HomeMy WebLinkAboutCC 1988-07-14 MinutesCITY OF mi mi
OF MEETING HELD ON JULY 14, 1988
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
ITEM
NO.
1.
7
3.
4.
4B.1
4B.2
INDEX
MINUTES OF R900LAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
JULY 14, 1988
------------------------------------------------
SUBJECT LEGISLATION
PLAQUES, PRESENTATIONS AND SPECIAL
ITEMS.
DISCUSSION AND TEMPORARY TABLE
CONSIDERATION OF PROPOSED RESOLUTION
AUTHORIZING PURCHASE OF PROPERTY AND
EXECUTION OF AGREEMENT IN CONNECTION
WITH CAMILLUS HOUSE (See label 19).
DISCUSSION ITEM: COMMISSIONER PLUMMER
EXPRESSES CONCERN THAT METRO-DADE
COUNTY HAS NOT PAID CITY OF MIAMI FOR
NEW PORT BRIDGE PROPERTY OR THE
$250,000 FOR ARENA RAILROAD CROSSING.
(A) PULL FROM CONSENT AGENDA ALL ITEMS
REFERENCED IN CITY ATTORNEY'S
MEMORANDUM. (B) CONSENT AGENDA.
AGREEMENT WITH LITTLE HAVANA
DEVELOPMENT AUTHORITY, INC. AND SMALL
BUSINESS OPPORTUNITY CENTER, INC. TO
IMPLEMENT A COMMERCIAL FACADE PROGRAM.
ACCEPT PLAT: NAPOLEON PLACE.
4B.3
ACCEPT $13,700 DONATION FROM LAND
AUTHORITY OF PUERTO RICO IN SUPPORT OF
LOTUS JUICES SUMMER OLYMPICS.
4B.4
ACCEPT BID: TRW ELEVATOR SERVICES,
INC. - ELEVATOR MAINTENANCE TO
DEPARTMENT OF G.S.A.
4B.5
ACCEPT BIDS: SEARS TIRE AND TRUCK
CENTER AND CONTINENTAL BATTERIES -
SERVICING NEEDS OF DEPARTMENT OF
G.S.A./FLEET MANAGEMENT DIVISION.
4B.6
ACCEPT BIDS: SOLO AIR CONDITIONING AND
HEATING, INC. AND A ALL MAJOR BRANDS
CORPORATION - LABOR AND MATERIALS
REGARDING REPLACEMENT OF ROOF TOP AIR
CONDITIONING UNITS AT TWO FIRE
STATIONS.
4B.7
ACCEPT BID: JUELLE, INC. - DEMOLITION
SERVICES TO DEPARTMENT OF PARKS,
RECREATION AND PUBLIC FACILITIES.
4B-8
ACCEPT BID: MIAMI FIRE EQUIPMENT - FOR
FURNISHING 300 FIRE EXTINGUISHERS FOR
DEPARTMENT OF POLICE.
413-9
ACCEPT BID: STANCIL CORPORATION - FOR
FURNISHING 400 REELS OF 1" RECORDING
TAPE FOR DEPARTMENT OF POLICE.
DISCUSSION
7/14/88
DISCUSSION
7/14/88
PAGE
NO.
1
1-9
DISCUSSION 10-11
7/14/88
M 88-597
7/14/88
R 88-598
7/14/88
R 88-599
7/14/88
R 88-600
7/14/88
R 88-601
7/14/88
R 88--602
7/14/88
R 88-603
7/14/88
11-13
13
13
13-14
14
14
15
R 88-604 15
7/14/88
R 88-605 15
7/14/88
R 88-606 16
7/14/88
11
4B.10
ACCEPT BID: BUFFALO RANGE, INC. - FOR
R 88-607
16
FURNISHING 9MM AMMUNITION FOR
7/14/88
DEPARTMENT OF POLICE.
4B.11
ACCEPT EXTENSION OF CONTRACT WITH
R 88-608
16
INTERAMERICAN CAR RENTAL, INC. - TO
7/14/88
PROVIDE APPROXIMATELY 70-80 RENTAL CARS
TO POLICE DEPARTMENT. (SEE LABEL 7)
4B.1.2
ACCEPT EXTENSION OF CONTRACT WITH (a)
R 88-609
17
DR. RICHARD TEMPLETON FOR VETERINARY
7/14/88
SERVICES, AND (b) KNOWLES ANIMAL
HOSPITAL - FOR SERVICES TO MOUNTED
PATROL HORSES AND K-9 UNIT DOGS IN
POLICE DEPARTMENT.
4B.13
ACCEPT EXTENSION OF CONTRACT WITH TERRY
R 88-610
17
PARKE - FOR BLACKSMITH/FARRIER SERVICES
7/14/88
TO MOUNTED PATROL HORSES IN POLICE
DEPARTMENT.
4B.14
ACCEPT BID: MAN -CON INC. - FOR EAST
R 88-611
17
LITTLE HAVANA SANITARY SEWER
7/14/88
REPLACEMENT PROJECT - PHASE II B-5538.
4B.15
AUTHORIZE EXTENSION OF CONTRACT WITH
R 88-612
18
MIAMI DADE COMMUNITY COLLEGE FOR THE
7/14/88
CITY'S RENDERING OF IN-SERVICE FIRE
TRAINING.
4B.16
INCREASE ALLOCATIONS TO THE BELAFONTE
R 88-613
18
TACOLCY CENTER, INC. AND TO YOUTH CO-
7/14/88
OP, INC. - FOR IMPLEMENTATION AND
OPERATION OF 1988 SUMMER YOUTH
EMPLOYMENT AND TRAINING PROGRAM.
4B.17
ALLOCATE FUNDS AND AUTHORIZE EXECUTION
R 88-614
18
OF AGREEMENT WITH SOCIAL SERVICE
7/14/88
AGENCIES FOR APPROVED FOOD PROJECTS.
4B.18
AMEND AGREEMENT WITH CONSULTING FIRM OF
R 88-615
18-19
SHEPARD, LOBE, COSTA, INC. - ORDER
7/14/88
5,000 ADDITIONAL COPIES OF MARKETING
AND PROMOTION PACKAGE.
4B.19
AUTHORIZE CITY MANAGER TO EXECUTE AN
R 88-616
19
AGREEMENT WITH BAYSIDE MINORITY
7/14/88
FOUNDATION - IMPLEMENTING TECHNICAL
ASSISTANCE PROGRAM FOR SMALL AND
DISADVANTAGED BUSINESS AT BAYSIDE.
4B.20
RATIFY CITY MANAGER'S ACCEPTANCE OF A
R 88-617
19
GRANT FROM U.S. DEPARTMENT OF HEALTH
7/14/88
SERVICES (TITLE XX) THROUGH METRO-
DADE - TO PROVIDE CHILD DAY CARE
SERVICES TO CHILDREN FROM LOW INCOME
FAMILIES.
4B.21
APPROVE EXTENSION OF EMPLOYMENT:
R 88-618
19-20
RICARDO R. ACOSTA.
7/14/88
4B.22
ACCEPT COMPLETED WORK: FIREPAK, INC. -
R 88-619
20
FOR MIAMARINA RENOVATION - PHASE II.
7/14/88
4B.23
ACCEPT COMPLETED WORK: SEA AIR
R 88-620
20
MECHANICAL, INC. - FOR CITY HALL AIR
7/14/88
CONDITIONING IMPROVEMENT.
r w
4B.24 ACCEPT COMPLETED WORK: ROSE ENGINEERING R 88-621
CONTRACTORS - FOR LOCAL DRAINAGE 7/14/88
PROJECT E-56.
4B.25 ORDERING RESOLUTION: NW 36TH STREET R 88-622
SANITARY SEWER IMPROVEMENT SR-5549-C 7/14/88
(CENTERLINE) - DESIGNATING PROPERTY FOR
SPECIAL ASSESSMENTS.
4B-26 CLAIM SETTLEMENT: CHARLES AND PAMELA R 88-623
MATHER. 7/14/88
4B-27 AUTHORIZE ACQUISITION OF THREE PARCELS R 88-624
OF LAND WITHIN ALLAPATTAH COMMUNITY 7/14/88
DEVELOPMENT TARGET AREA - TO DEVELOP
AFFORDABLE HOUSING TO LOW AND MODERATE
INCOME FAMILIES.
4B.28 AUTHORIZE ACQUISITION OF ONE PARCEL OF R 88-625
LAND WITHIN MODEL CITY COMMUNITY 7/14/88
DEVELOPMENT TARGET AREA - TO DEVELOP
AFFORDABLE HOUSING TO LOW AND MODERATE
INCOME FAMILIES.
4B.29 REQUEST METRO-DADE TO TRANSFER TITLE OF
PUBLICLY -OWNED MELROSE NURSERY SITE TO
THE CITY OF MIAMI - ESTABLISH
$1,200,000 AS REIMBURSEMENT TO THE CITY
FOR USE OF THE MELROSE NURSERY SITE BY
MELROSE TOWNHOME DEVELOPMENT, INC. -
FOR HOUSING DEVELOPMENT.
4B.30 AUTHORIZE MANAGER TO NEGOTIATE PURCHASE
OR ACQUIRE THROUGH EMINENT DOMAIN,
PROPERTY LOCATED BETWEEN NW 1ST AVENUE
AND NW 2ND AVENUE AT 34TH TERRACE - TO
DEVELOP A PUBLIC PARK. (NOTE: THIS
ITEM WAS LATER RECONSIDERED AND
ULTIMATELY PASSED AND ADOPTED - SEE
LABELS 38 (A) AND (B).
R 88-626
7/14/88
R 88-627
7/14/88
4B.31 APPROVE IN PRINCIPLE MASTER DESIGN PLAN R 88-628
FOR BISCAYNE BOULEVARD (PREPARED BY 7/14/88
ROBERTO BURLE-MARX).
4B.32 APPROVE ISSUANCE BY THE CITY OF MIAMI R 88-629
HEALTH FACILITIES AUTHORITY OF HOSPITAL 7/14/88
REVENUE REFUNDING BONDS (MERCY HOSPITAL
PROJECT-$30,000,000) (Note for
Record: Commissioner J. L. Plummer
abstained from voting on this item.)
4B.33 AUTHORIZING STREET CLOSURES AND R 88-630
ESTABLISHING AREA PROHIBITED TO RETAIL 7/14/88
PEDDLERS FOR PUERTO RICAN DAY
CONSTITUTIONAL CELEBRATION JULY 23,
1988.
4B.34 AUTHORIZING STREET CLOSURES AND R 88-631
ESTABLISHING AN AREA PROHIBITED TO 7/14/88
RETAIL PEDDLERS FOR GUSMAN CENTER FOR
THE PERFORMING ARTS SEASON OPENER
SEPTEMBER 7, 1988.
5. ACCEPT PROPOSAL BY U.S. IMPRESSION INC. R 88-632
TO PUBLISH A FREE ECONOMIC PROFILE OF 7/14/88
CITY/COUNTY.
20
20
21
21
21
22
22
22
22-23
23
23
23-24
S C'
6.
DISCUSSION AND TEMPORARY DEFERRAL OF
DISCUSSION
25-26
PROPOSED ALLOCATION OF FUNDS FOR
7114188
"CAREER CRIMINAL PROGRAM (See labels 8
and 40)
7.
BRIEF COMMENTS CONCERNING
DISCUSSION
26-27
CONTRACT FOR RENTAL OF
7/14/88
AUTOMOBILES FOR POLICE DEPARTMENT
(SEE LABEL 4)
8.
CONTINUED DISCUSSION AND
DISCUSSION
27
TEMPORARY DEFERRAL OF PROPOSED
7/14/88
ALLOCATION OF FUNDS FOR "CAREER
CRIMINAL PROGRAM" (SEE LABELS 6
AND 40)
9.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
28-30
OF PROPOSED "PROJECT CITY VIEW"
7/14/88
BY POLICE DEPARTMENT (SEE LABEL
41)
10.
APPROVE TRADE-IN OF B-21 MICROCOMPUTERS
R 88-633
31-35
TOWARD PURCHASE OF B-25 MICROCOMPUTERS
7/14/88
FROM UNISYS CORPORATION.
11.
AUTHORIZE PURCHASE OF ADDITIONAL
R 88-634
35
MICROCOMPUTERS AND PERIPHERAL EQUIPMENT
7/14/88
FROM UNISYS
12.
APPROVE PURCHASE OF SWEEPERS FROM
R 88-635
36-37
METRO -TECH EQUIPMENT CORPORATION UNDER
7/14/88
AN EXISTING CORAL GABLES BID
13.
BRIEF COMMENTS CONCERNING OFFICERS WHO
DISCUSSION
37
DONATED SERVICES FOR FUNERAL PROCESSION
7/14/88
FOR CHELSEA WILEY
14.
ACCEPT BID OF FORD BUSINESS FORMS FOR
R 88-636
38-40
4000 SECOND HAND DEALER BOOKLETS FOR
7/14/88
POLICE DEPARTMENT (SEE LABEL 44)
15.
ACCEPT BIDS OF TWELVE SUPPLIERS FOR
R 88-637
41-42
OFFICE SUPPLIES.
7/14/88
16.
ACCEPT BID OF C.O.B.A.D. CONSTRUCTION
R 88-638
42-64
CORP. FOR SOUTH DISTRICT (LITTLE
7/14/88
HAVANA) POLICE SUBSTATION.
17,
DISCUSSION CONCERNING GUARD FOR POLICE
DISCUSSION
55-56
SUBSTATION SECURITY.
7/14/88
18.
OPENED BIDS FOR CONSTRUCTION OF EAST
M 88-639
56-57
LITTLE HAVANA HIGHWAY IMPROVEMENTS
7/14/88
PHASE II B-4528
19.
CITY MANAGER TO NEGOTIATE WITH BROTHER
M 88-640
57-73
PAUL IN CONNECTION WITH PURCHASE OF
7/14/88
CAMILLUS HOUSE (See label 2)
20.
DISCUSSION IN CONNECTION WITH
DISCUSSION
73-74
CODESIGNATION OF NW 69 STREET AS "JOHN
7/14/88
HENRY PEAVY JR. STREET."
21.
PRESENTATION OF PLAQUE TO COMMISSION
DISCUSSION
74
FOR MIAMI ARENA.
7/14/88
22.
PRESENTATION BY LOTUS JUICES SPONSORING
DISCUSSION
75
SUMMER OLYMPICS. (ADOPT THE PARK
7/14/88
PROGRAM)
23. BRIEF COMMENTS IN CONNECTION WITH DISCUSSION 75
ALLEGED DISCRIMINATION IN THE POLICE 7/14/88
DEPARTMENT - TO BE SCHEDULED IN NEXT
AGENDA.
24.
COMMISSION EXPRESS SUPPORT OF AMERICAN
R 88-641
75-76
HERITAGE TRUST ACT.
7/14/88
25.
RESCIND CONTRACT WITH URBAN SOUTH, INC.
R 88-642
76-77
AND ACCEPT BID OF TARAFA CONSTRUCTION
7/14/88
FOR VIRGINIA KEY IMPROVEMENTS -
LIFEGUARD FACILITIES.
26.
AUTHORIZE EXECUTION OF AGREEMENT WITH
R 88-643
77-78
GREATER MIAMI NEIGHBORHOODS INC. TO
7/14/88
PROVIDE FINANCIAL AND TECHNICAL SUPPORT
CO COMMUNITY BASED CORPORATIONS FOR
AFFORDABLE HOUSING (See labels 30 and
69)
27.
AUTHORIZE CONTRACT WITH MIAMI CAPITAL
R 88-644
78-80
DEVELOPMENT CORPORATION INC. TO
7/14/88
INCREASE REVOLVING LOAN FUND OF WHICH
$83,500 WILL BE USED FOR MINORITY
IMPORT/EXPORT REVOLVING LOAN FUND
PROGRAM.
28.
DEFER CONSIDERATION OF PROPOSED
DISCUSSION
80-81
ALLOCATIONS TO "BLACK ARCHIVES
7/14/88
HISTORY AND RESEARCH FOUNDATION"
FOR HISTORIC PRESERVATION PROJECT
AND "JEWISH FAMILY SERVICES" FOR
ELDERLY CRIME VICTIMS PROGRAM.
29.
DEFER CONSIDERATION OF PROPOSED
DISCUSSION
81-84
CONTRACT WITH DAVID M. GRIFFITH AND
7/14/88
ASSOCIATES TO PREPARE CENTRAL SERVICES
COST ALLOCATION PLAN
30.
RECONSIDER PRIOR VOTE ON AND WITHDRAW
M 88-645
84-85
AGREEMENT WITH GREATER MIAMI
7/14/88
NEIGHBORHOODS INC. TO PROVIDE FINANCIAL
AND TECHNICAL SUPPORT TO COMMUNITY
BASED CORPORATIONS FOR AFFORDABLE
HOUSING (See labels 26 and 69).
31.
A. AUTHORIZE PURCHASE FROM PEOPLES
R 88-646
85-90
NATIONAL BANK ITS LOAN TO HAITIAN TASK
M 88-647
FORCE, INC. FOR CARIBBEAN MARKETPLACE
7/14/88
PROJECT.
B. INSTRUCT TRANSFER TO ANOTHER BANK
ALL FUNDS ON DEPOSIT WITH PEOPLE'S
NATIONAL BANK IF SAID BANK BILLS THE
CITY FOR ITS LOAN TO HAITIAN TASK FORCE
(THE CARIBBEAN MARKETPLACE PROJECT)
32.
DISCUSSION CONCERNING MIAMI CAPITAL
DISCUSSION
90-93
DEVELOPMENT, INC. CITYWIDE SMALL
7/14/88
BUSINESS DEVELOPMENT PILOT PROGRAM
33.
ACCEPT GRANT FOR THE ORGANIZATION OF
R 88-648
94-95
AMERICAN STATES FOR INTERNATIONAL
7/14/88
ARTIST SERIES, PANAMERICAN HALL CONCERT
SERIES
34.
AUTHORIZE AMENDMENT TO PERMIT ISSUED TO
R 88-649
95-97
UNITED STATES YACHT RACING UNION FOR
7/14/88
OPERATION OF "OLYMPIC SAILING AND
TRAINING CENTER" AT KENNEDY PARK.
f
35.
AUTHORIZE REQUEST FOR BIDS FROM PRIVATE
R 86-650
CONTRACTORS FOR CONSTRUCTION OF
7/14/88
RESIDENTIAL UNITS ON TWO CITY -OWNED
PARCELS IN WYNWOOD.
36,
APPROVE AND ESTABLISH $510,000 AS
R 88-651
REIMBURSEMENT TO CITY FOR PUBLICLY-
7/14/88
OWNED CIVIC CENTER SITE BY "CODEC,
INC." IN CONNECTION WITH AFFORDABLE
HOUSING.
37.
CLOSE STREETS FOR "SPORTS AID 88
R 88-652
RUNNING SERIES"
7/14/88
38.
A. RECONSIDER PRIOR VOTE CONCERNING
M 88-653
PURCHASE OR EMINENT DOMAIN ON PROPERTY
R 88-654
GENERALLY LOCATED BETWEEN N.W. 1 AVENUE
7/14/88
AND N.W. 2 AVENUE AT N.W. 34 TERRACE.
B. AUTHORIZE ACQUISITION BY PURCHASE
OR EMINENT DOMAIN ON PROPERTY GENERALLY
LOCATED BETWEEN N.W. 1 AVENUE AND N.W.
2 AVENUE AT N.W. 34 TERRACE FOR
DEVELOPING A PUBLIC PARK (SEE LABEL 4).
39.
DISCUSSION AND TEMPORARY DEFERRAI. OF
DISCUSSION
CONSIDERATION OF RECOGNITION OF IGLESIA
7/14/88
CATOLICA ANGLICANA SANTA BARBARA AS TAX
EXEMPT (SEE LABEL 42)
40.
ALLOCATE $35,000 FROM LAW ENFORCEMENT
R 88-655
TRUST FUND FOR IMPLEMENTATION OF THE
7/14/88
CAREER CRIMINAL PROGRAM BY THE POLICE
DEPARTMENT (SEE LABELS 6 AND 8).
41.
ALLOCATE $5,000 FROM LAW ENFORCEMENT
R 88-656
TRUST FUND FOR IMPLEMENTATION OF PILOT
7/14/88
PROGRAM ENTITLED "PROJECT CITY VIEW" BY
POLICE DEPARTMENT (SEE LABEL 9).
42.
CONTINUED DISCUSSION AND DEFERRAL OF
DISCUSSION
CONSIDERATION OF RECOGNITION OF IGLESIA
7/14/88
CATOLICA ANGLICANA SANTA BARBARA AS TAX
EXEMPT (SEE LABEL 39).
43.
EMERGENCY ORDINANCE: ESTABLISH FUND
ORDINANCE
"MIAMI POLICE CRACK COCAINE" AND
10451
APPROPRIATING FUNDS FOR SAME.
7/14/88
44.
BRIEF DISCUSSION CONCERNING SECOND HAND
DISCUSSION
DEALER BOOKLETS FOR POLICE DEPARTMENT
7/14/88
(SEE LABEL 14)
45.
A. EMERGENCY ORDINANCE: INCREASE
ORDINANCE
CERTAIN FEES FOR REPRODUCTION OF
10452
RECORDS, PLANS AND MAPS
ORDINANCE
B. EMERGENCY ORDINANCE: INCREASE FEES
10453
AND MAKING CORRECTIONS FOR EXAMINATION
7/14/88
OF PLANS FOR COMPLIANCE WITH THE ZONING
ORDINANCE AND FOR ZONING CERTIFICATES
OF USE.
46.
EMERGENCY ORDINANCE: CHANGE REQUIRED
ORDINANCE
NOTIFICATION FOR PUBLIC HEARINGS TO
10454
MINIMUM REQUIREMENTS OF STATE STATUTES
7/14/88
(SEE LABEL 50)
97-98
98-99
99-101
101-105
105-106
106-112
112-114
114-115
115-119
119-121
121-124
124-126
r
0
47.
EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE
126-130
THREE NEW SPECIAL FUNDS: "JTPA
10455
TITLE I/OLDER WORKER (FY 89)."
7/14/88
"JTPA TITLE IIA/NEIGHBORHOODS
JOBS PROGRAM (FY189), it AND
"OFFICE OF INTERGOVERNMENTAL
LIAISON ("FY'89) AND
APPROPRIATING FUNDS FOR EACH.
48.
MANAGER TO WORK WITH STATE
M 88-657
130-133
REPRESENTATIVE LUIS MORSE FOR FUNDS FOR
7/14/88
CONSTRUCTION OF A CHILD DAY CARE CENTER
IN ALLAPATTAH, POSSIBLY USING PARK SITE
AROUND NW 16 STREET AND 16 AVENUE.
49.
DISCUSSION IN CONNECTION WITH STATE
DISCUSSION
133-134
REPRESENTATIVE LUIS MORSE'S REQUEST FOR
7/14/88
AMBULATORY DAY CARE CENTER IN LITTLE
HAVANA.
50.
CITY ATTORNEY CORRECTLY READS TITLE OF
DISCUSSION
134
EMERGENCY ORDINANCE CHANGING REQUIRED
7/14/88
NOTIFICATION FOR PUBLIC HEARINGS TO
MINIMUM REQUIREMENTS OF STATE STATUTES.
(See lael 46)
51.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
134-136
PROJECT "SECOND MORTGAGE HOME LOAN POOL
10456
PROJECT" AND APPROPRIATE FUNDS FOR
7/14/88
SAME.
52.
DISCUSSION IN CONNECTION WITH THE
DISCUSSION
136-148
INVESTIGATION AND AUDIT OF THE CUBAN
7/14/88
MUSEUM.
53.
APPROVE $9,000 FOR OVERTOWN SEND -A -KID
M 88-658
149-150
TO CAMP PROGRAM.
7/14/88
54.
EMERGENCY ORDINANCE: INCREASE
ORDINANCE
150-152
APPROPRIATIONS TO PARKS DEPARTMENT FOR
10457
BAYFRONT PARK MANAGEMENT TRUST.
7/14/88
55.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
153
CONCERNING MEMBERSHIP OF THE MIAMI
10458
GENERAL EMPLOYEES AND SANITATION
7/14/88
EMPLOYEES RETIREMENT TRUST.
56. 1
SECOND READING ORDINANCE: CREATING THE
ORDINANCE
154
MIAMI WATERFRONT ADVISORY BOARD.
10459
7/14/88
56.2
DISCUSSION CONCERNING APPOINTMENTS TO
DISCUSSION
154-155
THE BOARD OF THE DOWNTOWN DEVELOPMENT
7/14/88
AUTHORITY (DDA)
57.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
156
RATES OF OFF STREET PARKING METERS,
10460
GARAGES AND LOTS.
7/14/88
58.
APPROVE ANNUAL BUDGET OF DEPARTMENT OF
R 88-659
157-158
OFF-STREET PARKING FY 88-89.
7/14/88
59.
APPROVE ANNUAL BUDGET FOR GUSMAN CENTER
R 88-660
158-163
AND OLYMPIA BUILDING FY 88-89.
7/14/88
60.
APPROVE ANNUAL BUDGET OF WORLD
R 88-661
163-166
TRADE CENTER GARAGE FY 88-89.
7/14/88
61.
APPROVE ANNUAL BUDGET OF DOWNTOWN
R 88-662
166-170
GOVERNMENT CENTER GARAGE FY 88-89
7/14/88
0
6
62.
SECOND READING ORDINANCE: IMPOSING A
ORDINANCE
170-171
DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE
10461
TO ACCOMMODATE REGIONAL IMPACTS OF NEW
7/14/88
DOWNTOWN DEVELOPMENT
63.
EMERGENCY ORDINANCE: APPROPRIATE
ORDINANCE.
171-173
$155,000 FROM BRICKELL AREA HOUSING
10462
TRUST FUND FOR LOAN TO DOWNTOWN
7/14/88
DEVELOPMENT SUPPLEMENTAL FEE SPECIAI.
REVENUE FUND
64.
AUTHORIZE AMENDMENT TO AGREEMENT WITH
R 88-663
173-179
JOYCE MEYERS FOR CONSULTANT FEES IN
7/14/88
CONNECTION WITH THE DOWNTOWN
DEVELOPMENT OF REGIONAL IMPACT AND
MASTER PLAN
65.
AUTHORIZE PAYMENT TO BLACKWELL, WALKER,
R 88-664
180-189
FASCELL, AND HOEHL FOR LEGAL SERVICES
7/14/88
BY ROBERT N. SECHEN, SPECIAL COUNSEL,
FOR DOWNTOWN DEVELOPMENT OF REGIONAL
IMPACT PROJECT AND THE SOUTHEAST
OVERTOWN/PARK WEST DEVELOPMENT OF
REGIONAL IMPACT PROJECT
66.
AUTHORIZE PAYMENT TO DAVID PLUMMER AND
R 88-665
189-190
ASSOCIATES, INC. FOR SERVICES IN
7/14/88
CONNECTION WITH THE DOWNTOWN
DEVELOPMENT OF REGIONAL IMPACT PROJECT.
67.
DENY APPEAL AND UPHOLD DECISION
R 88-666
190-210
OF ZONING BOARD TO APPROVE VALET
7/14/88
PARKING FOR PROPOSED OFFICE
BUILDING AT 2701 DAY AVENUE.
68.
DENY APPEAL AND UPHOLD DECISION OF
R 88-667
210-219
ZONING BOARD TO APPROVE CLASS C SPECIAL
7/14/88
PERMIT FOR PROPOSED OFFICE BUILDING AT
2701 DAY AVENUE.
69.
AUTHORIZE EXECUTION OF AGREEMENT WITH
R 88-668
220-221
GREATER MIAMI NEIGHBORHOODS INC. TO
7/14/88
PROVIDE FINANCIAL AND TECHNICAL SUPPORT
TO COMMUNITY BASED CORPORATIONS FOR
AFFORDABLE HOUSING (See labels 26 and
30)
70.
DIRECT ADMINISTRATION TO PREPARE
M 88-669
221
REQUEST FOR PROPOSALS (RFP) ON BUS
7/14/88
SHELTERS.
71.
ACCEPT BID OF NICO INDUSTRIES INC. FOR
R 88-670
222-238
COCONUT GROVE EXHIBITION CENTER
7/14/88
EXPANSION AND RENOVATION.
72.
(A) APPOINT PEDRO PELAEZ, KEN ALBANO,
M 88-671
239-241
STEVE SUAREZ, GEORGE KNOX, AND MONTY
ORDINANCE
TRAINER TO THE MIAMI SPORTS AND
FIRST READING
EXHIBITION AUTHORITY. (B) FIRST READING
7/14/88
ORDINANCE: INCREASE COMPOSITION OF
MIAMI SPORTS AND EXHIBITION AUTHORITY
TO ELEVEN MEMBERS.
73.
FIRST READING ORDINANCE: AUTHORIZE
ORDINANCE
242-244
ISSUANCE OF $40,000,000 STREET AND
FIRST READING
HIGHWAY IMPROVEMENT BONDS AND
7/14/88
$10,000,000 WATERFRONT IMPROVEMENT
BONDS.
74.
(A) FIRST READING ORDINANCE: AUTHORIZE
ORDINANCE
245446
A BONb ELECTION ON NOVEMBER 8, 1988
FIRST READING
WITH RESPECT TO $40,000,000 STREET AND
M 88-672
HIGHWAY IMPROVEMENT BONDS AND
7/14/88
$10,000,000 WATERFRONT IMPROVEMENT
BONDS. (B) CITY MANAGER TO PREPARE
PROPOSED EDUCATIONAL PROGRAM TO INFORM
VOTERS ISSUE TO APPEAR ON THE NOVEMBER
BALLOT IN CONNECTION WITH BONDS.
75.
APPROVE SPONSORSHIP OF "MIAMI-NEW WORLD
M 88-673
246-248
CENTER" TOUR OF U.S. AND INTERNATIONAL
7/14/88
JOURNALISTS.
76.
DISCUSSION CONCERNING BOATS AND BOAT
DISCUSSION
248-249
TRAILERS IN FRONT YARDS.
7/14/88
77.
DISCUSSION CONCERNING FINANCIAL SUPPORT
DISCUSSION
249
FOR "BANDIDOS" SOFTBALL TEAM.
7/14/88
78.
CONTINUATION OF ALL ITEMS NOT HEARD
M 88-674
249-250
THIS DAY TO NEXT AGENDA.
7/14/88
79.
APPROVE USE AND CLOSURE OF STREETS FOR
R 88-675
250-251
"AT&T FOURMAN CORPORATE CYCLING
7/14/88
CHALLENGE" (BICYCLE RACE)
I
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 14th day of July, 1988, 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 9:06 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
ABSENT: Commissioner Miller J. Dawkins
ALSO PRESENT:
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
1. PLAQUES, PRESENTATIONS AND SPECIAL ITEMS.
PROCLAMATION Presented: Dr. Marta Camilo, for being the recipient of the
University of Miami School of Medicine George Paff Award for the third
consecutive year.
APPROVAL OF MINUTES: ON MOTION DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY VICE MAYOR KENNEDY, THE MINUTES OF THE CITY
COMMISSION MEETINGS OF APRIL 14, APRIL 28, MAY 12 AND THE SPECIAL
MEETING OF MAY 19, 1988, WERE APPROVED (COMMISSIONER DAWKINS WAS
ABSENT.
2. DISCUSSION AND TEMPORARY TABLE CONSIDERATION OF PROPOSED RESOLUTION
AUTHORIZING PURCHASE OF PROPERTY AND EXECUTION OF AGREEMENT IN
CONNECTION WITH CAMILLUS HOUSE (See label 19).
Mayor Suarez: Item 1 is Camillus House. Let me tell the Commission that the
memo that I sent out was supposed to be directed to the Commission, no
disrespect to the City Manager, with copies to the City Manager, instead went
to the City Manager with copies to the Commission. I wanted to inform the
Commission of what I thought was the very, sort of a bottom line best deal
that I thought could be put together, and I did so in that memo. Matthew, do
you want to elaborate on it?
Mr. Matthew Schwartz: Just very briefly.
Mayor Suarez: How many years have we not been at this?
Mr. Schwartz: Four years. Four years ago is when the City first approved the
acquisition of Camillus House. We had a deal in 1986. We had to withdraw
that because of the court settlement in Overtown. In the interim, we had
discussing the future acquisition of Camillus House with Camillus House. They
have an appraisal for $2,000,000. We just got this yesterday. We reviewed
the appraisal. It is basically based on replacement cost to the facility.
1 July 14, 1988
The settlement that is proposed today that is recommended by the City staff,
close to $2,000,000, with 18 month time period... up to 18 months, either the
new building is completed, or that they have... before they would vacate the
site, so they have 18 months, and that has been the major issue, I believe,
for the last six months, on how soon they would be leaving the site. There is
an additional cost estimated at $75,000 to buy the fee simple on two of the
lots. Camillus House, when they purchased the leasehold interest in the
Studio of Lighting property adjacent to it, did not purchase the property fee
simple, so there will be additional costs of at least $75,000, as estimated
both by our appraiser and an appraiser for Camillus House.. We are
recommending that the City act upon this, most. significantly, because within
18 months, 12 to 18 months, 24 months, the housing in Park West adjacent to it
will be completed and ready for occupancy and I don't believe that mousing
will be difficult to market it with it with the Rescue Mission still
operating at that location.
Mayor Suarez: Let me say for myself on the 18 month period, that there is no
magic to the 18 months. That was the shortest amount of time that they would
commit to being out of there for sure and I understand, and I don't want to
put my legal hat on, Jorge, but I understand that if they agreed to be out of
there, you know, within 18 months, that that would be legally enforceable and
very simply enforceable by writ of possession, or something in case something
goes wrong later, and we of course, want to avoid any such contingencies. The
other factor here was that they might very well be out of there a lot sooner
than 18 months, and this does not in any way preclude that, if either they get
their new facility ready or if some other interim facility is obtained by any
other third parties, or anyone else, where it could be feasible for them to
move out, they would of course do that, but they would not be bound to doing
that, and anyone that can come up with a good alternative facility, interim
facility, different mode of distribution of the food, or whatever else we were
trying to get into in the last Commission, which you remember was troublesome
to this Commission to get involved in the whole issue of helping them to
obtain their substitute location. All of that is taken out by this agreement,
but it doesn't mean that someone else can't get involved in helping them to
find that. In fact, I think that some people would like to do that.
NOTE FOR THE RECORD: COMMISSIONER DAWKINS ENTERED THE MEETING AT
9:12 A.M.
Mrs. Kennedy: I guess the question, Mr. Mayor, is can we have them during
these 18 months in a more controlled environment, so that they are not spread
out throughout the whole neighborhood, and Matthew, you have had conversations
with Brother Paul, perhaps you can address that issue.
Mr. Schwartz: Right, I believe that Camillus House would probably be more
cooperative in working with the City, once this issue of acquiring the
property and their future location is resolved. There is no guarantee from
Camillus House, but I believe there are City staff people from the Community
Development office that have been looking at the possibility of assisting
Brother Paul with the food service at satellite locations, which is his
ultimate objective when he moves to the new facility.
Mr. Dawkins: Bring me item one out of something. I had mine marked up, but I
don't see it here. Everybody has spoken but me.
Mrs. Kennedy: No. So what you are saying is that we could have peripheral
feedings and Brother Paul...
Mr. Schwartz: I believe those things could be worked out.
Mrs. Kennedy: Yes, and Brother Paul would be amenable to that.
Mr. Schwartz: There is no guarantee right now, but I believe if that is the
wish of the Commission. I am sure Brother Paul would be interested in
cooperating with the City.
Mayor Suarez: The idea is to not involve the City in a commitment to that
effect, but we think that he would do that, and he would do it very quickly if
the right place was found, and the right support was obtained, but not
committing the City in any way to any of that, which is what I wanted to leave
out of that negotiation.
2 July 14, 1988
Mr. Plummer: Are you ready for a motion? Is there a motion in order?
Mayor Suarez: Yes. Yes, absolutely.
Mr. Plummer: I move to deny.
Mr. Dawkins: (OFF MIKE) Hold it. OK, I second it, and I've got some
discussion.
Mr. Plummer: Oh, I got a lot of discussion. He just wanted a motion.
Mr. Dawkins: OK, I second.
Mayor Suarez: Moved and seconded. Discussion.
Mr. Plummer: Commissioner, would you like to be first, or do you want me?
Mr. Dawkins: No, I yield to the senior citizen!
Mr. Plummer: Rosario, what do you have to say?
Mr. Plummer: Mr. Mayor, a number of things - first and foremost, the memo
which we have before us is very misleading. The only thing that the Camillus
House has, is a leasehold interest. This memo in front of us speaks of a
purchase. Camillus House does not own the property. It is proposed to pay
$2,000,000 to buy a leasehold interest and we won't even own the property.
Absolutely, absolutely ridiculous! The commitment that Camillus House has for
that particular piece of property exists to the year 2044 at $5,000 a year.
That is $280,000 for which it is being asked of $2,000,000 of this City. More
importantly, and to me, is that I think that the one unanimous feeling is, we
want them out of the area. It is not conducive to rehabilitate that area,
with them staying in the area. The unfortunate part of what took place last
night, at the arena opening, was in the parking lots, which are on the west
side of the arena. This map will show you exactly, in my estimation, that
what for $2,000,000, this City would get, and that is, with the arena being
here, and the parking here, they would move from this location here, to this
location here. They are not relocating out of the area, as the Rescue Mission
did. The problems that were incurred last night of the car break-ins were on
this side, and what we in fact have done, or proposing...
Mr. Dawkins: On which side?
Mr. Plummer: On this side over here. Car break-ins took place over here, OK?
Mr. Dawkins: OK, Overtown is on the other side.
Mr. Plummer: No, Overtown is here.
Mr. Dawkins: Yes, OK, so nobody over there broke in the car, OK.
Mr. Plummer: OK? Well, the person that they arrested last night, I thought
was interesting. He was the same person who didn't own the property that
charged people to park there and then turned around and broke into the cars.
Maybe he had a car phone, Cesar! But anyhow, that's what is happening. When
we bought out the Rescue Mission, they did in fact move up to what? - 21st or
23rd ...
Mr. Schwartz: 21st Street.
Mr. Plummer: 23rd Street. We are not relocating this out of the area. Now,
as far as I am concerned, the appraisals have come in at just about
$1,000,000. The policy normally followed is that you take the two appraisals,
you divide them and add 10 percent for a bonus, at best! In this particular
a incidence, it's doubled what is the appraisal. I just don't understand that
that is a good way of doing business. There is no question in everybody's
mind that they feel the same, that it needs to be relocated, but not without
buying the property for $2,000,000. I think it is absolutely crazy that the
only thing we would be buying is a leasehold interest, because it is my
understanding that the owner of the property is not interested in selling, so
you will have to go through a condemnation procedure at best. And I just
think that as far as I am concerned, to move them from one side of the arena,
to the other side of the arena, for $2,000,000 is out of question.
3 July 14, 1988
0 F
M,
Mr. Dawkins: Mr. Mayor, first I need for someone to explain to me, what
parcel 43-A whereas a fee simple of purchase, and parcel 43-B, which is a
leasehold interest - with a map.
Mr. Plummer: You want to use my map?
Mr. Schwartz: Yes. I'm sorry it was not included in the resolution, it
should have been.
Mr. Schwartz: (OFF MIKE) ... Camillus House 19,500 square feet.
Mr. Plummer: Correction. They do not own that.
Mr. Schwartz: No, they do that, Commissioner.
Mr. Plummer: Oh, then you are talking about the Lighting Center?
Mr. Schwartz: No, see, there are two different parcels. Parcel 43-A is...
Mr. Plummer: I stand corrected.
Mr. Schwartz: ... the old site that was owned by Camillus House, that they
purchased, fee simple about ten years ago, 19,500 square feet.
Mr. Dawkins: That is where the Lighting...
Mr. Schwartz: No, no, that is where the Camillus House has been located for
ten years. It is a newer building. It has been ...
Mr. Dawkins: So that is parcel...
Mr. Schwartz: 43-A. 43-B is parcel that used to be the Studio of Lighting.
It is 13,500 square feet. They have the leasehold interest on that property.
That property, we had an appraisal, I spoke to an appraiser from Dade County,
plus in Camillus House appraisal, there is an appraisal on the leasehold
interest, what the value is, for the property owner. The value of that
property to the property owner is $75,000.
Mr. Dawkins: So ...
Mr. Schwartz: So actually the cost to the City for this property, would be
$2,000,000 to the Brothers of The Good Shepherd, plus we estimate $75,000 to
purchase fee simple the leasehold interest.
Mr. Dawkins: So the City of Miami in its benevolence, with taxpayer's money
is going to pay, what is the appraised value of the property which Brother
Paul... no, no, I want to rephrase that, I don't want to personalize it. What
is the assessed value and appraisal of the property that is owned by Camillus
House?
Mr. Schwartz: They were appraised together. The total, you want the
breakdown?
Mr. Dawkins: No, how can you appraise something that somebody does not own?
You can't appraise a piece of property a person doesn't own.
Mr. Schwartz: OK, Commissioner Dawkins, the appraisal for the existing
Camillus House property, the one that they own in fee simple, is $906,000.
Mr. Dawkins: $906,000.
Mrs. Kennedy: What is the date of that appraisal?
Mr. Schwartz: The date of this appraisal is July 23, 1987 and market land
values in the area have been fairly consistent since then. Generally
appraisals are good for six months and parcel number B, which is the property
that is owned, that they have...
Mr. Dawkins: OK now wait, do me a favor, go along with me, and answer what I
ask you, OK? Then you won't confuse me, and I won't confuse you, OK? Now,
the property that is owned by Camillus House is appraised at $906,000.
4 July 14, 1988
Mr. Schwartz: $906,000. That is the higher of our two appraisals.
i Mr. Dawkins: $906,000. When you subtract that from $2,000,000, you get
$1,104,000... $1,100,000. Let's just say $1,100,000 for the sake of
discussion. So you are going to ... the City of Miami is prepared to pay
Brother Paul $1,100,000 for some property he does not own, and he is leasing?
Why?
I
Mr. Schwartz: Commissioner Dawkins, the other property is appraised for
$324,000, and that is the value of his leasehold interest in the property, OK?
Mr. Dawkins: No, no, that is his value of his leasehold.
Mr. Schwartz: Well that... in the appraisal that was indicated, but...
Mr. Dawkins: All right, but he does not own what he is leasing.
Mr. Schwartz: No, but his lease extends for another 57 years, to the year
2044, at $5,000 a year. The leasehold is worth more than the ...
Mr. Dawkins: All right, let me ask you a question - in the event ... I don't
know how to say this, because people get the wrong impression, but I have to
say it. In the event a hurricane, or any God given thing destroys the leased
part of it, is Brother Paul still going to pay his $5,000 a year? Good God,
he's got a whole ... is he still going to pay that?
Mr. Schwartz: According to the lease, in our review of the lease, is that the
building could be demolished, he could do anything he really wants on that
property, to the year 2044.
Mr. Dawkins: All right, well we are going to pay $1,000,000 to a piece of
property that is not owned, is that correct?
Mr. Schwartz: Yes.
Mr. Dawkins: OK, thank you.
Mr. Schwartz: Can I just add a clarification?
Mr. Dawkins: Yes, go right ahead, Mr. Schwartz.
Mr. Plummer: That's not what this memo says. This memo is clear.
"Resolution authorizing the purchase of Camillus House." That's not what you
are doing.
Mayor Suarez: The purchase of the long term leasehold interest.
Mr. Odio: The purchase of the long term lease.
Mr. Plummer: It doesn't say that.
Mr. Odio: You are right. It should have said, the purchase of the long
lease, whatever.
Mr. Dawkins: OK, go ahead, Mr. Matthew, sir.
Mr. Schwartz: OK, what happened, the one point two three, which is the
highest appraisal that we have for both properties, which includes fee simple
and that the actually owns the property. Excuse me, fee simple on the
leasehold interest ...
Mr. Dawkins: That's that is forty three eight, fee simple.
Mr. Schwartz: Right, OK.
Mr. Dawkins: To purchase what he owns.
Mr. Schwartz: OK, these two properties are valued $1,230,000. There is a
fixture ...
5 July 14, 1988
Mr. Dawkins: I do not want a value on what he does not own! I am only
interested in what Brother Paul owns that he can sell outright to us. That is
what I am interested in. I don't know about anybody else, I am telling you
about one vote up here. That's my interest, OK? Now, if Brother Paul owns
everything, then Brother Paul's interest ... yes, go ahead, Mr. Bailey.
Mr. Herb Bailey: I would just like to point out, Commissioner, that in terms
of Brother Paul's right to occupy the property, he does own the lease, and I'd
also like to point out to you that, if we were to go through the process of
condemnation, and that we would go through ...
Mr. Dawkins: Wait a minute. I did not ask anybody to condemn anything.
Mr. Bailey: No, I am not...
Mr. Dawkins: No, no, so please don't take me through nothing I haven't asked.
Mr. Bailey: But you asked about the pricing, and that is what I was going to
talk about.
Mr. Dawkins: No, but see, you are telling me if I condemn. No see, I don't
want anybody to get the idea I'm going to condemn the property and put Brother
Paul off of it. No, no, please go along with my reasoning.
Mr. Bailey: OK, well I'll go...
Mr. Dawkins: Because when the media prints what the hell you said, it is not
going to be in the context, Mr. Bailey, of what you are saying, so let Miller
Dawkins go in the paper with what he says.
Mr. Bailey: Well, I won't talk about condemnation, I'll just talk about the
price we would have to pay Brother Paul, that's what I am trying to get to.
Mr. Dawkins: Look, I don't care what ... see, you can talk about the price
you all want to pay Brother Paul, but see, you don't have my vote to pay
Brother Paul.
Mr. Bailey: Well, I'm ... what you want to pay, I just want to have you
understand what your options are. You can make whatever decision you like.
Mr. Dawkins: Look, I am making my statement, and then I will leave it up to
my fellow Commissioners of how they are going to vote, OK?
Mr. Bailey: All right.
Mr. Plummer: Final question from me.
Mr. Dawkins: No wait a minute. OK, go ahead.
Mr. Plummer: Oh, I am sorry.
Mr. Dawkins: Go ahead.
Mr. Plummer: You got the money to buy it?
Mr. Bailey: We have a way in which to buy it.
Mr. Plummer: Have you got the money to buy it?
Mr. Bailey: Yes.
Mr. Plummer: And where is that source of revenue?
Mr. Bailey: Through a bond issue.
Mr. Plummer: Ah, you have not got the bond issue! You do not have the money!
Mr. Bailey: Well, that is a technical point.
Mr. Plummer: Then let's don't play semantics with each other!
Mr. Bailey: Well, OK.
6 July 14, 1988
Mr. Plummer: OK, I'll. ask it again. Do you have the money today in the bank
to purchase what you are proposing?
Mr. Bailey: Do we have $2,000,000 in the bank today fir that specific
purpose? The answer is no, not $2,000,030 in one lump slim.
Mr. Dawkins: OK, Mr. Schwartz, January, 1985, that Iand, I don't know whether
it was a total parcel, or one parcel, was appraised in 1985, for $965,000.
The City made an offer to Camillus House in June of. '85 to purchase the
property for the appraised price of $965,000 and give there a bonus of $50,750.
In January, 1986, without another appraisal, a revised offer to purchase this
property was made for $1,028,000, plus this same $52,640 bonus. Nothing
happened. During the last eight months, negotiations have been reopened.
Now, the two new appraised values of the property at $1,200,000. Based on
these two new appraisals and fair market value, the City was willing to make
an offer to purchase in the amount of $1,500,000, for some property that is
assessed, appraised at $965,000, OK? On May 4, 1988, a verbal offer of
$1,700,000 was made to purchase this same land that's appraised at $965,000.
Now, you talk about 43-A and you talk about 43-B, but also in here you say,
the last four lines of the second paragraph, on page two: "Additional costs
will be incurred by the City for the acquisition of fee simple title to lots
19 and 20, which value up to $100,000." Now, show me a map where 19 and 20
is.
Mr. Schwartz: 19 is parcel B, 43-B, which is the Studio of Lighting property.
Mr. Dawkins: 19 is 43-B? Now, that is the same land that we are giving them
$200,000,000, but he don't own, but now we got to come back and pay $100,000
to purchase it, is that a correct statement?
Mr. Schwartz: That would be to title ... to purchase it fee simple it would be
... we have gotten since these memos went out to the Commission ...
Mayor Suarez: Let me just correct the record - $2,000,000, not $200,000,000.
Go ahead, Matthew.
Mr. Dawkins: What now? Correct the record and say what now?
Mayor Suarez: $2,000,000, not $200,000,000. You said $200,000,000, you meant
to say $2,000,000.
Mr. Plummer: Well, that's next week!
Mr. Schwartz: Commissioner Dawkins, the appraisal, since this memo went out,
we've gotten an informal appraisal, plus we have gotten the appraisal copy of
The leasehold interest is valued to the property owner at $75,000.
The one thing that is missing, I think, in this memo, which does not clarify,
is that at the time of our original offer to purchase, which went up to
$1,200,000, plus the bonus of $52,000, there was also about $110,000 of
fixtures that the City would have to buy in place at the property, plus there
was a cost - we had made an offer earlier to the Studio of Lighting property
for $300,000, which was rejected by the leasehold interest at that time.
Mr. Dawkins: OK, what assurance do you have, that in the event you go ahead
and fine three votes up here to give Brother Paul $2,000,000, that other
gentlemen who owns the property, will not feel that he has found the "ghost
that lays the golden egg," and he wants to sit back and play this game like
Brother Paul has played, and continue to raise the price of his property until
it gets to the point of what he wants to get rid of it.
Mr. Schwartz: OK, I believe it is much simpler to deal with it. First of
all, the owner is out of town, we would initiate condemnation on that
property.
Mr. Dawkins: Why can't you condemn Brother Paul's?
Mr. Schwartz: We can condemn Brother Paul's. It could be a long process. He
could question our right to take...
Mr. Dawkins: It can't be any longer than it has been.
7 July 14, 1988
Mrs. Kennedy: A long and expensive process.
Mr. Schwartz: Yes, in the past, it seems to be a standard formula.
Mr. Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Dawkins: What constitutes a nuisance in the City of Miami?
Mr. Fernandez: That is a very good question.
Mr. Dawkins: OK, well, take your time, we pay you handsomely. Take your time
and answer it.
Mr. Odio: People that steal telephones from the cars, that is what!
Mr. Fernandez: Of City Managers in front of City Hall.
Mr. Dawkins: That is a felony, 1 hope! OK, what in your, off the top of your
head, since I did not ask you to research this, sir, off the top of your head,
would a facility where people urinate on the streets, where people go around
naked on the streets, where people block the sidewalks that I am paying my
taxes to use, where I do not allow my wife to drive through, for the sites
that she might see, would that in any way be constituted a nuisance?
Mr. Fernandez: Yes, we are involved, Commissioner, in looking at City
ordinances that attempt to define what a nuisance is. There has been
litigation in this issue also, and what we are trying to do is really
streamline so that we can put some bite, some real teeth into the ordinances
that we have by defining them according to most recent cases by the United
States Supreme Court, that really accords the individual a lot of freedom, and
so while...
Mr. Dawkins: The individual meaning whom?
Mr. Fernandez: Every individual.
Mr. Dawkins: Me and the homeless?
Mr. Fernandez: That's right, and also, supposedly, the alleged vagrant, who
may conduct himself in an unacceptable manner.
Mr. Plummer: Oh, are there vagrants?
Mr. Fernandez: Well, alleged, I said.
Mr. Plummer: Oh, all right.
Mr. Fernandez: That is a matter of definition. What may be one thing for one
person, may be something else for somebody else.
Mr. Dawkins: OK, I've got one more thing for Mr. Schwartz. Mr. Schwartz, in
that area, and I am not saying it is because the Camillus House is there, I am
merely going to cite some facts for you. Since 1983 through 1988, around the
Camillus House, the change in property values went from downtown, they dropped
42 percent... no, I mean it went up 42 percent. Brickell Avenue went up 38
percent, and the study area only went up 15 percent, OK? Now, and I am not
saying this is because of the Camillus House, but I wish the press... no, I
don't care if the press does it or not! I was elected to support and look out
for the welfare of the homeless, those with homes, the unemployed, those with
jobs, those who are hungry, those who are not hungry, and as we attempt to do
this up here, we make some votes, I do, that don't sit well with everybody!
And you have to do this up here. And I am not anti -homeless, no more than I
+, am pro -homes, but I also feel that we ought to protect the welfare of
everyone, and to give you a good example of how we have failed that area, in
1983, there was 65 businesses operating in that immediate area. I can't say
it is because the homeless is there. Today there are 34, which means we lost
31 tax paying entities in that area, so in my estimation, somebody could make
an effort to have some rules by which that is done. I just left San Francisco,
at a church, they feed 300 people three times a day, and the only time you see
them, is when the are eating. They eat and they leave, and they come back.
8 July 14, 1988
Now, in my opinion, Brother Paul should have worked with us in order to make
this an orderly situation. Again, in my opinion, he has not, he has just ran
off in a corner and demanded more money and more money, and that is Miller
Dawkins's opinion - nobody up here but mine. He was supposed to move in 18
months, and now he tells me: "If you give me $2,000,000, I will move in 18
months, or I may not." He has not, as a religious man, got down on his knees
with me, and we prayed to find a solution to this, and I am willing to meet
with him at my church with my preacher, and me and him pray to see if we can't
find a solution to his homeless problem. Thank you.
Mrs. Kennedy: All right, I don't mind saying I am pro -homeless; in fact, I
serve on the task force for the homeless. 62 percent of the block around
Camillus House is vacant, and this is one thing, so the appraisal came for a
lesser amount. Once they are moved, things will start speeding up in the
area. I don't think we can close our eyes on the homeless. While the new
facility is nearby the arena, as Commissioner Plummer stated, it will not be a
feeding station. This new house will accommodate woman and children which are
the largest growing segment of the homeless.
Mr. Plummer: Commissioner Kennedy, I have now argument with what you say, I
still say that it is not relocating them out of the area. I have every reason
to believe, and would vote for, if they would be moving out of the area, the
same as the Rescue Mission did, but they are staying in the area. We are not
accomplishing anything, all we are doing is losing $2,000,000, and we are not
gaining the property, and that's all I have to say. You know, I have been
somewhat taking some criticism about the fact that I am standing up for what I
think is right, and I have no problem with that. I am not anti -Camillus
House. I'd like to remind some people that in my campaign, we had 1,000
dinner paella, of which the Camillus House was the recipient of 800 dishes
that we didn't use. I was the one who started the turkey thing with the Elks
Club some 18 years ago with Camillus House. I am very supportive of Camillus
House. I think they do a good job. I think they can do a better job, but I
don't think that they should be relocated in that area. That area, we have
been spending literally millions of dollars to upgrade the area. Relocating
is not going to upgrade that area, and I just have a serious problem of paying
double, when we have an appraisal at $1,000,000, to pay $2,000,000. It just
doesn't make business sense to me.
Mr. De Yurre: I'd like know... I'd like to hear from somebody that has
reviewed the lease that we are going to be paying $2,000,000 for.
Mr. Bailey: We are trying to get a copy of the lease, Commissioner. We have
it here. The lease that Brother Paul has with the property owner for the two
blocks, we have a copy of the lease here, we are getting it now.
Mr. De Yurre: OK, but who reviewed it?
Mr. Bailey: We have reviewed it, staff, and we are convinced that we can, if
we purchase his leasehold right, and demolish the building and for the balance
of the term on the lease, can have something constructive there.
Mr. De Yurre: Does the lease, if you read the lease...
Mr. Bailey: I personally haven't read it, Commissioner.
Mr. De Yurre: OK, who has read the lease?
Mr. Bailey: Matthew, who is going to get it now, so I'll answer any
questions. He'll be back very shortly.
Mr. De Yurre: What is shortly, five minutes?
Mr. Bailey: Five minutes hopefully, he just went to his car. We thought we
had it here with us.
Mayor Suarez: Do you want to hold off discussion until you have that back?
Mr. De Yurre: Might as well.
Mayor Suarez: We are tabling it until the lease can be found.
(AT THIS POINT, THIS ITEM WAS TABLED.)
9 July 14, 1988
----------------------------------------------------------------------------
3. DISCUSSION ITEM: COMMISSIONER PLUMMER EXPRESSES CONCERN THAT METRO-DADE
COUNTY HAS NOT PAID CITY OF MIAMI FOR NEW PORT BRIDGE PROPERTY OR THE
$250,000 FOR ARENA RAILROAD CROSSING.
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, before we get into that, can we discuss one other
parcel in the downtown area? Mr. Mayor, I am concerned, and I hope the City
is concerned where I read in the paper today, that the Governor is coming down
to drive a piling in property that the County doesn't own, and I am speaking
of course, to the property that relates to the new bridge to the port. We
have not been paid. We have not got our check, we have not had, from what I
am told by the Administration, we have not received the $250,000 agreement
based on the arena, and the railroad, and jokingly, I told the City Attorney
if that is the case, we ought to go down an arrest the Governor for
trespassing.
Mr. Odio: Commissioner, I read the paper this morning too, and I was
surprised, because both agreements are going to the County Commission on July
19th, so...
Mr. Plummer: Sir, our check is not in the bank.
Mrs. Kennedy: It's not in the mail either.
Mr. Odio: Well, how can it? We haven't had an agreement yet? I'm saying
that the County Commission has to approve the agreement July 19th...
Mayor Suarez: And he is asking how come, if that still has yet to be
approved, there's work going on over there, and there is a ceremonial breaking
of ground.
Mr. Plummer: I'm concerned, knowing how the County operates, that they start
construction and we don't have our money - possession is nine/tenths of the
law!
Mr. Odio: I'll call Mr. ...
Mr. Plummer: ... and from what I am told, they have taken possession!
Mayor Suarez: You might advise the Governor at least he should do no damage
to the underlying structure over there until those agreements are fully signed
and ...
Mr. Plummer: Because there is no environmental permit been issued, because
the owner, the City of ...
Mr. Dawkins: You should tell him he can't come nowhere, because it is not
theirs! That's what you should tell him!
Mayor Suarez: Well, he can go over there and I guess, and do a symbolic,
whatever he wants, on County property, but ...
Mr. Plummer: I hope they are doing it on the port side.
Mr. Bailey: Commissioner, we have, and it will be on the next agenda, our Law
Department, their Law Department have come up with what we consider to be
appropriate language to present to you, that they think will be approved by
this Commission, which provides us with the payment of the land, and also the
I: $250,000 for the arena railroad crossing.
Mr. Plummer: And Mr. Bailey, how long has this been going on?
Mr. Bailey: Quite a while!
Mr. Plummer: And you know, you know as well as I do the history of dealing
with the County.
Mr. Bailey: I'm very much aware.
10 July 14, 1988
Mr. Plummer: It could go on a lot longer. The proceeds of that money are the
monies that are needed for the parks improvements. Wp, the Commission, are
the ones who are going to get our heads bashed in, when we can't make the
improvements to Bayfront Park into the neighborhood parks, because we don't
have the money.
Mr. Bailey: You won't be signing the agreement, you will just be authorizing
the Manager to carry out the agreement. We don't have to sign it until we get
our money.
Mr. Plummer: Well, the money in the bank is what I am interested in.
Mr. Bailey: Well, you could have that, but the legislation just gives us the
right to go through with the negotiations.
Mr. Plummer: OK, I just... Mr. Manager, I would hope that you would put the
County on notice ...
Mr. Odio: I am doing that right now, Commissioner.
Mr. Plummer: ... that they don't own that property.
Mr. Odio: I am doing that right now, Commissioner.
------------------------------------------------------------------------------
4. (A) PULL FROM CONSENT AGENDA ALL ITEMS REFERENCED IN CITY ATTORNEY'S
MEMORANDUM. (B) CONSENT AGENDA.
------------------------------------------------------------------------------
Mayor Suarez: On items ... let me announce what the Consent Agenda is. Item
2 through 60 constitute the Consent Agenda. Is there anyone from the general
public that wishes to be heard on any of these items, and if so, please step
up to the podium and let us know which items specifically you would like to be
considered separately? Let the record reflect that no one has stepped
forward. Commissioners, what items would you like considered separately, and
pulled from the Consent Agenda, if any?
Mrs. Kennedy: I would like to pull, 8, 9, and 24 should be also pulled.
Mayor Suarez: Items 8, 9 and 24, Vice Mayor Kennedy. Reverend, did you want
one item?
Rev. Richard Dunn: Yes, sir.
Mrs. Kennedy: And 12, Mr. Mayor.
Mayor Suarez: 8, 9, 12 and 24. Reverend, which item did you want considered
separately?
Rev. Dunn: 16.
Mayor Suarez: OK. That's fine, we will take that up when we get to it, but I
will take that out of the Consent Agenda.
Mr. Plummer: Just for the record, if I may, Mr. Mayor ...
Mayor Suarez: Please, Commissioner.
Mr. Plummer: Item 57, Mr. City Attorney, is in relation to the Mercy Hospital
bonds from the Health Authority. Do I have to show myself reclusing a vote?
I do sit on the board of directors of the outpatient clinic of Mercy Hospital,
and I'd like to get on the record whether I have to recluse myself from voting
or not.
Mr. Fernandez: It would be better if you did recluse yourself.
Mr. Plummer: All right Mr. Mayor ... then, Madam Clerk, if you would show me,
on item 57, based on the City Attorney's recommendation, putting on top of the
record, that I am on the board of directors. It means nothing financially to
11 July 14, 1988
0
fine, but I still will recluse myself on voting on item 57. I would also
request that items 36 and 40 be pulled.
Mayor Suarez: 36 and 40, Commissioner Plummer. Anything else, Commissioner?
Mr. Dawkins: 2, 5, 6, 10, 26, 32, 34, 37 and 41.
Mayor Suarez: OK, with the exception of items 2, 5, 6, 8, 9, 10, 12, 16, 26,
32, 34, 36, 37, 40, and 41, I'll entertain a motion on all of the other items.
Mr. Odio: Mr. Mayor, I think you missed 24 was pulled, and 36, not 37.
Mayor Suarez: 24 and 36 also.
Mr. Odio: Yes.
Mr. Plummer: So moved.
Mr. Fernandez: Mr. Mayor, before you do that, please take note of the memo
that we submitted to you. There are some items on the agenda that ... and
those are items 14, 16, 28, 35, 36, 39, 42, 50, 53 and 60, that ...
Mayor Suarez: That have been ... 1
Mr. Fernandez: ... unless pulled separately, you must announce that they are
being voted on as modified.
Mayor Suarez: Voted on as modified, as to the items you must stated.
Mr. Fernandez: Well, if not otherwise pulled.
Mayor Suarez: No, they haven't been pulled.
Mr. Plummer: Well, then Mr. Mayor, I'll make a motion at this time that all
of those items be pulled. I have not had a chance to read the modifications,
so I move that those items just outlined by the City Attorney be pulled.
Mrs. Kennedy: I agree. I second.
Mayor Suarez: And then we will get clarification as each item comes up.
Mr. Fernandez: Yes, you certainly will.
Mayor Suarez: Remind me now, I don't have a complete list of those, so with
those exceptions, I entertain a motion on the Consent Agenda.
Mrs. Kennedy: So moved.
Mr. Plummer: Second.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-597
A MOTION TO PULL OUT OF THE CONSENT AGENDA, FOR
INDIVIDUAL CONSIDERATION, ALL ITEMS REFERENCED IN THE
CITY ATTORNEY MEMORANDUM TO THE COMMISSION IN
CONNECTIN WITH CERTAIN ITEMS IN TODAY'S AGENDA.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
12 July 14, 1988
0
L�
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY VICE
MAYOR KENNEDY, THE FOLLOWING ITEMS COMPRISING THE CONSENT AGENDA
WERE APPROVED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
* NOTE: Commissioner Plummer abstained from voting on agenda item 57, R-88-
629.
4B.1 AGREEMENT WITH LITTLE HAVANA DEVELOPMENT AUTHORITY, INC. AND SMALL
BUSINESS OPPORTUNITY CENTER, INC. TO IMPLEMENT A COMMERCIAL FACADE
PROGRAM.
RESOLUTION NO. 88-598
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
INDIVIDUAL AGREEMENTS WITH THE LITTLE HAVANA
DEVELOPMENT AUTHORITY, INC. AND THE SMALL BUSINESS
OPPORTUNITY CENTER, INC., IN THE AMOUNT OF SIXTY
THOUSAND DOLLARS ($60,000) EACH, TO IMPLEMENT A
COMMERCIAL FACADE PROGRAM WITH FUNDS ALLOCATED
THEREFOR FROM THIRTEENTH (13TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.2 ACCEPT PLAT: NAPOLEON PLACE.
RESOLUTION NO. 88-599
j A RESOLUTION ACCEPTING THE PLAT ENTITLED NAPOLEON
j PLACE, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
i 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 OR
i DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.3 ACCEPT $13,700 DONATION FROM LAND AUTHORITY OF PUERTO RICO IN SUPPORT OF
LOTUS JUICES SUMMER OLYMPICS.
RESOLUTION NO. 88-600
A RESOLUTION ACCEPTING A DONATION VALUED AT $13,700
OFFERED BY THE LAND AUTHORITY OF PUERTO RICO AND
THEIR REPRESENTATIVE BORINQUEN PRODUCTS CORPORATION
ON BEHALF OF LOTUS JUICES TO SUPPORT THE 1988 CITY
13 July 14, 1988
OF MIAMI/LOTUS JUICES SUMMER OLYMPICS IN CONJUNCTION
WITH THE "PRIDE IN MIAMI PARKS" ADOPT -A -PARK
PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, SUBSTANTIALLY INCORPORATING
THE TERMS AS SET FORTH IN THE ATTACHED
CORRESPONDENCE, TO IMPLEMENT THE ACCEPTANCE OF SAID
DONATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.4 ACCEPT BID: TRW ELEVATOR SERVICES, INC. - ELEVATOR MAINTENANCE TO
DEPARTMENT OF G.S.A.
RESOLUTION NO. 88-601
A RESOLUTION ACCEPTING THE BID OF TRW ELEVATOR
SERVICES, INC. FOR FURNISHING ELEVATOR MAINTENANCE
ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION
TO RENEW FOR AN ADDITIONAL ONE YEAR PERIOD TO THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A
TOTAL PROPOSED FIRST YEAR COST OF $25,070.00; WITH
FUNDS THEREFOR ALLOCATED FROM THE 1987-88 OPERATING
BUDGET ($5,040.00) AND 1988-89 OPERATING BUDGET
($20,030.00) ACCOUNT CODE NO. 420401-670;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE AND TO RENEW THIS CONTRACT WI AN
ADDITIONAL ONE YEAR PERIOD AT THE SAME PRICES, TERMS
AND CONDITIONS SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.5 ACCEPT BIDS: SEARS TIRE AND TRUCK CENTER AND CONTINENTAL BATTERIES -
SERVICING NEEDS OF DEPARTMENT OF G.S.A./FLEET MANAGEMENT DIVISION.
RESOLUTION NO. 88-602
A RESOLUTION ACCEPTING THE BIDS OF SEARS TIRE &
TRUCK CENTER AT A PROPOSED COST OF $15,000.00 AND
CONTINENTAL BATTERIES AT A PROPOSED COST OF
$15,000.00 FOR FURNISHING BATTERIES ON A CONTRACT
BASIS FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR
TWO (2) ADDITIONAL ONE YEAR PERIODS TO THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/FLEET
MANAGEMENT DIVISION AT A TOTAL PROPOSED FIRST YEAR
COST OF $30,000.00; ALLOCATING FUNDS THEREFOR FROM
THE 1987-88 GENERAL SERVICES ADMINISTRATION
OPERATING BUDGET ACCOUNT CODE NO. 420201-702
($18,500.00) AND 1987-88 FIRE, RESCUE AND INSPECTION
SERVICES OPERATING BUDGET ACCOUNT CODE NO. 280701-
702 ($3,500.00) 1988-89 ($8,000.00); AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS
AND TO EXTEND THESE CONTRACTS FOR TWO (2) ADDITIONAL
ONE YEAR PERIODS UNDER THE SAME TERMS, PRICES AND
CONDITIONS AND SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
14 July 14, 1988
•
0
4B.6 ACCEPT BIDS: SOLO AIR CONDITIONING AND HEATING, INC. AND A ALL MAJOR
BRANDS CORPORATION - LABOR AND MATERIALS REGARDING REPLACEMENT OF ROOF
TOP AIR CONDITIONING UNITS AT TWO FIRE STATIONS.
RESOLUTION NO. 88-603
A RESOLUTION ACCEPTING THE BIDS OF SOLO AIR
CONDITIONING AND HEATING, INC. AT A PROPOSED AMOUNT
OF $12,650.00 AND A ALL MAJOR BRANDS CORPORATION AT
THE PROPOSED AMOUNT OF $14,823.00 FOR FURNISHING ALL
LABOR AND MATERIALS FOR THE REMOVAL AND REPLACEMENT
OF ROOF TOP AIR CONDITIONING UNITS AT TWO FIRE
STATIONS FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AT A TOTAL PROPOSED AMOUNT OF
$27,473.00, WITH FUNDS THEREFOR ALLOCATED FROM THE
1987-88 FIRE, RESCUE AND INSPECTION SERVICES
OPERATING BUDGET ACCOUNT CODE NO. 289401-670;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.7 ACCEPT BID: JUELLE, INC. - DEMOLITION SERVICES TO DEPARTMENT OF PARKS,
RECREATION AND PUBLIC FACILITIES.
RESOLUTION NO. 88-604
A RESOLUTION ACCEPTING THE BID OF JUELLE, INC. FOR
THE FURNISHING OF DEMOLITION SERVICES TO THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES AT A TOTAL PROPOSED COST OF $7,000,00;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENTS PROGRAM, LUMMUS PARK REDEVELOPMENT
PHASE I PROJECT NO. 331042; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B-8 ACCEPT BID: MIAMI FIRE EQUIPMENT - FOR FURNISHING 300 FIRE EXTINGUISHERS
FOR DEPARTMENT OF POLICE.
RESOLUTION NO. 88-605
A RESOLUTION ACCEPTING THE BID OF MIAMI FIRE
EQUIPMENT FOR FURNISHING 300 FIRE EXTINGUISHERS FOR
THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED AMOUNT
OF $4,815.00, WITH FUNDS THEREFOR ALLOCATED FROM THE
1987-88 OPERATING BUDGET ACCOUNT CODE NO. 290201-
718; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
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.)
15 July 14, 1988
■
4B-9 ACCEPT BID: STANCIL CORPORATION - FOR FURNISHING 400 REELS OF 1"
RECORDING TAPE FOR DEPARTMENT OF POLICE.
RESOLUTION NO. 88-606
A RESOLUTION ACCEPTING THE BID OF STANCIL
CORPORATION FOR FURNISHING 400 REELS OF 1" RECORDING
TAPE FOR THE DEPARTMENT OF POLICE AT A TOTAL
PROPOSED AMOUNT OF $26,075.00; WITH FUNDS THEREFOR
ALLOCATED FROM THE CAPITAL IMPROVEMENT PROJECT NO.
312010 ACCOUNT CODE NO. 299401-840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE 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.)
4B.10 ACCEPT BID: BUFFALO RANGE, INC. - FOR FURNISHING 9MM AMMUNITION FOR
DEPARTMENT OF POLICE.
RESOLUTION NO. 88-607
A RESOLUTION ACCEPTING THE BID OF BUFFALO RANGE,
INC. FOR FURNISHING 9MM AMMUNITION FOR THE
DEPARTMENT OF POLICE ON A CONTRACT BASIS FOR ONE (1)
YEAR WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE
YEAR PERIOD AT A TOTAL ESTIMATED FIRST YEAR COST OF
$99,180.00; WITH FUNDS THEREFOR ALLOCATED FROM THE
1988-89 OPERATING BUDGET ACCOUNT CODE NO. 290201-
703; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS SUPPLY AND TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE YEAR PERIOD AT THE SAME PRICES, TERMS
AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.11 ACCEPT EXTENSION OF CONTRACT WITH INTERAMERICAN CAR RENTAL, INC. - TO
PROVIDE APPROXIMATELY 70-80 RENTAL CARS TO POLICE DEPARTMENT. (SEE LABEL
7)
RESOLUTION NO. 88-608
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT FOR AUTOMOBILE RENTAL TO INTERAMERICAN CAR
RENTAL, INC. APPROVED ORIGINALLY ON R.F.SOLUTION NO.
87-635, BID NO. 87-88-084 TO PROVIDE APPROXIMATELY
70-80 RENTAL CARS TO THE POLICE DEPARTMENT FOR ONE
(1) YEAR AT A TOTAL PROPOSED COST OF $415,520.00;
ALLOCATING FUNDS THEREFOR FROM THE 1988-89 OPERATING
BUDGET ACCOUNT CODE NO. 292201-610 ($155,520.00) AND
LAW ENFORCEMENT TRUST FUND PROJECT #690001
($260,000.00); AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
16 July 14, 1988
4B.12 ACCEPT EXTENSION OF CONTRACT WITH (a) DR. RICHARD TEMPLETON FOR
VETERINARY SERVICES, AND (b) KNOWLES ANIMAL HOSPITAL - FOR SERVICES TO
MOUNTED PATROL HORSES AND K-9 UNIT DOGS IN POLICE DEPARTMENT.
RESOLUTION NO. 88-609
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT FOR VETERINARY SERVICES TO DR. RICHARD S.
TEMPLETON IN THE PROPOSED AMOUNT OF $7,800.00 AND
KNOWLES ANIMAL HOSPITAL IN THE PROPOSED AMOUNT OF
$13,800.00 APPROVED ORIGINALLY ON RESOLUTION NO. 86-
123, BID NO. 84-85-112 TO PROVIDE VETERINARY
SERVICES TO THE MOUNTED PATROL HORSES AND THE K-9
UNIT DOGS TO THE POLICE DEPARTMENT FOR ONE (1) YEAR
RENEWABLE ANNUALLY AT A TOTAL PROPOSED COST OF
$21,600.00; ALLOCATING FUNDS THEREFOR FROM THE 1988-
89 OPERATING BUDGET ACCOUNT CODE NO. 290201-260;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS SERVICE, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.13 ACCEPT EXTENSION OF CONTRACT WITH TERRY PARKE - FOR BLACKSMITH/FARRIER
SERVICES TO MOUNTED PATROL HORSES IN POLICE DEPARTMENT.
RESOLUTION NO. 88-610
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
CONTRACT FOR BLACKSMITH/FARRIER SERVICES TO TERRY
PARKE IN THE PROPOSED AMOUNT OF $7,600.00 APPROVED
ORIGINALLY ON RESOLUTION NO. 86-182, BID NO. 84-85-
113, TO PROVIDE BLACKSMITH/FARRIER SERVICES TO THE
MOUNTED PATROL HORSES TO THE POLICE DEPARTMENT FOR
ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL PROPOSED
COST OF $7,600.00; ALLOCATING FUNDS THEREFOR FROM
THE 1988-89 OPERATING BUDGET ACCOUNT CODE NO.
290201-270; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE, SUBJECT TO THE AVAILABILITY
OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.14 ACCEPT BID: MAN -CON INC. - FOR EAST LITTLE HAVANA SANITARY SEWER
REPLACEMENT PROJECT - PHASE II B-5538.
RESOLUTION NO. 88-611
A RESOLUTION ACCEPTING THE BID OF MAN -CON INC., IN
THE PROPOSED AMOUNT OF $766,759.55, FOR EAST LITTLE
HAVANA SANITARY SEWER REPLACEMENT PROJECT - PHASE
IIB-5538, WITH MONIES THEREFOR ALLOCATED FROM THE
"CITYWIDE SANITARY SEWER REPLACEMENT - FY'87'
ACCOUNT, C.I.P. PROJECT NO. 351275, IN THE AMOUNT OF
$766,759.55 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.)
17 July 14, 1988
9
0
4B.15 AUTHORIZE EXTENSION OF CONTRACT WITH MIAMI DADE COMMUNITY COLLEGE FOR
THE CITY'S RENDERING OF IN-SERVICE FIRE TRAINING.
RESOLUTION NO. 88-612
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND
THE EXISTING CONTRACT BETWEEN THE CITY AND MIAMI-
DADE COMMUNITY COLLEGE (M.D.C.C.) FOR THE CITY'S
RENDERING OF IN-SERVICE FIRE TRAINING FOR THE PERIOD
OF AUGUST 1, 1988 THROUGH JULY 31, 1989.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.16 INCREASE ALLOCATIONS TO THE BELAFONTE TACOLCY CENTER, INC. AND TO YOUTH
CO-OP, INC. - FOR IMPLEMENTATION AND OPERATION OF 1988 SUMMER YOUTH
EMPLOYMENT AND TRAINING PROGRAM.
RESOLUTION NO. 88-613
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NUMBER
88-266, ADOPTED MARCH 24, 1988, BY INCREASING THE
ALLOCATION FROM THE SPECIAL REVENUE FUND ENTITLED
"SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM -
1988/JTPA II-B" TO THE BELAFONTE TACOLCY CENTER,
INC. FROM $138,600 TO AN AMOUNT NOT TO EXCEED
$148,050 AND TO YOUTH CO-OP, INC., FROM $66,795 TO
AN AMOUNT NOT TO EXCEED $100,345, THEREBY INCREASING
THE COMBINED ALLOCATION TO THE LISTED AGENCIES FROM
$205,395 TO $248,395 FOR THE IMPLEMENTATION AND
OPERATION OF THE FY 1988 SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS WITH THE
AFOREMENTIONED AGENCIES, 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.)
4B.17 ALLOCATE FUNDS AND AUTHORIZE EXECUTION OF AGREEMENT WITH SOCIAL SERVICE
AGENCIES FOR APPROVED FOOD PROJECTS.
RESOLUTION NO. 88-614
A RESOLUTION ALLOCATING $7,000 OF THIRTEENTH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND $25,082
FROM THE SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, TO THE HEREIN NAMED SOCIAL SERVICE AGENCIES
FOR APPROVED FOOD PROJECTS; FURTHER AUTHORIZING THE
CITY MANAGER TO ENTER INTO AGREEMENTS WITH SAID
AGENCIES FOR SAID PROJECTS; 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.)
4B.18 AMEND AGREEMENT WITH CONSULTING FIRM OF SHEPARD, LOBE, COSTA, INC. -
ORDER 5,000 ADDITIONAL COPIES OF MARKETING AND PROMOTION PACKAGE.
RESOLUTION NO. 88-615
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE CONSULTING FIRM OF SHEPARD, LOBE,
COSTA, INC. FOR THE PURPOSE OF ORDERING 5,000
ADDITIONAL COPIES OF THE MARKETING, PROMOTION &
INFORMATION PACKAGE AT A COST NOT TO EXCEED $15,000,
WITH GENERAL FUNDS HEREBY ALLOCATED IN THE
DEPARTMENT OF DEVELOPMENT FY 1988 BUDGET.
18 July 14, 1988
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.19 AUTHORIZE CITY MANAGER TO EXECUIE AN AGREEMENT WITH BAYSIDE MINORITY
FOUNDATION - IMPLEMENTING TECHNICAI. ASSISTANCE PROGRAM FOR SMALI. AND
DISADVANTAGED BUSINESS AT BAYSIDE.
RESOLUTION NO. 88-616
A RESOLUTION RATIFYING MOTION NO. 88-160 AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AND THE BAYSIDE MINORITY FOUNDATION, FOR THE
PURPOSE OF IMPLEMENTING A TECHNICAL ASSISTANCE
PROGRAM FOR SMALL AND/OR DISADVANTAGED BUSINESSES AT
BAYSIDE, FURTHER DIRECTING THE CITY MANAGER TO
ALLOCATE A TOTAL OF FIFTY THOUSAND DOLLARS ($50,000)
WITH TWENTY-EIGHT THOUSAND FUR HUNDRED DOLLARS
($28,400) FROM THE UNCOMMITTED BALANCE OF
APPROXIMATELY ONE HUNDRED EIGHTEEN THOUSAND DOLLARS
($118,000) THAT REMAINS OF THE ORIGINAL ONE MILLION
DOLLARS ($1,000,000) ESTABLISHED BY THE CITY FOR
LOANS TO MINORITY BUSINESSES AT BAYSIDE; AND TWENTY-
ONE THOUSAND SIX HUNDRED DOLLARS ($21,600) FROM THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUND; FURTHER
DIRECTING THE CITY MANAGER TO AMEND THE BAYSIDE
AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI
CAPITAL DEVELOPMENT, INC., IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE PURPOSE OF REDUCING ITS
BAYSIDE MINORITY FINANCING PROGRAM ALLOCATION
AMOUNT; CONDITIONING ALL OF THE ABOVE UPON RECEIPT
OF FEDERAL APPROVAL FOR THE USE OF SAID ALLOCATION
FOR THE HEREIN INTENDED PURPOSE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.20 RATIFY CITY MANAGER'S ACCEPTANCE OF A GRANT FROM U.S. DEPARTMENT OF
HEALTH SERVICES (TITLE XX) THROUGH METRO-DADE - TO PROVIDE CHILD DAY
CARE SERVICES TO CHILDREN FROM LOW INCOME FAMILIES.
