HomeMy WebLinkAboutCC 1986-03-18 MinutesCOMMISSION
MINUTES
OF MEETING NEU ON March 18, 1986
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
MARCH 18, 1986
ITEM SUBJECT LEGISLATION PAGE
MO. MO.
1. PRESENTATIONS, PROCLAMATIONS, PRESENTED 1
SPECIAL ITEMS.
3/18/86
2.
DENY PROPOSED LEASE FOR CASINO
DISCUSSION
2-6
ESPANOL AT VIRGINIA KEY.
3/18/86
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3.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
6-7
NEW FUND: HISTORIC PRESERVATION
10084
DOWNTOWN" ($30,000).
3/18/86
4.
SECOND READING ORDINANCE: CITY
ORDINANCE
8
MANAGER TO ISSUE PERMITS FOR WINE
10085
OR BEER.
3/18/86
5.
SECOND READING ORDINANCE: CREATE
ORDINANCE
9
"YOUTH ADVISORY COUNCIL" (SEE LABEL
10086
35).
3/18/86
6.
SECOND READING ORDINANCE: REQUIRING
ORDINANCE
10-19
THE REGISTRATION OF LOBBYIST.
10087
3/18/86
7.
FIRST READING ORDINANCE: AMEND 1 OF
FIRST
19-22
9129 - WHICH AUTHORIZES ISSUANCE OF
READING
$30,000,000 STREET AND HIGHWAY
3/18/86
IMPROVEMENT BONDS BY STRIKING TABLE
OF MATURITIES; ETC.
-
8.
FIRST READING ORDINANCE: ISSUANCE
FIRST
22-23
OF $45,000,000 FOR SANITARY SEWER
READING
BONDS.
3/18/86
9.
AMEND SEC. 1 OF RES. 80-774
R-86-174
23-24
(PROVIDING FOR THE ISSUANCE OF
3/18/86
S30,000,000/STREET AND HIGHWAY
IMPROVEMENT BONDS). BY STRIKING
TABLE OF MATURITIES; ETC.
10.
AMEND SEC 1 OF RES. 80-773
R-86-175
24
(PROVIDING FOR THE ISSUANCE OF
3/18/86
$45,000.000 OF SANITARY SEWER
BONDS). BY STRIKING TABLE OF
MATURITIES; ETC.
11.
CONSENT AGENDA
24-29
3/18/86
11.1
GRANT REQUEST OF JOSEPH FRASCA TO
R-86-176
29
`
DISPENSE BEER AND WINE FOR ONE DAY
3/18/86
IN CONNECTION WITH A WEDDING AND
RECEPTION MARCH 22, 1986. IN ALICE
B. WAINWRIGHT PARK.
T11-
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11.2
GRANT REQUEST OF FRIENDS OF THE
R-86-177
29
JAPANESE GARDEN TO SELL BEER AND
3/18/86
WINE IN CONNECTION WITH THE FOURTH
ANNUAL SPRING FESTIVAL ON WATSON
ISLAND. APRIL 26 AND 27, 1986.
11.3
GRANT REQUEST OF CASA DE SANTA
R-86-178
29
MARTA DE ORTIGUEIRA EN MIAMI, TO
3/18/86
SELL BEER AND WINE AT ANNUAL PICNIC
ON APRIL 20, 1986, IN WATSON ISLAND
PARK.
11.4
GRANT REQUEST OF REAL CLUB SOCIAL
R-86-179
30
DEPORTIVO ESPANOL TO SELL BEER AND
3/18/86
WINE FOR ANNUAL "ROMERIA" FAMILY
PICNIC AND FESTIVAL, MAY 4, 1986,
IN WATSON ISLAND PARK.
11.5
STREET CLOSURE MARCH 28 AND 29,
R-86-180
30
APRIL 4 AND 5, 1986 FOR BLOCK
3/18/86
PARTY.
11.6
AUTHORIZE EXECUTION AND DELIVERY OF
R-86-181
30
$30,000 MIAMI HOUSING BONDS OF
3/18/86
1984, TO REPLACE LOST BONDS.
11.7
BID ACCEPTANCE: TERRY PARK FOR
R-86-182
30
BLACKSMITH/FARRIER SERVICE TO THE
3/18/86
DEPT. OF POLICE FOR ONE YEAR -
$7,600.
11.8
BID ACCEPTANCE: DR. RICHARD
R-86-183
31
TEMPLETON - $7,800. AND KNOWLES
3/18/86
ANIMAL HOSPITAL - $13,800 FOR 24
HOUR VETERINARY SERVICES FOR
MOUNTED PATROL HORSES AND CANINE
UNIT DOGS.
11.9
BID ACCEPTANCE: ROENCA
R-86-184
31
CORPORATION - $495,044.06 FOR N.W.
3/18/86
47 AVENUE HIGHWAY IMPROVEMENT B-
4505.
11.10
ACCEPT COMPLETED WORK OF CUYAHOGA
R-86-185
31
WRECKING CORP. - $148.816.64 FOR
3/18/86
BAYFRONT PARK AUDITORIUM -
DEMOLITION.
11.11
PLAT ACCEPTANCE - MIAMI HONDA
R-86-186
32
SUBDIVISION; AND ACCEPTING COVENANT
3/18/86
TO RUN WITH THE LAND.
11.12
AUTHORIZE ACCEPTANCE OF SEVENTEEN
R-86-187
32
(17) DEEDS OF DEDICATION FOR
3/18/86
HIGHWAY PURPOSES AND APPROVE
RECORDING OF SAID DEEDS IN PUBLIC
RECORDS OF DADE COUNTY.
11.13
NAME BLUE LAGOON PARK AT 5115 N.W.
R-86-188
32
7 STREET THE "GENERAL ANTONIO MACEO
3/18/86
PARK".
11.14
AUTHORIZE AGREEMENT WITH ZUCHELLI
R-86-189
32
HUNTER AND ASSOCIATES, INC TO
3/18/86
PROVIDE SERVICES RELATED TO
ECONOMIC STUDY OF THE MIAMI RIVER.
11.15
ALLOCATE $4,500 FOR USE OF ORANGE
R-86-190
33
BOWL STADIUM FOR PROCESSING OF
3/18/86
DOCUMENTS AND SWEARING -IN CEREMONY
FOR APPROXIMATELY 12,000
(NATURALIZATION CEREMONY).
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12. ORDER FLAGAMI SANITARY SEWER
IMPROVEMENT SR-5511-C.
13. BRIEF DISCUSSION AND DEFERRAL OF
PROPOSED RENAMING OF ANTONIO MACEO
MINI PARK TO "DOMINO MINI PARK" -
REFER TO MIAMI MEMORIAL COMMITTEE.
14. ESTABLISH NEW SPECIAL REVENUE FUND:
HAITIAN CHILD ABUSE EDUCATION
PROGRAM FY'86. ($54,545).
15. FIRST READING ORDINANCE
APPROPRIATIONS FOR LAW ENFORCEMENT
TRUST FUND.
16. PROCEED WITH R.F.P. PROCESS FOR
PURCHASE OF TWO NEW BOATS FOR
MARINE PATROL.
17. AMEND ANNUAL APPROPRIATIONS FIRST
READING ORDINANCE - TO ACCOMMODATE
ADMINISTRATIVE CHANGES AND
REORGANIZATIONAL ORDINANCES.
18. FIRST READING ORDINANCE: COMBINE
DEPARTMENT OF PARKS AND DEPARTMENT
OF RECREATION INTO SINGLE
DEPARTMENT TO BE KNOWN AS THE
"PARKS AND RECREATION DEPARTMENT."
19. FIRST READING ORDINANCE: ABOLISH
THE TOURIST PROMOTION DEPARTMENT.
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20.
FIRST READING ORDINANCE: ESTABLISH
FUND: "PRESCHOOL PROGRAM."
x .
21.
DISCUSSION AND TEMPORARY DEFERRAL
OF IMPOSING "IMPACT FEES" ON
DEVELOPMENT (SEE LABEL #25).
22.
A) RECEIVE SEALED BIDS FOR
CONSTRUCTION OF NORTH RIVER DRIVE
HIGHWAY IMPROVEMENT B-4501: B)
DEFER AWARD OF BID FOR CONSTRUCTION
OF NORTH RIVER DRIVE HIGHWAY
IMPROVEMENT B-4501: C) DIRECT CITY
ATTORNEY TO DRAFT APPROPRIATE
WORDING TO ENSURE REJECTION OF
BIDS. WHICH UNREASONABLY EXCEED
PROJECTED COSTS.
23.
CONTINUED DISCUSSION RE PROPOSED
FIRST READING ORDINANCE ON "IMPACT
FEES". (SEE LABEL #21)
w'.
24.
ALLOCATION OF $57,000 FOR CERTAIN
SOCIAL SERVICE AGENCIES: WYNWOOD,
SOUTHWEST ORGANIZATION, AND
OVERTOWN DAY CARE CENTER.
$a
25.
DISCUSSION AND DENIAL OF REQUEST
FOR FUNDS BY REPRESENTATIVE OF
UNIVERSITY OF MIAMI FOR FUNDS TO
CURE SHORTAGE' IN RECENTLY HELD
A
EVENT.
26.
ESTABLISH 15-YEAR NON AD VALOREM
'
SPECIAL ASSESSMENT FOR METROMOVER
_
PROJECT.
R-86-191
3/18/86
M-86-192
3/18/86
33-34
34-35
ORDINANCE 36-38
10088
3/18/86
FIRST
READING
3/18/86
M-86-193
3/18/86
FIRST
READING
3/18/86
FIRST
READING
3/18/86
FIRST
READING
3/18/86
FIRST
READING
3/18/86
DISCUSSION
3/18/86
M-86-194
M-86-195
3/18/86
FIRST
READING
3/18/86
R-86-196
3/18/86
DISCUSSION
3/18/86
R-86-197
3/18/86
38-40
40-42
42-44
44-45
45-46
46-47
47-49
49-53
54-60
61-73
74-75
75-85
lip
27.
DISCUSSION OF CHARTER AMENDMENT TO
DISCUSSION
85-92
EXTEND THE MAYOR'S TERM FOR TWO TO
3/18/86
FOUR YEARS.
28.
ENDORSE CHALLENGER 7 CREW MEMORIAL
R-86-198
92-94
IN BAYFRONT PARK.
3/18/86
29.
PERMIT WALDEN WILLIAMS TO
R-86-199
94-95
PARTICIPATE IN HOME RENOVATION
3/18/86
PROGRAM.
30.
PUBLIC HEARING TO BE HELD IN
M-86-200
95-97
CONNECTION WITH N.W. 8TH STREET
3/18/86
ROAD HIGHWAY IMPROVEMENT H-4520.
31.
ACCEPTANCE OF $265,000 FROM DADE
R-86-201
97-99
FOR 1986 MIAMI WINTER GAMES.
3/18/86
32.
DISCUSS AND CONTINUE RENEWAL OF
DISCUSSION
99-100
INTERLOCAL AGREEMENT WITH TOURISM
3/18/86
INDUSTRY COALITION.
33.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
101-105
OF REPAIR PROJECTS ON S.W. 8TH
3/18/86
STREET. (SEE LABEL #37).
34.
ALLOCATE $90,000 IN SUPPORT OF THE
R-86-202
106-108
MIAMI DESIGN DISTRICT.
3/18/86
35.
RECONSIDER PREVIOUS VOTE ON AGENDA
M-86-203
108-109
ITEM 25, "YOUTH ADVISORY COUNCIL"
M-86-204
LOWER AGE REQUIREMENT OF BOARD
3/18/86
MEMBERS. (SEE LABEL #5).
36.
CONSTRUCTION OF ALLAPATTAH HIGHWAY
R-86-205
110
IMPROVEMENT — PHASE II.
3/18/86
37.
REQUEST D.O.T. TO EXPEDITE S.W. 8TH
R-86-206
111-112
STREET PAVING PROJECT (SEE LABEL
3/18/86
#33).
38.
ACCEPT COMPLETED WORK OF MIRA
R-86-207
112
CONSTRUCTION INC. FOR ALLAPATTAH
3/18/86
INDUSTRIAL HIGHWAY IMPROVEMENT
PHASE II BID "B".
39.
ACCEPT COMPLETED WORK OF M. VILA
R-86-208
113
AND ASSOCIATES INC. FOR EDISON
3/18/86
HIGHWAY IMPROVEMENT PHASE I BIDS
"A" AND "C".
40.
ACCEPT COMPLETED WORK OF P.N.M.
R-86-209
113-114
CORP. FOR CITYWIDE HIGHWAY
3/18/86
IMPROVEMENT PHASE I.
41.
ALLOCATE $3,100 FOR TICKETS FOR THE
R-86-210
114-116
UNDERPRIVILEGED AND SENIOR CITIZENS
3/18/86
FOR GOLD—DIGGERS EVENT AT GUSMAN.
42.
AUTHORIZE CUBAN MUNICIPALITIES FAIR
R-86-211
116-119
CORP. TO HOLD CARNIVAL AT FLAGLER
3/18/86
DOG TRACK .
43.
DISCUSSION BY DIVERSIFIED ECONOMIC
DISCUSSION
119-124
DIRECTION INC. RE: USE OF
3/18/86
BICENTENNIAL PARK.
44.
APPROVE ANN MARIE ADKER'S REQUEST
M-86-212
124-127
TO USE WILLIAMS PARK FOR CARNIVAL.
3/18/86
45.
COMMENTS REGARDING FIRING OF CHIEF
DISCUSSION
127-128
HARMS.
3/18/86
46.
SCRIVENER'S ERROR AFFECTING 2601
FIRST
129
S.W. 28TH STREET.
READING
3/18/86
47.
DEFERRAL OF ACQUISITION BY PURCHASE
DISCUSSION
129-132
OR CONDEMNATION OF LAND AT 37 GRAND
3/18/86
AVENUE.
48.
CENTRUST TOWER LEASE AGREEMENTS.
R-86-213
132-133
3/18/86
49.
DISCUSSION AND CONTINUATION OF
DISCUSSION
133-134
HOUSE BILL PCB CA 5, TO PROVIDE
3/18/86
PROTECTION OF BISCAYNE BAY.
50.
BRIEF COMMENTS AND DEFERRAL OF
DISCUSSION
134
PROGRAMS AT THE MIAMI SCOTTISH RITE
3/18/86
TEMPLE ASSOCIATION.
51.
BRIEF COMMENTS BY MAYOR SUAREZ ON
DISCUSSION
134
ROUSE COMPANY'S FINANCIAL
3/18/86
STATEMENTS.
52.
AMEND AGREEMENT WITH MARTIN LUTHER
R-86-214
135-139
KING ECONOMIC DEVELOPMENT CORP.
3/18/86
DEALING WITH THEIR MORTGAGE.
53.
DISCUSSION AND DEFERRAL 'OF
DISCUSSION
140
AFFORDABLE RENTAL HOUSING IN
3/18/86
MELROSE NURSERY SITE.
54.
DEFERRAL OF DONATION TO F.I.U.
DISCUSSION
141-142
SPACE AT CITY MUNICIPAL JUSTICE
3/18/86
BUILDING FOR BIOMEDICAL RESEARCH
INNOVATION CENTER.
55.
PURCHASE FIVE PARCELS OF LAND
R-86-215
142-145
WITHIN THE S.E. OVERTOWN/PARKWEST
3/18/86
REDEVELOPMENT AREA.
56.
ALLOCATE $1,000,000 TO BAYSIDE
R-86-216
145-148
MINORITY FINANCING PROGRAM AS
3/18/86
FINANCIAL ASSISTANCE TO MINORITY
ENTREPRENEURS.
57.
A) DISCUSSION REGARDING BOARD
DISCUSSION
148-151
COMPOSITION OF MIAMI CAPITAL
R-86-217
DEVELOPMENT CORP. B) APPOINT J•.L.
3/18/86
PLUMMER AS MEMBER OF BOARD OF
DIRECTORS OF MIAMI CAPITAL
DEVELOPMENT INC.
58.
DISCUSSION REGARDING IMPASSE
DISCUSSION
151-152
REACHED IN LABOR NEGOTIATIONS FOR
3/18/86
FIREFIGHTERS (SEE LABEL #64).
59.
DISCUSSION REGARDING PROPOSED MIXED
DISCUSSION
152-160
USE PROJECT IN COCONUT GROVE (NEW
3/18/86
PLAYHOUSE FACILITIES FOR COCONUT
GROVE THEATRE/PARKING
-
FACILITIES/OFFICE—RETAIL SPACE)
60.
PURCHASE ONE PARCEL OF LAND IN S.E.
R-86-218
160-167
OVERTOWN/PARKWEST AREA ("THE MIAMI
3/18/86
RESCUE MISSION").
61.
RESCHEDULE SECOND REGULAR
R-86-219
167-169
COMMISSION MEETING DATE FROM APRIL
3/18/86
17TH TO APRIL 22, 1986.
62.
SET 2:00 P.M. AS TIME OF
R-86-220
169-170
COMMENCEMENT OF CITY COMMISSION
3/18/86
MEETING OF MARCH 27, 1986.
63.
CLAIM SETTLEMENT: JOSE FERNANDEZ
R-86-221
170-171
(S50,000).
3/18/86
64.
DISCUSSION REGARDING STATUS OF
DISCUSSION
171-176
LABOR NEGOTIATIONS (POLICE,
3/18/86
SANITATION AND FIRE DEPARTMENTS)
(SEE LABEL 458).
65.
DESIGNATE MIAMI REVIEW TO PUBLISH
R-86-222
177
ASSESSMENT LIENS.
3/18/86
66.
A- DISCUSS DEFER PROPOSED
DISCUSSION
178-183
RELOCATION OF BUSINESSES DISPLACED
3/18/86
BY PUBLIC ACQUISITION OF REAL
ESTATE WITHIN LITTLE HAVANA POLICE
SUBSTATION SITE; B- DEFER OFFERS
FOR PUBLIC ACQUISITION OF REAL
ESTATE PROPERTY WITHIN THE LITTLE
HAVANA POLICE SUBSTATION SITE.
67.
PURCHASE OR CONDEMN LAND LYING
R-86-223
183-184
BETWEEN N.E. 60TH STREET AND N.E.
3/18/86
71ST STREET (ON BISCAYNE BAY) TO BE
r
USED FOR PARK AND/OR MARINA
PURPOSES.
68.
APPOINTMENTS TO CITY MIAMI LATIN
R-86-224
184-186
QUARTER REVIEW BOARD (TESSI GARCIA,
3/18/86
CARLOS MENCIO, AND PELAYO FRAGA).
69.
APPOINTMENT TO ZONING BOARD.
R-86-225
186
(GEORGE BARKET).
3/18/86
70.
APPOINTMENT TO PLANNING ADVISORY
R-86-226
187
BOARD. (ELLA HADLEY).
3/18/86
71.
APPOINTMENT TO SPORTS & EXHIBITION
R-86-227
188-189
AUTHORITY. (MONTY TRAINER).
3/18/86
,a
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3
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 18th day of March, 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 9:13 A.M. by Mayor Xavier Suarez
with
the following members of the Commission found to be present:
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: Commissioner Rosario Kennedy
•
Vice -Mayor Miller J. Dawkins
�i
ALSO
PRESENT:
r
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
Walter Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a
pledge of allegiance to the flag.
1.
PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS.
i
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1. COMMENDATION A PLAQUE: presented to James T. Buven, Outstanding Employ-
ee of the Year for the City of Miami.
2. RETIRi B= PLAQUE: presented to William R. Payton.
NOTE: Commissioner Kennedy entered meeting at 9:19 A.M.
3. PROCLAMATION: presented to Sandra Frick Miss Miami 1986 Day.
4. CERT. OF APPRECIATION: presented to Captain Joseph Maggio, owner of the
schooner 'Heritage of Miami', expressing support and appreciation for
renaming his vessel.
5. PROCLAMATION: Gold Diggers Day. Congratulating this musical group on
their loth anniversary.
NOTE FOR THE RECORD: AT THIS POINT, ITEM NO. 1
WAS WITHDRAWN BY THE APPLI-
CANT. THE FOLLOWING ITEMS WERE DEFERRED AT
VICE -MAYOR DAWKINS' REQUEST
BECAUSE HE WAS NOT ABLE TO ATTEND THE MEETING:
ITEMS 36, 55, 56, 68 and 76.
T,
ITEM 67 WAS CONTINUED TO APRIL LOTH AT 11:30 A.M.
6'
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ld 1
March 18, 1986
{
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? 2.DENY PROPOSED LEASE FOR CASINO ESPANOL AT VIRGINIA KEY.
Mr. Carollo: Now, Mr. Mayor, on item 1, which we all received the request
only yesterday, asking for it to be deferred. This item, at the last Commis-
sion meeting, it was agreed that it would be made the first item of the agenda
today, based upon the individuals from Casino Espanol that insisted that it
be the first one at the next meeting, and have complained quite strongly of
the fact that we hadn't heard this item before and taken a vote on it. I,
therefore, would like to go ahead and resolve item 1 today. It is a regularly
scheduled item for the agenda today.
Mrs. Kennedy: I think it is only fair that we go ahead with it. They com-
plained that they have been here 9 or 10 times, and you know - it is only
fair, that it is scheduled and we are here to hear it.
Mayor Suarez: Do we have anyone representing the applicant?
Mr. Ricardo Martinez: Yes I am Ricardo Martinez , S.E. Financial Center.
This is the tenth time that we are before the Commission, and we respectfully
submit that an item of this nature deserves the hearing of the full Commis-
sion. Unfortunately, Commissioner Dawkins is not here, and therefore, we
again respectfully request that it be postponed to the next hearing.
Mr. Carollo: Sir, number one, Commissioner Dawkins did not request this item
to be deferred. He did request for other items to be deferred, but he did not
request for this specific item to be deferred, therefore, he did not have that
great of a concern whether it would be heard today, or not, otherwise he would
have asked for it to be deferred, like other items that he had. Secondly, you
knew for quite some time that this item would be heard today. It was known
for quite some time that Commissioner Dawkins would not be here at this
meeting today, and only yesterday you sent a letter asking for it to be
deferred, and just as you started here today saying that this is the tenth
time you have been here, this is the main area that we have all been hearing
about your small group complaining that this hasn't come to a head. Well,
what I am saying is, we are going to bring it to a vote today. It is a
regular scheduled item on the agenda, and I think it should be brought to a
vote now, as you have requested many times in the past.
a
Mr. Martinez: It has been regularly scheduled for the last nine times also,
and you chose to postpone it every other time. At this time again, out of
f
courtesy, we request that it be done one time at our request.
Mayor Suarez: Well, let me just clarify one thing. As far as Commissioner
Dawkins not being present today, I don't know when the rest of this Commission
found out about it, but that last day that I was here presently in the City of
Miami, I think it was last Tuesday, was when Commissioner Dawkins informed me
for the first time, and how your clients would be expected to know, you know,
at any time prior to the last couple of days, if at all, in time to get a
letter to us telling that you wanted us to defer the item. We do have a
policy of not deferring items unless a good reason is stated. You have stated
that one Commissioner is not present. That is at least partially a good
reason. It is certainly one that we haven't had before us up to this point,
and I want to hear how the rest of the Commission feels about it. Commission-
er Kennedy, do you want to proceed?
Mrs. Kennedy: I have expressed I would like to proceed with this item.
Mayor Suarez: I am not going to take a personal prerogative and simply
postpone the item. Commissioner Plummer, what is your pleasure? ... because we
could end up with a two -two vote on this item on a deferral of the item.
Mr. Plummer: Mr. Mayor, there are certain unwritten rules among the Commis-
sion, and that is one of them has always been, and it is an unwritten rule,
that an applicant has a right to have a full Commission, and that they are
usually granted one deferral. Now, I don't recall if in any of the so-called
10 appearances that they have been here that a deferral has been granted upon
the fact that there was not a full Commission. I feel that they have the
right to have a full Commission, and I would vote that way.
,~.
ld 2 March 18, 1986
k Mr. Carollo: J. L. out of respect, I strongly disagree that there is an
unwritten rule that an applicant has a right to defer for the reason that you
mentioned. or any other reason, particularly in items such as this. These
people have been screaming, attacking some of us in the Commission, because we
haven't heard this matter before. Unless there are three votes here that want
to defer this item, I want to go ahead and listen and vote upon this item that
has been scheduled for today's agenda.
Mayor Suarez': The problem is, that it looks like from what
Commissioner
Plummer expressed his vote to be in the past, that he would vote
in favor of
the lease. I have expressed the same thing. Commissioner Kennedy,
I believe,
has serious reservations about it, as do you. I don't know that
there is any
motion that can pass, so to have the exercise of futility of going
through it,
I mean, I am willing to go through it. I would, I myself, make
a motion to
defer the item in accordance with what we have done in the past,
but I don't
think that would pass either, so we are really wasting time.
,
Mr. Plummer: No action, Mr. Mayor, it is my understanding, it is
automatical-
ly continued.
•�
Mayor Suarez: It amounts to an automatic deferral, as far as
I can tell,
but...
Mr. Carollo: No, if we take action in voting upon this, it not a
deferral.
"a
Mayor Suarez: But, no motion will pass. You go ahead and make the motion, if
you want, Commissioner. You can move, you can.....
'
Mr. Carollo: All right, there are plenty of representatives here from the
Casino Espanol, all the same ones that have been here in the
past - the
president, the officers are here.
Mr. Martinez: That is incorrect. There are about maybe 5 or 6
people here.
We usually have about 30 people here - 25 people.
}
Mr. Carollo: No, sir, you usually have about 10 people here.
Mr. Martinez: We don't make noises. They don't make noises when we have a
lot of people here.
Mr. Carollo: Maybe some of the people in the media that you have tried to use
to pressure this Commission aren't here
today, but, all of
the same people
that usually are here, are here today.
U
hi
Mr. Martinez: Again, you keep badgering
these allegations -
personal sllega-
"`'.
tions about whether I knew this......
Mayor Suarez: Waitl One at a time, if
we are going to get
into a personal
thing. Commissioner Carollo, do you want
to make a motion to
deny the appli-
cation?
q Mr. Carollo: I would like to give the applicants again.... and, you know, he
is a representative here.
Mayor Suarez: They choose not to make any additional statements, is that
correct?
#Zr : w$
q.. _. Mr. Martinez: We have no other statements to make at this time.
Mr. Carollo: You do not want to make any additional statements, sir, for the
record...
Yt{ Mr. Martinez: No, we don't.
Mayor Suarez: Except that they have requested deferral of the item. That is
:.. m all.
Mr. Martinez: And to make a personal plea to Commissioner Kennedy that the
last time this matter was postponed out of courtesy to her from the other
Commissioners, and we respectfully request the same thing in our behalf.
Id 3 March 18, 1986
Mrs. Kennedy: I'm sorry - what did you say?
Mr. Martinez: The last time this item was postponed out of a unwritten rule,
it appears, on your behalf, and this time I would like to make a personal plea
to you to have the same courtesy with us as the other Commissioners that were
here the last time.
Mrs. Kennedy: But, it is a different set of circumstances.
Mr. Martinez: It is a plea that I must make. Thank you.
Mrs. Kennedy: See, if Commissioner Dawkins would have requested this item to
be taken out of the agenda, as I did the last time on that other item. I would
definitely have voted for that. He is not here. He withdrew some items, but
not this one. That is the way I see it, and that is the difference between
the two.
Mr. Carollo: Well, if they have no further statements to make, and everything
they have stated into the record is what we could base our opinion on - you
know, they have been given the opportunity again to make any additional
statements that they would like to, and they have refused to do so, therefore,
at this point in time, I would like to make a motion to approve this item.
Mrs. Kennedy: And I second that motion.
Mr. Plummer: To what?
Mrs. Dougherty: To approve?
Mr. Plummer: Call the roll.
Mr. Carollo: That is correct - to approve the item.
Mrs. Kennedy: To approve, that is put in the agenda.....
Mr. Carollo: To approve Resolution one that's before us.
Mr. Plummer: No, nol No, nol
Mayor Suarez: "Authorizing execution of a lease agreement..."
Mr. Plummer: To approve the item.
Mr. Carollo: Yes, approve resolution one authorizing the agreement.
Mayor Suarez: It has been moved. Do we have a second?
Mr. Plummer: I second it.
Mayor Suarez: Moved and seconded. Discussion from the Commission:
Mr. Plummer: Madam Clerk, under discussion - read me back the motion.
Mr. Carollo: For the record, I would like to make it as clear as possible,
that no one has pressured me to take the stand that I have now in making the
motion to approve this resolution.
Mr. Plummer: Madam Clerk - slowly, read back the motion.
Ms. Hirai: We are approving agenda item 1, as stated on the agenda.
Mr. Plummer: Thank you.
Mayor Suarez: If the motion passes, the City Manager is authorized to enter
into a lease with Casino Espanol as per the terms previously discussed.
-. Mr. Carollo: Exactly.
Mayor Suarez: There is a motion and a second. Do we have any further discus-
sion from the Commission? Hearing none, please call the roll.
ld 4 March 18, 1986
Thereupon, a motion to authorize execution of a lease agreement with
t
Casino Espanol, duly made by Commissioner Carollo, and seconded by Commis-
z.
sioner Plummer, was defeated by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
*
NOES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
ABSENT: Vice -Mayor Miller J. Dawkins
Mayor Suarez: Motion does not pass. Do we have any other motions from the
Commission?
<
Mr. Carollo: No, sir. It was a motion for it to be passed. Therefore, since
4;..
it was a 2 to 2 vote, and there was not a third vote for approval, it fails.
='
Mayor Suarez: It is the same thing as not passing. The motion has failed.
That does not preclude you to come back at any other time you want and bring
your matter before the Commission. Do we have any other discussion of this
item, or any other motions relevant to it?
16,
Mr. Odio: Mr. Mayor, I need clarification on this from the City Attorney,
please.
y
Mrs. Dougherty: A new R.F.P. would have to be solicited.
Mr. Carollo: That is correct. A new R.F.P. would have to be issued and we
would have to go and open the process, and this time make sure
and advertise
it, so that other people, if the City insists on giving this
piece of land
that is worth about $2,000,000 away, for $3,000 a year, now
we can go an
advertise it very openly, unlike before, so that other people,
that would be
willing to give the City of Miami more money for this piece of
land will have
x
xg.
1,
the opportunity to participate in the bid process.
k
Mr. Martinez: Thank you for your vote. The only question is
within parlia-
mentary procedure you can't make a motion and vote against it. You might
just have bought yourself a lawsuit.
Mr. Plummer: Sure you canl
:.
Mr. Carollo: Absolutely, sir.
Mayor Suarez: Madam City Attorney, now, if we want to, once again, enter
into negotiations and execute a lease, we must follow through
the R.F.P.
procedures, is that what you are saying?
Mrs. Dougherty: That is correct.
Mr. Plummer: Question.
Mayor Suarez: I thought we didn't do that in this case, because it was a
simple lease of City land.
Mrs. Dougherty: We did have an R.F.P.
Mr. Plummer: We did have an R.F.P. They were the only bidders.
Mayor Suarez: There was an R.F.P.? They were the only bidders?
Mr. Plummer: Question to the City Attorney.
Mr. Carollo: The problem is...
Mayor Suarez: Wait, Commissioner. Go ahead, Commissioner Plummer.
Mr. Plummer: Under our regulations, can the absent Commissioner reopen the
issue?
Mrs. Dougherty: I don't know of any regulation that would permit that, but I
will research it between now and the next Commission meeting. I don't know
of any regulation that you have that would permit that.
Id 5 March 18, 1986
w
Mr. Carollo: There are none, J. L., but the City Attorney can spend addition-
al time looking for it.
Mr. Plummer: OK.
NOTE FOR THE RECORD: AGENDA ITEMS 18 AND 53 WERE WITHDRAWN BY THE ADMINISTRA-
TION.
NOTE FOR THE RECORD: COMMISSIONER CAROLLO LEFT THE MEETING AT 9:42 A.M.
3. SECOND READING ORDINANCE: ESTABLISH NEW FUND: 'HISTORIC PRESERVATION
DOWNTOWN" ($30, 000)
Mayor Suarez: Item 23
Mr. Odio: Agenda item 23.
Mayor Suarez: Who do we hear from on this, Mr. City Manager?
Mr. Odio: Sergio Rodriguez. The Commission passed a resolution accepting
this grant on January 23, 1986. It does involved the establishment of a new
special revenue fund, entitled "Historic Preservation, Downtown". The State
is contributing $15,000. The City is matching $15,000 in the form of in -kind
services by the Planning Department staff. Funds must be expended by Septem-
ber 30, 1986. Go ahead, Sergio.
Mr. Plummer: What is this money going to be used for?
Mr. Rodriguez: This is the second reading of what you approved already. It
is the money for historic designation of downtown, and we are getting a
match - a $15,000 grant from the State, and you passed it on first reading
last time.
Mr. Plummer: What is the money going to be used for?
s Mr. Rodriguez: I am saying for the historic designation district of downtown.
That is part of the D.R.I. portion of downtown. The $15,000 will be given to
us and will be matched by in -kind services, so it will not cost us anything
and we will accomplish something.
Mr. Plummer: Move item 23.
Mrs. Kennedy: Second.
Mayor Suarez: It has been moved and seconded. Any discussion? Mr. Rolle?
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD,
BY TITLE ONLY).
Mr. Wellington Rolle: Mr. Mayor, members of the Commission, my name is
Wellington Rolle. I live in the City of Miami. Could we ask, Mr. Mayor, that
Mr. Rodriguez identify the boundaries around the proposed, the so-called
historic preservation downtown? What are those boundaries? Is there a map or
anything that you can display on this?
Mr. Rodriguez: Sir, as part of the historic designation of downtown, what we
are going to try to do is, the area that is covered under the Master Plan of
downtown that includes the Omni area that has been before the Commission
several times already, and also the C.H.D. Including part of S.E. Overtown
Park West, and the Brickell area, that is part of the Master Plan process that
we are going through. You understand the areas?
Mr. Rolle: Mr. Mayor, I
would ask them to either display a map on the walls
so we all can see what we are talking about, because what Mr. Rodriguez is.
saying now simply does not
match with what we know, who have lived here for a
lifetime to be historic
downtown. Omni is not historic downtown, nor is
Brickell, so I would ask,
Mr. Mayor, that this matter be deferred, or that Mr.
Rodriguez display the map
so we can look at what we are talking about.
�a
f*`
id
6 March 18, 1986
■
O
/`
Mr. Rodriguez: If you pay attention to what I am saying, I might be able
to...
Mr. Rolle: No, you need to listen up.
Mayor Suarez: Wait, wait! Wait, Wellington, now he is talking. Go ahead,
Mr. Rodriguez.
Mr. Rodriguez: We have been before the Commission on different occasions
already, about five or six different times, in relation to a Downtown Master
Plan. In the downtown Master Plan, we have identified very clearly the
boundaries of the area which is under consideration, and that will be brought
before the Commission in the immediate future, within the following year.
This plan, for the Downtown Master Plan, includes the area of Omni, and is
defined in a map that has been brought to the Commission before. It also
includes the downtown C.B.D. area that includes Southeast Overtown, Park West,
and also the Brickell area. It does include the three areas.
Mr. Rolle: Mr. Mayor, I know that the City has a State obligation to have a
Master Plan in the City, what I am simply saying for the benefit of the
. citizens of the City of Miami, we need to lie that plan on the table now, and
not talk about a year later that you are going to come back and present this
particular portion of the plan as a historic district. I think it is impor-
tant that that information come first and be included, and all of us agree to
the fact that this is what we are talking about.
Mr. Plummer: I will amend my motion to indicate that we accept the grant of
money, but none of it be expended without Commission approval.
Mr. Rolle: Thank you.
Mrs. Kennedy: I will second that motion.
Mayor Suarez: So moved and seconded. It is an initial motion amended. Can
we go ahead and proceed to a roll call, or do we need to read the ordinance
one more time, Madam City Attorney?
Mrs. Dougherty: It has already been read.
Mayor Suarez: OK, please call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "HISTORIC PRESERVATION: DOWNTOWN", AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
AMOUNT OF $30,000, CONSISTING OF A $15,000 GRANT FROM
THE STATE OF FLORIDA: DEPARTMENT OF STATE; AND $15,000
FROM FISCAL YEAR 1985/86 GENERAL FUND; PLANNING
DEPARTMENT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of February 13, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Kennedy,, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
`'' NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
� S
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10084.
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.
ld 7 March 18, 1986
4. SECOND READING ORDINANCE: CITY MANAGER TO ISSUE PERMITS FOR WINE OR BEER.
Mayor Suarez: Agenda item 24.
Mr. Odio: This is authorizing the City Manager to issue a permit to...
Mr. Plummer: Move it.
Mr. Carollo: Second.
Mayor Suarez: This would take some items off the agenda, presumably?
Mr. Odio: Yes.
Mayor Suarez: It has been moved and seconded. Any discussion from the
Commission?
Mr. Plummer: With the amendment that no rock concerts be included.
Mrs. Dougherty: You have already got it there.
Mr. Odio: Sir, could you repeat that?
Mrs. Dougherty: It is already in there.
Mayor Suarez: It should be in there, right?
Mr. Odio: It's in there.
Mrs. Kennedy: That is what we said the last time.
Mayor Suarez: OK, are we sure it is in there, because Commissioner
Plummer...
Mr. Odio: Yes, sir, it is.
Mayor Suarez: All right, moved and seconded. Hearing no further discussion
from the Commission, please call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AUTHORIZING THE CITY MANAGER, ON SPECIAL
OCCASIONS AND FOR SPECIAL EVENTS OR PROGRAMS, TO
PERMIT THE SALE OR DISPENSING OF WINE OR BEER IN SOFT
CONTAINERS IN CERTAIN CITY PARKS; FURTHER ESTABLISHING
A PERMIT FEE OF $300 PER DAY FOR SAID SALE OF WINE AND
BEER.
Passed on its first reading by title at the meeting of February 13, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10085.
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.
ld 8 March 18, 1986
..A
5. SECOND READING ORDINANCE: CREATE "YOUTH ADVISORY COUNCIL" (See label 35)
Mayor Suarez: Agenda item 25, creating a Youth Advisory Council. This is
second reading.
Mr. Odio: Commissioner Dawkins requested this item. This Council shall be
composed of 15 members between the ages of 18 and 24. All of them shall
reside in the City, or have parents that have a business in the City, and
serve without compensation. This City Commission shall nominate three members
to the Council. No expenses shall be incurred by the Council, nor any expens-
es of Council members paid without Commission approval. That is basically a
summary of what we are doing here. It should be noted that the ordinance
shall provide reasonable secretarial and administrative aid in preparation and
distribution of agendas and minutes and other items requested by the Council.
I will assign somebody from my staff to work with the Council. I think it is
a very good thing for the City of Miami to have these young people involved
and Warren Butler will be working with them.
Mrs. Kennedy: Would this require any City funding?
Mr. Odio: No.
Mayor Suarez: Before any funds are expended, they must come before the
Commission.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: It has been moved and seconded. Any further discussion from
the Commission? Hearing none, please call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE CREATING THE "CITY OF MIAMI YOUTH ADVISO-
RY COUNCIL", PROVIDING FOR THE COMPOSITION OF THE
COUNCIL AND THE QUALIFICATIONS AND TERMS OF MEMBERS;
PROVIDING FOR THE POWERS AND DUTIES OF SAID COUNCIL;
PROVIDING A METHOD OF SELECTION OF OFFICERS; FURTHER
PROVIDING FOR MEETINGS, QUORUMS AND VOTES; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of February 13, 1986, was
taker, up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10086.
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.
NOTE FOR THE RECORD:
SINGER.
ld
KEY TO THE CITY PRESEWM TO ZK ANUEL., A POPULAR NUSIC
9
March 18, 1986
"A
6. SECOND READING ORDINANCE: REQUIRING THE REGISTRATION OF LOBBYIST.
Mayor Suarez: Agenda item 26. I believe the item was initially introduced by
Commissioner Carollo. The lobbying ordinance.
Mr. Carollo: Members of the Commission, the ordinance that we have before us
has one slight mistake, that apparently the City Attorney did not pick up.
It's one of her assistants was involved in it, and what has to be deleted in
there is that it was never our intentions to include, and I personally be-
lieve would probably be unconstitutional, is the fact that lobbyists should
disclose how much they make from clients. Everything else would stay with the
exception of that particular area. In fact, the only liberal government that
I know that any such laws exist, is at the Federal level, and that has to do
with registering foreign agents that have to disclose what foreign countries
pay them, and in that case. I think it is very appropriate, but no other level
of government has any such disclosure whatsoever on lobbyists, and I think
that if we would pass an ordinance that would include that, that section of
the ordinance would be unconstitutional. I am not in favor of that, and it
was never my intention to include that. I know that when we approved that on
first reading, we didn't hear the City Attorney, and she made a mistake and
repeated that, and right afterwards, I went up to her, and reminded her that
was not to be part of it.
Mayor Suarez: Why was it that we asked, if I remember correctly, whether this
was patterned after other lobbying statutes or ordinances, as we were told
that it was exactly patterned after the State...
Mrs. Dougherty: it is the State. The State has the exact language in it,
and so does South Miami.
Mayor Suarez: And they require that the person specify the amount of compen-
sation?
Mrs. Dougherty: Yes.
Mrs. Kennedy: The State does it?
Mrs. Dougherty: It is in your package, page 57.
Mr. Carollo: The State specifies that they have to disclose the exact amount
w
of compensation?
Mrs. Dougherty: The same language that we use - that is any remuneration from
any kind. It is on page 57. It is the third page in your package - section
x`
11.0453, "A lobbyist shall semiannually submit to the joint legislative
office, a signed statement under oath, listing all lobbying expenditures and
sources from which funds for making such expenditures have come."
Mrs. Kennedy: OK, one thing is sources from which funds for making such
expenditures have come, another is the amount, and that is the difference that
f".
I think that Commissioner Carollo is referring to.
Mr. Carollo: Yes, what we are discussing here, Lucia, is the amount of money
that
Mrs. Dougherty: Very good, I understand now.
Mayor Suarez: You know, if you want to match the language, to be very short
on this. Commissioner, I don't mean to interrupt you, if you take the word
"receipts" out of our proposed ordinance, you mirror exactly the State's, but
ours for some reason, includes receipts, expenditures and sources from which
'
funds... we don't have any problem with the idea of expenditures being re-
vealed.
Mr. Carollo: Expenditures should be revealed. That is part of our intention.
ld 10 March 18, 1986
Mayor Suarez: But receipts is compensation, which goes beyond the State
statute, it looks like to me.
Mrs. Dougherty: OK, I understand. Let me...
Mr. Carollo: I think the City Attorney understands what we are trying to get
to now, and again, for clearing up the issue as much as possible, our inten-
tion is not to force lobbyists to divulge how much they are paid by clients.
Mrs. Dougherty: Do you want to require them to list the expenditures?
Mr. Carollo: Yes.
Mrs. Dougherty: OK.
Mr. Carollo: To list the expenditures that they incur in representing that
client.
Mayor Suarez: I am a little doubtful on that myself, Commissioner, because
it would be that much more paperwork. You might want to, as long as you
deleting receipts, also delete expenditures, and leave it to use state the
sources.
Mr. Carollo: No, Mr. Mayor, I think you would take a major chunk from the
ordinance away from it if we would do that, because I think it is a legitimate
concern, and right for the public to know how much a lobbyist is spending in
promoting the client that he is representing, how much he is spending in
taking them out to lunch, dinner, entertainment, whatever, anyone that he
would be lobbying for that particular ordinance or...
Mrs. Dougherty: OK, by interlinestion then, let me amend section "e" on page
2 of our ordinance to read as follows:
"A lobbyist shall quarterly submit to the City Clerk's office a signed
statement, under oath, listing all lobbying sources from which funds for
making expenditures have come. Lobbying expenditures shall include, but
not be limited to, all expenses of any kind, or nature, on the behalf of
the lobbyist, and for expenses for lodging, meals, entertainment and
travel of the lobbyist, and the identity and the address of any guests.
Such statements shall be rendered on a form provided by the City Clerk's
office, etc."
So that would require the expenditures and the sources from which the funds
come. And the only other clarification, is, as I recall after the meeting,
Commissioner Carollo had asked whether or not this would include people who
are representing themselves, or somebody else for free. It does not include
that.
Mayor Suarez: I've seen the clarification.
Mr. Plummer: Does it include lawyers?
Mrs. Dougherty: It includes lawyers. However, it does not include lawyers
who represent people not seeking legislation, but instead, seeking an adjudi-
catory release, such as at the Code and Enforcement Board. It includes
lawyers...
Mayor Suarez: And I think zoning too, doesn't it?
Mrs. Dougherty: No, it does include lawyers representing clients before
zoning issues, because that includes legislation. And the other thing it does
include, you may want to exempt, is that it includes employees of corpora-
tions. For example, if Florida Power and Light has an employee whose inciden-
tal job is to also lobby, that would include that. You may want to exclude
that, if you want to.
Mr. Plummer: Why wouldn't it include lawyers that appear before the Commis-
sion in behalf of clients on zoning?
Mrs. Dougherty: It does include them.
Mr. Plummer: It does? Oh, ok!
id
11
March 18, 1986
3:
Mrs. Dougherty: Yes. It does not include lawyers representing people before
the Civil Service Board, or the Code Enforcement Board, because those are not
legislation, those are administrative, or adjudicatory sorts of relief.
g� j Y
.
t
"Al
l
Mr. Carollo: Can you read over the new language that you just wrote down,
Lucia, to make sure that it meets our intentions?
Mrs. Dougherty: Under "e":A lobbyist shall quarterly submit to the City
"
Clerk's office a signed statement under oath, listing all sources from which
funds for expenditures have come. A lobbying expenditure shall include, but
not be limited to all expenses of any nature, or kind, for on behalf of the
lobbyist, and expenses for lodging, meals, entertainment, and travel of the
lobbyist, and the identity and address of any guest. Such statements shall
be rendered on the form provided by the City Clerk's office, and shall be open
to public inspection. Such statements shall be filed even if there have been
no expenditures during a reporting period until such time as a notice of
withdrawal of lobbying activities is filed by the lobbyist".
i Mayor Suarez: Now I've got problems with it.
Mr. Plummer: Who puts these people on notice?
Mrs. Dougherty: Well, it would be the City Clerk's responsibility.
Mr. Plummer: In other words, every time a lawyer comes up here representing a
client in a zoning matter, it is going to be the responsibility of the Clerk
to so inform him that he has to file a report.
Mrs. Dougherty: Yes, it is the Clerk's responsibility.
Mr. Plummer: Next question. Assuming he comes today and represents a cli-
ent, but he doesn't represent another client before this Commission for five
years. Is he then bound to the quarterly reports, or only the quarters in
which he expended funds?
Mrs. Dougherty: He is bound to file quarterly reports so long as he is a
lobbyist, regardless of whether or not he is doing any expenditures.
'
Mr. Plummer: That's not the wording. The wording in here doesn't speak to
i=
lobbyists. The wording in this ordinance speaks to. "Persons employed, or
retained by principal seeking to encourage the passage, defeat, or modifica-
tion of any ordinance." It doesn't speak to lobbyists. Lobbyists have to
register.
Mrs. Dougherty: I don't think I understand the distinction. If you are
looking on page 3.
Mr. Plummer: A man comes here today, and he represents a client in zoning,
,',"
that automatically involves him in this ordinance, if passed?
Mrs. Dougherty: Right.
3; z
Mr. Plummer: All right. Now, that means quarterly reports?
Y�.
Mrs. Dougherty: Yes.
>^
Mr. Plummer: All right. He doesn't represent another client before this
Commission for five years. Is he then bound to file quarterly reports every
quarter thereafter?
Mrs. Dougherty: No.
�s
Mr. Plummer: Is it only for one? Is it only for two?
Mrs. Dougherty: Only for the period during which he is retained as a lobby-
ist.
Mr. Plummer: Only those quarters in which he expended money?
Mrs. Dougherty: Only during those quarters in which he is a lobbyist.
Id 12 March 18, 1986
Mr. Plummer: This does not speak to lobbyists.
Mrs. Dougherty: If he withdraws... Yes, it does, if you read the ordinance.
You are reading the title. Let me refer you to the ordinance itself, on page
3. "Such statements shall be filed even if there has been no expenditures
during a reporting period, until such time as a notice of withdrawal of
lobbying activities is filed by the lobbyist with the City Clerk."
Mayor Suarez: I will tell you, if we leave in there the requirement... I've
got all kinds of problems with the wording, now. For one thing, having taking
out "receipts", it isn't clear that they have got to disclose sources of
compensation, which is really, I thought, the initial intent, as opposed to
sources of expenditures, so that is one concern I have, in addition to the
concern expressed by Commissioner Plummer. It isn't particularly clear to me
when their lobbying registration requirements end in each case. Secondly, the
idea of requiring disclosure of expenditures really inures to the benefit of
the lobbyists, to tell you the truth, because they would love to be able to
keep track of all their expenditures, because they would want to try to claim
those as tax exemptions. The problem is, from our perspective, we are just
going to get swamped with unnecessary information. I don't know what purpose
we would have in looking at all the expenditures. We are not the I.R.S., we
are not really concerned about it, and it is going to be tons of stuff, that
we are going to be receiving from each lobbyist, as to where he had lunch, and
with whom, and if they split a fee in some manner, does that constitute an
expenditure? That becomes also a question, or is that... in other words, the
payment by a lobbyist of part of his fee to another person who is helping him,
is that an expenditure, or not? We have that question that comes up, and I
see enough troublesome language here to really be concerned about the effects.
One other, that could be very quickly cleared up, just by eliminating some
wording if this Commission were disposed to accept the ordinance as a whole,
is the issue of those who are exempted under paragraph 10 - they not only have
to be exempted by the definition in that paragraph, but in addition to that,
they have to declare that they are so exempted. Paragraph 10 says:
"Any person who merely appears before the City Commission, board, commit-
tee, City Manager or a member or staff thereof in an individual capacity
for the purpose of self -representation, or for representation of others
without compensation..."
The question Commissioner Plummer asked about.
Mrs. Dougherty: Mr. Mayor, I don't have a paragraph 10. Are you looking at
the City's ordinance? You are looking at South Miami's ordinance.
Mayor Suarez: OK. Maybe I didn't, carefully look at the wording of our own.
On an individual that is exempted, does he have to make a statement to the
effect that...
Mrs. Dougherty: No.
Mayor Suarez: OK.
Mr. Carollo: Now, I think if we water it down so much as to
not require a
lobbyist to publicly show the expenditures that they are making in promoting
the particular client that they are representing, is going to
defeat a large
area of what we are trying to accomplish. I think the public
has a right to
know how much a client through a lobbyist is spending in
promoting that
particular client, for whatever it might be. At the same time, I think that
it is going to make for a lot more of an open government than
we have had up
to now, and I again, you know, have to emphasize that what we
are discussing
here is an area that I believe is the right for the public to
be aware, and
would help in promoting much more open government.
Mayor Suarez: OK, I am now looking at the ordinance that is
before us, and
we have the same wording problem. It is paragraph "i", going
from page 3 to
page 4.
Mr. Carollo: Paragraph...?
Mayor Suarez: "i", and again has that requirement, Madam City
Attorney, that
{:
the individual "must so declare to the City Commission, Board,
Committee or
any member thereof". That means that every person that
appears, like
Id 13
March 18, 1986
■
a
Wellington Rolle, will initially
have
to make a declaration before he gets to
speak on any item, and we are
just
going to have an additional procedural
stumbling block there, and waste of
time. I would just delete any wording
that requires the individual to
so declare.
As long as he is exempted, he is
exempted, and that is all there
is to
it. He shouldn't have to make a decla-
r
ration to that effect. That would be
my feeling on it.
Mrs. Dougherty: So, everything
after
City Manager's staff, on page 4, 3rd
line down...
.>r
Mayor Suarez: Right.
;yam Mr. Carollo: But, would that cause a legal conflict later on though?
Mayor Suarez: No, when is, in fact, lobbying, assuming the ordinance other-
wise passes, he has to fulfill the requirements. When he is not, he doesn't
have to.
Mr. Carollo: Again, Madam City Attorney, do you think that might cause a
legal conflict later on if...
' Mrs. Dougherty: No. The only thing it would have - the effect it would have
is that we wouldn't have somebody declaring on the record that they are not
representing somebody else for compensation, so if you tried to convict
somebody later on for violating the ordinance, you would have a problem in
proof, but I am not so sure that it is really problematic to take it out.
Mr. Carollo: Well, that is exactly what I meant, and if we have a problem
later on, that particular problem arises, you are going to have a
heck of a
time proving that problem.
Mrs. Dougherty: I don't know as a practical matter that it is going to be
that problematic, given the nature of the kinds of people that
represent
themselves and other associations for free. We can always put it
back in if
it becomes a problem. We can make people swear under oath, take
an oath to
that effect, if it is a problem.
P,.:,i.
:y4__.' -.x.' Mayor Suarez: Do you know what the problem is? If an individual comes and
deals with the City Manager, or staff member, and forgets to make that
<F declaration, it is going to be a little bit Miranda warnings. Technically, he
=,. is in violation of the ordinance, and you know, the average citizen is not
going to be aware of the wording of the statute. He is not going to be
f,
�.t keeping, you know, a lawyer standing by, to tell him, to advise him that he is
Asa supposed to make that declaration before he speaks to any member of the staff,
�<<..'• or the City Manager, or before he appears before the Commission, and particu-
larly, when he comes to the Commission, we are not going to have to go through
in each case asking them if they declare that they are not acting for compen-
z„_;,;:. sation.
A Mr. Carollo: Well, I think what you are saying, Xavier, you know, has quite a
bit
of validity to it. At the same time though, I think that even
on the
other
part, if we are to take this part out, the responsibility should
fall to
the
Administration to make sure that everyone is made aware of what
the law
`A-z3
is,
even if we have to staple something to the desk here, so they can
see it
when
they come up before this Commission.
Mayor Suarez: Commissioner, it also applies when they meet with City Manager,
commissions, boards, committees. So, every time, before you begin any sort of
conversation, any private citizen, with any member of the staff here has to a
make that declaration. Otherwise, he is technically in violation and subject T
to a fine and imprisonment, in addition to the fact that it will probably be
held to be unconstitutional at some point, if applied in that fashion. I just
don't think we need that wording. I would strongly suggest to the proponent
of this ordinance that that wording be eliminated, but it is up to you.
:
Mr. Carollo: I have no particular problems with withdrawing that particular
wording from the ordinance. I don't think it is going to hurt the ordinance
that greatly by taking it out. I think it is a small portion of it, a very
small portion.
Mayor Suarez: Is there anything, Commissioner Plummer, we can do to alleviate
your concerns about to what extent this continues to apply to lawyers and so
on?
Id 14 March 18, 1986
Mr. Plummer: My only concern, I think, was resolved by the fact that he would
only have to report in those quarters which he expended funds.
Mr. Carollo: Exactly.
Mr. Plummer: That is it.
Mrs. Kennedy: It alleviates a lot of paperwork.
Mr. Plummer: Exactly.
Mr. Carollo: Sure.
Mayor Suarez: I still have the concern about the reporting of expenditures.
I consider that to be not particularly necessary and burdensome to the City to
keep track of all that paperwork, but I am not going to vote against an
otherwise valuable ordinance, for that reason.
Mr. Carollo: Let me give you an example, Mr. Mayor, why I think it is open
and is going to help open government a lot more than it is already. Right
now, if a lobbyist were to make any kind of expenditure beyond the require-
ments of the law, the only requirement for that to become public falls upon
that official, and it might not be until a year later that that official,
while filling out the State and County forms, does not have to declare the
expenditure that was made on his behalf, you know, much more after things
might have, been voted....
Mayor Suarez: You mean, if they spend money on public officials, like taking
them out to lunch, or taking them out on a...
Mr. Carollo: Lunch, you know, taking them out to the moon, anywhere! So, on
the other hand, if a lobbyist has to...
Mayor Suarez: I'd make sure it's a two-way ticket if it was to the moon.
Mr. Carollo: Every quarterly, then the most that will pass before that
becomes known publicly, will be three months.
t
Mayor Suarez: Commissioners, any further discussion? We don't have a pending
motion. Co ahead, Wellington.
Mr. Wellington Rolle: Mr. Mayor, Wellington Rolle, City of Miami. I have
':..t
great problem, and I have been trying to digest this proposal since I heard
-,.
about it the first time, and I think that this proposal. Commissioner, is
actually a sieve. This proposal will stop absolutely nothing. Let me give
you my thoughts on that. When this Commission amended portions of this
Charter, it had some strong recommendations from those persons in the Chamber
of Commerce. It had other business peoples to almost recite the language
-t
given to the Commissioner, the Mayor, whomever it was, that developed the
language that they wanted to go in a particular ordinance. I am talking about
a`l
that ordinance that came up that had a lot of citizens sitting on a board
deciding what type of major developments will take place. That ordinance
wasn't written primarily out of the Law Department. It was written in the Law
-=
Department at the suggestion of...
wK
Mayor Suarez: Are you talking about the Unified Development Project ordi-
nance?
'•
Mr. Rolle: Yes, sir, absolutely. Absolutely, and I've got a stack of that
information at my house, and I know exactly what it says, but what I am really
saying here is that, just take like the ordinances that Commissioner Dawkins
5
s.
asked to be removed from this agenda. If we take, and think in terms of if
somebody proposed an ordinance to an individual Commissioner. That Com-
missioner is not on the record to say to the people that this was proposed by
x
a,
"X" named individual or group, or whatever. It doesn't even say that. I
m
remember right back then in the committee room of the whole, where Martin
Fine sat back there with some of the members...
Mayor Suarez: Wait, you would have a problem with me on that. You would
suggest that a Commissioner must state who put into his mind the proposal, the
particular ordinance? We must have some, you know, freedom of thought. I
Id 15 March 18. 1986
mean, that would come under official immunity, if nothing else. I wouldn't
z
HP,
reveal to anyone why I had a particular idea to do a particular thing.
Mr. Rolle: The point I am making is that the Commission has the power to ask
"So
lam_
any individual standing at these microphones, and so, who do you repre-
'�,
sent? Do have interest in the project?" He is asked to put those answers on
the record. I don't think that patterning a lobbyist after a group that meets
two months out of a year in Tallahassee, for Commissioners who meet continual-
ly twice a month, all through the year, except for vacations, I don't see the
'
value of this type of... you are going to have a voluminous file of informa-
tion, you know, after the first three or four months, or you are going to have
':...:
people being very clever going around this particular ordinance, so all I am
saying, Mr. Mayor .. .
Mayor Suarez: You are not saying it is not far reaching enough. You are
saying it is just not well drafted.
'77
at
Mr. Rolle: It is not well drafted at all, Mr. Mayor, and I think that if you
have a chance to reflect on this and look at it, then you won't come up with
the kind of thing that... when the meeting I started to refer to in the
y;.
committee room of the whole, when Marty Fine sat there with Carrie Meek and
="
some other people of the Dade Delegation, on the doc-stamp bill, it comes out
of Carrie Meek' s bill, but I've got to copy that at the house as Marty Fine
said to me, So I know how this kind of thing works. I don't believe that it
is in the best interest of the City to institute this kind of legislation,
rather than for this Commission to ask the people on the record, when they
appear before the Commission, ask them who they represent, and do they have an
:k
interest, and I think that would serve the purpose that the citizens would be
concerned about. Number two, Mr. Mayor, if we can think back at a time when
this City awarded its cable television franchise, all we have to do is ask
'x-
those people who had a minority interest in it - 2 percent, 1 percent, or
whatever it is, and did you put any cash dollars. The answer would have been
_=
no, we didn't put that in, that the cable operator, or the cable owner is
s
:`L
putting up the money for us, and we don't have an investment to make, or you
would have asked the same thin about the 2 percent partners, and the Federat-
P
ed
ed who lost on the Bayside project, or the 5 percent partners who won on the
Bayside project. Ask them how many hard dollars that they put in. The answer
is going to come back, "no", they put in no hard dollars at all, so what I
am...
Mr. Carollo: I think, Wellington, you are getting into areas that have
nothing to do with the ordinance. Where I think you are missing the point of
the ordinance, this ordinance was not presented to stop anything. This
ordinance is only presented to open up the process to the public.
Mr. Rolle: Well, Mr. Commissioner, I certainly agree with you, that I would
like to be informed too, but I just don't think that this does it the way that
it is worded. I am sure that your intent is to open up the ordinance, you
know open it, and to provide the....
Mr. Carollo: See, but what you are telling us, as I understand it, is that
you don't think that, in agreement with Xavier, that the lobbyists should
report the expenditures that they are making on behalf of a client.
Mr. Rolle: Well, I don't think that the lobbyist should report that, Mr.
Commissioner. I don't think that is value here, because I know that in a
personal situation between two people. You know, I have been on a turnaround
flights from here to New York, or here to Atlanta. I've seen people in
government on the flight, and I am sure they are not going to tell you what
they talked about on those flights, so all I am saying to you is that there
are many, many loopholes that they can get around this, but if the Commission
sitting there, says to the guy who is talking here, who do you represent, are
you getting paid, or whatever, then you put it on the record.
Mr. Carollo: There are always loopholes that people try to find, and there
are always people that are going to not abide by the laws. but, the problem
is, that this here is being presented, is going to make government a lot more
open than it is already, and what you are saying is, since it doesn't meet
possibly every requirement that you might want to see, or we might want to
see, therefore, don't pass none of it, I don't agree with that.
Id 16 March 18, 1986
_ �
Mr. Rolle: Well, the reason that I raised it in the first place, Mr. Commis-
sioner, if I might, is that in the States' legislation - see, I am a regis-
tered lobbyist in Tallahassee - and I have to state what my interests are, you
know, in my forms.
Mr. Carollo: You are a paid registered lobbyist?
Mr. Rolle: What I am saying to you is that the language here says that they
are supposed to list a business address, the name and business address each
principal represented, and the general, specific area of his legislative
interest, and separate registration is required for each principal's inter-
.. ,l
est, and I think that is a bit much to have someone a committee that meets
once a month, rather than a committee that meets twice a year, I mean, two
months out of the year.
Mr. Carollo: Wellington, I think the more I've listened to you, I think you
have a direct conflict of interest with this ordinance.
Mr. Rolle: A direct conflict of interest?
Mr. Carollo: You are telling me you are a lobbyist, and basically, some of
the reasons you are opposing it, is because you are a lobbyist, and for
someone such as yourself, that I have respected, that has always come up
�+ here, in many occasions, trying to open up government even more, I am kind of
surprised that I am seeing you one time coming here, trying to close govern-
ment, as it has been, instead of helping us open it, like we are trying tot
Mr. Rolle: If I might offer the opposite view, Mr. Commissioner, I am not
trying to close government. I just want this to work. I don't like to have a
lot of legislation on the book that is not going to work and serve its intend-
ed purpose. That is my only complaint here, because, as I read through the
State legislation, and read through what is being proposed. I think it leaves
much to be desired, and I certainly don't want to spend your time and the
Commission's time discussing this thing back and forth, but I think it has
some defects, and if you can rewrite it, and close up many of the loopholes,
"m and I am sure that a lot of citizens, including myself, would certainly be
supportive of it. Thank you, Mr. Mayor.
Mayor Suarez: Thank you, Wellington. I think, actually, personally, just to
let you know how I feel, the point is very well taken, because what we have
done is, we have taken the big tooth out, which is the one that requires the
specification of the amount of compensation, and yet we have let all these
t>.. .
small teeth in, which are the ones that require the declaration of all the
expenditures, which is voluminous work, not necessarily, particularly impor-
tant to the Commission, or to the public at large. It is very important to
;..,.
Y
the I.R.S., of course, if they claim expenditures are not validly related to
°
the business being conducted.
&_
Mr. Carollo: As far as the big tooth, Mr. Mayor, that was never our intention
to have that there, particularly something that is definitely unconstitution-
'rt
ry
al, and no other level of government has that.
t-LL
Mayor Suarez: Well, as you mentioned, except for...
