HomeMy WebLinkAboutCC 1993-02-09 MinutesPREPARED BY THE OFFICE OF THE CITY CLERK
CITY WALL
M1'
MATTY HIRAI
City Clerk
ITEM SUBJECT
NO.
INDEX
MINUTES OF REGULAR MEETING
FEBRUARY 9, 19Q2
LEGISLATION PAGE
NO.
1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION
SPECIAL ITEMS. 2/9/93
(A) PROCLAMATION: COCONUT GROVE ARTS
FESTIVAL DAY (FEBRUARY 13TH) -- FOR ITS
CONTRIBUTION TO THE DEVELOPMENT OF
COCONUT GROVE AND FOR CONTRIBUTING TO
THE ENHANCEMENT OF MIAMI'S CULTURAL
IMAGE,
2. CONSENT AGENDA.
DISCUSSION
2/9/93
2.1
ACCEPT BID: FRANKLIN CARPET -- FOR
R 93-77
INSTALLATION OF CARPET AND TILE AT FIRE
2/9/93
STATION NO. 9 (FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE).
2.2
ACCEPT BID: FRANK J. MORAN, INC.
R 93-78
($8,990, TOTAL BID) -- FOR DORSEY PARK
2/9/93
REHABILITATION - SPORT LIGHTING - PHASE
I, B-6201-C.
2.3
RECOGNIZE TAX-EXEMPT STATUS CLAIMED BY
R 93-79
CURE AIDS NOW, INC., IN SUPPORT OF ITS
2/9/93
REQUEST FOR A GRANT ($2,345.83).
2.4
APPROVE APPLICATION FOR THREE-DAY STATE
R 93-80
LIQUOR PERMIT BY FLORIDA INTERNATIONAL
2/9/93
RESTAURANT AND HOTEL EXPOSITION -- FOR
DISPLAY AND CONSUMPTION OF LIQUOR AT
COCONUT GROVE CONVENTION CENTER.
2.5 APPROVE USE OF DESIGNATED STREETS IN R 93-81
COCONUT GROVE DURING THE MERCY HOSPITAL 2/9193
HEALTH RUN 5-MILE RACE (CONDUCTED BY
FOOT WORKS RACE MANAGEMENT).
1
2
2-3
3
3
4
4
5
February 9, 1993
2.6
CLAIM SETTLEMENT: DEMONT T. ADAMS
R 93-82 5
($509000), CIRCUIT COURT CASE NO. 91-
2/9/93
01406 CA (20).
2.7
CLAIM SETTLEMENT: JAIME ANDRADE
R 93-83 6
($50,000), CIRCUIT COURT CASE NO. 91-
2/9/93
01855 CA (10).
2.8
AMEND RESOLUTION 93-26, WHICH DECLARED
R 93-84 6
THAT MOST ADVANTAGEOUS METHOD TO
2/9/93
DEVELOP IMPROVEMENTS ON CITY -OWNED LAND
WAS BY A UDP -- SCHEDULE PUBLIC HEARING
REGARDING DRAFT RFP FOR DEVELOPMENT OF
IMPROVEMENTS TO SAILING CLUB WATERFRONT
PROPERTY AT WATSON ISLAND: "MIAMI YACHT
CLUB".
2.9
AMEND RESOLUTION 93-27, WHICH DECLARED
R 93-85 7
THAT MOST ADVANTAGEOUS METHOD TO
2/9/93
DEVELOP IMPROVEMENTS ON CITY -OWNED LAND
WAS BY A UDP -- SCHEDULE PUBLIC HEARING
REGARDING DRAFT RFP FOR DEVELOPMENT OF
IMPROVEMENTS TO MOTORBOAT WATERFRONT
PROPERTY AT WATSON ISLAND: "MIAMI
OUTBOARD CLUB".
3. ACCEPT BID: ROYAL RENT -A -CAR -- FOR R 93-86
FURNISHING AUTOMOBILE RENTAL SERVICE ON 2/9/93
A CONTRACT BASIS TO THE CITY.
4. DISCUSS AND WITHDRAW PROPOSED DISCUSSION
RESOLUTION TO APPROVE GRANT OF EASEMENT 2/9/93
TO BELL SOUTH TELECOMMUNICATIONS, INC.
(SOUTHERN BELL TELEPHONE AND TELEGRAPH
COMPANY) -- FOR CONSTRUCTION f
INSTALLATION / MAINTAINING AN
UNDERGROUND COMMUNICATIONS TRANSMISSION
LINK UNDER / THROUGH CITY PROPERTY
LOCATED ON VIRGINIA KEY (See label 47).
5. AUTHORIZE SECOND AMENDMENT AND R 93-87
SUPPLEMENT TO LOAN AGREEMENT WITH 2/9/93
SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION.
7-11
12
13-16
2 February 9, 1993
6.
(A) ACCEPT DONATION OF VACANT REAL
R 93-88 17-42
=
PROPERTY LOCATED AT 8055 N.E. MIAMI
M 93-89
COURT (EDISON / LITTLE RIVER COMMUNITY
2/9/93
DEVELOPMENT TARGET AREA) »- TO BE USED
—
FOR DEVELOPMENT OF LOW / MODERATE
INCOME HOUSING.
(8) DISCUSSION CONCERNING METRO-DADE
=
COUNTY'S RECENTLY -INSTITUTED MORATORIUM
ON NEW SEWAGE CONNECTIONS IN THE
CENTRAL WASTE WATER DISTRICT -- REQUEST
ADMINISTRATION TO SUGGEST ALTERNATIVES
_
AND EXPLORE ALL POSSIBLE SOLUTIONS --
TENTATIVELY SET PUBLIC HEARING.
_ 7.
EMERGENCY ORDINANCE: AMEND 10021,
ORDINANCE 42-46
WHICH ESTABLISHED INITIAL RESOURCES AND
11037
APPROPRIATIONS FOR THE LAW ENFORCEMENT
2/9/93
TRUST FUND -- PROVIDE FOR AN INCREASE
($442,500) DUE TO SUCCESSFUL FORFEITURE
ACTIONS.
8.
FIRST READING ORDINANCE: AMEND CODE --
ORDINANCE 46-47
DELEGATE TO CITY MANAGER AUTHORITY ON
FIRST READING
SPECIAL OCCASIONS AND EVENTS T0: (a)
2/9/93
PERMIT DISPENSING OF BEER / WINE IN
SOFT CONTAINERS IN CITY PARKS, ON
PUBLIC STREETS AND SIDEWALKS; AND (b)
APPROVE CLOSURE OF DESIGNATED STREETS
FOR SAID EVENTS.
9.
AMEND CODE SECTION 38-73 CONCERNING
ORDINANCE 48-51
BAYFRONT PARK MANAGEMENT TRUST --
FIRST READING
PROVIDE THAT A CITY COMMISSIONER
2/9/93
APPOINTED BY THE CITY COMMISSION SHALL
SERVE EX OFFICIO AS A VOTING MEMBER /
CHAIRPERSON OF THE TRUST -- TERMS TO BE
REVIEWED ANNUALLY.
10.
(A) DISCUSS AND MOMENTARILY TABLE
DISCUSSION 51-100
PROPOSED RESOLUTION SEEKING
2/9/93
AUTHORIZATION TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH METRO-DADE
COUNTY FOR INCLUSION IN THE COUNTY
CURBSIDE RECYCLING PROGRAM TO PROVIDE
SERVICES TO THE CITY (See label 39).
(8) CITY MANAGER QUESTIONED ON HAVING
INTERRUPTED THE CITY'S RECYCLING
PROGRAM AFTER HURRICANE ANDREW.
3 February 9, 1993
11. AUTHORIZE ISSUANCE OF RFP FOR THE R 93-90
PROVISION OF BANKING SERVICES REQUIRED 2/9/93
BY THE CITY -- INFORM CITY CLERK IN
WRITING OF NAMES OF APPOINTEES TO
SELECTION COMMITTEE TO EVALUATE
PROPOSALS AND REPORT FINDINGS.
12. RATIFY CITY MANAGER'S ACTION IN R 93-91
EXTENDING CONTRACT WITH KOSTMAYER 2/9/93
CONSTRUCTION COMPANY -- FOR CONTROLLED
AIR BURNING OF HURRICANE DEBRIS.
13. RATIFY CITY MANAGER'S ACTION IN R 93-92
EXTENDING CONTRACT WITH FLORIDA 2/9/93
EQUIPMENT AND PARTS -- FOR LEASING OF
FOUR BULLDOZERS (INCLUDING OPERATORS,
MAINTENANCE, INSURANCE AND FUEL) FOR
HURRICANE DEBRIS REMOVAL.
14., RATIFY CITY MANAGER'S ACTION IN R 93-93
AWARDING BID TO ACTION LAND DEVELOPMENT 2/9/93
CORPORATION -- FOR REMOVAL OF HURRICANE
DEBRIS.
15.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
PROPOSED RESOLUTION TO AUTHORIZE A
2/9/93
CONTRIBUTION IN SUPPORT OF THE
SAMARITAN SALT FACTORY.
16.
DISCUSS AND DEFER PROPOSED RESOLUTION
DISCUSSION
TO AUTHORIZE FUNDING OF THE EFFICACY
2/9/93
INSTITUTE, INC.
17.
AUTHORIZE PURCHASE OF A DIGITAL
R 93-94
MICROPRINTER AND ACCESSORIES.
2/9/93
18.
ACCEPT BID: AMERICAN LIGHTING
R 93-95
MAINTENANCE -- FOR GRAPELAND HEIGHTS
2/9/93
PARK - SPORT LIGHTING PROJECT PHASE II
(2ND BIDDING) B-2958-B.
19.
APPOINT INDIVIDUAL TO SERVE AS
R 93-96
ALTERNATE MEMBER OF THE PLANNING
2/9/93
ADVISORY BOARD (Appointed was: Ofelia
Tabares Fernandez).
20.
APPOINT INDIVIDUAL TO SERVE AS MEMBER
R 93-97
OF THE OFFICE OF PROFESSIONAL
2/9/93
COMPLIANCE ADVISORY PANEL (Appointed
was: Peter Bellas, Esq.).
2
100-103
104
105
106-107
107-116
116
117-118
119-120
121-122
122-123
February 9, 1993
21. APPOINT f REAPPOINT INDIVIDUALS TO R 93-98
SERVE AS MEMBERS OF THE AFFIRMATIVE 2/9193
ACTION ADVISORY BOARD (Appointed were:
Bob Valiador A Jesus Roiz; reappointed
were: Sam Mason & Nora Hernandez
Hendrix).
22. DISCUSS AND MOMENTARILY TABLE DISCUSSION
APPOINTMENT OF INDIVIDUAL TO SERVE AS A 2/9/93
MEMBER OF .THE HEALTH FACILITIES
AUTHORITY (See label 36).
23. APPOINT INDIVIDUALS TO SERVE AS REGULAR R 93-99
f ALTERNATE MEMBERS OF THE CODE 2/9193
ENFORCEMENT BOARD (Appointed were:
Ileana Morales, Ruben Avila & Jacques
Despinose) (See label 37).
24. APPOINT / REAPPOINT INDIVIDUALS TO M 93-100
SERVE AS REGULAR / ALTERNATE MEMBERS OF 2/9/93
THE INTERNATIONAL TRADE BOARD (See
label 38, listing appointees).
25. BRIEF COMMENTS AND DEFERRAL OF DISCUSSION
SCHEDULED DISCUSSION AS AN UPDATE ON 2/9/93
THE PROBLEMS AT PARKING METERS IN
MEDIAN ON BISCAYNE BOULEVARD BETWEEN
S.E. 1 STREET AND N.E. 6 STREET.
26. DISCUSSION RELATING TO PRESENTLY- DISCUSSION
INSTITUTED PROCEEDINGS BY POLICE 2/9/93
DEPARTMENT CONCERNING VEHICLE PURSUIT.
27. AUTHORIZE ISSUANCE OF REVOCABLE USE R 93-101
PERMIT TO DADE COUNTY SCHOOL BOARD FOR 2/9/93
USE OF PORTION OF PARKING AREA AT
MARINE STADIUM, WITH PROVISOS.
28. GRANT REQUEST BY FILM SOCIETY OF MIAMI R 93-102
FOR CLOSURE OF DESIGNATED STREETS -- 2/9/93
PERMIT SALE OF ALCOHOLIC BEVERAGES --
IN CONNECTION WITH FILM FESTIVAL'S
CLOSING PARTY.
123-126
126
126-131
131-141
141
141-143
143-144
144-145
5 February 9, 1993
29. DISCUSS AND WITHDRAW CONSIDERATION OF DISCUSSION
REQUEST TO ENTER INTO PROFESSIONAL 2/9/93
SERVICES AGREEMENT WITH NATIONAL
ORGANIZATION OF BLACK LAW ENFORCEMENT
EXECUTIVES (NOBLE) -- FOR POLICE
SENSITIVITY TRAINING -- WITHDRAWN BY
ADMINISTRATION.
30. RESCHEDULE SECOND REGULAR COMMISSION R 93-103
MEETING OF FEBRUARY 1993 TO TAKE PLACE 2/9/93
ON FEBRUARY 25TH9 COMMENCING AT 3:00
PM.
31. GRANT REQUEST BY BROTHERS OF THE GOOD R 93-104
SHEPHERD FOR CLOSURE OF DESIGNATED 2/9/93
STREETS IN CONNECTION WITH AN EVENT
HOSTED BY CAMILLUS HOUSE AND UNIVERSITY
OF MIAMI SCHOOL OF MEDICINE.
32. APPROVE CITY OF MIAMI'S COMPREHENSIVE R 93-105
HOUSING AFFORDABILITY STRATEGY (CHAS) 2/9/93
FOR FY 1992-93 -- AUTHORIZE MANAGER TO
EXECUTE AND SUBMIT THE CHAS TO U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
33. APPROVE SELECTION OF INDIVIDUALS BY R 93-106
UNIVERSITY OF MIAMI TO RECEIVE 2/9/93
SCHOLARSHIPS (Selected were: Jennifer
Belbusti, Ernst Beliard, Lannie
Carrerou, Phillip Cherfrere, Ivan
Gonzalez, Nadine Laurent, Diana
Lavander, Jacqueline Mau, Miriam
Pacheco A Eduardo Wolffe).
34. CITY MANAGER ANNOUNCES JUDGE ATKINS'S DISCUSSION
DECISION THAT CITY OF MIAMI CAN, IF 2/9/93
NECESSARY, ARREST THE HOMELESS IN
BICENTENNIAL 'PARK AREA -- DUE TO
PREPARATION FOR GRAND PRIX EVENT.
35. BRIEF DISCUSSION IN CONNECTION WITH DISCUSSION
CONCERNS OF WEST COCONUT GROVE 2/9/93
RESIDENTS AND THE SALE OF NARCOTICS ON
N.W. 61 STREET BETWEEN 12 b 17 AVENUES
(See label 52).
36. (Continued Discussion) APPOINT R 93-107
INDIVIDUAL AS MEMBER OF THE HEALTH 2/9/93
FACILITIES AUTHORITY (Appointed was:
Raquel Aurora Regalado) (See label 22).
146-149
150-151
151-154
155-162
162-166
166-168
168-169
169-170
6 February 9, 1993
37.
(Continued) DISCUSSION CONCERNING
DISCUSSION
171-17
APPOINTMENT OF INDIVIDUALS TO SERVE AS
2/9/93
_
—
REGULAR / ALTERNATE MEMBERS OF THE CODE
ENFORCEMENT BOARD (See label 23).
38.
(Continued Discussion) APPOINT i
R 93-108
172-173
_
REAPPOINT INDIVIDUALS TO SERVE AS
2/9193
REGULAR / ALTERNATE MEMBERS OF THE
_
-_
INTERNATIONAL TRADE BOARD (Reappointed
-
were: Bill Rios, Howard Gary, Saturnino
Lucio II, Kishor Parekh, Omar Diaz
Salinero, Osmundo Martinez, Dwayne
=
Wynn, William Messett, William
-
Alexander, Waldo Castro, Teo Babun, Bob
Rodriguez, Marie Wray, Eladio Armesto
=
III, Robert Dobiecki, Robert Brown.
Appointed were: Ton Kallman, Vicky
Leiva, Christine Morales, Maritza
Gutierrez, Jerome Reisman, Raquel
Regalado, Xonia Diaz, Ignacio Bustillo,
Abraham Malki Kawa, Tony Zamora b
_
Nelcida Chadoff.) (See label 24.)
39.
(Continued) DISCUSSION CONCERNING PLANS
M 91-109
173-223
FOR AN IMPROVED CITY RECYCLING
219/93
PROGRAM -- SET ASIDE POSSIBILITY FOR
=
INCLUSION IN THE COUNTY CURBSIDE !
RECYCLING PROGRAM -- AWARD CONTRACT TO
SANITATION EMPLOYEES° UNION, AS A
DEMONSTRATION PROJECT, FOR ONE YEAR --
FINAL DETAILS TO BE WORKED OUT (See
label 10).
40.
DISCUSSION ADDRESSING CONCERNS RELATED
DISCUSSION
223-233
TO STEPHANIE MARRING (JERRY'S SUB SHOP)
219/93
AND THE BAYSIDE LIMITED PARTNERSHIP.
41.
PERSONAL APPEARANCE BY RICHARD E.
DISCUSSION
233-234
HESSEY CONCERNING HIS MEDICAL INSURANCE
2/9/93
COVERAGE PRESENTLY PROVIDED THROUGH THE
SANITATION EMPLOYEES' ASSOCIATION --
TEMPORARILY TABLED (See label 45).
7 February 9, 1993
r
42.
(A) URGE BOTH METRO-DADE COUNTY AND
R 93-110 234-247
CITY ADMINISTRATION TO CONDUCT A
M 93-111
TRAFFIC STUDY OF THE SHQRECREST
2/9/93
NEIGHBORHOOD AREA -- FOR POSSIBLE
PERMANENT CLOSURE OF CERTAIN DESIGNATED
STREETS FOR SECURITY REASONS -- REQUEST
ADMINISTRATION TO COME BACK WITH A
RECOMMENDATION.
(B) INSTRUCT ADMINISTRATION TO CONDUCT
A TRAFFIC STUDY OF BAY HEIGHTS / NATOMA
AREA -- PURSUANT TO REQUEST FROM
NEIGHBORS FOR POSSIBLE PERMANENT
CLOSURE OF DESIGNATED STREETS IN ORDER
TO RESTRICT TRAFFIC.
43.
GRANT REQUEST BY COCONUT GROVE BICYCLE
R 93-112 247-248
CLUB FOR CLOSURE OF DESIGNATED STREETS
2/9/93
AND WAIVER OF FILING APPLICATION
DEADLINE.
44.
GRANT REQUEST BY MARCH OF DIMES BIRTH
R 93-113 249-250
DEFECTS FOUNDATION FOR CLOSURE OF
2/9/93
DESIGNATED STREETS, RESTRICTION OF
PEDDLERS, AND' WAIVER OF CERTAIN FEES,
ETC., IN CONNECTION WITH 23RD ANNUAL
WALKAMERICA EVENT.
45.
(Continued Discussion) PERSONAL
M 93-114 251-260
APPEARANCE BY RICHARD E. HESSEY
2/9/93
CONCERNING ONGOING PROBLEM RELATING TO
HIS PERSONAL MEDICAL COVERAGE THROUGH
THE SANITATION EMPLOYEES'
ASSOCIATION -- INSTRUCT CITY MANAGER TO
BRING THIS ISSUE BACK IF AGREEMENT NOT
REACHED (See label 41).
46.
DIRECT ADMINISTRATION TO INSTALL
R 93-115 260-267
BLEACHERS ON THE FIELD OF BOBBY MADURO
2/9/93
STADIUM FOR FOOTBALL GAMES TO BE STAGED
BY JESSE WIGGINS -- CITY TO PAY FOR
COST OF ELECTRICITY.
47.
(Continued Discussion) APPROVE GRANT OF
R 93-116 267-268
EASEMENT TO BELL SOUTH
2/9/93
TELECOMMUNICATIONS, INC. (d/b/a
SOUTHERN BELL TELEPHONE AND TELEGRAPH
COMPANY) -- FOR CONSTRUCTION /
INSTALLATION / MAINTENANCE OF AN
UNDERGROUND COMMUNICATIONS LINK UNDER /
THROUGH CITY PROPERTY ON VIRGINIA KEY
(See label 4).
8 February 9, 1993
m
0
0
48.
APPOINT INDIVIDUAL TO SERVE AS MEMBER
P. 93-117
OF THE NUISANCE ABATEMENT BOARD
2/9/93
(Appointed was: Carolyn Cope).
49.
AUTHORIZE ALLOCATION OF $50,000 AS SEED
M 93-118
MONEY IN CONNECTION WITH THE BUDWEISER
2/9/93
UNLIMITED REGATTA EVENT.
50.
(A) AUTHORIZE INCREASE IN COMPENSATION
R 93-119
TO DANIELS, KASHTAN & FORNARIS, LEGAL
R 93-120
CONSULTANTS / CO -COUNSEL IN CONNECTION
219193
WITH THE CASE OF MCNEW MARINE
CONSTRUCTION, INC. VS. CITY OF MIAMI
VS. RONALD A. FRAZIER & ASSOCIATES, ET
AL .
(B) AUTHORIZE INCREASE IN COMPENSATION
TO ARTHUR J. ENGLAND, JR. OF GREENBERG,
TRAURIG, HOFFMAN, LIPOFF, ROSEN &
QUENTEL WHO SERVED AS CO -COUNSEL BEFORE
FLORIDA SUPREME COURT IN CONNECTION
WITH; CITY OF MIAMI V. BELL (CASE
#80,524); CITY OF MIAMI V. AROSTEGUI
(CASE #80,560); CITY OF MIAMI V. McLEAN
(CASE #80,575); CITY OF MIAMI V. MEYER
(CASE #80,652); CITY OF MIAMI V. FAIR
(CASE #80,728); CITY OF MIAMI V. THOMAS
(CASE #80,683); CITY OF MIAMI V. HICKEY
(CASE #80,981); CITY OF MIAMI V. KING
(CASE #80,999); AND CITY OF MIAMI V.
LEIBNITZER (CASE #80,998).
51.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION
SPECIAL ITEMS.
2/9/93
(A) PROCLAMATION: MR. THELBERT
JOHNAKINS DAY -- FOR HIS MANY YEARS OF
DEDICATED VOLUNTEER WORK AND COMMITMENT
TO COMMUNITY ENDEAVORS AS CHAIRMAN OF
MODEL CITY CRIME PREVENTION SUBCOUNCIL.
271-275
275-276
9 February 9, 1993
52. (A) PERSONAL APPEARANCE BY MR. THELBERT M 93-121 277-284
JOHNAKINS (CHAIRMAN, MODEL CITY CRIME DISCUSSION
PREVENTION SUBCOUNCIL AND TASK 2/9/93
FORCE) -- TO DISCUSS ISSUES CONCERNING
CRIME, CODE ENFORCEMENT AND RELATED
ISSUES.
(D) DISCUSSION IN CONNECTION WITH
CONCERNS OF RESIDENTS OF WEST COCONUT
GROVE AREA REGARDING SALE OF NARCOTICS
AT N.W. 61 STREET BETWEEN 12 6 17
AVENUES (See label 35).
(C) INSTRUCT ADMINISTRATION TO
IMMEDIATELY MAKE ALL NECESSARY REPAIRS
TO THE NORTH POLICE SUBSTATION.
10 February 9, 1993
4
4
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of February, 1993, 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 9:05 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Xavier Suarez and Vice Mayor De
Yurre then led those present in a pledge of allegiance to the flag.
----------------------------------------------------------
NOTE
FOR THE RECORD:
By
memorandum from City Manager
Cesar
----------------------------------------------------------
Udio, agenda i ems
7 &
8 were withdrawn.
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, the Mayor recognizes
e presence of Dw ght Stephenson, a former Miami Dolphin
Center.
----------------------------------------------------------
1 February 9, 1993
f
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
(A) FOR ITS CONTRIBUTION U TO THE DEVELOPMENT OF COCONUT GROVE ARTS FESTIVAL DAY (FEBRUARY IAND)
FOR
CONTRIBUTING TO THE ENHANCEMENT OF MIAMI'S CULTURAL IMAGE.
--------------------------------.-------------------------------------.---_-----
(A) Proclamation of Saturday, February 13, 1993 as "Coconut Grove Arts
Festival Day, for its contribution to the development of Coconut Grove
and for contributing to the enhancement of Miami's cultural image.
2. CONSENT AGENDA.
-------------------------------------------------------------------------------
Mayor Suarez: Consent agenda consists of items CA-1 through 13. If anyone
wishes to be heard on any of these items separately, please step up to the
mikes. Let the record reflect no one did that. Commissioners, if you have
any clarification on any of those items.., if not, we can entertain a motion.
Commissioner Plummer: Two, four, eight, for me...
Mayor Suarez: All right. Thank you.
Commissioner Plummer: ...on the consent.
Mayor Suarez: With the exception of items two, four and eight... CA-1...
Commissioner Plummer: I move the remainder.
Commissioner Dawkins: Five.
Commissioner Plummer: Oh, OK. I'm...
Commissioner Dawkins: Five, five.
Mayor Suarez: With the exception of items two, four, five and eight, I'll
entertain a motion on the consent agenda CA-1 through CA-13.
Commissioner Plummer: So move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
THEREUPON, MOTION DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY VICE MAYOR ALONSO, THE CONSENT AGENDA
ITEMS WERE PASSED AND ADOPTED BY THE FOLLOWING VOTE:
2 February 9, 1993
ABSENT: None.
2.1 ACCEPT BID: FRANKLIN CARPET -- FOR INSTALLATION OF CARPET AND TILE AT
FIRE STATION NO. 9 (FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
AND SOLID WASTE).
RESOLUTION NO. 93-77
A RESOLUTION ACCEPTING THE BID OF FRANKLIN CARPET FOR
THE INSTALLATION OF CARPET AND TILE AT FIRE STATION
NO. 9 FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE AT A TOTAL PROPOSED
AMOUNT OF $9,989.00; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 420401-670; 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.)
2.2 ACCEPT BID: FRANK J. MORAN, INC. ($8,990, TOTAL BID) -- FOR DORSEY PARK
REHABILITATION - SPORT LIGHTING - PHASE 1, B-6201-C.
RESOLUTION NO. 93-78
A RESOLUTION ACCEPTING THE BID OF FRANK J. MORAN,
INC., IN THE PROPOSED AMOUNT NOT TO EXCEED $8,990.00,
TOTAL BID OF THE PROPOSAL, FOR DORSEY PARK
REHABILITATION - SPORT LIGHTING - PHASE I, B-6201-C;
WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR
1991-92 CAPITAL IMPROVEMENT ORDINANCE NO. 10938,
PROJECT NO. 331357, IN THE AMOUNT OF $8,990.00 TO
COVER THE CONTRACT COST AND $2,109.50 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$11,099.50; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3
February 9, 1993
-EXEMPT STATUS CLAIMED BY CURE AIDS NOW, INC., IN SUPPORT
2.3 RECOGNIZE TAX
OF ITS REQUEST FOR A GRANT ($2,345.83).
RESOLUTION NO. 93-79
A RESOLUTION RECOGNIZING THE TAX-EXEMPT STATUS CLAIMED
BY CURE AIDS NOW, INC., A CHARITABLE ORGANIZATION, IN
SUPPORT OF ITS REQUEST FOR A GRANT IN THE AMOUNT OF
$2,345.83, SAID SUM BEING CONFIRMED AS THE AMOUNT TO
BE RECEIVED BY THE CITY AS A RESULT OF THE
ORGANIZATION'S NONCOMPLIANCE WITH THE FILING
REQUIREMENT FOR TAX-EXEMPT STATUS OF PROPERTY LOCATED
WITHIN THE CITY OF MIAMI; FURTHER DESIGNATING PROPERTY
TAX ACCOUNTS IN THE GENERAL FUND AND GENERAL
OBLIGATION DEBT SERVICE FUND FOR SUCH PAYMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.4 APPROVE APPLICATION FOR THREE-DAY STATE LIQUOR PERMIT BY FLORIDA
INTERNATIONAL RESTAURANT AND HOTEL EXPOSITION -- FOR DISPLAY AND
CONSUMPTION OF LIQUOR AT COCONUT GROVE CONVENTION CENTER.
RESOLUTION NO. 93-80
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
APPROVAL OF THE APPLICATION FOR A THREE-DAY STATE
LIQUOR PERMIT BY FLORIDA INTERNATIONAL RESTAURANT 8
HOTEL EXPOSITION, FOR THE DISPLAY BY MANUFACTURERS OR
DISTRIBUTORS OF PRODUCTS LICENSED UNDER STATE BEVERAGE
LAW, AND ALSO FOR CONSUMPTION OF SUCH BEVERAGES ON THE
PREMISES OF THE COCONUT GROVE CONVENTION CENTER,
MIAMI, FLORIDA, DURING THE PERIOD OF JULY 23-25, 1993,
SUCH APPROVAL BEING A STATUTORY REQUISITE PRIOR TO THE
STATE'S ISSUANCE OF SAID PERMIT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4 February 9, 1993
u
#^s
2.5 APPROVE USE OF DESIGNATED STREETS IN COCONUT GROVE DURING THE MERCY
HOSPITAL HEALTH RUN 5-MILE RACE (CONDUCTED BY FOOT WORKS RACE
MANAGEMENT).
- RESOLUTION NO. 93-81
A RESOLUTION APPROVING THE USE OF CERTAIN STREETS AND
THOROUGHFARES IN COCONUT GROVE DURING THE MERCY
HOSPITAL HEALTH RUN 5-MILE RACE TO BE CONDUCTED BY
FOOT WORKS RACE MANAGEMENT ON MARCH 20, 1993, BETWEEN l
THE HOURS OF 8:00 A.M. AND 10:00 A.M., SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE
POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE
STREETS TO BE UTILIZED AS PART OF THE RACE COURSE;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN
UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
- SERVICES AND FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
=` on file in the Office of the City Clerk.)
2.6 CLAIM SETTLEMENT: DEMONT T. ADAMS ($50,000), CIRCUIT COURT CASE NO. 91-
01406 CA (20).
RESOLUTION NO. 93-82
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO DEMONT T. ADAMS, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $50,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAM1, IN CIRCUIT COURT CASE NO. 91-01406
CA(20), UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS
AND DEMANDS, FUNDS TO BE PROVIDED FROM THE INSURANCE
AND SELF-INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5 February 9, 1993
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO JAIME ANDRADE, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $50,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 91-01855
CA(10), UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS
AND DEMANDS, FUNDS TO BE PROVIDED FROM THE INSURANCE
AND SELF-INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.8 AMEND RESOLUTION 93-26, WHICH DECLARED THAT MOST ADVANTAGEOUS METHOD TO
DEVELOP IMPROVEMENTS ON CITY -OWNED LAND WAS BY A UDP -- SCHEDULE PUBLIC
HEARING REGARDING DRAFT RFP FOR DEVELOPMENT OF IMPROVEMENTS TO SAILING
CLUB WATERFRONT PROPERTY AT WATSON ISLAND: "MIAMI YACHT CLUB".
RESOLUTION NO. 93-84
A RESOLUTION AMENDING SECTION 3 OF RESOLUTION NO. 93-
26, ADOPTED JANUARY 14, 1993, WHICH DECLARED THAT THE
MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON CERTAIN CITY -OWNED LAND WAS BY A
UNIFIED DEVELOPMENT PROJECT (UDP) AND SCHEDULED A
PUBLIC HEARING FOR FEBRUARY 11, 1993 AT 3:00 P.M. TO
TAKE TESTIMONY REGARDING A DRAFT REQUEST FOR PROPOSALS
(RFP) FOR THE DEVELOPMENT OF IMPROVEMENTS TO THE
SAILING CLUB WATERFRONT PROPERTY AT WATSON ISLAND
KNOWN AS THE "MIAMI YACHT CLUB"; THEREBY PROVIDING
THAT SAID PUBLIC HEARING BE RESCHEDULED TO MARCH 11,
1993 AT 3:00 P.M.
(Here follows body of resolution, omitted here and -
on file in the Office of the City Clerk.)
6 February 9, 1993
L'
2.9 AMEND RESOLUTION 93-27, WHICH DECLARED THAT MOST ADVANTAGEOUS METHOD TO
DEVELOP IMPROVEMENTS ON CITY -OWNED LAND WAS BY A UDP -- SCHEDULE PUBLIC
HEARING REGARDING DRAFT RFP FOR DEVELOPMENT OF IMPROVEMENTS TO MOTORBOAT
WATERFRONT PROPERTY AT WATSON ISLAND: "MIAMI OUTBOARD CLUB".
RESOLUTION NO. 93-85
A RESOLUTION AMENDING SECTION 3 OF RESOLUTION NO. 93-
27E ADOPTED JANUARY 14, 1993, WHICH DECLARED THAT THE
MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON CERTAIN CITY -OWNED LAND WAS BY A
UNIFIED DEVELOPMENT PROJECT (UDP) AND SCHEDULED A
PUBLIC HEARING FOR FEBRUARY 11, 1993 AT 3:05 P.M. TO
TAKE TESTIMONY REGARDING A DRAFT REQUEST FOR PROPOSALS
(RFP) FOR THE DEVELOPMENT OF IMPROVEMENTS TO THE
MOTORBOAT WATERFRONT PROPERTY AT WATSON ISLAND KNOWN
AS THE; "MIAMI OUTBOARD CLUB"; THEREBY PROVIDING THAT
SAID PUBLIC HEARING BE RESCHILOULED TO MARCH 11, 1993
AT 3:05 P.M.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3. ACCEPT BID: ROYAL RENT -A -CAR -- FOR FURNISHING AUTOMOBILE RENTAL
SERVICE ON A CONTRACT BASIS TO THE CITY.
Mayor Suarez: Item CA-2.
Commissioner Plummer: Mr. Manager, on two, with all the damned cars we've got
around here, and 104 of them wrecked in the motor pool, why are we going out
and renting more cars?
Commissioner Dawkins: We've got the money.
Commissioner Plummer: We've got the money, is that... You know, sometimes I
think that makes no sense at all.
Asst. Chief C. Huddleston: This... These cars are being leased through c.:!-,
EMS grant funds, Commissioner...
Commissioner Plummer: So what? Use the money for other purposes.
As3t. Chief Huddleston: ...and if we... It has to be specifically used for
this, as it was identified for the lease of these vehicles and we'll lose
it...
Commissioner Plummier: Where did the EMS money come from?
Asst. Chief Huddleston: It comes from the State.
7 February 9, 1993
Commissioner Plummer: That's tax money, right?
Asst. Chief Huddleston: Yes, sir.
Commissioner Dawkins: That's free money, the Manager says.
Asst. Chief Huddleston: Yes.
Commissioner Plummer: It's what?
Commissioner Dawkins: Free money.
Commissioner Plummer: Free money.
Mr. Cesar Odio (City Manager): bell...
Asst. Chief Huddleston: If it's not used, it will... we'll lose it.
Commissioner Plummer: Mr. Manager, it doesn't make sense, and especially the
backup material, that you have to carry stuff to places, and you have to go
over hilly terrain. I think it, personally, is a waste of money. Now, my
colleagues can do what they want. I'm voting against it. Just because, you
know, you don't need the money... Don't use it.
Asst. Chief Huddleston: We do need it.
Commissioner Plummer: But don't spend 1t just because you've got... No,
we've got cars running out of our ears. We just ordered how many, Mr.
Manager? A hundred and seventy more.
Mr. Odio: Those are police vehicles.
Asst. Chief Huddleston: Yes, we don't... We're constantly
Commissioner Plummer: You all do what you want. It's my tax dollars and my
vote is no.
Mayor Suarez: Is this... The total amount of this is $7,600?
Commissioner Plummer: Yes.
Asst. Chief Huddleston: For two vehicles. Yes, sir.
Mayor Suarez: And 56... And what kind of vehicles are they?
Asst. Chief Huddleston: They're going to be compact cars, lockable trunks, so
that the material for the educational purposes can be stored away.
Maintenance is included in that as well as liability coverage.
Mayor Suarez: And the vehicles are going to be strictly for educational
purpose, you say?
8 February 9, 1993
Asst. Chief Huddleston: Yes, sir, through that grant, so they have to be
specifically identified and used for that purpose.
Mayor Suarez: And the grant is a state grant?
Asst. Chief Huddleston: Yes, sir.
Mayor Suarez: Wouldn't 1t make more sense, frankly, for the State to give us
money, so we can vehicles that are out there, actually helping in some way or
another to do the work of the Fire Emergency Rescue Services Department?
Commissioner Plummer: Prevention.
Asst. Chief Huddleston: Well, it is. This is fire prevention work. This is
accident prevention. The grant is specifically accident prevention.
Mayor Suarez: Oh, it's accident prevention.
Asst. Chief Huddleston: Yes, sir.
Mayor Suarez: And how does it do that, as long as Commissioner Plummer began
to inquire?
Asst. Chief Huddleston: The Public Education Section visits schools, teaches
the children accident prevention techniques, behaviors...
Commissioner Plummer: Why don't you use one of the two motor homes that the
Police Department bought for $140,000 that are not being used for drug
education? They're used downtown now for a substation. I think that would be
a hell of a lot better for education.
Asst. Chief Huddleston: These are used just for transportation back and forth
to schools and so on and so forth.
Commissioner Plummer: Well, that was $140,000 for each one of the motor homes
that aren't being used.
Commissioner Dawkins: No, it wasn't $140,000. No, come on. Give us a break,
now.
Commissioner Plummer: It was.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Chief?
Asst. Chief Huddleston: Yes, sir.
Commissioner Dawkins: Why can't we use...
Commissioner Plummer: Cesar, how much did we pay for those motor homes?
Commissioner Dawkins: ...those station wagons that ride through the City of
Miami that have "City of Miami Fire Department" on them. They're white, and
9 February 9, 1993
x,
k
what have you, which would be eye-catching and also could be identified with
the fire Department. Why is it necessary to have two vehicles, rather than
use two of those?
Asst. Chief Huddleston: We just have run out of vehicles, Commissioners, for
the number of functions that we're performing. You're talking probably about
our district chiefs' cars, and our hazardous materials vehicles. Those are
dedicated for that purpose and are used constantly.
Commissioner Dawkins: Every station wagon that I see is for hazardous
materials or for fire chiefs?
Asst. Chief Huddleston: No, sir, and also our fire inspectors...
Commissioner Dawkins: OK. That's all. No, you answered the question so, you
know... But that's not what you're telling me. That's what you just told me,
but that's not what it is. All right.
Asst. Chief Huddleston: More extensive than that. I just used that as an
example for the specific purposes that they're used. They are dedicated for
those kinds of purposes. There 1s a variety of things.
Commissioner Dawkins: No further questions.
Mayor Suarez: All right. Thank you, Commissioners. Any...
Commissioner Plummer: I move to deny.
Mayor Suarez: Moved. Do we have a second on the motion to deny? Do we have
a second on the motion to deny? What would happen if we did in fact vote to
deny? The money just goes back to the State?
Asst. Chief Huddleston: Yes, sir.
Commissioner Plummer: They'd find the money... They'd find two cars that
were not being used and they'd use them.
Mayor Suarez: Do we have a second, for the third time? If not, I'll
entertain a motion to approve the item.
Commissioner Plummer: It's only tax dollars. Don't worry about it.
Vice Mayor De Yurre: What's the recommendation of the Administration?
Commissioner Plummer: Thank you.
Mr. Odio: No, we recommend this.
Nice Mayor De Yurre: You do?
Mr. Odio: We do.
Vice Mayor De Yurre: OK. I move.
10 February 9, 1993
A
Mayor Suarez: Moved?
Vice Mayor Be Yurre: Moved.
Mayor Suarez: All right.. I'll second and get things moving here.
Commissioner Dawkins: It has been properly moved and seconded. Any
discussion on the item? Hearing none, call the roll to approve.
The following resolution was introduced by Vice Mayor Be Yurre, who
moved its adoption:
RESOLUTION NO. 93-86
A RESOLUTION ACCEPTING THE BID OF ROYAL RENT -A -CAR FOR
THE FURNISHING OF AUTOMOBILE RENTAL SERVICE ON A
CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD
FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES AT A TOTAL PROPOSED FIRST YEAR COST OF
$7,656.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
NUMBERS 280204-610 AND 280205-610; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND
THEREAFTER TO EXTEND THIS CONTRACT AT THE SAME PRICE,
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.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Vice Mayor Victor Be Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
11
February 9, 1993
_____________..__..,..._..__-..............,...o..-_..,__.....^.......,....r.._-...-...-------_- .....__,. _ --
4. DISCUSS AND WITHDRAW PROPOSED RESOLUTION TO APPROVE GRANT OF EASEMENT t4
BELL SOUTH TELECOMMUNICATIONS, INC. (SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY) -- FOR CONSTRUCTION / INSTALLATION / MAINTAINING AN
UNDERGROUND COMMUNICATIONS TRANSMISSION LINK UNDER / THROUGH CITY
PROPERTY LOCATED ON VIRGINIA KEY (See label 47).
------------------------------------------------------------------------------
Commissioner Plummer: Item 4, Mr. Manager, giving the telephone company the
right to go across our land. How much is the City getting out of it?
Mr. James Kay: We're not getting anything. It's with the...
Commissioner Plummer: Why not? Why not?
Mr. Kay: We have other existing utilities in that area.
Commissioner Plummer: So what?
Mr. Cesar Odio (City Manager): ...charging...
Mr. Kay: Not at that point. The...
Commissioner Plummer: They're using taxpayers' property, they're entitled to
a revenue. Now, why... I move this item be deferred.
Mr. Odio: I'd like to withdraw this item.
Commissioner Plummer: I sure hope so.
Mr. Odio: I want to withdraw it, because I told them that you would say that
and they didn't come and talk to you. So, I'm withdrawing the item.
Mayor Suarez: All right.
Commissioner Plummer: Fine.
Mayor Suarez: Item 4 has been withdrawn, unless there is any problem with any
member of the Commission. If not, let's go to item 5.
12 February 9, 1993
-------------------------------------------------------------------------------
5. AUTHORIZE SECOND AMENDMENT AND SUPPLEMENT TO LOAN AGREEMENT WITH
SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION.
-_----------------------------------------------------------------------------
-5. Commissioner Dawkins. Mayor Suarez: CA
Commissioner Plummer: You know, this scares me when the Manager can second
guess me like this. It scares the hell out of me.
Mr. Cesar Odio (City Manager): I've been around too long.
Mayor Suarez: Just wants to get through the morning.
Commissioner Alonso: Both have been here long enough as to identify the...
Mayor Suarez: Item CA-5.
Commissioner Dawkins: What is item CA-5, Mr. Manager?
Commissioner Plummer: CA-5, Mr. Manager. Oh, I can speak to that better than
he...
Commissioner Dawkins: What is CA-5, Mr. Manager?
Mr. Odio: This is the Sunshine State Governmental Financing. It's they had
secured credit lines... That's the state where we use a credit line with
them. The bank that they were dealing with went under and they have to change
banks. That's all.
Mayor Suarez: Who was the bank that they were dealing with?
Mr. Carlos Garcia: They had Sumitomo Bank, which used to be triple A rated,
As you know, most Japanese banks have been downgraded, so Sumitomo is now
double A rated. What they're doing is using a bank, Union Bank of
Switzerland, which is triple A rated.
Commissioner Plummer: Weil...
Mr. Garcia: The net result is the cost to the City is going to be lower,
because we...
Commissioner Plummer: Carlos, tell them what they want to hear. By virtue of
arbitrage, which is no longer legal...
Mr. Garcia: Yeah.
Commissioner Plummer: ...you have a loan that is making you money, not
costing you money.
Mr. Odio: Right.
13 February 9, 1993
.a
Mr. Garcia: Well, last year we saved a
million dollars by using
this money,
compared to what we would have paid if we
had sold bonds. OK?
Mayor Suarez: All right. Any further questions on the item?
Commissioner Plummer: It's too bad arbitrage was illegal. We could have run
the City on it.
Mayor Suarez: Well, I'll tell you what. If the Commissioner's inquiry in any
way reflect the kind of consternation, puzzlement and doubt of the entire
American people about the banking system in this country and how it is
misregulated, difficult to understand for the rest of us... I want to use
another word that I guess I shouldn't put into the record.
Commissioner Alonso: To -say the least.
Mayor Suarez% ...then I share that. Carlos, I mean, in the first place, I
don't know why we have to... It is a foreign bank, right? Are you...
Mr. Garcia: Mr. Mayor, what we did was we borrowed money from the Sunshine
State Financing Committee.
Commissioner Plummer: From the loan.
Mayor Suarez: No, I'm aware of the Sunshine State pool.
Mr. Garcia: But because those are variable rate bonds, they must have a
letter of credit behind them. So, they had the highest credit, the highest
quality, which was Sumitomo Bank at the time. But because they're downgraded,
now they have to go to another...
Mayor Suarez: Carlos, in the old days, somebody would have money and somebody
would borrow money from the person who had the money.
Mr. Garcia: That's what we're doing.
Mayor Suarez: Now, it's all a matter of standby letters of credit, co-
insurance and, you know, the most complicated financing techniques. And all
of 1t has led to nothing but grief for people, so maybe it's time to start
thinking of going back to the old system, where somebody has money and lends
it to somebody else who borrows it at a particular interest rate.
Mr. Garcia: Well, Mr. Mayor...
Commissioner Plummer: Five.
Mr. Garcia: ...the benefit of this type of systems, last year we saved
$1,000,000. We paid $875,000 in interest. If we had sold the bonds
ourselves, we would have paid more than twice that amount.
Commissioner Plummer: Incredible.
Mr. Garcia: So, I think the benefit to the City and to the residents of Miami
has been great.
14 February 9, 1993
k'. 1
�F
Mayor Suarez: I don't doubt that. I don't doubt that. OK. If we could also
y put it in simple terms, that would really, really be helpful, because then we
could explain it to our voters.
Mr. Garcia: Well$ all we're doing is changing from one bank, that was
downgraded because their quality is lower now, to a better bank.
Mayor Suarez: And what was that bark?
Mr. Garcia: Sumitomo Bank. That was a Japanese bank. The new bank is a
Swiss bank, Union Bank of Switzerland, which is triple A rated, one of the few
banks that is triple A rated. And again, that will provide a benefit to the
City, because we'll be paying a lower interest rate.
Mayor Suarez: OK.
Commissioner Plummer: Well, today, you know, you've also got to put on the
record that it's not a matter of trying. Sometimes you can't even find a
loan.
Mr. Garcia: That's right.
Commissioner Plummer: let's recall very vividly what happened at Miami Arena.
If it not had been for the Japanese wrap -around bank, you would not have Miami
Arena today, because no other bank would touch it. It's unfortunate, but it
was reality.
Mayor Suarez: And you know, the other thing that is counter -intuitive for
people, borrowers...
Commissioner Plummer: Caroilo.
Mayor Suarez: ...are, I thought, the people that get rated. You know, 1n
other words, our bonds are rated, you know, triple A, double A, whatever;
lenders are supposed to have money, you know, all the money, all dollars are
supposed to be fungible, they're supposed to be dollars. So, I mean, what the
ratings mean for a bank, if it fulfills all of the federal requirements of
capital, et cetera...
Mr. Garcia: Well, what the bank does in this case, if God forbid the City had
a problem and couldn't make the payments, the investor would go against the
bank to get paid. So, they are the final credit behind the transaction.
Mayor Suarez: I understand. But all of the people who spend all their time
rating other people are obviously getting a fee from someone somewhere along
the line.
Commissioner Plummer: If nothing more.
Mayor Suarez: The people who underwrite, the people who advise legally, the
people who get the opinions - all of these people are getting paid, so money
Is somehow going from the hands of government to the hands of a bunch of
middlemen for what used to be a very simple transaction. You have money, you
15 February 9, 1993
L.
lend it to me. All rightee.
entertain a motion on CAy6.
Commissioner Plummer! Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
On item CA-5, any further discussion? I'll
Mayor Suarez: Second and it doesn't necessarily imply that we understand
fully the...
Commissioner Alonso: Or that we're excited about voting.
Mayor Suarez: ...banking system or that we like it. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-87
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
EXECUTION OF THE SECOND AMENDMENT AND SUPPLEMENT TO
THE LOAN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND THE SUNSHINE STATE
GOVERNMENTAL FINANCING COMMISSION,
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
16 February 9, 1993
lip
------------------------------------------------------------------------------
5. (A) ACCEPT DONATION OF VACANT REAL PROPERTY LOCATED AT 8055 N.E.
MIAMI COURT (EDISON / LITTLE RIVER COMMUNITY DEVELOPMENT TARGET
AREA) -- TO BE USED FOR DEVELOPMENT OF LOW / MODERATE INCOME
HOUSING.
y (B) DISCUSSION CONCERNING METRO -BADE COUNTY'S RECENTLY -INSTITUTED
MORATORIUM ON NEW SEWAGE CONNECTIONS IN THE CENTRAL WASTE WATER
DISTRICT -- REQUEST ADMINISTRATION TO SUGGEST ALTERNATIVES AND
EXPLORE ALL POSSIBLE SOLUTIONS -- TENTATIVELY SET PUBLIC
HEARING.
------------------------------------------------------------------------------
Mayor Suarez: Item CA-8. Commissioner Plummer had an inquiry.
Commissioner Plummer: Mr. Mayor, my concern about item 8 is how we
inadvertently back into absolute controversy and what I'm asking is that this
_ property that we're proposing to buy and use for low income housing, has there
been a public hearing...
Commissioner, Dawkins: Hold it, hold it. It is not low income housing. It is
tow moderate housing.
Commissioner Plummer: All right, sir.
Commissioner Dawkins: There is a difference.
Commissioner Plummer: Well, there is also, usually, as we know it - and I
don't like it, but we know it - that there are, in fact, objections to people
in neighborhoods.
Commissioner Dawkins: All right. Let them buy it then.
Commissioner Plummer: Well, let us remember that we had scattered sites
throughout the City in which people came in public masse and objected. Al
I'm saying to you is, before we go and accept a piece of property and pay the
taxes, has the neighborhood been tested to see an acceptability? Or are we
going to be accepting another piece of property, paying all the taxes, then
have public hearings where the neighborhood are going to come to this
Commission and say no way, Jose, and we're going to have another spare piece
of property that nobody's going to cut the grass on? I think that it's
possible to do it the other way around, to have a public hearing, let the
people of the neighborhood know what we're planning on doing, and if there is
no objection then let's proceed.
Mr. Cesar Odio (City Manager): Commissioner, this is for home ownership and
the community would want this. Believe me.
Commissioner Plummer: Mr. Manager...