RESOLUTION NO. 88-617
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ACCEPTANCE OF A $61,847.52 GRANT FROM
THE U.S. DEPARTMENT OF HEALTH SERVICES (TITLE XX)
THROUGH METROPOLITAN DADE COUNTY TO PROVIDE CHILD
DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME
FAMILIES; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY AGREEMENT(S), IN SUBSTANTIALLY
THE ATTACHED FORM, TO IMPLEMENT THE PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.21 APPROVE EXTENSION OF EMPLOYMENT: RICARDO R. ACOSTA.
RESOLUTION NO. 88-618
A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF
EMPLOYMENT PAST THE AGE OF 70 FOR RICARDO R. ACOSTA,
ACCOUNT CLERK, DEPARTMENT OF FINANCE, EFFECTIVE
APRIL 28, 1988, THROUGH APRIL 27, 1989, WITH THE
PROVISION THAT IN THE EVENT OF A ROLL BACK OR
LAYOFF, RICARDO R. ACOSTA'S PHYSICAL CONDITION SHALL
BE REEVALUATED TO DETERMINE IF HIS CONDITION IS
SATISFACTORY FOR CONTINUED EMPLOYMENT; FURTHER
PROVIDING THAT ALL FUTURE REQUESTS FOR EXTENSION OF
EMPLOYMENT BE BROUGHT BEFORE THE COMMISSION ON A
YEARLY BASIS FOR ITS REVIEW.
19 July 14, 1988
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.22 ACCEPT COMPLETED WORK: FIREPAK, INC. - FOR MIAMARINA RENOVATION - PHASE
II.
RESOLUTION NO. 88-619
A RESOLUTION ACCEPTING THE COMPLETED WORK OF
FIREPAK, INC. AT A TOTAL COST OF $146,366.00 FOR
MIAMARINA RENOVATION -PHASE II, AND AUTHORIZING A
FINAL PAYMENT OF $7,716.00 FROM THE ACCOUNT ENTITLED
"MIAMARINA RENOVATION", PROJECT NO. 413007.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.23 ACCEPT COMPLETED WORK: SEA AIR MECHANICAL, INC. - FOR CITY HALL AIR
CONDITIONING IMPROVEMENT.
RESOLUTION NO. 88-620
A RESOLUTION ACCEPTING THE COMPLETED WORK OF SEA AIR
MECHANICAL, INC. AT A TOTAL COST OF $101,357.99 FOR
CITY HALL -AIR CONDITIONING IMPROVEMENT GENERAL FUND -
SPA INDEX CODE 920506-902 AND AUTHORIZING A FINAL
PAYMENT OF $7,395.40.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.24 ACCEPT COMPLETED WORK: ROSE ENGINEERING CONTRACTORS - FOR LOCAL DRAINAGE
PROJECT E-56.
RESOLUTION NO. 88-621
A RESOLUTION ACCEPTING THE COMPLETED WORK OF ROSE
ENGINEERING CONTRACTORS AT A TOTAL COST OF
$437,724.85 LOCAL DRAINAGE PROJECT E-56 C.I.P.
PROJECT NO. 352232 AND AUTHORIZING A FINAL PAYMENT
{ OF $21,886.24.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.25 ORDERING RESOLUTION: NW 36TH STREET SANITARY SEWER IMPROVEMENT SR-5549-C
(CENTERLINE) - DESIGNATING PROPERTY FOR SPECIAL ASSESSMENTS.
RESOLUTION NO. 88-622
A RESOLUTION ORDERING N.W. 36 STREET SANITARY SEWER
IMPROVEMENT SR-5549-C (CENTERLINE) AND DESIGNATING
THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL
BE MADE FOR A PORTION OF THE COST THEREOF AS N.W. 36
STREET SANITARY SEWER IMPROVEMENT DISTRICT SR-5549-C
(CENTERLINE).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
20 July 14, 1988
4B-26 CLAIM SETTLEMENT: CHARLES AND PAMELA MATHER.
RESOLUTION NO. 88-623
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO CHARLES MATHER AND HIS WIFE PAMELA, WITHOUT
THE ADMISSION OF LIABILITY THE SUM OF $36,000.00 IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, FLORIDA, UPON
THE EXECUTION OF A RELEASE, RELEASING THE CITY OF
MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B-27 AUTHORIZE ACQUISITION OF THREE PARCELS OF LAND WITHIN ALLAPATTAH
COMMUNITY DEVELOPMENT TARGET AREA - TO DEVELOP AFFORDABLE HOUSING TO LOW
AND MODERATE INCOME FAMILIES.
RESOLUTION NO. 88-624
A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE
OFFERS TO PROPERTY OWNERS FOR ACQUISITION OF THREE
PARCELS (PARCEL NOS. 03-13, 03-15 AND 03-17) WITHIN
THE ALLAPATTAH COMMUNITY DEVELOPMENT TARGET AREA AND
WHICH ARE MORE PARTICULARLY AND LEGALLY DESCRIBED IN
THE ATTACHED EXHIBITS "A" AND "A", TO BE USED FOR
THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES IN CONNECTION WITH THE CITY
SPONSORED SCATTERED SITE AFFORDABLE HOUSING
DEVELOPMENT PROGRAM; FURTHER DESIGNATING PREVIOUSLY
APPROPRIATED 11TH YEAR COMMUNITY DEVELOPMENT LAND
ACQUISITION FUNDS IN THE AMOUNT OF $1,000,000 TO
COVER THE COST OF SAID ACQUISITION; FURTHER
AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON
THE SUBJECT PARCELS AFTER EXAMINATION OF THE
ABSTRACT AND CONFIRMATION OF OPINION OF TITLE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.28 AUTHORIZE ACQUISITION OF ONE PARCEL OF LAND WITHIN MODEL CITY COMMUNITY
DEVELOPMENT TARGET AREA - TO DEVELOP AFFORDABLE HOUSING TO LOW AND
MODERATE INCOME FAMILIES.
RESOLUTION NO. 88-625
A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN
OFFER TO PROPERTY OWNER FOR ACQUISITION OF ONE
PARCEL (PARCEL NO. 02-44) WITHIN THE MODEL CITY
COMMUNITY DEVELOPMENT TARGET AREA AND WHICH IS MORE
PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED
EXHIBITS "A" AND "B", TO BE USED FOR THE DEVELOPMENT
OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME
FAMILIES IN CONNECTION WITH THE CITY SPONSORED
SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT
PROGRAM; FURTHER DESIGNATING PREVIOUSLY APPROPRIATED
11TH YEAR COMMUNITY DEVELOPMENT LAND ACQUISITION
FUNDS IN THE AMOUNT OF $1,000,000 TO COVER THE COST
OF SAID ACQUISITION; FURTHER AUTHORIZING THE CITY
ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCEL
AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION
OF OPINION OF TITLE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
21 July 14, 1988
0 0
4B.29 REQUEST METRO-DADE TO TRANSFER TITLE OF PUBLICLY -OWNED MELROSE NURSERY
SITE TO THE CITY OF MIAMI - ESTABLISH $1,200,000 AS REIMBURSEMENT TO THE
CITY FOR USE OF THE MELROSE NURSERY SITE BY MELROSE TOWNHOME
DEVELOPMENT, INC. - FOR HOUSING DEVELOPMENT.
RESOLUTION NO. 88-626
A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO REQUEST METROPOLITAN DADE COUNTY TO
TRANSFER TITLE OF THE PUBLICLY -OWNED MELROSE NURSERY
SITE TO THE CITY OF MIAMI; FURTHER AUTHORIZING THE
CITY ATTORNEY TO ACCEPT TITLE TO THE SUBJECT PARCEL
AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION
OF TITLE; FURTHER ESTABLISHING ONE MILLION TWO
HUNDRED THOUSAND DOLLARS ($1,200,000) AS
REIMBURSEMENT TO THE CITY FOR THE MELROSE NURSERY
SITE BY MELROSE TOWNHOME DEVELOPMENT, INC., A NOT -
FOR -PROFIT CORPORATION IN CONNECTION WITH THE LOW
DENSITY AFFORDABLE SALES HOUSING DEVELOPMENT TO BE
UNDERTAKEN BY THE AFOREMENTIONED PROJECT SPONSOR.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.30 AUTHORIZE MANAGER TO NEGOTIATE PURCHASE OR ACQUIRE THROUGH EMINENT
DOMAIN, PROPERTY LOCATED BETWEEN NW 1ST AVENUE AND NW 2ND AVENUE AT 34TH
TERRACE - TO DEVELOP A PUBLIC PARK. (NOTE: THIS ITEM WAS LATER
RECONSIDERED AND ULTIMATELY PASSED AND ADOPTED - SEE LABELS 38 (A) AND
(B).
RESOLUTION NO. 88-627
NOTE - THIS RESOLUTION WAS RECONSIDERED BY MOTION
88-653 - Label 38(A) AND WAS REPASSED AS MODIFIED BY
RESOLUTION 88-654 - Label 38(B).
4B.31 APPROVE IN PRINCIPLE MASTER DESIGN PLAN FOR BISCAYNE BOULEVARD (PREPARED
BY ROBERTO BURLE-MARX).
RESOLUTION NO. 88-628
A RESOLUTION APPROVING IN PRINCIPLE, THE MASTER
DESIGN PLAN PREPARED BY ROBERTO BURLE-MARX, FOR
BISCAYNE BOULEVARD AS A DEVELOPMENT STANDARD FOR ALL
FUTURE PUBLIC AND PRIVATE IMPROVEMENTS TO THE
BISCAYNE BOULEVARD PUBLIC RIGHT-OF-WAY AND ADJACENT
PRIVATE FRONT YARD AREA SETBACKS FROM THE MIAMI
RIVER TO N.E. 18TH STREET; REFERRING THE PLAN TO
PUBLIC AGENCIES, AND DIRECTING THE MANAGER TO
EXPLORE SOURCES OF FUNDING AND REPORT BACK TO THE
COMMISSION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.32 APPROVE ISSUANCE BY THE CITY OF MIAMI HEALTH FACILITIES AUTHORITY OF
HOSPITAL REVENUE REFUNDING BONDS (MERCY HOSPITAL PROJECT-$30,000,000)
(Note for Record: Commissioner J. L. Plummer abstained from voting on
this item.)
RESOLUTION NO. 88-629
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ISSUANCE BY THE CITY OF MIAMI, FLORIDA, HEALTH
FACILITIES AUTHORITY, HOSPITAL REVENUE REFUNDING
BONDS (i) (MERCY HOSPITAL PROJECT), SERIES 1988 A,
IN AN AGGREGATE AMOUNT NOT TO EXCEED $30,000,000, TO
REFUND ALL OR A PORTION OF THE AUTHORITY'S REVENUE
REFUNDING BONDS, SERIES 1983 A (MERCY HOSPITAL,
22 July 14, 1988
INC.), AND (ii) HOSPITAL REVENUE REFUNDING BONDS
(MERCY HOSPITAL PROJECT), SERIES 1988 B, IN AN
AGGREGATE AMOUNT NOT TO EXCEED $30,000,000, TO
REFUND ALL OR A PORTION OF THE AUTHORITY'S HOSPITAL
REVENUE REFUNDING BONDS (MERCY HOSPITAL PROJECT),
SERIES 1985 A.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.33 AUTHORIZING STREET CLOSURES AND ESTABLISHING AREA PROHIBITED TO RETAIL
PEDDLERS FOR PUERTO RICAN DAY CONSTITUTIONAL CELEBRATION JULY 23, 1988.
RESOLUTION NO. 88-630
A RESOLUTION CONCERNING THE PUERTO RICAN DAY
CONSTITUTIONAL CELEBRATION TO BE CONDUCTED BY THE
PUERTO RICO DAY FESTIVAL COMMITTEE ON JULY 23, 1988;
PROVIDING THE FOR THE CLOSURE OF DESIGNATED STREETS
TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS, SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES, CONDITIONED
UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED
AGAINST ANY POTENTIAL LIABILITY AND UPON THE
ORGANIZERS PAYING FOR ANY NECESSARY COSTS OF CITY
SERVICES ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4B.34 AUTHORIZING STREET CLOSURES AND ESTABLISHING AN AREA PROHIBITED TO
RETAIL PEDDLERS FOR GUSMAN CENTER FOR THE PERFORMING ARTS SEASON OPENER
SEPTEMBER 7, 1988.
RESOLUTION NO. 88-631
A RESOLUTION CONCERNING THE GUSMAN CENTER FOR THE
PERFORMING ARTS SEASON OPENING TO BE CONDUCTED BY
THE GUSMAN CULTURAL CENTER ON SEPTEMBER 7, 1988;
PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES; ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF
THE EVENT; CONDITIONED UPON THE REQUIREMENT THAT THE
CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY
AND UPON THE ORGANIZERS PAYING FOR ALL NECESSARY
COSTS OF CITY SERVICES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5. ACCEPT PROPOSAL BY U.S. IMPRESSION INC. TO PUBLISH A FREE ECONOMIC
PROFILE OF CITY/COUNTY.
I
------------------------------------------------------------------------------
Mayor Suarez: Item 2, Commissioner Dawkins.
Mr. Dawkins: When we had this before, I asked two questions - what would the
profit be, and it said here that 35 percent covers a firm overhead, which is
profit, the salaries, which is profit, taxes and profit, so they are going to
get 35 percent of this, is that correct?
Mr. Matthew Schwartz: I believe so, based on the information they have
provided us, and we would receive between 4,000 and 10,000 copies of the book.
23 July 14, 1988
Mr. Dawkins: Beg pardon?
Mr. Schwartz: You are correct, and the City would receive between 4,000 and
20,000 copies of a brochure similar to Los Angeles.
Mr. Dawkins: The proposer will provide the City as many as 20,000 copies, so
you are saying that you left out between 4,000 and 20,000? You left out the
4,000?
Mr. Schwartz: It depends on how many copies they run off, based on how much
advertising they sell, how many they can afford to print up, and that's how
they ...
Mr. Dawkins: All right, well what is the prorated scale on the number that he
prints up? He may print 100,000 and decide I need 4,000. He may get the
500,000 before I get 20,000!
Mr. Schwartz: I believe that we can negotiate this with him. We are asking
for the authorization to proceed with this. We could have this clarified.
Mr. Erdal Donmez: It is more like, you know, given the size ...
Mr. Dawkins: Identify yourself, sir, please.
Mr. Donmez: I'm Erdal Donmez, Department of Development. Given the size of
the City of Miami, and Dade County, and they expect to have anywhere from
15,000 to 20,000, and it could be as many as 50,000, but 20,000 looks, you
know, more likely at this point.
Mr. Dawkins: It does not say that in the item I'm voting on, sir. "As many
! as" could be anything. As many as 20,000. It did not say from 15,000 to
20,000. It didn't say from 10,000 to 20,000.
Mr. Schwartz: At your request, we would add this into the contract that the
City would sign, specifying the exact amount based on the total amount of
' advertising, but there is no direct cost to the City on this at all.
Mr. Dawkins: Am I the only one who has got a problem with this? If I am,
move it.
Mayor Suarez: OK, we have a motion on item 2. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
f RESOLUTION NO. 88-632
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
PROPOSAL MADE BY THE U.S. IMPRESSION INC. TO PUBLISH A
FREE ECONOMIC PROFILE OF THE CITY OF MIAMI/DADE
COUNTY.
(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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
24 July 14, 1988
------------------------------------------------------------------------------
6. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED ALLOCATION OF FUNDS FOR
"CAREER CRIMINAL PROGRAM (See labels 8 and 40)
------------------------------------------------------------------------------
Mayor Suarez: Item 5, Commissioner Dawkins.
Mr. Dawkins: OK, item 5 ...
Mayor Suarez: You know, the way you read that, it sounds like we are
implementing a career criminal program. I'm sure it means something other
than what it sound like, Lieutenant.
Mr. Dawkins: Mr. Manager, when you get through talking with Reagan, I'd like
to talk with you.
Mayor Suarez: Mr. Manager.
Mr. Plummer: Reagan doesn't speak Spanish.
Mr. Odio: I'm talking to my ... yes.
Mr. Dawkins: Hold it Bush is speaking there. On number 5, Mr. Manager, how
are we going to coordinate this, sir, with the State Attorney's Office and
Dade County?
Lt. Joseph Longueira: Commissioner Dawkins, we have already been working them
in their career criminal program. We have already you know, had meetings with
them and been working with them already.
Mr. Dawkins: So how are we going to coordinate it. Working with them is
fine. After we work with them, what do we come up with?
Lt. Longueira: If you go to the backup data, it shows that the career
criminal program has specific guidelines on the types of people they are going
to go after. We have established in the Police Department a career criminal
unit that will be working on these specific items with the State Attorney's
Office.
Mr. Dawkins: OK, we are going to assist the State Attorney's Office with
prosecutions, in order to obtain conviction and maximum penalty. How will
this insure us that the individuals we identify as quote, unquote, dangerous
criminals, how are we going to know that the judge and the warden, for the
lack of a better ... prison director, are not going to release these people
talking about making room for somebody else after we have spent all this money
to identify them as career criminals and because of the overcrowding, these
people get let out, and we spent this money. How are we going to avoid that?
Lt. Longueira: Sir, hopefully, if that is a concern of the Commission, the
Commission can take action and let the legislature and the courts know that
that is their position. The Police Department doesn't have any control on
those items. Our part is making the case, providing the evidence, and you
know, hopefully successful prosecution. From that point on, we don't have
input in keeping them in jail or not.
Mr. Dawkins: But, you are aware of the number of criminals that we work hard,
and when I say we, I mean the Police Department, spends sometimes three and
four days working, getting a conviction, and two months later, the guy is on
the streets. Now, we are spending money to identify the guys who all, and the
Police Department has to say is, Miller Dawkins was just let out, he committed
three rapes and now he is on the streets.
Mr. Plummer: Yes, but at least we know your name.
Mr. Dawkins: Oh, you will know the name then? All right, I am telling you,
here is a letter that I wrote, and you tell me about what we can do, and I
say: "The crime prevention, and the City of Miami along with the City
Attorney, we are in favor of a guideline being amended in the House Bill H-
1653. It is a significant step to remedying the problem we are confronted
with. I strongly urge you to support our plight." And this was saying that
career criminals need to put in jail and kept in jail!
25 July 14, 1988
Lt. Longueira: Right, I believe those guidelines, if I'm not mistaken, those
bills gave the judges some more leeway on stronger sentences and arrests
earlier in the number of arrest they have, and that was passed by the
legislature, I believe, that they modified the guidelines for sentencing.
Mr. Dawkins: Mrs. Range, is she here? Call her, I am going to see her next.
Mr. Plummer: I find no breakdown on 5 or 6, of how this money is going to be
spent.
AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED.
------------------------------------------------------------------------------
7. BRIEF COMMENTS CONCERNING CONTRACT FOR RENTAL OF AUTOMOBILES FOR POLICE
DEPARTMENT (See label 4)
---------------------------------------------------------- -------------------
Mr. Dawkins: Well, that was my next question, J. L. In item 21, we are
i renting 415,520 automobiles for surveillance and crimes.
Lt. Joseph Longueira: Right, some of that is for this unit.
Mr. Dawkins: All right, well then, over here, in this unit, you got of the
$35,000, a portion of it is earmarked for rental of vehicles.
Lt. Longueira: Yes, sir. Some of it is rental of vehicles, some of it is for
camera equipment, pagers for those investigators. This is the same group that
last year when you approved and they did the sting operation, the major sting
operation that was very successful, that's complete, now the same group is
going to go after career criminals.
Mr. Dawkins: But, if we are renting 80 automobiles for $415,520, in my
opinion, you should not be taking rental fees from $35,000. That money should
be utilized for something else. That is my personal opinion. I am not in the
Police Department.
Lt. Longueira: This $35,000, sets the money aside from the Law Enforcement
Trust Fund. Some of that money will go ... is part of the $415,000.
Mr. Dawkins: OK, but you see...
Mr. Plummer: That is not what it says in the backup material.
Mr. Dawkins: No, and when time comes for the budget hearing, you don't tell
me this, see?
Mr. Plummer: Well, the budget will tell you that $155,000 is coming from the
General Fund.
Lt. Longueira: Right.
Mr. Plummer: That's where it is misleading.
Lt. Longueira: Well, $155,000 of the $415,000 is coming from the General
Fund, and $260,000 is coming from Law Enforcement Trust Fund.
Mr. Plummer: 21, unless you get me a breakdown of the bids, there is no bid
in this thing at all!
i
Lt. Longueira: You passed 21 already on the Consent Agenda.
i
Mr. Plummer: Well then, Mr. Mayor, I wish to pull 21 back.
i
i Mr. Odio: What is that?
Mr. Plummer: There is nothing in this thing here, for almost a half million
dollars of automobiles, there is no bidding, there is nothing in here on the
bidding.
26 July 14, 1988
Lt. Longueira: We'd have to get Purchasing up for that item, sir, that's ...
Mr. Plummer: It is supposed to be in the backup material on every item that
is bid. I have nothing on it.
Mayor Suarez: Move to reconsider item 21.
Mr. Odio: Withdraw the item.
Mr. Plummer% No, I don't want to withdraw it. I just want to see the bidding
procedures. If you will recall, not last year, but the year before, we had
$300,000 worth of rental car equipment and we only got a single bidder, OK?
Mayor Suarez: Table item 21 until you get the documentation to the
Commissioner. Well, hold the motion for reconsideration until that point,
unless he wants to file a motion to reconsider.
Mr. Dawkins: OK, now, what was the explanation for renting 80 automobiles,
with $415,520, and yet, used some of the $35,000 to rent more automobiles?
Lt. Longueira: No, sir, you don't understand, the $35,000, we need your
approval to take that money and allocate it out of the Law Enforcement Trust
Fund. Part of that $35,000 is for ...
Mr. Plummer: For what?
Mrs. Kennedy: But specific for what?
Mr. Plummer: But we don't have a budget, Joe.
Lt. Longueira: I'll get you a budget.
Mr. Dawkins: Give me a breakdown of the $35,000, how much of it will go for
investigative aides, how much of it goes for rental vehicles, how much of it
goes for surveillance investigative equipment, how much of it goes for
miscellaneous office supplies, and what are they?
Lt. Longueira: Yes, sir, we will have it for you.
AT THIS POINT, THIS ITEM WAS TABLED.
------------------------------------------------------------------------------
8. CONTINUED DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED ALLOCATION OF
FUNDS FOR "CAREER CRIMINAL PROGRAM" (See labels 6 and 40)
------------------------------------------------------------------------------
Mr. Plummer: The same applies to 6. There is no breakdown of where $50,000
is going.
Mr. Dawkins: And on 6 ... OK, what are we going to do with 5?
Lt. Longueira: You could table it until later, I'll have it down here in a
little while.
Mr. Dawkins: OK, I table 5, Mr. Manager, until he brings his ...
i.
Mayor Suarez: Item 5 is tabled.
Ii. AT THIS POINT, THE ITEM WAS TABLED.
27 July 14, 1980
9
o
9. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED "PROJECT CITY VIEW" BY
POLICE DEPARTMENT (See label 41)
Mr. Plummer: Why don't you table 5 and 6?
Mayor Suarez: And 6?
Mr. Dawkins: No, no, I want to ask ... but see ...
Mayor Suarez: You have some questions on 6?
Mr. Dawkins: Yes, he has got to know what to bring me back on 6.
Mayor Suarez: OK, what do you want on 6, Commissioner?
Mr. Dawkins: Come back and tell me, when we establish TV monitors on Flagler,
from 1st Avenue to North Miami Avenue, explain to me, how, if that TV camera
picked up a person being mugged, purse snatched, or knocked down, what is the
procedure to get there?
Mr. Odio: Well, Commissioner, I had a meeting. As you know, we purchased the
I -Net system and we already have TV monitors, that will be monitoring
incidents. The advantage here is, that the monitors can pick up the incident
as it happens immediately and radio the closest police officer to the scene,
so they can get there much faster. Besides that, we are going to highlight
the cameras and the people will know the cameras are there and we think that
this will prevent crimes from being committed because people are afraid of the
cameras.
Mr. Plummer: I'll lay you even money within 30 days they steal the cameras.
Mr. Odio: Well, you know, Commissioner, if we don't try ...
Mr. Plummer: No, no, that is no joke!
Mr. Odio: Well, you know ...
Mr. Plummer: It is pathetic.
Mr. Dawkins: How are you going to steal a camera that is taking your picture?
Mr. Odio: I think that I really believe that this is a worthwhile program.
In fact, I would like to try it in Coconut Grove and in some other areas of
the City too.
Mr. Dawkins: Well, put them in my neighborhood, and you will, they will
definitely. I have no problem with that.
Mr. Plummer: Well, you know, you ought to combine ...
Mr. Dawkins: What I need to know, J. L., is if an individual in my
neighborhood, or almost any other neighborhood, gets a purse snatched, reports
it to the police, what is the response time?
Lt. Longueira: On a purse snatch? Probably five minutes.
Mr. Plummer: What?
Lt. Longueira: Probably five minutes.
Mr. Plummer: Not recently.
Mr. Dawkins: Probably. All right, hold it.
minutes, right? What is the maximum?
Mr. Plummer: An hour.
What is the minimum? Five
28 July 14, 1988
Lt. Longueira: Oh, it could be anywhere up to 30 minutes, I would say,
depending if it already occurred.
Mr. Dawkins: All right, now we got a TV camera, a person gets their necklace
ripped off their neck, you see it on TV, what is the response time?
Lt. Longueira: Hopefully, immediately, Commissioner.
Mr. Dawkins: Immediately from where? You don't even know where the hell the
cars are. Come on Joe, give me a break, man, come on!
Mr. Odio: No, Commissioner, we have foot patrols in Flagler.
Mr. Dawkins: Oh, we got He will run him down.
Mr. Odio: What happens, the police officer could be standing half a block
away and don't see the crime being committed. This way, we are seeing it for
him, and getting him there.
Mr. Dawkins: OK, but you see it but you OK, that is fine, OK, I watch
cartoons with my grandson and I don't know what is happening. I don't know
nothing about no rowboats and all that, OK, but I watch it, I have no choice.
I mean, unless somebody can explain to me how you are going to respond to
these TV cameras in a hurry. Now if you are telling me that two units will be
assigned to that area, just to respond to the TV monitors, you got me. But if
you are telling me that a guy has to come from the arena, to Flagler Street,
where it was reported to him, over the radio that a lady's purse was snatched
on Flagler Street, I mean, what are we accomplishing?
Mr. Plummer: Commissioner, let me offer you a little consolation, because I
think the whole real point to me has been missed. The reason they have the
video cameras in banks, is what I would hope is the same reason they are doing
here, and that is to identify, help them identify the guy who is doing it.
Now, you know, one camera, and that is all you are proposing, I assume, at
this kind of cost here, I don't know ...
Lt. Longueira: I believe there is two cameras ...
Mr. Plummer: OK, two cameras, whatever it is, you know, Joe, it is getting
ridiculous. I brought to your attention at the last Commission meeting, and
now it is even worse, we have pocketbook plaza down here, that they are
snatching between 12 and 15 purses a day, a day! - at the corner of Douglas
and Grand ...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: My friend ...
Mr. Odio: Sir, I am going to bring you a report on that, because I checked
that out when you said it the last time, and it ...
Mr. Plummer: You do that, and I want you then to take last night, and you
have moved them from Douglas ...and Grand over on to Main, OK?
Mr. Odio: At least we got them out of Douglas and Red.
Mr. Plummer: Now, they were on Main Highway snatching purses last night.
Now, you know, are we going to put up signs at that entrance, Not Welcome to
Miami but This is a Combat Zone? You drive through here at your own risk.
Mr. Odio: No, the point is, Commissioner, that we're trying this system with
the cameras trying to prevent this from occurring.
Mrs. Kennedy: Right, the way I see it is two ways. One, to identify the
criminal...
Mr. Plummer: That's the important one.
Mrs. Kennedy: ... and, two, to make sure that the criminal element avoids the
targeted areas.
29 July 14, 1988
Mr. Plummer: You know, I understand and I will vote with the motion because I
think it will help you identify the criminals. But it is absolutely getting
ludicrous in the Grove. Now, that doesn't mean that Miller isn't having the
same problems or downtown.
Mr. Odio: I'd like to try it in the Grove too.
Mr. Plummer: I can tell you without question, I can't do it today because
they know me by first name, but I'll take you to three corners in Coconut
Grove and buy you all the cocaine you want. You know it and I know it, OK?
All day long; three corners I can identify in Coconut Grove and yet it's only
spot that they're doing anything on it. Now, you know, you talk about the
sophistication of cameras, these guys selling the cocaine couldn't care less.
Like the guys that broke into my car when they stole my phone, I had an alarm
but it didn't give a damn to them. They still stole the phone. Now, I'm
saying that somewhere, something's got to give because now it is not just the
simple act of stealing a purse. Alongside of Taurus House the other night,
excuse me, afternoon, broad daylight, 2:00 in the afternoon, they knocked a
woman down 92 years of age to get $8.00 out of her purse and broke her arm.
OK? This is going on, if you take the 70 sector, 70 sector, I'll tell you
what you do, you send me the incident log of purse snatchings and armed
robberies that have taken place in 70 sector for the last ninety days. That's
easy to do with a computer.
Lt. Longueira: Yes, sir.
Mr. Plummer: OK? And I'll also tell you about my neighborhood, OK? Where he
and I and she live, in the last 45 days we have had, I think, 21 breakins.
And that doesn't include the number of cars stolen and the number of car
breakins. Now, we're talking about 50 thou... I'd rather hire another
policeman and stick him on a corner of Douglas and Grand and make an
apprehension right then and there. But I think that the camera will help in
identification and that's why I will vote because I think that it's good but
something's got to be done when anybody and everybody can go to three
locations in Coconut Grove and buy all the drugs they want, all they want.
And then the Miami Herald gladly publishes a tour guide of where to buy your
cocaine with a nice beautiful map that if you didn't know where to buy it
before, the Miami Herald showed you in a map where to go buy it. I mean, you
know, something has got to change.
Mayor Suarez: What are we doing on item six. Are you moving it, is that what
it sounds like?
Mr. Plummer: Well, I had asked for breakdown of how the money was going to be
spent. If you're telling me, all $50,000 is going for the purchase and
installation of the two cameras, I can accept that.
Lt. Longueria: I don't believe so, sir, what I've got down here it only shows
twenty some thousand for that, but I've got to go back and see what the rest
is. I'll get back with you.
Mr. Plummer: Well, I think the Commission should know what the money is being
spent for.
Lt. Longueira: Yes, sir.
Mr. Plummer: Because, as you well know, anything over $4500 has go to go
through a bidding procedure.
Lt. Longueira: Yes.
Mayor Suarez: Can you get to that to us, Lieutenant
Lt. Longueria: Yes.
Mayor Suarez: ... before the end of the day?
Lt. Longueria: Yes.
Mayor Suarez: OK, items tabled.
30 July 14, 1988
0 0
10. APPROVE TRADE-IN OF B-21 MICROCOMPUTERS TOWARD PURCHASE OF B-25
MICROCOMPUTERS FROM UNISYS CORPORATION.
Mayor Suarez: Item eight.
Mrs. Kennedy: Eight is very fast. I know that we do need computers. I just
want to make sure that they're not given out to departments that don't have
the capacity to hook them up. I want to know where they're going and day care
centers need to be computerized and I want to know if they're going to be
included.
Mr. Carlos Smith: The day care centers will be on item number 9,
Commissioner.
Mrs. Kennedy: I'm sorry.
Mr. Smith: On item number nine addresses the purchases of those computers.
Mr. Dawkins: What I'd like to know, Mr. Manager...
Mrs. Kennedy: So the answer is yes?
Mr. Smith: If item number nine passes, yes.
Mrs. Kennedy: OK. Well, considering that I was the one who pulled it, and
that was my question...
Mr. Smith: The answer is yes.
Mr. Odio: Yes, Commissioner Dawkins.
Mr. Dawkins: Now, I've been saying and you've agreed that the B-7000 is
obsolete.
Mr. Plummer: No, B-21 is obsolete.
Mr. Dawkins: And, for some reason, we are failing to purchase the new state
of the art computer, but yet, we're adding the software and other computer
items that are the new state of the art.
Mr. Odio: Commissioner, you're right, Carlos and I have been working for
about three months to identify the source to upgrade the main computer system.
However, this one will tie into whatever we do later. We're talking about
what? - $2 million dollars?
Mr. Smith: These are compatible, the 7900 which is the main frame. We
recognize the fact that we have to operate it. We have been looking at it, we
have been in conversations with UNISYS, the problem we're having is
identifying a funding source to pay for - and operate on the mainframe.
Mr. Odio: Commissioner, we do need to operate and that's a decision we're
going to have to make after we get the budget done in September I think we
have to face that that the system is going to be overloaded to an extent that
delays will be costly.
Mr. Dawkins: Well...
Mrs. Kennedy: Well, but you haven't answered my question. What departments
are they going to?
Mr. Smith: You're talking about the City Departments?
Mrs. Kennedy: Yes.
Mr. Smith: All City departments have the B-21 computer which is the micro-
computer. That's the first micro -computers that were bought. What we have
done, is we have contacted each of them and explained to them the pros and
cons of upgrading and so far, we only have one department that has said they
31 July 14, 1988
0 0
would not want to upgrade because of budget restrictions and that's the civil
service board. Everybody else has said they would like to upgrade so
everybody would get the upgrade.
Mr. Dawkins: How many persons will each department have to lay off to pay for
this unit since this unit is being charged to the budget of each department?
Mr. Odio: None.
Mr. Dawkins: You're sure?
Mr. Odio: Yes, sir.
Mr. Dawkins: And how many - how much paper we'll have to cut?
Mr. Odio: I don't understand that question, Commissioner.
Mr. Dawkins: OK. Mr. Manager, we are at the 10 mill cap. Our citizens
refuse to pass a bond issue. We do not have any other means of getting money.
Through your good leadership, you have consolidated, you have added, you have
deleted, you've laid off one person making $80,000 a year and bring on two
making forty. But you know and I know that with the X number of dollars in
America, you cannot purchase the same goods and services annually for the same
amount of money.
Mr. Odio: Yes, sir.
Mr. Dawkins: Tires go up, therefore, everybody using tires is going to have
to make an adjustment. Gasoline goes up; everybody using gasoline has to make
an adjustment. Uniforms go up, everybody making a uniforms have to make an
adjustment. And when you tell me that we have X dollars and we are going to
provide the same X services and I know that, for the lack of a better word,
inflation has caused these services to cost X plus one X, I just don't see how
we're going to do it. And now you tell me that you are going to purchase some
computers, you're going to charge them back to the budget, the same budget
where you gave a bonus to people for saving money and laying off people last
year and it's been cut to the bone and you're going to justify these
purchases, good luck...
Mr. Odio: Thank you.
Mr. Dawkins: ... God be with you.
Mr. Odio: Commissioner, well I don't want to get into the budget today but
for the last three years, we've been going through a process that I think is
paying off this year, which is for the first time, the budget we're finishing.
We're going to actually spend it to spend line items as compared to before
projected line items and we have found that - and the departments will agree
that we had monies sitting in line items that were never used and we are just
going to put the dollars where they belong and that way, we'll need less
dollars allocated. I hope that you'll see the results this year in this
year's budget coming up so. But I can assure you that I'm concerned about the
future also about revenues, as you know that, and...
Mr. Dawkins: OK...
Mr. Odio: ... but we do need some equipment and the better the equipment, the
more efficient it is the less people we need.
Mr. Dawkins: OK, for the fiscal year 1988 and '89, the City of Miami will
save approximately $36,000. How and where will you put the $36,000 that you
saved so that I can earmark it; it will not be some more of these phantom
dollars that I can never put my hands on?
Mr. Plummer: It's called funny money.
Mr. Odio: It'll go into the fund balance, Commissioner, and stay there.
Mr. Dawkins: No, no - OK...
Mr. Plummer (OFF MIKE): It's funny money.
32 July 14, 1988
%k f
Mr. Dawkins: Do me a favor...
Mr. Odio: Yes, sir.
Mr. Dawkins: Earmark it, bring it before the Commission and tell me and the
Commission, this is the $30,000 that I saved on computers and we're putting it
here.
Mr. Odio: Can I say if we don't spend it too?
Mr. Dawkins: Beg your pardon?
Mr. Odio: Can I say we won't spend it this year? I don't want to spend it.
Mr. Dawkins: No, first you identify it, then you can tell me what you're
going to do with it.
Mr. Odio: OK, we'll do that.
Mrs. Kennedy: Carlos, and get me a list also of the non profit groups that
the B-21's are going to. I don't need it right now.
Mr. Plummer (OFF MIKE): No, this is graded.
Mr. Smith: OK, we don't have a list yet. What we...
Mrs. Kennedy: OK, when you have it.
Mr. Smith: ... thought we'd do, is we would get the requests and then bring
them back to Commission for approval.
Mrs. Kennedy: All right, perfect, great.
Mr. Odio: But the ones we're going to get donated...
Mrs. Kennedy: Donations, those are the ones I mean.
Mr. Odio: ... what I'd like to see, maybe, is since they can only go to non
profit organizations is that maybe what we should do is allocate twenty to
each Commissioner and the Mayor and let you decide, if you want to, who should
get them. They have certain restrictions. As long as you follow the
restrictions, there are twenty to each and they are only to go to non profits.
One of the suggestions that I heard, I think it was from you, Commissioner
Kennedy, was that maybe we should donate it to people that would train...
Mrs. Kennedy: Right, Job Corps or...
Mr. Odio: ... minorities or people that don't have any access to computers to
learn how to operate them since the future is computers and you won't be able
to use a typewriter any more from what I see.
Mr. Plummer: Let me ask a question. Are you giving us assurances that this
equipment, which is being bought presently, which is a continuation of the B-
! 25 system we have, is compatible with the A-15?
Mr. Smith: Yes.
Mr. Plummer: Do you have that in writing?
Mr. Smith: One hundred percent.
Mr. Plummer: You have that in writing?
Mr. Smith: The...
Mr. Plummer: Do you have that in writing?
Mr. Smith: I do not have it in writing but I can get it for you in writing.
Mr. Plummer: Well, let me tell you something, OK? And I'll tell my
colleagues. As you know, I was deeply involved in the purchase of the 7900s,
OK? And at that time, at that time that we were the proud owner of the first
33 July 14, 1988
a f
in the country of the 7900s, they showed us what we would be buying today, the
A-15. OK? Now, all I'm saying to you is, we've got a lot of money involved
in computers. I want something in writing from whatever this new name is...
Mrs. Kennedy: UNISYS.
Mr. Plummer: ... that all of this equipment is compatible with the A-15.
Mr. Smith: I'll get that for you, but let me explain something, Commissioner,
we have been looking at the A-15 and the A-17 as an upgrade and part...
Mr. Plummer: I haven't seen the 17.
Mr. Smith: ... part of the upgrade is that we would keep the front end
communications box - the same one that we have now - and that's really what
controls the communications between the outside peripherals, meaning the
microcomputers terminals and so forth, and the mainframe. And that's still be
the same so they'll be compatible, I'll get that for you in writing.
Mr. Plummer: What's the difference in price between the 15 and the 177
Mr. Smith: I don't remember right off the top of my head, but I believe it's
approximately a million or so. They have given us a proposal of a 17 which is
approximately four times as fast as the 17, I know...
Mr. Plummer: I'm aware of that. I'd like to see those proposals.
Mr. Smith: I'll have them to you.
Mrs. Kennedy: Move eight if there's no further discussion.
Mayor Suarez: OK, item 8's been moved. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Second. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-633
A RESOLUTION APPROVING THE TRADE-IN OF ONE -HUNDRED
FOUR B-21 MICROCOMPUTERS TOWARD THE PURCHASE OF ONE -
HUNDRED FOUR B-25 MICROCOMPUTERS FROM UNISYS
CORPORATION, UNDER AN EXISTING DADE COUNTY CONTRACT
FOR THE PURPOSE OF USING THE TECHNOLOGICAL
ADVANCEMENTS OF THE B-25 MICROCOMPUTERS TO ACHIEVE
SIGNIFICANT PERFORMANCE AT A LOWER COST IN THE AREA OF
INFORMATION PROCESSING AS WELL AS TO HAVE THE
FLEXIBILITY OF CUSTOMIZING CONFIGURATIONS, ADDING
DIFFERENT OPTIONS AND USING AN ASSORTMENT OF SOFTWARE
AND APPLICATIONAL PACKAGES NOT AVAILABLE TO THE B-21
WORKSTATIONS, IN ADDITION, TO ACHIEVE A REDUCTION IN
MAINTENANCE COST OF 62 PERCENT; ALLOCATING FUNDS
THEREFOR FROM THE COMPUTER DEPARTMENT'S CAPITAL
IMPROVEMENT PROJECT NO. 315231, INDEX CODE 469401-880,
AND FROM THE DEPARTMENTAL OPERATING BUDGETS OF THE
VARIOUS CITY DEPARTMENTS IN THE TOTAL AMOUNT OF
$54,765.03 FOR THE FISCAL YEAR 1988-89 PAYMENT, AT A
TOTAL COST OF $240,266 OVER A FIVE (5) YEAR PERIOD;
AUTHORIZING ACCEPTANCE OF THE DONATION TO THE CITY BY
UNISYS OF THE B-21 MICROCOMPUTERS BEING TRADED -IN FOR
THE PURPOSE OF DISTRIBUTION BY THE CITY COMMISSION TO
VARIOUS LOW INCOME NON-PROFIT GROUPS.
(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:
34 July 14, 1938
■!
W.
a a
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
11. AUTHORIZE PURCHASE OF ADDITIONAL MICROCOMPUTERS AND PERIPHERAL EQUIPMENT
FROM UNISYS
Mrs. Kennedy: I move nine.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion on item nine? Call the
roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-634
A RESOLUTION AUTHORIZING THE PURCHASE OF ADDITIONAL
MICROCOMPUTERS AND PERIPHERAL EQUIPMENT CONSISTING OF
TWENTY-FOUR MICRO COMPUTERS, ELEVEN PRINTERS AND
ASSOCIATED PERIPHERALS AT A TOTAL COST OF $169,000 BASED
ON AN ANNUAL COST OF $28,000 FOR VARIOUS USER CITY
DEPARTMENTS FROM UNISYS CORPORATION UNDER AN EXISTING DADE
COUNTY CONTRACT; ALLOCATING FUNDS THEREFOR FROM
DEPARTMENTAL OPERATING BUDGETS OF THE VARIOUS USER CITY
DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS EQUIPMENT SUBJECT TO THE AVAILABILITY OF FUNDS;
FURTHER RATIFYING AND APPROVING THE PAST ACQUISITION OF
UNITS CONSISTING OF FORTY-SEVEN MICRO COMPUTERS, THIRTY
PRINTERS, SIX TERMINALS AND PERIPHERAL EQUIPMENT UNDER A
THEN CURRENT STATE OF FLORIDA CONTRACT AT A TOTAL COST OF
$363,700 BASED ON AN ANNUAL COST OF $82,600 FOR VARIOUS
USER CITY DEPARTMENTS WITH FUNDS THEREFOR HAVING BEEN
ALLOCATED FROM PUBLIC FACILITIES GRANT FUNDS, POLICE AND
FIRE BOND FUNDS AND FROM THE APPROPRIATED DEPARTMENTAL
OPERATING BUDGETS OF THE VARIOUS USER CITY DEPARTMENTS.
(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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I vote no because I just don't think that we should be upgrading
it piece meal. I think it should be done all at one time and I know a total
price of what we're doing instead of piece meal.
35
July 14, 1988
12. APPROVE PURCHASE OF SWEEPERS FROM METRO -TECH EQUIPMENT CORPORATION UNDER
AN EXISTING CORAL GABLES BID
Mayor Suarez: Item 10, Commissioner Dawkins.
Mr. Dawkins: Mr. Williams, when we purchased some sweepers that didn't
perform, is this two of the same nonperforming sweepers?
Mr. Ron Williams: These are Elgin's, Commissioner, that we're purchasing. I
believe you're referencing the
Mr. Dawkins: I'm a layman, I do not know what you're saying, sir. All I need
to know is, is this the same type of a sweeper of the last - how many we
purchase before, four or six, the last ones?
Mr. Williams: Four.
Mr. Dawkins: Is this from the same company that manufactured the last four?
Mr. Williams: No, sir.
Mr. Dawkins: All right, good. Secondly, is this money coming from the bond
pollution money or from the general account?
i
Mr. Williams: The general account.
i
1 Mr. Dawkins: OK, all right, get me a report on how money is left in the bond
money to purchase sanitation equipment and where we are at purchasing it
because the budget is about to run out and I don't need no carry overs.
Mr. Williams: Yes, sir.
Mr. Dawkins: Thank you, sir. Move ten.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any particular reason, following the same line of
questioning before we take a vote on it, Ron, why it is treated as an
operating as opposed to capital expenditure from the bonds?
4�.
}' Mr. Williams: Mr. Mayor, to my best understanding, I believe it's based on
the type of purchase...
i' Mayor Suarez: The useful life of it or...
Mr. Williams: No, essentially replacement or expansion of services is
essentially the issue.
Mayor Suarez: And when you send the Commissioner that report on the bond
availability from sanitary bonds that we've passed in the past, would you make
that available to the rest of the Commission. That would be interesting to
read. That's a good request. OK, call the roll.
36 July 14, 1988
IN
16 10
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-635
A RESOLUTION APPROVING THE PURCHASE OF TWO (2) THREE
WHEEL SWEEPERS FROM METRO -TECH EQUIPMENT CORPORATION
UNDER AN EXISTING CITY OF CORAL GABLES BID NO. 87-306
FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
AT A TOTAL PROPOSED COST OF $139,992.00; ALLOCATING
FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET
ACCOUNT CODE NO. 420301-850; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
13. BRIEF COMMENTS CONCERNING OFFICERS WHO DONATED SERVICES FOR FUNERAL
PROCESSION FOR CHELSEA WILEY
Mayor Suarez: Vice Mayor Kennedy, before we get on item 12, let me announce
and read for the record a very nice memorandum received this morning,
presumably with the approval of the chief and the City Manager, from assistant
chief Walter Martinez. It states as follows:
"The below listed enforcement officers have volunteered to donated their
services to provide escort for the funeral procession of Chelsea Wiley.
which I presume is today, if I understand correctly, and they are
"Lt. Gene Tellis, badge no. 6974; Sgt. Vernest Alexander, 0080; Officer
Irving Garriga, 2218; Officer Anthony Sharpstein, 6400; and Officer
Charles E. Smith, 6569."
It would be nice if the media would take notice volunteer services being
provided in this tragic situation by our motorcycle police officers.
Mr. Odio: By remitting, we...
Mayor Suarez: And it would be also nice if the Manager didn't interrupt the
reading into the record.
37 July 14, 1988
14. ACCEPT BID OF FORD BUSINESS FORMS FOR 4000 SECOND HAND DEALER BOOKLETS
FOR POLICE DEPARTMENT (SEE LABEL 44)
------------------------------------------------------------------------------
Mayor Suarez: Item 12, Vice Mayor Kennedy.
Mrs. Kennedy: OK, this is very fast. It's awarding a contract to a woman
owned vendor. If we turn to page six, Names of Company Owners, William E.
Ford and Diane R. Ford, but if we look further down in signatures, it's
William E. Ford, only. My question is, is this a real woman owned firm?
Mr. Ron Williams: It has been certified, woman owned, Commissioner, by our
minority procurement officer. I am certain that that's accurate.
Mrs. Kennedy: OK. Another thing, this is out of Coral Springs. Can we find
somebody in the City of Miami? I don't know how hard we're looking, but keep
that in mind. OK.
Mr. Williams: We will.
Mr. Plummer: Well, let me ask a question. First of all, what is a second
hand book?
Mayor Suarez: It's been used already.
Mr. Plummer: Yes, I know it's been used already but what's it...
Mr. Odio: This is a second hand dealers book. I used to....
Mr. Plummer: Yes, but we're making a fourth...
Mr. Odio: Pawnshops...
Mr. Chip Landrau: Commissioner, it's for the pawnshops.
Mr. Plummer: I didn't know we had 4,000 second hand dealers in this City.
Mr. Landrau: No, it's a booklet for information on rules and regs and state
statutes for pawnshops; pawnshop procedures.
Mr. Plummer: We have 4,000 pawnshops in Miami?
Mr. Landrau: No, sir.
Mr. Plummer: Well, why are we printing 4,000 books?
Mr. Landrau: It's for the citizens and also the officers.
Mr. Odio: It's for anyone.
Mr. Landrau: Citizens, for anyone and the dealers.
Mr. Plummer: Do they pay for them?
Mr. Landrau: No, this isn't...
Mr. Plummer: Why not?
Mr. Landrau: It's coming out of our...
Mr. Plummer: I mean, you know...
Mr. Odio: Do you want to charge? I'll be...
Mr. Plummer: Why not, I would think that that would be the case.
Mr. Odio: Set a price.
38 July 14, 1988
f 9
Mr. Plummer: And the final question, we have a print shop. Why isn't it
being done in house?
Mr. Landrau: I can get back with you on that. I think it was due to the
number. Four thousand, the print shop wasn't capable of handling that but I
can get back to you on that, Commissioner.
Mrs. Kennedy (OFF MIKE): Do you want to table it?
Mr. Dawkins: Do we have pawnshops in the City?
Mr. Plummer: We got a print shop. I mean...
Mr. Landrau: Yes, sir.
Mr. Plummer: ... you know, let's put it out of business and...
Mr. Landrau: We have a pawnshop detail that does enforce...
Mr. Dawkins: Do we have - no, no, no, I don't care about the detail, do we
have pawnshops located within the confines of the City of Miami?
Mr. Landrau: Yes, we do.
Mr. Dawkins: How many?
Mr. Landrau: I don't know off hand.
Mr. Dawkins: Well, I got another beef that the Commissioner De Yurre's
bringing up so I'll wait until then for the rest of it. Thank you, sir.
Mayor Suarez: What do you want to do with the item?
Mrs. Kennedy: Do you want to table it until later?
Mr. Plummer: Yes, my question, I think, is a simple question, why we're not
doing it in house?
Mr. Williams: If I may respond to that, Commissioner. You're absolutely
correct, we do have a print shop and we do a tremendous amount of printing.
Quite often and as is the case here, we have to evaluate whether or not it's
economical to perform the work in-house or go outside. Another side of that
is, certain kinds of expertise is required, the timing that's required and all
of those issues have to be evaluated and then we make a decision whether or
not we should do it inside or contract it out. The tremendous majority of the
City's printing is done in house.
Mayor Suarez: Tabling the item? Are you requesting to table...
Mr. Plummer: As far as I'm concerned, Mr. Mayor, pass it but I think there
should be a fee established for the cost of the book.
Mr. Williams: We most certainly can establish that fee.
Mr. Plummer: I mean, if you charge $2.00 a book, you got your money back.
Mayor Suarez: Do you want to move it with that proviso?
Mr. Plummer: Yes, sure, two dol...
Mayor Suarez: The problem of printing it ourselves too might involve some
copyright problems if these are printed forms that are accepted out there in
the industry.
Mr. Dawkins: Well, how can we run into copyright problems and nobody else
does?
Mayor Suarez: They've copyrighted these presumably.
Mr. Dawkins: Beg your pardon?
39 July lk, 1988
Mayor Suarez: They own the copyright, the Ford Business Forms. Who ever it
is that prints it.
Mr. Williams: l don't think that's the case, Mr. Mayor. We'll look at that
closely.
Mayor Suarez: OK.
Mrs. Kennedy: All right.
Mr. Plummer: And you will make a determination that the woman of this company
is 51 percent owner of that company.
Mr. Williams: Yes, I'm getting a nod...
Mr. Plummer: You'll send us a verification that that is the case. That she
owns 51 percent of the stock.
Mayor Suarez: OK.
Mrs. Kennedy: All right.
Mayor Suarez: With those provisos, are you moving it?
Mrs. Kennedy: Move it.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any further discussion? Call the roll on item 12.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-636
A RESOLUTION CONDITIONALLY ACCEPTING THE BID OF FORD
BUSINESS FORMS FOR FURNISHING 4000 SECOND HAND DEALER
BOOKLETS FOR THE POLICE DEPARTMENT TO THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED
AMOUNT OF $8,400.00, WITH FUNDS THEREFOR ALLOCATED
FROM THE 1987-88 OPERATING BUDGET ACCOUNT CODE NO.
290101-773; FURTHER CONDITIONALLY AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: ITEM NUMBER 16 WAS TABLED FOR THE AFTERNOON
SESSION.
L'Z1]
July 14, 1968
15. ACCEPT BIDS OF TWELVE SUPPLIERS FOR OFFICE SUPPLIES.
Mayor Suarez: Item fourteen has modifications, which are they before we vote
on it?
Mr. Jorge Fernandez: Yes, the modifications are simple. We just make sure
that in the body of the resolution...
Mr. Dawkins (OFF MIKE): Fourteen?
Mr. Fernandez: ... we included language that addresses the issue of when
identical bids are submitted or been submitted in identical amount, the award
is being made to a minority vendor and, likewise, where identical bids have
been submitted by a Dade County vendor, and a non Dade County vendor, the
award is being made to the Dade County vendor and that's standard language
that was missing from that and that's just a....
Mayor Suarez: OK.
Mr. Plummer: What happened to our proposal to give City of Miami vendors a 10
percent edge? We've talked about that a number of times that people that
reside and have their businesses in the City should have an edge.
Mayor Suarez: In any evaluation, they get a 10 percent edge, yes.
Mr. Plummer: Well, 10 percent, 5 percent, but some edge...
Mayor Suarez: Or five, whatever it was.
Mr. Plummer: ... why not, hey, I love to do business with home folks.
Mayor Suarez: Was that an issue in this, Ron?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Was that ordinance that we passed giving a 5 percent or a 10
percent preference to local bidders an issue in this?
Mr. Williams: I believe, and I'm just trying to recall the wording as
provided by the law department.
Mr. Plummer: I brought it up because he's talking about identical bids.
Mr. Odio: They were both low bidders.
Mr. Williams: I believe the bids were identical.
Mr. Odio: They were identical bids so what we're saying is of the two bids,
we're giving the minority the one, the break.
Mr. Plummer: But is that also in consideration the City...
r Mayor Suarez: Yes, did they take into consideration the 5 percent preference
to local bidders? I presume you did.
Mr. Williams: We took into consideration preference, Mr. Mayor.
i
+; Mayor Suarez: You want any backup support on that or - just be sure you do,
jj because that's an ordinance. Otherwise, we're acting against our own code.
Commissioner is right. Are you sure you acted within the code?
Mr. Plummer: OK, fine, if they did...
Mr. Williams: Yes, sir.
Mr. Plummer: ... you know, if they didn't, they'll have to come back.
41 July 14, 1988
Mayor Suarez: All right, he's smiling and he says he did. Do we have a
motion?
Mr. Plummer: I'll move it, Mr. Mayor.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Call the roll. Item fourteen.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-637
A RESOLUTION ACCEPTING THE BIDS OF TWELVE (12)
SUPPLIERS, FOR FURNISHING SPECIFIED AND BALANCE OF
LINE OFFICE SUPPLIES, AS NEEDED, ON A CONTRACT BASIS
FOR ONE (1) YEAR TO THE GENERAL SERVICES
ADMINISTRATION DEPARTMENT, DIVISION OF
PROCUREMENT/CENTRAL STORES AT A TOTAL PROPOSED COST OF
$270,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1988-
89 INTERNAL SERVICE FUND - CENTRAL STORES ACCOUNT NO.
420801-700-511000; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE MATERIALS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
16. ACCEPT BID OF C.O.B.A.D. CONSTRUCTION CORP. FOR SOUTH DISTRICT (LITTLE
HAVANA) POLICE SUBSTATION.
------------------------------------------------------------------------------
Mrs. Kennedy: No, I pulled 24 just to know where we stand.
Mayor Suarez: Twenty-four, Vice Mayor Kennedy.
Mrs. Kennedy: How long is this going to be before...
Mr. Dawkins(OFF MIKE): What is twenty...
Mrs. Kennedy: Twenty-four is the substation, the south district substation.
Yes. How long will it take to complete your toxic inspection?
Mayor Suarez: The toxic testing should have been completed, was it not?
Mr. Odio: I believe it was, yes.
Mrs. Kennedy: It was? OK.
Mayor Suarez: Now we're just awarding the...
Mr. Odio: We're awarding the bid now and then fully we'll get it on the way.
42 July 14, 1988
Mr. Plummer: I'll ask again on the record, the total cost with everything is
under five million dollars.
Mayor Suarez: Better be. That was pretty clear.
Mr. Plummer: 1 want to make sure now. The total cost, with everything,
including the ribbon which we will cut eventually, is under five million
dollars.
Mr. Don Cather (OFF MIKE): The answer is no.
Mr. Plummer: Then drop dead.
Mrs. Kennedy: Well, they have a list of possible areas of reduction.
Mr. Plummer: How many times are we going to have to beat into somebody's head
what we'd promised the voters? We told you to go back and to redo the thing
to bring it within the 5 million dollars. Now who is trying to build a
monument to themselves?
Mrs. Kennedy (OFF MIKE): Let's see the cost overruns.
Mayor Suarez: How much are those items add up to that are possible areas of
reduction, $150,000, is that what you're saying?
Mr. Don Cather: Yes.
Mayor Suarez: It still doesn't bring us under 5 million, even if all of those
were eliminated?
Mrs. Kennedy: How much are we off?
Mr. Cather: The bid is - the south district total is 5 million, three ninety-
eight - $5,400,000.
Mr. Plummer: No way.
Mayor Suarez: That's what I'm looking at.
Mr. Plummer: No...
Mr. Cather: Now we can eliminate - possible elimination reduction...
Mayor Suarez: A hundred and fifty.
Mr. Cather: ... is a hundred and fifty. We still - huh? Well, say 2 hundred
thousand. We're still $200,000 short.
Mr. Plummer: You can't be! You have explicit, explicit instructions from
this Commission, whether it's you, Don Cather, or the City Manager, 5 million
dollars. We have beat this in and beat it in. Why is someone not listening?
Mr. Odio: Tell us what to cut, Commissioner.
Mr. Cather: We are...
Mr. Plummer: Sir, you go and you spend what you can afford.
Mr. Odio: Tell us what to cut, Commissioner.
Mr. Plummer: That's not my job.
Mr. Odio: We have cut as far as we can.
Mr. Plummer: That's no my yob. OK?
Mr. Odio: OK, then, we go out for...
Mr. Plummer: But when you go in there and you build in gymnasiums and you
build in saunas and you build in...
Mr. Odio: We don't have gymnasiums...
43 July 14, 1988
I
Mr. Plummer: You took it out.
Mr. Odio: ... and we don't have saunas.
Mr. Plummer: You took it out.
Mr. Odio: This is a bare bones substation.
Mrs. Kennedy: And they have even taken out the hot water.
Mr. Plummer: I'm telling you... you know, how can you understand...
Mr. Odio: Commissioner, I understand...
Mr. Plummer: ... what have we got to do to make you understand?
Mr. Odio: Fine, I'll tell you what we'll do, we'll throw out this bid, go out
for bids again and see what we get.
Mayor Suarez: No, no, no, no, no, no...
Mrs. Kennedy: No, no, no, no, no...
Mr. Odio: Mr. Mayor...
Mayor Suarez: We're going to... wait, wait, Mr. Manager, we're going to get
what the Commission wants to do on this because if...
Mr. Odio: Tell me what the Commission...
Mayor Suarez: ... the Commission wants to vote to go ahead and go to 5.2, I
want to build this station and we've got more than enough interest in there...
Mr. Plummer: We all do.
Mayor Suarez: I know you do but you have a preference for staying within 5
million even if it takes forever and I don't. I want to build it, so we're
going to have to vote on it...
Mr. Plummer: Mr. Mayor...
Mr. Dawkins: OK, let me say...
Mayor Suarez: We're going to have to vote on it, that's all I'm saying.
Everybody can express their preference.
Mr. Dawkins: OK, all right, I have no problem voting on it. I have no
problem voting on it. But we have problems now convincing citizens of the
City of Miami to go along with bond issues and they turned them down. And the
reason they turned them down is that we don't do what we said we were going to
do with the bond money that they come up with. Now, we hired a consultant for
the north station and I don't understand how the Manager still got people
working for him who have failed to do what we were told to do.
Mr. Odio: No, Commissioner...
Mr. Dawkins: Wait a minute, let me... no, wait, I'll hear you if you wait
till I finish, OK? When we got to the point where the station in the north
! was cost prohibited, we brought in a consultant along with Mr. Judd who was
supposed to go step by step eliminating cost and as you eliminate cost, you
i
would remain within the budgetary amount. And if I'm in error, correct me,
! Mr. Manager, nothing was to have been approved and given to the contractor
4i unless that that was proffered would keep the station within the budgeted
i' amount.
Mr. Odio: That's right.
Mr. Dawkins: All right, now, yet you come back here to me and tell me that -
although you've been given these orders, you gave these orders out, I didn't -
you've got people coming back to you saying, "We cannot build a station
because we need $250,000". Now, let me ask you, Mr. Manager, how much
44 July 14, 1988
overpayment have you paid the contractor when you were supposed to make him
stay within budget?
Mr. Odio: In substation, Little Havana, zero.
Mr. Dawkins: Sir? On the north station?
Mr. Odio: Zero.
Mr. Dawkins: No, no, no... no, all right, ask somebody...
Mr. Odio: ... on the substation.. let me, no wait. The substation in Little
Havana is going to...
Mr. Dawkins: No, no,no, no. I'm talking about the north campus.
Mr. Odio: It's going to cost $5,117,000.
Mr. Dawkins: OK, I'm talking about the north right now.
Mr. Odio: $5,117,000. That's what the total cost is going to be.
Mr. Dawkins: Five what?
Mr. Odio: Five million, one, one, seven.
Mr. Dawkins: You don't have one, one seven. The voters told you $5,000,000.
That's all I'm saying, Mr. Manager.
Mr. Plummer: That's all you got.
Mr. Odio: Wait, wait, can I go back to the Little...
Mr. Dawkins: No, no...
Mr. Odio: You're right, we'll cut the $117,000 out. But in the meantime, in
the south district, we had to pay $2,211,000 for land acquisition where we
paid zero dollars in Liberty City.
Mr. Plummer: Has no bearing on it.
Mr. Odio: Fine, Commissioner, but in order for us - and I'm telling you we've
been meeting for two or three weeks now, in order for us to cut this
substation even more, we would have to go back to redesign and start all over
again.
Mr. Plummer: You should have done that before now.
Mr. Odio: Which is going to cost more.
Mr. Dawkins: I am with you a hundred percent, but I'm saying, when I
campaigned for the bond issue, I helped sell the bond issue on the fact that
we were going to spend 5 million dollars on each station.
Mr. Odio: Fine...
IMr. Dawkins: Now, right - yes, that's what we said.
Mr. Odio: Yes, sir.
Mr. Dawkins: All right and when we found out that it was over budgeted, we
brought in a staff, you hired Wright who would sit down and Wright was
supposed to rework all of the plans.
Mrs. Kennedy: And he did. He put cheaper grade and cheaper carpeting.
i
j Mr. Dawkins: Now, now, so - and nothing was supposed to have been approved
that Wright did that raised the cost above 5 million dollars. Now you tell me
l�
you got $5,100,000, that's contrary to what we told you.
Mr. Odio: Yes it is, Commissioner, but we have to face realities. It's very
t. fine to go out and campaign for 10 million dollars when nobody did it - nobody
knew you would have to pay $2,000,000 for a land acquisition in Little Havana.
45 July 14, 1988
Mr. Plummer: But, you see, that's...
Mr. Odio: They should have thought of that when they went out and bought the
land.
Mr. Plummer: That is not the point. The point is, you live within what you
have.
Mr. Odio: Fine, then I want permission from this City Commission to go back
to redesign so we can do a substation within the 5 million dollars in Little
Havana.
Mrs. Kennedy: If we don't approve this today, this is the last day for
C.O.B.A.D.'s contract to expire at this price.
Mayor Suarez: No, there's no way we can go back to redesign this thing.
Mr. Plummer: It doesn't mean you still can't cut.
Mayor Suarez: Because following on Commissioner Dawkins' point of people not
approving bonds, let me disagree and say that - I don't disagree, I mean, I
agree that one of the reasons they don't is that we sometimes spend more than
we tell them we're going to spend. But the other reason, and perhaps more
important, and I think more important, is that we take too long to get thirgs
done that people have approved. These bonds were approved when, Lieutenant?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: 1984, now we had to pay $2,211,023 for that land minus the
printing shop, if I remember correctly. Good ole Mr. Albers is still over
there and, you know, we did the best we could, we did not envision it would
cost that much. I've said and I think all of us have said in our respective
public appearances that it would have made a lot more sense to buy a parcel
that was owned by one owner. This one was owned by seven or eight, any one of
which could hold us up so we had to pay more than - it was not a smart way to
proceed. I don't think it could be blamed on anybody who's sitting here now.
And we have a lot less money available to build it so it comes...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Three hundred eighty-nine, ninety-eight thousand dollars over
($389,098). We've got more than that in interest already accrued, you're
proposing that you can subtract another $200,000 which means we'll be $198,000
over the entire budget even though we have to pay 2.2 just to acquire the
land. And, on that basis, if this Commission wants to go ahead and build this
station, I'll entertain a motion to approve this item.
Mr. Plummer: Well, Mr. Mayor, let me disagree with you, OK? I'm convinced
that one of the reasons that the bond issues have been turned down is the
credibility. You establish a credibility and you go forth and you make a
promise and you live up to that promise and we're not doing it. Now, they
knew that, they knew there was X number of dollars for the purchase of land,
then you have to build a station with less square footage.
Mr. Plummer: And you see, but they didn't do that.
Mayor Suarez: We did, really, because of the length of time that it has taken
to get to this point, it costs more. I mean, there's always inflationary
factors, roughly 4 percent a year, for four years, that's 16 percent without
compounding and this is coming in within 10 percent if we take it a 5.2
million. We have made interest higher than that so we've come within our
promise. The bonds were passed in '84 and in 1984 dollars we're going to be
below 5 million dollars. And we happen to have made interest on it. If we'd
taken the money and not made any interest on it, it would have been very silly
of us and then we would have broken our pledge to the voters. This way, I
think we're quite reasonable and if we don't approve it, frankly,
Commissioner, I just don't think it's going to be done.
Mr. De Yurre: Question.
46 July 14, 1988
Mr. Plummer: Do you think that this is the last time you've heard of this?
Huh? Let me tell you something...
Mayor Suarez: Well, any project that gets built, if this is what you're
Implying, has some possibility for...
Mr. Plummer: Let me tell you something, I have never seen a project yet in
this City...
Mayor Suarez: You're right about that.
Mr. Plummer: ... that didn't go 10-20 percent over.
Mr. Odio: We just opened the Miami Arena, Commissioner...
Mrs. Kennedy: Under budget.
Mr. Plummer: Yes, that's the next one I want to talk about.
Mr. Odio: And it did not go over 10 percent.
Mr. Plummer: Fifty million dollars, why am I hearing on the media that it was
a 54 million dollar? The media is saying fifty four.
Mr. De Yurre: Do you believe what you read in the media?
Mr. Dawkins: Go ahead, go ahead.
Mr. De Yurre: Question. The money that we're talking about is going to come
from interest that's earned, OK, but we've been paying for the bonds also. So
it's pretty much a wash in reality, right?
Mr. Dawkins: No, it's not a wash.
Mr. De Yurre: Well, at least.
Mr. Dawkins: OK.
Mr. De Yurre: It's not to our benefit.
Mr. Dawkins: How much money you got in the interest?
Lt. Joseph Longueira (OFF MIKE): We have, I'm
more than the $500,000.
. I know it's
Mr. Dawkins: OK, how much, no, no, no. How much do you have in interest?
Lt. Longueria: I'll have to find out for you, Commissioner. I'll get with
finance.
4 Mayor Suarez: Roughly, is what he's asking, lieutenant.
f
Mr. Dawkins: All right, OK...
Mr. Odio: $800,000 in interest.
Mr. Dawkins: OK, I can do it better than that.
Mr. Odio: Commissioner, $800,000 in interest.
Mr. Dawkins: Eight hundred thousand?
Mr. Odio: Yes, sir.
Mr. Dawkins: All right, then $400,000 belongs to the north station because it
was earned on north station money and $4,000 belong to the...
Mr. Plummer: Four hundred.
Mr. Dawkins: $400,000 belong to that. Now, but, now what are you going to do
with the $400,000 that I don't plan to let you spend on the north station?
47 July 14, 1988
Mr. Odio: We'll take $117,000, if you want to, and...
Mayor Suarez: Just answer him, it's up to the Commission.
Mr. Odio: It's up to you.
Lt. Longueira: Commissioner, can I - let me explain one thing. When you gave
us...
Mayor Suarez (OFF MIKE): It's up to us, what you want to do with it.
Lt. Longueira: ... Ed Wright to work with, we were doing what's called value
engineering. That means as the place is built, we're making changes.
Mr. Dawkins: No, that was not...
Lt. Longueira: Yes, that's...
Mr. Dawkins: ... that was not the order of this Commission.
Lt. Longueira: Yes...
Mr. Dawkins: No, sir.
Lt. Longueira: OK.
Mr. Dawkins: The orders of the Commission was to do value, whatever you're
talking about, and as you go along, keep it within the 5 million dollars.
Lt. Longueira: Right, but you also ordered us to start construction so as
construction proceeds, you make the changes to save money. As construction
proceeds, you have less and less things to change. What I'm telling you is if
you give us the additional money...
Mr. Dawkins: I'm not going to give it to you.
Lt. Longueira: ... what's left in the project is going to go into the project
in the finishes. As we get close to finishing the building, we'll be able to
keep the quality items in there and not have to cut them. Otherwise, we're
going to have to cut them.
Mr. Dawkins: Cut them!
Mr. Plummer: Yes, but you see, let me tell you something.
Mr. Dawkins: I got no problems with cutting them, OK?
Mr. Plummer: Let me tell you...
Mr. Dawkins: And I want to say here on the record now, that if you've got
$400,000 worth of interest earned on the money for the jail, I want you to put
it on the inner city parks to upgrade the parks.
Mr. Plummer: Question...
Mr. Odio: We'll take it.
Mr. Plummer: How many people proposed in a substation?
Mr. Odio: How many people proposed?
Mr. Plummer: Um hum.
Mr. Odio: You mean manpower, police...
Mr. Plummer: Yes, we know, you've told us that it's going to cost...
Mr. Odio: I have not approved...
Mrs. Kennedy: have that figure....
48 July 14, 1988
0
Mr. Plummer: .. approximately 6 million dollars a year to operate the two
substations.
Mr. Odio: I didn't say this. It was said before me, my time.
Mr. Plummer: The chief said it then. Whoever said it...
Mr. Odio: I don't care who said it, I'm not believing that figure.
Mr. Plummer: OK...
Mr. Odio: That's not going to happen that way.
Mr. Plummer: All right, how many people are in each substation, personnel?
Mr. Odio: I don't want - Commissioner, seriously, I don't want to answer that
question because I have not approved any plans on manpower utilization in any
of the substations. I can't...
Mr. Plummer: Roughly, ball park figure.
Mr. Odio (OFF MIKE): Tell him.
Lt. Longueira: OK, in the north substation, we're looking at somewhere
between a hundred and twenty-five and a hundred and fifty because we've got
two sectors, that's the north district. The south...
Mr. Plummer: That's 150 personnel in the north district.
Lt. Longueira: Yes, sir.
Mr. Plummer: OK.
Lt. Longueira: Now, we're still working on those plans because we're
exploring a lot of modifications to how the departments organized right now.
Mr. Dawkins (OFF MIKE): No problem, no problem, no problem...
Lt. Longueira: When you decentralize, there's a lot of changes.
Mr. Plummer: Is it reasonable to assume that the same amount would be in the
south station?
Mr. Odio: No.
Lt. Longueira: No, sir, because south is everything south of the river.
We're looking at possibly over 200 there.
Mr. Plummer: Two hundred?
i Lt. Longueira: Yes, sir, over.
i Mr. Dawkins (OFF MIKE): OK, no problem.
Mr. Plummer: So that's 350 more people, is that correct?
Mr. Odio: Not more, that is not more people.
Lt. Longueira: No, that's not additional.
Mr. Plummer: Mr. Manager, I'm going to be reminding you of this, now you'd
better listen good, go ahead.
Mr. Odio: No, no, I don't want you to hold me to this, Commissioner.
Mr. Plummer: Oh, I'm not going to hold you. I'm talking ball park figures...
Mr. Odio: Yes, but that's why I don't want to talk ball park.
Mr. Plummer: ... and when you talk 350,000 - 350 people...
Mr. Odio: No, no...
49 July 14, 1988
1!
Mrs. Kennedy: Well, that's where your 6 million dollar comes.
Mr. Plummer: Go ahead.
Mr. Dawkins (OFF MIKE): Watch this, watch this.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: OK, let...
Mr. Plummer: Hey, but wait a minute now because I'm trying to get to a bottom
line, OK? You know, I remember when Sergio Pereira got hell for $10,000 worth
of furniture and I'm looking at what you've got here.
Mr. Dawkins: Got hell, where?
Mr. Plummer: They got $324,000 for furniture, isn't it? Oh, no, $150,000.
Mr. Odio: Yes, well...
Mr. Plummer: And other equipment. Go ahead.
Mr. Odio: That's not a marble top desk however.
Mr. Plummer: Why is the south district art in public places $30,000
difference?
Lt. Longueira: It's a percentage of construction cost.
Mr. Plummer: They're both 5 million dollars.
Lt. Longueira: Percentage of construction costs, sir, not the project cost.
Mr. Dawkins: Let me ask a question. How much rent are we paying annually to
house the computers?
Mr. Plummer: Ten dollars a square foot. We got a hell of a buy on that.
Mr. Odio: I'll get you that answer, Commissioner, because I've been thinking
of we have done a study and completed the study of moving the hardware to the
police department main building.
Mr. Dawkins: All right, what's wrong with moving all of the computers that we
are paying rent on at the Coconut Grove whatever it is, to the present police
station where we got space, put it on the fifth floor...
Mr. Plummer: Oh, oh, oh...
Mr. Dawkins: ... and move the fifth - I mean, you're talking about
consolidating.
Mr. Odio: No, we want to do that.
Mr. Dawkins: No, no and move all the extra people who you will displace by
putting the computers up there, to the two stations.
Mr. Odio: No, Commissioner, really we have completed that study, we think
it's a good idea to move the hardware back to the police station for many
reasons, yes. And what we're trying to find out now whether we can put the
personnel of the computers department, where would they go? And that's what
we've been looking at.
Mr. Dawkins: On the fifth floor.
Mr. Odio: They won't fit in there. They would not fit in there.
Mr. Dawkins: Well, put them on the fifth and the fourth floor and move
everybody out the fifth and the fourth floor to our two stations.
Mr. Plummer: Garbage in, garbage out.
50
July 14, 1988
Mr. Odio: Well, I'll look into that.
Mr. Dawkins: I mean, I don't know, I'm just saying.
Mr. Odio: But we are looking...
Mr. Plummer: I want to tell you, if you people were in private business, you
would starve to death.
Mr. Dawkins: The only thing I'm saying, Mr. Manager, is, you tell me we're
looking at it and we're looking at it from the angle of doing it, but I can't
do it because I don't have rates for the people. So you're telling me, I'm
with you a hundred percent but you can forget that.
Mr. Odio: No, no, no. No, I didn't say that, Commissioner. I said, you
know, we have a lease at this building...
Mr. Plummer: Let me tell you something, I think all of you received this this
week and I've personally gone on record and I'm going to do it publicly right
now. We have a proposal to buy the DuPont Building, the entire DuPont
Building, OK? We all got a copy of the letter from the owner.
Mr. Dawkins (OFF MIKE): Put the homeless in it?
Mr. Plummer: Huh?
Mr. Dawkins (OFF MIKE): Put the homeless in it?
Mr. Plummer: Let me tell you something, instead of building a new City Hall,
if we could buy - the price he's asking right now is ridiculous, but I'm sure
it's negotiable - but if this City could buy that DuPont Building, I think it
would be a hell of a coup for this City. And I'm going on record and I hope
the Manager will pursue that.
Mr. Odio: We have people already looking at the building.
Mrs. Kennedy: Let me just address that for a second...
Mr. De Yurre: Was that for the administration building?
Mrs. Kennedy: ... I did receive a copy of that letter but there is another
contract being negotiated right now for the sale of that building.
Mr. Odio: Well, we sent people over to look at the building.
Mr. Plummer (OFF MIKE): Would be a hell of a coup.
Mr. Odio: It's the DuPont Building over on Flagler across the Olympia.
Mr. De Yurre: No, but, you know, we're talking about the administration
building, you know, and we're committed to Park West Overtown, we should build
it right there. You have X number of hundreds of employees that work for the
City that could live right there, walk to work...
Mr. Plummer: Well, the only problem with that...
Mr. De Yurre: ... if we're really committed to Park West Overtown.
Mr. Plummer: Victor, the only problem with that is something I think this
City has been striving to do for years and that is to unite and get it
altogether, OK?
Mayor Suarez (OFF MIKE): Where are you proposing, somewhere in Park West
Overtown?
Mr. De Yurre (OFF MIKE): Yes.
Mr. Plummer: And I have no problem...
Mr. De Yurre: How much square footage, area, do we have in Camillus House and
that we're talking about buying here?
51 July 14, 1988
Mr. Plummer: Three turkey dinners and two egg rolls.
Mr. De Yurre: How much land is there? Not too much, eh?
Mr. Plummer: Thirteen thousand, I think.
Mayor Suarez (OFF MIKE): They'll be looking very carefully at a site, I
guarantee, and with you on that.
Mr. De Yurre (OFF MIKE): That what the site is, I don't...
Mr. Odio% The rent at the Coconut Grove Building is $300,000 a year. We are
going to and I tried to move the computers over to the police department but
there will be a part of the people that will not fit in there so we would have
to find space for them. But the hardware will be over at the police
department.
Mr. Plummer: Mr. Manager, let me ask you another question.
We now have full
time, 24 hour, police on the gate at the police station.
We paid almost
$250,000 to that security company for that system.
Mr. Dawkins: Call the question.
Mr. Plummer: ... and we have not taken those policemen - to
do a 24 hour, 7-
day a week is approximately $250,000 a year.
Mr. Odio: Where are you talking, here?
Mr. Plummer: No, at the gate.
Mayor Suarez: Wait, wait, Mr. Manager. We have a motion to close debate if
that is a motion...
Mr. Dawkins (OFF MIKE): It's a motion.
Mayor Suarez: ...or at least urging you to...
Mr. Plummer: I'll ask my question after this is called.
Mayor Suarez: OK. I mean, we haven't even voted on the
motion to close
debate but I think it makes a lot of sense at this point to
go ahead and make
up our minds what we want to do on this.
Mr. De Yurre: I just have one question...
Mayor Suarez: Yes.
Mr. De Yurre: ... so I can move on this.
Mayor Suarez: Commissioner.
Mr. De Yurre: Are we getting any kind of assurance about these numbers?
Mr. Cather: We have a firm bid for the 2 million...
Mayor Suarez: 2 - 1 - 9 - 3 - 2 - 2.
Mr. Cather: ... one twenty-nine, three twenty-two. Two million, one twenty-
nine, three twenty-two.
Mayor Suarez: Well, then you got different figures on the board.
Mrs. Kennedy: Different figure than what you have.
Mayor Suarez: OK, two million, one two nine instead of two one nine? Three,
two, two.
Mr. De Yurre: OK.
Mr. Odio: Two million, one twenty-nine, three twenty-two,
Mr. De Yurre: And then the others are estimates like it says there...
52 July 14, 1988
Mr. Odio: Yes, sir.
Mr. De Yurre: ... furniture and the equipment is estimate and some of the
other things. And we might get back what the hundred and thirty if we get the
state to give us a hand on that?