Mr. Carollo: Foreign registered agents, that is one area that I definitely
'
agree with.
Mayor Suarez: Right, following the same line of concern, with what is the
T:
essence of what is trying to be accomplished, which is to identify the indi-
t,.of
viduals who are coming before us, or any boards, or City Manager, or whatever,
and have a particular interest, you know, a financial interest in what they
are promoting, as opposed to an individual who might come here, simply be-
cause he is civic minded. As long as you require the disclosure of the
source of the expenditure to get the exact amount and specifics of the expen-
diture. seems to be somewhat unnecessary and burdensome. If it is a little
bit like the financial statement that we file here at the City Ball, when we
5
run for office as opposed to the State. The one we file only requires us to
state sources of income, and I believe, doesn't even require that we list the
properties that we own, does it?
Mr. Carollo: Well, there is another one you have to fill for that,
Id
17
Marsh 18, 1986
k,
Mayor Suarez:
Right. The
State one requires more specifics, and as long as
nr
someone knows
your sources
of income, your sources of compensation, they can
4..
usually have
a pretty good
idea who you are responding to, which I think is
the main concern
of your ordinance,
so once again, I would suggest, and that
doesn't mean
necessarily I
will vote against it, but it concerns me to have
4...
all this paperwork coming
in, because I have a feeling you are going to be
swamped with
all kinds of expenditure forms that we probably won't even
--.
particularly care about, but that is up to the Commission.
''-
Mr. Carollo:
I, you know,
respectfully disagree with that last statement, Mr.
Mayor, but if
you think we
have discussed it enough, I will call the question
now.
Mayor Suarez:
I certainly
don't have anything else to add. Any Commission-
ers?
'
Mr. Plummer:
As amended?
Mr. Carollo: As amended.
Mr. Plummer: Second.
• Mr. Carollo: I make a motion that this item be approved in a second reading.
Mayor Suarez: it has been moved and seconded. Any further discussion from
the Commission? Please call the roll.
Mrs. Dougherty: Mr. Mayor, I would just like to point out that the amendments
are located on paragraph "e", page 2, which will read as follows:
"A lobbyist shall quarterly submit to the City Clerk's office a signed
statement under oath listing all sources from which funds for making
lobbying expenditures have come. The lobbying expenditures shall
include, but not be limited to, all expenses of any nature or kind for
or on behalf of the lobbyist and for expenses for lodging, meals,
entertainment and travel, etc."
We deleted the word "receipts" on the third to the last line of that para-
graph. On page 4, we have deleted the following language:
"And who shall so declare to the City Commission, board, committee, or
any member thereof, and to the City Manager, or City Manager's staff
with whom such person discusses any proposed ordinance, resolution,
decision, or recommendation, shall not be required to register as a
lobbyist."
Mr. Plummer: Question. Is that "and/or" principal? Are you speaking only to
those persons who are registered lobbyists?
Mrs. Dougherty: The language I have just deleted only required those peo-
ple..... takes away the requirement from those people who are representing
themselves, or someone else pro-bono, from declaring on the record. That is
the only thing that
Mr. Plummer: Anyone else then would be a lobbyist?
Mrs. Dougherty: Yes.
Mr. Plummer: A lawyer would be a lobbyist.
Mrs. Dougherty: Yes.
Mr. Plummer: OK.
ld
18
March 18, 1986
r
.:4
AN ORDINANCE ENTITLED -
AN ORDINANCE PROVIDING FOR DEFINITIONS OF LOBBYIST AND
PRINCIPAL; REQUIRING THE REGISTRATION OF LOBBYIST ON
CERTAIN FORMS, REQUIRING QUARTERLY REPORTING OF
EXPENDITURES AND SOURCES OF FUNDS OF ALL PERSONS
EMPLOYED OR RETAINED BY PRINCIPALS SEEKING TO ENCOUR-
AGE THE PASSAGE, DEFEAT OR MODIFICATION OF ANY ORDI-
NANCE, RESOLUTION, ACTION OR DECISION OF THE CITY
COMMISSION OR SEEKING TO ENCOURAGE PASSAGE, DEFEAT OR
MODIFICATION OF ANY ACTION, DECISION OR RECOMMENDA-
TION OF ANY BOARD, COMMITTEE, CITY MANAGER OR THEIR
RESPECTIVE STAFF, PROVIDING EXCEPTIONS FOR PERSONS IN
THEIR INDIVIDUAL CAPACITY OF SELF -REPRESENTATION
WITHOUT COMPENSATION OR REIMBURSEMENT; PROVIDING FOR
PENALTIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of February 13, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10087.
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. FIRST READING ORDINANCE: AMEND 1 OF 9129 - WHICH AUTHORIZES ISSUANCE OF
$30,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS BY STRIKING TABLE OF
MATURITIES; ETC.
Mayor Suarez: Item 27, ordinance on first reading.
Mr. Odio: This item is related to item 44, by the way, Mr. Mayor. What we
want to do is remove the schedule of maturities that was stipulated with the
bond issue, so as to give the City maximum flexibility in scheduling the debt
repayment in order that we can obtain the lowest overall cost to the City,
and if we do this, by removing the schedule, we can ... the original schedule
f.
required the amount of principal to be repaid each year, regardless of the
A. market conditions. That's is item 27 and 28 in relation to 44 and 45 are
identical.
>,
Mrs. Kennedy: One is the ordinance, the other
is a resolution, right?
Mr. Odio: Yes. Ma'am.
ry,
Mr. Plummer: What are the rest of the bonds for those purposes? Are they ...
c
for how many years?
Mr. Carlos Garcia: Mr. Mayor and members of
the City Commission, the bonds
a
4
still will be from three to twenty year bonds.
They are serial bonds. All we
are trying to do at this time is eliminate
a table of maturities that was
}
adopted in 1980, and we'll come back to you before the bond sale to then adopt
a new table that will be in accordance with
the market conditions at that
time.
Id 19 March 18, 1986
r
Mr. Plummer: What are the previous bonds sold in these categories? What are
they? How many years, previous, not these.
Mr. Garcia: All of them have to be sold from three to twenty years. Any
previous sales we have had, had to be like that. They have to be from three
to twenty years, and that will stay.
Mr. Plummer: What did the referendum state?
Mr. Garcia: It states that the bonds will mature between three and twenty
years and they have a particular table of maturities, which is what we are
trying to delete at this time. This ordinance was prepared by legal counsel
in New York and there is Court precedent that...
Mr. Plummer: The question is, what did the referendum to the voters state?
Mr. Garcia: It states, both items, that the bonds are to mature between three
and twenty years and also that there is a specific table of maturities, that a
certain amount of bonds will mature at third year, the fourth year, the fifth
01 year, and so on.
Mr. Plummer: And you are asking us to change that to make it all a flat
twenty years?
Mr. Garcia: No, sir, what we are asking you is to delete that table at this
time, which is a very specific table.....
Mr. Plummer: Was that table used in the referendum?
Mr. Garcia: Yes, sir, it was.
Mr. Plummer: Wouldn't that be paramount to this Commission breaking faith
with the public, because of the fact we gave them a definite schedule? ...
they voted upon that?
°;.:.:.
Mr. Odio: Technically, yes.
Mr. Garcia: Well, yes, but the basic
issue is the fact that the bonds will be
mature between three and twenty years
and that will stay.
t^
Mr. Plummer: That is not the point.
The point is, that when you go with a
='''....
referendum to the public, you state all of the facts. Now, I don't think I
n...'
?
have personally a problem with going
to 20 years. I do have a problem with
P�
s:
I.....
changing an issue after the public
has voted upon it. That I have got a
i ..
b< `%
problem with.
Mr. Garcia: OK, first sir, there is
court precedent. In the previous cases,
state courts have indicated that it
is wise to delete maturity schedules,
because it will save monies to the citizens of the municipality.
V. Mr. Plummer: Carlos, I said I personally don't have a problem. I understand
'.` the wisdom of doing such. I do have a problem of doing something different
c} than what the people voted upon.
Mr. Garcia: Just for your edification, Mr. Commissioner, these have been done
in the past by the City Commission about three years ago. We did this for the
Fire bonds — the $21,000,000 Fire bonds. Nowadays, when we come to the City
Commission, and to the voters, we do not ask for a maturity schedule at the
time the bonds are authorized, because it is premature at that time.
Mr. Plummer: But, you attached one on this issue.
Mr. Garcia: Yes, we did, back in 1980. It wasn't wise to do. We will save
significant amounts of money by deleting that schedule.
Mrs. Kennedy: How much will you save?
Mr. Garcia: I couldn't tell you at this time, Commissioner, but what we can
tell you is that when we come back for a particular bond sale, then we will be
able to structure that maturity depending on the market conditions, and that
saves significant amounts of money from.., you know, I could not give you an
amount, because it would be unwise. I could not forecast that, but we believe
we will save money by doing so.
ld 20 March 189 1986 '`
Y
Mayor Suarez: Madam City Attorney, there is no legal problem with the change
after the voters approved the bonds with that maturity schedule?
= Mrs. Dougherty: Our bond counsel advises us there is no problem.
L= s Mayor Suarez: Is there any wording in the initial bond passage that specifies
that this might happen? Is that the reason that there is no problem? ... that
' there may be a variation in the maturity schedule at some later point?
rt�k
Mrs. Dougherty: No, the rationale is that these were illustrative and not
,err-
mandated.
Mayor Suarez: The schedules that are attached are always illustrative. They
are never quite necessarily what...
Mrs. Dougherty: The other thing is it doesn't apply to those people who have
bonds already, but only those who buy bonds in the future.
1 Mayor Suarez: All right, I guess you could never affect the maturity date of
a bond that is already outstanding and purchased. Wellington, we are going
to hear from you on every item today, it looks like, sir.
.�E
}
Mr. Wellington Rolle: Well, no, I don't think so, Mr. Mayor, but I...
Mayor Suarez: It is OK, you always enlighten us.
R Mr. Rolle: I have the same concern that Commissioner Plummer expressed in
reference to this and I don't buy the argument that, you know, that it is all
right to change this after having written clear, precise, concrete language on
a ballot. You know, I had this same problem with the police bond issue that
was passed before, because there is a difference between the language and the
ordinance and what was put on the bond issue, I mean, on the bond issue for
the police facility. So, here again, we are coming with the same kind of
operation, where you present one language to the voters for their approval,
and now you are coming and saying that you can explain the rationale for
changing it.
Mr. Odio: Mr. Rolle, we have experts on bonds in New York.
F`.. Mr. Rolle: Sir, I am not interested in your experts...
i 7
, £,.
:. Mr. Odio: Let...
Mr. Rolle: ... no, excuse me, please.
Mayor Suarez: Wait, Wellington, Wellington, please. Let the City Manager
<, speak.
Mr. Odio: I have the right to speak too, and our experts in New York in law,
tell us that we can do this, so I think that is...
Mr. Rolle: Well, Mr. Manager and Mr. Mayor, I have a great problem with that.
#s You tell your experts what your Charter says right here in Miami, and you tell
iK them I told you to say what your Charter says in Miami. That is what you need
to do. All I am saying to the Commission, Mr. Mayor and Commissioners is that
Y 8 Y
., we have prescribed sets of rules that we go by here in the City of Miami, and
=; that is all I am asking for. That is all we need to go. I don't want you to
tell me, "Well, I've got a guy up in New York that says it is all right to
Y override and forget what the Charter says." Now, that is a grave problem, and
I don't think that the people in the City of Miami ought to always have to
resort to litigation just to say to you, Mr. Manager, and Commissioners, just
rA, obey the rules that govern here in this community, because those are the rules
that we live under. All the citizens live under those rules, and I share the
a=concern of Mr. Plummer that if it is not a questionable gray area, then he has
no problem with it, but I have a problem with this Commission and this Admin-
istration clearly always being able to say that they have got another opinion
from somebody else that says it's all right. Well, it ain't all right until
the language changes in the Charter, and Mr. Mayor, I think that that ought to
be a concern of this Commission as expressed by Commissioner Plummer.
Id 21 March 18, 1986
i-r
#r
ty.
#=
>11r
Mayor Suarez: I always want to listen to your procedural objections and the
expectations that sometimes it will effect the practicality or the substance
of the thing. Where it doesn't is where I become a lot less interested, but
we still appreciate your comments. Commissioners, on this item 27? Do we
want to move it?
Mr. Carollo: Mr. Manager, weren't you recommending item 27, for the record,
again?
Mr. Odio: Sir, I recommend that we approve it. I understand Commissioner
Plummer's concerns. I had the same concerns, but Brown, Wood and Ivey advises
us that this is the smart thing to do, that it will save the taxpayers money,
and that it has been done in the past, and that from now on, this is the way
we are going to sell bonds.
Mr. Carollo: Based upon the City Manager's recommendation, I move this item.
Mayor Suarez: It has been moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion from the Commission?
Hearing none, please call the roll. Do we have to have a reading first?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NUMBER
9129, WHICH AUTHORIZES THE ISSUANCE OF $30,000,000
PRINCIPAL AMOUNT TO STREET AND HIGHWAY IMPROVEMENT
BONDS IN THE CITY OF MIAMI, FLORIDA, BY STRIKING THE
TABLE OF MATURITIES, AND RELATED LANGUAGE, WHILE
RETAINING THE OVERALL MATURITY OF THREE TO TWENTY
YEARS, INCLUSIVE, OF SUCH BONDS AS APPROVED BY THE
VOTERS ON OCTOBER 7, 1980 BOND ELECTION, AUTHORIZED BY
ORDINANCE NUMBER 9131.
Was introduced by Commissioner Carollo and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: Vice -Mayor Miller J. Dawkins
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.
S. FIRST READING ORDINANCE: ISSUANCE OF $45,000,000 FOR SANITARY SEWER
BONDS.
Mr. Odio: Mr. Mayor, 44 is related to 27.
Mr. Plummer: 28 is the same as...
Mr. Odio: 28 is the same thing.
Mayor Suarez: Do I hear a motion on item 28?
Mr. Carollo: Moved.
Mrs. Kennedy: Move 28.
Mayor Suarez: Moved and seconded.
Sion? Please read the ordinance.
Any further discussion from the Commis-
Id
22
March 18, 1986
a
AN ORDINANCE ENTITLED-
=.
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NUMBER
9128 WITH AUTHORIZES THE ISSUANCE OF $45,000,000
PRINCIPAL AMOUNT FOR 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 TO TWENTY YEARS INCLUSIVE OF SUCH
BONDS, AS APPROVED BY THE VOTERS ON OCTOBER 7, 1980
BOND ELECTION AUTHORIZED BY ORDINANCE NUMBER 9130.
Was introduced by Commissioner Carollo and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: Vice -Mayor Miller J. Dawkins
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.
9. AMEND SEC.1 OF RES. 80774 (PROVIDING FOR THE ISSUANCE
OF
S30,000,000/STREET AND HIGHWAY IMPROVEMENT BONDS). BY STRIKING TABLE
OF
MATURITIES; ETC.
Mayor Suarez: The companion item was 44.
Mr.------: Move it.
x
Mr. Odio: Item 44 and 45.
Mayor Suarez: Item 44 has been moved. Do we have a second?
A.
Mrs. Kennedy: Second on 44.
kt�'-•- :;
-`
Mayor Suarez: It has been moved and seconded. Any discussion from
the
Commission? Hearing none, please call the roll. Wait, do you want to state
for the record the same objections as before, Commissioner Plummer?
r.
Mr. Plummer: Yes.
y,
Mayor Suarez: It has been noted.
The following resolution was introduced by Commissioner Carollo,
who
moved its adoption:
RESOLUTION NO. 86-174
A RESOLUTION AMENDING SECTION 3, OF RESOLUTION NO. 80-774,
WHICH PROVIDES FOR 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 OVER-
ALL MATURITY OF THREE (3) TO TWENTY (20) YEARS, INCLUSIVE,
n
OF SUCH BONDS AS APPROVED BY THE VOTERS BY THE OCTOBER 7,
`•.
1980, BOND ELECTION AUTHORIZED BY ORDINANCE NO. 9131.
(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-
ld 23 March 18, 1986
0 is
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: Vice -Mayor Miller J. Dawkins
10. AMEND SEC.3 OF RES. 80-773 (PROVIDING FOR THE ISSUANCE OF $45,000,000 OF
SANITARY SEWER BONDS). BY STRIKING TABLE OF MATURITIES; ETC.
Mayor Suarez: Agenda item 45.
Mrs. Kennedy: Move 45.
Mayor Suarez: It has been moved. Do we have a second?
Mr. Carollo: Second.
Mayor Suarez: It has been moved and seconded. Any discussion from the
Commission? Hearing none, please call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-175
A RESOLUTION AMENDING SECTION 3, OF RESOLUTION NO. 80-773,
WHICH PROVIDES FOR 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 AUTHO-
RIZED BY ORDINANCE NO. 9130.
(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 Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: Vice -Mayor Miller J. Dawkins
11. CONSENT AGENDA
Mayor Suarez: It is the Commission's pleasure to go now to the consent
agenda. Take them one by one, or how do you want to do it? I like to have
maximum input from the public, from the Commission. I have no problem going
one by one, if that is your pleasure. Otherwise, if you would want to remove
some of the items, and pass on the rest collectively...
Mrs, Kennedy: Mr. Mayor, I understand that item 13, this project interferes
with the State project already under construction, so I would like to pull
that one out and perhaps instruct the Administration to coordinate this with
the State, Mr. Odio.
Id 24 March 18, 1986
r
Mr. Odio: Yes, Ma'am.
Mayor Suarez: OK, you pulled out item 13?
Mr. Plummer: Let me just ask a question on item 6. Who is the streets being
closed for?
Mr. Odio: The merchants of N.W. 15th Avenue want to have a block party.
Mr. Plummer: 15th Avenue and what?
Mr. Odio: It says here N.W. 63rd Street to 67th Street. In other words, it
N.W. 15th Avenue south to N.W. 67th Street and north, to N.W. 67th Street.
They will provide disco music and they already have a permit from the Miami
Police Department. Now, they need to close the streets.
Mr. Plummer: Fine. Thank you, sir.
Mr. Odio: Mr. Raymond Kemp is the contact.
Mr. Plummer: You pulled item 18?
Mr. Odio: Yes, Sir, it's withdrawn.
Mayor Suarez: And these are not sponsored by the Liberty City Merchant's
Association, Dr. Al Ross?
Mr. Odio: No, sir. All I have is a letter here from Commissioner Dawkins,
and all it says is Mr. Raymond Kemp is the...
Mayor Suarez: And they have worked out all the details with the' Police
Department?
Mr. Odio: Yes, they have, sir. It is a way of creating recreation for
youngsters during the Dade County school spring break, so that they have
something to do, and they have time. They wanted March 28th and 29th, from
4:00 p.m. to 9 p.m., and April 4th and 5th from 4 p.m. to 9 P.M.
Mayor Suarez: The hours are certainly reasonable, if it ends at 9:00 p.m.
Mr. Plummer: I wish them luck.
Mayor Suarez: It might go over a little bit past 9:00 p.m.
Mr. Plummer: I move the Consent Agenda with the exception of item 18, which
think is the only request to be withdrawn.
Mayor Suarez: How about Commissioner Kennedy's...
Mrs. Kennedy: How about mine, Commissioner?
Mayor Suarez: Items 13 and 18.
Mr. Plummer: Oh, I am sorry, I didn't hear that with the removal of 13 and 18
I move the Consent Agenda.
Mrs. Kennedy: Second.
Mayor Suarez: It has been moved and seconded. I want to ask a question on
item 7. Is that another one of these bonds that was lost and we are simply
authorizing replacement at no cost to the City?
Mr. Odio: E. F. Hutton had provided the City with a sworn affidavit to the
effect that it owns those bonds and that they have been lost. Indemnity bonds
have been posted to protect the City from any costs.
Mayor Suarez: You know, the wording is a little confusing on the little squib
that we have here on the agenda, because it says authorizing execution and
delivery and then it says in the principal amount, to replace lost bonds. It
sounds a little bit like we are paying the $30,000, but you have clarified
that we are not.
ld 25 March 18, 1906
• +r
Mr. Odio: We are not.
Mayor Suarez: No problem with that.
(INAUDIBLE STATEMENT NOT PLACED INTO THE PUBLIC RECORD).
Mr. Odio: Item 16? Oh, we are changing.... Domino Park is now called Antonio
Maceo.
Mrs. Kennedy: Ok. I'm just asking about item 16? I don't have the ........
Mr. Odio: Let me explain that on the record. We have a problem. We now have
two Antonio Maceo Parks. Domino Park is Antonio Maceo, and you named the park
on the Blue Lagoon also Antonio Maceo, and this is just to clean up, so we
call this Domino Park, and the other one stays as Antonio Maceo. Nobody calls
it Antonio Maceo anyway.
Mr. Carollo: I'd like to defer this item, if I could, until the next meeting.
Mr. Odio: Sure.
Mayor Suarez: Which item, Commissioner?
Mr. Plummer: Sixteen.
Mayor Suarez: I would like to remind the City Manager that he doesn't decide
what items get deferred.
Mr. Odio: Excuse me?
Mayor Suarez: I would like to remind the City Manager that he doesn't decide
what items get deferred. He gets one of these "sure!". You have no objec—
tions to that? We are happy to hear that!
Mr. Odio: Let me say, I have no objections to that!
Mayor Suarez: Thank you. What is item 16, Commissioner? What is the need for
deferral?
Mr. Carollo: Item 16 is the resolution renaming a City park. I would like to
have it deferred until Commissioner Dawkins is here, and even if he were here,
I would have asked for it to be deferred, because I don't know if that is the
appropriate name to give it.
Mr. Odio: We could call it closed park.
Mr. Plummer: All right, are we then moving the Consent Agenda with the
exception of items 13, 16 and 18? Is that correct?
Mrs. Kennedy: And I seconded your motion.
Mayor Suarez: We have got three items excluded.
Mr. Plummer: For discussion......
Mayor Suarez: Except for ... no, which ones did you say first?
Mr. Plummer: 13, 16, and 18 is what I am showing.
Mayor Suarez: All right, I've got my clarification.
Mr. Carollo: Number 18, what is Stuart going to be doing?
Mr. Odio: I worked out an arrangement with him that is acceptable to him,
sir.
Mr. Carollo: It's acceptable to him. Yes, but I'm not concerned about that,
I'm concerned if it is acceptable to us.
Mr. Odio: Well, the first request that came in was $18,000, this one was for
$9,000 and is down below $4,500.
Mayor Suarez: It is below your authority to negotiate it.
ld 26 March 18, 1986
R
' Mr. Carollo: But you still haven't answered my question. What is he going to
perform for us for $9,000 a year?
Mr. Odio: It's not $9,000, he is going to be paid $4,500. It is not $9,000,
that's why I'm withdrawing it. We're going to pay him $4,500 to bring the
ships to Bicentennial Park to work together with the Chamber of Commerce to do
that and help...
was lowered
Mayor Suarez: Did he exclude, since the figure, any of the other
y items that he had proposed to do for the City, he had a long series of items?
Mr. Odio: No, he hasn't.
Mr. Carollo: Do we have a specific list in the contract of what he is to
perform?
Mr. Odio: Yes. It is in your memo in the package, do you want me to read
them?
Mr. Carollo: Please, if you could go through that again.
• Mr. Odio: There are nine items: Develop a waterborne transportation system
focusing on Biscayne Bay and the Miami River with world class distinction
using the hydrofoil water bus as a flagship and to work with applicable
government agencies to seek pilot program start—up funding.
Mr. Carollo: Excuse me now, on the water shuttle, that's going to be the
flagship. Do you know where the flagship is at now and the condition it is in?
Mr. Odio: Yes, sir. Sitting on top of Gene Hancock's property over there.
Mr. Carollo: And the condition that it is in?
Mr. Odio Yes, Sir.
-s
Mr. Carollo: Does that mean that we're going to put money into that?
Mr. Odio: No, we're not putting a penny into the hydrofoil system, all we're
doing is paying him as a consultant to work it out with the private investors,
we're not putting one cent into that.
Mr. Plummer: A consultant, that's a man that
has a brief case and has guessed
right three times.
Mr. Odio: Develop an
ongoing U.S. and foreign
navy ship visitation program as
soon as possible —
he has been working on
this. Work toward berthing a
permanent U.S. Naval
Reserve warship in Miami
waters; work toward anchoring or
berthing a U.S. Navy
nuclear aircraft carrier
in greater Miami waters at the
opening of Bayside.
Mr. Plummer: Is that a lobbyist?
Mr. Carollo: It seems to me we're going to be paying Stuart for what he has
been doing free all this time for us.
Mrs. Kennedy: That's right, I was going to say we've been paying him a dollar
a year, right?
Mr. Odio: No, we paid him $4,500 last year and based on that I told him, if
you remember, I recommended against him getting a contract of $18,000 the last
time he was here and I'm still not satisfied with the $9,000 so that's why I
negotiated with him.
Mr. Carollo: We're paying Stuart for what he likes to do without being paid —
5 talk about the waterfront.
Mr. Odio: Yes.
Mr. Plummer:
than we are.
He doesn't have to run for office and he's making more money
Id
27
March 18, 1986
Mrs. Kennedy: I remember when he worked for a dollar a year, so why don't we
move to double his salary to S2.00.
Mayor Suarez: In all fairness, he, at least in my case, and I presume he met
with the other Commissioners, showed letters from the Admiral of the Fleet
that would bring the ships into our port. If he did nothing else but to
facilitate that it would be worth $4,500, it seems to me, you know, but he
does have a lot of other items, some of which are somewhat less important than
that particular one and I wonder if they are worth anything, but just the fact
that he seems to have the letters, and he showed the originals and they seemed
to be legitimate from the Admiral of the fleet in question, that he will bring
these ships in, they would be a fantastic attraction for Miami. It seems to
be worthwhile.
Mr. Carollo: The only request that I would like to make is to add to this
resolution an amendment that if members of the Commission are not available to
meet with him that he will meet with members of the Commission's staff.
Mrs. Kennedy: Did he give you a hard time?
Mr. Carollo: I don't have the time some other people have.
Mayor Suarez: I could think of a couple of other modifications to Mr. Sorg's
behavior that we might put into a motion.
Mr. Odio: So am I understanding it to be $2.00 a year?
Mayor Suarez: We're not going to deal with the item because it has been
withdrawn, but the Commissioner wanted clarification which he is entitled to
anytime.
Mr. Odio: But if you don't agree with the S4,500, I'll ...
Mr. Carollo: Who withdrew the item?
Mayor Suarez: The Administration.
Mr. Odio: I negotiated with him to come down to $4,500.
Mr. Carollo: Well, let me be honest, and I think this should be clarified for
the record. Stuart has done an excellent job and has put a heck of a lot of
his own time in areas having to do with the waterfront that will benefit this
City and, you know, at no time were we trying to degrade some of the work that
he has done. He has been very good to the City but I think we just need to
look a little closer at some of the areas that he is going to get involved in.
Mayor Suarez: On the Consent Agenda, before the vote is taken on adopting
items on the Consent Agenda, being 2 through 19 of our scheduled agenda, with
the exception of 13, 16 and 18, is there anyone in the audience who would be
objecting to or being in favor of any of the items contained in this Consent
Agenda? Hearing none......
Mr. Carollo: Yes, item 20 I have a question on.
Mayor Suarez: Do you want to pull it out so we can vote on the rest of the
items and then we can go back to it?
Mr. Carollo: Well, I think we can probably solve it fairly quick.
Ms. Hirai: It is only through 19, the Consent Agenda.
Mr. Carollo: Oh, it is not on the Consent Agenda.
Mayor Suarez: Oh, it isn't on the Consent Agenda, 2 through 19, with the
exceptions of 13, 16 and 18, hearing no objectors or proponents from the
audience, please call the roll on the Consent Agenda.
Id
IN
28
March 18, 1986
..A
The following resolutions were introduced by Commissioner Plummer and
seconded by Commissioner Kennedy and passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
11.1 GRANT REQUEST OF JOSEPH FRASCA TO DISPENSE BEER AND WINE FOR ONE DAY IN
CONNECTION WITH A WEDDING AND RECEPTION MARCH 22, 1986, IN ALICE B.
WAINWRIGHT PARK.
RESOLUTION NO. 86-176
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, IF REQUIRED,
THE REQUEST OF JOSEPH FRASCA TO DISPENSE BEER AND WINE FOR
A ONE -DAY PERIOD IN CONNECTION WITH A WEDDING AND RECEP-
TION TO BE HELD MARCH 22, 1986, IN ALICE B. WAINWRIGHT
PARK; SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY
LAW.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.2 GRANT REQUEST OF FRIENDS OF THE JAPANESE GARDEN TO SELL BEER AND WINE IN
CONNECTION WITH THE FOURTH ANNUAL SPRING FESTIVAL ON WATSON ISLAND,
APRIL 26 AND 27, 1986.
RESOLUTION NO. 86-177
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST
OF FRIENDS OF THE JAPANESE GARDEN TO SELL BEER AND WINE
FOR A TWO-DAY PERIOD IN CONNECTION WITH THE FOURTH ANNUAL
SPRING FESTIVAL TO BE HELD IN WATSON ISLAND PARK ON APRIL
26 AND 27, 1986; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A NON-EXCLUSIVE CONCESSION AGREEMENT WITH SAID
ORGANIZATION 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.
x; (Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.3 GRANT REQUEST OF CASA DE SANTA MARTA DE ORTIGUEIRA EN MIAMI, TO SELL
BEER AND WINE AT ANNUAL PICNIC ON APRIL 20, 1986, IN WATSON ISLAND PARK.
RESOLUTION NO. 86-178
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST
OF CASA DE SANTA MARTA DE ORTIGUEIRA EN MIAMI, A SOCIAL
CLUB, TO SELL BEER AND WINE FOR A ONE -DAY PERIOD IN CON-
NECTION WITH ITS ANNUAL PICNIC TO BE HELD APRIL 20, 1986,
IN WATSON ISLAND PARK FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE A ONE -DAY CONCESSION AGREEMENT WITH SAID SOCIAL
CLUB, IN SUBSTANTIALLY THE FORM ATTACHED HERETO; SUBJECT
TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW AND COMPLI-
ANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRE-
SCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
ld
29
March 18, 1986
I v
1
:w
fi-
45"
h�
11.4 GRANT REQUEST OF REAL CLUB SOCIAL DEPORTIVO ESPANOL TO SELL BEER AND
WINE FOR ANNUAL "ROMERIA" FAMILY PICNIC AND FESTIVAL, MAY 4, 1986, IN
WATSON ISLAND PARK.
RESOLUTION NO. 86-179
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST
OF REAL CLUB SOCIAL DEPORTIVO ESPANOL TO SELL BEER AND
WINE FOR A ONE -DAY PERIOD IN CONNECTION WITH ITS ANNUAL
"ROMERIA" FAMILY PICNIC AND FESTIVAL TO BE HELD MAY 4,
1986, IN WATSON ISLAND PARK; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A ONE -DAY NON-EXCLUSIVE CONCESSION
AGREEMENT WITH SAID ORGANIZATION IN ESSENTIALLY 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.)
11.5 STREET CLOSURE MARCH 28 AND 299 APRIL 4 AND 5, 1986 FOR BLOCK PARTY.
RESOLUTION NO. 86-180
A RESOLUTION CLOSING CERTAIN STREETS TO THROUGH VEHICULAR
TRAFFIC ON MARCH 28 AND 29 AND ON APRIL 4 AND 5, 1986 FOR
A BLOCK PARTY; SAID STREET CLOSING SUBJECT TO ISSUANCE OF
PERMITS BY THE DEPARTMENT OF POLICE AND THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES AND ASSURANCES THAT
THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY;
SAID ALLOCATION CONDITIONED UPON THE ORGANIZERS PAYING FOR
ALL COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.6 AUTHORIZE EXECUTION AND DELIVERY OF $30,000 MIAMI HOUSING BONDS OF 1984,
TO REPLACE LOST BONDS.
RESOLUTION NO. 86-181
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF
CERTAIN CITY OF MIAMI HOUSING BONDS OF 1984, IN THE PRIN-
CIPAL AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000) TO
REPLACE LOST BONDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.7 BID ACCEPTANCE: TERRY PARK FOR BLACKSMITH/FARRIER SERVICE TO THE DEPT.
OF POLICE FOR ONE YEAR - $7,600.
RESOLUTION NO. 86-182
A RESOLUTION ACCEPTING THE BID OF TERRY PARK FOR FURNISH-
ING BLACKSMITH/FARRIER SERVICE TO THE DEPARTMENT OF POLICE
ON A CONTRACT BASIS FOR ONE (1) YEAR, RENEWABLE ANNUALLY,
AT A TOTAL PROPOSED FIRST YEAR COST OF $7,600.00; ALLOCAT-
ING FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGET;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS SERVICE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Id
March 18, 1986
r
ANIMAL
11.8 BID ACCEPTANCE: DR. RICHARD TEMPLETON $7,800, AND KNOWLES
HOSPITAL - $13,800, FOR 24 HOUR VETERINARY SERVICES FOR MOUNTED PATROL
HORSES AND CANINE UNIT DOGS.
RESOLUTION NO. 86-183
A RESOLUTION ACCEPTING THE BIDS OF DR. RICHARD TEMPLETON
AT A TOTAL PROPOSED COST OF $7,800.00, AND KNOWLES ANIMAL
HOSPITAL AT A TOTAL PROPOSED COST OF $13,800.00 FOR FUR-
NISHING TWENTY FOUR (24) HOUR VETERINARY SERVICES FOR
MOUNTED PATROL HORSES AND CANINE UNIT DOGS ON A CONTRACT
BASIS FOR ONE (1) YEAR, RENEWABLE ANNUALLY, TO THE DEPART-
MENT OF POLICE AT A TOTAL PROPOSED FIRST YEAR COST OF
$21,600.00; ALLOCATING FUNDS THEREFOR FROM THE 1985-86
OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR THESE SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.9 BID ACCEPTANCE: ROENCA CORPORATION - $495,044.06 FOR N.W. 47 AVENUE
HIGHWAY IMPROVEMENT B-4505.
RESOLUTION NO. 86-184
A RESOLUTION ACCEPTING THE BID OF ROENCA CORPORATION, IN
THE PROPOSED AMOUNT OF $495,044.06, TOTAL BID OF THE
PROPOSAL, FOR N.W. 47 AVENUE HIGHWAY IMPROVEMENT B-4505;
WITH MONIES THEREFOR ALLOCATED FROM "N.W. 47 AVENUE IM-
PROVEMENTS" ACCOUNT IN THE AMOUNT OF $495,044.06 TO COVER
THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM; AND DIRECTING THE CITY
CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS
TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED
CONSTRUCTION BY ROENCA CORPORATION OF N.W. 47 AVENUE
HIGHWAY IMPROVEMENT B-4505 UPON SATISFACTORY COMPLETION OF
SAID CONSTRUCTION; SAID NOTICE SHALL BE PUBLISHED IN
COMPLIANCE WITH THE PROVISIONS OF RESOLUTION NO. 84-45,
ADOPTED JANUARY 19, 1984, CONCERNING THE PUBLICATION OF
CITY NOTICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.10 ACCEPT COMPLETED WORK OF CUYAHOGA WRECKING CORP. $148,816.64 FOR
BAYFRONT PARK AUDITORIUM - DEMOLITION.
ti
RESOLUTION NO. 86-185
A RESOLUTION ACCEPTING THE COMPLETED WORK OF CUYAHOGA
WRECKING CORPORATION AT A TOTAL COST OF $148,816.64 FOR
BAYFRONT PARK AUDITORIUM - DEMOLITION; AND AUTHORIZING A
FINAL PAYMENT OF $14,881.66.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Id 31 March 18, 1986
f.:
..a
11.11 PLAT ACCEPTANCE - MIAMI HONDA SUBDIVISION; AND ACCEPTING COVENANT
TO RUN WITH THE LAND.
RESOLUTION NO. 86-186
A RESOLUTION ACCEPTING THE PLAT ENTITLED "MIAMI HONDA
SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPT-
ING THE COVENANT TO RUN WITH THE LAND POSTPONING THE
IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZ-
ING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO
EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID
PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.12 AUTHORIZE ACCEPTANCE OF SEVENTEEN (17) DEEDS OF DEDICATION FOR
HIGHWAY PURPOSES AND APPROVE RECORDING OF SAID DEEDS IN PUBLIC
RECORDS OF DADE COUNTY.
RESOLUTION NO. 86-187
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY
OF MIAMI TO ACCEPT SEVENTEEN (17) 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.)
11.13 NAME BLUE LAGOON PARK AT 5115 N.W. 7 STREET THE "GENERAL ANTONIO
MACEO PARK".
RESOLUTION NO. 86-188
A RESOLUTION NAMING BLUE LAGOON PARK, AT 5115 N.W. 7
STREET, THE "GENERAL ANTONIO MACEO PARK"; DIRECTING THE
CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO AFFECT-
ED CITY AGENCIES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.14 AUTHORIZE AGREEMENT WITH ZUCHELLI HUNTER AND ASSOCIATES, INC. TO
PROVIDE SERVICES RELATED TO ECONOMIC STUDY OF THE MIAMI RIVER.
RESOLUTION NO. 86-189
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND ZUCHELLI HUNTER
AND ASSOCIATES, INC. TO PROVIDE SERVICES RELATED TO THE
IXI
ECONOMIC STUDY OF THE MIAMI RIVER.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
ld
32
March 18, 1986
r
WEs
11.15 ALLOCATE $4,500 FOR USE OF ORANGE BOWL STADIUM FOR PROCESSING OF
, -'
DOCUMENTS AND SWEARING -IN CEREMONY FOR APPROXIMATELY 12,000
A.(NATURALIZATION
CEREMONY).
;t
RESOLUTION NO. 86-190
i 5
A RESOLUTION ALLOCATING A SUM NOT TO EXCEED S4,500 FROM
'
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER
THE RENTAL COST OF USING ORANGE BOWL STADIUM IN CONNECTION
WITH THE PROCESSING OF DOCUMENTS AND FINAL SWEARING -IN
CEREMONY FOR APPROXIMATELY 12,000 ON JULY 3, 1986, SAID
'
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE
'• F
WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84,
t l,`
DATED JANUARY 24, 1984.
y
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
1 y.ir r
12. ORDER FLAGAMI SANITARY SEWER IMPROVEMENT SR-5511-C.
Mayor Suarez: Item 13. You were concerned about this one, Commissioner?
Mr. Carollo: I'd like to defer that for reasons stated earlier.
Mrs. Kennedy: Yes, I asked that to be withdrawn because it interferes physi-
cally with a State project already in the works and what I did, I instructed
the Administration to coordinate it with the State.
Mr. Donald Cather: Commissioner Kennedy, this project is on Flagler Street
for about two blocks. The rest of it is south of Flagler Street and we have
»c been embarked five years ago on a rush program to sewer, sanitary sewer the
r entire City of Miami. The west area plus the south Grove is the only one that
N''`'`•'W remains. We're up to 902 of the City presently has sanitary sewers available.
This was demanded by the City Commission approximately five years ago and we
have continued to push the construction of sanitary sewers. This section, if
you will work at your map, details each street where the sanitary sewers are
to be installed and is the area south of Flagler Street down to S.W. 8th
Street, west of 71st Avenue, out to Tamiami Canal Road a very low lying area
• ` • Y Y � 8
and septic tanks can cause severe health problems there when they overflow.
This will eliminate that problem completely.
Mayor Suarez: Are we pretty close to completing all sanitary sewering of the
Flagami area?
«. Mr. Cather: No, this is the start of the Flagami area sanitary sewers.
a
Mayor Suarez: Is there a large area out there that still doesn't have them?
Mr. Cather: No, there is not a large area, we are almost 90% sewered now and
south Grove area is a major portion of the remainder to do it. South Grove,
'-' we haven't touched that yet, we saved that to the last.
Mayor Suarez: Well, the may not want to sY y y get the sewers down there so you
best be careful on that.
Mr. Cather: That's why we saved it until last.
Mayor Suarez: I have a feeling they would object. Commissioner, do we
accomplish anything by deferring this item?
Mrs. Kennedy: I'm just asking for the back up material. One second.
Mayor Suarez: Considering Item 13, do I hear a motion from any Commissioner?
Mrs. Kennedy: I heard the explanation, I move to go ahead and approve it.
Mr. Plummer: Second.
Id
33
March 18, 1986
Mayor Suarez: Move in favor of the resolution contained in item 13, it has
been seconded. Anyone from the public want to be heard for or against this
item? Let the record reflect that no one stepped forward. Please call the
roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-191
A RESOLUTION ORDERING FLAGAMI SANITARY SEWER IMPROVE-
MENT SR-5511-C (CENTERLINE) AND DESIGNATING THE
PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE
MADE FOR A PORTION OF THE COST THEREOF AS FLAGAMI
SANITARY SEWER IMPROVEMENT DISTRICT SR-5511-C
(CENTERLINE).
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
a` Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
13. BRIEF DISCUSSION AND DEFERRAL OF PROPOSED RENAMING OF ANTONIO MACEO MINI
PARK TO "DOMINO MINI PARK" - REFER TO MIAMI MEMORIAL
COMMITEE.
Mayor Suarez: Item 16, what is the reason this items
should be deferred?
Commissioner Carollo, do you want Item 16 deferred?
What do we gain by
deferring this? Are you concerned about the elimination
of the park altogeth-
er? Because I think the City Manager wisely clarified
that if the park is
eliminated altogether then it is sort of a closed park,
that will become its
new name or something.
Mr. Carollo: That's correct, I was just concerned in so
far as that would be
the appropriate name or not, I would like to consider it
a little more.
='
Mayor Suarez: Commissioners?
Mrs. Kennedy: It's all right with me.
Mr. Carollo: A motion to defer Item 16.
Mr. Plummer: Second.
_.•
Mayor Suarez: It has been moved and seconded, a motion to
defer Item 16.
Any
further discussion from the Commission? My own feeling
is I simply cannot
vote in favor of deferring an item simply on a name change
like this that
will
eliminate the confusion of having two parks having the same
name, so I'll
vote
against the motion. But when and if, if it is deferred and
comes back I
would
like to hear further arguments from Commissioner Carollo or
anyone else
as to
n3#:
why we shouldn't name this Domino Mini -Park.
Mr. Plummer: Discussion?
Mayor Suarez: Yes, Commissioner.
Mr. Plummer: Has this matter been sent to the Memorial Committee?
Mr. Odio: No, sir.
Id
34
March IS, 1906
i
Mr. Plummer: It has not?
t �y
Mr. Odio: No, sir.
t t y
Mr. Plummer: Then
it should be
deferred to send it to the Memorial Committee,
that's the reason,
there
is a
policy that all change of names or naming of
parks have to go
to the
Memorial Committee and if they have not had the
problem to address
then I
think
it should be done so.
Mayor Suarez: The
motion
is to
defer and refer to the Memorial Committee.
Mr. Plummer: Correct. Excuse me, the maker of the motion...
Mayor Suarez: Does the maker accept the modification?
Mr. Carollo: Certainly, if we do name it Domino Park it would have to go
Fay.
through that so that would be the appropriate place.
.`.
Mr. Odio: We cannot go to the Memorial Committee until you decide the name to
?'
pick and then we take the name to the Memorial Committee, is that the proce-
dure?
r
•�'
Mr. Plummer: You take the name of what you're proposing to the Memorial
Committee and they approve it or ...
Mr. Carollo: Yes, we're proposing it, it doesn't mean that we're bound to...
Mayor Suarez: That's a worthwhile clarification. We are proposing then, at
least to the extent of referring it to them the use of the name "Domino Mini -
Park". But subject always to Commission approval afterwards.
Mr. Odio: Okay.
"
Mayor Suarez: Moved and seconded, any further discussion from the Commission
after the clarification on the modification? Hearing none, please call the
roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
s,
MOTION NO. 86-192
A MOTION REFERRING TO THE CITY OF MIAMI MEMORIAL COMMITTEE
k �;T
FOR THEIR REVIEW AND RECOMMENDATION PROPOSED RENAMING OF
THE ANTONIO MACEO MINI PARK (1444 S.W. 8 STREET) AS THE
"DOMINO MINI PARK"; FURTHER REQUESTING THE ADMINISTRATION
TO BRING BACK THIS ISSUE FOR THE COMMISSION'S FINAL CON-
SIDERATION.
Upon
being seconded by Commissioner Plummer, the motion was passed and
adopted by
the following vote -
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
a;`ti=:Ft
Commissioner Joe Carollo
j..
Mayor Xavier L. Suarez
NOES:
None.
ABSENT:
Vice -Mayor Miller J. Dawkins
Id 35 March 18, 1986
14. ESTABLISH NEW SPECIAL REVENUE FUND: "HAITIAN CHILD ABUSE EDUCATION PRO-
GRAM FY'86".(S54,545)
Mayor Suarez: We're on item 20. We now have four Commissioners, so at least
theoretically this ordinance can pass, emergency ordinance.
Mr. Carollo: I have a question on 20. Why are we providing money just for a
program that is going to include Haitian Child Abuse Education Program and not
a citywide program that would address that?
Ms. Sylvia Farina: My name is Sylvia Farina. I work with the Comprehensive
Crime Prevention Unit in the City of Miami Police Department. These funds are
a grant that was given to us through the Criminal Justice Planning Council
specifically targeted to meet the needs of the R.F.P.'s of the Federal govern-
ment which stated services provided to the Haitian community for child abuse.
Mr. Carollo: Now, it's not going to cost the city one cent?
Ms. Farina: It is not.
Mr. Carollo: It is coming all from the Dade Criminal Justice Council, which I
am a member of.
Ms. Farina: Right. This has been going on for two years.
Mrs. Kennedy: As you know, I'm always in favor of receiving money for the
City, but what happens if we establish this program and then the following
year we don't get the funds from thee State?
Ms. Farina: Currently, we have received money from the Federal government for
two years and plans are in the offing to make some of the current staff
members permanent individuals with the City of Miami Police Department.
Mr. Carollo: I'm not going to turn down money that is coming to us from other
agencies, you know, that would not make much sense, but I think this is an
3
example of why we're having a strong call from many Congressmen and Senators
in Washington to cut back many programs and finally get hold of deficit. When
you start earmarking special moneys, one for this group, one for the other,
particularly moneys that should address the whole community, I mean child
abuse is something that you find in every ethnic group, every racial group,
ever religious group and not just in one group What we're doing here is
Y 8 8 P j 8 P 8
a�3
we're earmarking some specific moneys for one group and at the end what it
does is it costs a heck of a lot more money to handle one program or one
}'
problem than it would if we would go about it the way that would be more
normal, spending moneys for everybody. What we're doing here is just, in my
opinion, it is just creating a huge bureaucracy where we're giving moneys to
one group, one to the other and half the time what happens is you don't get
the best qualified people to handle the programs, the programs serve, if
you're lucky, one tenth of the people they're supposed to serve and the
benefits you get from them and the productivity is one tenth of what you
.a, ;: `°,•:;r
normally would get. That is my opinion as the sole Republican on the City
w
Commission.
Mr. Plummer: That's not what I heard, I understand there are two Republicans.
Mr. Carollo: Well, if that's not correct, so speak out.
Mr. Plummer: No, I mean about the Republicans.
Mayor Suarez: Don't look at me.
Mr. Plummer: I heard you were a convert.
Mayor Suarez: I am independent.
Mr. Plummer: Of what?
ld
36
Marsh 18, 1986
Mayor Suarez: Of any other Commissioner's influence as to which party I
should belong to. What is the Commission's pleasure on item 20?
Mr. Carollo: You're the kind of guy that when you die you don't go heaven or
to hell, you go right to limbo.
Mayor Suarez: If I was a certain Commissioner on this Commission, I would
prefer to go to limbo to other likely places.
Mr. Plummer: Joe, that is called the funeral for the atheist, all dressed up
and no place to go.
Mr. Carollo: I should have known better when I started getting into Plummer's
turf there.
Mayor Suarez: With the send off I would get from Plummer, I'm sure I would
work my way through limbo.
Mr. Plummer: We have one way tickets, don't worry about it.
Mayor Suarez: Aren't they all? What's the Commission's pleasure?
Mr. Plummer: I move item 20.
Mrs. Kennedy: I move to accept.
Mayor Suarez: Any further discussion from the Commission? Hearing none,
please read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "HAITIAN CHILD ABUSE EDUCATION
PROGRAM FY'86", AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $54,545 FROM THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
THROUGH THE STATE OF FLORIDA AND DADE COUNTY'S OFFICE
OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL; AND
AUTHORIZING THE CITY MANAGER TO ACCEPT THE $54,545
GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES; 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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT; Vice -Mayor Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10088.
ld
37
March 18, 1986
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. FIRST READING ORDINANCE APPROPRIATIONS FOR LAW ENFORCEMENT TRUST FUND.
Mayor Suarez: Item 21, another emergency ordinance.
Mr. Odio: This is a housekeeping for accounting purposes, we have now in-
creased our Law Enforcement Trust Fund in the amount of $549,877, making that
a total of $2,446,702 and this is just to bring these funds into the Law
Enforcement.
Mayor Suarez: Where are these funds invested, Mr. City Manager?
Mr. Odio: Well, they are budgeted, I'll let the Chief explain it to you,
wish.
Mayor Suarez: No, I just want to know as long as they're not spent where are
they? Are they with our.....?
Mr. Odio: They would sit in the Law Enforcement Trust account.
Mayor Suarez: And sitting where? I mean the actual funds, what bank has them
and what interest rate are we getting and what investment plan do we have for
them?
Mr. Odio: I'll have to get you information on that.
Mayor Suarez: Good old Pan American Bank?
Mr. Odio: I'll have to get the Finance Director to tell you what bank account
we have.
Mr. Plummer: Mr. Manager, I've got a problem. I don't have any problem with
reestablishing the fund, but I have a problem establishing the resources or
the appropriations especially when you don't show anywhere in here what those
appropriations are for.
Mr. Carollo: J.L., let me say this. I don't mind holding this off as long as
it is not going to affect the motion that I made a long time ago, last year,
that we appropriate funds for two additional marine patrol boats.
Mr. Plummer: Joe, I have no problem with that. I have a problem with the
fact that this establishes the new appropriations without a schedule attached.
Mr. Odio: The Chief is going to explain that, Commissioner Plummer. Explain
the bank first.
Mr. Carlos E. Garcia: Mr. Mayor, I just want to state the money has already
been deposited with Pan American bank in the City's depository account, so it
is there.
Mayor Suarez: Is it co -mingled or is there a separate fund?
Mr. Garcia: Well, we account for that separately but as far as the bank
account, it all goes ifLu the same bank account.
Mayor Suarez: Just out of curiosity, Carlos, what kind of CD's do we have,
what interest are we getting on these funds?
Mr. Garcia: Okay. As soon as we deposit those funds we invest them with
other local banks so it varies depending, you know, today's interest rates are
very low, in the range of eight percent, but the money is not kept with Pan
American Bank, it is deposited there, then it is transferred it to other banks
that we choose by going through a bid process.
t
id 36 !larch 18, 1906
Mayor Suarez: Oh, is that right?
Mr. Garcia: Yes, sir.
Mr. Carollo: It is a bid process you go through like you always have, right?
Mr. Garcia: Yes, sir.
<, Mr. Carollo: That's the way it should be.
Mayor Suarez: The percent that we're receiving now you're saying the interest
rate is approximately?
Mr. Garcia: Well, on new investments it will be about 8 percent..
Mayor Suarez: Is that based on what time period for deposit?
Mr. Garcia: We are keeping our investments short at this time because inter-
est rates are low, we try to make them 30-60 days, but on the average we try
to invest moneys for one year, average life of a year.
Mayor Suarez: Thank you. What is the Commission's pleasure on item 21?
Mr. Plummer: Well, am I to understand that not a single dollar can be spent
from this fund without Commission approval?
Mrs. Dougherty: That's correct.
Mr. Plummer: None.
Mrs. Dougherty: Nothing.
Mr. Odio: They can't spend the money unless you approve it.
Mr_ Plummer! Extent the 945.000 that disappeared before.
Mr. Carollo: Well, I don't know if it was forty five or more, J. L., but...
Mr. Plummer: Well, that's why I'm questioning it, Joe, you know, we went
} z through a series of things here in which parts of this money could never be
identified what happened to it.
Mr. Carollo: Absolutely, it disappeared.
Mr. Plummer: And I would feel much more comfortable to eliminate the word
appropriations out of this ordinance. Well, the other question I have is why
is it an emergency? I don't know why it qualifies as an emergency.
Mr. Carollo: I don't mind, whichever way we go about it as long as we give
final approval to the boat today.
Mr. Plummer: Well, let me tell you what I would like to do. I would like to
move it on First Reading and before the Second Reading, the Manager will come
back showing us all of the appropriations made to this date and any proposed
appropriations in the coming fiscal year.
Mr. Carollo: That's fine, I'll make such a motion.
Mr. Plummer: I second.
Mayor Suarez: It has been moved and seconded. Any further discussion from
the Commission? Yes, Commissioner.
Mr. Plummer: Let me just indicate on the record, which I think this Commis-
sion is on policy. That is that these moneys are very greatly restricted as
to what they can be used for and we have instructions to the Manager that
whenever possible, any moneys expended by the Police Department, it can came
from this fund, that they are to be done such, freeing up the money of the
general accounting of the Police Department. That is what I want to be
looking for. You know, if you go out and you buy equipment that you can take
from this fund and free up hour money which has no restrictions, that is what
we ought to be doing and that's what I want to make sure is being done.
Id 39 March 10, 1986
AN ORDINANCE ENTITLED -
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.
Was introduced by Commissioner Carollo and seconded by Commissioner
Plummer and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
The 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. PROCEED WITH R.F.P. PROCESS FOR PURCHASE OF
TWO NEW BOATS FOR MARINE
PATROL.
Mr. Carollo: Now, if we could take up Item 85,
since the Police Chief is
here, this way he could be on his way. I'll be ready
to make a motion.
+..:,...
Mr. Plummer: Well, I would assume, Joe, that what
you're doing here is going
j.. out to the bid process.
Mr. Carollo: Well, I would hope that we did that already.
Mr. Plummer: Do we have current bids?
414Y'.T .
x:.,,...r..
Mr. Carollo: Let me go back in the history of this. Several years ago, I
made the motion for the creation of the Marine Patrol Unit and the Commission
authorized and gave the moneys for the purchase of two new patrol boats. Low
and behold, sometime later, over a year after that, we find that only one
Marine Patrol boat was bought and that the administration at that time decided
to use part of that money for something else that we still cannot understand
or locate, instead of buying the second Marine Patrol boat. So, approximately
a year ago I made a second motion to approve the funds for the purchase of two
more additional Marine Patrol boats which would give the City three boats that
we have bought ourselves plus one confiscated boat that we have. Now, if we
.q
had bought this a year ago when the original motion was made, these boats
would probably have paid
for themselves five, ten
times over because the job
they are doing out there
in confiscating property,
narcotics, cash money, has
w
been tremendous.
Mr. Odio: Chief Dixon tells me that the last time
the boats were discussed at
r yr
the Commission level it
was not approved, it just
died at this level, there-
�'<'=ri)
fore, no action has been
taken.
Mr. Carollo: Well, what do you need, Chief?
Mr. Odio: This resolution that we've got to purchase the two boats and I'll
move it on an emergency procedure basis.
Id 40 March 18, 1986
Mr. Carollo : So move.
z
Mrs. Kennedy: I second, I think that we've been experiencing tremendous
illegal activities and we desperately need the boat in Miami River. I second
s
that motion.
Mr. Plummer: All right, I'm still concerned about the bidding procedure. We
have not received, the last time bids were even taken were over two years ago.
Mr. Odio: We have to go out again, that's what I'm saying.
r h:'
Mayor Suarez: Yes, it is a clarification. We're authorizing you to begin the
R.F.P. process.
'}
Mr. Odio: Sure.
L ,
.-
"`
Mayor Suarez: Whether it should have been done before or not, that's...
4 ..
Mr. Plummer: Well, Okay, the only thing I'm going to interject is that this
Commission has to approve the specs for the bid. Now, I think we've got to
buy a boat that does the job that is necessary but I don't think we need to
r9,
buy beyond that and the tendencies always are to spend a lot more money to et
Y Y Y P Y 8
",.
something much better that we really don't need. So, I'm thinking that this
Commission needs to sce the specs. We are authorizing by this motion to
proceed to buy. So that is resolved. So what we need now to do is to see the
`
set of specs to make sure that this Commission concurs on what is being bid is
Y.
what we feel is necessar Chief, can I ask y you a question, or Mr. Manager,
very quickly? You know, we have just bought what, 78 police cars?
Mr. Odio: Seventy—eight was approved.
Mr. Plummer: Okay, can the moneys from this fund be used to purchase those
police cars? From the Law Enforcement Fund?
Chief Dickson: No, sir, they cannot.
Mr. Plummer: They cannot, it is restricted from.
Chief Dickson: It is, it is exempt.
y. Mr. Plummer: Okay. Well, how does a boat deviate from a car?
Mrs. Dougherty: What the State statute says is that you may purchase crime
fighting facilities and it says specifically you may not use it for operating
expenses. So if these cars were in the normal operating expense of the City,
that is if you would have had to buy them anyway, you can't use the Law
Enforcement Trust Fund money. However, with the purchase of two new boats,
you're creating a new capital improvement for a different kind of crime
fighting facility. So we have permitted that to occur.
Mayor Suarez: That is interesting that
a boat is
considered a capital good
'
and an automobile is considered a durable
operating
expense type good.
Mr. Carollo: Well, the reason it is is
because we
have not had to buy these
boats on a regular basis in the past like
cars.
Mr. Plummer: Well Okay, I'm not going to argue the point. I'm merely trying
to say that whenever possible, use this fund with the restrictions, if it is
applicable, and free up your General Fund money. That's all I'm saying.
Mrs. Dougherty: We have said you can buy cars, if you are starting a new
program you can buy the cars for that new program so long as it is not a
continuing operating expense. So you can you can disband the program when
your cars are gone if you don't have the money left anymore. That's the
criteria.
Mayor Suarez: There are ways then, to finally answer the question, in which
we could purchase police cars with the fund moneys.
Mr. Plummer: There is no question about that, it is just a matter of wording.
i ld 41 March 18, 1906
Mayor Suarez: If we were creative enough.... That's interesting. Do I have
a motion on this item?
Mrs. Kennedy: You have a motion and a second.
Mayor Suarez: There is a motion and a second, I think it has been clarified
that we must review and approve the specs prior to issuance of the R.F.P. Any
further discussion from the Commission? Hearing none, please call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-193
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
IMMEDIATELY PROCEED, ON AN EMERGENCY BASIS, WITH AN R.F.P.
PROCESS FOR PURCHASE OF TWO NEW BOATS FOR THE MARINE
PATROL; FURTHER INSTRUCTING THE ADMINISTRATION TO BRING
BACK THE SET OF SPECIFICATIONS IN CONNECTION WITH, SAID
R.F.P. PROCESS FOR REVIEW AND FINAL APPROVAL BY THE CITY
COMMISSION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
17. AMEND ANNUAL APPROPRIATIONS FIRST READING ORDINANCE - TO ACCOMMODATE
ADMINISTRATIVE CHANGES AND REORGANIZATIONAL ORDINANCES.
Mayor Suarez: Item 22, another emergency ordinance.
Mr. Odio: Item 22, this is housekeeping, this is all the reorganization that
was done in the past few months and nothing else, it is just putting every
account...
Mr. Plummer: Why an emergency?
Mr. Odio: The Management and Budget people felt that it should be approved on
an emergency basis.
Mr. Plummer: Let me ask you this question. How does this differ from Item
30? What is the Tourist Promotion Department?
Mr. Odio: Number 30 is abolishing the Tourist Promotion Department of the
City Code. That Tourism Promotion Department was abolished in 1979-80 and it
stayed on the books so all we're doing is trying to clean up the.... that used
to the Lew Price Department.
Mr. Plummer: Okay, thank you. State on the record the reason for the emer-
gency.
Mr. Odio: I don't know the reason, if you want to approve it on First Reading
it is fine with me.
Mr. Plummer: If you go to court, you've got to justify the reason for the
emergency. I'm asking you in advance.
Id 42 March 18, 1986
Mr. Odio: I would say leave it as a First Reading. It is a savings to the
u City of Miami of $3,000,000 but the savings are already...
Y•
ri. Mr. Plummer: Madam City Attorney, does that constitute an emergency?
^LL
i
Mrs. Dougherty: The savings occurred because of the reorganization, not
because of this ordinance. So we suggest you pass it on First Reading.
`= Mr. Plummer: So move it on First Reading.
Mayor Suarez: Moved on First Reading item 22, as such, do you have an objec-
t y
tions, Mr. Rolle?
.`
Mr. Wellington Rolle: No, I just had one question I wanted to ask. In the
bottom portion of this proposed ordinance increasing the appropriation for
Special Programs and Accounts, and I'm wondering if that was a part of the
other several ordinances that were combined and, of course, you were changing
the names and the functions and transferring the appropriations. It seems as
though some extraneous language has been added into this particular ordinance
that does some things other than address those specific ordinances by number
is
that appear in the title. I don't know if that is a concern to the Commis-
sion, but I'm wondering if we're only talking about making the formal transfer
of the appropriations that goes with those departments that were combined and
what have you, I think that there would be no objections, but if we're adding
language that increases the amounts of moneys in some other departments and
what have you, then I think that maybe the Commission needs to give that some
more thought, or a look at.
Mayor Suarez: What is the reason for the increasing of the appropriation of
Special Programs and Accounts, is that because of a reshuffling of duties?
Mr. Odio: The savings are going into that account and it is going to stay
there and they are not being appropriated, they are just being saved, it is an
allocation.
Mayor Suarez: An allocation to that account, not an appropriation in the
usual sense. It is no longer an emergency ordinance, it has been moved as a
r"r simple ordinance. Can you read it p y please. We do have a second. do we not?
Mrs. Kennedy: Second.
Mayor Suarez: We now have a second. Can you read the ordinance? Call the
' roll, please.
Id 43 March 18, 1986
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1, 2, 4 AND 6 OF
ORDINANCE NO. 10039 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 ADMINISTRATIVE 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; ELIMI-
HATING THE APPROPRIATION FOR THE OFFICE OF PUBLIC
INFORMATION AND THE OFFICE OF INTERGOVERNMENTAL
AFFAIRS; INCREASING THE APPROPRIATION FOR THE DEPART-
MENT OF MANAGEMENT AND BUDGET; TRANSFERRING THE
APPROPRIATION FOR THE CONVENTION BUREAU TO THE DEPART-
MENT OF CONFERENCES AND CONVENTIONS; TRANSFERRING THE
APPROPRIATION FOR ECONOMIC DEVELOPMENT; INTERNATIONAL
TRADE PROMOTION, THE OFFICE OF SOUTHEAST OVERTOWN/PARK
WEST, AND THE OFFICE OF CAPITAL IMPROVEMENTS TO THE
DEPARTMENT OF DEVELOPMENT; DECREASING THE APPROPRIA-
TION 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; DECREAS-
ING THE APPROPRIATION FOR THE PARKS AND RECREATION
DEPARTMENT; INCREASING THE APPROPRIATION FOR THE
PUBLIC WORKS DEPARTMENT; INCREASING THE APPROPRIATION
FOR THE DEPARTMENT OF INTERNAL AUDITS AND REVIEWS;
DECREASING THE APPROPRIATION 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.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
' Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
;t
{, NOES: None.
Z4�
ABSENT: Vice -Mayor Miller J. Dawkins
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.
'y
18. FIRST READING ORDINANCE: COMBINE DEPARTMENT OF PARKS AND DEPARTMENT OF
RECREATION INTO SINGLE DEPARTMENT TO BE KNOWN AS THE "PARKS AND RECRE-
ATION DEPARTMENT."