Mr. Odio: Especially in that...
Commissioner Plummer: ...I want it.
17 February 9, 1993
Mr. Odio: OK. But let me explain. In that neighborhood...
Commissioner Plummer: But I'm saying, are we...
—' Mr. Odio: Excuse me.
Commissioner Plummer: ...am I saying...
Mr. Jeff Hepburn (Assistant City Manager): Commissioner Plummer, the protests
In the past, I think, date back seven or eight years ago, was for scattered
�t
site public housing, which is rental.
Commissioner Plummer: That's correct, sir.
Mr. Hepburn: We're talking about home ownership here, new single family
homes.,.
Mayor Suarez: Can you be assured, Jeff, that when the neighbors find out
exactly what is going on here that we're not going to get a bunch of protests?
Mr. Odio: Yeah. The...
Mayor Suarez: Can you assure the Commissioner of that? Because we are
Inclined ourselves to support it.
Commissioner Dawkins: He cannot assure you that nobody out there is going to
complain.
Mayor Suarez: Commissioner Dawkins, I'm asking Mr. Hepburn...
Mr. Hepburn: We built about...
Commissioner Dawkins: I•move that the item be passed and that once the land
is acquired, that before we build anything that there's a public hearing.
Commissioner Plummer: I second that motion.
Mr. Odio: That's...
Commissioner Plummer That's fine.
Mayor Suarez: So moved and seconded. Any discussion?
Commissioner Plummer: Fine.
Mayor Suarez: If not, please call the roll. Do you want to include the...
Commissioner Plummer: I still want to...
Mayor Suarez: ...matter itself in that motion, so we can pass it? Do you
have that implicit in your motion?
Commissioner Plummer: That's part of the motion. All right?
18 February 9, 1993
Mayor Suarez: All right.
Commissioner Dawkins: That's part of the motion.
Commissioner Plummer: Yeah, I have no problem with that.
Mayor Suarez: Approval of CA-8 with that proviso.
Commissioner Plummer: That's fine, sir.
Mayor Suarez: So understood the motion and the second.
not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-88
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE DONATION
OF VACANT REAL PROPERTY LOCATED AT 8055 NORTHEAST
MIAMI COURT, MIAMI, FLORIDA, IN THE EDISON/LITTLE
RIVER COMMUNITY DEVELOPMENT TARGET AREA, MORE
PARTICULARLY AND LEGALLY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO, TO BE USED FOR THE DEVELOPMENT OF LOW
AND MODERATE INCOME HOUSING, SUBJECT TO EXAMINATION
AND APPROVAL OF THE ABSTRACT AND THE OPINION OF TITLE
FOR THE SUBJECT PROPERTY BY THE CITY ATTORNEY;
ALLOCATING MONIES THEREFOR, IN AN AMOUNT NOT TO EXCEED
$4,500, FROM THE 11TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, PROJECT NO. 321026, INDEX CODE 599101,
FOR PAYMENT OF UNPAID REAL ESTATE TAXES DUE, RECORDING
FEES AND THE COST OF TITLE INSURANCE ON THE SUBJECT
PROPERTY.
(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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr. -_
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Yes. Item,2, emergency ordinance.
Commissioner Alonso: Yes, Mr. Mayor. —
19 February 9, 1993 _
q
,tom` it+"
Mayor Suarez: Yes.
Commissioner Alonso: I have a question and it's...
Mayor Suarez: Madan: Commissioner...
Commissioner Alonso: ...on the basis of this item that we just passed. We're
talking about building tow income housing, moderate income housing. How is it
going to affect the moratorium that we have in effect at the present time?
Mr. 0dio: Well...
Commissioner Alonso: It 1s my understanding, that we cannot... we will not
be able to have any new service, so how is it going to affect... We have a
moratorium in effect that, according to what we've been told...
Mr. Odio: You're right.
Commissioner Alonso: ...it's going to take three to four years. So, how...
Mr. Odio: Well, the...
Commissioner Alonso: ...badly is the low income as well as moderate housing
going to be affected by this measure?
Mr. Odio: Commissioner, it will be affected.
Mr. James Kay: It will be affected.
Mr. Odio: No question about it.
Mr. Kay: Right now...
Commissioner Plummer: Is the... Excuse me. Is the moratorium in effect?
Commissioner Alonso: Yes, it is.
Mr. Kay: Yes, sir. It is.
Commissioner Plummer: All right.
Commissioner Alonso: Yes.
Commissioner Plumper: And... Because I've not received anything from the
Administration.
Mr. Odio: Yes...
Commissioner Plummer: Is that a total moratorium?
Commissioner Alonso: For the entire City of Miami, it is.
Commissioner Plummer: But I mean, is that residential, commercial...
20 February 9, 1993
Commissioner Alonso: Yes, sir.
Mr. Kay: It is a moratorium on new construction, especially construction that
is going to increase density in any way. Existing...
Commissioner Plummer: Well, how do you determine that? For example, and the
reason that I'm asking that, I'm on the board of directors at Mercy Hospital
Outpatient Clinic. Yesterday, they're discussing building a new facility.
It's basically like an office structure. And I told them they had better
check with the City, because I didn't know if they could get a permit or not.
Mr. Kay: They had better check.
Commissioner Plummer: Huh?
Mr. Kay: They had better check... _
Commissioner Plummer: OK. But I mean...
Mr. Kay: ...with us first.
Commissioner Plummer: ...how would... You say, "if it increases density."
What determination - density from residential, from office? I mean... Or,
you know, if you put up an outhouse, that's one more density. So, how do you
determine what is under the moratorium and what is not?
Mr. Kay: They are concerned about anything that Is going to increase the
sewage flow going Into the treatment plant.
Cmmmissioner Plummer: Well, I shouldn't have used the outhouse as an example,
but I mean, how... People are asking me, you know, what is the determining
factor, In pure and simple terms? Are we, in this City, absolutely stagnant
for the next three to four years?
Commissioner Alonso: Yes, sir.
Mr. Odio: I... Yeah.
COMMissioner Alonso: And not... Furthermore, I think that as a City, we have
to get together and cane up...
Mr. Odio: Well...
Commissioner Alonso:
Of Miami, consultants,
..flwlth suggestions and, perhaps, the staff of the City
whatever it takes, because
construction for the next
it could
three or four years.
_
mean the end of new
-r
Mr. Odio: Welt...
'—'
Commissioner Alonso: Yesterda , again,
Environmental yI was talking to DERM (Department — Resources Management), as
Authority), and I was
very remote. So,
well as WASH
told, again, the possibilities of
Water and Sewer
anything changing are
_
F,
we'd
can press...
better come up with some ideas,
suggestions, or how we �-
21
February 9, 1993 i
�S.
10
Mr. Odio: Well...
Commissioner Alonso= ...Dade County as to come up with solutions for the City
of Miami, because we are the worst affected city in the entire central area.
We are... The entire City of Miami is affected by this measure.
Mr. Odio: The...
Commissioner Alonso: And it's not three months or four months. We are
talking about years.
Mr. Odio: The only way, right now, that we have is to research a lawsuit and
go after, legally, this situation. The only...
Commissioner Plummer: Can I ask this question, Mr. Manager? Are all of the
other cities in this County affected?
Mr. Kay: All the other cities 1n the central waste water district. That
includes...
Commissioner Alonso: Hialeah - almost 95 percent.
Mr. Kay: ...Hialeah, Coral Gables, South Miami, I believe...
Commissioner Alonso: Opa-locka.
y
Mr. Kay: ...Opa-locka.
—; Mr. Odio: So, we were talking about joining a lawsuit and then fighting it
legally, because the other solution is... the permanent solution is to...
Commissioner Plummer: Well, wait a minute. Wait a minute.
Mr. Odio: ...to do the pipeline...
y' Commissioner Plummer: Mr. Odio, I don't want to fight a windmill in the
desert. All right? There is a problem. There is a potential major problem,
from what I understand and what I read.
� N$
Mr. Odio: But they...
-' Commissioner Plummer: Now, to force a lawsuit to say, hey, it's no longer
— potential, it's going to be reality that that damned line is going to burst -
- and we're all going to suffer from it, is dumb, in my estimation. And I don't
think that that's really the answer. Now, what I'm saying to you is... you
know...
Mayor Suarez: Well, J.L., there's one reason. If I may interrupt you for a
second...
Commissioner Plummer: Sure.
=1 _
22 February 9, 1993 -
Y �
Y
g'r
�i
Mayor Suarez: They have been telling us for many, many years that that sewage
can be diverted...
Mr. Odio: That's right.
Mayor Suarez: ...to the other lines. That is not a matter of...
Commissioner Plummer: If that's...
Mayor Suarez: ...choosing the little old City of Miami, which happens to be
in the middle of the whole thing, and saying, "You're the one who is now at
capacity or..." - Actually, it's at 92 percent, I think. - "...but that could
create a problem spillage and we're going to impose a moratorium on you," when
they've been telling us that there are two other lines, I believe a total of
three...
Commissioner Plummer: There are three.
Mayor Suarez: ...that could be used to divert the stuff so that...
Commissioner Plummer: Well, you see, I guess I've got a feeling of guilt
here. I'm the only one sitting here that in the days that gave to that water
and sewer department $400,000,000 gift.
Commissioner Alonso: That's right.
Commissioner Plummer: OK? We gave it to them, absolutely free of charge.
And now, we're one of the ones who are going to suffer the greatest, where I
can assure you I feel, had we not given them that gift, we would not have been
affected. Other cities around us would have been - Coral Gables and Hialeah
and all of those would have been up the creek, but we would have had our own
plant. Now, I... You know...
Commissioner Alonso: But it was the intent, as it is clearly spelled in the
transcript of the discussions when this was given to them... that 1t was the
intent of the City of Miami to have the sewer service available to the
citizens of Miami, as well as the rate for the water service...
Commissioner Plummer: That's right.
Commissioner Alonso: ...being lower than in other municipalities. In fact,
none has been done properly and I think a disservice is in effect at the
present time. And I think we have to be very forcefully demanding from then
that a solution, an immediate solution, is found for the City of Miami in lieu
of what we have given them in the past.
Commissioner Plummer: Is there an immediate solution?
Commissioner Alonso: Well, I think that there is a system of debit and
credit, as Mr. Avino expressed to us in that meeting. That system of debit
and credit, I think it's going to function for other municipalities, before
they do it for Miami, that's my feeling. We were present when they explained
that in the north they are going to find relief within a year. Very
conveniently they arranged that. They never thought of the central portion
23 February 9, 1993
and Miami. Now, today, they can find and they even did, the State agrees with
the system of debit and credit, we will be able to connect certain sections
and find relief as it goes on. I think that 1t all depends, Commissioner, on
how forceful Miami is in demanding this and I think that last week we should
have taken an action on this case. I think they are taking the position, this
is it, this is reality, and Miami has to suffer. Well, Miami gave
$400.000,000 in properties. Why should we suffer in equal terms, when we gave
an additional help to them? I think we should... That should be taken into
account.
Commissioner Plummer: The reason for my question.
Mayor Suarez: And we're not suffering in equal terms. We're suffering in
worse terms, because we're the ones that are under a moratorium.
Commissioner Alonso: I agree.
Mayor Suarez: Do you want to propose a resolution...
Mr. Odio: Could...
Mayor Suarez: ...that we proceed with a legal action right away. I think we
really have to...
Commissioner Plummer: Well...
Commissioner Alonso: I think we did the last Commission meeting.
Mr. Kay: There's consultants around, yeah.
Mr. Odio: Can I...
Commissioner Plummer: I... Excuse me. I'm all in favor of that, Mr. Mayor,
but you've got to tell me what is hoping to be accomplished, because if you're
telling me to open up the potential danger that could make this community
absolutely devastated, then I'm not going to vote for a lawsuit.
Mayor Suarez: The legal action would seek to put us at least in as good a
position as every other municipality and...
Commissioner Plummer: That I could go for.
Mayor Suarez: Yeah.
Commissioner Plummer: OK.
Mayor Suarez: And at the same time force them to come up with relief that
prevents the moratorium. We cannot have a moratorium imposed on us in the
City of Miami. We rely... On a yearly basis, we've been getting $200,000,000
of new construction. That's two percent of our tax base. If all of a sudden,
we don't have $200,000,000 and we don't have any valuation increases, we
really have a problem.
Commissioner Alonso: Mr. Mayor.
24 February 9, 1993
x it
-. -.
Mayor Suarez: And our union should be here asking for this, because they're
going to be asking for four percent salary increases and compensation.
Commissioner Alonso: And our tax base is going to be...
Mr. Odio: May...
Commissioner Alonso: ...not only the same, but it's going to be lower,
because of the serious situation in the City. The rents are going to be so
high that it's going to be incredible the economic situation in the City of
Miami.
Commissioner Plummer: Yeah. But it's not going to be a glut.
Commissioner Alonso: It's going to be really affected and on top of that...
Commissioner Plummer: Everything will be used.
Mr. Odio: You're...
Commissioner Alonso: ...they're talking about three... I'm certain it's
going to be four or five years. Do you know how long it takes to build this
system? Four or five years, easily.
Vice Mayor De Yurre: Mr. Mayor?
Mayor Suarez: Commissioner...
Vice Mayor De Yurre: If I may, I'm listening to what's being said...
Mayor Suarez: Yield... Commissioner Dawkins yields to Commissioner De Yurre.
Go ahead, sir.
Vice Mayor De Yurre: Yeah. I don't say much anyway. You know, I'm listening
to what's being said here...
Commissioner Plummer: In proportion to his size.
Vice Mayor De Yurre: ...and I agree with everything that is being said.
However, I think we're missing a point that is... that I think is so
blatantly out there in front of us, that I can't see why we're not talking
about it, and that is if the County is the one that is in charge of dealing
with this issue, with this matter of such great import to our County as a
whole, aren't they being way negligent in doing this at this point and time?
I mean, couldn't they have seen this happening and coming along for years,
that all of a sudden they have to say, "There's a danger? Boom! We stop
right here. You've pot to stop construction. You've got to have a
moratorium. You've got to do this and that."
Commissioner Plummer: Victor...
Vice Mayor De Yurre: I mean, like if there... If I have ever seen something
that is negligent, professionally negligent, I don't know if criminally
25 February 9, 1993
AWL
- negligent, but certainly negligent, it's what happened at the County dealing
with this issue. And certainly, and I'll talk to Mr. .cones, if this isn't a
cause for a lawsuit, I don't know what...
Commissioner Plummer: Mr. Jones?
Vice Mayor De Yurre: ...we can claim from the County, but certainly there has
to be some action that can be done legally to get some relief, understanding
what's at hand. Mr. Jones?
Commissioner Plummer: Victor, how can they worry about that? They can't
even...
Commissioner Dawkins: Do you know what? I'm going to have to start blaring
out.,.
Commissioner Plummer: They can't even get their Commissioners...
Mayor Suarez: Wait, wait.
Commissioner Dawkins: ...like everybody else and get the floor.
Mayor Suarez: Commissioner, you... Please. There was an inquiry posed to
the City Attorney. Commissioner Plummer, please, let the City Attorney try to
answer it and then Commissioner Dawkins.
A. Quinn Jones III, Esq. (City Attorney): Commissioner, I don't know whether,
at this point... whether it would arise to... could be characterized as
negligent. Certainly, the contract that the City entered into with the County
indicates that they were supposed to plan and provide for efficient service,
whatever else. That in itself may be a basis for instituting a lawsuit. I'll
have to look further into what alternative legal basis to move against the
County on, but certainly that is one. And certainly I'll explore what you've
indicated, as to whether that amounts to negligence of some sort...
Mayor Suarez: All right.
Mr. Jones: ...as account...
Vice Mayor De Yurre: Yeah. And the bottom line, we need to go...
Mr. Jones: Yeah.
Vice Mayor De Yurre: ...and you know, I'm a believer that...
Mr. Jones: Not yet.
Vice Mayor De Yurre: ...I'd rather do things myself than rely on other
people. And, obviously, the County can't do their job, so I would suggest
that we look seriously into us corning up with a plan...
Mr. Odio: Well...
26 February 9, 1993
Vice Mayor De Yurre: ...that will be acceptable and that we can propose and
push to alleviate this issue, here in the City of Miami.
Mr. Odio: I was talking to Quinn and Wally. I think what I'd like to see...
If we're going to get really serious about this and we have to...
Commissioner Alonso: Oh, we have to.
Mr. Odio: We need to look for a consultant firm that has expertise in the
sewer systems, that we do not have. Right now we are only depending on what
the County's telling us.
Vice Mayor De Yurre: But don't... Doesn't Public Works... Don't we have the
expertise in Public Works?
Mr. Odio: Of that magnitude, to determine where the sewer streams go, and all
that, we don't have that kind of in-house...
Vice Mayor De Yurre: What kind of expertise do we have in the Public Works
Department?
Mr. Kay: Well, I think maybe what the Manager is saying...
Commissioner Plummer: My only question is, who's...
Mr. Kay: ...is they want somebody that has a background in that kind of
engineering, and also that kind of law as to what has been done throughout the
County when... I mean throughout the country when things like this have
occurred in other cities.
Commissioner Dawkins: Mr. Mayor, I have to go to make an important conference
cal 1 .
Mayor Suarez: All right.
Commissioner Dawkins: If item four... If item five should cone up before I
return, please defer it until I cone out of my office.
Mayor Suarez: All right, sir.
Commissioner Dawkins: I'd like to say this and I will leave...
Mayor Suarez: Regular item five?
Commissioner Dawkins: Yeah. Regular item five. ...that J.L. Plummer said I
was here when the County took over the water, at that time I was not buying
water. I've been buying water ever since the County took over the water
system.
Commissioner Plummer: And sewerage.
Commissioner Dawkins: And the sewage system. I am also one to... I've been
saying ever since I've been sitting here, the City continues to give the
County everything it wants. We gave them the seaport. We gave them the
ai rport.
27 February 9, 1993
Commissioner Plummer: Jackson.
Commissioner Dawkins: We gave them water and now you're getting ready to give
them Bicentennial Park. You'd better think about that.
Mayor Suarez: All right, sir. Anything further on this item? Do you want to
form...
Vice Mayor De Yurre: Well, Mr. Mayor, I just need to know, in Public Works,
who is the most knowledgeable individual in dealing with sewers?
Mr. Kay: In the Public Works Department?
Vice Mayor De Yurre: Yeah.
Mayor Suarez: Yeah.
Vice Mayor De Yurre: Where you work.
Commissioner Plummer: Vince Grimm.
Mr. Kay: At the present time, I probably am. I'm not saying that I'm
bragging, but...
Vice Mayor De Yurre: And you don't feel qualified?
Mr. Kay: Well, I feel that we could make a big contribution to trying to
resolve a problem with the City Attorney and I think that...
Vice Mayor De Yurre: Well, the City Attorney deals with the law. You have to
deal with the practicality of the issue - How do you solve the issue
physically, how do we deal with it? Now, do we have the knowledge...
Mr. Kay: Well, I...
Vice Mayor De Yurre: ...in the Public Works Department to coarse up with a
solution or don't we?
Mr. Kay: We... I'll say yes, we do have that knowledge. We can come up
with...
Vice Mayor De Yurre: So, we don't need to go outside. Is that what you're
saying? Hello?
Mr. Kay: Yes. But what I'm saying...
Commissioner Plummer: Call collect.
Mr. Kay: ...is sometimes it is good to have an outside... someone from the
outside to guide you on this, because it's... you end up... you have a
consultant, you have outside expertise who has dealt with this in other cities
throughout the country.
28 February 9, 1993
10
Vice Mayor Be Yurre: OK. Let me ask you this. How long will it take to find
that consultant, Mr. Odio?
Mr. Odio: I have no idea.
Vice Mayor Be Yurre: You have no idea? So, this could drag on longer than,..
The problem may be solved with the County, before we get our act together over
here.
Mr. Odio: We can try to find quickly who deals with this kind of problem.
It's a unique problem.
Vice Mayor Be Yurre: Well, then why don't we do that...
Mr. Odio: OK.
Vice Mayor Be Yurre: ...if that's what we need to do. I mean, we've got to
walk out of here today without just talking about this issue. We've got to
come up with some direction to the Administration...
Mr. Odio: I'll come back...
Vice Mayor De Yurre: ...about what we want to do.
Mr. Odio: I'll come back with a name for you on the... this afternoon.
Vice Mayor Be Yurre: OK. Let's... I would like to see, and I think this is
the direction that the Commission is heading, to come up with some solution
today...
Mr. Kay: Yeah.
Mr. Odio: Or names.
Vice Mayor Be Yurre: ...so that we can move ahead.
Mayor Suarez: Mr. Manager, I hear from the Commission that we don't just want
a name of a consultant, as important as that is. We want a strategy to deal
with this. We first broached it, I think, two weeks ago, maybe a little
longer. I don't hear from the City Attorney that he has any strategy for how
to tackle this from a legal standpoint, even though Commissioner Alonso, I
think, said that we had already given you, pretty much, instructions to try to
find legal recourse. And I don't hear from the City Manager of any specific
strategy. I've sent you memos on this already, Mr. manager, and you probably
remember what the memos contained. They contained very specific proposals of
dealing with two agencies: the Department of Community Affairs, which is
charged with making sure that the cities are able to develop and that we
satisfy the requirements of Growth Management, which are served by the City
being able to construct - not a moratorium; and the South Florida Water
Management Board. Mr. Kay and I were present at the South Florida Water
Management Board when we made a presentation to them and obtained substantial
funds for our retrofitting of our outflows into the river. This is storm
water, not sanitary water - storm water, folks, and we're cleaning it before
it goes into the river. Now we are told that the County which, by the way,
29 February 9, 1993
does not have a retrofit program, has not worked with the South Florida Water
Management Board, is in the position of shutting off our ability to construct,
because they don't have a standby system for the sanitary sewer main, which
first exploded, or first had leakage, at least six months ago, I believe. We
cannot let one more day go by. I mean, if we have to suspend the rest of your
activities, any of the other planning, any of the stuff that Mr. Hepburn does,
you have him right there - OK? - Housing Conservation Agency of the City of
Miami. In fact, that's how the item came up, because Commissioner Alonso made
reference to it in connection with the housing program. Any of the stuff he
does, any of the planning stuff, any of the financing stuff, is... that
involves any building, one brick, could be affected by this. We have private
projects, multi -million dollar private projects. Thank God we begin to hear
of private projects in the City of Miami, typically residential, which, again,
are useful to us because we could have... we could afford to have more
population. We've been undercounted by the census. None of those can go
forward with this particular moratorium. They're concerned that they can't
even begin to do their drawings, because the banks are not going to finance
anything and because they're not going to be able to get their financing in
w line and otherwise, if they have... if there is a moratorium. We cannot have
one more day lapse before the City Attorney's office, the City Manager's
- office, the Planning folks... I don't even see any of the Planning people
here. There's Mr. Rodriguez.
Commissioner Alonso: Mr. Rodriguez.
Mayor Suarez: The Planning people who should be worried about this, instead
of what you cannot do in the City of Miami, which seems to be their primary
concern, in this particular case, what we need to do in the City of Miami to
develop it. And they should be coming up with strategies with the Department
of Community Affairs, South Florida Water Management Board, lawsuits against
the County, if those documents indicate, as stated by Commissioner Alonso,
that when we gave up those properties, those substantial assets, we were
supposed to get preferential treatment. Now we're getting less than fair
treatment. They could be diverting some of the sewage on a credit and debit
basis to other lines. We're not hearing anything from staff. What do we have
to do to let you know that within two weeks, by the next Commission meeting,
we've got to have strategies to deal with this pronto. I don't know what
motion anybody wants to try. I mean...
Commissioner Plummer: Well, I'll tell you how you do it. You have the
Manager start informing those who are going to be laid off, if in fact this is
in reality. And I'll tell you something, those who are proposed to be laid
off will find a way to fight this thing like crazy.
Vice Mayor De Yurre: Well, Mr. Mayor...
Commissioner Plummer: Because I'll tell you, know, let's not kid each other. -
If we're on a total moratorium, we've got a hell of a lot more employees than
we need.
Mayor Suarez: Yeah. We can't... Housing Conservation Agency is...
Commissioner Plummer: So, you'd better start, Mr. Manager... you know, we
read the first time that Hilton... Clinton has done anything right, announced
30 February 9, 1993
this morning 25 percent' layoffs in Washington, in the Pentagon and in the
White House. So, you'd better start thinking about layoffs here, if this
moratorium is not lifted, because we're going to have a lot of employees,
"BOTELLQNS" we don't need.
Vice mayor De Yurre: Well, I think first of all I want to have, by this
afternoon... I think we need to make a decision as to if we do make a
consultant that we make that decision today, because if not, this process is
going to drag on for months before we get our act together.
Mayor Suarez: All right.
Vice Mayor De Yurre: So, I would direct the Administration to come back this
afternoon, right after lunch, with names of experts that they feel would be
deemed appropriate to be hired.
Mayor Suarez: OK. That's not quick relief, but at least it's something. All
right. Anything further?
Commissioner Alonso: Mr. Mayor?
Commissioner Dawkins: Yeah.
Vice Mayor Be Yurre: No, that's number one.
Commissioner Dawkins: Go ahead.
Mayor Suarez: We could put it all into one motion, I think.
Vice Mayor De Yurre: Secondly, I would like to see... you know, we've lost
two weeks already, I would like to see a plan that we can have, not by the
next Commission meeting, but certainly by the end of next week, that we can
start looking at and we can start analyzing 1t, so that we can make an
intelligent decision at the next Commission meeting and finalize what we want
to do and then start moving in that directions.
Mayor Suarez: OK. That's by the 25th.
Vice Mayor De Yurre: By the 25th, but by the end of next week, the plans
should be already in a proposal situation to us...
Mayor Suarez: OK.
Vice Mayor Be Yurre: ...in our offices, so we can start analyzing it.
Commissioner Dawkins: Mr. Mayor, I...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I'd like to know why hire a consultant when you've got
BERM, when you've got the State of Florida...
Vice Mayor De Yurre: Because we're fighting them.
31 February 9, 1993
Commissioner Dawkins: ...you've got the Florida League of Cities. We've got
a whole lot of people, with experts with... And I don't know... And I'm
guessing like Commissioner De Yurre. I don't know, but it appears to me that
there are... Mr. Mayor, that there are enough agencies involved in this that
the agencies could come up with whatever we need, rather than us going and
spending $150,000 with some consultant to tell us what we need.
Vice Mayor De Yurre: No,'I wasn't thinking about that kind of money.
Commissioner Dawkins: Well, that's... I don't know.
Commissioner Alonso: Yeah. I think that I'm never in favor of hiring
consultants when we have the expertise. I think this is the most serious
situation that the City of Miami has faced and I think that in light of that
situation, we should not be fooling around and saying that we have the
expertise, if we don't have it. It is my belief that we don't have the
expertise because this is a very serious, serious problem. I doubt that we
have the expertise within the department, even though we have highly qualified
professionals. I think this is a very complex issue, one that really demands
the best. Also, I think that we have to address this issue on the basis of
people of DERM were the ones who shut us. I think that the City Manager
should ask immediately for an appointment with the governor to see if we can
ask directly, the City of Miami from the State, direct communication asking
for a relief for the City of Miami. I think it has to be done. And I think
it... Also, I suggest that the City Manager tali for an emergency meeting
with DERM, Mr. Avino, and all of the... WASA, and all the people involved,
and also with the State. I think that if we don't move directly with the
Governor, I think we are going to be in a very serious situation. They are
going to be asking for credit and debit relief for certain areas and I don't
think that the County is going to ask for a priority for the City of Miami.
They are going to be asking for certain areas. We heard that the north area
is going to have some relief, not the central portion, not the City of Miami.
We were present when it was very clearly stated by them, and also the
suggestion made by Mr. Avino and Tony Clemente, that we try to find some
solutions. Not only did they mention this to us, but to other municipalities
as well. So, we really have to move forward in a very aggressive fashion.
I've been saying that and I think that time has run out on us, so we really
have to move forward immediately.
Mayor Suarez: As you explore, Mr. City Attorney, in conjunction with this
motion, the possible legal resource, I think we ought to at least, as a
possible approach, consider undoing the deal by which we gave them the
$400,000,000 in assets. I don't remember it being $400,000,000, but...
Commissioner Alonso: Yes. It's very clearly stated on the agreement.
Commissioner Plummer: Well, I was here.
Mayor Suarez: And substantial assets and to what extent holding out the
possibility that we might want out. Is this such a breach of that agreement
that we're in a position of saying, "We want our assets back. You have
breached them"? And with those assets, then we're in a position of saying...
Commissioner Plumer: Well...
32 February 9, 1993
. " t r
Mayor Suarez: ...how the sewage is going to flow and to where, and how soon
you have to start building substitute culverts or pipes or whatever. And I
think that's a good weapon to keep in mind.
Commissioner Plummer: How about if we also demand a reduction in the taxation
paid to Dade County by the citizens of this City who are not able to do what
they're supposed to be able to do?
Commissioner Alonso: That's a good one.
Mayor Suarez: I'm just afraid, 1f you get into the issue of taxation that...
Commissioner Plummer: illy, you start talking taxes, they're going to listen.
Commissioner Alonso: Yes.
Mayor Suarez: ...our good friends at the media are going to end up confusing
the whole issue. The whole issue is really, right now, more pressing that we
can't... that we have a moratorium, than the financial aspects, but it
certainly 1s important. Is that a motion that can be framed as stated, with
all of these concerns, so that we can keep on moving on the other items? I
think that the fact, Mr. Manager, that is the highest priority of this
Commission is not clear, to the exclusion of everything else, to the exclusion
of any other items that you may have, any other concerns. And in fact, if you
need our cooperation by special session, sir, to bring any of the people in
question here... if you need... Let me clarify this. If you need subpoena
powers to call together the head of WASA, the head of... the administrative
head of the County, whoever, we'll do that. We'll convene ourselves in an
investigative body and we will hold hearings and find out who is responsible,
who made the decision now and why, and not six months ago when the first
problems of leakage were found. I think it was six months ago.
Commissioner Plummer: And why not informed us?
Mayor Suarez: Why they didn't inform us; why they didn't begin, at that
particular point, to build a substitute conduit out to Virginia Key; why we're
being treated as stepchildren in this process, vis-a-vis the rest of the
County; why none of the stuff is being considered for diversion to the other
mains - I don't understand any of those questions. And if we have to have a
special session, we'll bring them here, we'll alert the media to it, and we'll
bring all the developers and all the other interested parties, and the
environmentalists, and the consultants. Maybe we'll get their advice for free
and we'll hold hearings on the issue.
Vice Mayor Be Yurre: Well, Mr. Mayor, why don't we set... instead of
thinking whether we need to do it, why... I think that would be important, to
get everybody here, and to put this out in the public, and to know exactly
where we're at. Because I believe that... And I think that we're all... we
all understand the gravity of the matter, and because we do every... I think
each one of us is trying to do something on our own. You know, I'm trying to
do something with some people I know and I'm no expert in this field. If
Public Works doesn't have an expertise, forget about me being an expert in
this field. So, they tell me that I can connect to the north main and divert
33 February 9, 1993
L1.
•
over there and do this or do that, I have no knowledge about that. However, I
do feel that we have to put the pressure on and I would make a motion right
now that next Thursday, or we pick a day that we can, that we get all the
parties that have a say in this matter... get them down here, so we can
discuss this issue to see what the alternatives are and to proceed with this
matter.
Mayor Suarez: If that's the consensus of the Commission, I'll be pleased to
do that and I hope that the Manager has his strategy ready...
Mr. Odio: No.
Mayor Suarez: ...and the questions ready for the people in question. And
also, that we request their presence here, all the relevant parties, and
again, Mr. Manager, 1f you have the slightest doubt that any of them will not
come voluntarily, let us know so we can impose our investigative powers...
Mr. Odio: Well...
Mayor Suarez: ...under the Charter and subpoena any of those folks here.
Mr. Odio: But I think...
Commissioner Plummer: Mr. Mayor, if I... Excuse me. For me to vote
favorably, which I want to do on that motion and I think it's a very good
motion, but prior to that meeting, I've got to know, are there alternatives?
Mr. Odio: That's why...
Mayor Suarez: I think he...
Commissioner Plummer: Now, you know, to fight a windmill...
Nice Mayor De Yurre: That's what we're going to find out at the meeting.
Mayor Suarez: I think the Commissioner thinks that a lot of that can be
accomplished in a special hearing.
Commissioner Plummer: But, we've got... Mr. Mayor, what I'm saying to you,
sir, is that before we meet on next Thursday, we've got to know these facts.
Mayor Suarez: As much as can be gathered by the Administration before a
hearing, yes, it should be submitted to you and brief us as much as possible.
Commissioner Plummer: OK. You know...
Mayor Suarez: Because each of us, as indicated by Commissioner Be Yurre, has
been pursuing some relief here, but we've got to do 1t in a concerted way and
we've got to do it in a forceful way.
Commissioner Plummer: They've known about it six months.
Commissioner Alonso: Well...
34 February 9, 1993
1
They've known about it for six months is what I
Commissioner Alonso: Commissioner, they have known...
Mayor Suarez: I think six months.
Vice Mayor De Yurre: They've known 1t for longer.
Commissioner Alonso: They have known for the last ten years that this problem
was coming. It's not a new problem. it's one... We were even told in the
meeting, when we say how come the City of Miami had no information whatsoever
that the situation was this serious and that we were going to be imposed a
moratorium. We were told, "You knew." We said, well, we knew as you knew ten
years ago that there was a problem. We had no idea that the problem was so
severe that it was going to go to this moratorium. The fact of the matter is
they indeed knew how serious 1t was. There is a grand jury, and as a result
of that, the State made the determination that they had to find a solution.
That's how serious the situation is.
Commissioner Plummer: No.
Commissioner Alonso: But there are solutions, and maybe, in... some of our
staff people, professional people, can say they spoke about some relief. I
suggest that the City Manager perhaps work with some of the people who have
been involved and come back in the afternoon and tell us, and it will be sort
of an answer to what Commissioner Plummer is saying.
Commissioner Plummer: Well, let me give you one step further, so you know ten
years ago that I very vividly recall, we were told that if we did not give the
sewer... Water and Sewer Department, that in fact, we would have an almost
immediate moratorium. But if, in fact, we gave 1t to them, the federal
government would give money based on a regional facility and that was the
reason we gave it, to stop any kind of a moratorium, because we were told the
feds would not give any money, that... I remember so vividly the one line
that goes out from Virginia Key, goes out, at that time, 1,800 feet, the feds
said it had to go, at minimum, one mile. And we didn't have the money to do
it. And so they said, hey, you want federal money? You give it to a unified
system in the County and the feds would give the money and then you won't get
a moratorium.
Mayor Suarez: Yeah. They pushed us in the direction of the Countywide
system.
Commissioner Plummer: But Mr. Mayor, the reason we gave that system to the
County was to stop a moratorium, which we were told was going to happen if we
didn't do it. We did it and now we're still suffering from it, is wrong.
Mayor Suarez: Very good. Well, in line with motion then, I think that it
makes sense to have the hearing. I think it makes sense to have all the
briefing that you indicated, and the strategies presented as early as possible
to us, but certainty, by no later than... in final form, by the meeting which
would take place on Thursday of next week. We're talking at what time?
35 February 9, 1993
Mayor Suarez: Two o'clock, 2:00 P.M. I specifically want Mr. Manager, Mr. _
Lee, Linda Loomis Shelley, the Department of Community Affairs secretary, to
be here. Let me know if she's available in a nice, voluntary, nice, normal
way. And the WASA director, I think the last time I checked it was Jorge
Rodriguez. .
Commissioner Alonso: It's Mr. Sloan, but he's acting...
Mayor Suarez: A County...
Commissioner Plummer: What about Garrett Sloan?
Mr. Odio: Garrett Sloan.
Mayor Suarez: OK.
Mr. Kay: It's Mr. Sloan. He's recovering from bypass surgery.
Mayor Suarez: All right. And...
Commissioner Alonso: Yeah. But they have an acting...
Mr. Kay: They have Jorge Rodriguez as the deputy.
Commissioner Alonso: Jorge Rodriguez is acting director at the present time.
Mayor Suarez: OK. And Jorge Rodriguez. And from the County, I'd like to see
the County Manager make a cameo appearance here.
Commissioner Alonso: Tony Clemente.
Mayor Suarez: See if he can find his way to Miami City Hall, which should be
very interesting to have him here, to ask him questions. And if he has any
problems with that, I'd really like to be apprised of it, because we'd like to
have him here.
Commissioner Alonso: Mr. Clemente, Tony Clemente.
Mayor Suarez: Mr. Clemente, and who is the current head of the County DERM?
Mr. Kay: John Renfrow.
Mr. Odio: Mr. Renfrow.
Mayor Suarez: Mr. Renfrow. We ought to have our experts. Hopefully, by this
afternoon you'll have a recommendation. We don't give them a lot of time, but
we'll give them a full week 1f we can approve...
Commissioner Plummer: They didn't give us a lot of time.
Mayor Suarez: Right. No, I mean our experts.
36 February 9, 1993
: r
Mr. Odio: See, we've been looking at... The County has to go through a
permitting process to get the three plans approved, so ; want somebody that
has the expertise to... credibility, I guess, is the word, that says when you
issued the permit, you had so much...
Mayor Suarez: But remember that we're not necessarily ready to accept the
idea of a moratorium, until something is built.
Mr. Odio: What's that?
Mayor Suarez: We're not ready, necessarily, to accept a moratorium on our
construction in the City of Miami, until a plant is built. I'm not ready to
accept that. That's not the remedy that I'm ready to accept.
Mr. Odio: No, no. That's not what I'm saying.
Commissioner Alonso: But it is in effect at the present time.
Mr. Odio: What I'm saying is...
Mayor Suarez: Right. But it is in effect, so...
Mr. Odio: What I'm...
Mayor Suarez: Remember, Mr. Manager, that one of the things you want to
explore is why a moratorium on us?
Mr. Odio: But I...
Mayor Suarez: If there are three plants...
Mr. Odio: That's what I started to say...
Mayor Suarez: ...with three mains... All right.
Mr. Odio: What I started to say, when they went out to get permits to set up
the three plants, they had to show a capacity. In fact, they bragged about
their capacity, that they could always divert. I need somebody with
credibility that can say, this is the permit, this is what you said, we want
you to do it now.
Commissioner Plummer: Yeah. But you know, also, there's another factor that
hasn't been discussed here today. Other than the alternative of going under
the water, as they are presently, the other alternative is going the
Rickenbacker Causeway. Guess who owns that property?
Mr. Odio: They discarded that one.
Commissioner Plummer: Already?
Mr. Odio: Yeah. They're going...
Commissioner Plummer: That's out.
37 February 3, 1993
Mr. Odio: No, the plan that I saw is 300 feet under water.
�s
-� Commissioner Alonso: Yes.
Mr. Odio: Three hundred feet under...
�i
Commissioner Plummer: Three hundred feet?
Mr. Odio: They have a new system...
Commissioner Plummer: No!
Mr. Odio: Yes.
Mr. Kay: Yes.
Commissioner Plummer: Under?
Mr. Odio: Under the bay.
Mr. Wally Lee (Assistant City Manager): I've got the drawings upstairs.
Mr. Kay: Yeah.
Mr. Odio: We have drawings on that. They have the money in place and they
were ready to... But it's going to take two years. That's the cheapest way,
by the way.
Commissioner Alonso: No, I checked yesterday. They said... —
Commissioner Plummer: Why in the hell would they want to go 300 feet down?
Mr. Odio: Because that's the cheapest way. They have done a study and that
is a submarine drill. They just put it underneath and it starts going. It's -
not a pipe.
Commissioner Alonso: DERM believes it's going to take four years, that
construction.
Mr. Odio: Well, that...
Commissioner Plummer: Three hundred feet.
Vice Mayor De Yurre: OK.
Mr. Kay: But in order to do that, they are going to have to come to this
Commission for...
Mr. Odio: They still have to come here to get permission to do it.
38 February 9, 1993
Mr. lay: ...permission for that.
Mayor Suarez: All right. As to all those items then we've got in the form of
a motion, with general understanding...
Vice Mayor De Yurre: Including...
Commissioner Alonso: Yeah. May I ask a question, Mr. Mayor?
Commissioner Dawkins: What's the motion?
Vice Mayor De Yurre: Where have you been?
Commissioner Alonso: They have to come here.
Mr. Odio: Yes.
Vice Mayor De Yurre: Where have you been?
Commissioner Alonso: How come they said at the meeting that we attended
that... Do you recall that they said that everything was in place...
Mr. Odio: No.
Commissioner Alonso: ...to start...
Mr. Odio: They have...
Commissioner Alonso: Do you recall? And that the bid process was completed
and everything. Do you recall that?
Mr. Kay: Yes, their engineering studies and reports have all been done. I'm
saying they have to cane here, because they wart to utilize some City property
over there when they build this tunnel.
Commissioner Alonso: But have they put out the...
Mr. Odio: No.
Commissioner Alonso: ...the RFP (Request for Proposals)?
Mr. Odio: Not in my knowledge.
Commissioner Alonso: No?
Mr. Kay: That's all been done.
Mr. Odio: The plans are done.
The plans... done.
Commissioner Alonso: It has been completed.
Mr. Odio: No, the plans are done. The engineering drawings, the whole thing,
they know what they want.
39 February 9, 1993
Mr. Kay: No, I don't think so.
Mr. Odi o: No.
Commissioner Alonso: They have not?
Mr. Odic: No.
Commissioner Alonso: They have to come here first.
Mr. Odic: Yes.
Mayor Suarez: All right.
Vice Mayor De Yurre: And, Mr. Mayor...
Commissioner Alonso: So, it's going to take a long time, even to complete
their process.
Mayor Suarez: All right.
Vice Mayor De Yurre: As part of this motion, also Instructing the City
Attorney's office to be ready with all possible solutions, including
injunctive relief and everything else that he can come up with, to be dealt
with at the meeting.
Mayor Suarez: Very good. And Madam City Clerk, would you please make
available to all of us a copy of the transcript of these proceedings? I'd
like the relevant authorities to have it well in advance of their visit here.
Ms. Matty Hirai (City Clerk): We've already started on it, Mr. Mayor.
Mayor Suarez: Thank you. You are...
Commissioner Alonso: Second.
Vice Mayor De Yurre: And also instructing the City Manager that, as he makes
these phone calls, if there is any objection to coming here, that he has the
authority to subpoena the folks here for that meeting.
Mayor Suarez: What would we have to do in this motion to clarify... Would
you like to check that out and later in the afternoon give us a resolution? I
really think we ought to put some teeth into this thing by having subpoena
powers and by convening as an investigative board.
Commissioner Plummer: Just invoke Section 14, that's all.
Commissioner Alonso: Yeah.
Mayor Suarez: So, I think we have to follow a procedure of resolving to act
as an investigative board with subpoena powers.
40 February 9, 1993
_-m
Commissioner Plummer: Section 14.
Mayor Suarez: All right. So with all of those understandings, do we have a
motion?
Vice Mayor De Yurre: Moved.
Mayor Suarez: And a second?
Commissioner Alonso: Second.
Mayor Suarez: Call the rots.
The following motion was introduced by Vice Mayor De Yurre, who moved
Its adoption:
MOTION NO. 93-89
A MOTION RELATING TO THE PRESENTLY INSTITUTED
MORATORIUM BY METROPOLITAN DADE COUNTY ON NEW
CONSTRUCTION IN THE CENTRAL WASTE WATER DISTRICT OF
DADE COUNTY FORBIDDING ANY NEW LINKAGES TO THE WATER
AND SEWER SYSTEM, WHICH DECISION SERIOUSLY .AND
NEGATIVELY IMPACTS THE CITY OF MIAMI; FURTHER
INSTRUCTING THE ADMINISTRATION TO COME BACK DURING THE
AFTERNOON SESSION AND TO PROVIDE THE NAMES OF
CONSULTANTS WHO ARE EXPERTS IN THE AREA OF SEWER
SYSTEMS; FURTHER INSTRUCTING THE CITY MANAGER TO
PREPARE AND DISTRIBUTE TO THE MEMBERS OF THE CITY
COMMISSION A PROPOSED DETAILED STRATEGY AS SOON AS
POSSIBLE TO BE DISCUSSED AT A SPECIAL MEETING TO BE
HELD ON FEBRUARY 18, 1993 AT 2:00 P.M.; FURTHER
INSTRUCTING THE CITY ADMINISTRATION TO SCHEDULE A
PUBLIC HEARING ON FEBRUARY 18TH FOR PURPOSES OF
INVITING ALL KEY INDIVIDUALS IN CONNECTION WITH THIS
ISSUE TO TAKE TESTIMONY; FURTHER INSTRUCTING THE CITY
ATTORNEY TO INVESTIGATE AND COME BACK WITH A
RECOMENDATION CONCERNING WHATEVER LEGAL RELIEF MAY BE
AVAILABLE TO THE CITY, INCLUDING INJUNCTIVE RELIEF
AGAINST THE COUNTY, AND INCLUDING THE POSSIBILITY OF
RESCINDING THE CITY'S PRIOR CONVEYANCE TO THE COUNTY
OF ITS WATER AND SEWER SYSTEM (WHICH, AT THE TIME, WAS
ESTIMATED TO BE WORTH IN EXCESS OF $400,000,000) IN
ORDER TO SET UP THE MIAMI DADE WATER AND SEWER
AUTHORITY.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
41
February 9, 1993
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
7. EMERGENCY ORDINANCE: AMEND 10021, WHICH ESTABLISHED INITIAL RESOURCES
AND APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND -- PROVIDE FOR AN
INCREASE ($442,500) DUE TO SUCCESSFUL FORFEITURE ACTIONS.
--------------------------------------------------------------------------- ----
Mayor Suarez: Item 2, emergency ordinance.
Commissioner Plummer: Mr. Mayor, I would move to defer this item. One of the
reasons, if you look at the monies, the thing is not appropriate... It says
Initial appropriations, we never appropriated money for these boats, never
did. As a matter of fact, we deferred it for the marine patrol. All of these
things here that are on this program, 1 think we ought to accept the money and
I think then we ought to defer any allocation of this money, as I...
Mr. Cesar Odio (City Manager): The allocations have to be done individually
and separate, so you're not allocating to those programs.
Commissioner Plummer: But it says here... No, excuse me, sir. It says,
"which establish initial resources and initial appropriations."
Lt. Joseph Longueira: Right, to appropriate the money and put it in the
account...
Mr. Odio: Aside, but you don't...
Lt. Longueira: ...and every time you've got to spend it...
Mr. Odio: They have to come to you.
Lt. Longueira: ...there is a vote on these items. You've already approved
two specifically...
Commissioner Alonso: Do the Right Thing we approved, didn't we.
Lt. Longueira: Right, and the parade...
Commissioner Plummer: That's correct.
Lt. Longueira: And the parade float you approved. And today on the agenda,
the Samaritan Salt Factory and the Efficacy Institute are on the agenda for
today.
42 February 9, 1993
Mr. Odio: And I have a pocket item on the.,.
Commissioner Plummer: May I read to you... who is Ileana Aguirre?
Mr. Odio: Aguirre*
Commissioner Plummer% Aguirre.
Lt. Longueira: She works in a forfeiture unit, sir.
Commissioner Plummer: OK. May I then read to you, please, her memo to Sgt.
Thomas Rolle. "As of the 15th of December..." That's almost two months ago.
"...please prepare the appropriate legislation for an emergency appropriations
ordinance."
Lt. Longueira: Right.
Commissioner Plummer: OK? So, we haven't... The marine patrol vessels, I've
made may point before...
Mr. Odio: You're not...
Commissioner Plummer: ...I'm totally opposed to.
Mr. Odio: You're not appropriating the monies now to give to them. You're
setting aside these monies.
Commissioner Plummer: That's all we're doing.
Mr. Odio: It would have to come back to you...
Commissioner Plummer: None of these monies are to be spent.
Mr. Odio: No, well, you have already approved...
Lt. Longueira: Right. Except the two that have been approved, then two more
today.
Commissioner Plummer: Which are the two?
Mr. Odio: The Right Thing...
Commissioner Plummer: Right.
Lt. Longueira: Do the Right Thing has been approved and the...
Commissioner Plummer: All right.
Mr. Odio: And the float.
Lt. Longueira: ...parade float was approved.
Mr. Odio: And I'm going to bring up the fireanns, then the tour is NOBLE.
43 February 9, 1993
Lt. Longueira: And number four and number six.
Commissioner Plummer: As a separate item?
Mr. Odio: As a separate item today. Yeah.
Lt. Longueira: Number four and number six are on the agenda today, sir.
Mr. Odio: And I'm going to bring up the other one as a pocket item.
Lt. Longueira: If you pass those four - numbers four, six, three and seven -
it's two hundred ten thousand five hundred...
Commissioner Plummer: OK. OK.
Lt. Longueira: But they... Each of those have to come back to you, sir.
Commissioner Plummer: We don't have a quorum, so...
Mayor Suarez: OK. Read the ordinance, please. Do we have a motion, Madam
City Clerk?
Ms. Matty Hirai (City Clerk): No, Mr. Mayor, not yet.
Mayor Suarez: I'll entertain a motion.
Commissioner Alonso: So moved.
Mayor Suarez: Moved, Commissoner Alonso. I'll second. Call the roil.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 92575
ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN
THE AMOUNT OF $442,500 AS A RESULT OF ADDITIONAL
MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Alonso and seconded by Mayor Suarez, 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:
44 February 9, 1993
Y
AYES: Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor Be Yurre —
Mayor Xavier L. Suarez
NOES: None
ASSENT: Commissioner Miller J. Dawkins
Whereupon the Commission on motion of Commissioner Alonso and seconded
by Mayor Suarez, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ASSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11037.
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.
Commissioner Plummer: May I... Just for justification, why is this an
emergency matter? I see no reason whatsoever for this to be an emergency
matter.
Lt. Longueira: Sir, the Do the Right Thing program, in particular, is down to
nothing. If we don't get the funding to approve this, we're going to be in
dire straits in that program.
Commissioner Plummer: We passed Do the Right Thing back in December, why
wasn't something done at that time, rather than coming here....
Mayor Suarez: Because we're trying not to do an ordinance...
Commissioner Plummer: ...as my good friend, Miller Dawkins, says, you come at
the last minute and if we don't have the right to say no, it's our fault.
Mayor Suarez: We're trying not to do an ordinance each time for each item.
Commissioner Alonso: It was deferred.
Lt. Longueira: You passed them at the last meeting, sir.
Commissioner Alonso: It was deferred. It was approved in the last meeting.
Mayor Suarez: Right.
Lt. Longueira: Right. The last meeting it was approved.
45 February 9, 1993
0
Commissioner Plummer: OK.
Mayor Suarez: All right.
