commis-
sion to develop an R.F.P. for the park property that we are, they are propos-
ing, this building. We are in the process of the development of that R.F.P,
we have identified the portion of land that will be earmarked for this
project. It is a worthwhile project to look at and we have to go through the
whole process, we are not quite finished with it and I would suggest that we
wait to discuss it at the public hearing, because we cannot say that you can
give them this land now until they reply to the request for proposals.
Mr. Plummer: Well, let me ask this question. Is it proper that we even
consider giving away this land? I don't think it is proper.
Mr. Odio: No, sir.
Mr. Plummer: I think it is proper that we make this land available. I think
it is proper that this City makes $150,000 available, but in no way shape or
form could I vote to absolutely as a gift give away the property.
Mayor Suarez: That's a lease that we're talking about, I presume.
Mayor Suarez: That's exactly what I'm speaking to rather than a gift, an
outright gift that it be a lease for a given period of time but the land and
the building is still owned by the City.
Mr. Odio: But even if you made the land available, Commissioner, as I under-
stood it the last time, you would still have to let other people bid on that
piece of property.
Mr. Plummer: Well, if that is the law then what else can we do?
Mr. Odio: That's what Madam Attorney here tells me.
Mr. Plummer: Well, nobody sitting here is going to break the law.
Mr. Carollo: I hope not.
Mayor Suarez: Not me. Not I.
Mr. Humberto Amaro: Mr. Mayor, members of the Commission, my name is Humberto
Amaro and I live at 5859 S.W. 24 Street. I as elected chairman of the Ad Hoc
Committee for the construction of Flagami Senior Center, and I want to intro-
duce you Mrs. Anna Miller and Mr. Eugenio Sanchez, who will speak to you on
behalf of social service programs. Also, I would like to introduce you a few
of all elderly people who take care of this program.
Mayor Suarez: Puede sentarse, tenemos mucho gusto de tenerlos aqui.
Mr. Plummer: Mr. Mayor, can we get off the horns of dilemma here?
Mayor Suarez: Yes, I love anything that will get us off the horns of a
dilemma.
Mr. Plummer: All right. The City Attorney advises that you can bypass
legally the R.F.P. procedure by issuing a use permit. Now, the problem that I
see with these people, and I understand from the State Representative when she
called me, is that the money is available through this session and if you
don't do something in this session the money is not going to be available.
Now, I think that what we can do is develop a use permit for these people,
making the land available, making the dollars available with the matching
dollars and they can immediately go into the situation. And other than
that...
132 April 10, 1986
i.7
Mayor Suarez: How long would the use permit be for, Madam City Attorney?
Mr. Plummer: As long as we want/ it.
Mrs. Dougherty: Let me just explain what it is. It is a revocable permit
which means that you can make it for as long as you want but at any time that
the City wants to take it over they have no rights, they have to leave, the
forfeit everything.
Mr. Plummer: That's right.
Mr. Carollo: I'll make a motion to that effect, the City Attorney has ex-
plained, to be reviewed by the City Commission every two years.
Mr. Plummer: That's fine, I'll second the motion.
Mr. Carollo: Can we do it that way?
Mayor Suarez: A motion has been made and seconded, is there some implication
of some funding here that we haven't heard about yet from the City?
Mr. Plummer: Yes, $150.000 from Community Development.
Mayor Suarez: Okay, from C.D.?
Mr. Plummer: That was proposed in the original.
Mayor Suarez: Has that gone through our advisory board process, Frank, or can
we bypass it? Are we in effect bypassing it? I hate to create a board and
then ignore it.
Mr. Castaneda: This item has been discussed. The advisory board basically,
what the Chairperson, Maria Elena ToraAo said on this issue was that since
they were aware that this item was coming to the City Commission on April loth
they would not due an allocation for this project because there were enough
money left over in contingencies to fund this project if that was the policy
of the City Commission.
Mr. Plummer: With the clear, and let's put this on the record again, with the
clear indication that there were not monies available for food programs. This
City doesn't have it, so don't put us in a bind and say in another 60 days or
90 days, you built us a beautiful building but there is nothing to eat. We
want that understood.
Mr. Castaneda: I think that the agency would have to demonstrate that they
will be able to operate a program in that building.
Mr. Plummer: No question.
Mr. Carollo: Let me explain to them in Spanish what we did.
Mayor Suarez: So moved and seconded, any further discussion from the Commis-
sion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-278
A MOTION ACCEPTING THE CITY ATTORNEY'S RECOMMENDATION
TO ISSUE A REVOCABLE USE PERMIT FOR USE OF FLAGAMI
PARK BY THE SOUTHWEST SOCIAL SERVICES PROGRAM; FURTHER
CLARIFYING THAT IF THE PROJECTED BUILDING FOR A SENIOR
CENTER IS BUILT ON THE PREMISES AND IF AT ANY TIME THE
CITY WERE TO ASK THEM TO VACATE, SAID GROUP WOULD
FORFEIT ANY STRUCTURES AND/OR IMPROVEMENTS BUILT
THEREON; AND FURTHER STATING SAID REVOCABLE PERMIT
SHALL COME BEFORE THE CITY COMMISSION FOR REVISION AND
RECONSIDERATION EVERY TWO YEARS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote-
133 April 1(), 1986
a 10
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. Amaro: Mr. Mayor and members of the Commission, on my name and the name
of all these elderly people I want to thank all of you, God bless you.
Ms. Mercy Rodriguez: My name is Mercy Rodriguez, I live at 1510 N.W. 19
Avenue. Mr. Mayor, I'm ...
Mayor Suarez: Could we just have a little quiet to hear Mercy, please? Por
favor, un poquito silencio. Okay, go ahead, Mercy.
Ms. Mercy Rodriguez: My name is Mercy Rodriguez. I live at 1510 N.W. 19
Avenue. I'm here representing ^rnhilda Gonzalez-Quevedo, the State Represen-
tative apparently she couldn't come because of a delay on her plane. I want
to put on the.record, which it wasn't said here, that the property of the park
is going to be used to build a Senior Center, which is going to be bigger
because the one presently right now is too small in which they provide 80
meals for lunch with funding given by the City, besides that they provide 156
in total food because of private donations and state funding. In addition to
that, they give 400 meals to families in emergency cases. Then, I would also
like to stress that in the area of the City of Miami there are 37 centers in
which they provide 1,498 people and which in the area of Flagami there is only
two centers and they provide each 7,970 and I would like to put this in the
record because it wasn't said.
Mayor Suarez: Thank you, Mercy.
48. DESIGNATE "MIAMI MAGIC" AS A CITY -SPONSORED EVENT.
Mayor Suarez: We can take item 54, Miami Magic. Go ahead, state your name
and address for the record, and tell us about the item.
Ms. Becky Roper Matkov: I am Becky Roper Matkov, President of the Junior
League of Miami, which is headquartered at 2325 Salzedo, Coral Gables.
Mr. Plummer: What item is this?
Mayor Suarez: Item 54. Miami Magic function coming up.
Ms. Matkov: Mayor Suarez, Commissioner Carollo, Vice -Mayor Dawkins, Commis-
sioner Kennedy, and Commissioner Plummer, the Junior League of Miami is a
nonprofit organization of volunteers who donate our time and efforts for free
to improve our community. Since our founding in 1926, the Junior League of
Miami has been responsible for a multitude of projects, to which we give
volunteer manpower and financial support, which has ranged from starting the
Museum of Science and the Parent Resource Center, to restoring the Gate Lodge
at Vizcaya and producing the award winning movie, "Miami, The Magic City"..
Our current projects include Inside Track, providing career training and
securing business internships for talented minority youths, an Art Path,
providing quality museum experience for thousands of school children, and
working for abused and neglected children.
Mr. Plummer: Can I stop all of your commercials?
Ms. Matkov:
doing.
Mr. Plummer;
answer,
Yes. I am getting... I just wanted to establish what we are
Well, you keep talking and then I won't get to give you an
■
134 April 10, 1"6
Mayor Suarez: We have a saying here that if things look good, don't continue
making your presentation, because they could all of a sudden look bad, and
typically, Commissioner Plummer says it, so maybe you ought to hear from him.
Mr. Odio: Could I save some time, sir, Commissioner, Mayor?
Mr. Plummer: No, I am going to save you all some time, I think.
Mr. Odio: I found some money somewhere else.
Mr. Plummer: Don't... let me tell you what I am saying, and I said to these
ladies. I think it is...
Mr. Dawkins: How the hell can you find money for this project somewhere else,
and you can't find it for others?
Mr. Odio: Mr. Sheppard has donated $10,000 from the Host Committee.
Mr. Dawkins: You didn't find it. Mr. Sheppard found itl
Mayor Suarez: He found it in Mr. Sheppard's pocket, how is that?
Mr. Dawkins: OK, all right, no problem.
Mr. Plummer: Well, Mr. Mayor, I will tell you what my problem is with this
particular... I can't imagine why somebody else is putting on a birthday
party for me - the City of Miami. Now, I think it is commendable they are
doing such. I think it should be a City - sponsored event, and I think what we ought to do, the City ought to pay its tab the way we are obligated to do,
put on the event, and ask these fine ladies to coordinate it all for us, and
that way, we...
Ms. Matkov: That sounds wonderful!
Mr. Carollo: I will second that. Skippy, put your money away.
Mr. Plummer: Yes, I...
Mrs. Kennedy: What did he say?
Mr. Plummer: I am just saying I can't imagine why somebody else should be
doing our work for us. Mr. Mayor, I would move at this time that the City of
Miami instigate its 90th birthday, and that we ask the Junior Womens'
League...
Ms. Matkov: Junior League of Miami.
Mr. Plummer:.... Junior League of Miami to come in and do all the coordinating
for us.
Mr. Dawkins: She said Miami.
Mr. Plummer: Well, she is a tourist! I so move.
Mr. Carollo: Second.
Mayor Suarez: Moved and seconded. Any further discussion from the Commis-
sion?
Mr. Plummer: Happy Birthday!
Mayor Suarez: Hearing none, please call the roll.
135 April 10, 1906 ___
lao
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-279
A MOTION MAKING "MIAMI MAGIC" A CITY OF MIAMI SPON-
SORED EVENT, FURTHER REQUESTING THE JUNIOR LEAGUE OF
MIAMI TO CONTINUE TO ASSIST THE CITY WITH SAID PRO-
GRAM.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you for your "almost" presentation
Ms. Matkov: Oh, bless your hearts! Thank you so much. We certainly appre-
ciate it.
Mr. Plummer: Go away and sin no more.
49. DISCUSSION CONCERNING RECENT DEMONSTRATIONS AT THE TORCH OF FRIENDSHIP,
PERSONAL APPEARANCE: JACQUES WILSON.
Mayor Suarez: Dr. Wilson, personal appearance on the issue of the March 22nd
demonstration.
Dr. Jacques M. P. Wilson: Mr. Mayor and members of the Commission, Ladies
and Gentlemen, I am Dr. Jacques M. P. Wilson, a retired professor and educa-
tor. I moved to Miami in 1934, with my family, as a teenager. I attended
Miami -Edison High School, graduated from it; attended the University of Miami,
received a bachelor's degree there, and later a master's. I also hold a
doctorate from the University of Texas, at Austin. As an enlisted man, a
warrant officer and a commissioned officer in both the Army and the United
States Air Force for over 15 years, I fought in World War II and in Korea, for
which I garnered a fist full of battle stars, medals, citations and campaign
ribbons. I paid my dues, and believe me, that my patriotism, and my loyalty
to my country is beyond question. As a professional academician, and as a
representative of my country, I have spent many long and happy years working
in Latin America. I have known Cuba well since 1941, and I have visited that
country many times over, over the past 45 years. I am a Latin Americanist by
profession, and have served national leaders south of the border as a consult-
ant over the past 25 years. On March 22nd, I joined with the South Florida
Peace Coalition in giving witness before the Torch of Friendship, opposing aid
to the Contra mercenaries in Central America. For exercising my right to free
speech and freedom of assembly, I was harassed, targeted with eggs and other
missiles, photographed repeatedly by a mob granted a permit by this City
Administration to assemble at almost the identical site, as our witness, and
at the same time. Hispanic radio stations, as is their want, had incited the
mob to a fever pitch of hysteria, against the "Comunistas". That same night,
soveone threw a concrete block through the windows of my car at my home. I
brought the block with me, but I didn't want to inflame the matter further.
I can't imagine ever parting with that. It is a memento that I will cherish
deeply. I can't prove the cowards who did this were the same individuals as
those who were at the demonstration. A Harvard lawyer would agree, the
evidence is circumstantial, but to me the message is clear - rank intimida-
tion - $127 worth of intimidation. Mayor Suarez' statement about the South
Florida Peace Coalition, and I quote it as printed in the press: "Unfortunate-
136 April 10, 1986
ly, they have the right to be on the other side of the street. I am sure
you've all looked clearly to see who was on that side, Senators and Represen-
tatives included, and surely, some members of Marxist groups." This Freudian
slip, using the word "unfortunately", tells it all, Mr. Mayor. The U. S.
Constitution gives the same rights to all, center, left, or right. What is
even more appalling, is that it took you from March 22nd to April 4th (13
days) to clarify your stand on free speech and to affirm that you really
upheld the First Amendment rights as 'Constitution for all'. Ronnie Reagan's
teflon mantle fits you poorly, Mr. Mayor. And this afternoon, I heard this
Commission follow the recommendation of Commissioner Carollo to imply that
there may be unregistered foreign agents in this community, and by implica-
tion, any group which does not share his political philosophy. We are rush-
ing forward into the future, looking through a rear-view mirror, ladies and
gentlemen. Now Miami has McCarthyism revisited, because you will seeing
pointing fingers at one or the other "ese es un Comunista, investigate himl,
"ese es agente de Castro, investigate him", "este es agente de Khadafy,
investigate him". Ladies and gentlemen, I didn't come here to agitate any-
thing; I came here to bring you some sober reflection. Miami doesn't need
late 20th century carpet bagging. We neither need any of the ideologies from
south of the border, whether they be Batiste -like, Somoza-like, or whoever
they are, as interpretations of freedom of speech, freedom of the press, and
democracy. I have lived through those down there. I know what they are like,
and we don't need that here. Miami does not need an infusion of mob rule,
abetted by some of our elected leaders, as occurred on March 22nd. I will go
one step further. Miami does not need incipient Fascism, because that looks
to me just the same as it does, whether it is in Caracas, or Panama, or
Guayaquil, or wherever. We do need mature leadership, and I've come here to
exhort that from you, ladies and gentlemen, guaranteeing that all segments of
this community grow and prosper equally. We, the citizenry, have an obliga-
tion to remain vigilant, that you, our servants - I repeat, our servants, do
this for us, because as you know, "el camaron que se duerme, se to lleva la
corriente". I will go one more, in 1936, probably before many of you were
born, Sinclair Lewis wrote a book. It was called, It Can't Happen Here. I
have a cold shudder this afternoon, that maybe it is happening here. Thank
you.
Mayor Suarez: The fact that you made your statement in total and absolute
freedom is proof that freedom of expression is doing quite well in Miami, and
as far as my own involvement, sir, my conscience is quite clear. I hope yours
is as clear as mine. Thank you, in any event.
Mr. Carollo: Not only that, Mr. Mayor, but I think if anything, we have also
proven that individuals can come before this body to insult us, call us
Fascists, insult the majority of the people that live and pay taxes in this
City and call them all kinds of names, freely, without anyone interfering with
their right to do so. I will say, and also exercising my First Amendment
right and my freedom of speech, that I just can't help but to be surprised how
someone that is attacking members of this Commission and a majority of this
community for not, supposedly, letting them exercise their freedom of speech
in another occasion, which is not the fact, can, at the same time, be so much
in support of countries and systems, that do not have any freedom of speech
whatsoever. You know, I see attacks on Somoza. I see attacks on Batista
that were made here, but, you know, I just find it kind of ironic, that I
didn't hear the same statements made about Fidel Castro, about Daniel
Ortega, about Mr. Khadafy. I, personally feel, and I am proud to say it,
that I think Mr. Fidel Castro and Mr. Daniel Ortega, Mr. Yasser Arrafat, and
Mr. Khadafy, which are all one, and are at the tail - the head being the
Soviet Union, are all a bunch of terrorists and murderers. I wonder if he
could say the same for them, and I give you the opportunity to again exercise
your freedom of speech, and say the same publicly, if you believe that - that
they are murderers and terrorists. For that matter, if you do not want to,
you can say anything else that you would like, under your First Amendment
rights, and you have that opportunity, sir.
Dr. Wilson: Commissioner Carollo, I appreciate the opportunity. I did not
come here to debate. I came here to make a prepared statement, and I had
requested five minutes of time for the purpose of doing so, and I did so.
Because I made the statement I did, does not mean that I hold a brief for
Fidel Castro, or for Daniel Ortega, or for any of the other powers in the
Soviet bloc. I was criticizing not the international politics of the situa-
tion, I was criticizing the domestic politics here, where individuals were
being harassed for practicing something which they ... and harassed, as I was
137 April 10, 1986
personally, harassed for practicing the right which they are guaranteed to
practice regardless of what they believe. I fought to guarantee people the
opportunity to practice those rights, and those rights were denied me on March
22nd.
Mr. Carollo: There are many people that fought for that right, sir, and many
that are still dying and fighting for it in many parts of the world so that we
here can exercise that First Amendment right that we all have, while many
others do not have it any more, because there are people still here in this
country that are blind to governments like Khadafy's, governments like Daniel
Ortega's, and governments like Fidel Castro's, but I think you made my point,
that you do not want to, sir, agree with the statement that I made of calling
Fidel Castro, Daniel Ortega, Khadafy, and Yasser Arrafat, terrorists and
murderers.
Mr. Dawkins: Why is it that here, today, we have been concerned with every-
one's rights but the Blacks in South Africa. Do they not too have their
rights denied to them?
Mr. Carollo: One additional observation that I think needs to be made - there
have been allegations that people could not exercise their freedom of speech
in that demonstration three weeks ago; but on the contrary, more than ever
people were able to exercise their freedom of speech, and more than ever, the
groups that were demonstrating were able to exercise, and be successful in
exercising their point of view. The point here is no longer, even though
there are some that are being mislead at this, the question of freedom of
speech. You can't tell me that certain individuals, like Andres Gomez, that
travels to Cuba constantly promoting Fidel Castro, is concerned with freedom
of speech, when there is no freedom of speech in Cuba, whom he serves. I
would find it very sarcastic, if this individual could be concerned about our
freedom of speech. Mr. Ray Fauntroy - how can Mr. Ray Fauntroy complain about
freedom of speech now, and say that everyone has a right to exercise their
right, when he wanted others that didn't agree with his point of view, and
didn't agree with mine, for that matter, because I made a motion condemning
and finding the Clan repugnant, he wanted the City not to give them a permit
for them to exercise their freedom of speech. The point here, is not freedom
of speech, anymore ladies and gentlemen. The point here is, that there are
some individuals, small groups, that wants to, and purposely are trying to
disrupt this community, and to pit one group against the other, and this is
what we cannot let happen in this community; we cannot have civil disturbance
in this community; we cannot have violence in this community, and we all have
to respect each other's rights and abide by the law of this land - all the
laws, not just some laws that might fit some in different occasions.
Mrs Kennedy: Mr. Mayor, let me add a couple of comments.
Mayor Suarez: Commissioner Kennedy?
Mrs. Kennedy: Sir, I believe in free speech absolutely. I deplore what
happened on March 22nd. If you want to parade with the Klu Klux Klan in
Liberty City, I would let you. If you wanted to express your support for
Khadafy in Miami Beach, I think the Constitution grants you that right, but I
would never join you. I would never offend my Black brothers and sisters, or
I would never go... knowing the suffering and the pain that the Jews have
enO ured. I just wouldn't do it. But I am glad that you are here today,
because I want the citizens of this community to be able to exercise another
right and express their views in a secret ballot. It is for this reason that I
would like to ask the City Attorney to draft a ballot question, asking the
citizens of Miami whether they agree with President Reagan's foreign policies
in Central America, and please do not tell me that this is a Cuban issue, and
that *.a are only interested in foreign policy. The City of Ann Arbor just did
it this past week, and also, Seattle did it last year. I think that Miamians
have the right to express their views on this subject.
Mr. Carollo: Commissioner Kennedy, I personally won't have any problems in
seeing that placed on the ballot, but I just wonder right now if maybe the
time to discuss that again would be at another time, instead of at a time
that there are individuals that are purposely trying to inflame more the
sentiment of this community in many ways...