Mayor Suarez: Item 29.
`s
Mr. Odio: This is again a
housekeeping. The Department of Parks and
the
"qT
Departments of Recreation were
created back
in 1980. Back in 1982-83
they
were again consolidated and
the name change
was never changed back to
the
Department of Parks and Recreation
and this is
just to clean up the Code.
Mr. Plummer; Move it.
n t
Id
44
March 18,
1986
Mrs. Kennedy: Second.
Mayor Suarez: Its' been moved and seconded. Further discussion? Call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING SECTIONS 2-186, 2-187, 2-188,
2-196, 2-197, 2-198, AND 2-199 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, AND ADOPTING NEW CODE
SECTIONS 2-189, 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.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
The 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.
19. FIRST READING ORDINANCE: ABOLISH THE TOURIST PROMOTION DEPARTMENT.
Mayor Suarez: Item 30, we have discussed this previously. It has been moved,
seconded. Any discussion from the Commission? Please call the roll.
AN ORDINANCE ENTITLED -
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.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote -
Id
45
March 18, 1986
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
The 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.
20. FIRST READING ORDINANCE: ESTABLISH FUND: "PRESCHOOL PROGRAM".
Mayor Suarez: Item 31.
Mr. Odio: These are moneys that we are receiving in fees.
Mr. Plummer: These are the fees and from the United States Department of
Agriculture. It is not City money.
Mr. Odio: It is not City money.
Mrs. Kennedy: For how long do we have this program? Is it for two years or
one year?
Mayor Suarez: It seems to be Fiscal Year 85-86.
Ms. Susan McKay: This program was originally included in the Recreation
Activities Special Revenue Fund and we're really asking that you split it out
specifically for the preschool so that we can split it out from other revenues
earned by the Parks and Recreation Department.
Mayor Suarez: Does it use the same fiscal year as the City of Miami, the rest
of the programs?
Ms. McKay: Yes.
Mayor Suarez: So it ends in October of this year.
Ms. McKay: Yes.
Mayor Suarez: You can spend the $100,000 by October of this year?
Ms. McKay: Yes.
Mayor Suarez: Have some of them been spent already, or spending has accrued?
Commissioners?
Mrs. Kennedy: Move it.
a
Mr. Plummer: Second.
Mayor Suarez: Any further discussion? Please call the roll.
r�
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND
ENTITLED: "PRESCHOOL 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 K
SEVERABILITY CLAUSE.
Id
46
March 10, 1906
x
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
The 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.
21. DISCUSSION AND TEMPORARY DEFERRAL OF IMPOSING "IMPACT FEES" ON DEVELOP-
MENT (See label 23).
Mayor Suarez: Item 32.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: It has been moved and seconded. Mr. Rodriguez, are you going
to take a chance at ...
Mr. Sergio Rodriguez: No, I just want to introduce for the record that it is
as per a memo dated March 12, 1986 from the City Manager to the Commissioners.
Mr. Plummer: Under discussion, the only thing is it doesn't go far enough.
This is a start, that is fine.
Ms. Trudy Burton: Do you accept comments from the public on First Reading?
Mayor Suarez: Yes.
Ms. Burton: My name is Trudy Burton, I am the Associate Director for Govern-
ment Affairs for the Builders Association of South Florida. They have a
thousand members that cover Dade and a little bit of Broward, they're basical-
ly home builders and contractors. I spoke to you all last meeting about the
impact fee concept in this particular ordinance. Our association has become
acutely aware from both the City and the County needs for infrastructure and
the money that you all need to build it. That is why we support impact fees.
It took about two years for my folks to begin to really change their mind on
the whole issue. I think now that they have, they find that impact fees are
acceptable so long as everyone pays their fair share. In this particular
ordinance, there is a threshold at 1.72 FAR above which everyone has to pay
and it is a high impact fee. Below that, no one has to pay anything, particu-
larly in these three sub areas.
Mr. Plummer: Trudy, I agree with you that I want it to be uniform with the
exception of single family residences.
Mr. Burton: My folks are single family builders, I'm not even asking for them
to be exempt, I'm saying everybody should pay their proportionate share.
Mr. Plummer: I don't agree with you on single family residences, on homes - I
do on any other. But it is of the Department and the Legal Department that
this is just the first step to get it established, if it is tested in court.
Then, we will come back in the very near future and I hope include everything
but single family residences.
Ms. Burton: I have no problem with waiting for the citywide impact fee to be
in place. Our concern is that in the three sub -areas that are before the
Commission now, that the 1.72 is really unfair.
ld 47 March 18, 1986
Mr. Plummer: Tell us why you established the 1.72.
Mr. Rodriguez: The 1.72 was established based on the Comprehensive Plan that
a few years ago established a maximum threshold for development. The Commis-
.
sion after that, in actions that they took in these three areas, increased
density considerably and created an impact that was very specific to this area
which is the key word in the cases of impact fee, an impact that can be traced
to the impact fee that is being charged. And we believe that this is a very
acceptable and legally defensible impact fee.
Mr. Plummer: How long before you will come back to this Commission to expand
r
that to everything but single family residences?
Mr. Rodriguez: The format of the ordinance itself, we have it available, it
depends on the information that we need to get from all the departments, which
=°
is a lot, we're saying between three and six months we'll be ready.
='
Mr. Plummer: Okay.
Ms. Burton: I've got a few other comments that I want to that relate to the
ordinance.
y,
Mayor Suarez: Let me just clarify something before you go into that. As of
now, we're only defining how many areas?
Mr. Rodriguez: Three areas.
Mayor Suarez: The ones stated here as excess development potential?
Mr. Rodriguez: Right. We charged the Omni area, the north Brickell area and
tha CBD area and also we have a City-wide impact fee that applies to any
development over 1.72. We have some graphics, if you want to.
tt
Mayor Suarez: At some point, and I don't want to interrupt your statement
Trudy, if you would give us, if you have any, just an example, an illustration
of what it might have cost, for example, for the Omni or any other building
that is fairly well known under this impact fee, I'd just like to have an
4
idea of what kinds of moneys we're talking about. I've looked at your sched-
`'`
ules and they're somewhat difficult to calculate.
Y"
Ms. Burton: Thank you, Mayor Suarez. One of the problems with a fee only for
j>
developers that are building at 1.72 and above is in effect it is a disincen-
tive to build in that particular sub -area and given that there is a tremendous
mass transit that is in there and the People Mover that will be in there, I
think one of the things that is important is to create an equitable fee so
� .
that people will not be chased away from downtown to someplace else because of
L
an inordinately high fee. Second, the Association's members believe that each
of type of development creates its own special needs of infrastructure. For
rY.il
example, commercial will probably generate a tremendous amount of needs for
roads and some kind of transportation, a little bit of water and sewer and so
forth. Residential creates a tremendous need for schools, parks and some
'-u
roads. Those kinds of folks that are building in that sort of development
-:,
then should pay for the needs that they are creating. I don't believe that
�, fir_
this ordinance does that. I looked on page 11 of the ordinance, at the top
one of the proposed impact fee schedules, and I'm noticing that for the three
sub -areas, parks and recreation is about 85% of the entire fee it is 7.0.
I'm not a great mathematician, but there is 7.0, that's for parks. In an area
x..
..
that is commercial, that would make more sense to me if there were transport&-
tion and road money in there. The total impact fee is 8.5, I'm sorry, the
total amount of improvements is 8.5 million dollars, 7 million dollars of that
j=T='
is parks. I'm not sure I understand how a commercial structure generates that
much need for parks. So I would like to draw your attention to that.
Mr. Plummer: Well, let me understand - Madam City Attorney, the moneys
generated by the impact fees are going to be determined by this Commission
where they're spent, is that correct?
Mrs. Dougherty: No, they're allocated right here.
C
t
f
Id 48 March 18, 1986 w
Mayor Suarez: Are they going to general revenues or are they specifically
allocated?
Mrs. Dougherty: They are allocated in these various categories: Fire Rescue,
Streets and Storm Sewers, Parks and Recreation.
Mr. Rodriguez: And to the specific areas.
Y
Mr. Plummer: Why is that necessary?
Mrs. Dougherty: Because the amount
of
fee that is charged is
based on first
the City ascertaining what is needed
and
then splitting up what
is needed and
allocating that to the development
that
is anticipated, so that is how they
:.
charge the fee, and then once the
fee
is collected you have
to spend it on
;,.... __
those areas otherwise your impact
fee
is invalid. You are
supposed to be
paying for the impacts that your development is causing.
Mr. Plummer: She makes a very good point, that if you're spending 70% or 80%
of the money on parks, that's nbt the impact that is being caused.
Ni>
yt^:
Mrs. Dougherty: The planners, the Planning Department have determined that
the impact...
t.
Mr. Plummer: The Planning Department is wrong.
Mr. Rodriguez: If I may, sir, the information that we have received from the
different parks, departments of the City that have been giving us information
on this, they have been able to estimate that this is the impact that is
caused by development over 1.72. We can add impacts in the future which are
not contemplated by the ordinance and those can be assessed to the developers.
What we cannot do is double charge them.
Mr. Plummer: Mr. Rodriguez, sir, I respect your right and that of other
departments to express their opinion. I happen to disagree. Now, what I'm
saying, and I was the original proposer, is that a building creates impacts.
-
Those impacts are the streets, the water, the sewers, all other costs of doing
business which is now being burdened on the taxpayers.
Mr. Rodriguez: Right.
Mr. Plummer: And for anyone to sit there, I don't agree with this at all,
that 80% of this money, that the impact is just on parks.
Mayor Suarez: Mr. Rodriguez, let's hold that question for a second and open
the bids on Item 60 which were scheduled to be opened at 11:25 a.m. so we can
be as close to the time period as possible. We're still on this item and
there will be plenty of discussion.
AT THIS POINT THE HEREINABOVE ISSUE WAS TEMPORARILY DEFERRED (SEE LABEL #23).
22. A) RECEIVE SEALED BIDS FOR CONSTRUCTION OF NORTH RIVER DRIVE HIGHWAY
IMPROVEMENT B-4501;
B) DEFER AWARD OF BID FOR CONSTRUCTION OF NORTH RIVER DRIVE HIGHWAY
IMPROVEMENT B-4501;
C) DIRECT CITY ATTORNEY TO DRAFT APPROPRIATE WORDING TO ENSURE REJECTION
OF BIDS. WHICH UNREASONABLY EXCEED PROJECTED COSTS.
Mr. Plummer: 60, I move that bids be opened.
Mrs. Kennedy: Second.
Mr. Plummer: What is the projected cost by the Department? If nobody knows.
I'm going to ask that all bids be thrown out.
Mr. Odio: The project. Go ahead, you want to answer it?
14 49 March 109 1986
M
Mr. Gene Pelaez: I'm Gene Pelaez, from Mr. Cather's Office, Public Works.
There are two bids to be received. Bid A is for $850,000 and Bid B is for
$1,200,000.
Mr. Plummer: The first is 800?
Mr. Pelaez: $850,000 is the estimate.
Mr. Plummer: $850,000. And Bid B?
Mr. Pelaez: Bid B includes decorative pavers on the sidewalk and it is
$1,200,000, the estimate.
Mr. Plummer: That is the projected cost.
Mr. Pelaez: Yes, sir.
Mr. Plummer: Okay, thank you. How many bids were received in total?
Ms. Hirai: Mr. Commissioner, when he said Item A and B he was actually
referring to the total bid and then to the alternate bid rather than A and B,
that's the way they're specified.
Mr. Plummer: The projected cost of the A portion is the $850,000. The B
portion projected cost by the Department is $1,200,000.
Mr. Cather: Total, for both.
Mr. Plummer: For both?
Mr. Cather: Yes. In other words one is with the paving on the street, on
River Drive for the park and that is the $1,200,000, the other one is
$850,000.
Mr. Plummer: Okay, thank you for the clarification.
Mayor Suarez: Please proceed.
Ms. Hirai: Mr. Mayor, these are sealed bids for construction of North River
Drive Highway Improvement B-4501.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-194
A MOTION TO FORMALLY RECEIVE AND OPEN SEALED BIDS FOR
CONSTRUCTION OF NORTH RIVER DRIVE HIGHWAY IMPROVEMENT B-
4501.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
ld
Norch 10. 1006
A I
BIDS WERE RECEIVED FROM THE FOLLOWING BIDDERS AND WERE READ ALOUD INTO THE
PUBLIC RECORD BY THE CITY CLERK:
Southeastern Concrete Floor, Inc.
M. Vila & Associates, Inc.
P. N. M. Corporation
P. J. Constructors, Inc.
Garcia Allen Construction Co.
Williams Paving Co., Inc.
Miri Construction, Inc.
Man -Con Inc.
Mayor Suarez: What was the lowest numerical bid on ...
Mr. Plummer: $876,000 on the A portion.
Mayor Suarez: And on the alternate?
Mr. Plummer: $1,269,000.
Mayor Suarez: And what was the company, is it the same one?
Mr. Plummer: Southeast. Is it within the purview of the Commission to reject
all bids?
Mr. Carollo: It certainly is.
Mrs. Dougherty: You can reject all bids if you have... you can't do it under
arbitrary and capricious reasons, you have to have good business reasons.
Mr. Plummer: Well, the reason is that all bids are over projected cost.
Mrs. Dougherty: That would be sufficient.
Mr. Plummer: I move that all bids be rejected and that it be rebid.
Mrs. Kennedy: I second.
Mr. Carollo: I second that.
Mayor Suarez: Let me just get a mathematical clarification. The estimate on
alternative A was how much?
Mrs. Kennedy: $850,000.
Mayor Suarez: And the low bid on that was?
Mrs. Kennedy: $876,000.
Mayor Suarez: It is awfully close to reject all bids when someone is that
close.
Mr. Plummer: Well. Mr. Mayor, we're either going to have to establish some-
where along the line, you know, it is awful close, if the bid was $100,000 is
that close? You know, I think that the reason we have these projections by
the department is that they feel that they are reasonable, and if none of the
bidders come in within projection, you're just going to be completely every
time running over, running over, and that is going to affect eventually your
bonds.
Mayor Suarez; Let me ask a question on the alternate for that, what was the
projection and the actual low bid?
Mr. Gathers $1.200,000 and the bid was $1,269,000.
Mayor Suarez: And it was $1,200,000 even on the projection?
Mr. Cather; Yes, this is an estimated...
Mayor Suarez: Is there some rounding off that takes place when we do that?
Mr. Cather: Certainly, we're making an estimated cost of construction,
I
Id 51 Marsh 10, 1966
Mayor Suarez: I'm sorry, was it the same company that came in low on both?
Mr. Cather: Yes, it is the same company and they are very very close in my
opinion to our estimate.
Mayor Suarez: What does it work out to be, Don, on $1,260,000 as opposed to
$1,200,000, what is the percentage variation?
Mr. Cather: Well, $867,000..... you've got.....
Mayor Suarez: Because I agree that some criterion can be established where if
no one comes within that we should reopen.
Mr. Cather: If we were over 10%, we would very seriously consider it, yes.
* 7
It is nowhere near 10%.
` Mayor Suarez: It is 52 is what it sounds like. On the alternate, on the
' initial it is even less than that, it is $25,875 or $25,850 rather.
:►
Mr. Cather: It is $17,000 out of $850,000, 10% would be $85,000, 5Z would be
$45,000, it is 2.5%.
Mayor Suarez: It is 2.5% on Alternative A and Alternative B 5%. Of course,
they could be working in concert and having one come in a little bit higher
"
and the other one is higher than that, but we have no indication of that
whatsoever.
..';,
Mr. Plummer: Mr. Mayor, look, I have no problem. You want to establish a
percentage that if the lowest bid is not within "x" per cent of the projection
that is fine, but I think we have to establish a policy because I can't
remember when that a bid has come in at or less than what was projected.
Mayor Suarez: We've done some since I've been here, but I have to admit that
riti'x><
it has certainly been a small minority.
Mr. Plummer: Yes, look, here is my problem. Mr. Mayor, we sell bonds to the
public based on projections of what they will cost. Now, every time you run
over a projection you are leaving less bonds to do the other projects and we
are continuously finding ourselves in a position of not having sufficient
funds to finish the projects. Now, you know, all I'm saying is if you want
I'll withdraw my motion, if you want to establish a 5% criteria or a 2%
criteria...
Mayor Suarez: Yes, at least as a rule of thumb, I would think that anything
in excess of 5% would warrant reconsideration. I don't know that we should
ever make it into an ordinance like we did on the penalties of a contract that
is actually negotiated, because you just don't know about our estimates being
particularly accurate.
Mr. Cather: We have in certain cases had lower bids, Mr. Plummer, and the
estimate of cost, if it goes over 10% I can assure you it is looked over and
if it is over that we'll throw it out and rebid it. Nov. if you want to make
it 52 that's fine, but that is trying to make our estimating awfully close.
Mayor Suarez: It is interesting and it is a great opportunity in a situation
like this if we're legally permitted to reopen, of course, it delays the
process a little bit and God knows what inflation might do, but I have a
feeling we're going to have lot lower bids once we reopen, just guessing, once
they're heard all the other bids.
Mr. Cather: Well, considering the fact that you've got, this bid is. in my
opinion, has to be looked at very carefully to make sure that they are capable
of performing the work because they are substantially below every other bidder
and they are $120,000 below the next highest bidder which also scares me. I
want to make sure that these contractors have enough money in here to build
this thing properly so it lasts and they don't try to stick us with a whole
bunch of extras through the process and do a lot of cheap work to make money
on this job. This is a very low bid.
Mr. Plummer: Mr. Mayor, let me change my motion to a motion that says that we
defer this and that the Department is to come back and report to this Commis—
sion later whether today or at the next meeting,
34 52 March 18, 1946
Mr. Cather: That's fine.
Mayor Suarez: We have a motion to defer until later or to another Commission
Meeting on this particular item.
Mr. Plummer: The award.
Mayor Suarez: As to the award, the bids were accepted.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded, any discussion from the Commission? Please
call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-195
A MOTION TO DEFER AWARDING OF SEALED BIDS RECEIVED FOR
CONSTRUCTION OF NORTH RIVER DRIVE HIGHWAY IMPROVEMENT B-
4501 UNTIL LATER ON, THIS SAME MEETING, OR SOME TIME IN
THE NEAR FUTURE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
Mr. Plummer: I now make a motion that in the future the City Attorney be
authorized to draft wording that any bids for any project that come in over 5%
of projection be rejected. I offer that in the form of a motion.
Mayor Suarez: You mean if all the bidders.
Mr. Plummer: Yes, if there is not a low bidder within 5% of projection, that
all bids are thrown out, and rebid it.
Mrs. Dougherty: Mandatory or permissive?
Mr. Plummer: No, mandatory. It is the only way we're going to get these
projects finished without having to continuously go back to the people and ask
them to pass more bonds. more bonds, more bonds. We're losing our credibili-
ty. We've told the public now twice that if you pass this bond this will 100%
newer the City and each time we've had to go back and ask for more based on
the fact that they ran over, inflation, cost factors and all of that. And the
only way that I think you can actually put out a bond issue is on projected
cost. I tell you, you go ahead and prepare the wording and I'll bring it up
and schedule it for the next agenda.
Mrs. Kennedy: This is not in the form of a motion.
Mr. Plummer: No, it isn't necessary. I'm just asking for a request.
53 March 10, 1986
23. CONTINUED DISCUSSION RE PROPOSED FIRST READING ORDINANCE ON "IMPACT
r `•. gyp
FEES". ( See label #21)
Mayor Suarez: We're back on item 32 and everyone seems to have questions, I
have some questions about it too.
=:
Mr. Rodriguez: Yes, I was trying to explain to Commissioner Plummer that the
impact fee is not the only way to exact fees from, exaction from the develop-
er. The impact fee covers certain areas only, certain areas of improvement.
If we were to find that a particular developer were to create a larger impact
'
in a certain portion, because of his development, for example, that he would
require to have an improvement in a street not contemplated in the calcula-
tions that we have as part of the attachment H, then we can, through the
development process, we can ask them to participate and contribute more
towards that impact that he is creating.
f
Mr. Plummer: Sergio, if you were to be taken to court and I was sitting there
as a judge, and you tried to defend a policy saying that the impact created by
Omni, that 80% of the impact they created was parks, I think I would laugh at
you.
Mr. Rodriguez: Well, I would like to relate to the fact that we have in
attachment H the part that we believe that we are requiring because of the
41 type of development that we would get there and the type of improvements that
will be required. If we have, for example, in the case of Omni, we have a
need for a park in that area that we cannot take care of through our regular
general revenues and we're going to have an increase in development in the
area which is so large and is created by this new development and we can
w relate it specifically to the location that we have, I believe that we can
defend it.
5'
;< Mrs. Kennedy: Sergio, let me ask you, what happens, let's assume we go beyond
these three areas and we build a building, the give us - there is only one
g • Y g Y
building. Okay? And they give us, for argument's sake $100,000 but there is
really no need for a park?
Mr. Rodriguez: That's a specific situation, let me try to put that in the
context of the ordinance. We have the three areas and then we have a citywide
impact fee that we charge for development over 1.72 and you're saying if any
project outside of the three areas create a fee of $100,000?
Mrs. Kennedy: Right.
Mr. Rodriguez: Okay, what would happen is that fee will have five or four
different elements. A certain amount would go into parks and recreation, a
certain amount would go into street improvements and sewer, and a certain
amount would be caused by fire and rescue. So what we have to do is make sure
that when we allocate the amount of money - and this is within a 20 year
period, we aggregate that amount that we receive from that project together
with other projects within the vicinity and allocated it to the specific type
of use that they create. For example, of the $100,000, maybe $20,000 are
caused by the need for a park. We have to make sure that any other fees that
we collect in that vicinity in the future, within that 20-year period would be
allocated for parks for that area, for improvements for parks for that area,
it might not be a need for a new park, specifically for the type of facility
for which it is collected and in the vicinity of the area for which it is
collected. I believe, by the way, that this...e the way we have it now, and
we have been discussing this with the Law Department, is a defensible ordi-
nance, a legally defensible ordinance.
Mrs. Kennedy: I think so.
Mayor Suarez: I'm sure you wouldn't propose them to us unless they were.
Mr. Rodriguez: And this is the best information that we can get at this
point. When we come with the next one, which is a citywide ordinance• we'll
have to spell out very clearly to you what we were trying to do there so you
know what we're getting into. In this case, that's why I referred to the
14 54 March 189 1986
memo, we have policy decisions which are on page 3 of 6 that you are accept-
ing, if you were to go for these impact fees, that we believe are important
and I think part of the record.
Mr. Plummer: What about the impact on police and fire?
Mr. Rodriguez: We haven't received information from police as to what capital
improvement programs would be required. Whenever we get them, we amend the
ordinance.
Mr. Plummer: Why capital improvements?
Mr. Rodriguez: Because the only thing you can get with impact fees - capital
improvements. You cannot pay for services. You are not allowed.
Mr. Plummer. Okay.
Mr. Rodriguez: So we can only use for capital improvements within a certain
area by the impact created by the specific development in that area and you
have to prove that the money you collect from that development will go specif-
" *
ically to serve the impact created by him or her.
Mrs. Kennedy: How about the plans that have been stamped subject to an impact
fee?
2
Mr. Rodriguez: Those plans, after discussing it with the Law Department, we
--:'
believe that we cannot use those. We have to use the stamped plans that would
be in effect after the ordinance has been in effect.
Mrs. Kennedy: Okay, I agree.
I';::.: .
Mr. Rodriguez: Which is one of the objections I believe that we had before.
Mr. Plummer: I'm going to go along with you, Sergio, even though I have some
disagreement. Okay? And I'm going to move it on First Reading with a guaran-
tee that in a time frame not to exceed six months you will be back to this
Commission with a citywide ordinance. But I'll move it on First Reading
today.
Mrs. Kennedy: And I'll second it, I think that it is generally a good idea.
Mayor Suarez: Sergio?
Mr. Rodriguez: Yes, sir.
Mayor Suarez: I'm not sure I'm going to vote on this yet, I'd like to go
along with the other Commissioners to get this accomplished because I think it
is a worthwhile idea but I've got some concerns. Number one concern, and I
think is the easiest to clarify, how about projects of regional impact? Now,
are they going to be excluded from this? Because they have a whole different
mechanism for determining impact and large amounts of money that they will
have to pay such as what happened to Worth and Company?
Mr. Rodriguez: They, will be included. Any items that are covered by the
impact fee will be credited toward the development order. They will not be
paying twice for the same type of impact.
j Mayor Suarez: Who credits whom?
Mr. Rodriguez: The City in the development order.
a
Mayor Suarez: But which?
J
I
Mr. Rodriguez: For example, let's say that we find....
Mayor Suarez: Which exaction credits the other exaction? In other words
which imposition credits the other one?
Mr. Rodriguez: Once we establish that there is an impact fee on the project,
that is reflected in the development order and when the project comes before k'
you for approval of a development order, you have to give credit to that F'
— portion that has been already.....
a
ld 55 March 19. 1966 in
ha
4
Mayor Suarez: This Commission under this ordinance would have to give credit
then.
Mr. Rodriguez: Right.
Mayor Suarez: Because the
other procedure, the Regional Impact procedure, is
quite discretionary from what
I was able to determine the other day.
Mr. Rodriguez: But those
are procedures that you establish, I mean they have
to come to you anyhow for
final approval.
Mayor Suarez: I mean at
the legislative scope is quite broad as opposed to
,.k
what you're putting in this
ordinance. That is one question. The second
question, you still haven't
given me a model or an illustration, can you give
me some illustration, I'm
looking, for example, that your residential unit
charge, if applied to the
total value or the total square footage, it could
work out to be $500 for a
2,000 square foot residential unit. I presume that
that is not the way that
it is calculated because we're looking at excess
u
development, right?
Mr. Rodriguez: Right. Let's
say that you have a development...
Mayor Suarez: Okay, supposing we're over 1.72 FAR.
Mr. Rodriguez: Right, you have a development of more than 1.72. The total
development that you're going to have on that site let's say is 500,000 square
feet of which only 100,000 exceeds the 1.72.
Mayor Suarez: Okay, so it is excess over the 1.72 which is a fairly arbitrary
figure.
�4 Mr. Rodriguez: It depends on each case, that's why the figure changes in
every area. And let's say ....
Mayor Suarez: But the 1.72 is citywide, that's a threshold requirement.
Mr. Rodriguez: The 1.72 is citywide, but we have zoning classifications which
exceed that 1.72, specifically in three areas of the City.
Mayor Suarez: Okay, now let's go to the Omni area. Let's say we're in an
area where FAR is what?
Mr. Rodriguez: There's a maximum of 6, let's say, it could be 12 but we don't
get that many.
Mayor Suarez: Let's assume a figure, whatever it may be, now how do you
calculate the excess development? Is it over 1.72 or is it over the zoning of
that particular area?
Mr. Rodriguez: Let's say that with 1.72 you can develop 400,000 square feet
of development.
Mayor Suarez: Okay, you go back to the 1.72 standard even for an area that
has higher zoning than that?
Mr. Rodriguez: Let me finish. The development that you have over that 1.72,
let's say a floor area ratio of 2.2. you have a development of .5 floor area
ratio that you apply to the gross lot area and because of that you might have,
let's say a development of 100,000 square feet over the amount that you will
be allowed to have over 1.72. You apply the impact fee only to that excess
amount.
' Mr. Plummer: Why?
Mr. Rodriguez: Because that's the way we worked out the ordinance. We exempt
the 1.72 with this ordinance, with the other ordinance it is citywide and
includes everything up to 1.72.
Mayor Suarez: And the idea is to give a citywide exemption that is uniform.
What does it work out to be? Give me just a rough example, what would the
Omni have been under present statute?
Id 56 March 1$• 34#4
Mr. Rodriguez: It depends on each building.
Mayor Suarez: Give me one that you're familiar with the square footage just
so I have an idea what we're talking about.
Mr. Rodriguez: Okay. If you have a building in which 400,000 square feet are
allowed with the floor area ratio of 1.72, that one they don't pay any impact
fee on that.
r ?" Mrs. Kennedy: It is in the other hundred.
Mr. Rodriguez: In the additional 100,000 square feet that is built after the
1.72 is achieved is where you pay the impact fee with this ordinance. You
_= might have though, other exactions imposed on the developer because of the
development order process, the DRI process that you have to pay.
Mayor Suarez: If it is a regional impact.
Mr. Rodriguez: If it is a regional impact.
Mayor Suarez: Well, can you give me one mathematical example, can you give me
s ja,
just one so I have an idea? I don't know if we're talking about millions of
dollars for a building like the Omni or if we're talking about hundreds of
thousands of dollars.
Mr. Rodriguez: If you want to, between First and Second Reading I will meet
with you and show you examples, calculating specifically projects....
Mayor Suarez: You have gone through this whole ordinance and you have pre-
_{.;' sented it to this Commission and you cannot give me now one example?
Mr. Rodriguez: Not here, now.
Mayor Suarez: In your mind theoretically you have a pretty good idea what the
imposition is like. Do you have any idea?
Ms. Burton: Unfortunately I don't because I don't all the information that is
the backup that our folks think is necessary for this ordinance, with all due
respect. I think we would like to see the back up.
Mr. Rodriguez: The back up is on item 32, which is attachment A through H.
Ms. Burton: I see that, I guess I'm asking a little bit more detailed ques-
tion here. I'm not sure if it is time for me to finish, I didn't want to
interrupt Sergio's presentation.
Mayor Suarez: If you're going to finish do it as quickly as possible.
Ms. Burton: Okay, fine. I was pleased to hear what Sergio said about not
using the retroactive impact fee stamp that has been placed on all the plans,
that has been a concern of our folks. I wanted to make sure that there was an
effective date that as of "x" day impact fees will be imposed, which pleases
me. Another point is that I'm not sure I see the timing of how to spend the
impact fee in this particular document. I know it comes with a capital
improvements plan but unless I missed it I didn't see how the money is going
to be spent and when, which is an important one. Also, in your discussion of
DRI's and how they pay their impact fee, I believe according to the State
Growth Management Law, DRI's are only allowed to have impact fees imposed upon
them. You cannot go back and then say, "Well, now we've got impact fees and
now we're going to get you again by having a developer exaction". It is two
bites st the apple,
Mayor Suarez: It's not going to be double dipping because one will create an
exemption on the other fee.
No. Burton: Exactly, that's I wanted to make sure.
Mayor Suarez; He clarified that, on major projects.
Ms. Burton: It just strikes me that all cities and counties are crying for €
money to build everything, fire stations, police, storm sewers and so forth, }
td 57 March 100 19$6
wn money,
and it was just hard for me to understand why the City would turn do
rt µ- I mean I don't get that.
Mayor Suarez: In connection with - Commissioner Plummer, in connection with
your suggestion that within six months we get additional feedback from the
Planning Department, would you accept a modification of that motion such that
we would have a comparative analysis of the Massachusetts or Boston ordinance
that allows ...
Mr. Plummer: No problem whatsoever.
Mayor Suarez: From my understanding, Sergio, it allows the City to spend the
r
money obtained from an impact fee in any way they want and I believe it
relates to, not a situation like this where no changes of zoning are neces-
K;,'..;; `k
sarily required in order for the impact fee to apply, but only where a change
�-
of zoning is required and is, in fact, approved by the regulatory body,
whatever it may be, because I think it might give us flexibility to do more
interesting things where someone is actually given a rezoning and maybe even
s=..:
can be done for a whole area such as what I have proposed for Biscayne Boule-
vard north which you told me was a fairly unworkable and almost silly idea,
-- '.
but I'm still battling with you on that. So you never know, maybe we'll look
:a
at some other ordinance from some other part of the country where it is
working quite effectively. We can implement something for a whole big area
like that that we want to go to a little higher FAR but at the same time get
something back for the neighborhood.
Mr. Rodriguez: I will look into that. Frankly, I have been looking for every
possible flexibility that we can get and the strength of our case is basically
on having something that is very clear and that follows the impact fee re-
quirements very exactly and that is what we have now, I believe. But defi-
nitely we will look into that.
-
n'.=,':-.'
Mayor Suarez: I can imagine that the law would put much greater restrictions
on situations like this where the person is not asking for any rezoning that
he already had placed on that property when he purchased, but if he is asking
for a rezoning to a higher...
Mr. Rodriguez% My understanding is, Mr. Mayor, maybe ...
Mayor Suarez: Or if we put it into an ordinance that has a flexible rezoning
as a more creative way of doing it for an area in question that we would like
to have more density and at the same time get some money back from the devel-
opers so -benefited, that is the concept used in Massachusetts now.
Mr. Plummer: Well, I would be opposed to that, Mr. Mayor, that concept. It
is not a matter of a person who gets a rezoning, it is a matter who is a
person who is developing.
Mayor Suarez: That's on this one, yes. I'm just thinking of the additional
concept where we can get moneys to improve neighborhoods.
Mr. Plummer: You see, the County does not have impact fees.
Mr. Rodriguez: They are working on it now, but they don't have it yet.
Mr. Plummer: Yes, but they don't have them and the reason they don't have
them, they have the special taxing districts and that is the same thing that
i we're trying to accomplish here. If you want to do something you don't burden
your neighbors with what you are doing. You pay for it yourself. You want
lights in your subdivision, they'll make you a special taxing district. That
way, you get it, you pay for it. I'm saying the same thing to these people
who are building these megastructures, these people who are building every-
thing except their private home, that they are creating an impact that I as a
homeowner and everyone sitting up here are having to shoulder the burden so
that they can do what they want and create the impact that they want. It is
wrong. It is wrong that they get to get the benefit from it and I've got to
pick up the tab. And all I'm saying to you is if they create an impact,
whether you do it on a square footage basis or you do it on a percentage,
however you do it, it has got to be applied so that the homeowners in this
community will no longer be asked to pick up for the developers who are making
a profit.
Id 58 [March 18, 1986
hr
xr:
Mayor Suarez: One other thing, would you tell me now, as your professional
opinion, as Planning Director of the City of Miami, whether you think, now I
know you haven't given us any specific illustrations, but I presume you have
an idea of the kind of imposition that this constitutes on major projects, do
F
you think, and I won't hold you to it obviously, it is just a pure opinion,
but do you think that this will be a disincentive to anyone that is presently
contemplating a project in the City of Miami? Do you think it is that kind of
a magnitude?
Mr. Rodriguez: In all honesty, no. I think that this will take maybe some of
•>;�
the uncertainty that we have now in the market and they will know ahead of
time at least what things they are going to be charged for.
Mayor Suarez: Well, a certainty created it by ourselves by proposing the idea
in the first place.
Mr. Rodriguez: Right. But also, there will be less differences in the way
sometimes we require developers, we accept things from developers. We will
:.'
know ahead of time how much it will be and they will know it. In addition to
+
that, I believe the most important thing, and this is not my area, but in real
estate there are three important items which are location, location and
75.
location, and I think we have the location, location and location for develop-
'`'°'
ment in this area.
13
Mayor Suarez: But you know what they say about elections and war, that it
=f'
takes three things, money, money and money. And if it costs them money
-''
location is going to be secondary. I would be willing to vote for it, again,
with the understanding that by the second reading of this ordinance you would
}
have some illustrations. I really need to know the magnitude of what we're
talking about and no one seems to be able to come up with any quick calcula-
tions and I understand it is complicated, but would you have some calcula-
tions, some illustrations for us?
...........
Mr. Rodriguez: We'll give you examples in the three areas - Omni, CBD and
x
Brickell .
Mayor Suarez: And I'm still concerned abut the disincentive, if I had an idea
of what moneys we're talking about then I'll be ready to vote on the second
reading.
Ms. Burton: Mr. Mayor, there is just one other thing that I wanted to point
out.
Mayor Suarez: Very quickly.
Ms. Burton: Okay. Policy decisions that Sergio directed your attention to,
particularly policy decisions 4 and 6. When I read them and some of the
attorneys we work with read them they really did not seem very clear and they
didn't seem to be addressed further back in the ordinance and I would appreci-
ate, for example, a definition of the word "development specific", I mean
where is that going to be? How are you going to relate that to the ordinance?
I still have a lot of questions on this, it just isn't hanging together right.
Mr. Rodriguez: Okay, in relation to item 4, what this is saying is that we
can exact other requirements from developers when we have a specific impact
created that are not contemplated by the ordinance. At the same time, we ...
i Ms. Burton: I'm not sure that that's fair, I thought that impact fee ordi-
nance was going to take care of that and you pay one impact fee and you don't
go taking two bites of the apple.
Mr. Rodriguez: If you look at page 11 that you referred to before, there are
certain fees only mentioned in that impact fee, certain facilities only.
There might be other facilities that will be created by an impact, by a
development; for example, let's say that it might create a need for a state
improvement, state road improvement. This is not covered by this because this
is only covering city improvements. Obviously we will have to find through
the development process in the development order a way of collecting or
assessing the developer for that kind of impact he is creating.
Ms. Burton: My concern is also from what you said about certainty. It is
very important to developers to have one big chunk or whatever it is to pay
Id 59 March 18, 1986
because that is important and I appreciated your saying that I'm lust
' -
trying to relate certainty and uncertainty between a certain impact fee and an
uncertain developer exaction that you still think that you're going to exact.
Mr. Rodriguez: To be more specific, Trudy, if you look in attachment H, those
roads, streets and some sewers which are showing over there are specifically
the one that we took into account. Anything that is not included in that
area or is beyond what we have estimated would be something that would have to
be exacted from the developers beyond what this ordinance is contemplating.
Ms. Burton: Thank you for your explanation. I still disagree.
Mayor Suarez: Any additional concerns you might have, as a suggestion,
particularly as to the wording and so on, you might get them to us before the
second reading. And also, I'd like to hear at the next reading, frankly, if
somebody would let him know from Roy Kenzie and the DDA, if they think this is
going to be a disincentive to some of the developments we have on line, that
could affect my vote. Have we read the ordinance yet? Please read it.
'
AN ORDINANCE ENTITLED-
AN ORDINANCE OF THE CITY OF MIAMI FLORIDA AMENDING
ARTICLE OF THE CITY CODE OF THE CITY, ADDING
'-.;.
THERETO, A NEW SECTION IMPOSING AN IMPACT FEE IN
DEVELOPMENT WHICH EXCEED CERTAIN FLOOR AREA RATIOS AS
HEREIN DETERMINED IN ORDER TO FINANCE MAJOR PUBLIC
FACILITIES, THE DEMAND FOR WHICH IS CREATED BY SUCH
y
DEVELOPMENTS; SETTING FORTH FINDINGS AND INTENT;
:_.
PROVIDING THE AUTHORITY THEREFOR; PROVIDING DEFINI-
TIONS; PROVIDING FOR APPLICABILITY OF IMPACT FEE;
s:..
PROVIDING FOR IMPOSITION OF IMPACT FEE; PROVIDING FOR
r,
ESTABLISHMENT OF EXCESS DEVELOPMENT SUB -AREAS, PROVID-
ING FOR DETERMINATION OF EXCESS DEVELOPMENT POTENTIAL;
PROVIDING FOR ESTABLISHMENT OF EXCESS FACILITY CAPITAL
PROGRAMS, PROVIDING FOR ESTABLISHMENT OF IMPACT FEE
COEFFICIENTS; PROVIDING FOR CALCULATION OF IMPACT FEE;
PROVIDING FOR ADMINISTRATION OF IMPACT FEE; PROVIDING
�'.
FOR BONDING OF EXCESS FACILITY PROJECTS, PROVIDING FOR
THE EFFECT ON THE ZONING ORDINANCE; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
s a .
Was introduced by Commissioner Plummer and seconded by Commissioner
-a, Kennedy and passed on its first reading by title by the following vote-
s:.K:;_: AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
-`. Mayor Xavier L. Suarez
NOES: None.
x ABSENT: Vice -Mayor Miller J. Dawkins
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: The Commission adjourns until 2:30 P.M. for public hearings.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCH RECESS
AT 12:10 P.M. AND RECONVENED AT 2:30 P.M. WITH ALL
MEMBERS OF THE COMMISSION FOUND TO BE PRESENT EXCEPT
FOR COMMISSIONER DAWKINS.
Id 60 March 18, 1986
1 4
�a 24. ALLOCATION OF S57,000 FOR CERTAIN SOCIAL SERVICE AGENCIES: WYNWOOD,
r SOUTHWEST ORGANIZATION, AND OVERTOWN DAY CARE CENTER.
Mayor Suarez: I have a feeling that we've got large numbers of people here on
Item 69. Can I ask you for a show of hands, raise your hand if you're here on
Item 69 which is approximately $57,000 in funds that the City had previously
allocated to the National Puerto Rican Forum. Can anyone from staff tell us
the number of competing groups? Thank you. The number of competing groups
that have applied for this funding?
Mr. Plummer: Who is here from Community Development?
Mayor Suarezt Do we have anyone from C.D. that can tell us anything? Do we
have a City Manager?
Mr. Plummer: This is the item of the $57,000 that nobody can find.
Mayor Suarez: I believe it is item 69.
a
Mr. Plummer: I can tell you this man is a competing factor for the Overtown
Preschool, I know he is definitely. Who are you representing? (INAUDIBLE
RESPONSE) I can't hear you, sir.(INAUDIBLE RESPONSE) The American Black
Community Movement in Coconut Grove, a food co-op. Who do you represent?
(INAUDIBLE RESPONSE) Okay. Are you representing another one that is trying to
get this money? Who do you represent?(INAUDIBLE RESPONSE) Tri-City what? I
can't hear you. (INAUDIBLE RESPONSE) Tri-City Community Organization. And
you have a formal application before the Commission? (INAUDIBLE RESPONSE) You
have in the past and been denied. All right, because you're aware that only
those which have, in fact, had applications before us can be considered
because that was the policy of the Commission last application. Boy, there
__
are a lot of applications for $57,000.
qq
Mayor Suarez: Frank, do you want to give us some guidance as to (1) who has
t
completed the application in a proper way, and (2) what, if any, recommenda-
tions is your department making?
Mr. Castaneda: We have received, in our Department, five applications but if
you recall, the motion that was passed by the City Commission did not require
4;
a staff evaluation of the program, it basically stated that the agencies
should come here and the Commission would redistribute the funds. The appli-
cations that we have in hand in our Department are from the Overtown Day Care
Program which is requesting $35,000; for the Wynwood Elderly Program which
requested $21.000; Hope against Soap - $50,000; Jewish Family Services -
$10,700 and the Freedom Learning Center Children of the World Intergeneration
Summer Camp $19,460. Per the request of the City Commission, what we did, we
put ads in the newspapers, most of the ads appeared on Monday, March loth, in
the Times it appeared on Thursday, March 13th. Basically the Commission
recalls, this was based on $57,000 that were allocated to the National Puerto
Rican Forum with the condition that the funds be matched by another funding
' y 'r
source. National Puerto Rican Forum has at this time declined the funding.
The have sent a letter which is a art of our package...
Y P Y P 8
Mayor Suarez: I think we had crossed that bridge before, they had been ruled
out.
Mr. Castaneda: Right, saying that they have turned down the money. Basical-
ly, this program had originally been allocated to the Wynwood Program, I
believe that the Commission stated that we would open it up for any meal
program and so forth. The Commission has not requested a recommendation from
r our Department in the past.
Mayor Suarez: Go ahead, Commissioner.
Mr. Plummer; The policy of this Commission which is still in present, is that
we feed the poor first, we address the sick second and anything else.....we
will talk about. Of those applications, or those present, how many address
the first two criterions set by the Commission?
Id 61 March 18, 1966
Mr. Castaneda: Of the...
Mr. Plummer: Of the applications...
Mr. Castaneda: That I have received, the only application that deals with
food directly, is the Wynwood Elderly Program.
Mr. Plummer: And how much are they asking?
E'
Mr. Castaneda: They are asking for twenty-one thousand dollars.
'r Mr. Plummer: OK. And are there any other programs that address either food
or medicine?
Mr. Castaneda: Well historically, day care programs are lately, arguing that
they are addressing a food component. We have never considered day care
programs to be a meals oriented program, if you will recall. We have an
F._
application for the Overtown Day Care Program for thirty-five thousand dol-
"'
lays. Now, you might recall they applied under revenue sharing and they were
turned down because they were not considered a food program per se.
Mr. Plummer: But you would be able to monitor that that money that which we
grant is used for food?
Mr. Castaneda: Sure.
Mr. Plummer: OK. Any of the programs for medicine?
Mr. Castaneda: Not submitted to us. There might be other applications, as I
said the Commission did not require the programs to submit application direct-
;_ ;
ly to us.
Mr. Plummer: Have all of the applications that are before us today, are they
fully aware that any monies received today, that that is the final monies,
-z
that there will be no money forthcoming in the next year?
r
Mr. Castaneda: I believe that they are all aware of that.
Mr. Plummer: Well, let me ask the Wynwood people. Wynwood people? Who
y
speaks for Wynwood? Are you aware that if you are granted a sum of money
today, that under foreseeable programs coming down, that next year there will
,4 _
be no monies for any social programs, are you aware of that? Would you come
R.;r�4°-;
to the microphone? For the record, state your name and your address.
Ms. Ingrid Grau: My name is Ingrid Grau, the Executive Director for Wynwood
Elderly Center. According to my knowledge I have money from Community Devel-
opment. The recommendation would be a hundred nineteen thousand dollars.
Mr. Plummer: I'm speaking to next year.
Ms. Grau: For next year. I'm sorry.
Mr. Plummer: OK. But as far as the City is concerned, that there will be no
funds as we understand it from Washington. What I'm trying, Ingrid, to
establish on the record, that we don't want you coming back here next year
expecting funds that we don't have.
Ms. Grau: I understand, sir.
Mr. Plummer: You understand that fully?
Ms. Grau: Yes.
s Mr. Plummer: OK.
I
Ms. Grau; That's why I requested twenty-one thousand dollars, because it's
only until June.
Mayor Suarez: What's the amount, Ingrid, one more time?
Ms. Grau: Twenty-one thousand, but that's until June. That's in order to use
the meals and the space that we have available,
ld 62 March 189 1986
1 4)
Mr.
Plummer:
OK.
Because there is going to be a
lot of people next year who
are
going to
be
very upset with this Commission
and there is nothing this
or,fir," ''
Commission
can
do
about it, because the monies are
not forthcoming, and there
is going to
be a
lot of hungry people, there is
going to be a lot of sick
people,
and we are going to have to say "We are sorry, the coverts are bare".
Ms.
Grau: I
understand that, sir.
4.
Mr.
Plummer.
OK.
'u
Ms. Kennedy: I also, think along the lines that Commission
Plummer, men-
tioned, we should protect the programs that are giving the best
service to the
rca,
people and have the best track record.
Mr. Castaneda: Mayor and Commissioners, can I address a policy
issue which...
Mayor Suarez: Sure.
Mr. Castaneda: ...under the Community Development Block Grant
Program as we
a+
presently stand, we are being cut 30%. We are lobbying in
Washington to
reverse at least the deferral part, which will be about 15%.
Right now what
that means is basically, that we would have about a million
and half dol-
"```
lars...one and a half million dollars from Community Development
for social
service programs. Last year what we allocated were 2.1 million
dollars, so...
Mayor Suarez: That includes general revenue sharing?
Mr. Castaneda: No, this is just Community Development.
Mayor Suarez: Just CD?
Mr. Castaneda: Community Development. That means that there would be a cut
of about
six hundred thousand dollars in the
Community
Development Block Grant
Program.
As you are also, aware under the
Revenue
Sharing Program when we
allocated
about a million dollars last year.
Now, we
have informed all those
t;
G k°
agencies
that there is no money for next year
and we have said...
Mr. Plummer: At all.
Mr. Castaneda: At all under that.
Mr. Plummer: Zero.
Mr. Castaneda: When we consider the funding under Community Development,
should we look at the revenue sharing agencies as well as the community
development agencies or should we exclude the revenue sharing agencies from
consideration?
`} Mr. Plummer: My suggestion at this time is you don't do anything. OK?. And
} the reason I say that is, there is a glimmer of hope, that that which is being
proposed by the House is possibly going to be cut by the Senate and in the
same way that I don't want people to be misled in drawing a picture of gloom.
I don't want a glimmer of hope until we know for sure. So, speaking for one,
`rk I think to make any determinations at this time is premature. It is under-
stood that we should know something more in the area of June and at...
Mr. Castaneda: Well, but that's exactly our problem, that under the rules of
the Community Development Block Grant Program, we would have to submit an
application by May 15th to•Washington.
Mr. Plummer: Then you better start making some determination.
Mr. Castaneda: No, that's what we are doing right now. My question to the
Commission is, would you want us to excluded from consideration the revenue
sharing agency at this time..?
Mayor Suarez; Well, please Frank, I know that there is a lot of information
that we need on this Commission and we will get to that soon enough, but let's
try to get Item 69 resolved, because this affects the actually budget year and
we ought to get that resolved. What it turns out then, is we have got a total
Of how much money in applications for fifty-seven thousand dollars? Have you
added them up?
Id 63 March 18, 1986
E
1 -4
Mr. Castaneda: About a hundred twenty-five thousand dollars, that we have
received, that doesn't mean that there are others out there.
r�
Mayor Suarez: I would allow each group, subject to the pleasure of this
-.8
Commission, to make a two minute presentation. Choose one of your members,
explain what you program is about, then what we will do is we will take by
P Y P g
Commission motion, the one that the Commission feels is the most worthy, vote
on that, if there are additional monies left over of the fifty-seven, we will
go on to number two, and so on until the fifty-seven thousand dollars are
exhausted. If the item that... the last item chosen gets less than the amount
that would make their program feasible, you are going to have to let us know
that before we take a vote. So, in the meantime, why don't we just hear... it
doesn't matter what order, but let's do it with two minute presentations as
quickly as possible. Give us your name and address and the program.
'
Mr. Mark Noble: My name is Mark Noble, I'm the President of Children of the
World Program, which is located at 80 Northeast 168th Street, North Miami
Beach. We are proposing an intergenerational summer camp that consists of
unemployed teenage youth and retired or unemployed elderly from Black, White
and Hispanic origins, The three groups of thirty participants will attend the
two week summer camp, a total of ninety participants, fifteen youth and
fifteen elderly from each ethnic group will be selected to attend the two week
r:
learning sessions. The need for such a program is evidenced by the high rate
of robbery and crime perpetrated on elderly by youth. The achievements of the
program is that we will have ninety unemployed youth and elderly from low
income housing trained in interpersonal, intergenerational and intercultural
awareness. There will be three community volunteers from the low income
housing projects that will receive special facilitator training and they will
continue to work with these groups after the summer program is over. Third,
there will be six student interns from FIU, Miami -Dade and Saint Thomas
University that will be utilized at no charge to the City. Fourth, there will
be four months of follow-up reports and evaluation at no cost to the City to
be done between September and December, and fifth, there will be nine hundred
nutritional lunches provided to the needy residents of housing projects.
'=. 3
Mayor Suarez: Is the target group chosen from City of Miami residents?
=t
Mr. Noble: Yes, from the projects that you identified.
Mr. Plummer: May I inquire, sir?
Mr. Noble: Yes, sir.
Mr. Plummer: Have you made an application before?
Mr. Noble: No, sir. We do have an application on file with your office.
Mr. Plummer: No, sir, I'm saying that the policy of the Commission at this
particular point is we cannot consider your application. We are only consid-
ering by policy set at budget time those organizations, no new programs. Now,
unless the members of the Commission wish to change that policy, that is the
present policy of the Commission together with priority of food, medicine and
we will talk about the rest, but we agreed that there would be no new programs
considered, in fact, some programs that we had funded last year had to be
dropped because of the lack of funding and that is what prompted no new
programs. So, I'm saying, Mr. Mayor, for your edification and Commissioner
Kennedy, that this application under the present policy cannot be considered.
Now, that is subject to change by the Commission if they so see fit. OK.
Mr. Noble: OK.
Mr. Plummer: I'm just putting that on the record, sir.
Mr. Noble: I appreciate that.
Mayor Suarez: As a practical matter too, it's a little tough to come in at
this particular point and compete against people who have been through the
process for quite a long time, but just so we get it clear, how much is it
that your request amounts to?
Id 64 March 18, 1986
A 41
Mr. Noble: We are requesting nineteen thousand four hundred sixty dollars and
we have...
Mayor Suarez: And you will be serving how many people altogether?
Mr. Noble: Ninety people with three facilitators to do continued work through
the end of the year at the low income housing projects.
Mr. Plummer: What's your total budget presently.
Mr. Noble: Total budget for this project?
Mr. Plummer: No, for... your total budget for... yes, of your program.
Mr. Noble: Of the program? Nineteen thousand four sixty.
Mr. Plummer: No, that's your total program?
Mr. Noble: Yes.
Mr. Plummer: You don't receive funding from anyone else?
Ms. Kennedy: So, you don't have any other additional funding?
Mr. Noble: No, we do not.
Ms. Kennedy: This is it.
Mr. Noble: This is all volunteer. This is a group of individuals that have
been working for ten years in the packet and the application that we sent to
each one of you.
Mr. Plummer: Do you do any other program?
Mr. Noble: Yes, we do.
Mr. Plummer: And what is your total budget for all of your program?
Mr. Noble: We are not funded by any organization. This organization has been
existing for ten years strictly by volunteers giving of their time. There has
never been any funding process.
Mr. Plummer: Thank you.
Mayor Suarez: Thank you. Can we hear from another applicant?
Mr. Doug Mayor: Yes, my name is Doug Mayor and I'm project director of the
Senior Crime Watch and Victims Assistance Program. I think it's listened
under Jewish Family Service on your list. The reason I'm here today, the
Commission felt that crime was an important enough issue to hold a special
session on February 25th that I attended and at that session. I talked about
how crime affects people like out here in the audience, the elderly. We all
experience crime in the City of Miami and it affects all of us, but the
elderly are especially, vulnerable and need some programs that directs special
attention at them. The proposal that I have provided to you is an addition to
nine thousand dollars that we were granted by the Commission for this current
year and that program is to provide home security improvements, better dead
bolt locks. security screens and these are for low to moderate income elderly
within the City. We would like to continue doing that. We only got nine
thousand dollars and we are trying to focus in on people that have been crime
victims and we work with the Police Department in getting their crime reports
on senior citizens.
Mayor Suarers Do you have any idea how your proposals might interface or be
duplicative of the ones that ---the funding that we have allocated for this
purpose through HUD on a matching fund basis with the County?
Mr, Mayor: That's an important question. Basically, the problem is that the
money from HUD goes towards housing projects. The people that we are target-
ing are people that live in apartments...
Mayor Suaress Private housing.
l4
65
Match to lib
.-
Mr. Mayor: ...in private homes, people that don't benefit from the HUD
project at all. So,... and there is a high population of those people in the
._'._
City. On my budget, if you would look at ---I believe I left copies for all of
you ---I had asked for ten thousand seven hundred dollars, part of that budget
was for an administrative assistant position and I would be willing to take
that position off and that would get our request down to eighty-five hundred
dollars for the next three months. I agree with the Commission that the order
of importance for this fifty-seven thousand dollars, should be the use of ---to
provide food and medicine, but I think that the problem of crime in the
elderly is an important enough one to try to save eighty-five hundred dollars
to go to this program. If you do give us the money, we are going to use it to
provide about sixty more home security improvements. It's going to allow us
to contact about five hundred more crime victims that are senior citizens and
.;i.,
serve about another five hundred with our crime prevention program. So, about
eleven, twelve hundred citizens would benefit from it.
Mayor Suarez: OK. You understand and this applies to all the other groups
that despite what we expect to be short falls in the federal monies, should
you not et the money that you areapplying for toda , you can apply under our
Y 8 Y Y Y PP Y
;:.-.
Community Development procedures and there will be hopefully, some monies in
the next budget year. Now, our existing programs take up more than what we
=?;' •�'
have got. So, there is going to be an interesting little competition there,
'
yt.
but no one is precluded from applying in the fiscal year that begins in
Lq
October 1, 1986. Thank you, Mr. Mayor.
Mr. Mayor: Right. We do have an application in. I just wanted to challenge
the Commission. I know that they are concerned about crime. They wouldn't
have had a special session without it and I just feel this is an opportunity
to, you know, to do something more concrete and I hope that you are able to
find the eighty-five hundred that I'm asking for. Thank you.
Mayor Suarez: Thank you, sir, Mr. Mayor. Go ahead, sir.
Mr. W. D. Tolbert: Mr. Mayor and the Commissioners, I am W. D. Tolbert. I
work with the American Black Community Food Co-op, which is a subsidiary of
the Christian Community Service Agency. We are trying to develop our Food Co-
op in the Grove. We are asking for five thousand one hundred fifty-six
dollars to service a hundred fifty people. We are not experts on developing
Food Co-ops, so we are beginning to learn how to do it pretty good. We have
two that's working now, that almost self -supported. This would give us a
third leg in the Community to try to help improve the quality of life of the
people. A few jobs come out of it. The key thing, they can take their food
stamps and maximize their pantry and their refrigerator and we want to get the
Coconut Grove Center going. The Christ Church has a program there, but it's
-;'
been kind of voluntary. We want to formalize it, and we appeal to you to let
us have that amount, so that we can do somethings of self-sufficiency. We
.:
thank you for hearing us.
Mayor Suarez: Now, one interesting suggestion. I see that there is a Food
Co-op being run at Saint Francis Xavier Church in Overtown. Who is operating
that? That's CCS or...
Ms. Lydia Nunez: The members of the Saint Francis Xavier Church along with
Christian Community Service Agency. Although, we have basically, done all the
training and development at this stage and they are pretty self-sufficient.
Mayor Suarez: We know we have got a crying need for someone to locate in that
Overtown Shopping Center and hopefully, it would be a food provider or a
supplier of some sort. So, maybe you ought to talk to our Community Develop-
ment Department about that possibility. That space is not being used right
now. The food that's in there is rotting. They even had a foreclosure of
that property, because of a lean holder and they didn't attend to it in the
lawsuit. and what you are doing is extremely important to our City and might
very well work in that shopping center. I'm not saying that it will, but...
Ms. Lydia Nunez: Thank you, Mayor, we will certainly be happy to take it back
to the American black Community Center Advisory Board as well as the members
of Saint Francis who are actually operating the Food Co-op.
Mayor Suarez: That's so close to the...
Id 66 March 18, 1906
_
z ya.
Ms. Nunez: Yes.
�i
Mayor Suarez: In fact, it's right across the street. The total amount you
are requesting is how much?
Ms. Nunez: Five thousand one hundred fifty-six dollars.
Mr. Tolbert: One last thing. We do think the program can become somewhat
self-sufficient, that's a pretty good investment, and that's the thing we want
to stress.
Hs. Ingrid Grau: My name is Ingrid Grau, I'm with the Wynwood Elderly Center.
As a matter of fact, I was here last month requesting some funds for the
Wynwood Elderly Center. Jose Mendez site to provide ninety-four meals.
;-
You must be sick and tired by now to listen to me.
- v
Mayor Suarez: As a matter of fact we are.
Ms. Grau: Thank you, sir.
w:
Mayor Suarez: You said it.
Ms. Grau: I know you are. But definitely, as you can see now, we are in
crying need of providing these meals that we are losing from the City of
Miami. In other words, they are allocated to us, which are ---we belong to
City of Miami, but they are being transferred because we don't have the space
or the operation... you know, the insurance or anything else to provide those
meals. So, I certainly hope that since this money used to belong to Wynwood
to stay in Wynwood, part of it. We are requesting twenty-one thousand dol-
lars.
Mayor Suarez: How many people would you serve with the twenty-one thousand?
3
Ms. Grau: Ninety-four.
Mayor Suarez: These are lunch time meals, right?
Ms. Grau: Uh huh.
Mayor Suarez: Thank you, Ingrid.
Ms. Grau: Thank you.
Mayor Suarez: Any other applicants?
Ms. Jolita Mitchell: Jolita Mitchell, Tri-City Community Association, 5740
Northeast 4th Avenue. We are a certified training organization. We train in
the building maintenance trade areas. We are interested in ---for a six month
pilot to hire ten unemployed people to help to board up some of the abandoned
properties that are targets of vandalism, fires. and health hazards in the
neighborhood. Many are used for dumping of dead animals and garbage. So. we
would like to train and certify unemployed people who live in City of Miami to
help to board up these areas. We estimate the cost at forty-one thousand. but
that is because we have to pay Davis Bacon wages. However, our supervisor's
salary can be paid by another source. So, that will cut down the cost consid-
erably. We have been certified to train people and we have rehabed a hundred
twenty houses in Ops-Locka. Little River, some in City of Miami. Coconut Grove
and Allapattah and we would like to do that in other areas of the City of
Miami.
Mayor Suarez: Thank you. I'm familiar with your program and if by any chance
you don't get the funding from this particular source, you, again, should
apply through our regular CD block grant system with the fiscal year beginning
in October. Thank you.
No. Kennedy: And how long have you been in existence?
No. Mitchell: Since 1979.
Mayor Suarez: I have seen the work that you have done in fixing up some of
the residential housing units in that area.
ld 67 March 18, 1"6
—F_ ____ _ ___._..—
A
r' Mr. Andre Bony: I am Andre Bony of Overtown Day Care and Neighborhood Center,
ry ffiA��s
*Fk,r 1401 North Miami Avenue and once again, I am here. Since September we have
been struggling for survival for the seventy-five children we are serving
there. You realize easily how much difficulty and painful it would be to
dismiss any of our children when they have been receiving service there. That
means, dismissing the children, that means leaving them without food, without
supervision. It would be very painful for us. We have been operating the Day
Care Center since 1974, and once again, to go through without interruption, we
are here to request thirty-five thousand to go without interruption. Thank
you.
rU
Mr. Plummer: How many children?
t..' '"r"'
Mr. Bony: We have seventy-five children.
Mr. Plummer: I don't understand how you want thirty-five thousand to feed
`
seventy-four kids and Ingrid only wants twenty-one thousand to food ninety-
'-''_
four adults. Now, there is something wrong there. I don't understand what it
is.
`
Mr. Bony: Yes, Mr. Commissioner, yes. The question is very legitimate In
fact, in the Da Care Center we do not only need to
Y y go by food, food is very
essential, for the good of the children, they can't go without food. They
would not learn without food. We feed them three times a day, but to feed
them we need the staff to supervise them and to provide the learning experi-
ence they come for, and the parents cannot go to work or go to any vocational
training, something like that, if they don't have a place, a secure place to
leave their children. We are open from 7 to 6 in the evening.
;.,.
Mr. Plummer: What other source of funding do you have?
Mr. Bony: We have CCS. We have...
Mr. Plummer: What was that?
Mr. Bony: Catholic Community Services.
Mr. Plummer: Community Services.
Mr. Bony: Catholic Community Services, United Way and we have some from
Child Development Services.
Mr. Plummer: What are you aoina to do next veer?
t
Mr. Bony: My goodness. This is a...
What ... we know we are well aware
that
r
F.R.S. is in trouble, but we will
certainly ... we will have... children
will
come to ask for their share, will
come to us ... the private agencies, to
ask
for their share their piece of the
cake and maybe you will have to come
down
'
and say that...
Mr. Plummer: You know right now what the problem is starting the first day of
October.
Mr. Bony: We know the problem is very serious.
µ #3
Mr. Plummer: What provisions are you making?
-
Mr. Bony: What we are trying to do...yes, we are trying to fight and to ask
`.'
the Senate, the House of Representatives to change their
mind and maybe to
convince the President to reverse his decision and consider
the different...
Mr. Plummer; OK.
R
Ms. Kennedy: He is not easy to convince.
'
Mr. Bony: It is very difficult, but we are trying hard.
-
Mayor Suarez: You have not obtained any funds from the
Community Action
Agency or otherwise, tried to become a head start center?
Mr. Bony: Yes, we do have some,.... Yes.
gE
--
Id 66
March 18, 1986
r
.1 %
'•':
Mr. Plummer: Don't you get some money from the Catholic Church?