Commissioner Plummer: Shake the parks.
8. FIRST READING ORDINANCE: AMEND CODE -- DELEGATE TO CITY MANAGER
AUTHORITY ON SPECIAL OCCASIONS AND EVENTS TO: (a) PERMIT DISPENSING OF
BEER / WINE IN SOFT CONTAINERS IN CITY PARKS, ON PUBLIC STREETS AND
SIDEWALKS; AND (b) APPROVE CLOSURE OF DESIGNATED STREETS FOR SAID
EVENTS.
Mayor Suarez: Item 3, first reading ordinance.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Any discussion? If not, please read the ordinance. Yes,
Frank.
Mr. Frank Castaneda: Commissioner, let me clarify that what you're approving
is street closures and beer and wine sales. If you, in addition, want to give
the Manager the authority to sell liquor on the streets, there are six events
that do that and...
Commissioner Plummer: Beer and wine 1s fine.
Mr. Castaneda: OK.
Mayor Suarez: Call the roll.
Commissioner Plummer: Let me... Does this contain, Mr. City Attorney, that
first and foremost they must procure, from the State... first and foremost
from the State, before they bother the Manager?
A. Quinn Jones III, Esq. (City Attorney): Oh, let me see. I'm not sure.
Commissioner Plummer: Because I don't want them come and bothering the
Manager and then not go get the State license. We had that happen a couple of
times.
Mr. Castaneda: Well, they're going to need the State license regardless,
Commissioner. If not, they can't do it.
Mr. Jones: Yeah.
M
February 9, 1993
Commissioner Plummer: I'm saying get it before. OK? Do it on the second
reading, make sure it's there for me.
Mr. Jones: OK. All right.
Mayor Suarez; We have a motion and a second, do we Madam City Clerk? Read
the ordinance, please. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY DELEGATING TO THE CITY MANAGER
OR HIS/HER DESIGNEE, THE AUTHORITY ON SPECIAL.
OCCASIONS AND FOR SPECIAL EVENTS OR PROGRAMS TO: (1)
PERMIT THE DISPENSING OF BEER AND/OR WINE IN SOFT
CONTAINERS IN CITY PARKS AND ON PUBLIC STREETS AND
SIDEWALKS, AND (2) APPROVE THE CLOSURE OF STREETS AND
SIDEWALKS FOR SAID OCCASIONS, EVENTS OR PROGRAMS,
SUBJECT TO FAVORABLE RECOMMENDATION BY THE DEPARTMENTS
OF POLICE, FIRE, RESCUE AND INSPECTION SERVICES AND,
IF APPLICABLE, PUBLIC WORKS, FOR THE ISSUANCE OF ALL
REQUIRED PERMITS; MORE PARTICULARLY BY AMENDING
SECTIONS 38-49.1, 54-12.1 AND 54-3 OF SAID CODE;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by' Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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.
47 February 9, 1993
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0
9. AMEND CODE SECTION 38-73 CONCERNING BAYFRONT PARK MANAGEMENT TRUST --
PROVIDE THAT A CITY COMMISSIONER APPOINTED BY THE CITY COMMISSION SHALL
SERVE EX OFFICIO AS A VOTING MEMBER / CHAIRPERSON OF THE TRUST -- TERMS
TO BE REVIEWED ANNUALLY.
Mayor Suarez: item 4, first reading.
Commissioner Plummer: Explain to me if that...
Commissioner Alonso: Well, I think Commissioner Plummer is more involved in
this item than...
Commissioner Plummer: Yeah. This is something, whether I'm there or not, and
I've asked that it be not... be made effective in June, not now, so that the
present person there can serve out the term. I have said before and I'll say
again, I think it's foolish to have a Commissioner there who does not have the
right to vote, and especially who is not the chairman. So, I think it's
foolish and it's not for me, because maybe with a little luck, in June I'll be
off of there, but somebody else will be there and I think I'm really doing it
for somebody else.
Commissioner Alonso: Yes.
Mayor Suarez: There's nothing implicit here that means that you're going to
resign or anything.
Commissioner Plummer: I'm going to tr•y to once again. I've not been
successful in the past 1n resigning, as much as I've tried.
Mayor Suarez: Chairman for life. All right.
Commissioner Alonso: That's what I thought we did. Let me ask you a
question. There were some concerns among the members and I think that even
there was some correspondence to this effect, that they had objections.
Commissioner Plummer: Yes.
Commissioner Alonso: Has this been resolved?
Commissioner Plummer: I don't think that they have. They don't like the idea
of any politics being involved. I think if they had their choice, they
wouldn't even have a Commissioner there, or have no strings back to this
Commission. And I understand that. OK? But I think that you see this board
that is made up of two segments this board - one is very artistic members of
this board and the others are practical. If we didn't have a balance, we'd
really have a problem. I think that there is no way you're going to satisfy
everybody.
Mayor Suarez: I wonder why they're not here or haven't sent us the usual
barrage of letters, as we got last time, or phone calls.
48 February 9, 1993
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Commissioner Plummer: I can't answer that, sir. I don't knows
Mayor Suarez: All right.
Commissioner Alonso: That's why I thought it was resolved...
Mayor Suarez: I never could understand why they were opposed,
= me like it would be just the best thing for them, but anyhow...
I thought...
It sued to
Commissioner Alonso: Exactly.
Mayor Suarez: All right. We have a motion and a second, do we Madam City
Clerk?
Ms. Matty Hirai (City Clerk): No, Mr. Mayor, not yet.
Mayor Suarez: OK. I'll entertain a...
Commissioner Plummer: I'll move it.
Mayor Suarez: Moved.
Commissioner Plummer: I think it's...
Mayor Suarez: Second, Commissioner Alonso. Read the ordinance, please. Call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 38--73 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING THE
BAYFRONT PARK MANAGEMENT TRUST, BY PROVIDING THAT A
CITY COMMISSIONER, APPOINTED BY THE CITY COMMISSION,
SHALL SERVE, EX OFFICIO AS A VOTING MEMBER AND
CHAIRPERSON OF THE BAYFRONT PARK MANAGEMENT TRUST, FOR
A TERM OF OFFICE AS PROVIDED BY RESOLUTION, WITH SAID
TERM TO BE REVIEWED BY THE CITY COMMISSION OR OR ABOUT
JUNE 1ST OF EACH CALENDAR YEAR, RESULTING IN THE
SELECTION OF A NEW CHAIRPERSON OR THE REAPPOINTMENT OF
THE EXISTING CHAIRPERSON; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
49 February 9, 1993
1-
AYES: Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor Be Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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:
Commissioner Plummer: Mr. Mayor, this is to be effective this coming June...
Mayor Suarez: All right.
Commissioner Plummer: ...not until then.
Mayor Suarez: Very good. On item 5, appointing... authorizing the issuance
of a written...
Ms. Hirai: Mr. Mayor, excuse me.
Mayor Suarez: Yes, I'm sorry.
Ms. Hirai: Excuse me. We need to call the roll.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: OK. What is the...
Commissioner Alonso: Appointments to the...
Mayor Suarez: Right. Item 5, an issuance of an RFP (Request for Proposals).
Commissioner Alonso: ...selection committee for banking services.
Mr. Cesar Odio (City Manager): Commissioner Dawkins has to wait...
Mayor Suarez: I'm sorry. OK. That's the one that Commissioner Dawkins...
Commissioner Plummer: Yeah. He asked...
Mayor Suarez: ...asked to be considered when he's back.
Commissioner Plummer: Do I have an appointment for five?
Mayor Suarez: Thank you.
Commissioner Alonso: What?
50 February 9, 1993
Mayor Suarez: ...asked to wait until he got back.
Commissioner Alonso: Five, he has concerns.
----------------------------------------------------------
NOTE FAR THE RECORD: At this point, agenda item 5
(banking services) was temporarily tabled.
----------------------------------------------------------
------------------------------------------------------------------------------
10. (A) DISCUSS AND MOMENTARILY TABLE PROPOSED RESOLUTION SEEKING
AUTHORIZATION TO ENTER INTO AN INTERLOCAL AGREEMENT WITH METRO-
DADE COUNTY FOR INCLUSION IN THE COUNTY CURBSIDE RECYCLING
PROGRAM TO PROVIDE SERVICES TO THE CITY (See label 39).
(B) CIT"Y MANAGER QUESTIONED ON HAVING INTERRUPTED THE CITY'S
RECYCLING PROGRAM AFTER HURRICANE ANDREW.
-------------------------------------------------------------------------------
Mayor Suarez: OK. If no other Commissioner needs to ask any questions on
five now, we can move on to six. Item 6, authorizing the City Manager to
enter into an inter -local agreement with Metro -Dade for...
Commissioner Plummer: Mr. Mayor?
Mayor Suarez: Yes, sir.
Commissioner Plummer: If I may, I would like to make a provision that this be
on an annual basis.
Mayor Suarez: Which one?
Commissioner Plummer: Item six.
Mayor Suarez: All right.
Commissioner Plummer: The recycling...
Commissioner Dawkins: OK. Go to five, I'm here.
Mayor Suarez: Wait, wait, Commissioner. We're in the middle of six now. All
right. I'm sorry. -
Commissioner Plummer: I would like to see this on an annual basis. I
understand the fee has gone up from $157 to $160 and I think that what we're
trying to do is we're trying to Come about, as we have seen, to our own plant,
our own facility...
Commissioner Dawkins: No, five is what I wanted. I didn't want six.
Mayor Suarez: Commissioner, we're in...
Commissioner Dawkins: Six is what I want. That's right.
51 February 9, 1993
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Commissioner Dawkins: OK. That's what... You're on the right one.
Mayor Suarez: All right, sir. Yeah, item 6. All right.
Commissioner Plummer: So, all I'm saying is, I would like to see this on an
annual basis If it need be, not any long term.
Commissioner Dawkins: I'd like to say, I want to cancel and bid out. The
reason I say it should be cancelled and bid out is it says the assessment
reveals a cost savings of approximately $1,642,000...
Commissioner Plummer: That isn't what you told me.
Commissioner Dawkins: .,..in the next three years. Explain that... how we
will save that money each year, Mr. Manager.
Mr. Cesar Odio (City Manager: Do you mean on the... OK.
Commissioner Dawkins: It said that the Department of General Services
Administration and Solid Waste performed an economic assessment of the cost
and benefits associated with a City -operated, 100 percent, curbside recycling
program in residential areas, as compared to the same program operation
provided under private contract. The assessment reveals a cost savings of...
Explain to me how you arrived at $1,642,000 savings for three years.
Mr. Ron Williams (Assistant City Manager): Yeah. I can do it. Commissioner
Dawkins, as part of the alternatives that we proposed...
Commissioner Dawkins: What is the alternative?
Mr. Williams: The alternatives, basically, are City provided service - full
staff, full Citywide...
Commissioner Dawkins: What would that cost?
Mr. Williams: That total cost per household, as you asked before...
Commissioner Dawkins: Total cost per contract.
Mr. Williams: OK. The...
Commissioner Dawkins: Households will vary. Give me the total amount of
money you're talking about...
Mr. Williams: OK.
Commissioner Dawkins: ...for a City... Wait a minute. First, what are the
three alternatives, or four or five alternatives you looked at? You said the
City doing it, what else?
52 February 9, 1993
3
Mr. Williams: Basically, we provided two alternatives, Commissioner Dawkins.
One, City provision and two, private provision...
Commissioner Dawkins: So, therefore you realty did...
Mr. Williams: ...as part of an inter -local agreement with Dade County.
-- Commissioner Dawkins: So, really and truly, you didn't do a cost analysis.
You just took two programs and looked at it and said to yourself that of the
two this would be the cheapest one.
Mr. Williams: That's what we did.
Commissioner Dawkins: Thank you, sir.
Mr. Williams: OK.
Commissioner Dawkins: Go right ahead.
Mr. Williams: The total operating cost is based on City operating the
curbside program, we project to be one... a net cost of $1,174,565.
Commissioner Dawkins: So, if you had... If you had looked at more than the
two alternatives, there's a possibility that there might have been more
savings.
Mr. Odio: Yeah, well...
Mr. Williams: Well, but we don't know that there are others available, but
certainly...
Commissioner Dawkins: No, no, no.
Mr. Williams: ...certainly, if we take a look at others...
Commissioner Dawkins: No, no, no.
Mr. Odio: Wait a minute.
Commissioner Dawkins: You should know. You get paid to know if there are
others. Now don't stand up here and te11 me you do not know if there are
other companies. You get paid, Mr. Williams, to know if there are other
companies.
Mr. Williams: Well...
Commissioner Dawkins: Now do you or do you not know if there are other
companies out there that can collect the recyclables?
Mr. Odio: If I may, what we did...
Mayor Suarez: OK. Well, wait a minute, now. Am I going to talk to you or
him?
53 February 9, 1993
JOL
Mr. Odio: Both.
Mr. Williams: Let him talk to me.
Commissioner Dawkins: No, no. I need to talk to you.
Mr. Williams: Let him talk to me.
Commissioner Dawkins: OK? No, no.
Mr. Williams: OK.
Commissioner 'Dawkins: I need to talk to the Manager.
Mr. Williams: Sure.
Commissioner Dawkins: OK?
Mr. Williams: Sure.
Commissioner Dawkins: No, because you see, I don't need to talk... You can't
make any decision, Mr. Williams. I don't need to talk to you. I need to talk
to the Manager who makes the decisions.
Mr. Odlo: What we did 1s the County went to bids. The County went out on
request for proposals, they got the lowest bid, so what we did is what we've
done many times before, we assumed that that was the lowest bid available, and
we went with the lowest bid.
Commissioner Dawkins: Now did you know that's the lowest possible bid
available?
Mr. Odio: Because the County went through the whole process and they bid the
whole County. So, we assume...
Commissioner Dawkins: They didn't... OK. Go ahead.
Mr. Odio: ...and rightfully so, that if the Dade County got the lowest bid...
Commissioner Plummer: More than the lowest bid.
Mr. Odio: ...that would be the lowest bid available to us, too.
Commissioner Dawkins: But at that time, Mr. Williams, you don't know if there
were some companies out there that were much more hungry than the ones who bid
on the County. The employment climate, at the time that we bid, Mr. Manager,
may have been different than the employment climate when the other company bid
and there's a possibility that... just a slight possibility now, that we
could have gotten a better deal.
Commissioner Plummer: That happens. It's true.
Commissioner Dawkins: OK. All right.
54 February 9, 1993
Commissioner Dawkins: OK. Now...
Commissioner Plummer: Well...
Mr. Odio: I can't say no. I...
Commissioner Dawkins: OK. Within ten days...
Commissioner Plummer: I've got a simple question. What does it cost us to do
and what do we know it's going to cost them?
Commissioner Dawkins: ...of the execution of this agreement, the City shall
provide the County with a list of all the residential properties in the City,
including both those being serviced by the contractor and any exceptions
agreed to by the City. Why... How much are you going to charge them for
going through our records, providing them with our computer service, to give
them a list?
Mr. Odio: I really... Do you mean they have to check our... We have to give
them computer records...
Commissioner Dawkins: Yeah, we have to. No, no. We have to give them...
Mr. Odio: ...which is part of... Sure.
Commissioner Dawkins: ...a list of the names of where they're supposed to
collect.
Mr. Odio: We have that list already, Commissioner.
Commissioner Dawkins: Are they going to pay us for it?
Mr. Odio: No.
Commissioner Dawkins: Well, we use our computer time, we use our manpower to
produce it, and now you're just going to give it to them, although they're
going to charge you to pick up the garbage. OK. No problem. The City agrees
to provide the County with an addition and deletion of this list each month.
That means each month you are going to look at the list, update the list, add
additions, free of charge to them, and now you say we've got a shortage of
manpower, but yet you're going to do this for them free.
Mr. Odio: Well, we would have to do it anyway ourselves...
Commissioner Dawkins: That's right. But you would be...
i
a
Mr. Odio: ...so that's a service that...
Commissioner Dawkins: But you would be doing it at no cost to yourself, when
you're doing it at no cost to them. OK? Within ten days of the execution of
this agreement the City - and listen to this closely, Mr. Manager, and all of
my fellow Commissioners... the City shall make a lump sum payment to the
55 February 9, 1993
t
- County of $3.55 times the number of residential properties within the City to
be served in this program. How much money will that be, Mr. Manager?
Mr. Odio: I'll have to calculate that number.
Mayor Suarez:
about.
�- Mr. Williams:
Mayor Suarez:
Mr. Williams:
Oh, but cone on. You must have some idea of what we're talking
Sure.
I mean households times three dollars, so on.
That's three times...
Commissioner Dawkins:
-- them...
All right. �If they don't know that, Mr. Mayor, ask
Mr. Williams: We know the information, Commissioner Dawkins.
Commissioner Alonso: Why don't they have the...
Commissioner Dawkins: ...since you have a...
Mayor Suarez: I have to assume that they have that figure. Wait a minute,
Commissioner, please.
Commissioner Dawkins: OK. That's all right, Mr. Manager.
Mayor Suarez: Give them just a second.
Commissioner Dawkins: Mr. Mayor, that's OK. Since we have a balanced budget,
and since this amount was not budgeted when you presented the budget to me in
September, and there is a balanced budget, where will this money come from?
Mayor Suarez: All right. Do you want to give it another try at that? We've
gone through that particular set of inquiries before, but we could try it
again.
Commissioner Plummer: Well, it's the same... Aren't we talking about... Let
me ask a question, if I may. Are we talking about the same problem, if we
cease to stop doing it in-house or... I'm sorry, not in-house. But the State
monies are no longer available.
Commissioner Dawkins: Yes.
Commissioner Plummer: And aren't we mandated that we have to do it by a
certain date?
Commissioner Dawkins: Yes.
1 Commissioner Plummer: I mean, would it not be the same problem whether we
were doing it in-house or by a private concern, that we've got to do it by X
date and we've got to worry about where the money... because there isn't any
State money coming anymore.
56 February 9, 1993
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Commissioner Dawkins: Yeah, but... Yes it would be, but nobody has proved to
me that this is the cheapest way of doing it, J.L. That's all I'm saying.
Commissioner Plummer: OK. I have one question still and I've yet to get an
answer, because to me it's my vote.
Mayor Suarez: Commissioner, If I may... a procedural problem...
Commissioner Dawkins: OK. Wait until I'm finished.
Commissioner Plummer: I'll wait. I'll wait.
Mayor Suarez: And Mr. Gonzalez-Goenaga, sir, have a seat. You're obstructing
our view of the audience and their view of us, sir. You're not at the podium,
you're not going to be recognized, we're not going to have a public hearing on
this item. All right. One last...
Commissioner Dawkins: All right. Mr. Manager...
Mayor Suarez: I mean, one question by Commissioner Dawkins and I think...
Commissioner Dawkins: OK.
Mayor Suarez: ...Commissioner Plummer was getting ready to speak before I
interrupted him.
Commissioner Dawkins: No, but he has to... I don't yield. Tell him to wait.
Mayor Suarez: I didn't ask you to yield, sir. I just said... Proceed,
Commissioner Dawkins.
Commissioner Dawkins: OK. If the recyclable material revenue received from
the sales of recyclable material exceeds the recyclable material revenue
flow... What is the recyclable material revenue flow? What is that?
Mr. Williams: The revenue flow, Commissioner Dawkins, would be the net
difference between the cost of disposal and the sale.
Commissioner Dawkins: And if it's one fourth less, that means the City of
Miami would have to come up with the other three quarters?
Mr. Williams: No, it does not mean that the City of Miami would come up...
then we would not share in that net revenue base.
Commissioner Dawkins: But if it's a shortage, you've got to... If it's a
shortage, something has to give.
Mr. Williams: Well, if we negotiate a contract where a contractor picks up
the material, certainly we want to... and receive a net profit from it, we
want to share in that. We want to share in it, but we don't want to share in
the cost factor. So, that essentially means that if it goes down, we will not
get that share of the profit that's available.
57 February 9, 1993
Commissioner Dawkins: OK. Now, enforcement. Mr. City Attorney and the
Manager... Mr. Plummer, I'd like for you to let the Manager devote his full
attention to me, until I finish, and then he can do whatever you want done,
please.
Commissioner Plummer: Thank you.
Commissioner Dawkins: If you would give me that courtesy, I would appreciate
it.
Commissioner Plummer: You've got it, sir.
Commissioner Dawkins: Thank you, sir. "Enforcement - the City agrees to take
such steps as may be reasonably necessary to protect contractor's ownership of
all recyclable materials placed at curbside, for collection by contractor,
under the term of the contract, including the preparation and submission of an
anti -scavenge ordinance for the City. The City staff shall submit to the
municipal council, within a reasonable time, a proposed anti -scavenger
ordinance that has been approved by the contractor." What does that mean, Mr.
City Attorney?
A. Quinn Jones III, Esq. (City Attorney): It's the first time I'm aware of
that. I assume what it means is that they would be looking for you to pass
some legislation that would prevent, I guess, Joe Blow, or whomever from going
through the piles, you know, but I think...
Commissioner Dawkins: How can you... I mean, but legally, sir, how can I
legislate that the people who come down my street take the aluminum cans out
of the container, don't take them?
Commissioner Plummer: I think there's an ordinance already on that.
Mr. Jones: You said how can you legislate that?
Commissioner Dawkins: Yeah.
Mr. Jones: You can legislate it... To legislate it is one thing, but to
enforce the legislation is the other angle.
Commissioner Dawkins: Al right. Well, now, if I passed such legislation,
and such legislation is not enforced, does the contractor have the right to
sue me because I did not stop people from taking the aluminum cans?
Mr. Jones: Well, I would say that there would be a degree of liability there.
Yes, certainty.
Commissioner Dawkins: OK. "As part of the contract, a multifamily program,"
Mr. Manager, "option will be developed and implemented." What does that mean?
Mr. adio: That's for the apartment buildings. Basically, to cover all of the
apartment building units that we have.
Commissioner Dawkins: It also said that you will... if any money from the
State of Florida is gotten, it will be given to this grant. Will that offset
58 February 9, 1993
the cost of collection, or... They say here it would be for education, but it
should be for offsetting the cost of the household, shouldn't it?
Mr. Williams: The cost of the contract.
Mr. Odio: Yes, it would deduct from the total cost.
Commissioner Dawkins: Now, Section 27, "Terms." Listen to this closely.
"The initial terms of this agreement shall begin on the date of execution and
end on June 30, 1997." Is that correct?
Mr. Odio: Well, that's subject for you to approve, but Commissioner Plummer
is saying one year...
Commissioner Plummer: You heard my comment - one year.
Mr. Odio: ...it's subject to... for you to decide that bid. This 1s the
term that they had proposed, yes.
Commissioner Dawkins: OK. The... And over here... and I'm reading through
here, because nobody understands this. I don't. Through here it says the
floor price is zero and the cap is 25 cents per ton on newspaper. What does
that mean, Mr. Williams? But yet, over here 1t says that I'm entitled to...
I'm to give them one fourth of the floor price, but yet over here it says it's
zero and the cap is $25 a ton.
Mr. Williams: Well, essentially, obviously zero is the cap, the break even
amount, but the $25 a ton there is an attempt to cap out the cost. One of the
things that happens in this market, Commissioner Dawkins, is the recyclables
themselves float based on market conditions. And, essentially, the contract
is attempting to establish a ceiling of not more than $25 per ton. We've
averaged, I think, in the neighborhood of 15 both ways.
Commissioner Plummer: What happens if it exceeds that?
Mr. Williams: Well, that's the contractor's problem.
Commissioner Plummer: I'm sorry. I'm sorry I interrupted. I didn't mean
to...
Commissioner Dawkins: That's OK. Go right ahead, Mr... Go right ahead,
Commissioner.
Mr. Williams: That's the contractor's problem.
Commissioner Plummer: Well, I'm asking the question. I think it's a question
that has to be answered, so I'll get my answer after Dawkins is finished.
Mr. Williams: Yeah. That's their problem.
Commissioner Dawkins: All right. In here it says "Recyclable Material
Revenue Floor. The revenue equal to the average number of residential
properties, which are located within the recycling route being served by the
contractor, during a particular month, times 50 cents. The average number of
59 February 9, 1993
residential properties shall be calculated by adding the number of residential
properties at the beginning of the month...
Mr. Williams: Thirty-five, page 35.
Commissioner Dawkins: "...and to those existing at the end of the month and
dividing it by two." What does that mean, Mr. Williams?
Mr. Williams: That's the factor that we're... that's being used to determine
that net revenue base. Essentially, that 50 percent is the variable there and
based on your earlier reading, that is the margin by which we will determine
y whether the City receives revenue and how much that revenue percentage is.
Commissioner Dawkins: OK. One more thing here. "The contractor's monthly
fee shall be $1.53 per residential property, from the date of this agreement."
Is that what you're charging us?
Mr. Odio: Now, it's up to $1.60. Right.
Commissioner Dawkins: All right. One sixty, OK? "The contractor's monthly
fee shall be $1.24 for multifamily unit." What is that today?
Mr. Williams: For multifamily?
Commissioner Dawkins: ihn-hmn.
Mr. Williams: Multifamily meaning more than one, either duplex or...
Commissioner Dawkins: No, no. What is the cost they're going to charge you
for multifamily collections?
Mr. Williams: Well, the price is fixed at this point at $1.60 per household.
One of the things you might be going to, Commissioner Dawkins, if I may help
you here is, the County has passed legislation that deals with multifamily,
meaning three units or above, apartment complexes, etc. and commercial
establishments that will have to be taken up... I think the process starts
June, July.
Commissioner Dawkins: OK.
Mr. Williams: So that maybe part of what you're talking about.
Commissioner Dawkins: All right.
Mr. Williams: But our fixed price, at this point, based on the last increase,
I believe, is approximately $1.60.
Commissioner Dawkins: All right. That's $1.60 per month?
Mr. Williams: Per household, yes, sir.
Commissioner Dawkins: Per household? Now, I'm coming back to that now. Just
hold on to that for me for a minute. Contractor's monthly fee shall not
change until October 1, 1991. On that date, an annually thereafter, the
monthly fee shall be adjusted by 95 percent of the cost of living.
60 February 9, 1993
Mr. Williams: Right.
Commissioner Dawkins: So that means that irregardless of what happens, it's
going to go up a minimum of 95 percent of whatever the cost of living is.
Mr. Williams: No, no. Yeah. Of the Dade County CPI, that's where we went
from the previous number $1.57 to $1.60, during the last fiscal year. So,
it's 95 percent of the Dade County CPI. I think this time it was three four
cents. ,
Commissioner Dawkins: You know, all of this... nobody has shown me where
this is cheaper, the cheapest way it can be done. Nobody has shown me that
the company chosen is the best one to do it. It also says in here the company
must be rated no less than B as to the management, and no less than class V.
And at this time, we know that a lot of insurance companies have gone out of
business. What insurance are you going to demand that they have to indemnify
the City of Miami, Mr. Manager?
Mr. Odio: We did...
Mr. Williams: It will have to be at least A rated insurance, Commissioner
Dawkins...
Mr. Odio: At least.
Mr. Williams: ...and that will be reviewed by our insurance managers before
the Manager was able to enter into contract.
Commissioner Dawkins: OK. My last and final question. How will the $1.60
per month be collected from each household?
Mr. Odio: Commissioner, that's a decision for you... That's a policy
decision. It's.,.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: That would be your decision. Either we charge them...
Commissioner Dawkins: OK.
Mr. Odio: ...for a yearly fee, or we leave it within the $1.60 that we charge
them now. That's your decision.
Commissioner Dawkins: OK. Did anybody decide... Since it's my decision, and
I have to run for reelection, did anybody decide that this should be put on
that City of Miami informational station where they said NET (Neighborhood
Enhancement Team) is the best thing since high buttoned shoes, and telling
them that this is going to happen to you, and as a taxpayer in the City of
Miami, your commissioners are going to have to find a way to charge you $160
per month...
Mr. Odio: Well...
61 February 9, 1993
Commissioner Dawkins: ...to pay for this recycling, therefore, you should
know it..*
Mr. Olio: No, no.
Commissioner Plummer: Wow much?
C0+m133ioner Dawkins: ...and it should not come...
Commissioner Alonso: One six...
Commissioner Plummer: Not $160 a month.
Mr. Odio: Do you want to...
Commissioner Dawkins: A dollar and 60 cents a month.
Commissioner Plummer: Oh, you said 160.
Commissioner Dawkins: Yeah. A dollar and 60 cents a month. Was anybody made
this aware to the public, to get a reaction from the public as to that they
know that their expenditures for running their household is going to go up a
minimum of... No, no. It's going to go up per month by $1.60, plus it's
going up the initial payment which is... whatever we're supposed to pay them
at the very beginning of the contract.
Mr. Odio: Three something, yeah.
Commissioner Dawkins: Yeah. Wait a minute. It's in here. Three point...
Plus it's going to cost them...
Mr. Odio: Well, let me...
Commissioner Dawkins: ...three dollars and fifty-six cents to begin the
program. Now, that's got to go... They've got to pay that.
Mr. Odio: Let me...
Commissioner Dawkins: Did anybody tell them that?
Mr. Odio: Let me... No. Because...
Commissioner Dawkins: I think...
Mr. Odio: Again, it's your decision. My... I was thinking...
Commissioner Dawkins: Tait a minute. You know, you keep saying it's my
decision and my decision is not to do this...
Mr. Odio: Wait, but let ine... But let me...
Commissioner Dawkins: ...so don't say it's my decision.
Mr. Odio: Wait, let me...
62 February 9, 1993
0
Commissioner Dawkins: No, no. No, Mr. Manager, don't say that's my decision.
That's your decision as the Manager to make a recommendation...
Mr. Odio: OK. I want... OK.
Commissioner Dawkins: ...and it's my decision not to go along with it.
Mr. Odio: I would recommend...
Commissioner Dawkins: OK.
Mr. Odio: ...that the first year...
Commissioner Dawkins: All right. That's your decision, as the Manager.
Mr. Odio: OK. That's what I want to say.
Commissioner Dawkins: As your... As the Manager, it's your decision.
Mr. Odio: My recommendation would be that...
Commissioner Dawkins: All right. But it's not my decision.
Mr. Odio: No.
Commissioner Dawkins: It's your recommendation.
Mr. Odio: But it's... You're going to have to vote on it.
Commissioner Dawkins: OK. All right. OK. So now, how do you... how are
you going to tell the people...
Mr. Odio: I will tell the people that my recommendation would be that the
first year we stay at the $160 we're charging now. Once the recycling is in
place for one year, then you have time... we have time to analyze what's
happened, because...
Commissioner Dawkins: OK.
Mr. Odio: And the reason for that way... If I had to do recycling with in-
house people, it wound cost me more and I still would charge $160.
Commissioner Dawkins: OK.
Mr. Odio: So, my reasoning for that is I would not pass it on to the tax...
Commissioner Dawkins: Are you telling me that if you charge each household
$1.60...
Mr. Odio: I'm not.
Commissioner Dawkins: ...plus $3.56, that you would not be able to collect
recyclables for a year in the City of Miami, while we go out for a bid and see
what...
63 February 9, 1993
ire
Mr. Odio: That... My recommendation world be...
Commissioner Dawkins: No, no.
Mr. Odio: Well...
Commissioner Dawkins: No, answer my question.
Mr. Odio: The answer to that is we're going to charge... We will charge $160
for the year and within the $160 we will pick the recyclables up.
Commissioner Dawkins: OK. And at the second year, what are you going to do?
Mr. Odio: The second year, when we go through the budget process, it will be
a decision we have to make of what we need to do with the garbage fee, if
anything at all.
Commissioner Dawkins: So, therefore, you're telling me... I want to be sure
that I'm in tune with what you're saying. These citizens of the City of Miami
are going to be serviced by this company that you have here, for a year, and
1t will cost the citizens nothing.
Mr. Odio: Well, it will cost them $160 a year.
Commissioner Dawkins: No, no. They're already...
Mr. Od1o: Additional costs no.
Commissioner Dawkins: Are they already paying a hundred... ghat are we
paying now for garbage?
Mr. Odio: No additional cost.
Commissioner Alonso: One sixty.
Commissioner Dawkins: What are we paying for garbage now? I mean, for trash
and garbage.
Mr. Odio: One hundred sixty dollars a year.
Commissioner Dawkins: So therefore, you're telling me, sir, that you're going
to pick Pap the recyclables with this company and out of the balanced budget,
you're going to find money to pay $1.60 per month plus the additional $3.56...
Mr. Odio: Yes, sir.
Commissioner Dawkins: ...and for one year, we don't have to worry about the
citizens paying anything to recyclables.
Mr. Odio: That's what I said, sir. Yes, sir.
Commissioner Dawkins: Now, since you're going to do that, what's wrong with
letting the people who are working already collect it, since you aren't going
64 February 9, 1993
to... it isn't going to cost anybody anything. Why not let the people who
are working continue to work for a year, while you experiment, and it's not
going to cost us anything, because you already said you're not going to pay
these people.
Mr. Odio; No, because the...
Commissioner Dawkins: Wait a minute. You aren't going to pay these people,
but yet the money has to... it is there to do it, so they're going to do it
and they're not going to do 1t free.
Mr. Odio: Well, first of all, I have to hire people. And if we hire people,
and we put our trucks to work, it costs you $2.40 per, household. If we do it
with them it costs me $1.60. Because of that, I don't propose to pass it on
to the citizens. Now, if we do go in-house, then the cost is at 80 cents more
per household.
Commissioner Dawkins: OK. I move that this... I mean, I'm going to vote
against it. But I move that this be deferred until the Manager can cone and
put some figures on that board, on an overhead projector, and show me how he's
arriving at these figures.
Mayor Suarez: So moved. Do we have a second on that motion? Do we have a
second on the motion to defer this Item? Third time, do we have a second on
the motion?
Commissioner Alonso: Do we have an option?
Mayor Suarez: OK. Commissioners, we... I think most of you want to inquire.
Commissioner Alonso: Well...
Mayor Suarez: I certainly want to inquire.
Commissioner Alonso: I'd like to ask the Manager...
Mayor Suarez: Yes.
Commissioner Alonso: ...perhaps there is a possibility that you can come back
this afternoon with this item, so that you can respond...
Mr. Odio: If I know what we want.
Commissioner Alonso: ...to some of the questions that Commissioner Dawkins
has.
Mr. Odio: I can come right now... I have the numbers here. I have said it
before, the cost per household in-house is $2.40, outside it's $1.60. Now, I
can bring all the figures you want and put them on the board...
Vice Mayor De Yurre: We need to move on this. How many meetings have we had
that we've discussed this item?
Mr. Odio: Well...
65 February 9, 1993
Vice Mayor De Yurre: I've lost count.
Mayor Suarez: OK. Commissioners, if I may, Mr. Vice Mayor...
Commissioner Plummer: I have...
Mayor Suarez: ...the motion to defer has not been seconded. We are on the
item and I am inclined to take inquiry from each of you on this Item and I
have some questions to ask, too, at some point. So, I would...
Commissioner Plummer: May I inquire...
Commissioner Alonso: Yeah.
Commissioner Plummer: ...if this... I'm sorry. Go ahead.
Commissioner Alonso: Let me finish with this. Do you think it is possible to
come back this afternoon so we can take action today on this item, and perhaps
show Commissioner Dawkins what he wants to see, in very clear terms. Is it
possible? And perhaps, we can resolve this item today.
Vice Mayor Be Yurre: Yeah. But what...
Commissioner Alonso: I think it's the intent of this Commission to go one way
or the other.
Vice Mayor Be Yurre: Miller, what do you need, something... the information
on an over...
Mr. Odio: We want...
Commissioner Alonso: And I think it's a courtesy to a fellow Commissioner.
Vice Mayor Be Yurre: ...on a transparency?
Commissioner Dawkins: No, Victor, it's no... See, this has got three votes
up here, see. But I just want the citizens to understand that they are going
to pay for this. Nobody has informed them...
Commissioner Plummer: They're going to pay anyhow.
Commissioner Dawkins: ...the State of Florida said this has to be done,
Victor...
Commissioner Plummer: The consumer always pays.
Commissioner Dawkins: ...we've got to do it.
Vice Mayor De Yurre: Yeah.
Commissioner Dawkins: But by the same token,you're talking about a
hundred... a dollar and 60 cents against a possible $2.80, but yet and still,
the Manager has not said how if he went to the union and told the union... I
66 February 9, 1993
mean... I'm sorry, the bargaining agent, that hey, in order to preserve your
jobs and protect your jobs, you guys are going to have to pick up recyclabies
and we aren't going to hire anybody else. He has not been to them and they
have come back and said no. So, therefore...
Mr. Odio: What...
Commissioner Dawkins: I mean, that's all, Victor... We're not mixing apples
and oranges.
Vice Mayor Be Yurre: Well, let's ask the question.
Mr. Odio: Wait. Let's ask him if I have not talked to them.
Vice Mayor Be Yurre: Now... No, bet let me understand one thing, Cesar, are
you saying that you're going to layoff?
Mr. Odio: No, we don't have the people working.
Vice Mayor Be Yurre: We're not... So nobody's job is threatened here.
Mr. Odio: No one is threatened.
Vice Mayor Be Yurre: Nobody is going to lose their jobs.
Mr. Odio: No one is threatened.
Vice Mayor Be Yurre: OK. Just want to make sure of that.
Mayor Suarez: All right. Any...
Commissioner Plummer: I have a...
Commissioner Alonso: May I ask.,.
Mayor Suarez: Yes. I've got a bunch of inquiry, too. Commissioner Alonso
and then Commissioner Plummer...
Commissioner Alonso: Yes.
Mayor Suarez: ...take whatever time you need, because I have a feeling we're
going to take a vote on this item and I certainly have at least five or ten
minutes of questioning that I need to do.
Commissioner, Alonso: Mr. Manager, you said at one point that you would have
to hire people to do the work. We were doing the recycling system. What
happened to the individuals who were working on this program?
Mr. Odio: Well, they were transferred over to... The 14 individuals were
transferred. They are in the regular garbage pickups and trash right now.
Fourteen of them.
Commissioner Plummer: And debris.
67 February 9, 1993
Mr., Odio: And debris.
Commissioner Alonso: Can we get a specific number of people?
Mr. Odio: Fourteen.
Commissioner Alonso: stow many people you had... we had working?
Mr. Odio: There were 14.
Commissioner Alonso: Fourteen. And all of them, all of the 14...
Mr. Odio: Are working.
Commissioner Alonso: ...were transferred to other assignments within the
department.
Mr. Odio: That is correct.
Mr. Williams: That's correct.
Commissioner Alonso: So, we had vacancies...
Mr. Odio: Yes.
Mr. Williams: Yes.
Commissioner Alonso: ...that were filled by these individuals.
Mr. Odio: Twenty-one.
Commissioner Alonso: Why did we get these vacancies within the department
that we had to move them around? What was the reason?
Mr. Williams- Essentially, people left, Commissioner Alonso. And as you
recall, 1 guess a year and a half ago now, we had the retirements. Some
people left, we were in the process of filling those and promoting others.
So, there has been and continues to be vacancies left in the department.
Commissioner Alonso: So what you're saying is that we did not fill some of
the vacancies that we had before, and then we were short and then moved these
individuals to those positions. Because I cannot understand. We were doing
it until August.
Mr. Williams: Only 50 percent of the City, Commissioner.
Commissioner Alonso: A little bit higher than 50 percent, according to what
you've been telling us at this Commission, that it was functioning well, that
the Administration was pleased with the collection and that we were doing
quite well. At least that was the impression that we were given.
Mr. Williams: That's true. The program had been working fine with that
staffing, but I don't want to mislead you. When I say 50 percent, I'm talking
about 50 percent of the households. In other words, we did not have a
68 February 9, 1993
ref d
Citywids program. That portion of the program that we were working with
certainly was doing OK.
Commissioner Alonso: We know that. What areas did we have under this system?
Could you mention those areas?
Mr. Williams: Essentially the southern portion of the City, Commissioner.
Commissioner Alonso: Could you mention the neighborhoods?
Mr. Williams: From Coconut Grove through Little Havana, the Roads section,
downtown and a small portion of the area around the river. So, it was a...
We basically felt that we were serving approximately 30,000 households.
Commissioner Plummer: What about the liability and all of that?
Commissioner Alonso: We did not do any of the Northeast section?
Mr. Williams: We did, on a trial basis, initially up in the Northeast. As
you will recall, we were... the City of Miami was out front with this program
and we began to do it in those areas, but throughout the operation of the
program, from trial through essentially where we were prior to the storm, we
did not exceed 50 percent of the City.
Commissioner Alonso: The area of the Northeast we started the recycling and
then we stopped in that area?
Mr. Williams: That was part of the pilot effort and we did continue it for a
while. But there were other neighborhoods adjoining that we had planned to
bring on, wanted to bring on, but we never got to them.
Commissioner Alonso: So, in fact some areas of the City, even though we had a
pilot program, we did not continue the collection of recyclables?
Mr. Williams: That's true.
Commissioner Alonso: I also... In reference to... Of course, the citizens,
eventually, will have to pay even though for the first year, even if it's not,
but if we look at the Solid Waste Department, and we adjust our costs, perhaps
we can provide this system as well and not increase any price to the citizens.
Have you looked into that possibility?
Mr. Williams: Oh, absolutely, Commissioner. We're not proposing any increase
to the citizenry at this point, at all. As a matter of fact we think, and
based on the analysis that's before you, the first year cost is quite frankly
a net reduction to the City, based on some things involving equipment and cost
avoidance. But if we follow your thought... And certainly we've been talking
about other programs. As you well know, we opened the proposals on February
3rd, just last week, on a broader program that we think will continue to
reduce costs. Certainty, it's very possible that this program can run
effectively and there will be no additional cost. We're looking overall and
throughout the department towards reducing costs.
69 February 9, 1993
Commissioner Alonso: How much is the County charging to the City of Miami
for...
Mayor Suarez: Wait. Wait a minute. Excuse me, Commissioner. I'm sorry to
interrupt you. Mr. Manager and Commissioner Dawkins, we gave the courtesy to
one Commissioner to inquire without private meetings. If you want to have it,
please have it outside the chambers. Commissioner Alonso, I'm sorry.
Commissioner Alonso: Thank you. How much is the County charging to us per
ton of solid waste?
Mr. Williams: At this point it's 68.
Mr. Odio: Sixty-eight.
Commissioner Alonso: Sixty-eight. Also, I think that there is... At this
time, since we are talking about costs to the citizens, I think we will... we
should seriously look into the possibility of taking our garbage to Palm Beach
or some other areas, who are charging $42 a ton. That could mean a tremendous
savings to the City of Miami. West Miami is doing it. Private haulers are
doing it and it's a tremendous savings. Forty-two dollars a ton in comparison
to 68. I believe that it's costing us an average of $59. Right?
Mr. Williams: Yeah. Because we...
Commissioner Alonso: Because we take it to the transfer...
Mr. Williams: Absolutely. Not to the transfer, we,take it to the fill.
Commissioner Alonso: To the fill. OK.
Mr. Williams: To the 97 site.
Commissioner Alonso: So, I think that I'd like to suggest that the
Administration look into the possibility of us taking it to the places where
they're charging $42 a ton and perhaps it could mean as much as ten dollars
savings per ton to the citizens of Miami.
Mr. Williams: Commissioner Alonso, you're absolutely right. We'll take a
look at that, but let me just caution you that there are many factors involved
in making that run - operating, equipment, depreciation, and all of those
variables. We'll figure those in as we take a look at that tipping fee or
that final number there. Certainly there are costs associated with that that
would have to be added to that $42, if it's... if and what that final dollar
amount is.
Commissioner Alonso: Maybe if you figure that out, you will not cane higher
than 50, 52. It is also my understanding that the County plans to increase
the price to $75 or higher.
Commissioner Plummer: Ninety-five.
Commissioner Alonso: Ninety-five, Commissioner Plummer is saying.
70 February 9, 1993
Commissioner Plummer: in two years.
Commissioner Alonso: So, if indeed it's going to be close to $100...
Mr. Williams: The County had...
Commissioner Alonso: ...it's worth considering the possibility of taking some
other places and saving tremendous amounts of money for the citizens of Miami.
Mr. Odio: Commissioner, you're right but the... we have seven... the RFP
that we had out on the garbage proposal, there are seven proposals in. I
think that will divert our garbage stream to that plant and keep it away from
the County's disposal fees. The...
Commissioner Plummer: No, that's not a real true statement now, because the
County is only giving you permission...
= Mr. Odio: Well...
Commissioner Plummer: ...under home rule charter,..
Mr. Odio: No.
Commissioner Plummer: ...to burn X number of tons a year.
Mr. Odio: No, no. No, we did...
Mr. Williams: No.
Mr. Odio: They are now being very flexible with that.
Mr. Williams: Right.
Commissioner Plummer: Well, then nobody has informed this Commission.
Mr. Odio: Well, because we haven't come back with the report yet.
Commissioner Alonso: Yeah. One of the...
Commissioner Plummer: OK. But there was a restriction.
Commissioner Alonso: One of the reasons...
Mr. Odio: But we know, we have talked to the County. The only condition
we're negotiating now with the County is if we take a lot more than what they
had said before...
Commissioner Plummer: You're negotiating with them. You know why they're
letting you do it? Because they can't.
Mr. Odio: No.
Commissioner Alonso: They cannot handle our garbage.
71
February 9, 1993
0
Mr. Odic: No, because they :rake :Honey. See, they get a host fee.
Commissioner Alonso: That's the truth.
Mr. Odic: They get a host fee for that. And it's true that they're
overburdened also.
Commissioner Plummer: It's called corkage.
Mr. Odio: Corkage.
Mayor Suarez: All right.
Commissioner Alonso: They cannot even handle the trucks in line. It's
ridiculous.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Also, one other possibility is to look... And I've been
looking at the contract and I don't know if... but it's something to look at,
�= and worth looking. It's the transfer station that we gave to the County.
Maybe the possibilities of doing something with that transfer station...
Mr. Williams: That's right. That's that asset management program.
Commissioner Alonso: ...it could mean a lot of money for the City of
Miami
and a possibility of looking at that.
Mr. Odio: We're working on that. We're working on that.
Commissioner Alonso: If we were to take it that over, and I... it
is my
understanding they are not using it to capacity, or very little...
Mr. Odio: Mo.
Commissioner Alonso: ...it could mean a lot of money for the City of
Miami
and something worth looking.
Mr. Odio: Well, because more... They are not using it because most
people
don't want to pay the nine dollars extra.
Commissioner Alonso: Well...
Mr. Odio: So, they're going directly to the...
Commissioner Alonso: What are you making reference to? Are they charging
now
the nine dollars?
Commissioner Alonso: To transfer.
Mr. Odio: If you go to the transportation...
Commissioner Alonso: Oh, you mean they are going directly. I see.
72 February 9, 1993
Mr. Odio: ...you pay an additional nine dollars.
Commissioner Alonso: Because... They are thinking also...
Mr. Odio: That's what happens.
Commissioner Alonso: ...about a fee, a nine dollar fee...
Mr. Odio: No, no. You pay...
Commissioner Alonso: ...that it's also...
Mr. Odio: You pay the...
Commissioner Alonso: Yeah. I know the savings, going directly.
Mr. Odio: OK.
Commissioner Alonso: Yes. OK. So, indeed, even though we're talking at a
cost to the citizens after a year, or it seems the logical step, it's not
necessarily the truth, because we could be looking at other possibilities,
saving monies to the City and therefore we don't have to pass the cost of this
service in years to come.
Mr. Odio: Well... We need to... I want...
Commissioner Alonso: But on the contrary, perhaps we can even reduce the cost
to the citizens of the Miami.
Mr. Odio: I want you to hear this. Maybe, I... Recycling is not the answer
in the future of the garbage problem. Recycling was meant to save very few
percentage of the total garbage tonnage and that's something that the industry
will tell you. It's more... It's very popular to say recycling, but that's
not the answer to the garbage problem.
Commissioner Alonso: Of course not.
Mr. Odio: It is not.
Commissioner Plummer: But it's more than a little.
Mr. Odio: No, it's not... What is it? Ten percent?
Commissioner Plummer: Excuse me. If I'm not...
Mr. Williams: No, it's less.
Mr. Odio: What is it?
Mr. Williams: It...
Commissioner Plummer: If I'm not mistaken, I was always told that 30 percent
of your garbage was newspaper, magazines and cardboard.
a
73 February 9, 1993
aZ
3 • c
Mr. Williams: The...
Commissioner Plummer: That that was 30 percent of your tonnage.
Mr. Williams: The national...
Commissioner Plummer: Is that a correct figure?
Mr. Williams: The national percentage, Commissioner, is basically... on
recycling, is averaging five to six percent on the...
Mayor Suarez: Remember, he just said...
Mr. Williams: ...six percent on the high said.
Mayor Suarez: He didn't just say newspapers and metal containers...
Commissioner Alonso: Metal, yes.
Mayor Suarez: ...and bottles. He said cardboard. That means almost every
container...
Commissioner Plummer: Magazines, everything.
Mr. Odio: That's true.
Mayor Suarez: ...and plastic and everything else.
Commissioner Alonso: Serious reduction of the tonnage.
Mr. Williams: Cardboard, Mr. Mayor, is a major factor, but that's the next
phase. That's on the commercial side.
Mayor Suarez: I'm only saying it because that's what he put in his question.
You gave him an answer to a different question than the question he asked.
I'm sorry, I interrupted you.
Commissioner Alonso: But that's the way that...
Mr. Odio: The...
Mayor Suarez: Let's complete the inquiry. I've got a lot of questions here.
I'm sorry.
Commissioner Alonso: That's the way the County is going. They are going to
collect more items, is my understanding. Isn't it?
Mr. Odio: Yeah. But...
Commissioner Alonso: Yes.
Mr. Odio: Let me repeat this. Recycling savings of tonnage is... the
average national is five to ten percent.
7r
74 February 9, 1993 -
Commissioner Alonso: What about ours?
Mayor Suarez: All right. That has been clarified to be totally different...
Mr. Odio: We don't...
Mayor Suarez: ...from what Commissioner Plummer asked you. He included items t
that Mr. Williams did not Include in his estimate and that you have ,just again
not included in your estimate. All right. Commissioner Plummer, or Alonso,
whoever.
Commissioner Plummer: How many trucks do we have?
Mayor Suarez: Thank you.
Mr. Williams: We have 15.
Commissioner Plummer: Fifteen. How much is the value of those 15 trucks?
Mr. Williams: We're estimating the value of them to be, at this point...
Based on their age, we are estimating $15,000 depreciation each year. So,
we've got some, I think, 190s and 191s. They're probably worth fifty... I'd $,
probably say close to $600,000. -_
Commissioner Plummer: OK. Is the company who would be the successful awardee
going to assimilate those trucks?
Mr. Williams: Yes.
