HomeMy WebLinkAboutCC 1986-02-13 MinutesT Y OF MIAMI
COMMISSION
MINUTES
OF METING HELD ON FEBRUARY 13, 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
FEBRUARY 13, 1986
ITEM SUBJECT
NO.
1 PRESENTATIONS, PROCLAMATIONS,
SPECIAL ITEMS.
2 COMMEND POLICE FOR PROPER HANDLING
OF DISTURBANCE IN HAITIAN
COMMUNITY.
3 CONSENT AGENDA.
LEGISLATION PAGE
NO.
PRESENTED 1-2
2/13/86
M-86-73 2
2/13/86
DISCUSSION 3-6
2/13/86
3.1
CLAIM SETTLEMENT - MINNA BENSON -
R-86-74
$13,500.
2/13/86
3.2
8TH ANNUAL COCONUT GROVE BED RACE -
R-86-75
STREET CLOSURE, ALLOW SALE OF BEER
2/13/86
AND WINE FOR ONE DAY.
3.3
MIAMI MAGIC CELEBRATION - AUTHORIZE
R-86-76
STREET CLOSURE AND SALE OF BEER AND
2/13/86
WINE AND FIREWORKS UNTIL 12:00
MIDNIGHT APRIL 19, 1986.
3.4
PERMIT FIREWORKS DISPLAY IN
R-86-77
CONNECTION WITH THE MIAMI FILM
2/13/86
FESTIVAL UNTIL 12:00 MIDNIGHT,
FEBRUARY 16, 1986.
3.5
BID ACCEPTANCE: AVIS RENT -A -CAR FOR
R-86-78
RENTAL VEHICLES., DEPARTMENT OF
2/13/86
POLICE - $171,780.
3.6
BID ACCEPTANCE: RIGHT SAFETY WARE
R-86-79
FOR VITON & BUTYL ACID ENCAPSULATED
2/13/86
SUITS & RELATED ITEM TO DEPARTMENT
OF FIRE, RESCUE AND INSPECTION
SERVICES - $15,319.88.
3.7
BID ACCEPTANCE: J & L FRED & SUPPLY
R-86-80
CO. AND HECTOR SUPPLY CO. FOR
2/13/86
FURNISHING ANIMAL FEED AND
SUPPLEMENTS TO THE DEPARTMENT OF
POLICE MOUNTED PATROL HORSES AND
CANINE UNITS - $32,509.37.
3.8
BID ACCEPTANCE: AGRI-VET
R-86-81
INTERNATIONAL, KNOWLES ANIMAL
2/13/86
HOSPITAL, NORDEN LABS AND PARAMEX
FOR FURNISHING FIRST AID TYPE
SUPPLIES & SPECIALIZED GROOMING
SUPPLIES FOR POLICE HORSES AND DOG
UNITS - $7,115.03
R.
R
7
7
7
0
0
0
T ir
3.9 BID ACCEPTANCE: STARDUST JANITORIAL R-86-82 9
FOR CUSTODIAL SERVICES AT THE 2/13/86
MANUEL ARTIME COMMUNITY CENTER
(LITTLE HAVANA) $22,734.60.
3.10 BID ACCEPTANCE: VALLE/AXELBERD & R-86-83 9
ASSOCIATES FOR PSYCHOLOGICAL 2/13/86
SERVICES TO THE DEPARTMENT OF
POLICE - $82,000.
3.11 BID ACCEPTANCE: HEAVY EQUIPMENT TO R-86-84 9
THE DEPARTMENT OF GENERAL SERVICES 2/13/86
ADMINISTRATION FOR USE BY VARIOUS
CITY DEPARTMENTS - $28,174.12.
3.12 BID ACCEPTANCE: JIM PEACOCK DODGE, R-86-85 9
INC. - $773,459.70 FOR 78 POLICE 2/13/86
PURSUIT VEHICLES AND REJECTING BIDS
FROM SIX BIDDERS.
3.13
BID ACCEPTANCE: B.K. MARINE
R-86-86
10
CONSTRUCTION - $31,150 FOR
2/13/86
WAINWRIGHT PARK - BULKHEAD REPAIRS
(SECOND BIDDING).
4
3.14
BID ACCEPTANCE: LANZO CONSTRUCTION
R-86-87
10
CO. - $265,191.00 FOR CITYWIDE
2/13/86
SANITARY SEWER EXTENSIONS
IMPROVEMENT N.W. 47 AVENUE.
3.15
DECLARE CLOSED AND ABANDONED
R-86-88
10
FOREVER CERTAIN UNNAMED,
2/13/86
UNDEDICATED UNIMPROVED AND NEVER
USED STREETS SHOWN ON PLAT OF
"ROBERT'S SUBDIVISION OF TWO
ACRES," PLAT BOOK "A" PAGE 21.
3.16
ACCEPT COMPLETED WORK OF MET
R-86-89
10
CONSTRUCTION, INC. FOR DINNER KEY
2/13/86
MARINA - ELECTRICAL IMPROVEMENTS -
$116, 587.
_
3.17
ACCEPT COMPLETED WORK OF COMMUNITY
R-86-90
10-11
ASPHALT CORP. FOR CITY WIDE
2/13/86
RESURFACTING PROJECT -
WYNWOOD/OVERTOWN/PARKWEST B-4499.
3.18
ACCEPT COMPLETED WORK OF TARGET
R-86-91
11
CONSTRUCTION COMPANY FOR CITY HALL
2/13/86
CONFERENCE ROOM - $189,154.83.
3.19
APPROVE COVENANT TO RUN WITH THE
R-86-92
11
LAND PROFFERED BY BEBER-SILVERSTEIN
2/13/86
& PARTNERS FOR NON STANDARD
CONSTRUCTION IN PUBLIC RIGHT OF
WAY.
3.20
AUTHORIZE ISSUANCE OF A SECOND
R-86-93
11
DUPLICATE LIEN SALE CERTIFICATE TO
2/13/86
REPLACE CERTIFICATE NO. 215 DATED
MAY 26, 1982.
3.21
FORMALIZE M-86-19 & AMEND R-85-1099
R-84-94
11-12
BY INCREASING ALLOCATION TO $35,000
2/13/86
TO COCONUT GROVE CARES, INC. IN
SUPPORT OF THE VIRRICK GYM YOUTH
BOXING PROGRAM & AUTHORIZING
AGREEMENT WITH SAID AGENCY.
r'
3.22
INVITE THE NATIONAL CONFERENCE OF
R-86-95
12
BLACK MAYORS TO HOLD ITS ANNUAL
2/13/86
r`
CONFERENCE IN DADE COUNTY IN APRIL,
"'
1987.
p
3.23 SUPPORT 1988 PUBLIC WORKS PROGRAM
OF THE STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
AUTHORIZE CITY MANAGER TO SUBMIT
SPECIFIC PROJECTS FOR CONSIDERATION
& TO SEEK FINANCIAL ASSISTANCE FROM
UNITED STATES ARMY CORPS OF
ENGINEERS.
R-86-96
2/13/86
3.24 AMEND R-85-473 ALLOCATING $50,000 R-86-97
TO THEODORE ROOSEVELT GIBSON 2/13/86
MEMORIAL FUND, INC. BY AMENDING
TIME PERIOD.
3.25 AUTHORIZE CITY MANAGER TO EXECUTE R-86-98
CONTRACT WITH GLADYS KIDD & 2/13/86
ASSOCIATES, INC. NIKKI BEARE &
ASSOCIATES, INC., A JOINT VENTURE,
FOR PROFESSIONAL PUBLIC
RELATIONS/MARKETING SERVICES FOR
PHASE I OF SOUTHEAST
OVERTOWN/PARKWEST REDEVELOPMENT
PROJECT.
3.26 AUTHORIZE LEASE AGREEMENT WITH HOPE R-86-99
PRESCHOOL, INC., TO OPERATE A 2/13/86
PRESCHOOL AND DAY CARE FACILITY AT
7561 N.E. 1 AVENUE.
12
12-13
13
13
ll
3.27
ACCEPT PROPOSAL OF DURBIN, PARKS
R-86-100
13
AND SAVEL TO LEASE & OPERATE THE
2/13/86
MIAMI SPRINGS COUNTRY CLUB DRIVING
RANGE AND PRO SHOP FACILITY
AUTHORIZE LEASE AGREEMENT FOR FIVE
YEAR PERIOD.
3.28
AUTHORIZE ACQUISITION BY PURCHASE
R-86-101
13-14
OR CONDEMNATION OF LAND BETWEEN
2/13,'86
N.E. 69TH STREET AND N.E. 71ST
STREET ON BISCAYNE BAY TO BE USED
FOR PARK AND/OR MARINA PURPOSES.
3.29
AUTHORIZE AGREEMENT WITH STATE OF
R-86-102
14
FLORIDA, DEPARTMENT OF STATE,
2/13/86
DIVISION OF ARCHIVES, HISTORY AND
RECORDS MANAGEMENT - CERTIFIED
LOCAL GOVERNMENT PROGRA-M,TO
PARTICIPATE IN FEDERAL HISTORIC
PRESERVATION PROGRAM.
4
ORDER ALLAPATTAH HIGHWAY
R-86-103
14-15
IMPROVEMENT -PHASE II H-4507.
2/13/86
5
ORDER CULMER HIGHWAY IMPROVEMENT H-
R-86-104
15-17
4520.
2/13/86
6
DEFER ITEM 26, RE WASTE COLLECTION
DISCUSSION
18-19
LICENSE FOR ANTHONY CILLIO, D.B.A.
2/13/86
d
ATLANTIC SANITATION SYSTEMS.
x
7
DEFER ITEM 31, RE LEASE OFFICE
M-86-105
20-22
SPACE AT NEW WORLD TOWER INSTRUCT
2/13/86
ADMINISTRATION TO LOOK IN BLACK
GROVE FOR POSSIBLE OFFICE SPACE TO
LEASE.
9
8
COPELAND COMPANIES AS CO-
R-86-106
23-27
ADMINISTRATOR OF CITY'S DEFERRED
2/13/86
COMPENSATION PLAN.
9
FUND MIAMI DADE TRADE AND TOURISM
M-86-107
27-29
COMMISSION INC. FOR SECOND QUARTER
2/13/86
"'
OR UNTIL MAY FIRST.
w
10
DISCUSSION OF FILM FESTIVAL FUNDING
DISCUSSION
29-34
(SEE LABEL 14).
2/13/86
11
ENDORSE POLICY TO ASSIST HAI'I'IAN
R-86-108
34-37
COMMUNITY IN NEED OF PRESENT
2/13/86
POLITICAL UNREST.
12
DISCUSSION OF $6,000,000 HOUSING
DISCUSSION
37-47
CONSTRUCTION BONDS. (SEE LABEL 39).
2/13/86
13
OPEN SEALED BIDS FOR CONSTRUCTION
M-86-109
47-49
OF N.W. 47TH AVENUE HIGHWAY
2/13/86
IMPROVEMENT B-4505.
14
COMMENTS RE FILM FESTIVAL
DISCUSSION
49-50
REPRESENTATIVE ALLEGATION THAT
2/13/86
COMMISSION REQUESTED TICKETS FOR
Y
FESTIVAL (SEE LABEL 10).
15
COMMENTS RE PROMOTIONS IN FIRE
DISCUSSION
50
DEPARTMENT EXCLUDED BLACKS (SEE
2/13/86
LABEL 19-A).
1
1.6
SECOND READING ORDINANCE: AMENDING
ORDINANCE
50-51
CODE RE "STREETS AND SIDEWALKS".
10077
Y
-:a
2/13/86
11
SECOND aEADING ORDINANCE: NEW
ORDINANCE
51-52
SPECIAL REVENUE FUND "PARK
10078
;t
DEVEL,C'CMENT FUND".
2/13/86
18
SECOND READING ORDINANCE: $75 FEE
ORDINANCE
52-53
FOR EMERGENCY MEDICAL
10079
TRANSPORTATION.
2/13/86
19.A
COMMENTS ON FTRE DEPARTMENT
DISCUSSION
53
PROMOTIONS (SFE LABEL 15).
2/13/86
19.B
FIRST READING ORDINANCE: NEW
FIRST
54
—
SPECIAL REVENUE FUND (HISTORIC
READING
'
PRESERVATION DOWNTOWN).
2/13/86
20
DEVELOPMENT AGREEMENT WITH INDIAN
R-86-110
54-57
RIVPR INVESTMENTS FOR PARCEL 46 OF
2/13/86
SOUTHEAS9' OVERTOWN PARK WEST
REDEVELOPMENT.
21
FIRST READING ORDINANCE: AUTHORIZE
FIRST
58
CITY MANAGER TO ISSUE BEER AND WINE
READING
SALE PERMITS FOl% SPECIAL EVENTS.
2/13/86
22
EMERGENCY ORDINANCE: AMEND
ORDINANCE
59-60
ORDINANCE 9939, CAPITAL
10080
IMPROVEMENTS.
23
BID ACCEPTANCE: WILLIAM PAVING
R-86-111
60-61
COMPANY FOR DOWNTOWN HIGHWAY
2/13/86
-
IMPROVEMENT.
24
BID ACCEPTANCE: MIRI CONSTRUCTION
R-86 112
61
INC. FOR BUENA VISTA HIGHWAY
2/13/86
IMPROVEMENTS - PHASE II B-4506 BID
25
BID ACCEPTANCE: M. VILA AND
R-86-113
62
ASSOCIATES, INC. FOR BUENA VISTA
2/13/86
HIGHWAY IMPROVEMENT - PHASE II B-
4506 BID "A".
26
WAIVING PROHIBITION AGAINST
R-86-114
62-64
TRANSACTION OF CITY BUSINESS WITH
2/13/86
FORMER EMPLOYEE LEAVING WITHIN 2
YEARS FOR HOWARD V. GARY.
rh
i
27
CANCEL CONSTRUCTION OF ROADS AREA
R-86-115
64-65
HIGHWAY IMPROVEMENT — PHASE I, AS
2/13/86
PER REQUEST OF CITIZENS IN AREA.
28
CONFIRM ASSESSMENT ROLL FOR
R-86-116
66
CONSTRUCTION OF AUBURN SANITARY
2/13/86
SEWER IMPROVEMENT SR-5475—C.
29
CONFIRM SUPPLEMENTAL PRELIMINARY
R-86-117
66-67
ASSESSMENT ROLL FOR KIRKLAND
2/13/86
SANITARY SEWER IMPROVEMENT SR-5478—
C.
30
CLOSE N.W. 7 STREET BETWEEN 1 COURT
R-86-118
67-68
AND 3 AVENUE FOR CONSTRUCTION OF
2/13/86
MALL IN OVERTOWN.
31
REQUEST INFORMATION RE MINORITY
M-86-119
68-74
ENTREPRENEURS TO LOCATE IN THE
2/13/86
BAYSIDE SPECIALTY CENTER.
32
RESOLUTIONS OF CONDOLENCES TO
CONDOLENCES
74
FAMILIES OF CHALLENGER CREW
2/13/86
MEMBERS.
33
R.F.P. FOR EXHIBITION HALL
R-86-120
75-85
FACILITY CREATE COMMITTEE. TO STUDY
21/13/86
POSSIBLE SITES.
34
DISCUSSION REGARDING DRAFT OF
M-86-122
85-95
R.F.P. ON MASTER PLAN FOR ENTIRE
2/13/86
MARINE STADIUM SITE ON VIRGINIA
KEY. (SEE LABEL 37).
fi
35
BEGIN R.F.P. PROCESS FOR PROMOTION
M-86-123
95-97
OF AMPHITHEATER AT BAYFRONT PARK.
2/13/86
36
APPROVE IN PRINCIPLE CITY HOUSING
R-86-124
97-100
CONSERVATION AND DEVELOPMENT
2/13/86
AGENCY.
37
RECONSIDER M-86-122, MASTER PLAN
M-86-1.25
100-106
FOR ENTIRE MARINE STADIUM SITE IN
M-86-126
VIRGINIA KEY BEGIN R.F.P. PROCESS
2/13/86
FOR UNIFIED DEVELOPMENT PROJECT FOR
MIAMI MARINE STADIUM. (SEE LABEL
#34).
38
DISCUSSION OF SCATTERED SITE
DISCUSSION
107-111
HOUSING FOR LOW/MODERATE INCOME
2/13/86
—
FAMILIES (SEE LABEL 41).
39
AUTHORIZE ISSUANCE OF $6—M IN
ORDINANCE
111-116
HOUSING CONSTRUCTION BONDS (SEE
10081
-L
LABEL #12).
2/13/86
40
FIRST READING ORDINANCE: AUTHORIZE
FIRST
117-120
a
ISSUANCE OF $40,000,000 OF SPECIAL
READING
CONSTRUCTION REVENUE NOTES.
2/13/86
t
41
CONTINUED DISCUSSION REGARDING
M-86-127
121-125
LOW/MODERATE INCOME HOMES TO BE
2/13/86
3
BUILT IN OVERTOWN START WITH
UNOCCUPIED OR VACANT SITES (SEE
a
LABEL #38).
v
42
DEFER CONSIDERATION OF PROPOSED
DISCUSSION
125-135
LEASE WITH CASINO ESPANOL FOR LAND
2/13/86
IN VIRGINIA KEY.
f f
43
MANAGER TO APPEAR BEFORE METRO
M-86-128
135-146
COMMISSION TO URGE THEIR, SUPPORT OF
2/13/86
THIS CITY'S EFFORT TO ASSIST
ELDERLY WITH THEIR NEED OF SAFETY &
SECURITY IN PUBLIC HOUSING.
44
RENAME PARADISE POINT MINI PARK TO
R-86-129
146-147
"MIAMI RIVER RAPIDS MINI PARK".
2/13/86
45
DISCUSSION REGARDING REQUEST OF
DISCUSSION
147-149
F.P.L. TO PLACE CERTAIN WIRING
2/13/86
UNDERGROUND.
46
DEFER DISCUSSION RE CONSULTANT
DISCUSSION
150-151
CONTRACT WITH SORG MARKETING GROUP.
2/13/86
47
GRAND PRIX AS EVENT FOR A PUBLIC
R-86-130
152
PURPOSE.
2/13/86
48
MARCH OF DIMES "WALKAMERICA": CLOSE
R-86-131
152-157
STREETS, WINE/BEER PERMIT, USE
2/13/86
PEACOCK PARK.
49
BUONICONTI FAMILY TO HOLD EVENT IN
R-86-132
157
PEACOCK PARK: WINE/BEER PERMIT.
2/13/86
50
APPROVE IN PRINCIPLE ADAPTIVE REUSE
M-86-133
158-161
OF HISTORIC COLA -NIP BLDG. BY NEW
2/13/86
WASHINGTON ' HEIGHTS COMMUNITY
DEVELOPMENT CONFERENCE.
51
A -GRANT $65,000 TO MISS. BLACK
R-86-134
161-165
COLLEGIATE PAGEANT B-DESIGNATE
R-86-135
CAROLLO AND DAWKINS AS DELEGATES TO
2/13/86
MISS. BLACK COLLEGIATE PAGEANT.
52
$165,000 LOAN TO NORTHEAST MIAMI
R-86-136
165-167
CHAMBER OF COMMERCE (NEMCC) FOR
2/13/86
REHABILITATION OF A COMMERCIAL
PROPERTY.
53
DEDICATION CEREMONY FOR MUNICIPAL
R-86-137
167-168
LOT #41 (GESU SCHOOL) SET FOR MARCH
2/13/86
13, 1986.
54
RESCUE MISSION: CREATIVE WAYS FOR
R-86-138
168-173
CREATING A FACILITY FOR HOMELESS.
2/13/86
55
DISCUSSION REGARDING ALLOCATION OF
DISCUSSION
173-175
$57,000 (FORFEITED BY NATIONAL
2/13/86
PUERTO RICAN FORUM) TO ANOTHER
SOCIAL SERVICE AGENCY.
56
FIRST READING ORDINANCE: YOUTH
FIRST
175-178
ADVISORY COUNCIL.
READING
2/13/86
57
CANCEL PRESENTLY EXISTING LEASE
•M-86-139
178-184
WITH OVERTOWN SHOPPING CENTER.
2/13/86
58
DISCUSSION AND DEFERRAL OF IMPACT
DISCUSSION
184-187
FEE ORDINANCE.
2/13/86
59
FIRST READING ORDINANCE:
FIRST
187-190
REGISTRATION OF LOBBYIST.
READING
60
PEOPLE WHO APPEAR BEFORE THE
M-86-140
190-191
COMMISSION MAY BE PUT UNDER OATH.
2/13/86
61
REFER TO MANAGER MATTER OF FIRE
DISCUSSION
191-193
DEPARTMENT UNIONS.
2/13/86
62
GRANT WINE/BEER PERMIT AND CLOSURE
R-86-141
193-194
OF STREETS FOR KIWANIS CLUB OF
2/13/86
LITTLE HAVANA "PASEO".
63
DAVID PLUMMER TO PROVIDE TECHNICAL
R-86-142
194-195
SERVICES IN PREPARATION OF A
2/13/86
DOWNTOWN PLAN AND DEVELOPMENT OF
REGIONAL IMPACT APPLICATION.
64
"ECONOMIC STUDY OF THE MIAMI RIVER"
R-86-143
195-198
BY ZUCHELLI HUNTER AND ASSOCIATES.
2/13/86
65
RELOCATION OF THE "PINE HEIGHTS
M-86-144
199-202
PARK: AS REQUESTED BY OPHTHALMOLOGY
2/13/86
RESEARCH FOUNDATION AND SOUTH
FLORIDA BLOOD SERVICE FOR JOINT
REPLATTING OF "MEDICAL
SUBDIVISION".
66
LITIGATION WITH MIAMI HERALD.
R-86-145
202
2/13/86
67
SUPPORT GWEN MARGOLIS BILL IN STATE
R-86-146
202-203
LEGISLATURE TO CHANGE D.D.A.
2/13/86
MILLAGE.
68
RESCHEDULE COMMISSION MEETING OF
R-86-147
203-204
FEBRUARY 27TH TO START AT 2:00 P.M.
2/13/86
69
AMEND AGREEMENT WITH HAITIAN TASK
R-86-148
204
FORCE, INCREASE FUNDS.
2/13/86
70
PURCHASE TWO PARCELS OF LAND WITHIN
R-86-149
205
OVERTOWN.
2/13/86
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAM1, FLORIDA
On the 13th day of February, 1986, the City Commission of Miami, Flori-
da, met at its regular meeting place in the City Hall, 3500 Pan American
J
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:01 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ABSENT:
ALSO PRESENT:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
Commissioner Joe Carollo*
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
An invocation was delivered by Mayor Xavier Suarez who then led those
present in a pledge of allegiance to the flag.
x
*Note: Commissioner Carollo entered the meeting at 9:14 A.M.
1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS.
1. Proclamation - Miami is Beautiful Day presented to Mr. Isidro Morera,
single member of this nonprofit organization founded to improve Miami in
the areas of beauty and cleanliness.
2. Recognition of second graders from the Carolton School in Coconut Grove.
3. Certificates of Appreciation presented to David Brust, coach of the
Golden Knights Tackle Football Team, and Nancy Bottin, Supervisor of West
End Park for their contribution to the Golden Knights Tackle Football
Team and the City of Miami Parks Department.
4. Commendations presented to Sergeant Richard Bohan, Officer John
Buhrmaster, Officer William O'Connor and Officer David Rivero for having
been selected as the Most Outstanding Officers of the Month for December,
1985.
5. Commendations presented to Officer Manuel DeLaTorriente and Officer Jorge
Garcia for having been selected as the Most Outstanding Officers of the
Month for January, 1986.
6. Proclamation proclaiming Lt. G. Lane Bradford Day presented to Lt. G.
Lane Bradford for having been selected as the Police Department's Out-
standing Administrative Officer of the Month for December, 1985.
7. St. Patrick's Day Proclamation presented to John E. Shield and Donald D.
Slesnick, co-chairmen of the St. Patrick's Day Parade and Celebration, in
recognition of this very important cultural event in our community.
8. Commendations presented to coach Mauro Bermudez and the members of the
Golden Knights Football Team for having represented the City of Miami
Parks and Recreation Department's West End Park and becoming national
`.d. champions in the first "National Hall of Fame Youth Bowl", celebrated in
Canton Ohio.
February 13, 1986
1
9. Recognition of the City of Miami Police Department for its handling of
the recent Haitian demonstration.
2. COMMEND POLICE FOR PROPER HANDLING OF DISTURBANCE IN HAITIAN COMMUNITY.
Mr. Carollo: Mr. Mayor, while we're deciding which of these items in the
Consent Agenda some of us might want to pull to look at closer, I'd like to
bring up a resolution that I think particularly since the letter from the
City Ndnager was read just a few minutes ago that it would be the appropriate
time to bring up now. And the resolution that I would like to bring up is a
resolution commending the Miami Police Department, its Chief and in particular
the officers that showed considerable restraint and professionalism in han-
dling the recent situation that we had in Little Haiti. At the same time, I
think we should include in this resolution of commendation the fine perfor-
mance by the commander out there at the time, Mr. Zamora. It is all too often
that we hear from all levels of our citizens, people demanding more police
protection, that we need more police but then every time that we have an
incident in this community the first thing that some do is criticize the
police and are immediately demanding that the police be investigated for
doing their duty and for acting like police officers and professionals. I
think that we finally have to reach a medium in this community whtre either we
want professional law enforcement or we want individuals that are going to be
the whipping boards of any special interest group any time something happens.
Since I have been sitting on this Commission for six and a half years approx-
imately, I have never heard but once anyone ever demand, any editorials, any
media demand that individuals that have attacked police officers, that have
attacked citizens in any kind of disturbance be investigated. It is always
immediately when something happens - investigate the police. Well, how can
we on one hand be always demanding that we need more police protection and
then at the same time every time these fine men and women go out and do their
job within minutes after they do their jobs we're criticizing them and demand-
ing that they be investigated. I think that by passing this resolution of
commendation that we will be showing that this Commission representing its
citizens does care and does show its appreciation for professionalism and
that we do back our police officers when they act like professionals and when
they show restraint. I so move this resolution.
Mr. Plummer: Second.
Mayor Suarez: It has been moved and seconded, any further discussion? Call
the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-73
A MOTION OF THE CITY COMMISSION COMMENDING THE CHIEF
OF POLICE AND THE MEMBERS OF THE CITY'S POLICE DEPART-
MEA'T FOR THEIR EFFICIENT, PROFESSIONAL, AND SENSITIVE
HANDLING OF THE RECENT DISTURBANCE IN THE HAITIAN
COMMUNITY.
Upon bring seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
February 13, 1986
3. CONSENT AGENDA.
FOLLOWING IS A GENERALIZED DISCUSSION WHEREIN THE CITY COMMISSION SEEKS TO
CLARIFY CERTAIN ASPECTS OF SPECIFIC CONSENT AGENDA ITEMS PRIOR TO PASSAGE AND
ADOPTION OF THE CONSENT AGENDA:
Mayor Suarez: Before the vote is taken on the Consent Agenda, which is items
1 through 37, omitting the ones that we have pulled out, is there anyone
present who is an objector or who wants to propose and be in favor of any of
the items on the Consent Agenda? Please step up, sir, state your name and
tell us which item you're concerned with.
Mr. Lou Mareno: My name is Lou Mareno with the U.S. Conference of Mayurs,
Item 36.
Mayor Suarez: Okay, why don't we pull that out and we'll vote on the rest.
Are there any objectors or proponents of any of the other items? Anne Marie?
Ms. Anne Marie Adker: I don't know whether I'm opposing or what, I need some
information on Item 24 and that information being the location of this Culmer
Highway Improvement.
Mayor Suarez: I'm going to pull that one out myself, Anne Marie, we'll ask at
the appropriate moment. Any other proponents or objectors to any of the other
items 1 through 37?
Mr. Carollo: Mr. Mayor, I'd like to pull 35 for clarification before we vote
on it.
Mayor Suarez: Any otner ones? Okay. Hearing no other objectors or propo-
nents of any other items than the ones that we have pulled, we can proceed to
take the vote on the Consent Agenda. Mr. Cather?
Mr. Don Cather: I'd like you to pass 15, 16 and 17 contingent upon the
passing of Item 44 which is the Capital Improvement Budget which appropriates
the funds for these jobs.
Mr. Dawkins: Well why would you stick this one - the Consent Agenda, contin-
gent upon something else passing some place else?
Mr. Cather: Because we're not allowed by law to award jobs for whicn we
haven't appropriated the funds, and 44 appropriates the funds.
Mr. Odio: You're correct.
Mr. Dawkins: That's my exact question.
Mayor Suarez: Yes, it was not a good idea to put on the Consent Agenda, but
it wasn't really Mr. Cather that did that, I don't think.
Mr. Cather: No.
Mr. Dawkins: I don't care who's fault it was, I still want to know why it was
done.
Mr. Odio: You're correct, Commissioner, we won't do it again.
Mr. Dawkins: Thank you.
Mayor Suarez: Okay, so items 15, 16, and 17, which are contingent on item 44
will also have to be pulled and I will now hopefully, be able to figure out
all the ones that have been pulled with Commissioner Plummer's help, I'm
sure.
Mr. Plummer: 7, 8, 12, 18, 23, 24, 26, 31, 35, 36.
Mayor Suarez: And 15, 16, and 17.
February 13, 1986
3
Mr. Plummer: Well, they've been pulled by the administration.
Mr. Carollo: Mr. Mayor, if I may, I could leave 35 on if I could just have a
quick answer. Mr. Manager, on the agenda package it says approving and
authorizing the acquisition by way of purchase or condemnation of the parcel
of vacant land lying between N.E. 69th Street and N.E. 71 Street. It is Item
35. Now, what I want to be completely sure, that we're not authorizing the
purchase of this land at any blanket price.
Mr. Odio: No, sir, we have an order from you before. We offered the nignest
appraised value and that is what we're going in with.
Mr. Carollo: And the highest appraised value which was what? $725,000?
Mr. Odio: Right.
Mr. Carollo: Okay, I just want to make that clear for the record.
Mr. Odio: If they do not accept that, we are asking for permission to pro-
ceed on eminent domain.
Mr. Carollo: All right, I'll leave 35 on the agenda then.
Mr. Dawkins: And I need cldrification on 7 and 8. What is meant by annual
renewal? Tnat is my only question? How are you going to award this annually?
I mean if you bid it this time what makes it all right to award it annually
without rebidding it?
Mr. Odio: This is a contract for one year and every year it has to go out for
bids again.
Mr. Dawkins: It says renewal annually, now upon what basis do you renew it,
just because they're good people?
Mr. Plummer: Usually what it is, it is usually a three year bid renewable
annually - three year prices renewed annually.
Mayor Suarez: What is the meaning of renewable annually terminology there in
item 7 and 8?
Mr. Art Mullins: It is an option that we like to give the bidders and the
City to renew or to extend without having to rebid if at the same prices,
conditions and terms and so forth.
Mayor Suarez: How many years?
Mr. Mullins: It isn't set.
Mayor Suarez: Well, we'd better approve just a one year contract here, I
don't think you can approve something that is open ended like that.
Mr. Plummer: That might be to our disadvantage, Mr. Mayor. If you're locking
in 1986 prices I don't think they're going to go down in 87 and 88, I think...
Mayor Suarez: If we could have the option to ourselves and not to them.
Mr. Mullins: Yes, sir.
Mayor Suarez: Is that what the contract calls for?
Mr. Mullins: Yes, sir.
Mr. Plummer: Sure, it is flexible both ways.
Mayor Suarez: From our perspective here on this Commission, we're only
approving one year but the contract calls for a renewability option and our
option.
Mr. Plummer: At the same prices.
Mr. Odio: If what I understand what he is saying, if the prices change and we
want to keep this contract, we can keep it at the same price.
February 13, 1986
4
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Mr. Carollo: The only clause that I think I would include from the
Commission's point of view and not in the contract, is that if we do intend to
renew it after the year is up that it will be brought back to the Commission
for final approval of the Commission.
Mr. Odio: We have to. We have to do that.
1
Mayor Suarez: This is just a contractual right that we are approving and it
is one that inures to our benefit. Can I just say something very quickly on
that item, Commissioner? Madam City Attorney, just for the record, my firm
represents, and I just noticed the item, Hector Supply Company in some mat-
ters, I see that the amount of money involved is rather small. There is no
conflict in my voting on this item just because my law firm represents Hector
Supply Company?
j
Mrs. Dougherty: Do you have an ongoing relationship with that company? Is it
a one time representation or are you the counsel for them at all times?
Mayor Suarez: I believe we're counsel constantly and permanently for the
parent company, yes.
Mrs, Dougherty: You should abstain.
Mayor Suarez: Thank you. Why don't we pull tnat one out then so we can take
a separate vote on that that I can abstain on.
Ms. Hirai: Mr. Mayor, what item would that be?
.9
Mayor Suarez: That would be item 7. Item 8 you're satisfied with, Commis-
s
sioner?
Mr. Dawkins: Yes, Mr. Mayor. Now I come to 12. I want to pull item 12 and
r
continue it to March 13th.
Mr. Odio: Commissioner, may I address that?
—
Mayor Suarez: Please go ahead. Any time we want to continue something I like
to know why.
Mr. Odio: The request for cars was reviewed by committees and there was about
a 278 car request, it was cut down to just the patrol cars. All the other
cars were not purchased, at a huge savings, I think it was two - and - a- half
million dollars. At the time that we decided to approve the 78 cars, I was
told by the Police Department that if we did not get patrol cars in this order
a
this year we would be in serious trouble patrolling the streets. They do have
a shortage of cars, they do break a lot of cars and we need to have this
number. If we lose this, the last day we have to order these cars is February
27th or we won't be able to order them this year. So I ask you to reconsider.
Mr. Dawkins: You can have them, but provide me with the following informa-
tion prior to March 13th - I'm going to give it to you, here it is : (1) I
want to know how many City Police Department vehicles leave the City limits
J
transporting employees home daily. (2) I want to know how many police pursuit
vehicles do we have, what is the ratio to the number of uniformed officers on
duty of each shift and the street officers not assigned to a desk, the total
amount of dollars spent in fiscal year 84-85 for gas and maintenance on those
vehicles that left the City limits and the approximate amount that would be
possibly saved if no vehicles are allowed to leave -the City limits except on
day to day City -related basis. You provide me with that and I will pass 12.
Mr. Odio: Okay. By March 13, sir? Yes, sir.
f
Mayor Suarez: Commissioner, do you still want that item pulled or are you
ready to vote?
9
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Mr. Dawkins: No, I'm ready to vote.
Mayor Suarez: Okay, we'll leave that one in then. Do you still have the
count, Commissioner Plummer?
j:
Mr. Plummer: Yes, the next one is 18 by Dawkins.
'!
February 13, 1986
5
Mayor Suarez: While we look at item 18, can we have a vote on the Consent
Agenda other than the items pulled? Do you want to take a vote on the Consent
Agenda other than this item so we can proceed a little bit more smoothly here?
Mr. Dawkins: All right, I move it.
Mayor Suarez: It has been moved. Do we have a second?
Mrs. Kennedy: Second.
Mr. Dawkins: I'm going to leave 18 in too, Mr. Mayor.
Mayor Suarez: 18 is back in the Consent Agenda. We have a move and a second.
Any further discussion? Please call the roll.
The following resolution were introduced by Commissioner Dawkins, second-
ed by Commissioner Kennedy and passed and adopted by the following voLe-
AYES:Commissioner Joe Cdrollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
j Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
3.1 CLAIM SETTLEMENT - MINNA BENSON - $13,500
RESOLUTION NO. a6-74
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
MINNA BENSON, WITHOUT THE ADMISSION OF LIABILITY, THE SUM
OF $13,500.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON
EXECUTION OF A RELEASE RELEASING THE CITY FROM ALL CLAIMS
AND DEMANDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.2 8TH ANNUAL COCONUT GROVE BED RACE - STREET CLOSURE, ALLOW SALE OF
BEER AND WINE FOR ONE DAY.
RESOLUTION NO. 86-75
A RESOLUTION CONCERNING THE 8TH ANNUAL COCONUT GROVE BED
RACE, WHICH IS TO BE HELD MAY 18, 1986, COSPONSORED BY THE
MUSCULAR DYSTROPHY ASSOCIATIONI AND THE CITY OF MIAMI,
DEPARTMENT OF PARKS AND RECREATION; CLOSING CERTAIN
STREETS TO THROUGH VEHICULAR TRAFFIC ON THAT DATE DURING
SPECIFIC HOURS AND ESTABLISHING A PEDESTRIAN MALL SUBJECT
TO ISSUANCE OF PERMITS BY POLICE AND FIRE DEPARTMENTS;
FURTHER ALLOWING THE SALE OF BEER AND WINE FOR A ONE (1)
DAY PERIOD UPON THE ISSUANCE OF A TEMPORARY PERMIT BY THE
FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
ALCOHOLIC BEVERAGES AND TOBACCO; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A ONE DAY CONCESSION AGREEMENT WITH THE
M.D.A. IN SUBSTANTIALLY THE FORM ATTACHED HERETO; SAID
AUTHORIZATION AND APPROVALS BEING CONTINGENT UPON 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.)
February 13, 1986
6
3.3 MIAMI MAGIC CELEBRATION - AUTHORIZE STREET CLOSURE AND SALE OF BEER AND
WINE AND FIREWORKS UNTIL 12:00 MIDNIGHT APRIL 19, 1986.
RESOLUTION NO. 86-76
A RESOLUTION CONCERNING THE MIAMI MAGIC CELEBRATION TO BE
CONDUCTED BY THE JUNIOR LEAGUE OF MIAMI, TO TAKE PLACE IN
DOWNTOWN MIAMI ON APRIL 19, 1986, AUTHORIZING THE CLOSURE
OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND
ESTABLISHING A TEMPORARY PEDESTRIAN MALL SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES AND ASSURANCES THAT THE
CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY;
ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING
THE PERIOD OF SAID EVENT; FURTHER AUTHORIZING THE SALE OF
BEER AND WINE IN CONNECTION WITH SAID EVENT, SUBJECT TO
THE ISSUANCE OF ALL STATE PERMITS; AND FURTHER RELAXING
THE LIMITATIONS ON THE DISPLAY OF FIREWORKS TO ALLOW THE
STAGING OF PYROTECHNIC DISPLAYS IN DOWNTOWN MIAMI UNTIL
12:00 MIDNIGHT ON APRIL 19, 1986, SUBJECT TO THE ISSUANCE
OF A PERMIT BY THE DEPARTMENT OF FIRE, RESCUE AND INSPEC-
TION SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.4 PERMIT FIREWORKS DISPLAY IN CONNECTION WITH THE MIAMI FILM FESTIVAL
UNTIL 12:00 MIDNIGHT, FEBRUARY 16, 1986.
RESOLUTION NO. 86-77
A RESOLUTION RELAXING THE TIME LIMITATIONS ON THE DISPLAY
OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS
IN DOWNTOWN MIAMI UNTIL 12:00 MIDNIGHT ON FEBRUARY 16,
1986 FOR THE MIAMI FILM FESTIVAL, SUBJECT TO THE ISSUANCE
OF A PERMIT BY THE DEPARTMENT OF FIRE, RESCUE AND INSPEC-
TION SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.5 BID ACCEPTANCE: AVIS-RENT-A-CAR FOR RENTAL VEHICLES„ DEPARTMENT OF
POLICE - $171,780.
RESOLUTION NO. 86-78
A RESOLUTION ACCEPTING THE BID OF AVIS-RENT-A-CAR FOR
FURNISHING APPROXIMATELY THIRTY FIVE (35) FULL SIZE RENTAL
VEHICLES TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED
COST OF $171,780.00; 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 THIS SERVICE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
f
February 13, 1986
7
I it
3.6 BID ACCEPTANCE: RIGHT SAFETY WARE FOR VITON S BUTYL ACID ENCAPSULATED
SUITS 6 RELATED ITEM TO DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES - $15,319.88.
RESOLUTION NO. 86-79
A RESOLUTION ACCEPTING THE BID OF RIGHT SAFETY WARE FOR
FURNISHING VITON 6 BUTYL ACID ENCAPSULATED SUITS AND
RELATED ITEMS TO THE DEPARTMENT OF FIRE, RESCUE AND IN-
SPECTION SERVICES AT A TOTAL PROPOSED COST OF $15,319.88;
ALLOCATING FUNDS THEREFOR FROM THE 1976 b 1981 FIRE BONDS;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THESE MATERIALS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.7 BID ACCEPTANCE: J S L FEED & SUPPLY CO. AND HECTOR SUPPLY CO. FOR
FURNISHING ANIMAL FEED AND SUPPLEMENTS TO THE DEPARTMENT OF POLICE -
MOUNTED PATROL HORSES AND CANINE UNITS - $32,509.37.
RESOLUTION NO. 86-80
A RESOLUTION ACCEPTING THE BIDS OF J b L FEED 6 SUPPLY CO.
AT A TOTAL PROPOSED COST OF $679.25 FOR FURNISHING ANIMAL
FEED AND SUPPLEMENTS TO THE DEPARTMENT OF POLICE -MOUNTED
PATROL HORSES AND CANINE UNITS ON A CONTRACT BASIS FOR ONE
(1) YEAR, RENEWABLE ANNUALLY, AT A TOTAL PROPOSED FIRST
YEAR COST OF $32,509.37 ALLOCATING FUNDS THEREFOR FROM THE
1985-86 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE
_Y
PURCHASE ORDERS FOR THESE SUPPLIES.
A
(Here follows body of resolution, omitted here
- :f
and on file in the Office of the City Clerk.)
3.8 BID ACCEPTANCE: AGRI-VET INTERNATIONAL, KNOWLES ANIMAL HOSPITAL, NORDEN
_ q
LABS AND PARAMEX FOR FURNISHING FIRST AID TYPE SUPPLIES 6 SPECIALIZED
GROOMING SUPPLIES FOR POLICE HORSES AND DOG UNITS - $7,115.03.
RESOLUTION NO. 86-81
z
A RESOLUTION ACCEPTING THE BIDS OF AGRI-VET INTERNATIONAL
AT A TOTAL PROPOSED COST OF $4,880.69, KNOWLES ANIMAL
HOSPITAL AT A TOTAL PROPOSED COST OF $1,092.00, NORDEN
LABS AT A TOTAL PROPOSED COST OF $1,074.84 AND PARAMEX AT
A TOTAL PROPOSED COST OF $67.50 FOR FURNISHING FIRST AID
TYPE SUPPLIES AND SPECIALIZED GROOMING SUPPLIES FOR THE
POLICE HORSES AND DOG UNITS ON A CONTRACT BASIS FOR ONE
(1) YEAR, RENEWABLE ANNUALLY TO THE DEPARTMENT OF POLICE -
MOUNTED PATROL AND CANINE UNIT DOGS AT A TOTAL PROPOSED
COST OF $7,115.03; 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 SUPPLIES.
3
(Here follows body of resolution, omitted here
_ t
and on file in the Office of the City Clerk.)
3.9 BID ACCEPTANCE: STARDUST JANITORIAL FOR CUSTODIAL SERVICES AT THE
MANUEL ARTIME COMMUNITY CENTER (LITTLE HAVANA) $22,73,4.60.
i
4
February 13, 1986
8
RESOLUTION NO. 86-82
A RESOLUTION ACCEPTING THE BID OF STARDUST JANITORIAL FOR
FURNISHING CUSTODIAL SERVICES AT THE MANUEL ARTIME COMTIU-
NITY CENTER ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE
ANNUALLY TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRA-
TION AT A TOTAL PROPOSED FIRST YEAR COST OF $22,734.60;
ALLOCATING FUNDS THEREFOR FROM THE 1985-86 OPERATING
BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.10 BID ACCEPTANCE - VALLE/AXELBERD & ASSOCIATES FOR PSYCHOLOGICAL SERVICES
TO THE DEPARTMENT OF POLICE - $82,000.
RESOLUTION NO. 86-83
A RESOLUTION ACCEPTING THE BID OF VALLE/AXELBERD & ASSOCI-
ATES FOR FURNISHING PSYCHOLOGICAL SERVICES ON A CONTRACT
BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPART-
MENT OF POLICE AT A TOTAL PROPOSED COST OF $82,000.00;
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 THIS SERVICE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.11 BID ACCEPTANCE: HEAVY EQUIPMENT TO THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION FOR USE BY VARIOUS CITY DEPARTMENTS - $28,174.12.
RESOLUTION NO. 86-84
A RESOLUTION ACCEPTING THE BIDS OF TWO (2) SUPPLIERS AS
IDENTIFIED AND INDICATED ON THE ATTACHED TABULATION FOR
FURNISHING APPROXIMATELY 8 ITEMS OF HEAVY EQUIPMENT ON A
CONTRACT BASIS TO THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION FOR USE BY VARIOUS CITY DEPARTMENTS AT A
TOTAL PROPOSED AMOUNT OF $28,174.12; ALLOCATING FUNDS
THEREFOR FROM THE 1985-86 OPERATING BUDGET OF THAT DEPART-
MENT; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSIS-
TANT CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.12 BID ACCEPTANCE: JIM PEACOCK DODGE, INC.- $773,459.70 FOR 78 POLICE
PURSUIT VEHICLES AND REJECTING BIDS FROM SIX BIDDERS.
RESOLUTION NO. 86-85
A RESOLUTION ACCEPTING THE BID OF JIM PEACOCK DODGE, INC.
AND REJECTING BIDS FROM SIX (6) BIDDERS AND AUTHORIZING
THE PURCHASE FROM THE ABOVE SUPPLIER UNDER A STATE OF
FLORIDA CONTRACT AT A PROPOSED COST OF $773,459.70, FOR
FURNISHING APPROXIMATELY 78 POLICE PURSUIT VEHICLES ON A
CONTRACT BASIS TO THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION FOR USE BY THE POLICE DEPARTMENT; ALLOCAT-
ING FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGET OF
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION; AUTHO-
RIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
9 February 13, 1986
3.13 BID ACCEPTANCE: B. K. MARINE CONSTRUCTION - $31,150 FOR WAINWRIGHT
PARK - BULKHEAD REPAIRS (SECOND BIDDING).
RESOLUTION NO. 86-86
A RESOLUTION ACCEPTING THE BID OF B. K. MARINE CONSTRUC-
TION IN THE PROPOSED AMOUNT OF $31,150.00, BASE BID OF THE
PROPOSAL, FOR WAINWRIGHT PARK - BULKHEAD REPAIRS (SECOND
BIDDING); WITH MONIES THEREFOR ALLOCATED FROM "WAINWRIGHT
PARK RENOVATION" ACCOUNT IN THE AMOUNT OF $31,150.00 TO
COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.14 BID ACCEPTANCE: LANZO CONSTRUCTION CO. - $265,191.00 FOR CITYWIDE
SANITARY SEWER EXTENSIONS IMPROVEMEIT N.W. 47 AVENUE.
RESOLUTION NO. 86-87
A RESOLUTION ACCEPTING THE BID OF LANZO CONSTRUCTION CO.
IN THE PROPOSED AMOUNT OF $265,191.00, BASE BID OF THE
PROPOSAL, FOR CITYWIDE SANITARY SEWER EXTENSIONS IMPROVE-
MENT N.W. 47 AVENUE, WITH MONIES THEREFOR ALLOCATED FROM
THE "CITYWIDE SANITARY SEWER EXTENSIONS IMPROVEMENT"
ACCOUNT IN THE AMOUNT OF $265,191.00 TO COVER THE CONTRACT
COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CON-
TRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.15 DECLARE CLOSED AND ABANDONED FOREVER CERTAIN UNNAMED, UNDEDICATED
UNIMPROVED AND NEVER USED STREETS SHOWN ON PLAT OF "ROBERT'S SUBDIVISION
OF TWO ACRES", PLAT BOOK "A", PAGE 21.
RESOLUTION N0. 86-88
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY
3 OF MIAMI TO DECLARE CLOSED AND ABANDONED FOREVER THAT
CERTAIN UNNAMED, UNDEDICATED, UNIMPROVED AND NEVER USED
STREET SHOWN ON THE PLAT OF "ROBERT'S SUBDIVISION OF TWO
ACRES" RECORDED IN PLAT BOOK "A" AT PAGE 21 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.16 ACCEPT COMPLETED WORK OF MET CONSTRUCTION, INC. FOR DINNER KEY MARINA -
ELECTRICAL IMPROVEMENTS - $116,587.
RESOLUTION NO. 86-89
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MET CONSTRUC-
TION, INC. AT A TOTAL COST OF $116,587.00 FOR DINNER KEY
MARINA - ELECTRICAL IMPROVEMENTS; AND "AUTHORIZING A FINAL
PAYMENT OF $18,129.60.
(Herr follows body of resolution, omitted here
c and on file in the Office of the City Clerk.)
3.17 ACCEPT COMPLETED WORK OF COMMUNITY ASPHALT CORP. FOR CITY WIDE RESURFAC-
ING PROJECT - WYNWOOD/OVERTOWN/PARK WEST B-4499.
February 13, 1986
3 10
3
RESOLUTION NO. 86-9C.
A RESOLUTION ACCEPTING THE COMPLETED WORK OF COMMUNITY
ASPHALT CORPORATION AT A TOTAL COST OF $599,029.24 FOR
CITY WIDE RESURFACING PROJECT - WYNWOOD/OVERTOWN/PARK WEST
B-4499; AND AUTHORIZING A FINAL PAYMENT OF $62,61.0.96.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.18 ACCEPT COMPLETED WORK OF TARGET CONSTRUCTION COMPANY FOR CITY HALL.
CONFERENCE ROOM - $189,154.83.
RESOLUTION NO. 86-91
A RESOLUTION ACCEPTING THE COMPLETED WORK OF TARGET CON-
STRUCTION COMPANY AT A TOTAL COST OF $189,154.83 FOR CITY
HALL - CONFERENCE ROOM; AND AUTHORIZING A FINAL PAYMENT OF
$18,915.48.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.19 APPROVE COVENANT TO RUN WITH THE LAND PROFFERED BY BEBER-SILVERSTEIN b
PARTNERS FOR NON-STANDARD CONSTRUCTION IN PUBLIC RIGHT-OF-WAY.
RESOLUTION NO. ':36-92
A RESOLUTION APPROVING A COVENANT TO RUN WITH THE LAND
PROFFERED BY BEBER-SILVERSTEIN 6 PARTNERS FOR NON-STANDARD
CONSTRUCTION IN PUBIC RIGHT OF WAY; AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID COVENANT IN
SUBSTANTIALLY THE FORM ATTACHED HERETO ON BEHALF OF THE
CITY.
(Here follows body of resolution, omitted here
and on file in Lhe Office of the City Clerk.)
3.20 AUTHORIZE ISSUANCE OF A SECOND DUPLICATE LIEN SALE CERTIFICATE TO
REPLACE CERTIFICATE NO. 215 DATED MAY 26, 1982.
RESOLUTION NO. 86-93
A RESOLUTION AUTHORIZING THE ISSUANCE OF A SECOND DUPLI-
CATE LIEN SALE CERTIFICATE TO REPLACE A DUPLICATE LIEN
SALE CERTIFICATE THAT WAS ISSUED TO REPLACE ORIGINAL LIEN
SALE CERTIFICATE NO. 215 DATED MAY 26. 1982.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.21 FORMALIZE M 86-19 A AMEND R 85-1099 BY INCREASING ALLOCATION TO $35,000
TO COCONUT GROVE CARES, INC. IN SUPPORT OF THE VIRRICK GYM YOUTH BOXING
PROGRAM 6 AUTHORIZING AGREEMENT WITH SAID AGENCY.
am
RESOLUTION NO. 86-94
A RESOLUTION FORMALIZING MOTION NO. 86-19 OF JANUARY 9,
1986, AMENDING RESOLUTION NO. 85-1099, ADOPTED OCTOBER 24,
1985, AS AMENDED, WHICH ALLOCATED AN AMOUNT NOT TO EXCEED
$25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT
FUND TO COCONUT GROVE CARES, INC. IN SUPPORT OF THE
VIRRICK GYM SOUTH BOXING PROGRAM; BY AMENDING SECTION 1,
INCREASING THE ALLOCATION TO AN AMOUNT NOT TO EXCEED
$35,000 AND FURTHER AUTHORIZING THE CITY MANAGER TO EXE-
CUTE AN AMENDMENT TO THE GOVERNING AGREEMENT WITH COCONUT
GROVE CARES, INC., IN A FORM ACCEPTABLE TO THE CITY ATTOR-
NEY; FURTHER AMENDING RESOLUTION 85-1024, ADOPTED OCTOBER
10, 1985, WHICH ALLOCATED FUNDS NOT TO EXCEED $2,000 PER
MONTH FOR TWENTY (20) MONTHS FROM JANUARY 1, 1985 TO
SEPTEMBER 30, 1986, FROM SPECIAL. PROGRAMS AND ACCOUNTS -
CONTINGENT FUND, IN SUPPORT OF A REDUCTION IN RENTAL FEES
AT THE COCONUT GROVE EXHIBITION CENTER FOR COCONTUT GROVE
CARES, INC.; BY AMENDING SECTION 1, INCREASING SAID SUP-
PORT BY AN ADDITIONAL AMOUNT NOT TO EXCEED $40,000 WHICH
MAY BE APPLIED RETROACTIVELY FROM OCTOBER 1, 1985 TO
SEPTEMBER 30, 1986, WITH SAID ADDITIONAL AMOUNT TO BE
ALLOCATED FROM CONTRIBUTIONS - ENTERPRISE FUND.
(Herz follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.22 INVITE THE NATIONAL CONFERENCE OF BLACK MAYORS TO HOLD ITS A.ti'.1 AL
CONFERENCE IN DADE COUNTY IN APRIL, 1987.
RESOLUTION NO. 86-95
A RESOLUTION OF THE MIAMI CITY COMMISSION, JOINING WITH
THE CITY OF OPA-LOCKA, FLORIDA, AND DARE COUNTY, FLORIDA,
IN INVITING THE NATIONAL CONFERENCE OF BLACK MAYORS TO
HOLD ITS ANNUAL CONFERENCE IN DADE COUNTY IN APRIL, 198',.
(Here follows body of resolution, omitted 'here
and on file in the Office of the City Clerk.)
3.23 SUPPORT 1988 PUBLIC WORKS PROGRAM OF THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL REGULATION; AUTHORIZE CITY MANAGER TO SUBMIT SPECIFIC
PROJECTS FOR CONSIDERATION S TO SEEK FINANCIAL ASSISTANCE FROM UNITED
STATES ARMY CORPS OF ENGINEERS.
RESOLUTION NO. 86-96
A RESOLUTION EXPRESSING SUPPORT FOR THE 1988 PUBLIC WORKS
PROGRAM OF THE STATE OF FLORIDA DEPARTMENT OF ENVIROh'MEN-
TAL REGULATION; AUTHORIZING THE CITY MANAGER TO SUBMIT
SPECIFIC PROJECTS FOR CONSIDERATION UNDER SAID PROGRA4 AND
TO SEEK FINANCIAL ASSISTANCE FOR THEIR COMPLETION FROM THE
UNITED STATES ARMY CORPS OF ENGINEERS THROUGH SAID STATE
PROGRAM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
1
3.24 AMEND R 85-473 ALLOCATING $50,000 TO THEODORE ROOSEVELT GIBSON MEMORIAL
FUND, INC. BY AMENDING TIME PERIOD.
a
{
d
February 13, 1986
12
RESOLUTION NO. 86-97
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 85-473,
ADOPTED MAY 9, 1985, ALLOCATING $50,000 FROM FY-84-85
GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS: CONTINGENT
FUND TO THEODORE ROOSEVELT GIBSON MEMORIAL FUND, INC. IN
SUPPORT OF THE THEODORE R. GIBSON UNITY AND COMMUNICATIONS
CENTER, BY AMENDING THE PERIOD FROM NNE 1, 1985 - MAY 31,
1986 TO JULY 1, 1985 - JUNE 30, 1986.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.25 AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT WITH GLADYS KIDD 6 ASSOCI-
ATES, INC. NIKKI BEARS 6 ASSOCIATES, INC., A JOINT VENTURE, FOR PROFES-
SIONAL PUBLIC RELATIONS/MARKETING SERVICES FOR PHASE I OF SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT.
RESOLUTION NO. 86-98
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED BETWEEN THE
CITY OF MIAMI AND GLADYS KIDD b ASSOCIATES, INC./NIKKI
BEARE 6 ASSOCIATES, INC., A JOINT VENTURE OF TWO FLORIDA
CORPORATIONS, AT A COST NOT TO EXCEED $115,500 FOR PRO-
FESSIONAL PUBLIC RELATIONS/MARKETING SERVICES FOR THE
PHASE I PORTION OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOP-
MENT PROJECT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.26 AUTHORIZE LEASE AGREEMENT WITH HOPE PRESCHOOL, INC., TO OPERATE A
PRESCHOOL AND DAY CARE FACILITY AT 7561 N.E. 1 AVENUE.
RESOLUTION NO. 86-99
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
LEASE AGREEMENT, IN THE FORM ATTACHED HERETO, WITH HOPE
PRESCHOOL, INC. FOR A FIVE-YEAR PERIOD, TO OPERATE A
PRESCHOOL AND DAY CARE FACILITY AT 7561 N.E. 1 AVENUE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.27 ACCEPT PROPOSAL OF DURBIN, PARKS AND SAVEL TO LEASE 6 OPERATE THE MIAMI
SPRINGS COUNTRY CLUB DRIVING RANGE AND PRO SHOP FACILITY; AUTHORIZE
LEASE AGREEMENT FOR FIVE YEAR PERIOD.
RESOLUTION NO. 86-100
A RESOLUTION ACCEPTING THE PROPOSAL OF DURBIN, PARKS AND
SAVEL TO LEASE AND OPERATE THE MIAMI SPRINGS COUNTRY CLUB
DRIVING RANGE AND PRO SHOP FACILITY, AND AUTHORIZE THE
CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH DURBIN,
PARKS AND SAVEL TO OPERATE THE DRIVING RANGE AND PRO SHOP
FACILITIES AT THE MIAMI SPRINGS GOLF COURSE, FOR AN INI-
TIAL FIVE (5) YEAR PERIOD, WITH A FIVE (5) YEAR RENEWAL
OPTION AT THE CITY'S DISCRETION, At A MINIMUM ANNUAL
GUARANTEE OF $4,000 FOR THE DRIVING RANGE AND $3,000 FOR
THE PRO SHOP.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.28 AUTHORIZE ACQUISITION BY PURCHASE OR CONDEMNATION OF LAND BETWEEN N.E.
69TH STREET AND N.E. 71ST STREET ON BISCAYNE BAY TO BE USED FOR PARK
AND/OR MARINA PURPOSES.
February 13, 1986
13
RESOLUTION NO. 86-101
A RESOLUTION APPROVING AND AUTHORIZING THE ACQUISITION BY
WAY OF PURCHASE OR CONDEMNATION OF THE PARCEL OF VACANT
LAND LYING BETWEEN N.E. 69TH STREET AND N.E. 71ST STREET
ON BISCAYNE BAY IN THE CITY OF MIAMI, WHICH PARCEL CON-
TAINS APPROXIMATELY 8.541 ACRES AND WHICH IS MORE PARTIC-
ULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT -A',
TO BE USED FOR PARK AND/OR MARINA PURPOSES; FURTHER AUTHO-
RIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ALL NECES-
SARY STEPS TO ACQUIRE SAID PROPERTY BY CONDEMNATION PRO-
CEEDINGS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
3.29 AUTHORIZE AGREEMENT WITH STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION
OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT - CERTIFIED LOCAL GOVERN-
MENT PROGRAM, TO PARTICIPATE IN FEDERAL HISTORIC PRESERVATION PROGRV-1.
RESOLUTION NO. 86-102
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE
OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF ARCHIVES,
HISTORY AND RECORDS MANAGEMENT, RELATIVE TO THE CERTIFIED
LOCAL GOVERNMENT PROGRAM, TO PARTICIPATE IN THE FEDERAL
HISTORIC PRESERVATION PROGRAM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
4. ORDER ALLAPATTAH HIGHI:AY IMPROVEMENT -PHASE II H-4507.
Mayor Suarez: Item 23, Commissioner Dawkins wants this one pulled.
Allapattah Highway Improvements.
Mr. Dawkins: We, it says here funded by General Obligation Bond Funds for
$2.5 million dollars and yet, you go over here and you list properties that it
is going to be assessed against, and my concern is who pays the assessment for
the low rent housing project that you've got on page 3, and who pays the
assessment for Comstock Elementary School site?
Mr. Don Gather: The School Board pays for the Comstock Elementary site, by
permission, in other words they agree to pay that assessment and the low rent
would be assessed at whatever, whoever owns the property would be assessed
for that.
Mr. Dawkins: Who owns it, the City, HUD, the Federal Government or whom?
Mr. Cather: I don't know, but I can find that out for you, Commissioner, but
we've done this in many other areas.
Mr. Dawkins: All right, hold that up. Can you get that for me this after-
noon?
Mr. Cacher: Yes, I can get it for you in half an hour.
Mr. Dawkins: Move it, leave it in, he is going to bring in the information.
Mayor Suarez: Call the roll on 23. Any discussion? Call the roll.
February 13, 1986
14
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-103
A RESOLUTION ORDERING ALLAPATTAH HIGHWAY IMPROVEMENT -
PHASE II H-4507 AND DESIGNATING THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION
OF THE COST THEREOF AS ALLAPATTAH HIGHWAY IMPROVEMENT
DISTRICT -PHASE III H-4507.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
5. ORDER CULMER HIGHWAY IMPROVEMENT H-4520.
Mayor Suarez: Item 24 I had asked to be pulled out. Anne Marie, did you want
to address this item, 24? The Culmer Highway Improvement, or are you satis-
fled?
Ms. Anne Marie Adker: Of course, I'm not.
Mayor Suarez: Please go ahead. State your name and address.
Ms. Ann Marie Adker: I'm Ann Marie Adker, 407 N.W. 5th Street and that is in
Overtown. First I would like to know the location of the so-called Culmer
Highway.
Mr. Dawkins: Mrs. Adker, according to this it bays highway park, Spring
Gardens I g II, Spring Gardens corrected, Sunnybook and Sunnybook Second
Edition. What that means, I don't know.
Mayor Suarez: Do we have any street address at all down?
Mr. Dawkins: Yes, here is a map, Mrs. Adker, and it doesn't come anywhere
near Overtown.
Ms. Adker: Well, Spring Gardens, you know, for the benefit of the funds
coming in for community development, like everything else, was tagged on as a
part of Overtown. So they are a part of Overtown, I do know that, but, I want
to know where this highway is. You see...
Mayor Suarez.: I think that is just a description,
where it says highway
improvements, I don't think there is any highway.
It is just streets and
alleys. We don't have a super highway going through there now.
Mr. Cather: You see the rapid transit line goes along
this street nere. This
is the road that goes along the Sebold Canal after you cross Seventh Street,
the Humpback Bridge is here, the cleaners is here, you
go along this road here
and then the rapid transit crosses here and goes up
this way. This is the
section of highway improvement here, along here over
to the hospital area on
loth Avenue.
Ms. Adker: On, I see.
February 13, 1986
15
Mr. Cather: This is where the Community Development building is, underneath
the expressway. This is the Culmer area.
Ms. Adker: Now, I want to know. (Inaudible conversation) No, we don't have
a Culmer area. I am sick of this. I am sick of the City and the County
naming... We've got too many names in one community.
Mr. Dawkins: Pull 24 and continue it for a public hearing in the Culmer area
and the Overtown area, please.
Ms. Adker: Thank you - in the Overtown area. Thank you.
Mayor Suarez: Wait a minute, Commissioner, we've got a motion to continue
Item 24 pending public hearings. What kind of improvements are they, Don,
that are supposed to be done there?
Mr. Cather: These are standard highway improvements, rebuilding the streets,
putting in new drainage, sewers, rebuilding the curb and gutter. It is right
.
adjacent to the Culmer Metro Railroad Station.
A
Mayor Suarez: If we change the name or the title, does that solve part of
your problem, Ann Marie?
s
Ms. Adker: Yes, it does, because we've been trying for years to get rid of
A
that. You approved the name of Overtown, you remember.
Mayor Suarez: I understand. We fully understand a community that wants to be
r
called in a particular way and not have every other area in the world called
Culmer and if that is going to satisfy Ann Marie and Commissioner Dawkins, I
don't see any problem in that, do you?
Mr. Dawkins: The only problem is that you take Liberty City, you take
Overtown and you take Culmer and you use them as springboards for federal
dollars and don't a damn thing get done in those areas. That's our problem.
So quit using it. When you use it, make sure the funds you acquire are put in
that area. That's my problem, I don't know what Ms. Adker's problem is.
Mayor Suarez: It is almost a river improvement, it is right up close to the
river, as I can see it on the map. If we could change the name, that would be
_
very helpful, really.
Mr. Cather: We will, on the record...
Ms. Adker: (INAUDIBLE) Change the name and somehow allow us to know what
these allocations mean. What you did was you gave us an Overtown Advisory
Board, a board to advise the City of Miami and you made that the monitoring
mechanism for that particular area, and then most times when moneys were
allocated for everything we know nothing about it. I feel as though that is
how we get ripped off.
Mayor Suarez: We have the same problem in the roads area and called for
public hearings and we'll be voting on the item later today, but if you, Ann
Marie, knowing the area as well as you do, have any objections to these
improvements being done there because you think the people in the area might
not want those so-called improvements to be done, is that the case, or are you
satisfied now? Are you satisfied if we change the name?
Ms. Adker: Wait, hold it. Now, I am not going to be the scapegoat here for
the roads not being improved, I never said that.
Mayor Suarez: No, that was a separate public hearing which resulted, at least
in my estimation in my not wanting to vote for those improvements, but about
these here, are you satisfied with changing the name?
Ms. Adker: Yes, change that name, please. We would like some information on
that.
Where is the money coming from to do those
improvements? And you
fj
called
it a highway, is it a highway?
' 3}'
Mayor
Suarez: It's not a highway in the sense of an
expressway by dny means,
no.
Highway is a generic term there I think for
streets, avenues, etc.,
right?
February 13, 1986
-
16
Mr. Cather: Yes, sir. This will be referred to, if the Commission approves
it, as the Northwest 8th Street Road Highway Improvement and the funds are
from the $35,000,000 Highway Improvement Bond funds approved by the voters.
Mr. Plummer: Part of them.
Ms. Adker: Yes, I'm satisfied with that.
Mr. Cattier: What do you mean part of them?
Ms. Adker: As long as it isn't coming out of Community Development again.
Mr. Plummer: According to this you're assessing the property owners.
Mr. Cather: We always assess the property owners. We originally assessed the
property owners 100%. The last one came out to 16% to property owners.
Mr. Plummer: I said part of your funds are coming from the General Obliga-
tion, not all of them.
Mayor Suarez: Right, a valid clarification. Thank you, Ann Marie. Are we
ready to vote on it, Commissioner? Do we have a motion?
Mr. Dawkins: Move it.
Mayor Suarez: It has been moved, do we have a second? Please have a second.
Mr. Plummer: Second.
Mayor Suarez: Thank you. It has been moved and seconded. Any furtner
discussion? Call the roll on Item 24.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-104
A RESOLUTION ORDERING N.W. 8 STREET ROAD HIGHWAY
IMPROVEMENT H-4520 AND DESIGNATING THE PROPERTY
AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A
PORTION OF THE COST THEREOF AS N.W. 8 STREET ROAD
HIGHWAY IMPROVEMENT DISTRICT H-4520.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
February 13, 1986
17
1 .9
6. DEFER ITEM 26, RE WASTE COLLECTION LICENSE FOR ANTHONY CILLIO, D.B.A.
ATLANTIC SANITATION SYSTEMS.
Mayor Suarez: We had pulled out also Item 26, Commissioner Dawkins, I be-
lieve.
Mr. Dawkins: Mr. Ingraham, first I'm going to ask that the City Attorney draw
up a resolution for me that no more waste collection licenses be issued in
the City of Miami until we find out what we're doing. Mr. Ingraham, how long
have you been the Director of Solid Waste?
Mr. Joseph Ingraham: Three weeks, sir.
Mr. Dawkins: And in that three weeks time, will you explain to me the number
of accounts that you have retrieved and how you retrieved them and how they
left us.
Mr. Ingraham: There have been approximately six that have come back to the
City and basically it has come back through stepping up code enforcement and
actually going into commercial businesses in reference to violations and
giving them an opportunity to do what they have to or utilize the services of
the City of Miami. That is the bottom line.
Mr. Dawkins: And as you were retrieving these accounts, what did you find
out, that they were reimbursed for us not serving them?
Mr. Ingraham: Well, not just in these six, that's a part of the Code in
reference to, it has been taken care of by Treasury Management Division of the
Finance Department, but we found out as per the Code that there was a mecha-
nism there where the private sector could be reimbursed and many have been
reimbursed.
Mr. Dawkins: Were they reimbursed?
Mr. Ingraham: They were reimbursed.
Mr. Dawkins: To what extent of taxpayers' money did we pay people for not
hauling their garbage that you've determined up to now?
Mr. Ingraham: Commercially, I would say you're talking about in the millions
!
of dollars over the past years that we reimbursed to the commercial sector.
Mr. Odio: We were refunding to businesses, we were actually rewarding them
for dropping us, that is basically what we found.
_ ,
Mr. Ingraham: Definitely.
Mr. Odio: And there are 18,000 businesses in the City of Miami that are not
using our services and we want to do something about that too.
Mr. Dawkins: Madam City Attorney, will you draw me up a resolution and bring
r
it back this afternoon, that no more waste collection licenses be issued
including this one for commercial waste collection and that until we can get a
handle on attempting to make the Sanitary Waste Department self-sufficient.
Mrs. Dougherty: Yes, sir, it would be a moratorium on waste collection
licenses for a period of time and it would be my advice that you put a time
certain.
Mr. Plummer: Well wait a minute, I've got a question on that now.
Mayor Suarez: This is just a request for drafting ...
Mr. Plummer: I understand, let me go ahead.
Mayor Suarez: Fine, I'm clarifying too, in the process. Go ahead, Commis-
sioner.
18 February 13, 19.86
0 0
Mr. Plummer: To clarify, I don't know if this is a new business or an ongoing
business.
Mr. Dawkins: It is a says a new business and he's got two trucks.
Mr. Plummer: Well, what my concern is, if you put a moratorium, if others dre
involved that presently have clients and you don't give them a license to
operate, what happens to those clients that they have during the moratorium
period?
Mr. Odio: They have to use the Solid Waste Department.
Mr. Dawkins: This is only new applicants, J. L.