�v
Mr. Bony: That is the Catholic Community Services, this is the sponsoring
agency and we have been there... That's right. They have been there since
1973-74.
�e, l
Mr. Plummer: Well, you know, when we gave... when we the City and I was on
this Commission at the time, gave that facility to Dr. Ben Sheppard, that was
supposed to be a totally funded by the CDC. Now, what has happened? Has the
Bishop lost his money?
�MH 1
Mr. Bony: Yes. From the beginning, Mr. Commissioner, it was a joint venture
and really Ben Sheppard, when he realized the need of the community, he came
to the City of Miami and decided the problem and jointly decided to open a
eY"t;
program there. It was for the kids, for the young adults, but...
Mr. Plummer: You are almost right, but not completely right.
Mr. Bony: But this year it is almost as if the City failed us.
Mr. Plummer: We gave Ben Sheppard the Fire Station, Mr. Mayor, and then he
turned around and said "Well, your building inspector said we have got to
bring it up to Code and I have got to have seventy-five thousand dollars to
bring it up to Code". Ok. So, that was our partnership, but the Catholic
Church was supposed to fund 1002 the operation.
Mr. Bony: We are currently responsible for the maintenance of the building,
that costs us a lot of money, but since 1974 the City has been helping us
dF toward the federal revenue sharing.
Mayor Suarez: Thank you, sir.
., Mr. Bony: Thank you very much.
x4;a Mayor Suarez: This is the last applicant? Cristina?
Ms. Cristina Penedo: Good afternoon, my name is Cristina Penedo, and I
represent Southwest Social Services located at 7367 Southwest 8th Street.
Presently our program has a waiting list of over two hundred fifty clients,
many of them are residents of the City of Miami and live in the Flagami area.
I'm requesting six thousand dollars to help alleviate our present waiting list
and that will provide food for approximately forty-five to fifty unduplicated
clients.
-i Mayor Suarez: OK. Thank you very much. Any other applicants? Does that
complete the... The food programs the way I calculate it add up to twenty-six,
k„• thirty-five is sixty-one and six is sixty-seven. So, we are pretty close if
we just cut down a couple of them back five thousand dollars, but I think we
ought to go back to the procedure of simply taking one item at a time. Do I
have any motions from any Commission on anyone...
... Mr. Plummer: I move the approval of the Wynwood twenty-one thousand dollars.
Ms. Kennedy: I second.
.4
Mayor Suarez: Moved and seconded and thirded, hearing no further discussion
5"A from the Commission...
Mr. Plummer: Under discussion. I was hoping they were going to come in for
more money. I was willing to grant more money, because it is a food program,
but if they are satisfied, I satisfied.
Mayor Suarez: Call the roll.
THEREUPON a motion was duly introduced by Commissioner Plummer and seconded by
Commissioner Kennedy to allocate $21,000 to the Wynwood Elderly Center was
passed and adopted by the following vote:
id 69 March 18# 1986
e
A
P
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
(THE HEREINABOVE CITY COMMISSION ACTION WAS LATER INCORPORATED INTO R-86-196)
Mayor Suarez:
We have got thirty-six thousand dollars. I don't want to tell
the Commissioners
what to do, but if we take the two small food programs, we
can take care
of those and still have enough money for a fourth one. I'm
talking about
ABCCCS which is a Food Co-op at five thousand plus, and the
Southwest Social
Services at six thousand.
Mr. Plummer:
Mr. Mayor, I think you have a problem with the first one. The
first one was
not a program in the past. The first one was five thousand for
what?
'Y
Mayor Suarez:
That's that community ---Christian Community Services Food Co-op
in Coconut Grove.
Mr. Plummer:
That has not been an applicant before us in the past.
Mayor Suarez:
Well, I was following the priority of using anyone who is...
( BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: You have not received money before.
Mayor Suarez: ...anyone that's providing food.
Mr. Plummer: No, there was no new programs other than those that we had
funded and the other...the second one, I'm sorry, was what?
Mayor Suarez: We have Overtown Day Care with thirty-one thousand and we have
got another small one in Southwest Social Services. Is that the correct name,
Cristina? With six thousand. We would be able to do the two small ones and
then a good chunk of the Overtown Day Care. Well, we wouldn't be able to get
up to thirty-five if we did the other two, but we might be able to give you
twenty.
Mr. Plummer: My only problem, which is really no problem, I guess. Mrs.
Penedo, how much money do you get from Dade County? See that's the problem.
A great percentage of those people at that program are not City residents.
Ms. Kennedy: You mentioned some live in Allapattah, can you tell us approxi-
mately what percentage?
Mr. Plummer: Roughly, what are the percentage of the people that are in your
program that are City residents?
Ms. Penedo: With our present funds we are supposed to serve approximately
thirty-six clients from the City of Miami -Dade, presently we are serving
between eighty-two and eighty-four from the City of Miami. And the other
funding that we are using to provide meals to those additional clients is
United Way Area Agency.
Mr. Plummer: So, in other words, this money would go for...
Ms. Penedo: To City of Miami residents.
Mr. Plummer: OK. All right.
No. Penedo: And the waiting list is from City of Miami residents.
Mr. Plummer: I would move the Southwest organization for the amount of the
six thousand dollars.
14 70 March 18, 1986
Mr. Carollo: Second.
Mayor Suarez: We have got a motion and a second. any further discussion from
the Commission, hearing none please call the roll.
THEREUPON on motion duly made by Commissioner Plummer and seconded by Commis-
sioner Carollo, the City Commission allocated $6,000 to Southwest Social
Services the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
5 ABSENT: Vice -Mayor Miller J. Dawkins
(THE HEREINABOVE CITY COMMISSION ACTION WAS LATER INCORPORATED INTO R-86-196)
. Mr. Plummer: We have thirty left.
Mayor Suarez: Thirty left. I'm going to pass the gavel to whomever.
Mr. Plummer: Fine.
Mr. Carollo: That will be the senior member of the Commission.
r`;'..'_ `;• Mayor Suarez: Commissioner?
Mr. Plummer: Drop dead.
Mayor Suarez: And move the five thousand dollar item which is the ABCCCS
Christian Community Services and the Food Co-op.
Mr. Plummer: Mr. Mayor, you are first going to have to change the policy of
the Commission.
Mayor Suarez: Embodied in the motion will be a change in the policy of the
Commission. Now, I think they have a very worthy program that's worth it.
Mr. Plummer: I have no objection. So, the first motion is to change the
policy of the Commission?
Mayor Suarez: Well, I'm not... Commissioner, I'm not so sure there is really
an established as such...
Mr. Plummer: But, there was.
Mayor Suarez: Well, we just gave money to Southwest Social Services and I
don't know...
Mr. Plummer: No, they were a former applicant. They were at the time of the
budget. All right, the motion...
Mayor Suarez: I mean, I'm happy to hear of the policy. I think we can embody
both in one. However you want to do it.
Mr. Plummer: The motion is for the Food Co-op in Coconut Grove, is there a
second?
Ms. Kennedy: I second.
--��— Mr. Plummer: Seconded by Commissioner Kennedy, is there any further discus-
sion? Hearing none, call the roll.
THEREUPON a motion duly introduced by Mayor Suarez and seconded by Commission -
or Kennedy to allocate S5,000 to ABCCCS Christian Community Service and Food
Co-op was defeated by the following vote;
71 North 10* 1906
AYES: Commissioner Rosario Kennedy --
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo -
Commissioner J. L. Plummer, Jr. -
ABSENT: Vice -Mayor Miller J. Dawkins
ON ROLL CALL:
Mr. Carollo: I don't see how we can vote upon this now without changing our
previous policy. Therefore, I have to vote "no", because otherwise, we are
opening We are either going to change the rules completely or we are
not.
Mr. Plummer: Now, Mr. Mayor, I would entertain ---I would entertain a motion
from you at this time...
Mayor Suarez: So, moved.
Mr. Plummer: ...to change the policy.
Mayor Suarez: So, moved.
Mr. Plummer: Is there a second? Is there a second? Is there a second?
Hearing none, the gavel goes back to the Mayor.
MOTION DIES FOR LACK OF A SECOND.
b
7 Mayor Suarez: Ok. We still have a total of thirty thousand dollars to appor-
tion.
Mr. Plummer: Yes, Sir.
Mr. Plummer: Mr. Mayor, I think under the policy there is only one other
thing that we have that is available for our funding and that is the Overtown
Day Care Center and I would so move at this time that we give the balance of
these monies to that facility.
THEREUPON, on motion duly made by Commissioner Plummer and seconded by Commis-
sioner Kennedy, the City Commission allocated the balance of available monies
to the Overtown Day Care Center by the following vote:
AYES: COMMISSIONER JOE CAROLLO
COMMISSIONER J.L. PLUMMER, JR.
COMMISSIONER ROSARIO KENNEDY
MAYOR XAVIER SUAREZ
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins.
Mayor Suarez: OK. We have a motion. do we have a second?
Ms. Kennedy: Second.
Mr. Carollo: I second the motion.
Mayor Suarez: Moved and seconded and thirded, hearing no further discussion
from the Commission, please call the roll.
is
ld 72 March 18. 1986
A
NOTE:
The herein below resolution, duly introduced by Commissioner Plummer,
and seconded by Commissioner Kennedy formally encompassed previously passed
motions allocating the $57,000 available amount of llth year Community Devel-
opment Block grant funds.
``.
RESOLUTION NO. 86-196
A RESOLUTION ALLOCATING $57,000 OF ELEVENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY ALLOCATED TO THE
a4.
NATIONAL PUERTO RICAN FORUM, INC. THROUGH RESOLUTION NO.
85-641, ADOPTED JUNE 13, 1985, TO THE HEREIN NAMED SOCIAL
SERVICE AGENCY(IES), FURTHER AUTHORIZING THE CITY MANAGER
TO ENTER INTO AGREEMENT WITH SAID AGENCY(IES) 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.)
k:
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.
jCommissioner Rosario Kennedy
Mayor Xavier L. Suarez
1 NOES: None.
ABSENT: Vice -Mayor Miller J.
Dawkins
Mr. Plummer: Mr. Mayor, I...
Mayor Suarez: You only get?
;3
Mr. Plummer: Thirty.
Mayor Suarez: I don't think
you get thirty-five, you get thirty
out of
thirty-five. That's the best we
can do.
Mr. Plummer: Mr. Mayor, I want to put everybody on notice, please,
please,
s>, •
please, don't come back crying
on October 2nd, if you find that our
shelves
are bare. We are telling you well in advance that the prophesy that
we are
°".
getting is there is going to be
no funds. Start working today to try
to get
alternate, please.
Ms. Kennedy: And remember that next year it's going to be worse.
Mr. Plummer: That's what I'm speaking to.
Mayor Suarez: Anyone that has a potential for obtaining funds coming from
community services or community action agencies, please advise me before
k Thursday morning, because I will be traveling to Washington to testify before
a Senate Committee to health and human services on funding for Community
...,. Action Agency and Community Services. So, you might let my office know so
that we can include any particularly relevant needs that you may have or
sr-� is
points you may want to have presented before that Senate Committee.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Suarez: Head Start is about eighty percent of the entire budget, yes.
14 73 March 1Q, 1986
25. DISCUSSION AND DENIAL OF REQUEST FOR FUNDS BY REPRESENTATIVE OF
UNIVERSITY OF MIAMI FOR FUNDS TO CURE SHORTAGE IN RECENTLY HELD EVENT.
Mayor Suarez: OK. We have Item 78, someone with a special handicap. Why
don't we take that up very quickly.
Mr. Odio: What's that?
Mayor Suarez: 78.
Ms. Sharon Beck: Hi. I'm here to represent the University of Miami Project
Research...
Mayor Suarez: Yes, state your name and address.
Ms. Sharon Beck: I'm Sharon Beck, one of the event coordinators to University
of Miami Project at 1501 Northwest 9th Avenue, Miami, Florida. This is Beth
Roscoe one of the Executive Committee Presidents and we are here to request
funds for two thousand one hundred eighty-five dollars for a March 1st event
at Peacock Park, which we were given fees at the last moment, the day before
the event, for insurance and fire inspection and sanitation pickup which we
were not aware of until the day before the event.
Mayor Suarez: This was not the fund raiser for Mark Bonaconte?
Ms. Beck: Yes, it was from Mark Bonaconte. You were there as a matter of
fact and because of the weather we were not able to have the type of turnout
that we were anticipating so...
Mr. Carollo: What was the full amount that you were charged?
Ms. Beck: The full amount? Two thousand one hundred eighty-five dollars, but
we were not aware of it until the day before the event. The event was on a
Saturday, March lst and we were told of this on Friday.
Mayor Suarez: Did I see something to the effect that total revenues that day
were ... not six hundred and some dollars, that was just from the bad portraits.
Is that possible? What was the total...
Ms. Beck: Oh, the bad... just for the bad portraits or...
Mayor Suarez: What was the total revenues that you obtained that day?
Ms. Beck: Well, at this point there are about eight thousand dollars, a total
of... and we have a lot of monies that we are not...
Mayor Suarez: That are owed.
Ms. Beck: Right. We are not able to get waived and the two thousand dollars
which we are requesting right now, two thousand one eighty-five was something
that came up at the last minute.
Mr. Carollo: What was that for exactly?
Ms. Beck: Exactly, the master electrician, fire inspector, sanitation pickup,
mobile crew, insurance, showmobile and the glass house. I have the list here
with me if you would like to see it.
Ms. Kennedy: I'm reading your letter and it says "Well we did realize that
fees did exist, we were led to believe that they could be waived." Why were
you led to believe that the fees could be waived?
Ms. Beck: When we were told that we were granted Peacock Park ---we were going
to originally have it in another location and they said to us, "Hey, in the
location where you are going to have it, you are not going to have the type of
exposure" and one of the reasons that we decided to do it in Peacock Park was
mainly because we wanted to have an awareness for spinal cord injury research
and due to the recent accident of Mark Bonaconte, we have had a lot of expo.
sure...
14 74 krch 16. M6
``,.. Mr. Plummer: I'm sorry, I have got to put on the record, because I was the
one who came here before this Commission and I received a letter requesting
`} the waiver of that ark for these people and the were told emphatically there
p p P Y P Y
would be no waiver. That we could not do it. We did approve the sale of
beer. We did approve the closing of the street as I recall and that was
presented before this Commission. There is a resolution on this Commission,
because I presented it and I forget now who sent me the letter and asked and
requested it, but that was discussed here at this Commission, there is no
question about it. I gave it to you. You have the letter. There is just...
you know, as far as I'm concerned there is nothing we can do. There is no
money for festivals whatsoever.
Mayor Suarez: Assuming that you don't receive these post facto waivers, I
guarantee you if you contact my office, we will help you stage some kind of an
y` event that will raise two thousand one hundred eighty-five dollars. That
should not be difficult for that particular cause.
Ms. Kennedy: I volunteer to do the same.
' Mayor Suarez: She is going to sing and dance, I'm just going to...
Ms. Kennedy: Not really. Only after you.
Mayor Suarez: I will just draw bad portraits.
Ms. Kennedy: But we will help you.
Mayor Suarez: I don't even think a motion is necessary.
26. ESTABLISH 15-YEAR NON -AD VALOREM SPECIAL ASSESSMENT FOR METROMOVER
PROJECT.
Mayor Suarez: Going back to public hearing, Item 61. Oh, I'm sorry, Item 37
has to do with what you are here for, Tony?
Mr. Odio: Yes, sir, that the...
Mays Suarez: Yes, why don't we take that since we have got an Assistant
County Manager and get that resolved.
Mr. Tony Ojeda: Good afternoon, Mr. Mayor and members of the...
Mayor Suarez: 37.
Mr. Tony Ojeda: Good afternoon, Mr. Mayor and members of the Commission. My
_ name is Tony Ojeda. I'm Assistant County Manager at Metro Dade County, and I
am here this afternoon representing the County Manager, who sends his regards.
T We are having a budget hearing right now, that's why he is not here. We are
a requesting the City Commission to authorize the creation of a Special Taxing
District to provide additional construction assistance for the
Metromover/Legs/One and Two in the Omni/Brickell area and with me today is
also, Spence Ballard, who is Deputy Director of the Metro Dade County Trans-
portation Administration, and together we shall be happy to answer any ques-
tions.
Mr. Odio: I have to say for the record, Mr. Mayor, I requested this informa-
tion from the County and my friend Tony brought it today, that this loop
district would assess approximately three hundred five thousand dollars to
Metro Dade, one hundred eighty-seven thousand dollars for City of Miami. The
estimated assessment is twenty cents per assessable square foot. The estimat-
ed assessable square footage is five hundred twenty thousand. So, the esti-
mated annual assessment in the first year is a hundred four thousand declining
thereafter due to new construction, and that's an estimate.
Mayor Suarez: This is both for the loop...
Id
75
March 1$9 1986
i
I
I
Mr. Ojeda: No, the information is given just for the loop.
Mr. Odio: For the loop.
Mayor Suarez: Downtown?
Mr. Ojeda: No, for the extension.
Mr. Odio: For the extension.
Mayor Suarez: Both Omni and Brickell?
W
Mr. Ojeda: Currently you are paying one eighty-seven, and according to the
"- figures for Loop Two that Mr. Odio has given you, the estimated figure is a
hundred four thousand dollars.
k'
Mr. Odio: You will add a hundred four thousand dollars to what we are already
paying. That's basically, my understanding, Bicentennial Park, the one here
on South Miami Avenue Simpson, Simpson...
Mr. Plummer: Well, wait a minute. What is the hundred thousand dollars for?
Mr. Odio: Assessment. We will pay...
Mr. Plummer: We the City or the merchants?
Mr. Odio: We the City and the merchants.
Mr. Plummer: Well, what about the seven million dollars?
Mr. Ojeda: The Assessment District, Commissioner Plummer, will raise a total
of twenty-three million dollars for construction. OK? Nov, the City and the
County own property along the Assessment District and we also being assessed.
Mr. Plummer: Tony, I'm sorry, when you came to see me the other day you did
not bring that point out. You indicated to me at that time, that what you
were looking to the City for was seven million dollars which you indicated...
was it seven?
Mr. Ojeda: No, the seven million dollars that is in there, it's part of an
earlier commitment that the City made...
Mr. Plummer: That's correct, and those monies were set aside...
Mr. Ojeda: Those monies are budgeted.
Mr. Plummer: ...and are in reserve.
Mr. Ojeda: That's correct.
Mr. Plummer: You never said anything to me about City property assessments of
which we would pay.
Mr. Ojeda: Well, you are currently paying on City property that you own as we
own on the current assessment district...
Mr. Odio: On the first loop we are paying.
Mr. Ojeda: ...both the City and the County are contributing to the existing
assessment district,
Mayor Suarez: They are not exempted from those assessment districts, huh?
Mr. Ojeda: No, they are not and that was part of the arrangement to ensure
that everyone was paying. Now, I would like to point out to you as I men-
tioned to each of you before that the authority to create this district, if
you should approve it today, and the district will be created, but nothing
will be done until we hove a dedicated source of revenue to implement con-
struction.
Mr. Plw=er: But that's... well, no. That's not what you told me now, You
told me that dedicated source of revenue was for 0&M.
14 76 Narch 1$, 1"6
Mr. Ojeda: The dedicated source of revenue is required by the federal govern-
ment and it will be for operation.
Mr. Plummer: And maintenance?
Mr. Ojeda: Correct.
Mr. Plummer: That has nothing to do with the construction.
'"
f^,4.ii-.
Mr. Ojeda: But the assessment district is for construction,
but we will not
'
construct anything until and unless we have a dedicated source of revenue for
Phase II.
Mr. Odio: And Commissioner, I asked them that most definitely
they must bring
any design or any decision to us here before they can make
any decision on
s`
construction.
Mr. Plummer: Mr. Cesar, my problem is in a very open and frank discussion
with Tony and Mr. Fletcher, they did not indicate anything
to me, that the
City was in assessment of "X" number of dollars per year.
Now, if we are
giving seven million dollars towards the construction and Metropolitan Dade is
only giving three hundred thousand, then I find a tremendous
inequity to ask
me... Yes.
Mayor Suarez: What is the County's contribution to construction, Tony?
Mr. Ojeda: The total contribution for the County for Phase I
is twenty-three
million dollars.
Mr. Plummer: No, sir, I'm talking about Phase II of which we
are speaking of
now. Phase I is done and over.
Mr. Ojeda: On Phase II the contribution of the County for
construction is
three hundred thousand dollars.
Mr. Plummer: Exactly.
Mr. Ojeda: However, the total amount of the operation of the entire two legs,
which is estimated at eight million dollars a year will be totally borne by
Dade County.
Mr. Plummer: Oh, I understand that, that is there responsibility of which
twenty-seven percent of their money comes from the residents of the City of
Miami. I... Tony, there is a hell of an inequity here.
Mr. Ojeda: No.
Mr. Plummer: Yes,because the first phase, the loop is history. That's
history, it's done. It's going to be opening up. The second phase is the
north and the south leg, you are asking me, the City of Miami, to put up seven
million dollars and take an assessment hit every year of in excess of a
hundred thousand?
Mr. Ojeda: The seven million dollars, Commissioner Plummer, as I understand
it, has already been committed by the City.
Mr. Plummer: If it's built.
Mr. Ojeda: Correct.
Mr. Plummer: If it's not built, we save the seven million dollars.
Mr. Ojeda: Then that money -..Exactly.
= Mr. Plummer: And we might be saving everybody a lot of problems.
Mr. Ojedas Right. Now, the...
_ Mr. Plummer: What is the County's hit on an annual assessment basis of the
north and south leg?
\,
ld
77
!larch i8 • 1906
C,
C
Mr. Ojeda: On the north leg the County's hit is three hundred five thousand
dollars.
r
Mr. Plummer: And the South?
N Mr. Ojeda: On the south leg, we do not have according to my records any
property in that area that would be assessed, and the reason for the assess-
,f.,' meet and the reason it was not exempted from the very beginning is because it
was felt that everyone should contribute and that is how it was setup origi-
..
pally.
Mr. Plummer: I don't dispute you. We are contributing seven million dollars.
'N"'
Mr. Ojeda: Correct, you are...
Mr. Plummer: Mr. Mayor, I would ask this matter, because I thought I fully
`
understood it ---I pledged to them that I would support it because the only
.•;t:
thing we were doing here was establishing the vehicle to send it to the County
for public hearings, but now that I am informed, which I was not the other
'
day, that the City is going to not only have a seven million dollars contribu-
tion, but a hundred and some thousand assessment every year, I have got to go
back and refigure it. I would ask that this matter ... and whether myself or
some other member of this Commission sit down with them once again, and try to
come back. I just was unaware of it.
Mr. Odio: Commissioner, I asked him in private if we could go back to the
County and request whether they could remove the twenty cent assessment from
this proposal.
Mr. Ojeda: The problem is that, of course, the first assessment district is
already established by ordinance. Now, this assessment district has not yet
been created. So, I would...
Mr. Plummer: What is the City paying, Tony, in the first assessment district?
Mr. Ojeda: One hundred eighty-seven thousand dollars.
I Mr. Plummer: And that is for the life of the...
Mr. Ojeda: That is for the life of the assessment district.
Mr. Plummer: So, if we don't approve the second legs, we will have the money
to pay the assessment of the first?
Mr. Ojeda: You are committed...
rkr
Mr. Plummer: Careful ...
x> Mr. Ojeda: You are committed, it's my understanding, that you are committed
under the ordinance to pay so long as the Assessment District exists under
Phase I.
'. Mr. Plummer: But if we do not approve it here, then there is no hearing in
the County?
s,.
'f Mr. Ojeda: That is correct.
Mr. Plummer: And if we don't have a hearing in the County that seven million
dollars is free to pay the assessment?
Mr. Ojeda: No, no, we cannot create the Assessment District. All that I'm
asking from you today is to simply authorize the County to create the Assess-
`' sent District. That is all we are asking here today.
Ms. Kennedy: It's our endorsement that you want for the County to create it.
Mr, Plummer: No, no, no, it's more than our.,.without us...
Mr. Ojeda: You have to... that's right, without...
Mr. Plummer: Without us they can't hold the hearing.
14 78 March l8, 1906
Mr. Ojeda: Exactly, without you we cannot hold the hearing.
Mayor Suarez: Yes, it's got to be between the two entities, but ... wait. The
hundred thousand dollar figure cannot possibly be an impediment to a two
hundred forty million dollar project in terms of construction costs, which
then is going to have an eight million dollar operating and maintenance
deficit which we still don't know how it's going to be provided, although, we
know that the County has pretty much assumed responsibility and we will have
to see how they come up with a dedicated source or whatever so it can get
built. I mean, I would hope that this Commission would not, you know, stop
the whole process at this point for a hundred thousand dollars. Believe me,
we will have plenty of time to hinder it if we want to, if we should want to
do that, which I hope we don't, at later stages, because we don't know yet
were all the monies are coming from for construction and we have got a time
between construction and opening losses.
Mr. Plummer: Three. Mr. Mayor, your numbers are a little wrong. OK? Your
numbers are a little wrong. Let me tell you !'.'s not a hundred thousand
dollars. What it is in fact is three million dollars that we donated for the
first loop. We are now being asked to donate seven million for the second
loop, that's ten. We are paying a hundred eighty-five thousand assessment on
the first loop and now being asked to pay an additional, how much, hundred and
what?
Mr. Ojeda: Hundred four thousand dollars.
Mr. Plummer: Call it a hundred. In other words, two hundred eighty-five
thousand a year assessment. It's not ... It is not a hundred thousand...
Mayor Suarez: How was the... you know, how was the initial formula determined
where the County would put the twenty-three million for the first loop, three
million of ours and then in the second loop, we would basically, put money and
the County would not for construction.
Mr. Plummer: It was part ours and part DDA.
Mr. Ojeda: The way that it's setup right now, the extension requires an
assessment of twenty-three million dollars with a City commitment of seven
million dollars for construction. The existing loop has the County's alloca-
tion at twenty-eight million dollars, three million dollars from the City and
twenty million dollars from the Assessment District. Now, all of this...
Mr. Plummer: Mr. Mayor, I... I'm sorry.
Mr. Ojeda: I'm sorry. All of this again, is Mr. Mayor and members of the
Commission is predicated upon the County's receiving full funding, dedicated
revenue source, for the operation of the People Mover. Otherwise, this whole
formula that I have outlined for you which is now pending approval of the
Department of Transportation in Washington, will not come to effect.
Mayor Suarez: We understand that you have done that under pressure from
UMPTA. Now, let me ask you a question on that operating deficit for the
entire system. Is it eight million for the three or two, if you want to look
at it. The two...
Mr. Ojeda: I believe it's eight million dollars a year for both...
Mayor Suarez: Right. For the two loops or just for...
Mr. Ojeda: For both loops.
Mayor Suarez: ...the additional.
Mr. Ojeda: No, for both loops. I think, you know, I would...
Mayor Suarez: That takes into account a minimal amount of revenue from the
actual use of the People Mover, assuming that it costs some money.
Mr. Ojeda: The fare box is twenty-five cents which is -..it's minimal. Mr.
Mayor, if I may, I think that we can perhaps respond to Commissioner Plummer's
concerns and if we can get from the Commission here today, at least a tenta-
tive approval of this, perhaps we can negotiate between the City and the
14 79 March Is, 1906
County, that the issue of the property assessment is that, as I understand it,
the reasoning was done and we were not exempted, is to ensure that everyone
was involved in the process.
�x>;
Mayor Suarez:
Well, that sounds real nice, but as, Commissioner
Plummer, is
pointing
out, it really doesn't make much sense for us
to be giving with the
7
left hand
and also with the right. I mean...
k<;
Mr. Odio:
Mr. Mayor, may I suggest that we approve this
in principle, that he
can go back
and start drafting his ordinance subject to
a final look at what
they are
proposing and that the assessment be removed
prior to negotiations
with us.
`= Mr. Ojeda: We can do that.
Mr. Odio: So, that he can proceed with it.
Mayor Suarez: Yes, we are still going to have a much bigger obstacle of
getting that dedicated source for the eight million and I...
Mr. Plummer: Well, and let's also remember, Mr. Mayor, that dedicated source
at this time has not been identified.
Mr. Ojeda: Correct.
Mr. Plummer: But it is reasonable to assume that whatever that dedicated
source is, that the people of this City like we do presently are going to pick
up twenty-seven percent of it which makes up the total County budget.
Mayor Suarez: I thought the dedicated source was going to be a funeral tax.
Mr. Plummer: That's fine with me.
Mr. Odio: That's a good idea.
Mr. Ojeda: That's a good idea.
Ms. Kennedy: Yes, but unless you get a dedicated source of revenue then it
will not be built.
Mr. Ojeda: Without a dedicated source of revenue we will not build.
Mr. Plummer: But a dedicated source for example of sales tax...
Mr. Ojeds: ...cannot.
Ms. Kennedy: Will there be sales tax or....?
Mr. Plummer% That's all the way across. That's including City people and you
will have Brahman and all the rest running north.
Mayor Suarez: I would vote for a motion that would do as suggested by the
City Manager, with the rather strong message taken back to the County that we
are not too excited about having to pay with the left and the right and maybe
you ought to try to negotiate that assessment and really it makes more sense
from the view point of public policy to have a city participating in the
construction and in the operations possibly in someways, because we would
participate in the dedicated source, in addition to that being assessed
monies, really, it doesn't make much sense.
Mr. Ojeda; I will take your message back and during the public hearing...
Mr. Odio: Excuse me, a minute, let's amend the resolution only saying
that...the City Attorney is punching me in the back...
Mr. Plummer: Mr. Mayor, I would love to go negotiate with the County again.
I have done very well, and I would...
Mayor Suarez: He is bucking for another appointment.
Mr. Plummer: No. no, no.
.
so
March 16,, 1986
ko
63
k}" Mayor Suarez: You are going to head that committee I can see.
1 Ms. Kennedy: He wants a committee.
Mr. Plummer: No, I want to tell you something. I only brought you home two
million six last negotiation, that's all.
Manor Suarez: You've done good. Commissioners, a motion please, so we can...
ti
-'� Mr. Kennedy: OK, Madam City Attorney, what were you going to say?
Mayor Suarez: She, was just hitting the City Manager....
Ms. Dougherty: I was just going to say defer it and let him negotiate.
-°
Mr. Odio: She has become too radical for me, can I send her back to Miami
Beach? We have to have some mutual trust here in government and I don't want
<_-
to... I think we should not hold up the progress if we can help it, provided
that we do have an negotiation on this issue. If we don't, then we can stop
that process.
Mr. Carollo: The last time the County said "trust me", we got the Occupation-
al License job, the last time the County said "trust us", we got Metrorail and
the deficit we got now. The last time the County said "trust me", we got the
garbage plan that's losing millions.
Mr. Plummer: After we gave them the property.
Mr. Carollo: You want me to keep going on and on and on?
Mayor Suarez: Please don't mention the Water and Sewer.
;-
Mr. Carollo: But the City of Miami government is the one that should be
abolished, right? OK.
px,5.....;..
Mr. Odio: But I think ---and I don't know why I'm getting involved in defend-
ing the Metrorail System, that without the People Mover Metrorail will be in
ry�'..
deficit, a huge deficit, and we do have an obligation to see that they do
x�'Y
build those loops.
Mr. Carollo: Well, all that I could tell you is that....
Mr. Plummer: Trust mel (LAUGHTER)
Mr. Carollo:... in God we trust, all others, you know...
Mr. Ojeda: Mr. Mayor?
Mayor Suarez: You are not asking us to trust you now on this are you?
Mr. Odio: No.
Mr. Ojeda: No.
Mr. Carollo: Wellington, why don't you come up here and save you a lot of
time of running back forth. Just grab a seat for the rest of the day here and
you will be close to the mike.
Mr. Plummer: Wellington, are you Italian?
Mr. Wellington Rolle: No.
Mr. Plummer: Your last name is not Fannotto?
Mr. Odio: Fannotto.
Mr. Rolle: J. L., listen to this.
Mr. Carollo: Kell, we lost Ernie, and we got Wellington.
Mr. Rolle: Wellington Rolle. City of Miami. You know, I keep hearing a very
slick presentation presented by Mr. Ojeda, and I'm a bit amazed that...They
ld K March 18. 1986
�:>�:;?�°?:.: •.
are in a difficult position there with the funding for this from Washington
and I think they want to go back to Washington and suggest that they have both
-r,..,•
legs of this particular white elephant funded, and that's just not true. And I
think that if we come up with a so-called dedicated source with the districts,
'
the Special Taxing Districts to support the north leg and the south leg, then
{..,
his feeling or Clara Oesterle s feeling, or the group s feeling, is that they
are in a better position to negotiate or to ask for the construction money to
build the north leg and the south leg, and I think that Commissioner Plummer,
is correct, that unless and until they come up with those funds that will
produce the capital money to build this project north and south that the
operating capital that is needed is just not going to come from any particular
source at all, because I don't think that the people of Dade County are going
to vote for an additional tax and I think that the County is attempting to co-
��,-.: :.
op the City into a position of saying that the City of Miami supports building
r .-
F'
the north and the south leg, and that without those this particular People
>+
Mover will not be a success. It's not going to be a success anyway the way
it's operating right here at the moment, but I think that before this Commis -
Sion votes on that we should get a better commitment or a larger commitment,
as Commissioner Carollo has said, from the County in terms of what its intend-
'`,:
f ed purpose ought to be.
Mr. Odio: We just concluded negotiations here that might save some time.
They have agreed to extract the assessment to the City, so that we can approve
''-
it today. So, that takes care of the twenty cents.
F'
Mr. Plummer: So, in other words, what you are saying is the City is now
exempted from any assessment?
Mr. Odio: From that assessment, yes, on loop two.
Mr. Rolle: What about loop one? Let's go back to that too.
Mr. Odio: Wait. Mr. Rolle, could you please let me negotiate here so...
Mayor Suarez: Thank you, Wellington.
Ms. Kennedy: If we can work that out, I so move.
';,;,:,.•. Mr. Odio: We just worked it out. They are willing to do it.
Mr. Carollo: Tony, I got a question for you just out of curiosity. I mean,
since you are here already. What was the budget for Metro for the fiscal
Y year? One point what?
"'.:'' Mr. Ojeda: The total budget is 1.8 billion dollars. The general...
Mr. Carollo: 1.8 billion dollars.
Mr. Ojeda: ... the general revenue budget is five hundred fifty-two million.
Mr. Carollo: Five hundred fifty-two million general...
Mr. Ojeda: ...from the general property tax for the unincorporated areas.
Mr. Carollo: But the total budget is 1.8. What is the deficit of this...the
real deficit, that's predicted for or anticipated for Metrorail and the
transportation system?
Mr. Ojeda: The total subsidy to the Metrorail, Metrobus operation...
Mr. Carollo: About a hundred million dollars?
Mr. Ojeda: ...is about a hundred million dollars a year. Not all of that, of
course, is from the property tax, because we do get operating assistance from
the federal government.
Mr. Carollo: That's about six percent of your total budget?
Mr. Ojeda: Roughly.
Mr. Carollo: Of 1.8 billion
1d 82 March 18. 1986
Mr. Ojeda: Yes.
S„
5�.
Mr. Carollo: ... and still rising?
x
Mr. Ojeda: But we do move a quarter of a million people
everyday in our
buses.
SAr
Mayor Suarez: Tony, the dedicated revenue is not specified as
a condition for
construction of the new loop of the People Mover. It's not a
dedicated source
to cover that deficit that Commissioner Carollo is referring
to. It's just
for the People Mover operating...
Mr. Ojeda: The dedicated source of revenue would be for
the entire rail
operation. OK. So, in other words ...
Mayor Suarez: Before construction proceeds on that additional
loop there will
have to be a dedicated...
LL'z
Mr. Ojeda: Source of revenue to cover that deficit.
Mayor Suarez:... revenue source to cover all of the deficit?
Mr. Ojeda: Yes. I would believe so.
Mayor Suarez: That's a clarification the people have been asking us to make
and I want to take the opportunity of, Commissioner Carollo, inquiring on that
because...
Mr. Carollo: And I'm just amazed how government functions. It's just e
wonder we survived as a nation for so many years.
Mr. Ojeda: The dedicated source of revenue that we would be seeking for ... at
this point, it's undecided, I have been told by staff.
Mayor Suarez: Undecided. There is a big difference between eight million and
` a hundred eight.
Mr. Ojeda: Well, obviously, we are seeking a dedicated source of revenue that
will resolve all of the transit deficit.
Mayor Suarez: I understand that, we would all like to have a dedicated
revenue source for the entire deficit, but...
Mr. Ojeda: For transit.
Mayor Suarez: ...the UMPTA requirements or the indications in the negotia-
tions for the People Mover additional loop are asking us to, or requiring us,
to come up with dedicated source for the entire operating deficit for the
whole system?
Mr. Ojeda: I have been told that's not clear. I have always assumed that
W. it's the entire system, but it could be just a portion.
Mayor Suarez: Tony, we better clarify it real quick, because it lessens the
chances that that will ever happen and those of you from Brickell Avenue
Association, Larry, you better get all of that clarified, very quickly.
Mr. Ojeds: The reason I'm unable to answer that, Mayor, is because those
negotiations ere now taking place in Washington and I'm not...
P Mayor Suarez; Who is there on our behalf?
- Mr. Ojeda: Joe Fletcher, is the Executive Director, with our County Attorney.
Mayor Suarez; As Commissioner Carollo, said "Trust in God."
_ Mr. Odio: Mr. Mayor, before you vote. I would like to add to the resolution
-- ' that we do need to look at the design and get approval on the design here at
_ the Commission level, so that we don't have one of those things stuck in the
middle of Brickell Avenue or some...1 think it's important that we decide that
where within the City limits are they going to put up the structure that we
= have in Downtown right now.
ld 83 March 10, 1906
Mayor Suarez: What is the mechanism for determining on a design and the
location and so on?
Mr. Ojeda: Well, the...
Mayor Suarez: We are obviously, not approving that today I presume?
Mr. Ojeda: No, there is an alignment that has been worked out with the
various parties and citizens groups and what have you and the line does not go
on Brickell Avenue, it goes behind Brickell Avenue.
Mayor Suarez: That's not my question. That's...
Mr. Carollo: It goes to South Miami Avenue?
Mr. Ojeda: It's behind South Miami Avenue, right Spence?
a Mr. Carollo: Behind South Miami Avenue or...
Mr. Ojeda: It's between South Miami Avenue and Brickell Avenue.
Mr. Carollo: Between South Miami Avenue and Brickell Avenue?
Mr. Ojeda: Yes.
Mayor Suarez: Right across Barnett Bank. It cuts it through the middle.
Mr. Carollo: Well. is going right through the middle of all those buildings
there or what?
Mayor Suarez: That's really not South Miami there, it's Brickell Plaza. I'm
going to lose my building, that's where I'm located.
Mr. Carollo: Yes, the Mayor, has got a conflict of interest, he can't vote on
it.
Mayor Suarez: I'm hoping to lose that building.
Mr. Ojeda: We will be happy to discuss the design with you without being
that'll be no problem.
Mayor Suarez: But the mechanism is that all of that has to come back at some
point and it will all be considered, you know, the configuration and where it
goes through and all that? We are not deciding that at this point.
Mr. Ojeds: If you put ... We are not deciding that at this point, no. If you
put that in your resolution, obviously, we'll be back and discuss it with you.
Mr. Plummer: So, let me understand, we are passing this as is with two
provisos. First that the City will be exempted from any assessment on Phase
II of People Mover, and second, that the City will retain control over the
course.
Mr. Odio: Alignment, yes. That's what they call it, alignment.
Mr. Plummer: The guideway
Mayor Suarez: We will be consulted at least. Now...
Mr. Plummer: No, no, no, no, you don't do that with the County.
Ms. Kennedy: We are more than consulted
Mr. Plummer: You learn in a hurry. No. I will offer that motion.
Ms. Kennedy: And I will second that.
Mayors Suarez: Moved and seconded. Any discussion from the Commission?
Mr. Carollo: Let's get it clear again, J. L., repeat it.
ld
84
!larch If, 1986
44
Mr. Plummer: OK. That we approve the motion to send it to the County for a
public hearing with two provisos. Number one, that the City will be exempted
from any assessment on the new proposed north and south leg. Number two. that
the City will retain final approval over the direction of the guideway.
Mayor Suarez: OK. Commissioner, any further discussion, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-197
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, TO
ESTABLISH A FIFTEEN (15) YEAR NON -AD VALOREM SPECIAL
ASSESSMENT PROJECT AREA FOR THE METROMOVER STAGE I COMPLE-
TION - OMNI AND BRICKELL EXTENSIONS (METROMOVER EXTEN-
SION); STIPULATING NET BOND PROCEEDS AND PRESCRIBING
PROJECT AREA BOUNDARIES AS SET FORTH IN ATTACHED EXHIBITS
A AND B; FURTHER SETTING FORTH CONDITIONS UPON SUCH AUTHO-
RIZATION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
27. DISCUSSION OF CHARTER AMENDMENT TO EXTEND THE MAYOR'S TERM FOR TWO TO
FOUR YEARS.
Mayor Suarez: Martin, you want to take up your Item quickly, please, since
you have been kind enough to appear. It's Item 80. I don't think the Commis-
sion is going to take any action on it, but...
Mr. Martin Fine: Mr. Mayor and members of the Commission, my name is Martin
Fine, 2401 Douglas Road and I'm appearing here as a private citizen and
taxpayer. I have lived within the City limits for about forty years. I
specifically# want to say that I'm not appearing here as a Chairman of the
Chamber of Commerce or on behalf of the Chamber of Commerce. I would also
like to say for the record that I have not discussed this proposal with the
Mayor or any Commissioner, prior to writing my letter to you all asking for an
opportunity to appear. I really don't have a full presentation to make, in
the sense that I thought this was going to be on the 28th and I just came back
from a trip abroad, but I have got some notes that I would like to share with
you and I hope you will indeed take some action.
Mr. Carollo; Marty, excuse me, before you start reading your notes, you said
you didn't discussion beforehand. Did you discuss it after your letter?
Mr. Fine: I had one call from the Mayor as King when I wanted to be on the
agenda and I suggested the 28th and that's the only discussion I have ever,
nor have I discussed it with anybody in terms of newspapers etc.
Mr. Plummer: You did receive, I'm assuming a letter from Commissioner
Dawkins, which he copied all of us in.
to 05 March 18, 1986
Im
Hr�
'ks
Mr. Fine: Yes, I did. I got back from a trip to Israel last night about 6:00
o'clock and I read my mail blurry eyed, but I did see that letter.
Mr. Carollo: OK. I'm still not sure what Miller was trying to say in the
letter. Did you understand the letter, Marty?
Mr. Fine: I think I better go on with my proposal. I'm kidding. I think he
said that he would be glad to listen to it and he wanted me to go to any
community meetings about it. I'm not sure that's my responsibility, but if
that's what he would like for me to do, I'm always glad to work with, Commis-
sioner Dawkins. One of the things that I would like to do is to make it very
clear that this proposal has nothing at all to do with a strong mayor form of
government or whoever that mayor may be, whether it be a he or a she and does
not have anything to do with any additional Commissioners, but rather has to
with what I think is very important to help this City continue its growth as a
world class city, and in terms of other world class cities, I would like to
just read a few into the record whose terms for the office of Mayor are four
years. They are among others Philadelphia; Milwaukee; Pittsburgh; Portland,
Oregon; Chicago; San Francisco; Los Angeles; Denver; Atlanta; New Orleans;
Tampa; Jacksonville; and in Florida. Let me share with you all what I think
are the basic reasons for doing this. Number one, I think it adds a great
deal of stability to City government. I think it adds a great deal of conti-
nuity to this government, because whether a lot of us understand it this way
or not, to a lot of people in this community and throughout the Country and
more importantly throughout the world, the Mayor of this City represents and
is the ceremonial head of this City, notwithstanding the fact that he or she
may, from time to time have the exact same vote as the rest of you. The
ceremonial head, the head of the city is a person that a lot of big business
people and a lot of taxpayers and a lot of other relate to, and I think that
continuity is very important. I would like to share with you too that I think
that's important to have the continuity, because of the major projects with
which we need to deal within the next several years in this community and let
me share a few of them with you. I think, for example, now that the City has
decided we are not going to have a temporary facility, we have got to build a
permanent Exhibition Hall, that's the kind of project that you don't start and
stop in a year or two. I seems to me that one of the major problems we have
with a two-year term as Mayor is, before the Mayor is in office more than just
a few months, literally a year perhaps, he or she has to start running again
next time. I think that is destructive and counterproductive to any type of
real first class, world class, city development that we need to have in this
community. I think projects like the Exhibition Hall, like the Dupont Plaza
and many others are the types of projects we need to deal with, that take a
long time to plan. Miami is an international city and its business is becom-
ing more international in nature, and I feel very strongly that based on the
experience of other world class cities and other cities throughout the world,
that people who come here from around the world and from other places like New
York and Chicago that render big service to this community in terms of provid-
ing financing, want to know who that Mayor is and want to be able to deal with
that Mayor on a continuing basis, and I know of several instances, and obvi-
ously, you are a little pressed for time, and we won't go into it, where
people who have come here to make major investments want to talk to that Mayor
and want some assurance that that Mayor is going to be in office for some
reasonable period of time, certainly during the term of their project.
Example, I think someone like the developer of Bayside has a great deal of
confidence in this community and it is warranted in my opinion, and I think
even though we have changed mayors since it started and it will be finished, I
think most developers want to know that the Mayor that they talked to to start
with and the Commissioners will be there when they are finished. Obviously,
no assurances can be given. I think another reason for talking about this, is
citizens lose confidence in this process when we are continually in the
business of having elections for the single most highly visible position of
the City of Miami. And I really can't conceive in my own mind ---I have read
that Charter several times ---I can't conceive in my own mind of why the
Commissioners are elected for four years and the Mayor is elected for two
years, There was nothing Madam City Attorney, that I could find in the
Charter that gave any legislative history. Perhaps, it's in the minutes
somewhere of several decades ago, but I cannot conceive of why that would be
the case. It seems to me that one of the few growth industries we have in
this town is the politics business, and I think the more we can do to add
stability and credibility to government, the better off we are going to be to
do the kind of projects we will need to deal with. I would suggest to you,
Mr. Mayor, and Commissioners, that you consider placing this on the September
1d 86 March 18, 1986
30th ballot, and I will tell you why I suggest that. The first ballot is
September 4th and that's the day after Labor Day, and heavens knows why we
ever had that. That is a.... in my opinion, a foolish time to have any
election, because most people or many people are coming back from their
vacation, to have the Labor Day weekend in and the next day you go to the
polls. I would suggest you not put it on the November ballot, because we have
too many controversial items on that ballot, important items like casino
gambling, possibly a lottery and several other things. This, if you put it on
the ballot, would not cost the citizens of the City of Miami one penny, not
one penny. It's a regularly scheduled election, the County has it and it also
is an opportunity for people to deal with the issue and decide it. The other
wonderful thing in my opinion about doing it now in an off City of Miami
election year, is that we are not dealing with personalities. We are not
dealing with a particular Mayor. We are not dealing with someone who is
running on that as a platform. We are dealing with a sound, basic principle
of government and I think that's very important. Now, obviously, I could go
on and on and I have no hidden agenda. I have no reason other than I person-
ally, having lived in this community a long time, and frankly worked for its
growth and well-being along with thousands of others, feel that it's very
significant to do that. I most tell you I have really searched my mind as to
why one wouldn't want to put it on the ballot. You know, one of the things
that people in public office always have a comfortable feeling doing is to say
"Let the people decide." Now, you know, if you don't put it on the ballot,
there is a way to get it on the ballot, by getting ten percent, Madam City
Attorney, as I understand it, of the registered voters of the City of Miami,
to sign a petition, and I must tell you I don't have the energy or the time or
the patience to go out and do that, and I know it would cost a lot of money to
do it, and very frankly there are too many things in this community that need
being done that you and we and many of us are involved in in trying to get
done, instead of sitting in front of a supermarket getting people to sign
these petitions which I think you can do. But I really literally want to beg
you, I don't beg too often for this Commission, I literally want to beg you to
either put it on the ballot or tell me why it doesn't deserve to be put on the
ballot and we are not dealing with personalities. We are not dealing with any
issues. I assure, I have no hidden agenda. I just cannot conceive of any-
thing but good that would come out of this, and by the way, I don't know
whether it would pass, obviously. It may very well be that the citizens of
this community like the exercise of electing a Mayor every two years. I don't
think it's a very good exercise. I think that you all have things to do that
are far more important, and I am very pleased with this Commission. I think
it is doing a very creditable job and you are off to a really good start and
many of the things that you have an opportunity to do are going to take a lot
of time to do, and I think the continuity in office is very important. Rather
than go on, Mr. Mayor, and members of the Commission, I would be glad to
answer any questions, but I hope if you don't have any questions, someone
might tell me why you wouldn't put it on the ballot. It doesn't cost you a
nickel. It gives the citizens an opportunity to vote. There is a lot of good
reasons to put it on. Thank you very much.
Mayor Suarez: Thank you, Mr. Fine. I have one question. I have heard that
argument as far as putting a referendum matter on the September ballot as
opposed to the November ballot. I have heard the argument you made that there
are other controversial issues on the November ballot and therefore, it's not
a good idea. I see it the other way frankly. I see it as the argument
cutting the other way. The more items that are on the ballot, the more public
interest are raised on a particular election, the more it's incumbent to place
an important referendum on that ballot. I understand that there is a lot of
things to consider and that the ballot gets a little crowded but...
Mr. Fine: I could care less. What I really would care very strongly about is
that it not be placed on the September 4th ballot. I think that's an inappro-
priate time and if in your judgement, the Commission wants to put it on the
ballot and you say the November date that's fine with me. See, I think one of
the very exciting things about this community is that it is, to say the least,
a politically active community and I think that when we give people an oppor-
tunity to vote. they will express themselves, indeed if they go to the polls
and say "no", hey I won't be embarrass, I won't feel badly. I think it's
important to try, and I, again. would beg you to put it on the ballot or in
the alternative to tell me why you don't want to put it on the ballot.
Mr. Plummer: Are you inviting comments?
1d
87
March 18, 1986
} t
Mr. Fine :
Mr. Plummer: Comments are ... First of all, Marty. as you know, this Commission
y�
any time that there is a ballot on a referendum question has always been two
public hearings, and I don't think it's up to this Commission today, unless
they wanted to schedule a public hearing that there is any action to take.
Second of all, you make a comment in reference to the mayors of those major
cities which you outlined, and I think without exception very one of those are
a strong mayor, if not, ninety percent of them. And I think the other thing
that is lacking from your presentation, is that this will not eliminate the
4:
people, as you say, of going to the polls, they will still be going to the
polls every two years. OK.? Because under your proposal there would be
instead of three people running every two years, there would be three people
y...
one election and two the next. I think another thing that has to be consid—
eyed is not necessarily the referendum, but I think that the continuation, and
Jim Dausch is here and he can speak for Bayside, is not in the Mayor, the
P
j real... if you go back to the Bayside issue and just using that, the real
impetus in that whole process was the Manager and that is, in effect, the
AA
strong Manager form of government. I think that the continuity that people
look for is whoever is running the day to day operation, and if it were to be
a strong mayor, I think maybe it has more merit, but in this setup of this
'•'°^'
City, you are speaking about the day to day operation as in that of the
' Manager and I believe as I was told that happened in the bond in New York,
that if this City changes its manager within the next six months to a year,
j that the bond people in New York are going to be looking at us with a very
caustic eye. Now, I'm not saying that in favor of Cesar. I'm saying that on
the history of the fact that we have in fact changed managers, what three or
:.,
four in the last two years and that is the continuity that they are looking
„..
for is in the Manager. Now, whether or not... when would this... by the way,
I did not see in your presentation, nor hear, when would this implementation
take place. Is it in 1987 or 1989?
Mr. Fine: Mr. Plummer, you and I have chatted a lot across this
microphone
and table and I would
not be presumptuous as to say when. Whenever you all
wanted to do it would
be fine with me, and I really think that
one of the
things I always guard
against is trying to come here giving the
impression
that I have got all the things figured out and have dates. I have
an idea of
when it should be, but
I really don't care when it would be, and
let me say
this, I think the least you ought to do is schedule a public hearing. I
didn't know you had to
schedule a public hearing.
Mr. Plummer: Normally,
always with referendum issues.
Mr. Fine All right, if you do, I really think you owe it to the citizens of
this community to schedule a public hearing and I must say, and I don't want
to get into the Bayside thing, which I personally believe is one of the
greatest things that's happened to this community in a lot of, lot of years.
I believe that there were many, many, many, instances in which the Mayor of
this community was the glue that helped keep that thing together with the
Manager and with you and with everybody else who sat on the Commission.
Mr. Plummer: He brought it here.
Mr. Fine: One of the things that you all do it seems to me, is you don't
fight about who gets credit for what, which is why we got a lot of things
done. And I'm not here to criticize the present Commission or the one right
before it but rather to say it's time we step into the next generation of
becoming a world class city and do the things we have to do. And maybe after
we have the public hearings, I would be the first one to come back and say,
you know, now that I have heard a lot of reasons, I would like to retract that
and not be in favor of it. But I really want to beg you to schedule a public
hearing, if that's you policy.
No. Kennedy: Marty, too often in the past we sit and wait for the perfect
proposal and the perfect timing, and unfortunately, it doesn't happen at the
right time most of the time. Ideally, I would like to see a more comprehen—
sive form of government. I think this is a right step in the right direction
and perhaps, later on we can add other issues on this agenda.
Mr. Fine: Yes• yes, that's my feeling. You know, I think, for example, I
want to be very candid and say, whenever it happens, I'm in favor of a strong
mayor form of government and a good manager like we have now, but I think once
ld 88 March 18, 1906
A0%`
you start doing that and you get into district elections and how many at large
and... I have done a lot of research, which I couldn't put altogether, but
there are as many different cities that have at large as there are cities...
J. L., is an expert in this. I would never argue with him about those mayors.
I Mrs. Kennedy: Sixteen years?
Mr. Fine: If he says that they are strong mayors, I take it for granted that
they are. And what happens is when we wait for the perfect solution, somehow
or other we never get to address parts of it. This is a win -win situation in
my opinion. If you have the public hearings and the public expresses itself,
you win because the public takes part in the governmental process of this
j community. If it gets on the ballot and it passes, they wanted it. If it
gets on the ballot, and it doesn't pass, they didn't want it, and it doesn't
cost you a nickel. 'lease tell me where we can lose.
3
Mayor Suarez: Whon you were asked the question on the timing, the one thing
you did make clear is you are not proposing for it to be in anyway retroactive
to an existing term, that it would never... it would always be prospective...
Mr. Fine: Of course.
Mayor Suarez: Either 1987 or 1989 or whatever.
Mr. Fine: And I must tell you, I think it should be 1987, but if the Commis-
sion wanted to make it 1989 so other people have a different shot at it,
that's fine with me. I wouldn't mean it to be retroactive, with all due
respect to you, Mr. Mayor, I don't think that's it, but one of the things...
Mayor Suarez: Other Mayors have proposed retroactive extensions of their
terms. It happened once, I was around to testify against it. You remember
that, Wellington?
Mr. Fine: I do want to make this clear, because I have had one or two calls
about it, I have not discussed this with people. There is no hidden agenda,
there is nothing other than my concern. which is no greater than your concern,
probably less in any cases.
Ms. Kennedy: Marty Fine for Mayor, just wait.
Mr. Fine: Pardon me?
Ms. Kennedy: Marty Fine for Mayorl
Mr. Fine: No, I assure you that's not my concern and I assure you my concern
is consistent with my action over the years and that is to help this City grow
and be what it's destined to be.
Mr. Plummer: If Marty Fine, were to run for Mayor, he would want it one year.
Mr. Fine: No. if I would run, I would run for the County line, not for that.
The fact of the matter is, I want to tell you, that's the last thing in my
mind. I really want to beg you to... if any of you can tell me why we
shouldn't have it on the ballot. I would really like to walk out of here with
that. Let people have an opportunity to vote on it.
Mr. Plummer: Well. I can give you one reason, OK? That it should not be
decided today and that is the request of our colleague, Commissioner Miller
Dawkins, who requested to discuss the issue. He is not here today. I would
say that it should be addressed at the next meeting which is on the 27th and
put up for that particular date to allow him to have the purview of discus-
sion, and at that time. if it is the wisdom of three members of this Commis-
sion or more, then we schedule a public hearing.
Mr. Fine: Is that your Zoning date?
Mr. Plummer: Yes, but that...
Mr. Fines Could we do it first thing in the morning or whenever, so I don't
sit here all day on it?
Mr. Plummer: I have no objections to that.
Id
09
March t$# 1986
IN
61
Mr. Fine: I don't mind coming back.
Mr. Odio: We were going to request it start at 3:00 p.m. that day. So...
Mayor Suarez: 3%00 o'clock We are getting later and later. Pretty soon we
are going to start at...
Mr. Odio: We have ... we don't have much of a...
Mayor Suarez: We have a short agenda?
Mr. Plummer: Let me ask you a question. Why are you doing it at 3:00 in
the... Oh, I understand. OK.
Mr. Rolle: Mr. Mayor?
Mr. Carollo: Wellington.
Mr. Rolle: Counselor, could I ask one question? Would you be opposed to
adding the matter of consideration for a strong mayor on that particular
coupledwith that. Is that too much for it or do you think that it would be
appropriate?
Mr. Fine: I don't know whether I'm allowed to answer. My I through you, Mr.
~r: Mayor?
Mayor Suarez: Go ahead, Mr. Fine.
Mr. Fine: I must say candidly, I would like it to be a separate issue and
then someone have another Charter amendment to that issue, because I think
*' := it's gets confused, and I'm nervous about what Commissioner Kennedy said that
we want the perfect form and somehow or other we never get it to the whole
�.,. point and if someone after the public hearing decides... if there were a way
to do it so that it were.. Madam City Attorney, if there were a way to do it
rr" so that it could be separated and if one passed and the other didn't or
T; whatever, that's fine with me I don't have a problem with that.
Mr. Rolle: Part of the problem, Mr. Mayor, I think that when we go through
the exotic forms of government in the City of Miami we have problems. We need
a strong mayor or we need a Mayor running for four year terms and, of course,
you might as well bite the bullet and do it, if we are going to do it.
Mayor Suarez: With all due respect, we are going to have ---even assuming that
we reconsider this on the 27th and I gather it may be the consensus of the
Commission to reconsider it on the 27th, we are going to have at that time a
hearing and then if the Commission sees fit to establish the public hearings,
we are going to have two sets of public hearings and we will be able to hear
from you on your ideas, Wellington, on any other Charter changes.
Mr. Rolle: Thank you, Mr. Mayor.
Mayor Suarez: So, we thank you for your time.
Mr. Fine: Are we on the 27th? May I ask that we set a time certain?
Mayor Suarez: I will ... yes, I will see to it and I think it reflects the
consensus of the Commission that we should reconsider it and we will make it
the first item.
Mr. Fine: Thank you very... is that the 27th or the 28th?
Mr. Plummer: 27th.
Mayor Suarez: So, Commissioner Dawkins, can be a part of the discussion.
Thank you very much for your time, air.
Mr. Carollo: Excuse me, gentlemen and Madam Commissioner, can I say a word or
two? Since I find all of this quite interesting You know, Harty, your argu—
ments are interesting. They are so interesting that I wonder why instead of
:maybe proposing a four term, we shouldn't propose a six or maybe even an eight
year term, and not only that, but going along with what you are saying, it
Id 90 March 18, 1986
Lam
should also, I guess, be expanded to every member of the Commission, this way
a lot of people feel at home and relaxed and calm in dealing with the Commis-
sion, knowing that we are going to be elected for six or eight year terms.
What do you think?
Mr. Fine: Joe, I think you are pulling my leg, but I don't mind it, because I
can see that smile on your face and if you are serious about it...
Mr. Carollo: No, no, no, I'm not pulling your leg.
Mr. Fine: Well, let's assume that you are not then. If you are serious about
it, I would say as a part-time student of government, that I don't know of any
place, with very, very few exceptions in this Country that has that. I think
the people ought to have a right to vote every four years on Commissioners and
the Mayor. I think six or eight is too long. I think six work...
Mr. Carollo: No, U.S. Senators...
Mr. Fine: Not to say six works for the U.S. Senate.
Mr. Carollo: U.S. Senators go for six years.
Mr. Fine: Yes, they do and I think there is a reason for that and I think
that historically our founding fathers did a good job in doing that and it's
worked well. Now, you know, is there any magic to four years? I don't think
so, Joe. I think that it makes good sense. I think that there are many, many
cities in this Country that have that, and I think this City would be well
served if it had it.
Mr. Carollo: Well, I think that if we are going to consider four years,
Marty, we should consider at least a six year term also.
Mr. Plummer: No, eight.
Mr. Carollo: Well, eight could be a consideration, but since... when I play
poker...
Mr. Plummer: Even with four years it seems like I'm always running.
Mr. Carollo:. ..Marty, and particularly when I play political poker, I like to
play with very high stakes in order to get motivated to get involved. I will
be more than happy to consider four years, six years, eight years, if you
include a full-time administrative mayor, what some call a strong mayor, and
we also throw in districts and expand the Commission in size, and this I think
would motivate me enough to...
Ms. Kennedy: And a decent salary.
Mr. Carollo: Well, of course, that's included in it. To really look at the
whole situation...
Mr. Fine: I didn't hear what she said.
Mayor Suarez: She said a decent salary.
Mr. Plummer: Increase in salary.
Mr. Fine: That will doom the whole thing to failure, I think.
Mr. Carollo: So, then this way, you know, we put all our cards on the table
and have a real good poker game.
Mr. Fine: Let me respond to that, if I may. I really respect your opinion.
You know, you and I have chatted about government and I think ... and I believe
you are a very conscientious and caring Commissioner. The only thing I would
hope you do in that game of poker is do it in such a manner where you can
limit your losses, so that it be in groups, so that if people want a four year
term for the Mayor, but the same kind of form we have now, we do that.
Mr. Carollo:
upon.
We can do it in six, seven, eight different forms they can vote
1d
91
March 18, 1986
,A
Mr. Fine: Exactly. And...
Mr. Carollo: And put plan "E", "A" to plan "X". Plan "C", plan "X".
� i n
';.., Mr. Fine: Joe, I think that's interesting. You know, that's what you say
when you see a new baby and you don't know what to say. That's an interesting
situation. The fact of the matter is that the participation by the citizens
r of the City of Miami in this process will enrich them and enrich the City and
if you put some proposals on the ballot that are not confusing and are intel-
ligible and they can deal with, I think the City will come out better.
:.:
Mr. Carollo: But what you can't do, Marty, is you can't bake a cake with only
one ingredient, and what you are presenting to me is to let's go bake a cake
..
with one ingredient and it takes a lot more ingredients than just one.
{;
Therefore, and you are presenting part of the changes that the City of Miami
government should have, but not all of them, and I'm not going to take this
piece by piece. It's like the Virginia Key situation where we finally made a
Master Plan to handle all of it not cut it up piece by piece,and I don't
:•
want it cut up. I don't think it should be cut up, the form of government
`
that we have. piece b piece. If we are going to o with a Mayor that has a
P Y P 8 8 8 Y
four year term, six year term whatever year term, let's go completely with
j
all the changes at one time that we need to make, let's go with the strong
mayor, an administrative mayor, let's go with a full-time salary mayor, let's
go with districts, let's put all the changes that need to be made up front.
Mr. Fine: I thank you for that suggestion, and I would hope when you and the
Commission, and the City Attorney look at it, you do it so that the voters can
buy one, two, three, four, all parts of it or reject them.