Mrs. Kennedy: Okay, I don't have any problem with that.
138 April 10, 1986
4
4b W.
Mr. Carollo: ... and that would be the only concern that I would have, but I
certainly would not have any problems with that. If I could make one addi-
tional observation. To show you just how much these approximately 150 people
or so, that were in the minority, demonstrating three Saturdays ago were able
to exercise their freedom of speech - the permit that was given to them was a
permit for two hours. They were there exercising their freedom of speech for
two and one-half hours. The problem is, ladies and gentlemen, and those in
law enforcement that have certain information can deny this if this is not
true, but this was told to me by someone in law enforcement, in a position of
responsibility. There apparently was a small, very small group of subversive
elements that purposely were looking for someone to either be killed, or hurt
seriously that day, and they were very upset and disappointed that that did
not happen, and when the demonstration was over and these people exercised
their First Amendment rights, they were asked, at the direction of the Police
Department, to go around the back of the fence that was there, to make sure
that there would not be any possibility of people - one group, or another, to
bump into each other, whatsoever. Mr. Jack Lieberman, as I was told by our
Police Department, refused. He did not want the people to go that route,
apparently, because he wanted, purposely, for people to have a physical
confrontation with one another, and he insisted that they had to walk through
the front, where they would bump with other people that had opposing views,
while some, within his own group, were shooting as many birds, and saying as
many profanities, as anyone that was in the extreme of the other side. Now,
I think that what everyone in this community has to do, no matter what their
point of view is, whether you are for or against the issue involved, whatever
issues might come up in the future, is to respect one another, but don't let
outsiders, special individuals, that are constantly traveling to Havana, to
Managua, meeting with top government officials in those countries, and partic-
ularly, intelligence officials of those countries, come here and using who
knows whose money, to try to set our City apart, and disrupt our community
here. That is what we cannot let happen. This is why I urge all the peace
loving citizens of this community, not to participate, or get involved in any
of these future demonstrations that are being planned, including the one this
Saturday under the pretense of freedom of speech, and another one that is
being planned for May 17th, and if I am going to be accused of being a Nazi,
and all of us here are going to be accused of being Nazis, accused of
McCarthyism, because we have asked this afternoon for the Federal laws to be
enforced, in as far as foreign agents having to register, then so be it, but
it surprises me, just because we have asked the Federal government to enforce
the existing laws the Federal government has, and if there are those who are
in violation of it, to be prosecuted, how someone can be upset at that? It
seems to me they want certain laws to be applied, but not others.
50. UPHOLD CITY COMMISSION STANDING POLICY RELATED TO FUNDING OF EVENTS -
DENY FUNDING REQUEST RECEIVED FROM COCONUT GROVE CARES INC. IN SUPPORT OF
"FIRST ANNUAL MIAMI AEROBIC TOURNAMENT & FITNESS FAIR."
Mayor Suarez: We are on item 56, Coconut Grove Cares. City of Miami Cares.
Mr. Dawkins: Mr. Mayor, I want to make a statement before they get started.
Mayor Suarez: Yes, go ahead.
Mr. Dawkins: This group came before us and had us to waive all of the fees
for their antique shops. We did that. Now, this group is back again asking
you to waive the fee for this. When are you going to stop subsidizing this
outfit? That is my only concern. Thank you. Go ahead, sir.
Dr. Alan Seifer: Commissioners, we wanted to change that around. We wanted
to ask the City of Miami to promote themselves as a healthy place to live,
instead.
Mr. Dawkins: You are still asking me, and the City of Miami to do the same
thing I have just done for you - waive the fees. Why don't you have this in
conjunction with one of your antique shows, and show me that we are trying to
promote Miami.
139 April 10, 1986
Dr. Seifer: Well, we are trying to promote Miami in a different fashion. We
are trying to give Miami the image of a health and fitness capital, and it has
nothing to do with an antique show. Just let me say what I wanted to say.
Mayor Suarez: State your name and address.
Mrs. Kennedy: Can you tell us what you are going to do?
Dr. Alan Seifer: I am Dr. Alan Seifer, and I have donated my professional
services as a physician to the City of Miami Elizabeth Virrick Boxing Gym,
and the City of Miami Police Amateur Boxing Program run by Pat Burns and Joe
Remundo, for the past six years, for free, and I have come up with a way for
Coconut Grove Cares to raise some funds, as well as promoting Miami as a
healthy place to live. On April 12th, right here at the Coconut Grove Exhibi-
tion Center, The American Diabetes Association, The American Heart Associa-
tion, The American Lung Association, The American Cancer Society, and twenty
other health and fitness organizations are coming together to promote Miami
as a health center, and I am asking the City of Miami to be a co-sponsor of
this prestigious event.
Mr. Dawkins: Will the City of Miami share in the profits from the $125 for
the booth, and the $10 admission fee by individuals? Will we share in that?
Dr. Seifer: OK, we would like the City of Miami to share in the gate, in a
percentage of the gate. That is what we would like to propose.
Mr. Dawkins: I have no further comments here.
Mr. Plummer: Mr. Mayor, I think all of us have expressed our desire to help
Coconut Grove Cares, and I think all of us have helped Coconut Grove Cares. I
move that item 56 be denied.
Mr. Dawkins: Second.
Mrs. Elizabeth Virrick: We are not asking for funds, we are asking...
Mayor Suarez: Mrs. Virrick.
Mrs. Virrick: ... for you to share in the pleasure of making Miami known as the
health center of the United States, instead of the crime center. We didn't
come here to ask for funds.
Mr. Dawkins: Mrs. Virrick, with due respect to you, I will have to tell you,
as I tell you each time, I get tired of civic organizations of using you,
Mrs. Range, Mrs. Gibson, and Mrs. Douglas. Every time they want sympathy from
this Commission, they bring one of you down here and put you before us so our
hearts will bleed buttermilk, and grant it to you. Well, no, Ma'am.
Mrs. Virrick: Mr. Dawkins.
Mr. Dawkins: Yes, Ma'am.
Mrs. Virrick: You have made a mistake this time, because they are not asking
for any...
Mr. Dawkins: Yes, all right, I am glad that I made a mistake one time, and
was right the rest of the time. (LAUGHTER!)
Mrs. Virrick: Nobody is perfect.
Mr. Plummer: I am not going to ditto that!
Mrs. Virrick: You are wrong. We are asking for the City of Miami to allow
some of the glory to return the City for our attempts to try to change the
image of Miami from crime center to a health center, and we are asking you to
share in the glory that is going to come from it. We did not come to... I am
sorry you jumped to those conclusions, and I'm afraid my reputation is such
that from now on everybody will think I am asking for money.
Mr. Dawkins: Oh, no, no. I said, every time they want our sympathy, they
bring you...
140 April 10, 1986
Mrs. Virrick: I don't want sympathy!
Mr. Dawkins: ... no, no, not you - this organization, see? They know that...
OK, you are correct. All right, no problem.
Mrs. Virrick: We are not asking for sympathy, either. Mr. Dawkins, you and I
have had this conversation.
Mr. Dawkins: That is why I say, I have been right all other times, and I am
glad I am wrong this time, yes, Ma'am. You are right!
Mrs. Kennedy: Mrs. Virrick, let me ask the Doctor, I am a fan of aerobics.
Tell me what you are going to do for the City of Miami when you say you are
giving us some exposure. Is this going to be televised, or what are you
talking about?
Mrs. Virrick: Dr. Seifer is the chairman of it, and he will tell you.
Dr. Seifer: We have some articles today in the newspaper about this in the
Neighbor's section, as well as the news section, and we have been advertising
this. We have as our sponsor, Channel 39, and WVCG has been sponsoring this
for four weeks, and giving us about $10,000 in the City of Miami free adver-
tising, promoting this. We have the national aerobic champions in Miami. We
have one of the best medical centers in Miami, and I think we should promote
this, rather than have the newspapers headlines promote crime and drugs as the
way Miami is run.
Mr. Plummer: Mr. Mayor, I want to change my motion to read, which should be
proper is, Lhat we uphold the City of Miami policy related to funding.
Mayor Suarez: If I thought that I could any votes out of this Commission, I
would propose a rethinking of our policy on waivers so that we establish what
the actual cost to the City is from using the facility, and at some point I
may do that if I feel that I have got some support on this Commission. At
this point, I am going to limit myself to voting against the motion, but I can
see that it is going to pass in any event. Frank, did you want to say some-
thing? Your name and address, please, Frank.
Mr. Frank Allbritton: My name is Frank Allbritton. I am with Coconut Grove
Cares. We know there is so much to do out there, especially with cutting
back, budget cuts, funds from Washington. We are doing all this for volun-
teer. We don't know how else to try to help other people to help themselves.
The funds from these programs goes to help... take up the slack, probably in
times past, of funds that the City had in development funds for different
organizations. We have no other way. We go and beg, and plead with everybody
to donate services, prize money, and everything else, but the ultimate pro-
ceeds from these activities does not benefit anybody but the community, and
that is why I don't feel bad in coming to beg.
Mr. Plummer: Frank, did you go to the Public Health Trust, which is where the
dollars are for those kinds of things?
Mr. Allbritton: Sir...?
Mr. Plummer: There is a source of funding called the Public Health Trust.
City of Miami contributes to that just like every other municipality, and if
it is for the good of the community, and it relates to medical, that is what
the Public Health Trust is for.
Mr. Allbritton: No, Mr. Plummer, what I am trying to say is that the proceeds
from this type of event, ultimately go to help the different programs that we
are involved, that goes back directly to the community - no where else, just
City of Miami, and that is why I say, you know, coming to beg all the time is
no good feeling, but someone has to address the issues, and we know all know
the money has to come from somewhere, so we are put to task to try to devise
some system so that we won't have to come for block grants to the City, and I
don't know how else we can do it, so you know, it is just one of those dilem-
mas that we are all facing. I am sure there are other problems out there that
need have priorities and attention, but this is our only way that we know how,
and I really don't think that we should be condemned for it.
Mr. Plummer: Nobody is condemning you.
141 April 10, 1986
Mrs. Virrick: Before you vote, I want to say one thing. I think we got off to
the wrong foot, because you all thought before we got here we were going to
ask for money. We didn't come here to ask for money. Now, I don't want to
take up the time of all these people here, while we argue this and I am old
enough to not be condemned for saying, Mr. Dawkins, will you please call me
and make a date with me to have a nice long talk, and I am not a bit ashamed
of asking a young man to have an appointment with me.
Mayor Suarez: That couldn't possibly refer to Miller Dawkins.
Mrs. Virrick: I addressed it to Mr. Dawkins.
Mayor Suarez: If it means an end to this dialogue, I will be sure to make the
appointment, and make sure I drag him over there.
Mrs. Virrick: Fine. Thank you.
Mr. Dawkins: Pam, stand up. Will you call Mrs. Virrick and make an appoint-
ment for me to meet with her, take her to lunch, please? Thank you.
Mayor Suarez: That should be in the form of a resolution, which we will sign
and... official city appointment!
Mrs. Virrick: Well, I didn't hear what he said. What did he say?
Mr. Plummer: No, don't do that. Then he will charge the lunch to the City.
Mayor Suarez: Thank you, Mrs. Virrick.
Mrs. Virrick: Well now, you haven't voted on this, have you?
Mayor Suarez: You want to stay around for that, too?
Mrs. Virrick: Well, you don't want me? Is there something in the Charter
that says...
Mayor Suarez: No, it is the policy of the Commission not to grant fee waivers
for this kind of event.
Mrs. Virrick: Not to grant people what?
Mayor Suarez: Not to grant the fee waivers for this kind of an event.
Mrs. Virrick: We didn't... what we wanted to ask you was if you wanted to be
cosponsors and have some of the praise from it. That is what we came to ask
you. Are you saying you don't want to be a cosponsor?
Mayor Suarez: Well, we haven't taken the vote yet, but I have a feeling that
is what the Commission is going to say.
Mrs. Virrick: Without any funds being discussed.
Mr. Dawkins: Mrs. Virrick, I hate to differ with you. The item reads,
"Representatives of Coconut Grove Cares, Inc., to request funds to cover the
cost for the use of the Coconut Grove Exhibition Center for the first annual
Miami Aerobic Tournament and Fitness Fair." Fundsl
Mrs. Virrick: I didn't know that.
Mr. Dawkins: Well, all I can go by, Madam, is what I am reading.
Mrs. Virrick: No.
Mrs. Kennedy: It is a matter of semantics.
Mrs. Virrick: Did you ask for money?
Mr. Dawkins: Even in the ghetto they couldn't make nothing different out of
this.
Mrs. Virrick: We had better talk to each other firstl
142 April 10, 1986
Dr. Seifert That was not the way it was intended.
Mayor Suarez: We have a motion. Do we have a second?
Mr. Dawkins: Yes, I second it.
Mayor Suarez: Moved and seconded. Please call the roll.
Mrs. Virrick: What are you voting on?
Mr. Plummer: To uphold the policy.
Mrs. Virrick: Of not donating funds?
Mr. Dawkins: Yes, Ma'am.
Mrs. Virrick: We didn't ask you to donate funds.
Mayor Suarez: Or a fee waiver.
Mr. Odio: J. L., how can you say no to that lady?
Mr. Plummer: Hey, I have said yes to that lady so damn many times, one, it
won't hurt at all.
Mayor Suarez: Call the roll, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-280
A MOTION UPHOLDING THE CITY COMMISSION'S POLICY REGARDING
FUNDING OF EVENTS AND DENYING A REQUEST FOR FUNDS
RECEIVED
FROM REPRESENTATIVES OF COCONUT GROVE CARES INC.
IN SUP-
PORT OF THE "FIRST ANNUAL MIAMI AEROBIC TOURNAMENT &
FITNESS FAIR".
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.
Vice -Mayor Miller J. Dawkins
NOES: Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: To uphold the policy, "yes".
Mrs. Kennedy: I haven't said "yes" to that lady enough, and I
don't see this
as a fee waiver, so I am going to vote "no".
Mr. Dawkins: To uphold the policy, "yes".
Mr. Carollo: How are you going to vote, Xavier?
Mayor Suarez: You know my stand on this.
Mrs. Kennedy: I am going to lose on this one, Joe.
Mr. Carollo: I have to vote to uphold the policy.
Me►yQr Sprest On the motion to uphold the policy, "no." I would like to she»fie
thp- policy. Thank you very much for your presentation.
Dr.-, Soifer; Thank you.
143
ME
Mayor Suarez: Thank you, Frank, Doctor. We are not too sure what we voted
on, either, but Frank can explain it to you, or Dr. Seifer. And, Commissioner
Dawkins can explain it to you over lunch, too. I think one of you is going to
get indigestion.
51. A. ACCEPT DONATION OF STATUE (BUST) OF NESTOR IZQUIERDO.
B. CO -DESIGNATE N.W. 5TH COURT BETWEEN N.W. 60TH STREET AND N.W. 62ND
STREET AS "RED RAIDERS ROAD".
Mr. Dawkins: Mr. Mayor, I've got two housecleaning items I would like to
present here, please.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Manager, we passed a motion number 84-835, that we were
going to put a bust on S.W. 8th Street and 13th Avenue, and we sent the
recommendation to the Memorial Committee. There is no Memorial Committee.
Mrs. Dougherty: J.L., listen to this, there is no Memorial Committee.
Mr. Dawkins: We also ordered the request of Miami Edison to change the name
of 6th Court from 6th Court to Red Raiders Road. We also sent that to the
Memorial Committee, which there is no Memorial Committee so...
Mr. Odio: There is a Memorial Committee.
Mr. Plummer: There is a Memorial Committee, headed up by... what is that
lady's name?
Mr. Dawkins: No, there isn't!
Mrs. Dougherty: No.
Mayor Suarez: Has it functioned? It is a sort of related question, you
know?
Mr. Odio: Well, it was Commissioner Plummer that sent it to the Memorial
Committee, so...
Mr. Plummer: Well, that's in keeping... I'm as.....
Mr. Dawkins: So...
Mayor Suarez: I will entertain a motion to reduce his salary right now!
Mrs. Kennedy: Sixteen years, and you still don't know that?
Mr. Dawkins: Since we have no Memorial Committee, I would like to move that
these two items happen, since there is no Memorial Committee to act on them.
Mr. Odio: It expired in '82. Oh, yes? Good.
Mr. Plummer: I think you better go tell Mrs. Burton that she doesn't have a
committee that she is onl
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: She is aware of it? She has been doing a hell of a job ever
since.
Mr. Dawkins: This is since she found out there was no committee? So is
there, or is there not a committee?
Mr. Plummer: They are saying it was abolished in 1982. They have sure been
sending an awful lot of recommendations ever since 1982, I want to tell you
that!
Mrs. Dougherty: It technically expired in 1982.
144 April 10, 1986
A
Mr. Dawkins: Madam City Attorney, what course of action should we take now
then, with these two items?
Mr. Odio: Just go in and approve them.
Mr. Plummer: Go ahead and approve them.
Mr. Dawkins: I move that we approve them.
Mayor Suarez: So moved. Do we have a second?
Mr. PI-mmer: Second.
Mr. Carollo: Second.
Mayor Suarez: So seconded and thirded. Please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-281.1
A RESOLUTION ACCEPTING, IN PRINCIPLE, THE DONATION OF
A STATUE (BUST) TO BE DEDICATED IN COMMEMORATION OF
NESTOR IZQUIERDO, WHO DIED IN NICARAGUA, WHICH STATUE
WILL BE LOCATED BEHIND THE MONUMENT OF THE "2506
BRIGADE" LOCATED AT APPROXIMATELY S.W. 8TH STREET AND
13TH AVENUE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-281.2
A RESOLUTION CO -DESIGNATING N.W. 5TH COURT BETWEEN
N.W. 60TH STREET AND N.W. 62ND STREET AS "RED RAIDERS
ROAD"; REQUESTING DADE COUNTY DEPARTMENT OF PUBLIC
WORKS TO MAKE AND INSTALL STREET IDENTIFICATION SIGNS
BEARING SUCH DUAL DESIGNATION; AUTHORIZING AND DI-
RECTING THE CITY CLERK TO FORWARD THIS RESOLUTION TO
AFFECTED AGENCIES.
(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-
145/ rtS =
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.
52. SET POLICY REJECTING ALL PUBLIC WORKS BIDS WHERE LOWEST BID EXCEEDS BY A
CERTAIN PERCENTAGE THE CITY'S ESTIMATED COST.
Mr. Plummer: Mr. Mayor, I have that resolution here, which I think all of you
have copies on, about the 5% rule, as it goes to bidding. Do you have a copy
of it? Would you read it into the record? Is it an ordinance, or a resolu-
tion?
Mrs. Dougherty: Resolution.
Mr. Plummer: Would you read it, please?
(NOTE: AT THIS POINT, THE CITY ATTORNEY READ$ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY)
Mr. Plummer: I so move.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any further discussion? Hearing none,
please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-282
A RESOLUTION SETTING FORTH THE POLICY OF THE CITY
COMMISSION THAT THERE BE A REJECTION OF ALL BIDS
RECEIVED FOR THE CONSTRUCTION OF PUBLIC WORKS PROJECTS
WHERE THE LOWEST BID RECEIVED IS IN AN AMOUNT WHICH
EXCEEDS 5% OF THE CITY'S ESTIMATED COST FOR SAID
PROJECT, PROVIDED THAT SHOULD THE CITY MANAGER DETER-
MINE THAT A COMPELLING NEED OR REASON EXISTS FOR SUCH
PROJECT, HE MAY PRESENT ALL RESPONSIVE BIDS TO THE
CITY COMMISSION FOR ITS CONSIDERATION AND POSSIBLE
AWARD.
(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.
9
146
Aprtl 109 98b
53. APPROVE (FOR A SIX-MONTH PERIOD) CONTRACT WITH GOTLIEB'S FINANCIAL SER-
VICES FOR COLLECTION OF THE CITY'S RESCUE TRANSPORT USER FEE.
Mr. Plummer: I have one other item, Mr. Mayor, and I understand it is in
concurrence with Commissioner Dawkins. We were approached by the Fire De-
partment that trying to formulate a program within the Computer Department
for the building of the rescue services will take a minimum of three months.
