HomeMy WebLinkAboutCC 1985-12-19 MinutesMIAMI
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1 NCOKN ORATED
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!COMMISSION
OF MEETING HELD ON December 19, 1985
(REGULAR AND PLANNING & ZONING)
' PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
DECEMBER 19, 1985
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1
PRSF.NTATIONS, PR0CLAMATI0NS AN I?
PRESENTED
1
SPECIAL ITEMS.
1.2/19/85
2.
SOCIETY FOR ABUSED CHILDREN -
DISCUSSION
2
REQUEST FOR SALE OF TICKETS.
12/19/85
3.
BRIEF DISCUSSION ON PREVIOUSLY
DISCUSSION
3-5
WITHDRAWN AGENDA ITEM 28 (PROPOSED
12/19/85
EMERGENCY ORDINANCE PROVIDING FOR
ISSUANCE OF SPECIAL CONSTRUCTION
REVENUE NOTES)
4.
OPEN SEALED BIDS: CONSTRUCTION OF
t-1-85-1178
5-7
BUENA VISTA HIGHWAY IMPROVEMENT
12/19/85
PHASE II - B-4506.
5.
DIRECT MANAGER TO PREPARE. (A)
M-85-1179
7-9
COMMISSION GUIDELINES FOR POLICY
12/19/85
DECISION; AND (B) APPEAL PROCEDURE
REGARDING PERMIT FOR SALE OF
ALCHOLIC BEVERAGES IN CITY PARKS.
6.
(A) REQUEST ARCHITECTS INVOLVED IN
M-85-1180
9-15
DESIGN/CONSTRUCTION OF POLICE
12/19/85
SUBSTATION TO PRESENT TO COMMISSION
COMPLETE CONSTRUCTION PACKAGES (B)
ACQUIRE PROPERTY LOCATED ON FLAGER
AND 22ND AVE.
7.
(A) INSTRUCT ALL CITY DEPARTMENTS
M-85-1181
15-21
TO BEGIN USING THE MIAMI HERALD FOR
R-85-1182
THE PLACEMENT OF ALL REQUIRED CITY
12/19/85
ADS. (B) ADD SPANISH WEEKLIES "LA
NACION AND "LA VERDAD" TO THE LIST
OF SELECTED NEWSPAPERS FOR
PLACEMENT OF CITY ADS.
8.
AMEND STRUCTURE. OF CITYWIDE
M-85-1183
21.-23
COMMUNITY DEVELOPMENT ADVISORY
12/19/85
BOARD - REDUCE NUMBER OF MEMBERS,
ETC.
9.
SCHEDULE DEDICATION CEREMONIES OF
M-85-1184
23-24
THE "DESIGN PLAZA ENTRANCE" FOR
12/19/85
JANUARY 23, 1986.
10.
(A) DEFER CONSIDERATION OF SITE
M-85-1185
25-35
SELECTION FOR LOW/MODERATE INCOME
M-85-1186
HOUSING OFF CLAUGHTON ISLAND TO THE
12/19/85
JAN. 23, 1986 MEETING. (B) INSTRUCT
CITY ATTORNEY TO PREPARE NECESSARY
DOCUMENTS TO GIVE CITY COMMISSION
COMPLETE CONTROL OVER LOW/MODERATE
INCOME PROJECT OFF CLAUGHTON
ISLAND.
11.
CONSENT AGENDA.
35-36
12/19/85
11.1
CLAIM SETTLEMENT - JAMFS c n y
R-85-11R7
36
$6,000.
12/19/85
11.2
CLAIM SETTLEMENT - ESTATE OF
R-25-1128
37
ANNETTE SEVERE - 036,500.
i2/19/85
11 . 3
CLAIM SETTLEMENT - LVI S APED DELI A
R - 8 5 - 1 189
3i
CALAMA - $60,000.
12/19/85
11.4
CLAIM SETTLEMENT - WA1,TER
R-`i5-1190
37
CANTALOW - $12,181.87.
12/19/85
11.5
APPROVE PERMT.T TO DISPENSE BEER AND
R-85-1191
37
WINE AT UNIVERSITY ALUMNI PICNICS
12/19/85
IN SEWELL AND JOSE MARTI PARKS.
11.6
STREET CLOSURE - THREE KINGS PARADE
11-85-1192
38
(LOS REYES MAGGS).
12/19/35
11.7
AUTHORIZE SALE OF BEER AND WINE FOR
R-85-1193
38
ONE DAY BY THE PERFORMING ARTS FOR
12/19!85
COMMUNITY & EDUCATION (P.A.C.E.) IN
CONNECTIONy' WITH THE BIG ORANGE
FESTIVAL; CLOSE CERTAIN STREETS AND
AUTHORIZE CONCESSION AGREEMENT.
11.8
AUTHORIZE SALE. OF BEER AND WINE. IN
R-85-1194
33
PEACOCK PARK - KING MANGO STRUCT
12/19/85
PARADE; CLOSE CERTAIN STREETS.
11.9
AUTHORIZE SALE, OF BEER AND WINE IN
R-85-1195
38
CONNECTION WITH FIESTA BY THE BAY
12/19/85
ON FEC PROPERTY SUBJECT TO PERMITS.
11.10
ACCEPT COMPLETED WORK OF JOE
R-85-1196
39
REINERTSON EQUIPMENT CO., INC.
12/19/85
$18,285.00 FOR CITYWIDE SANITARY
SEWER REPLACEMENT - DOWNTOWN PHASE
1.
11.11
ACCEPT COMPLETED WORK - DOUGLAS N.
R-85-1197
39
HIGGINS, INC. - $431.302.74 FOR
12/19/85
WEST FLAGER STREET STORM SEWER
MODIFICATIONS-8-5504.
11.12
ACCEPT COMPLETED WORK OF P.N.M.
R-85-1198
39
CORP. - $52,857.00 - MANOR STORM
12/19/85
SEWER PROJECT (BID "A") - B-5503.
11.13
ACCEPT COMPLETED WORK - WESTERN
R-85-1199
39
WATERPROOFING CO. OF AMERICA -
12/19/85
$19,320.00 FOR FIRE RESCUE TRAINING
CENTER - TRAINING POOL REPAIR - B-
2773-A.
11.14
BID ACCEPTANCE - CUSHMAN
R-85-1200
39
ELECTRONICS FOR FURNISHING ONE
12/19/85
LEVELMETER TO DEPT. OF BUILDING AND
VEHICLE MAINTENANCE, COMMUNICATION
SERVICES DIVISION - $5,495.00.
11.15
BID ACCEPTANCE - MOTOROLA
R-85-1201
40
COMMUNICATIONS & ELECTRONICS, INC.
12/19/85
FOR FURNISHING ONE COMMUNICATIONS
SYSTEM ANALYZER TO DEPT. OF
BUILDING AND VEHICLE MAINTENANCE,
COMMUNICATION SERVICES DIVISION -
$17,z85.00.
i
.f
11.16
ORDERING RESOLUTION - CITYWIDE
R-35-1202
HIGHWAY IMPROVEMENT - PHASE ITT H-
12/19/85
4516.
i
11.17
AMEND ASSESSMENT ROLL - CTTYWIPE
R-85-12103
1981 SANITARY SEWER IMPROVEMENT
12/19/85
DISTRICT SR-5476C BY CORRECTING
LEGAL DESCRIPTION OF PARCEL OF
LAND.
11.19
AUTHORIZE CITY MANAGER & CITY CI.ERK
R-35-1204
TO EXECUTE INSTRUMENT CANCELING
12/19/85
AUGUST 27, 1971 COVENANT TO RUN
WJITH THE LAND 17XECUTEP BY PIiIL &
SYLVIA WURTZEL & LEJEUNE
PROPERTIES, TNC. - "LEJEUNE
PROPERTIES" (90-31.).
11.19
AUTHORIZE CITY MANAGER A N P CITY
R-85-1205
CLERK TO EXECUTE INSTRUMENT
1'/1.9/85
CANCELLING SEPTEMBER 2, 1971
COVENANT TO RUN 141TH THE LAND
EXECUTED BY FRANK L. KLEEBA - 1077
#
N.W. 44 AVENUE.
11.20
AUTHORIZE ACCEPTANCE OF SEVENTEEN
R-85-1206
DEEDS OF DEDICATION FOR HIGHWAY
12/19/85
PURPOSES.
11.21
AUTHORIZE RELOCATION OF COCONUT
R-85-1207
PALMS FOR BAYFRONT PARK
12/19/85
REDEVELOPMENT PROJECT.
12.
CLOSURE •:)',' STREETS - ALLOW SALE OF
R-85-1208
BEER AND WINE AT THE "CALLE OCHO
12/19/85
OPEN HOUSE FESTIVAL".
13.
(A) DEFER CONSIDERATION OF PROPOSED
M-85-1209
ACCEPTANCE OF BID FROM M. VILLA AND
M-85-1210
ASSOCIATES INC. (LOCAL DRAINAGE
12/19/B5
PROJECT E-55). (B) REQUEST
ADMINISTRATION TO DEVISE FORMULA
THAT WOULD ALLOW THE CITY TO
PENALIZE CONSTRUCTION COMPANIES WHO
DO NOT MEET COMPLETION DEADLINES.
14.
BID ACCEPTANCE: "PENINSULAR
R-85-1211
ELECTRIC COMPANY" FOR BICENTENNIAL
12/19/85
I
PARK - PRIMARY ELECTRIC DUCT-1985
($34,505).
15.
BID ACCEPTANCE: "P.N.M. CORP". -
R-85-1212
-
BAYFRONT PARK REDEVELOPMENT -PHASE
12/19/85
II ($6,871.000).
16.
RESCIND R-85-1040 AUTHORIZING
R-85-1213
CONTRACT WITH SUPERIOR SEA14ALL
12/19/85
SERVICE INC. (WAINWRIGHT PARK
BULKHEAD REPAIRS- $31,210)-INSTRUCT
ADMINISTRATION TO READVERTISE FOR
BIDS.
17.
AUTHORIZE $50,000 IN SUPPORT OF
R-85-1214
FIVE NATIONAL TELECASTS FROM THE
12/19/85
CITY OF MIAMI OF THE PHIL DONAHUE
SHOW.
18.
REFER BACK TO ADMINISTRATION
M-85-1215
PROPOSED PLANS FOR THE CREATION OF
12/19/85
A DEPARTMENT OF BUILDING, ZONING
�
AND PLANNING.
40
40
40
41
41
41
41-43
43-47
48
48-51
52
52-54
54-59
19. (A) REJECT PROPOSED RECOMMENDATION
1-1-85-1216
60-64
-
OF HANK MEYER ASSOCIATES , INC. FOR
R-85-1217
SELECTION AS PUBLIC RELATION
12/19/85
MARKETING CONSULTING FIRM (PHASE I
SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT. (B) SELECT
PUBLIC RELATION/MARKETING
CONSULTANT FIR14 IN CONNECTION WITH
PHASE I - SOUTHEAST OVERTOWN/PARK
WEST REDEVELOPMENT PROJECT
($120,000).
20. DISCUSSION AND TEHPORARY DEFERRAL
DISCUSSInN
64-65
OF PROPOSED SECOND READING
12/19/85
ORDINANCE (MINORITY PROCUREMENT
PROGRAM)(SEE. LABEL l22).
21. PRSENTATIONS, PROCLAMATIONS, AND
PRESENTED
66
SPECIAL ITEMS.
12/19/85
22. SECOND READING oRDINAN�CE: "REPEAL
0R'DINANCE..
66-6,
ORD. 9775, MINORITY PROCUREMENT
10062
—
ORDINANCE, AND SUBSTITUTE THEREFOR
12/19/85
-
A NEW MINORITY PROCUREMENT PROGRAM.
x
x
—
23. FIRST READING ORDINANCE: AMEND SEC.
FIRST
68-69
18-104 (RESPONSIBILTITY OF CITY
READING
.r
ATTORNEY...) INCREASE CLAIM
12/19/85
SETTLEMENT AUTHORITY FROM $4,500 TO
$25,000.
4
24. EMERGENCY ORD.: AMEND SEC. I OF
ORDINANCE
70-71
139 - INCREASE BUDGET FOR PLANNING
10063
AND ZONING BOARDS ADMINISTRATION BY
12/19/85
$30,000. - INCREASE BUDGET FOR
CIVIL SERVICE BOARD BY $30,000. FOR
FUNDING OF SPECIAL COUNSEL.
25. AMEND CODE SECTION ENTITLED "GREEN
ORDINANCE
71-72
FEES" AND "CART FEES" AND SPECIAL
10064
RATES" BY REVISING FEES SCHEDULES
12/19/85
FOR GOLF COURSES; ESTABLISHIHNG
MEMBERSHIP FEES, ETC.
26. FIRST READING ORDINANCE: ESTABLISH
FIRST
72-73
NEW SPECIAL REVENUE FUND "LAW
READING
ENFORCEMENT TRAINING TRUST FUND -
12/19/85
REGION 14 - FY 85-86" APPROPRIATE
$86,574. RECEIVED AS GRANT AWARD
FROM THE STATE OF FLORIDA.
27. CONFIRM ASSESSMENT ROLL FOR
R-85-1218
73-74
x
CONSTRUCTION OF KIRLAND SANITARY
12/19/85
SEWER IMPROVEMENT DISTRICT (SR-
5478-C).
-
28. ACCEPT COMPLETED WORK: JOE
R-85-1219
74
REINERTSON EQUIPMENT CO., INC.
12/19/85
($14,215.60) FOR CITYWIDE SANITARY
SEWER IMPROVEMENT ALLAPATTAH
INDUSTRIAL AREA PHASE II.
29. ACCEPT COMPLETED WORK - F.R.E.
R-85-1220
75-76
CONSTRUCTION CO., INC.
12/19/85
($737,814.51) FOR ALLAPATTAH
INDUSTRIAL AREA IMPROVEMENT PHASE
BIDS A, B, AND C - ASSESSING
LIQUIDATED DAMAGES.
�r -
''
30. AUTHORIZE INCREASE IN CONTRACT WITH
R-85-1221
76-77
f. Fs
F & L CONSTRUCTION INC. FOR
12/19/85
CONSTRUCTION OF CURTIS PARK ELDERLY
;'
MEALS FACILITY.
9
?
31
AUTHORIZE INCREASE" IN CONTRACT
R-85-1222
77-78
F.R.E. CONSTRUCTION CO. FOR
12/19/85
<,
CONSTRUCTION OF EAST LITTLE HAVANA
HIGHWAY IMPROVEMENT. — PlIASE 1.
32.
REFER TO CITY MANAGER REQUEST
M-85-1223
78-79
RECEIVED FROM THE BLACK CROSS
12/19/85
LIBERATION MOVEMENT FOR START UP
FUNDS FOR THEIR "HOPE AGAINST DOPE"
PROGRAM.
33.
DISCUSSION REGARDING REQUEST
DISCUSSION
79-84
RECEIVED FROM COCONUT GROVE CARES,
12/19/85
INC. FOR CONTINUED SUPPORT OF THEIR
BOXING PROGRAM.
34.
GRANT REQUEST RECrl.VF..D. FROM THE
M-85—i224
85-87
WYNWOOD ELDERLY CENTER — DIRECT THE
12/19/85
ADMINISTRATION TO ALLOCATE FUNDS 0111
A TEMPORARY BASIS.
s
`6
35.
URGE AND SUPPORT PRESIDENT REAGAN S
R-85-1225
88-91
FURTHER IMPLEMENTATION OF THE.
12/1.9/85
r
FEDERAL GOVERMENT'S CONTAINMENT AND
a
DENIAL POLICY TOWARDS THE COMMUNIST
GOVERNMENT OF CUBA.
{
36.
CONTINUED DISCUSSSION REGARDING
DISCUSSION
91-93
SITE SELECTION FOR LOW/MODERATE
12/19/85
INCOME HOUSING DEVELOPMENT OFF
CLAUGHTON ISLAND (SEE LABEL #10
ABOVE)
37.
FIRST READING ORDINANCE PROHIBIT
FIRST
93-95
—
TELEPHONE ALARM DIALING DEVICES.
READING
12/19/85
38.
DEFER PROPOSED FIRST READING ORD.
M-85-1226
95-100
PROHIBITING PLACEMENT OF REFUSE IN
12/19/85
PUBLIC RIGHTS — OF WAY.
39.
REQUEST CONTRIBUTION FROM THE STATE
R-85-1227
100-101
TOWARD CONSTRUCTION OF THE MILDRED
12/19/85
CLAUDE PEPPER FOUNTAIN.
40.
EXECUTE AGREEMENT WITH DADE COUNTY
R-85-1228
101-102
_
AND BAYSIDE CENTER LTD. PARTNERSHIP
12/19/85
FOR CONSTRUCTION OF WATER AND
SANITARY SEWAGE FACILITY (BAYSIDE
SPECIALTY CENTER AND PARKING
GARAGE).
41.
EXECUTE MEMORANDUll OF INTENT WITH
R-85-1229
102-104
THE KNIGHT FOUNDATION CONFIRMING
12/19/85
GRANT TO THE CITY FOR CONSTRUCTION
OF TOWER OF LIGHT AND LIGHTING
SYSTEM AT BAYFRONT PARK.
42.
AUTHORIZE AGREEMENT WITH THE U.S.
R-85-1230
104
ARMY CORPS OF ENGINEERS CONVEYING A
12/19/85
PORTION OF BAYFRONT PARK FOR
CONSTRUCTION OF A PROMENADE.
43.
EXECUTE AGREEMENT WITH MR. AND MRS.
R-85-1231
104-106
�f
LEE HILLS ACCEPTING THEIR CASH
12/19/85
GRANT TO CONSTRUCT SEVEN SCULPTURES
't.
IN BAYFRONT PARK.
44.
SUBSTITUTE NAME OF MARK VALENTINE,
R-85-1232
106-107
r 1�hrt x
ESQ. IN PLACE OF GEORGE KNOX, ESQ.,
12/19/85
AS SPECIAL COUNSEL TO THE CIVIL
SERVICE BOARD.
r-
ml
45 INSTRUCT CITY ATTORNEY TO INFORM
COUNSEL FOR T14E MIAMI HERALD
PUBLISHLNG COMPANY THAT THIS CITY
COMMISSION WILL ONLY ABIDE BY LEGAL
STATUTORY REQUIREMENTS CONCERNING
PRODUCTION OF PUBLIC RECORDS.
46. ALLOCATE $300,000 TO THE LITTLE
HAVANA ACTIVITY AND NUTRITION
CENTER OF DADE COUNTY , INC. TO
ACQUIRE A BUILDING.
47. EXECUTE AGREEMENT WITH RODRIGUEZ,
KHULY, QUIROGA ARCHITECTS (DESIGN
DEVELOPMENT PLAN - DESIGN PLAN -
DESIGN CRITERIA MANUAL FOR S.W.
LOTH STREET BETWEEN S.14. I AVENUE
AND BRICKELL AVENUE)
48. ADOPT IN PRINCTPLF THE N.W. RIVER
DRIVE CONCEPT.
49. AUTHORIZE AGREEMENT WITH SOUTH
FLORIDA PLANNING COUNCIL REGARDING
DEVELOPMENT OF REGIONAL IMPACT
APPLICATION FOR DOWNTOWN AREA.
50. DIRECT MANAGER TO STUDY ISSUE OF
IMPACT FEES.
51. CO -DESIGNATE NO. 62 STREET BETWEEN
I-95 AND BISCAYNE BAY AS "DR.
MARTIN LUTHER KING BLVD."
52. EXPRESS INTENT TO PROCEED WITH
MULTIFAMILY RENTAL HOUSING PROJECT
AND FINANCING THROUGH ISSUANCE OF
MULTIFAMILY MORTGAGE REVENUE BONDS.
53. DEFER CONSIDERATION OF APPOINTMENT
TO CIVIL SERVICE BOARD.
54. APPOINT T. WILLARD FAIR TO GENERAL
EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST BOARD.
55. SELECTION OF INDIVIDUALS APPOINTED
TO THE ZONING BOARD. (SEE LABEL
# 5 7 )
56. DISCUSSION OF PLANNING ADVISORY
BOARD APPOINTMENTS: DIRECT CITY
CLERK TO READVERTISE FOR MORE
APPLICATIONS FOR MEMBERSHIP.
57. (A) - RECONSIDERATION OF PREVIOUSLY
PASSED APPOINTMENTS TO THE ZONING
BOARD (SEE LABEL #55). (B)
APPOINTMENTS TO ZONING BOARD.
58. ZONING ATLAS AMENDMENT: FIRE
STATION #3 AT APPROXIMATELY 1103-51
N.W. 7 STREET FROM CC-1/7 TO CU.
59. AMEND CODE RE LATIN CHARTER REVIEW
BOARD - ALLOWABLE ABSENCES.
60. FIRST READING ORDINANCE: ZONING
ATLAS AMENDMENT - APPROXIMATELY
2601 S.W. 28 STREET FROM RS-2/2 TO
CR-2/7 AND APPLYING THE SPI-3.
i-85-12 �3
12/19/85
R-85-1234
12/19/85
R-85-1235
12/19/85
R-85-1236
12/10/85
R-85-1237
12/19/85
M-S5-1238
12/19/85
R-85-1239
12/19/35
R-85-1240
12/19/85
M-85-1241
12/19/85
R-85-1242
12/19/85
DISCUSSION
12/19/85
M-85-1244
12/19/85
M-85-1245
R-85-1246
12/19/85
ORDINANCE
10065
12/19/85
ORDINANCE
10066
12/19/85
FIRST
READING
12/19/85
107-110
110-112
112-114
114-115
115-117
118-119
120-121
121-123
123-125
125-126
126-130
130-133
133-135
135-136
136-138
138-141
4 0
61.
AHENP LAND USE/ACQUTSITION ELEMENTS
R-85-1247
141-142
OF 1982 SOUTHEAST OVERTOWN/PARKWEST
12/19/85
COMMUNITY REDEVELOPMENT PLAN.
62.
ESTABLISH PUBLIC HEARINGS DATES FOR
R-85-124P
142-148
AMENDMENT TO THE 1.11AMI
12/19/85
COMPREHENSIVE NEIGHBORHOOD PLAN
1976-86 FOR PROPERTY LOCATED AT
3471 MAIN HIGHWAY.
63.
ESTABLISH PUBLIC HEARING DATE:
R-85-1249
148-151
CONCERNING AMENDMENTS TO
12/19/85
DEVELOPMENT ORDER FOR THE, MIAMI
CENTER I PROJECT - 100 CHOPIN
PLAZA.
64.
PLAT ACCEPTANCE•': NIVENGO
R-85-1250
151-152
PARTNERSHIP TRACT.
12/19/85
65.
PLAT ACCEPTANCE: MAJOBI VILLAS.
R-85-1251
152-153
12/19/85
66.
PLAT ACCEPTANCE: DE GARMO ESTATES.
R-85-1252
153-154
12/19/85
67.
CONTINUATION OF PROPOSED FIRST
M-85-1251
154-156
READING ORDINANCE (AMENDMENT Q)
12/19/85
TEXT AMENDMENTS TO ARTICLE 15, SPI
MINUTES OF REGULAR MEETING OF THE:
CITY COMMISSION OF MIAMI, FLORIDA
On the 19th day of December, 1985, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:04 O'Clock A.M. by Mayor Xavier
Suarez with the following members of the Commission found to be present:
Commissioner Joe Carollo*
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOTE FOR THE RECORD: Commissioner Joe Carollo entered the meeting at 9:08
O'clock A.M.
ALSO PRESENT:
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.
NOTE FOR THE RECORD: The minutes of Special Commission Meetings of September
9 and 10, 1985 were approved.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
Commendation:
PRESENTED
Commendation:
PRESENTED
Police Officer Oscar Callejas: Outstanding
Officer of the Month for November 1985.
Police Officer Jose Dominico: Commended for
meritorious accomplishments as a member of the HELP
Program and for his outstanding contributions to the
safety of our community.
Presentations to City of Miami Employee's Wish List Campaign:
Community Service Presentations of food, clothing and toys were made to
Organiza ions: a number of Social Service agencies that were funded
PRESENTED by the City of Miami. These items were collected by
City of Miami employees as part of the 1985 Holiday
Wish List Campaign.
Proclamation:
PRESENTED
gl
University of Miami Hurricanes Football Team:
In recognition of their outstanding winning record and
for having been selected to play at the Sugar Bowl.
1
December 19, 1985
0
2. SOCIETY FOR ABUSED CHILDREN - REQUEST FOR SALE OF TICKETS.
Mayor Suarez: Cheryl, you want to make a Statement on that program? Go
ahead.
Ms. Cheryl Padilla: Ok. Mr. Mayor, Commission, T'm Cher...
Mayor Suarez: Get a little closer to the mike.
Ms. Padilla: My name is Cheryl Padilla. I'm with Society for Abused
Children, Children Home Society. I would like to thank the Commission and
yourself as well. I represent "Merry Christmas Miami." They are performing
at Gusman... Well, they might be performing at Gusman tomorrow night and the
proceeds are to benefit Society for Abused Children. We need to sell four
hundred more tickets and we need a twenty-four hour extension to sell those
tickets in order to open. We have invested more than fifty thousand dollars
into this, that it's for the kids of Miami -for them to see a snow storm on
stage, Mr. and Mrs Claus, the Toy Soldiers, the Nutcrackers Suite and they
might not have that chance. It's for the Inner City kid, it's for the Little
Havana kids, it's for all kids to have a nice piece of Christmas and know what
it's all about. I want to thank you for giving us that twenty-four hour
extension. I'm going to hit the streets, sell four tiundred tickets. At five
hundred dollars you can send a hundred Inner City kids to see Christmas. I
want to invite you to be there. These people, if they live through this are
going to bring Peter Pan and take all the school children to Gusman to
experience it and save Gusman as well as Theatre for the Children.
Mayor Suarez: How much are the tickets, Cheryl?
Ms. Padilla: Five dollars for children, ten dollars for adults. It's a great
experience.
Mayor Suarez: You need to sell four hundred more?
Ms. Padilla: Yes.
Mayor Suarez: Otherwise, the show won't go on.
Ms. Padilla: Yes, by tomorrow at 10 O'clock. I want to thank Roger Carlton
for giving us twenty-four more hours and Miami has been very good to Society
for Abused Children. We raised a hundred... no, we raised a million dollars
in two years. We are opening a center for abused infants down by Jackson and
I think they will be good to us one more time.
Mayor Suarez: I'm sure if you go out in the streets as you've promised to
sell those tickets, you will sell them all, but count on the support of our
office staff or maybe: call my office and I'm sure the Commissioners will help
too in selling them.
Ms. Padilla: Ok. Thank you very much. I would like to give you your tickets
and invite you to be there.
Mayor Suarez: Thank you, Cheryl.
Mr. Carollo: Thank you.
NOTE FOR THE RECORD: At this point, agenda items, 28, 34 and 46 were
withdrawn by the Administration for further information.
} 4r
gl 2 December 19, 1985
�% 0
3. BRIEF DISCUSSION ON PREVIOUSLY WITHDRAWN AGENDA ITEM 28 (Proposed
Emergency Ordinance providing for issuance of Special Construction
Revenue Notes)
Mayor Suarez: We are not going to have problems with the bonds if we postpone
28?
Mr. Cesar Odio: Facts are we have to withdraw them at this time, that we are
not ready. If you want to, I can have Herb Bailey explain to you why, but I
rather...
Mayor Suarez: The rates are bad? Is that...
Mr. Odio: Yes,...I will have Mr. Bailey...
Mayor Suarez: Because they can get worse.
Mr. Odio: No, we are better off withdrawing at this time. No.
Mayor Suarez: Ok. So noted. I don't know that any of the Commissioners are
having any objection to postponing vote on any of those three items.
Mr. Dawkins: 28, 34...
Mayor Suarez: 46.
Mr. Dawkins: Ok.
Mayor Suarez: Is there anything you can tell us about 28 that would enlighten
us as to why? You just said something about the rates, but I don't... Herb?
Mr. Herb Bailey: Yes, Mr...
Mayor Suarez: We have been announcing that we are going to move forward with
this and now all of the sudden we...
Mr. Bailey: It's a delay, Mr. Mayor. What has happened is that the rate in
the market has dropped to a point that the arbitrage would not permit us to be
able to earn the amount of money that we thought we would. We would perhaps
be selling into default if we were to sell this month. We are pretty sure
that we will be able to revise this next month, provided...
Mayor Suarez: But the rate has fallen for the bonds that we are selling.
Mr. Bailey: It has fallen for the yield. See, our stream revenue stream here
was from the yield.
Mayor Suarez: Well, hasn't it fallen on both sides, both for the sale of
bonds and for the yield?
Mr. Bailey: The sale of bonds has gone up, but the yield for our reinvestment
has gone down.
Mayor Suarez: How come? How come the market is acting in that strange a
fashion?
Mr. Bailey: Well, everybody is going to the market this month. We have
nationally, a drop in interest rates.
Mayor Suarez: Doesn't that mean we should be able to sell our bonds cheaper
too?
Mr. Bailey: It's not the selling of the bonds, it's the reinvestment of the
proceeds from those bonds which we were depending on to...
gl 3 December 19, 1985
A�W
Mayor Suarez: I understand, but that's the other side of the equation.
Doesn't the interest fall about the same rate for the bonds themselves and
keep the same arbitrage margin?
Mr. Bailey: Well, the spread that we need in order to recover the cost of
issuance and the cost of carry is significant and that the one hundred basis
points that we would get and in fact, sometimes it's less than one hundred
basis points now, would not permit us to earn the type of yields that we need
to cover our cost, and we would be in a very dangerous point and probably
selling into a default.
Mayor Suarez: Is a hundred points equivalent to one per cent?
Mr. Bailey: That's one per cent, yes. When we started this...
Mayor Suarez: We don't have a one per cent margin right now?
Mr. Bailey: It's a little less than that.
Mayor Suarez: Is that the marking point that you would say that you would
advise that we move forward, when it's over one per cent?
Mr. Bailey: At least one hundred seventy-five basis points, which is one
point three quarter. 1.75.
Mayor Suarez: What if we don't have that next month, we just keep postponing
this or what?
Mr. Bailey: L. F. Rothschild, Unterberg Tobin, our underwriters are working
on an alternate investment strategy with insurance companies for which they
perhaps can ensure us at least one and a half basis points, or one and three
quarters. We have a letter from our financial advisors who support our
r
position, that I will pass out to members of the Commission.
_ f
Mayor Suarez: We couldn't have known about this until this morning, huh?
Mr. Odio: We delayed this withdrawing of the item, Mr. Mayor, to see if we
could finally get some better numbers out of New York, but since they didn't
change and we couldn't take the risk, we decided to withdraw it.
Mr. Dawkins: Well, Mr. Bailey, what were these yields to be used for?
Mr.
Bailey:
The bonds were to be sold as
short term construction notes for
the
purpose
of doing scatter site housing and
housing in Overtown.
Mr.
Dawkins:
Ok. By delaying this, what
is it going to do to the Overtown
Project
per
se, Overtown/Park West?
Mr.
Bailey:
It won't delay the project.
We feel that... in fact, we have
plenty
of time. We feel that we would be able
to resurrect this next month.
Mr.
Dawkins:
See, but you feel you have
plenty of time and I feel that we
have
run out
of time.
Mayor Suarez: And the part of the project that is delayed Commissioner, is
the part that you and I are particularly interested in, and I think the rest
of this Commission, which is the housing part.
Mr. Dawkins: That's right.
Mr. Bailey: Well, no, I think I...
Mayor Suarez: Low cost housing.
Mr. Bailey: No, I would like to correct that. These were construction notes.
We had...
Mr. Dawkins: To construct what?
'" Mr. Bailey: To construct housing, g, but it's...
gl 4 December 19, 1985
1*
0
Mr. Dawkins: All right, so we are talking about housing, sir.
Mr. Bailey: No, but the short term financing notes, Commissioner, is not for
the permanent building. They were short term construction notes; that we were
going to provide money to the contractors at very low interest rates for the
construction financing, not for the permanent financing. All the permanent
financing is still in place. That is done through mortgage revenue bonds.
Mr. Dawkins: Ok. And this was for the eighty thousand dollar houses?
Mr. Bailey: This was for the construction financing for all of the houses,
the scatter site and for the home ownership houses in Overtown. Yes. Right.
Mr. Dawkins: Ok. Thank you.
Mayor Suarez: Well, all I can say is if next month we...the next meeting we
have the same problem, we are going to have to move forward somehow and find
the monies else where, because we cannot keep postponing this.
Mr. Bailey: Yes. We are working on an alternative strategy.
Mayor Suarez: Ok.
4. OPEN SEALED BIDS: CONSTRUCTION OF BUENA VISTA HIGHWAY IMPROVEMENT PHASE
II - B-4506.
Mayor Suarez: Madam City Clerk, can we now open up the bids?
Ms. Hirai: We need a motion, Mr. Mayor.
Mr. Plummer: So, moved.
Mr. Dawkins: Second.
Mayor Suarez: Do we need to call the roll oil that?
Ms. Hirai: Yes, sir.
Mayor Suarez: Call the roll please, unless there is any discussion needed.
THEREUPON THE FOREGOING MOTION to open sealed bids was introduced by
Commissioner Plummer and seconded by Commissioner Dawkins, and was passed by
unanimous vote.
Mayor Suarez: Just one bid? One item?
K Ms. Hirai: No, sir. We are going to proceed to open them up now. This will
be for the Buena Vista Highway Improvement Phrase II, Project #B4506.
sMayor Suarez: I mean, it's just one proposal right? All we have today.
Ms. Hirai: It's one project and we have various bidders.
Mayor Suarez: One project?
Ms. Hirai: The first one is from Marks Brothers Company, not Inc., total bid
$1,382,272.20.
(BACKGROUND COMMENT INAUDIBLE)
I Mr. Plummer: Is there three sections to that bid?'
Ms. Hirai: Yes, sir. If you want me to itemize I will. I will be happy to.
-a= On this project from Marks Brother Company, the total was $1,382,272.20. Bid
"A" $666,563.20. Bid "B" $715,709.00. Next bidder is Ric -Man International,
pz
4 ��t
gl 5 December 19, 1985
10 0
Inc., total bid $1,502,935.25. Bid "A"$722,597.25. Bid "B" $790,348.00.
Next bid is from Lanzo Construction Company, total bid $1,538,112.50. Bid "A"
$720,147.50. Bid "B" $817,965.00. Next bidder is M. Vila and Associates,
Inc., total bid $1,209,918...
Mr. Dawkins: 1-2?
Ms. Hirai: $1,209,918.00. Bid "A" $581,067.11. Bid "B" $628,850.89. Next
bidder is MIRI Construction, Inc., total bid $1,217,701.30. Bid "A"
$556,414.91. Bid "B" $661,286.39. Next bidder is Williams Paving Company,
Inc., total bid $1,474.... again, $1.,474,723.30. Bid "A" $676,871.91. Bid "B"
$747,851.39. The last bid comes from Alfred Lloyd & Sons, Inc., total bid
$2,020,940.00. Bid "A" $981,406.50. Bid "B" $1,039,533.50. Mr. Mayor, those
are all the bids.
Mayor Suarez: Do you have a lowest bid that you recommend?
Mr. Plummer: No.
Ms. Hirai: This is just submitted for consideration, sir.
Mr. Plummer: I make a motion that the bids be sent to the Finance Department
for processing and recommending back to this Commission.
Mayor Suarez: We have a motion to send it to the Finance Department for their
recommendation.
Ms. Hirai: This is not necessary. The one motion will serve the purpose.
Mr. Plummer: No, it is necessary, because if we don't do it, there is a
possibility that all the bids could be thrown out.
Ms. Hirai: As you wish, Mr. Commissioner, but the one...
Mr. Plummer: That's always been the case.
Ms. Hirai: Yes. The one motion to open...
Mr. Plummer: That's a decision by the Commission that we are accepting the
bids.
Mayor Suarez: Wait a minute, Commissioner.
Ms. Hirai: Fine, sir. We can take the roil call again if you want.
Mayor Suarez: Ok. Do we have a second for that motion?
Mr. Dawkins: Second.
Mayor Suarez: Any discussion, call the roll.
The following motion was introduced by Commissioner Plummer who moved its
adoption:
MOTION NO. 85-1178
A MOTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER
FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS
DATE FOR: BUENA VISTA HIGHWAY IMPROVEMENT PHASE II.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
� F r
I' Y
y� gl 6 December 19, 1985
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.
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS:
M. Vila & Assoc. Inc.
MIRI Construction Inc.
Marks Brothers Co. (not Inc)
Williams Paving Co., Inc.
Ric -Man International Inc
Lanzo Construction Company
Alfred Lloyd & Sons, Inc.
Mr. Plummer: Under discussion. What was the amount estimated by the
department?
Mr. Cather: $1,450,000.
Mayor Suarez: What the low bid?
Mr. Plummer: 102.
Mayor Suarez: 102?
Mr. Plummer: I'm sorry. $1,209,000 is what I see.
Mayor Suarez: $1,209,000?
Mr. Plummer: So, it's under.
Mayor Suarez: That's all we need to do on that item?
Ms. Hirai: Yes, sir.
Mr. Plummer: At this time.
Mayor Suarez: At this time?
Mr. Plummer: They will have to award it later.
5. DIRECT MANAGER TO PREPARE (a) COMMISSION GUIDELINES FOR POLICY DECISION;
AND (b) APPEAL PROCEDURE REGARDING PERMIT FOR SALE OF ALCOHOLIC BEVERAGES
IN CITY PARKS.
Mayor Suarez: The next item fir. City Manager is my item. Basically, it's a
proposal to give yourself the authority to approve the one day beer and wine
permits under State law. I believe we have an opinion from the Cicy Attorney
to the effect that, that will not be an improper delegation of authority.
Ms. Dougherty: That's correct, Mayor.
Mayor Suarez: And if the Commissioners have any questions of anyone from the
staff who wants to...
Mr. Plummer: Mr. Mayor?
Mayor Suarez: Yes.
81
7 December 19, 1985
7
Mr. Plummer: Mr. Mayor, I would have to oppose such a motion unless this
Commission sets guidelines. There are no guidelines proposed. For example,
at the last Commission meeting, I, for the first time made a motion, which
passed to deny a sale of beer, because I found out that it was a rock concert
and we have an absolute prohibition against that or excuse me, a feeling of
'
the Commission against that. I would say Mr. Mayor, that the proper way to do
this is to ask the Manager to come back with guidelines that this Commission
agrees or disagrees with and also, there is no item in there for an appeal
procedure, which is the norm. So, I would suggest... I have no problem with
what you are...the intent of what you are trying to accomplish, but without
guidelines and without a legal process, I would have to vote against the
motion.
Mayor Suarez: I guess at this point it was only for discussion, but you are
right, I think that we need the guidelines and we need to have it in the form
of an ordinance that also, calls for an appeal to the Commission, I would
think. If...
Mr. Plummer: I don't think it's an ordinance. I think it would be a
resolution, because it's setting policy. it doesn't have to be an ordinance.
Ms. Lucia Dougherty: We would recommend an ordinance for the delegation.
Mr. Plummer: Why?
( BACKGROUND COMMENT INAUDIBLE).
Mr. Plummer: Oh, I understand. I stand corrected, that right now there is an
ordinance and this would be a change. So, they would rewrite the ordinance.
I have no problem with that.
Mayor Suarez: Ok. I don't think we even need to take a vote on that items.
Mr. Plummer: Well, excuse me, not a vote, but you should send instructions to
the Manager.
Mayor Suarez: Let's have a motion to chat effect. Would you move that
A Commissioner?
Mr. Plummer: I will make a motion that we send to the Manager and ask for his
recommendations to formulate guidelines for a policy decision of this
Commission, together with an appeal procedure as it relates to the serving of
alcoholic beverages in the City parks.
Ms. Kennedy: I second. Without...
Mayor Suarez: So moved. I'm sorry, o ahead Commissioner.
Y Y� g
Ms. Kennedy: Without the guidelines we cannot take any action, so I second
your motion.
Mayor Suarez: It's been seconded, further discussion?
The following motion was introduced by Commissioner Plummer, who moved
ics adoption:
MOTION NO. 85-1179
A MOTION DIRECTING THE CITY MANAGER TO PREPARE
GUIDELINES FOR POLICY DECISIONS OF THE CITY COMMISSION
TOGETHER WITH AN APPEAL PROCEDURE AS IT RELATES TO
PERMITS FOR SERVING ALCOHOLIC BEVERAGES IN CITY PARKS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
gl 8 December 19, 1985
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.
6. (A) REQUEST ARCHITECTS INVOLVED IN DESIGN/CONSTRUCTION OF POLICE
SUBSTATION TO PRESENT TO COMMISSION COMPLETE CONSTRUCTION PACKAGES (B)
ACQUIRE PROPERTY LOCATED ON FLAGLER AND 22ND AVE.
------------------------------------------------------------------------------
Mayor Suarez: The second item is mine also. That will be Item "D" and it's
basically a report to the Commission on the progress of our efforts to find
sites for mini stations. These will be sites donated to the City without any
cost whatsoever. We have a written offer of a...I think a site at a very good
location, 27th Avenue and 15th Street. It's commercial district Puerto Fino,
is the name of the shopping center there. That's number one. Mr. Nathan
Rorg, in downtown, he has I guess, fourteen buildings, has promised two
locations, one of which would be located at that new rather beautiful plaza
that he has got there, and it would be within his own space, at no cost to the
City, and it would be up to this Commission and the city Manager to work out
the details, if you felt that the idea was a good one. Jean Whipple, in the
Miami Design District, has identified a site. I don't have the exact
location. Robert Lamonte in Little Haiti and Roger Biambi, have also
identified a site. I believe theirs is in a community center which is not as
desirable, I don't think, as a commercial area, but it's a site. Robert King
High Towers, the tenants have proposed the empty space in that tower be used
for a mini station. We would have to get the approval I'm sure, of Mel Adams.
I don't think there will be any problem with that. There is an empty site
there. It would be an interesting location. The Coconut Grove Chamber of
Commerce have proposed that the Glasshouse in Peacock Park, that, that could
be used. I have somewhat of a problem with that, because I don't know that
there is so much visibility to that site, since that glasshouse is not really
that clearly viewed from the street, nor is it a commercial district per se.
And we have a group trying to find two more sites, or at least one more in the
northeast; Pat Skubish and a couple of other people are working on that. It's
basically a report to the Commission. I would like to know, if I could from
the Commission, how you feel about the concept. I know that the Chief ... the
Police Chief has stated to me that he thinks ic's a good concept. It's good
way to get the police to be deployed more effectively, and more visibly
throughout the City, and that there would be no new cost to the city, or to
the taxpayers from this concept. I believe we can find the furniture, the
communications equipment and just about anything else to equip the mini
€ stations to be donated to Elie City. So, it would be basically a deployment
i
change that would be required to make them function, and my idea is to leave
that totally up to the administration as to how they would man these stations
i and how many hours a day someone would be there, and what the frequency of the
visits would be to the mini stations, but just so we get some visibility and
so people in the neighborhoods begin to get to know policemen and the
policemen begin to get to know the neighborhoods. There has been a lot of
complaints that officers don't know certain neighborhoods, because they are
not called to those neighborhoods as often. I know Belle Meade Island and
they complain they can't even find Belle Meade Island sometimes. I can't
blame officers for not finding Belle Meade Island, it's quite difficult to
find it, but nevertheless, this is an idea that I think the citizens asked for
during the campaign that I was involved in, and Commissioners Kennedy and
i
Dawkins were involved in, and I believe that that's something that we ought to
address, and I'm just telling you the progress at this point of finding sites
and all these would be donated.
Mr. Dawkins: Mr. Mayor?
Ms. Kennedy: Mr. Mayor?
81 9 December 19, 1985
Mr. Dawkins: Mr. Mayor, I would like to go on record, stating now, that in no
way am I going to vote not to build two substations. Now, we've had a
referendum, it was passed. The citizens voted to construct... I mean, to
provide money ... a Police Bond Issue. One of the ways we got the Blacks and
the Cubans to vote for the bond issue was to assure them that they would get a
substation in Little Havana and a substation in Liberty City. This Commission
came back, went on record ---if you want to research it, you will see where
this Commission earmarked ten million dollars, to be used for nothing but
substations. So, now we are on record as a unit to construct the substations.
Now, I know people in the northeast are yelling and screaming that they didn't
know what they voted for. I have produced, and I will get for the Mayor and
any other member of the Commission who want it, the brochure that was mailed
out, that said if this bond issue passes, a substation will be built in Little
Havana and a substation in Liberty City. "Substation."
Mr. Plummer: Full service.
Mr. Dawkins: Full service. Now, the people in the northeast, they started
screaming saying they want a mini station. Those same individuals came before
this Commission and they have gotten us to approve money to build a marina up
there in the northeast for them. We've got no problems with it as
Commissioners. The citizens spoke. Well, suppose the people in Liberty City
and the people in Little Havana say, "Well, we want a mini marina" and
everybody in Miami jumps up and say "We want a mini marina." We are going to
try to provide everybody in the City who wants a mini marina with a mini
marina? No. So, some where along the lines you are going to make some
decisions up here that does not sit well with everybody, but that's the nature
of the beast. So, I'm going on record now and I'm going to state on record,
that we build what we promised the people. Now, if the people in Little
Havana or Liberty City come before this Commission and say they no longer want
a substation, then it's time to reconsider that. If the people in Little
Havana say we don't want the substation, then it's time to reconsider that,
but until that time, I want to go on record to say mini stations for the total
City of Miami, is a separate and distinct difference from mini stations in the
rest of Miami.
i
Mr. Suarez: I just want to say that I fully agree with you. I think the
people of Miami would be betrayed if we went back on something that they have
approved, that is to say two substations, fully equipped and complete
substations, and I am on record as supporting that view, the fact that that,
was all approved before hand, and the only problem with the substations is the
timing, Commissioner. I believe the estimate is that they will not be on line
_
for another two years.
Mr. Dawkins: You are right, Mr. Mayor, but there again, it's our
administration. See. We had a Manager who didn't want them, Mr. Howard Gary
and he drug his feet. We had a Police Chief who didn't want them, Chief Harms
and he put all the road blocks up, then along comes Chief Dickson followed in
the tootsteps of everybody else and he didn't want them, but yet and still Elie
community wanted them. So, what we need to do, Mr. Mayor, is tell the
administration, "dammit get it done!".
Mayor Suarez: Yes, I think they are getting the message that we want to
remove the police officers from that one downtown structure, into substations
as soon as we can get them built, into mini stations and out Into our
neighborhoods in general, but those two substations must happen and they must
happen as quickly as possible. I ... maybe at this point, Mr. City Manager, can
give us an idea of what the progress is.
Mr. Dawkins: No, wait, before you do that though Mr. Mayor, I would like to
make a motion. I make a motion that this Commission direct the City Manager
to have the architect in here- at our next meeting with a full package of ready
to construct. If he is not ready to construct, then let's take the contract
from him and give it to somebody else who is ready to run with the ball.
Mr. Carollo: I second that motion.
Mayor Suarez: Any discussion? Commissioner Kennedy, did you want to... have
we preempted what you were going to say?
gl 10 December 19, 1985
L,
Ms. Kennedy: Yes, more or less. I just thought that there was a change in
the policy, because we had approved the substations. We are talking about
mini stations and it reads here store front, but anyway it has been preempted.
Mayor Suarez: I'm sorry if we did that. Commissioner?
Mr. Plummer: I nave further discussion on the item, but not the motion. I
will hold until the motion is...
Mayor Suarez: The motion has been seconded.
Mr. Carollo: Well, I also, have some further discussions. So, when you are
done, J. L., if I could say a word or two.
Mayor Suarez: Who wants to go first?
Mr. Plummer: Under discussion, Mr. Mayor, I think it's commendable what you
are trying to do as far as mini stations are concerned, but I want to tell you
that this Commission agonized many hours over the fact that mini -stations were
not going to be as effective because of the deployment of men and one of the
biggest problems that we had to come in under the bond issue, was the staffing
when it came to the wording of full service and that is going to be a problem
and it is going to be an expense. Now, if you create more mini -stations, you
are going to have more personnel. Every mini -station will require and it will
cost for every mini -station in excess of a hundred fifty thousand dollars per
year. When you take and staff it, you are staffing at twenty-four hour?
requires four policemen, four policemen are in excess of a hundred fifty
thousand dollars a year just for the salaries. I would hope... Mr. City
Manager, there is a gentleman in the audience who sent me a letter that has
been his property for the Little Havana substation, has been designated. This
gentleman is on the horns of a dilemma because of the fact that he can't lease
property with everyone knowing that there is the possibility that the City is
going to acquire it and as such I think he has the right of a decision by this
Commission. If I'm not mistaking his is the site that was selected and agreed
upon by this Commission.
Mayor Suarez: Which is the address of that site, if we may?
Mr. Plummer; It's Flagler and 22, it's on... in all deference to Commissioner
Kennedy, it was Demetrio-s campaign headquarters. But I think that what we
need ...
Ms. Kennedy: Name dropper!
Mr. Plummer: Yes. I think what we need to do Mr. Manager, in fairness to
this man is either start the proceedings to acquire or release him so he can
have his rent for his building, but I think it's very unfair to keep him under
a cloud in which his revenue stream is diminished.
Mr. Odio: Mr. Commissioner, I gave orders to Al Armada to proceed with the
purchase of the property, because the policy of the Commission has not
changed.
Mr. Plummer: All right, sir. So, that takes care of that. My comments...I
once again, I would ask anyone to.. who proposes mini stations to please go
back and read the documents which this Commission wenc through over and over
as far as operating cost of the two substations. We know the monies are in
place for the substations to build them. The problem is, is staffing. Does
anybody recall... Chief, what was just... for example, what was the staffing
per substation cost? At one time in full impact it was over five million
dollars, six million for two. So, that's just for staffing. That's not the
building. So, if you take and you create let's say ten mini stations, you
have a built in cost of about a million and a half dollars that would have to
detract from this. So, I just. hope we keep that in mind. Commissioner
Dawkins, I would hope you would accept in you motion of direction to the
administration that this Flagler Street site be acquired as quickly as
possible.
Mr. Dawkins: I accept the amendment.
gl 11 December 19, 1985
Mr. Carollo: I second that amendment.
Mayor Suarez: I, in discussion, I certainly hope, sir, that you will be very
reasonable with the City now that we have pretty much tied our hands in
selecting your site. I guarantee you that if you are not, we will figure out
a way to find another site.
y
(BACKGROUND COM14ENT OFF THE PUBLIC RECORD).
Ms. Kennedy: Thank you.
Mayor Suarez: Fine. I just want the price to be right. We have a motion on
the floor, any further discussion?
Mr. Carollo: I'm sure that if it's not, Demetrio Perez will negotiate for us.
Mayor Suarez: Any further discussion?
Mr. Carollo: Yes.
Mayor Suarez: Commissioner? We have a pending motion that has to do with
acquiring that particular site and moving on that particular substation.
Mr. Carollo: Well, this is further discussion on the same topic, Mr. Mayor.
Mr. Mayor, I think that what you are trying to do is commendable, but at the
same time that this Commission has had a policy, a policy that went to a
referendum and was approved by a majority of the people of having two full
service substations. We have to look at the meat of it, not just the sizzle
and I have to admit that the sizzle looks great; the concept of mini stations
is what I'm calling the sizzle, it looks great for the vast majority of the
3
people that have no or very little knowledge of police work. The problem is,
Mr. Mayor, that on one hand you could look at any major city in the United
States, any major city in the world, and you are not going to find a single
city, at least in the Western World, the free world, chat is going to have
some twenty -plus stations or mini stations in a city of this size, at least.