Mr. Carollo: See, I will give you an example, there are many that would like
to run for public office that would make great public officials, but can't
afford to run for public office city-wide and cannot afford to run for public
office for what really amounts to a full-time job or as close to it as you can
describe under the present salaries. There are others that might be public
officials, but not necessarily have the friends, acquaintances and so on, that
would help them along the line so that they can move on to a higher office
without not suffering financially, and I can give you many other examples.
Mr. Fine: Let me just close. I think there is a time to leave, and I think
my time to leave is now.
Mr. Carollo: That's what is called in poker, you fold. Mr. Fine: Joe, you
know I am not a folder. Now, you know that is the one thing I am not, see I
am not a folder..
Mr. Carollo: Well, Marty. I am saying for now, I know I'm going to see you
again on this item.
Mr. Fine: Right, and I am very anxious to visit with you, or any of the
Commissioners, or the Mayor to discuss this. I live the idea of a public
hearing. I think when citizens come out and talk. we are all enriched. I
thank you for your time and your courtesy, and all of your suggestions. Thank
you, very much.
28. ENDORSE CHALLENGER 7 CREW MEMORIAL IN BAYFRONT PARK.
Mayor Suarez: Mr. Renick. is your matter non -controversial?
Mr. Ralph Renick: Yes.
Mayor Suarez: Is it really non -controversial? Let's take it up very quickly,
please.
Mr, Carollo: Ralph, do you think Governors should have a six year term, eight
year term or ten year term?
Mr. Renick: I like that lifetime stuff! (LAUGHTER) My name is Ralph Renick,
1579 N.E. 104th Street, Miami Shores. I am appearing today, as chairman of a
34 92 March 18, 1986
committee to erect an appropriate memorial to the Challenger 7 Crew, and also
to commemorate the role of Miami in the world aviation history, and to mark
the sacrifices of other astronauts and the commitment this county has to
future explorations in space. You have the copies of the resolutions before
you. The committee is asking the Commission to endorse the erection of this
memorial, which would be located in Bayfront Park, in the southwest corner,
near the Bayfront Park people mover's station, and a plot that has been set
aside by the sculptor Noguchi, who redesigned the park, and a piece of sculp-
ture is going in there. What our committee is trying to do is raise funds
from the public, and from government, where available. I gather that sitting
here today, this might not be the appropriate jurisdiction to do that, but we
are appearing before the School Board tomorrow, the Dade School Board, and the
administration will recommend that the kids of this county participate in
quarters, or dimes and nickels, to this project, much of the school children
of the United States did 100 years ago in paying for the pedestal on which the
Statue of Liberty is located. Where Noguchi would be the sculptor to do this
particular memorial, we are asking besides the Dade School Board, State of
Florida, through the Cabinet - we are appearing there the next month to
endorse the project, and the Dade Legislative Delegation may also be of some
assistance in attempting to get some State funding for the project.
Mr. Carollo: Ralph, I think the idea is excellent. I am glad to see someone
like you heading this. The question that I have right off the bat is, do you
have a price figure from Noguchi as to how much it would cost for him to
create this piece of art?
Mr. Renick: I think the beauty of this is Mr. Noguchi can put something there
for whatever funds we raise, $100,000, to $200,000, or to $500,000. I would
say the cap is $500,000. I know the Art in Public Places, the trust people,
have been talking about $125,000 for a piece of sculpture at that location to
be designed by Mr. Noguchi. This was before the Challenger tragedy.
Mr. Carollo: Well, my only recommendation to you would be to sit with him, go
over what some of the possibilities are, best thing to do is get a price
figure, because I think it would be easier to accomplish it a lot sooner if we
know what our goals are.
Mr. Renick: Well, that is a good suggestion. My thought would be this would
not be a failure. Something will go there, based upon the amount of money
raised. How much the school children will come forth with, I don't know.
Last year there was in school collection drive for Ethiopian hunger, and
$60,000 was raised.
Mr. Carollo: I will be more than happy to make a motion to accept your
resolution. It is not going to cost the City anything at this point in time.
I will make such a motion.
Mrs. Kennedy: I will second.
Mayor Suarez: It has been moved and seconded. Any further discussion from
the Commission? Just for clarification. I am pretty sure of the answer.
There is no disruption in any way of any other plans that we have got for the
park, or any monies allocated, or obtained from the Federal government for the
fountain, or anything else? Have we looked at the location to make sure that
we are in agreement on it?
Mr. Odio: I have not.
s _!
i
Mr. Gilchrist: That location is fine for it, sir.
+ Mr. Plummer: Well, let me ask this question, John - even though...are we
placating our demand upon Gould for his $1.000,000 to redo that end of the
park? You know, chances of our collecting are nil, but do we take away all
chances of collecting, by him saying, "Well, you know, I can't do it now,
-, because you have got this sculpture in there."
Mr. Gilchrist: This is really outside of his area, air, that he was trying to
fund. It is on the corner, where the escalator would come down from the
would-be bridge from the people mover.
Mr. Carollo:
Dupont,
He is too busy with the exhibition space now, across from
Id
93
March 18, 1906
Mayor Suarez: We have a motion and a second. Any further discussion from
the Commission? Hearing none, please call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-198
A RESOLUTION ENDORSING THE CONSTRUCTION OF A CHALLENGER
VII SHUTTLE MEMORIAL IN HONOR OF THE ASTRONAUTS WHO HERO-
ICALLY LOST THEIR LIVES; DESIGNATING A SITE IN BAYFRONT
PARK FOR THE MEMORIAL; INCORPORATING THE MEMORIAL IN THE
NOGUCHI DESIGN; URGING THE STATE OF FLORIDA TO DESIGNATE
THE MEMORIAL IN THE CITY OF MIAMI AS A STATE MEMORIAL AND
ASSIST IN ITS FUNDING.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
Mayor Suarez: Thank you, Ralph, for taking time to propose this worthy cause.
29. PERMIT WALDEN WILLIAMS TO PARTICIPATE IN HOME RENOVATION PROGRAM.
Mayor Suarez: Agenda item 61 requires a four -fifth vote, being a waiver of
requirement contained in City Code section 2-302.
Mr. Carollo: So moved.
Mr. Plummer: Second.
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 Carollo, who
moved its adoption:
RESOLUTION NO. 86-199
A RESOLUTION WAIVING THE REQUIREMENTS AND PROHIBITION
CONTAINED IN CITY CODE SECTION 2-302; BY FINDING, AFTER A
DULY ADVERTISED PUBLIC HEARING, THAT IT IS IN THE BEST
INTEREST OF THE CITY TO PERMIT WALDEN WILLIAMS, AN EMPLOY-
EE OF THE SOLD WASTE DEPARTMENT, TO PARTICIPATE IN THE
HOME RENOVATION AND REHABILITATION PROGRAM ADMINISTERED
BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S HOUSING
DIVISION THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVEL-
OPMENT.
(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 -
Id 94 March 18, 1986
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
30. PUBLIC HEARING TO BE HELD IN CONNECTION WITH N.W. 8TH STREET ROAD HIGHWAY
IMPROVEMENT H-4520.
Mayor Suarez: Agenda item 62, confirming ordering resolution, and authoriz-
ing the advertising for sealed bids for Northwest 8th street?
Mr. Cather: That is the east -west expressway, sir.
Mayor Suarez: What east -west expressway?
Mr. Plummer: Do you want to speak on it, sir?
Mr. Odio: Come forward.
Mr. Cather: This is standard procedure for confirming a resolution you have
passed before for 8th Street Road. which was formerly Culmer. We changed the
name of it, per your suggestion, and this is to now advertise to authorize the
advertising of sealed bids for the construction of the highway.
Mr. Godfrey: (OFF MICROPHONE) I'm sorry, I didn't hear what you said about
the street - the name of the street.
Mr. Cather: At one time it was called Culmer.
Mr. Godfrey: No, it was Allapattah.
Mr. Cather: Allapattah? And it is now 8th Street Road.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Plummer: This is from 7th Avenue up to...
(INAUDIBLE BACKGROUND COMMENTS - NOT ON MICROPHONE)
Mr. Plummer: But. not as 8th Street Road, it doesn't.
Mr. Godfrey: 8th Street Road goes into...(INAUDIBLE)
Mr. Plummer: That is correct. So, is it from ith Avenue to where it goes
into loth? No, it is more than 8th Street Road.
Mr. Godfrey: It goes all the way up to 13th...
Mr. Plummer: But, here it is loth Avenue - from here to here, it is loth
Avenue. I know damn well where 8th Street Road is. See this here? That is
where I got run over.
Mayor Suarez: I didn't see the road after the street. I couldn't figure out
where it was - N.N. 8th Street. now I know where it is at.
Mr. Clyde Godfrey: May I...
Mayor Suarez: Yes, sir. Do you want to state your name and your address?
Mr. Godfrey: My name is Clyde Godfrey. I own the property at 800... the
beginning, and also 808, two pieces of property.
Mr. Plummer: Is that the laundry, or across the street?
1d
45
March 10
Mr. Godfrey: Across the street, Florida Precision and the building there, and
the warehouse next to it. I've owned the property for 25 years. I am famil-
`'
isr with the area as a little boy, so I go back about 50 years with the
property, that is why I was aware that Allapattah. The proposal, as I under-
„4*:`'`
stand it, is that really, the change is to make parking along that street. I
can't quite understand why we need parking, having owned the property for 25
"
years, and I'm familiar with it for 50 years...
Mayor Suarez: When you say parking, you mean parking meters, do you?
Mr. Godfrey: That I don't believe they proposed, but they are talking about
parking along that street. We never had it; I don't think we need it. It
will increase the width of the road, with the improvement... it really won't
_
improve anything as far as the traffic pattern is concerned. If you allow
parking along there, you are still going to have two lanes, and I don't feel
that... most of it is residential, and the people should pull into their yard
and park. I have facilities at my building for about 15 cars, so in my case,
I object to people parking out in the grass. Now, what it is going to do, is
basically take the grass strip, between the sidewalk and the road, and do away
with it. That is what it basically gets down to. I have maintained the grass
strip along there. I grant you that it has not been done very well, but I
1.
don't think that is a reason to do away with it. The road is in reasonably
good condition and I don't think
8 ' your doing away with that strip is going to
improve the road.
Mayor Suarez:
Is the road in bad disrepair, from your perspective?
Mr. Godfrey:
No, sir, it is not.
Mayor Suarez:
Or any pot holes?
Mr. Godfrey:
No, it is not. No sir, there is none. There is some improvement
to be done at
11, where the Metrorail station is there. They have torn it up
a little bit,
and it could be improved, but other than that, that is...
Mayor Suarez:
I will tell you my feeling. I would entertain a motion from
...
this Commission to have public hearings with the residents in the area, asked
to come, as we have done in other cases, and if the residents don't want the
improvements,
maybe they shouldn't be built.
Mr. Godfrey:
We have already had that.
OFF
Mayor Suarez:
You've had it?
f
Mr. Godfrey:
Yes I think, they sent out a card. It is 11 to 5 right now.
Mayor Suarez:
I am sorry?
y�
Mr. Godfrey:
It is 11 to 5, right now - 11 against the improvement, 5 for
t�
Mayor Suarez:
The City held these hearings?
F;
Mr. Godfrey:
It is not a hearing, they sent out post cards and asked for a
.y
vote.
Mayor Suarez:
Mr. Cather, is that a correct reflection
of what we have gotten
so for by way
of feedback from the citizens - residents
of the area?
Mr. Cather:
We sent out cards to 45 property owners.
six replied "yes", 11
replied "no",
and the remainder had not replied at all...
Mayor Suarez:
Well, the last time we had actual public
hearings...
Mr. Cather: ...
So we assumed that they have not said no,
that they are in favor
of it. six replied
yes.
Mr. Plummer:
You are saying silence gives consent.
Mr. Cather: Silence
gives consent, yes.
14 96 March 189 1986
i
�
Mayor Suarez. There is
Y
a great la based upon that) The last time we
g play P
�=Ls
actually had hearings, and people were asked to come, and they all voiced
opposition, and the whole
thing went down the drain. This is in the roads
area. Sir, do you want to
express opposition or support for the...
Mr. Antonio Prieto: Yes,
my name is Antonio Prieto, and I also am owner of
the corner of 7th Avenue and 8th Street Road, and I just want to say too that
I am against this proposal
at this time.
Mayor Suarez: Thank you,
sir. Anyone else wishes to speak for or against
these improvements... I use
that word guardedly, because unless people are
really in favor, I am not
so sure they are improvements, but we have got some
people in favor, in this
case, at least. Commissioners, what is your plea-
sure* Does anyone...
I
Mr. Plummer: Have a public hearing.
Mayor Suarez: So moved, Commissioner Plummer?
Mr. Carollo: Second.
Mrs. Kennedy: Yes, I will second.
Mayor Suarez: It has been moved, seconded, thirded. Hearing no further
discussion from the Commission, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-200
A MOTION DIRECTING THE ADMINISTRATION TO ADVERTISE FOR A
PUBLIC HEARING IN CONNECTION WITH PROPOSED CONFIRMING
ORDERING RESOLUTION NO. 86-104 FOR THE CONSTRUCTION OF
N.W. 8TH STREET ROAD HIGHWAY IMPROVEMENT H-4520, IN ORDER
THAT THE COMMUNITY AND MERCHANTS OF THE AREA MAY VOICE
SOME SERIOUS CONCERNS THEY HAVE IN CONNECTION WITH SAID
PROJECT.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
Mayor Suarez: Last time we had these hearings, I attended them, and maybe
some of the Commissioners would be able to attend if I couldn't, or if they
could, and it worked out, because the project was never built. People were
against it, so you might want to get your troops ready, and be in touch with
Mr. Cather, who will keep your advised.
31. ACCEPTANCE OF $265,000 FROM DADE FOR 1986 MIAMI WINTER GAMES
Mr. Carollo: There are two quick items that we need to take care of, but I
have to be here, so I would like to bring them up now. One is a resolution
approving and authorizing acceptance of $265,000 from Dade County as the
County's full share of coat in connection with the 1986 Miami Winter Games.
Mayor Suarez: Is that regularly scheduled on the agenda?
Mr. Carollo: I believe so. What item is it Joe?
14
97
March We 1986
Mrs. Kennedy: What item is that?
Mr. Plummer: It is on the agenda.
d;•v;''-' Mr. Carollo: Is it on the agenda? What...
Mayor Suarez: Does anybody know, so we can make reference to it?
Mrs. Dougherty: It is not on the agenda.
Mr. Plummer: Oh, I am sorry. I am told that it is not. I haven't seen it.
Mr. Carollo:
No it is not scheduled is it?
Mr. Odio: It
is not on the agenda, because we just received this yesterday,
and we need to
have an acceptance of the money.
yn
Mayor Suarez:
It sounds good to me.
Mr. Plummer:
Mr. Mayor, we negotiated this out at the T.D.C.
�.
ia
Mr. Carollo:
Yes, and directing the City Manager to transmit said sum to the
Greater Miami
Host Committee, Inc., as the County's share of said cost. I so
move.
Mayor Suarez:
It has been moved. Do we have a second?
Mr. Plummer:
Joe, you need an amendment on that. As you know, I worked with
the Winter Games, and the amendment is that, that money is paid to the City,
t
and then to the host committee, as bills are presented for those funds.
Mr. Carollo: That is fine.
;n • .:.ate
4 Mr. Odio: Let me say something, Commissioner Plummer. The bills already have
been paid out of funds that they have in their account...
Mr. Plummer: OK. so if they have the bills, we just pay them.
Mr. Odio: ... so, this is to repay the monies that they have in their account.
Mr. Plummer: That is fine. All they do is give us the bills, and the money
is paid directly to them. No problem.
Mr. Carollo: That is fine.
Mr. Plummer: I second it. I third it!
Mrs. Kennedy: No, you second it.
Mr. Plummer: I second it.
Mayor Suarez: It has been moved and seconded. Any further discussion from
the Commission? Please call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-201
A RESOLUTION
APPROVING AND
AUTHORIZING ACCEPTANCE
OF
$265,000 FROM
DADE
COUNTY AS
THE COUNTY'S FULL SHARE
OF
COSTS IN CONNECTION
WITH THE
1986 MIAMI WINTER GAMES;
AND
DIRECTING THE
CITY
MANAGER TO TRANSMIT SAID SUN TO
THE
GREATER MIAMI
HOST
COMMITTEE,
INC. AS THE COUNTY'S SHARE
OF SAID COSTS.
(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 -
Id 90 tlarch iE l9gb
E
AYES: Commissioner
Joe Carollo
I
Commissioner
J. L. Plummer, Jr.
F_
Commissioner
Rosario Kennedy
Mayor Xavier
L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
1
32. DISCUSS AND CONTINUE RENEWAL OF INTERLOCAL AGREEMENT WITH TOURISM INDUS-
TRY COALITION.
Mayor Suarez: Commissioner, go ahead.
Mr. Carollo: Mr. Mayor, I am already like 20 minutes late. I can only stay
just a few more minutes. One item I would definitely like to bring up is the
item relating to the Tourist Coalition. What number is that again, Mr.
,A
Manager?
Mr. Odio: 82.
Mr. Carollo: What I would recommend to the Commission, is that this particu-
lar item, we stay in the Coalition, however, we do not contribute any monies,
and we keep the Miami Convention Center name, along with the sales department,
for the City of Miami that will be specifically selling mainly for the down-
town and Coconut Grove areas.
Mr. Plummer: Mr. Carollo, at such time as the Commission is ready - and I
don't mean to say this because you have got to leave - there was some action
at the T.D.C., in which I did not have the opportunity to write a report of
p;
what has. Your concern is assured that there is $250,000, which is set aside
for the Miami Convention Bureau, to keep it intact, and to keep it in opera-
tion for the next year. Those monies are there, together with $350,000 for
the Host Committee.
Mr. Carollo: Well, are you saying that we are assured to have those monies?
Mr. Plummer. The only holdup at this point is the Metro Commission. The
kv. 3
T.D.C. approved it. The Joint Venture approved it, and I would say to you,
and it was going to be my request when 1982 came up, that this is going under
a reorganization, and that until such time, it is premature coming up before
i_:.",
us.
Mr. Carollo: Well, but, we could...
Mr. Plummer:
And
I would move that it be deferred until such time as those
studies have
been
completed.
Mr. Carollo:
That
is fine. I have no problems with that.
Mayor Suarez: I would note additionally, that the fiscal year, at least, if I
am reading this right, is defined as October 1 to September 30th. I am not
sure why we are being asked to approve the interlocal agreement at this point.
Mr. Plummer: No, sir, that is the fiscal year, but the agreement that was
originally signed with the T.D.C. and this Commission, was in April, and that
was the starting date, and that is why the...
Mayor Suarez: OK, on your motion to defer, when would we hear this, at the...
Mr. Plummer: At such time as the completion of the reorganization and re-
structuring by the entire overall.
Mr. Carollo: All right. In as far as... do we need to vote and defer that
item, or...?
Mr. Plummer: All I was going to ask that it be continued.
ld 99 March I8, 1946
Mr. Kennedy: And he moved. Do you want to second that, Joe?
yy.
5f
Mr. Carollo: Yes, I will second that, it is no problem.
Mayor Suarez: Any discussion from the Commission on motion to defer... or
continue, really? Read to call the roll, if you want to make your quick
remark on that particular aspect, that we simply want to have additional time
'. to consider this.
Unidentified Speaker: Yes, we would like to appear before the next Commission
�' meeting, if that is possible. Reorganization isn't until October 1st. The
g. 8 , p 8
City is not a member of the Coalition at the moment. The interlocal agree-
ment has expired, so I think we need to address that.
Mr. Carollo: Well, then we have no problems then right now. We are not
-j members.
Unidentified Speaker: Yes, sir, we do, but we would rather have you here, so
I would rather not talk about it, until you can be present with us, because
there are some concerns that we need to address.
Mr. Carollo: Well you have concerns, but from our point of view, we have no
•" problems, because we can still use the Miami Convention Center's name.
Unidentified Speaker: I have no problem with that at all.
Mr. Carollo: That is one of the main areas that we want to be sure of, and
have our own sales people.
Unidentified Speaker: There is a perception that we have a problem.
Mr. Carollo: The Coalition is fine, but in the meantime, it is not helping
our downtown hotels, our other hotels, the way it is helping other parts of
the County.
Unidentified
Speaker: I understand.
ti
y
Mr. Carollo:
And that is the main area that we are going to make sure that is
protected.
I am a Commissioner from the City of Miami, not Miami Beach,
not
Bal Harbour,
not Unincorporated Dade County, and I want to make sure that
our
hotels here are protected before anything else.
Unidentified
Speaker: We are in total agreement with that and would encourage
Mr. Pajares'
role as the chief of the sales force for the City of Miami,
but
4t
we would like the opportunity, at the next Commission meeting, to get into
the
a
matter presently.
Mr. Carollo:
Well, I think the position he has is a little above chief of
the
-.,
sales force,
but that is besides the point. We will take it up next time.
Mayor Suarez: How about the total interlocal agreement that was being drafted
as presented to us, at the Greater Miami Visitors and Convention Bureau? Are
we supposed to get copies of that, as requested?
Unidentified Speaker: Mr. Pajares, I think, has a copy of the latest draft,
and should share that with the members of the Commission.
Mayor Suarez: I believe we sent out a memo requesting that. Let's call the
r
roll to formally defer or continue the item.
'
MOTION TO CONTINUE
This item was continued by the
following vote:
°:.
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer,
Jr.
Commissioner Rosario Kennedy
A- ,;
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
Id 100 March 18, 1906
33. DISCUSSION AND TEMPORARY DEFERRAL OF REPAIR PROJECTS ON S.W. 8Tg STREET.
( See label #37 )
+r .,
3 P
IDS Y1 t
Mayor Suarez: I know on agenda item 88 we have Mayor Reboredo from the City
of West Miami.
Mr. Carollo: This is a discussion item, and I would like to express my
opinion briefly. We need to take an action, if we will. I am opposed to
tiF having construction going on for some three years on S.W. 8th Street, and I
don't believe that they can begin construction on that part that the City of
Miami has jurisdiction, unless we approve it, the City Commission. Is that
correct Madam City Attorney?
t' Y Y
Mr. Plummer: No, that is a Federal highway.
Mayor Suarez: I wish that were true.
Mr. Plummer: That is U. S. 41.
.a Mr. Carollo: Yes, but there are certain requirements there, that they have to
get approved from us, as I understand it.
Mrs. Dougherty: For the construction of a Federal...?
Mayor Suarez: This is for the construction of S.W. ... construction, or
' destruction, depending upon who you listen to on S.W. 8th Street.
;'.:.:. Mr. Carollo: It will be both.
Mayor Suarez: Yes.
-,,- Mrs. Dougherty: They don't usually have to get permission from the City.
z�4s Mayor Suarez: Now, we have asked in the past D.O.T., the State D.O.T., at
„or
least as a request, and a rather strongly worded request that they consult
with us before they begin tearing up our streets, and that was certainly...
Mrs. Dougherty: They do, and they also get approvals from our Public Works
Department for the construction scheduling.
Mayor Suarez: We really had hoped that that resolution, or motion that we
passed would have it such that the Commission would consider it and not just
to the Public Works Department.
Mr. Carollo: What can we do right now to put a stop to it? Is there anything
we can do, or at least, if we can't stop to expedite the three year term,
this is crazyl These people on S.W. 8th Street have suffered so much already,
if we start this now, they definitely are all going to, you know, have to shut
down all the businesses.
Mr. Dougherty: I would suggest that you resolve to direct the City Manager
and direct the City Attorney to take all appropriate actions to accomplish
your goals in this matter, which includes lobbying, and maybe instituting a
court action, or at least, researching it.
Mr. Carollo: . Well, I think possibly court action might be the right way to
go at this point in time, because it is almost, you know, the ninth inning and
the game is almost over.
Mr. Plummer: Well, maybe the game is just beginning by the fact that the
State is doing it and the Legislature is going into session April 1st, that
that might be the appropriate place to address, not only the expediting, but
whatever else issue there is involved.
Mr. Alvaro Cabrera: I am Alvaro Cabrera, and I am the president of the
Association of Professionals, Merchants, and Neighbors of S.W. Sth Street.
Id 101 March 18, 1986
0
Mayor Suarez: Give us an address of the association.
j
Mr. Cabrera: 6800 S.W. 8th Street. We represent the people affected by the
~�
prop osed road construction on S.W. 8th Street. We have met. We have a
±f
pretty well organized group. We went to the public hearing - there was a
n
public hearing, which focused on the five year plan. We are opposed to the
project in the way that the D.O.T. has proposed, or the way that they want to
.,..
carry out the work. We are not opposed to fixing u 8th Street, but it is
y pp g P
ridiculous, the plan that they have brought forth. What they want to create
is a S.W. 8th Street expressway, and I don't think what they want is improve-
ments on the road area. What we would like from the City of Miami Commission,
is basically a resolution, which would give us the right to, or would allow
us, or would give us support - you know, our organization, in dealing and
.``
talking and talking with D.O.T., and see if we can come up with a solution to
this problem.
# �'c
Mayor Suarez: The consensus of this Commission would be reflected in a
resolution. I believe I am speaking for all of us and hopefully will want to
Ji
make a motion to that effect, that would state that no improvements take place
- -
on S.W. 8th Street whatsoever, until they have sat down with the merchants
and worked out a schedule and a way of constructing it to minimize the disrup-
};`-,.
tion of your respective businesses.
Mr. Cabrera: That is exactly what we are looking for, exactlyl
Mr. Odio: Mr. Mayor, the District Engineer is here. I don't know if he
-. s.
wishes to address the Commission. I am not putting you on the spot.
Mr. Plummer: Well, if we make such a resolution, will you listen?
.fi
Mayor Suarez: If we make such a resolution, will you listen to us?
(INAUDIBLE COMMENTS - OFF MICROPHONE)
Mr. Plummer: Come up to the microphone.
Mayor Suarez: Let's see if we can get this resolved. We've got tons of items
�a here yet - people waiting to be heard on.
Mr. Taylor: We have been meeting, have initiated meetings with the merchants
in the area. We have been carrying on discussions. What we are proposing for
8th Street is not an expressway facility, it is a four -lane arterial street
with a left turn lane in the middle, and that is the cross section that we are
proposing. The issue concerning three years, we have broken the project
between the Palmetto Expressway and 27th Avenue into three pieces so that it
will not be as disruptive over the whole length of the project. The three
years is to start the first project, and complete the last project, so that
during that three year period, there would be construction in some section of
8th Street.
Mayor Suarez: Why is this project being built? What has to be fixed on S.W.
8th Street, west of 27th Avenue that requires a three-year project, if I may
ask? ... other than the left turn lane, which I understand would be useful to
have.
Mr. Taylor: The issues that are involved are the left turn lanes, drainage -
there is a significant drainage problem in the street. There is problems
that...
Mayor Suarez: I've seen that at 36th Avenue, and that is about it.
Mr. Taylor: Well, I think that if you look throughout the length of the
project, there is some drainage problems, and those have a tendency to flood,
to have water on the road when it rains, so that is one of the issues, is to
fix the drainage, again to provide for those left turns, and to provide a
higher level of lighting, which is another issue through the area - the street
lighting is not adequate.
Mayor Suarez: We have been asked by our City Manager to approve reducing the
lighting of the City maintained and operated streets, so we would be going the
opposite way, is what you are saying, on S.W. 8th Street, on increase light-
ing?
Id 102 March 18, 1986
0
0
„
Mr. Taylor.
Well, S.W. 8th Street is not a City operated and maintained
street.
'
Mayor Suarez:
Y
Oh, I am certainly aware of that, otherwise you probably
Y Y P Y
rM. t
wouldn't have
any construction whatsoever from hearing this Commission re-
"*
spond.
Mr. Taylor: That is true. It is a State highway.
Mr. Plummer:
Can I ask you a question, sir? ... because I remember when you
did Bird Road,
and I was directly affected, and they came about of doing half
`
of the road at
the time. Are you proposing the same for S.W. 8th Street?
Y P P 8
Se'
3{
t.�..,;..;
Mr. Taylor: Essentially,
yes.
.. Mr. Plummer: In other words, S.W. 8th Street will always be open during the
"• entire three years, so you just cut it down in that area of construction from
four lanes to two.
{ Mr. Taylor: That is correct.
Mr. Plummer: Well, at least that is a help.
Mrs. Kennedy: Let me ask, perhaps merchants can answer that. How many
businesses are there between 27th and the Palmetto?
Mr. Plummer: 27th and the Palmetto?
Mayor Suarez: 27th and the Palmetto.
Mr. Cabrera: Approximately 1,200 to 1,500. We did an informal census. There
is one thing I would like to say about what he was saying about, you know, he
is making promises, and we are going to do them in sections, and we are going
::. ...
to do it in "x" amount of time - we heard that before, and that was said on
7th Street. They said we are going to do it in sections, and we are going to
finish off the highway in "x" amount of time, and we are going to get it done,
aN_
and on, and on, and onl You know, the thing that we want is, we want to have
the to be able to stop the until we can have something that is
power project
w-:
for the benefit of the people that live and work along S.W. 8th Street. You
know, they design, they want the community to fit the highway, instead of the
highway to fit the community, and we want to see it in black and white.
-*
t
Mr. Odio: Can it be in color?
_
-
Mr. Angel Rodriguez: Mr. Mayor, with all respect to Mr. Taylor, for the title
that he... my name is Angel Rodriguez. I am a merchant on 7280 S.W. 8th
Street, and I have my office at 7175 S.W. 8th Street, room 218. I would like
to bring to your attention there is nothing more embarrassing, depressing,
and I want to thank you for giving us the opportunity to talk to you, than to
_
come to this Commission with no faith. The actions and the results of the
D.O.T. are not acceptable under no circumstances. The reasons why we created
F
this association was beyond and before this Calle Ocho situation. We did it
v p
for the corruption that we have with the prostitutes on 8th Street, and I want
to bring to your attention that if the D.O.T. gets away with the kind of
things that they want to do, you don't have to worry anymore about the corrup-
tion of the motels, but all of the businesses will be out of business, and you
will have the worst red zone not in the City, not in the County, not in the
-
State, but in the whole United Statesl I beg the Commission to stop this
_==
project. There is no need for the D.O.T. ... there is no need for Mr. Taylor
-
to go and put all the businessmen in Chapter 11 on 8th Street. Either we do it
--
with your help, ... we beg you to help us. We cannot stop, as merchants,
this project. This project is not for the benefit of anybody. There is no
way you can..* the only one who is going to benefit from this is the express-
way of 836, They just mentioned it to us. What they want is a mini -express
from Brickell Avenue all the way to the Palmetto, and we will not tolerate
that that would be under the back of all the businessmen, Mr. Mayor. I beg
_
you to help us. We have to stop this project, or we will go broke. Thank
=
you.
NOTE FOR THE RECORD: COMMISSIONER CAROLLO LEFT THE MEETING AT 4:42 P.M.
ld 103 March 18, 1986
{
Mayor Suarez: Mayor, do you want to add anything, other than what we have
had?
Mayor Pedro Reboredo: Yes, Mayor, first of all, in the City of West Miami, we
passed a resolution in which we requested D.O.T. to look to the claims of the
merchants. We attended the Dade County Commission, in which, at that same
i
time, or two days after, they passed a resolution demanding of the D.O.T. to
present to the association the plans and specs before they go out for bids.
The main problem that I see is that there are very many horror stories, past
and present, going on now, on the Calla Ocho near Brickell, where since
"
November, some of the businesses have been blocked. I do trust that the
,.
D.O.T. will try to solve some of these problems, but the main problem is
this - the essence of the design is based on a public hearing that took place
in 1973 when the conditions that were prevalent in Calla Ocho were different
from now, and the problems of the small number of merchants that will go broke
were not existing then. The conditions are varied, so that is what we have
#_
demonstrated with 1,500 members present, and last 26th, when we mentioned to
7,.
the D.O.T. that we were very concerned of the project, the effect it going to
4;
have in the area, and certainly we requested... we are not against progress,
'.
don't misunderstand us. We want to have better drainage. We want to have
better lighting, etc., but...
3j
Mayor Suarez: I am going to hold you right there. You are kind of an expert
on drainage because I have talked to you before about other projects that you
think have not been handled properly. Does S.W. Sth Street have a drainage
="
problem that generally extends from 27th all the way to... or is it isolated
areas?
Mayor Reboredo: There are in some areas - it is isolated areas that do have
the problem.
Mayor Suarez: Such as...?
z
Mayor Reboredo: For example, in the area of West Miami, I am aware that there
are some pocket areas that do have the...
Mayor Suarez: What avenue, for example?
Mayor Reboredo: We will say between 62nd and 63rd Avenue, and we will say
between 60th and 61st Avenue! Those are two areas that do require it. Their
design calls for a continued drainage to dump into the canal at the Palmetto,
all throughout the length of the project, but the problem is this - I do
a;
believe, from any engineering standpoint, that the project could be done in a
p
way that to minimize the effect of the merchants, but does the D.O.T. want to
get to the point? As a ball park figure, we said we want a block built every
week. It can be done! It can be done from an engineering standpoint.
3f
W°T
Certainly it is going to cost more, but do we pay more in the construction of
a project, or do we pay welfare checks to the merchants that are going to go
`A.
broke? So that is the options. And secondly, in the design of this project is
.
rs
taking away a tremendous amount of parking space that the small merchants do
�
have on Calla Ocho, so that turning lane throughout the length of the project
is going to create havoc to those little merchants that survive with that
little parking in front of their place. So, there has been talk about having
? '
a special parking area a block away, half a block away from the merchants. As
you all know - first of all, when you shut down a business for good, for six
months, eight months, a year, people forget about that business and then
further on you move away the parking space away from that business, that
business is going to go broke. So, what I am saying is this - give us the
power to study dramatically, check it with your engineers - we have con -
"']A °
sulting engineers working with us, and let's see if they can come up with an
acceptable solution to the problem for every merchant, and we will go in a
public hearing then, with all the merchants present, present the situation,
but first, tell the D.O.T. to stop it until they convince us, convince the
merchants that the have a proper design for the area, and certainly, not
� Y P P 8
base the design on a 1973 hearing that did not have the same situation as now;
and thirdly, if I may, please, we cannot separate the development of Calla
Ocho from the tremendous impact of the corruption, the prostitution, and all
this drug dealing that is taking place in Calla Ocho. This is another item,
not of this hearing, but, in the very near future, I beg of you, that should
be taken. I want to mention something. In West Miami, we have taken away the
zoning for motels and hotels. No more motels, hotels, can be built, There is
a moratorium in West Miami, where none of those can be built. As an immediate
or final...
Id 104 March 18, 1986
Mayor Suarez: That is a way to get some immediate relief from the prostitu-
tion problem. That is an interesting concept.
Mayor Reboredo: Thank you.
Mayor Suarez: Ernie, you are going to say something different from what has
been said?
Mr. Ernie Fannatto: I've got some things I want to add in addition to.
Mayor Suarez: Do you have some interest in the construction company that is
doing the construction out there on S.W. 8th Street?
Mr. Fannatto: I am going to talk about one of the solutions. Mr. Mayor and
Commissioners, and listening audience - Ernie Fannatto is my name. I had the
pleasure of speaking for the merchants against what is taking place for S.W.
8th Street for five years. I am going to tell you one of the main troubles in
the past. The contractors laughed at the general public. You want to know
why? They don't have enough cash bond to finish the project on the time that
is stated. They should have a large cash bond, not a small cash band, because
they can afford to lose the bond, and do three or four projects. Now, what
they should do - not a five year project, they should give the contract out to
four different contractors - one start on one end, one on the other, and meet.
Two on the other way, that would be four. They can do it four times quicker,
and time is the essence of these business people. The longer they are idle,
the longer they do less business, the quicker they are going bankrupt. These
people - 1,200 people, they are on the tax rolls. They have got to pay their
taxes and we have got to give them a break, but I don't think, Mr. Taylor,
:F when you say we are going to do a block at a time, you will be ten years
getting it done at that rate!
Mayor Suarez: No, he hasn't suggested that. It has been your group that
suggested doing it that way. Ernie, we are getting repetitive now. I want to
tell you, and I think we can get this resolved, because I believe the Commis-
sion has a consensus on it anyhow. I have a recurring nightmare that S.W. 8th
Street will look like Flagler looked, for the last - I don't know how many
years, with craters on both sides, with business going bankrupt, and really,
if there is any way to more emphatically state to the D.O.T., Mr. Taylor, what
we feel, than we have done already, I would like to find the words to do it.
You know, please don't drive these merchants out of there. We are talking
about a lot of merchants. Their presence there is a heck of a lot more
important than S.W. 8th Street traffic moving quicker, or being able to turn
left quicker, frankly, and I travel on S.W. 8th Street quite a bit, and I have
never really found it to be that difficult. It is not exactly the best artery
in the world either - it could use improvement, but not at the cost of the
businessmen who are there.
Mr. Fannatto: I am just going to conclude by saying that it is going to make
a lot of money for the road contractor, and it is going to be a lot of grief
for the homeowners and the business people. I say this here - let's talk,
let's have a public hearing and let these businessmen and other people come
up with constructive recommendations that are beneficial to our 1,200 tax-
payers.
Mayor Suarez: Thank you, and you have heard one idea thrown out today that I
have not heard, about the possibility of legal action. I don't imagine that
we are going to put that into a resolution at this point, but it is something
that may at some point be considered. Mayor?
Mayor Reboredo: Mr. Mayor, could we have a resolution, in other words,
instructing...
Mayor Suarez: We are going to try to get it as soon as I get a quorum here.
Mayor Reboredo:...OK, instructing the D.O.T. ... all right. Thank you very
much.
(NOTE: AT THIS POINT THE ISSUE WAS MOMENTARILY DEFERRED.)
1d 105 March 18, 1986
I
i
I
34. ALLOCATE $90,000 IN SUPPORT OF THE MIAMI DESIGN DISTRICT.
Mayor Suarez: Why don't we take Mr. Fineman's item. We can't act on it for
the moment, but let's hear from Miami Design District.
Mr. Ronald Becker: Ronald Becker, 3900 North Miami Avenue, and I am repre-
senting the Miami Design District Association. I am speaking of course, on
behalf of Mr. Fineman, who is attending here this afternoon. I believe a
proposal was delivered to each of your respective offices this past week, but
I will summarize what it is that we are proposing at this time. During the
:-_ ,.,...:
last funding period, April of 1985 through March of this year, the City of
>
Miami has supported the Miami Design District Association's programs with
$80,000. $27,000 of this was used for operational expenses, $50,000 for
promotional expenses. The results of having this funding has been encourag-
i
'',
ing. The newsletter that has been prepared as a result of this, and other
funding was sent to 12,000 designers and potential businesses. Design Miami,
1986, the major promotion for the period, brought in designers and architects
from throughout the country.
_
Mayor Suarez: Let me interrupt you for a second. Mr. City Manager...
Mr. Odio: Yes, sir.
Mayor Suarez: Is this... I am not too sure why their funding period ends in
March, but is this part of our regular funding process, the Miami Design
District? I presume it is, right?
Mr. Plummer: We did it for the first time last year.
Mr. Odio: It was done for the first time, as a special item, last year.
Opt
Mayor Suarez: Is there any recommendation from the City Manager at this point
! r
on this item?
*7e
Mr. Odio: I think, there is no question in my mind, that if we don't do
something for the Design District, we are going to lose it. Dania and other
cities have been very active, trying to get them to move up there, move
businesses up there. We do have an obligation, Mr. Mayor. I think it is
tk
important to our development.
�F i
Mayor Suarez: During your last fiscal year, we had the opening of the new
competing center in Dania, I guess it is.
Mr. Odio: Yes, Dania.
Mr. Becker: That is opening very shortly.
Mayor Suarez: What is the amount that we funded in the past?
Mr. Odio: Last year, $80,000. They are asking for $90,000.
Mr. Beck: Last year, $80,000.
Mayor Suarez: Are we in a position... is the staff satisfied, that we have
sufficient supporting materials from whatever auditing has to be done, and all
that, that we can vote on this item right now?
Mr. Odio: I have checked with the Department of Development, and they assured
me that they are
Mr. Plummer: Where is the money coming from?
Mr. Odio: Special Programs and Accounts.
Mayor Suarez: Go ahead, Matthew.
Mr. Matthew Schwartz: We have reviewed the proposal, and the Design Plaza is
one of the priority projects that we are working on, and the need for the
Id 106 March 18, 1986
retention of the businesses in the district, and besides selling the dis-
trict, they are also selling Miami. They have done an excellent job in the
last year.
Mr. Plummer: Did we have an
audit of last year?
4
Mr. Odio: I am sure we can
forward one to you immediately. Chhabra
has one,
aE
I've seen it. They found...
no findings.
'-
x=:%
Mr. Plummer: Well, I will
tell you. As far as I am concerned,
I am all in
favor of it. I think those
of this Commission have got to keep
in mind that
there are other districts
in this town that are going to be
coming in.
Garment District is hurting g
just as badly, and if you start one,
you have got
to do them all. I have no
problem with that. That is what this
town is all
E.
about, I would move the approval
of the $90,000 at this time for the Design
District.
Mrs. Kennedy: I second
that motion.
Mayor Suarez: Moved and seconded. I presume there
won't be any
more discus-
sion from the Commission. I do want to say that we
ought to get
the support-
ing documentation, at
least after the fact, Mr. City Manager,
including an
audit. I'd like to see
how the monies were spent.
Mr. Odio: Yes, sir.
This Design District creates
jobs. We need to create
more jobs in Miami.
That is the difference from
a festival
- Miami Film
Lj
Festival,
Mayor Suarez: Sure. I have been out there as much as I possibly can, check-
ing on everything that is going on, including the mounted police, and every-
thing else, a couple of weeks ago.
Mr. Plummer: The thing that I want you to be aware of, that I, you know, you
have given us a budget in which the dollars are going for, and I am going to
r
be monitoring that, that is what the money went for.
w ^` Mr. Becker: 30 percent of the budget that we are asking for at this time,
comprises the $90,000, that is, we, the association is coming up with well
over $200,000 to support the funding.
Mr. Plummer: Well as long as we... I am holding you responsible to monitor.
Mayor Suarez: It has been move and seconded. Any further discussion from
the Commission? Please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-202
A RESOLUTION ALLOCATING A SUM NOT TO EXCEED $90,000 FROM
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT
OF THE MIAMI DESIGN DISTRICT ASSOCIATION (MDDA) PROGRAM
FOR THE PERIOD OF APRIL 1, 1986 TO MARCH 31, 1986; FUR-
THER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WITH SAID
ORGANIZATION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy. the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES; None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Id 107 March 18, 1986
0
Mr. Becker: Thank you, very much.
Mayor Suarez: Thank you. Mr. Fineman, good to see you here. Good to see
you, sir. You are looking healthy.
35. RECONSIDER PREVIOUS VOTE ON AGENDA ITEM 25, "YOUTH ADVISORY COUNCIL";
LOWER AGE REQUIREMENT OF BOARD MEMBERS. (See label #5).
Mayor Suarez: We had previously created a Youth Advisory Council. I am
told, Madam City Attorney, that they had hoped that we would make a modifica-
tion in the enabling resolution, I guess it is, so that 16 year olds and 17
year olds could participate, and not just 18 and over. Assuming this Commis-
sion wanted to make that modification at this point, what would be the proce-
dure?
Mrs. Dougherty: You just vote on the amendment.
Mr. Plummer: It is not a substantive change. If it is that, a substantive
change, it goes back to first reading.
Mrs. Dougherty: It is not a substantive change.
Mr. Plummer: No? OK.
Mayor Suarez: Is there any Commissioner that wants to make motion to that
effect?
Mr. Plummer: Well, it is on the agenda for second reading, correct?
Mayor Suarez: Was that first reading?
Mr. Odio: It was passed this morning, sir.
Mrs. Dougherty: It was not passed this morning.
Mr. Odio: Yes, it was. Number 25 was passed this morning, and you passed it
saying 18 through 24, that is the way that...
Mrs. Dougherty: No, no.
Mrs. Kennedy: But I think Christina Morales' statement, obviously, that she
wants to make.
Mayor Suarez: Well, but, I just want to make sure that procedurally, we can
do it at all. Was that second reading we did this morning?
Mr. Plummer: Yes.
Mrs. Dougherty: Yes.
Mayor Suarez: But, we could take a... as Commissioner Plummer has asked, it
is not a substantive change?
Mrs. Dougherty: It is not.
Mr. Odio: And we have no problem in the age group. We didn't pick the age
group. I don't know where that came from.
Mr. Plummer: I will make a motion to amend the item 25, to allow 16 years, up
to 24.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded. Commissioner Plummer and some of us here
have a saying that when you are ahead, don't complicate life for yourself.
If you want to make a quick statement, go ahead, but I have a feeling you are
going to win the item, and if you talk too long, you might lose it.
Id 108 March 18, 9$6
0 1!'"'
Mrs. Dougherty: J. L., a motion to reconsider, first.
Mr. Plummer: I'm sorry, a motion to reconsider item 25.
Mayor Suarez: Let's first do that before you say anything, Chris. Motion to
reconsider.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded. No further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-203
A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE ON AGENDA
ITEM 25 (A SECOND READING ORDINANCE CREATING THE CITY OF
MIAMI YOUTH ADVISORY COUNCIL).
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mr. Plummer: I amend item 25 to read 16 years to 24 years.
Mayor Suarez: So moved.
Mrs. Kennedy: Second
Mayor Suarez: Seconded. Hearing no further discussion from the Commission
and seeing that Ms. Morales has sat down, will you call the roll, wisely.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-204
A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
AMEND THE TEXT OF SECOND READING ORDINANCE WHICH CREATED
THE "CITY OF MIAMI YOUTH ADVISORY COUNCIL" BY LOWERING THE
AGE REQUIREMENT OF BOARD MEMBERS FROM 18 TO 16 YEARS OF
AGE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
ON ROLL CALL:
Mr. Plummer: For sure!
Mayor Suarez: Yes, absolutely. Now you can do all your homework for tomor-
row, whatever it is you have to do. Those of you who are 16 - one of you.
Id 109 March 18, 1986
I
0 0
36. CONSTRUCTION OF ALLAPATTAH HIGHWAY IMPROVEMENT - PHASE II
sYfP,; j
Mayor Suarez: OK, we still on public hearing items. Item 63 is the next one.
Mr. Odio: This project location is in the area bordered by N.W. 21st Street,
N.W. 28th Street, N.W. 18th Avenue and N.W. 27th Avenue. The street right-of-
way in this area has been completely deteriorated. Estimated total cost of
the project is $2,500,000, and the construction of this improvement will be
\k 1
funded by General Obligation Bond funds.
Mayor Suarez: Are we in compliance with requirements for public hearings,
having two Commissioners up here, and one over in the hallway, Madam City
;n.
Attorney?... or would you want to go over there and see if you can entice her
to
join us?
We need to
have
the three present during discussion?
Mr.
Plummer:
You don't
have
a quorum.
;.
Mr. Don Cather: I would like to point out that on this
project we also sent
out a post card survey to 307 property owners.
Of those
307 property owners,
t
we got 39 "yes" replies, 25 "no" replies, just
the opposite
of the one you had
".
prior to that time, and of course...
Mr. Plummer: Does anybody in the public want
to speak to
the issue?
Mayor Suarez: Is there anyone here that wants
to speak on
this item?
Mr. Plummer: Let the record reflect no one came
forth.
I move item 63.
;.=
Mayor Suarez: It has been moved. Do we have
a second?
.i.;
Mrs. Kennedy: I 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. 86-205
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 86-103 AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS
FOR THE CONSTRUCTION OF ALLAPATTAH HIGHWAY IMPROVEMENT
PHASE II IN ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT PHASE
II H-4507
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES; None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Id 110 March 18, 1986
t
0
l' II
ky 37. REQUEST D.O.T. TO EXPEDITE S.W. 8TH STREET PAVING PROJECT (SEE #33)
Mayor Suarez: We could, on the S.W. 8th Street, item, which was 88, was it?
nti`} Is the Commission ready to make a resolution on that, to the effect that this
Commission...
Mr. Plummer: I would move at this time that this Commission go on record to
the State Department of Transportation, requesting that every consideration
possible be given to the merchants who will be vitally affected by the redoing
of S.W. 8th Street, and that whenever possible, it be expedited, and that at
all times, that road remain open. I would so move.
Mrs. Kennedy: I could not have said it better. Second.
Mayor Suarez: It is moved and seconded. Hearing no further discussion from
the Commission, please call the roll.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: I know it is not exactly what I had proposed, but it is close,
Mayor.
Mayor Pedro Reboredo: Thank you, Mr. Plummer for the position, but if I may
say, in view of the fact that you are showing in good faith in asking, I would
like, if I may, to suggest again, that rather than asking, it will be, if
possible, an order to the D.O.T., to listen, to let the merchants look at the
plans and specifications with your help, of course, with the help of the City
of Miami...
Mr. Plummer: I have no problem with that, Mayor.
Mayor Reboredo: Could you please, Law Department? Thank you.
Mr. Plummer: Sure. Incorporate that in the motion.
Mayor Suarez: So incorporate it - friendly amendment.
Mrs. Kennedy: Just to be a little more forceful, yes.
Mayor Suarez: It has been moved and seconded. Please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-206
A RESOLUTION REQUESTING THE FLORIDA DEPARTMENT OF TRANS-
PORTATION TO GIVE EVERY POSSIBLE CONSIDERATION TO THOSE
CITY OF MIAMI MERCHANTS LOCATED ON S.W. 8TH STREET WHO
WILL BE VITALLY AFFECTED BY THE S.W. 8TH STREET RE -PAVING
PROJECT PRESENTLY CONTEMPLATED BY THE STATE; FURTHER
REQUESTING SAID DEPARTMENT TO TAKE ALL POSSIBLE STEPS TO
EXPEDITE THE COMPLETION OF SAID PROJECT AND TO PROVIDE
THAT S.W. 8TH STREET REMAIN OPEN TO ALLOW A FLOW OF PEDES-
TRIAN AND VEHICULAR TRAFFIC AT ALL TIMES DURING THE CON-
STRUCTION OF THE PROJECT; FURTHER URGING THAT THE FLORIDA
DEPARTMENT OF TRANSPORTATION, PURSUANT TO F.S.
119.07(1)(A) (COMMONLY KNOWN AS THE PUBLIC RECORDS LAW)
ORDER ITS PROJECT ENGINEER TO RECEIVE AND CONSIDER INPUT
FROM CITY STAFF AND THE AFFECTED MERCHANTS OR THEIR DESIG-
NATED REPRESENTATIVES SO AS TO AFFORD THEM THE OPPORTUNITY
TO EXAMINE THE PLANS AND SPECIFICATIONS FOR SAID PROJECT;
FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS
RESOLUTION TO THE WITHIN NAMED OFFICIALS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
1d 11i March 18, 1986
0
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
a Commissioner Rosario Kennedy
}` Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
y' Vice -Mayor Miller J. Dawkins
38. ACCEPT.COMPLETED WORK OF MIRA CONSTRUCTION INC. FOR ALLAPATTAH INDUSTRIAL
n
HIGHWAY IMPROVEMENT PHASE II BID B"
Mayor Suarez: Item 64, accepting completed work, Mira Construction Company.
h
"+
Mr. Plummer: Any one of the public wish to be heard?
::..'.:;.
Mayor Suarez: Anyone for or against the resolution accepting completed work,
4,
_t
item 64?
<'x
Mr. Plummer: Let the record reflect no one came forth. I move item 64.
Mayor Suarez: It has been moved. Do we have a second?
i
Mrs. Kennedy: Second.
' = 1
Mayor Suarez: Moved and seconded. Hearing no further discussion, please
call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-207
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MIRA CON-
STRUCTION, INC. AT A TOTAL COST OF $147,058.25 FOR
ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT PHASE II
(BID "B"); AUTHORIZING AN INCREASE IN MAY 2, 1985 CONTRACT
WITH MIRA CONSTRUCTION, INC. FOR SAID WORK IN THE NET
AMOUNT OF $3,089.03 AND AUTHORIZING A FINAL PAYMENT OF
$20,043.59.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
1d 112 March 18, 1986
39. ACCEPT COMPLETED WORK OF M. VILA AND ASSOCIATES INC. FOR EDISON HIGHWAY
IMPROVEMENT PHASE I BIDS "A" AND "C".
i
i
i
Mayor Suarez: Agenda item 65.
Mr. Plummer: Any one of the public wish to speak on item 65? Let the record
reflect no one came forth. I move item 65.
Mrs. Kennedy: Second.
Mayor Suarez: Item 65 has been moved and seconded. Further discussion from
the Commission, please call the roll.
"4
"y
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-208
A RESOLUTION ACCEPTING THE COMPLETED WORK OF M. VILA AND
ASSOCIATES, INC. AT A TOTAL COST OF $1,297,570.00 FOR
EDISON HIGHWAY IMPROVEMENT - PHASE I - BIDS "A" AND "C" IN
EDISON HIGHWAY IMPROVEMENT DISTRICT H-4494; AND AUTHORIZ-
ING A FINAL PAYMENT OF $129,757.00.
y
(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-
=`x
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
40. ACCEPT COMPLETED WORK OF P.N.M. CORP. FOR CITYWIDE HIGHWAY IMPROVEMENT
PHASE I.
Mayor Suarez: Agenda item 66.
Mr. Plummer: Anyone of the public wish to discuss item 66? Let the record
reflect no one came forth. I move item 66.
Mayor Suarez: It has been moved. Do we have a second?
Mrs. Kennedy: 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. 86-209
A RESOLUTION ACCEPTING THE COMPLETED WORK OF P.N.M. CORPO-
RATION AT A TOTAL COST OF $369,011.62 FOR CITY-WIDE HIGH-
WAY IMPROVEMENT - PHASE I; AND AUTHORIZING A FINAL PAYMENT
OF $38,878.69.
1d 113 March 18, 1986
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
41. ALLOCATE $3,100 FOR TICKETS FOR THE UNDERPRIVILEGED AND SENIOR CITIZENS
FOR GOLD-DIGGERS EVENT AT GUSMAN.
Mayor Suarez: Agenda item 71. You got a nice proclamation this morning, now
you are back!
Mr. Plummer: Mr. Mayor, let me, if I may, because this request came from my
office. Let me understand with this Commission, that I explained to these
people that there is presently a full policy of this Commission, in which
there is no funding for festivals. They have a point which I think is worthy
of consideration of this Commission if they wish to entertain - that is the,
that the amount of underprivileged children and senior citizens that they
bring in for these performances. In effect, what we would be doing is making
this available... City of Miami would be making available to underprivileged
children and senior citizens in which they would bus in for the amount
of ... what is the waiver?
Ms. Nancy Iliffe: S3,15O.
Mr. Plummer: Now, as far as a waiver, just to give a waiver, I told them that
even I would vote against. I think it is worthy of consideration that the
underprivileged children, and senior citizens have the opportunity to see
this, based on a $3,1O0 cultural activity. I then turn it back over to them,
because I came from my office, and I am the one that has been very hard nosed
about it, so I wanted to say why I brought it before the Commission.
Mayor Suarez: I have got a question on waivers. I share a lot of the con-
cerns of Commissioner Plummer, but I have a slightly different policy.
Supposing we were not going to have the Goldiggers there on the days in
question? Are we actually losing revenues from the use of the facilities? I
mean, is there any real opportunity cost, or we just saying that nothing would
have...
Mr. Plummer: Depends on how you figure it.
Mr. Odio: I would say no, but Roger Carlton could say...
Mr. Plummer: Well, that is robbing Peter to pay Paul, and the Olympia Build-
ing is tied in, and one subsidizes the other.
Mayor Suarez: Well, I was just thinking, for example, if it were the Orange
Bowl, and we had no other events happening, a lot of times you would like to
use it, and get some use out of it, even if you get no rental from it. Roger,
are they, as far as you know, interfering with things could be held on those
particular days that would make money for the City?
Mr. Roger Carlton; No, Mayor, we book events, as far as a year, to two years
in advance. This has been an ongoing event at Gusman for many, many years,
and has been before this Board in the past for these waivers because of their
good purposes. I suppose if a year ago, this event was not scheduled, we
would have pursued another one, but if this didn't happen in the next week or
two, we could not find another event, we would lose the revenue. There are
other revenues that come, sir, from concessions and the parking in City
garages and all sorts of things that are side benefits to this performance.
14 114 March 18, 1986
'.
Mr. Plummer: Well, for the record, I want it to be very clear that I will not
vote to give them a waiver. I will vote, and consider voting, the $3,100 of
.,...
the tickets for the underprivileged and senior citizens, so I make that on
the record.
�5k +
Mrs. Kennedy: I'd like to hear the presentation.
Ss `
Mayor Suarez: Let me ask you a question, as I always do. Does that motion
resolve your concern, if it passes?
-ti
Ms. Nancy Iliffe: Yes, that would be great, but I think you should listen to
this.
r;
it
Mayor Suarez: I don't think we should because I have told everyone, if that
results what you are concerned about and
Y , you keep talking, it might ruin the
whole thing.
Mrs. Kennedy: If you are happy, I am willing to second the motion, because I
think it is good.
Mayor Suarez: You can give us the rest in writing.
E,;"
Ms. Nancy Iliffe: OK. What we need is $3,100 to help defray the cost of this.
}
Mayor Suarez: That is what you are going to get.
a
Ms. Iliffe: OK, we are thrilled!
Mr. Plummer: You are going to lose mel Keep talking!
Mayor Suarez: You see what happens?
Ms. Iliffe: OK, can I read this?
Mr. Plummer: I am not giving you money for a waiver!
Ms. Iliffe: OK, I am not asking you for money for a waiver.
Mr. Plummer: I will bu y S3,100 worth of tickets.
Ms. Iliffe: We feel that we are not asking for funding, that we are asking to
waive a fee that you might otherwise collect. OK, well, I will take any way I
can get it.
Mayor Suarez: It has been moved and seconded. Has it been seconded, Commis-
sioner?
Mrs. Kennedy: Yes.
Mayor Suarez: Hearing no further discussion from the public, and from the
lady in yellow, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-210
A RESOLUTION ALLOCATING THE SUM OF $3,100 FROM SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO PURCHASE TICK-
ETS TO BE DISTRIBUTED AMONG THE UNDERPRIVILEGED AND THE
SENIOR CITIZENS FOR AN EVENT SPONSORED BY THE GOLD-DIG-
GERS, INC. AT GUSMAN CULTURAL CENTER ON MARCH 21. 23, 1986
(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 -
Id 115 March 18, 1986
it I
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
ON ROLL CALL:
Mr. Plummer: With the full understanding, as I stated it previous, the
answer is yes.
Mayor Suarez: Put your name on the record. I shouldn't refer to you as just
the lady in yellow.
Ms. Iliffe: OK, It is Nancy Iliffe.
Mr. Plummer: The mother of Marie.
Ms. Iliffe: And part time, Don.
Mr. Plummer: And part time of my daughter.
42. AUTHORIZE CUBAN MUNICIPALITIES FAIR CORP. TO HOLD CARNIVAL AT FLAGLER DOG
TRACK.
Mayor Suarez: Item 72, representatives of Cuban Municipalities Fair Corpora-
tion to request support for the Fourth Annual "Municipalities Fair". Mr.
Perdomo.
Mr. Desiderio Perdomo: Mr. Mayor and Commissioners, my name is Desiderio
Perdomo.
Mrs. Kennedy: Mr. Commissioners...
(COMMENTS IN SPANISH)
Mr. Perdomo: I'm sorry. The reason why I am here in front of you is to
request your support for our Fourth Annual Cuban Municipalities Fair. It is
going to be celebrated on the grounds of Flagler Dog Track, on April 10, 11,
12 and 13. We request from the City first, that this event, not to be count-
ed, one of the two allowed to the Flagler Dog Track every year, and second,
your support, and helping on the cause, some items, like Police, Fire Depart-
ment, mobile stage for shows, and the cost of thirty goods in the amount of
$1,000. We figure the total amount is approximately $6,000.
Mayor Suarez: Mr. City Manager, what did we do on this last year, if any-
thing?
Mr. Plummer: We gave them $35,000, I believe.
Mr. Perdomo: $35,000.
Mrs. Kennedy: Well, how did you arrive...
Mr. Plummer: Well, totaled out with Police, Fire, Sanitation, all of the
total, I think, came out..9 no, not last year. the year before.
Mr. Odio: No, we didn't give them anything last year.
Mr. Perdomo: No, we never got that amount of money.
Mr. Plummer; I'm telling you, you got a lot more.
Mr. Odio: ... what they got last year.
ld
116
March 18, 1986
Mr. Frank Castaneda: What they are requesting, that would be about $4.000 in
Police$ and about $1.000 in Fire, and "X" amount for permits, but it is around
$6,000.
.,
4.Mr. Odio: What did they get last year?
Mr.
Castaneda: I don't
have that figure.
r:
Mr.
Odio. They got $10,000,
and only
used $6,000.
Mayor Suarez. You got
$10,000, and
only used $6,000? Did the City Manager
get
the other $4,000 for
his personal
expenses?
Mr.
Odio: No, he didn't
spend it. I
wish! That is not a bad idea, though!
Mayor Suarez: Frank, what is the City's recommendation?
Mr. Odio: Let me
say this. We cannot recommend against your policy. Until
that policy remains
in place, we have to recommend no guns.
Mayor Suarez: That
is what I want to know, if it falls under the policy.
°_-
Mr. Odio: It is a
matter of... that is the problem. We recommend that they
do hold their fair,
and we cannot recommend against your policy.
Mr. Plummer: I will make a motion at this time to give them the waiver to
allow them to hold that festival, and I so move.
Mrs. Kennedy: Yes,
I second that.
Mayor Suarez: It has
been moved and seconded. Hearing no further discussion
from the Commission
on the issue of the waiver to hold the fair, please call
the roll.
The following
resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-211
A RESOLUTION AUTHORIZING THE CUBAN MUNICIPALITIES FAIR
CORPORATION TO HOLD A FOUR DAY CARNIVAL BEGINNING APRIL
10, 1986 AND ENDING APRIL 13, 1986 ON THE GROUNDS OF
FLAGLER DOG TRACK, 401 N.W. 38TH COURT, MIAMI, FLORIDA;
FURTHER DECLARING THAT SAID CARNIVAL SHALL NOT BE CONSID-
ERED AS ONE OF THE TWO ALLOWED EVENTS PER SITE PER YEAR
FOR ACTIVITIES OF THIS TYPE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mr. Plummer: When is that thing scheduled?
Mr. Perdomo: April loth through 13th.
Mr. Odio: April loth through the 13th.
Mr. Plummer: I would like to defer it to a full Commission on the 27th, the
remaining portion - the request for the in -kind services.
(COMMENTS IN SPANISH)
Id 117 March 18, 1986
Mr. Castaneda: April loth?
Mr. Plummer: No. March 27th.
Mr. Odio: March 27th.
Mr. Plummer: Other than that, you get a "no."
Mayor Suarez: I can't imagine that you would not agree with that, because
otherwise, you get an absolute flat "no." See, we have a standing policy...
Mr. Perdomo: I don't have any other choice.
Mayor Suarez: That is exactly the idea.
Mr. Plummer: That is called an offer you can't refuse.
Mayor Suarez: Now, see, there is a standing policy that is still abided by
the majority of this Commission. Not myself, necessarily - in fact, I am
against it, because I like to make some deviations in it, but that is the
standing policy, and it hasn't been changed, I don't think, in any case,
except possibly extraordinary situations like the one you just witnessed
before, so we just don't fund festivals, but...
Mr. Plummer: We did not waive that policy.
Mayor Suarez: Well, we purchased tickets. So, we have that policy and you
would need to get a majority of the Commission to change that policy, in
effect, and Commissioner Plummer, who wants to maintain that policy, is
suggesting that you come back, you might be able to...
Mr. Perdomo: What? No, the alternative, we have to come back.
Mayor Suarez: So, you are not going to refuse that, are you?
Mr. Perdomo: No, I don't.