We would lose three months of revenue. I am willing to go along and try the
six months, and I am told that Commissioner Dawkins is willing to do the same,
so at this particular time, I will approve that contract for a period of six
months on a trial basis.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Hearing no further discussion from the
Commission, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-283
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED, BETWEEN THE CITY AND GOTLIEB'S FINAN-
CIAL SERVICES, INC. (GFS) FOR COLLECTION OF THE CITY'S
RESCUE TRANSPORT USER FEE OF THE EMERGENCY MEDICAL
TRANSPORTATION SERVICE OF THE FIRE, RESCUE, AND
INSPECTION SERVICES DEPARTMENT, FOR A PERIOD OF SIX
(6) MONTHS AT AN ANTICIPATED MINIMUM COST OF $18,000,
BUT NOT TO EXCEED $50,000 WITH COMPENSATION FOR SAID
SERVICES TO BE PAID FROM SAID FEE REVENUES, SUBJECT TO
THE AVAILABILITY OF FUNDS; FURTHER PROVIDING THAT NO
COURT PROCEEDINGS BE INSTITUTED FOR COLLECTION OF
HEREIN FEE WITHOUT CITY COMMISSION APPROVAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I gather that pocket items have gone from being pocket items to
emergency, now house-cleaning! We have still limited them, I think, to some
extent!
Mr. Dawkins: The two I had were asked to be brought up by the Manager. They
were not my items.
Mayor Suarez: There you got So we blamed them on the Manager.
Mr. Dawkins: That is right. They were his house cleaning items.
Mayor Suarez: They are really house-cleaning items. I'm kidding. I think
we have been sticking to our policy
147 April 10, 1986
54. DEFERRING CONSIDERATION OF FUNDING REQUEST RECEIVED FROM LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS IN CONNECTION WITH FESTIVAL 20 DE MAYO".
Mayor Suarez: Item 57, Little Havana Activities and Nutrition Center.
Mr. Odio: They are requesting funds in the amount of $9,500 for the 20th of
May, celebration at Jose Marti Park. That is why...
Mr. Plummer: What is your recommendation, Mr. Manager?
Mr. Odio: I said unfortunately, I have to recommend denial, because it would
go against the policy of the City Commission and there is nothing we... if we
deny to one, we have to deny to all, and I recommend we deny this.
Mr. Plummer: I move on item 57 the policy be upheld.
Mrs. Kennedy: Don't you want to hear the presentation?
Mr. Plummer: No. Why? If the policy is not changed, there is no presenta-
tion to be made. There is no money in the budget. There is absolutely zero
dollars for festivals and other activities.
Mr. Dawkins: It has been moved and seconded. I will second.
Mayor Suarez: Moved and seconded. Any further discussion from the Commis-
sion? We have just gone through a similar discussion, Jorge, and...
Mr. Plummer: It is the same thing.
Mayor Suarez:... we are not moving off of it so far, so it really doesn't make
any sense to go through it again.
Mr. Carollo: How much are...
Mr. Plummer: $9,500.
Mr. Carollo: $9,500? OK. If you don't receive this, that means the Mayor
can't play basketball, or...?
Mr. Odio: No. We have a game with the Hialeah Fire Department.
Mayor Suarez: I go to Virrick Park to play basketball.
Mr. Carollo: Then, I am really going to have to consider that.
Mr. Plummer: Who is going to Hialeah? I want to know that!
Mr. Odio: I'm notl
Mr. Plummer: Not mel No, they changed the name from Hialeah to St.
Petersburg.
Mrs. Kennedy: I have been offered a police officer whose name is Kennedy
Rosario.
Mr. Dawkins: San Pedrosburgl
Mr. Plummer: St. Petersburg. We just gave you folks $300,000. right? _-
Mayor Suarez: For the record, please strike all negative references about
Hialeahl (LAUGHTER) We have a motion and a second?
Mr. Plummer: Call the roll.
-
Mayor Suarez: Call the roll, pleasel
(!iM AT THIS POINT, THE CITY CLERK CALLED THE ROLL ON THE MOTION TO UPHELD
THE POLICY OF THE CITY COMMISSION.)
148 April 10, 1985_;`
0! 4
Mrs. Kennedy: No, I am going to vote against the motion. I think that we
need events where we can support Cuban and American traditions and we need to
support the elderly. It is the least we can do for them.
Mr. Dawkins: I am voting to uphold the policy. The City Manager put in the
paper this morning he saved $15,000,000 and he is not going to raise my taxes,
and therefore, by God, I don't intend to fund no festivals as he long as he
keeps my taxes down.
Mr. Carollo: This one is really a tough one. It is a tough one for the
following reasons: On the one hand, we are trying to be as uniform as we
possibly can, and finally, after so many years of me screaming to hold down on
::he monies we have been giving for all kinds of activities and festivals, we
have established a policy that at least it seems the majority is sticking by,
but on the other hand, you know, it is an activity and a tradition that, you
know, I am inclined to vote in favor of. By what day, Jorge, do you need this
money by? I mean, is it something that you need right now, or...
Mr. Jorge Cunil: Well, Commissioner...
Mr. Carollo:... can it wait until the 22nd to see if we can identify maybe
some other non -City funds to pay for it?
Mr. Cunil: Yes, I would imagine that this is not a pressing time matter. The
only thing I feel unjust is that I have been waiting here since 3:00 o'clock
in the afternoon to bring my presentation and say what I have to say, and I
haven't even opened my mouth, and I don't think that is fair.
Mr. Dawkins: But, did you know the policy of the Commission before you got
here, sir?
Mr. Cunil: I did not know the policy of the Commissioners, but...
Mayor Suarez: Well, make a brief presentation, because we let Mrs. Virrick
make one, and even though the policy was still the same, and it had the same
relevance to her presentation, if you want to say something, Jorge.
Mr. Carollo: Why don't you withdraw the motion and the second, so we can be
in order, so he can make a presentation.
Mr. Dawkins: I withdraw the second.
Mr. Cunil: My only thing was, I know the policy that was...
Mayor Suarez: The second was withdrawn. Go ahead. If it makes any differ-
ence, I don't know, but go ahead.
Mr. Cunil: Because you know, the bad thing about this is that we call this
festival a festival. This idea of this festival to commemorate the Older
American Month to honor the elderly in this community was born through a joint
effort between the City of Miami and Little Havana Activity Center last year.
Mr. Carollo: That is correct.
Mr. Cunil: It was to follow what Congress of the United States had decreed
that the month of May be called the Older American Month. In conversations
that we had with different people from the City staff, we were advised to use
the park, Jose Marti, because it was very central, and it was a park that
nobody used, and it was a beautiful park. We agreed to have this commemora-
tion of the older American at the Jose Marti park. At that time they gave us
a date of 18th, 19th and 20th. Being the 20th of May, the Cuban Independence
Day, being this festival, as we called it later, in the center of Little
Havana, where the majority were Cubans, we decided to have the festival
commeworating not only the older citizens, but the Cuban Independence Day. It
was a sponsorship between the City of Miami and Little Havana to have this
festival. It was fun, because you remember how we played softball, etc. I
have here a light note, a letter from William Shockett...
Mr. Carollo: Jorge, if I could interrupt you for a minute - I am sorry.
Everything was fun, but the gamel We got killed in that game!
149 April 10, 1986
0 sr�
Mr. Cunil: You got murderedl
Mr. Carollo: You guys better watch it with Hialeah.
Mr. Plummer: They brought in chillsl
Mr. Cunil: Well, you know that the guy that batted the ball over the express-
way is no longer in the force, so...
Mr. Plummer: Was that him?
Mr. Cunil: That was himl So, at least one guy won't be hitting the ball over
the fence. Anyway, this is a letter from the City of Miami Beach, which
makes this "festival" even more attractive. We have been able to unite our
sister cities into a common festival. The City of Miami Beach, William E.
Shockett, Commissioner, responds to the invitation to play basketball. He has
answered:
"Dear Mrs. Carbonell, I will be delighted to accept the challenge of the
Miami Mayor and Commissioners to a basketball game on May 17th. Since
the City of Miami hired away our City Attorney, Lucia Dougherty, I do not
think it would be fair to let her play; therefore, we will agree, provid-
ed you agree that our respective City Attorneys will act as cheer lead-
ers. You should see Arnold Winer in pom pomsl"
On a serious note, I do think that this should be a joint effort, and all we
are asking, is not funds, so that at least, the Police Department, the Fire
Department, can get together, and through volunteer work through however it
can be done, to make this less expensive to run, because we don't have ways to
control the public, so we can't charge a fee to come in there. We don't have
ways to put rides, because the City does not allow rides in the park Jose
Marti, and therefore, there is no way that we can get income from this festi-
val. In general, Commissioners, and Mr. Mayor, what I am asking is a joint
effort to have a commemoration for the elderly citizens of the community.
Thank you.
Mayor Suarez: Thank you, Jorge.
Mr. Carollo: I'd like to make a...
Mayor Suarez: Commissioner Carollo.
Mr. Carollo:. ..motion for this item to be deferred fo► the 22nd, and I hope
between now and then, I, and the Administration can find some outside non -City
sponsors to provide the funds that are needed.
Mr. Plummer: That is fine. I will second that motion.
Mayor Suarez: Motion has been moved and seconded. I think it implies that
the other motion will be withdrawn. Commissioner?
Mr. Plummer: Sure, as long as it is outside funds.
Mayor Suarez: Motion made and seconded. Hearing no further discussion from
the Commission, please call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-284
A MOTION DEFERRING, TO THE MEETING OF APRIL 22ND, A
REQUEST FOR FUNDS RECEIVED FROM REPRESENTATIVES OF THE
LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE
COUNTY SEEKING SUPPORT FOR "FESTIVAL 20 DE MAYO", IN
ORDER THAT MEMBERS OF THE CITY COMMISSION MAY ATTEMPT
TO IDENTIFY ALTERNATE NON -CITY SOURCES OF FUNDING FOR
SAID FESTIVAL.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote-
150 April 101 19$6_ a,,
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: Thank you, George.
Mr. Cunil: Thank you, very much.
Mr. Carollo: It is going to be automatically on the agenda again in the 22nd.
Mr. Odio: Can we get assurances that they won't put ringers in the Hialeah
team like they did before?
Mayor Suarez: Yes, you had better do a lot of clarifying between now and that
date, because if it is a matter of my playing with this Commission's basket-
ball game against Miami Beach, I am not inclined to do that at alll
Mr. Plummer: What the hell do you mean? We don't want to play with youl
Mr. Cunil: Well, then you can use the City employees.
Mayor Suarez: There you gol it is reciprocal, you see.
Mr. Cunil: Well, Hialeah hasn't got any more employees - at least at last
countl
Mr. Odio: What we are doing...
Mrs. Kennedy: Let me tell you. I was there last year, and it was great! I
really enjoyed it, and everybody had a great time.
Mr. Plummer: Yes, you sat on the sidelines and didn't do anything!
Mr. Odio: Madam, you didn't lose 25 to 51
Mr. Cunil: Thank you.
Mayor Suarez: Thank you, George.
55. PERSONAL APPEARANCES: JOSE BARRERO-PROPOSED BLOODLESS BULL FIGHTING
EXHIBITIONS.
Mayor Suarez: Item 58. Mr. Barrero.
Mr. Jose Barrero: Mr. Mayor and members of the Commission, I am Joe Barrero.
I live 629 S.W. 60 road . The purpose for me being in front of this Commis-
sion, is to ask for your support to a bill that my senator and state represen-
tative are presenting in Tallahassee, concerning bloodless bull fighting
exhibitions to be permitted in this City of Miami. I know this kind of sport
is going to bring a lot of tourists from Central and South America, as well as
from the U.S.A. and Europe. I also believe that this sport will become famous
as it is already in Mexico, Venezuela, Colombia, Peru, Ecuador, Portugal,
France, Spain, and as I already know, in Texas. By having this sport, we
will use the Orange Bowl at least eight times a year. We will also be tele-
vising these exhibitions to a few countries around the world. You know how
much this will represent in promoting the City without costing the taxpayers.
There are...
Mayor Suarez: Did you say that it was being done in Texas?
Mr.' Barrero: Yes, sir.
151 April 10, 1986,
Mrs. Kennedy: Excuse me. Who is the senator, and who is the representative
behind this?
Mr. Barrero: Well, Senator John Hill presented it in 1982.
Mrs. Kennedy: I am sorry, I could not hear you.
Mr. Barrero: Senator John Hill and Roberto Casas presented the B411 in 1982.
I don't...
Mrs. Kennedy: John Hill, from Hialeah?
Mr. Plummer: Well, that is a good place for it. They sure know an awful lot
of bull in Hialeahl
Mrs. Kennedy: And who is the representative?
Mr. Barrero: Roberto Casas.
Mrs. Kennedy: Roberto Casas.
Mr. Plummer: They are both from Hialeah.
Mr. Barrero: They don't have an Orange Bowl.
Mr. Plummer: Sure, they have Hialeah Race Track. It would be a great place
for itl
Mrs. Kennedy: The only difference is that is not bloodless bull fighting over
there.
Mr. Odio: There are enough bulls around here.
Mrs. Kennedy: Yes, there is enough blood, too.
Mayor Suarez: Go ahead, Mr. Barrero.
Mr. Barrero: The arena in Mexico City with capacity for 50,000 is being used
twenty times a year, with the average ticket sold at $15.00. That means that
they make an average of $50,000,000 and just on tickets sold. Last season, in
Spain, 50,000,000 people attended this kind of a sport. What I am asking is
not different from horse racing or dog track, and the law already allows
animal fights when they are used on T.V. programs and motion pictures. This
is an international event and what better place to have it than in an interna-
tional city like ours. I also collected 25,000 signatures supporting this
sport. All I am asking is to support this on principle, and then we will see
what the legislators are going to say. Thank you, very much. I also want to
say that since the Dolphins are leaving there, because they are constructing
a newer stadium, I will contribute with the revenue that the Dolphins are not
going to pay. This is a bloodless bull fighting. There is not going to be
any cruelty to the animal at all, and I don't see...
Mayor Suarez: Thank you, Mr. Barrero. Commissioners, anyone on this item?
Mr. Carollo: I will let the Mayor handle this one. Go ahead, Xavier, grab
the bull by the horns, there.
Mrs. Kennedy: I am against bull fights and cock fights and dog fights
Mr. Barrero: Yes, but there is not going to be any harm to the animal, you
know. It is like dog racing.
Mayor Suarez: You know, at best, this Commission is hardly excited about the
concept, so really, my suggestion is go to the Legislature and try to convince
them, because you need to change the State law, and I can't imagine that this
Commission would make any resolution one way or the other. From my perspec-
tive, not citizen in Miami, in the ten and one-half years that I have been
here, has even mentioned the possibility of bloodless bull fighting, or want
to engage my support for it with the Legislature. We have got some legisla-
tive items coming up that are quite important to our City that we do have to
promote in the Legislature, so I would, you know, frankly, just not get
involved in the issue at all, but that doesn't mean that you shouldn't go to
152 April 10, 1986
AV -,,
the Legislature and lobby them yourself to see if you can get the State law
changed.
Mr. Barrero: Yes, but, excuse me, my Senator and Representative, you know,
asked me, without the support of this Commission, it is very difficult to pass
a bill in Tallahassee.
Mr. Plummer: That i;,: right.
Mayor Suarez: Well, I hope everyone believes that, that without the support
of this Commission it is difficult...
Mr. Plummer: I hope that applies to everything else up therel
Mayor Suarez: Yes, really! Thank you, Mr. Barrero. We have no motion on the
floor, so...
fi.
NOTE FOR THE RECORD: AGENDA ITEMS 59, 60, AND 61 WERE WITHDRAWN.
56. DISCUSSION REGARDING 'CITY BALL' SIGH AT ITS ENTRANCE. `
I^
Mayor Suarez: Item 62, that was my item - Miami City Hall sign. Any Commis-
sioner want to address this issue?
Mr. Plummer: Mr. Mayor, I had an offer about a year ago that I would like to
pursue. Yes, we need a new sign. Mr. Woody Weiser, the owner of Grand Bay,
at one time offered to put up a sign that was decent in front of City Hall,
and I would like to go back, or have the Administration go back and see if
that offer is still goodl I mean, at the time, and you know, approved by the
City, and I think that is what we ought to pursue.
Mr. Odio: Ok. Fine.
Mayor Suarez: When you mention that to him, would you tell him to at least to
consider the J. P.'s sign that is out here, as far as the earth colors that it
has and, you know, the general tone of it, and so on, the characteristics of
it? It is a really very pleasant sign and we want something made a little
bigger, or something.
Mr. Plummer: Well, he was willing to put up one hell of a nice sign, yes,
sir.
Mrs. Kennedy: I think that if were judged by the kind of sign we have at the
entrance of City Hall, we would be found to be a very bad form of government,
and I would love to see change.
Mayor Suarez: People miss it as they go by there. It is just an eyesore,
really. Will we get a report back on that, fairly quickly, John? Can you
work with Commissioner Plummer?
Mr. Gilchrist: Sure, I will do that.
57. EXTEND TIME LIMITATION FOR CITY COMMISSION APPROVAL OF CONSTRUCTION DIS-
BURSEMENT SCHEDULE FOR CONSTRUCTION OF MODERATE HOUSING UNITS OFF CLAUGH-
TON ISLAND (AT SHELL CITY AND EAST LITTLE HAVANA SITES.)
Mayor Suarez: Agenda item 63, Claughton Island construction disbursement
schedule.
Mr. Odio: That is the schedule that was issued last...
Mayor Suarez: Item 63.
Mr. Plummer: Who asked for this on the agenda?
Mayor Suarez: This had to come back to us, I think, by our own...
Mr. Odio: This was deferred the last time, and it was ordered to be brought
back.
Mayor Suarez: That we approve the disbursement schedule. Is there a recom-
mended schedule that the City Manager wants us to approve?
Mr. Odio: Yes, sir, Mr. Bailey is going to explain it to you.
Mr. Herb Bailey: As requested by the Commission at a previous meeting, it was
suggested that the selected development for the Shell City site and the Little
Havana site come back with a disbursement schedule, an indication of how they
are going to disburse the funds provided them from the Claughton Island
arrangement, They did submit that to us. It was more of a mathematics cal-
culation in terms of how the disbursement would be made, pending certain
circumstances. We did discuss in detail with both of the principals regarding
their submission, and really, what we have here is an indication of how the
monies will be disbursed if all other conditions fall into place, and I would
just like to say at this time, that that is not a recommendation, merely
because that is too early, it was only about fifteen days from the time we
made the request for them to come back. They have not been able, the time was
too short to get permanent financing in place. There is an indication that
the institution they are discussing it with, will sometime in the very near
future commit financing. And under those circumstances, depending upon the
conditions of the financing, we would then have a more absolute schedule of
how the funds would be disbursed. But, what they did submit was, what we
would normally do in the development situation, is a projection, and it was
acceptable, based on the theory of how we would do things if we had every-
thing in place.
Mr. Plummer: Mr. Bailey, what is a development fee?
Mr. Bailey: Well, it all depends. A development fee, there are certain
situations where a developer is entitled to a fee for certain services provid-
ed by the developer - there are fees that are charged from lending institu-
tions; it could be points.
Mr. Plummer: Well, in East Little Havana, I would like to know what a devel-
oper fee of $50,000 is for?
Mr. Bailey: That goes to the developer.
Mr. Plummer: Why?
Mr. Bailey: That is a...
Mr. Plummer: They are a nonprofit organization.
Mr. Bailey: Well, that goes for services rendered, soft costs, and for
expenses incurred as a result of going around, getting the financing together,
architects, and what have you, but that is a normal fee that is charged by -
developers and that's....
154 April 10, 1986
Mr. Plummer: Yes, but we are not talking about the normal. We are talking
about a nonprofit providing housing for the needy. Now, I am very much
opposed to paying the East Little Havana Community Development Corporation a
fee, I think that is out of line. This is the first time I have seen it, but
I just...
Mr. Carollo: What is this now, J.L.?
Mr. Plummer: this thing here shows a development fee of $50,000, and I think
it is out of line.
Mr. Carollo: For who?
Mr. Plummer: For the developer - East Little Havana Community Development
Corporation. It is a nonprofit corporation.
Mr. Carollo: S50,000?
Mr. Plummer: Unless I am reading it wrong!
Mr. Bailey: Are you reading the schedule, Commissioner?
Mr. Carollo: Is that correct?
Mr. Bailey: Are you reading the schedule...
Mr. Plummer: I am on this page, Mr. Bailey.
Mr. Bailey: Right, OK, that is what I am looking for.
Mr. Carollo: Is this for the developer, or for the...
Mr. Bailey: It is a developer fee. That is... is that S50,000 or $150,000?
Mr. Plummer: No, I am looking at...
Mr. Carollo: When you say developer. Is this going to be for the...