Mr. Plummer: Is this only for the new ones?
Mr. Dawkins: Yes.
Mr. Plummer: Oh, Okay.
Mr. Odio: Commissioner, if I may, I'd like to introduce, I don't know if you
have met Joe Ingraham before, officially, he is the Director of Solid Waste
and Gaston Arellano who is the Assistant Director of Solid Waste now, he comes
to us from Eastern Airlines, he is an industrial engineer with experience in
manpower use and equipment utilization.
Mayor Suarez: Thank you.
Mr. Plummer: So what are you doing, deferring 26?
Mayor Suarez: No, I believe you just, you don't have any objections to 26
per se, for the future you're requesting...
Mr. Dawkins: No, this one here is a new one. Isn't this a new application,
26?
Mr. Odio: Yes.
Mr. Dawkins: I want to deny it.
Mayor Suarez: Okay, you have a motion to deny it for the moment. It can
always be brought back up, I suppose. Okay, we have a motion to disapprove
item 26.
Mr. Plummer: I think you would be better off with a deferral until such time
as the study is completed.
Mr. Dawkins: So move to defer.
Mayor Suarez: It will probably have the same effect, but why don't we do it
that way. It has been moved to defer. We have a second. Any further discus-
sion? Call the roll.
Thereupon, the item was deferred by motion introduced by Commissioner
Dawkins and seconded by Commissioner Kennedy and passed and adopted unanimous-
ly.
19 February 13, 1986
7. DEFER ITEM 31, re LEASE OFFICE SPACE AT NEW WORLD TOWER; INSTRUCT AD`IIN-
ISTRATION TO LOOK IN BLACK GROVE FOR POSSIBLE OFFICE SPACE TO LEASE.
Mayor Suarez: Item 31.
Mr. Plummer: I'm asking that be deferred, I think it is too much money to
spend - $96,000 a year for rent, I think we can find something cheaper and I
think that I'd ask that at this time that be deferred.
Mayor Suarez: Whdt department is going to be housed there, or is housed
there, what is going on there?
Mr. Plummer: It is immaterial what department is housed there, it is $100,000
a year and I think that is more than what we can afford, and as far as I'm
concerned we look for something cheaper.
Mr. Odio: Can we explain?
Mayor Suarez: Oh, you definitely can explain because I want to know.
Mr. Plummer: Tell me why you can't get anything cheaper.
Mr. John Gilchrist: Well, first of all, it consolidates four separate depart-
ments into one space and it transfers those departments from that existing
building to another location so we're getting credit for that and so on. It
is $18 a square foot.
Mr. Plummer: Then you're using too much space and too much money.
Mr. Gilchrist: Sir, it is tight space but it is maybe too much money. It is
downtown, I doubt if we can find anything better than $18 a square foot there.
Mr. Plummer: I'm sure we can't. There is a lot of vacant property in down-
town.
Mr. Carollo: Why do we have to go downtown?
Mr. Gilchrist: I think it is $80,000 less than we are now paying in the
scattered four places.
Mr. Plummer: That doesn't make it right. I'm saying $100,000 a year is too
much money.
Mr. Herb Bailey: Well, Commissioner, you've obviously decided to defer this
and we probably can get a chance to discuss it later but if it is too much now
at $96,000, we were paying almost twice that amount before. We have reduced
the total rent for the agencies that we are consolidating by over $80,000.
Mr. Plummer: Well you might find yourself consolidated in with the DDA and
the Off -Street Parking Authority.
Mr. Bailey: We can't afford the DDA's rent.
Mr. Plummer: You might get it free.
Mr. Bailey: Well, now we can cake that.
Mr. Plummer: They might not be there.
Mayor Suarez: Herb, is this consolidation also effectuating bringing some
departments closer together physically?
Mr. Bailey: It is necessary, Mr. Mayor, because we nave taken four depart-
ments that were scattered around doing similar functions and brought them
under one director.
Mr. Plummer: I applaud you for that. I think that is a great idea.
February 13, 1986
20
Mr. Bailey: And in efficiency of operation we have to have them under one
roof so we can manage it more efficiently.
Mr. Odio: We are moving from an office that we were paying $50 a square foot
to an $18, I mean $50,000 a year - $21 to $18. They were here in Coconut
Grove in the Grand Bay Building. One part of the department is here, the
other one is in downtown, the other one is over in ...
Mayor Suarez: And what are the rates in this new building?
Mr. Odio: $18 as compared to $21.
Mayor Suarez: What is the lease term?
Mr. Odio: One year.
Mr. Plummer: It is renewable.
Mayor Suarez: By whose option?
Mr. Gilchrist: We're talking about 5 years at our option. We haven't negoti-
ated the final thing, but the rate is $18, yes, sir.
S Mayor Suarez: No escalation, no idea on that at this point?
Mr. Odio: The idea of being in downtown, this Capital Project Division,
Commissioner, was here in Coconut Grove, the biggest projects are in downtown
in Bayside and Overtown/Park West, so that is where they really should be, in
downtown.
Mr. Plummer: I ask that it be deferred that we can look into the matter and
try to find something cheaper.
Mayor Suarez: Mrs. Gibson, you wanted to say something about this item? Very
quickly, please.
Mrs. Thelma Gibson: Yes. Thelma Gibson, 3661 Franklin Avenue. I sit here
and I don't like to come to Commission Meetings because I could find all
kinds of things that could be done, but I really think we could give them some
space in the Black Grove for an office, and if they would consider that they
could talk to me after this meeting, because I just believe that the City has
spent all their money in areas that are not affected like our areas are and we
could help change some of our areas, and if you don't want the Black Grove
there is the Overtown Shopping Center where you moved that grocery store that
we could put some people and I just believe that the time has come that we've
got to consider other than Grand Bay and all these other, Mayfair and all
those other places.
Mr. Plummer: Is it true that you've offered property at $17.99 a square foot?
Mrs. Gibson: I will offer them some property at $10 a square foot.
Mayor Suarez: Did I hear $12.99?
Mrs. Gibson: I will give you $12.99 or $10.99, believe me. I want that in
the record.
Mr. Plummer: Well, let me tell you where I'm at so you'll understand it.
We're giving away today, on the agenda, for a good cause, a preschool, and
we're giving that away for $400 a year and that is a fire station that we
could actually have used that fire station at no cost other than renovation.
Now, you know, no one can argue politically or otherwise with motherhood and
preschool, it is a very important thing, but I think we have to worry about
our in-house as well and when you stop and figure that the City derives
revenue of $400 a year - just about a dollar a day - and we're turning around
and considering spending $100,000 for just one division, I think it nas got to
be looked at a little bit further. I see Roger Carlton getting up, I'm
scared.
Mayor Suarez: Okay, we have a motion to defer this item with I believe an
additional instruction that you look around for less expensive property,
possibly keeping in mind the Black Grove and other parts of the City that
could use this kind of commercial activity - governmental activity.
February 13, 1986
21
Mr. Plummer: Excuse me, Mr. Mayor, first I want discounted that we don't have
any square footage available in the City, that we don't have to pay any rent
at all. That's got to be discounted first.
Mayor Suarez: I would like to know that too before voting on an item like
this to make sure we don't have anything available. I presume we don't...
Mr. Plummer: Well, don't presume that.
Mr. Odio: Yes, sir.
Mr. Plummer: No, because I'll tell you something, if I were running this ship
and my profit depended on my bread and butter whetner I made it or I don't,
I'd find space. That's what I'm telling the administration. You've got a
building down on First Street and 9th Avenue not even being used. Tnat's
right, the Little Havana Activity Center, you've got the whole auditorium that
isn't even being used except for rare, rare occasions.
Mr. Odio: You mean you want to convert the auditorium into office SpdCe?
Mr. Plummer: Sir, I'm not trying to tell you what to do. I'm telling you,
you have a lot of space available, and before you go getting even a cheaper
rate to the public, I want to make sure that there is no City space available.
You nave the Miami Bridge and the Police Station. I don't know what they are
paying the City, but they are there more or less free of charge. I tell you
an even better one. Old Fire Station Number 2, on Miami Avenue and 14th
Street, the City owns it. I don't think the day-care is still existing there.
I want to make sure that there is no free real estate available. Free means
we own. I guarantee you if you send me out to do it, I'll find it. I'm just
asking you to do the same because you get paid a hell of a lot more than I do.
Mayor Suarez: We have a motion to defer this item with a variety of recommen-
dations.
It's been seconded. Any further discussion from the Commission?
Call the roll.
The
following motion was introduced by Commissioner Plummer, who
moved its
adoption:
-
MOTION NO. 86-105
A MOTION DEFERRING CONSIDERATION OF PROPOSED EXECUTION
OF LEASE AGREEMENT WITH I.R.E. REAL ESTATE FUNDS LTD.
(FOR LEASE OF OFFICE SPACE AT THE NEW WORLD TOWER
OFFICE BUILDING) TO A FUTURE MEETING; FURTHER IN-
STRUCTING THE ADMINISTRATION TO LOOK AROUND POSSIBLY
IN THE BLACK GROVE AREA, FOR SPACE WHICH IS LESS
EXPENSIVE TO LEASE.
j'
Upon
being seconded by Commissioner Dawkins, the motion was passed and
adopted by
the following vote -
AYES:
Commissioner Joe Cdrollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES:
None.
ABSENT:
None.
Mayor Suarez:
I might add that if at any time it appears to me that the City
needs this
space to funccion on an emergency basis, the Commissioners will be
surprised
to find that we'll call a special Commission meeting to make sure
that we can
approve new space and that they're going to have to take a little
time from
other activities, because the City has to move on co function. I
think the
instructions and suggestions are very good otherwise.
1"
y0
-1
February 13, 1986
22
3
8. COPELAND COMPANIES AS CO -ADMINISTRATOR OF CITY'S DEFERRED COMPENSATION
PLAN
Mayor Suarez: Item 36, Joe, state your name and address once again.
Mr. Lou Moreno: My name is Lou Moreno, representing the United States Confer-
ence of Mayors and Public Employees Benefits Services Corporation. The
address is 21000 N.E. 28th Avenue, Miami, Florida. Mr. Mayor, fellow Commis-
sioners, we're here to speak today reference to a resolution number 36 and
some language in the resolution reference to the U.S. Conference, adding
another deferred compensation program. The United States Conference of Mayors
competitively bid the program on a national level in such cities as Chicago,
Boston, Atlanta, Tampa, FL. Lauderdale, Hialeah are involved in the same
program as the program was bid on a national basis. When the program was
presented to the City of Miami for your consideration, the City of Miami also
at that time went out and went for a request for proposals. Those proposals
were analyzed by staff and by independent consultants of the City of Miami.
The recommendation to the City Commission was to adopt the United States
Conference of Mayor's Deferred Compensation Program, which the City did. The
one particular language reference to the resolution says that, whereas the
Copeland Companies have been recommended by various employees groups as an
alternative plan, one of the most important things in a deferred compensation
program is competition, because competition does keep the program competitive
and that's what you want. You want the best possible products for your
employees. Under the umbrella of the United States Conference of Mayor's
program, they have seven different companies and eleven different options that
are made available to your City employees. Every year the U.S. Conference of
Mayors Advisory Board does review the program. There was a letter. If I may
read it, not read it, but from the Sanitation Employees Association, basically
saying that they were briefed on the merits of deferred compensation and the
Copeland Companies. Well, I would like to have an opportunity to meet with
them and not only brief them, but give them a complete detailed analysis.
There was also a letter that was written in June of 1985 from the F.O.P.
talking about the Copeland Program. I have a letter here and it was also
mailed to you, Mr. Mayor, saying that presently the membership of the F.O.P.
has been offered. the public employees benefit services program, and that
they have heard nothing but praise from their members regarding the options
and the services rendered by Pepsco and we are quite pleased that their
members have the opportunity to participate in deferred compensation. We
have another letter here reference to AFSME. The employees unions of AFSME
have gone as far as endorsing the United States Conference of Mayors Program
and also the International Association of Firefighters has also written you,
giving you the opportunity of letting you know what they feel the track record
is of our program and the results that we have provided to the City of Miami
employees, where we have over 800 employees in the program. We have made a
long term commitment to the City of Miami. There is competition within the
seven different companies under the umbrella program of the United States
Conference of Mayors. The program was a proposal where we were selected. If
you were to add another company, that company should also be subjected to a
bid. We would just make a comment on that. We look forward to a long stand-
ing relationship in keeping the promises that we made three years ago and
standing on the results.
Mr. Dawkins: Mr. Dean, what is the policy dictated- by the Charter in refer-
ence to the City Commissioners telling the bargaining agents who they can
select for their personnel?
Mr. Dean Mielke: Mr. Dawkins, I don't think it's the Commission's job to
tell the unions who they can select.
Mr. Odio: You cannot.
Mr. Mielkv: I think more importantly, there is a fundamental question of
competition and I think that's what you are talking about here. The Copeland
people have asked to be considered. It was my understanding from the two
unions that had written that they were interested in having it applicable to
their members. What you are talking about is having a deferred compensation
plan available to all City employees who at their option, if they were to
1
23 February 13, 1986
elect to take it, they could. If tney don't, obviously, they don't. What you
are really talking about is competition.
Mr. Dawkins: So the Sanitation workers decided on their own that they wanted
Copeland. Is that right?
Mr. Mielke: It is my understanding... I have a memorandum....
Mr. Odio: Yes, sir.
Mr. Dawkins: Therefore, it's regardless of how much he goes back, if he can't
convince the Sanitation workers to change their vote, we can't do anything
about it. Is that right or wrong?
Mr. Mielke: I think that is basically correct, but it really....
Mr. Dawkins: Basically is good enough for me.
Mr. Moreno: Commissioner Dawkins.
Mr. Dawkins: No, no, you wait; I'll get to you. You just hold your horses.
So therefore, that is dead. Now the firemen and the policemen can choose who
they want. Is that right? Can they choose who they want or not?
Mr. Mielke: Yes, sir, but....
Mr. Dawkins: OK, fine, now, to you, sir. You have seven companies.
Mr. Moreno: Seven companies, eleven different....
Mr. Dawkins: How many of them are headed by a Black? Of the seven companies
that you work with are headed by a Black?
Mr. Moreno: I have never checked into those statistics.
Mr. Dawkins: Thank you. I have... I haven't either, but I'll tell you none.
Now, how much equity do Black people have in your organization?
Mr. Moreno: I do not have those figures, but we could present them at a later
date.
Mr. Dawkins: All right, Copeland is co -owned. They have a Black stockholder.
I don't know, but he's way up there in the top echelon. So it's time that we,
all of us, look at this when we decide if we're going to help each other,
that we do that. The sanitation workers looked at that, and they saw that
there's a bunch of Black people, they were going to help Black people and they
made that choice. If you come back here with some Blacks in the high echelon,
then I'm willing to listen to you.
Mr. Moreno: I'm sure that if you give us the opportunity, that the companies
that we do business with have Blacks in the top positions.
Mr. Dawkins: No, equity, see, we don't need a job. We need to be able to
retire and receive benefits.
Mr. Moreno: I would ask for the opportunity to present that so I can go back
and do some....
Mr. Dawkins: Ownership, don't tell me nothing about who works for you. Tell
me who owns part of your company and how much.
Mr. Moreno: I would ask for the opportunity to bring that back and forward it
to this Commission and let me research this. I would also like for the
opportunity to meet with the Sanitation Employees Association because to let
them know about our program.
Mr. Dawkins: Who gives that permission, the sanitation workers or us?
Mr. Mielke: You do, sir.
Mr. Dawkins: We give them the permission to meet with him?
February 13, 1986
24
4 0
Mr. Mielke: No, not to that extent, but they can't offer any program chat you
all don't approve for deferred compensation under the tax law. I think we're
getting off the track a little bit, as I understand.
Mr. Dawkins: No, we're on the track.
Mr. Mielke: No, I'm not suggesting that you're wrong. Wnat I'm trying to
clarify perhaps is that as I understand it, two of the employee organizations
have asked to have this program. What we're suggesting is that if there is
nothing wrong with competition, and that if you offer it, which is your rignt
to approve it. Certainly these people can belong or not belong. What they're
really asking for is an opportunity. Copeland is asking for an opportunity to
market their products to people.
Mr. Dawkins: I want him to understand that is his responsibility. He nas to
go over and if they tell him no, don't come back here to us; because tnere is
nothing that we cdn do about it. That's all.
Mayor Suarez: For the record, and to maybe clarify some of this, I think
we've gotten letters from, I know the F.O.P., and I know the Firefighters
Union, and I don't know about the Sanitation Union. To the effect that they
are satisfied with the current company. AFSME has written to what effect?
Mr. Moreno: To endorse our program.
Mayor Suarez: To endorse your program. Is AFSME precluded from selecting it
if we don't vote to include it as a co -administrator?
Mr. Mielke: If what you're being asked is to let all City employees wno arc
eligible to apply for deferred compensation, and that would mean either
anybody in any of those unions would have the opportunity, but it's the
individual choice, meaning, if their members didn't want it, they obviously
wouldn't have to take it. But if you don't pass it, then it means they nave
no....
Mayor Suarez: Wait, now you confused tnings a little bit. Individual choice
on a per union basis, or per individual basis.
Mr. Mielke: Per individual basis.
Mayor Suarez: If that union accepts that company as one that they want to
deal with.
Mr. Mielke: No, sir.
Mayor Suarez: Once we decided that each employee has an opportunity to deal
with whatever company he wants.
Mr. Plummer: They have the right to elect.
Mr. Odio: If you approve this, they will be able to choose between one or the
other.
Mrs. Kennedy: All we're doing is offering them a choice.
Mr. Odio: That is correct.
Mr. Plummer: That is exactly correct. What this gentleman is asking for is
to give his company the exclusive right. He is not going to get that, because
we are going to give an option. The City employees that are entitled to
deferred compensation can still choose his company. They have the alternative
of choosing another. We are not giving an exclusive right to any one compa-
ny.
Mayor Suarez: How can we, Mr. City Manager, embody that into a motion that
gets this result, because I think that is the consensus of this Commission.
Mr. Odio: If you pass this one, you arc doing just that. You are giving a
choice to the employees to pick whatever company they want.
Mr. Plummer: No, sir, we are not.
February 13, 1986
Mr. Odio: Between the two.
Mr. Plummer: Between the two is correct, or any other company that comes nerc
and gets approved by this Commission.
Mr. Odio: I'm saying between these two.
Mayor Suarez: At this point it would be between these two, but any otner
company, I guarantee you hearing the consensus of this Commission would also
be included.
Mr. Plummer: No, sir, not necessarily. It would depend on the packages.
Mayor Suarez: I'm predicting the future and I shouldn't do that. Why don't
we just go ahead and take a vote on tnis. We have a motion on the floor.
Mr. Erny Fannatto: Mr. Mayor, I'd like to speak to this.
Mayor Suarez: Better make it quick, Erny.
Mr. Fannatto: Erny Fannatto is my name. I'm president of the Taxpayers
League, the Homestead Tax Exemption League of Dade County. I want this
straightened out. The unions and any organization tnat can make constructive
recommendations to you as Commissioners and Mayor, you have the responsibil-
ity and the authority to give the final judgement. You are responsible for
the taxpayers money, not anybody else.
Mr. Dawkins: For once, I nave the right to tell you you're wrong. You're
wrong.
Mr. Fannatto: No, I'm not wrong. The government belongs to the people. You
are the elected officials of tnis community.
Mr. Dawkins: But the union people elected me too. The union people pay taxes
and elected me, just like you did.
Mr. Fannatto: No, if they're going to make these recommendations, we'd be
bankrupt. That's how it's going to wind up. Listen, you're just giving money
to people that you're not sure which is the best. They can't make recommenda-
tions. It's finalized.
Mayor Suarez: Erny, I guarantee you that there's more choice here by individ-
uals affected than any other single thing we've ever done in this Commission.
Mr. Fannatto: What is that again?
Mayor Suarez: There is more choice here, individubl choice on matters that
affect individuals on this particular item than any other thing that we've
done here. People will be able to select whichever plan they want of tnese
two. That is as simple as that.
Mr. Fannatto: They can do chat, but you have the final say which is the best.
Mayor Suarez: I don't know which is the best.
Mr. Fannatto: And there has to be some uniformity about it.
Mayor Suarez: It's not really my role.
Mr. Fannatto: Mr. Mayor, there has to be some uniformity about this too.
Mayor Suarez: I'm not the affected individual, Erny, really.
Mr. Fannatto: What you're doing for one, you have to do for everybody else,
and you be the final judge, not anybody else.
Mayor Suarez: Tnank you, Erny. We have a motion. Do we have a second?
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any further discussion? Hearing none,
would you call the roll?
February 13, 1986
26
The following resolution was introduced by Commissioner Kennedy, whu
moved its adoption:
RESOLUTION NO. 86-106
A RESOLUTION DESIGNATING THE COPELAND COMPANIES AS A
CO -ADMINISTRATOR OF THE CITY OF MIAMI'S DEFERRED
COMPENSATION PLAN AND ADOPTING AND ESTABLISHING SAID
COMPANIES DEFERRED COMPENSATION PROGRAM AND ITS
ATTENDANT INVESTMENT OPTIONS FOR THEE VOLUNTARY PAR-
TICIPATION OF ALL ELIGIBLE CITY EMPLOYEES, ELECTED
OFFICIALS, AND INDEPENDENT CONTRACTORS, SAID DESIGNA-
TION, ADOPTION AND ESTABLISHMENT BEING AT NO COST TO
y THE CITY; IT BEING UNDERSTOOD THAT THE ONLY OBLIGA-
TION INCURRED BY THE CITY IS THE ADMINISTRATIVE
EXPENSE INVOLVED IN COLLECTING AND DISBURSING EMPLOYEE
y DEFERRALS.
(Hera follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution wds passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
R NOES: None.
! ABSENT: None.
RM FOR THE RECORD: Mayor Xavier Suarez clarifies for the record that he
abstains on item number 7 of the consent agenda.
9 FUND MIAMI DADE TRADE AND TOURISM COMMISSION INC. FOR SECOND QUARTER OR
UNTIL MAY FIRST
Mayor Suarez: Mrs. Gibson, your item is 82. We're going to take you right
- ---
now, but only your statement. Then we'll go back to that... You are going to
defer to someone else? All right, we'll take up item 82 in deference to Mrs.
Gibson. Just wait a second, please, Tom, Nat.
Mr. Albert E. Dotson: I'm Albert E. Dotson, Chairman of the Miami Dade Trade
and Tourism Commission. I come to speak to you this morning asking you to
not look at us as a social agency. We have been asked to go to T.I.C. for
t
funding. Our representatives have met with them and it's almost been impossi-
ble to get anything reasonable out of them. Our funding was approved by you
through 1986. We still have monies on that contract. We are asking if you
please, instead of a month to month funding, that you give us ninety days,
which is in the amount of $19,000 to continue this agency. We found over the
last year that some 7,000 conventioneers in the last three months have spent
some $3.3 million. This is a big business and we have every right to go after
that business, but in order to do that, we need your help.
Mayor Suarez: Al, let me ask you a question very quickly. Have you had any
contact with the Conference of Black Mayors in connection with their 1987
convention?
Mr. Dotson: Our representative is working on that, sir.
Mayor Suarez: And you have had contact with them through whom specifically?
February 13, 1986
27
Mr. Dotson: Mayor Reiley of Opa-Locka.
Mayor Suarez: Our own Mayor Reiley. He's the head of the committee too, I
believe.
Mr. Dotson: Right.
Mayor Suarez: How many people would attend that convention? Do you have any
idea? Go ahead and complete your presentation.
Mr. Dotson: Mr. Mayor, all I'm asking at this point is that we get a favor-
able action from you toward our funding for 1986. All we're asking is for the
$19,000 to carry us for the next ninety days until the funding can be worked
out with the other agencies.
Mayor Suarez: That would take you through the third quarter of the fiscal
year that we're presently functioning under..
Mr. Dotson: Right.
Mayor Suarez: If they got another ninety days, it would go up to July.
Mr. Plummer: No, January, February, March. It would be the second quarter.
Mayor Suarez: You are back in January as far as•funding?
Mr. Plummer: Yes.
Mayor Suarez: On, you just get February, March and April then. So it's not
July; it's to May really.
Mr. Plummer: Mr. Mayor, as you know, I have been the one who has been outspo-
ken because I am your representative to the T.D.C. I have no problem with
funding them up until the first of April. I have to remind this Commission
that they were supposed to, from the inception, to work hand in hand with the
Convention Bureau. The unfortunate problem is the fact chat T.I.C. has come
into existence and those things have kind of thrown the water muddy. I would
suggest that we pay that money from any monies allocated for the T.I.C.
because that is monies that this City, if we do spend it, would be to bring
convention business here. So at this time, I would move that this second
quarter be funded up until the first of April and let them come back. At sucn
time, I would ask that they bring back two things: first, their complete
audit of the past year; second, that they bring back a list of those things
that they can attribute to their work that they have produced. I move at this
time that they be funded until the first of April.
Mr. Dawkins: Second.
Mayor Suarez: I think it's first of May. We're talking February, March and
April. Right?
Mr. Plummer: January, February, March.
Mrs. Kennedy: It's February.
Mayor Suarez: January was funded.
Mr. Plummer: January was funded individually?
Mayor Suarez: No, that was part of the prior.
Mr. Plummer: I have no problem with the first of May.
Mayor Suarez: It's ninety days, so it would be the first of May. That
package which the Commissioner requested as part of the motion, make sure you
get it back to us before we get another request. It's been moved and second-
ed. Any discussion from the Commission? Please call the roll.
February 13, 1986
to I
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 86-107
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION
TO FUND THE MIAMI DADE TRADE AND TOURISM COMMISSION
INC. FOR THE SECOND QUARTER OR UNTIL MAY FIRST FROM
MONIES PREVIOUSLY ALLOCATED FOR THE T.I.C.; FURTHER
REQUESTING SAID GROUP TO HAVE A COMPLETE AUDIT MADE OF
THEIR OPERATIONS FOR THE PAST YEAR AND TO PREPARE A
LIST OF ALL THE ACCOMPLISHMENTS THAT CAN BE ATTRIBUTED
TO THEIR WORK.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following voLe-
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
10 DISCUSSION OF FILM FESTIVAL FUNDING (See label 14)
Mayor Suarez: Can we near from the Miami Film Festival representatives? We
took up item 4, which I guess related to the fireworks, and we understood you
wanted to make a statement or request.
Mr. Plummer: Mr. Mayor, if I may. I tried to reach Mr. Chediak. I was
unable to do so. I think he was out of town. I called his office, I think,
twice. This is the Film Festival.
Mayor Suarez: They expected to be heard on item 4, which had to do with. the
fireworks; and it passed right through as part of the consent agenda.
Mr. Plummer: Mr. Mayor, on Monday of this week, as your representative to
the T.D.C., I appealed to the T.D.C. realizing that they have already through
their sources, given $25,000 in cash to this organization, plus the request of
12,000 folders, which they needed for the publicity. I asked for funding for
the film festival, if in fact it was the consensus opinion of that T.D.C. body
that it was a good thing for this community and they wanted it to continue.
It was the consensus and the request, which I was trying to pass on to Mr.
Cnediak prior to today's meeting, that since it was already under way, that
Jean Westphal and other members of council will meet with you if tnere is a
deficit, and they will discuss the item as far as picking up the slack, they
`
JI
are not guaranteeing they will. But they will discuss with you picking up any
slack that might legitimately occur of the Film Festival. So you have the
guarantee of the T.D.C. that they will speak to you when you are concluded and
you have your audit that if there is a deficit, that they will address that
deficit and do what they can.
Mr. Nat Chediak: For the record. Commissioner, we have not in any way, shape
or form received $25,000 from the T.D.C.
Mr. Plummer: It was our understanding, and you could be right, that you got
It from the Arts Council.
Mr. Chediak: From the Arts Council, yes.
Mr. Plummer: That is T.D.C., sir. The T.D.C. sits over three facets: the
z
Arts Council, the sports, and promotion. All of those are umbrellas under the
T.D.C. So you have received $25,000 and you did receive the 12,000 folders.
They are willing sir, to address your deficit, which is something they had not
1
29 February 13, 1986
been willing to do before. So I just want that on the record, that we did
have that guarantee from them on Monday of this week, which is what I was
trying to call and convey to you, sir.
Mayor Suarez: What does your deficit look like, Nat?
Mr. Chediak: The $50,000 we had requested of the City.
Mayor Suarez: It seems coincidental that the figure you had requested is
exactly the same amount.
Mr. Chediak: No, it may be $51,000 something or $48,000, but I mean....
Mayor Suarez: Did you assume a total sellout? Is that what you were basing
it on?
Mr. Chediak: Yes.
Mayor Suarez: Did you get a total sellout?
Mr. Chediak: We've multiplied our seats times ten and we are selling out, but
that was projected.
Mayor Suarez: And the projections are coming true? I mean, there is no way
you're going to meet your expenses?
Mr. Chediak: No festival ever does. I mean, it is a cultural, nonprofit
event. No one, outside of two administrative positions, a full time secre-
tary year-round, and a director of development for fund raising, is making a
living out of this event. I mean, we see this as a service to the community
and as a service to the City.
Mr. Plummer: Well, I think this Commission is saddled with a number of things
and I don't want to get into old rhetoric, but first of all, the monies that
are to be expended by this City, as well as the T.D.C. are promotion monies.
One, that it either gets us national exposure through the media or in fact it
generates hotel rooms. These are the criteria that have always been set that
have to meet the test. Of course, I'm not going to go into the fact that all
festival monies have been cancelled. That stands on its own. Mr. Mayor, my
suggestion would be, before this City allocates any money, we give the T.D.C.
the opportunity to spend, which I consider to be the legitimate source from
which those dollars should come. They have agreed that they will sit and talk
with these people. I would say to you at this particular time that if the
T.D.C. does not do what they have indicated they would do, then it would be
appropriate to bring it back before this Commission to see what we can do.
Mr. Dawkins: When we come back, where would we find the money?
Mr. Plummer: I didn't say we would.
Mr. Dawkins: Then let's tell them don't come back.
Mrs. Kennedy: I think, Mr. Mayor,. that we have to find a way to help these
people. If they go to Miami Beach, South Florida will still profit, but our
City will lose the benefits that events like this generate.
Mayor Suarez: I would entertain a motion to apportion $25,000 with the
expectation that the best you're going to do from the Arts Council or T.D.C.
is twenty-five.
Mr. Plummer: No, sir, I wouldn't take that assumption at all.
Mayor Suarez: If they don't, they will not get the $50,000 in any event, but
at least I have $25,000. In fact, I would do more than entertain a motion. I
will make that motion.
Mrs. Kennedy: I second that motion.
Mr. Dawkins: There is a motion, under discussion.
Mr. Plummer: This, then, for discussion, this would come out of and break the
policy that has been long-standing. Is that correct?
February 13, 1986
30
Mr. Dawkins: If it passes, and if it
passes, I wane to line
up everybody
who's been up here. I keep telling you
guys this. Everybody
who has been
here and asked for money and we turned
him down saying that we
are cutting
3
corners and we're not going to fund things that are not critical to the
critical services of the City of Miami.
Next year there will be no revenue
sharing fund. There will be a lot of no
federal funds. I don't
have to run,
'
but you people who have to run, you're
going to have to raise
taxes. I'm
going to tell the people I told you not
to be giving out their
money. It's
just that simple.
Mr. Plummer: Under discussion, Mr. Manager, if this motion were to be ap-
proved, where would the money come from?
Mr. Dawkins: That is unfair, J.L., to put
him on the spot.
Mr. Odio: I do not have any money allocated in the budget for the Film
Festival.
Mr. Dawkins: Or any other festival.
Mr. Odio: No, sir, I don't.
Mrs. Kennedy: Again, I disagree. This is not just another festival. I think
that events like this that bring life to the downtown area should be regarded
s as not just another festival.
Mr. Odio: Commissioner, if I may, I have been trying to get some money for
them out of the private sector. I met with somebody yesterday by the name of
Pat Skubish, who said she might come up with $25,000 by tomorrow. I hope she
can. In the meantime, we have given them in -kind services for the Gusman
E Hall. They are not paying rent for that.
UNIDENTIFIED SPEAKER: We're paying rent for every single seat in that the-
atre, sir.
Mr. Odio: Ok, fine, you wane to do that, I'll agree with you, but I have
ordered that you do not pay rent out of Gusman Hall, but if you want to pay,
I'll be glad to accommodate you.
UNIDENTIFIED SPEAKER: There are $3,000 that constitutes the rent.
Mr. Odio: We will be refunding you, if you did pay. I am saying that I have
given orders to give you the Gusman Hall free of rent. Now if you want to
pay, I'll be glad to accommodate you.
F Mayor Suarez: How much is that rental waiver?
UNIDENTIFIED SPEAKER: $3,500.
Mr. Odio: $3,500.
Mr. Plummer: Call the roll.
Mayor Suarez: Wait, discussion.
Mr. Dawkins: Any further discussion?
Mayor Suarez: Yes, let me say that I again, for myself am consistent that we
a are slowly sunsetting any events like this and asking you, giving you the
necessary thrust to go find monies elsewhere, but you have been an eminently
successful event for the City of Miami. You bear the City of Miami's name.
You bring us national and international acclaim, and lowering you to
f $25,000... I believe last year you got $100,000. Is that correct?
Mr. Carollo: Fifty thousand.
Mayor Suarez: Fifty would be a 50% reduction, which I think would translate
into 100% reduction to zero by 1987, and I think you would be well advised to
proceed accordingly, assuming this Commission gives you any money this year.
The money should be available, because we have by some estimates saved
already from the current budget, figures anywhere from five to ten million
February 13, 1986
31
dollars through a variety of consolidations and cuts. In fact, I have been
told by the City Manager that a new director of Building and Zoning, assuming
a department was created, would be considered with a salary of $60,000, not
counting some of the other prerequisites of office, so we'd have more than
enough money to fund you $25,000, if we were able to fund that individual
salary and compensation. So I know the money is there somewhere and I know
we have a City Manager that can find it, and on that basis, I'm ready to vote
x in favor on my own motion.
Mr. Dawkins: I beg to differ in that the $60,000 a year salary will be
working to bring revenue to the City. They will be working producing servic-
es and goods for the City. To equate a $60,000 salary to the gift of $25,000
is very unfair in my opinion, Mr. Mayor. I don't think that injustice should
be done.
Mr. Plummer: Point of question.
Mr. Dawkins: We have to vote.
Mr. Plummer: Point of question to the City Attorney. It is my understanding,
Madam City Attorney, that this motion presently is out of order. It is out of
order because there is a policy that would have to be changed first. Tnat
policy is that there will be no funding. Before this motion could be voted
upon, that would have to be revisited and completely reopened.
Mayor Suarez: My motion would deviate from that policy in so far as it has
to....
Mr. Plummer: I don't know that we can, that's the question I'm asking. The
policy of this Commission is standing. There are no monies in the budget.
Mayor Suarez: The Commission can change its policy anytime, Commissioner.
Mr. Plummer: I am well aware of it. We make a motion first to open the thing
back up.
Mayor Suarez: My motion is so amended to reflect that we would to the extent
of this particular motion change the existing policy. I am not going to be
coming up against this policy every time.
Mrs. Dougherty: Commissioner Plummer, if there is a resolution, you would
specifically have to amend that resolution first.
Mr. Plummer: First - yes that is correct. Okay, thank you.
Mrs. Dougherty: Yes. We are going to research on whether or not there is a
resolution.
Mr. Plummer: Okay.
Mayor Suarez: Nobody is even sure if there is a resolution. In any event, if
that has to be done, I am sure we can come back and amend the prior resolu-
tion, assuming that one exists and nobody seems to be sure that one even
exists. My motion still stands.
Mr. Dawkins: Do I know what I am voting on the motion, Madam City Attorney?
Mrs. Dougherty: Not until the Clerk provides us with the information whether
or not there is a resolution.
Mr. Dawkins: So what do we do, vote on it pending the outcome of the resolu-
tion? And if it fails, it is mute anyway, right?
Mrs. Dougherty: That is true.
Mr. Dawkins: Okay, call the roll, Madam City Clerk.
Mr. Carollo: Can go over the resolution again, please?
Mayor Suarez: The resolution, or the pending motion?
Mr. Carollo: The pending motion chat we have.
32
February 13, 1966
Mayor Suarez: Okay, the pending motion is to allocate from existing; general
revenues $25,000 to the Miami Film Festival for this year's operation. There
is a question as to the existence of a prior resolution that would have to be
first modified, or repealed for this to have validity, but we don't even know
if one exists, so this particular motion is subject to our finding out if an
existing resolution would bind this Commission. I can't imagine that it
would, but, just in case.
Mr. Carollo: And the pending motion is for the issuance of $25,000?
Mr. Plummer: For this festival.
Mr. Dawkins: And any others that come up, because if yuu all pass this one, I
am going to be voting. I said I'm going to be voting on yes, if I get three
votes,
Mayor Suarez: That is not the pending motion, though. He asked about the
pending motion.
Mr. Dawkins: It is under discussion. We are discussing it.
Mayor Suarez: Yes, but I mean, I want to clarify that that is not my motion.
Mr. Dawkins: Okay, but my interpretation is, Joe, if they fund this, they
have broken the rule that we said fund no festivals.
Mayor Suarez: Yeah, that may very well be the implication of the motion.
Mr. Dawkins: I want Calle Ocno, I want St. Patrick's Day, I want everybody to
line up. Then when you line up, we are going to say yes.
Mr. Carollo: Well, you have got Calle Ocho lining up the agenda today al-
ready.
Mr. Dawkins: You know, I am not going to sit up here and let us play pussy
foot, and pick the ones we want and give them money and tell other people no.
Now you have got to bt fair. You can be firm up here, but you have got to be
fair. Now, if you are going to fund people, say we are going to fund them,
and when you raise the taxes and you are running next year, I will just tell
people "You know, they raised the taxes". I don't have to run for another two
years, and maybe by then we will bring the taxes back down. You got the
Manager trying to save money so that we can have money in the pot in order to
take up some of the shortages to provide critical services - fire, police and
sanitation, and recreation, and every time he cuts a corner over here, to put
$1,000 over there to fund police and fire, and sanitation, we tell him to go
take it and fund a festival. I mean, you are being unfair to the Manager!
Mr. Plummer: Mr. Vice -Mayor, I offer a substitute motion at this time - the
policy of this Commission be that we open up to all festivals who request
funding. I open that up, and will vote against the motion, but to establish
the policy of this Commission, I make a motion that we open up and reverse
the old policy...
Mr. Carollo: Mr. Plummer, you are out of order, since we have a motion
standing already.
Mr. Plummer: No, this is a substitute.
Mr. Carollo: Okay, well, if you clarify it that way, then...
Mr. Plummer: It is a substitute motion that this Commission open up its
policy as relating to festivals, to all people who request funding.
Mr. Dawkins: I am going to second the motion. Under discussion, I am voting
no.
Mr. Carollo: What I request of the maker of the motion is if ne would let us
go ahead with this motion before we will take his up and discuss it.
Mr. Plummer: If this motion passes, it precludes the second.
33 February 13, 1986
Mr. Carollo: I realize what you are trying to do, Commissioner, but again
respectfully request that you would hold that off until we get done with
resolution, then let's discuss yours a little further.
Mayor Suarez: No, Commission Plummer, one does not preclude the other. If
anything it enables the other.
Mr. Dawkins: Any further discussion?
Mrs. Kennedy: Yes, under discussion - I think that we are here to draw the
line. I think that we just cannot fund anybody who comes in, but events that
bring life to the downtown area, and publicity to the City of Miami, and I
think, that that line should be clearly drawn by us.
Mr. Plummer: Well, you know, in defense of that, of course it has to be said
that each individual that appears, and has in the past, to this Commission,
can make that same justifiable argument - that the Irish parade is that very
thing, the SunStreet festival is a very important thing, Calle Ocho is very
important, and you could go right down the line, and we will be right back at
2.2 million dollars a year of money that we can ill afford to spend at this
time. I will withdraw my motion at this time, and we will see what is the
motion of the Commission.
Mr. Dawkins: Any further discussion? Call the roll, Madam Clerk.
MOTION FAILED. Motion to fund Miami Film
Festival ($25,000) failed by the following
vote:
AYES: Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins.
ABSENT: None
Mr. Plummer: Mr. Chediak, I still sir, will go with you hand in hand to the
T.D.C. when you have your audit, which I have already offered to do. I can't
guarantee you, sir, that they will give you the $50,000, but I pledge to you,
that as a member and a direct representative of this Commission, that I will
fight like a tiger for you. I have already put the foot in the door.
Mr. Chediak: Thank you.
Mr. Plummer: All right, sir.
NOTE FOR THE RECORD: UPON BEING PROPERLY MOVED AND SECONDED,THE CITY COPDIIS-
SION UNANIMOUSLY APPROVED CITY COMMISSION MINUTES OF THE MEETINGS OF SEPTEMBER
26, 1985 OCTOBER 10, 1985, OCTOBER 24, 1985 AND NOVEMBER 13, 1985.
11. ENDORSE POLICY TO ASSIST HAITIAN COMMUNITY IN NEED OF PRESENT POLITICAL
UNREST.
Mayor Suarez: Let us discuss this for a second ...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: ... okay, by way of an emergency item, not a pocket item, which
we don't have anymore, and I know it has to do, and I saw you there sitting; I
know it has to do with possibly finding some money and certainly supporting
the cause of the Haitian people who are suffering under a change in govern-
ment, and a lot of violence and a lot of misery for its people, and Ringo, I
know you wanted to make a statement to that effect.
Mr. Ringo Cayard: Yes. Ringo Cayard, 1 N. W. 62 Street, in Little Haiti.
Last week Duvalier took off and left the Island. Of course, he took with him,
34 February 13, 1986
as you read, most of what the country had, whatever was left in the country.
So right now we have a dilemma, which is some kids dying, because there is no
medicine. Food, we can find some, through Red Cross and other agencies, but
we definitely have a desperate need for medicine, so that is why I am here
today to see what the City of Miami• would do to help out. Also, some other
cities have been doing the same thing such as Quebec in Montreal, New York,
and now we will se what Miami can do in order to help out,
Mr. Dawkins: Mr. Mayor, I talked with Mr. Ringo about this, and I told Mr.
Ringo that I would see what this Commission could do. I called three medical
experts and asked them what should we do, and the first one said, "What do you
want to do?" I said, "Well, there is tuberculosis, and other diseases", and
he said, "Well, Miller, the first thing you have to find out is what strain of
tuberculin it is, because all medicines do not treat one of all tuberculin.
He said, "Secondly, you have to know what is needed", so they suggested that
the City Commission appoint one of its members to attempt to get a team of
doctors together to go down and assess the needs and to provide medicines.
The second guy said he agreed, and the reason he said that was, that the
United States, being a good fellow, sent a lot of medication to Nicaragua,
that was never used because they sent the wrong medicine for what they need-
ed; so I was coming today to ask the Commission for permission to see if we
can't get a team of doctors together who will go down there and tell us what
is needed, because for us to send somebody down there and not knowing what is
needed is like putting a postage stamp on an incision for open heart surgery!
Once the pressure builds up inside the chest, it is going to pop open. So ...
Mr. Carollo: Miller, shouldn't maybe we take an initial step of contacting
the State Department, and hopefully, they will know what is needed over there?
Mr. Dawkins: Well, I was going to say that, Joe - what we have got to do, and
then if we get a team of doctors to go down, if we got to get a team of
doctors to go Joe, we have got to get the State Department to provide air
service from our Homestead Air Force Base over there.
Mr. Cayard: May I point out something. This is not a political issue that I
am trying to face right now. What I am trying ... this is not a political
issue. What I am trying to do ...
Mr. Dawkins: It is not a what kind of issue?
Mr. Cayard: A political issue.
Mr. Dawkins: Who said it was? It is a humanitarian issue! This is a humani-
tarian area. There is nothing political about it!
Mr. Cayard: I know. I am explaining that.
Mr. Dawkins: Yes, but I don't want you to stand up there and give the impres-
sion to these people out here that we are trying to make this a political
z football, or that we are trying to gain political patronage, or something off
of human misery. That is wrong! Don't do Chet, that is wrong.
Mr. Cayard: What I mean is that this is not a political gift.
Mayor Suarez: You don't really need to make the clarification. Everyone
understands it is not a political issue here. It is a humanitarian issue,
Ringo.
Mr. .Cayard: So, we are right now dying. We have kids who are dying right
3 now, because before Duvalier, they didn't have any aspirin or anything.
What I was asking is to see if we could have some money set aside, you know?
... and then we send it to them - we could be tomorrow or the next day, but at
least we would have some kind of money to buy the stuff. What good is it to
go to Haiti with a team of doctors and then we have to wait two, three months
before we get any kind of money. We need that right away, so that is the
main problem. To go to Haiti is nothing, you know, but if we don't have the
money, what is the point of going to Haiti?
Mayor Suarez: Commissioner Carollo mentioned something about the State
Department. Have you ascertained that if the U. S. has allocated any monies
t< for emergency foreign aid, if there is such a thing?
5t'
35 February 13, 1986
s:Y
Mr. Cayard: They just gave $60,000,000 to Haiti, but primarily for food and
clothing and housing.
Mayor Suarez: You know, we could probably du better than the amount ... I
know you were mentioning before of $10,000, by having a radio marathon,
certainly on the Spanish stations and asking people to donate money, and I
would be happy to participate with you and try to get at least one station to
agree to doing it.
Mr. Cayard: Because, the idea is that if this City as a group gives some-
thing, then we could go to the radio and snowball the whole process and go to
Haiti with some kind of money.
Mayor Suarez: I will entertain a motion from this Commission that we endorse
the concept of finding all of the help and aid that we can for the Haitian
people, including medicines, a team of doctors, as Commissioner Dawkins
suggested, and work with you to see if we can get the money and/or supplies
first on a voluntary basis.
Mr. Dawkins: So moved.
Mrs. Kennedy: Second.
Mr. Cayard: Good. If you could get let's say, I don't know. I was thinking
of having like $10,000 from the City.
Mayor Suarez: And having the endorsement on the Commission will bt very
helpful.
Mr. Cayard: Exactly.
Mayor Suarez: I think the consensus will be at this particular point in this
Commission, from what I hear, unless someone has a different motion, that we
don't allocate specific monies until we find out what the needs are, and if we
can satisfy them with some kind of volunteer help and donations.
Mr. Cayard: They did the same thing for Nicaragua and they did same thing for
Mexico. The only difference, they didn't have two or three ... went there,
before they start spending the money. My idea was to get the money and then
we send two or -three people. I will be even willing to pay my fare there.
Mayor Suarez: Okay, that doesn't speak to the motion, though, Ringo. We have
a motion and a second. Any further discussion from the Commission?
Mr. Plummer: May I understand the motion, please?
Mayor Suarez: The motion is that this Commission endorse the concept that we,
the Commission, and the City, work with Mr. Cayard to find ... first ascer-
tain what the needs are and find donations, volunteer help, including sup-
plies, and possibly even a team of doctors to go to Haiti, and otherwise
cooperate with him to alleviate the situation in Haiti.
Mr. Carollo: In other words, donations rather than and notte of the taxpayer's
monies to be spent.
Mayor Suarez: Right. If we nave a Commissioner that would like to lead that
charge and wants to volunteer we can embody that. in a resolution - in my
resolution.
Mr. Carollo: Ace you volunteering ...
Mr. Dawkins: I'll volunteer.
Mayor Suarez: Commissioner Dawkins would head that effort. Do we have such a
motion from someone?
Mr. Plummer: So moved!
Mrs. Kennedy: Yes!
Mi
Mayor Suarez: It has been moved and seconded. Any discussion? Call the
roll.
36 February 13, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-108
A RESOLUTION OF THE CITY OF MIAMI COMMISSION ENDORSING
THE CONCEPT OF ASSISTING THE HAITIAN COMMUNITY AND
COOPERATING WITH COMMUNITY MEMBERS TO IDENTIFY FUNDING
SOURCES IN ORDER TO OBTAIN FUNDS AND MEDICINES WHICH
ARE PRESENTLY NEEDED IN HAITI ON ACCOUNT OF THE
PRESENT POLITICAL UNREST IN THAT COUNTRY; FURTHER
DESIGNATING VICE -MAYOR MILLER J. DAWKINS AS CITY
LIAISON FOR THIS EFFORT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon bring seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: That does not preclude your coming back at some point and
asking for money, I suppose, Ringo, if you like. That is not to say we will
be able to find it, but let's try the voluntary way first.
12. DISCUSSION OF $6,000,000 HOUSING CONSTRUCTION BONDS. (See label 39)
Mayor Suarez: Item 38. Tnis is part of our revenue bonds for low cost
housing.
Mr. Bailey: Yes_, Commissioner, the item 38, which is very closely related to
the other items, I think is 46. When we, about six months ago, began to
approach the Miami banks to provide us with letters of credit to support a
$43,500,000 tax exempt revenue bond issue, for the purpose of providing
construction financing for housing, they made several conditions. Unfortu-
nately, before the end of the year, we were not able to get all the commit-
ments from the banks. Some of those conditions caused us to go back and
create some different strategies, and one of them was to insure those banks,
that we would be able to, at the end of the note period for the larger
amount, that if there were any houses left over that had been financed from
the construction notes, the City would guarantee to buy them, and the other
condition was, that any model units that had to be put up for the purpose of
pre -sale, that we would have to pay for those. We have no problem with the
first condition in terms of being able to prey for the model units, but when it
came to guaranteeing the second part, we had to come back and find a way in
which to do that, and in addition to doing that, we also discovered that in
order to have a perpetual activity that can carry on scattered site devel-
opment and construction of low cost housing, that we should probably, with
that guarantee, set up a permanent fund. We went to the Finance Deportment
and we found a source of revenue that we could pledge that would float a small
issue that would two things - provide us with a permanent source of construc-
tion money for low cost housing, and also be used to guarantee the security,
to give security to the bank to issue the $40,000,000 worth of letters of
credit. This $6,000,000, is the amount in principle that can be floated. We
will probably will get somewhere around $5,000,000 for that. That $5,000,000
will be there to insure that if there are any houses left over from the larger
issue, that the City can buy them back, or even put that up for security, and
not only that, we can use it in perpetuity for scattered site housing througn-
out the City.
37 February 13, 1986
Mayor Suarez: Now, what kind of bonds exactly are these, the $6 million?
Item 38, is that it?
Mr. Bailey: Since they are tax exempt revenue bonds, they are secured by
franchise fee from Bell Telephone - a $600,000 item.
Mayor Suarez: Okay, these are sort of like an enabling bond, really, chat we
are approving here.
Mr. Bailey: It is a support bond, an enabling bond that will give us the...
Mayor Suarez: What happened to the $43,500,000 bond issue that we were...
Mr. Bailey: That is item 46.
Mayor Suarez: It is on item 46?
Mr. Bailey: Item 46, and the $6,000,000 is a part of that to secure the
letter, yes.
Mayor Suarez: Item 46 says to me $60,000,000, and makes reference, at least
in the briefing that we got from the City Manager to Overtown/Park West.
Mr. Bailey: That is correct.
Mayor Suarez: But, the $43,500,000 bond issue that you and I have been
talking about, and you have been informing this Commission, is not restricted
to Overtown/Park West, it is supposed to be scattered site housing in the
entire City, in any needy area, and has nothing to do with the Overtown/Park
West project.
Mr. Bailey: That is not true, Commissioner. I won't say that is not what you
believe, but the explanation that I have been giving all along, and the
legislation that would enable us to do this, was tied to the first phase of
the Overtown/Perk West redevelopment project, and in fact, it started out as
bring the construction financing vehicle for the home ownership houses in the
first phase of Overtown/Park West. We since then expanded it to include
scattered sites.
Mayor Suarez: How much of the $43,500,000 was supposed to be for
Overtown/Park West?
Mr. Dawkins: All of it, Mr. Mayor...
Mayor Suarez: That is not my understanding. That is not my understanding!
Mr. Bailey: No, that is not... not.
Mayor Suarez: If that is what it is, it is going to head for a negative vote
from myself, I will tell you that!
Mr. Bailey: The $43,000,000, which can only be issued because of the legisla-
tion •ae have grandfathered into the tax bill for Overtown/park West has been
expanded to include scattered sites and Overtown/Park West, The $6,000,000,
and that $43,000,000 expires in 36 months. The $6,000,000 is expected to go
out for a 20 year period of time. Now, the reason, we got involved with this
in the first place is that we had to provide a way of constructing housing,
and in the first phases of Overtown/Park West, that will be away which the
developer could reduce the cost of those houses so that they can reach low and
moderate income people. We started out, and this Commission approved, over
six months ago, reference to the for $60,000,000, and that is what you see
there - the resolution for $60,000,000 for us to go out and get an underwrit-
er, which this Commission approved - Ellis Rothschild, to carry out this
process to do the construction note for the low, and moderate income housing.
We expanded that to include other scattered sites throughout the City in
addition to Overtown/Park West, because we will not use all of the
$43,500,000.
Mr. Dawkins: Mr. Bailey, I am confused. Maybe you can help unconfuse mc.
The $60,000,000 that is mentioned here, and it says - Overtown/Park West, is
that correct?
38 February 13, 1986
Mr. Bailey: That's correct.
Mr. Dawkins: Now, you are telling me that part of that $60,000,000 can be
used in Coconut Grove, can be used in Liberty City, can be used in Little
Havana and can be used in Wynwood. Is that what you are telling me?
Mr. Bailey: That is correct. The original resolution that was passed was
specifically for the Overtown/Park West project.
Mr. Dawkins: Okay, now we have got $60,000,000. We've got approximately six
target areas. Are you telling me that this Commission can earmark
$10,000,000 for each target area?
Mr. Bailey: You can earmark it only for the developer that needs it.
Mr. Dawkins: Ah han! And where are the developers, sir?
Mr. Bailey: In Overtown/Park West.
Mr. Dawkins: So, it is not for the rest of the City!
Mr. Bailey: No, no. Yes, it is! When we passed the resolution, the only
thing we were dealing with at the time was Overtown/Park West, and we needed a
source of revenue to provide below market rate construction financing. When
we got involved with this after that, we found that we probably should be
able to expand this to include other scattered site housing throughout the
City, because there was a need.
Mr. Dawkins: And we threw in the $6,000,000 as a catchall, so to be able to
get us to go for the $60,000,000, and say we are going to take $6,000,000 for
the rest of the City of Miami.
Mr. Bailey: No, no, that is not true.
Mr. Dawkins: Okay, what is true, then?
Mr. Bailey: That is required by the local banks in order to provide us with
a letter of credit to support the $60,000,000. We have five banks already
that have committed to provide us with...
Mayor Suarez: What is the total commitment of the five banks now for standby
letters of credit?
Mr. Bailey: $40,000,000.
Mayor Suarez: $40,000,000?
Mr. Bailey: Yes. Southeast Bank, Pan American Bank, Sun Bank, Barnett Bank,
and Florida National.
Mr. Dawkins: Of that $40,000,000, how much of it is in Overtown?
4.
Mayor Suarez: Do you have any estimate? I mean, I know we don't know in
advance, but this Commission would like to at least have an idea of where you
are headed with this low cost housing.
Mr. Bailey: We have estimated that based on what the developers have commit-
ted themselves to build and home ownership housing, somewhere around
$19,000,000 to $20,000,000.
Mr. Dawkins: So out of the $43,000,000, $19,000,000. Now, is any of that
predicated on the H.U.D. money we didn't get?
Mr. Bailey: No, it is not, but it is predicated on the developer being able
to deliver a low cost house...
F
Mr. Dawkins: Okay, all right.
Mr. Bailey:... because-, if we can't provide them with the low market rate
t'
construction financing...
February 13, 1986
39
Mr. Dawkins: But, the $6,000,000 is the scattered housing.
Mr. Bailey: The $6,000,000 is also the collateral guarantee - it is a backup.
And now with the...
Mr. Dawkins: Well, the $43,000,000, is that the scattered housing?
Mr. Bailey: That is the scattered site housing, but only as a 36 month life.
Mr. Carollo: Herb, you know, I am getting, I think, as flustered with this as
Commissioner Dawkins, and maybe some others here. My main priority, in what I
thought we were looking at, if we are to approve these bonds, is Overtown/Park
West. I know there are needs other places, but if we are going to truly make
a major impact, in particular, an impact that is going to help also the rest
of the City economically, and what I am talking about is what we have dis-
cussed, if we can housing to start developing Overtown/Park West, downtown
will be helped more, and that is going rolling over, where more people will
come, build office buildings, come to work downtown, instead of going some-
where else, will live in the City of Miami. That is my concern. At the same
time, we will have housing that is affordable for the people that we have in
Overtown/Perk West, and people that work downtown, that don't make the huge
salaries - the little people, that make $10,000, $12,000, $15,000, $20,000 a
year.
Mr. Bailey: That is the intent of the bond issue, Commissioner, and...
Mr. Carollo: See, but this is being opened to many ways, and all of a sudden,
maybe there might be a handful of developers who we don't know about yet, that
might have enough have enough friends on this Commission, or political pull,
and they pressure three members of this Commission to forget about putting
all that money over there -"Let's put some money over here where we have got
some land," where we can build some houses, and at the same time, where they
are going to make a heck of a deal for themselves, and this is what I don't
want to happen - or maybe at another Commission, that won't be the same one
that is sitting here will come in and do the same thing to help some personal
friends of theirs.
Mr. Bailey: Well, Commissioner, the $40,000,000, or the $60,000,000, whicnev-
ar you want to call it, has always been intended as a part of Overtown/Park
West redevelopment financing package, and incentives that were being provided
by the City. In order to make that happen, a lot of intricate financial
activity had to take place, especially when you had to get local banks in-
volved, and our way of trying to address the local bank issue, we came up wick
another way in which we could do it for which the City of Miami would not have
to put up any of its money, and the $60,000,000 came about. The rationale in
terms of the $40,000,000 being used outside of the Overtown/Park West area was
based on the fact that based on what the developers had proposed for us, we
would not able to use all of that money.
Mr. Plummer: Well, who made that decision, that you could use part of that
money for outside of the Park West/Overtown?
Mr. Bailey: Before December 31st, that was just part of the law - it was a
flexible law, and we just did not...
Mr. Plummer: Excuse me - did this Commission make that decision?
Mr. Bailey: Well, I just presented it to the Commission. We never passed on
the item.
Mr. Plummer: So, in other words, at this particular point, unless this
Commission makes a different policy, all of that money is...
Mr. Bailey: Is Overtown/Park West.
Mr. Plummer: Is committed to Overtown/Park West...
Mr. Bailey: Absolutely.
Mr. Plummer: ...and cannot be used in any other area.
Mr. Odio: That is correct.
40 February 13, 1986
Mr. Bailey: That is correct. That does not apply to the $6,000,000.
Mr. Plummer: The $6,000,000 is based on a wrap around, or a backup.
Mr. Bailey: That is a backup, yes.
Mr. Plummer: So that is not going to be used for building houses.
Mr. Bailey: No, it is based on a guarantee of collateral backup, and it also
can be used to build houses in other parts of the City for scattered sites.
Mr. Plummer: Who made that decision?
Mr. Bailey: Weli, this is what we are presenting now. You will have to...
Mr. Plummer: No, no, we are not going co make that decision. We are going to
make that decision because this Commission has a commitment to Park Overtown.
Mr. Carollo: Absolutely!
Mr. Plummer: and as far as I am concerned, I will only vote that any of tnese
monies will first and foremost be used and address the problems. Now, if for
some reason, in the j6 month run, you cannot complete it, then you will come
back to this Commission, and this Commission will decide, if in fact, that
other money shall be spent elsewhere, which we are not going to be intended to
do. We could, of course, designate it to Liberty City, but what the commit-
ment of this Commission is, is to the Park Overtown.
Mr. Bailey: Well, that is the decision before you, Commissioner.
Mr. Plummer: Well, no, it is not the way it is written here!
Mr. Bailey: Well, you know, we presented the entire package, and if any
time...
Mr. Plummer: No, excuse me. As it is before me voting today, it is autnori-
zation of the $6,000,000 against the Southern Bell franchise, which is declin-
ing.
Mr. Bailey: We have 2- years on that contract,
so that is pretty fixed.
Mr. Plummer: It is still declining. With
a divesture, you might not have
anything in a year or so. That is the bank's
problem. They are willing to
accept it. What I am saying is, the only way
that I vote here today, is, that
if all of the monies, the .$40,000,000 and
the $6,000,000, are committed to
Park Overtown - at $60,000,000 and $6,000,000, if in fact, you were to be
unable, and I can't believe that, Chat would
happen, but if you were unable to
accomplish that, that this Commission would
be the only answer as to those
excess monies being used anywhere else.
Mr. Odio: Commissioner, we are here to ask
you for a policy. If you decide
that, that money is to be used only in Park
West Overtown, it is your deci-
sion, not ours.
Mr. Dawkins: He didn't say Park West/Overtown! He said Overtown.
Mr. Bailey: Well, I am sorry, Commissioner, we sometimes shorten the title,
but the only project we have any bond issue considered is the 0vertown/Park
West project.
Mr. Dawkins: But, there again, who decides where it will be spent?
Mr. Bailey: It can
only be spent in a nine -block
area, that is by
law.
Mr. Dawkins: See,
now, that is what I have been
saying and that
is what
the
Mayor came on board
saying, that is what Joe has
been saying, all
along.
You
don't give a damn
about Overtown! You took a
part of Overtown only,
and
`
locked it into Park
West in order to get federal
dollars, and you
tell me
now
that a nine block area is all that you are concerned with. Who
can tell
me
N
how many blocks in Overtown? How many blocks in Overcown?
°'
February
13, 1986
1% V
Mr. Bailey: That is not exactly what it is, Commissioner.
Mr. Dawkins: How many blocks in Overtown?
Mr. Bailey: We have 240-acres, which, over 60% is in Overtown. We are doing
it in phases. The first phase includes nine blocks. That is the only way we
can proceed.
Mr. Dawkins: But, I said from day one that nobody is concerned about
Overtown. You all are concerned about Park West/Overtown, and that is only
three or four blocks.
Mrs. Kennedy: Yes, we are, Commissioner. Yes, we ore.
Mr. Plummer: May I ask a question?
Mr. Bailey: I think...
Mr. Plummer: The question that I have to ask, because of possibly the misno-
mer of the name, is there any reason why part of the $60,000,000 and
$6,000,000 cannot be used in Overtown.
Mr. Bailey: We do nave on this agenda other packages involving housing for
the rest of Overtown, toddy.
Mr. Plummer: Answer my question. Is there any prohibition against any of the
60 and 6 being used in Overtown?
Mr. Bailey: There is no immediate prohibition on the 6, until we get an
effective date on the tax legislation, there might be a prohibition on the 60
other than in the nine block area.
Mr. Plummer: Why?
Mr. Bailey: Because the tax bill, which does not have an effective date,
actually outlaws tax exempt financing. The reason we are able to do tn1s, we
got some transition legislation in on both bills, and it was championed by
Congressman Pepper, to enable us to continue what we had already started, and
what we had already, yeah, grandfathered in, and what we had already started,
and the only thing we could legitimately ask for at the time, was those nine
' blocks that this Commission had approved. Now, we have an absolute guarantee
that we can do the nine blocks. We can do the rest of Overtown with the
$6,000,000 without the grandfathering. However, it is Bond Counsel's opin-
ion, as it is our opinion, that the effective date of the tax bill would not
be l/l/86, it will be l/l/87 sometime, and sometime subsequent to 1/l/86, then
we are permitted to use this money for scattered sites in other parts of the
City. If you prefer to restrict it to Overtown, we have no problem with
that, but we will put...
Mayor Suarez: Herb, just so we get the rest of the Commission's views on
this, I heve exactly the opposite view from the one that has been expressed by
Commissioners Carollo and Plummer. I would want no restrictions, other than
the ones we have to accept in order to get the bonds be clearly valid under
existing legislation. Other than that particular restriction, I want you to
have the complete flexibility, and the City to have the complete flexibility
to put low cost housing in all areas of the City that need it, in fact, my
preference is rather not to have it in Overtown/Park West, which is a project
that to means the extension of downtown into an area and displacement of the
people that live in that area, but I am not going to constrain you with that
myself, and I hope the Commissioners don't constrain you away from what you
are intending to do. I will add to that that the feeling that I got in
testifying before the Senate Capitalize banking committee, that at worse, the
effective date of any new legislation affecting the tax exemptability of these
bonds will be, as you stated, January 1, 1987, so it will not affect any bond
issues that we pass during the calendar year, and at best, will not affect
housing bonds at all, not even with a restriction, and the Senator seemed to
be very emphatic, all the ones that were present at that committee hearing, so
I am ready to vote on the $6,000,000 bond issue that you are talking about.
My only concern is that we very quickly move on the $43,500,000, unless you
are telling me that is included in the $60,000,000.
k;
Mr. Bailey: That is included in the $60,000,000. The reason we use
p =
$60,000,000, that complies with what this Commission approved as a resolution
some time ago.
February 13, 1986
42
Mr. Plummer: Mr. Mayor, on your comments, sir. I'm sure it was expressed to
you by that committee from which you testified, but that committee doesn't
issue the bonds, and I can tell you from personal knowledge, sir, that the
bond market is so damn shaky, they don't know what the hell is going on, and
they are putting d clamp on everything, because there is that possibility of a
retroactive clause, and if they do, they are in the soup, and they are not
about to. They are too conservative to do that, so it is nice to know what
the Senate is thinking, but the bond market itself, who does the actual
sales, is where it is completely in chaos, and that was the only reason that
I, myself, and another, went before Claude Pepper to get these things grand -
fathered, so that that would not exist as it related to that particular issue
that we were working on at that time.
Mayor Suarez: That was a good idea, because it guarantees a way out for us in
case that the Senate and the House can't get an agreement.
Mr. Plummer: Then we don't care what they do!
Mayor Suarez: But, just so you know, one of the very first things that the
Senate is going to do, if they informed me right, is to clarify that the
effective date would never be January 1, 1986, it would be January 1, 198-,
even assuming the legislation effects these bonds, which I don't thin: it will
in any event, so...
Mr. Bailey: I would just like to add, Commissioner, and...
Mr. Dawkins: Let me say something...
Mayor Suarez: Wait, Herb. Commissioner Dawkins?
Mr. Dawkins: The Mayor is expressing the consensus of this Commission. We
are concerned that we are not going to build OvertownlPark West as another
Brickell Avenue, and all outside of the nine block area remain a slum, so that
is why they are saying, you know, don't restrict it to that nine block area,
because if you do, and you don't do anything outside the nine block area,
we've got another slum, Herb. That is all they are saying.
Mr. Odio: Commissioner, it is your prerogative to tell us what you want us to
' do.
Mr. Dawkins: And I pay you to come back and help me tell you what to do.
Mr. Bailey: Okay, sir, what we would suggest, Commissioner, that...
Mayor Suarez: As presently proposed, Herb, item 38 does not constrain you
other than based on the prior authorization for a bond issue, but assuming the
legislation goes through, you have got freedom to go to other scattered sites.
Mr. Bailey: We would have freedom to go to otner sites, anywhere that you so
desire.
Mr. Plummer: Well, then, you lose my vote, all right? ... and you art going
to lose my vote because this Commission has made a commitment to the people of
Overtown and to Park West, and this commitment was what this bond issue was
originally developed for. It is to me an insult to the people of that commu-
nity, that that money which they strived so hard to get created for their
particular area, is now going to be used for possibly some other area. I
would say two things - first, that before any of these monies are used for any
other project, that it must take this Commission's approval. Second...
Mr.
Dawkins: I have no problem with that.
Mr.
Bailey: No problem...
Mr.
Plummer: Second, that this Commission re -identify
its commitment to
the
Park
and Overtown, as it is the long standing policy
of this Commission.
That
is what we intended to do. That is what I hope we
are going to do,
and
}-
that
is to live up to the promises of this Commission.
Now, the minute
you
say
that any of those monies can be used for other sites,
you are going
to
have
a million developers in here wanting to get a piece of that action
all
; T
over
hell's half acre, and if that be the case, then
let's go back to
the
February 13, 1986
{
43
voters, as we did two year's ago, and let's propose a bond issue for
$15,000,000, Liberty City; $15,000,000, downtown; and $15,000,000, Latin; and
let them go, and let them understand if they want to commit themselves. I
say that my vote is predicated on a long standing policy promise of this
Commission to those people in Overtown, and to Park West.
Mayor Suarez: I have the exactly opposite feeling on that long standing
policy, whatever it may be, which I don't remember being in effect, and I
certainly wish that. we could do away with it as soon as possible, because I
again reiterate that Park West/Overtown is a deception. It is not going to
happen. It is not a one point one billion dollar project, and that is why I
refused to sign the article they wanted me to sign. It is a project that is
barely off the ground. It is mostly commercial and it has very little of
component in it that will redily help the plight of our people who need low
cost housing. But, in any event, item 38, as proposed, I am ready to vote on
it. Mr. City Manager.
Mr. Odio: May, I prefer thdL we will come back to you when we pass the bond
issue and we will come back to you with a plan where to spend the money.
Mr. Plummer: No, excuse me! Unless this issue before us today, item 38,
contains the wording, that monies of this issue cannot be used other than in
Park/Overtown, I have to vote against it!
3 Mayor Suarez: Are you talking about within the nine blocks of Park
West/Overtown presently defined?
Mr. Plummer: No, sir, not on chi& issue! On the other issue, yes, because we
are bound by that.
Mayor Suarez: But, you want to constrict it to the nine blocks of Park
West/Overtown.
Mr. Plummer: No, sir, I did not say that!
Mayor Suarez: That's wnat you are saying.
Mr. Plummer: No, sir, I am not saying that! If you will listen, you will
understand. I am saying, item 38, individually...
Mayor Suarez: Right.
Mr. Plummer:... that, that money must...
Mayor Suarez: What is the restriction that you want to impose on it ocher than
its own wording?
Mr. Plummer: If you will listen, I will try to tell you!
Mayor Suarez: Please explain it, Commissioner.
Mr. Carollo: Xavier, tell him attorneys never listen, then ne will under-
stand.
Mr. Plummer: But, I am not paying him $150 an hour either Item 38 is
$6,000,000. That $6,000,000 must be committed to Park West and/or Overtown,
and that before...
Mayor Suarez: That is not the Park Wesc/Overtown project!
Mr. Plummer: May I finish, Mr. Mayor?
Mayor Suarez: Commissioner, you are going round and around saying things
that don't have a proper definition. Are you referring to Overtown as a
general neighborhood?
Mr. Plummer: If you would listen, you would understand! May I continue and
finish?
Mayor Suarez: You certainly may continue.