Mayor Suarez: Because you don't have the votes here to do it, so...
Mr. Perdomo: We are rescheduled to the 27th.
Mayor Suarez: You have got the right to hold it, so far.
Mr. Plummer: You have got the right to hold it now.
Mr. Odio: Tiene derecho.
Mr. Perdomo: No, I don't want to hold it.
Mr. Odio: (COMMENTS IN SPANISH)
Mr. Perdomo: I know, March 27th, and concerning about the right to do the
fair is already approve no problem.
Mr. Plummer: That's approved.
Mr. Perdomo: We are talking about the second part.
Mr. Plummer: Exactly.
Mayor Suarez: In -kind services and...
Mr. Perdomo: The money situation. That is going to be discussed the 27th,
right?
Mayor Suarez: Right, if you want it.
Mr. Perdomo: Yes, sure I want it.
Mrs. Kennedy: You are talking about gambling.
ld
lie
March 18, 1986
Mr. Perdomo: We will meet on the 27th. Thank you.
Mayor Suarez: Thank you, sir.
<* r NOTE FAR THE RECORD: AT THIS POINT, THE COMMISSION MADE BRIEF COMMENTS IN
r' CONNECTION WITH THE FIREFIGHTERS LABOR UNION NEGOTIATIONS.
,i
NOTE FOR THE RECORD: AGENDA ITEM 73 WAS WITHDRAWN.
vT
--------------------------------------------------- ---------------------------
------------------------------------------------------------------------------
43. DISCUSSION BY DIVERSIFIED ECONOMIC DIRECTION INC. RE: USE OF BICENTENNI-
AL PARK.
-------------
Mayor Suarez: State your name and address for the record, sir.
Mr. Marcos Alcayaga: My name is Marcos Alcayaga. I live at 555 N.E. 15th
Street, 23-B. I am president of Diversified Economic Direction, and Mr.
Mayor, Mrs. Kennedy, Mr. Plummer, we are here not to ask for money.
f.
Mr. Plummer: Pleasure.
Mrs. Kennedy: However...
Mr. Alcayaga: We are here in order to present to you a job. We were working
for almost two -and -one-half years in complete research. We are going to
provide the complete package and index on all the appendix according to the
study of the project. This type of project is a proposal for the development
of the Bicentennial Park. The purpose is to see Bicentennial Park utilized as
an international, educational, fair, to preserve important historical, cultur-
'.
al and natural aspects of our national heritage, and to maintain an environ-
mentsupports
which suand individual choices, to maximize utilization
PP diversity
of fixed community assets, to establish cultural awareness and exchange, to
=`
preserve and utilize the park as it was intended, while enhancing community
development, at the same time provide funds for those participants in this
community activity. Needs for the project - Miami, international gateway to
the Caribbean, Central and South America is the focal point in the U.S. for
much of the Hispanic population. It is a major cultural, sport, recreation
and educational center. Living in this international community are Miami Dade
Community College, America's number one community college; Florida Interns-
tional University, one of the leaders and top ranking in the hospital schools;
University of Miami, a top ranking school of business administration and
entrepreneurial entity.
Mayor Suarez: Let me interrupt you very quickly. Do you have any letters of
intent, or of interest from either the University of Miami, or F.I.U., or any
other...?
Mr. Alcayaga: At this moment, the only thing we are presenting to you is the
result of our research. We had not yet, because we had a complete package to
present to the authority in each international, education center. That is why
we are presenting to you, because after practically almost six months before
the Grand Prix was planning to move from the Bayfront Park to the Bicentennial
Park, so we were running against the time to finish our project, and the
presentation to the authorities, especially to you.
Mayor Suarez; The answers to my questions, now.
Mr. Alcayaga: In addition to this beneficial factor, Miami needs this inter-
national, educational fair, for many significant issues. Downtown Miami,
Id 119 March 18, 1986
i
urgently needs a program of activity to the boost economy, especially for the
hospitality industry and small business in general. Metro and people mover
transportation systems is requiring special attention in order to minimize
losses. Miami definitely needs to do something dramatic to get its various
ethnic groups in a major joint undertaking, one that will contribute to
#�
community harmony. Miami wishes to demonstrate to the world that its future
is secure in the commitment of its national government, and its local, politi-
cal and civic leaders, to the revitalization of this important area. Miami
and the United States government, more than ever today, needs to demonstrate
_•..:
their interest and commitment to a stronger tie with their Hispanic neighbors.
'N
The tourist tie is needed to promote many opportunities to the tourist in
y
Miami, one of the largest hospitality industries in this section in the world,
with emphasis in South Florida, with the hub of activity in downtown Miami.
To restore much of the faith of the travel industry and tourism in the Miami
area, because recent negative publicity dealing with crime, it is something
that must be done. Miami must become the courteous, friendly, city that
everyone wants to be. This permanent international educational fair would
provide many of the jobs needed as more and more Hispanics immigrate into the
Greater Miami area, creating more than 7,000 new jobs locally, and projecting
11,000 international per year. This project offers a real tangible result and
w.
it is needed to provide immediate job positions for the minorities, answering
to the needs of the community. Short range economic benefits will include a
booster of millions of dollars into the economy, setting a standard for years
to come, helping to build permanent to this infracture, our facilities for the
long range goal, and the conversion of unused land into a source of taxes for
the local government. This project offers the opportunity to participate in
°.
the program of the authority in the direction the City needs to travel.
Mayor Suarez: I am going to stop you right there, because basically, we
heard the purposes, and you have read pretty much from what we have got. I
suggest, because I don't think this Commission is going to take any action
of
whatsoever on this project, without a lot more background material... I
suggest you stop at this point and give us this to digest, and maybe get some
Y '
feedback, from the Commissioners individually by meeting with them. If you
r ,
ask for a motion right now, I am sure it would be to deny your entire project,
". :z
because we are not sure what it is. You know, we are not sure if you have any
support from the economic institutions that are talking here. It
you about
looks to me that you are trying to set up some bleachers there for some kind
of activity. It is not clear to me whether you have an educational type, or
a
a permanent trade exhibit, or what it is you want to do here...
Mr. Alcayaga: Exactly, now, we are...
Mayor Suarez:... and believe me, you are not going to get a favorable vote
today, so, I suggest you stop at this point, and meet with individual Commis-
sioners, and maybe further refine your proposal.
Mr. Alcayaga: Mr. Mayor, for the record, we only went two pages. We were
waiting almost two years and one-half to provide these research and we were
also...
Mayor Suarez: I have seen you at a lot of Commission hearings.
Mrs. Kennedy: Yes, let me just interject also, other than meeting you down
the hall and saying that he had something on the agenda. I personally have
never met you. I have no idea about your background, or the background of
this project, and I, for one, would definitely need more information before
me...
Mr. Alcayaga: Of course, I am going to provide all the information, immedi-
ately.
Mrs. Kennedy: And also, I think we should wait until we have an entire
Commission.
Mayor Suarez: We are going to want to see also... is this a for profit
company that you have got? Or is it not for profit?
Mr. Alcayaga: No, our corporation is a minority company, and we are working
in different places.
Mayor Suarez: Is it not for profit, or is it for profit?
14 120 March 18, 1986
Mr. Alcayaga: It is profit, but this project is not for profit. We were
j working on this project...
Mayor Suarez: See, that is probably why you need legal advice, and I am not
sure that would be a very good idea, to have a for profit company doing a not
for profit...
" '.. t 4Mr. Alcayaga: Just the research.
Mayor Suarez:...it
Y
would make no sense , to tell you the truth.
fir?;
h
Mr. Alcayaga:
It is the research just to provide to the .....
Mayor Suarez:
A lot of profit companies, you know, end up doing
not for
"•
profit things,
but not on purpose 1
{;
Mr. Alcayaga:
We are not charging for nothing. We are not asking for
money.
Mr. Plummer:
Could I ask you, sir... you say you started a minority
company
in Miami that
created 11,500 jobs. What is that company?
Mr. Alcayaga:
I would like to finish this, as just...
Mr. Plummer:
I just asked that one question. You state here that you estab-
lished a minority company in Miami, which created 11,500 jobs. What
is the
name of the company?
Mr. Alcayaga:
We are talking about the project, the research. The
project
will create...
Mrs. Kennedy:
It will create, you say...
Mr. Alcayaga: No, sir, in your resume... aren't you Marcus?
Mr. Alcayaga: Marcus Alcayaga.
Mr. Plummer: Yes, sir. Reading from your resume of who you are, in 1983,
that is three years ago, established a minority company in Miami projecting,
planning and presenting three specific projects through organizations, insti-
tutions and business corporations - one of the major projects created 11,500
new jobs!
What is the company?
Mr. Alcayaga: It is this one. It is our company.
Mr. Plummer: Which one?
Mr. Alcayaga: Diversified Economic Direction.
Mayor Suarez: He is saying that it would create, not that you created it,
that it would create.
Mrs. Kennedy: He has been working on it for three years, hasn't he?
Mr. Plummer: It says it was established in 1983. Have you provided jobs for
11,500?
Mr. Alcayaga: Mr. Plummer, this project can create, and that I have been
working for almost three years to present to the authorities in order to have
the approval to do something in the Bicentennial Park. Yes, I need a few more
minutes, that's it.
Mrs. Kennedy: One more page?
Mr. Alcayaga: The project send ... the values and the effective coordination of
the human and the material resource available to the international community
of Miami are paramount. This, in a voluntary form, but in a very well coordi-
nated program effort where the community at last, can develop and participate
in a permanent international fair. Furthermore, helping the authority to
establish and direct the basis, in order to confirm the reality of the loca-
tion and the In addition to the existing educational and
Id 121 March 18, 1986
recreational facilities, the Miami community at large and its local govern-
ment, can develop an immediate program, contemplate social, cultural, recre-
ational, sports and educational activities, which is needed in an urgent
aF' manner today to satisfy a growing community. Consequently$ establish a clear
' indication to all organized sectors of the community and directly to those non
profit organizations dealing with education and cultural activities, inviting
all countries, and people especially of the western hemisphere as guests in
Miami, working together with diversify an groups and contribute to community
g 8 Y Y 8 P Y
harmony; paying attention to the proper use and application of funds, human
and technological efforts, spending the minimal and producing the maximum in
terms of quantity, quality and time. Thus will be the least, the least
costly, if the...is really applied. When we continue this thing, work is here
and is now. The major...of international educational affairs. We believe that
a Bicentennial Park is the best place to bring life back to the City, setting
:.. :., a standard for the rest of the State. A City recreational facility permits
the use of the park for multiple purposes and for full capacity before and
after the Grand Prix, international established sports events. existing
parking facility F.E.C._site, linked by a special bus, Metrorail and monorail
sF. services our Bicentennial Park can be utilized, and all
existing parking facilities presently now being used around the area. A new
race track was built in the park, strategically located on the mainland and
can be used to set up three or four giant tents as a pavillion and provide
access to the public.
iy ,.
Mayor Suarez: Let me ask you a question, and interrupt you once again. Have
you met with Mr. Sanchez, the promoter of the race, to see what possible use
can be made of that race track? I've got a particular interest in it being
used, you know, when it is not being used for a race track, so people can
drive through it and at least, and get a view of the ocean, and otherwise
enjoy the park.
Mr. Alcayaga: That was the reason we were here before the Grand Prix, in
order to...
Mayor Suarez: That doesn't answer my question. Did you meet with Mr.
*;, • Sanchez?
Mr. Alcayaga: Yes, sir.
Mayor Suarez: Maybe you ought to get another letter of intent, of interest,
or whatever, from him, showing that he is interested in some of your ideas for
this park.
Mr. Alcayaga: Two more real estates for artistic and cultural activities
will be located - one close to the existing restaurant facility to
promote local talent and all different types of performing events.
Mayor Suarez: You understand we are going to have two - I believe a total of
two amphitheaters located in Bayfront Park.
Mr. Alcayaga: Exactly, but at this point...
Mayor Suarez: We are not going to have a total of three in that area, I will
tell you that.
Mr. Alcayaga: At this moment, we are specifically talking...today according
to the use of this park.
Mayor Suarez: I guess we are supposed to have two, but we have lost the
funding for one, so maybe...
Mr. Alcayaga: The one close to the existing restaurant facility can serve to
s promote local talent and all different types of performing events. The main
mobile stage will be allocated close to the baseball field where international
concerts and cultural events can be promoted open air., providing access to
more than 35,000 people respectively comfortable seating using small and
medium sized bleachers a series of or small or medium sized bleachers, permit-
ting always the use of the baseball field and coordinating activities when it
is permitted; a mini police station to provide safety conditions to the area,
and especially to the park will be allocated in one corner of the park and
close to Biscayne Boulevard Avenue. Mounted police and a small stable for
horses is suggested. Bayfront Park Development Project under construction
ld 1Z2 !larch 18, 1986
14,
i
4.
and adjacent to the F.B.C. site and marina, would permit to international
educational fair, be perfectly integrated into the total bayfront site and
design....
f
k
Mayor Suarez: That it air. We are going to limit you to that presentation
=,j =
that you have made so far. I don't know if you have caused me, but I really
`
don't have three Commissioners to act on this at this point. It is my hope
that if we get on another item. I can get Commissioner Kennedy to come out
V I �•4
here, so we can vote on it. Sir?
Mr. Al Slazer: My name is Al Slazer, and I am representing Miami Dade Commu-
nity College. Dr. Padron asked me to be here in his presence today, in his
"
place. Dr. Padron has met with these gentlemen briefly. They also met with
Cathy Siegler, or Dean of Administration, and he just wants to make public
';' x•`; .:M1
that we are not going along with this, and we are opposed to what their plan
was, as an academic institution.
Mayor Suarez: See, you really have your work cut out for you. You have got
to work on the economic institutions in question. You are going to also have
to present to the Commissioners a lot more background materials on yourself,
your company, your project, your funding, and so on before you can proceed
much further. We are not going to prevent you from making a presentation
like you have done today. I don't know how much time you have used up, and we
are certainly interested in any written materials. I am personally going to
answer your proposal and raise some objections to this, just to give you an
idea of the kinds of things that I would want to see, before I consider fur -
then your proposal, but you are not going to get very far today, so we are
going to limit you to the presentation that you have made so far. At least we
have an idea of what it is you are talking about, but you had better meet with
the Commissioners individually, and I will be happy to meet with you.
Mr. Alcayaga: Well, we were trying to meet with you separately, and also I
can show you how many business cards I have from the City of Miami at this
ti=s
moment, and also, we were presenting this project before the resolution to
move the racetrack from the bay front to the Bicentennial Park.
Mr. Plummer: Sir, can I ask you one question? You, or your company, individ-
`-s=<..',;.
ually, or collectively, what is your net worth?
Mr. Alcayaga: At this moment, we are working on two different projects......
Mr. Plummer: No, sirl... your personal net worth.
Mr. Alcayaga: My personal net worth is...
Mayor Suarez: Well, the company that would put together this project, what
sort of financing statement does it have?
Mr. Alcayaga: I can provide to you, with my attorney...
Mr. Plummer: No, I am asking you, is it $10,000,000, $20,000,000? What is
the net worth of the company that you represent?
Mr. Alcayaga: Maybe in the near future, yes.
Mr. Plummer: No. sir, no, no. I am not asking you to the penny. Approxi-
mately. what is the net worth of your company?
Mr. Alcayaga: Specifically, I cannot tell you, because at this moment, it is
a projection in terms of royalties.
Mr. Plummer: Of what?
Mr. Alcayaga: Royalties.
Mr. Plummer: Of royalties?
Mrs. Kennedy: Well, excluding the royalties.
Mr. Plummer:
net worth?
Excluding the royalties, that is on the income. What is your
1d 123 March 18, 1986
Mayor Suarez: Don't answer. I really recommend that you don't answer. Give
i us a financial statement when you get a chance, and that reminds me, seeing
Jim Dausch hiding back there, I don't have a financial statement yet, from the
Rouse Company of Maryland to guarantee the Bayside Project, and I would like
to see it, and I have asked for it more than once, so please get this to me
when you get a chance. They are the guarantors of that project. I'd like to
see a financial statement, and the same applies to you, sir. Do you have it
on you, Dave? How many pages is it?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: We've got it. I just haven't looked at it, then.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: My staff people are always trying to embarrass mel Thank you
for your presentation. We will be happy to meet with you personally and
individually, and make more recommendations to you on how you can proceed to
move your project along. What is the net worth? We will find it out. I want
to say it here in public until these guys leave. I will put them on ... back
them up against the wall a little bit. Came all the way down from Baltimore
just to embarrass me, right?
44. APPROVE ANN MARIE ADKER'S REQUEST TO USE WILLIAMS PARK FOR CARNIVAL.
Mayor Suarez: Item 75. Go ahead, Ann Marie.
Ms. Ann Marie Adker: Mayor and Commissioners, as you can see, I am requesting
Williams Park site as the joint -venture with the Amusement of America. It is
a carnival attraction and we want to use this as a fund raising activity that
f#": will help us toward some financial support needed when the Culmer Center
,R building is renovated. That is where the Overtown Economic Development
Corporation office will be moved. Now, you would notice that we went through
;.� the immediate area around the Williams Park, which is located on 17th Street,
from 5th to about 4th Avenue.
Mr. Plummer: Well, what is the problem?
Ms. Adker: Well, I was told that I would have to come before you in order to
get the Williams Park site.
Mrs. Kennedy: What are you asking for, Ann Marie, just the facility, just to
use the park as a fund raiser?
Ms. Adker: I just need the park. The joint -venture is that we have to provide
the site. Amusements of America does the rest.
Mr. Plummer: I don't know why you have to do that. Is there a provision in
there? It is just to allow them to use the park? You are going to have to
pay for it, whatever the fee is.
Ms. Adker: Wait a minute. I don't think I understood you.
Mr. Plummer: Oh, I couldn't have been any clearer.
Ms. Adker: You said you are going to charge a fee for the use of what is
supposed to be a public park?
Mr. Plummer: Yes, Ma'am. We do that on every public...
Ms. Adker: Oh, well then I came to ask you to waiver the fee.
Mrs. Kennedy: Well, how much money are we talking about?
Ms. Adker: I don't know.
Mr. Plummer: It is usually around $300 for the rental.
.d
124
March 18, 1986
Mayor Suarez: That is per day?
Mr. Plummer: It is in that neighborhood.
! Mayor Suarez: These contracts by amusement parks, I happen to have some
familiarity with them, and believe me, if they knew all they had to do is pay
$300 a day, and they could take all the proceeds beyond that, they would be
willing to pay that. The problem is, that you had better make sure that you
have a good, tight contract, that they don't take all the proceeds and leave
you with all the junk after they leave - you know, all the garbage and every-
thing else.
Mr. Albert Ruder: They are going to have mechanical rides. That will be one
of the two events.
Mr. Plummer: Yes, but the mechanical rides are inspection... That is an
inspection fee.
Mr. Jack Eads: Yes, that is an $80 fee.
Mr. Plummer: Yes, but what is the rental of the park? That is what I think
she wants to know.
Mayor Suarez: Have we ever used this one for an amusement park? Does anyone
remember...?
Mr. Plummer: Is this on 14th Street?
Ms. Adker: No, Williams Park is located on 17th. Gibson is from 14th back.
Mr. Plummer: Yes. Mr. Mayor, what she is asking is the approval to use the
park. I don't even know if it takes Commission action. It takes a check.
Ms. Susan McKay: You all have established a policy of not allowing carnival
rides in any park other than Watson Island. That is why she has to come here.
Mr. Plummer: Oh, yesl OK.
Mayor Suarez: Other than Watson Island? Is that based on my predecessor's
preference to having an amusement park on Watson Island?
Mr. Plummer: Yes, that was a preclude.
Ms. McKay: No, I think it was based on complaints from area residents about
the noise and the kind of people that travel along with carnivals.
Mr. Plummer: I will make a motion at this time for the approval for them to
use the park.
Mrs. Kennedy: We pay the fee?
Mr. Plummer: No, not to waive the fee. They have got to pay the fee, the
sanitation, the police, and whatever else is required. It is just like
everybody else.
Mayor Suarez: Make sure O.E.D.C., if they are going to use the park for this
purpose with this particular company, has carefully looked at all the contrac-
tual arrangements and get legal help, and I will be happy to help you with
getting legal help, because you can really get taken for a ride literally, to
use that expression.
Ms. Adker: We were all set to get the owner management, Mr. David Harrow with
us on the 13th, when we thought that you were supposed to meet on the 13th.
He isn't, he wasn't available to come today, so that he could explain to you
his part of the bargain, but I didn't really didn't know we had... this is
my..* you know, the more I deal with this City, the more I find out. Now, I
have been running festivals in Gibson Park for a number of years, and I never
knew you charged a fee...
Mayor Suarez: Never any...
Ms. Adker; ... for the use of parks in my neighborhood.
ld
125
March 180 1906
Mayor Suarez: Never any carnival rides, though. I've never seen any carnival
rides there in Gibson Park.
Ms. Adker: We have had them for children... children rides.
Mayor Suarez: Anyhow, that apparently does not seem to be an impediment.
Mr. Plummer: I move that they be allowed to use it for a carnival.
Mrs. Kennedy: I second.
Mayor Suarez: It has been moved and seconded. Any further discussion from
the Commission? Item under discussion - what about liability on something
like this?
Mr. Plummer: The policy is attached here, Mr. Mayor.
Mayor Suarez: Madam City Attorney?
Mr. Plummer: They also have to have all of the rides inspected by the mechan-
ical division of the Building Department. That is normal.
Mayor Suarez: What sort of a liability insurance policy would satisfy us on
something like this, having just gone through the Grand Prix situation.
Ms. Adker: That is already posted with the City.
Mayor Suarez: No, no. I just wanted to know if we had any policy for setting
a liability limit on something like this, on the insurance policy, and what
company must insure, too.
Mrs. Dougherty: They have Allied Specialty Insurance Company, with a
$1,000,000 policy, and a $9,000,000 in excess policy.
Mr. Plummer: Wowl They are the ones that put on most of the carnivals around
here anyway.
Mayor Suarez: If we were going to have a carnival on one of these parks,
would we look carefully at the insurance contract?
Mrs. Dougherty: The Risk Management Division always has to approve every
contract.
Mayor Suarez: I would like to make that an amendment to the motion, so we
know for sure the company exists, that the company has the, you know, capabil-
ity, that is approved by the State of Florida Controller's Office, etc.,
etc. - all the other things, I am sure that we look at.
Mr. Eads: Yes, sir, Mr. Mayor, and also we would inspect the rides prior to
them being allowed to do it. That is part of the application process.
Mayor Suarez: Do you accept those amendments, Commissioner?
Mrs. Kennedy: Maker of the motion?
Mr. Plummer: Oh, yes, sure.
Mayor Suarez: OK, moved...
Mr. Plummer: Well, it is part of the ordinance presently, Mr. Mayor.
Mayor Suarez: It has been moved and seconded.
sion, please call the roll.
Hearing no further discus -
Id
126
March 18, 1986
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-212
A MOTION APPROVING A REQUEST RECEIVED FROM ANN MARIE ADKER
SEEKING PERMISSION TO USE WILLIAMS PARK FOR THE HOLDING OF
A CARNIVAL; FURTHER INSTRUCTING THE ADMINISTRATION TO
ASCERTAIN THAT THE COMPANY INVOLVED IS A BONA FIDE ORGANI-
ZATION ETC. AND THAT ALL OTHER CITY REQUIREMENTS HAVE BEEN
MET.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
NOTE FOR THE RECORD: AGENDA ITEM 76 WAS DEFERRED.
45. COMMENTS REGARDING FIRING OF CHIEF HARMS.
Mayor Suarez: Agenda item 77.
Ms. Carolyn Jones: My name is Carolyn Jones. My address is 6530 N. W. 15th
Avenue. I am from the Miami Info. It is owned and operated by me. I wish to
discuss the Kenneth Harms firing. It has been a long, drawn out event, the
issue of former City of Miami Police Chief Kenneth Harms vs. former City of
Miami Manager, Howard V. Gary, and issue that has pitted Blacks against
Whites and Whites against Blacks, repeatedly. It has also been perceived by
me that the statements which I am about to present here today will be anything
but welcomed by some who are present here today. In fact, I am prepared for
the challenge, if presented. Today, I speak the truth. How the truth will
be accepted and viewed by those who hear it is not within my control. I do
not know that there are certain... I do know that there are some who have a
self-interest, that are fully aware of my intent today, and would seek to
disrupt, scrutinize, and if possible, discredit. The choice is theirs. The
fact is, what I have to offer is only a small entity to a very large puzzle,; a
puzzle which I think should be clarified. My concern has been a continuous
one on the issue, one that as a citizen, and because I cannot help but believe
that the answer is very important to the future status of this entire communi-
ty. Even more so, because I was present the night a phone call was mede
concerning Chief Kenneth Harms. _Between the hours of 12:00 midnight and 6:00
a.m. on January 27, 1984, I was with a now retired City of Miami police
officer, Major George Adams. I can only refer to you, since you are not legal
authorities, my part of the entity. During that time a phone call was made,
approximately 12:20 a.m. From my end of the conversation, held by Adams,
went, "Nancy, is Miller there? When he gets in, have him to call me. It is a
matter of great importance." I was told that that call was placed to Miller
Dawkins. Some time after 1:00 a.m., the phone rang. On my end of the conver-
sation, went, "You had better get to Howard and tell him that Harms is going
to have his neck by morning. He is planning to come out with some stuff on
him.% .. end of conversation. Some time later, the phone rings. I was told
after the conversation was over, that Harms was gone, The need to know the
reason why Harms was gone, did not just start repeatedly to and fro. I have
here four issues - repeatedly, I have put the question to the community and to
you all to look and search for the answers. If you want the documentation - I
do not have copies - your staff can make them. I can present them to you.
The question has been put forth - the issue has been used as a means to create
ld 1 V March 10, 1986
A..
1 Y
anti -reactions between Blacks and Whites, and still no one has attempted to
defuse the matter in reference to the best interest of this community.
However, you are not the first to hear the statement about to be given, or
which has been given. For self-interest and decision making, I have shared
with notable individuals in the community - men of the cloth, the clergy. It
was shared sometime ago, to responsible people, who helped me to make a
decision - one that was very hard on me. As I stated, the person that I have
mentioned. I have great concern for, and I did not want to be hurt; however,
it was your concern, and should have been handled. Once before I brought an
issue of great relevance to the forefront, only to be scrutinized for reveal-
ing the truth. The City's failure to monitor and supervise funds given to
agencies and individuals, for the purpose of servicing the poor, underprivi-
leged and those who depend on a system that will serve all concerned, fairly.
The Les Brown case, has still, to my knowledge, been left to linger. As I
questioned for accountability then, I ask for it now it now in the Harms case.
As I stand here today, I do not offer an apology for my delay, instead I
question your delay in the matter! Each time I have stepped forward to
inquire about it and tell the truth, big wheels are put into motion and I am
scrutinized and punished by those who are guilty of the misconduct themselves.
Today, I stand before you once more. I have given you all that I have to
offer. What you do with it is now put before the entire community. I am, and
will be available to any reputable source, as long as it relates to the
specific knowledge, and nothing more that I have to give.
Mrs. Kennedy: Ms. Jones.
Ms. Jones: Yes, Ma'am.
Mrs. Kennedy: You have a new City Commission in front of you. Two of us were
not even there. Why are you bringing all of this up, now?
Ms. Jones: Listen, you are still responsible) And let me say this to you...
wait, wait a second 1 Wait a second. I am sorry that you have to take the
roll on. I am sorry that you have to take the roll on, but it is your roll.
I have presented what I have to present as a citizen to you. I can do no
more. The concern is now yours. I am not scrutinizing you. I am only
telling you that it is now yours. It is not an entirely new course. You and
you are new. It has been put before you time and time again. I will give you
a copy of info that has been circulated repeatedly. Repeatedly I have asked,
and I will give you the copy if If you read here, you will see, this was
here after you were elected. Even in here, the question is put. As I said to
you, repeatedly I have come forth, and I have been scrutinized, but never in
one incident have you been able to prove me wrong. Documentations in here
said, that I asked for accountability. When I ask for accountability at
Northwestern, the auditorium was full of senior citizens in the Les Brown
case. It came to be everything but accountability, and I am still saying that
the City and the State Attorney is still accountable, because they did not
pursue this case to the best interests of this community. That is all I have
to present... if you have questions?
Mayor Suarez: And because the parties in question chose to settle it and take
monetary compensation.
Ms. Jones: However, I am saying that the question was put forth from the
community and the community... and I am only speaking in the interest of the
community. You cannot close shop jobs.
Mayor Suarez: We assume that when you come to speak before us.
Ms. Jones: That is all.
Mayor Suarez: Thank you. Carolyn, thank you.
I= FOR TU RECORD: No one showed for agenda item 79.
1.4 128 March 18, 1986
A K
46. SCRIVENER'S ERROR AFFECTING 2601 S.W. 28TH STREET
Mrs. Kennedy: Move agenda item 33.
Mayor Suarez: OK, item 33 has been moved - Commissioner Kennedy.
Mrs. Kennedy: I move 33.
Mr. Plummer: Well, wait a minute. I've got to see what the hell it is. Oh,
yes, I second it.
Mayor Suarez: Moved and seconded. Hearing no further discussion from the
Commission, please call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CORRECTING SCRIVENER'S ERROR AFFECTING PROPERTY
LOCATED APPROXIMATELY 2601 S.W. 28TH STREET, MIAMI,
FLORIDA BY INCLUDING THE APPLICATION OF THE SPI-3
COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT OMITTED
IN ORDINANCE NO. 10074, JANUARY 23, 1986; AND CONFIRM-
ING ITS REZONING FROM RS-2/2 ONE FAMILY DETACHED
RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL AND
APPLYING THE SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY
DISTRICT ORDAINED BY ORDINANCE NO. 10074, JANUARY 23,
1986; MAKING FINDINGS AND MAKING ALL THE NECESSARY
CHANGES ON PAGE 43 OF SAID ZONING PAGE NO. 43 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 3,
SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer and passed on its first reading by title by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission and
to the public.
47. DEFERRAL OF ACQUISITION BY PURCHASE OR CONDEMNATION OF LAND AT 37 GRAND
AVENUE.
Mayor Suarez: Item 34, authorizing acquisition of a parcel by condemnation.
Mrs. Kennedy: Do we have any comments from the Department of Off -Street
Parking?
Mr. Roger Carlton: Yes, Ma'am, Mr. Mayor and members of the Commission. This
is a parcel located in the "Black Grove" area at Grand and Douglas. We've
attempted, based on appraisals, to negotiate with the property owners. City
Attorney's office has agreed to handle the condemnation. The Off -Street
Parking board has agreed to fund the cost of the project, so that we can get
about the job of trying to provide parking in that area.
14 129 March 189 1946
Mr. Plummer: Roger, the question is going to be raised - I don't know where
Janet is. You are asking us here to accept or ratify in a concept. Yet,
there is nothing before this Commission to tell us how high the structures are
going to be.
Mr. Carlton: Commissioner, a different item. You are on 34 right now.
Mr. Plummer: Are we speaking about the Grove Playhouse?
Mr. Carlton: No, sir. This is a parking lot in the Black Grove area.
Mrs. Kennedy: 37 Grand Avenue.
Mr. Plummer: Oh, I am sorry.
Mayor Suarez: As long as we are clarifying, is your basic intention to just
put a parking lot there?
Mr. Carlton: At this time to have that available as a public piece of proper-
ty, if something happens in the future, but right now it is a parking lot.
Mayor Suarez: Is this the one where the negotiations broke down at some
points.
Mr. Carlton: Yes, sir.
Mr. Plummer: Who owns the property now?
Mr. Carlton: A fellow by the name of Irwin Futerfas.
Mr. Plummer: OK, the question that I have is, is that going to be metered
parking?
Mr. Carlton: Yes, sir, that is the proposal, and with...
Mr. Plummer: Do you feel that that would be used?
Mr. Carlton: Yes, sir, because of the G.U.T.S. project, which is diagonally
across the intersection, which, we believe will be successful and...
Mr. Plummer: My concern, Roger, you are taking a piece of property of the
tax rolls.
Mr. Carlton It is a valid concern, sir, but I think...
Mr. Plummer: I sure hope sot
Mr. Carlton:...there is a parking need there.
Mayor Suarez: What happens if the G.U.T.S. project doesn't go through? What
is all this parking going to be used for?
Mr. Carlton: There is redevelopment in that neighborhood. I think David
Alexander is here, who is in charge of that economic development. He can help
you with that better than I.
Mayor Suarez: Do you feel that parking lots, or parking meters there in the
area is helpful, or needed, or conducive to something worthwhile?
Mr. David Alexander; Yes, Mr. Mayor. As you know, we are in the process of
trying to redevelop Grand and Douglas, and the surface parking for the area is
very limited. It is very congested at the time. We have been working with
the Parking Authority for close to three years now on this project, and...
Mr. Plummer: What about leasing it?
Mr. Carlton: Mr. Futerfas is a difficult individual with whom to negotiate.
We felt we gave him a reasonable offer based upon appraisal. He agreed to it
at one point. and then when the documents were prepared, he declined to
accept the offer he had verbally committed to, so. that leaves us the option
of condemnation.
Id 130 March 18, 1906
Mrs. Dougherty: Mr. Mayor, please let the record reflect that we are deleting
in the title and in the body, the reference to the street address of the
property, since it is incorrect, and therefore the only thing in the legal
description, which is attached is what remains.
Mr. Plummer: Mr. Mayor, I move this item be deferred. I'd like to go look at
it.
="y Mrs. Kennedy: I second that.
Mr. Plummer: I just can't imagine that, that location that metered parking
is going to be used - Douglas and Grand.
'r
Mr. Alexander: Excuse me, Mr. Plummer. One of the things that is
really
&d'
attractive for the community about the project is that the Off -Street
Parking
Department has pledged to provide certain concrete structures that would be
'_>•`{_3
used for the marketing of fresh flowers, fruits, and a farmer's market
at the
y.
area we...
Mr. Plummer: Yes, that is fine. OK, I hear you. I hear that.
Mr. Alexander: That would be in the edge of the lot, and behind that.
Mr. Plummer: But, we are probably getting about $3, 500 a year taxes
out of
that place. Now, he is going to get all the revenue, and we are going
to get
.;
nothing.
Mayor Suarez: What you just said sounds a heck of a lot more interesting to
me than a parking lot over there, to tell you the truth, Dave.
"Ff Mr. Alexander: The fact of the matter is, sir, when we first started the
negotiation process, we wanted to buy this lot for development for the C.D.C.
>; We didn't have available funds at the time to purchase the lot. We struck an
+x agreement with the Parking Authority to take the lot into their possession,
and in the future when a development process was called for at the site, that
~z" we would then work with the Off -Street Parking to build on the site, so we are
trying to levy here for parking to attract trade that doesn't come there now,
because there is no safe facility, and readily visible facility for parking.
In addition...
Mr. Carlton: J. L., we would agree with the deferral to your next meeting, to
be able to take you into the neighborhood and let you see what we are talking
about.
Mr. Plummer: I'd like to go see it.
Mr. Alexander: Absolutely.
Mayor Suarez: Also, maybe you ought to come, at least from my perspective,
with the exact mixed use that would eventually be proposed for the site,
something a little bit more than just making that corner into parking. I
mean, I just can't see it.
Mr. Alexander: Beautiful, we would like to do that, Mr. Mayor.
Mayor Suarez: Yes, and I am going to look at the area carefully, too.
Mr. Plummer: That is 3710, right?
Mr. Alexander: Yes, sir. Vacant property.
Mayor Suarez: OK, motion to defer, it has been moved and seconded. Hearing
no further discussion from the•Commission, please call the roll.
MOTION TO DEFER. Upon being duly moved by Commissioner
Plummer and seconded by Commissioner Kennedy, this item
was deferred by the following vote:
i.d 131
March 18, 1986
Af"'
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None,
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
48. CENTRUST TOWER LEASE AGREEMENT.
Mayor Suarez: Agenda item 34.1
Mrs. Dougherty: Yes, sir, Mr. Mayor, we are requesting that you approve the
resolution which approves the consent for the assignment on the air rights
lease for Centrust Tower, and also, a non -disturbance agreement for lessees,
and authorizing the City Manager to approve all the non -disturbance agreements
with the lessees in the future.
Mrs. Kennedy: I take it this is something that has been done in the past?
Mrs. Dougherty: In every lease that we enter into, we have these sorts of
agreements.
Mrs. Kennedy: So moved item 34.1.
Mr. Plummer: Well, second it for discussion.
Mayor Suarez: It has been moved and seconded for discussion. Commissioner.
Mr. Plummer: What air rights are we talking about here?
Mrs. Dougherty: Everything on top of the parking garage, at the Centrust
Towers, with the exception of the retail space, which is in a separate re-
lease.
Mr. Plummer: But, it is no further air rights than what is there presently?
Mrs. Dougherty: No, that is correct. All they are doing is assigning their
present lease to a wholly owned subsidiary of theirs.
Mr. Plummer: Do you recommend it?
Mrs. Dougherty: Yes, sir.
Mr. Plummer: I'm finished.
Mayor Suarez: Moved and seconded. I have a question here to ask, out of
curiosity. Have we ever thought of having a mechanism where it doesn't have
to come back to the Commission for an assignment of this sort, delegating
authority to the City Manager to approve those?
Mrs. Dougherty: That is the second part of this agreement, to authorize him,
from now on, to approve.
Mayor Suarez: In that particular case?
Mrs. Dougherty: In this case, right here.
Mayor Suarez: OK, I'll not try to reform too many things too fast, I suppose,
but maybe in a lot these, it would seem to me that the Commission doesn't have
to look at, because we really don't know whether all the criteria for assign-
ment have been met, and so on. The City Manager should be able to do it on
his own. It has been moved and seconded. Hearing no further discussion from
the Commission, please call the roll.
14 132 March 10, 1986
w
AP
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
t RESOLUTION NO. 86-213
i
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, CONCERNING
THE CENTRUST TOWER LEASE OF AIR RIGHTS WHEREBY THE CITY
SHALL CONSENT TO THE ASSIGNMENT OF SAID LEASE TO C.P.
TOWER, LTD., A FLORIDA LIMITED PARTNERSHIP, AND WHEREBY
THE CITY SHALL ALSO PROVIDE A NONDISTURBANCE AGREEMENT TO
SAID SUCCESSOR TENANT, C.P. TOWER, LTD.; FURTHER AUTHORIZ-
ING THE CITY MANAGER, ON BEHALF OF THE CITY, TO PROVIDE
FUTURE NONDISTURBANCE AGREEMENT AT THE REQUEST OF SAID
SUCCESSOR TENANT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
49. DISCUSSION AND CONTINUATION OF HOUSE BILL PCB CA 5, TO PROVIDE PROTEC-
TION OF BISCAYNE BAY.
Mayor Suarez: Agenda item 35 was my item. I am told by Walter Pierce that
this may not be the appropriate time to support the legislation in question.
There are modifications being made that may be more acceptable, more favor-
able, etc., to us.
Mr. Walter Pierce: Yes, Mr. Mayor, as you know, I want to Tallahassee last
Wednesday to meet with the house staff, along with the City's lobbyist,
Marilyn Reed. There were some drastic changes made in the proposed bill at
that time. We just got the revised copy of it this morning. We have not yet
had an opportunity to review it, and as soon as we do, which we will do by
the end of the week, we will back in touch with you.
Mayor Suarez: Remember to avoid what almost happened with the D.D.A. indepen-
dent taxing district, where we ended up with no one on the House side to
sponsor it, at least, according to the present time table, except for Elaine
Bloom, who was just recently elected by special election, make sure that we
were within their schedules up there to get sponsors on both sides, or if it
has been sponsored already, then just to monitor, keep us advised as to what
is going on, Walter, so we can do lobbying at the right time.
Mr. Pierce: The bill itself, has actually not been filed yet. It has been
drafted by the House Committee on Community Affairs, Chairman Staff, in
concert with the Department of Environmental Regulations Resource Management
from Dade County, and we just got in on it lately.
Mayor Suarez: It was probably pre -filed.
Mr. Pierce: But we will continue to work... yes. No, I don't think it is
even pre -filed. It is not numbered, yet.
Mayor Suarez: Well, if it wasn't pre -filed, I don't know how they can still
be considered, unless it comes out of committee.
Id 133 March 18, 1986
Ms. Sandra Howard: Mr. Mayor, I am Sandra Howard with the Miami River Commit-
tee. My only concern is that this bill will be heard at the House Committee
j of Community Affairs hearing in the first week of April, and at that time,
they will decide whether or not to release it for the full House for the
1 session, and I would like, if we could to address this bill at the next
meeting of the
City Commission, so that you can make a determination on what your recommenda-
tion will be prior to...
Mayor Suarez: Well, at whatever meeting we take it up.
Ms. Howard: Right.
Mr. Pierce: Mr. Mayor, it is fully our intent to get it back to you as
quickly as possible.
Ms. Howard: Thank you.
50. BRIEF COMMENTS AND DEFERRAL OF PROGRAMS AT THE MIAMI SCOTTISH RITE TEMPLE
ASSOCIATION.
Mr. Plummer: Mr. Mayor, let me go on the record with item 36, because I want
to apologize to the Commission. I want to tell you exactly how this thing
came about, and I guess I have to take the blame. I received a call from
;y,Ka
Steve Clark's office, Mr. John McDermet, indicating to me that Mahi Shrine has
failed to file the necessary paperwork to in fact, claim a exemption from
taxation for this particular year. It was indicated to me at that time that
-_s
they were going to give that waiver to Mahi Shrine in behalf of the County,
and wanted to know, would the City, since we are a taxing agency, and they
- .4
were approaching the School Board, would we consider extending the same waiver
to allow them to file. I said if the County passes it, would indicate it is
{_
legal, and if they do pass it, send it to us, and we would then consider it.
Mr. Mayor, I am embarrassed by the way this has been put on the agenda, and
N
the way it was presented, because the minute I received it, I instructed my
f
.,r
staff to immediately proceed to the Administration. In no way, shape, or
sRf1
form, was it ever my intent to give a grant of money to a fraternal organize -
tion. What were instructed to be was going to be considered, is would we give
_.
a waiver to allow them to file for that exemption which they had failed to
.Yr ii
file for, and I am going back to these people and instruct them, that if that
is not what they are about, then I personally would not vote for it, so I want
to say to the Commission, this is not what was my intent, it was not what was
explained to me, and I apologize for it appearing on the Commission agenda as
it is today.
Mayor Suarez: Thank you, Commissioner.
51. BRIEF COMMENTS BY MAYOR SUAREZ ON ROUSE COMPANY'S FINANCIAL STATEMENTS.
Mayor Suarez: Jim Dausch, is David Weaver gone? The reason I asked, since he
handled negotiations with you, is that I have another comeback on our little
dispute. I have now had my Chief of Staff, who is a C.P.A. go over the
material sent on January 19, 1986. It does not contain the information that I
have been requesting. Mr. John Gilchrist, maybe, if you had incorporated the
financial statements referred to, and that are incorporated by reference, and
I don't have them, I might know the net worth of the company guaranteeing a
$127,000,000 project and our principal part but, he has gone through this, he
is a C.P.A. and he cannot figure out anything about the net worth of the
company, so we are still in a continuing saga of determining the financial
statement, and the financial worth of the company that guaranteed to the City
of Miami a $127.000,000 project and I am very concerned, not to say upset
about this, and I thought that you had won that battle.
Id 134 March 18, 1986
AN
----------- ----------------------------------------------------------- -- -
52. AMEND AGREEMENT WITH MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORP. DEAL-
ING WITH THEIR MORTGAGE.
------------- -
�,lµ=
Mayor Suarez: Agenda item 38.
T..
Mr. Frank Castaneda: This is an amendment to the contract with Martin Luther
King. Basically what is happening is that the insurance cost has risen
drastically from $5.000 to $24,000. The organization is suffering financial
difficulties. The County has agreed to defer their mortgage payment for this
particular year with the condition that the City does the same. That would
mean that we would be deferring the $12,000 of mortgage payments for this year
and that would be aid at the end of the mortgage,and basically.
py. it is a one
f
shot deal to try to get the them over the problem of the increasing insurance
a
cost being undertaken by the organization.
Mr. Plummer. Would you be rewriting the amortization?
Mr. Castaneda: The way that we are proposing, it, no. Basically, the
r•
$12.000 final payment will be paid as a lump sum at the end of the year, and
if that is what the City Commission wants to do, we will charge three percent
interest from this year to the end of the mortgage. The way that it is set up
y
is that the deferred interest payment will become due and payable when the
agreement matures, and the $12,000 will be due and payable when the contract
matures, not bearing interest at that time.
Mr. Plummer: When does it mature?
Y
Mr. Castaneda: I believe that matures in 15 years from when it was signed,
which is...
_
Mr. Plummer: What happens if they go into default?
Mr. Castaneda: I am sorry, the contract is a 20 y year contract, and they have
been in the contract for approximately three - three and one/half
PP Y years, so,
'r21z'
that would be 17 years from now.
Mr. Plummer: Before they would pay us the $12,000?
Mr. Castaneda: Right. That is correct.
Mr. Plummer: What happens if they go into default?
Mr. Castaneda: If they go into default, we have the fourth mortgage on this
property.
Mr. Plummer: Fourth?
Mr. Castaneda: Yes. This deal was not negotiated by met
Mr. Plummer: Is it only because there are no fifths, that we have the fourth?
Mr. Castaneda: No, the first mortgage is being held by the bank of Miami for
$250,000, and the second mortgage is being held by Dade County government for
$182,000, and the third mortgage is again held by Dade County for $69.000, and
we have a fourth mortgage of $400,000.
Mr. Plummer: We have the biggest amount of investment, and yet, we are in
fourth position!
Mr. Castaneda: That is correct.
Mrs. Kennedy; What happened to the art of negotiating for the City of Miami?
Mr. Castaneda: Our department did not negotiate that contract.
Mayor Suarez; What is worth to the property liened by these mortgages?
Mr. Castaneda; Well, it is $902,000, total mortgage on the property.
14 135 March 18, 1986
low
Mayor Suarez: Do you have any idea of the worth of the property?
Mr. Plummer: It also included a building down the street.
Mayor Suarez: Secured by all of these mortgages?
i Mr. Castaneda: I'm sorry?
i
Mayor Suarez: Do you have any idea of the worth of the property that is used
i to secure all of these mortgages?
Mr. Plummer: I will give you a guess that it is not worth $900,000.
Mr. Castaneda: I would assume it is worth somewhere about $600,000, at the
most.
Mr. Plummer: At the most $600,000, if that)
Mayor Suarez: If we defer the quarterly interest payments, what is the
obligation on a yearly basis then of the amount M.O.K.E.D.C.?
Mr. Castaneda: Well, what they pay for the first five years, only the inter—
est, which is $3,000 a quarter, or $12,000 a year.
Mayor Suarez: How many years does the mortgage have, running?
Mr. Plummer: Twenty.
Mr. Castaneda: It is 20 years.
Mayor Suarez: No, no. So far. You have got the first five years. How many
do we have left of those five years? Do they start paying principal after
those five years?
Mr. Castaneda: At the end of the five years, they start paying principal.
Mayor Suarez: How many years have they consumed, or used up?
Mr. Castaneda: The first payment was made January 1, 1983, to January 1,
1988.
Mr. Plummer: Are they current?
Mr. Castaneda: Yes, they are. They have never been late in payment,
Mayor Suarez: And then the principal payments become what after five years?
Mr. Castaneda: They jump up to $33,000.
Mayor Suarez: That includes interest, or just principal?
Mr. Castaneda: Principal and interest.
Mayor Suarez: And if we take out the interest, which is $12,000 a year, you
are saying, that would be about $21,000 in principal, which would be left,
right?
Mr. Castaneda: I am sorry, again?
Mayor Suarez: If you take out the $12,000 a year...
Mr. Castaneda: Yeah, no what we were requesting is to take out the $12,000
for this particular year.
Mayor Suarez: Oh, just one year?
Mr. Castaneda: Yes, sir.
Mayor Suarez: And put that at the end?
Mr. Castaneda: Right.
ld 136 March 18, 1986
i
Mayor Suarez: What is the Commission's pleasure?
Mr. Plummer: What happens if we don't do it?
Mr. Castaneda: Sam Mason is the director of the organization.
I Mr. Sam Mason: Mr. Mayor, Commissioners, what would happen - we have never
come to the City to ask them to support our project. We worked with it very
diligently. The monies that we make, we turn it back into the project and
back into the community. We have a clause in our memorandum of understanding
with the City to do that. What happened, we got a six day notice that our
policy would go up 460 percent. That is where the shock came in!
Mr. Plummer: Why?
Mr. Mason: Because they are showing the crisis that is going on around the
country.
Mr. Plummer: No, not 406 percent.
Mr. Mason: 460 percent from what we were paying.
Mr. Plummer: Excuse me, policies have been going up all over the City. My
policies went up 46 percent, not 460 percent. There has got to be a reason
that policy went and sky rocketed like that. Was there a reason for it?
There has to be some reason.
Mr. Mason: No, sir. We haven't had any accidents or anything done to the
property since we have been there. This is general practice. It has averaged
about 300 percent today. If we got 300 percent, maybe we would just deal with
it. Some of them are going up to 600, 700, 1,000 percent. I testified before
the Commission right here in these chambers.
Mr. Eads: Mr. Mason, have you tried to shop the insurance? Have you looked
for other locations?
Mr. Mason: We have shopped, we are shopping. We have shopped the whole
market. We have been working with the Commissioner's office in Tallahassee.
We have testified here. We have been working with all of the insurance
companies that we possibly could. It is something that is not happening
here, it is happening all over the country!
Mayor Suarez: Can we have that item audited? Can we get some report from the
City on that? Whether that could have been solved.....
Mr. Castaneda: On the insurance, or on the building?
Mayor Suarez: The insurance, just the insurance.
Mr. Eads: We could have our risk manager see, if we can be of some assistance
in that area, Mr. Mayor.
Mr. Plummer: You have made no claims?
Mr. Mason: No, nothing.
—� Mayor Suarez: Let me just say to... I think it is fairly clear, a couple of
years down the road, assuming they meet their payments in the meantime, they
will be having to pay some large amounts of money, at which point we'll see
about the viability of the project, because the funds that they got, were C.D.
funds. I presume, right? The C.O. - the entity that gets it C.D. funds from
the Federal government, they will never see their money, obviously, if they
default. I don't see what we have accomplished by not allowing the postpone-
ment, but we should check to see that their costs are validly incurred and
that this insurance really went up by 460 percent. That sounds awfully high!
Mr. Mason: Well., the records are there. We testified right in this office.
Mayor Suarez: Oh, I don't doubt that you paid it, Sam, I don't doubt that you
paid it, but maybe that you could have negotiated a little bit better. It
sounds awfully...
1d 137 March 18, 1986
Mr. Mason: We only got six days notice.
Mayor Suarez: No claims, experiences that were negative, I mean, no problems
with any claims?
Mr. Masan: None whatsoever!
Mayor Suarez: Well, anyhow, we can defer the item if the Commission wants to
wait to hear on that point.
Mr. Plummer: Well, let me just tell you what scares mel You know, I am
assuming whatever they are doing, they are going to be doing in the way of
business. Now, if the only thing they are obligated for, for the first five
years is $12,000 of interest, and on the fifth year, which is a year and one-
half away, they are going to jump up to payments annually of $33,000, how in
the hell are they going to make it?
Mr. Castaneda: The problem is...
Mr. Plummer: If they can't pay $12,000, I want to know how they are going to
pay $33,000.
Mr. Castaneda: The problem that this building has had from its very concep-
tion, was that the building was started, with, I believe, about 50 percent or
40 percent occupancy.
Mr. Mason: Definitely.
Mr. Castaneda: There is a whole section on the building that had never been
put into conditions, that they could be rented out.
Mr. Plummer: Yes, but they have had three and one-half years to do itl
Mr. Castaneda: I know that.
Mr. Plummer: OK, I am saying, if they are having a problem today because they
can't pay the $12,000, in a year and one-half, when the other kicks in, where
in God's name are they going to pay $33,000?
Mr. Castaneda: Our department has been working with them in order to try to
convert...
Mr. Plummer: You ain't been working very hard!
Mr. Castaneda: Well, our department has been involved with this project for
less than a year. We have been working with them to try to get a restaurant
in the building to occupy the other place. That is the only way that you are
going to be able to get rent up, you know, to make the payments.
Mrs. Kennedy: Sam, do you have any thoughts on that?
Mr. Mason: Commissioner Plummer...
Mr. Plummer: Yes, sir.
Mr. Mason: In the three years that we have had the building, we took the
building with no operating money, no nothing, just took a building. We have
never missed a payment to any mortgage, or anything. We have kept our build-
ing, we have improved the building. We have put more into it. We have
improved the rental.. This was a shock of the $25.000. We have, in our
Memorandum of Understanding, we can't carry but $20.000 in escrow. We have
to put that money back into the community. That is written into the Memoran-
dum of Understanding, so you can't go with so much, and you can't have but so
much in there. We didn't anticipate this. If this wouldn't have happened, we
would have never been down here. We have never been down before, asking the
City for anything to help with our project. Our project has been... we have
been able to manage our bills. That is all we are saying. We are not asking
for a grant or anything. We are asking just to defer.
Mr, Plummer; I understand. What is the County willing to do, if the City
does what?
ld 138 March 18, 1986
Mr. Castaneda: The same thing. They are deferring an equal amount of their
mortgage payment. Remember, they have the second and third mortgage, and they
_
are deferring an equal amount of $12,000 of their mortgage payment.
Mr. Plummer: I move item 38.
Mrs. Kennedy: I tell you because your record of what you give to the communi-
ty, I am going to second it.
Mr. Mason: As I said to the Commission, we allow the community to use uptown
City Hall rent free. We don't charge anyone for anything. Today we have a
tenant that the City has given us, that we are letting rent - free, that is
Martin Luther King Parade Association. That is $600 a month that we would be
getting, for free, and all these things, when they ask upon us to do anything,
we have never said "no," but we are only asking for this, and that is all. We
have never asked for nothing for our building, because we are making it pay
off, and we are very proud of it.
Mrs. Kennedy: And we are of you.
Mayor Suarez: Hearing no further discussion, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-214
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND, IN A
FORM SATISFACTORY TO THE CITY ATTORNEY, THE MEMORANDUM OF
AGREEMENT DATED SEPTEMBER 13, 1982, BETWEEN THE CITY OF
MIAMI AND THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION (MLKEDC) DEFERRING ITS QUARTERLY INTEREST
PAYMENTS OF THREE THOUSAND DOLLARS ($3,000) AS REQUIRED BY
THE CITY'S LOAN AGREEMENT WITH MLKEDC UNTIL MORTGAGE NOTE
MATURES; FURTHER AUTHORIZING MLKEDC TO APPLY THE 1986
INTEREST PAYMENTS TO ITS INSURANCE PREMIUM ON THE LINCOLN
SQUARE OFFICE COMPLEX.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
ON ROLL CALL:
Mr. Plummer: With the proviso that I would like to know more about the 460
percent increase, I am going to vote yes.
Id 139 March 18, 1986
i
53. DISCUSSION AND DEFERRAL OF AFFORDABLE RENTAL HOUSING IN MELROSE NURSERY
SITE.
Mayor Suarez: Item 39, rejecting the proposals on the Melrose Park property -
Er,.
presumably, so we can get our fees out again, is that the idea, Herb?
�.. Al
Mr. Herbert Bailey: Yes, Mr. Mayor. Last year the award was made to Related
Housing to develop the Melrose site and the Convention Center site. At the
time the award was made, they discovered that they needed an additional
'
$2,000,000. We reviewed the possibility of lending them the 2,000,0 an
}`
we found it would be a conflict and it would have been a serious deviation
from the original proposal and the County Attorney ruled against it. We
informed Related Housing, and they indicated they could not do this develop-
ment without an additional $2,000,000, so we sent them a letter giving them 30
days, based on the letter, accepting the rejection. We feel that it is
important that the Commission pass a resolution rejecting the proposal so that
we can go with the alternative methods of developing that site.
*S
Mayor Suarez: I'm sorry missed it. What was Related Housing's response to
our...?
=.:.?'.
Mr. Bailey: Their response was that they could not proceed with the develop-
;
ment because of miscalculations in the development costs, and we could not
provide them with the $2,000,000, so they accepted the rejection.
rya
Mayor Suarez: Are they at this particular point opposed to canceling the...?
Mr. Bailey: No, they are not opposed. We have it in writing.
N
Mayor Suarez: ... And reopening? OK. This is a good time, too, because of the
interest rates to do something with that property. That would be fantastic.
Mr. Plummer: Could I see a copy of the Letter, please?
Mr. Bailey: Commissioner, it is not in the packet.
Mr. Plummer: Is there anyone here on behalf of Related Housing? Al, you are
not representing...?
Mr. Bailey: Now the correspondence between the County and the City in
Related Housing we do have, and we did meet with the County Attorney and the
City Attorney►. We did correspond. The Manager sent a letter rejecting the
application. We do not have a copy of the letter in this packet, sir.
Mr. Plummer: I don't have a copy of
Mr. Bailey: It is not there.
to letter. I'd like to see the letter.
Mayor Suarez: Can you find one and we just postpone the item for 15, 20
minutes? Someone should have one in the building.
Mr. Bailey: We can get a letter for you.
Mayor Suarez: I presume Commissioner Plummer is not going to vote for this
item until we get that, so... and I want to see the wording myself. Commis-
sioner Kennedy, anything further on this item?
Mrs. Kennedy: No, not on this.
Mayor Suarez: We are going to postpone it for a few minutes. Hopefully, we
can find the letter.
AT THIS POINT THIS ISSUE WAS TEMPORARILY DEFERRED.
I
6
!larch 18, 1986
54. DEFERRAL OF DONATION TO F.I.U. SPACE AT CITY MUNICIPAL JUSTICE BUILDING
FOR BIOMEDICAL RESEARCH INNOVATION CENTER.
Mayor Suarez: Agenda item 41. This is the F.I.U. campus lease, the Biomedi-
cal Research Center.
Mr. Plummer: Is there anyone here... Mr. Mayor, you know what this is for
now? I am assuming, you know, this is where the former administration (I
voted against it) is proposing to give away the old police station for a `
Biomedical Research Center. And Commissioner, as I recall, please don't hold
me to this, Commissioner Carollo and I were opposed to giving away approxi-
mately $5,000,000 worth of City property, but the matter did pass, and what
was said in favor... is there anyone here representing the University?... that
this would bring in tremendous research and manufacturing into this community,
if this center was established.
Mrs. Kennedy: We are talking about S5,000,000?
Mr. Plummer: Well, they are talking about, as I understand what is before us
today, that we allow them a portion of it to be used as office space.
Mrs. Kennedy: How many square feet do they need?
Mr. Plummer: It doesn't state. How many square feet - the Biomedical Re-
search?
Mr. Gilchrist: Approximately 2,000 square feet at this time.
Mayor Suarez: It is for five years, John, is that...?
Mr. Gilchrist: Yes, sir, with a clause in there that either party can cause
it to be cancelled on 180 - day notice.
Mr. Plummer: Do we have presently 2,000 square feet available?
Mrs. Kennedy: Yes, that is what I was going to ask. Do we have it in any
other place, that we can give enough for $5,000,000.
Mayor Suarez: Yes, you had better explain to us. It sounds like it just sort
of a way for them to get started on this project, really. 2,000 square feet
is...
Mr. Gilchrist: This is a way for them to test whether it works and it is on a
site which the City earlier made a commitment for them to operate. It is
currently occupied by Art Mullins and the Purchasing Department, which is
moving into G.S.A. and they are vacating this space, so the space will be
vacant within a month's time. The City earlier made the commitment to give
them space in this building, but had never designated where, and going back
into the history of that, at one point in time, it was suggested that the City
would give them this entire site. We got appraisals and found that it was
worth $7,000,000 to $8,000,000, asked them to match those funds. They were
unable to do that this time. They have a $500,000 grant from the State to
begin the work. It is a highly significant project to the City in terms of
economic development. They are in an area which is rich in this area. and
what they are looking to do, is to incubate small businesses. They are not
going to do research themselves. They are going to work from research that is
developed in the industry in the Civic Center and the hospitals and by the
medical industry, and it is combined with F.I.U. and the University of Miami
is involved in it too.
Mrs. Kennedy: You know, what I don't understand is, we are talking about
something obviously very important to them. Why don't they have a representa-
tive here?
Mr.
Gilchrist: Well, they
did have a
representative here
earlier in the day,
and
I can't find him right
now, but if
you would like, the
Dean of Engineering
will
come here and be glad
to speak to
you.
ld
141
Larch 18, 1986
Mayor Suarez: Would you move that, Commissioner?
Mrs. Kennedy: Yes, move to defer.
Mayor Suarez: Motion to defer. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Hearing no further from the Commission, please call the roll.
NOTION TO DEFER. Upon motion duly made by Commissioner
Kennedy and seconded by Commissioner Plummer, this item
was deferred by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Suarez: You might tell them, John, and I have met with them, and I have
an idea of what it is that they are up to, and I understand it was sort of the
brainchild of my predecessor, that if the other Commissioners are not clear on
what it is they are planning to do there, they ought to meet with them and
lobby a little bit on behalf of this. I don't know if they are going to have
to comply with our lobbying...
Mrs. Kennedy: Nobody has approached me on this.
Mr. Gilchrist: I think that I may be at fault in that some .... in that I
thought that most of you were familiar with this.
Mayor Suarez: If we can cancel with 180 - day notice, I am somewhat relieved
that we can always decide to do something else with that property, but
still...
Mr. Gilchrist: I will tell you, your predecessor wanted to give the land to
them. Since I have been dealing with it, I have suggested that we try it out,
by donating to the University, the use of that space.
Mayor Suarez: 2,000 square feet for five years with 180 - day clause that
you can cancel anytime, just is not much compared to the $7,000,000.
Mr. Gilchrist: And if it gets off the ground, then we can address that
anywhere along the way, sir.
Mayor Suarez: It is a lot less than $7,000.000. That lease is not worth
anything with that clause in there, but maybe we ought to consider when
everyone has had a chance to be briefed on it, and when they are present, to
argue their case, because they could have gone down the drain here.
55. PURCHASE FIVE PARCELS OF LAND WITHIN THE S.E. OVERTOWN/PARKWEST REDEVEL-
OPMENT AREA.
Mayor Suarez: Agenda item 42.
Kr. Matthew Schwartz: Item 42 is requesting Commission approval for the
acquisition of five additional parcels for the S.E. Overtown/Park West
project. This was authorized in April of 1985 to submit offers to purchase
these properties. To date, we have closed, or are in the process of closing,
on 21 properties. These five properties almost complete the acquisition.
There are a few,.., other remaining parcels that we hope to wrap up.
Mayor Suarez: Matthew, do we have any signed and executed leases for any of
the parcels in Park West/Overtown?
14 142 Match 189 1906
F ,. e.
V1a
Mr. Schwartz: I believe last Commission meeting, the disposition agreement
with Indian River was approved by the City Commission, and it will be executed
in the next few weeks.
Mayor Suarez: I didn't look at it carefully. Was that actually a lease?
Mr. Schwartz: It is a lease agreement. It is a 99 - year lease.
Mayor Suarez: And that was included in our package. I have just sent a
memorandum asking for all the leases, so I guess I will get that one too, and
I will get a chance to look at in a package.
Mr. Schwartz: The way the City is proceeding on the S.E. Overtown/Park West
is when the developer has their financing ready, then we would enter into a
lease that would not bind the City...
Mayor Suarez: What are the typical terms? What period of time are we talking
about, and what?
Mr. Schwartz: Generally, the 99 year, and the rents vary depending upon the
project. What was proposed by the proposer when they made their original
submission to the City last April.
Mayor Suarez: Are they anywhere near market rates, the rental rates?