Mr. Cather: Yes, if we get reimbursed for that...
Mr. De Yurre: OK.
Mr. Cather: ... unknown quantity, the pollution from the gas station tanks
that were there.
Mr. De Yurre: I would move that we approve these amounts to go ahead and
let's get these two substations built and if there are any overruns to any
degree that would alter those numbers, it would come out of the interest money
if there's any. That would be my motion.
Mrs. Kennedy: And come before this Commission, right?
Mr. De Yurre: Oh, certainly.
Mayor Suarez: To be approved by the Commission.
Mrs. Kennedy: OK, second.
Mayor Suarez: So moved and seconded.
Mr. Dawkins (OFF MIKE): Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I'm going to say now, as I said before, the citizens passed a
bond issue to build two stations for 5 million dollars each and that is what
I'm going to vote for. Now, in the event and which it should be, that the
general fund can find no use for the $800,000 that's earned in interest, that
money should go to the inner City pools and parks to upgrade the parks so we
can at least attempt to spend as much money in our parks as we've spent in
Bayfront Park. I will be voting no.
Mr. Plummer: I, likewise, will be in the negative. If the voters had told us
that we could spend the five million plus the interest that is accrued, I
would of gladly voted for it. I've had reservations from the very beginning
about the success of these substations based on just general ball park
numbers, I don't know how this City is going to afford even to staff those two
once we get them built. You're looking at the neighborhood of 350 people and
I'm saying neighborhood, that equates to an annual cost of $17,000,000 a year
in personnel alone for two substations. That doesn't include any operational
cost of additional cars or additional equipment but each person, you take and
multiply the 350 people, I don't know how this City is any way going to be
able to afford these substations. My vote of negative is simply based on a
promise that we made to the public that we would definitely build it within
the parameters of the 5 million and for whatever reason, that has not been
adhered to so I will be voting negative.
Mrs. Kennedy: But you're talking about a different issue because the $219,000
is not going to make that difference.
Mr. Plummer: No, it won't make that difference...
Mrs. Kennedy: You're addressing the issue of building the substation...
Mr. Plummer: ... but, Rosario, my problem is simple. We, many, many, many
times tried to hammer in that you got 5 million dollars. Don't ever come back
here with one red cent over it. Now, instead of you know and we know, that
the original proposal had gymnasiums built into it, had saunas, steam baths
built into it and if you allow them to run, they're going to run and they're
going to build monuments to themselves and that's what's happening. You can't
convince me, there is no way you can convince me, that that could have come in
under the 5 million...
53 July 14, 1988
Mrs. Kennedy: OK...
Mr. Plummer: ... yes, it maybe would not have been as fancy. Yes, it might
have been a few square feet shorter, yes, you might have been using standard
equipment rather than plush. You know, if you were in the private sector, and
that's what's I guess wrong with government, we're not running it like a
business. But if you're in the private sector and you've got 5 million
dollars to spend, by God, that is the bottom line.
Mrs. Kennedy: I agree but there is a contamination charge of $130,000 that
nobody...
Mr. Plummer: We're not sure of that.
Mrs. Kennedy: ... that nobody knew there was.
Mr. Plummer: You know...
Mrs. Kennedy: And they have stripped it down to the bare bones, they have
eliminated the showers, they have eliminated the hot water...
Mayor Suarez: He's making a statement as a preamble to his vote and we have
closed off debate on this, so why don't we call the roll?
Mrs. Kennedy: OK, go ahead.
Mayor Suarez: Do we have a motion and a second?
Ms. Hirai: Yes, sir.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-638
A RESOLUTION ACCEPTING THE BID OF C.O.B.A.D. CONSTRUCTION
CORP. IN THE PROPOSED AMOUNT OF $2,129,322.00, BASE BID OF
THE PROPOSAL, FOR SOUTH DISTRICT (LITTLE HAVANA) POLICE
SUBSTATION; WITH MONIES THEREFOR ALLOCATED FROM THE 1988
CAPITAL IMPROVEMENT ORDINANCE NO. 10347, PROJECT NO.
312008 IN THE AMOUNT OF $2,129,322.00 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 Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: It is unfortunate that we have lost the credibility with the
voters. I have to vote no try and restore that credibility.
Mrs. Kennedy: We're doing what the voters asked us to do to build the
substation and, therefore, I vote yes.
k� AT THIS POINT CONSIDERATION OF THE CONSENT AGENDA IS TEMPORARILY
DEFERRED.
t�
31
54 July 14, 1988
------------------------------------------------------------------------------
17. DISCUSSION CONCERNING GUARD FOR POLICE SUBSTATION SECURITY.
Mr. Plummer: Now, Mr. Mayor, can I go back to my other point, please?
Mayor Suarez: Yes, Commissioner Plummer, I'm sorry.
Mr. Plummer: Mr. Manager, we were promised that it was a temporary situation
of the $250,000 for a twenty-four hour guard on the gate of the police
station, which I kind of laughed at at the beginning that you need a guard for
the police station. But when is that $250,000 gate system that we paid
$13,000 a year maintenance on, going to be operational to save us the
$250,000?
Lt. Joseph Longueira: Are you talking about the security system, sir?
Mr. Plummer: Yes, sir.
Lt. Longueira: OK, first of all, on the personnel, some of the people are
sworn police officers like in the late hours. Some are PSAs during the day,
OK?
Mr. Plummer: Everytime I've been there it's been a sworn officer, but let's
reduce it from $250,000 to $200,000...
Lt. Longueira: OK.
Mr. Plummer: ... now when is the system that we paid a quarter of a million
dollars for going to be fixed?
Lt. Longueira: OK, first of all, that system cannot be fixed. There's nobody
in the business that can fix it, can replace it, they don't make the parts.
Mr. Plummer: Why were we paying Wackenhut $13,000 a year to maintain it?
Lt. Longueira: Well, that hasn't been done in quite a while. OK, Wackenhut's
out of that business. What's going to be coming to you is a request for
proposals on a new security system for the whole police compound. We'll
address the gates, we'll address accessing the whole building, the SIS area,
the property bureau, the front lobby which is a disaster and that whole
package is going to be coming to the Commission.
Mr. Plummer: Is that a package also now included in the two substations?
Lt. Longueira: What I've been doing on a security for the two substations is
I've been holding off, OK, on those items because I want this system to be
compatible. The contractors have been timing the installation of those
systems so that they're compatible with this one.
Mr. Plummer: But in the 5 million over that you have just proposed, it does
not include any security system?
Lt. Longueira: Oh, yes, it does. When you see equipment, part of that is for
the security systems.
Mr. Plummer: $150,000; that's going to do it?
Lt. Longueira: Yes, sir. We're going to live with it.
Mr. Plummer: I'd like to bet you. Excuse me, give me a date. When is that
going to be done to eliminate the $200,000 a year we're spending for a
policeman guard on the gate?
Lt. Longueira: There's two questions on the RFP before they...
Mr. Plummer: I mean, it's been over a year now.
Lt. Longueira: There's two questions on the RFP before they go out to bid.
One is the issue of somebody that loaned us their expertise about his name
55 July 14, 1988
0 0
being on the actual drawings and the second issue is the police department
would like some minor construction and the system to be bid out together
rather than separately so it's integrated.
Mr. Plummer: The approximate cost.
Lt. Longueira: Those items are coming to the Manager. Of the whole system?
Mr. Plummer: The projected cost.
Lt. Longueira: I think he's got a budget of like $350,000.
AT THIS POINT, CONSIDERATION OF THE CONSENT AGENDA IS TEMPORARILY
DEFERRED.
------------------------------------------------------------------------------
18. OPENED BIDS FOR CONSTRUCTION OF EAST LITTLE HAVANA HIGHWAY IMPROVEMENTS
PHASE II B-4528
------------------------------------------------------------------------------
Mayor Suarez: Madam City Clerk, would you open the bids, item 101.
Ms. Hirai: Yes, Mr. Mayor, the following are bidding on contract documents
for East Little Havana Highway Improvement, Phase II, B4528, agenda item 101.
First bid is from Dade Paving Corporation, total bid $2,138,722; second bid is
from Miri Construction, Inc., total bid is for $2,028,297; third bid is from
Florida Roads Company, total bid is $2,402,014; next bid is from Williams
Paving Company, Inc., total bid $2,070,286; next bid is from PNM Corporation,
total bid is $1,986,263...
Mr. Plummer: One nine eight six?
Ms. Hirai: One million, nine hundred and eighty-six thousand, two sixty-
three. Next bid is from Alfred Lloyd & Sons, Inc., $2,500,275.50; next bid is
from M. Vila & Associates, Inc., total bid is $1,909,330.
Mr. Plummer: Was that nine oh nine?
Ms. Hirai: Nine oh nine, yes, sir. Mr. Mayor, these are all the bids. I
need a motion to refer them.
Mr. Plummer: So move.
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez (OFF MIKE): Moved and seconded. Call the roll.
Mr. Odio: Which one is this?
Mr. Plummer: This is 101.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-639
j A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS
FOR CONSTRUCTION OF EAST LITTLE HAVANA HIGHWAY
IMPROVEMENTS PHASE II B-4528; FURTHER REFERRING SAID
BIDS TO THE ADMINISTRATION FOR PROPER TABULATION OF
SAME.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
56 July 14, 1988
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: Who was the bid after Lloyd, the 1.99?
Ms. Hirai: The bid from M. Vila & Associates, $1,909,330.
Mr. Plummer: How many bids were mailed out? Mr. Cather, how many bids were
mailed out?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Thank you.
Mr. Don Cather (OFF MIKE): A hundred and eighty.
Mr. Plummer: A 180 bids. I'm assuming when you say that, these were persons
who were qualified to bid on this work.
Mr. Cather: No these are people who requested the plans. Some of those
include information services and so forth.
Mr. Plummer: A 180 bids were mailed out and we got back seven?
Mr. Cather: That's not uncommon at all. A lot of people look at them and
decide whether they want to bid or not.
Mr. Plummer: OK. Do the people pay for the bid packages?
Mr. Cather: They had to put a deposit on it. They return them, then they get
their deposit back.
Mr. Plummer: What's the approximate cost of a bid package?
Mr. Cather (OFF MIKE): Twenty dollars.
Mr. Plummer: Thank you.
NOTE FOR THE RECORD: ITEMS 26 AND 27 WERE WITHDRAWN.
------------------------------------------------------------------------------
' 19. CITY MANAGER TO NEGOTIATE WITH BROTHER PAUL IN CONNECTION WITH PURCHASE
OF CAMILLUS HOUSE (See label 2)
------------------------------------------------------------------------------
Mr. Plummer: Did we get ... Commissioner De Yurre on item one had asked for
Mayor Suarez: For the lease, right?
Mr. Plummer: Have you got them?
Mr. De Yurre: Well, let me tell you something. Let you tell me what my
concern is, and I want to get some information, I want to know who ... we have
been at this for what, four years now, Camillus House?
Mr. Plummer: Mas o manos.
Mrs. Kennedy: Yes, four years.
Mr. De Yurre: OK, not quite like Park West, but getting there. OK, who has
reviewed the lease that I have here, from a (and it is not very legible) Miss
Curry, as the lessor, and Shepson Inc., as lessee.
57 July 14, 1988
Mr. Schwartz: This was forwarded to the Law Department a number of months ago
for review. They have not ... we have not gotten a response back. The thing
is that the offer would be contingent upon meeting all the legal requirements
and having clear title, or that the lease would be...
Mr. Plummer: I can't believe you said that! You are telling me...
Mayor Suarez: He means clear title to the lease, right?
Mr. Plummer: Unbelievable!
Mayor Suarez: Not clear title to the land.
Mr. Schwartz: It is recorded. We have ...
Mr. Plummer: They have not even got back from the City Attorney of the
opinion of the leases, and you are offering $2,000,000?
Mr. Odio: Wait, Commissioner. We are making an offer, and if it is accepted,
then you start negotiating, and if the documents are not correct, we don't
close. It is what you do in any house.
Mayor Suarez: It would have been a good idea, you admit, to have a thorough
analysis of the lease terms before we go negotiating for a $2,000,000 purchase
of a lease agreement. We always assume that he could, and I presume that he
told us that you construct, and you could do just about anything you want, but
it is not the most felicitous moment or finding to know that we haven't gone
through the entire ... that's another ...
Mr. Dawkins: (OFF MIKE) In other words, somebody lied!
Mayor Suarez: Well, somebody didn't do what they are supposed to be doing.
Mr. Plummer: They bent the truth a little.
Mr. Schwartz: We have the legal opinion from Mr. Fitzgerald, who...
Mr. Plummer: That's their attorney!
Mr. Schwartz: OK, it is also, the deed is recorded, the lease is recorded in
Broward County. We have the copy.
Mr. Plummer: Broward County?
Mr. De Yurre: Well, I want to know about that one too.
Mr. Plummer: Wait a minute, did you say Broward County?
Mr. Schwartz: It says here, Broward. They must have made a mistake. It has
to be Dade County. It is Dade County. You know what they did? The appraiser
was from Broward County. It's Dade County. It has to be recorded there. We
are asking for a copy of that being faxed over right now from Mr. Fitzgerald's
office.
Mr. De Yurre: Yes, this is kind of embarrassing. You know, can we agree on
that?
Mr. Schwartz: I think the issue ... yes, we accept responsibility, but I
think the issue is trying to come to ...
Mr. De Yurre: Well, what are you going to do about it? Who is in charge of
that department?
Mr. Schwartz: I was responsible for dealing with this item.
Mr. De Yurre: The thing is that it seems like every month, you know, I got
people fainting up there, you know, they don't know the answers to things, and
people shaking, and I look at myself, and I say, you know, what the hell is
going on here? I just want simple answers to questions that I bring up, and
when I see, you know, I got here at 9:00 o'clock in the morning, and I am
looking forward to a fine day here representing the City, and then all of a
58 July 14, 1988
sudden, you know, I start looking at these things when I hear that for four
years we have been dealing with this issue, and yet, the lease has not been
read by anyone and there is no opinion on the lease, you know, how many
hours...
Mr. Plummer: But we are only offering them double what it is worth!
Mr. De Yurre: Well, the thing is that, you say, well, we offered them, and
then we study the lease. How many hours do you think the City has spent and
hundreds of thousands of dollars, I bet you, in man hours, with this Camillus
House situation? - a hell of a lot of money! And if maybe this lease would
have been read from day one, then you might find something in that lease that
prohibits us from doing what we want to do there, and that would have been a
dead issue, and maybe not!
Mr. Odio: No, sir, because then we should have gone after a condemnation
procedures, which would cost more. We have that right of condemnation, so ...
Mr. De Yurre: OK, but then you know, we would have condemned it already, and
it would have been gone by now.
Mr. Bailey: Commissioner, to get back to your first question, I am in charge
of the department, and to answer your other question, as to the amount of time
spent negotiating with Camillus House, this is not the first time this issue
has been before this Commission. We have had any number of people - this
Commission, my staff, and the Manager and the public, some of whom want to
speak today, about the basic problem, as to whether or not, we can continue to
leave the facility there and do what you have asked us to do, on a much larger
scale. The details, the legal details that is involved in this whole
transaction, would be handled just like we do any other property that we could
buy. I am going to tell you something. I have always said, I don't want to
negotiate with Camillus House. As a technician, I would condemn the property,
and the only reason we haven't done that, is because this Commission has not
given us permission to do it. It doesn't matter what you do, whether you
condemn it, or whether you negotiate to buy it, the results will be the same,
but there is one big major economic difference. If we condemn it, it is going
to cost you. Now, we are trying to do this ...
Mr. De Yurre: It is going to cost us either way.
Mr. Bailey: Not as much.
Mrs. Kennedy: How much would it cost to condemn it?
Mr. Bailey: Well, by the time you figure in attorney fees, whether we lose or
win, you are going to have to pay it, and as the experience prevails as to
what we have already had in the previous condemnations, the jury is going to
sit there, and watch all of those nice people walk in with collars around
their necks and all of those poor people walk in, that are deprived, and you
are not going to get away with a cheap price. Now, the legal problem ...
Mayor Suarez: And there is another problem.
Mr. Plummer: Yes, but would it cost $1,000,000 more to go through
condemnation?
Mayor Suarez: That's the other problem.
Mr. Bailey: I assure you, it will.
Mayor Suarez: Commissioner Plummer is the other problem.
Mr. Bailey: I mean, you are the one ...
Mayor Suarez: No, I was going to state another problem before you ...
Mr. Bailey: We know what happened the last time.
Mayor Suarez: Wait a minute, Herb. There is another problem, and that is,
time. We have spent so long trying to make up our minds what we do here, that
the price is going up. I am sure just last night's events have already added
to the value of land in that area. If we actually begin work on Overtown/Park
59 July 14, 1988
West, if we break ground in August, let's say we do ... did Indian River break
ground, by the way?
Mr. Bailey: They have made a ceremonial groundbreaking.
Mayor Suarez: No, 1 mean real groundbreaking.
Mr. Bailey: Yes, they have. They put the bulldozer out there, the trailer is
on the front.
Mayor Suarez: OK, when people begin to see actual buildings going up,
financed, and guaranteed by HUD and otherwise ... let me not imply by this,
Madam Skubish, that I want to have a ceremonial groundbreaking, because I see
you over there, nodding your head like you ... no, no - no ceremonial
groundbreakings, not for me, and I've got another request to have another
ceremonial groundbreaking for Overtown/Park West and I suppose the Commission
could overrule me but, until we are ready to do a real groundbreaking, I don't
even want to hear about it. There is something on my calendar for the 21st,
I'm not attending whatever it is, so ...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, that dedication ... all right, please. I won't mention
Skubish at all, for the rest of this Commission meeting.
Ms. Pat Skubish: (OFF MIKE) Thank you.
Mayor Suarez: There you go. Now, the value is going to go up, as soon as we
begin Overtown/Park West. I believe we are going to begin, I believe four
major developers are going to put 1,150 units, financed to the tune over
$150,000,000 etc., and then really, we are going to be in trouble, so we
really should make up our minds today, and if ... what we are going to do with
this property, as you were indicating, Herb. The Commission should make up
its mind, if we are going to condemn, if we are not going to condemn, if we
are going to purchase it, and whichever way we are going to move, we should
make up our minds and on that particular issue, since we have been already
embarrassed by the fact that the lease has not been reviewed properly, you
know, is where we are. And I hope that we take testimony from those of you who
are interested in this, you will direct yourself to that. In other words,
what you want the Commission to do, and of the two avenues, assuming that you
want us to acquire this property, which of the two you would like us to
pursue, and frankly, I can tell you this, that if we were going to do it by
friendly taking, the proposal that I put on the table is the best that can be
done. If the Commission wants to go some other route, that is fine too, just
like if the Commission wants to step away from the whole thing, and just not
condemn it at all, but we ought to make up our minds today.
Mr. De Yurre: OK, let me continue with my question here. I'm looking at tax
roll computer print outs, and this is, I figure, this is pretty recent. In
fact, I think it should be around 187, right? I am looking at the leased
property, and it says, assessed value, total $275,000. Is this what we are
paying? How much are we paying for this?
Mr. Schwartz: The $2,000,000 is a negotiated value for the package. It is
not broken down ...
Mr. De Yurre: Well, but, the lease is $300,000,
Mr. Schwartz: OK.
Mr. De Yurre: Based on page one, sales price of the lease, back in 187, so it
Mr. Schwartz: Our appraisal on this property is approximately $300,000 for
the property that is assessed at $275,000, based on...
Mr. De Yurre: For the property itself, how much are we paying?
Mayor Suarez: How much are we paying?
Mr. Schwartz: It is paid, it is a lump sum, negotiated ... it is not broken
down.
60 July 14, 1988
Mr. De Yurre: Well, you got to break it down.
Mr. Schwartz: On a negotiated settlement, it's... we did not, the proposal
would not be to differentiate the property, parcels. If the City went through
its regular procedures, and the value based on the appraisal ...
Mr. De Yurre: Let's go to the other land, so then we can come up with the
figure. The assessed value for the other land is $535,000. That is the one
that is owned by Shepherd Inc., or in care of Shepherd Inc. - $535,000.
That's one. The other one is $275,000 so we are talking about $810,000,
approximately. The lease is worth $300,000, that is $1,100,000. Right?
Mr. Schwartz: The fee simple on the land is worth $75,000. The owner of the
property, which is the Curry Estate, according to our evaluation, we would
have to pay $75,000 additional.
Mr. De Yurre: So, it is even way less than the $275,000 that it is assessed
at, then.
Mr. Schwartz: Well, that would ...
Mr. De Yurre: Right?
Mr. Schwartz: Yes, that is just land value. It doesn't go on the leasehold
interest.
Mr. De Yurre: So then we are talking about, if the land is worth $75,000, the
lease is worth $300,000, that is $375,000, and the other land is worth
$535,000, you know, we are just about $900,000, and yet you are asking us to
pay $2,000,000 for this.
Mr. Plummer: And we don't acquire the land, only the one piece.
Mr. De Yurre: Well, we get it with the other $75,000.
Mr. Plummer: No, we don't get the land. The woman who owns the land doesn't
want to sell it.
Mr. Schwartz: The assessed value ...
Mr. Plummer: Is that correct?
Mr. Schwartz: That is not correct.
Mr. Plummer: The woman ... the land, I was told ...
Mr. Schwartz: We received a letter from her, asking us to send her any
information about this. We have checked in the past ...
Mr. Plummer: Will she accept $75,0007
Mr. Schwartz: We do not know. We have not made an offer. Everything was
contingent upon the City Commission approval today. It is a relatively simple
thing to condemn versus condemning Camillus House and the homeless facility,
once we own the leasehold interest, because we have a public purpose for reuse
of this property. There is a major difference between what the assessed...
Mr. Plummer: What is the public purpose?
Mr. Schwartz: Public purpose is to redevelop this, consistent with the
Overtown/Park West project - hopefully as a parking garage and office or
residential development on top of the garage. But this site has been looked
at as a site that would be most appropriate for a parking facility to serve
the arena.
Mr. De Yurre: OK, go ahead, you were talking about the assessed...
Mr. Schwartz: I was going to say that there is a major difference and we have
acquired over 50 or 60 parcels in Park West and Overtown in the last few
years, and there is a major difference in this area, generally between the
assessed value and what the market value is, based on appraisals. The
61 July 14, 1988
0 0
appraisals that we have obtained, based on the bonuses that the City has paid
in the past, and fixture appraisal, which would be about $100,000 for this, we
are talking about, realistically, based on procedures we have used in the
past, that we would offer about $1,500,000 as a fair price for this property,
including the purchasing, we would have to buy for $75,000 fee. We are paying
about $500,000 more than the property is worth, based on our evaluation as a
negotiated settlement, because in staff's viewpoint, that...
Mr. De Yurre: OK, so as it is, we are paying an extra $500,000 because of
this situation that we are involved in, but yet, you are still asking for
another $500,000. Aren't we talking about $2,000,000?
Mr. Schwartz: Yes, but we are up to $1,500,000, based on our evaluation of
what the City would have to pay for this, on its normal City procedures based
on the appraisals and how we have purchased property in the past, and
Overtown/Park West. We are paying about an additional $500,000, plus another
$75,000 in fee simple, so it is $575,000. We feel that to resolve this
matter, to expedite this, to protect the housing that will be under
construction this summer, it is essential, it seems to be the most logical,
least expensive way to proceed.
Mr. Bailey: Commissioner, I just like to point out another thing. What we
have essentially done here, is actually have gone through the process of a
long take. In a long take, we go through these types of negotiations, offer
an acceptance, or offer a refusal. And I think we are at a point now where we
have to make some type of decision. I think what has happened, in this long
take process, we have at least an acceptance of an offer. The value of that,
which will be determined by you as to whether or not we will proceed to
negotiate and carry out all the legal parameters to make it valid, is a
decision you have to make today.
Mr. De Yurre: I understand what you are saying, but Herb, you know what?
There is an offer for a deal, but I don't know what we are getting. You know
what, I don't know what we are getting, because if we negotiate to buy out the
lease, and the owner does not sell it to us, we are bound by whatever that
lease says. That's it, we are stuck! And if it says you can't demolish, you
can't do this, and you can't do that, you know what happens then? Then we
have to go after the owner. We already paid $2,000,000 over here, now we have
to go after the owner with condemnation, all that kind of thing, and it is
going to cost us "X" hundreds of thousand dollars more. You know, that is
what we are looking at.
Mr. Bailey: Well, what you suggest then, is we just proceed with
condemnation?
Mr. Dawkins: No!
Mr. Fernandez: No.
Mrs. Kennedy: Herb, one second. Neither solution is ideal, you know, but
considering condemnation, considering the price that we are going to pay,
considering the image that we are going to have, considering the time that we
are going to spend, I don't see how they can be other than one solution, which
is ...
Mr. De Yurre: I want to know what we are buying, and legally, not physically,
legally, and we still don't have any kind of an opinion, for this thing, to
begin with, is not even legible.
Mr. Odio: Can I suggest this, that the first question I need to know is, do
you agree that we should pay $2,000,000, provided that we know ...
Mr. Dawkins: I am going to answer that for me right now.
Mr. Odio: OK, Commissioner.
Mr. Dawkins: I make a motion that we cooperate with Brother Paul and that we
help him to continue to serve the homeless, which gladly need it, and that we
pay him the appraised price of this property and he can do one of two things,
sell it to us, or stay there where he is and serve the homeless. That's my
motion.
62 July 14, 1988
4W
Mayor Suarez: Which appraised value are you talking about?
Mr. Dawkins: $1,200,000.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion?
Mr. Plummer: Wait a minute. Will you accept in your motion, that when he
accepts that money, that he will relocate out of the area?
Mayor Suarez: He is not going to accept the money. What difference does it
make...
Mr. Dawkins: If he accepts the money, yes, he must relocate out of the area.
Mr. Odio: Well, let me save some time here ...
Mr. Dawkins: Out of the total area.
Mr. Odio: Commissioner, he owns the other property.
Mr. Dawkins: I don't ... listen now, you asked me, I don't want to know
nothing about what ... Brother Paul is not here to tell me nothing. You see,
that is why I am in the problem I am in now. My staff went and found some
place for Brother Paul to move. You guys went and researched the damn
regulation and told him how he could build a hotel where he is. Staff did
this, and staff got us in this position, trying to compromise with everybody.
You just can't keep everybody happy. Now, my name will be in the paper in the
morning that I am anti -homeless. I am not anti -homeless. I am pro -taxpayers,
that's what I am!
Mayor Suarez: We have a motion and a second, any discussion?
Mr. De Yurre: Well, I would like, you know, to do it equitably, and as we do
in real estate, as attorneys, usually when you have two appraisals, you agree
on a third party and you have a third appraisal that will be binding on both,
and I think that that would be fair to everybody. You know, Brother did his
appraisal, it came in at $2,000,000, we did ours and it came in at $1,200,000,
so you figure it has got to be somewhere in there, and I think it would be
fair for all parties that say, let's agree that the City Attorney and Brother
Paul agree on a third party appraiser to do that, and we bind ourselves to
that amount.
Mr. Bailey: That was offered at a previous negotiating session, and that has
been flatly rejected by Camillus House.
Mr. De Yurre: Well then, we start condemnation proceedings and the hell lwith
it.
Mr. Plummer: I'll bet! They know that the City has got deep pockets.
Mr. Bailey: I guess what you are saying Commissioner, and what we are trying
to apprise you of is that most of these things, we have gone through, and we
just haven't sat idle for the past couple of years and not having explored all
the possibilities.
Mayor Suarez: Well, he just wanted to verify that that one had been tried,
Herb, and you clarified that.
Mr. Bailey: We've done everything possible to get Brother Paul to agree to a
process of relocating, and this is the only one that I have any knowledge of
that he has agreed to accept.
Mr. Plummer: But where is he relocating to? He is not relocating out of the
area. That's one of my contentions.
Mr. Bailey: Well, unfortunately
63 July 14, 1988
Mayor Suarez: Wait, wait, Herb, it is not our concern under this proposal.
Under this proposal, we get possession of this property and he can go wherever
he wants, whenever he can do it.
Mr. Plummer: But he is going right ... oh no, but wait a minute, let's
remember one thing. He is not going to build a new, quote, hotel, unless he
gets this money. If he doesn't get this money...
Mayor Suarez: Oh, he is going to stay where he is, forever!
Mr. Plummer: If he doesn't get this money, he can't build that hotel.
Mayor Suarez: He is going to stay where he is, or until we condemn him.
Mr. Dawkins: He stays there.
Mayor Suarez: Right.
Mrs. Kennedy: But he will not have a feeding station at the new place.
Mr. Plummer: That's what ... no, no. He will be limited to what he says, to
only the people who are clients of the hotel.
Mayor Suarez: Right, and what the zoning code provides.
Mr. Plummer: There are only 80 beds of proposed ... 100 beds. There are 200
people sitting outside of Camillus House every night, so let's don't kid
ourselves.
Mr. Bailey: That is for the feeding, Commissioner.
Mr. Plummer: They are there!
Mr. Bailey: Yes, well, we are at a kind of dilemma here. I'd just like to
know, based on all the other things that we have been ordered to do, Camillus
House, some type of a decision has to be made. Now, do you want ...
Mr. Dawkins: I just made a decision. What are you all talking about? I've
got a vote to pay him $1,200,000. It was amended by a lawyer who knows that
this is going to come to court and he is saying that when we get to court ...
I think now, if I am wrong, you correct me ... he is saying, that when we get
to court, we are look bad if we did not negotiate, so he is saying take either
the two appraisals and divide them, and come up with the half, or have a third
appraisal come in which will be binding on everybody, and that's my motion.
Mr. Bailey: We will go back to Brother Paul and make that suggestion, that if
they will accept it, we tried that.
Mr. Dawkins: Wait, we don't have a vote on it yet, now wait. I don't know if
J. L. will accept it.
Mr. Plummer: I seconded the motion.
Mr. De Yurre: OK, and I'd like to add to that, to instruct... see if you
accept it, to instruct the City Attorney to come back with ... to inform us on
the procedure for condemnation so we understand how it works, what it entails,
approximately what it could cost us, so that we can look at that alternative.
Mr. Bailey: I can tell you that right now if you like, but that is something
else I would like to remind the Commission of - you already have on the books
a resolution that causes us to be obligated to pay for a certain relocation,
for properties that we buy in their redevelopment area and they have 18 months
from the date of notice in order to move. That is existing legislation.
Mr. Dawkins: OK, what was the date of notice that you put the Camillus House
on notice to move?
Mr. Plummer: They haven't.
Mr. Dawkins: No, wait a minute, no wait! Now, J. L.
64 July 14, 1988
Mr. Bailey: Well, we have written letters and making offers, but I think it
goes back ...
Mr. Dawkins: Now hold it, now wait, Mr. Bailey, wait, wait. Did we not make
an offer, or he not accepted the offers we made?
Mr. Bailey: We made an offer, he did not accept it.
Mr. Dawkins: OK, he didn't accept them.
Mr. Bailey: That's correct.
Mr. Dawkins: OK, so we did make an offer, Mr. Bailey.
Mr. Bailey: You made one right here at this Commission meeting. He did not
accept.
Mr. Dawkins: OK, and he didn't accept them.
Mr. Bailey: He did not accept.
Mr. Dawkins: And each one that we made, he refused to accept. Now, let me
ask you a question, from my personal ... each one that we made, each time that
he came back, did the price go up or down?
Mr. Bailey: It went up.
Mr. Dawkins: Thank you.
Mrs. Kennedy: OK, my sense of smell tells me that this motion is going three
to two, and that ...
Mr. Dawkins: Yeaaaah!
Mrs. Kennedy: ... Brother Paul will not accept it. Then what happens?
Mr. Dawkins: He stays there until he dies.
Mr. Bailey: We will be back to the drawing board. I have already made my
recommendation, I will do whatever this Commission says you would like for us
to do.
Mayor Suarez: No, no, she means assuming that we still wish to proceed to ...
Mr. Bailey: Then you have to ... Brother Paul will stay there and you will
have to come back to the drawing board again.
Mr. Dawkins: That's right!
Mr. De Yurre: Condemnation, OK, so for the next meeting, you know, for next
month's general meeting, come back with a full explanation or whenever ...
Mr. Dawkins: I call the question.
Mr. Schwartz: Can I just add something? We had met with the Dade County
Attorney's office about six months ago. We wanted to proceed with
condemnation... to get an idea. They strongly, at that time, advised that
there would be major difficulties in condemning this property and the cost
would be significant to the City.
Mr. Dawkins: Last statement, I am not interested in dispossessing Brother
Paul. I am not interested in stopping Brother Paul's feeding operation who
feeds the homeless. I am not interested in whether Brother Paul accepts or
rejects our offer. My concern is, laying off people, trying to pass on a cost
to the citizens of a fee which is a tax for garbage, and which is saying that
we got to raise bond issues. I for one, cannot sit here and take the
taxpayers' money and pay $1,000,000 profit for a piece of property that is not
worth it. That's my concern. I am not interested in whether Brother Paul
goes, stays, or come again. I am concerned about taking the taxpayers' money
and paying Brother Paul a profit, which in my opinion, is not right.
65 July 14, 1988
Mr. Plummer: I would ask the maker of the motion to accept, because I think
Commissioner De Yurre has made an extremely good point, that you not come back
to this Commission until you have dealt with the real owner of the property
and have an acceptance of cost from that owner. Now, you know, to me, the
most crazy part about this whole thing, is that you are paying $2,000,000 and
the main parcel you will not be acquiring into City ownership. I mean, you
are buying a piece of paper. You are not buying property, and I think this
Commission has got to know what that owner of that property will accept, so
that we can know what the total package is. Now, I don't know, when did this
lease start, Victor? Does that ...
Mr. De Yurre: Well, it is a 99 year lease.
Mr. Plummer: OK, so then there is ...
Mr. Schwartz: It is to 2044.
Mr. Odio: He's got 54 years left.
Mr. Plummer: OK, if he is paying $5,000 ...
Mayor Suarez: 1945, by my calculations.
Mr. Plummer: Well, I don't think Camillus House has been there that long, but
anyhow ...
Mayor Suarez: That's nothing to do with Camillus House. That is when the
lease, whatever lease rights he obtained were ...
Mr. Plummer: OK, the point I am trying to make, Mr. Mayor, if they are paying
$5,000 a year, under normal circumstances, that property should have been on a
normal real estate investment of 10 percent - $50,000 value.
Mayor Suarez: And it wasn't. That is why the owner of the fee simple has
almost no value, because he gave away this incredibly valuable lease for
almost no money.
Mr. Plummer: OK, here again ...
Mr. Dawkins: Would say as a lawyer, would you say he gave it away, or he used
it as a tax shelter?
Mayor Suarez: I have no idea.
Mr. Plummer: I would love to be sitting in that lady's chair right now,
hearing this conversation, because of these deep pockets that are being talked
about now with the City, I will guarantee you she just multiplied by ten.
Mr. Schwartz: We had purchased other property in Park West and in Overtown
that had the same problem, and we bought out the fee simple from the owner,
and it is worth as a minimal value, because it is based on the rental payments
of $5,000. It is easy to condemn those interests in court and we had two, I
had ...
Mr. Plummer: How many of those parcels did you offer $2,000,000 for the
paper?
Mayor Suarez: It is not the paper, it is the principal it is the principal
property interest there is a long term lease.
Mr. Bailey: That is not the point. If he would take ... and let's say
Brother Paul, and we understand he is only paying $5,000. That is what he
bought, and that is price to him. The commercial value of that lease for the
next 54 years will probably far exceed what we are paying for it. If Brother
Paul decides on his own, that I will leave now, but then I will sell my lease,
and he knows that the future value of that lease, 54 years from the day is far
in excess of what we are paying for it.
Mr. Plummer: Let's understand one other thing. This money is not paid to
Brother Paul. This money is paid to the Brothers of The Good Shepherd.
Mr. Bailey: Well, the brothers are paid, but he is the spokesman.
66 July 14, 1988
Mr. Plummer: Wait a minute, let's get that on the record. This is to not
being paid to an individual.
Mr. Bailey: No, it is to The Brothers of The Good Shepherd. At the value ...
Mayor Suarez: Do you realize ... Herb, so we can try to get this done before
the and of the morning, do you realize the juncture we are at, is try to
address the existing motion, because we haven't given you a chance to say
anything. Give us your name and address, please.
Mr. Daniel Cromer: My name is Daniel Cromer. I operate the Cromer Company,
it is located at 55 NE 7th Street, and I just would like to point out one
thing that maybe your staff could perhaps get some information for you all
that you seen to be missing. I'd like to know how much additional income will
come to the City of Miami as a result of increased taxation from the
relocation of Camillus House, which I support, as well as what additional
income will the City save as a result of the 1,000 or 2,000 housing units
being built in the Park West/Overtown redevelopment area, that will be able to
be rented, that if this property is not bought out by the City of Miami and
relocated, will not be able to be rented at all, and very possibly, the entire
project will fail as a result of this. I thank you.
Mr. Dawkins: Hold it, you name and address, please, sir.
Mr. Cromer: Daniel Cromer, I operate the Cromer Company located at 55 NE 7th
Street in the City of Miami. We have been operating...
Mr. Dawkins: Your address.
Mr. Cromer: What sir?
Mr. Dawkins: Your address.
Mr. Cromer: My address? That's my address, sir.
Mr. Dawkins: No, your ... OK, where do you and your family reside?
Mr. Cromer: My family resides at 6352 SW 104 Street.
Mr. Dawkins: Thank you.
Mr. Cromer: I happen to operate a business that has been located in the City
of Miami since 1913.
Mayor Suarez: You said that, Mr. Cromer.
Mr. Cromer: No, I didn't - 1913, I didn't mention.
Mr. Plummer: He needed the commercial in there.
Mayor Suarez: I mean you told us that you have a business there.
Mr. Cromer: Right. Thank you.
Mayor Suarez: He wants to know where you live. That makes sense, you know.
Mr. Plummer: And let me say for the record, which he didn't say. He is the
one who is mostly affected because he is contiguous to that property. But you
see, I am coming back to the point I made again. It is moving it out of next
door of your property, but it is not moving it out of the project area. It is
merely transferring it from the east side of the arena, to the west side of
the arena. I understand you have a vested interest, there is nothing wrong
with that, as long as they get out from along side of you, I understand that
you would want them out, but all we are doing is saddling the people in Lummus
Park, and they are residents, they live there.
Mr. Cromer: Excuse me, Mr. Plummer.
Mr. Plummer: Yes, sir.
67 July 14, 1988
Mr. Cromer: In deference to you, I have been involved with the Camillus House
since its inception, as being its neighbor.
Mr. Plummer: Right.
Mr. Cromer: The biggest problem that exists is the amount of feeding that
goes on at Camillus House. It happens that there new location will not have
the same type of feeding that has gotten out of hand for our community and
that change will be a major difference to this community and rather than get
into this philosophical issues about it all, that is the bottom line.
Mr. Plummer: Mr. Cromer:
Mr. Cromer: Yes, sir.
Mr. Plummer: I'll accept you as an expert witness. Did you make a mention
that there is 1,000 to 2,000 people that eat there a day? Is that a fair
number? I've seen numbers 15 ... call it a 1,000 people a day, would that be
a safe factor?
Mr. Cromer: I really don't know how many specific people, but...
Mr. Plummer: Well, I think that most people realize that they do feed
approximately 1,000 people a day.
Mrs. Kennedy: 991.
Mr. Plummer: 991, please excuse me, the 9 people didn't show up, they were
late for lunch. Now, the question is, let's assume that everybody is
traveling on an honest road. In his new facility, he is going to address 100
people. Where are the other 881 going to go?
Mr. Cromer: According to Brother Paul ...
Mr. Plummer: Yes.
Mr. Cromer: ... they are going to go to satellite feeding areas throughout
the community, which would be a terrific change, when that occurs. They are
not going to leave Miami, but they will be fed other than in one location
where they feed 900 people in one spot that happens to be next to the new
arena, next to the Park West redevelopment area and as you said, next to my
company.
Mr. Dawkins: Could I ask you one simple question? You don't have to answer
it, if you don't want to, sir. Being there, and being accustomed to the
situation every day, would it not have been say, a good gesture, knowing that
you had to move, to have attempted to set up these satellite feeding places at
other sites? - where you knew that individuals would have moved out and
reduced the concentration, rather than waiting until you are ready to move the
whole operation, which is going to create a problem in my opinion, where
everybody don't leave. How would you have done it as a business ...
Mr. Cromer: Sir, I don't run the Camillus House, and I don't think it is up
to me to answer that question, and I really don't think that that is a fair
question for you to ask me.
Mr. Dawkins: Thank you, I said you didn't have to, it ain't no problem. I
told you, you didn't have to, that is no problem. I said you did not have to
answer it if you didn't want to, so thank you, thank you, that's all.
Mr. Cromer: I won't. You are welcome.
Mr. De Yurre: OK, you know the problem now is that, we that have to look out
for the homeless, and I think that we do have a duty for our homeless. You
know I have a serious problem with this 891 individuals not having any food.
Now, I'd like to know what is going to happen to these individuals, and that
is something that maybe we haven't addressed here before. You know, if we
have a duty and a responsibility to our homeless, certainly, if we go ahead
with this kind of deal, then we are displacing 891, maybe not even realizing
that we were doing that.
68 July 14, 1988
f
Mr. Plummer: One area we haven't even addressed is, what about what we are
saddling the residents of Lummus Park with?
Mayor Suarez: Anything else from the Commission? Anything else from the
general public? We have a motion and a second. Yes, I am sorry.
Mr. George Rovirosa: To be very brief, my name is George Rovirosa, Farovi
Shipping Corporation, Florida Stevedorin, Florida Container Transport. Our
headquarters are located at NE 9th Street, very close to the locality of
Camillus House. Over the years we have had in our plans to build an office
building, about a six story office building, where our facilities are, and our
biggest problem is, we can't get tenants in that area, because of the
situation the way it is. I have discussed this with the Mayor on previous
occasions and some of his staff, and I would just like to get this problem
solved. You are the Commissioners, Mayor, you have the power to do this, and
we have the arena going now, the area is looking up, and unfortunately, with
Camillus House at the location that it is at, we are just not going to get any
growth in there, and without growth, we are not looking at tax dollars, so
this is all I have to say.
Mr. Steele Reeder: I'll also be very brief. My name is Steele Reeder. We
operate a company called Howard Reeder, we are involved in freight forwarding,
and custom house brokerage work. We have been in that general area since
1940. My father started the company back in 1938, actually. I don't think
concerning the 800 and some people that are likely not to get fed, that you
can assume that Brother Paul is going to abandon those people. He's made it
abundantly clear that he is not about to abandon those people. If we look to
having you all recommend that that property be condemned, I think the public
outcry and uprising that would come out of that would make that extremely
difficult to condemn that property and get out for any less money than maybe
we are talking about now. I quite agree that he is getting a handsome sum for
it. Some of that money, we may can write off our conscience to saying we have
helped support those 800 people and assuring that they are going to be fed in
some satellite area. He has made it very clear, and I think we need to know
that that is a fact that this new structure that he is putting up isn't going
to recreate the same thing over there in the Lummus Park area. I agree with
you. He hasn't moved that far away from us. But with what we are trying to
do in the area, the five years since we bought this particular location,
although we have been within a quarter of a mile radius since 1940. It has
become better and worse at the same time, as we tear down some of the crack
houses and some of the hotels that are up there, we get a greater
concentration and a greater visibility of those people. We are running all
the tourists over to Dodge Island and back from Bayside, and they are all
going through that area and they get a picture of Miami as being more like
what the publicity up in the northeast has made them believe. I think that
Brother Paul has become a rather astute real estate person. I doubt that he
would have gotten into a lease that he didn't have pretty good flexibility on,
so I am not overly concerned, if we buy that lease, that we have bought a pig
in a poke. I think that if we continue to postpone it, as that value
increases, his number is going to go up. I wish I had him as a real estate
agent, although I really don't want to move out of the area. We too would
like to expand. I certainly encourage the Commission. It has been four years
that we have been actively trying to find the solution to this and so far in
four years, all we have done is doubled the value of the property. Thank you.
Mr. Plummer: I wish Brother Paul was working for the City as a negotiator.
Mr. De Yurre: Question, Herb. I have here information, and I guess it should
be wrong, and it is not Broward County, it should be Dade County, but you
know, my understanding is and we have been dealing with this property now for
four years. How come the Brothers of The Good Shepherd received this lease in
January of '87?
Mr. Bailey: Let me explain that, Commissioner. The lease that you are
looking at, at the time that we started the process in the redevelopment area,
that property was occupied by the Studio of Lighting. It was another owner
who was also involved in the Park West Civic Association and who was quite
anxious to make a similar deal with the City mainly because he was in default.
At the time, and as we said before, because of the quick settlement on the
previous condemnation, we just ran out of money, so Mr. Singer, who had that
lease prior to Brother Paul, defaulted and Brother Paul, which ...
property next to it, went in and bought the lease and expanded, so we have
69 July 14, 1988
been dealing with Brother Paul on Camillus House, the original piece, and then
he came in and bought this piece, so we just added this on.
Mr. De Yurre: Were we ever dealing with Alfred Singer, the ...
Mr. Bailey: Yes, we were, when we first came here, that was the person we
initially started negotiating with on the Studio of Lighting.
Mr. De Yurre: And how did we let this lease slip away from us, and not buying
it from him?
Mr. Bailey: We ran out of money, sir.
Mr. De Yurre: Ran out of money? And now we got plenty of money, we got
$2,000,0001
Mr. Bailey: Well, a lot of things have happened since then, believe it or
not. We will probably be able to float a $10,000,000 bond issue next year.
We couldn't have done that before. The assessment value went down $1,000,000
when he first started, now we are collecting $1,100,000 in excess revenues.
We also now have the arena finished, as we get $300,000 yearly for rent, and a
lot of other things have happened. Evaluation, as you have read in the Miami
Herald two weeks ago, have gone up in Dade County seven percent. Every time
property valuations go up, we get money. Then we have more funds to do more
things. Three years ago, we wouldn't be here, you couldn't buy it.
Mayor Suarez: Anything further from the Commission?
Mr. Plummer: Could you restate the motion on the floor?
Mayor Suarez: The motion is ... it wasn't your motion, I guess, but it was
that we make the offer of $1,200,000. It was Commissioner Dawkins' motion of
$1,200,000.
Mr. De Yurre: And then I suggested that we find a third party appraiser, and
that both parties agree to give a binding appraisal of the property.
Mr. Dawkins: A binding ...
Mayor Suarez: All right, I presume you are saying that if the $1,200,000
doesn't work
Mr. De Yurre: Well, I doubt very seriously that it will. You know, that is
number one.
Mr. Plummer: But I also asked, and I thought was going to be incorporated,
was that we find out a def inite price from the owner of the property, what
they would want.
Mayor Suarez: Oh, you mean from the fee simple owner?
Mr. Plummer: Yes.
Mr. De Yurre: We need to buy the land before we can buy this lease. You
know, you got to do one thing first.
Mayor Suarez: Right, or simultaneously, if you want to do it. If you want to
acquire fee simple title, you can also do it at the same time, as you well
know.
Mr. De Yurre: Now, concern that I have, and I'd like to have some answers is,
where are the 891 individuals going to be eating? And if we are talking about
satellite locations, I want to know where those locations are going to be,
because I don't want to have Little Havana here, I don't want to have Liberty
City here, and Flagami, and Allapattah and everybody coming here because they
are going to get in their corner, in their block, they are going to get one of
these feeding places.
Mr. Plummer: Staff will find a way to do it.
Mr. Bailey: Let me explain to you as best as I understand it from Brother
Paul. He gave a very thorough explanation to us. Brother Paul, intends to,
70 July 14, 1988
as it relates to the feeding, have another place where he would do essentially
the cooking of the food. He will negotiate with various churches within the
Miami community to accept and feed approximately 75 people, if he would
deliver the food to them. What he has done then is now scattered out, as
opposed to a major concentration of people coming to one facility and having
what you have today. You will now have another social agency involved, namely
the church, and other churches that will take on part of this feeding
responsibility, and I am pretty sure that the churches that get involved, will
probably be doing it with the blessing of the communities in which they are
located. I think it is a very workable idea. It solves a variety of issues
and I don't think any place is going to accept, or any church is going to
accept that responsibility if the community is not supporting it.
Mr. De Yurre: Well, I think that we need to know, I think that we have a
responsibility to those 800 plus, just like we have a responsibility to voters
as far as how much we pay for this, we have that responsibility also. Right
now, just like this lease is up in the air, and we don't know what the hell we
are dealing with, that we also don't know what is going to be happening with
those individuals, and I think we owe it to them also to find out exactly what
the game plan is and I think that the community should know what the game plan
is because it is going to be affecting a lot of people that may not even know
what Camillus House is, or that it exists.
Mr. Bailey: Are you suggesting, Commissioner, that we get involved in a
social service responsibility?
Mr. De Yurre: No, what I am suggesting is, that we as representatives and
trustees of our citizens and the property of our community, that we know
exactly what we are dealing with so we can make the proper judgement, the
decision that needs to be made in the best interest of our community, that is
what I am saying.
Mrs. Kennedy: But you see, it is not really 891, because 991 actually get
fed, you know, they don't sleep there, and to the peripheral facilities
through out the community, the rest will go.
Mr. Plummer: No, there will still be on the sidewalks.
Mr. De Yurre: Rosario, if on Halissee they put up a feeding place...
Mrs. Kennedy: What?
Mr. De Yurre: On Halissee they put up a feeding place ...
Mr. Dawkins: Right across from J. L. Plummer's house.
Mr. De Yurre: Right there. You are going to have those neighbors right here
the next day!
Mr. Dawkins: No, no, you will have her, she is next door to J.L.
Mr. De Yurre: She will be there too. You know? The thing is that we may be
creating even further problems, and you know, you have got to have some vision
here.
Mrs. Kennedy: I understand that we need to know where the places will be.
That is not the issue before ...
Mr. De Yurre: And you think they are going to come all the way from downtown
and walk to a feeding place and walk back downtown so they can go to sleep and
then come back the next day? Let's deal with reality here now.
Mr. Plummer: They'll get free passes on Metrorail.
Mr. Bailey: Well, Commissioner, you have that now. I think probably we
should, in addition to thinking about that particular point of view, think
about ...
Mr. Dawkins: Ladies, the Commission, ladies and gentlemen and Administration,
we have 157 items to cover today. We are now on item one. I 7.hink it is time
we get off the dime.
71 July 14, 1988
116
0
Mayor Suarez: Anything further from the Commission? Call the roll on the
motion.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-640
A MOTION OF THE CITY COMMISSION RESTATING ITS DESIRE
TO CONTINUE TO COOPERATE WITH BROTHER PAUL IN HIS
EFFORTS TO SERVE THE HOMELESS AT CAMILLUS HOUSE;
FURTHER DIRECTING THE CITY MANAGER TO OFFER TO PAY
BROTHER PAUL THE APPRAISED VALUE OF THE PROPERTY SET
AT $1.2 MILLION, AT WHICH POINT HE COULD DO ONE OF TWO
THINGS: (a) SELL THE PROPERTY TO THE CITY AT THAT
PRICE, OR (b) STAY AT THE LOCATION AND CONTINUE TO
SERVE THE HOMELESS; FURTHER STIPULATING THAT IF HE
WERE TO ACCEPT ALTERNATIVE (a) (THE CITY'S OFFER TO
PURCHASE THE PROPERTY), HE WOULD AUTOMATICALLY COMMIT
TO RELOCATE OUTSIDE THE GENERAL AREA IN WHICH HE IS
PRESENTLY LOCATED; FURTHER, IF THE PURCHASE PRICE IS
NOT AGREED TO BY BROTHER PAUL, THE CITY ATTORNEY IS
HEREBY AUTHORIZED TO AGREE, ON BEHALF OF THE CITY, TO
HAVE A THIRD APPRAISAL MADE, WHICH WOULD BE BINDING ON
BOTH PARTIES; FURTHER STIPULATING THAT IF ALL THE
ABOVE WERE TO FAIL, THE CITY ATTORNEY WOULD BE
INSTRUCTED TO COME BACK WITH AND INFORM THE COMMISSION
AS TO CONDEMNATION PROCEDURES AND ALL THE DETAILS IT
WOULD ENTAIL; AND FURTHER DIRECTING THE ADMINISTRATION
NOT TO COME BACK BEFORE THE CITY COMMISSION UNTIL THEY
HAVE DETERMINED A DEFINITE PRICE FROM THE OWNER OF THE
PROPERTY IN WHICH BROTHER PAUL HAS THE LEASEHOLD
INTEREST.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
NOES: Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: What is the motion?
Mayor Suarez: It is your motion.
Ms. Hirai: Your motion to pay ... accepting that we cooperate with Brother
Paul in his serving the homeless; accept that we pay the appraised value of
$1,200,000 ...
Mr. Dawkins: Take that out. Commissioner De Yurre put in a third appraisal.
Ms. Hirai: Yes, he said if that fails, we would seek to negotiate a third
appraisal that would be binding on both and everybody. Also, if they accept
the money that they would commit to relocate outside the general area and
also, instructing the Administration that at the time they come back, they
must have the definite price from the real property owner.
Mr. Dawkins: Yes.
Mr. Odio: Can I ask a question, Mr. Mayor.
Mayor Suarez: Yes, can I vote first?
Mr. Odio: If this ... oh, I am sorry!
Mayor Suarez: No.
72 July 14, 1988
COMMENTS AFTER ROLL CALL:
Mayor Suarez: Yes, Mr. Manager, you want to ask a question and then Dean, you
have got a presentation to make that we are all going to be very happy about,
so we can it at lunch time, where we are not. affected by the discussion of
Camillus House.
Mr. Dawkins: After Dean, I would like to ask to move 103.
Mayor Suarez: We can do that before, if you would like.
Mr. Dawkins: OK, let's hear from Dean first.
Mr. Odio: If this offer is not accepted, what are your instructions for us to
... since this is the last meeting, don't we have another ...
Mayor Suarez: Well, if you don't bring it back up, I am going to ask to bring
back up to the Commission to consider condemnation proceedings, so it really
Mr. Odio: Well, that is my question. Should we proceed ...
Mayor Suarez: You don't have to if you don't want to, it is up to you.
Mr. Odio: What I would like to do is say if he doesn't accept this, do you
want us to proceed with condemnation?
Mr. Dawkins: No, let him stay there. Let him stay there until he dies.
Mr. Plummer: No, bring it back to this Commission with an answer and we will
discuss it.
Mr. Odio: Right, do you want me to bring it back this afternoon?
Mr. De Yurre: But come back with, you know, what condemnation really means,
what is the effect, the impact and all of that kind thing, so we can ...
Mayor Suarez: Yes, and make sure that the lease has been totally reviewed by
the City Attorney's office, involving them in the negotiations.
Mrs. Kennedy: See if you can get an answer by this afternoon.
Mr. Odio: No, on that side of the condemnation, no.
Mayor Suarez: I would hope that that would be done not until the meeting in
September, as proposed by Commissioner, as proposed by Commissioner, but July
21st, the sooner, the better.
Mr. Dawkins: OK, let me make myself clear. I will not be voting to condemn
or displace Brother Paul, against his will. That's Brother Paul's property, he
may stay there as long as he wishes. My vote is not to pay Brother Paul
$1,000,000 profit in an effort to encourage him to move. That's my position.
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20. DISCUSSION IN CONNECTION WITH CODESIGNATION OF NW 69 STREET AS "JOHN
HENRY PEAVY JR. STREET."
------------------------------------------------------------------------------
Mayor Suarez: OK, did you want to take an item very quickly and then we will
do the ceremonial?
Mr. Dawkins: Yes, we got a fellow over here who got a bad heart. Mr.
Raiford, you been sitting here often and I want your wife to see you die and
collect your insurance money. Will you come up, please, sir? OK, come right
up here, I'm sorry, Mr. Peavy. 103, please.
Mr. Mark Phillips: OK, my name is Mark Phillips, I am the son of Mr. Peavy.
I am currently residing at 2360 NW 108 Street, and after having read this
address here, from 69th Street to NW 7th Avenue to 12th Avenue, we have
decided we need to make a change, because from 69th Street, from 7th Avenue to
73 July 14, 1988
12th Avenue, is a rather short street, and it is between the housing project
Mr. Dawkins: Wait a minute, say what now? ... 69th Street from what?
Mr. Phillips: From NW 7th Avenue to NW 12th Avenue.
Mr. Dawkins: No, it goes ... expressway to NW 17th Avenue which is the end of
the City limits.
Mr. Phillips: OK, well it doesn't read that here.
Mr. Dawkins: OK, that is all right. We are just working.
Mr. Phillips: OK, from the expressway to ...
Mr. Dawkins: From the expressway on 69th Street, all the way over to 17th
Avenue, which is the end of the City limits.
Mr. Phillips: OK, we the family and also the family of Northwestern would
like to make a change, if possible. We'd like to do this running in front of
the school on 12th Avenue, NW, from 79th Street to possibly 36th Street, which
is like the north/south boundary of the City, as well as the school boundary,
north/south.
Mr. Dawkins: OK, we have a ... what is that memorial board called, Mr.
Cather? The memorial board, what is the street, memorial board called?
Mr. Plummer: Memorial Committee.
Mr. Dawkins: All right, you will have to appear before the Memorial
Committee, for I have already put this through, for this to be OK'd. You will
have to go back before the committee, explain your case and get a vote and
come back.
Mr. Phillips: OK, how will I go about finding when the meeting date ...
Mr. Dawkins: Get with this gentlemen over here, and he will set it up. Now,
you are going to run into one problem, OK? 12th Avenue, from Little Havana to
20th Street is Ronald Reagan Boulevard. It will never be Ronald Reagan
Boulevard in my neighborhood. OK, I got a problem with that.
Mr. Plummer: No, it only goes to SW 1st Street... NW 1st Street.
Mr. Dawkins: OK, well, SW 1st Street.
Mr. Phillips: Up until 20th.
Mr. Dawkins: All right now, I don't know what we are going to do, you know,
with this one, but you come before the board, and let's see what we get.
Mr. Phillips: OK. Thank you.
Mr. Dawkins: OK, thank you. Thank you, Mr. Mayor.
21. PRESENTATION OF PLAQUE TO COMMISSION FOR MIAMI ARENA.
PLAQUE PRESENTED by Mr. Dean Petrinelli the City of Miami Commission and staff
for their efforts in completing the Miami Arena.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:00 NOON AND RECONVENED AT 2:09 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
WITH THE EXCEPTION OF COMMISSIONER DAWKINS.
74 July 14, 1988
I
--------------------------------------- ---------- -----------------------------
22. PRESENTATION BY LOTUS JUICES SPONSORING SUMMER OLYMPICS. (ADOPT THE PARK
PROGRAM)
------------------------------------------------------------------------------
PRESENTATION MADE - LOTUS JUICES sponsoring Summer Olympics.
------------------------------------------------------------------------------
23. BRIEF COMMENTS IN CONNECTION WITH ALLEGED DISCRIMINATION IN THE POLICE
DEPARTMENT - TO BE SCHEDULED IN NEXT AGENDA.
Mr. De Yurre: Mr. Mayor, while you are finding the next item, I'd like to on
the record and ask City Manager Cesar to put on next week's agenda as an
emergency item to schedule Sergeant Jorge Mandresa, the police Hispanic
Association president, to appear before us, because there is a lot of concern
in the community, a lot of... at least I have concern about some alleged
Hispanic mistreatment in the Police Department. I want to know if it is
factual or if it is not, and I would like to hear from him, so we know what is
happening. If it is not, so we can dispense with it, and if it is, so we can
deal with it, OK?
Mayor Suarez: We will hear from ... is it Sergeant now, Jorge?
Mr. De Yurre: Sergeant Jorge Mandresa.
Mayor Suarez: Next Commission meeting?
Mr. Plummer: Honored colleague Victor, may I please give a word of caution,
and it is my 18 years of history in this City, I would beg of you to make sure
that their appearance here, that in no way does it violate union contract,
does it violate any of the Charter provisions of interference, and if all of
those are in order, then I say fine, let them appear, but I would very well
caution you that we do stay within those parameters.
Mr. De Yurre: OK, no problem.
Mayor Suarez: Remember that we stay within those parameters as to the
complaints in the firefighters, and certainly no particular ethnic group is
prevented from making those...
Mr. Plummer: Mr. Mayor, that of course is after it had gone through the
regular channels, then it came to us.
Mayor Suarez: They managed to stay within the parameters, or didn't actually,
the unions complained that they didn't because they still have the complaint
about unfair labor negotiations.
Mr. Plummer: Just a word of caution.
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24. COMMISSION EXPRESS SUPPORT OF AMERICAN HERITAGE TRUST ACT.
Mayor Suarez: Yes, Madam Vice Mayor.
Mrs. Kennedy: Mr. Mayor, I do need a resolution passed, supporting two bills
in Congress. The American Heritage Trust Act, and its companion bills which
will establish a trust to provide $1,000,000 to help Federal, State and Local
park acquisition, and State and Local park development and rehabilitation. I
think that this represents a good opportunity to get some of these funds and
rehabilitate our own inner-city parks, and I so move it.
Mayor Suarez: So moved.
75 July 14, 1988
Mr. Plummer: I'm sorry, what was it?
Mrs. Kennedy: The American Heritage Trust.
Mr. Plummer: Oh, very definitely, we'd be happy to second it.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-641
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS
SUPPORT OF THE AMERICAN HERITAGE TRUST ACT AND STRONGLY
URGING PASSAGE OF S.B. 2199 AND H.R. 4127 BY THE U.S.
SENATE AND THE U.S. HOUSE OF REPRESENTATIVES; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE WITHIN NAMED OFFICIALS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
AT THIS POINT, THE COMMISSION RESUMED CONSIDERATION OF THE
CONSENT AGENDA.
25. RESCIND CONTRACT WITH URBAN SOUTH, INC. AND ACCEPT BID OF TARAFA
CONSTRUCTION FOR VIRGINIA KEY IMPROVEMENTS - LIFEGUARD FACILITIES.
Mayor Suarez: Item 28, I believe, is that correct? City Manager's staff,
maybe? Is that, I believe because it was one of those with modifications.
Mr. City Attorney, is there any major modification you want to tell us
about? - and hopefully none.
Mr. Fernandez: In item 28, no. Simply, the resolution in the packet was a
resolution that called for rescinding, and it is not necessary to rescind. It
is simply to find them in default, because they really did not follow through,
and then proceed to award it to the next contractor, which is Tarafa, so it is
just changing the work from rescinding to really find them in default.
Mr. Plummer: Who is Urban South, Inc., and what do they do?
Mr. Odio: This is a black firm that...
Mr. Plummer: Are they a construction company?
Mr. Odio: Construction company that will...
Mr. Plummer: In other words, you are throwing that one out and accepting the
other one? Is that correct?
Mr. Fernandez: Yes.
Mr. Plummer: OK, that is all I need to know. Thank you. Move 28. Oh wait a
minute, I didn't pull it.
76 July 14, 1988
Mr. Odio: No, it was pulled by the City Attorney.
Mr. Plummer: Oh, I move 28.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll on item 28.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-642
A RESOLUTION DECLARING THE CONTRACT BETWEEN THE CITY
OF MIAMI AND URBAN SOUTH, INC., FOR THE PROJECT
ENTITLED "VIRGINIA KEY IMPROVEMENTS - LIFEGUARD
FACILITIES", TO BE IN DEFAULT; FURTHER ACCEPTING THE
BID OF TARAFA CONSTRUCTION, INC., IN THE AMOUNT OF
$31,555.00, FOR VIRGINIA KEY IMPROVEMENTS - LIFEGUARD
FACILITIES, WITH MONIES THEREFOR ALLOCATED FROM THE
CAPITAL IMPROVEMENTS PROGRAM ORDINANCE NO. 10347, AS
AMENDED, PROJECT NO. 331044 IN THE AMOUNT OF
$31,555.00 TO COVER THE CONTRACT COST; AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH THE FIRM OF
TARAFA CONSTRUCTION INC. FOR SAID 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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
26. AUTHORIZE EXECUTION OF AGREEMENT WITH GREATER MIAMI NEIGHBORHOODS INC.
TO PROVIDE FINANCIAL AND TECHNICAL SUPPORT CO COMMUNITY BASED
CORPORATIONS FOR AFFORDABLE HOUSING (See labels 30 and 69)
Mayor Suarez: Do we have a modification on item 35?
Mr. Odio: Yes.
Mayor Suarez: What is the modification?
Mr. Fernandez: Yes, the only modification there is that we wanted to make
sure that we included a copy of the agreement with Greater Miami
Neighborhoods, Inc., attaching it to the resolution that you are passing today
so that you precisely knew what it was, and that has been made available to
you as part of this package, the agreement itself.
Mayor Suarez: Any problems with any Commissioner? Somebody want to move the
item?
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
77 July 14, 1988
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-643
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI AND GREATER MIAMI NEIGHBORHOODS,
INC., FOR IMPLEMENTATION OF THE GREATER MIAMI
NEIGHBORHOODS PROGRAM IN THE CITY OF MIAMI WHICH PROVIDES
FINANCIAL AND TECHNICAL SUPPORT TO COMMUNITY BASED NOT -
FOR -PROFIT CORPORATIONS IN THE PROVISION OF HOUSING
AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES; FURTHER
DIRECTING THE CITY MANAGER TO REALLOCATE A TOTAL OF ONE
HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) FROM
UNCOMMITTED LOTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR THE AFOREMENTIONED PURPOSE.
(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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
NOTE HEREINABOVE RESOLUTION WAS LATER RECONSIDERED AND WITHDRAWN
AND REPASSED AS RESOLUTION 88-668.
27. AUTHORIZE CONTRACT WITH MIAMI CAPITAL DEVELOPMENT CORPORATION INC. TO
INCREASE REVOLVING LOAN FUND OF WHICH $83,500 WILL BE USED FOR MINORITY
IMPORT/EXPORT REVOLVING LOAN FUND PROGRAM.
Mayor Suarez: Item 36, Commissioner Plummer.
Mr. Plummer: I think we need to know more about this $430,000 to Miami
Capital. What is that money ... let me just
Mr. Castaneda: The $430,000 is for revolving loan fund and there is also
$190,000 for administration.
Mr. Plummer: Is that $430,000 their revolving loan fund?
Mr. Castaneda: That will go into their revolving loan fund, correct.
Mr. Plummer: And that is the item that has been deferred two or three times?
Mr. Castaneda: No, the item that you are discussing, you are mentioning, is
item 39. That is the City-wide business development pilot program.
Mrs. Kennedy: Item 36 is authorizing the execution of this agreement, right?
Mr. Castaneda: Right.
Mr. Plummer: OK, let me ask, what is this $83,500 for so-called minority
import export revolving loan fund?
Mr. Castaneda: Right. Miami Capital is right now negotiating with EDA in
obtaining...
Mr. Plummer: With who?
78
July 14, 1988
Mr. Castaneda: Economic Development Administration, EDA...
Mr. Plummer: Federal.
Mr. Castaneda: Right, in order to obtain $250,000 to help minority exporters.
If they do receive that money, they would need to use part of their revolving
loan fund money to match that fund. If not, it will just go into their
revolving loan program, but that permits them the ability to apply for that
program.
Mr. Plummer: Is that in addition to?
Mr. Castaneda: No, it is not.
Mr. Plummer: That's part of.
NOTE FOR THE RECORD: COMMISSIONER DAWKINS ENTERED THE MEETING AT
2:18 P.M.
Mr. Castaneda: That's part of.
Mr. Plummer: Thank you. I move 36.
Mrs. Kennedy: Second.
Mr. Fernandez: With a minor correction as noted in the addendum, which is
just to make sure that the title reflects also the amount of money as stated
in the body of the resolution. The title of the resolution must contain that
portion also.
Mr. Plummer: I accept that.
Mayor Suarez: OK, with that understanding, you are moving 36? He is nodding
his head, he is smiling, he sounds like he is moving it.
Mr. Plummer: Yes, I have already moved it, I thought.
Mrs. Kennedy: I seconded.
Mayor Suarez: Seconded, any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-644
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY WITH MIAMI CAPITAL DEVELOPMENT CORPORATION,
INC. (MCDI) WHICH PROVIDES FOUR HUNDRED THIRTY
THOUSAND DOLLARS ($30,000) TO INCREASE THE EXISTING
REVOLVING LOAN FUND (RLF) OF WHICH EIGHTY-THREE
THOUSAND FIVE HUNDRED DOLLARS ($83,500) WILL BE USED
FOR A MINORITY IMPORT/EXPORT REVOLVING LOAN FUND
PROGRAM AND PROVIDES ONE HUNDRED NINETY THOUSAND
DOLLARS ($190,000) FOR THE ADMINISTRATIVE OPERATIONS
OF MIAMI CAPITAL DEVELOPMENT, INC. FOR THE PERIOD OF
JULY 1, 1988 TO JUNE 30, 1989 WITH FUNDS THEREFOR
BEING ALLOCATED FROM THE FOURTEENTH (14TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUND.
(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:
79 July 14, 1988
. 0 9
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I don't know.
Ms. Hirai: It is item 36, sir.
Mr. Dawkins: 36?
Mayor Suarez: He had pulled it and he seems to be satisfied with it.
Mr. Dawkins: Who pulled it?
Mayor Suarez: J.L.
Mr. Dawkins: J.L. pulled? OK, yes.
28. DEFER CONSIDERATION OF PROPOSED ALLOCATIONS TO "BLACK ARCHIVES HISTORY
AND RESEARCH FOUNDATION" FOR HISTORIC PRESERVATON PROJECT AND "JEWISH
FAMILY SERVICES" FOR ELDERLY CRIME VICTIMS PROGRAM.
Mayor Suarez: OK, item 32 first, and then we will get to 35.
Mr. Dawkins: 32? OK, why is it that each year you have given $31,000 to the
Black Archives and you gave $48,000 to the Jewish Home, and then you are
showing here where the cost of living of everything goes up, therefore the
Jewish Home got more money, and the Black Archives didn't get more money.
Mr. Castaneda: No...
Mr. Dawkins: I defer this until you bring it back to me and show me how you
adjusted it.
Mr. Plummer:
Second the deferment.
Mr. Castaneda:
Fine.
Mayor Suarez:
You want to table until later in the afternoon?
Mr. Dawkins:
No, sir. No, no, I don't need to table it, OK? He knows
damn
well that it costs just as much money for each organization to operate.
If a
gallon of gas
costs more money for the Jewish Home, it cost just as much
money
for the Black
Archives.
Mayor Suarez:
So I was asking...
Mr. Dawkins:
If a loaf of bread costs more money one place, it costs the
same
amount of money another place.
Mayor Suarez:
Do you think it can be clarified for you by this afternoon?
If
not, I just understand your motion to be a motion to defer, right?
Mr. Dawkins:
Yes, please, Mr. Mayor.
Mr. Plummer:
I think it's a motion for further information.
Mr. Dawkins:
Yes.
Mayor Suarez:
And to defer in the meantime, not to table, because you
don't
anticipate getting that today, right?
80 July 14, 1988
Mr. Dawkins (OFF MIKE): No.
Mayor Suarez: You don't want to take any action on it today. We have a
motion to defer and a second. Any discussion? Call the roll; thirty-two.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER PLUMMER, ITEM 32 WAS DEFERRED PENDING FURTHER
INFORMATION, BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Ms. Hirai: Sorry. Commissioner De Yurre votes yes.
Mayor Suarez: Was there anyone here on item 32, by any chance? Madam City
Clerk?
Ms. Hirai: No, no, I was saying that Commissioner De Yurre voted yes from
almost outside.
------------------------------------------------------------------------------
29. DEFER CONSIDERATION OF PROPOSED CONTRACT WITH DAVID M. GRIFFITH AND
ASSOCIATES TO PREPARE CENTRAL SERVICES COST ALLOCATION PLAN
Mayor Suarez: Item 34, Commissioner Dawkins.
Mr. Dawkins: On item 34, Mr. Manager, in my opinion, when you apply for
federal grants, you spell out in the federal grants, what amount of money is
for administrative cost and etcetera. Is that a correct statement?
Mr. Odio: Yes, it is.
Mr. Dawkins: And now, we want to pay $15,000 to a firm who supposedly is
going to come in and tell me how to apply for the in house services...
Mr. Odio: Commissioner...
Mr. Dawkins: Yes, sir.
Mr. Odio: We're not hiring them now. This was approved April 8th of 1987 and
we're just bringing it back to you for approval to pay him. The work has been
done and through this process, we have received $665,000 in grants so we spent
$15,000 and got $665,000 back in grants so... but we are just formalizing what
was done in April 8th of 1987.
Mr. Dawkins: Where does that say that in here?
Mr. Carlos Garcia: Commissioner, if I may...
Mr. Dawkins: No, no...
Mr. Odio: It might be - it's in the backup informa...
Mr. Dawkins: No, no, wait till I finish with him, please.
Mr. Odio: It's in the backup information, Commissioner.
Mr. Dawkins: All right, show me, what page? I got three pages of backup
information.
81 July 14, 1988
Mr. Odio: I'm sorry, Commissioner, I stand corrected.
Mr. Dawkins: No problem, no problem...
Mr. Odio: That's not what my note - they are extending the contract for
another year, I'm sorry.
Mr. Dawkins: Aha, extending!
Mr. Odio: I'm sorry, it's my fault.
Mr. Dawkins: We're not paying for work that has been completed. Is that
correct, sir?
Mr. Odio: Yes - work was completed and they're trying to extend it for
another year.
Mr. Dawkins: OK and for a whole year he worked with us, with people whom you
pay dearly, and in one year, nobody learned how to do what he was doing and
now you got to bring him back at $15,000 to do what somebody in house, in my
opinion, should have learned how to do.
Mr. Garcia: Commissioner, if I may...
Mr. Dawkins: Yes, sir, go right ahead, sir.
Mr. Garcia: There's a requirement from the federal government that an
indirect cost plan allocation is prepared or updated every year in order for
the City to charge community development block grants those indirect costs
that are incurred by various City departments such as the City Manager's
office, finance, budget and so on, and this is the only way that we can go
back and ask the monies from the federal government. As far as doing it in
house, this is a very specialized field and they use special computerized
programs that we don't have. Besides that, it takes quite a bit of work to
survey every department in the City and find a basis to allocate those costs
in that department. It's a very specialized field and we have - the $15,000
we would have to pay this firm is a very low fee compared to the type of work
that is required and, you know, I'm highly recommending that we go ahead and
continue the contract with this firm for another year. We cannot do it in
house.
Mr. Dawkins: Which person can you lay off, Mr. Manager that makes $15,000 in
the budget department, in the finance department or somewhere where somebody
should have been able to do this and can't do it and we need this expertise.
Where can you cut off somebody to balance this? Since this is such a vital
service that's needed, and out of all the high priced people...
Mr. Plummer: Finance...
Mr. Dawkins: ... we got on staff, nobody has the expertise with which to do
it, why not lay somebody off and bring some person on at $15,000 who can do
it?
Mr. Garcia: Commissioner, if I may, you know, it's a very specialized field.
As I say, we cannot do it in house, we don't have the expertise to do it or we
don't have the specialized computer programs that it takes to do it. It is a
cost effective measure to go outside and get someone like this firm to do it.
Mr. Dawkins: May I ask you one personal question?
Mr. Garcia: Yes, sir.
Mr. Dawkins: How long have you and I been here together?
Mr. Garcia: Oh, 11 years.
Mr. Dawkins: And ever since I've been here, every time you and I come to one
of these cop outs, I get the explanation from you that this is a specialized
field and nobody else around here can do it and therefore we have to have it.
You know, somewhere along the lines in these nine years, somebody should have
said, that fool, Dawkins, is going to want us to have somebody with this
expertise so we need to get somebody and start cross training them so that
82 July 14, 1988
when Dawkins jump up and down and scream, we can say, hey, Commissioner, we
got him, we got her, we got it. It can do the job. But every time, you come
up, and I'm not saying you only, sir, I have to go back to the Manager because
I can call him everybody, everytime the Manager gets here with one of these
things that's a specialized training that nobody has and this individual has
some God gifts thing, that he's the only one could learn it, and nobody else
could learn it because God said that you the only one can do it, so,
therefore, we can't do it without you.
Mr. Garcia: Commissioner, if I may, I'm not saying that. What I'm saying is
that this is a cost effective measure that...
Mr. Dawkins: According to whose terms, who decided it's cost effective?
Mr. Garcia: That's my personal professional opinion that I'm giving you and
that's I think that's what I get paid for.
Mr. Plummer: Oh, oh. You're in trouble.
Mr. Dawkins: And, why, if you get paid so handsomely, you can't do this?
Mr. Garcia: Because for one, personally, I don't have the expertise to do it
and there's no one in my...
Mr. Dawkins: Beg your pardon?
Mr. Garcia: I don't have the personal expertise to do it. Besides that, as I
said, we need a very specialized computerized system to do this. And you
know, I...
Mr. Dawkins: All right, now - hold it, hold it, hold it. Mr. Manager, how
many years have I been sitting here telling you that with - how much did those
computers cost, J.L.?
Mr. Plummer: A lot.
Mr. Dawkins: With all these computers that we should not have computerized
everything within the City of Miami.
Mr. Plummer: Tell me my figures are wrong.
Mr. Odio: Except when - and you're right, except for some things,
Commissioner, that are used very few times. This is one of them that would
not be cost effective.
Mr. Dawkins: How is it used one...
Mr. Odio: You might spend $100,000 in some programs to do this when you're
only going to do it once a year or so.
Mr. Dawkins: OK, this is the only program we have where the federal
government demands cost effective accounting and to show what we've done with
the money and to come up with quote, unquote those answers and questions that
the government wants. This is the only one that you've got in the City.
Mr. Garcia: Commissioner...
Mr. Dawkins: Out of all the money we receive from the federal government,
this is the only one that demands this.
Mr. Garcia: No, sir, it's not the only one, but...
Mr. Dawkins: All right, thank you, case closed.
Mr. Garcia: If you wish to defer this - pardon me?
Mr. Dawkins: All right, all right...
Mr. Garcia: I'll be more than happy to sit down with you and show you the
kind of reports that we get from...
83 July 14, 1988
Mr. Dawkins: No, no, if I defer it, will it make any difference? You will
still come back and tell me you need the individual.
Mr. Garcia: Well, I can talk to you personally and show you what kind of
reports we get, you know.
Mr. Dawkins: Tell you what, I'll do this with you, OK? You get your report,
OK? And I'll take you to Miami Dade with me in my department and I'll show
you at Miami -Dade where we pay people who work with grants, whose jobs it is
to go out and solicit money and they do this.
Mr. Garcia: Very good, we can do that.
Mr. Dawkins: All right, OK, I'll do that. Defer this until we both go to
Miami -Dade.
Mayor Suarez: Move to defer. Do we have a second?
Mrs. Kennedy: Second.
Mr. Plummer: Second.
Mayor Suarez: Second. Any discussion? Call the roll.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY VICE
MAYOR KENNEDY, ITEM 34 WAS DEFERRED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
30. RECONSIDER PRIOR VOTE ON AND WITHDRAW AGREEMENT WITH GREATER MIAMI
NEIGHBORHOODS INC. TO PROVIDE FINANCIAL AND TECHNICAL SUPPORT TO
COMMUNITY BASED CORPORATIONS FOR AFFORDABLE HOUSING (See labels 26 and
69).
----------------- ------------------------------------------------------------
Mayor Suarez: Item 35 had a clarification. We voted on it.
Mrs. Kennedy: We voted on it.
Mayor Suarez: If Commissioner Dawkins wants to...
Mr. Dawkins: What's 35?
Mayor Suarez: He did not ask for it to be pulled but if you want to have it
reconsidered...
Mr. Dawkins: Yes, I did. What is it, 35? Let me get my agenda, please.
Thirty-five...
Mrs. Kennedy: The Greater Miami Neighborhoods Program.
Mr. Dawkins: Yes, I'd like to reconsider 35.
Mr. De Yurre (OFF MIKE): Second.
Mayor Suarez: Moved to reconsider. Seconded. Any discussion? Call the
roll.
Mr. Dawkins: Why is it...
84 July 14, 1988
0 i
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-645
A MOTION TO RECONSIDER PREVIOUS VOTE ON AGENDA ITEM
NO. 35, (AGREEMENT WITH GREATER MIAMI NEIGHBORHOODS,
INC., TO PROVIDE AFFORDABLE HOUSING TO LOW AND
MODERATE INCOME FAMILIES).
(NOTE: This item was later passed as R 88-669).
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: Why is it we have - where is Jerry? No, Jerry, not you, Frank.