Commissioner Plummer: And what are they going to give us as a credit for
those trucks?
Mr. Williams: We've gone... We've basically talked about a strai ht line of
depreciation and it would based... be based on that factor of 115,000 per
year depreciation...
Commissioner Plummer: And what...
Mr. Williams: ...and it would depend on the age.
Commissioner Plummer: How much did we pay for the trucks?
Mr. Williams: Depending on the year and the type, Commissioner. I'd say
average $90,000.
Mayor Suarez: Ron... Ron and Mr. Manager, there are about 14 of those
trucks, are there not?
Mr. Williams: Yes, 15.
Commissioner Plummer: Fifteen.
Mayor Suarez: About 14 is 15. There are 15 of those trucks. They were all
purchased around the same time, were they not?
75 February 9, 1993
Mr. Williams: No. sir.
Mayor Suarez: How many different purchases did we make for those 16 trucks'
— Mr. Williams: At least three.
Mayor Suarez: All right. Are any of them more than three years old?
Mr. Williams: Yes, sir.
Mayor Suarez: All right. Can you...
Commissioner Plummer: Purchase...
Mayor Suarez: Do you not have for the Commissioner...
Mr. Williams: Not more than three, Mr. Mayor. At least three.
Mayor Suarez: ...an answer right now... a rough answer of what they will pay
for those trucks?
Mr. Williams: Six hundred thousand.
Mayor Suarez: Thank you. All right. Commissioner.
Commissioner Plummer: But that's negotiable, isn't it?
Mr. Williams: Well, yes. It...
Commissioner Plummer: I mean, if we paid a million three five, I'm assuming
we're going to get more than $600,000.
Mr. Williams: It's negotiable. Yes, Commissioner Plummer.
Commissioner Plummer: Very definitely negotiable.
Mayor Suarez: All right. Anything...
Commissioner Plummer: Excuse me. Second of all, the cost of the $3.56 per
initial start-up, what is that for?
Mr. Williams: That is for new bins...
Commissioner Plummer: What about the bins that are already in place?
Mr. Williams: Well, they're going to go to a two bin place. They're going to
buy our bins from us. OTC? Education program...
Commissioner Plummer: Well, now, how many bins do we have out there?
Mr. Williams: We have approximately the 30,000 bins.
76 February 9, 1993
Mr. Williams: I didn't say what they're going to give us for hours. I think
at this...
Commissioner Plummer: You said they were going to buy them. I guess you know
how much they're going to buy them for.
Mr. Williams: Yeah, they're going to buy them from us and we'll have to
determine a rate, based on the old ones that we've got out there...
Commissioner Plummer: Yeah. But, Ron, you can't ask me to vote not knowing
what those numbers are.
Mr. Williams: OK. We've...
Commissioner Plummer: Nor can you ask me to vote without knowing how much
you're going to negotiate the cost of the trucks for?
Mir. Williams: We've included $88,000 for the bins that we've got out there.
Commissioner Plummer: That's ours?
Mr. Williams: Right.
Commissioner Plummer: And how much are they saying that they're going to be
costing to put their bins out. We know...
Mr. Williams: They will have at least... at least $100,000 in bins. Bin
costs out there...
Commissioner Plummer: So there is $22,000 difference?
Mr. Williams: Yeah. And the reason say there's twenty-two...
Commissioner Plummer: Well, now, wait a minute. Wait a minute. Don't...
Are we talking about $22,000 difference between the bins that we have that
they're going to buy and that which they put out? - I don't find $3.56 per
household.
Mr. Williams: No. Well, that's just one factor. There is a start-up
program... First... Let me back for up a second. There are two bins, first
of all, that they're going to use. We've been using one.
Commissioner Plummer: Is that $100,000 each?
Mr. Williams: That's $100,000 each.
Commissioner Plummer: So, it's $122,000.
Mr. Williams: OK.
Commissioner Plummer: Is that a...
77 February 9, 1993
Mr. Williams: Yes. Yes.
Commissioner Plummer: ...ballpark figure?
Mr. Williams: Sure.
Commissioner Plummer: OK.
Mr. Williams: OK. And they're...
Commissioner Plummer: Go ahead. Now what's the rest of the three dollars?
Mr. Williams: And they have committed to an extensive education and
campaign.., education campaign, a door-to-door information piece, certainly,
that has a cost associated with it. -
Comnissioner Plummer: And how much does that cost?
Mr. Williams: Well, the... I presume that's going to cost them the
difference between the number that you just came up...
Commissioner Plummer: Don't presume anything.
Mr. Williams: Well, it's negotiable.
Commissioner Plummer: I'm asking the question, how much are they dedicating
to an educational program? If that's included in the cost, how much dollars,
hard dollars... Is it $100,000, $80,000? Something I can measure, because
I'm going to measure.
Mr. Williams: OK. The...
Commissioner Plummer: How much are they dedicating to the educational
program? -
Mr. Williams: They're ,going to dedicate to the educational program the =
difference between the cost of bins, which I think you've concluded $122,000.
=j So, essentially, the total cost of this, I estimate, 1s about $213,000. We're -
talking about $90,000.
_ Commissioner Plummer: So, it's $3.60? Is that what you're talking about?
JA Mr. Williams: Three fifty-six.
-! Commissioner Plummer: All right. For round figures, $3.60.
—a
Mr. Williams: Right.
Commissioner Plummer: Where the hell is my calculator? -
�. Mr. Williams: So, I'm talking $90,000. -
r
Commissioner Plummer: 6y 60,000. Right?
78 February 9, 1993
Mr. Williams: Um -hmm.
Commissioner Plummer: So, you're talking 36, 18, 16, 21.
Mayor Suarez: Well, that one... That one includes all the households, J.L.
Commissioner Plummer: I get $216,000.
`p
Mayor Suarez: Yeah. But I think they're excluding...
Mr. Williams: Right.
Mayor Suarez: ...the ones who have already gone through the program.
Commissioner Alonso: No.
Mayor Suarez: At least for the educational campaign.
Mr. Williams: Well, we...
Commissioner Alonso: It's different...
Commissioner Plummer: Mr. Mayor, the Administration should be able to say to
me that the award company is going to spend $90,000 for education.
Mr. Odio: That's what they're...
Mr. Williams: That's what we just gave you.
Mayor Suarez: That's what we were getting to.
Commissioner Plummer: Because I'mm going to...
Mayor Suarez: And I think the only discrepancy, Commissioner...
Commissioner Plummer: No, no. I'm going to measure that.
Mayor Suarez: ...is that it was three dollars plus times 30,000 households,
not 60. Is that correct?
Mr. Odio: Correct. It's 60,000 households, you have a total of $216,000 out
of which $122,000 are for containers. The rest goes to...
Mr. Williams: So, it's $93,000.
Mr. Odio: ...information.
Commissioner Plummer: OK. Then I'm going to be able to measure their
educational program at $90,000 value.
Mr. Odio: Ninety-four. Right.
Mr. Williams: Yes.
79 February 9, 1993
Mr. Odio: Two hundred . .
Mr. Williams: ...thirteen.
Mr. Odio: ...and thirteen...
Mr. Williams: Two hundred and thirteen thousand.
Mr. Odio:
...thousand, six hundred.
�4 Commissioner Plummer: For round numbers, since I don't have my calculator.
Mr. Odio: Two hundred and fourteen thousand.
Commissioner Plummer: Call 1t two hundred, give or take. Now, they're
offering right now $600,000 for my trucks, which they're going to pay more,
but let's just use that number. That $600,000, which is $200,000 start-up,
where 1s the other $400,000 going?
L
Mr. Williams: On the savings, Commissioner?
Commissioner Plummer: They're buying my trucks. Where are the... Am I going
to get that in a check?
Mayor Suarez: Think of 1t like a business transaction for once.
Commissioner Plummer: Is 1t hard cash? -
- Mr. Odio: You would have to...
Mayor Suarez: They owe us $600,000...
Commissioner Plummer: Where is the $400,000...
Mr. Odio: You... I... F
Mayor Suarez: ...we're putting $200,000 into...
Commissioner Plummer: Wait, wait. You chase your rabbit. Leave my rabbit
alone.
Mayor Suarez: I am...
Mr. Odio: Let me tell you, there are many ways... -
— Mayor Suarez: I am asking for leave to present the question in a little bit
more concrete fashion, so that there be no way out of this.
Mr. Odio: Let's suppose they give us $1,000,000. -
80 February 9, 1993
Commissioner Plummer: Where is the other $400,000?
Mr. Odio: Let's suppose they give us $1,000,000 for the trucks.
Commissioner Plummer: You're getting there. You're getting close.
Mr. Odio: We need to deduct from that the $216,000 we owe them.
Mayor Suarez: Right. He's using $200,000 for that figure.
Commissioner Plummer: OK. Where is...
Mr. Odio: Wait, wait.
Commissioner Plummer: Where is the difference?
Commissioner Dawkins: We owe them for what? Pardon me. Please yield,
Commissioner. Please yield, Commissioner.
Commissioner Plummer: No, no. I'll accept that.
Mayor Suarez: He's OK. He's OK. It was $200,000 he specified. We've gone
through it. Please, it's the...
Commissioner Plummer: Now, we're $800,000 difference.
Mayor Suarez: ...containers and the educational program.
Mr. Odlo: Now you're down to $800,000. You could use two ways. Either we
get a check, or you use that against the monthly fees that we will owe them... —
Commissioner Plummer: Well, I'm asking...
Mr. Odio: ...which I'd rather do that.
Commissioner Plummer: Excuse me.
Commissioner Dawkins: But you will owe them nothing for a year?
Commissioner Plummer: You're damn right I won't owe anything, because I'm
going...
Mr. Odio: That's right. ,The way you're going...
Commissioner Plummer: Excuse me.
Commissioner Dawkins: So, when will they collect?
Mr. Williams: That's what I said earlier. That's...
Mr. Odio: That's why the first...
Commissioner Plummer: No...
81 February 9, 1993
Mr. Odio: That's exactly why the first year doesn't cost you. OK. Because
you could use...
Commissioner Plummier:
me anything.
From what I'm looking at, the first year doesn't cost
Mr. Odio: That's right.
Mr. Williams: Right.
Mr. Odio: Thank you, sir.
Commissioner Plummer: Now, second of all, if I stand on my ground of wanting one year, are they going to buy the trucks?
Mr. Odio: They have to buy the trucks. That's part of the deal.
Commissioner Plummer: You'd better ask.
Mr. Odio: They have to buy the trucks.
Commissioner Plummer: Get the man with the cigar stuck in his mouth to stand
up to the microphone and tell me when he takes the cigar out whether or not
he's going to go for one year. And if he does, is he going to pay me
$1,000,000 for my trucks?
Mayor Suarez: Mr. Vetocci?
Mr. Ralph Veloccl: The name 1s Ralph Velocci, and our...
Commissioner Plummer: Without the papers.
Mr. Veloccl: ...and our office is at 2600 Bayshore Drive. And my home is 349
Center Isle in Golden Beach. Commissioner, if we buy the trucks and the bins,
and the cost it costs us to start up the contract, we amortize that over the
length of the contract that's left. So we cannot enter into a one year
agreement.
Commissioner Plummer: Well, you see, that's the point that I'm making. And
I'll go...
Mr. Vetocci: And...
Commissioner Plummer: ...a step further with you. Al right? The step
further is that we're dealing with a potential, alleged company who says that
they can provide to this City a problem area of one pickup a week, which they
will pick up garbage, trash, recyclables, in the same truck, and their
facility will separate at the site. Now, for that reason, if we can get the
Administration off their dead "bahunkas" and get them to start moving on that,
I don't want to get involved to where we're locked out of that facility, if in
fact it works. I don't know that it does.
82 February 9, 1993
Mr. Velocci: That's part...
Commissioner Plummer: And that's why I'm saying one year, which will give the
Administration the time and the ability to come to this Commission and say,
"Hey, we've looked into it and it works," or "Hey, it doesn't."
f
Mr. Velocci: Mr. Commissioner... -
Commissioner Plummer: But what I'm saying to you is, I don't want to go for a
contract more
than a year.
-
Mr. Velocci:
Mr. Commissioner, you're right. But my experience... Any time -
—
you build a facility of the nature you're talking about, it normally takes two —_
to three years from planning to permitting to building. I mean, we talk about`
the Pembroke
Pines facility...
Commissioner
Plummer: But what are you talking about your contract the
amortization
life of your remaining contract?
=
Mr. Velocci:
There's about three years and ten months left on the contract. _
Commissioner
Plummer: Well, hey, you want to negotiate? I'll negotiate with
you.
Mayor Suarez:
All right. I presume you don't intend to that just now, so...
Commissioner
Plummer: Well, sir, what I'm saying is, I think it is a main -
_
criteria in this particular case.
Mayor Suarez:
All right.
-'
Commissioner
Plummer: We're talking about possibly $800,000 difference. -
Mayor Suarez: I hear you and I think I understand which direction you're F
heading in.
I just want to clarify... -
Commissioner
Plummer: I have one other question and then
Mayor Suarez:
All right. Very good. -
_
Commissioner
Plummer: ...then I'll be quiet, for the time being. If we were
to give ,you the contract right now, how soon could you start?
-_
Mr. Velocci:
Two weeks.
Commissioner
Plummer: That long?
Mr. Velocci:
We could start your home tomorrow.
='
Commissioner
Plummer: Because I don't have anything. But you could start in
=�
two weeks.
=
�7
Mr. Velocci:
We could start the first of the month.
83 February 9, 1993 -
a
Commissioner Plummer: Because I... You know, I have to... I am very
pleased, Mr. Mayor, that I have received any number of calls of people who are
very concerned and upset that we're not collecting recyclables. What I'm
saying is, the way that they put them out, "I put my blue bin out at the curb
- and nobody picked it up." Sir, I...
Mayor Suarez: All right. I am going to proceed with precisely that line,
just to get a clarification. Thank you, Mr. Velocci. Who is Willy Hernandez
and what does he have to do with all this? He is one of the people who came
to my office this morning. I think he's the gentleman over there. Right?
Now, what is is his involvement in this, if you know?
Mr. Williams: He works for Mr. Velocci.
-- Mayor Suarez: Al right. So that's part of the same team. Now, is Mr.
Melton involved in this other than as a private citizen?
Mr. Williams: To my knowledge, he's not.
Mayor Suarez: All right. Very good. Those were my two visits this morning.
We got that squared away.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Al right. Dusty, I didn't clarify that. I thought you
were...
Commissioner Plummer: Well... Excuse me, Mr. Mayor, please.
Mayor Suarez: Yes.
Commissioner Plummer: Is that part of the Jennings? Because if it is, then
I've got to put on the record 1 don't know. We never got what I asked for
you, Mr. Arlstedes.
Mr. Jones: Yes, I did. I provided you with that and met with your staff.
Commissioner Plummer: A form?
Mr. Jones: The form...
Commissioner Plummer: OK. Excuse me. I'm sorry to interrupt, but if you
were doing that for the Jennings report...
Mayor Suarez: No, no. I just wanted to know the people...
j Commissioner Plummer: ...then I wanted to make sure that they knew that they
R can't... OK.
!4
Mayor Suarez: ...who came to my office this morning before the Commission
meeting, how they were involved in this. Now, Commissioner Plummer has almost —
preempted all of my questions and I'm glad he did, because it was painful
enough to have to not repeat it again. You are, of course, then going to try
to recover, subject to some negotiations, very possibly, on the amortization
84 February 9, 1993
that Mr. Velocci would like for the purchase of this equipment, et cetera, all
of the capital costs, or at least as high a percentage of the capital costs
that we've put into the system. The article that was written on all of this a
couple of days ago, I'm trying my best not to let it pollute my mind, because
it is such a confusing mishmash and, of course, the reporter in question is
brand new to City Ball. We certainly hope he's going to do better in the
future. Mr. Manager, it does reflect though, among other things, and
Commissioner Plummer just alluded to it, that we somehow suspended recycling
and he even quotes me as saying, "Oops," which is not a quote correct... I
mean, not a quote at all, because I don't use that phraseology. I wish he
would be like Mr. Wallace, his own colleague, who records everything you say
and then we'd have no problem of what it 1s that I said. I certainly assumed,
as you were trying to tell us a couple of minutes ago, Mr. Manager, that in
fact, those blue bins that we were placing out there on the curb since the
hurricane, as soon as we were able to start picking them up again - I
understand there was some period of time in which we were not picking them
up. - As soon as you were able to pick up those blue bins, that we were in
fact recycling in all the senses that word means. In other words, that that
stuff was being taken to some place where it was segregated and it was either
sold or given away, if you can't find a buyer, to someone and was not simply
being dumped into a solid waste facility, or "composted," which I get a kick
out of, because composting has, in my mind, almost nothing to do with any of
this, Now, is it correct that those blue bins were being picked up, whether
they were picked up by the old trucks, the nice recycling trucks that we got
so familiar with, or any other kind of trucks - I don't really care what
trucks picked them up, as long as they were doing the same thing that was
being done before. The bottles, plastics, et cetera, were segregated and so
were the newspapers, and they were being taken to someplace, for somebody who,
presumably, could use those items in the future, which is what I consider
recycling. That's my definition of recycling. It may not be somebody else's
definition of recycling. That's my definition of recycling. Was that being
done?
Mr. Odio: If you went to Virginia Beach right now... Virginia Key, we are...
Mayor Suarez: I'm not thinking about that hypothetical. I'm thinking of my
question.
Mr. Odio: OK. We are separating...
Mayor Suarez: Was the stuff being picked up and taken to someone who could
use the newspapers, and someone else who could use the bottles?
Mr. Odio: The answer to that is no. No, we are not.
Mayor Suarez: What was being done with those newspapers...
Mr. Odio: OK.
Mayor Suarez: ...and bottles differently from before, when we had our nice
little trucks that we paid a million plus for?
Mr. Odio: First, let... I need to tell you the background. For three
months...
85 February 9, 1993
Mayor Suarez: ...and I would really appreciate an answer.
Mr. Odio: We were dumping them as garbage, as regular...
Mayor Suarez: Where were we dumping them, sir?
k-
Mr. Odio: In the station at... out in...
Mr. Williams: Ninety-seventh.
Mr. Odio: Ninety-seventh.
Mayor Suarez: We were dumping them in a Metro facility?
Mr. Odio: Metro facility. That's correct.
Mayor Suarez: Just all together?
Mr. Odlo: All together. Yes, sir.
Mayor Suarez: All right. Sir, by nay definition, that is not recycling. So,
please...
Mr. Odio: That is not...
Mayor Suarez: ...don't say that recycling was interrupted. Now, I want you
to know, Mr. Manager... —
Mr. Odio: I didn't.
Mayor Suarez: ...that I consider it the height of mismanagement and failure Lr
to follow this Commission's clear policy, that you interrupted the recycling
program of the City of Miami, for which we are now receiving an incredible
number of phone calls. So, to the extent that I said that I... my mind was
polluted by the article written by Mr. Strauss, I take back some of it,
because apparently he was right.
Mr. Williams: He was.
Mayor Suarez: We did interrupt recycling. Now, you have now given me about
four different answers to that and I'm glad that it is now clear that as to
that point of his article, he was right. Another question. His article makes
reference to the whole issue of composting. May I assume that what we're
considering for the future, and I know we're not voting on it today, for -
composting is essentially of organic materials? Yes or no?
Mr. Williams: No.
92
February 9, 1993
k
Mayor Suarez: All right. May I assume then that what I used to think of as
composting, which was a chemical process to deal with organic material in the
solid waste stream, is now really a processing plant that we would build
somewhere - and, of course, for my vote, not on Virginia Key - and that will
then take as much as 90 percent of all the solid waste stream, as Mr. Strauss
referred in his article - somebody must have given him the figure 90 percent -
and will segregate it not at the source, which is the way I'd like to have it
segregated - recycling at the source, that's the kind of recycling I think
of - but is segregated then into newspaper batches, containers, metals, and
organic waste, which could then presumably be either incinerated or composted.
Is that what we're thinking about doing?
Mr. Williams: Yes, sir.
Mayor Suarez: Well, finally, somebody finally kind of explains the whole
thing. So, of course, when he says 90 percent, the reason he says 90 percent
is that he's including all these other items that most of us thought were
going to be recycled by... at the source, by a process where someone would
come, pick them up and take them directly to someone who wants newspaper -
assuming anyone in the world wants any more newsprint, because it's getting to
the point that nobody wants it anymore, certainly nobody's willing to pay for
it - and/or bottles, and/or metals, and/or other recyclable containers,
whatever the aluminum cans are made of, presumably aluminum. So now,
presumably, the idea is if we ever went to that program, if we ever found a
site, if we ever agreed on who was going to do it, that those people would get
all the solid waste stream of the City, take... somehow process 90 percent...
What happens to the other ten percent? I guess it's stuff that just has to be
disposed of some other way.
Mr. Williams: That's correct, Mr. Mayor. We... That's...
Mayor Suarez: That would be like junk items and stuff that cannot be...
Mr. Williams: Right. We would call...
Mayor Suarez: ...made into energy or something.
Mr. Williams: Right. We would call that residual and, at the worst case,
then it would go into the landfill, but certainly, that would be major
reduction.
Mayor Suarez: All right. I don't personally believe in landfills, so I hope
that somewhere along the line, three of us up here will indicate to you that
in the future there are not going to be landfills, we're going to figure out
something that we can do with all of the solid waste, whether we incinerate
it, whether we turn it into energy, whether we give it back to people who can
use it in some way or another, et cetera.
Mr. Williams: And Dade County's doing some of that. We would turn that ten
percent over to Dade County.
Mayor Suarez: All right.
Mr. Williams: And some of there is incineration, Mr. Mayor.
87 February 9, 1993
Mayor Suarez: OK. I now have an idea. So, then the item before us is to
somehow cane under a County program, which is administered by private parties,
and that we hope will not cost us anything, at least for the first year. I
know Commissioner Dawkins has doubts about that, and perhaps all of us have
doubts about that, that you can do this without any actual cost, but I will
tell you this for myself, you should be developing, because... I've asked you
to do this for many, many months now - more than months, years - and I think
this Commission is of a consensus on this. You should be developing a plan by
which people can be induced into conserving, induced into packaging, induced
into buying things that are for return, deposit and return, induced by
legislation on bottle - bottle legislation, such as the State of Florida is
now trying to get on its books and I personally have supported. I think this
Commission is on record as supporting - induced maybe by variable rates,
induce maybe by bag and tag programs, like the Seattle one that I have
submitted to you many times in memoranda, into putting out as much as 40 to 50
percent less volume of garbage, which satisfies the State requirements, and
don't tell me that we don't have to abide by the State requirements. We have
to abide by the State requirements. They're incumbent on everybody, whether
we legally have to abide by them, we have to abide by them. I mean, it's for
the whole State of Florida to try to conserve at least 30 percent, beginning
in 1994. Those programs do that. They reduce the solid waste stream 30 to 50
percent - not five percent, not ten percent - 30 to 50 percent. Please make
sure that we have some legislation on that, whether it passes up here or not
we shall see. It should provide for mandatory recycling. It should provide
for bag and tag. It should provide for maybe a minimum amount, hopefully less
than $160 a year, so that the average person who has to put out garbage, real
live garbage - the stuff that cannot be recycled, the stuff that cannot be
used in the future, the stuff that cannot maybe even be composted right away -
that that individual household reduces that amount thinking, "Well, if I can
do this for $120 a year, instead of $160, as long as I have less volume...
And then the Suarezes of•this world, who put out an incredible amount of junk
out there, because I've got many, many people as guests, will pay more.
That's fine. That's variable rates. Whatever it takes to induce people to
reduce the amount of garbage. That's what all the other programs throughout
the country do. They reduce, like I said, between 30 and 50 percent of the
total solid waste stream and then the cost associated with it. And that's
what I hope will happen by the second year.
Commissioner Plummer: Yeah, but their's a problem... You know, there's a
problem there, and I've tried to say this many, many times, what you're saying
in reality is true, but in practicality doesn't work. If you drive around
this town and you look at bins provided by private haulers, half of them are
overflowing every time before they're picked up.
Mayor Suarez: And yes... I'm sorry. If...
Commissioner Plummer: OK?
Mayor Suarez: As long as the Commissioner brought that up and assuming that
he is now going to let me complete my statement, because I think it is in the
same line of thinking... as to private hauling, that we will enforce and
Implement... and then enforce the strictest regulations, so that maybe all of
them will decide that they cannot possibly meet our requirements and they may
88 February 9, 1993
Lj
as well let us do it, which will make Commissioner Dawkins very happy, because
1t will increase our work force and will sign up a lot of people for what we
used to call commercial accounts, a total misnomer, because it included
multifamily residential, and particularly as to the issues he's talking about,
that the containers be the right kind of containers, that the pickup be
regular, that the stuff doesn't spill over, that it doesn't create more
garbage all over the place than what they actually pick up, which 1n some
places, particularly the public housing units, unfortunately, which is where
we should have had City and County involvement from day one, instead they went
to private haulers. I think it was a big mistake that they made, but if the
private haulers think they can do it, we'll give an opportunity to try.
They've got to comply with what he's saying. They've got to be the cleanest
of all. Let government be a little less efficient, which is the typical
stereotype. Let them be the ones that do it fully within our codes. If not,
we fine the hell out of them and we impose all kinds of penalties. And if
not, we say, "You can't pick up in the City, because you have not complied
with our standards," and the City will become cleaner as a result of that.
Commissioner Plummer: Mr. Mayor, I think as Commissioner Dawkins has said...
Mayor Suarez: I think Joe's happy with that.
Commissioner Plummer: ...that there has to be this matter put over... or
Commissioner Alonso... to this afternoon. Obviously, that which you have
before us today is not what I'm in favor of voting for because it's a three
year term, or a little longer than three years, less than four. And they're
saying that these terms and conditions that exist here today that you're
recommending will not apply to a one-year contract. So, as far as I'm
concerned, prior to my vote, I've got to know this afternoon, when you come
back, because I'm only voting for a one-year. That's it. OK? That I'll go
from one to one to one to one if it... but it gives us the right to cancel
out. I've got to know how much are they going to buy of our trucks, how many
they are going to buy, and what the cost factors are. So, when you come back
this afternoon with the answers, that's the one I'm going to be looking for,
based on a one-year contract. You can make it three years renewed option,
because what I want to see is that composting plant that in fact can handle
all three, and I think we're going to save a tremendous amount of money when
that happens, but that's where I'm at.
Mayor Suarez: All right. I'll take the suggestion to be a tabling of the
item, unless any Commissipner has any more,..
Commissioner Alonso: Yes, one last question.
Mayor Suarez: Yes.
Commissioner Plummer: Well, just... Excuse me. Let me just...
Commissioner Alonso: Yes.
Commissioner Plummer: Before we leave here today, I'm going to vote on
something other than deferment.
Commissioner Alonso: Oh, sure.
89 February 9, 1993
Commissioner Plummer: OK?
Mayor Suarez: OK. Anything further?
Commissioner Alonso: Yes, one last question. Mr. Williams, when you gave us
the savings between the City of Miami cost to the private sector cost, you
took into account any of the things we have discussed - trucks... them
acquiring the trucks?
Mr. Williams: Yes.
Commissioner Alonso: Or you just went directly from our cost to their cost,
not taking anything else into account?
Mr. Williams: No, the... All of the variables were considered, Commissioner.
Commissioner Alonso: All of the variables?
Mr. Williams: Yes.
Commissioner Alonso: When you considered the price of the trucks, the amount
that you used was $600,000?
Mr. Williams: Um-hmm. We took into consideration, as you'll see in the
proposal or the analysis we gave you, first year costs, then we went to a
second year cost, and then a thereafter cost.
Commissioner Alonso: Yes, but 1t wasn't clear, at least to me...
Mr. Williams: OK.
Commissioner Alonso: ...whether all of the considerations or just price...
cost to us, including all of this - an acquisition of the trucks - or that was
not taken into account.
Mr. Williams: OK.
Commissioner Alonso: You say it was.
Mr. Williams: All of those variables were there, Commissioner.
Commissioner Alonso: All right. Thank you.
—' Mr. Williams: Yes.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I'd like to say to Commissioner Plummer, I too will be
voting on something this afternoon, if it's nothing more than to have the City
Manager to continue to pickup recyclables with what he's using. I'm prepared
also to vote this afternoon. -
Mayor Suarez: Very good. All right?
90 February 9, 1993
R;.
Mr. Williams: Mrs.•
Mayor Suarez: I guess we're going to have a vote this afternoon. Yes, sir.
Mr. Williams: One question, Mr. Mayor, please. In order that I know exactly
what I need to bring back to the Commissioner, are we talking about the lute_
of questioning Commissioner Plummer had on...?
Mayor Suarez: Yeah. And, sir, whatever he asked, too.,.
Commissioner Alonso: And... Certainly.
Mayor Suarez: ...obviously, because if it's to satisfy him, you have to think
of the line of questioning that he pursued. All right.
Mr. Williams: Yeah.
Mayon Suarez: Item 5. We're tabling item 6. Item 5.
Commissioner Alonso: I beg... Mr. Mayor...
- Mayor Suarez: Yes.
Commissioner Alonso: I think it's important that they understand what they
have to bring in the afternoon. It seems to me that they are.., at this
particular moment, they are a little bit confused. They should get a
clarification, maybe even listen to the tape of the discussion and go over the
specific questions. I think Commissioner Dawkins had many, many questions,
some of which are the same inquiry that Commissioner Plunner conducted. But
definitely, you should know what to bring back in the afternoon. Are you
clear on what you have to,bring back to this Commission?
Mr. Williams: We need to review... Some of it's similar, Commissioner
Alonso. We just need to review, I guess, the whole series of questions.
Mayor Suarez: Yeah, the basic thrust of it is a comparison...
Commissioner Plummer: God, mine couldn't be any simpler.
Mayor Suarez: ...that shows that this is cost-effective compared to what we
were doing before. It's not that complicated, but to put it on the slide
projector, or on a big cardboard, or something. Every time we ask you one of
these questions you tell me, "Well, I have to calculate this and: that." We
want the global figures. We want the per -house figure. We want a comparison.
We want a proof at least...
Mr. Williams: See...
Mayor Suarez: ...I don't know that he'll be satisfied, but at least an
attempt to prove that, in fact, you can substitute this program for what we
were doing before without it costing the taxpayers, during the current fiscal
year, any money. It's not an easy task to do that.
91 February 9, 1993 =
Mr. Williams: Sure, Mr, Mayor, I understand that. But we went into a series
of discussion regarding one year versus three years, and what this..,
Mayor Suarez: That's more Commissioner Plurmer's concern. I gather what he's
indicating to you in tabling the item is that you ought to engage maybe
another one of you, since one of you can't do everything, in furious
negotiations with these gentlemen to see how they can maybe amortize their
purchase of these capital items 1n a way... or enter into renewable one year
contracts or something so that this formula will work.
Mr. Williams: We just want to be clear, Mr. Mayor.
Commissioner Plummer: I have one other question. Mr. Williams, State mandate
Is compliance totally by what date?
Mr. Odio: Ninety-four.
Mr. Williams: Ninety-four.
Mr. Odio: Ninety-four.
Commissioner Plummer: So, in other words, October 1 of 194.
Mr. Williams: January.
Mr. Odio: January of 194.
Commissioner Plummer: January of 1. So we've got damned near a year that we
can continue to do it in-house, without having to go out to an outside --
contract or to get our house in order.
Mr. Williams: Commissioner Plummer, it doesn't matter whether we do it in-
house or outside. The mandate is on the County and we must participate in -
that.
Comsmissioner Plummer: No, I understand that, sir. But we're not under a gun
_ that it's next month that we have to comply 100 percent.
Mayor Suarez: Begins January 1, 1994.
Mr. Williams: Right.
Commissioner Plummer: Yeah.
Mayor Suarez: All right.
Commissioner Plummer: OK.
= Mayor Suarez: Item 5.
=` Vice Mayor De Yurre: Mr. Mayor? —
Mayor Suarez: Yes, sir,
92 February 9, 1993
Vice Mayor Be Yurre: Before we move away from this, from a legal standpoint,
are we in a position that we can work our own deal with this company as
opposed to what is being presented here today? This was not an RFP, was it?
Mro Odio: No, we...
Mr. Williams: No.
Commissioner Plummer: No, we're...
Mr. Odio: We went to the County's lowest bid.
Commissioner Plummer: We're taking the...
Vice Mayor Be Yurre: We went to the County to tack on to whatever exists
there.
Mr. Williams: Right.
Mr. Odio: Yes.
Vice Mayor Be Yurre: Now, can we legally start making changes to what is
already there, as opposed to having to go out then to an RFP?
Mayor Suarez: Yeah, what he's saying is, we can take advantage of their
economies of scale and all the other competitive matures of what they went
through...
Commissioner Plummer: They said we could do a year.
Mayor Suarez: ...but do a separate agreement, a piggyback.
Vice Mayor Be Yurre: That's what I want to know from the City Attorney.
Mr. Jones: No, you can't make any changes in that. It would have to be...
You'd have to follow what... the same terms and conditions...
Vice Mayor Be Yurre: So, basically, after we've been talking about this for
more than an hour, are we getting down to the conclusion that either we accept
the terms as they exist in the County with this company, or we can't deal with
them, at this point in time? Is that correct or not?
Mr. Jones: That's my opinion.
Vice Mayor Be Yurre: That is correct, sir.
Commissioner Plummer: Then why did they state at the last meeting that they
would accept a one-year contract?
Vice Mayor Be Yurre: We wasted an hour.
Commissioner Plummer: That's different terms and conditions.
Mayor Suarez: All right.
93 February 9, 1993
rl_
Commissioner Plummer: And they said that they would.
Mayor Suarez: It sounds like in those meetings with Mr. Velocci you'd better
have the City Attorney present because...
Commissioner Plummer: Well, wait a minute. Wait a minute. If we are bound
by the County contract and we cannot, in any ways deviate, don't put the
Administration to any more work. As far as I'm concerned, it's over. They're
out. They're gore. Good-bye.
Mayor Suarez: You...
Commissioner Plummer: Now, if that's the case, I mean, let's don't kid each
other. I'm saying, and I've said for the record, I'm voting for a one-year
contract and no more...
Mayor Suarez: Why are we bound...
Commissioner Plummer: ...and I'm only speaking for one.
Mayor Suarez: Why are we bound by the County contract in that sense?
Commissioner Plummer: Well, I didn't think we were.
Mayor Suarez: Mr. City Attorney?
Mr. Jones: What term is the County contract for?
Mr. Odio: ...ninety-seven.
Mr. Jones: My understanding is that you would have to be... If you're
piggybacking off the County contract, you're piggybacking off of the same
terms and conditions. So, to essentially turn...
Mayor Suarez: Why? Why? Why?
Commissioner Alonso: Even though we were not...
Commissioner Plummer: Why?
Mr. Jones: Why? Because you are.
Commissioner Plummer: Why under the...
Mr. Jones: If it's a three-year... If it's a three-year contract which
you're piggybacking off of, if you change it to a year, you're essentially
changing a substantial term of the RFP.
Commissioner Plummer: Let me tell you what that's...
Mayor Suarez: Which is fine. You have two parties who have a contract.
Commissioner Plummer: No, no.
February 9, 1993
Mayor Suarez: You accept all of their terms, except the period of time. That
can be done all the time in the law.
Commissioner Plummer: Mr. Mayor, let me tell you...
Mayor Suarez: I don't think there's any problem with it.
Commissioner Plummer: ...we weren't there from the beginning so I don't think
we're bound by it.
Mayor Suarez: Of course.
Commissioner Plummer: And I don't think there's anything to stop them from
entering into a contract with us direct...
Mayor Suarez: Absolutely.
Commissioner Plummer: ...and forget about the County.
Mayor Suarez: Two parties are absolutely free to contract. There's nothing
in...
Mr. Jones: Well, you know, what you have to understand is that you're not
really entering into a contract with this firm.
Mr. Williams: Right.
Mr. Jones: You're entering into an inter -local agreement with the County...
Mr. Williams: Right.
Mr. Jones: ...to do this particular work.
Mayor Suarez: Mr. City Attorney...
Mr. Jones: Yes.
Mayor Suarez: ..what prevents us from entering into a contract with this
firm...
Commissioner Plummer: Direct?
Mayor Suarez: ...substantially the same terms as the one...
Mrs Jones: Because...
Mayor Suarez: ...they have with the County, but with some modifications to
adjust...
Commissioner Alonso: ...an RFP...
Mr. Jones: Well, you're not...
95 February 9, 1993
Mayor Suarez: ...to our particular timetable?
Mr. Jones: Well you're not contracting with the firm. If you want to
contract directly with the firm, you'd have to go out to bid.
Commissioner Alonso: RFP.
Mr. Jones: And they'd have to respond.
Commissioner Plummer: We've got until January of next year.
Mr. Jones: As I indicated to you, you're entering into the...
Mayor Suarez: What you're saying is that we're prevented from doing that by
what legal requirements...
Mr. Jones: Our procure...
Mayor Suarez: ...of procurement.
Mr. Jones: Our procurement code, yes.
Commissioner Alonso: Inter -local agreement that we have to sign with the
County, even though we were not part from the beginning...
Mr. Jones: Um-hmm.
Commissioner Alonso: ...could not give us some space as to change the length
of the time that we are going to be part of that agreement...
Mr. Jones: My...
Commissioner Alonso: ...since we were not included at the beginning of the
agreement with this company?
Mr. Jones: Commissioner, my opinion would be that if you attempted to change
that and certainly, that would... the onus would not be on you, it would
really be on the County, because the terms have been set by the County and
you're piggybacking off of then:.
Commissioner Plummer: We're beating a dead horse. Mr. Velocci, will you come
to the microphone, sir? You are the holder of the County contract. It is
your opinion, yes or no, that there can be no deviation, or that you have the
right to negotiate with Miami on different terms. What is your opinion, as
the holder of that award?
Mr. Velocci; I am not an attorney, ComEmission, but if there's a substantial
change in the contract, or a material change in the contract, I don't think it
could be done. At all... At all the...
Commissioner Plummer: Those things that we've spoken here today, do you
determine as material or not?
Mr. Velocci: Well, some of them are and some of them aren't.
96 February 9, 1993
Commissioner Alonso: This sounds like a...
Mr. Velocci: I mean, obviously, subject...
Commissioner Plummer: Thank you, Mr. Velocci. It's been nice to know you,
sir.
Mr. Velocci: Nice knowing you too, Commissioner.
Mayor Suarez: Discuss, during the time that this matter is tabled, with staff
and with the City Attorney, what terms are in fact material from your mutual
perspectives and which ones are not. See if you can come up with an agreement
that will obtain the votes of three of us up here, otherwise the matter...
Commissioner Alonso: Can we get, in the meantime... Before they come back
this afternoon, can we check with the County to see if it's possible to enter
into a one-year agreement, and the possibility of extending it to the length
of the agreement?
Vice Mayor Be Yurre: The County has nothing to do with this. It's our City
Attorney that will tell us.
Commissioner Alonso: Yes, it's an inter -local agreement with the County.
Vice Mayor Be Yurre: No, no. But our City Attorney has to give us a legal
opinion whether we are doing the right thing or not, because we're the ones
who are going to get sued,, not the County...
Mr. Jones: Well, I... I'll look it up again, but I've given you an opinion.
Vice Mayor Be Yurre: ...by other companies that would like to have gotten
into this deal.
Commissioner Alonso: Why?
Commissioner Plummer: You see, let me... Maybe I'm completely out of base.
Originally, the County put out the bids. One of the things that the County
demanded of the awardee, which eventually was this company, that you had to
make the same terms and conditions available to any municipality in the County
who wished to take advantage of it.
Mr. Jones: That's right.
Commissioner Alonso: Um-hmm.
Mayor Suarez: Right.
Commissioner Plummer: OK?
Commissioner Alonso: Yes.
Commissioner Plummer: So, it was their bidding procedure.
97 February 9, 1993
Mayor Suarez: Right.
Commissioner Plummer:
advantage of it...
Mayor Suarez: Right.
We're now talking that we maybe would like to take
Commissioner Plummer: ...because it's now up to $1.63 a household, where 1t
was $1.57.
Mayor Suarez: Except you want to modify it, and that's what we don't know if
we can do.
Commissioner Plummer: And then... So, if we can't...
Vice Mayor De Yurre: Well, the deal, J.L., is that there may be companies out
there that did not get the award that would...
Mr. Jones: Yeah.
Vice Mayor De Yurre: ...give a better deal to a municipality like the City of
Miami. So...
Commissioner Plummer: Well, you know, Commissioner Dawkins made a very good
point that I heard. Al right? There are a lot of companies out there
starving to death today. There are a lot of companies out there that are
hungry.
Mayor Suarez: Would you please get back to us, Mr. City Attorney, as to
whether we can modify that agreement to...
Mr. Jones: Well, I...
Commissioner Alonso: The...
Mayor Suarez: ...the extent of limiting the one-year, or retaining an option _
at the end of one year.
Commissioner Plummer: ...send that to negotiations...
Mayor Suarez: And the other significant change that we were proposing is that
- of course, we want to be clear as to the recovery of the capital contribution.
And I think those are the two main items.
Commissioner Alonso: These are the two main issues.
Mayor Suarez: Right. And if that can be done, let's hear it. If not, there -
still may be three votes to do it for three years that the County contract
still has.
Commissioner Alonso: And if you have time, maybe you should check - And I
don't know, it might be that you don't have enough time to check on any of
this, or maybe you have the answer for us - the possibility of other companies
that might be ready to provide the service. This is one good thing about
them. They are ready to start immediately. _
98 February 9, 1993
Mayor Suarez: OK.
Mr. Williams: No. Not that we wouldn't have to... —
Commissioner Alonso: Have you checked into this possibility of other
companies being ready almost immediately?
Mr. Williams: That... There are no companies I'm aware of that can start up
on this kind of time scale... time schedule, Commissioner. They would have
to have had too much of a capital investment.
Commissioner Plummer: Well, you know, let's don't kid ourselves. I think one
of the things that we're looking at... and the name of the game, whether it's
garbage, or whatever it is, is volume.
Commissioner Alonso: Sure.
Commissioner Plummer: Al right? And in this particular case, where this
company has a contract for the entire County, it's kind of starved out any
other company from getting the volume that they have, to be able to provide
the price that they do. So, that makes sense.
Commissioner Alonso: Yeah. And we are a very good client for them - 60,000
households. So, maybe, if legally it could be done, I'm sure they might be
willing to accept, and that will resolve any legal implications that might
exist...
Mayor Suarez: OK.
Commissioner Alonso: ...on this case.
for the afternoon.
Mayor Suarez: Very good.
We11, try to get as much as you can
Mr. Williams: Mr. Mayor, for fear of carrying this any further, just one
point of clarification. Should I hold off meeting with them, until you get
that legal issue resolved?
Mayor Suarez: No, sir. 0o it concurrently.
Mr. Williams: OK.
Mayor Suarez: All right. Item 5.
Commissioner Plummer: That means that they will be getting... Am I correct?
That their cost factor is $96,000 a month? Is that approximate?
Commissioner Alonso: How much did you say?
Commissioner Plummer: Ninety-six thousand dollars a month is what they will
be paid in a fee? Is that approximately?
Commissioner Alonso: Sixty thousand households...
99 February 9, 1993
LN7
1
Mr. Williams: Paying a fee?
Mayor Suarez; What they will be paid, is what he's saying.
Commissioner Plummer: A hundred... A dollar and sixty cents by 60,000.
Commissioner Alonso: Yeah.
Commissioner Plummer: They're going to be...
Mr. Williams: Yes.
Commissioner Plummer: If they're smart, they'll be collecting $96,000 per
month.
Mr. Williams: That's correct, Commissioner.
Commissioner Plummer: So, the first eight months, because of the trucks, we
get free.
Mayor Suarez: All right.
[AT THIS POINT, THIS ITEM WAS TABLED. See label 39.]
------------------------------------------------------------------------------
11. AUTHORIZE ISSUANCE OF RFP FOR THE PROVISION OF BANKING SERVICES REQUIRED
BY THE CITY -- INFORM CITY CLERK IN WRITING OF NAMES OF APPOINTEES TO
SELECTION COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS.
------------------------------------------------------------------------------
Mayor Suarez: Item 5. Authorizing the issuance of a request for proposals,
in substantially the attached form, for banking services required by the City
for a period of three years.
Commissioner Plummer: Question.
Mayor Suarez: Question.
Commissioner Plummer: Is one of the requirements of this RFP that it has to
be a City of Miami facility?
Mr. Carlos Garcia: Yes, sir. That is one of the requirements.
Commissioner Plummer: Well, are you then going to go back? Because as I
recall, one of the banks previously that was awarded was not a City of Miami
bank. How are you going to enforce this one?
Mr. Garcia: Which bank are you referring to?
Commissioner Plummer: I'm talking about People's National Bank, who is not in
the...
100 February 9, 1993
-ffl,
Per. Garcia: OK. That's a different program. That is a minority bank
program. This is for the main depository accounts of the City. We're talking
about the large accounts, the four large accounts the City has.
Mayor Suarez: It's the one we had the big battle one time between now defunct
Southeast and Barnett and the whole bit.
Mr. Garcia: Right.
Commissioner Plummer: Which ones aren't defunct?
Mayor Suarez: All right.
Commissioner Plummer: OK.
Mr. Garcia: Yes.
Mayor Suarez: So, any further questions it it, J.L.?
Commissioner Plummer: No. Just as long as it's a requirement that that bank
has to have its primary, central office in the City of Miami.
Mr. Garcia: Well, they will have an administrative office in charge of this
account in the City of Miami. When you're talking about First Union, or
Barnett, or SunBank, most of those banks have their headquarters outside the
City.
Commissioner Plummer: ,Then I'm not interested... Truthfully, I'm not
interested in them.
Mr. Garcia: Well...
Commissioner Plummer: Local banks need big dollars...
Mr. Garcia: OK.
Commissioner Plummer: ...to get big, big... to be big.
Mayor Suarez: Couldn't we at least... Commissioner, couldn't we at least
require - And would this be acceptable to you? - that the bank in question
have a principal existing office in the City now? Not necessarily like their
headquarters. Like Barnett, I think, is...
Mr. Garcia: I think Barnett has Barnett Bank of South Florida, or Miami, they
have their headquarters in Miami although...
Mayor Suarez: All right. What are some of the other examples?
Commissioner Plummer: Well, Mr. Mayor...
Mayor Suarez: I wouldn't want them, and I think what he doesn't want them to
do...
101 February 9, 1993
Per. Garcia: OK. That's a different program. That is a minority bank
program. This is for the main depository accounts of the City. We're talking
about the large accounts, the four large accounts the City has.
Mayor Suarez: It's the one we had the big battle one time between now defunct
Southeast and Barnett and the whole bit.
Mr. Garcia: Right.
Commissioner Plummer: Which ones aren't defunct?
Mayor Suarez: All right.
Commissioner Plummer: OK.
Mr. Garcia: Yes.
Mayor Suarez: So, any further questions it it, J.L.?
Commissioner Plummer: No. Just as long as it's a requirement that that bank
has to have its primary, central office in the City of Miami.
Mr. Garcia: Well, they will have an administrative office in charge of this
account in the City of Miami. When you're talking about First Union, or
Barnett, or SunBank, most of those banks have their headquarters outside the
City.
Commissioner Plummer: ,Then I'm not interested... Truthfully, I'm not
interested in them.
Mr. Garcia: Well...
Commissioner Plummer: Local banks need big dollars...
Mr. Garcia: OK.
Commissioner Plummer: ...to get big, big... to be big.
Mayor Suarez: Couldn't we at least... Commissioner, couldn't we at least
require - And would this be acceptable to you? - that the bank in question
have a principal existing office in the City now? Not necessarily like their
headquarters. Like Barnett, I think, is...
Mr. Garcia: I think Barnett has Barnett Bank of South Florida, or Miami, they
have their headquarters in Miami although...
Mayor Suarez: All right. What are some of the other examples?
Commissioner Plummer: Well, Mr. Mayor...
Mayor Suarez: I wouldn't want them, and I think what he doesn't want them to
do...
101 February 9, 1993
WPM
Mr. Garcia: Yeah.
Mayor Suarez: ...is to create a tittle office...
Mr. Garcia: No.
Mayor Suarez: ...to handle our account and say, "That's the one that's 1n the
City of Miami."
Commissioner Plummer: That's exactly... Little banks become big because they
get big contracts. OK? And I'm just thinking about my dear friends at Cooper
Lybrand who chose to leave the City of Miami and go out into the County.
Mayor Suarez: Right.
Commissioner Plummer: Now, you know, if they're going to play hands with me
and one hand wipes the other, let them pay their taxes in the City. OK. I
don't have my... Are we looking for five appointments?
Mr. Garcia: Yes, sir. You can give the name to the City Clerk later... at a
later time.
Commissioner Plummer: That will be fine.
Commissioner Alonso: I have mine.
Commissioner Plummer: And they should be City residents?
Commissioner Alonso: I'll give it to you.
Mr. Garcia: It doesn't... There is no requirement of City residence in a...
Vice Mayor Ce Yurre: Carlos, do you have the names of the people we
previously appointed to the last committee?
Mr. Garcia: That was three years .ago, Commissioner. I don't have those names
with me. But I'll... I can give them to you.
Vice Mayor De Yurre: Can you get them for me?
Mr. Garcia: Sure.
Vice Mayor De Yurre: Thank you.
Commissioner Plummer: I'll move item five.
Mayor Suarez: So moved. And I will... Do you want to renominate or reselect
one, Commissioner Alonso,, that you're ready with the name?
Commissioner Alonso: Yes. Mine is Fausto Gomez.
Mr. Garcia: Very good.
102 February 9, 1993
r�$Y�' y�
�i
Mayor Suarez:
Linda Wolf for mine.
All right.
So moved and seconded with
those two names and the rest to be supplied by
the other members of the —_
Commission.
Call the roll.
Commissioner
Plummer: When do you
expect that...
going through the entire
= process that
this wi11 be an award?
= Mr. Garcia:
The old contract will
expire in June. So, we'll have to come
back to the City
Commission prior to
June.
_
Commissioner Plummer: Prior to June.
Mr. Garcia: Yes, sir.
Commissioner Plummer: OK. Thank you.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption: _
RESOLUTION NO. 93-90
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP"), IN =-
SUBSTANTIALLY THE ATTACHED FORM, FOR BANKING SERVICES
REQUIRED BY THE CITY FOR A PERIOD OF THREE YEARS; _-
APPOINTING MEMBERS TO A SELECTION COMMITTEE TO
EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY
MANAGER. —
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plun .er, Jr.
Vice Mayor Victor De Yurre
-= Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: Item 7, approving the Chief Procurement Officers'...