Mr. Bailey: It is a development fee, yes. That goes to the...
Mr. Carollo:... company that is going to construct this, or...?
Mr. Bailey: It is for the entity that will manage the development, and
managing it means bring in the financing, getting...
Mr. Plummer: No, no. Excuse me, Mr. Bailey, there is another line item here
for developer supervision D and P, and that is $245,000. Plus, I have a
question - Miscellaneous and Contingency, without any breakdown, of $340,000,
and I would like to know if it is still the policy, that the $333,000 interest
is coming to the City.
Mr. Odio: That was what.....
Mr. Plummer: Well, but, they are showing it here as a cost item!
Mrs. Kennedy: That is a very valid concern. What is miscellaneous?
Mr. Odio: No, because when you did pass it, the interest was supposed to come
to the City.
Mr. Plummer: Exactly.
Mr. Carollo: Well, I can't wait until we get into that phase with Watson
Island. It is going to be lovely.
Mr. Manny Rivero: I am Manny Rivero with the East Little Havana C.D.C.
Mr. Carollo: Yes, poor Maurice.
Mr. Rivero: The $50,000 is the administrative portion for us, the development
work that the C.D.C. is doing for the next two years. It doesn't go to the
developer. It goes to the organization itself.
155 April 10, 19$6
i
40
Mr. Plummer; Well, why, you are a non profit corporation. What are you doing
that needs $50,000?
Mr. Rivero: At this time? Well, we were looking at the interest amount of
money in the Swire money to fund the organization, and to provide some admin-
istrative costs.
Mr. Plummer: That is not the whole trust. The trust was to provide housing
for the needy.
Mr. Rivero: Right. The job that I...
Mr. Plummer: And I want to know about the miscellaneous and contingency. I
want to know about the development supervision. You are talking about
$1,000,000 that is not going into the housing!
Mr. Rivero: The development fee is basically to cover the function that the
C.D.C. is doing as a developer. Basically, getting all of the paperwork,
proposals into the foundation, the work with the bank, all the leg work that
the C.D.C. is doing in its development process, just like the private
developer is doing in his end.
Mr. Plummer: You get that back out of the rentals.
Mayor Suarez: You also really should consider..... you shouldn't get that
from the foundation. You should come to us for construction disbursement.
That means construction costs.
Mr. Plummer: Which is absolutely to me, is out of line.
Mayor Suarez: Not soft costs of any sort, really.
Mr. Plummer: Now, let me go look at the other one.
Mr. Carollo: Who are going to be the firms that are going to do the
construction for you. Do you have someone who is going to construct, already?
Mr. Rivero: We have a developer on board, with me here now. We don't have a
construction firm. We first got the developer on board, and then our next...
Mr. Carollo: Who is the developer?
Mr. Rivero: Design Management Investments.
Mr. Plummer: Are they local?
Mr. Rivero: Yes.
Mr. Carollo: What happened to the people you had to do the construction for
you?
Mr. Rivero: We are still working with them.
Mr. Carollo: Mr. Pena and Pelaez.
Mr. Rivero: We are still working with them in the construction of the
project, but we have a developer on board who is going to be doing the
supervision, the overall experience of the project.
Mr. Carollo: They are still doing the construction for you.
Mr. Rivero: We are talking to them as well as other contractors. We are
still on the design phase of the project.
Mr. Carollo: That is not what I understood from the beginning, as you all
have stated privately, that you had them aboard to do the doing construction
already. Isn't that so?
Mr. Rivero: Wells we don't have any...
it
156 April 10, 1�86
Mr. Carollo: At least, that is what they were telling the whole world, they
had a contract with you, even before you came up here for the approval, isn't
that right?
Mr. Rivero: We don't have a contract with them.
Mr. Carollo: That is interesting. Oh, well.
Mr. Plummer: OK, if we go to the Tacolcy, Tacolcy has nothing in there for a
development fee. They do have administrative expenses, which is $5,000,
which I feel is reasonable. Otis, I don't see the interest money in here at
all, which is supposed to come to the City.
Mr. Otis Pitts: Mr. Plummer, the escrow agent has been instructed to turn
over the interest to the City. It is not reflected in our budget, because we
are not going to deal with that. The $320,000 in the draw, is shown not
coming into the project until the project is completed, I think, in probably
both. I am sure in ours, and I believe also in East Little Havana. So,
$320,000 would not come into the project until it's 60/40 for both projects,
and we are showing it in ours, and they are showing it in theirs, but the
escrow agent for the funds that are now deposited will turn over the interest
to the City of Miami.
Mr. Plummer: What happens to the contingency fund if it is not used?
Mr. Pitts: If the contingency fund is not used?
Mr. Plummer: Yes.
Mr. Pitts: Well, it becomes a matter of where it comes from, because...
Mr. Plummer: Well, it is coming out of this money here, it is coming out of
the $5,563,000.
Mr. Pitts: There is a considerable portion of this money is going to be
borrowed by each of the organizations, so those monies, I mean, there is
interest having to be paid for, so here again, there is some savings realized.
Mr. Plummer: Well, I guess really my question - were both of the projects are
within $50,000 of each other, OK? They have got $340,000 in contingency,
where you have got $133,000. They have got $50,000 in the developer's fee,
the fee paid to them, and you have got at best, $5,000. I think these numbers
definitely need massaging.
Mayor Suarez: There should be consistency between the two, unless there is a
reason for the difference, because of the different areas, or whatever, and
Herb, I suggest that we pretty much follow... I think this was the idea of
this Commission, typical bank construction disbursement schedules, and
disallow anything that is not typical of a transaction like this.
Mr. Bailey: That is correct, Mr. Mayor. As I indicated previously...
Mayor Suarez: You would like to come back with this anyhow, so...
Mr. Bailey: They would have to because there are conditions that perhaps be
imposed by the other lenders that will completely destroy whatever projection
they have given this NASA projection.
Mr. Plummer: Well, I would like to see you massage these numbers and bring
them back at the next meeting.
Mr. Bailey: Will do.
Mayor Suarez: How is the financial package for each of the two C.D.C.'s
doing? Are we pretty complete being able to do this project, in each case?
Mr. Pitts: Yes, but I think also in reading the information provided by the
Manager, one of the concerns that the members, of course, have in the project,
is how the dollars will be allowed to flow. Basically, it is...
Mayor Suarez: I just want to know if the entire package looks good, if you
have got the money that you need to build.
157 April 10, 1986
Mr. Pitts: Yes, but I want to add one point, Mr. Mayor. That is, that, based
upon how the money is flowing to the project, it's important for the lenders
to understand, it will be able to flow at least in terms, basically in the
scheme that has been proposed, but this scheme does reflect your last request
that the interest be held out and come to the City, and this $320,000 is not
coming to the project until 20 percent.
Mr. Plummer: No, it is definitely coming to the City.
Mr. Pitts: Well, beyond that, the package is coming together quite well.
Mr. Plummer: When you going to open the front door?
Mr. Pitts: Well, your money, and if you will, those Swiremonies, whichever
it is critical in this in terms of understanding that we have the flexibility
to put it in the project as it is coming in. We are hoping to start July 1 as
we indicated. That of course, is really critical in terms of the City
finalizing... you finalizing your deliberations on this to approve this. I
think this is as much as Mr. Bailey indicated. You could firm that up in
terms of the lenders, but pretty much, this kind of projection is a typical
projection at this point in the process.
Mr. Plummer; Well, I think some of those things need to come out.
Mr. Bailey: Commissioner, we would like to come back with this on May 8th.
Mr. Plummer: That is fine.
Mr. Bailey: We need a little more time than the next Commission meeting.
Mr. Plummer: But, no money is given out until then.
Mr. Bailey: Yes.
Mr. Plummer: That is fine.
Mrs. Dougherty: Could I have an approval of a motion which would extend the
period of time until May 8th?
Mr. Plummer: So moved.
Mrs. Kennedy: Second.
Mrs. Dougherty: It is an amendment to a resolution you passed last week.
Mayor Suarez: So moved and seconded. Any further discussion? Hearing none,
please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-285
A RESOLUTION EXTENDING TO MAY 8, 1986 THE 15 DAY TIME
LIMITATION IMPOSED BY RESOLUTION NO. 86-169, ADOPTED
FEBRUARY 17, 1986, FOR THE APPROVAL BY THE CITY COMMISSION
OF A CONSTRUCTION DISBURSEMENT SCHEDULE OF FUNDS
EARMARKED FOR CONSTRUCTION OF MODERATE -AFFORDABLE HOUSING
UNITS OFF CLAUGHTON ISLAND AT THE SHELL CITY AND EAST
LITTLE HAVANA SITES.
(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-
158 April. 10, 1966
I -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
NOTE FOR THE RECORD: AGENDA ITEN 64 WAS RESCHEDULED FOR APRIL 22, 1986.
58. FIRST READING ORDINANCE: CREATE NEW DEPT.: 'HOUSING, CONSERVATION AND
DEVELOPMENT AGENCY.'
Mayor Suarez: I think the next item is 69.
Mr. Plummer: Yes, and that is Commissioner Dawkins.
Mr. Dawkins: Mr. Mayor and fellow Commissioners, the need for affordable
housing in the City of Miami is crucial. We have individuals now who cannot
afford a place to live, and the Federal government has made it clear that they
are not going to participate in providing housing, so it is left up to us to
find creative ways in which to do it, so I have come up and... where is
Commissioner Carollo, because he has been on this with me. We have been
discussing before - last year, the establishment of a housing agency, similar
to the Dade County H.U.D., and with this, we would be able to do the same
thing in the City of Miami that H.U.D. does in Dade County, and in no way, Mr.
Mayor, fellow Commissioners, am I saying that we should get into public
housing. Public housing is H.U.D. What I am interested in producing is low,
moderate, and middle income housing. Housing in the range, Mr. Mayor, of
$50,000, that people can afford. The only way I feel that we can do this is
with this housing agency. and I would like for Mr. Gereaux to tell us how the
agency would function, and how the City of Miami would benefit from this.
Mayor Suarez: Jerry, you eight answer the question, because my only concern
about it is, we need a separate agency, as opposed to a department which acts
as an agency with them, for example, Community Development.
Mr. Dawkins: Mr. Mayor, and the State and the Federal government has said
that you have to have an agency in order to accept federal funds.
Mayor Suarez: That is the question I need answered, to be absolutely sure,
because, you know, we have been doing our best to consolidate and to
streamline and all of a sudden to create a separate agency when we could do
the same thing... my understanding is, we could do the same thing within a
department already existing, in this case, Community Development.
Mr. Jerry Gereaux: We have asked that question to the Federal government, and
this has to do with our ability to get Section 8 housing certificates and
being able to participate in the new housing voucher program# and what they
have said to us is we need to constitute ourselves as something called a local
housing agency in order to get those certificates.
Mayor Suarez: If you are going to want to get my vote on it, I am going to
want that in writing from some Federal agency. I can't imagine that that
could not also be a part of an existing department.
Mr. Gereaux: We do have a letter coming to that effect. That is my,
understanding.
Mr. Dawkinas I move it.
April 10, 1900
Mrs. Kennedy: Well, under discussion.
Mayor Suarez: Moved and seconded. Under discussion.
Mrs. Kennedy: I remember when you and I were campaigning, Mr. Mayor, that we
talked about having too many departments in the City, and I just don't quite
see the point. If we continue this, by the time you run for office again, we
will have eight new departments. By the time I run, we will have sixteen. I
don't think our taxpayers would like that.
Mr. Dawkins: Madam Commissioner.
Mrs. Kennedy: Yes?
Mr. Dawkins: The only way this will function according to what we have got
from H.U.D. in Washington, is you have to have an agency with which the
Federal government can give the money, the same as H.U.D. We are not creating
anything that is going to cost any more money. We are not creating anything
that is going to stop the Manager from saving tax dollars. This is up to the
rest of the Commissioners, but if you do not have an agency, you explain that
to them, what they told us, Mr. Gereaux, because you can do it better than me.
Mr. Gereaux: OK, basically, this goes back to a meeting we had with one of
the assistant secretaries of H.U.D. that occurred about a month ago when we
had a meeting to discuss the severity of the housing needs of Miami, and we
were informed at the time, was in order to qualify for Federal assistance for
the City, which is now going to Metropolitan Dade County for distribution back
to the City, while at the same time, the City does have a housing function, is
that we would have to be designated by the Federal government as a local
housing agency, and that whole questions involves who is going to be
administering the City's Section 8 subsidy vouchers, Dade County, or the City
of Miami.
Mayor Suarez: You indicated that that has to be somehow not under another
existing department in order to be able to satisfy the legal requirements?
Mr. Gereaux: That remains somewhat unclear. I am repeating to you...
Mayor Suarez: Madam City Attorney, I am going to ask for a legal opinion on
that question. I cannot vote on this item, and I don't really believe this
Commission can either, until we know for sure that the only way to effectuate
what we all would like to do, which is to have our own housing powers for
Section eight certificates and so on, can only be done by establishing an
agency separate from an existing department. That is the legal opinion that I
like, and if we don't need to do it that way, and in other respects, I mean it
is a great concept. I, myself, campaigned on it and I think City can compete
with the County. We are already doing it with our own programs, actually, but
we can compete for Federal funds too, and no reason to let the County do it
all, but you know, we have this bureaucracy to deal with too, Jerry, and that
is the reason I would not be able to vote on this, and I am not sure that
under the Charter if we request a legal opinion on some thing like that, that
we should vote on it. Madam City Attorney?
Mrs. Dougherty: I will be prepared to answer your question on the next
agenda.
Mrs. Kennedy: OK, I move to defer it until April 22nd.
Mr. Plummer: Well, I... and I shouldn't be pleading his cause. I think
though, your point is, whether or not a separate agency has to be created.
That is your problem.
Mayor Suarez: Yes, that it could not be under an existing department.
Mr. Plummer: It is not. It is not whether we should have the agency...
Mayor Suarez: That is exactly right.
Mr. Plummer: And I think what we ought to vote upon today is, the creation
and, you know, that we are going to have a housing authority, and then answer
the question at the next meeting. If it has to be a separate agency, then so
be it. If it doesn't then we do it under a normal situation.
160 April 10, 1986
Mayor Suarez: That is fine if you want to take it in two parts. I have
absolutely no problem with the concept of a housing agency, and I just want
to know if it can be placed under an existing department without having to
create a separate entity. We get into...
Mr. Plummer: Just delete out of the resolution that relating to the
department. We will settle that question after we have an answer.
Mayor Suarez: That is fine with me if you want to make it into the form of a
motion.
Mr. Plummer: Well, I am not going to supersede my friend.
Mayor Suarez: Well, Commissioner Dawkins has a motion, so...
Mr. Carollo: Can I make a statement?
Mayor Suarez: Commissioner.
Mr. Carollo: I'd like to read something.
"A motion authorizing and directing the City Attorney to institute a
legal study to determine whether the Federal guidelines regarding place
of housing as interpreted by the Director of Dade County H.U.D. are in
fact legally binding, or whether there are exceptions such as the
Commission's desire to give priority in H.U.D.'s projects to residents of
the City of Miami."
Another motion -
"Authorizing and directing the City Attorney to study the possibility of
the reestablishing of an agency of H.U.D. of the City of Miami; in other
words, our own housing agency, and requesting the City Attorney to
establish the legality of such reestablishment in written communication
with Washington, D.C., and Metropolitan Dade County."
These, gentlemen, were motions I passed and were passed unanimously on June
15, 1983, quite a few years ago. Who was City Attorney at the time?
Mrs. Kennedy: What month was it in 1983?
Mr. Carollo: Well, we never heard from the gentlemen. I guess he forgot about
this, or he was too busy running for office, or wanting to run for office, but
we never got a response. This was dropped.
Mrs. Dougherty: I prepared a response...
Mr. Carollo: "No masl"
Mrs. Dougherty:...for you in connection with that question.
Mr. Carollo: Yes, we discussed it. I am not jumping at you, Lucia. We
discussed it another time, and you did give me a response, you are quite
correct. I was saying at the time, in 1983, the City Attorney at the time...
didn't do anything with this, that's what I am saying.
Mr. Gereaux: Mr. Commissioner, if I may interrupt, at the February 13th
meeting, the concept of approving a separate department to handle the housing
problems of the City was approved in principle by the Commission, as you know,
and part of that resolution that was passed by the Commission called for the
City Attorney to investigate the feasibility and the legality of establishing
a separate agency, and it also called for us to come back with a work
program, and I know the ordinance has been prepared. The City Attorney has
investigated it. At the same time, we also wrote a letter to the Federal
government, asking to be designated as a local housing agency for the purpose
of receiving, although they are limited, present Federal subsidies for the
development of low and moderate income housing, as well as authorities
offering Section 8 programming, and that legislation has been prepared.
Mr. Carollo: When was this done?
161 April 10, 1986
Ak a,
Mr. Gereaux: February 13th, the Commission unanimously approved the creation
of the agency in principle.
Mayor Suarez: I don't think we
agency that would be able to
certificates and so on. I think w
could leave as a separate question
be under an existing department.
(INAUDIBLE BACKGROUND COMMENTS)
have any problem with the creation of the
obtain Federal funds such as Section 8
e have a unanimous consensus on that. If we
Commissioner Dawkins, whether it could not
I would be prepared to vote in favor of it.
Mayor Suarez: So, a friendly amendment, or unfriendly amendment is not
accepted, so we have a motion that it be created as a separate agency under a
whole different department, I guess, and I'd like to ask the City Manager if
we have any idea how much that will cost the City.
Mr. Odio: I hove been told by Herb Bailey that it will not cost General Fund
money at all, and if that is the case, I want him to say it on the record,
because he told me that it would not cost the City any money.
Mr. Bailey: Mr. Manager and Mr. Mayor, as we indicated in the packet that was
originally on the agenda, that would have been the first reading on an
ordinance establishing an agency. We attached a budget, and we also attached
with that budget the source and application of those funds, and under that
budget that we presented, there would be no General Fund monies needed for the
operating of agencies. There are any number of funds that have been
fragmented and used through our existing housing activities which are now in
the process of being returned to the City. We also have involved in that the
use of tax increment revenue bonds and the monies that will be forthcoming
from the Department of Housing and Urban Development for moderate rehab, for
the management of the Section 8 vouchers, and in there we have, and I can
just quickly read to you the amounts of money that we will be getting. All
non -general funds money run to about $2,900,000, and the cost to run the
agency would be S2,800,000,all of which comes from other sources other than
the General Fund.
Mayor Suarez: Who would be the staff of this agency?
Mr. Bailey: The staff would probably be .... One question I would like to
respond to. We already have a housing activity, and we have within that
housing activity, staff. The staff of that housing activity will be
transferred to this agency. There will be no new staff.
Mr. Plummer: Actually, you will be saving money.
Mr. Bailey: We will be saving money. We will be doing other things and the
ordinance that we have asked to be passed, there is also an income producing
activity in there that will pay for other types of services, that we need to
support a housing activity, so we will be saving a tremendous amount of
money. We will organize the function, and I think that is what we will try to
do here, organize it in such a way that we can respond to the needs of the
residents of the City of Miami and provide low and moderate income housing so
that we can address the needs of this Commission and the residents.
Mayor Suarez: Like I said, I very much in favor of a housing agency. I would
be disposed to vote in favor of that, but I would also like to answered
whether it can be placed under an existing department. Until I get an answer
to that question, I frankly don't think I should rush into this vote, and I
would vote against it, but I don't want it to be interpreted in any way to
mean that I don't want that housing agency, because I would like to see us
more and more into this component. I have always expressed that.
Mr. Gereaux: As I said before, Mr. Mayor, in a meeting that 'we held with
H.U.D. after that (PART OF STATEMENT UNINTELLIGIBLE) we were asked about how
we qualified for obtaining the housing voucher program, and how we could
qualify and be designated as an agency by H.U.D., and I believe the answer,
and I think Commissioner Dawkins will support me on this, from the Assistant
Secretary of H.U.D., what you would have to do is form an agency and then you
would have to apply for Federal designation in anticipation of that. I am
happy to say that we did apply for the designation, and I understand verbally
from the Law Department that a letter is coming to the City, qualifying us to
constitute an agency and then apply for the Federal assistance.
162 April 10, 1986
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Mayor Suarez: Without a new department being created.
Mr. Gereaux: Well, again, that is...
Mayor Suarez: So you have beat yourself to the punch.
Mr. Bailey: No, that is not the case.
Mr. Odio: No, sir, we help each other.