Where is Mr. Bailey?
Mr. Plummer: They're back in the poker game in the COW room.
Mr. Dawkins: Why is it that we have a housing development that's supposed to
help provide affordable housing and we're going to go out and hire someone for
$125,000 to do this that should be done in house?
Mr. Frank Castaneda: This is an item of housing.
Mr. Dawkins: Beg your pardon?
Mr. Odio: I'd like to withdraw this item, Commissioner. I'd like to withdraw
it.
Mr. Dawkins: OK, thank you.
Mayor Suarez: Item 35's withdrawn. Any objections from anyone?
NOTE FOR THE RECORD: This item was later taken up again and passed as R-88-
669.
------------------------------------------------------------------------------
31. A. AUTHORIZE PURCHASE FROM PEOPLES NATIONAL BANK ITS LOAN TO HAITIAN
TASK FORCE, INC. FOR CARIBBEAN MARKETPLACE PROJECT.
B. INSTRUCT TRANSFER TO ANOTHER BANK ALL FUNDS ON DEPOSIT WITH PEOPLE'S
NATIONAL BANK IF SAID BANK BILLS THE CITY FOR ITS LOAN TO HAITIAN TASK
FORCE (THE CARIBBEAN MARKETPLACE PROJECT)
Mayor Suarez: OK, item 37.
Mr. Dawkins: Item 37...
Mr. Frank Castaneda: Yes, Commissioner.
Mr. Dawkins: We've already given them $60,000, is that correct?
Mr. Castaneda: That's correct. This is not new money, let me just add. The
Commission had approved $150,000 loan to the Caribbean - to Haitian Task Force
for this Caribbean Marketplace. What happened was that the state is also
providing $150,000 loan with the condition that a private banking institution
be involved. Therefore, since there was no private banking institution
involved, what we're doing is that Peoples Bank is lending the organization
the $150,000 at the same terms and conditions that were approved by the City
85 July 14, 1988
Commission and we're buying their loan in order to make the state happy. This
is being done.
Mr. Dawkins: Well, Peoples Bank is not doing anything.
Mr. Castaneda: They are not doing anything.
Mr. Dawkins: They aren't - People Bank and, see, the public should know this.
People Bank isn't doing anything. What People Bank is saying, we will put up
$150,000 for this group if you will come and give us the $150,000 to hand to
them.
Mr. Castaneda: That is correct. That's correct.
Mr. Plummer: What are the terms of the loan?
Mr. Castaneda: It's the same terms that were approved previously is six
percent amortized over 30 years and called on year 15 principal and interest
will be deferred for year one and two and the loan will be interest free
during construction.
Mr. Plummer: And what is the collateral?
Mr. Castaneda: The collateral would be that we would have, I believe it's the
second or third position on the building.
Mr. Dawkins: Third?
Mr. Plummer: Who has the first?
Mayor Suarez (OFF MIKE): The banks.
Mr. Plummer (OFF MIKE): No, the banks not involved.
Mr. Dawkins (OFF MIKE): The banks out of it, we're just giving them $150,000
to get the bank out of it because...
Mr. Plummer: Why don't we have first position?
Mr. Dawkins (OFF MIKE): That's my only concern.
Mr. Castaneda: The funding parties are the State of Florida which is
providing $150,000, the office of community service, $135,000; local
Initiative Support Corporation, $220,000 and Metropolitan Dade County
$110,000. If I recall correctly, we're right behind Local Initiative Support
Corporation.
Mr. Plummer: Why do we have to be behind anybody?
Mr. Dawkins: OK, J.L., Local Initiative is putting in $220,000, a grant -
free. OK? So they don't...
Mr. Plummer: So they have no position.
Mr. Dawkins: No position in my opinion. Office of community services, the
State of Florida somewhere is giving $135,000 a grant. The State of Florida
community affairs is giving $150,000 - and right here it says $200,000 - the
State of Florida, they got $150,000 amount but in the terms it says, $250,000
at zero percentage interest for 20 years. Now which is correct? Two fifty or
one fifty?
Mr. Castaneda: The rate is zero percent...
Mr. Dawkins: No, no, what amount is correct - $200,000...
Mr. Castaneda: It's $150,000, Commissioner.
Mr. Dawkins: ... is correct? So the two hundred...
Mr. Castaneda: $250,000 is what they had requested, what the State of Florida
did give was $150,000.
86 July 14, 1988
Mr. Dawkins: All right, so the State of Florida is giving $150,000 at 20
percent interest, all right?
Mr. Castaneda: No, at zero percent.
Mr. Plummer: At what?
Mrs. Kennedy: At zero percent.
Mr. Dawkins: All right, zero percent.
Mrs. Kennedy: For 20 years.
Mr. Dawkins: Now they've given $150,000, the City of Miami, we're putting in
$60,000, OK, for facade, right?
Mr. Castaneda: That's correct.
Mr. Dawkins: Then you're going to go back up here and get up $150,000 which
makes $210,000 and we don't have first position.
Mr. Castaneda: We might be able to obtain first position, Commissioner.
Mr. Plummer: What do you mean, maybe? Who the hell do you work for? I mean,
if you're working for me, why aren't you out there fighting to be in first
position?
Mr. Castaneda: Will do.
Mr. Plummer: But why haven't you done it before now is what I'm asking?
Mr. Castaneda: To tell you the truth, the big complication in this deal was
that they would not accept the City loan money as the match for the state and
that's what has been the biggest hang up in this whole issue and once that is
resolved, we can worry about the other issue.
Mr. Plummer: Well, I'd like to see it approved predicated us being in the
first position...
Mr. Castaneda: In the first position, fine.
Mayor Suarez: So moved with that proviso.
Mrs. Kennedy: Is that your motion, or is that...
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: And, if not, I guess you'll have to bring it back. Call the
roll.
Mr. Dawkins (OFF MIKE): What's the motion?
Mayor Suarez: To move the item with the proviso or condition that we be in
first position. If not, they have to bring it back.
Mr. Dawkins: Second.
Mrs. Kennedy: I did. You want to second and I'll...
Mr. Dawkins (OFF MIKE): I just needed to know who seconded it, I don't care.
Mr. De Yurre: I'll second it, but before we second it... did she second?
Mrs. Kennedy: I seconded it already.
Mr. De Yurre: OK, discussion then. Is Peoples' - are they charging any
points or are they making any money on this? On our money?
Mr. Castaneda: We have not gotten into that issue but I assume that they will
want to charge some points.
87 July 14, 1988
Mr. De Yurre: Well, are they doing - they're not doing the City, the
community any favors at all?
Mr. Castaneda: I don't believe that they are.
Mr. De Yurre: How much money do we have that - do we have any money in their
account? City money, City funds?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS.
Mr. Dawkins: No, they're not within the City.
Mr. Odio: None.
Mr. Plummer: That's why they're charging us points.
Mr. De Yurre: We don't have any money there, OK.
Mayor Suarez: OK, call the roll. Mr. Garcia, at your own risk. No wait, I'm
sorry. Did you want to say something, Carlos? Clarification?
Mr. Carlos Garcia: I just wanted to clarify that we have a revenue account
with Peoples Bank that receives monies from the federal government and
transfers them to the City. They don't have City investments as such but they
do have a City account.
Mr. De Yurre: How much - annually how much flows through the bank?
Mr. Garcia: I would say about 10 million dollars.
Mr. De Yurre: Ten million? How many days do they hold that?
Mr. Garcia: No more than five at a time.
Mr. De Yurre: Five days or...
Mr. Garcia: Yes.
Mr. De Yurre: So whatever, just - without even getting into numbers, you're
talking about a pretty decent amount of money.
Mr. Garcia: Um hum.
Mr. De Yurre: OK. So, I would...
Mr. Plummer: That's the next motion.
Mr. De Yurre: Well, that's - OK, you know, we got to take care of our people,
right?
Mr. Plummer: That's the next motion.
Mr. De Yurre: OK. Well, are we going to deal with this one first then we'll
get into that one?
Mr. Plummer: Sure. Sure.
Mr. De Yurre: OK, let's do it.
Mayor Suarez: Call the roll.
88 July 14, 1988
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-646
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE
FROM PEOPLES NATIONAL BANK ITS LOAN TO THE HAITIAN
TASK FORCE, INC. FOR THE CARIBBEAN MARKETPLACE PROJECT
IN THE AMOUNT OF ONE HUNDRED FIFTY THOUSAND DOLLARS
($150,000) AT THE SAME TERM AND RATE OF THE CITY OF
MIAMI LOAN, SAID FUNDS PREVIOUSLY ALLOCATED BY
RESOLUTION NO. 87-350 FROM THE TWELFTH (12TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. De Yurre: OK, I move that if Peoples charges a penny on this transaction,
we find another bank to do that type of activity with. If anybody...
Mr. Plummer: Oh, I second the motion but I would want it more clear. That if
they charge us one penny, that all accounts at Peoples Bank be transferred to
another bank.
Mr. De Yurre: Well, that's exactly it.
Mr. Plummer: Make it clear. Call the roll.
Ms. Hirai: Who seconds that?
Mr. De Yurre: J.L., do you second?
Mr. Plummer: Yes, I second it.
Mayor Suarez: Wait, let me just say something real quick. That may not be
the best way to proceed without further Commission action. Yes, they will get
the message. I mean, do you really want to say that or do you want to say
that this particular transaction, it won't - well...
Mr. Dawkins: I've said, Mr. Mayor, I've said it for every bank in the City of
Miami. Any bank that does not participate in attempting to better the
conditions of the minorities, do not need to reap any benefits from the tax
dollars that the City of Miami has. Now, if they do not want to participate,
by serving some of the needs in this community, then they do not need to be
participating.
Mr. Plummer: Well, plus the fact, we're not locking the door on them. We're
giving them an alternative. They can choose to do what they wish.
Mayor Suarez: OK, call the roll.
89 July 14, 1988
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-647
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
IMMEDIATELY TRANSFER TO ANOTHER BANK ALL CITY FUNDS
PRESENTLY ON DEPOSIT WITH PEOPLE'S NATIONAL BANK IN THE
EVENT SAID BANK BILLS THE CITY ANY CHARGES FOR ITS LOAN TO
THE HAITIAN TASK FORCE (THE CARIBBEAN MARKETPLACE
PROJECT) .
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I have to vote no because I'm concerned about the consequences.
I like the thrust of the message that is being sent but...
32. DISCUSSION CONCERNING MIAMI CAPITAL DEVELOPMENT, INC. CITYWIDE SMALL
BUSINESS DEVELOPMENT PILOT PROGRAM
------------------------------------------------------------------------------
Mayor Suarez: Thirty-nine.
Mr. Odio: Thirty-nine, I'm sorry, clarification on...
Mrs. Kennedy: Who pulled 39?
Mr. Odio: No, it was only for a clarification.
Mr. Fernandez: Yes, there were insubstantial changes made in the title as
well as the body of this resolution and this resolution really formalizes
action taken by you at the meeting of June 23rd, 1988, in regard to the
Citywide Business Development Pilot Program. It's just really housekeeping,
both in the title and the body of the resolution.
Mr. Plummer: And these will be monies for who?
Mr. Odio: This is the other program that was instituted like we did in Model
City.
Mr. Castaneda: Right.
Mr. Plummer: Is this money been allocated or to be allocated?
Mr. Castaneda: It is allocated
Mr. Odio: It's allocated.
Mr. Dawkins: Has been allocated.
Mr. Plummer: It is allocated, OK.
Mr. Dawkins: One question. This says, appointing Frank Castaneda and Pablo
Perez Cisneros to serve as loan committee members. Does this say as only the
loan committee or is this saying that they will be committee members with
others?
90 July 14, 1988
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•
Mr. Plummer: No...
Mrs. Kennedy: They are the loan committee.
Mr. Plummer: ... they are the loan committee. We want the two nastiest and
dirtiest guys we know to be the loan committee.
Mr. Dawkins: You know, I have no problems with it but you're going to get
some flak from the community. There's not a white on there and there's not a
black, OK? Now, you can leave it like this or whatever.
Mr. Fernandez: You've already - I'm sorry.
Mayor Suarez: That was suggested at the last Commission Meeting by somebody
on this Commission, I forget who it was.
Mr. Plummer: What? To make it as a loan committee?
Mayor Suarez: Those two, yes.
Mr. Plummer: Yes.
Mr. Dawkins: No, no, it can stay like it is. I don't have no prob... but I
just want you to understand that the people applying for these loans...
Mayor Suarez: Who was it that suggested this, does anybody remember? Who
wants to take the blame for this one?
Mr. Dawkins: Me.
Mayor Suarez: OK. Do you want to add somebody else? You got any other
ideas?
Mr. Dawkins: No, they got it set up. I just want to put it on record, that's
all I've got. I couldn't care less.
Mayor Suarez: OK.
Mr. Plummer: Well, I can think of another one that fits in that category.
Why don't we put Herb Bailey on there?
Mayor Suarez: That's what I was thinking.
Mrs. Kennedy: I have no problems.
Mr. Dawkins: They don't like Herb Bailey in that community but OK.
Mr. Plummer: That's why we want to put him there.
Mayor Suarez: Did you want to address this, do you have a suggestion? Do you
want to be on the committee?
Ms. Sara Williams: No, I want to borrow the money.
Mayor Suarez: That's an automatic conflict then.
Ms. Williams: My name is Sara Williams and I've been here many, many times
about this same thing. Can I suggest somebody...
Mayor Suarez: Sure.
Ms. Williams: ... that I will feel comfortable with? I would suggest
Adrienne Macbeth because I think she's very fair. I think she will be, you
know, someone that I would recommend, that I'm comfortable with.
Mayor Suarez (OFF MIKE): What do you say?
Mr. Dawkins (OFF MIKE): I'm comfortable with Herb Bailey.
Mayor Suarez: OK, he wants Herb Bailey.
91 July 14, 1988
Mr. Plummer:
Ms. Williams:
Herb Bailey
Both of...
Mayor Suarez: Herb Bailey all around.
Bailey as part of that loan committee.
OK, we include in that item Herb
Mrs. Kennedy: And this will be for all areas in the City except Model City
and downtown, OK.
Mr. Castaneda: And downtown. Correct.
Mr. Plummer: But nothing outside of the City.
Mayor Suarez: Thank you, in any event, for your suggestion.
Mr. Plummer: Nothing outside of the City.
Mr. Castaneda: It will only be in the City of Miami target areas excluding
the downtown and the Model City target areas.
Mr. Plummer: But nothing outside of the City limits.
Mr. Castaneda: That is correct.
Mr. Plummer: Thank you.
Mr. De Yurre: Frank, when is Flagami going to become a target area?
Mr. Castaneda: That you really have to discuss with the planning department.
Mr. De Yurre: You know, in three years it's reelection time for me and, you
know, the way things go here, I might be into my second term before this thing
gets resolved.
Mr. Plummer: I don't know why you're worried about that, we've won it before
without it. Do you want - no, no, no all kidding aside...
Mr. De Yurre: No, I think that Flagami is just...
Mr. Plummer: I don't think the people of Flagami want to be declared as a
blighted area, that's something to think about.
Mr. De Yurre: Well, the commercial area I don't think is pretty much any
different from some of the other target areas on 8th Street.
Mr. Plummer: But to be a CBO you've got to be declared a blighted area, OK?
And I would seriously question - we can have it at a public hearing, of
course...
Mr. De Yurre: Well, then maybe we can do that then.
Mr. Plummer: That the people of Flagami would want to have their area, the
pride that they have of Flagami, declared a blighted area.
Mr. De Yurre: Well, it 8th Street and 17th Avenue a blighted area?
Mr. Plummer: Yes.
Mr. De Yurre: Is it?
Mayor Suarez: Well, it's not blighted, I don't know where you get it -
blighted, the only place I know where blighted is used is for tax increment
districts, I...
Mr. Dawkins: It really doesn't...
Mayor Suarez: ... an area affected by poverty and so on under the guidelines.
Flagami's a
Mr. Dawkins: It really doesn't matter what a blighted area is. This City
went to the state of Florida and had the DuPont Plaza area declared a blighted
92 July 14, 1988
area when they wanted to put everything - the Hyatt Hotel and the others, so
that's a blighted area.
Mr. De Yurre: Well, whatever it takes, you know, I want you to move on it. I
think I've asked for it about three or four times already, you know, I get
disturbed.
Mayor Suarez (OFF MIKE): But, yes, that's a standard in law.
Mr. Castaneda: The question is whether it's an eligible area or not...
Mr. Sergio Rodriguez: The problem that we have had in trying to make it an
eligible area is that the income of the people in the area doesn't qualify.
The only way to do this might be to associate it with another area and there
is no area immediately adjacent to it that will make it qualify.
Mr. De Yurre: Yes, but isn't the purpose of this program to aid the
businesses in these areas?
Mr. Plummer: Not directly.
Mr. Rodriguez: It's not the businesses, it's the residents of the area too.
Mr. De Yurre: But who borrows the money? Do you ask, you know...
Mr. Rodriguez: The residents do.
Mr. De Yurre: ... is it where you live or where your business is at that
qualifies you?
Mr. Rodriguez: If you look at the bulk of the money goes all to the
residential areas mostly because it helps for loans for housing and also for
improvement of some of the commercial areas but the amount of money for
commercial areas is relatively small compared to the rest of the area.
(BUZZING NOISE)
Mr. De Yurre: The great Miami chain saw massacre.
Mr. Plummer: Cesar, now they're trying to get your car instead of just your
phone.
Mayor Suarez: Maybe they're coming to take him away.
Mr. De Yurre: How about - is there anything that you can take the commercial
area apart from the residential?
Mr. Rodriguez: We could look that by itself. I believe the amount - the
reason the commercial areas in some of the other communities are included is
because of the residential area. If you look at downtown, why downtown was
included, it's because include the areas of Southeast Overtown Park/West; it's
a larger area. The residential area is the one that will really help you
qualify.
Mr. Plummer (OFF MIKE): Brother Paul is moving to Flagami, immediately
qualifies.
Mr. De Yurre: Well, let's do this, we'll get together in two weeks and you
tell me how we can do it. OK?
Mr. Rodriguez: OK, see if we can do something.
Mr. De Yurre: Great. Thank you.
Mr. Plummer (OFF MIKE): Cesar, move Brother Paul to Flagami, immediately
qualify.
93 July 14, 1988
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33. ACCEPT GRANT FOR THE ORGANIZATION OF AMERICAN STATES FOR INTERNATIONAL
ARTIST SERIES, PANAMERICAN HALL CONCERT SERIES
Mayor Suarez: Item 41, Commissioner Dawkins.
Mr. Dawkins: Mr. Manager, in the last paragraph, you say the City has also
requested a $25,000 grant in aid from the Florida Arts Council and a $10,000
grant from Dade County Cultural Art Council, co-sponsorship for an estimated
$5,000 is also expected from FIU, University of Miami and lunch time lively
arts. Acceptance of this OAS grant will obligate the City to an equal amount
of $15,000 cash match requirement special accounts and $10,000 from the
department of community services. We're giving $25,000. Now in the event...
Mr. Plummer: For shame!
Mr. Dawkins: ... in the event that none of these other entities come through
with their money, who's liable for the money that will be owed?
Mr. Odio: We don't accept the grant, Commissioner. I told that to the
department. If we don't get the matching funds from outside sources, I won't
accept the grant.
Mr. Dawkins: All right, what is the cut off date so that we will not look bad
by not telling individuals who are expecting us to put this on, what is the
cut off date we're going to give them to tell them we did not receive the
money?
Mr. Odio: Next week we should know.
Mr.
Dawkins:
Beg pardon?
Mr.
Odio: Next
week.
Mr.
Dawkins:
So move. I move 41, Mr. Mayor.
Mayor Suarez:
Moved.
Mrs.
Kennedy:
Second.
Mayor Suarez:
Seconded. Any discussion? Call the roll.
Mr.
Plummer:
Well, wait a minute, hold on a minute now.
Where's this
performance going
to be?
Mr.
Frank Castaneda: Last year they were at the Kubek Center
at Miami -Dade,
Wolfson Campus
and the FIU auditorium.
Mr.
Plummer:
Where's it going to be this year?
Mrs.
Kennedy:
Manuel Artime.
Mr.
Castaneda:
We're trying to put both of them in the
Manuel Artime
Community Center.
Now that...
Mr.
Plummer:
Do we have assurances that it's going to be
in the City of
Miami?
Mr.
Castaneda:
Yes.
Mr.
Plummer:
FIU is not in the City of Miami.
Mr.
Castaneda:
Well, last year we had one event...
Mr.
Dawkins:
University of Miami is not either.
Mr.
Plummer:
That's right.
Mr.
Castaneda:
No, the Kubek Center is.
94 July 14, 1988
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Mrs. Kennedy: No, no, no, he's talking about Manuel Artime.
Mr. Plummer: The what?
Mr. Castaneda: Is was in the Kubek Center.
Mr. Plummer: All right and is there to be any admission charged for this?
Mr. Castaneda: No, free.
Mr. Plummer: OK, thank you. Long as it's understood that it's in the City of
Miami.
Mr. Castaneda (OFF MIKE): Yes.
Mr. Plummer: OK. OK.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-648
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT FROM THE ORGANIZATION OF AMERICAN STATES (OAS)
GIVING THE CITY EXCLUSIVE PERFORMING RIGHTS OF THE OAS
INTERNATIONAL ARTIST SERIES AND GRANTING AN AMOUNT NOT
TO EXCEED $25,000.00 TO COVER DIRECTLY THE COSTS OF
TRAVEL PER DIEM AND PARTIAL FEES OF THE ARTISTS FROM
SAID WASHINGTON, D.C., PANAMERICAN HALL CONCERT SERIES
THAT WILL TRAVEL TO MIAMI AND PERFORM IN THE CITY OF
MIAMI-ORGANIZATION OF AMERICAN STATES INTERNATIONAL
ARTISTS SERIES; FURTHER ALLOCATING AN AMOUNT OF
$15,000.00 IN IN -KIND SERVICES, FROM THE DEPARTMENT OF
COMMUNITY DEVELOPMENT BUDGETED FUNDS AS THE CITY'S
MATCH PORTION AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO THE NECESSARY AGREEMENTS TO ACCEPT AND
IMPLEMENT SAID GRANT, SUBJECT TO APPLICABLE CITY CODE
PROVISIONS.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
34. AUTHORIZE AMENDMENT TO PERMIT ISSUED TO UNITED STATES YACHT RACING UNION
FOR OPERATION OF "OLYMPIC SAILING AND TRAINING CENTER" AT KENNEDY PARK.
Mayor Suarez: Clarification, 42. What's the clarification or modification?
Mr. Fernandez: Yes, we're asking that item 42 be deferred until the next
Commission meeting, that is July the 21st. Our office is taking a very close
look at the unified development project process that's being applied to this
parcel of land and the revocable permit associated with it. We just need a
little bit more time to really take a very careful look at this to make sure
that we're proceeding in the right course.
95 July 14, 1988
Mr. Plummer: Well, how come you haven't done it prior to today? You know,
the City has an investment there of $125,000; that's City dollars.
Mayor Suarez: You're studying what UDP?
Mr. Plummer: The unified, that's how that was built, with a revocable permit.
Mayor Suarez: Well, but extending it another year is not going to change
anything.
Bob Clark, Esq.: Mr. Commissioner, the original revocable permit was for a
fixed time, I think it expired in 187. We haven't examined the
correspondence, we haven't gotten into the impact of the RFP. There's a
question as to whether or not this unified development project will even be
applicable to the development of this as a center simply because it's so well
defined. Normally, the UDP says that the City has land, we ask developers to
give us their best input as to how to develop it. It's...
Mayor Suarez: Well, how does - Bob, how does extending it for a year affect
in any way what we might do unless we wanted to go out for bids before the end
of the year, which I don't think by any stretch of the imagination this
Commission is ready to do.
Mr. Plummer: All right, let me do it this way, Mr. Mayor, if I may.
Mayor Suarez: Do you want to extend it for sufficient time for the...
Mr. Plummer: No, let me do it this way, let me approve the item subject to
the City Attorney's approval.
Mr. Clark (OFF MIKE): That's good.
Mr. Fernandez: All right.
Mr. Plummer: OK? But, hey, just remember, guys, we, the City have got an
investment in that place of $125,000 plus the land and, my God, the amount of
tremendously good publicity that we have received out of that training center
this year alone has been fantastic.
Mr. Dawkins (OFF MIKE): Ahhhh, ohhhh.
Mayor Suarez (OFF AND ON MIKE): Shouldn't have said that. I do have to
admit, despite whatever I hear here from my right, that they have a tendency
to send more letters and commendations of the City's efforts whenever they
have an event over there than any other group. They're very effective at
that.
Mr. Plummer: Too bad that others aren't that smart.
Mayor Suarez: You make that into the form of a motion?
Mr. Plummer: Yes, sir, I make it in the form of a motion subject to the City
Attorney's approval.
Mayor Suarez: Proviso is understood and we have a second?
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Second. Call the roll.
96 July 14, 1988
0 0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-649
A RESOLUTION AUTHORIZING THE EXTENDED AND CONTINUED
USE OF AN AREA OF DAVID T. KENNEDY PARK FOR THE PERIOD
OF ONE YEAR BY THE UNITED STATES YACHT RACING UNION
FOR ITS OPERATION OF AN OLYMPIC SAILING AND TRAINING
CENTER THROUGH THE ISSUANCE OF A REVOCABLE PERMIT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, SAID ONE-YEAR
PERIOD TO COMMENCE FROM THE DATE SAID PERMIT IS
ISSUED.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
35. AUTHORIZE REQUEST FOR BIDS FROM PRIVATE CONTRACTORS FOR CONSTRUCTION OF
RESIDENTIAL UNITS ON TWO CITY -OWNED PARCELS IN WYNWOOD.
Mayor Suarez: And we need a clarification on fifty?
Mr. Jorge Fernandez: Yes. The clarification is that we have added language
in the title of the resolution to reflect the fact that the contract will be
awarded on the basis of a minority set aside and that the performance bond is
also waived as it was reflected in the body of the resolution but it didn't
contain that in the title so we want again to make sure that the title says it
all.
Mayor Suarez: OK, with that understanding.
Mrs. Kennedy (OFF MIKE): Move it.
Mayor Suarez: What did you do last night that you lost your voice? After the
concert - you were singing with...
Mrs. Kennedy: I saw him at the concert, I saw him at the concert.
Mayor Suarez: ... with Julio, OK. We got a motion, do we have a second? Any
further discussion? Call the roll.
Mr. Plummer: Second.
97 July 14, 1988
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-650
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST
BIDS FROM PRIVATE CONTRACTORS FOR THE CONSTRUCTION OF
TWO (2) SINGLE FAMILY OWNER -OCCUPIED RESIDENTIAL UNITS
ON TWO CITY -OWNED PARCELS LOCATED AT 49 NORTHWEST 35TH
STREET IN THE WYNWOOD COMMUNITY DEVELOPMENT TARGET
AREA; FURTHER ALLOCATING FUNDS IN THE AMOUNT OF
$90,000 FROM CAPITAL IMPROVEMENT PROJECT NO. 321034
"SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT
PROGRAM" TO FUND THE COST OF CONSTRUCTING THE ABOVE
MENTIONED HOUSING UNITS.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
36. APPROVE AND ESTABLISH $510,000 AS REIMBURSEMENT TO CITY FOR PUBLICLY -
OWNED CIVIC CENTER SITE BY "CODEC, INC." IN CONNECTION WITH AFFORDABLE
HOUSING.
Mayor Suarez: Item 53 then.
Mr. Jorge Fernandez: Yes, again in 53 is just a minor amendment. We're
adding to that the schedule for repavement of the City's site acquisition cost
for the civic center site housing project. And this was previously approved
by motion 88-182. Now, the reason we're doing that is because the schedule
was not included in the material that was distributed in the agenda pocket.
Copies of the motion and schedule are also attached as we passed it on to you.
Mayor Suarez: OK. I'll entertain a motion on 53. Moved.
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Seconded. Any discussion? Call the roll on 53.
98
July 14, 1988
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-651
A RESOLUTION OF THE CITY COMMISSION APPROVING AND
ESTABLISHING FIVE HUNDRED TEN THOUSAND COLLARS
($510,000) AS REIMBURSEMENT TO THE CITY OF MIAMI FOR
THE PUBLICLY -OWNED CIVIC CENTER SITE BY CODEC, INC., A
NOT -FOR -PROFIT COMMUNITY DEVELOPMENT CORPORATION, IN
CONNECTION WITH THE LOW DENSITY AFFORDABLE SALES
HOUSING DEVELOPMENT PLANNED FOR CONSTRUCTION ON THE
SUBJECT PROPERTY; RATIFYING AND CONFIRMING THE CITY
COMMISSION'S PREVIOUSLY APPROVED REAL PROPERTY
REIMBURSEMENT SCHEDULE.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
37. CLOSE STREETS FOR "SPORTS AID 88 RUNNING SERIES"
Mayor Suarez: Item 60, last item on the consent agenda.
Mr. Jorge Fernandez: Yes, this was also - I don't know if someone else pulled
it but I just want to call the City's attention...
Mrs. Kennedy (OFF MIKE): Yes, there's a change in...
Mr. Fernandez: Yes, there is a change, right, and that's what we did to
correct it. A last minute change in the local sponsor of this September 11,
188 event necessitated modification of the resolution as it was distributed
originally to you. Attached is a substitute resolution reflecting that the
Miami Runners Club is a new sponsor for the Sports Aid '88 Race to be run in
Coconut Grove instead of downtown Miami. So those are substantial changes
that we're...
Mr. Plummer: All right, let me - Mr. Mayor, I don't know if your office is
starting to getting calls like mine but I want to tell you something. I think
there's some legitimacy that this Commission needs to address. Why all of the
festivals in Coconut Grove? Now, you know, the people who live in Coconut
Grove are not the merchants, some of them are, but they're getting a little
tired of every festival going down in Peacock Park tearing up the park. Their
streets are the ones that are blocked. Their inconvenience is suffered by
them. I think that this Commission, and this is just my thoughts and I'm not
locked into it, but I think that there ought to be allowed a festival per
month in Coconut Grove, OK?
Mayor Suarez: How about this if we took...
Mr. Plummer: You've got the Bed Race, you've got the...
Mayor Suarez: And instead of trying not to fix an amount, to say that any new
festival that requires closure of any streets, henceforth would first have to
be approved by either an existing association and then recommended to the
Commission or go through some screening process before it reaches us.
99 July 14, 1988
Mr. Plummer: Mr. Mayor, the problem is right now, OK, that I think you have
almost 30 festivals in the Grove now.
Mayor Suarez: That's why I don't want it at this particular point, take a
vote on having any particular number per month because I don't even know how
many and which they are, but I'm saying that at least no new ones should be
implemented before we have a report on what the impact is on the area and some
recommendation from some citizens committee I would think.
Mr. Plummer: I would ask, please, that the administration study and come back
and make a recommendation to us, you know, because you've got food in the...
Mayor Suarez: If it's 30, that's more than most communities can absorb in any
one year, that...
Mr. Plummer: Hey, that's like two a month, you know, and these are some of
these festivals have absolutely no relation to Coconut Grove, none.
Mayor Suarez: And work with the Civic Association so that we get some
recommendations back as to which are the ones that make most sense and which
are the ones that are most impacted on the area in a negative way.
Mr. Plummer: Well, I think you need to spread around the wealth is what you
need to do.
Mayor Suarez: Yes.
Mr. Plummer: You know, because we're waiving a great number of these things
and Peacock Park, after some of these festivals, is looking like a combat zone
and I just don't think that it's fair that one particular locale be saddled at
all times with all festivals. It's just not fair to them. So I think that we
definitely have got to give some consideration and that's why I'd ask the
administration to come back. (OFF MIKE) Let me look at forty.
Mayor Suarez: OK, do we have a motion on 60?
Mr. Plummer: I'll move it.
Mayor Suarez: Move 60, do we have a second? Somebody? Seconded. Any
discussion? Call the rol.L on 60.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-652
A RESOLUTION APPROVING THE USE OF STREETS AND
THOROUGHFARES IN COCONUT GROVE DURING THE 5-K RACE TO BE
CONDUCTED BY THE MIAMI RUNNERS CLUB ON SEPTEMBER 11, 1988
IN CONNECTION WITH SPORTS AID '88, SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY
WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY; FURTHER
CONDITIONED UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS
OF CITY SERVICES IN ADVANCE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
100 July 14, 1988
(NOTE: Although absent at the time of roll call, Vice Mayor Kennedy requested
of the Clerk to be shown voting with the motion.)
Mr. Odio: Can I get clarification, Mr. Mayor?
Mayor Suarez: Yes, Mr. Manager.
Mr. Odio: Only closing the streets, allow for.... all City expenses must be
paid by them and provide insurance to the City.
Mr. Plummer: In advance.
Mr. Odio: In advance. OK, I want that. Could that be part of the
resolution?
Mr. Plummer: Yes, sir, that is definitely part of my - you know, Miami
Runners International are a super great bunch of people, but remember what
happened last year.
Mr. Odio (OFF MIKE): Yes, that's why....
Mr. Plummer: It cost a lot of money.
Mr. Odio (OFF MIKE): You're adding that to your resolution?
Mr. Plummer: Yes, I added that to my resolution that all other City expenses
have to be paid in advance of the event.
38. A. RECONSIDER PRIOR VOTE CONCERNING PURCHASE OR EMINENT DOMAIN ON
PROPERTY GENERALLY LOCATED BETWEEN N.W. i AVENUE AND N.W. 2 AVENUE AT
N.W. 34 TERRACE.
B. AUTHORIZE ACQUISITION BY PURCHASE OR EMINENT DOMAIN ON PROPERTY
GENERALLY LOCATED BETWEEN N.W. 1 AVENUE AND N.W. 2 AVENUE AT N.W. 34
TERRACE FOR DEVELOPING A PUBLIC PARK (SEE LABEL 4).
------------------------------------------------------------------------------
Mr. Jorge Fernandez: Item 55, Mr. Mayor, if you...
Mayor Suarez: What do we do with that? We had set that aside or...
Mr. Fernandez: No, no...
Mr. Plummer: No.
Mr. Fernandez: ... we just want you - the changes that we are proposing are
not in substance. These are just changes to make sure that...
Mayor Suarez: Oh, I didn't see that on your list of the ones that had...
Mr. Fernandez: No, it isn't, this has come to our attention since we've
reviewed this late last night also.
Mayor Suarez: OK, but we've - what I'm trying to say is, we have, otherwise,
voted on it. Have we not voted on 55 already? I just want to make sure we
don't need a motion to reconsider.
Mr. Fernandez: Perhaps I would ask you to...
Ms. Hirai: He's going to discuss it we would have to, because it's been
passed.
Mayor Suarez: OK, if we're going to have to take another substantive vote on
it, let's move to reconsider, please.
Mr. Plummer: Which one?
Mayor Suarez: Fifty-five, they have some clarifications to make on the actual
resolution different from the package. Moved and seconded. Call the roll.
101 July 14, 1988
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-653
A MOTION TO RECONSIDER PREVIOUS VOTE ON AGENDA ITEM 55
(WHICH HAD PASSED AS PART OF THE CONSENT AGENDA,
'PURCHASE OR EMINENT DOMAIN ON PROPERTY GENERALLY
LOCATED BETWEEN N.W. 1 AVENUE AND N.W. 2 AVENUE AT
N.W. 34 TERRACE').
(NOTE: This item was immediately passed in modified
form as R-88-654.)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Item 55.
Mr. Fernandez: Yes, what we're bringing to your attention is the fact that
this is a resolution making findings and authorizing and directing the
acquisition of fee simple title to real property. Now, in order for the
administration to have leeway to do what they need to do, it's important for
this Commission to make sufficient findings so that if the condemnation
proceeding is required, all of that is on the record today and so the new
resolution that we have prepared contemplates all of those findings.
Mayor Suarez: OK, is that sufficient legally now? Do we need to add anything
into the record? OK?
Mr. Fernandez: Yes.
Mr. De Yurre: What is the appraisal amounts total compared to the purchase
price?
Mr. Fernandez: Parks department would have the answer to that.
Mr. De Yurre: Where is parks department?
Ms. Susan McKay: I'm Susan McKay, the park planning coordinator. We received
it at an earlier Commission meeting back in January, the Commission authorized
us to have one appraisal on each of the properties done. That has been
completed and the total amount of that appraisal is $785,500 for all twelve
properties.
Mr. De Yurre: And we're allocating how much?
Ms. McKay: There...
Mr. De Yurre: How much are we allocating now for this?
Ms. McKay: The budget that has been tossed around among City staff is between
seven fifty and $800,000. There is currently 1.8 million appropriated in the
project but that's for acquisition and development.
Mr. De Yurre: OK, so what you're telling me is that what we're going to pay
for these lots is approximately...
Ms. McKay: $800,000.
Mr. De Yurre: $800,000. No more than $800,000.
102 July 14, 1988
Ms. McKay: I don't know, it depends on what price is negotiated and if we go
into any kind of condemnation or eminent domain then attorney's fees.
Mr. De Yurre: OK. OK, well, what I'd like to do then is, since we're talking
about a global issue here and some may go higher and some may go lower, which
I doubt any going lower. What I would like to see done is that if there's any
amount that exceeds 5 percent of the stated appraised values here, that it be
brought back to the Commission.
Ms. McKay: OK, if I understand the whole process correctly, I believe that a
second appraisal may have to be done anyway that I understand it's standard
practice for us to get two appraisals before we acquire any property. That's
what I've been told by the law department.
Mr. De Yurre: Well, if...
Ms. McKay: But, certainly, we can still write that in that anything over 5
percent...
Mr. De Yurre: Defer it?
Mr. Plummer: It should be deferred until such time as they get the second
appraisal.
Mr. De Yurre: OK, well then let's wait, we'll defer it till we get the second
appraisal.
Mr. Plummer: Second the motion.
Mayor Suarez: Moved...
Mr. De Yurre: You say you got to get a second appraisal now on these?
Mr. Fernandez: It would be more complete, you know, in terms of having all
the information that we need in order - first, I think that the course would
be to negotiate, to try to buy it without doing condemnation. If we
eventually have to go to condemnation, we would need...
Mayor Suarez: How many appraisals do you need for that?
Mr. Fernandez: At least two.
Mayor Suarez: Is that based on - on what, the code, or based on what, state
law or what? Why do you need two appraisals?
Mr. Fernandez: Well, law would require only one as a matter of, you know,
having policy.
Mr. Plummer: OK, wait a minute, it's my fault. I suggested and was adopted
to follow the state policy of two appraisals, divide them with the average no
more than 10 percent over. That's where that - and that was adopted as the
same policy here. What are we paying for appraisals on the first?
Mayor Suarez: That's the thing that worries me. I mean, I don't know if in
this particular case it's worth having two appraisals before you even begin
negotiating to acquire it.....
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: That's fine, that's a good price.
Mr. De Yurre: How much?
Mrs. Kennedy: Put in on the record, how much?
Ms. McKay: I'm sorry, we paid $3000 for all twelve proposals.
Mr. Plummer: $3,000 for all twelve appraisal.
Mrs. Kennedy (OFF MIKE): That's all right.
Mr. Plummer: That's very reasonable.
103 July 14, 1988
Mr. be Yurre: $250 a piece.
Ms. McKay: Or, I'm sorry, all twelve appraisals.
Mr. Plummer: It's very reasonable.
Mayor Suarez: You want to just approve it subject to getting another
appraisal?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I mean, these matters keep coming back to us we're going to...
Mr. Plummer: Excuse me? Well, I understand that - you know, Mr. Mayor, my
problem is, is what you're doing here is giving the Manager the authorization
to proceed after negotiation without coming back to us.
Mayor Suarez: Well, give him the parameters you want and if he can't meet
those, then he has to come back to us, but otherwise...
Mr. Plummer: Well, I can accept Commissioner De Yurre's that said, no more
than 5 percent above the appraisal. I can accept that.
Mayor Suarez: Right, or no more than 5 percent over the - half way between
the two or how ever you want.
Mr. Fernandez. We could always bring the contracts back for your ultimate
approval once we have contracts ready to go.
Mr. Plummer: Well, I like Commissioner De Yurre's idea of no more than 5
percent above the appraisal.
Mayor Suarez: Above which one now, if you have two, or do you want...
Mr. Plummer: We only have one.
Mayor Suarez: Do you want to just go with the one?
Mr. Plummer: That's fine with me.
Mrs. Kennedy: Of the one for a second one.
Mr. De Yurre: OR.
Mayor Suarez: OR.
Mrs. Kennedy: No problem.
Mayor Suarez: With that proviso. Can you build that into the resolution?
Mr. Fernandez: Yes.
Mayor Suarez: We'll take a motion on that, 55. Somebody.
Mr. De Yurre: Moved.
Mr. Plummer: Yes, I'll second.
Mayor Suarez: Moved and seconded. Call the roll.
104 July 14, 1988
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-654
A RESOLUTION, MAKING FINDINGS; AUTHORIZING AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO REAL
PROPERTY LOCATED, GENERALLY, BETWEEN NORTHWEST 1ST
AVENUE AND NORTHWEST 2ND AVENUE AT NORTHWEST 34TH
TERRACE IN THE CITY OF MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FOR THE PURPOSES OF
ENLARGING A PUBLIC PARK; UTILIZING FUNDS ALLOCATED
THEREFORE IN THE CAPITAL IMPROVEMENT PROGRAM, CLEMENTE
PARK RENOVATION PROJECT NO. 331056; AND AUTHORIZING
AND DIRECTING THE CITY ATTORNEY TO TAKE ALL NECESSARY
STEPS TO ACQUIRE SAID PROPERTY BY CONDEMNATION AND/OR
NEGOTIATED PURCHASE; AND AUTHORIZING USE OF ONE
APPRAISAL, BUT REQUIRING CITY COMMISSION APPROVAL OF
ANY PROPOSED CONTRACT EXCEEDING 5 PERCENT OF APPRAISED
VALUE.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
39. DISCUSSION AND TEMPORARY DEFERRAL OF CONSIDERATION OF RECOGNITION OF
IGLESIA CATOLICA ANGLICANA SANTA BARBARA AS TAX EXEMPT (SEE LABEL 42)
Mr. Plummer: Wait a minute, Mr. Mayor...
Mayor Suarez: Yes.
Mr. Plummer: ... I had pulled item 40. I am not familiar with this church
and there's no address in here that I could find to know where it is. I mean,
I've never heard of the Iglesia Catolica Anglicana Santa Barbara Church and,
can anybody tell me where it is? I mean, is this Jim Bakker in disguise?
Mrs. Kennedy: What are the reimbursements for?
Mr. Plummer: I'm sorry, I don't know anything about it. Is it an organized
church, is it recognized?
Mr. Odio: It is recognized and are due tax exempt status and we did not
recognize that when we billed them and...
Mr. Plummer: Where is the church?
Mr. Odio: I'll have to get you the address.
Mr. Plummer: I sure would like to know.
Mrs. Kennedy: And it better be other than heaven.
Mr. Plummer: If I find it on N.E. First Avenue and 7th Street, I want to tell
you...
105 July 14, 1988
Mr. Odio (OFF MIKE): OK, we'll get the address.
Mr. Dawkins (OFF MIKE): What are we doing with it?
Mr. Plummer: We're waiting till we find - somebody tells me where the church
is located.
Mr. Dawkins (OFF MIKE): Well, continue it until you get that.
Mr. Odio: Can we come back to that?
Mayor Suarez: Yes, tabled.
40. ALLOCATE $35,000 FROM LAW ENFORCEMENT TRUST FUND FOR IMPLEMENTATION OF
THE CAREER CRIMINAL PROGRAM BY THE POLICE DEPARTMENT (SEE LABELS 6 AND
8).
Mayor Suarez: What's the story on items 5, 6 and 12, I just got this note?
Mr. Odio: We're ready.
Lt. Joseph Longueira: We're ready on all of those, Commission...
Mayor Suarez: You're ready? Who had asked for clarification?
Mr. Odio: Commissioner Dawkins.
Mr. Plummer: Dawkins on eight and nine.
Mr. Odio: Five and six.
Mr. Plummer: Oh, five and six, I'm sorry.
Mr. Dawkins (OFF MIKE): Five and six?
Lt. Longueira: Five is - you have the budget breakdown for $35,000.
Mayor Suarez: Do you want to do it publicly or do you want to do it - or have
you done it privately with the Commissioner already?
Mr. Dawkins: OK, go ahead.
Mayor Suarez: What's the breakdown, Lieutenant?
Lt. Longueira: I passed the copy out, I'll...
Mr. Dawkins: OK, it's amazing - let me find my - I threw the printout away -
but on the backup, you had transportation, you don't have none on this.
Mr. Plummer: Yes, they do, four rental vehicles at $22,000. It's right here.
Mr. Dawkins: Where is it?
Mr. Plummer: The top item. Why do you need a mobile phone? Why can't you
use City equipment? I mean is this the one to replace the Manager's stolen
one or... you and I are even.
Lt. Longueira: Sir, in some situations, they're able to use a phone in
undercover activities and not use City radios, OK?
Mr. Plummer: For $2,000?
Lt. Longueira: Well, apparently, that's what it's going to cost for that
phone.
Mr. Plummer: They have complete switching capabilities in the computers right
now on the mobile phone.
106 July 14, 1988
Lt. Longueira: Sir, this is a total undercover type operation. At times,
it's better for them to have a mobile phone and not have a police radio in
their hand.
Mr. Dawkins: Go to AT&T.
Mr. Plummer: Tell me how long this program runs.
Mr. Dawkins: One year.
Lt. Longueira: As far as I know, this is funding for one year.
Mr. Plummer: OK and how many police officers are involved in it?
Lt. Longueira: Five and a sergeant, I believe.
Mr. Plummer: They are dedicated to this program?
Lt. Longueira: Yes, sir.
Mr. Plummer: OK. So what you're talking about, so we understand fully -
you're talking about a program that is not $35,000, you're talking about a
program that's $335,000. This is just equipment.
Lt. Longueira: If you want to include their salaries, yes.
Mr. Plummer: Yes, their salaries are $300,000 a year for six officers.
Lt. Longueira: Right, but that doesn't come in out of law enforcement trust
fund.
Mr. Plummer: But let's just understand that this little program - little
program is $335,000 minimum.
Lt. Longueira: Commissioners, what this type of program can do instead of
occasionally haphazardly catching a career criminal, what you do is you target
certain criminals and you follow their activities and you build a strong case
so that when you go to court, you don't accidentally make an arrest, you build
a case against these people and prove that they're career type criminals and
go for a harder sentencing. That's the whole idea behind this type of
program.
Mr. Plummer Well, OK, you know, I keep telling you, that the day is going to
come, sir, when this police department is going to have to go back to basics.
We can't be out here giving tickets to people who are catching yellowtails
that are only 5 inches long when they're breaking into my house and your
house.
Lt. Longueira: I agree. That's been addressed, sir.
Mr. Plummer: OK? And we've got these now, we have become a department of
specialties and we'd better get back to basics and start catching the thieves.
Mr. Dawkins: One question.
Lt. Longueira: Yes, sir.
Mr. Dawkins: In 21, you are renting 80 vehicles for $415,520.
Lt. Longueira: Right.
Mr. Dawkins: Now you come with J.L.'s little program...
Mr. Plummer: Huh?
Mr. Dawkins: ... and you're going to rent $22,000 more worth of vehicles for
the year...
Lt. Longueira: No, sir...
Mr. Dawkins: ... which gives you $435,420 worth of rental vehicles.
107 July 14, 1988
Lt. Longueira: No, sir, this $22,000 gives us the money to spend on the
vehicles which is included in the item 21, OK. Item 21 is the contract, this
is just allocating the funds from the law enforcement trust fund.
Mr. Dawkins: OK. Where is it that you explain in my backup material that the
$415,520 is not coming from the general fund, that only X dollars of it is
coming from the general fund and $22,000 of it will be coming from the law
enforcement fund? Where is it in the backup you explain that to me?
Mr. Plummer: And I've asked that this matter be deferred until I get a
breakdown...
Lt. Longueira: Right.
Mr. Plummer: ... and a justification of the need of 30 more cars when we have
100 police cars sitting in the yard not being used.
Lt. Longueira: I agree and I'm not addressing that item at this time.
Mr. Dawkins: They're marked, you can't use a marked car for...
Mr. Plummer: No, I understand that, but we got cars running out of our ears
now that every time I drive by the police station there's at least a hundred
in the yard.
Lt. Longueira: That's marked units, yes, sir.
Mr. Plummer: Yes. Unfortunately, the men are out in the bay catching
yellowtails rather than in the cars.
Mr. Dawkins: OK, somebody provide me with the breakdown on the $415,520...
Lt. Longueira: That's coming, sir.
Mr. Dawkins: ... and the 80 vehicles that you're going to rent - and it's
three projects here, I haven't gotten to the other ones. It's three projects
that you're renting vehicles for. You got three items on this agenda where
it's automobile rentals. Now, I'll find the other one as we go through here.
Lt. Longueira: I've got two.
Mr. Dawkins: All right, this is two, it's the third one.
Lt. Longueira: Oh, the third one is the crack grant.
Mr. Dawkins: The crack...
Lt. Longueira: Yes.
Mr. Dawkins: All right, all right, the crack train - what item is that?
Lt. Longueira: That's coming up. That's item 61.
Mr. Dawkins: All right, 61, let's go to 61 for discussion.
Lt. Longueira: Right.
Mr. Dawkins: All right and 61 we got a $350,000 grant and we're going to rent
more vehicles with that.
Lt. Longueira: What we're doing, Commissioner, is eventually that grant will
pick up the cost of the vehicles...
Mr. Dawkins: But you do not tell me in my print out, my backup material, what
part of this is grant money and what part comes from the general fund.
Therefore, when I vote on the policemans' budget I don't know what I'm voting
at. All I know, you've got a line item down here for automobile rental which
says, $415,520, but now you tell me that down the road you're going to back
out $22,000 and back out whatever this is and you still got a line item for
$415,520. What happens to the excess?
108 July 14, 1988
Lt. Longueira: It shows you right here on the first page of your backup the
breakdown from the budget and from the law enforcement trust fund.
Mr. Plummer: Why isn't it all coming out of the trust fund?
Lt. Longueira: Because you can't do that legally. Some items are budgeted
items and you can't take it out of the budget and then fund it out of law
enforcement trust fund. It's not legal.
Mr. Plummer: But this is an extension, this is not a new item.
Lt. Longueira: It's not legal to do that. You cannot take what should be a
budgeted item and fund it out of law enforcement trust fund. That's
considered in essence supplanting, you can't do that. It's illegal.
Mr. Plummer: We can't get a new camera for a photographer but we can sure get
it for them, $600 for a new camera.
Mr. Dawkins: Before we go any further, I just got a very disturbing message
here from my fellow Commissioner. I was out of town. Is it a fact that the
budget workshops have been cancelled?
Mr. Odio (OFF MIKE): No, sir.
Mr. Plummer: No.
Mr. Odio: Just sent you a memo yesterday requesting that you inform me what
would the Commission like to do, whether you want to have the workshops.
Mr. Dawkins: No, no, that I want to have a workshop me - personally.
Mr. Odio: Fine.
Mr. Dawkins: With every department head, me.
Mr. Odio: Fine. Then we'll have workshops scheduled for all the
Commissioners.
Mr. Plummer: As usual.
Mr. Odio: As usual.
Mr. Dawkins: No, I don't want them to have mine as usual - and then I can
come to the as usual ones. OK, thank you.
Mr. Odio: We'll schedule them for after Labor Day.
Mayor Suarez: Where are we on this item?
Lt. Longueira: Item 5. Are we anywhere?
Ms. Hirai: Mr. Mayor, we've been talking about item 5, 21 and 61 at the same
time.
Mr. Plummer: Five - well, it's Dawkins item...
Ms. Hirai: 21 and 61.
Mr. Plummer: ... he pulled five and six.
Mr. Dawkins: Well, I pulled five and six.
Ms. Hirai: Yes, sir.
Mr. Dawkins: So what...
Mr. Plummer: And I pulled 21.
Ms. Hirai: Yes.
Mr. Dawkins: And I still don't have...
109 July 14, 1988
Mr. Plummer: But, you know, the unfortunate part, they all tie together,
that's the problem.
Ms. Hirai: Yes.
Lt. Longueira: OK...
Mr. Dawkins: And I don't mind them being tied together if you had given it to
me in the backup.
Mr. Plummer: Yes, but you see, they're talking about, I think, it's some 30
more cars this year than last year and it's an extension of a contract rather
than a renewal of a contract.
Lt. Longueira: I believe it works out to about 20 more cars, Commissioner.
That'll be for the career criminal program, it'll be for the gang unit and
some additional cars for the task force unit that already exists. That's how
you get the twenty; the gang, the career criminal and some additional for task
force which is your street narcotics unit also.
Mr. Dawkins: The only problem I have though, Joe, is when I'm invited out to
the neighborhood organizations and they ask me, we rented 415,000 cars - what
did you get? I don't know what to tell them. But if you give it to me, I can
read it off and say, well, I got it from the police department and they said,
this is what you got for your $415,000.
Lt. Longueira: You mean how many cars?
Mr. Dawkins: Yes.
Lt. Longueira: OK, that number fluctuates but I'll try and give you the
number. It goes up and down. The maximum is 415, we may sometimes we turn in
cars and we don't use them and sometimes we need more cars one month and we'll
go get more. That number goes up and down, it's constantly fluctuating every
month.
Mr. Plummer: $6,000 per year per car. No equity.
Lt. Longueira: That's the price you have to pay, Commissioner, to have cars
that don't get burned that you can trade in and get another car that the
community doesn't know...
Mr. Plummer: And what about all the cars that we confiscate?
Mr. Dawkins: Like the car that....
Mr. Plummer: Where are they?
Mr. Dawkins: Yes, all the - how does Joe, the guy up there in Broward County,
how does he get to sell all his cars and we don't sell ours?
Lt. Longueira: As far as I know, we do...
Mr. Plummer: Because he's doing a hell of a job. Coconut Grove wouldn't
exist up in Broward County, Navarro would do something about it.
Lt. Longueira: We do auction cars, Commissioner and we just don't have as
large an area as he does to get, you know, if you include Dade County, they've
got a large area, they get as much as we do - they do - up in Broward. I
mean, we're just not as big as him, that's all.
Mr. Dawkins: And then if we don't make the arrests and the DEA take it, they
confiscate it instead of us, is that right?
Lt. Longueira: If it's a joint investigation, it doesn't matter who makes the
arrest, we get a percentage of the end result.
Mr. Dawkins: See, you're just like my wife, I ask you a question. Do we get
it or don't we get it? I didn't ask him about a percentage.
Lt. Longueira: We'd have to go to...
W.
'i
110 July 14, 1988
1 9
Mr. Dawkins: I ask him, do we get the whole thing and he should say no.
Lt. Longueira: No, we'd have to go to a specific case by case basis.
Sometimes we do, sometimes we don't.
Mr. Plummer: Under my understanding of the Recoh Act, if a car is
transporting cocaine, we can confiscate it.
Lt. Longueira: We do.
Mr. Plummer: And in the sting operations we are averaging 100 arrests per
sting operation.
Lt. Longueira: Yes, sir.
Mr. Plummer: Where's all the cars?
Lt. Longueira: If the cars have liens, you have to work out the ownership of
the vehicle with the lien holder. If the car cannot be proven that the owner
knew the car was used in a commission of that...
Mr. Plummer: That's not my understanding. My understanding, all it has to be
proven is that there was cocaine in the car.
Lt. Longueira: I'll defer to the law department.
Mr. Plummer: That it was being used to transport. Has nothing to do, the
owner might not even be in the car.
Mr. Dawkins: The owner might not even be in the state.
Lt. Longueira: I believe, sir, that there's got to be some...
Mr. Plummer: How in the hell does Broward County collect 2 and 3 million
dollars a year and we get peanuts?
Lt. Longueira: Sir, I don't...
Mr. Plummer: How come Navarro is cleaning his streets and I'll take you right
now down on Douglas Road and buy you all the Cocaine you want.
Lt. Longueira: Commissioner...
Mr. Plummer: Now something's wrong.
Lt. Longueira: Broward County's over probably 2,000 square miles. We're 35
square miles.
Mr. Plummer: Which means you don't have as much to look after.
Lt. Longueira: It also means that we don't have the opportunity they have.
They have two airports, they go in and...
Mr. Plummer: You don't need opportunity to see what's going on on those
streets.
Lt. Longueira: Yes, sir.
Mayor Suarez: That's the first time I hear it called an opportunity.
Mr. Plummer: Opportunity to see, OK? It's incredible. You drive down those
streets and you got three drug stores and they're not selling aspirins.
Mayor Suarez: On item 5. Moved.
Mr. Plummer: Hey, they waste more money than that any other time. I'll
second it.
Mayor Suarez: Thank you. Any further discussion? Call the roll.
July 14, 1988
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-655
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
THIRTY-FIVE THOUSAND DOLLARS ($35,000) FROM THE CITY
OF MIAMI LAW ENFORCEMENT TRUST FUND TO COVER THE
NECESSARY COSTS AND EXPENSES TO BE INSURED FOR THE
IMPLEMENTATION OF THE CAREER CRIMINAL PROGRAM, UPON
SUCH COSTS AND EXPENSES HAVING BEEN APPROVED BY THE
CHIEF OF POLICE.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Wait a minute, wait a minute, I got to vote yes on that last
item.
Mr. Plummer: I'm sorry, I'm sorry...
Mayor Suarez: And I also want the record to reflect that that sound that is
in the record was emitted by a human being who sits on this Commission, not
anything else that walked in here.
Mr. Plummer: Thank you for the compliment.
41. ALLOCATE $5,000 FROM LAW ENFORCEMENT TRUST FUND FOR IMPLEMENTATION OF
PILOT PROGRAM ENTITLED "PROJECT CITY VIEW" BY POLICE DEPARTMENT (SEE
LABEL 9).
------------------------------------------------------------------------------
Mr. Plummer: Now, Joe, tell us where these TV cameras are going for the high,
high crime area.
Mr. Plummer: Now tell us, Joe, where the police department has chosen as the
two highest crime areas for TV cameras in?
Lt. Joseph Longueira: Commissioner, this item...
Mr. Plummer: Sir, I asked a question. Can you answer it?
Lt. Longueira: Yes, Flagler Street between Miami Avenue and E. 1st Avenue,
the first phase. Second block will be on Flagler Street from E. 1st Avenue to
E. 2nd Avenue in the area of the Gusman.
Mr. Plummer: Marie Adker, do you believe that those are the two highest crime
areas in this town?
Mr. Odio: We did not say...
Ms. Anne Marie Adker (OFF MIKE): No, you just said Coconut Grove was.
t
112 July 14, 1988
Mr. Plummer: Miller Dawkins, do you believe those are the two highest crime
districts in this town?
Mr. Dawkins: No, the highest crime area in my neighborhood is our drug flea
markets on 15th and 17th Avenue on 61st Street.
Mr. Odio: Now, Commissioner...
Mr. Plummer: Can we give one in front of City Hall over the Manager's car?
Lt. Longueira: For another $25,000, possibly, sir.
Mr. Odio: We're going to put one in your house.
Mr. Plummer: I can't believe...
Mr. Odio: Let me tell you that this is not a police item. This came from the
DDA. It was agreed by the merchants of downtown...
Mayor Suarez: No, DMBA please.
Mr. Odio: ... the DMBA.
Mayor Suarez: Thank you.
Mrs. Kennedy: Who chose the location, DMBA?
Mr. Odio: It was approved by the businessmen of downtown that they want to do
this as a test and it's not a police request. It was from them to us. We
think that is a good idea. It is not the highest crime rate area of the City.
That's not the intent of this. It's to be able to open the stores at night
when they shut down at 5:00.
Mr. Dawkins: Will you explain to me in a memo form why is it that for two
years I tried to get a mobile camera mounted in a van that would go up and
down 61st Street and 60th Street from 15th Avenues to 17th Avenue...
Mr. Plummer (OFF MIKE): Oh God.
Mr. Dawkins: ... TV recording all of the purchases of drugs with license
numbers and I could never get it, but yet (TAPE 9) all of a sudden somebody
comes and they get two TV cameras on Flagler Street.
Mr. Odio: Commissioner, let me...
Mr. Dawkins: No, no, no, I want it in a memo.
Mr. Odio: I will because we did...
Mr. Dawkins: I need it in a memo.
Mr. Odio: Very well.
Mr. Dawkins (OFF MIKE): I need it for my files, that's all. See, when I'm
running for Commissioner, when I'm running for my seat in , I'm
going to say the Manager say it.
Mr. Plummer: Yes, go see the coke dealers, they're better financed.
Mayor Suarez: What's the related item, Madam City Clerk, that we have yet to
vote on? Is it 61?
Mr. Fernandez: Six.
Ms. Hirai: We did 5, we're talking about six and then we need to...
Mrs. Kennedy: Well, what do we do with six, are we...
Mayor Suarez: Moved. Do we have a second?
Mr. Plummer: Who moved it? They waste more money than that normally.
113 July 14, 1988
i
Mayor Suarez: Thank you, seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-656
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED FIFTY
THOUSAND DOLLARS ($50,000) FROM THE CITY OF MIAMI LAW
ENFORCEMENT TRUST FUND TO COVER THE INITIAL COSTS AND
EXPENSES TO BE INCURRED FOR THE IMPLEMENTATION OF A
PILOT PROGRAM ENTITLED "PROJECT CITY VIEW", UPON SUCH
COSTS AND EXPENSES HAVING BEEN APPROVED BY THE CHIEF
OF POLICE.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: If you miss the TV camera, go to J.L. house. I'll vote yes.
Mayor Suarez: I don't know what you're talking about, yes.
42. CONTINUED DISCUSSION AND DEFERRAL OF CONSIDERATION OF RECOGNITION OF
IGLESIA CATOLICA ANGLICANA SANTA BARBARA AS TAX EXEMPT (SEE LABEL 39).
Mr. Plummer: Mr. Mayor, may I go back since this item is still on the consent
agenda. I asked about the Iglesia Catolica Anglicana Santa Barbara.
Mayor Suarez: Oh, S.W. 6th Street and of Miami, yes.
Mr. Plummer: Yes, the property actually is not owned by the church. It's
owned by Philip Brown and contrary to what's on the agenda, this property has
been in derelict form since 1982 they have delinquent taxes. So this is not a
sudden thing that has come up that they failed to file. Mr. Manager, I would
ask that you go and investigate and look into this church. See if they have
regular kind of services. You go see Santa Barbara. The gringo can't
understand so you go. I'd ask that this matter be deferred until the next
meeting.
Mrs. Kennedy: Second. Any further discussion? Call the roll. (OFF MIKE)
Are you just asking for a deferral? Are you asking...
Mr. Plummer (OFF MIKE): Yes. Call the roll of who - oh.
Mrs. Kennedy: Call the roll, please.
Mayor Suarez: Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR KENNEDY, ITEM 40 WAS DEFERRED TO THE COMMISSION MEETING OF
JULY 21, 1988, BY THE FOLLOWING VOTE:
114 July 14, 1988
2
AYES:
NOES:
ABSENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
None.
None.
-------------------------
43. EMERGENCY ORDINANCE: ESTABLISH FUND "MIAMI POLICE CRACK COCAINE" AND
APPROPRIATING FUNDS FOR SAME.
Mayor Suarez: Item sixty-one.
Mrs. Kennedy: I move sixty-one.
Mr. Plummer: Oh no, oh...
Mrs. Kennedy: Do you want to hear it?
Mr. Plummer: No, no, no, I want to hear 61.
Mayor Suarez: Emergency ordinance. We have a motion.
Mr. Plummer: I see no budget in my backup of how this $350,000 is being
spent.
Mayor Suarez: Increasing the number of - do you want a breakdown or a
generic...
Mr. Plummer: Sure, I want a budget.
Mr. Odio: Withdraw it unless if you have a...
Mr. Plummer: Mr. Manager, I don't want to withdraw it...
Mr. Odio: OK.
Mr. Plummer: ... I don't want to delay it but I think this Commission in
spending it's money should know where it's going.
Mr. Odio: Yes, sir, you're right.
Mrs. Kennedy: It is in the papers that we were just handed.
Lt. Joseph Longueira: Commissioner, most of the money is spent for overtime
to conduct investigations.
Mr. Plummer: How much overtime do you already have in the regular budget?
Mr. Odio: This year they had 3 million dollars.
Mr. Plummer: This year.
Mr. Odio: They're going to spend 3 million dollars.
Mr. Plummer: And is that going to cover you till the end of September?
Mr. Odio: Yes, sir.
Mr. Plummer: So then, you're talking about how much additional overtime?
Lt. Longueira: $216,000 worth; specifically for these type of situations.
This is a non matching fund grant that we obtained. Actually, we started back
in January when we went to Washington. Commissioner Dawkins met us up there
and we got them to give us this grant. They gave us an award letter prior to
even putting in an application.
115 July 14, 1988
s �s
Mr. Plummer: Why are you buying this equipment through this but yet back on
item 5, you're buying the same equipment?
Lt. Longueira: Sir, this...
Mr. Plummer: Video cameras, special lenses, binoculars...
Lt. Longueira: Because, Commissioner, when we buy this equipment, it's
restricted to this use, we can't take it and use it in the other use. And
they're two different types of operations.
Mr. Plummer: You see, I'm just not of the thinking that because it's federal
money, throw it away.
Lt. Longueira: I agree.
Mr. Plummer: You know what I meant.
Lt. Longueira: Yes, sir.
Mr. Plummer: OK? Now, I mean, you can't - you got in here all kinds of
travel, you've got here again, look at here, Miller, twenty-six thousand more
dollars of rental car equipment with a hundred cars sitting down there.
Lt. Longueira: Sir, those are marked cars and we can't...
Mr. Plummer: Sir, unmark the cars. I'm telling you - you know, we are now
spending in these three grants here today, over a half a million dollars in
unmarked cars. And you're telling me because it's out of this grant, we can't
use it there and this we can't use there. Something is wrong. Computers, ah,
more cellular telephones!
Lt. Longueira: Yes, sir.
Mr. Plummer: Something is wrong, my friend.
Mr. Dawkins (OFF MIKE): You're not hiring more people.
Mr. Plummer: Oh, no, they're just overtime. And I have no problem with that.
But, damn... Out of the total grant, $216,000 is going for overtime.
Lt. Longueira: Yes, sir.
Mr. Plummer: But all of these, here again, are duplicate buying that we
bought in items 5 and item 6.
Lt. Longueira: Sir, but their operations can be conducted simultaneously
needing the same equipment. I mean, you just can't share that kind of
equipment.
Mr. Dawkins: I wouldn't have a problem with that, Joe, if we were adding to
our police force, OK?
Mr. Plummer: Well, we're not. They're out chasing yellowtails.
Mr. Dawkins: I wouldn't have a problem if we were adding to the police
department and getting more officers on the streets. I wouldn't have a
problem with that. But we keep overworking the same policeman paying them
1 overtime and we're just not, in my opinion, helping to increase the numbers of
policemen. I mean, that's my personal opinion. And everytime I talk about
it, I get some double talk about, if we don't get them through the academy and
what have you.
Mr. Plummer: I don't know.
Lt. Longueira: We're hiring additional policemen to fill our vacancies and
the additional positions allotted this past year at the best rate we can with
the budget we have.
i
Mr. Dawkins: No, no, see - all right now...
116 July 14, 1988
■
Mr. Plummer: No, no, no, wait, whoa, whoa, stop.
Mr. Dawkins: OK, wait a minute, wait, go ahead, go J.
Mr. Plummer: I want to remind - no, not you - the high priced help, if he'd
get off the phone. I want to remind all of you this Commission is on
record...
Lt. Longueira: Yes, sir.
Mr. Plummer: ... we funded and we fully expect 1,100 sworn officers by the
end of this fiscal year. No, no, no, don't shake your head. We funded that.
Lt. Longueira: Yes, sir.
Mr. Plummer: And we made a promise to the public.
Lt. Longueira: Yes, sir.
Mr. Plummer: Now, I don't want the answer from you, OK?
Lt. Longueira: OK.
Mr. Plummer: I want it from the high priced help. Mr. Manager, I'm going to
remind you, that we made a promise to the public, each one of us sitting up
here that we funded positions in the police department that at the close of
the fiscal year there would be 1,100 sworn officers on staff. Where are we
today?
Mr. Odio: We have a thousand forty-seven.
Lt. Longueira: Yes, sir, I believe so.
Mr. Odio: A thousand forty-seven. We have a class end of 27. We have lost
more police officers than we expected at the beginning of the year,
Commissioner.
Mr. Plummer: Maybe five.
Mr. Odio: No, not five. We have over - how many suspended during the year on
and off? Seventy?
Lt. Longueira: Quite a few, I don't think 75.
Mr. Odio: Almost seventy.
Mr. Plummer: Look...
Lt. Longueira: Plus, we have the normal attrition rate to deal with.
Mr. Odio: Plus the attrition rate.
Mr. Plummer: We made a promise to the public.
Mr. Odio: Well, I'd rather not keep that promise, Commissioner, if we're
going to bring in officers that are not qualified.
Mr. Plummer: That was not your answer at budget time.
Mr. Odio: We said we would try.
Mr. Plummer: Your an... no, no, no, no....
Mr. Odio: We said we would try, Commissioner.
Mr. Plummer: ... because Commissioner Dawkins says, how are you going to
lower the rate millage and still provide and you said, I will do it.
Mr. Odio: We will try to do it, yes, sir.
Mr. Plummer: No, you said you would do it.
1
117 July 14, 1988
Mr. Odio: I did not expect we had to suspend as many officers as we had to,
Commissioner.
Mr. Plummer: Then, do you not have to overcome that factor knowing that we've
made a promise?
Mr. Odio: You cannot bring in more officers at the... we cannot expedite the
recruiting because it would happen the same thing as happened in 1980, '81,
and ' 82.
Mr. Dawkins: You know, I get very, very annoyed...
Mr. Odio: Well, I'm glad to hear that.
Mr. Dawkins: ... to hear you, the police chief and damn near the whole police
department saying that, when we brought on all of the policemen that we
brought on, we brought on a hell of a lot of bad eggs, we lowered the
standards and therefore we ended up with an inferior police force. Hog wash!
Most of the officers you see on here now who are doing well, who have not been
in trouble, who work like hell to protect us came in during that same damn
time and nobody points to them and say that these are good officers who came
on board with the bad eggs, but they get classified as bad eggs...
Mr. Plummer: But that don't...
Mr. Dawkins: ... and I'm damn sick and tired of it!
Mr. Plummer: ... that don't sell newspapers.
Mr. Dawkins: Yes, but I'm tired of it! And I don't want to hear anybody else
in here tell me that the reason we had so many policemen fired for selling
drugs and we had so many policemen fired for using drugs is because we lowered
the standards and we brought on inferior policemen. Well, what the hell are
these out here who are still here? They came on at the same damn time and get
up off of thatl I don't want to hear it any more! No, that ain't in no form
of a motion, that's a fact.
Mayor Suarez: Item 61.
Mrs. Kennedy: I move 61.
Mayor Suarez: Emergency ordinance needs 4/5ths vote. It's been moved. Do we
have a second?
Mr. Plummer: Mr. Mayor, I'm going to second the motion. I never want to let
federal money go by the board. But damn, I must express that I think the
money could have been better spent than what is in the proposal of this
breakdown. I would love to see them take this $350,000 and go to Coconut
Grove tonight and start.
Lt. Longueira: And start crack - well, that's what this type of grant does,
it's for crack type...
Mr. Plummer: You have not had a sting operation in Coconut Grove in over four
months.
Mayor Suarez: Why don't you check, not in relation to this vote, check that
particular question for a little later on in the proceedings if you're able
because I don't think that's correct, that's why. Check, but don't...
Lt. Longueira: Sir, I know for a fact that's not true. Tad Foote went to one
down in the Grove and it wasn't four months ago and he was there and I was
there with them.
Mayor Suarez: Lieutenant, lieutenant, why don't you check and give us the
exact information on that.
Mr. Plummer: I'm talking about a full blown sting operation, OK?
Mayor Suarez: Because I think there's been some in the Grove, but...
Mrs. Kennedy: OK, if we can do it, fine, it's better.
118 July 14, 1988
Mr. Plummer: It was on Williams. It was on Williams.
Mayor Suarez: We have a motion and a second. Read the ordinance please if
there's no further discussion. Cali the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED: "MIAMI POLICE CRACK COCAINE",
APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF
$350,000 FROM THE DEPARTMENT OF JUSTICE, BUREAU OF
JUSTICE ASSISTANCE; AND RATIFYING, APPROVING AND
CONFIRMING THE ACTION OF THE CITY MANAGER IN ACCEPTING
THE $350,000 GRANT AWARD FROM THE BUREAU OF JUSTICE
ASSISTANCE; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer, 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:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Kennedy and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10451.
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.
44. BRIEF DISCUSSION CONCERNING SECOND HAND DEALER BOOKLETS FOR POLICE
DEPARTMENT (SEE LABEL 14)
Lt. Joseph Longueira: Mayor, number twelve if we could deal with that, I'll
get that out of the way.
Mayor Suarez: Yes, please, twelve, on the...
Lt. Longueira: The pawn shop item, the cards, there were some questions on
that.
Mr. Plummer: It's got to be corrected to...
Mayor Suarez: Is that resolved to the satisfaction of who was concerned about
it?
119 July 14, 1988
Mr. Plummer: That we were going to charge for the books.
Lt. Longueira: Yes, sir, under the present City ordinance, we cannot do that.
We'd have to modify the ordinance. What it says is that those forms would be
supplied by the chief of police. It doesn't...
Mr. Plummer: Well, modify it. Modify it. That's simple.
Lt. Longueira: Well, the forms basically all they're used for is they're
booklets with the forms that they fill out to record the purchase of second
hand property. OK, that's what it is, it's the forms where we record
purchases of second hand property. It's just a booklet.
Mayor Suarez: How many do they typically pick up when they come in for that,
if you know. You know why I ask that? Because if we charge for them - yes,
if we charge for them, then we'll have a form that'll go with that, the money
will go into some account and by the time we do all of that, the accounting
will cost a lot more than what we get for them.
Lt. Longueira: Commissioner, Mayor...
Mayor Suarez: Unless they come in and typically ask for hundreds of them,
which I doubt.
Lt. Longueiia: ... through this process of recording the stolen property and
then when we get the forms, we check it in the computer with the identifying
numbers, last year alone we recovered $227,000 in stolen property. That more
than pays for the forms. The forms is only $8,400.
Mayor Suarez: And I have a feeling if we try to charge for the forms, it will
cost us more to charge for the forms than the forms.
Mr. Plummer: Mayor, you can make a sheet of paper and list all of the jewelry
on a sheet of paper, that's the same damn thing. And it don't cost $8,000.
Mayor Suarez: Well, now, no, yes, the argument that you don't need the forms
at all, that's an interesting argument.
Lt. Longueira: Oh, there's specific information though that we need. We need
all the information on the seller...
Mayor Suarez: Well, but, Lieutenant, what he's saying is, you could type that
up and just copy it, so, you know...
Mr. Plummer: You could run it off on a mimeograph machine.
Mayor Suarez: Yes.
Lt. Longueira: At thousands of copies.
Mr. Plummer: How many pages long is that?
Lt. Longueira: This is one page but it's a duplicate that's automatically
copied.
Mr. Plummer: On each buy that they make in a pawn shop, they've got to fill
out one of those.
Lt. Longueira: Yes, sir.
Mr. Plummer: OK and how many people does it take to record and study this
analysis?
Lt. Longueira: All of these items are entered in a computer and a check is
run if they're...
Mr. Plummer: How many people are involved?
Lt. Longueira: I think we have one or two people that do that.
Mayor Suarez: Let me suggest that, you know, they need the forms, the other
people are doing it, this is not a major expense and we have to defer to their
judgment on something like this.
120 July 14, 1988
Mr. Plummer: Mr. Mayor, have you seen a fire report form? No, I'm trying to
make a point, OK?
Mayor Suarez: Have I seen a fire report form?
Mr. Plummer: Do you know that our fire report form is seven pages long?
Mayor Suarez: Well, I'd hoped that we could give them some indication that
they should not be seven pages long if that's what you're getting at.
Mr. Plummer: The time of day, the weather conditions, the name of every
fireman on every truck that...
Mayor Suarez: I would hope that they would begin simplifying that, if that's
what you want to say. OK.
Mr. Plummer: I agree and that's what I'm trying to do here.
Mayor Suarez: OK.
Mr. Plummer: Let me see one of them forms.
Mayor Suarez: But we have approximately...
Mr. Plummer: Go ahead.
Mayor Suarez: ... ninety other items.
Mr. Plummer: Go ahead.
Mayor Suarez: You know, if we're going to tell them what forms to use, I
would hope, Chief Duke that you have the simplest possible forms for fires. I
know that you've been very effective at taking care of my fires at my house
but I don't know what forms you've had to fill out afterwards.
Mr. Plummer: Five. Can't you do it on the back of that?
Mayor Suarez: And I haven't had any for a while, by the way, which is just as
well.
Mr. Plummer (OFF MIKE): You guys better stop wasting money.
45. A. EMERGENCY ORDINANCE: INCREASE CERTAIN FEES FOR REPRODUCTION OF
RECORDS, PLANS AND MAPS
B. EMERGENCY ORDINANCE: INCREASE FEES AND MAKING CORRECTIONS FOR
EXAMINATION OF PLANS FOR COMPLIANCE WITH THE ZONING ORDINANCE AND FOR
ZONING CERTIFICATES OF USE.
Mayor Suarez: OK, the next item's item 62 while he ponders the form.
Mr. Jorge Fernandez: Yes, Mr. Mayor, in item 62, that's also part of the memo
that we've passed out. To observe the single subject requirement of
legislation, we have broken up into two separate ordinances what the
department originally intended to do by one ordinance. So what we have done
is that we separated the provisions of section 2-74 into an ordinance and the
provisions amending section 275 and 276 into a separate ordinance because the
subject matters of those are totally different.
Mayor Suarez: OK, I see that's the reason that we have the distinguished
director of building and zoning department but do we have any concerns from
the Commission or anyone else on this item?
Mr. Plummer: Move it.
Mr. De Yurre: Second.
Mayor Suarez: Moved. Seconded. Any discussion? Read the ordinance.
121 July 14, 1988
Mrs. Kennedy: Mr. Mayor, I believe that Tucker Gibbs wanted to talk about it
and - oh, there he is.
Tucker Gibbs, Esq.: Yes, I spoke with Edith Fuentes earlier about this item.
The Civic Club and some of the other homeowners associations had some problems
with this as it relates to the public records law and the cost of xeroxing. I
spoke with Mrs. Fuentes earlier.
Ms. Edith Fuentes: Right. That's one correction we would like to make on the
record which I discussed with Mr. Clark. There is a typographical error on
item number two of section 2-74. It's supposed to remain at twenty-five cents
and that be correct.
Mr. Gibbs: Right and we'd like an indication, since the statute requires that
it be the actual cost of duplication. I spoke to Mrs. Fuentes and she's going
to provide us with that information and I just wanted to state that for the
record.
Mayor Suarez: Very good.
Ms. Fuentes: I will.
Mayor Suarez: It's going to have to comply, obviously, with the requirement
that it be the actual cost to the extent that that is something one can
calculate and we must try to calculate. Anything else on this item? I'll
entertain a motion on 62. I think you moved it, right, Madam Vice Mayor?
Mrs. Kennedy: Yes.
Mr. Plummer: I moved it, yes, that's...
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 2-74 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH
ESTABLISHES FEES FOR REPRODUCTION OF RECORDS, PLANS
AND MAPS BY INCREASING CERTAIN FEES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10452.
122 July 14, 1988
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. Dawkins: Mr. Mayor, we have representative Luis Morse some place in here.
Mayor Suarez: State representative Luis Morse?
Mr. Dawkins: If he's here, I'd like to, out of professional courtesy, I'd
like to hear him.
Mayor Suarez: OK, as soon as he's available.
Mr. Dawkins: Louie.
Mayor Suarez: If someone can track him down, we'll be happy to take his item.
Mr. Dawkins (OFF MIKE): Go right ahead, sir.
Mayor Suarez: And I know it's not for profit but it's a public interest
matter. OK, item 63, emergency ordinance.
Mr. Fernandez: No, and still on item 62 you have a second ordinance...
Mayor Suarez: Oh, you had it in two parts...
Mr. Fernandez: Yes.
Mayor Suarez: ... you have it in two parts, OK. I'll entertain a motion on
the second ordinance.