't
Mr. Plummer: Thank you, sir. May I finish?
z February 13, 1986
44
Mayor Suarez: We don't know about that yet.
Mr. Plummer: You might find out! The $6,000,000 in this issue, in my estima-
tion, to get my favorable vote, has to contain the wording that this money
must be used for the... let me clarify ...260 acres, and that before any of
those monies can be expended outside of chat designated 260-acres, known as
Park West and Overtown.
Mr. Bailey: Overtown/Park West.
Mr. Plummer: Overtown/Park West., excuse me - that it must be...
Mayor Suarez: Park West and Overtown. Park West and Overtown was much better
definition than Overtown/Park West, which is a City project defined as approx-
imately nine blocks. You are talking about the entire area of Overtown.
Mr. Plummer: Did you understand the 260-acres? Do you know what the 260-
acres is? It was very clear. Now, if you don't know it, I will explain it to
you.
Mayor Suarez: You said Overtown and Park West, and : am suggesting to you
that that wording is a better definition.
Mr. Plummer: I am not referring to the project. I am...
Mayor Suarez: Thank you. Thank you!
Mr. Plummer: You are the one that is understanding the project.
Mayor Suarez: No, the City Manager said Park West/Overtown. I want to
clarify that and know what we are talking about.
Mr. Plummer: Then I will drop the wording - I will drop the wording so maybe
you can better understand it.
Mayor Suarez: Thank you.
Mr. Plummer: 260-acres, bound by N.W. 5th Street, on the south; N.W. 14tn
Street on the north; Biscayne Boulevard on the east; and 7th Avenue on the
west. Now, is that easy enough to understand? That, before any monies of
this $6,000,000 can be used out of that designated boundary area, it must come
back before this Commission for approval. If that wording is contained in the
resolution, item 38, I will vote favorably. If it is not contained, which I
feel is a breaking of the promise- of the Commission to the people, then I
will have to vote against. We will address the other item 46 individually,
and I am ready to prepare to speak to that issue when it comes up, but we are
talking about item 38.
Mr. Odio: I have no problem with amending to that.
Mr. Plummer: I offer that as an amendment to item 38.
Mayor Suarez: We have a motion to restrict the spending of any bonds as
contemplated by item 38 to an area that has been described, containing some
200 and some acres, and roughly known as, or generally known as Overcown.
Mr. Carollo: I second that motion. I think that spells out as clear as it
possibly can, what the intent of this Commission was and is.
Mr. Dawkins: Mr. Bailey...
Mr. Plummer: 46 concerns me that they can't use the money
Mr. Odio: One goes with the other.
Mr. Dawkins: Mr. Bailey, the $6,000,000, how is it tied in with the
$60,000,000? I mean, isn't that two separate issues?
Mr. Bailey: They are two separate issues, and then they are also companion
issues
February 13, 1986
45
Mr. Dawkins: Well, you see, this is how we got in Lrouble. Now, I am for
what you want to do. I said up here ever since I have been here, I need
housing in Wynwood; we need housing in Liberty City; we need housing in
Flagami; we need housing in the Grove; and when I discussed this with you, I
told you that I could not vote for the $6,000,000, if Overtown wds included,
because I thought the $60,000,000 was enough for Overcown, right?
Mr. Plummer: That we will address when we get to it. That is a different
issue.
Mayor Suarez: The $6,000,000 enables the entire package. I guess witnuut
that, we cannot move furward.
Mr. Bailey: Absolutely. The $6,000,000 serves two purposes. One, is
collateral guarantee for the letter of credit on the larger issue, and tnen
you have the flexibility to determine now you use it after that. It is a very
flexible financing package, and any decision that this Commission makes,
subsequent to the issue, we hope that we will be able to deal with it dnd ! am
pretty sure we will.
Mr. Dawkins: Okdy, if I...
Mr. Bailey: You can decide after, whatever you like. The important issue
here now, is to get us ready so that we can go to the market as soon as we are
able to, otherwise, we might miss it again.
Mr. Plummer: Mr. Bailey, let me make a statement, and you tell me if it is
correct - that without the $6,000,000, you will not get the $60,000,000. You
will only have $43,000,000.
Mr. Bailey: I won't have the $43,000,000. We won't have anything, because
the banks are requesting...
Mr. Plummer: I thought the five were going to back up the $43,000,000.
Mr. Bailey: Well, that is the same $6,000,000.
Mayor Suarez: Yes, because there is about $1,000,000 lost.
Mr. Plummer: They ere asking for that also?
Mr. Barley: No, I am not asking for another one. This $6,000,000 does
everything we need.
Mr. Plummer: A true statement is, if you don't vote for the $6,000,000, you
will not get the $60,000,000.
Mr. Bailey: That is absolutely right.
Mrs. Kennedy: Mr. Mayor, let me just ask Mr. Bailey something.
Mr. Dawkins: Will you get the $60,000,000... I am sorry.
Mrs. Kennedy: Okay. While I understand that we desperate need nousing
throughout the entire City, how can we go against what we promised the voters?
Mr. Bailey: We do have a couple more packages on the agenda that will address
scattered site housing that I think the Commission might find to be accepceble
in addressing those issues. We are asking for permission to buy scattered
sites that are throughout the City for which we can do some low and moderate
income housing. We are also asking to designate certain sites. The financ-
ing of that, we will also have to come back and ask for, but we are addressing
those issues.
Mr. Dawkins: Mr. Mayor, can I continue this until after lunch and ndve lunch
with Mr. Bailey and see if we can't come to some agreement here?
Mayor
Suarez: Yes, why don't wc...
I will entertain that motion and
I gdtner
from
hearing from the consensus of
the Commissioners, tnat you agree
that we
f
might
best postpone this item. If
I have to accepL. the restriction
imposed,
and I really am not particularly
in favor of it, because I don't
think we
need
to do it, it would be with the
understanding that later you will
be able
February 13, 1966
46
to cone back to the Commission, so we would again indicate to you what other
areas of the City needs scattered housing, but that maybe can be discussed at
lunch time. I have my own views.
Mr. Dawkins: Before we leave this issue, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Dawkins: Mr. Bailey, will you get in touch with H.U.D., because ; was
told last night that H.U.D. - there is 100-units allocated to us of
_ money.
Mr. Bailey: We do have 100-units.
Mr. Dawkins: All right, well, I understand that yesterday at a meeting tndt
H.U.D. said tnty were going to take it back because we did not get the
U.D.A.G. money. I want you to know from this Commission that you called nim
and tell him, that we are going to use those 100 units. Just like Commission-
er Kennedy said, we need housing, and I don't care who we have got to give it
to, but let's get this and give it to somebody, so we can get these units
built.
Mr. Bailey: Yes. Now, we will express this Commission's desire to keep those
units to be used in the City of Miami. We do go back before the Surtax Board
on the 13tn.
Mr. Dawkins: No, I want you to get in touch with them toddy, sir.
Mr. Bailey: Yes, we will call them today, and we will call H.L'.D., too.
Mr. Dawkins: Okay, thank you. Thank you, Mr. Mayor.
Mayor Suarez: Thank you, Mr. Bailey. We have by consensus postponed item
38.
13. OPEN SEALED BIDS FOR CONSTRUCTION OF N.W. 47TH AVENUE HIGHWAY IMPROVEMENT
B-4505.
Mayor Suarez: Agenda item 67. Please proceed.
Ms. Hirai: We need a motion to open bids and refer them for tabulation, Mr.
Mayor.
Mayor Suarez: You need a motion?
Ms. Hirai: Yes, sir.
Mayor Suarez: Do we have a motion to open the bids?
Mr. Plummer: Motion to open the bids.
Mayor Suarez: It has been moved. Seconded?
Mrs. Kennedy: Second.
Mayor Suarez: It has been seconded. Please call the roll.
THIS BEING THE DATE AND TIME advertised for receiving sealed bids, the
Mayor announced that the City Commission was now ready to receive sealed
bids: The following motion was introduced by Commissioner Plummer, who
moved its adopLion:
A MOTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULA-
TION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE:
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
47
February 131 1986
s
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: What is the projected cost by the Deparcment?
Mr. Odio: $100,000.
Mr. Plummer: How much?
Mr. Odio: $500,000.
Mr. Plummer: $500,000 is the projection cost. Go ahead, read she bids,
please.
Ms. Hirai: Mr. Mayor, these art bids for the construction of N.W. 47th
Avenue, Highway Improvement B-4505.
P. J. CONSTRUCTORS INC. $542,182.06
MIRI CONSTRUCTION INC. 517,251.56
GARCIA ALLEN CONSTRUCTION 732,306.00
M. VILLA ASSOCIATES INC. 578,003.56
ROENCA CORPORATION 495,044.06
LANZO CONSTRUCTION CO. 629,582.00
MARKS BROTHERS COMPANY 540,526.50
ALFRED LLOYD 6 SON INC. 638,215.50
FRE CONSTRUCTION INC. 570,299.40
Mr. Mayor, those are all the bids.
Mayor Suarez: What is the projected cost, and what is the low bid comparison?
What is the lowest bid?
Mr. Odio: $500,000. The projected cost is $500,000.
Mayor Suarez: And what is the lowest bid, Madam City Clerk?
Ms. Hirai: We would have to check one by one, Mr. Mayor.
Mayor Suarez: That is all right. Do we need any further action from the
Commission on it? Just open up the bids?
Ms. Hirai: Yes.
Mayor Suarez: It has been moved that we send this to the appropriate depart-
ment for tabulation and seconded. Any further discussion? Call the roll.
Mr. Plummer: Excuse me. Very carefully, my wording was not to award - not to
award - for tabulation...
Mayor Suarez: Just tabulation. ,
Mr. Plummer: ... and bring them back to this Commission, and there is a reason I
said that.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-109
A MOTION TO OPEN SEALED BIDS RECEIVED FOR CONSTRUCTION
OF N.W. 47 AVENUE HIGHWAY IMPROVEMENT B-4505; FURTHER
DIRECTING THE CITY CLERK TO FORWARD SAID BIDS TO THE
ADMINISTRATION FOR PROPER TABULATION OF SAME; AND FUR-
THER DIRECTING THE CITY MANAGER TO BRING THIS ISSUE
BACK BEFORE THE CITY COMMISSION BEFORE FINAL AWARD.
48 February 13, 1986
upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Nona.
14. COMRMS RE FILM FESTIVAL REPRESENTATIVE ALLEGATION THAT COMMISSION
REQUESTED TICKETS FOR FESTIVAL (See label 10)
Mayor Suarez: Commissioner.
Mr. Carollo: If I may, I need to take a couple of minutes of 1 think whdc
could be construed as an emergency request to clear the air on a matter that
we just voted upon - the film festival. It has been told to me by members of
the media that Mr. Thomas Spencer made a statement to them that what upset him
the most about members of this Commission voting against the request that they
made, the $50,000 from the City of Miami for the Miami Film Festival was tnat
members of this Commission that voted against it had requested tickets from
them. Well, as one member of this Commission, the Miami Film Festival, last
year when we approved $50,000, sent me complimentary tickets, like they sent
to every member of this Commission, to attend any or all of the films that
were shown. This member of this Commission did not attend a single one of
those films. Frankly, I work 60 to 65 hours a week. I am too damn busy to
even go out and see a film. Tnis time around, after they did not get the
monies that they requested, Mr. Spencer goes down to the low level, to the
bottom of the barrel, to try to throw mud at members of this Commission that
would not vote to give taxpayer's money to his film festival, and he makes
allegations based upon... this letter was received in my office, and it was
the first I've seen of it - February 3, 1986, where he writes in the bottom,
with his own handwriting: "Joe, lei me know if you want tickets," and he puts
down a number. Obviously, what Mr. Spencer was trying to do, was trying to
get staff members of individual Commissioners, knowing darn well that some of
us, if not all of us, are quite busy, and we don't read a lot of this that
comes by like that until much later, to try to get tickets, so that he could
throw this in our faces, and try to use it as a possible element of blackmail
to get monies from the City of Miami. At the same time, after one of my aides
talked to him, wanting to find out about the letter that he sent, he volun-
teered, to send this card, like the one he sent last year without us request-
ing it again, so that I could attend, along with other members of the Commis-
sion, that probably received it, any of the films that were shown. Again, I
have not gone to any of the films that were shown, and I will not go to any,
because I am too busy, and so there would not be any doubt whatsoever, whether
I am going or not, or for Mr. Spencer to be screaming out how dare we didn't
give him $50,000, after he sent us a little card. You know, I am destroying
the card right here, so he can know that not only am I saying I am not going,
but I can't even use it, and if any constituency that we represent called my
office, or called his office to request any kinds of tickets for themselves to
be used, I personally will be more than happy to pay for any such tickets
myself, and the last thing I want to say, Mr. Mayor, members of this Commis-
sion, is that if anyone that comas to this Commission requesting monies think
that they are going to influence members of this Commission to vote for
thousands of dollars by playing little games like this, of sending complimen-
tary tickets and then if "X" commission doesn't vote for what they want, they
are going to try to throw mud at them, they have got another thing coming.
Tnis is not the way things are done in America. This is not things are done
here in Miami, and I just think that it is quite shameful and embarrassing to
the Film Festival that Mr. Spencer will go down to the bottom of the barrel,
down to the gutter, like he has in this issue.
49 February 13, 1986
Mayor Suarez: Let me just comment very briefly on that, because I had not
seen Mr. Spencer's comments. Maybe the press has not reflected them yet, and
if they are as Commissioner Carollo states, it would be, from perspective,
rather inappropriate. I have in the past received all kinds of invitations
and cards and free vouchers, and what I try to do with them in general, like I
did with the one that I received from Regine's, is to send copies of my letter
thanking them for the card and the membership, to all the Commissioners and
their staff, suggesting that they might use the Regine's card, and I hereby
extend the use of it to everyone in the audience and the City of Miami. I
don't know what will happen when you get there, but so be it, and I think
Commissioner Carollo has stated well that we will not be influenced by any
such thing. I presume, really, that the Film Festival expected all the
Commissioners and staff to be able to attend some of their functions, at least
so we can see what they are like.
15. CC;M*IENTS RE PROMOTIONS IN FIRE DEPARTMENT EXCLULED BLACKS See label 19-
A)
0
Mayor Suarez: Commissioner Dawkins?
Mr. Dawkins: Since we are on emergencies, I've got one, Mr. Mayor. Mr.
Manager, will the fire fighters - is Teems here?
Mayor Suarez: He was back there he is.
Mr. Dawkins: Will all the fireighters come forward? ... and Mr. Teems, come
forward. Mr. Manager, you have 639 uniformed Fire people. 405 are White, 68
are Black, and 153 are Hispanic. There is a promotional list out, where 28
Whites are being promoted ... where 28 people are being promoted - 23 Whites,
no Blacks, and 5 Hispanics, can you explain that to me?
Mr. Odio: Sir, I have not seen that list. I will ask the Fire Chief to meet
with me and show me that list.
Mr. Dawkins: You guys go with Mr. Teems over here, so I can find out what
this is. Thank you.
Mr. Plummer: Well, plus the fact that there is a freeze on promotions. Mr.
Manager, there is a freeze on promotions.
Mayor Suarez: I was not aware of the promotional list, and I am very inter-
ested in it, like Commissioner Dawkins. Can we defer this item and...
Mr. Dawkins: No, we are through with it.
Mayor Suarez: Yes, we are through with it. We would just like to have the
information that Commissioner Dawkins has requested.
16. SECOND READING ORDINANCE: AMENDING CODE RE "STREETS AND SIDEWALKS"
Mayor Suarez: Okay, we are on the second reading of ordinance - item 39. I
believe it is just a clarification type item, is that correct?
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: It has been moved and seconded. Do we nave to have a reading
at this point? It is the second reading of an ordinance.
February 13, 1986
50
1% 3
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, ENTITLED "STREETS, AND SIDE-
WALKS" BY AMENDING SECTION 54-104 ENTITLED "NONSTAND-
ARD STREET WIDTHS", BY THE ADDITION OR DELETION OF
CERTAIN STREETS; ESTABLISHING AN EFFECTIVE DATE; AND
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of January 9, 1986,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordi-
nance was thereupon given its second and final reading by title and passed
S
,
and adopted by the following vote-
I
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins*
Mayor Xavier L. Suarez
NOES: None.
' ABSENT: None.
*NOTE: Although absent on roll call, Mr. Dawkins later asked of the Clerk to
be shown voting with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10077.
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.
17. SECOND READING ORDINANCE: NEW SPECIAL REVENTE FUND "PARK DEVELOPMENT
FUND"
jMayor Suarez: Item 40.
Mrs. Kennedy: Move item 40.
Mayor Suarez: Second reading. It is accepting a $5,000 gift, I believe.
Mr. Plummer: Oh, for sure!
Mayor Suarez: Yes, we always accept Lhosr! Do you have to read the ordi-
nance?
(THEREUPON, AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD)
Mr. Plummer: Excusz me, under discussion - I'm sorry. What is this that they
have got to be matched? We are accepting $5,000 from Diamond's, period!
Mr. Odio: That is it.
Mr. Plummer: No, no. That is not what this ordinance says. It says it has
got to be matched by Federal or State funds.
(INAUDIBLE BACKGROUND COMMENTS]
Mr. Plummer: But, no, they can.
Mayor Suarez: It is not contingent on the obtaining of matching funds, is it?
- Mr. Plummer: It is the way it reads. Does it read the flexibility that we
4' can use it outright if we don't get the match?
�v February 13, 1986
51
(INAUDIBLE BACKGROUND COADIENTS)
Mr. Plummer: Okay, I am told, it would be if we can. Call the roll.
Ms. Hirai: Mr. Mayor, excuse me, I don't nave a move and second.
Mayor Suarez: We don't have a move and a second.
Mrs. Kennedy: I moved. Plummer seconded.
Mayor Suarez: It has been moved and seconded. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE N0. 9743,
ADOPTED NOVEMBER 16, 1983, WHICH ESTABLISHED A SPECIAL
REVENUE FUND ENTITLED "PARK DEVELOPMENT FUND", BY
ESTABLISHING RESOURCES AND APPROPRIATIONS FOR SAID
t FUND IN THE AMOUNT OF $5,000 AS THE RESULT OF PRIVATE
3 DONATION BY FABULOUS DIAMONDS PARTNERSHIP FOR THE
PURPOSE OF DEFRAYING THE COST OF PARK DEVELOPMENT
i PROJECTS OR PROVIDING LOCAL MATCH REQUIREMENTS FOR
FEDERAL AND STATE GRANTS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of January 9, 1986,
` was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Plummer, the Ordi-
nance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
' Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10078.
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.
18. SECOND READING ORDINANCE: $75 FEE FOR EMERGENCY MEDICAL TRANSPORTATION.
Mayor Suarez: Item 41 - second reading of an ordinance imposing a $75 user
fee.
Mr. Plummer: Move it.
Mayor Suarez: We certainly discussed it enough the last time around.
Mr. Plummer: I think so. I hope so!
Mayor Suarez: Do you want to read the ordinance, please?
52 February 13, 1986
ki
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A USER FEE OF $75 FOR USE OF
THE EMERGENCY MEDICAL TRANSPORTAT'.ON SERVICE OF THE
FIRE, RESCUE, AND INSPECTION S1RVICES DEPARTMENT;
REQUIRING A PROCEDURE RECOMMENDED BY THE CITY MANAGER
FOR COLLECTION OF SAID USER FEE AND APPROVAL THEREOF
BY THE CITY COMMISSION; CONTAINING A REPEALER PROVI-
SION, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of January 9, 1986,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plumy �r, , on(led by Commissioner Kennedy, the Ordi-
nance wds thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10079.
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.A - COMMENTS ON FIRE DEPARTMENT PROMOTIONS (See label 15)
Mr. Odio: Commissioner Dawkins, there will be no promotions as of this time.
You do not have to concern yourself about that list - that was the FirC
Department. I have to meet with the Chief before anything can be done on
that.
Mr. Dawkins: I was wondering how the Chief could make promotions without the
Manager or the union knowing about it.
Mr. Odio: For your information, I met with Chief McCullough last week. We
went over a lot of matters about the Fire Department. I have authorized that
he reorganize the Department himself without outside help, and that he is to
come back to me with a reorganization plan in which promotions would be
included, but there will bC no promotions without reorganization.
Mr. Teems: Basically, I understood there was a freeze on promotions, and I
didn't know this.
Mr. Odio: Citywide, but particularly with the Firr Department. They must
come back to me with a reorganization of the whole Pire Department before they
can get any promotions, or anything else.
Mr. Teems: That is the way I understood it.
Mr. Odio: Yes, sir.
Mayor Suarez: Might tell the Chief, that as part of that reorganization, he
ought to consider explaining why he needs 18 people in his immediate staff.
Mr. Plummer: That is what he is doing right now in the Sunset.
u Mayor Suarez: Yes, I presume thdt is going to be one of the things we will bt
analyzing.
k�.
r February 13, 1986
53
19.B - FIRST READING ORDINANCE: NEW SPECIAL REVENUE FUND
(HISTORIC PRESERVATION DOWNTOWN)
Mayor Suarez: Item 42.
Mr. Sergio Rodriguez: Item 42 is to establish a special revenue fund to
receive the money from...
Mr. Plummer: I move it.
Mrs. Kennedy: Second.
Mayor Suarez: Item 42 has been moved and seconded. Do we need to read it,
Madam City Attorney?
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED HISTORIC PRESERVATION DOWNTOWN AND APPROPRI-
ATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT
OF $30,000) CONSISTING OF $15,000 GRANT FUNDS FROM
THE STATE OF FLORIDA, DEPARTMENT OF STATE; AND $15,000
FOR FISCAL YEAR 1985-'86 GENERAL FUND: PLANNING
DEPARTMENT; CONTAINING A REPEALER PROVISION, AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission and
to the public.
20. DEVELOPMENT AGREEMENT WITH INDIAN RIVER INVESTMENTS FOR PARCEL 46 OF
SOUTHEAST OVERTOWN PARK WEST REDEVELOPMENT.
Mr. Dawkins: Can we take item 54 out of order, Mr. Mayor, please?
Mayor Suarez: Certainly, Commissioner. I understand that there is someone
that absolutely has to be excused on item 54. Ited 54 is Park West/Overtown.
Is this going to be the first...?
Mr. Matthew Schwartz: This is the first development in the project area.
Mayor Suarez: I can't believe it.
Mr. Mathew Schwartz: Things do happen. On block 46, the Indian River In-
vestments were selected last year by this City Commission on April llth.
They have the lands which has been purchased through Dade County, through the
U.M.T.A. grant. It is between N.W. 2nd and 3rd Avenues, between 7th and 8tn
,:- Streets. Indian River Investments is anticipating starting construction in
March. They have their financing for their beginning of this project. Their
first phase is a 152 unit condominium project. The project will be affordable
for low and moderate income families. It meets all the requirements.
z. ` 54 February 13, 1986
`J
Mayor Suarez: What percentage low income, just to...
Mr. Schwartz: Okay, as the utilizing the Dade County surtax program, Which
is available for this project, and they will be making a formal application
in March. All the units are affordable for families with 80% or less than 80
of the median family income for Dade County, which is considered low.
Mayor Suarez: All of the units will be affordable to those families?
Mr. Schwartz: With the surtax funds.
Mayor Suarez: Okdy.
Mr. Schwartz: There may be other families...
Mayor Suarez: What does that come out to be, just for the benefit of our
audience here today? More or less, Matthew. You don't have to give exact
figures.
Mr. Schwartz: Well, it is a family of four with an income of about $20,000.
Mayor Suarez: Or less.
Mr. Schwartz: Right. It is a one person household of about $16,000, or less,
so these are sort of the working people of Miami.
Mayor Suarez: Working poor, really.
Mr. Dawkins: Mr. Schwartz, I came on this Commission in 1981. At time, it
was supposed to be 1,000 units of affordable housing. The money was allocat-
ed, and no housing. Now, we have been into this Overtown/Park West for two
years. When is the date that we can expect, if we approve this now, the
ground will be broken, and the first unit - people can move in it.
Mr. Schwartz: Commissioner Dawkins, the 1,000 units, I think that was ap-
proved four years ago was for rental housing.
Mr. Dawkins: Was for affordable housing.
Mr. Schwartz: It was affordable, but it was...
Mr. Dawkins: We still don't have that!
Mr. Schwartz:... yes, sir. Indian River anticipates breaking ground in March -
the middle of March. There is one more building to be taken down on the
property. The County is transferring the land to the City the beginning of
March. We are ready to go. The developer has its financing. It has been
reviewed by our office. It meets the requirements. This is a first rate,
quality development. This is the first time in Overtown in over 50 years, I
think that is privately sponsored, and most of it is private money going into
this project is being developed.
Mr. Dawkins: When we have a zoning meeting March 27th, you are telling me
that ground should be broken on this project?
Mr. Schwartz: That is the schedule that we are working on.
Mr. Dawkins: No, no, no.
Mr. Schwartz: Yes.
Mr. Dawkins: I want to get off tht schedule you have been on and get on a
schedule that is going to get it done.
Mayor Suarez: Is there any reference in the document that we would be approv-
_
ing, and I didn't get a chance to read through it all - to any of the subcon-
tractors, such as the Doran Jason Company, possibly, or Jenber Construction,
`
that you know of?
..
Mr. Schwartz: In the draft of the document, in the minority participation
agreement, it does mention Christian Development. I think Linda can answer
r '
February 13, 1986
55
IN I
more detail. I believe that it is the intention of the developer to use that
contractor as a general contractor, but in case that he is unable to, he may
have to substitute. He hasn't got the final dollar values, but that has been
their intention all along.
Mayor Suarez: I have no problem with Christian Development, because I have
never represented them. I have represented both Jenber Construction and Doran
Jason Company. You don't know if... Counselor, is there dny indication her,.
that either one of those two entities is required to be used, or otherwise
benefits from this, and if so, does that create a conflict for me, for naving
represented them in the past?
Mr. Robert Sechen: Yes, Commissioner. Our page 4 of the minority parci,-ipd-
tion agreement specifies that tne...
Mayor Suarez: You know, if you guys keep calling me Commissioner, I'm redlly
going to...!
9
Mr. Sechen: Mr. Mayor, I'm sorry. Mr. Mayor, I am not used to being here
either.
k
Mayor Suarez: I've got tickets to the Film Festival, so I am anead.
Mr. Sechen: I promise to remember, as long as you don't call me Madam City
Attorney! (LAUGHTER)
Mr. Carollo: Well, gentlemen, you are both correct.
Mr. Plummer: We might not call you attorney at all, the way you are going!
Mr. Carollo: The Charter does say the Mayor is also a Commissioner - a
member of the Commission.
Mayor Suarez: That is true.
Mr. Carollo: You are both correct.
Mayor Suarez: Which enhances my prestige!
Mr. Dawkins: Mr. Mayor, I met with the developers last night, and they plan
to use either Christian or Jenber, and said they will give us an estimate cost
of the project, and whichever one with the best bid, that is the one they plan
to use. Now, I told them that we wanted the cost estimate prior to their
receiving any bids, so that we will know that when they come back and say
"This is the amount," we knew it up front before the bids went out, so they
don't know which one they are going to use.
Mayor Suarez: Well, let me ask a question. Does this Commission control who
the developer will be?
Mr. Schwartz: No. Our concern is for minority participation. There are
certain minority participation goals that were established for this project,
and the developer has agreed to follow that.
Mr. Plummer: So, the only concern that we have is on the minority participa-
tion.
Mr. Sechen: Yes.
Mr. Plummer: They have to demonstrate to this Commission that it doss qualify
under the minority.
Mr. Sechen: That's correct.
Mr. Schwartz: Right, before the land is turned over to the developer, we
will have the breakdown exactly on the first phase of the contracts and the
minority participation at that time, if it meets the requirements.
Mr. Plummer: Does it come back before this Commission?
yh Mr. Schwartz: As the way it is done now, it does not.
�f
February 13, 1986
56
Mr. Plummer: I think it should. I think it should! The reason I say that, I
want to give first crack at local minorities. If we have local minorities, I
want them to have a preference, rather than taking and running with my dol-
lars to Atlanta, New York, Boston, and elsewhere, so I would like to have that
matter brought back before this Commission before the property is turned. All
due things being equal, I want to look after home folks. I've got no problem
with that.
Mayor Suarez: I think at this point, they envision using Christian Develop-
ment, if they can, and that is a local developer, but it is a point well taken
that we should have one more look at it in case they change their minds on
that.
3
Mr. Schwartz:
I think LhC safety valve with this is that they are starting on
the first bid
with nine units, and usually with the nine unit project, they
would nut be attracted to bring out of town contractors into Miami.
F
Mayor Suarez:
When they go to the big phase, we want to know that they are
giving a fair
shake to local developers.
Mr. Schwartz:
We will continue monitoring this and provide reports.
I Mr. Plummer:
And we want to keep it that way.
4 Mayor Suarez:
Okay, we have a motion on item 54, with the additional caveat
given to the
department that we would like to look at this in the event of a
change in local developer to an out of town developer. Do we have a motion on
it?
Mr. Plummer: So moved.
Mr. Dawkins: Second.
Mayor Suarez: It has been moved and seconded. Further discussion? Please
call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-110
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH
INDIAN RIVER INVESTMENTS OF MIAMI , INC., IN SUBSTAIN-
TIALLY THE FORM ATTACHED, FOR THE DEVELOPMENT OF
PARCEL 46 OF THE PHASE I REDEVELOPMENT AREA OF THE
SOUTHEAST OVERTOWN PARK WEST REDEVELOPMENT PROJECT
SUBJECT TO A SATISFACTORY APPRAISAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
57
February 13, 1986
21. FIRST READING ORDINANCE: AUTHORIZE CITY MANAGER TO ISSUE BEER AND WINE
SALE PERMITS FOR SPECIAL EVENTS.
Mdyor Suarez: Agenda item 43..
Mr. Plummer: Item 43, I would like to move it with the proviso that each
individual one of these still have to come before the Commission. Basicaily,
all we ere doing here is collecting $300 if they do get the approval, but I
want to make damn sure that none of these whiskey and beer permits will be
given to rock groups, and that is my concern.
Mr. Odio: We will make sure that we come back to you for every permit issued.
Mdyor Suarez: Well, wouldn't it make more senbe, Commissioner, if that is a
concern to so instruct the City Manager, in case it is a rock group, as
opposed to having every single one come before us? We are trying to unclog
the agenda a little bit. We have 90 some items today.
Mr. Plummer: Mr. Mayor, I have no problem, and only two of those items today
are relating to that kind of a situation. I would have no problem putting in
the hands of the Manager those areas that are requests from any kind of, well,
how do you describe it?... other than the norm, no rock concerts, or any of
that, are allowed, and that they would be automatically denied. Now, if you
can work out that wording, I have no problem with it.
Mr. Odio: If we want to include that in the second reading, we will ... I just
talked to the Chief.
Mr. Plummer: That is fine.
Mayor Suarez: Please. Yes.
Mr. Plummer: I've got no problem.
Mayor Suarez: Okay, do we have a move on the item?
Mr. Plummer: I move it.
Mayor Suarez: Moved by Commissioner Plummer. Second?
Mrs. Kennedy: I second.
Mayor Suarez: It has been seconded. Any discussion? 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.
Was introduced by
Commissioner Plummer
and' seconded by Commissioner
Kennedy and was passed on
its first reading by
title by the following vote -
AYES: Commissioner
Joe Carollo
Commissioner
J. L. Plummer, Jr.
Commissioner
Rosario Kennedy
Vice -Mayor Miller
J. Dawkins
Mayor Xavier
L. Suarez
NOES: None.
ABSENT: None.
r
The City Attorney
read the ordinance into
the public record and an
pounced that copies were
available to the members of the City Commission and
to the public.
February 13, 1986
58
4* 4
22. EMERGENCY ORDINANCE: AMEND ORDINANCE 9939, CAPITAL IMPROVEMENTS.
Mayor Suarez: Agenda item 44.
Mr. Sergio Rodriguez: Item 44 is the amendment to the appropriations ordi-
nan.-e, 9939, that deals with all the projects for the 1985-'86 capital budget.
As you are aware, the capital budget includes new projects and increasing
appropriations from previous years, and includes projects which are over
$20,000 of capital nature. The funds from these projects are taken from
General Obligation bond funds, revenue bonds, enterprise funds, retained
earnings, capital improvement funds, and Florida Power and Light Company
franchise revenues. What we are doing here today is basically, sir...
Mr. Plummer: Sergio, let's snort -circuit it. This is to be done on an annual
basis. That is what we are doing. We can change it at any time, if it needs
to be done, but we have Lo establish a record of a program. I so move item
44.
Mr. Rodriguez. Yes, sir. If I may add something. I understand this item
should be approved as an emergency, because we are holding several bids,
because this hasn't been done.
Mr. Plummer: Madam City Attorney, can they justify the emergency?
Mrs. Dougherty: Yes, sir.
Mr. Plummer: Fine.
Mrs. Kennedy: Let me just clarify ... okay, second for discussion. This is
just an accounting procedure, is this correct?
Mr. Plummer: No, it is a policy.
Mr. Rodriguez: It basically establishes an appropriations ordinance that
will allow us to go and in the future come back with bids and other projects;
that if you don't allow this to proceed, they cannot come back afterwards for
you to approve in the future.
Mayor Suarez: And it basically the one year element of the budget for 1985-
'86. It does not get us into the five year program, which I think is another
item we will be considering later on today.
Mr. Rodriguez: It is a companion item, of this, which is item number 60.
Mayor Suarez: Yes, and that, you arc going to have a little more trouble from
me on. One year is one thing. Another thing is expecting us to have digest-
ed and approved your entire program.
Mr. Rodriguez: I am willing to meet with you on that, sir.
Mayor Suarez: How about lunch?
Mr. Rodriguez: If you would like.
Mayor Suarez: Call the roll, please.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE 9939 ESTAB-
LISHING APPROPRIATIONS FOR CAPITAL IMPROVEMENTS;
CONTINUING PREVIOUSLY APPROVED CAPITAL IMPROVEMENT
PROJECTS SCHEDULED; AND ESTABLISHING NEW CAPITAL
IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1985-
86; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
_ February 13, 1986
x
59
_ _a
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the re-
quirement of reading same on two separate days, which was agreed to by the
following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Nona.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10080.
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.
23. BID ACCEPTANCE: WILLIAM PAVING COMPANY FOR DOWNTOWN HIGHWAY IMPROVEMENT.
Mr. Don Cather: Mr. Mayor, before we go to item 69, I would like you to at
this time pass items 15, 16, and 17, which were contingent upon the passing
of the capital improvement ordinance.
Mr. Plummer: So moved.
Mr. Carollo: What items?
Mr. Cather: 15, 16 and 17.
Mayor Suarez: They were excluded from the consent agenda, pending item 44,
which we approved.
Mr. Plummer: So move 15, 16, and 17.
Mayor Suarez: Items 15, 16, and 17 being moved in conjunction. We nave d
motion. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: It has been moved and seconded.
the consent agenda, please call the roll.
Any discussion? They are from
60
February 13, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-111
A RESOLUTION ACCEPTING THE BID OF WILLIAMS PAVING CO.,
INC. IN THE PROPOSED AMOUNT OF $1,523,336.52, BASE BID
OF THE PROPOSAL, FOR DOWNTOWN HIGHWAY IMPROVEMEI"T -
PHASE I, WITH MONIES THEREFOR ALLOCATED FROM THE
,DOWNTOWN STREET IMPROVEMENTS PHASE I, WITH MONIES
THEREFOR ALLOCATED FROM THE "DOWNTOWN STREET IMPROVE-
MENTS PHASE I" ACCOUNT IN THE AMOUNT OF $1,523,336.52
7 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY
a MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
24. BID ACCEPTANCE: MIRI CONSTRUCTION INC. FOR BUENA VISTA HIGHWAY IMPROVE-
MENT - PHASE II B-4506 BID "A".
Mr. Plummer: Move item 16.
Mrs. Kennedy: Second.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-112
A RESOLUTION ACCEPTING THE BID OF MIRA CONSTRUCTION,
INC., IN THE PROPOSED AMOUNT OF $556,414.91, BID "A:
OF THE PROPOSAL, FOR BUENA VISTA HIGHWAY IMPROVEMENT -
PHASE II 8-4506 BID "A"; WITH MONIES THEREFOR ALLOCAT-
ED FROM "BUENA VISTA STREET IMPROVEMENTS - PHASE II"
ACCOUNT IN THE AMOUNT OF $556,414.91 TO COVER THE
CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
� Y
-- ABSENT: None.
61
February 13, 1986
1 14
25. BID ACCEPTANCE: M. VILA AND ASSOCIATES, INC. FOR BUENA VISTA HIGHiiAY
IMPROVEMEh"T-PHASE II B-4506 BID "A".
Mr. Plummer: Move item 17.
Mrs. Kennedy: Second.
The following resolution was introduced by Commissioner Plummer, wno
moved its adoption:
RESOLUTION NO. 86-113
A RESOLUTION ACCEPTING THE BID OF M. VILLA & ASSOCI-
ATES, INC., IN THE PROPOSED AMOUNT OF $627,975.89, BID
"B" OF THE PROPOSAL, FOR BUENA VISTA HIGHWAY IMPROVE-
MENT - PHASE II B-4506 BID "B"; WITH MONIES THEREFOR
ALLOCATED FROM "BUENA VISTA STREET IMPROVEMENTS -
PHASE II" ACCOUNT IN THE AMOUNT OF $627,975.89 TO
COVER THE CONTRACT COST; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissiouer J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
26. WAIVING PROHIBITION AGAINST TRANSACTION OF CITY BUSINESS WITH FORMER
EMPLOYEE LEAVING WITHIN 2 YEARS FOR HOWARD V. GARY.
------------------------------------------------------------------------------
Mayor Suarez: Let's take up item 68 very quickly and see if we can dispose of
that, and then go to 69.
Mr. Plummer: Mr. Mayor, I move item 68, which is the ratifying of the last
Commission meeting, in which it passed unanimously.
Mayor Suarez: Is that a blanket waiver, or are we doing item by item?
Mr. Cather: There are three items set forth in the -resolution.
Mayor Suarez: I mean, as far as the waiver of Mr. Howard Gary being able to
deal with the City, and a waiver of that ordinance's effect on him, is that
on any future dealings, forever and ever?
Mrs. Dougherty: No, just the items...
Mr. Plummer: Three spelled out items.
Mayor Suarez: On the three spelled out items? Okay, thank you for the
clarification. Do I hear a motion on this item? I did. Do we nave a second?
Mr. Dawkins: I second.
February 13, 1986
t 62
Mayor Suarez: It has been moved and seconded. Any discussion?
Mr. Carollo: Excuse me, what item is this now?
Mayor Suarez: Item 68. It is a waiver of the prohibition on employees ... a
particular employee not being able to deal with the City for two years.
Mr. Dawkins: I'd like to put in the record, before we vote, I saw in the
Miami Herald this morning, and I said I wasn't going to say anything about the
Miami Herald, but the Miami Herald didn't say anything when Joe GrdSSle, wno
was a City Manager for the City of Miami, and left the City of Miami and went
to the employment of the people whom he gave the contract to that he nego-
tiated, that he did everything for with the its Hyatt House, but yet, when
Howard Gary goes to do the same thing, is wrong, and I would like for the
Miami Herald to explain to me what the difference is.
Mr. Plummer: Gary doesn't wear bow ties.
Mr. Carollo: Gentlemen, if I may... is Howard here now?
Mayor Suarez: I don't see him.
Mr. Carollo: Can we vote upon this in the afternoon to give him, possibly,
the opportunity, if he wanted to come and make any statements, to come...
Mr. Plummer: I spoke with Mr. Gary yesterday, and he inferred to me that it
was his intent not to be here.
Mayor Suarez: I don't think it will necessarily enhance his chances for him
to be here.
Mr. Carollo: That was before the editorial, I think, so I don't know if ne
wants to come or not, but I have no problem voting upon it now, but, you
know, we could...
Mayor Suarez: Yes, I think we are...
Mr. Carollo:... just wait for the afternoon, in case he might want to come and
make a statement.
Mayor Suarez: Well, is there any particular clarification that you would need
from him? ... because I am ready to vote, and I have a feeling that the item
is going to pass.
Mr. Carollo: I don't need any clarification. I just want to give him the
opportunity, if he wants to make a statement.
Mr. Plummer: I would say the proper way to do it would be to go ahead and
vote for this item, and if he wants the opportunity to speak this afternoon,
he can come down and do so.
Mr. Carollo: Fine. I have no problem voting upon it now.
Mayor Suarez: .I don't want to tell any Commissioner how to do things, Commis-
sioner Dawkins, but sometimes the best way to deal with the Miami Herald's
. recommendations is to ignore them altogether, but I am ready to vote.
Mr. Plummer: Oh, n000000000!
Mr. Dawkins: Yes, I do chat. This is the first time I have responded, and
the last time, but I just couldn't let that go by.
1 Mayor Suarez: Please call the roll.
63 February 13, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-114
A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE VOTE OF
THE MEMBERS OF THE CITY COMMISSION AFTER A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE
TRANSACTION OF CITY BUSINESS AND APPEARANCES OF A
FORMER CITY OFFICER, OFFICIAL, OR EMPLOYEE BEFORE THE
CITY COMMISSION WITHIN 2 YEARS AFTER LEAFING CITY
EMPLOYMENT AS SUCH PROHIBITION APPLIES TO HOWARD V.
GARY, WHO LAST SERVED AS CITY MANAGER ON DECEMBER 6,
1984 AND WHO HAS SINCE BEEN ENGAGED AS A CONSULTANT IN
ZONING, LAND USE, MINORITY ECONOMIC DEVELOPMENT AND
PROCUREMENT, AND DEVELOPMENT MATTERS AND WHO NOW
SEEKS TO TRANSACT CITY BUSINESS AND REPRESENT CLIENTS
IN MATTERS COMING BEFORE THE CITY COMMISSION FOR ITS
CONSIDERATION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
I 27. CANCEL CONSTRUCTION OF ROADS AREA HIGHWAY IMPROVEMENT - PHASE I, AS PER
REQUEST OF CITIZENS IN AREA.
Mayor Suarez: Item 69. We are going to try to take you up as quickly as
possible. We are entitled to have lunch too, like everyone else.
Mr. Plummer: Hold on he's going to withdraw it.
Mr. Cather: We had a public meeting on this item, following our initial
public hearing...
Mayor Suarez: No, no, wait. We arc going to hear from the City first,
please.
Unidentified Speaker: Oh, sorry.
Mr. Cather:...and at that meeting, there were 20 people - 20 property owners,
31 people who objected to this improvement being constructed; namely because
they have had to endure for some time traffic problems on 25th and 26th Road.
They do not wish to be subjected to any further items on this. At this time
they have presented me with is petition from 83 property owners, subject to
verification, out of 120 properties affected, that do not want this highway
improvement, and it is the Department of Public Works recommendation ghat this
project be cancelled at this time...
Mr. Plummer: Withdrawn.
Mr. Cather:... postponed, and withdrawn, and that the Commission, at this
time, pass a rescinding motion, rescinding the ordering resolution, so that we
can take the liens off the tax rolls.
Mr. Plummer: So moved.
64 February 13, 1986
Mr. Dawkins: Second.
Mayor Suarez: I am happy to hear those motions. I am happy to hear your
recommendations and I am happy to vote to rescind. Call the roll, unless
anyone has any further discussion on the item. Call the roll, please.
The following resolution was introduced by Commissioner Plummer, wno
moved its adoption:
RESOLUTION NO. 86-115
A RESOLUTION RESCINDING RESOLUTION NO. 85-1045,
ADOPTED OCTOBER 10, 1985, ENTITLED: "A RESOLUTION
ORDERING ROADS AREA HIGHWAY IMPROVEMENT - PHASE I H-
4513 AND DESIGNATING THE PROPERTY AGAINST WHICH
SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF
THE COST THEREOF AS ROADS AREA HIGHWAY IMPROVEMENT
DISTRICT - PHASE I H-4513.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J• Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: Since the Mayor is happy, I vote yes.
Mayor Suarez: We have just redefined the concept of improvements, so that
they have to take into account whdt the people feel that they are improve-
ments, and in this case, we took that into account, and you pretty much told
us that they were not improvements from your perspective, and they will not be
done.
Mr. Dawkins: Be sure and vote for Plummer next year! (LAUGHTER)
February 13, 1986
28. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF AUBURN SANITARY SEWER IMPROVE-
MENT SR-5475-C.
Mayor Suarez: Vnich items arc there now?
Mr. Cather: Items, 70, 71 and 72.
Mayor Suarez: Commissioners, do you wane to try to get through those real
quickly, because there are public hearings scheduled for 11:30 a.m.
Mr. Plummer: I move item 70.
Mr. Dawkins: Second 70.
Mayor Suarez: Item 70, confirming the assessment roll. It nas been moved.
It has been seconded. Any discussion from the Commission? Please call the
# roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-116
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUC-
TION OF AUBURN SANITARY SEWER IMPROVEMENT IN AUBURN
SANITARY SEWER IMPROVEMENT DISTRICT SR-5475-C
(CENTERLINE SEWER) AND REMOVING ALL PENDING LIENS FOR
THIS IMPROVEMENT NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
_ Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Noue.
------------------------------------------------------------------------------
29. CONFIRM SUPPLEMENTAL PRELIMINARY ASSESSMENT ROLL FOR KIRKLAND SANITARY
SEWER IMPROVEMENT SR-5478-C.
------------------------------------------------------------------------------
Mayor Suarez: Item 71, another preliminary assessment roll confirmed.
Mr. Dawkins: Move it.
ul
Mayor Suarez: It has been moved by Commissioner Dawkins.
Mr. Plummer: Yes.
Mayor Suarez: It has been seconded. Any discussion? Please cdll the roll.
66
February 13, 1986
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-117
A RESOLUTION CONFIRMING A SUPPLEMENTAL PRELIMINARY
ASSESSMENT ROLL FOR KIRKLAN'D SANITARY SEWER IMPROVE-
MENT IN KIRKLAND SANITARY SEWER IMPROVEMENT DISTRICT
SR-5478-C (CENTERLINE SEWER); FURTHER REPEALING
SECTION 4 OF RESOLUTION NO. 85-1218 SAID CONFIRMATION
OF A SUPPLEMENTAL PRELIMINARY ASSESSMENT ROLL BEING
NECESSARY TO INCLUDE A CERTAIN PROPERTY PREVIOUSLY
OMITTED FROM THE ORIGINAL PRELIMINARY ASSESSMENT
ROLL.
(Herr follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
30. CLOSE N.W. 7 STREET BETWEEN 1 COURT AND 3 AVENUE FOR CONSTRUCTION OF
MALL IN OVERTOWN.
Mayor Suarez: Item 72, closing N. W. 7th Street to traffic between N. W. 1
Court and N. W. 3 Avenue.
Mr. Plummer: Move it.
Mayor Suarez: It has been moved. Do we have a second?
Mr. Carollo: Second.
Mayor Suarez: It has been seconded. Any discussion? Pleabe call the roll.
The following resolution was introduced by Commissioner Plummer, wno
moved its adoption:
RESOLUTION NO. 86-118
A RESOLUTION CLOSING N.W. 7 STREET TO VEHICULAR
TRAFFIC BETWEEN N.W. 1 COURT AND N.W. 3 AVENUE TO
ALLOW CONSTRUCTION OF A PEDESTRIAN MALL AS PART OF THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT;
FURTHER AUTHORIZING THE CITY CLERK TO ADVERTISE FOR
SEALED BIDS FOR CONSTRUCTION NECESSARY TO ACCOMPLISH
SAID PROHIBITION OF VEHICULAR TRAFFIC.
(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-
February 13, 1986
67
10
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT
11:55 A.M., RECONVENING AT 2.36 P.M. WITH ALL MEMBERS
OF THE COMMISSION FOUND TO BE PRESENT EXCEPT: Commis-
sioner Carollo.
31. REQUEST INFOR.*CATION RE MINORITY ENTREPRENEURS TO LOCATE IN THE BAYSIDE
SPECIALTY CENTER.
Mayor Suarez: Let's proceed and convene. Agenda item 94. Yes, sir. Mr.
City Manager?
Mr. Odio: Yes, sir.
Mayor Suarez: Whose item is this? Is it the staff?
Mr. Odio: It was requested by yourself.
Mayor Suarez: Myself, maybe? Well, I'm really in trouble! Where are we at
in terms of funding the minority component of the tenancies?
Mr. Odio: As you know, we got $500,000 from allocated from Metropolitan Dade
County, and we were supposed to ... plus $500,000 coming up now. Now they
need a commitment from the City of $1,000,000. I am in support of this. The
Community Development...
Mayor Suarez: Herb, would the $1,000,000 go ... first of all, where is the
$1,000,000 coming from. I have a feeling that we have it earmarked from
somewhere.
I Mr. Odio: Community Development.
Mayor Suarez: They are C.D. block grants?
Mr. Herbert Bailey: The 12th year allocations.
Mayor Suarez: And where would they go now? Would they go to either a MESBIC
or Miami Capital DevelopmenL, or some lending entity, or...?
Mr. Bailey: What we normally do when the City allocates money to be used in
this fashion, we normally run it through Miami Capital with the specific
instructions as to how the money is to be disbursed.
Mayor Suarez: Can they go from Miami Capital to the M.E.S.B.I•C. if Miami
Capital's board deems it appropriate?
Mr. Bailey: The money cannot be used up front for M.E.S.B.I.C. under existing
regulations, because as it states, the first $1,000,000 of any M.E.S.B.I.C,
has to be private.
Mayor Suarez: That what my understanding was.
Mr. Bailey: Right, and any public monies subject to the private capitaliza-
tion has to also be met by 10% of private money. You cannot establish a
M.E.S.B.I.C. with public dollars.
Mayor Suarez: In my own conversations ... I don't know, Commissioner
Plummer, my own conversations with Art Teale in regards to his M.E.S.B.I.C.,
he assured me that he had the $1,000,000 of privates monies, but I have to
admit that I haven't seen it.
68 February 13, 1986
A% I
Mr. Plummer: Well, Mr. Mayor, excuse me.
Mayor Suarez: Commissioner.
Mr. Plummer: Just to bring you up to speed, prior to your elevation as
Mayor, there was a commitment, but it was only on first reading. It never
reached second reading.
Mr. Bailey: It was never ratified by this Commission.
Mr. Plummer: That is exactly what I am saying.
Mr. Bailey:
In fact, this Commission indicated that it would
not entertain
that motion,
and that any disbursement of funds, whetner it be
$1,000,000 or
otherwise, would be determined by the Commission.
a
Mr. Plummer:
That's correct, and Mr. Mayor, I want to tell you, that incor-
rectly so, the
papers have been reporting that as fact, and it
is not, and I
t tell you that
we did pass it on first reading, but there was a
lot of infor-
mation to be
gathered in the interim before second reading,
which has not
come about at
this point. My concern has to be that Mr. Arthur
Teale, in nis
representation before this Commission indicated that they had
an additional
j $1,000,000 to
be involved in that M.E.S.B.I.C. situation, and I,
like you...
Mayor Suarez:
And that it was from private sources.
Mr. Plummer:...exactly!
And I have not seen it.
Mayor Suarez: I have not seen it either.
Mr. Plummer: Okay, so I say to you at this particular point, that until we
see some, either deposits, or bank accounts, that we should pursue that avenue
which is set up, and ready, willing and able, unless otherwise proven, through
the... and I agree with you, the Miami Capital.
Mayor Suarez: How able is Miami Capital, as long as we are on that, and I may
have had this as another agenda item, but it is quite related. I know tnat
the executive director was sick, and...
Mr. Plummer: No, well, the executive director was, and they nave an acting
director at this point.
Mayor Suarez: Who is the acting director?
Mr. Plummer: That was the second man in position.
Mayor Suarez: Who is that?
Mr. Bailey: It is the accountant...
Mr. Plummer: Mr. Yurre is the one who had the stroke.
Mr. Odio: Mr. Yurre had the stoke. Juan del Cerro had been running the place
himself as an executive director, but they have an accountant that is helping
them out. What is his name?
Mr. Bailey: Domingo Perez.
Mr. Odio: Domingo Perez.
Mr. Bailey: Right. I. think what we arc trying to get established once and
for all, Commissioners, Mayor, is whether or not that is a commitment on the
pare of this Commission...
Mr. Plummer: Absolutely!
Mr. Bailey:... to allocate $1,000,000.
Mr. Plummer: Absolutely not!
69 February 13, 1986
Mr. Bailey: Until we can get an understanding whether or not there is a
$1,000,000, the rest of the discussion really is not relevant.
Mr. Plummer: Mr. Mayor, my suggestion to you, and to this Commission, is
that they seriously consider let Mr. Herb Bailey go forward and pull all of
the entities together, and come back after he has had the time to explore and
see, and to recommend to this Commission, because at this particular time, all
we have heard is words. We have not seen dollars, we have not seen bank
accounts, and I feel very comfortable with Mr. Herb Bailey being a minority,
being involved would come back to this Commission with what is the best
recommendation for this community. I have expressed to the Bayside people my
great fear, and Lhat fear is that this Commission in its all good intentions,
has gone forth and said that we want a minimum of fifty percent minority
participation, and that quite possibly that it would be not within their
realm or ours to come up with fifty per cent of minority involvement to be
involved in thdL activity. That would be a shame that they could not reach
those goals with all the dollars involved. I would recommend, and I'm not
trying to cut off discussion, but I would recommend in the long run that we
empower Mr. Herb Bailey to go forth and bring all of the entities together,
let him go through them, for which he is very familiar, and then come back and
recommend to this Commission.
Mayor Suarez: Herb, assuming that we do that, you might give them an indica-
tion, certainly from my perspective and we have not heard from all the Commis-
sioners, I'm ready to vote to allocate the million dollars, under the assump-
tion that we get all these other components together. I don't want to be in a
situation where, you know, which came first, the chicken or the egg. You
know, we all sort of wait for each other to make the first move. I'm ready to
vote on it even on this instant. However, what I'd like to see is make sure
that the package is complete and particularly the private sector end of it
and put a litLle pressure on the Southeast Consortium and that group to see if
t they will get their monies together on the understanding and I think it's
x fairly firm now that the S.B.A. will be guaranteeing most of the loans and
that they really have to come up with about ten per cent of the total amount
of monies that they have to lend, which are not that high anyhow. If you take
four million and ten in allowances how much the B.A.C.? Seven fifty, we've
got a million presumably committed by the County.
Mr. Herb Bailey: I want to speak to that point, Mr. Mayor. The million by
the County is predicated upon the City, making this commitment of one million.
Mayor Suarez: That's what I'm afraid of, that we just keep waiting for the
other to make the move
3
3 Mr. Bailey: They have already made their commitment in writing. I think
4 their Commission has already approved the use of $500,000 for this year and
E $500,000 for next year. We have been having meetings on a continuous basis
with the Rouse Company.
Mayor Suarez: How does it look with the banks, Herb'
Mr. Bailey: Carl Palmer from Southeast Bank is chairperson for that committer
to bring in the private sector initiative, and he has indicated at d previous
meeting that there would be at least ten banks willing to participate in the
commercial side through the S.B.A. guardnteed program. It seems to be....
Mayor Suarez: Can we get written pledges from those banks as quickly as
j possible, assuming the conditions that they would impose?
Mr. Bailey: The pledge would be that they would actively participate in the
S.B.A. program. We can't absolutely guarantee that loans would be made, but
we can go through the process and if everything is favorable and relative to
the application then you can be assured that the S.B.A. will participate. The
bottom line here is to get the local banks committed to even go through the
process, and I'm assured that through Mr. Palmer, who is a member of Mr.
-Q Weaver's committee, that that commitment is there. It appears the only item
that is missing now is the commitment from this Commission as relative to our
one million dollars.
Mr. Plummer: Mr. Mayor, I would like to make- if everybody is finished... I
would like to make a motion at this time that this Commission ask the City
Administration, through Mr. Odio to Mr. Herb Bailey, that he go and gather up
70 February 13, 1986
I
U
all information, analyze that information and come back to us at the next
meeting on the 27th and give us an update and a recommendation. I think that
is very much in order.
Mayor Suarez: And I believe the consensus may be, from what I'm hearing, tnat
if we do have in fact those pledges from the private sector, the County
pledge seem to be contingent on our pledge.
Mr. Plummer: Exactly.
Mayor Suarez:..... the B.A.C. money apparently is ready to go, and I know your
four million dollars is available. We have been battling, by the way, the
Bayside people- I think all members of this Commission- to reduce their
requirements on the amounts of cash investments that the minorities have to
put in, such that they be very flexible on them. I'm not saying that they
should go all the way to zero, but I have heard the figure of four per cent as
opposed to ten per cent of the entire equity of each particular tenancy and
I'm glad to see that we moved down from ten to about four. But I'm sure in
some cases a person will have a lot more than four per cent, depending on tnt
cost of the particular tenancy.
Mr. Bailey: I'll come back on the 27th and make a report.
Mayor Suarez: Wait, we haven't voted on that.
t
Mrs. Kennedy: I'll second that motion, Mr. Mayor.
Mayor Suarez: It's been moved and seconded.
Mr. Plummer: Mr. Mayor, just for one further discussion. My concern is not
j in the area of the first year or two of operation of Bayside, because it's
new, it will definitely be, in my estimation, a tremendous success. Mine is
the long term staying power of minorities, which has proved to be a problem
in the past. It would be my hope and desire that this City could, in fact,
work with the minorities through the banks and Mr. Herb Bailey, Miami Capital,
whoever else, that we could be involved on the long term. On the short term,
I have no concern. The short term they will be there because the initial, the
I newness of the thing will definitely be a tremendous success. The eighteen
million people that they project a year, there's no question, the first one or
two years before it starts to be down drain will be a tremendous success. So
I think what we need to do... is not only address the initial, getting them
involved, but the staying power is very important.
Mayor Suarez: I just want to add to that that I know the project is desirable
enough to have someone as important as the Rouse Company working as feverishly
as you have been working and, therefore, I am confident that we will find the
tenants that might not all succeed initially, but eventually will have the
right composition, because you've told us by your actions that the project is
extremely.attractive and we're taking it on your word. Do you want to say
something, Mr. Dausche?
Mr. James Dausche: I think what you suggested- you, Mr. Mayor, and Commis -
sioner.Plummer- is exactly what ought to be done. We have confidence in Mr.
Bailey, who's had some experience in putting a program like this together in
Philadelphia. Our money will be there. You are right to be concerned about
the outer years. I think the program that is set up has to address both
getting in and staying in. I thank you on behalf of my wife and family for
getting me on tonight.
Mr. Plummer: We appreciate your staying here spending your money for lunch in
Miami.
Mr. Dawkins: And we hope you freeze to death when you get off the plane.
Mr. David Weaver: Mr. Mayor and Commissioners, my name is David Weaver, for
the record.
Mrs. Hirai: Excuse me, Mr. Mayor, we need to call the roll on that motion.
Mr. Plummer: He wishes to discuss it and I think it's appropriate.
Mayor Suarez: He wanted to be heard on the motion, I believe.
71 February 13, 1986
7 it
a
Mr. Weaver: For the record, my name is David Weaver with offices at 800
Brickell Avenue. I would like, as Chairman of the Bayside Minority Tenancs
Committee, to indicate our total support for the position that your motion
would take, Commissioner Plummer, I would like to underline, however, that we
are trying very hard to get all these pieces in place, and I would like to ask
for clarification, Is it the understanding of the Commission that were we
able to get a commitment. for a substantial amount of funds from tht banking
community, as well as the four million dollars from the Rouse Company and the
million dollars from the County, that the City Commission would positively
entertain a million dollar grant to complete the process?
Mr. Plummer: Let me speak for one. Speaking for one, I think the City is
somewhat obligated to that. But I don't want to lock any doors to you and to
Herb Bailey to come back to this Commission and recommend to us the best
avenue to travel for the long term. I'm only speaking for one.
Mr. Weaver: Thank you very much.
Mayor Suarez: For myself, I would express it exactly. In fact, I'd be ready
to vote, but I'm deferring to Commissioner Plummer's idea that we get a more
complete look at the package. I'd be ready to vote right now to allocate the
million dollars. I'm a little concerned about the mechanism to use. I see
Jim nodding his head back there.
Mr. Weaver: I would just like to be able to say to the banks that if they
come up with their money that there's a pretty reasonable probability that
we'd be able to close the gap.
Mayor Suarez: I think that is a fair statement.
Mrs. Kennedy: I chink that is the sentiment of the Commission.
Mr. Weaver: Thank you.
Mr. Carullo: David, how much money are we realistically looking ac right now?
Mr. Weaver: In total, what we would be talking about, the Rouse Company has
four million dollars that they have agreed, pursuant to their agreement,
pursuant to the contract, there would be a million dollars from the County, a
million dollars from the City, $750,000 from the D.A.C., and then whatever
monies we could arrange with the banking community, and we would be trying co
get. somewhere in the vicinity of seven to ten million dollars from the banks.
Mr. Dawkins: The four million dollars from Rouse is earmarked for tenant
improvements. Is that right?
Mr. Dausche: Commissioner Dawkins, that money can be used for improvements,
it can be used for working capital, it can be used for inventory, prepaid
costs like lawyers' account fees. Any prudent business expenditure. It is not
simply for improvements and it is a minimum figure, not a maximum figure.
Mr. Dawkins: In any Event, any package that I apply for, then, I nave to
improve the premises in order to put my business in. Am I correct?
Mr. Dausche: Not in every case. In some cases yes, but in some cases,
particularly for very small merchants, there.are provisions for spaces in
Bayside that are completely built out and you just need to bring in your
inventory.
Mr. Dawkins: I don't mean pushcarts, now. I mean....
Mr. Dausche: No, I mean there are small stores in the place....
Mr. Dawkins: What square footage?
Mr. Dausche: They are roughly 200 to 400 feet.
Mr. Dawkins: 200 to 400 square feet?
Mr. Dausche: Yes.
72 February 13, 1986
V 7
Mr. Dawkins: At 400 square feet, what's the base rental?
Mr. Dausche: It will depend on what the use is and how long.
Mr. Dawkins: I'll write for a hamburger stand.
Mr. Dausche: Well, a hamburger stand is not a retail store. A hamburger
stand really has to be built out by a person who designs his own kitchen.
Mr. Dawkins: All right, I'm going to sell greeting cards.
Mr. Dausche: Greeting cards, fine, it would be roughly, on a monthly ba-
sis....
Mr. Dawkins: No, no, no, what is it a square foot?
Mr. Dausche: 400 square feet?
Mr. Dawkins: No, what is the rental per square foot? Then I'll get how much
it is four times that.
Mr. Dausche: It would be in the range of around $60 per foot, based on the
volume of....
Mr. Dawkins: $60?
Mr. Dausche: Ah-huh, based on the volume of business that you're likely to be
able to do.
Mr. Dawkins: So 60 times 400 is what?
Mr. Dausche: That's about $24,000 a year.
Mr. Plummer: $2400.
Mr. Dausche: $24,000 d year; I think so.
Mr. Dawkins: So how many greeting cards do I have to sell just to pay the
rent?
Mr. Plummer: A whole lot!
Mr. Dausche: That depends on how much you charge for them. You have to do a
lot of volume. You have to expect to do a lot of volume.
Mr. Plummer: Yes, but here again, excuse me, I have to interject this. Rouse
Company's projections are my kind of projections. They have been ultra, ultra
conservative in every one of their projects. Unfortunately, I've only had the
opportunity to see one. Their projections for the Miami Bayside Specialty
shows at approximately eighteen million people a year will come to that
facility. Now, if you have the exposure and they're true in their projec-
tions, $24,000 d year will be a very reasonable rate compared to the avail-
ability of your return.
Mr. Dawkins: It still doesn't mean a thing if I don't sell enough greeting
cards.
Mr. Plummer: But here again, Commissioner Dawkins, that is why they are
projecting to have these people involved with the capital money that is
needed to first, set up; two, to get operational; and three, to hopefully get
them on their feet. Whether it's minority or not, the same people have the
same availability and if competition, which is the key factor, does not
sustain that that is a reasonable rent, minority or otherwise, they won't get
any business people in there to do business. So I think that there is the
potential there and I would hope and pray that their projections are right and
that the people who go in there will go in the a kind of a shop that will
produce a reasonable return on their investments.
Mr. Dausche: Most do. Some don't, but most do. I would say, Commissioner
Dawkins, that for those people who do want to get a little bit more detailed
information about the kinds of rents and capital costs that Mayor Suarez has
been sponsoring and there are some still to come, some seminars, which we are
73 February 13, 1986
I 1 1
giving and we can give real detail about sales, rents and capital costs for
anybody that is interested in that kind of information.
Mr. Dawkins: Well, you and I have been through that. I'm interested in the
construction. After we get it constructed, then we can worry about who we're
going to put in.
Mr. Dausche: Right, OK.
Mr. Weaver: One last comment. I had the opportunity on Tuesday of this week
s to attend the first of those seminars sponsored by Mayor Suarez. It was an
extraordinary session. There were about forty people here and the amount of
detail that the Rouse Company went into explaining now it works and what the
numbers are and the requirements was excellent and I would strongly urge
9 anybody who wants to find out more about how it works specifically and mechan-
ically to come next Tuesday at 7:00 o'clock.
Mayor Suarez: I don't think it's an exaggeration to say that we're getting a
a little bit more information now that we ware at the beginning from the Rouse
S Company and we appreciate that. It took a little badgering from Commissioner
Dawkins and some of us from this Commission to get it, but we're getting the
information now. We have a very quick ceremonial item here, at the sugges-
t tion of Commissioner Dawkins.
7
Mr. Plummer: Excuse me, did we call the vote on the motion?
Mayor Suarez: No, we didn't.
Mrs. Hirai: Mr. Mayor, I have to call the roll now.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-119
A MOTION INSTRUCTING THE ADMINISTRATION TO REQUEST MR.
HERB BAILEY TOGETHER ALL THE NECESSARY INFORMATION IN
CONNECTION WITH A PROPOSED ALLOCATION OF FUNDS TO ASSIST
MINORITY ENTREPRENEURS IN LOCATING IN THE BAYSIDE SPECIAL-
TY CENTER; AND FURTHER, TO INSTRUCT MR. BAILEY TO MEET
WITH AND BRING ALL OF THE ENTITIES TOGETHER, TO ANALYZE
SAID INFORMATION, AND TO COME BACK BEFORE THE CITY
COMMISSION AT THE NEXT MEETING ON FEBRUARY 27TH WITH A
FORMAL RECOMMENDATION.
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.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
.................................................... ..............
32 RESOLUTIONS OF CONDOLENCES TO FAMILIES OF CHALLENGER CREW MEMBERS
1 Resolution presented expressing the City's grief at the passing of the
seven heroes and heroines who made up the Challenger crew.
2 Resolution presented in official recognition of Dr. Ronald E. McNair as a
brilliant star in the crown of the NASA program and expressing the
r" City's gri•:f at his passing.
February 13, 1986
74
33 R.F.P. FOR EXHIBITION HALL FACILITY; CREATE COMMITTEE TO STUDY POSSIBLE
SITES
Mayor Suarez: Item 74, on the Exnibition Hall. Mr. City Manager, do you
want co have a stab at this first?
Mr. Odio: Yes, sir, I'm sorry. 3:00 P.M., item 74.
Mayor Suarez: I know you came up with an escape valve that would at least
solve part of our need by having space at the James L. Knight Convention
Center turned over for use as an exhibit hall and that the cost is not so
great and hopefully we can get the money from the same ten million that
initially was going to be used to build the facility at the F.E.C., or had
been proposed for that.
Mr. Plummer: Well, part of it.
Mayor Suarez: Yes, it's rather smaller than ten million, thank God.
Mr. Odio: Mr. Mayor, the public hearing that was called was to recei.,e
testimony from the public whether they wanted to build a temporary facility in
the F.E.C. property. I don't know if Mr. Fine wants to start off the discus-
sion?
Mayor Suarez: It would be interesting to see what the latest concept or set
of concepts is before we find a bunch of objectors to something that may not
any longer be what is being proposed.
i Mr. Odio: When the Chamber of Commerce Board of Governors met the other day,
Mr. Mayor and Commissioners, I proposed a stop gap measure that we, instead of
building a temporary facility for ten million dollars at the F.E.C. site, that
we in turn what we should do is spend about a million five, thereabouts, to
convert the stores at the Knight Center and the Hyatt Hotel into exhibit hall
space. It would give us 36,000 square feet if we could do this between three
to six months and that would immediately allow us to bring in about twenty-
three to twenty-five more conventions a year, which spillovers would help the
downtown hotels and it would benefit the Knight Center by reducing the deficit
in the amount close to $300,000 a year for the first year, and that would
increase as we have more time to sell that facility. It would be the largest
facility of its kind in this part of town. The only one who can compete would
be the Fountainbleau, which takes most of that type of medium-sized conven-
tions right now. The OMNI only has, I believe, 18,000 feet; I could be
corrected on that.
Mayor Suarez: As far as having a totally self enclosed exhibit within the
hotel.
Mr. Odio: That is correct.
Mrs. Kennedy: Are you talking about the temporary?
Mr. Plummer: No, no, what he's talking about now is inside the Knight
Center.
Mr. Odio: Yes, Ma'am, it would be a permanent facility at the Knight Center.
Mr. Plummer: 34,000.
Mayor Suarez: Within the center.
Mr. Odio: within the Center, which at the same time would help as the short
term solution. Also, what it would do is give us additional banquet facili-
ties that we now don't have for large conferences that we might have in the
auditorium itself. It would give more flexibility to that building and help
us sell it better than we're doing now. We have a resolution to the effacL
requesting that item 75, that you authorize the City Manager to negotiate with
Miami Center Associates to put this plan into action. That is the solution
that we came up with as a stop gap.
75 February 13, 1986
Mayor Suarez: Do you want to tell us about some of the other ideas on the
larger facility?
Mr. Odio: What we recommend is that we immediately begin to study the perma-
nent site, where it should be, and that we proceed to find proper financing to
build a permanent facility as soon as possible, so that we can hove that
permanent facility hopefully by the time the arena is built too.
Mayor Suarez: Do we have... I'm rather more interested than what the Chamber
recommended than what the D.D.A. recommended, which was part of one of the
City's budies that was supposed to study this and did, in fact, study it. Do
we have anyone from our subcommittee that investigated and gave recommenda-
tions?
Mr. Odio: Cy Hornsby, represents the Chamber.
Mayor Suarez: And also the D.D.A. Committee?
v
a
Mr. Cy Hornsby: No, I was present at the D.D.A.
Mayor Suarez: All right, why don't you report on that. I was present too,
but go ahead. We've all arrived pretty much at the same place by different
routes.