Mr. Bailey: We've got a response from the Department of Housing and Urban
Development, asking certain questions from our City Attorney. We responded
to that letter on April 3rd, all of the communications that I have seen,
including the letter that was written as far back as 1980, indicated that the
only way in which we can enjoy the rewards of receiving monies for moderate
rehab, and the kinds of money they get at Dade County H.U.D., is that we have
to have an agency, and the City Attorney has indicated in her letter to the
Department of Housing and Urban Development that we are qualified as a
municipality to have such an agency.
Mr. Odio: Mayor Suarez, may I say this...
Mayor Suarez: Surely, the point that Mr. Clark made.....
Mr. Dawkins: If we don't have an agency. What is the difference, then, why
should the Federal government give the money to us instead of to Dade County
H.U.D.?
Mr. Bailey: We won't get it. We won't get it.
Mr. Dawkins: The Dade County H.U.D. would still get the money because they
are the agency.
Mayor Suarez: No.
Mr. Bailey: We do not have a recognized agency, or the City of Miami has not
been recognized as an agency for receiving those funds.
Mayor Suarez: What the Assistant City Attorney has just told me is a clar-
ification that the department is the agency in that, situation, and that to me
would be the preferable way of going. Now, you know, the department would,
itself, be the agency. We have done that in other situations here in the
City, to be able to be the recipient of Federal funds, or for whatever
purposes, and that would be my preferred way of going, but I...
Mr. Odio: Mr. Mayor, your concern is that...
Mrs. Dougherty: When I said...
Mayor Suarez: That would be one way of doing it. Yes, but there are other ways
of doing it.
Mrs. Dougherty: What I am saying though, is that it is a separate agency.
It is a department. It is a separate department of the City, called The
Housing Agency.
Mr. Odio: When you say department, I get nervous. It is an agency that will
be self -funded by grants, will not receive any monies from the City of Miami
General Fund budget, and as long as it is that way, Mr. Mayor, you can support
it. It is not a creation of bureaucracy all over again.
Mayor Suarez: I have no problem with the concept of the department being the
agency itself. It is rather like I would like to do some days with the Off -
Street Parking Authority - have the Off -Street Parking Authority continue, but
be part of one of our departments, or be one of our departments.
Mrs. Kennedy: My worry was that it would be another new department, and that
it would cost the taxpayers money. You assure me that it won't?
Mr. Odio: The staff has assured me that the minute they come and ask for
general fund monies, that will be the end. I will come back to you and cancel
the whole thing.
163 April 10, 1986
Ll
Mrs Kennedy: Ok.
Mr. Plummer: Call the roll.
Mayor Suarez: We have a motion and a second. Please call the roll. Any
further discussion from the Commission? Hearing none, please call the roll.
(THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD, BY TITLE
ONLY)
Mayor Suarez: Madam City Attorney, clarification, that it creates a new
department. That would be a new department, not that nominee in the Community
Development Department?
Mrs. Dougherty: That is correct.
Mayor Suarez: So again, it goes counter to what I understood, so I must vote
"no" on that. Please call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE CREATING A NEW DEPARTMENT TO BE KNOWN AS
THE HOUSING, CONSERVATION AND DEVELOPMENT AGENCY;
PRESCRIBING RESPONSIBILITIES, FUNCTIONS AND DUTIES OF
THE NEWLY CREATED DEPARTMENT; FURTHER PROVIDING FOR
THE TRANSFER OF FUNDS, PERSONNEL, RECORDS AND
EQUIPMENT CURRENTLY BUDGETED IN THE BUDGET OF THE COM-
MUNITY DEVELOPMENT DEPARTMENT FOR THE HOUSING
DIVISION; REPEALING IN ITS ENTIRETY PARAGRAPH 5 OF
SECTION 2-178 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commission
Plummer and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo•
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
NOES: Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: You just read, Madam City Attorney, clarification that
creates a new department. That would be a new department, that not being t
Community Development Department.
Mrs. Dougherty: That's correct.
Mayor Suarez: So, again, it goes counter to what I understood, so I must vo
no on that. Please call the roll.
ON ROLL CALL:
*Mr. Carollo: Being consistent with my request of 1983, I would have to vo
"yes".
The City Attorney read the ordinance into the public record a
announced that copies were available to the members of the City Commission a
to the public.
Mr. Plummer: Wait a minute now. All of these agencies have a board. Who
going to be on this board?
Mr. Gereaux: At the second reading of the ordinance, we are going to '
coming back to you with recommendations for constituting an advisory boar,
which will be an advisory board to the City Commission on City houst
strategy and City housing policy. The resolution calls for the board to
comprised of people, the people that are actually building housing in t!
164 April 10, 191
40 0
community and not building housing in the community for a number of reasons, a
representative of the local lending institutions, a real estate attorney, an
architect, and a couple of citizens at large, users of the product, and...
Mr. Plummer: OK, you have got to bring that back.
Mr. Gereaux:... that will come back as a companion resolution at the second
reading.
Mayor Suarez: Thank you, Jerry.
59. URGE FLORIDA LEGISLATURE TO ADOPT CRITERIA FOR DOWNTOWN DEVELOPMENT
AUTHORITIES AS INDEPENDENT SPECIAL DISTRICTS.
Mayor Suarez: Item 70, City's legislative priorities. Pauline?
Ms. Pauline Winnick: Mr. Mayor and members of the Commission, I don't know
how you want to handle it. You have got a distribution of an expository
numbering one through seven with today's date on it, and what we need from you
is the sense of what the Commission wants us to pursue.
Mayor Suarez: I would like to reverse the ordering and make the exhibit hall
be one of the higher priorities.
Ms. Winnick: I just did that to give it a little change, in the original memo
it was. I just need to get a sense of what you want us to do. Do you want to
do it item by item, Mr. Mayor? Do you want to lead the Commission through it?
Mr. Plummer: Well, let me tell you what we have done in the past. Each
Commissioner has given, as I recall, five items, designating one of the items
as their top priority. That were the instructions to the legislative
lobbyists, and then they would work on the others, and I would say that that
policy worked good in the past and I don't know why you would want to change
it now.
Mayor Suarez: It is not a bad idea, because a lot of these are things that
you also want. Just don't want the lobbyists to spend too much time on it,
they just don't seem to be as important as some of the others.
Ms. Winick: I'd be very happy to do it that way if that is the will of the
Commission. Yes, I know your's...
Mayor Suarez: Which is that, would you say it for the record?
Ms. Winick: Commissioner Plummer in particular wants us to see if we can get
exempt from he 5% sales tax, the City of Miami's Public Works.
Mr. Plummer: Any construction, Mr. Mayor, we presently, as a City, on any
City structures or any City construction are having to pay sales tax which I
think is absolutely ludicrous. The other program that I gave her is a program
that says that in the future, any State mandated program upon a municipality
or our particular municipality, that if they do mandate it that they either
provide the funds or give us a source of revenue to provide the funds.
Mayor Suarez: Such as the Comprehensive Neighborhood Master Plan.
Mr. Plummer: That's fine, you know, any of those programs, if they mandate
they've got to give us either the funds or the way to get them. I, of course,
have always supported the concept on the D.D.A. to get the D.D.A. back out
from under the 10 mill cap; the development of the Exhibition Center in my
estimation is a very very good thing that we need very badly in this
community. and I really, I don't want to take up too much more time.
Ms. Winick: The only thing I would ask in particular on, the espository sheet
on Item 4, there is a bill in the legislature now which would mandate in
municipal elections single member districts. So, if I can get your input, but
also tell you things that I think we need to be watching that would be fine.
165 April 10, 1986
f
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Mayor Suarez: When you say municipal elections, would that apply to the
County?
Ms. Winick: The City and the County, yes.
Mayor Suarez: I'd love to have the County have single member district
elections.
Ms. Winick: I don't know if it is going to go anywhere. I just wanted the
sense of the Commission, for it, against it, but I'll get that from you as we
proceed. OK, thank you.
Mayor Suarez: I don't think this Commission is prepared today to make a
recommendation as to whether the City of Miami Elections should be single
member districts, are we?
Mr. Plummer: No.
Ms. Winick: But I didn't want to either.
Mr. Plummer: What is this here? I've been asked to present a resolution
urging the Florida Legislature to adopt the attached amendment to Section
200.001 of Florida Statute which amendment sets forth the criteria for certain
Downtown Development Authorities will be determined that eligibility of said
authorities to be considered as independent special districts - I so move.
Mr. Carollo: Second.
Mayor Suarez: Moved and seconded. Any further discussion from the
Commission? Hearing none, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-286
A RESOLUTION URGING THE FLORIDA LEGISLATURE TO ADOPT THE
ATTACHED AMENDMENT TO SECTION 200.001, FLORIDA STATUTE,
WHICH AMENDMENT SETS FORTH THE CRITERIA FOR CERTAIN
DOWNTOWN DEVELOPMENT AUTHORITIES THAT WILL DETERMINE THE
ELIGIBILITY OF SAID AUTHORITIES TO BE CONSIDERED AS
INDEPENDENT SPECIAL DISTRICTS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES:
ABSENT:
None.
Vice -Mayor Miller J. Dawkins
166 April 10s 1906
4
60. DISCUSSION REGARDING AFFIRMATIVE ACTION ANNUAL REPORT.
Mayor Suarez: Item 71, Affirmative Action Annual Report. Dr. Daniels.
Ms. Hattie Daniels: City Commissioners and City Manager, it has been
customary to present an annual report to the Commission on the status of
Affirmative Action and the Affirmative Action Plan, and I believe that you
have a coy of the June 30, 1985 report. If it is your desire, I can make a
presentation as to where we stand or, if you have specific questions I can
answer them.
Mayor Suarez: I'll take mine in writing, I think you've already submitted it
in writing, so I've got no specific questions at this point. Commissioner?
Mrs. Kennedy: Let me just address something here that I'm reading. It says,
"A significant gap remains between the percentage of women and Hispanics
employed in City government and their availability in the work force. The
salary disparity between Anglo men and minorities, and between men and women
is substantial, and notably in the upper income brackets. I know that you
inherited this, Mr. Manager, but I hope that you can do better in the future.
Mr. Odio: The departments have been notified in writing yesterday that we
very well intend to have affirmative action and that we are in the process of
asking them what action plans they are going to have to remedy the situation.
Mr. Plummer: Let me ask you a question. I read in the paper this morning,
what is the work force or the make up of this community of the endangered
species, the white Anglos?
Mr. Odio: There are still a few around, about 302.
Ms. Daniels: Nineteen percent Anglo males and females.
Mr. Plummer: All right, yet I find that there is only about 12% of the City
work force, is that correct?
Ms. Daniels: No, that's not correct, 36% of the City's work force would be
Anglo males and females.
Mr. Plummer: Then the article in the paper was wrong.
Ms. Daniels: Correct, if that's what it said that is incorrect. Right now we
have for each group it is just about one third, 362 for Anglo, 33% Hispanic
and 302 black.
Mr. Plummer: OK.
Mayor Suarez: Thank you, Dr. Daniels. Any other questions from the
Commission on Item 717 Hearing none, go on to item 72.
61. BID ACCEPTANCE — COBIA BOAT CO. FOR TWO PATROL VESSELS FOR MARINE PATROL.
Mayor Suarez: Item 72, purchase of two marine patrol boats.
Mr. Odio: Yes, we wanted to hear the specifications...
Mr. Plummer: Where are the specs?
Mr. Odio: It is in your packet. I'll give it to you.
Mayor Suarez: Got to specify that he can't wear that hat when he is on the
boat.
167 April 10, 1986
Mr. Carollo: All I can say is it is about time we get these two boats and put
them out in operation. Chief that's enough, I'll make the motion to approve
it.
Mrs. Kennedy: I'll second.
Mayor Suarez: You've been very eloquent today, Chief.
Mr. Plummer: May I read this over, please?
Mr. Dawkins: You're the one who wanted the two boats, why do you have to read
it?
Mr. Carollo: Plummer, I've been waiting over three or four years for these
boats, the first time I made the motion so that the three of us who were here
back then would approve two boats, somebody took half the money to use it
somewhere else and never told us about it, and it was done illegally because
they had no right to do that. The last time we approved moneys for two more
boats - we've been waiting and sitting on this for I think close to a year
now.
Mr. Odio: Well, Commissioner, what we're asking you to do is precisely award
today the bid to the company that made an award back in July of 1985, they are
willing to stay with their price from last year for this year.
Mr. Plummer: How much is it?
Chief Dickson: $44,000 a piece.
Mr. Carollo: These boats will more than pay for themselves in the first year
and give us a profit.
Mr. Odio: They're coming out of the Law Enforcement Trust Fund which is
complicated moneys.
Chief Dickson: Yes.
Mr. Carollo: In fact, what I'm hoping for is that after they're in service in
the first year, they'll bring in enough loot from the bad guys out there so
we'll get two more.
Chief Dickson: The first year -and -a -half the boats brought in $139,000, just
to give you an example.
Mr. Odio: In Coke?
Mr. Carollo: $139,000, was that all in cash?
Chief Dickson: Cash, yes, sir.
Mr. Carollo: Ig that including the other boats that were confiscated, the
narcotics?
Chief Dickson: Yes. those were boats confiscated and were sold by the City
and some cash that wese taken from narcotics operations.
Mr. Plummer: Whit is the above the cost of the boat, to put the boat in
operation, we know the cost of the -boat is $44,000. What does it cost beyond
that to outfit the boat and to put it into the water for operation?
UNIDENTIFIED SPEAKER: That's the total cost to do that, Commissioner.
Mr. Plummer: That includes the air conditioning?
Mr. Odio: Air conditioning?
Mr. Plummer: No, that's there, that's part of it, that's what I'm asking.
I'm reading from this thing here, it says air conditioning.
Mr. Dawkins: The only way I will approve this is if J. L. Plummer does not
ride in them for nothing. This will be one police vehicle J. L. Plummer is
barred from.
168 April 10, 1986
Mr. Plummer: Oh, get off it.
Mr. Carollo: You know what is the matter with Plummer, see, he can't get a
little boat out there yet, to have a little light and chase you guys.
Mayor Suarez: Dr. Vega, you wanted to be heard on this item? Why don't you
approach the mike and tell us very briefly that you're in favor of it.
Dr. Enrique Vega: My name is Enrique Vega, president of the United Tenants
Council, and praising the Commission for the good it has done for us in our
four buildings. Thanks to your measures, the Chief of Police and the officers
that he had with him, we have, through the marine patrol, that I hardly had
heard of before, two men arrested and one woman just in the parking lot of the
800 Building, and thanks to this cop program that the Chief put into effect
about a month ago, last Friday, it was found a cache of drugs - cocaine and
marijuana in one of the places, I cannot disclose which one. They are trying
to find the person, and now they know who he is and also, there is a woman
living in Robert King High Building whose daughter drives a car, I cannot
describe the car, and she is married to the biggest dealer in cocaine in the
south part of Florida. So, thanks to the Commission, thanks to the Chief
Police and Major Martinez, and all the men that have done so good for us 1500
people. I really think that you deserve a big hand.
Mayor Suarez: Let the record reflect that Dr. Vega agrees with the
specifications for the boats.
Mr. Plummer: How much are the pick up trucks? There are two pick up trucks
in here.
UNIDENTIFIED SPEAKER: Pick ups are not included as part of this package.
Mr. Plummer: I understand, that's why I asked my question before. Sir, read
your own material.
Chief Dickson: Mr. Plummer, these were in the budget a couple of years ago
already approved.
Mr. Plummer: Still my question, Chief, how much beyond the $44,000 are we
going to spend to completely outfit and make these things operational?
Chief Dickson: $16,400 approximately.
Mr. Plummer: That's beyond the $44,000?
Chief Dickson: Beyond the $88,000 for the two boats.
Mr. Carollo: I call the question on my motion.
Mr. Odio: It is $104,000.
Mayor Suarez: We're getting additional clarifications.
Mr. Plummer: No, I'm finished.
Mayor Suarez: Do we have a motion yet.
Ms. Hirai: Yes, sir, we do.
Mayor Suarez: We have a motion and a second, any further discussion from the
Commission? Hearing none, please call the roll.
169 April 10, 1986
a
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-287
A RESOLUTION ACCEPTING THE BID OF COBIA BOAT CO. FOR
FURNISHING TWO (2) PATROL VESSELS, OUTBOARD MOTORS,
TRAILERS AND MISCELLANEOUS EQUIPMENT TO THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION AT TOTAL PROPOSED
COST OF $88,007.00, ALLOCATING FUNDS THEREFOR FROM THE
1984-85 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
ON ROLL CALL
Mr. Carollo: While voting yes, when you give the first rides out I'd like for
you to remember who gave you the hard time and who didn't. _
Mr. Dawkins: And push him over the side.
Mr. Carollo: And who wanted the air conditioning and who didn't.
Mr. Dawkins: And throw in the anchor and tell him, "Grab it."
Mr. Plummer: I still say any boat with any outriggers isn't worth a damn, but
I'll vote yes.
Mayor Suarez: Thank you, Chief.
Chief Dickson: Thank you.
62. REAFFIRM SETTING A CEILING OF FIVE MILLION DOLLARS TOTAL COST FOR EACH OF
TWO PROPOSED POLICE SUBSTATIONS.
Mayor Suarez: Item 73.
Mr. Odiot Substations. We're going to be presenting the schematics of the
four substations.
Mr. Dawkins: I'll have Tibor Hollo build you a refueling station in the
middle of the bay like he did down there around the Omni.
Mr. Plummer: Mr. Mayor, I asked that item 73 be put on the agenda. It didn't
relate just to the substation in Little Havana, it related to the substations
in general. I think maybe most all of you will be as surprised as I was to
find out, to what I think is the extent ... Commissioner Dawkins has said all
the way along, that we're killing these things. When you find that in these
proposals with absolute directions from this Commission, it made it absolutely
clear that this was the money that we had to work with, this is what you shall
do for it and don't come back here asking us for more money. I think you
170 April 10, 1986
might be surprised to find in each one of the substations they're putting in
lockers, they're putting in gymnasiums, they're putting in horse stables as
such, a hitching post I guess is what it is called, and they have, without a
doubt, so many things that are built into these substations that I guarantee
you that the way it is presently proposed is absolutely going to destroy the
good concept that this Commission has tried to create. They went, for some
reason, without Commission approval and without our knowledge, when they
already have on the proposal at the substation in Little Havana, 80 surface
parking spaces - they're increasing that by $2.5 million dollars to build a
garage, so that they can have 250 parking spaces. Now, I tried every way
possible to have some input into what was happening. We have got to, without
question, build a garage in Liberty City because there is no space at all for
surface parking, and that is understandable, and thank God we got the property
for $1.00. Now, for some reason, the decisiveness of this community is now
being created by saying that you are going to cut on the Little Havana
substation in favor of the Liberty City substation, and that is absolutely
false. The $2.5 million dollars that you're paying for property in Little
Havana, is what is having to be paid in Liberty City for the parking. I don't
know where this thing just went off into orbit, but I want to tell you that as
far as I'm concerned, I think if the people who voted for these moneys, they
would be just as shocked as I am to find out what is being included in these
particular parcels. We were not trying to build monuments to individuals, we
were trying to build a practical substation to service the people. And I am
very very much disappointed that that is not, in my estimation, be-4ng the
case. I will let Mr. Gilchrist talk to the issue. I'm not trying to find
fault. What I'm trying to find is a practical and workable solution within
the realm of something that the people of this community can afford.
Mr. Dawkins: Why would we put a gymnasium in a substation that was supposed
to be practical and provide services to the community?
Mr. Gilchrist: I'm hearing two things ...
Mr. Odio: There is no gym, according to the architect.
Mr. Plummer: Well, that was not my understanding the other day. If I'm
wrong, I'm wrong, or the impression was wrong.
Mr. Odio: There is no gym.
Mr. Plummer: Then it has been reduced.
Mr. Odio: No, sir, it was never in there....
Mayor Suarez: The question everyone is asking themselves is how are we goin€
to make the Little Havana Station financially viable in view of the cost of
acquisition unless you reduce the size somehow.
Mr. Dawkins: Why would we build a garage when you have surface parking?
Mr. Plummer: That's the point, you've got 80 surface parking spaces, it is a
offsetting factor. Little Havana does not need a garage because they have 80
surface spaces, and we're paying a little over $2.2 million dollars for the
property. Liberty City needs and must have the parking spaces.
Mayor Suarez: Why can't we use surface parking for the Little Havana station?
Mr. Plummer: Because these people have gone out and done whatever the hell
they wanted to do.