Commissioner Plummer: Seven and eight are withdrawn, Mr. Mayor.
Commissioner Alonso: Yes.
103 February 9, 1993 -
-------------------------------------------------------------------------------
12. RATIFY CITY MANAGER'S ACTION IN EXTENDING CONTRACT WITH KOSTMAYER
rnNgTD1MTTnN COMPANY -- FOR CONTROLLED AIR BURNING OF HURRICANE DEBRIS.
Mayor Suarez: Thank you. Item 9.
Commissioner Plummer: Does the Manager recommend?
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Plummer: Move it.
Commissioner Alonso: Move.
Mayor Suarez: Moved and second. Any discussion on nine? If not, please call
the roll.
The following resolution was introduced by Conrnissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-91
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ACTION IN EXTENDING THE CONTRACT WITH
KOSTMAYER CONSTRUCTION COMPANY, IN THE AMOUNT OF
$942,500.00, FOR AN ADDITIONAL 79 DAY PERIOD FOR
CONTROLLED AIR BURNING OF HURRICANE DEBRIS; ALLOCATING
FUNDS THEREFOR FROM F.E.M.A. OSR #93090.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor Be Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
104 February 9, 1993
i
-r----------r..----w.,.-----..-.......---..«.-..--e...s.--------------- ...-------r.-----
13. RATIFY CITY MANAGER'S ACTION IN EXTENDING CONTRACT WITH FLORIDA
EQUIPMENT AND PARTS -- FOR LEASING OF FOUR BULLDOZERS (INCLUDING
OPERATORS, MAINTENANCE, INSURANCE AND FUEL) FOR HURRICANE DEBRIS
REMOVAL. r
Mayor Suarez: Item 10.
Commissioner Plummer: Does the Manager recommend?
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Plummer: I moue it.
Mayor Suarez: Moved.
Commissioner Alonso: Yes, I second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-92
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ACTION IN EXTENDING THE CONTRACT WITH
FLORIDA EQUIPMENT AND PARTS IN THE AMOUNT OF
$438,540.00, FOR AN ADDITIONAL PERIOD OF THREE MONTHS
FOR THE LEASING OF FOUR BULLDOZERS, INCLUDING
OPERATORS, MAINTENANCE, INSURANCE AND FUEL, FOR
HURRICANE DEBRIS REMOVAL; ALLOCATING FUNDS THEREFOR
FROM F.E.M.A. DSR #89807.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
105 February 9, 1993
a—i.----- --.. --- —w — --------- ---w --�r.r ----------.w. --- ---- — -- — ..a
14. RATIFY CITY MANAGER'S ACTION IN AWARDING BID TO ACTION LAND DEVELOPMENT
CORPORATION -- FOR 'REMOVAL OF HURRICANE DEBRIS.
------------------------------------------------------------------------------
Mayor Suarez: Item 11.
Commissioner Plummer: Does the Manager recommend?
Mr. Cesar Odio (City Manager): Yes.
Commissioner Plummer: I move it.
Mayor Suarez: Moved.
Commissioner Alonso: We didn't have any company in the City of Miami, Mr.
Manager?
Mr. Odio: Excuse me?
Commissioner Alonso: It's a Dade County vendor. _
Mr. Odio: This was during the hurricane services.
Commissioner Plummer: This is ratifying.
Commissioner Alonso: Yeah.
Mr. Odio: Either we'd have to...
Commissioner Alonso: I know.
Mr. Odio: ...we'd have to look and see who bid on this, but I believe that
_— most of our bidders...
Commissioner Alonso: OK. Probably it's better for us to stick with the
company and ratify the...
Mayor Suarez: Get it in...
Commissioner Alonso: ...approve it and confirm it.
Mayor Suarez: ...more cost effective.
Conmi.ssioner Alonso: Yeah. OK. Second.
Mayor Suarez: All right. Second. Any discussion? If not, please call the
roll.
r
106 February 9, 1993
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ACTION IN AWARDING THE BID TO ACTION
LAND DEVELOPMENT CORPORATION IN THE AMOUNT OF
$152*660.00, FOR THE REMOVAL OF HURRICANE DEBRIS FROM
DESIGNATED AREAS IN THE CITY OF MIAMI RIGHTS -OF -NAY;
ALLOCATING FUNDS THEREFOR FROM F.E.M.A. DSR N89807.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
------------------------------------------------------------------------------
15. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE A
CONTRIBUTION IN SUPPORT OF THE SAMARITAN SALT FACTORY.
Mayor Suarez: Item 12, authorizing a contribution to...
Mr. Cesar Odio (City Manager): This was the...
Commissioner Alonso: This is one of the...
Mr. Odio: ...LETF (Law Enforcement Trust Fund) Salt Factory, that was
approved the funding this morning, Commissioner, that you have...
Mayor Suarez: You know, on its face it looks like the most...
Commissioner Plummer: Excuse me. You say it was authorized...
Mr. Odio: You had approved...
Commissioner Plummer: ...for funding this morning?
Mr. Odio: No, you put the funds aside this morning and this is the
individual...
107 February 9, 1993
Mayor Suarez: This is the actual item.
Mr. Odio ...items that we're bringing back to you that we...
Commissioner Plummer: And what do we know about this organization?
Mr. Odio: They offer services to homeless and indigent...
Commissioner Plummer: Have they been around to see the Commissioners...-=
Mr. Odio: I have no idea.
Commissioner Plummer: ...who are asked... being asked to vote on this item?
Mr. Odio: I don't know if they have come around.
Commissioner Plummer: I'll move that this item be deferred.
Mayor Suarez: So moved.
'
Mr. Odio: What...
Commissioner Plummer: Let them come around and explain to me what they do.
Mayor Suarez: I would like... Yeah. I would like for them to brief a member
of my staff...
Commissioner Plummer: Of course.
Mayor Suarez: ...on its face that...
Commissioner Plummer: Prior to the meeting.
Mr. Odio: Are you... -
Mayor Suarez: ...if the gentleman's here...
Commissioner Plummer: Prior to the meeting. Let's get a policy around here
that should be.
Mr. Odio: Here's the Salt Factory, right here.
Mr. John Hoffman: Hello, Commissioner. John Hoffman and I'm the director of
Samaritan Salt Factory. My address is 775 N.E. 70th Street, Miami, Florida.
Commissioner Plummer: Mr. Mayor?
Mayor Suarez: However you want them to handle that.
Commissioner Plummer: I would...
Mayor Suarez: I mean, I respect your request that this should have been done
before.
108 February 9, 1993
Commissioner Plummer: Let me tell you what we're getting ourselves into here,
and we'd better understand it. This is a social kind of program. OK? Social
services that we do, from the funding in July.
Mr. Odio: No.
Commissioner Plummer: Yes.
Mr. Odio: This is drug..-.
Commissioner Plummer:
federal grant.
This would qualify under social services money from the
Mr. Odio: No, this is a Law Enforcement Trust Fund.
Mayor Suarez: What he's saying, I think, is that...
Mr. Odio: Oh, OK.
Commissioner Plummer: You're not listening to me.
Mr. Odio: OK. OK.
Mayor Suarez: ...if we weren't going to use LETF funds...
Commissioner Plummer: All right.
Mayor Suarez: ...it might conceivably qualify for Community Development Block
Grant social service monies.
Commissioner Plummer: It definitely would in my estimation. All right? Now,
we're looking at, in effect, a deviation from the norm. A deviation means
that he didn't get funded in July, under the funds from the social service
money. Now, they're coming from Law Enforcement Trust Funds. Are all of the
others that were denied the right to get funds going to be able to apply for
this?
Mr. Odio: Well...
Commissioner Plummer: And, if so, why is the police chief making those
decisions, instead of this Commission...
Mr. Odio: Well...
Commissioner Plummer: ...who has to make therm and in July have to say no to
ones that we have to say because of monetary constraints.
Mr. Odio: Then you have...
Commissioner Plummer: It's wrong.
Mr. Odio: Then you have to apply it to the Do the Right Thing and all the
others.
109 February 9, 1993
Commissioner Plummer: Sir, I have no problem... No, Do the Right Thing is an
educational program strictly. It is not a social program. I'm saying to you
that as good as this organization may be, and I don't know because I don't -
know this organization, this is the kind of thing that could qualify under
social programs under the Community Development grants. Now, if you're going
to allow everyone who wants to apply to apply under the LE... the Law
Enforcement Trust Funds, and let the police chief take all of the heat...
1_
Mr. Odio: No. #.=
Commissioner Plummer: ...because... What do you mean "no"?
Mr. Odio: These have to be drug -related. It cannot be any social program.
Commissioner Plummer: Sir, I can show you program after program that says
they're drug -related. OK?
Mayor Suarez: Yeah, I guess every social service program, in a sense, 1s... _
Commissioner Plummer: Absolutely.
Mayor Suarez: ...crime preventive, but I mean...
Commissioner Plummer: Camillus House will tell you they're drug -related,
alcohol -related. This one says alcohol.
Mayor Suarez: All right. But what you were objecting though...
Commissioner Plummer: I'm... first the process...
Mayor Suarez: ...more to the procedure whereby you were not briefed on this?
Or are you now saying that this just sounds too much like a social service
program, which should really first...
Commissioner Plummer: I'm saying... I'm saying both.
Mayor Suarez: ...you know, go into the...
Commissioner Plummer: I'm saying both. First and foremost, if they want my
vote, I think they should come around to each Commissioner, or to our staff,
and explain what they do with the program. I haven't seen a budget for this
organization. I don't know who the principals are of this organization. I
don't know what they accomplish. I don't even know if they're in the City of
Miami.
Mayor Suarez: Does the Administration, just out of curiosity... Does the...
Commissioner Plummer: Do they administer to people in the City of Miami only?
Mayor Suarez: Does the Administration have answers...
Mr. Hoffman: Yes, it...
Commissioner Plummer: I don't know.
110
February 9, 1993
Mayor Suarez: ...to those questions, just on your own? Are you satisfied...
Commissioner Plummer: We should know that in advance of asking us to vote.
Mayor Suarez: I understand. I understand. But, I mean, at least, since
you've begun to inquire and we're here, do you have answers to those? Are you
satisfied on all of those? Or should we just defer the item?
Lt. Joseph Longuelra: Sir, they're located at 60 N.E. 80th Terrace. OK? The
chief has looked into this and he's satisfied that they comply and he would
like to support them.
Commissioner Plummer: Yeah, but you see, the chief doesn't vote up here. And
the chief doesn't have his proverbial hanging out, that gets roasted in the
newspaper. We are because we're the ones who have got to vote yes or no. Do
they handle City of Miami clientele only?
Mr. Hoffman: Yes, we do and...
Lt. Longueira: Only.
Commissioner Plummer: One hundred percent?
Mr. Hoffman: Yes, they're City of Miami and they come from a homeless
background downtown and they're being reimplemented back in the City with jobs
and medical benefits and everything.
Commissioner Plummer: How long have you been in existence?
Mr. Hoffman: One year.
Commissioner Plummer: And what is your... One year?
Mr. Hoffman: Yes, sir.
Commissioner Plummer: And what is your total funding? I mean, all of these
things we should have known prior to this meeting.
Mr. Hoffman: Our total funding, right now, is just the LETF. That's all we
get... from total funding.
Commissioner Plummer: From the City of Miami?
Mr. Hoffman: That's it.
Commissioner Plummer: So, you have no funding at all right now.
Mr. Hoffman: Other than that, we receive rental income from the residents
that are there, and we get private donations because we're a nonprofit
organization.
Commissioner Plummer: Are you a nonprofit?
111 February 9, 1993
4
Mr. Hoffman: Yes, we are.
Commissioner Plummer: You're a corporation under the State of Florida 5010
- - Mr. Hoffman: Yes, we are.
Commissioner Plummer: Who are the principals of this thing? —
Mr. Hoffman., The principals... I'm the executive director.
Commissioner Plummer: And what is your background?
t—
Mr. Hoffman: My background is I've had six years experience on the streets of
Miami, as far as a minister on the streets of Miami. —
Commissioner Plummer: And what degrees do you hold? -
Mr. Hoffman: I don't hold any degrees, sir.
Commissioner Plummer: And you suddenly have become an expert overnight.
Mr. Hoffman: I've never said I was an expert, sir.
Commissioner Plummer: OK. But I'm... Well, I'm assuming if you're running {
the program, you would surely be...
Mr. Hoffman: Well, I'm not an expert, sir. -
Commissioner Plummer: OK. And who else is involved in this program?
Mr. Hoffman: Well, we've got a board of directors... six people on the board
of directors and we've got...
Commissioner Plummer: And who are they?
Mr. Hoffman: You want the names, is that what you want?
-X Commissioner Plummer: Well, sir, all of this is something we... 4
Mr. Hoffman: OK. -�
Commissioner Plummer: ...we could wind up... Excuse me. Just so you know
that I'm not picking on you directly. All right? _
Mr. Hoffman: I understand.
Commissioner Plummer: We could be embarrassed, if we didn't know. OK? I
mean, you know...
Mayor Suarez: He is not being unduly ornery with you. He is like this with
everybody. Go ahead.
Commissioner Plummer: That's true.
r;
F 112 February 9, 1993
Mr. Hoffman., Yeah, I understand. All of this information though... Just to
explain my position really quick.
Commissioner Plummer: How do I know that Pablo Escobar is not a member of the
- board?
Mr. Hoffman: All of this information had been supplied to the Chief of
Police, so he has all this information.
Commissioner Plummer: Well, that's fine. He isn't voting.
Mr. Hoffman: I didn't know that... I didn't know that you hadn't received
this information, see. So...
Commissioner Plummer: Well, I ask that this...
Commissioner Alonso: ...a view about the budget.
Mr. Hoffman: Pardon me?
Commissioner Plummer: The budget is zero. He has no budget.
Mayor Suarez: You know, you've Illustrated, sir...
Commissioner Alonso: But...
Mayor Suarez: If I may? You've illustrated, sir, a problem that we have
here. He asked a simple question...
Mr. Hoffman: Yes.
Mayor Suarez: ...who are your six members.
Mr. Hoffman: OK. Six...
Mayor Suarez: By not answering that simple question, which, presumably, you
must have at your fingertips, we have engaged in about a two minute
discussion...
Mr. Hoffman: OK.
Mayor Suarez: ...where by now you would have given us the six members. Who
are they?
Mr. Hoffman: OK. The six members are myself, John Hoffman. I'm the
executive director. Arlene Hoffman, my wife, she's the secretary. John
Hawk...
Mayor Suarez: OK. You and your wife, we've got two out of six.
Mr. Hoffman: Right.
Mayor Suarez: Who are the other two?
113 February 9, 1993
Mr. Hoffman: John Hawkins is the vice president. Luis Gonzalez, from Miami,
he's a member. we've got Michael Roach, he's another member, and Dee Spears.
Mayor Suarez: And?
Mr. Hoffman: Dee Spears.
Mayor Suarez: Dee Spears.
Mr, Hoffman: Those are the names. Now, if you want the addresses, I can
provide them for you and what their backgrounds are.
Commissioner Plummer: Mr. Mayor, I think it is only proper that the matter
should come through a normal, regular channel procedure. And that should be
that they have the opportunity to speak with the Commissioners or their staff,
in advance of the meeting, so that we can be briefed. All of these questions
could be answered much in advance...
Mayor Suarez: Yeah. As a procedural thing, I do want to say, Commissioner
Plummer and Mr. Hoffman and Lieutenant, for myself, if the Administration
recommends, it's fine. My staff might have some questions, but the
Commissioner gets very involved on a personal level. He wants to know who
these folks are. So, do you want to table or do you want to defer,
Commissioner? You had a motion to defer.
Commissioner Plummer: Sir, I would ask to defer. The same with the next
Item...
Mayor Suarez: All right.
Vice Mayor De Yurre: Yeah, Mr. Mayor...
Commissioner Plummer: ...which is an institute that...
Mayor Suarez: Yes, Commissioner.
Vice Mayor De Yurre: ...if I can say something.
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor De Yurre: I have to agree with J.L., you know. At least the
Administration has to have an awareness of what... you know, whenever we give
out a contract in the City, who was the person who Is receiving the contract?
What is their background? Are they capable of doing the job they are being
contracted for? Things of that nature.
Commissioner Plummer: Well, Victor, and I...
Vice Mayor De Yurre: That has to exist.
Commissioner Plummer: And I'm also very, very much now getting more parochial
everyday, that our dollars are going to save our people. OK? I'm sorry, but
I'm getting that way more so everyday...
_ 114 February 9, 1993
tg 1 j i - � j ' •x„
77
Vice Mayor De Yurre: But, J.L...
Commissioner Plummer: ...that my tax dollars are addressing the problems of
the people who are paying the taxes.
Vice Mayor De Yurre: And that it goes to people who are in a position that '=
have the know-how to do what they're supposed to be contracted for.
Commissioner Plummer: Agreed.
Vice Mayor De Yurre: Because if not, then, you know, you're throwing money
away or it being used for other purposes. a`
Commissioner Plummer: Well, I'll tell you. You know, how this came about? I -
told you at the last :meeting. When I went through a budget of somebody from =
the TDC (Tourist Development Council) 51 percent of their budget was for mail.
Now, that isn't what we were all about.
Mayor Suarez: All right. As to the item before us, we have a motion to
defer.
Commissioner Plummer: I move to defer.
Mayor Suarez: And it has been seconded. Madam City Clerk? We have a motion
to defer and it has been seconded.
Commissioner Plummer: That's all to 12 and 13, Mr. Mayor.
Ms. Matty Hirai (City Clerk): It's just a... It was a motion to defer by
Commissioner Plummer. No second, sir.
Mayor Suarez: OK. It's been seconded now by the Vice Mayor. Call the roll,
please.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY VICE MAYOR DE YURRE, ITEM 12 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Is that 12 and 13 or just 12?
Mayor Suarez: Just 12. =
115
February 9, 1993
Commissioner Plummer: OK,
-------------------------- -----------------_ --__r-._—.`.rr.W...:w.-wy te.r—_.r--e�+rrt�+wri
16. DISCUSS AND DEFER PROPOSED RESOLUTION TO AUTHORIZE FUNDING OF THE
EFFICACY INSTITUTE, INC.'
-------------------- ---------------------------------------------------_-_-___
Mayor Suarez: On item 13, you have the same motion, Canmissioner?
Commissioner Plummer: Same.
Mayor Suarez: All right. So moved Do you want to second?
Commissioner Alonso: Second.
Mayor Suarez: OK. Second. We've got two...
Commissioner Plummer: Mr. Mayor, this is... For the record, this is not
speaking down of the groups, but I think we need more information.
Mayor Suarez: I understand. All right. Moved...
COMissioner Alonso: Do they have a representative of...
Mayor Suarez: Efficacy...
Commissioner Alonso: ...this group and 13? No?
Mayor Suarez: Efficacy Institute is not represented. OK. Call the roll on
13.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED SY COMMISSIONER ALONSO, ITEM 13 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: ConuM ssloner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
116 February 9, 1993
--------.-----------r..-w.e ----------------.s-------Ir-----r.. ---------------------
17. AUTHORIZE PURCHASE OF A DIGITAL MICROPRINTER AND ACCESSORIES.
-------------------------------------------------------------------------... ---
Mayor Suarez: Item 14.
Commissioner Plummer: On 14, Mr. Manager, how does this fit in, or not fit
in, with a central dispatch facility?
Mr. Odio: ...has nothing to do with the dispatching. It's microfilming...
Commissioner Plummer: What is this microprinter for?
Mr. Odio: It's microfilming of all our...
Lt. Joseph Longueira: Sir,..
Commissioner Plummer: This is not microfilming. It's a microprinter.
Lt. Longueira: Right. Sir, what it...
Commissioner Plummer: And what does it do?
Lt. Longueira: OK. Sir, it's a printer that reads microfilm of all our
records, police reports, things like that. And when we get public records
requests, we can search back years. And it also...
Commissioner Plummer: Move item 14.
Lt. Longueira: ...enhances the image and prints 1t out.
Commissioner Plummer: Yeah.
Lt. Longueira: It's something we need.
Commissioner Plummer: That's all so nice. You know, it costs us $166 for
each accident report writes and we sell them for eight dollars, strictly for
the convenience of the insurance companies. One of these days we'11 be as
smart as California and not write accident reports. Take it from there,
Commissioner Alonso: Second.
Mayor Suarez: OK. Moved and seconded. Any discussion?
Commissioner Plummer: They don't even write them.
Mayor Suarez: What was the motion? I'm sorry?
Commissioner Plummer: They don't even write them.
Mayor Suarez: To approve?
117 February 9, 1993
Commissioner Alonso: How did they resolve the...
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-94
A RESOLUTION AUTHORIZING THE PURCHASE OF A DIGITAL
MICROPRINTER AND ACCESSORIES AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $15,000, FROM THE
LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING
BEEN APPROVED BY THE CHIEF OF POLICE AND BEING SUBJECT
TO APPLICABLE CITY CODE PROCUREMENT PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer•, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Excuse me. Just for the edification.
Commissioner Alonso: Yes.
Commissioner Plummer: In California, suddenly they realized that they were
doing this strictly for the convenience of insurance companies and if the
insurance companies wanted it, they'd write their own and they did. And they
now write accident reports for their benefit. They don't write them. It's
interesting.
Mayor Suarez: It's worse than that, because they're... we're also, for the
benefit of insurance companies, holding up traffic while, you know, the tow
trucks get there and everything else.
Commissioner Plummer: And you've got no fault. I vote yes. I'm sorry to
interrupt.
118
February 9, 1993
------------------i'------------------- ram.-------- ----- --------------------------
18. ACCEPT BID: AMERICAN LIGHTING MAINTENANCE -- FOR GRAPELAND HEIGHTS
PARK - SPORT LIGHTING PROJECT PHASE II (2ND BIDDING) B-2958-B.
--------------_-------------------------------------------------r-----------..---
Mayor Suarez: Item...
Commissioner Plummer: Fifteen.
Commissioner Alonso: Fifteen.
Mayor Suarez: ... fifteen.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion on 15? Call the roll.
Commissioner Dawkins: How long will these lights... before these... this
will get done?
Mayor Suarez: Hold the roll call. I'm sorry. Commissioner Dawkins.
[AT THIS POINT, THE CITY CLERK BEGAN CALLING ROLL CALL.]
Commissioner Plummer: He asked a question. —
Mayor Suarez: Can you hold it?
Ms. Matty Hirai (City Clerk): Oh, I am sorry.
Commissioner Dawkins: Go ahead. -
Ms. Hirai: I am sorry.
Mr. Cesar Odio (City Manager): I believe it's 90 days, Commissioner.
Mr. Wally Lee: Three months, yeah. _
Mayor Suarez: OK.
=j Commissioner Dawkins: I'll ask it after the vote. Go ahead, Mr. Mayor.
Mayor Suarez: It's already post... been answered. What is it, Wally?
-71 Mr. Odio: Ninety days.
-A
Commissioner Alonso: Ninety days.
119 February 9, 1993
Commissioner Dawkins; Ninety days to completion or 90 days to letting it out?
Mr. Lee: No, to completion, sir,
Commissioner Dawkins: And.,. OK.
are out of school.
Mr. Odio: Yeah.
So it will be ready for the time the kids
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-95
A RESOLUTION ACCEPTING THE BID OF AMERICAN LIGHTING
MAINTENANCE, INC., IN THE PROPOSED AMOUNT NOT TO
EXCEED $140,020.00, TOTAL BID OF THE PROPOSAL, FOR
GRAPELAND HEIGHTS PARK - SPORT LIGHTING PROJECT PHASE
II (2ND BIDDING) B-2958-B; ALLOCATING FUNDS THEREFOR
FROM FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT ORDINANCE
NO. 10938, PROJECT NO. 331310, AND INSURANCE
REIMBURSEMENT IN THE AMOUNT OF $14OtO2O.00 TO COVER
THE CONTRACT COST AND $23,305.60 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$163,325.60; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
120
February 9, 1993
Y
rYaa----------------------W.rs----------------------------ww—'-------ww—.--------irww iLwl
19. APPOINT INDIVIDUAL TO SERVE AS ALTERNATE MEMBER OF THE PLANNING ADVISORY
BOARD (Appointed was: Ofelia Tabares Fernandez).
Mayor Suarez: Item 16.
Commissioner Alonso: It's yours,
Mr. Cesar Odio (City Manager): It's Commissioner... Mayor Suarez.
Commissioner Plummer: Who is it... Oh, Suarez.
Commissioner Alonso: Yes.
Mayor Suarez: Alternate member. Now, I got a letter from Mr. Raymond Asmar
saying that he wanted this appointed. I had also met with Ms. Tabares. Does
anyone know why both lay a claim to this seat?
Mr. Odio: Well, Ofelia Tabares was your prior appointment,
Mayor Suarez: Right. What about... Why was Ray Asmar... He's been around
the PAB (Planning Advisory Board) forever and ever and ever.
Commissioner Plummer: Was he a full member or an alternate?
Mayor Suarez: Joe, do you remember what happened there that he...
Mr. Odio: Alternate.
Commissioner Alonso: No, he was not on the board at the present time.
Mr. Joe McManus: Mr. Mayor, this was on a former agenda and it's...
Mayor Suarez: Oh, I know. I know. And I took a delay...
Mr. McManus: ...the same... and you made the...
Mayor Suarez: ...because I wanted to spend some time with Mrs. Tabares. But
then I got a letter from Mr. Asmar.
Mr. McManus: Well, based on your comment, we alerted the other people who had
applied that you might be, perhaps, interested in talking with them.
Mayor Suarez: But do you remember how Mr. Asmar got to be on board and later
how he got to not be on the board?
Commissioner Alonso: He is not. He is not. He was not reappointed.
Mr. McManus: Well, he was not... He was formerly on the board. He was not
reappointed at some point back in time.
121 February 9, 1993
Mayor Suarez:
reappointing.
So moved.
I see. And you don't remember who did the appointing or non -
OK. I'll just renominate then Ms. Tabares... Mrs. TaEbares.
Commissioner Plummer: That's the only one open. I'll second the motion.
Commissioner Alonso: Second.
Mayor Suarez: Call the roil, please.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 93-96
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS AN
ALTERNATE MEMBER OF THE PLANNING ADVISORY BOARD OF THE
CITY OF MIAMI, FLORIDA, TO SERVE A TERM AS DESIGNATED
HEREIN.
(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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
20. APPOINT INDIVIDUAL TO SERVE AS MEMBER OF THE OFFICE OF PROFESSIONAL
COMPLIANCE ADVISORY PANEL (Appointed was: Peter Bellas, Esq.).
Mayor Suarez: Item 17.
Mr. Cesar Odio (City Manager): It's Mayor Suarez...
Commissioner Alonso: It's also yours.
Mr. Odio: Yours.
Mayor Suarez: OK. I nominate Peter Bellas, B-E... Does this one have to
live in the City?
122 February 9, 1993
kqW
Mr. Odio: Yes.
Mayor Suarez: Peter Bellas, B-E-L-L-A-S, attorney. I'll make that in the
form of a motion.
Commissioner Dawkins: Second.
Commissioner Plummer: Second,
Mayor Suarez: Second. Call the roll on 17.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-97
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A
MEMBER OF THE CITY OF MIAMI OFFICE OF PROFESSIONAL
COMPLIANCE ADVISORY PANEL FOR A TERM OF OFFICE AS
DESIGNATED HEREIN.
(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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
21. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE AFFIRMATIVE
ACTION ADVISORY BOARD (Appointed were: Bob Vallador & Jesus Roiz;
reappointed were: Sam Mason 8 Nora Hernandez Hendrix).
-------------------------------------------------------------------------
Mayor Suarez: Item 18.
Mr. Cesar Odio (City Manager): We need two appointments from Mayor Suarez,
one from Commissioner De Yurre, one from Commissioner Dawkins, and one from
Commissioner Plummer.
Commissioner Plummer: On the... which one?
Mr. Odio: Janet Grigsby, no?
123 February 9, 1993
3AWL
Commissioner Plummer: Oh, on 18.
Commissioner Dawkins: Affirmative Action or...
Mr. Odio: Affirmative Action.
Commissioner Plummer: Yeah.
Mayor Suarez: Affirmative Action Advisory Board.
661
Commissioner Plummer: Do they make any recommendations?
Mr. Odio: Yes, they do.
Commissioner Dawkins: OK. I'll reappoint Sam Mason.
Commissioner Plummer: I don't have their list of recommendations.
Commissioner Dawkins: The Man... Mould somebody give Mr... Commissioner
Plummer...
Ms. Hattie Daniels: Oh,' in terms of nominations, no, there aren't... They
didn't make any recommendations for nominations.
Mr. Odio: No. Oh, I mean, no, they didn't... On names, no. I thought you
were asking about the...
Commissioner Plummer: Well, I'm not prepared, I'll have to skip over until
the next meeting. -
Commissioner Dawkins: OK. I reappoint Sam Mason and I reappoint Norma
Hernandez Hendrix.
Mayor Suarez: I'll nominate Bob Vallador and Jesus Roiz.
Commissioner Plummer: Anybody else?
Mayor Suarez: OK. With those three, in the form of a motion and a second.
Commissioner Plummer: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Call the roll.
=I
124 February 9, 1993 --
The following resolution was introduced by Commissioner Plummer$ who
proved its adoption:
RESOLUTION NO. 93-98
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AND
CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL TO SERVE
AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Item...
Commissioner Plummer: Nineteen.
Ms. Daniels: Excuse me, Mayor.
Mayor Suarez: ...nineteen.
Commissioner Alonso: And this is...
Commissioner Plummer: This is yours.
Mr. Odio: Commissioner Alonso...
Mr. Daniels: Mayor Suarez, excuse me. Did Commissioner De Yurre reappoint
Laurastine Pierce, or...?
Vice Mayor De Yurre: No, I'm going to withhold on that and then I'll let you
know.
125 February 9, 1993
�w4
i
�w
r
...—.r..er.—.o..------------...........----t. —---..,........--.s--------....—:.,r..—..----.».:...®....----64 '«.
22. DISCUSS AND MOMENTARILY TABLE APPOINTMENT OF INDIVIDUAL TO SERVE AS A
MEMBER OF THE HEALTH FACILITIES AUTHORITY (See label 36).
------------------------------.----------------------------W_--------------------
Mayor Suarez: OK. Item 19.
Mr. Cesar Odio (City Manager): Nineteen is Commissioner Alonso.
Commissioner Alonso; Yes. They have to be residents of the City of Miami?
Mr. Carlos Garcia: I think that is a requirement.
Mr. Odio: Yes.
Mr. Garcia: I believe so.
Commissioner Alonso: Well, that's the problem I have, because the person I
had, I was ,just informed is not living in the City of Miami. So, I'll try to
cane back in the afternoon...
Mr. Garcia: OK. Thank you.
Commissioner Alonso: ...with a name. So, let's table this item.
------------------------------------------------------------------------------
23. APPOINT INDIVIDUALS TO SERVE AS REGULAR / ALTERNATE MEMBERS OF THE CODE
ENFORCEMENT BOARD (Appointed were: Ileana Morales, Ruben Avila & Jacques
Despinose) (See label 37).
Mayor Suarez: OK. On iteem...
Commissioner Alonso: Twenty...
Commissioner Plummer: Item 20.
Mayor Suarez: Twenty.
Commissioner Plummer: Can I move to abolish the board?
Mr. Cesar Odio (City Manager): What's that?
Commissioner Dawkins: Second.
Mr. Odio: Whet did you say?
Commissioner Plummer: Move to abolish Code Enforcement, save a million
dollars.
126 February 9, 1993
Mayor Suarez: Who is up for...
Commissioner Plummer: Guess what, Mr. Mayor...
Mayor Suarez: Yes, sir.
Mr. Odio: You need...
Commissioner Plummer: ...we've hit the... we've gained the... attained...
Mayor Suarez: I see. I see.
Commissioner Alonso: One of the...
Commissioner Plummer: ...the high level of $50,000,000 in liens.
Mr. Odio: Mayor Suarez, you had John McBride and he resigned.
Mayor Suarez: All right.
Mr. Odio: So you need an appointment there.
Commissioner Dawkins: Willy Calhoun resigned.
Commissioner Alonso: I have one appointment.
Commissioner Dawkins: I've got an appointment.
Commissioner Alonso: Ileana Morales.
Mr. Odio: Commissioner De Yurre has two. Commissioner Alonso has two.
Mayor Suarez: OK. She just put one in the record and Commissioner Dawkins
just put one in the record.
Commissioner Plummer: I thought we were going to...
Mr. Odio: OK.
Commissioner Dawkins: Jacques Despinosse.
Mayor Suarex: Jacques Despinosse. And we've got Ileana Morales?
Commissioner Alonso: Yes+.
Mayor Suarez: OK.
Commissioner Plummer: Hold on. I've got one somewhere here.
Mayor Suarez: What are the liabilities and assets of this board? Do they
have to live in the City, we've established that?
Commissioner Alonso: Yes.
127 February 9, 1993
-5
Mr. Odio: Yes.
Mayor Suarez: And what are the goodies? Why do I get the impression that
this board has some kind of compensation or a stipend or anything? It's just
like every other board.
Mr. Odio: No compensation.
Mr. Sergio Rodriguez (Assistant City Manager): They don't get any
compensation, no.
Mayor Suarez: So, the impression I have is incorrect,
Commissioner Alonso: It's time-consuming and long work.
i Mr. Rodriguez: That's the Planning Board... Zoning Board.
Mayor Suarez: It's time-consuming and...
Commissioner Plummer: No, he resigned. The guy's name is Avina... Hold on.
Mayor Suarez: I'll nominate Joe Wilkins.
Commissioner Dawkins: Which one are we on now?
Mayor Suarez: Still on Code Enforcement.
Commissioner Plummer: You can't do Wilkins.
Commissioner Dawkins: OK.
Mayor Suarez: Why?
Commissioner Plummer: No, Wilkins was my appointment previously to the
Nuisance Abatement Board and resigned because he became a PSA (public service
aide). You're talking about Wilkins from the Roads Section?
Mayor Suarez: Yeah. He's a PSA 1n the City?
Commissioner Plummer: Yeah.
Mayor Suarez: Oh.
Commissioner Plummer: That's why he had to resign.
Mayor Suarez: Very good. Then I have to withhold.
Commissioner Plummer: What in the hell did I do with that?
Commissioner Alonso: It's becoming...
Mayor Suarez: It is becoming...
Commissioner Plummer: As soon as I find it, I'll come back to my...
128 February 9, 1993
s `x
Mayor Suarez: We wanted to do this so people could participate on a lot of
boards and things and now we have so marry that we're having a hard time
finding live bodies.
Commissioner Alonso: Yes.
Mayor Suarez: I'm looking around the room here to see if I can get some
volunteers.
Commissioner Plummer: Well, you're also finding a lot of people are getting
disgusted because they don't do anything.
Mayor Suarez: Everybody smiles. What about Mr. King himself?
Commissioner Plummer: Where is... Hello.
Mayor Suarez: Do you want to be on the Code Enforcement Board? Can you do
that without a conflict?
Unidentified Speaker: Absolutely not.
Mayor Suarez: All right.
Commissioner Plummer: I can't find my appointments.
Mayor Suarez: OK. Plehse... Did we call the roll on the ones that were
appointed, Madam City Clerk on item 20?
Commissioner Plummer: I'm sorry, Mr. Mayor. dine is...
Ms. Matty Hirai (City Clerk): Do you have yours, Victor? No?
Commissioner Plummer: ...for Code Enforcement, who will be there strictly to
destroy the board - Ruben Avila, A-V-I-L-A.
Mayor Suarez: OK. an Ruben...
Commissioner Plummer: If he can't straighten them out, nobody can...
Mayor Suarez: ...and the other nominees that were put on...
Commissioner Plummer: ...because he'll take them to a $100,000,000 in liens.
Mayor Suarez: Call the roll before he...
Vice Mayor De Yurre: Now, do I have two appointments also?
Commissioner Plummer: They don't do it.
Mayor Suarez: Commissioner De Yurre... Vice Mayor De Yurre.
Commissioner Plummer: What?
129 February 9, 1993
Mr. Odio: Yes.
Vice Mayor De Yurre: I have two?
Mr. Rodriguez: Yes.
i
Vice Mayor De Yurre: OK. I point H.T.
Smith and Johnny McMillan.
Mayor Suarez: All right.
Commissioner Plummer: To what?
Vice Mayor De Yurre: Only kidding guys.
I'll give you my names later.
Mayor Suarez: All right. Item 20, do
we have a motion and a second on the
'r
ones that were submitted?
Ms. Hirai: No, sir.
Mr. Odlo: On twenty...
Commissioner Alonso: I so move.
�s
Mayor Suarez: Moved. Second somebody?
Commissioner Plummer: Second.
--
Mayor Suarez: Call the roll, please.
Commissioner Plummer: That's to abolish
the board, right?
The following resolution was introduced by Commissioner Alonso, who
moved its adoption: ,
RESOLUTION NO. 93-99
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS AND AS ALTERNATE MEMBERS ON THE CODE
ENFORCEMENT BOARD OF THE CITY OF MIAMI, FLORIDA, FOR
TERMS AS DESIGNATED HEREIN.
(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:
130 February 9, 1993
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
24. APPOINT i REAPPOINT INDIVIDUALS TO SERVE AS REGULAR J ALTERNATE MEMBERS
OF THE INTERNATIONAL TRADE BOARD (See label 38, listing appointees).
------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): On the next one, Mr. Mayor, each one of you
has four appointments...
Commissioner Alonso: And two alternates.
Commissioner Plummer: I would...
Mr. Odio: ...and then two alternate members. In other words, six per
person - four permanent and two alternates.
Commissioner Plummer: One, two...
Vice Mayor De Yurre: Do we have a record on attendance?
Commissioner Plummer: ...three... That's ITB (International Trade Board).
Mr. Odio: Of the board members?
Vice Mayor De Yurre: Yes. Yes.
Mr. Odle: Yes, we have to have it somewhere.
Commissioner Plummer: Wait a minute. Wait a minute. What...
Vice Mayor De Yurre: I would like to have a... you know, attendance record
to see if they're active or not, so...
Commissioner Plummer: Who... On the ITB?
Vice Mayor De Yurre: Yeah.
Mr. Odio: Yeah.
Commissioner Plummer: Who in particular? I'll tell you.
Vice Mayor De Yurre: Well, basically, my appointments. Well, obviously,
Manny Gonzalez...
131 February 9, 1993
v tr
Commissioner Plummer: Always... No, Manny is no longer a member of the
board.
Vice Mayor Be Yurre: He's an mployee now.
Commissioner Plummer: He's an emolovee.
Vice Mayor Be Yurre: OK. Omar Saiinero.
Commissioner Plummer: Is always there.
Vice Mayor Be Yurre: Always there.
4
Commissioner Plummer: Let me tell this Commission, one of the nice things
about ITO is the tremendous interest of the board members. OK? Now, if you
want a list, I'll be glad to provide you with...
Vice Mayor Be Yurre: No, at least my four. Now about Dwayne Wynn?
i
Commissioner Plummer: Who?
Vice Mayor Be Yurre: Dwayne Wynn.
Commissioner Plummer: Yes.
Vice Mayor Be Yurre: And Mundi Martinez, Osmundo.
Commissioner Plummer: Yes, of course.
Vice Mayor Be Yurre: So,.they're all... So, I just need to replace Manny.
Commissioner Plummer: Yes, sir.
Mayor Suarez: Is there anyone that you would... Let us put it this way, is
there anyone who is not serving on this board?
Commissioner Alonso: No, I think we have to name all of the board, because it
has to start all over. We all have six appointments.
Mayor Suarez: Anyone that is not fulfilling their obligations or that has
asked not to be reappointed?
F`.
Commissioner Plummer: Four. Four, isn't it?
a�
Mr. Odio: You have to reappoint the whole board.
Commissioner Alonso: Yes. The whole board.
Unidentified Speaker: The whole board.
Commissioner Plummer: Yeah. But it's not six appointments.
Mayor Suarez: Commissioner...
132 February 9, 1993
ft
rF
Commissioner Alonso: Oh, six.
Commissioner Plummer: Six would be...
Commissioner Alonso: Each one of us.
Mr. Odio: It's four permanent... four regular and two alternate.
Unidentified Speaker: And two alternates.
Commissioner Alonso: Yes.
Mayor Suarez: Right. But is there anyone that you can tell us who doesn't
want to be reappointed or clearly is not fulfilling their obligations without
saying anything uncharitable hers?
Commissioner Plummer: The only one, Mr. Mayor, that I know of is Manny, Manny
Rodriguez, who 1s now a member of the board.
Mayor Suarez: OK. I'll renominate all four of mine then.
Commissioner Plummer: Carmen... All right. Let me go down the line. OK?
These of yours, Mr. Mayor, are in order. Armesto is still in order. Carmen
Lunetta by Dr. Alonso - I have never seen Carmen Lunetta at a meeting.
Commissioner Alonso: Remember the list that we got...
Commissioner Plummer: OK.
Commissioner Alonso: ...that they wanted us to nominate these individuals?
Commissioner Plummer: Yes, I remember.
Commissioner Alonso: That's how I got him in.
Commissioner Plummer: OK. What I'm saying is that I've never seen him there.
Commissioner Alonso: That's what they told me. Yes.
i
Commissioner Plummer: Bob Bound, Toledo...
Commissioner Alonso: We were trying to get him there.
Commissioner Plummer: ...Maria Saunders... Mr. Mayor, I would say to you,
sir, with the exception of Carmen Lunetta, everyone else, to my knowledge, is
of great attendance there.
Mayor Suarez: All right. I'll renominate my four and alternates... two
alternates. Is it in order to reshuffle alternates to be regulars and
regulars to be alternates, so that some people who might want to be
regulars...?
133 February 9, 1993
Commissioner Plummer: Well, basically, what you do, you nominate four and
then you nominate two alternates.
Vice Mayor De Yurre: Now, do the alternates...
Commissioner Dawkins: Four or three? Four or three, now?
Commissioner Plummer: No, four members and two alternates. By the Mayor...
I don't know why this came about, but by the Mayor...
Commissioner Dawkins: Because he's the Mayor, that's why.
Commissioner Plummer: ...Alonso, everybody but De Yurre...
Commissioner Alonso: Everybody.
Commissioner Dawkins: Has got four?
Commissioner Plummer: Everybody has four, except De Yurre.
Commissioner Alonso: No, we...
Ms. Anne Sterling: Yeah, he's got one opening, one regular opening.
Mr. Odio: He needs one alternate.
Commissioner Plummer: Excuse me?
Commissioner Alonso: But the books...
Mr. Odio: Reappoint...
Commissioner Plummer: You got cheated, sir, for some reason. I don't know...
Vice Mayor De Yurre: Now, I have four members, regular members. OK? Now,
let me take...
Commissioner Plummer: You've got three here on this table.
Vice Mayor De Yurre: I'm going... I'm going to reappoint Osmundo Martinez,
Dwayne Wynn and...
Commissioner Plummer: I've got for you, sir... I've got, as regular members,
Omar Diaz...
Vice Mayor De Yurre: Yes.
Commissioner Plummer: ...Celiano...
Vice Mayor De Yurre: Salinero.
Conmissioner Plummer: ...Osmundo "Mundi" Martinez and Dwayne Wynn.
134 February 9, 1993
W ,
Vice Mayor De Yurre: OK. Now, I reappoint all three, and then my fourth will
be Tom Kallman, who is one of my alternates at this point and time.
Commissioner Plummer: OK. Then you have to give me... All right. So.
you're just going to have one alternate then.
Vice Mayor De Yurre: Well, one alternate and Eladio Armesto, I'll keep him as
such.
Commissioner Plummer: OK. That's fine.
Vice Mayor De Yurre: OK?
Commissioner Dawkins: OK. I'm going to...
Commissioner Plummer: Commissioner Dawkins.
Commissioner Dawkins: ...Teo Babun, a regular.
Commissioner Plummer: All right. Babun would be regular. OK.
Commissioner Dawkins: And...
Commissioner Plummer: Reappoint the other three?
Commissioner Dawkins: Yeah, the other three.
Commissioner Plummer: OK.
Vice Mayor De Yurre: Now, since I only had one... I only have one.
Commissioner Dawkins: Wait a minute. Let me see.
Commissioner Plummer: Yeah.
Commissioner Dawkins: He shows up?
Commissioner Plummer: Yeah. Oh, he's there all the time.
Commissioner Dawkins: OK. And...
Commissioner Plummer: Teo.
Commissioner Dawkins: No.
Commissioner Plummer: Who?
Commissioner Dawkins: Take Teo out and put...
A. Quinn Jones III, Esq. (City Attorney): Everybody...
Ms. Sterling: Mario Rodriguez.
Mr. Jones: Everybody gets two alternates.
135
February 9, 1993
C,
Commissioner
Dawkins:
I gave it back to you.
Ms. Sterling:
Oh, I'm
sorry. I've got it. I had it.
Yeah.
Commissioner
Dawkins:
I gave it to you.
Ms. Sterling:
Yeah.
It's... I've go the names. Let
me get the names.
Commissioner
Plummer:
OK.
Commissioner
Dawkins:
Ibrahim Kawa.
Commissioner
Plummer:
Can you spell it?
Commissioner
Dawkins:
K-A-W-A.
Commissioner
Plummer:
OK.
Ms. Sterling: That's
it. Mr. Kawa.
Commissioner
Plummer:
All right.
Commissioner
Alonso:
OK. My regulars are...
Commissioner
Plummer:
Mrs. Alonso?
Commissioner
Alonso:
...Christine Morales...
Commissioner
Plummer:
This is a new appointment.
Commissioner
Alonso:
Yes.
Commissioner
Plummer:
All right. Christine Morales,
OK.
Commissioner
Alonso:
Maritza Gutierrez.
Commissioner
Plummer:
A new one?
Commissioner
Alonso:
Yes.
Commissioner
Plummer:
OK.
Commissioner
Alonso:
Jerome Reisman.
Commissioner
Plummer:
B-R-I?
Commissioner
Alonso:
R-E-I-S-M...
Commissioner
Plummer:
Reisman, OK.
Commissioner
Alonso:
Yes. And Raquel Regalado.
And alternate I have
Jennifer Lovemore
and
I can give one more name in the
afternoon, if I may...
136 February 9, 1993
( �a
Commissioner Plummer:
OK. I would ask of
each of you, of... especially any
new appointments that
you have made, either regular members or alternative
members, that you ask
them for a resume and
please forward it to the board.
Commissioner Alonso:
OK.
�j
Commissioner Plummer:
And, of course...
I don't know. Did we make this
mandatary City...
Commissioner Alonso:
I had never heard of
this before.
Commissioner Plummer: ...City residency?
Mr. Jones: Not for this particular board.
Commissioner Plummer: Not this board.
Commissioner Alonso: No.
Commissioner Plummer: OK. All right. That's fine.
Mayor Suarez: Mr... ,Commissioner Plummer, I'm going to indicate on my
sheet...
Ms. Sterling: Do you want to keep any of the...
Commissioner Alonso: I was going to ask a resume of all the people appointed
today, because I don't think it has been the policy before.
Commissioner Plummer: The chat?
Commissioner Alonso: A resume of all of the people that we appointed here
today...
Commissioner Plummer: I would only ask for that so we can have it for our
board.
Commissioner Alonso: Yeah. But if they have not given one before, do you
want all of them...
Commissioner Plummer: I said the new ones. Yeah. Why not? It would be
good.
Commissioner Alonso: Yeah. ...for the records and...
Commissioner Plummer: Probably an updated.... updated, yeah.
a Commissioner Alonso: OK.
Mayor Suarez: I'm indicating on my sheet here the ones I like as alternates
and the ones as regulars.
Commissioner Plummer: OK.
137 February 9, 1993
i
Mayor Suarez: Because I'm switching two so that everybody gets a chance to be
a regular.
Commissioner Plummer: All right, sir.
Commissioner Alonso: OK.
Commissioner Plummer: And I will go ahead and redo mine. OK? Now...
Mayor Suarez: All right.
Commissioner Plummer: Who's... Hello? Who's taking care of this? Karen?
Vice Mayor De Yurre: Do I have a second alternate then or not, guys? Hello?
Mayor Suarez: Can the City Attorney tell us if this historical...
Vice Mayor Be Yurre: If I do...
Mayor Suarez: ...wrinkle of Commissioner De Yurre only having three and
two...
Vice Mayor De Yurre: Well, the City Clerk says...
Mayor Suarez: ...or four and one.
Commissioner Alonso: No, he has...
Vice Mayor Be Yurre: Excuse me.
Commissioner Plummer: Well, the problem, I can tell you...
Mayor Suarez: So, it is four and two?
Commissioner Plummer: ...was that it wasn't to be an even number. That was
the problem.
Mayor Suarez: That's the thing is that he was concerned about an even number.
May we assume that the ordinance doesn't reflect that.?
Mr. Jones: Because it was amended in 191, so I'm told it's four and two.
Commissioner Plummer: All right.
Mayor Suarez: Have you ever had anything...
Commissioner Plummer: No,, no. Excuse me. Give him a second, which will give
us then a total of 30, because I, as a voting member, am the off -member, so
don't worry about it.
Vice Mayor Be Yurre: Now, do the alternates vote? They don't vote.
Mayor Suarez: Plus I am sure you've never had a tie vote, so...
138 February 9, 1993
Commissioner Plummer: They only...
Bice Mayor De Yurre: Only...
--
Commissioner Plummer: Go ahead and name another alternate.
Vice Mayor De Yurre: OK.
Mr. Jones: And plus two alternates.
Mayor Suarez: All right.
Vice Mayor De Yurre: OK. My second alternate will be Xonia Diaz, and Xonia
is spelled with an "X", X-O-N-I-A.
Mayor Suarez: I like names that begin with an "X." Al right. Let the
record reflect that Commissioner Plummer is...
Commissioner Plummer: OK. Have you got all of those?
Mayor Suarez: ...making noises that are unacceptable.
e
Commissioner Plummer: All right. please get all of the...
Mayor Suarez: All right. We have that all into a form of a motion. Call the
roll, please.