Mr. Hornsby: My name is Cy Hornsby; my address is 1581 Brickell in Miami.
The Chamber of Commerce at a specially called meeting of the Board of Direc-
tors and the Trustees, passed a resolution two days ago and the substance of
that resolution is five items. I'll just read those through if I can; then
I'll be glad to answer any questions regarding what's behind them, because
there have been a number of meetings and studies considering these issues.
'
The first is that the Chamber would urge the City Commission to continue to
work toward a solution to expedite construction of a permanent facility as
soon as possible. The second is that we examine all feasible funding sources,
recognizing that the ten million dollars is not adequate to build a permanent
facility, that we seek other sources to finance both the construction and the
operation of such a permanent facility to consider special taxing districts or
some incremental tax financing as a possibility since the hotels have been
generous enough to, informally at least, offer to help support the additional
costs that are involved in this through their incremental sales of rooms. The
third is to make both a site and a design selection, after an independent
survey of convention planners is undertaken, so that we can assure that we
-- s
have maximum utilization of a facility. We did both a straw poll and, at the
{
expense of DeComd, asked Laventhal and Horwath to do a study for us to survey
convention planners to give us some insights as to what their opinion would be
i
of a temporary facility. They surveyed, I believe, 54 convention planners,
all of whom had an orientation toward bringing conventions to Miami. 70 per
cent of that number said they would not use a temporary facility because of
the available better permanent facilities around. That is part of the reason
why we feel that we should not waste the available funds that are presently
available and we should be working toward a permanent facility rather than a
temporary facility, but most importantly, the thrust of this particular aspect
of the resolution is that we would urge that a survey be conducted by profes-
sionals to decide both what the best site might be and what the best facili-
ties or what the needed facilities are in order to allow Miami to be comprti-
tive with the other major cities in the country. The fourth part of our
resolution, we would urge that park land not be considered as an alternative
site for such a facility. Then the fifth, picking up on Mr. Odio's sugges-
tion, was that we would support the City's plan to convert approximately
35,000 square feet of the Knight Center to meeting space and to utilize
approximately one and a half million dollars of the ten million dollars to
accomplish that.
Mayor Suarez: Thank you, Cy.
Mr. Plummer: Mr. Mayor, I have taken exception with Mr. Hornsby in the past
and I'll continue to do so in the future, and that is my problem in which the
Chamber of Commerce would like to take the lead with other people's money and
I have to tell you that this study which was donee was an absolute farce.
What I'm trying to say to you is if you look at the two questions which were
asked of those people who were asked to do the study, and I want to remind
you that they are the same people that gave us d six million dollar subsidy d
76 February 13, 1986
year to the Convention Center, who said tnis year we would break even, that is
the kind of work that they do. I think you have to look at the questions
that they were asked to answer. Those questions, number one, would this
temporary Convention Center be in competition for national conventions?
Never, never was that proposed for other than a flat floor space of exhibi-
tion. Nothing about the exhibition center, but for some reason, that was thv
question that was asked to be studied and that is the answer that they came
back with which was absolutely has nothing to do with the question in hand.
The second question was asked by this organization which gave us the six
million dollar subsidy on the Knight Center, was how does this compare with
that of Miami Beach? I understand that those people of Miami Beach are very
parochial in their concerns about Miami Beach, but we're spending the people
of the City of Miami's money and the bonding of the people of the City of
Miami's money. And surely their answer came back that 500,000 square feet on
Miami Beach was much better than 200,000 square feet in the City of Miami. It
doesn't take a genius to understand that. I could have got you a three year
old to get you that answer. But at the urging of the Chamber, those are the
questions that were answered and the bill was nice and politely surrendered to
the Sports Authority who paid it. They do not address the question! And the
question is first and foremost, do the City's taxpayers of this community want
to continue to pick up the tab of six million dollars of subsidy that is
incurred each and every year, and by the way, growing, of the James L. Knignt
Center. You noticed that I call it the James L. Knight Center as long as it's
losing money. When it starts to make money, we'll call it by its real name,
the Miami Convention Center. Do we want to continua that? Are the hotels and
the restaurants and the taxicabs in the downtown area suffering? Can they
wait until 1991 when it is proposed to have a permanent facility? My answer
is no. If you wait until 1991, there will be nothing to build an exhibition
center for, because they'll all be gone. They'll be in bankruptcy and out of
business. The need is real from the inception of my involvement and will con-
tinue to be that when this City instigated the action in front of the Legis-
lature to create a third cent of bed tax, it was to address our problem of an
exhibition center. At the very last minute, for some reason, in the wisdom of
the Legislature, they said, "Give us the flexibility. Don't just limit it to
an exhibition center, but let us consider other things, such as an arena."
And they added that to it. That has been turned around, and what we have
been looking at today is the arena first and the exhibition center second. 1
fought like a tiger and will continue to fight like a tiger that is our first
and foremost thrust. That is what is going to eliminate that six million
dollars out of my general fund that is today going to keep the Knight Center
open. If it is not realistic, it is _then when I started in the month of
December together with a man, Ronny Fine, who came to my office and said, "We
need help to address the problem of an interim stop gap temporary call -it -
what -you -may. But my colleagues on the Commission, it is a real problem to
the merchants. We have got to give them something or they are all going to be
out of business. My position is today, as it has been in the past, and will
continue to be in the future, we cannot wait until 1991. We have got to do
something now. We have got to do something quick so that we can address the
problems of those hotels, those restaurants, those taxicab drivers who are
crying out for help. Mr. Mayor, I want you to understand, sir, that my
involvement is first to eliminate our six million dollars of subsidy. I still
feel very confident that our obligation is to a permanent 600,000 facility,
and second to the hotel people, restaurant people, and taxicab and other
related industries. I am not wed to the F.E.C. site, which some people have
tried to say that I am. I am wed, if possible, to a site under one roof,
which is the most successful. If I have done nothing more than been the thorn
in the sides of some people for the past two months, at least I have got us to
the table to recognize we have a problem. I have also been able to negotiate
at least ten million dollars of a bond issue. There would be nothing at this
table to negotiate if we didn't have the money, but I was able to be able to
accomplish that. I'm not finding fault with the Chamber; I want you to
understand that. I feel that the study was wrong. I said that to you before
and I'll say it to you again. I don't think the right questions were asked.
At no time was it ever proposed that that would be a convention center. It
is flat floor space. So I would hope, Mr. Mayor, that this Commission would
go about the business of addressing the problem that are multi -fold and I will
back this Commission in whatever the majority is, as long as this Commission
addresses the problems that are definitely real problems in the downtown area.
Mayor Suarez: I agree, before we go too much farther, because we really
should move on this item, with everything you said, except the amount being
lost by the James L. Knight . As bad as it is, it's closer to three than to
77 February 13, 1986
six million dollars a year, but have we all moved away from the F.E.C. proper-
ty? I know the D.D.A. committee that studied this recommended that we not use
the F.E.C. property and I'm told today, Ron, that you and the rest of the
hoteliers that you represent, are also ready to move awdy from that site,
which I think would relieve the concerns of a lot of people in our City, that
we would use park land for our exhibition hall.
Mr. Dawkins: Also, I would like to clear myself as J.L. I'm not putting ten
million dollars into nothing temporary.
Mrs. Kennedy: Before we continue this discussion....
Mayor Suarez: I think everybody wants to have tneir say, yes, please.
Mrs. Kennedy: The last time this came up, I abstained because of a conflict
of interest that my husband had. I have just checked the legal opinion and I
would like to enter it into the record if I can vote on this.
Mrs. Dougherty: Yes, Commissioner Kennedy, your husband has no involvement
with any of the projects presently, and he continues not to represent any
particular project or any site, and therefore, you do not have a conflict of
interest.
Mayor Suarez: I note that we have Mr. Codina here who is the Chairman of the
Downtown Development Authority's Committee and will give us a very brief
report on what the recommendations were. Ron, do you want to tell us about
moving away from that F.E.C. site, if that's the case.
Mr. Ron Fine: Mr. Mayor and Commissioners, with your indulgence for about two
minutes.
Mayor Suarez: That's about the right amount that we got.
Mr. Fine: At your instructions, we conducted certain studies and engaged in
meetings with all sections of the business community. Over the last month, we
have had participation by over three hundred executives within the City, the
Chamber of Commerce, the Downtown Development Authority, the editorial boards
of the Miami Herald, and the Miami News, the Miami Motorsports Exhibit, the
City of Miami staff, and the different hotels that are involved. What our
work demonstrates, and you have this in your package is that we can build a
permanent exhibition hall for ten million dollars. If you'll look within
that, we have obtained....
Mayor Suarez: How many square feet?
Mr. Fine: 200,000 square feet. We have obtained for you a proposal to build
that from Turner Construction, one of the major construction companies in the
United States. We went to them because the question came from basically on
cost at our last meeting from Mr. Hollo, so we went to this construction
company who built the Marriot Hotel on his property, so we could have somebody
that was of size and was acceptable by all parties. Number two is, you'll
look in this information that it says that part of the Chamber study indicat-
ed, part of the Chamber question said that this exhibition center would not
have meeting rooms, would not have adequate air conditioning; it wouldn't have
proper utilities; it would not have support facilities. So we specifically
enter into the record today an acknowledgment that this ten million dollar
building would have sixteen prominent soundproof meeting rooms, a fully
operational air-conditioning system, utility grids, mercury vapor lighting,
and all the support facilities required in there. So the integrity of the
process for the last month is such that we've been able to validate for you
the assertions we made about cost. Number two is we found within the commu-
nity a very strong emotional attitude against using the Bayfront for any other
facilities. So even though we have over three thousand front feet of bayfront
in Bayfront Park, and even though this building would take up about 250 front
feet, it was felt that for the betterment of the community that the hoteliers
decided to withdraw the F.E.C. site as a recommended site. What we have
recommended, based upon the cost information we have, our work indicates that
not only can we build this, but we can build a complete convention center in
modules. That means start with maybe 200,000; add another 100,000 feet; add
another 100,000 feet; add another 100,000 feet until we get up to the 600,000
feet that we want. So based upon the demonstration of our work for the last
month and tnis validated information which you have in the package before you,
78 February 13, 1986
a 0
we then recommended that this matter be sent back to the Sports Authority with
instructions to commence an immediate study for a plan that will lead to the
immediate construction of a facility. The facility which we propose for the
ten million dollars is a permanent building. The facility we're posing now is
a permanent building and so we ask that we clear the record. The way the word
interim or temporary got into the process was, we said we need 200,000 today;
we need 600,000 feet medium term and let's start with the 200,000 feet and
that is what our recommendation is today. We request you send it back to the
Sports Authority with instructions to come back here after doing a comprehen-
sive study with which we are willing to participate in with our engineers and
our architects and planners. Thank you.
Mayor Suarez: You've changed from a temporary to a modular facility, basi-
cally, and not using the F.E.C. site.
Mr. Fine: Yes.
Mayor Suarez: Armando, do you want to give a quick report on what the D.D.A.
did?
Mr. Plummer: Xavier, I'm not willing to send it back to the Sports Authority.
I've got the money separated.
Mayor Suarez: Oh, yes, let me say two things very quickly, Armando, because I
think Commissioner Plummer has indicated in his initial statements something
we all agree on, and I have not heard every Commissioner on it, but we do not
intend to give the ten million dollars back to the Sports Authority. The
whole idea is to take it out and to have it available for possible leverage
and at least to be a catalyst for the rest of the monies that we need. I
also want to commend Mr. Fine and Commissioner Plummer for having really
gotten all of this moving by making us think very hard and in a very quick
period of time. Let me tall you there have been so many meetings with so many
intelligent people. The one thing I would hate to do is to go to item 75 and
now go out and send out an R.F.P. if that is what I understand it to be for a
marketing study for consultants to consider what every business mind in Miami
has been looking at over the lase three months, it seems like, or certainly
within the last two months, and we just go through that process again. We
don't need to do that, so maybe we'll just appoint a committee of this
Commission, and I know J.L. would like to serve on it and would be willing to
serve on it, maybe some of the other Commissioners would like to serve on it
and some other people like the hoteliers and some members of the Sports
Authority, but with the idea of going very quickly on this. Armando, we
appreciate your work. Would you tell us what the result of that
subcommittee's consideration was?
Mr. Armando Codina: Mr. Mayor, members of the Commission, my name is Armando
Codina. I was the Chairman of the temporary exhibit space committee that the
Downtown Development Authority put together. I have enclosed, I have here for
you, which I'd like to enter into the record, the resolution passed by our
committee. For the sake of brevity, I will not re.,d recommendations into the
record, but the Downtown Development Authority felt that we were opposed to
the building of this temporary facility on the F.E.C. land. I also would like
to enter into the record and give you a copy of an analysis and a report put
together by the D.D.A. on exhibit space around the country; what is being
built; what is the economic impact of such exhibit space. I would like to
also enter that into the record and give you a copy for you to take and read
in your own time. If I may, on my own words, Mr. Mayor, members of the
Commission, I'd like to give you our perspective. We think Miami must forget
f about Latin America, the economic impact that Latin America had in this
community in as much as there is very little that we can do to revive that as
Miamians. The domestic tourism, the reality is that we are limited on whist we
have to offer, but the perception about Miami is a lot worse than the reality.
Therefore, the only area that we see, and the most important area where we
think economic development and a revival of the downtown can occur is if we
build a first class, permanent exhibit space. The only thing worse than not
building. the exhibit space at this time would be to build a second class
facility, temporary facility in our best park land. Therefore, we urge you to
get on with the job of building this permanent facility. I think there are a
number of sources of monies available so we can build a first class facility
'- wherever you think in downtown that had to be and leave that at the discretion
of the Commission and the Sports Authority. We are prepared to work hard on
trying to put together a business plan that would make sense for the building
of that exhibit space. Thank you.
79 February 13, 1986
Mayor Suarez: There was a lot of talk, I remember too, about going to the
Legislature and asking for some line item appropriations that Dade County
certainly seems to be entitled to as help for completing the package that
would give us a forty-five to a fifty million dollar facility, assuming we
build one that cost that much. Ron is telling us that we can maybe build it
for about a fourth of that, which is yet to be determined. We thank you for
your report and for your work on this. It's nice to see you in a capacity
other than as treasurer of one of my principal opponents. John, do you want
to tell us about item 75?
Mr. John Gilchrist: Mr. Mayor and Commissioners, this is a substitute resolu-
tion, which was sent out to you in the last couple of days. We would like to
ask you to take action on that. I'd like to read the headings.
"It is recommended that the City Commission adopt the attached
resolution authorizing the City Manager to negotiate an agreement
with Miami Center Associates for the conversion of approximately
36,500 square fret of leased retail facilities in City of Miami
space at the James L. Knight International Center for purposes of
utilizing this space as an exhibition facility for the center and
downtown hotels; and further recommending the utilization of
proceeds of the ten million dollar temporary exhibition facility
bonds for that purpose; and directing the Miami Sports and Exhibi-
tion Authority to authorize a comprehensive feasibility plan for
the immediate construction of a permanent exhibition hall; and
authorizing the City Manager to provide an amount not to exceed
$50,000 from the Special Programs and Accounts Contingent Fund for
expenses incurred in the development of the comprehensive feasi-
bility plan; and further directing the repayment of such funds
upon identification of funds to construct the permanent exhibition
hall."
If there are any questions on that, I'd be glad to....
Mr. Plummer: Who will be doing the study?
Mayor Suarez: That is the one thing we have yet to determine. it seems like,
is what the vehicle will be for preparing a study that we will presumably
decide on vary quickly so ghat we get this going.
Mr. Gilchrist: We are asking you to direct us to the Sports and Exhibition
Hall Authority to have that study done. They would go out on a competitive
processing.
Mr. Carollo: I have another question, John. Who...?
Mr. Carollo: Who is Miami Center Associates?
Mr. Odio: Worsham.
Mr. Gilchrist: That is Earl Worsham, they have ownership of the retail space.
Mr. Carollo: OK, I figured it would be, but I wanted to be sure.
Mr. Plummer: Joe, the reason for that is that Worsham basically has an
overall control of the Knight Center. What we're saying is that if we buy out
4 the leases and we make the improvements, that we will derive the revenue
therefrom. .
Mr. Carollo: All that I'm asking the Administration is to make sure that we
don't cut another great deal for the City, like we did with the Knight Center.
Mayor Suarez: Anytime we negotiate with the Worsham we have the concern that
we may end up the same way as we did last time we negotiated with them.
Mr. Odio: No, sir, it won't happen.
Mr. Plummer: No, that's Laventhal and Hogwash.
Mr. Carollo: Maybe we'll be lucky this time around, since Joe Grdssie would
be negotiating for him this time.
February 13, 1986
80
Mayor Suarez: Does the Commission have any suggestion on the vehicle that we
could use, the mechanism we could use to come back with a report and a site
and everything else.
Mr. Odio: Let me say something. Larry Turner is here. He might correct me
on this. We have studied this matter to death. There have been sites sele,:t-
ed by prior consultants. There are three prime sites that were selected at
one time. I think what we have to decide now is which site we want to build
this thing on. Is it feasible? What we need to do is a feasibility on why we
need to operate the facility once it's built also. That's important because
it will have a deficit attached to it.
Mayor Suarez: The big skepticism, I think, on the part of the Commission as
far as the Sports Authority is we all know by now the fact that they move so
fast on the sports arena and so slow on an exhibit hall. Throwing it back to
the sports arena concerns us for that reason. I don't think we're Hiding
anything on that point. I think Commissioner Plummer stated it rather un-
equivocally. So what we ought to do now is really create a committee that
f will get recommendations to us very quickly and that will keep in mind our
priority, which is to have the exhibit hall as quickly, if not quicker than
the sports arena.
i
J
'• Mr. Gilchrist: Mr. Mayor, we were trying to find a vehicle by which to
expedite this, and the Sports and Exhibition Authority is prepared to give the
control of that study to the Administration of the City.
Mr. Plummer: Excuse me, I don't think that should be the case either. I
would hope a committee would be of three people: one of the Sports Authority,
j one of the Administration, and one of the Commission. Because when you get it
beyond that, and I would not have any objection to the hotel people who are
j vitally concerned, be involved if it's four. But I think the smaller you
r keep the committee, the more you are going to accomplish and the quicker
jyou'll be able to come back with an answer.
Mayor Suarez: I have no problem with that. We have a resolution before us,
and I don't know if anyone wants to take a vote on it.
Mr. Carollo: So move that resolution.
Mr. Dawkins: Without the $50,000.
Mr. Plummer: Excuse me, I will second the motion, but I would ask that prior
to the motion being voted upon, that those members be designated if it is to
be four in number or that the motion include now many in number and who they
are to be. I think that's very important.
Mr. Carollo: I'm all for suggestions in numbers, but I don't think it should
be an overly large board. Otherwise, it's going to take forever to reach a
consensus.
Mr. Dawkins: Under discussion, what's going to happen to the $50,000?
Mr. Plummer: $50,000 will be put up by us, reimbursed by the Sports Authori-
ty.
Mr. Dawkins: Put up by us to do what with it? If we're going to use staff
people and other people, what are we going to spend $50,000 for?
Mr. Plummer: No, you won't be using staff people. You'll be using a lot of
people from out of town to advise on the national planners, for example. That
is very important.
:1 Mr. Dawkins: That's money to use for their transportation and per diem.
Mr. Plummer: No, sir, that will be for their recommendation, researcn,
marketing and feasibility.
Mr. Gilchrist: And that is a number not to exceed.
Mr. Plummer: Not to exceed, of course, and it will all be repaid to the City
�`M by the Sports Authority, which they have agreed upon.
rt
81 February 13, 1986
Mayor Suarez: We are incorporating into the resolution the additional motion
of a creation of a three person committee. Is that what you want to do,
Commissioner?
Mr. Plummer: I would say, Mr. Mayur, I feel that four. One representative of
the Sports Authority, one representative of the Commission, one of the Admin-
istration and one of the hotel people or the people vitally affected.
Mayor Suarez: The only problem with four is you may have a two to two tie d
lot.
Mr. Plummer: No, sir, this is not a voting situation. This is a situation in
which they will do a study and recommend back to the Commission.
Mayor Suarez: Well, but they will nave to recommend things and they'll nave
to vote, but I don't think that will be a problem.
Mr. Plummer: Do you want five" I'm not locked to four.
Mayor Suarez: No, the smaller the better.
Mr. Plummer: I agree.
Mayor Suarez: And the quicker the better.
Mr. Carollo: I think four would be sufficient.
Mr. Plummer: That's fine.
Mayor Suarez: That is a modification to the resolution that has been drafted
by the City and that is before you, which would include the creation of a
four -person committee to study and to recommend to this Commission further
action on the other eight and a half million dollars of that ten million
temporary bond facility, temporary bond monies.
Mr. Plummer: That would be an oversight committer.
Mayor Suarez: And it would be an oversignt committee. It's been so moved.
Do we have a second?
Mr. Plummer: I second it and I accept the amendment.
Mayor Suarez: Moved, seconded, amendment accepted.
from the Commission? Please call the roll.
Any further discussion
82
February 13, 1986
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-120
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AN AGREEMENT WITH MIAMI CENTER ASSOCIATES FOR THE
CONVERSION OF APPROXIMATELY 36,500 SQUARE FEET OF
LEASED RETAIL FACILITIES AND CITY OF MIAMI SPACE AT
THE JAMES L. KNIGHT INTERNATIONAL CENTER FOR PURPOSES
OF UTILIZING THIS SPACE AS AN EXHIBITION FACILITY
FOR THE CENTER AND DOWNTOWN AREA HOTELS; AND FURTHER
RECOMMENDING THE UTILIZATION OF PROCEEDS OF THE 10
MILLION DOLLAR TEMPORARY EXHIBITION FACILITY BONDS FOR
THAT PURPOSE; AND DIRECTING THE MIAMI SPORTS AND
EXHIBITION AUTHORITY TO AUTHORIZE A COMPREHENSIVE
FEASIBILITY PLAN FOR THE IMMEDIATE CONSTRUCTION OF A
PERMANENT EXHIBITION HALL; AND FURTHER AUTHORIZING THE
CITY MANAGER TO PROVIDE AN AMOUNT NOT TO EXCEED
$50,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS CONTIN-
GENT FUND FOR THE EXPENSES INCURRED IN THE DEVELOPMENT
OF THE COMPREHENSIVE FEASIBILITY PLAN AND FURTHER
DIRECTING THE REPAYMENT OF SUCH FUND UPON IDENTIFICA-
TION OF FUNDS TO CONSTRUCT THE PERMANENT EXHIBITION
HALL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I might add that in all these discussions, one of the things
that came across is that even a third possibility, once we do a 200,000 square
foot facility, assuming we go to that amount, maybe 150,000 or whatever, is to
have an even larger, or certainly more possibly, more first class facility
right smack in the middle of downtown, if we could negotiate for that and we
can absorb all that exhibit space, is what the studies that I've seen indi-
cate. So one thing does not preclude the other, and maybe the third thing
will be in line by 1994, as they were talking about the first one being in
line. Maybe the first one will be in line very quickly and the second one
within the next 15 months. I guess it's up to all of us in this community to
push it forward and make sure that 150,000 to 200,000 square foot facility be
built, whether it's modular at a cost of ten million or a little different in
design at a cost of forty or forty-five or whatever it is, that we all put our
best efforts to make sure it gets done.
Mr. Plummer: Mr. Mayor, I ask at this time that this Commission so designate
who are the four members of that committee.
Mayor Suarez: I think it would make sense for the hotelier to be Ron Fine and
I would accept a nomination to that effect.
Mr. Plummer: All right, and from the Sports Authority, I'd like to recommend
Larry Turner.
Mr. Dawkins: And from the City Commission, J.L. Plummer.
Mr, Plummer: I'd like to recommend from the Administration....
Mr. Dawkins: Now, wait, you already had one. Let somebody else have one.
83 February 13, 1986
Mr. Plummer: I have no recommendation.
Mr. Carollo: He had three.
Mrs. Kennedy: Just be happy that you're there.
Mr. Carollo: From the Administration, Mr. Manager, who would you suggest?
John Gilchrist? It's a good suggestion.
Mayor Suarez: We have the four nominations.
Mrs. Kennedy: I will not ask for a fifth member.
Mr. Odio: He has six months to build it.
Mayor Suarez: All right, we close the nominations and yes, Bob?
Mr. Al Cardenas: Mr. Mayor, Commissioners, for the record, my name is Al
Cardenas. I'm here on behalf of the Dacoma Group. You yourselves in the
resolution, which you have adopted, have charged us with a number of responsi-
bilities. My suggestion if it is acceptable to you, the author of the pro-
posed committee, is that you have a five entity committee, including the
developer which you have selected to do this project so chat we all can
participate in this same process, if it makes sense to you.
Mr. Plummer: Excuse me, Al, I think that they are ably represented by Mr.
j Larry Turner, who has negotiated with them and I feel that they are ably
represented, if Dacoma were to be the developer. What I'm trying to say is
we're not locking Dacoma in to the City's portion. So I feel that Dacoma is
well represented. They are very familiar to Larry Turner. I think he can
speak for how they feel.
Mr. Cardenas: That's fine.
Mayor Suarez: We have a motion and a second. Do we have a second?
Mrs. Kennedy: Yes.
Mayor Suarez: Do we have a motion?
Mrs. Kennedy: We have a second.
Mayor Suarez: We have a motion and a second. Any further discussion? Call
the roll.
§.............................................................I..............
THEREUPON, ON MOTION DULY MADE BY PLUMMER AND SECONDED BY KENNEDY, THE COMMIS-
SION PASSED AND ADOPTED A MOTION DESIGNATING FOUR MEMBERS TO THE NEWLY CREATED
OVERSIGHT COMMITTEE IN CONNECTION WITH THE CREATION OF A NEW EXHIBITION
CENTER AS FOLLOWS. APPOINTEES:
-COMMISSIONER J.L. PLUMMER (FROM THE CITY COMMISSION)
-JOHN GILCHRIST (FROM CITY ADMINISTRATION)
-LARRY TURNER (FROM THEE SPORTS AND EXHIBITION AUTHORITY)
-RON FINE (FROM THE HOTEL INDUSTRY). (Note: This motion was later incorporated
in the text of R-86-120).
AYES:Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: That cakes care of items 74 and 75.
Mr. Plummer: Mr. Mayor, I will now call a meeting of that committee on
Tuesday at a time to be determined, so if the four members will be aware that
yr r there will be a meeting on Tuesday.
84 February 13, 1986
s
Mr. Carollo: I second the motion of Mr. Plummer naming himself Chairman of
the committee.
Mayor Suarez: Sounds like there was an implicit appointment of a Chairman.
Mr. Plummer: Somebody's got to do it.
34 DISCUSSION REGARDING DRAFT OF R.F.P. ON MASTER PLAN FOR ENTIRE MARIYE
STADIUM SITE ON VIRGINIA KEY (See label 37)
Mayor Suarez: Item 73.
Mr. GilchrisL: I'm going to have John Blaisdell represent the R.F.P. he
drafted for us. I might remind the Commission that at the last Commission
meeting, the Mayor and Commission asked us to furnish at an early stage a
draft copy of the R.F.P. so that everyone had a chance to go through it and to
set a public hearing for this meeting. Under our unified development project
process, the Commission must take public testimony at the end of which they
will either authorize or not authorize the manager to proceed with issuing a
request for proposal. They will name a review committee from the names
submitted by the City Manager, and I have those to pass out right here, and
select a C.P.A. firm for the review of proposals submitted as a response to
the request for proposals.
Mr. Carollo: John, what I'd like to really see, and I'm the one that started
iall this going, is that we have a master plan, not just of the horse shoe
there by the Marine Stadium, but a complete master plan of the horse shoe and
all the areas adjacent to it in the Marine Stadium and all of Virginia Key
together. It's about time that we have a master plan of the whole area, that
we go about this in an organized, professional manner, not chopping that whole
area up a little bit here and a little bit there, where at the end, if we keep
going at the rate that we're going, the City is not going to be able to make
anything of what we have out there. We have probably the most valuable asseL
that the City of Miami owns in Virginia Key and the Marine Stadium. And I
think that if we take time and make sure that we develop a concrete, profes-
sional, sound master plan, then the next step will be to follow the procedure
that we're looking here today of establishing criteria of putting it out for
an R.F.P. with sufficient time so that not only national firms or even inter-
national firms can come in and place their bids if they want to.
Mr. Gilchrist: We're prepared to do that, and would be delighted co move
forward with looking at the entire Virginia Key for the Administration and for
the Commission. We need guidance from you in terms of this R.F.P. and in
terms of what we should do from tnis point on.
Mayor Suarez: John, regarding this particular R.F.P., what has been the
reason for the preparation of it. Has the Commission asked you to do tnat or
do we have a lease that is expiring, or what?
Mr. Odio: No, we were requested- I think it's about a year ago- to develop an
R.F.P. to find out what the private sector could offer us that we are not
doing right now so that we could improve the City's position, financially, in
the Marine Stadium. That was one of the reasons. I don't want to....
Mayor Suarez: Who currently manages that? We do ourselves?
Mr. Odio: We do. We used to have... we have a zero..o we don't make any
money, but we don't have any deficit there now at the current time.
Mr. Carollo: Is that with straight books or shuffling books?
Mr. Odio: No, it's the right books.
Mr. Carollo: What was the deficit that....?
Mr. Odio: We went from $300,000....
_ Mr. Carollo: You guys keep smiling, so you know....
85 February 13, 1986
--
Mr. Odio: No, no, what we tried to do, we went from about five events a
year... Victor Cahill and Walter Golby have done a great job in having more
events there.
Mr. Carollo: So we didn't lose any money this past fiscal year, but we didn't
make any money.
IMr. Odio: No, we didn't make any money.
Mr. Carollo: We didn't lose any money though.
Mr. Odio: No.
Mr. Carollo: Ok. How much did we lose the previous years?
Mr. Odio: We were losing about ... the average was three hundred thousand a
year.
Mr. Carollo: Three hundred thousand dollars a year?
Mr. Odio: Yes. There is no question that if we would put money into this
facility and build for instance a permanent stage, you could tie it witn a
monorail to the Seaquarium, next door and Planet Ocean, monies that we don't
have, that the private sector could offer, that something beautiful could be
done with this facility.
Mr. Carollo:. Well, there is still a question in my mind that the whole Marine
Stadium site, all of Virginia Key, if we go about it with a sound intelligent,
professional master plan, that it won't be long down the line when it's
finally all developed, that the City of Miami could make millions of dollars
in profit a year from that. That's if we want to go about it like a corpora-
tion. If we want to go about it like we done on the rest of it, then we are
either going to lose hundreds of thousands a year or if we are lucky break
even in some things.
Mr. Odio: Commissioner, do you know, we have a sixty-five hundred seats,
permanent seats theatre type ... if we had the permanent stage a lot of other
events could be put in there that we cannot now. So, it is no question that
we have to put money into the facility to get money out of it.
Mayor Suarez: Does the RFP provide for maintaining all of the events that we
_
typically have in there in any one year?
Mr. Odio: Yes. We are protecting the Unlimited Regatta, and any other big
events that we have had there in the past.
Mayor Suarez: Are there any that we are cancelling and that we are saying
r:
that they dre not going to be included in the RFP?
Mr. Odio: Are you cancelling anything?
Mr. John Gilchrist: No, what we were trying to do with this RFP was to
recognize all the existing conditions at that site. The leases around it and
the Rowing Club and the restaurants and all that, but we are asking the
private sector to come back with inspired proposals of what to do with the
entire site and we are not limiting them. We want to hear from them what they
have to offer.
Mr. Carollo: Sure, but a.t the same time, Xavier, even though they are consid-
ering that which is good, because someone is paying us three thousand dollars
a year for three quarters of an acre or a hundred for, you know, a site the
same size, we have to do what's best for the City and what's going to provide
the most revenue for the City of Miami.
Mayor Suarez: I understand and I guess we've had some correspondence to that
effect, that the PACE people are willing to be among the bidders
Mr. Odio: Yes.
Mayor Suarez:... and put in as much as five million dollars of money in
Improvements. Is that going co be real hard cash and not like some of these
s.
other concessionaires?
February 13, 1986
.F
86
Mr. Gilchrist: I cannot speak for their numbers and so on. There is someone
here representing them and they may want to give public testimony, but they
came to us November a year ago and asked us to put it out for competitive bid
and indicated to us that the were willing to carry the cost of revitalizing
and rebuilding the stadium and stage and so forth.
Mayor Suarez: Does the RFP at this point call any large amount of investment
by the private sector bidder, and if so, what amount is that?
Mr. Plummer: It's negotiable.
Mr. John Blaisdell: No, Mr. Mayor and Commissioners, the RFP... Jonn
Blaisdell, Department of Development for the record. The RFP has been struc-
tured to indicate that the City intends to commit no funds and no services...
Mayor Suarez: And no future obligation.
Mr. Blaisdell: No, future obligation. Other than services as Policy and Fire
which is currently provided to other facilities in the City.
Mr. Plummer: No, that...let me tell you something, that was not my under-
standing. Ok. I would prefer that it be totally left open, that the City was
agreeable to investing funds depending on the return to the City and the long
t term lease of the negotiation and I would hope that the City would not bind
itself to that opportunity, that if we wanted to invest certain "X" number of
j dollars, that we would get a greater return over the long term. I don't think
the City should bind itself, but have the flexibility of letting the develop-
er come forth with an amortized scheduled.
Mr. Odio: But that's not what we were instructed to do.
Mr. Plummer: Ok. I'm speaking for one. I never speak for more than one.
Mr. Carollo: Well, J. L., I would be in favor of something that would give us
the flexibility, no question about that.
Mr. Plummer: Definitely.
Mr. Carollo: For instance, Dinner Key Marina out here, because of the flexi-
bility that we have had, it's been bringing us seven hundred, eight hundred
thousand dollars revenue a year.
Mr. Plummer: Exactly.
Mr. Carollo: And I think this past fiscal year bought in about a million
dollars.
Mr. Plummer: If I can invest a million dollars of City money and over the
long term get back five million, I think the people would say I made a good
investment.
Mr. Odio: Oh, I will take it too. But ... ok.
Mr. Plummer: I didn't say you could have it.
Mr. Odio: So, will you inscrucc us how you want to handle this matter?
Mr. Carollo: Well, I think the instructions are clear. We just want the
flexibility of either, you know, keeping it and doing it ourselves on some
parts of it. Some I think, you know, are going to be so great that there is
no way the City can do it itself.
Mr. Plummer: It's negotiable.
Mr. Carollo: Others, you know, leave it open to see if we could invest some
money too and maybe do a joint venture with someone.
Mr. Odio: Yes, sir. We are not...even if we put out the proposal and John,
^� correct me, we don't have to accept any proposals. We could still have the
right to do whatever we choose to do.
'< 87 February 13, 1986
Mr. Carollo: I hope all my colleagues remember that for everything relating
to Virginia Key and the Marine Stadium.
Mavor Suarez: We are going fishing a little bit is what you are saying, but I
do hope that all the elements of the RFP are correct.
Mr. Odio: That's exactly what we are doing.
Mayor Suarez: And I think we have clarified some of them at least.
Mr. Plummer: Let me just...
Mayor Suarez: Commissioner?
Mr. Plummer: ... for edification of myself. John, are we speaking basically,
that of the RFP of what we see on the map? Are we talking about the thousand
and forty-seven acres remaining that we left owned? What happens to the
present lease holders such as the Hut and the people of Rusty Pelican? I need
to know the scope of the RFP.
Mr. Gilchrist: This RFP addresses only that land which is not under any kind
of other agreement out there and I would walk you through that over there at
the site.
Mr. Plummer: So, then you are speaking about even the ocean front property
which is not under any kind of a lease presently.
(INAUDIBLE BACKGROUND COMMENT)
Mr. Plummer: Yes, sir. But now what about on the ocean side, that's not
under lease?
(INAUDIBLE BACKGROUND COMMENT).
Mr. Plummer: All right, sir, so then it is limited to basically, what you
have on the photograph? Ok. That's what I knew. Now, what about the leas-
es...oh, excuse me, the leases that are already in existence arc not part of
it?
(INAUDIBLE BACKGROUND COMMENT).
'Mr. Plummer: All right, sir, thank you.
Mr. Carollo: J. L., what they have before us here is limited to that, but
what I'm saying is to include and make a master plan of everything, the
thousand plus acres that we have out there.
Mr. Plummer: I have no problem...
Mr. Carollo: For instance, I think we would be completely out of our minds if
after we acquire the funds from the Feds, that we certainly will, to improve
our beaches, to give that out to someone out to run for the City and that's
one of the first steps we would have made. The hotels of the City of Miami
will have beaches and we could have shuttles, hydrofoils coming from Downtown
Miami, so that in two or three minutes they could be bringing in tourists
from the Downtown hotels into our own beaches in the City of Miami, Virginia
Key. Better beaches than Miami Beach has.
Mr. Plummer: Agreed.
Mr. Gilchrist: What the Commissioner is making reference to is we have been
requested and have applied for the Corps of Engineers.
Mr. Carollo: We approved that this morning by the way. Yes, it was voted
upon this morning. It's the Corps of Engineers request, which out of the
four requests that we are touching and asking, one of them is going to be for
monies for the restoration of Virginia Key beaches, which the indications are
that they are very much in favor of, or want to start that project.
Mayor Suarez: So, basically, to understand one more time, we are not propos-
ing an RFP at this point to include any of the items listed there.
88 February 13, 1986
Mr. Plummer: That are presently under lease.
Mayor Suarez: I'm sorry?
Mr. Plummer: That are presently under least.
Mayor Suarez: That are presently under lease.
Mr. Gilchrist: That's correct. I would suggest...
Mayor Suarez: What about the ones that were contemplating these things, like
item...
Mr. Gilchrist: I would suggest to you that what happens is when someone is
prepared to make a proposal, they go out and talk to those people who are out
there with, for instance, Hancoa.
Mayor Suarez: Oh, sure, they negotiate....
Mr. Gilchrist: And they negotiate and what we are doing is trying to open
the...
Mayor Suarez: And those people get quite rich a lot of times and...
Mr. Gilchrist: ...open the door to allow them to be creative and come back
with proposals.
Mr. Odio: Commissioner, may I ask... Mr. Mayor, may I ask a question, please,
sir? The part of Virginia Beach...
Ms. Kennedy: Is that a Freudian slip again?
Mr. Odio: No. I would like to... We are preparing a genuine development
project for Virginia Beach. I would like to ask you a question, whether we
could incorporate that to this and have one developer who wants to do the
Marine Stadium plus, tnat, so they could have a... so that they will melt witn
each other, if I may say so. I don't know...
Mr. Plummer: How about a part "A" and part "B", if they wish to go on "B"
they can.
Mr. Odio: Yes. That's right. Ok.
Mr. Carollo: Well, I think that you have to open it up to even more than
that, part "A", "B", "C", "D", "E" possibly, because some of the different
ideas they can come up with at Virginia Key, probably is going to entitle more
than one entity to come in there and do it.
Mr. Odio: I guess what I was saying Commissioner, and Mr. Mayor, that it
would be a compatible development so that one blends in with the other or they
could have the choice of either one.
Mr. Carollo: You are looking J. L., at a project that by the time we are done
with that whole island, might be ten times greater in dollars invested to
develop it than Bayside. You are looking at the biggest project the City of
Miami would have gotten itself involved in. And the one that's going to give
the biggest return to the City.
Mr. Gilchrist: I would just like to suggest that we've put a lot of effort
into doing this particular RFP for that site and it's not something that we
can do overnight to move into the next step, but we would, on your instruc-
tion, we would be, I think correct to professionally approach the entire site
and the restoration of the beach and the development of tnat beach area, but
we would need more time to prepare that.
Mayor Suarez: As presently proposed the RFP does not include the site contem-
plated for Casino Espanol?
't
Mr. Blaisdell: No, sir. Would you like a...
Mr. Plummer: Well, it's covered by the fact that it would not include any
present leases and if we past that lease, then that would be it.
t .
R
89 February 13, 198E
Mayor Suarez: Even if we haven't dealt with thdt item yet, I just want to
make sure...
Mr. Odio: Since you haven't awarded this...
Mr. Plummer: You are not approving the RFP today. They have got to go back
and redraw the RFP into final form.
Mr. Carollo: Sure, we don't want to cut up any more areas for any more
friends or anybody that has a special interest to get their three quarters of
an acre before we finally decide to make a master plan?
Mr. Plummer: Well, I'm talking about Plummer Beach out there on...
Mr. Carollo: Well, let us know now, J. L. For three thousand dollars a year,
you know, I would like to get a dozen myself.
Mayor Suarez: In Suarez Beach everyone must wear a bathing suit, I guarantee
You.
Mr. Blaisdeli: Mr. Mayor and Commissioners, the intent of the legislation
adopted by the Commission at the previous meeting was to review and take
testimony on the public hearing today on the RFP and at the conclusion of the
RFP issue it, unless the Commission dictates to the contrary now.
Mr. Gilchrist: We can incorporate any...
Mr. Plummer: Weil, I would say at this particular point, all right, that this
Commission has taken testimony if nothing more than from the Commission. That
we would like to see more than just this go out as the RFP, but as Commission-
er Carollo brought out that we would go with this as, let's say "A" portion.
The "B" portion would be the beach, and "C" would be all of the remaining and
then...
Mr. Carollo: Well, J. L., again, you can't do it that way because all the
remaining might not necessarily mix and when you are talking about a thousand
plus acres, what I would ask if we could do it this way, is make this side "A"
and then on Virginia Key let the professionals that we have break it up into
how many different areas they think should be brought out.
Mr. Plummer: Fine.
Mr. Carollo: See, basically, what we have here in the Marine Stadium is side
"A" and really it should probably be "A" and "B". Let me tell you why. One
is the stadium. That's still going to be usable and we could either keep
running it ourselves or if we think we could make a better profit with someone
else lease it out, so people can still hold concerts or whatever there. The
other is a Marina Del Rey type of facilities where we could have over two
thousand slips eventually for boats and everything else that's marine -oriented
that would go with it.
Mr. Odio: Sir, this RFP includes the water. So, you have to... because you
are talking about a marina, this includes the water.
Mr. Carollo: Oh, absolutely, it includes the water.
Mayor Suarez: Insofar as it's our jurisdiction. .We have to be careful in
preparing this line that we are going throw out there to see what kind of fish
we catch, not to throw out a .line that is so big that the smaller fish will
not even bite at all. I mean, it would be nice if we can get to whole island
redeveloped in some way .that we would like done, assuming we even want the
whole Island redeveloped, but we ought to be careful to at least make it in
components so that people can bid individually. That would be my preference
but, I'm ready to take the Commission's...
Mr. Carollo: Well, this is what I'm basically, saying, Xavier. Whet I'm
saying is to break it up in chunks that people can develop and...
a.
90 February 13, 1986
Mayor Suarez: And we seem to have someone that is interested in developing
the present area that is now managed by the City and the P.A.C.E. people want
to...
Mr. Carollo: Sure. Ok. For inscanLe, P.A.C.E. wants to bid on that. Now,
if we would just make it into one bid there is no way in the world that they
could bid for the Marine Stadium and to build, you know, slips out there.
They don't nave the know how the money or so on.
Mayor Suarez: Yes, I don't know, but I ... we nave no indicaLion thdL they
would want to do the whole island. Yes, John.
Mr. Gilchrist: What I would suggest is that you consider issuing this RFP for
this facility and authorize us to come back with a conceptual master plan for
the rest of the island. Now, if the Commission's wish is that we don't, tnat
we hold off that's fine. You instruct us accordingly. This RFP is ready to
go for the operation and management of that facility and we have bidders...
Mr. Carollo: My feelings, again, John, are the following, you know, and I
don't know if I have the support or not; that we do not put anything out for
an RFP until we develop the full master plan, number one. Secondly, that once
we do that, once we have a whole master plan, that when we start putting out
different RFPs' we leave sufficient time, even if it's six months before the
deadline is cut so that we could get the best possible bids suggestions frum
all over the world. That people from all over Europe, Asia, anything in
between, from all corners of our States be able to analyze this and we could
get the best possible corporations bidding and presenting their ideas of how
to best utilize the area. For instance, Disney, I'm sure will be super
interested in looking at some areas of Virginia Key.
Mayor Suarez: Ok. What is the Commission's pleasure on this? I think we
ought to move on it. We have certainly argued about it long enough.
Mr. Carollo: Well, my...
Mayor Suarez: And it is a public hearing, so we should take any input from
interested parties. Sir?
Mr. Richard Shack: Hi. My name is Richard Shack. A year ago we formed a
venture or I helped form a venture with P.A.C.E. Incorporated of Houston
which I'm afraid some of the Commissioners may not have an idea of who it is.
This is a five hundred million dollar company. This is not P.A.C.E. locally,
that is a charity. This is a...
Mayor Suarez: That's a whole different P.A.C.E. If has the same back-
ground...
Mr. Shack: This is the P.A.C.E. that owns twelve theaters, produces over
three hundred fifty annual festivals and conventions and functions all
throughout the Country. This is one of the largest theatrical groups in the
world as a matter of fact, right now. This was formed with Festival Ventures
which is a local company, that produces things like the Kool Festival, the
Fresh Festival, just had David Copperfield down here. These two groups
together offered to put together a million dollars to repair the Marine
Stadium. That is to do a cosmetic repair on it, to guarantee seventy snows a
year to appear at the Marine Stadium which would then generate at least a
hundred thousand dollars... between a hundred thousand dollars and seven
hundred thousand dollars net to the City and at the same time advance to the
City five hundred thousand dollars not to be repaid by the City, but to come
out of ticket prices in order to do the electrical and piling repairs that
need to be done to make the facility function properly. P.A.C.E. is still
3 interested in the project as are we and that's why we are asking for this RFP
to be released in the form that it is. The other projects that are involved
would be of interest to other people. This is merely to create promotion of
events at the Marine Stadium and make it a world class Marine Stadium. It is
a marvelous facility that's been there since 1966. I have a particular
interest in it because I did the shows in the first year that it was up and
Jr. was tremendously successful with the Florida Philharmonic family concerts.
We did jazz concerts out there and it was all very very successful back in
1966 and 1967. It can be done again. We would like the opportunity to answer
�._ February 13, 1986
91
the RFP at this point. We would like the Commission to consider putting out
the RFP in this form, at this point and then add to it at a later date with
"B","C","D" and "E".
Mr. Carollo: One question for you, sir. Would your proposal represent...
well, would it represent any problems to your proposals if we would have a
marina out there that eventually will have over two thousand slips?
Mr. Shack: That would be fine and that would supersede what we are doing as
' promoters. At this point we are ready to take over now and start promoting so
that the City can begin making money any where between a hundred and seven
hundred thousand this year on a property that has not made any money in a
f bunch of years.
Mr. Carollo: Well, but, you know, it's great and you know, it's super that we
have that motivation and that interest, but what I have been saying is that,
one, the City of Miami will be doing itself a disservice if we don't look at
everything together, have a complete master plan and then put it out in
different sections. At the same time, if we do not put out enough time and
possibly the time that we need to to place out from the time that we put it
out for bids to the time that they have to be in, might have to be as long as
six months to really give everyone the same fair advantage and for some of
these large national and international corporations that might want to come
and bid, give them ample time to present the best possible solutions that they
might be able to.
Mayor Suarez: Let's hear... are you here to object or co...
1
Captain Dan Kipnis: Actually, Mr. Mayor and Commissioners, I'm not here to...
i
9 Mayor Suarez: State your name and address, Dan.
s
Captain Dan Kipnis: My name is Captain Dan Kipnis, 1600 Tigertail Avenue,
Miami, Florida.
Maycr Suarez: Thank you, Mr. Shack.
Captain Kipnis: Being that I haven't seen what's up here and being that I am
a member of the Waterfront Board, being that we have been trying to get this
in fronL of us so that we could relieve you of this burden which is what our
responsibility is for approximately five months and we have been thwarted on
all sides and I don't know it and the rest of the Board members don't know it,
I would like to ask why do we even have the Waterfront Board if you must go
through this when we can take this burden off your shoulders? I would like to
know what it is.
Mayor Suarez: It's a fair question, but I'm not sure that this is necessarily
the moment in which we have to consult you. We can put out and RFP and get
all your comments on it too. I mean, I...
Captain Kipnis: I just wanted to bring it up that here comes another instance
of something going by the Board that is taking your time.
Mr. Plummer: No, no don't put the cart in front of the norse. Excuse me.
The City has always done and we will continue to, we put out the RFP, when
they come back we will send them to you for review. We will get the advice
and the recommendation and counsel of the Waterfront Board, but the Water-
front Board does not make the decisions, the hard decisions, that this Commis-
sion is elected.
Captain Kipnis: I was not saying that, Mr. Plummer.
Mr. Plummer: Ok.
Captain Kipnis: It just came as a surprise to me when I read the agenda.
Mr. Carollo: Do the Waterfront Board ever get a hold of any of the proposed
RFPs' that we have going there now like Casino Espanol or any others?
February 13, 1986
92
Captain Kipnis: None of this. I mean, we come and meet and we don't have an
agenda. We don't have people in the...
Mr. Carollo: You all never received the RFP after it was placed out on that
particular site there. Why don't you come out here so you can see this. The
triangle on the right. The upper triangle on the right. Right.
(INAUDIBLE BACKGROUND COMMENT)
Mr. Carollo: Isn't the process that we have to follow, J. L., is that after
i it's put out for an RFP we send it to them?
Mr. Plummer: Joe, it was put out for an RFP and it was brought back and the
City didn't negotiate it. Now, whether or not the City went before the
Waterfront Board, I can't answer that. I...
Mr. Carollo: So, that's one of the processes that we have to follow.
Mr. Plummer: It's normal process, but I don't thing it's mandatory.
a
Mayor Suarez: No, it's definitely not mandatory.
Captain Kipnis: I feel I'm wasting my time showing up at the meetings.
Mr. Carollo: Yes, but he is making a good point. If we have a Waterfront
Board...
Mayor Suarez: It's not mandatory, but we really should be forwarding any-
thing to you that has to do with our waterfront. There is no doubt about it
Dan, and we appreciate your input and we certainly ought to do that, and we
will in this case. I'm ready to move on the item if no one else is, because
we can't argue about it forever.
Mr. Plummer: Commissioner Carollo.
Mr. Carollo: Well, now... what the item is, Mr. Mayor, that we insLruet staff
to come with a complete master plan for the Marine Stadium site and all of
Virginia Key...
Mr. Plummer: Not presently developed.
Mr. Carollo: Not presently developed. That's correct. Now, John, how long
of a time do you need for this? And I don't want to rush you, because this is
too important for the City to rush staff and then get, you know, half an egg
instead of the whole picture.
Mr. Plummer: Three and a half hours.
Mr. Gilchrist: Thank you, Commissioner. I believe that I can't answer that
solely myself, but I will make a stab at it. It's my intention in the Depart-
ment of Development to work with our other departments and this is a Planning
Department task in a major way.
Mr. Carollo: Yes, this is a huge task.
Mr. Gilchrist: I will function as a kind of client representing the City's
interest in dealing with them and I will have an input to it. we will, our
department. But I'm speaking here for the Planning Department and that's
probably unfair. I would like to see as much as six months available to come
back with it.
Mr. Carollo: Well, I would imagine that you would need a minimum of that.
So, I..* you know, I would suggest to my colleagues that we will leave it open
and if by six month time they can't come back to us that we will schedule it
in the agenda for them to give us a report of where they are at.
Mr. Plummer: Commissioner Carollo, could I ask of you, sir, that the time
frame be not to exceed six months. It could be less.
93 February 13, 1986
Mr. Carollo: J. L., I would prefer to word it in such a way that if by six
months they are not finished, they are then to come before the Commission to
explain to us why they are not finished dnd where tney are at and how long it
will take. This is a huge task we are asking them to do. I mean, for in-
stance, Watson Island. John, how much time do you spend on Watson Island? I
mean,...
Mr. Gilchrist: I started in 1977, sir.
Mr. Carollo: Yes, and that was for something that was a failure, not some-
thing that's going to, you know, be a complete success like this and this is
fifty times bigger than Watson Island.
Mr. Shack: In the interim, may I ask again, humbly, that the Commission
approve this RFP as the first step in order to get the facility in shape for
the production of shows that would make a profit for the City. This RFP
stands strictly on its' own as merely a performance facility for the Marine
Stadium. This is not the Virginia...
z
F
Mayor Suarez: Now, I'm ready to vote on that RFP Dick, and I'm ready to close
debate on the concept of taking the whole island and I'm really having reser-
vations about that, because we haven't even thought about that. I don't one
3 thing takes away from the other. So, Commissioner, you want to make your
J motion?
Mr. Carollo: I made a motion.
Mayor Suarez: Ok. We have a motion on the floor that...
Mr. Plummer: Second. Second the motion.
Mayor Suarez: ...we not take up Item 73, this RFP and instead instruct the
City to consider the use of the entire island in possible development as I
have stated. It's been seconded as I have stated. Now, under discussion, I'm
going to vote against that because it seems to unduly delay an RFP could get
us a vary interesting project. Any further discussion from the Commission?
Mr. Carollo: Xavier, you know, I can certainly respect that, but what we have
to realize is this, that by pushing this now he might have a great offering,
but we might then have someone else that will offer twice as much as they are
and may be something here more interesting.
Mayor Suarez: One thing contradicts the other, Commissioner. I really
don't... and I think our City staff has explained that adequately, that we can
proceed with this RFP. We can take... accept one bid or reject all of them at
a later point and in the meantime we are moving on a possible project that can
benefit the city greaily and that someone apparently wants to invest as much
as five millions dollars. Frankly, I haven't even though about the possible
uses of all those other beaches or nor that we even have to get into Planning
for any of them. Some of them look fine to me. I... they could be perfectly
well as on spoiled land as far as I'm concerned. I don't know now the rest of
the Commission feels and we probably ought to just go ahead and take a vote
on it.
Mr. Carollo: Well, Xavier, I would rather look at things in a much more
`
progressive outlook into the future and those beaches there, if you will go to
_
there now are not being used and the state that they, are in the reason frankly
and partly why they are not being used, but I think that sometime in the
future you will probably have a different outlook at that. Like I have seen
that you have had in different things when you have been shown that, you know,
your ideas at the time weren't necessarily correct and you do not have all the
facts, but you know, I respect that opinion.
Mayor Suarez: As we say in the law, reasonable men differ and in this cast
two reasonable men differ a lot, but your motion has been made and duly
seconded and I'm going to close debate on it dnd let's Lake a vote on it,
because there is a lot of people here that wish to be heard on a lot of other
items. Please call the roll.
Mr. Plummer: I have other discussion relating, but not direct.
a
'
�, .
February 13, 1986
94
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 86-122
A MOTION DENYING DRAFT OF RFP PRESENTED TO CITY
COMMISSION REGARDING M95TER PLAN FOR ENTIRE MARINE
STADIUM SITE ON VIRGINIA KEY; FURTHER INSTRUCTING THE
CITY ADMINISTRATION TO COME BACK WITHIN THE NEXT SIX
MONTHS WITH A COMPLETE MASTER PLAN FOR THE ENTIRE
MARINE STADIUM SITE AND THE ENTIRE VIRGINIA KEY AREA
NOT PRESENTLY DEVELOPED, AT WHICH TIME, IF SAID MASTER
PLAN WERE STILL NOT FINISHED, THE CITY MANAGER WOULD
HAVE TO COME BACK BEFORE THE CITY COMMISSION TO GIVE
REASONS FOR THIS DELAY. (This motion was later
reconsidered by M-86-125)•
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
ABSENT: Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
3
ON ROLL CALL:
1 Mr. Dawkins: I'm going to vote "no" and in voting "no", I think that if we
can put out the RFP and if we don't like it we can turn it down and go back
and start over.
i
t
Mayor Suarez: That does away with Item 73 and I take note of the fact that we
have instructed the City to come back with some kind of a report as...
Mr. Odio: Six months.
Mayor Suarez: Within six months I understand, right?
9 Mr. Odio: Yes.
Mayor Suarez: Because we really should move on this.
Mr. Plummer: Mr. Mayor, two other areas of concern. Mr. Manager, I am very
concerned, air, that beaches exist out on the outside of this here and people
are going out there and creating a liability for the City. At nights, the
4 gate is not locked and it is creating a tremendous problem for the Police
Department by literally thousands of young people that are out there that are
drinking. I think the City needs to gee that gate closed after sun down as
all City parks are involved, and eliminate this liability for the City.
35. BEGIN R.F.P. PROCESS FOR PROMOTION OF AMPHITHEATER AT BAYFRONT PARK
Mr. Plummer: Second of all, Mr. Gilchrist, it is my understanding that the
amphitheater which will be in the new Noguchi Park is the City's control. Is
that correct?
Mr. Gilchrist: It is at this point. We haven't finished the design or bid it
yet.
Mr. Plummer: All right, sir, I would like to make a motion at this time that
the City immediately instigate an RFP for a promoter to come in and to pro -
note in that amphitheater .so that the day that Bayside is finished wr will
have a ready to ran promoter who will go in, hopefully, and promote that
amphitheater which is very key to the operation of Bayside. I so move Mr.
Mayor, that the City develop an RFP for the operations and promotion of the
amphitheater in the new Bayfront Park.
Mr. Carollo: Second.
February 13, 1986
x, 3
95
& 0
Mr. Dawkins: Under discussion.
Mayor Suarez: It's been moved and seconded and under discussion, Commissioner
Dawkins.
Mr. Dawkins: Commissioner Plummer, what's the difference in what you just
proposed and what the guy just left out here with?
Mr. Plummer: No, sir. That is noc under Bdyside's control. The amphltnedter
is under the City's control. The amphitheater in Bayfront Park.
Mr. Dawkins: Oh, Bayside. Amphitheater. Oh, not the Marine Stadium.
Mr. Plummer: No, sir. It has nothing to do with that.
Mr. Dawkins: Ok. Thank you.
Mr. Gilchrist: Commissioner Plummer?
Mayor Suarez: John?
Mr. Gilchrist: May I offer some discussion?
Mr. Plummer: Sure.
Mr. Gilchrist: I would like to see it done as a unified development project
rather than an RFP for the operation...
Mr. Plummer: John, I'm not limiting your...
Mr. Gilchrist:... in order to allow the developer to put ... the promoter to put
money into it.
Mr. Plummer: I have no problem with that, it being part of the RFP.
Mayor Suarez: I think the motion really...
Mr. Plummer: But I think we need to do something now...
Mayor Suarez: Yes, it's to instruct you to start studying what should be done
there.
Mr. Plummer: Exactly.
Mayor Suarez: Ok. A motion has been made and seconded, any further discus-
sion, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-123
A MOTION DIRECTING THE ADMINISTRATION TO IMMEDIATELY
BEGIN PROCESSING AN R.F.P. FOR A PROMOTER WHO WOULD BE
HIRED TO HANDLE THE OPERATION AND PROMOTION OF THE
AMPHITHEATER AT BAYFRONT PARK IN ORDER THAT CONCOMI-
TANTLY WITH THE OPENING OF THE BAYSIDE PROJECT, THE
ADMINISTRATION MAY IMMEDIATELY PROCEED WITH THE
PROMOTION OF THE AMPHITHEATER.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote-
96 February 13, 1986
# 0
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
36. APPROVE IN PRINCIPLE CITY HOUSING CONSERVATION AND DEVELOPMENT AGENCY.
Mr. Odio: Mayor, #76 was due at 3:30.
Mayor Suarez: We have a tough decision to make here on which items we handle.
People have been waiting here for quite a long time. You have nad you say
already today a couple of times. We are going to.
( INAUDIBLE BACKGROUND COMMENT) .
Mayor Suarez: How many people do you have here on your item Ann Marie?
(INAUDIBLE BACKGROUND COMMENT).
Mayor Suarez: Be very brief, we are going to take up Item 51.
Ms. Ann Marie Adker: This comes from the Community Development Department and
we would like to know what they are doing or think about these plans. That's
Frank Castaneda.
Mayor Suarez: On 51 I understand that we are basically voting on the princi-
ple or the concept of having a City of Miami Housing Agency, somewhat inter-
esting title of City of Miami Housing Conservation and Development Agency.
Maybe it should just be the Housing Agency or Housing and Development Agency.
We have got a lot of conservation entities running around that maybe we may
not need to add that name to it, but that's up to you. Herb?
Mr. Herb Bailey: Mayor and members of the Commission, what you have before
you is a request to have the City Attorney's Office determine the legal
sufficiency of whit would entail a proposal for this Commission to set up a
housing agency to act as a housing responsible authority to carry out many of
the housing projects that this Commission would like to have done.
Mayor Suarez: Would that take away some of the functions now performed by
Little HUD? Is that the idea, the Housing Authority?
Mr. Dawkins: That's my idea.
Mr. Bailey: Two items that we would assume that are now currently being done
by Little HUD in Dade County and that is substantial housing rehab and the
section eight certificates.
Mr. Dawkins: And the discretionary funds.
Mr. Bailey: Yes. It would permit us to consolidate our own efforts and other
federal funds that we have to carry out a housing program within the City.
Mayor Suarez: Does this resolution, Madam City Attorney, carry the implica-
tion that we can do this without... Madam City Attorney? Lucia? If we
approve 51, are we saying in affect that we have the legal authority to take
away certain housing powers from Little HUD, not that I have any hesitancy
abouc doing that. I just want to know what we are voting on here.
Ms. Lucia Dougherty: All you are doing is instructing me to draft an ordi-
nance. We have already opined that the powers lhdt we gave up several yedrs
x;
M,.
`.: February 13, 1986
97
AIL
ago are still going to remain in Little HUD, but there are new powers that the
City has obtained from the Federal Government that are not, that had not been
given up to Little HUD and we will continue to use that and OLner ones that
have subsegjently come about. Furthermore, we are going to do our own housing
code enforcement by reason of this ordinance. So,...
Mayor Suarez: Oh, that would be excellent. You got my vote on it. I would
only suggest again, the change of the name to take out some of the wording
there and just make it Housing and Development Agency.
Ms. Kennedy: Let me ask Mr. Bailey something. Will we...
Mayor Suarez: We are not closing off the bay, we got all...not all the time
in the world. We got some time.
Mr. Odio: Commissioner Kennedy, has a question.
Mayor Suarez: Commissioner Kennedy?
Ms. Kennedy: Will we be creating new positions or using existing staff?
Mr. Odio: The answer to that is "no", there won't be no creating no new
positions or we never would get to this point.
Ms. Kennedy: Ok.
Mayor Suarez: Thoc's an excellent question. Very important question.
Mr. Plummer: Ok, I...
Mr. Dawkins: You learn well, Mr. Manager.
Mr. Plummer: I think a very key point here is that this allows this City to
do things that HUD, in Metropolitan Dade County, cannot do. Is chat correct?
Mr. Bailey: Cannot do and has not done.
Mr. Plummer: Ok. And I think that's key, because without this the City would
lose the availability of this, with this the City is doing something tnat
Metropolitan Dade County has not and cannot do, and I think that's very key.
That we are not going in competition. We are not taking away anything from
HUD. We are doing those things which HUD cannot do.
Mayor Suarez: Do we have a motion on this item? I think we have exhausted
the discussion. Have we not?
Mr. Dawkins: Move it.
Mayor Suarez: It's been moved.
Mr. Carollo: Second.
Mayor Suarez: Seconded. Any further discussion? Please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-124
A RESOLUTION APPROVING, IN PRINCIPLE, THE ESTABLISH-
MENT OF A CITY OF MIAMI HOUSING CONSERVATION AND
DEVELOPMENT AGENCY, DIRECTING THE CITY ATTORNEY TO
PREPARE THE NECESSARY ENABLING LEGISLATION, AND
DIRECTING THE CITY MANAGER TO PREPARE A WORK PROGRAM
AND OPERATING BUDGET FOR THE CITY COMMISSION'S CONSID-
ERATION.
(Here follows body of resolution, omitted herr and on
file in the Office of the City Clerk.)
98 February 13, 1986
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following voLe-
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Yes.
Ms. Adker: Now, Item 52.
Mr. Odio: She wants all the items.
Mayor Suarez: You are not dictating to us which item you want to go to next
are you?
Ms. Adker: We are the voters.
Mayor Suarez: You are vehemently suggesting to us which item? We are going
to take 52 anyhow because what I would like to do is see if 52, 38...
Mr. Odio: 46.
Mayor Suarez: and 60,...
Mr. Plummer: And 46.
Mayor Suarez: ...46 and 60 all have relations to one another. The relation-
ship to one another being that they all deal with the different housing
initiatives that we have got in the City and then we can get to, what I belief
to be your island counselor. 58. I know you have got some people waiting on
that. We got... we lost our City Manager.
Mr. Dawkins: What are we taking 38?
Mayor Suarez: No, 52.
Mr. Plummer: Where is the Manager of the month?
Mr. Odio: I'm here.
Mr. Plummer: 52.
Ms. Kennedy: Mr. Mayor, I have a problem. I have Just been advised that on
Item... the R.F.P. item, which one was that?
Mr. Plummer: Which R.F.P?
Mayor Suarez: 73.
Ms. Kennedy: 73. I stepped out of the room and the.motion changed. So, I...
my vote is recorded wrong.
Mayor Suarez: I will entertain a motion to reopen the item.
Mr. Odio: Which Item is that, Mayor?
Ms. Kennedy: 73.
Mr. Odio: 73.
Mr. Dawkins: Now, what are we doing now?
99 February 13, 1986
Ms. Kennedy: I was voting for the R.F.P., but as I left the room the motion
had changed, nobody advised me of that.
Mr. Odio: Then you have a problem, because you have to... you have no motion.
Mayor Suarez: I will entertain a motion to reopen discussion of Item 73.
Mr. Odio: What happened Madam Clerk, is that by voting
Ms. Hirai: If it is legally accepted by the City Attorney, if she makes the
clarification on the record, we can go ahead and change her vote officially.
Mr. Odio: She thought she was voting on the R.F.P. for it and she didn't know
she was voting
Ms. Dougherty: Well, she was on the prevailing side anyway.
Mr. Odio: No,
Ms. Kennedy: When I left the room the motion was in favor of the R.F.P., then
it changed and nobody advised me.
Mr. Plummer: It changes the motion. IC reverses the three two.
Mayor Suarez: If not, I will entertain a motion to repeal what we did on Item
73. Madam City Attorney, I know you can figure out a way to do it.
Ms. Dougherty: You can reopen it.
IMMEDIATELY THEREUPON, A VOTE FOR RECONSIDERATION WAS TAKEN OF THE PRIOR
MOTION.
..................................... I ............ ............. .......
37. RECONSIDER M-86-122, MASTER PLAN FOR ENTIRE MARINE STADIUM SITE IN VIR-
GINIA KEY; BEGIN R.F.P. PROCESS FOR UNIFIED DEVELOPMENT PROJECT FOR
MIAMI MARINE STADIUM. (See label 34)
Mayor Suarez: Ok. We have a motion to revisit or reopen Item 73. Do we have
_- a second? Because if not, I will second it. It's seconded. Commissioner
Carollo, I'm glad we have you back. We have a motion and a second, any
further discussion? I'm sorry, you arc the Chairman.(MAYOR PASSES THE GAVEL
FOR THE PURPOSE OF SECONDING THE MOTION).
Mr. Dawkins: And further discussion? What they...
Mr. Carollo: On What Mr. Mayor, 70...
Mr. Dawkins: What happened, Joe... Madam Clerk, explain to the Commissioner
what happened please, so he can be appraised of what's happening.
Ms. Hirai: We are revisiting the vote on Agenda Item 73, because Commissioner
Kennedy, voted on what she thought was a motion and in fact it was another.
So, we will revisit the issue and vote again.
Mr. Carollo: All right.
Mr. Dawkins: Further discussion.
Ms. Kennedy: I'm not used to boards changing motions so fast.
Mayor Suarez: This is just to reopen 73.
Mr. Dawkins: Any further discussion, call the roll Madam Clerk, please.
THEREUPON, on motion duly made by Commissioner Kennedy and seconded by Mayor
Suarez, a motion to revisit previously taken vote on Agenda 73 was defeated by
the following vote:
�k
y:
Yk
i` 100 February 13, 1986
j
AYES: Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller Dawkins
ABSENT: None.
Mayor Suarez: There is a Latin term for this. I don't know whdL... I don't
remember what it is. "Facta Est." We are on 52.
Mr. Odio: Well, we have no conclusion on 73 then.
Mr. Plummer: Oh, yes, you do. The matter was not revisited, so the motion
previous stands.
Mayor Suarez: The prior motion stands.
Mr. Plummer: That's correct.
Mr. Dawkins: That's unfair though. Mr. Mayor, that's unfair, I change my
vote.
Mayor Suarez: Ah, we got another vote. We got another motion to revisit the
latest vote we just took.
Mr. Dawkins: That's unfair. I mean, I respect the Commissioner's right to...
Mayor Suarez: I appreciate that. I think it would be fair to the Commission-
er.
Mr. Plummer: Excuse me, out of order. Commissioner Dawkins, was not...
Mayor Suarez: That's motion passed. I am now the Chairman again and I will
enLCrtain a motion to revote on the last item or to reopen the vote. Commis-
sioner Dawkins? Do you have a motion to reopen the item once again?
Mr. Dawkins: Yes, I so move.
Mr. Plummer: Yes, is there a second.
Mr. Dawkins: Yes, I move..
Mayor Suarez: I second it.
Mr. Plummer: No, he made the motion, right?
Mayor Suarez: And I just seconded.
Mr. Plummer: Ok. So, I'm the senior officer. Call the roll please.
The following motion was introduced by Commissioner Dawkins, who
moved its adoption:
MOTION NO. 86-125
A MOTION TO RECONSIDER PRIOR COMMISSION ACTION WHICH
DENIED RECONSIDERATION OF PREVIOUSLY TAKEN VOTE ON
AGENDA ITEM 73 (DRAFTING OF A COMPLETE MASTER PLAN FOR
THE ENTIRE MARINE STADIUM AND FOR THE VIRGINIA KEY
AREA NOT PRESENTLY DEVELOPED.)
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote-
101 February 13, 1986
AYES: Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
ABSENT: None
Mayor Suarez: Back on 73 one more time.
Mr. Odio: What do I have on 73?
Mayor Suarez: Now, the motion was to not accept the City's proposed RFP for
the Marine Stadium and instead to instruct the City witnin the next six months
to study the entire island and come back with some development proposals. Is
that more or less correctly stated, Commissioner?
Mr. Carollo: That's corrCct? And again, let me explain this as clearly as I
possibly can so that Mrs. Kennedy, and everyone else here can understand it.