Mayor Suarez: OK, I believe we're about to change the direction that they're
taking unless you can answer that question somehow to our satisfaction, John.
Mr. Gilchrist: I brought this for you to look at the alternatives. The
parking garage that was proposed would be able to park 226 cars, and that was
the program that we were working on with the Police Department.
Mayor Suarez: The danger of all this is that Roger Carlton might overhear
that we're planning to build a parking garage.
Mr. Gilchrist: Commissioner Plummer knows it was my intention to come here
and get guidance again from you...
171 April 10, 1986
11% A
Mr. Plummer: But you've already got drawings. You've gone to drawings. OK?
Mr. Gilchrist: Yes, sir.
Mr. Plummer: Now, if this Commission tells you that this is what we wanted
from the beginning and we hold your feet to the fire, you've got to go back
and redo the drawings.
Mr. Gilchrist: Well, in fact, sir, we would have to just remove the garage
drawings which we have in schematic, we have not done the working drawings on,
but you are correct. I am at fault because I moved forward with the program.
Mr. Odio: They are telling me operational wise you need 226 parking spaces to
have the police station there so if we only have 80 surface parking we need to
find a solution.
Mr. Plummer: Mr. Odio, how many personnel will be working at the substation?
58 — I'll give you the answer. Now you're going to have 58 people working in
that substation.
Mayor Suarez: And not all of them at the same time.
Mr. Plummer: No, that's per shift. They're proposing there will be 232 total
per substation.
Chief Dickson: Yes, sir, I would like to say something about the parking
garage. If we don't have sufficient parking space for the police cars, then
the police officers will have to have their roll calls where they're having it
now and, in fact, it will not produce what is believed the desired results,
and that is that response time, in fact, will not be decreased because the
police cars will be taking off from the station as they are now, instead of
taking off from the site of the substation that is to be built. In other
words it wouldn't change a thing as far our response time is concerned.
Mr. Plummer: Chief, the point that I'm making is is the difference between 80
and 250 spaces.
Mr. Odio: 226.
Mr. Plummer: Now, here again, I think that the problem is where the
misunderstanding comes, is that as proposed in the package that they are ready
to bring to us, the Little Havana substation is $7.5 million dollars. This
Commission, without question, emphatically told everybody 5 each. Now, who in
the hell changed the policy of this Commission?
Chief Dickson: I didn't come up to answer that question, Commissioner.
Mr. Plummer: Well sit down then.
Chief Dickson: From an operational perspective, as it relates to police
services, it would not be feasible for us to have a substation and not have
sufficient space to park the police cars, nor the police officers who are
reporting for duty for roll call at that location. It creates a problem
financial problem for us but it is still an operational problem for us.
Mr. Plummer: You've got 80 surface spaces. OK? You've got 80 surface
spaces.
UNIDENTIFIED SPEAKER: There are 88 cars for just patrol, in other words...
Mr. Plummer: That's total.
UNIDENTIFIED SPEAKER: No, that 88 plus we need 75 cars for the maximum shift,
then plus we need....
Mr. Plummer: You know, you can plus plus yourself right out of business and
that's what you're doing.
UNIDENTIFIED SPEAKER: Well, there is staff and there are police cars. That's
what the count is.
172 April 10, 1986
Mr. Dawkins: It's really going to be staff and police cars because I'm going
to stop all of you from driving my cars home at night. I've asked you for
that report three months ago.
Mr. Odio: You have it, sir.
Mr. Dawkins: All right, I need to know how many of my police cars the
policemen are driving my gas home and I'm paying them to drive my cars home
every night. I need to knew that.
Mr. Plummer: Mr. Mayor, I don't know whether I need to reiterate the policy
of this Commission or what, but to me it was very clear. Nov, if it needs to
be re -spelled out that there will be $5,000,000 spent for each substation, I'm
willing to offer such a motion again. It didn't do, obviously, any good the
first go around.
Mayor Suarez: I have a feeling it will this time, Commissioner, because I
have a feeling this entire Commission will vote for it and make you stick to
it as you design this station.
Mr. Dawkins: That's what we paid him to design, a station within the
$5.000,000.
Mr. Plummer: That included furniture, fixtures and the key to the front door.
Mayor Suarez: Give or take S10 or so.
Mr. Plummer: I didn't say that.
Mr. Gilchrist: It could be 5% under but not 5I over.
Mr. Plummer: I'll buy that.
Mayor Suarez: Do you want to make that in the form of a motion so we can get
this item resolved?
Mr. Plummer: So moved.
Mr. Odio: May I ask a question? If we have any money left over from Liberty
City, could we use it....
Mr. Dawkins: Why should you have when I directed you to spend S5,000,000?
It's just like J. L. is saying, you guys are playing games. You're playing
games.
Mr. Plummer: I'll tell you what, speaking for one. If you have money left
over you come back and talk to us.
Mr. Dawkins: We'll tell you where to put it.
Mr. Odio: Where is that, Commissioner?
Mr. Plummer: You know.
Mayor Suarez: We're going to have a gymnasium here at City Hall with that
extra money. It has been made into the form of a motion. Do we have a
second?
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Please call the roll, hearing no further discussion
from this Commission and not disposed to hearing any.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-288
A MOTION OF THE CITY COMMISSION RESTATING AND
REAFFIRMING PREVIOUSLY PASSED MOTION SETTING A CEILING
OF FIVE MILLION DOLLARS AS TOTAL COST FOR EACH OF THE
TWO PROPOSED POLICE SUBSTATIONS.
173 April 10, 1986
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted 1, 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.
63. ESTABLISH BONUS POLICY ON ACQUISITION OF LAND PARCELS; POLICY FOR
RELOCATION OF BUSINESSES DISPLACED BY SOUTH DISTRICT POLICE SUBSTATION
SITE.
Mayor Suarez: Item 74, establishing City policy for negotiated purchases,
provide a bonus to property owners.
Mr. Plummer: I thought we did that at the last meeting, John.
Mr. Gilchrist: No, we postponed it because of this issue.
Mr. Plummer: But the policy, as I recall, was you take the two appraisals,
divide them by two and no more than 102 over that on the bonus. Yes, that
was the policy we established.
Mayor Suarez: We never voted on it?
Mr. Gilchrist: I think it wasn't voted on, sir.
Mr. Portoundo: It was not voted on, it was delayed to this meeting pending
the discussion of it.
Mr. Plummer: Is that what is contained within this resolution - two
appraisals divided by two and offer 1OZ above?
Mr. Odio: The total amount that we are requesting here is a $1,674,000, so it
isn't two million.
Mr. Plummer: Well be careful now, you know, this is only for acquisition.
Mr. Odio: Acquisition.
Mr. Plummer: I understand.
Mr. Portoundo: Commissioner, at the last meeting we were asking you to
authorize us to pay the highest of the two appraised values plus 10%. You
directed us to come back with the average of the two appraised values...
Mr. Plummer: We directed you to come back with exactly the State policy.
Mr. Portuondo: And that is what you have before you now.
Mr. Plummer: Then I move item 74.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any further discussion? Hearing none, please call
the roll.
174
April 10o Z"6
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-289
A RESOLUTION ESTABLISHING CITY POLICY FOR NEGOTIATED
PURCHASES TO PROVIDE A BONUS TO PROPERTY OWNERS; AND
FURTHER TO ESTABLISH A POLICY FOR THE RELOCATION OF
BUSINESSES DISPLACED BY THE PUBLIC ACQUISITION OF REAL
ESTATE PROPERTY WITHIN THE SOUTH DISTRICT POLICE
SUBSTATION SITE, EXPEDITING PUBLIC ACQUISITION OF 13
LOTS AND THE IMPROVEMENTS THEREON IN THE CITY OF MIAMI
FOR THE SOUTH DISTRICT POLICE SUBSTATION (SAID
PROPERTY LEGALLY DESCRIBED AS LOTS 4 TROUGH 16, ALL IN
KENILWORTH REVISED SUBDIVISION, AS RECORDED IN PLAT
BOOK 5 AT PAGE 115; BOUNDED ON THE NORTH BY WEST
FLAGLER STREET; WEST BY SW 23 AVENUE; SOUTH BY SW 1
STREET; EAST BY BEACOM BOULEVARD A/K/A/ SW 22 AVENUE
ROAD).
(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.
64. AUTHORIZE OFFERS TO LAND OWNERS FOR CITY'S ACQUISITION OF REAL ESTATE FOR
SOUTH DISTRICT POLICE SUBSTATION.
Mayor Suarez: Item 75 has to do with certain land parcels that we're going to
acquire.
Mr. Plummer: Yes, sir, using that policy, applying that policy, I move item
75.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Does the policy go into effect
immediately, Madam City Attorney? Just to clarify, I don't want to confuse
anything here. Lucia, does this policy go into effect immediately, the one we
just established by item 74, so that it would be applicable to item 75?
Mrs. Dougherty: Yes.
Mayor Suarez: Thank you. Call the roll.
175 April 10, 1946
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-290
A RESOLUTION AUTHORIZING OFFERS TO BE MADE TO LAND
OWNERS FOR THE CITY'S ACQUISITION OF REAL ESTATE
WITHIN THE SOUTH DISTRICT POLICE SUBSTATION SITE,
COMPRISED OF 13 LOTS, AND THE IMPROVEMENTS OF SAID
LOTS,, (SAID PROPERTY LEGALLY DESCRIBED AS LOTS 4
THROUGH 16, ALL IN KENILWORTH REVISED SUBDIVISION,
DADE COUNTY, FLORIDA, AS RFCORL '�D IN PLAT BOOK 5 AT
PAGE 115 OF DADE COUNTY PUBLIC RECGRDS; BOUNDED ON THE
NORTH BY WEST FLAGLER STREET; WEST BY SW 23 AVENUE;
SOUTH B SW 1 STREET, EAST BY BEACOM BOULEVARD, A/K/A
SW 22 AVENUE ROAD); AND AUTHORIZING THE CITY ATTORNEY
TO ACQUIRE FEE SIMPLE TITLE TO SAID PROPERTY BY
CONDEMNATION PROCEEDINGS.
(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.
65. PROHIBIT VEHICULAR ACCESS TO CERTAIN STREETS IN BELLE MEADE NEIGHBORHOOD.
Mayor Suarez: Item 76.
Mrs. Kennedy: Could I see a show of hands of how many people are here for
this item?
Mr. Dawkins: How many opponents? How many oppose it? OK, that's good.
Thank you.
Mr. Plummer: How many people opposed have cars? Well, just for the record,
Mr. Mayor, I want to make it known that at the time that I voted for 76
before, I made a statement at that time and I'm going to make a statement
again because it relates to 77, and I hope that when this Commission realizes
that they have set a precedent they are going to continue to follow through
with that precedent. Is anybody opposed to this?
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: I'm asking of the votes up here.
Mr. Bob Grill: You told us last time that I should be quiet and you'd vote
for it. What should I do?
Mayor Suarez: It might be the same case this time.
Mr. Plummer: I think that that would be the case unless one of the
objectors...
Mayor Suarez: Yes, I would definitely like to hear from the objectors.
176 April 10, 1986
""A
Mr. Plummer: And you know, if the objectors are going to make a statement in
reference to safety I want to hear it.
Mr. Bob Grill: She wants my name for the record. My name is Bob Grill, 764
N.E. 73 Street. I'm the Homeowners' Association President of Belle Meade, and
we have a couple of people from our committee for restricted access that would
like a few words.
Mr. Dawkins: Bob, let's just hear from the opponents. We've already heard
from you guys and I think, unless we can hear something ....
Mayor Suarez: If you can give a list of the associations or the groups that
are represented here in favor of the item that would be good.
Mr. Grill: As far as I know, there is only Belle Meade. I saw some other
folks from other groups that are here for other items.
Mayor Suarez: Does the association itself take a stand on it?
Mr. Grill: The Homeowners' Association has been for it for many years and
we've been fighting for it up hill for four years. We're definitely for it.
Mayor Suarez: Thank you, Bob. Any opponents that would like to give us some -
reasons?
Mr. Andrew De la Plane: My name is Andrew De is Plane, and I live on 76th
Street, and basically you've got a 5 or 6 block neighborhood there, and most
of the people who don't live on 76th Street want this, and those of us who do
live on 76th Street don't want it because the street has become like a little
raceway, and those houses are 40 years, most of them, 50 years old some of
them, and most people have two cars and the driveways only hold one and you
have; in the case of my block, which is the first block off the Boulevard, I
have a car on the street and then the people across the street from me have a
car on the street, and you have the garbage trucks coming down and people,
everybody has to cross in front of my house to get out of Belle Meade and they
Just can't do it, and there are little kids across the street and it is very
dangerous. It has become a very dangerous situation on the street. Now, if
you live on 75th Street or on 73rd Street, like the president of the
Homeowners' Association, they're dancing in the aisles because there is no
traffic, and it is just a very very unfair situation to us on 76th Street but
we're outvoted five to one because there are five streets against us. That is
the situation.
Mr. Plummer: Do we have a map here?
Mr. De la Plane: Yes, right here.
Mr. Plummer: Let me see the map. What you're saying is 76th Street is the
only open street?
Mr. De la Plane: That's it.
Mr. Odio: There you go, sir.
Mayor Suarez: Would it help to have bumps installed or anything to get people
to drive a little slower?
Mr. De la Plane: You can't put speed bumps on a public street.
Mr. Plummer: Yes, you can, you can now.
Mayor Suarez: I never thought of it, but it is somewhat unfair to the people
who live on the street that it is used as the main access.
Mr. De la Plane: If we could get the people to obey the speed limit, you know
the association has put out a number of news —letters, and if we could get the
people to obey the speed limit we'd be in much better shape.
Mr. Plummer: Well, I think the problem, the man brings up a good point, is
that all of that traffic now is being generated onto one street and that is
76th Street. If you were in Belle Meade, how do you get out besides 76th
Street? I'm asking the question.
177 April 10, 1986
Mr. De la Plane: OK, there is one bottleneck between 6th Court and 7th Avenue
on 76th Street, there is one block where all the traffic must pass.
Mr. Plummer: Excuse me, Bob. Unless the map I'm looking at,,I see a blockade
at 77th, 75th, 74th, 73rd and 72nd. Now, the traffic, from what I see, must
come out 76th Street. Well, OK, let's do it the other way, Bob. All right,
I'll tell you what I'm in favor of. Let's move this barricade on 75th Street
up to 76th Street and make 75th the open thoroughfare. How about that? You
can move a traffic light. Oh, no. I'm being facetious. All right? He lives
on 75th Street and he is saying hey, why should you funnel all the traffic on
my street and he makes a damned good point.
Mayor Suarez: Why don't you go ahead and put your remarks on the record and
we'll do this one at a time, please.
Mr. Jorge Garcia: My name is Jorge Garcia and I live at 710 N.E. 72nd
Terrace. There is only one block, in actuality, where all traffic does flow
and that would be 76th Street, the block between 7th Avenue and 6th Court.
Because of the design of the neighborhood, people as they come in, or as they
exit the neighborhood must enter that one via, 6th court and 76th Street.
Mayor Suarez: You mean after that the traffic begins to disperse.
Mr. Garcia: After that it disperses immediately because...
Mayor Suarez: But a lot of it still goes on 76th probably.
Mr. Garcia: That one block, that first block. Obviously, in any community
and in any neighborhood, the first block off of the major street has more
traffic than any other blocks.
Mr. Plummer: But not in the past, without those barricades there in the past
that was not true.
Mr. Garcia: I have been a resident for two -and -a -half years and I always
exit, I have always exited Belle Meade through that via because of the traffic
light. Have you ever tried turning left on Biscayne Boulevard without a
traffic light? Have you ever tried entering Biscayne Boulevard without a
traffic light and seeing what kind of difficulties you encounter?
(APPLAUSE)
Mr. Grill: I would like to pursue this because I mean they can put five
people up here for every one of us ...
Mayor Suarez: Yes, you gave us that ratio right off the bat.
Mr. Grill: Well, we got signatures here and a lot of these people don't live
on 76th Street, and they oppose this thing, and one of them is 98 years old I
think, she was mugged by somebody after the barricades were put up.
Mr. Plummer: I tell you, you could actually come out of any one of these
other streets and send the traffic up 6th Court to 76th Street and that would
slow them down.
Mr. Grill: Well, I think really you should address the whole concept of these
little closed communities. I mean I've been there ten years, not two -and -a -
half. My great grandmother built that house that I live in now, and this is
not going to make it a little Bay Point, and the idea of closing this Belle
Meade neighborhood off to make it a mini Bay Point, depending on your view and
your racial make up, it could be called ludicrous, but that is again up to the
Commission to decide how closed off do you want the community to be? And for
what real purpose besides the ones that are promulgated up here?
Mayor Suarez: State your name and address for the record, please.
Ms. Helen Kelly: My name is Helen Kelly and I live at 815 N.E. 76th Street.
As far as the speeding is concerned, or the traffic, in the area where Mr. De
Ls Plane lives, that is west of where I live, I live just off of 8th Avenue.
But the people toward Belle Meade are objecting and they talk about the extra
traffic. Now, the traffic, much of it comes from the island and Belle Meade
178 April 10, 1986
A
Boulevard. but there is no particular difference in front of my house as far
as the barriers, the barriers have no effect on that traffic and there is
speeding, but that was going on before the barriers were put up. And I go out
from my driveway and I enter 76th Street, and I face left from the Belle Meade
Boulevard, and there is very little traffic that is coming from there. And I
have been to the light at various times of the day and I don't see an
appreciable difference in the traffic, there are no tie ups and the parking of
the cars in the area that Mr. De La Plane was talking about, that was true
whether you have the barriers or not, because if you don't have a circular
drive or a place to get the cars off the street, the barriers isn't adding to
that. Now, there is one house there that has, I think it is two vans in front
and one in the driveway, and whether you have barriers or not you're still
going to have that number of cars parked there. But I just cant really see
any difference in the traffic since the barriers were put up.
Mr. Fred Stock: My name is Fred Stock and I'm also a resident of Belle Meade.
I live at 733 N.E. 75th Street. The only comment I want to make is before the
Commission or anyone else in this room, you know, conjurs up a vision of huge
traffic jams, I'd like to put this in a little bit of perspective. I go to
work every day, I work on Miami Beach. And now I'm using that as my way to
get out of the community, and I leave anywhere between a quarter to eight in
the morning and 8:30, which is probably the busiest time of the day when
people are going to work. First of all, many of the residents who live in
Belle Meade don't work a regular 9 to 5 shift. We're a changing community,
many of our residents are still older, there are many younger persons moving
into the community, so not everybody is leaving at the same time in this
particular community. All I can say is in the three, I think just about four
months that these barriers have been up I have gone out every morning through
that intersection with the light on 76th Street and I have never waited more
than one traffic light to get out. Maybe three or four cars are there between
8 and 9 o'clock, and I might be the fourth or fifth. So I just want the
Commission to recognize that traffic congestion is a very relative word, and
in a community where you have 350 homes in Belle Meade, and that is the entire
community plus the island. I don't think there is a situation where there are
traffic jams. I think there is a problem in terms of speeding.
Mayor Suarez: I have a feeling that if this Commission approves the concept
that the least you ought to do is go back - this is a recommendation - and
work together to see if you can propose to us a way of reducing the speed of
people that are using 76th Street including speed bumps. I'm not sure you
should continue this, remember the Commissioners are getting tired.
Mr. Garcia: Only in response to your remark. We are working with the County
for signage and striping and that is part of the recommendation and when they
have met with us, but it takes them time to get out and do it.
Mayor Suarez: Yes, it sounds like you had that problem before now and you
will continue having it until you resolve it. Yes, sir.
Mr. Winston Nees: Mr. Mayor, Commissioners, my name is Winston Nees and I
live on Belle Meade Boulevard, I've been a resident there for about 17 years.
I would like just to take a brief moment and pass you these items we prepared
as opponents or objectors to `he present plan. Mrs. Hirsch, an attorney who
lives on the street conveys her apologies, but she is unable to be here
tonight. I've appended or attached a letter from her as one of the objectors.