139 February 9, 1993
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 93-100
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO THE
INTERNATIONAL TRADE BOARD:
Vice Mayor De Yurre (re)nominated as regular members:
OMAR DIAZ SALINERO
OSMUNDO MARTINEZ
DWAYNE WYNN
TOM KALLMAN
and as alternate members:
ELADIO ARMESTO, III
XONIA DIAZ
Mayor Suarez (re)nominated as regular members:
BOB RODRIGUEZ
MARIE WRAY
SATURNINO E. LUCI II
KISHOR PAREKH
and as alternate members:
BILL RIOS
HOWARD GARY
Commissioner Dawkins (re)nominated as regular members:
TEO BABUN
DOROTHY BAKER
MARCIA SAUNDERS
RAFAEL GARCIA-TOLEDO
and as alternate members:
IBRAHIM MALKI KAWA
ROBERT BROWN
Commissioner Alonso nominated as regular members:
CHRISTINE MORALES
MARITZA GUTIERREZ
JEROME REISMAN
RAQUEL REGALADO
and as alternate member:
* JENIFFER LOVEMORE
Commissioner Plummer (re)nominated as regular members:
VICKY LEIVA
BILL MESSETT
WILLIAM ALEXANDER
WALDO CASTRO
and as alternate members:
ROBERT DOBIECKI
IGNACIO BUSTILLO
(* Note: This motion was later formalized by
Resolution 93-108. Said resolution also replaced the
appointment of Jeniffer Lovemore with Tony Zamora.)
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
140 February 9, 1993
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
25. BRIEF COMMENTS AND DEFERRAL OF SCHEDULED DISCUSSION AS AN UPDATE ON THE
PROBLEMS AT PARKING METERS IN MEDIAN ON BISCAYNE BOULEVARD BETWEEN S.E.
1 STREET AND N.E. 6 STREET.
-------------------------------------------------------------------------------
Mayor Suarez: Item 22.
Commissioner Plummer: Twenty-two I'm asking to be deferred.
Mayor Suarez: OK. And...
Commissioner Plummer: And let me say that I'm very...
Mayor Suarez: Does that need a motion or can we just reschedule that?
Mr. Cesar Odio (City Manager): No...
Commissioner Plummer: I'm very pleased that there was a meeting downtown and
they are addressing the problem, they are concerned and they want to do
something about it. So that pleases me to no end.
----------------------------------------------------------------m-------------
26. DISCUSSION RELATING TO PRESENTLY -INSTITUTED PROCEEDINGS BY POLICE
DEPARTMENT CONCERNING VEHICLE PURSUIT.
------------------------------------------------------------------------------
Mayor Suarez: Do we need to do anything on item 23, vehicular pursuit?
Commissioner Plummer: Mr. Mayor, I will ask on 23, I'm not completely
satisfied with any disciplinary action for anyone violating the terms of the
new policy. I would ask that the Police Department come back at the next
meeting. They have adopted the pursuit policy, which I am in concurrence and
find no problem with. But the problem is that a policy is no better than the
enforcement of that policy. I don't feel that the enforcement of this, which
is none, is in fact what we're really looking for to try to reduce the number
of injuries and accidents. So, I would ask at the next meeting, Mr. Manager,
that they come back and tell us what they're going to do to bring about the
enforcement of these new policies.
Mayor Suarez: All right.
141 February 9, 1993
Commissioner Mummer: What time are we coming back, Mr. Mayor?
Mayor Suarez: Well, let me... Let me say a couple of things about that,
Commissioner. You had...
Vice Mayor De Yurre: Three o'clock? Three ten?
Mayor Suarez: Yeah. We would otherwise not begin until 3:10, according to
this, because I think that's when we have public hearings.
Vice Mayor De Yurre: If we start at 3:00, then we can maybe get some pocket
items out of the way between...
Mayor Suarez: We could...
Commissioner Plummer: Well, I've got one right now. Do you want to do it
now?
Vice Mayor De Yurre: I've got one now.
Mayor Suarez: Right.
Commissioner Alonso: We have to come back with the recycling...
Commissioner Plummer: I've got a pocket item. Are you ready?
Mayor Suarez: Yes, quick question on procedure. Mr. Manager, when do you
anticipate, if at all. having the recycling item number 6 in a position that
we might be able to vote on it?
Commissioner Plummer: At six.
Mayor Suarez: what do you think, Mr. Williams? Six, did I say?
Unidentified Speaker: Six o'clock?
Commissioner Plummer: How about item at six at six?
Mayor Suarez: I... The reason I ask is that I am not doing to be here past a
couple of minutes before 5:00 p.m. I've got to leave very early.
Mr. Odio: Let's...
Commissioner Plummer: Well, then let's just schedule it for 4:00.
Mr. Odio: Four o'clock.
Mayor Suarez: Do you think that's realistic? All right.
Mr. Odio: Four o'clock is fine.
Mayor Suarez: OK.
142 February 9, 1993
. - .n
[AT THIS POINT, ITEM 23 WAS DEFERRED.]
- ---------- - -------------.-----_--___-___---_-----___-__.._-__-----..__--__--
27. AUTHORIZE ISSUANCE OF REVOCABLE USE PERMIT TO DADE COUNTY SCHOOL BOARD
FOR USE OF PORTION OF PARKING AREA AT MARINE STADIUM, WITH PROVISOS.
------------------------------------------------------------------------------
Commissioner Plummer: [AT THIS POINT, COMMISSIONER PLUMMER READ THE
RESOLUTION INTO THE RECORD.] I so move.
Mayor Suarez: So moved.
Vice Mayor De Yurre: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Plummer: For the discussion, Mr. Mayor, so that you understand.
The Mast Academy on Rickenbacker, because they are building their pool, does
not have for physical education and they need a very small portion of this and
that's why it's being requested.
Mayor Suarez: All right, sir. Call the roll on that item, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-101
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A REVOCABLE USE PERMIT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE SCHOOL BOARD OF DADE
COUNTY FOR THE USE OF A PORTION OF THE PARKING AREA
LOCATED AT THE CITY OF MIAMI'S MARINE STADIUM FOR A
FEE OF $1.00 FOR A PERIOD OF TIME COMMENCING FEBRUARY
9, 1993 AND TERMINATING ON AUGUST 15, 1993; FURTHER
PROVIDING THAT THE SCHOOL BOARD SHALL AGREE TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY FROM ANY
AND ALL PERSONAL INJURY OR PROPERTY DAMAGE CLAIMS
RESULTING FROM THE SCHOOL BOARD'S USE OF SAID CITY
PROPERTY AND SUBJECT TO ANY OTHER TERMS OR CONDITIONS
WHICH THE CITY MANAGER DETERMINES TO BE IN THE BEST
INTEREST OF THE CITY.
(Here follows body of resolution, omitted here and on
file 1n the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
143 February 9, 1993
n..M.a -
n �*
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
o-----.--.----------------------.----------------..,,-----.----....------------r.-----
2a. GRANT REQUEST BY FILM SOCIETY OF MIAMI FOR CLOSURE OF DESIGNATED
STREETS -- PERMIT SALE OF ALCOHOLIC BEVERAGES -- IN CONNECTION WITH FILM
FESTIVAL'S CLOSING PARTY.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Mr. Mayor, I have one which reads as follows...
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor De Yurre: [AT THIS POINT, VICE MAYOR DE YURRE READ THE RESOLUTION
INTO THE RECORD.] I so move.
Mayor Suarez: So moved.
Commissioner Plummer: I'll second it.
Mayor Suarez: Second.
Commissioner Plummer: But here again, I think, Victor, in the future what
should be done is that before they bring it here, they should secure the
license permit from the State. And I think it...
Mr. Cesar Odio (City Manager): Officially, it won't have to come here
because...
Commissioner Plummer: Well, but this is alcohol... liquor, not beer and
wine.
Mr. Odio: Is that a liquor, or beer and wine?
Vice Mayor De Yurre: It's alcoholic beverages.
Mr, Odio: Oh, no.
Vice Mayor De Yurre: Champagne, Kir Royale...
Mr. Odio: That should be clarified...
Commissioner Plummer: It didn't stipulate beer and wine is the reason I'm
saying that.
144 February 9, 1993
Mr. Odio: OK.
Mayor Suarez: All right.
Vice Mayor De Yurre: OK.
Mayor Suarez: Any problem?
Commissioner Plummer: No, sir.
Mayor Suarez: Call the roll then.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-102
A RESOLUTION RELATED TO THE MIAMI FILM FESTIVAL
CLOSING PARTY, TO BE CONDUCTED BY THE FILM SOCIETY OF
MIAMI ON FEBRUARY 14-15, 1993, ON CERTAIN STREETS IN
DOWNTOWN MIAMI; AUTHORIZING A TWO-DAY PERMIT FOR THE
SALE OF ALCOHOLIC BEVERAGES IN THE AREA DURING THE
EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED
BY LAW; CONDITIONING ALL APPROVALS AND AUTHORIZATIONS
HEREIN UPON THE ORGANIZERS PAYING FOR ALL NECESSARY
COSTS OF CITY SERVICES AND FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
145 February 9, 1993
-----------.----------e1------------i---------------- r-- ---------..----- ------------
29. DISCUSS AND WITHDRAW CONSIDERATION OF REQUEST TO ENTER INTO PROFESSIONAL
SERVICES AGREEMENT WITH NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT
EXECUTIVES (NOBLE) -- FOR POLICE SENSITIVITY TRAINING -- WITHDRAWN BY
ADMINISTRATION.
---------------------------------------------------------------------Y-----_- _-
Mayor Suarez: Mr. Manager, what item is this that you have placed in front of
us?
Mr. Cesar Odio (City Manager): I... This has been postponed twice. We
finally reached an agreement with the FOP (Fraternal Order of Police). This
- is a resolution to... authorizing the City Manager to execute a professional
service agreement, in substantially the form attached, with the National
Organization of Black Law Enforcement Executives, hereinafter "NOBLE," in an
amount not...
Mayor Suarez: Can this be characterized, basically, as sensitivity training?
Is that what we're talking about?
Mr. Odio: Yes, it is. Yes, it is.
Commissioner Plummer: Mr. Mayor, I'm voting negative and the reason for it
is, as I indicated at the last time that it was here, when I checked with the
State of Florida who imposed that this regulation had to be done, the State of
Florida indicated that there was to be no cost involved, except the time of
the sworn officer to take the course, that there was to be no fee... no fee
charged for the administration of this course. And now we're coming from last
ear they spent $82,000... Is that correct, Joe? This cost last year was
82,000?
Lt. Joseph Longueira: For?
Commissioner Plummer: For this training?
Lt. Longueira: We haven't had training like this.
Commissioner Plummer: I was told... OK. Whatever it is, it's $300,000.
Mr. Odio: ...three years.
Commissioner Plummer: I... Mr. Mayor... Mr. Manager, I am well aware of
that, sir, but why couldn't that $300,000 be spent locally? You can't
convince me, with all of the sworn officers in Dade County, who are
required... under the same requirement of the State of Florida that Dade
Junior couldn't have provided this training. And remember what happened at
the last meeting. They didn't ask Dade Junior to give the kind of course that
they wanted. I demanded of you, at the last meeting, that you provide me with
that information, prior to this meeting today. I have not received that
Information. If you... Did you go back, as I... this Commission requested
of you, to Dade Junior and ask them their cost?
146 February 9, 1993
Lt. Longueira: Sir, I don't believe they did. But they...
Commissioner Plummer: Why didn't they?
Lt. Longueira: They did ask them to provide the same program.
Commissioner Plummer: We... Excuse me. Why didn't they? We asked you to do
it. We asked you to go back to Dade Junior and get the course if it was in
apples to apples. Why didn't you do it?
Lt. Longueira: Sir, let me explain. This... All of the groups were given
the same requirements. It was like an RFP (Request for Proposals) response,
give us your solution to the problem. They gave a solution that was un...
Commissioner Plummer: No, give us your Idea of a solution. Joe, why didn't
you do... Not you, personally. Why didn't the department do what this
Commission asked - go back to Dade Junior and say, "We want a program like
this one here. Now much would you charge us?"
Lt. Longueira: Sir, we...
Commissioner Plummer: Joe, we need to keep our tax dollars in this town.
Lt. Longueira: I agree with that, if they can provide us the quality product
that we're looking for.
Commissioner Plummer: That's... But you don't... If you...
Lt. Longueira: We just don't want to throw money away also.
Commissioner Plummer: We asked you to...
Lt. Longueira: We're not in that market either.
Commissioner Plummer: We asked you to go back and ask could they provide it
and if they did, how much would it be. You had prices that were half of this,
am I correct?
Lt. Longueira: Yes, sir.
Commissioner Plummer: OK? A hundred and fifty thousand dollars, yet my
department tells me they want to spend $300,000. You know, if they lived in
the City of Miami and it was their tax dollars, I don't think they'd want to
spend it. Somebody around here better understand the taxpayers are up to
here. Up to here. Mr. Mayor, I'm voting no.
Commissioner Alonso: It's a hundred thousand a year.
Lt. Longueira: Yeah.
Commissioner Plummer: I said that we should go back and get a price. They
chose not to do what this Commission asked. To me, that's defiance. I mean,
I don't know how else to put it.
147
February 9, 1993
i
c mix�+�he'�x�nrf'
Lt. Longueira: Sir, we did a needs assessment on what we need.
Commissioner Plummer: That's not what I asked you to do.
Lt. Longueira: Miami Dade was given that and...
Commissioner Plummer: This Commission asked you to go to Dade Junior and ask
the question. You're telling me you didn't do it. Now, you know, for...
Lt. Longueira: You're right, sir. Let's defer this matter and we'll do that,
Commissioner Plummer: Thank you, sir. That's all I'm asking.
Lt. Longueira: OK.
Commissioner Dawkins: No...
Commissioner Plummer: I might agree with you...
Lt. Longueira: You know, they may come back with...
Commissioner Plummer: ...if you tell me, even though I'm trying to keep my
dollars here.
Lt. Longueira: They may come back with a three day price. It doesn't mean
that their program meets a requirement and has a quality that we're looking
for.
Commissioner Plummer: Then tell me that. But you don't know it, if you don't
ask.
Commissioner Dawkins: But, Joe...
Lt. Longueira: Yes, sir.
Commissioner Dawkins: ...when you come back... I mean, I'm not taking sides,
I'm speaking facts. Be able to explain to me how Miami Dade Community College
runs the criminal institute, they teach police how to be police, and then you
say they can't adequately perform the services that you need adequately... Be
able to explain the difference to me of that.
Commissioner Plummer: You know, I...
Conmissioner Dawkins: And if that's a fact, then we don't need to let Miami
Dade train any more policemen, we need to let the law... somebody else train
them, if that's a fact, J.L.
Commissioner Plummer: Yeah. And we don't need to give Miami Dade Junior a
million dollars either,
Commissioner Dawkins: Well, I agree with you.
Commissioner Plummer: What time are we coming back, Mr. Mayor?
148 February 9, 1993
Mayor Suarez: What was the action on the item?
Commissioner Plummer: Two minutes after he leaves.
going to withdraw it or defer it, whatever. 1111...
Mayor Suarez: OK. We need to procedurally do...
Commissioner Plummer: If you want to defer, I'll defer it, 1f that's how you
want it.
Mayor Suarez: OK. Are you withdrawing, Mr. Manager, or do you want a motion
to defor?
Mr. Odio: I'll withdraw it. I'll withdraw it.
Commissioner Dawkins: What time are we coming back, Mr. Mayor?
Mayor Suarez: OK. _
Commissioner Plummer: Three o'clock.
Mayor Suarez: Three o'clock.
Mr. Odio: Mr. Mayor...
Commissioner Plummer: And we'll have sanitation at 4:00.
Mayor Suarez: Right.
o Commissioner Dawkins: Yeah.
Commissioner Plummer: Was this the day we promised to have somebody at 6:00
_! or was it the next zoning hearing?
Mr. Odio: No.
Commissioner Dawkins: The next one.
Mr. Odio: Zoning.
- Commissioner Aionso: Next. _
Commissioner Plummer: OK.
Commissioner Alonso: Yeah.
Commissioner Plummer: Cesar, give me about five minutes.
[AT THIS POINT, THE ITEM WAS WITHDRAWN.]
f
149 February 9, 1993
=i
wauS�Vkw�it ` 1
4
30. RESCHEDULE SECOND REGULAR COMMISSION MEETING OF FEBRUARY 1993 TO TAKE
PLACE ON FEBRUARY 25TH, COMMENCING AT 3:00 PM.
----- M------------------------------ w-------------------------. ---Mid--------W-W
Mr. Odio: We need to change the Commission meeting, Mr. Mayor.
Mayor Suarez: OK. I'll entertain a motion on the Commission meeting of the
25th to begin at 3:00 p.m.
Mr. Odio: Right.
Commissioner Plummer: Oh, that's fine.
Mayor Suarez: OK.
Commissioner Plummer: So moved.
Mayor Suarez: To be at the next one, the Planning and Zoning one on the 25th.
Commissioner Dawkins: The 25th?
Mayor Suarez: Right.
Commissioner Dawkins: At 3:00 o'clock?
Mayor Suarez: Right.
Commissioner Plummer: That's fine.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Commissioner Dawkins: Why meet at all?
Commissioner Plummer: Cesar, give me five minutes.
Mayor Suarez: Second. Call the roll. _
Commissioner Alonso: Three o'clock.
150 February 9, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-103
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF FEBRUARY, 1993 TO TAKE PLACE ON
FEBRUARY 25, 1993 COMMENCING AT 3:00 P.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:06 P.M. AND RECONVENED AT 3:12 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
31. GRANT REQUEST BY BROTHERS OF THE GOOD SHEPHERD FOR CLOSURE OF DESIGNATED
STREETS IN CONNECTION WITH AN EVENT HOSTED BY CAMILLUS HOUSE AND
UNIVERSITY OF MIAMI SCHOOL OF MEDICINE.
Mayor Suarez: would you... any Commissioner have, since we took a couple of
emergency items, any objection to a street closure Friday, March 12th? Wait
until I tell you who it's fcr.
Commissioner Plummer: The 23rd...
Mayor Suarez: The Little Brothers of the Good Shepherd, your favorite...
Commissioner Plummer: Mr. Mayor, all kidding aside, I have no problem with it
except for the fact N.E. 1st Avenue is a very busy avenue. I think that 1t
would be probably better for everyone, including them, if 1t were either 7th
Street or 8th Street rather than 1st Avenue.
Mayor Suarez: It's N.E. 1st Avenue from N.E. 7th to N.E. 8th. It's one-way
going north, am I not...
Commissioner Plummer: That is correct, sir.
151 February 9, 1993
09
W
Mayor Suarez% Right. It's...
Commissioner Dawkins: And it leads into the I-95,
Mayor Suarez: Don't you think that...
CaTmissioner Plummer: And it leads into I-95 and the expressway, the...
Mayor Suarez: ...that those working hours most of the traffic is into
downtown?
Commissioner Plummer: Hey, Mr. Mayor, it's fine with me. I don't care. It's
just the idea that it's a busy, busy avenue and I think if they went to the
street - either one is fine - and blocked off the street, nobody at all is
going to complain.
Mayor Suarez: OK. Maybe we'll try to reach them. Lieutenant, maybe we can
reach them, or do you have any comment on that, and see if they don't mind
using 7th Street or 8th Street?
Lt. Joseph Longueira: Yeah, 7th or 8th is a lot better than 1st Avenue.
Commissioner Plummer: First Avenue is busy.
Lt. Longueira: Very busy.
Commissioner Plummer:
Mayor Suarez: Ruth.
Very busy street.
Ms. Ruth Hamilton: What we're planning to do on the event is...
Mayor Suarez: Ruth Hamilton, right?
Ms. Hamilton: Right. Ruth Hamilton, I'm with Camillus House. ...is bring in
eight restaurants to set up booths and when we walked the site, we realized
that our 250 feet on 7th Street isn't large enough to... we're going to
hire... have a band and have the eight restaurants, and we plan to have about
500 people at the event. And that space is really limited.
Commissioner Plummer: I would much prefer to close 7th and Sth Street for
you, than 1st Avenue. It's just such a busy street.
Ms. Hamilton: Understood.
Mayor Suarez: Joe?
Lt. Longueira: What day is it?
Commissioner Plummier: March the 12th, a Friday. And then they're... Joe,
they're talking from 7:00 a.m. to 3:00 p.m. I mean, I realize the other...
the heavier part of the traffic is going the other way in the morning.
152 February 9, 1993
AWL
Mayor Suarez: Yeah. At that...
Commissioner Plummer: But, I...
Mayor Suarez: By 3:00 p.m., there would...
Ms. Hamilton: We'll be out. Yeah. Totally out, so that the rush hour
traffic will be able to...
Commissioner Plummer: No, Mr. Mayor, just for your edification, and I think
they're very much aware, coming off the port to go to I-95 comes 6th Street to
1st Avenue and up to the 95. I mean, that's all day long.
Mayor Suarez: This is the kind of stuff that we now have delegated to the
Manager, right? For the future, is that what we were doing with that
ordinance? Who knows? All right. Would it work for 7th Street? Apparently
the Commissioner who is are... OK.
Ms. Hamilton: We can... We'll make it work.
Mayor Suarez: OK. Can we do 7th Street, Commissioner Plummer, then?
Commissioner Plummer: Sir, I'll go along with anything. I strongly recommend
they don't do 1st Avenue, but if they have to, they have to.
Ms. Hamilton: Yeah, it's...
Mayor Suarez: You know, in view of the problems that the President of the
United States is having, blocking off streets and people getting upset when he
goes jogging, you probably don't want to get anybody angry. The Commissioner
is probably right.
Ms. Hamilton: Right.
Mayor Suarez: Why don't you just sort of do 7thStreet? I think a lot less
people will be... All right?
Ms. Hamilton: OK. So, it's...
Mayor Suarez: Lieutenant, are we OK on that?
Lt. Longueira: Seventh Street, yes, sir.
Mayor Suarez: Al right. I'll entertain that in the form of a motion, or
I'll move it myself.
Commissioner Alonso: So moved.
Mayor Suarez: Thank you. Second.
Ms. Hamilton: Great.
Lt. Longueira: Sir, are they going to take care of the staffing of personnel
to close that street?
153 February 9, 1993
Mayor Suarez: You're not requesting any services or anything, madam?
Ms. Hamilton: We're... We'll be requesting police coverage for security
purposes.
Mayor Suarez: And you'll be paying for everything.
Ms. Hamilton: Right.
The following resolution was introduced by Commissioner Aionso, who
moved its adoption:
RESOLUTION NO. 93-104
A RESOLUTION RELATED TO A PRESENTATION OF AWARDS
CEREMONY TO BE CONDUCTED BY CAMILLUS HOUSE ON FRIDAY,
MARCH 12, 1993; AUTHORIZING 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; CONDITIONED UPON
THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez,
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Da%kins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mayor Suarez: Thank you very much.
Ms. Hamilton: OK. Thank you.
154
the resolution was passed and
February 9, 1993
---------------------- ---:r.----..-....---....----.......... ----..-.+....--..-----------...«..-- ---
32. APPROVE CITY OF MIAMI'S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY
(CHAS) FOR FY 1992-93 -- AUTHORIZE MANAGER TO EXECUTE AND SUBMIT THE
CHAS TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
------------------------------------------------------------------------------
Mayor Suarez: We are otherwise... I don't know... Oh, we set the other item
for 4:00 p.m. OK. Item 24, approving the City of Miami's Comprehensive
Housing Affordable Strategy, period of October 1, 1992, through September 30;
authorizing., the City Manager to execute and submit the CHAS to the US
Department of Housing and Urban Development. Is this like a master plan?
There's nothing here that's going to in any way...
Mr. Cesar Odio (City Manager): Comprehensive, yes, sir.
Mr. Jeff Hepburn: Yeah, it's a one-year plan. It allows us to receive
thorough funding from HUD (Housing and Urban Development).
Mayor Suarez: I figured it was for funding purposes. Ali right. I'll
entertain a motion on the resolution.
Commissioner Plummer: Move it.
Commissioner Alonso: I'll so move.
Mayor Suarez: Moved and seconded. Before I forget, I met a lot of good
friends up there in Washington on Friday, including all the top administrators
under the new secretary Henry Cisneros. And I don't know if you know Terry
Devaney, chief guy and two other people, George Latimer and David Cohen, I
think, are the top people. And these folks are extremely knowledgeable of our
community and interested in doing something. Plus, we ought to get off a
letter to the secretary inviting him to Miami, because he's going to come down
quite quick, so before too long, we grab him first.
Mr. Odio: We might not be here.
Mr. Hepburn: OK.
Commissioner Plummer: If you keep talking, I'm going to withdraw my motion.
Mayor Suarez: Call the roll, please.
155 February 9, 1993
k t
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-105
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE CITY OF
MIAMI'S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY
("CHAS") FOR THE PERIOD Ot OCTOBER 1, 1992, THROUGH
SEPTEMBER 30, 1993, IN SUBSTANTIALLY THE ATTACHED
FORM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND
SUBMIT SAID CHAS TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor Be Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: I forget what the rule is on submitting everything to the
comments of the general public, Mr. City Attorney. Is it after 3:00 p.m.
A. Quinn Jones III, Esq. (City Attorney): Sorry?
Commissioner Alonso: Public hearings.
Mr. Jones: Yeah.
Mayor Suarez: OK. I'm sorry, Mr. Manolo Gonzalez-Goenaga. If there's
anything that you wanted to say that would change our vote, we would certainly
reconsider. But go ahead, sir, on this item.
Mr. Manuel Gonzal ez-Goenaga: Well, I just want to make a comment and if...
But you see, honorable Mayor, could you give me an idea how long will you =
allow me to speak regarding this particular issue? Because we have here 70
pages and I go... I could go and point out... If you tell me ten minutes, -
then I manage and accommodate myself to ten minutes.
Mayor Suarez: I believe the Code...
Mr. Gonzalez-Goenaga: But you see, I am not a prophet.
Mayor Suarez: I believe the Code says a maximum of eight minutes for...
Mr. Gonzalez-Goenaga: OK. I might use eight, or I might use less than eight.
156 February 9, 1993
Mayor Suarez:
L J,
T hope it's less.
U
Mr. Gonzalez-Goenaga: Welt, I have not been disruptive at all and I have
never been disruptive. Commissioners, I have seen a disruption in talking
nonsense and 1n very clear frank words, a lot of [expletive deleted]. You
know that. So, if you watch yourselves, Commissioners, on Channel 9, and the
way you joke, the way you gesticulate, look, it is better to go the circus.
You, Mr. Suarez, complained about Mr. Ferree that the hearings here were like a
circus. You know that is worse. And the problem is let's go to the essence
now.
Mayor Suarez: Yeah. And the item before us. You said you read the 70 page
report.
Mr. Gonzalez-Goenaga: Yes. And I'm going to give you, in those pages, my
dear Commissioners, I think that... Well, first of all, have you all,
Commissioners, read the whole package? You already approved it, but have
you... Do you know what's the content of this, Mr. Suarez? Because, you
know, you're getting paid for that. I...
Mayor Suarez: So, I presume it is a... Since you asked me the question, I'll
answer you. I presume it is a compilation...
Mr. Gonzalez-Goenaga: Did you read?
Mayor Suarez: Sir, I'm answering your question. Please, give me a second. I
presume it 1s a compilation of all of our efforts in the area of housing, in
which case I guarantee you that I'm quite familiar with the details of it.
Mr. Gonzalez-Goenaga: OK. You can rest assured, and you know by experience,
that whatever is written here is never accomplished, just like in the budget,
just like in no more money for this, no more money for that. Incidentally,
last Saturday, for the first time, unless we don't have to believe the Miami
Herald, you criticized the City of Miami police for using excessive force. I
read that article in the paper. You have... For two years, every time I have
come here, Mayor, you have chastised me for being brutal against the angels,
and the fraternals, and the other agencies of the police. Let's go back to
item 24. We are talking about knowledgeable people, who... I read those
pages and I never saw a limit on the... you just mentioned a general thing of
low, low income, accordipg to... If you are going to get anything from the
federal government, you have to be specific on the maximum amount of $40,000,
$60,000 or $80,000...
Mayor Suarez: The low income...
Mr. Gonzalez-Goenaga: Yes.
Mayor Suarez: ...guidelines, just to answer that specific question, is 80
percent of poverty rates, whatever those are.
Mr. Gonzalez-Goenaga: Well...
157 February 9, 1993
Mayor Suarez: You cannot be more than 80 percent of the median income, I
guess it is.
Mr. Gonzalez-Goenaga: Of course, this marvelous paper, I'm sure that many
people were involved to prepare this, who earned in excess maybe of $50,000,
$609000, $70sOOO. And I tell you one thing, you say that you.., we have to
be creative. Well, I have a little bit of creativity, whereby... And it's
not creativity of mine, it's what has been done 1n Puerto Rico with housing.
-
Houses that normally cost $80,000 are sold for $40,000. How is that possible?
j
Well, even though we are called "BONIATOS," we have, in Puerto Rico, a lot of
creativity. For example, there is an establishment there, like a little
federal housing bank, self-sufficient, whereby it guarantees the construction
funds for the developer and then the bank charges less interest. And also,
_
there is a lot of accountability and supervision. But the problem with
housing in Miami - And let's face it, because I have seen it - is that all
this alleged nonprofit corporations is in question mark, is full of profit.
Because these types of things are given to relatives and -friends and
_
companions of some of these Commissioners and then, when they go bankrupt
because they don't have any knowledge of housing whatsoever, they start doing
the nonprofit organization and the first experience in housing they become
developers, fly by night, thanks to some of these Commissioners' endorsement.
And then when they go bankrupt, we have to bail them out. What... Who does
it? Not you, Commissioners. The citizens. And I could name many examples...
-j
And you are laughing? Of course. This morning when I entered these grounds,
-'
a lot of people started laughing at me. I hope that they were laughing with
me, not at me. Because let me tell you, if it is a case of laughing, I can
make everybody laugh about you Mr. Suarez, of everything that you say here
that is totally untrue.
Mayor Suarez: I'll make you a deal.
Mr. Gonzalez-Goenaga: OK.
Commissioner Plummer: Uh-oh.
Mayor Suarez: I'll make you a deal.
0
Mr. Gonzalez-Goenaga: No, I accept the deal, because anything that you offer
me, I have to accept.
Mayor Suarez: All right. Let me...
Mr. Gonzalez-Goenaga: You have never offered me anything.
Mayor Suarez: Let me tell you first. Let me tell you first.
Mr. Gonzalez-Goenaga: Ah-hah.
Mayor Suarez: If you...
Commissioner Plummer: Wait a minute.
murder?
Mr. Gonzalez-Goenaga: No, no.
Is there going to be any bloodshed or
158 February 9, 1993 -
s
I
Commissioner Plummer: Because if...
Mrs Gonzalez-Goenaga: I am a very peaceful man.
Commissioner Plummer: No, no. Wait a minute. If there's a conflict of
interests, I'm an undertaker and I've got to bury one of the two of you.
Mayor Suarez: I'm very...
Mr. Gonzalez-Goenaga: Well, I'm willing to take each and every one.
Commissioner Alonso: You have an interest in this.
Mayor Suarez: All right, sir.
Commissioner Plummer: What do you mean, "will I bury them both"?
Mayor Suarez: Despite all...
Commissioner Alonso: He... involved.
Mayor Suarez: That's right. Despite all the other things that you've said,
et cetera, if you would take an hour with me, I'm going to take you and drive
you to some of the housing...
Mr. Gonzalez-Goenaga: No. I have been through them.
Mayor Suarez: I don't think you know them as well as you say you do. But
anyhow, that was the deal I was going to make you. All right. Anything
further?
Mr. Gonzalez-Goenaga: No, that's not... No, I'm not finished. Tait. The
issue is...
Commissioner Plummer: There went your deal.
Mr. Gonzalez-Goenaga: ...that I have heard, and I would like your... Mr.
Suarez to tell me the truth. I know that Mr. Henry Cisneros is the head of
HUD and that the rumors... but you see, in this town, if you don't believe
the Miami Herald, you cannot believe anybody. Rumors are in town that you are
lobbying for a position with HUD. Is... Because you, for example, I remember
In...
Ca:enissioner Plummer: Lobbying, hell. He's actively seeking.
Mr. Gonzalez-Goenaga: ...before Christmas, you said that you were going to
decide if you were going to run for Mayor or not, by the...
Mayor Suarez: Yeah.
Mr. Gonzalez-Goenaga: ...by the Christmas vacation. And I think that for you
it's stilt Christmas, Mr. Suarez.
159 February 9, 1993
-
Mayor Suarez: Mr. Gonzalez-Goenaga...
Mr. Gonzalez-Goenaga: Please tell me the truth...
Mayor Suarez: Sir...
Mr. Gonzalez-Goenaga: ...to the community.
Mayor Suarez: ...on item 24...
—
Commissioner Alonso: Did you hear what Commissioner Plummer said? "Actively
seeking."
Commissioner Plummer: It's not a rumor. He's actively seeking it.
-_
Mayor Suarez: Sir...
Mr. Gonzalez-Goenaga: Yes, but he did say specifically...
Mayor Suarez: I'll tell you what...
Mr. Gonzalez-Goenaga: ...to the Miami Herald that during...
Mayor Suarez: I'll tell you what. I have never done this before,
but I'm
going to be... in this particular case, I'm going to tell you
what my -
aspiration is exactly.
Commissioner Plunmer: Wait a minute.
Mayor Suarez: My aspiration is, in that sense...
Commissioner Plummer: Get this on the tape.
Commissioner Alonso: Yes, yes.
Mayor Suarez: ...to be exactly what Mr. Cisneros is, to be secretary
of HUD. -
I am not interested in being one iota lower than secretary of HUD.
Mr. Gonzalez-Goenaga: Oh, Mr. Suarez...
Mayor Suarez: Since he is the appointee, I guess there is no room
for me —
there. All right?
'
Commissioner Alonso: Now he's going to... and you have trouble in
Washington...
-
Mr. Gonzalez-Goenaga: Well, I...
Commissioner Plummer: Hey, Miller... Miller, du you know how to
say in -
Chinese "disgrace"? Clin-ton.
Mr. Gonzalez-Goenaga: Well, I am very serious here.
Mayor Suarez: All right, sir. Are you almost finished on item 24?
160 February 9, 1993
Mr. Gonzalez-Goenaga: Almost. Almost finished.
Mayor Suarez: You've asked a couple of questions.
Mr. Gonzalez-Goenaga: But I...
Mayor Suarez: You've had them answered very seriously. They were very
serious answers. I just gave you my most serious answer on an issue that you
asked me about, as..,
Mr. Gonzalez-Goenaga: And now I'm going to make a little answer...
Mayor Suarez: All right. Finish up, because I think your eight minutes are
up. If not, my eight minutes of patience are certainly up.
Commissioner Plummer: Maybe Janet Reno will speak highly of you.
Mr. Gonzalez-Goenaga: Well, I am going to round this up, Mr. Suarez. I can
tell you that with your ambitions and with the performance that you have done
as Mayor of this City, you don't even deserve to be the "BARRENDERO" of the
City of Miami. Thank you very much.
Commissioner Plummer: The what?
Commissioner Alonso: The "BARRENDERO" - sweeper.
Mayor Suarez: All right. Thank you, sir. "BARRENDERO," that's the sweeper.
Commissioner Plummer: Ha! I've got news for you. The "BARRENDERO" makes
more money than he does.
Commissioner Alonso: I don't know if he's trying to... or not.
Commissioner Plummer: That's true. You... I... How much does a ,janitor
make here?
Mayor Suarez: Do we have a motion and a second? Oh, we passed item 24,
right?
Commissioner Alonso: On what?
Mayor Suarez: Thank you.
Commissioner Alonso: On his...
Mayor Suarez: No, no. There...
Commissioner Alonso: No.
Mayor Suarez: We had done it...
Commissioner Alonso: OK.
161 February 9, 1993
1.0
Mayor Suarez: ...as it turns out.
33. APPROVE SELECTION OF INDIVIDUALS BY UNIVERSITY OF MIAMI TO RECEIVE
SCHOLARSHIPS (Selected were: Jennifer Belbusti, Ernst Beliard, Lannie
Carrerou, Phillip Cherfrere, Ivan Gonzalez, Nadine Laurent, Diana
Lavander, Jacqueline Mau, Miriam Pacheco & Eduardo Wolffe).
------------------------------------------------------------------------------
Mayor Suarez: Item 25. What are we doing on the scholarships?
Commissioner Plummer: Mr. Mayor, this is, of course, the thing that I
negotiated with the University of Miami for Planet Ocean. Each one of you
have the right to nominate City residents to have the potential of scholarship
help from the University of Miami.
Mayor Suarez: Is that why the Vice President of the University is here?
Commissioner Plummer: That's most likely the reason the Vice President of the
University is here.
Mayor Suarez: ...Mr. Jolivette.
Commissioner Plummer: And you all would surrender names, and in doing such,
we then surrender them to the committee of the school board, who goes through
all of the application and comes back and it's... Five a year or ten a year?
Ten or five?
Mr. Cyrus M. Jolivette: It varies.
Commissioner Plummer: It varies. OK. There's a total of 60, as I recall.
Mayor Suarez.: What is the action that we have to do today... that we have to
take today?
Commissioner Plummer: You... If you have names of your constituents who you
wish to surrender for consideration, this is the time to do such. And it's
timely this time, not at the last minute, so that is the reason that it's on
the agenda.
Mayor Suarez: I have... In my particular case I have received a few
inquiries and I have referred them somehow to the process. I don't really
know exactly how. But if there's anything else that we need to do from any
other Commissioner... any...
Commissioner Plummer: Well, make it aware to the rest of my colleagues that
if you have any names that are City residents, that wish consideration for
scholarships, please surrender the names, I would assume, to either the
Manager or to the Clerk, who can forward them on to the University of Miami
and the school board for consideration.
Mayor Suarez: All right.
162 February 9, 1993
Commissioner Plummer: That's the only reason.
Mayor Suarez: Very good.
Commissioner Plummer: Unless the University wishes to make any kind of a
comment.
Mayor Suarez: Jollivette, anything?
Commissioner Alonso: But then we will have to make a final decision..,
Commissioner Plummer: I think... Well, the school year starts in September.
Mr. Jollivette: Mr. Mayor, Commissions... members of the Commission, my name
is Cyrus Jollivette. I am a resident of the City of Miami and I appear today
before you as Vice President of the University of Miami. I'd like to correct
briefly some of Commissioner Plummer's comments. We are really at the end of
that process that was agreed upon and you approved in your resolution 91-909
on December... last December, I believe 1t was on December 5th, in which we
outlined a process that we would follow. And pursuant to that process, we did
distribute last fall application packets to all Dade County public schools...
Commissioner Plummer: That's true. I thought we were on a new year.
Commissioner Alonso: Yes.
Mr. Jollivette: ...and to high school cap advisors. We wrote to you on
November 6th and provided application packages to each of you for your use.
And then we, at the University, reviewed the list of submitted eligible
students to verify compliance with the criteria, as established by that
resolution: that the student be admitted by the University of Miami,
according to its admissions policies; that the student would demonstrate
financial need, according to the congressional method for determining
financial aid; and that the student be a bona fide resident of the City. On
the 27th of January, my colleague, Deborah Perry, the Vice Provost and Dean of
Enrollments, forwarded to you a listing of ten students who had met the
criteria. And I'm sure... I believe you would have copies of those attached.
Commissioner Plummer: We do.
Commissioner Alonso: Yes.
Mr. Jollivette: And our purpose today would be to gain your approval for the
award of this aid to this group of students that qualified.
Commissioner Plummer: Excuse me. It was my understanding there were supposed
to be so many a year.
Mr. Jollivette: That's right.
Commissioner Plummer: And what is the number? Was it ten a year?
Mr. Jollivette: The number... We are dealing with 120...
163 February 9, 1993
Commissioner Plummer.- Total.
Mr. Jollivette: ...one year, half tuition scholarships.
CcMMissioner Plumper: But how many on a per year basis?
Mr. Jollivette: It was originally our intent that we would proceed with five
per year.
Commissioner Plummer: OK. You have the list that we have...
Mr. Jollivette: I will tell you that this will be the third class that would
be involved in the process.
Commissioner Plummer: The list that we have presently is three, four, five,
six.«.
Mr. Jollivette: Ten.
COMissioner Plummer: ...seven, eight, nine, ten. And how many have we used
so far of the 120?
Mr. Jollivette: 0f the 120, you have used... I have to count them. Please,
sir.
Commissioner Plummer: What are you asking of us today?
Mr. Jollivette: Fourteen.
Commissioner Pl mmr;er: Do you want five or do you want ten?
Commissioner Alonso: Approve this.
Mr. Jollivette: If you would approve this list, we will then work with these
students.
Commissioner Plummer: Mr. Mayor, I have no problem, unless any member of the
Commission has.
Mayor Suarez: All right, sir. So, you tender the names?
Commissioner Alonso: Nov many did we approve last year? Five?
Mr. Jollivette: Last year...
Commissioner Plumper: Last year was a boon...
Commissioner Alonso: What?
Mr. Jollivette: No, last year you approved seven.
Commissioner Alonso: Seven.
164 February 9, 1993
'MIRz r
..s'i_
{x
Mr. Jollivette: Four eventually enrolled and are still enrolled in the
University. The first year you approved five. Those five are enrolled in the
University still.
Commissioner Plummer: That's nine.
Mr. Jollivette: They are all in good standing and they're all making
satisfactory progress toward a degree.
Commissioner Plummer: Are these the ones... Have these been through the
school board, as required by our...
Mr. Jollivette: Yes, they have.
Commissioner Plummer: OK. Mr. Mayor, I move these ten names as surrendered.
Mayor Suarez: So moved.
Commissioner Alonso: I second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Plummer: Let me just ask... Excuse me. Let me ask one question
of you, sir. Without going through this, and you... probably so that we're
not accused at a later time, is there a balance here of Latins, black and
Anglos?
Mr. Jollivette: Yes.
Commissioner Alonso: Yes.
Commissioner Plummer: There is a balance?
Mr. Jollivette: There is a balance. They represent several different high
schools - Miami Senior, Miami Edison, Miami Jackson, St. Brendan's...
Commissioner Plummer: Don't talk about Edison to a Miami High Stingray. I
just asked for the ethnic balance. Thank you, sir.
Mr. Jollivette: All right.
Mayor Suarez: All right. Call the roll. Complete the roll.
165
February 9, 1993
}
e a00,
10
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-106
A RESOLUTION ACCEPTING THE NOMINATION OF CERTAIN
INDIVIDUALS TO BE RECIPIENTS OF ONE-YEAR, HALE' -TUITION
SCHOLARSHIPS AWARDED UNDER THE CITY OF MIAMI SPONSORED
UNIVERSITY OF MIAMI SCHOLARSHIP PROGRAM, APPROVED BY
RESOLUTION NO. 89-1152 ADOPTED DECEMBER 14, 1989, AND
RESOLUTION NO. 91-909, ADOPTED DECEMBER 5, 1991.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
Vice Mayor De Yurre: Mr. Mayor, someday I'd like to invite those students
because... you know, kind of associate... put a face to a name and see how
they're doing.
Mayor Suarez: I'd like to do that. Absolutely and if you want to do it in
a... not in a Commission meeting, you want to do it separately, that's fine,
too. However you want to do it. Thank you, Russ.
Mr. Jollivette: We'll do that. Thank you very couch.
Mayor Suarez: All right, sir.
34. CITY MANAGER ANNOUNCES JUDGE ATKINS'S DECISION THAT CITY OF MIAMI CAN,
IF NECESSARY, ARREST THE HOMELESS IN BICENTENNIAL PARK AREA -- DUE TO
PREPARATION FOR GRAND PRIX EVENT.
Commissioner Plummer: Whoa, whoa! Mr. Manager, please tell us.
Mr. Cesar Odio (City Manager): I just got... We had an emergency hearing at
2:00 o'clock with Judge Atkins and he has ruled that the people in the cafe
must be out of there by noon tomorrow, the restaurant by noon on Thursday, and
the order will say that we would be able to arrest, if they... if it was
necessary.
Mayor Suarez: You didn't make it very clear what you meant by the cafe, Mr.
Manager.
166 February 9, 1993
`
Commissioner PlLvmr: Well, let me ask this.
Mr. Odio: There are two buildings there - one on..o where the docks...
There are two different buildings in the park and they've been...
Commissioner Plummer: But what about the rest of the park?
Mr. Odio: That will include everybody by...
Commissioner Plummer: That...
Mr. Odio: ...everybody by Thursday.
Commissioner Plummer: Everybody by Thursday.
Mr. Odio: Yes.
Commissioner Plummer: in other words, the one by the waterfront...
Mr. Odio: Everybody by Thursday.
Commissioner Plummer: O . That's great. Thank you.
Mayor Suarez: All right.
Vice Mayor Be Yurre: As to their property and what they have there, what's
the story on that?
Mr. Odio: We will take steps necessary to protect their property, by storing
if necessary, and tag them, if that comes to the case. We, hopefully, will
allow them to take it with them when they leave.
Vice Mayor Be Yurre: How about those little shacks that I saw in the paper
today?
Commissioner Plummer: Well ...
Mr. Odio: Well, they...
Commissioner Plummer: You know, maybe I'm being facetious, but it's not my
intent, Mr. Manager. You know, the judge has said that we can't arrest them
and we can't throw them out of the park. But if we were to fence the park and
they were to leave, can we stop them from coming back in?
Mr. Odio: We prefer to deal with this at this time and I hope that...
Commissioner Plummer: It's just a question. Give me an answer when you think
about it.
Mr. Odio: What I was hoping is that as we place them, we find permanent
solutions for them so they won't have to come back.
Commissioner Plummer: I would love to. OK.
167 February 9, 1993
Mayor Suarez: All right.
---------------------------------------------------------------
35. BRIEF DISCUSSION IN CONNECTION WITH CONCERNS OF WEST COCONUT GROVE
RESIDENTS AND THE SALE OF NARCOTICS ON N.W. 61 STREET BETWEEN 12 A 17
AVENUES (See label 62).
------------------------------------------------------------------------------
Mayor Suarez: Item 26.
Commissioner Alonso: Six.
Mayor Suarez: Commissioner Dawkins request, concerns of residents of the West
Coconut Grove area and the specific...
Mr. Cesar Odio (City Manager: I would defer... If I would, Beverly Kuntz
Rodriguez was... wanted to be here and she called, she wouldn't be able to be
here until 6:30.
Commissioner Plummer: Who?
Mr. Odio: I don't think we will be here by 6:30, so I would...
Commissioner Alonso: Defer the...
Commissioner Plummer: Who?
Mrs Odio: Beverly Kuntz Rodriguez.
Commissioner Dawkins: OK. If she cannot be here, and we are not... She
cannot be here. She asked that this be...
Mr. Odio: Deferred.
Commissioner Dawkins: ...delayed until she could get here. If she cannot get
here, we will have to... I'll move that it be heard at another meeting.
Mayor Suarez: All right.
Mir. Odio: OK.
Mayor Suarez: Very good.
Vice Mayor De Yurre: Well, and Mr. Mayor, all of these items are after 4:00
o'clock...
Commissioner Plummer: Well, is there...
Vice Mayor De Yurre: ...just for the record.
Mr. Odio: No, but she called and she couldn't be here...
168 February 9, 1993
PW
ilk
AWL,
Vice Mayor De Yurre: No, I'm talking...
Mr. Odio: ...by 6:30.
Vice Mayor De Yurre: I'm talking about these that we're listening to right
now.
Mr. Odio: Oh, OK.
Commissioner Alonso: That's right.
Vice Mayor De Yurre: So, legally, where do we stand?
Mayor Suarez: All right. As to the item we dealt with before, the parties
were here and I don't think there's any problem with that.
36. (Continued Discussion) APPOINT INDIVIDUAL AS MEMBER OF THE HEALTH
FACILITIES AUTHORITY (Appointed was: Raquel Aurora Regalado) (See label
22) .
Commissioner Plummer: Why don't we take up any pocket items while we're
waiting.
Mayor Suarez: And as...
Commissioner Alonso: OK.'
Commissioner Plummer: I don't have any.
Commissioner Alonso: I don't have pocket items. But if I'd like to take care
of some of the items that I was missing some names before - item 19, this is
the Health Facility Authority. I need an appoint... to make an appointment
and...
Commissioner Plummer: Nineteen. Oh, Health Facility.
Commissioner Alonso: ...it's Raquel Aurora Regalado, the person I'd like to
appoint to this board.
Mayor Suarez: So moved. Do we have a second?
Commissioner Plummer: Second.
Mr. Cesar Odio (City Manager): Excuse me. You had appointed... I have it
here that you had appointed Raquel Regalado to the International Trade Board.
Commissioner Alonso: Raquel Aurora. Aurora Regalado.
Mr. Odio: Oh, this is another one.
169 February 9, 1993
•
Commissioner Alonso: Yes.
Mr. Odio: Oh.
Commissioner Plummer: She's getting the whole family.
Commissioner Alonso: Yes. And residents of Miami. That sometimes is a
Problem, because you appoint the person and then you find out they are not,..
Mayor Suarez: So moved.
Commissioner Alonso: ...residents of Miami.
Mayor Suarez: So moved and seconded. Call the roll, please.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-107
A RESOLUTION APPOINTING ONE INDIVIDUAL AS MEMBER OF
THE CITY OF MIAMI, FLORIDA, HEALTH FACILITIES
AUTHORITY.
(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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
170 February 9, 1993
ty�
-------------------------------------------------------------------------------
37. (Continued) DISCUSSION CONCERNING APPOINTMENT OF INDIVIDUALS TO SERVE AS —
REGULAR ! ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD (See label
23).
-------------------------------------------------------------------------------
Commissioner Alonso: OK. Also, item 20, for the Code Enforcement Board. This morning I made an appointment, Ileana Morales. I'd like to make... to —
appoint Nely Zamorra to the same board...
Mayor Suarez: So... = -
Commissioner Alonso: ...and now that will take care of my two appointments. -
Mayor Suarez: So moved. _
Commissioner Plummer: Wait a minute. Isn't Nely on another board?
Commissioner Alonso: Yeah. Is that a problem?
Ms. Matty Hirai (City Clerk): Sometimes. We'll research it.
Commissioner Plummer: She's on Civil Service.
Ms. Hirai: Yeah.
Commissioner Alonso: And that's why I appointed her, because she has done
such a terrific..
A. Quinn Jones III, Esq. (City Attorney): This is what board?
Commissioner Plummer: This is Code Enforcement.
Mr. Jones: Yeah, that would be a problem.
Commissioner Alonso: It is a problem?
Ms. Hirai: Yeah.
Commissioner Plummer: It's two decision -making boards.
Commissioner Alonso: So she cannot be on both.
Commissioner Plummer:
because that's...
No. And I guarantee you she won't... Civil Service,
Commissioner Alonso: No. And she's doing such a great job.
Commissioner Plummer: Yeah.
Commissioner Alonso: Th4t's why I wanted her to be on this board, because I
know she's wonderful.
171 February 9, 1993
Commissioner Plummer: Well, we need somebody to straighten this board out.
Commissioner Alonso: OK. So I withhold my second appointment. Sorry.
Unidentified Speaker: Thank you.
Mayor Suarez: All right. Anything...
[AT THIS POINT, ITEM 20 WAS DEFERRED.