New York, Chicago, cities that have populations of twenty -million, ten
million, that's a different story. They need precincts. But in a city of
approximately four hundred thousand people, it's going to be kind of
productive instead of being more productive having twenty mini stations and
let me try to explain why, Xavier. The concept looks great, but when you try
to implement it is when the problems begin. Number one, let's forget about
the two substations for the mean time. Let's say that we have free locations
and let's say they are all good locations, throughout the city for twenty mini
stations. Well, immediately you are going to run into a problem, not maybe as
drastic as Commissioner Plummer has explained. Let's say that they are not
going to be full service mini stations, let's just say they are going to be,
you know, part usable mini stations, you are going to require at least one
police officer and one service aide or two police officers to manage that
station. You are immediately looking at forty police personnel individuals
manning that station, which means that instead of having forty more additional
people patrolling the streets making more contact with the neighborhood people
and being more of a presence in deterring crime, you are going to have forty
additional people sitting behind a desk doing nothing all day except twiddling
with their fingers. In present day society it's not like maybe in the
eighteen hundreds that cities were small and when people had to complain some
will run to the police station because you didn't nave as many use the phones
and so on. In present day society people are going to go to the phone if they
have a problem and they are going to call the Police Department. What happens
is that all those phone calls are going to be transferred or sent rather to
the main Police Department. The main Police Station is going to be doing the
same thing with twenty mini stations as they do now and that is transfer that
call to a patrol unit out there. So, in essence what I'm saying the use for
this mini station is going to be very very minimal, on the other hand you are
accomplishing about forty people are going to be tied up, it's going to
`
encourage officers that instead of being out patrolling more like they are
$s
doing now, to then come and socialize with the people at the station. The
actual use of citizenship, citizens coming to that station, mini station is
going to be very limited. On top of that there will be expenses, not only the
expense of those officers that will be taken from the streets, but even if the
gl 12 December 19, 1985
4 0
Il
1,
mini stations are donated, you are paying for phones, you are paying for
lights, you are paying for other materials that have to keep those mini
stations going. And last, but not least, I know there are many outstanding
citizens and the ones that you have mentioned that are offering these mini
stations I think are, you know, are some of the leaders of this community, but
we are getting to a very dangerous area in accepting mini stations. The
reason is that when somebody offers a store front you are more or less
committed then if you accept that offer in having officers there that are
going to benefit more the individual that is giving that store front for his
protection. At the same time the problem that you are running into not
necessarily everyone is going to offer a mini station, a store front free to
the City that's going to be an outstanding citizen. You might have some
individuals that might be involved in sorae very nasty traits that might be
some of the type of people that would offer mini stations so that they can
compromise police officers and worse, in the past and you know, this is on the
record in the Police Department. We had a location several years ago that was
offered and finally when the Police Department started investigating the
background of the people that were offering the station, it's my understanding
that what they found was quite disturbing. So, I think if we put all this
together we will be doing a disservice instead of a better service to this
community by going with the concept of mini stations. There use is going to
very limited. We are going to be tying additional police officers to be
sitting behind desks instead of being out in the struts like they should be
and at the same time it's going to be more costly for the City of Miami. I
think maybe what we should look into is finding ways that we can show higher
visibility with the present patrol force that we have and at the same time,
ways that they can have more contact with the public. For instance, one of
the ideas, Xavier, that I presented in the past and I think it's something
that you can support, is the concept of ... for those police officers that live
within the City of Miami limits and we can start a pilot project, maybe with
the officers that have been in the department for at least five years and live
within the City, give them a patrol vehicle to take home with them and to have
with them in their off days. What chat would do is in the long run it is
going to be much cheaper for the City of Miami, because it has been proven in
other cities that if you give an officer a vehicle to take home, a marked
unit, they are going to take care of it longer. Therefore, our police
vehicles are going to last longer, at least two years longer than they usually
do. That's what has been the experience in other cities, and at the same
time, it's going to give a lot more visibility of police presence in the
streets of Miami.
Mayor Suarez: I fully agree and endorse that concept and I rather suspect
that it was probably like that some time ago, that they would take their
vehicles home. Wasn't it?
Mr. Plummer: Yes, there was an item in budget this year, Mr. Mayor, and Mr.
Carollo, that they supposedly were instructed to work on the additional
vehicles. First was the fifty for patrol and then an additional, as I recall,
thirty or thirty—five for this program that Commissioner Carollo suggested;
and I would just hope chat the new administration would be coming back shortly
with a response to that, because it was guaranteed at budget time.
Mayor Suarez: Now, let me just say about mini stations a couple of comments
and maybe we ought to get on to the next item. We have got a lot of things to
cover here today. I see them as an extension of substations. I don't see
them as in anyway competition. In fact, the substations are really what you
refer to in ocher cities as precincts, not the mini stations. The mini
stations are...storefront mini stations are very much ... the plan has been
implemented in Atlanta, and I will be happy to submit to the Commissioners a
detailed description of how it works in Atlanta and how many locations. I'm
not sure, Commissioner Carollo, that it would take as many as twenty. It
might be that live, in ideally suited parts of the City, to complement
substations, would further increase police visibility and accessibility.
Accessibility is very important, because a lot of folks, a lot of older people
and even younger people never get to talk to a policeman, except when there is
an incident and we need to have that communication going' with our Police
Department. As far as the capital investment, it takes none. So, it doesn't
compete in anyway with the capital expenditure for the substations. As far as
the operating expenses, it would be my idea that this proposal would require
no additional operational expenses of any sort, and that the police in
gl 13 December 19, 1985
conjunction with the City Manager would be able to present us with a plan; a
plan of deployment, by which at least some part of the day, the police officer
would make a stop and make that part of his general beat, whether it be by
automobile or on foot and, of course, we don't have too many walking beats in
the City of Miami, so for the most part it wuuld be by him reaching... him or
her going there in his automobile. The idea as you know, that we all know,
that the police have watering holes in the City of Miami. They have places
they stop. They Have places that they spend a little time at, and we would
like to try to entice them to use the mini sUItions as their place of hanging
around. It's a good place where complaints can be received from citizens that
are otherwise, unable to go downtown to that inaccessible station and of
course, the idea is to increase your visibility. I'm not worried at all about
your one comment that the police officers will be compromised by contact with
undesirable elements. Yes, of course, we would screen very carefully the
People that would offer these substations. We don't want to have a mini...or
these sites rather. We don't want to have a mini station be a front for
something that's going behind it, or is going on next to it or adjacent co it.
But I will present a more detailed plan to the Commission, and work with the
City Manager and the Police Chief to have a more detailed plan. I think that
the fact that we have had as many as the number that I have given you of mini
station sites offered for free, is an indication that the community backs the
concept and hopefully, with more detail I will be able to convince you that it
doesn't have any other negative side effects. But I do want to clarify that
it's an extension of substations. It's not anything that goes counter to the
concept of substations, that I know we should be moving on very quickly.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Suarez: There is no motion on the floor on this item.
Mr. Plummer: Yes, there is.
Mayor Suarez: Do we have a motion?
Mr. Carollo: Yes, there was. There was a motion and a second.
Mr. Plummer: Yes, Dawkins made it.
Mayor Suarez: What is the motion?
Mr. Plummer: To instruct the Manager to get the architectural package in
January and to proceed to acquire the property.
K
Mayor Suarez: That's on the substations, right. Ok. Do we have a second on
Y that?
z
Ms. Hirai: Yes, sir.
Mr. Plummer: Yes.
Mayor Suarez: Ok. Any further discussion on that particular motion?
Mr. Plummer: Let me ... yes, just to make sure now. Commissioner Dawkins, in
no way does your motion infer the change of policy of no mini stations at this
time?
Mr. Dawkins: No, sir.
Mr. Plummer: Ok. Because chat is the present policy.
gl 14 December 19, 1985
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 85-1180
A MOTION DIRECTING THE CITY MANAGER TO HAVE THE
ARCHITECTS INVOLVED WITH THE DESIGN FOR THE PROPOSED
POLICE SUBSTATIONS PRESENT BEFORE THE CITY COMMISSION
AT THEIR NEXT MEETING WITH PERTINENT AND COMPLETE
CONSTRUCTION PACKAGES; FURTHER STIPULATING THAT IF
SAID PACKAGES WERE NOT READY, THE CO2-IISSION WOULD
IMMEDIATELY PROCEED TO AWARD SAID CONTRACTS TO SOMEONE
ELSE; AND FURTHER DIRECTING THE ADMINISTRATION TO
PROCEED TO ACQUIRE THE PROPERTY LOCATED AT FLAGLER
STREET AND 22ND AVENUE AS THF. SITE FOR CONSTRUCTION OF
POLICE SUBSTATION.
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.
7. (A) INSTRUCT ALL CITY DEPARTMENTS TO BEGIN USING THE MIAMI HERALD FOR THE
PLACEMENT OF ALL REQUIRED CITY ADS.
(B) ADD SPANISH WEEKLIES "LA NACION" AND "LA VERDAD" TO THE LIST OF
SELECTED NEWSPAPERS FOR PLACEMENT OF CITY ADS.
Mayor Suarez: The next item is Commissioner Kennedy's item. Do you want to
tell us...
Ms. Kennedy: Yes, Mr. Mayor, I think that this Commission has in the past
rotated the newspapers where it has advertised. I think that because of it's
large circulation the Miami Herald, for one, should be included. I don't
think it's something that they need, but I think that the City needs that, and
I would like also to instruct the City Manager to look into the other Spanish
periodicals and come up with a suggestion so that we can also rotate them.
Mr. Carollo: Well, what I would like to do Commissioner Kennedy, if we could
at this time and I think you will find it appropriate, is to go ahead and make
a motion that instead of advertising in the Miami News, as we have basically
been doing up to now, that we place the advertising in the Miami Herald
beginning now, and at the same time within the scope of the Hispanic weeklies
that we have advertised in, that we rotate to some others that were really the
next ones in line from past discussions that we have had; and I would make a
motion, if you think it would be appropriate at this time, to substitute the
Miami News for the Miami Herald and to advertise in the weekly Spanish
newspapers of La Nacion and La Verdad.
Ms. Kennedy: Why don't we break the motion into two parts.
Mayor Suarez: And also, let's clarify that you mean that we want to have the
Miami Herald instead of the Miami News.
Mr. Carollo: No, I made that clear, I think.
Mayor Suarez: Right. It's just ... You said substitute the Miami News for the
Miami Herald and that could be misunderstood. So, you wart to break it in two
parts? Now, how does the motion read?
gl
15 December 19, 1985
Mr. Carollo: Sure. Well, ok.
Ms. Kennedy: Why don't we break it...
Mr. Carollo: Well, I will make a motion first...
Mr. Plummer: May I offer just a comment?
Mayor Suarez: The maker of the motion lids a right to amend it. Commissioner,
go ahead.
Mr. Plummer: No, I didn't make the motion. I...
Mayor Suarez: Right.
Mr. Carollo: No, go ahead J. L., give your suggestion.
Mr. Plummer: My comment is that the Commission has always traditionally in
the past in the rotation, we have picked one of the two leading, which you
recommended the Herald, one in the Spanish and I would hope you would include
the Miami Times, the Black newspaper or one of the Black su that we do cover
all three.
Mr. Odio: J.L., we need the Miami Review also.
Mr. Carollo: Well, those have been included. Those have been included J. L.
Mayor Suarez: I believe the motion does not affect in anyway our current
relationship with the Miami Times. Is that correct?
Mr. Carollo: That's correct.
Mr. Plummer: Ok. And one other that we have always without comment is the
Miami Review which is the legal paper.
Mr. Carollo: They are still in tact. All that we are doing is placing the
Miami Herald and withdrawing the Miami News. That would be the first...
Ms. Kennedy: Right. The first part of the motion.
Mr. Carollo: ...part of the motion and then I will make an addition.
Ms. Kennedy: I will second chat.
Mr. Carollo: Ok. There is a....
Mayor Suarez: Why don't we have discussion on that motion as a separate
motion. Barring discussion, call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 85-1181
A MOTION DIRECTING THE ADMINISTRATION TO INSTRUCT ALL
CITY DEPARTMENTS TO BEGIN PLACING ALL REQUIRED CITY
ADVERTISEMENTS IN THE MIAMI HERALD INSTEAD OF THE
MIAMI NEWS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
gl
16 December 19, 1985
VW
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: Ok. In the second motion, I would like. to make the motion that
f
we include the Spanish weeklies of La Nacion and La Verdad.
4
Mr. Plummer: I second the motion.
r
Mayor Suarez: Ok., Under discussion, Mr. Manager, do we have any idea of the
tabloids or the weekly newspapers, which ones have fulfilled all the
requirements of the City's legal publishing responsibilities?
Mr. Odio: I would lia,•e to check into that, sir. I don't know at this time.
Mr. Plummer: Mr. Mayor, there are guidelines and anyone selected would have
to meet those guidelines.
Mayor Suarez: They have to fill out a form and so on.
Ms. Hirai: Yes.
Mr. Plummer: No, it's not a form. It's a criterion of so much circulation
per week...ah, so much...
Mayor Suarez: I believe we do have a form for them.
Mr. Plummer: Oh, there is a definite criterion that was set by this
Commission.
Mayor Suarez: Do we have any idea of which ones have even applied, Mr. City
Manager, and filled out the forms and so on?
Mr. Odio: I can get the answer for you from the Purchasing Director, but I am
not ready at this time.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Right.
Mayor Suarez: A lot of them were turned down because they don't meet the
criterion. Before ... I would suggest that before going into specific
newspapers, we get a report back from the City Manager as to which ones meet
the criterion and which ones are on line, because the way the resolution is
worded as currently drafted and I believe your motion reflects the same idea,
4 we are telling the City to place notices in specific newspapers and you have
_ just referred it to...
Mr. Carollo: If they meet the criterions that we have established, of course.
That's...
Mr. Odio: Ok. Here is Mr. Mullins.
Mayor Suarez: Yes, Mr. Mullins.?
Mr. Art Mullins: Mr. Mayor, the Commission established a list of newspapers
by resolution, and at the same time set up qualifications for these newspapers
and these qualifications require us to, or Purchasing rather, to have the
newspaper that wants to advertise with the City fill in a form attesting to
the fact that they have a certain number of newspapers in circulation and that
they are within the City of Miami and also, whether or not they meet the
criterion for legal notices and this is a requirement that they be accepted as
a second class mail matter by the U.S. Postal Service. So, we have done this
with all of the weekly newspapers.
Y news a P P
gl 17 December 19, 1985
4
Mr. Plummer: Well, the policy followed in the past, Art, has been that this
Commission makes the selections. They send it to you and then you determine
through affidavits whether or not...
Mr. Mullins: Exactly.
Mr. Plummer: They have to surrender affidavits ---that they have a circulation
of 'Y' number, and that they have to provide that affidavit or they are not
acceptable, and it comes back and we recommend another one.
Mr. Carollo: Sure, exactly. Exactly.
Mr. Plummer: It's just that simple.
Mayor Suarez: Of the weekly Spanish tabloids do you have any list at this
point of ones that qualify? That's the item that I believe we are
considering.
Mr. Mullins: No, sir, I don't have.
Mr. Carollo: Well, it's simple Art, if the ones that we have presented do not
give you the proof that this Commission requires...
Mr. Plummer: Then come back.
Mr. Carollo: ...then you come back to us.
Mr. Plummer: That's always been the case.
Mr. Odio: Yes, sir. If I may, what happened last time, you selected Patria.
We checked him out and he qualified and we placed the ads. If he doesn't
qualify, we come back to you and say he doesn't qualify, you have to pick
another one.
Mayor Suarez: Do you have a list of the ones that have applied recently?
Spanish Tabloids?
Mr. Mullins: Only two, Mr. Mayor. A newspaper by the name of La Prensa
Grafica and Libertad Humana.
Mayor Suarez: Commissioner, the ones that you proposed have not at this point
applied. I happen to know that La... You proposed La Nacion?
Mr. Carollo: Excuse me.
Mayor Suarez: You proposed La Nacion. I know that La Nacion has always
expressed a certain reluctance to participate in the City's notice...
Mr. Carollo: Well, Mr. Mayor, if these newspapers do not want to receive City
advertising, they can certainly acknowledge that afterwards.
Mayor Suarez: You are proposing...
Mr. Carollo: All that I'm saying now is that we have picked two newspapers
that I believe are very much interested in receiving City advertising, so that
certain sectors of the Hispanic community can be apprised of what's going on
in the City.
Mayor Suarez: But you are picking two that have not even applied.
Mr. Carollo: Well, Mr. Mayor..
Mayor Suarez: And one that I know for a fact, does not want it.
Mt. Carollo: Well, Mr. Mayor, all that you have to do then is vote against
it, frankly.
Mayor Suarez: No, sir, I'm suggesting that you might want to amend your
motion and include the other ones who have applied and who have, I presume,
will be certified as confirming.
gl 18 December 19, 1985
Mr. Carollo:
No, sir,
my motion stands.
Mayor Suarez:
Let me
tell you which ones they are before you vote against
them and before you refuse to accept my
suggestion.
Mr. Carollo:
No, sir,
let me explain to
you that...
Mayor Suarez:
You are
not interested in
hearing which ones they are?
Mr. Carollo: I have seen a list, sir of all the papers that have applied.
Not only that, but even others that have not applied that are interested also,
in being considered. Mr. Mayor, I want you to understand...
Mayor Suarez: But you specifically, having —being aware of which...
Mr. Carollo: I want you to understand that we have gone above that list to
make sure that we are apprised of how many weekly newspapers there are and flow
many want to be considered. Now, I can't help if there are others that might
have just started three weeks ago or four weeks ago or you know, or d month
ago, but what I am saying Xavier, is that I'm presenting a motion to select La
Nacion and La Verdad and if they don't qualify, if they don't want the ads,
then we will come back next Commission meeting and pick two others. There is
no problem with that.
Mayor Suarez: Well, what I'm telling you is that you are proposing two of
which I can tell you that one is not interested, you are leaving out two
others that have filed their applications duly.
Mr. Carollo: I don't believe that. That they are not interested. I think
they are both interested and that is what has been indicated to me.
Mayor Suarez: You are telling me they are interested. I'm telling you in one
case they are not interested and you are leaving out two that have applied and
as far as we know have been certified as conforming and I just want to clarify
that for the Commission and on that basis I'm certainly not going to vote for
your motion, but I...you know, it's up to the Commission. I would want to
include at least four or five of the weeklies.
Mr. Plummer: Let me ask a question. Mr. Mayor, you are suggesting the
two ... are you suggesting that Libertad Humana. be one of them? Because if I'm
not mistaken —Mr. Mullins?
Ms. Kennedy: I think the suggestion to include several others...
Mr. Plummer: Well, excuse me. Isn't one of the criterions, they must have
been in business for at least five years.
Mr. Mullins: Exactly.
Mr. Plummer: Now, the gentleman from Humana is here. That newspaper has been
published for how long, sir?
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: Where?
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: Well, but I mean, the Libertad Humana has only been circulated
in the City for the last couple of months.
(BACKGROUND COMMENTS INAUDIBLE)
Mr. Plummer: OK. All right I just wanted to go on the record with that,
because see that's where the criterion kicks in.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
gl
19 December 19, 1985
Mr. Plummer: Sir, that doesn't qualify under these guidelines. Under these
guidelines it must be an established business for a minimum of five years.
That's criterion.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Sir, I don't put you down for fighting. Ok. You are trying to
do what you think is right, but this guideline say that an established
newspaper. Ok.
Mr. Mullins: Mr. Commissioner, if I might?
Mayor Suarez: Yes, sir, Mr. Mullins.
Mr. Mullins: Mr. Mayor, this particular firm, Libertad Humana, they submitted
an affidavit that stated that they were in business in 1978 as Defensa Libra
Impresista, Incorporated and not Libertad Humana.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: By design or intent?
Mayor Suarez: Or effect?
Mr. Plummer: So, that the record would be clear, I would hope the maker of
the motion at this time, so that there would be no misunderstanding, would
name all of the advertising papers complete. I would hate to see, and
especially at this time of the year ... we are ... I guess the biggest time of the
year when they publish the liens and the nonpayment of taxes is the biggest
thing and I would like to see that the motion would read, with the makers
permission, that it would be the Miami Herald, the La Nacion La Verdad, the
Miami Times, and the Miami Review, as those papers chosen for circulation.
Mr. Carollo: And Diario de Las Americas.
Mayor Suarez: Diario, I presume is included, is it not? The Spanish daily.
Mr. Odio: Well, you have to do that.
Ms. Hirai. Yes.
Mayor Suarez: Has it been included up to now?
Ms. Hirai: Yes, sir it has been. We have been advertising in Diario, also.
Mr. Plummer: Well, but I'm saying that this is to make the motion clear.
Mr. Carollo: That's correct. I have no problems with that, J. L.
Mayor Suarez: Ok. Do you accept Diario? Is that on the motion?
Mr. Carollo: Yes, of course.
Mayor Suarez: They have been used up to now, is that correct?
Mr. Odio: Yes.
Mr. Mullins: Yes, sir.
Mayor Suarez: They are the only Spanish daily that I know of. Others that
have expressed interest include La Prensa Grafica and they have a pending
application and apparently they are in compliance. Panorama Atenas, La Voz de
Miami and Actualidad, and your motion would leave those out of consideration,
Commissioner Carollo?
Mr. Carollo: That's correct, Mr. Mayor, for this year.
Mayor Suarez: Ok. Any further discussion on the motion? Has it been
seconded?
gl 20 December 19, 1985
3
r
Ms. Hirai: Yes, sir.
Ms. Kennedy: Yes, it has.
Mayor Suarez: Let me make a quick statement in regards to at least one of
these newspapers should this Commission vote in favor of this new realignment,
that we will hold that particular newspaper to the highest journalistic
practices and were they not to fulfill them I will personally work to see that
no City advertisement is ever published in that particular newspaper unless
they stick to what is stated in their name which is the truth and only the
truth, and I will at this point personally warn that newspaper of the
s
possibility that if they don't stick to the highest journalistic practices, I
will do everything in my power to make sure that they never again are used by
the City of Miami or by anyone else.
Mr. Plummer: Mr. Mayor, that doesn't apply to one, it applies to all.
3
Mayor Suarez: That is certainly true that it applies to all.
Mr. Carollo: Now and in the future.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 85-1182
A RESOLUTION SETTING FORTH THE NAMES OF NEWSPAPERS IN
WHICH CITY DEPARTMENTS AND OFFICES ARE INSTRUCTED TO
PUBLISH PUBLIC NOTICES AFTER JANUARY 1, 1986, ABSENT ANY
#
LEGAL EMERGENCY REQUIRING PLACEMENT OF SUCH NOTICES
-
ELSEWHERE; SAID NEWSPAPERS BEING REQUIRED AT ALL TIMES TO
MEET CRITERIA ESTABLISHED BY LAW.
(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
NOES: Mayor Xavier L. Suarez
ABSENT: None
8. AMEND STRUCTURE OF CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD - REDUCE
NUMBER OF MEMBERS, ETC.
Mayor Suarez: Ok. We are on to the next item. This is Item "F". Is this
your item Commissioner Carollo? I'm sorry, Community Development.
Mr. Frank Castaneda: Yes. Basically, Mayor and Commissioners, we have had a
citizen participation system that was created in June 1982. We have had the
same board members for the last three years and basically, what we are
requesting is to go from a citywide board structure, keep that on, but also,
have a neighborhood input process at the beginning of the process and the
continue through the citywide process. Basically, we are talking about
creating a thirteen member board composed of eight members from each....one
member from each target area and five members representing the community —the
business community at large. If you concur with this system we would be
putting ads in the newspaper requesting resumes from people and we would be
requesting that the City Commission appoint members at your next Commission
meeting.
gl 21 December 19, 1985
i
s
Mr. Dawkins: Mr. Mayor, I have a question.
3
Mayor Suarez: Commissioner?
Mr. Dawkins: Where is Ms. Gallogly? See, now this is what ... this is what I
complained about when Ms. Gallogly came in here with the bright idea to
abolish the citizen neighborhood groups and have one central overall group. I
_
said at that time it wouldn't work. See, now for two years ... we have wasted
`
two years and we are going back to the original neighborhood concept.
Mr. Castaneda: No, Commissioner, we are not abolishing any groups.
Mr. Dawkins: Yes, but she did though. She did. Oh, yes.
3
Mr. Plummer: Exactly.
Mr. Dawkins: See. And we said...or said right up here that without the
community input we don't have anything. And she went and structured a board
4
like you are saying is ineffective. So, I'm with you a hundred percent.
Mr. Plummer: Well, I think in defense Commissioner Dawkins, we have to -
- y
remember that at the particular time that recommendation came forward, it was
because of the feuding, and fighting and fussing internally of all of those
organizations, and we had some pretty knock down drag outs. I think maybe at
the time it was worthwhile, and we did it, but now, I think the time has come
g
that these people have settled down and realized that they have got to work
for the community, instead of against each other, and the time has now come
where what we thought should have been in the first place, is now to be
returned. _
3
Mr. Dawkins: So, move.
Mr. Plummer: Excuse me, what is the motion?
Ms. Kennedy: No, the motion ---I was going to ask ---is a change in size from
twenty-one members, to how many?
Mr. Castaneda: To thirteen members.
Ms. Kennedy: To thirteen members.
Mr. Dawkins: And then have how many members.. and then go into the community
and have what?
Mr. Castaneda: Each community would have one member appointed by the City
Commission, and we will be bringing recommendations at your next meeting. _
Mayor Suarez: How many are there, Frank?
Mr. Castaneda: There will be thirteen members, eight ... one from each target
area, that's eight members and five from the business community at large,
-
making thirteen members.
Mayor Suarez: And how will they be selected —how will they be elected by...
Mr. Plummer: This Commission.
Mr. Castaneda: We would put ads...
Mayor Suarez: The usual...
Mr. Castaneda: We would put ads in the newspapers. We would get resumes from
people interested and we will be bringing those names to you for selection of
members. We would also, be informing people chat have participated in the
past if they would want to continue to participate.
x
Mr. Dawkins: I would hope and this is only my hope, that each area would
+fix.
meet, Mr. Mayor, in a group and select whom they want to send as their
representative. I would like to see the City encourage that. You go to
Liberty City and have some meetings and let them select somebody.
81 22 December 19, 1985
0 a
Mayor Suarez: Couldn't we advertise a hearing in each area, and have you
attend and have the people who attend be given the opportunity to vote on...
Mr. Plummer: As long as this Commission retains the final vote.
Mayor Suarez: Right. That would be a recommendation to us.
Mr. Castaneda: That would be the recommendation from the target areas to you
as a body.
Mayor Suarez: All right?
Mr. Dawkins: Ok. So,... Yes, Mr. Mayor.
Mayor Suarez: Ok. It's in the form of a motion and it's been seconded, any
further discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 85-1183
A MOTION AUTHORIZING THE ADMINISTRATION TO AMEND THE
STRUCTURE OF THE CITY WIDE COMMITTEE DEVELOPMENT
ADVISORY BOARD, AS PRESENTLY CONSTRUCTED BY REDUCING
THE NUMBER OF ITS MEMBERS FROM 21 TO 13; FURTHER
STIPULATING EACH TARGET AREA WOULD HOLD PUBLIC
HEARINGS IN ORDER TO NOMINATE THEIR REPRESENTATIVES
FOR CONSIDERATION BY THE CITY COMMISSION; FURTHER
STIPULATING THAT THE OTHER FIVE MEMBERS WOULD BE
SELECTED BY THE COMMISSION FROM AMONG NAMES IN THE
BUSINESS COMMUNITY TO BE SUBMITTED BY THE
ADMINISTRATION FOR THEIR RECOMMENDATION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
9. SCHEDULE DEDICATION CEREMONIES OF THE "DESIGN PLAZA ENTRANCE" FOR JANUARY
23, 1896.
Mayor Suarez: The next item is a discussion of the dedication date for design
plaza entrance beautification project. We are being asked to consider January
9, 1986, as the date of the opening or January 23, 1986. Is that correct Mr.
City Manager.
Mr. Odio: Yes, sir. They either want January 9th during the recess of the
City Commission or January 23rd.
Mayor Suarez: Wait, wait, wait, during the City Commission...
Mr. Plummer: During the lunch break.
Mayor Suarez: We are meeting on...
Mr. Odio: Lunch break.
gl 23 December 19, 1985
M
Mayor Suarez: On which?
Mr. Odio: Lunch break. You meet on the 9th and on the 23rd.
Mayor Suarez: Wow, you are really going to ruin my law practice.
Mr. Odio: Well, I...
Mayor Suarez: It's already ruined.
Mr. Plummer: No, the Charter does that.
Mayor Suarez: Which is your preference, Mr. City Manager?
Mr. Odio: It's up to you, Commissioners.
Mr. Plummer: May I suggest Mr. Mayor, that we do it on the 23rd because of
this... that this particular meeting in January is going to be very heavy.
The first one is usually is, and that we put it off until the second one.
Mayor Suarez: Ok. Do we need a motion on that?
Mr. Odio: Yes, sir.
Mr. Plummer: So, move.
Mr. Dawkins: Second.
Mayor Suarez: Ok. We have a second.
Mr. Plummer: That, of course, they understand they have to buy us lunch since
they are taking us away from lunch.
Mayor Suarez: And it's going to be good. Ok. We have a motion on the floor
and it's been seconded, any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1184
A MOTION SCHEDULING THE DEDICATION CEREMONIES OF THE
DESIGN PLAZA ENTRANCE FOR JANUARY 23, 1985, AT
LUNCHTIME.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
gl 24 December 19, 1985
10. (A) DEFER CONSIDERATION OF SITE SELECTION FOR LOW/MODERATE INCOME HOUSING
OFF CLAUGHTON ISLAND TO THE JAN. 23, 1986 MEETING.
(B) INSTRUCT CITY ATTORNEY TO PREPARE. NECESSARY DOCUMENTS TO GIVE CITY
COMMISSION COMPLETE CONTROL OVER LOW/MODERATE INCOME HOUSING PROJECT OFF
CLAUGHTON ISLAND.
Mayor Suarez: On the next item I had a request from Attorney Bob Traurig from
the...on behalf of the Squire Development people that we wait until 10:30 on
this item and it is 10:27, so we can certainly begin discussion on the
assumption that he will show up in the next three minutes.
Ms. Kennedy: Mr. Mayor?
Mr. Dawkins: No, he said he would appreciate it it we would move it to a
later time than 10:30.
Mayor Suarez: Oh, he wants it at a later time?
Mr. Cliff Shulman: Mr. Mayor?
Mr. Dawkins: Yes. According to my letter, that's what he said.
Mr. Cliff Shulman: Mr. Mayor.
Mayor Suarez: Sir?
Mr. Cliff Shulman: My name is Cliff Shulman. I'm one of Bob Traurig's
partners. He asked me to appear at this time to indicate his apologies and to
ask your indulgence. He is at the County Commission which has been delayed,
due to a discussion of the continued existence of the Beacon Council, and he
indicates he will get here as soon as tie possibly can, and he has requested
that this item be deferred until that time.
Mayor Suarez: This is an item of general interest. I believe we have quite a
few people here that are on this item. Could we have a show of hands how many
people are interested in this item? This would be Item "ti" having to do with
the Squire properties. Yes, I see quite a few people.
Mr. Dawkins: Ok. I would move that we give a time certain so that they will
not walk in here and nobody don't know what's happening that we will hear
this, Mr. Mayor, so that these people will know what time to come back.
Mayor Suarez: What's a good time, Mr. City Manager? We...you think like
3:00, we can interrupt the Planning and Zoning items at 3:00, if we are on
those by that time?
Mr. Odio: Will he be here?
Mr. Shulman: Yes, I believe he will.
Mr. Odio: Ok. 3:00 is fine, sir.
Mayor Suarez: Maria Elena? I know you are interested on behalf of the East
Little Havana Community Development Board.
Ms. Maria Elena Pino: Many of the people who are here today are working
people, and they have taken time off from their jobs to be here.
Mayor Suarez: Let me say one thing. The typical situation where a developer
wants to postpone an item, is one where I'm not disposed at all to grant it,
because they have plenty of attorneys and they have plenty of resources. This
is one -a typical situation where hopefully, we are going to get something from
the developer that we have been wanting to get for the last ten years, and
without Mr. Traurig here, I don't know that we can deal with that whole issue
adequately, but...
gl 25 December 19, 1985
-PMW
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Mr. Plummer: Well, Mr. Mayor, may I interject?
S
Mayor Suarez: Yes, Commissioner.
i
Mr. Plummer: Mr. Mayor, it is my intent at this point, even after the
#
discussion, that I am going to ask for a deferment, and that deferment will be
predicated on the fact that the sites as presented, are not acceptable at this
time to me. I would have hoped that they would have presented more sites in
which this Commission could pick and choose the sites that we think. So, what
I'm saying to you is, that it is my intent that this matter be deferred. I
think we have some other things that have to be included; that I will put the
developers on notice, that the buildinq of these units which they are
obligated to do, that this Commission is going to retain full control, that we
will name the developers of the projects, that we will have control of the
architects, the financial package and the entire project. It is not my intent
to just turn this thing loose and let it run Helter Skelter. I don't feel at
this particular time, even though City Attorney has advised me that at this
particular meeting the only thing to do was to pick the sites. I am
definitely going to make as part of the rule, that this Commission will retain
approval or veto over all of the projects, if there is three and they will
contain who will be the developers after we have examined the package, who
will do construction. I think the minority rules will apply, and I think that
this Commission the only way that we can be assured that that is done, is
—
through complete control with this Commission. So, I'm jest making my
y
statements at this particular time. I have talked with one of the groups who
had a site chosen on Flagler Street. I have recommended that they look at
E
other sites and I hope that they will and I want to give them the time and the
opportunity to do such and in concurrence, of course, with the man who is
paying the tab, that's the developer. But I just think that we have to have
more accessible things, and we will take it from there. So, I'm just making
my points known.
a
Mr. Dawkins: Madam City Attorney?
Ms. Lucia Allen Dougherty: Yes, sir.
Mr. Dawkins: When did the clock start to tick on eighteen months?
Ms. Dougherty: I will have to go back and look at the resolutions, I don't
recall right off hand.
Mr. Dawkins: Ok. Well, here is the resolution. I mean, on September 25th,
we gave Mr. Traurig six months to come back with a site, and in the resolution
which I will give to you shortly, it said that these were to be completed and
ready in eighteen months. Now, what I need to know legally, does this
continuance start the clock still for eighteen months or legally, does it give
him an out where, he, the developer, does not have to have the units ready in
eighteen months?
Ms. Dougherty: The eighteen months provision is still in place. There is a
point at which, however, the developer could say that you are so being so
unreasonable as to cause the delay, but at this time I don't believe so.
Mr. Dawkins: All right, since we just I mean, I will get into this, this
.=x
afternoon. Ok. The second thing is Mr. Pitts, I have a letter from the
merchants from your area. I also have received a message from Claude Pepper,
that the site that we were discussing is not available, and the Christian
Hospital still has a latch on it. So, I mean, I want...
Mr. Otis Pitts: I would just like to respond by saying that they do not have
it. Dade County put into their resolution a reverter clause that says that
"They did not have health facility bonds by December 4th and stipulated a need
that the property automatically revert back to the County," and it's part of
r:
the County's resolution as of December 4th.
F`• fFa-.
Mr. Dawkins: Ok. it said the administrative judge in Tallahassee reinstated
the Certificate of Need for the Christian Hospital.
Mr. Herb Bailey: The administrative judge in Tallahassee simply made a
recommendation to the Department of H.R.S. who has to make the final
RT 26 December 19, 1985
r recommendation. The recommendation has not been finalized yet, the Department
of HRS has not made by the hearing officer, h? simply makes a recommendation.
Mr. Dawkins: All right, I mean I just want you to know what the status of it
is because as Commissioner Plummer said, the sites are going to be selected by
us and they are going to be sites that we can move on in a hurry, so be sure
you get access to it so we can move. That's all.
Mr. Bailey: Ok. thank you very much.
Mayor Suarez: Ok. we should probably not get into a full blown discussion on
this item until we decide if we're going to even handle it today and if so,
what time of the day.
Mr. Dawkins: Well, if Commissioner Plummer is going to defer it, we may as
well defer it now, so that these people will know when they come back ....
Mayor Suarez: We've got a motion to defer...
Mr. Plummer: No, sir, you don't have a motion at this time. I said that I
was going to offer a motion. If you want a motion, I'll be happy to ...
Mayor Suarez: No, let me say something then if you haven't made it into a
motion yet.
Mr. Plummer: That's why I wanted everybody to have the right to discuss it.
Mayor Suarez: What worries me is that we get into the site selection business
here. We've got enough other problems in deciding rather intricate detailed
-
matters without getting into site selection on a project of this sort. In the
event that we do get started with the discussion of this item, I will propose
certain parameters and I think the Commission will find will help to resolve
the issue, such as selecting the entities that will be doing the development
number one; number two, specifying that the entities must be able to find the
land, the funds sufficient, so that when we give them the funds that we have
-
available which at this point are $3,000,000 that we all know of, but maybe
we'll get a little more.
Mr. Dawkins: Ain't no maybe in it, you will get more.
Mayor Suarez: How much more do you think we'll get?
Mr. Dawkins: Okay, Mr. Mayor, since you weren't here, let me tell you where
we are. The developer had ten years ...
r
Mayor Suarez: I know all of that, Commissioner, I read that.
n3..,
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Mr. Dawkins: Well then tell me, then I'll listen to you.
r rw
Mayor Suarez: I know the developers had 10 years to come up with 200 units
initially and now it is 225 and I know we've been delaying it. I want to
tt>�.
proceed with all deliberate speed because of your concern on the matter and my
concern on the matter that these get done. That's why...
Mr. Dawkins: Well, all I'm saying is my orders or resolution and everything
to the developer was that he develop and give the City of Miami keys to 225
units. Now what it costs him is not my problem.
Mayor Suarez: I understand.
x S4
;.
Mr. Dawkins: That's his problem. He has to develop 225 units of housing and
give us 225 keys. Don't bring me $3,000,000, don't bring me $4,000,000, don't
ray
bring me $5,000,000 and tell me go get them done, I'm not going to do that.
Mayor Suarez: Don't go too much higher than that because then we are going to
be thinking about it.
Mr. Dawkins: Well all right then. Who over there is in building? $8,000,000
divided by 225 units gives you what?
RT 27 December 19, 1985
Mayor Suarez: A little bit less than $40,000 per unit.
Mr. Dawkins: All right, that's $8,000,000. Now, what can you build for
$400000? So I mean don't let the developer off the hook. That's all I'm
saying. Let's don't let the developer... Now, Mr. Bailey, $8,000,000 divided
by 225 gives you what?
Mayor Suarez: 37-38,000.
Mr. Bailey: A little less than 40.
Mr. Dawkins: All right, now, what can you build for $30,000?
Mayor Suarez: You can build pretty good units.
Mr. Bailey: That is kind of a difficult question, Commissioner.
Mr. Dawkins: All right, take $40,000, what is the cost of construction?
Mr. Bailey: We can build units satisfactory to the community we think for
about $33.00 a square foot, exclusive of land.
Mr. Dawkins: All right, divide 33 into $40,000...
Mr. Plummer: Wait a minute, did you hear the last point? That's very
important.
Mr. Bailey: Exclusive of land.
Mr. Dawkins: Well thank you,but I don't even have a problem with that. If
Mr. Traurig, if the developer does not come up with the land, then go out his
200 units on land he got. Put the 200 low rent housing over on Claughton
Island. All I want in 18 months is 200 units of housing.
Mr. Plummer: 225.
Mr. Dawkins: 225. Now the City is not going to buy no land for him to put no
buildings on ... That is his responsibility to require the land to get the
units built. This Commission has voted, and I can say the total Commission
voted with me to tell the developer that he had to develop 125 units of
housing preferably 100 units in Liberty City and 100 units in Little Havana,
preferably. And that's all.
Mayor Suarez: Is it the Commission's will at this point procedurally here
that we proceed on this item and discuss it? We do have quite a few people
who want to speak on it, if we're going to decide to consider it.
Mr. Plummer: I'll make you a motion, if you want a motion I'll make it. Mr.
Mayor, at this time, I move that this matter be deferred, that the applicant
come back to this Commission in January with more sites so that this
Commission will have the chance to pick, that the Law Department immediately
instigate the action which would give this Commission full power at all time
over that development until it is completed. Period, amen.
Mr. Shulman: Mr. Mayor, may we speak to that motion for a moment?
Mayor Suarez: Yes, the problem is with the motion, it isn't just a motion to
defer, you've really got two whole different motions here, Commissioner.
Mr. Plummer: Would you like it in two items?
Mayor Suarez: Could you, please?
Mr. Plummer: Be happy to. First motion is to defer with the instructions to
the applicant to come forth with more sites than those proposed. One of the
sites, we're told is not even acceptable at this time. So that is my first
motion.
Mayor Suarez: Do we have a second for that motion?
RT
28
December 19, 1985
Mrs. Kennedy: I'm leaving, Mr. Mayor, I have a conflict on the issue, my
husband is a consultant to Swire Properties so I'm leaving right now.
Mayor Suarez: I was going to suggest at some point -
Mr. Dawkins: I second it.
Mayor Suarez: We have a second. Commissioner, on your abstention, is that
if we are able to get into the site in the way that I would hope that we could
get into it, which is not to site selection,you might not have to abstain, but
anyhow, be that as it may, we have a motion to defer which is essentially a
procedural question and I don't know that you even have to abstain from that,
but if you wish to abstain, so be it.
Mrs. Kennedy: I do.
Mr. Plummer: Date certain is January 23.
Mr. Shulman: Mr. Mayor, may I speak?
Mayor Suarez: Yes, sir. We would, on that particular motion, obviously wish
today, since we did prepare a presentation, when Mr. Traurig gets here, make
presentation to you. We have heard, Commissioner Dawkins, a number of times
indicate the need for expeditious handling of the matter. We are ahead of our
time schedule as was required by the ordinance, we would like to make at least
the initial representation when Mr. Traurig gets here to get your feed back,
so that we don't encounter any delays which would not be our responsibility,
we believe we have fully met and exceeded our obligations in getting to you in
time today and we could possibly do that at some time in the afternoon.
Mayor Suarez: Sir, I have a suggestion for you. When you come back in the
afternoon with Mr. Traurig, what you might want to do is not argue to this
motion, but argue simply to the question of whether the delay of one month
until the next Commission Meeting should be charged to you or to us. It seems
to me it be the Commission's will at this point to defer the item, we do have
an incredible amount of confusion on the sites that are available or not
available, the entities that are ready to proceed and I hope - this is
addressed to Commissioner Dawkins - that by deferring this item, we're not
adding to the problem of the delay. But you'll be able to argue to that
point, but not to the motion. The motion is a procedural motion and we're
going to go ahead and make a decision on it, because there are a lot of other
folks here who if they are informed that this matter will not be decided
today, can go home, or back to work, or to whatever they have to do.
Mr. Shulman: Mr. Mayor, with the utmost respect, if you pass the motion as
phrased by Commissioner Plummer, I won't have the opportunity this afternoon,
nor will Mr. Traurig, to discuss who would be charged with the delay.
Mr. Plummer: You're absolutely right, sir, because I'm about ready to make
the motion to put it back on the island. Will that satisfy you?
Mr. Shulman: At some time certain this afternoon, yes, sir.
Mr. Plummer: No, sir, that's not what I'm saying. I'm about to withdraw my
motion of deferring it to January and insist that you build the 225 units on
the island like you're obligated to do. Is that the motion you want?
Mr. Shulman: We do not, of course, want that motion, ...
Mr. Plummer: Well, that's what you're going to get if you keep talking.
Mr. Shulman: Sir, I'm just trying to indicate whether not ...
Mr. Plummer: A smart man knows when to quit when he is ahead.
Mayor Suarez: You might want to consider what I suggested, to come back in
the afternoon and argue only to whether the delay is charged to you or to us,
but not on the merits of this particular procedural motion.
Mr. Shulman: We have no objection doing that, if you will give us a time
certain in the afternoon to come back and argue.
RT 29 December 19, 1985
Mayor Suarez: Well, we don't give anybody exactly a time certain, but let us
say we'll try to hear you at 3 o'clock. I mean you had a time certain this
morning pretty much and he was not here, so...
Mr. Plummer: So there is no misunderstanding, the date certain that I gave
was January 23rd, not this afternoon.
Mayor Suarez: We have a motion, it has been seconded. Any further
discussion? You're not withdrawing the motion are you, Commissioner? Any
further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1185
A MOTION DEFERRING, CONSIDERATION OF SITE SELECTION FOR THE
LOW/MODERATE INCOME HOUSING DEVELOPMENT PROJECT OFF
CLAUGHTON ISLAND TO THE MEETING OF JANUARY 23, 1986;
FURTHER INSTRUCTING THE APPLICANT TO COME BACK WITH
ALTERNATE SITES FOR CONSIDERATION BY THE CITY COMMISSION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ABSTAINING: Commissioner Rosario Kennedy
ON ROLL CALL:
Mr. Carollo: Well, voting on the item ...
Mayor Suarez: Madam City Clerk, you always forget to take my vote.
Ms. Hirai: You're last, sir.
Mayor Suarez: You're just getting to me now?
Mr. Carollo: I haven't voted yet, Xavier.
Mayor Suarez: Are we going to have an explanation of the vote here?
Mr. Carollo: Yes.
Mayor Suarez: Okay, this is outside normal procedure but go ahead,
Commissioner. I know it is a traditional procedure...
Mr. Carollo: It has always been our policy that we can explain our votes and
our feelings, I'm sure you won't object to that.
Mayor Suarez: Go ahead, sir.
Mr. Carollo: I feel that this is an item that should have been finished a
long time ago. My concern in not taking this up today is that we have in
excess of three and a half million dollars of low interest loans that some
private institutions are willing to give. My concern is that we might lose
this if we don't move on this quickly. At the same time, I respect the
opinions of the majority of my colleagues here, and it is not going to serve
any purpose for me voting against this now and then getting into a discussion,
that from what I'm seeing, we're not going to come to any conclusions today,
and it might end up being more detrimental, where these institutions are
willing to come in with these monies might be so turned off that maybe they
won't be back here January 23rd, so i think that under the present situation
RT 30 December 19, 1985
that we have, the best route, I guess for me to take, is for me to vote along
with the motion for the reasons that I've stated.
Ms. Hirai: Continuing roll call, Mr. Mayor?
Mayor Suarez: Yes, and I'd also like
to state for
the reasons stated by
Commissioner Carollo, that I'm voting
yes to follow
the consensus of the
Commission, although I wonder if this is
a wise thing
to do. I know there is
a lot of confusion, but I wonder if we
shouldn't get
it all resolved today.
But I gather the Commission's will is to
defer and I so
vote.
Mr. Plummer: Mr. Mayor, the second
part of that
motion is that this
Commission instruct the City Attorney to
come back at
that same time with the
necessary documents to give this Commission at all times
complete control
over those projects. I so move.
Mayor Suarez: Any second?
J Mr. Carollo: Would you repeat the motion again, Commissioner Plummer?
Mr. Plummer: The motion is that the City Attorney come back with the
appropriate documents to give this City Commission final approval on all of
that developments. As it stands today, it is only that this Commission, the
only control we would have is too pick the sites. We have no control over the
financing, we have no control over the contractors, we have no control over
minorities, all of that has to be spelled out and it is not presently spelled
out and that is what I'm trying to protect.
Mr. Dawkins: Second.
Mayor Suarez: Does the City Attorney and the City Manager understand the
import of that motion?
Mr. Odio: Yes, sir.
Mayor Suarez: Are we clear on that?
Mr. Odio: Yes, sir.
Mr. Plummer: Well, I would ask either one of them if they have a problem with
it.
Mr. Odio: I have no problem.
Sa Mr. Plummer: If you've got a problem, please state it. I'm trying to protect
this City to say that whatever is done, that this Commission will retain
control and final approval.
Mr. Carollo: Well, J. L., I guess if you really get right down to it, that is
always what this Commission has done.
Mr. Plummer: Excuse me, Joe, the problem is they under the proposal do not
come under the normal City bidding procedures, they are not bound by the
minority contractors.
Mr. Carollo:
I realize that.
Mr. Plummer:
Okay, and that is my concern.
Mr. Carollo:
I think you're absolutely correct and so is Miller
in seconding
it. Because
of those reasons that you have expressed and
others, that
probably will
be the securest way of handling this for this City.
v.
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Mayor Suarez:
Commissioner, are you saying anything other than
we should be
ready to apply
the rules that are applicable?
Mr. Plummer:
We would ask them that this Commission retain full
control over
the project.
Let me give you an example Mr. Mayor.
w
'
Mayor Suarez:
Beyond the point of which the contractors are chosen and the
sites and so on, even after that is what you're saying.
RT 31 December 19, 1985
Mr. Plummer:
I'm saying that this
Commission, whoever is chosen to do the
project, would
come back to this Commission with a
package from a contractor,
with a package
from the architects, a package for
financing. Let me give you
exactly what I'm
driving to. One of
the proposals
I have a great disagreement
with.
Mayor Suarez:
We want to supervise
it right up
to the point of the actual
building and the keys being handed to
the tenants?
Mr. Plummer: Not necessarily supervise, but retain control. Let me tell you
where my problem lies, and I'm not speaking against a project, and I won't
name it, even though that project is well aware, I have an absolute problem
because one of these projects proposed is the ground floor is retail. Okay?
Now, it is a good concept maybe, but I don't think that it fits in this
Particular proposal.
Mayor Suarez: It doesn't sound like it conforms to the initial idea.
Mr. Plummer: That's exactly correct. They propose in their proposal of one
of these projects, 14,000 square feet of retail. I think that is wrong. And
only if this Commission retains control can we say you can or you cannot do
it. That is why I want this thing applied.
Mr. Shulman: Mr. Mayor, may I ask a question on the motion?
Mayor Suarez: Yes, sir.
Mr. Shulman: It is my understanding that the motion is to have the City
Attorney prepare some documents which will be discussed on January 23rd, as I
understood. Would we have the ability at that point in time, Commissioner
Plummer, to you through the Mayor, to discuss that issue with you?
Mayor Suarez: Absolutely, sir.
Mr. Plummer: Sir, any time you come before this Commission you have the right
to discuss.
Mr. Shulman: In other words the vote being taken today on those issues is not
determinative of it, we would have the ability to respond.
Mr. Plummer: Sure.
Mayor Suarez: Absolutely.
Mr. Shulman: Because I want the Commission to be aware we do have some
substantial problems with that condition, as to viability of going forward
with this project financially, economically and from a time point of view.
Mr. Plummer: Not your project.
Mr. Shulman: Excuse me. With the requirement that we have to meet - we have
to meet - we have some significant economic time constraint problems. On the
one hand, Commissioner Dawkins is indicating a turnkey type of project to turn
the keys over in 18 months. On the other hand, what you have suggested is a
totally different concept, that to a private entity attempting to do a private
project, truly for the public benefit, could create significant hardships and
problems and inhibit our ability economically, or from a time point of view to
do it. We would like to have the ability on January 23rd to discuss that with
you more fully.
Mr. Plummer: Sir, for the record, tell me exactly what you have to have to
proceed with your D.R.I.
Mr. Shulman: We need your approval on three sites.
Mr. Plummer: That's exactly all you need, we're not speaking to anything
else. That's what you've got to have.
Mr. Shulman: That's it, and the Commission's power, we believe could be
limited to that determination under the D.R.I. We would like to have the
ability to discuss that with you on January 23rd.
RT 32 December 19, 1985
Mr. Plummer: You'll have that opportunity.
Mr. Shulman: Thant you.