If we are going to go about developing that area the City of Miami owns by
piecemeal, then we are not going to get the maximum financial benefit that the
City of Miami can acquire. Here we are talking about bad times, that we got
to come up with new ways of saving the City money and finding monies for this
City so that we don't have to raise taxes and here we have a gold mine that we
haven't begun to put together in a professional master plan...
Mayor Suarez: Commissioner, I have to warn you, I'm hearing the same argu-
ments and we are going to...
Mr. Carollo: Well, Mr. Mayor, that...
Mayor Suarez: I'm going to take the Chair prerogative pretty soon and end
discussion. I'm warning you of that.
Mr. Carollo: No, Mr. Mayor, you might and I certainly, you know, understand
if you want to, but each member of tnis Commission has the rignt to speak
and...
Mayor Suarez: I don't want to prevent you from saying what you want to, but
not to repeat the same thing over and over again, please, sir.
Mr. Carollo: ...I haves to finish saying what I want to say. I'm not saying
the same thing over again, and if you want...
Mayor Suarez: Sounds pretty similar to me.
Mr. Carollo: Well, if you want to bring it up and the majority of my col-
leagues want to shut me up, then that's fine, then I will nave to, but up
until that time comes I'm going to express myself, sir. It's just like you
always have the opportunity to express yourself and no one tries to interrupt
you.
Mayor Suarez: For a reasonable period of time, sir, as determined by the
Chair.
Mr. Carollo: Going back to what I was saying, this land that the City owns is
the most valuable asset that the City of Miami has, if we go about it in a
professional manner to develop it to the fullest economic value that we can.
The City of Miami can make a tremendous amount of money on a yearly basis and
I would go as far as saying that when it's fully developed we could probably
bring in in excess of ten million dollars. Some of you might say well, how
could that be? Give you just one example, Dinner Key back here that has
approximately four hundred boat slips, this brought the City of Miami last
fiscal year in returns approximately one million dollars alone. only one of
the phases that we are looking at in this particular area is in building for
the Cicy of Miami a marine that's going to be even larger than the world
famous Marina Del Rey. A marina that's going to have over two tnousand boat
slips. We could go on and on and on of what the potentials arc there and I
will be more than happy at any given time publicly to show the media, to snow
102 February 13, 1986
the public, some of the ideas that I have discussed in the past of what could
be done there, but what I'm saying is that why let this go now, because we
have one group that's well intended that wants to offer, no question about it,
a good gain for the City on a yearly basis, when we could actually try to get
other groups that might even offer double whac these people are offering? We
don't know what the potentials are. They have been studying this for some
time and they are going to make one offer, but if we go out now and just put
this part out, there is no way in the world that we are going to get any
coordination between this part and the other area of Virginia Key and possibly
not get some of the major national and international corporations to come in
and bid on different projects, and same that want to bid on one part that ties
into another. Or again, they might want to bid only one part. So, this is
whac I'm trying to show to my colleagues, but you know, I certainly respect -
the opinions of the other half.
Mayor Suarez: We have a motion and a second and I'm going to close debdtr and
call the roll.
Mr. Carollo: Whac is the motion that we have?
Mayor Suarez: It's your motion, sir. I think it's been explained duly now
a to all the Commissioners. Yes, Wellington. Very briefly, please we goc
? people waiting to be heard on so many items here.
Mr. Wellington. Rolle: Mr. Mayor, before... Wellington Rolle, I live in the
City of Miami. On this particular Item 73, I think it would be helpful if you
have the City Attorney to look at Section 3, I think that there is a prohibi-
tion against what you are talking about in developing the waterfront unless
this particular development is in the existing property for the waterfront.
If it's not there, then I'm saying to you directly it's a violation of the
Charter and I think that for the record, Mr. Mayor, you need to ask the City
Attorney to read that information into the record.
Mayor Suarez: I will personally, so instruct her prior to the RFP being... if
it is passed.
Mr. Rolle: I think prior to the vote you should do that so all the Commis-
sioners will know.
Mayor Suarez: Well, I don't think so, but I respect your opinion on that.
Mr. Carollo: Ok. What is the opinion you gave again, Wellington?
Mr. Rolle: It's Section 3(f) in the Charter. It prohibits this kind of
development piecemeal unless it's a part of the existing City plan ... cne
development plan for the City of Miami. If it's not apart of that right now
you really can't legally, lawfully do it.
Mayor Suarez: Yes, well, we are not even yet talking about any development
that I know of, but we will look at it. I mean, I.. we certainly have to look
at any things that you have pointed out in the Charter as you want to do quite
$ often to make sure that we are doing the right things properly, and we appre-
ciate your input. I think it's been noted and I will personally make sure
that it's considered Wellington, as I have done in the past with your legal
and constitutional concerns. We have a motion and a second...
Mr. Plummer: Excuse me, the motion on the floor is what?
Mayor Suarez: The motion is the original Commissioner Carollo, motion to not
accept this RFP and instead to instruct the City within the next six months to
petty much come up with a plan for the entire island.
Mr. Plummer: I second the motion.
I Mayor Suarez: It's been moved and seconded, please call the roll.
THEREUPON on motion duly made by Commissioner Carollo and seconded by Commis-
sioner Plummer, the foregoing motion instructing staff to come back in 6
months with an RFP for the entire Marine Stadium area was defeated by the
following vote:
103 February 13, 1986
AYES: Commissioner Joe Carollo
Commissioner J. L. Plumy, Jr.
NOES: Commissioner Rosario Kennedy
Vice -Mayor Miller Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: I think we are ready to cake a vote on the original RFP Item
73. It's implicit but we've got to take a vote on it. Ok. Do I entertain...
I will entertain a motion on Item 73 that we approve that RFP. The issuance
of the RFP. If you don't make the motion, I'm going to move it because if we
go back again and not get something done after all this...
Mr. Dawkins: I just moved, if you shut up and ask for a second.
Mayor Suarez: Thank you. We nave got a motion do we have a second?
Ms Kennedy: Yes.
Mayor Suarez: It's been moved and seconded, hearing no further discussion,
please call the roll.
The following motion was introduced by Commissioner Dawkins, who
moved its adoption:
MOTION NO. 86-126
A MOTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS FOR A UNIFIED DEVELOPMENT
PROJECT ACCOMPLISHING THE DEVELOPMENT OF CULTURAL,
RECREATIONAL, ENTERTAINMENT AND MARINE -ORIENTED
RETAIL USES, INCLUDING FOOD AND BEVERAGE SALES, OF
THE MIAMI MARINE STADIUM LOCATED ON CITY -OWNED WATER-
FRONT LAND AT 3601 RICKENBACKER CAUSEWAY.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
ABSENT: None
Mr. Carollo: Now, if I may ask Lhe City Attorney to study the statement that
Mr. Wellington Rolle, made to see if there is any validity to that, and then
if you could bring it back hopefully, before we adjourn.
Ms. Dougherty: I have it now if you...
Mr. Carollo: You do have it now. Can you go ahead .with it please?
Ms. Dougherty: 3(f) provides that the use must be authorized under the then
existing master plan of the City of Miami.
Mr. Plummer: Is there a master plan is the question?
Ms. Dougherty: There is a master plan for the City of Miami. There is a
comprehensive plan. I don't know the answer to that question and there is
as..
Mr. Caroilo: Well, what is your answer? Is it "yes" or "no"?
104 February 13, 1986
Ms. Dougherty: I don't know if it is or isn't. I mean, that's...I'm the
lawyer. I'm not a planner.
Mayor Suarez: Ok. Would you please report back to this Commission before we
get along too far on this RFP whether that section in the Charter referred to
is violated in any way by the issuance of the RFP?
Mr. Odio: Mr. Mayor, you...
Ms. Dougherty: Mayor, I would suggest that you ask thu administration whetn-
er or not it violates the master plan.
I Mayur Suarez: Oh, I see, we need a planning answer.
Mr. Odio: You have to select a certified public accounting firm and you have
to appoint members to a review committee to evaluate the proposals of tnu...
Item 73.
Mayor Suarez: That will be the procedure we follow, right, under the RFP
unified development project.
Mr. Plummer: Once you have the RFP back.
1
{ Mr. Dawkins: But if it's illegal, we don't have to do anything.
t
Mayor Suarez: We want a legal opinion on it and it's ... I think the consensus
of this Commission that we ought to make sure that what we voted on was legal.
Mr. Carollo: Yes, but not only that, we have to make sure that it's legal
even before it's, you know, put out.
Mr. Odio: Ok.
Mayor Suarez: I have no problem with the concept. I mean, obviously, if it's
was not legal, what we did was invalid, but we need an answer within a reason-
able amount of time. Let's... you want to specify a time, Commissioner?
Mr. Carollo: Well, I think we have to specify a time that it be brought back
to the next Commission meeting. Otherwise, we really can't do anything until
we find out.
Mayor Suarez: It could invalidate the prior action of the Commission, that's
correct.
Mr. Carollo: Not only that, but it could place the City in a terrible legal
jeopardy.
Mayor Suarez: Just don't let legal questions raised by my good friend
Wellington. Rolle, to stall the action of this Commission, because he raises a
lot of them and some are valid and some are not, so, let's just get a legal
answer on that within ten days, I would say.
Mr. Carolio: Well, when is the next meeting? The 27th?
Mayor Suarez: The regular meeting, the 27th.
Mr. Carollo: Would it be fair to wait until the 27Ln, for that?
Mayor Suarez: You could ask for whatever period of time you think that you
would like.
Mr. Carollo: Well, that should give the staff plenty of time and it shouldn't
jeopardize anything whatsoever.
Mayor Suarez: The City Attorney doesn't want to take it upon herself give us
a legal opinion. We need an opinion from the City staff...
Ms. Dougherty: It's not a legal opinion, it's a planning opinion.
105 February 13, 1986
0
Mayor Suarez: Ok. An opinion from the ---that's what I said ---from the City
staff as to whether this is within the Code and whether the master plan is in
accordance... this is in accordance with the master plan. In fact, you could
build that into your RFP, obviously, if it's not you can't issue an RFP on it.
So, but just, by the next Commission meeting, we would like a report on that.
Mr. Carollo: Does anybody in staff know'?
Mr. Sergio Rodriguez: I don't have the master plan witn me here, obviously.
Mayor Suarez: Well, we just want it for the next Commission meeting.
Mr. Rodriguez: Ok. That's, ok. I can do it.
Mayor Suarez: Thank you.
Mr. Odio: So, then this is pending until we come back with the legal opinion?
Mayor Suarez: That item was voted on and it was passed favorably, but the
Commissioner has raised a legal question that we would like resolved by the
next Commission meeting.
Mr. Odio: Ok. In your agenda package you have on the item the four firms
that have to be picked and one of them has to be picked and they are ranked to
the...
Mayor Suarez: It would seem to me to make sense to hold off until we get tn.t
opinion.
Mr. Odio: Ok.
Mayor Suarez: Yes, the public hearing on that item is continued until the
27th. Bob, do you feel we must do that?
Mr. Bob Clark: Yes.
Mayor Suarez: Ok.
Mr. Carollo: Well, on the record, Mr. Mayor, the City Attorney has advised us
that we should do that. That's what Mr. Clark said as I understood it.
Ms. Dougherty: To continue the item, yes, sir.
Mr. Carollo: Exactly.
Mr. Plummer: Continue which item? I'm sorry.
Ms. Dougherty: It's the continuation of 73, the public hearing.
Mayor Suarez: I deem the item voted on, passed three to two, subject to a
determination by the City's staff that the RFP will lead to potential projects
that are within the master plan and we should get that as quickly as possible.
I would strongly suggest we don't select anyone until we have that opinion in
hand and get it to all the Commissioners.
Ms. Dougherty: Mayor, could we have a time certain on that public hearing?
Mayor Suarez: Will be at the next Commission meeting on the 27th.
Ms. Dougherty: At 4:00 P.M.?
Mayor Suarez: Oh, a time certain. Yes, 4:00 sounds good.
106 February 13, 1986
38. DISCUSSION OF SCATTERED SITE HOUSING FOR LOW/MODERATE INCOME FAMILIES
(See label 41)
Mayor Suarez: We are back to Item 52.
Mr. Odio: Yes, sir. This involves a one million dollars from the eleventh
year of the CD to implement a housing development and home ownership financing
} program as described in the program thaL you have attached in your agenda. It
authorizes the City Manager of securing the necessary financing to acquire
development sites in community development target areas and if you have any
questions, Mr. Frank Castaneda will be glad to answer.
i
Ms. Ann Marie Adker: Mr. Mayor?
j Mayor Suarez: Ann Marie, before you proceed. Any Commissioners want to ask
any questions? Go ahead, Ann Marie.
Ms. Ann Marie Adker: Mr. Mayor and Commissioners, I'm Ann Marie Adker, 407
Northwest 5th Street and that's in Overtown. I have a concern with the sites
that Community Development and the Southeast Overtown Park West Development
Authority is seeking, sites seven, eleven, and twelve. I have... these are ---
eleven and twelve especially ---are the sites that is being rrLommendvd by Lne
City Planning...
Mr. Frank Castaneda: I'm sorry, you mean sites one, two and three?
Ms. Adker: In this plan?
Mr. Castaneda: It is sites one, two and three of the OverLown area.
Ms. Adker: Wait just a minute. What is one, two, and three?
j
Mr. Dawkins: Mrs. Adker, let me show you what he is talking about.
Mr. Matthew Schwartz: Seven, ten and eleven of the other plan.
Mr. Dawkins: See you have got Allapattah, than Lhey have goL some in
Overtown. They got Model Cities.
3
(INAUDIBLE COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD)
{
Ms. Adker: And now I'm thrown. I'm really thrown, you know, because we
didn't get the right information on this. You are seeking one, two, and tnree
for what purposes?
Mr. Castaneda: I'm not familiar...
Mr. Schwartz: Commissioners, the Overtown Housing Plan designates these
site, the same site as seven, ten and eleven and in this report that was
prepared by CD they number them differently, one, two and three. It's Lhe
same sites, Mrs. Adker, that... It's all in agreement.
Ms. Adker: All right, now we can talk.
Mayor Suarez: Briefly.
Ms. Adker: I told you I have been here since 9:00 A.M.
Mayor Suarez: And you have spoken already on a couple of other items. Go
ahead.
Ms. Adker: We went before ---and I spoke as a member of the Overtown Advisory
Board ---before the Planning Board and requested that they direct tnis to a
community based non-profit organization.. housing builc...low income nousing
built in Overtown. Are you going to accept the recommendation of the Planning
Board?
107 February 13, 1986
Mayor Suarez: We don't know yet. I haven't heard the rest of the Commission.
I will tell you, I'm going to accept it.
Ms. Adker: I would like to near what, Frank Castaneda, has to say about his
proposed plans for this program.
Mr. Dawkins: Let me ask some questions before you get any further, will you.
Ok. First I want Model Cities changed to Liberty City, because Model Cities
includes a lot of Dade County property out there and I want to make sure thai.
the fifteen single units that you are going to put in Model Cities go in
Liberty City. Now, with all the money that you are spending, you have got
thirty units. Is thirty units going to be built in Overtown, or is it going
to be built in Park West Overtown?
Mr. Castaneda: In Overtown.
Mr. Dawkins: Outside of the nine...
Mr. Castaneda: Outside of the Park West thirty.
Mr. Dawkins: Outside of the nine point square area.
Mr. Castaneda: Yes, sir, Commissioner.
Mr. Dawkins: Overtown then has the largest amount of allotments out of the
million dollars. Is that correct?
Mr. Castaneda: Yes, Commissioner.
Mr. Dawkins: All right, Wynwood gets what, fifteen? Wynwood gets fifteen,
right?
Mr. Castaneda: Yes.
Mayor Suarez: By the way, if I may, Commissioner, are these all affected
areas as defined in Community Development guidelines?
Mr. Dawkins: Yes.
Mr. Castaneda: Yes, Mayor.
Mr. Dawkins: Target area.
Mr. Plummer: How much money do you have total?
Mr. Castaneda: One million dollars for acquisition.
Mr. Dawkins: And Allapattah gets fifteen.
Mr. Castaneda: Allapattah gets fifteen
Mr. Dawkins: And all of those come up to a million dollars?
Mr. Castaneda: Approximately.
Mr. Plummer: Wynwood gets, no, differently. Wynwood gets the biggest, bulk of
the acquisition dollars.
Mr. Dawkins: Who?
Mr. Plummer: Wynwood.
Mr. Dawkins: Acquisition two twenty-eight?
Mr. Plummer: No, you are talking about sites. I'm talking about dollars.
Wynwood gets the largest bulk of the dollars and tndt's three hundred two
thousand.
Mr. Castaneda: That's correct.
February 13, 1986
108
Mr. Plummer: My question to you is, Frank, thdt's fine to acquire the prop-
erty and make it vacant and lei weeds grow. Where are the monies to build the
houses?
Mr. Castaneda: There are two issues here, one is the acquisition issue dnd
then the other issue is the item that you have deferred on the funds to
develop the property.
' Mr. Plummer: Oh, no, no, no. Those bonds are not for the development of
i this property. Absolutely, not.
i
Mr. Odio: This is acquisition.
Mr. Plummer: This is acquisition. Now, this is a separate project from
Overtown two hundred sixty acres Downtown. Where is the money coming to build
this housing?
Mr. Castaneda: Basically, what we were proposing was that the City would
serve as a developer. If those bond monies are removed from this, then
basically we would have to put the property out for bids and offer the second
mortgage program from the County as permanent financing for them.
Mr. Odio: But we are planning to use the six million dollars to build this.
Mr. Castaneda: He is saying "no".
Mayor Suarez: No, no, that has not been voted on. He is giving his own
opinion, but that may very well be the consensus of the Commission, but it is
good to point out that without us approving Item 38 and Item 60 it would be
quite difficult to build this housing, because we wouldn't have the money for
it. I mean, we would have to go look for our secondary... second mortgage
monies from the County, etc.
Mr. Castaneda: We could not be t:1e developer if that item is not approved.
Mr. Plummer: Why is it advantageous for the City to be the developer? I
mean, you have people... the private industry in that business. Why should the
City be the developer?
Mr. Herb Bailey: Commissioners...
Mr. Dawkins: Because the private sector hasn't done anything out therm to
start with, so, maybe the City will get something done.
Mr. Plummer: No, no, I'm not saying about the promoter, I'm saying developer.
Mayor Suarez: Amen.
Mr. Herb Bailey: Commissioner, may I respond CO that please? The reason that
in some cases the City has to be the developer, in fact, that is one of the
main reasons we suggested the housing agency. There are certain cases under a
certain financing, especially, when you use tax exempt financing which may or
may not be some of those that we are asking for approval today that the law
says that the City has to be the developer. We are only developers of last
resort. If there is any case whereby we have a private entity that comes
forth on any of these parcels and indicates to us that they would like to be
the developer, we would then ask for their plans and then we will go the RFP
route and bid it out for those particular entities that want to be the devel-
oper.
Mr. Pluumer: Then the developer, Herb, is different than the contractor?
Mr. Herb Bailey: Yes, that's right and we are the developer and then we bid
out for construction. If there is an indication for a private person to be a
developer, then they would be awarded the contract to develop and to contract
out for construction.
_
Mr. Plummer: But: what we are saying is eat this poinc...I think this is
premature to discuss this item without discussing the other two items first.
February 13, 1986
109
At this present time, if you look at Northwest 5th Street from the expressway
over to 7th Avenue where acquired all of that property and tore down some
livable units which are today vacant property, generates no tax dollars, it is
vacant land, it is not being used and there was one more false promise made to
the community that housing would be built. The community holds us responsible
even though it was not our responsibility that the federal money in HUD dried
up. The Community still says where are the houses that you tore down and you
told us you were going to replace. My concern is that this could be another
thing in which we are going to take a million dollars worth of property off of
the tax rolls assume it in City ownership and not be able to do anything
With. And I think that Item 52 is premature until you have discussed Item 38
and 46, until some determination is made.
Mayor Suarez: Yes, I think we should actually consider all of them in con-
junction because one seems to really go with the other. They all seem to
hinge on one another, Frank.
Mr. Bailey: May I make a comment on that please?
Mayor Suarez: We can take votes on them as you suggest, you know,...
Mr. Plummer: Mr. Mayor, I don't think 52 will even come into play unless
certain things happen with 38 and 46.
Mr. Bailey: I would just like to indicate to the Commission that the majority
of these sites that we have targeted for acquisition are either vacant,
abandoned or have contribute to a...
Mr. Dawkins: Well, why do we have twenty-four thousand dollars in Allapattah
for relocation and fifty thousand dollars in Model Cities for relocation if
they are vacant, Mr. Bailey?
Mr. Bailey: As I said, the majority of the...
Mr. Castaneda: The majority.
Mr. Bailey: The majority of them, Commissioner, there will be some...
Mr. Castaneda: The ones that have people are in sub -standard conditions
and...
Mr. Bailey: Yes, some of them in deplorable condition to have people in them.
Mr. Dawkins: And in Wynwood, you are going to spend seventy-two thousand
dollars for relocation. So, the only place you got vacant is Overtown. Now,
the only thing you got on here that's vacant, sir, that requires no money for
relocation and no demolition is Overtown.
Mayor Suarez: Totally vacant, but I mean there is a lot sites in the other
places too, Commissioner.
Mr. Dawkins: Yes, uh, huh, but what I'm saying though, Mr. Mayor, is that Mr.
Bailey, is telling me that the majority of the land is vacant and that's
contrary to what I have in front of me. That's all I'm trying to say.
Mayor Suarez: I think the majority of the sites in all the areas are vacant,
but we do have to do some...
Mr. Dawkins: Well, why are we... No, no, no,...
Mayor Suarez: But we arc paying relocation for the minority ones that are now
vacant, but are in bad shape and the people really should not be living under
x those conditions.
Mr. Dawkins: But if when... all right, now...if the only one in here which
has thirty sites, has no relocation, you got fifteen sites in Wynwood, fifteen
sites in Modal Cities and fifteen sites in Allapattah, that's forty-five
sites. Now anyway you count forty-five is more than thirty. So, you can't
tell me that the majority of tnem when I got forty-five you relocation is
vacant.
110 February 13, 1986
Mr. Bailey: Comm,over, as I said, there are aor acant and there are some
occupied and let'Lalk about the occupied ones t. V we are going to remove.
We have gone out to look at these structures and there, unfortunately, are
some people who are living there. The condition under which these people have
to live in these facilities are deplorable and the only way we are going to be
able to address the need for those people who are forced to live in those
conditions, unfortunately, have to come out through some public action. That
is why in some of these situations we do have allocations for relocation.
Those houses are far below Code standards and'life safety factors.
Mr. Dawkins: Then we are right back to what comes first, the chicken or the
egg. I have been saying ever since I have been up here that you needed
something in place for individuals to relocate in their neighborhoods. Now,
we have people in Wynwood, you are going to displace them and you don't have
anything for them to relocate in, but you got seventy-two thousand dollars to
relocate them. If you had housing ready, as I have been saying every since I
have been up here,...I get tired of you people coming up here telling me that
we are going to displace people and got no place for them to go.
Mr. Bailey: We have to start somewhere Commissioner. There is no land
available.
Mr. Dawkins: You should have started... the first you should have done with
the first land you made vacant in Overtown was put up a hundred units to
relocate people in Overtown in and we don't have... We don't have...
Mr. Bailey: We would love to do that. We have no funds. We would love to do
that.
Mr. Plummer: You got a million dollars.
Mr. Bailey: Well, that's for land acquisition.
Mayor Suarez:
You want to make it
into a
motion that we first acquire,
assuming that we
move on this item
at
all and
that really kind of hinges on 38
and we are going
to go back and
take a
vote on
that., but if-... should 38 pass,
that we should
first acquire
and proceed
to
develop areas that are vacant.
before we relocate anyone. I
think
that's
what you are indicating, Com-
missioner.
A:
r.ilS POINT,
THIS
ITEM TEMPORARILY T)RFFRRFD
39. AUTHORIZE ISSUANCE OF $6-M IN HOUSING CONSTRUCTION BONDS (See label #12)
Mayor Suarez: Let's go back to item 38 and revisit that and get that resolved
before we proceed too much further on 52, because I think that's what we are
going to have to do. I have heard all the discussion on it before. We spent
quite a bit of time on it and I'm ready to make a notion and cede the Chair to
the Vioe-Mayor.
Ms. Adker: Before you make your... before you ask for a motion on that.
Mayor Suarez: Yes, Ma'am,
Ms. Adker: As I heard. the discussion on Item 38 this morning, again, we are
being deprived I think ---the residents of Overtown---of our rights. You are
now coming from the South side of 5th Street to 14th Street and you are
calling that the redevelopment area for overtown. I would like to...
Mayor Suarez: No, that's a different item I think.
Ms. Adker: What is it?
Mr. Plummer: No, ■y motion this morning encompassed the total two hundred
sixty, acres, that bounded by 5th Street on the South, loth Street on the
North, 7th Avenue on the West and Biscayne Boulevard on the East. I did
slot...
Ms. Adker: While the rest of it is left to deteriorate like whdt we are
seeing now.
Mayor Suarez: He trying to define all of Overtown. All of Overtown.
,Mr. Plummer: I'm trying to get...
111 February 13, 1986
Ms. Adker: All of Overtown goes from 5th Street to 23rd South.
Mr. Plummer: But the project, Annie, at this present time is only up to 14tn
Street. I can't change tnat boundary. Ok.
Mayor Suarez: Well, I will tell that for my vote, I will vote against any
such restriction, because I'd like the Community Department and I our future
housing agency, etc., to be able to help us define areas that are affected.
i I'm confident that they will only pick the areas where people are really needy
and we won't do like we have done in the past tnat we began to build some
local housing projects in areas that don't need it, but that's going to be my
vote. So, I won't even vote for the restrictions, but if what the Commis-
sioner is proposing is to restrict it to that area and we ought to take a vote
on that. I understand that you don't want it restricted to the Northern
boundary bring 14tn Street?
Ms. Adker: No, no way, and please if you are going to have a housing depart-
ment that will be bidding contracts for housing... now, I don't know. I will
listen to this.
Mr. Plummer: What is the North boundary?
s
Mr. Bailey: The North boundary stops at I-395 for the project area. However,
Overtown as it is defined in the CD target area...
Mayor Suarez: Yes, commonly known goes up to 21st.
Mr. Bailey: It covers about one square mile, and it goes beyond that.
f
j Mr. Plummer: Ok. But what is that boundary. I have no problem with changing
i
that northern boundary.
Mr. Odio: 20th Street is the boundary.
Mr. Plummer: It's 20th Street, Annie.
Ms. Adker: 23rd Street South. Ok.
Mr. Plummer: Ok. Fine, I have no problem with that.
Mr. Odio: Ok.
- Mr. Bailey: To the Government Center.
Mayor Suarez: Ok. The motion on the floor by Commissioner Dawkins, I believe
has been seconded...
Mr. Dawkins: What's the motion?
Mayor Suarez: Is that Item 38 be approved, but with the undcrsLanding that
any use of those bonds be restricted to the area bounded as described, the
northern boundary which has just changed to 23rd Street. The rest of the
boundaries are those that are commonly associated with the area known as
Overtown, and it's been moved and seconded.
Mr. Plummer: I second. Oh, I'm sorry, I didn't know it was seconded.
Mr. Rolle: Mr. Mayor?
Mayor Suarez: Yes, Wellington. You arc going to tell us it's illegal again?
Mr. Rolle: Yes, sir. I want you to understand that this is not an emergency
and I have come here on several meetings when you have come with the items on
the agenda and all I have done is relayed this on the record and I think that
at some...
Mayor Suarez: I understand your concern, but you know, there are people
living under our bridges and in our streets and how can it now be an emergcn-
cy?
*1
112 February 13, 1986
Mr. Rolle: Well, that's not an emergency for ---according to the rules and the
regulations of this Commission and the only thing I would ask you, Mr. Mayor,
and the City Attorney, is that you are going to either have do this ot► your
own or we can figure out an other way that we can discuss this matter, because
I think it's important to the citizens of the City of Miami, that this Commis-
sion not attempt to continue passing these kinds of ordinances when they do
not conform to the rules and the regulations governing this Commission, and I
don't understand...
Mayor Suarez: I respectfully, not... I'm not arguing the legal point, buL you
are nitpicking. I mean, what difference does it make. We are going to...
Mr. Rolle: I'm not... well, let me ... if you want...excuse me.
Mayor Suarez: You...let me just clarify a point politically. You have had
your say on these every time. You have expressed the feelings of a lot of
people like yourself that may be opposed to this. If you are opposed. I'm
not sure that you ere opposed. You seem to be only opposed to the procedure
that we are using. So, what is the point constantly of telling us that these
things are not emergencies. Our City Attorney tells us that they are emergen-
cies. We must get on with it. It takes us years to do any of this stuff
whether it's an emergency or not and you are constantly telling us that it's
not an emergency. What is the point. I mean, you are expressing your opinion
that people are being consulted and you are being overridden by this Commis-
sion.
Mr. Rolle: Ok. Let me tell you what...
Mayor Suarez: I'm not keeping you from talking on it. I mean, you...
Mr. Rolle: I understand, no. I understand.
Mayor Suarez: You know, how much time we spent together going over some of
these points of yours.
Mr. Rolle: One of my concerns, Mr. Mayor, and Commissioner Plummer, was here
wizen Mrs. Range, was here and Reverend Graham was here, this redevelopment
urban renewal N.D.P. it goes back a long way. It has only been since 1963
that the segregation laws were taken out of the Charter in the City of Miami.
Plummer, was sitting on this Commission prior to that time. He sat on this on
this Commission for about twelve years. The point I'm making to you is that a
whole community of people were relegated to the boundaries that are constantly
referred to as Overtown by law and today you tell me now that you can effect
an emergency thet you want to render some service to those same groups of
people, but you want to disrupt that entire community. The State government
came in, they laid in an interchange, it took up fifty-one acres there,
displaced a lot of people and to listen to this Commission talk about a
boundary at 14th Street and not talk in terms of redeveloping this entire
community, but you can say today that this is an emergency and we are going to
do part of it.
Mayor Suarez: I understand what you are saying and we noted.
Mr. Rolle: And all I'm saying... Well, I mean, you can say chat you are
noting it...
Mayor Suarez: We have to start somewhere is all I can tell you, sir.
Mr. Rolle: Well, my point is why not put the boundary around the whole area.
There are at least fifteen resolutions, fifteen...
Mayor Suarez: That would be my preference and I intend to vote that way, but
I have to follow what the Commission decides.
Mr. Rolle: I'm not.arguing with the Commission, Mr. Mayor, but the point I'm
making and Plummer, is right here on the Commission, there are at least
fifteen or twenty ordinances and resolutions that I have copies of that has
the boundary as Ann Marie Adker said, from Sth Street all the way up to 23rd
Street and from 7th Avenue all the way over to the East Coast Railroad right-
of-way and what I'm saying to you, why doesn't this Commission do ehe right
thing and put...
113 February 13, 1986
IF
Mayor Suarez: I don't know what boundaries you are talking about. I under-
stand at this point that we can define any boundaries that we want, sir.
Mr. Rolle: I don't think that's true, Mr. Mayor, somebody is misleading yuu
only because you are not being challenged.
Mayor Suarez: That's not to say that I'm going to agree with the boundaries
because I want to include the whole City and let the department decide, but
that's what the Commission is...
Mr. Rolle: Well, thanks for permitting me the time, Mr. Mayor. Thank you.
Mayor Suarez: Thank you, Wellington. The motion is to accept the bonds
called for by Item 38 subject to a restriction that the monies only be spent
for redevelopment or rather low cost housing or affordable housing in the
areas defined and generally known as Overtown, the boundary which extended up
to 23rd Street, Ann Marie.
Ms. Adker: Ok. Does that include the reeommenddcion from Planning?
Mayor Suarez: Which one?
Ms. Adker: From the City of Miami Planning Board.
Mayor Suarez: At this point we are just talking about Item 38 which is just
the issuance of the bonds, which dre the enabling bonds without which we can't
do a thing. I guarantee you.
Mr. Plummer: The money.
Mayor Suarez: The money.
Mr. Dawkins: May I read something here into the record? It's from Brown,
Wood, Ivy, Mitchell and Petty. "It is from our review of existing federal tax
laws and House Rule 3838, we have concluded; One, section 703 page 7 of
HR3838 by incorporating the transitional exception from Section 63282 of the
Tax Reform Act of 1984 permits the City to issue obligation bonds to finance a
redevelopment program on nine City blocks adjacent to a transit station, but
only if such program was approved on October 25, 1983. II. HR38 allows the
City of issue obligation bonds including, but not limited to tax increment
bonds under the arbitrate rule of the 1984 act. In other words, free of the
arbitrate restriction in HR38, but only for the Overtown project."
"Project", I want you all to understand that. "It may be possible to issue
bonds to fund the collateral fund for purchase of unsold homes under HR38, but
in order to obtain the benefits of the exceptions contained in HR3838, the use
of those monies would be restricted to the Overtown project." Now, it didn't
say nothing about Overtown area.
Mayor Suarez: That's precisely the Bill that the Senate might not necessarily
approve and are indicating they will not approve and they will modify it, but
we have saved ourselves and grdndfathered in under that Bill. Have we not
Herb?
Mr. Bailey: All right, what that says chat 'the least' that we can do would
be the original nine block area.
Mayor Suarez: You undcrsLand that as meaning the ieest that we can do?
Mr. Bailey: That's the least that we can do. And what the least simply means
is that we do not have unlimited arbitrage if we use it outside of the
Overtown area.
Mayor Suarez: Yea, the...
Mr. Bailey: Now, it doesn't say... it's a matter...
Mayor Suarez: Yes, the Senate is particularly concerned with people, cities
making money on the issuance of these bonds by reinvesting it and not quickly
enough moving on the projects and a variety of other things, but I don't think
114 February 13, 1986
even... even HR3838 will nog negate the expenditure of these monies any place
in the City of Miami that we deem ... unless, of course, they make a retroactive
date and somehow invalidate it, but Lhat's not even contemplated at this
point.
Mr. Plummer: No.
Mr. Bailey: No, it's not. In fact, before we get Lo a point like that we
would be back before this Commission with any adjustments that have to be
made.
Mayor Suarez: We have a motion, it's been seconded. It includes the restric-
tion to Overtown...the area generally known as Overtown. Hearing no further
discussion from the Commissioners, please call the roll.
(AT THIS POINT THE CITY ATTORNEY READS THE ORDINANCE, BY TITLE ONLY, INTO THE
RECORD)
Mayor Suarez: Item 38 with the modifications, yes. Call the roll please.
(AT THIS POINT THE CITY CLERK CALLS THE ROLL)
ON ROLL CALL:
Mayor Suarez: I'm going to vote "yes" because of wording is such that I can
expand that area as soon as we get to the next item. So, I will vote "yes".
Ms. Hirai: Second roll call. Mr. Plummer...
Mr. Plummer: Excuse me, the first motion died.
Ms. Dougherty: No, he approved.
Mayor Suarez: It passed.
Mr. Dawkins: It passed the Mayor said "yes".
Mr. Plummer: Excuse me, the motion is denied.
Mr. Odio: Four fifths vote.
Mr. Dawkins: Why?
Mr. Plummer: Four fifths vote.
Mayor Suarez: We don't have another Commissioner.
Mr. Plummer: Well, why don't we give the opportunity to, Commissioner
Carollo. Ask the City Attorney to advise him. You advise him.
(COMMISSIONER CAROLLO ENTERS THE ROOM AT THIS POINT)
Mr. Dawkins: You are in the driver's seat.
Mayor Suarez: The motion is to accept the bonds called for by Item 38 with
the additional restriction that the monies only be spent on the area generally
known as Overtown, Commissioner Carollo, and that restriction reads such that
other areas could be included, but only if the Commission first explicitly
approves other arras to be included.
Mr. Carollo: Well, how does this differ from the previous motion that we
passed this morning?
Mayor Suarez: It was never passed. It's the same motion.
Ms. Hirai: Shall we call the roll call again?
Mayor Suarez: Please call it again.
Ms. Hirai: Roll call, Mr. Plummer...
115
a
February 13, 1986
Mr. Plummer: Firs►. time?
Mayor Suarez: First time.
AN ORDINANCE ENTITLED -
il
AN EMERGENCY ORDINANCE AUTHORIZING THE ISSUANCE OF UP
TO SIX MILLION DOLLARS ($6,000,000) IN HOUSING CON-
STRUCTION BONDS OF THE CITY OF MIAMI, FLORIDA, FOR
SALE AT PUBLIC OR PRIVATE SALE; AUTHORIZING THE USE OF
THE SERVICES OF A PLACEMENT AGENT, IF REQUIRED;
APPROVING THE DEPOSIT OF THE PROCEEDS OF THE SALE OF
SAID BONDS IN A REVOLVING LOAN FUND TO FINANCE CON-
STRUCTION OF SINGLE-FAMILY RESIDENCES AND/OR IN A
COLLATERAL FUND TO FINANCE THE PURCHASE OF SUCH
RESIDENCES BY THE CITY OF MIAMI; AUTHORIZING THE USE
OF THE SERVICES OF A CONSTRUCTION MANAGER TO MONITOR
THE DISBURSEMENTS FROM THE REVOLVING LOAD FUND;
AUTHORIZING THE PLEDGE OF CERTAIN FRANCHISE PAYMENTS
RECEIVED BY THE CITY OF MIAMI AS SECURITY FOR SAID
BONDS; DECLARING THE ORDINANCE AN EMERGENCY MEASURE;
DISPENSING WITH THE READING OF THE ORDINANCE ON TWO
SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the follow-
ing vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote -
AYES'. Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10081.
The Cicy 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.
116 February 13, 1986
0 A 0
40. FIRST READING ORDINANCE: AUTHORIZE ISSUANCE OF $40,000,000 OF SPECIAL
CONSTRUCTION REVENUE NOTES.
Mayor Suarez: I think the proper one... let's take a little guidance here
from our...
Mr. Bailey: 46.
Mr. Odio: 46.
Mayor Suarez: Right. Thank you, Commissioner, would be 46. Now, as I
understand it to clarify one time and at the risk of instead of clarifying,
complicating everything, let me just say, would it be correct to say that the
six million dollars will be the catalyst... those bonds, the revenue bonds are
dependenL on franchise fees, right, that we have on line?
Mr. Bailey: Yes.
Mayor Suarez: And in turn will nelp to buttress the standby credit lines from
the banks which in turn will buttress the sixty million dollar construction
loan which is only for thirty-six months after which time we have to find
permanent financing for all these houses.
Mr. Bailey: Not only that, we have to pay off the notes in thirty-six months.
Mayor Suarez: Well, yes, that's what I mean, to pay off the notes. I presume
you are not going to keep the money after we find permanent financing.
Mr. Bailey: We'd like to.
Mr. Plummer: Plus you got to spend the money.
Mayor Suarez: And we have —I'm sorry.
Mr. Plummer: You have to spend the money.
Mr. Dawkins: Point of clarification. Although, we approved sixty million you
are not spending but forty-three million?
Mr. Bailey: No, we have letters of credit for forty million and we probably
i will issue forty million or somewhat less in that ... you know.
Mayor Suarez: Yes, the plan really calls for about forty-three and half
million, is that...
Mr. Dawkins: No, no, are you going to exceed forty million dollars?
Mr. Bailey: No.
Mayor Suarez: Any particular reason why we are. not approving forty-three
then, instead of sixty?
Mr. Bailey: Because the letter I got from the banks after their meeting and
they hired attorneys to give us a letter of credit, only indicates that they
have gone up to forty million dollars worth of guarantees and that is a
sufficient amount for us.
Mr. Dawkins: Madam City Attorney, what do I do to insure that no more than
forty million dollars is spent? See, because they may come in tomorrow with
some more letters that takes it up to sixty million and as a taxpayer, I have
got a problem.
Mr. Bailey: Well, we will have to come back for a second reading Commission-
er, this is just the first reading.
:: 117 February 13, 1986
0' #
Mr. Dawkins: Thank you, Mr... Now, Madam City Attorney, since Mr. City
Attorney gave me a legal opinion, I will get it from Madam City Attorney.
Ms. Dougherty: Every time they sell the bonds they have to come back to you.
Mayor Suarez: Is he drawing salaries from two departments now? Madam?
Ms. Dougherty: Excuse me.
Mr. Dawkins: Go right ahead, Madam City Attorney.
Ms. Dougherty: They have to come back to you.
Mayor Suarez: It will come back for a second reading.
Mr. Dawkins: Ok. In the second reading, I want it...
j Mr. Bailey: We will specify...
i Mr. Dawkins: No, no, no, I want it spelled out in the resolution for the
second reading, that the sales of these bonds will not exceed forty million
dollars.
Mr. Bailey: No, problem, Commissioner.
Mr. Dawkins: Is that legal Madam City Attorney? You got to put it in this
one the first time.
Mr. Plummer: Well, wait a minute, you say no problem. Now, let me ask you
this question. ghat did we have the agreement with Senator Pepper about
Grandfather? Can we reduce it?
Mr. Bailey:No, the grandfathering was simply to retain...
Mr. Plummer:
The project itself or dollars?
3
Mr. Bailey: Retain the project itself.
Mr. Plummer: Oh, ok. All right.
1
Mr. Bailey: All right. And the determination as to how many bonds that we
can sell is predicated upon some calculations and advice from our financial
adviser and bond counsel.
Mayor Suarez: And by how much we have guaranteed by standby letters of
credit. So, we can never exceed whatever we have gotten from banks.
Mr. Bailey: Absolutely.
Mr. Plummer: Question. If you reduce it from sixty to forty, does that
reduce the six?
Mr. Bailey: No, it doesn't.
Mr. Plummer: That's cheat.
Mr. Bailey: No, not really, because we cheated the banks. They wanted more
than that.
Mr. Dawkins: Madam City Accorney...Ok. Do I have to make a motion to get
that put in there?
Mr. Plummer: just amend it.
Ms. Dougherty: Yes, sir. .Mr. Commissioner,...
Mr. Dawkins: All right, I wane to amend the —.see because if I don't put it
in this time I can't approve it the second time. I amend this to not exceed
forty million dollars.
118 February 13, 1986
I
Mr. Plummer: Right.
Mayor Suarez: You want to do that or you want to say to not exceed whatever
amounts we are able to get guaranteed by banks?
Mr. Dawkins: I want to say forty million dollars. Now, if anybody else would
like to say...
Mayor Suarez: Commissioner, let me jusL finish, maybe you will like the
suggestion. Can we say instead whatever amount is guaranteed... "up to
whatever amount is guaranteed by standby letters of credits from local banks?"
Mr. Dawkins: No, no.
Mayor Suarez: Or national bank? Japanese banks?
Mr. Dawkins: We have got enough debt service in the City of Miami now. Ok.
So, now we...
Mayor Suarez: These will be revenue bonds. They will not...
Mr. Dawkins: I beg your pardon?
Mayor Suarez: They will be revenue bonds, they will noL be a debt of the
City.
Mr. Dawkins: Well, if I take the revenue bonds I can't pay other bonds, so
I ... it's all one pot.
Mayor Suarez: No, they have to be paid when the units are sold. The City
will not be primarily or secondarily or obliged, obligated.
Mr. Dawkins: I make a motion that this doesn't exceed forty million dollars,
can I get a second?
Mr. Plummer: I accepL the amendment. I second the original motion.
Mayor Suarez: That they don't exceed what amount?
Mr. Bailey: Forty million.
Mr. Dawkins: Forty million dollars.
Mayor Suarez: We have a motion that the figure there. read forty as opposed to
sixty million dollars and a second, any further discussion from the Commis-
sion? Other than my statement that I'm not sure wilat we are accomplishing my
limiting it to forty. But you know, as long as we get off the ground...
Mr. Dawkins: What we are accomplishing is trying to keep ehe debt service
down for the citizens, us taxpayers who live in the City of Miami.
Mr. Suarez: There will be no debt millage rate involved in this at all and no
primary or secondary obligation for the City, Commissioner.
Mr. Plummer: Well, excuse me, that's nor. true. Mr. Mayor, excuse me. You
are in fact obligating the franchise of the Southern Bell, which could be used
for another purpose. So, you are obligation the City in some ways.
Mayor Suarez: Yes, that's Item 38 that we did already, but...
Mr. Plummer: Well, but I'm saying one dependents on the other.
Mayor Suarez: Yes, I would suspect that Item 38 would have been a smaller
amount possibly if we issued a total of less than sixty million dollars in
revenue bonds. You asked that and they told us the same amount?
Mr. Plummer: I just asked that question and he said no. That's why I said he
was cheating.
119 February 13, 1986
Mayor Suarez: So, I don't see where we lose by going up to sixty, but if you
want to go up to forty, that's... 'cost la vie!
Mr. Bailey: Mr. Mayor, just for your clarification and I have no problem with
the forty, but I would just like to read into the record the letter I got from
the banks and in essence it did say that these banks have now come together
and have committed letters of credit in the amount of forty million dollars.
They reason we put the sixty million, which was the amount of the resolution
at the time we were preparing this in order to get it on the agenda in a
timely fashion, we went to the extent of what you had already approved.
Mayor Suarez: Ok.
Mr. Bailey: It was our intention to du forty million dollars.
Mayor Suarez: That's fine, forty million sounds like good start. We have got
a motion and d second, any further discussion, hearing none, please call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AUTHORIZING THE ISSUANCE OF UP TO FORTY
MILLION DOLLARS ($40,000,000) OF SPECIAL CONSTRUCTION
REVENUE NOTES OF THE CITY OF MIAMI, FLORIDA, CONTIN-
GENT UPON THE STRUCTURING OF A PROGRAM THAT MEETS THE
REQUIREMENT FOR TAX EXEMPTION IN THE FEDERAL INTERNAL
REVENUE CODE; IDENTIFYING THE MANAGING UNDERWRITER
OF SAID ISSUE AND FIXING THE TERM OF SAID NOTES;
AUTHORIZING THE USE OF A COLLATERAL FUND SECURED BY A
PLEDGE OF CERTAIN FRANCHISE PAYMENTS; AND PROVIDING
FOR THE TAKING OF SUCH FURTHER ACTION AS MAY BE
NECESSARY IN CONNECTION WITH THE ISSUANCE OF SAID
NOTES.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission and
to the public.
120 February 13, 1986
41. CONTINUED DISCUSSION REGARDING LOW/MODERATE INCOME HOMES TO BE BUILT IN
OVERTOWN; START WITH UNOCCUPIED OR VACANT SITES (See label 38)
Mayor Suarez: We have disposed of thdt item. What is the other related item
now?
Mr. Odio: 53. 53 Mr. Mayor.
Mr. Plummer: 52.
Mr. Dawkins: 53.
Mr. Bailey: The scattered sites.
Mr. Odio: I'm sorry 52.
Mayor Suarez: 52. Now, we had not had a motion, but just about had d motion
from, Commissioner Dawkins, that we move first and exclusively on vacant lots
for the scattered site acquisition. Is that a motion?
Mr. Plummer: Well, excuse me. May I inquire?
Mayor Suarez: Absolutely.
Mr. Plummer: Mr. Mayor, predicated on the action of the two previous motions,
I then have to ask other than the money to make the acquisition, relocation
and demolition, where is the money coming from for these sites?
Mayor Suarez: To develop the sites?.
Mr. Bailey: To develop the site or to buy the site?
Mr. Plummer: To develop. I am not interested in any way shape or form, to
buy these sites, take them off the tax rolls, unless you can give assurances
to this Commission, that you are going to be building sometning to put back on
those sites and the money is available to put them back on the tax rolls.
Mr. Bailey: Our original plan, Commissioner, was to...
Mr. Plummer: I understand, but that didn't fly.
Mr. Suarez: Well, what he is saying is so far we have restricted the actual
building to the Overtown area. If we were to vote in favor of Item 52 and we
should do it explicitly, we are expanding that, because otherwise, why acquire
the sites if we are not going to build on it.
Mr. Plummer: Exactly the point I'm making.
Mr. Bailey: We can always put those sites out to bid to have...
Mr. Plummer: Mr. Mayor, I would suggest on Item 52, that we defer this item
and give them the availability to come back at the next meeting and indicate
where the monies could come from to build on those sites if we do acquire.
Mayor Suarez: That's part of... am I wrong or can you do that with the monies
that you will be getting from these revenue bonds?
Mr. Bailey: We can do that...
Mr. Plummer: Only in the Overtown sites.
Mr. Bailey: ...only in the Overtown section. In fact, only...
Mr. Suarez: Well, that depends on how this Commission votes if we want to
expand tnat area. I mean, I understand that we have to expand that to include
other areas if we get into this and we want to actually build and I agree with
l21 February 13, 1986
I
whdt you are saying that we shouldn't acquire them unless we are going to
0
build there outside of Overtown.
i
Mr. Plummer: I would still ask Mr. Mayor, I think we have had too much, too
fast, too often, that this matter be deferred until the next meeting and ask
them to come back with a logical...
Mayor Suarez: Well, how about this, Commissioner, if we at least approve the
ones that are vacant to take care of his concern and in Overtown to take care
of your concerns, so we can move.
Mr. Plummer: Mr. Mayor, I still would prefer to do it in a more rational way
and give them the opportunity to come back and answer the questions after they
have had the time to think about them.
Mr. Carollo: If that's a motion, I will second it.
Mayor Suarez: We have a pending motion, I thought from, Commissioner
Dawkins. If you want to withdraw your motion we will entertain that motion.
I..
i
Mr. Dawkins: Yes, I'm going to do that. I'm going to withdraw my motion and
ask Mr. Bailey, can we use the hundred slots that we have from the documentary
stamp money, can that money be utilized on these scattered sites, of this home
ownership?
Mr. Bailey: The answer to that, Commissioner, obviously, is "yes". However,
when we went before the Documentary Surtax Board and asked for the allocation,
we were asking for it to be within the project area. We have subsequently
because of the uncertainty of getting any additional federal monies, U.D.A.G
or otherwise, however, we still hope that that will happen, we have written
the Documentary Surtax Board and asked them for permission to convert seven-
ty-five percent of those surtax allocations into funds that would make up for
the difference of the U.D.A.G monies that we did not receive.
Mr. Plummer: That's very logical.
Mr. Bailey: That's a permissible use of that money.
Mr. Plummer: I would say that Item 52 would be deferred until such time as
that answer is forthcoming.
Ms. Kennedy: That's the thing that makes more sense.
Mr. Plummer: Sure.
Mayor Suarez: Yes, I was going to ask you, Commissioner to... Commissioner
Plummer, to let me make a motion tnat would substitute yours and that... what
was the concern just expressed, because I missed it. I'm sorry.
Mr. Plummer: On the doc stamp.
Mayor Suarez: Whether we could use doc stamp monies right?
Mr. Bailey: Yes, we will continually on a annual basis and in fact, on a
periodic basis make application before the Surtax Board for any housing
ownership that comes forth, not just in the Overtown, but anywhere in the
City.
Mayor Suarez: We really heven't done particularly well with doc stamp monies,
have we, in City projects?
Mr. Bailey: Well, it just started, but we were able to get an allocation.
Mayor Suarez: Well, no, they first used them a couple of years ago.
Mr. Plummer: God bless Marty Fine!
122 February 13, 1986
0 i
Mayor Suarez: No, they used them a couple of years ago, but...all right, let
me ask you if you would withdraw your motion and instead accept a motion that
would resolve the concern that you have expressed, Commissioner Plummer, that
we not go beyond the Overtown area as previously defined in item 38, and also
resolve Commissioner Dawkins's concern chdt we not go into ... beginning to
acquire sites that are occupied and possibly displacing people, and restrict
ourselves initially to acquiring properties tnat are vacant in the area
previously defined and called Overtown.
Mr. Plummer: That is $180,000, as outlined in your memo? I nave no problem
j
with that, Mr. Mayor.
Mayor Suarez: That is the motion on the floor.
Mr. Plummer: I have no problem with that.
Mayor Suarez: If he ... he accepts that.
Mr. Dawkins: Mr. Plummer withdraws his motion. We now have a...
i
Mayor Suarez: He has withdrawn his motion. He has made...
Mr. Dawkins: new motion.
{
Mayor Suarez: ... a new motion.
Mr. Dawkins: A second to the Mayor's motion.
a
Mayor Suarez: Yes. It has been moved and seconded.
Mr. Dawkins: It has been moved and seconded. Under discussion. Okay, now
this mean that we can build on the vacant lots and then relocate a person out
of house you are going to tear down, into that new house you just built?
i
Mr. Plummer: Exactly.
-
Mr. Dawkins: No, no, wait.
5
i
Mr. Bailey: Not exactly, Commissioner.
Mr. Dawkins: Yes, it will! Well, that is the general consensus of this
Commission.
3
Mr. Bailey: Well, you see, the housing that we are building, and you just
mentioned that, would be home ownership. A lot of it depends upon whether or
not person that is going to be relocated, had decided to move from the exist-
ing facility, which is probably in the Code as to whether or not they can
become home owners under the program that we put together. We are putting
together what we think is a rather aggressive program that will permit people
of low income to become home owners. There are no provisions for us to build
any public housing for which there is a guarantee that people can be moved
—
into. However, what happens when we go in, and start a process of relocation,
!
that person moves to the top of the list and gets any available housing tnat
is currently available within the county to move into. Otherwise, they would
i
never get a chance to move into any place.
Mr. Dawkins: Well, if we condemn his house, and tdkc it, that does not make
it an emergency for him to move into it?
Mr. Plummer: It puts him in the top of the list.
Mr. Bailey: Well, first of all, when we condemn...
Mr. Dawkins: Beg your pardon? Well, then, that puts the people that you just
displaced, at the bottom of the list!
Mr. Bailey: No, no it doesn't. When we go into a condemnation process, the
way we have been doing it since I have been here - no one is removed from
their house, unless there is another house for them to move into. No one nas
been removed through our process that did not have a house to move into, and
February 13, 1986
123
we have never, never, condemned the property, and moved a person from tndt
house, unless they have agreed to take the stipend to move, unless we have a
house to move them into, and they do automatically, because of public action,
go to the top of the list, and any available public housing, they get first
crack at.
Mr. Dawkins: Any further discussion on tnt Mayor's motion?
Mayor Suarez: It was really to your motion, I think, Commissioner Plummer.
Mr. Plummer: Just for the record, the total number of sites to be acquired in
Overtown, under this proposal, is 2 to 3 sites.
Mrs. Adker: Thdt is right, 3 sites.
Mr. Dawkins: No, 30.
Mr. Plummer: No, sir. 2 to sites to be acquired.
Mr. Dawkins: But, look, how many home site.....?
Mr. Plummer: 30.
Mr. Dawkins: In home sites?
Mr. Plummer: Yes. What I am saying is, sites to be acquired, only 2 or 3.
Mr. Dawkins: Well, that is because that is the money we took...
Mayor Suarez: With all due respect, you Commissioners have limited this plan
to the point that that is how many we are acquiring initially, but even that
is a start.
Mr. Dawkins: No, that is through the generosity of the public, brothers, when
they had the riots they burned everything down for you.
Mr. Plummer: Please, don't call that generosity.
Mayor Suarez: You have restricted it geographically, and restricted It
additionally down to 2 or 3 units, but it is a start.
Mr. Dawkins: Call the roll. No further discussion?
Mrs. Adker: It is not 2 or 3 units. That is 2 or 3 sites.
Mayor Suarez: I mean, 2 or 3 lots, I am sorry.
Mr. Plummer: Sites!
Mayor Suarez: Right. That is a good slam, anyhow, I mean.
Mr. Dawkins: Any further discussion?
Mr. Bailey: On Mrs. Adker's point, we have, and I would like to make it for
the record. We have met with St. John's, and they have indicated, that they
have a desire to develop on 2 of those sites, and we have indicated that at
time we go out for bids, and we have acquired the sites, they are now in
private ownership, and we cannot make any commitments until we acquire them,
that we will develop our in such a way that the nonprofit agencies at
St. John's will get a preference.
Mayor Suarez: That is a very commendable agency, from what we see. Commis-
sioner Dawkins and I have met with them recently, in fact.
Mrs. Adker: Well, wr wanted that on the record, because it makes our efforts
a little shaky to have to compete with the City. Who seemingly was vying for
the same sites. I hope that is on record.
Mayor Suarez: Yes, Ma'am.
124 February 13, 1986
Mr. Dawkins: Call the roll, Madam Clerk.
-' The following motion was introduced by Mayor Suarez, who moved its
j adoption:
r
MOTION NO. 86-127
i
A MOTION DIRECTING THE ADMINISTRATION NOT TO GO BEYOND
THE OVERTOWN AREA IN CONNECTION WITH THE ONGOING
SELECTION AND ACQUISITION OF SITES FOR CONSTRUCTION OF
SINGLE FAMILY HOMES FOR PURCHASE BY LOW AND MODERATE
INCOME FAMILIES; FURTHER DIRECTING THE ADMINISTRATION
TO PROCEED TO ACQUIRE UNOCCUPIED SITES, AND TO INI-
TIALLY RESTRICT OURSELVES TO THE ACQUISITION OF VACANT
SITES IN THE AREA OF OVERTOWN WHICH WOULD NOT DISPLACE
CITY RESIDENTS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Nona.
i...................................•........._..... ..
i
42. DEFER CONSIDERATION OF PROPOSED LEASE WITH CASINO ESPANOL FOR LAND IN
VIRGINIA KEY.
Mayor Suarez: Item 58. Casino Espanol's application. Do we hear first from
the applicant, the City, or...?
Mr. Odio: I will say that we have received the 2 appraisals. Do you want the
appraisals discussed?
Mayor Suarez: Why don't you tell us what the amounts are, at least?
Mr. Odio: I will.
Mr. Carollo: If I may, for the record, when they get in the appraisals...
Mayor Suarez: Yes, Commissioner.
Mr. Carollo: ... I'd like to find out several things to begin with. One, why
hasn't this gone through the normal process that has always been followed, of
going through the Wacerfront Board before we finally give an approval?
Secondly, there are some major environmental questions that Marilyn Reed has
brought out. Unfortunately, she is not here today, because she is in Talla-
hassee. You know, have those been answered? Last,• but not least, the park-
ing sicudtion, you know, what...
Mr. Al Armada: Good afternoon, my name is Al Armada, Property and Lease
Management for the City of Miami. Commissioner Carollo, basically, as far as
I can tell you, yes, we followed the process that is quite legal, and is
basically been based on the instructions of the Commission.
Mr. Odio: Why didn't it go to the Waterfront Board?
Mr. Carollo: That's not the question. We had a key member of the Waterfront
Board, here who said that this had not gone to the Waterfront Board. Has it,
or has it not?
125 February 13, 1986
Mr. Armada: I don't have any answer to thdt, sir. No, it has not gone before
the Waterfront Board.
Mr. Carollo: In the normal process, do all waterfront -related activities go
to the Waterfront Board.
Mr. Armada: I don't know that. I don't know if that is the case.
Mr. Odio: Ask the Law Department.
' Mr. Armada: Could we ask the Law Department's opinion on that? - I don't know
i
about that at all.
Mrs. Dougherty: It is not required, no.
i
Mr. Carollo: It is not required, we understand that, but it is one of the
normal processes that we always follow. Otherwise, why have a Waterfront
Board? The Mayor was right when he expressed that opinion.
Mr. Armada: If it is not required, I guess we never did follow that procedure
before on waterfront.
Mr. Carollo: It brings further proof to what I have been saying, that has
been tried to be pushed in such a quick way, unlike anything else before, tnat
I've seen, the way the whole R.F.P. came 'boom', and gone! It has only been
lately that it has been stalled and we have been asking questions.
Mr. Plummer: May I ask a question on the record? In two previous instances,
was it done on the Rowing Club, and on the Barge?
Mr. Odio: Well, the Miami Rowing Club was awarded before I was here back in
1974, I believe, to the Big Five Club first, and then it was turned over to
j the Miami Rowing Club. The American Barge Club did not go the Waterfront
{ Board.
1
Mr. Plummer: Well, I can tell you for the record that neither one of them
did.
Mr. Carollo: What is that, J. L.?
5
i
Mr. Plummer: Neither one of them, Joe. I was here in 1974.
Mr. Carollo: Well, why haven't they?
Mr. Plummer: Well Joe I don't think that it was felt that it was necessary
Y
at the time, and then I think also when the new Charter Amendment came in in
reference to waterfront leases, that superseded that any other procedure.
That procedure was, that the appraisals and the other things Mr. Armada can
speak to, that the City was better protected through that Charter Amendment
than they were through the Waterfront Board, but I will let the Administra-
tion speak to it.
e
t
Mr. Carollo: That is one point, but at the same time, we still nave basically
followed that process of sending everything to the Waterfront Board.
Mrs. Kennedy: I agree. You know, Commissioner Carollo, I was not here at
that time, and I don't know the reasons why it was not sent to the Waterfront
Board, but we are talking about a very environmentally fragile piece of
property, and we must make use make use of the boards that we, our resources.
Mr. Carollo: You are absolutely correct, Commissioner Kennedy. Not only
that, but here is a piece of property that is very sensitive, environmentally,
and we haven't even gotten any answers, or helped clear the air on the park-
ing situation there. It is only three-quarters of an acre from that they
presented. They are apparently going to have hundreds of people coming there
at different times. Where are they going to park the cars at?
Mr. Armada: Commissioner Carollo, the thing that is before you today is a
f lease agreement - as I said, a land lease agreement, basically, all concerns
about improvements on that site, parking lot requirements, setback require-
126 February 13, 1986
ments, any other permits and licenses that may be required to do anything in
terms of improvements on that site would have to go by virtue of the process
that I have written here into this lease agreement. It is a very tedious
process, in my opinion, of State, County, and City processes, whereby, those
issues of parking lot will be addressed, so that is written into the lease
agreement...
i Mr. Carollo: What we are trying to do, though, is put the horse in front of
i
the cart, not the cart before the horse, and some of these questions, are
legitimate questions that we should have answers for, before we finally give
approval or disapproval to this, or any item that is up, you know, for an
R.F.P.
Mr. Plummer: Mr. Armada, do I understand you correct, sir, that this lease
agreement, chat if they cannot meet the requirements that were set forth, and
the environmental, and all of that, and it could include, in fact, the Water-
front Board, that they really would have no lease, because this contains, I
think a 9 month start up. Is that correct?
Mr. Armada: 18 months, 18 months, sir.
Mr. Plummer: 18 months start-up, so if they were not able to resolve all of
the problems within 18 months, their lease would be null and void, is that
correct? So, the efforts of the Commission today is to approve a lease.
That starts the 18 months running. If they cannot satisfy all of the environ-
mental people of the State, the Waterfront Board, and all of that, then at the
end of 18 months, that lease is null and void, I am correct?
Mr. Armada: That is correct, sir. That is correct. That is the way the lease
agreement has been reached, yes, sir.
Mr. Plummer: All right, sir. Thank you.
Mr. Carollo: I certainly understand what you are saying, but what I am saying
is, that doesn't make any sense, in a none practical, logical business in the
City of Miami, it is like a major corporation, even though at times like this,
k
{
we are not running it like it, we will go out and give anything out for a
r
lease without finding out if the person can, or cannot do it even from the
beginning. And what we are saying is, these people have pushed forward - you
know, they claim to have so many boats, whatever, this guy is pushing us
forward, and maybe he is involved with certain media, and gee, I want to be
on the right side, so we are giving our land away, based on not what is right
for the City of Miami, but what fears we personally might have or what is
expedient politically, and this is what is killing the City, this is one of
the main reasons that our taxes are up to the way chat they are, because this
has been going on for just too long in this City of Miami.
Mrs. Kennedy: How about the appraisal that we asked for the last time?
j
Mr. olio: Yes, Ma'am. We have both appraisals here. I also want to say for
the record, we notified the Barge Club that they had 6 months - this was about
three weeks ago, to either come up with the permits for building there, or the
3
land will revert back to the City.
Mr. Carollo: See, this is another prime example: the Barge Club. That was
another prime example of rushing into something, pushing something, and there
+,
we are!
3
Mayor Suarez: Let me ask him a question that might resolve some of your
j
concerns, maybe not. Maybe it will complicate things; I hope it doesn't.
Have we ever considered, in connection with these leases, providing that we
have a reverter, that the City can take back the property...
Mr. Plummer: At any time!
Mr. odio: We can take the property back at any time, and pay for any improve-
ments that have been made to the property.
Mayor Suarez: But, can we make it so that the improvements that we pay are
r'. ' those that are not amortized up to that point, so that we would not have to
r
February 13, 1986
127
pay the full amount of the construction, just that amount that has not been
amortized up to that point?
Mr. odio: You can legislate anything you want into this issue.
Mr. Plummer: And more importantly, this Commission will determine what they
can build on that site. For example, they could noc go out and build a
1 $3,000,000 site, which we could never afford to pay back.
Mr. odio: That is Correct.
Mayor Suarez: In the event that there is a motion to accept this item, I will
ask for the change in the wording so that we clarify that it is the
unamortized Cost that we pay, the cost of construction, and not the entire
cost.
Mr. Carollo: Sure, but at the same that this Commission is willing to give
out a piece of land of this nature for $3,000 a year. It is obvious that this
Commission is noc going to stop them from building a structure that is going
to cost, you know, reasonable amount of dollars.
Mrs. Kennedy: I agree, I think that this motion should be deferred until we
can determine the environmental impact of a favorable decision.
Mayor Suarez: Before we vote, we are going to hear from...
Mr. Martinez: Thank you, I will wait until we get the floor.
Mayor Suarez: Go ahead, Counselor.
Mr. Ricardo Martinez: May it please the Commission, at least the majority of
the members of the Commission. My name is Ricardo Martinez and I have offices
at 4000 S.E. Financial Center. This is my first appearance on behalf of
Casino Espanol. I have with me Segundo Fernandez, former Deputy General
Counsel for the Department of Environmental Regulations of the State of
Florida, now at 2700 Blairstone Road, Tallahassee, Florida, who will be better
able than myself to address some of the environmental issues that will be
a presented at this meeting. Mr. Fernandez has made 5 different trips to
j address the Commission on this issue, so I hope that we can dispose of the
matter now, and not have to go to the expense of bringing him back another
i three or four times. This is the ninth time we are before the Commission.
The last time we...
I
Mayor Suarez: Did you say 9th time?
Mr. Martinez: 9th time...
Mayor Suarez: All time record!
a
Mr. Martinez:...Yes, sir. It was postponed 2 times.
' 1
Mrs. Kennedy: That was before our time.
!
Mayor Suarez: Yes, that is right, we can't get blamed for some of those.
Mr. Martinez: I agree, I quite agree. Now, the last meeting, we were left
with the rhetorical question from Commissioner Carollo to the effect whether
the City Commission was in a position to give away*a priceless piece of very
valuable bay side property to a special interest group for a nominal amount
j
and expenses. The answer is obviously no. The Commission now has a resolu-
tion before it., from a group of people who are very interested in developing
a small parcel, 30,000 square feet on a use that we think would bring a lot of
positive things to Miami, in the same vein that the Miami Rowing Club has done
bringing certain trophies to Miami and encouraged that type of competition.
This is not a private, small group of people trying to take over this small
seashore. Now, as to the value of the property, obviously, you have retained
2 professionals to provide you with an idea of the value of this particular
a
property, and they will render a report on that count. As to the provision
regarding the termination of -the lease, there is, as a point of clarification
to the Mayor a provision that the City retains the right to take back the
0
February 13, 1986
p,
128
�e'�
property with only 30 days notice•, upon payment of the documented costs of
j the improvements, amortized over a 15 year period, so that actually, every
year you would pay 1/15th less of what we actually paid for the improvements.
All improvements will, of course, be subject to the approval of every conceiv-
able board, including our State Board of Environmental Regulation, the L'.S.
Corps of Engineers, and everything else that has to do with this project. I
will give the floor now to Mr. .Ferndndaz, so that he can address the real
important issues here, which are the environmental issues...
i
Mayor Suarez: Whet is the contemplated cost of improvements, just so we know
what kind of money we might have to pay at some point, if we need to...
Mr. Martinez: We have preliminary plans at this stage. It is impossible for
us to present anything else until we get the lease approved. What Commission-
er Carollo is...
Mayor Suarez: What is the estimate of wndt you are going to spend? I've
heard $275,000.
Mr. Mdreinez: Something like that, but before...
Mayor Suarez: If we use the ... and I saw the wording, and my concern is
resolved on the undmortized portion of that cost. If we use a straight line,
which is in the lease, and by the way, I don't think it used to be in City
leases before, and that where we got stuck with some 30 year leases that we
couldn't get out of, after a few years, the amount will not be a large amount,
to get it back.
Mr. Martinez: Whdt Commissioner Carollo proposes is impossible for us to
comply with, in that we cannot go to the expense of providing full plans for a
proposed building on a site on which we don't even have a leasehold interest,
so, if we were to go his way we would have to go now and have all drehicectur-
al plans, and everything else ready, and then present it to the board, before
the board can make a decision as to whether to lease the property to us or
not. That is never done under the regular course of business, and it can't be
done now, so the logical procedure is, the lease is approved, we provide full
plans and specs, we go through all of these procedures, and tnen the whole
process takes care of itself.
Mr. Carollo: Sir, how much money do you all have in hand to construct any-
thing there?
Mr. Martinez: We have a small amount already, which I can find out for you
exactly and give you the figure, but we cannot go out and solicit new member-
ships until we have some project in mind, which is to be presenced.
Mr. Carollo: In other words, what you are telling me is that...
Mr. Martinez: Let me answer your question.
Mr. Carollo: You are expecting to raise money from this, after you get this
approved...
Mr. Martinez: Did you ask me a question? Can I answer your question?
Mr. Carollo: Well, I am trying...
Mr. Martinez: Can I gat an answer your question, now?
Mr. Carollo: Sir, I am just trying to clarify what you are trying to tell me.
Mr. Martinez: I will give you an answer if you give me two seconds.
Mr. Carollo: Well, I thought you gave me an answer. I just wanted to see if I
understood it.
Mr. Martinez: Let me get. you a figure.
Mrs. Kennedy: What is the question?
129 February 13, 1986
s
It
Mr. Plummer:
How much money do they have?
Mr. Martinez:
We now have $50,000 in an account, and $100,000
in an irrevoca-
ble letter of
credit.
Mr. Carollo:
So, you have $50,000 in an account...
Mr. Martinez:
And a letter of credit, that is $150,000.
Mr. Carollo: ...
and a letter of credit, okay. May I ask what
bank this $50,000
is in, and whom do you have the letter of credit from?
Mr. Martinez:
The account is at the Pan American Bank,
and the letter of
credit is drawn on... they are both at Pan American Bank.
Mr. Carollo:
Okay, have you given the letter of credit to
the City of Miami,
a copy of it?