Mr. Plummer (OFF MIKE): Wait a minute.
Mr. De Yurre: Moved.
Mayor Suarez: Moved.
Mr. Dawkins (OFF MIKE): Second.
Mayor Suarez: Seconded. Read the ordinance.
Mr. Plummer (OFF MIKE): What's the second?
Mayor Suarez: He did it in two parts. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 2-75 AND 2-76
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
WHICH ESTABLISHES FEES FOR EXAMINATION OF PLANS FOR
COMPLIANCE WITH THE ZONING ORDINANCE AND FOR ZONING
CERTIFICATES OF USE AND BY INCREASING CERTAIN FEES AND
MAKING NECESSARY CORRECTIONS TO COVER THE INCREASED
OPERATIONAL COSTS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Dawkins, 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:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
123 July 14, 1988
Whereupon the Commission on motion of Commissioner be Yurre and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10453.
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.
NOTE FOR THE RECORD: The second roll call of the above emergency ordinance
was called at the end of the following item.
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46. EMERGENCY ORDINANCE: CHANGE REQUIRED NOTIFICATION FOR PUBLIC HEARINGS TO
MINIMUM REQUIREMENTS OF STATE STATUTES (SEE LABEL 50)
Mayor Suarez: Item 63.
Mr. Dawkins (OFF MIKE): Move it.
Mayor Suarez: Moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Nature for the ordinance. I mean, the reason for
the emergency.
Ms. Edith Fuentes: On item 63, Mr. Tucker Gibbs discussed with me their
concern about the mailing of notices and I told Mr. Gibbs that we are doing a
study on which we will be able to perhaps charge the developer or the person
applying for a change of zoning or a variance so we can do the mailing of
notices to the properties affected by the change of zoning. And he concurred
with this study that we're doing on that.
Tucker Gibbs, Esq.: Right and all we'd like, or the associations would like
from the board, is some kind of indication as to whether they would support
such a move to have the applicants pay for the notice because if that's not
the case then we would probably oppose this section because the key is getting
mailed notice to the people surrounding the affected property.
Mrs. Kennedy: Well, the applicant will be the interested party so it's only
fair for him to, or she, or her, to pay.
Mr. Gibbs: Exactly and we just wanted an indication from the board as to
whether or not they'd support this.
Mr. Plummer: Are the fees presently charged to a developer or an applicant?
The fee that is making this self sufficient?
Ms. Fuentes: The fee is charged to the applicant and then we also put on the
side a certain amount just in case there will be an appeal.
Mr. Plummer: So they are self liquidating?
Ms. Fuentes: So we might - yes, we will come back to you and amend that so
that it will include the expenses for the mailing of the notices.
Mr. Plummer: OK.
124 July 14, 1988
Mayor Suarez: You a lawyer yet?
Mr. Gibbs: Oh yes.
Mayor Suarez: When did you pass the bar?
Mr. Gibbs: Over a year...
Mayor Suarez: Or how did you pass the bar?
Mr. Gibbs: Barely.
Mayor Suarez: You were sworn in, right?
Mr. Gibbs: Yes.
Mayor Suarez: You didn't call me, all right. Item - I mean, we've got the
nature of the emergency read or could you do it as part of reading the
ordinance?
Mr. Plummer: Sixty-three.
Mayor Suarez: Call the roll.
Mr. Plummer: First reading.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 62-55 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
CHANGE THE REQUIRED NOTIFICATION FOR PUBLIC HEARINGS
IN REGARD TO ADMINISTRATION OF THE CITY'S
COMPREHENSIVE PLANNING PROGRAM TO COMPLY WITH MINIMUM
REQUIREMENTS OF STATE STATUTES AND THEREBY REDUCE THE
OPERATING COST OF THE CITY; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner De
Yurre, 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:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner De Yurre, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10454.
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.
125 July 14, 1988
(NOTE: The City Attorney later corrects reading of this emergency ordinance
by correctly reading its title a second time. See label 50)
COMMENTS MADE DURING ROLL CALL:
Mr. Fernandez: It's an emergency ordinance.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Fernandez: Mr. Mayor, on the last item before 63, that was also the
reading of an emergency ordinance so you need to have the clerk call a second
vote of that.
Ms. Hirai: That was 62, Mr. City Attorney.
Mr. Fernandez: Yes, right.
Ms. Hirai: We should begin the roll call for clarification on item 62.
Mr. Fernandez: Right.
NOTE FOR THE RECORD: THE SECOND ROLL CALL ON EMERGENCY ORDINANCE
10453 IS COMPLETED AT THIS POINT.
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47. EMERGENCY ORDINANCE: ESTABLISH THREE NEW SPECIAL REVENUE FUNDS: "JTPA
TITLE I/OLDER WORKER (FY 189)," "JTPA TITLE IIA/NEIGHBORHOODS JOBS
PROGRAM (FY 189)," AND "OFFICE OF INTERGOVERNMENTAL LIAISON "FY 189)"
AND APPROPRIATING FUNDS FOR EACH
Mayor Suarez: Item 64.
Mr. Plummer: How many people will this serve?
Mr. Frank Castaneda: It will serve 10 older workers.
Mr. Plummer: Total?
Mr. Castaneda: Two hundred and forty-two.
Mr. Plummer: Two forty-two?
Mr. Castaneda: Right.
Mr. Plummer: And for how many weeks does this program exist?
Mr. Castaneda: For a year.
Mr. Plummer: A year?
Mr. Castaneda: Um hum.
Mr. Plummer: Thank you.
Mr. Dawkins: How many ex offenders will you serve?
Mr. Castaneda: Twelve.
Mr. Dawkins: How will they be identified and where will you get them from?
Ms. Francena Brooks: The ex offenders, Commissioner, come from - into the
program different ways. Some come from half way houses, others are persons
that come directly into the program off the street.
Mr. Dawkins: How many displaced homemakers?
Ms. Brooks: Pardon me?
Mr. Dawkins: How many displaced homemakers?
126 July 14, 1988
Ms. Brooks: The set aside for 50, aid to families with dependent children.
Those are not displaced homemakers though. These are persons that are
receiving some kind of public assistance; most specifically aid to families.
Mr. Dawkins: So, it's not against the law for them to receive ADC and get
this aid?
Ms. Brooks: The program is designed to take them off AFDC and you have
probably read recently that in many states, including Florida, there is a
whole lot of emphasis on welfare reform. The way is has been known in Florida
has been through project independence and now for the first time, there'll be
penalties attached to people that are able to work, but have not found a job
for one reason or another. So it's to provide incentives to them to begin
working with the on the job training and what have you and just tied into the
whole welfare reform issue.
Mr. Dawkins: What type of jobs will they be introduced to?
Ms. Brooks: Depending upon their skill levels, and if they need skill
development, so it can be either clerical jobs, it can be jobs in maintenance,
it can be jobs as accountant clerks, it depends on both the persons' interests
as well as their skill levels.
Mr. Dawkins: Name me some of the firms that you have already contacted that
have agreed to accept these individuals.
Ms. Brooks: OK, we're working with individuals and I would have to get you
the list of actual firms. We have placed AFDC recipients already during this
year.
Mr. Dawkins: How...
Ms. Brooks: But I would have to get you a list of the firms where they're
actually placed.
Mr. Dawkins: OK, now are you talking about the program last year or are you
talking about the upcoming program?
Ms. Brooks: I'm saying two things, that this particular contract includes the
specific set aside to serve 50 AFDC recipients. However, we have been working
with AFDC recipients over the past year and have successfully placed some. It
was like a volunteer initiative, through what was called Project Independence.
Where we worked, I know there were at least ten placements of people that were
categorized as AFDC recipients.
Mr. Dawkins: So with that ten and the 50 that we have, we will be placing 60
individuals.
Ms. Brooks: We will place over the next year, from July 1 through June 30th,
at least 50.
Mr. Dawkins: Beg your pardon?
Ms. Brooks: We will place at least 50, however, over the past year, we placed
at least ten.
Mr. Dawkins: OK, you placed ten.
Ms. Brooks: At least ten, yes.
Mr. Dawkins: All right, so now you've got more money.
Ms. Brooks: Right, we have a specific set aside for that purpose.
Mr. Dawkins: All right, well what about the money that was set aside for the
ten that you serviced this year? Where did that come from?
Ms. Brooks: No, there was no set aside. In fact, the...
Mr. Dawkins: All right, but you found money with which to employ ten?
127 July 14, 1988
0 0
Ms. Brooks: Right...
Mr. Dawkins: Well, why can't we find that same money to employ ten which
would give us 60 individuals employed instead of...
Ms. Brooks: We could serve 60, we can serve them out of the money the one
seventy and the general population. But this is a specific set aside to just
make sure that population is served because of their special needs.
Mr. Dawkins: We are saying the same thing, all I'm saying is, I don't want
the ten to get lost because we got fifty.
Ms. Brooks: Oh, no, they won't, you know...
Mr. Dawkins: I'm saying that I want to see 60 or more people served.
Ms. Brooks: Fine.
Mr. Dawkins: OK? Thank you. Ms. Adker, what do you do? I mean, are you
working? Come to the mike.
Mr. Plummer: And what in the hell is this?
Mr. Dawkins: Come to the mike.
Mr. Plummer: Will it?
Mr. Dawkins: Are you employed now?
Ms. Ann Marie Adker: Yes and no.
Mr. Dawkins: OK, where are you employed, ma'am?
Ms. Adker: I am now finishing a contract with the Overtown Southeast
Park/West for...
Mr. Dawkins: It will be over when?
Ms. Adker: They should be over now.
Mr. Dawkins: No, when will it be over, Ann Marie Adker?
Ms. Adker: In a couple of weeks, how long does $4500...
Mr. Dawkins: All right, all right Mr. Jackson, get with Mrs. Adker and put
her on part time with my staff to monitor the placement, employment and
etcetera of these displaced homemakers.
Ms. Adker: You know...
Mr. Dawkins: I think I need - no, ma'am, I think I need somebody from my
office who can tell me, you know, what's going on rather than staff.
Mr. Plummer: You'd better ask her if she wants to work for you.
Ms. Adker: I've been working with him for a long time for nothing.
Mr. Plummer: Yes, but Annie, you've been doing it as a friend. When he
becomes a boss, he's a tyrant.
Ms. Adker: I can handle him.
Mr. Plummer: That's better than Nancy says.
Mr. Dawkins: Will you do that for me?
Ms. Adker: Yes.
Mr. Dawkins: OK, thanks.
Ms. Adker: You know, I would like to know from Mrs. Brooks because I've been
getting a lot of complaints about people on AFDC going to the City of Miami
128 July 14, 1988
jobs program and trying to get a job. When you look at the incentives from
AFDC and you look at the hourly pay from some of those jobs, honey, forget it.
AFDC, as far as I understand it, gives the recipient a monthly check, food
stamps and Medicaid. The jobs give them a maximum of $3.35 an hour.
Ms. Brooks: Well, that is the minimum wage.
Ms. Adker: Well whatever. Do they go to $7.50?
Ms. Brooks: No, you know what has happened? - and it is a problem, and that
is why welfare reform has been such a controversial issue, and the program is
not an easy one, because of the fact that their are welfare benefits in
combination with Medicaid, the food stamps, anything else they get, far
outweighs the emphasis to try to get people into employment, and particularly
if the skill levels are low. However, there are some additional measures now
being made, I guess both through Congress, to increase the minimum wage over
the next several years, in addition to the states tying real penalties to
welfare, people that are on welfare, because there has been no incentive for
them to work. That's the problem.
Ms. Adker: I have a very grave, grave concern about that, and several years
ago, began with the help of some other people, that those people looking for
work and going into the work force, not be cut off the same month they
began...
Ms. Brooks: No, it is not supposed to be an immediate thing.
Ms. Adker: ... and we have got a problem there. Have you had the concern for
those people enough to go in there and ask for a six or seven month ...
Mr. Dawkins: No, but Mrs. Brooks has been working with Secretary Kohler,
addressing the same issues that you raised, and all she can do is sit down
with the secretary of HRS, and tell them what our concerns are and until you
guys vote Martinez out, there ain't a hell of a lot we can do.
Ms. Adker: We got how many more years?
Mr. Dawkins: Ok....Morse is here Mr. Mayor.
Mayor Suarez: OK, we have a vote pending on that item?
Mr. Castaneda: Yes.
Ms. Brooks: Yes.
Mayor Suarez: OK, we have a motion and a second.
Ms. Hirai: I need a second, Mr. Mayor.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Read the ordinance.
Ms. Hirai: You moved it, Mr. Dawkins.
Mr. Dawkins: I moved it?
Ms. Hirai: Yes.
Mayor Suarez: You want to second? Vice Mayor seconds. Read the ordinance,
and give the reason for the emergency.
129 July 14, 1988
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING THREE NEW SPECIAL
REVENUE FUNDS ENTITLED: "JTPA TITLE I/OLDER WORKER
(FY'89)", "JTPA TITLE IIA/NEIGHBORHOODS JOBS PROGRAM
(FY'89)" AND "OFFICE OF INTERGOVERNMENTAL LIAISON
(FY'89)"; APPROPRIATING FUNDS FOR THE OPERATION OF
EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF $20,500,
$491,840 AND $55,000 FROM THE UNITED STATES DEPARTMENT
OF LABOR; AND FURTHER AUTHORIZING THE CITY MANAGER TO
ACCEPT THE AFOREMENTIONED GRANT AWARDS AND ENTER INTO
THE NECESSARY CONTRACT(S) AND/OR AGREEMENT(S) WITH THE
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy, 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:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10455.
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.
------------------------------------------------------------------------------
48. MANAGER TO WORK WITH STATE REPRESENTATIVE LUIS MORSE FOR FUNDS FOR
CONSTRUCTION OF A CHILD DAY CARE CENTER IN ALLAPATTAH, POSSIBLY USING
PARK SITE AROUND NW 16 STREET AND 16 AVENUE.
Mayor Suarez: Representative Luis Morse.
Representative Luis Morse: Mr. Mayor and Commissioners...
Mayor Suarez: Since we haven't already thanked you, as we have some of the
other State Representatives, including your majority leader, I want to take
this opportunity to thank you for the fine things you have done this year in
the Legislative session, and I think as good as last year was, this year was
even better, as far as the City of Miami issues.
Mr. Morse: We hope that the City of Miami, the next year, will find that the
Legislature can be even more bountiful in helping.
Mayor Suarez: Well, since you have a $20 billion... $21 billion budget?...
130 July 14, 1988
Mr. Morse: $21 billion.
Mayor Suarez: $21 billion budget, I expect. that you will be more bountiful in
general, and specifically towards us. Item 117.
Mr. Morse: 117. By the way, I would like to make a correction. The agenda
put me out as being the representative for district 114. It is district 113.
I'm State Representative Luis Morse...
Mr. Plummer: Oh yeah, great, tell us where you're going to build it.
Mr. Morse:...for the City of Miami. I am here on behalf of the Allapattah
Wynwood Community and Development Center, which came to me some few weeks ago,
or about a month or so ago, as a matter of fact, and requested my help and I
said that I would be very glad to help and specifically, what we are looking
at the need for child care units in the City of Miami. For the past couple of
years, I have been helping out the Little Havana Activities Center and now
we've funded them to building a child care and adult care center in the Little
Havana area, and these people came to me and told me that the needs in
Allapattah are also there. Allapattah also needs child care units. My
recommendation to them was that if they were able to get the City of Miami to
agree to let them have any piece of land contingent upon the Legislature
getting them the money, to build the child care unit, then I would be more
than glad to help out and obtain those funds. As a matter of fact, I also
talked to the representative for the Allapattah area, which is State
Representative Jefferson Reeves, and he was very enthused with the idea. He
also sees the needs in his district, now. As a matter of legislative
courtesy, the project would go under the leadership of Representative
Jefferson Reeves, but I believe that I would have a certain amount of
influence in helping out, getting the funds to build a child care unit, child
care center in the Allapattah area. I believe that ... I hope this Commission
takes into consideration the request by the Allapattah residents and study the
matter and maybe ask for a request proposals from different, maybe different
organizations in the Allapattah area, for the area they represent, and who
would be the people they would be providing the service to, and what resources
would they have available, but please be sure that we would be able to work
with you in obtaining the construction money for any such center in which, you
know, we would go in partnership with the City.
Mr. De Yurre: How much money are you talking about?
Mr. Morse: I'm sorry.
Mr. De Yurre: Have you discussed the amount of money that you could be able
to bring down from Tallahassee?
Mr. Morse: Well, for the Little Havana Activities Center, we've gotten close
to $400,000 for the building area. We've got about $200,000 last year, and a
little bit over $200,000 this year, so, that's ballpark figure what I see no
difficulty in going back to Tallahassee and requesting an appropriations on
line items for close to that amount.
Mr. De Yurre: Have you identified a piece of land in the Allapattah area that
would suit needs?
Mr. Morse: I am not in that much detail. My position here is a... as an
advocate of building child care units and affordable child care places. Now
the place, the organization, whatever, these were the people who came to me
first, and requested that I support them in their request, and that is what I
am doing here. I am not, you know, in a position of saying you know, this is
a piece of land in the City of Miami to recommend to you. What I am doing is,
telling you people that if you decide to go along with something like this,
that I would most certainly be helping to get the funds to build the building.
Mrs. Kennedy: You have been a very effective legislator. I know how hard you
worked for the Little Havana Activities Center as well as many other projects.
Let me ask you one thing. The City of Miami's day care centers are in dire
need of help. Can you help us with State funds for our day care centers?
Mr. Morse: As far as operating costs, we are really going against the wall.
We can get the money for building costs.
131 July 14, 1988
0 4
Mayor Suarez: There is more money available for the building than for the
operation?
Mr. Morse: Yes, there ...
Mayor Suarez: Well, that is interesting, because there is...
Mr. Morse: As far as building, we can get the money, and we can fight and do
get the money for building, but the operating end of it, we are shut out.
Mayor Suarez: Well, the RFP can specify that building is at essentially no
cost, as long as it doesn't cost us anything, and the funds are obtained, but
they must operate it themselves. That is the way the RFP can read, if we do
something like this. Now, whether that means that we will get no bidders or
not, I don't know, if they could do it, 1 mean, we have spent a lot of time
here going over the fees that are charged and the costs per child in our
programs and I can tell you that we are going to be pretty careful on getting
involved in any child care that doesn't come within those parameters, but if
they can do it...
Mr. Morse: But what I am also trying to do is let you know that really, you
can work it out in a forum that it can be no cost, or no loss situation for
the City of Miami, because if you put it as contingent upon obtaining the
funds from Tallahassee, you are really not releasing anything from the City of
Miami until the State decides to go into partnership with them and do release
funds, so...
Mrs. Kennedy: Well, I guess the appropriate motion here would be for you to
get together with the City Manager and come up with the solution.
Mr. Morse: Well, I would be more than glad to work with your City Manager in
drafting up any resolution for you to consider.
Mr. De Yurre: I spoke with Al Armada, in fact, it was either yesterday or the
day before yesterday and we discussed a possible site, which is a small little
park that is not being used on 16th Street, or 16th Avenue, or 17th Street,
around that area.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. De Yurre: 16th and 16th, and that is pretty much abandoned at this point
in time, and it is my understanding that it would be available, there. Armada
had no problem in the City using that piece of property for this day care
project.
Mayor Suarez: On that ... and assuming that that is the direction that makes
sense to go, why don't we refer to the Manager to report back as to the
desirability of that site? We have had pending for many, many months a whole
divestiture plan for the City, and I know it is slow in coming, but it makes
more sense if a park is just sitting there idle, to use it for something maybe
with a use permit, or whatever, capital funds to be obtained from the State
and operating to be provided by the bidders themselves, it doesn't cost us
anything and it brings use into a park and groups an apply, so it is not going
to be anybody preferred, so I think the approach is a good one, and I would
entertain a motion to that effect.
Mr. De Yurre: I'll move it.
Mayor Suarez: So moved.
Mr. Plummer: Yes, I'll second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
132 July 14, 1988
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-657
A MOTION DIRECTING THE CITY MANAGER TO GET TOGETHER
WITH STATE REPRESENTATIVE LUIS MORSE IN ORDER TO
NEGOTIATE THE DETAILS OF REPRESENTATIVE MORSE'S OFFER
TO HELP OBTAIN THE NECESSARY FUNDS FOR CONSTRUCTION OF
A CHILD DAY CARE CENTER IN ALLAPATTAH; FURTHER
INSTRUCTING THE CITY MANAGER TO STUDY THE POSSIBILITY
OF USING FOR SAID PURPOSE A PARK IN ALLAPATTAH LOCATED
AROUND NW 16 STREET AND 6 AVENUE, AND TO REPORT BACK
TO THE COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Yes, absolutely. We can use them in Allapattah and many areas.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: And thank you. I guess there is no legislative session planned
for Christmas or anything? - we can get some more money?
Mr. Morse: Mr. Mayor, may I, now that we are finished with this...
Mayor Suarez: I guess the fact that you haven't answered indicates to me that
there is not any, so... planned, no special sessions.
Mr. Morse: No, no special sessions, thank God. All we have is elections.
That is special enough.
49. DISCUSSION IN CONNECTION WITH STATE REPRESENTATIVE LUIS MORSE's REQUEST
FOR AMBULATORY DAY CARE CENTER IN LITTLE HAVANA.
Representative Luis Morse: May I take two seconds of your valuable time for
an item that I would like to request also you are hearing?
Mayor Suarez: You just did. You took more than two seconds, but we will give
you another couple of seconds.
Mr. Morse: Thank you Mr. Mayor. For some time now, I have been very
interested, and I've discussed it with you and I've discussed it with several
other people in the Commission about the possibility of bringing to Little
Havana, a ambulatory care center in conjunction with the Jackson Memorial
Hospital. I have broached that subject with Commissioner Jorge Valdez, which
also sits in the Public Health Trust, Jackson, and it...
Mayor Suarez: Particularly for like emergency type matters that don't
require...
Mr. Morse: Yes, well, what I was thinking about was an emergency type home
for ambulatory care center in conjunction with Jackson Memorial, I have talked
to the lobbyist that takes care of Jackson Memorial and University of Miami
Medical School. They seem to be agreeable. What I would like to propose to
the Mayor and to the Commissioners of the City of Miami, is to see if we can
work out some sort of a partnership in which the City would be providing a
piece of land. Jackson Memorial Dade County Commission would, do the
133 July 14, 1988
0
operating of this ambulatory care center, and we in Tallahassee provide the
building costs again.
Mayor Suarez: Isn't it pretty similar, Madam Vice Mayor, to your concept?
Mrs. Kennedy: Yes, it is.
Mayor Suarez: OK, what do you need from us, because I think their concept...
Mr. Morse: What I would need would be to sit down with somebody that is
willing to work with me and sit down with Commissioner Jorge Valdes and with
staff on all three sides of it and see if we can come up with a workable plan
that we can take to Tallahassee for getting some appropriations on that item.
Mrs. Kennedy: Good, because for the past five months or so, I' say, Mr.
somebody from his staff and Mario Diaz Balart and I have been
talking to the Public Health Trust at Jackson and we have had a series of
meetings and we are now at the stage of where we are choosing the site. The
proposal, in fact I went to Tallahassee with it, but unfortunately it was too
late in the session, and I was told to start earlier next year when we have a
good chance of passing it, so call me and I would love to sit down with you.
Mr. Morse: OK, I would love to be able to work with you on it, because that's
a dear project for me.
Mrs. Kennedy: Good, we have done a lot of ground work already.
Mr. Morse: I'd love to have it in Little Havana.
Mrs. Kennedy: OK.
Mr. Morse: Thank you Commissioners, and Mr. Mayor.
Mayor Suarez: Mr. Representative, thank you, sir.
50. CITY ATTORNEY CORRECTLY READS TITLE OF EMERGENCY ORDINANCE CHANGING
REQUIRED NOTIFICATION FOR PUBLIC HEARINGS TO MINIMUM REQUIREMENTS OF
STATE STATUTES. (See label 46)
Mr. Fernandez: Mr. Mayor, if I may have your indulgence one second, before
you go into item 65 and correct a technicality in item 63, that emergency
ordinance that was read. I misread into the record the fact that it was
amending two provisions of the section. It is really only amending section
62-55, so I don't know whether you would like an accurate reading of really
how the ordinance should be read - my mistake, but better caught now than let
the record proceed that way. So if you don't mind, I would like to read:
AT THIS POINT, THE CITY ATTORNEY CORRECTLY READS THE TITLE OF
EMERGENCY ORDINANCE 10456 AND SECOND ROLL CALL IS TAKEN.
51. EMERGENCY ORDINANCE: ESTABLISH NEW PROJECT "SECOND MORTGAGE HOME LOAN
POOL PROJECT" AND APPROPRIATE FUNDS FOR SAME.
Mayor Suarez: Item 65 is the allocation of monies to Melrose. Jerry, the
same thing we acted on before, now in the form of an ordinance.
Mr. Dawkins: Move it.
Mr. Jerry Gereaux: Yes, it is.
Mayor Suarez: Wow! Moved. Do we have a second? Melrose.
Mr. Plummer: What percentage are we getting back?
134 July 14, 1988
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Mayor Suaret: That is specified in the mortgage, remember?
Mr. Gereaux: OK, on the land, we are getting back 50 percent, just like Civic
Center.
Mr. Plummer: In the future that program will be cut by at least 50 percent.
Mr. Gereaux: Yes, but we will be finding a lot more money very soon,
Commissioner.
Mr. Plummer: Just as long as everybody understands that. You pay out a
dollar and you only get back 50 cents on the dollar. Yes, the good is there,
that can't continue. You're gonna run out of money.
Mayor Suarez: We have a motion and a second. Any further discussion? Read the
ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mr. Plummer: When are they going to break ground?
Mr. Gereaux: They are going to break ground in November at the very absolute
latest.
Mr. Plummer: November of what year?
Mr. Gereaux: This year.
Mr. Plummer: Can we put on there that this is only good until the first of
January?
Mr. Gereaux: Well of course, of course.
Mr. Plummer: I would like to stipulate that this, which we have just passed,
is effective, they must break ground no later than December 31, 1988.
Mayor Suarez: Absolutely.
Mr. Plummer: As the Mayor says, I'm tired of going to false ground breakings.
I'll offer that as a...
Mayor Suarez: I thought they were going to begin right away, Jerry.
Mr. Gereaux: No problem, as soon as possible.
Mr. Plummer: Then you don't mind if I add that?
Mr. Gereaux: No, not at all.
Mayor Suarez: OK, call the roll then, since the ordinance has been read, as
amended.
Mr. Plummer: As amended.
Mayor Suarez: The ordinance has been read as amended.
Mr. Fernandez: Ms. Hirai, that is as amended by the comment just made by the
Commission.
Ms. Hirai: Thank you.
135 July 14, 1988
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10347, AS AMENDED, ADOPTED NOVEMBER 19, 1987, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
ESTABLISHING A NEW PROJECT ENTITLED "SECOND MORTGAGE
HOME LOAN POOL PROJECT" - PROJECT NO. 321037, AND BY
APPROPRIATING FUNDS IN THE AMOUNT OF ONE MILLION FIVE
HUNDRED THOUSAND DOLLARS ($1,500,000) FROM 1976
HOUSING GENERAL OBLIGATION BONDS -INTEREST, FOR THE
PURPOSE OF PROVIDING AFFORDABLE HOME PURCHASE
FINANCING FOR QUALIFIED LOW AND MODERATE INCOME
PURCHASERS IN CONNECTION WITH THE CITY'S AFFORDABLE
HOUSING DEVELOPMENT PROGRAM; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy, 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:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10456.
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.
52. DISCUSSION IN CONNECTION WITH THE INVESTIGATION AND AUDIT OF THE CUBAN
MUSEUM.
Mayor Suarez: Commissioner, you wanted us to handle the ...
Mr. De Yurre: Yes, I'd like if we could bring up at this time, item 140, the
Cuban Museum.
Mr. Plummer: Cuban Museum, yes. We are going to rescue the rescuers. Mr.
Manager, can we have a report from you, that we read in the paper this
morning? When?
Ms. Hattie Daniels: Yesterday,
Mr. Plummer: Yesterday? What time yesterday, Hattie?
Ms. Daniels: It didn't come from me, Commissioner, I left that with the
Manager on Tuesday afternoon so it should have come from his office yesterday.
136 July 14, 1988
Mr. Plummer: And it went out yesterday? And what time in the afternoon was
that received, before five, or after 5:00? I haven't seen it, that is the
point I am trying to make, OK? Will someone in my office bring me a copy of
it with the time stamp on it? I'd like to see it.
Ms. Daniels: Commissioners, at the last a meeting, you asked for another
report on the Cuban Museum. Specifically, you asked for another audit report
on the first auction that occurred March 27, 1987. In addition, additional
information was asked regarding the activities provided by the Cuban Museum,
pertinent to the agreement, and also information concerning the sellers and
the board members' participation. The first auction, the museum held was in
March 27, 1987, and that was held at the museum at 1300 SW 12th Avenue.
Buyers of the art work contributed percentages ranging for 30 to 50 percent of
the selling price. The remainder of that went to the museum as a
contribution. No prior approval was given by the City Manager to hold that
auction, similar to the second auction that was held. The agreement basically
requires that the City Manager receive prior approval before the museum alters
the use of the building. The museum's profits total $36,646. That came from
the selling of 17 donated artworks and 97 that were provided on consignment, a
total of 114. Gross proceeds from the sale, $84,920. Paid to the sellers,
$48,276, thus the profit was $36,646. All monies were properly accounted for,
meaning that would traced back to the museum's accounts, and/or the sellers
were basically paid for those works that were sold. Now, as far as the
participation of the board members...
Mr. Plummer: Wait, a minute. Whoa. Did you audit where those monies were
used for, where were they spent?
Ms. Daniels: Basically, what we determined was that it went back to the
museum...
Mr. Plummer: No, no, no.
Ms. Daniels: ... and - yes - what that money was basically used for, for
museum activities.
Mr. Plummer: In other words, you traced every dollar down and made sure of
what that money was spent for?
Ms. Daniels: Yes.
Mr. Plummer: And is that reflected in this memo?
Ms. Daniels: No, not what it was spent for. No, it is not reflected in the
memo, but in our work papers.
Mr. Plummer: Go ahead.
Ms. Daniels: OK, what I am saying to you regarding the board members'
activities, that the board members bought a total of $20,625 for 27 art works
that they purchased. The board members sold a total of nine paintings, worth
$10,325. Those same board members contributed $8,025 to the museum for those
paintings.
Mr. De Yurre: Hold it, hold it.
Ms. Daniels: OK.
Mr. De Yurre: $10,325 was the selling price.
Ms. Daniels: Was the selling price, yes.
Mr. De Yurre: It says here, "Donations to museum, $2,382..."
Ms. Daniels: OK, that is from the sellers. OK, I am saying two different
things, from both those that were sold, and those that were purchased, the
total contribution was $8,025. For the seller, they sold $10,325 and
contributed $2,382, sellers.
Mr. De Yurre: OK, so they kept the difference?
137 July 14, 1988
Ms. Daniels: Yes.
Mr. De Yurre: The sellers, they kept approximately $8,000.
Ms. Daniels: Yes.
Mr. De Yurre: And those were board members...
Ms. Daniels: Yes.
Mr. De Yurre: ... at the time.
Ms. Daniels: Yes.
Mr. De Yurre: OK, go ahead.
Ms. Daniels: OK, the only other thing I will tell you about that is that none
of the board members, even though there were four that sold paintings, none
were over $5,000 in terms of the total amount of money that they made on those
paintings.
Mr. Plummer: You are saying that board members, members of the board of the
museum, actually sold their own art work in this auction?
Ms. Daniels: Yes.
Mr. Plummer: And that is not a conflict of interest?
Ms. Daniels: Well, I think that is part of what you have asked the...
Mr. Plummer: Well, I am asking, is that a conflict of interest?
Ms. Daniels: Well, it depends. I think what you are asking is, you know more
a legal opinion, as to whether or not Florida State statutes have been
violated by their participating in that, and that is the same question I
believe that you have asked the U.S. Attorney to rule on.
Mr. Plummer: Oh, that is going to be addressed there?
Ms. Daniels: You have already basically written a memo asking about their
nonprofit status and so forth.
Mr. Plummer: No, but it seems logical, you know, when you have a nonprofit
organization, and yet board members who govern how that situation operates
are, in fact, making money from the proceeds of sales of their own personal
items. Something doesn't seems right there to me. Now, it might not be the
full interpretation of a conflict of interest, but my old friend used to say,
if it looks wrong, it is wrong.
Ms. Daniels: Commissioner, I don't know, you know, if we are the proper ones
to rule on what Florida State statutes say regarding conflict of interest.
Basically, what we were asked was to give you the information as to what was
sold and what was purchased, and I think that you know, you will have to ask
maybe your legal counsel regarding that interpretation.
Mr. Plummer: Go ahead.
Ms. Daniels: OK, the other question that you asked was about cultural
enrichment, the activities at the museum. Basically, we can say that the
museum is in compliance in that area. They've provided exhibits, speakers,
educational sessions, lectures at Dade County public schools and there have
been children to attend the museum's functions - piano recitals, inspirational
dance, receptions, and over 30 lectures and that is provided to you a list in
exhibit three of that report. You also asked for an update of the second
auction held April 22, 1988, and in the original audit, the prior audit, we
reported to you that the proceeds was $30,639. Since that time, they have
reported additional sales and also additional expenses, therefore the proceeds
have been decreased to $27,331. Gross proceeds from the second auction,
$141,966 going to the sellers, $108,209 and expenses, $6,426; therefore
proceeds would be $27,331 from the second auction. Now, board participation
in that second auction, there were 21 art works purchased by the board
members, $24,800. Contributions made to the auction from those purchases,
138 July 14, 1988
$4,736. There were three sellers that were board members. Those artworks
sold, 11 artworks, $8,300, and the contributions made, $2,220, from the second
auction.
Mr. Plummer: What was their gross operating budget for the year 1987?
Ms. Daniels: OK, I do not have that before me. I can tell you, you know,
what our contribution was, was...
Mr. Plummer: No, no, what was their total operational budget, all sources for
the year 1987?
Ms. Daniels: OK, Commissioner, I do not have that with me, before me at this
time.
Mr. Plummer: Well, I think it is important.
Ms. Daniels: OK, I can get that information for you.
Mr. Plummer: I'd like to know for the years 185, '86 and '87. Now, we know
what they have recorded as to the profits, the net, from the two auctions, but
what is the total budget, and what portion of their total operating revenue is
that?
Ms. Daniels: All right, I will get that for you. I do not have that before me
at this time.
Mr. Plummer: Is there anybody in the Cuban museum who is on a salary or a
contract?
Ms. Margarita Ruiz: Yes, Commissioner...
Mayor Suarez: I think they have an executive director.
Mr. Plummer: You don't know?
Ms. Daniels: Just the executive director.
Mr. Plummer: I'm sorry?
Ms. Daniels: OK, it is my understanding from what we have here is the
executive director.
Mr. Plummer: And what is the salary of the executive director?
Ms. Daniels: OK, I believe from my work papers, it was in the thirty
thousands.
Mr. Plummer: Thirty thousand?
Ms. Daniels: Yes.
Mr. Plummer: Is there anyone else who is on a salary, part time, or contract?
Ms. Daniels: OK, not to my knowledge. This is all that I have on that.
Mr. Plummer: So your inquiry shows one person, at approximately $30,000.
Ms. Daniels: As far as the salary, yes.
Mr. Plummer: OK, as far as what they pay the City, it is one dollar a year.
Ms. Daniels: OK, no, the contract calls for... we are paying them - well, not
exactly paying them - but their rent is being contributed by the City, but
there is nothing coming from the City.
Mr. Odio: They pay $12,000 a year and they back to
Mr. Plummer: So it is a wash, OK? I'm trying to determine beside a salaried
individual, and the usual utilities of lights, water, a phone, what are the
expenses, and where are... do you show any cash reserves at this time in their
account?
139 July 14, 1988
Ms. Daniels: OK, you are really asking some things that was not in the scope
of this particular audit.
Mr. Plummer: Why?
Mrs. Kennedy: How deep did you go in your investigation?
Mr. Plummer: No, no. How shallow did you go?
Ms. Daniels: OK.
Mayor Suarez: She was asked to audit the auctions, not to...
Ms. Daniels: OK, basically, what we... yes, we were not asked... OK, we do
something different when it is the regular audit of the museum, for the total
operating year. OK, what... this is a special audit and basically what we
looked at, was particularly what happened with these two auctions. That was
the scope of the particular audit. Now, at the end of their reporting year,
we look at everything in terms of what has happened with that auction, but
that was not the scope of this one at this time.
Mr. Plummer: At the end of last year, did you show them with any surplus in
their account?
Ms. Daniels: OK, this is the first one that we have done. This is the first
one.
Mr. Plummer: Who did a prior?
Ms. Daniels: So there is no prior information.
Mr. Plummer: There was no audits ever done prior?
Ms. Daniels: No.
Mr. Plummer: Mr. Manager, why?
Mr. Odio: I don't know. I guess the Internal Audit Department didn't deem it
important enough.
Mayor Suarez: We were not doing them for every single nonprofit entity.
We...
Ms. Daniels: No, everyone is not done.
Mr. Plummer: No, no, we were doing it for all of City -owned properties.
Ms. Daniels: No.
Mayor Suarez: Everybody gets to talk around here except for me.
Mr. Odio: We do it as spot checks.
Mr. Plummer: How soon are we going to get...
Mayor Suarez: And we have a Manager, a Commissioner and a staff person all
interrupting me. I can take it from a fellow Commissioner, but please, the
rest of you, let me complete my statement.
Mr. Plummer: Excuse me, this Commissioner did not hear you speak.
Mayor Suarez: I know. As far as I remember, we instituted a rule of auditing
just about any grant recipient recently, but in the past it has been the
Internal Audit Department on selected grant recipients that were concerned
about, if I remember correctly.
Mr. Plummer: Mr. Mayor, I will also add to that for you something we haven't
followed in a couple of years, which I think we ought to go back to, and that
is, any group receiving a grant of money from this City had to have one of the
Commissioners on their board, and I think that the day has come where we need
to go back to that so that we, the Commission, have first in hand information
from one of our own colleagues, but...
140 July 14, 1988
Mayor Suarez: Now, we are going to have be selective, because there is quite
a few grant recipients and...
Mr. Plummer: Exactly!
Mayor Suarez: ... we are going to spend all our time...
Mr. Plummer: Exactly, now are we going to be able to get a full audit?
Ms. Daniels: Yes.
Mr. Plummer: I mean, as far as I am concerned, I think it is necessary. There
has been too much of this dirty linen hanging out with unanswered questions.
As you know, one of the accusations, and I don't remember who made it, and
it's is immaterial, but somebody in that organization was putting some real
nice profits away, OK? Now, if in fact you made $27,000 in an audit, you got
normal expenses, you know, to me, they ought to be having some pretty good
cash reserves, and I would like to know that, so I would ask that an audit be
done now, which is normal, is that correct?
Ms. Daniels: Yes.
Mr. Plummer: And I would like to have that back. I know you can't have it
back at the meeting next week, but I would want it back the first week in
September, and I am talking about a total audit for '85, '86 and '87, OK?
Ms. Daniels: All right.
Mr. Plummer: Now, I have one other question, but it is not on the Cuban
Museum, of the Internal Audit. I am still waiting for the audit on my boat
race. It has now been eight weeks and no one has been assigned from Internal
Audit to do it.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I'm sorry sir, as of Max Cruz yesterday, the Internal Audit has
not even been there to look at it. OR, thank you.
Mr. De Yurre: OR, I'd like to place on the record the following: In going
back to March 27, 1987, the first auction, the issue of board members, and
this is based on information given to me by the Audit Department... Who is the
executive director right now of the museum?
Ms. Ruiz: Carlos M. Luis, and to my knowledge, Commissioner, he has not been
earning $30,000. At least until May 4th, his salary was in the $20,000,
$21,000, or $22,000 range.
Mr. De Yurre: What position does Ramon Cernuda hold?
Ms. Ruiz: Excuse me?
Mr. De Yurre: Ramon Cernuda, what position does he hold?
Mayor Suarez: I think he is vice president.
Ms. Ruiz: He is vice president. He was asked to resign as vice president on
May 4th.
Mr. De Yurre: OK.
Mayor Suarez: The question was, what position does he hold, and it is vice
president.
Mr. De Yurre: OR, on the March 27, 1987 auction, Ramon Cernuda sold four
paintings for a selling price of $4,350 and he donated to the museum $932.
Carlos M. Luis sold three paintings at the auction for a selling price of
$950, with a donation to the museum of $380. Ciro Del Castillo sold one
painting, selling price $325, donation, $130. Dora Valdez -Fault sold one
painting, $4,700, donation to museum, $940. 1988, April 22nd auction. Carlos
M. Luis again sold three paintings for $950, donation $833 to the museum.
Manuel Muniz sold two paintings, $2,200, $330 donation to the museum. Ramon
141 July 14, 1988
Cernuda again sold six paintings, total selling price, $5,150, donation to
museum, $1,057. All these individuals, according to this information, are
board members, or were board members at the time that these auctions took
place. Additionally, the information that I wanted to obtain, again based on
the information received from the Audit Department, of significant numbers of
sales by an individual. We had a gentlemen by the name of Ramiro...
Ms. Ruiz: Casanas.
Mr. De Yurre: ... Casanas who sold 21 paintings at a selling price of $8,350,
and he donated $1,817.
Mayor Suarez: Now he was not a director or an officer?
Mr. De Yurre: No, but according to this...
Ms. Ruiz: He used to be, years ago, but he has been not...
Mayor Suarez: But not at the time in question then? How about Ciro Del
Castillo I didn't know he was a board member.
Ms. Ruiz: He has been a director for several years now.
Mayor Suarez: A director meaning like a board member, member of the board of
directors?
Ms. Ruiz: Board of directors.
Mayor Suarez: At the time that his paintings were sold?
Ms. Ruiz: Yes, sir.
Mr. De Yurre: Luis Rodriguez, eight paintings at a selling price of $10,350,
contribution $1,597.50. Maria Serrano, eight paintings, selling price
$15,300, contribution $1,945. Now, Maria Serrano, is she employed by any of
the board members, anybody in that museum?
Ms. Ruiz: I just called the Editorial, Cernuda and I asked if she was
employed there, and I was told yes.
Mr. De Yurre: So she is an employee of the Editorial Cernuda?
Ms. Ruiz: And it is also my understanding that Luis Rodriguez used to be
employed at Editorial Cernuda and that he sold paintings...
Mayor Suarez: Well, what is the relevancy of that?
Ms. Ruiz: And that they sold...
Mayor Suarez: Wait a minute, Margarita. The question was not directed to you.
I am asking Commissioner De Yurre, what is the relevancy of that, where they
work? Or why should we insert that into the record?
Mr. De Yurre: Well, my point is that these are individuals, and I am just
posing the question, if she sold eight paintings, are these her paintings,
whose paintings are these? She works for an individual that is the vice
president of the company, and he himself had been selling his paintings.
Mayor Suarez: I don't see the relevancy.
Ms. Ruiz: Xavier, we have been informed that Luis Rodriguez...
Mayor Suarez: I don't have any questions for you at this point. Anything
else, Commissioner?
Mr. De Yurre: And the last group is Pedro Ramon Lopez and Teresa Saldice,
nine paintings, $20,850 selling price, and it says here, 10 percent
contribution, $2,085, other contribution, $2,637, and I presume it is for the
museum. What I feel, you know, at this time, Mr. Mayor, that this information,
and I would like to direct that the City Attorney to take this information and
forward it to Dexter Lehtinen, who is conducting an investigation at the
Federal level, and make this information available to him at this point in
time.
142 July 14, 1988
i
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Mr. Fernandez: I shall do.
Mayor Suarez: That is a request from a Commissioner, but I mean, if you put
that to a vote, I have to vote against that. Why would you refer to the U.S.
Attorney information having to do with something? Unless you have some
indication that that violates some kind of a law? I don't know of any law
that that violates.
Mr. De Yurre: Well, I would say that board members or directors of a
nonprofit cooperation self -dealing and profiting from that entity, would
certainly put in jeopardy the tax-exempt status of that entity.
Mayor Suarez: It could affect the 501(C)(iii) It has been explained, I
presume it is being checked into. I don't happen to think that it will put it
in jeopardy, after I have had the explanation of the procedure that is used
given to me. If you think it puts it in jeopardy, you can get a legal opinion
on that, because it will affect their standing with the City, but I don't see
where the U.S. Attorney has to get involved in that.
Mr. De Yurre: Well, it is my understanding he is investigating the tax exempt
status.
Mayor Suarez: I think there is a possible violation of Trade Embargo Act, or
something, but not anything having to do with the final 501(C)(iii) I don't
believe that's in his...
Mr. De Yurre: Well, let me check with...
Mayor Suarez: You might send it to the IRS, if you want.
Mr. Plummer: The City Attorney said he has not been asked to investigate about
the nonprofit status.
Mayor Suarez: I don't think that is within the province of the U.S. Attorney.
Why would the U.S. ...
Mr. Plummer: Excuse me, the City Attorney.
Mayor Suarez: Oh, OK, but if...
Mr. Plummer: As you indicated, is their status as a nonprofit organization in
jeopardy by board members profiting from sales in their own auction? If it
does, it has a direct relation on their agreement with the City as a nonprofit
organization.
Mayor Suarez: That is correct if it does, and I am convinced that it doesn't,
but if some Commissioner wants the City Attorney to look into that, that is
fine, if you get a legal opinion on that issue.
Mr. Plummer: I think we would be derelict if we didn't ask the City Attorney
to do it.
Mayor Suarez: Absolutely. Well, you know, I am pretty sure of what...
Mr. Plummer: OK, fine, I will resolve that. Mr. City Attorney, would you
look into the nonprofit status as outlined in the memo by Hattie Daniels from
Internal Audit, as to whether their nonprofit status is in jeopardy, as it
relates to their dealings with the City of Miami.
Mayor Suarez: That is correct, and by the way I thought that was already
being done by IRS...
Mr. Plummer: Well, he said nobody asked him.
Mayor Suarez: ... at the request of the group that has resigned, and
otherwise...
Mr. Fernandez: No one has personally asked me to do that.
Mayor Suarez: That is the City Attorney.
143 July 14, 1988
Mr. Fernandez: What the Commission has asked...
Mayor Suarez: I was talking about the IRS, Mr. City Attorney.
Mr. Fernandez: ... is, exactly, that we refer this request to the U.S.
Attorney...
Mayor Suarez: Internal Revenue.
Mr. Fernandez: ... for the Southern District. In this case, Mr. Dexter
Lehtinen, for him to get an investigation going on those two issues on the
contraband issue, and on...
Mayor Suarez: Yes, on the violation of the...
Mr. Fernandez: ... the violation, exactly, but not my office.
Mayor Suarez: But not the 501(C)(iii).
Mr. Plummer: All right can we get to another point very quickly? You know...
Ms. Ruiz: May I clarify a few points for you?
Mr. Plummer: That's fine with me.
Ms. Ruiz: My name is Margarita Ruiz for the record, and I am the president of
the Cuban Museum Rescue Committee. First of all, we have never questioned
that the officials were putting their monies in the right accounts or not. We
didn't think that they were, you know, doing away with museum funds. We have
been concerned with self -dealing, and if the City Attorney is interested, I
have a whole manual, which I gave to Victor De Yurre today, from the
Smithsonian Institution, that clearly indicates, point by points, where the
museum law has broken the nonprofit status of the museum, individual cases, in
law already applied, of self dealing of a museum...
Mayor Suarez: Well, wait, let me tell you something. If you have got a
manual from the Smithsonian Institute on what museums should do, that is fine,
and we're very interested in that.
Ms. Ruiz: No, it is a legal primer.
Mayor Suarez: Now I am talking, Margarita, but that does not reflect on the
501(C)(iii) status and tax exemption of this museum.
Ms. Ruiz: I haven't said it does. Let me finish my explanation.
Mayor Suarez: Well, I am telling you that the manual that you may have,
unless you are able to give us a legal opinion on something that we have
already asked the City Attorney to investigate, is not going to convince me of
anything. It might convince some of the other Commissioners of something, but
it is not going to convince me of anything, except that maybe this museum is
not functioning the way the Smithsonian would like museums to function, which
is an interesting point.
Ms. Ruiz: I wasn't raising on how the museum should function. I was saying
that the legal primer includes the certain amounts of law that shows where the
conflicts of interests here are, and it cites specific cases where the same
events, or the same conditions have been apparent, and it also applies
directly or indirectly, the buying or selling of art, when a trustee benefits
in either case. I have some questions about the audit. The audit has
specifically looked in terms of where the money has gone, and that has not
been our concern. We have, which I got from the Auditing Department, a copy
of a number of paintings that were bought by directors of the institution in
April, and at the last Commission meeting we were told that on Saturday and
Sunday at the museum, people picked up the paintings and paid for them. These
trustees or directors of the institution paid for them two months later, OK?
So, are they getting like a layaway plan, when other people are not doing the
same thing? Also, when the list of things the museum has done is brought up,
the first event shows a recent work by Demi. This is an exhibit coordinated by
Ramon Cernuda, and before the exhibit opened, which was a brand new artist,
Ramon Cernuda bought all the paintings, guaranteeing the first exhibition of
the artist would be a success, but also guaranteeing himself as a collector, a
144 July 14, 1988
whole work, or the starting work of an individual. In terms of museum ethics,
this is called self dealing.
Mayor Suarez: Where did he buy those from?
Ms. Ruiz: From the artist herself.
Mayor Suarez: He bought the entire exhibition?
Ms. Ruiz: Collection.
Mayor Suarez: Or collection?
Ms. Ruiz: Before it even opened at the museum. And he organized the exhibit
himself. This, in terms of museum ethics, is self -dealing. He is having
priority before anybody else. Also, in that I got from Auditing Department,
during all museum...
Mayor Suarez: Let me do something on that particular allegation, because it
is serious and interesting. Mr. City Attorney, would you get a copy of that
particular allegation to Mr. Cernuda, or his attorney, so that he can reply to
that?
Mr. Fernandez: I certainly will. Of the allegation just made by...?
Mayor Suarez: That particular one, that's unusual, to say the least.
Ms. Ruiz: The Auditing Department had check stubs, of which I also got a
copy, where Mr. Cernuda paid Diana Gonzalez Vega for secretarial services. He
paid Jackeline Guerra for secretarial services. There were a whole bunch of
professional reimbursement charges from the museum account. These individuals
were employed, or are still employed by Cernuda. Whenever the board met, we
were always told that the whole reason he was conducting the business of the
auction out of his office was as a service to the institution. We assumed
this was not at a cost to the institution because he repeatedly said: "You
know, it is a headache for me..."
Mayor Suarez: Yes, but...
Ms. Ruiz: Let me finish, Xavier, please.
Mayor Suarez: But most of your allegations at this point are directed at the
internal functioning of a corporation and what the directors might have
expected that somebody would contribute who maybe gave an office, or whatever.
And most of those, I think, should be directed to any kind of a judicial
action...
Ms. Ruiz: Yes, but they are self dealing.
Mayor Suarez: ... regarding the corporation and what the directors feel the
corporation should do, not the Miami City Commission.
Ms. Ruiz: But it show again self -dealing, because we are reimbursing him when
we thought that we weren't paying for those services. He was reimbursed over
$4,000 out of auction funds for services rendered when the board has been
told that he was rendering a service, or, you know, as a donation to the
institution.
Mayor Suarez: You know, I would not presume, and this Commission should not
presume my view to decide whether that's self dealing or not, under guidelines
that you are supposed to follow under your corporation, or whatever. We rent
a space to the museum. As long as they comply with the lease, that is what we
are concerned about. Of course, if they violate any law, Federal or State, or
if their nonprofit status is threatened by their actions which could affect...
Ms. Ruiz: No, but the point...
Mayor Suarez: ... their standing - no, now I'm speaking - then that is also of
concern to me. You characterized it as self -dealing, that is fine, but I
don't, but go ahead.
145 July 14, 1988
Ms. Ruiz: The point is that the museum had secretarial staffing, had
telephones, had computers, and these weren't being used, even though we were
paying for the people sitting there, while we were again paying for somebody
who was his secretary, so at what point does she only work for the auction? At
what point does she work for him? I mean, if the phone rings, she is
answering as "Editorial Cernuda." She is not answering "Museum Auction," OK?
Mayor Suarez: I don't know, but we are really not able to go into that kind
of detail until the entities, and we have...
Ms. Ruiz: It has been alleged that...
Mayor Suarez: ... about 90 other items to go today, so...
Ms. Ruiz: OK, it has been alleged that Jose Luis Rodriguez, Lourdes Riquelme,
and this lady, Maria Serrano, sold paintings for Sernuda, so he is also
selling under other people's names. I cannot verify this, but Dr. Alvarez -
Perez is aware of this.
Mayor Suarez: I am sure there are all kinds of ways you can sell paintings on
behalf of someone else and it is not any concern of this Commission that I am
aware of, but...
Dr. Fernando Alvarez -Perez: Mr. Mayor, my name is Dr. Fernando Alvarez -Perez.
I can testify for one painting which had been bought by Mr. Cernuda,
originally in his November, 1986, supposedly, selling from the Ambassador in
Atlanta, or the Belgian consulate, and this painting was exhibited at a
private person's house, which was mentioned, Mrs. Lourdes Riquelme. This
painting was later exhibited at the Miami Dade Community College exhibit, as
part of Mr. Cernuda's own collection, and this painting was later sold at the
auction, as Lourdes Riquelme's painting. I think that there are...
Mayor Suarez: How does that affect our determination here, or ...?
Dr. Alvarez -Perez: Well, I think that the names that Commissioner De Yurre
mentioned previously should be investigated as to the validity of those being
the correct owners of the paintings. There is very solid ground in which to
think that paintings which were the property and ownership of Mr. Cernuda,
were being sold as somebody else's.
Mayor Suarez: Fernando, the only way which would affect my thinking about all
of this would be if somehow, the fact that a director sells paintings, or an
officer sells paintings at an auction related to this entity, or buys them, or
both, affects the 501(C)(iii) classification. Therefore it is not a tax exempt
organization. Otherwise, I have no interest in who sold then, no interest in
who bought them, whether they used agents or not, it just doesn't affect my
thinking. If a Commissioner is interested, that is...
Mr. De Yurre: I agree with you. That's the whole issue, whether it is being
affected in any way.
Mayor Suarez: That's all.
Dr. Alvarez -Perez: Mr. Mayor, if you start adding...
Mayor Suarez: So you can give all of that information to the City Attorney,
if you want, and his determination of whether 501(C)(iii) exemption is being
threatened by any of this, but otherwise, I don't know why we are doing all
this.
Dr. Alvarez -Perez: If you start adding these number, we are talking about
$15,000 with Mrs. Serrano, which supposedly works for him, $10,000 for Mr.
Rodriguez, and $8,000 of his own, which he did declare, we are talking about
almost $40,000, and we are talking about major money that is being spent and
being...
Mayor Suarez: If there was $400,000, or $4,000, or $40...
Dr. Alvarez -Perez: It's the same.
Mayor Suarez: ... if it violates the 501(C)(iii), and threatens and
jeopardizes, that we are interested in, because it affects their standing in
our lease, otherwise it doesn't really matter to us, at least to me.
146 July 14, 1988
Dr. Alvarez -Perez: We will have to take it up with them.
Mr. De Yurre: Well, I think what we can do is whatever information you have,
if you can make it available to the City Attorney's office, the City Attorney,
so we can continue with this investigation and we can get your opinion as to
any possible violations.
Mr. Fernandez: Well, my very limited understanding of the IRS code, sir, is
that it is only the Internal Revenue that can make such a finding. I can... I
would very happily received whatever they have to give me, and make sure that
I forward it to the proper authorities, but whether this City Attorney has the
jurisdiction, the power, and everything else to make a finding that would
jeopardize, or that would determine the 501(C) status of this not -for -profit
corporation, then I don't know.
Mr. De Yurre: Well, I personally
information to the authority that can
see if there is any...
Mr. Fernandez: Gladly.
am satisfied if we can forward this
investigate it and follow up on it to
Mr. De Yurre: ... if they are jeopardizing their status.
Mr. Fernandez: Right.
Mr. Plummer: So, we are asking for a complete audit, Hattie, of the years
185-'86, and 187.
Mayor Suarez: No, we are not asking. You are asking.
Mr. Plummer: Excuse me, I am asking, which should have been done, and for
whatever reason wasn't done. Actually what we are asking for is what should
have been done that wasn't, and we are asking for it in the first meeting in
September.
Mr. Fernandez: And then to understand something else, Mr. Mayor, you still
want me to go ahead and get copies of the specific allegations...
Mayor Suarez: I thought that allegation ought to be related to Mr. Cernuda.
Mr. Fernandez: All right, thank you, sir.
Mayor Suarez: And that the easiest way to do it is to take it straight from
the record and have them...
Mr. Fernandez: Great, thank you.
Mayor Suarez: Because he ought to have a right to reply. We always have that
here at City Hall on any proceedings of that sort.
Mr. Plummer: Mr. Mayor, we've talked to the legalities. We have not spoken
to, and I read this week in the paper, that one of the scheduled displays,
showings, has been cancelled. Am I correct? It said it was New York who
said that they were scared to send their stuff down here and because of that,
it had been cancelled. Am I correct?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I don't, you know, put any credence in what the Herald says, but
that's what I saw there. Am I right, or am I wrong?
Ms. Ruiz: Sir, the Museum of Modern Art, the Museum of Daytona - and this was
declared by the executive director of the museum, it is not us saying this -
removed their paintings. Also, private collectors in the community refuse to
lend their works.
Mr. Plummer: The point I am trying to make, and I continue to make- this
Commission dealt with a group of people, back at the time this thing was
started, for the benefit of this community. This community today is not
benefiting by the internal feuding, fussing, and fighting. I continue to say
that I don't think that this City is serving a worthwhile purpose in either
147 July 14, 1988
organizations at this point, since it doesn't seem that there is any middle
ground can be reached. That says to me as an individual, that this museum
which we took pride in making, is going to go down in the ground and be a
disgrace to this Commission, rather than a pride. And I am not taking sides!
I am not taking the side of the Rescue Committee or the others by virtue of a
name. I am saying to you, this is City property. It is something that this
City should be concerned itself about. Continue, you know, to maybe even the
point of a recommendation from this Commission, that both committees be out,
and a third committee be appointed. Now, maybe that's an alternative, but I
am saying to you that every one of these meetings and every day that
continues, this matter is deteriorating further. It is not even at a
standstill or a turnaround, and it is something that I don't think that
anybody is taking pride in, this continued feuding and fighting. I want to
say to you, as I have said before, that if something doesn't happen shortly
after September, I think there is a way that this City can get that property
back. I legitimately tell you that. I don't want to get involved. I don't
want government involved. It is the worse thing that could happen to you, but
we cannot sit still and be derelict in our duties and let something that we
own, we the property, continue to go down hill to the detriment of all of the
community, not just one side or the other. So I am putting everybody else
again on notice. September, and I don't want to drop a bomb, but I am prepared
to do it.
Ms. Ruiz: Mr. Mayor, may I have one more statement? For the record, that on
June 1st, Facts about Cuban Exiles attempted to bring both groups together.
We were told to bring four or five representatives from each side to a
meeting. Our side, the Rescue Committee. was there on time. It took 20
minutes before Mr. Cernuda arrived and none of the other members of the
executive board of the museum showed up. At the June 8th meeting, when we
were supposed to answer the proposal presented to us by F.A.C.E., we were all
there ourselves, and the other group never showed up, so I think we have
attempted to try to come to terms with these individuals. They refuse to show
up there. I just wanted the Commissioner to know this, that we have tried.
Even last night Mr. Cernuda showed up at the candle vigil that we had, after
the even was over, and he jokingly told somebody that we could just come in
and name 13 more directors to the museum. I think that was almost ridiculous
to get to that point. We asked him, are you willing to accept your
resignation as you were requested on May 4th? And he said: "No, I am not
going to leave the museum, that is not my intent."
Mr. Plummer: Here again, I don't know all of the players, I don't know the
sides, and I don't want to know the sides. I want to see that museum returned
to the prestige that it had in the pride of this community which today,
whichever side you take, is going downhill.
Ms. Ruiz: So do we, sir. We've worked for 15 years doing that and making the
building better, and making better shows. I myself have vacuum -cleaned that
place, painted and done, you know, put up nails, whatever, sir.
Mr. Plummer: That is fine, and I admire you for it. I don't want in any way
to be misconstrued that I am taking your side...
Ms. Ruiz: I agree.
Mr. Plummer: ... or their side. I am sitting back as a City Commissioner
saying you are on a piece of City owned property. I want to be proud of what's
there. I don't want to see it deteriorate.
Ms. Ruiz: So do we sir, but we can't proud of the present administration,
which is an illegal board. Thank you.
Mayor Suarez: OK, but that issue you have to take up in the court system.
148 July 14, 1988
------------------------------------- - - -- -- -- ---------------------------
53. APPROVE $9,000 FOR OVERTOWN SEND -A -KID TO CAMP PROGRAM.
------------------------------------------------------------------------------
Mr. Dawkins: (OFF MIKE) Item 124.
Mayor Suarez: Yes, Commissioner Dawkins, do you want to hear 124?
Mr. Dawkins: Come on Anne Marie Adker, you said you got a headache.
Mr. Plummer: Is that an emergency?
Ms. Anne Marie Adker: Anne Marie Adker, 407 NW 2nd Street, and that is in
Overtown. This is on item 124, Mr. Mayor. It's the Send -A -Kid to Camp
program. We were here the first meeting in June and the items were mixed.
There was a camp program, summer camp program that we had asked the waiver of
fees from the City of Miami Parks and Recreation's Department and you got that
mixed up with my Send -A -Kid to Camp program, in which the City Manager had
allocated $9,000 for. It wasn't clarified, therefore, Community Development
could not have cut a check for us. I came today, because we have some kids
that are leaving Sunday, July 17th, for YMCA camp.
Mayor Suarez: The pause, I think, indicates that you want us to do something.
Ms. Adker: Yes, sir. I am stressing that this is an emergency situation.
The $9,000 was already allocated.
Mayor Suarez: OK, you have a recommendation staff? Officer?
Officer Chip Landrau: Yes, Officer Chip Landrau. $9,000 has been allocated
for L.E.T.F.
Mayor Suarez: OK. Do we need a vote on it?
Ms. Adker: It needed to be clarified, because it seems nobody...
Mayor Suarez: Wait, the question was not directed at you. You don't know too
much about our procedures. You know what you asked for and you know when to
ask for it, but we have got to figure out how to give it to you. OK, if it
helps us to go ahead and do it in the form of a motion, we'll do it in the
form of a motion, Officer. Mr. Manager, somebody help and get this item
resolved. Apparently it is a $9,000 item with the money already available and
allocated to this, and we'd like to vote on it if we need to vote...
Mrs. Kennedy: Move it.
Mayor Suarez: ... or if not, go on to the next item. Do we have a motion?
Mr. Plummer: Yes, I move it.
Mayor Suarez: Seconded, call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-658
A MOTION APPROVING FUNDING REQUEST BY REPRESENTATIVES OF
THE CITY OF MIAMI CRIME PREVENTION PROGRAM IN THE AMOUNT
OF $9,000 FROM THE LAW ENFORCEMENT TRUST FUND IN
CONNECTION WITH THE OVERTOWN CRIME PREVENTION SEND -A -KID
TO CAMP PROGRAM.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
149 July 14, 1988
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mayor Suarez: Go and please sin no more.
Ms. Adker: Mr. Mayor, where do I pick up the check, from whom?
Mayor Suarez: I don't know, but we are going to get the officer to get it to
you as quickly as possible. I'll endorse it, Anne Marie. As long as Ingrid
doesn't get any piece of it.
Ms. Adker: (OFF MIKE, INAUDIBLE)
Mayor Suarez: That smiling look on your face indicates that you are here for
money too, but...
------------------------------------------------------------------------------
54. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS TO PARKS DEPARTMENT FOR
BAYFRONT PARK MANAGEMENT TRUST.
------------------------------------------------------------------------------
Mayor Suarez: Item 66, ordinance appropriations, increasing the
appropriations, Department of Parks and Recreations, $135,000 for Bayfront
Park Management Trust. I will entertain a motion on it.
Mrs. Kennedy: Oh, that is the Bayfront Park thing that we already... I move
itl We already approved it.
Mr. Plummer: I've got a question I wanted to ask.
Mayor Suarez: Why don't you second for purposes of discussion?
Mrs. Kennedy: Let me just... this is not your money.
Mr. Plummer: This is not an additional one hundred and thirty-five?
Mrs. Kennedy: It is one hundred and thirty-five that you already approved.
Mayor Suarez: The same one hundred and thirty-five now in the form of an
ordinance.
Mrs. Kennedy: So that the Trust can function, so I move it.
Mr. Plummer: It is just transferring?
Mr. Dawkins: Under discussion.
Mayor Suarez: It is just passing as an ordinance.
Mr. Odio: This is so that they can have the capital enough for the remainder
of the year, so they can operate the park.
Mr. Plummer: In other words, the whole total is $135,000?
Mr. Odio: Yes. sir.
Mr. Plummer: After they promised to make $100,000?
Mrs. Kennedy: No.
Mr. Dawkins: Under discussion!
Mr. Plummer: No, you did, and then you got another $35,000.
150 July 14, 1988
a
Mrs. Kennedy: No, no -and then you tried for us to make it $100,000.
Mayor Suarez: Commissioner Dawkins. Did you second that for purposes of
discussion at least, J. L.? This item, second?
Mrs. Kennedy: Yes.
Mr. Plummer: For discussion, yes.
Mayor Suarez: Thank you. Commissioner Dawkins.
Mr. Dawkins: I made the motion for the $135,000, but when I made the motion
for the $135,000, that was prior to them receiving...
Mr. Plummer: I'm listening!
Mayor Suarez: We'll get it worked out. It doesn't matter where it comes
from, so long as you get it.
Mr. Plummer: Anne, you are going to get fired, your boss is getting mad!
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: When I made the motion, I made the motion that they needed
$135,000 in which to operate for the year. Since that time, the Bayfront Park
has been awarded $750,000, or there about, from the State of Florida. Where
does that put this $135,000?
Mrs. Kennedy: No, sir, the State had allocated $1,500,000 for Bayfront Park,
of which we got $750,000, last year. This year, instead of getting the other
$750,000, they told me that they would give us $500,000 with an additional
$250,000 next year. The money has not been received yet, but it is allocated
to finish the south end portion of the park.
Mr. Dawkins: Allocated for what?
Mrs. Kennedy: For the south end portion.
Mr. Dawkins: There is no way in the world for you to take $135,000 from that
south end of the park and manage the park.
Mrs. Kennedy: No siree.
Mr. Dawkins: I went through this last year and lied to all of you. I am not
going to lie to you this year. I am going up to the State of Florida, I am
going up in September, and I am going to tell them that you have given
$750,000 to Bayfront Park, you gave $500,000 to Bayfront Park, and it is time
that you give something to the other parks in the City of Miami, and if you
think of giving another $250,000 to Bayfront Park, you are crazy as hell!
Mrs. Kennedy: I agree, and you and I in fact, went this year to lobby for the
inner-city parks.
Mr. Dawkins: You told me last year you were going with me to help me get the
$750,000. You did not do that, Commissioner Kennedy. You went up there and
got $500,000. Now, sitting right here in this chamber...
Mrs. Kennedy: No, no, I didn't...
Mr. Dawkins: Yes, you did, yes, you did!
Mrs. Kennedy: The $500,000 that I got is the money promised the year before
that.
Mr. Dawkins: No, Commissioner Kennedy, Commissioner Kennedy!
Mrs. Kennedy: Go read the_ solution.
Mr. Dawkins: You said, you said if I sent along, when we went along with the
$750,000, I said I am going up there to attempt to get a $750,000 for the
inner-city parks, and you said, "I will go with you." And when I got up
there - and let me just say, it is not her fault - when she got up there with
151 July 14, 1988
me, the lobbyist who we paid had already put it in, so they must have been
working for Bayfront Park, and not for the City of Miami, but if they do it
this year, I guarantee you they will not be the lobbyists.
Mayor Suarez: You got another vote from me on that, because I don't want to
spend $150,000 for a lobbyist when we end up doing most of the work ourselves
anyhow. OK.
Mrs. Kennedy: You can keep you head and those around yours.
Mr. Plummer: Well, mine is better.
Mr. Dawkins: No further discussion.
Mrs. Kennedy: You can keep your head and those around you are losing theirs,
and blaming it on you.
Mayor Suarez: Item 66, we have a motion and a second, read the ordinance and
give the reason for the emergency.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF
ORDINANCE NO. 10321, ADOPTED SEPTEMBER 22, 1987, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1988, BY INCREASING THE
APPROPRIATIONS TO THE DEPARTMENT OF PARKS, RECREATION
AND PUBLIC FACILITIES BY $135,000 FOR THE OPERATING
BUDGET OF THE BAYFRONT PARK MANAGEMENT TRUST, AND BY
INCREASING REVENUES IN THE SAME AMOUNT FROM THE
SUNSHINE STATE BOND POOL PROCEEDS - INTEREST EARNINGS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer, 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:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING FIRST ROLL CALL:
Mr. Plummer: I'll vote yes, but next year you better find sources other than
the General Fund.
Whereupon the Commission on motion of Commissioner Kennedy and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
* NOTE: Although absent on roll call, Commissioner De Yurre later requested of
the City Clerk to be shown as voting with the motion.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10457.
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.
152 July 14, 1988
•
55. SECOND READING ORDINANCE: AMEND CODE CONCERNING MEMBERSHIP OF THE MIAMI
GENERAL EMPLOYEES AND SANITATION EMPLOYEES RETIREMENT TRUST.
----------------------------------------------------------------------------
Mayor Suarez: Item 67.
Mr. Plummer: You moved it before.
Mrs. Kennedy: This is second reading, I move it.
Mr. Plummer: I'll second it.
Mayor Suarez: Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA AS AMENDED, TO ADD AND REMOVE CERTAIN
POSITIONS WHERE PERSONS EMPLOYED IN THOSE POSITIONS
ARE CONDITIONALLY ALLOWED TO REJECT MEMBERSHIP IN THE
CITY OF MIAMI GENERAL EMPLOYEES AND SANITATION
EMPLOYEES RETIREMENT TRUST (RETIREMENT PLAN) OR THE
CITY OF MIAMI FIRE FIGHTERS AND POLICE OFFICERS
RETIREMENT TRUST (RETIREMENT SYSTEM); FURTHER ADDING
CONDITIONS FOR REJECTION OF MEMBERSHIP IN THE
RETIREMENT SYSTEM; AUTHORIZING DISTRIBUTION OF
CONTRIBUTIONS MADE BY AND ON BEHALF OF SUCH PERSONS
FILLING THOSE POSITIONS AS PROVIDED FOR IN A TRUST
AGREEMENT APPROVED BY THE CITY COMMISSION; DELETING
OTHERWISE LIMITING RESTRICTIONS UPON SUCH
DISTRIBUTION; FURTHER REMOVING AN ADDITIONAL OPTION BY
THE CITY MANAGER TO REJECT MEMBERSHIP IN THE
RETIREMENT PLAN OR RETIREMENT SYSTEM AND HAVE A
SEPARATE RETIREMENT BENEFITS ACCOUNT ESTABLISHED FOR
HOLDING CONTRIBUTIONS MADE BY AND ON BEHALF OF THE
CITY MANAGER; FURTHER ADDING LANGUAGE SPECIFICALLY
SETTING FORTH THE REQUIREMENT OF UNINTERRUPTED MEMBER
SERVICE WHICH MUST BE MET BEFORE A VESTED RIGHT TO AN
EXECUTIVE BENEFIT MAY BE DEEMED TO HAVE EXISTED ON OR
BEFORE MAY 23, 1985; MORE PARTICULARLY AMENDING
SECTIONS 40-208(B), 40-214, 40-234 AND 40-241 OF SAID
CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 9, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Kennedy, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: None.
ABSENT: Mayor Xavier L. Suarez
* NOTE: Although absent on roll call, Mayor Suarez later requested of the City
Clerk to shown as voting with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10458.
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.
153 July 14, 1988
------------------------------------------------------------------------------
56.1 SECOND READING ORDINANCE: CREATING THE MIAMI WATERFRONT ADVISORY BOARD.
------------------------------------------------------------------------------
Mrs. Kennedy: Item 68 is also second reading, creating a Waterfront Board.
Mr. Plummer: I moved it before, I'll move it again.
Mrs. Kennedy: Is there a second?
Mr. Dawkins: Second.
Mrs. Kennedy: Thank you.
AN ORDINANCE -
AN ORDINANCE CREATING AND ESTABLISHING A MIAMI
WATERFRONT ADVISORY BOARD, CONSISTING OF TEN (10)
MEMBERS FOR THE PURPOSE OF REVIEWING AND EVALUATING
ISSUES RELATED TO THE USE AND DEVELOPMENT OF CITY -
OWNED WATERFRONT PROPERTY AND FOR THE GIVING OF ADVICE
TO THE CITY COMMISSION CONCERNING SUCH OTHER MATTERS
AS ARE REFERRED TO IT BY THE CITY COMMISSION IN REGARD
TO CITY OR PUBLIC LAND ABUTTING WATER; DESCRIBING THE
METHOD OF APPOINTING MEMBERS TO THE BOARD; SETTING
FORTH ORGANIZATIONAL AND OPERATIONAL DETAILS,
INCLUDING TERMS OF OFFICE, REMOVAL OF MEMBERS, AND
SELECTION OF A CHAIRPERSON; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN THE CITY CODE.
Passed on its first reading by title at the meeting of June 9, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10459.
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.
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56.2 DISCUSSION CONCERNING APPOINTMENTS TO THE BOARD OF THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA)
NOTE: AT THIS POINT THE CITY COMMISSION DISCUSSES RELATED ITEM 89
ALTHOUGH ITEM WAS NOT IDENTIFIED.
Mr. Plummer: Let me ask a question, not relating to this item here. This
Commission passed an ordinance increasing the amount of members from the DDA
from 19 to 29. I have not seen on any agenda where these appointments are to
be made.
Mr. Odio: Yes sir, I'll check into it right away.
154 July 14, 1988
46 6
Mr. Plummer: Is there a reason why we are not making those additional
appointments? Are we just supposed to go ahead and proffer them without it
being an item...
Mayor Suarez: Oh, no, we are almost ready. We are trying to get the
recommendations from Brickell.
Mr. Andolina: Peter Andolina. Yes, in fact a memo was sent out to all the
Commission members about ten days ago, indicating four people from the
Brickell area that had been suggested by the DDA Board to the Commission, and
then I advised that there were four more openings besides...
Mr. Plummer: But we are not bound by that.
Mr. Andolina: No, no, not at all.
Mr. Plummer: No.
Mayor Suarez: No, I just want to tell you though, that we are involved in
very difficult negotiations with Brickell Association, because they were told
when they first came aboard as members of DDA, that they would have
proportional representation. That was done before I was elected and that has
never been implemented until now and just keep that in mind, please, as your
consider your appointments.
Mr. Plummer: Well, I mean, how long are we going to wait before we make these
appointments?
Mayor Suarez: Yes, when are these up for determination by the Commission if
they are not on the agenda today?
Mr. Plummer: No, only reappointments are up today.
Mr. Andolina: There are five reappointments today, the four people from the
Brickell area that were nominated by our board were presented...
Mr. Plummer: I'm not talking about reappointments. I'm talking about the ten
new...
Mayor Suarez: The eight new ones, when are those up for appointment?
Mr. Andolina: OK, four names that were suggested by our board have been
presented to the Commission.
Mayor Suarez: So you are saying it is up to us to schedule it and get it
done.
Mr. Andolina: Well, in the memo I asked that if the Commission were agreeable
to these four names and the Brickell people are supposed to contact each
Commissioner to see if they would be agreeable to sponsor one or more of these
four names, the...
Mr. Plummer: Well, since we are not bound to it, Mr. Manager, would you put
it on the next agenda of the 21st?
Mayor Suarez: Yes, that is the whole point, I mean...
Mr. Odio: The agenda of the 21st is closed, Commissioners. We had to print
it today and we have a very...
Mayor Suarez: No, but we have to get those appointments done. It is just a
matter of making our appointments.
Mr. Odio: I'll have to get a supplemental done.
Mayor Suarez: Yes.
Mr. Plummer: That will be fine.
155 July lk, 1988
0
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57. SECOND READING ORDINANCE: ESTABLISH RATES OF OFF STREET PARKING METERS,
GARAGES AND LOTS.
Mayor Suarez: OK, we are on 69.
Mrs. Kennedy: Move 69.
Mayor Suarez: 69 moved.
Mr. Plummer: You moved it?
Mayor Suarez: Do we have a second on 69? You second?
Mr. Dawkins: Second. I always look left, I think I will start looking right
over here. OK, seconded. Any discussion? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 35-91, 35-92, 35-93 AND
53-161(3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY ESTABLISHING RATES AT CERTAIN ON -STREET
PARKING METERS AND CERTAIN OFF-STREET PARKING LOTS;
ESTABLISHING RATES AT MUNICIPAL PARKING GARAGES;
FURTHER PROVIDING AN EFFECTIVE DATE OF OCTOBER 1, 1988
FOR THE HEREIN RATE INCREASES; RATIFYING AND
CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD
AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED;
FURTHER AUTHORIZING THE OFF-STREET PARKING BOARD TO
DEVELOP EXPERIMENTAL RATE STRUCTURES AND TO INITIATE
RATES FOR NEW FACILITIES DURING THE FISCAL YEAR;
APPROVING A PROJECTED ANNUAL OPERATING REVENUE
INCREASE OF SIX (6%) PERCENT INSTEAD OF THE PROPOSED
FOUR (4%) PERCENT INSTALLATION OF ADDITIONAL PARKING
METERS AS PROPOSED BY SAID BOARD IN ITS CURRENT FIVE
YEAR STRATEGIC AND FINANCIAL OPERATIONS PLAN;
REQUIRING ADVANCE CITY COMMISSION APPROVAL FOR ANY
TRANSFER OF FUNDS IN EXCESS OF $5,000 BETWEEN LINE
ITEMS IN THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-
STREET PARKING FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1989; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 9, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Kennedy, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10460.
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.
156 July 14, 1988
0
58. APPROVE ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FY 88-89.
Mayor Suarez: Item 70.
Mrs. Kennedy: Move 70, second reading.
Mayor Suarez: Item 70 has been moved on...
Mr. Plummer: No, that is a resolution, it is not a second reading.
Mayor Suarez: Approving the annual budget, moved.
Mr. Plummer: $6,000,0001
Mayor Suarez: Do we have a second? Do we have a minute? Please second.
Mr. Plummer: An hour? Second.
Mayor Suarez: Any discussion? Call the roll on 70.
Mr. Dawkins: What are non -operational expenses of $3,000,000?
Mayor Suarez: Sounds like capital expenditures. Jack? Why don't you call
them capital, if you mean capital, instead of non -operational, whatever that
means?
Mr. Jack Mulvena: Yes, sir, they are depreciation expenses and debt services
expenses outside of operating expenses.
Mayor Suarez: Payment of bonds?
Mr. Mulvena: Right.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-659
A RESOLUTION APPROVING THE ANNUAL BUDGET OF THE
DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 1988 AS ENDING SEPTEMBER 30,
1989 IN THE AMOUNT OF $6,707,933, AS ATTACHED, TO
PROVIDE FOR THE OPERATION OF THE ENTIRE DEPARTMENT OF
OFF-STREET PARKING, EXCLUDING DEPRECIATION AND OTHER
NON -OPERATING EXPENSES OF $2,986,965 AS DESCRIBED IN
THE BUDGET MESSAGE AND BUDGET MATERIALS ATTACHED
HERETO.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: This is with the understanding about the line item provision.
Mr. Fernandez: Yes, that was part of the ordinance that was passed.
157 July 14, 1988
Mr. Plummer: This is for the total budget? Yes.
COMMENTS MADE AFTER ROLL CALL:
Mr. Plummer: Which is the item in relation to the garage downtown that we are
having to pay $1,000,000 in subsidy a year? What item is that?
Mr. Dawkins: 72.
Mr. Mulvena: It is the second one coming up after this. This the
department's budget.
Mr. Plummer: 72? - because that is the one I want to vote... no, that is
World Trade at 72. I am talking about the one that is costing this City
$1,000,000 a year!
Mrs. Kennedy: 73.
Mr. Dawkins: 73.