Mayor Suarez: We have a motion and I believe it has been seconded.
Discussion, Commissioner?
Mr. Dawkins: No, after the motion I have something to say, sir.
Mayor Suarez: Okay, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1186
A MOTION INSTRUCTING THE CITY ATTORNEY TO COME BACK AT THE
MEETING OF JANUARY 23, 1986 WITH ALL THE NECESSARY
DOCUMENTS TO GIVE THE CITY COMMISSION COMPLETE CONTROL AND
FINAL APPROVAL AT ALL TIMES OVER THE LOW/MODERATE INCOME
HOUSING DEVELOPMENT PROJECT.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ABSTAINING: Commissioner Rosario Kennedy
Mr. Dawkins: Mr. Mayor, I want to inform this attorney to tell his client
that I perceive this as a delaying tactic. In this I cannot fault Mr. Traurig
for it because that's what he gets paid for. He has skillfully laid out a
blueprint here to delay building these units and I've gotten to the place
where I am tired of him delaying. As artful and as skillful as he is, it has
come down now to the wire where I am no longer going to participate in any
more delaying tactics. Now, if you and your developer are really sincere and
concerned about this, you will bring me on the 23rd, two sites where you have
gotten in touch with two developers, and you have an option on the sites where
we know they are available and that you can exercise this option, purchase
these sites and go to wort. Now, if you bring me three sites, if you bring me
anything other than two sites on the 23rd, I'm going to mate a motion that we
stop everything and that you put these 225 units on Claughton Island.
Mayor Suarez: Let me tell you what I'll take on the 23rd, just so you know,
and maybe the Commission at some point will reach a consensus. I'll take
$8,000 000 in a package, which would include our contribution and other
� 9 � Y
v,
monies that can be leveraged or matched or whatever, together with no less
than two entities that have experience in this area, that have competent
people and whom we could trust, that would be awarded the building of the
c-
units in question and in a way that insofar as the entities receive money,
�'
they are supposed to build a proportionate number of the total amount of units
that were supposed to be built on the original development order. So if you
s
bring that back to us on the 23rd, that will be quite acceptable to me. That
is based on the Commissioner's figure of $8,000,000 I think there are matching
funds available from what I keep hearing. So maybe we can get together a
"
package and we can start moving on this thing.
Mr. Dawkins: What is matching funds when the man deliberately didn't build
200 units in 10 years? What the hell we got to match? You're letting him off
the hook.
Mayor Suarez: No, sir, I'm increasing what they have to come up with in value
for the citizens of Miami.
RT 33 December 19, 1985
Mr. Dawkins: No, he's got to build 200 units for the City of Miami, Mr.
Mayor. We don't have to subsidize anything.
Mayor Suarez: Yes, but I'll always take the money, if I can build it myself,
I'll do it as quickly as he would have done it.
Mr. Dawkins: Well, I'm so glad you don't have but one vote up here.
Mr. Shulman: Mr. Mayor, may I respond ,just briefly for the record?
Mayor Suarez: We're going to go on forever on this. If you have anything
technical...
Mr. Shulman: Technical as well as legal. We disagree most respectfully with
Commissioner Dawkins, we tried to get here six weeks ahead of time, we came
With three sites instead of the mandated two, we do not believe we are
responsible for the delay, if there is any delay in the process....
Mayor Suarez: We're going to argue that this afternoon, counselor. I'm going
to give an opportunity this afternoon, if Traurig comes in, to argue ....
Mr. Dawkins: I resent the implication that Miller Dawkins is holding up this
project.
Mr. Shulman: No, sir, I just disagree that we're responsible.
Mr. Dawkins: You had 6 months to come before this Commission, all these
Commissioners, and say these are the sites we have and what else do we need,
so that when we get there on the 19th of December we'll be ready to go, and
because you did not do that it is my opinion that you are deliberately
delaying this project as long as you can, so that you don't have to ...
Mr. Shulman: And we respectfully disagree, obviously.
Mr. Carollo: Can I say something for the record? I think this needs to be
r
cleared up. I think what we might have here is some miscommunications, but at
least from what this Commissioner has observed here throughout the time that
I've been sitting on this Commission, I don't think there is any intentions by
Commissioner Dawkins to purposely stop this, I think what he is doing is being
responsible in trying to accomplish the best possible alternatives for the
City of Miami. I would like to make that clear.
Mr. Shulman: And if I have indicated anything to the contrary, please forgive
me. All I'm saying to you, sir, is I don't question the Commission's
intentions and their good motivations, all I'm saying is, at least from the
developer's point of view we have attempted in the utmost of good faith to
come back.
Mr. Dawkins: Well, why would you come with three sites when we asked for two?
Mr. Shulman: So that in the event that there were any problems with any of
the sites there would be a back up.
Mr. Dawkins: Okay, we've got a problem. We've got a problem right now
with... Okay, I don't have a problem. Mr. Pitts and his group got a problem
because, according to this letter that site is not available. That is the
only site in Liberty City. Now, I told you that the units had to go in
Liberty City and in Little Havana. Now you've only got one site in Liberty
City, what is the alternate?
Mr. Shulman: At the moment, what we've provided was in excess of 225 units,
rfi
even if that site were not approved.
'+r. Dawkins: No, you told me that you provided three sites so that we could
have an alternate.
Mr. Shulman: Yes, sir.
Mr. Dawkins: What is the alternate to Liberty City, sir?
Mr. Shulman: The other two sites which exceed the amount....
RT 34 December 19, 1985
Mr. Dawkins: But they're not located in Liberty City.
Mr. Shulman: That's correct. The only direction in the resolution was that
they were not to be located in Overtown.
Mr. Dawkins: No, sir. Will somebody who was here with me correct him so he
l won't think I'm lying?
Mr. Carollo: Miller, you're absolutely correct. You're absolutely correct.
Mr. Plummer: I've got your answer. We'll put the units on 522, 524 and 526
Brickell Key Drive, three sites.
Mr. Shulman: We will be back at 3:00 o'clock, Mr. Mayor....
Mr. Carollo: I think this Commission was quite clear. Xavier, this
Commission was quite clear, that half of those units were to go into Liberty
City.
Mayor Suarez: I think that is the clear consensus of this Commission, if not
more than that.
UNIDENTIFIED SPEAKER: Mr. Mayor, I just have a brief question for
clarification.
Mayor Suarez: Do you want to state your name for the record, please?
Ms. Maria Elena Prio: My name is Maria Elena Prio. I just am interested in
knowing the scope of discussion that will take place at 3:00, so I understand
it to be that the only subject that will be discussed at 3:00 o'clock by Mr.
Traurig this afternoon is who the delay will be charged to, either the City or
Swire Properties and that the merits of any site will not be discussed so
these people can go back to work.
Mayor Suarez: The only fair way to do it this afternoon, to allow Mr. Traurig
to say anything whatsoever would be to restrict him to the issue of who has
delayed this and who is at fault in case he wants to somehow say that they're
not which I presume he will try to convince us that they're not. Other than
that, we will not discuss the merits of the issue further.
Ms. Prio: Thank you very much.
Mayor Suarez: Thank you, counselor.
Mr. Plummer: Mr. Traurig is too smart for that.
Mayor Suarez: I'm sure he'll try.
11. CONSENT AGENDA.
Mayor Suarez: We're on the Consent Agenda. I request the Commissioners to
tell me which items they'd like to pull out, if any.
Mr. Dawkins: Pull 19, 24.
Mr. Plummer: I have none to pull.
Mr. Carollo: I don't have any problems.
Mayor Suarez: Okay. I'd like to pull out, and it will be mostly for
informational purposes and to be able to fully understand, Items 17, 18 and
26.
Mr. Plummer: I move the Consent Agenda after you read the wording, Mr. Mayor.
RT 35 December 19, 1985
4 _#
Mayor Suarez: Before the vote on adopting items included in the Consent
Agenda - I've done all that... Hearing only the items that you have specified
to be pulled out, the vote on the adoption of the Consent Agenda will now be
taken.
Mr. Plummer: I move the motion as presented by the Mayor.
Mr. Carollo: What item?
UNIDENTIFIED SPEAKER: Item 6. Yes, sir, it is just something that came up in
the last couple of days.
Mr. Carullo: Mr. Mayor, I. think we should give them that right.
Mayor Suarez: Okay, Commissioner Carollo would like to tear on this item,
sir.
Mr. Dawkins: Carollo pulls 6.
Mr. Plummer: Okay, that takes care of it. Now, I make a motion to adopt the
Consent Agenda.
Mr. Carollo: Second.
Mayor Suarez: Do you want to add anything, Commissioner Kennedy, before we
vote?
Mrs. Kennedy: No, I don't have anything I'd like to pull out.
Thereupon, the City Commission on motion introduced by Commissioner
Plummer, seconded by Commissioner Carollo adopted the following resolutions 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.
11.1 CLAIM SETTLEMENT - JAMES COX $6,000.
RESOLUTION NO. 85-1187
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
JAMES COX THE SUM OF SIX THOUSAND DOLLARS ($6,000),
WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI AND ANY OF ITS AGENTS OR EMPLOYEES, AND UPON
EXECUTION OF A RELEASE BY EACH AFOREMENTIONED PARTY
RELEASING THE CITY OF MIAMI AND ANY OF ITS AGENTS OR
EMPLOYEES FROM ALL CLAIMS AND DEMANDS.
(Herr follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
RT 36 December 19, 1985
11.2 CLAIM SETTLEMENT - ESTATE OF ANNETTE SEVERE - $36,500.
RESOLUTION NO. 85-1188
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
EMILE SEVERE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF
ANNETTE SEVERE, THE SUM OF THIRTY-SIX THOUSAND FIVE
HUNDRED DOLLARS ($369500.00), WITHOUT THE ADMISSION OF
LIABILITY, IN FULL, COMPLETE SETTLEMENT OF ALL PROPERTY
DAMAGE 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.)
11.3 CLAIM SETTLEMENT - LUIS AND DELIA CALAMA - $609000.
RESOLUTION NO. 85-1189
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
LUIS CALAMA AND DELIA CALAMA, HIS WIFE, SIXTY THOUSAND
DOLLARS ($60,000.00)9 WITHOUT THE ADMISSION OF LIABILITY,
IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS, WORKERS' COMPENSATION
LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI UPON
EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM
ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.4 CLAIM SETTLEMENT - WALTER CANTALOW - $12,181.87.
RESOLUTION NO. 85-1190
Y`S
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
WALTER CANTALOW AND OTHERS ON HIS BEHALF, THE SUM OF
TWELVE THOUSAND ONE HUNDRED EIGHTY ONE DOLLARS AND EIGHTY
SEVEN CENTS ($12,181.87), WITHOUT THE ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY
INJURY, PERSONAL INJURY PROTECTION LIENS, WORKERS'
COMPENSATION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF
-"'
MIAMI AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY
"
OF MIAMI FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.5 APPROVE PERMIT TO DISPENSE BEER AND WINE AT UNIVERSITY ALUMNI PICNICS IN
SEWELL AND JOSE MARTI PARKS.
RESOLUTION NO. 85-1191
A RESOLUTION APPROVING, SUBJECT TO ANY APPLICABLE RULES OF
THE STATE BEVERAGE DEPARTMENT, A PERMIT TO DISPENSE BEER
AND WINE AT NO CHARGE FOR A ONE -DAY PERIOD IN CONNECTION
WITH UNIVERSITY ALUMNI PICNICS TO BE HELD JANUARY 1, 1986,
'
IN SEWELL AND JOSE MARTI PARKS, IN CONNECTION WITH THE
ORANGE BOWL GAME; SUBJECT TO THE ISSUANCE OF ALL OTHER
'<
PERMITS THAT MAY BE REQUIRED BY LAW.
p
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
RT 37 December 19, 1985
i 4
11.6 STREET CLOSURE - THREE KINGS PARADE (LOS REYES MAGGS).
RESOLUTION NO. 85-1192
A RESOLUTION CONCERNING THE THREE KINGS FESTIVAL AND
PARADE WHICH IS TO TAKE PLACE JANUARY 11 AND 12, 1986,
CLOSING rc7RTAIN STREETS TO THROUGH VEHICULAR TRAFFIC
DURING SPECIFIED HOURS, SAID STREET CLOSING SUBJECT TO
STATE APPROVAL AND THE ISSUANCE OF PERMITS BY THE
DEPARTMENT OF POLICE AND THE DEPARTMENTS OF FIRE, RESCUE
AND INSPECTION SERVICES AND ASSURANCE THAT THE CITY WILL
H'_ INSURED AGAINST ANY POTENTIAL LIABILITY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.7 AUTHORIZE SALE OF BEER AND WINE FOR ONE DAY BY THE PERFORMING ARTS FOR
COMMUNITY do EDUCATION (P.A.C.E.) IN CONNECTION WITH THE BIG ORANGE
3 FESTIVAL; CLOSE CERTAIN STREETS AND AUTHORIZE CONCESSION AGREEMENT.
}
RESOLUTION NO. 85-1193
A RESOLUTION AUTHORIZING THE SALE OF BEER AND WINE BY THE
PERFORMING ARTS FOR COMMUNITY AND EDUCATION, INC.
(P.A.C.E.) IN CONNECTION WITH THE BIG ORANGE FESTIVAL
SCHEDULED FOR FEBRUARY 2, 1986, SUBJECT TO THE ISSUANCE OF
ALL STATE PERMITS; AND THE CLOSING OF CERTAIN STREETS TO
THROUGH VEHICULAR TRAFFIC DURING SPECIFIED DATES AND HOURS
SAID STREET CLOSING SUBJECT TO ISSUANCE OF PERMITS BY THE
DEPARTMENT OF POLICE AND THE DEPARTMENT OF FIRE, RESCUE
AND INSPECTION SERVICES AND ASSURANCES THAT THE CITY WILL
BE INSURED AGAINST ANY POTENTIAL LIABILITY; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE -DAY
NONEXCLUSIVE CONCESSION AGREEMENT WITH THE ORGANIZATION IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.8 AUTHORIZE SALE OF BEER AND WINE IN PEACOCK PARK - KING MANGO STRUT
PARADE; CLOSE CERTAIN STREETS.
RESOLUTION NO. 85-1194
A RESOLUTION AUTHORIZING THE SALE OF BEER AND WINE IN
PEACOCK PARK IN CONNECTION WITH THE KING MANGO STRUT
PARADE SCHEDULED FOR DECEMBER 29, 1985, SUBJECT TO THE
ISSUANCE OF STATE PERMITS; AND THE CLOSING OF CERTAIN
STREETS TO THROUGH VEHICULAR TRAFFIC DURING SPECIFIED
DATES AND HOURS, SAID STREET CLOSING SUBJECT TO ISSUANCE
OF PERMITS BY THE DEPARTMENT OF POLICE AND THE DEPARTMENT
OF FIRE, RESCUE AND INSPECTION SERVICES AND ASSURANCES
THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL
LIABILITY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.9 AUTHORIZE SALE OF BEER AND WINE IN CONNECTION WITH FIESTA BY THE BAY ON
FEC PROPERTY SUBJECT TO PERMITS.
RESOLUTION NO. 85-1195
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST
OF THE LATIN ORANGE FESTIVAL COUNCIL, INC. TO SELL BEER
AND WINE FOR A TWO-DAY PERIOD IN CONNECTION WITH FIESTA BY
THE BAY TO BE HELD DECEMBER 31, 1985 AND JANUARY 1, 1986,
ON THE F.E.C. PROPERTY; SUBJECT TO THE ISSUANCE OF ALL
PERMITS REQUIRED BY LAW.
M
38
December 19, 1985
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.10 ACC EPT COMPLETED WORK OF JOE REINERTSON EQUIPMENT CO., INC.
$189285.00 FOR CITYWIDE SANITARY SEWER REPLACEMENT - DOWNTOWN PHASE
I.
RESOLUTION NO. 85-1196
A RESOLUTION ACCEPTING THE COMPLETED WORK OF JOE
REINERTSON EQUIPMENT CO., INC. AT A TOTAL COST OF
$18,285.00 FOR CITYWIDE SANITARY SEWER REPLACEMENT -
DOWNTOWN PHASE I; AND AUTHORIZING A FINAL PAYMENT OF
$1,828.50.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.11 ACCEPT COMPLETED WORK - DOUGLAS N. HIGGINS, INC. - $431,302.74
FOR WEST FLAGLER STREET STORM SEWER MODIFICATIONS - B - 5504.
RESOLUTION NO. 85-1197
A RESOLUTION ACCEPTING THE COMPLETED WORK OF DOUGLAS N.
HIGGINS, INC. AT A TOTAL COST OF $431,302.74 FOR WEST
FLAGLER STREET STORM SEWER MODIFICATIONS - B - 5504; AND
AUTHORIZING A FINAL PAYMENT OF $70,797.03.
x
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.12 ACCEPT COMPLETED WORK OF P.N.M. CORP. - $52,857.00 - MANOR STORM
SEWER PROJECT (BID "A") - B-5503.
8
RESOLUTION NO. 85-1198
A RESOLUTION ACCEPTING THE COMPLETED WORK OF P.N.M.
CORPORATION AT A TOTAL COST OF $52,857.00 FOR MANOR STORM
SEWER PROJECT (BID "A") - B-5503; AND AUTHORIZING A FINAL
PAYMENT OF $5,285.70.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.13 ACCEPT COMPLETED WORK - WESTERN WATERPROOFING CO. OF AMERICA -
$19,320.00 FOR FIRE RESCUE TRAINING CENTER - TRAINING POOL REPAIR -
B-2773-A.
RESOLUTION NO. 85-1199
i
A RESOLUTION ACCEPTING THE COMPLETED WORK OF WESTERN
_
WATERPROOFING CO. OF AMERICA AT A TOTAL COST OF $19,320.00
FOR FIRE RESCUE TRAINING CENTER - TRAINING POOL REPAIR -
8-2773-A; AND AUTHORIZING A FINAL PAYMENT OF $1,932.00.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.14 BID ACCEPTANCE - CUSHMAN ELECTRONICS FOR FURNISHING ONE LEVELMETER TO
DEPT. OF BUILDING AND VEHICLE MAINTENANCE, COMMUNICATION SERVICES
DIVISION - $5,495.00
RESOLUTION NO. 85-1200
a
A RESOLUTION ACCEPTING THE BID OF CUSHMAN ELECTRONICS FOR
'
FURNISHING ONE (1) LEVELMETER TO THE DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE, COMMUNICATION SERVICES
DIVISION AT A TOTAL PROPOSED COST OF $5,495.00; ALLOCATING
<. 4;
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
r
THIS EQUIPMENT.
RT 39 December 19, 1985
0
r�
(Here follows body of resolULi011, omitted here
and on file in the Office of the City Clerk.)
11.15 BID ACCEPTANCE - MOTOROLA C012-IUNICATIONS & ELECTRONICS, INC. FOR
FURNISHING ONE COMMUNICATIONS SYSTEM ANALYZER TO DEPT. OF BUILDING
AND VEHICLE MAINTENANCE, COMMUNICATION SERVICES DIVISION -
$17,825.00.
RESOLUTION NO. 85-1201
A RESOLUTION ACCEPTING THE BID OF MOTOROLA COMMUNICATIONS
& ELECTRONICS, INC. FOR FURNISHING ONE (1) COPUIUNICATIONS
SYSTEM ANALYZER TO THE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE, COMMUNICATION SERVICES DIVISION AT A TOTAL
PROPOSED COST OF $17,825.00; ALLOCATING FUNDS THEREFOR
FROM THE 1985-86 OPERATING BUDGET; AUTHORIZING T11E CITY
MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE, ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.16 ORDERING RESOLUTION - CITY WIDE HIGHWAY IMPROVEMENT - PHASE III 11-
4516.
RESOLUTION NO. 85-1202
A RESOLUTION ORDERING CITY WIDE HIGHWAY IMPROVEMENT -
PHASE III 11-4516 AND DESIC17ATING THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF
THE COST THEREOF AS CITY WIDE HIGHWAY IMPROVEMENT
DISTRICT - PHASE III 11-4516.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.17 AMEND ASSESSMENT ROLL - CITYWIDE 1981 SANITARY SEWER IMPROVEMENT
DISTRICT SR-5476C BY CORRECTING LEGAL DESCRIPTION OF PARCEL OF LAND.
RESOLUTION NO. 85-1203
A RESOLUTION AMENDING THE ASSESSMENT ROLL FOR CONSTRUCTION
OF CITYWIDE 1981 SANITARY SEWER IMPROVEMENT IN CITYWIDE
1981 SANITARY SEWER IMPROVEMENT DISTRICT SR-5476C BY
CORRECTING THE LECAL DESCRIPTION OF A CERTAIN PARCEL OF
LAND AS DESCRIBED IN SAID ASSESSMENT ROLL.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11.18 AUTHORIZE CITY MANAGER & CITY CLERK TO EXECUTE INSTRUMENT CANCELING
AUGUST 27, 1971 COVENANT TO RUN WITH THE LAND EXECUTED BY PHIL &
SYLVIA WURTZEL & LEJEUNE PROPERTIES, INC. - "LEJEUNE PROPERTIES" (90-
31).
RESOLUTION NO. 85-1204
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE AN INSTRUMENT FORMALLY CANCELING
THE AUGUST 27, 1971, COVENANT TO RUN WITH THE LAND
EXECUTED BY PHIL AND SYLVIA WURTZEL AND LEJEUNE
PROPERTIES, INC. RELATING TO PERMANENT PAVEMENT AND FILL
FOR A SUBDIVISION ENTITLED "LEJEUNE PROPERTIES" (90-31).
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
RT 40 December 19, 1985
11.19 AUTHORIZE CITY MANAGER AND CITY CLERK TO EXECUTE INSTRUMENT CANCEL-
LING SEPTEMBER 2, 1971. COVENANT TO RUN WITH THE LAND EXECUTED BY
FRANK L. KLEBBA - 1077 N.W. 44 AVENUE.
RESOLUTION NO. 85-1.205
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY RANAGER
AND CITY CLERK TO EXECUTE AN INSTRUMENT FORMALLY CANCEL-
LING THE SEPTEMBER 2, 1971, COVENANT TO RUN WITH THE LAND
EXECUTED BY FRANK L. KLEBBA, RELATING TO A TEMPORARY
SANITARY SEWER FORCE MAIN SERVING THE APARTMENT BUILDING
AT 1077 N.W. 44 AVENUE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
II.20 AUTHORIZE ACCEPTANCE OF SEVENTEFN DEEDS OF DEDICATION FOR HIGHWAY
PURPOSES.
RESOLUTION NO. 95-1206
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY
OF MIAMI TO ACCEPT SEVENTEEN (17) DEEDS OF DEDICATION FOR
HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS
IN THE PUBLIC RECORDS OF DAPS COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file in tnu Office of chu City Clerk.)
11.21 AUTHORIZE RELOCATION OF COCONUT PALMS FOR BAYFRONT PARK
REDEVELOPMENT PROJECT.
RESOLUTION NO. 85-1207
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH
THE RELOCATION OF THE DESIGNATED ADULT COCONUT PALMS 20
FT. OR OVER IN HEIGHT, AS REQUIRED FOR THE BAYFRONT PARK
REDEVELOPMENT PROJECT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
12 CLOSURE OF STREETS - ALLOW SALE OF BEER AND WINE AT THE "CALLE OCHO OPEN
HOUSE FESTIVAL".
Mayor Suarez: We're on item 6.
Mr. Rafael Licea: Thank you, Commissioners. My name is Rafael Licea, I live
at 3150 S.W. 18th Street. The only thing is that the resolution that we asked
for to be passed in section 6 included the permission for the sale of beer
during the Calle Ocho Festival. If it is at all possible, we would like to
have something amended there because it reads that the permission to sell
beer for a one day period is hereby granted to the Kiwanis Club of Little
Havana. What we wanted to do was to add there, "And other civic nonprofit
organizations sanctioned by the Kiwanis Club of Little Havana" because other-
wise no other nonprofit organization would be able to sell in the festival.
Mr. Carollo: Do you take the ultimate responsibility?
Mr. Licea: As we have been told by the Alcoholic and Beverage Bureau, the
responsibility goes to the licensee which in this case would be the Kiwanis
Club for their sites where they sell beer and, ds an example, Liga Contra
Cancer, if they pull a permit they would be responsible at their site. The
whole thing is an attempt to control the sale of beers within Calle Ocho so
that the people that are selling there....
Mr. Plummer: Well, that was for a reason. Okay? That was for a reason. Let
me tell you what the problem was, and let me remind the Commission what the
problem was. Remember, that the sale of beer is what helps pay for the
festival. Okay? Now, the real problem came about, was the lack of control of
RT 41 December 19, 1985
many persons who were great enterprise people who took a 30 gallon garbage
can, filled it full of beer and ice and indiscriminately walked up and down
the street selling beer to minors, to everyone. Now, this was a form of
control that said that will not happen in the future. Now, I think that if we
allowed you or any other organization to in on the coat tails of the Kiwanis
the Kiwanis would rightfully look for us to pick up the tab because that is
how they pay for their festival. And I just think that in this particular
case I would find it wrong to allow anyone to come in and take proceeds from
them which they use to stage the festival.
Mr. Carollo: J.L., tie is representing the Kiwanis.
Mr. Plummer: What is the argum<nt? What did 1 miss?
Mr. Rafael Licea: J.L., I'm sorry, you were not listening at that point.
Mr. Odio: J.L., he wants some other people to be able to also sell beer at
their own request.
Air. Licea: We want to give certain organizations the opportunity to be able
to partake of that. We need more spots.
Mr. Plummer: But under your proposal when you came before this Commission
before, you have that right to allow other organizations under your master
license.
Air. Licea: That's what we understood.
Air. Plummer: But you have to retain the control.
Mr. Carollo: That is exactly what I was saying... in the responsibility.
Mr. Plummer: Very definitely.
Mr. Carollo: See, you're an entity that has proven to be responsible every
time we've dealt with you. The Liga Contra el Cancer is. But we don't know
some of these other people and we have to make sure that whomever else you
give the opportunity to participate under your license is going to be con-
trolled and monitored by you.
Mr. Licea: All right, then I withdraw what I said before.
Air. Carollo: Is that understood now, Mr. Manager?
Mr. Odio: Yes.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-1208
A RESOLUTION CONCERNING THE CALLE OCHO OPEN HOUSE 8K
RUN AND FESTIVAL WHICH IS TO TAKE PLACE MARCH 7 AND 9,
1986, RESPECTIVELY, CLOSING CERTAIN STREETS TO
THROUGH VEHICULAR TRAFFIC DURING SPECIFIED HOURS, SAID
STREET CLOSING SUBJECT TO ISSUANCE OF PERMITS BY THE
DEPARTMENT OF POLICE AND THE DEPARTMENT OF FIRE,
RESCUE, AND INSPECTION SERVICES AND ASSURANCE THAT THE
CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY;
ESTABLISHING THE AREA PROHIBITED TO RETAIL PEDDLERS
DURING THE PERIOD OF THE EVENT; AND FURTHER ALLOWING
THE SALE OF BEER AND WINE IN CONNECTION WITH SAID
EVENT, SUBJECT TO THE ISSUANCE OF ALL STATE PERMITS.
(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-
RT 42 December 19, 1985
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.
13 (A) DEFER CONSIDERATION OF PROPOSED ACCEPTANCE OF BID FROM M. VILLA AND
ASSOCIATES INC. (LOCAL DRAINAGE PROJECT E-55).
(B) REQUEST ADMINISTRATION TO DEVISE FORMULA THAT WOULD ALL014 THE CITY
TO PENALIZE CONSTRUCTION COMPANIES WHO DO NOT MEET COMPLETION DEADLINES.
Mr. Dawkins: Mr. Mayor, I intended to pull 17 instead of 19.
Mayor Suarez: I think I asked for that already, so I think... Is that
correct, Mr. City Manager? We have 17 pulled out already from the Consent
Agenda. Did we not?
Mr. Plummer: 17, 18, 19, the Mayor pulled 17 and 18; Dawkins pulled 19, 24;
and the Mayor pulled 26.
Mayor Suarez: Is there one you didn't intend to pull out then, Commissioner,
so we can vote on it real quickly?
Mr. Dawkins: No, that's okay, no problem.
Mayor Suarez: What is the next one that's pulled out?
Mr. Odio: 17, you pulled that out, Mr. Mayor, and 18.
Mayor Suarez: My only question is, Mr. City Manager, Mr. Cather, is I know
the site now has to do with where the restaurant La Carreta is and I know that
gets quite flooded over there. What I'd like to know is how long will this
project take. I know there is a provision for how long it is supposed to
take, but my question is how will we be sure that they will complete the work
in the amount of time given and do we have any penalties in case they don't.
Mr. Don Cather: We definitely have penalties in case we don't. There are 150
working days. Martin Vila has shown to have a record of being on time and
keeping himself within the construction.
Mr. Plummer: What is the penalty?
Mayor Suarez: What is the penalty? Thank you, Commissioner.
Mr. Cather: I'd have to look at the contract. It's probably $500 a day.
Mr. Plummer: Can this Commission increase it?
Mr. Cather: Yes, they can, yes.
Mr. Dawkins: Good, because Mr. Mayor, I have the same concerns.
Mayor Suarez: I think we all have the same concerns.
Mr. Dawkins: Every Commissioner up here has the same concerns. They went on
12th Avenue; they took two years, N.W. 12th Avenue. 7th Street has been torn
up. Now we're going to come along and disrupt business on S.W. 8th Street.
Mr. Plummer: Let me tell you the final insult if you haven't seen. This
company....
Mayor Suarez: I'm afraid to hear it.
RT
43
December 19, 1985
Mr. Plummer: ....who has insulted this City on S.W. 7th Street has now
further insulted this City by not finishing 7th Street and now they've already
started tearing up S.W. 8th Street. Who in the hell let them start tearing up
a second street before they ever finished for the first one? It's absolutely
ludicrous!
Mayor Suarez: I'm an affected party there because my building is bordered by
7th and 8th and either way I'm stuck, so I guess I could never vote on this
item or something, but I certainly would like clarification as to Commissioner
Plummer's question on that issue. What is S.W. 8th Street being torn up at
the same time as S.W. 7th Street as they both approach Brickell?
Mr. Odio: I'll explain, but you cannot change the penalty now. It was bided
this way.
Mr. Plummet•: No, no, no, you are absolutely wrong, my Manager.
Mr. Odio: That is what my City Attorney is telling me.
Mr. Plummer: That's fine, we'll just throw out all the bids.
Mr. Odio: Unless....
Mr. Plummer: That's simple.
Mr. Dawkins: Ask the City Attorney if that's legal.
Mr. Plummer: Sure that's legal.
Mr. Odio: You don't have to throw out the bids, because they might agree to
changing it.
Mayor Suarez: Under that threat, I'm sure they would agree.
Mr. Cather: We also might have... we have liquidated damages in there and
penalties assessed. All you're saying is you may want to change it from $500
a day to $600.
Mr. Dawkins: No, no, no, don't put no words in our mouths.
Mr. Cather: I feel that $500 or whatever we have in there is adequate for
this size of job.
Mr. Dawkins: That's why I have a problem with you.
Mr. Plummer: You think it's adequate?
Mr. Dawkins: You always think that it is adequate and when the job doesn't
get done, then you tell me, well, we're going to assess the damages. So what?
There is no way in the world we can compensate the people on S.W. 7th Street,
S.W. 8th Street and N.W. 12th Avenue for the business they lost. And the same
individuals continue to come in the low bid and we continue to give them the
work. Now, some kind of way, just like on that other project, they should put
up a ten million dollar bond and they should be assessed every day $5,000 a
day taken from the... put up a cash bond. And we take our money from it every
day till they finish. Don't wait until they finish and you tell me that we
got liquidated damages at $5 a day and the people have been inconvenienced for
forty million dollars and you're going to tell me we got $5,000 for it.
Mayor Suarez: Just if I might have a suggestion on this, if you take the
total amount of the project and divide it by the number of days, you're
talking about over $2,000 per day that they're receiving for this project.
Maybe we should be looking at d penalty or liquidated damages fee in that
vicinity. I shouldn't call it penalties, some court might invalidate. it. But
they always have ways around it. If they don't complete it on time and they
claim it was an act of God or materials were not available, there was a war,
whatever, they always get around it. But we do want to have a little bit
bigger stick.
Mr. Plummer: The problem on 7th Street and 8th Street, let's remember, is not
a City project. It is a D.O.T.
RT 44 December 19, 1985
Mr. Odio: D.O.T., and Mr. Mayor....
Mr. Plummer: Let me ask you, Mr. Cather, very quickly, this relates to the
discussion. What would be wrong with a formula that says that a penalty for
not complying is one tenth of one percent of the total project? In this
particular case, it would be about $6,390 a day. I mean it is proportionate
and a company who you tell me always completes on time should have no problem
with that. Madam City Attorney, is that....
Mayor Suarez: The problem with one percent per day is that if....
Mr. Plummer: I said one tenth of one percent.
Mayor Suarez: One tenth of one percent, okay. If they are a thousand days
late, they get nothing.
Mr. Plummer: That's right, but in this particular case, every day that they
are not on time, it's costing them $6,390. What I'm trying to do is establish
a formula of fairness. If the project is $100,000, their penalty is less.
Mayor Suarez: I think the amount is a lot closer to what this Commission
feels, Don, would be a fair liquidated damages amount for each day late that
they are. that is not attributable to them, I mean, they'll always come back
and try to convince us it is not attributable to them, I'm sure.
Mr. Cather: The way I have tried to assess liquidated damages has been to
take the value of the project and then say, all right, we've got a project
we've invested at this point in time a million dollars in the project at ten
percent. That is a hundred thousand dollars we've got tied up in interest
alone and then divide that by the number of days and that's the approximate
amount of the liquidated damages I feel I can justify in court.
Mr. Plummer: Well, we're going to take it out of your hands.
Mr. Dawkins: Let me tell you what my concern is. This same individual who
holds us up will take the subcontractor and don't pay him and the
subcontractor ends up going out of business. How are we going to compensate
him with $5,000 liquidated damages?
Mr. Plummer: We do that with the ten percent we hold back. That's normal.
Mrs. Kennedy: Mr. Mayor, I'd like to find out the legal opinion from Mrs.
Dougherty.
Mayor Suarez: I think she is going to recommend that we defer the item so we
have a little time to negotiate this.
Mrs. Dougherty: Yes, sir, Mr. Mayor, at this time it's in the bid, so if you
accepted the bid, then you cannot change liquidated damages without an
agreement from the other side. Liquidated damages have to be reasonable, they
have to approximate the amount of damages....
Mr. Dawkins: Throw them out and start over. There's enough streets torn up
out there anyway, we got a lot of time. Throw them out and start over.
Mayor Suarez: The technical way is that we would defer the item to discuss
further as opposed to negotiate further.
Mrs. Kennedy: I move to defer.
Mayor Suarez: We have a motion. Do we have a second?
Mr. Dawkins: Second.
Mayor Suarez: We have a second. Do we have any further discussion?
Mr. Plummer: What is the motion?
Mayor Suarez: To defer the item with the understanding that the City will
further discuss the possibility of a higher liquidated damages fee.
sl
45
December 19, 1985
Mr. Dawkins: If not, what are we going to do? We're going to throw them out
and start over?
Mayor Suarez: I'm sure that if it's not acceptable to us, you can try that
avenue, Commissioner.
Mr. Dawkins: Thank you.
Mayor Suarez: Call the roll, please.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 85-1209
A MOTION DEFERRING CONSIDERATION OF PROPOSED
ACCEPTANCE OF BID FROM M. VILA AND ASSOCIATES, INC.
FOR LOCAL DRAINAGE PROJECT E-55 FOR FURTHER
INFORMATION IN CONNECTION THEREWITH.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo*
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
* NOTE: Though absent on roll call, Commissioner Carollo requested of the
Clerk to shown voting in favor of the motion.
Mr. Plummer: I make a motion at this time that the City Administration be
charged with coming up with a formula of penalties. My recommendation is not
fixed, but flexible, of one tenth of one percent per day of uncompleted work.
I'm not hard and fast on that number, but come back and give us something that
is going to out some teeth into it and make these people do what they're
supposed to do. You come back and recommend one percent, I might not have a
problem with that. I so move.
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Call the roll, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1210
A MOTION INSTRUCTING THE ADMINISTRATION TO REVIEW AND
INCREASE THE PENALTY FEE PRESENTLY ASSESSED AGAINST
CONSTRUCTION COMPANIES THAT DO NOT MEET ESTABLISHED
DEADLINES FOR COMPLETION OF CITY PROJECTS FURTHER
REQUESTING THE ADMINISTRATION TO COME BACK WITH A
RECOMMENDATION IN THE AREA OF MOTH OF 1% OF THE
TOTAL PROJECT, PER DAY.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
sl 46 December 19, 1985
f;
F
AYES: Commissioner Joe Carollo*
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
*NOTE: Though absent on roll call, Commissioner Carollo requested of the
Clerk to show him voting with the motion.
Mr. Odio: Mr. Mayor, may I answer your question on 7th and 8th Streets,
Commissioner Dawkins? That is a D.O.T., Department of Transportation project.
I met with Garcia Allen, who is the contractor on the job site the first day I
took over. I demanded that we get an explanation because the City of Miami is
getting the blame for it. The businesses are being hurt. He told me that it
was the fault of the inspection system that the D.O.T. had placed on that job,
that he was being hurt himself because he had crews in place and equipment in
place and some days he couldn't work. I met with the Regional District
Director of D.O.T. and he is supposed to come to us with a full explanation of
what happened in that project and also on Flagler and 47th Avenue.
Mr. Plummer: Mr. City Manager, excuse me, doesn't this City issue permits for
that work, even though it is a State project?
Mr. Don Cather: We don't issue project permits to the State, no.
Mr. Plummer: We don't do any inspections or any permits in any way, shape or
form?
Mr. Cather: No, sir.
Mr. Odio: Those are right-of-ways that they own.
Mr. Plummer: They can build within this City roads without this City having
any approval.
Mr. Cather: That is correct.
Mr. Plummer: They can move utilities.
Mayor Suarez: Is that true of the County too or just the State?
Mr. Cather: County and State.
Mr. Odio: County and State. It is important that we clarify it to the
citizens of Miami what is happening in this situation because the businesses
are getting hurt badly and I will ask the Regional Director to come here the
next meeting of this Commission to give you a full explanation of what's
happened on those jobs.
Mayor Suarez: I'm sure in the case of the County, maybe not in the case of
the State, but I'm sure in the case of the County, being a coequal
jurisdiction with them, we could impose certain restrictions before we approve
beginning of work on streets that affect the citizens of Miami and maybe you
ought to consider that in the future.
Mr. Cather: One thing that I would like to add my earlier statement, in the
case of, say, the County on 17th Avenue, they come to us. We discuss the
relocation of utility street lights, because that does affect us and we do get
involved in that.
Mayor Suarez: It would be nice to be able to have
cases just to refuse, but that's not before us today.
Mr. Plummer: That's true.
Mayor Suarez: All right, sir, thank you much.
the ability in certain
sl
47
December 190 1985
14 BID ACCEPTANCE "PENINSULAR ELECTRIC COMPANY" FOR BICENTENNIAL PARK -
PRIMARY ELECTRIC DUCT-1985 ($34,505)
Mayor Suarez: The next item that has been pulled out.
Mr. Plummer: 18.
Mr. Odio: 18, do you have any questions on that item, Mr. Mayor?
Mayor Suarez: Well, I just wanted to know what exactly was being done there,
but in view of the amount of money involved, I'm going to defer it to the City
Manager's discretion and the City staff and not question further the item. Do
we have a motion on 18?
Mr. Plummer: So move.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1211
A RESOLUTION ACCEPTING THE BID OF PENINSULAR ELECTRIC
CO., INC. IN THE PROPOSED AMOUNT OF $34,505.00, TOTAL
BID OF THE PROPOSAL, FOR BICENTENNIAL PARK - PRIMARY
ELECTRIC DUCT - 1985, WITH MONIES THEREFOR ALLOCATED
FROM "SPECIAL PROGRAMS & ACCOUNTS" IN THE AMOUNT OF
$34,505.00 TO COVER THE CONTRACT COST; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo*
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
*NOTE: Though absent on roll call, Commissioner Joe Carollo asked of the
Clerk to show him voting with the motion.
15 BID ACCEPTANCE: "P.N.M. CORP." - BAYFRONT PARK REDEVELOPMENT -PHASE II
($6,871,000)
Mayor Suarez: Item 19.
Mr. Dawkins: Mr. Mayor, on 19, this is the same contractor that did the
tennis courts at Hadley Park and it comes right back to what we said, shabby
work and untimely work. And now he has a history of not performing and now
we're going to give him $6,8719000. I mean I would hope that some way you
would ride herd on this individual and see that the work is done on time and
in a timely manner. I so move.
sl 48 December 19, 1985
Mr. Plummer: Don't defer it today until this new ordinance comes in as to the
penalties.
Mr. Odio: Commissioner Dawkins, it's not the same contract. Please let us
clarify that.
Mr. Dawkins: All right, hold on. In the packet that you sent me it says
experience, eight years. Buena Vista Highway Improvement, $1,150,000;
Allapattah Mini Park, $630000; Hadley Park tennis courts, $125,000; Citywide
Paving Project $391,000; Manor Storm Sewer Project $65,000; Allapattah
Industrial Area Highway Improvements $1,177,544; Bayfront Park Development
Phase I $750,000. Did he or did he not do Hadley Park?
Ms. Juanita Shearer: Commissioner Dawkins, P.N.M. Construction did do, as is
listed, the tennis courts on Charles Hadley Park.
Mr. Dawkins: That's all I said.
Ms. Shearer: But, sir, if you please, the contractor with whom we had the
greatest amount of difficulty was not this contractor. It was another
contractor, the tennis courts were finished correctly on that project and on
time.
Mr. Plummer: Where does the buck stop?
Mr. Dawkins: Who's the guy who had the overall...?
Ms. Shearer: L.G.H. Construction was the problem contractor.
Mr. Dawkins: And you have him on a list not to receive any more City
contracts?
Ms. Shearer: I do not believe that we... just a second.
Mr. Don Cather: If L.G.H. has performed poorly, we would certainly question
them before we would award them another contract.
Mr. Dawkins: That's not what I said, sir. All right, put him on the list.
What about the people who did Moore Park? Who did that?
Mr. Cather: Ame Construction Company.
Mr. Dawkins: Are they on the list not to get any more City work?
Mr. Cather: Absolutely.
Mr. Dawkins: Thank you, I move 19. Oh, no, I mean I defer 19 until we get
that clause in it. Tell me why not.
Mr. John Gilchrist: We're under a tight schedule with the UDAG grant.
Mr. Dawkins: It's awful funny. Every time you all come up here and when we
have a minority contractor....
Mr. Gilchrist: Sir, we have a six million dollar UDAG grant. We do have a
minority contractor.
Mr. Dawkins: You always tell me about a tight schedule. But when we don't
have a minority, a Latin, a Cuban or a Black, we are on no tight schedule.
Mr. Gilchrist: We're on a tight schedule to award it to a minority
contractor.
Mr. Dawkins: That's my problem!
Mr. Gilchrist: Because the UDAG grant requirement....
Mr. Dawkins: That's my problem! You always get in a hurry and you don't give
it to us till the last time. You should have had enough time where we could
negotiate. Now you come here at the last minute and we have to go.
Mayor Suarez: What is the urgency, John?
sl
49
December 19, 1985
Mr. Gilchrist: The deadline is December 31, 1986 to complete the work.
Mr. Dawkins: I move it. Mr. Gilchrist, you say it should be moved. I move
it, Mr. Gilchrist.
Mayor Suarez: Commissioner, just let me hear what the urgency is, please.
Mr. Gilchrist: The UDAG grant requires that we complete the work by December
31, 1986. That's one year from now to complete this $6,700,000 contract.
Mayor Suarez: What is the project? What are they doing? This is part of the
twenty-one million dollars altogether that's being spent?
Mr. Gilchrist: Yes, sir.
Mayor Suarez: What are they doing for the six plus million dollars? Six
Point nine.
Mr. Gilchrist: It's everything from Flagler Street, we call it the Promenade,
the north line is Flagler Street, north to the park to Bayside; I can list
out all the items, but it's all everything except the stage and the
amphitheater.
Mr. Plummer: Would you say the big thing? Would you say how much you had it
scheduled for and how much this is under? I think that is very important.
Didn't you tell me that your projections were over seven million dollars?
Mr. Gilchrist: Yes, $7,055,000 was our projection.
Mr. Plummer: And this one came in way under and I think that is very
important to remember.
Mayor Suarez: Will this take any advantage of that marble that was donated or
hopefully will be donated by the Spanish gentleman?
Mr. Gilchrist: That is in the Corps of Engineers project, which is another
six million dollar project. That is where the Spanish granite goes.
Mayor Suarez: I thought the Corps of Engineers was going to be basically
doing the seawalk and the baywalk.
Mr. Gilchrist: They're doing the seawall, the baywalk and the Pepper
Fountain.
Mayor Suarez: They are doing the Pepper Fountain. Does this require the
removal of the library?
Mr. Gilchrist: At this point this does not require the removal of the
library.
Mayor Suarez: We're going to build around the library at this point.
Mr. Gilchrist: We have other items later on the agenda.
Mayor Suarez: I understand one of the Commissioners has stated his
willingness to have the library torn down and that's a welcome change because
that means we can move very quickly on the park.
Mr. Gilchrist: Sir, we have a later item on the Commission which would
require the library to come down to accept.
Mr. Plummer: Call the roll.
sl 50 December 19, 1985
j • •
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-1212
A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION
IN THE PROPOSED AMOUNT OF $6,8719000.009 BASE BID OF
a THE PROPOSAL, FOR BAYFRONT PARK REDEVELOPMENT - PHASE
II, WITH MONIES THEREFOR ALLOCATED FROM "BAYFRONT PARK
REDEVELOPMENT" ACCOUNTS IN THE AMOUNT OF $6,871,000.00
t 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 Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo*
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
*NOTE: Though absent on roll call, Commissioner Joe Carollo requested of the
Clerk to be shown voting with the motion.
�A
----------------------------------------------------------- -------------------
'^'
16 RESCIND R-85-1040 AUTHORIZING CONTRACT WITH SUPERIOR SEAWALL SERVICE INC.
(WAINWRIGHT PARK BULKHEAD REPAIRS- $31,210)-INSTRUCT ADMINISTRATION TO
READVERTISE FOR BIDS.
Mayor Suarez: What is the next item we pulled out?
Mr. Odio: Item 24.
Mr. Plummer: Item 24.
Mr. Dawkins: I pulled 24. Didn't we discuss this and wasn't this money
appropriated and then we put it back out for bid again?
Mayor Suarez: I believe the City Manager wants to withdraw this item. Do you
not?
Mr. Odio: No.
r`
Mayor Suarez: I'm sorry. Go ahead.
x'
Mr. Odio: What happened on contractor that obtained this , the original g' job
decided he would lose money on it. He asked to be withdrawn from the job.
The second bidder is 50 percent higher than estimates. We decided to rescind
this contract and advertise again.
Mr. Dawkins: Did you make the first contractor pay a penalty?
x,
t�
Mr. Cather: Yes, we forfeited his bid bond.
r1
Mr. Odio: He forfeits, yes.
Mr. Dawkins: Thank you. Move 24.
Mr. Plummer: Second.
sl 51 December 19, 1985
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-1213
A RESOLUTION RESCINDING RESOLUTION 85-1040 WHICH
i AUTHORIZED THE CITY MANAGER TOO EXECUTE A CONTRACT
WITH SUPERIOR SEAWALL SERVICES, INC., IN THE AMOUNT
OF $31,210.00 FOR WAINWRIGHT PARK BULKHEAD REPAIRS;
REJECTING ALL BIDS SUBMITTED SEPTEMBER 19, 1985 IN
CONNECTION WITH SAID PROJECT; AND FURTHER AUTHORIZING
THE CITY MANAGER TO READVERTISE FOR NEW BIOS.
(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.
17 AUTHORIZE $50,000 IN SUPPORT OF FIVE NATIONAL TELECASTS FROM THE CITY OF
MIAMI OF THE PHIL DONAHUE SHOW
Mr. Plummer: Mr. Mayor, you pulled 26 in reference to the Donahue Show.
Mayor Suarez: I have two questions on this. Exactly, Mr. City Manager, why
are we sponsoring the Donahue Show? I mean, is this the consensus of the
Commission....
Mr. Odio: Yes, sir.
Mayor Suarez: ....that is going to be very desirable and all the other things
that we sometimes have refused to consider in funding other special...
whatever you call it, activities or events.
Mr. Odio: No, sir, the policy of the City Commission in past years has been
to fund specifically T.V. originations and also big events. This is one week
of television live from Miami.
Mr. Plummer: From the Marine Stadium.
Mr. Odio: From the Marine Stadium, every morning with ratings of over
30,000,000 people a day, we are buying this program for $50,000.
Mr. Carollo: What we're doing, Mr. Mayor, is buying advertisement to promote
the City of Miami. That is in essence what we're doing.
Mayor Suarez: Do we have any control over what the show content will be?
Mr. Odio: Yes, sir. Not the content of the Phil Donahue Show itself. We
have been given 20 seconds for the opening and four spots of ten seconds each
which we can tell him what to show.
Mr. Plummer: Same as Miss Universe.
sl 52 December 19, 1985
•
0
Mr. Odio: We cannot tell him what not to show in their program.
Mayor Suarez: Do we have any idea what that show will be about while he's
down here?
Mr. Odio: He will not tell us, sir.
Mr. Carollo: What is the value alone of the spots that we're getting, not
including the advertising of Miami, the views of Miami they'll be showing and
everything else.
Mr. Odio: You're obtaining, I'm going to guess that you're obtaining one
minute per show; if you went to buy advertising there, I guess the minimum
would be $90,000 per show.
Mr. Carollo: And they're going to show five shows from Miami.
Mr. Odio: Five live shows from Miami.
Mr. Carollo: So it would be at minimum $450,000 that we're getting.
Mr. Odio: Minimum.
Mr. Carollo: Not including all the other times that they're going to showing
downtown Miami and talking about Miami and everything else.
Mr. Odio: Well, we're moving the stage, I might as well let you know, the
stage at the Marine Stadium is fixed in the center. We're moving it to the
side, coming west so that every time the camera focuses on Mr. Donahue what
you will see is downtown Miami area every single minute of that program.
Mr. Carollo: Can you imagine, Xavier, my colleagues in the Commission, when
this show comes on the air, while the rest of most of the UniLad States is
going to be freezing cold, other parts snowed in, they're going to be showing
sunny Miami. Hopefully it will be sunny those days and all the water oriented
activities we have, the new Miami that we're building. I think it's just
going to help to bring a tremendous amount of tourists back into the City of
Miami.
Mayor Suarez: Commissioner, I'm willing to vote for it. I'm ready to vote
for it, so if you want to hear it....
Mr. Carollo: I'll make the motion.
Mr. Plummer: Just one other, one quick, so you know, Xavier. Our $50,000 I
was able to match through the T.D.C. and got the additional $50,000 for a
total of $100,000. We were out of that special promotion fund, but it is a
total of $100,000.
Mayor Suarez: Any further discussion? We have a motion.
Mr. Plummer: Move it.
Mayor Suarez: Second?
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
sl
53
December 19, 1985
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1214
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$50t000 FROM SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT
OF FIVE NATIONAL TELECASTS FROM THE CITY OF MIAMI ON
THE PHIL DONAHUE SHOW DURING FEBRUARY, 19869 WITH THE
DISBURSEMENT OF SAID SUM BEING AUTHORIZED ON A
REIMBURSEMENT BASIS IN SUBSTANTIAL ACCORDANCE WITH THE
PROVISIONS OF THE ATTACHED CITY CONVENTION BUREAU FACT
SHEET.