Mr. Martinez:
Again, it is not an issue right now, I mean.
This is completely
irrelevant.
I don't think it has been requested. If it
is requested, we
will....
Mr. Carollo:
Sir, it might be irrelevant to you, but it is
not irrelevant to
us.
Mayor Suarez:
We will solve it without arguing whether it is relevant, or
not. Will you give it to the City?
Mr. Martinez:
Yes.
Mayor Suarez:
For us to look at? Thank you.
Mr. Martinez:
Yes.
Mr. Fernandez: If I could address just a couple of points. I am amazed to
hear this process described as a quick and dirty process, where we are trying
to get something pushed through the Commission. This is the 9th time tndt
this has been scheduled, or tentatively scheduled and cancelled, and my 5tn
time here. I've been coming down here for a year. I hope I don't make a
career out of it.
Mr. Carollo: Well, sir, once you are done, I am going to guarantee you I am
going to enlighten your mind as to the history of this.
Mr. Fernandez: Well, if I could make a couple of observations. One, I would
like to address Commissioner Kennedy and her concerns for the environmental
questions of this property. A memo was written on March 6, 1985 from Mr.
Carlos Garcia to Mr. Randolph Rosencrantz, in which it was reflected that the
piece of property in question does not encroach upon the mangrove preserve.
Okay? Now, this one little piece of property, and the reason why it may be
shaped so funny, as the way it is, is because the dimensions and the configu-
ration of the property was specifically looked at to avoid the mangrove
preserve. Now, what we are doing here is only the beginning of d long pro-
cess. The Commission, in approving the lease, is not going to be approving
any specific construction; it is not going to be approving any specific
improvements. It is not waiving the applicability of any other federal,
state, or local law that would apply to whatever goes on. in that property.
The first question I think you need to ask yourielf is, is this lease a
document that was developed pursuant to the process mandated by City require-
ments. We submit to you that it is. We are not talking about any structure
on this property. We are not talking about the Commission waiving any re-
quirements.for anything that goes on this property. Just on the environmental
safeguards, any development here may have to get approval from the U. S. Corps
of Engineers, the State D.E.R., conceivable the State D.N.R., from the County
D.E.R.M., and from.the City. Okay, so we are not even looking at the environ-
mental issues here, and this is the improper time to even look at the environ-
mental issues. This. only allows us to go forward. If I could refer also,
Commissioner Kennedy, to some concerns you might have nad about, so at least
that Commissioner Carollo had -about the Waterfront Board, there is a specific
requirement in the Request for Proposal that every board with jurisdiction
over anything that goes on this property, will review the same before any
construction is made, so before the first shovelful of dirt is turned, every
130 February 13, 1986
board, the WaLerfronL Board, the Planning Board, the County D.E.R.M. if they
have to, all of the state agencies will have to review everything within their
jurisdiction. So the question here is simply, does this lease represenL the
end product of a valid process under the City of Miami requirements for
leasing of property. That is the only question before you here. Now, I think
it is curious, that on the one hand, we hear from Commissioner Carollo about
the extremely sensitive environmental nature of this piece of property, and
yet, in the same breath, we hear another commentary about how he would like to
see a Marina Del Rey - type development here. The two, to me, seem incompatl-
ble. You are not going to be able, under present state regulations to put in
a Marind Del Rey in that water body. You have got state outstanding Florid
water requirements, you have got the coastal construction matters from the
State Department of D.N.R., you know which apply to projects such as tnis.
This project represents a minimal type development with the least possible
impact. Granted, all of those will be addressed later, buL let's move forward
and put an end to this continuing consideration by the Commission, and defer-
ral and continuation and deferral, when the question before you is really very
simple. Have the leasing requirements of Lhe City of Miami been complied with?
This lease has already been approved in principle, and Lhat is the only
question for you.
Mr. Carollo: Sir, what is your home address for the record?
Mr. Fernandez: I believe my....., well...
Mr. Carollo: Home address, not business address.
Mr. Fernandez: Oh, my home address? 702 Lothian Drive, Tallahassee, Florida,
sir.
Mr. Carollo: So, you don't live in the City of Miami?
Mr. Fernandez: No, I don't, sir.
Mr. Carollo: Okay, I just want to hear this for the record. Now, sir, you
are the son of the president of the Casino Espanol, correct?
Mr. Fernandez: That is irrelevant, but that's correct.
Mr. Carollo: Well, no, I think that is very relevant, because that will show
you that you have a very strong bias, and not necessarily what you might
say...
Mayor Suarez: I'm sorry, what is your capacity with Casino Espanol?
Mr. Martinez: I am the attorney for the Casino, co -counsel.
Mr. Carollo: Yes, he is the attorney, and also the son of the president of
the Casino Espanol.
Mayor Suarez: Son of the president? I jusL missed that.
Mr. Martinez: I submit to you, a lawyer has a very strong bias always on
behalf of his client.
Mr. Carollo: I am sure, particularly when the relationship is that close.
There is nothing wrong with it, but I just think it should be placed on the
record. I believe Commissioner Kennedy has stated, and if it is placed in Lhe
form of a motion, I would second it, if you would like to defer this item.
Mrs. Kennedy: Yes, because you see, and I haven't talked much today, I have a
tremendous sore throat, but everybody here knows how I feel about bay side
property, especially for private use, and I don't see how we can make any
decisions without going through the regulatory agencies.
Mr. Fernandez: Well, if I can address that. You can't...
Mayor Suarez: I think what he is saying is you can't even go before the
regulatory agencies, unless you have some kind of an interest in that proper-
ty.
Mr. Fernandez:... you can't even go before the regulatory agencies... exactly!
131 February 13, 1986
Mayor Suarez: Unless the City would initiate it, which would be the other
way, I suppose.
Mr. Carollo: I also understood from the previous gentlemen who spoke, that
one of the things that they are hoping to accomplish, but they can't accom-
plish it, unless we give them the lease, is to get new members to give money
for this project.
Mr. Martinez: That is not ... you are misquoting it. We are waiting to...
Mr. Carollo: No, sir, the record is there, and I could have the Clerk play it
back.
Mr. Martinez: Let me explain that to you. We have now a group of people who
are very interested in creating what we think is a good project, both for the
City of Miami, and for ourselves. And anybody else that wants to participate.
We actually go out and solicit people who are not already interested, who
would like to have a firm basis as to what it is that we are going to do for
them and for the City of Miami.
Mr. Carollo: Now, every time that I have heard this come up here, the several
times that it has, I can't help but to start thinking about the movie, "Gone
With The Wind". Do you all remember that movie? ... how beautiful Tarn was
with the big white pillars, and the very exclusive society? Well, those days,
sir, are gone with the wind. It doesn't exist any more, and what I recommend,
in all frankness, is that if you all want a very exclusive club, then you do
what other bonafide clubs have done, like the Big Five Club, that have gone
out with their own money, and they bought land, not coming over, trying to get
a free ride from the taxpayers of the City of Miami.
Mr. Martinez: We are not trying to get a free ride. We are willing to pay
what the City has negotiated for months with us.
Mr. Carollo: No, sir - how this process came about from the beginning - this
process came about, sir, if you will recall, in a very different way. This
Commission didn't all of a sudden decide to cut up a triangle and put it out
for an R.F.P. for a bid. Did this Commission all of a sudden ... did any
member of this Commission all of a sudden come up with the idea that we wanted
to get a piece of land over there, and make a triangle out of it, and put it
out for a bid?
Mr. Martinez: Are you asking us to opine as to the Commission! Ask the
Commission!
Mr. Carollo: No, no, I am asking you, how did this whole process come out?
This whole process came about because individual members - individual members
of your organization came to members of this Commission, demanding that some
land will be found for them, end they wanted land right over there, for their
private club.
Mr. Martinez: Demanding, or requesting? I think that any citizen hds the
right, under our constitution to petition his government, and that is exactly
what we have done.
Mr. Carollo: Well, sir, absolutely, but every individual who sits here has a
right to recollect how things happened.
Mr. Martinez: You have the right to exercise that.
Mayor Suarez: Let's not engage in an argument back and forth. Why don't you
go ahead and make your statement, Commissioner.
Mr. Carollo: I call the question.
Mayor Suarez: That is exactly what I was hoping would happen at this point.
What is the pending motion? I forgot.
Mr. Carollo: The pending motion is a motion for deferral.
Mrs. Kennedy: Deferral.
132 February 13, 1986
0 #1
Mayor Suarez: A motion for deferral. It nas been moved and seconded. Just
to briefly state my view, I mean, after 9 times that they have requested this
item to be considered or on the agenda ... I, myself, have made sure it is on
the agenda a couple of times, and we have complied with all the requirements.
Respectfully, Commissioner Kennedy, I am not sure that deferring it accom-
plishes anything, frankly, so I at going to vote against it, but, any other
further discussion from the Commission?
Mr. Dawkins: It has always been the policy to defer at least one
time....(END OF STATEMENT UNINTELIGIBLE).
Mayor Suarez: We have a motion. It has been seconded. Any further discus-
sion from the Commission? Are you going to say something?
Mr. Plummer: Yes, I am going to stutter for the loth time. Well, it is
obvious then, that it is going to be deferred.
Mr. Martinez: Could I, for my own personal enlightenment, ask...
Mayor Suarez: You can't vote.
Mr. Martinez: I know that. I know that. I wish I could!
Mr. Plummer: Let me explain to you, since it is your first time here. There
is an unwritten rule, that a Commissioner has always been afforded the oppor-
tunity to defer. Now, I want to tell you, without telling you, which is a
pretty well known factor which way I am going to vote, I am ready, and I am
going to vote for the project to approve the land lease, whether it is today,
or next month, or when it comes back again. I am in favor of it, okay, to
start the time clock running, I am in favor of it. I want you to understand,
because Commissioner Kennedy has asked for it to be deferred, and if especial-
ly there is three votes already in favor of that, I am going to vote for the
deferment.
Mr. Dawkins: Oh, you have got tea leaves now, huh?
Mr. Plummer: Tiny little tea leaves!
Mr. Martinez: I was hoping that I could perhaps persuade Commissioner
Kennedy to change her mind like she did before a couple of times, so that it
was my last ditch effort.
Mrs. Kennedy: No, I am very distressed to see that the City's public bay side
line is being parceled out to private companies. I am sorry, that is the way
I stand, and I...
Mayor Suarez: Okay, we have a motion. It has been seconded.
Mr. Dawkins: And I am sure that like J. L., says, I don't have no tea cup,
but I rim sure there are three votes here for the project, but...
Mr. Plummer: Mr. Mayor, there are two things in a continuance, or a defer-
ment - asking the maker of the motion for those two items. One, for a date
certain and a time certain, and the second reason for the deferment, if it is
for further information, put on the record, what is that further information
that is being requested.
Mayor Suarez: Are you really asking for it co be deferred, or have you made
up your mind, Commissioner, because if...
Mrs. Kennedy: Well, I had asked for the deferment...
Mr. Plummer: That's her choice.
Mayor Suarez: I understand. It is for my information, because I am going to
vote against it, unless I get a good reason why it is being deferred.
Mrs. Kennedy: Let me state I had asked for the deferment to get some more
information from the D.E.R. and the County D.E.R.M., etc., which now, you have
explained that you just ... you can't do it, right?
133 February 13, 1986
Mr. Martinez: Can I just underline that you have 30 ddys
cost? In other words, if you now approve the lease, and
you come to some information which you think is negative,
giving us notice, cancel the lease, and that way we don'
before you without paying us anything at all.
Mr. Plummer: A smart man knows when to be quiet.
to terminate without
in the next 30 days
you cannot just by
t have to come again
Mayor Suarez: We have a motion. Are your withdrawing your motion, or keeping
your motion alive? We have motion. It has been seconded. Hearing no further
discussion from the Commissioners, please call the roll.
MOTION TO DEFER:
UPON MOTION DULY MADE AND SECONDED, THTS
ITEM WAS DEFERRED TO MARCH 13TH MEETING
BY FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: My mind is made up at this point, unless ocher information is
brought forward that I don't know about. I am voting for the project, but out
of courtesy to my colleague, I am voting for the deferral.
Mayor Suarez: At the risk of sounding discourteous, I am voting "no" on the
motion to defer. I am not convinced that we need to find any more informa-
tion, so I will vote "no".
Mr..Carollo: Point of information from the City Attorney. Madam City Attor-
ney, I would like for you to give me a legal opinion on the following, and
that is, when you have a situation like this, that you have only had one bid
from only one entity, and particularly something that has been moved through
the R.F.P. process super quick, and it was the idea that was created not from
_
the Administration, or the Commission, but from a special interest group that
brought this request to the Commission, if before there is a final vote in the
matter, the Commission is made aware of that that there are other entities
that would like to request for the whole process to be opened up, because they
are willing to pay much more, including, over 400 percent, or 500 percent more
than this one entity is offering, and if the Commission is made aware of this,
if there any malfeasance or misfeasance on the part. of the members of the
Commission that would insist in voting for a lease that would pay $3,000, if
we could get much more from another entity, and the difference that I am
1
making from this case to any others, is that there was only one bid on this,
and the way that it was pushed about super quick for the R.F.P. If you come
back to me with an answer on that later on in the week, or the following, I
would appreciate it.
µ
Me. Dougherty: I'll be happy to do so.
Mr. Carollo: Thank you.
Mayor Suarez: The time certain will be the next meeting. Will that give you
enough time? We don't have to specify the time certain. It will be the next
meeting on the agenda.
'1
Mr. Od1o: It is going to be March 13th.
Mr. Plummer: No, 27th of February.
Mr. Carollo; Regular Commission meeting.
Mayor Sudraz: No, February 27th.
February 13, 1986
re 134
a a
0
Mrs. Kennedy: Every two weeks?
Mr. Odio: Well, we are having a Planning and Zoning meeting thaL day, and we
are trying to avoid setting regular agenda items on that.
Mayor Suarez: We have been taking a lot of items on the Planning and Zoning
agenda, so ... and these people have been waiting a long time.
Mr. Martinez: Could I respectfully plead for a time certain so that we can
all be here.
Mr. Plummer: The maker of the motion...
Mrs. Kennedy: That is fine with me, March 13th.
Mayor Suarez: Commissioner Plummer suggests that we have a time certain, and
the other maker of the motion, Commissioner Kennedy, do you want to specify
the time?
Mrs. Kennedy: Whac is the date, Mr. Odio, March 13th?
Mr. Odio: Did you decide...?
Mayor Suarez: The time and the date.
Mr. Odio: I prefer to do it on March 13th, because what we are trying to do
is set the Planning and Zoning meetings for the afternoons, so that we don't
have to spend the whole day here.
Mr. Carollo: That is appropriate then. I see no problem with it.
Mayor Suarez: You are the maker of the motion, Commissioner.
Mrs. Kennedy: Let's say 9:00 o'clock a.m.? Take it right up front, so you
don't have to wait since you have been coming here so many times.
Mayor Suarez: Take it as the first item of the day. Tnank you.
43. MANAGER TO APPEAR BEFORE METRO COMMISSION TO URGE THEIR SUPPORT OF THIS
CITY'S EFFORT TO ASSIST ELDERLY WITH THEIR NEED OF SAFETY b SECURITY Ih
PUBLIC HOUSING.
Mayor Suarez: Item 93, Dade County Overall Tenants Advisory Council.
Dr. LaVerne Noelte: Mr. Mayor, and Commissioners, I am Dr. LaVerne Noelte. I
live at Martin Fine Villas, 1301 N. W. 7th Street. I am Service Chairman of
the O.T.A.C., City Housing Task Force. In the interest of time...
Mayor Suarez: You are speaking on behalf of the whole group, I hope?
Dr. Noelte: I am going to defer to Mr. Vega, who has requested to speak that
this time. I will give him my time.
Mr. Enrique Vega: Good afternoon. My name is Enrique Vega, and I am one of
the members of the Executive Committee of Overall Tenants Advisory Council.
Honorable Xavier Suarez, Mayor; Miller Dawkins, Vice -Mayor; Commissioners Joe
Carollo, J. L. Plummer and Rosario Kennedy. We thank all of the Commissioners
for allowing us to fight crime and get better safety and security conditions
in public housing for low income people, with your help within the City. Tne
grant given to O.T.A.C, sembers on March 21, 1985 for our needs in the project
located within the limits of the City of Miami were welcomed by our tenants,
and all of them. The amount is $250,000, matched already by the County for
safety and security purposes and agreed by O.T.A.C. Housing Task Force, and by
the Board. Ic showed to all of our people tnat you care for us. Thanks
again, Commissioners. Now, we nave two new faces. Both are workers - the
Mayor and Commissioner Kennedy, and because we know the previous Commission-
ers and the new members also, we are sure that we are going to have tnen
V
135 February 13, 1986
W
a a
unanimous vote to make the residents of public housing to live without fear
and in better health. We need your whole support in what the Commission
accepted almost a year ago, and by this time, all of our projects, all of our
residents should be living better, but let us finish this here today. We
need your help. We need your money. We are going to check on how the money
is spent, and if we could waive the bidding procedure, it will be faster, and
also the priers will not be increased as usual in this costly system. Thanks
also for approving the 28 communication center, tied to the police headquar-
ters. Soon, we will start being trained. Thanks to Commissioner Carollo and
Mayor Suarez and to all of you, because the Miami Police Department is doing d
fine, very good job, watching better our places now. God bless you all, and
continue doing good to all of the people in the City.
Mayor Suarez: Is this connected to another item, while we ... or is that just
an idea of mine?
Mr. Frdnk Castanedd: Let me explain. I think that we can come out faster.
Mayor Suarez: Yes.
Mr. Castaneda: We allocated $250,000 out of the Community Development Block
Grant Program, you know, for exactly what they are talking about. Let me
refresh your memory. It was discussed on March 21, 1985, and basically, what
we discussed, was that we would match, with $250,000, of Community Development
Block Grant funds, if the County would match it as well what is happening is,
that the County is changing their definition of security improvements for
their match. They are saying that items like replacing electric wiring is d
security improvement. If you recall this under discussion, we were talking
about muggings and life being threatened.....
Mr. Carollo: Exactly. Law enforcement related security.
Mr. Castanedd: That is correct. So basically the County is not providing a
match, and they are using their funds that they have allocated for regular
maintenance as the match.
Mr. Plummer: And do you know what is even funnier ... it is not funny, it is
pathetic, is the fact that there no was no obligation on behalf of the City.
That is a H.U.D. agency. They should have assumed the full responsibility for
the safety and protection of those people in their units, and yet, out of the
kindness of this Commission, and the concern, we put up $250,000, if they
matched it, and here they are, using it for wiring..?
Mr. Dawkins: And fixing roofs? What else? Where they fixing roofs?
Mr. Castaneda: Termite eaten floors, bulk heading along the Miami River,
these are security improvements.
Mayor Suarez: Look, wait, wait. The whole distinction hinges on the differ-
ence between security and safety, and I asked, and I know that we don't want
to be bailing out the county unnecessarily, but there are a bunch of people
that need this to be done, and what difference does it all make? I mean, if
the county has limited resources to do all of this, as far as ...
Mr. Dawkins: We have limited resources too!
Mr. Carollo: Tremendous amount of difference, Mr. Mayor.
Mayor Suarez:... But we are cooperating in the fixing up of these units.
Mr. Dawkins: No.
Mayor Suarez: Commissioner, wait, wait. I am asking our Director of Commu-
nity Development this question, which I am concerned about.
Mr. Castaneda: No, Mayor, and Commissioners, the distinction is...
Mayor Suarez: Are you concerned about bailing out the county, is that what
you are concerned about?
Mr. Castaneda: Well, let me explain, basically it is that when they came over
here, they implied... no, they didn't imply, they promised that they would
136 February 13, 1986
match the security improvements... we have the Minutes here... the whole
discussion was about muggings and the lack of safety at this units, but
basically, what they are doing is, they are saying that they are using... they
are making as a match their responsibility, they have the responsibility to
maintain public housing in safe, sanitary conditions.
Mr. Carollo: Well, it is all their responsibility to begin with, but what
they are doing is, they are going against their word, and monies that they
were going to expend anyway in those other improvements that they had to,
because there is no way that they can stop, and not spend them - they are
saying now, that that is their share, and therefore, they should not go and
spend the $250,000 that they promised for security, law enforcement type of
spending.
Mayor Suarez: Can we... everyone wants to talk on ►.his issue, but we've got a
lot of items here. Commissioner, do you want to say something, and we will
let...
Mrs. Kennedy: Yes. I just realized Mr. Mel Adams is standing there. I
wanted to hear his side.
Mr. Mel Adams: I think when the Commission discussed this last March, you had
the impression... I was not here, but the impression clearly that the county
money would be used for police, safety, and security.
Mr. Plummer: Exactly!
Mr. Carollo: Not, the impression. It was made very clear to us at the time,
that that is what it is going to be used for - no impression! An impression
is when you think something is going be done, or when you dream something, you
know, when you misunderstanding something. We did not misunderstand it. It
was made very clear to us that that was what that money was going to be spent
for, that is why the City of Miami put in another $250,000.
Mr. Adams: Well...
Mayor Suarez: There is a distinct impression that you are bring let oft the
hook if we approve this. Why is that? I don't get it.
Mr. Adams: Thdt is not true, but I was not here, so conditions are a heck of
a lot different today than they were a year ago. We are faced in the present
budget with the total elimination of money to renovate public housing. The
money we are talking about using is not part of our operating budget. It is
capital monies that the county is going to put in, that the Feds ought to
fund, but they are not funding.
Mr. Carollo: Do you think it is any different for us, Mr. Adams? We promised
that money at the same time that you all did, but we are keeping our word.
Conditions aren't any worse for us than they should be for you.
Mr. Adams: Well, it was never my... I was not at the meeting. I never made
any statements. I think what I am saying is that we had negotiations with the
tenants, over what our money, and what the City's money should be spent for.
We invited... the tenants invited City representatives to attend. They didn't
attend. There is no way that I can come up with money to do other than what I
have in there, and it is your decision today whether you want to fund or not
fund.
Mr. Carollo:
Madam City Attorney! Well, Madam isn't here. - Mr. City Attor-
ney, we need
some advice from you. Based upon the promise, the word that was
given to us
by the representative that was here back in March, that, and
speaking, I
would imagine, for Mr. Adams, gave their word that they would
match our funds for strictly security police - type spending, can we construe
that to have
been a verbal contract, and if so, what can the City of Miami do,
to take legal
action against H.U.D., to force them to pay ... or should I say,
force them to
spend that money, in the fashion that they said they would; that
is number one. Number two, if we could help these people that live there, by
trying to see if there is any possible course of legal action that they can
take against
H.U.D. to force them to spend wndtever monies they have, in the
fashion that
they instruct them to; and last, but not least, what legal course
over all can
the City of Miami take against H.U.D. itself, since these are
residents that
live within the City of Miami boundaries, and are not receiving
A
the help that
they so require for where they are living at.
February 13, 1986
137
F
a a
Mr. Plummer: Commissioner Carollo, can I bring to your attention...
Mr. Carollo: Sir, you are not the attorney.
Mr. Plummer: No, no, I am not answering those questions!
Mr. Carollo: Let me hear from the...
i
Mayor Suarez: Commissioner Carollo, we are going to let Commissioner Plummer
speak, sir.
Mr. Plummer: I am sorry, I didn't know the answers were forthcoming immedi-
ately. I will wait.
Mr. Carollo: Is there any additional answer, or clarification that you need,
Bob?
Mr. Bob Clark: No, I feel that the Commission should be aware of the fact that
when you allocated the money, you did it on a contingency basis, with matching
funds by Dade County. Apparently, we have not distributed the money, and the
county has not indicated, as Mr. Adams has confirmed that, that they do not
intend to make that match. Now, if you have not yet allocated the money,
there has been no damage or jeopardy to the City, and the City should well
reconsider whether or not they want to reaffirm the allocation in light of the
fact that the match has not been met. With respect to the other two questions,
those tenants are probably doing right now, at this level, what they deem
necessary and prudent. They are raising all the protests, the measures that
they can, they will probably go to the County Commission, and should go to the
County Commission, and there is always the courts. As far as the City is
concerned...
Mr. Carollo: Well, that is what I am asking ... what...if you could research,
it's and you are not going to be able to do it now, obviously...
Mayor Suarez: Commissioner, he was about to tell you, as far as the City is
concerned...
Mr. Carollo: Well, Mr. Mayor, I am talking to the City Attorney. You know,
if you were the City Attorney, I would talk to you. Now, if I could finish
talking to him, then go ahead and explain some things.
_ Mayor Suarez: You didn't let him finish. He was going to tell you, as far as
the City is concerned...
Mr. Carollo: No, no, he was finished for what I wanted to hear. Now, you
made a statement that they have the courts available to them. Bob, that is
exactly what I mean. I know that is one of the avenues that they have avail-
able to them. What I would like for you to study - you can't do it now, I
understand that. Take whatever time you need. Is if that legal course is
available to them, what legal avenues do they have to make the best case they
possibly can in a court of law? In other words, what I am asking is, for the
Law Department to help them legally, without going to court ourselves, unless
possibly that might be another option that we might want to study lacer.
Dr. Nolte: Mr. Commissioner, will you bear in mind, and consider the fact
that the $250,000, which we show to be spent from your money, has the approval
of the staff - of the City Manager's office.
Mr. Carollo: No, we know that, it had their approval, and it had our approv-
al.
Dr. Nolte: That's right.
Mr. Carollo: What we are talking about is, what happened to the other
$250,000 that the county is going to give?
Mr. Plummer: It is called a Christmas gift, one more time, from the county.
Mr. Carollo: I can just see the answers.
�7
138 February 13, 1986
Mr. Plummer: To me it is a simple answer, all right? It is a simple answer
that every bill that they use for law enforcement, or security purposes, they
surrender, and we pay half of it. Put the monkey on their back! The monkey
is theirs from the beginning. They have the right and obligation to provide
1 safe housing! That is H.U.D.'s responsibility, and if they don't provide
that, and one of these people are hurt, then they have an obligation to sue
H.U.D. for providing inadequate and unsafe housing - not to this City. This
City is not obligated to that. Now, if we go into our own housing authority,
then we have got to assume the full obligation, but what I am saying is, it is
a very simple thing in my estimation. For every bill that the county incurs
in these units, they surrender to us, and we pay half, not to exceed $250,000.
That is very simple!
Dr. Nolte: And we came and asked you for tnat amount, as I say. You agreed to
it. We did make them up...
Mr. Plummer: Do we have any bills that...
Dr. Nolte: So you are just leaving the people,... you are not going to be
hurt. H.U.D. is not going to be hurt, but the tenants and taxpayers of tnc
City of Miami are going to be.
Mr. Plummer: Excuse me. How much has the County expended for security?
Dr. Nolte: $341.
Mr. Plummer: May I see the list of what those monies went for?
Mr. Carollo: $341, or $341,000?
Dr. Nolte: $341,000.
Mr. Carollo: See, but these are, J. L., I am sure, the normal expenditures
that they make - that they have to make, the minimal.
Mr. Plummer: Let me give you an idea of what the County considers security,
and I think this is where the problem is. The county says to protect their
citizens in their place, they replaced termite damaged flooring. The ter-
mites are bandits, I guess. "Reconstruct porch roofs, where hazards exist".
"Install new electric wiring, where hazardous conditions exist." That is
$190,000! "Replace the damaged sections of bulkheading along the Miami
River." Great security item! Keep the cocaine boats from not coming in, I
guess! I don't know what else. "Reconstruct outside corridor floor slabs."
They do, in all nonesty, they do have some items here that do address the
security, that could be. "Install steel picket chain link fence." I don't
know if this is the improvements done, or could be done, but these are the
kind of items that the County considers to be high security.
Mrs. Kennedy: Commissioner Plummer, I understand what you are saying, but on
that specific thing that you mentioned, the electric wiring, if their wiring
is from the 1920's, or whatever, you know, where do you draw the line between
security and safety.
Mr. Plummer: Security is very simple, and that is law enforcement.
Ms. Laddie Hines: Commissioner, may I have something to say, please? Honor-
able Mayor, fellow Commissioners. My name is Laddie Hines from Liberty
Square. We are talking about safety, security, and health. Mr. Adams came
into the and discussed this with us, and we all had a
meeting. We are looking at the safely department, and the security. Now, if
we look back at some of these things, true enough! What you are saying the
floors, the doors, and all of these things, but they all are hazardous! And
they are safety measures. We 'stave a lot of senior citizens that have places
that need to be. fixed, even the other families, and what we are talking about
now, is safety, security, and health problems. I understand what you are
saying.
Mr. Plummer: The bulkhead on the Miami River? I find that even to the
stretches of my imagination, how chat bulkhead on the Miami River protects a
i citizen in housing! I'm sorry!
139
February 13, 1986
1 �
j
1 Mr. Carollo: Well, on the contrary, what it might do, is make it real smootn
for somebody to come in a boat, to jump in there!
um:
r
Mayor Suarez: Well, but it might also do the opposite. We don't know that.
I mean, it might very well prevent people from falling into the river. I
mean...
Ms. Hines: Take your time, and come out and look at that . If you are that
much concerned. But, if you would waive the restraints between, you know,
the matching dollars, I think you would be doing us a very good favor today,
because this is a most needed project ... this money is needed.
Mr. Plummer: Excuse, let's understand each other. This, which the gentleman
provided to me is the project for which they intended to use City money,
according to this.
Ms. Hines: County money.
Mr. Plummer: No, no, no, I am sorry. It is very clearly titled - "County
funded improvements, City of Miami projects".
Mayor Suarez: Yes, they were within the City, I presume.
Mr. Vega: Commissioner Plummer, may I... let me clarify one thing here.
Where it refers to the forks in the Miami River, yes, this is a walk to
protect the lives of the elderly people that live there, and none naving any
other way to fund it with the cuts that H.U.D. had been receiving and it's
going to recieve 30 percent more. Well, they had a way to use that money. As
you can see, there is more than $250,000.
Mr. Plummer: Yes, sir, I see that.
Mr. Vega: Yes, they provide a little more so that they could do something
else.
Mr. Plummer: But sir, what I am saying, and understand tneir agreement with
this Commission, this Commission was to provide $250,000 of security and law
enforcement for these housing units, as long as there was a matching grant
from the County doing the same! That is not here, sir. The County is provid-
ing bulkheading, and all of the rest of these things as their matching grant.
Show me where. they are providing money for security. And coming from an
original point, that this City is not obligated to fulfill the obligations of
H.U.D.! That is their obligation!
Mayor Suarez: Go ahead, Laddie, do you want to say something?
Ms. Hines: Go ahead.
Mayor Suarez: Let's go ahead and bring this to a conclusion.
Mr. Plummer: Look, as far as I am concerned, you need to go to the county.
You've got our money. You've got our money.
Dr. Nolte: No, we don't. We don't have your money. We are still waiting!
Mr. Plummer: Yes, you will. You will have our money the minute that you get
the County to live up to their obligation.
Dr. Nolte: Commissioner, we have been a whole year. We have invited the
City Manager's office to our meetings, they have never come until finally, one
year later, they are raising their objections.
Mr. Carollo: Madam, I'm sorry, the City Manager went to several locations. I
know for instance, one time he went to Robert King High. I was there when he
came. Now, I have to say chat for the record.
Dr. Nolte: Not to my meeting, not to a City Task Force meeting.
Mr. Plummer: May I inquire, have you been to the County Commission?
Dr. Nolte: No, we have to finish yours first. You have advisad us...
140
February 13, 1986
i Mr. Plummer: That's where the problem is. Ma'am, we have made an obligation
of $250,000. Go tell the County they haven't matched it!
Mr. Carollo: Ma'am, you know what I would do, if I were you? I would do what
Commissioner Plummer is telling you, but take it one step further. You know.
You can use... and if need be I will make a resolution now, giving permission
to the City Attorney's office to do that, find out what legal alternatives
you have, and if need be, you sue H.U.D., you sue the County, you sue Mr.
Adams, or whoever you have to, and I will guarantee you, once you start doing
that, you are going to see a different tune from them.
Dr. Nolte: Mr. Carollo...
Mayor Suarez: Before you engage... Ldddie, because we are going to bring this
to a close.
Ms. Hines: Okay.
Mayor Suarez: Let me tell you the motion I am going to make, and I pass the
gavel to Vice -Mayor Dawkins. I will move that we waive the restrictions that
it be only for security, however that has been interpreted up to now, and to
include any items, such as the ones that you are proposing, need to be done.
And, I will also put into my motion that, and it really does not have to be a
motion, but just so you know it is something that we intend to do, that we
have a plenary session of this Commission, probably the month of March, when
we bring my good friend Mr. Adams here, hopefully voluntarily... I am sure he
will come, and examine exactly all the expenditures made by the County with
Federal monies that are supposed to be for the maintenance items that everyone
here seems to be very concerned about, but I don't see any point in arguing
that, because a prior resolution of this Commission was on a matching fund
basis, and because the county has diverted some of the funds for different
uses, that we really have any problem with that. I just don't see that we do.
I frankly feel that this is a great need. You have defined the need. We have
got monies from Community Development. As it turns out in my...
Mr. Carollo: Is there a second to that motion? Otherwise, you know, we are
really...
Mayor Suarez: Commissioner, I am making my motion, and I want to complete
what I am saying.
Mr. Carollo: Sir, you are making a speech, which is what you accused me of on
other occasions.
Mayor Suarez: Your speeches arc substantially lengthier than mine, I assure
you.
Mr. Carollo: If you are going to make a motion, make a motion. After a
second, and then make your speech!
Mayor Suarez: My speeches arc very brief, and this is frankly something that
I always thought the City should do, which is to be concerned about maince-
nance of all the H.U.D. units that are within the City of Miami. I don't see
the fact that we have another jurisdiction really impedes that in any way, so
I am making that motion. I'll let you know, really it is only a one part
motion. The second part, I will carry out in any event, which is to have a
spacial Commission session at some point, particularly if the motion carries,
that we investigate how the County has been spending its monies.
Mr. Dawkins: Is there a second to the Mayor's motion?
Mr. Vega: Oh...
Mr. Dawkins: You are out of order, sir.
Mr. Carollo: There is a motion. Is there a second?
Mr. Dawkins: Is there a second, twice? Is there a second, three times?
Motion dies for lack of a second.
1 Mr. Plummer: I will make a motion at this time, that the Administration go
to the County Commission, prevail upon the County Commission that this City
ry 141
February 13, 1986
has made available $250,000 Lo assist and aid in the security of their obliga-
tion for safe housing; that it has been done on a matching grant, and that
this City stands ready, willing and able to expend the amount of $250,000 for
those items of security and safety of the inhabitants of those buildings
located in the City of Miami, and urge the Metro Commission to show the same
concern as this City has done for the past year. I move that in the form of a
motion.
Mr. Carollo: I second that motion.
Mrs. Kennedy: Second.
Mayor Suarez: OK, now under discussion, you said security and safety? You
want to include all those other items that are not strictly security?
Mr. Plummer: Security and safety. Now, I am not saying bulkhead is safety.
I am saying ... let me then clarify it - security, OK? Security - why are we
having to break things down today to the nth degree?
Mayor Suarez: I would like you to keep security aspects...
Mr. Carollo: Wait a minute, I am the only guy that is an expert in security
on this Commission.
Mr. Plummer: Fine! Give me an expert opinion.
Mr. Carollo: He sticks to the law, you stick to burying people. I am tnc
experL on security!
Mayor Suarez: Do you want to change that?
Mr. Plummer: Yes, I bury the security guards that goof up!
Mayor Suarez: Do you want to change your motion to take out safety, or do you
want to keep it at security?
Mr. Plummer: Mr. Mayor, I relate safety to personal individual safety. I am
not talking about bulkheads, and this thing speaks to traffic barriers.
Mrs. Kennedy: Electrical wiring...
Mr. Plummer: Excuse me. Let me...
Mayor Suarez: Crime related safety, is that what you mean?
Mr. Plummer: Exactly! That is why they came here originally. Their concern
was the muggings and the robberies and all of that.
Mr. Dawkins: And the breaking in of the doors, kicking in the doors, and the
windows...
Mr. Plummer: Exactly! It was prompted by a man who was killed on N.W. 5th
Street, where they went through a screen, and in the window.
Mr. Carollo: They need peepholes in the doors. They need locks to be
changed, and so on.
Ms. Hints: But, this was the City's recommendation, and I just want to
remind...
Mr. Dawkins: No, no, that was your recommendation.
Ms. Hines: But, it wasn't the County's recommendation.
Mr. Dawkins: OK.
Mayor Suarez: Yes, go ahead, Frank.
Mr. Castaneda: Mayor and Commissioners, as a point of information, at that
Commission you also requested a second item, and that was for the Police
Department to do a security survey of public housing, and it has been conclud-
ed
142) February 13, 1986
p�L
Mr. Plummer: Do we want the results?
Mr. Dawkins: Not today.
Mr. Plummer: I don't think we can stand the results. Why don't you wait
until the newspapers are not here?
Mr. Carollo: Why don't you give Mr. Adams a copy of it?
Mr. Plummer: Yes, why don't you mail us a copy?
Mayor Suarez: OK, we have a motion, and I guess the consensus of the Commis-
sion is that we don't want to hear the results of tnat particularly, but you
might want to give it to us in writing. We have a motion. Do we nave a
second?
Mrs. Kennedy: We have a second, yes.
Mayor Suarez: We have a motion and a second. Any further discussion from
the Commission? Hearing none, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-128
A MOTION DIRECTING THE CITY MANAGER TO APPEAR BEFORE
THE METROPOLITAN DADE COUNTY COMMISSION TO INFORM
THEM THAT THIS CITY PRESENTLY HAS AVAILABLE $250,000
TO ASSIST THE ELDERLY WITH THEIR NEEDS FOR SAFETY AND
SECURITY MEASURES IN PUBLIC HOUSING; AND FURTHER TO
URGE THE METRO COMMISSION TO SHOW THE SAME CONCERN FOR
THESE SENIOR CITIZENS AS HERETOFORE EXPRESSED BY THIS
CITY OF MIAMI COMMISSION.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Carollo: Now, I think it is only proper that these fine citizens under-
stand what we have done. We are not trying to go back on our word, like
others have. You have a legitimate concern that you came to this Commission
in the past on, and that you still have, and we want to help you, but let me
try to explain this to you, that you can understand what our situation is,
and hopefully, all my colleagues will understand it as well also. The problem
is, that H.U.D., the County went back on their word for their share of it, and
now they are trying to .change the interpretation of what they said, so we art
faced with a situation, and I will give Mr. Adams the opportunity to respond
to this in a second. We are facing a situation, that what they are really to
do is to say is "Well, these expenditures that we had to spend anyway, in
other areas that are non -security, as we interpret it to be, as you interpret
to be", then instead of them spending the additional monies as security in the
City, they are able to spend chat money in other parts, in other projects that
H.U.D. has in other areas of the County that are not within the City of Miami
jurisdiction, and our concern, this is why we approved this money to you, is
City of Miami projects, not the projects in other parts of cne County.
(INAUDIBLE BACKGROUND COMMENTS)
February 13, 1986
143
Mr. Carollo: I understand that, but this is why, if we go ahead, it is just
roll over and die, to them, what they are going to do is, instead of spending
that $250,000 in your projects within the City of Miami jurisdiction, we are
letting them off the hooks, so that they could go and spend that in other
projects outside of the City of Miami limits, and this is what we cannoL let
them do, neither us, nor you. Now, in the meantime, what I'd like to do, if
you all would like for me to do is, is present a resolution before this
Commission, instructing our City Attorney to meet with you, if you so like,
! and go over all the legal aspects of the situation that you are involved in,
to see what legal avenues you might have in order to sue H.U.D., or sue the
j County, or any of the individuals that work for them. Would you like for me
to present this resolution now?
(INAUDIBLE COMMENT OUTSIDE THE PUBLIC RECORD)
t
Mr. Carollo: Okay, why don't you poll them, real briefly, please, because if
you would like for us to help you legally, we are going to make our legal
staff available to you.
i
(INAUDIBLE BACKGROUND COM!4ENTS)
Mr. Carollo: OK, well, you all get together real briefly....
Mr. Dawkins: No, they said no. Leave it alone!
i
� Mr. Adams: May I respond? I have never accused anyone on this Commission, or
any other Commission of breaking their word. No one has ever accused me of
breaking my word. I was not here.
'' Mr. Carollo: Mr. Adams, you may not have, maybe, but the people that you sent
i certainly did.
Mr. Adams: If you think that I sent tenants somewhere, then you don't under-
stand how tenants and public housing work.
Mr. Carollo: I don't mean tenants. I mean the people that you send to this
Commission to represent you.
ti Mr. Adams: There was nobody...
Mr. Carollo: Could we get the minutes of those Commission meetings, and we
can get every word that they said, and I think that you have an obligation if
an individual that is representing your department, representing you, in fact,
said something that you did not mean, or was not what you said...
Mr. Dawkins: Hold it. Wait one second. Maybe the whole thing is wrong! If
your department never agreed to match $250,000, then we don't have nothing to
argue about!
Mr. Adams: All I am saying is...
Mr. Dawkins: No wait, now wait. Hold it. If nobody from your office said
that you were going to match $250,000, then we never had an agreement.
Mayor Suarez: Is that your understanding, Mr. Adams, that no one from your
office ever made that offer?
Mr. Adams: The Commissioner said that somebody was here representing me. If
you look at the minutes of the transcripts, the only people who are speaking
were the residents who certainly don't represent me, any more than I represent
them.
Mr. Carollo: We realize that.
Mr. Dawkins: But, there again - go ahead, I am sorry, Mr. Adams.
Mr. Adams: We had agreed in discussions with the residents, and with some of
you, that it ought to be matched dollar for dollar. I never said how it
should be matched. If this Commission feels it has got to be matched, dollar
sv
for dollar with police security items, that's your decision to make, and all I
144 February 13, 1986
am saying, and unless you can get a printing press thdt will turn out money
that will pass, you can spend your $250,000 for something else, because I
don't nave the money to match it.
Mayor Suarez: Commissioner Plummer.
Mr. Dawkins: Well let's see, nobody told us that! When we gave the $250,000,
it was to be matched, and Mr. Frank Castaneda is doing just what he was told
to do, not release one penny until it was matched!
Mr. Adams: All I wanted is to have the Commissioner look at the transcript...
Mr. Dawkins: No, Mr. Adams we don't nave to look...
Mr. Adams: ... but he said I broke my word, and I did not.
Mr. Dawkins: I know, Mr. Adams, we are not going to get into that. All I am
saying to you is if H.U.D. never agreed to match the $250,000, we don't nave
nothing to discuss.
Mr. Adams: But, you would not take offense, but you would want the record
straight, if someone accused you of breaking your word.
Mr. Carollo: Mr. Adams, I can certainly understand your position, and you
certainly have that right, and you know, I would exercise the same rignt.
Thank you.
Mr. Plummer: Now, may I ask you a question? You have seen the list of things
that they have put forth on 80 that are security related. Do you think that
these things are necessary and mandated?
Mr. Adams: The items on this list?
Mr. Plummer: Yes.
Mr. Adams: You mean, both the City and the County?
Mr. Plummer: Yes, sir.
Mr. Adams: No, because, we will nave to repair the bulkneads, or....
Mr. Plummer: No, sir, I am speaking to the security items.
Mr. Adams: No, I...
Mr. Plummer: .... do you think they are necessary?
Mr. Adams: I think they are necessary. but we are clearly not mandated to
provide securities for...
Mr. Plummer: But, you think they are necessary?
Mr. Adams: I think they are very important.
Mr. Plummer: You have just put yourself on record for a lawsuit if one of
those people get hurt, and you have not provided what you feel is necessary.
Mr. Adams: Well, that is good. You are a better...
Mr. Plummer: Now, Mel, what I am trying to say is, this Commission felt
that. We felt it to the point that we put up our money where our mouth was -
$250,000.
Mr. Adams: I think I put mine up too, but you know, you have a long agenda,
and you can play games with me, but I think the sad part is both between what
I may have done, and what you have done, it is not I who hurt; it is not you
who is hurt, it is the residents who are hurt.
Mr. Plummer: It is the tenants - exactly!
Dr. Nolte: Wnrn we came and I spoke for them, we came and asked you for tnc
= money for security. You gave it to us, and you said nave the County matcn it.
x We went back, we went to the...
February 13, 1986
' 145
Mr. Plummer: And you tell me you have never been to the County? You told me
you have never been to the County.
Dr. Nolte: We didn't have to. The monies were given to us.
Mr. Plummer: No, no, no!
Mayor Suarez: They understood that that was matching, because it was $300,000
some of items that looked like security, safety, so on.
Mr. Plummer: But, you never got a commitment from the County!
Dr. Nolte: And as I said, we held meeting after meeting. It wasn't enough
j money certainly, to cover the things that are necessary. If we were going to
put security windows up in Liberty Square, the whole money would be gone
there. We tried to spread it as far as we could to help the people that came.
We had representatives from every project. We just tried to do the best we
i can for the most people we can.
Mayor Suarez: Governmentdl entities here in Dade County a lot of times pldy
what can be termed again "chicken", you know, trying to get each other to see
which one comes up with the money first. I cnink that is the way wC snould
function, but maybe you would be advised to go to the County, and see now you
do there, and come back - certainly come back to us, because we will keep
t trying.
Dr. Nolte: Well, I hope so. As you see, I have already been assaulted, so,
as I say, I hope it doesn't happen before we get back to you.
Mr. Carollo: Ma'am, we have our money in hand. We just want them to spend
the monies they are supposed to on City projects, spent on City projects.
Mayor Suarez: OK, we are closing off discussion on this item. Thank you for
your presentations.
44. RENAME PARADISE POINT MINI PARK TO "MIAMI RIVER RAPIDS MINI PARK".
Mayor Suarez: Item 81. Mr. Parks is still here? This will be a very quickie
item, hopefully, the renaming of a park. Yes, Bob.
Mr. Robert Parks: Mr. Mayor and members of the Commission, on benalf of tnc
Miami River Coordinating Committee, I would again ask the Commission to follow
the recommendation of the Memorial Committee of the City of Miami, the Parks
and Recreation Department of the City of Miami, and the City of Miami Heri-
tage Conservation Board, and rename Paradise Point Park to Miami River Rapids
Park, for the reasons that we have stated over and over again, and made
available to you all. Aud we'd like to ... this is the tnird time we nave been
here on this. We would like to get it changed. We hdve got a historical
marker placed there now or will be out in accordance with our marking program,
and I think that it is important that we ... this is a historical site for tnr
City and for the entire community and it is an appropriate name.
Mayor Suarez: Does this imply any expense for ti't City, Mr. Manager? Dots
the City recommend this, or what?
Mr. Odio: No. We recommend it.
Mayor Suarez: OK, I will accept a motion from the Commission to change the
name as recommended. It is the changing of the name, and of the park...
Mr. Robert Parks: From Paradise Point Park to Miami River Rapids Park.
Mayor Suarez: Which is the historical name of that site.
Mr. Plummer: inhere is Paradise Point Park?
146 February 13, 1986
N
A
Mr. Robert Parks: It is on the north point, the original part of the river.
It is a tiny park that the City has, and we have managed to get back in
operation and we had a process wicn the State of getting 2 new parks, double
its size, all at no cost to the City. We just want to get the name changed.
Mrs. Kennedy: Change the name.
Mayor Suarez: It has been moved. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: It has been moved and seconded. Any discussion frog the
Commission? Hearing none, please call the roll.
The following resolution was introduced by Commissioner Kennedy, wtio
moved its adoption:
RESOLUTION NO. 86-129
A RESOLUTION NAMING PARADISE POINT MINI PARK, AT 2900 N`,
SOUTH RIVER DRIVE, THE "MIAII RIVER RAPIDS MINI PARK",
DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLU-
TION TO AFFECTED CITY AGENCIES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following voLe-
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carullo
a
45. DISCUSSION REGARDING REQUEST OF F.P.L. TO PLACE CERTAIN WIRING UNDER-
GROUND.
Mr. Odio: Agenda item 84 is Pat Skubisn.
a.
Mayor Suarez: What was the item? I forgot.
Mrs. Pat Skubish: F.P.L L. - Item 84. I come before you today representing
the Bayside Residents Association as the President. My name is Pat Skubisn.
I reside at 741 N.E. 71st Street. I really don't know wnetnrr I should go
into my little statement right now - it is only about two minutes, not even
that. Maybe I just pass them up to Miller Dawkins. Commissioner, I know that
you were out in our area, and maybe if you would like to inform this Commis-
Sion of what you have seen... .
Mr. Dawkins: I was out there the other day, and the Florida Power and Light
people have taken a hard nose stance, and they told me that they were not
going to negotiate and they were not going to cooperate, so I went out there
to see, and I need to know from the Manager, or somebody - they have put down
one pole, which was higher than the last pole, took the wires off of one pole,
and put it on a higher pole and did not remove the lower pole, so they nave
got two poles and told the residents they are not moving the other one.
Mr. Odio: Yes, sir, I think Mrs. Skubish ...when she finishes ner statement
I'11...
Mrs. Skubisn: OK, yes.
a
,t
February 13, 1986
t
147
VnL---A
L
- - - -
A�
Mr. Dawkins: OR, what I want to know is, Madam City Attorney, whet are the
laws relating to Florida Power and Light and underground wiring?
Mrs. Dougnerty: Mr. Commissioner, we provided a written legal opinion to you
and the rest of the Commissioners and the Mayor.
Mayor Suarez: Can you give us the gist of it, and...
Mr. Dawkins: No, no, no! Now, what does the Charter say, tnat before they
can get a permit, we may do whdt? ... or we snare, or we can?
Mrs. Dougherty: Well, we must give them a permit before they put them up, or
down, and we may require them to put tnem underground, when they got the
permit.
Mr. Dawkins: Is it legal to enforce that by passing a resolution that sdys
that in any new wiring, that the Florida and Power and Light intends to
y install, that it must be put underground before they can get d permit, to have
a drawing to put it under, or they don't get a permit?
Mrs. Dougherty: Well, you may require tnem to do so, but you must be dware
that when we do so, they can pass on the cost to the consumer.
Mr. Dawkins: They pass on everything else, it don't make no difference. I
mean, let me say this, Pat. I have often wondered why Florida Power and Light
has a nuclear generator that is paid for by me and the rest of the consumers
and the users, and once it is paid for, it becomes the property or Florida
Power and Light! So, they may as well pass on putting the light under-
ground — there is no difference.
Mayor Suarez: If we do require them in a particular case, who bears the cost?
Mrs. Skubish: The consumer is going to bear the cost.
Mr. Dawkins: The same people who would bear it if they don't put tnem under.
Mrs. Skubish: I want to tnank and commend Commissioner Miller Dawkins for
taking time out. Miller, thank you so much for coming out to our area, and I
know that you have taken also an active interest, members of this Commission.
I just want to state two things - I have confidence, Mr. Mayor, in you, and
this City Commission, right now, at this point in time. You can always prove
that not to be so later on, but I do have, at this point in time. I also
have confidence in Cesar Odio, in the City Manager, at this point in time, I
have confidence in you!
Mayor Suarez: That is the way we feel about it! At this point in time!
Mrs. Skubish: Right, at this point in time! I did receive a pnone call from
Frank Thompson today, and in all honesty, you set, there had been five new
poles erected on the median strip. They have erected five new poles, and tnei,
one pole side by side by side, and have butchered some trees, but that is not
going to agitate me. No, it is not going to get me angry, because wnat I am
going to do nere today, is I have a lawsuit. I am willing to drop that
lawsuit, I am willing to give this Commission, and you, Mr. Odio, 45 days to
get these guys straightened out, because as quick as I drop that suit, I will
pick it up again, and I will go after them with such a fever that you would
not believe! If they think that they nave got my Irish up now, wait until 45
days, if those lines aren't buried!
Mr. Odio: Thank you, Pat. The birds will be saved, that is what they arc
telling me.
Mrs. Skubish: Three more arc dead today, okay? ... three more!
Mayor Suarez: By the way, that is a discrepancy, because they keep insisting
that the birds have not been killed out there by the power lines.
Mrs. Skubish: Well, we nave the pictures, and we nave the video - we have
everything. We have the proof! Florida Power and Light does not.
Mayor Suarez: This is based on a conversation a couple of days ago, and I am
interested in nearing that you said that...
148 February 13, 19.8.6
t
Mrs. Skubish: Yes, and Frank Thompson was a gentleman. He called me tnis
morning and he said that the reason the other wooden poles weren't removed,
was because the cable company and Ent pnone company, they can't get it togetn-
er and , coordinate it so do I nave, from you, Mr. Mayor, and members of tnis
Commission, will you take me up again 45 days?
Mr. Carollo: We have no problems in doing that, but if they don't accomplish
this by 45 days, Chen I hope tnat you not only get your Irisn up, you get a
lot more up, and go after them again.
Mrs. Skubish: They do have a franchise with this City.
Mayor Suarez: Well, what you may accomplish, if you dismiss the suit, and
they voluntarily put the cable underground at their expense, or maybe t en
With some City monies, if we can find some, or voluntary donations, wnat yuu
may have accomplished is not establishing a precedent, which is the main thing
they are concerned about.
Mrs. Skubish: Yes, and the thing is, Mr. Mayor, I can think, really, of no
other case, where the holder of the franchise, OK, with the City really
don't.... I mean, they just don't care about the citizens or Ent: Eaxpayera,
you know, going out there. This City Commission is supposed to take care of
us, and Cesar, you are supposed to take care of us, Cesar Odio!
! Mayor Suarez: Well, Pat, the only thing chat we can guarantee you, tnis
Commission, is that we will try in those 45 days to accomplish a settlement.
We cannot guarantee you that we ... we can't guarantee anything we haven't
voted on. We cannot guarantee you we will allocate the money, if F.P.SL.
refuses to provide it, so...
Mrs. Skubisn: All right, what do I walk away with? Wait d minute.
Mayor Suarez: ... we will certainly try in those 45 days and I am telling you
that...
Mrs. Skubisn: I represent a lot of people. What do I walk away wltn nere
today? Tell me. Get it on record, what I walk away with here.
Mr. Odio: I am going to tell you on the record tnat that line will be put
underground, so that the birds will be safe.
Mrs. Skubisn: Not one line! The lines!
i
a
Mr. Odio: The lines, and 71st Street, that we have been...
Mayor Suarez: Well, you did a lot better tnan I thought!
a Mr. Odio: The moment that you drop the suit. Thank you.
Mrs. Skubish: Drop the suit, okay, and in 45 days, if is is not done...
Mr. Odio: 45 days from the day that you drop the suit.
Mrs. Skubisn: And what happens if it is not done?
Mr. Odio: Then they have a war with me, because I•nave their word that tney
will put the line underground.
Mrs. Skubish: The Latin and Irish will get on Florida Power and Light! How's
that?
Mr. Odio: Yes, Cuban and Irish!
Mayor Suarez: Thank you, Pdt.
149 February 13, 1986
Ai A+
46. DEFER DISCUSSION re CONSULTANT CONTRACT WITH SORG MARKETING GROUP.
Mayor Suarez: I just want to announce on two items that I think were 1niLlat-
ed by myself, if the City staff is about to recommend that on Items 90,
regarding the Sorg Marketing group contract, that we need additional time to
negotiate 1E, is what they keep telling me, Stuart, and on ltem 92, that we
have a possible pending settlement of different disputes with M1am1
Cablevision, I will withdraw both of those items - not defer it, just witn-
draw it.
Mr. Carollo: Mr. Mayor, one that we definitely nave to do today is 1LVM 95.
Mayor Suarez: Yes, I am going to try to cover it. 95, the City has indicated
to me, is a nigh priority item. Yes, we will get tU tnaL, but 90 and 92, I
want to... Stuart, you might want to come up to the mike. They tell me they
{ are not ready to give us a contract that we can approve. My feeling is that
we have the elements of the agreement with you. I nave a pretty good idea
what it contains, but...
Mr. Plummer: I will explain that to you.
Mayor Suarez: Yes, well, apparently... is that a fair stdLemenL, Commission-
er, or someone from the Administration, tnaL we are not ready to vote on it,
i because we don't have a tentative contract, on the Sorg Marketing Group?
i
Mr. Odio: Stuart, I am sorry, but I will not recommend that we spend monies
on consultants. I have to tell ... told Stuart Sorg....
I�
Mayor Suarez: That is different from what I asked, through. I am wondering
if you are ready to approve, or disapprove of the proposed elements of the
contract at least?
Mr. Odio: I am ready to recommend against it.
Mayor Suarez: Oh. Well, I don't know if we should defer it, then. We may or
may noL get to it, because we have got to get to a lot of other items.
Mr. Carollo: We also have item 96. That is the establishment of guidelines
for the lobbyist ordinance.
8 Mayor Suarez: Yes, I am sorry to tell you that we are going to try to follow
as many of these as we can. Is the City ready to tell me if the elements of
the contract that Mr. Sorg has proposed are acceptable or not acceptable, to
the City?
Mr. Odio: It is a question of philosophy with me. If we have a Parks and
Recreation Department chat has been charged with doing the duties that are
spelled out in that contract, I cannot recommend that we spend monies out-
side, when the Parks Department has plenty of staff that should be doing that,
and that is my position.
Mr. Plummer: Mr. Mayor, I would move that item 90 be deferred for two weeks.
It was my understanding from Mr. Sorg, who came to visit with me, that it was
in concurrence with the administration that this contract was in order. I am
now finding a different story and I think in the interest of the... of the
betterment of everybody, is to allow the two weeks to give some thougnL to
this and go back and rethink it, because, as it stands today, I think it is
going to be not pleasant.
Mayor Suarez: I have to say I kind of got the same impression, Stuart, that
the City was in concurrence. That is not to say that I am going to agree witn
the City's recommendation, but I think the motion to defer in view of tn*L may
be proper
Mr. Plummer: I've asked a motion to defer on 90.
Mayor Suarez: We have d motion.
150 February 13, 1986
Mr. Carollo: Second.
Mr. Stuart Sorg: What is the position, now? Do I meet with the City Manager
within two weeks, or...?
Mayor Suarez: He has pretty much told you that ne is going to recommend
against for philosophical reasons, but that doesn't mead you can't come before
us in two weeks and have the Commission override his recommendation.
Air. Carollo: Stuart, by the way, since we have got you up here, do we nave
the hydrofoils, or not?
Mr. Sorg: The hydrofoil is now at Virginia Key, and I hopeful it will oiler
ridership for the 8th, for the Kiwanis kickoff of Calla Ocho, that is wnat we
j are trying to do at this time.
i Mr. Carollo: That is good. Well, I understand the Mayor hasn't tried it out
yet, so ne gets first priority.
Fir. Sorb: That is right.
j
Mayor Suarez: I promised to dive off the top or something, didn't I? 0}:,
thank you, Stuart. We are going to nave to reconsider this item in two
weeks.
1
Mr. Sorg: Do I meet with the Manager in the meantime?
Mayor Suarez: I really suggest you meet with the different Commissioners and
talk about the elcmencs of your contract.
Mr. Plummer: I would suggest that he also meet with the Manager to find out
the areas of what the Manager feels are not worthy, so that when comes and
speaks to us, he can have both sides of the issue. Call the roll on 90.
Mayor Suarez: Motion to defer nas been made and seconded. Call the ro.l,
please.
THEREUPON,ON MOTION DULY MADE PLUMMER
AND SECONDED CAROLLO AGENDA ITEM 90 WAS
DEFERRED FOR TWO WEEKS FOR FURTHER REVIEW
AND INFORMATION BY THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
a Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
N= FOR THE RECORD: ITEM 92 (CABLEVISION) WAS WITHDRAWN.
------------------------------------------------------------------------------
Mayor Suarez: On item 92, I just want to get on the record, Mr. City Manager,
that we are in fact, close to a settlement with Miami Cablevision, of the
various disputes?
Mr. Odio: No, sir. We are negotiating , but we arc not...
Mayor Suarez: We are negotiating? I will withdraw the item on the basis of
that stacemenc. I am sure I am going to want to consider a lot of the diiicr-
ent items of the R.F.P. at the time that we consider the whole thing.
151 February 13, 1986
47. GRAND PRIX AS EVENT FOR A PUBLIC PURPOSE.
Mr. Plummer: What you call an emergency item...
Mayor Suarez: What do you have?
Mr. Plummer: I haVr just asked to be passed out to eacn and every one of you,
to put us in compliance, "A resolution designating the Miami Grand Prix
racin& event, in accordance witn Section 549.08 F.S. 1985, as bring for a
public purpose and shall not be considered or found to be a public or private
nuisance." Tnis must be, passed by this Commission for the permit, and I so
jmove, Mr. Mayor.
Mr. Dawkins: 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 Plummer, wno
moved its adoption:
RESOLUTION NO. 86-130
A RESOLUTION DESIGNATING THE MIAMI GRAND PRIX RACING
EVENTS IN ACCORDING WITH SEC. 549.08 F.S. (1985) AS
BEING FOR A PUBLIC PURPOSE AND SHALL NOT BE CONSIDERED
OR FOUND TO BE A PUBLIC OR PRIVATE NUISANCE.
(Here follows body of resolution, omitted nere and on
file, in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
AT THIS POINT, THE COMMISSION CALLED FOR AGENDA ITEM 82 FLORIDA HOUSING
COOPERATIVE. NO ONE WAS PRESENT AND ITEM WAS NOT TAKEN UP.
------------------------------------------------------------------------------
------------------------------------------------------------------------------
48. MARCH OF DIMES "WALKAMERICA": CLOSE STREETS, WINE/BEER PERMIT, USE PEA-
COCK PARK.
-------------------------------------------------------------------------------
Mayor Suarez: Agenda Item 78.
Mr. Alan Rosenthal: Mayor and members of the Commission, my name is Alan
Rosenthal, 3050 Biscayne Boulevard, Suite 800. I appear today as the Chairman
of the March of Dimes "WalkAmerica '86", which will be, held on Marcn 22nd, in
-
the streets of Coconut. Grove in the City of Miami. Last year, you will recall
that this Commission unanimously became a cosponsor of tnis event, wnicn is
r
the largest walkathon in the Soutneastern United States, last year, here in
Miami, raising $435,000 for the fight against birth defects, and during this
calendar year, the March of Dimes will spend, In the City of Miami, $200,000
a
i'
February 13, 1986
152
for research and medical services grants, mostly aL the University of Miami
School of Medicine, at Jackson Memorial Hospital. We are asking the Commis-
sion to support March of Dimes Walk America in a number of ways. We need to
close a number of streets in Coconut Grove for part of the day on March 22nd,
including Mary Street and South Baysnore Drive to McFarland; McFarland to rain
Highway; Main Highway to Douglas; and Douglas to Ingraham Highway. Most of
the street closings will be over by 10:00 a.m. Part of the street on h,c-
Farland will be closed for a portion of the afternoon, when the walkers return
to Peacock Park. We likewise need support by police protection. I believe
it's a total of sixteen officers that the city of Miami Police Department has
told us we will need for traffic, control and security; the Fire DeparcmenL
jproviding an inspector, a van and a permit; Peacock Park, the use of the park;
a beer waiver; sanitation service; and finally the Coconut Grove Exhibition
Center. Last year this Commission underwrote support of this event in -kind
services and fee waivers of about $12,000. We are asking this year for a
lesser amount, a total of $9,185.00, some of which are fee waivers and in -kind
services. In connecLion therewith, the City of Miami has already been listed
and will continue to be listed regardless, as a spunsor of this event. Again,
the largest "walkaLnon" of its kind in the southeastern United States... I
believe last year this Commission was quite pleased with the results of this
event., with the positive attention it brought to the City of Miami. What iL
did for the unborn children in this community who were able to be born
healthy because of Lhe work of the March of Dimes. We ask this Commission's
support for Lnis event once again. Again, the total cost will not exceed
$10,000.
Mr. Plummer: Mr. Mayoc, I make a motion at this time that this City grant
them the street closures, as approved by the Police and Fire Department.
Mr. Cdrollo: Second.
Mayor Suarez: It's been moved and seconded. Any furLner diSLuSSiotl from
1 this Commission?
a
,
Mr. Rosenthal: Could I ask a question, please? Ir the Commission is not
inclined to provide the in -kind services for police and fire, there are still
are the issues of the beer waiver, the permits....
I
Mr. Plummer: Oh, I'm sorry, that's not a part of Lhis resolution.
i
Mr. Rosenthal: Oh, I'm sorry, the resolution chat was distributed, was
distributed after we were told that resolutions don't get prepared anymore
until after the Commission takes action and I had been told tndt that resolu-
tion would not be distributed because it didn't include....
Mr. Plummer: I will include in my motion the allowance of the beer and wine
to be sold during....
Mr. Rosenthdl: No sales, Mr. Plummer, it's given awdy by various LedMS that
consume it for refreshment during the course of the day. Tnere is no sale of
any items whatsoever.
Mayor Suarez: Are you giving away beer?
as
Mr. Plummer: I'll incorporate that in my motion.
Mr. Rosenthal: The corporations that participate in this event serve beer to
the members of their tram that come out and walk 'the twenty kilometers to
raise the money, that this year will exceed a half a million. Please under-
stand, and I'm aware of the policy that this Commission and this Commission
was under a moratorium for festival funding last year when this Commission
voted approval for these sums of in -kind services for police and fire protec-
tion, and a fee waiver on the exhibition crnLer. Tne moratorium was in
effect last year, but it was determined that this was not a festival. It
clearly is not a festival. I would ask the Commission to consider the full
funding of these in -kind services and fee waivers to provide Env protection
for our walkers on the streets during that day. If tnt Commission dots that,
every penny thdL is raised will go to the March of Dimes and noL to Ent: cost
of putting on this event.
Mr. Plummer: Did you say tnae this will raise a ndlf d million dollars?
153 February 13, 1986
Mr. Rosenthal: Yes, sir.
Mr. Plummer: That's what I thougnt.
Mr. Rosenthal: Of wnicn about S200,000 will be spent by the March of Dimes in
this City this year.
Mr. Plummer: My motion, Mr. Mayor, is to close the streets as requasttd,
subject to the approval of the Police Department and the Fire Department, and
tnat we allow them to serve the alcoholic beverages of beer and wine.
Mr. Rosenthal: We also need the use of Peacock Park, the use of the firs
van.....
Mrs. Kennedy: You see tigers don't tell you everything at the Samc timt.
That's your problem.
Mr. Rosenthal: No, no, Commissioner, this resolution that is in front of you,
I was told by the Department of Community Development and Parks and Re�-rC-
acion....
Mayor Suarez: Go ahead, don't argue about the procedures. Go ancad and add
the items if he's willing to add them.
Mr. Plummer: Not the fire van, there is a charge for tnat. you'll navt to
pay for that. Tne use of Peacock Park, I'll include that. Tne next item.
Mr. Rosenthal: The Police Department.
Mr. Plummer: No, next item.
Mr. Rosenthal: Snowmobile.
Mr. Plummer: No.
Mr. Rosenthal: Permit.
Mr. Plummer: Permit?
Mayor Suarez: The Snowmobile? Is that the tning....
Mr. Plummer: All of this... The Showmobile is $750.
Mr. Rosenthal: Commissioner, I would again respectfully point out that UICSe
serviceb are required for this event and were approved last year.
Mr. Plummer: Do you want me to hdng out my check book? I mean do you want me
to cry tears?
Mr. Rosenthal: No, sir.
Mayor Suarez: The actual cost of the Snowmobile is how mucn?
Mr. Plummer: $750 minimum just to set up and tear down and transport to and
from.
Mr. Rosenthal: We were told $1,000, Commissioner.
Mr. Plummer: I'm saying minimum; it depends on now long you use it.
Mr. Rosenthal: Most of the cost that we're talking about, the entire cost of
the police services is $1,500.
Mayor Suarez: How many items are we including in the motion now, so we can
get this resolved?
Mr. Plummer: The use of Peacock Pork, the closurr of tnv street, subject to
police and fire, the serving of alcoholic beverages, not for sale, but dis-
tributing. I think that's it.
Mr. Rosenthal: I really believe this represents a retreat by this Commission
from the support that was given to tnis event last year. We've come back
asking for less.
February 13, 1986
154
Mr. Dawkins: It might. We don't doubt that.
UNIDENTIFIED SPEAKER: I understand.
Mayor Suarez: We've betn retreating a lot lately on those items.
Mr. Dawkins: It is a strategic retreat.
Mayor Suarez: Maybe not as humanitarian as yours, I'll have to admit.
Mr. Plummer: Alan, there are a lot of organizations such as yours in 'Miami.
Mr. Rosenthal: This is the largest, single fund raising event in SUUth
Florida in any single day in the course of a year.
Mr. Plummer: Alsac, leukemia, juveniie diabetes, right on.
Mr. Rosenthal: All good causes.
Mr. Plummer: Exactly.
Mr. Rosenthal: Yes, sir.
Mayor Suarez: The problem is too, that cuts both ways, because if it raises
so much money, it can afford to pay our police officers to be out there and so
on.
Mr. Rosenthal: And we will have to do that. There is no question about it.
Mayor Suarez: That's the way it sounds here. We have a motion. Do we have a
second?
Mr. Dawkins: Wnat is the motion?
Mr. Plummer: The motion is the closure of the streets....
Mr. Dawkins: Second.
Mayor Suarez: It's been moved and seconded. Any discussion from cne Commis-
sion? Hearing none, call the roll.
Mr. Rosenthal: If I could ask one other question. The Police Department
agreement to participate in this event was in part, I believe, contingent upon
receiving an affirmative vote of support from the Commission.
Mayor Suarez: They got that.
Mr. Rosenthal: If there is no funding, I would like at least to get an
acceptance by this Commission of the cosponsorship conferred upon the City of
Miami.
Mayor Suarez: Can we include that as part of your motion?
Mr. Dawkins: You want our name taken off?
Mr. Rosenthal: No, sir, I just want the City of Miami Policy Department and
the Fire Department to help us even if we're paying'them, and they don't have
to do that unless their boss is telling them they should.
Mr. Plummer: Let me tell you what he's saying. In the labor contract, if it
is a City -sponsored event, it is at regular time. If it is not a City -
sponsored event, it's time and a half. He's asking that this be considered a
City -sponsored event in which they will get the police and fire at regular
rates. That does make the police and fire a little irritated. You don't
have volunteers as readily, able, and willing to come forward.
Mayor Suarez: I think they'll find them, frankly. Will you accept that as an
additional part of your motion?
Mr. Plummer: No, sir.
M
155 February 13, 1986
/Z 1000�1.
Mayor Suarez: TnaL's not been moved. Do we have a motion before us that
doesn't preclude another motion after that.
Mr. Plummer: It doesn't preclude. them trying to get tnem to volunteer their
services.