That is the first item. Now, for 45 years this neighborhood has followed a
certain traffic pattern, each homeowner there purchased with knowledge of what
that street pattern was. Then barricades were erected restricting access to
this neig'tborhood except through one point, the intersection of N.E. 76th
Street and 6th Court. They caused greatly increased vehicular traffic along
N.E. 76 Street, probably 5 to 1 through that first and second blocks. This
creates increased possibility of accidents. There are long delays, in my
instance, I have experienced and seen others involved in long delays for
traffic exiting and entering through this neighborhood. There is a resulting
loss of property values there. It is axiomatic that the busier a residential
street becomes the less desirable it becomes for most of its residents and
perspective residents. We feel that the right to enjoy our already
established degree of quiet peace and tranquility seems to us to be lost with
this new system of street closures. It does not seem fair or equitable to us
to further calm already calm streets. Certain already calm streets have been
further calmed by increasing the traffic many -fold past the doors of the
people living on 76th Street, and we are unaware of any demonstrated reduction
179 April 10, 1986
in crime in the neighborhood since these barricades were erected. I'm just
going quickly through these items here. Now, we'd like to clarify something.
Who is to pay for this? Is the City going to pick up the many thousands of
dollars of extra expense or is it to be done by other means? We understood at
first it would be through contributions of the Belle Meade Homeowners
Association. Now, recently, an elderly gentleman died - this was after the
barricades were erected - and I was informed today by Mrs. Heather, who
incidentally was mugged the day after the barricades went up in her front yard
at 4 o'clock in the afternoon. I was informed by her that a Mr. Andre who
lives across the street from her recently died of a heart attack and there was
a probable delay in the Fire Rescue reaching this gentleman because the only
access available - they gave their address as 72nd Terrace but the only
address available was through 76th Street. We'll pursue this issue further,
but right now I'd just like to conclude with that to our knowledge there has
been no environmental impact study done by an independent agency or government
authority,S to determine in a dispassionate way the effects of this street
closing. And we also would like to raise a question: Could the City possibly
incur legal judgements should someone successfully litigate on any of these
issues? We would rather not involve the City in more litigation - heavens, we
all want to avoid litigation whenever possible, so for these reasons and
others that may be apparent to you, we earnestly request that you remove this
restriction for vehicular access in order to promptly remove all of these
unsightly barricades now in place, and let's go back to an environmental
impact study which would deal with things like pollution that is affecting
these people. I live way on the far end of 76th Street on the extension
called Belle Meade Boulevard, it is not hurting me much, but my friends and
neighbors who live up on 76th Street itself are really under increased
tension. They are under a greater rise in let's say their diminution and the
quality of their life, and I'd like to be fair to people. I think that they
should not be made sacrificial rams for the increase in the comfort of the
people living on 72nd, 73rd, 74th, 75th. If this is such a great idea,
perhaps we could open 73rd Street and make that the street the neighbors want
to sacrifice one street. That is where Mr. Brill lives. I say this in jest,
but I think in fairness too, one street should not be made to suffer unduly
for that of the others. I have appended a little sketch here, it shows that I
live way down here at the end, and we notice traffic increasing even down at
the end because of people on 72nd Terrace, 73rd and 74th can shoot straight
down here and whip back in this way. Well, in closing let me say thank you,
we've taken too long. I'd like to request at least a lowering of the
barricades now, and go back to planning that makes fair and equitable sense to
all of us. Thank you very much.
Mayor Suarez: Thank you for your comments. Virginia, do you want to tell us
about proposed modifications?
Ms. Virginia Schweikert: Yes. Good evening. My name is Virginia Schweikert
and I live at 666 N.E. 73rd Street. After careful evaluation during the past
three months while the temporary barricades were in place, the Association
along with the great majority of the residents of Belle Meade asked that the
Commission go forward with the final stage for restricting vehicular traffic
into our community. Of the 389 homes in our area, 304 property owners have
responded by certified mail to Public Works - 266 in favor of the project
while only 38 are opposed. During the course of the three month trial period
we have come to realize the following: a significant decrease in traffic, of
course, we still have some problems with the re -timing of the traffic light at
76th Street. Consequently, the residents are enjoying the neighborhood.
Children are riding their bikes, -mothers are walking their babies and the
residents have a new-found pride in the area. We have also learned that the
Police Department along with the Fire Department and Solid Waste Department
also support the project. I have memos from each of the departments here. We
found that providing emergency vehicle access will defeat our main objective
of restricting vehicular traffic. Currently there are visitors and delivery
people who actually get out of their vehicles to physically move the 8 foot by
5 foot barricades to reach their destinations. The Homeowners' Association
has incurred all of the expenses during the trial period which exceeded
$8,000. It is unrealistic for the City to assume that the Belle Meade
Homeowners' Association could comply with the requirements outlined in
sections 4 and 5 of this resolution. Therefore, we ask that you amend this
resolution by eliminating the emergency vehicle access provision and sections
4 and 5 of this resolution. I think the City of Miami has the perfect
opportunity to adopt this project as a demonstration of neighborhood
revitalization within the City of Miami. Thank you.
:0
�5 - .,x' l; _ F _. �.1 i rcr.w'�s:�t,c. _ "si` .�.tt'a.�0.'�ifr' 'r 1.� y r+ •.
Mayor Suarez:
Mrs. Ruby Nees: I'm Ruby Nees and I live at 7425 Belle Meade Boulevard, and I
just want to say that there is an awful lot of negative and inequitable
thinking going on in the neighborhood - Make my home safe and free of traffic
and the rest by damnedl There are three main reasons stated for the change:
Drivers coming into our area look for an outlet to Miami Beach. An easy
answer is to erect signs on Biscayne Boulevard directing the traffic to the
79th Street Causeway as the way to Miami Beach. (2) Undesirables in the area,
muggers, burglars and vandals. These exist in all neighborhoods and closing
off one area merely shifts them to another area, or presents a challenge that
some of them would find interesting. The answer? Spend the money required
for the barricade program to set up sides to the police such as civilian
patrols or watches using walkie talkies and CB radios. (3) To make a quieter
and more desirable area in which to live. One look at 6th Court will
discourage the desirables, the street is jammed with cars parked every which
way on both sides of the street and looks like an entry to a slum. Most
streets do have less traffic, but at the expense of those living on 76th
Street and its extension, Belle Meade Boulevard. The noise, air pollution and
potential traffic dangers on 76th Street to satisfy the "fat, dumb and happy"
status of others is hardly just. Even a unanimous yes vote should not prevail
on such an undertaking as changing the long established flow of traffic in an
area built with taxpayers' dollars without an unbiased scientific study of the
problems involved. It is not that we are unsympathetic to the desires of
people to make a better world for themselves, but we do disagree with the
methods they are using to try to accomplish this. Thank you.
Mayor Suarez: We don't need a response from the proponents unless you want
to. I don't think it will help particularly.
Mr. Jim Calhoun: I am a proponent but I think it would be very important if I
did make one small point.
Mayor Suarez: Always at the risk of losing your support.
Mr. Calhoun: Even at that risk because there seems to be a lot of
consideration of traffic here.
Mr. Dawkins: Your name and address.
Mr. Calhoun: I'm sorry. Jim Calhoun, 765 N.E. 77 Terrace. I have been a
resident for five years and I think what I have to say is extremely important.
I think we are talking about the survival of a neighborhood, not how many cars
drive up and down 76th Street. Here is one man's opinion. This project which
I worked for four years is very important to me, and for me it makes the
difference in whether I want to live in this neighborhood. Now I don't know
if I should hold myself up as someone that you want living in this
neighborhood or not, but I'm a professional man, I have a good income, I'm the
kind of person that you'd like to have paying taxes, and what I'm trying to
tell you is ...
Mayor Suarez: I was just going to say don't put that to a vote here, you
never know what will happen.
Mr. Calhoun: What I want to tell you is that, a little bit egotistically,
I'll say that I'm the kind of person you'd like to have living in Belle Meade
and in a lot of areas. And if we don't do something positive about Belle
Meade and some other areas, those areas are going to become slums and the
people that live there won't pay any tix�is because they won't be able to
afford to. Thank you.
Mayor Suarez: I can tell you that I can really empathize with those of you
that live on 76th Street because I live on South Miami Avenue and you can
imagine what the traffic is there and, of course, ohen I bought there I knew
the traffic was going to be that bad. You didn't, and I would be disposed to
vote in favor of this and, in fact, I will. Ho,iever, I will never again do it
unless the City comes up with some kind of a traffic figure here, it should
have been very easy to count the number of automobiles to see if, in fact,
traffic went up by as much of a factor as indicated by the people on 76th
Street, and that is a relatively easy and inexpensive study.
181 April 10, 1986
Mrs. Kennedy: Mr. Odio, am I right to assume that Police, Fire and Sanitation
are for this?
Mr. Odio: Yes.
Mrs. Kennedy: OK.
Mr. Cather: The Police, Fire and Sanitation have said that they can operate
with these barricades in place. They have not said they support it. They
have said that they can function with these barricades in place.
Mrs. Kennedy: That's good enough.
Mr. Odio: I might want to add for the record that I thought that we were
doing something here that was different from other communities, but Coral
Gables has done it and Miami Springs is now going to close one third of the
streets that come out to Biscayne Boulevard to avoid traffic coming through
the neighborhood.
Mr. Cather: I informed Mr. Odio that Miami Shores is looking into a proposal
to close about one third of the streets;n Miami Shores, especially those
fronting on Biscayne Boulevard. They have not taken that action yet. Coral
Gables has actually closed several streets off and diverted the traffic,
prevented through traffic from using local streets.
Mr. Nees: Mr. Mayor, one more point, please. When this was first presented
to us it was with the idea that there would be island type barricades with
pass arounds for emergency vehicles. That is when the police, fire and the
emergency people gave their approval. Now we're talking about full
barricades, now we're talking about ... Please, that was the original concept
that was presented, and that was the concept I was working on until I came
here today and learned that it is to be a complete barrier. Now, any one of
us may suffer a heart attack or a drowning, and 30 seconds can be critical in
that, believe me. We just experienced it in our own family with a near
tragedy. I beg of you, don't do this to us without an environmental impact
survey. An impartial authority should brought in. You as an attorney, Mr.
Mayor, must recognize the exposure the City has to going ahead with something
like this without a thorough investigation. I want my neighborhood to be
better. I want to improve it, but I don't want to block it so that we can't
get service of the Fire Rescue or the Police. We feel that there are a number
of things, well, I know I'm taking too much of your time, but really I only
found out about this problem ...
Mayor Suarez: You know, this entire day through 71 items or 76 items, you're
the only person that has cared about the amount of time that you have taken.
I have to tell you that. Everyone else has gone on and on without really
caring and I really appreciate that. Go ahead.
Mr. Nees: My apologies to all of you. We're all tired, so I'll just shut up
now and hope for the best. Thank you.
Mayor Suarez: Thank you, sir. Commissioners?
Mr. Cather: If I may just a moment correct the record. This proposal, as
originally presented, was for drive -across barriers. They have since modified
it to a full barrier, and the Fire Rescue Department says they can live with
that.
Mr. Dawkins: I'm going home in a few minutes, Mr. Mayor. I've had about as
much of this as I can.
Mayor Suarez: I think that that closes the discussion.
Mrs. Kennedy: Let me just say something for the record. I think it is very
easy for some newspapers to criticize, but I really cannot find any fault with
the Belle Meade Homeowners'. Association. I think that they are fighting to
save their neighborhood.
Mayor Suarez: Please, all the clapping isn't needed. It doesn't help. And
please sir down, ma'am. Please.
■
182 April 10, 1906
Mrs. Kennedy: I can see the Miami Herald going... This is not an elitist
fight, this is people who are trying to save a very beautiful neighborhood
from all the problems of traffic and crime that they have, and I just wanted
to express my opinions. Whenever we're ready to ...
Mayor Suarez: Commissioners, I'll entertain a motion on this item or
discussion.
Mr. Plummer: Mr. Mayor, my problem still is the fact, you know, and I want
you to know that there is a proposal for our neighborhood next. And yet ...
Mr. Carollo: You're living in Bay Heights?
Mr. Plummer: It is next to it, Joe.
Mrs. Kennedy: Yes, but this is very different.
Mr. Plummer: My point is we, as proposed, are not barricading any streets.
It is the Oregon Plan which was proposed which does make it very uncomfortable
to go through a neighborhood. Now, as I look at this, Don, you're talking
about the Jersey barricades, and I'm concerned about the people on 76th
Street. Why couldn't you put a Jersey barricade here to stop this as a
speedway down here? Now, that is going to create some traffic on the other
streets, but I think you could come up with the Oregon Plan for internally in
here. See, the Jersey barricades, if you came in this street you come to
here, you can't go all the way down the street. You've got to make a left
turn here. Now, that's what they're proposing for Bay Heights and Natoma
Manor, and I say to you that that is worth looking into for the benefit and
the comfort of the people on 76th Street. All right? Now, I'll tell you what
I'll do. I will vote for this plan because I think the neighborhood has the
right to keep out tremendous amounts of traffic. But it has got to be with
the proviso that the City will go back and restructure the Oregon Plan, which_
is accepted and is tried, so that these people on 76th Street don't have to
z
suffer the entire burden for the convenience of the other five streets
`
K
involved. I think if everybody suffers a little bit your overall picture will
be great. OK? But I don't feel that it is right to have one particular
street take the full blunt of the burden. So I'm saying to you I will vote
for the project, but it is with the proviso that the City Public Works will
come back within the next 30 days and propose an Oregon Plan for internally of
the neighborhood. It still accomplishes what"
B p you want, to keep the traffic
Mayor Suarez: What you're saying is you're trying to reroute the traffic as
much as possible, so that it comes out on 76th Street right as it goes on
Biscayne Boulevard.
Mr. Plummer: So the traffic is funneled through the entire neighborhood not
one particular street, and that can work with the Oregon Plan.
Mayor Suarez: Why don't you make that into the form of a motion?
Mr. Carollo: But J. L., my concern is with the Oregon Plan is that where it
merges the vehicles it is going to become one of those little games that the
little ball gets blocked here and you've got to spend half an hour trying to
figure out how to get to the end.
Mr. Plummer: Well, Joe, I understand what you're saying and you make a very
good point and I don't disagree with your point. But here again, I say that
you cannot in all honesty dump onto one street for the convenience of the
other five. That's not fair. OK? And I think everybody has to share a
little bit and then you will come about with what the plan is that you want
and that is to keep the traffic and unwanted people...
Mr. Carollo: I have to see where they're going to put in the additional areas
of blocking before I could vote for that. I would just be afraid ...
Mr. Plummer: I'm saying come back with a plan.
Mr. Carollo: I would just be afraid that this would complicate things much
more than you could imagine.
183 April 10, 1986
Mr. Plummer: Hey, I'd like to vote for the plan as it is if there were no
houses on that street, but there are people there and they have the right to
have the same peace and tranquility that the other five streets are going to
enjoy when this comes about, and I'm saying if you can't get one hundred
percent and you can all come out with 90 percent, I think that is in the
interest of fairness. So all I'm saying is let's vote for this plan as it is
here now and within 30 days Public Works will come back with a plan comprised
of the Oregon Plan so that we don't place a burden all on one street.
That's all I'm saying.
UNIDENTIFIED SPEAKER: Mr. Mayor, can I please say something? I think there
is a misconception.
Mayor Suarez: Are you making that in the form of a motion, Commissioner?
Mr. Plummer: Yes, sir, I'll be happy to.
Mayor Suarez: It has been moved. Do we have a second? No second? Item can
die for lack of interest. I'll second it. Moved and seconded.
Mr. Dawkins: It has been moved and seconded. Discussion?
Mr. Plummer: Under discussion, I'm not sure, and I'm not trying to sell my
issue, I'm not sure that an Oreg.*: Plan will work. I would like you to study
it, bring it back, we will look at it and possibly implement it all or part.
So I'm not saying that by this motion here that you are, in fact, going to do
it. I'm only asking you to study it.
Mrs. Kennedy: How long will it roughly take you, Don, to come with a plan and
bring it back? Are you talking about next Commission Meeting?
Mr. Plummer: Within 30 days.
Mr. Cather: I can complete that within 30 days.
Ms. Schweikert: Can I say something? Pardon me. It is just that ...
Mr. Dawkins: We've got a motion and I'm going to rule you out of order. Any
further discussion? I'd like to say that I've been pressured, and I've had my
neighbors tell me that individuals are attempting to set up a utopia, but as
an elected official it is my duty to help encourage individuals not to move
out of the City of Miami, and if this will encourage you to stay and help you
encourage others to move in, and the 14 or 15 houses that we have empty in
there, we can take Community Development funds some kind of a way and bring
those houses up where individuals will move into them, then we have saved this
neighborhood. If we were to have this on 60th and 61st Street in my
neighborhood, I could stand on one corner and take pictures of all the people
who purchase drugs and put it in the paper every day and stop it. So,
therefore, I will be voting with the motion. Any further discussion? Madam
City Clerk, call the roll, please.
184 April 10, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-291
A RESOLUTION APPROVING THE REQUEST OF THE BELLE MEADE
HOMEOWNERS' ASSOCIATION, INC. THAT THE PROHIBITION OF
VEHICULAR ACCESS TO N.E. 72 TERRACE, N.E. 73 STREET,
N.E. 74 STREET, N.E. 75 STREET AND N.E. 77 STREET AT
THE EASTERLY SIDE OF THEIR INTERSECTION WITH N.E. 6TH
COURT IN THEE CITY OF MIAMI, FLORIDA, BE IMPLEMENTED
ON A PERMANENT BASIS; REQUIRING THE CITY PUBLIC WORKS
DEPARTMENT WITHIN 30 DAYS, TO REPORT BACK TO THE CITY
COMMISSION WITH A PROPOSED NEIGHBORHOOD INTERNAL
REROUTING PLAN TO SLOW THE SPEED AND REDUCE THE VOLUME
OF VEHICULAR TRAFFIC ON N.E. 76 STREET IN ORDER THAT
NO SINGLE STREET IN THE NEIGHBORHOOD BE BURDENED WITH
THE EFFECT OR IMPACT OF THE CHANGED TRAFFIC FLOW
RESULTING FROM SUCH IMPLEMENTATION; FURTHER
PROHIBITING VEHICULAR ACCESS TO SAID STREET
INTERSECTIONS IN ACCORDANCE WITH CERTAIN FINDINGS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mrs. Kennedy: I'm going to go ahead, provided that it is not more than 30
days, I think that you can live with that.
UNIDENTIFIED SPEAKER: I don't understand, what is the motion?
Mrs. Kennedy: The motion is to come up with a plan ...
Mr. Plummer: No, the motion is to implement what is there now as proposed -
to implement that. OK? But that Public Works within 30 days will come back
and propose something of an Oregon Plan internally to slow the traffic down
and take it off of 76th Street and distribute it. To implement is what we're
doing.
Mr. Dawkins: We're implementing the plan.
Mr. Carollo: I'm voting yes, but with the full understanding that if we do
not like this Oregon Plan we don't have to implement none of it whatsoever.
Mr. Plummer: Very definitely.
Mayor Suarez: That's my understanding of the motion as made. That's with the
modifications, by the way, that were proposed by the Homeowners' Association,
right?
Mr. Carollo: That's correct.
Mrs. Kennedy: Don, could you try to have it by April 22nd if possible at all?
Mr. Cather: I will certainly try.
Mayor Suarez: Your plan is being implemented, there is nothing delaying your
plan.
185 April 10, 1986
ko
Mr. Plummer: The plan is implemented.
modifications.
Mr. Nees: Mr. Mayor, one question, please.
for this project?
There just might be further
What is the source of the funds
Mr. Dawkins: That hasn't been determined yet, sir.
Mr. Nees: Is the City going to pick it up?
Mr. Dawkins: I don't know, we may pick it up through Community Development
funds, I don't know, sir, but it would not be with ad valorem taxes.
Mr. Nees: OK, thank you.
Mr. Dawkins: I don't know, sir.
66. CLAIM SETTLEMENT — APPROVE $800,000 SETTLEMENT WITH RAFAEL ALFONSO.
Mrs. Dougherty: Mr. Mayor, just real quickly. This morning, you know, I
raised the $844,000 settlement. We called the insurance company and found out
that if we don't guarantee the settlement for, the structured settlement for
30 years and only guaranteed it for the life of the person, the settlement
could be proposed at $800,000 instead of $844,000. I have proposed this to
the other side, they have not accepted it, but I would like your authorization
to formally propose this again tomorrow, to offer them $800,000 cash value,
they go to their own insurance company, or we can go to our insurance company
and say "Please give us the same ones," or they cannot take it with the life
expectancy, take it with a life expectancy.
Mayor Suarez: That reduces the present value?
Mrs. Dougherty: To $800,000 instead of $844,900.
Mayor Suarez: Commissioners, we argued this one for a while in the morning.
I don't know that it is worth reconsidering now, but it is up to you. The
City Attorney is recommending it, maybe it can get us out of it for what, 40
some thousand dollars less?