Mr. Schwartz: Not in the initial time period, but after five years, it begins
to kick in as the projects would become profitable to returns to the City...
Mayor Suarez: Is it tied to profitability, like Bayside?
Mr. Schwartz: Yes, close to the market.
Mayor Suarez: So, if they don't make any profit, we don't get much money, or
is there a bottom, or threshold?
Mr. Schwartz: I can provide you with a report, but there is a bottom in it.
Mayor Suarez: I sent out a memo asking the City Manager to have those provid-
ed, and if you would cooperate in getting that to me - I presume the other
Commissioners will want to start looking at them too.
Mr. Schwartz: Right. These parcels have been the most difficult to negotiate
to date and there is a slight difference. The others that we have brought in
at the appraised value. The property shown in pink are properties that we
have already closed on or we have contracts for, and including the properties
that we have today. We have been able to negotiate almost all the property.
There is a slight...
Mayor Suarez:
One other request. Can you reduce that and give me a copy of
that so I can have it handy for reference, please. Tell me it is in our
packagel
Mr. Schwartz:
No, that we didn't include, but we do have a summary sheet of
_
what we...
I
Mayor Suarez:
I would have been highly embarrassed! But, you are back, and
won the last
point, Mr. Weaver, sir. At least Jim Dausch is hiding back
there, so I know that its a partial victory.
Mr. Schwartz:
The negotiated settlements on parcel 37(e),(f) and (g) comes
out to Z percent over the appraised value, and that was through negotiations,
and on parcel
44(f), we had 3.4 percent over the negotiated value. The others
-
that we have brought in have been at appraised value. The reason for this is
that it would
be less expensive to settle this than to go to litigation on
-
condemnation,
where we would be responsible to pay the attorney's fees.
Mr. Plummer:
What about the appraisal?
Mr. Schwartz:
Excuse me?
Mr. Plummer: How close do they come to the appraisal?
ld
143
March 16, 1906
1
V
-
t
I
Mr. Schwartz:
OK, on
Spalding it is $2,400,000.
We are talking about a
A
difference of
$46,000
on $2,400,000, and on
44(f), which is Verde Capital,
which is one of the arena sites, on the arena
sites, of the $1,100,000, it is
a $31,000 difference.
Legal fees, I think
would be probably close to 10
percent by the
time we
finish in condemnation.
Mayor Suarez:
How did
Verde Capital acquire
that property? Do you have any
idea? Is that
by foreclosure of some sort, because they are a MESBIC, aren't
they?
Mrs. Kennedy: That is a MESBIC, yes.
Mr. Schwartz: Right, it was Overtown. They had some strange names of differ-
ent corporations over the years, and this property was sold a value a few
years ago, if close to this, and at a lower value .... there is a long history
on this property, but it is the MESBIC that we are buying it from, Verde
Capital.
Y
Mayor Suarez: Madam City Attorney, I have in the past represented Verde
Capital. My law firm might still be representing them. Can I vote on this?
Mrs. Dougherty: Is it you... I know that you had described to me the organi-
zation in your law firm, and therefore, you do not share profits.
Mayor Suarez: There haven't been any profits to share in the last couple of
years!
Mrs. Dougherty:... in the event that this corporation is still represented by
somebody in your office, would you share in those profits?
Mayor Suarez: No. Absolutely not. I don't invest with any clients, or
anyone else, for that matter. I only have draws, and that is it.
Mrs. Dougherty: And this corporation has never been a client of yours, an
ongoing client of yours, personally?
Mayor Suarez: No.
Mrs. Dougherty: Then you may vote.
Mr. Plummer: I move item 42.
Mayor Suarez: I am sorry, when you say yours, do you mean me or my part-
ners?... because they have been.....
Mrs. Dougherty: No, you, personally.
Mayor Suarez: No, no.
Mr. Plummer: I move item 42.
Mrs. Kennedy: I second.
Mayor Suarez: I have a motion and a second. 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. 86-215
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE FIVE
PARCELS OF LAND LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK
WEST REDEVELOPMENT AREA AT A NEGOTIATED VALUE WITH CLOSING
BONUSES SET AT THE RATE PREVIOUSLY ESTABLISHED BY THE CITY
COMMISSION; AND FURTHER AUTHORIZING THE CITY ATTORNEY TO
PROCEED TO CLOSE ON THESE PARCELS AFTER EXAMINATION OF THE
ABSTRACTS AND CONFIRMATION OF OPINIONS OF TITLE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
14 144
March 18, 1906
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 j
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Suarez: I hope you find a good use for all these properties you are
acquiring in Park West/Overtownl
Mrs. Kennedy: How many parcels just for my own information, have we pur-
chased?
Mr. Schwartz: After this resolution, 26. We have five to go. I think we are
probably are going to only end up in court with probably about three of them,
so,....and this is through negotiations.
56. ALLOCATE $1,000,000 TO BAYSIDE MINORITY FINANCING PROGRAM AS FINANCIAL
ASSISTANCE TO MINORITY ENTREPRENEURS.
Mayor Suarez: We are on agenda item 43.
Mr. Gilchrist: This item, we are requesting this City Commission to allocate
an amount not to exceed $1,000,000 as the City's contribution to the Bayside
Minority Financing Program. You may well know that the...
Mayor Suarez: Who exactly is getting the money, John? I mean, how can we
allocate money to a program?
Mr. Gilchrist: The money is to be part of an overall program and...
Mayor Suarez: Sort of earmarking it, but we have done that already! Now,
where is the money going to go?
Mr. Gilchrist: The money will go to, and I think Jim Dausch wants to answer
it as well, to gap financing for minority tenants and it will be, at this
time, is proposed to go through Miami Capital.
Mayor Suarez: Yes, I know all that. Oh, is that contained in the resolution?
Mr. Gilchrist: No, sir, that's Herb Bailey's recommendation, and I think that
is a separate issue, but it is proposed to...
Mayor Suarez: What are we doing in a resolution that we have not done al-
ready, if it simply says that we will allocate the $1,000,000?
Mr. Gilchrist: We have not appropriated the...
Mayor Suarez: We have not appropriated it? It is still sitting in the City
Treasury, someplace in a City account?
Mr. Gilchrist: Yes, it is in a series of accounts in Community....
Mayor Suarez: Then this resolution does not contemplate actually trans-
ferring the funds over to Miami Capital or to...?
Mr. Gilchrist: No, it makes the funds available as they would be drawn on.
Mayor Suarez: To Miami Capital, specifically?
Mr. Gilchrist: Ho, sir. It makes it to the... let me get the resolution for
one second.
14 145 Marsh 189 1986
■
Mayor Suarez:
For the program?
Mr. Gilchrist:
For the program.
Mayor Suarez:
I have no problem with it if that is all we are
doing, because
I know that the
money should be spent for that.
Mr. Gilchrist:
We are identifying the funds for that.
Mayor Suarez:
Because we have serious questions about Miami Capital, its
present structure,
the sickness of the Executive Director, etc.
etc.
Mr. Gilchrist%
Mr. Mayor, what we need, however, is.... the
County is pre-
pared to make
a like commitment.
Mr. Plummer:
Excuse me, what are you speaking on?
Mrs. Kennedy:
Miami Capital.
Mr. Gilchrist:
Item 43, it is the allocation of $1,000,000.
Mr. Plummer: That is fine. Now, let's talk about 43, OK? Assuming the City
of Miami puts up the $1,000,000 from the sources herein identified. Who is
going to control those monies of where they are going?
Mr. Gilchrist: I would like Mr. Dausch to in part answer that, but...
Mr. Plummer% No, no, no. I don't want Dausch.
Mr. Gilchrist: What I understand here is that we are looking into Miami
Capital as a...
Mr. Plummer: I am not about to identify and give $1,000,000 until I know who
is going to control itl
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Now, to me, that is crazyl
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Gilchrist: The proposal before you is...
Mr. Plummer: You state on the record, Mr. Dausch, that that is the case, and
that is emphatic, and that is a different ball game. Now, also, the County,
when they put up their $1,000,000, were very parochial. Am I correct?
Mr. Gilchrist: Yes, sir, you are.
Mr. Plummer: Their monies could only be used for Dade County, non -City
residents.
Mr. Gilchrist: I don't know that it says non -City.
Mr. Plummer: Well, there is surely nothing that I can't be parochial and say
that my $1,000,000 has to go for City people.
Mr. Gilchrist: Yes, Sir I think we have no problem.
Mr. Plummer: We have a what?
Mr. Gilchrist: We have no problem with that. Glad to have it on the record.
Mr. Plummer: Oh, I definitely want it on the recordl
Mr. Gilchrist: Would you like Mr. Dausch to respond?
Mr. Plummer: I don't know is it his responsibility to respond. He is not
going to be controlling the money.
f Mr. Gilchrist; It is Miami Capital that...
t. 14 146 March 169 1986
j Mr. Plummer: I guess I have to ask the Administration, ask the Manager, or
make the motion subject to, if that is the case, that these monies will be
payable to Miami Capital, who will control their distribution to City resi-
dents. If that is in order, I would be glad to move it at this point.
Mr. Gilchrist: Yes, sir We would like you to do that.
Mr. Plummer: Mr, Mayor, I move at this point that item 43 be accepted, the
monies be payable to Miami Capital for this purpose, whose responsibility it
will be for distribution and it be to City residents. I so move.
Mrs. Kennedy: I will second it.
Mayor Suarez: It's been moved and seconded. All this is going to do from my
perspective, because I intend to vote for it, because I want it to go forward,
but what it is going to do, and you might tell the people of Miami Capital is,
if they are here, or they are not here when we take up that item, that we are
going to scrutinize that much more carefully their functioning - their board
composition, their executive director's ability to function effectively, loan
committees, search committees, everything they are doing. We just, you know,
we are just not going to give $1,000,000 to an entity that is non -responsive,
and is almost ineffective, I mean, it is just...
Mrs. Kennedy: I wish, in fact, to have a member of this Board, be on their
Board.
Mayor Suarez: We have an item on the agenda, which, if someone could help
me... what item is it, that we are supposed to.
Mr. Plummer: 83 and 84.
Mayor Suarez: The one having to do with replacing the member of the board?
Commissioner Kennedy, before you leave, and I know it is pressing ... Why don't
you vote on this real quickly, and tell us...
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: I think we have run out of Commissioners here to replace Commis-
sioner Perez, who was on that Board, but besides that, we have got vote on
this matter. We have got a motion already, Commissioner?
Mr. Plummer: Yes.
Mayor Suarez: Do we have a second?
Mrs. Kennedy: Second.
Mr. Plummer: Subject to the two stipulations.
Mayor Suarez: It has been 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:
id
RESOLUTION NO. 86-216
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $1,000,000
AS THE CITY'S CONTRIBUTION TO THE BAYSIDE MINORITY FINANC-
ING PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO MINORITY
ENTREPENEURS IN LOCATING WITHIN THE BAYSIDE SPECIALTY
CENTER; SAID ALLOCATION BEING MADE FROM THE FOLLOWING
SOURCES: $300,000 FROM THE CITYWIDE SMALL BUSINESS IN-
VESTMENT CORPORATION (SBIC) LOTH YEAR FUNDS; $100,000 FROM
THE CITYWIDE TECHNICAL ASSISTANCE PROGRAM (LOTH YEAR);
$586,261 FROM 11TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS; AND $13.739 FROM THE 12TH YEAR CDBG CONTINGENCY
ACCOUNT; PROVIDING THAT ALL OF SAID MONIES BE PAID TO
MIAMI CAPITAL DEVELOPMENT, INC. WHO WILL BE RESPONSIBLE
FOR DISBURSEMENT OF THE SAME ONLY TO QUALIFIED CITY RESI-
DENTS.
147
March 189 1986
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy. the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Suarez: Were I to suggest your name, Commissioner Kennedy, for member-
ship in the Board of Miami Capital under that item, would you accept the
nomination?
Mrs. Kennedy: Mayor Suarez, I am not really prepared for that right now. I `1
would like be more into it... not at this time.
Mayor Suarez: Mr. Plummer?
Mr. Plummer: Mr. Mayor, if it serves a purpose, I would sit for a period
until some other Commissioner accepts, but I am not interested in the long
term. I can't do it.
Mayor Suarez: I wonder if Commissioner Dawkins would be interested. It
would be important to have a Commissioner on that Board, is what I would like.
Mr. Plummer: Well, with the understanding that if he is, that I would come
off.
Mayor Suarez: Would you do that?
Mr. Plummer: I will accept it with the full understanding...
Mayor Suarez: That if he is willing to serve?
Mr. Plummer:... that if one of the two others that are not present will serve,
I will immediately come off.
Mayor Suarez: We can't vote on it, but at least we have an understanding.
57.A. DISCUSSION REGARDING BOARD COMPOSITION OF MIAMI CAPITAL
DEVELOPMENT CORP.
57.B. APPOINT J. L. PLUMMER AS MEMBER OF BOARD OF DIRECTORS OF
MIAMI CAPITAL DEVELOPMENT INC.
AM
Mayor Suarez: Item 83. Oh, 83 was the one we just talked about, Board
�-- composition. Could I get some information from the City on Board composition
of Miami Capital Development? Who exactly appoints the members? They are not
self-perpetuating, I hope. I mean, I know we get to appoint someone to
- replace Commissioner Demetrio Perez.
_ Mr. Castaneda: They are a self-perpetuating Board. At the last Commission
meeting...
Mayor Suarez: They are self perpetuating?
Mr, Castaneda: Yes. At the last contract negotiations, what was put in was a
clause that stated that the Commission would have the power of ratification of
{ any new members. So basically, you have veto power over..,
3
Mr, Plummer: It is like the Off -Street Parking Authority.
ld 148 March 18,1986
j
i
Mayor Suarez: So, if we voted on yourself, for example, we basically would _
just be making a recommendation. They have to actually.,.
Mr. Castaneda: No, because... -
Mayor Suarez: On that particular one, we have a right?
Mr. Castaneda: Right.
{
Mayor Suarez: We don't have automatic chairmanship of that board, as we do
D.D.A.?
Mr. Castaneda: No.
Mayor Suarez: Probably should have done it that way. OK, what about the
executive director? Has anything been worked out with regards to him and his
replacement, if he is going to be replaced?... and do we have a search com-
mittee, and who is on the search committee? and all the other relevant ques-
tions. I mean, it is just not a way to run a bank, frankly.
Mr. Castaneda: Herb Bailey was going to make the presentation and...
I
Mr. Odio: I dealt with him.
Mayor Suarez: And when are the applications going to be accepted, if he is
going to be replaced. I keep hearing things and I don't get any concrete
answers.
Mr. Odio: I don't know what you are hearing, Mr. Mayor, but let me tell you
what we have done. Herb Bailey is now searching for an executive director.
We are paying Alfredo Izaguirre, who had the problem with the stroke, for six
months, and after that... in the meantime, we are looking for an executive
director. Bailey knows of three people that he has contacted, that he would
like for them to be executive director, who have experience in this kind of...
Mayor Suarez: Who does?
Mr. Odio: Herb Bailey, and he is looking for an executive director...
Mayor Suarez: What does he expect to pay, and what are the qualifications we
are looking for? I'd like to suggest names.
Mr. Odio: You might suggest the names.
Mayor Suarez: Well, I won't suggest anything if I don't have any idea what
they are going to pay them, or what the qualifications are.
Mr. Odio: I will send you the job description to your office, Mr. Mayor.
Mayor Suarez: Do you have any idea what the pay has been in the past, John?
Mr. Gilchrist: I'm not aware of what it is, Mr. Mayor.
Mayor Suarez: I know it was in the 50's, was it not?
Mrs. Kennedy: It is close to $50,000, is my understanding.
Mr. Castaneda: Mid 50's.
Mr. Odio: It is $54,000.
Mayor Suarez: Do they get a car, and private clubs and stuff like that, like
the City Manager?
Mr. Odio: Mo. sirl As a matter of fact. I've only got one club. I need
to... (LAUGHTER) Mr. Mayor, I still don't make enough moneyl
Mayor Suarez: I would suggest you strike that from the record, Madam Clerk.
It could some day come back to haunt himl
Mr. Odio: No, leave it on the record.
ld 149 March 18, 1986
4
Mrs. Kennedy: Could you send all of us a job description?
Mr. Odio: We will send you a job description.
Mayor Suarez: Now, how is the search committee going to work? Who is on the
search committee, do we know?
Mr. Odio: Herb Bailey is working with, Juan Del Cerro, and another member of
the Board.
Mayor Suarez: The Chairman of the Board?
Mr. Odio: Yes. He has been working very closely with Juan, who is the
Chairman of the Board. Juan has been Acting Executive Director, by the way, i
while Izaguirre was ill. I
Mayor Suarez: I noticed. The President of the Board has been acting as
Executive Director - I noticed that. He seems to send out letters like he is
Executive Director, which he isn'tt
Mr. Odio: He is not, but at least he has filled in a big void that we had,
because Izaguirre's problem became, you know, it was very quick to happen. We
were not prepared for that. I will send you a memorandum and a job descrip-
tion of the position.
Mayor Suarez: Yes, let's get the very most qualified person we can to handle
what is in effect a.... lending capacity - the total lending capacity is in
the what, $6,000,000, $7,000,000, or $8,000,000 range? And at any one time, I
was informed yesterday, they had about $700,000 to lend right now. I don't
know if that includes the $100,000 that was previously allocated to them, that
was part of our $1,000,000, which is...
Mr. Odio: They have about $700,000 right now to lend, and with the $1,000,000
now, they are...
Mayor Suarez: That is a good chunk of money for Bayside.
Mr. Odio: No, it is actually $2,000,000, because the County will match with
$1,000,000.
Mayor Suarez: Would you give up your present job and salary and take the
Executive Director of Miami Capital?
Mr. Gilchrist: You want to borrow some money? Mr. Mayor, I would suggest
maybe, if you could get a Commissioner assigned to it now, that would help
us...
Mayor Suarez: We are about to do that. Commissioner Plummer agreed, Commis-
sioner Kennedy, in your absence, that he would fill in for another Commission-
er, with the understanding that he was only going to do it until we could find
if Commissioner Dawkins, or Commissioner Carollo could take his place. Do you
want to make that in the form of a motion? One of you, please - don't move
yourself! Commissioner Kennedy, I need your motion. So moved by Commissioner
Kennedy when she said, "I think it is great," seconded by the nominee.
Hearing no further discussion, call the roll.
Mr. Plummer: The volunteer?
Mayor Suarez: The volunteer.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-217
A RESOLUTION APPROVING THE APPOINTMENT OF COMMISSIONER J.
L. PLUMMER, JR., TO SERVE AS A MEMBER OF THE BOARD OF
DIRECTORS OF MIAMI CAPITAL DEVELOPMENT, INC.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Id 150 March 18, 1986
4
t-
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None,
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Suarez: Keep us advised of what is going on with the Executive Direc-
tor, please, John.
Mr. Gilchrist: Yes, sir.
Thereupon the City Commission recessed at 6:45 P.M. and reconvened at
7:07 P.M. with Commissioners Carollo and Dawkins absent.
58. DISCUSSION REGARDING IMPASSE REACHED IN LABOR NEGOTIATIONS FOR
FIREFIGHTERS (SEE LABEL #64).
Mayor Suarez: Let's take up items in order, the item having to do with the
union contracts was initially on the agenda, because of the pending negotia-
tions was taken off the agenda, not necessarily with my consent - that is the
nicest way I can put it because I never take items off the agenda. But wE
will consider it if that is the Commission's pleasure,
and we'll also consider other alternatives. That is really up to the
Commission. It is not presently an item that is scheduled before us but it
can be, we never, we would not make a group of our employees wait around for
an item to be heard that they felt would be heard. Frankly, with all day
negotiations having taken place, I would not feel bad if we came up with
another alternative either, but it again, up to the Commission. It's not on
the agenda, but I have no problem with it.
Mrs. Kennedy: We have been privileged to have a Fire Department that has been
rated the best in the nation, and you don't achieve that by shortchanging
people at the bargaining table. (APPLAUSE) Never will I be able to top this.
Mayor Suarez: Commissioner, just so we can procedurally and get this done
right, I've said it before and I'll say it again - the clapping is fine and we
allow it and it is OK, but really it does not help the proceedings and please
refrain from doing it, I guarantee you it will not change, my mind certainly
one iota, and I believe that is true of the other two Commissioners.
Mrs. Kennedy: What I'm saying is that we achieved that with support and good
negotiations for all the parties involved. I propose that we hold, and I'm
talking about very soon, another executive meeting, and this time we'll have
the Chief and we'll have the president of the Union, and then I'm sure that
together we can work something out.
Mayor Suarez: The head of the collective bargaining unit, not the Chief.
Mrs. Kennedy: OK, the head of the collective bargaining, if that is all right
to the fellow colleagues.
Mayor Suarez: As you know, we had a hastily convened executive session this
morning. Unfortunately, we had four Commissioners present, one is out of
town. Even those of us that were present didn't really have a full executive
session, to speak of, because we only had about 15 minutes to discuss the
whole item. We were also awaiting the continuing negotiations with the
firefighters union, we had an idea that a tentative agreement had been reached
with the police union, but some Commissioners had a great deal of reservations
about that. So it wasn't really much of an executive session, and if Commis.
sioner Kennedy's idea is generally the consensus of this Commission, we would
be, 1 would be prepared to hold the executive session this week. 1 don't know
when Commissioner Dawkins is back in town. Does anybody know?
151
March 18, 1986
Id
Mrs. Kennedy: Tonight, I understand.
Mr. Plummer: Yes, but I'll be out of town.
Mayor Suarez: Commissioner Plummer, will you be gone for long?
Mr. Plummer: Yes, I"ll be gone until Saturday.
Mayor Suarez: It can even be Saturday as far as I'm concerned. I don't want
this to linger forever. And it will be the first time, as far as I know, the
first time in history that the union representatives are present.
Mr. Plummer: Well let me go on the record because it was I who made the
<<'
motion to bring this matter before the Commission. I think that there needs
to be a clearing of the air. I would hope that right now, we could have a
presentation by the Labor Department or the City Manager, bringing everything
and putting it on top of the table. And I don't see a thing wrong with that,
I think the public is entitled to know what is going on and why there is not a
contract. I think everything needs to be put on top of the table and have
this public airing of where, if nothing more, the status and the posture as we
are, which I understand negotiations broke off again ten minutes ago. Don't
let me make any other statement right now, I'll hold it. But I would hope,
Mr. Manager, either you or your negotiator or who, would make a full disclo-
sure publicly where this thing is, and where we hope to go and how far are we
apart. You know, when I asked for this a month ago everybody said what in the
hell was I doing, politicking. Well, I think that politicking might have
worked in one case with the Police Department, that was not in at the last
hearing - it is now. So I think it is very appropriate that we have a presen-
n� '
tation, a public presentation to say where we are. Where did it get to and
where did it break off? And I'm speaking of all three Sanitation, Police and
ly.:..
Fire.
Mr. Odio: Should I proceed, Mr. Mayor?
59. DISCUSSION REGARDING PROPOSED MIXED USE PROJECT IN COCONUT GROVE (NEW
PLAYHOUSE FACILITIES FOR COCONUT GROVE THEATRE/PARKING FACILITIES/OFFICE-
RETAIL SPACE)
Mayor Suarez: What items are pending that are really of any great importance
to the administration?
Mrs. Kennedy: We have the playhouse, if I may speak for the administration.
Mr. Odio: We have the parking garage in Coconut Grove.
MR. Plummer: Coconut Grove Playhouse.
Mayor Suarez: And is that one for which we have had people waiting all day?
Mr. Odio: Yes.
Mayor Suarez: Why don't we handle that very quickly and we'll go to the
status report. Don't give us a complete status report, I think the Commission
will agree on this, as to the F.Q.P. because we got a complete one this
morning, there is no point in going through all that again, we have an idea
where they stand. We can announce generally what the status of that is. Let's
take up the item on Coconut Grove Playhouse, so we can get that disposed.
Let's do the Coconut Grove Playhouse, which item is that?
Mr. Plummer; 89.
Mayor Suarez: Mr. Weaver.
Mr. David Waver: Mr. Mayor, Madam Commissioner, Mr. Plummer, my name is David
Weaver. I am a member of the Board of the Department of Off Street Parking,
and am here at the request of our Chairman, Leslie Pantin. Some three years
ld 152 March 10, 1906 -
ago, the City Commission approved the funding of a study for a mixed use
project in Coconut Grove which would provide parking as determined necessary
s'w
by the study, new playhouse facilities for the Coconut Grove Theatre costing
somewhere in the vicinity of a million dollars, and office and retail space
�.
that would be somewhere less than 110,000 square feet of office and retail.
X'
The Halcyon Study was presented in early 1984 to the Board of the Parking
Department. The Parking Department has negotiated over these past two years
with the Coconut Grove Theatre Board, and has now arrived at an agreement with
_'-
the Theatre Board to proceed with this project, subject, of course, to approv-
al from the State Cabinet, approval from the Zoning Department of the City,
bonding approvals from the City and, of course, an understanding with this
Commission that we're going in a direction which is acceptable to you. The
Board of the Department of Off Street Parking has attempted on a personal
-;
basis to keep each of you apprised of where we are going with these negotia-
tions as they have occurred, and our purpose today is not to ask you to
S
approve anything, or even give a formal resolution but simply to bring you up
to speed on where we are, what progress has been made, and specifically what
commitments have been made in the name of this project. It should be very
clear that no decisions have been made at this point with respect to architec-
ture, aesthetics or size of this project. No decisions have been made of any
kind with respect to architecture, aesthetics or size.
.�, Mayor Suarez: But we've seen some sketches.
Mr. Weaver: There have been a number of sketches, I think there is one option
that was prepared by John Nichols and another prepared by the Halcyon group.
Mayor Suarez: But it is presently envisioned there is no zoning change or
variance or exception required that you know of, Dave?
Mr. Weaver: At this point in time, I do not know whether there would be
zoning modifications required.
Mayor Suarez: Why do I see Hubert Parsons back there getting ready to foam at
the mouth?
Mr. Weaver: Because he has been talking to me about this for the last hour or
e 41 so*
Mrs. Kennedy: David, I understand that if a developer owned that land there
would be no zoning changes, and he or she could go ahead and build it.
Mr. Weaver; I'm not sure that is the case, Madam Commissioner. I believe
that in the case of this being a private development, first of all this
property is owned by the State, and it would not be possible for a private
developer to do anything with that property unless there were a formal legal
process gone through allowing a developer to do something with it, and that is
what we have been negotiating, is a means by which the State can enter into a
long term lease with the Parking Department, and then the Department leases
that back to the State, opens it up for requests for proposals and proposals
from the private development community and in that way the Theatre would have
the opportunity to receive some rental for the use of that land both from the
Parking Department and a private developer, and the private developer would
be allowed to build what he could not otherwise build on that property. Is
that responsive to your question? It is complicated and it gets worse. I'd
like to just very briefly explain the agreement which has been reached between
the Department of Off Street Parking and the Theatre. Now, this, of course,
needs to be approved by the State. The Department of Off Street Parking has
agreed to immediately pay to the Theatre $100,000 from our reserves as an
option payment to enter into formal negotiations with the State on this 99
year lease between the Department of Off Street Parking and the State. Upon
completion of the lease, then the terms of the agreement would become effec-
tive. And those terms are very simple. (1) The Department would pay up front
a million dollars to the State to pay for certain infrastructure improvements
to the Theatre. Those million dollars would be paid back to the Department
over the life of the lease, over the thirty years of the bond. I'm sorry.
Secondly, the Department would agree to pay to the State an annual rental of
$200,000 which would be passed through to the Theatre and would increase after
the first four years at the rate of three percent a year. Finally, the
Department would agree if there was sufficient debt service coverage on the
debt related to this project, to be in excess of 1.5 times the amount of the
debt, then we have agreed that we would split with the Theatre fifty-fifty any
Id 153 March 18, 1986
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profits after that amount. The Department would finance the parking garage
through the issuance of parking facility revenue bonds by the City and then
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the State, the Department and the Playhouse would jointly issue a request for
proposals and through the vehicle of a citizens review committee would go
through the process of selecting the development proposal which is most in the
interest of the City, the State, the Theatre and the Parking Department. This
project, we believe, helps to immediately solve the long term parking problem
in the Grove. It gives the Theatre at least $260,000 a year of annual income
and possibly more if we get to sharing revenues and provides some very badly
needed infra structure to the Playhouse immediately. I want to reiterate,
however, and it is very important to this forum, that no decisions have been
made yet about architecture, no decisions about size and that decision will be
the focus of a special single purpose agency that should be formed to prepare
f t:;
the request for proposals and which should have representatives from the
State, the Department of Off Street Parking, the Theatre and the City should
you so desire. I believe that this agency should hold public hearings and
that the selection committee should also function in the Sunshine. It has
been suggested that this Commission, the Miami City Commission should also
Ky
hold a public hearing during the next 30 days, to afford all interested
citizens an opportunity to express their views. We in the Parking Department
heartily concur with that suggestion and would encourage you to hold such a
hearing if you deem it appropriate. Finally, we have a unique opportunity
here, we think, to create as well as preserve something that is very impor-
tant in this community, and while we don't request any formal approvals today,
we would appreciate any thoughts you have on the issue, and any questions we
would be happy to answer.
Mayor Suarez: I think I have told all the representatives of the various
,r
entities involved that I like the project myself, I've seen other Commission-
ers in the papers express the same thing, I'm interested in hearing from
anyone opposed to it. Hube, are you seriously here to oppose that? Well why
are you here, Hubert? Why don't you go home and get some rest?
Mr. Hubert Parsons: Good evening, Mayor. I for one am here, and there are
probably many others, for the purpose of endorsing what was put by Mr. Weaver
and what was requested by the Dade Delegation in the Legislature, and that is
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that this City Commission entertain a public hearing in order to solicit all
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views in the community with respect to the project. There was some concern
before that something other than an informational matter would come before you
this evening, you see, and since it is being handled on the basis that Mr.
Weaver
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suggested, that is certainly agreeable. And I would also think that
88 Y 8
most movers of the community would certainly applaud sincerely the efforts
that have been made by the Off Street Parking Authority through its staff and
at.t•
members of the Board, to assist, not only providing needed parking, but to
"=
assist financially the Theatre to the extent possible. The question is what
do those dynamics mean for Coconut Grove? That is something that should come
before you as the Dade Delegation determined.
Mayor Suarez: We appreciate your input. Commissioner Kennedy.
Mrs. Kennedy: Mr. Mayor, I have a clarification to make to myself. I know
that newspapers are quick to jump when somebody has a concern or a question,
and that may be interpreted as a position, not of support certainly, as I
think it recently was. I am very concerned about this project. I have spent
hours talking to everybody about it. I have seen the people who are opposed,
people who are worried about the density, who are worried about the parking
spaces, I have also talked to legislators, I talked to the producing director
of the Playhouse, I have talked to members of the Off Street Parking. What we
have here is not an attempt to give away some land in Coconut Grove, what we
have here is a survival or the demise of a very valuable institution not just
to Coconut Grove and its surrounding neighborhoods, but to all of Miami.
Yesterday afternoon Dr. Phillip George told me that he had made a personal
contribution, he and other Board members, of $75,000 to this Playhouse. Well,
that's not enough. They cannot meet the payments until they have next year
performance subscriptions in. Under these conditions it is really inconceiv-
able that any serious bidder can function. I propose that we bring this to
the public. I think we have to have a public hearing and as soon as possible.
Unless we are willing to show our support for this project, I think that the
hearing might turn out to be a wake. I am also concerned about the neigh-
borhoods, and I proposed to Mr. Carlton and to the City Manager, that they
include in the development order a guarantee that a certain percentage for
jobs are included in this project, and we can, and I for one know I will
ld 154 March 18, 1986
insist on safeguards. But I also want to make sure that it is understood
that it is my primary concern to save the Playhouse. I had to say that for
the record.
Mayor Suarez: Commissioners, any further comments? Questions?
Mr. William Huggin: May I be heard? Mr. Mayor, my name is William Huggin. I
am a trial attorney and I have been asked to represent Mike Simonoff and the
Camp Biscayne Project, which is directly across the street. The Commissioner
aired your concerns about the neighbors. Mike Simonoff probably is the
largest and the closest neighbor and the most affected. He is developing the
project directly across the street and he also lives there himself. We want
you to know that we support this Playhouse completely, we want to save it and
we think that the project is a good one. I will tell you that Mike as a
developer and as an architect, believes that there can be a lesser density,
both of the 110,000 square feet for retail projects as well as for the cars to
be parked, and yet be economically feasible, support the' Playhouse and make
an adequate return to the developer. Nevertheless, despite the fact that he
as a developer thinks that, we are willing to support that recommendation made
by the Dade County Senate Delegation of 500 cars parking garage, the 110,000
square feet, but what I do want to express, and we've been discussing it with
them, is that they not come back and request any variances. We know that
eventually down the road the Off Street Parking people are going to ask a
private developer to make the retail establishment. This is a very odd shaped
piece of property, and it is going to require some very creative development,
and we suspect, but we hope that it will not require any variances; or any
height restrictions or requests beyond what has now been proposed. So all
that we think that it could be done for less, we want to support the project
in exactly the variances or in exactly the form that it is in now without any
variances and so what we're asking the Commission to do on behalf of the, I
guess you would say it is the one neighbor with the legal standing to chal—
lenge it in court, is to express the Commission's desire that it not have a
variance in the future, that we're not looking down the road to come back to
us a year from now and say, "Look, we've got to raise it another three feet or
we've got to go out to the street a little further, or we've got to have
another five stories." That is the kind of thing that we don't want.
Mayor Suarez: Not to cut you short on that, but I tell you that a developer
who came in asking for variances recently got shot down ceremoniously, I
guess, by this Commission and I for one would never vote for a single variance
on this property unless it was just an incredible circumstance and I cannot
envision at this point.
Mr. Huggin: I just wanted to express that. We got kind of criticized in the
paper today, but it is our purpose to support it completely. Thank you.
There is, I believe that your City Attorney may have some reservations about
the legality of it. We will not challenge those, we don't have any reserva—
tions about that but up to the limitations that the Legislature has expressed
we support it completely.
Mayor Suarez: Thank you. Thank you for your presentation and your concerns,
rather well expressed. Sir.
Mr. John Green: My name is John Green, and I live at 3158 Florida Avenue, and
I'm within the 375 foot legal situation. The question was asked as to whether
or not variances, or changes of zoning would be needed. I have done a lot of
studying about it, as you know, that I am involved in one of the other situa—
tions. A 500 car garage, 110,000 square feet of space would need, in this
case, a zoning change. It would probably need variances and it would need a
special exception because four of the lots that are part of the Playhouse are
currently zoned single family residence. I am not opposed to what they are
trying to do, they are trying to infuse some money, get an endowment for the
Playhouse, I've been involved with the Playhouse. I was at one time on the
Board of the Playhouse School Advisory Committee and I'm for the Playhouse. I
want it to be there. but I don't want to see Coconut Grove destroyed to save
the Playhouse. Thank you.
Mayor Suarez; Thank you for your comments. Anyone else from the public?
Anyone else from the Commission? You understand we're not going to make any
decisions whatsoever today on anything having to do with variances or anything
like that, I mean we're getting to the point that this might be repetitive.
The concern has been expressed, and I think noted and rather emphatically by
this Commission.
ld
155
!larch 18, 1986
Mr. Marshall Taylor: My name is Marshall Taylor, and I'm chairman of the
Board of Trustees for the Playhouse, and I would just like to second Commis-
sioner Kennedy's comments about the need for the Playhouse. Our budget is
$3,000,000 a year, we depend on half of that through contributions, and this
project is extremely important to the Playhouse, and I just wanted to put
that in the record. Thank you.
Mayor Suarez: I appreciate the briefing you gave me. Janet.
Ms. Janet Cooper: Janet Cooper with law offices at 4014 Chase Avenue, Miami
Beach. I am here also representing Mike Simonoff who again...
Mayor Suarez: Two attorneys?
Ms. Cooper: He is beneficial owner and resides at 3503 Main Highway.
Mayor Suarez: This will be very interesting in the future when you have to
specify all the expenses under our lobby ordinance.
Ms. Cooper: Are attorneys under that?
Mr. Plummer: Oh, yes.
Mrs. Kennedy: Oh yes, we just went through that this morning.
Mr. Plummer: Number one - attorneys first.
Ms. Cooper: Number one, Okay. Mr. Simonoff has asked me to reiterate that he
is not opposed in any way, shape or form to helping the Playhouse. We defi-
nitely support the Playhouse, I do personally as well. It is something very
valuable to this community. We need more of this kind of thing. However, my
concern and the reason why Mike asked me to come in is because of the zoning
issues involved here. I am concerned that any stated approval by this Commis-
sion of this project would defacto approve zoning uses - not specifics, not a
plan, because no plan has been filed with you, no application has been filed.
Nothing has been reviewed by your Planning Department. We don't even know
that the uses are permitted. In fact, we know that some of the property is
zoned for single family use. We know that in the SPI-2 District which the
rest of the property is, there is a prohibition against parking garages within
50 feet bordering single family districts. These are use issues and there are
no variances for uses, as you know. So there are significant zoning issues
which will come before you when a plan is proposed. I am concerned, I would
like to hear what Mr. Weaver has to say.
Mr. Plummer: He was answering my question.
Ms. Cooper: I'd like to hear your question too.
Mr. Plummer: My question is, very simply, what is the State giving for this
project.
Ms. Cooper: I think that those are important issues when we're talking about
helping the Playhouse, but there is another issue involved here, and that is
the one that I have been asked to address and that is the zoning issue.
We've got a proposal in theory before you, with no plans, nothing concrete to
suggest to you that involves a zoning issue, that will possibly involve
changes of zoning on the property in order to make this happen that will
involve possible special exceptions that may involve variances. If we could
be assured that none of these things would occur, then, on behalf of my
client, Mike Simonoff, I would withdraw my objection. But I think it needs to
be made very clear on the record that if there is to be any kind of zoning
relief granted, that no notice has been filed in order to bring this issue
before you.
-- Mayor Suarez: We're not at that point that's why.
Ms. Cooper: We're not at the point, but if you were to approve it in princi-
_ ple in any way that would raise possible approval issues beforehand and legal
issues.
Mayor Suaret: We haven't been asked to make any motion of any kind.
id 156 March 18, 1986
I
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Mr. Weaver: May I speak, Mayor? I would just like to reiterate that we are
not asking this Commission to approve anything today, neither zoning issues
nor approval in principle. This is an informational session to let you know
where we're at. The only thing I would like to reiterate and make sure that
the Commission understands is that the Parking Department intends, pursuant to
its agreement with the Theatre, to pay the $100,000 option fee pursuant to its
agreement within the next few days.
Mr. Plummer: Well, but that's where you're going out on a limb.
Mr. Weaver: That's correct, sir.
Mr. Plummer: If you pay them that $100,000 and this Commission says no to any
change of zoning, then we're going to be after you for throwing away $100,000.
Mr. Weaver: That is understood. The Board of the Off Street Parking Depart-
ment is undertaking to purchase an option to be able to proceed with the
negotiations with the State and the City, should it become necessary, and we
are paying an option fee of $100,000 in order to be able to do that and it is
important that you are fully aware of that.
Mr. Plummer: Well, do we have any prerogative to tell you not to do it?
Madam City Attorney?
Mayor Suarez: Do you want to speak to that, Roger?
Mr. Plummer: I don't see why the option is so necessary to be paid in such a
quick hurry.
Mrs. Kennedy: What happens if you don't?
Mr. Plummer: Well, that's what I'm asking is, do we have the authority to
stop the Off Street Parking Authority from paying that within the next couple
of days? Go ahead, answer that question.
Mrs. Dougherty: The answer is it is within their discretion.
Mr. Plummer: So we don't have any authority to stop them.
Mrs. Dougherty: Not legally, no.
Mrs. Kennedy: Okay, but my question is not that. My question is what happens
if you don't pay them the $100,000?
Mr. Weaver: From a legal point of view I don't believe anything, Madam
Commissioner, I believe from a moral point of view we have a responsibility.
Mrs. Kennedy: Okay, See, I think there is a time to be cautious and I think
there is also a time to take action and this is one of those times.
Mr. Plummer: Well, I still, Mr. Weaver, I ask of you, what is the rush to pay
that money?
Mr. Weaver: Mr. Commissioner, the negotiations with the Theatre have been
proceeding now for almost two years. The understanding that we had with the
Theatre almost six months ago was that without consideration of all the
political aspects of this project that we were prepared to fund the $100.000
option fee. We have delayed that process to attempt to at least get some of
our proverbial ducks in a row during the past three months or so. At this
point in time, we have, in my personal opinion and in the opinion of the Board
of Directors of the Department of Off Street Parking last Wednesday arrived at
a point we can't delay that any further from a moral point of view.
Mr. Plummer; Where is the million dollars coming from?
Mr. Weaver; The million dollars would be a prepayment of rental under the
terms of the lease with the State and would be part of the bond issuance.
That, of course, would not come until such time as there was an approved lease
with the State.
Kr. Plummer; Do we have to approve the bonds?
C
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Id 157
March 18, 1986
Mr. Weaver: Yes, sir.
Mr. Plummer: Well, I'm going to go on the record because I think you're
making a mistake. The mistake I think that you're making is premature that
= `<
you're paying this $100,000. No one has said to me that we've got to do it
because the wall is going to fall or the roof is leaking or anything of that
nature. I think that you are locking somewhat this Commission in or trying to
r
and I'm not going to allow you to, that's why I'm putting this on the record,
<<
that if we don't allow you to do what you propose this thing is going to fall
out of bed as far as the numbers are concerned. It would seem like to me that
the proper businesslike procedure is that after you have come before this
Commission, if, in fact, you have to for any zoning changes or variances, that
is when you would pay your option fee. I think to do it before then is just
haste that is not needed. I have heard no justification of the need to pay it
immediately. Now, I'm sure you could go back and conjure up a good one.
Mr. Weaver: I don't think we need to conjure up anything, Mr. Commissioner, I
4.,• `:' :'
think the issue here is that it is standard business practice in a real estate
transaction to pay an option payment for the use of a property during a period
of time that you're negotiating. We have attempted to deal with this on a
businesslike basis. I believe that there would be representatives from the
Theatre who would come in and state that the reason why the $100,000 is
important is because the roof is going to fall down and because they will not
`r •'`
be able to pay their players and the cost of operation but I am not going to
take that posture.
Mayor Suarez: As in other commercial situations, you have contemplated the
possibility of losing the $100,000 but you think the option is worth it.
Mr. Weaver: Yes, sir.
Mayor Suarez: Okay, thank you for the...
"
Mrs. Kennedy: If we schedule a public hearing, how soon, Roger, can that be?
We need to advertise for what, ten days, Mr. Manager?
'.
Mayor Suarez: Well, we have to have a project.
Mr. Pierce: You're talking about the zoning issue?
Mrs. Kennedy: No, I'm talking about a public hearing.
Mr. Pierce: Ten days.
Mrs. Kennedy: I mean I assume that you will want a public hearing, I don't
know.
Mr. Plummer: Well, let me ask this question. If we don't have the authority
to stop them, what are we accomplishing by having a public hearing? If we
h don't have the authority to stop them from possibly throwing away $100,000,
what are we holding a public hearing for? We have no authority to act one way
or the other after having a public hearing. Now, a public hearing on a zoning
issue, or a proposal, or something like that, I don't know what the hell we're
going to have a public hearing for, just to listen to the people? We've heard
the people here this evening.
Mayor Suarez: Yes, we've had a lot of input and I think we're proceeding
exactly the way I would proceed if I were in your shoes, and understanding the
risks involved as Commissioner Plummer stated.
Mrs. Kennedy: It's fine with me.
Mr. Weaver: Well, obviously it is not our interest here tonight to create any
form of confrontation with the City Commission, rather to advise you of our
reasons for what we are doing and to, of course, be responsive if you wanted
to make some kind of motion saying that we should take it back to our Board
for reconsideration, we would do so, but I would believe that, that would not
be the proper thing to do.
Mr. Plummer: Well, I have expressed my concerns, I think it is haste and I
don't think it should be done at this particular point.
Id 158 March 18, 1986
Mr. Parsons: Commissioner$ I think there is a straight answer for why this
'
Commission should have a public hearing and it is the following: Regardless
K L, ;F •.
of the fact that apparently the things like aesthetics of the project, etc.
have not been determined, the fact of the matter is that a complete financial
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package has been put together. You have heard Mr. weaver refer, for example,
to the agreement, the agreement between Off Street Parking and the Playhouse.
That was brought before the Dade Delegation last Friday in order for the Dade
F4,*
u's
Delegation to endorse it to the Florida Cabinet for the lease to be entered
into, not for the lease to be maybe considered, but for the lease to be
entered into. The Dade Delegation said with respect to items like uses and
quantities, that is a decision which we should leave to the local authority,
the municipality, the City of Miami and that is why there, therefore, is no
'
recommendation by the Dade Delegation without this Commission moving forward.
If this Commission does nothing then undoubtedly there will be a continuance
and you will be faced, fait accompli with a lease from the State of Florida to
Off Street Parking and there will be a runaway situation. The horse will be
out of the barn.
Ms. Cooper: And Commissioner Plummer and...
Mayor Suarez: No, we've heard from you. Roger, please, go ahead.
Mr. Roger Carlton: May I try to clarify what theoretically comes next, if we
?; ^
go through to closure on this? And that is that the Dade Delegation gave a
review of this and left open the issues of sizing, feeling, it was very clear
in their statement, that, that is essentially a zoning matter and the province
of the City. So they have a direction with that exception. They knew that
you all were meeting today, they assumed, and I hope I'm stating this correct-
;;". ..
ly, that you would call for a public hearing in a short period of time, to get
the input of the various people that are concerned. That was their assump-
tion.
Mayor Suarez: But that really would be at the time that we had some sort of a
project to review.
Mr. Carlton: Mr. Mayor, this is where the issue comes.
Mayor Suarez: I mean an actual concrete thing. We've seen some sketches and
so on, but I mean...
Mr. Carlton: Their assumption is that there is really two hearings, there is
this general type hearing to get input, and then we must go through some sort
of public selection process to pick a developer. There may be one proposal,
there may be five. There will be a committee, there will be input, there will
be things that you go through all the time and then there will be_&.developer
selected. Whatever that project is, if it requires a zoning variance - I say
if, we don't know - would have to come back through that normal zoning. That
is the second public hearing if such variance is required. We can't tell you
today because of the developer's selection process whether there will be
another hearing or not.
Mayor Suarez: And really, from the legal viewpoint or from the viewpoint of
the number of impediments or roadblocks that we still have to overcome, we're
talking here about a project involving the State of Florida, a semiautono-
mous authority, the City of Miami, for any variances or any changes in the
Code, a nonprofit institution and some profit making institutions. I don't
know what all the requirements will be, I don't think any one of us really
know at this particular point, and it is a risky thing that we're doing. Are
you going to get into zoning considerations again? Because we will go
through all of that.
Ms. Cooper: No, I wasn't finished with my presentation when I let Mr. Weaver
speak, but the point that I want to make at this time is related to what Mr.
Plummer said, which is why the rush and do they know what they're getting.
Please.
Mayor Suarez: Janet, we don't need to hear from you on that, we've heard from
Commissioner Plummer on that. This is not a zoning hearing.
Ms. Cooper: This is something that hasn't come up.
34
159
March 18, 1986
e
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Mayor Suarez: We have not been asked to make any motions or to do anything
.,k
that they don't have a chance to do within their discretion. They are merely
,'`_
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informing us. We have heard from you on this issue, we have heard Commission-
er Plummer, you're great at overkill, you really are.
'air S1 t.
Ms. Cooper: I'm not trying to overkill, I'm trying to submit some new infor-
mation which is that they are attempting to pay $100.000 on an option for
something that they don't even know if they can do it. I spoke with Mr.
Rodriguez, and I hope someone from the Commission will ask Sergio Rodriguez,
whether this proposal has been put to his department. And he answered me
earlier, and I hope he'll tell you, that his Department has not looked at
this proposal.
Mayor Suarez: At this point, no one has advised that there is any requirement
that it go through the Planning Department, because there is no project at
this point. So your points are simply irrelevant at this point. Marshall,
are you going to make another statement?
Mr. Taylor: Yes, I feel it is important to address Commissioner Plummer's
questions. As I mentioned, the Playhouse does require about fifty per cent of
r`
its budget, which this year is $2.8 million, to come through contributions and
donations. This is the point in our season, February, March, April, where we
•`'
are at our ebb, if you will, in terms of cash flow, or at our peak in terms of
needs. And this $100,000 and the timing is critical to the Playhouse. I'm
sure you read the editorial in the paper this morning, we are not going to
miss a payroll this week, but we do need cash inflow to the Theatre, and we
have been working with the Parking Authority for two to three years. We have
been negotiating in good faith, and we both feel that we have struck a situa-
tion here that is good for the Playhouse, it is good for the surrounding
community, and particularly it is good for the South Florida/Miami area. So
the roof will not fall in, but the doors may be closed. I won't make any
bones about it. Thank you.
f�
Mayor Suarez: We suspected as much. We have just closed discussion on this
4. item and proceed.
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60. PURCHASE ONE PARCEL OF LAND IN S.E. OVERTOWN/PARKWEST AREA ("THE MIAMI
RESCUE MISSION").
Mayor Suarez: You've been waiting all day on Item 90, have you not? Why
don't you come up and make a presentation. Is the City ready to make a
recommendation on the Miami Rescue Mission?
Mrs. Kennedy: Wait, how do we leave this now?
Mayor Suarez: We don't have to take any action, they have just come to
explain to us, and for us to express our concerns which has been duly ex-
pressed, and by the potential objectors Mike Simonoff and counsel have ex-
pressed potential objections to the project depending on how it goes and we
have noted all of that. We'll work closely with you to make sure that there
are no problems with it. Is everyone in agreement?
Mr. Matthew Schwartz: Yes, but you might not be.
Mayor Suarez: Are you kidding me? If you guys come to us and tell us you are
in agreement with them, you think at this late hour after going straight for
six hours that we're not going to agree? Anything is possible.
Mr. Matthew Schwartz: At the February 13th Commission Meeting, you directed
staff to find creative ways of financing the acquisition of the Miami Rescue
Mission. The Miami Rescue Mission is part of the acquisition for the arena
project. The actual value of the real estate of the Miami Rescue Mission is
about $269.000. We are recommending a settlement that comes out to $638,901.
This includes $267,951 for real property and $370,000 as a special last resort
facility relocation payment for building replacement and associated expenses.
The Miami Rescue Mission concurs with this recommendation. We discussed this
with the Dade County Attorney's Office, the review appraiser who has been
14 160 March 18, 1986
A
assisting us in this project and the City Attorney's Office. If we enter into
condemnation, it is quite possible that we may be responsible to replace the
facility. Our staff has spent about a year...
Mayor Suarez: It seems quite with that requirement possible a whole new legal
standard, Madam City Attorney, or is it really possible that they could
include replacement cost as a...?
Mrs. Dougherty: That is not a new standard. It is possible.
Mr. Plummer: What have you done in the other properties?
Mr. Schwartz: We have not had the problem. The problem is this is a very
unique situation. The Miami Rescue Mission, this facility provides services
for 100 homeless individuals plus serving other meals. We have worked with
the Rescue Mission for over a year, looking at other sites, trying to find
them a duplicate, a similar type building to relocate them in. The cost of
rehabbing a building up to present standards, which they would have to meet
through the relocation process, comes out to almost equal to what the cost of
new construction is. We have not had this with any other facility because we
have been able to find a relocation site, an existing building, or the owner
has elected to build a new building. There is no, we have been unable to
find - and the Rescue Mission has looked at over 25 different locations - a
site to duplicate the facility within the City of Miami. Their service area,
they need to be somewhere near the general downtown area. The Rescue Mission
has purchased an option, or has a contract to purchase some property on N.W.
1st Avenue and 21st Street, which is adjacent to where they have a facility
already by the Salvation Army. It is an industrial district, it would have
minimal impact on the surrounding area. They would be required to get a
special exception to locate at that site. The $370,000 we would consider as a
last resort relocation payment. The money for this, as part of the Sports
Authority's lease for utilization of block 44, as part of the Southeast
Overtown/Park West project. The Sports Authority is going to be providing a
million dollars to the City toward the acquisition. This relocation payment
could come out of that.
Mr. Plummer: What did you do, for example, with the Brothers of the Good
Shepherd?
Mr. Schwartz: I spoke with Mr. Fitzgerald yesterday, Michael Fitzgerald who
is the attorney for Camilus House. Camilus House is about to sign a contract
for $1.1 million dollars, that is the actual value of the real estate for that
property. They are going to accept the City's offer.
Mr. Plummer: What about relocation costs?
Mr. Schwartz: With the Camilus House would be the normal relocation benefits,
actual moving expenses. The problem with the Rescue Mission is they cannot
duplicate their facility.
Mr. Plummer: The question that I have as I read here, it seems it is a little
unfair to ask of the City that they are providing presently home for 100.
They are proposing in their new relocation for expenses to house 200.
Mr. Schwartz: Our recommendation is, at the February 13th Commission Meeting
they presented a budget of close to a million dollars, they wanted to expand
to a 200 bed facility. Our agreement that the Rescue Mission concurs with,
and we negotiated this yesterday with Mr. Briggams' help, that we are replac-
ing a 100 bed facility. Their facility now is close to 11,000 square feet.
We're replacing it with a 12,000 square foot facility.
Mr. Plummer: Say that again.
Mr. Schwartz: We're replacing their existing 11,000 square facility - it is a
little less than 11,000 - with a 12,000 square foot facility. This is a bare
bones construction at $40 a square foot.
Mayor Suarez: The question is well taken, because I think it hints at what
may happen. Is this so unique that it is not going to establish some sort of
a precedent for other condemnation situations? You said very unique which
some grammarians might question, but I mean?
ld
161
!larch 18, 1986
UNIDENTIFIED SPEAKER: Mr. Mayor, may I speak to the square footage? Matthew
has concurredg his department has studied. It takes 12,000 square feet to
satisfy the zoning requirements for parking, for set back and so forth to
replace. So what he is proposing is exact replacement, it is no fat in it at
all.
"gW
UNIDENTIFIED
SPEAKER 2: Let me shed some other light on the Camilus House.
The $1.1 million
dollars given that you're
g y
going to knock that thing down when
you're done,
is about $94 a square foot.
Had you been willing to pay us the
same price we
would be getting $705,000 a
square foot for our lot.
Mr. Plummer:
Well, did I not hear you
say the appraisal for the Camilus
House...
Mr. Schwartz: Is $1.1 million, and most of the Camilus House value is based
on land, it has an extensively larger site. The building is spread out, there
is vacant land. The land at Camilus House is valued, the vacant land is at
$20 a square foot now. Miami Avenue prices have risen in the area in the last
year. Camilus House for $1.1 million dollars, they can replace their existing
facility. The Miami Rescue Mission for $267,000, it is impossible with the
time frame that we have now, and if this is the site that is on the arena
tract, and the arena needs to start construction this summer, to find a
replacement. We have gone out, we have looked throughout the City, this is a
`...',
very delicate thing to where to locate this type of facility.
Mr. Plummer: What do you anticipate using one as against the other for the
relocation costs of the Camilus House?
Mr. Schwartz: We anticipate that Camilus House, the relocation cost would be
the actual moving expenses.
Mr. Plummer: Is that $10? $10, 000?
Mr. Schwartz: No, actual relocation expenses is probably somewhere between
,4
$10,000 and $30,000 to $40,000, it is moving the facility, reprinting their
,;,,•..: „
stationary, paying for a new phone connection.
Mr. Plummer: But is that fair to give them $30,000 in relocation and to offer
the other one $370,000?
Mayor Suarez: It is really more replacement though as opposed to relocation,
which the City Attorney has told us is a ... Well, but it is a standard that
can be considered under the existing cases.
Mrs. Dougherty: The facility is so unique.
Mayor Suarez: That's what we're depending on, that the public's worried about
the precedent.
Mr. Plummer: Well, let me tell you my problem. My problem is simply that
you're setting a precedent that you have how many parcels already in house?
Mr. Schwartz; We have 26 of the 30.
Mr. Plummer: How many more have you got to acquire?
Mr. Schwartz: After the Rescue Mission, four.
Mr. Plummer: That's it for the entire Southeast Overtown?
Mr. Schwartz% That's for Phase I.
Mr, Plummer: The entire project, how many more? Possibly another couple
hundred?
Mr. Schwartz; In the next 20 years.
Mr. Plummer; And I'm just telling you, you'd better be prepared if you vote
favorably, that you're going to be faced in court, justifiably for each one
when you set this precedent.
14 162 March 18, 1986
Mayor Suarez: That is a good question. When we talk about precedent, we're
talking about two really different concepts, political precedent that other
people will think that they're going to get more because of the uniqueness,
etc, and legal precedents. Now can someone use in court the fact that we took
into consideration this particular replacement of this unique type of property zr
against us?
Mrs. Dougherty: As you know, that would not be relevant to the issues that a
court would be considering, out and the political aspects is probably true.
Mayor Suarez: Yes, that's what Commissioner Plummer, I think, is thinking in
terms of. But just to clarify, they could not use that in court in another
case.
Mrs. Dougherty: That's correct.
Mr. Schwartz: That's why we're recommending this to be a conditional grant,
with the requirements that for 10 years they operate a facility for the
homeless, or a social service facility in the City, so when we try and sepa-
rate the real estate value it is not to inflate the real estate values from
the actual replacement cost.
Mayor Suarez: Commissioners, what's your pleasure?
Mrs. Kennedy: I sure would like to help you, Dr. Jacobs. I don't know.
Dr. Jacobs: I would like to add that our attorney, Briggam Moore, has donated
their fee which, if we went to court, would be probably over $70,000, and they
have worked through this and they have donated that toward the project, and
have not put it on the claims against this.
Mr. Plummer: Well, of course, Dr. Jacobs, you're talking about $70,000 for
their fee, we're talking about $370,000 in relocation costs, if the courts
were to find, assuming what the courts would find is that the City is only
obligated for the same kind of moving expenses as they are for the others, and
if we give them $30,000 and $70,000 for the attorney fees, that's $100,000 and
we come out, you know, considerably better.
Dr. Jacobs: The terminology here that Matthew is using, the last resort
facility, a precedent has already been set through his Department of not being
able to find the person a suitable place to move to, and a last resort re-
placement value has been set.
Mr. Schwartz: This is done for residential relocation for some times in
Overtown where you cannot replace the single family or duplex house in
Overtown in a standard neighborhood.
Mr. Plummer: Matthew, you know the State law. You can't go above 10% above
appraisals. That is the State law. It is the State law. The State cannot
acquire for more than 10% over appraisal.
Mrs. Dougherty: For their own.
Mr. Plummer: For their own, of course. They're not going to acquire it for
me.
Mrs. Dougherty: (INAUDIBLE)
Mr. Schwartz: See, part of this issue is that the Rescue Mission is willing
to start construction immediately, and to be able to vacate that site and move
into the new facility some time early this fall. They're going to fast track
this to cooperate with the construction of the arena. If not, we still move
to start construction of the arena this summer, but the Rescue Mission can
through delaying tactics and stuff in court...
Mayor Suarez: Is that contractually agreed at this point? If we accepted
this appraisal and paid them off would they have to, in fact, be out of there
within the amount of time that we need?
Mr, Plummer: We could quick take.
Mr. Schwartz: No. we would, we have a contract drawn up.
1d
163
March 18, 1986
Mayor Suarez: No, I mean assuming that we do go through with this deal, do we
have an understanding with them, or do we have more than an understanding?
Mr. Schwartz: We have an understanding, but if their building is not ready,
which we have gotten a commitment from the attorney from the Sports Authority,
that they would pay for the temporary housing of the Rescue Mission in a
hotel.
Mayor Suarez: Do we have a tentative agreement from the Rescue Mission that
they would allow that kind of tentative housing, temporary housing?
Mr. Plummer: Yes, you do.
#' �
Dr. Jacobs:
Yes, you do, we agreed
8 yesterday.
Y>t.,
Mr. Plummer:
Up to what amount of money?
Mr. Schwartz: That hasn't been set, but I think we're probably talking a
maximum of a
month or two and maybe $10,O0O to $15,0O0. They could lease
hotel space in the downtown area for some of their...
� _a_
Mayor Suarez:
Are you talking about the attorney for the Sports Authority or
-
the attorney
for Tacoma?
Mr. Schwartz:
This was the attorney for the Sports Authority, a commitment,
Mr. Sechen.
Sechen indicated this at a meeting we had yesterday.
Mayor Suarez:
Our attorney.
}
Mr. Schwartz:
He is now working for the Sports Authority.
Dr. Jacobs: Our engineering and architectural builders are ready to move
ahead as quick, more quickly than normal on building. They would, we're
committed to a quick building and move from the facility, we don't want to
prolong...... Also, our organization is also committed to a capital funds
campaign that will further provide for the homeless, which is a major issue in
the City of Miami at this time. We're going to raise an additional million -
and -a -half dollars to provide for the needs of the homeless.
Mayor Suarez: I'm convinced that it is unique, almost so unique that we might
never be able to build another one in the City of Miami because of the opposi-
tion of the residents and everything else that goes with it, and I just can't
imagine that it would have any presidential value from a political viewpoint,
and I've been instructed by the City Attorney that it will have none from a
legal viewpoint. So I'm ready to vote on this item.
Mr. Schwartz: We have included a resolution authorizing the Manager to
negotiate a contract and settle this at this amount, it is included in the
package, just in case.
Mayor Suarez: Commissioners, what is your pleasure?
Mr. Plummer: We'd like to hear the wisdom of the center chair.
Mayor Suarez: I'll make the motion to accept the settlement amount. I just
can't imagine anyone else being in this situation, I really can't. You're
worrying about the precedent being set, but I just can't imagine anyone else
being able to come here with a project as worthy as your's that people want as
little in their neighborhood, that is so difficult to change from one place to
the other, to relocate, if you want to use that term. It will just never
happen again. Now, if it did, I would be glad, because it would mean another
_ facility where we could house some of the homeless that we have. We're
getting grilled by the national press, and by the State and local press on the
fact that we supposedly have 3,000 homeless people in our City. First it was
8,000 in our Greater Miami area, I think that is an exaggeration, we probably
don't have that many, but whatever we've got is too many really. The people
that really want to be rehabilitated and end up with no allies.So, I just
can't imagine any other situation ever arising like this. I have been search-
ing my mind trying to think of someone else who can come in and say Ah Ah, the
Miami Rescue Mission got this particular standard applied to them. I'm
satisfied that it will never happen in court from the City Attorney's opinion,
Id 164 March 18, 1986
A
h.
and I know your needs and I know how critical it is to our City to at least
have your facility, and I have used it in the past. I have sent people and
taken people over there."
Mr. Jacobs: Thank you, Mr. Mayor. We do intend, I say again, to come up with
funds of our own to provide additional housing, especially, for women and
children which is a great need in this City, and we will more than match
anything that is derived here.
Mayor Suarez: Plus we...yes, we have imposed the additional requirement which
we would never impose in other situations like this, that they must continue
doing the same thing that you have been doing for the next ten years or
whatever period of time it was. So. I'm ready to make a motion, I will pass
the gavel to Commissioner Plummer, and move to accept the settlement.
Mr. Kennedy: Frank, this job ain't easy, but I'm going to go ahead and second
the Mayor's motion.
Mr. Jacobs: Thank you.
Mr. Plummer: Motion made and duly seconded. Ur. Jacobs, it then rest in my
hands, because if I vote against it you are dead. No, I'm telling you that.
OK.
Mr. Jacobs: Right.
Mr. Plummer: How much less than three hundred seventy thousand can you take?