(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.
18 REFER BACK TO ADMINISTRATION PROPOSED PLANS FOR THE CREATION OF A
DEPARTMENT OF BUILDING, ZONING AND PLANNING
Mr. Carollo: If it's the will of this Commission ,can we take up item 37
then?
Mayor Suarez: All right. This is my proposal. It basically recognizes that
over the last three and a half years the Fire Department was been required or
instructed by the City Commission by an ordinance, I believe, to in effect,
have within its domain building and zoning functions and probably for good
reason three and a half years ago. At the same time it takes into
consideration the fact that it is time that Miami have its own Building,
Zoning and Planning Department and at the same time we don't create any
additional bureaucracy. I therefore have proposed to take all the building
and zoning functions currently located at the same building as the Planning
Department, place them under the Director of Planning and call it the
Department of Building and Zoning and Planning Department. The idea also is
to concentrate in as many functions that other jurisdictions have in one
person; that is to say zoning director or zoning administrator in the case of
our code, department director and building official, in one person, so that
we don't have an overabundance of top management people doing different
functions that in other jurisdictions done by one person. I think it is
incumbent on this City to have a building and zoning division or building and
zoning department under a professional planner, professional technician in the
field and I think by making this change we would so do and in effect go back
to what we had prior to the problems that I know we were undergoing at the
time and that probably have been cured. It is my hope that the enforcement of
the zoning code and any possible corruption will be just as effectively
prevented by the new director of this department as has been in the past by
the Fire Department. I believe it would so happen and on that basis, this
would be my motion at the appropriate time I will so move and in fact, to make
It a little quicker, Vice Mayor, would you take the symbolic presidency of
this council and I will make that motion to adopt the ordinance that would
effectuate the purposes I've just stated.
Mrs. Kennedy: Mr. Mayor, I'm going to side with you. I think it is a matter
of common sense to have the building and zoning department administered by a
professional. I think that firemen and professionals in their field and we're
sl 54 December 19, 1985
'%k 4%
very proud of the job they do, not only in putting out fires, but in making
sure that buildings meet code requirements. It is for these reasons that I
U'
believe that the planning and zoning matters are best left to professional
planners in the City.
-
Mr. Plummer: Under discussion.
Mr. Carollo: J.L., can I make a quick statement?
3
Mr. Plummer: Sure.
Mr. Carollo: Maybe if the City Attorney can read to us... Well, before we
get into that, maybe I misunderstood the motion. Is it the intention of the
maker of the motion to place the complete responsibility of both zoning,
building and planning into the office of the present Director of Planning,
Sergio Rodriguez?
:
Mayor Suarez: We'd be creating a Department of Building, Zoning and Planning;
theoretically director does not have to remain the same director as we now
have for the Planning Department, theoretically. Not just theoretically,
actually, the City Manager can change that individual.
Mr. Carollo: You are saying then to remove Sergio Rodriguez as the Director
of Planning and place him....
Mayor Suarez: I have my own hope that there be no removal, but I am not
trying to instruct, nor am I able to instruct the City Manager on who he
should appoint.
Mr. Plummer: Excuse me, may I interject?
Mr. Carollo: J.L., what I'm trying to find out.
Mr. Plummer: He cannot stay in that position. He does not qualify under the
State Statutes. He would have to be removed.
Mr. Carollo: That's what I was trying to find out.
Mayor Suarez: Wait wait, the only thing he does not qualify for is to be a
building official under the South Florida Building Code. That function is now
performed by someone totally different from the Department Director and from
the zoning administrator, so we would at least be taking three functions and
combining two of them into one person and one other one would still be...
probably would be the same individual, although I'm again not telling you, Mr.
City Manager, who the building official should be. We do have a building
k:
official under the South Florida Building Code. Do you know his name? Is it
Mr. Ventura? Who qualifies under the code and who would be in that
department.
Mr. Odio: I'd have to check that.
Mayor Suarez: I'm pretty sure it's Mr. Ventura. I'm sure he's a professional
architect and qualifies under the South Florida Building Code.
Mr. Odio: It is Ventura.
..
Mr. Carollo: I think the question that I want an answer from the City
Attorney has basically been answered. There are certain requirements that we
have to meet with the State law as far as who that individual shall be. It is
apparent that while Sergio is a very capable administrator, he does not meet
9 Y
these other requirements in the combination of building, zoning together with
planning.
Mayor Suarez: In fact, you have
pointed out something that the
City Attorney
and City Manager have already
pointed out. The ordinance
that we have
drafted before us reflects in
effect that correction, that
the building
official will be a separate individual in the case that the
department
r4
director is not qualified to be
the building official, which is exactly the
way it is now.
Mrs. Dougherty: Mr. Mayor, the
way the ordinance is written,
presently, it
requires the director to serve all
three functions: the zoning administrator,
sl 55 December 19, 1985
ru
the building official, and the planning director. It would take a very very
minor change to change it so he appoints the building official, if that is
what your desire is to do.
Mayor Suarez: I thought you had done that already, but yes, that would be my
motion that we make that change.
Mr. Plummer: Commissioner Carollo, are you finished?
Mr. Carollo: Yes, sir.
Mr. Plummer: Mr. Mayor, it is unfortunate that this is being done or proposed
to be done in such a quick manner. I want to tell you that as I have set on
this Commission for some - do you have a problem, sir? Well, as soon as I'm
finished I'll be glad to give you the floor, sir.
Mayor Suarez: No you won't, I'll be glad to give you the floor, sir.
Mr. Plummer: Fine, we might overrule that. ...
Mr. Dawkins: All, both of you are wrong...
Mr. Carollo: Miller has learned a lot in four years, huh?
Mayor Suarez: I'm afraid to see what he'll be like in eight years.
Mr. Plummer: There were a great deal of reasons why this was instigated as it
presently is today, some three -and -a -half or four years ago. I want to tell
you that at that particular time we felt it was of such importance that we had
a study done, which we knew what would be needed, and we held two public
hearings. And I think anything less than that today to change it back, in my
estimation, would be irresponsible. Unfortunately, unfortunately it has to be
said, that the main reason that this was changed was not only because the Fire
Department is the biggest portion of Zoning and Building Safety, it was a
natural that this be done. Unfortunately, in the past, there were a great
number of people who were fired, terminated, indicted; and that is why that we
made a change and that was the convincing argument. More importantly, I think
it has to be remembered in the three -and-a-half years of experience in the
Fire Department where it presently rests, there has been the biggest
construction of this City that has ever taken place - Bayside, Brickell
Avenue, all of the rest of the major projects have taken under the direction
of the Fire Department. And, Mr. Mayor, there has not been a single finger
pointed of honesty and integrity, not a first - no indictments, no termi-
nations, no changing of people, not even a hint of scandal has existed, none.
If that doesn't speak highly for a situation that is working, I guess I must
say don't fix it. But I think for this Commission to take action today
without going through the procedures and a new administrator who could make a
recommendation to this Commission. He is the professional, we are not. I
would hope that this Commission would afford the administration the time to
review those reasons, this was instigated, to review and look at those things
that have transpired during the tenure of the Fire Department to allow him to
come back and say to this Commission, "Commission, I think yes, there is need
for some modifications or there is no need for modifications," and finally,
with all of that information in hand, fie be provided the opportunity to make
an intelligent professional unbiased - recommendation to this Commission. I
will ask for a substitute motion at the appropriate time - that this matter be
sent to the administration of this City for a period not to exceed 90 days, to
study, as I have just outlined, to come back at the end of that period of
time, and if there is to be any changes or complete change, that this
Commission will immediately instigate two public hearings, in which the entire
community will have the time and have their right of input. There is a
difference between an ordinance proposed change, as it exists on an agenda,
and that as it exists as a public hearing. At this particular time, I think
to do any less than have the intelligent thinking of the professional staff
would not be proper and in order. I am going to ask at the appropriate time
that my substitute motion be considered.
Mr. Carollo: Commissioner, I tend to agree with what you said, and I would be
happy to second that substitute motion, and then open it up for any further
discussion.
RT 56 December 19, 1985
Mayor Suarez: We have a second, it is under discussion. I guess both are
under discussion at this point. No?
Mr. Plummer: I think the substitute takes precedence.
Mayor Suarez: The substitute is under discussion.
Mr. Dawkins: Any further discussion though?
Mayor Suarez: On the second one? Yes. Let me say that, of course ...
Mr. Dawkins: Take the substitute motion first.
Mayor Suarez: Yes, they're really interrelated. On the second one, assuming
k
that we go forth with the first motion, we will have, of course, a public
hearing at the second reading of this ordinance. I will point out that the
last time we made this change when we changed from the existing setup of a
'
Building and Zoning Department, eliminated it and put it under the Fire Rescue
and Inspection Services Department, we did so in the form of an ordinance, and
may or may not have been recommended by the City Manager, and I have no
a
problems, of course, with the City Manager making a recommendation, and if the
City Manager had requested that he be given additional time to consider this,
I would so be disposed, but lie has not requested it. This Commission is quite
capable of deciding public policy such as the placing of Building and Zoning
functions under the Planning Department, which has functions quite similar,
and consolidating those to simplify a little bit the City bureaucracy. The
confusion that prevails out there is what concerns me the most; to have
someone come into the City of Miami, and call information, and ask for
Building and Zoning Department, a City which has as much building and zoning
i
taking place and not be able to get a number because there is no such
department, or even one that sounds like it, is something that is highly
objectionable to the construction community, and I think indeed to all
Miamians. So I don't see what we would accomplish by waiting 90 days. I do,
of course, want community input and we would have that at the second hearing
on the ordinance being proposed. Therefore, I will vote against the motion to
defer.
Mr. Carollo: Let me go a little back into time when this change came about.
There was a tremendous amount of studying, discussions, planning and thought
put into that change, and this is coming from the one vote at the time that
voted against that change. I was the sole vote on this Commission that voted
against that change, so I have some reservations; some I think that have been
expressed here, and at the same time I'd like to say that I feel that the
integrity that has been shown in the last three to three —plus years since we
made that change, has been integrity unequal to none. But I think that it is
appropriate to re —look at this whole situation and I'm very much willing to,
but I'm willing to do it in an organized manner where we get input from our
professionals, where we get input from the public, and after we do that, well
then, let's come to a conclusion that will be the best conclusion for this
community. Maybe we need to have a change; maybe the change should be major,
maybe it should be minor, maybe no change at all, but let's do it in a
moderate pace, making sure chat we don't go about it in such a radical way
that instead of accomplishing the positive goals that you and all of us want
to accomplish we just do the opposite and create more problems than whac we
might have now.
Mayor Suarez: So you want to do it more or less the way we select a City
Manager.
Mr. Carollo: Xavier, you know that
is your opinion, I'm just talking about
this and not about the City Manager.
Mayor Suarez: You did it within two
hours after I first started functioning
as Mayor of the City of Miami, in a Commission Meeting.
Mr. Carollo: Xavier, I'm sorry you feel that way about it.
Mayor Suarez: All right, well, you
don't have to be sorry about it, that's
�-
exactly, that's a fair comparison.
Mr. Carollo: No, I don't think it
is. I'm just sorry that you have hard
feelings about chat.
rt 57 December 19, 1985
40
Mayor Suarez: I don't have any hard feelings.
Mr. Dawkins: I campaigned, and one of my campaign issues was to remove the
Zoning and Building from the Fire Department. Since that time, individuals
have come to me and said that is the proper way to do it but this is not, and
they told me, that this ordinance needed to be studied further to ensure that
we do that properly. So the only way we can do that is by having public
hearings and allow the same individuals who spoke to me to have some input.
So, therefore, I will be voting in favor of the substitute motion to take the
90 days to study it, and bring back what the professionals, and the laborers,
and the builders, and what have you tell me that they think will work.
Mayor Suarez: I don't think there is any further discussion pending on that
second motion.
Ms. Hirai: Roll call on the substitute motion:
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1215
A MOTION REFERRING BACK TO THE ADMINISTRATION PROPOSED
PLANS FOR THE CREATION OF A DEPARTMENT OF BUILDING ZONING
AND PLANNING TO FURTHER STUDY SAME BY A PERIOD NOT TO
EXCEED 90 DAYS; FURTHER STATING THAT IF THERE WERE ANY
CHANGES RECOMMENDED BY THE ADMINISTRATION BY SAID PERIOD,
THE CITY COMMISSION WOULD IMMEDIATELY, AT THAT TIME, HOLD
2 PUBLIC HEARINGS IN ORDER THAT THE COMMUNITY MAY HAVE A
CHANCE TO GIVE THE COMMISSION THEIR INPUT IN CONNECTION
WITH SAID PROPOSED CHANGES.
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.
Vice -Mayor Miller J. Dawkins
NOES: Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: What was the time period that we're going to get that back in?
Mr. Dawkins: 90 days.
Mayor Suarez: Does it state no later than 90 days?
Mr. Plummer: Yes, 90 days and two public hearings.
Mr. Dawkins: Now,on the first motion?
Mayor Suarez: It's unnecessary.
Mr. Dawkins: A gentleman wanted to be heard. Do you want to be heard now,
sir?
Mayor Suarez: I might, depending on which side you're going to speak, or
regardless of which side you're going to speak on; I might caution you that
you really ought to reserve comment, maybe for these public hearings. We're
going to have 90 days to think about this, come back win two sets of public
hearings before we make any such change and it is just a suggestion, sir, but
we've got a lot of other items on the agenda and you might be doing your own
cause harm.
Mr. Carollo: Xavier, we probably aren't going to have time to finish anything
else as major....
rt 58 December 19, 1985
Mayor Suarez: Well, I'm just trying to make this Commission function as
efficiently as possible. We'll have plenty of time to discuss this item with
individual commissioners, at the public hearings and so on. If you
nevertheless want to make a statement state your name and your address.
Mr. Jose Feradas: Jose Feradas, I'm a registered architect in Miami, a
developer, 3520 S. W. 5th Street. I represent a group of investors and
professionals in related fields, and we thank the Mayor for taking care of
this situation in the Building Department so fast, but we suggest that
further study is done. We agree that the Building Department should be moved
from the Fire Department, but not integrated with the Planning Department, it
should be a separate entity like it used to be. We do have the qualified
people there now; we have registered architects, we have registered engineers
that can run that place, they don't have the power now to run it. But it
should be a separate entity from Planning and we agree that it should be
further, time should be taken to study this, that is basically what I want to
say right now, we agree with waiting for a period of time to study that.
Mayor Suarez: We have a public agenda that we have to get to. Doctor, did
you want to say something very briefly, Dr. Alonso?
Dr. Leonel Alonso: I am Dr. Leonel Alonso. I am a small builder and investor
in the City of Miami, and I have a lot of experience in this field, and for
that reason I believe that I am qualified to state what I am planning to say.
We certainly think that in the City of ?Miami there is a mess with the problem
of the Department of Zoning and Builder under another department, and we cer-
tainly believe that the Zoning Board Department must be the only department,
not under the supervision of any other department in order to work properly
for the City of Miami. We very respectfully ask you, Mayor and
Commissioners, to consider creating a Zoning and Building Department alone.
We have two wonderful professionals there, two members of minority groups; one
is an Indian and one is a Cuban, both are professional and both can be as the
director of the Department. I certainly believe that it is mandatory and
necessary, and the City of Miami will wurk much better, and we can show at the
next meeting that it will not increase any expenses if we have a separate
department.
Mayor Suarez: Thank you very much, you'll have the opportunity to give us the
input over the next 90 days and then at two public hearings. We appreciate
your presence.
j Mr. Carollo: Dr. Alonso, if I could ask you a question of clarification.
What you're saying then is, sir, that while you believe that it is appropriate
and it will be for the betterment of the City to move the Zoning Department
away from being under the Fire Department, you do not feel it is appropriate
to merge it with the Planning Department?
I Dr. Alonso: You are correct, sir.
Mr. Carollo: You think it should be alone, by itself as before in the past?
Dr. Alonso: That's correct, that is very correct and we really like it very
much to have the opportunity to discuss with each of you and we have a lot of
professionals here that can demonstrate chat with a lot of information.
Mr. Carollo: Well, this is the input
from people such as yourselves chat we
need to have in public hearings in the
future, and I think this is the orderly
way of going about it because we ....
Mayor Suarez: Commissioner, if I may
interrupt you, we will have 90 days and
two public hearings to consider the
orderly way of doing it now that that
motion has passed. We appreciate your presence here, Dr. Alonso, but why
don't we move on to the public hearing
section of our agenda.
Mr. Carollo: Xavier, that is fine,
but I would hope that we still have an
t
opportunity on this Commission to ask
questions of people that have come here
z
and spent their time to give their
input to this Commission, and that a
Commissioner can have the opportunity
that we've always had, and that every
Commission in this United States has,
to express an opinion and to ask a ques-
tion. Now, you know, I don't want
to hurt your feelings, but you know,
;`
please, be a little more humane in that way. I'm not taking that much time.
y
5$Y
-
rt
59 December 19, 1985
4
19(a) REJECT PROPOSED RECOMMENDATION OF HANK MEYER ASSOCIATES,INC. FOR
SELECTION AS PUBLIC RELATION MARKETING CONSULTING FIRM (PHASE I -
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT.
(B) SELECT PUBLIC RELATION/MARKETING CONSULTANT FIRM 1N CONNECTION WITH
PHASE I. - SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT
($120,000).
Mr. Dawkins: Mr. Mayor, since we do break at noon and since I am going to
move an action on, could I take a special privilege to bring up item 52?
Mayor Suarez: Yes, we've got people also here on Item 30, 1 believe and we'd
like to get to that, if we could, before lunch.
Mr. Dawkins: People here from Mr. Meyer's Office? Yes. Anybody here from
Hank Meyer-s Office? Okay. Mr. Mayor and fellow Commissioners, this
Commission sits here constantly and says how we intend to help minorities into
the main stream. The only thing we sit here and discuss is construction.
There are other areas that we also spend money in, advertising, consultants,
lawyers, accountants and we don't take that into a concern. Now we have a
white firm, Mr. Hank Meyer, who rented a black for 50 percent of this
contract, and I wanted to ask the Meyers' company if he was going to be 50
percent of the Meyers company in total, but he only rented him for this
purpose, this project only. And after this project then Mr. Meyers would not
have a black minority. Then we have another firm that came up and the owner,
one of the owners fits all three of our definitions for minorities. She is
Hispanic, she's black and she's a woman. So, therefore, this contract should
have been given, if we are going to be about the business of our minority
whatever we've got, it should have gone to that group. Now, Mr. Manager, I'm
making a motion that this comes back to the administration for another
recommendation and I want to tell you, sir, you just got here, but this is the
second time that this Department under you has done this. See? The first
time they did it was they come in with two bids on parcel 47. They bring in a
white group and a black group and they gave the most choice plot of land, the
47, to the white group and Mr. Marty Fine said, "I don't know what you're
beefing about, you all got two sites, that's enough to say grace over." Okay?
So there you made this Commission make a decision where they should have made
the decision. Now you come up here with this where we're supposed to be
hiring and helping a minority and not only do we have a woman, there's two
women in it. You know, it is ridiculous for you to come up here and tell me
I've got to make the decision, that's what we pay you for.
Mr. Odio: Sir, I would appreciate it if you would reject #1 and would
recommend #2 right now.
Mr. Plummer: So move.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion? Which is #2 now? Nicki Bier and Associates,
Mr. Odio: No, Gladys Kidd.
Mr. Dawkins: Gladys Kidd and Associates. Stand, Ms. Kidd. See what color
she is? She is a woman and Hispanic, so she's got three things going for her.
Sit down.
Mr. Odio: Sir, Mr. Mayor,you have to vote on the rejection and then in
selecting #2.
Mr. Dawkins: Okay, I move that we reject #1.
Mr. Plummer: Second.
Mayor Suarez: Anyone else wish to speak to that motion or this item? Let me
just tell you that I would vote no on #1 and no on #2. The simple reason is
that I don't see why we need to spend $120,000 or $60,000 to promote that
particular project about which I have a great many doubts, and I think we
rt 60 December 19, 1985
could use that money in a lot of different ways more beneficial to the City of
Miami, than by giving either $60,000 or $120,000 to a PR firm to promote
something that is of doubtful value to the citizens of Miami.
D
Mr. Plummer: Mr. Mayor, I think if you would study you would find that there
is a provision mandating there be a marketing group. It is not an elective or
fi
a plum, it is part of the proposal that a marketing group must be selected.
It is mandatory and that is what we're doing, is complying with the mandate of
that program.
Mayor Suarez: Mandated by what, Commissioner, if 1 may ask?
Mr. Plummer: By the Southeast Overtown, and the bonds and also the contracts
with the developers.
f
5
Mayor Suarez: Okay, I'm going to ask for a legal opinion on that.
Commissioner?
7
r,
Mr. Carollo: Madam City Attorney, can you look for a legal opinion while I'm
talking, please? You know, we're again getting sidetracked with the sizzle
instead of looking at the beef, and the beef is that downtown Miami in the
next 15 years is going to grow tremendously. What you see out there now is
i
going to be like nothing 15 years from now. We presently have a workforce in
downtown of approximately 90,000 people, more or less. Fifteen years, that
workforce is going to double to approximately 180,000 people; which means
that if we don't try to locate housing for the average Miamian, those
individuals are going to be taking those dollars that they earn in the City of
Miami, and go spend them somewhere else, and live outside of the City of
Miami. Now, the Overtown/Park West Project in the next 15 years, has the
potential of building over 9,000 units for all those additional people that we
have working in the City of Miami to live in the City of Miami, to live near
their jobs in downtown and to bring downtown Miami into the 20th century, like
most other downtowns that are alive at night. It will bring the kind of
attraction, the kind of liveliness that we've been talking about for downtown
Miami. At the same time, the next 15 years this project in approximately 200
acres that we have, is going to bring over 1,000,000 square feet of retail
spaces. So I think, without a shadow of a doubt, that this project is one of
the most important projects that this City has gotten involved in, and that is
the opinion of this Commissioner.
Mayor Suarez: We have a motion, we have a second.
Mrs. Kennedy: We have a question under discussion. Mrs. Dougherty, I have to
state that I have a company with one of the participants. It is a mortgage
company with Frank Cobo, who is involved in the contract and I want to know
where I stand on that.
Mrs. Dougherty: Commissioner Kennedy, if you wish to abstain, you may do so,
if you perceive that you have a conflict of interest in this matter.
Mr. Carollo: Did we get a legal opinion from the City Attorney on the
t
question that was raised?
Mrs. Dougherty: Yes, sir, Commissioner Carollo. When the plan was originally
done there was a commitment in the plan that we would do marketing studies.
Furthermore, we had committed to the various developers orally, although it is
not in writing that we would do marketing studies and furthermore, the R.F.P
for the nine blocks did say that we would have marketing studies in connection
with the plan.
Mayor Suarez: What legal consequences would result from the Commission
refusing to allocate these monies if any?
Mr. Plummer: Breach of contract.
Mrs. Dougherty: The City may be found to have not complied with its
,a.
commitments.
Mayor Suarez: And the people concerned would be the current...
.`'
s,
Mrs. Dougherty: � The developers.
�4>s:
rt 61 December 19, 1985
•
Mr. Plummer: No, excuse me, further than the developers also the bonds. The
bonds are very crucial here.
Mayor Suarez: Do you think the bond issue would be affected in any way? Are
you ready to give an opinion on that? Maybe, you need time.
Mrs. Dougherty: Not at this time.
Mayor Suarez: Okay.
Mr. Carollo: That's one side of the coin. On the other side, it is going to
be extremely difficult to accomplish all of this that we have as our goals
without having some professional marketing individuals out there putting all
the loose ends that we have to in this project. Mr. Mayor, if there is no ...
Mayor Suarez: I'm not going to ask for a postponement based on a requirement
of a legal opinion, I believe I could under the Code, I'm not going to ask for
it, I'm ready to vote.
Mr. Plummer: Well, I'd like to make the motion clear.
Mayor Suarez: If you want to defer it and wait for a legal opinion you can do
so.
Mr. Plummer: Excuse me, I have a great concern. There are no bonds sold at
this time and that is true. But I would hate to see that my people go to New
York to sell bonds in which we are in breach of contract with the developers -
you'll never sell bonds, no way.
Mr. Carollo: Mr. Mayor, I don't mind deferring this if you want to, I just
want to make sure...
Mayor Suarez: I'm not asking for it to be deferred, Commissioner, I said
that very clearly.
Mr. Carollo: I just want to make sure that in no way that would hinder what
we're trying to accomplish and particularly in selling the bonds.
Mayor Suarez: I'm fairly sure of my answer to my own legal question, if any
of the Commissioners would like to have the City Attorney's answer to the
legal question posed, you can defer the item.
Mr. Carollo: I didn't understand that, Mr. Mayor, are you saying that ...
Mayor Suarez: I'm sure of the answer to my own legal question, but if any of
the Commissioners would like the item deferred until we get that legal
question resolved, having to do with the viability of the bonds, in view of
the possibility that the monies would not be appropriated for this public
relations effort - marketing effort. You can ask for the item to be deferred
if you like. I'm not asking for it to be deferred.
Mr. Carollo: Okay, what you're saying, let me see if I understand you, since
I'm not an attorney. You're saying that you're sure of your own legal
interpretation as an attorney?
Mayor Suarez: I have my own legal opinion, yes, sir. And I'm able to vote on
this item with my own legal opinion.
ti.
Mr. Carollo: Since we're not an attorney and we pay an attorney to give us
4, the legal advice, then I have to abide and listen to our City Attorney.
f' Mayor Suarez: So you want to defer, is that what you're asking for,
Commissioner?
Mr. Carollo: No, Mr. Mayor, I'm not asking...
Mayor Suarez: Are you ready to vote even though we don't have a legal opinion
on that issue?
Mr. Carollo: Mr. Mayor, I don't need a legal opinion on that issue because
I'm not stuck on that particular issue.
rt 62 December 19, 1985
•
Mayor Suarez: Then let's vote.
Mr. Carollo: I have no problems, Mr. Mayor.
Mayor Suarez: All right, any further discussion?
Mr. Plummer: Repeat the motion.
s
Ms. Hirai: It is for rejection of 11, the motion on the floor.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 85-1216
A MOTION REJECTING PROPOSED RESOLUTION CONTAINING THE CITY
MANAGER'S RECOMMENDATION OF THE FIRM OF HANK MEYER
ASSOCIATES, INC. FOR SELECTION AS THE PUBLIC RELATIONS
MARKETING CONSULTING FIRM FOR PHASE I OF SOUTHEAST
f
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT.
i
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ABSTAINING: Commissioner Rosario Kennedy
Mayor Suarez: We go to #2.
Mr. Dawkins: I need a recommendation of the Manager since we rejected #1.
Mr. Odio: Sir, I recommend firm #2.
Mr. Dawkins: Okay, I move that we accept firm #2.
Mr. Plummer: Second.
Mayor Suarez: Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-1217
A RESOLUTION SELECTING A PUBLIC RELATIONS/MARKETING
CONSULTANT FOR THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT PHASE I; ALLOCATING AN AMOUNT NOT TO
EXCEED $60,000 FROM FY 85-86 SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT BUDGETED FUNDS TO BE COMBINED WITH
THE PREVIOUSLY ALLOCATED AMOUNT OF $60,000 FROM FY 84-85
FUNDS FOR A COMBINED TOTAL NOT TO EXCEED $120,000 FOR
PROFESSIONAL PUBLIC RELATIONS/MARKETING SERVICES; AND
v
CONTRACT (STIPULATING CONDITIONS AND A DETAILED SCOPE OF
SERVICES) TO BE SUBMITTED TO CITY COMMISSION FOR APPROVAL
PRIOR TO EXECUTION THEREOF.
(Here follows body of resolution, omitted here
and on file in the Office of.the City Clerk.)
{ I
h +�
1
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote-
rt 63 December 19, 1985
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: None.
ABSTAINING: Commissioner Rosario Kennedy
20 DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED SECOND READING ORDINANCE
(MINORITY PROCUREMENT PROGRAM)(SEE LABEL 0122).
Mayor Suarez: Very briefly, let's see if we can take two very non-
controversial items. We have a bunch of people waiting here for d second
reading of an ordinance that was hammered out, it was not controversial last
time around, we could take a quick vote on that, the Minority ordinance.
Mrs. Kennedy: That's the one that I would like, I make it.
Mr. Carollo: I'll second it.
Mayor Suarez: Any further discussion? Call the roll. We're going to take a
vote on Item 30, are we Ok. on that?
Mrs. Dougherty: Yes, I just want to point out to the Commission that pages 6
and 7 have been substituted from the one in your package.
Mr. Plummer: Whoa, I will invoke the rule.
Mayor Suarez: Can we not take Item 30?
Mr. Plummer: No, she is telling me that Item 30, pages 6 and 7 have been
changed from what is in my package. I have not seen the changes. Now how can
you ask me to vote when two pages have been changed?
Mr. Carollo: Well, gentlemen, we have a set policy on this Commission that we
break no matter what at noon.
Mrs. Kennedy: Gentle persons, please.
Mr. Plummer: I'm sorry,you can't ask me to vote when two pages have been
changed.
Mayor Suarez: Right, we've got a host of problems with Item 30 at this point,
can they be resolved or not?
Mr. Plummer: The rule is the lasr speaker at 12:00....
Ms. Sylvia Unzueta: They are resolved, it is simply an inclusion. Basically
all that has been substituted happened to be at the end of page 6 and 7.
Mr. Plummer: Sylvia, I love you, but when you make changes if you want me to
vote you've got to show them to me.
Mr. Carollo: I'll withdraw my second.
Mr. Plummer: Please, don't ask me to vote on something that I don't know
what it contains. It is unreasonable to ask that of me, or the other
Commissioners.
Mayor Suarez: Do those changes now reflect precisely a discussion and the
passage on First Reading, aren't they changes that reflected our
recommendations?
rt 64 December 19, 1985
k
Mr. Plummer: It's not what is in our packet.
Mayor Suarez: But I think it is what we passed on First Reading, isn't it?
Ms. Unzueta: No, the County Attorney's Oflice decided that the way to, what
they had omitted, inclusion of the information to change the Code to reflect
the changes of the ordinance, that is all it is. It simply says that the Code
will be amended as per directed by this ordinance.
Mrs. Dougherty: Commissioner Plummer, the only change is where this ordinance
is going to be codified in the Code.
Mayor Suarez: That's the only change?
Ms. Unzueta: That's all.
Mr. Plummer: Madam City Attorney, when you state for the record that you want
it noted that there are different of page 6 and 7 than what is in my packet
and the Mayor is trying to push a vote, I'm sorry, you're not going to rush me
into doing something that I have not seen. To ask me to do such, or any
member of this Commission is absolutely, in my opinion, ridiculous. Now, you
want to come show me the changes and you want to come explain the changes,
fine, I'm voting with the ordinance. I have done it before. But to sit there
and say that the changes are on pages 6 and 7 and not explain them to me - oh
come on, please, you insult my intelligence.
Ms. Unzueta: I was going to make a presentation.
Mrs. Kennedy: Why don't you make the presentation, Sylvia?
Mr. Plummer: We'll see you at 2:30.
Mayor Suarez: Is it a presentation you can make very quickly, Sylvia, before
we quickly lose our quorum here?
Ms. Unzueta; I don't think so.
Mayor Suarez: Well, what are the changes, if any?
Ms. Unzueta: It simply says that whatever changes are necessary in the Code
as per this ordinance will be interjected.
Mayor Suarez: In other words that any conflicting sections of the Code which
is something that would have to happen in any event.
Ms. Unzueta: That is correct.
Mayor Suarez: Do you have any problems with that, Commissioner? Did we lose
him? Commissioner Kennedy, I believe we're without a quorum. We cannot
proceed. I'm sorry to tell the citizens of Miami that at this particular
point we have to come back at 2:30. Hopefully we'll have a quorum at that
point.
NOTE FOR THE RECORD: At this point, Lucia A. Dougherty, City Attorney,
announced on the public record that all public hearings previously announced
for 11:30 A.M. would be continued to 2:30 P.M.
WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT
12:08 P.M., RECONVENING AT 2:30 P.M. WITH ALL MEMBERS
OF THE COMMISSION FOUND TO BE PRESENT.
Mr. Odio: Okay.
Mayor Suarez: That's automatic, because we cannot even take a vote on it.
rt 65 December 19, 1985
s
E
21. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITLMS.
A. PROCLAIM DECEMBER 19, 1985 AS UNIVERSITY OF MIAMI HURRICANES FOOTBALL
TEAM DAY IN RECOGNITION OF THEIR OUTSTANDING WINNING RECORD AND FOR
HAVING BEEN SELECTED TO PLAY AT THE SUGAR BOWL.
B RECOGNITION OF SUPREME COURT JUDGE. FRED MIGNON FROM THE STATE OF
CONNECTICUT.
22 SECOND READING ORDINANCE: "REPEAL ORD. 9775, MINORITY PROCUREMENT
ORDINANCE, AND SUBSTITUTE THEREFOR A NEW MINORITY PROCUREMENT PROGRAM.
Mr. Dawkins: Mr. Mayor, a point of information, please. Madam City Attorney,
do you have the Charter? Will you turn to page 234. Will you interpret 4 for
me, and 5?
Mrs. Dougherty: Four provides that every resolution and ordinance shall be
furnished to members of the City Commission five days prior to every meeting
and number five is that all notices of intention to ask questions be given to
the City Manager five days prior to every meeting.
Mr. Dawkins: Okay, then what Commissioner Plummer invoked, the Rule of 5,
that then is a policy set by the Commission or where did that come from?
Mrs. Dougherty: Yes, sir, the rule of five meaning that anything that is not
on the agenda, any one of you may ask for a deferment and it would be honored
by the rest of you.
Mr. Plummer: Excuse me, Commissioner, I did not in effect invoke the rule if
we're speaking to the Woman's Minority...
Mr. Dawkins: Yes.
Mr. Plummer: Yes, all I asked was that I be afforded a copy of that which we
were being asked to vote on which we had been informed was that different than
what was provided to us five days prior. Now, I said at that particular
point, and I'll say again, that in no way shape or form would I ever expect
any Commissioner to sit up here and vote on an item when he is told that two
pages of that which he had previously had been changed. The rule is not
invoked, I did not intend, I said I would if I had to, but just come explain
it to me, that's all I ask. I did not invoke the rule. You can vote on it
right now as far as I'm concerned, the City Attorney and Sylvia both have come
to me during the lunch hour.
Mr. Dawkins: Let's vote on it because I left because I thought you invoked
the rule.
Mayor Suarez: Okay, this is on Item 30, by the way. Do we have any further
explanation from the City on Item 30? One modification I know had to do
simply with adding a paragraph that stated that any inconsistent sections of
the Code would be repealed and so on, that is standard language. The other
modification I think was to insert may instead of shall where it talks about
the creation of a new department or a new office or whatever. Wasn't that the
ocher change?
Ms. Unzueta: On the contrary, it was shall, with the existing resources is
the way the language appears: ...shall, with the existing resources.
Mayor Suarez: There is the understanding that we're not going to create a
whole new bureaucracy to implement this ordinance, right?
Ms. Unzueta: Indeed.
rt
66
December 19, 1985
Mayor Suarez: That certainly was made clear at the first reading.
Mr. Dawkins: Say what, Sylvia?
Ms. Unzueta: The way the ordinance was presented includes a negotiated
agreement, after we listened to the tapes of the last Commission Meeting, and
we inserted after the word shall in Section 3, Item b, we said with existing
resources.
Mr. Dawkins: What is in it, shall or will?
Ms. Unzueta: It is shall.
Mr. Dawkins: The word shall.
Ms. Unzueta: Indeed.
Mr. Dawkins: Well, which one means must?
Mayor Suarez: Shall means must.
Mr. Plummer: Shall is mandatory.
entirely new department?
Mrs. Dougherty: No.
Are you saying that you're creating an
Mr. Plummer: You will not be, this will be incorporated with all the rest of
the minority... Ok.
Mr. Odio: Yes, sir.
AN ORDINANCE -
AN ORDINANCE REPEALING ORDINANCE NO. 9775, THE
MINORITY PROCUREMENT ORDINANCE OF THE CITY OF MIAMI,
FLORIDA BY SUBSTITUTING THEREFOR A NEW MINORITY
PROCUREMENT PROGRAM ORDINANCE TO BE KNOWN AND CITED AS
"THE MINORITY AND WOMEN BUSINESS AFFAIRS AND
PROCUREMENT ORDINANCE OF THE CITY OF MIAMI, FLORIDA,"
ESTABLISHING A MINORITY AND WOMEN BUSINESS AFFAIRS
PROCUREMENT PROGRAM AND COMMITTEE; PROVIDING FOR THE
CREATION BY THE CITY MANAGER OF AN OFFICE OF MINORITY
AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT; FURTHER
SETTING FORTH A COAL OF AWARDING AT LEAST 51 PERCENT
OF THE CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL
PROCUREMENT EXPENDITURES TO BUSINESSES OWNED BY BLACKS
(17%), HISPANICS (17%), AND WOMEN (17%); AUTHORIZING
THE CITY MANAGER TO PROVIDE FOR MINORITY AND WOMEN -
OWNED BUSINESS ENTERPRISE PROCUREMENT SET -ASIDES AND
CONTRACT PROVISIONS; PROVIDING FOR THE DEVELOPMENT OF
PROCEDURES, MEASURES AND RESOURCES TO IMPLEMENT SAID
PROGRAM, GOALS AND OBJECTIVES; AND CONTAINING A
REPEALER AND SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 26,
1985, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Carollo, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner 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. 10062.
The City Attorney read the ordinance into the public rcord and announced
that copies were available to the members of the City Commission and to the
public.
RT 67 December 19, 1985
23 FIRST READING ORDINANCE: AMEND SEC. 18-104 (RESPONSIBILITY OF CITY
ATTORNEY...) INCREASE CLAIM SETTLEMENT AUTHORITY FROM $4,500 TO $25,000.
Mayor Suarez: Item 32 is my item. This is a very simple proposal to give the
City Attorney more authority; to negotiate settlements in cases of lawsuits
against the City from $4,500 to $25,000. I think it reflects pretty much what
other cities and municipalities have by way of authority to negotiate, and the
idea is to try to avoid lengthy litigation and people realizing that the
Commission has got to approve any settlement, and possibly going back on a
settlement that they have already agreed to. You always have to pick a point
on which you give authority and beyond which you reserve for the Commission
authority; to authorize settlement, and I'm simply suggesting the figure of
$25,000 as opposed to $4,500.
x
Mr. Plummer: Question. Mr. Mayor, that figure came about by virtue of the
bidding procedures.
Mayor Suarez: It is the same as procurement, right.
Mr. Plummer: That's correct. Now, is it your proposal that you're going to
do the same with the bidding procedure?
Mayor Suarez: Well, we need a Charter change for that I believe because that
is in the Charter.
Mr. Dawkins: Mr. Mayor, I agree with what you said because $4,500 now, Madam
City Attorney, when was the $4,500 amount adopted?
Mrs. Dougherty: 1977.
Mr. Dawkins: So we're talking of approximately 10 years, and I feel that a
settlement of $4,500 is pretty low, and if we've got competent professionals
whom we are paying to make some decisions, I think we need to give them the
flexibility in which to do that, and I have no problems with the $25,000,
amount as long as either munthly or quarterly the City Attorney makes us aware
of the settlements made, or bring them back to us at that time for approval.
Mayor Suarez: At least for information, yes.
Mrs. Kennedy: I concur, I think we are all ready to vote.
Mayor Suarez: Can we make that an additional request, it would not be an
ordinance, but that we be made aware every quarter of settlements that you
have reached under $25,000? You have usually informed the Commission of any
Mrs. Dougherty: I have been, yes. I would be happy to do that on a quarterly
basis.
Mayor Suarez: Maintain that procedure so that if we see that the situation is
getting out of hand, we'll have the opportunity to redress or reverse that
trend.
Mr. Carollo: Madam City Attorney, can we have that
done on a monthly basis
'
instead of a quarterly basis at least for the first
Q y ,
year that we're going to
implement this?
Mrs. Dougherty: Certainly.
Mr. Plummer: Let me only express one concern. Madam
City Attorney, I have, I
F:=
r F
guess, a little reservation about the amount but that is flexible. I am
concerned in the area in which a settlement could be construed as a policy of
r'
this Commission. Is there a way that you could assure - for example, let me
give you an example. Something happens in the Police
Department. Ok.? And
it never comes before this Commission, you settle
and by your settling it
could in effect become the accepted example. I am
concerned in those areas
which are not a flat settlement, but possibly
could overtone and be
misconstrued as a policy. Do you understand what I'm
saying?
--::
RT 68
December 19 1985
3
Mrs. Dougherty: Yes.
Mr. Plummer: I would hope, I will vote with this mution. All right? But I
would hope that you would be sensitive enough in the future that with this
latitude being afforded you by the Commission, in those areas in which you
feel that, that settlement could create a policy decision of this Commission,
F
that you would still bring it here before you settle it.
i
Mrs. Dougherty: Yes, sir.
f
Mr. Plummer: Because I don't want in any way that you have to be placed into
i
a position of having to settle something that could be construed as to the
ultimatum of this Commission. So I will leave it up to your discretion in
those areas which could in effect set policy, tnat you will still bring them
back here, regardless of the amount and with that I will vote for it.
Mayor Suarez: Do we have a motion?
x
Mr. Dawkins: dove it.
Mrs. Kennedy: Second.
Mayor Suarez: Any further discussion? Call the roll.
Mr. Plummer: This is on first reading.
Mayor Suarez: First reading.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 18-104, ENTITLED:
"RESPONSIBILITIES OF CITY ATTORNEY", OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY INCREASING
THE CLAIM SETTLEMENT AUTHORITY OF THE CITY ATTORNEY
FROM $4,500 TO $25,000 AND BY PROVIDING THAT PROPOSED
SETTLEMENT AGREEMENTS OF CLAIMS OR SUITS IN EXCESS OF
$25,000 SHALL BE SUBMITTED TO THE CITY COMMISSION FOR
ITS APPROVAL PRIOR TO THE CITY'S ACCEPTANCE OF SUCH
PROPOSED SETTLEMENT AGREEMENT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commnissioner Dawkins and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
RT 69 December 19, 1985
24. EMERGENCY ORD.: AMEND SEC. 1 OF 139 - INCREASE BUDGET FOR PLANNING ANT)
ZONING BOARDS ADMINISTRATION BY $30,000 - INCREASE BUDGET FOR CIVIL
SERVICE BOARD BY $30,000 FOR FUNDTNC OF SPECIAL COUNSEL.
Mayor Suarez: I unfortunately skipped two itetas that we should go back to -
Item 29. Mr. City Nanager, do you want to tell us anything on that or do we
need to. Does the Commission feel that they are ready to vote on Item 29?
Mr. Plummer: I'll move it.
Mr. Carollo: Second.
Mayor Suarez: Any discussion? I presume that this representation was deemed
to be necessary by the City and is replacing essentially what George Knox used
to do, is that correct? And we cannot do this ...
Mrs. Dougherty: No, he did not do this, he declined to represent the City
because of possible conflicts of interest.
Mrs. Kennedy: Mr. Mayor, doesn't this have a companion item in 43?
Mr. Plummer: Yes.
Mayor Suarez: Yes, do we move both items together?
Mr. Plummer: You can't.
Mr. Odio: No, you have to moves each one separately.
Mayor Suarez: Ok. Now, there is a determination by yourself, Madam City
Attorney, that we cannot do this kind of representation in-house?
Mrs. Dougherty: No, sir.
Mayor Suarez: No meaning we can do it in house?
Mrs. Dougherty: We cannot do it in house. The board has to remain
unrepresented with respect to those areas which it has been so far and it has
asked for representation in these areas.
Mayor Suarez: I have no further questions. Does any Commissioner want to ask
anything? Otherwise call the roll, please.
AN ORDINANCE -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10039, ADOPTED SEPTEMBER 17, 1985, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1986, BY INCREASING THE APPROPRIATION
FOR THE DEPARTMENT OF PLANNING AND ZONING BOARDS
ADMINISTRATION IN THE AMOUNT OF $30,000 AND THE
APPROPRIATION FOR THE CIVIL SERVICE BOARD IN THE
AMOUNT OF $30,000 AND BY DECREASING THE APPROPRIATION
FOR SPECIAL PROGRAMS AND ACCOUNTS IN THE TOTAL AMOUNT
OF $60,000, FOR THE PURPOSE OF FUNDING SPECIAL COUNSEL
FOR TWO CITY BOARDS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote-
RT 70 December 19, 1985
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 Carollo, 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. 10063..
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
25. AMEND CODE SECTION ENTITLED "GREEN FEES" AND "CART FEES" AND SPECIAL
RATES" BY REVISING FEES SCHEDULES FOR GOLF COURSES; ESTABLISHING
ME1IBERSHIP FEES, ETC.
Mayor Suarez: Item 31 has to do with green fees to be paid.
Mr. Odio: We're increasing the greens fees, we need to overcome some deficits
we have in the Enterprise Fund so that we can keep it on zero.
Mayor Suarez: Do you have a separate Enterprise Fund for each golf course?
Mr. Odio: No, both golf courses are under the same fund.
Mayor Suarez: We have two under one. Mel Reese is one and which is the
other?
Mr. Odio: Miami Springs.
Mr. Plummer: We own the property.
-
Mayor Suarez: Are these fees reasonable and in accordance with...
Mr. Odio: They are competitive, we have to be competitive with the other golf
"
7
courses.
Mr. Plummer: I wish we were competitive, they are very low.
Mr. Odio: Yes.
k„
Mayor Suarez: Is the Commission ready to make a motion on this?
t -
a
RT 71 December 19, 1985
5
AN ORDINANCE -
AN ORDINANCE AMENDING SUBSECTIONS (A)(2) AND (B)(1)
AND (2) OF SECTION 30-53 ENTITLED "GREEN FEES" AND
SUBSECTIONS (A)(1) AND (2) OF SECTION 30-54 ENTITLED
"CART FEES" AND SUBSECTION 30-55 ENTITLED "SPECIAL
RATES" OF TEE CODE OF T111: CITY OF NI,V-11, FLORIDA, AS
AMENDED, BY REVISING THE FEE SCHEDULE FOR CITY OF
MIAMI GOLF COURSES, AND FURTHER, ESTABLLSHLNG A
MONTHLY PREPAID MEMBERSHIP FEE OF $40.00, AN ELECTRIC
CART RENTAL OF $9.00 FOR THE THIRD MEMBER OF A
THREESOME WHEN TWO CARTS ARE RENTED, MANDATORY RENTAL
OF ELECTRIC GOLF CARTS ON SATURDAY, SUNDAY AND
HOLIDAYS, YEAR ROUND FROM OPENING TO 10:00 AM,
AUTHORIZING THE CITY MANAGER TO OFFER DISCOUNT COUPONS
AND/OR PROMOTIONAL OFFERS IN CONNECTION WITH GOLF
COURSE FEES AND CHARGES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 26, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Kennedy, the ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
a
Mayor Xavier L. Suarez
a
NOES: None.
t
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10064.
j The City Attorney read the ordinance into the public record and
j announced that copies were available to the members of the City Commission and
to the public.
26. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND "LAW
ENFORCEMENT TRAINING TRUST FUND - REGION 14 - FY 85-86" APPROPRIATE
$86,574 RECEIVED AS GRANT AWARD FROM THE STATE OF FLORIDA.
Mayor Suarez: Item 33.
Mr. Plummer: Move 33.
Mrs. Kennedy: Second 33.
Mayor Suarez: It has been woved and seconded. Any discussion? Call the
roll, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED LAW ENFORCEMENT TRAINING TRUST FUND "REGION
14 - F.Y. 85-86", APPROPRIATING FUNDS FOR ITS
OPERATION IN AN AMOUNT NOT TO EXCEED $86,574.00; AND
AUTHORIZING THE CITY MANAGER TO ACCEPT THE $86,574.00
GRANT AWARD FROM THE STATE OF FLORIDA; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
a
Kennedy and was passed on its first reading by title by the following vote-
RT 72 December 19, 1985
a
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
27. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF KIRKLAND SANITARY SEWER
IMPROVEMENT DISTRICT (SR-5478-C).
Mayor Suarez: Let's go back to Item 57 which was scheduled for 11:30 in the
morning. It has to do with sewer improvements on West Flagler and S. W. 8th
Street. More sewer improvements on West Flagler? Wow. 32nd Avenue and 37th
Avenue. What are we doing when we confirm the assessment roll?
Mr. Donald Cather: These are sewers that have been constructed, and we are
now prepared to assess the property owners, and this is confirming the roil as
being correct and having the proper assessment for each property.
Mayor Suarez: These assessments as typically as the case cover 20-25 percent
of the actual cost to us?
Mr. Cather: That is correct.
Mayor Suarez: Does any Commissioner want to move this item?
Mr. Plummer: Is there any member of the public wishes to speak on it?
Mayor Suarez: Thank you, Commissioner, good point. Is there anyone that
wishes to speak on this item?
Mr. Plummer: Let the record reflect chat no one came forth, so I move the
item 57.
Mayor Suarez: Thank you for the motion. Any second? Any discussion from the
Commission? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1218
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF KIRKLAND SANITARY SEWER IMPROVEMENT IN
KIRKLAND SANITARY SEWER IMPROVEMENT DISTRICT SR-5478-C
(CENTERLINE SEWER) AND REMOVING ALL PENDING LIENS FOR
THIS IMPROVEMENT NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote-
RT 73 December 19, 1985
a
44q
t
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
28. ACCEPT COMPLETED WORK: JOE REINERTSON EQUIPMENT CO., INC. ($14,215.60)
FOR CITYWIDE SANITARY SEWER IMPROVEMENT ALLAPATTAH INDUSTRIAL AREA PHASE
5
II.
k
Mayor Suarez: Item 58 authorizes the final payment on a contract previously
awarded, completed and I guess this is a retainage amount, 10 percent?
Mr. Cather: Yes, sir, this is the final payment.
Mayor Suarez: Do we usually use that 10 percent retainage amount? Because I
see in some other cases we don't use 10 percent.
Mr. Cather: It all depends, on assessable projects we must use 10%, others we
can give them....
Mayor Suarez: We must use 10 percent by what, the City Charter?
Mr. Cather: Yes, sir.
Mayor Suarez: Anyone from the public that wishes to be heard on this item?
Mr. Plummer: Let the record reflect that no one came forth to speak on Item
58, I then move it.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1219
A RESOLUTION ACCEPTING THE COMPLETED WORK OF JOE
REINERTSON EQUIPMENT CO., INC. AT A TOTAL COST OF
$146,215.60 FOR CITYWIDE SANITARY SEWER IMPROVEMENT -
ALLAPATTAH, INDUSTRIAL AREA - PRASE II; AND
AUTHORIZING A FINAL PAYMENT OF $14,617.06.
(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.
RT
74
December 19, 1985
29. ACCEPT COMPLETED WORK - F.R.E. CONSTRUCTION CO., INC. ($737,814.51) FOR
ALLAPATTAH INDUSTRIAL AREA IMPROVEMENT PHASE I. - BIDS A, B, AND C -
ASSESSING LIQUIDATED DAMAGES.
Mayor Suarez: Item 59 is pretty much the same thing, $5,000.
Mr. Dawkins: Move it.
Mayor Suarez: Any from the public that wishes to be heard on the item?
Mr. Plummer: Excuse me, for the record, would you put in the title?