Mr. Mulvena: Downtown Government Center garage, yes.
Mr. Plummer: 73? - because I am going to vote to sell the damn place. Three
years in a row we have put $1,000,000 in.
Mayor Suarez: I've had feelers of people that I have referred, I believe to
you Jack, that want to buy parking facilities.
Mr. Plummer: Great!
Mr. Mulvena: We will be making appointments with them.
Mayor Suarez: Very good, because it doesn't make any sense for us to hold on
to them, if people want to buy them, take them off our hands.
Mr. Plummer: You are in no hurry to make an appointment as long as deep -
pocket City of Miami is paying you that $1,000,000 to pay off the bonds and
everything.
Mr. Mulvena: No, we move as quickly as possible.
Mr. Plummer: We'll find out.
Mr. Mulvena: End of summer.
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59. APPROVE ANNUAL BUDGET FOR GUSMAN CENTER AND OLYMPIA BUILDING FY 88-89.
Mayor Suarez: Item 71.
Mr. Plummer: Gusman Center.
Mayor Suarez: Eight ninety five. How close are we on that?
Mr. Plummer: What happened with the Sunshine State loan?
Mayor Suarez: We haven't acted on the...
Mr. Plummer: No, that was the 24th of June was the deadline. What happened?
Mr. Jack Mulvena: No, you have applied for it.
Mayor Suarez: No, no, we applied it, we got it.
Mrs. Kennedy: We got it.
Mr. Mulvena: Yes, you have applied for it, you have it in the bank to be used
at your discretion.
158 July 14, 1988
U
Mr. Plummer: Oh, it was granted?
Mrs. Kennedy: Yes.
Mr. Mulvena: Yes, you have it.
The City now has that money in the bank.
Mr. Plummer: Somebody notified you?
Mrs. Kennedy: Talk to Jack. I asked him, yes.
Mr. Plummer: Did you notify us by memo, that that was awarded?
Mr. Mulvena: I didn't, because I think it is the City that has applied for
it, and the City now has it in their bank, not ours.
Mr. Plummer: Did anybody notify us that that award was granted?
Mayor Suarez: Well, it is not... you know, we are participating in a loan
pool, I mean, we got the loan, as we applied for it.
Mr. Plummer: We are backing it 100 percent, I would like to know if it is
approved.
Mrs. Kennedy: I knew about it because I asked Jack and he said...
Mayor Suarez: But we expected it to be approved, I mean...
Mr. Rodriguez: In your packet item 147, it shows, that was pulled out today,
it shows that Sunshine loan was approved.
Mr. Mulvena: Yes.
Mr. Plummer: And it was approved back on the June 24th.
Ms. Miriam Maer: Mr. Commissioner, the loan was approved back in December, I
believe, and what happened at that Commission meeting where we all discussed
that issue, was the City Commission authorized the Manager to sign the loan
agreement which would then result in immediate disbursement of the funds. It
wasn't a question of being approved.
Mr. Plummer: But at this point, there has been no distribution of funds?
Mr. Rodriguez: No, sir.
Mr. Plummer: None.
Ms. Maer: The City has the funds.
Mr. Rodriguez: Excuse me, there is some Bond Counsel payment that we have
made, which we mentioned to you when we brought it before you on that special
meeting of June...
Mr. Plummer: Yes, but Mr. Cardenas, if for whatever reason, that money is not
used for Gusman, has agreed to pay back whatever that money is that is
expended. He made that promise on that microphone.
Mr. Rodriguez: There's a statement that was received by the Law Department.
Maybe we can get a comment from them.
Ms. Maer: Subsequent to the last Commission meeting, where Off -Street Parking
changed their position from their absolute 70 percent guarantee, we got a
subsequent letter from the Mr. Cardenas, indicating that his blanket
indemnification was modified to some extent. It wasn't a very clear...
Mr. Plummer: How come we didn't get a copy of that? You know, you guys ask
us to sit up here and make decisions, then you tell us there is a whole lot of
information we don't know a damn thing about, and then we get criticized for
making decisions about something that we didn't know. I am not trying to
plead innocent, but damn, if we are going to be making decisions, we should
have all of the equipment and all of the information available. We were never
notified of the approval of the fund, now you are telling me that this thing
has been modified. What in the hell is going on?
159 July 14, 1988
Mr. Rodriguez: Commissioner Plummer, you have in a memo written to you on
July 7th with all the information. It is just that we pulled the item off the
agenda today because we want to bring everything to you in one package. All
that information is in a package, detailed for your complete edification.
Mr. Dawkins: What bank is the $24,000,000 in?
Mr. Rodriguez: I'm sorry, I cannot hear you.
Mayor Suarez: What bank is the $24,000,000 in?
Mr. Plummer: It is not $24,000,000.
Mr. Rodriguez: It is six point one twenty-one, or something like that.
Mr. Dawkins: What bank?
Mayor Suarez: What bank have we placed that deposit in?
Mr. Rodriguez: I have to ask Carlos.
Mr. Dawkins: Somebody find out, and I bet it is a bank that doesn't do any
business with the City of Miami.
Mr. Rodriguez: Yes, but wait until we put the money out.
Mr. Plummer: Where is Mr. Garcia? Back playing poker in the COW room.
Mayor Suarez: When you answer that, answer what criteria we used for placing
it in that bank. OK, on 71, on the operating budget of Gusman Center. How
close are we to breaking even on that. Are we getting closer or is it always
going to be a loss, or what, Jack? Inherent in the operation of that kind of
a facility to lose money, or what?
Mr. Mulvena: You are talking about the Olympia-Gusman?
Mayor Suarez: Well, I thought this was just Gusman. Is it both Olympia and
Gusman?
Mr. Mulvena: Well, we have both the Olympia Building and Gusman are the.....
Mayor Suarez: We are losing abut $300,000 a year?
Mr. Mulvena: Yes, surprising, the Gusman Center this year is coming close to
breaking even, and wisely get another opportunity with our two shows of Evita
within your fiscal year to make that even closer.
Mr. Plummer: Well, what are your projections showing now that the arena is
open?
Mr. Mulvena: We are a very different house. We have 1,700 seats, therefore
we appeal to an entirely different audience, J.L. You know, the Evita type of
show, the small comedian, that type of thing - popular singer.
Mr. Plummer: Mr. Garcia, we want to know where the money is? It is a small
item, it is only $6,200,0001
Mr. Carlos Garcia: It's in the bank. We have pooled cash, that means we keep
all the cash together and then we invested funds, as investments mature, so I
couldn't tell you specifically which bank that money is in, but probably would
be Capital Bank, or Glendale Federal, which are some of the banks that we use
most of the time, to do regular investments of the City, but we have the
monies in the bank.
Mr. Dawkins: Name me the six banks we deal with.
Mr. Garcia: Right now, Commissioner, most of the C.D. Is, deposits that we
have with banks are in three banks. Off hand...
Mr. Dawkins: City Bank...
160 July 14, 1988
Mr. Garcia: No, one is Glendale Federal, I believe.
Mr. Dawkins: Glendale Federal.
Mr. Garcia: Capital Bank.
Mr. Dawkins: Capital Bank.
Mr. Garcia: I think, Total Bank.
Mr. Dawkins: Which?
Mr. Garcia. Total Bank.
Mr. Dawkins: Total Bank.
Mr. Garcia: Those are the three banks that we are using, where we have most
of the city's investments, except that we have a large amount of investments
in commercial paper, of major companies, like General Motors, and of Ford, and
companies like that.
Mr. Dawkins: OK, now, how many projects in the City of Miami has Glendale
financed?
Mr. Garcia: I don't have that information, Commissioner. We have gone
through all those banks to get information related to red -lining and
information that we received was satisfactory. Now, we go with those banks
that give us the highest rate at the particular time.
Mr. Dawkins: Give me the total amount of money that Glendale Bank has
invested in the City of Miami in low income housing, in affordable housing, in
helping businesses, small businesses, go in business. I don't want to know
nothing about your interest rate and etc. I am not interested in that.
Mr. Garcia: Well, I don't have that information, Commissioner, with me. I'll
have to obtain that, I don't have that.
Mr. Dawkins: Well all right, give it to me for Capital Bank.
Mr. Garcia: I don't have it for any of those banks, sir.
Mr. Dawkins: OK, give it to me for Total Bank.
Mr. Garcia: I don't have it for any of those banks. I'll have to get it.
Mr. Dawkins: You see, Mr. Manager, how is it that I constantly sit here and I
have told Mr. Garcia, over and over, not to do business with those banks that
does not do business with us in the City of Miami, and yet, he continues to
come here before us, and when I ask the question, he does not know. I mean,
what do I have to do in order to get you and him to understand when I ask a
question, you should have the answer.
Mr. Garcia: Commissioner, if had known that you had that question today...
Mr. Dawkins: I've had it every damn time since you come up here? This is
nothing new to you.
Mr. Garcia: I will be able...
Mr. Dawkins: This is nothing new to you! I ask this question every time you
come up here!
Mr. Odio: Commissioner, what I do know is that we are preparing
recommendations for the next year's accounts and that the criteria that has
been used, one of the number one criteria is the contribution to this
community, and we will...
Mr. Dawkins: But you see...
Mr. Odio: Now, as far as the three, let me get you the answer right away.
161 July 14, 1988
0
0
Mr. Dawkins: That's fine, Mr. Manager. If this was the first time I had
brought this up, you are telling me, that what you are going to do would be
f ine.
Mr. Odio: No, no, sir. I will make sure we get you an answer today, because
they were supposed to follow that criteria.
Mr. Dawkins: Yes, but, your getting me an answer isn't worth a damn, because
your finance manager keeps doing the same thing over. See, and I am getting
to the point where I am holding you responsible.
Mr. Odio: You are right, and...
Mr. Dawkins: See, I cannot hire and fire him, OK? - so I have nothing to do
with personnel, but I do vote on your contract, and I am getting tired, Mr.
Manager, of telling you to tell your finance manager not to put the money of
the City of Miami in those banks that does not service the City of Miami.
Mr. Odio: You are right.
Mr. Dawkins: And he continues to do it! And you keep telling me about it is
right and I am going to do better!
Mr. Odio: We don't know that he has done that. Let me go and tell you what
these banks have done for this community and then you can judge that,
Commissioner. I will be glad to your information right away.
Mr. Garcia: Commissioner, if I may say this, we are required by City Charter
to invest the City's funds where we get the highest interest rate. Besides
that, every time the City Commission has asked us to look into those banks and
find out if they are red -lining or if that is money from the City. We have
done that and we have been able to qualify those banks.
Mr. Dawkins: To qualify, or disqualify?
Mr. Garcia: Qualify them. Only we use those banks that have been qualified
as meeting those requirements of the City Commission. Now, I don't have the
information on hand with me today, as to exactly where they have those
investments, because for one thing, that changes every day, so I don't have
that on hand, but I will be able to get you that information, Commissioner.
Mr. Dawkins: No, are you telling me that you are only investing money with
those firms that you have examined and you are sure they are meeting the
criteria we set up?
Mr. Garcia: Yes, sir.
Mr. Dawkins: I don't need nothing else but your word, but tell me! I mean, I
keep asking and you keep telling me about what I am going to do and what you
are going to do in the future.
Mr. Garcia: Well, what I am saying is...
Mr. Odio: Commissioner, I think sometimes we don't communicate. We did that
last year, we did it the year before. Right now we are in the process of
selecting the banks for next year, and I have rejected the number one bid,
which is the best deal for the City because the did not do anything for the
City of Miami, and that is the criteria we are using.
Mr. Dawkins: Well, I agree with you, Mr. Manager. If they are making money
off of our money and they are not putting it back into the City, that is the
not the best deal for the City, it is the best deal for them.
Mr. Odio: And we agree with that policy, and that is what we are doing.
Mr. Odio: As the movie says, what we have here is a failure to communicate.
You remember that movie, right?
Mr. Plummer: Are we having fun?
Mayor Suarez: Item 71 has been moved, has it?
162 July 14, 1988
Mr. Dawkins: Is it 71 or 75?
Ms. Hirai: No, sir.
Mayor Suarez: The budget of Gusman-Olympia, I entertain a motion on that.
Moved. Somebody second, please. You second? We have a second in the
audience? Appreciate it, sir!
Mr. Plummer: Was that Al Cardenas?
Mayor Suarez: This is just the operating budget. We have got to approve this
anyhow. I mean it is not really like it is particularly discretionary, if you
know what I mean, unless you want to close the place down.
Mr. Plummer: I second it, of course.
Mayor Suarez: Seconded. Any discussion? Call the roll real quick, before
they change their minds.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-660
A RESOLUTION APPROVING THE ANNUAL BUDGET OF THE
DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 1988 AND ENDING SEPTEMBER 30,
1988 IN THE AMOUNT OF $895,950, AS ATTACHED, TO
PROVIDE FOR THE OPERATION OF GUSMAN CENTER FOR THE
PERFORMING ARTS AND THE OLYMPIA BUILDING, EXCLUDING
DEPRECATION.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT:
Vice Mayor Rosario Kennedy
60. APPROVE ANNUAL BUDGET OF.WORLD TRADE CENTER GARAGE FY 88-89.
Mayor Suarez: Item 72. This is World Trade Center garage. How close are we
to breaking even-steven?
Mr. Mulvena: Well, the garage itself has already broken even, but it is part
of a much larger package, as you know - the Knight Center and the air rights
over top.
Mayor Suarez: OK, I meant on the garage.
Mr. Mulvena: On the garage we are already at a point of breaking even.
Mayor Suarez: We might make a little money on it?
Mr. Mulvena: Well, that is what we are projecting for this coming year and it
is a very conservative budget and we will breaking even. We are hoping that
much of the centers that get utilized will, you know, impact on the amount of
cars in the garage.
163 July 14, 1988
Mr. Plummer: What does your projected budget show as a projected profit for
this year?
NOTE FOR THE RECORD: At this point Mayor Suarez recognized by a show of hands
the number of individuals who were present for Agenda item No. 150 (Valet
Parking Proposal for Day Ave.)
Mr. Mulvena: J.L., I have that figure for you. For the FY 188-'89 budget, we
are projecting a net profit of $91,000, and of course, that includes, however,
you know, the retail space and also the air rights which are counted into that
particular aspect.
Mr. Plummer: It all goes into the pot and it is not on the subsidy side.
Mr. Mulvena: Right.
Mayor Suarez: OK, is that the first time we'll ever make a profit on that?
Mr. Mulvena: It is yes. This is the first year that we are... I think we
will do better than that, if you noticed, we have a very conservative budget
this year.
Mayor Suarez: When you take the overall operation of the center, what does it
come out to be, what debt service, the loss?
Mr. Mulvena: When you take the entire... I don't have that figure, but it
certainly is a loss because of the debt service.
Mayor Suarez: Do you remember what the debt service is for next year?
Mr. Mulvena: This for the Knight Center, I don't have the whole package,
Mayor.
Mr. Plummer: For everything? About four, two. It's the last number I heard.
Mr. Mulvena: I'm afraid to say that. My director of finance informs
me that that might be a $5 million dollar debt service for the entire complex.
Mr. Plummer: My last figure was 4.2.
Mayor Suarez: What other - wait, wait because maybe this other - what other
items of income might go to offset that besides the one you've given us from
the operation of the garage?
Mr. Plummer: If we can ever get the University of Miami to use...
Mayor Suarez: Oh, OK, it would be the revenue from the use of the facility.
And we have no idea what that will be next year, Tony? I'm just trying to get
an idea of what we'll lose on the Knight Center next year as long as we're at
this.
Mr. Pajares: Mr. Mayor, with the refinancing of the bonds, the deficit is
projected to be $1.9 million this year for the whole center.
Mayor Suarez: Beautiful, beautiful.
Mr. Plummer: Now, wait a minute, Tony, while you're there at the
microphone...
Mr. Pajares: Yes, sir.
Mr. Plummer: We...
Mayor Suarez: And anything - wait, wait, J.L., anything in excess of that
you'll reimburse out of your own pocket next year? That smile, I know that
that means that you're...
Mr. Plummer: Tony, while you're at the microphone.
Mr. Pajares: Yes, sir.
164 July 14, 1988
Mr. Plummer: This Commission instructed you and the administration to kick
the University of Miami in the proverbial. How much have they used their
facility in the last twelve months?
Mr. Pajares: They are using it now mostly for classes which is kind of
disturbing and in a way, they have a right to do that at night, evening
classes.
Mr. Plummer: That's it.
Mr. Pajares: They do some conferences, but they do not have most of the
conferences from the University there, no. And, Commissioner, the Hyatt
people have tried, and I think even the University has tried. It's the
professors, they have academic freedom and they have tenure and they chose to
do the conferences wherever they want.
Mr. Plummer: I would ask the City Manager that he sit down with Dr. Foote and
remind the University of Miami that we allowed them in that $200,000,000
project for $3.2 million dollars predicated on their study that said that they
would be bringing 100,000 professionals a year for continuing education. That
this City is suffering because they have not kept their promise. Mr.
Manager...
Mr. Odio (OFF MIKE): Yes, sir.
Mr. Plummer: ... you'll do that for me?
Mr. Odio (OFF MIKE): Yes, sir.
Mr. Plummer: Thank you. I want a report back at the next meeting, please.
I'd like a report back at the next meeting.
Mayor Suarez: OK, I'll entertain a motion on item 72, budget for the World
Trade Center garage. Moved.
Mr. Plummer: Oh, World Center? Oh yes, with a profit I'll be glad to second.
Mayor Suarez: Second.
Mr. Odio: I'm not happy with one but is that...
Mayor Suarez: The alternative is to close it down and, I guess, nobody's
proposing that at this point.
Mr. Odio: No, the alternative is to create more revenues in that garage.
Mayor Suarez: Well, that's always an alternative.
Mr. Odio: No, we are not using the whole garage and that's what I'm...
Mayor Suarez: Well, if you come up with any creative ideas, make sure you
incorporate them into the budget and bring us back a report that we did much
better than expected. Call the roll otherwise.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-661
A RESOLUTION APPROVING THE ANNUAL BUDGET OF THE WORLD
TRADE CENTER GARAGE FOR THE FISCAL YE,r, COMMENCING
OCTOBER 1, 1988 AND ENDING SEPTEMBER 30, 1989 IN THE
AMOUNT OF $706,710, AS ATTACHED, TO PROVIDE FOR THE
OPERATION OF THE WORLD TRADE CENTER GARAGE, EXCLUDING
DEPRECIATION OF $330,000.
(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:
165 July 14, 1988
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
61. APPROVE ANNUAL BUDGET OF DOWNTOWN GOVERNMENT CENTER GARAGE FY 88-89
Mayor Suarez: Seventy-three is downtown government center garage.
Mr. Plummer: Move to deny.
Mr. Dawkins (OFF MIKE): Second. What am I denying?
Mrs. Kennedy (OFF MIKE): That's the one you like.
Mayor Suarez: This is the one that we're talking about possibly selling?
Mr. Plummer: Yes.
Mr. Dawkins: What item?
Mayor Suarez: Seventy-three, is the budget for the downtown government
center.
Mr. Plummer: The one that we're subsidizing a million dollars a year.
Mr. Odio: We're now doing the - what we've been talking about for two years
of bringing in the police cars in there.
Mayor Suarez: Is that going to reduce the losses substantially?
Mr. Odio: We should try...
Mr. Mulvena: Yes.
Mr. Plummer (OFF MIKE): It won't break it even. It can't break it...
Mr. Mulvena: It's actually - Mr. Mayor, it's not going to impact on your
facility but it's going to allow the Miami police department to save all the
money they presently use to store...
Mayor Suarez: And that won't show up in your budget as income to you?
Mr. Mulvena: Well...
Mayor Suarez: It will just show up as savings in their budget?
Mr. Mulvena: Well, yes, we could do it two ways. You know, my way, of
course, would be to pay a little rent...
Mayor Suarez: Oh. We can always do it two ways. I'm surprised that you're
the only agency in the City that doesn't manage to figure out a way to get the
other ones to make intergovernmental transfers here now. Particularly when
you're a separate agency, Jack.
Mr. Mulvena: Yes.
Mayor Suarez: Is that because you're a nice guy. I'll bet you Roger would
have done it differently.
Mr. Mulvena: Think so?
166 July 14, 1988
0
Mrs. Kennedy: Realistically speaking, Jack, how close are we to breaking
even?
Mr. Mulvena: No, you really cannot break even on that garage...
Mr. Plummer (OFF MIKE): That's why I say sell it.
Mr. Mulvena: ... given the debt service. The debt service is over a million
dollars. To give you an example, the operating budget that we're presenting
to you is three hundred plus thousand which we double in revenues. We're
making seven hundred and some thousand. We have 1,400 monthlies in there and
the facility only holds 1,100 and yet we still have the top available for the
Miami Police Department. So we're doing about all one can given the $55 a
month rate structure which is about $20 under the other facilities, only
because of where it's located. So, you know, I really question what more one
could do unless you talk about different departments picking up things.
Certainly if we raised the rate to $75, that would certainly, you know,
improve the revenue but the major users of the facility, of course, are the
City Administration building and other people in that area. So, you know, my
best judgment as your manager is, I think we're gone as far as we can unless,
of course, we get another big tenant in there to use the roof top of the
facility and then, of course, we'll be making more revenue. So I think the...
Mayor Suarez: I'll entertain a motion on the items so we can keep the garage
open, and you're looking for a buyer, right? You're making those
appointments, all prospective buyers?
Mr. Mulvena: Yes, we will. We'll give a report back at the very next
meeting.
Mayor Suarez: OK. I'll entertain a motion.
Mr. Plummer: Well, we got to pay it, we got no choice.
Mrs. Kennedy: Yes, we got no choice.
Mayor Suarez: Moved and seconded. I understood that to be a motion and a
second.
Mr. Dawkins: What item is this?
Mrs. Kennedy: Seventy-three.
Mayor Suarez: Seventy-three.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: You know, when Roger Carlton was there, I complained because you
guys did not have any assistant latin or black. Then, they went all over the
world and they found you. Now, he left and after I raised all this sand about
you, who is your assistant?
Mr. Mulvena: I don't have a deputy, I have two directors; one for operation
and one for finance. My director...
Mr. Dawkins: What was your title with Roger?
Mr. Mulvena: I was the deputy executive director.
Mr. Dawkins: OK. Now, and you have two what?
Mr. Mulvena: I have two directors.
Mr. Dawkins: All right, when you leave, who's in charge? When you leave
town.
Mr. Mulvena: I either appoint the director of finance or the director of
operations. One of the two.
167 July 14, 1988
Mr. Dawkins: So there's really never no continuity because you don't know
who's going to be in charge.
Mr. Mulvena: No, we're a pretty close knit management group there.
Mr. Dawkins: The guy that runs around with you, what is he?
Mr. Mulvena: My director of finance.
Mr. Dawkins: Um hum. And your other - OK, what directors do you have?
Mr. Mulvena: Yes, we have a Cuban and we have a woman in our two director
positions and I think I shared with you before, Commissioner, that our top
twelve managers are 80 percent minority.
Mr. Dawkins: All right, top twelve.
Mr. Mulvena: Right.
Mr. Dawkins: Start with the top six. The top six are what nationalities?
Mr. Mulvena: Well, once you go down one line, there are more than six...
Mr. Dawkins: No, no, no, no, now.
Mr. Mulvena: OK, I'll go ahead.
Mr. Dawkins: No, no, no,. No, no, no. Just bear with me.
Mr. Mulvena: The top six, OK, I'll...
Mr. Dawkins: The top six are what? Name them for me. You...
Mr. Mulvena: OK, myself, Dan Morhaim, Karen Wilson, OK. And then we start
with Cliff Vaughn and Juan Alam...
Mr. Dawkins: OK, that's good. Your salary?
Mr. Mulvena: $79,900.
Mr. Dawkins: All right, the next salary.
Mr. Mulvena: It varies in the low 70's to the high 601s.
Mr. Dawkins: The next salary.
Mr. Mulvena: Between 40 and 50.
Mr. Dawkins: You drop from 70 to 40?
Mr. Mulvena: No, we drop from the 70's to the 60's to the...
Mr. Dawkins: Thank you. Sixty, and the next one.
Mr. Mulvena: That's between 40 to 50 depending on tenure.
Mr. Dawkins: All right, 50. All right, the next one.
Mr. Mulvena: Well, by progressions of tens.
Mr. Dawkins: All right, now let's take the bottom five. All right, who are
they?
Mr. Mulvena: Of the management? Of the twelve, the bottom five of that
twelve number? Well, they're all in the same administrative line but I'll
read them across further. Susan Eckel, Felicia Suttle, Art Brawn and Dan
Rosemond.
Mr. Dawkins: How many of them earn $70,000?
Mr. Mulvena: On that line, just one. He's been with us for thirty some
years.
168 July 14, 1988
Mr. Dawkins: All right, how many of them earn fifty thousand?
Mr. Mulvena: One.
Mr. Dawkins: All right, how many of them earn forty thousand?
Mr. Mulvena: The rest.
Mr. Dawkins: How many of them earn thirty thousand?
Mr. Mulvena: None.
Mr. Dawkins: So you got - all your seventy thousand to sixty thousand in the
first five. Now, go back and tell me the ethnic makeup of the first five.
Mr. Mulvena: Male caucasian is the executive director, the other two
directors are female Anglo...
Mr. Dawkins: All right, I'll run it by you again. We got American black and
American latin and American white. Now, where do they fit in that?
Mr. Mulvena: These are our assistant directors?
Mr. Dawkins: The first five.
Mr. Mulvena: The first five. OK, you want to know what their title is and
also their...
Mr. Dawkins: I don't care what they call themselves, you tell me what you got
on their payroll, what you got them down as.
Mr. Mulvena: OK, let me go across that line for you. It's Cliff Vaughn, is
our assistant director for finance and he's a black male.
Mr. Dawkins: OK.
Mr. Mulvena: And if you go further over on the line, you have...
Mr. Dawkins: No, no, no, no, no. See, you see, you keep mixing apples and
oranges. Just give me the top five. Are they on the line, under the line or
across the line? Just the top five.
Mr. Mulvena: OK, then I will read - well, I'll include the top five. The
next one is Felicia Suttle, she's a black...
Mr. Dawkins: In the top five.
Mr. Mulvena: ... she's a black female.
Mr. Dawkins: In the top five.
Mr. Mulvena: Yes, in the top five. And in the other final member of the top
five, is a black male, Dan Rosemond.
Mr. Dawkins: So you got three black males...
Mr. Mulvena: No, that makes two black males, one black female, one male
Hispanic, a male Anglo, that's myself, and a female Anglo.
Mr. Dawkins: That's six. OK?
Mr. Mulvena: OK.
Mr. Dawkins: Now, the female Anglo, what's her salary?
Mr. Mulvena: The female Anglo is the other director and her salary is sixty-
four or something like that.
Mr. Dawkins: OK, I bring all that to you to tell you, when you bring your
budget back, if you haven't cleaned up your act, don't bring it in here. OK?
Now, I went through this with Roger Carlton and one thing I can say, you have,
169 July 14, 1988
since the time you've been there, you've made more ground work than he has.
So I'm willing to go along but continue to show improvement. OK?
Mr. Mulvena: We will, we're trying to improve that.
Mr. Dawkins: OK, thank you.
Mayor Suarez: OK, we have a motion on seventy-three and a second. Any
further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-662
A RESOLUTION APPROVING THE ANNUAL BUDGET OF THE DOWNTOWN
GOVERNMENT CENTER GARAGE FOR THE FISCAL YEAR COMMENCING
OCTOBER 1, 198B AND ENDING SEPTEMBER 30, 1989 IN THE
AMOUNT OF $356,685, AS ATTACHED, TO PROVIDE FOR THE
OPERATION OF DOWNTOWN GOVERNMENT CENTER GARAGE, EXCLUDING
DEPRECIATION.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
62. SECOND READING ORDINANCE: IMPOSING A DOWNTOWN DEVELOPMENT SUPPLEMENTAL
FEE TO ACCOMMODATE REGIONAL IMPACTS OF NEW DOWNTOWN DEVELOPMENT
------------------------------------------------------------------------------
Mayor Suarez: Seventy-five. Now, there was going to be an objection by...
Mr. Dawkins (OFF MIKE): Move.
Mayor Suarez: ... counselor on this and I believe that it's been resolved.
Do we have anyone else that wishes to be heard on this from the general
public? Otherwise, you moved it.
Mr. Dawkins: Moved it.
Mr. Joe McManus: Mr. Mayor, there's a matter of clarification...
Mayor Suarez: Joe.
Mr. McManus: On your agenda there, we have met with developers and we've made
one change in the ordinance so it is possible to pay at the time of issuance
of building permit. OK. And then, on first reading at the last meeting,
there was a three word change back on page seven, just points of
clarification, Mr. Mayor.
Mayor Suarez: OK and with those two minor modifications, do we have a motion,
do we have a second?
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Second. Any further discussion? Read the ordinance.
170 July 14, 1988
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, CREATING A
NEW CHAPTER 13.A OF THE CITY CODE IMPOSING A "DOWNTOWN
DEVELOPMENT SUPPLEMENTAL FEE" NECESSARY TO ACCOMMODATE
THE REGIONAL IMPACTS OF NEW DOWNTOWN DEVELOPMENT;
SETTING FORTH FINDINGS AND INTENT; PROVIDING THE
AUTHORITY THEREFORE; PROVIDING DEFINITIONS' PROVIDING
FOR EXEMPTIONS; PROVIDING FOR IMPOSITION OF FEES;
PROVIDING FOR DETERMINATION OF FEES; PROVIDING A
PROCEDURE FOR CALCULATION OF FEES; PROVIDING FOR
ADMINISTRATION OF FEES; PROVIDING FOR BONDING FEE -
RELATED PROJECTS; PROVIDING APPELLATE PROCEDURES; AND
PROVIDING EFFECT AND RELATIONSHIP TO OTHER FEES.
Passed on its first reading by title at the meeting of June 23, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, 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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10461.
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.
63. EMERGENCY ORDINANCE: APPROPRIATE $155,000 FROM BRICKELL AREA HOUSING
TRUST FUND FOR LOAN TO DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE SPECIAL
REVENUE FUND
Mayor Suarez: Seventy-six.
Mr. Joe McManus: Mr. Mayor, the fees that would be collected under 75 will
not actually start to be accrued for another 30 days...
Mayor Suarez: So you need to borrow from my Brickell...
Mr. McManus: ... and we need to front some money into this downtown DRI
supplemental fee.
Mr. Dawkins (OFF MIKE): Move it.
Mr. McManus: We're proposing to borrow it from the affordable housing trust
fund, approximately $155,000.
Mrs. Kennedy: I'll second. Do we have any problems with these in the legal
department?
Mr. Jorge Fernandez: No.
Mrs. Kennedy: OK.
Mayor Suarez: I'm not going to delve into this and I'm going to defer to your
judgment but...
171 July 14, 1988
0 4b
Mr. Plummer: What's the money for?
Mayor Suarez: ... strange that if we're collecting money with 75, item 76, we
need to borrow money from an existing fund to put into a program that has not
been started. Why do you need money to start a program to collect monies, I
don't know, but you must have a good reason for it.
Mr. McManus: Mr. Mayor, we have the follow on items 77, 78 and 79 in which
you'll see what the money's being used for.
Mayor Suarez: Oh, OK, well, hopefully, we will. In the meantime, I'll go
ahead and vote on it based on your recommendation. We have a motion and a
second. Any further discussion? Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mr. Plummer: Paid back... how long is the term of the loan?
Mr. McManus: It would be paid back over a five year period.
Mr. Plummer: Five years?
Mr. McManus: Two years.
Mayor Suarez: Do we have one? As long as you're going down.
Mr. Plummer: What do you project that that fund will be bringing in the first
year?
Mr. McManus: It would bring in approximately $1.5 million.
Mr. Plummer: Then why don't you just pay it back when you collect that money?
Mr. McManus: All right, we will do that. As soon as the first money that
comes back in.
Mayor Suarez: And it's - please.
Mr. Plummer: Not to exceed one year.
Mr. McManus: We'll do that.
Mayor Suarez: Please, that makes a lot more sense. With that modification.
Mr. Jorge Fernandez: With that modification...
Mayor Suarez: Built into the reading of the title.
Mr. Fernandez: At an interest rate of 6 percent from the first fees collected
to be paid within one year.
Mr. Plummer: Not to exceed.
Mr. Fernandez: Not to exceed one year.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE APPROPRIATING $155,000 FROM THE
BRICKELL AREA HOUSING PROJECT TRUST FUND ACCOUNT NO.
377001-038003-835 FOR THE PURPOSE OF A LOAN TO A NEWLY
ESTABLISHED DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE
SPECIAL REVENUE FUND ACCOUNT NO. 127001; SAID LOAN TO
BE REPAID WITHIN A PERIOD NOT TO EXCEED ONE YEAR, AT
AN INTEREST RATE OF 6 PERCENT, FROM THE FIRST FEES
COLLECTED PURSUANT TO THE DOWNTOWN DEVELOPMENT
SUPPLEMENTAL FEE ORDINANCE.
02 July 14, 1988
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy, 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:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10462.
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.
64. AUTHORIZE AMENDMENT TO AGREEMENT WITH JOYCE MEYERS FOR CONSULTANT FEES
IN CONNECTION WITH THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT AND
MASTER PLAN
Mayor Suarez: Now 77, 78 and 79.
Mr. Dawkins: Seventy...
Mr. Joe McManus: Mr. Mayor and members of the Commission, these are the
purposes for which the money is being fronted. First of all, on 77, the
proposal to fund the contract of Joyce Meyers to continue her until
approximately July of 1989, working on the downtown DRI, finishing that up,
the master plan, and also working on the implementation of the downtown DRI
supplemental fees. If I may, Mr. Mayor, let me clarify. There are certain
clarifications to the contract for, specifically, the top amount of the
contract is being changed to $49,562, the term of the contract will extend to
July 15th, 1989, and the amount from the planning department operating budget
is going to be changed to $41,984. All these are lesser amounts based on our
projection of the amount of work available and the desire of Mrs. Meyers to
curtail her work. In other words, she's only working 25 hours a week.
Mr. Dawkins: Somebody tell me. When Mrs. Meyers was a full employee of the
City of Miami, what was her salary?
Mr. Sergio Rodriguez: She was making at that time - you mean per hour or
total salary?
Mr. Plummer (OFF MIKE): Annually. Wait a minute, wait a minute.
Mr. Rodriguez: Annually it was $60,000.
Mr. Dawkins: So she quit...
Mr. Rodriguez: Excuse me.
173 July 14, 1988
Mr. Dawkins: ... as a regular employee at $60,000 and...
Mr. Rodriguez: Plus benefits.
Mr. Dawkins: You finished?
Mr. Rodriguez: Oh, sorry.
Mr. Dawkins: She quit the City of Miami as an employee making $60,000 a year
and now she goes home as a consultant to work when she is ready and when she
gets ready and come in when you call her, at $60,000 a year.
Mr. Rodriguez: No...
Mr. Dawkins: Boy, I mean, you know...
Mr. Rodriguez: Commissioner...
Mr. Dawkins: That's utterly ridiculous.
Mr. Rodriguez: Let me correct what we have. She was making that amount of
money plus the fringes that is about 35 percent more. So the amount that she
was making was...
Mr. Dawkins: Beg your pardon, no, no, no... run that by me again.
Mr. Rodriguez: The fringes she had was about 35 percent more, including the
vacation, sick leave. She had been in the City for a long, long time. She
has retirement and she had social security and she had also - what is the
other benefit - medical insurance. What we did, she doesn't come when she
wants to, actually she comes more than she wants to because I ask her to come
at least every day a minimum of 4 to 5 hours. She has been instrumental in
getting this project through. I would say she's probably the most qualified
planner in Florida at this moment in dealing with this growth management
legislation. And you know very rarely I endorse something so strong as I have
done this and when I explain this to you. I believe my mistake last year was
to only have her for 17 hours a week when I didn't expect the complications
that we have in the appeal from DCA and I do strongly recommend that we rehire
her.
Mr. Dawkins: When Miss Meyers, and this is no reflection on her because she
is qualified, she can do the job. When Mrs. Meyers left the City of Miami, I
distinctly told you, the Manager and everybody, get somebody to work with
everybody in the City of Miami to cross train them so that when we get in
these predicaments, where again like we had this morning, here's a person
that's the only person in the whole United States of America with the
expertise that you need that it costs $60,000 a year for that individual to
provide you with the services that you need and there's nobody on your staff
who can do it.
Mr. Rodriguez: What I have been doing, sir, is Mrs. Meyers is assigned to
work under Mr. Bert Waters since 3 or 4 months ago and because Mr. Waters is
in charge of the downtown area as part of his responsibility, and also with
Mrs. Slazyk and, together, those two people will get more and more the kind of
training that she has and I think that in a period of time they will be very
knowledgeable in this area. Mrs. Meyers has to finish though what we started
with the DRI because as part of that project, we have to have a series of
ordinances that have to be in place. And I want to correct the record that we
are changing the contract to reduce it in the amount of time and in the amount
of money. The amount of time has been reduced to July 15th of 1989 and the
amount of the contract will be for a total of $49,562.
Mr. Dawkins: I said before and this is no reflection on Mrs. Meyers, in fact,
she's to be commended and if my recollection is wrong, somebody correct me.
When Mrs. Meyers left the City of Miami, she left the City of Miami because
she had a small baby and she wanted to go home to spend some time with her
baby and, therefore, she resigned. And when she resigned to go home to be
with her baby, it was noted that she was the only one who had the expertise
that was necessary to do the job. Therefore, the contract was adjusted to
allow her to care for her baby, which a mother should do, and the City of
Miami foot the bill. And now you come back again and tell me that you're
174 July 14, 1988
0
going to pay her $60,000. I told you last time that that was the last time
and for my vote you have no. I don't know, that's just one vote up here but I
will be voting no.
Mrs. Kennedy: OK, Sergio tells us that he really needs her. We have over 150
items. I'm going to move it and trust him and his decision. We've got to
move along.
Mr. Fernandez: And for the record, Mr. Mayor, it should be noted that the
amount in question is $49,562. There has been a change in the resolution that
was in your packet and one that has been redesigned since. So, the amount is
below $50,000.
Mr. Plummer: Then why is it even before us? The Manager has the right to
execute a contract for professional fees under $50,000.
Mr. Odio (OFF MIKE): I want to bring it to you.
Mrs. Kennedy (OFF MIKE): He doesn't want to take any more flak.
Mr. Odio (OFF MIKE): I'd rather bring it here.
Mr. Plummer: You don't want the heat.
Mrs. Kennedy: Yes.
Mr. Odio (OFF MIKE): No, I just wanted to.....
Mayor Suarez: You know, Sergio, let me...
Mr. Rodriguez: I believe I would have to come before you.
Mayor Suarez: Sergio.
Mr. Rodriguez: Yes, sir.
Mayor Suarez: I'm inclined to go with Commissioner Dawkins on this one. I
don't see why this cannot be done in-house. We can't go on forever and ever
extending consulting agreements. I'd be disposed to try to figure out a way
to do it from DDA.
Mr. Dawkins (OFF MIKE): That's right.
Mr. Rodriguez: Mr. Mayor, maybe what you can do is try to get the money
allocated from DDA to pay for this. I would...
Mayor Suarez: No, no, no, no. If we're going to do it from DDA, I think
we'll do it in-house over there.
Mr. Rodriguez: Mr. Mayor, if I may, Miss Meyers has been working on this for
two years. She's the most qualified person that I have now on this area. She
has - to train somebody else on this would make no sense and we have...
Mayor Suarez: Well, but the downtown DRI has now been approved by the
department of community affairs.
Mr. Rodriguez: Right.
Mayor Suarez: It is now in what kind of form? Complete form?
Mr. Rodriguez: There has been a settlement made already with DCA. Now we
have, as part of the DRI...
Mayor Suarez: Yes, after much lobbying and working and haggling and
redrafting and so on, so now what do we have left that we need to have a high
paid consultant?
Mr. Rodriguez: We have to work now in preparing the ordinances that we are
obliged, under that DRI, and we have to do that within a period of time in
which you have to consider them and approve them to make the development order
agreeable.
175 July 14, 1988
Mayor Suarez: Those are going to be in the form of ordinances?
Mr. Rodriguez: There are certain ordinances that have to be included which
was part of the development order that you agreed to and...
Mr. Dawkins: And the law department can't help draw up the ordinances?
Mr. Rodriguez: We drafted the ordinances and they are reviewed by the law
department as to correctness but we have to prepare all of this in the basis
of technical language.
Mayor Suarez: Well, but I presume it's boiler plate, you do one ordinance and
all the rest are the same with different figures and credits and so on, right?
Mr. Dawkins: You know, this is part of my problem. Had you, in the
department, had any desire of doing right, you'd have had some minorities and
women, blacks and latins in training. But you all got that good ole boy
system and you all just keep carrying it on. You don't intend to make no
differences. You don't intend to bring about no changes. See, and the way
you do it is by telling me that this individual has the only expertise that's
done. You knew when she first came on board there was nobody else to do it.
Right away, you should have put somebody in training to cross train with her,
even if we had to send it to the University of Miami and pay tuition in order
for this individual to learn whatever it needed.
Mr. Rodriguez: If I may remind you, I am a part of the good old boy and a
latin, and Bert Walters is a black and Lourdes Slazyk is a female.
Mr. Dawkins: You bragging or complaining? You bragging - because you're one
of the good old boys, you bragging or complaining?
Mr. Rodriguez: Well, sir, the only thing I can tell you, from a technical
point of view, this is the best recommendation. I strongly recommend it.
Very few times you see me strongly recommending something like this.
Mayor Suarez: Sergio...
Mr. Rodriguez: And I think you should trust me on this.
Mayor Suarez: Sergio, I agree with that point except I know what he's going
to say. He's going to say, well, we're going to be paying these fees so you
should be applying them to someone that can get this work done and all that
because it's not going to come out of your pocket, but imagine how nice it
would be if we could say we're collecting these fees and we're going to be
able to use that collection to defray the cost of someone that's already in
the department.
Mr. Rodriguez: We're doing that too.
Mayor Suarez: Yes, but as to this consultant.
Mr. Rodriguez: We're doing this together with the consultant. We're paying
the consultant and part of the established will be working on this.
Mayor Suarez: Is that what you were going to say?
Carter McDowell, Esq.: Yes, and I would also point out that Miss Meyers - my
name, for the record, my name's Carter McDowell. I'm with the law f irm of
Fine Jacobson and I have been representing Alanco and been very involved in
the downtown DRI process and I would suggest to you that Ms. Meyers does have
the best background and the knowledge of what's gone in the past. There's no
question that you could train someone else to do what they are intending to
hire her for but I would suggest that they would have a three or four month
period to get up to speed of where she is and would, therefore, have enough
down time in getting up to speed of where she is at this moment to move
forward that you wouldn't save money. You would...
Mr. Dawkins: Yes, but my problem, sir, is that you're correct. But I told
them a year ago to do this. You see, but they don't pay any attention to what
I say up here. You see, I told them a year. All right, I'll tell you what.
How long you say it will take you to train somebody?
176 July 14, 1988
Mr. McDowell: I wouldn't...
Mr. Dawkins: Approx... no, no, no, I was talking the top of your head.
Mr. McDowell: Somebody's got to learn the two year history of the project and
the administrative ordinances that have to go into it. I would say it's going
to take them - I don't know, I mean there's going to be a substantial period
of time to get up to speed.
Mr. Dawkins: Well, not a genius, not a genius, just an average person. Three
months? Ninety days, a hundred days?
Mr. McDowell: I think it would be closer to six months for them to get up to
speed.
Mr. Dawkins: I'll approve this for four months and all they don't get in four
months, they lose it.
Mrs. Kennedy (OFF AND ON MIKE): Wait, if you approve it for four months...
Mr. Dawkins: For four months - I'll approve this contract for four months.
Mrs. Kennedy: At which time we can renegotiate or only...
Mr. Dawkins: No, ma'am. No regotiat... that's the end of the contract and
you all ought to have somebody trained with which to step in and do the job.
Mrs. Kennedy: OK, I'll... no, I think that we really need her and I'll make a
substitute motion, I might not get a second, but I'll...
Mr. Dawkins: Well I make a motion, I make a motion that's it's denied, that's
all I do.
Mayor Suarez (OFF MIKE): Move to deny.
Mr. Dawkins: I move to deny.
Mayor Suarez: Move to deny. Do we have a second?
Mr. De Yurre (OFF MIKE): Second.
Mayor Suarez: Seconded. Any discussion on the motion to deny? Call the
roll.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER DE YURRE, THE MOTION TO DENY APPROVAL ON ITEM 77,
FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
NOES: Vice Mayor Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I always know you're in the room because I can hear that
laughter from back here, Amelio. You enjoy these proceedings more than anyone
else. I'm going to vote no on the motion but for the reason that this is
going to be paid for by the additional supplemental fee. Otherwise, and I had
forgotten that in this case, don't bring me any consultants unless, as
Commissioner Dawkins has indicated, this is the only person in the entire
world...
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Dawkins: No, don't do me no favor, you all vote the way want because when
time comes to vote, I'm going to vote I want. You all voted your conscience.
177 July 14, 1988
Mayor Suarez: As who ever says, unless this is the only person in the entire
world that can...
Mr. Dawkins: Don't give me no brownie points.
Mayor Suarez: ... that - all right, why don't we just skip that altogether.
Do we have any other motion?
Mrs. Kennedy: 78.
Mr. Rodriguez: Excuse me, don't you have to have a positive motion now to
approve it?
Mr. Fernandez: Now, you need a motion to approve after you have denied.
Mrs. Kennedy: I move to approve.
Mayor Suarez: Moved to approve. Now, for what period of time is it?
Mrs. Kennedy: For one year, are you asking?
Mr. Rodriguez: Until July 15th, 1989.
Mrs. Kennedy: So moved.
Mr. Fernandez: With the amendment of $49,562 instead of what originally
appeared in your packet.
Mrs. Kennedy: That is correct.
Mayor Suarez: Moved. Do we have a second?
Mr. Plummer (OFF MIKE): Yes.
Mayor Suarez: Seconded. Any discussion?
Mr. Plummer (OFF AND ON MIKE): Let me - Mr. Mayor, for the record because I -
you know, I really didn't want to do it, because I respect my colleague,
Commissioner Dawkins, and I heard his words, last year, of warning and it's
very, very sad when the administration did not listen to his admiration last
year and they should be justly criticized for it. But sometimes things are
more important, never more than a man's word, of course, but this DRI process
has got to proceed. I don't know of any single area or document that is more
important to shaping the future of this City than that DRI and, unfortunately,
I am forced into a position of saying and knowing that Joyce is probably one
of the best that there is because of her background and her knowledge as it
relates, and I have worked with her as your delegate to the South Florida
Regional Planning Council, so I have to vote to see this thing through to the
successful completion even though I hope the administration - I know they're
not going to feel bad because they never listen anyhow - but they should feel
bad because, let me tell you, Dawkins made it pretty damn clear last year. He
couldn't make it any clearer and still, in defiance of that, you went ahead
and proceeded the way you wanted. It's unfortunate but, as I said, this DRI
is very, very important to this City. I vote yes. I seconded the motion.
Ms. Hirai: Yes, yes, and I have to call the roll now.
Mr. Plummer: OK.
178 July 14, 1988
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-663
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT SUBSTANTIALLY IN THE FORM ATTACHED, TO THE
AGREEMENT DATED JUNE 18, 1987, BETWEEN JOYCE A. MEYERS AND
THE CITY OF MIAMI FOR PROFESSIONAL PLANNING SERVICES IN
CONNECTION WITH THE DOWNTOWN DEVELOPMENT OF REGIONAL
IMPACT AND MASTER PLAN, EXTENDING THE TERM OF SAID
AGREEMENT TO JULY 15TH, 1989, AND INCREASING THE FEES BY
AN ADDITIONAL $49,562 FOR THE PERIOD FROM AUGUST 11, 1988
TO JULY 15TH, 1989; WITH FUNDS THEREFOR AUTHORIZED TO BE
EXPENDED FROM THE DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE
SPECIAL REVENUE FUND ACCOUNT NO. 127001 IN THE AMOUNT OF
$7,578 AND THE PLANNING DEPARTMENT FY '88-89 OPERATING
BUDGET IN THE AMOUNT OF $41,984, SUBJECT TO AVAILABILITY
OF FUNDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins (OFF MIKE): No... they say, I've said it over and over, and I'm
the only one who sits up here and says things, and everybody tell me about how
much they like me, and they like the way I part my hair and everything, and
they like...
Mr. Plummer: I never said that at all.
Mr. Dawkins (OFF MIKE): ... and they like my perfume and my deodorant and
they still vote against the way I vote. So I vote no.
Mr. Plummer: I spoke to your word, I couldn't care less about your hair, your
ugly moustache, your...
Mayor Suarez: I'm thankful for his deodorant, he sits right next to me. Go
ahead.
Mr. Plummer: What's the vote at this point? Is it two -two? I vote yes, of
course.
179 July 14, 1988
65. AUTHORIZE PAYMENT TO BLACKWELL, WALKER, FASCELL, AND HOEHL FOR LEGAL
SERVICES BY ROBERT N. SECHEN, SPECIAL COUNSEL, FOR DOWNTOWN DEVELOPMENT
OF REGIONAL IMPACT PROJECT AND THE SOUTHEAST OVERTOWN/PARK WEST
DEVELOPMENT OF REGIONAL IMPACT PROJECT
Mayor Suarez: Item 78. Now...
Mr. Joe McManus: Mr. Mayor, again referring to the downtown DRI supplemental
fees and the revenue fund, back in '86 the Commission adopted resolutions that
retained the services of Robert Sechen. In the ensuing time, Mr. Sechen has
worked on the downtown DRI Southeast Overtown Park/West DRI in the long appeal
period. Item 78 is to reimburse Mr. Sechen for his legal services.
Mr. Plummer: I don't see a breakdown.
Mayor Suarez: This is prospective or retroactive legal service?
Mr. McManus: This is retroactive, we...
Mr. Plummer: No, it's retroactive, but I don't see how many hours where
usually you have...
Mr. McManus: The law department has full invoices from Mr. Sechen.
Mr. Plummer: Well, where are they?
Mr. McManus: Hour by hour.
Mr. Plummer: I don't have anything in here. How many hours did he work, at
what fee was he paid? I see things here as far as a reimbursement of
expenses, what were they? I don't see any of that here. You're asking me to
make a decision. Give me all the facts to make a decision. Where are they?
Mayor Suarez: While he looks at that, Joe, now let me ask you about the logic
of this. We approved a contract that would pay, I believe, his expenses and
anything else would be discretionary. Wasn't that the agreement or am I
thinking of a different agreement with Mr. Sechen?
Mr. McManus: I believe the resolution basically authorized retention of
services and...
Mr. Plummer: This doesn't tell me anything.
Mr. McManus: ... I'm not sure if there is an upset max in that resolution. I
can be corrected by Mr. Sechen.
Mr. Plummer: Oh, I'm sure there was.
Mr. Jorge Fernandez: Yes there was.
Mr. Plummer: There was a not to exceed clause as I remember.
Mrs. Kennedy: My recollection was the same as the Upon review of all
the bills submitted and recommendation from the City Attorney.
Mr. Plummer: Where's the hours? This is Joyce Meyers.
Mayor Suarez: My second question is, is this meant to be paid out of the
supplemental fee?
Mr. Plummer (OFF MIKE): No, it doesn't tell me anything.
Mr. McManus: Yes, remember, we've now borrowed - we have monies fronted back
into the supplemental fees special revenue funds now for these three purposes;
177, 178 and '79. So this would be paid back out of the money that was
fronted.
180 July 14, 1988
Mayor Suarez: I keep thinking that if we're going to be generating this money
from supplemental fees and in one case it's to pay a consultant for future
services and in another case, it's to pay an attorney for past services that
he wasn't sure he was going to get paid for, that both should be willing to
take the money as it comes in and not have to borrow money from another fund.
Mr. Plummer: I got to ask this question, the DRI was applied for, the
applicant was a DDA and it covered the CBD. Why isn't the DDA paying for
these things?
Mr. De Yurre (OFF MIKE): The A, B, C's....
Mr. Plummer: No, they're the - the what?
Mrs. Kennedy: A, B, C, D, E, F, G...
Mayor Suarez: Because the ABC is going to DOU, whatever that means.
Mr. Plummer: Yes, but they keep this up, we're going to be DOA.
Mayor Suarez: Some people thought you were DOA this morning when we began.
Mr. Plummer: That's true. Some people were wishing, they didn't think. No,
I'm asking a question, why the DDA is not the one paying for this? They were
the applicant.
Mr. Fernandez: No, no, they served as a conduit, sir, they were not the
applicant.
Mr. Plummer: They were the applicant before the South Florida Regional
Planning Council was the downtown development of Miami. Now, the City of
Miami was not the applicant and that's one of the reasons I raised hell was
that if they're getting it and they're doing it, why aren't they paying for
it?
Mr. Sergio Rodriguez: If I may try to answer it. They were basically the
legal conduit to do it because the state laws would not allow us to apply on
the existing legislation that we had.
Mr. Plummer: That's fine, OK, fine. Whatever the law says, we complied with.
Now, why aren't they paying for it?
Mr. Rodriguez: Well, the prime beneficiary is the City.
Mr. Plummer: No, no.
Mr. Rodriguez: Yes.
Mr. Plummer: No, no, no, no. They are the applicant and they hold the clout.
Mayor Suarez: Well wait, the people that are paying for it, supposedly, are
going to be the developers that are going to benefit because we're going to
charge them a supplemental fee.
Mr. Plummer: That's fine, then let that be paid back to the DDA.
Mayor Suarez: The DDA used its staff to help in the process of this
application. It doesn't get any money from it in any way or benefit other
than to help the City carry it through as a conduit.
Mr. Rodriguez: As to your question, how many hours, there were 750 hours in
the downtown DRI, that you asked me.
Mayor Suarez: I guarantee you that if things go the way we expect to with DDA
after tomorrow's meeting and in the future, you'll see the DDA beginning to
take over more and more of these functions.
Mr. Plummer: Nothing wrong with that. Either that or let's get rid of the
DDA.
Mayor Suarez: That's the alternative.
181 July 14, 1988
Mr. De Yurre: Is that a motion?
Mr. Plummer: It ain't far off, baby!
Mr. De Yurre: I need some clarity on this issue because I've been hearing a
lot of information coming and going on this and I'd like to get some
historical background on how we got to where we're at on this issue. Mr. City
Attorney...
Mr. Fernandez: Yes, sir.
Mr. De Yurre: ... can you provide some information on this?
Mr. Fernandez: Yes. Back in '86 by resolution number 86-2732, Mr. Sechen was
retained for the purpose of the DRI to a maximum of $25,000. That amount was
paid to Mr. Sechen. Thereafter, my understanding of the agreement between Mr.
Sechen and the office of the City Attorney was that he was to remain involved
at his own risk. That, at the time that this whole matter concluded, he would
come to the City Commission and it would be at the discretion of the City
Commission to award him, if at all, attorney's fees, and that those fees were
not to exceed the amount of $75,000. That is the best understanding that I
have of what transpired between my predecessor and Mr. Sechen in this regard.
Mr. De Yurre: Is the total amount that has been paid to date $25,000?
Mr. Fernandez: No, sir, my recollection is that there has been paid more than
twenty-five.
Mr. Plummer: To who?
Mr. De Yurre: How much has been paid?
Mr. De Yurre: I'm talking about fees.
Mr. Fernandez: The Law Department or the City Attorney's office has not been
the department of the City that has handled or funneled these funds.
Therefore, the information was not readily available to me. But the
information that I have is that approximately $37,000 have been paid already.
Mr. De Yurre: How are those...
Mr. Fernandez: As part of the initial resolution.
Mr. Rodriguez: Commissioner, may I add something to this? There are two
different DRI's. The one for downtown and the one for Southeast Overtown
Park/West, and that's why there is some confusion with the amount of money.
Mr. De Yurre: Did we have two resolutions then approving two separate
amounts?
Mr. Rodriguez: That I couldn't tell you, no.
Mr. Fernandez: No, there was only one resolution, sir.
Mr. De Yurre: We have only one resolution approving $25,000...
Mr. Fernandez: Yes.
Mr. De Yurre: ... and the information that you're giving me is that amount is
in excess of $37,000 that has been paid out.
Mr. Fernandez: To the best of my inquiry. I have not conducted an inquiry,
and these are funds that have not been spent through the Law Department so
these are documents that...
Mr. De Yurre: Well, who's supposed to provide that information?
Mr. Rodriguez: We provided the funds and the funds were approved by the Law
Department. The expenditure of the funds was approved by the Law Department.
Mr. De Yurre: Well, this Commission has...
182 July 14, 1988
0 0
Mr. Rodriguez: The - what we're doing...
Mr. De Yurre: ... this Commission doesn't have any say on that?
Mr. Rodriguez: I couldn't tell you... I didn't deal with that part so I
couldn't tell you exactly.
Mr. Fernandez: It would be...
Mr. De Yurre: I'm asking you a question, I'm not asking you - don't try to
excuse yourself right now, I just want an answer.
Mr. Rodriguez: No, I don't know.
Mr. De Yurre: No, no, I didn't know anything to do - I want to know is...
Mayor Suarez (OFF MIKE): Of course, you can disapprove it right now.
Mr. De Yurre: No, no. They've paid already over $37,000.
Mr. Fernandez: Sir, my interpretation now as we look in retrospect that
unless there is further authorization by this Commission for any amount in
excess of $25,000 should have come before the City Commission. That the
original - or that the one resolution that I made reference to was very
specific in allocating only $25,000.
Mr. De Yurre: OK, then, is it safe to say, based on the information that we
have, that over $12,000 have been paid out without the City Commission's
approval?
Mr. Fernandez: I cannot categorically speak to that but what I have gathered,
what I gleaned from the records that I have seen, that would be my conclusion.
Mr. De Yurre: Well, I'd like to defer this until we get a final determination
as to exactly how much money has been paid out on this item.
Mayor Suarez: We have a motion to defer. Interested party has just made a
suggestion? No?
Mr. Rodriguez: The only thing if you want to clarify for the record, Mr.
Sechen is telling me - first Ms. Meyers is telling me that the Planning
Department paid $6,229 before, that's the amount that we have...
Mr. Plummer: How much?
Mr. Rodriguez: Six thousand.
Mayor Suarez: That sounds like costs, six thousand.
Mr. Rodriguez: That's what we paid before and the other portion of the money,
I understand, came from Southeast Overtown/Park West project and that's why I
cannot give you that information, Commissioner De Yurre.
Mr. De Yurre: Well, can you get me a breakdown, to the penny, what has been
paid out and what his fees, what his cost, etcetera?
Mayor Suarez: There may have been separate authority for Southeast
Overtown/Park West.
Mr. Rodriguez: It's possible.
Mayor Suarez: ... to pay fees.
Mr. Plummer: Bob, you know, you and I are friends and we're going to stay
friends, but I tell you, I got a problem here with some of these damn things.
And maybe they're wrong and that's why I'm asking the question. Am I to
understand, and I'll give you just - I'm picking one out, that we're being
charged $700 on November 25th of 187 for a telephone conference with Joyce
Meyers and Sergio Rodriguez and Joe McManus? Does that sound - a seven hour
telephone conference - and I'm assuming at $100 an hour, that's the way we're
going it. But I can't imagine, even my teenage daughter being on a phone for
seven hours.
183 July 14, 1988
Mr. Sechen: Commissioner, I don't know which entry you're particularly
looking at. There are sometimes...
Mr. Plummer: Well, but I mean a seven hour conference you...
Mr. Sechen: No, I'm sure there was not one phone call which was a seven hour
conference, there's a lot...
Mr. Plummer: Well, OK, I'm just reading here, !here's so many of these here:
four hour telephone, five hour telephone, five hour telephone.
Mr. Sechen: Well, Commissioner, they're not just five hours of telephone
conference.
Mr Plummer: Well, that's how it's listed, that's why I'm asking the question.
Mr. Sechen: There's more information relative to what went on relative to
those, each of those particular entries. Commissioner, let me - for the
record, my name is Robert Sechen. What has gone on here is that in order to
continue the process of the downtown DRI and the Southeast Overtown DRI, it
was important, I think, to the City and to me personally, to continue on the
process with the downtown DRI and the Southeast Overtown/Park West DRI to have
continuity in the process when I left the City. I worked, along with Joel
Maxwell, from the City Attorney's office, for about 2 1/2 - 3 years in
completing the process. I, at the request of Lucia Dougherty, reduced my fees
to $100 an hou,r and I worked with her office, with Mr. Maxwell, with
yourself, Commissioner Plummer, with the Mayor relative to issues that he
became involved in for a period of time of approximately a year -and -a -half. I
did tell Mrs. Dougherty that I would try and keep the fees to $75,000 in
excess of what had already been paid to date, and that agreement was relative
in January of 1988. The purpose of that was to try and estimate exactly where
we were going to go on the thing. The complexity of the matter, you know,
became more and more the DCA file, two appeals instead of one appeal, it just
went on and on and we were very, I believe, very successful in the fact that
the development community essentially has supported the settlement. The
development community has supported the fee ordinances, the development
community has essentially supported all of this and, in fact, the ultimate
payer of all of these things will be the development community. I think this
sort of speaks for itself as to the quality of the work that was, in fact,
done. I have told the City Attorney, we've met on this, if there were any
particular entries that he thought were inappropriate, I would, in fact,
delete them. If you wanted to say, you know, and the fact that your
resolution does, in fact, say not to exceed certain amounts, clearly if you
wanted to give that discretion to the City Attorney relative to each and every
one of the entries, I would be very happy to sit down with him and to go
through each and every one of those, if you want to give him that authority.
But, Commissioner, I have worked very hard, I think I've done a very good job
for the City. I think you can ask the people who I've worked with, both in
the community and in the City, and...
Mr. Plummer: Well, I can well be one to attest that you did work damn hard
because I worked with you and Sergio through the South Florida Regional
Planning Council. I am not questioning whether you did a damn good job, which
you did. I was only questioning that, to me, something, maybe it's the
semantics of what's on the paper, but, you know, you see a seven hour phone
call, you have to question it.
Mr. Rodriguez: In that particular item, if I clarified it is a telephone call
and then after that, a semicolon, continuation of rewriting of the development
order. So he spent part of that time after that rewriting the ordinance.
Mayor Suarez: See, it was a description no longer...
Mr. Rodriguez: You worried me for a while.
Mayor Suarez: Bob, let me ask you a question. How much have you already
incurred in time of the monies mentioned here?
Mr. Sechen: All of my charges are $100 an hour. I didn't have anyone else in
the law firm do any work on it.
184 July 14, 1988
Mayor Suarez: Total, total, total. How much is the total of which you've
already incurred? I'm sure you know what you're present bill is for.
Mr. Sechen: My present bill is for $90,000, split between seventy-five for
the downtown, fifteen thousand for Overtown Park/West. Plus costs.
Mayor Suarez: OK, now, is item 78 - does item 78 include some additional
monies for future legal work?
Mr. Sechen: No, sir, my contract, as far as I know and my authority is
concluded upon the passage of the fee ordinance today.
Mayor Suarez: OK, I would be disposed to vote for it as long as we understand
that not one penny should be paid in the future without going through the
legal department, and you first make a determination that you cannot do it in-
house. And then, a determination as to what firm it makes sense to hire and
then keep an eye on their billing on a, you know, not after the fact basis or
anything, but as it's being spent and get Commission authority and so on, but
I guess we really kind of a...
Mr. Fernandez: Understand.
Mr. Plummer: And it's to be paid by the DDA.
Mrs. Kennedy: Mr...
Mayor Suarez: And then afterwards, maybe we'll try to get DDA to pay for it.
I'm going to have to lay off a few people over there.
Mrs. Kennedy: Mr. City Attorney, how many attorneys does the City have?
Mr. Fernandez: Presently sixteen, ma'am. Understaffed, overworked, sixteen
attorneys.
Mrs. Kennedy: Sure, sure.
Mr. Plummer: Yes, and overpaid.
Mr. Fernandez: Uh uh.
Mrs. Kennedy: Not really if you compare it with the private sector, they are
not, they...
Mr. Plummer: The highest priced help...
Mr. Fernandez: You know, perhaps, Madam Vice Mayor, that's one of the reasons
why Mr. Sechen was a necessary component in this whole thing. We did not have
sufficient manpower. The manpower we had was capable and competent all to
participate very knowledgeable in the process also. But we were not able to
dedicate all the time that it required, that's how Mr. Sechen's time and
expertise came in very handy.
Mrs. Kennedy (OFF MIKE): Oh, I don't doubt, I know his abilities.
Mayor Suarez: Commissioner De Yurre points out that there's another issue in
all of this, of course, which is really not related to Mr. Sechen's work
certainly, or the value of it, which is, you know, payments made without
Commission authorization and I hope that whatever happens on this vote, we
make sure that that never occurs again and we have a new administration now at
almost every important lever of government in the City and, you know, I hope
you - we can't blame you for past mistakes.
Mr. Fernandez: No.
Mayor Suarez: OK, I'll entertain a motion on this item if one hasn't been
made. Madam...
Mrs. Kennedy: Sure, I'll move to grant it.
Mayor Suarez: Moved, do we have a second? Commissioner Plummer, are you
going to second it or...
185 July 14, 1988
Mr. Plummer: Mr. Mayor, I have made my point clear. I will second the motion
to pay it assuming the proceeds come from the DDA.
Mrs. Kennedy: No, that's not my motion.
Mayor Suarez: OK, we have a motion ind we have a second that's not in
accordance with the motion. So we just have one motion and no second at this
point.
Mr. Plummer: All right, I'll make a motion at this time that the man be paid
from the proceeds of DDA.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Do you have any
particular suggestions as to who should be fired?
Mr. Plummer: No, sir. I'll leave that to the wisdom of the center chair. I
might make a few recommendations but I would be biased.
Mayor Suarez: Well, you know, interestingly, if course, what you mean by that
is that from the supplemental fees that are being charged to the developers...
Mr. Plummer: You would get them back from that.
Mayor Suarez: ... that we would get it back.
Mr. Plummer: I have no problem with that.
Mayor Suarez: We probably have money that we could advance, we just don't,
you know, I can't give you that determination at this point, so I have to vote
no, but we'll see how the motion goes.
Mr. De Yurre: You know, I think we're missing the point. I think there are
philosophical questions here that go beyond the $75,000 or the ninety of
whatever, you know.
Mr. Plummer: Yes, Victor, there's no question that there should have been a
different process followed, OK? But I can tell you as you well know as a
lawyer, better than I do, that you get into these things and we had no idea
that there would be an appeal taken. Now you cannot, right then and there,
turn and say, OK, let's go get a new lawyer, OK? We had to move immediately
because that appeal to the DCA could have been devastating, and it took the
lawyer and Sergio and a little bit of help from me - very little help from
me - to go and negotiate and try to come up with something immediately before
DCA took an appeal. And these are the kind of positions that you get in to,
and I readily admit that when you make a not to exceed, you should not exceed
it. But sometimes, I guess, there are circumstances beyond your control and
if we'd have stopped we could have been before an appeal that would have put
the Bayfront Park in jeopardy, it would have put the arena in jeopardy, it
would have put all of those items in jeopardy. And I just don't see how you
could have done it any differently.
Mayor Suarez: So, based on that commitment that you made and this Commission
made, you want, and work that was done and earned and results that were
obtained with involvement of probably more than one member of this Commission,
you want another agency, which did not make that commitment to pay for it.
Mr. Plummer: No, the applicant.
Mayor Suarez: Well, DDA was asked to be the legal conduit for the application
but...
Mr. Plummer: Well, by law, you were the only one that could be.
Mayor Suarez: And he was right and used the staff of DDA to support the
application to them more than one way. I don't see it. OK, any further
discussion?
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS, THE ABOVE MOTION WAS DEFEATED BY THE
FOLLOWING VOTE:
186 July 14, 1988
•
0
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
NOES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mrs. Kennedy: Yes.
Mayor Suarez (OFF MIKE): You're going to take the money from DDA?
Mrs. Kennedy: Oh, I'm sorry. No, I forgot his motion was not exactly, I...
Mayor Suarez: I can see how Bayfront Park's going to be looking if you want
me to take the money from DDA.
Mr. Plummer: Sounds like there's some heavy lobbying going on around here.
Ms. Hirai: Excuse me, you vote no?
Mr. De Yurre: I'm going to vote no because I just don't like the procedure
the way it was handled and certainly not reflective of the work that was done,
but I'm just not comfortable with the procedure. I vote no.
Mayor Suarez: No, but I still think that we ought to try to come up with a
motion to pay the law firm.
COMMENTS MADE FOLLOWING ROLL CALL:
Mrs. Kennedy (OFF MIKE): I'll try another motion, I'll move to...
Mayor Suarez: Well, wait - OK.
Mr. Dawkins: Did the motion fail? Oh, I have no problem.
Mrs. Kennedy: I move to the motion failed. - I move to pay him.
Mayor Suarez: Moved.
Mr. Dawkins: Wait, before we go. You know, somewhere along the lines, we're
dropping the ball. Now, in my opinion, this is no different than the contract
we just signed with Mr. - what's his name - Kroger or Cooger, the guy went
with the Off -Street, with the...
Mayor Suarez: Kirkland?
Mr. Dawkins: Yes.
Mayor Suarez: Kirkland.
Mr. Dawkins: No, no, the guy who went with the Miami Heat.
Mr. Fernandez: Korge.
Mr. Plummer: Yes.
Mr. Dawkins: Korge. You know, this is no difference. You know, we sit up
here and when these individuals come, so somewhere along the lines, we've got
to just pay people...
Mr. Plummer: Well, that's Commissioner De Yurre's point, there is a big
difference because the monies that will be paid to Mr. Korge, one, will come
from the Sports Authority and, two, I don't think there's any way he will
exceed the limits which they set. And that's exactly Victor's point.
Mr. De Yurre: And three, the agreement was that at the same time that Chris
would be working on issues that already exist and that the City Attorney's
187 July 14, 1988
office will be providing an attorney that would be able to come in and take
over eventually once that contract runs out, which is what we've been trying
to avoid with some of these other matters that hasn't been done.
Mayor Suarez: And if you use that comparison in the present case, the money's
going to come from the developers to be taxed, number one and number two, it's
not his fault that we used the incorrect procedure and we have straightened it
up for the future. I mean, I don't... anyhow, we have a motion. Do we have
a second? The motion is to approve the payments and, of course, with the
understanding that all of this gets recovered from the supplemental fee, the
developers who are benefiting from the downtown DRI will eventually pay for
it. How does it look on that, Joe, I mean, are we going to generate this
money very quickly? Which is the first project that's going to pay?
Mr. McManus: Well, we have been talking with about three different
development groups who have very large developments projects proposed and
those are moving along and we anticipate...
Mayor Suarez: Any others that are not so large but that are moving along?
Mr. McManus: Well, of course, this fee will affect almost any project in
downtown in excess of 10,000 square feet, so we'll be...
Mayor Suarez: I'm aware of that, Joe. I'm trying to find one project that is
putting money into this fund already, not a speculative one but a real one.
Mr. McManus: Well, remember, we won't...
Mayor Suarez: Columbus McAllister, maybe?
Mr. McManus: We got thirty days before we start collecting...
Mayor Suarez: Columbus McAllister going to be subject to it?
Mr. McManus: Yes.
Mr. Rodriguez: We have also in the Omni area...
Mr. Plummer: Will you please tell the Mayor there's a project that's more
than $90,000.
Mayor Suarez: Columbus McAllister?
Mr. McManus: Yes.
Mr. Rodriguez: There are several projects that will be more than $90,000.
Mayor Suarez: That looks like it's moving. OK, I'll second.
Mr. Plummer: Motion made a duly seconded. The motion to approve payment in
the amount of ninety-three thousand, what is it?
Mrs. Kennedy: Eight hundred and fifty dollars.
Mr. Plummer: Eight hundred and fifty dollars. Any further discussion? Need
for any clarification of the motion? Hearing none, call the roll.
188 July 14, 1988
The following resolution was introduced by Vice Mayor Kennedy, who moved
its adoption:
RESOLUTION NO. 88-664
A RESOLUTION AUTHORIZING PAYMENT TO THE LAW FIRM OF
BLACKWELL, WALKER, FASCELL, AND HOEHL FOR FEES AND COSTS
RELATED TO LEGAL SERVICES PROVIDED BY ROBERT N. SECHEN
SERVING AS SPECIAL COUNSEL FOR THE DOWNTOWN DEVELOPMENT OF
REGIONAL IMPACT PROJECT AND THE SOUTHEAST OVERTOWN/PARK
WEST DEVELOPMENT OF REGIONAL IMPACT PROJECT, WITH FUNDS
THEREFOR NOT TO EXCEED $75,000 FOR FEES AND $3,200 FOR
COSTS TO BE ALLOCATED FROM THE DOWNTOWN DEVELOPMENT
SUPPLEMENTAL FEE SPECIAL REVENUE FUND ACCOUNT NO. 127001,
AND WITH FUNDS THEREFOR NOT TO EXCEED $15,000 FOR FEES AND
$650 FOR COSTS TO BE ALLOCATED FROM THE HUD SECTION 108
LOAN AND GENERAL OBLIGATION HOUSING BOND FUNDS FOR
SOUTHEAST OVERTOWN/PARK WEST.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Mr. Sechen, go home and sin no more. I vote yes.
------------------------------------------------------------------------------
66. AUTHORIZE PAYMENT TO DAVID PLUMMER AND ASSOCIATES, INC. FOR SERVICES IN
CONNECTION WITH THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT PROJECT.
Mayor Suarez: Seventy-nine, David Plummer & Associates.
Mr. McManus: This is the third of the...
Mayor Suarez: I knew there was some money for J.L. in all of this.
Mr. McManus: This is the third of the three...
Mr. Plummer: Now, if you don't pay my brother-in-law...
Mr. McManus: This is the third of the three contracts proposed to be paid for
out of the downtown DRI supplemental fees. Back...
Mayor Suarez: Hell, I mean, we've argued so much about the other two, I'll
entertain a motion on this. Is there any difference now? Is it a smaller
amount?
Mr. Rodriguez: Fifteen thousand something.
Mr. McManus: Fifteen thousand.
Mr. Plummer: To be paid by the DDA.
Mrs. Kennedy: Let the record reflect that David Plummer has no relation to
J.L. Plummer.
Mr. Plummer: The fees he's been collecting, I wish he was a relative.
189 July 14, 1988
Mayor Suarez: I'll entertain a motion, after all the clowning around is over.
Mr. Plummer: Mr. Mayor, I've never made a motion for David Plummer but if
nobody else will, I will.
Mrs. Kennedy: Second.
Mayor Suarez: There you go. Second. Any further discussion? Call the roll
so we can get to some of these other items.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-665
A RESOLUTION AUTHORIZING PAYMENT OF UP TO $15,010 TO DAVID
PLUMMER AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES
RENDERED IN CONNECTION WITH THE DOWNTOWN DEVELOPMENT OF
REGIONAL IMPACT PROJECT, WITH FUNDS THEREFORE TO BE
ALLOCATED FROM THE DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE
SPECIAL REVENUE FUND ACCOUNT NO. 127001.
(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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
NOTE FOR THE RECORD: ITEMS 150 AND 152 WERE WITHDRAWN BY THE
APPELLANTS.
------------------------------------------------------------------------------
67. DENY APPEAL AND UPHOLD DECISION OF ZONING BOARD TO APPROVE VALET PARKING
FOR PROPOSED OFFICE BUILDING AT 2701 DAY AVENUE.
------------------------------------------------------------------------------
Mr. Plummer: Basically, 151 and 153 are, in fact, the same group of people.
Mr. Sergio Rodriguez: The same group of people, yes, sir.
Mr. Plummer: OK. Now, do these speak to different issues or to a single
issue?
Mr. Rodriguez: They speak to different issues in the same property.
Mr. Plummer: The first issue. What is the issue in 1517
Mr. Rodriguez: The issue in 151 is an appeal to a class B that was granted by
the zoning administrator on basically the most important issue is valet
parking.
Mr. Plummer: OK, so you have said that it's OK to do it.
Mr. Rodriguez: The zoning administrator has said that it is OK to it. The
zoning board has uphold his position, and then the applicant, in this case,
the appellant, is appealing the decision by the zoning board.
Mr. Plummer: OK, where is the zoning director?
Mr. Rodriguez: The zoning administrator -over here, Mr. Genuardi.
190 July 14, 1988
Mr. Plummer: All right, where is the zoning administrator?
Mr. Rodriguez: He's here.
Mr. Plummer: Sir, would you come up and tell me why you feel that it was
justified.
Mr. Rodriguez: Commissioner Plummer, I think the appellant should go first in
the order...
Mr. Plummer: They can go first but I'm asking for information.
Mr. Rodriguez: Oh, OK.
Mr. Joe Genuardi: They submitted an application for a class B permit for
valet...
Mr. Plummer: For the record, your name...
Mr. Genuardi: Oh, yes, sorry. Joseph Genuardi, zoning administrator for the
City of Miami. The applicant submitted an application for a class B permit
for attendant parking or valet parking, the...
Mr. Plummer: Class B?
Mr. Genuardi: Class B, yes. The permit was reviewed and we found that it met
all the conditions that we required and, therefore, this is it briefly, it was
approved and issued.
Mr. Plummer: OK, thank you. I would assume we will hear from the appellants
first.
Ms. Louise Rubin: I'm Louise Rubin, I live at 3166 Center Street in Coconut
Grove. One of those selected to speak for myself and the other affected
members of our neighborhood.
Mr. Plummer: Ma'am, I'm sorry. You are not one of the appellants as an
individual. The appellants are one, two, three, four, five organizations.
Ms. Rubin: Well, I've been...
Mr. Plummer: They are the appellants, and unless you represent one of those
organizations and speak for that organization, at this particular point, you
are a member of the public.
Ms. Rubin: Yes, I'm a member of Apogee II.
Mr. Plummer: Do you speak for that organization?
Ms. Rubin: Yes, sir.
Mr. Plummer: OK. Thank you.
Ms. Rubin: I'm one of those selected to speak for myself and the other
affected members of our neighborhood at meetings held by five condominiums and
the individual homeowners in the notification area. Their signatures are all
on file and in the record. Now, in order to save time, I've made copies of my
presentation and I'd like to give it to you to follow.
Mayor Suarez: One of the appellants apparently has given me a note to the
effect that she could not remain, even though the matter was scheduled for
5:00 - it's a little bit after 6:00, and that's Townscape represented by
Estelle Roth, I believe, Madam City Clerk. Address given is 2778 Day Avenue,
number two. I presume that there may be someone or may not be someone from
that organization, as a substitute.
Ms. Rubin: Townscape? Anybody else here from Townscape here? Mr. Roth is
from Townscape.
Mayor Suarez: But I just wanted to put in the record that the appellant would
have stated her objections, go ahead.
191 July 14, 1988
a a
Ms. Rubin: OK.
Mr. Plummer: Has Mr. Genuardi got a copy of this? They're saying a lot of
things in here that you said are not true. So you'd better be prepared to
defend.
Ms. Rubin: Here, I have one.
Mr. Plummer: You said it met all the requirements, they're saying that it
doesn't.
Ms. Rubin: We're the fortunate ones. I feel for and commiserate with our
adjacent neighborhood. They have already had the Correa fix this office
development, twin to what has been planned for us. We have, we hope, a more
experienced City Commission to protect us from a repeat performance. I enter
into the record this morning's article from the Coconut Grove Neighbors
section of the Miami Herald and its headline, "Parking Scarcity Infuriates
Workers, Office Buildings Short on Spaces." The article's attached to the end
and anything I say I have supporting documents. We are next in line to chain
our lawns while, at the same time, we're helping to pay for the transportation
costs of City workers doomed to shuttle back and forth from elsewhere parking
to their jobs, a very neat modus operandi. But, like mathematics of a chain
letter, if allowed to continue, there would soon be no elsewhere parking. Now
we've come full circle back to you, the City Commission, to whom the unkept
promises by this developer were made on June 20, 1985. Much as we would like
to reverse the happenings of that day, that's not what we're here for.
Mayor Suarez: Let me interrupt you for a second, what was the promise that
you feel has not been kept, the one made on June 20th, 1985?
Ms. Rubin: What he proffered us on the declaration that day - I'll come to
that, it's in here.
Mayor Suarez: But, you can tell us what it is...
Ms. Rubin: Yes.
Mayor Suarez: ... Somebody tell me what it is before you get to it in your
written text?