Mr. Jacobs: We have spent a year negotiating this and you all directed your
administrative staff our last meeting to go out and find ways, and we have, we
have come down from nine hundred ten, twelve thousand. We just... yesterday
we decided, you know, all of us in the room spent hours, we can't cut it
anymore, there is no way.
Mr. Plummer: I think you are in trouble. I would like to give you about five
minutes to think about it.
Mr. Jacobs: We want to also make it clear that the purpose of the mission is
to house the homeless, that we are not...
Mr. Plummer: I'm well aware of the mission.
Mr. Jacobs: We are not here looking for something that's going to make a
profit for anybody. We are here as a service to the community.
Mr. Plummer: Mr. Brigham, I, like your family, have been here all my life. I
know that you are getting a building that's about ready to fall down and you
are going to wind up with a brand new building, spanking new. So, it's not
really a trade for a trade. Yes, you are going to do the same work that you
did in the past. OK. But you are taking a building which is a dilapidated
building, which you took over and you are getting a brand new structure. Are
you willing to give me a reverter clause if you move you will give the build-
ing to the City?
Mr. Jacobs: We are already committing to ten years, something that we have
been doing for the last thirty-nine years.
Mr. Plummer: No, no, what I'm saying to you is, is at the end of your use of
that building, will you give it to the City of Miami, revert it back to the
City?
Mr. Jacobs: If you would build a complete building I would do that, yes. I
am not building a complete building.
Mr. Plummer: How much is a complete building?
Mr. Jacobs: Nobody in their right mind would rebuild what we have got.
Mr. Plummer: All right, tell me how much is the new building?
Mr. Jacobs: A new building...
Id
165
March 18, 1986
Mr. Plummer: The total building is how much?
Mr. Jacobs: ...based on what we can accomplish and that would be in the
location that we have, will be now about nine hundred ninety thousand dollars
based on the current site.
Mayor Suarez: Wait, you mean a reverter clause if they stopped using it for
that purpose?
Mr. Plummer: Sure. That the City get...
Mr. Jacobs: Well, we have already got it. That's what the clause is.
Mr. Plummer: That the City gets its money back.
Mr. Jacobs: There is a ten year clause in there which is already policy.
Mayor Suarez: No, no, he means even after that. Actually...
r Mr. Jacobs: I know that. I understands what he means.
Mayor Suarez: Actually, if you stopped using it for that purpose, I have a
feeling, under the laws applicable to charitable institutions, you would
probably have to give it to another charity or to the government.
Mr. Jacobs: You understand the law correctly.
Mayor Suarez: Anyhow I would hope that you would consider us at that point.
'r. Mr. Plummer: Well, what I'm...
Mr. Jacobs: We are certainly obligated to continue what we are doing based on
the way we are getting our charitable contributions.
Mayor Suarez: Or give it to another charity.
Mr. Jacobs: I would restate what I said before that the Camillus House, which
is outside your eminent domain proceedings capacities, was negotiated at 1.1
million dollars which is ninety-four dollars a square foot for the dirt that
you are trying to buy, and that on an equal basis for the seven thousand five
hundred square feet that we have, you would be paying seven hundred five
thousand dollars.
Mr. Plummer: Well, I will tell you where I'm at...
Mr. Jacobs: And the Camillus House is the only market comparable that any
court would be willing to consider, because it's the only other rescue mis-
sion. The Camillus House houses about sixty people and you are paying them
1.1 millions dollars to reproduce their facility. We are housing a hundred
people and we have settled for a number substantially less than that, and we
have to come up with the difference in order to be able to rebuild something
that the City can use.
Mr. Plummer: I will tell you what, either reduce your price or give me a
reverter the day that it's sold that we get the City money back.
Mr. Jacobs: I will give you that reverter.
Mr. Plummer: So, be it.
Mr. Schwartz: One clarification, Commissioner Plummer, two hundred sixty
seven thousand dollars is for the actual real estate of their existing build-
ing. So, that would be...
Mr. Plummer: I understand that, and the three hundred seventy thousand nine
hundred fifty dollars will be given to them for relocation cost, at such time
as that building is ever sold, the City of Miami will receive from the pro-
ceeds of the sale three hundred seventy thousand nine hundred fifty dollars,
So, in effect, it's a non -interest loan, I can live with that.
Mr. Jacobs: I can live with it too, because we don't intend to quit.
Id 166 March 18, 1986
Mr. Plummer: So, be it.
Mayor Suarez: We appreciate your not intending to quit.
Mr. Jacobs: We have been at it for forty years, we won't quit.
Mayor Suarez: We need the facility badly.
Mr. Plummer: I want to tell you, when you played the organ in my funeral
home, you were a hell of a lot easier to deal with.
Mr. Jacobs: I didn't play the organ, I sang, sir.
Mr. Kennedy: Let me tell you, he married me. He was a lot easier then, too.
Do we need to amend the motion?
Mr. Plummer: Motion understood?
Mayor Suarez: We have a motion and...
Mr. Plummer: Motion understood, any further discussion? Call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 86-218
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE ONE
PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK
WEST REDEVELOPMENT AREA AT A NEGOTIATED VALUE WITH CLOSING
BONUSES SET AT THE RATE PREVIOUSLY ESTABLISHED BY THE CITY
COMMISSION AND TO PROVIDE A LAST RESORT FACILITY RELOCA-
TION PAYMENT; AND FURTHER AUTHORIZING THE CITY ATTORNEY TO
PROCEED TO CLOSE ON THESE PARCELS AFTER EXAMINATION OF THE
ABSTRACTS AND CONFIRMATION OF OPINIONS OF TITLE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
61. RESCHEDULE SECOND REGULAR COMMISSION MEETING DATE FROM APRIL 17TH TO
APRIL 22, 1986.
Mayor Suarez: We have two housing cleaning items.
Mr. Jacobs: We have one item we would ask you if we could put on the next
agenda given the hour of the day. It's the other item that I handed to you.
Mayor Suarez: Let us know about that tomorrow, please.
Mr. Jacobs: OK.
Mayor Suarez: Thank you. Two house cleaning items. We have an offer of
judgement that the City Attorney has requested that we approve, its in the
nature of an emergency item, I guess. If we don't make it now, trial can
reach us and we would have never made that offer of judgement.
34 167 March 10, 190
Ms. Dougherty: Yes, sir.
Mr. Plummer: Mr. Mayor, we also want to discuss the changing of the date.
Mayor Suarez: You just... and then the postponing... right, the changing of -
the date for the next meeting.
Ms. Kennedy: The change of the date for the next meeting?
Ms. Dougherty: Yes, air, Mr. Mayor, we would request that you...
Mr. Plummer:
No, not the next meeting. The meeting of the...
Mayor Suarez:
The one that was scheduled for April
Mr. Plummer:
18th...17th.
Mayor Suarez:
17th and...
Mr. Plummer:
Is it possible, you check your schedule, to move it to
what is
it, the 15th?
Mayor Suarez:
The 22nd was the latest idea. It has to be moved backward,
Commissioner,
because of the thirty day....
Mr. Plummer:
Yes, 22nd of April, can you accommodate that?
Ms. Kennedy:
It's all right with me.
Mr. Plummer:
I make a motion at this time that the meeting of April
17th be
moved to April 22nd.
Ms. Kennedy:
Second.
Mr. Plummer:
Now, that is with the full understanding if there is a
problem -
for Commissioner Dawkins or Carollo, that we can adjust if necessary.
Mr. Odio: Could you also change the time for the Commission meeting
on March
27th please, to 3:00 in the afternoon?
Mr. Plummer:
Is that a separate motion or in the same?
Mr. Odio: You need a separate...
Mr. Plummer:
Well, let's call the roll on the first one, I guess.
Ms. Kennedy:
It's been seconded.
Mr. Plummer:
Call the roll on the first motion.
Mayor Suarez:
Moved and seconded, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-219
A RESOLUTION RESCHEDULING THE SECOND REGULAR MIAMI CITY
COMMISSION MEETING OF APRIL, 1986 TO TAKE PLACE ON TUES-
DAY, APRIL 22, 1986.
(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 -
Id 168 March 18, 1986
s
K.v
J'%
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
62. SET 2:00 P.M. AS TIME OF COMMENCEMENT OF CITY COMMISSION MEETING OF MARCH
27, 1986
Mr. Plummer: Now, move that the meeting of the 27th of March commence at 3:00
P.M. rather than 9%00 A.M.
Ms. Kennedy: Second.
Mayor Suarez: I don't want to make an issue of this, but I'd just as soon
stick with the 2:00 starting time in the afternoon.
Mr. Plummer: Fine with me.
Mr. Odio: Fine.
Mayor Suarez: Is there any reason why we would go with 3:00, I mean
that...that just...
Mr. Odio: No, fine. We just had more public hearings after 4:30 than we did
before and we have very few items.
Mayor Suarez: Do you really, seriously, think we can cover everything between
3:00 and 4:30?
Ms. Kennedy: How many items do we have roughly?
Mr. Odio: No, just leave it at 2:00. The way we talk around here...
Mayor Suarez: We now have Marty Fine coming back, remember, on that issue...
Mr. Odio: Oh, no, then make it at 2:00.
Mayor Suarez: ... and that might require a certain amount of discussion. Do you
accept the amendment, Commissioner, to 2:00?
Mr. Plummer: Sure.
Mayor Suarez: Yes, it's been moved and seconded, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-220
A RESOLUTION SETTING 2:00 P.M. AS THE TIME OF COMMENCEMENT
OF THE CITY COMMISSION MEETING OF MARCH 27, 1986.
(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-
14 169 March 18, 1986
f
2
AYES:
NOES:
ABSENT:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
None.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
63. CLAIM SETTLEMENT: JOSE FERNANDEZ ($50,000).
Y�
r Mayor Suarez: Yes, on the offer of judgement, have the Commissioners had
enough time to review the materials presented to us and are ready to vote on
that offer of judgement?
Ms Dougherty: We have passed out a resolution and a memo. We were requesting
an offer of judgement be approved in the amount of fifty thousand dollars, the
4 effect of which is if a jury comes back in with less than fifty thousand
dollars, it will cut off all attorneys fees and costs of the litigation. We
a do not anticipate that the offer will be accepted.
«, Mayor Suarez: That was the case of the runaway individual that was captured,
but the one that was beaten up by ---allegedly beaten up by the police officer
who is no longer with the force was not the one driving, but the one that was
a passenger?
Ms. Dougherty: Yes, sir. And the IS investigation is what caused him to
resign and he incidentally was one of the officers just picked up in Bal
Harbour in a drugs case.
Mayor Suarez: What were some of the consequences of the beating up that he
got, according to the allegations?
Ms. Dougherty: The incident gave rise to this case, involved a police chase
and the capture of the plaintiff. The passengers apparently had nothing to do
with starting the chase, but apparently upon capture received severe beating
at the hands of the police officers. The plaintiff's injuries included broken
teeth received when a gun was thrust into his mouth, a torn ear, lacerations,
contusions, psychiatric injury along with pain and suffering since the date of
the incident.
Mr. Plummer: And Bal Harbour hired him?
Mayor Suarez: And I'm sure that the plaintiff is also claiming he can't have
sex for the next twenty-five years.
Mr. Plummer: Quiet, it will cost us another fifty thousand dollars.
Mayor Suarez: I'm sure it's in the complaint.
Ms. Dougherty: It's the wife's complaint.
Mayor Suarez: Don't put that on the record. You can't take that out, can
you?
Mr. Plummer: I'm sure you will hear about that one in the next election.
Mayor Suarez: That's better than admitting that you haven't had it for the
prior twenty-five years.
Ms. Dougherty: Again, the...
Mr. Plummer: You just dig deeper and deeper, don't you?
Ks. Dougherty: Again, the effect of offering such a judgement in the court is
to cut off attorneys fees and costs, if the jury comes in with less than fifty
thousand.
Id. 170 !larch 18, 1986
Er
t
Mr.
Plummer:
What you are saying is we have no choice.
Ms.
Dougherty:
No, you have a choice.
Mr.
Plummer:
I will move it.
Ms.
Kennedy:
I will second.
E-77
Mayor Suarez: It's been moved and seconded, hearing no further discussion
from the Commission regarding any of the comments made, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-221
A RESOLUTION AUTHORIZING OUTSIDE COUNSEL, RICHARD THORNTON
OF THE LAW OFFICES OF THORNTON, DAVID AND MURRAY, P.A., TO
FILE OFFER OF JUDGMENT IN THE AMOUNT OF $50,000 AND IF
'.-
SAID OFFER IS ACCEPTED, THIS RESOLUTION SHALL SERVE TO
AUTHORIZE AND DIRECT THE DIRECTOR OF THE DEPARTMENT OF
FINANCE TO PAY $50,000 TO JOSE FERNANDEZ IN FULL SETTLE-
MENT, INCLUDING LEGAL COSTS AND ATTORNEYS FEES OF THE
LAWSUIT FILED AGAINST THE CITY OF MIAMI AND CERTAIN FORMER
CITY EMPLOYEES; SAID CASE HAVING BEEN FILED IN THE CIRCUIT
COURT IN AND FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
DADE COUNTY, FLORIDA AS CASE No. 81-4123 (01); AND SAID
;.,x.
PAYMENT TO BE MADE UPON THE EXECUTION AND FILING OF THE
APPROPRIATE SETTLEMENT DOCUMENTS IN SAID LAWSUIT.
+
(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.
dT Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
_ M'r
64. DISCUSSION REGARDING STATUS OF LABOR NEGOTIATIONS (POLICE, SANITATION AND
FIRE DEPARTMENTS) (See label #58).
Mayor Suarez: Why don't we take up the status of labor negotiations.
Mr. Odio: OK. Mr. Mayor, let me take police first. Fraternal Order of...
We...
Mayor Suarez: Quick on that one, we have a pretty good idea...We have had
executive...
Mr. Odio: It will be one second. They are going to ratify or not ratify it
on Monday, the union is taking it to their members on Monday. So, we will
know after that whether they accept it or not, the offer that we made to them.
I don't know if Ken Nelson wants to add anything to that.
Mr. Ken Nelson: I just wanted to say that we do have a tentative agreement,
that the ratification is Monday, and we would like to especially, thank, Cesar
Odio who made it all possible at this time.
Mayor Suavest What is the principle point of potential contention with the
membership? I think you stated it to me privately. I would like to just have
you report on it.
Id 171 !larch 18, 1986
Mr. Nelson: That was some concern over the urinalysis testing and we are
addressing that. We are trying to develop some type of procedure.
Mr. Odio: It will be a urinalysis of blood testing......
Mayor Suarez: And you expect that still to be potentially a problem with the
members of...
Mr. Nelson: For the record, my name is Ken Nelson. I am the president of the
F.O.P. We will know more by Monday. We have to go out and we have to go out
to our membership and advise them exactly what the contract is and we will get
a feeding from them at that time.
Mr. Plummer: So, then for the record it is my understanding the tentative
agreement with the Fire Department...
Mr. Odio: No, with the Police.
Mr. Plummer: Oh, with the Police Department is three and four...
Mr. Odio: Four and three.
Mr. Nelson: Four and three.
Mr. Plummer: Four and three retroactive back to January.
Mr. Odio: Correct.
Mr. Plummer: And that there will be a contribution to their insurance this
year of twenty percent,...
Mr. Odio: Correct.
Mr. Plummer: ...and next year twenty-three percent.
Mr. Odio: Twenty-three, correct.
Mr. Plummer: Did they receive any other benefits?
Mr. Odio: No, the status quo contract.
Mr. Plummer: Excuse me.
Mr. Odio: We have the same contract as we had before, except they accepted
the drug testing and they might...I don't know what...
Mayor Suarez: What are the three circumstances as long as we are into that?
Ms. Kennedy: Yes, what are the conditions on the drug testing?
Mayor Suarez: The three circumstances for the drug testing?
Mr. Odio: We give them some clothing allowances.
Mr. Nelson: Yes, there is a little increase in clothing allowances.
Mr. Odio: Yes, OK. But that's under five thousand dollars.
Mayor Suarez: The circumstances for drug testing are, if they are involved in
an accident...
Mr. Nelson: The first one is at the annual physical, the second one is...
Mayor Suarez: A car accident.
Mr. Nelson; ... when directed by a staff officer when there is reasonable
belief, based upon objective factors that they are under the influence of
something, and the third one is when they are involved in a vehicle accident
on duty, or going to and from work in either a non -duty or an off -duty capaci-
ty, because the City has been responsible for portal coverage in the past, and
that's again, when there is a reasonable belief that under objective factors
that they are under the influence of something.
E-
ld 172 March 10, 1906
Mr. Odio: We have also...we are discussing at this point, the procedures...
we are going to align procedures on how you do the testing, that's only the
language in the agreement, but there will be written procedures on how we
follow up with the testing. I'm very proud of the police officers to have I=
accepted that. They are to be admired. I want them to know that I ---Chief
Dickson, told me that he is going to announce to his men that the officers
will be taking the drug test voluntarily. So, all the command officers will
be taking that test. Thank you. Thank you, Ken.
Mr. Nelson: Thank you.
Mayor Suarez: Thank you, Ken.
Mr. Plummer: Can we take Sanitation next?
Mr. Odio: Let's take Sanitation next, because we have made no progress
whatsoever. We have not met with Sanitation. We would like to do so. I was
trying to get the Fire Department out of the way today, but unfortunately, we
couldn't finish it. So, if Mr. Smith would allow us to meet with him after we
conclude the Fire Department or if he wants to meet tomorrow, that's fine with
us too.
Mayor Suarez: Anything else you want to add to that, Bill?
Mr. Bill Smith: No, just that we haven't had a meeting in the last month.
The City made an offer, we made a counter offer and it sought of just laid
there and we are now at an impasse.
Mayor Suarez: What was the counter offer?
Mr. Smith: Well, we made an offer of the same thing that they gave to the
general employees of five and three, and the same amount of money that they
contributed to the general employees insurance, that we get the same thing,
and that's where we are at.
Mayor Suarez: What's the insurance on general employees? Is that compatible
to the...
Mr. Odio: Well, let me tell you where we got off with Sanitation. They
wanted whatever we were offering them, which was the three and three percent,
plus whatever the Police and Fire got. For instance, they would now have
received the three percent for this year plus, the four percent that we
offered the Police officers and the Fire, and that was unacceptable to us.
Mayor Suarez: Ok, making a total of seven percent in the...
Mr. Odio: They would have made seven percent this year and six percent next
year.
Mayor Suarez: Anymore status reports? How about the day long negotiations
with the firefighters. Thank you, Bill.
Mr. Odio: The firefighters, I don't think we are that far apart. The four
and the three are acceptable. Mr. Kaplan, will explain that, if he wishes.
Mr. Joe Kaplan: Yes, there were so many issues on the table and with the help
of you, Cesar, and the Commission, and the Police, we have been able to
resolve the issues as follows: The contract will remain status quo, that is
the same contract going into this fiscal year will remain with some excep-
tions. The increase of twenty-five percent January lst... I'm sorry...
Mr. Odio: No, twenty and twenty-three. Twenty percent insurance this year,
twenty-three percent next year. That's exactly what the...
Mr. Kaplan: I thought I was joking.
Mr. Odio: The lawyers are....
Ms. Kennedy: You tried to pull a fast one, huh.
Mr. Kaplan; We are not going to get a twenty-five percent increase.
14 173 March 189 1986
IOS
Mr. Odio: I'm going to hire you as my lawyer, I tell you.
Mr. Kaplan: Sure. Well, we are going to get an increase on January 1st of
this year, another increase on October 1st of this year. It's a two year
«rN contract, which means you won't see us again until the summer of next
Y 8 year,
The ... an increase in insurance premiums retroactive from October 1st 1985, of
twenty percent and another increase of October 1, 1986, of twenty-three
s percent. The matter would have gone to bed there, except for one other issue
which remained on the table, and that is a request by the union for a forty-
eight hour work week. Don, will explain the significance of it, but we were
-, very happy to learn today that the reduction of the hours from 49.8 to 48 is
acceptable to the Manager, provided we can reach...Isn't that right, Odio?
Mr. Odio: Provided you give me something in return and that's where we are...
?' Mr. Kaplan: Yes, and what was proposed as we walked out and our negotiations
ended to come down here and discuss it with the Commission, what was proposed
was that we agree also with the drug program, and with some exceptions in the
language, which has been agreed to between the City and the F.O.P., we think
that we are in the ball park and we think we can work out an agreement on the
drug program. The other issue involved when the forty-eight hour work week
would go into effect and we are acceptable. It's acceptable to us to have the
forty-eight hour work week go into effect, not this fiscal year, but October
1st of this year, giving the department the opportunity to employ those
necessary people to man the days off, and the last issue which apparently hung
us up and it's the only issue which remains, is the question of a dollar
reduction in the starting pay for new firefighters. Now, right now in the
contract that the City has with the police, there is a trainee rate. The
trainee rate starts upon hiring and ends upon completion of the Police Acade-
my, which runs, I guess about four months or so and that trainee rate is five
percent under step one. Firefighters don't have a trainee rate. Our
firefighters go to the Fire College at step one, which obviously, then is five
t- percent higher than police officers. We ... Odio, wanted some money give backs
from us and asked us for a thirty percent reduction in the starting rate of
firefighters for one year. We have countered with the same as the police,
give us the same identical figures that the police have. In other words, we
will take the five percent reduction for starting pay for trainees, again, to
+ start in October 1, 1986, so that it wouldn't affect people who are now
aboard, and I guess that's where we broke off. We were unprepared to accept
rY2�` the thirty percent reduction in pay. We don't think it's good for the City.
We think that, that will bring your pay level for starting fire fighters below
the fire department of almost any other city in Dade County and I think it
would mean that you would be out of the competitive market. If people have to
'> figure out what department to go to and two jobs open to them, the best people
have always accepted Miami, because your starting pay was high and it was an
T= attraction. A thirty percent reduction, which amount to about a seven thou-
.
sand five hundred dollar reduction , is just too much.
Mr. Odio: May I say something for a minute?
Mr. Kaplan: Yes.
Mr. Odio: We asked for the thirty percent reduction on starting pay on new
members of your union, because they won't even be members when we hire them,
because that...
Mr. Kaplan: Effective October 1st.
Mr. Odio: ... would be the least ... where it least would hurt. We need the
money. The increase that we are giving you on the forty-eight hours is nine
hundred seventy-eight thousand a year. When we institute the forty-eight
hours it cost the City of Miami nine hundred seventy-eight thousand a year.
All we are asking back is on the new members coming in, is to give us three
hundred fifty thousand dollars. So, if you forget the thirty percent, what
I'm asking is of the nine hundred seventy thousand...Excuse me, Mr. Mayor.
Mayor Suarez: That assumes how many new hires, Cesar?
Mr. Odio: That assumes that...and by the way, we have been also negotiating
with the Chief, because he has got his own problems, too and he is the fire
expert and he is telling me "Well, if you go to the forty-eight hours, you
Id 174 March 18, 1986
will need thirty new people." So, we finally got him down to twenty-five and
now I finally got him down to twenty-one, and he is saying, "But if we go
below that of new hires, we will have to close two fire stations out and two
ladders and whatever else equipment they have in there." So. I don't want to
be responsible for some part of the City burning down or... the fact is that
we are giving you nine hundred seventy-eight thousand dollars and all I want
is three hundred fifty thousand back.
Mayor Suarez: We are not asking to make up the entire amount that it would
cost us?
Mr. Odio: No, three fifty out of the nine seventy.
Mayor Suarez: Even though we are changing the figure of the number of people?
Mr. Odio: That's correct. I tell you what...
Mayor Suarez: Doesn't that reduce the nine seventy-eight itself?
Mr. Odio: The twenty plus ... and this is where the seven...
Mayor Suarez: By a factor of a third right there.
Mr. Odio: No, let me explain, Mr. Mayor. We have to hire twenty new people
just to institute the forty-eight hours.
Mayor Suarez: Right.
Mr. Odio: On top of that we hire about thirty new people every year, that's
fifty. The fifty amounts to three hundred fifty thousand dollars savings.
Now,...
Mayor Suarez: Cesar, you are calculating twenty to make up for the shorter
week...
Mr. Odio: Sure.
Mayor Suarez:... and then thirty additional new hires that we need to have.
Mr. Odio: Now, what they are offering us is not the ten percent, I don't care
about the ... the percentage sounds good ---is that it's only forty thousand
dollars out of the nine hundred seventy thousand dollars. So, all I'm saying,
look, we are willing to give in, you want the forty-eight hours that bad, but
on new members coming on board let us have a reprieve of one year, and by the
way, at the end of that year, they would go right up to the first step, right,
to twenty-five thousand dollars. So, that's our position, Mr. Mayor, and
members of the Commission.
Mayor Suarez: It would be like a year of apprenticeship really, is what it
comes out to.
Mr. Odio: That's what we are saying, and then on top of that I'm still going
to have to talk to the Chief one more time and see how we can save some more
money, because we are short six hundred thousand dollars.
Mayor Suarez: Your counsel did a good job of explaining your side of it. I
don't...
Mr. Don Teems: All I want to do, Mr. Mayor .... first off, these are the
firefighters we are talking about, you know, those people that are out there
at 2:00 in the morning and 6:00 in the morning and 5:00 in the afternoon.
these are the guys. OK. It's not me, it's these guys. What we are asking
you to do and we can argue about the dollars, I don't agree with Cesar on the
dollars. I think the dollars are seven hundred ten thousand dollars for the
forty-eight hour week, not nine hundred ninety-eight. OK. But I'm not going
to argue with you about that. What I'm going to do is explain to you what we
are asking for with the forty-eight hour work week, and the forty-eight hour
work week would absolutely solve the contract. in my opinion.
Mr. 0dio: I agree.
ld
175 Mauch 18, 1986
Mr. Teems: Right now, we work four hundred eighty hours a year, more than any
other employee in this City, Police, general employees, anybody, what we are
c
asking you to do is let us work four hundred hours a year more than any other
s=
employee in this City.
y. We are asking you to reduce our excess by eighty hours
_-
a year per person, that's what we are asking you to do. We don't think it's
�rr
unfair. We think it's proper, Metropolitan Dade County has been there for the
last five years, half of three quarters of Broward County is there. We are
not asking you for something that's brand new and we think... and as far 8
the ability to pay goes, this City has never argued that we didn't have the
�+
money to implement it. Never. Now, as far as...
1 YyS _
Mayor Suarez: I'm sorry, on that particular point. What difference does that
make, that we have never argued that before if we have federal cuts that we
have never had before and if we have a 9.86 millage rate that we never had
before?
Mr. Teems: Because if the City of Miami says to me, "We don't have the money
Itr
Y
to pay for your forty-eight hour work week," then we can argue that, but they
don't.
'
Mr. Odio: See, but I don't want to argue. We will give you the forty-eight
hours, but you have to give me something back.
':.a.
Mr. Teems: The difference is ... and as far as the thirty percent...
Mayor Suarez: Well, this Commission...as far as the three members that are
OF
-
here is committed to go into executive session as quickly as we can get the
five of us and try to get this resolved, it sounds to me, I don't want tq
speak for anyone else, but it sounds to me like we are pretty close.
Ms. Kennedy: What else, Don?
t
Mr. Teems: The only thing that I would
like to say
to you, OK, is that
hey,
we have been doing
this sinc! April, we have been
without a contract
since
October. We don't
think that's fair.
We really
don't think that's
fair.
Now, I'm not blaming you or anybody else,
what I'm
telling you is we
don't
think we are being
treated fair, and if
you want to
have the executive
ses-
sion, I'm for that
if it will solve the
issue. But
we got to... let's
do it
-�_-.,
now, let's don't do
it next month. Let's
get it done
and get it over with
and
.U;0.
then come back here
and be finished with
it.
(APPLAUSE).
Mayor Suarez: I'm willing to do it Saturday. If it takes Saturday, I believe
that's when the next time all of us will be available.
Ms. Kennedy: I'm available any time.
Mr. Plummer: As far as I know, I am.
Mr. Teems: I think that's it, right. I do want you to applaud these guys. I
can't believe they have been so nice. They ain't that nice to me at a union
meeting, now, I can tell you.
(APPLAUSE)
Mayor Suarez: Thank you very much for the presentation. What items are key
to be resolved on the agenda, of the ones that we have got left? I don't know
how the rest of the Commission feels, but it's...
14 176 March 18, 1986
65. DESIGNATE MIAMI REVIEW TO PUBLISH ASSESSMENT LIENS.
Mr. Plummer: I move Item 46 for the designated newspaper as the Miami Review. _
Mr. Odio: We only need one paper.
Ms. Kennedy: Second.
Mr. Plummer: That's it. That's the legal paper.
Ms. Kennedy: It's the cheapest too. Second it.
Mr. Odio: It's the cheapest one too.
Mayor Suarez: And that's the one everyone that is looking for those notices
will look to, so it makes a lot of since to me.
Mr. Plummer: cost us a fortune. Call the roll.
Mayor Suarez: Does that mean that nothing will be advertised at all in the
Herald or News or any or the Miami...
Mr. Odio: Not on this particular item.
Mayor Suarez: Which is that?
Mr. Odio: Delinquent Special Improvement Assessment Liens.
Mr. Plummer: We can include Verdad if you want.
Mr. Odio: But we need to save the money on the... remember our budget is
pretty stringent by advertising in the Herald this year.
Mayor Suarez: Just delinquent special improvement assessments.
Mr. Odio: Yes, just on that on one...
Mayor Suarez: OK. We have a motion and a second?
Ms. Kennedy: Yes, we do.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-222
A RESOLUTION DESIGNATING THE NEWSPAPER IN WHICH THE NOTICE
OF SALE OF CERTIFICATES ISSUED BY THE CITY OF MIAMI FOR
DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS SHALL BE
PUBLISHED.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES; None,
ABSENT; Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
ld 177
March 18, 1906
66. A- DISCUSS DEFER PROPOSED RELOCATION OF BUSINESSES DISPLACED BY PUBLIC
ACQUISITION OF REAL ESTATE WITHIN LITTLE HAVANA POLICE SUBSTATION SITE;
B- DEFER OFFERS FOR PUBLIC ACQUISITION OF REAL ESTATE PROPERTY WITHIN
THE LITTLE HAVANA POLICE SUBSTATION SITE.
Mayor Suarez: Item 47?
Mr. Plummer: What's the policy you want to establish?
Mayor Suarez: I thought you were here on 47. I see.
Mr. Al Armada: Good evening. 47 and 48 are...
Mr. Odio: This is for the Police substations and that's ... if we need to move
F}#i
on that.
Mr. Armada: They are related items. They have to do with the acquisition of
real estate for the construction of the Little Havana Police Substation.
Mr. Plummer: We understand that. What's the policy?
Mr. Armada: Well, basically, the policy that we are bringing up here is that.
for instance, number one, establish the fact that we don't have relocation
assistance. Let's provide the property owners and the tenants with relocation
assistance, and number two, in excess or in addition to the appraised, highest
appraised value, let's provide them with a ten percent bonus. It's a little
higher than what our standard is, but if we don't provide them with a ten
percent bonus based on solely the appraised value, we are not going to be able
to get..e you know....
Mr. Plummer: No, sir, I won't go for that. I will take the two appraisals.
Mr. Armada: We have had the two appraisals.
Mr. Plummer: We will do the two appraisals. We will get an average and I
will give them ten percent above that.
Mr. Armada: Ten percent above the average?
Mr. Plummer: Yes, sir. That's the same policy as the State of Florida.
Mr. Odio: What are the appraisals?
Mr. Plummer: It's immaterial, I don't want to hear them.
Mr. Odio: No. but...
Mr. Plummer: I don't want to hear what they are. OK.
Mr. Odio: OK.
Mr. Plummer: I'm telling you you take the high... John, we just went up there
and went all through this in the State. You take the high and the low and we
will give them ten percent above that. Other than that, that's where I'm at.
Mr. Odio: Yes, sir.
Mr. Plummer: Now, how much relocation or no relocation?
Mr. Armada: There is going to be relocation involved, yes.
Mr. Plummer: And how much is that?
Mr. Armada; We can't determine that exactly and I have tried to...there is no
way that I can tell you precisely how much is involved because we have six
property owners. We have got twelve tenants. We have got three, uh bill-
boards. There is just no way that we could at this point assess the exact
Id 178 March 18, 1986
amount of that. I am anticipating about three hundred thousand to three
hundred fifty thousand in relocation costs.
Mr. Plummer: And you are paying one eighth for the entire parcel? Did I see
that figure some...
Mr. Armada: Yes, one eighth, basically, one eighth. That's the some of the
highest appraisal. Now, we are going to go down a little bit because you are
saying give us the average of the two. OK, and we are going to go there. OK.
But what you had here in terms of the total amount, the 1.775, was the sum of
the highest appraised value of the six parcels. You know, that will be
reduced .
Mr. Plummer: Is this Commission going to approve the relocation cost?
Mr. Armada: That's what resolution 47 is all about, approving the relocation
assistance based on federal uniform relocation standards, which is what we are
using in Southeast Overtown right now, and as well ten percent, as you have
basically changed it, to the average of the two appraised values, not ten
percent above the highest appraised value, but ten percent...
Mayor Suarez: You know, what they are saying out there in the private sector
of the real estate community, that it's a joke, that it's getting to be a joke
with condemnation situations. They are saying that the highest and best use
of land is to be condemned.
Mr. Plummer: Yes, especially, when you put appraisal cost on ... a relocation
cost.
Mayor Suarez: Is there any way that we could ask one...can you think of one
change, don't give me too many changes, in State law that would enable us to
acquire property a little less expensively in condemnation situations?
Mr. Charles Simon: Anonymously.
Mayor Suarez: But if you can think of something, please let me know, because
I will go straight to the legislature.
Mr. Plummer: You can't do it anonymously under the Sunshine Law.
Ms. Dougherty: There is a bill that's pending...
Mr. Plummer: I went to the Grand Jury over that.
Mr. Simon: The Mayor didn't ask me if it would be legal.
Mayor Suarez: OK. How about if we setup a trustee to acquire property or
something, so they don't even know who it is that's buying them or something.
There has got to be some technique.
Mr. Armada: Some kind of broker for the City or something like that?
Mayor Suarez: That uncovered head of yours, would you put it to work to try
to figure out something you can...
Ms. Kennedy: And I'm not like the Mayor, who wants to be an attorney for the
City. I do not volunteer for that.
Mayor Suarez: Commissioner Kennedy, has just volunteered to go to the State
Legislature and propose changes in the condemnation. Commissioners, what's
your pleasure on this item?
Mr. Charles Simon: Let me...can I just..* before you do that, may I make a
comment? Especially, to what Mr. Plummer ... my name is Charles Simon, and I'm
one of the owners of the properties that are involved in this. The City comes
to the owner of the property and makes an offer to them based on the apprais-
als. Number one, the appraisals are somewhat questionable, but that is not
for this Commission to decide.
Mayor Suarez: Wait a minute, wait a minute. You are the owner of the proper-
ty?
1.4 179 lurch 18, 1986
Mr. Simon: I'm one of the owners of one of the properties.
tY`ik,
Mayor Suarez: Do we.., with all due respect, and you seem like a heck of a
'
nice person, do we have to hear from the owner of the property on this proce-
' �-
duce at this point. I mean, it's bad enough that
P g you get to listen to every-
thing that we discuss on this. Do we have to listen to you too?
Mr. Simon: No, I'm making a suggestion of a problem that's arised and it's
y
directly answering, Mr. Plummer's...
Mayor Suarez: I mean, you are going to argue against us.
s�
Mr. Simon: Well, I'm going to tell you what the problem is, you do what
8 Y P you
x
M
like about it, I'm not going to suggest what you do about it. I'm just going
to tell you what the problem is and why I believe that it's necessary to have
an incentive program in this particular instance. The City is coming and
rtA -1
making an offer to purchase the buildings at a certain price, but they are
making a provision in their offer, that the owners of the property take care
of whatever costs is involved in getting rid of any leases that are on the
`M'= `•
property. Now, you might come in with a "X" amount of dollars for your offer,
which might be fair and acceptable to an owner, but when you make a provision
�;�:•
that he must a to et rid of leases that he has on the property, or go to
pay 8
'
condemnation, you are making it impossible for that offer to be accepted,
because in actual fact you are below the market value, you are giving "X"
minus whatever it cost for him. So, if you come in and give your offers and
say, "Hey, we will take the leases and we will take the problem with the
leases," then this amendment or this request from the acquisition manager
wouldn't be necessary.
Mayor Suarez: Save your arguments for court. We will hear from just about
anybody, but from a landlord that we are trying to condemn property before we
even begin the process is a bit much really.
Mr. Plummer: I'm safe where I am as far as the appraisals are concerned. I
am not going to give you Carte Blanche on relocating cost.
Ms. Dougherty: It will come back to you.
Mr. Plummer: What?
Ms. Dougherty: It come back to you anyway.
Mr. Odio: Well, you want us to bring it back to you?
Mr. Plummer: Yes, very definitely.
Mayor Suarez: I thought we had a formula that you wanted to propose. You
didn't?
Mr. Plummer: No, the formula is on the fee to be paid for the property. The
State...
Mayor Suarez: Oh, the relocation costs too?
Mr. Plummer: Yes, the same fee as used by the State.
Mayor Suarez: Sure.
Mr. Odio: We will bring it back to...
Mayor Suarez: Same formula.
Mr. Armada: OK. For the relocation, basically, you want us to come back on
each of the...
Mr. Plummer: I want•to be able to this Commission to be able to determine
that it's fair or not fair.
Mr. Armada: Sure. OK, sir.
Mr. Odio: Fine. Very well.
14 ISO March 189 1966
Mayor Suarez: Do we need to put that in the form of a motion?
Mr. Plummer: It's Item 47.
Mr. Odio: No, sir. I mean, you have to pass Item 47, then you have to amend
it?
Mr. Plummer: They don't have to pass Item 47 according to the Attorney,
because now you have got to bring it back to us.
Mayor Suarez: Right. So, we don't need to do anything with Item 47, it will
come back with modification in it.
Mr. Plummer: That also applies to 48.
Mr. Odio: How about 48?
Mayor Suarez: And that applies to 48 too, on the bonus policy?
Mr. Armada: Yes.
Mr. Plummer: Right.
Mr. Armada: No, no, 48 was the actual offers, but the offers that are listed
here on the six parcels are based on the highest appraised value.
Mayor Suarez: Taking into account that formula.
Mr. Odio: We have to come back with a new...
Mr. Gilchrist: We have to come back, yes.
Mayor Suarez: So, you have to recalculate those.
Mr. Plummer: Al, I will only say one thing. Have you considered what this
gentleman has said, because it maybe make some sense...
Mr. Armada: Yes, sir. Yes, it does, sir.
Mr. Plummer: ...that the City negotiate the lease rather than the owner?
Mr. Armada: We've discussed that. I will, of course, talk to all of the
property owners and most of the tenants involved. The reason for the bonus,
as a matter of fact, being a little too high, and I do consider it ten per-
cent, being above the highest appraised value to be a bit to high, is because
I have considered the complicated situations that are involved there. Mr.
Simon, in particular has a fifteen year lease running with one of his tenants.
The gentleman has basically refused to give him a disclaimer saying, "You
know, I have no rights over the real estate," which he does over the next
fifteen years. So, that's one of the reasons why we are saying, yes, we are
going to give you a high bonus, so that you can try to get a deal with your
tenant. We've studied the possibility, although, we haven't touched bases
with the Law Department, that it's possible that we may be able to acquire the
property from Mr. Simon, fee simple, while there is a lease remaining there,
and then try to condemn the lease holdinterest. That's a different story. We
have not yet...
Mr. Plummer: What you are talking about in round numbers right now, is two
million one.
Mr. Armada: Two million... a little bit more than that, two million two.
Mr. Plummer: OK. That leaves just about calling for even numbers, three
million to build and to staff that facility. Was it not five million for each
one?
Mr. Gilchrist: It's going to cost five million dollars to build and design
the Police station. This is monies beyond that if we do it. Each station is
costing us five million dollars the way they are planning to construct it,
including the design and everything.
Mr. Plummer: No, sir.
ld
181
!lurch 189 1986
A
yj
45... `-..+ x
A
Mr. Gilchrist: So, this if you do it, sir, is an addition of $2.2 million.
Mr. Plummer: Where is the money coming from?
Mr. Gilchrist: There is bond funds available in the Police Department. The
Chief has to speak for that .
Mr. Plummer: I think if you go back, you are going to find on the record,
that each substation was to be the same amount of money, and that they could
not exceed five million in total cost.
Mr. Gilchrist: That's correct, but I'm here to tell you that they were
designed each for five million.
Mr. Plummer: Well, then you have got to redesign the other one.
Mr. Gilchrist: The facility could not be a substation as it has been planned
by the Police Department for that...
Mr. Plummer: Well, I'm telling you that you know that there is a present
policy of this Commission that total cost for each facility shall not exceed
five million dollars, and if you are telling me you have got to ---that each
facility is five million, no way. You can't do it.
Mr. Gilchrist: Well, you realize if we take $2.2 million off, we cannot
really build the substation in the Little Havana.
Mr. Plummer: No, I don't realize that at all. I think you might have to
scale it down.
Mr. Gilchrist: We might call it a mini station then, sir.
Mr. Plummer: You might do that, but I think the policy of this...
Mayor Suarez: I will vote for that.
Mr. Plummer: Well, wait a minute now.
Ms. Kennedy: The Mayor, finally got his way.
Mayor Suarez: I will vote for that.
Mr. Plummer: Before you go to architectural renderings, don't waste my money.
Mr. Gilchrist: Yes, I understand. I understand.
Mr. Plummer: Don't waste my money.
Mr. Gilchrist: You mean working drawings, because renderings...
Mr. Plummer: I'm talking about whatever you are doing in that particular
station cannot exceed five million dollars.
Mayor Suarez: Yes, because there is really a lot of feeling on this Commis—
sion that maybe it was not even a good idea to do it in the first place, but
we certainly don't want to exceed whatever was approved by the voters.
Mr. Kennedy: Right.
Mr. Plummer: That's exactly correct.
Ms. Kennedy: I think that's a consensus of this Commission.
Mayor Suarez: So, scale it down.
Mr. Gilchrist: OK.
Mr. Odio: So, cut the walls down or something.
Mayor Suarers OK.
ld
182
March 18, 1986
10)
Mr. Gilchrist: I wish the Police Department was represented here somehow,
but...
Mr. Plummer: What do they have to be represented for?
Mr. Gilchrist:
To respond to whether the
fact...
Mr. Plummer:
They better respond to the
public who we speak to, and speak to
us, and they
set the policy. Not me.
Boy, you will have Dawkins off those
j
walls.
Mayor Suarez:
We are up to...
Mr. Plummer:
All right, are we ready to
go home? Let's go home.
Mr. Odio: Fine.
Mr. Plummer: Let's go home.
=; Mayor Suarez: There is one item that could not be handled...
Ms. Dougherty: Mr. Mayor. please.
Mr. Odio: 51 and 91 please.
.� (BACKGROUND COMMENT OFF THE PUBLIC RECORD).
Mayor Suarez: Is Commissioner Kennedy, still... Item 50, if we don't pass it
will cost us another reprinting, because each time it has to be... Is that
what you are telling me?
Mr. Rodriguez: To be updated each time.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD).
`r 67. PURCHASE OR CONDEMN LAND LYING BETWEEN N.E. 60TH STREET AND N.E. 71ST
. ���#f STREET (ON BISCAYNE BAY) TO BE USED FOR PARK AND/OR MARINA PURPOSES.
Ms. Kennedy: Mr. Mayor, we have another pocket item by the City Attorney,
just a cosmetic. "A resolution approving and authorizing the acquisition by
way of purchase or condemnation of the fee simple title...
Mr. Plummer: No, no.
Mayor Suarez: How does she get her way so much around here? Another pocket
item.
Mr. Plummer: No, pocket items.
Mayor Suarez: She has got the all time record. Why do we need to do this?
Ms. Kennedy: This is something that is just...
Ms. Dougherty: This is the same resolution you passed before. However, it
didn't...
Ms. Kennedy: And we passed it already, so...
Mayor Suarez: I have no problem with that. I'm just kidding.
Mr. Plummer: No, no, is it on the agenda?
Ms. Kennedy; So, move.
Mayor Suarez: Moved, do we have a second?
Mr. Plummer: You got the right to second it. You are not prohibited.
Id 183 March 18, 1986
All
t
A
s.
Mayor Suarez% I second it.
Mr. Plummer: Now, I can vote against it. Motion understood. The motion is
to buy this thing by condemnation. It's called the Pat Skubish Boat Yard.
Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-223
A RESOLUTION APPROVING AND AUTHORIZING THE ACQUISITION, BY
WAY OF PURCHASE OR CONDEMNATION, OF THE FEE SIMPLE TITLE
TO THE PARCEL OF VACANT LAND LYING BETWEEN NORTHEAST 69TH
STREET AND NORTHEAST 71ST STREET ON BISCAYNE BAY IN THE
CITY OF MIAMI, FLORIDA, WHICH PARCEL CONTAINS APPROXIMATE-
LY 8.541 ACRES AND WHICH IS MORE PARTICULARLY AND LEGALLY
DESCRIBED IN THE ATTACHED EXHIBIT 'A', TO BE USED FOR PARK
AND/OR MARINA PURPOSES; FURTHER AUTHORIZING AND DIRECTING
THE CITY ATTORNEY TO TAKE ALL NECESSARY STEPS TO ACQUIRE
THE FEE SIMPLE TITLE TO SAID PROPERTY BY CONDEMNATION
PROCEEDINGS; FURTHER RESCINDING RESOLUTION NO. 86-101
ADOPTED FEBRUARY 13, 1986 IN ITS ENTIRETY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
68. APPOINTMENTS TO CITY MIAMI LATIN QUARTER REVIEW BOARD (TESSI GARCIA,
CARLOS MENCIO, AND PELAYO FRAGA).
Ms. Kennedy: Real quick 54.
Mr. Plummer: Oh, boy.
Ms. Kennedy: No, this is just a second. We have...you and I have members to
appoint to the Miami Latin Quarter Review Board. I understand they can't make
as..
Mr. Plummer: Oh, I have got an appointment.
Ms. Kennedy: No, you don't. Dawkins, has two.
Mr. Plummer: No, I...
Ms. Kennedy: I have two and the Mayor has one.
Mr. Plummer: No, I have got a Planning Board member.
Ms. Kennedy: OK. The problem with this is that they cannot get anything
passed because they don't have a quorum.
Mr. Plummer: What item?
Ms. Kennedy: Item 54.
Mr. Plummer: No, mine is on the Zoning Board.
id
184
March 18, 1986
y�q.w
Ms. Kennedy: Yes, yours is Zoning. _
if.Ys�y t;lG?'
Mr. Rodriguez: Are we on 54 or 50?
A Ms. Kennedy: 54.
-
4.G�s.4
`1
Mr. Rodriguez: 54, in Latin Quarter there are five appointments, two by
Commissioner Dawkins, two by Commissioner Kennedy and one by Mayor Suarez,
Latin Quarter Review Board. -
! Mr. Plummer% OK.
Ms. Kennedy: OK, my appointments...
:z> !
Mr. Plummer:
On 58 a member...
Ms. Kennedy:
Wait, wait, my appointments are Tessi Garcia and Carlos Mencio.
Mr. Plummer:
Oh, I'm sorry. That's for the...
Mr. Rodriguez:
For 54?
Ms. Kennedy:
For 54.
Ms. Hirai: Commissioner,
could you please repeat the names.
Ms. Kennedy:
Tessi Garcia and Carlos Mencio.
Mr. Rodriguez:
We have been advised by the Law Department, that the fact that
Carlos Mencio's
application was late doesn't constitute any problem.
$S
Mr. Odio: Does
not?
Mr. Rodriguez:
Does not constitute any problem.
Mr. Odio: So,
why bring it up?
Mayor Suarez:
Each Commissioner has two appointments?
Mr. Rodriguez:
No, you have one appointment, Mr. Mayor.
iY4.Y `� ,LK'yF t
Mayor Suarez:
Oh, yes I know and I have got my nominee, which is architect
Ya
Pelayo Fraga.
Mr. Odio: Pelayo?
Mayor Suarez:
Fraga.
Mr. Rodriguez:
Pelayo Fraga, and you have to continue, if I may, the item for
tx>'3
Commissioner Dawkins to make the two appointments.
Ms. Kennedy: Fine. But at least this will give you a quorum .
Mr. Rodriguez: Right.
Mayor Suarez: We have got three nominee, moved jointly and seconded jointly,
can you please call the roll on those three nominees?
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-224
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF
MIAMI LATIN QUARTER REVIEW BOARD.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
id 185 March 18, 1986
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
69. APPOINTMENT TO ZONING BOARD. (GEORGE BARKET).
Mr. Plummer: Item 57, my nomination is George Barket.
Mayor Suarez: Is that...
Mr. Plummer: That's on the Zoning Board.
Mayor Suarez: Is that my George Barket, that goes to my parish?
Mr. Plummer: If he is yours I don't know that I make the nomination, and the
answer is "Yes".
Ms. Kennedy: Grove Towers.
Mayor Suarez: I don't like him actually.
Mr. Plummer: Well, that's all right.
Mayor Suarez: No, he collects at 9:00 mass. So, moved, do we have a second
on that appointment?
Ms. Kennedy: Yes, second, sure.
Mayor Suarez: Seconded, please call the roll on it.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-225
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE AS A
REGULAR MEMBER OF THE ZONING BOARD OF THE CITY OF MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Id
186
March 18, 1986
R
70. APPOINTMENT TO PLANNING ADVISORY BOARD.
(ELLA HADLEY).
TAB.
Mr. Plummer:
Mr. Carollo's
appointment on the Planning Board, he has asked me
s.i:t`''.,f:�.;
to nominate Mrs. Hadley, on
the Planning Advisory Board. That is his request.
Ms. Kennedy:
OK. I second
that.
Mayor Suarez:
I have never voted against
anyone's appointment, but are we
i
talking about
Mrs. Charles
Hadley?
Mr. Plummer:
Yes.
Mayor Suarez: How old is Mrs. Charles Hadley?
Mr. Plummer: Under a hundred.
Ms. Kennedy: She is not that old.
Mayor Suarez: Does she know... Do you know her? Does she know about plan-
.*
ning matters?
Mr. Plummer: She just got off the Civil Service Board.
Ms. Kennedy: Yes, I served with her on the Civil Service Board.
Mayor Suarez: Well, but Civil Service may be a little different.
":..
Ms. Kennedy: I don't know.
Mayor Suarez: Moved and seconded, call the roll.
`=
Mr. Plummer: How old is she?
¢"
Ms. Kennedy: She is not that old.
f+
Mr. Odio: Ninety-eight.
h'4
introduced by Commissioner Plummer, who
The following resolution was
moved its adoption:
RESOLUTION NO. 86-226
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE AS A
REGULAR MEMBER OF THE PLANNING ADVISORY BOARD OF THE CITY
OF MIAMI, FLORIDA.
., (Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
T Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
,a Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
.: Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
NOTE FOR THE RECORD: Commissioner Carollo, in his absence requested that his
nomination be made by Commissioner Plummer, and therefore, is being shown as
voting in favor of Item 58,
Id 187 March 18, 1986
71. APPOINTMENT TO SPORTS & EXHIBITION AUTHORITY. (MONTY TRAINER)
Mayor Suarez: The Sports Authority appointment, that's my appointment, right?
Ms. Kennedy% Yes.
Mayor Suarez: And I had nominated...
Mr. Odio: Monty Trainer.
Mayor Suarez:
...Monty Trainer.
Mr. Odio: Commissioner
Dawkins asked that,
that item be deferred.
Mr. Plummer:
What item?
•.
Mr. Odio: This
one —the Sports Authority.
Mayor Suarez:
76.
-`'
Mr. Odio: He
left it as part of that list.
Mr. Plummer:
Why would he do that, it's your
appointment.
Mayor Suarez:
Why would he do that?
Ms. Kennedy:
Are you sure he did?
"
Mayor Suarez:
Let's take a risk and vote on
it. If he has any problems with
it we will ...
he will bring it up and we will
consider it or whatever. I can't
4SM=,
imagine why he would. We have respected everyone
else' s appointments, so I'm
ready to vote
on it.
Mr. Plummer: All right. So, you are making that motion, Commissioner
Kennedy, seconds the motion with the full understanding that the matter could
be rebrought up at a later time, if necessary, by Commissioner Dawkins, or any
other Commissioner. Motion understood, call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 86-227
A RESOLUTION APPOINT AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Suarez: I assume that Commissioner Dawkins's objection was probably
directed at some other item, but...and I put that on the record, but if in
fact he has an objection I am sure he will ... we will reopen the item.
W 188 Marsh i8, 1986
THERE OEM NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, TKE
MSEr= WAS ADJOURNED AT 8:56 O'CLOCK P.M.
ATTWr:
Matte Sirai
CITE CLERK
id
Xavier L. Suarez
MAYOR
189
March 18, 1986
CI`Y OF ml ml
DOCUMENT
MEETING DATE
lump 44
q�E�Q.F1.0��p MARCH 18, 1986
INDEX -
COMMISSION RETR IEYAI
DOCUMEtR IDENTIFICATION AMON AND MF NO.
AMEND SECTION 3 OF RESOLUTION NO. 80-774
WHICH PROVIDES FOR THE ISSUANCE OF $30,000,000.
OF STREET AND HIGHWAY IMPROVEMENT BONDS
BY STRIKING TABLE OF MATURITIES; ETC...
AMEND SECTION 3 OF RESOLUTION NO. 80-774
WHICH PROVIDES FOR THE ISSUANCE OF $45,000,000.
OF SANITARY SEWER BONDS BY STRIKING TABLE
OF MATURITIES; ETC...
GRANT A REQUEST OF JOSEPH FRASCA TO DISPENSE
BEER/WINE IN CONNECTION WITH A WEDDING AND
RECEPTION (MARCH 22, 1986); ETC....
GRANT A REQUEST OF FRIENDS OF THE JAPANESE
GARDEN TO SELL BEER/WINE IN CONNECTION WITH
THE FOURTH ANNUAL SPRING FESTIVAL TO BE
HELD AT WATSON ISLAND PARK,APRIL 20-27, 1986.
GRANT A REQUEST OF CASA SANTA MARTHA THE
ORTIGUEIRA (SOCIAL CLUB) TO SELL BEER/WINE
IN CONNECTION WITH ITS ANNUAL PICNIC TO
BE HELD AT WATSON ISLAND PARK, APRIL 20,
1986.
GRANT A REQUEST OF REAL CLUB SOCIAL DEPORTI-
VO ESPANOL TO SELL BEER/WINE IN CONNECTION
ITS ANNUAL "ROMERIA" FAMILY PICNIC AND FESTI-
VAL TO BE HELD AT WATSON ISLAND PARK, MAY
4, 1986.
COLSE CERTAIN STREETS THROUGH VEHICULAR
TRAFFIC ON MARCH 28 AND 29, ON APRIL 4 AND
5, 1986 FOR A BLOCK PARTY.
AUTHORIZE TO EXECUTE/DELIVERY OF CERTAIN
CITY HOUSING BONDS OF 1984 ($30,000.) TO
REPLACE LOST BONDS.
ACCEPT BID OF TERRY PARKE TO FURNISH BLACK
SMITH/FARRIER SERVICE TO THE DEPARTMENT
OF POLICE ($7,600.); ETC...
86-174
86-175
86-176
86-177
86-178
86-179
86-180
86-181
86-182
I
I[iDOCU MENT•1 N DEX
CONTINUED
DOCUMENT IDENTIFICATION
ACCEPT THE BID OF RICHARD TEMPLETON ($7,800.)
AND KNOWLES ANIMAL HOSPITAL ($13,800.)
TO FURNISH TWENTY FOUR HOURS VETERINARY
SERVICES FOR MOUNTED PATROL HORSES AND
CANINE UNIT DOGS; ETC.....
ACCEPT BID OF ROENCA CORPORATION ($495,044.06)
FOR N.W. 47 AVENUE HIGHWAY INPROVEMENT B-4505
ACCEPT THE COMPLETE WORK OF CUYAHOGA WRECKING
CORPORATION ($148,816.64) FOR BAYFRONT PARK
AUDITORIUM - DEMOLITION.
ACCEPT PLAT OF MIAMI HONDA SUBDIVISION AND
ACCEPT THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF
CERTAIN IMPROVEMENTS.
AUTHORIZE OFFICIALS OF CITY OF MIAMI TO
ACCEPT SEVENTEEN DEEDS OF DEDICATION FOR
HIGHWAY PURPOSES; ETC...
NAME BLUE LAGOON PARK (5115 N.W. 7 STREET)
THE GENERAL ANTONIO MACEO PARK.
AUTHORIZE TO EXECUTE THE NIGOTIATE AGREEMENT
WITH ZUCHELLI HUNTER AND ASSOCIATES, INC.
TO PROVIDE SERVICES RELATED TO ECONOMIC
STUDY OF MIAMI RIVER.
ALLOCATE $4,500. TO COVER THE RENTAL COST
USING ORANGE BOWL STADIUM IN CONNECTION
WITH THE PROCESSING OF DOCUMENTS AND FINAL
SWEARING -IN CEREMONY (12,000 ON JULY 3,
1986).
ORDER FLAGAMI SANITARY SEWER IMPROVEMENT
SR-5511-C (CENTERLINE).
ALLOCATE $57,000 TO THE NATIONAL PUERTO
RICAN FORUM, INC. TO THE HEREIN NAMED SOCIAL
SERVICE AGENCY (IES). FURTHER AUTHORIZE
THE CITY MANAGER TO ENTER INTO AGREEMENT
WITH SAID AGENCY (IES).
AUTHORIZE THE BOARD OF COUNTY COMMISSIONER
OF DADE COUNTY FLORIDA TO ESTABLISH 15-
YEAR NON AD VALOREM SPECIAL ASSESSMENT FOR
METROMOVER.
N
:-
86-185
36-186
86-187
86-189
86-190
86-191
86-196
86-197
i
V_
OCUIOENT N DEX
CONTINUED
DOCUMENT IDENTIFICATION
ENDORS THE CONSTRUCTION OF A CHALLENGER
VII SHUTTLE MEMORIAL IN HONOR OF THE ASTRO-
NAUTS WHO HEROICALLY LOST THEIR LIVES.
PERMIT WALDEN WILLIAMS (SOLID WASTE DEPART-
MENT'S EMPLOYEE) TO PARTICIPATE IN THE HOME
RENOVATION AND REHABILITATION PROGRAM.
APPROVE AND AUTHORIZE $265,000. FROM DADE --
COUNTY, IN CONNECTION WITH THE 1986 MIAMI
WINTER GAMES.
CONFIRM ORDER RESOLUTION NO. 86-103 AND
AUTHORIZE THE CITY CLERK TO ADVERTISE FOR
SEALED BIDS FOR THE CONSTRUCTION OF ALLA-
PATTAH HIGHWAY IMPROVEMENT - PHASE II (DIS-
TRICT - PHASE II H-4507).
REQUEST DEPARTMENT OF TRANSPORTATION TO
GIVE CONSIDERRATION TO THOSE MERCHANTS LOCA-
TED ON S.W. 8TH STREET RE -PAVING PROJECT
AND TO EXPEDITE THE COMPLETION OF SAID
PROJECT; ETC...
ACCEPT COMPLETED WORK OF MIRI CONSTRUCTION,
INC. ($147,058.25) FOR ALLAPATTAH INDUSTRIAL
AREA HIGHWAY IMPROVEMENT PHASE II (BID "B");
ETC...
ACCEPT COMPLETED WORK OF M. VILLA AND ASSO-
CIATES, INC. ($1,297,570.) FOR EDISON HIGH-
WAY IMPROVEMENT - PHASE I - BIDS "A" & "C"
DISTRICT H-4494.
ACCEPT COMPLETED WORK OF P.N.M. CORPORATION
($369,011.62) FOR CITY-WIDE HIGHWAY IMPROVE-
MENT; ETC....
ALLOCATE $3,100 TO PURCHASE TICKETS TO BE
DISTRIBUTED AMONG UNDERPRIVILEGED AND SENIOR
CITIZENS FOR AN EVENT SPONSORED BY GOLD-
DIGGERS, INC. AT GUSMAN CULTURAL CENTER
(MARCH 21 - 23, 1986).
86-201
86-205
86-206
86-207
86-208
86-209
86-210
DOCUMENTINDEX
CONTINUED
l 1 DOCUMENT IDENTIFICATION I ��:�: .-
AUTHORIZE CUBAN MUNICIPALITIES FAIR CORPO-
RATION TO HOLD A FOUR DAY CARNIVAL (APRIL
10 -13, 1986) AT FLAGLER DOG TRACK, 401
N.W. 38TH COURT; ETC....
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT
IN THE FORM ATTACHED WITH C.P. TOWER L.T.D.,
ETC...
AUTHORIZE CITY MANAGER TO AMEND AGREEMENT
WITH THE MARTIN LUTHER KING ECONOMIC DEVELOP-
MENT CORPORATION DEALING WITH THEIR MORTGAGE.
AUTHORIZE TO PURCHASE FIVE PARCELS OF LAND
WITHIN SOUTHEAST OVERTOWN/PARK WEST REDEVE-
LOPMENT AREA; ETC....
ALLOCATE $1,000,000. TO BAYSIDE MINORITY
FINANCING PROGRAM TO PROVIDE ASSISTANCE
TO MINORITY ENTREPRENEURS IN LOCATING
WITHIN BAYSIDE SPECIALTY CENTER; ETC...
APPROVE THE APPOINTMENT OF COMMISSIONER
J. L. PLUMMER TO SERVE AS MEMBER OF THE
BOARD OF DIRECTORS OF MIAMI CAPITAL DEVELOP-
MENT, INC.
AUTHORIZE CITY MANAGER TO PURCHASE ONE
PARCEL OF LAND WITHIN THE SOUTHEAST OVERTOWN/
PARK WEST REDEVELOPMENT AREA; ETC....
RESCHEDULE THE SECOND REGULAR CITY COM-
MISSION MEETING OF APRIL, 1986 TO TAKE
PLACE ON TUESDAY, APRIL 22, 1986.
SET 2:00 P.M. AS THE TIME OF COMMENCEMENT
OF THE CITY COMMISSION MEETING OF 27, 1986.
CLAIM SETTLEMENT: JOSE FERNANDEZ ($50,000).
DESIGNATE THE NEWSPAPER IN WHICH THE NOTICE
OF SALE OF CERTIFICATES ISSUED BY THE CITY
OF MIAMI FOR DELINQUENT SPECIAL ASSESSMENT
SHALL BE PUBLISHED.
86-211
86-213
86-214
86-215
86-216
86-217
86-218
86-219
86-220
86-221
86-222
CONTINUED
DOCUMENT IDENTIFICATION
I _.._=`_=+"�"�
AUTHORIZE PURCHASE OR CONDEMNATION OF THE
PARCEL OF VACANT LAND LYING BETWEEN N.E.
69TH STREET AND N.E. 71TH STREET (ON BIS-
CAYNE BAY) TO BE USED FOR PARK AND/ OR
MARINA PURPOSES.
APPOINT: PELAYO GONZALEZ, ARCHITECT MEMBER;
TESSI GARCIA, RESIDENT, BUSINESSPERSON
OR CIVEC ACTIVIST AND CARLOS MENCIO, RESI-
DENT BUSINESSPERSON OR CIVIC ACTIVEST
TO THE CITY OF MIAMI LARIN QUARTER REVIEW
BOARD.
APPOINT: GEORGE BARKET TO SERVE AS A REGULAR
MEMBER OF THE ZONING BOARD OF THE CITY
OF MIAMI.
APPOINT: ELLA D. HADLEY TO SERVE AS A REGU-
LAR MEMBER OF THE PLANNING ADVISORY BOARD
OF THE CITY OF MIAMI.
APPOINT: MONTY TRAINER TO SERVE AS A MEMBER
OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
86-223
86-224
86-225
86-226
86-227