Mayor Suarez: It is a resolution accepting completed work and assessing
liquidated damages, authorizing final payment.
Mr. Plummer: Listed as item 59 on the agenda.
Mayor Suarez: Item 59. Is there anyone that wishes to be heard on this from
the general public?
Mr. Plummer: Let the record reflect that no one came forth, I, therefore,
move it.
Mr. Dawkins: Second. Under discussion?
Mr. Cather: I'd like to state that you see there we did assess this
contractor $500 a day fur being late 10 days.
Mr. Dawkins: That is my discussion with you, sir. How many days were he
late?
Mr. Cather: Ten days.
Mr. Dawkins: So out of $737,814 he was late how many days?
Mayor Suarez: Ten days.
Mr. Dawkins: And we assessed him $5,000.
Mr. Cather: If he had been late 20 days it would have been $10,000.
Mr. Plummer: Commissioner, under my formula it would be about $73,000.
Mr. Dawkins: That's my point, Commissioner Plummer. Thank you, no further...
Mayor Suarez: It would be one tenth of one percent or $73,000.
Mr. Dawkins: Thank you. No further questions, Mr. Mayor.
Mayor Suarez: It would be one tenth of one percent or $73,000.
Mr. Plummer: That's just a suggestion, they can play with that any way they
want to.
Mr. Dawkins: No further questions, Mr. Mayor.
Mayor Suarez: It would have been one tenth of one percent per day so in
effect 1 percent - $73,000. Wow. All right.
Mr. Plummer: I think they would have moved a little quicker.
Mr. Cather: That would have been $7,300, not $73,000,
Mr. Plummer: It would have been $7,000 a day. $70,000 for ten days.
Mayor Suarez: We have a motion and a second. Any further discussion? Call
the roll.
RT
75 December 19, 1985
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-1220
A RESOLUTION ACCEPTING THE COMPLETED WORK OF FRE
CONSTRUCTION CO., INC. AT A TOTAL COST OF $737,814.51
i
FOR ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT -
PHASE I BIDS "A, B, C"; ASSESSING $5,000.00 AS
LIQUIDATED DAMAGES FOR 10 DAYS OVERRUN OF CONTRACT
s
TIME; AND AUTHORIZING A FINAL PAYMENT OF $84,699.16.
i
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
i
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
-
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
J
NOES: None.
3
ABSENT: None.
30. AUTHORIZE INCREASE IN CONTRACT WITH F & L CONSTRUCTION INC. FOR
CONSTRUCTION OF CURTIS PARK ELDERLY MEALS FACILITY.
�
i
r —
Mayor Suarez: Item 60, a resolution authorizing increase in the contract
amount for a construction done by F & L Construction, Inc. The amount
certainly isn't large. Why did we increase the contract amount, if I may ask?
Mr. Cather: There were certain landscaping items that had to be done and in
order not to delay the completion of the project we ordered the contractor to
go ahead and do it. For example, he put in 6 Royal Palms for the 6 provinces
of Cuba in front of the place and a few other things like that that added onto
the cost and so since this is more than a $10,000 increase which the City
Manager could have done, we have come to you for the extra $11,400.
Mayor Suarez: Do we have a motion from the Commission?
Mr. Plummer: Is there any one of the public ttldt wishes to speak on Item 60?
Let the record reflect that no one came forth, I, therefore, move it.
Mrs. Kennedy: Second.
Mayor Suarez: Any further discussion from the Commission? Call the roll,
please.
i
R.i
9
t
�3
f
k x'
d tiGi
'ey-"'5;'c13asfi
::
gT 76 December 19, 1985
}
}
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
a
RESOLUTION NO. 85-1221
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $11,481.42 IN THE CONTRACT BETWEEN THE CITY
OF MIAMI, FLORIDA AND F 7 L CONSTRUCTION, INC. DATED
MARCH 15, 1985 FOR THE CONSTRUCTION OF CURTIS PARK
ELDERLY MEALS FACILITY, SAID FUNDS TO BE PROVIDED FROM
FEDERAL JOBS BILL FUNDS AND COMMUNITY DEVELOPMENT
BLOCK GRANT 8TII YEAR CONTINGENCY FUNDS ALREADY
ALLOCATED TO THE PROJECT; FURTHER RATIFYING THE CITY
MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE
RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEMBERS OF THE
CITY COMIIISSION, AND ADOPTING THE FINDINGS AND
CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS
RESOLUTION; FURTHER ACCEPTING THE COMPLETED WORK OF F
& L CONSTRUCTION, INC. AT A TOTAL COST OF $477,806.42;
AND AUTHORIZING A FINAL PAYMENT OF $23,139.54.
(Here follows body of resolution, omitLed 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.
1
e
a
31. AUTHORIZE INCREASE IN CONTRACT WITH F.R.E. CONSTRUCTION CO. FOR
CONSTRUCTION OF EAST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE I.
Mayor Suarez: Item 61.
Mr. Dawkins: What is the emergency? What makes it an emergency, Mr. Cattier?
Mr. Cather: I don't see where it is an emergency, sir.
Mr. Plummer: That's what it says on the agenda.
Mayor Suarez: It requires a 4/5th vote, is that because it is an emergency?
Mr. Cather:
No, it is because
it is an increase
in contract. It is
like Item
60 is an increase
in contract
and must have a 4/5
vote.
Mr. Plummer:
61.
Mr. Cather:
I say just like
60, it requires a
4/5th vote because
it is an
increase in contract.
Mayor Suarez:
Is that under our
Charter or is that under State Law?
£:
Mr. Cather:
That is under our
Charter.
Mr. Plummer:
And it is not an
emergency.
ti
Mayor Suarez:
No, it isn't an
emergency, it is a
regularly scheduled
item, it
y.
just requires
a 4/5th vote, otherwise
it dies.
RT
77
December
19, 1985
a
Mr. Plummer: Does anybody want to talk on Item 61? This is the East Little
Havana Highway Improvement Phase I, second bidding, bids C and D. Let the
record reflect no one came forth to speak on this issue, I therefore, move the
item.
Mayor Suarez: Any second?
Mrs. Kennedy: Second.
Mayor Suarez: Thank you. Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1222
A RESOLUTION AUTHORIZING AN INCREASE IN CONTRACT
AMOUNT OF $40,000 IN THE CONTRACT BETWEEN THE CITY OF
MIAMI, FLORIDA AND FRE CONSTRUCTION COMPANY DATED
DECEMBER 18, 1984, FOR THE CONSTRUCTION OF EAST LITTLE.
HAVANA HIGHWAY IMPROVEMENT - PHASE I, SECOND BIDDING,
BIDS C AND D, SAID FUNDS TO BE PROVIDED FROM MONEY
ALREADY ALLOCATED TO THE EAST LITTLE HAVANA HIGHWAY
IMPROVEMENT PROJECT; FURTHER RATIFYING THE CITY
MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE
RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE
CITY COMMISSION AND ADOPTING THE FINDINGS AND
CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS
RESOLUTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
32. REFER TO CITY MANAGER REQUEST RECEIVED FROM THE BLACK CROSS LIBERATION
MOVEMENT FOR START UP FUNDS FOR THEIR "HOPE AGAINST DOPE" PROGRAM.
Mayor Suarez: Item 62. Is a representative of the Black Cross Liberation
Movement, Inc. "Hope against Dope" to request start up funds for their
program.
Ms. Clara Rolle: Good afternoon, I'm Clara Roe, window of the late Reverend
Jonathan Rolle. Hope Against Dope, and we're requesting $50,000 for seed
money to keep our program going - Hope Against Dope. We are staffed and we're
working without pay and so we need seed money to help us out.
Mr. Plummer: Has this matter been before the Manager?
r
Mr. Odio: Mr. Mayor, we received this proposal December 17th. We have had no
time to evaluate and we needed to bring it back.
Mr. Plummer: I move that we transfer it to the Manager for consideration and
recommendation back to this administration, the normal procedure.
RT 78 December 19, 1985
Mayor Suarez: Do we have a second for the motion?
Mrs. Kennedy: I think we should give them a chance to evaluate it and 1"11
second that, yes.
Mayor Suarez: Any discussion from the Commission? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1223
A MOTION REFERRING TO THE CITY MANAGER A REQUEST
RECEIVED FROM REPRESENTATIVES OF THE. BLACK CROSS
LIBERATION MOVEMENT ("HOPE AGAINST DOPE") FOR START-UP
FUNDS IN THE AMOUNT OF $50,000; FURTHER REQUESTING THE
CITY MANAGER TO REVIEW, EVALUATE. AND COME BACK WITH A
REC=4ENDATION CONCERNING SUC1T REQUEST FOR
CONSIDERATION BY THE CITY COMMISSION.
Upon biting seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
Mayor Suarez: Ma'am, the correct procedure is to take it to the City Manager
and work out the details and whether it is the kind of program we get involved
in, it certainly sounds like it is a worthy cause, and then it comes back to
the Commission with a recommendation and with all kinds of background
d information for us to be able to make a decision.
Ms. Rolle: Thank you.
Mayor Suarez: Thank you.
33. DISCUSSION REGARDING REQUEST RECEIVED FROM COCONUT GROVE CARES, INC. FOR
CONTINUED SUPPORT OF THEIR BOXING PROGRAM.
Mayor Suarez: Item 63, Coconut Grove Cares. Mrs. Virrick, you waited
patiently for half a day.
Mrs. Virrick: Mr. Mayor and Commissioners, I will have a few words to say,
but first, Mr. Collie Coats, Assistant Director of Coconut Grove Cares will
give you some background information.
Mr. Coats: Mr. Mayor and Commissioners, this will be very short. In the last
couple of weeks I have been getting the impression that a lot of people in
the City are not fully aware of what Coconut Grove Cares...
Mayor Suarez: Collie, could you give your name and address?
Mr. Collie: Yes, Collie Coats, Assistant Director of Coconut Grove Cares. I
live at 10734 S. W. 144 Street. As I was saying, I'm sure that a lot of the
people, as I've been checking around the last couple of weeks, are -not
familiar with all of the services that Coconut Grove Cares and for some time
we have been looked on as just a boxing program. Today I'm going to sit that
straight. First of all, in the boxing program, the last fiscal year, the
total number of participants was 120. Of that 120, 65 were 18 years of age
and under and 91% were from the City of Miami and those, of course, have been
turned into the City Parks Department on a weekly basis. Besides the boxing
RT 79 December 19, 1985
fi
3
program, Coconut Grove Cares also runs the Ex -offender Program which served
228 clients, placed 73, those people are still on the job in the City of Miami
which we're not charging for, those people are on the job 40 hours a week,
balance that out to $3.35 an hour, that would come up to income in this
community of $508,664. We also serve youth, young people between the ages of
10 to 16. Last year alone was 405, 100% of those clients are from the City of
Miami. So I'm saying this one point, is that the boxing program that Mrs.
Virrick has been fighting for for the years that I've been here is not the
only aspect of the program. The boxing program also feeds their clients into
the other agency's operations. Total clients last year for Coconut Grove
Cares in the City of Miami was 753 and those records are open to the public
any time.
Mr. Dawkins: Thank you.
Mayor Suarez: Is there any action that you wish for us to take at this point?
Do you have any .. .
Mr. Coats: I think Mrs. Virrick wanted to do that herself.
Mr. Plummer: You know if she is here it is money.
Mayor Suarez: The big whip.
Mrs. Virrick: Me? Recently our grant for the Boxing Program was reduced to
$25,000 from $75,000 and the understanding was that that $50,000 would be
replaced and we have come here to ask you to approve the replacement of that
$50,000 because the Amateur Boxing Program can no longer exist on $25,000
grant.
Mayor Suarez: This is $75,000 that the City previously gave that was reduced?
Mrs. Virrick: Previously gave.
Mayor Suarez: By the City?
Mrs. Virrick: Yes, sir.
Mayor Suarez: Do we have any idea, Mr. City Manager or Commissioner, why we
reduced that?
# Mr. Plummer: Mr. Mayor, there was a grant of $75,000. There was the need
demonstrated before this Commission for two other organizations, this
Commission in its wisdom felt that they wanted to divide the money among the
three. We did, in fact, make a promise to Mrs. Virrick and she is about 80%
right - if additional funds were found we would restore those monies. And
unless I know anything to the contrary, I would have to be told by the Manager
that those funds have been found. Now, the Manager has been crying poor mouth
even though he is only in office 24 hours, but ne has learned well how to cry
poor mouth and I hope it continues.
Mr. Dawkins: Well, let me give the Mayor and Commissioner Kennedy a little -
background. $75,000 was awarded to Coconut Grove Cares for the Boxing Program
and at that time we had other agencies down here that needed funding. So it
was decided that we would take the $75,000 and give $25,000 to Coconut Grove
Cares, $25,000 to Wynwood, to the ASPIRA Program and $25,000 to Tacolcy in the
liberty City area and, thereby, we would serve more of the populace in the
community with the $75,000 where we would only get one segment with the
_
$75,000. It was also as she said, told to her that we would restore the money
?:
at this time thinking that there would be money available to do it and as
Commissioner Plummer said, we have to hear from the Manager now if he has that
money, if so, we can do it.
Mr. Plummer: I think another important factor is that both of the programs in
Wynwood and Tacolcy were food programs.
Mr. Odio: I have to say, Commissioner, that Commissioner Plummer is right, we
don't have that kind of money. I have to, and I am in the process of
xrti
reviewing the whole budget, we're coming out with some measures tonight and
tomorrow precisely freezing positions or most of the positions and freezing
4
part of the budgets of each department. It would be unfair of me to say now
Y r
that I can find $50,000 for this ...
RT 80 December 19, 1985
Mayor Suarez: Is there any amount that you could recommend at this particular
time?
Mr. Odio: No, sir.
Mayor Suarez: Mrs. Virrick, rather than risk taking a vote on a motion that
has yet to be made by any Commissioner, would you rather simply go back and
work it out with the City Manager after he has looked at the budget as he has
promised to do and propose certain cuts that lie is proposing to do and see if
we can find some money?
fir. Plummer: Mr. Mayor, that was the motion of this Commission which is
prevailing, that if the Manager finds the money they will be restored.
Mrs. Virrick: I am sorry to say, and make myself unpopular, but there is no
if in it when it was told to me.
Mr. Dawkins: There was an if in it.
Mr. Plummer: Elizabeth, we sure can't give you anything we don't have.
Mr. Dawkins: We can't because we don't have it.
Mrs. Virrick: Well, do you want us to give up the Boxing Program? That is
our only alternative.
Mr. Dawkins: I have said to you time
and time
again and I will say it
now
- I.
really think that the Boxing Program
should
be
a part of the Miami
Police
Boxing Program and that the Police
should
put
people in here as
we
do
Overtown, volunteers or what have you
to run it.
And I say that now.
And
if
we find that for budgetary reasons you have
to
give it up rather than
see
these youngsters not serviced, I would
ask that
we
do it the same way as we
do
Overtown with the Police.
Mrs. Virrick: You know something, this would require quite a long discussion
between you and me and I don't think you have the time to do it today with all
these people waiting. But the City of Miami and the youth of the City will
certainly suffer if we have to give up our program because these are the
people whose lives we are turning around. These are the people whom we are
taking off the streets. These are the people to whom we are giving a better
self-concept, a better vision of what this sort of exercise does for them and
makes them respect the other fellow. There are a great man losses the City
would suffer among its youth if you do away with this program.
Mr. Dawkins: That's why I know the good you're doing and I sympathize with
what you're saying. That's why I said I would do all I could within reason
with the Police Department to see this is saved. I agree with you but we
cannot produce dollars we don't have.
Mrs. Virrick: Mr. Dawkins, you told me in the presence of several people that
this would be replaced.
Mr. Dawkins: If we found the money we would replace it.
Mrs. Virrick: There was no if about it.
Mr. Dawkins: No, I didn't have to tell you, we already told you. We told
everybody in here that if we found - all the people that were cut out were
told if we found money we'd give it to them.
Mrs. Virrick: Well, how long will it be before we will know whether or not
you can replace it?
Mr. Dawkins: As soon as the Manager works out the differences with the Police
and Fire Department as to what raises they will give we will know what kind of
money we've got left and what we have to do with it. Now, we can't even
promise you that that money will go to social services. It may have to go for
feeding more elderly people, we don't know. And to keep from saying that I
told you again that you would get some money, I have to clarify now by saying
that if the money is found and this Commission decides to do nothing else with
it then you get $50,000.
RT
81 December 19, 1985
Mrs. Virrick: Mr. Dawkins, how do we go ahead and pay the salaries?
Mayor Suarez: We're not going to get involved in a back and forth argument
F here. Unless any other Commissioner wants to express themselves on this topic
I'm ready to make a motion. My motion would be, I pass the gavel over to the
Vice -Mayor to chair, that we instruct the City Manager to find somewhere
$25,000 and I know that he can, I know that he will.
Mrs. Virrick: It is $50,000.
Mayor Suarez: Well, I'm going for $25,000 right now so that we can at least
keep the program going for the next reasonable period of time, whatever it may
be and I so move.
Mrs. Kennedy: I think it is a great program, Mrs. Virrick, and I also want to
help you. I'll second Mayor Suarez's motion.
Mrs. Virrick: Thank you. But you see, I have to ask you how long because we
have to pay salaries.
Mayor Suarez: Well, it would be fore roughly half the period that you need
the $50,000 for. You might be mindful of the fact that assuming it passes,
and I'm not sure it will, that you're going to have to look in as many places
ass you possibly can for other funding. We are having a difficult time
ourselves within this City government and structure finding the monies to do
the things that we are required by law to do which Commissioner Dawkins has
stated including keeping our Fire and Police and other services going.
Mr. Dawkins: Any further discussion?
Mrs. Virrick: Yes, I want to ask you how we pay salaries in the meantime.
Mayor Suarez: Well, if it passes we will be giving you half of the amount
that you're seeking, presumably to last half of the time that you expect the
$50,000 to be sufficient for.
Mr. Dawkins: Further discussion? Bearing none, call the roll.
The preceding motion introduced by Mayor Suarez and seconded by
Commissioner Kennedy failed to pass by the following vote -
AYES: Commissioner Rosario Kennedy
Mayor Xavier Suarez
NOES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
ON ROLL CALL:
Mr. Plummer: I'll tell you what I'm going to do. I'm going to vote yes but
I'm going to predicate it on this. Elizabeth, you're not going to get the
other $25,000 vote from me. I want to be honest with you. Because I tell you
what we're going to need that money for - and it is unfortunate. We're going
to need that money to pay unemployment for some employees that are not going
to have jobs in the near future. And I'm telling you if you want to take care
of some people we take care of our own first. I'm going to go along with the
motion today but I'm telling you right now that this is wind down money. It
is wind down money. I don't want you to be left in the lurch so I'm voting
with you today to get your wind down money but I will not vote for another
$25,000.
Mrs. Virrick: Tell me what you mean by wind down money.
Mr. Plummer: Wind down means that you will not come back here in a panic
emergency situation three months from today and say I can't pay my bills. I'm
telling you this one vote will not vote to give you any additional moneys this
year unless the Manager finds the money and will come forth and volunteer it.
So I don't want you to come here panicky banging on the door saying "How am I
going to pay bills?" We're telling you today we're going to pay your bills
for another three months but I, for one, am putting you on notice that not in
RT 82 December 19, 1985
I
good faith can I vote for another $25,000. Okay? I want you to understand
that. I'm being honest with you.
i
Mr. Dawkins: I'm voting against the motion and I want all five of us up here
to understand that a policy was made that we would not send the Manager to
find money. Now, you have just broken that policy. Now, when other people
come up here asking to find money, damn it, tell the Manager to go find it.
Mr. Plummer: I'm sorry, I've got to change my vote. I'm sorry. I have got
to adhere to that policy. I was one of the ones that moved that policy, Mrs.
Virrick, I. hate to do this to you but I would be less than good faith to my
colleagues who established that policy that moneys would not be made available
and I have to uphold that end because I was pdrt of it. And I really hate to
do that.
Mrs. Virrick: What do you mean money was made available then it was taken
away.
? Mr. Plummer: Yes, I understand. Okay? I'm sorry I have to change my vote.
I'm sorry.
Mr. Carollo: Let me make a statement. Elizabeth, it is nothing personal with
the program that you have. The problem is that it has all of a sudden become
i very popular but some of us like myself were saying in this Commission for
some time and the records are clear on that and that is that we've got to cut
back on the raising of taxes in the City. Miami is becoming a City of the
very rich, the very poor and we're losing the backbone of the City, the middle
class. Now, I don't understand how we're going to cut back on taxes, provide
1 better services and at the same time be funding all the different programs,
all the different things, all the carnivals, all the parties that we've had in
the past. It is impossible. At least I, for one, am going to try to abide as
much as I possibly can with what I have been saying since I arrived to this
Commission in 1979, that we have to start cutting back. I'm glad that it has
finally become something that is very popular.
Mr. Plummer: I can't leave the subject without at least, Mr. Manager,
Elizabeth, when are your bills paid to? Elizabeth, when are your bills paid
to? I can't leave you in a deficit because you are a City sponsored program.
Mr. Coats: Mr. Plummer, right now what happened is that the $25,000
allocated, we haven't received anything of that. We have been making the
payment to the staff.
Mr. Plummer: Excuse me. As of today...
Mr. Dawkins: J. L., he says they have not received the $25,000.
Mr. Plummer: I understand that. But as of today, will that $25,000 that you
are entitled to, will that pay you up currently?
Mr. Coats: Yes, sir.
Mr. Plummer: Okay. So then you know that you've got to cut it off tomorrow
or find other sources of funding. I didn't want to leave you in the lurch and
have you owing money because you are a cosponsor with the City. Okay? Now,
you're telling me that the $25,000 when you receive that will make you
current, is that correct?
Mr. Plummer: Okay, then I feel a lot better. Mr. Odio ...
Mrs. Virrick: Just a minute, let me say something. Do you realize how many
hundreds of thousands or maybe millions of dollars are being spent to deter
and reduce crime and there is no more crime deterrent program than that
amateur boxing program. Now, it doesn't seem quite fair that you have a
program that takes the young men off the streets, keeps them out of the
stores, helps the merchants from having robberies all the time, gives these
young men a fair chance, gets them back into school, teaches them respect for
authority and for other people land you want to spend thousands of dollars to
deter crime and then cut this program off because you're telling us to pay our
bills now and then cut the program off. That's what you're saying as I
understand it.
RT 83 December 19, 1985
Mr. Dawkins: Mrs. Virrick, I agree with you in total and when the citizens
against crime came down here yelling and screaming to hire a thousand people
you and T were the only ones who said that Representatives Friedman write into
the bill for the one cent sales tax that some of this money be used to deter
crime and work with juveniles but because you and I were in the minority and
citizens against crime was in the minority, the pressure group, they elected
to hire a thousand policemen instead of putting money in places like you say.
I agree with you, it is time for us to find money to deter crime rather than
to treat the crime after it has happened. But we've got to find it some place
else other than raising your taxes and my taxes and somebody else's taxes.
Mr. Carollo: Miller, in all frankness, we've been telling Mrs. Virrick for
some time now that the money is going to start to be cut off. This is not
something that we have hit you with all of a sudden and never have made any
mention of it before.
Mayor Suarez: I'd like to make just one last comment, Mrs. Virrick. And
Collie, if you are interested in using my office to whatever extent you'd like
to find private sources, I believe we could find some. Couple that with
volunteers from the other program such as the one the City Police Department
runs on a volunteer basis, police officers, at Gibson Park, I was there on
Monday and got my eye scratched, by the way, playing basketball, in any event
it was a great program and it is run on a totally volunteer basis, they have
some good boxing coaches there and in any event we will look for private funds
and I think there are some available. This is a particularly good time of the
year to ask our private sector who are doing quite well for some monies and I
will so offer my office.
3 Mrs. Virrick: Tell me something, how can the City of Miami give a grant and
1 then take two-thirds of it away in the middle of the stream as it were?
Mayor Suarez: I guess we never quite gave it before is what it comes out to.
i
Mr. Carollo: No, not quite, we didn't give it before.
Mayor Suarez: No, apparently we never had decided to grant that money before
,{ to appropriate it, it was a reflection of an intention of the Commission or
i something to that effect but it was not an actual resolution to award the
monies.
Mrs. Virrick: The City was paying us on the basis of that.
i
Mayor Suarez: It was paying you on the basis that more monies would come and
that is somewhat of a change in mid -course, I think most of us acknowledge
that. The vote is taken, we appreciate your time and we'll help and I'm sure
all the Commissioners will help too to find private financing and volunteers
to complete what you need to run that program effectively. It is a very
important program, I think we all agree on that. Remember, I promised to do
an exhibition for you if you want it if it will help to raise funds. I'll box
against you, Collie.
Mrs. Virrick: We were wondering if you really meant that. That might put
some new life into it.
Mayor Suarez: Absolutely. I mean it, yes, as long as it is him or you. I'd
be afraid to get in the ring with you.
i
Mr. Plummer: I-11 bury the loser at half price - bury both at no charge.
3
Mr. Dawkins: Plummer does not bury nothing for free.
NOTE FOR THE RECORD: Upon agenda item 64 being called by the Mayor for
discussion, no one came forth to speak on the issue. Agenda item 65 was
withdrawn by the administration.
f
34. GRANT REQUEST RECEIVED FROM THE WYNWOGD ELDERLY CENTER - DIRECT THE
ADMINISTRATION TO ALLOCATE FUNDS ON A TEMPORARY BASIS.
Mayor Suarez: Item 66, a representative of the Wynwood Elderly Center to
discuss funding for the Jose Mendez site. Ingrid, state your name and
address, please.
Ms. Ingrid Grau: Sure. Good afternoon, Mayor and Commissioners, my name is
Ingrid Grau. I am the executive director for Wynwood Elderly Center located
at 2902 N.W. 2nd Avenue. During the pasta year, I have been requesting for
your support to provide 94 meals for the Jose Mendez site which was recently
constructed. It is art elderly public housing with 72 units and it is located
at 30th Street and N.W. 3rd Avenue. The Jose Mendez site has been in planning
8 consecutive years and finally it has materialized. HUD has been very kind
to allow us to use their space of 1,635 square feet which is valued for
$65,400 for only $1.00 a year. And also has furnished the whole site so the
elderly could use the space. Catholic Service Bureau has provided the meals,
the raw food cost and we are asking for you for I don't know how many times,
this is going to be the 9th time, $33,000 in order to be able to provide those
meals to our needy low income elderly who are actually on our waiting list.
Mayor Suarez: Are these Community Development Block Grant monies, Mr. City
Manager?
Mr. Odio: What happened, they were supposed to have matching funds, Mr.
Mayor.
Mr. Plummer: No, I think you're confused with the issue.
Mr. Odio: No, I'm not.
Mr. Plummer: This is asking for an outright grant.
Mr. Odio: That is right, because they could not get their matching funds.
i
Mayor Suarez: There are no C.D. monies available, Frank?
Mr. Plummer: Not for food programs.
Mrs. Kennedy: You were not able to get state funds?
Mr. Frank Castaneda: Let me say this. This may be confusing. Basically,
what happened, that last June or July, when we had the C.D. public hearings,
we approved money for a number of programs. There is a program in the Wynwood
area which is called National Puerto Rican Forum, which was awarded $57,000,
j with the condition that they would be able to obtain matching state funds.
That group has at this time not been able to obtain that match. I believe
that they might be here. I don't know it I see them. They have since gone to
the County to apply for matching funds and they have an application there,
R which is being reviewed and they should have some kind of answer in January.
As you are aware, we have awarded all the money from C.D., and you know, and
F.R.S. for social programs and we are at the cap. The only way that we can
t foot anything else, if you decide that since this program has not been able to
obtain the match, and we relinquish our commitment to them, and then you would
j open that up.
Mr. Dawkins:
Let me say this, Mr. Mayor ...
Mayor Suarez:
Who is the commitment to? I am sorry, Commissioner. Who is
the commitment
to that we would have to relinquish?
Mr. Castaneda:
National Puerto Rican Forum.
!
Mayor Suarez:
They are not here? Ott, they are here!
I am sure they will
speak ...
'
Mr. Dawkins:
Ok, let me say something before he speaks.
This is another one
of the programs that is in the same bind as Mrs. Virrick.
This is why I said
food. Now, when
this organization came before us during
the revenue sharing
:r¢
RT
85
December 19, 1985
W
2M
cut, we said we were feeding people and providing medicine for the aged. We
said give them money for the food, but some kind of a way it got lost and
nobody picked it up, and therefore, when all the money was appropriated, they
did not have the money we thought we appropriated to them, so that is why I
said that. I told Mrs. Virrick, and I will say it again, that if we find any
money, in my priority, this program has priority over the boxing program for
the $25,000.
Mr. Plummer: Or any other food program!
Mayor Suarez: Can we hear from the person who is supposed to get the funds
that you are asking for us to relinquish, or take away?
Mr. Sol Werban: My name is Sol Werban, from the National Puerto Rican Forum,
located at 4141 North Miami Avenue. We have not been remiss in looking for
funds, for matching funds, in the amount of $56,000.
Mayor Suarez: $56,000?
Mr. Castaneda: $57,000.
Mr. Werban: In fact, we have submitted proposal to the County, to Mr.
Clarence Uwell to the office of Job Training Coordination, Mr. James Barforth,
Director, with special programs division, who came to our office and saw the
facility and saw the program we are carrying out there, and ...
Mayor Suarez: Which is what? What is your program, essentially?
Mr. Werban: Ok, employment and English as a second language, survival skills.
Mayor Suarez: Yes, sir. There is no possible way for you to combine with Ms.
Grau's program in some way or another? ... cooperate with her?
Mr. Werban: Well, in fact, we are requested to have a budget of $113,000. We
have been promised $67,000, so I think we are $56,000 short.
Mayor Suarez: What happened?
Mr. Werban: And that is where we are fighting for now. We have proposals
already at these places that we have mentioned and were given to understand
that we had a deadline to June, 1986.
Mayor Suarez: By whom? Who set the deadline?
Mr. Werban: Well, there is a letter to that effect.
Mayor Suarez: From whom? From what ... from the other matching funds, or
from us?
Mr. Werban: Well, from the City Commission.
Mr. Castaneda: The contract period would expire June ....
Mr. Werban: So I don't see why if the contract period expires and seems to be
binding, there would be any petition from other programs to have this money
allocated to them, when in fact it has been appropriated.
Mr. Plummer: Yes, but you have already gone three months into the year, sir.
Mayor Suarez: Are we going to wait until the end of the contract there before
Mr. Castaneda: Five months.
Mr. Plummer: I am sorry, five months, and that money is in abeyance, is not
being used.
Mr. Werban: Well, we are fighting to get the matching funds. We are
contacting other sources. We are contacting the private sector and the public
sector as well.
Mr. Plummer: How much have you got a commitment for at this time?
''' RT 86 December 19, 1985
s
Mr. Werban: Well, we have no definite commitments. We are in negotiations
with Mr. who will give us an answer probably next week.
Mr. Plummer: Mr. Mayor, I make a motion at this time that this organization
be given until the 15th of January, as such time, ii the matching grant is not
forthcoming, that money be relinquished back to the City for distribution to
food programs. I so move.
Mr. Dawkins: Second.
Mayor Suarez: Any further discussion on the motion?
S
Mr. Werban: Can I request that the period be maybe four weeks rather than
two?
Mr. Plummer: Sir, you said within a week. I gave you three.
Mayor Suarez: You have got to be careful with J. L. He is quick on the draw.
Mr. Werban: That would be the only source that we are working with.
Mrs. Kennedy: With Commissioner Plummer you have to quit while you are ahead.
Mr. Werban: I am not appealing to his...
Mayor Suarez: About four weeks altogether? That is almost the same thing.
Mr. Plummer: I will tell you what. We will stretch a point until the 22nd.
Mr. Werban: The 22nd?
Mr. Plummer: Yes, sir, and that is ... the next day we meet, because it would
take until that action to do something.
Mayor Suarez: That is more than four weeks, sir.
Mr. Werban: Okay, thank you.
Mayor Suarez: Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1224
A MOTION DIRECTING THE ADMINISTRATION TO GRANT REQUEST
RECEIVED FROM REPRESENTATIVES OF THE WYNWOOD ELDERLY
CENTER FOR $33,000 UNTIL JANUARY 23RD; FURTHER
STIPULATING THAT IF BY SUCH DATE NO MATCHING FUNDS
HAVE BEEN FOUND BY THIS ORGANIZATION, THESE MONIES
SHALL BE TAKEN BACK AND WILL BE ALLOCATED TO SOCIAL
AGENCIES INVOLVED IN FOOD PROGRAMS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote —
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice —Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
RT
87
December 19, 1985
35. ENDORSE POSITION OF FLORIDA CONGRESSIONAL DELEGATION WHICH URGES
AND SUPPORTS PRESIDENT REAGAN'S FURTHER IMPLEMENTATION OF THE
FEDERAL GOVERNMENT'S CONTAINMENT AND DENIAL POLICY TOWARDD THE
COMMUNIST GOVERNMENT OF CUBA.
Mayor Suarez: Last item on the 11:45 A.M. personal appearances, Gilberto
Casanova, general secretary of Accion Cubans, and then Bob, we will get to
you.
Mr. Gilberto Casanova: Mr. Mayor, the City Manager, and the Commission,
everyone inside, very happy Christmas and a happy New Year. My name is
Gilberto Casanova, 1100 East 10th Avenue, Hialeah, for 23 years. My
organization in the Cuba Accion. My organization for everybody in the United
States. 98 people support for my organization Now, may I speak in Spanish?
Mr. Casanova: (translated by Cesar Odio) We, with our respect, to all new
Commissioners and the Mayor, we are addressing ourselves in a letter in
English and also to all the Commissioners since the 25th of December. All of
the people of Miami know that we have handed over to the President of the
United States, Ronald Reagan 14,000 signatures signed by the people
requesting the cancellation of all trips to Cuba, the sending of packages to
Cuba and the interests section in Washington, because all of you that are here
know, like we do, that we are invaded by one of the largest infiltrations of
by Fidel Castro and the Soviet Union.
Mayor Suarez: Mr Casanova, let me interrupt you for a second sir.
Mr. Casanova: Yes, Sir.
Mayor Suarez: Is most of what you are going to tell us today contained in the
x
letter you sent us dated November 22,1985?
i
3 Mr. Casanova: Yes, Sir.
Mr. Odio: Comments in Spanish.
i
i
Mayor Suarez: Let me respond to you briefly. Before I do, and I am sure the
Commissioners will also want to say something on this issue. Before I do, I
want to recognize the presence of the State Representative Alberto Goodman in
i the back, and candidate for the Commission, Victor DeYurre, in the past
election - good friend of Commissioner Dawkins! Sir, three days after your
letter dated November 22, 1985, an imminent congressman from the State of
Florida, Claude Pepper, sent the following letter to President Reagan, and it
C
� was co -signed by people such as Senator Lawton Chiles; Bill Young, member of
Congress; Mike Bilirakis, member of Congress; Tom Lewis, Bill Chappell, Andy
Ireland, Earl Huttoe, Larry Smith, Bill Nelson, E. Clay Shaw and Sam
Givens - most of them from the Florida Delegation. Senator Paula Hawkins,
i Buddy McKay, Connie Mack - also congressmen, all of these, Bill McCullum, Don
Fuqua and Dan Mica, states as follows, and I believe it will satisfy a lot of
what you are asking for. In fact, it is rather more specific and supports
things that are more doable. He says, for example on page two, and I won't
read the whole thing to you, but if you will take it and consider, maybe it
will satisfy what you are trying to accomplish.
"The Cuban government, in search for hard currency, exploits the Cuban -
American community througn several questionable schemes, carried out by
certain travel agencies and companies who send money and packages to
Cuba. Perhaps the Justice Department could review the appropriateness of
these types of activities. Another way that Castro has been able to
circumvent American laws to obtain hard currency is by encouraging the
legal use of U. S. credit cards in Cuba."
I didn't know that happened.
"To date no prosecution have taken place based on this violation. In
view of Fidel Castro's campaign, urging non-payment of a foreign debt by
Third Worid nations, perhaps you could include U. S. concerns on this
matter on every bilateral agenda with western governments. Castro's
emphasis to destabilize the western economy should not be viewed as
RT 88
December 19, 1985
distinct from his efforts to renegotiate his own debt. Until now, the
rescheduling process of has failed to take into
consideration Castro's attempt to reap havoc on the western financial
community. As well as informing other governments about Castro's
duplicity in the debt issue, the United States should make every effort
to expose Castro's support for terrorist organizations and narco-
trafficking. The Cuban intro -section ..."
Here he refers specifically to one of your items.
...in Washington, P.C., freely distributes Cuban government publications
to our opinion and decision makers. The United States should actively
distribute through our intro -section in Havana, a wide selection of
American newspapers and magazines - from time to time it has come to our
attention that some of our allies, including governments that receive
American aid purchase Cuban sugar and other products, given the great
need among our friends in the Caribbean who produce the same
commodities, you are in a position to encourage our allies to redirect
their trade to our Democratic friends in the region. To this effect,
the systematic effort to monitor Cuban exports ought to be implemented."
Etcetera, etc. He has a very complete program, very specific program
to
accomplish a lot of the same things you are talking about -including monitoring
Of travel agencies that go Cuba, including the Cuban intersection, and
in
general, relations with Cuba; and he is a U. S. Congressman with a lot
of
clout, as you can see from the people who co -signed this letter. I don't mean
to tell you that you should redirect your attention to the U. S. Congress.
If
you have something that you want fur us to vote on, I would suggest that
you
ask us to vote on a resolution supporting Congressman Pepper's letter
to
President Reagan dated November 25th. If you would like to have more of
an
opportunity to look at it and have someone translate It to you - if you don't
understand parts of it, you are welcome to take It with you and come back to
us
at the next Commission meeting, or even this same Commission meeting, so we
can
get on with the business of running the City of Miami, sir.
Mr. Casanova: (translated by Cesar Odio) I will continue speaking in Spanish.
All the persons that Dr. Suarez mentioned, are the same persons that we have
sent our petitions, to the House of Represntatives in Washington - Congress
that is composed ...
Mr. Odio: (Comments in Spanish)
Mrs. Kennedy: Excuse me ... (Comments in Spanish)
Mayor Suarez: Would you stop, Mr. Casanova? Let me finish, sir. What I am
proposing with Congressman Pepper is actually stronger and more specific.
Mr. Casanova: (translated by Cesar Odio) What the Senator is saying, Claude
Pepper, we were the ones chat presented that to Senator Pepper. They have been
their motions ...
Mayor Suarez: Sir, let me just close at this point by saying, because I think
we are far afield of what we are supposed to be doing here today, that the
first page of the letter that I have read to you is actually stronger and if
Mr. City Manager, Mr. Odio, would be so kind as to just translate very briefly
two other short paragraphs, he says Here, the policy options that they are
recommending are as foilows: It says:
"As you know, Fidel Castro reneged on his promise to allow the return of
about 3,000 individuals who were sent here in 1980 in violation of U. S.
laws." More than five years after their arrival, we strongly recommend
that all Cuban U.S. exchanges, cultural, artistic, sports, etc., be
suspended until these individuals may be returned to Cuba."
And the final paragraph is very short.
"Given the roll of thousands of Cuban troops in remote parts of the world
and the increasing bloodshed in Angola, the U.S. ought to seek ways of
broadcasting Radio Marti to Castro's armies abroad."
Sir, with all due respect, that is a lot stronger and a lot more specific than
what you are proposing and I suggest chat you direct your attention to
Congressman Pepper.
RT 89 December 19, 1985
Mr. Casanova: (translated by Cesar Odio) I need. He brings the Miami Herald
with him on the 28th of December with the report on all of the frauds that are
going on here with the Cuban companies for Castro, producing all kinds of
frauds. We have come here to City Hall, that all of you Commissioners, do the
same that the City Hall of Hialeah did, where all of the Commissioners, with
no exception approved...
Mayor Suarez: Sir, Mr. Casanova, we have heard enough from you. We understand
what the other City Commissions have done and you know its up to the
Commission to take all the points that they recommended unanimously.
Mr. Casanova: One second please, one second.
Mayor Suarez: I'm gonna time you on that.
Mr. Casanova: Tile Sweetwater City Hall did the same thing. West Miami did the
same thing — last night in a meeting, did the same thing . We hope that all
of you, that is, the Mayor and the other Commissioners who are Cuban just like
he is ... that he requests that you approve what 98 percent of the people are
requesting. Thank you.
Mayor Suarez: Sir, we appreciate your time. I concede the Chair to
Commissioner Dawkins, and move that this Commission endorse the sentiments
expressed by Congressman Pepper and these other Senators in his letter dated
November 25, 1985. If they want more time to look at it, I will be happy to
postpone my motion.
Mr. Plummer:
Second the motion.
i
Mr. Dawkins:
Further discussion?
Mr. Carollo:
I would like to ask the maker of the motion if you
could include
in that motion
the sentiment that the editor of the Miami Herald,
Jim Hampton,
expressed in
reference to treason and capital punishment. I think
that would
satisfy completely
Mr. Casanova.
3
Mayor Suarez:
My motion stands as made. I don't know what this
statement has
to do with it,
to tell you the truth. Wtiat does it mean, what he
is saying?
i
Mr. Carollo:
What are you saying, Xavier?
Y
A
Mayor Suarez:
I don't understand what the motion is.
Mr. Dawkins:
You made the motion. He wants to amend it.
3
a
Mayor Suarez:
You want to amend my motion to say what?
Mrs. Kennedy:
What is the amendment that you are proposing?
Mayor Suarez:
We don't understand your amendment.
'
s
Mr. Carollo:
Well, do you want to translate, Cesar?
Mr. Plummer:
Wait a minute! I'll translate!
Mr. Carollo: Mr. Mayor, we will ...
Mayor Suarez: I don't accept your amendment, Commissioner Carollo. My motion
stands as read.
Mr. Carollo: Oh certainly, Mr. Mayor. Whatever you say!
Mr. Dawkins: Any further discussion? Hearing none ...
Mr. Carollo: Mr. Casanova, did
you understand
the motion that is being made?
Mr. Plummer: Going once, going
twice ...
Mr. Carollo: Cesar, would you
please explain
to him in Spanish what we are
doing, because I don't want
him to leave
here, later on with a false
z
I
impression.
�K
�`
RT
90
December 19, 1985
Mr. Odio: (Comments in Spanish)
Mr. Dawkins: Call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 85-I225
A RESOLUTION ENDORSING THE POSITION OF THE FLORIDA
CONGRESSIONAL DELEGATION WHICH URGES AND SUPPORTS
PRESIDENT REAGAN'S FURTHER IMPLEMENTATION OF THE
FEPERAL GOVERNMENT'S CONTALNMENT AND DENIAL POLICY
TOWARD THE COMMUNIST GOVERNMENT OF CUBA UNDER FIDEL
CASTRO AS SET FORTH IN THE ATTACHED NOVEMBER 25, 1985
LETTER TO PRESIDENT REAGAN WRITTEN ON THE LETTERHEAD
OF THE SENIOR MEMBER OF THE HOUSE OF REPRESENTATIVES,
THE HONORABLE CLAUDE PEPPER, AND SIGNED BY U.S.
SENATORS LAWTON CHILES AND PAULA IIAWKINS AS WELL AS
OTHER MEMBERS OF THE FLORIDA CONGRESSIONAL DELEGATION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mr. Carollo: I'd like to say that this is an item that the Mayor placed on
the agenda, and that is for the motion and the resolution that the Mayor put
forth. I vote yes.
Ms. Kennedy: Yes, I think that one of the great differences between the
United States and Cuba is that we don't prohibit our citizens to travel to
Cuba.
36. CONTINUED DISCUSSION REGARDING SITE SELECTION FOR LOW/MODERATE INCOME
HOUSING DEVELOPMENT OFF CLAUGHTON ISLAND (See Label #10 above)
Mayor Suarez: Next item. You are not required to speak, Bob, and it might
not even be a good idea, in view of the action we took. I am sure you were
advised of what it was.
Mr. Robert L. Traurig: I would like the opportunity, recognizing that ...
Mr. Plummer: Ah! The honorable Mr. Traurig.
Mr. Traurig: Thank you, sir. I would like to say ...
Mayor Suarez: You are not running for Mayor, are you?
Mr. Traurig: No.
Mayor Suarez: Good.
Mr. Plummer: Where is your check for $8,000,000 the Mayor asked for?
RT
91
December 19, 1985
Mr. Traurig: I wasn't here, so T didn't hear. I want to express my personal
apologies to you, Mr. Mayor, and to each member of this Commission, and to all
those people who attended the morning session to participate in the discussion
regarding Item "H" as it appears on today's agenda. For my failure to be here
when the item came up, T would tell you that T was at the metropolitan Dade
County Commission, that had an unscheduled item dealing with the occupational
license tax, which took an hour and one—half; that it preceded their
consideration of items that were on that agenda, and I was item number two,
and I just didn"t get through in time, and I appreciate your giving me this
opportunity to spend a couple of seconds to number one, say hello, and number
two to tell you that I am fully aware that on January 23rd we are to come back
to you to discuss sites. 1 think that is a lot more important, that is, the
site selection, than the question of whether or not we need additional time.
We don't even want to talk about that until the appropriate time. What I would
urge this Commission to do, and that the staff do, and that ail of those
people who are in the audience and in the real estate community, and this
community to do, is to advise us whether or not there are alternatives sites
that ought to be considered and presented to you. We thought we were doing a
very diligent job of identifying sites that were property located, and which
ought to be favorably considered. It is obvious to us that we have to come
back to you with a number of additional sites in a number of additional
communities and, rather than deal with the specifics of the site selection at
this time, I would merely say that we are anxious to solve this problem to the
satisfaction of all those who have an interest in the outcome. And I thank you
for giving us this opportunity to at least say that we regret that we were
unable to make the presentation at 10:30 A.M. this morning and that we that we
for giving us the opportunity on January 23rd.
Mr. Dawkins: Mr. Traurig.
Mr. Traurig: Yes, sir.
Mr. Dawkins: I think I nuud to tell you that when you come back on the 23rd,
I am not interested in no numerous number of sites. Sir, we said put a 100
units — I mean put half the units in Liberty City, put half the units in
Little Havana. Now, when you come back with multiple sites, you delay the
process, sir, in that you are making me make a selection for you to go back
j
and act on. When you come in on the 23rd, I would suggest to you, sir, that I
}
will be looking for you to have two sites selected, for you to have an option
on purchasing them, or whatever it takes to acquire them, and that you have
identified you a builder to build. If you do not have those things on the
a
23rd, sir, I will move ... Madam City Attorney, tell me if I am correct ... I
a
would like to move at that, time that because the builder has not provided the
City with 200 units of low income housing, that it revert back to the original
a
order, and that put 200 units on Claughton Island immediately, and don't do no
other further construction on anything else on Claughton Island until 200
units are completed, and I wish you would tell me how to do that when we come
z
back on the 23rd.
fi
Mayor Suarez: Correct.
{
Mr. Carollo: Miller, if I can make a correction — 225!
Mr. Dawkins: 225, ok.
Mr. Plummer: No, no. If they go on the island, it is 200.
Mr. Dawkins: Off the island it is 225.
Mr. Plummer: He has got to pay a penalty off the island.
Mayor
Suarez: Bob,
rather than repeat all the stuff that took place, there
was other
discussion
by each one of
the Commissioners, and I expressed what I
hoped
you would come
back with, and
it is not exactly that, but you might want
-'.
to go
back to your
partner and see
what it is that was stated, rather than
repeat
the whole thing again. There
are people waiting on ocher items.
Mr. Traurig: Ok. Yes, and
I apologize to
them,
and I thank them for giving
me this opportunity. We will visit with
each
of you so that we can to
understand exactly what each
person suggests
that
we do, and I understand Mr.
Dawkins' desires. I would
only answer it
this
way, Commissioner Dawkins —
that the only reason I said
that we would come
back
with multiple sites is so
RT
92
December 19, 1985
that if you reject one site, you may have a second site within that package
that might satisfy you, but if ...
Mr. Dawkins: Mr. Traurig, I will say again, and I admire your skillfulness as
a lawyer, and you are able to put into words just what you want. That is how
I got hung up where I am now, okay, so I must tell you now, that I don't want
multiple sites. I don't want you to give me a choice. 1 want you to bring me
two sites that you are going to build two public units on.
Mayor Suarez: That would certainly reflect my own opinion, too, I might add.
I don't know about the rest of the Commission.
Mr. Traurig: We thank you very much, and we appreciate this time.
Mayor Suarez: I11ultiplicity of sites would simply confuse us, and we are
really not in the site selection business, to tell you the truth.
Mr. Traurig: Thank you.
Mayor Suarez: We are making copies of that letter - thank you.
37. FIRST READING ORDINANCE PROHIBIT TELEPHONE ALARM DIALING DEVICES.
Mayor Suarez: Item 35. It is an ordinance prohibiting installation and
maintenance of automatic telephone alarm dialing devices, which uses public
lines.
Mr. Plummer: Mr. Mayor.
Mayor Suarez: Yes?
Mr. Plummer: I brought this up at budget time and I was asked to look in and
work with the Fire Department.
Mayor Suarez: Do you recommend it, Commissioner?
Mr. Plummer: I definitely recommend it, but let me tell you just for the
edification of yourself and Commissioner Kennedy - approximately two, three
years ago, Mr. Mayor, we were plagued with burglar alarm calls and primarily
because of the fact that they were put in by people who were not really
understanding now alarms should go in. We ran a time study in the Police
Department, which showed in one month that we dedicated 11,000 hours of
policemen"s time to answering false alarms. We instigated this ordinance with
penalties and after a certain period of time we would not respond, which
cannot of course, be with the Fire Department. They must respond, but I am
happy to tell you that the latest figures show us that by chat ordinance in
the Police Department relating to burglar alarms, they have dropped down to
under 3,000 hours for false alarms. Mr. Mayor, this ordinance here is
basically the same concept, but I want to stress very clearly that at no time
will the Fire Department not respond. This is, for example ... we have three
major hospitals in this community, and I will not name them, because I don't
want to embarrass them, but in the past - Chief five months? ... was it five
months? ... what was the time?
Chief McCullough: This year.
Mr. Plummer: This year.
Chief McCullough: We had one hospital. We had 16-1 false alarms.
Mr. Plummer: Ok. in one hospital, we have dedicated two and one-half fire
stations to 162 ... go ahead, give me the rest of the figures.
Chief McCullough: We had 162 false alarms in one hospitals, 58 in another, 25
in another, and in two major complexes downtown, we have had ovrr 80 false
alarms.
RT 93 December 19, 1985
5
a
Mr. Plummer: Ok. Now, what this is doing is saying to those people, that you
had better get your alarms fixed. You had better get them working properly,
because if you don't, we are going to ask you to pay for those funds that we
are expending by sending needlessly, this equipment to your location. I don't
think anybody could have any qualms with that, but once again, I want to
' reiterate at no time, regardless of the circumstances, will the Fire
Department not respond. If you don't fix it, it is going to start to get
very, very, expensive, ok.? Mr. Mayor, I recommend Item 35. It is something
the Commission asked me to work with the Fire Deportment to come up with and
if there is not any further questions, I will be happy to move it on first
reading.
Mrs. Kennedy: And I second.
Mayor Suarez: A second to the motion. Do we need check to see if we have
anyone from the public that wishes to comment on this, or is this an item we
can deal with ourselves?
Mr. Plummer: Mr. Mayor, always public input is important dnd they will also
have the opportunity at second hearing.
Mayor Suarez: Ok. on first reading, do we have anyone from the public that
wishes to express themselves for or against this particular ordinance? ...