Ms. Rubin: Yes, he proffered 10 percent more parking and he never, ever
mentioned during all the times that we met together, that he wanted valet
parking. Never.
Mayor Suarez: And that was in June of 1985.
Ms. Rubin: 1985 and we have Commissioner...
Mayor Suarez: What kind of proceeding - let me ask a question of Sergio here,
our planning director. What kind of proceeding was that in?
Mr. Rodriguez: It was a zoning change.
Ms. Rubin: Spot zoning.
Mayor Suarez: From what to what? From what to what?
Mr. Rodriguez: I believe from R - let me get Guillermo to answer that. I
believe it goes from RG-1/3 and RG-2/5 to RO-2.16.
Ms. Rubin: What he did was take a lot from 27th Avenue and then he had spot
zoned our street which is this, 3 lots that backed on to that, and to ask you
to make that the same zoning as 27th Avenue - right into our neighborhood.
Mayor Suarez: Well, these beautiful wooded...
Ms. Rubin: Now, that's over with.
Mayor Suarez: OK, if you let me ask the questions...
Ms. Rubin: Please.
192 July 14, 1988
Mayor Suarez: ... the chances of getting a vote are enhanced
a little bit.
These beautiful wooded surroundings that you've shown us here.
This is your
exhibit, right?
Ms. Rubin: Yes, sir.
Mayor Suarez: What do these have to do with the property that
wants a valet
parking, is it anywhere near these beautiful surroundings?
Ms. Rubin: That's it. It's right - I'll show you...
Mayor Suarez: A totally residential area with tons of trees,
what... is it
abutting on some important street over there, a major artery?
Ms. Rubin (OFF MIKE): ... 27th Avenue.
Mayor Suarez: On 27th, this is that close to 27th Avenue?
Ms. Rubin (OFF AND ON MIKE): Would you show it on here, please?
I'd like to
have the projectors showing where it is. Twenty-seventh...
Mr. Rodriguez: Mr. Mayor, we have a request from the attorney representing
the opposition and, I guess, for the City Clerk to have a
copy of this
statement so they can follow it better.
Mayor Suarez: A copy of what?
Mr. Plummer (OFF MIKE): This statement.
Mr. Rodriguez: The statement that the lady has given us so they
can follow it
better.
Mayor Suarez: OK, that's in the record then, ordered into the record.
Mr. Rodriguez: They don't have a copy.
Mayor Suarez: You can take this one here.
Ms. Rubin (OFF MIKE): No, I have one.
Mayor Suarez: Why would anybody put valet parking anywhere near these
surroundings? I don't...
Ms. Rubin: Yes, that's what we'd like to know, sir.
Mayor Suarez: For what, what kind of facility is this, Sergio? What do we
have over there?
Ms. Rubin: An office building.
Mayor Suarez: An office building with valet parking. Is that a first in
Miami?
Ms. Rubin: At the last...
Mr. Rodriguez: No, have been there before, until the ordinance was amended
that valet parking was allowed and then there was a change in the ordinance...
Mayor Suarez: When was that?
Mr. Rodriguez: I would like Mr. Genuardi to answer all those questions, if I
may, because he has the dates exactly.
Mayor Suarez: Well, I don't need them exactly, just roughly, I mean...
Mr. Rodriguez: No, it's important in this case, that's why I want you to have
it on the record, because I think there's a contention by them that the valet
parking was granted at a time that shouldn't have been granted. We made an
amendment in the ordinance to eliminate a...
Mayor Suarez: Joe, you ready for an answer on that question? I'm familiar
with valet parking for a restaurant in an office building on Brickell, I've
seen a couple of those...
193 July 14, 1988
Ms. Rubin: What's the question?
Mayor Suarez: ... but I've never seen valet parking just for the office
building. I'm not sure we want to begin that trend.
Mr. Rodriguez: Actually, we amended the ordinance because we thought that was
not a good portion - you know, and I didn't want to...
Mayor Suarez: What did we do to the ordinance, did we eliminate it?
Mr. Rodriguez: We eliminated valet parking for excess...
Mayor Suarez: So it doesn't exist any more. What's it going to be, a one
time in history case here?
Mr. Rodriguez: For excess parking.
Mr. Genuardi: Close. Excuse me, valet parking was not eliminated, it was
amended so that before you can have valet parking, you have to provide
required parking. The ordinance amending the...
Mayor Suarez: Why would you have valet parking if you have required parking,
because some people don't want to bother to park their own car? Is that the
idea?
Miriam Maer, Esq.: Excess parking.
Mr. Rodriguez: That will be for excess parking. The minimum requirement has
to be provided on site, and then any excess parking that the owner might want
to provide could be provided through valet parking or other means.
Mayor Suarez: OK, well I guess that sheds some light on all of this.
Mr. Genuardi: Did you want the dates? The ordinance amending this valet
parking was in December of 1986, became effective January loth of 1987.
Mayor Suarez: So we tighten up at that point?
Mr. Genuardi: Yes.
Ms. Lucia Anton: Lucia Anton, 31...
Ms. Rubin: What I'd like - wait a minute, Lucia.
Mayor Suarez: It's always important to me to know how these things were, you
know, before November of 1985 and after. You understand the significance of
that for myself and Commissioner Kennedy but...
Ms. Anton: I'm sorry, 3165...
Ms. Rubin: Wait a minute, Lucia, just a minute.
Mayor Suarez: Are you with her?
Ms. Anton: Yes.
Mayor Suarez: Same team?
Ms. Rubin: Well, let me finish my son's...
Ms. Anton: Yes. I want to make a clarification on what you were asking.
This ordinance changed in December and the petitioner that requested the
permit put his application in in November and you've all received the letter
which is on the record where we questioned all this procedure and why we have
never - after the presentation is made and you address all these questions, we
would still like to know why our letter requesting the procedure that Mr.
Genuardi followed, has never been responded to. We have spoken to the City
Manager, Assistant City Manager, head of zoning and planning, everyone...
Mayor Suarez: But you're saying it was requesting the procedure that he
followed?
194 July 14, 1988
Ms. Anton: Yes. In other words...
Mayor Suarez: Well, if he followed the procedure you requested, why would you
want another answer besides that?
Ms. Anton: No, we believe that the procedure wasn't followed correctly.
Mayor Suarez: Was not followed, well...
Ms. Anton: And we wrote a letter February 24th specifying all the
discrepancies we found, and only one item was referred to the City Attorney.
None of the other items were referred to the City Attorney at all. So after
we - this is just...
Mayor Suarez: Well, we'll certainly have to clarify that, but let her
complete her presentation. We'll have to clarify that.
Ms. Rubin: Yes, I want to make clear that the reason the developer wants
valet parking is so he can get as many cars in as big a building as he can.
Commissioner Plummer understood then the tremendous adverse impact as well as
the bad precedent this invasion, in reality, spot zoning, would have on the
character of yet another piece of residential growth. Backed up by then
Mayor...
Mr. Plummer: Ma'am, did I make that statement in the record? Is that my
words verbatim, spot zoning?
Ms. Rubin: No, I'm quoting... I am saying Commissioner Plummer understood the
tremendous...
Mr. Plummer: No, no, but that's not my terminology because that was not spot
zoning and I can't imagine myself making such a statement. I voted against
the project.
Ms. Rubin: Yes.
Mr. Plummer: No question and I had great questions and reservations, but I
never made the statement, because I couldn't, that it was spot zoning. So, I
want...
Ms. Rubin: You're right, you're right, Commissioner, that's my words, that's
my words. I don't have your's in quotes here.
Mr. Plummer: OK.
Ms. Rubin: It was backed by Mayor Ferre who voted against it. Unfortunately,
that was a minority vote. Ex -Commissioner Carollo, realizing the gravity of
the parking impact on this limited cul-de-sac area - our street is dead end -
proposed an amendment accepted by Commissioner Dawkins to increase the parking
requirements by 10 percent, and we quote Mr. Carollo. We have the minutes
here if you want to look at the minutes of the two meetings. In quotes, Mr.
Carollo said: "To protect a little more the fact that you're not going to
have people parking on the outside of the building." Unquote. And he
proffered this - the lawyer proffered it, 10 percent more.
Mayor Suarez: And then, what did he do? He said all of that and then he
voted for it? Because you said the vote...
Mr. Plummer (OFF MIKE): Yes.
Ms. Rubin: Yes, he did. He did.
Mayor Suarez: OK.
Ms. Rubin: He thinks he took care of everything by making it 10 percent more.
Mayor Suarez: I mean, that's my mathematics, you know, I mean, you said two
voted against and...
Ms. Rubin: Right. Now, July, 1988, what's happened to the protected 10
percent increase in parking requirements that was to decrease the impact on
195 July 14, 1988
this neighborhood's very limited parking. Its protective intent has not only
been wiped out but the normal protections have been invalidated by the
currently illegal, improperly approved, unwarranted valet parking. That
sounds like hyperbole, but let's take it item by item. Currently illegal; the
City last year finally banned this class B valet parking without an applicant
first fulfilling minimum off-street parking requirements. It was so often
used as a ruse to build larger buildings with ]essPr parking. In this case,
minimum off-street parking area was supposed to be 10 percent greater to meet
the Commission's special requirement for granting the zoning variance - it's a
variance. But, we quote Mr. Campbell from the design engineering of public
works, his inter -office memo which you have a copy of, Subject: Class B
review for valet parking at 2701 Day Avenue, to Mr. Genuardi of the building
and zoning department, item 5. He states, and you have a copy of this,
"...valet parking facilities may be allowed only after minimum off street
parking requirements have been provided. The plans do not indicate that any
required parking has been provided." Unquote, close quote. Now unwarranted;
this beneficiary of zoning variance has not shown good faith. To the
contrary, he has schemed to bypass the obligation he assumed in order to get
his variance. Despite the Sunshine Law, we have been unable to establish
proper datings for his bypassing the above ban. But he hangs himself with the
argument that he applied early - early enough to avoid a new regulation. For
if he did so, then his offer of 10 percent above the minimum off street
parking requirement was tongue in cheek, knowing that class B status would
offset the Commission's stated purpose of greater in-house parking area, not
less. Compression for valet parking completely frustrates the protective
intent. Most tenants and many visitors will first use up every vacant parking
spot in the neighborhood before submitting cars to the valet who, as
interviewees in today's previously mentioned article point out, it services
the needs of management rather than everyone else. There's no way that all
could be promptly served at rush hour times and properly approved. We again
quote Mr. Campbell's inter -office memo, quote "The proposed dimensions of the
access aisles and stall widths for the valet parking lot are substantially,"
may I repeat, substantially, "less than the City's minimum standards for
required parking. The proposed dimensions are also less than the minimum
recommended for valet parking by the Institute of Transportation Engineers."
Mr. Genuardi, who granted the permit, responded with, quote, "Dimensions of
valet parking do not have to meet the City's minimum guides and standards.
The spaces are sufficient width and depth for attendant parking." But they do
not meeting the minimums of the National Institute of Transportation Engineers
who, we're sure, do not set those standards lightly. Or even if there was
some question in Mr. Genuardi's mind about the professional opinions of
spacing, what about the City's Mr. Olmedillo, chief of the land development
division, who, in an inter -office memo, dated December 9th, 1987, wrote Mr.
Genuardi as follows, quote, and you have that letter, "Regarding class B,
special permit application for proposed office facility with off-street
parking for 73 required spaces to be maintained with attendant parking only at
2701 Day Avenue. Circulation pattern is too complicated. Day Avenue is a one
way street. Therefore, in the event that parking spaces 1-60 are occupied, in
order to fill in spaces 61-73, the attendant will have to leave the subject
property, go west two blocks because Center Street is dead end, in order to go
around the area, come back to the site, this will create a negative impact on
the adjacent residential neighborhood which will be affected by excessive
traffic." Unquote. Or the public works department, again, item two, on the
same topic, quote, and you have a copy of this inter -office memo, "...parking
in stall 61-73 will require a parking attendant to drive west on Day Avenue to
Mary Street, that's the one way going west, then loop around on the
surrounding streets to the parking lot entrance. The shortest of these routes
is approximately four tenths of a mile. The alternatives to this long
circuitous route is a much shorter, illegal and potentially hazardous route,"
I'm still quoting, "the attendants, at least sometimes, will probably drive
125 feet east on Day Avenue," this is a one way westbound street, "to the
parking lot entrance." In other words, they will go out, instead of going all
the way around and come in again, they'll just go the wrong way to get back in
again. I hate to subject you to this redundancy and I only do so to show...
Mayor Suarez: Let me ask you - let me interrupt you for a second and ask you
a question. Those are not all pages you're going to read from there, you have
some exhibits or something there, I hope?
Ms. Rubin: No, there's exhibits, yes.
Mayor Suarez: OK, are you getting to the end of your presentation?
196 July 14, 1988
Ms. Rubin: Yes, yes, I timed it, it's ten minutes.
Mayor Suarez: Ten minutes reading?
Ms. Rubin: It's over with now.
Mayor Suarez: You know, that can be dangerous to the health of your
presentation.
Ms. Rubin: Well, we've always been pu' off and I thought maybe you could at
least give us the ten minutes.
Mayor Suarez: Yes, but there's other people that want to be heard.
Ms. Anton: Louise, Louise, could you give us...
Ms. Rubin: All right, there's only one more page. I hate to subject you to
this redundancy and only do so to show you that Mr. Genuardi was subjected to
it, and at his own request for professional opinions, what we don't understand
is that despite these extremely negative unanimous reports on every aspect of
the application, he nevertheless granted it, leaving us no recourse but to
appeal his unilateral approval.
Mayor Suarez: Can you summarize, please...
Ms. Rubin: Yes, I'm going to - all right, to recap...
Mayor Suarez: ... we've got many, many items today and we've taken this out
of order.
Ms. Rubin: OK. Just one thing...
Ms. Anton: Mr. Mayor, maybe I can summarize it for her.
Ms. Rubin: ... wait a minute, let... I'll just summarize it.
Ms. Anton: Well, Mr. Mayor...
Ms. Rubin: Beyond the parking, on page 62 we quote Commissioner Dawkins. Is
Mr. Dawkins here, because we're quoting him?
Mayor Suarez: Whatever, he's quoted. Go ahead.
Ms. Rubin: I make a motion that this zoning request be approved if you stay
below three levels. That is my motion, Mr. Mayor. Unquote. And Mr. Cardenas
answers, in quotes, "I will certainly proffer a declaration to include the
items." Unquote. The above was voted on and passed. Now, in July, despite
your proper concern, Commissioner Dawkins, the plans are somehow approved for
four levels. We are pleased that this hearing gives you, Commissioner
Dawkins, the opportunity to see how your protection for us was implemented.
Whatever the subterfuge, four levels, not three, we applaud this Commission
for whatever steps it can take to withhold the special privilege somehow
obtained by this developer over and above that which the previous Commission
originally granted. As for the impact on the developer, the first spade of
earth has yet to be turned on this project. They can still build in a
responsible manner, properly fulfilling the zoning requirements without
subterfuge and equalizing their profit margin with that of other responsible
developers who do. And I thank you for this time.
Ms. Anton: My name is Lucia Anton, 3165 Center Street. In a nutshell, the
building by itself does meet the required off street parking. Therefore, the
developer had to request this special valet permit to permit him to park back
to back, the parking the cars so that he could fit in his four story building,
and that's what we are objecting to. We already accepted the fact that we are
going to have an office building in the middle of our neighborhood. We're not
happy with that but we've accepted it. We request please that you vote
against this valet parking. You already are familiar with the problems that
the only other building that has this which is the building that the City
rents on Aviation has occasion to the neighborhood. We beg that you please
don't allow this to happen on our neighborhood. We're a one way street on a
dead end street much narrower than Aviation. It would be disastrous. Thank
you.
197 July 14, 1988
Mayor Suarez: No one else on the appellant side?
UNIDENTIFIED SPEAKER: Are we just talking about the class B permit now or are
we going to do class C as well?
UNIDENTIFIED SPEAKER: Class B.
Mayor Suarez: You asked a question and you got an answer and I didn't get the
answer.
Mr. Plummer (OFF MIKE): I didn't hear the answer.
Mayor Suarez: Sergio, what was the answer to that?
Mr. Rodriguez: I'm sorry, sir.
Mayor Suarez: OK, he seems satisfied with the answer. He got no answer and
he was satisfied with the answer.
Mr. Rodriguez: If you want to hear from the administration, Mr. Genuardi will
be able to answer any questions.
Mr. Genuardi: My name again, for the record, Joseph Genuardi, zoning
administrator, City of Miami. First let me say that a valid complete
application was submitted on November 21st of 1986 prior to the change in the
ordinance for valet parking. Plans were reviewed and comments made and then
returned for changes. One of the other comments made was about the comment
made by Mr. Campbell. The zoning ordinance does not require, does not -
excuse me a second... does not have any specific requirements for valet
parking nor does the City Code nor does it refer to any standards. The
standards referred by the appellant I have never seen and I could never obtain
a copy of it, but even if there was such standards, they are not referred to
by the ordinance. We do have our own standards which we have set over the
years and that is that no more than two vehicles shall be parked back to back
so that only one vehicle will have to be moved to get at another car. The
width of the parking spaces does not have to meet the standard width because
when it's parked by an attendant, all he has to do is open the door on one
side. So instead of a nine foot wide space, all he would require is a seven
foot six space and still have enough room.
Mayor Suarez: Joe, what keeps the, in this kind of a system, what keeps the
person from parking a lot more than the number of cars that are supposed to be
in a self contained structure? Or does that matter to us?
Mr. Genuardi: Well, we would have to enforce it when we became aware of it
if, to either...
Mayor Suarez: But the idea, in this particular permit, is a self contained
parking situation where for whatever convenience and because they want to have
a little bit smaller parking spaces, they use valet parking, is that the idea?
Mr. Plummer (OFF MIKE): Well, they get credit for more parking.
Mr. Genuardi: Well, they...
Mayor Suarez: Well, that's what I mean, they get more parking, right?
Because they can fit more.
Mr. Rodriguez: The more parking that you have, the more of a structure you
can have more floor area you can have. That's the reason why they have valet
parking.
Mayor Suarez: Why can you have more parking, because the spaces can be
smaller?
Mr. Plummer (OFF MIKE): Yes.
Mr. Rodriguez: Right.
Mayor Suarez: For the reasons you just stated?
198 July 14, 1988
Mr. Rodriguez: Because you don't have to leave the space behind it, the car,
you can park one car behind another.
Mayor Suarez: Because you can stack them?
Mr. Rodriguez: You can stack them.
Mr. Genuardi: You can stack...
Mayor Suarez: And because the spaces can be smaller.
Mr. Rodriguez: Right.
Mr. Genuardi: Correct.
Mayor Suarez: I'm trying to figure out the logic of all of this. Now, do we
have a lot of these around? Or is this the only one?
Mr. Rodriguez: This is the last one they could apply.
Mayor Suarez: I know it's the last one, but do we have any before this one?
Mr. Genuardi: There are others, I can't enumerate to.
Mayor Suarez: On 27th Avenue specifically?
Mr. Rodriguez: There is one on the...
Mayor Suarez: Why do I get the feeling...
Mr. Rodriguez: There is one on Aviation and...
Mr. Genuardi: And 3006 Aviation.
Mr. Rodriguez: Right.
Mayor Suarez: Who is that? What project is that?
Mr. Rodriguez: The one that is mentioned in the article in the paper. The
one where we have rented. The City has used....
Mayor Suarez: I've tried to ask the questions directed at staff and not at
the paper. Any other projects like this that come to mind? The 32nd what,
you said, Aviation?
Mr. Rodriguez: The one in Aviation and...
Mayor Suarez: 27th?
Mr. Rodriguez: It's close to 27th.
Mayor Suarez: Aviation and Bird.
Mr. Rodriguez (OFF MIKE): Swanson and Bird.
Mayor Suarez: OK, sorry, Joe, go ahead.
Mr. Genuardi: OK. Well, we did refer the plans to the Planning Department
and to Public Works to review and after receiving their comments, I required
the applicant to make some changes to accommodate some of the Public Works
requirements. However, the authority to determine whether the proposal meets
the intent of the zoning ordinance, and whether or not in light of the
comments made that violates or is contrary to any terms or requirements or
purposes of the zoning ordinances is with the zoning administrator. I found
the layout to be acceptable to circulation and maneuverability sufficient for
valet parking. The few spaces, which are now eight of a total of 70 spaces
which are before the drop off point, can be utilized during the slow periods
and they're not wasted because they will be utilized and the rest of the space
is filled afterwards. Valet parking, they say, will have everyone leaving at
one time, but if they park their own cars, they're going to be all leaving at
one time and I think valet parking will control it even more. Another fact I
wish to bring out is that I want you to know that I'm an engineer, I was with
199 July 14, 1988
the department of highways in New York for 20 years and so I do have some
expertise in highways.
Mayor Suarez: Well, we figured it had to be New York just from listening to
you speak. Go ahead.
Mr. Plummer: Bragging or complaining?
Mr. Genuardi: The final plans, as revised, meet all the requirements of the
zoning ordinance and the restrictive covenant which was proffered during the
rezoning. They keep talking about a zoning variance, it wasn't a zoning
variance but a rezoning of the property. Another...
Mayor Suarez: A lot of people call the rezoning a variance, it's just sort of
common terminology.
Mr. Genuardi: ... and they met all other requested standards and, therefore,
I approved the class B permit for attendant parking and recommend now that the
appeal be denied.
Mayor Suarez: What is attendant parking? Is that the same as valet parking?
Mr. Genuardi: Yes, the zoning ordinance calls it attendant parking but it is
valet parking.
Mr. Plummer: Question. What happens if, for one day, the attendant doesn't
show up?
Mr. Genuardi: It's the responsibility of the building owner to have an
attendant there.
Mr. Plummer: OK, I understand that. And the building owner in all good
faith, hires a man to come in and do the attendant parking but he's sick, he
gets in an automobile accident, he doesn't show up. What happens?
Mr. Genuardi: I suppose the people will start parking their own cars but it
is their responsibility and we have a covenant to the effect that they will
continue.
Mr. Plummer: OK, all right, follow through on the question. If, in fact, it
doesn't happen, if there is not another attendant, then what is the penalty to
the developer?
Mr. Genuardi: Well, they're not fulfilling their - what they're supposed to
do, that they don't have the attendant, then they're not properly operating
the attendant parking.
Mr. Plummer: Is there a fine involved?
Mr. Genuardi: No, we can cite them for violation of the zoning ordinance and
they would have to cease to operate the building until they do comply with
what the requirements are.
Mayor Suarez: Counselor.
Al Cardenas, Esq.: Yes. Thank you. For the record, Mayor, members of the
Commission, my name is Al Cardenas with offices at 1221 Brickell Avenue. I'm
here on behalf of the appelleess to hopefully answer the comments made by
appellants and address specifically why you ought to deny their appeal. This
property, as you may know... and in spite of some of the fine, the lovely
pictures shown to you, of actual residential areas in the nearby residential
neighborhood, is located in a five -way intersection and it is planned to be,
of course, a smaller structure in that five -way intersection on Day and 27th.
Furthermore, as you may recall, the subject property is located on
approximately 30,500 square feet and contrary to perception, that clients
intend to build a facility which may perhaps be abusive of the area in
question, I do want you to know that the planned facility, which is
approximately 31,500 feet in construction, is substantially below your
originally permitted 40,000 square feet and the now permitted, under the Code,
36,500 square feet, so that the actual proposed facility is some 20 percent
below the permitted construction at the site, so that is item number one, I
want to tell you. Also, the parking spaces that are being provided...
200 July 14, 1988
Mayor Suarez: Is that true, under the existing zoning classification, or the
prior, or both?
Mr. Cardenas: Under the existing zoning classification our clients are
permitted to build a structure which is 36,814 square feet, at least, and
their planned facility is approximately 31,500 square feet, or 20 percent,
more or less, below the permitted amount. Furthermore, there is a total of 81
parking spaces being provided. The Code requests that you provide 74. This
again is in keeping with the proffering of the ten percent additional parking.
That was made at the time... that proffer was made to the City Commission at
the time that the attendant parking ordinance was in effect and of course, it
was considered at that time on that basis, and so the voluntary proffering was
made, knowing fully well, that this was a design of a building and a plant
that could have been made with this as a parking concept, which was on the
books of the City of Miami as an appropriate, applicable and permitted parking
concept. We would...
Mayor Suarez: Had that not been in place, you would be limited to how many
parking spaces?
Mr. Cardenas: Well, the question, Mr. Mayor, becomes would the applicant have
originally proffered to provide additional parking spaces, was were this
attendant parking ordinance not been in effect at that time, so what I am
trying to do, is reconstruct the fact that...
Mayor Suarez: I understand, I just wanted get your figures. You were saying
it went from 71 to 84, is that what you said?
Mr. Cardenas: There are 74 parking spaces required for the proposed facility
at this time. We are providing 81 spaces, based on the attendant parking
concept, but there are 81 on site parking spaces being provided, when the Code
calls for 74, and about 20 percent less volume...
Mayor Suarez: Let me ask the Planning Director a question. Are we concerned
about too many spaces, or are we concerned about to few? I guess it sounds
like we are concerned about too few for the building in question.
Mr. Rodriguez: You mean by who is we, the Commission, or we, the
Administration?
Mayor Suarez: Yes, the City, the Planning Department.
Mr. Rodriguez: The Planning Department's concern was that there will be...
Mayor Suarez: There is a threshold requirement of so many spaces for the
particular building in question.
Mr. Rodriguez: In this particular case, when we were concerned when Mr.
Olmedillo wrote the letter in relation to the class "B," the concern that we
had was that there was not maybe enough parking spaces for the amount of
building.
Mayor Suarez: OK, so then we are concerned about too few spaces. Are we also
concerned about too many?
Mr. Rodriguez: Right, excuse me, and then because of that the circulation
will be a problem throughout the area, understand?
Mr. Castaneda: If I may, I am going to hopefully address those concerns, and
of course, you know, try to present answers in the presentation, short
presentation, I may add to those concerns. I represent, as you know, an
applicant who for three years has been trying to build his facility there.
Also, contrary, I believe, to the statements made here, it's a subject of
interpretation. There are three stories of office buildings and then there is
the parking on the surface parking below, so there is an ordinance...
Mayor Suarez: Three stories above the ground, is that what you are saying?
Mr. Castaneda: Three stories above the ground. The height limitation...
201 July 14, 1988
Mayor Suarez: Can't see the other story at all from any side, any of the four
sides.
Mr. Castaneda: Right. The height limitation that the Code provides of 40
feet is being abided by. There is no violation of that code requirement, it is
being abided by. There are three stories of office space and there's a
surface lot below, and that is how the building is designed. There is no
office space on the ground floor, so there are three stories of office space
as previously stated. But, going back to the statement that these clients
have been trying to build an office space, or office building there, in
accordance with the zoning granted three years ago, as you may know, the
neighbors contested the zoning and the City prevailed in 1986, and our
clients, of course...
Mayor Suarez: You are talking about in court, contested in court, is that
what you mean?
Mr. Cardenas: Yes, it was contested in court, and it was upheld, so obviously
it is not spot zoning, but appropriate land use change, as stated by the
judicial proceedings. Subsequentto that of course, in the process of
obtaining permitted class "B" and "C" permits, subject to staff review, our
clients went through the process. You have before you memos from Mr.
Genuardi. Subsequent to that, Edith Fuentes was requested in March, or
February, perhaps, to review the class "B" and class "C" permits, based on all
the technical objections that the neighbors had raised in their
correspondence, and Edith Fuentes concluded, as had Mr. Genuardi, that the
class "B" and class "C" permits had been technically and professionally
correctly issued. There have been a number of technical challenges made by
the neighbors to the class "B" and to the appropriateness of the issuance of
the class "B" and class "C" permits. We covered that in about an hour and a
half, perhaps two hour hearing before the Zoning Board and I am pleased to
report to you that the Zoning Board voted unanimously to deny the appeal of
the class "C" permit and voted by a vast majority to deny the appeal of the
class "B" permit. After hearing all of the technical objections of the
neighbors and after hearing my response as well as staff's response to those
objections, and reviewing the memos from staff, so we have had a thorough
review by the judicial courts as to the zoning, now by staff and by the Zoning
Board, and we are here before you, three years later to still try to develop
this property in accordance with the plans which are appropriate, in keeping
with the Code provisions of this City, on class permits, "B" and "C" permits,
which were issued by staff, correctly, according to staff, and according to
your Zoning Board, so that's where we stand today. Let me make another
statement and that is that the statement had been made earlier, relative to
the memos which were forward by Mr. 01medillo and Mr. Campbell, to Mr.
Genuardi. I want you to know that a number of those concerns, as well as a
number of the concerns expressed by the neighbors continuously, in at least
five separate meetings with our clients, as well as comments from Mr. Genuardi
himself, were incorporated into the plans which you have before you today.
The plans before you today are not the plans that Mr. 01medillo and Mr.
Campbell and the neighbors had commented on way back at that review time
process. Many of the changes proposed by the neighbors and proposed by Mr.
01medillo and Mr. Campbell, are incorporated in your current plans, so you are
in actuality, reviewing on the one hand, at the suggestion of the neighbors,
memos from staff, but in reality, many of those requested changes are
incorporated into the actual plans and I want you to be cognizant of that.
Also, for the record, in case this matter is appealed as well in judicial
proceedings, I want to remind the neighbors as I did at the Zoning Board
hearing, that they must comply with the mandate of the City ordinance,
involving these administrative appeals. At the time of the Zoning Board
hearing I advised the neighbors and read into the record the City's ordinance
pertaining to the fact that you must, when appealing a decision, state with
specificity, you grounds for such an appeal, and that of course, the reason
for that is to prepare the City, staff, and prepare the appellee, to prepare a
reply or response to those grounds. I advised them that they had not done
that at the Zoning Board hearing. Now, we are before you on an appeal again
to the City Commission under section 3200 of the City Code, and again, they
didn't do so, and...
Mayor Suarez: Well, you sound like you have a pretty good idea of what their
appeal is all about.
202 July 14, 1988
Mr. Cardenas: Well, there are technical requirements, which must be met in
the process, and I am just trying to save the record, not suggest that...
Mayor Suarez: OK, for the record, whether you were notified or not, or
advised or not, seems to me, and it is my opinion, that you would have
understood quite clearly what their appeal is based on, and have prepared
according, it sounds like.
Mr. Cardenas: Well, I am not going to necessarily respond unless I have to,
to your comment, but hopefully reserve my legal rights that they proceed
technically correct. Let me, if I may, then proceed to answer very briefly
the five major points which they raised technically on their appeal. They
raised that our client, Mr. Carillo is not an authorized agent, or the
rightful applicant under section 2304.1. I think both Mr. Genuardi and Mrs.
Fuentes by memos of which should be part of your packet, have replied that
that is just not correct. They have concluded that he is one of the owners of
the Day Center Corporation, and authorized to sign the application and the
matter in which he did was appropriate. lie is the only owner of this
corporation and so there is really no question as to the appropriateness or
authority of his execution of the document, being the only owner of the
corporation. Furthermore, for the purposes of fairness, Mr. Carillo, had been
dealing with the neighbors prior to the filing of the appeal, and going
through the whole judicial process as well as various neighborhood meetings
with some of the neighbors, so and the fact that that was the case, the
appellants knew always that Mr. Carillo was the correct party involved, and as
such, from a standpoint of technical sufficiency and fairness, that technical
objection is clearly met. Second technical objection raised by the neighbors
was a noncompliance with section 2401.3 of the Code, which provides as
follows: "Where the administrator finds it necessary to make referrals within
five working days, a zoning administrator shall make referrals to other
officers, agencies or departments." Mr. Genuardi, the neighbors state, didn't
do this within five days of receipt of the application and as such, a granting
of the permits were invalid. This provision of course, is entirely for the
benefit of the applicant to expedite the application process. There clearly
are provisions in other code sections for applicants to agree to time
extensions, supplementing the applications and by mutual agreements for time
extensions and for good cause, and those are sections 2401.3, 2303.1, and
2304.23. Furthermore, Mr. Genuardi did not have to make referrals, and he so
stated in his memo to Ms. Fuentes of 3/14/88. Your staff has agreed that that
is the case and in any event, there are ample provisions for the extension of
time, which again inured to the benefit of the applicant, not to potential
objectors in the future, so that technical objection likewise, we feel is
unfounded. The third one had to do with a violation of ordinance 1033, which
was effective January '87, and signed into law July of '87. They stated that
that was violated, since Mr. Genuardi did not get a complete application. Now
that ordinance defines a complete application as being on a form approved by
the City, all applicable info requested by form be provided, and reviewed and
signed by the administrator. Clearly all three criteria were met. That was
stated by Mr. Genuardi and I haven't heard why it is not. Since it was
complete, then Code section 3405.3 applies, because it provides that any
property owner, who prior to the effective date of any legislation, repealing
or modifying the regulations which allow its requested activity, has filed a
complete application, is hereby authorized to proceed with such application,
regardless of subsequent repeal of regulations, relevant to such requested
activity. That is the ordinance that we are talking about, the attendant
parking ordinance. You have an ordinance on the books which clearly states
that even if the ordinance is subsequently repealed with a rollback provision,
as long as the application is in process, that it is... they have a legal
right, and are entitled to its completion, so you have an ordinance clearly in
the books permitting Mr. Genuardi to do what he did. As a matter of fact, he
couldn't have done otherwise, because that is how your ordinance calls for him
to act, so the fourth provision had to do with... alluded to the memo from Mr.
Olmedillo and Mr. Campbell, but I answered that earlier in the presentation.
Frankly, as I review the matter and come to a conclusion, I want to state to
you that the one document that I would review in upholding the permits and
denying the appeal are the memo from Ms. Fuentes, which is self-evident, of
March 14th of '88; the technical grounds for the appeal which have been raised
by the neighbors, I think I have answered every one of them, and they are just
not correct and staff acted appropriately, and the project is going to be
built as the plans represented, in accordance with valid zoning, valid class
"B" and class "C" permits, on the basis of meeting all code requirements, and
exceeding many provisions by providing ten percent more parking, more
203 July 14, 1988
landscaping that is required, a number of landscaping buffer areas that
certainly are not called for by the Code, but were voluntarily proffered,
height limitations, which have been complied with, and 20 percent less square
footage than the code provides for permission, and lastly, Mayor and members
of the Commission, this is a developer who has been waiting for three years,
through a judicial and administrative appellate process, to proceed with the
construction of the plans and has been stymied by the public's right of
review, but we frankly feel that hopefully this will be the last stopping
ground for such a process. Thank you.
Ms. Lucia Anton: Lucia Anton, 3165 Center Street. In quick rebuttal, part of
those three years, one of them spent one year on Mr. Genuardi's desk at the
petition of the developer, he's put in his petition for the application for
the valet parking permit, November 24 of '86. Mr. Genuardi did not OK it
until November 5th of '87, so you lost one year on your own account, not
because the neighborhood was fighting you and as for that ordinance that
defines the complete application. It says it must be signed by the zoning
administrator, and Mr. Genuardi did not sign until November of '87, so when
the ordinance changed, it had not been OK'd by Mr. Genuardi. Furthermore, Mr.
Cardenas referred to the property being on a five -way intersection. Well, a
little portion of the property is on 27th Avenue, but 85 percent of the
building is going to be on the corner of Center and Day, so if you are
familiar with the drawings you realize that just a tiny bit of the building, a
little wing that comes out, is going to be fronting on 27th. The rest...
Mayor Suarez: Where is the entrance to the parking?
Ms. Anton: On Day, on a one way street. There is not enough room on 27th for
there to be an entrance off 27th. Also he says how generous the developer
has been in not even filling the amount that the Code allows for the square
footage. He's not doing that out of generosity, he's doing that because he
can't fit any more space on there unless he goes up another floor, because he
had ten foot buffers to comply with, ten foot buffers, plus the drawback.
That's he is why he is limited to 31,000 square feet. As to the parking...
Mayor Suarez: The setbacks.
Ms. Anton: ... and setbacks and also buffers, because when he got...
Mayor Suarez: This whole thing is a drawback to the rest of us here.
Ms. Anton: When he got the zoning change, it was required that he put ten
foot buffers around the property, to separate his office building from the
residences. As far as his providing ten percent more parking, if he doesn't
get this valet parking, he doesn't even provide the required off-street
parking. The only way he provides that ten percent more, which is in this
covenant, is if he stacks them up, and I don't know if anybody here has been
assured that one valet is going to be able to get rid of 81 cars at 5:30 p.m.
when everybody rushes out of work. I don't know how that is going to function.
As for his saying that it is three floor office building, that is a
technicality. The structure is four floors. You have ground level parking,
and three floors above it. To me, one plus three is four. As for his stating
that Ms. ...
Mayor Suarez: Well, but that restriction typically applies to height...
Ms. Anton: Height limitations.
Mayor Suarez: ... and that typically has to do with floors above it. People
want to start digging out, you know, we haven't had too many of those, but if
they want to start digging underground, I guess...
Ms. Anton: He could do three stories and go underground, but it would cost
him more.
Mayor Suarez: You are another one that likes to interrupt the Mayor. OK, go
ahead.
Ms. Anton: Sorry. Ms. Fuentes...
Mayor Suarez: It happened a lot today.
204 July 14, 1988
Ms. Anton: ... and I would like you to ask her, because maybe I'm mistaken -
the memo which came in response to the letter of February 24th, which I handed
out to you, was a memo where Mr. Genuardi answered my queries to Ms. Fuentes,
who is his superior. She simply remitted them to Mr. Rodriguez, saying These
are Mr. Genuardi's replies." She did not say that she was in agreement with
the process that he had followed. Neither had Mr. Rodriguez, nor anybody else
in the City, agreed with the process that Genuardi used. Everywhere I have
been told that Mr. Genuardi is omnipotent, and can decide on his own, who he
gives the permits to.
Mayor Suarez: That is the first time he has ever been accused of that! He
has been accused of a lot of other things, not that, not until today.
Mr. Plummer: Are you sure you pronounced that word correctly?
Mayor Suarez: Now, you got me on that one. I don't have a comeback on that.
Ms. Anton: Now, since you know, Mr. Cardenas is a very prominent attorney,
setting things for the record, we in the neighborhood are kind of worried,
maybe we should state a few things for the record, too. He specified...
Mayor Suarez: You have stated a few things for the record!
Ms. Anton: Well, for in case we go to appeal. The agent was Hernando Carillo.
He was very fussy about our letter of our appeal that we didn't specify our
exact reasons for appealing this. Well, it would have been, you know, a seven
or eight page letter, so we just stated for obvious reasons we didn't want
valet parking, but when Mr. Carillo applied for the valet parking, he just
signed it, Hernando Carillo, he did not put, president, he didn't put Center
Day Corporation, or whatever it was, so I mean, if he can get technical, I
guess we can get technical.
Mayor Suarez: All of those technical requirements are there to preserve your
substantive rights, and both of you seem to...
Mr. Plummer: And make lawyers wealthy.
Mayor Suarez: Right, and make lawyers wealthy - good point. I guarantee you
those have been preserved. I'll tell you the same thing I told the other
side on those technical requirements. I don't...
Ms. Anton: Well, I would like you to ask Ms. Fuentes if...
Mayor Suarez: Maybe a court of law would look at it differently, but we
don't.
Ms. Anton: Well, I would like to know if Ms. Fuentes and Mr. Rodriguez and
everyone else, who is Mr. Genuardi's superior, did in fact, approve of and
agree with the way he issued the permit, because...
Mayor Suarez: What's that got to with anything? What is relevant to...
Ms. Anton: Because...
Mayor Suarez: No, no, don't. We know that you think it has some relevancy,
but, what does that have to do with anything? I mean, what is she talking
about, the difference processes of votes that Mr. Genuardi followed here?
Mr. Rodriguez: I think she is trying to figure out whether there was...
whether the zoning administrator was functioning within his proper role. As
far as I am concerned, the role of the zoning administrator is defined by
section 2301.1.1, in which he is the person solely responsible for the
decisions in class "B."
Mr. Plummer: Fools rush in where wise men fear to tread.
Ms. Anton: Answerable to who? - that is what I have been trying to find out.
Mr. Rodriguez: Beg your pardon? I didn't hear you.
Mr. Plummer: The Mayor asked you what ... asked her what bearing this matter
had, and he explained to her it had no bearing, but yet, you had to come in
and quote all these damn numbers. Fools rush in where wise men fear to tread.
205 July 14, 1988
Mrs. Kennedy: I understood that an investigation was completed by Edith
Fuentes and she concurred that everything was in order and in the application
was ... Sergio, where did I get that from?
Mr. Rodriguez: You can ask Ms. Fuentes. What she did, she took... she is
here, and she took the report from Mr. Genuardi, and she included that as part
of the report, so I am assuming that she endorsed the report.
Ms. Edith Fuentes: Good evening.
Mayor Suarez: Well, what team are you on now? Are you with her?
Ms. Fuentes: We just happened to become good friends due to this case.
Mayor Suarez: Strike all of that from the record.
Mr. Plummer: That will look great in the court records!
Ms. Fuentes: I am just kidding - just kidding. For the record...
Mayor Suarez: Since this is on videotape, why don't you move away a little
bit? Thank you. Now, Madam Director of Building and Zoning.
Ms. Fuentes: For the record, Edith Fuentes, Building and Zoning Director.
When I received the request from the Zoning Board to look into this matter,
what I did is, I met with Mr. Joe Genuardi and had him walk me through the
entire procedures that he had taken. Based on everything that he showed me,
the plans, applications, papers and all that, I do not necessarily have to
approve or disapprove or affirm, or you know, something with his decisions.
All I did was concur that as far as I am concerned, he followed the procedures
and...
Mayor Suarez: And that he is the one with the discretion to approve or
disapprove.
Ms. Fuentes: Right. Now, I was put in several occasions, I was put in a
position where questions came up - "Well, can you reverse him, or can you, you
know, do you agree with his decisions," and all that, and I said, the only,
you know, board that might be able to do that is the Zoning Board and that is
exactly why we are referring you back to the Zoning Board. That's all I have
to say. Thank you.
Mayor Suarez: Anything else, hopefully, on substance and not procedure at
this point? Yes?
Mr. Cardenas: Yes, first I wanted to let the Mayor and the Commission know
that I have been of course, through this process on numerous occasions, but I
must commend the neighbors for having prepared themselves in a manner in which
most has challenged our abilities to hopefully come up with the right answers.
They've done the most thorough investigative work of this procedure that I
have been familiar with and commend them for their tenacity in standing up for
what they feel is their point of view. Hopefully, we have...
Mayor Suarez: Why don't you let us do all the complementing? - Particularly
if we vote against them, you know, that way we get something in there.
Mr. Plummer: Are you trying to justify a high fee?
Mr. Cardenas: No, I was going to get to one rebuttal of Ms. Anton's, without
hurting her feelings, and that is that every time I've made a comment, I
wanted to make sure that I could substantiate what I've stated. For example,
when I mentioned that we could build 36,500 square feet and we are only
building 31,500, yes, we are limited in design by the setback requirements,
height requirements, etc., but there are plenty of plans which could be
developed providing underground parking, as do other facilities in the Grove,
that would have permitted our client, in spite of those restrictions, to come
up with a site plan that would include that much in square footage, or so I
have been advised by the client who is an architect, so I've tried to be as
careful and precise as I can when I have made a statement and...
206 July 14, 1988
Mayor Suarez: You know, this is not really rebuttal, we've covered all this
ground.
Mr. Cardenas: Yes, well, it was stated that...
Mayor Suarez: And I'm not sure you are entitled to rebuttal, anyhow, but
anything else new, counselor, before we...
Mr. Cardenas: Nothing new, Mayor.
Mayor Suarez: Bob, I hope you tell us one thing that nobody on that side has
told us, just what, other than the fact that these pictures indicated that
this is a very nice wooded neighborhood now, it appears that the property is
more on 27th Avenue - what is wrong with this valet parking there. How could
it possibly hurt, that it would you know, arose the neighborhood in this
fashion?
Mr. Bob Fitzsimmons: Well, before the short presentations, I think you had
hit it on the head, and that is, how many office buildings do you have valet
parking, and the question is, as a matter of policy, should you allow valet
parking at an office building?
Mayor Suarez: But we've taken care of that with the new ordinance, you know,
and this happens to be the last case under the prior one.
Mr. Cardenas: Office In The Grove.
Mayor Suarez: And a rezoning that I wouldn't have voted for and I think none
of the ones that are sitting up here would have voted for it, and in fact, one
of them that was sitting here didn't vote for it.
Mrs. Kennedy: He needs to place his name in the record.
Mr. Fitzsimmons: I'm sorry. Bob Fitzsimmons, my address is 2512 Abaco
Avenue, in Miami. The question is, the code provides for an appellant remedy
ultimately to the Commission to review a policy decision made by the zoning
administrator, so I am here as a concerned citizen asking you as the final
policy arbitrator, not to put it...
Mayor Suarez: So what is wrong with valet parking here? I mean, why isn't it
a good idea. It sounds to me like it is a good idea.
Mr. Fitzsimmons: It is not a good idea because...
Mayor Suarez: Why not?
Mr. Fitzsimmons: ... I live by the only other building known to have valet
parking in the City of Miami.
Mayor Suarez: And what happens over there?
Mr. Fitzsimmons: Which is Mr. Carillo's building on Aviation. Everybody who
does not want to use the valet parking parks in the surrounding neighborhood,
and what has happened is, all the residents in the area have been required to
put curbs up and all kinds of measures to have people not parking in their
front yards, and that's what is going to happen with this neighborhood. You
have 50 feet on 27th Avenue and you have approximately 150 feet on the back
street, where these people are going to park. If they don't want to go to the
attendant, this isn't a restaurant, they are going to work, they are in a
hurry, they don't want to go to the attendant who has 15 cars waiting, where
are they going to go? They are going to park in the back street, and after a
year, that is where they are going to park all the time. They are not going
to go valet parking, so as a matter of policy, you have already codified that
they should not have valet parking in office buildings. By means of this
appeal, you have that chance now to implement the policy again, prior to it,
by under the code, this provides the appellant procedure.
Mayor Suarez: That's the problem. It is sort of prior to it, it is sort of
retroactive.
Mr. Fitzsimmons: Well, you still have discretion. The Code considerations
are ingress and egress and how traffic affects the surrounding neighborhood.
207 July 14, 1988
Under the Code you have the say that valet parking is too much of an adverse
impact on the surrounding neighborhoods to be permitted in an office
building.
Mayor Suarez: Supposing you didn't have valet parking? Isn't there still a
potential that people don't feel like parking in the building, for them to
park somewhere nearby, as long as it is legal?
Mr. Fitzsimmons: Certainly there is a potential, but the valet parking
increases that potential ...
Mayor Suarez: Because of the backup?
Mr. Fitzsimmons: First of all, they cannot park in the building by
themselves. They are not permitted to. The spaces are smaller than are
required.
Mayor Suarez: Yes, I gathered that structurally, it just doesn't work. Do
they have to tip the valet? I mean, is that another disincentive here?
Mr. Fitzsimmons: Well, I am sure there is no law requiring you to tip a
valet, but do you feel awkward of you don't?
Mayor Suarez: This is not part of the process, presumably, right? - these
people get their...
Mr. Cardenas: Well, Mayor, the other is not the only... first of all, the
other is not the only building with valet parking. Office In The Grove has
met their parking requirements through the attendant ordinance in existence at
that time, and that's a major facility. Number two, the City of Miami's
employees, that fill the other building has nothing to do with this. Number
one, they don't exceed by 10 percent the parking requirements, number two, the
City of Miami provides more personnel per square footage, because the way that
municipal offices are than anyone else, and the shuttle system is a
convenience. Number three, in Brickell Avenue and other areas of the City,
the intent has always been that it has nothing to do with this project, but it
has to do with a thought process to provide less parking the employees need
and they are shuttled in all the time. Number four, I disagree totally with
what was stated earlier, and that is that you cannot legally take into
consideration the fact that you don't agree with valet parking as a concept as
a reason to vote against us, because you had attendant parking as part of
your ordinance at the time that that applicable, so...
Mayor Suarez: We know that. Yes, that is pretty clear now that that happened
to be the law at the time.
Ms. Anton: Just to clarify, I managed Office In The Grove for two years. We
have valet... I don't work there anymore, but they have parking for all their
tenants. The valet parking is only and exclusively for visitors.
Mayor Suarez: OK, anything else from anyone? Commissioners?
Mr. Plummer: Mr. Cardenas, I still have one concern. I am concerned, and
give me some relief, the valet parking attendant does not show up. Are you
proposing to have two?
Mr. Cardenas: Well, there are... OK, of course, I know what you are getting
at. Of course, the air conditioning breaks, or...
Mr. Plummer: I'm saying things beyond your control, OK?
Mr. Cardenas: We can proffer on the record that there will always be a backup
person available to handle the matter because there will always be employees
of the building within the building. How we handle it will be our problem,
but what you want is for us to proffer the fact that there will always be
substitute attendant, and I'll presume you'll want something to happen in the
event we don't comply with that provision.
Mr. Plummer: Well, the director has said that for whatever reason you don't
comply, that you understand that the building is closed.
Mr. Cardenas: That's correct.
208 July 14, 1988
lin
0 0
Mr. Plummer: OK?
Mr. Cardenas: That's correct.
Mr. Plummer: What you're saying is that there will always be someone on the
premises who is the backup...
Mr. Cardenas: Yes.
Mr. Plummer: ... until you can get another person in there, that seems
reasonable to me, OK?
Mr. Cardenas: Yes.
Mayor Suarez: Anything else?
Mr. Fitzsimmons: Just one point. On reviewing that valet parking, we are not
saying that you can say that valet parking was not permitted at that time. We
are only saying that in your discretion you can say valet parking is not
appropriate at this location.
Mr. Plummer: Well, you know, let me go ahead and express, as unhappy as this
is going to make some people. Valet parking, in my estimation in this
particular case, is going to offer to the neighborhood, the less possibility
of additional cars on the street. If the developer built according to code,
and went with the 74 spaces, then in fact, that is what we would have and
there would be no additional spaces and then anything beyond that, they would
be parking on the street. We are looking at, in this particular proffering,
that there would be, what is it? - nine or ten more spaces than would be
provided otherwise. I am looking at the fact that the developer played by the
game, by the rules that were in place at the time. You might say, well, OK,
the City, that's the reason you changed it, and we did in fact change it, but
that doesn't affect this developer who had his set of rules given to him of
how he shall comply. I personally don't see a problem as it exists. I feel
comfortable in the fact, that if the regular attendant, which would be my only
concern, did not show up, and there would be someone there to provide those
additional nine parking spaces that would not be available without the valet
parking. Without the valet parking, you go to regular sized spaces. You
would be down in the neighborhood of 74 or 72, and based on that, you would
have the problem, so I am looking at it from the stand point, one, the
developer played by the rules at the time that he applied and second of it
all, it provides the possibility of ten more parking spaces. This was not the
subject of the matter when this matter came before us as a zoning item. As
some of you may recall, I voted against it, I was opposed to it, it is now as
reality that is there, and I think it behooves me as a Commissioner to try and
do what I think is best and that is to get all of the parking that I can for
an office structure, so I am just expressing my feelings on the record.
Mayor Suarez: Again I entertain a motion from the Commission. Sounds like
you are ready to move to deny the appeal, but I haven't heard the magic words.
Mr. Plummer: Mr. Mayor, as Steve Clark used to say, "Everybody wants to go to
heaven, but nobody wants to die." If my fellow colleagues are finished with
discussion, I'll make such a motion.
Mayor Suarez: So moved.
Mr. Plummer: My motion is to uphold the Planning Director, the Building
Director...
Ms. Maer: The Zoning Board.
Mr. Rodriguez: Zoning Administrator and Zoning Board.
Mr. Plummer: I'll move to uphold the Zoning Director and the Planning Board,
I so move.
Mayor Suarez: So moved and seconded. Any discussion?
Ms. Maer: Just for a point of clarification, that's a motion to deny the
appeal and uphold the Zoning Board and Zoning Administrator.
209 July 14, 1988
Mr. Plummer: Have it your way.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-666
A RESOLUTION DENYING THE APPEAL AND UPHOLDING THE ZONING
BOARD'S AFFIRMATION OF THE ZONING ADMINISTRATOR'S DECISION
TO APPROVE CLASS B SPECIAL PERMIT, FILE NO. B-86-0060, FOR
THE VALET PARKING FOR THE PROPOSED OFFICE BUILDING TO BE
LOCATED AT 2701 DAY AVENUE, MIAMI, FLORIDA; AND ADOPTED
AND INCORPORATING THE FINDINGS OF THE ZONING
ADMINISTRATOR.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: None
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: It is passed anyhow, I guess. It would be really inconsistent
with my stand on 27th Avenue to have voted for this. At this particular point,
I don't know what to make of all this. In the future this cannot happen at
all?
Mr. Rodriguez: You cannot have any more valet parking to meet the minimum
requirements.
Mr. Plummer: Unless we change the ordinance.
Mr. Rodriguez: Unless we change the law.
Mayor Suarez: I guess I could vote, and I will symbolically no, but I
understand that the Commission is being consistent with a prior rezoning,
frankly, and I don't think that my vote adds anything to the discussion one
way or the other.
68. DENY APPEAL AND UPHOLD DECISION OF ZONING BOARD TO APPROVE CLASS C
SPECIAL PERMIT FOR PROPOSED OFFICE BUILDING AT 2701 DAY AVENUE.
Mayor Suarez: Do we have a companion item that is a Class "C" permit?
Mr. Rodriguez: Yes, there is an appeal to the Class "C" permit, which is item
number 153.
Mayor Suarez: What's the problem on this one? Any major disputes here?
Mr. Rodriguez: We have the appellant here.
Mr. Plummer: Obviously!
Mayor Suarez: I was hoping one of them was easier than the other.
210 July 14, 1988
Mr. Plummer: What does the Class "C" propose to do? Do you issue that? Who
issues the Class "C"?
Mr. Rodriguez: The Class "C" is issued by the Planning Director. That's me,
Sergio Rodriguez.
Mr. Olmedillo: Yes, and specifically for the district, for the zoning
district, RO-2. 1, it is for the use specifically, and let me quote from the
zoning ordinance, so that that is clear on the record. And I quote: "As for
RO-2.1 residential office, as for RO-2, except all uses in this district..."
and I want stress uses... "require a Class "C" special permit and in addition,
the following commercial facilities are permitted only at ground level
locations." But I think what is important to stress is that the only issue
that the Class "C" is looking at is the use of the building, as is stated in
the zoning ordinance.
Mr. Plummer: As an office use?
Mr. Olmedillo: Yes, sir.
Mr. Plummer: In other words, the objection then filed by the people of the
neighborhood, are objecting to it being used as an office? Is that the only
basis of this appeal?
Mr. Olmedillo: To the Class "C" and to our understanding, the only thing that
they could appeal would be the use, which is the only issue addressed by the
Class "C."
Mr. Plummer: Well, I just heard Mrs. Anton say that they had, you know,
really understood that they were going to have an office building, and they
realized that. Now, maybe the objectors are going to use some other argument.
Ms. Lucia Anton: Lucia Anton, 3165 Center Street. It is my understanding, or
the neighborhood's understanding that as to the landscaping issues, we
couldn't address it in the Class "B." We had to address it in Class "C" and
that's the items that we are appealing.
Mayor Suarez: OK, what are the items? What is the issue?
Ms. Anton: Well, other people are going to speak on this.
Mr. Brooks Brierley: We are objecting to the landscape plan as proposed by
the developer.
Mr. Plummer: But he says you can't do that under the Class "C" permit, that
you can only... no, excuse me, I'm not an attorney now. The attorney, what he
has stated on the record that the only objection can be for the use of the
proposed building.
Ms. Maer: Well, what the Class "C" provision in this ordinance, is that in
this zoning district, in order to have this particular use of office building
a Class "C" permit is required in order to provide the Planning Director with
an opportunity to review the application and attach all necessary conditions
and safeguards that the Planning Director feels are necessary, in order to
make the proposed use of an office building compatible and harmonious with the
surrounding neighborhood.
Mayor Suarez: OK, the use is not the issue. The compatibility and
harmoniousness or harmony, I guess, with the surrounding neighborhoods is.
Mr. Rodriguez: I think what Mr. Olmedillo was referring to is that all the
uses which are permitted in the district require a Class "C" and then in
dealing with the Class "C" you have to follow the criteria, which is under
section 20305.
Mayor Suarez: Oh, she just defined it in general terms, did she not? -
compatibility and harmony with the surrounding area?
Mr. Rodriguez: Among other things, you have ingress and egress, landscaping,
and so on.
211 July 14, 1988
Mr. Brierley: There is a second Class "C" permit here as well, but we not
appeal that, so there is a series of them.
Mayor Suarez: OK, but the one that you did appeal, what is your objection to
it?
Mr. Brierley: Well, I am Brooks Brierley, I live at 3126 Center Street. I'd
like to just hand out something to each of the Commissioners before I speak.
Mr. Plummer: Thank you.
Mr. Brierley: I'd just like to make several comments about the proposed
landscape plan for the building.
Mr. Rodriguez: Could we have a copy of that for the record so that we can
folloq the presentation?
Mr. Plummer: I'll give you mine as soon as I've finished.
Mayor Suarez: This onw can be introduced into the record.
Mr. Plummer: Excuse me. Have any of us seen the landscaping plan that they
are going to object to? I have not.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Now, I don't know how I can sit here again without the facts.
Has anybody else seen the landscaping plan?
Mr. Rodriguez: The landscaping plan is part of the record, and we can show
you today what has been introduced in the record.
Mr. Plummer: Where is ingress and egress? It is what?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Is this the plan that you are bound by?
Mr. Cardenas: Yes.
Mr. Plummer: Well, you know, I wish you had showed this... no, no, excuse me.
I'm going back to the other item, to the Class "B," because one of the things
that did concern me, but obviously had been worked out, is definitely here,
and that was the gentlemen who spoke to the fact that it was going to have to
go down around... the lady, I am sorry. Ma'am, have you seen this plan?
Obviously, you haven't. This plan shows coming off of Day into a stacking
area, underneath of the building, with a drop-off area, into the parking area.
Why wasn't that brought out before? This is not on the street, this is under
the building. Well, you see, now why didn't somebody from... you know, I pay
you guys a hell of a lot of money. Why didn't somebody bring that out?
Mr. Rodriguez: I thought it was understood, sir.
Mr. Fitzsimmons: Mr. Plummer, based our investigation of this, there is a good
chance it wasn't in the file when we looked at it.
Mr. Plummer: Well, you know but I am saying is that this lady got up and made
one fine presentation, but unfortunately, what she said is not correct! And I
am not blaming you, Ma'am, but here it is very clear. It shows an ingress
here, a stacking area off the street, a drop off area... OK, let's go back to
the landscaping, because that's... I shouldn't go back and rehash history.
Alright, so then I understand, sir, that your objection is to this landscaping
plan? You have seen it?
Mr. Brierley: Yes, sir.
Mr. Plummer: OK, now I think we can talk on the same level.
Mr. Brierley: I have several objections to it that I think the Commission
should consider and include in their final decision on this. The site contains
a lot of very large trees, tall live oaks and seagrapes with as much as a 50
foot spread on them. Some of them form a canopy inthe corner of the property.
212 July 14, 1988
You will see that in the picture in the top left hand of the folder I gave
you.
Mr. Plummer: Closest to Center Street.
Mr. Brierley: Yes, that's right on Center Street. Most of the big trees, all
the big trees except one are on corners of the property. They can...
Mr. Plummer: We don't have that. All we have is what is going to be there
after the building is finished. Show me the one he's speaking about that's up
in the left hand corner, because that's not in the left hand corner.
Mr. Brierley: Yes.
Mayor Suarez: Let the record reflect that Mr. Olmedillo is saying that the
plans do reflect existing shrubbery and vegetation.
Mr. Plummer: OK, well that is the upper right hand corner. Go ahead.
Mr. Brierley: You should also be aware the original site plan of the property
eliminates one of these very large trees, so depending on which plan you are
looking at, you will see all of them, or you won't.
Mr. Plummer: Do you want to look at this one and make sure we are all talking
on the same plan?
Mayor Suarez: And in the meantime, Guillermo, who wouldn't, in the process of
negotiating for the Class "C" permit, you not philosophically, and as a
general matter require that all existing landscaping be kept to the extent
possible? Have you done that?
Mr. Olmedillo: Some of it can be kept and the ways to mitigate this is
whenever we have a tree removal, then we have to compensate with a number of
trees and when I have a chance of making the presentation, you will see how
many new live oaks are replacing the live oak which is being talked about at
this point. We found ways of mitigating by replacing with new trees in other
locations within the same site.
Mayor Suarez: But you keep saying, mitigating. Why not just leave the
existing landscaping?
Mr. Olmedillo: Well, it gets to a point that the tree, which is a large tree,
it is in a location within the site that will limit so much the construction,
that then very little can be constructed, because that tree is large and it is
old, and it cannot be...
Mayor Suarez: And what happens when you put the new one in, if you put
another...
Mrs. Kennedy: Can the... first of all, can the tree be saved at all?
Mr. Olmedillo: The problem is there. We sat down with two landscape
architects for over an hour trying to figure out a way to save the tree,
either by trimming it, or by pruning it, or by relocating it and neither of
the options was open.
Mrs. Kennedy: OK, having said that, then...
Mr. Brierley: I would point out to you that when you... with these trees are
torn out, the site is stripped of its large vegetation. It doesn't look like
Coconut Grove anymore. It looks like some other place. The idea that these
trees would be replaced, they talked about being replaced at the Planning and
Zoning meeting, Mr. Cardenas referred to a 14 foot high oak tree.
Mayor Suarez: How big are they now?
Mr. Brierley: These trees are maybe 60 feet high. If you plant 14 foot oaks
in the place of what is there now, your great-grandchildren won't see trees
this size here. It is not the same quality of landscaping that is being
replaced. If you look at the second picture in the folder, that's a very
similar building, the building on Bird and Aviation a developer has built and
it shows you how...
213 July 14, 1988
Mayor Suarez: You know, I have to say that that is precisely the problem with
the rezoning, because if they had kept the zoning the way it was befcre,
chances are we wouldn't be at this point.
Mr. Brierley: With the parking extending from underneath the building, it
insures that these trees have to be torn down unless the configuration of the
building is changed, and I would suggest to you that by tearing down those
trees, it forms an intrusion in the neighborhood, reducing property values.
If those trees are saved, and that can be done by simply changing the
footprint of the building, you have a very good neighbor, instead of a very
bad neighbor, and I think you should do that. I'd also point out to the
Commission... well, let me refer to the last photograph in the folder.
There's the existing building that you see in the top photograph of the
folder, next to a building that has kept all it's landscaping, and look at the
difference. That type of landscaping enhances the value of property, so there
is every economic reason to keep it. During our discussions, we talked about
replacement vegetation for this property. This is the Dade County Nursery
report. It is the standard landscape architects working manual to buy
landscaping. There is no reason that minimum sized landscaping has to be
bought. It is readily available in this standard guide every day. My
landscape architect used it, and I know other landscape architects used it.
You can buy 40 foot oak trees. You can buy 40 foot seagrapes, you can buy 10
foot high oleander. There is no limit, and all the landscape architects in
South Florida use this. Since that is the quality of landscaping that exists
on the property, we think that it is reasonable to ask that you insist that
the developer keep that quality of landscaping, and if the landscaping plan be
changed to incorporate that. Thank you.
Mr. Cardenas: Mayor, if I can, for the record let me state the following - if
you will look at the landscaping legend in those plans, you will see the trees
that are there now. If you look at the landscaping legend of what is
proposed, you are going to find the following when you compare both: number
one, that many valuable trees are being relocated in order to maintain the
landscaping integrity of the project; number two...
Mayor Suarez: Relocated to where?
Mr. Cardenas: Within the site. Number two, of those particular trees which
are not salvageable, based on the professional opinion of the landscaping
architects consulted by your planning director, they have made the developer
mitigate by providing a substantial amount more of trees than were on the site
at the time that the building is to be constructed, and therefore, if you will
look at the landscaping legend, it is a factual question. Look at the
landscaping legend of what is there now, look at the landscaping legend of
what is being proposed, or made to happen by the Planning Director, and you
will find that there will be...
Mayor Suarez: Wait, but the legend doesn't have the height.
Mr. Cardenas: Well, look at the heights proposed by the Planning Director.
It is substantial. These are not what we call in the trade, you know, Mickey
Mouse landscaping. These are substantial height requirements that the
Planning Director has made mandatory. You know, my suggestion is, if you have
any questions as to...
Mayor Suarez: Let me ask him, is that a fair appraisal there, that they are
substantial trees? We are not talking about Mickey Mouse?
Mr. Rodriguez: Wait, let me have Guillermo address that.
Mayor Suarez: Wait until the Disney people get a hold of this discussion!
Yes?
Mr. Olmedillo: Yes, in the plans you will see that there are four live oaks
to be removed and there are 23 to be put in place. The height of these trees,
of 14 feet, but then again, pay attention to the numbers. We are saying four
against 23.
Mayor Suarez: And how high do they grow? - potentially as high as the
previous ones?
214 July 14, 1988
0 0
Mr. Olmedillo: Yes, it is going to take long, but they can grow as high as
the existing ones, it depends on the age.
Mr. Cardenas: It is close to a five to one mitigation, Mayor, removal versus
replanting.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I only see five trees remaining.
Mr. Olmedillo: Fourteen feet, yes, sir.
Mr. Plummer: According to this list...
Mr. Dawkins: We are going to put 23 trees in that are 14 feet high?
Mr. Olmedillo: That is correct, sir. That is one of the items. When you look
at the list, there is royal palm, and there is ixora and ficus. As to the
ficus, there are 140 ficus being planted also on the site, which you know, it
is a hedge material, and it also a very good flower plant.
Mr. Cardenas: You are going to need a machete to go into the property in ten
years. No, I think, Mayor, we will do what you wish, this landscaping issue
has been rehashed for, I mean, for many meetings and many hours to hopefully
please the community.
Mayor Suarez: OK, let's hear it and put this to rest, because we do have many
other items. We are going to try to get to as many as we can tonight, and you
know...
Mr. Brierley: Well again, I would urge the Commission that you can save these
trees and it is economic to do so.
Mayor Suarez: You have indicated that. OK, anything else?
Mr. Tim Kelsey: Yes, please. I am Tim Kelsey, 3165 Center Street, unit
number two. We face the back end of the building. The biggest tree that we
see is the oak tree which is supposedly 70 feet high. They are going to
replace it with a bunch of trees that are about that thick! The tree that is
there, I go around three times like this. When we met with the developer in
the beginning, he said that he would make some changes on the back of the
building, structural changes. He was willing to do anything. I see no reason
why he couldn't make some kind of a change in this building where this tree
could be utilized...
Mayor Suarez: You are talking about one tree in particular?
Mr. Kelsey: One tree, it is huge, and it could be saved. All it would do is
cost a little money, but it might also cost a parking place.
Mayor Suarez: I have to say that maybe you ought to consult with your client,
but I mean, this whole thing is about one tree? I mean, we've got 70 items
left, by my...
Ms. Anton: It is about one parking space. That tree occupies one parking
space, which means I don't know how many square feet.
Mr. Brierley: Mayor, it is not about one...
Mayor Suarez: You know I am going to have a recurring dream tonight of you
coming every five minutes, regardless of what the topic is or what the moment
is, or what we are discussing, I mean...
Mr. Brierley: Mayor, it is not one tree, it is a canopy of...
Mayor Suarez: You have an incredible amount of spring. You should probably
a basketball player.
Mr. Brierley: Mayor, it is not one tree, it is a canopy of several trees,
plus another large single tree. There is a number of these.
215 July 14, 1988
0
Mayor Suarez: Well, I mean, you are not going to solve one tree first, I
mean...
Mr. Brierley: Well, they are all the same.
Mayor Suarez: Can't that one tree be spared? I mean, if it is that
important?
Mr. Cardenas: Mayor, the landscaping architect consultant, the Planning
Director and our clients, the architect have all concluded that you cannot
save that tree. You cannot replant it, you cannot trim it, you could not do
anything with it, without altering the property to the point where the plants
would be useless, and...
Mr. Dawkins: But if you destroy the tree, do you pick up the parking place,
parking lot?
Mr. Cardenas: No, that is not a correct statement.
Mr. Dawkins: Well, leave the tree there then.
Mr. Cardenas: We can't because it is not a matter of saving a parking space,
it is a matter of how the construction has to take place.
Mrs. Kennedy: What are you offering to do with that tree if you can't replace
it?... if you can't save it - replace it?
Mr. Cardenas: Replace that and three other oaks trees with a total of 23 oak
trees, 14 feet in height.
Mayor Suarez: How about replacing that tree by...
Mr. Plummer: There is no 23 oak trees on this plan.
Mr. Cardenas: Fine, Mayor.
Mayor Suarez: ... big replacement. I mean, I've been to Armando Codina's
house, I've seen how people can actually buy large trees and put them in.
Mr. Cardenas: We will replace that one tree by a very large tree.
Mr. Plummer: Wait a minute, there is no 23 oak trees left on this plan.
Mr. Cardenas: Well, Mr. Olmedillo should be able to show them to you. Do you
want to show them, Mr. ...
Mr. Plummer: According to this, of the existing trees, there is five
remaining.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Come look at it. According to this, this is the inventory of
the trees that are there now, OK? This one remains, this one, this one,
OK?... this one and this one.
Mrs. Kennedy: Eighteen and nineteen.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: But there is no oak trees in that. What the hell is that?
Unidentifed Speaker: That is an oak tree, live oak.
Mr. Dawkins: That's a Florida palm.
Mr. Plummer: Let me stand corrected for a Quercus Virginians, which I am
told, translated, means live oak.
Mr. Rodriguez: Quercus Virginiana.
Mr. Plummer: It sounds like a disease!
216 July 14, 1988
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, look, you know, you and I have dealt on this matter
before, and it is going to cost you a few dollars. Now, if in fact, this
Quercus Virginiana... their concern is their view of that building, OK? And
I'm saying to you, rather than getting them at 18 feet, OK, I think you are
going to have to go higher, all right? - because I think their main concern is
to be a buffer, whatever, landscaping...
Mr. Cardenas: OK, let me, let me, right... there are landscaping experts that
have been consultants to do this. Let me give you an example. If you asked
me now, Commissioner Plummer, "Mr. Cardenas, there is a 60 foot oak tree, in
spite of the fact that you are replacing five with 23, will you give me one 30
foot tree?" I'd say sure. What is the big deal. The problem is, that to
have a proper professional landscaping plan, it all has to fit in in terms of,
you know, the height, that you can't have a 40 foot and a 10 foot, I mean,
they would all look out of place.
Mr. Plummer: OK, well, I am going to tell you, I am going to give you that
opportunity.
Mr. Cardenas: But if that what you would like, that's fine.
Mr. Plummer: I'll tell you, you want my vote? Here is how you are going to
get it. You are going to go on the thirteen Latin names here, from 18 feet,
to 25 feet, that is 7 more feet, OK? And from there you blend in your plan
backwards, and I think that is going to give you, at least two and one-half to
three stories up.
Mrs. Kennedy: Sounds good to me.
Mr. Plummer: And I think that that is reasonable, I think it affords them
some protection away from the harshness of a building, and I am talking about
going up on 13 trees, with the other ones that are remaining.
Mr. Brierley: But Commissioner, could you please save that canopy of trees
right at the corner of that property. It is just a matter of a few feet. All
he has to is alter the building.
Mr. Plummer: No, he says he is talking about over here. He is not talking
where you are talking.
Unidentified Speaker: (OFF MIKE)... foundation.... you damage the foundation.
Mr. Plummer: Oh, you can't do that. Hey, listen, we heard the argument
before that the man is building 500,000 square feet less. Now, you bring in
another ten feet, you are cutting it down even further. Let's be reasonable
and try...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, then you have got to go up. Well, I would say you do. When
you squeeze in, there is only one way to increase footage, and that is go up.
Hey, I am telling you where I stand, OK?
Mrs. Kennedy: They have already reduced their F.A.R., and redesigned the
whole building, and I think it would not be the correct thing to ask him to do
that because of the trees, but I like your idea, J.L. If that is a motion,
I'm am ready to second.
Mr. Plummer: Well, give everybody the opportunity to speak, I'm not... and
the applicant has got to agree to it. I, you know...
Mr. Cardenas: Yes, we've agreed to increase the height of the 13 trees in
question.
Mr. Plummer: Al, it goes a little further than that, now, because you were
the one that brought it up, and I am going to crucify you with your own words.
When you increase those to 25 feet, I want a landscape architect to make sure
that the others that are proposed blend in.
217 July 14, 1988
Mr. Cardenas: OK, but remember, a good number of trees are going to be
replanted. I can't increase the height of a replanted tree.
Mr. Plummer: No, sir, I am only asking you to increase the height on the 13
live oak trees, OK?
Mr. Cardenas: Yes, that's fine, and that's... I understand.
Mayor Suarez: OK, are you going to make that in the form of a proposal,
motion, suggestion, solution, help?
Mr. Rodriguez: Mr. Mayor, could we, for the record let Guillermo Olmedillo,
representing the Planning Department put something on the record of the
recommendations from the Planning Department.
Mayor Suarez: Yes, please, Guillermo, quickly.
Mr. Olmedillo: Yes, quickly. The final decision was mailed to all the
neighbors around it. The conditions of the final decision were delivered to
the applicant, and what I'll read for the record, only those conditions of the
final decision, so it is on the record, and reads: "subject to final approval
of the Class "B," so it is contingent upon the Class "B" so it is contingent
upon the Class "B" and as follows: one, compliance with the Department of
Public Works requirements, recommendations, regarding right-of-way
improvements for the three abutting streets; two, construction of a five foot
minimum height concrete wall facing Day Avenue to block the view from the
right-of-way; three, relocation of the existing tropical almond trees, numbers
2, 3, 5, 13 and 20, to the new landscaped area, on the northern property line;
four, replacement of all the proposed royal palms by live oak trees, of a
minimum height of 14 feet; five, replacement of all the proposed black olive
trees by live oak trees of a minimum height of 14 feet; and six, widening the
entrance of brick pavers from Day Avenue." Those were the conditions upon
which the Class "C" was issued.
Mayor Suarez: And what do we do, finally, about the tree, the big one?
Mr. Rodriguez: No, Commissioner Plummer was talking about that.
Mr. Olmedillo: Increase the height.
Mr. Rodriguez: You were talking where he was going to change the height of
the tree, or something, right?
Mr. Plummer: The height of the tree, of the 13 trees which really make up the
perimeter, will go to 18 feet to 25 feet, minimum. I don't mind if they are
higher, but minimum, 25 feet.
Mr. Dawkins: (OFF MIKE) I wouldn't give them
Mayor Suarez: All, or just the one?
Mr. Plummer: No, the 13, together with the others that are remaining on the
site. Those will stay, so there is no change in those.
Mayor Suarez: Is that in the form of a motion?
Mrs. Kennedy: Second.
Mr. Plummer: If nobody else has any discussion.
Mayor Suarez: Yes, not only that, if it was assumed to be a motion, she
already seconded it.
Mr. Dawkins: Is there a motion?
Mayor Suarez: Yes.
Mr. Dawkins: For what? What is the motion?
Mayor Suarez: You want to restate it, their proposal?
218 July 14, 1988
Mr. Plummer: My proposal is to change the proposed landscaping on the 13 new
live oaks from an 18 foot level to a 25 foot level, with the rest of the
provided shrubbery to blend in.
Mayor Suarez: OK.
Ms. Maer: May I restate that please?
Mayor Suarez: Yes.
Ms. Maer: Is this a motion to deny the appeal and uphold the Zoning Board and
the Planning Director's decision subject to the requirements that those trees
be increased in height and the shrubbery blended?
Mr. Plummer: I surely would not be proposing sanctions on the developer if it
was anything else.
Ms. Maer: Thank you
Mayor Suarez: Motion and a second. Any further discussion? Call the roll.
That is the best we can do.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-667
A RESOLUTION DENYING THE APPEAL AND UPHOLDING THE ZONING
BOARD'S AFFIRMATION OF THE PLANNING DIRECTOR'S DECISION TO
APPROVE CLASS C SPECIAL PERMIT, FILE NO. C-88-848, FOR THE
PROPOSED OFFICE BUILDING TO BE LOCATED AT 2701 DAY AVENUE,
MIAMI, FLORIDA, AND ADOPTING AND INCORPORATING THE
FINDINGS OF THE PLANNING DIRECTOR, SUBJECT TO REPLACING
THE 13 TREES ALONG THE PERIMETER OF THE PROPERTY WITH 25-
FOOT OAK TREES INSTEAD OF THE PROPOSED 18-FOOT TREES.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None
ABSENT: None
Mayor Suarez: I hope that other people don't take it as a precedent that it
is just a matter of varying heights here, to the extent possible, trees ought
to be preserved as they are, and I hope they make an effort, the department,
keep trying for that.
219 July 14, 1988
69. AUTHORIZE EXECUTION OF AGREEMENT WITH GREATER MIAMI NEIGHBORHOODS INC.
TO PROVIDE FINANCIAL AND TECHNICAL SUPPORT TO COMMUNITY BASED
CORPORATIONS FOR AFFORDABLE HOUSING (See labels 26 and 30)
Mayor Suarez: So let's take at least one-half hour on the other matters that
are important, and then we take 15 personal appearances of two minutes each,
and we go home.
Mr. Dawkins: OK, I am going to move 35. I pulled 35, because I can move
35...
Mr. Plummer: I was asking, or going to ask, I have not asked for one all day,
to pull 124.
Mayor Suarez: OK, we've got a motion on 35. Does anybody have a problem with
35?
Mr. Dawkins: 35 was the one with the housing, whatever it is, 35, the
neighborhood housing.
Mr. Plummer: It was withdrawn.
Mr. Dawkins: No.
Mayor Suarez: He wants to bring it back.
Mr. Dawkins: I withdrew it. I withdrew it.
Mayor Suarez: It was withdrawn at the request of the Commission. OK, does
anybody have any problems with 35?
Mr. Plummer: It was withdrawn by the manager.
Mayor Suarez: You are giving him a hard time, just vote on it!
Mrs. Kennedy: Just a second. Let me just read it.
Mr. Plummer: What do you want? Do you want to pass it?
Mr. Dawkins: Yes.
Mr. Plummer: I second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 35. Is
it an ordinance, by any chance?
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-668
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
BETWEEN THE CITY OF MIAMI AND GREATER MIAMI
NEIGHBORHOODS, INC., FOR IMPLEMENTATION OF THE GREATER
MIAMI NEIGHBORHOODS PROGRAM IN THE CITY OF MIAMI WHICH
PROVIDES FINANCIAL AND TECHNICAL SUPPORT TO COMMUNITY
BASED NOT -FOR -PROFIT CORPORATIONS IN THE PROVISION OF
HOUSING AFFORDABLE TO LOW AND MODERATE INCOME
FAMILIES; FURTHER DIRECTING THE CITY MANAGER TO
REALLOCATE A TOTAL OF ONE HUNDRED TWENTY-FIVE THOUSAND
DOLLARS ($125,000) FROM UNCOMMITTED LOTH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE
AFOREMENTIONED PURPOSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
220 July 14, 1988
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
70. DIRECT ADMINISTRATION TO PREPARE REQUEST FOR PROPOSALS (RFP) ON BUS
SHELTERS.
Mr. Plummer: Item 149. It is reference to bus shelters, which has been going
on for...
Mayor Suarez: Yes, yes.
Mr. Plummer: ... years. The Administration had changes. I would ask at this
time, this is the word given by the Administration to direct the
Administration to bring the RFP for bus shelters for the July 21st meeting for
approval, and to instruct the Administration, if the RFP is approved, to issue
the RFP and bring it back in the September meeting for award, I so move.
Mr. Dawkins: Second.
Mayor Suarez: So moved, seconded. Any discussion?
Mr. Plummer: And let me for the record, Mr. Mayor, this has got the potential
of $100,000 of revenue a year to this City. I think it is important.
Mayor Suarez: Not to mention people being outside of the sun and rain in
those shelters, which we should have done a long time ago. Call the roll. I
can't believe you are arguing while we are trying to take this. Please!
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-669
A MOTION DIRECTING THE CITY ADMINISTRATION TO PREPARE
RFP'S ON BUS SHELTERS FOR CONSIDERATION BY THE CITY
COMMISSION AT THE MEETING OF JULY 21ST, STIPULATING
THAT IF SAID RFP'S ARE APPROVED, THEY SHOULD
IMMEDIATELY PROCEED TO ISSUE SAME IN ORDER TO BRING IT
BACK FOR AWARD AT THE FIRST REGULAR MEETING IN
SEPTEMBER.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
221 July 14, 1988
------------------------------------------------------------------------------
71, ACCEPT BID OF NICO INDUSTRIES INC. FOR COCONUT GROVE EXHIBITION CENTER
EXPANSION AND RENOVATION.