Mrs. Dougherty: Yes. I don't know that they will accept it, it is something
that I can try, but more importantly we would have this argument to go to the
Legislature that we made a bona fide offer.
Mayor Suarez: Does that argument mean anything under the legislative scheme?
Mrs. Dougherty: Yes.
Mayor Suarez: Commissioners, what is your pleasure on the plea of the City
Attorney to reconsider that item and give her authority to go up to $800,000
cash value of that policy or the annuity or whatever it is?
Mr. Carollo: I make a motion that we appeal.
Mayor Suarez: No, no, please! If we don't settle this at least we have given
her authority to negotiate at this point.
Mrs. Dougherty: You have given me authority to negotiate. I have negotiated
this morning.
Mayor Suarez: Without specifying an amount.
Mrs. Dougherty: I have. They will not accept anything less than that. What
I'm saying to you is let me offer the lesser amount. I may even be able to go
to my own insurance company and say take this amount and give us the same
coverage.
186 April 100 1986
IF -
Mayor Suarez: Well, it is up to the Commission.
Mrs. Dougherty: J., we're settling a $70,OOO,0O0 verdict.
Mr. Plummer.: I understand that.
Mayor Suarez: I don't it to die for lack of interest, I'll move that we give
you that authority.
Mrs. Kennedy: Yes, I'll second.
Mr. Plummer: What you're saying is give her the authority to do what?
Mrs. Dougherty: To propose $800,O0O cash value however they want to do it.
They can go to their insurance company, I can go to my insurance company, they
can take the ...
Mr. Plummer: Is that $80O,O00 total?
Mrs. Dougherty: Yes, total — attorneys fees, everything.
Mrs. Kennedy: Everything included. Yes, I second.
Mr. Plummer: In other words that is a flat cash settlement.
Mrs. Dougherty: Correct.
Mayor Suarez: That results in a savings of how much?
Mrs. Dougherty: From what I've prepared before $44,9O0.
Mayor Suarez: They said they would agree to that too, right? I'm sorry, they
said that they would agree to that before, right, the S844,O00?
Mrs. Dougherty: Yes.
Mr. Dawkins: Any further discussion?
Mrs. Dougherty: J., you're going to hate yourself a year from now.
Mr. Plummer: I'll love myself if you win the appeal.
Mrs. Dougherty: True. You're not going to win it though. Listen, I appeal
the ones I think I'm going to win. Remember if the insurance company who paid
$2.5 million dollars thought that there was an appealable issue they wouldn't
have settled, they didn't even hit the man. We ran him into them.
Mr. Plummer: The statements on the record sure don't help our case.
Mrs. Dougherty: Well, that's the facts, J. L. The case is over with at this
point.
Mr. Plummer: Not the appeal.
Mrs. Dougherty: You don't get new evidence in an appeal.
Mayor Suarez: Yeah, those are factual findings that cannot be overturned, I
guess.
Mr. Dawkins: Any further discussion? Commissioner Plummer?
Mr. Plummer: I just don't know what way to vote, that's my problem. There's
no further discussion.
Mayor Suarez: Yes, it is a tough one, it is about as tough as ...
Mr. Carollo: While you're thinking on it I'd like to ask Bob Traurig to come
up, it is an item that he wants to speak to the Commission briefly on.
Mr. Dawkins: Are we going to table this until he hears this? Let's vote on
it. Call the roll, Madam City Clerk.
187 April 10, 1986
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 86-292
A RESOLUTION APPROVING SETTLEMENT OF LITIGATION
INSTITUTED AGAINST THE CITY OF MIAMI BY RAFAEL ALFONSO
FOR DAMAGES DUE TO INJURIES HE SUSTAINED ON A
VEHICULAR ACCIDENT INVOLVING A CITY -OWNED VEHICLE;
AUTHORIZING SETTLEMENT IN A MANNER WHICH IS ACCEPTABLE
TO THE CITY ATTORNEY ON A BASIS OF $800,000; SAID
APPROVAL AND AUTHORIZATION BEING GIVEN WITHOUT THE
ADMISSION OF LIABILITY AND IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF
MIAMI AND HERMAN JOHNSON, JR. AND SUBJECT TO THE
EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI AND
HERMAN JOHNSON, JR. FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
ABSENT: None.
ON ROLL CALL:
Mr. Dawkins: Ha, ha, ha.
Mayor Suarez: You'll be blamed for this either way.
NOTE FOR THE RECORD: Agenda item 77 will be heard on May 8, 1986.
67. REQUEST APPRAISALS, AT APPLICANT'S COST WITHOUT OBLIGATION OF CITY TO
PURCHASE, FOR TEN ACRES OPPOSITE CURTIS PARK ON 24TH AVENUE AND RIVER FOR
A MARINA PARK/YACHT CLUB.
Mr. Robert H. Traurig: Mr. Mayor and members of the Commission, very briefly
for the record, Robert H. Traurig, 1401 Brickell Avenue. And from your right
to your left, the gentlemen in the first row are David Block whom you know as
the owner of Florida Yacht Basin and a Coconut Grove resident; Bernard
Secovich who is immediately to his left, as we're moving in that direction,
and Ed Wright, another architect who is down at the end. David is the owner
of this Florida Yacht Basin which has about ten acres at 24th Avenue and the
river. This is Just opposite Curtis Park. We have made a presentation to
each of you individually and during that presentation, we made it very clear
that David has a dilemma. He is being offered, he is receiving offers from
people who want to buy his property for residential development, and he loves
the river and he loves river oriented activities, and he would like to change
his yacht basin into a marina if the City would like to acquire it for that
purpose. So we have approached the City Manager, we have approached each of
you individually, we have given you a very brief visual presentation on it
and we are here to ask whether or not you want your City staff to pursue this
through appraisals and so forth, so that David will know whether or not to
wait for the City to make a policy decision with regard to the acquisition or
whether or not he should pursue other real estate alternatives.
Mr. Carollo: Mr. Manager, this has to do with the marina park at Florida
Yacht Basin. Who is on first? Who is on second?
188 April 10, 1986
/'1
Mayor Suarez: Let me just clarify something procedurally. With all due
respect for you, Mr. Traurig, Commissioner Carollo who wanted the item brought
up, if it was anything more than asking the.City Manager to consider this and _
to do appraisals or whatever, I would not even contemplate it at this time.
It just doesn't make any sense whatsoever for this item to be considered on
this basis and it is not fair to this Commission. I hope that's all you're
asking for.
Mr. Traurig: That is all we're asking for - start the process going through
the appraisals that the City Manager would acquire.
Mr. Odio: May I say this? You will pay for the appraisals, right?
Mr. Traurig: Yes.
Mr. Odio: I don't have any problem in appraising the property.
Mayor Suarez: If it involved any cost or any policy statement as to whether
we want to acquire this at all - this is not at all the time to do it.
Mr. Odio: We can go out for the appraisers, bring the appraisers back to the
Commission and at that time, you can decide whether the City should pursue ...
Mayor Suarez: We don't have to vote on that at all because if you're paying
for the appraisers you can have it done with the understanding that the
appraisers be selected by us.
Mr. Odio: We pick the appraisers, they pay for it.
Mayor Suarez: I have no problem with that, if you want to make that.
Mrs. Kennedy: Do you need a motion?
Mr. Traurig: We would like formal action so that the City Manager can
undertake this.
Mrs. Kennedy: So move.
Mr. Odio: Commissioners, it is to appraise the property and the river ...
What do they call that?
Mr. Traurig: Florida Yacht Basin.
Mayor Suarez: The appraisers would be picked by us, they would pay for them,
it does not imply that we want to acquire the land at all, or that we think
the project is desirable or feasible, otherwise we cannot take it up at this
time.
Mr. Odio: And they will pay for the appraisers.
Mrs. Kennedy: And I just moved.
Mayor Suarez: It has been moved.
Mr. Plummer: I'll second it.
Mayor Suarez: Seconded, any further discussion? Call the roll, please.
189 April 10. 1986
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-293
A RESOLUTION AUTHORIZING THE CITY MANAGER TO OBTAIN
TWO APPRAISALS ON TEN ACRES OF LAND IN THE AREA OF
24TH AVENUE AND THE RIVER (ACROSS FROM CURTIS PARK)
FOR A POSSIBLE MARINA/PARK/YACHT CLUB DEVELOPMENT,
PROVIDED SAID APPRAISALS ARE OBTAINED AT NO COST TO
THE CITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: Special Meeting on Watson Island Proposal scheduled for
April 22, 1986 at 10:00 A.M.
-----------------------------------------------------------------
THPRE BEING NO FURTHER BUSDiSSS TO CONE BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:55 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Xavier L. Suarez
MAYOR
* INCOKP
•
. J ► r . I i
190 APVU 109' 1906
I v OF Mika,AMI
0
DOCUMENT
MIEETING DATE
INDEX APRIL 10, 1986
DOCUMVIT IDENTIFICATION COMMISSION RETRIEVAI
ACTION &m. CODE NO.
GRANT THE REQUEST OF SOUTH FLORIDA REGION
ANTIQUE AUTO CLUB OF AMERICA TO SELL FOOD,
NON-ALCOHOLIC BEVERAGES, ARTS AND CRAFT
ITEMS FOR A TWO-DAY PERIOD IN CONNECTION
WITH THE ANTIQUE AUTO SHOW AND FAIR (MAY
24 AND 25, 1986), IN PEACOCK PARK; ETC...
RECOGNIZE TAX-EXEMPT STATUS CLAIMED BY MIAMI
SCOTTISH RITE TEMPLE ASSOCIATION; ETC...
AUTHORIZE CITY MANAGER TO ACCEPT PROPOSED
DONATION OF A 35' FORD FLAT BED TRUCK
($10,000.) FOR USE BY THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES FROM
MR. 'TIMOTHY G. STILLMAN OF FT. LAUDERDALE,
FLORIDA; ETC...
ACCEPT BID OF REVIEW FINANCIAL PRINTERS
FOR PRINTING THE PRELIMINARY AND FINAL OFFI-
CIAL STATEMENTS FOR THE CITY'S 1986 GENERAL
OBLIGATION BOND SALE. ($9,000.00).
ACCEPT BID OF MAGEN CORPOTATION FOR FUR-
NISHING TEN ROLL IN COTS AND ACCESSORY PACK-
AGES TO THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES ($8,853.00)
ACCEPT BID OF ARMANDO FOJON PAINTING FOR
PAINTING THE EXTERIOR AND INTERIOR OF ONE
TWO STORY CBS APARTMENT COMPLEX TO THE DE-
PARTMENT OF COMMUNITY DEVELOPMENT ($5,440.00).
ACCEPT BID OF URBAN SOUTH, INC. FOR DEMO-
LITION ONE TWO-STORY CBS APARTMENT BUILDING
TO THE DEPARTMENT OF FIRE, RESCUE AND INS-
PECTION SERVICES, ($9,288.00).
AUTHORIZE TO ACCEPT THIRTEEN (13) DEEDS
OF DEDICATION FOR HIGHWAY PURPOSES; INC....
AUTHORIZE "HERITAGE OF MIAMI" AS THE OFFICIAL
TALL SHIP REPRESENTATIVE VESSEL OF THE CITY
OF MIAMI AT ALL "OPERATION SAIL 1986" PROGRAM
ACTIVITIES; ETC...
86-242
86-243
86-244
86-245
86-247
86-248
86-250
86-250
0-1 C-1
UMENTINDEX
CONTINUED
DOCUMENT IDENTIFICATION
RESCIND RESOLUTION 86-72 (JANUARY 23, 1986)
WHICH HAD AUTHORIZE THE CITY MANAGER TO
INITIATE THE ACQUISITION OF 6 PARCELS IN
BLOCKS 44 AND 57 OF THE SOUTHEAST OVERTOWN/
PARK WEST REDEVELOPMENT PROJECT AREA.
CANCEL THE LIQUIDATED DAMAGES ASSESSED
AGAINST MET CONSTRUCTION, INC. IN CONNECTION
WITH THE CONSTRUCTION OF THE CITY OF MIAMI/
UNIVERSITY OF MIAMI/JAMES L. KNIGHT INTER-
NATIONAL CENTER - ENTRANCE CANOPY; ETC...
AUTHORIZE AMENDMENT OF LEASE AGREEMENT
(SEPTEMBER 29, 1977) WITH ANTONIO MOLINA,
INC. FOR THE OPERATION OF A RESTAURANT
IN COUNTRY CLUB GOLF COURSE CLUBHOUSE.
AUTHORIZE MET DADE COUNTY TO ADVERTISE/
EVALUATE/ACCEPT BID OF VENDOR TO PROVIDE
LUNCHES TO ELIGIBLE CHILDREN DURING THE
SUMMER OF 1986; ETC...
DESIGNATE/APPOINT: MARIA CRISTINA BARRIOS
TO SERVE AS DIRECTOR OF THE FOUNDATION
ESTABLISHED BY THE DEVELOPER OF THE BAYSIDE
SPECIALTY CENTER AT BAYFRONT PARK (LOANS
TO MINORITY BUSINESS); ETC...
NAME ANTONIO MACEO MINI PARK (DOMINO PARK)
AT 1444 SOUTHWEST EIGHT STREET THE "MAXIMO
GOMEZ MINI PARK"; ETC...
REJECT ALL DEVELOPMENT PROPOSAL FOR REDEVE-
LOPMENT OF AFFORDABLE RENTAL HOUSING IN
MELROSE NURSERY AND CONVENTION CENTER SITES.
DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP
AMPHITHEATER IN BAYFRONT PARK AS UNIFIED
DEVELOPMENT PROJECT. AUTHORIZE DRAFT OF
R.F.P.; SET PUBLIC HEARING DATE.
RATIFY/CONFIRM THE EMERGENCY PURCHASE OF
TYPESETTING, LAYOUT, AND PRINTING SERVICES
FROM REVIEW FINANCIAL PRINTERS, INC.
($6,000.00).
APPROVE CITY MIAMI CAPITAL IMPROVEMENT
PROGRAM 1985-1991 IN PRINCIPLE TO PROVIDE
GUIDELINES FOR CITY AGENCIES BOARDS AND
DEPARTMENTS.
86-251
86-252
86-253
86-254
86-255
85-256
86-258
86-260
86-262
86-264
OCUMENTI NDEX
CONTINUED
1.
DOCUMENT IDENTIFICATION COMMISSION
ACTION AND
RATIFY TO INCREASE THE AMOUNT IN THE CON- 86-265
TRACT AGREEMENT WITH SEPTEMBER AND ASSO-
CIATES EAST, INC. (MAY 17, 1983) RELATING
TO THE POLICE DEPARTMENT TRAINING SIMULA-
TOR; ETC....
AUTHORIZE CITY MANAGER TO ADVERTISE FOR 86-266
RECEIVE AND AWARD BIDS FOR THE PURCHASE
OF PORTABLE TELESCOPIC BLEACHER SEATING
OF INSTALLATION IN THE COCONUT GROVE EXHIBI-
TION CENTER ($170,000.00).
DASIGNATE/APPOINT CERTAIN INDIVIDUALS TO 86-267
SERVE AS MEMBERS ON THE AUDIT REVIEW COM-
MITTEE ESTABLISHED BY DADE COUNTY ORDINANCE
NO. 86-8 (FEBRUARY 4, 1986) TO PERFORM
AN ANNUAL REVIEW OF THE MIAMI-DADE WATER
AND SEWER AUTHORITY DEPARTMENT'S BUDGETS
AND SEGREGATION OF FUNDS.
APPOINT: DAVID RAYM STUART SORG, HUGH PA- 86-269
TRICK, RON FALKIE TO SERVE ON THE MIAMI
WATERFRONT BOARD.
APPOINT: RAUL GONZALEZ VIERA TO THE CITY'S 86-270
CODE ENFORCEMENT BOARD TO SERVE A TERM
EXPIRING FEBRUARY 9, 1987.
APPROVE THE ESTABLISHMENT OF GUIDELINES 86-271
FOR MINORITY AND WOMEN PROCUREMENT COMMITTEE.
WAIVE PROHIBITION AGAINST A CONTRACT WITH 86-272
FORMER CITY OFFICER WITHIN TWO YEARS AFTER
LEAVING THE CITY EMPLOYMENT FOR ROBERT
N. SECHEN, ESQ.
$' AUTHORIZE CITY ATTORNEY TO EMPLOY TWO LAW 86-273
FIRMS TO PERFORM LEGAL SERVICES TO THE
SOUTHEAST OVERTOWN/PARK WEST PROJECT AND
THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT
( $25, 000) .
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION 86-274
OF SANITARY SEWER IMPROVEMENT SR-5482-
,r.r C. ( CENTERLINE SEWER) .
F :.cu
m
! CONTINUED
I DOCUMENT IDENTIFICATION ----• •-•-�—�•� - __..__
1 nfflTAt\t 11 AtT f'�/1t1 t' A1i1
URGE THE UNITED STATES ATTORNEY FOR SOUTHERN
86-275
DISTRICT OF FLORIDA TO INVESTIGATE AND
PROSECUTE PURSUANT TO 22 U.S.C. §618 FOREIGN
AGENTS.
AUTHORIZE PROFESSIONAL SERVICES FROM BELA—
86-277
FONTE TACOLCY CENTER (BTC) TO PROVIDE IM—
PLEMENTATION/OPERATION OF JTPA TITTLE II—
B SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM ($279,250.).
ACCEPT IN PRINCIPLE THE DONATION OF A STATUE
86-268.1
(BUST) TO BE DEDICATED IN COMMEMORATION
OF NESTOR IZQUIERDO WHO DIED IN NICARAGUA
WHICH BE LOCATED AT APPROXIMATELY S.W.
8TH STREET 13TH AVENUE.
J.
CO —DESIGNATE N.W. 5TH COURT BETWEEN N.W.
86-281.2
60TH STREET AND N.W. 62ND STREET AS "RED
RAIDERS ROAD".
y.
SET POLICY REJECT ALL PUBLIC WORKS BIDS
86-282
WHERE LOWEST BID EXCEEDS BY A CERTAIN PER—
CENTAGE THE CITY'S ESTAIMATED COST.
`
AUTHORIZE CITY MANAGER TO EXECUTE A PRO—
86-283
FESSIONAL AGREEMENT WITH GOTLIEB'S FINANCIAL
"=
SERVICES, INC. FOR COLLECTION OF THE CITY'S
s`
RESCUE TRANSPORT USER FEE (SIX MONTH PERIOD
CONTRACT).
EXTEND TIME LIMITATION FOR CITY COMMISSION
86-285
APPROVAL OF CONSTRUCTION DISBURSEMENT SCHE—
DULE FOR CONSTRUCTION OF MODERATE HOUSING
UNITS OFF CLAUGHTON ISLAND (AT SHELL CITY
r is
AND EAST LITTLE HAVANA SITES).
n
URGE FLORIDA LEGISLATURE TO ADOPT CRITERIA
86-286
FOR DOWNTOWN DEVELOPMENT AUTHORITIES AS
r
INDEPENDENT SPECIAL DISTRICT.
ACCEPT BID OF COBIA BOAT CO. FOR FURNISHING
86-287
TWO (2) PATROL VESSELS, OUTBOARD MOTORS,
TRAILERS AND MISCELLANEOUS EQUIPMENT TO
.
THE DEPARTMENT OF GENERAL SERVICES ADMINIS—
TRATION ($88, 007.00).
DOCUMENTINDEX
CONTINUED
DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL
ESTABLISH BONUS POLICY ON ACQUISITION OF
86-289
LAND PARCELS; POLICY FOR RELOCATION OF
BUSINESSES DISPLACED BY SOUTH DISTRICT
POLICE SUBSTATION SITE.
AUTHORIZE OFFERS TO LAND OWNERS FOR CITY'S
86-290
ACQUISITION OF REAL STATE WITHIN THE SLUTH
DISTRIC POLICE SUBSTATION SITE.
APPROVE THE REQUEST OF BELLE MEADE HOME-
86-291
OWNERS'S ASSOCIATION, INC. TO IMPLEMENT
ON A PERMANENT BASIS THE PROHIBITION OF
VEHICULAR ACCESS TO N.E. 72 TERRACE, N.E.
73 STREET, N.E. 74 STREET, N.E. 75 STREET,
AND N.E. 77 STREET AT THE EASTERLY SIDE
.�:
OF N.E. 6TH COURT; ETC....
`1$ p
CLAIM SETTLEMENT: RAFAEL ALFONSO, $800,000.
86-292
r+