Item 35 of the agenda. Hearing none, let the record reflect there was no one
from the audience that wanted co have any input on this and Commissioners, any
a discussion? Call the roll.
a
(NOTE: AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE. PUBLIC
r
RECORD:
Mr. Plummer: Let the record reflect that, that which we are voting upon is
the new 35, which was handed to each member of this Commission - so reflect.
J Copies were made and are available to the public.
AN ORDINANCE ENTITLED -
AN ORDINANCE PROHIBITING THE INSTALLATION OR
MAINTENANCE OF ALL AUTOMATIC TELEPHONE ALARM DIALING
DEVICES WHICH TRANSMIT OVER TELEPHONE LINES
EXCLUSIVELY BY THE PUBLIC TO REQUEST EMERGENCY SERVICE
FROM THE MIAMI FIRE RESCUE INSPECTION SERVICES
DEPARTMENT; ESTABLISHING A PROGRESSIVE SCHEDULE OF
FINES FOR EXCESSIVE FALSE ALARMS AND PROVIDING FOR
APPEALS THEREFROM; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
i
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Plummer: Mr. Mayor, I want you to know that I am further working on, as
requested by the Commission at budget time, two other items. One is in
reference to rescue, for false alarms on rescue. We are experiencing today,
unfortunately, out of 36,000 calls a year, 40 percent of those calls are
needless. We are right now about to tell the Fire Chief we can't have two new
rescue trucks because that would represent $1,000,000.
Mr. Odio: I already told him.
RT
94
December 19, 1985
K
Mr. Plummer: ... he has :already been told. What we can do, if we can get
efficiency and get these needless calls reduced, then we won't need the
additional fire trucks and they will be used devoted to that. The second
matter that I am work on, r!r. Mayor, continuing to work oil - is the fact that
we are now transporting approximately one-third of the patients or calls that
we respond to. This year so far, we have transported just over 10,000, and it
is the feeling, and it was the ieeling at budget time that insurance companies
will pay for that, as they would an ambulance, and that Medicare will pay for
that, and I think it is only right that those monies should be forthcoming to
the City, because we are providing a service, so I am continuing to look into
those both sources of revenue, as I was instructed to do at budget cime. For
the record, Chief, would you come to the microphone - item 35 is with your
recommendation of approval?
Chief McCullough: Yes sir.
Mr. Plummer: Thank you.
38. DEFER PROPOSED FIRST REAPING ORD. PROHIBITING PLACEMENT OF REFUSE IN
PUBLIC RIGHTS -OF WAY.
Mayor Suarez: Item 36 is my item. It is a proposal to change the system of
garbage and trash pickups, such teat large items cannot be disposed of and
picked up together with trash and instead, any resident has a right to two
appointments a year - did the ordinance reflect that Lucia, two appointments a
year? ... large items, such as a refrigerators, mattresses, ail sorts of this
sort picked up on a twice a year basis by the City, by appointment, and these
1 things not be allowed to be g put together with the organic materials - leaves,
? trees, cuttings, etc., on the curb, and also, there is a limitation on the
large items that the City will pick up and it is a limitation of 25 cubic
yards which apparently mirrors the County limitations.
i
Mr. Plummer: No, the County doesn't pick up at all! The County, you have to
I take your stuff to the dump.
Mayor Suarez: No, they will pick up twice a year, large items, Commissioner.
Mr. Plummer: Oh, they will?
Mr. Odio: At your request, and you get charged for it.
k
Mayor Suarez: By previous appointment. I just want to say something about
the 25 cubic yards. I find chat to be a huge amount and we might want to
consider, if we are otherwise disposed to pass this ordinance, making a
smaller limitation on chat for large items. 25 cubic yards is ...
Mrs. Dougherty: We will pick up larger items. It is just that we will charge
$9.00 ...
Mayor Suarez: I am sorry. We will charge $9.00 for this.
Mrs. Dougherty: ... for every pound over it.
Mayor Suarez:
25 cubic yards is a very large item.
Mrs. Kennedy:
How much does the County charge?
Mrs. Dougherty: $9.60.
Mayor Suarez:
For very large items.
Mrs. Dougherty: In excess of 25 ...
Mayor Suarez:
Right. Other items you get two twice a
year pickups
for free.
Mr. Plummer:
Ok, but wait a minute now, because that
is the point
I am going
t
to be coming
to, Mr. Mayor. I am all in favor of your ordinance,
but let's
remember that
in the County they pay a garbage fee ...
where is Mr.
Patterson?
Mr. Patterson ,
what is the garbage fee in the County?
r
rt
95
December
19, 1985
11
Mr. Clarence Patterson: $211.
Mr. Odio: $211.
Mr. Plummer: $211, as opposed to the City of $160.
Mr. Odio: Right.
Mr. Plummer: Ok, in the County, you put your garbage once ...
Mr. Pierce: $211. We also budget pickup out of our General Fund. The County
does not, it is totally fee supported.
Mr. Plummer: Yes, excuse me. The County charges $211 a year. We charge
$160, ok? In the County, you have to put your garbage out on the curb. In
the County, except for these two call ins chat I did not know of, you do not
do like you do in the City, that you have a once a week, or once every ten day
pickup. You have to take and put it in your car and drive it to a central
dump. Is that correct?
Mr. Pierce: Mini -dumps, neighborhood mini - dumps.
Mr. Plummer: Ok, it is not the idea, it is the convenience. Now, I am all in
s
favor of this, I think it is great, but where is the money coming trom?
+
Mr. Dawkins: Not only that, I have a problem with how will you enforce it?
t
Mr. Plummer: You are not. That is what my problem is and that is why I
understand Mr. Pierce has been sent down to do an evaluation of the entire
revamping.
Mr. Dawkins: Ok, You finish with this I was getting to that coo, but I was
111
coming to that after.
Mayor Suarez: On the second observation by Commissioner Dawkins, I know there
is always going to be a problem enforcing it. There is a problem enforcing
the Code as it now exists, but it is being enforced throughout the County and
every other municipality, because people are not allowed to put the junk out
there, so if they can do it, we certainly should be able to do as well.
Mr. Dawkins: Mr. Mayor, I move that this be deferred until you and I take
ride together in the County with a photographer, and I will show you that the
County is dirtier than the City.
Mayor Suarez: I don't know about that!
Mr. Dawkins: All right, let's go.
Mayor Suarez: Let me say on the other observation by Commissioner Plummer,
this is not supposed to cost anything additional. It is supposed to save us a
lot of money, and it really should save us a lot of money because there is no
r
reason ... if people abide by it, all these large items will not have to be
picked up along with the regular trash pickups, and it really should save us a
lot of money not to have to make this incredible effort to pick up just about
d
every item of junk ...
Mr. Plummer: If that is the case, then I think it is great, ok? ... but, I
second Commission Dawkins motion.
-
Mrs. Kennedy: Ok, I also have an observation, Mr. Mayor. Yesterday, one of
my predecessors, Alice Wainwright pointed out that "how large is large?"
Isn't that too vague, Mr. Manager?
vy
Mayor Suarez: No, it is defined in the Code - typically it is defined as in
excess of 50 pounds, at least for cuttings and so on.
f
Mr. Dawkins: The Mayor is on target in that during the campaign, we all got
more complaints about trash than we did about crime and garbage. Now, I have
already told the City Manager, and I am going to tell him in public - if
something isn't done in that Waste Department to get this City cleaned up,
then I am going to see if we can't make a motion to clean him up! Now, there
r fir`
are ... we have got ...
'�_
RT 96 December 19, 1985
Mayor Suarez: Who is "him" now?
Mr. Dawkins: "Him" is the Manager, ok? We have $6,000,000 worth of
uncollected waste bills over there in the Waste Collection Department. Now,
if we had that $6,000,000, the Mayor wouldn't be concerned about us cleaning
Up the City. It would get cleaned up! And also, we let the Administration
take secretaries and make inspectors out of them, and we still don't have no
violations corrected. All of these things
... Mr. Howard Gary sat here and
permitted, and T argued against, but I am
not going to sit here and argue
against them any longer. Mr. Manager, you
must, by will of the people, get
the streets of Miami clean! Now, to the City Attorney, Madam City Attorney, I
want you to draft for me a resolution that
will make it unlawful for people
who cut grass and trim yards to take one of
those blowers and blow the trash
in the street, or blow it on somebody else's
yard. They are going to have to
dispense with the blowers and get some rakes, rake the trash up, and bag it,
and take it with them.
Mayor Suarez: On this particular item,
I would accept from any of the
Commissioners a motion that we study the
proposal and get back to the
Commission, but not within 90 drys on this
one, please, on the large items.
Let's do it within ...
Mrs. Kennedy: 30 ...
Mayor Suarez: ... 30 days, if possible.
Mr. Carollo: See, the only question I have in this is ...
Mayor Suarez: And including the enforcement (I am sorry, Commissioner),
j including the enforcement aspects of it, which I think will mirror the
enforcement problems that we have throughout the County, and every other
municipality, which forbids the putting out of large items out there.
Mr. Plummer: I applaud you for trying to do something, but the truth of the
matter is, is how you don't have inspectors out after 5:00 o'clock at night,
and you have got some guy down the street who runs by and throws the bags out
into my front yard and your front yard. This inspector comes by with his
little ticket book the next morning and writes me a violation!
! Mayor Suarez: No, I send all of mine to your place. They throw it at your
i
place!
Mr. Plummer: Ok, then I am going to send him over to your house with the
ticket book! You know, they have got it to the point now where most of the
gardeners, (me included) we can't work at our house on weekends! We cannot,
3 because they pick up my trash on Friday and anything I cut down on the weekend
4 has got to fit in my garage.
Mr. Pierce: ... backyard.
Mr. Plummer:
What do you mean, backyard? I don't have any backyard, ok? And
you have just made it impossible. I will tell you how to correct it. You
!
take those 10, 12 little guys with the ticket books, and you put them in a
pickup truck
and you go out and pick up trash, that is what they ought to be
doing! Now,
you know, they are sitting around, riding around in those puppy
little cards
with their ticket book, and they are saying we are lord and
master! Well,
put their butts out there with a pickup truck and 12 trucks and
pick up a lot
of it, and we will get rid of this problem!
Mayor Suarez:
Let the record reflect that, Chat was a reference to the rear
end!
Mr. Dawkins:
I make a motion that we come back, all of us - look at this and
come back on
the 9th.
Mr. Carollo:
Not only that, Walter, but if you can look specifically to how
`
we are going
to administer this. For instance, if we decide that we are going
=r r
to let people have two freebies a year, or maybe one quarterly, that means
four a year,
where they can put a refrigerator or stove out, or they have to
call us, and
we will mark that down, and send somebody out. How can we make
�+hx
sure that we
are going to be able to handle that administratively? ... and we
_
RT
97 December 19, 1985
'I
5
i
are
not going to have just complete chaos
where then, once that person calls
us,
we give him the ok and somebody forgets to log it down, or we have no
concrete
system, and then those people
are ticketed, after they follow the
intent
of the new law?
j
Mrs.
Kennedy: Puppy little cars?
+
Mr.
Plummer: Yes, puppy little cars.
i
Mr.
Pierce: We will take care of those
with that, Mr. Commissioner!
Mr.
Plummer: I want the record to reflect,
this is nothing new. We did this
up
until eight years go, and the reason
we dropped it eight years ago because
it
was unenforceable!
F
Mr.
Carollo: That is what I. am afraid!
Then, what I am afraid is ...
Mr.
Dawkins: All the Mayor is doing is
what the people are telling us to do.
Mr.
Plummer: Fine! I have no problem.
Mayor
Suarez: We have to figure out a
way to enforce it, otherwise our City
is
always going to look the way it is.
Mr.
Carollo: Well, that is what we are
saying, Mr. Mayor.
Mayor Suarez: Yes, Bill, that means there will be more of your men out there
enforcing this ordinance some day, if we get it on the books, so [here is
j certainly no intent to reduce manpower, by any means, which I know is a
concern you usually bring to City Hall.
Mr. Bill Smith: I agree with you, Mr. Mayor, that sumeching needs to be done,
but you have some people that just refuse to listen, and at the present time,
when you are talking about large items - stoves, refrigerators, the County
_ dump on 20th Street won't take it. You can't take to 58th Street, Mr.
Plummer, so before you start talking about picking up these items - you pick
up an item on N.E. 79th Street, you got to run that to Homestead.
Mayor Suarez: Where do we take them now, when we pick them up every fifteen
days?
Mr. Smith: When you take them now, if you take large items now, they will not
take it at 20th Street dump. You have got to carry that to Homestead, and you
are talking about ...
Mayor Suarez: Right, but you do it every fifteen days. We are proposing to
do it twice a year.
Mr. Smith: What you are talking about, you gave fifteen, twenty trucks
running thirty miles!
T
Mr. Carollo: No, no.
r
Mr. Smith: I mean, where is the savings for $9.00?
Mr. Carollo: Yes, but you see, we are still going to be using the same thing,
because we are going to let people do it twice a year, but not everybody is
going to have the need at the same time.
Mr. Smith: That is it, so you are going to be doing it every day!
,.'
Mayor Suarez: Buc, it is by appointment, the way the County does it, so you
can plan it.
>..
Mr. Smith: See, you hung onto Dade County, and I guess where you live, you
_
don't live in Dade County. You know, when the County does things, you know,
they go find a site that is freshly built, [here are no trees, grass, there
are no shrubbery, and they tell you that is beautiful. I mean, come over
there where you got the absentee landlords. Come where you have got trash
piled high as the buildings where the grass is already growing through it and
you will see that the County is really not clean, but now, when you go down
south in the Kendall area where everything is nice and neat, sure, that is
-_
RT 98 December 19, 1985
where the cameras go, and that is where everybody else goes. Come where you
have all absentee landlords, and you will find that the County is not as clean
as you think it is, ok?
Mr. Carollo: You are right, Bill. You are absolutely right.
Mr. Smith: The City of Miami has a lot of absentee landlords, ok? ... and
this is going to create a serious problem on people that really can't do this,
and then you are going to have your trucks stretched out from here to
Homestead, because you don't even have your own dumping tacility, and if the
County refuses to take your trash, then you don't have but one place to do it,
is haul it where they send you, and if they send you to Florida City, that is
where you have to go.
Mayor Suarez: Well, the City is the only municipality in the area, including
the County, that instructs and tells people to put this junk out there and of
course, we should not be surprised if there is Tnore of it within the City
limits.
Mr. Smith: But, the County has its own dumps, Mr. Mayor, and the County
doesn't send its trucks to Homestead. The County sends the City of Miami
trucks to Homestead, not the County trucks.
Mayor Suarez: I understand, but if we limit the times that these items will
be picked up, I chink there will be savings, and I think people will
eventually start following this new ordinance. We do have to get people to
... you know, we have to figure out ways to enforce it. That may mean adding
+
manpower to your department, I don't know.
s
Mr. Smith: I am not arguing that. I am just trying to get you to see that
i
when you start calling in, if I put mine out on Tuesday and Tom puts his out
a
on Wednesday, and Harry puts it out on Thursday - it is not twice a year thing
like you are saying - to do it in June, and we do it in December.
Mayor Suarez: Well, we can't assume that the people in the City of Miami have
more junk to discard than the people in the County and other municipalities
that do it a different way, Bill. We ...
i
Mr. Smith: We did this before, and it is an every day situation.
!
+
Mayor Suarez: I dare say Miami had less of this junk nine years ago out
there, then.
Mr. Plummer: Can I offer you, Mr. Mayor, some considerations, since this item
is going to be deferred? The City of Miami Beach has a tremendous program,
ok? And what they do is on two days out of the year, you bring it to a
central location, and they transport it from that point, and I think that
might be feasible, that two given days d year, six months apart, could be
feasible. Ok, but I think what you are looking at is if people have the right
to call in whenever they want, that is when it is going to be so damn
s
expensive, you can't afford it.
Mayor Suarez: Actually, I see that makes a lot of sense, because I know in
Washington, D. C., it was done that way. It was central locations - fairly
decentralized. I mean, there were quite a few of them, and you goc a certain
number per year, but people had to bring the stuff, and had to lug it at least
a few blocks to...
Mr. Plummer: The City of Miami Beach has six locations in which they have
huge dumpsters and two days out of the year, you can bring anything there you
want, and they will discard it!
Mayor Suarez: I am sure it will be less expensive...
Mr. Plummer: Oh, for God sake's, yes.
Mayor Suarez: ...then what we have got now.
[ { Y
r T� Mr. Peter Joffre: Mr. Mayor, my name is Peter Joffre. One other problem that
you had too ...
RT 99 December 19, 1985
Mayor Suarez: Peter, why don't we ... I don't mean to interrupt you. We have
got a lot of other items and we are going to spend time on this for the next
thirty days, considering it; you will be able to tiave a lot of input to me,
the Commissioners, the City Manager, the Department, everyone, ok? Thank you,
sir.
Mr. Dawkins: You have a motion.
Mayor Suarez: It has been seconded. Any further discussion? Call the roll,
please.
Mr. Pierce: 11r. Mayor, may be clear on the date we are to come back - I have
heard January 9, I have heard thirty days ...
Mr. Dawkins: The 901.
Mr. Pierce: January 9? Thank you.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 85-1226
A MOTION DEFERRING FOR FURTHER INFORMATION,
CONSIDERATION OF PROPOSED FIRST READING ORDINANCE
PROHIBITING THE PLACEMENT OF DISCARDED LARGE ITEMS OF
HOUSEHOLD REFUSE IN PUBLIC RIGHT-OF-WAYS UNLESS PRIOR
ARRANGEMENTS HAVE BEEN MADE FOR ITS PICKUP; FURTHER
REQUESTING THE CITY MANAGER TO REVIEW THIS ISSUE AND
TO COME BACK AT THE MEETING OF JANUARY 9 WITH HIS
RECOMMENDATION FOR CONSIDERATION BY THE COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT
4:15 P.M. RECONVENING AT 4:26 P.M. WITH ALL MEMBERS
OF THE COMMISSION FOUND TO BE PRESENT.
39. REQUEST CONTRIBUTION FROM THE STATE TOWARD CONSTRUCTION OF THE MILDRED
CLAUDE PEPPER FOUNTAIN.
Mayor Suarez: We are on Item 38 then. It is a resolution requesting a State
appropriation of $1,500,000 as a contribution coward the construction of the
Mildred and Claude Pepper Fountain to be constructed in the City of Miami
Bayfront Park. Any discussion from the Commission?
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Call roll.
RT 100 December 19, 1985
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. R5-1227
A RESOLUTION REQUESTING A STATE APPROPRIATION OF $1.5
MILLION AS A CONTRIBUTION TOWARD THE CONSTRUCTION OF
THE MILDRED AND CLAUDE PEPPER FOUNTAIN TO BE
CONSTRUCTED IN THE CITY OF MIAMI BAYFRONT PARK;
FURTHER DIRECTING THE CITY CLERK TO SEND A COPY OF
THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF
FLORIDA, THE FLORIDA SECRETARY OF STATE AND THE DADE
COUNTY LEGISLATIVE DELEGATION.
(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. NOTE: Although absent at roll call, Commissioner
Carollo later asked of the
Clerk to be shown as voting with this motion.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: Love that State money! Yes.
Mrs. Kennedy: I don't say no ever to State money, either.
Mr. Dawkins: Yes, if I don't have to tear down the library.
40. EXECUTE AGREEMENT WITH DADE COUNTY AND BAYSIDE CENTER LTD. PARTNERSHIP
FOR CONSTRUCTION OF WATER AND SANITARY SEWAGE FACILITY (BAYSIDE SPECIALTY
CENTER AND PARKING GARAGE)
Mayor Suarez: Item 39.
Mr. Plummer: Move it.
Mayor Suarez: Second?
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Call the roll.
RT 101 December 19, 1985
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1228
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, SUBJECT TO THE APPROVAL OF THE CITY
ATTORNEY, FOR THE CONSTRUCTION OF WATER AND SANITARY
SEWAGE FACILITIES, AND FOR THE PROVISION OF WATER AND
SEWAGE DISPOSAL SERVICES FOR BAYSIDE SPECIALTY CENTER
AND PARKING GARAGE BETWEEN THE CITY, DADE COUNTY AND
BAYSIDE CENTER LIMITED PARTNERSHIP; FURTHER
AUTHORIZING THE CITY MANAGER. TO EXECUTE CERTAIN
DOCUMENTS REFERRED TO IN SAID AGREEMENT, ALL OF WHICH
ARE REQUIRED TO PROVIDE WATER AND SEWAGE DISPOSAL
SERVICES FOR THE BAYSIDE SPECIALTY CENTER AND PARKING
GARAGE.
(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. NOTE: Although absent on roll call,
Commissioner Carollo later asked of
the Clerk to be Shown as voting with
this motion.
ABSENT: None.
ON ROLL CALL:
Mr. Dawkins: Yes. Under discussion, this is one of those areas, Mr. Manager,
where I think we need to try to get the hauling concessions for the City of
Miami. We should not allow private ... we should try to keep the private
sector from going in there to haul away the garbage, and this would be a way
of bringing funds into the General Fund by us collecting the garbage instead
of a private concern, for the Bayside project.
41. EXECUTE MEMORANDUM OF INTENT WITH THE KNIGHT FOUNDATION CONFIRMING GRANT
TO THE CITY FOR CONSTRUCTION OF TOWER OF LIGHT AND LIGHTING SYSTEM AT
9
BAYFRONT PARK.
1 ja
M
Mr. Plummer: Move item 40.
t
j
Mr. John Gilchrist: Darrey Davis would like to s
y peak to that. Mr. Davis?
Mayor Suarez: We are accepting a rather large gift from the Knight Foundation
and we have here Darrey Davis, Counsel for the Foundation on this item.
Mr. Darrey Davis: That is correct, Mr. Mayor. Mayor and Commissioners, I am
.:;
here as Counsel for the Knight Foundation. Back in February, the City
k _
requested of the Foundation that they make a grant of $658,000, to fund the
construction cost of the Tower of Light and the laser lighting system. When
that request was made, there were a number of conferences with the Downtown
Development Authority and particularly, Mr. John Gilchrist and Kitty Roedel
provided information, and as a result of that the Knight Foundation has
F
�=
submitted a proposed memorandum of intent, which confirms the Foundation's
commitment to make this grant for that purpose. It does provide that the
a
actual payment of the grant would be made in such time as the City gives
reasonable assurance to the Foundation, that the City intends to move forward
and complete the Bayfront Park development as planned by the existing plans,
RT 102 December 19, 1985
i
and secondly, that the City give reasonable assurance that they have funding
for the Bayfront Park project. They have reserved the right to waive any of
the requirements for particular improvements except certain ones. It is also
contemplated that at the time and before the grant is actually made, that
there will be an agreement between the City and the Foundation covering the
f pertinent matters of the construction and the operation of the Tower of Light,
and I am here primarily to answer any questions that might arise in respect to
the proposed memorandum of intent.
Mr. Plummer: So what we are understanding is this is a grant of intent.
Mr. Davis: Yes, I suppose you could call that ...
Mayor Suarez: It is an actual grant, but subject to some conditions, I guess.
Mr. Davis: Yes, it is a commitment from the Foundation that they are
planning, and will make the grant, subject to the conditions that I have
outlined.
Mr. Plummer: Well, I assume that we are accepting this resolution of intent
because as he has fully stated on the record, that prior to the actual giving
of the money, there will be an agreement, so I really don't even ... I don't
know why it is here other than it ...
Mr. Gilchrist: Well, it does represent a commitment on their part for the
grant.
Mr. Plummer: Well, ok.
Mayor Suarez: To thank, to thank the foundation, I would think.
Mr. Plummer: Ok, that is fine. I moved it, Mr. Mayor.
NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 4:30 P.M.
Mayor Suarez: To thank the Foundation. Just out of curiosity, who are the
trustees that would have to waive such conditions, if it came to the point
that we couldn't meet one of them?
Mr. Davis: Well the two local ones that are handling this transaction on
behalf of the Foundation are Alvah Chapman and Mr. Lee Hills.
Mrs. Kennedy: Second.
Mayor Suarez: Motion has been made and seconded. Any further discussion from
the Commission? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1229
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF INTENT, IN SUBSTANTIALLY THE FORM
ATTACHED, BETWEEN THE CITY OF MIAMI AND THE KNIGHT
FOUNDATION, CONFIRMING THE KNIGHT FOUNDATION'S INTENT
TO GRANT TO THE CITY AN AMOUNT OF $658,171, FOR THE
CONSTRUCTION OF THE TOWER OF LIGHT AND LIGHTING SYSTEM
WITHIN BAYFRONT PARK IN ACCORDANCE WITH THE BAYFRONT
PARK REDEVELOPMENT PROJECT PLANS.
(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—
RT 103 December 19, 1985
M
g.
4
'}
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you, Mr. Davis, and emphatically thank the Foundation on
our behalf.
------------------------------------------------------------------------------
42. AUTHORIZE AGREEMENT WITH THE U.S. ARMY CORPS OF ENGINEERS CONVEYING A
PORTION OF BAYFRONT PARK FOR CONSTRUCTION OF A PROMENADE.
Mayor Suarez: Item 41.
Mr. Plummer: Move it.
Mayor Suarez: Do I hear a second?
Mrs. Kennedy: Yes, I just wanced to read it. I second.
i
Mayor Suarez: Any discussion? Call the roll.
i
r
I The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 85-1230
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AN AGREEMENT WITH THE UNITED STATES ARMY CORPS OF
ENGINEERS CONVEYING A 400 FOOT BY 60 FOOT PORTION OF
CITY -OWNED BAYFRONT PARK LYING BETWEEN BISCAYNE
BOULEVARD AND THE PROPOSED CLAUDE AND MILDRED PEPPER
FOUNTAIN, ADJACENT TO BISCAYNE BAY, TO THE UNITED
STATES ARMY CORPS OF ENGINEERS FOR THE CONSTRUCTION OF
A PROMENADE WITH SAID PROPERTY BEING LEASED BACK TO
THE CITY OF MIAMI AT NO COST UPON COMPLETION OF THE
PROJECT.
(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.
43. EXECUTE AGREEMENT WITH MR. AND MRS. LEE HILLS ACCEPTING THEIR CASH GRANT
TO CONSTRUCT SEVEN SCULPTURES IN BAYFRONT PARK.
Mayor Suarez: Item 42, I guess we have Mr. and Mrs. Hills?
Mr. Plummer: Are you going to hold for chac?
RT
104
December 19, 1985
Mr. Gilchrist: Lee is not here, so Tine suggested that
Mrs. Tina Hills: He is on another civic duty, Mr. Mayor. Mr. Mayor, Mr.
Commissioners, Madam Commissioner, for the last seven years I have served as
Chairperson of the Friends of the Bayfront Park Committee. In that capacity,
I have always had faith in the Bayfront Park Redevelopment Project. It gives
Miami an unprecedented opportunity to maximize the use of this beautiful
waterfront. Now, that the park is substantially under construction, my
husband and I are delighted to make a gift to the City of Miami for Bayfront
Park. Today, we are presented you with a personal check in the amount of
$110,000 to construct the seven glazed sculptures designed by the renowned
artist, Izamu Noguchi, for the park. It is important to note that this will
be the first time in Bayfront Park's 60 year history, that recreational
opportunities for children have been included within the 40 acre park. Why
these playground pieces are called sculptures, they are really strictly for
kids to use and enjoy. They will help children have fun and stay busy and
healthy. Mr. Noguchi had previously designed a children's playground in
Atlanta's Piedmont Park, which, if you had visited there, is hugely
successful. Our gift is subject only to the condition that the park be
rebuilt as planned within a reasonable time, We know that the play sculptures
in Miami will make Bayfront Park both more attractive and more active. We are
giving this gift to the children of Miami for their future happiness. We feel
very strongly that the entire park is a legacy to future generations of
Miamians. Lee and I are making this donation at this time to help sustain the
momentum on the project and to encourage others in the private sector to
donate such a worthy and significant civic undertaking in this great
international center that we call Miami. Bayfront Park can be a safe, it can
be an active center of community life. Thank you for giving us this great
opportunity, and to all of you, Merry Christmas.,
Mayor Suarez: I believe that response was in lieu of a motion and a second
1 and a vote, because I don't believe we have to, do we, John?
Mr. Gilchrist: I believe we do.
a
Mr. Plummer: We have to accept it.
Mayor Suarez: Do I hear a motion?
Mrs. Kennedy: I did.
i
1
Mrs. Dougherty: Mr. Mayor, before you vote on it, I would like to make
one
amendment to the resolution. As it is written presently, it says it is
from
the Lee and Tina Hills Fund. It is actually from them personally, so
the
record and the resolution will reflect that.
'
The following resolution was introduced by Commissioner Kennedy,
who
moved its adoption:
-
1
RESOLUTION NO. 85-12SI
i
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
1
AN AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED HERETO
BETWEEN THE CITY OF MIAMI AND MR. & MRS. LEE HILLS,
SETTING FORTH THE TERMS AND CONDITIONS FOR ACCEPTANCE
OF A GRANT IN THE AMOUNT OF $110,000 FROM LEE AND TINA
{
HILLS FOR THE SOLE PURPOSE OF CONSTRUCTING SEVEN PLAY
SCULPTURES IN BAYFRONT PARK IN ACCORDANCE WITH THE
BAYFRONT PARK REDEVELOPMENT PROJECT PLANS.
(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-
i;
�D s
j G
r
�,...
,
RT 105 December 19,
1985
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: Excuse me, Tina - I would like to personally thank you for the
time, effort, and the headaches that you have gone through to finally almost
come to the end of this dream that we had and is becoming a reality. What I
would like to ask you is to maybe, instead of resting a little bit now that it
is almost finished, if you could give us the final push to finish the park
that we need, and I hate to do this now, particularly after you and your
husband have been so kind to come with a contribution of this kind and you
certainly have placed your money up front; so has the Knight Foundation and
the Miami Herald and many other people that have contributed to this and have
come forward, but as I spoke to Roy Kenzie, I think that we can tear down the
library, make the fountain and accomplish just about everything else that we
need, but we still are going to be short approximately $1,000,000, - and what
I would like to see is if possibly you, as chairman of the committee that has
spearheaded this drive, maybe in together with Mayor Ferre, that has also
worked very closely with this project, and Mr. Noguchi - if maybe you can join
forces with many of the other leaders you have worked with and see if we can
have one last drive to see if we can reach that $1,000,000 mark that we are
short, and I will be more than happy to help in any way that I can and provide
my staff and other personnel to try to accomplish this. Maybe we could get
together some time after the holidays at your convenience. Thank you so much.
44. SUBSTITUTE NAME OF MARK VALENTINE, ESQ. IN PLACE OF GEORGE KNOX, ESQ., AS
SPECIAL COUNSEL TO THE CIVIL SERVICE BOARD.
Mayor Suarez: Item 43, that is a companion item to something that we voted on
already, I believe. Is that correct?
Mr. Dawkins: 23.
Mrs. Dougherty: Yes, Sir, Mr. Mayor, this is the substitution of Mark
Valentine ...
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1232
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION 85-1082
ADOPTED OCTOBER 24, 1985, WHICH AUTHORIZED EMPLOYMENT
OF SPECIAL COUNSEL TO EACH OF TWO CITY BOARDS BY
SUBSTITUTING THE NAME OF MARK A. VALENTINE, ESQ., IN
THE PLACE OF GEORGE F. KNOX, ESQ., AS SPECIAL COUNSEL
TO THE CIVIL SERVICE BOARD.
(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-
RT 106 December 19, 1985
S
h
1
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.
45. INSTRUCT CITY ATTORNEY TO INFORM COUNSEL FOR THE MIAMI HERALD PUBLISHING
COMPANY THAT THIS CITY COMMISSION WILL ONLY ABIDE BY LEGAL STATUTORY
REQUIREMENTS CONCERNING PRODUCTION OF PUBLIC RECORDS.
Mayor Suarez: Agenda item 44 - it is a little bit more complex. It has to do
with settlement of the lawsuit filed in U. S. District Court for Judge King by
the Miami Herald Publishing Company against Mayor Maurice Ferre, and having
to do with public records. Is that correct?
Mrs. Dougherty: Yes, sir, Mr. Mayor. This is my item. Essentially, we are
asking that the Commission settle the lawsuit. As you know, the Miami Herald
sued both Mayor Ferre individually and the City of Miami over some notes that
he took in connection with some meetings he had with various civic leaders
about the Howard Gary firing. In connection with that, it was the Miami
Herald's point of view and contention in the lawsuit that these were in fact
public records. It was the City's contention that they were not public
records, but merely notes. It is our recommendation that you settle the
lawsuit, and the Mayor and my office entered into a stipulation sometime in
j September, subject to your approval, of the following: presently the law
provides that if you have a public record, you must, within a reasonable time,
give it up, whether or not the request is made in writing, or orally. The law
also says that if you have a document that you do not believe is a public
record, but a request is made in writing, you must retain thac document and
not destroy it for 30 days. This stipulation would make a further requirement
upon you, not to destroy a record for two days, if you don't believe it is a
public record, and an oral request is made.
Mr. Plummer: That is not the law.
Mrs. Dougherty: That is not the law. That is an additional burden upon you,
the public officials and the City. The other part of this negotiated
settlement is both parties to go to the Court and ask for attorney's fees
based on having won the lawsuit. That is essentially ...
Mayor Suarez: There is no agreement that both parties will bear their own
actorney's fees; rather, there is an agreement to let the Court decide if
anyone is entitled to attorney's fees.
Mrs. Dougherty: That is correct.
Mr. Plummer: Well, I think there is something more here - a little bit more
than just the attorney fees.
Mayor Suarez: Well, I have problems with Cho oral aspect of this too,
Commissioner.
Mr.
Plummer: T question who is going to make the laws of this land? Now, I
don't
pick on the Miami Herald, as normal, and I am not going to pick on them
now,
but who are they to dictate to me as a Commissioner, who abides by all of
the
legal laws of this country, that I've got to have some other imposition
that
they want. I don't think that is fair. Now, I am just saying, those two
laws
which she read are the laws of the land. I fully comply with them and
jr
have
for 16 years, and will as I long as I sit on this Commission, but who has
the
right to make those laws? ... the legislature, the County and the City. I
don't
think it is fair to ask of me, and an individual who has lived by the
law,
to impose upon myself another law at the request of any one other than
the
legislature, or the County, or this City. I just think that it is very,
very
unfair chat someone could even request of this Commission that they want
is
�"
RT
107 December 19, 1985
j
laws for their own sake. The policy in my office, and l am sure you can ask
the Herald reporter - they have a right to go in my office at any time, and go
through any papers that are on my desk. I have nothing to hide, but I just
don't think that I, as a Commissioner in this City, must bow to the request of
laws put forth by other than the elected officials of this land! And as such,
I would have to vote against this motion. If this law was instigated by the
State Legislature in their wisdom, so be it! I would be the first to abide by
it. I just don't think it is fair that someone out of that legislative
ability can impose upon this Commission that which will be binding. Amen!
Mayor Suarez: That is the point that I wanted to ask her. A question to the
City Attorney - to what extent is this going to be binding? To what extent is
it res judicata, as to the City and the Miami Herald and the rest of the world
and what precedential value does it have?
Mrs. Dougherty: It is not binding on anybody but you - the public officials
and the City officials. I might point out to you that the reason for this
recommendation is, even if the City wins, we lose in terms of the amount of
money that we would be spending in terms of litigation and the attorney's
fees, both for Mayor Ferre, individually, and this office; and that is the
reason for the recommendation. You may want to consider, in light of what
your comments are, Commissioner Plummer, a time limit.
Mayor Suarez: Is the City a defendant in the case tOo?
Mrs. Dougherty: Yes, sir.
Mr. Plummer: Well, it was only by the action, Mr. Mayor. This was in
reference to where chore was some shredding of some documents done in
reference to Howard Gary. Now, you know, I think there is principle involved,
ok? ... and, I chink principle has got to be established, because let's
understand that if they had that right to comp forth and ask that of this
Commission, then others have the same right and the next thing that you are
going to know, that we are going to have one book of a Charter and a Code, and
those which are the law; and we are going to have a second book, that which is
outside of those that you agreed to. I think there is a principle involved
and I think that principle, if it costs us dollars, has to be established; and
I think that is very clear in my mind, and in my mind is, I will abide by any
j law that is formulated by a constituted body of elected officials.
Mayor Suarez: It seems that we are being asked to accept a settlement of a
matter that arose when one of the former members of this Commission,
presumably disobeyed the law as viewed by the plaintiff.
Mr. Plummer: Alleged!
Mayor Suarez: As alleged by the plaintiff ... and we don't intend to disobey
the law, none of us that are here on this Commission - the newly constituted
Commission, so why should we accept a settlement that changes the literal
meaning of the law to give precedential value to a lawsuit that is really sort
of a moot question. Is there any other way to dispose of it? Can we just
refuse to defend the former Mayor, and simply defend the City? ... and say wu
stick to the literal meaning of the law? You know, I don't know what
consequence it has as to that particular set of facts. Luc the judges decide
what consequence it has to that particular sec of facts, and let the former
Mayor defend himself!
Mrs. Dougherty:
Well, I first of all, wouldn't ...
Mr. Plummer:
Excuse me. I've got to take disagreement with
that. Mr.
Suarez, if you
were outside of this City, and this City agreed to
defend you,
sir, I would live up to that, when you make an obligation.
We made an
obligation, ok?
... and if it were you or any other member of this
Commission,
3
I think we had
to defend that. As to paying the fees, we agreed
to it, and I
'
think we had to
defend that, at chat right.
;.
Mrs. Dougherty:
Mr. Mayor, the only thing that I want to point to
you is that
Mayor Suarez:
I mean, if he wants to agree to chis settlement himself, there
x
is no problem wick
that and we pay the fees right up to that,
RT
108 December 19, 1985
i
Mr. Plummer: That is fine.
Mr. Carollo: See, but he is not a member of this Commission any longer, so it
don't matter if he wants to agree to that portion of it.
Mayor Suarez: Sure.
Mrs. Dougherty: The only thing I want to point out to you - the only
obligation upon you is, if somebody doesn't write on a note piece of paper
like this ... Let me have document 'X', and says, "May I have document
in oral form instead of writing, and it is not a public record, you will not
destroy it for two days. If it is a public record, you don't have a right not
to give it to them, even if it is orally.
Mr. Plummer: It is the principle!
Mrs. Dougherty: I understand.
Mr. Carollo: Lucia, but why should we be making special laws for any new
media? It is not right! We don't demand of the Herald to things specially
for us, or of any other news media. Why should they be demanding this of us?
You know, we should have a law for everybody, not a special law for the
Herald, for this media, that media, and then a law for the rest of the people.
It is not right! Everyone should be equal according to the law, no matter how
poor and weak you are, no matter how rich and powerful!
Mrs. Dougherty: I understand your point. The only thing I am pointing out to
you it is going to be very, very costly for us to continue in this litigation.
Mr. Carollo: Well, you know, there are some times in life that you have to
pay certain prices, and I think this is one of chose times chat this
a Commission is going to have to be prepared to pay whatever price we have to,
3 because if we don't, I think that the persons that are going to be dictating
the law and the policies of this Commission are not going co be the voters!
It might be any private entity that is powerful enough to demand certain
things, otherwise, it is going to be costly for us. Now, I think, if you
could meet back with their attorneys and they could meet with their clients,
we could probably reach a sensible conclusion to this, where this can be
stopped without having to go to an extreme like that!
Mayor Suarez: It is almost the implication that the new Commission feels that
is has somehow transgressed the law by agreeing to this, plus, there is the
question of the oral request, because really, I mean, what constitutes a
formal, oral request, as opposed to a newspaper reporter just asking casually
to look at something. I mean, there is no area of the law, I don't think,
that you have to give a two day cooling off period, based on a verbal request
that I know, and as such, and if it exists, it would probably be applicable to
some administrative person that is constantly doing this over and over again,
and not to a political officer or public official who is really supposedly
here on a part time basis! I mean, you could get a phone call or something
from a reporter and that would probably satisfy that wording, and that is
scary.
Mr. Plummer: That is exactly the case on point right now.
Mayor Suarez: Yes. I mean, you don't even know if the person from the Miami
Herald, or whatever newspaper is the one thac called you, and you are asked co
hold off for two days. I'd have a lot less problems if it were just in
writing - if the request was in writing at least, to your office or something.
1
a' Mr. Plummer: That is the law now.
�a
t Mrs. Dougherty: The law now is that if it is in writing, you have co retain
r,. the documents for thirty days.
Mr. Plummer: That is the law, and I have no problem with that.
Mayor Suarez: And I have no problem if we even went on record as saying that
in some way or another, maybe there was a transgression or something. I don't
' f* know if there was one, but to change the ... I've got a lot of problems, the
same problems that have been expressed by the rest of the Commission.
r,
RT
109 December 19, 1985
Mrs. Kennedy: Mrs. Dougherty, what were you going to suggest about a time
limit?
Mrs. Dougherty: The only thing I was going to suggest is that maybe there is
no time limit in this stipulation. It may be more palatable, or you may want
to consider just putting a time limit in it so that we can dispose of the
litigation and not have to pay this tremendous amount of money.
Mr. Dawkins: Mr. Mayor, I make a motion that this Commission instruct the
City Attorney to go back and let the other party know how the present
Commissioners feel, and that we promise them not to disobey, or violate the
7 law, and ask what other considerations can be given so that we can solve this
and get it over with.
Mayor Suarez: So moved. Do I hear a second?
Mr. Plummer: Yes, as I understand the motion is that we are going to live by
the law, which we are doing now, and to go back and see if there is some other
way that this thing can be settled where it is not going to be expensive to
both sides. I agree with that, sure. The lines of communication should
always be open.
Mayor Suarez: That is exactly the way I understand the import of the motion.
Mr. Plummer: Sure, I second the motion.
Mayor Suarez: Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
1
MOTION NO. 85-12J3
A MOTION INSTRUCTING THE CITY ATTORNEY TO INFORM
COUNSEL FOR OPPOSING PARTY IN CASE NO. 84-2918-CIV-
KING (Miami Herald Publishing Company et.al.vs. City
of Miami et —al.) OF THE CITY OF MIAMI C0MMISSION
SENTIMENTS IN NOT ACCEPTING A MORE STRINGENT
OBLIGATION THAN THE LEGAL STATUTORY REQUIREMENTS
CONCERNING PRODUCTION OF PUBLIC RECORDS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
3 ON ROLL CALL:
Mr. Plummer: Approximately how much advertising does the Herald get a year?
Yes, I vote yes.
{
46. ALLOCATE $300,000 TO THE LITTLE HAVANA ACTIVITY AND NUTRITION CENTER OF
DADE COUNTY, INC. TO ACQUIRE A BUILDING.
-
3T
Mayor Suarez: Item 45. I know people have been waiting have been waiting on
this item for a goodly part of the day. Commissioner?
Mr. Plummer: Mr. Mayor, there is no provision at this present time - as you
?. know, this is from capital improvements. It is proposed that they will get a
matching grant from the state. I would want two provisions put into this
RT 110 December 19, 1985
a
i
allocation. One, that the matching grant has to be in the same amount as what
we are giving.
Mayor Suarez: I am sorry - did you say capital improvements? You meant
Community Developments.
Mr. Plummer: Well, capital improvements of Community Development, ok? But,
it would have to be a matching grant, and I am not going to stipulate from
where, but a matching grant; and second of all, that any time that this
property is ever sold, that the City would recover its money first.
Mr. Carollo: It is money plus reasonable interest.
Mr. Plummer: Joe, it is a private organization. They do a good job. I am
not going to try to
Mr. Carollo: What I am saying, if the property is ever sold ...
Mayor Suarez: We will get a proportionate share of the value of the property,
proportionate to ...
Mr. Carollo: Yes, if they makes some profits.
Mr. Plummer: No, no, that is not what I said. Please listen to me. What I
said was, that the City get's its money back first. If the property
eventually - I don't know of property going down, nowhere. If the property is
sold for $400,000, we get our $300,000 back first, ok?
Mr. Carollo: Right, but what I am saying is, J. L., is if we gave them
j
$300,000 today, two years from now they sell it, and they make a $200,000
profit, I want to make sure that we are paid whatever the going interest rates
was at the time.
y
Mr. Plummer: Interest, or 50 percent?
?
Mayor Suarez: Proportionate share of the valuation of the property during the
time of question.
i
Mr. Plummer: No less than what the City has involved.
Mr. Carollo: I would be satisfied with 15 percent interest, or proportionate
y
S
share.
s
Mr. Plummer: 50 percent interest!
Mr. Carollo: 15 percent.
Mrs. Kennedy: Proportionate. Proportionate share, yeah.
Mayor Suarez: Well, it would be a proportionate share of the valuation of the
property. We have retained an interest in the property to that extent in case
it is sold for what amount of time are we doing this? Are we deeding it away
altogether? We are just contributing.
r
Mrs. Kennedy: They want to make a presentation first.
Mr. Plummer: I will move it.
Mrs. Kennedy: Wait, wait, wait. We are going to hear Willy's presentation.
Mr. Plummer: No, no, Willy is smart. Willy knows when he is ahead.
Mayor Suarez: We don't need to. Willy is smart.
Mr. Dawkins: Willy has been coming here a long time.
.t...
AV
-
Mr. Plummer: Willy knows that the more he talks ...
Mayor Suarez: You see him walking away!
Mr. Plummer: Moved by Commissioner Kennedy, I am sorry!
RT ill December 19, 1985
a
Mrs. Kennedy: Before I move, Madam City Attorney, I have been serving as the
Chairman of the Board of the Little Havana Activity Center for the past three
years, approximately. Do I have a conflict? I don't receive any compensation
for it.
Mr. Carollo: I think she does, all of the headaches she's had for all of her
free time she has given.
Mrs. Dougherty: No, you don't have a conflict.
Mrs. Kennedy: But, I do want to say that I started working on this project
while I was elected chairperson a few years bdek, and I saw the needs that the
elderly had, not only of having the meeting place to have their meals
together, but also to talk and to see one another for many, it was the only
time of the day they convened. So, I therefore move this project, with the
provisions that the Little Havana Community Center obtain matching funds, and
that if the building is sold, then the City recovers its money first.
Mr. Carollo: First, with 15 percent interest.
Mayor Suarez: Or with a proportionate share of the valuation - of the
valuation of the property during that time.
Mrs. Kennedy: Well, or the proportionate share of the valuation.
Mr. Carollo: Yeah. It's fine. Either one is fine.
Mrs. Kennedy: Seconded by Mr. Plummer.
Mayor Suarez: Any further discussion? Call the roil.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 85-1234
A RESOLUTION ALLOCATING $300,000 OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO THE LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC.,
FOR THE PURPOSE OF ACQUIRING A BUILDING LOCATED AT 700
S.W. EIGHT STREET, SAID ALLOCATION CONDITIONED ON SAID
AGENCY SECURING A GRANT IN AN EQUAL AMOUNT FROM THE
STATE OF FLORIDA; FURTHER CONDITIONING SAID ALLOCATION
ON SAID AGENCY DEMONSTRATING THE ABILITY TO CONTINUE
a OPERATING ITS PROGRAM WITH CURRENT RESOURCES; FURT:.ER
'a AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGRLEMENT WITH THE AFOREMENTIONED AGENCY IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon
being seconded by Commissioner Plummer, the resolution was passed
and adopted
by the following vote-
.'
AYES:
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
TP .r.
NOES:
None.
ABSENT:
None.
t,te
47. EXECUTE AGREEMENT WITH RODRIGUEZ, KHULY, QUIROGA ARCHITECTS (DESIGN
DEVELOPMENT
PLAN - DESIGN CRITERIA MANUAL FOR S.W. LOTH STREET BETWEEN
-
S.W. 1
AVENUE AND BRICKELL AVENUE)
y
RT 112 December 19, 1985
1
i
Mayor Suarez: Item 47, Department of Planning.
Mr. Sergio Rodriguez: Mr. Chairman, members of the Commission, this is
basically the item that approved by resolution September 26th ...
Mr. Plummer: Move it.
Mr. Rodriguez: Thank you.
Mr. Dawkins: Second.
Mayor Suarez: Under discussion, why we need a study of that four or five
block areas, whatever it is?
Mr. Rodriguez: For a long time we have been trying to work on chdt area to
try to make sure that when we work with the transit station in that area, all
the new development that comes to the area will be in conformance to what we
are trying to create, which is like the major center part of the Brickell area
and it will be an increase of pedestrian activities. We are afraid that it
will be development in the future that will not conform to those guidelines
and that we will eventually take advdntage of the possibility of really
creating that portion over there with pedestrian , with pedestrian
activities, with hotel activities, with the use of the Metro mover and so on.
So, we worked on this project for a while. There have been efforts by
different developers to go on their own without taking into account the
criteria.
Mayor Suarez: Will we be looking to making some sort of a zoning change?
Mr. Rodriguez: There has been a zoning change already in the area. We will
be looking into the design guidelines that would ...
Mayor Suarez: How do we enforce design guidelines, if I may ask?
t Mr. Rodriguez: The could be made g y part of the Code, like we have done
i already, in other portions of the Code.
Mayor Suarez: By the zoning code?
Mr. Rodriguez: Right. There will be also a recommendation for a management
for the mall. It will be a pedestrian mall, and ...
s
Mayor Suarez: It will be a pedestrian mall?
j
Mr. Rodriguez: It will be a pedestrian mall, yes.
Mr. Plummer: As will be in the next item.
Mayor Suarez: Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
R
moved its adoption:
3
4
RESOLUTION NO. 85-1235
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE
s
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND RODRIGUEZ
KHULY QUIROGA ARCHITECTS, TO PROVIDE PROFESSIONAL
4. Y
SERVICES RELATED TO THE DESIGN DEVELOPMENT PLAN AND
DESIGN CRITERIA MANUAL FOR SW IOTH STREET, FROM SW IST
AVENUE TO BRICKELL AVENUE.
Yr
(Here follows body of resolution, omitted here and on
r
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote-
RT 113 December 19, 1985
A I
AYES:
NOES:
ABSENT:
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
None.
None.
Mayor Suarez: I frankly had not had enough time to study it. I might have
questioned you further, and the architects whom I see back there to make sure
that this is something that we absolutely truly need and cannot be done in-
house.
48. ADOPT IN PRINCIPLE THE N.W. NORTH RIVER DRIVE CONCEPT.
Air. Plummer: Move item 48.
Mrs. Kennedy: Second.
Mayor Suarez: This one is adopting a concept only, right?
Mr. Rodriguez: Right.
Mayor Suarez: I can always vote for that - no financial ramifications
whatsoever.
Mr. Plummer: I move 48.
Mrs. Kennedy: And I second it.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1236
A RESOLUTION ADOPTING IN PRINCIPLE THE N.W. NORTH
RIVER DRIVE DESIGN CONCEPT; ESTABLISHING DESIGN
GUIDELINES FOR THE CONSTRUCTION OF NW NORTH RIVER
DRIVE AND THE LUMMUS PARK/PIONEER CLUB WATERFRONT
PROPERTIES, AND SETTING FORTH A GENERAL DEVELOPMENT
AND IMPLEMENTATION PROGRAM FOR THE MARINE ORIENTED
ENHANCEMENT OF PUBLICLY OWNED PROPERTIES ALONG THE
MIAMI RIVER FROM SW 2ND AVENUE TO NW 5TH STREET.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Rodriguez: If I may, in reference to 48, there have been Mr. Bob Parks
and Mrs. Sandra Howard; they have been here all day, just to say a few words
to this item.
RT 114 December 19, 1985
Mr. Plummer: We won't change them extra.
Mr. Parks: I also know when I am ahead! Thank you very much.