---- -------------------------------------------------------------------------
38. (Continued Discussion) APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS
REGULAR ! ALTERNATE MEMBERS OF THE INTERNATIONAL TRADE BOARD
(Reappointed were: Bill Rios, Howard Gary, Saturnino Lucio II, Kishor
Parekh, Omar Diaz Salinero, Osmundo Martinez, Dwayne Wynn, William
Messett, William Alexander, Waldo Castro, Teo Babun, Bob Rodriguez,
Marie Wray, Eladio Armesto III, Robert Dobieckl, Robert Brown.
Appointed were: Tom Kallman, Vicky Leiva, Christine Morales, Maritza
Gutierrez, Jerome, Reisman, Raquel Regalado, Xonia Diaz, Ignacio
Bustillo, Abraham Malki Kawa, Tony Zamora & Nelcida Chadoff.) (See
label 24.)
-----------------------------------------------------------------___----------
Commissioner Alonso: And then the third one is item 21. And in the morning I
appointed as one of my alternate members, Jennifer Lovemore. She cannot do
it. I'd like to reappoint Tony Zamora to that board. That's to reappoint.
And the vacancy that I have goes to Nelcida Chadoff.
Commissioner Plummer: Fine.
Commissioner Alonso: And that's... So, I so move. And that's all I had.
Mayor Suarez: All right.
Commissioner Plummer: Wait a minute. Here you have Nelcida as an alternate.
Commissioner Alonso: Yes. That's one vacant that I had and then on this
one... this one, she cannot do it, so...
Commissioner PI mmmer: Oh, so he will be...
Commissioner Alonso: ...I will reappoint him. Yes.
Commissioner Plummer: ...the appointment. OK.
Commissioner Alonso: Exactly. So, this is one and two.
Commissioner Plummer: Right.
Mayor Suarez: All right. Those motions...
172 February 9, 1993
'
f `x
Commissioner Alonso: OK.
Mayor Suarez: Those nominations in the form of a motion and a second. Call
the roll.
Commissioner Plummer: Second.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-108
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS AND ALTERNATE MEMBERS ON THE INTERNATIONAL
TRADE BOARD FOR TERMS OF OFFICE AS DESIGNATED HEREIN.
(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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
39. (Continued) DISCUSSION CONCERNING PLANS FOR AN IMPROVED CITY RECYCLING
PROGRAM -- SET ASIDE POSSIBILITY FOR INCLUSION IN THE COUNTY CURBSIDE /
RECYCLING PROGRAM -- AWARD CONTRACT TO SANITATION EMPLOYEES' UNION, AS A
DEMONSTRATION PROJECT, FOR ONE YEAR -- FINAL DETAILS TO BE WORKED OUT
(See label 10).
------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): Mr. Mayor, we are ready on the solid waste
report that we... Ron Williams had a meeting with these people...
Commissioner Plummer: Let's do it.
Mayor Suarez: OK.
Commissioner Plummer: Because he's got to leave.
Mayor Suarez: Is the union in the building? Are they aware that we might
take this up before 4:00? We did indicate 4:00 p.m.
173 February 9, 1993
h
i t
xi
f m•` 8 ,�
Mr. Odio: They're here.
Commissioner Alonso: But if they're here...
Commissioner Plummer: They were here.
Mayor Suarez: OK. Wherever you're securing them. All right. Who do we hear
from first? The principal issues were the way in which they would account for
the capital goods that we would transfer to them and Commissioner Plummer gave
an indication of how he thought it should be done. And the other one was the
timing, in view of the fact that we seem to want to reserve the ability to
change our minds after a year. And you were going to do a comparative review
of costs and so on on the overhead to, hopefully, satisfy Commissioner Dawkins
and the rest of us on the issue of how we can really do this without costing
any additional funds and...
Commissioner Plummer: Cost, no. Reduce.
Mayor Suarez: Reducing, supposedly.
Mr. Ron Williams (Assistant City Manager): Mr. Mayor, our first attempt was
to try and clarify, as succinctly as we possibly could, the options that we
discussed this morning. And, essentially, the...
Commissioner Plummer: I'm sorry, but I can't read it, Ron. You're either
going to have to turn these lights out or give it to me on a piece of paper.
Mr. Williams: Well, I do have... I do have that, but you can... it's the
same.
Commissioner Alonso: Can you turn off the lights? Especially that one.
Commissioner Plummer: The right hand side I can't read.
Commissioner Alonso: Especially that one.
Commissioner Plummer: All right. I've got the same thing here on paper, I
guess. I've got glasses, but I can't see in the dark. This isn't what I
asked you for, Mr. Williams.
Mr. Williams: Well, this is the start of it, sir.
Commissioner Plummer: Oh, all right, sir.
Mr. Williams: This that you have before you is nothing more than an attempt
to clarify the two options, essentially $2.40 per household doing it in-house
and $1.60 per the County's program. And, essentially, we have just attempted
to put the variables in there, show you where the advantage... the advantages
are and the essential cost associated with both sides, meaning City costs and
contractor costs.
Commissioner Dawkins: How did you arrive at in-house at $2.40 a house when we
are not collecting recyclables? How did you arrive at that?
174 February 9, 1993
4
Mr. Williams: That is the total cost divided by 60,000 households,
Commissioner Dawkins.
Commissioner Dawkins: What total cost when you don't have a cost to start to
work with?
Mr. Williams: that is the cost that would be involved if we fully staffed,
manned and operated the program on a Citywide basis.
Commissioner Dawkins: This is your estimated cast.
Mr, Williams: That's correct,
Commissioner Dawkins: Now, you did not think that there are some people out
there who may come in to collect recyclables at the minimum per hour, as long
as they received insurance and other benefits, and you would not have to pay
them what you are projecting we have to pay them an hour. Is that a correct
statement?
Mr. Odio: Well, Commissioner, we have a problem with that is that...
Commissioner Dawkins: Do you know what, Mr. Manager?
Mr. Odio: With the agreement we have...
Commissioner Dawkins: Wait, Mr. Manager. let me say something. I either
have to talk to you...
Mr. Odio: OK. Talk to Ron.
Commissioner Dawkins: ...or I have to talk to the... Mr. Williams. Now, I
can't talk to both of you. OK? Please. OK?
Mr. Williams: Sure.
Commissioner Dawkins: Go ahead, Mr. Williams.
Mr. Williams: Thank you, Commissioner. The cost they're associated with are
directly associated with the cost of the employees that we presently have
working in the department and reflect the numbers from the bargaining
agreement. Now...
Commissioner Plummer: Can I ask a question?
Mr. Williams: Sure.
Commissioner Plummer: Mr. Williams, I asked you to be more specific in
reference to the $3.56. How much of that is for bins? How much of it is for
education?
Mr. Williams: I thought we clarified that, Commissioner Plummer. I can go
back over it.
175 February 9, 1993
Ctmmitsionet Plummer: You didn't clarify it for me at all. I don't see it
here in writing. is it... Now many dollars are for education and how marry
dollars are for bins?
Mr. Williams: Well, the actual bins... The bin cost, as you'll see, is
$88,000 for the existing bins...
Commissioner Plummer: That's what they're going to pay us.
Mr. Williams: That's right,
Commissioner Plummer: OK.
Mr. Williams: The bins cost $4.00 per bin.
Commissioner Plummer: OK. That's $240 for 60,000 of them.
Mr. Williams: Right.
Commissioner Plummer: OK. Now, it says here for the second bins that they're
going to pay for.
Mr. Williams: That's right.
Commissioner Plummer: OK.
Mr. Williams: They have to provide the additional bins.
Commissioner Plummer: On the first bins, am I to assume three hundred...
Excuse me, here. Hold on. Let me... Three fifty-six times 60 equals
$210000? No, it's got to be more than that. Two hundred and thirteen
thousand. Is that correct? That's correct. Six hundred. OK. Now, of that
amount, I have to assume, if you take the $213,000 and you take away from that
$240 you can't, but if you add 88 you can. Is that what you're trying to tell
me? How much of the $213,000 is for bins and how much is for education?
Since those are the two areas you've delineated.
Mr. Williams: Right. That number on one hand is $88,000 for the bins, very
clear, $4.00 per bin.
Commissioner Plummer: No, that's what they're paying us for our bins. Of the
two... You're not telling me that the $88,000 is part of the $213,000 is it?
Mr. Williams: No, no. Well...
Commissioner Plummer: OK.
Mr. Williams: Let me be clear here. The $240,000 1n 112b"...
Commissioner Plummer: No, the $240,000 is a second bin. That has nothing to
do with what I'm talking about. Come up to "a." The City contributes
$213,000 for bins and public information. Delineate - how much is for bins
and how much is for education of that amount of money?
176 February 9, 1993
Mrs Williams: OK. The bins themselves...
Commissioner Plummer: Yeah.
Mr. Williams: ...cost $4.00 apiece, per bin.
Commissioner Plummer: That's $240,000, which is what they're paying on the
second one.
Mr. Williams: On the second bin...
Commissioner Plummer: Olt.
Mr. Williams: ...that they have to provide.
Commissioner Plummer: On the first bin, $213,000 doesn't even provide for one
bin on the first go around, except they're buying ours. Very... Mr.
Williams...
Mr. Williams: They're buying ours for $88,000 plus their cost associated with
the...
Commissioner Plummer: Mr. Williams, how much...
Mr. Williams: ...program of information...
Commissioner Plummer: Let me ask it a different way, sir. Maybe we can come
on the same wavelength.
Mr. Williams: OK.
Commissioner Plummer: How much is this company proposing to spend for an
educational program? ,
Mr. Williams: We went over that this morning - $96,000.
Commissioner Plummer: How much?
Mr. Williams: Ninety-six thousand is the number we worked through.
Commissioner Plummer: Ninety-six thousand is what they're going to spend for
the education.
Mr. Williams: That's the number we worked through this morning, right.
Commissioner Plummer: OK. So now, then if I deduct that front $213,000, I
have $117,000 left. Is that correct?
Mr. Williams: Right, for...
Commissioner Plummer: Now, what 1s that $117,000 for?
Mr. Williams: As I understand it, it's for bins and labor costs associated
with delivery of those bins, for doorknob materials...
177 February 9, 1993
Commissioner Plumer: That's education, isn't it?
Mr. Williams: It's part of the education effort.
Commissioner Plummer: The education is $96,000, what is the additional
$117,000 for?
Mr. Williams: Sins, Commissioner. Let me do this.
Commissioner Plumper: How can they put out a bin for each household at
$117,000 and then turn around and put a second bin and cost $240,000?
Mr. Williams: Commissioner, they very well could have overhead costs in
there...
Commissioner Plummer: That's what I'm asking.
Mr. Williams: The $3.56 is a price negotiated in the contract that we're
asking you to accept.
Commissioner Plummer: OK. Now...
Mr. Williams: And they have negotiated in detail that cost.
Commissioner Plummer: We'll get down to the fine line on that in a minute.
Mr. Williams: OK.
Commissioner Plummer: All right, sir? Is this predicated on a... They asked
me... I received a phone call asking me would I consider going to 19 months,
and I said yes, I would consider it. Nineteen months. In other words, Mr.
Manager, we have seven months left of this year and then a full year from the
implementation of the mandate of the State. OK? I said yes. Now, are these
numbers predicated on the 19 months?
Mr. Williams: I have a different overhead to show you on the 19 months.
Commissioner Plummer: Oh, you do, do you? Don't waste your time. I mean if
It's any different than these numbers here...
Mr. Williams: You asked for that in particular. Let me show 1t to you. You
asked for that.
Commissioner Plummer: OK. Go ahead. I mean you're wasting your time, but go
ahead. Wait a minute. Let's go back to that one for a minute...
Mr. Williams: OK.
Commissioner Plummer: ...so I'm not mixing apples to apples. OK? They're
going to take over 600,000 and that's what they're going to pay us for the
trucks. This is under the 3.7 year? Is that what that is?
Mr. Williams: The original... Yes.
178 February 9, 1993
Mr. Williams: Right.
Commissioner Plummer: OK. Now, are they going to take over any employees, or
are there any employees to be needed to take over?
Mr. Williams: No employees are involved.
Commissioner Plummer: None to be taken over. This proposal here they could
start within two weeks.
Mr. Williams: That's what they're proposing.
Commissioner Plummer: Is that correct?
Mr. Williams: Yes.
Commissioner Plummer.- Now, is it also a correct statement, Mr. Williams, that
of this 15 trucks that we're talking about, that seven of those trucks have
never been used?
Mr. Williams: No, that's not true.
Commissioner Plummer: That's not true.
Mr. Williams: No.
Commissioner Plummer: Are there any of those trucks that have never been
used?
Mr. Williams: No, all of them have been used. Certainly, they have been used
less than others, because we've only operated about six or seven routes. So,
they've basically been used in a spare mode.
Commissioner Plummer: OK. All right, sir. OK. Let's go to the other one
now.
Commissioner Dawkins: Before you leave that one, Mr. Williams...
Commissioner Plummer: OK. I'm sorry.
Commissioner Dawkins: ...if the City contributes $213,000 for bins, and they
pay me $88,000 for the existing bins, how many existing bins are out there?
Mr. Williams: We're projecting there may be 22,000 left out there,
Commissioner Dawkins.
Commissioner Dawkins: How many did you buy originally?
Mr. Williams: I believe we bought up to 30,000, but certainly, through lost
and...
179
February 9, 1993
0
Commissioner Dawkins: SO 20,000...
Mr. Williams: Twenty-two thousand is what we're projecting that at...
Commissioner Dawkins: ...they're going to give me $88,000 for 22 bins and for
another 40,000 bins, it's going to cost $213,000.
Mr. Williams: They have to buy... That was part of the discussion we just
had. They have to buy an additional bin. Their program provides for two
bins. So, at $4.00 per bin for the 60,000 households, that would cost them,
separate and apart in order to provide the service, $240,000.
Commissioner Dawkins: So, for the...
Mr. Williams:. The $213,000 is divided among the bins that they need to
provide and their public information and education program.
Commissioner Dawkins: OK. Walk me through it.
Mr. Williams: Plus their overhead and whatever else is in there.
Commissioner Dawkins: Walk me slowly through it.
Commissioner Plummer: Something doesn't add up.
Commissioner Dawkins: OK? We have 20,000 bins. We have to provide 60,000
bins. Is that right? I mean, another 40,000 to bring that up to 60,000. Is
that correct?
Mr. Williams: If we have twenty... Yes, sir.
Commissioner Dawkins: All right. So, now 40 and 20 will give us 60.
Mr. Williams: Right.
Commissioner Dawkins: Now they've got to provide another 60 new bins.
Mr. Williams: Right.
Commissioner Dawkins: So, you're telling me now that the two... the second
bins will cost $240,000 for 60,000 bins.
Mr. Williams: Additional bins, the second bin.
Commissioner Dawkins: OK? But they also... we've got to add 40,000 bins,
original bins we don't have.
Mr. Williams: That's right. For the... Again, the second bin.
Commissioner Dawkins: So, we're talking about 60 and 40 is 100,000 bins.
Commissioner Plusrmer: A hundred and twenty.
Commissioner Dawkins: A hundred and twenty thousand bins.
180 February 9, 1993
Mr. Williams: Well, a total of 120,000 bins.
Commissioner Dawkins: OK. And you've got...
Mr. Williams: But the difference would be...
Commissioner Dawkins: You have 20. When you subtract in plain arithmetic 20
from 120 that leaves 100. That's plain, elementary arithmetic.
Mr. Williams: That's correct.
Commissioner Dawkins: All right. Now, at $100,000 a bin, how much... how
much does each bin cost?
Mr. Williams: Four dollars per bin.
Commissioner Dawkins: Four dollars per bin.
Mr. Williams: That's the...
Commissioner Dawkins: So, you're talking about $400,000 and yet you tell me
that it's $240,000 plus whatever else we're going to pay, it doesn't cane up
to $400,000, Mr. Williams•.
Mr. Williams: I'm... What I'm saying is that the City's commitment of that
$400,000...
Commissioner Dawkins: But see... Wait a minute. Wait a minute. Let's you
and I understand each other.
Mr. Williams: OK.
Commissioner Dawkins: The City's commitment is for the total cost of the
project.
Mr. Williams: Right.
Commissioner Dawkins: That's our commitment.
Mr. Williams: Right.
Commissioner Dawkins: OK. They are not going to do this free. So, let's get
It in our minds that we do not need to discuss anything up here but what it's
going to cost the citizens of the City of Miami. That's all we need to
discuss - total cost to the citizens of the City of Miami. Because they
aren't doing anything free, we've got to pay them for everything that they do.
So that's $400,000 we've got to buy bins. Now, where will it come from?
Commissioner Plummer: No, that's not what's bothering me.
Commissioner Dawkins: Co ahead, J.L.
181
February 9, 1993
Commissioner
J
Plummer: On the first bin,
how are
they putting out the first
bins in total
for 40 cents?
Commissioner
Alonso: What do you mean 40
cents?
Commissioner
Plummer: Exactly what I'm saying.
Commissioner
Dawkins: I don't think...
Commissioner
Plummer: Look, let me run
you...
Let me walk you through it.
OK?
Commissioner Dawkins: OK. Go ahead.
Commissioner Plummer: They pay us $88,000. You take $88,000 from the
$213,000 gives you $125,000. All right? Take away the $96,000 for education,
leaves you $29,000. OK? Twenty-nine thousand, you've got to buy 40,000 bins
for 40 cents each. Yet, when you go to the other side of the bins, you're
buying 60,000 for $4.00 each. Something is radically wrong.
Commissioner Alonso: So you say you're taking the...
Commissioner Plummer: No, not until we're finished here, then you can speak
all you want. No. There's something... There's a misnomer here somewhere
and if you can't answer it, I'm sure Mr. Melton can, but I will give you the
opportunity to try to answer it first.
Mr. Williams: Well, I'm trying... I'm trying to zero...
Commissioner Dawkins: But, Mr. Plummer, let me say something.
Mr. Williams: ...specifically in on the question here.
Commissioner Dawkins: Let me say something.
Commissioner Plummer: Did you understand what I was saying?
Commissioner Dawkins: No, but let me say something. OK?
Commissioner Plummer: Surely.
Commissioner Dawkins: I pay Mr. Williams and the Manager to answer questions.
Mr. Dusty Melton is paid by the company that is trying to get this contract.
I do not think Mr. Dusty Melton should be here lobbying us and explaining
anything. Now that's my personal opinion.
Commissioner Plummer: Mr. Dawkins, I couldn't agree with you more. But when
my... Mr. Williams and my Mr. Odio say they can't answer, I've got to turn to
somebody who maybe can give me the answer.
Commissioner Dawkins: Well, then are you telling me then...
Commissioner Plummer: And if that's Mr. Melton, God bless him.
182 February 9, 1993
Commissioner Dawkins: Well, are you telling me then that Mr. Williams and the
Manager don't know what they're talking about and Dusty Melton put the words
in their mouth to come up with the contract?
Commissioner Plummer: Mr. Dawkins, I'll ask my question again and ask Mr.
Williams or the Manager to answer my question. Where is the mistake in the
mathematics? If you can clarify it, please do. I mean, you know, I... I'm
not hard to get along with.
Mr. Williams: The $96,000 that we discussed originally...
Commissioner Plummer: Is education.
Mr. Williams: Originally. But you will recall, Commissioner Plummer, that
when we came to that $96,000 we were essentially working down... working
backwards from the $213,000. There, obviously, is a cost difference that
we've not been able to reveal for you, that's in their overhead or...
Commissioner Plummer: Mr. Williams, I'm going to ask you again, sir, as I
asked you before. Of the $213,000, how much is education?
Mr. Odio: Ninety-six thousand.
Commissioner Alonso: Ninety-six thousand.
Commissioner Plummer: That's exactly what I'm going on. Now he's telling me
he's figuring backwards. I don't like to figure backwards. I like to be
forward, straight forward. Now, if you have these numbers and these...
Commissioner Alonso: So, from the $213,000 we take away this $96,000...
Commissioner Plummer: Eighty-eight.
Commissioner Alonso: ...ninety-six thousand...
Commissioner Plummer: Well, take away the eighty... Yeah, OK. If that's
how...
Commissioner Alonso: ...ninety-six thousand of education...
Mr. Williams: Then you have $117,000.
Commissioner Alonso: ...then the balance is $117,000.
Commissioner Plummer: OK. And take away the difference between the 88 and
the 213, because they're paying us 88. OK? They're going to give us 88. IWS
(Industrial Waste Service) pays the City $88,000 for the existing bins.
Commissioner Alonso: Uh-huh.
Commissioner Plummer: 0K?
Commissioner Alonso: Do we have to mix this too?
183 February 9, 1993
Commissioner Plummer: I'm going on what is on that board and on my paper.
Commissioner Alonso: So, we have $117,000 left, which means...
e
Mr. adio: We'11 split the difference.
Commissioner Plummer: Well...
Commissioner Alonso: Well, you'd better do some explaining because...
Commissioner Plummer: Somebody explain it, I don't care who does it.
Mr. Williams: Somebody.
Commissioner Plummer: I'll let Miller Dawkins do it, if he's...
Commissioner Alonso: Something is happening here.
Mr. Dusty Melton: Mayor, Commissioners, Mr, Manager, Mr. Williams...
Commissioner Dawkins: Are you registered as a lobbyist, sir?
Mr. Melton: Yes, sir.
Commissioner Dawkins: OK. Thank you.
Mr. Melton: My name is Dusty Melton.
live at 3430 Poinciana Avenue.
Commissioner Alonso: Good for you.
I'm a resident of the City of Miami, I
Mr. Melton: I pay my garbage fees on time and I understand how the fees work
and how the program works. Mayor and Commissioners, under Roman numeral two,
each of these dollar amounts is a separate stand-alone number. For example,
on the trucks, under this proposal, IWS, My client, a Miami based company,
would pay the City $600,000 to acquire those vehicles. Now, that's the
vehicles.
Commissioner Plummer: That's 15 of them.
Mr. Odio: That's what you're proposing.
Mr. Melton: That's what we're proposing.
Commissioner Plummer: OK.
Commissioner Alonso: Fifteen.
Mr. Melton: The second line, a separate number, a separate issue, we are
proposing to pay the City $88,000 to take ownership of the bins that are
already at my house and your house and your house and your house...
Commissioner Plummer: Roughly 20,000.
184
February 9, 1993
Mr. Odio: Yeah.
Mr. Melton: We're not sure exactly how many - roughly 20, 22, somewhere in
there, but call it about 22,000 bins. That's $4.00 a bin, $88,000. The City
is obligated under the terms of the County contract, which the..*
unincorporated area residents and 12 of the municipalities are operating
under. There's really no choice. This is not a negotiable item. That
contract between IWS and the County specifies that any municipality that buys
into this program to take advantage of the low rates must pay $3.56 per
household - a onetime up -front charge. That is a fixed price, not something
that we have negotiated with the City.
Commissioner Plummer: For what purpose?
Mr. Melton: For starting... For a couple of main purposes.
Cw missioner Plummer: Break it down.
Mr. Melton: One is to help pay for bins and their distribution, and most of
these other cities didn't have bins already out among the population, and to
pay for education. So the...
Commissioner Plummer: Of which, you are saying, education is $96,000.
Mr. Melton: Is 96. OK. Now, mind you, we've already... we already have
22,000 out there.
Commissioner Plummer: OK.
Mr. Melton: After you take your $96,000 out for publication... public
education, you're left with $117,000. That money helps to pay our cost to
provide the bins for the other 38,000 households - the first bin in the
nonparticipating households. So 22 that are out there... twenty-two thousand
that are out there, that's the $88,000. The $117,000 pays... helps pay for
the next 38, so that every household has the first bin. OK. The second bin,
at $4.00 a bin is "b" wholly and apart from the terms of the County contract,
is... this is an offer by IWS. It's not required in the contract, but we
think the City, just based on the demographics, is... the people of the City
are better served if they have two bins. I went out and paid for two extra
bins, because I've got three children and we fill three bins every week.
Mr. Odio: You have a lot of garbage.
Mr. Melton: We have a 16t of garbage, a lot of recyclables at... with three
youngsters in the house. This is a purely voluntary offer, line "b," which is
3240,000 at $4.00 bin is the second bin for all 60,000 households. And... So
the first three lines, the $600,000, payment for the vehicles... for the
trucks; there's $88,000 to acquire ownership of the existing bins that are out
there; the $213,000 that the City pays us as required, nonnegotiable under the
County contract...
Conrnissioner Plummer: How many months... How many years are there - 3.7?
Mr. Melton: ...that is a onetime cash payment by us to the City of $475,000.
185 February 9, 1993
Commissioner Plummer: Thirty-six, 42...
Mr. Melton. So, in the first year the Cit is $4750000 ahead. On top of the
$475,000, we provide the residents with 1240,000 worth of second bins, and
that's how the math works, and that takes care of the first 22,000 bins...
the first 38,000 bins and the second 60,000 bins, and it's relatively
straightforward.
Commissioner Dawkins: Mr. Mayor, may I hear from the...
Mayor Suarez: Yes.
Commissioner Dawkins: ...bargaining agent?
Mayor Suarez: All right.
Mr. Bob Menditto: Bob Menditto, Sanitation Employees Association. First off,
on the bins...
Mayor Suarez: Please. OK. Go ahead, sir.
Mr. Menditto: ...half the City is already set up.
Mayor Suarez: Half the City is already ..?
Mr. Menditto: Half the City already has their bins. This is a map of the
City.
Commissioner Plummer: Wait a minute. You're saying half the City, he's
saying there's only 22 out of 60. Excuse me. How can you have over 50
percent...
Commissioner Dawkins: Put it on the floor.
Commissioner Plummer: ...if you have 60,000 households and you only have
22,000 bins.
Commissioner Alonso: A little bit... please.
Mayor Suarez: Or if you want to, on top of the chairs, Bob, up there.
Commissioner Plummer: But he's saying that there...
Mayor Suarez: On top of the chairs, just lay it there. I think we can see it
really well. That's it.
Mr. Menditto: This is a map of the City, what we were servicing. This
colored area is where we were serving...
Mayor Suarez: Just put it, but not real close to you so we can pick it up on
the recording. That's it.
Mr. Menditto: OK.
186
February 9, 1993
F
Mayor Suarez: Just not real close to you. That's it.
-
Mr. Menditto: This is the area that we were servicing the solid waste...
[AUDIO NOISE]
Mayor Suarez: It sounds like either way we lose here.
Mr. Menditto: ...is the colored area where we were serving, which is
approximately half the City. OK? On our figures, if we used 15 standby
laborers, at a cost of $250,000, 15 permanent employees at $312,000, which
would give you $562,000, plus perks which would average out to $156,000. It —
comes to seventeen thousand... I mean, $718,000.
Commissioner Plummer: How many employees?
Mr. Menditto: That's 30 all told.
CommlSSioner Plummer: Thirty employees at what salary?
Mr. Menditto: Eight dollars an hour for 15.
Commissioner Plummer: What's their annual salary?
Mr. Menditto: Well, I didn't... Sixteen thousand.
Commissioner Plummer: Eight dollars an hour...
Mr. Menditto: Yeah. It comes out to $16,000.
Commissioner Plummer: ...is $320, about $16,000. So $16,000 with perks is
how much?
Mr. Menditto: No, that's without perks.
Commissioner Plummer: How much with perks?
Mr. Menditto: The total with perks, with the permanent employees, $718,000.
Commissioner Plummer: I think you're off base, but I'll figure it here. Go
ahead.
Mr. Menditto: That's counting 50 percent perks on the permanent employees.
_
You subtract that from the $1,140,000 and you have $422,000 left over for
maintenance of the trucks. Plus, we believe there are more households than --
--
600000, 1f you include the apartment houses. =
Commissioner Plummer: Does this... You bring up a good point. Mr. Williams,
_
does this contract include the apartment houses? —
Mr. Odio: No.
_
Mr. Williams: It does not at this point, no. _
=r
187 February 9, 1993
-------------
V
s y�
1 Y gtiY
Commissioner Plummer: It's not part of the $60,000.
Mr. Williams: No, but I preface it that way because...
COMissioner Plummer: Well, the question is, are they presently being done...
Mr. Williams: No.
Commissioner Plummer: ...by the private sector?
Mr. Odio: Most of the buildings are...
Commissioner Alonso: No?
Commissioner Plummer: Or under... Well, we have apartment houses presently
in the City.
Commissioner Alonso: Yes.
Commissioner Plummer: Are we presently picking up from them...
Mr. Williams: Not...
Commissioner Plummer: ...when we were doing recyclables?
Mr. Williams: Not recycling, no.
Commissioner Plummer: We did not ever?
Mr. Williams: No.
Commissioner Plummer: OK. So, apples to apples is the private sector is not
doing it, and neither were we, from apartment houses.
Mr. Menditto: Excuse me.
Commissioner Plummer: Correct?
Mr. Williams: 'that's right.
Commissioner Plummer: Thank you.
apartment
Menditto: Excuse me. I was gust informed that any one -level ground
building has been serviced by recycling.
Commissioner Alonso: One story buildings.
Mr. Menditto: One story.
Mr. Felix Carmenate: Any... Excuse me.
Commissioner Plummer: You heard that, Par. Williams?
188 February 9, 1993
Mr. Williams: Duplex, which is the same as...
Commissioner Plummer: No, he said one story buildings, it could have been 12
units. The question is, are we measuring apples to apples? Are they going to
pick up if it's a one story building, as they were picking up? How can I
measure if you don't tell me yes or no?
Mr. Williams: The measures are on 60,000 households, Commissioner. That's
the...
Commissioner Plummer: But 1s a household... Look, you know...
Mr. Williams: It would be single family or duplex.
Commissioner Plummer: Four hundred units in apartment houses is 400
households.
Mr. Williams: No. Be it single family or duplex is what this proposal looks
at.
Commissioner Plummer: OK. So anything above a duplex, the private company
would not pick up.
Mr. Williams: Not as of this moment.
Commissioner Plummer: OK. But your people, if there were 12 units in one
single floor, from my understanding, they were picking up 12 units. Is that
correct?
Mr. Williams: Well, we need to verify that.
Commissioner Plummer: They're your people.
Commissioner Alonso: ...your people.
Mr. Williams: Well, but we're talking single family here.
Commissioner Plummer: OK.
Mr. Williams: Single family, duplex.
Mr. Menditto: Felix was...
Mr. Carmenate: Excuse me. try name is Felix Carmenate. I live at 1039 NW
24th Court. I'm also secretary/treasurer of the SEA (Sanitation Employees
Association). I ran recycling for a little white. We were serving any one
ground level apartment that had City service, including even if it had 12
units, we were doing it.
Commissioner Plummer: OK.
Vice Mayor De Yurre: How did that work? They had to bring down their bins to
the ground floor?
189
February 9, 1993
F
Mr. Carmenate: No, that's why I'm saying only one...
Commissioner Alonso: No, no. It was one story.
Mr. Carmenate: ...one level.
Vice Mayor De Yurre: OK.
Mr. Carmenate: As long as it was one level, we were serving it already,
because we were afraid...
Commissioner Plummer: I still don't understand how they can put out the first
bin for $29,000.
Vice Mayor tie Yurre: So, if it was a two-story building...
Mr. Carmenate: Not yet. We hadn't figured that one out yet.
Vice Mayor Be Yurre: OK. But,.. And that is in excess of the 60,000
households we're talking about. Right?
Commissioner Plummer: It's too cheap.
Mr. Carmenate: They weren't counting it. We...
Vice Mayor Be Yurre: No, I'm asking you.
Mr. Carmenate: Yeah.
Vice Mayor Be Yurre: I want to know what you guys have been doing... R
Mr. Carmenate: OK. Well...
Vice Mayor Be Yurre: ...so that I can compare. _
Mr. Carmenate: What we were doing, as it shows on the map... -
Commissioner Alonso: Mr. Williams, you'd better listen to this.
Mr. Carmenate: ...almost everything down from Flagler...
Vice Mayor Be Yurre: Which are how many households?
Commissioner Plummer: Have you got a paper like this on the 19th?
Mr. Carmenate: Well, I thought it was half the City. So that means it would
be 30,000. -
Vice Mayor Be Yurre: Well, that's probably a little bit less than half, I
think.
Mr. Carmenate: No. Out you've got also up here in the northeast... -
Vice Mayor Be Yurre: I know... -
190 February 9, 1993
Mr. Carmenate: ,..the west end and the northwest area.
Vice Mayor De Yurre: OK. So that's about 30,000 households.
Mr. Carmenate: Correct.
Vice Mayor De Yurre: And you guys are willing to do all 60,000... Now, does
the 60,000 include apartment buildings or not?
Mr. Carmenate: Well, we would go with the original plan - anything that's one
level ...
Vice Mayor De Yurre: So, you're trying to match what...
Mr. Carmenate: ...that is serviced by the City of Miami, by the way. It has
to have City service.
Vice Mayor Be Yurre: Sure, sure. OK. Now, so I can understand this, you
guys are saying that you're willing to service the same 60,000 households, and
you're willing to do it for the same amount that they're asking for.
Commissioner Plummer: They're wasting my time.
Vice Mayor De Yurre: Hello?
Mr. Menditto: Yes.
Mr. Carmenate: Yes.
Vice Mayor De Yurre: Well...
Mr. Carmenate: Yes.
Vice Mayor Be Yurre: OK. That's more like it. All right. Now, what would
we need for you guys to operate? We need to provide the extra bins?
Mr. Carmenate: I believe that the City has already purchased those bins and
they're sitting in our yard.
Vice Mayor De Yurre: OK. So that wouldn't be an additional cost.
Mr. Carmenate: I'm talking about one bin per home.
Vice Mayor Be Yurre: OK. So you're saying...
Mr. Carmenate: Not two like they're talking.
Vice Mayor Be Yurre: Now, would we have to pay the $213,000 if we did this
in-house?
Mr. Williams: No, sir.
Vice Mayor Be Yurre: OK. So we save $213,000 if we do it in-house.
191 February 9, 1993
Mr. Williams: That's right. That's purely starting costs associated with the
Countywide contract.
Vice Mayor De Yurre: OK. Now, are we in a position to say then that, maybe
on a trial basis for a one year period, that you guys would be willing to
provide the same service - the 60,000 households - for the same amount of
money that is being discussed here to pay the private sector?
Mr. Carmenate: That's correct.
Vice Mayor De Yurre: Doesn't sound too bad. What do you say about that?
He11o?
Mr. Odio: Hello? Good-bye. No, what do I say about that? If they're
willing to do that, my philosophy has been and it is to stay in-house. We
have shown that in the motor pool and the heavy equipment garage coming soon.
If they're willing to compete with the private sector, I think we should
encourage them to do that.
Vice Mayor De Yurre: What would that entail? Would it entail hiring
additional individuals?
Mr. Odio: They...
Vice Mayor De Yurre: And if so, how many?
Mr. Odio: Well. they would have to... In other words, what we would do, I
think we would have to work an arrangement where we calculate the payments of
$1.60 per household and pay the SEA, or whoever, and they in turn would have
to hire people. Because we have to stay outside of the bargaining... the
contract that we have. We cannot hire the people.
Commissioner Dawkins: OK.
Vice Mayor De Yurre: We cannot hire the people?
Commissioner Dawkins: But they can.
Mr. Odio% No, sir. If we do, then we have to pay City rates.
Mr. Carmenate: Excuse me. If you're wilting to pay it to them, why can't you
just keep it and pay it to the employee directly?
Mr. Odio: Well, it's a legal matter. And I don't think we can...
Vice Mayor De Yurre: But you say... You feel that it can be worked out. Is
that what you're saying?
Mr. Odio: Yes, we can work it out.
Vice Mayor De Yurre: Because, again, my philosophy is, you !snow, whatever we
can do in-house and if we've got the people, and I'm sure we've got the people
who can do the job, I'm willing to give it a shot before going out.
192 February 9, 1993
C
Mr. Odio: If what we're talking about is that we would pay the SEA, or
whatever...
Vice Mayor Be Yurre: The one point one five two million dollars.
Mr. Odio: No. The one... I'd rather go with the $3.56 up -front monies that
we talked about...
Vice Mayor Be Yurre: Yeah.
Mr. Odio: ...per household and then when the contract gets going it's $1.60
per household they picked up.
Vice Mayor Be Yurre: How much money are we talking about total? Right now
I'm looking at $1.60 per household, per month...
Mr. Odio: Right.
Vice Mayor Be Yurre: ...amounts to annually one point one five two million
dollars.
Mr. Odio: Correct.
Vice Mayor Be Yurre: We're willing... If they're willing to do it for that
amount, that's what we're talking about right now.
Mr. Odio: Well, what I... I was tying it to $1.60 per household, because if
we add... if there might be 61,000 or there might be 54,000...
Vice Mayor Be Yurre: I'm aware, but then that would apply to anyone.
Mr. Odio: That's right.
Vice Mayor Be Yurre: OK? So I'm trying to keep apples with apples. Right
now, the deal would be that they're willing to do it for the one point one
five two million dollars a year to do it for a one year period. Correct?
Mr. Carmenate: I tend to agree with the City Manager on that. Three point
five... Three dollars and fifty-six cents per household that we service.
Mr. Odio: No, that's up -front.
Mr. Carmenate: That means if there is a 12 unit apartment building and it's
all ground service and we're serving it, we expect to have payment for those
12 as well.
Vice Mayor Be Yurre: No, but that's something different. Here it says the
City contributes $213,000 for bins and public information...
Mr. Carmenate: But that's where he said it fluctuates. It might be 57 or
even go higher to 62.
193 February 9, 1993
s
Vice Mayor
De Yurre: And that's fine, but what I'm looking at is
the $160
Oar month per household.
Mr. Odic:
Yes.
Vice Mayor
De Yurre: That is what we're looking at.
Mr. Odic:
That's what we're looking at.
Mr. Carmenate: Yeah.
Vice Mayor
De Yurre: OK? It could be 61, then it's six...
Mr. Odic:
It could be 54.
Vice Mayor
De Yurre: ...it's an extra thousand times $1.60 per month...
Mr. Odic:
That's right.
Mr. Carmenate: That's for the...
Vice Mayor
De Yurre: ...per household.
Mr. Odic:
That's right. We would go per the billing that we...
Vice Mayor
De Yurre: This $3.56 really is not applicable, because
it deals
directly...
Mr. Odic:
No.
Vice Mayor
De Yurre: ...with the $213,000, which we don't have to
pay. So
that's out
of the picture.
Mr. Odic:
That's out of the... Yeah.
Vice Mayor
De Yurre: Right? It's out of the picture.
Mr. Odic:
That's right. They don't need that...
Vice Mayor
De Yurre: History. Bye-bye.
Mr. Odic;
They don't need that money.
Vice Mayor
De Yurre: OK. So basically, we're dealing with the
$1.60 per
month, per
household, which amounts to for $60,000 homes... 60,000
homes,
households
- 1.152 million dollars. If it goes up to 61, then we
figure it
out at $1.60
per month per household. If it goes down to 59, we
figure it
$1.60 per month per household.
Mr. Carmenate: But you also have.,.
Vice Mayor
De Yurre: Right?
194 February 9, 1993
Lg
kY1.
JP -
Mr. Carmenate: One
other thing, and you also have to give
us for education.
Education goes for both
ways.
Mr. Odio:
Well...
Mr. Carmenate: We
also have to educate our people, just
the same way they
would have
to educate
our people.
Mr. Odio:
That is correct.
Vice Mayor
De Yurre:
OK. And what are we willing to do about
that?
Mr. Carmenate: So,
you would have to give us that, too.
Mr. Odio:
We had...
They had $96,000 worth of educational
money.
Vice Mayor
De Yurre:
Which is... comes out of the $213,000?
Mr. Odio:
Yes.
Vice Mayor
De Yurre:
OK. So, then we're still saving what
- $117,000?
Mr. Odio:
Yes, sir.
Mr. Carmenate: Right. Yeah.
Vice Mayor De Yurre: We ' re saving.
Mr. Odio: Well...
Vice Mayor De Yurre: OK.
Commissioner Plummer: Not on the first year.
Mr. Odio: Yeah. Because...
Vice Mayor De Yurre: Hello? Yeah.
Commissioner Plummer: No, well... Can... Excuse me. May I ask one
question, Victor? Mr. Manager, what about disposal of the recyclables? I
would assume...
Mr. Odio: They would have to be responsible for it, just like IWS...
Commissioner Plummer: Well, excuse me. I would assume that the private
company - it doesn't say that here...
Mr. Odio: They have a contract to dispose.
Commissioner Plummer: ...that their... the recyclables they collect will be
to dispose of no cost to the City.
Mr. Odio: Absolutely.
195 February 9, 1993
Mr. Odio: They would have to find a...
Commissioner Plummer: ...how would we dispose of it and is... what would be
the cost if it was to the City?
Mr. Odio: Wait. Out of the $1.60 they get, they have to pay disposing fee.
The disposal... They have to dispose of it.
Commissioner Plummer: All right. Can you give me an estimated cost of the
disposal fees, on an annual basis?
Mr. Odio: No. I have to... I don't...
Commissioner Plummer: Roughly. I mean, do you have a ball park figure?
Mr. Odio: I don't have it here now.
Commissioner Plummer: What's your ballpark figure?
Vice Mayor De Yurre: Yeah, J.L., you know what we're looking at, J.L. We're
looking at...
Commissioner Plummer: Wait, hold on. Let me...
Vice Mayor De Yurre: ...entering into a contract with them, the same as we
would with the private sector.
Commissioner Plummer: OK. But you know, Victor, if you go... That's... Let
me get one more number and then I'll make my point. What was your estimate of
the disposable fee?
Mr. Ralph Velocci: There's about a ten percent residue factor on about 15
pounds per household per week.
Commissioner Plummer: Please talk my language. How much did you set aside
for disposable fees?
Mr. Velocci: I didn't set an absolute number aside for the City.
Commissioner Plummer: Can you give me a number?
Mr. Velocci: It's costing us $350,000 for 260,000 homes a month. So, if
somebody took a calculator and multiplied 260,000 a week, 1,000,000 homes a
month, times 12 and divided $350,000 into the million. That's about what it's
costing us.
Commissioner Plummer: Oh, Jesus. Where's Einstein?
Mr. Velocci: Into the 12,000,000.
Commissioner Plummer: If you've got a rough idea...
196
February 9, 1993
J
Mr. Odio: Actually, Commissioner, let me...
Commissioner Plummer: Look, here's what I'm trying to say.
Mr. Odio: If we enter into the same contract with them - J.L., just a minute
will you? - it would be up to them to make sure they can dispose with this
figure. So, what we could do, is they have a few days to work this out
before...
Mr. Velocci: Commissioner...
Commissioner Plummer: Mr. Mayor... Mr. Manager, I am looking...
Mr. Velocci: Commissioner...
Commissioner Plummer: Yes, go ahead.
Mr. Velocci: Can I make just a statement?
Commissioner Plummer: If you... Only if you have my answer. If you don't
have my answer, please let me make my point.
Mr. Velocci: Make your point.
Commissioner Plummer: All right, sir? By their own admittance, their labor
costs are $720,000 - that's labor, 30 employees. OK? That... Well, no. Did
not I hear $8 an hour...
Mr. Carmenate: Right.
Commissioner Plummer: ...seven hundred twenty thousand dollars is 30
employees.
Mr. Carmenate: Correct.
Commissioner Plummer: OK? Now, that means that they've then got to come
up... somebody's got to come up with $160,000...
Mr. 0dio: You're seeing 1t different. They could take this money and they
could very well go in piecemeal with their drivers and employees and say if
you pick so many homes, we're going to giving you some...
Commissioner Plummer: Sir, may I finish?
Commissioner Alonso: Do we have an...
Commissioner Plummer: Can I finish, please? And if then you want to tear me
apart, do it. Seven hundred and twenty thousand are tabor cost. They've got
to buy - if they're going to run the program, to continue to just have the
first bins for a unified across the City - another $160,000. I'm assuming
they're going to pay $4 a bin, just like anybody else. OK? Now, if they
provide the second bin, measuring apples to apples, it's an additional
$240,000. Add to that $96,000 for the educational program and the one figure
that I'm losing, of course, is the disposable fees, which I don't have. It
197 February 9, 1993
comes to a total initial cost of the first year of $1j216,00O. Now, I'm
assuming that the disposable fees are somewhere... What? I mean, somebody
must know what we're talking about.
Mr. Velocci: It could be thirty, forty thousand dollars.
Commissioner Plummer: For a year?
Mr. Velocci: I'm guesstimating.
Commissioner Plummer: OK. So, you're talking about then one million two
hundred... two fifty. OK?
Mr. Carmenate: Commissioner, in the present system that we were using, we
didn't pick up anything that we couldn't use.
Commissioner Plummer: What do you mean?
Mr. Carmenate: Because we hand -sorted everything. Not... Like IWS, they
don't hand -sort, they take it to their MRF (material recycling facility) and
then separate it. Where...
Commissioner Plummer: Sir, I don't know that. OK? I'm just saying...
Mr. Carmenate: Well, that's why I'm trying to explain to you.
Commissioner Plummer: I'm trying to figure out what disposable fees are.
Mr. Odio: Commissioner, let me...
Commissioner Plummer: Now, that's a first year start-up cost only. The
second year you drop down by $400,000 and so do they, of course, because you
already have the bins in place.
Mr. Velocci: Commissioner, at this point can I say something?
Mayor Suarez: Did I hear him correctly to say that they don't anticipate, in
their sorting system, to ever have anything that they have to a disposable fee
for, because all of it is somehow...
Commissioner Rlonso: Sorted out.
Mayor Suarez: ...accepted by someone, or if not paid for, at least accepted
at no charge? Is that what you're saying?
Mr. Carmenate: That's correct. Because we hand -sorted everything.
Commissioner Plummer: Well, I think...
Mayor Suarez: Of course, it all depends on the market.
Commissioner Plummer: That's... Exactly.
198 February 9, 1993
marf 010
Mayor Suarez: mean, at same point, there was a market flit newspapers,
now..
Commissioner Plummer: The glut is...
Mayor Suarez: Right.
Commissioner Plummer: They're paying nothing.
Mayor Suarez: And Ralph, I know you're going to want to say something, but
I.�. Mr. Manager, before we continue on this, and I discussed this with the
City Attorney briefly...
Commissioner Plummer: Mr. Manager.
Mayor Suarez: ...as you consider this alternative, you're not considering 1n
a contractual way. You're considering, I presume, as part-time City
employees, in some way. I mean, I know you want to think of them as if they
were bidding against them, but then you get into...
Commissioner Plummer: It has got to be contractual.
Mayor Suarez: ...you get into the whole issue of...
Commissioner Plummer: Mr...
Mr. Odio: The answer would be, I guess, Mr. Mayor, in any legal way we can do
it. We finance a structure...
Mayor Suarez: All right. Now... Which brings me to my next question. We
had a recycling system going and it was half of the City. We stopped it - I
don't know why. I don't believe this Commission ever approved it. We went
through a process of having, by Mr. Melton's estimate, I think nine hearings
on this. We were getting ready to award a bid to a private operator, thinking
that that was the way to proceed. We were going to... We had a deal, I
thought, with the union that we were going to absorb all of their people, so
that no one, at least, would be laid off.
Commissioner Plummer: Laid off.
Mayor Suarez: We thought the whole thing made sense. Why do we all of a
sudden find what was otherwise a creative idea presented to us? And frankly,
this is as much as directed to the Administration as it is to the union.
Louis and Bob and company, why do we hear of this for the first time today?
Mr. Odio: Well, number one...
Mayor Suarez: I mean, there are some of us up here who always prefer to use
our own employees, if we can do it economically.
Mr. Odio: But the way...
Mayor Suarez: But we're also embarrassed to have people from the private
sector, who have taken their time, who have participated in a bid, who
199 February 9, 1993
77 y }may
presumably do this in a
cost-effective way,
because the one thing you know -
- about the private sector
1s that they are cost-effective,..
Mr. Odio: I didn't know,
Mr. Mayor...
Mayor Suarez: ...and have gone this far and
then all of a
sudden, you know,
here's the union getting
its act together.
_-
Mr. Odio: Well...
Commissioner Plummer: Well, let...
Mayor Suarez: Here's the Manager saying, "Why don't we do it that way?"
Mr. Odio: Wait. No, no.
Commissioner Plummer: Let me tell you for one, Mr. Mayor.
Mayor Suarez: Yeah.
Commissioner Plummer: OK? I never was made aware until this morning that
there was a $3.56 per initial start-up. I never heard that before. I never
heard about the buying and selling of bins. What I had heard previous to this
morning, and I was so strong for the private sector, was a $1.57 as opposed to
$2.40. Now, based on that, any simple idiot could make a decision you've got
to go private sector. It's a savings of 80 cents right off the bat.
Mayor Suarez: Well, but the private sector always gets his start-up cost paid
back.
Commissioner Plummer: But that's not the case.
Mayor Suarez: They always do. I mean, they build that into their formulas
and these are being treated as the private sector, they would also have to
contribute, presumably, that $3.50 up front. I don't...
Mr. Odio: Well, may I answer the Mayor? Number one, I did not know until now
that they were willing 1: do 1t for the same price as the private sector. And
if you ask me, and our people are willing to do It for that price, I would say
that we go with our people and I have always been of the philosophy, and they
know that, that they should be owning that department and compete with the
private sector. That's nothing new. I've been saying that for two years.
Mayor Suarez: But you've been saying that for three years.
Mr. Odio: That's right. So, now...
Mayor Suarez: I've been having talks with the Solid Waste Department and the
union. They're ready to be canpetitive. They're ready to consider profit
incentives. They're ready to create agencies of their own.
Mr. Odio: Right. Now for...
200 February 9, 1993
Mayor Suarez: I even thought we were going to have the SEA create a nonprofit
agency... -
Mr. Odio: That's what I want.
Mayor Suarez: ...that was going to bid on these things. —
Mr. Odio: That's what I want.
Commissioner Plummer: That's what I thought.
Mayor Suarez: That never happened.
Mr. Odio: That's what I want. And now they are here...
Mayor Suarez: And now you're saying that 1t can... and the City Attorney is
saying it cannot be as a private contract, it must be as City employees. I
mean...
Mr. Odio: Well, but now, for the first time since three years, they cone up
and say, "We are willing to do this." And we should say, "Thank God. Let's
go
Vice Mayor De Yurre: Guys, can I make a motion?
Mayor Suarez: Yeah. If it's going to be in any way counter to his interest,
please let him have a say so that we don't later... -
Vice Mayor De Yurre: OK.
Mayor Suarez: ...get accused of... But you can make the motion in any event.
We can put it on the table.
Vice Mayor De Yurre: No, no. Let him speak.
Mayor Suarez: All right. Either way, because...