Mr. Rosenthal: They've already refused to volunteer their services. We'll
have ten thousand people in Peacock Park on Saturday, March 22nd. I would
submit tndt it would be appropriate to have police proteLtion on that day.
Mr. Plummer: Alan, I love you dearly, but you're not saying the truth. You
are not going to have ten thousand people in that park if you don't have
sixteen policemen, because you don't have a permit. So let's understand where
we're coming from.
Mr. Rosenthal: We had a permit last year and we had eight thousand people in
the park and there was no police officer in the park.
Mr. Plummer: Excuse me, you either provide the police personnel that are
required or you have no permit.
Mr. Rosenthal: We're happy to provide them, but the City of M1dm1 PuiicC
Department, unless given the approval by this Commission, doesn't nave to
give it to us.
Mr. Plummer: Excuse me, I will incorporate that they nave our approval to
work at that event.
Mr. Rosenthal: Thank you, sir.
Mayor Suarez: We have a motion. We have 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. 66-131
A RESOLUTION CONCERNING THE MARCH OF DIMES
"WALKAMERICA", WHICH IS TO TAKE PLACE IN THE CITY OF
MIAMI ON MARCH 22, 1986, CLOSING CERTAIN STREETS TO
THROUGH VEHICULAR TRAFFIC DURING SPECIFIED HOURS, SAIL`
STREET CLOSING SUBJECT TO ISSUANCE OF PERMITS BY THE
DEPARTMENT OF POLICE AND THE DEPARTMENT OF FIRE,
RESCUE, AND INSPECTION SERVICES, APPROVING THE SCHED-
ULING OF POLICE DEPARTMENT PERSONNEL TO WORK AT SAID
EVENT; ALLOWING SAID SPONSOR THE USE OF PEACOCK PARK
IN CONNECTION WITH THE EVENT WITHOUT CHARGE FOR THE
PARK PERMIT FEE; AND FURTHER ALLOWING THE DISPENSING
OF BEER AND WINE AT PEACOCK PARK FOR A ONE -DAY PERIOD
IN CONNECTION WITH SAID EVENT, UPON THE ISSUANCE OF A
TEMPORARY PERMITS BY THE FLORIDA DEPARTMENT OF BUSI-
NESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND
TOBACCO, IF REQUIRED; SAID AUTHORIZATIONS AND APPROV-
ALS BEING SUBJECT TO AND CONTINGENT UPON COMPLIANCE
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.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote-
156 February 13, 1986
APES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice —Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSEN T : None .
49 BUONICONTI FAMMILY TO HOLD EVENT IN PEACOCK PARK: WINE/BEER PERMIT
Mr. Plummer: Mr. Mayor, I have a similar request for the Buoniconti Fund.
They are asking bdsicdliy for the same tning. I can only grant them Ent use
of the park and the waiver of the permit fee. I so move at this time fur Ent
use of Peacock Park on March 1st for the Marc Buoniconti benefit. Wt cannot
jprovide the Showmobile, that we waive the permit of seventy—eignE fifty, Ent
staft and the cleanup they have to pay fur. I will move at this timt also, if
they wish to sell alcoholic beverages of beer and wine, tndt tney be allowed
f to do so.
Mrs. Kennedy: Second.
Mayor Suarez: I'm not sure if the lasL item of tndL is superfluous, but it
will be at some point, once we get our ordinance in shape so it doesn't -
require the Commission to approve it, but yes, it's been moved and seconded.
Hearing no further discussion from the Commission, and you as a moving party,
I'm sure are not going to discuss it any further, we shall take a voEC.
Please call the roll.
The following resolution was introduced by Commissioner Plummer, wno
moved its adoption:
RESOLUTION NO. 86-132
A RESOLUTION GRANTING THE REQUEST OF THE BUONICONTI
FAMILY AND FRIENDS TO HOLD A FUND—RAISING EVENT IN
PEACOCK PARK ON MARCH 1, 1986, ALLOWING THE USE OF
SAID PARK WITHOUT CHARGE FOR THE PARK PERMIT FEE;
FURTHER GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULA—
TION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE
REQUEST OF SAID ORGANIZERS TO SELL BEER AND WINE FOR A
ONE —DAY PERIOD IN CONNECTION WITH THIS EVENT; 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.)
Upon bring seconded by Commissioner Kennedy, the resolution was passed
and adopted by the fullowing vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice —Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
157 February 13, 1986
'1
I
50 APPROVE IN PRINCIPLE ADAPTIVE REUSE OF HISTORIC COLA -NIP BLDG. BY NE'N
WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE
Mayor Suarez: Personal appearances, item 76, Jackie. Item 76, represCrlte-
tives of New Washington Heights Community Development ConterenLC.
Mr. Plummer: Hello, Jackie.
Ms. Jackie Bell: Hello, how are you? I'm Jackie Bell. I'm the executive
director of New Washington Heights Community Development Corporation, 1600
N.W. 3rd Avenue. What we nave submitted to you for your consideration, Mr.
Mayor and fellow Commissioners is a historical site at 225 N.W. 9th Street.
It is known as the old Cola Nip Building. Yes, Mr. Plummer, that used to be
our office building, but we're not there now. The reason we took this project
was last April, this Commission recommended to its administration tnat they go
out find us a site for the hotel. We do have a site. The notel yes, is our
priority project. In the process, your staff asked us would we look at some
other smaller doable quick projects; this is that project. Tnis building has
been designated as a historical site. It is within the historicai village.
It is a part of the historical development guide. Before we take this
project, I'd like to make the Commission understand something. We have had so
much differences in our community about progress. So, we said to your staff
that before we would undertake this project, since the Black Archives are
doing some things that we would nave to meet with them. We did that. The
Black Archives is a history and research foundation that are not in the
position of being developers. After those meetings, and Matthew Schwartz is
here to reiterate chase facts, after those meetings, an agreement with the
archives that this was an O.K. project, they supported it. As of 1:00 o'clock
today their executive director spoke to me by telephone, his name is James
Evans, and he said the archives were not in disagreement. Since I come here,
I found....
Mayor Suarez: Jackie, let me clarity one thing. What are we being asked to
approve here? Matthew, can you cut through the narrative and tell us exactly
if it is something we can resolve very quickly?
Mr. Matthew Schwartz: I think Jackie has asked for a request for New Wasning-
ton Heights' for assistance, $125,000 to initiate this project, the renovation
of the Cola Nip Building. A letter was sent to the Commission, I believe,
from Herb, that requested this would be an ideal project for twelftn year C.D.
funds. Since there are no funds available. Dade County has indicated interest
in participating in this project through historical preservation, their
funding.
Mayor Suarez: It's your recommendation that we approve it?
Mr. Odio: Yes, sir, we are recommending it.
Mr. Dawkins: Wait, you said ctlry have no funds available.
Mr. Odio: No, twelfth year C.D. funds.
Mayor Suarez: Twelfth year C.D. funds, yes.
Mr. Schwartz: It would be funds that would be available in June and have to
go through the process, the C.D. review process.
Mayor Suarez: Oh, because we now have the advisory board. So we cannoc fully
decide today. We can maybe indicate our incentiun to approve it once the C.D.
recommends it to us.
Ms. Bell: You also let me explain something to you. What we're asking you to
do is to purchase the building and the relocation. New Washington Heights
itself nas its own revolving loan fund. So, whatever restaurant, or whatever
other things that we decide to do, we decide to get a restaurant person to
come in. We can loan them the dollars, if it's a small business that nerds
chat. But the more important thing is you're talking about creating some jobs
and my concern for this is chat I've watched my community lose every nistori-
cal site we've had.
February 13, 1986
158
Mayor Suarez: Jackie, let me clarify one cecnnical point here now. Our C.D.
Board has been constituted, but that really snould only apply to next year's
C.D. funds. Snould it not?
Mr. Schwartz: It's for twelfth year funds. WC are now in tnv elrventn year
C.L. In June 15th, the twelfth year funds become available.
Mayor Suarez: And this request is twelfth year tunds too?
Mr. Schwartz: The City staff response to the request was that we would sty
that this was the type of project that could be funded at twelfth year tunds.
Mayor Suarez: Which began October 1, 1966.
Mr. Schwartz: No, June, tney' re available in June.
Mayor Suarez: Oh, the fiscal year is June? You have to get the C.D. Advisory
Board's recommendation as quickly as possible. I mean, we can pass a resolu-
Lion saying that we should not contradict our own mechanism that we've estab-
lished, frankly.
i
Ms. Bell: I understand that. Are you talking about the Citywide Board?
Mayor Suarez: I believe that's the way we nave to proceed. Is that correct'
Mr. Schwartz: Yes, it has to go before the Citywide Board. I think the
f
important thing about this is that staff....
i
Mayor Suarez: I'll entertain o motion to have a resolution in principle, but
eventually, it has to go before....
Ms. Ann Marie Adker: Ic first nab to come before the Overtown Board, before
it can go to the C.D. Advisory Board.
Mayor Suarez: Well, you convene tnem tomorrow and 9:00 o'clock at your nouse,
get that resolved, then we're moving. We know now you do things.
Ms. Adker: I can resolve it now.
Mayor Suarez: I bet you can. Don't do it on the record; there may be some
objections.
Ms. Bell: Let me say somvtning to this Commission, please.
i
Mayor Suarez: We're ready to move on your item. You can make matters
worse.
Mrs. Kennedy: Quit wnile you're ahead.
Mayor Suarez: You can make matters worse by continuing to talk about it.
I'll entertain a motion to resolve in principle that your request for twelftn
year C.D. grant monies be accepted, pursuant to City's recommendations. Staff
is recommending, is what I'm saying. Eventually, the board will have to
recommend. I'll leave the City out of tnis, although tney're recommending it
too.
Mr. Plummer: How mush money are we talking about?
i
Mr. Odio: One twenty five, $125,000.
Mr. Plummer: What is the building going to be used for?
Ms. Bell: It's going to be used for, the first floor is going to be a rescau- i
rant. and an arc museum. The Black Arcnives will nave the art museum. The
upstairs is going to be a guest house. It's going to maintain the same
historicalness.
Ms. Adker: We were always funded in the post.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD).
u
r,
1
159 February 13, 1986
Mayor Suarez: Ann Marie, please.
Mr. Plummer: Who would be the owner of title?
Ms. Bell: Me, Oh no... hew Washington HClgnts. I apologize.
Mayor Suarez: An -ha, that's a real Freudian slip tnere.
Ms. Bell: When I say me, New Washington Heights and I are almost one person,
because we've been together so long and cnat's what I meant, New Wasningco,l
Heights Community Development Corporation.
Mr. Plummer: Jackie, absolutely not. As far as I'm concerned, I would
approve a motion which says that it must be approved by the local board and it
the City does purchase that, that anytime that that property is not useo fur
the intended use, it reverts back to the City ownership.
Ms. Bell: Agreed, Mr. Commissioner.
Air. Plummer: That property is going to be paid for by the City.
Ms. Bell: Yes, sir.
Mr. Plummer: It seems like, and I don't know, but it seems like a high
figure, because we're talking about parcels in Overtown today at $60,000 and
this is double that. So I think that the staff has to come back and really do
a sales job on us, as well as you nave to do it on the local development CBO.
Ms. Bell: I am the C.B.O. You mean the C.D. Board?
Mr. Plummer: C.B. Board, yes. But I'm saying that the only way I would vote,
even in principle, is with the full understanding tnat the ddy that property
is not used for its intended use, it reverts back to the City's ownership.
INAVDIBLE BACKGROUNL C012-IENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Ann Marie, you're out of order, please. So moved; do we nave a
second?
Mrs. Kennedy: Yes, second.
Mayor Suarez: It's been moved and seconded. Hearing no furtner discussion
from the Commission, call the roll.
The following motion was introduced by Commissioner Plummer, wno
moved its adoption:
MOTIO`: NO. 86-133
A MOTION APPROVING IN PRINCIPLE A PROPOSAL FROM THE
NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFER-
ENCE FOR ADAPTIVE REUSE OF THE HISTORIC COLA -NIP
BUILDING AS A VIABLE PROJECT TO FURTHER ECONOMIC
DEVELOPMENT IN OVERTOWN; FURTHER STIPULATING SAID
PROPOSAL MUST FIRST BE APPROVED BY THE OVERTOWN ADVI-
SORY BOARD AND THE CITYWIDE COMMUNITY DEVELOPMENT
BOARD, AND FURTHER STATING THAT IF THE PROPERTY WERE
TO BE PURCHASED, IT WOULD BE PURCHASED.BY THE CITY TO
ENSURE THAT IF THE PROPERTY WERE NOT USED FOR THE
STATED INTENDED PURPOSES, IT WOULD REVERT BACK TO THE
CITY; AND FURTHER DIRECTING THE MANAGER TO COME BACK
BEFORE THE CITY COMMISSION WITH HIS RECOMMENDATION.
Upon being seconded by Commissioner Kennedy, tnt motion was passed and
adopted by the following vote-
160 February 13, 1986
AYES: Commissioner Joe Carollo
* Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Sudrez
NOES: None.
ABSENT: None.
DURING ROLL CALL:
Mr. Plummer: Yes, and that means it's going to have to come back to us again.
At such time, we will impose otner regulations as now the money will be spent
and it will be spent for.
51 A -GRANT $65,000 TO MISS BLACK COLLEGIATE PAGEANT;
B-DESIGNATE CAROLLO AND DAWKINS AS DELEGATES TO MISS BLACK COLLEGIATE
PAGEANT
Mayor Suarez: The former City Attorney, George Knox, has been sitting tnere
pdtirntly. I thought you were just wdLching our proceedings. Were you here
for any particular item?
Mr. George Knox: Yes, sir, thank you so much. I'm here on item number 95,
which relates to the "Miss Collegiate Black American Pageant." For the
record, my name is George F. Knox. I'm an attorney witn offices at 4770
Biscayne Boulevard. I'm general counsel to the Miss Collegiate Black America
Corporation. We have, pursuant to direction of staff, made an appearance
before the Host Committee. After ndving understood tnat the Miss Teen USA
pageant would not be held in Miami this year, we saw tnac cis an opportuLiicy
for the Host Committee and the City to participate witn the Miss Black Colle—
giate program, whieu was eminently successful last year and there are very
elaborate plans for a successful pageant tnis year. It's scheduled for Marcn
25, 1986. We requested and were approved some funding by the Host Committee.
I think our reason for appearing before this Commission is to number one, make
you aware of our request of Lne Host Committee and to task you to concur in
the Host Committee's decision to fund the Miss Collegiate Black American
Pageant for this year.
Mayor Suarez: I'll entertain d motion to that effect.
Mr. Carollo: Member& of the Commission, basically what we're doing here is we
approved the funds that would include the three pageants, Miss Universe, Miss
U.S.A. and Miss Teen U.S.A. What we're doing here is keeping the same amount
of funds only substituLing Miss Teen U.S.A., whicn we let Daytona nandle, for
the Miss Black Collegiate Pageant. So, if the City Attorney can read the
resolution that was made to make sure we do this in a legal manner, tnen....
Mrs. Dougnerty: We've prepared a resolution amending Section 1 of Resolution
84-962, adopted August 20, 1984, whicn ratified and approved the City
Manager's execution of an agreement with the Greater Miami Host Committee,
Inc. for the Mass Universe/Miss U.S.A./Miss Teenage U.S.A. Pageants in the
years of 1985 and 1986 to be held in the City of-, Miami with funds therefor
allocated in an amount not to exceed $250,000 from Special Programs and
Accounts, Contingency Fund, by approving the substitution of "the Miss Bieck
Collegiate Pageant" in the year 1986 in place of cne "Miss Teenage U.S.A.
Pageant" and by authorizing the City Manager to execute an agreement to said
agreement with the Greater Miami Host Committee, Inc. to reflect such substi-
tution; further allocating for the year 1986 an additional amount not to
exceed $250,000 from Special Programs and Accounts, Contingent Fund, in
support of said pageant.
Mr. Cdrollo: I so move that resolution. Commissioner Dawkins seconds it.
Mayor Suarez: Seconded.
Mr. Cdrollo: Hearing no furtner discussion....
February 13, 1986
161
It 0
Mavor Suarez: Just one minute to see if we nave sumo concerns to be raised.
We've had no recess today.
Mr. Carollo: I'll be in favor of a quick onL.
Mayor Suarez: I think I'm in favor of one too very quickly. Commissioner.
Mr. Odio: LeL me say that of Lhe two f1fLy, what we're saying and maybe the
resolution... is LnaL Miss Black Collegiate will receive $50,000 and the resL
goes Lo the Miss USA pageant.
Mr. Carollo: Again, Cesar, we discussed it before. Do you want for tnt City
to give them the money directly or do you want it to go through the Host
CO=lL Lee?
Mr. Odio: No, sir, 1L should be the Host COmmiLLee.
Mr. Carollo: The Host CommiLtee, well, that's fine, but all that Lh1s motlun
speaks oI, which is you know Lhe same thing that you jusL said, is thuL we're
still approving the two fifty for the three pageants and we're letting the
Host Committee give whatever monies they were requested, which was....
Mr. Odio: We should amend the resolution to read that fifty of those two
fifty should go to the Miss Black....
Mr. Dawkins: Wait, hold it, no, no,no, wait one minute. What are you goin6
to give the Miss Universe pageant?
Mr. Odio: We're not giving anything, Mr. Commissioner. This was passed last
year.
Mr. Dawkins: What do you have left in the pot?
Mr. Odio: $200,000 of the $250,000 go to the Miss U.S.A. pageant.
Mr. Dawkins: Why? Mr. Odio: Because tnaL's what it calls for in the contract.
Mr. Dawkins: How much did you have budgeted for the Miss Teen?
Mr. Odio: It was a hundred Lhousand.
Mr. Dawkins: Now, you want to give me fifty and you nad a hundred budgeted?
No.
Mr. Odio: Let me explain.
Mr. Dawkins: Give them a hundred thousand dollars, like you were going to
give everybody else, since you're substituting it for that pageant.
Mr. Odio: LeL me explain, sir. It's more complicated than that.
Mr. Dawkins: No, it's not.
Mr. Odio: Mr. Commissioner,, the contract between the HOSE Committee and Miss
Universe Incorporated called for Miss Teen U.S.A. and Miss Universe to be held
here in Miami. Because we couldn't deliver the facility, Miss U.S.A. will
cost a little bit more because we have to pay for not holding Miss Teen U.S.A.
here in d sense.
Mr. Dawkins: That's your problem.
Mr. Odio: Besides, Mr. George Knox's request is for fifty.
Mr. Carollo: Miller, let me explain to you briefly.
Mr. Dawkins: I'll settle for seventy-five.
Mr. Carullo: Miller, let me explain to you wnaL the problem is briefly. Tnc
problem is that we were going to lose so much money by holding that Miss Teen
Pageant nrre that we were lucky enough to get DayLuna to hold it for us.
We're still going to have some expenses. There's no way tnaL we could afford
to give more than that. So we hdd arranged Lnis agreement with George Knox.
162 February 13, 1986
All that he wanted was the sdme request that was made last year and approved,
$50,000. We nave a heck of a financial situation with the Host Committee and
these pagednts.
Mr. Dawkins: I know that. All I'm saying is I've been a second class CILizcn
most of my life and every time it comes up I get the short end of the sick.
I'm in is voting position now where I can stop that. I no longer have to
accept the short end of the stick. I can hand it to someone else.
Mr. Plummer: Can I make you a winner?
Mr. Dawkins: Yes.
Mr. Piummvr: George, I second sixty-five.
Mr. Dawkins: 65, 50, 15, make it 70.
Mr. Plummer: No, no, no. You said 65 and I'll nold you to your word.
Mr. Dawkins: I said 75.
Mr. Plumper: No, you said 65.
Mr. Cdrollo: 45.
Mayor Suarez: Sold.
Mr. Dawkins: All right, we'll take 65.
Mayor Suarez: We have a motion in the amount of $65,000. Do we not?
Mr. Dawkins: Yes.
Mayor Suarez: Thank you, we have a second.
Mr. Carollo: Mr. Knox wants to say some... he wants to make a stdtement.
Mayor Suarez: I'm sure he will not at this point, being a knowledgcoble
lawyer will retreat at the appropriate time. We nave a motion and a second.
Any further discussion from the Commission?
Mr. Cdrollo: Further discussion. Mr. Knox, isn't there anytning else tndc
you'd like to say at tnis point in time?
Mr. Knox: I'd like to thank the Commission for its generosity, but I would
like to advise the Commission that we will certainly be very, very prudent,
and make certain that the grant to us is consistent with our budgetary plans.
Mr. Cdrollo: Right, George, remember than you only wanted $50,000. That
would carry you through and you know the constraints the Host Committee has.
Mr. Dawkins: George didn't do that. I did it.
Mr. Carollo: I know, but I want George to encourage you, Miller.
Mr. Knox: I was very careful with what I said. We will be extremely prudent
and we will make use of these funds.
Mr. Carollo: When they come throwing people in the clingers, it's going to be
Skip Sheppard, Monty Trainer, Cesar Odio. It's not going to be me. I'm only
an honorary chairman. All these big shots in the committee, that's fine.
Mayor Suarez: Call the roll, please.
February 13, 1986
163
i
Tne following resolution was introduced by Commissioner Carollo, wno
moved its adoption:
RESOLUTION NO. 86-134
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 84-
962, ADOPTED AUGUST 20, 1984, WHICH RATIFIED AND
APPROVED THE CITY MANAGER'S EXECUTION OF AN AGREEMENT
WITH THE GREATER MIAMI HOST COMMITTEE, INC. FOR THE
MISS UNIVERSE/MISS U.S.A./MISS TEENAGE U.S.A. PAGEANTS
IN THE YEARS OF 1985 AND 1986 TO BE HELD IN THE CITY
OF MIAMI WITH FUNDS THEREFOR ALLOCATED IN ANN AMOUNT
NOT TO EXCEED $250,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND OF WHICH $65,000 SHALL BE
SPECIFICALLY ALLOCATED TO THE MISS BLACK COLLEGIATE
PAGEANT, BY APPROVING THE SUBSTITUTION OF THE MISS
BLACK COLLEGIATE PAGEANT IN THE YEAR 1986 IN PLACE OF
THE MISS TEENAGE U.S.A. PAGEANT AND BY AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT TO SAID AGREEMENT
WITH THE GREATER MIAMI HOST COMMITTEE, INC. TO RE-
FLECT SUCH SUBSTITUTIOt:; FURTHER ALLOCATING FOR THE
YEAR 1986 AN ADDITIONAL AMOUNT NOT TO EXCEED $250,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF SAID PAGEANT.
(Here follows body of resolution, omitted nere and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkinb, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Mr. Mayor, I would like to ask this Commission at this point to
nominate Mr. Joe Carollo to be the Commission's delegate. He has worked in
tnot capacity very well in all of these events in the past, when cocnalrtd by
him and Commissioner Dawkins, but it's always been appropriate that once
member of this Commission was in tact designated ds the liaison between the
Commission and the event. Do you want tnat in the form of a motion or just an
agreement of concurrence?
Mayor Suarez: You keep sneaking pocket items into tnis agenda. We're going
to take tndt in the spirit of cooperation nere. Yes, tnat's the motion that's
been made. Do we nave a second?
Mr. Plummer: I could have deferred the delay and made amendments and spoken
to it for thirty minutes. If that's wnat you prefer.
Mayor Suarez: No, I accept it. Motion nas been made. Do we have a second?
Mrs. Kennedy: Yes, second.
Mr. Carollo: Knox, you guys don't give any medals, do you? I can't nold on
to any more.
Mr. Plummer: Joe, don't send me any free tickets. Will you?
Mayor Suarez: Hearing no furcner intelligent discussion from the Commission,
call the roll.
164 February 13, 1986
The following resolution was introduced by Commissioner Plummer, wno
9 moved its adoption:
RESOLUTION NO. 86-135
j A RESOLUTION DESIGNATING CITY COM11 SSIONER JOE CAROLLO
AND VICE -MAYOR MILLER J. DAWKINS AS OFFICIAL DELE-
GATES OF THE CITY COMMISSION TO THE 1986 "MISS BLACK
COLLEGIATE PAGEANT".
i
(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 Cdrollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
52 $165,000 LOAN TO NORTHEAST MIAMI CHAMBER OF COMMERCE (NEMCC) FOR REHABIL-
ITATION OF A COMMERCIAL PROPERTY
Mayor Suarez: Who's the gentleman on item 53 or the person that has to... go
ahead, please. On, you're deferring to Mr. Cascaneda. We've heard a lot of
times from you today, Mr. Castanedd.
Mr. Frank Castaneda: Mayor and Commissioners,....
Mayor Suarez: The City tells me this is a priority item. Let's see if we get
it resolved.
Mr. Castaneda:...... basically, we are recommending an allocation of $165,000
to the Northeast Chamber of Commerce from Community Development Block Grant
Funds co acquire a property located at 7821 N.E. 2nd Avenue. This property
presently is a vacant structure. They have commitments to lease part of the
space to eleven new businesses. Northeast Chamber of Commerce has had tremen-
dous experience already leasing Biscayne Shopping Center at 79th Street at
Biscayne Boulevard. What we are requesting is that they purcnase and rehab
the property at $600,000 of which we would authorize $165,000 with the condi-
tion that they find additional financing. Part,of the tinancing requirements
would come from $135,000 from Commercial Bank and Trust and they are trying to
get a firm commitment from Miami Capital of $300,000. As part of the agree-
ment, what we would be accomplishing are several things. One, we would be
getting rid of a blighted property in the area. We understand that there are
already conversations with three Haitian businesses and two Black businesses
that would be wanting to relocate into tnat area. We would be helping the
Northeast Chamber of Commerce to become self-sufficient and any income derived
from. this deal, as we did in the case of the Allapattah Merchants Assocla-
tion, we would record the reuse of that money for other than mortgage payment
that expenditure would have to be approved by the City Commission and that's
what we discussed the last time we were here. We also have a clause saying
that if this property is syndicated, 50% of the money would nave to go back to
pay directly the City loan. We are doing a background check on all the
individuals of the corporation. We haven't found anytning from the Police
Department as to negative character of the individuals.
Mr. Plummer: Jerry passed that?
Mr. Castaneda: Jerry passed it. I don't know now.
165 February 13, 1986
Mrs. Kennedy: Frank, do you have d list of Lhose names for us? Of the
members. Can we gtt that lacer?
Mr. Castanedd: I could send it. I don't hart them all with me, buL I could
sent it tomorrow.
Mr. Plummer: Do we stand first in line if it's d forfeit? Tne City stands
first to line to recoup our money if in fact it defaults.
Mr. Odio: No.
Mr. CasLdnedd: That has not been finalized yet.
Mr. Plummer: On, yes it has. If you're asking me for 3% money, it is.
(INAUDIBLE BACKGROUND COPL"fEr'T5 NOT ENTERED INTO THE PUBLIC RECORD).
Mr. Plummer: How many years are you dnrlcipdting to Lake to pay this back.
Mr. CasLaneda: Fifteen years.
Mr. Plummer: Fifteen? O.K.
UNIDENTIFIED SPEAKER: Commissioner, if I may, for one moment. We insisLtd
upon a provision to be installed for posterity Lhdt in effect, the following
would be true. Fifty per cent of all profits are Lo be used for the purpose
of repayment to all obligations. And if you would look aL the pro forma....
i
Mr. Plummer: I have.
i
UNIDENTIFIED SPEAKER: ....that our coordinator has distributed Lo you aL Lhe
present moment, although Frank mentioned it's vacant, there are two tenants in
j there that are throwing off a $30,000 a year income as it is. What this will
{ do, in conjunction to what we assisted in doing at the Biscayne Shopping
Plaza, in conjunction with the owners of that is a eonLinuance down 79Lu
Street of this. I could tell you a little secret. We have a waiting list for
tenancies. Our average renL was running at $10 a square foot.
Mr. Plummer: Do you near that, Herb Bailey?
UNIDENTIFIED SPEAKER: We had to send some of our people home. One of the
people who stayed, interestingly enough, was our Police Chief. He wanted to
testify on our behalf because while we do nave thdL right now is a
for vagrants, a place that is the constant source for police
and crime problems.
ti
3
Mayor Suarez: Is Lhe Commission ready to vote on this item?
Mr. Plummer: Yes, with the amendments that I nave kidded. The amendments are
that we are first in line in case of default.
f
f Mr. Odiu: He didn't say this, but this will reduce a dependence of City
1 funds, which is important.
Mayor Suarez: It'b been moved. Do we have a second? Please, a second..
F
Mrs. Kennedy: Second.
Mayor Suarez: Thank you. It's been muved and seconded. Hearing no furcner
discussion from the Commission, please call the roll.
1
Tne following resolution was inLroduccd by Commissioner Plummer, wno
moved its adoption:
RESOLUTION NO. 86-136
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN A FORA; ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE NORTHEAST MIAMI CHAMBER OF COMMERCE
(NEMCC), INC. FOR A LOAN OF $165,000 TO ASSIST IN THE
PURCHASE AND REHABILITATION OF A COMMERCIAL PROPERTY
LOCATED AT 232-248 N.E. 79TH STREET/721 N.E. 2ND
AVENUE, FROM THE 7TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT, AT A FIXED RATE OF THREE PERCENT (3%) FOR
FIFTEEN (15) YEARS WITH NO FUNDS BEING RELEASED FOR
THE PROJECT UNTIL THE CITY HAS ACQUIRED A PROMISSORY
NOTE FROM NEMCC; FURTHER PROVIDING THAT THE ADDITION-
AL FUNDS NECESSARY FOR THE PURCHASE AND REHABILITATION
OF THE PROPERTY, IN THE AMOUNT OF $435,000 IS OBTAINED
FROM OTHER SOURCES; FURTHER REQUIRING THAT THERE BE NO
EXPENDITURE OF ANY MONIES, IN EXCESS OF THE AMOUNT
REQUIRED FOR DEBT SERVICE, UNLESS SUCH EXPENDITURES
SHALL HAVE BEEN APPROVED BY THE CITY COMMISSION.
(Here follows body of resolution, omitted here anu on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resulution was passea
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT
7:20 P.M. RECONVENING AT 7:30 P.M. WITH ALL MEMBERS OF
THE COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER
CAROLLO.
53 DEDICATION CEREMONY FOR MUNICIPAL LOT 1141 (GESU SCHOOL) SET FOR MARCH 13,
1986
Mayor Suarez: Item 88 on the inauguration of the....
Mrs. Kennedy: Roger Carlton, where are you? '
Mayor Suarez: Vndt is the item, Roger? What day were you proposing for
dedication of the municipal lot number 41?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD).
Mayor Suarez: I'll entertain a motion to....
Mrs. Kennedy: I so move.
Mayor Suarez: ....to have d dedication on tndt day at that particular time.
A.
It's been moved. Do we have a second? "
f 4
Mr. Dawkins: Second.
E>
ry 13, 1986
167 Februa
i
i
Mayor Sucitez: It's been seconded. All in favor, please call the loll. I
keep thinking of the D.D.A.
i
The following motion was introduced by Commissioner Kennedy, wnu moved
its adoption:
MOTION NO. 86-137
A MOTION DESIGNATING MARCH 13, 1986, AT LUNCH TIME, AS THE
DATE FOR DEDICATION CEREMONIES FOR MLTICIPAL LOT 441 (GESU
SCHOOL PROPERTY).
(Herz follows body of motion, omitted Kerr
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the motion was passed Ind
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Cdrollo
54 RESCUE MISSION: CREATIVE WAYS FOR CREATING A FACILITY FOR HOMELESS
--
1
j Mayor Suarez: Can someone, Matthew, or someone from the City tell us wnat is
the issue before we get into a wnule presentdtlou here?
Mr. Matthew Schwartz: In June, the City... in April, last April, the City
authorized the purchase of block 44, which is the site of the proposed arena.
In June we made an offer to the Miami Rescue Mission for $180,000 for the land
and building, plus there is a bonus of $11,000 and $37,000 in fixtures.
Mayor Suarez: What does that make the total?
Mr. Schwartz: It comes out to two twenty eight. We have gone back due to
some changes of real estate in the area and we btlieve that we could increast
that about $15,000 or $20,000. The problem that the rescue mission has and
a the City has, we discovered last summer tnat rescue missions were prohibited
9 everywhere in the City except in the downtown area and in placeb like Bisudyne
1. Boulevard. We went back. We might have fought the zoning in the City of
Miami to allow rescue missions in CG-2/7 districts which , art general commer-
cial. Dr. Jacobs and the rescue mission have been out for the last six
months, in fact even longer, looking at sites, trying to negotiate, trying to
buy sites for replacement for the rescue mission.
r
i
Mayor Suarez: How does that affect tnc price that we pay for tnaL site?
Because we're trying to cooperate with them, make sure that tney can find
someplace else. Is tnat the idea?
Mr. Schwartz: The problem was that there was only
so much value to their real
estatE. It's an 9,000 square foot old building
on a 7500 square foot lot.
The site... the problem we run into is that there
is is tame frame having to
clear this property and relocate the facilities on that block 44, because of
the arena. The schedule that we have been given
by the Sports Authority is
that they want to start construction of the arena this summer. Tne Miami
Rescue Mission is really in a crunch, and we're in
a crunch, because we nave
to relocate the rescue mission. We have funding.
The funding for the acqui-
Sidon of the rescue mission is from the 108 funds.
There is a possibility
that there are some additional funds that we would
nave that was set aside for
the acquisition of the whole block that may be available. We can only pay
x
what the appraised value is, plus a bonus. That's
what we're restricted to.
168
February 13, 1986
3
N
1
i
I
Mayor Suarez: Dr. Jacubs, in one minute or less, what can we do for you Other
than what we're trying to do for you already, sir?
(Commissioner Carollo enters the meeting at 7:36 P.M.)
Dr. Franklin Jacobs: I had originally condensed my presentation to make it
very cunc:ise, but I'll try to just capsule it, since you make LhaL request.
The problem is basically this. We cannot replace what we now have because
we're grandiatnered in. That's a great asset. Anywhere we have to gu, we
have to comply with the codes and the building requirements, which is a very
expensive item. We cannot even find suitable land for the amount of muney
that the City IS....
Mayor Suarez: I nave a question here of our City stafi based on what you're
saying. Does the law contemplate that there is anything like an opportunity
cost or something like that, I mean, based on the difficulty of finding an
alternative site that we could increase our offer over the appraised value and
bonuses and so on?
Mr. Schwartz: The City can agree to pay anything that they want. The trouble
With this property is this is with federal funds and we have to have.., we're
borrowing federal funds to buy this property through the 108 program. We have
to base our acquisition on the appraised value. The City Commission can
determine to allocate over the appraised value, and it nas on many instances,
on property.
Mayor Suarez: Where would the monies come from then, beyond the appraisal.
Mr. Schwartz: We would look to see if we can reprogram somewhere from the
money Lflat is Set aside for the acquisition Of the arena, the Southeast
Overtown/Park West.
+ Mayor Suarez: Is the basis problem valuation? Is that what we're talking
about there? No?
Dr. Jacobs: The basic problem is a nolistic approach to replacement.
Mayor Suarez: Your being able to find an alternative.
Dr. Jacobs: At Mr. Schwartz's direction, we had our engineering group that
is here to do a study on an old facility of similar age and size and it proved
to be cost ineffective, just prohibitive. We found through another study
that we can buy vacant land and build basic bread and butter type building, no
extras, no fancy stuff, cheaper and more efficient than we t-an to remodel an
old facility.
Mr. Plummer: Doctor, have you considered looking for a location otner than in
the downtown, where property of real estate is cheaper?
i
Dr. Jacobs: Yes, sir, we have.
Mr. Plummer: And?
Dr. Jacobs: We have the same problem of zoning. We are restricted to a
very close zoning and that was only eased up a little bit, liberalized by the
Planning and Zoning Boards recently to allow us to• even find something tnat
we could come close to. We have a master plan for a long—range plan and we're
going to go into a capital funds campaign to do our part, but what we're
requesting is that we not get in this crunch again, where we just can't
conLinur the very needed work. I don't think we need to argue the point.
Mayor Suarez: You're telling us that we're between a rock and a hard place
hare. We really need to get this property and aL the same time wt have this
homeless problem.
Dr. Jacobs: We nave a hundred bed facility for homeless people wt take care
of. We sleep a hundred and feed almost two hundred a day, seven days a weep:.
We've been doing that for 40 years. We'rt just asking the City to come to our
did in this instance. We're going to get out and raise some excra money to
try to take care of Lht problem.
169 February 13, 1986
1
Mr. Piummer: What arc you actually asking of the City?
Dr. Jacobs: We handed out a sheet.
Mavor Suarez: What is an amount tndL if you were offered now, you would
dccepL? What has been your demand?
Dr. Jacobs: Our replacemenL column there as you can see retlecLs d LUtal of
$912,515.
Mr. Plummer: You snow d figure here of $2,694,000.
Dr. Jacobs: That's our total, our dream and our five to ten year plan, died
the replacement of tnc existing facility right now... see, we operdLe, we ndve
other facilities in other parts of the City to take care of Black women and
children and so forth and we want to expand that, but we're going to get ouL
and raise tnat money ourselves from the general public.
Mayor Suarez: Would you consider to be the replacement of the existing
structure would cost you $912,515.
Dr. Jacobs: That is correct. Tndt is wnaL our studies reveal.
Mrs. Kennedy: Let me ask the City Manager, what if anything, can we do.
Mr. Odio: It's a policy decision, Commissioner Kennedy. The properLy is
worth what we are offering. Now if we want to help him replace it, tnaL's a
different situaLion.
Mr. Plummer: Excuse me, are we also going to be faced with the same thing
With the Brothers of Lne Good Shepherd?
Mr. Schwartz: :t is our understanding that we have come to an dgreemenL on
the value with the Brothers of the Good Shepherd. Camilus House is $1.1
miilion.
Mr. Plummer: You nave come to an dgrcemenL on the value of Lneirs, buL are we
opening the door for the Brothers of the Good Shepherd to come and ask for Env
same thing?
Mr. Odio: Yes, you are.
Mr. Plummer: See, that's the problem. The other problem is that the problem
of these all being in one general locale encourages as a magnet to draw these
people to that particular area.
Dr. Jacobs: Sir, I disagree. Our studies have shown just the opposite. It's
the chicken and the egg... redevelopment draws the homeless. It makes a
habitat for street people to panhandle and we're wanting to be a part of cne
cure. We do not draw. We are not ghetto generators.
Mr. Plummer: No, I didn't say that. Please don't misunderstand me.
Dr. Jacobs: Well, that has been printed in years past.
Mr. Plummer: Well, I didn't say it. I don't hold responsible for what's been
printed, doctor.
Dr. Jacobs: I know that.
Mr. Plummer: But there is no question that these are people who are down on
their luck, for whatever reason, and these are the people who do the panhan-
dling and things of LhaL nature, a great deal of it. 1 think I gave you the
example the other day. We face the same problem in this episode as we were
with the halfway houses. The halfway houses, there were 89 in Dade County.
80 were in Lhe City of Miami, which is to say they never nave kids go bad in
Coral Gables or Miami Shores. I just chink we're building a nucleus here, and
the problem that this City is faced with is that if you do for one, you nave
to in fairness do for all.
3
j
170 February 13, 1986
Dr. Jacobs: I think, sir, that you only have to look at the evaluation of
Camilus House, the $1.1 million and they have already settled and they have
land donated to them and are starting the process to build on Sth Street. So
I think that is a point that you need to consider.
Mayor Suarez: Dr. Jacobs, Commissioners, possibly it We have a mutton, it we
make a motion asking our City staff to come up with creative ways to... I
don't want to say to up the apprelsol, but to take into account, maybe, some
aspects of the replacement cost and otherwise look around for whatever monies
We can,... I can cell you that I have been visited by Roxy Bolton from City
of Coral Gables, Commissioner Valdez-Fauli and they're very interested in
trying to do something about the homeless problem. So this is the right time
to put pressure on a lot of institutions to give us money and to complement
what the City can give under the iaw and under our established policy of nut
going over the appraisal. So we can move in a lot of creative ways, Dr.
Jacobs. I don't know Wnat we can do beyond that, really.
Mr. Plummer: Mr. Mayor, by the way, did you ask Ruxy Bolton and Mr. Valdez-
Fauli....?
Mayor Suarez: What Coral Gables was doing?
Mr. Plummer: Yes, where they might locate tnat home for the homeless in Coro!
Gables?
Mayor Suarez: I was thinking Granada or some street like that.
Mr. Plummer: No, I was thinking the Biltmore, which has obviously been is
pink elephant. The Biltmore Tower would be an excellent place. I think tney
could probably put, if in fact there is 8,000 in this County, since they are
the champion of the cause, that would be an excellent place.
Mayor Suarez: I think that if the Commission would not approve a resolution
to that effect, I would go ahead and use my letterhead and sent them tnat
suggestion from you and myself. That's a great idea.
Mr. Plummer: And we'll even provide the transportation.
Mayor Suarez: That's a great idea.
Dr. Jacobs: May I speak to that, sir? I have studied....
Mayor Suarez: You're not going to tell us you are against? Great facility!
Dr. Jacobs: I have studied the situation for ten years, and exactly what you
are going to have. When we build the sports arena and the convention center,
if there is not a facility such as we are proposing on the fringe out of the
downtown area, our philosophy is to get the people off the street, get them
cleaned up and get into some renabilitative work to work them back into
society.
Mr. Plummer: No question doctor, but I think you....
Dr. Jacobs: You can't ship them out. They will be right back.
Mr. Plummer: Your ability would still be, knowing you as I do, if you were on
54th Street, you would still have that same ability.
Dr. Jacobs: You have to be where the flow is. That's the reabon we....
Mr. Plummer: Excuse me, the problem, in my estimation and I respect your
opinion, you creatt the flow.
Dr. Jacobs: No, air.
Mr. Plummer: Yes, sir, you create the flow.
Dr. Jacobs: Tne flow was there before....
Mr. Plummer: I will take you back, doctor, before you were on N.E. 1st
Avenue, Miami Avenue, and the flow was nowncre near around tnerc.
171 February 13, 1986
2.,
Dr. Jacobs: Do you want me to tell you what was there when we went there?
Mr. Plummer: I was there, an old hotel.
Dr. Jacobs: You're right, it was the worst prostitution house in Miami.
Mr. Plummer: No question!
Mr. Dawkins: That's why he was there.
Dr. Jacobs: We cleaned it up; we cleaned up the whole area.
Mr. Plummer: You can go right around the corder from you right nuv. and get
another One.
Mayor Suarez: Dr. Jacobs, Commissioner, we are all aware of the problem. I
don't know that there's anyone that can come up with a solution. If any
Commissioner will move that we instruct our City staff to come up with LrC-
ative ways of increasing the....
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: ....the appraisal, such that we're still within....
Mr. Plummer: No, you can't touch the appraisal.
Mayor Suarez: .... the offer, such that we're still within the law and our
established policy. I will entertain such a motion.
Mr. Plummer: I so moved.
Mrs. Kennedy: Second.
Mayor Suarez: Any furLher discussion from the Commission? Please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-138
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ADMI\IS-
TRATION TO COME UP WITH MORE CREATIVE WAYS OF DETEiLkIINING
THE OFFER TO BE MADE BY THE CITY IN THE TAKING OF THE
FACILITY FOR THE HOMELESS (LOCATED AT APPROXIMATELY 716
NO. MIAMI AVENUE) IN CONNECTION WITH THE PARK WEST
PROJECT, TAKING INTO CONSIDERATION SOME ASPECTS OF THE
REPLACEMENT COST STUDY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
172 February 13, 1986
AV A
4
{
Mayor Suarez: Seriously, I think we can get, we can put the onus on Coral
Gables a little bit, because this whole thrust, ldtely at least, has come from
Roxy Boltun and Commissioner Valdez -Fault and them. They should do something.
Otherwise, we will suggest, maybe we'll suggest to them anyhow that we use
that....
Mr. Plummer: Pink elephdnL.
Mayor Suarez: Whdt is the actual name of it?
Mr. Plummer: Bi1tmore.
Mayor Suarez: The Bilcmore, the pink elephant, to house homeless. I medn it
would make a lot of sense to me. I'm not saying that's where your project
would be located. I'm just saying ds a way Lo --onvince them that they snould
help us in this.
Dr. Jacobs: We've nad a City staff, Lhe Overtown Pdrk West Redevelopment
Office has been looking into this for over two years, longer, and there's....
Mdvor Suarez: We can only be blamed for the lasL three months, sinLr-
Novembtr's Election, but we are going to move on this as quickly dS we possi-
bly cdn. There comes a point we simply have to make you an offer and other-
wise proceed with condemnation. We'd like to help you.
Dr. Jacobs: Metro Ddde, lasL meeting or so, passed the condemnation proce-
dure.
Mayor Suarez: That puts a little more pressure on you, I suppose, but that's
not the intention. The intention is really to help out as much as we can. We
really know that Lhe problem exists and we're doing our best. In fact, we're
the only ones doing anything, as far as I can tell, the City of Miami,
because they're not allowed anywhere else in the county that I know of.
55 DISCUSSION REGARDING ALLOCATION OF $57,000 (FORFEITED BY NATIONAL PUERTO
RICAN FORUM) TO ANOTHER SOCIAL SERVICE AGENCY.
Mayor Suarez: Item 85, this is the National Puerto Rican Forum. They haven't
come up with their matching funds.
Mr. Odio: They have not come back.
Mayor Suarez: So is there any representative of choirs here?
Mr. Castanedd: No, they have sent a letter withdrawing their.....
Mayor Suarez: O.K., so you are reddy to disburse the funds to a different
agency?
Mr. Castaneda: Well, the motion of Lht Commission was to come back here and
that you would decide between the meals program....
Mayor Suarez: To recommend that we disburse it to -a different agency.
Mr. Odio: That's right.
Mr. Castdnedd: We have a request from....
Mr. Plummer: No, no, excuse me. The way this Commission has always handled
it is that we mdke it known to all agencies that we have $57,000 available.
fi Let them all come in here and equally vie for those dollars.
Mr. Carollo: Before we do that, can we try one more time to contact them to
see if they're able to get....
ry Mr. Piummcr: They sent a letter withdrawing.
Mr. Odio: They sent a letter withdrawing.
'} February 13, 1986
;: 173
Mavor Suarez: We really couldn't wait much longer because the fiscal year is
almost halfway.
Mr. Dawkins: I Lhink when we suggested withdrawing these funds, we said LnaL
we promised same feeding funds to the Puerto Rican group and Lney didn't get
them. But there again, you're right, let them all come in, buL I thougnL we
committed ourselves.
Mr. Plummer: JUSL put an ad in the paper that the City is going to diSLribuLe
an additional $57,000 at its next meeting. All interested parties, pleas,
come forward.
Mr. Costanedo: Do you want IL to stick to the meals program as you had dont
in your motion?
Mr. Plumber: The policy of this Commission is still basically, we iced the
poor, we Lake care of Lne sick, and anything Lett over we talk about.
Mr. Castaneda: Do you want this back aL your next meeting?
Mr. Plummer: Yes, sure, why not. Like the Mayor said, the....
Mr. CasLanedo: Do you want proposals submitLrd?
Mr. Plummer: Just let them come here and they can vie for it. You don't have
to submit proposals.
Mayor Suarez: Sir, do you wish to be heard on this ILem?
Mr. Andre M. Bony: Yes, please, Mr. Mayor, Madam Commissioner and Mr. Commis-
sioners, I am Andre Bony. I am the administrator of Overtown Day-care Center.
We nave 75 children. We have been operating there for more than ten years
providing the service, the food to the residents of the City of Miami, partic-
ularly Overtown. This year because of wearisome misunderstandings of the City
Commission, we won't be able to go tnrougn September. Many times when I come
back to the Commission asking for money to keep the program going....
Mayor Suarez: So what you're going to tell us is you'd like to have the
$57,000 in question.
Mr. Bony: Almost.
Mayor Suarez: We're going Lo near that dt the very next Commission mceLing
and we're going to have competing groups apparently, because yours will be
one. I presume, Ingrid, you're not part of Lne same group, obviously, so,
that's the best we can do today in any event.
Mr. Bony: Yes, but I want to remind the Commission that we provide meals and
if we don't have the children at the center, they would have to go back nomc
and they would be deprived of the meals and so on.
Mayor Suarez: To be on an even ground with them, I believe you'd nave to have
o proposal and would he noL, by tnaL time? At leasL tnat'b wnaL Ingrid and
them nave.
Mr. Plummer: They had a proposal in before.
Mayor Suarez: The Overtown legal?
Mr. Plummer: Yes, they were denied at October.
Mayor Suarez: So you may have all your documentation ready and can submit it
to us again.
Ms. Ingrid Grau: I'm Tngrid Grau. I'm from Wynwood Elderly Center. I've
been here like for ten times requesting for the Jose Mendez site tndt hog
already been filled to edpaciLy. We have 94 elderly tnaL err waiting to be
served meals. I have applied revenue snaring. I have applied special
fundings. I have applied everywhere else. HUD nab granLed us Lo use their
meal site. Catholic Service Bureau, which was providing us with a hundred
meals, now because we didn't use the siLe....
174 February 13, 1986
,a
i
Mr. Plummer: Ingrid, tnat's Whet you're going to have from the City next
year, zero. The City isn't going to nave any money next year. The federal
1 funds are gone.
Ms. Grau: I understand that, sir.
Mayor Suarez: We don't really know that. But in fact, the loLeSt thing,, I
guess....
Ms. Grau: But what we're saying is LhaL everybody....
Mr. Plummer: We don't. Federal Revenue Snaring is gone.
Mayor Suarez: But Community Block Grants are not going to... but the 1aLcSL
decision is Lnat is unconstitutional.
Mr. Castaneda: Let's say LheL we've been condemned Lu death and we're waiting
for Lne Governor to give us a pardon.
Mayor Suarez: Ma'am, Ingrid, we'll hear from you aL the next Commission
meeting, at wnich Lime we will finally decide Lnis. Now we nave decided
today, in effcCL, tnaL Lhe National PucrLo Rican Forum nas 10sL its rignL to
the money so we will decide at the next Commission meeting. They rclinqui6n.c
their rights, right.
Ms. Grau: Again, just let me remind you tnat there arc only four moncns left
and tnat we have pusned really....
Mayor Suarez: The Commission has stated its policy of giving other competing
groups an opportunity, but we will decide at the very next Commission meeting.
At least we're half way Lherc because we have gotten d relinqulsnmenL trom the
i
prior group.
56 FIRST READING ORDINANCE: YOUTH ADVISORY COUNCIL
Mayor Suarez: Item 89 can be taken care of very quickly, I hope, and I know
87, you've been waiting on for a long time.
Mr. Dawkins: Item 89.
Mayor Suarez: What exactly are we doing here? We're setting up an advisory
council?
Mr. Dawkins: Yes, during Lhc campaign, quite a number of youth worked witn me
and we also discussed the fact that young people were not involved and we
didn't make any provisions to include them. So Lney got together Lnemsclves
and they decided Lo create a council.
Mayor Suarez: Youth Advisory Council. What issues will they advise Me
Commission?
" = Mr. Dawkins: Youtn related.
Mi. George Alvarez: Youth related problems with Lice City of Miami. My name
is George Alvarez. My address is 414 S.W. 22 Avenue.
Mr. Dawkins: What about you? You had a hand in the organization of this.
Get up there.
Mr. Alvarez: The people who helped on this project is Raul Gastcci Jr. and
Merci Rodriguez. Mr. Mayor, City Commissioners, City Manager, I come before
you today because I'm vary concerned about Lhe growing amount of indifferences
in our City's youth. Many of my fellow classmates and friends feel that their
needs and wants are not a major concern of Lhe City of Miami. There saems to
be a widening gap between the City's youth and the City's government. As you
can see, we propose a council of fellow yUULn to work closely witn Lna liaison
1 appointed by the City Commission.
175 February 13, 1986
Mr. Dawkins: Look, it's Id Le, let me cut through this. Mr. Mayor, I have an
ordinance nere creating the Youth Advisory Council and I so move.
i
Mr. Carollo: Second.
Mayor Suarez: The ordinance nab been moved and seconded.
Mr. Dawkins: Read the ordinance, Madam City Attorney.
Mayor Suarez: We nted to read it.
Mr. Alvarez: Do you want me Lo finish?
Mayor Suarez: She's going to read the ordinance, wnicn is very imporLanL.
Mr. Alvarez: There are a couple of modifications in the ordinance that will
be proposed a little later.
AT THIS POINT, THE CITY ATTORNEY READS THE ORDINANCE
INTO THE PUBLIC RECORD, BY TITLE ONLY.
Mr. Dawkins: Under item A, I'd like to delete "one adult advisor who sna11 br
it least 21 years old." If we're going to have adults wicn them, tnt:n we
don't have a youLn group.
Mayor Suarez: Besides that, the SLaLe of Fiorida's dvt1nieion of an adult 1s
anyone over 18.
Mr. Dawkins: Good, thank you. Also, instead of having an adult, if we have
an adult with them, cnen they're not organizing themselves. They have an
adult telling them what to do. So let's just have the youth and put them on
their own. This is the only way they will learn. Secondly, they have here
say, "who shall reside in the City of Miami." I'm for chat but a lot of youth
i have parents who nave businesses in the City of Miami. If we're going to get
enem to reside in the City, we nave co let tnem parL1C1paLe, I think, in it.
So I'd like to modify to say: "who live in the City or wnose parents own a
business in the City of Miami." You say, "21 years of age, all of whom snail
reside in the City of Miami." I'd like to scratch that. Cross out the 21
years of age and the adult advisor and say that "all snall reside in Lnc City
of Miami or their parents must own a business within the City of Miami." Over
on page .3....
Mr. Alvarez: Excuse me, Mr. Dawkins, there is another change in chat firsL
paragraph. Due to the high request of youth wanting to belong to this coun-
cil, we want to request that instead of ten members, co make it 15 members,
each Commissioner gets three choices.
Mayor Suarez: I accept that modificdLion.
Mr. Dawkins: O.K., thaL's another one.
Mayor Suarez: Mover accepts the modifications. Anything else?
Mr. Dawkins: Yes, on page 3, scratch cne youth advisor shall be a member of
the office in the youth group, scratch LhaL. On page 4, scratch "the Cicy
Parks and Recreation Department shall cooperate with the Youth Advisory dud
make City facilities available." .lust say that Lnt' City of Miami administra-
cion will work with them.
Mayor Suarez: The other wording implies all kinds of fee waivers dnd things
that we generally have to approve here at the Commission.
Mr. Dawkins: Any ocher amendments, I'd like for them to meet among themselves
with the total 15 members and see if other 15 members want to amend tnis or
whet have you so we can do it at one time, rather than doing it here and tnen
the other. Because we have to let the other 15 members pdreicipdte in Lne
orgdnizdtion of this if they're going to be a part of it.
Mr. Alvarez: We're building bylaws and we're waiting to form the council so
everyone can be involved in the formation of the bylaws for the council.
176 February 13, 1986
a
{
i
9
Mayor Suarez: Just out of curiosity, who appoints the council? Do we appoint
the members?
Mr. Alvarez: For the first government....
Mr. Dawkins: We all get to appoint.
Mrs. Kennedy: We get to appoint three members.
Mayor Suarez: The idea is that each Commissioner would nominate three. Do
you plan to hdve us do that today?
Mr. Dawkins: Wnat I would like to do is just appoint, since they have cne
organization together, make him temporary chairman, temporary vice-cndirman,
and secretary, temporary, so they can sort of pull this together and then come
back with a permanent. When you get the 15 members, let them come back witn
permanent offices.
Mr. Alvarez: There's something here that the chairman for the first govern-
ment of the Youth Advisory Council shall be chosen by the City Commission.
For future goveruments, the bylaws will state that the chairperson will be
chosen by a majority vote of the Youtn Advisory Council members. TndL's 011c
of the proposed changes.
Mr. Carollo: Millet, why don't we just let them, you know, elect whatever
they want between themselves.
Mr. Dawkins: Within these three? We have to have somebody to pull it togetn-
er.
Mr. Carollo: I mean after we name the whole board. Let them all name cnem-
Selves.
Mr. Dawkins: No, no, we do it this time. After this they do it themselves.
Mayor Suarez: We are really creating and constituting a commission or some-
thing. I know that Mr. Garcia wants to be a member. Do you not want to coat
up and join the rest of the group, make sure you get included here. Is Chat.
part of the ordinance, the creation of d constituting commission or ..ouncil.
Can we... if we're supposed to appoint the members, we can't let you do the
appointing. You can certainly suggest names to us for our next Commission
meeting.
Mr. Alvarez: We're saying just the election of the officers for the council
will be elected between the board members once they're picked.
Mayor Suarez: You are de facto the constituting commission or constituting
council of this organization. You can select from your membersnip, one of
your chairmen to have what will be unofficial meetings until we have selected
the full board of 15.
Mr. Alvarez: Yes, you're correct.
Mr. Plummer: This doesn't even take effect of law for 60 days.
Mayor Suarez: Yeb, it has no effect at this point, so you're an unufficial
body. We have a motion to accept the ordinance, ,as amended. It has been
seconded. Any further discussion from the Commission? Call the roll.
Mrs. Dougherty: Mr. Mayor, should we include the quorum to be nine members?
Mayor Suarez: That's a good idea. Either nine or right, I suppose.
Mrs. Dougherty: It's six now. You've increased it to 15, so I suggest a
quorum ought to be nine.
Mayor Suarez: You suggest nine as opposed to a majority? All right. With
those amendments, we have a motion. It's been seconded. Hearing no further
discussion from the Commission. Please call the roll.
F
177 February 13, 1986
F-y,
Pit
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.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Carollo and was passed un its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Nun,
ABSENT: None.
The City Attorney read the ordinance into Line public record and an-
nounced that copies were available to the members of the City Commission and
to tnc public.
-----------------------------------------------------------------
Mayor Suarez: Remember that for advisory councils and any otner boards or
j councils to be functioning and to be effective because of the quorum require-
mencs, you have to remind us to appoint the members and each one of us is to
have the names ready. Sometimes we're involved in a lot of other matters
here .
Mr. Alvarez: I'll take care of that. Don't worry.
Mayor Suarez: I'm sure you guys will do that.
57 CANCEL PRESENTLY EXISTING LEASE WITH OVERTOWN SHOPPING CENTER
Mayor Suarez: Let me just handle item 87 very quickly. I know Herb Bailey
ndLS to leave town and wants to explain to us what's going on in connection
With the Overtown Shopping Center, wnicn is in dire straights, to put it
mildly.
Mr. Dawkins: It doesn't exist.
Mayor Suarez: I didn't know it was as bad as it was. Mr. Bailey, I under-
stand the property was foreclosed at one point and we nad to go rescue it in
court.
Mr. Herb Bailey: Yes, Mr. Mayor.
Mayur Suarez: Wno's the titular owner of that property where the snopping
center is? Is that the Overtown Economic Development?
Mr. Bailey: The City of Miami is the owner and today we've been informed by
the,Cicy Actorney's office that the case nas been cnrown out and we are still,
CIS of tonight, in possession of the shopping center.
Mr. Dawkins: Beg your pardon, run that by me again?
Mr. Bailey: We arc still the owners.
Mayor Suarez: We regained title.
178
February 13, 1986
-
Mr. Bailey: We regained title. We never really lost title. TnaL was d
series of mistakes and errors made by the attorney wno filed the suit. WrldL
has hdppened, our City AtLornvy's office has made LounLer suits and Loday
we've been informed that Lne Cldims have been dropped.
Mayor Suarez: The court seL dside the forcclusurC and juagemenL and so on.
Mr. Bailey: Yes.
Mayor Suarez: Tile reason I had even dsked for tnis to be on the agenda,
because we can very well postpone it. I doii't think we have any short-Lerm
solutions in any event, unless somebody here has one. Was at my request... I
didn't know things were as bad, I guess I should nave suspected things were as
bad as you stated. Basicdily, Commissioner Dawkins has been keeping an eye on
the situation too with the food rotting in the former tenant site in the food
store there, and notning happening in L111S shopping center. How can we get it
otf the ground again? I've been talking to everyone in signt about looking
for an ancnor tenant. That's my conLcrn. That's wny I have it on the agenda.
There may be a host of other problems, but that's the one I'm concerned about.
I mean we need to have that anchor tenant in there. We're looking. I've
asked the Governor, I've asked the Department of Community Affairs, Cu=is-
sioner Dawkins is looking everywnere. We need to get Lhis on Lhe way.
Mr. James Barry: My name is James Barry. I'm the chairman of O.E.D.C. Board
in OverLown. These circumstances that Mr. Bailey has stated here is totally
Wrong. The first thing is we're on our lease agreement here. The internal
revenue told us thdL we could not pay Williams ConsLruction. That's where the
lien came from. The Internal Revenue stopped us from paying Williams Con-
sLruction. O.K., Williams Construction, in return, had writs to do the
tentative improvement. The Internal Revenue held up the monies and told us we
could not pay them and that's where Lhe lien ..... The money is still there
for that lien to be paid off. That's not our fault when the Internal Revenue
Lclla us that we cannot disburse funds to our contractor. We have to adhere
to what the InLernal Revenue says. In turn, Adobe Supplier, they supplied
the stuff for the tenant improvement. They filed cne lien against O.E.D.C.
because that's the only means that they would be able to get Lncir monies.
Adobe did not know that the Internal Revenue had a lien against W11110mS
ConstrucLion that we hired to do the tenant improvement. O.K., O.E.D.C. did
not hire them. Our management firm, Mr. Firr, hired William Construction.
Mayor Suarez: These are quite complicated legal matters you're Lelling us
about. Is there any of tnis that. has to do or tndt impedes obtaining d new
principal tenant for that site?
Mr. Barry: Now, we've been searching everywhere for tenants to come into
Oyertown. The first three tenants that we had into this shopping cen,cr, it
fell through.
Mayor Suarez: Three failed already?
Mr. Barry: No, three young men that we gave d lease to fell tnrougn, because
they did not have enough funds to operate like tney're supposed to. They 1cIL
owing O.E.D.C. $28,000 in rent. Miami Cap, Lhey got Miami Capital...is tnc
one that holds all the merchandise inside that shopping center, the food and
-11 that. Miami Capital is supposed Lo move it but after those young men
move.. O.K., we've been on Miami Capital to move that stuff out of theft. We
had Lo wind up going to get someone to go in there and....
Mayor Suarez.: Let me hold you for a second. What action could tnis Commia-
Sion take Lo change the ieasing conditions so that we could find a tenant,
even if we had Lo make certain concessions?
Mr. Bailey: Mr. Mayor, beiorc I answer that, tncrc's one otncr little thing
I.4 like to point ouL. You have in your packet a clear explanation of wh1t
has happened. We're recommending today, in fact, we have sent a letter... tnc
mdnsgcr has sent a letter giving them seven day notice tnat we cancel Uur
lease arrangemcut with Overtown EcouomiL Development Corporation for tnc
following reasons. In as much as there were errors made in Lne first suiL in
terms of filing against O.E.D.C. as the owners, and that does not relieve
tnem.... chat does not dismiss the possibility that they can come back and
February 13, 1986
179
i
i
re -file on the leasehold interest, and if anyone files on the leasehold
interest, we have an unwanted lessee, and based on the terms of the current
lase, at the end of forty years, Lney now own the property. What we're
trying to do until this lien cdn be satisfied, IS to cancel the lease so thdL
there can be no filing on their leasenold interests and at the time of the
satisfaction of the lien, I think we should come back before this Commission
to determine whdL we do witn O.E.D.C. cis a lessee.
Ms. Ann Marie Adker: I think that's very unfair.
Mayor Suarez: WalL a minute, Ann Marie. We're going to nave an oppurLuniLy
at tnis Commission to approve or disapprove of the cancellation of the ltdse
with O.E.L.C.?
Mr. Bailey: I would like for this Commission, if the Manager so desires, to
Make a motion.
Mayor Suarez: Today?
Mr. Bailey:.... toddy un the matter because it does not prevenL tnt plaintiff I
guess it's the plaintiff, Madam City Attorney- to file tomorrow on the
leasehold improvemenL. If they file tomorrow, on the leostnold interest of
O.E.D.C. then I don't think we can win that one.
Mayor Sure::: Herb, I'm a lawyer and I have no idea what you just _said.
Therefore, I presume the rest of this Commission has even less of an idea. Gr
if they have more of an idea, I'm going to consult them on a lot of legal
matters I have pending in my law office. I really don't tnink we're ready Lo
Lake that kind of action, but we beLter have this item come back rignt up
again at the next Commission meeting and have all kinds of supporting documen-
tation.
Mr. Bailey: If you don't, you run the risk of losing the center.
Mr. Plummer: What does the City Attorney recommend?
Mrs. Dougherty: We recommend that we cancel the lease as well.
Mr. Plummer: Tonight?
Mrs. Dougherty: Yes.
Mr. Plummer: It's on the record.
Ms. Adker: I think this is very unfair. I don't know if everybody concerned
has had a chance ....
Mayor Suarez: You underaLand that does not preclude the City later going
right back....
Ms. Adker: IL'S going to....
Mayor Suarez: ....and leasing it back to O.E.D.C.
Ms. Adker: No, no, I think it's unfair since O.E.D.C. is noL totally respon-
sible for what happened, is what I'm saying. In the first place, the firziL
lien thdt was....
Mayor Suarez: We hear you,
but there are some complicatedlegal rights thdt
could. be lost if we don't
proceed with the cancellation, is whdt L'nvy'ir
telling us.
Ms. Adker: What we're facing
here, since we don't feel as Lhougn you're doing
U
tne.rignt thing by Overtown
is a lot of upset votes. You know, we don't fool
as though we're responsible
for what happened.
Mr. Plummer: Who is?
Ms. Adker: Wno is? You got
M.R. Harrison who was tnt building contractor and
t
management for the shopping
center, who received the first lien, O.I:., and was
in a cdtch-22 like we are, could not pay at. But tnose people did not file a
suit or a claim against that
lien, because they knew tndc I.R.S. nad sent M.R.
February 13, 1986
180
Harrison a letter. Same thing happened in this situation. O.E.D.C.-whdtev-
er- has Firr Management in charge of that shopping center. Firr Management
does all this and they were the ones thdt hired Williams Construction Company.
Williams Construction Company hired Adobe, I mean Ricks, and Ricks got their
supplies from Adobe, which O.E.D.C. 1s out there.
Mayor Suarez: We're not particularly concerned with all of that at cnis
point. How the lien cdme to be and how it came to b� enforced and all of
that....
Ms. Adker: That's right, so ; don't think that O.E.D.C. is responsible.
Mayor Suarez: You should have kept us advised about it all the time; it
would have been very helpful.
Ms. Adker: When we knew, we were the last ones to know.
Mayor Suarez: LEt me ask a question of Mr. Barry -wait a minute- of tnc City
Attorney. Could you run it by us again? What exactly are we... what kind of
rights could we be relinquishing if we wdic to take up this matter at tnc next
Commission meeting and have full documentation on it and an opportunity Lo
hear both sides, including the O.E.D.C.?
Mrs. Dougherty: What. Mr. Bailey is calking about is that the lien or su1L
didn't sue the City as the owner of the property. They sued the O.E.D.C. to
foreclose a lien. What they did is sold the property on the courthouse steps
for $170. The City was literally sold on the courthouse steps. We didn't
know that there was a foreclosure sale. We didn't know there was a defou:t•
We didn't know that this property was sold. We had to set aside that sale and
today we finally got it set aside.
Mayor Suarez: I understand that and congrdcuiations, but....
Mrs. Dougherty: Thank you, but, nevertheless, what they are saying is if we
get back the property in our names as opposed to their names, perhaps they
would not be able to get attached the property In our names because you dll*L
lien City property. You can lien their property and they have a leasenold
interest. So what the City is saying, cancel their leasehold Interest. W,
own the .property and perhaps we can avoid having a lien attdchvd to the
property, the building and structures, as opposed to the land itself.
Mr. Plummer: You're protecting the City's investment.
Mrs. Dougherty: That is (-orrcCt.
Mr. Piummer: What choice do we have?
Mrs. Dougherty: Wilat I would suggest you may want to do is....
Mayor Suarez: The lien didn't attach to the property per se.
Mrs. Dougherty: No, because you can't ever attach City property.
Mayor Suarez: Besides that, we were not served on anything, I gather.
Mrs. Dougherty: Right, but you can't attach City property anyway.
Mayor Suarez: We weren't even a party to the suit initially until we found
out about it somehow.
Mrs. Dougherty: Right. But you can't attach City property anyway.
Heyor,Sua,rez: Now, what can happen that Herb was talking about that could b:
rights validated for forty years or something? I don't understand any of
that.
Mrs. Dougherty: They can ottoCh the land.
that has a property value.
Mayor Suarez: O.E.D.C. you're talking obouL.
Mrs. Dougnerty: Correct.
They have a leasehold interest
181 February 13, 1986
Mayor Suarez: That's not a forty year lease. Is it?
Mrs. Dougherty: It is a forty year lease.
Mayor Suarez: It is a forty year lease. Wow! I didn't know that we gave
leases that....
Mrs. Dougherty: The City gets the property, the building and the structures
at the end. What we're saying is if you attach, if you don't take tnis
action, they can attach she building and premises as opposed to the land, the
structure and perhaps take over.
Mayor Suarez: Tney can attach the laasenold interest is what you're saying.
Mrs. Dougherty: Right, and then take over and foreclose the leasehold
interest and we'd have an unwilling lessee there, one we don't want, one tnat
foreclosed an interest of a former lessee.
Mayor Suarez: Who is the foreclosing party?
Mrs. Dougherty: Adobe Construction Company.
Mr. Bailey: Adobe, and it was bought by Summ,, Capital Corporation.
Mayor Suarez: Who are those poop-e?
Mrs. Dougherty: That's a lawyer in Miami Beach, is the principal of it.
Mr. Plummer: We got it back. Right?
Mrs. Dougherty: Yes, we have it back.
Mr. Plummer: Mr. Mayor, at this time, it might be unpopular, but on tine
r(-Commendatlon of the City Attorney, I make a motion that we follow her
recommendation.
Mrs. Dougherty: Alternatively, what you may want to do is allow us to do so
after investigation and we can present everything to you, if you like. Co
ahead and authorize that the Commission....
Haygr.Suarez: Either my mind is not working at 8:15 p.m. or something is
wrong. I just don't see that is Lhc only way for us to get....
Mr. Bailey: May I make a suggestion?