Mayor Suarez:
recommendation?
---------------------------------------------------------------
Item 88, Dinner Key Exhibition Center. What is the
Mr. Odio: We are recommending that we accept the lowest bidder, which was
NICO. We have, after reviewing, because it was originally felt that it could
have been a mistake in the tabulations, but the Law Department reviewed this,
the companies met and we feel that we still should award it to the lowest
bidder.
Mrs. Kennedy: How defensible is it in court, Mr. City Attorney?
Mr. Fernandez: What was that?
Mayor Suarez: I thought we had an indication that the second lowest bidder is
not going to sue?
Mr. Fernandez: All conflicts have been resolved.
Mrs. Kennedy: Oh, they have been resolved?
Mr. Fernandez: Yes.
Mrs. Kennedy: Wonderful.
Mr. Odio: So that is why we are...
Mr. Fernandez: We no longer have a protest nor a lawsuit.
Mayor Suarez: I see a lot of nodding out there. It sounds... hopefully, you
are on this item, otherwise, you're just deceiving us.
Mr. Dawkins: Let me ask a question. There have been at least 10 bids that
were put out and at least 8 of them had minority participation, and Benjamin
Plumbing has the first one to win. Somebody explain that to me.
Mayor Suarez: Why did it take 8 different...
Mr. Dawkins: No, this is the loth one and he is not on this one. Explain
that to me, somebody, anybody over there.
Mr. Plummer: I thought this bid was closer to the $5,000,000 mark, and I am
looking at $6,200,000.
Mr. Odio: No, it was $5,999,000 and the important...
Mr. Plummer: Unfortunately, Mr. Manager, we just got this.
Mr. Odio: Wait, excuse me, and the Sports Authority will agree to fund up to
$6,213,000. She will explain. It's some additional work that needs to be
done, and...
Mr. Plummer: But what about the other $2,000,000?
Mr. Odio: That I have to find to do the work from City funds. That's is what
we agreed to.
Mr. Bailey: I don't know what he said.
Mr. Odio: By the way, the first time we bided this project, the bid was
almost $6,800,000, so re -biding, we have saved close to $700,000.
Mr. Plummer: Who is the architect?
Mr. Odio: Spillis, Candela.
222 July 14, 1988
Mr. Plummer: OK, I want to ask the architect, sir, you have got to be
familiar with prices. You know that this City Commission told you explicitly
$5,000,000, $5,000,000! Now, how come you couldn't design a building for
$5,000,000?
Mr. Julio Grabiel: If I may explain to you, sir. My name is Julio Grabiel,
I am a partner with Spillis Candela and Partners. The project is not only
$5,000,000 budget. If you remember, we started this project with a
$5,000,000. At that time, we realized that there was two parts to the
project. One, was the addition, 45,000 square feet, that is the expansion to
the facility, plus there were life safety items that had to be taken care of
all in the existing building, which they don't do that right now, so we ended
up, the budget actually was $7,000,000 for the total project.
Mr. Plummer: It was five and two.
Mr. Grabiel: Five and two, right. The building is now with the alternates
that we have selected, at $6,213,000, because it includes the different
alternates that we want to pick. So it is within the budget that we have
talked about and...
Mr. Plummer: No, because you still got $2,000,000 beyond this.
Mr. Grabiel: No, no, we are talking... We have been very careful with this
building, sir. We have been very tight in our designs to make sure that we
got good projects, that is it well built...
Mayor Suarez: This is it, in other words, the Commissioner is asking, we
spent this money, this will be the completed facility as we had envisioned it,
and you are not going to come back with another item later asking for another
$1,000,000 or $2,000,000.
Mr. Plummer: OK, what you are telling me is that for the $6,213,000, that is
everything. That is total.
Mr. Grabiel: That is construction cost.
Mr. Plummer: No, no, no!
Mr. Dawkins: (OFF MIKE) Send him back, throw him back, J.L. They are not
doing what you told them.
Ms. Juanita Shearer: May I explain something relative to the budget? In
October of last year, the City Commission approved a resolution which
authorized us to expend $5,000,000 on the extension and an additional
$2,000,000 on code compliance.
Mr. Plummer: We approved that not because we wanted to. We approved that
after we had approved the $5,000,000 and you subsequently came back and told
us that there had to be $2,000,000 worth of improvements prior to spending the
$5,000,000. That's the way it happened.
Ms. Shearer: Well, Commissioner Plummer, we bid the project as a whole
project and the $2,000,000 and the $5,000,000 established a construction
budget for this project of $6,060,000. That project included the expansion,
it included site improvements, it included renovations in the existing
facility, including toilet renovations for code, exiting capacities, fire
protection system, office and storage and concession areas. That is the
project that was the base bid. We put that project out for bids with additive
alternates, with the minority set -asides in terms of trade for the black
contractors and 25 percent set -aside for Hispanic contractors and the 17
percent goal for female set -aside... and we received, as you are aware, a bid
for $6,700,000, which we threw out. We re -bid the project and we received
three bids, the lowest of which is for $5,900,000.
Mr. Plummer: What is the total bottom line?
Ms. Shearer: The current package that you have before you is a bid for the
base bid, plus two additive alternatives, which comes to $6,213,989.
Mr. Plummer: Is that the total bottom line?
223 July 14, 1988
Ms. Shearer: Of that which we would like to award today, yes.
Mr. Plummer: The total bottom line! The third time, Juanita, how much total?
Ms. Shearer: How much more you want to spend, sir? I am sorry,
Commissioner...
Mrs. Kennedy: Are you going to come back to us with any surprises?
Ms. Shearer: No.
Mr. Plummer: To cut the ribbon at the front door, how much is it...
Mr. Dawkins: Including the furnishings.
Mr. Plummer: Including everything!
Ms. Shearer: $7,000,000.
Mr. Dawkins: $7,000,000?
Ms. Shearer: Yes.
Mrs. Kennedy: seven, five?
Mr. Plummer: Where does the seven, five come from?
Mr. Odio: It will be running around seven.
Mr. Plummer: You are pulling rabbits out of a hat.
Mr. Dawkins: May I ask a question, J.L., while you are waiting?
Mr. Odio: The total will be $7,200,000. In other words, from the $6,200,000,
whatever this is, to $7,200,000, another million dollars.
Mr. Dawkins: May I ask a question, J.L.?
Mr. Plummer: Please! I sound like a broken record up here.
Mr. Dawkins: Who is the project manager for this project?
Ms. Shearer: I am.
Mr. Plummer: Who, ha, you are?
Mr. Dawkins: Who was the...
Ms. Shearer: Well, my department director was, and in his absence, I am.
Mr. Plummer: You are the project manager during construction?
Ms. Shearer: No, sir.
Mr. Plummer: OK, isn't that what you meant, during construction? That is
what I thought you meant.
Mr. Odio: It will be John Blaisdell with Wally Lee, and also Tony Pajares who
is now responsible.
Mr. Dawkins: All right, I will go back. Let me go back. Who are the staff
persons responsible for bringing this in at the amount that it came in at.
Mr. Plummer: I've got to blame it on the architect.
Mr. Dawkins: Well, that means he is responsible because when he took his bid,
he was...
Mr. Plummer: He drew the plans to take the bids and he knew fully well lwhat
we had to spend.
224 July 14, 1988
0 0
Mr. Dawkins: That's right and he knew that, but no, wait a minute, who is
responsible for this?
Mr. Odio: Let me tell you this, Commissioners, we are under budget. We have
a good deal in front of us. We are going to end up doing this for
$7,200,000.
Mr. Dawkins: Mr. Manager, you are not under budget, because the gentlemen
standing there was given specific orders not to design anything that costs
more than $5,000,000.
Mr. Plummer: That's all we had to spend.
Mr. Dawkins: All right, hold it now. Now, you come up with this that's over
$5,000,000 and you got two jail houses that's over $5,000,000, and the same
people in charge that keep coming with over bids.
Mayor Suarez: I remember the figures. I don't think you have to get upset,
Mr. Manager. I remember the figure being $7,000,000 and I know that at one
point, we wanted to hold this particular phase to $5,000,000. If the whole
matter comes in at $6,200,000, I am ready to vote on it and hopefully the rest
of the Commission is.
Mr. Odio: Let me explain something to you. The total budget was $7,000,000,
and we are going to come in at $7,200,000. That's less than the 10 percent
that...
Mayor Suarez: $6,200.000.
Mr. Plummer: No, it is $7,200,000. We throw a million dollars around here
like it means nothing.
Mayor Suarez: What about the bonding? Who is our bonding expert? Are we
going to get it from the resort development tax?
Mr. John Blaisdell: Mr. Mayor, John Blaisdell, for the record. If I may
indulge in one minute of history, I think it would be very helpful in clearing
up the discussion.
Mayor Suarez: How about if instead of all of that, you just tell me the
answer to my question?
Mr. Blaisdell: The funding is available for the project. There is currently
$7,500,000 that has been allocated, $5,500,00 by the Miami Sports and
Exhibition...
Mr. Plummer: You see, this is the problem. John, I'm sorry, the Mayor asked
you a specific question. Is this money available from the TDC?
Mr. Blaisdell: The dollars are in the bank.
Mayor Suarez: Right, the resort development tax.
Mr. Plummer: But you haven't answered his question.
Mayor Suarez: Is it from the resort development tax? In other words, the...
Mr. Blaisdell: Our $5,500,000 is from the convention development tax.
Mayor Suarez: OK, where is the rest of the money?
Mr. Blaisdell: The $2,000,000 is going to be City funding through a future
debt issuance.
Mr. Dawkins: What is the future debt issuance?
Mr. Plummer: Wait, no, no, that is not a true statement.
Mayor Suarez: Buttressed by what? Wait a minute, let me see if I can figure
out what he... well, you can always issue all the debts you want, which is
another way of saying there is no bond money, but buttressed on what streams
of revenues? What income? John, don't go away. Oh, it is not your... have
225 July 14, 1988
you made the calculations at the same time that Miami Beach is saying that
they are going to be able to produce a heck of a lot more than what they need
for the new convention center, as to how much we are going to be able to make,
based on the additional revenues that are coming in?
Mr. Blaisdell: Yes.
Mayor Suarez: What does it come out to?
Mr. Blaisdell: We expect over about a 15 percent increase, but it is not
real... you know you can't bond it unless you realize it though.
Mayor Suarez: Miami Beach seems to think they can.
Mr. Blaisdell: That is why they have a $10,000,000 deficit in their
exhibition.
Mr. Plummer: Annually.
Mr. Dawkins: Is any of the bed tax pledged to pay off anything dealing with
the arena?
Mr. Blaisdell: Yes, sir.
Mr. Dawkins: All right so now are you using the same money?
Mr. Blaisdell: Yes, sir.
Mr. Dawkins: So we are go to use it twice.
Mr. Blaisdell: No, sir.
Mr. Dawkins: You are going to use it to pay off the arena and now we are going
to use it to pay off this over here.
Mr. Blaisdell: No, the convention development tax was used to leverage to
debt issuances. The first and primary debt issuance is a $38,000,000 floating
fixed rate bond.
Mr. Dawkins: $38,000,000.
Mr. Blaisdell: $38,000,000. That is what's financed...
Mr. Dawkins: Mr. Carlos, what is the debt service on that?
Mr. Blaisdell: It uses about four and one-half percent a year, which is about
$2,700,000.
Mr. Dawkins: $2,700,000?
Mr. Blaisdell: Yes.
Mr. Dawkins: All right, what is the rental from arena?
Mr. Blaisdell: The rental from the arena?
Mr. Dawkins: Yes.
Mr. Blaisdell: I don't understand the question, Commissioner.
Mr. Dawkins: All right, let me break it down like I would my grandson. If
you are getting, I mean, we got $4,500,000 to pay out, OK? The only income I
got is money coming from the arena. Now, how much will I have coming from the
arena to deduct from the $4,000,000 so I know what my balance is? That's what
I am trying to get to.
Mr. Blaisdell: Maybe if I can explain it this way...
Mr. Dawkins: No, no, explain it... You told me to ask it, and I asked it...
Mr. Blaisdell: The Authority has a subordinate debt issue of $10,000,000,
which was established and allocated in January of 1987 by this Commission.
226 July 14, 1988
Mayor Suarez: No, no, no.
Mr. Dawkins: Yes, yes, yes.
Mayor Suarez: No, no, but that is not what you are asking about. You are
asking about how you are going to pay the $4,500,000 a year on the $38,000,000
and the answer to that is we are paying it from...
Mr. Blaisdell: We have the convention development tax, annually, so we have a
one/third percent.
Mayor Suarez: Thank you for interrupting me, except what we call commonly the
bed tax is what pays that, and it is producing how much?
Mr. Blaisdell: About $4,000,000 a year.
Mr. Dawkins: $4,000,000, OK, and the money that you took... sorry, not you,
that we took to redo Knight Center. Where is that money coming from?
Mr. Blaisdell: Under the same bank account that we are suggesting to you that
you approve this project for.
Mr. Dawkins: All right, now what else has to come out of that bank account?
Mr. Plummer: Wait a minute, there is only $5,000,000 left in that account.
Mr. Blaisdell: That is correct. Commissioner, if you recall in January of
1987, there was $8,500,000 which this Commission allocated, $3,000,000 to the
Knight Center, $5,000,000 to Coconut Grove, and you decided let's take
$500,000 and put it in a contingency account, OK? So, out of that $8,500,000,
$3,000,000 has been entered into a contract and paid to MCA, the Knight Center
deal is done. We have $5,000,000 for this project, plus $500,000, which
was... none of it was used for the Knight Center project, and after this, we
get to another point, we want to ask you to reallocate that a little bit
towards this project. And we have $5,500,000 of Miami Sports and Exhibition
Authority's funding available in the bank for this project.
Mayor Suarez: Plus, hopefully, more bonding capacity, because of the
additional revenues that we are not expected. Either that, or Miami Beach is
totally crazy.
Mr. Blaisdell: The additional $2,000,000 that is proposed for this project is
proposed as a City debt issuance, and that was decided many months ago, Mr.
Mayor and Commissioners. That's not a new item.
Mr. Dawkins: Yes, but it was decided months ago, but you did not add on what
you just added on tonight. You are right, I agreed to spend this money months
ago, but every time I come back, you keep dipping into the same pot to spend
more money, and that's my problem.
Mayor Suarez: The $5,500,000, when you calculated it, was based on how much
yearly revenue from the bed tax, do you remember?
Mr. Blaisdell: When the issuance was authorized, it was just a private
placement with the bank. It was money in the bank that the authorities
said...
Mayor Suarez: Yes, but what was the stream of revenues at the time that we
were counting on a yearly basis?
Mr. Blaisdell: $3,800,000, or something like that - $3,800,000, and...
Mayor Suarez: OK, what is the actual now?
Mr. Blaisdell: About $4,000,000. It is right on the projected target.
Mayor Suarez: So, you have got about what? So you have got about $2,000,000
bonding capacity additional then, if it is $200,000 a year.
Mr. Blaisdell: But not in that lean position, so it is not prudent...
227 July 14, 1988
Mayor Suarez: What, what?
Mr. Blaisdell: Not in that lean position. Remember, you have senior debt
outstanding.
Mayor Suarez: I don't care about the positions, I am just talking about the
money that we can bond out from, and we've got an extra $200,000 we were not
counting on, which bonds out to $2,000,000 total, using a factor of ten.
Mr. Dawkins: Is that right. You are the finance man, is that right? That is
not right, Mr. Mayor. You are a lawyer, so let's ask the finance man.
Mayor Suarez: That's my calculation.
Mr. Carlos Garcia: No, Mr. Mayor, we don't believe that that additional
revenue will be sufficient to bond $2,000,000 at this time.
Mayor Suarez: I think it is. We have used the rule of thumb of ten to one
almost every other time. What you are thinking about is probably you need a
little bit more than the three point eight to bond out for the...
Mr. Garcia: Not only that, but you already have two pledges there, one to
repay the $38,000,000 and another to place your $10,000,000 and now...
Mayor Suarez: Right, that is what I am saying. You had pledged it around a
little bit too much.
Mr. Garcia: ... to come up with the third debt, it would be very difficult.
Mayor Suarez: But an additional $200,000 will provide $2,000,000 bondable
capacity if you are sure of it. OK, you've got the money.
Mr. Blaisdell: We have $5,500,000. We've got $7,500,000, and the project
right now is $7,200,000, so you are $300,000 under budget.
Mrs. Kennedy: So we are under budget.
Mayor Suarez: He coaches them pretty well here, this is worst than Miami
Beach. OK.
Mr. De Yurre: I'm ready to make a motion.
Mr. Plummer: No, I got more discussion.
Mayor Suarez: OK. Well, he can make the motion, though. Do you want to make
the motion?
Mr. De Yurre: He may sway my motion!
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: I don't see a contract. What is the penalty for completion
date?
Mayor Suarez: Do we have the usual one percent per...
Mr. Plummer: No, no!
Mayor Suarez: ... one/tenth of one percent per month?
Mr. Plummer: No, no.
Mayor Suarez: One/tenth of one percent per day, rather.
Ms. Juanita Shearer: The liquidated damages is one percent per day.
Mr. Plummer: No way! No way.
Mayor Suarez: One/tenth of one percent, no?
Mr. Plummer: No way. This whole thing is being done for the purposes of the
ASTA convention. What is completion date schedule?
228 July 14, 1988
Mayor Suarez: Wait, wait, is it one percent per day? I mean, if it is 100
days late, they get nothing?
Ms. Shearer: They...
Mayor Suarez: Or is it one/tenth of one percent, according to our usual rule?
Ms. Shearer: It is to the best of my recollection, it is $1,000 a day.
Mr. Plummer: That's nothing.
Mrs. Kennedy: That is nothing for a project of this magnitude.
Mayor Suarez: $1,000 out of $7,000,000, that is not one percent. I don't
know where you got... OK, what does the Commission want to do with that?
Mr. Plummer: I want to know what is the completion date.
Ms. Shearer: Commissioner Plummer, the contractor has 365 days to complete
this project. We will establish a date certain for the completion...
Mayor Suarez: OK, what is the penalty going to be?
Ms. Shearer: ...at the notice to proceed.
Mr. Plummer: When is the ASTA convention?
Ms. Shearer: In October... well, as we have the schedule, it is in mid -
October. Our schedule on this project was to commence construction no later
than the beginning of the first week in August and therefore to complete
construction the first week of August of next year, with...
Mayor Suarez: Will the contractor accept $5,000 a day, do you think?
Ms. Shearer: They are here. Why don't you go to the microphone?
Mayor Suarez: Will the contractor accept $4,000 a day?
Mr. Plummer: No, no, $6,0001
Mayor Suarez: When you negotiated, did you negotiate the $1,000, or did you
just come up with it now, sort of out of thin air?
Ms. Shearer: It is in the construction documents. It is part of the bidding
package. We have not negotiated anything with the contractor yet, and you
have had no discussions.
Mayor Suarez: I would be disposed, Commissioner Plummer, unless you want to
do it otherwise, if the item otherwise passes, to leave that item to still be
negotiated within some discretion to the Manager, because that is going to
have to be negotiated by him. I can't imagine that we are going to be able to
reach an agreement now, unless you want to spend ten minutes in trying to do
it.
Mr. Plummer: When I am talking about $7,000,000, I'll spend ten minutes.
Mayor Suarez: OK, why don't you take ten minutes and see if you can agree on
that point. Am I reflecting the consensus of the Commission on this issue? I
don't want to spend too much more time on it.
Mr. De Yurre: I don't know if there is a consensus, I think there might be a
majority.
Mayor Suarez: Well, that's right, but that's the best we usually do around
here. Why don't you take ten minutes and see if you can work up a penalty
agreement. It doesn't sound like $1,000 a day is going to fly. We want this
thing to be ready for the ASTA convention, and it is no where near the usual
penalty that we have.
Mr. Gerald K. Schwartz: My name is Gerald K. Schwartz, I am an attorney, not
to be confused with another Gerald Schwartz, whose name might be more
familiar.
229 July 14, 1988
Mayor Suarez: Boy, this is a bad day for Miami Beach here!
Mr. Schwartz: With the law firm of Ruden, Barnett, McCloskey, Schuster, Smith
and Russell, 701 Brickell Avenue, Miami.
Mayor Suarez: Why don't you take ten minutes, instead of giving us this long
preamble and see if you can agree on a penalty. By my calculations, one/tenth
of one percent would be $7,000 a day, and that is the usual penalty that we
try to impose.
Mr. Plummer: Why would we deviate from that?
Mr. Schwartz: Are you saying to negotiate a different penalty than that is
put into the bid proposal?
Mr. Plummer: We don't know what is in the bid proposal.
Mayor Suarez: We didn't know there was any particular specific penalty in the
bid proposal. Why are not saying it into the microphone.
Mr. Plummer: There is a lot of other conversation I want, OK? I don't know
who NICO Inc. is. Who are they?
Mayor Suarez: What was in the bid proposal on the penalty, before we get to
that?
Ms. Shearer: The bid proposal on the penalty, to the best of my recollection,
Mr. Mayor, is $1,000 a day. I will be happy to go and check that. We have the
documents here.
Mr. Plummer: But that it not according to ordinance of this policy of this
Commission!
Mayor Suarez: I thought we had an ordinance that applied to every single...
Ms. Shearer: I will go and check it. If I am incorrect, I would like to be
able to provide you with that information correctly.
Mr. Plummer: Who is NICO Inc.?
Ms. Shearer: NICO ...
Mr. Plummer: No, no, I know it is these people standing there. Who are they?
Mr. Schwartz: Would you like us to take a moment to explain that?
Mr. Plummer: I sure would. What is the largest project you have done? Are
you Miami based operation? I'd like to know all of those things. I would
like to know who I am dealing with for $7,000,000.
Mayor Suarez: Otherwise known as Miami -based operation. This is an ongoing
battle we have, don't worry about it.
Mr. Dave Rulien: My name is Dave Rulien, I'm the executive vice president for
the Florida operations for NICO Industries.
Mr. Dawkins: (OFF MIKE) Where are your other operations?
Mr. Rulien: We are based in Manhattan.
Mr. Dawkins: Manhattan, New York, I suppose.
Mr. Rulien: That's correct.
Mr. Dawkins: And you set an office up here and you call that your local
office.
Mr. Rulien: Pardon?
Mr. Dawkins: You set an office up in Miami and you call that your local
office.
230 July 14, 1988
Mr. Rulien: We are for the Florida region, we are based in Ft. Lauderdale,
Florida.
Mr. Plummer: Oh, that's even better!
Mr. Dawkins: (OFF MIKE) OK
Unidentified Speaker: That's not Miami Beach!
Mr. Rulien: That's not Miami Beach, that is correct. We are a publicly held
company, we do approximately $600,000,000 annually. We've done projects that
range in size from $150,000,000 to $200,000.
Mr. Plummer: What have you done locally?
Mr. Rulien: What have we done locally?
Mr. Plummer: Yes, what can I go look at and say you did a good job or a bad
job?
Mr. Rulien: You can go to the Museum Towers and look at some of the work we
have done for Southern Bell. You can go to West Palm...
Mr. Plummer: did you build the Museum Tower:
Mr. Rulien: No, we did notbuild the Museum Tower.
Mrs. Kennedy: What did you do in the Museum Towers?
Mr. Rulien: We built out the interior spaces for the Southern Bell
headquarters. We've...
Mr. Plummer: That's one floor.
Mr. Rulien: It was four floors.
Mr. Plummer: But what have you done... I'm sure that is not a million dollar
project.
Mr. Rulien: We haven't done a renovation of like Coconut Grove in this area,
that is correct.
Mr. Plummer: Nothing in South Florida.
Mr. Rulien: Yes, sir, we have done over $40,000,000 worth of work here in
South Florida.
Mayor Suarez: Give us some. That's what he's asking.
Mr. Plummer: Tell me a building that you have built in South Florida within
the last three years.
Mr. Rulien: We are currently working on Garden East project in West Palm
Beach, which is a $12,000,000 project. We have just finished up a dormitory
for...
Mr. Plummer: You are the sole contractor on that project?
Mr. Rulien: That's correct, yes, sir. We are the general contractors on that
project. We have done, just currently finishing up the dormitories for
Northwood Institute, which is a $4,000,000 project.
Mr. Dawkins: That's your minority.
Mr. Rulien: I'm sorry.
Mr. Dawkins: (OFF MIKE) That's your minority.
Mr. Rulien: No, sir. We did the Sheraton-Brickell Point. I was personally
involved in the Douglas Entrance building. I was the construction manager on
that. That was approximately a $24,000,000 project. I am more than prepared
to go through everything that we have done locally.
231 July 14, 1988
Mayor Suarez: You have given us a couple of examples.
Mr. Plummer: Does our bid procedures call for a performance bond?
Mr. Rulien: Yes, sir, it does, and we have met that.
Mr. Plummer: In what amount?
Mr. Rulien: It is for the full amount of the bid.
Mr. Plummer: For the full amount?
Mr. Rulien: Yes, sir.
Mr. Plummer: OK.
Mayor Suarez: Do you want to take a little time out to work...
Mr. Odio: May I propose maybe a solution?
Mr. Plummer: Yes, I am willing to listen.
Mr. Odio: The key part of the building for the ASTA convention is 45,000
square feet that we have to finish. The key part of the building for the ASTA
convention will be additional 45,000 square feet you are going to build.
Mr. Rulien: Yes, sir.
Mr. Odio: And that we put a stiffer penalty in that area and keep the other
part the same.
Mr. Plummer: Well, how about if we put a stiffer penalty of $10,000 a day on
that, and $7,000 on the other?
Mr. Odio: OK.
Mr. Rulien: We are prepared to stand by the bidding documents. I mean, that
is how we bid the project and we are prepared to stand by...
Mr. Plummer: But you also bid it for 365 days.
Mr. Rulien: That's correct, yes sir, and we are prepared to stand by those
documents.
Mr. Plummer: Sir, when you are talking, and I am just speaking for one, when
you are talking about a $7,000,000 project, $1,000 a day is a drop in the
bucket, OK? You won't sneeze a second time to think about going over another
day or two, and I can't blame you.
Mr. Schwartz: That is not necessarily true, Mr. Plummer. I think if you check
into their record and the history of this company, you may not find that that
is correct.
Mr. Plummer: Then why would they even be concerned about $7,000 a day if they
have always met their deadlines?
Mr. Schwartz: I think any astute businessman, Mr. Plummer, would be concerned
with a $7,000 a day penalty. I think if we could take a moment and let's see
what is in the bid request, we might be able to resolve it.
Mr. Plummer: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Plummer: If the ordinance of this City reads that the penalty for
construction jobs is one/tenth of one percent a day...
Mayor Suarez: By the way, I am not sure about that. I think that is my
recollection.
Mr. Plummer: I think it is.
232 July 14, 1988
Mr. Odio: Wait, I think we may have solved the problem.
Mr. Plummer: OK, if that is the policy of this Commission, that's got to be
adhered to, or the bid is invalid.
Ms. Shearer: I'm sorry, I was incorrect. Our standard provisions are in
here, one/tenth of one percent of the amount of contract rounded to the
nearest $100. It is $6,000 a day.
Mr. Odio: Fine.
Mr. Rulien: We bid it that way, we will take it.
Mayor Suarez: There you go.
Mr. Plummer: You are getting closer.
Mayor Suarez: There you go.
Mr. Plummer: You are getting closer.
Mr. Fernandez: The answer to your question is yes, Mr. Plummer.
Mr. Plummer: OK, now question, I don't find anything in this document that...
Mayor Suarez: You are not complaining about my giving a legal opinion here,
when I am right. When I am wrong is when you jump all over me.
Mr. Plummer: Yes, when you are right, we don't pay you, when you are wrong,
we throw you out.
Mayor Suarez: Either way you don't pay me.
Mr. Plummer: I don't find anything in this document about furniture, fixtures,
any of that.
Ms. Shearer: That was not part of the project.
Mr. Plummer: You are not going to have furniture in meeting rooms? I don't
know, I mean, the meeting rooms normally that I go to have furniture in them.
Mrs. Kennedy: You just said that it included furniture.
Mr. Plummer: Now, if you go to different kind of meeting rooms, I don't know
what the hell kind of meetings you are holding.
Ms. Shearer: The project does not contain additional meeting room space. We
do not have that furniture.
Mr. Plummer: I thought there was 45,000 square feet?
Ms. Shearer: Of flexible, flat floor space, sir - it's exhibition space.
Mayor Suarez: Are the partitions by any chance the ones that are built by the
Florida company that was also used in the...
Ms. Shearer: We are not...
Mayor Suarez: You are not at that point yet?
Ms. Shearer: We are not...
Mayor Suarez: Don't forget them, they are made in Florida, the best. They
use them at Toronto Exhibition Center.
Mr. Odio: In every exhibition center in the country.
Mayor Suarez: They don't require electronic devices that break down all the
time. They can be just moved by any person and they are supposed to be the
best and they are produced in Florida, so...
233 July 14, 1988
it 0
Mr. Plummer: Why are we spending $347,000 for a sign?
Ms. Shearer: We are not, Commissioner Plummer. The package that you have
before you is a listing of all of the additive alternatives. It was prepared
by the Public Works Department. The additives...
Mr. Plummer: So none of those...
Ms. Shearer: Excuse me sir, the additive alternatives which we are seeking to
accept, are alternatives number nine, which is...
Mr. Plummer: OK.
Ms. Shearer: ... and alternative number eleven.
Mr. Plummer: OK.
Ms. Shearer: Alternative number nine provides an air handler and air cool
condensing unit for the kitchen space, which is on the ground floor currently
is completely un-air conditioned. And alternative number eleven, is the food
service area on the ground floor, which needs to be modified and expanded to
comply with our commitments to J.P's.
Mr. Plummer: OK, then, let me ask you this. Are you assuring this
Commission - for example, let me pick one out, item ten, is not going to be
done, you are not providing a chiller number two, complete and convert
existing A/C units to chill water, you are assuring this Commission that
without that, we are going to have adequate A/C in that building?
Ms. Shearer: Yes, sir, it is my understanding that while the air conditioning
system needs to be repaired, and the Department of Conventions or GSA is
working on a repair package, that we will be able to sufficiently cool the
facility without that, so it is my understanding that the building will
function without the new air conditioning system.
Mr. Plummer: And how much is that GSA project going to cost us?
Ms. Shearer: I do not know, sir, but it is my understanding that they have it
in their operating budget.
Mr. Plummer: Hell of a way to run an airline! Where are you going to get the
additional money beyond the $6,200,000?
Mayor Suarez: Don't answer the rhetorical statements of the Commissioner at
this late hour, please.
Mr. Plummer: Where are you going to get the additional beyond the $6,200,000?
What does it include? We don't know. We don't have anything in front of us.
Ms. Shearer: Beyond the $6,200,000 which is for construction, sir?
Mr. Plummer: He is talking about this we know is $6,200,000. He is saying
$7,200,000.
Ms. Shearer: $7,200,000 includes the entire project, with planning... OK,
with planning and design, sir. $6,200,000 is the construction, and the
remaining amount of money is for planning and design with a contingency.
Mr. Plummer: With a what?
Ms. Shearer: With a contingency.
Mr. Plummer: $1,000,000?
Mrs. Kennedy: $1,000,000.
Ms. Shearer: No, sir, it is not...
Mayor Suarez: No, planning and design and how much is the contingency, just
out of that extra $1,000,000?
234 July 14, 1988
Ms. Shearer: The contingency... John, what is the... is the contingency
$300,000?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Shearer: No, you are giving us... OK, the contingency is about $300,000.
Mr. Plummer: The contingency? - and that is part of the $1,000,000 above the
$6,200,000?
Ms. Shearer: No, Commissioner Plummer, I am sorry, I am not giving you the
right answers, apparently. The $7,500,000...
Mr. Plummer: Wait, no, no!
Mayor Suarez: $7,200,000.
Ms. Shearer: $7,200,000 that we are talking about includes approximately
$1,000,000 worth of planning and design cost and $6,200,000 worth of
construction.
Mayor Suarez: OK, within the construction, how much is for contingency?
Ms. Shearer: $300,000 of that $6,200,000 is for contingency.
Mayor Suarez: Five percent, isn't it five percent?
Mr. Plummer: Mr. Manager, when are you going to come back with a completed
contract?
Ms. Shearer: (OFF MIKE) We don't usually do. This is the authorization
Mr. Plummer: Oh yes you do. I want to see the completed contract. There is
too many loose ends.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Yes, very definitely the document.
Ms. Shearer: Next Commission meeting. Next Commission meeting?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, I am not authorizing him to approve. I want final approval
of this Commission. This is where the buck stops.
Mayor Suarez: OK.
Mr. Plummer: No, we will send him to go and to negotiate and come back and
give us... we don't have a final document in front of me.
Mr. Odio: I will tell you what. If we don't go ahead and award the bid and
get him moving, we don't need to rush.
Mr. Plummer: You are not going to award a bid without a contract. Am I
correct?
Mayor Suarez: Yes, but typically, from this point forward...
Mr. Odio: We typically approve the bid and we can negotiate a construction
contract and it does...
Mayor Suarez: The fine points were worked out by the Manager. If you want to
look at them, I have no problems with putting that in.
Mr. Odio: We never bring them back here.
Mr. Plummer: Exactly what I want to do is look at them. I want to see them.
Mayor Suarez: Well, if you want to look at them, if any other Commissioner
wants to look at them, maybe Commissioner De Yurre wants to look at them,
whoever, that is fine.
235 July 14, 1988
0 0
Mrs. Kennedy: All of us should look.
Mr. Odio: I have no problem in looking at it, but if we have to wait for them
to start construction, for you to look at that contract, we might as well not
rush.
Mayor Suarez: How long will it take to have the documents ready if we approve
it now? - typically, Mr. Manager? No, no, wait, wait, answer my question!
Mr. Odio: At least three weeks.
Mayor Suarez: We are going to have another meeting in a week.
Mr. Odio: In a week. It won't be ready in a week.
Mayor Suarez: Well, we can build in a time table that when you have the
documents ready, every Commissioner gets "X" number of days to look at it and
sign off on them, if they have any problem.
Mr. Plummer: That's... I have no problem with that.
Mayor Suarez: It is no big deal. We have done it before, we've done it for
one Commissioner. If anyone wants... if Vice Mayor Kennedy wants to look at
it, apparently. Maybe Commissioner Dawkins wants to look at them and sign off
on it, within a week of your having the completed documents.
Mr. Plummer: OK, I want to put one other thing on the record. Mr. NICO,
whatever, you have shown a list of your subs, which are compliance with the
minority.
Mr. Schwartz: Yes, sir.
Mr. Plummer: Are you fully aware of the true, and understand the meaning of
the minority set -aside as outlined in the ordinances of the City of Miami?
Mr. Schwartz: We believe we have complied with all of that.
Mr. Plummer: Sir, I don't want you to believe.
Mr. Schwartz: We are in compliance with your minority...
Mr. Plummer: OK, you are for example, aware, that when you show a minority
that that minority must own 51 percent of that company.
Mr. Schwartz: Yes, sir.
Mr. Plummer: And if a company, for example, a plumbing contractor, the
principal owner has to be licensed by the local jurisdiction.
Mr. Schwartz: Yes, sir.
Mr. Plummer: OK, I just want to make sure of that. Juanita, I will ask of
you, of all of the subcontractors that are listed, I would like to see a list
of the 51 percent owner and that they are certified by Metropolitan Dade
County to be certified in the field in which they are serving.
Ms. Shearer: Adrianne Macbeth will provide that to you sir. She has already
done that. She prepared the document that you have.
Mr. Plummer: Well, I don't see... I see the names of the contractors. I
don't know that they in fact, are 51 percent.
Ms. Shearer: OK, we will provide that to you, sir.
Mayor Suarez: With that proviso, are you willing to put this on the form of a
motion? - seven days to sign off, after the presentation of the final
documents from any Commissioner who wants to look at it, and if they don't it
goes forward.
Mrs. Kennedy: Second. Do you move it?
236 July 14, 1988
Mayor Suarez: You get the final documents and you have seven days to sign off
on it. I don't want the sign off obligation or rights, or if anybody wants
it, state it now.
Mr. Plummer: Oh, I do, I have asked for it.
Mayor Suarez: I know you have asked for it. Are you interested?
Mrs. Kennedy: I would like to see it.
Mayor Suarez: The Vice Mayor too.
Mayor Suarez: OK, subject to Commissioner Plummer and the Vice Mayor signing
off on it...
Mr. Plummer: Then we have a full understanding that this contract, total cost
with everything is $7,200,000 and shall not exceed that amount.
Mayor Suarez: And the penalty has been stated already and...
Mr. Plummer: No, no, I am talking about the Administration. We know what
theirs is and they have agreed to the penalty. The Manager is not under
penalty. The only final question I have, where is the additional $1,000,000
coming from?
Mr. Blaisdell: Commissioner, year to date so far is $675,000 has been spent
for all the planning and design, so that is paid in already, so you can sort
of like add that to the $6,200,000, that takes you how much has been spent to
date. The remaining is in the bank with us right now. We have been funding
all the pre -development costs and all the design costs going through, so there
are already some costs into the project.
Mayor Suarez: You have to, to get to this point.
Mr. Plummer: And are you going to provide the additional money to bring up to
the $7,200,000?
Mayor Suarez: It's already been spent is what he's saying.
Mr. Blaisdell: Between the City and the Authority, the total funding will be
there.
Mr. Plummer: The City, I want to know where the money is coming from?
Mr. Herb Bailey: $5,000,000 from the Authority, Commissioner; $2,000,000 we
will do from the City with a revenue bond from a dedicated source of funds.
Mr. Plummer: From what dedicated source of funds?
Mr. Bailey: One of our franchise fees.
Mr. Plummer: Which franchise fee?
Mr. Bailey: I have to ask the Finance Director.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Here comes that magic wand again! — Florida Power and Light,
there goes my electric bill up again.
Mr. Bailey: We have a dedicated source that we can float a bond issue for the
extra $2,000,000.
Mr. Plummer: And what is that dedicated source?
Mr. Bailey: We haven't selected one yet, according to Carlos, but we do have
several to pick from.
Mayor Suarez: You have also stated that you got $5,500,000 sitting in a bank
here in the conversation and that most of the $1,000,000 that comes in
addition to construction has already been spent. Correct? - planning and
development.
237 July 14, 1988
Mr. Plummer: That's what I heard.
Mr. Bailey: Yes, sir.
Mayor Suarez: So really, we are talking $700,000. Is that in the form of a
motion, Commissioner? You laying back like that, I am construing certain of
your actions to the motion.
Mr. Plummer: I have a problem all day with that twitch that you have only to
the left. Can you twitch to the right?
Mayor Suarez: I will take it from any side! Do you want to move it?
Mr. De Yurre: Move it.
Mayor Suarez: Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Second. Any discussion? Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-670
A RESOLUTION ACCEPTING THE BID OF NICO INDUSTRIES,
INC., IN THE PROPOSED AMOUNT OF $6,213,989.00, BASE
BID PLUS ADDITIVE ITEMS #9 AND #11 OF THE PROPOSAL,
FOR "COCONUT GROVE EXHIBITION CENTER - EXPANSION &
RENOVATION", WITH MONIES THEREFOR ALLOCATED FROM THE
"COCONUT GROVE EXHIBITION CENTER - RENOVATION &
EXPANSION" ACCOUNT OF $6,313,989.00 TO COVER THE
CONTRACT COST; APPROVING THE DECISION OF THE CHIEF
PROCUREMENT OFFICER TO REJECT A PROTEST RECEIVED IN
CONNECTION WITH THIS PROJECT; AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Bye bye, go away and sin no more.
Mr. Rulien: Thank you very much.
Mayor Suarez: Don't thank us. Build it, and build it quick!
Mr. Plummer: Build it quick, and build it good.
238 July 14, 1988
----------------------------------------------------------- ------------------
72. (A) APPOINT PEDRO PELAEZ, KEN ALBANO, STEVE SUAREZ, GEORGE KNOX, AND
MONTY TRAINER TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY. (B) FIRST
READING ORDINANCE: INCREASE COMPOSITION OF MIAMI SPORTS AND EXHIBITION
AUTHORITY TO ELEVEN MEMBERS.
Mayor Suarez: Item 86, Commissioner De Yurre. Is this just the ordinance for
the increase of the Sports Authority?
Mr. Plummer: I'm sorry?
Mayor Suarez: Can we make the...
Mr. De Yurre: We go ahead and name, I think. See if we can go ahead and name
all the...
Mr. Plummer: What number?
Mayor Suarez: 86, including the appointment of new members. I'll nominate
Pedro Pelaez and Ken Albano. Who else has appointments pending?
Mr. De Yurre: I believe I have one coming up.
Mayor Suarez: In June some expired, John?
Mr. Plummer: Who's expired?
Mr. John Blaisdell: I do not know that you are actually making appointments
today, this is only an ordinance to expand it, but I believe that Commissioner
De Yurre has an appointment expiring. Mayor, I think...
Mayor Suarez: No, no, I just have the two additional in the new ordinance. I
didn't have any expiring, because my...
Mr. Blaisdell: Every Commissioner has one... you had a one year appointment
and two years, so every Commissioner, but for the Mayor, has an expiring...
Mr. Plummer: Who is my expire?
Mr. Blaisdell: Yours is Monty Trainer
Bayer, I believe.
Mayor Suarez: George Knox.
Vice Mayor Kennedy's is Mr. Bill
Mr. Blaisdell: George Knox, I believe for Commissioner Dawkins, and
Commissioner Carollo appointed Fausto Diaz -Oliver, and Skip Shepard, I
believe, and Mr. Diaz-Oliver's appointment is up.
Mr. De Yurre: OK, I will name Steve Suarez.
Mr. Plummer: Well, I reappoint Monty Trainer, I mean, is that...
Mr. Fernandez: Mr. Mayor, under what item of the Commission agenda are we
doing this?
Mr. De Yurre: 86.
Mr. Fernandez: No, no, 86, the only thing that 86 is, is a first reading of
an ordinance establishing two more seats, and then not until after second
reading and then 30 days can we then proceed to do any appointments or
anything else.
Mr. De Yurre: But I can still name my appointment which has nothing to do
with this.
Mr. Odio: The one that expired.....
Mr. Fernandez: Yes, well, I imagine that's fine, if you want to do that as a
pocket item.
239 July 14, 1988
Mayor Suarez: Is George's expiring for sure? You don't know, Counselor?
Mr. Blaisdell: I believe so. George has a one year term and Frankie Rolle
has a two year term.
Mr. Plummer: He is redoing both.
Mrs. Kennedy: Yes, but he is not expiring now.
Mr. De Yurre: Are we reading for the School Board?
Mayor Suarez: Do you want to go back, or have you had enough of it?
Mr. Dawkins: (OFF MIKE) I thought you wanted to go back.
Mayor Suarez: There you go. All right.
Mrs. Kennedy: Second. Is Mr. Bayer's term expiring today? Do I have to
reappoint him today?
Mayor Suarez: June, I think.
Mr. Blaisdell: I think it expires July 19th, or something like that.
Mr. Plummer: Can we make our appointments today?
Mr. Blaisdell: If you so like, you can do anything you want to.
Mrs. Kennedy: Sure. I re -nominate...
Mr. Fernandez: But they will not become effective until of course, the term
is expired.
Mr. Plummer: Expired, the other date.
Mr. Fernandez: Yes.
Mr. Plummer: And I reappoint Monty Trainer.
Mayor Suarez: OK, all in the form of a motion. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-671
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY:
PEDRO PELAEZ (nominated by Mayor Suarez)
KEN ALBANO (nominated by Mayor Suarez)
STEVE SUAREZ (nominated by Comm. De Yurre)
GEORGE KNOX (nominated by Comm. Dawkins)
MONTY TRAINER (nominated by Comm. Plummer)
(NOTE: A First Reading Ordinance, immediately
following expands the total number of members of the
Sports and Exhibition Authority Board by two and
Motion 88-531 (passed and adopted June 9, 1988)
stipulated these two extra appointments were to be
made by Mayor Suarez. The two herein appointments by
Mayor Suarez will be effective 30 days from second
reading. The appointments break down as follows: four
appointments were made due to expired terms. Of these
four, three were actually made (Messrs. Suarez, Knox
and Trainer. (Pending still is one appointment to be
made by Commissioner Kennedy).
240 July 14, 1988
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I need a motion on the ordinance to expand the Sports and
Exhibition Authority.
Mrs. Kennedy: Move it.
Mr. De Yurre: Move it.
Mayor Suarez: It has been moved.
Mr. Plummer: Yes.
Mayor Suarez: Seconded. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 52.6-3 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED BY INCREASING
THE COMPOSITION OF MIAMI'S SPORTS AND EXHIBITION
AUTHORITY TO ELEVEN MEMBERS; DESIGNATING MEMBERS TERMS
OF OFFICE AND ESTABLISHING A QUORUM OF SIX MEMBERS;
MORE PARTICULARLY BY AMENDING PARAGRAPH 52.6-3(a,)(c)
and (d); CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
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.
Mrs. Kennedy: How about the DDA board reappointments? Are they up?
Mayor Suarez: I would ask that we hold that unless you have a particular
preference for it, because we cannot then bring the new appointments in and do
the whole thing together, and particularly because of the late stage of the
day, and I think the Commission would like doing it that way, I presume.
241 July 14, 1988
73. FIRST READING ORDINANCE: AUTHORIZE ISSUANCE OF $40,000,000 STREET AND
HIGHWAY IMPROVEMENT BONDS AND $10,000,000 WATERFRONT IMPROVEMENT BONDS.
------------------------------------------------------------------------------
Mayor Suarez: What is this $40,000,000 bond you just told me about, Don? You
are not proposing a $40,000,000 bond issue for street improvements by any
chance, are you?
Mr. Plummer: Yes.
Mayor Suarez: For when?
Mr. Don Cather: Yes, we are proposing on a first reading of the ordinance to
authorize a bond election in November for $40,000,000.
Mayor Suarez: For my vote, you shouldn't even brought that up. I've
discussed it with the Manager. For myself, what I think is needed to get the
vote is to approve it and one of the things we are going to have to do is we
are going to have to promote it like it was done in 1984. It was a beautiful
pamphlet, it explained what we were doing. We had...
Mr. Plummer: Well, why can't we do that now?
Mayor Suarez: Well, we have to consider... I was just going to say, we have
to consider the timing...
Mr. Odio: The reason we are here today, is that if we don't do it now, it
could be November or March, so... we are out of money for street improvements.
Mayor Suarez: Your proposed date would be November.
Mr. Odio: November.
Mr. Cather: November of this year.
Mayor Suarez: What are you proposing for the conditional bond referendum on
major league baseball?
Mr. De Yurre: October.
Mr. Odio: See, that is why we didn't want to clash with the baseball.
Mayor Suarez: And you have concluded that $40,000,000, that we have talked
about the amount also being one that could be sold to the people. You know,
you have concluded $40,000,000 is the only figure that can be considered here?
Mr. Cather: No, you can make it thirty million, fifty million.
Mayor Suarez: That's not the point, Don. The point is that we have talked
about this. We want to make something that passes. This thing failed before.
Mr. Cather: It is always... it is...
Mr. Plummer: It is $40,000,000 for streets and $10,000,000 for waterfront.
Mr. Cather: This bond issue has always passed except for the first time last
year, that a highway bond issue was not passed in the City of Miami for
several years.
Mr. De Yurre: Let me ask you something.
November ballot?
Mr. Cather: As far as I know, none.
What other bond issues are on the
Mr. De Yurre: Well, you should have checked, because there are a number of
them coming up, I believe, from the County - well, they are going to affect us
all! People are just going to go wipe everything out and say no to
everything, instead of you have to pick the right time for things.
242 July 14, 1988
e C
Mr. Plummer: Well, I have said before that I think this is most important.
If we don't do anything else, let's get it started, so we don't get locked
out. We can always take it off at the last minute, but we don't start it
today, the time frame is running, and without it we'll be locked out of this
ballot.
Mr. Dawkins: I am anti -bond issue, but I believe the voters ought to get a
chance to vote on it and if the voters want to vote for a $40,000,000 bond
issue, they will. If they don't they won't so let's put it out there and let
them vote on it!
Mr. Plummer: I agree!
Mrs. Kennedy: Let them decide, yes.
Mr. Plummer: I'll move item 81.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Plummer: First reading.
AN ORDINANCE ENTITLED -
AN ORDINANCE OF THE CITY OF MIAMI FLORIDA, AUTHORIZING
THE ISSUANCE SUBJECT TO THE ELECTION AS HEREIN
PROVIDED, OF (i) NOT TO EXCEED FORTY MILLION DOLLARS
($40,000,000) STREET AND HIGHWAY IMPROVEMENT BONDS,
AND (ii) NOT TO EXCEED TEN MILLION DOLLARS
($10,000,000) WATERFRONT IMPROVEMENT BONDS OF THE CITY
OF MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING THE COST
OF STREET AND HIGH IMPROVEMENTS AND WATERFRONT
IMPROVEMENTS, RESPECTIVELY; CALLING AN ELECTION FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS THE QUESTION
OF WHETHER EACH SUCH ISSUE OF BONDS SHALL BE ISSUED;
AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
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.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: I'm going to vote no for the $40,000,000 because the voters
already had a chance, and it is like going back at them again with no change.
We've offering the same thing again. On the $10,000,000, I have no problem,
they should decide what they want, but the voters on the $40,000,000 already
decided about three months ago, and they said no.
Mr. Dawkins: I agree with you, Commissioner, but I also have to run in 189. I
also know that there will be streets that need fixing. I also know that there
will be storm sewers that need fixing, and I need to be able to say that they
were put on the ballot and you voted against it. Now, what do you want me to
do?
Mr. De Yurre: Let me tell you. Well, I did already. In fact, I went on the
radio and I went against it the first time, so it is no news.
Mr. Dawkins: Not you see. I am talking about the voters.
243 July 14, 1988
Mr. De Yurre: The $40,000,000 amount, you know, we are going to say this is
like a five year plan, isn't it?
Mr. Dawkins: No I don't ...
Mr. De Yurre: How much? Five years.
Mr. Dawkins: No, they are going to...
Mr. De Yurre: And you know they said no to the $40,000,000. Why can't we
say, listen, for two years, let's go with twenty, or let's go with sixteen,
something that they can live with.
Mr. Dawkins: If you put $10,000,000, they are going to vote it down, in my
opinion.
Mayor Suarez: Well, the reason that it might pass if it was a reasonable
amount is that you tell them, you know, how much it is going to cost you on a
per day basis, and you use the same techniques that the school bond issue
used, you know, a cup of coffee a day, whatever, and you bring it down to the
size the voters can understand what it means to them.
Mr. Plummer: Well, let's also remember Flagami now realizes they voted
against this bond issue and their flooding problems are not going to go away
because they didn't vote for this bond issue.
Mayor Suarez: You are making it that much more difficult for this to pass by
not having gone back to us and worked on the amount that makes sense and...
Mr. Dawkins: I agree, I agree, wait a minute.
Mrs. Kennedy: People usually vote negatively when they don't know the issue
and they don't understand it. We have to give them a chance. We have to
explain it to them and give them the chance to understand what they are voting
for.
Mr. Plummer: Well, I was going to make another motion to...
Mr. Dawkins: I agree with what is being said, but I also think that we would
not be responsive, if we were not to look at what needs to be done, and
attempt to get enough money to do that, instead of hoodwinking the people into
passing a $10,000,000 bond, which will not do the work that has to be done.
Mr. Plummer: I tell you, I plan on making a motion if these two items pass,
to allocate $50,000,00 for an educational program to let the voters know!
Mayor Suarez: That's probably what the last one in 1984 cost, probably more
than that. OK.
(NOTE: AT THIS POINT, THE CITY CLERK CONCLUDED THE ROLL CALL)
Mayor Suarez: I am going to vote yes,, but it is not going to pass this way.
The $50,000 is going to be necessary, maybe more, and more importantly, I am
concerned that we've gotten this far without you getting back to us and
looking for something feasible. I just don't want to vote against something
at this late stage, because I know we need the money, but it is going to be
very tough, and that's not the way to run a ship.
Mr. Plummer: Airline, airline!
Mayor Suarez: Airline.
244 July 14, 1988
c 6-
--------- - ---- -----------------------------------------------------------
74. (A) FIRST READING ORDINANCE: AUTHORIZE A BOND ELECTION ON NOVEMBER 8,
1988 WITH RESPECT TO $40,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS
AND $10,000,000 WATERFRONT IMPROVEMENT BONDS. (B) CITY MANAGER TO
PREPARE PROPOSED EDUCATIONAL PROGRAM TO INFORM VOTERS ISSUE. TO APPEAR ON
THE NOVEMBER BALLOT IN CONNECTION WITH BONDS.
Mr. Fernandez: Now you also need to look at 82, because they are a companion.
Mr. Plummer: I'll move 82.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Second. Any discussion of 82? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCEOF THE CITY OF MIAMI FLORIDA AUTHORIZING A
BOND ELECTION TO BE HELD ON NOVEMBER 8, 1988, WITH
RESPECT TO THE ISSUANCE OF (i) NOT TO EXCEED
$40,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS AND
(ii) NOT TO EXCEED $10,000,000 WATERFRONT IMPROVEMENT
BONDS, OF THE CITY OF MIAMI, FLORIDA, AND THE LEVYING
OF A TAX TO PAY THE PRINCIPAL AND INTEREST THEREON;
ESTABLISHING A FORM OF THE NOTICE OF BOND ELECTION;
ESTABLISHING A FORM OF THE OFFICIAL BALLOT FOR SAID
ELECTION; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO
TAKE ACTIONS REQUIRED IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: For the same reasons, no.
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: I now move that the Manager prepare an education program not to
exceed $50,000, to make it very clear to the voters what they are voting upon.
Mrs. Kennedy: Second.
Mr. Plummer: It is educational, it is not advertising.
Mayor Suarez: OK, moved and seconded. Any discussion? And we want to see
what that looks like...
Mr. Plummer: But the program... yes, to prepare a program and bring it to us.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: How do you plan to do this?
Mr. De Yurre: Just like we are going to do it for baseball in October.
245 July 14, 1988
Mr. Dawkins: And how is that?
Mr. Plummer: What do you mean, how the money would be spent?
Mr. Dawkins: Yes.
Mr. Plummer: That is up the Manager to prepare a program and bring it back to
US. This is not spending of the monies, this is in fact to bring back a
program...
Mr. Dawkins: Is it going to be TV media, radio media, handouts, brochures,
standing in straw markets, passing out material, or what?
Mr. Plummer: You want my opinion? My opinion, the most successful thing this
City has ever done, is ask the sanitation workers to hit every house to pass
these brochures out.
Mayor Suarez: Yes, brochures is probably the way it is going to be. OK, we
have to approve it as to its final form in any event. Mr. Plummer, that was
your motion?
Mr. Plummer: Oh sure, it is just to prepare and bring back to this
Commission.
Mayor Suarez: OK, moved and seconded, any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-672
A MOTION DIRECTING THE CITY MANAGER TO PREPARE AND BRING
BACK FOR THE CITY COMMISSION'S CONSIDERATION AND APPROVAL,
A PROPOSED EDUCATIONAL PROGRAM AT A COST NOT TO EXCEED
$50,000 FOR THE PURPOSE OF INFORMING AND EXPLAINING TO THE
VOTERS THE ISSUES THAT WILL APPEAR ON THE BALLOT IN
CONNECTION WITH A PROPOSED $40,000,000 STREET AND HIGHWAY
IMPROVEMENT BOND ISSUE AND A PROPOSED $10,000,000
WATERFRONT IMPROVEMENT BOND ISSUE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None
75. APPROVE SPONSORSHIP OF "MIAMI-NEW WORLD CENTER" TOUR OF U.S. AND
INTERNATIONAL JOURNALISTS.
Mayor Suarez: Item 108. Madam City Clerk, count the time, please.
Ms. Aida Levitan: Thank you, Mr. Mayor and Commissioners. My name is Aida
Levitan, Aida Levitan and Associates, 2100 Coral Way, Suite 101, Miami, 33145
and I am here with Carmen Morris of MEI Communications, who is going to make a
presentation with me. We are here to make a presentation of Miami, A New
World Center, a program which is now eight years old and which has brought
more than 1,400 journalists to the City of Miami. As a result of this
program, we have obtained publication and broadcasting of $4,000,000 in
positive publicity about our City, not only from the point of view of tourism,
because that is really not the focus of the tours, but from the point of view
of business, sports center, health center and cultural center. Now that we
have new developments to be proud of like the Miami arena, like Bayside and so
246 July 14, 1988
c
many other plans that you have in the City of Miami, we propose that we
continue with three tours in 1988-89, two firms - a Hispanic woman owned firm
and a black owned firm as we have in the past, and that we bring in November a
group for the Miami Book Fair International; in March for the regatta to be
held in Miami, an international regatta to be held in Miami; and in April a
group of U.S. and international journalists to our area to produce the same
kinds of results we produced this last year, half a million dollars in
publicity.
Mayor Suarez: Let me ask the Manager, do you have anything in the budget for
this? Where did it come out last year?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: From where, from what... from the international budget, or was
it in the Department of Development?
Mr. Odio: Department of Development. It was a professional service
agreement.
Mayor Suarez: When does your contract expire?
Ms. Levitan: The contract expired on May 30th and this is the usual time when
we bring it up to you. We are actually a little bit late, but this is about
the time that we do it.
Mayor Suarez: Might make it coincide with the fiscal year.
Ms. Levitan: What we are proposing for this year is a total of $50,000. We
discovered through an analysis of our hourly rate, we had actually been
charging you $18 an hour, which is pretty inexpensive for a public relations
program.
Mayor Suarez: Well, I've seen the work product and I'm impressed by what you
have done. I think at one point I said I'd never vote for it again, but...
Ms. Levitan: Thank you, Mr. Mayor.
Mayor Suarez: ... I entertain a motion from the Commission on the item.
Mr. Plummer: Are you suggesting that this be carried over to the regular
budget? All right, I'll second the motion.
Mayor Suarez: Now subject to being included in the regular budget as the
presentations are made and approved by the Commission, beginning October 1st.
Mr. Plummer: (OFF MIKE) We haven't got the money. What are you going to do?
Ms. Levitan: Well, I think that you are starting an international authority.
Have you designated any funding for that, because it could be part of your
promotional budget.
Mayor Suarez: I move and he seconds.
Mr. Dawkins: All right, all of us in favor? No further discussion. The
light there is on. There has been a motion. All those in favor? Call the
roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 88-673
A MOTION APPROVING SPONSORSHIP OF "MIAMI-NEW WORLD
CENTER" TOUR OF U.S. AND INTERNATIONAL JOURNALISTS
(THREE TOURS TO COINCIDE WITH THE FOLLOWING EVENTS:
THE MIAMI BOOK FAIR SCHEDULED FOR NOVEMBER OF 1988;
REGATTAS INTERNATIONAL COMPETITION OF THE MIAMI ROWING
CLUB SCHEDULED FOR APRIL OF 1989, AND A SPECIAL EVENT
TO BE DETERMINED SCHEDULED FOR MAY OF 1989) IN THE
AMOUNT OF $50,000; SAID AMOUNT SHALL BE AVAILABLE FROM
THE FY '89 BUDGET.
247 July 14, 1988
i 0
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
NOTE FOR THE RECORD: THERE WAS NO APPEARANCE ON ITEMS 109 AND
110.
76. DISCUSSION CONCERNING BOATS AND BOAT TRAILERS IN FRONT YARDS.
------------------------------------------------------------------------------
Mayor Suarez: Item 111.
Mr. Dawkins: This is the last item!
Mayor Suarez: You want boats and boat trailers in front yards?
Mr. Victor Evora: Yes, please Mayor, I need somebody to translate my Spanish.
Mayor Suarez: Just in case, before you do that, do you have any idea what he
is requesting, and whether it can be resolved?
Mr. Odio: No, I never heard this before.
Mayor Suarez: (COMMENTS IN SPANISH)
Mr. Evora: Correct.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: (COMMENTS IN SPANISH) The Commission has already considered
this kind of an ordinance that you are requesting to allow boats and boat
trailers in front yards and turned it down.
Mr. Evora: (COMMENTS IN SPANISH)
Mayor Suarez: Do you want to translate, Frank, please, somebody, so we have a
record? The problem is that Miami has no less than 10,000 boats and trailers
in this situation.
Mr. Evora: (COMMENTS IN SPANISH - TRANSLATED BY MR. ODIO) On two opportunities
he has been told to remove his boat and he lost $11,000. first because they
stole his boat. He had to take it to Carol City and they stole it over there,
and the second time they told him to move it, it took it to Krome Avenue, to a
farm out on Krome Avenue. It was deteriorating. The boat was worth $12,000
when he took it over there. He had to sell it for $3,500. In Miami there is
more than 8,000 boats in front of the houses.
Mayor Suarez: We just lost 2,000 from the last.
Mr. Evora: (TRANSLATED BY MR. ODIO) He wants to be allowed like anybody else
to keep his boat there.
Mr. Plummer: (OFF MIKE) No, no, this ordinance did not pass. Everybody has
to...
Mr. Odio: (COMMENTS IN SPANISH to Mr. Evora)
Mr. Evora: (TRANSLATED BY MR.ODIO) Why doesn't the Department of Zoning order
all the boats removed?
248 July 14, 1988
NOTE FOR THE RECORD: Mr. Evora presented a list of homes with boats. The
City Manager requested the list and received it
77. DISCUSSION CONCERNING FINANCIAL SUPPORT FOR "BANDIDOS" SOFTBALL TEAM.
Mayor Suarez: Do you want to make a presentation? It really doesn't require
a City Commission. We are not going to be able to give you any money, if you
just want to present a trophy or whatever.
Unidentified Speaker: Could we request to come back at the next City meeting?
Mayor Suarez: Oh yes, sure. We will try to take you first.
Unidentified Speaker: OK, the problem is that this is a program that has been
funded by the City of Miami for the last eleven years.
Mayor Suarez: Don't make your presentation on the funding. You have... won
something and you want to tell us about it.
Unidentified Speaker: Right, we are a boys, 18 and under softball team from
various different parts of the City of the Miami and we won the national
championship last year and we are presenting the City with a trophy and a team
picture and we would like for the Mayor and Commissioners to please consider
on the next agenda, because we need the money by the end of this month in
order to go to defend our national championship.
Mayor Suarez: We will try to do that.
Unidentified Speaker: Thank you, Mayor Suarez.
78. CONTINUATION OF ALL ITEMS NOT HEARD THIS DAY TO NEXT AGENDA.
Mr. Fernandez: Mr. Mayor, you need to retain this as a segment so that it can
be continued at the July 21 meeting.
Mayor Suarez: All items that we don't get to, I entertain a motion to
continue.
Mr. Fernandez: Right. You still have three up there, Mr. Mayor.
Mrs. Kennedy: Move it.
Mr. Fernandez: Matty, call the roll vote, please.
Ms. Hirai: I need a motion on it.
Mr. Fernandez: The motion has just been made.
Ms. Hirai: Commissioner Kennedy - who seconded it? We don't even have a
quorum.
Unidentified Speaker: Mr. Mayor, would that include personal appearance
items?
Mayor Suarez: Which is the motion, please?
Mr. Fernandez: The motion is that this be preserved as a segment to be
continued for the July 21 meeting, all pending.
Mayor Suarez: We will continue all the other items. Is that motion, Madam
Vice Mayor and Commissioner De Yurre seconds. Call the motion to continue all
items we have missed.
249 July 14, 1988
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-674
A MOTION CONTINUING ALL AGENDA ITEMS NOT TAKEN UP BY THE
CITY COMMISSION ON THIS DAY TO THE CITY COMMISSION MEETING
PRESENTLY SCHEDULED FOR JULY 21, 1988, BEGINNING AT 9:00
A.M.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
79. APPROVE USE AND CLOSURE OF STREETS FOR "AT&T FOURMAN CORPORATE CYCLING
CHALLENGE" (BICYCLE RACE)
Mayor Suarez: Now, what is the item you want to move?
UNIDENTIFIED SPEAKER: Item 122.
Mrs. Kennedy: Move 122, the road closure.
Mayor Suarez: The road closure on 122 is moved. Do we have a second?
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-675
A RESOLUTION APPROVING THE USE AND CLOSURE OF CERTAIN
STREETS AND THOROUGHFARES IN CONNECTION WITH THE AT&T
FOURMAN CORPORATE CYCLING CHALLENGE TO BE CONDUCTED BY THE
COCONUT GROVE BICYCLE CLUB INC. ON AUGUST 6, 1988 SUBJECT
TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE
AND FIRE, RESCUE INSPECTION SERVICES AND THE REQUIREMENT
THAT THE CITY BE INSURED AGAINST ANY POTENTIAL LIABILITY;
FURTHER CONDITIONED UPON ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
250 July 14, 1988
'17M BRING N6 rURTHIR bostNR§S To Ctu B 'i' M ctrf
CO MISSION] "M MUTING VAS AWMANn AT 0,04 P, M.
ATTIM
Natty Hirai
CITT CLERK
Walter J. loaaan
ASSISTANT CITT CLIKRK
!artier L. Suaraa
N A T 0 R
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18 96 �.
251 July 14, 1900
Pe -
CITY OF MIAMI
DOCUMENT INDEX
NEETM WE
AGREEMENT WITH LITTLE HAVANA
DEVELOPMENT AUTHORITY, INC. AND SMALL
BUSINESS OPPORTUNITY CENTER, INC. TO
IMPLEMENT A COMMERCIAL FACADE PROGRAM.
ACCEPT PLAT: NAPOLEON PLACE.
ACCEPT $13,700. DONATION FROM LAND
AUTHORITY OF PUERTO RICO IN SUPPORT OF
LOTUS JUICES SUMMER OLYMPICS.
ACCEPT BID: TRW ELEVATOR SERVICES
INC. ELEVATOR MAINTENANCE TO
DEPARTMENT OF G.S.A.
ACCEPT BIDS: SEARS TIRE AND TRUCK
CENTER AND CONTINENTAL BATTERIES
SERVICING NEEDS OF DEPARTMENT OF
G.S.A./FLEET MANAGEMENT DIVISION.
ACCEPT BIDS: SOLO AIR CONDITIONING AND
HEATING, INC. AND A ALL MAJOR BRANDS
CORPORATION - LABOR AND MATERIALS
REGARDING REPLACEMENT OF ROOF TOP AIR
CONDITIONING UNITS AT TWO FIRE
STATIONS.
ACCEPT BUD: JUELLE INC. DEMOLITION
SERVICES TO DEPARTMENT OF PARKS,
RECREATION AND PUBLIC FACILITIES.
ACCEPT BID: MIAMI FIRE EQUIPMENT - FOR
FURNISHING 300 FIRE EXTINGUISHERS FOR
DEPARTMENT OF POLICE.
ACCEPT BID: STANCIL CORPORATION - FOR
FURNISHING 400 REELS OF 1" RECORDING
TAPE FOR DEPARTMENT OF POLICE.
ACCEPT BID: BUFFALO RANGE, INC. FOR
FURNISHING 9MM AMMUNITION FOR
DEPARTMENT OF POLICE.
ACCEPT EXTENSION OF CONTRACT WITH
INTER AMERICAN CAR RENTAL, INC. TO
PROVIDE APPROXIMATELY 70-80 RENTAL
CARS TO POLICE DEPARTMENT.
ACCEPT EXTENSION OF CONTRACT WITH (A)
DR. RICHARD TEMPLETON FOR VETERINARY
SERVICES, AND (B) KNOWLES ANIMAL
HOSPITAL - FOR SERVICES TO MOUNTED
PATROL HORSES AND K-9 UNIT DOGS IN
POLICE DEPARTMENT.
.I11LY 14, 1988
pom 1 OP
RE I tEVAL COM M
88-598
88-599
88-600
88-601
88-602
88-603
88-604
88-605
88-606
88-607
88-608
88-609
r
f
�Ai
DOCUMENT INDEX
ACCEPT EXTENSION OF CONTRACT WITH TERRY
PARKE-FOR BLACKSMITH/FARRIER SERVICES
TO MOUNTED PATROL HORSES IN POLICE
DEPARTMENT.
ACCEPT BID: MAN -CON INC. FOR EAST
LITTLE HAVANA SANITARY SEWER
REPLACEMENT PROJECT -PHASE II B-5538.
AUTHORIZE EXTENSION OF CONTRACT WITH
MIAMI DADE COMMUNITY COLLEGE FOR THE
CITY'S RENDERING OF IN SERVICE FIRE
TRAINING.
INCREASE ALLOCATIONS TO THE BELAFONTE
TACOLCY CENTER,INC. AND TO YOUTH
CO-OP,INC. FOR IMPLEMENTATION AND
OPERATION OF 1988 SUMMER YOUTH
EMPLOYMENT AND TRAINING PROGRAM.
ALLOCATE FUNDS AND AUTHORIZE EXECUTION
OF AGREEMENT WITH SOCIAL SERVICE
AGENCIES FOR APPROVED FOOD PROJECTS.
AMEND AGREEMENT WITH CONSULTING FIRM OF
SHEPARD, LOBE, COSTA, INC. ORDER
5,000 ADDITIONAL COPIES OF MARKETING
AND PROMOTION PACKAGE.
AUTHORIZE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH BAYSIDE MINORITY
FOUNDATION. IMPLEMENTING TECHNICAL
ASSISTANCE PROGRAM FOR SMALL AND
DISADVANTAGED BUSINESS AT BAYSIDE.
RATIFY CITY MANAGER'S ACCEPTANCE OF A
GRANT FROM U.S. DEPARTMENT OF HEALTH
SERVICES (TITLE XX) THROUGH METRO-
DADE - TO PROVIDE CHILD DAY CARE
SERVICES TO CHILDREN FROM LOW INCOME
FAMILIES.
APPROVE EXTENSION OF EMPLOYMENT:
RICARDO R. ACOSTA.
ACCEPT COMPLETED WORK FIREPAK, INC.
FOR MIAMARINA RENOVATION -PHASE II.
ACCEPT COMPLETED WORK: FOR THE SEA AIR
MECHANICAL, INC. - FOR CITY HALL AIR
CONDITIONING IMPROVEMENT.
ACCEPT COMPLETED WORK: ROSE ENGINEERING
CONTRACTORS - FOR LOCAL DRAINAGE
PROJECT E-56.
RETREVAL CODE NO.
88-610
88-611
88-612
88-613
88-614
88-615
88-616
88-617
88-618
88-619
88-620
88-621
t
�A
DOCUMENT INDEX
PAGE. 3.OF,,
DOCIAafffRETREVAL COOS NO.
ORDERING RESOLUTION: N.W. 36TH STREET
SANITARY SEWER IMPROVEMENT SR-5549-C
(CENTERLINE) -DESIGNATING PROPERTY FOR
SPECIAL ASSESSMENTS.
CLAIM SETTLEMENT: CHARLES AND PAMELA
MASHER.
AUTHORIZE ACQUISITION OF THREE PARCELS
OF LAND WITHIN ALLAPATTAH COMMUNITY
DEVELOPMENT TARGET AREA - TO DEVELOP
AFFORDABLE HOUSING TO LOW AND MODERATE
INCOME FAMILIES.
AUTHORIZE ACQUISITION OF ONE PARCEL OF
LAND WITHIN MODEL CITY COMMUNITY
DEVELOPMENT TARGET AREA - TO DEVELOP
AFFORDABLE HOUSING TO LOW AND MODERATE
INCOME FAMILIES.
REQUEST METRO DADE TO TRANSFER TITLE OF
PUBLICLY OWNED MELROSE NURSERY SITE TO
THE CITY OF MIAMI - ESTABLISH
$1,200,000. AS REIMBURSEMENT TO THE CITY
FOR USE OF THE MELROSE NURSERY SITE BY
MELROSE TOWNHOME DEVELOPMENT, INC. -
FOR HOUSING DEVELOPMENT.
AUTHORIZE MANAGER TO NEGOTIATE PURCHASE
OR ACQUIRE THROUGH EMINENT DOMAIN,
PROPERTY LOCATED BETWEEN NW 1ST AVENUE
AND NW 2ND AVENUE AT 34TH TERRACE TO
DEVELOP A PUBLIC PARK.
APPROVE IN PRINCIPLE MASTER DESIGN PLAN
FOR BISCAYNE BOULEVARD (PREPARED BY
ROBERTO BUELE-MARX).
APPROVE ISSUANCE BY THE CITY OF MIAMI
HEALTH FACILITIES AUTHORITY OF HOSPITAL
REVENUE REFUNDING BONDS (MERCY HOSPITAL
PROJECT-$30,000,000).
AUTHORIZING STREET CLOSURES AND
ESTABLISHING AREA PROHIBITED TO RETAIL
PEDDLERS FOR PUERTO RICAN DAY
CONSTITUTIONAL CELEBRATION JULY 23,
1988.
AUTHORIZING STREET CLOSURES AND
ESTABLISHING AN AREA PROHIBITED TO
RETAIL PEDDLERS FOR GUSMAN CENTER FOR
THE PERFORMING ARTS SEASON OPENER
SEPTEMBER 7, 1988.
88-622
88-623
88-624
88-625
88-626
88-627
88-628
88-629
88-630
88-631
t
P_.
DOCUMENT INDEX
PAGE OF lommom
DOCU MM DEwnWATM RETREVAL CODE NO.
ACCEPT PROPOSAL. BY U.S. IMPRESSION INC.
TO PUBLISH A FREE ECONOMIC PROFILE OF
CITY/COUNTY.
APPROVE TRADE-IN OF B-21 MICROCOMPUTERS
TOWARD PURCHASE OF B-25 MICROFOMPUTERS
FROM UNISYS CORPORATION.
AUTHORIZE PURCHASE OF ADDITIONAL
MICROCOMPUTERS AND PERIPHERAL EQUIPMENT
FROM UNISYS.
APPROVE PRUCHASE OF SWEEPERS FROM
METRO -TECH EQUIPMENT CORPORATION UNDER
AN EXISTING CORAL GABLES BID.
ACCEPT BID OF FORD BUSINESS FORMS FOR
4000 SECOND HAND DEALER BOOKLETS FOR
POLICE DEPARTMENT.
ACCEPT BIDS OF TWLVE SUPPLIERS FOR
OFFICE SUPPLIES.
ACCEPT BID OF C.O.B.A.D. CONSTRUCTION
CORP. FOR SOUTH DISTRICT (LITTLE
HAVANA) POLICE SUBSTATION.
COMMISSION EXPRESS SUPPORT OF AMERICAN
HERITAGE TRUST ACT.
RESCIND CONTRACT WITH URBAN SOUTH, INC.
AND ACCEPT BID OF TARAFA CONSTRUCTION
FOR VIRGINIA KEY IMPROVEMENTS -
LIFEGUARD FACILITIES.
AUTHORIZE EXECUTION OF AGREEMENT WITH
GREATER MIAMI NEIGHBORHOODS INC. TO
PROVIDE FINANCIAL AND TECHNICAL SUPPORT
TO COMMUNITY BASED CORPORATIONS FOR
AFFORDABLE HOUSING.
AUTHORIZE CONTRACT WITH MIAMI CAPITAL
DEVELOPMENT CORPORATION INC. TO
INCREASE REVOLVING LOAN FUND OF WHICH
$83,5bO. WILL BE USED FOR MINORITY
IMPORT/EXPORT REVOLVING LOAN FUND
PROGRAM.
AUTHORIZE PURCHASE FROM PEOPLES
NATIONAL BANK ITS LOAN TO HAITIAN
TASK FORCE, INC. FOR CARIBBEAN
MARKETPLACE PROJECT.
88-6 32
88-633
88-6 34
88-6 35
88-636
88-6 37
88-6 38
88-641
88-642
88-643
88-644
88-646
i11
e
DOCUMENT INDEX
MMrOF_
• DENTrICl�1"r10NI_m=wwRETRIEVAL CON NO
ACCEPT GRANT FOR THE ORGANIZATION OF
AMERICAN STATES FOR INTERNATIONAL
ARTIST SERIES, PANAMERICAN HALL CONCERT
SERIES.
AUTHORIZE AMENDMENT TO PERMIT ISSUED TO
UNITED STATES YACHT RACING UNION FOR
OPERATION OF "OLYMPIC SAILING AND
TRAINING CENTER" AT KENNEDY PARK.
AUTHORIZE REQUEST FOR BIDS FROM PRIVATE
CONTRACTORS FOR CONSTRUCTION OF
RESIDENTIAL UNITS ON TWO CITY OWNED
PARCELS IN WYNWOOD.
APPROVE AND ESTABLISH $510,000 AS
REIMBURSEMENT TO CITY FOR PUBLICLY -
OWNED CIVIC CENTER SITE BY "CODEC
INC. " IN CONNECTION WITH AFFORDABLE
HOUSING.
CLOSE STREETS FOR "SPORTS AID 88
RUNNING SERIES".
AUTHORIZE ACQUISITION BY PURCHASE
OR EMINENT DOMAIN ON PROPERTY GENERALLY
LOCATED BETWEEN NW. 1 AVENUE AND NW.
2 AVENUE AT NW 34 TERRACE FOR
DEVELOPING A PUBLIC PARK.
ALLOCATE $35,000 FROM LAW ENFORCEMENT
TRUST FUND FOR IMPLEMENTATION OF THE
CAREER CRIMINAL PROGRAM BY THE POLICE
DEPARTMENT.
ALLOCATE $5,000. FROM LAW ENFORCEMENT
TRUST FUND FOR IMPLEMENTATION OF PILOT
PROGRAM ENTITLED "PROJECT CITY VIEW" BY
POLICE DEPARTMENT.
APPROVE ANNUAL BUDGET OF DEPARTMENT OF
OFF-STREET PARKING FY'88-89,
APPROVE ANNUAL BUDGET FOR GUSMAN CENTER
AND OLYMPIA BUILDING FY '88-89.
APPROVE ANNUAL BUDGET OF WORLD
TRADE CEMTER GARAGE FY '88-89.
APPROVE ANNUAL BUDGET OF DOWNTOWN
GOVERNMENT CENTER GARAGE FY '88-89.
88-648
88-649
88-650
88-651
88-652
88-654
88-655
88-656
88-659
88-660
88-661
88-662
r...
DOCUMENT INDEX
mwiof
DOCIW-W wornnCAT" REMEVAL COOS NO.
AUTHORIZE AMENDMENT TO AGREEMENT WITH
JOYCE MEYERS FOR CONSULTANT FEES IN
CONNECTION WITH THE DOWNTOWN
DEVELOPMENT OF REGIONAL IMPACT AND
MASTER PLAN.
AUTHORIZE PAYMENT TO BLACKWELL, WALKER,
FASCELL, AND HOEHL FOR LEGAL SERVICES
BY ROBERT N. SECHF.N, SEPCIAL COUNSEL,
FOR DOWNTOWN DEVELOPMENT OF REGIONAL
IMPACT PROJECT AND THE SOUTHEAST
OVERTOWN/PARK WEST DEVELOPMENT OF
REGIONAL IMPACT PROJECT.
AUTHORIZE PAYMENT TO DAVID PLUMMER AND
ASSOCIATES, INC. FOR SERVICES IN
CONNECTION WITH THE DOWNTOWN
DEVELOPMENT OF REGIONAI. IMPACT PROJECT.
DENY APPEAL AND UPHOLD DECISION
OF ZONING BOARD TO APPROVE VALET
PARKING FOR PROPOSED OFFICE
BUILDING AT 2701 DAY AVENUE.
DENY APPEAL AND UPHOLD DECISION OF
ZONING BOARD TO APPROVE CLASS C SPECIAL
PERMIT FOR PROPOSED OFFICE BUILDING AT
2 701 DAY AVENUE.
AUTHORIZE EXECUTION OF AGREEMENT WIHT
GREATER MIAMI NEIGHBORHOODS INC. TO
PROVIDE FINANCIAL AND RECHNICAL SUPPORT
TO COMMUNITY BASED CORPORATIONS FOR
AFFORDABLE HOUSING.
ACCEPT BID OF NICO INDUSTRIES INC. FOR
COCONUT GROVE EXHIBITION CENTER
EXPANSION AND RENOVATION.
APPROVE USE AND CLOSURE OF STREETS FOR
"A T & T FOURMAN CORPORATY CYCLING
CHALLENGE" (BICYCLE RACE).
88-663
88-664
88-665
88-666
88-667
88-668
88-670
88-675