49. AUTHORIZE AGREEMENT WITH SOUTH FLORIDA REGIONAL PLANNING COUNCIL
REGARDING DEVELOPMENT OF REGIONAL IMPACT APPLICATION FOR DOWNTOWN AREA.
Mayor Suarez: Item 49.
Mr. Rodriguez: Item 49 is a very complex item on which we have been working
for a long time. Basically, we have a D.R.I,_ Development of Regional Impact
Application, that was initiated to fulfill a contract that we have with the
Department of Community Affairs in relation to the Bayside Project. We have
an obligation to finish this project by June 28, 1986. The D.R.I. will have
benefits to the City of Miami in two senses. One, that we will know exactly
what public facilities will be required in relation Lo each one of the
projects, and second, that we will be able to go for all the major projects
downtown without needing to go before the regional Planning Council on a one
to one basis, and the City will control the development of those projects as
they come before the City. We have been working with the Regional Planning
Council for about six or seven months, trying to negotiate this agreement. We
feel the agreement is very important that we have, because there have been
certain changes in the staffing of the Regional Planning Council that has
somewhat predictability as to what will happen in the future. A case in
point, after we have been agreeing and we felt that we have only two points
of disagreement with them, as of yesterday, last night we received major
changes on the proposal to the agreement that we have, which we are going to
have to discuss with the Regional Planning Council again. The Regional
Planning Council is going to hear this pre -agreement on January 6th. We feel
that we will be in a position of strength, if you have support of the
agreement and that way we can proceed with the study, knowing exactly where we
stand with them.
Mayor Suarez: This is like a pre-D.R.I., what we are doing here.
f Mr. Rodriguez: Basically, establishing the rules of the game so we don't have
any change in the rules after we start.
Mayor Suarez: This will help the developers who later come for their D.R.I.'s
within our umbrella D.R.I.'s.
Mr. Rodriguez: Right, within the Downtown Development Authority District, as
- established before.
Mayor Suarez: And we are spending substantial resources of our Planning
Department to do all of this, or ...?
Mr. Rodriguez: Well, you nave approved, or the Commission has approved some
resources to do which will be before you on the next meeting of the
Commission, and those resources will be reimbursed back to the city, in the
way of fees.
Mr. Plummer: Well, let me ask you this question - you know, this Commission
charged me with the responsibility which we are pursuing, as far as
trying to
keep D.D.A., and Off -Street Parking Authority together, and we are meeting
just after the first of the year again. Is there any possibility, that
there
is some of this work here that could be done by the D.D.A., and the
.fee paid
to them?
k
Mr. Rodriguez: The application is made by D.D.A. They are the only
ones that
can apply. We are doing the work, based on your motion ... we are
doing the
k.
work. We have hired the consultant, and the D.D.A. staff and the
Planning
r
staff and the consultant working together will prepare the applications.
i
Mr. Plummer: What I am really asking, I guess, Sergio, is there a
way that
z'= -
we can give D.D.A. a piece of the action to give them more funds
for their
coming year? Is that possible?
RT 115 December 19, 1985
Mr. Rodriguez: Right. I have been told that the funding has been assigned by
you already to a technical consultant that we don't have the staff to do,
because we don't have those resources.
Mr. Plummer: You are not listening to me.
Mr. Rodriguez: I am trying to understand.
Mr. Plummer: 0k, Sergio, I am trying to save D.P.A., all right?
Mr. Rodriguez: Right.
Nr. Dawkins: Why?
Mr. Plummer: All right? I am saying ... because you guys put me to the task
of spending all these hours trying to keep it together.
Mayor Suarez: I wasn't here.
Mr. Dawkins: No, I didn't. I have been telling you to dissolve D.D.A. ever
since I have been here, so I really don't know why you say that.
Mr. Plummer: Well, if this Commission makes a motion, I will be glad not to
meet you now, I mean, I don't have a problem! ... one less meeting, Now,... It
is my pleasure, but let me get back to other point.
Air. Rodriguez: If I may, to answer your question.
Mr. Plummer: Yes.
Mr. Rodriguez: It you were to allocate the money to D.D.A., will not solve
your problem, because we have to get the consultants outside anyhow.
Mr. Plummer: I tried, ok? I quit.
Mayor Suarez: Now, you will be asking us then, for monies for consultants at
a later point, but not in this particular item?
Mr. Rodriguez: In the meeting in January you will be asked to confirm the
contract that you approved before the selection of the consultants and the
contract that we are negotiating now to do that part of the study.
Air. Plummer: How much?
Mr. Rodriguez: We have not finished g yet the negotiations.
Mr. Plummer: Approximately.
Mr. Rodriguez: $200,000 to $250,000.
Air. Plummer: Where is the money coming from?
Mr. Rodriguez: It is allocated from Special Programs and Accounts, I think.
That will be on the agenda in January.
{
Mr. Plummer: I ought to make you City Manager. Special Programs and Accounts
` somewhere ...
4_:. ' Mr. Rodriguez: It is not in today's agenda. If you want, I can give you the
answer in five minutes if you will give me a chance. The issue, though, is
' that ...
Mr. Plummer: No, but you had better be prepared to it in January when you
4_ come asking for it.
�Mr. Rodriguez: I will.
3r Mrs. Kennedy: You will have the report, right?
ems+ RT 116 December 19, 1985
Mr. Rodriguez: Definitely. I will give information on that issue when we
come before you, in relation to the consultant, and I will be willing to meet
i with you before that, if you want to, to brief you so you know exactly what we
have in mind, even when you have approved it already in principal, if I may!
But, again, I want to enforce something though - all of those things that we
are talking about, are gonna be recovered completely by the City in the way of
fees that we are ...
Mayor Suarez: If there is development, if there are additional D.R.I.'s, if
someone is able to contribute it back to us, not if the whole downtown stays
the same way it is, which we don't know - that might or might not happen.
Mr. Rodriguez: That is possible. That is not probable.
Mayor Suarez: No problem. Such a careful man!
Mr. Rodriguez: Sir, I am trying to give you a good answer.
Mayor Suarez: Thank you, sir.
Mr. Rodriguez: Thank you.
Mayor Suarez: Do we need to take a vote on this? Mr. City Manager, do we
need to vote on this?
Mr Odio: Sure. Ok.
Mr. Plummer: I will move it. We have no choice.
Mrs. Kennedy: Sergio, but 1 would like to ask if you could meet with me
before. All this is very new to me - before the January meeting.
Mr. Plummer: Oh, my God! You will never get him out of your office! Oh, he
is such a pest! (LAUGHTER!)
Mr. Rodriguez: I heard that before already this morning!
Mr. Dawkins: Commissioner Kennedy seconded?
Mr. Plummer: I made the motion.
Mayor Suarez: Commissioner Kennedy seconded?
Mrs. Kennedy: Yes.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1237
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH
THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL DEFINING
THE APPROACH AND PROCEDURES FOR UNDERTAKING A
DEVELOPMENT OF REGIONAL IMPACT APPLICATION FOR
DEVELOPMENT APPROVAL FOR THE DOWNTOWN AREA, PURSUANT
TO CHAPTER 380.06(22) F.S.
(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-
RT 117 December 19, 1985
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.
50. DIRECT MANAGER TO STUDY ISSUE OF IMPACT FEES.
Mr. Plummer: Sergio, while you are here, let me interject one thing. It is
very obvious that this City can no longer play around and talk further. We
are at a point today - impact fees! When are we going to have it? We are
dying!
Mr. Rodriguez: We have been working on this for a while.
Mr. Plummer: You have been working on it ever since you have been here and
your predecessor and his predecessor, and we are stamping every application
subject to impact fees. Now when are we going to approve it?
Mr. Rodriguez: At this point, the reason we don't nave it is because we
don't have the information to do it. It has to be collected, and we haven't
received it. My part of the job is done, and if I get information ...
i
Mr. Plummer: Then who has dropped the ball?
Mr. Rodriguez: The City Manager responsibility.
l
Mr. Plummer: Who?
i
Mr. Rodriguez: The Manager. Let me respond to that.
Mr. Plummer: A 23 hour Manager! Look, it has got to be done! The developers
have got to recognize that they have got to pay impact fees. It will not be
to the single family home dweller, but it will be to the developers. This
r
City can no longer go without impact fees. Now, Mr. Manager ...
Mr. Odio: Yes, sir.
F
Mr. Plummer: Bad Sergio says chat you are the bad guy!
Mr. Odio: I have to come back for about a month.
Mr. Plummer: Well, I am telling you - I can't speak for the rest of this
Commission, but I am going to tell you that on the 23rd day of January, when
j
we next have our zoning meeting, if there isn't something before this
Commission, if not fully approved impact fees, buddy, we are in trouble! We
ycannot
continue ... these developers who are making all of this money,
rightfully so and profit is not a dirty word, have got to share their burden!
They are creating the impact. They have got to help address the impact.
1
Mr. Odio: Mr. Commissioner, could you give me ... I don't want to tell you
�F;..
now ...
-"
Mr. Plummer: January 23rd.
,>
Mr. Odio: They are telling me they cannot have it ready. I don't want to tell
f'
you we can.
Mr. Plummer: Cesar, they have been telling me that for two years!
.,
Mr. Odio: But, I haven't been here two years in this thing.
RT 118 December 19, 1985
i
Mr. Plummer: You are not going to be here two years if you keep it up?
Mr. Odio: Commissioner, please give me until the second meeting of February.
Mr. Plummer: Sir, you have until January 23rd to put something in front of
this Commission. If it is nothing ...
Mr. Dawkins: They have got the whole Christmds holidays to work and do it.
Mayor Suarez: Wait, wait. We haven't made that in any kind of a formal
motion. There are holidays coming up and so on. Let's be as reasonable as we
can. We have a new City Manager and a ...
Mr. Plummer: I am not saying that he has got to have a final form, okay?
But, I am saying that I want something that this Commission can work on the
23rd and send it to you for final Corm for adoption in February.
Mr. Rodriguez: You definitely will have something on the 23rd.
Mayor Suarez: Yes, we would like to see some progress by the 23rd.
Mr. Plummer: I so move.
Mr. Kennedy: You've been working on it for the past two years?
Mr. Plummer: I so move, Mr. Mayor, that the Manager be mandated to have
something in preliminary draft on this agenda of January 23rd, so that we can
go to final draft on February 27th.
Mr. Odio: You will have a very preliminary draft, sir.
Mr. Plummer: I so move.
Mrs. Kennedy: Second.
Mayor Suarez: Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
j MOTION NO. 85-1238
A MOTION DIRECTING THE CITY MANAGER TO HAVE A
RECOMMENDATION ON THE ISSUE OF IMPACT FEES ON
PRELIMINARY DRAFT FORM FOR DISCUSSION BY THE CITY
COMMISSION AT THEIR MEETING OF JANUARY 23RD SO THAT
THE ISSUE MAY BE PROPERLY DISCUSSED AND READY FOR
FINAL DRAFT BY THE FEBRUARY 27TH MEETING.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: That is not a conflict of interest when 48 developers jump out
Of the top of proposed buildings. I vote yes.
RT 119 December 19, 1985
51. CO -DESIGNATE NO. 62 STREET BETWEEN 1-95 AND BISCAYNE BAY AS "DR. MARTIN
LUTHER KING BLVD."
Mayor Suarez: Item 50 - Department of Public t•;orks.
Mr. Plummer: I second it.
Mr. Dawkins: Before we second it, the students at Edison asked that that
portion of the street be dedicated as read, "Raider's Road". Now what
happened to that request?
Mr. Walter Pierce: Mr. Dawkins, we looked at that previously. That part ...
as you know, Martin Luther King stops at the west side of I-95. We knew the
request was going to one day come in for M.L.K. w be extended ali the way to
Biscayne. Red Raider Boulevard would have made a triple designation on a
single street, which we think is a very confusing situation. Co -designation
is already stretching the point in terms of response and keeping clear signals
to people trying to find their way about the City. As an alternative, I would
like to suggest the students at Edison that they consider that part of 5th
Avenue that runs north -south in front of the school.
Mr. Dawkins: Okay, whatever you are going to suggest to them is fine, but I'd
like for the Manager to send a letter to the principal of the school
explaining what you said that the co -designation is fine, but we wouldn't
have enough space on a sign to put three, so therefore we are going with two,
okay?
Mr. Pierce: Right. We will do that.
Mr. Dawkins: Okay, thank you.
I
i Mr. Pierce: Okay, before there is action on item 50, I'd like to put into a
record a clarification. The resolution says North 62nd Street, but to be
absolutely clear, 62nd Street will not be M.L.K. when you pass N.E. 2nd Avenue
going east. That road then becomes N. E. 61st Street from N. E. 2nd Avenue to
Biscayne Bay and I wanted that portion to be clear on the record.
s
3 Mayor Suarez: We have a motion on this item?
i Mr. Dawkins: Plummer moved. I second.
Mayor Suarez: Okay, we have a second. Any further discussion? Call the
roll.
Mr. Plummer: This is item 50?
Ms. Hirai: Yes, item 50.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1239
A RESOLUTION CO -DESIGNATING NORTH 62ND STREET BETWEEN
INTERSTATE HIGHWAY - I-95 AND N.E. 2ND AVENUE, AND
N.E. 61ST STREET BETWEEN N.E. 2ND AVENUE AND BISCAYNE
BAY AS "DR. MARTIN LUTHER KING BOULEVARD"; REQUESTING
DADE COUNTY DEPARTMENT OF PUBLIC WORKS TO MAKE AN
INSTALL STREET IDENTIFICATION SIGNS BEARING SUCH DUAL
i DESIGNATION; AND AUTHORIZING AND DIRECTING THE CITY
! CLERK TO FORWARD THIS RESOLUTION TO AFFECTED AGENCIES.
i
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RT 120 December 19, 1985
Upon being seconded by Commissioner Dawkins, tht 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.
52. EXPRESS INTENT TO PROCEED WITH MULTIFAMILY RENTAL HOUSING PROJECT AND
FINANCING THROUGH ISSUANCE OF MULTIFAMILY MORTGAGE REVENUE BONDS.
Mr. Plummer: Item 51. Whose item is this?
Mr. Dawkins: Mr. Herb Bailey's. Go right ahead, sir.
Mayor Suarez: Matthew is here.
Mr. Matthew Schwartz: This is an inducement resolution for Cruz Development,
one of the Phase I developers for S.E. Overtown/Park West. This allows them
to tap into the approved mortgage revenue bonds for the City approved three
years ago. Only $15,000,000 of those bonds have been induced to the State.
This is needed for our UDAG application which was submitted November 30th.
1
Mr. Plummer: Why $24,000,000? Originally it was $6,000,000.
Mr. Schwartz: No, this is another developer.
i
tMr. Plummer: Cruz.
Mr. Schwartz: No, the last developer was Circa, Barnett, Sawyer. We induced
twice. Cruz this is the first time.
Mr. Plummer: $24,000,000 at 415 units is how much money?
I
Mr. Schwartz: It comes out a little under $60,000 per unit. That was
comparable to what the other developers, we induced them for. Their performer
is induced as part of this project.
Mr. Plummer: What obligation of the City goes to the backing of Lhese bonds?
Mr. Schwartz: There is none.
Mr. Plummer: No full -faith and credit?
Mr. Schwartz: No.
Mrs. Kennedy: How about risks?
Mr. Schwartz: These are revenue bonds ... 415 unit rental housing for
moderate income families.
Mr. Plummer: Who will control the designation of this housing?
Mr. Schwartz: The housing falls within the S.E. Overtown/Park West. The
developer will own it. It will be on land leased by the City. We will
guarantee that 15% of the units are reserved for low income families ..0 and
moderate.
Mr. Plummer: But not for HUD?
Mr. Schwartz: No, this has nothing to do with HUD.
RT 121 December 19, 1985
Mr. Plummer: If there is no objections, I will move item 51.
Mr. Dawkins: I second it for discussion. What happened to parcel 36 that
Cruz was awarded and now he is not going to develop?
Mr. Schwartz: Cruz has determined that parcel 36, which is the first one he
intended to build - this is in the Overtown side. He proposed and was
selected to build a condominium at that location. That market conditions for
a condominium - he couldn't get the financing for that. Ile feels he can get
the financing with this to develop the rental housing.
Air. Dawkins: Let me give the new Commissioners some background here. Three
parcels were bided on by Air. Cruz. Two parcels were given to Mr. Cruz and the
choice parcel was not given to Mr. Cruz. Mr. Bailey's department decided to
come in with a co -endorsement of Mr. Cruz and White firm. At that time it was
stated that the only way the numbers would work for Mr. Cruz was that Air. Cruz
had been given the three parcels. Now, you have a parcel - are the people who
we gave the other parcel to going to develop 36, or what are we going to do
with 36?
Mr. Schwartz: Block 36, he intends to develop, he intends to do that in a
year or two from now.
Air. Dawkins: Beg pardon?
Mr. Schwartz: He intends to develop 36, but not at this time - in a year from
now, or a year and one-half from now.
Mr. Dawkins: Mr. Schwartz, you tell Mr. Bailey that I am at my wits end with
the development of affordable housing for people who need it and can afford
it, and I am not going to sit by while we continue to promise people that we
are going to provide housing and every time I come, you guys tell me "We want
$30,000,000 worth of bonds, $50,000,000 worth of bonds", but you never tell
me, "Commissioner, we are going to have some houses ready in eight months.'
Okay? So that is what we are going to have to have. Now, Mr. Cruz is either
going to have to come in and develop this land, or we are going to have to
i
give it to somebody who can. I mean, it is just that simple, sir. Okay, no
tfurther
discussion.
1
Mayor Suarez: The cost at $60,000 per unit, I presume that the sale price, if
i
it is a condominium, will have to be at least in the $80's.
1
Mr. Schwartz: This is a rental project.
i
Mayor Suarez: It is rental? That is even worse!
Mr. Schwartz: This is the standard cost.
Air. Dawkins: What would they rent for, Mr. Schwartz?
Mrs. Kennedy: Yes, what would be the rent for these?
Mr Dawkins: Yes, what would be the rental fee?
Mr. Schwartz The proposed rentals - the one bedrooms would rent for low
moderate, would be $373; for the moderate market rate, which would $652, one
r'
bedroom.
Mr. Dawkins: One bedroom, $652?
.;'
Mr. Schwartz: $652, when this is developed.
Mr. Dawkins: And a lot of people in Overtown can afford that.
Mayor Suarez: We are competing with Brickell! That is what we are doing.
Mr. Dawkins: A lot of people in Overtown can afford that.
C c?r
RT 122 December 19, 1985
r`a
Mayor Suarez: There are now all kinds of units on Brickell you can rent for
$652 a month - beautiful locations, already built.
Mr. Dawkins: In fact, you will be able to get some on Claughton Island in a
few days! (LAUGHTER)
Mayor Suarez: Do we have a motion and a second?
Mr. Dawkins: Second. No further discussion, Mr. Mayot.
Mrs. Kennedy What was the motion?
Mayor Suarez: It is a resolution expressing approval of a housing program and
expressing intent of the City of Miami to proceed with the development of the
multi -family rental housing project and the financing of 415 units. The total
cost of the bonds is $24,000,000. I think the total cost of the building is
like $32,000,000. Where is the $8,000,000 coming from? Are they actually
putting that in themselves?
Mr. Schwartz: There is equity plus they are proposing money from the UDAG
grant. It is part of the application, plus money from the surtax for rental.
Mayor Suarez: I figured it wasn't their money. We have a motion and a
second. This was all hatched before I ever got here, so I am not going to
oppose it, buc that is not to say that I wouldn't oppose it in the future,
Matthew, as you know. Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1240
A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF
MIAMI (FLORIDA) TO PROCEED WITH THE DEVELOPMENT OF A
MULTIFAMILY RENTAL HOUSING PROJECT AND THE FINANCING
OF 415 UNITS THEREOF THROUGH THE ISSUANCE OF
MULTIFAMILY MORTGAGE REVENUE BONDS IN AN AMOUNT NOT TO
EXCEED $24,000,000 FOR THE BENEFIT OF A FLORIDA
LIMITED PARTNERSHIP TO BE FORMED FOR THIS PURPOSE,
WITH CRUG DEVELOPMENT COMPANY ACTING AS GENERAL
PARTNER.
(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 Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
53. DEFER CONSIDERATION OF APPOINTMENT TO CIVIL SERVICE BOARD.
Mayor Suarez: Item 53 - a vacancy on the Civil Service Board. It's Rosario
Kennedy vacancy.
Mr. Plummer: Mr. Mayor, 53 is my appointment, which is Civil Service Board.
Mr Odio: No, it is Kennedy's appointment.
RT
123
December 19, 1985
Mr. Plummer:
No, it is not Kennedy's appointment.
Mrs. Kennedy:
No, I was the appointee.
Mr. Plummer:
She was the appointee.
Mr. Odio: Okay, sorry.
Mr. Plummer:
She was the appointee. I was the appointor.
Airs. Kennedy:
And I made it very clear that Commissioner Plummer had to tell
that appointee that this is not the next step.
Mr. Plummer:
Mr. Mayor, I have ...
Mr. Carollo:
I don't know — I might have a question about whose appointment
it is.
Air. Plummer:
No, that one is mine!
Mr. Carollo:
It is? Well, wait a minute. Let's try to verity if it is or
not. How many appointments does the Commission have there?
Air. Plummer:
Three.
Mr. Carollo:
One, two, three, four, five.
Mr. Plummer:
That is correct!
Mr. Carollo:
But not necessarily in that order.
i
Mayor Suarez:
We have got a three —fifths compromise coming up here.
Mr. Plummer:
Correct. I would like to put this off until January, at least.
Mr. Carollo:
I second the motion.
j
Mr. Plummer:
The Board does not have any more meetings at this time, and the
terms are normally up in January, and I would like to reserve my appointment
+
at that time.
Mayor Suarez:
Or whoever's appointment.
jMr.
Plummer:
Well, you know, you want to go to war? I'm always ready!
(LAUGHTER)
`i
Mrs. Kennedy:
It is like the newspaper advertising ...
Mr. Plummer:
Mr. Mayor, I would afford you the same opportunity, sir, that I
had, and that
is the first twelve years on this Commission, I did not have an
appointmett to
Civil Service.
Mr. Dawkins:
Are you bragging, or complaining?
r
1
Mr. Plummer:
And in the great tradition of brotherhood, I would afford the
same opportunity
to the rest of the members of this Commission.
i
Mr. Carollo:
I second the motion! I'll second the motion!
Mayor Suarez:
You know, by the sheerest coincidence, I will have any
'
appointments
for the first twelve months and my fellow newly elected
Commissioner,
for some reason, has a whole bunch coming up, which does not
>=
sound totally
fair, but so be it. We have got a motion to defer. It has been
seconded. Any
discussion? Let's call the roll on that.
k
s
�r r�
S
-
RT
124 December 19, 1985
4
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1241
A MOTION DEFERRING CONSIDERATION OF AN APPOINTMENT TO
BE MADE BY THE CITY C011MISSION TO FLLL AN UNEXPIRED
TERM ON THE CIVIL SERVICE BOARD TO THE JANUARY
MEETING.
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.
54. APPOINT T. WILLARD FAIR TO GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST BOARD.
Mr. Dawkins: Okay, on 54, the nomination by the Sanitation Employees
Association ...
Mayor Suarez: To the Board of Trustees of the City of Miami General Employees
and Sanitation Employees' Retirement Trust and we had certain candidates
proposed to us.
Mr. Dawkins: Okay, the Sanitation Workers would like to have T. Willard Fair
appointed to that chair.
Mr. Plummer: Second the motion.
Mr. Carollo: Bill, what expertise does T. Willard have on garbage?
(LAUGHTER)
Mr. Carollo: No, no, no. You guys took it the wrong way, now. Come on now!
See you guys, you always take it wrong.
Mayor Suarez: Do we need to vote to close nominations and all of that? Can
we just ...
Ms. Hirai: No, we can just ...
Mayor Suarez: On that particular ...
Mr. Carollo: I second the nomination.
Mayor Suarez: I think it has been seconded already. We have got two seconds,
a third, a fourth and a fifth! Let's call the roll.
RT 125 December 19, 1985
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 55-1242
A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEE' AND
SANITATION EMPLOYEE' RETIREMENT TRUST AS PROVIDED FOR
BY CITY OF MIAMI ORDINANCE NO. 10002, (SECTIONS 40-226
AND 40-227) FOR A SPECIFIED TERM OF OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
55. SELECTION OF INDIVIDUALS APPOINTED TO THE ZONING BOARD. (See label #57)
Mayor Suarez: Item 55 - this is for the Zoning Board of the City of Miami.
Whose appointment is it?
Mrs. Kennedy: That is mine.
Mr. Carollo: These are all the people that have applied also?
Mrs. Kennedy: And I nominate ...
Mr. Plummer: Now, what vacancies are open?
Mrs. Kennedy: That is my appointment.
Mr. Carollo: One of them is mine.
Mr. Dawkins: What are we doing, Planning Board or Zoning Board?
Mrs. Kennedy: I hate to tell you, but I have both.
Mayor Suarez: We are on the Zoning Board, Item 55.
Mr. Plummer: Eladio Armesto is mine, right?
Mr. Dawkins: And George L. Sands is mine.
Mr. Carollo: Which one are we in now? Zoning or Planning?
Mrs. Kennedy: We're in the Zoning right now.
Mayor Suarez: Item 55, Zoning Board.
Mr. Carollo: Moran is mine.
Mr. Plummer: All right, now hold on. Let me remind this Commission of
something, okay? I reluctantly, but gracefully, when we pulled out of the hat
last year, I took the alternate. It is this, someone else's turn this year,
that I get the full time, and somebody else has got to take the alternate,
RT
126
December 19, 1985
okay? Now, you want to pull out of the hat, everybody but me, I am not going
to go for it this year.
Mr. Carollo: J. L., wait a minute.
Mr. Plummer: You had the damn hat last year, and I am still questioning
that! Okay, now, what I am saying to you is ...
Mr. Carollo: You don't think that it was fair, I'll pull names out of a hat.
Mr. Plummer: That is what scares me, but you are not putting mine in there
this year. That was agreed upon.
Mayor Suarez: Commissioner Plummer, I am looking here what we were given, and
the Zoning Board, we have got Osvaldo Moran, George Lambert Sands and Elba
Morales, and then we have Eladio Armesto as either.
Mr. Plummer: Well, no, excuse me. Those are the proposed replacements. I am
speaking, Mr. Mayor, to the zoning Board, as you look at the bottom - Victor
DeYurre is the alternate ...
Mayor Suarez: Right.
Mr. Plummer: In a rotating schedule of this Commission, whoever had the
alternate last year is eliminated from having to take it and somebody else
will appoint the alternate. I get a full time appointment this year. I have
one on each board. The point I am making to you is ... excuse me?
Mr. Dawkins: You said both alternates?
Mr. Plummer: No, I don't want both alternates.
3
Mr. Carollo: Okay, well you get the alternate on the Planning Board.
Mr. Plummer: No, no. I have one full time on the Planning and I have one
full time on the Zoning. Somebody else leas to appoint and you can work it out
jamong yourselves, but that will be the alternate.
i
i Mayor Suarez: So how many vacancies do we have altogether on the Zoning
Board? We have three regular and one alternate?
{
Mr. Plummer: That is correct.
i
Mr. Carollo: Mine is Osvaldo Moran.
Mrs. Kennedy: Mine is Elba Morales.
Mr. Plummer: All right now, between the two of you ...
Mr. Carollo: Miller, who do you have?
Mr. Dawkins: I've got George Sands. I'm sitting up here waiting to pull the
hat. That is all we are going to do, because I don't think any of us is going
to give in, so get the hat ready.
Mr. Plummer: I am not pulling this year!
Mr. Dawkins: Oh, yes!
Mr. Plummer: No, no, no. Go back to the record!
Mr. Dawkins: Oh, yes, yes! We can't make it even. That is the only way to
make it even, Joe.
Mr. Plummer: Back to the record, whoever got the alternate ...
Mr. Dawkins: Well, let the Mayor make a decision. We will let the Mayor
decide. He is the boss.
Mr. Carollo: We are going to pick another hat.
RT 127 December 19, 1985
A
Mr. Plummer: No, no. This Commission decided, and i gracefully accepted last
year. Now, you play the game straight!
Mrs. Kennedy: Let's create another seat.
Mr. Plummer: No, no.
Mr. Carollo: The low number, like we did last time, whoever has the lowest
number, is the one who gets the alternate, and we will pick ...
Mr. Plummer: But, not ... you will only have four numbers.
Mr. Carollo: No, we are going to have three, because you are not going to be
picking out of the hat this time.
Mr. Plummer: All right, that is fine. Then, of the three, one of them will
come up with the alternate.
Mrs. Kennedy: Right.
Mr. Plummer: That is fine.
Mr. Dawkins: Hold it, hold it! Joe, now, get it all on the same size paper!
Joe has got different sized paper here!
Mr. Carollo: The paper don't matter. It is how I number.
Mr. Dawkins: Joe has got different sized paper, J. L.!
Mr. Plummer: That is what he had last year, damn it! (LAUGHTER)
Mr. Carollo: What I am doing is I am putting numbers from one to three ...
Mr. Dawkins: With the Mayor you got four!
Mr. Plummer: No, you got four, Joe.
Mr. Dawkins: You got four with the Mayor.
Mr. Plummer: No, will be full time, so it is not. He is right.
Mr. Carollo: Wait a minute, now. We need a fourth for the Mayor. He is
correct.
Mr. Dawkins: The lowest number is out, or the highest number is out?
Mr. Carollo: The lowest number is the one who gets the alternate.
Mr. Plummer: Rather than full time.
Mr. Dawkins: Then somebody is still out because you only got three, so
somebody has got to be out!
Mr. Kennedy: How many ballots are we going to go on this?
Mr. Dawkins: No, no! But you are going to get a full time vacancy.
Mr. Plummer: Exactly.
Mayor Suarez: Of the other four, only three will have ...
Mr. Plummer: Of the three remaining ... of those three, one of them will be
an alternate.
Mr. Dawkins:, That is right.
Mayor Suarez: But of the four Commissioners, three will get to make an
appointment.
RT 128 December 19, 1985
Aft
tL
Mr. Dawkins: Only three of them will get to make an appointment.
Mr. Plummer: Because one of them is going to be the alternate.
Mayor Suarez: We only have a total of four to make - three regular, one
alternate. One of the regulars is going to be appointed by yourself,
actually, suggested by yourself. The other three left, which includes two
regulars and one alternate - there are four Commissioners to choose from.
Mr. Dawkins: Well, why is it - I am of the same opinion as Commissioner
Kennedy - why can't we have ten instead of nine and an alternate?
Mr. Plummer: I think you have to change the Charter, don't you?
Mr. Perez-Lugonez: We have to change the City Code too.
Mayor Suarez: The Code? We could do that right now.
Mr. Plummer: Gentlemen, would you all like to pick first, and me last, or me
first and the rest last?
Mr. Plummer: I'm not involved!
Mr. Carollo: Miller, do you want to pick one? Go ahead.
Mr. Dawkins: I don't want to, but I have no choice. How is this going to go?
Somebody is left out!
Mayor Suarez: Yes, somebody will be left out.
Mr. Dawkins: It has got to be. Actually, before we open up, someone is left
out.
f Mr. Plummer: No, I am left out. I am left out of having to have an alternate
this year. Whatever appointment I make will be a full time.
i Mayor Suarez: All right, the highest number was obtained by Commissioner
Kennedy. She has an appointment, so I will follow her suggestion - her
appointment, so we don't have any more problems here.
Mr. Dawkins: No, he said the lowest!
i
# Mr. Plummer: No, the highest.
Mrs. Kennedy: The highest.
Mr. Plummer: Hers will be the alternate.
3
Mayor Suarez: I've got three anyhow, so the two of you get your appointments.
Let's have the nominations?
i
Mr. Dawkins: Okay, I got George Sands.
Mr. Plummer: We are on zoning?
Mayor Suarez: Yes, Zoning Board.
{ Mr. Plummer: Okay, I am going to reserve mine until January.
9
Mr. Carollo: Yes, I got Moran.
Mayor Suarez: Are we going to do this collectively in one motion?
Mr. Plummer: You can, yes.
'. Mr. Carollo: Can you do it that way, or not? ... Madam City Attorney? Can
you do it individually, or can you do it collectively in one motion?
Mrs. Dougherty: If you have a consensus, you may do it in one motion.
RT 129 December 19, 1985
r
A04
Mr. Carollo: Ok, I nominate Osvaldo Moran. Now, did he reapply?
Mr. Perez-Lugones: Yes, sir.
Mayor Suarez: Yes, he is an applicant.
Mr. Dawkins: I will renominate George Sands.
Mr. Plummer: Who are you appointing?
Mrs. Kennedy: Elba Morales.
Mr. Plummer: Who?
Mayor Suarez: Elba Morales. She will be the alternate.
Mr. Plummer: Yes, that will be the alternate.
Mayor Suarez: And one regular is reserved for the next meeting - Commissioner
Plummer.
Mr. Perez-Lugones: Do you want to throw all of this out and start all over
again?
Mr. Plummer: No, not at all.
Mayor Suarez: No. He is reserving his nomination for next meeting. Are you
ready to take a vote on the motion to appoint Osvaldo Moran, George Sands, as
regular members of the Zoning Board and Elba Morales as alternate member of
the Zoning Board? We have a motion and a second by ... collective motion and
second by four of the Commission, I guess. Call the roll.
NOTE: AT THIS POINT THE CITY COMMISSION, BY A UNANIMOUS VOTE CONFIRMED
ALL THE HEREINABOVE LISTED INDIVIDUALS BY PASSING AND ADOPTING MOTION
85-1243, WHICH WAS LATER RESCINDED BY M-85-1245. SEE R-85-1246.
56. DISCUSSION OF PLANNING ADVISORY BOARD APPOINTMENTS; DIRECT CITY CLERK TO
READVERTISE FOR MORE APPLICATIONS FOR MEMBERSHIP.
Mr. Carollo: For the Planning we could do the same thing. If you want, we
could have two out of three this time.
Mr. Dawkins: Yes, but I have ... my two appointments are not yet down there,
so I don't think it is fair.
Mayor Suarez: You don't have any coming up.
Mr. Dawkins: Yes, I have Don Benjamin and Herbert Lee Simon.
Mayor Suarez: But they are still pending?
Mr. Dawkins: Yes.
Mayor Suarez: They have terms remaining.
Mr. Dawkins: So it would be unfair for me to be in the poll, I think.
Mr. Carollo: Do we have the names of the additional people that have applied?
Mr. Plummer: Well, Dorothy ... who appointed Dorothy Spohn?
Mr. Aurelio Perez-Lugones: The former Mayor.
Mr. Plummer: Okay, and Armesto was mine, okay. And who was Diego?
Mrs. Kennedy: Asmar is mine.
RT 130 December 19, 1985
Mr. Perez-Lugones: Diego was Commissioner Perez'. I am sorry ... yes, Diego
was Commissioner Perez'.
Mr. Plummer: All right, and Pat Kolski?
Iir. Perez-Lugones: Kolski was Commissioner Carollo's.
Mr. Plummer: Okay.
Mr. Carollo: Yes, and ...
Mr. Plummer: So, what we have to do now, is poll for the alternate as to whose
appointee will be the alternate. Is that correct?
Mr. Perez-Lugones: You don't have to deal with an alternate at this time.
You have three regular ...
Mayor Suarez: The alternate stays on.
Mr. Perez-Lugones: Yes, sir.
Mayor Suarez: The alternate stays on.
Mr. Carollo: We will deal with the alternate later on.
Mayor Suarez: Right.
Mr. Perez-Lugones: Yes, in 1987.
Mr. Plummer: But, how do you know who is going to get that?
Mayor Suarez: She is still pending. She has a term ...
Mr. Carollo: We will worry about that in 1987.
Mayor Suarez: Her term expires in December of 1986.
Mr. Plummer: Oh, I see what you mean.
Mayor Suarez: We have got three regulars for consideration, and who do they
belong to, now?
Mr. Plummer: One is J. L., one is Rosario, and one is Joe.
Mr. Carollo: Can I see the names of all the people that have applied for
those positions?
Mayor Suarez: They are right up there, Joe.
Mr. Plummer: Ray Asmar, Dulee Maria Espinosa, and Pat Kolski, and Eladio.
Mr. Carollo: That is all that has applied? Okay, what I would like to do, is
open it up for people to apply again.
Mr. Perez-Lugones: You want a new period of applications. Shall we keep
this?
Mr. Carollo: If they want to reappoint some people, I will give them that
opportunity.
Mr. Plummer: All right, I will go along with that. All right, I will reserve
both of my appointments until next month ...
Mrs. Kennedy: For how long, Joe?
Mr. Carollo: Well, by law, it has got to be how many days we have to
advertise for?
Mr. Perez-Lugones: 30 days.
Mr. Plummer: So it will be on the 23rd of January.
RT 131 December 19, 1985
I
Mr. Carollo: Yes, the 23rd.
Mr. Plummer: We will do it on the 23rd of January.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: No, go ahead and open the list back up. Madam City Attorney, am
I not mistaken? ... as I recall, members that are presently sitting are
sitting until their replacements have been sworn in?
Mrs. Dougherty: Yes, sir.
Mr. Plummer: So you are still sitting?
Mrs. Dougherty: For the Zoning Board, it is.
Ms. Hirai: How about people who have applied? They would have to reapply?
Mrs. Dougherty: I don't know about the Planning Board.
Ms. Hirai: The ones that have applied already would have to reapply.
Mr. Plummer: My understanding is that present seated members ...
Mayor Suarez: There is no reason for them to reapply. Their application is
still pending.
Mr. Carollo: What I was saying is ...
Mayor Suarez: But we are opening it up for others. I mean it is
Mr. Carollo: Well, I don't care - either way, but as long as we are opening
it up for others. You know, if you want to keep those pending, I have no
problems.
Mayor Suarez: Telling people who applied and whose applications are in order
and so on, and they have to somehow reapply - it doesn't seem to be ...
Mr. Carollo: Yes, that might make it more complicated if you open it up
again.
Mr. Plummer: No, those are already accepted. We are just opening it up for
additional.
Mayor Suarez: Exactly. Okay, that is in the form of a motion. So moved.
Can we function without them until then?
Mayor Plummer Excuse me ...
Mr. Perez-Lugones: They stay on until somebody is appointed.
Mayor Suarez: So moved.
Mr. Plummer: Okay, that is the point.
Mayor Suarez: And second. Do we have a second?
Mr. Plummer: Yes.
Mayor Suarez: Do we have a motion and a second?
Ms. Hirai: Yes, sir.
Mayor Suarez: Any further discussion? Call the roll.
RT
132
December 19, 1985
9
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1244
A MOTION AUTHORIZING AND DIRECTING THE CITY CLERK TO
READVERTISF. EXISTENT VACANCIES IN THE CITY OF MIAMI
PLANNING ADVISORY BOARD; FURTHER AUTHORIZING THE CITY
CLERK TO ACCEPT APPLICATIONS.
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.
ON ROLL CALL:
Mrs. Kennedy: What are we voting on?
Ms. Hirai: We are throwing out the present applications and readvertising ...
Mrs. Kennedy: We are reopening until the next meeting?
Ms. Hirai: Yes.
Mrs. Kennedy: Okay.
Mayor Suarez: The incumbents will serve. That is just the Planning and
Zoning?
Mr. Perez-Lugones: May I have a correction? The Zoning Board it stays on
until somebody is appointed. On the Planning Advisory Board, they are out at
the end of the year.
Mayor Suarez: Can we function until next month without them?
Mr. Perez-Lugones: We will have a quorum.
Mayor Suarez: We have a quorum. Do we have meetings before ...
Mr. Perez-Lugones: We have two meetings prior to the 23rd, and...
Mayor Suarez: It is tight, isn't it, Aurelio?
Mr. Perez-Lugones: Well, we normally have a full attendance.
Mayor Suarez - Six, we have six and an alternate. The alternate will probably
fill in.
Mr. Lugones: ... will fill in and five is quorum.
Mayor Suarez: You might want to go out of your way to let them know that we
are pretty tight on that quorum.
57. (A) - RECONSIDERATION OF PREVIOUSLY PASSED APPOINTMENTS TO THE ZONING
BOARD (See label #55)
(B) - APPOIN MffS TO ZONING BOARD.
Mrs. Kennedy: Okay, Mr. Mayor, I was talking to my colleague. Before we go
on, we have a problem with the appointment. As Commissioner Carollo handed me
the box, he said the highest is the one that has the appointment, remember,
RT 133 December 19, 1985
N
is
Joe and I thought you said "yes". I went over and checked it with Matty on
the record. This, then I was told was the lowest.
Mr. Carollo: Commissioner, if there is any problem, I don't mare - you know,
I will take the alternate, I've got no problem with that.
Mayor Suarez: I ceded the highest number to you so you would be able to vote
on the lowest number.
Mrs. Kennedy: Yes, we thought it was, you know, and everybody from my office
came over - they had heard it on the radio.
Mayor Suarez: He has no problem with making it the alternate.
Mr. Carollo: I have no problems with that whatsoever.
Mayor Suarez: Okay, we have to redo the vote, then.
Mrs. Kennedy: Do you want to redo the vote?
Mr. Carollo: How can we correct it in re -doing the vote?
Mayor Suarez: We have to first move to vacate the prior vote and then reopen
nominations and then this time get it done right, if you are so willing, I
mean.
Mr. Carollo: It is no problem, then. Go ahead and do it!
Mrs. Kennedy: Okay, I appreciate it.
Mayor Suarez: Okay, let's move to vacate the appointments of the Zoning
Board. Do I hear a motion?
Mrs. Kennedy: I so move.
Mr. Plummer: No, excuse me - you reconsider the previous motion.
Mayor Suarez: Can we reconsider a motion already approved?
Mr. Carollo: I think that is the way of doing it - reconsider the motion.
Mr. Plummer: Yes, that is what you have got to do.
Ms. Hirai: We have done it sometimes in the same motion - we rescinded the
prior one and reopened.
Mayor Suarez: Let's move to reopen the prior motion.
Mrs. Kennedy: I move to reopen the motion.
Mr. Plummer: Second.
Mayor Suarez: Discussion? Call the roll.
Mr. Carollo: We are keeping the same names. We are just switching one for
alternate and one permanent.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 85-1245
A MOTION RESCINDING MOTION PREVIOUSLY PASSED THIS SAME
MEETING, MAKING CERTAIN APPOINTMENTS TO THE CITY OF
MIAMI ZONING BOARD.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote-
RT 134 December 19, 1985
A%
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Now, the new motion 1 believe will reflect that Elba Morales
will be a regular, Osvaldo Moran will be an alternate and George Sands will
be a regular. is that correct? And there is one other one that is pending
until next month. Okay, so moved, by whom? Collectively, and seconded
collectively, call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 85-1246
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS REGULAR MEMBERS AND ONE INDIVIDUAL TO SERVE AS AN
ALTERNATE MEMBER OF THE ZONING BOARD OF THE CITY OF
MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by Elie 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.
THEREUPON, THE CHAIR TEMPORARILY ADJOURNED THE REGULAR
PORTION OF THE AGENDA AND PROCEED TO TAKE UP ITEMS
BELONGING TO THE PLANNING & ZONING PORTION OF THE AGENDA.
58. ZONING ATLAS AMENDMENT: FIRE STATION 13 AT APPROXIMATELY 1103-51 N.W. 7
STREET FROM CG-1/7 TO GU.
Mayor Suarez: Mr. Rodriguez.
Mr. Rodriguez: For the record, my name is Sergio Rodriguez, Planning
Department. Item number 1 is second reading with recommendations for approval
from the Planning Department, a recommendation for approval from the Planning
Advisory Board for a change of zoning from CG-1/7 to GU. At this time the
Planning Department again recommends approval. I understand there is a
request from the Fire Department to cake advantage of this opportunity to make
a presentation to you and Chief McCullough will make a presentation to the
actual project.
Chief McCullough: This is a refurbishing and an expansion project of the
garage. Architect, Mr. Berelli, if he would outline the site here so I can
stay at the mike. The site that currently holds the fire garage and the fire
station are the two buildings that are in white. The additions are the roof
lines that are shown in pink. The roofs will not be pink. Currently, there
is a large, vacant, piece of property between the fire station and the garage.
We are going to be constructing approximately 20,000 additional feet. The
purpose of this will be to house at least seven spare apparatus, to improve
RT 135 December 19, 1985
the ability to repair heavy equipment, to relocate our test draft pit, and to
locate three divisions, which have similar operations - the rescue divisions,
the fire fighting divisions, support divisions, in the same building. The
issue at hand today is rezoning the property - the second reading, and I just
wanted to take this opportunity to show you. We are in the design development
now, and we are about 75% complete with that.
Mr. Plummer: Move item 1.
Mayor Suarez: Do we have a second?
Mr. Carollo: Second.
Mayor Suarez: Any discussion? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 1103-51 NORTHWEST 7TH STREET, MIAt-1I,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM CG-
1/7 GENERAL COMMERCIAL TO GU GOVERNMENTAL USE; MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 24 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 26,1985
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Carollo, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10065.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
59. AMEND CODE re LATIN CHARTER REVIEW BOARD - ALLOWABLE ABSENCES.
Mr. Rodriguez: Item number 2 is an amendment to the City Code. It is on
second reading.
Mr. Plummer: Second it.
Mr. Dawkins: Move it.
Mr. Carollo: Move item 2.
Mr. Dawkins: Seconded by Commissioner Plummer.
(AT THIS POINT, CITY'ATTORNEY READS ORDINANCE INTO THE PUBLIC RECORD)
Mayor Suarez: Just for clarification here, how many meetings a year do they
have typically that they have to go to four unexcused absences as opposed to
three?
RT 136 December 19, 1985
Mr. Pierce: Is that for the Zoning Board?
Mr. Plummer: No, for the Latin Quarter.
Mayor Suarez: The Latin Quarter, the item we are on.
Mr. Rodriguez: There are 12 meetings in a year, and what we are saying now,
that instead of having three absences, they could have four.
Mayor Suarez: So now they can miss one-third of the entire year without
excuse and still be kept on?
Mr. Rodriguez: That is right.
Mayor Suarez: Well!
Mr. Rodriguez: We have been having problems because the meetings are
conducted during the day. These people are not paid anything, and we usually
have a quorum.
Mr. Plummer: Why don't you hold them at night?
Mayor Suarez: Can they not be held at night?
Mr. Pierce: We will look at it.
Mr. Rodriguez: We could try at that, if you want to. We can look at that.
Mrs. Kennedy: Perhaps an alternate meeting - one during the day and the other
time at night, and see what works best.
Mayor Suarez: If someone has four unexcused absences out of twelve, it
difficult to understand how they might know the constant flow of what is
happening here.
w:
-
Mr. Rodriguez: If I may, you know, each case that is presented to them is
t.
�
considered on their own merits. Most of these cases are fairly
simple, strighc-forward recommendations on the aesthetics of the project. In
-
other boards that we had before, there were excuses for being sick or for
whatever reasons. In order to avoid the confusion of excuses that we formerly
allowed, we are making a standard requirement and that way we don't have to
deal with that anymore.
Mayor Suarez: It has been moved and seconded. Any further discussion? Call
the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 62 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VIII-LATIN
QUARTER REVIEW BOARD, SECTION 62-78, "MEMBERSHIP," BY
CHANGING THE PERMISSIBLE NUMBER OF ABSENCES PER
'
CALENDAR YEAR FROM THREE (3) UNEXCUSED ABSENCES TO
FOUR (4) ABSENCES; SECTION 62-74, "FUNCTIONS, POWERS
AND DUTIES, GENERALLY," BY EXCLUDING APPLICATIONS FOR
BUILDING PERMITS FOR LESS THAN $10,000 FROM LATIN
QUARTER REVIEW BOARD REVIEW, UNLESS REFERRED BY THE
PLANNING DIRECTOR; AND SECTION 62-80, "PROCEEDINGS,"
k BY REDESIGNATING THE LATIN QUARTER REVIEW BOARD
RECORDS CUSTODIAN.
Passed on its first reading by title at the meeting of November 26,
1985, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
Ax
and adopted by the following vote-
RT 137 December 19, 1985
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. 10066.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
60. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT - APPROXIMATELY 2601 S.W.
28 STREET FROM RS-2/2 TO CR-2/7 AND APPLYING THE SPI-3.
Mayor Suarez: PZ-3.
Mr. Plummer: Just for the record, Mr. Mayor, let me establish on the record,
is this the property here at 27ch Avenue?
Mr. Olmedillo: Yes, Sir.
Mr. Plummer: Okay. On the record, that property was two years ago my
campaign headquarters. I have no financial interests, other than the money I
poured in it to make it acceptable for a headquarters. Madam City Attorney,
do I have any conflict?
i Mrs. Dougherty: No sir, Mr. Commissioner.
Mr. Plummer: Established the record. Thank you, Mr. Mayor.
Mr. Dawkins: Go ahead, Barry Schreiber!
Mr. Olmedillo: Mr. Mayor, Commissioners, Guillermo Olmedillo, Planning
Department. It is very important to see what is happening in the area. At
your request, the Planning Department has prepared a comprehensive study of
the 27th Avenue corridor, which included, of course, this property. It was
presented before the P.A.B. last night and it was priorly discussed with
residents and property owners on two occasions at two neighborhood meetings.
Without going in depth into the study, I must say that the existing conditions
of the residential area south of Dixie and east of 270 Avenue show a great
degree of stability - over 70% of owner occupancy, double that of the City's
average. Excellent maintenance of housing stock, long periods of residence in
the area and single family zoning. If you looked at the overhead projection,
you will find that the subject property is at 28th Street and 26th Avenue,
facing residential, both east and west boundaries. The potential problem that
exists under CR-2/7, which is the request of the zoning change, is that it
allows service establishments which generate traffic and activities. One of
the main concerns expressed during the neighborhood meetings was exactly this
traffic intrusion into the residential area. Already lots been 5 and 6 in
block 2, which is the triangular shaped blocks have converted into offices
because of transitional uses contemplated in the code.
Mr. Plummer: May I stop you for a minute? Maybe is is a problem with your
delivery - you said many of the residents of the area complained about the
traffic?
Mr. Olmedillo: Traffic intrusion into the residential area.
Mr. Plummer: Okay, but I read that there was only one opponent at the
meeting. Now, to me, many is two or more!
Mr. Olmedillo: I made reference to the neighborhood meetings that we held for
the 27 Avenue comprehensive study.
RT 138 December 19, 1985
IN
Mr. Plummer: Oh, not particular to this item?
Mr. Olmedillo: Not to this case in particular, but generally.
Mr. Plummer: Well, the inference is that you are speaking, and I would hope
that you would speak basically to this item.
Mr. Olmedillo: Yes, sir, I made reference to the study, because it was a
comprehensive study.
Mr. Plummer: The study is not before us.
Mr. Olmedillo: No, sir.
Mr. Plummer: This item is.
Mr. Olmedillo: Yes, sir. The change to the CR-2/7 designation will create
additional pressures on the long block marked "2", bounded by 27th Lane, 28th
Street, 26th Avenue and 24th Avenue. The proposal of the Planning Department
was willing to study the comprehensive study to have RO-1/7 district, which
allows a mix of residential and office uses, and which does not allow the
transitional uses to extend into the residential areas, and which, at the same
time, will enable the property owner to develop this site in a unified manner.
They are owners of the site right next to it. In the study that I mentioned
before, it is recognized the need to have neighborhood service, commercial
activities, but along 27th Avenue, where they don't create any conflict with
the residential areas; therefore the Planning Department recommends denial of
the change from RS-2/2 to the RG-2/7 district which is proposed.
Mr. Plummer: For the record, that is the only residential piece of property
on that block.