Mayor Suarez: Yes, what you are saying is we have an opportunity hers that we
didn't have before of getting rid of what could be a valid lien holder. The
People who lose out are the people who have that lease, whether they have done
a good job of handling it or not. That is what it seems like to me that you
die saying. Because they cannot attach on the City's property on the City
itstlf.bccause it's a governmental entity, but it can attach on a leasehold
interest, and you want to cancel on a leasehold interest so that we don't
h4ye.to.worry about the lien without considering the merits or the lien or the
merits of the laasenold or anything else.
Mrs. Dougherty: No, I believe the merits of the lien should be addressed.
Mayor Suarez: We haven't addressed them yet.
Mrs. Dougherty: Well, if they start to foreclose on that leasehold interest,
we're not going to be able to address it.
Moyor.$udrez: Why does the fact that... Is there a race to file first here
or something? I don't get it. I mean couldn't we exercise our right the same
way two weeks from now when the Commission considers this item?
His. Dougherty: Let's assume that they do file on the leasehold interest
tomorrow and it's in their name as opposed to ours. We're not as good a
Position as if it were in our name. We don't nave the same defense as if we
own ehe property.
Y
182 February 13, 1986
Mr. Barry: Mr. Mayor, she just got through saying just a minute ago the City
of Miami owns the lease.
Mayor Suarez: The land, the land, we own the land.
Mr. Barry: We own the land. So how in return could they still file on...
they can't file on the City of Miami because it's still owned by the City of
Miami.
Mrs. Dougherty: They can file on your leasehold interest.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD).
Mrs. Dougherty: No, they filed on the land, whicn was their mistake. Now
they can come back and file on your leasehold interest and take over your
leasehold interest. The City then has a lessee that we don't want.
Mr. Plummer: Maybe.
F-
Mrs. Dougherty: Maybe.
Mayor Suarez: What if O.E.D.C. defends itself from our attempts to take over
the lease?
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mayor Suarez: Are you saying their rights are foreclosed already?
Mrs. Dougherty: No, not at all. We probably would have to go to court to do
that if they don't agree.
Mayor Suarez: Get a lawyer if the Commission decides to do that.
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mr. Barry: This lien....
Mayor Suarez: We're not going to discuss the merits of it tonight, because
we've got a lot of other items. We put this matter on the agenda really just
to find out if we could find a substitute tenant, to tell you the truth. I
didn't know we had this incredibly messed up legal situation, including
foreclosures and everything else, that we just today, coincidentally, got
back title to the property. It's amazing!
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mayor Suarez: The City got back title to the property. Your leasehold
interest is still legally intact, as far as I can tell. Wnat is the
Commission's pleasure on this? We have a pending motion.
Mr. Plummer: The motion is that we follow the recommendations of the City
Attorney.
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mayor Suarez: It's been moved. You know, Ann Marie, really, the matter as
fairly complex legally. You'd do well to get yourselves a lawyer in any
event. We have a motion. Do we nave a second?
Mr. Dawkins: Second, that's what I pay the City Attorney for, to advise us.
If we're going to take her advice, you don't need her sitting over there
paying her $90,000 a year to sit up there and don't follow her damn advice.
Mayor Suarez: It's been moved and seconded. Any further discussion from the
Commission? Call the roll, please.
183 February 13, 1986
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-139
A MOTION ACCEPTING THE CITY ATTORNEY'S RECOMMENDATION AND
DIRECTING THE ADMINISTRATION TO CANCEL A PRESENTLY EXIST-
ING LEASE IN CONNECTION WITH THE OVERTOWN SHOPPING CENTER.
Upon being seconded by Commissioner Dawkins, the motion was passed dnd
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mr. Dawkins: See you in court.
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mr. Dawkins: Nobody.
Mayor Suarez: I think you ought to get legal protection very quickly for
O.E.D.C. Reflect my vote as a no. I don't want to superimpose my legal
opinion on the City Attorney, but I think we could have probably found some
other way of doing it.
Mr. Barry: Thank you.
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mr. Dawkins: No, ma'am, that lease will not be given to them. They are in
Liberty City. You are in Overtown. I will say tnat for the record.
NM FOR THE BECOn: Later same meeting, Vice Mayor Dawkins instructed the
administration to check exact reasoning for decision to cancel above lease.
58 DISCUSSION AND DEFERRAL OF IMPACT FEE ORDINANCE
Mayor Suarez: Commissioner Plummer, do you want to handle the item 86?
Mr. Plummer: Mr. Mayor, very simply, I think that we've had two or three
meetings to look over the impact fee ordinance. It is something we've talked
about and it has been desirous to instigate in this situation. I would ask,
Mr. Mayor, that we exercise a rare option and read it on first reading and
then we can take it up in more depth and detail on second reading, but let's
get it started.
Mr. Carollo: I so move.
Mayor Suarez: So we arc approving....
Mr. Plummer: Item 86, which is the impact fee, which will have to be... I
second the motion... will have to be read by the City Attorney. Then we will
go into heavy discussion of the impact fee at the second reading.
Mr. Odio: J.L., what you should pass is that we come back for the first
reading so we can advertise and ali that.
Mayor Suarez: Yes, we can't do a first reading here.
184
February 13, 1986
f
0
Mr. Odio: No, it was not advertised.
Mayor Suarez: It was a discussion item.
Mr. Odio: It was a discussion item.
advertise it and put it ... .
Mr. Plummer: Unbelievable!
It was not advertised. We need to
Mr. Odio: You asked for a discussion item.
Mr. Sergio Rodriguez: You asked us to do that. We can bring you back....
Mr. Plummer: You guys haven't done anything where what I asked you to do.
I'm not happy witch this ordinance, but at least it's a step in the right.
direction. As far as I'm concerned, any building beside a single family
residence creates an impact.. That person who creates the impact should have
the right not to burden the remaining taxpayers with that impact. They
should pay it. It's just that simple. You guys have got your ways and
wherefores. Mr. Mayor, I understand the legalities. I would ask, for God's
sake, that this thing be advertised.
Mr. Odio: She says we don't have to advertise, so you can go ahead and pass
it today on first reading.
Mayor Suarez: You talked long enough and now we have a different answer.
Mr. Plummer: When you talk too long, they get tired of hearing you.
Mr. Odio: That's why we're paying her to....
Mrs. Dougherty: "AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA AMENDING ARTICLE
BLANK OF THE CODE OF THE CITY OF MIAMI, ADDING THERETO A NEW SECTION BLANt:
IMPOSING AN IMPACT FEE ON DEVELOPMENT WHICH EXCEEDS CERTAIN GROSS FLOOR AREA
RATIOS AS HEREIN DETERMINED IN ORDER TO FINANCE MAJOR PUBLIC FACILITIES, THE
DEMAND FOR WHICH IS CREATED BY SUCH DEVELOPMENT; SETTING FORTH FINDINGS AND
INTENT; PROVIDING THE AUTHORITY THEREFOR; PROVIDING DEFINITIONS; PROVIDING FOR
THE APPLICABILITY OF THE IMPACT FEE; PROVIDING FOR IMPOSITION OF THE IMPACT
FEE; PROVIDING FOR THE ESTABLISHMENT OF EXCESS DEVELOPMENT SUBAREAS; PROVIDING
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 ADMINIS-
TRATION OF IMPACT FEE; PROVIDING FOR BONDING OF EXCESS FACILITY PROJECTS;
PROVIDING FOR THE EFFECTIVE DATE; PROVIDING FOR THE ZONING ORDINANCE; AND
PROVIDING FOR REPEALER PROVISION AND SEVERABILITY CLAUSE."
Mayor Suarez: Have we turned this into a public hearing on this particular
item? Do we need to hear from the public?
Mr. Plummer: We can do it on second hearing. That was my suggestion, Mr.
Mayor.
Mayor Suarez: I just want to clarify that for the record. Prior to voting on
the proposed ordinance, I think you want to be heard on this item, Truly?
Ms. Truly Burton: Yes, I do, thank you. Truly Burton, Government Affairs
Director for the Builders Association of South Florida. My address is 15225
N.W. 77th Avenue in Miami Lakes. Our folks have'taken a look at this and
there are several problems with it that we see. First of all it took a long
time for a builders association to be convinced that impact fees were neces-
sary. Once they got to that position, they felt very strongly that everyone
had to pay. It's a question of equity. The problem that Envy see, first of
all, is the 1.72 ceiling is not equitable. It's not equitable for those
people that have to pay that are above it. Everyone should pay based on their
proportionate share. That is one. Second....
Mr. Plummer: No, no, one seventy-two and up, anything above....
Mrs. Dougherty: She wants everything below too.
Mr. Plummer: I agree with her. Sergio, give her the damn poor excuse you
gave me, and maybe she'll understand it, because I don't. Listen to this,
185 February 13, 1986
because you're making the same argument that I made to ttiem, that it has to
be uniformly applied on everything but single family residences. Now listen
to this high priced excuse. Go ahead.
Mrs. Dougherty: She wants single family too.
Mr. Rodriguez: For the record, the comments that I make are per memo from
Cesar Odio to the Commission dated January 16, 1986. We are going to come
back within the next three months with an impact fee Citywide, which is
different than tnis. The one that we have now is one that we feel completely
comfortable that we can defend in court very well and that is legally defensi-
ble and that is very supportable. Because of that we want to have a very
strong impact fee at this point in case it is tested. We have been told tndL
the capacity of the infrastructure that we have now can handle up to the floor
area ratio of 1.72 because that has been contemplated before in the Comprehen-
sive Plan. Because of that, and because the impact fee can only be applied to
the impact created by this project, and cannot be used to pay back from the
past...
Mr. Plummer: I understand that.
Mr. Rodriguez:...we believe in these three areas of the City, we have enough
information, enough projections that can be defensed.
Mr. Plummer: I am sorry, I did not want to discuss this on the first issu-
ance. What he is really saying to you, is that this is the first step, and
you live to fight the equity portion with me in three months.
Mr. Rodriguez: And I support it!
Ms. Burton: That is a problem - that is really a problem! It is hard for me
to understand how a building that is 1.0 F.A.R. is not going to impact on
roads, on sewer...
Mr. Plummer: We are going to address that. This is their recommendation,
and we are going to address it Citywide in three months.
Mr. Rodriguez: We recognize it does, but...
Mrs. Burton: Okay, let's take that as granted. Let's say that that happens.
The next problem is this - when I look at the impact fee calculations,
particularly for commercials, because there are three sub -areas. There was a
small amount for transportation for commercial, and the rest of the three-
quarters of the impact fee was for parks. Somebody has to convince me now
commercial generates three-quarters of an impact fee, which is a large
amount - 75 percent of the fee goes for parks. A residential use generates a
park need, a school need, and a road need. Commercial generates an enormous
amount of transportation, possibly a little water and sewer, maybe a little
bit for parks, but the way it seems very lopsided to me. I don't understand
that, and neither does my membership. That needs to be taken a look at.
Mr. Plummer: Well, I hope you are making a list, so that you can answer these
on second reading.
Mr. Rodriguez: I can answer it now.
Mr. Odio: He can answer that right now.
Mr. Plummer: We weren't going to discuss it now.
Mrs. Burton: Yes, I heard answers to that yesterday with David and Joe, and I
didn't get.
Mr. Rodriguez: OK.
Mrs. Burton: Third, there
seems to be is very
open ended section in two
sentences that state that plans could be stamped
for possible future impact
fee to be assessed. There is
no number that tells
me what impact fee is going
'
to be assessed. It doesn't
tell me that there is
going to be. It is a very
open ended, and a very scary
thing! Fourth, impact
fees should not be allowed
to play catchup. If you have
infrastructure that have not been put in, that I
think is appropriate for a
bond issue, than again,
the main question is
186
February 13, 1986
equity. If it is going to be paid, everyone should pay their proportionate
fair share.
Mayor Suarez: I think, not only should we hove all of that by the next
hearing, we should have all of that in some kind of a written memo for me to
even consider voting in favor of this. I am concerned that we are spending a
lot of money to try and convince people to locate in Dade County and tnr City
of Miami, on the one hand, to create an incentive for them to build here, and
on the other nand, we are imposing an impact fee that is a disincentive, and
it seems like, you know, we are going counter -purposes here, and I have no
idea what the fees are, really, that are comtemplated, I don't know what they
work out to be.
Mr. Carollo: Why don't we defer it?
Mr. Rodriguez: There is a requirement.
Mayor Suarez: I will definitely entertain a motion to defer.
Mr. Carollo: All right, I will withdraw my second, or the motion. I don't
know which one I made, but anyway, at this point in time, I will make a motion
to defer.
Mayor Suarez: Do we have a pending motion? We lost Plummer in the process
here.
Ms. Hirai: You nave made the motion, Commissioner.
Mr. Carollo: OK, so I withdraw it, and I make a new one for deferment.
Mayor Suarez: We hive a motion to defer. I don't want to deprive Commis-
sioner Plummer, who seems to be most interested in this, so maybe we will take
the vote in a couple of minutes.
59. FIRST READING ORDINANCE: REGISTRATION OF LOBBYISTS.
Mayor Suarez: Let's have item 96 quickly, because I nave a feeling it could
be quick.
Mr. Plummer: Tnat is Joe Carollo's.
Mr. Carollo: Lucia, can you read the ordinance that we have drafted and nds
been passed as a survey today, on 96 please? ... for first reading.
Mrs. Dougherty: Yes, sir, Commissioner Carollo.
(NOTE: AT THIS POINT CITY ATTORNEY READS HEREINBELOW ORDINANCE INTO PUBLIC
RECORD).
Essentially, this requires anybody who is taking any of those actions who is
being paid in a lobbying capacity, whether they are lawyers or anybody else,
from registering, detailing, how much compensation, and how they spend the
money that is...
Mr. Plummer: Does that mean a lawyer has to expose his fee?
Mrs. Dougherty:
Yes, sir.
Mr. Plummer: Even if he is
just representing a client?
Mrs. Dougherty:
That's right.
Mr. Plummer: Ha,
ha, na!
Mayor Suarez: I
personally
could not be more in favor of sometning tndn this
particular item,
but I do nave a couple of legal questions and clarifications,
and that was one
of them.
Is that going to follow the Supreme Court of tnt
State of Florida
regulating
what lawyers can and cannot do?
r
f
187 February 13, 1986
Mrs. Dougherty: This follows the State statute.
Mr. Carollo: You guys are not above the law. You are just like everybody
else!
Mayor Suarez: I've never agreed with the fact that we function under a whole
different system, frankly, as a matter of policy, but I just want to make sure
we don't do something illegal here.
Mrs. Dougherty: There is no case on It; however, this does follow the State
law, with respect to lobbyists in Tallahassee. South Miami has...
Mayor Suarez: It does follow State law?
Mrs. Dougherty: Yes.
Mayor Suarez: I'd love nothing more than to know how much other lawyers make,
in particular, matters that come before us, actually, but, I just wanted to
make sure. How about people who are not...
Mrs. Dougherty: I totally agree with you. There is a potential challenge,
and the Commissioners ought to know this, because, the Supreme Court.
Mr. Plummer: No one will ever challenge that! That is motherhood!
Mrs. Dougherty: All right!
Mr. Plummer: It would have to be a dirty, rotten, sneaky thief who would
challenge that ordinance!
Mrs. Dougherty: A lawyer ain't a thief.
Mr. Plummer: I didn't say it could be other than a lawyer, but a sleezbag!
Mayor Suarez: He doesn't know it but ne is referring to a large enough class,
so that they could never file a libel suit against tnem, because it applies to
all lawyers. How about Southern Bell, F.P. L., people like that, who have
employees that come and...
Mr. Carollo: Absolutely!
Mayor Suarez:... discuss items with us?
Mr. Carollo: Absolutely, they have got to file as lobbyists too.
Mrs. Dougherty: Yes, they would have to register as well.
Mayor Suarez: You are for uniformity, aren't you? Fairness Wnat about people
who are not paid - civic activists, community activists, and so on?
Mrs. Dougherty: If they are not paid, and if they are representing them-
selves, it is not required.
Mayor Suarez: Well, not just themselves. They could be representing a civic
association, can they? Can they not?
Mrs. Dougherty: Under the reading of this, they have to be non -compensated,
and they must be representing themselves.
Mayor Suarez: So Pat Skubish, and Grace Rockefeller, and Ann Marie Adker...
Mr. Plummer: Would have to be paid lobbyists.
Mayor Suarez: I hope we could ... you know, and if this is your intention ...
r-"
is it your intention to include people that are not paid, or are just civic
activists, and so on?
Mr. Carollo: No, no, the intention, as it was made clear, is to...
d
Mayor Suarez: Can we suggest a modification along those lines, or, at least
t"
rN.
for the second reading?
14"
188 February 13, 1986
Mr. Carollo:... include people that are paid lobbyists.
Mayor Suarez: Do we exclude unpaid lobbyists? I mean, civic activists and
people like that? Just the forms they are going to have to fill out...
Mr. Plummer: Please don't! Include them all.
Mayor Suarez: Yes, I mean...
Mr. Plummer: Hey, you walk in my office - "You don't snow me your license, I
can't talk to you!" How about unions? How about unions?
Mr. Carollo: We could...
Mr. Plummer: No, no! They are not excluded. They are lobbyists. God, if
anybody is a lobbyist, in this town!
Mr. Carollo: Let's gu witn the ordinance on first reading. We will nave time
to modify some errors for the second reading. At least the...
Mayor Suarez: OK, those would be two cnings that I want to consider really -
unpaid people, and units who are collective bargaining units that come under
all kinds of otner...
Mr. Carollo: Well, those areas, I think, are open for modification.
Mr. Plummer: Call the roll.
Mayor Suarez: OK, witn those reservations in mind, at least, from my own
perspective, for the next reading, call the roll, please.
Ms. Hirai: Mr. Mayor, I need a second on the motion.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded.
AN ORDINANCE ENTITLED -
AN ORDINANCE PROVIDING FOR DEFINITIONS OF LOBBYIST AND
PRINCIPAL; REQUIRING THE REGISTRATION OF LOBBYIST ON
CERTAIN FORriS, REQUIRING QUARTERLY REPORTING OF
RECEIPTS, EXPENDITURES, AND SOURCES OF FUNDS OF ALL
PERSONS EMPLOYED OR RETAINED BY PRINCIPALS SEEKING TO
ENCOURAGE THE PASSAGE, DEFEAT, OR MODIFICATION OF ANY
ORDINANCE, RESOLUTION, ACTION OR DECISION OF THE CITY
COMMISSION OR SEEKING TO ENCOURAGE PASSAGE, DEFEAT OR
MODIFICATION? OF ANY ACTION, DECISION. RECOMMENDATION
OF ANY BOARD, COMMITTEE, CITY MANAGER OR THEIR RE-
SPECTIVE 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.
Was introduced by Commissioner Carollo and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins*
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
*NOTE: Althougn absent at roll call, Vice -Mayor Dawkins later asked of the
Clerk to be shown voting with the motion.
189 February 13, 1986
i
3
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.
60. PEOPLE WHO APPEAR BEFORE THE. COMMISSION MAY BE PUT UNDER OATH.
Mr. Plummer: Can we reinstitute that everybody that comes before this Commis-
sion has to be sworn under oath? We did that for a while, and I tell you, it
worked, very, very well.
Mayor Suarez: A lot less lying, IS that what you are telling us?
Mr. Plummer: That is why I think I will ask a motion be drawn at this time,
that City Attorney be instructed to bring back before this Commission, the
people testifying before this Commission, be placed under oath, in particular-
ly on zoning matters.
Mayor Suarez: You know, I think if you were going to do that, from my per-
spective, it might make more sense to do it on matters like zoning matters,
where typically we hear from technicians or property owners that are asking
for certain things, and not just a general thing, because to have everyone to
be sworn in here who comes to talk about anything, would be a bit much, but I
have no problem with the preparation of any kind of a...
Mr. Plummer: I offer that in the form of a motion.
Mrs. Kennedy: Second it.
Mayor Suarez: It has been moved and seconded, and thirded, and everything
else!
Mr. Carollo: I call the five day rule on it.
Mr. Plummer: What?
Mr. Carollo: I invoke the five day rule on it!
Mr. Plummer: Fine, we will do it at the next meeting.
Mrs. Dougherty: Mr. Mayor, wanted just to clarify...
Mayor Suarez: Yes, at this point, what we are doing is having something
drafted. Are you serious that you want this drafted?
Mr. Carollo: That's all we want to do.
Mr. Plummer: If they are going to draft it for the next meeting, that is
f ine .
Mayor Suarez: OK, that is all we are doing.
Mr. Carollo: That is all we want to do, draft for the next meeting, study
it...
Mayor Suarez: We are just making them work a little more.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-140
A MOTION DIRECTING THE CITY ATTORNEY TO BRING BACK APPRO-
PRIATE LEGISLATION IN ORDER THAT PEOPLE WHO APPEAR BEFORE
THE CITY COMMISSION MAY BE PUT UNDER OATH, PARTICULARLY IN
ZONING MATTERS.
190
February 13, 1986
Upon being seconded by Commissioner Kennedy, the moLion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: None.
ON ROLL CALL:
Mr. Carullo: "Yes", and I recommend that we buy the City Clark a larger
bible.
Mayor Suarez: I am going to vote "no" on that. I don't even chink we need Lo
draft that.
Mrs. Dougherty: Mr. Mayor, I just wanted to...
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: I hope we have official immunity from libei suiLs against us
some of the statements that have been made around here.
. .. .......... ..........
61. REFER TO MANAGER MATTER OF FIRE DEPARTMENT UNIONS.
Mr. Plummer: Mr. Mayor, I would like to bring up at this time... as we know,
it has been long drawn out union negotiations. Fire Department has gone to a
special master. I would like to offer a motion at this time, if nothing is
worked ouL between now and the 27th of the month, that the matters be brought
before the Commission.
Mr. Odio: Oh, oh, excuse me. What do you mean? The special master has to
rule, and he won't be ruling until the end of March, so there is no way we
can...
Mayor Suarez: They have invoked the special master.
Mr. Plummer: It still doesn't preclude our hearing the matter.
Mr. Odio: Well, then you are precluding the special master.
Mr. Plummer: No, not necessarily.
Mr. Odio: OK!
Mayor Suarez: Does the fact that the procedure has been invoked preclude us
from considering it, during the meantime, Madam City Attorney?
Mr. Plummer: If that is illegal, I am sorry.
Mayor Suarez: That is what I am asking. .
Mr. Odio: I don't think it is illegal. I don't know...
Mr. Plummer: I don't see how it can be. The master's recommendation is not
binding upon us, whatever he recommends.
Mr. Od io : Why did we go to the special master, then, it you going to rule
before they hear them?.
Mayor Suarez: They invoked the special maSLCr. They should nave to wait
t #
until the special master gives a recommendation, don't you think? That
f
doesn't preclude the other unions that didn't go to a special master.
Mr. Odio: That's right.
191 February 13, 1986
n
s
Mr. Plummer: I will tell you what. Let's schedule it. It doesn't necessdri-
ly mean we have got to hear it.
Mayor Suarez: As far as I am concerned, you don't even have to make thdt into
a motion. Anything you request to be scheduled for the next meeting will be
so scheduled, including that item, whim I...
Mr. Plummer: If there is no objection.
Mr. Odio: March 13th?
Mr. Plummer: No, the ... well okay, the 13th. I'm sorry, we are trying to
hold it all to zoning. The next regular Commission meeting.
Mayor Suarez: I would suggest as a friendly amendment, or suggestion, that
we don't include those who have sought the special master, and include the
other ones.
Mr. Plummer: No, got to treat them all fair.
Mayor Suarez: You want them all together.
Mr. Plummer: You have got to treat them all fair.
Mayor Suarez: Might put them in an interesting situation, through, wanting
to...
Mr. Plummer: Well, but you see, the others have not gone to the master. Tney
have not invoked that, just the Fire Department.
Mayor Suarez: Right.
Mr. Plummer: So, you know,.that doesn't hold water that you are going to hear
the Police, and Sanitation, and you are not going to near the other, because
they didn't invoke the master, and tnen you are going to have the others
invoking the master, and this damn thing is going to go on forever!
i
Mayor Suarez: No, the others may want us to handle their petition.
Mr. Plummer: Well, I am just making a motion, a simple motion!
Mayor Suarez: Yes, all we are doing is scheduling it, at this point.
Mr. Plummer: That if the matter is not resolved prior to the meeting of the
13th, that it be brought before the Commission.
Mr. Odio: Well, I can inform you right now that it will not be resolved!
Mr. Plummer: I don't want you to travel with that attitude.
Mr. Odio: No, sir, because we have to whit...
Mr. Plummer: You can settle with the police , there is no special master.
You can settle with Sanitation.
Mr. Odio: Oh, I am talking about the Fire Department.
Mr. Plummer: I thought it was Sanitation.
Mr. Odio: No, no. I am talking to the Fire Department only.
Mayor Suarez: You don't even need to make it into a motion. I will see to it
that we have this matter on the agenda for full discussion at the...
" Mr. Plummer: March 13th.
Mayor Suarez:... March 13tn Commission meeting.
Mr. Plummer: Not the Zoning.
Is
192 February 13, 1986
Mayor Suarez: I think we are all pretty desperate to get this resolved, and I
am not sure how it affects those that have sought the special master, but I
believe we are going to consider all of yuu, from the...
Mr. Don Teems: OK, Mr. Chairman, it doesn't affect you one way or the utner.
You are not affected by the special master ruling, good, bad, or otherwise,
and you can do anything you want, anytime.
Mayor Suarez: Well...
Mr. Odio: Yes, but the difference is, we will not be negotiating w1Cn you,
until we hear from the special master.
Mr. Teems : No, Mr. Manager, the specific d irec L ions of the special mas Ler
was for us to do that - to negotiate between now and the time he renders d
decision.
Mayor Suarez: OK, so we are going along with the special master then, even as
to the Fire Fighters.
62. GRANT WINE/BEER PERMIT AND CLOSURE OF STREETS FOR KIWANIS CLUB OF LITTLE
HAVANA "PASEO".
Mayor Suarez: We have personal appearance - very quickly, Calle Ocho, Carni-
val Miami - that is not your item though. You have got a couple of others
that we will try to get to as quickly as we possibly can.
Mr. Odio: Yes sir, they withdrew their request, and all they are asking, is
that we pass a resolution granting permission to sell beer and wine in coanec-
tion with the event "Paseo" to be held on March 2nd on Flagler Street and S.W.
1st Street, between 17Ln and 22nd Avenue.
Mr. Plummer: So moved.
Mr. Odio: And the closure of the streets, of course.
Mayor Sudrez: It has been moved, do we have a second?
Mr. Kennedy: Is Lhdt Calle Ocho?
Mayor Suarez: Moved and seconded. Please second. Give me a second. Gave me
a minute? I need a second on that motion.
Mr. Plummer: I moved it.
Mrs. Kennedy: Second.
Mayor Suarez: It has been moved and seconded. Please call the roll on it,
hearing no further discussion from the Commission.
The following resolution was introduced by Commissioner Plummer, wnu
moved its adoption:
RESOLUTION NO. 86-141
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,
THE REQUEST OF THE KIWANIS CLUB OF LITTLE HAVANA TO SELL
BEER AND WIND FOR A ONE DAY PERIOD IN CONNECTION WITH CAR-
NIVAL MIAMI'S PASEO TO BE HELD MARCH 2, 1986 ON WEST
FLAGLER STREET AND S.W. FIRST STREET; SUBJECT TO THE
ISSUANCE OF ALL PERMITS REQUIRED BY LAW.
(Here follows body of resolution, omitted nere
and on file in the office of the City Clerk.)
34
193 February 13, 1986
�Y i
i
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Comm issiuner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carolio
63. DAVID PLUMMER TO PROVIDE TECHNICAL SERVICES IN PREPARATION OF A DOWNTOWN
PLAN AND DEVELOPMENT OF REGIONAL IMPACT APPLICATION.
Mayor Suarez: Let me take up item 61 and 62. I see Willy has been waiting
all day on these.
Mr. Sergio Rodriguez: Item 61 is an item tndt was approved previously to do d
D.R.I. for downtown and the...
Mayor Suarez: No, we need to have them...
Mr. Rodriguez: We need somebody to approve the selection of the consultant
that hds already been selected, and the contract tnat had been negotiated
already.
Mayor Suarez: This is the famous downtown D.R.I. that we got through the
South Florida Regional Planning Council, unanimously, as incredible as tndt
may seem? And we need to put this out to a consultant? We can't do this in
house, right?
Mr. Rodriguez: Derinitely.
Mayor Suarez: All right. We're authorizing the City Manager to execute the
negotiated agreement in a form already negotiated, in a form acceptable to the
City Attorney between the City of Miami and David Plummer and Associates,
Inc." David Plummer, and Associates.
Mr. Rodriguez: This is David Plummer and Associates, William, Russell and
Johnson, and Bermello, Kurki and Vera. This is for downtown D.R.I. The
other one you are talking about...
Mr. Dawkins: This is the people.... I mean we're going to hire all of them.
Mr. Rodriguez: Right.
Mr. Dawkins: Move it.
Mayor Suarez: It has been moved, do we have a second?
Mrs. Kennedy: Second. We are Just ratifying what we did in June, correct?
Mr. Rodriguez: They have already been selected. This is a contract to pay
them.
Mayor Suarez: Right. It is moved and seconded. Commissioner Kennedy second-
ed, right? Item 61, approving your relative David Plummer to...
Mr. Plummer: I wish!
Mr. Rodriguez: D.R.I. he was already selected by you. It is Just the COLI-
tract tnat we have been negotiating now before you.
Mayor Suarez: Yes, we had previously agreed to the essential terms. This is
just authorizing the execution of a negotiated agreement. It has been moved
and seconded. Any further discussion from the Commission? Please, call the
roll.
4
194 February 13, 1986
7
1
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-142
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND DAVID PLUMMER AND
ASSOCIATES, INC. TO PROVIDE NECESSARY PROFESSIONAL AND
TECHNICAL SERVICES TO ASSIST IN PREPARATION OF A DOWNTOWN
PLAN AND DEVELOPMENT OF REGIONAL IMPACT APPLICATION FOR
DEVELOPMENT APPROVAL AND SUBSEQUENT DEVELOPMENT ORDER,
USING PREVIOUSLY ALLOCATED FUNDS TO COVER THE COST OF SUCH
SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
NOES: None.
ABSTAINED: Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
NOTE FOR THE RECORD: MAYOR SUAREZ ASKED LATER TO BE SHOWN AS ABSTAINING ON
THIS MOTION. SEE EXPLANATION AFTER RESOLUTION 85-143 SHOWN HEREINBELOW.
64. "ECONOMIC STUDY OF THE MIAMI RIVER" BY ZUCHELLI HUNTER AND ASSOCIATES.
Mayor Suarez: Now, item 62, I see the say the name of Laventhol and Horwatn.
Mr. Plummer: No way!
Mayor Suarez: It seems to create problems every time around here.
Mr. Dawkins: Move it. Move it.
Mr. Plummer: No way! No, they will give me a subsidy on the Miami River!
Mayor Suarez: On item 62, who is the recommended provider?
Mr. Rodriguez: There are three groups that have been recommended by the
Manager, as being the top three consultants. Chesapeake Group includes also
Urban Information...
Mr. Plummer: I move Lhc Cheseapeake Group.
Mr. Dawkins: Who are they, and where do cney come from?
Mr. Rodriguez: From Maryland,.and they have as subconsultancs, Urban Informa-
tion Associates, Albert Ptrez, Associates, and Metric Engineering. Number
two, or second one...
Mayor Suarez: Is this a ranking?
Mr. Rodriguez: No, there is no ranking here.
Mayor Suarez: There is no ranking.
Mr. Dawkins: What minorities do they nave on their board?
Y ; 195 February 13, 1986
I
I
Mr. Rodriguez: Beg your pardon?
Mr. Dawkins: What minorities do they have?
Mr. Rodriguez: Al Perez is a Latin minority, and Metric Engineering is Latin
minority owned. The other one is Laventhol and Hurwath, and its subconsultant
is Patricia Mellerson, female Black minority, and the Roma Architect. The
third one is Zuchelli Hunter and Associates, and subconsultant is Bermello,
Kurki and Vera, which is Latin minority.
Mr. Dawkins: The first one had what kind of minority?
Mr. Rodriguez: The first one is two Latins, the Chesapeake Group.
Mr. Dawkins: Two Latins.
Mrs. Kennedy: Is that your second choice?
Mayor Suarez: Do we have any preferences among the three?
Mr. Dawkins: J.L. just nominated somebody.
Mr. Plummer: I just took the first one, Chesapeake Group.
Mayor Suarez: But, you are not ranking tnese. We could take any of the
three, right?
Mr. Plummer: No, we are ranking them.
Mrs. Kennedy: Excuse me, my question is, is that the second choice?
Mr. Odio: No, we are not!
Mr. Plummer: We are not? I am sorry, we are not ranking them.
Mr. Rodriguez: The recommendation from the City Manager is these are the top
three ranking firms.
Mr. Dawkins: All right, I will go with Chesapeake.
Mr. Plummer: The Chesapeake?
Mrs. Kennedy: Yes, we need d ...
Mr. Plummer: Move it.
Mayor Suarez: Do you wish to be heard? I think we have one representative,
one of the three here. Does the Commission want to hear from him? You just
got your chance for about 45 seconds.
Mr. Willy Bermello: Mr. Mayor and Commissioners, I have nothing to say, all
three firms are very qualified, but I can only speak for myself. I was
interested enough to stay until this late night, because I am interested in
the project, but I obviously defer to your choice.
Mr. Plummer: Wait a minute. Are you Zuchelli?
Mr. Bermello: My firm is associated with Zuchelli and Hunter. Zuchelli and
Hunter is presently finishing an economic analysis for downtown Miami, and
they are really the foremost economists in the country.
Mr. Plummer: Excuse me, and Chesapeake is from where?
Mr. Odio: Maryland.
Mr. Plummer: I am sorry, I will back up. Give it to local people. I am
going to change my motion. Give it to the local people, Zuchelli and Hunter.
Mayor Suarez: Sergio, what? I am sorry, you hdve that doubtful look on your
face. It worries me. Any look on your face worries me, actually, but...
196 February 13, 1986
Mr. Rodriguez: They are all from Maryland. Thank you, sir. All the three
firms are very good choices, but I want to clarify that for the record that
Chesapeake Group is from Maryland and Zuchelli Hunter Associates is also from
Maryland.
Mr. Plummer: No, this man is from Miami.
Mr. Rodriguez: He is the subconsultant. I just want to make sure you know
what you're doing.
Mr. Dawkins: Who is the subconsultant With the others?
Mr. Rodriguez: For Cneseapeake Group is Al Perez - Alberto Perez, the Metric
Engineering, which are Latin minority owned and then urban Information...
Mayor Suarez: They are local people?
Mr. Rodriguez: Lucal.
Mrs. Kennedy: They are all local people, but I don't know Al Perez. I ndd
worked with Willy Bermello for many years. I know his professional work very
well, so I move to give it to Gucnelli Hunter and Associates.
Mr. Dawkins: I am going to vote with it, but I get tired of Bermello getting
all the business and nobody else don't get any.
Mr. Plummer: Yes.
Mayor Suarez: One last time just to be absolutely sure before we voLe. Do we
have any representatives or subconsultants (I never even heard the term
before) from any of the other groups here?
Mayor Suarez: I just realized, the middle one!
Ms. Middle one. I am from the first group, obviously that is not
being recommended. I sat through the whole ...J. L., I understand your
concerns. I would like to get the job. I understand what yuu are saying. I
have heard of your concerns with Ldventnal. I would still ask to get the job,
but I did not at this time, I would like to come back to you in some other
capacity, and I would like to be given that opportunity to work for you in
some capacity, whatever that migtic be.
Mayor Suarez: And not in another life!
Ms. Not in another life, and very soon!
Mayor Suarez: Fair enough. Thank you. Do I hear any motions from this
Commission than? Do we have one pending?
Mrs. Kennedy: I made - I moved.
Mayor Suarez: For Zuchelli? To clarify for the record, I think the reference
is to Zuchelli Hunter and Associates. It has been moved. Do we have a
second? It has been seconded. Any further discussion from the Commission?
Please call the roll.
197 February 13, 1986 F;
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-I43
A RESOLUTION BASED UPON THE RECOMMENDATIONS OF THE CITY
MANAGER AND THE SELECTION COMMITTEE CONCERNING CONSULTANT
SELECTION FOR THE PREPARATION OF AN "ECONOMIC STUDY OF THE
MIAMI RIVER"; CHOOSING THE NAME OF ONE OF THE MOST QUALI-
FIED PROVIDERS: THE CHESAPEAKE GROUP; LAVENTHOL AND
HORWATH, OR ZUCHELLI HUNTER AND ASSOCIATES; AUTHORIZING
THE CITY MANAGER TO ENTER INTO CONTRACT NEGOTIATIONS WITH
THE CITY COMMISSION'S CHOICE; AND FURTHER INSTRUCTING THE
CITY MANAGER TO SUBMIT THE NEGOTIATED AGREEMENT TO THE
COrDIISSION FOR APPROVAL PRIOR TO EXECUTION THEREOF.
(Here follows body of resolution, omitted nere
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
NOES: None.
ABSTAINED: Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
Mayor Suarez: As in the past, let me clarify for the record, I have a brJtner
who works for Willy Bermello. Does tnat create a conflict for me?
Mr. Dawkins: Yes.
Mr. Plummer: For sure.
Mayor Suarez: You told me in the past that it does not, as long as I don't
have any financial interests.
Mrs. Dougherty: Yes, but your direct relatives may not have a financial
interest either. Let me just check the law.
Mayor Suarez: Reflect an abstention.
Mrs. Dougherty: Very good.
Mayor Suarez: Thank you. Let me make one last clarification. Willy, is your
company directly involved in item 61? Snould I reflect an abstention on tnat
also, please? Will it still pass, or do we have to redo it? What was the
vote on item 61?
Ms. Hirai: It does, Mr. Mayor.
Mayor Suarez: Assuming your interpretation that I must abstain on 62, I must
also abstain on item 61.
198 February 13, 1986
65. RELOCATION OF THE "PINE HEIGHTS PARK: AS REQUESTED BY OPHTHALMOLOGY
RESEARCH FOUNDATION AND SOUTH FLORIDA BLOOD SERVICE FOR JOINT REPLATTING
OF "MEDICAL SUBDIVISION".
Mr. Plummer: Mr. Mayor, I am informed that d lady is here on item 79 in the
audience. It is probably one of the last of the items of the public. I am
told by the Administration that this is to the City's benefit.
Mayor Suarez: Which item? I'm sorry.
Mr. Plummer: 79. This is swapping one piece of land for something...
Mr. Odiu: We certainly recommend this, Commissioners.
Mr. Plummer: Why do you recommend it, quickly.
Mr. Odio: The relocation of Pine is desired, because it would provide more
usable facilities. We nave... if you would go anedd ad explain It to him.
Mr. George Campbell: Well, right now, the existing Pine Island Park is about
8,400 square feet. It is nog well maintained. It is backwater. You have a
copy, I believe, of the tentative plat in your files, sir.
Mr. Plummer: Where is this?
Mr. Campbell: This is up between 15tn Street and 17th Street, 8th Avenue.
Mr. Plummer: By Highland Park?
Mr. Campbell: Up by Highland Park.
Mr. Plummer: OK, what are we swapping for what?
Mayor Suarez: We are getting a lot more land, are we not, than we had?
Mr. Dawkins: No, we are not.
Mayor Suarez: Why do I keep seeing people shaking their heads, "yes", and
then an emphatic Commissioner shaking his head and saying "no"? Who is right?
Ms. Patricia Fletcher: Let me introduce myself. I am Patricia Fletcher, and
I am an attorney with Mershon Sawyer, and I represent Ophthalmology Research
Foundation and the South Florida Blood Service. The research foundation is
associated with Bascom Palmer and the blood service.
Mayor Suarez: That all sounds very nice, but what we need to know, is are we
getting more land than what we nad?
Ms. Fletcher: Yes.
Mr. Dawkins: Where?
Mayor Suarez: Can you show it to Commissioner Ddwkios and myself so we can be
convinced, and anyone else who is interested.
Mr. Dawkins: Where is the other map you came to me with?
Mr. Campbell: They are giving us 11,000.
Mr. Odio: Sir, they had 1,100 square fret, and we are getting 11,000. They
are also agreeing to maintain the park in perpetuity.
Mr. Dawkins:
Put the map
up there that I am interested
in, please.
Mayor Suarez:
Yes, you
kind of switched on us there,
the oue I saw!
Mr. Dawkins:
OK, now,
I said that little spot right
above the land tnat nas
been ,
that spot
right in tnere should go with
the bottom land, or we
give up sometning.
sk-
199
February 13, 1986
. I #
Mayor Suarez: There is a comparison, by the way, that you told us, just to
clarify, is approximately 1,000 square feet.
Ms. Fletcher: This is 8,400.
Mayor Suarez: 8,400.
Ms. Fletcher: This is 11,000.
Mayor Suarez: To 11,000, so we are...
Ms. Fletcher: Plus this landscape buffer.
Mr. Dawkins: OK, the landscape was not set off to (INAUDIBLE NOT USING
MICROPHONE) I keep telling you that!
Ms. Fletcher: I know, but the park is 8,400, and what you are getting as
11,000, plus you are getting...
Mr. Dawkins: No, you arc giving me 20 feet in here, and you are taking 20
feet out there. I don't care about ... you care about the inside, I don't
care about the outside.
Mr. Fletcher: This is 8,400...
Mr. Dawkins: Are you going to give up that piece down there? All right, I
will defer it until they can come and see me, please.
Mr. Campbell: May I clarify something, Commissioner?
Mayor Suarez: Yes, go ahead.
Mr. Campbell: The strip that was mentioned, along the edge, there, is addi-
tional right of way, which is being required. The right of way for 4tn Avenue
was zoned 40 feet, and we, the Department have required an additional 20 feet
for right of way along there, which will be landscaped.
Mr. Plummer: Yes, but that is their obligation to do.
Mr. Campbell: Not really, no, sir, because...
Mr. Plummer: Well, it is not our obligation to move the park, either.
Mr. Campbell: That's true.
Mr. Fletcher: My understanding is that Commissioner Dawkins would like tnis
piece right here. It is about 2,500 square feet. We are willing to add an
additional 2,500 square felt to the park, although this particular shape
wouldn't be very good for our development plan.
Mr. Dawkins: Would it be good for my park? It would not be.
Ms. Fletcher: No, the same number of square feet.
Mr. Dawkins: Where?
Mayor Suarez: Where would you give it to us?
Ms. Fletcher: Just straight across the top.
Mayor Suarez: Straight across the top? Which would make that portion thick-
er?
Ms. Fletcher: Yes, in other words, what Commissioner Dawkins wants...
Mayor Suarez: We could play baseball on it.
Ms. Fletcher:... is this little piece here, and we are saying we will give you
the exact same number of square feet, but straignt nere.
200 February 13, 1986
Mayor Suarez: Same size, but all the way across. Why don't you draw it on
here.
Mr. Dawkins: You can't take it all the wdy across, because we are closing up
the street is already mine. You are not giving me anything! The street is
already mint!
Mayor Suarez: She is giving you a total of 2,500 more feet, not including chc
street, right?
Ms. Fletcher: Fine.
Mayor Suarez: Not including the street?
Ms. Fletcher: Fine, no problem.
Mayor Suarez: Want to draw it on here real quick, so we can all see what it
looks like. Just put a little dotted line across there, more or less, where
it might go. We like things as pictorially obvious as possible, here. Now
we can play baseball there.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Can't play baseball there?
Mr. Dawkins: I move it.
Mayor Suarez: It has been moved. Do we have a second? Please second it,
someone!
Ms. Fletcher: We need the Commissioner, according to the Legal Department,
and the Public Works Department, we need the Commission to make a motion
approving our plans to relocate the public park before we can go through with
the vacation and relocation proceedings.
Mayor Suarez: That is what we art doing, isn't it?
Ms. Fletcher: OK, I just wanted to make sure.
Mr. Campbell: You are giving approval to this so that they can get...
Mayor Suarez: But, now that we have a new configuration, that will be includ-
ed also in the motion as requested by Commissioner Dawkins. We have a motion.
Do we nave a second?
Mr. Plummer: Yes, sir.
Mayor Suarez: It has been moved and seconded. Hearing no further discussion
from the Commission, Call the roll, please.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 86-144
A MOTION ACCEPTING A REQUEST SUBMITTED BY THE OPHTHALMOLO-
GY RESEARCH FOUNDATION INC. AND THE SOUTH FLORIDA BLOOD
SERVICE FOR JOINT REPLATTING OF THEIR PROPERTIES (TENTA-
TIVE PLAT "MEDICAL SUBDIVISION") FURTHER ACCEPTING THEIR
PROPOSAL WHICH CONTEMPLATES CLOSURE OF SEVERAL STREETS AND
THE RELOCATION OF THE "PINE HEIGHTS PARK" FROM THE CENTER
OF THE AREA TO THE SOUTH END OF THE PROPERTY, WITH CER-
TAIN PROVISOS.
Upon bring seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote-
201 February 13, 1986
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
66. LITIGATION WITH MIAMI HERALD
Mayor Suarez: Item 49 is a settlement with the Miami Herald.
Mr. Plummer: Mr. Mayor, on item 49, I have met with the people. I don't know
if the others nave had the opportunity, and based on that, I had written into
the settlement that nothing herein contained modified or expanded the present
state law. That then became agreeable to me, and if anyone else is in ac-
cord, I would move item 49 be approved.
Mrs. Kennedy: Second.
Mayor Suarez: It has been moved and seconded. Oy, it has been moved and
seconded. Any further discussion from the Commission? Hearing none, please
call the roll.
( TAPE 19 )
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-145
A RESOLUTION AUTHORIZING AND APPROVING THE SETTLEMENT
STIPULATION ON BEHALF OF THE CITY IN U.S. DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA CASE NO. 84-2918-CIV-KING,
THE LITIGATION FILED BY THE MIAMI HERALD PUBLISHING COMPA-
NY AGAINST THE CITY OF MIAMI AND THEN MAYOR MAURICE A.
FERRE AND CERTAIN AIDES OF THE MAYOR, FURTHER PROVIDING
FOR THE PAYMENT OF ATTORNEY'S FEES IN SAID LITIGATION.
(Here follows body of resolution, omitted here
and on file in the Oft ice of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
67. SUPPORT GWEN MARGOLIS BILL IN STATE LEGISLATURE
TO CHANGE D.D.A.
MILLAGE.
Mayor Suarez: Item 91.
Mr. Plummer: I think Senator Gwen Margolis is going
to introduce the
legisla-
tion in Tallahassee to revert the D.D.A. and its
funding back to
the old
conception statewide. This is to ask this Commission to support tnat action
that she is going to present to this session of the
legislature. I so move.
Mayor Suarez: It has been moved.
202
February
13, 1986
�y
Mrs. Kennedy: Second.
Mayon Suarez: Seconded. Any furtheL discussion? Please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-146
A RESOLUTION URGING THE FLORIDA LEGISLATURE TO ADOPT THE
ATTACHED AMENDMENT TO SECTION 200.001, FLORIDA STATUTES,
WHICH AMENDMENT SETS FORTH THE CRITERIA FOR CERTAIN DOWN-
TOWN DEVELOPMENT AUTHORITIES THAT WILL DETERMINE THE
ELIGIBILITY OF SAID AUTHORITIES TO BE CONSIDERED AS INDE-
PENDENT SPECIAL DISTRICTS.
i
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
68. RESCHEDULE COMMISSION MEETING OF FEBRUARY 27TH TO START AT 2:00 P.M.
Mayor Suarez: Any items that absolutely nave to be handled?
Mr. Odio: Yes, changing the next meeting to 2:00 P.M. in the afternoon - the
resolution.
Mayor Suarez: We have a resolution. I don't think anyone would disagree witn
that.
Mr. Plummer: So moved.
Mayor Suarez: It has been moved, do we have a second? We would meet at 2:00
P.M. instead of 9:00 A.M., at the next meeting. We nave a motion, do we have
a second, please, meeting at 2:00 P.M., as opposed to 9:00 A.M.
Mr. Dawkins: Seconded.
Mayor Suarez: Moved and seconded. Any further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-147
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION
MEETING OF FEBRUARY 27, 1986 AT 9:00 A.M. TO TAKE PLACE ON
FEBRUARY 27, 1986, AT 2:00 P.M.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon bring seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following VOLe-
203 February 13, 1986
Z
is
r,.
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Cdrollo
NOTE FOR THE RECORD: DEFER ITEM 60 (MIAMI CAPITAL IMPROVEMENT PROGRAM.
69. AMEND AGREEMENT WITH HAITIAN TASK FORCE, INCREASE FUNDS.
------------------------------------------------------------------------------
Mayor Suarez: Item 50.
Mr. Dawkins: So moved.
Mayor Suarez: Item 50 has been moved. Do we have a second?
Mr. Plummer: Item 50? Yes, I second the motion.
Mayor Suarez: Item 50 has been moved and seconded. Any discussion from the
Commission? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-148
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
THE APRIL 25, 1985 CONTRACT WITH THE HAITIAN TASK FORCE,
INCREASING THE AMOUNT OF FUNDS PROVIDED UNDER ITS FISCAL
YEAR 1985-86 NEIGHBORHOOD ECONOMIC DEVELOPMENT CONTRACT
IN AN AMOUNT NOT TO EXCEED $29,164, WITH ADDITIONAL FUNDS
ALLOCATED THEREFOR FROM 6TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAMS FUNDS; FURTHER PROVIDING FOR THE
EXTENSION OF THE EXPIRATION DATE OF SAID CONTRACT FROM
FEBRUARY 28, 1986 TO JUNE 30, 1986, FOR THE PURPOSE OF
AUGMENTING THE CONTRACTOR'S OPERATION TO PROVIDE CONTIN-
UED ECONOMIC DEVELOPMENT SERVICES TO THE LITTLE HAITI
COMMERCIAL NEIGHBORHOOD AREA.
(Herr follows body of resolution, omitted ncrc
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, tnt resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Millar J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
204 February 13, 1986
70. PURCHASE TWO PARCELS OF LAND WITHIN OVERTOWN.
------------------------------------------------------------------------------
Mr. Odio: Item 55, we must buy that property, so we can build the arena.
Mr. Dawkins: Move item 55.
Mr. Plummer: What parcel is that?
Mr. Schwartz: This is the Davis Hotel. It is on the arend site, on block 44.
We need to buy that now so we can start relocating people out of the hotel.
It is a hard relocation.
Mrs. Kennedy: Second.
Mayor Suarez: We have a motion. It has been moved and seconded. Any furtncr
discussion from the Commission. Call the roll, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-149
•de A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE TWO
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.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
a►.
NOES: None.
ABSENT: Commissioner Joe Carollo
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE
MEETING WAS ADJOURNED AT 9:01 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Xavier L. Suarez
M A Y 0 R
* lNCONp uk.\TEI)
O !B 96
205
CI'E'Y F I".AMI
DOCUMENT
MEETING DATE
FEBRUARY 13, 1986
---
COMMISSION RM IEVAI
DOCUMENT IDENTIFICATION ACTION AND CODE NO.
CLAIM SETTLEMENT: MINNA BENSON #13,000.00 86-74
CONCERN ABOUT 8TH ANNUAL COCONUT GROVE BED 86-75
RACE, (MAY 18, 1986). CLOSE CERTAIN STREETS
TO THROUGH VEHICULAR TRAFFIC AND ALLOW TO
SELL BEER/WINE FOR ONE DAY PERIOD; ETC...
CONCERN ABOUT THE MIAMI MAGIC CELEBRATION 86-76
BY JUNIOR LEAGUE OF MIAMI. PLACE: DOWNTOWN
MIAMI. DATE: APRIL 19, 1986. CLOSE CERTAIN
STREET TO THROUGH VEHICULAR TRAFFIC AND
RELAX LIMITATIONS ON THE DISPLAY OF FIREWORK
UNTIL 12:00 MIDNIGHT, ON SAME DATE.
RELAX TIME LIMITATIONS TO ALLOW THE STAGING
OF PYROTECHNIC DISPLAYS IN DOWNTOWN MIAMI
UNTIL 12:00 MIDNIGHT (FEBRUARY 16, 1986)
FOR THE MIAMI FILM FESTIVAL.
ACCEPT BID OF AVIS RENT - A - CAR TO FURNISH
THIRTY FIVE FULL SIZE RENTAL VEHICLE (POLICE
DEPARTMENT) ($171,780.00)
ACCEPT BID OF RIGHT SAFETY WARE TO FURNISH
VITON & BUTYL ACID ENCAPSULATED SUITS (DEPT.
OF FIRE, RESCUE AND INSPECTION SERVICES)
($15,319.88).
ACCEPT BID OF J & L FEED & SUPPLY CO.
($31,830.12) AND HECTOR SUPPLY CO. ($679.25)
TO FURNISH ANIMAL FEED AND SUPPLEMENTS (DEPT.
' 01, POLICE - MOUNTED PATROL HORSES AND CANINE
UNITS); ETC....
ACCEPT BID OF AGRI - VET INTERNATIONAL KNOWLES
($4,880.69); ANIMAL HOSPITAL ($1,092.00);
NORDEN LABS ($1,074.84); AND PARAMEX ($67.50)
TO FURNISH FIRST AID TYPE SUPPLIES AND SPECIAL-
IZED GROOMING SUPPLIES (POLICE HORSES AND
DOG UNITS).
86-77
86-79
now
!DOCU�IENTIiVDEX
CONTINUED
DOCUMENT IDENTIFICATION
COMMISSION RETRIEVAL
ACTION AND CODE NO.
ACCEPT BID OF STARDUST JANITORIAL TO FURNISH
86-82
CUSTODIAL SERVICES AT MANUEL ARTIME CONNUNITY
CENTER ($22,734.60).
ACCEPT BID OF VALLE/AXELBERD & ASSOCIATES
96-83
TO FURNISH PSYCHOLOGICAL SERVICES TO THE
DEPARTMENT OF POLICE ($82,000.00)
ACCEPT BID OF HEAVY EQUIPMENT TO THE DEPART-
86-84
MENT OF GENERAL SERVICES ADMINISTRATION
FOR USE BY VARIOUS DEPARTMENTS ($28,174.12).
ACCEPT BID OF JIM PEACOCK DODGE, INC. TO
86-85
PURCHASE FROM ABOVE SUPPLIES 78 VEHICLES
FOR USE BY THE POLICE DEPARTMENT ($773,459.70).
ACCEPT BID OF B.K. MARINE CONSTRUCTION,
86-86
BASE BID OF THE PROPOSAL FOR WAINWRIGHT
PARK - BULKHEAD REPAIRS (SECOND BIDDING)
($31,150.00).
ACCEPT BID OF LANZO CONSTRUCTION CO. FOR
CITYWIDE SANITARY SEWER EXTENSIONS IMPROVEMENT
N.W. 47 AVENUE ($265,191.00).
DACLARE CLOSED AND ABANDONED FOREVER CERTAIN
UNNAMED UNDEDICATED UNIMPROVED AND NEVER
USED STREETS SHOWN ON PLAT ON "ROBERT'S
SUBDIVISION OF TWO ACRES" PLAT BOOK "A"
PAGE 21.
ACCEPT COMPLETED WORK OF COMMUNITY ASPHALT
CORPORATION ($599,029.24) FOR CITY WIDE
RESURFACING PROJECT - WYNWOOD/OVERTOWN/PARK
WEST B-4499.
ACCEPT COMPLETED WORK OF TARGET CONSTRUCTION
COMPANY ($189,154.83) CITY HALL - CONFERENCE
ROOM.
APPROVE COVENANT TO RUN WITH THE LAND PROF-
FERED BY BEBER - SILVERSTAIN - & PARTNERS
FOR NON-STANDARD CONTRUCTION IN PUBLIC RIGHT
OF WAY.
:. :
86-91
:. •
DOCUIIiIENTIiVDEX
.
CONTINUED
COMMISSION RETRIEVAL
DOCUMENT IDENTIFICATION ACTION AND CODE NO.
AUTHORIZE ISSUANCE OF A SECOND DUPLICATE 86-93
LIEN SALE CERTIFICATE TO REPLACE A DUPLICATE
LIEN SALE CERTIFICATE NO. 215 DATED MAY
26, 1982.
FORMALIZE MOTION NO.86-19 (JANUARY 9, 1.986), 8Ei-94
AMNEND RESOLUTION NO. 85,1099 (OCTOBER 24,
1985), INCREASE ALLOCATION TO $35,000. TO
COCONUT GROVE VIRRICK GYM YOUTH BOXING PRO-
GRAM & AUTHORIZE AGREEMENT WITH SAID FIRM.
MIAMI CITY COMMISSION, CITY OF OPA-LOCKA
AND DADE COUNTY ARE INVITING THE NATIONAL
CONFERENCE OF BLACK MAYORS TO BOLD ITS ANNUAL
CONFERENCE IN DADE COUNTY (APRIL, 1987).
SUPPORT 1988 PUBLIC WORKS PROGRAM OF THE
STATE OF FLORIDA DEPARTMENT OF' ENVIROMENTAL
REGULATION. AUTHORIZE CITY MANAGER TO SUBMIT
SPECIFIC PROJECTS AND TO SEEK FINANCIAL
ASSISTANCE FROM UNITED STATES ARMY CORPS OF'
ENGINEERS.
AMEND SECTION 1 OF RESOLUTION NO. 85-473
(MAY 9, 1985), ALLOCATE $50,000.00 TO THEODORE
ROOSEVELT GIBSON MEMORIAL FUND, INC. AMEND
PERIOD FROM JUNE 1, 1985 - MAY 31, 1986
TO JULY 1, 1985 - JUNE 30, 1986.
AUTHORIZE TO EXECUTE A CONTRACT WITH GLADYS
KIDD AND ASSOCIATES, INC./NIKKI BEARE AND
ASSOCIATES, INC., A JOINT VENTURE FOR PRO-
FESSIONAL PUBLIC RELATIONS/MARKETTING SERVICES
FOR PHASE I OF SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT ($115,500.).
AUTHORIZE CITY MANAGER TO ENTER INTO A LEASE
AGREEMENT WITH HOPE PRE-SCHOOL, INC. (PRE-
SCHOOL AND DAY CARE FACILITY AT 7561 NE
1 AVENUE).
ACCEPT THE PROPOSAL Of-' DURBIN, PARKS AND
SAVEL TO LEASE AND OPERATE THE MIAMI SPRING
COUNTRY CLUB DRIVING RANGE AND PRO SHOP
FACILITY, AND AUTHORIZE CITY MANAGER TO
ENTER INTO A LEASE AGREEMENT.
86-95
86-97
86-98
86-99
96-100
DOCU�IENTIiVDEX
CONTINUED
DOCUMENT IDENTIFICATION
APPROVE/AUTHORIZE THE ACQUISITION BY WAY
OF PURCHASE OR CONDEMNATION OF' LAND BETWEEN
N.E. 69TH STREET AND N.E. 71ST STREET ON
BISCAYNE BAY (DESCRIBED IN THE ATTACHED
EXHIBIT "A" ) TO BE USED I'OR PARK AND/OR
MARINA PURPOSES.
AUTHORIZE CITY
MANAGER TO
EXECUTE
ATTACHED
AGREEMENT WITH
THE STATE OF
FLORIDA,
DEPART-
MENT OF STATE,
DIVISION OF
ARCHIVES,
HISTORY
AND RECORDS MANAGEMENT,
RELATIVE
TO THE
CERTIFIED LOCAL
GOVERNMENT
PROGRAM,
TO PARTI-
CIPATE IN THE
FEDERAL HISTORIC PRESERVATION
PROGRAM.
ORDER ALLAPATTAH HIGHWAY IMPROVEMENT PHASE
II H-4507; ETC...
ORDER N.W. 8TH STREET ROAD HIGHWAY IMPROVE-
MENT H-4520; ETC...
DESIGNATE THE COPELAND COMPANIES AS A CO -
ADMINISTRATOR OF THE CITY OF MIAMI'S DE-
FERRED COMPENSATION PLAN.
ENDORS THE CONCEPT OF ASSIST THE HAITIAN
COMMUNITY AND COOPERATE TO IDENTIFY FUNDING
SOURCES TO OBTAIN FUNDS MEDICINES WICH ARE
NEEDED IN HAITI ON ACCOUNT OF THE PRESENT
POLITICAL UNREST IN THAT COUNTRY
AUTHORIZE/DIRECT CITY MANAGER TO EXECUTE
A DEVELOPMENT AGREEMENT WITH INDIAN, RIVER
INVESTMENTS OF MIAMI, INC. FOR PARCEL 46
OF SOUTHEAST OVERTOWN PARK WEST REDEVELOP-
MENT.
ACCEPT BID OF WILLIAMS PAVING CO., INC.
($1,523,336.52) FOR DOWNTOWN HIGHWAY IMPROVE-
MENT - PHASE I.
AND CODE
86-101
86-102
86-103
86-104
86-106
86-111
:,
DOCUMENTlINDEX
CONTINUED
DOCUMENT IDENTIFICATION I COACTIOION RETRIEVAL
ACTION AND CODE N0.
ACCEPT BID OF MIRI CONSTRUCTION, INC.
($556,414.91) BID "A" FOR BUENA VISTA HIGHWAY
IMPROVEMENT - PHASE II I3-4506; ETC...
ACCEPT BID OF M. VILA & ASSOCIATES, INC.
($627,975.89) BID "B" FOR BUENA VISTA HIGH-
WAY IMPROVEMENT -PHASE II I3-4506.
WAIVE PROHIBITION AGAINST TRANSACTION OF
CITY BUSINESS WITH FORMER EMPLOYEE LEAVING
WITHIN 2 YEARS, SUCH PROHIBITION APPLIES
TO HOWARD V. GARY.
RESCIND RESOLUTION NO. 85-1045 (OCTOBER
10, 1985) ORDERING ROADS AREA HIGHWAY IM-
PROVEMENT - PHASE I H-4513 AS PER REQUEST
OF CITIZENS IN AREA.
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION
OF AUBURN SANITARY SEWER IMPROVEMENT IN
AUGURS SENITARY SEWER IMPROVEMENT DISTRICT
SR-5475-C (CENTERLINE SEWER).
CONFIRM SUPPLEMENTAL PRELIMINARY ASSESSMENT
ROLL FOR KIRKLAND SANITARY SEWER IMPROVEMENT
IN KIRKLAND SANITAY SEWER IMPROVEMENT DIS-
TRICT SR-5478-C (CENTERLINE SEWER).
CLOSE N.W. 7TH STREET TO VEHICULAR TRAFFIC
BETWEEN N.W. 1 COURT AND N.W. 3 AVENUE
TO ALLOW CONSTRUCTION OF PEDESTRIAN MALL
AS PART OF SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT.
AUTHORIZE TO NEGOTIATE AN AGREEMENT WITH
MIAMI CENTER ASSOCIATES TO CONVERT APPROXIMA-
TELY 36,000 SQUARE FEET OF FACILITIES
AT JAMES L. KNIGHT INTERNATIONAL CENTER
TO USE THIS SPACE AS AN EXHIBITION FACILI-
TY FOR THE CENTER AND DOWNTOWN AREA HOTELS.
APPROVE IN PRINCIPLE CITY HOUSING CONSERVA-
TION AND DEVELOPMENT AGENCY.
86-1.12
86-113
86-114
86-115
86-116
86-117
86-118
86-120
86-124
r
ENDEXI�
CONTINUED
DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL
ACTION AND CODE NO.
NAME PARADISE POINT MINI PARK, AT 2900 86-129
N.W. SOUTH RIVER DRIVE, THE "MIAMI RIVER
RAPIDS MINI PARK".
DESIGNATE THE MIAMI GRAND PRIX RACING EVENTS 86-130
AS BEING FOR A PUBLIC PURPOSE.
CONCERN ABOUT MARCH OF DIMES "WALKAMERICA" 86-131
(MARCH 22, 1986) AND FOR CLOSING CERTAIN
STREETS TO THROUGH VEHICULAR TRAFFIC. FURTHER,
ALLOW THE USE OF PEACOCK PARK AND PERMIT
DISPENSE OF BEER/WINE FOR UDAY PERIOD IN
CONNECTION WITH SAID EVENT.
GRANT REQUEST OF BUONICONTI FAMILY/FRIENDS
TO HOLD A FUNDRAISING EVENT AT PEACOCK
PARK (MARCH 1, 1986), ALLOW A PERMIT TO
SELL BEER/WINE (ONE DAY PERIOD) IN CONNECTION
WITH THIS EVENT.
AMEND SECTION 1 OF RESOLUTION NO. 84-962
AND APPROVE THE SUBSTITUTION OF MISS BLACK
COLLEGIATE PAGEANT (19860 IN PLACE OF MISS
TEENAGE U.S.A. PAGEANT ($65,000.00).
DESIGNATE COMMISSIONER JOE CAROLLO AND
VICE -MAYOR MILLER J. DAWKINS AS OFFICIAL
DELEGATES OF THE CITY COMMISSION TO THE
1986 "MISS BLACK COLLEGIATE PAGEANT".
AUTHORIZE TO ENTER INTO AN AGREEMENT WITH
NORTHEAST MIAMI CHAMBER OF COMMERCE (NEMCC),
INC. FOR A LOAN ($165,000.) TO ASSIST IN
THE PURCHASE/REHABILITATION OF COMMERCIAL
PROPERTY AT 232 - 248 N.E. 79TH STREET/7821
N.E. 2ND AVENUE.
GRANT A TEMPORARY PERMIT BY REQUEST OF
THE KIWANIS CLUB OF LITTLE HAVANA TO SELL
BEER/WINE IN CONNECTION WITH CARNAVAL MIAMI'S
PASEO (MARCH 2, 1986) ON WEST F'LAGLER STREET
AND S.W. FIRST STREET.
AUTHORIZE TO EXECUTE THE NEGOTIATED AGREEMENT
WITH DAVID PLUMMER AND ASSOCIATES, INC.
TO PROVIDE PROFESSIONAL AND TECHNICAL SERVI-
CES TO ASSIST IN PREPARATION OF A DOWNTOWN
PLAN AND DEVELOPMENT OF REGIONAL IMPACT
APPLICATION.
86-132
86-134
86-135
86-141
86-142
D000UMENTINDEX
CONTINUED
DOCUMENT IDENTIFICATION
AUTHORIZE TO EXECUTE TIIE NEGO`I'IA`I'ED AGRI,;E-
MENT WITH DAVID PLUMMER AND ASSOCIATES,
INC. TO PROVIDE PROFESSIONAL AND TECHNICAL
SERVICES TO ASSIST IN PREPARATION OF A
DOWNTOWN PLAN AND DEVELOPMENT OF REGIONAL
IMPACT APPLICATION.
PREPARE AN "ECONOMIC STUDY OF THE MIAMI
RIVER". CHOOSE THE NAME OF ONE OF' THE
MOST QUALIFIED PROVIDERS: Till;' CHESAPEAKE
GROUP; LAVENTHOL & IIORWATH; OR ZUCHELLI
HUNTER & ASSOC.
AUTHORIZE/APPROVE SETTLEMENT STIPULATION
(DISTRICT COURT SOUTHERN DISTRICT OF FLORI-
DA CASE NO. 84-2918-CIV-KING) THE LITIGA-
TION FILED BY THE MIAMI HERALD PUBLISHING
CO.
URGE FLORIDA LEGISTATURE TO ADOPT AMENDMENT
TO SECTION 200.001 OF FLORIDA STATUTES
WICH SETS FORTH THE CRITERIA FOR CERTAIN
DOWNTOWN DEVELOPMENT AUTHORITIES THAT
WILL DETERMINE THE ELIGIBILITY OF SAID
AUTHORITIES TO BE CONSIDERED AS INDEPENDENT
SPECIAL DISTRICTS.
RESCHEDULE THE REGULAR CITY COMMISSION
MEETING OF FEBRUARY 27, 1986 AT 9:00 A.M.
TO TAKE PLACE ON FEBRUARY 27, 1986 AT
2:00 P.M.
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO
EXECUTE AN AMENDMENT TO THE APRIL 25,
1985 CONTRACT WITH THE HAITIAN TASK FORCE
INCREASING THE AMOUNT OF FUNDS UNDER ITS
FISCAL YEAIR 1985-86 ($29,164.00).
AU`PIiORIZI; CITY MANAGER TO PURCHASE TWO
PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST
OVF.RTOWN/PARK WEST REDEVELOPMENT AREA.
CTIO
86-142
86-143
86-145
86-146
86-147
86-148
NO.
1DOCUM, ENTimiNDEX
CONTINUED
DOCUMENT IDENTIFICATION
AUTHORIZE TO EXECUTE THE NEGOTIATED AGREE-
MENT WITH DAVID PLUMMER AND ASSOCIATES,
INC. TO PROVIDE PROFESSIONAL AND TECHNICAL
SERVICES TO ASSIST IN PREPARATION OF A
DOWNTOWN PLAN AND DEVELOPMENT OF REGIONAL
IMPACT APPLICATION.
PREPARE AN "ECONOMIC STUDY OF THE MIAMI
RIVER" . CHOOSE THE NAME OF ONE OF THE
MOST QUALIFIED PROVIDERS: THE CHESAPEAKE'
GROUP; LAVENTHOL & HORWATH; OR ZUCHELLI
HUNTER & ASSOC.
AUTHORIZE/APPROVE SETTLEMENT STIPULATION
(DISTRICT COURT SOUTHERN DISTRICT OF' FLORI-
DA CASE NO. 84-2918-CIV-KING) THE LITIGA-
TION FILED BY THE MIAMI HERALD PUBLISHING
CO.
URGE FLORIDA LEGISTATURE TO ADOPT AMENDMENT
TO SECTION 200.001 OF FLORIDA STATUTES
WICH SETS FORTH THE CRITERIA FOR CERTAIN
DOWNTOWN DEVELOPMENT AUTHORITIES THAT
WILL DETERMINE THE ELIGIBILITY OF SAID
AUTHORITIES TO BE CONSIDERED AS INDEPENDENT
SPECIAL DISTRICTS.
RESCHEDULE THE REGULAR CITY COMMISSION
MEETING OF FEBRUARY 27, 1986 AT 9:00 A.M.
TO TAKE PLACE ON FEBRUARY 27, 1986 AT
2:00 P.M.
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO
EXECUTE AN AMENDMENT TO THE APRIL 25,
1985 CONTRACT WITH THE HAITIAN TASK FORCE
INCREASING THE AMOUNT OF FUNDS UNDER ITS
FISCAL YEAR 1985-86 ($29,164.00).
AUTHORIZE CITY MANAGER TO PURCHASE TWO
PARCEL OF' LAND LOCATED WITHIN THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT AREA.
TION
N
86-142
86-143
86-145
86-146
86-147
86-1.48
86-149
L