Mr. Olmedillo: Yes, sir.
Mr. Plummer: And that is very much out of character with the commercial.
Mr. Olmedillo: Yes.
' Mr. Plummer: It is not compatible.
f
Mr. Olmedillo: Yes.
Mayor Suarez: How could it have been used as a campaign headquarters if it
f
Mr. Plummer: You run your campaign your way, and I will. run my campaign my
way! When you get 74% of the vote ...
Mayor Suarez: I mean, there was a lot of traffic going to your campaign,
there!
Mr. Plummer: That is correct! You bet your bippy there was!!!
Mr. Pierce: He was legal, though, Mr. Mayor.
Mayor Suarez: There is not going to be any more traffic inthis establishment
than there was through the campaign, right?
Mr. Plummer: No, I lose it now.
x
Mrs. Kennedy: How long was your campaign?
Mr. Plummer: Just long enough to get 74%.
Mr. Olmedillo: As a piece of information, the Zoning Board voted 8 to 0 in
favor of the change of zoning.
�,_., Mr. Osvaldo Soto: Mr. Mayor, may I be recognized?
Mayor Suarez: Yes, Mr. Soto, state your name and address.
RT 139 December 19, 1985
IN
Mr. Soto: Osvaldo Soto, Attorney at Law, with offices at 1950 S.W. 27 Avenue.
I. am here in behalf of Mr. Aaba Melwani, who is a minor, and his father and
guardian, Mr. Ram Melwani, who is here today. Mr. Mayor, this is a very
simple matter. I, and as all the members of the Commission are very familiar
with this area. Actually, I do have lunches there practically 50 of the
time, because this is very close to my law office. On this block, only 20% is
left as a residential area. 80% of that block today is commercial. Mr. Mayor,
all that area, Mr. Commissioners today are totally residential. When the
Zoning Board considered this item, it voted R to 0 in favor of the change. It
is very clear in that area today we have only commercial property. It would
be punishing the property owner to deny this petition here today. There is no
... if there is anything that would really recommend otherwise I think when
you have the Zoning Board voting 8 to 0 and you have open this meeting only
one person opposing it over an entire neighborhood would tell you that
everybody accepts that this area of 27th Avenue is a commercial area. It
would be denying the City of Miami public that it really is entitled to, so I
do not see how the Planning Board could recommend to the Commission and the
Mayor to deny this petition. What it is telling at this point is - tell the
owner that all 20 percent or the blocks that he is not entitled to the same
rights that the 80% of the rest of the block, which is to me, totally
incredible. On this basis, on the basis that this area is totally commercial,
I have to petition this Commission to approve the recommendation of the Zoning
Board that was 8 to 0. And I would be able ... yes?
Mayor Suarez: If I may interrupt you - do we have anyone here that is
intending to speak against this application?
Mr. Soto: That tells you, Mr. Mayor, and Mr. Commissioners, how people
believe that this area is totally commercial.
Mayor Suarez: It tells you that, or the people just didn't have the time, but
the reason I asked is you might not want to overdo it here as far as making a
presentation a little too long.
i
Mr. Soto: No, I don't want to take your time, Mr. Mayor.
Mr. Plummer: Mr. Soto, sir, I want to set the record straight. Sir, under no
circumstances can I accept your terminology, which says it is a penalty to the
applicant. The applicant bought that property with certain rights and
privileges, but we are sitting here today to answer the questions - does it
makes good zoning, all right, sir? Now, I happen to agree that it does, but I
cannot accept your terminology that it is a penalty to the owner. The owner
bought it with certain rights, and he can't be penalized when he bought it
with his eyes wide open. I am in favor of changing it, sir. The area ...
there is no way that the Planning Department can convince me that that one
house structure is compatible with the heavy residential or commercial that
exists there. So, I am with you. I just disagree on your terminology.
A
Mr. Soto: Okay, thanks, Mr. Commissioner.
Mrs. Kennedy: Sounds like a fair request I move to recommend.
Mr. Soto: Yes, Commissioner.
Mayor Suarez: There is a motion to approve. Is it seconded?
Mr. Plummer: I second the motion, sir.
Mayor Suarez: Further discussion from the Commission? Call the roll.
RT 140 December 19, 1985
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2601 SOUTHWEST 28TH STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS-
2/2 ONE FAMILY DETACHED RESIDENTIAL TO CR-2/7
COPNERCIAL RESIDENTIAL MAKING FINDINGS; AND MAKING ALL
THE NECESSARY CHANGES ON PAGE NO. 43 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Kennedy 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.
ON ROLL CALL:
Mayor Suarez: "Yes". I might have very well voted "no" if I had seen someone
in the vicinity opposing it, but in the absence of that, "yes%
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
61. AMEND LAND USE/ACQUISITION ELEMENTS OF 1982 SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT PLAN.
Mayor Suarez: Item number 4.
Mr. Schwartz: Item number 4 is amendment to the Southeast. Overtown/Park West
Community Redevelopment Plan that was approved in 1982. This is really a
housekeeping amendment. This is cleaning up some of the land use changes that
already had been approved by the Commission through other actions to be
consistent with the Community redevelopment Plan. The major change would be
to allow the construction of the arena - the site that the arena is now
proposed for between 6th and 8th Street, between N.W 1st Avenue and North
Miami is originally designated on the land use plan for a mixture of
residential and commercial. We are now designating that as a community
facility.
Mayor Suarez:
Matthew, on the sports arena site,
to what extent are we
required to this by prior action taken by this Commission?
We are pretty much
bound to do it
at this point, are we not?
Mr. Schwartz:
The City Commission has elected Tacoma
to develop that at that
location. That
is why this is really a housekeeping ...
Mayor Suarez:
I mean, it is sort of putting the cart
before the horse or the
horse before the cart.
Mr. Schwartz:
It allows us also, we are amending
the acquisition plan to
Y
allow the City
to acquire that property - the south block, which has not had
the authority before. This also has to be approved by
Dade County and it will
be on the Dade
County Commission agenda on January 21.
Nc
RT
141
December 19, 1985-
-;.
77
A%
Mayor Suarez: Of course, we are by no means approving the financial package
or anything else having to do with the sports arena.
Mr. Schwartz: And even the land acquisition for the south block would [lave to
be brought before the City Commission for their approval before we can move
upon it.
Mayor Suarez: Do we have a motion on this item?
Mrs. Kennedy: Move.
Mayor Suarez: A second?
Mr. Dawkins: Second.
Mayor Suarez: Any discussion from the Commission? Call the roll, please.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 85-1247
A RESOLUTION APPROVING REVISIONS DATED JULY 7, 1985,
TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT PLAN DATED DECEMBER, 1982 FOR THE AREA
BOUNDED BY BISCAYNE BOULEVARD, NORTHEAST/NORTHWEST 5T11
STREET, INTERSTATE 95 AND INTERSTATE 395.
(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 Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr..
62. ESTABLISH PUBLIC HEARING DATES FOR AMENDMENT TO THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1976-86 FOR PROPERTY LOCATED AT 3471 MAIN HIGHWAY.
Mayor Suarez: Item 6 has to do with the setting the time for a hearing, I
believe, on Commodore Bay. Is there any argument on the time on this hearing?
Mr. Rodriguez: This is basically two items.
Mayor Suarez: Are we going to have a discussion from proponents and opponents
on setting a time? I mean, I see proponents and I see opponents everywhere.
Mr. Plummer: Mr. Mayor, can I ask a question? ... because I am still ...
I've got the legal ruling on this. I am being told that this is a formality,
that we have to notify the State, okay? They were not arguing either way.
You know, the stupidity of this thing is, we don't even know if the applicant
is going co appeal! Is that correct?
Mr. Rodriguez: Appeal what?
Mr. Pierce: There is nothing to appeal now.
Mr. Plummer:
Board.
Appeal the ruling of the defeat that he cook at the Zoning
R
RT
142
December 19, 1985
Mr. Rodriguez: The Zoning Board only makes recommendations, so it is going to
come before you. Before you can hear this, there is a new requirement by the
Florida Statutes by which we have to refer the amendment to a plan that goes
with the zoning, to them - and that requires that it goes for 90 day review by
them, so the only reason that we have this before you is so that it can go to
them, they can make comments, and because of that, we have to waive the time
limitations with the zoning ordinance and establish a date.
Mr. Plummer: Let me advise my colleagues the thing that I did find out. This
is then considered an adjustment to the Comprehensive Plan.
Mr. Rodriguez: Right.
Mr. Plummer: Be aware that under this statute, that you can only amend that
plan twice a year. I think this thing is ... when did this thing go into law?
Mr. Rodriguez: October 1.
Mr. Plummer: That means that what you are really talking about is in the City
of Miami, basically, we will only have two major changes in the year.
Mr. Rodriguez: In the City of Miami, zoning changes that amend the
Comprehensive Plan can only be.... You have made some changes on the zoning
that are not in conflict with the Comprehensive Plan.
Mr. Plummer: That is almost in effect a moratorium.
Mr. Rodriguez: It is a way of doing business differently, I. think.
Mr. Plummer: How in the hell did the builders and the developers in this town
ever let that thing get by without bringing it to our attention?
Mr. Rodriguez: I think the one ...
Mr. Plummer: It is almost a moratorium! And what is even dumber to me is the
fact, even though this application is not before and may not be before us, we
have got to notify them that they are going to go through the procedures, just
in case we do! Now, are they trying to create jobs in Tallahassee for
bureaucracy? What in the hell are they trying to accomplish? I don't know!
It would seem legitimate to me if there was a bonafide application before us,
that they have the right to look. But, there is no application before us! In
other words, let me understand this particular case. Treister does not
have, or the propercy here, does not have presently an application before us.
Mr. Rodriguez: They do. It is not before you, the Commission, but it is
before the City.
Mr. Plummer: It was before the Zoning Board?
Mr. Rodriguez: And the Planning Advisory Board.
Mr. Plummer: And that was denied?
Mr. Rodriguez: That was denied.
Mr.
Plummer: All right!
Mr.
Pierce: Recommended for denial.
Mr.
Rodriguez: Recommended for denial.
Mr.
Plummer: But under normal procedures, the
only way that will come to us
is
on appeal, is that correct?
{"
Mr.
Rodriguez: No, sir. No.
Mr.
Plummer: It is going to come automatic?
y
Mr.
Pierce: It comes anyhow.
Mr.
Rodriguez: You have to act on it because
the Planning Advisory Board and
the
Zoning Board on zoning matters, can only ...
143
RT
December 19, 1985
4Y i t
„ •iw:
_.-..
Mr. Plummer: I stand corrected, but still the point that I guess I am upset
about is the fact that you will only be able to make two changes a year to
that Comprehensive Plan.
Mr. Rodriguez: No, no. You can makes changes at least twice a year.
Mr. Pierce: On two occassions.
Mr. Plummer: Oh, they all will be grouped together? Oh, okay!
Mr. Rodriguez: Yes.
Mr. Pierce: Yes.
Mr. Plummer: Okay - all right!
Mrs. Kennedy: Sergio, let me see if I get this right. In other words, this
only, like ministerial, do we have an option?
Mrs. Dougherty: You don't have an option.
Mr. Rodriguez: As I see it, no. I would like the Law Department to answer
that.
Mrs. Kennedy: All right, I just wanted to understand that.
Mr. Rodriguez: The only thing that you are doing is trying to establish the
date so it will be a date certain.
Mr. Plummer: Can we establish any date chat we want?
Mr. Rodriguez: Yes, I am suggestting something, but you can establish
something beyond that date.
Mr. Plummer: Can we establish like December of 1986?
Mr. Pierce: No, I ...
Mr. Plummer: I am asking the question now!
Mr. Rodriguez: I know it is more than ninety days. That is the only thing I
can tell you.
Mr. Plummer: Does it say more than 90 days?
Mrs. Dougherty: It has to be mover 90 days.
Mr. Plummer: Over 90 days!
Mr. Rodriguez: Yes.
Mr. Plummer: So, December of 1986 is over 90 days!
Mr. Rodriguez: Right - I guess so!
Mr. Dawkins: You guess so?
Mrs. Kennedy: You guess!
Mr. Rodriguez: No, what I am saying is I guess so, I know what you are
saying. I don't know whether we have any other ordinance or requirement once
you waive that.
Mr. Plummer: To my colleagues on the Commission, okay, as you are aware, this
parcel of land is trying to be assimilated into City ownership for .....
Mr. Carollo: No, I don't think that is quite correct, Commissioner Plummer.
Mr. Plummer: You are right, I stand corrected.
RT
144
A
December 19, 1985
Mr. Carol Io: I think that the realities are that there are some private
Individuals out there that have spoken about that, but as far as I am aware,
the City has not made any kind of lormal otfer to any of the: ow«�rs about
that - whatsoever Again, for the record, I would like to stdte that it is very
clear what is happening on this request here tonight, the applicant for the
zoning change cannot come in through the front dour, so he want to accomplish
through the back door what he has not bean able to do through the front. This
is why we have here someone that I am sure is being paid by the applicant to
take accurate minutes of this meeting and I. hope they will be accurate, and
this is why they are coming back to this Board. I would like to refresh, for
the record, and the new members of the Commission that we have here, the
history of what has happened with this piece of property. The applicant came
to this Commission some months back, asking for a zoninf; change for this
property after being warned and given plenty of opportunity to withdraw the
item on that day, the applicant insisted that he felt that he trusted that lie
had the votes of the Commission. He wanted to go ahead with it. lie insisted
on going ahead with it. Well, we went ahead with it, and the applicant dial
not receive the votes that tie needed for the zoning change, therefore the word
was that he felt that he was not treated fairly at the time. This Commission
went out of its way and in the motion that I have made, we broke all rules
that I can recollect that we had followed in the past, to give him a second
chance before the 18 months that he would normally have to wait before he
could come back and address this Commission. He went to the 'Zoning Board
again. The Zoning Board again did not vote in his favor. Finally, he is
here, knowing very well that he will not have ttie votes of this Commission, as
the majority of the members of this Commission have expressed themselves
publicly, based on the information that we have had up to now on this
property, not because any small group of citizens, or large group of citizens
would like to see the State, or the City or the County buy this property, but
because the majority of us, 1 think, feel that the zoning requests that are
being made there are, at least, as we know up to now, are not proper, are not
just for the area there. and I just think that this needed to be said, and
made into the record, because whatever is said here today is going to end up
in court and the applicant is going to try to use and twist every word that is
made here, or has been made, to try to force this Commission to give him the
sky is the limit as to whatever tie wants to do with that property.
Mr. Dawkins: Mr. Mayor, a couple of questions. What are we going to send to
Tallahassee?
Mr. Rodriguez: To Tallahassee we have to send the request from the applicant
to amend the plan.
Mr. Dawkins: And nothing from the City.
Mr. Rodriguez: Nothing from the City.
Mr. Dawkins: We don't make any comments, or anything about ttie application?
Mr. Rodriguez: They can require from us information if they want to, but the
idea is that they can comment on you - they ask for the records if they want
to, but basically, we are sending to them the application from the applicant
to amend the plan, and they can ask for more information and then we give it
to them.
Mr. Dawkins: Okay, I'd like to go on the record stating that this land has
not been rezoned and chat this Commission asked for a appraisal of the land
(INAUDIBLE BACKGROUND COMMENT)
Mr. Dawkins: I won't. I will just say, "Let them look at the record."
Mayor Suarez: Do we have a motion pending to have a date certain way into the '
future set, or do we leave that up CO the staff?
Mr. Dawkins: J. L. said December 6th.
°`, Mr. Plummer: Well, excuse me. I am being urged co be reasonable. If we set,
let's say, June ...
hr4',
rt 145 December 19, 1985
-
Mayor Suarez: I think it makes more sense to you know ... to get it disposed
of.
Mr. Plummer: Okay, if we set June 1st, it duesu't mean that we couldn't defer
it at that time, does it? Is June 1st agreeable?
I -Jr. Rodriguez: For the second hearing.
Air. Plummer: We have got to go 90 days.
Mr. Al Cardenas: My name, for the record, is At Cardenas, Nr. Chairman and
members of the Board, and I represent the applicant. We sincerely feel that
the March and April dates, which have been set by the staff, for, recommending
those dates to you is very reasonable. Normally, as you know, the only
requirement the City has is that we wait approximately 45 days for first
reading, and then for there to be a second reading. In this particular case,
because the item is being sent to the Department of Community Affairs, you are
already doubling the time within which normally applicants have their matters
heard. I think there is an inherent due process right to be heard within a
reasonable period of time, based on previous conduct of this Commission, and I
think that the record will reflect that this Commissiun has always in the past
heard matters promptly on Linz, and that this certainly this would be an
exception if it did not do so. I certainly don't thins: that you want to place
yourselves in a position wt►ere you may be violating the due process rights of
an applicant.
Mayor Suarez: I would call for Lne most seasonable of all time on this and
ask the Commission to be reasonable, because I have a feeling this matter is
not going to go very far anyhow, so why don't we dispose of it as soon as
possible.
Mr. Plummer: No, I am scared you are wrong!
Mayor Suarez: Okay. What do we have ❑ow? We have June as proposed?
Mr. Plummer: June 1st is reasonable. We are operating with a new law that
nobody is familiar with, and It they ask for additional information ...
Mr. Rodriguez: It can be the second meeting or the first meeting in June, so
that we have a clear ...
Mr. Plummer: Make it the last meeting in May, I don't care!
Mr. Rodriguez: Okay.
Mr. Plummer: As long as we have the right at the time to defer.
Air. Rodriguez: Last meeting in May, did you say?
Mayor Suarez: Hubert, do you want to be heard on this?
Mr. Pierce: That will be May 22nd.
Mr. Rodriguez: May 22nd at 5:00 P.M.
Mr. Hubert Parsons: Mr. Mayor and Commissioners, my name is Hubert Parsons,
offices ac 799 Brickell Plaza. I, together with many other people ... there
are many people in opposition, as I think the Mayor and Commission well knows
of this project. They were all told not co be here today, because this was
seen as basically a routine item. I would ofher for your consideration the
following comments. I think that the perception, of I would think, the Mayor
and every Commissioner is correct. I think that a record is being attempted
to be established by the applicant to sue the Cicy. I would suggest that the
Mayor and Commissioners accede to the request made by the applicant that this
s►
matter come up for a hearing on dates suggested by the Planning Department in
.:
March and April. Don't give them an issue. Don't give them an issue! Bring
it on for a vote. I would secondly suggest in keeping with what I sense to be
stated by all — the Mayor and Commissioners, chat when this matter is passed
tt
forward, transmitted to the Department of Community Affairs, chat it be done
so expressly with the statement that City is neither recommending approval or
denial at this time. It is simply passing this because it is required under
the law, that it be passed to D.C.A. If anything should go up, it would be,
y
rt 146 December 19, 1985
r
of course, that the advisory boards to the Commission, i.e the Zoning Board,
and the Planning Advisory Board have recommended denial, as has also
Metropolitan Dade County, Shoreline Development Review Committee. So, I would
say, move the matter forward as suggested for hearings at the respective dates
in March and April. The June dates incidentally don't work. There are many
people that have families that would be involved in vacations at that time.
Don't give them an issue. Pass it forward without recommendation and let the
matter come forward for consideration solely on the merits of whether the
zoning requested is appropriate under all the tacts and circumstances, and
without regard whatsoever to the potential, if there is any, for public
acquisition for park land. Thant: you.
Mr. Jack Rice, Jr.: My name is Jack R. Rice, Jr., with offices at 2324 N.W.
1st Street, and I represent C. B. McCormick, who owns the property at Royal
Road and Main Highway, which is approximately 10 acres. lie has constantly
strived to maintain the residential character of the Grove. As to the verbage
to be contained in the resolution, I would suggest the following: "Nothing
contained in this resolution shall be an endorsement of the proposed amendment
to the Miami Comprehensive Neighborhood Plan, 1976-'86, fur property located
at 3471 Main Highway, which is the property in controversy." The reason why I
say that is the way that State law is written. It says - "The Commission
shall send a proposed amendment to the neighborhood plan and I don't want any
idea that there is an inducement, or a firm commitment on behalf of the
Commission, that they in any way favor this change of the Comprehensive Plan.
Mayor Suarez: Aside from the merits and everything else involved in this
case, do we have any problem with the idea of proceeding with the
recommendations of the staff on the date, in view of the fact that opponents
agree with that date for a rather interestingly worded legal reason?
Mr. Plummer: So moved.
Mayor Suarez: Do we have a second?
Mr. Dawkins: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1248
A RESOLUTION DIRECTING THE CITY CLERK TO TRANSMIT FIVE
COPIES OF A PROPOSED AMENDMENT TO THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1976-1986 FOR PROPERTY
LOCATED AT APPROXIMATELY 2471 MAIN HIGHWAY, TO THE
FLORIDA DEPARTMENT OF C0MMUNITY AFFAIRS FOR COMMENT;
ESTABLISHING PUBLIC HEARING DATES FOR: A)
CONSIDERATION OF AN ORDINANCE CHANGING THE 'ZONING
CLASSIFICATION FROM RS-1/1 TO SPI-2 FOR PROPERTY
LOCATED AT 3471 MAIN HIGHWAY AND B) CONSIDERATION OF
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN FOR THE SUBJECT PROPERTY BY CHANGING
THE DESIGNATION FROM A COMBINATION OF MIXED -USE AND
LOW DENSITY RESIDENTIAL TO MIXED -USE; SUCH DATES BEING
THURSDAY, MARCH 27, 1986, AFTER 5:00 P.M. FOR FIRST
READING, AND THURSDAY, APRIL 10, 1986, AFTER 5:00
P.M., FOR THE SECOND READING; MAKING FINDINGS.
(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-
`�` RT 147 December 19 1985
�.+
ki
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
63. ESTABLISH PUBLIC HEARING DATE CONCERNING AMENDMENTS TO DEVELOPMENT ORDER
FOR THE MIAMI CENTER I PROJECT - 100 CHOPIN PLAZA.
Mayor Suarez: Item 7, another public hearing - date and time question. Does
any Commissioner have any problem with the date and time being proposed here?
Air. Plummer: Mr. Mayor, are the applicants here? Is this tied in with all of
the others?
Mr. Ethan Minsky: No, this is an application to ... oh, it is tied in. It is
an application to amend the development order as it relates to the southern
portion of tract "A", which is the area behind the existing Miami Center
property.
Air. Plummer: Name and address for the record.
Mr. Minsky: My name is Ethan Minsky. I am with the firm of Shea and Gould.
I represent Miami Center Joint Venture.
Mr. Plummer: All right now, you know, you are asking us to set a date for the
public hearing for the development order, right?
Mr. Minsky: Yes, sir.
Mr. Plummer: Is that correct?
Mr. Rodriguez: Right.
Mr. Plummer: Now, I think there are some legal pending matters still
outstanding.
Mr. Pierce: No, sir, Mr. Commissioner.
Mr. Plummer: Yes, sir, there sure is. The bifurcation - there is legal
matters pertaining to the ...
Air. Dawkins: Contribution to the Bayfront Park.
Mr. Plummer: Exactly! All of these matters are, you know, outstanding in my
estimation, and I just don't see how we can have any kind of a hearing until
these matters are cleared up.
Mrs. Dougherty: We can't resolve some of them unless you have a hearing.
Mr. Plummer: Oh, yes, you can resolve them before a hearing. These are old
matters.
Mr. Minsky: As I understand it, Mr. Commissioner ...It's all right , Sergio.
Mr. Rodriguez: If I may, I would like Mr. Minsky to put on the record who is
he representing, because I think ...
Mr. Plummer: He said Mr. Could.
Mr. Rodriguez: ... we have also, I understand another interested ...
Mayor Suarez: Interested party?
RT 148 December 19, 1985
Mr. Rodriguez: ... interested party in the whole situation, and we had the
Bank of New York.
Mr. Plummer: Well, but you sec, all of that ...
Mr. Pierce: No, no, Mayor ....
Mayor Suarez: Olympia and York?
Mr. Plummer: ... all of that stuff is still up in the air, and I don't see
how this Commission can take and have a hearing, as you remember the last time
that this matter came before this Commission, there was a knock down drag out
between Mr. Gould and Olympia York of who had the right to represent to say
what, to whom, to why! And then in comes the bank and says "Neither one of
them has the right, because we are holding the mortgage!" Now, all I am
saying is, before we go in to any kind of development order, I think these
matters have all got to be cleared up. I am not a lawyer, but it said - when
you come into court, you come with clean hands, and as far as T am concerned,
they are asking for their day in court, but their hands are not yet clean.
Air. Pierce: Mr. Plummer.
Mr. Plummer: Yes, sir?
Air. Pierce: Just for the record, may I make an effort to clarify and put
this in perspective.
Mr. Plummer: Whatever you wish, sir, as wrong as you might be!
Mr. Pierce: I am entitled to that opinion, right? Miami Center I is
comprised of two phases, phase I being the Pavillon Hotel and the Ed Ball
Office Building, which is constructed.
Air. Plummer: Yes.
Mr. Pierce: Phase II being the va-ant, unimproved parcel to the south of
that, between ...
0
Mr. Plummer: Which was proposed for the condominiums.
Mr. Pierce: Right.
Mr. Plummer: That is correct, sir,
but it was all tied in.
Mr. Pierce: Well, just a second.
Miami Center II was the three other blocks
in Dupont Plaza.
Mr. Plummer: Exactly!
Mr. Pierce: The development order
for Miami Center II expired last ... well,
early this year.
Mr. Plummer: We gave it a natural
death.
Mr. Pierce: Well, yes.
Mr. Plummer: That is correct.
Mr. Pierce: And when it died, so
did the bifurcated ramp dedication right-
of-way requirement. Yes, sir?
Mr. Plummer: That is fine, on that
parcel! Now, we are talking about another
P:•
parcel, and the same owner who
made the obligations prior, is the same
applicant here.
"F
}f3�`
Mrs. Dougherty: J. L., they are
asking have a right to have a
{r
hearing.
Mr. Plummer: They have the right
to have a hearing. I would not deny them
that right.
(INAUDIBLE BACKGROUND COMMENTS)
TM
.._ ?
RT
149 December 19, 1985
Mr. Plummer: You go wash your hands, then come and you will have your day in
court.
Mr. Rodriguez: Couldn't these issues be addressed at the time of the hearing?
Mr. Plummer: No, sir! That is why we are in the damn jam we are in today!
We don't have the money for the bifurcation. It was these people who said
"We were going to put that money in escrow, and we were going to take care of
that park, and we are going to take care of that people mover station and we
are going to do this" ... and where are we? Zilch!
Mr. Rodriguez: Couldn't in our condition for recommendation for approval of
the development order be a contribution to that?.
Mr. Plummer: They have already made those commitments.
Mrs. Dougherty: But, that was on the other one that died.
Mr. Pierce: That was another application - a separate piece of land, J. L.
Mayor Suarez: We can't take any votes at this point.
Mr. Plummer: Let me tell you something! You hooked me once - it is my fault.
You hook me a second time, buddy it is going to be your fault! You and all
the rest of that high priced help sat down here with Gould and Olympia York
and Skippy Sheppard and we spent untold hours on that damn item. You know what
happened in the final analysis? Nothing! !sere wear,--, the only people who
have lived up to their obligations is Southeast Bank. They are honorable
people and did what they said they were going to do, but that doesn't complete
that bifurcation and you know who is on the hook? Just as I told you before -
this City is on the hook. If that state builds chat thing, we are on the
hook!
Mayor Suarez: Do we luse anything by proceeding with the public hearing on
the date indicated?
Mr. Rodriguez: In my opinion, we have a lot to gain by it, because in that
way ...
Mayor Suarez: And we have got time to apply pressure to get them to come
through on every other commitment and potential commitment that we need?
Mr. Minsky: May I address the Commission? Although it doesn't seem too many
people are here, my understanding is that all we are doing is setting a
hearing date at this point, which is provided for in the Florida Statutes ...
Mayor Suarez: Yes, I hear you and I think...
Mr. Minsky: ... and prior to that hearing date is when we deal with all these
issues.
Mayor Suarez: It makes sense that we do set a public hearing date and I nave
a feeling there will be iireworks there, but at least we will have a public
hearing date, because we ...
Mr. Plummer: I hope there won't be any fireworks!
Mayor Suarez: You are starting the fireworks already. Maybe you will put
them out by then, I don't know.
Mr. Plummer: No, sir! Mr. Mayor, I ask that this matter be deferred to the
next meeting in January.
Mayor Suarez: What happens if the Commission does not approve, Madam City
Attorney, the motion for deferral? Will the item just simply ... ?
,. Mr. Plummer: No, then the floor is open for another motion.
Mrs. Dougherty: That is right - nothing, if the motion is defeated. There is
no public hearing set.
Ms
�y yy
RT 150 December 19, 1985
Mr. Minsky: 1 would like to make a point that Commissioner Plummer might find
interesting. Should this meeting be deferred and the public hearing date be
set in January, there is a good possibility that you will be living with Mr.
Gould and Olympia York for a much longer time than you might have the
opportunity now. There is presently d contract purchaser for that piece of
property. The development amendments that dre being sought here are
conditions preceding to closing that contract to purchase. If we miss setting
the hearing date ...
Mr. Plummer: Wait a minute. I think you might have just talked me into
something. Is that true?
Mrs. Dougherty: Yes.
Mayor Suarez: Yes, we are talking about the Worth project and there is a lot
of interdependency ...
Mr. Plummer: I move Item 7!
Mr. Dawkins: Second.
Mr. Plummer: Oh ho, do I move it!
Mayor Suarez: And hearing no further discussion, call tiie roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1249
A RESOLUTION ESTABLISHING 3:30 P.M. THURSDAY, FEBRUARY 27,.
1986, AS THE DATE FOR A PUBLIC HEARING CONCERNING
AMENDMENTS TO AN EXISTING DEVELOPMENT ORDER FOR THE MIAMI
CENTER I PROJECT; A DEVELOPMENT ORDER OF REGIONAL IMPACT
LOCATED AT 100 CHOPIN PLAZA, AND DIRECTING THE CITY CLERK
TO NOTIFY APPROPRIATE AGENCIES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Cdrollo
Commissioner Rosario Kennedy
64. PLAT ACCEPTANCE: NIVENCO PARTNERSHIP TRACT.
Mayor Suarez: We have got to accept some deeds to the City of Miami. Agenda
item number 8.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mr. Plummer: Let the record reflect that we have no alternative but to
approve. It is another one of these things where you can't deny it, but you
have got to approve it, right?
Mrs. Dougherty: Right.
RT
151
December 19, 1985
si`=*vN t
Mr. Plummer: If that makes any sense to you, it doesn't to me - I don't know
why in hell it is on our agenda. I move item 8.
Mayor Suarez: Is there anyone here opposing that?
Mr. Pierce: We need to get the State law amended, get the Florida Statutes
amended, then we can take them off.
Mayor Suarez: I saw someone waving back there. It has been moved and
seconded. Hearing no further discussion, let's call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1250
A RESOLUTION ACCEPTING THE PLAT ENTITLED NIVENCO
PARTNERSHIP TRACT, A SUBDIVISION IN THE CITY OF MIAMI;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
*NOTE: Although absent on roll call, Commissioner
Carollo later asked of the Clerk to be shown as voting
with the motion.
PLAT ACCEPTANCE: MAJOBI VILLAS.
Mr. Plummer: Move agenda item 9.
Mr. Dawkins:
Mayor Suarez: Hearing no further discussion - it has been moved and seconded.
Hearing no one from the public who wants to be heard on this item, call the
roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1251
A RESOLUTION ACCEPTING THE PLAT ENTITLED MAJOBI
VILLAS, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
*NOTE: Although absent at roll call, Commissioner Carollo
later asked of the Clerk to be shown as voting with the motion.
NOES: None.
ABSENT: None.
66. PLAT ACCEPTANCE: DE GARMO ESTATES.
Mr. Plummer: Move agenda item 10.
Mr. Dawkins: Second.
Mr. Plummer: The same thing prevails.
Mayor Suarez: Hearing no one from the public that wants to make any
objection, let the record reflect there are 'no objectors - we have a motion
and a second and hearing no further discussion, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1252
A RESOLUTION ACCEPTING THE PLAT ENTITLED DE GARMO
ESTATES, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING
THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS
UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE
CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
t and adopted by the following vote-
t8ld �
RT 153 December 19 1985
1
AYES: Commissioner Joe Carollo*
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
*NOTE: Although absent on roll call, Commissioner Carollo later
asked of the Clerk to be shown as voting with the motion.
NOES: None.
ABSENT: Nona.
67. CONTINUATION OF PROPOSED FIRST READING ORDINANCE (AMENDMENT Q) TEXT
AMENDMENTS TO ARTICLE 15, SPI SPECIAL PUBLIC INTEREST DISTRICTS IN ORD.
9500.
Mayor Suarez: Agenda item 11.
Mr. Plummer: I move to deny.
Mr. Rodriguez: May I say something?
Mr. Plummer: No!
Mayor Suarez: Mr. Rodriguez, please ...
Mr. Dawkins: Second.
Mrs. Kennedy: Don't be intimidated, Sergio.
Mayor Suarez: ... I know we are all tired, but we do want to ...
Mr. Rodriguez: This item covers many definitions that we have to do to
correct the ordinance and there is one item which is controversial - which
that might the reason why you are upset.
Mr. Plummer: Mr. Mayor, let me go on record. I know that I have some
disagreements with some of my colleagues, but I will state my opinion. I am
opposed to this amendment as it stands because of the provisions that allow
the parking of boats in single family residences, in the front yard. I don't
think that a boat is a necessity. I think where we allow cars to be parked in
front yards, it was a necessity because people have to have a car for their
livelihood. There are no provisions in this ordinance, for example, that says
that if your front yard is five feet, that you can't provide five feet of boat
in your front yard. There is nothing that says if your boat is rotten and it
is an eyesore, that you have to remove it. I just personally feel that
aesthetically it is not a pleasant thing to me to have boats in the front
yard. Now, you know, and I am a boater myself and I love to have your boats
and there are people who can't afford possibly, to have it somewhere else, but
I just think that a boat is a luxury and as such, if you can afford the luxury
of the cost of the boat, that you can afford to have someplace to park it
other than in the front yard of your house, so ...
Mr. Carollo: J. L., I can understand it, but when you are talking about a
community like Miami and it is all water oriented, and you are talking a
little fifteen and one-half, sixteen foot boat today that is used and only
T
costs you $2,000, $3,000, if that - you know, we have to start being
reasonable.
Mr. Plummer: Well, Joe, I guess my problem is, chat is ordinance does not
provide for the fourteen or fifteen footers.
(y
r^}
Mr. Carollo: Why don't we defer the ordinance and then bring it back?
Mr. Plummer: I will agree to that.
RT
154
December 19, 1985
Mayor Suarez: Sounds like a great idea to me. I'd like to study it further
myself.
Mrs. Kennedy: I need more study also on this.
Mr. Plummer: I've got no problems either.
Mr. Rodriguez: The whole ordinance, or the section of the ordinance?
Mr. Plummer: The whole ordinance.
Mayor Suarez: The rest of the ordinance is clean up items, or ...?
Mr. Rodriguez: Should be fairly straight -forward, no problems.
Mr. Plummer: To be cleaned up in January.
Mayor Suarez: Why is there so much hesitation? Do we have any reason why we
need to have this before January?
Mr. Rodriguez: No, just to keep it moving.
Mr. Plummer; Because I didn't really go into the rest of the ordinance. I
got to that one and I quit reading. I would move that item 11 be deferred
until the January meeting.
Mr. Carollo: Second.
Mr. Pierce: January 23, continue it.
Mr. Plummer: Continued to a date certain.
Mayor Suarez: Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-125?
A MOTION CONTINUING TO THE JANUARY MEETING
CONSIDERATION OF PROPOSED FIRST READING ORDINANCE
(Amendment Q) CONTAINING VARIOUS TEXT AMENDMENTS TO
ORDINANCE 9500 AS WELL AS VARIOUS DEFINITIONS.
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.
ON ROLL CALL:
Mayor Suarez: You will be happy to hear, Sergio, that I am going to vote
"yes" on this and that will violate my long standing policy of not wanting any
briefings from Planning and 'Zoning, and ask for a briefing on this one.
1�Y
Mr. Rodriguez: Glad to see that you have come to the light!
NOTE FOR THE RECORD: Mayor Suarez recognized State Representative Luis Morse
in the audience.
�y ti
RT 155 December 19, 1985
110,
L
I
TgERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY C014NISSION9 THE
tSEETYNG WAS ADJOURNED AT 6:27 P.M.
ATTEST:
Matty Hirai
CITY CLERK
RT
Ravier L. Suarez
M A Y 0 R
•
156 December 19, 1985
IT3V OF Wool m I
DOCUMENT
MEETING DATE
DECEMBER 19, 1985
NDEXV�
DOClJ OIT IDENTIFICATION COMMISSION RETRIEYAI
ACTION AND CODE NO.
SET FORTH THE NAMES OF NEWSPAPERS IN WHICH 85-1182
CITY DEPARTMENTS AND OFFICES ARE INSTRUCTED
TO PUBLIS14 PUBLIC NOTICES AFTER JANUARY
1, 1985; ETC....
CLAIM SETTLEMENT: JAMES COX. $6,000. 85-1187
CLAIM SETTLEMENT: STATE OF ANNETTE SEVERE. 85-1188
$36, 500.
CLAIM SETTLEMENT: LUIS AND DELIA CALAMA. 85-1189
$60,000.
CLAIM SETTLEMENT: WALTER CANTALOW. $12,181.87. 85-1190
APPROVE A PERMIT TO DISPENSE BEER/WINE AT 85-1191
NO CHARGE IN CONNCTION WITH UNIVERSITY ALUMNI,
PICNICS (JANUARY 1, 1986, IN SEWELL AND
JOSE MARTI PARKS) IN CONNECTION WITH THE
ORANGE BOWL GAME.
CLOSE CERTAIN STREET TO THROUGH VEHICULAR
TRAFFIC DURING THE THREE KINGS FESTIVAL
AND PARADE TO TAKE PLACE ON JANUARY 11-12,
1986.
AUTHORIZE THE SALE OF BEER/WINE (BY PER—
FORMING —ARTS FOR COMMUNITY AND EDUCATION
INC., P.A.C.E.) IN CONNECTION WITH THE BIG
ORANGE FESTIVAL (FEBRUARY 2, 1986). FURTHER
THE CLOSURE OF CERTAIN STREET TO THROUGH
VEHICULAR TRAFFIC.
AUTHORIZE SALE OF BEER/WINE IN PEACOCK PARK
IN CONNECTION WITH KING MANGO STRUCK PARADE
(DECEMBER 29, 1985) AND THE CLOSURE OF CER—
TAIN STREET TO THROUGH VEHICULAR TRAFFIC.
GRANT A PERMIT BY THE FLORIDA DEPARTMENT
OF BUSINESS REGULATION, THE REQUEST OF THE
LATIN ORANGE FERTIVAL COUNCIL, INC. TO SELL
BEER/WINE (FIESTA BY THE BAY, DECEMBER 31,
1985 JANUARY 1, 1986).
ACCEPT THE COMPLETED WORK OF JOE REINERTSON
CO. INC., ($18,285.) FOR CITYWIDE SANITARY
SEWER REPLACEMENT — DOWNTOWN PHASE I, ETC....
ACCEPT THE COMPLETED WORK OF DOUGLAS N.
HIGGINS, INC. ($431,302.74) FOR WEST FLAGLER
STREET STORM SEWER MODIFICATIONS — B-5504,
ETC....
85-1192
85-1193
85-1194
85-1195
85-1196
85-1197
,DOCUMENT I INDEX
CONTINUED
DOCUMENT IDENTIFICATION
ACCEPT THE COMPLETED WORK OF P.N.M. CORPORA-
TION ($52,857.) FOR MANOR STORM SEWER PRO-
JECT (BID "A") - B-5503, ETC....
ACCEPT THE COMPLETED WORK OF WESTERN WATER-
PROOFING CO. OF AMERICA ($19,320.) FOR
FIRE RESCUE TRAINING CENTER - TRAINING
POOL REPAIR - B-2773 -A, ETC...
ACCEPT BID OF CUSHMAN ELECTRONICS TO FURNISH
ONE LEVELMETER TO THE DEPARTMENT OF BUILDING/
VEHICLE MAINTENANCE COMMUNICATION SERVICES
DIVISION ($5,495.00).
ACCEPT BID OF MOTOROLA COMMUNICATIONS AND
ELECTRONICS, INC. TO FURNISH ONE COMMUNICA-
TIONS SYSTEM ANALYZER TO THE DEPARTMENT
OF BUILDING/VEHICLE MAINTENANCE COMMUNICA-
TION SERVICES DIVISION ($17,825.00).
ORDER CITY WIDE HIGHWAY IMPROVEMENT - DISTRICT
- PHASE III H-4516.
AMEND ASSESSMENT ROLL FOR CONSTRUCTION
OF CITYWIDE 1981 SANITARY SEWER IMPROVEMENT
DISTRICT SR-5476C BY CORRECTING LEGAL DES-
CRIPTION OF PARCEL LAND, ETC....
AUTHORIZE/DIRECT TO EXECUTE AN INSTRUMENT
FORMALLY CANCELING AUGUST 27, 1971, COVE-
NANT TO RUN WITH THE LAND EXECUTED BY PHIL
AND SYLVIA WURTZEL AND LE-JEUNE PROPERTIES,
INC. (SUBDIVISION "LE JEUNE PROPERTIES"
90-31).
AUTHORIZE/DIRECT TO EXECUTE FORMALLY CANCEL-
ING SEPTEMBER 2,1971 COVENANT TO RUN WITH
THE LAND EXECUTED BY FRANK L. KLEBBA, RELA-
TING TO A TEMPORARY SANITARY SEWER FORCE
MAIN SERVING AT APARTMENT BUILDING - 1077
N.W. 44 AVENUE.
AUTHORIZE ACCEPTANCE OF SEVENTEEN DEEDS
OF DEDICATION FOR HIGHWAY PURPOSES .
AUTHORIZE THE RELOCATION OF COCONUT ADULT
PALMS FOR BAYFRONT PARK REDEVELOPMENT PROJECT.
85-1198
85-1199
85-1200
85-1201
85-1202
85-1203
85-1204
85-1205
85-1206
85-1207
OCUMENTINDEX
CONTINUED
DOCUMENT IDENTIFICATION
ALLOW TO SELL BEER/WINE IN CONNECTION WITH
THE CALLE OCHO OPEN HOUSE 8K RUN AND FESTI—
VAL, MARCH 7 — 9, 1986 AND THE CLOSURE
OF CERTAIN STREET TO THROUGH VEHICULAR
TRAFFIC; ETC...
ACCEPT BID OF PENINSULAR ELECTRIC CO.,
INC.($34,505.00) FOR BICENTENNIAL PARK
— PRIMARY ELECTRIC DUCT — 1985, ETC....
ACCEPT BID OF P.N.M. CORPORATION ($6,871,000.)
FOR BAYFRONT PARK REDEVELOPMENT — PHASE II.
RESCIND RESOLUTION 85-1040 WHICH AUTHORIZE
TO EXECUTE A CONTRACT WITH SUPERIOR SEAWALL
SERVICES INC. ($31,210.) FOR WAINWRIGHT
PARK BULKHEAD REPAIRS; AND AUTHORIZE CITY
MANAGER TO READVERTISE FOR NEW BIDS.
ALLOCATE $50,000. IN SUPPORT OF FIVE NATIONAL
TELECASTS FROM CITY OF MIAMI OF THE PHIL
DONAHUE SHOW (FEBRUARY, 1986).
SELECT PUBLIC RELATIONS/MARKETING CONSULT—
ANT FOR SOUTHEAST OVERTOWN/PARK WEST REDEVE—
LOPMENT PROJECT PHASE I ($60,000.).
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION
OF KIRKLAND SANITARY SEWER IMPROVEMENT
— DISTRICT — SR-5478C. (CENTERLINE).
ACCEPT THE COMPLETED WORK OF JOE REINERTSON
EQUIPMENT CO., INC. ($146,215.60) FOR CITY—
WIDE SANITARY SEWER IMPROVEMENT — ALLAPATTAH
INDUSTRIAL AREA — PHASE II, ETC...
ACCEPT THE COMPLETED WORK OF FRE CONSTRUCTION
CO. INC. ($737,814.51) FOR ALLAPATTAH INDUS—
TRIAL AREA HIGHWAY IMPROVEMENT — PHASE
I BIDS "A", B, C"; ASSESSING DAYS OVERRUN
OF CONTRACT TIME.
85-1208
85-1211
85-1212
85-1213
85-1214
85-1217
85-1218
85-1219
85-1220
a
11DOCUMENTINDEX
CONTINUED
DOCUMENT IDENTIFICATION
AUTHORIZE AN INCREASE OF $11,481.42 IN
THE CONTRACT WITH F AND L CONSTRUCTION,
INC. (MARCH 15, 1985) FOR THE CONSTRUCTION
OF CURTIS PARK ELDERLY MEALS FACILITY; ETC..
AUTHORIZE AN INCREASE OF $40,000. IN THE
CONTRACT WITH FRE CONSTRUCTION CO. (DECEMBER
18, 1984) FOR THE CONSTRUCTION OF EAST
LITTLE HAVANA HIGHWAY IMPROVEMENT — PHASE I;
ETC....
ENDORS POSITION OF FLORIDA CONGRESSIONAL
DELEGATION WICH URGE/SUPPORT PRESIDENT
REAGAN'S FURTHER IMPLEMENTATION OF FEDERAL
GOVERNMENT'S CONTAINMENT AND DENIAL POLICY
TOWARD THE COMMUNIST GOVERNMENT OF CUBA
UNDER FIDEL CASTRO; ETC....
REQUEST A STATE APPROPRIATION OF $1.5 MILLION
AS A CONSTRIBUTION TOWARD THE CONSTRUCTION
OF CLAUDE PEPPER FOUNTAIN TO BE CONSTRUCTED
AT BAYFRONT PARK.
AUTHORIZE TO EXECUTE AN AGREEMENT FOR THE
CONSTRUCTION OF WATER AND SANITARY SEWAGE
FACILITIES AND FOR THE PROVISION OF WATER
AND SEWAGE DISPOSAL SERVICES FOR BAYSIDE
SPECIALTY CENTER AND PARKING GARAGE.
AUTHORIZE TO EXECUTE A MEMORANDUM OF INTENT
WITH THE KNIGHT FOUNDATION CONFIRMING GRANT
($658,171.) FOR THE CITY CONSTRUCTION OF
THE TOWER OF LIGHT AND LIGHTING SYSTEM
WITHIN BAYFRONT PARK.
AUTHORIZE TO NEGOTIATE AN AGREEMENT WITH
THE UNITED STATES ARMY CORPS OF ENGINEERS
CONVEYING A 400 FOOT BY 60 FOOT PORTION
OF BAYFRONT PARK.
AUTHORIZE TO EXECUTE AN AGREEMENT WITH
MR. AND MRS. LEE HILLS, SETTING FORTH THE
TERM/CONDITIONS FOR ACCEPTANCE OF GRANT
($110,000. FROM LEE AND TINA HILLS FOR
THE CONSTRUCTION OF SEVEN PLAY SCULPTURES
IN BAYFRONT PARK; ETC...
AMEND SECTION I OF RESOLUTION 85-1082 (OCTOBER
24, 1985) WICH AUTHORIZED EMPLOYMENT OF
SPECIAL COUNSEL (GEORGE F. KNOX, ESQ.)
TO TWO CITY BOARDS BY SUBSTITUTING THE
NAME OF MARK A. VALENTIN.
85-1221
85-1222
85-1225
85-1227
85-1228
85-1229
85-1230
85-1231
85-1232
�DOCUNIENTI NDEX
CONTINUED
DOCUMENT IDENTIFICATION I amn r•nr,F ntn_
ALLOCATE $300,000. TO THE LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS OF DADE
COUNTY, INC. FOR ACQUIRING A BUILDING LOCATED
AT 700 S.W. 8TH STREET; ETC...
AUTHORIZE TO EXECUTE THE NEGOTIATED AGREEMENT
WITH RODRIGUEZ KHULY QUIROGA ARCHITECTS
TO PROVIDE PROFESSIONAL SERVICES TO DESIGN
DEVELOPMENT PLAN/DESIGN CRITERIA MANUAL
(S.W. 10TH STREET FROM S.W. 1ST AVENUE TO
BRICKELL AVENUE.
ADOPT IN PRINCIPLE N.W. SOUTH RIVER DRIVE
DESIGN CONCEPT; ESTABLISH GUIDELINES FOR
THE RECONSTRUCTION OF N.W. NORTH RIVER DRIVE
AND LUMMUS PARK/PIONEER CLUB WATERFRONT
PROPERTIES.
AUTHORIZE TO EXECUTE AN AGREEMENT WITH THE
SOUTH FLORIDA REGIONAL PLANNING COUNCIL
DEFINING THE APPROACH AND PROCEDURES FOR
UNDERTAKING A DEVELOPMENT OF REGIONAL IMPACT
APPLICATION FOR DEVELOPMENT APPROVAL FOR
THE DOWNTOWN AREA.
CO -DESIGNATE NORTH 62ND STREET BERWEEN INTER-
STATE HIGHWAY - I-95 AND N.E. 2ND AVENUE
AND BISCAYNE BAY AS "DR. MARTIN LUTHER KING
BOULEVARD; ETC...
EXPRESS THE INTENT TO PROCEED WITH THE DEVE-
LOPMENT OF A MULTIFAMILY RENTAL HOUSING
PROJECT AND FINANCING OF 415 UNITS THROUGH
THE ISSUANCE OF MULTIFAMILY MORTGAGE REVENUE
BONDS ($24,000,000.)
APPOINT: T. WILLARD FAIR TO THE BOARD OF
TRUSTEES OF CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST.
APPOINT ELBA E. MORALES, AND GEORGE LAMBERT
SANDS TO SERVE AS REGULAR MEMBERS; AND OSVAL-
DO A. MORAN-RIBEAUX TO SERVE AS ALTERNATE
MEMBER MEMBER OF THE ZONING BOARD (ENDING
DECEMBER 31,1986.
85-1234
85-1235
85-1236
85-1237
85-1239
85-1240
85-1246
0 MEN 11ND X
CU T E
C INUED
ONT
COMMISSION RETRIEVAL
DOCUMENT IDENTIFICATION f.r•.ntn*r a*rn nnnv ern
DIRECT CITY CLERK TO TRANSMIT FIVE COPIES
85-1248
OF A PROPOSED AMENDMENT TO THE MIAMI COMPRE-
HENSIVE NEIGHBORHOOD PLAN 1976-1986 FOR
PROPERTY LOCATED AT 3471 MAIN HIGHWAY TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
FOR COMMENTS; ETC...
ESTABLISH 3:30 P.M. THURSDAY, FEBRUARY 27,
85-1249
1986, AS THE DATE OF PUBLIC HEARING CONCERN-
ING AMENDMENTS TO AN EXISTING DEVELOPMENT
ORDER FOR THE MIAMI CENTER I PROJECT AT
CHOPIN PLAZ, ETC...
ACCEPT PLAT OF NIVENCO PARTNERSHIP TRACT
85-1250
p
AND THE DEDICATION SHOWN ON SAID PLAT.
ACCEPT PLAT OF MAJOBI VILLAS (SUBDIVISION
85-1251
OF CITY OF MIAMI AND THE DEDICATION SHOWN
ON SAID PLAT.
ACCEPT PLAT OF DE GARMO ESTATES (SUBDIVISION
OF CITY OF MIAMI) AND THE DEDICATION SHOWN
ON SAID PLAT.
85-1252