Mr. Velocci: I just want to bring out a few points for clarification. One is
we do have a MRF and we do sort out our material on MRF. But we've got a 65
percent participation rate because we have a MRF. It's very simple. And we
also pick up more materials in our program. And the $1.60 includes buying all
the trucks, maintaining all the trucks, buying all the employees, running a
MRF, total our responsibility. If we don't make a bottom line, we eat it. We
spend $480,000 on bins no matter how you juggle those numbers. That's what it
costs us the day after we say yes with you people. OK. We do take your
$213,000 and put it into the program for a start-up factor. It's divvied up
in different ways to get the program going and it's our responsibility. If
the truck catches fire, it's ours. If the truck turns over, it's ours. We've
proven ourselves. We do over 1,000,000 homes a month in Dade County - over
1,000,000. This is not something that we're going to start and figure out the
numbers in ten minutes. OK? This is for real. At $1.60 a home, there is no
one in the United States of America that can do it for less. And all due
respect, not even the union. I mean, we do millions of homes. This is the
cheapest program that I know of in the country, and I know the business, I
201 February 9, 1993
0
live it through the United States of America. It's your choice, but those are
facts. And we do pick up more materials and we're going to add another seven
or eight materials to the program in the next, hopefully, 30 days. The fellow
f Dade Count is sitting right there who has been in this meeting, who is
I y
negotiating with me, who has all the facts and all the numbers on how much
material. You do get contamination when it rains. The newsprint goes bad.
You have to dispose of it. From time to time, through mixing glasses, you do
get contamination. Glass breaks in the bins. If you pick up all the
glasses - we pick up all the color glasses, all the plastics, all the cans,
and all the newsprint. And anything that comes in the newsprint which is
contaminated, we have to throw away, like magazines.
Commissioner Plummer: Give me an idea of what these other seven or eight
materials are that you're contemplating picking up, and are you contemplating
that as a free item to the present existing contracts?
Mr. Velocci: No, we're not contemplating it to be free. We're negotiating
with the County. We're contemplating picking up batteries, which is a
sensitive item. OK?
Commissioner Plummer: What about tires?
Mr. Velocci: We're not picking up tires. It's not a recyclable like we think
of it. Our commercial vehicles do separate the tires and we do put them in a
different pile on the commercial vehicles. We're thinking about picking up
PCV vinyl. We're thinking about picking up color vinyl. These are materials
that you can't get rid of, unless you have volume and you have outlets. And
when we don't have outlets, we eat It. We send our glass clear across the
state to get rid of it and not dispose of it. There is not a recycled
material - glass, it's very difficult to get rid of. Green glass is a foreign
glass. If you think about it, everything we use green is from outside our
country, on the most part. Brown is difficult to get rid of. The only glass
that's not difficult to get rid of is white. Those are our responsibilities.
If our revenues go above 50 cents a home, you share in them. This is not a
Mickey Mouse program. This is not something we pulled out of the air, we
worked at it for a long time. And for $1.60 you can put out the bids you
want, and you could instruct your staff tomorrow morning to put out bids.
I'll be more than willing to bid against anybody, because I know the numbers
out there. So, it's your choice and thank you for the moment.
Commissioner Plummer: Thank you for being a gentleman.
Vice Mayor De Yurre: Mr. Mayor?
Mayor Suarez: Yes, Mr. Vice Mayor.
Vice Mayor De Yurre: I tell you, you know, knowing the work IWS does and
their professionalism, and obviously, anybody that covers 1,000,000 homes has
to know what they're doing, so that is well recognized. Yet, I feel that we
have a responsibility to.our union and to our workers, our employees, and I'm
going to put a vote in faith in that they can match the job. And they're
saying that they're willing to do it on an equal basis as what the proposal
was and I'm willing to take them on their word. We're talking about a one
year period to see how it goes and then meanwhile we can do... as we gauge
202 1.ebruary 9, 1993
01
it, then we can take the steps that are necessary to proceed or to make
changes. And I think that would be fair enough to everybody here. So, I
would move at this time that we award this job, under the same conditions, to
the union, for a one year period.
A. Quinn Jones III, Esq. (City Attorney): You can't... can't,..
Mr. Odio: You can't do it that way.
Mr. Jones: Commissioner, you've got a legal impediment to that.
Mayor Suarez: Please give it legal form, you know what he's intending to do,
so that Commissioner Dawkins can second it...
Commissioner Dawkins: All right. Wait a minute. Let me...
Mayor Suarez: ...before you tell us it's not legal, moral, proper,
constitutional.
Commissioner Dawkins: Let me see if I can help him, Mr. Mayor.
Mayor Suarez: All right, sir.
Commissioner Dawkins: I would amend the motion to say that since the City
Commission is desirous of attempting to save money for City residents, to
employ City residents, and to keep those employees who are working, working,
that we award the recycling contract to the existing workers in an effort...
until we can perhaps prepare an RFP (Request for Proposals) or something to
come up with something different. Now...
Mayor Suarez: All right, sir. Let me...
Commissioner Dawkins: Mr. City Attorney, put that...
Mayor Suarez: Let me redefine a little bit and say that you're proposing, I
believe, a demonstration project using City employees for the duration of one
year.
Commissioner Dawkins: OK. Is that legal?
Mr. Jones: As long as they're City employees.
Vice Mayor Be Yurre: Of course.
Commissioner Plummer: Let me ask some questions.
Commissioner Dawkins:
employees, sir.
Mr. Odio: Yes.
Oh, wait a minute. Now ninety -nines are City
Mr. Jones: I understand that.
Commissioner Dawkins: OK. All right. I just need to know.
203 February 9, 1993
Commission
-
understand
--
Commission
Commission
-'
going to p
Mr. Odio:
that would
-
Commission
Mr. Odlo:
-_
Commission
Mr. Odio:
Commission
the idea.
it before,
additional
Mr. Odio:
Commission
-
Mr. Odio:
Commission
Mr. Odio:
you for a
=
Commission
Mr. Odio:
tomorrow..
It's my he City is
that. But
just...
and I like
I've said =_
aks to the
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interrupt -
minute.
er Plummer: All right.
We cannot do that right now. Let me sit down, I'll do that
.
Vice Mayor De Yurre: You bring it back for final approval.
Mr. Odio: Let me get the $1.60...
Commissioner Plummer: Well, you see, I made a statement earlier in the day,
that you're going to make me backtrack on, that I was going to vote on
something today before we left here.
Commissioner Dawkins: We are voting. We have a motion.
Mr. Odio: Well, we are going to do it.
er Plummer: All right. Let me ask some questions.
ing...
er Dawkins: I second the motion.
er Plummer: OK. Is it the intent of the motion that t
ay $1.60 per household to who?
That's what we need to work out, how we're going to do
... The intent would be...
er Plummer: Well, OK. But wait a minute. You know, you
...that that would be the...
er Plummer: It's not just that simple, Mr. Manager.
We need to...
er Plummer: The motion made is a very simplistic motion
If it can be done in-house for the same price, God knows
let's do it in-house. Now, my question is, nothing spe
bins - where the money's coming from, even for the first
Commissioner, we just came up...
er Plummer: Or the second ones.
We just came up with this.
er Plummer: What about...
Let me... Give me a chance. Let me... Please, let me
204 February 9, 1993
e gt
Commissioner Dawkins: We have a motion, Mr. Commissioner, to let the present
garbage workers...
Mr. Odio: Let them start.
Commissioner Dawkins: ...start picking up recyclables tomorrow and that's the
motion on the floor.
Commissioner Plumer: But you're not giving me where I can compare apples to
apples.
Commissioner Dawkins: But you didn't say that. You said you'd be ready to
vote.
Commissioner Plummer: Who is going to maintain the trucks? Who's going to
buy the bins?
Mr. Odio: We.... They're...
Commissioner Plummer: Who's going to pay the insurance?
Mr. Odio: Well, let me...
Commissioner Plummer: All of those factors have got to be put on top of the
table.
Mr. Odio: I think I have the answer for that.
Commissioner Pl umrner: OK.
Mr. Odio: We will sit... We have a book price on the... Do you want me to
do it now? OK. We have a depreciation price of those trucks. We would put a
price to those trucks, they would have to pay the City for those trucks, like
they are. We would... And then what we can do, instead of paying cash for
them, we can do a deduction system.
Commissioner Plummer: They're going to maintain than?
Commissioner Dawkins: Lease option.
Mr. Odio: We can maintain it for than at a prearranged cost, if they so
choose, and they know what mechanics are, they know what they make, if they
want to do that, fine. If not, they could take them outside...
Commissioner Plummer: Let me understand one simple thing,
Mr. Odio: But they...
Commissioner Plummer: Are we talking about they, them, as a separate entity?
Mr. Odio: I don't want to say a...
Commissioner Plummer: In other words, if they goof up and have $1,000,000
lawsuit against them that's awarded a judgement, who's paying the $1,000,000
lawsuit?
205 February 9, 1993
Mayor Suarez: The closest thing is an enterprise fund of the City.
Commissioner Plummer: But you're...
Mr. Odio: We would have to...
Mayor Suarez: But you're right that the one item that is never going to be
comparable, and Ralph made allusion to it...
Mr. Odio: Is that.
Mayor Suarez: ...is the risk. It's true. Any kind of lawsuit, any kind of
toss, is going to ultimately be the full faith and credit of the City. It's
our liability.
Mr. Odio: We know that.
Commissioner Plummer: Well, but you see that's what I'm trying to determine,
Mr. Mayor.
Mr. Odio: We... Commissioner, you're in fact.. if you do this, you are
their partners. And because we're partners, we would have to make sure they
do not fail...
Commissioner Plummer: Partners is one thing.
Mr. Odio: Partners.
Commissioner Plummer: OK? But are they a separate and total entity, or not?
Mr. Odio: I need to work that out.
Commissioner Dawkins: After this, I have a motion to make, if this carries.
Mr. Odio: They are the SEA.
Commissioner Plummer: Huh?
Commissioner Dawkins: I have a motion to make, if this carries, that might
clear up what we're doing, if this carries.
Commissioner Plummer: Well, try it. Let me listen to it, please.
Commissioner Dawkins: OK.
Commissioner Alonso: I have one question from the City Manager. Mr. Manager,
why didn't you look into this possibility before?
Mr. Odio: But I have. I've been looking at this for three years,
Commissioner.
Commissioner Alonso: And what happened? How come all of a sudden...
206 February 9, 1993
t
Mr, Odio: Because they would never accept that before and I'm very.,. I'm
delighted they're corning forward today.
Commissioner Plummer: It was proffered before.
Mr. Odio: I have been telling them for three years... Menditto, you'd better
get up there and tell them.
Mr. Menditto: I'm here. I'm here. I'm not going any place.
Mr. Odio: I've been trying to give him the whole...
Commissioner Alonso: Well, he has come to see me many times. We have talked
about this.
Commissioner Plummer: I'm telling you.
Commissioner Dawkins: Mr. Mayor, if this motion carries...
Commissioner Plummer: It's too broad.
Commissioner Dawkins: Mr. Plummer... Mr. Plummer, if this motion carries,
I'm going to make a motion that this Commission establish a committee to work
with the sanitation department to create a profit sharing entity in which the
whole garbage department, as the Manager and I have been trying to do for
three years, is owned by the SEA - it's their entity, they will share in the
profits and they will share in the losses and they will,.. some kind of a
way, and I don't know how, Mr. Mayor, but after operations.,. and I'm just
thinking out loud. If we could get a consultant, or somebody to write it up,
one third of the profit will go to a company, one third of the profit will go
for maintenance and upkeep of equipment, and one third would got to a pension
plan for pension and insurance. But if this motion passes, I will make a
motion that we attempt, for the first time in the United States of America, to
establish a profit sharing entity within the City of Miami, where some workers
can own the garbage and pick it up and what have you.
Commissioner Plummer: You'll not be the first.
Commissioner Dawkins: OK.
Commissioner Plummer: There are already ones existing.
Mayor Suarez: All right.
Commissioner Plummer: Yes there are. City of Lakeland.
Mayor Suarez: We have a motion before us on a demonstration project, the
outlines of which have been specified. Obviously...
Commissioner Plummer: Is this motion, if passed today, Mr. Mayor, implemented
tomorrow with them starting, or as soon as possible?
Commissioner Dawkins: As soon as possible.
207 February 9, 1993
Mr. Odio: We'd like to start recycling on Monday, if possible.
Commissioner Plummer: See, and there's just too... I want to vote for them,
but there are too many unanswered questions.
Mr. Odio: We can bring those answers as soon as we can get some people
working on it today and I can... we need to put this in writing, and we need
to work it up.
Commissioner Plummer: Mr. Manager, for the record, I have stated all the way
along, if we could do it in-house for the same or less... I'll even go ten or
20 cents more to do it in-house, but I don't have the answers of the bottom
line.
Mr. Odio: What...
Commissioner Plummer: Are they going to establish an insurance policy to
protect, indemnify the City against any kind of lawsuits?
Mr. Odle: When you say they...
Commissioner -Plummer: Are they going to maintain the trucks?
Mr. Odio: No.
Commissioner Plummer: Who's going to buy the bins?
Mr. Odio: We...
Commissioner Plummer: All of these are questions that are not answered.
Mr. Odio: I can answer them one at a time. They cannot provide insurance
because they have just being established. As I told you before, I used the
word "partners," we are in partnership with them. We are taking risks with
them and our insurance would have to cover them, until we can get them going.
As far as the trucks are concerned, they will have to pay for there and I think
they're willing to do that. As far as the maintenance, we can sit down and
negotiate a rate deal, and so much per tire, so much per fuel, so much per
changed oil, so much for maintenance. They can agree to that together with
Charlie Cox in the heavy equipment part and work out a deal in there, or they
can go outside. But that can be worked...
Mayor Suarez: "They" really becomes "we" in that situation, remember.
Mr. Odio: It's "we." It's "we."
Mayor Suarez: Right.
Commissioner Plummer: I don't mind "we," but I've got to know what "we" is.
Mayor Suarez: One good thing about...
Mr. Odio: Well, "we" is cheaper than what you've got now, if we went back to
recycling.
208 February 9, 1993
Mayor Suarez: ...the Risk Management aspect of this, before I...
Commissioner Plummer: Maybe.
Mayor Suarez: ...get a chance to say... have my say about what we've done
here, 1f this passes. One good thing about the Risk Management aspect of it
is, the kinds of claims that resolve from this kind of program are typically
under sovereign Immunity, because I can't imagine that too many would somehow
fall outside of it and become civil rights claims, or anything like that. So,
we do have, you know, a fairly good cap as a City - $100,000.
Commissioner Plummer: You're kidding me. When was the last time you knew
sovereign immunity worked?
Mayor Suarez: But having said that, I have to tell you how I'm going to vote
on this, and I'm not going to vote in favor of it and I'll tell you why. I
think, Mr. Manager, if I didn't believe in the good faith of yourself and
these folks from the union, this is almost like a setup. First, you abandon
recycling. Then you tell us you've worked out a deal... I could have sworn I
heard in private and in public meetings that you said you had a deal with
union and they would absorb the loss of the employees that would come from
having a private company doing the recycling. Then, all of a sudden, at the
last moment, they're ready to accept the rate in question. And again, I
believe in the good faith of both sides, I just don't think at this stage this
is the smarter of the two ways to go. I would have thought that...
Commissioner Plummer: I don't know without the answers.
Mayor Suarez: ...going with the private entity that is working under the
County's umbrella contract may be a way of sort of doing a very limited
privatization for a few... for a year, as he was proposing, or something.
Commissioner Plummer: We're not going to... We're not going to meet next
Thursday.
Mayor Suarez: And that would get the union to realizing they do have to be
competitive. But to allow them to do it at the last moment with all of these —
unanswered questions...
Commissioner Plummer: We're not going to meet next Thursday now?
Mayor Suarez: ...and having put pressure on us... Because that's the worst
part of all, you have failed to establish a mandatory Citywide recycling,
which is what should have been done from day one when the legislature passed
that legislation for everybody. Instead you used up all the money buying
equipment, which now, apparently, we're trying to sell to somebody, and did 50 _
percent of the City's households, left out half of the City. At what point... _
=j Ladies and gentleman, at one point I was told a lot of the City wasn't ready
for recycling because the people who lived in those areas really couldn't be
4 educated to recycle, which is nonsense. Everybody in the City is ready to do
recycling. You wouldn't believe how desperate, how interested people are in
doing this, particularly if you save them a little bit of money. You manage =
to propose a plan that has no savings, because you have yet to come up with a
209 February 9, 1993
system where people are told that for less than $160 a year, we will take a
limited amount of garbage from their homes, which would have worked really
well because then people conserve. They're smart enough to conserve. They're
all smart enough. We're all smart enough to conserve if it means a savings to
the individual household. And now you present us with this half-baked plain
and.,.
Mr. Odio: I...
Mayor Suarez: ...force us to choose. And the one thing I do agree with my
colleagues is we're going to choose today, folks. We've got to vote. We've
got to get recycling back. Again, we've got calls... lust this morning, I
got a bunch of calls and letters on having abandoned recycling, the one
really, really good ray of hope in the area of solid waste management that we
have seen in many, many years. And I hate to... I shudder to think, if we go
through composting the way we have done this, how we're going to come out at
the end of the whole process. So...
Commissioner Plummer: We're already there.
Mayor Suarez: Well...
Commissioner Plummer: How many times have we met already on composting?
Mayor Suarez: Yeah. And we don't even have a site. Let the people be aware
once again, that some of us don't like the idea of doing this on Virginia Key.
In any event...
Commissioner Plummer: Oh, yeah. Much to the contrary, by dillydallying we've
lost all of the good sites that we were even considering.
Mayor Suarez: We have a motion and a second. If there's no further
discussion...
Mr. Manuel Gonzalez-Goenaga: No. One comment.
Commissioner Plummer: Mr. Mayor, for discussion, I'm going to have to vote
against the motion and I don't want to do it, but without the facts, I cannot
vote intelligently. I will not vote for it.
Mayor Suarez: All right.
Commissioner Plummer: And I want the union to be able to have it, if it's
humanly possible, but I've got to have facts to vote intelligently.
Mr. Gonzalez-Goenaga: May I...
Mayor Suarez: Wait. No, sir. This is back to the morning item.
Commissioner Alonso.
Commissioner Alonso: If,we go with this proposal, in fact what we are doing
is trying it and waiting for the next session. Even though we will start the
process, it will have to come back so that we will be given all of the
information and so many of the unanswered questions. So, what we wi11 be
210 February 9, 1993
ni
doing today is give a vote of confidence, both to our employees as well as the
City Manager, who seems to be in support of this proposal at this point.
And...
Commissioner Plummer: What about the 30 people who have to be hired?
Commissioner Alonso: Well...
Commissioner Plummer: There will have to be 30 people hired.
Commissioner Alonso: Well, I don't know... Let me go back to this number of
30 people. I asked in the morning if the people who were working, what
happened to them. And I was told...
Mrb Odio: They're working...
Commissioner Alonso: ...they were assimilated in the system. Right?
Mr. Odio: They are working in the system, yes.
Commissioner Alonso: Thirty or how many?
Mr. Odio: Fourteen.
Commissioner Alonso: Fourteen. Now many did we have working on She recycling
before? Fourteen?
Mr. Odio: We had 14, yes, before.
f Commissioner Alonso: Fourteen and it was half the City. So, you say we will
need 30.
f
Mr. Odio: Another 14. Total 28, 30 people.
Commissioner Alonso: Twenty-eight, 30.
Commissioner Plummer: Two per truck.
Mr. Odio: Yeah.
Commissioner Alonso: OK. They will have to hire these people. Could we take
some of the people who we have in the system and put them back where they were
before?
Mr. Odio: Yes.
Mr. Louis Watson: Maybe some, but you wouldn't be able to do it with all
because some have replaced some people who have died, you know.
Commissioner Alonso: That are really needed in the system.
Mr. Watson: Right.
Commissioner Plummer: You're locked in.
211 February 9, 1993
,-
*
„.:
Commissioner Alonso: OK.
Commissioner Plummer: Hey, I don't want to pass it up. All right? You know,
I would be... as much as I would hate to do this, I'll tell you, I would much
prefer to wait the two weeks, get all the facts and figures, so we all can
vote intelligently.
Commissioner Dawkins: No,.you were ready to vote today. I think you ought to =
vote today. —
Commissioner Plummer: I said that before, but that was before you came out of
left field...
Commissioner Dawkins: I think you ought to vote.
Commissioner Plummer: :..with a proposal that we hadn't even considered.
Now, you're sitting here, you can't answer my... Not you, sir. You can't
answer my questions. You can't give me intelligent answers. I think I
deserve no less than that.
Mr. Odio: Why don't I... The Commissioner mentioned a committee. Maybe you
can appoint one or two...
Commissioner Dawkins: I am prepared...
Vice Mayor De Yurre: What... Miller?
Commissioner Dawkins: I am prepared to follow the motion. If the motion
fails, then I'm prepared to cane back and listen to a substitute motion or
anything else. I am not prepared to remove the motion from the floor, unless
the maker of the motion 1s desirous of removing 1t.
Commissioner Alonso: OK. But I have some questions.
Commissioner Dawkins: Go right ahead.
Commissioner Alonso: If we approve this motion today, how soon are we going
to start? Next Monday? OK. And is it going to be on the basis of the
previous system, or will they be ready for Monday to do it as a company...
Mr. Odio: We would have to work up a system that we would figure out how many
households they are going to pick up, which would be the ones that we already
had started and pay them based on $1.60.
Vice Mayor De Yurre: Well, they can start on what already has existed...
Commissioner Plummer: That's it.
Commissioner Alonso: We don't have the means.
Commissioner Plummer: There's 40,000 bins that you're short.
Vice Mayor De Yurre: ...but they have to start working on the new areas.
212 February 9, 1993
Commissioner Dawkins: And they've already got...
Mr. Odio: We can work on something in the computer, so that we can figure out
how many households...
Commissioner Plummer: It will take you that long... two weeks to get the
bins.
Fir. Odio: ...how much they get paid, and deduct...
Commissioner Alonso: We have what, 30,000 bins at the present...?
Commissioner Plummer: Twenty-two.
Mr. Odio: Twenty-two thousand.
Commissioner Alonso: Twenty-two thousand?
Mr. Odio: Right. We can start picking...
Commissioner Alonso: He said we'd purchase...
Mr. Odio: We have lost some and we...
Commissioner Plummer: Hell of a way to run an airline.
Commissioner Alonso: OK. Twenty-two thousand. So, we need to purchase the
rest of the bins.
Mr. Odio: All right. I didn't...
Commissioner Plummer: We should call this Eastern Airlines Garbage Special.
Or Pan American.
Commissioner Alonso: So what we will be able to do is what we had, in effect,
before.
Commissioner Dawkins: No, I'd call it the Garbage Grand Prix.
Mayor Suarez: Please, please. _
Commissioner Alonso: So, what we will be doing is what we had before.
Commissioner Plummer: Budweiser. Turn it into Budweiser...
Commissioner Alonso: Right? On the basis of what we did before.
Mr. Odio: Right. To give us...
Commissioner Alonso: And in the meantime, work out with them the plan...
Mr. Odio: Yeah.
213 February 9, 1993
Commissioner Alonso: ...to make it effective on the basis of what we're
voting today.
Mr. Odio: We have to put it,..
Commissioner Alonso: Is that right?
Mr. Odio: We have to put it down in writing, yes. Down to writing.
Commissioner Alonso: So, what we're saying, Monday what we will be doing is
what we had in effect, not necessarily this proposal. Because they will not
be ready for Monday.
Commissioner Plummer: No way.
Mr. Watson: True.
Mr. Odio: No, but we can put temporaries on the trucks and let them start
Monday so the public can get the recycling back.
Commissioner Alonso: Yes. But you will be doing, on the basis of the City of
Miami...
Commissioner Plummer: Hell of a way to run on airline on temporary help.
Commissioner Alonso: .,.handling it that way.
Mr. Odio: Yeah.
Commissioner Alonso: .:.not their program, because it's not even fair to
think that they will be ready on Monday.
Mr. Odio: They... We could not have the details of this ready by Monday.
Commissioner Alonso: It couldn't be. They have to understand all the
consequences, all the responsibilities, everything. And that takes longer
than a few days. It will be even unfair to expect them to start on Monday.
So it will be the previous system goes back in effect.
Mr. Odio: Right.
Commissioner Alonso: That's number one and that's our understanding today.
And then, in the meantime, they will be working with the Administration, and
In two weeks we will have then the entire package coning back to us for a
final decision. Is that a proper understand...
Mr. Odio: Well, fine, if that's what the intent of the motion is.
Commissioner Alonso: This on the basis of the proposal today.
Vice Mayor De Yurre: Based on the proposal today...
Mr. Odio: Fine.
214 February 9, 1993
Vice Mayor De Yurre: ...which hopefully, once, if
proceed immediately to put what we want accomplished...
Mr. Odio: Fine.
it's approved, we will
Vice Mayor De Yurre: ...which is what we've been talking about, to put it in
motion.
Mr. Odio: I've got no problem with that.
Vice Mayor De Yurre: They can start Monday with what's already in place that
we've had for the last year or whatever...
Mr. Odio: Fine.
Vice Mayor De Yurre: ...to start working on that immediately, and then also
making plans to make the distribution of the bins in the routes that have
already been laid out that have not been provided the service of recycling in
the City, to start working on that. And I feel that within, not Monday and
not Tuesday or Wednesday, but within a short, very short period of time, we
will have a deal struck with all the terms that we have been talking about
here...
Commissioner Plummer: Without numbers.
Vice Mayor De Yurre: ...that will be in writing and they will be operational.
That 1s what I envision and it may two weeks, it may take three weeks to be
fully operational. That 1s something that needs to be worked out between the
parties. But the beauty of this is that, you know, we really stand nothing to
lose, because we have our own employees, we're witting to pay money for it,
which would have gone to one place or another. So, basically, we're saying
we're going to give you a chance to try something which is new, something
which is different, innovative, which is becoming a semiprivate/public entity
and see how that goes. And you guys are going to be the pioneers in this
field and we'll see if you guys have got the wherewithal, which I'm sure you
do, to make it happen. And that's where we're at so let's call the question
and let's move on.
Commissioner Alonso: Yeah. The problem is that in fact what we're going to
be doing on Monday is picking the recycling in the old system and not
necessarily in their system, because they will have a lot...
Vice Mayor De Yurre: Of course.
Commissioner Alonso: ...to decide and to organize. So we have to have it in
two phases. One, let's do it on Monday, the system that we had in effect and
continue to organize the process for you to be effective in what you...
Commissioner Dawkins: We accept that as an amendment to the motion.
Mayor Suarez: I deem...
Vice Mayor De Yurre: Well, that's...
215 February 9, 1993
Vice Mayor De Yurre: That's the only way that can happen.
Commissioner Alonso: Otherwise we will... we don't make any sense.
Mayor Suarez: If the movant and the second accept it, I deem that to be a
revision on the motion, which they apparently are accepting, which says
restart recycling as before, while we get the complete Citywide program under
wary.
Commissioner Dawkins: That's the amendment.
Commissioner Alonso: Yes.
Mr. Watson: OK. To the Commissioners, the Mayor, and...
Commissioner Plummer: Wait. Whoa, whoal Now, is that... That's a big
difference than what you said in the first place. Are you saying start on
Monday what we were doing before, bringing back the 14 employees that were
formerly there and wait until we get all the numbers to go any further than
that? Is that what you're saying?
Vice Mayor De Yurre: No, no. What I'm saying is let's get going.,.
Commissioner Alonso: No, no. And then organize... They w111 have to...
They need the people...
Mayor Suarez: I thought the motion would delegate to the Administration...
Commissioner Alonso: Yes.
Mayor Suarez: ...the working out of the details of the plan as to the
Citywide program.
Commissioner Plummer: But we will make a determination after the Manager
comes back with the facts and figures.
Vice Mayor De Yurre: Well, if it's... No.
Commissioner Plummer: Now, if that's not the case...
Mayor Suarez: It's got to...
Vice Mayor De Yurre: My motion is that if it's any different, you bring it
back. If it's what we have here, we've discussed, you keep going, running
with it.
Mayor Suarez: The numbers have to work out. I mean...
Vice Mayor De Yurre: That's it. I don't want to see it again. You know,
if... I think we're pretty clear as to what we want to accomplish.
Mayor Suarez: If the Administration is satisfied that the numbers work out...
216 February 9, 1993
Q
•
Vice Mayor De Yurre: That's it.
Mayor Suarez: ...it's up to you whether you want to bring it back. The
movant of the motion apparently Indicates that he is willing to have the
Administration...
Commissioner Alonso: They will keep us posted.
Mayor Suarez: ...make that determination and if the second accepts that, then
that's the way It's understood.
Vice Mayor De Yurre: That's it.
Mayor Suarez: All right.
Commissioner Alonso: OK. Call the question.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Commissioner Plummer: All right. Let me clarify. As of Monday...
Mayor Suarez: Don't call the roll. Clarification, Commissioner Plummer.
Commissioner Plummer: As of Monday, they will bring back the 14 people who
were previously there. They will put them on the trucks to start doing what
they did prior to ceasing the operation. They will not expand that operation,
until the Manager has came back to this Commission with a full picture of
costs, facts and figures.
Mayor Suarez: That's not the way that the motion was stated.
Vice Mayor De Yurre: No. No.
Commissioner Plummer: All right. Then I can't vote for the motion, Mr.
Mayor.
Mayor Suarez: The motion...
Vice Mayor De Yurre: OK. Fine. So...
Mayor Suarez: All right.
Commissioner Plummer: That's what I'm trying to find out.
Mayor Suarez: No, the motion is stated that If there is no substantial
deviation from the analysis made by the Manager here, from the numbers in
question, averaging out to the operational figures discussed, it doesn't come
back to this Commission.
Commissioner Plummer: Analysis measurable to what?
Vice Mayor De Yurre: The one sixty.
217
February 9, 1993
W
Mayor Suarez: That's the $1.60 per household per day.
Commissioner Alonso: To the entire City of Miami - 60,000 households.
Vice Mayor De Yurre: Per month.
Commissioner Plummer: Are we saying analysis measurable to what the private
sector has offered?
Mayor Suarez: Oh, yes, sir. Exactly.
Commissioner Alonso: Yes.
Commissioner Plummer: Ah!
Commissioner Alonso: Same price.
Commissioner Plummer: I here you. I just want to make sure.
Vice Mayor De Yurre: OK.
Mayor Suarez: And we're delegating in the motion, that determination to the
Manager. Now, if the Manager is concerned that there's deviation from that,
then it would have to come back to this Commission.
Mr. Odio: I can work this...
Commissioner Alonso: One last question. The 60,000 households - how did you
arrive at this nuanber?
Mr. Williams: That's always been the billing number on residential accounts.
Mayor Suarez: That's how many our served by presently residential accounts.
Mr. Williams: By residential accounts. Residential garbage collection.
Mayor Suarez: By City accounts. What is it exactly? Does anybody know?
Commissioner Alonso: I don't know how in the world could you possibly say
that when he told us, a while ago, that buildings, one-story buildings, they
are serving them. And you say this is the number of households that we have
on single residency billing. That's different from the...
Mr. Williams: I'm not sure where...
Commissioner Alonso: They were picking up the bins from...
Mr. Williams: ...exactly what his numbers are. The 60,000 is the number of
residential garbage collection accounts that we have...
Commissioner Alonso: In the City of Miami.
218 February 9, 1993
Mr. Williams: ...that we send out bills for in the City. I can verify the
exact number with Finance on how many they actual mail out.
Mayor Suarez: It's close to 60,000, is that what you're saying.
Mr. Williams: It's right at 60,000.
Commissioner Alonso: Sixty thousand. That's how you arrive at this number.
Mr. Williams: Exactly.
Commissioner Alonso: Through the billings.
Mr. Williams: Yes.
Commissioner Alonso: So, if we go there, we will find that it's very close to
this amount.
Mr. Williams: Yes.
Commissioner Alonso: OK. Thank you.
Mayor Suarez: Motion and a second. Any further discussion? If not, please
call the roll.
The following motion was introduced by Vice Mayor De Yurre, who moved
its adoption:
MOTION NO. 93-109
A MOTION OF THE CITY OF MIAMI COMMISSION STIPULATING
THAT SINCE THE CITY COMMISSION IS DESIROUS OF
ATTEMPTING TO SAVE MONEY FOR CITY RESIDENTS, AND IS
ALSO DESIROUS TO EMPLOY CITY RESIDENTS WHILE KEEPING
PRESENT EMPLOYEES ON THEIR JOBS, THE CITY OF MIAMI
AWARDS THE NEWLY -PROPOSED CURBSIDE RECYCLING PROGRAM
CONTRACT TO NE SANITATION EMPLOYEES ASSOCIATION AS A
DEMONSTRATION PROJECT, FOR THE PERIOD OF ONE YEAR;
SAID CONTRACT TO INCLUDE TERMS COMPARABLE TO THOSE
PRESENTLY BEING OFFERED BY THE PRIVATE SECTOR; FURTHER
STIPULATING THE CITY ADMINISTRATION SHALL IMMEDIATELY
REINSTITUTE THE PRIOR RECYCLING PICKUP PROGRAM WHILE
THE ADMINISTRATION PROCEEDS TO FINALIZE DEFINITIVE
PLANS AND DETAILS OF THE NEWLY PROPOSED IN-HOUSE
RECYCLING PROGRAM.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
219 February 9, 1993
F
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
NOES: Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ASSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: Well, I'm going to go and give a vote of confidence,
hoping that this will work. And, on the basis that we're going back to
recycling next Monday on the previous system, yes. I vote yes.
----------------------------------------------------------
NOTE FOR THE RECORD: Mayor Suarez left the meeting at
4:51 p.m.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: OK. Mr. Mayor, I'd like to offer an...
Commissioner Plummer: Let me ask a question, if I may, Mr. Oawkins.
Commissioner Dawkins: Go right ahead, sir.
Commissioner Plummer: Mr. Manager, are we not 440,000 people 1n this City?
Mr. Odio: No.
Commissioner Plummer: We're not?
Mr. Odio: No, sir.
Commissioner Plummer: Are we less or more?
Mr. Odio: According to the official census, 358 is the last number I saw.
Commissioner Plummer: Three fifty eight?
Mr. Odio: The official census, which we are contesting.
Commissioner Plummer: What do you think is a factual number?
Mr. Odio: It's more than 400,000 for sure, because there...
Commissioner Plummer: Well, I come up with a number that says if it's 440,
which I thought that it was and there are 60,000... You've got 7.3 people per
house?
Commissioner Dawkins: Yeah, but you...
220 February 9, 1993
Commissioner Alonso: Nigh.
Commissioner Dawkins: But you do have people in multi -dwellings that...
Commissioner Plummer: What happens... They're telling me... Mr. Dawkinso
they're telling me that they don't pick up recyclables 1n apartment houses. _ —
Commissioner Alonso: That's right.
Commissioner Plummer: What happens to those?
Commissioner Dawkins: The...
Commissioner Plummer: Under a State mandated program, what happens to the
apartment houses in 1994 that...
Commissioner Dawkins: You know, I agree that it should be known, but I also
agree that we've been getting money for five years to start a recycling
program and these are questions that should have been raised by us long before
now.
Commissioner Plummer: OK.
Commissioner Dawkins: Mr. Manager... I mean, Mr. Mayor...
Commissioner Plummer: I think he left.
Commissioner Dawkins: I'd like to either...
Commissioner Plummer: You're the Vice Mayor.
Commissioner Dawkins: I would... Vice Mayor...
Commissioner Alonso: Mr...
Commissioner Dawkins: Go right ahead, madam.
Commissioner Alonso: Commissioner, I don't think it will make any difference
1f we add the number of buildings to the numbers that we have, provided that
we give a bin to each apartment and they take it outside. It doesn't make any
difference whether it's one floor or two or more, provided that they take it
somewhere as the rest of the single residences...
Mr. Williams: Commissioner Alonso, I believe effective July, the mandatory
commercial recycling program kicks in in Dade County and then we will bring in
the major apartment buildings, the commercial establishments, et cetera.
Commissioner Alonso: OK.
Commissioner Dawkins: I would like to.... Mr. Vice Mayor, I would like for
us to consider presenting opportunities to develop a special public private
venture for the City of Miami and the Commission to issue an RFP trying to get
proposals, or either from grant writers who will write grants, to establish a
public private venture under which the following goals would be accomplished.
221 February 9, 1993
We would have a company collecting garbage and recyclables in the City of
Miami and that all the employees would share In the profits and that the
company would provide health care service for all of the employees, because
now we pay health care for individuals who do not have it because they go to
Jackson Memorial...
Commissioner Plummer: Are you saying, basically, Commissioner, to set them up
as a private company?
Commissioner Dawkins: Let them... Yes.
Commissioner Plummer: I think it's a great idea. I think it's a great idea!
And we'll pay theca. They handle it in its entirety, they make money on the
deal. God bless them.
Commissioner Dawkins: That's all.
Commissioner Plummer: They lose money? Don't come knocking.
Commissioner Dawkins: Because it's their company.
Commissioner Plummer: That's right. Let me tell you, just in case the others
don't know this, there are, across the United States, many private concerns.
Phoenix, Arizona has a private company that provides fire service. The City
pays a private company X number of dollars a year to provide fire service.
There are companies, I understand, where they're doing it with Police
Departments. Now, I don't ever want to go Police and Fire, but as far as they
are concerned, if they wanted to go and be a private company, I think it's
great. I really do.
Commissioner Dawkins: OK. Well, can we say that at the end of this trial
period for one year, that we come back with a proposal of some kind of a...
Commissioner Plummer: I would say come back as soon as they have a proposal
together.
Commissioner Dawkins: OK.
Mr. Odio: On what? On the rest...
Commissioner Plummer: That they become a totally separate entity business on
their own and we pay them to do and provide a service.
Mr. Odio: For garbage pickup and trash.
Commissioner Plummer: For everything relating to sanitation.
Mr. Odio: As we get... Once we get this one out of the way, we will sit down
with them and do it.
Commissioner Plummer: I think it's a...
Commissioner Dawkins: I will also sit down with... Wait a minute. All of us
should contact somebody who we know to attempt to write a proposal so that we
222 February 9, 1993
e
can take a little bit from her proposal, a little bit from mine, a little bit
from J.L., and a little bit...
Commissioner Plummer: May I suggest, Mr. Dawkins...
Commissioner Dawkins: ...and come up with... Yeah, go ahead,
Commissioner Plummer: ...that the Administration contact both the Florida
League of Cities...
Mr. Odio: OK.
Commissioner Plummer: ...and the National League of Cities, who can give you
a list of cities who today, presently are doing just that.
Mr. Odio: Fine.
Commissioner Plummer: And that would... You can learn from them...
Commissioner Dawkins: Thank you, Mr. Vice Mayor.
Commissioner Plummer: ...without reinventing the wheel.
Vice Mayor De Yurre: OK.
Mr. Odio: Great.
Vice Mayor De Yurre: OK. Moving right along. Thank you. You look good in
those duds.
Mr. Watson: Thank you.
--------------
40. DISCUSSION �EDRESSING CONCERNS
PRELATED
TO STEPHANIE DARRING (JERRY'S SUB
SHOP) AND TLIMITED
Vice Mayor De Yurre: OK. Item number 27. Commissioner Dawkins.
Commissioner Plummer: Twenty-seven?
Commissioner Alonso: Yes.
Vice Mayor De Yurre: Yeah. Where do you want to go to?
Commissioner Plummer: I thought we were up...
Commissioner Dawkins: Twenty-six is...
Ms. Matty Hirai (City Clerk): No, it had been tabled.
Commissioner Dawkins: is Miss Count here?
223 February 9, 1993
Q
Vice Mayor De Yurre: Was that tabled or not?
Commissioner Dawkins: Miss Count... Yeah, Miss Count isn't here. So we can
go ahead to twenty...
Vice Mayor De Yurre: Seven. CK. You're on.
Commissioner Dawkins: Mrs. Darring. Counsel, are you going to participate?
Vice Mayor De Yurre: OK. Name and address, please.
Mr. David Talty: My nave is David Talty, 3256 Virginia Street, Coconut Grove.
Commissioner Dawkins: Are you being paid for this?
Mr. Talty: Yes, I am.
Commissioner Dawkins: Have you registered as a lobbyist for the City of
Miami?
Mr. Talty: Yes, I have.
Commissioner Dawkins: Thank you.
Vice Mayor De Yurre: Go ahead.
Mr. Talty: I'm President of a company called Restaurant Performance. I'm
also a professor at Florida International University where I teach in the
hospitality school. And I have been retained by Stephanie Darring, the owner
of Jerry's Subs, a tenant in Bayside, to provide consulting services for her
and her business.
Commissioner Plummer: Gary, are you representing Bayside?
Mr. Tatty: Very briefly, what I would like to bring your attention today is
this, Ms. Darring started Jerry's Subs in the Bayside development back in
1987. She was...
Vice Mayor De Yurre: Can you ,just tell me, first of all, what you're here for
and then we can have an idea as we listen?
Mr. Tatty: Certainly. I'm here to help resolve a rent and some other
problems relative to her financial well-being as the operator of this
business.
Vice Mayor De Yurre: OK. And you're renting rrom Bayside? OK. Now...
Commissioner Plummer: What have we got to do with it?
Vice Mayor De Yurre: Yeah. Mr. City Attorney, what is our position on this
from a legal standpoint? And are we the people to talk to or do they have
directly with Bayside, or what?
224 February 9, 1993
Vice Mayor De Yurre: Was that tabled or not?
Commissioner Dawkins: Miss Count... Yeah, Miss Count isn't here. So we can
go ahead to twenty...
Vice Mayor De Yurre: Seven. CK. You're on.
Commissioner Dawkins: Mrs. Darring. Counsel, are you going to participate?
Vice Mayor De Yurre: OK. Name and address, please.
Mr. David Talty: My nave is David Talty, 3256 Virginia Street, Coconut Grove.
Commissioner Dawkins: Are you being paid for this?
Mr. Talty: Yes, I am.
Commissioner Dawkins: Have you registered as a lobbyist for the City of
Miami?
Mr. Talty: Yes, I have.
Commissioner Dawkins: Thank you.
Vice Mayor De Yurre: Go ahead.
Mr. Talty: I'm President of a company called Restaurant Performance. I'm
also a professor at Florida International University where I teach in the
hospitality school. And I have been retained by Stephanie Darring, the owner
of Jerry's Subs, a tenant in Bayside, to provide consulting services for her
and her business.
Commissioner Plummer: Gary, are you representing Bayside?
Mr. Tatty: Very briefly, what I would like to bring your attention today is
this, Ms. Darring started Jerry's Subs in the Bayside development back in
1987. She was...
Vice Mayor De Yurre: Can you ,just tell me, first of all, what you're here for
and then we can have an idea as we listen?
Mr. Tatty: Certainly. I'm here to help resolve a rent and some other
problems relative to her financial well-being as the operator of this
business.
Vice Mayor De Yurre: OK. And you're renting rrom Bayside? OK. Now...
Commissioner Plummer: What have we got to do with it?
Vice Mayor De Yurre: Yeah. Mr. City Attorney, what is our position on this
from a legal standpoint? And are we the people to talk to or do they have
directly with Bayside, or what?
224 February 9, 1993
¢�Y
A. Quinn Jones III, Esq. (City Attorney): from a legal standpoint, the
privity there is between Bayside and these individuals. The City in no way is
privy to any agreement that their... the agreement that's before you for
consideration.
Commissioner Plummer: What about minority?
Mr. Tatty: Yeah. She... Ms. warring was recruited...
Commissioner Plummer: Excuse me, sir. I don't pay you, Mr. City Attorney?
Mr. Jones: Yes.
Commissioner Plummer: In relation to that which we requested at Bayside
relating to minorities, does that come into play here and does it vis-a-vis
have anything to do with the rent? I think as we... as I recall , we were
trying to get minority representation. Now, does that in any way relate to
rent and...
Mr. Jones: It doesn't...
Commissioner Plunyrier: I guess what I'm saying is, does that allow it to come
before us for any reason to be heard?
Mr. Jones: Well, still... even... not withstanding any requirement that you
may have had relative to minority participation, whatever else, the whole
dispute about the rent, whatever, is still a dispute not between the City of
Miami and these tenants, it's between Bayside and the tenants.
Commissioner Plummer: OK.
Commissioner Dawkins: But, Mr. City Attorney, even though we have no bearing
on the outcome or suggestion, what other forum can a minority who feels that
it has been wrongly treated by Bayside, where the City of Miami demanded that
minorities get a fair shake at Bayside and an individual feels that it does
not and has not received a fair share, what prevents this body of
Commissioners, from hearing that complaint?
Mr. Jones: Nothing prohibits you from hearing it. The...
Commissioner Dawkins: Well, that's... All we're doing is hearing his
complaint.
Mr. Jones: Yeah.
Commissioner Dawkins: And by hearing this complaint, me, personally will let
it be known to Bayside how I feel, which I can do. I have... Like you said,
I have no business going to Sayside telling them, but as a member of this
Commission...
Mr. Jones: You can hear that complaint.
Commissioner Dawkins: ...I can explain to Bayside that I am thoroughly
disgusted, I am happy, or whatever, with them. Is that a correct statement?
225 February 9, 1993
Zv'�ts`�5 4i
-7-
11
Mr. Jones: That's correct, sir.
Commissioner Dawkins: Sep then we... So we can hear whatever there is to be
said.
Mr. Jones: That's your prerogative.
Vice Mayor De Yurre: Though there's no action to be taken, we can listen.
Commissioner Plummer: OK. You know, as long as the people are of the
understanding that we can listen, usually the implication is if you hear it,
you can act on it. But a.s long as the people who wish to come here and speak,
which they have every right in the world to do, fully understand that this
Commission has no right between two private parties to interfere, I'll be glad
to listen. But they've got to know that, because I don't want them to say
that we got up there and we hired a lawyer and the Commission did nothing.
The answer, before your start, is this Commission cannot interfere between two
private parties, so that should be understood.
j Commissioner Dawkins: But...
=� Commissioner Plummer: And I'll be glad to listen and if you want to call
-? Bayside all kinds of names I might agree or disagree with you, but as far as
i your problem is concerned, according to my City Attorney, we cannot
Interfere... Mr. City Attorney, am I correct?
Mr. Jones: That's correct.
Commissioner Plummer: We cannot interfere in resolving your problem. So,
take it from there.
Commissioner Dawkins: But, Mr. City Attorney, by hearing this and expressing
your likes or dislikes, you do tell Bayside that in the event that there is
something to be negotiated on and you feel that they have not acted in good
faith, that you may vote against their contract. You can do that, can't you?
Mr. Jones: Certainly. That's your prerogative.
Commissioner Dawkins: OK. Thank you. No further... No, that's it.
Commissioner Plummer: Hey, Miller, how long have you been telling Miami Arena
that?
Vice Mayor De Yurre: OK. With that understanding, proceed, please.
Mr. Tatty: OK. As I started to say, the business was started... Jerry Is
Subs at Bayside was started in 1987. Mrs. Darring was recruited by Bayside as
a part of the minority requirement program for the Bayside Development and has
been operating a restaurant since that period of time. About two years ago...
Initially, she was put into a prime location that had 531 square feet of space
in it. About two years ago, I have to surmise a tittle bit of this, Bayside
reconfigured their food court and they came to her and asked her to move. She
didn't really have much choice. They told her they were, in essence, going to
move her. They moved her to a much...
226 February 9, 1993
Mr. Talty: She had a lease, yes.
Commissioner Plummer: OK. Did that lease spell out what she had... rights
that she had?
Mr. Talty: It...
Commissioner Plummer: I'm assuming that if she were paying her rent, that
they couldn't move her. They might ask her and want her to move, but if she
had a lease they couldn't move her. Is that a correct statement?
Mr. Talty: That is correct, Commissioner. However, Mrs. Darring is not a
sophisticated businesswoman or restauranteur and she did not.
Commissioner Plummer: dell... No, I was taking exception to your statement
that she had to.
Mr. Tatty: In essence, she...
Commissioner Plummer: She didn't have to move legally.
Mr. Talty: No, she could, have...
Commissioner Plummer: OK.
Mr. Tatty: ...hired an attorney and brought a lawsuit and...
Commissioner Plummer: OK. All right, sir. Proceed.
Mr. Talty: ...she was not in a position to do that.
Commissioner Plummer: And that she might or might not have won.
Mr. Talty: That is correct. So, about two years ago they decided to move her
to a new location. They brought her... They put her into a... definitely a
secondary location. They reduced the size of the store from 531 feet to 400.
In fact... And they've been charging rent on 400 square feet since that time.
In fact she only occupies 380 square feet of space and that's according to
their own records... their own layout and design of the store. She's
currently paying over 15 percent rent plus five percent royalty to the
franchiser. For the last... over a year, has not been able to take any money
for herself out as business has... basically been working for rent and the
other expenses in the business. There are... I mean, there are many... It's
a long story about the problems that she's had - the place is too small, the
air conditioning leaks on the customers and on her employees and she has
constantly complained to Bayside to get this fixed. To bring a shorter
version of this, approximately a month ago, a meeting was arranged between
Gary Siplin, an attorney and Mr. Raul Tercilla, with Bayside and Ms. Darring
and myself. It was sort of a shuttle negotiating meeting, if you would. Raul
Tercilla was in one office, we were in another. Gary Siplin was going back
and forth and negotiating a resolution of this situation.
227 February 9, 1993
s
Commissioner Plummer: Was Carol Ann Taylor involved, as president of the
Merchants Association of gayside?
Mr. Talty: She was not involved in these negotiations.
Commissioner Plummer: May I ask why not? She is representative... is
president of the gayside Merchants. It would seem like to ante, especially with
her being a black female, that you would have wanted her involved.
Mr. Talty: I...
Commissioner Plummer: Is there a reason why she was not involved?
Mr. Talty: She... Stephanie said she was involved before. We were led to
believe, Commissioner, that we were going to have a meeting and that these
issues, which I'm about to relate to you, were to be addressed and resolved.
Commissioner Plummer: OK.
Mr. Talty: And taking that...
Commissioner Plummer: The answer is you don't know why she was not.
Mr. Talty: I don't know why she was not involved.
Commissioner Plummer: 0IC.
Mr. Tatty: We sat for four hours in these attorney's offices while the
attorney went back and forth. The resolution... I took notes that what was
resolved was that they had agreed, verbally agreed, that they would remodel
the store, which was one of the issues. The store, in addition to being too
small and not really being the space that it was represented to be, was almost
impossible to work. We had the architect and the franchiser here, who was
retained to redesign and help get the store in a proper operating situation.
They agreed to do that. They agreed to go to a seven percent rental, with no
base rent - a flat seven percent rental for the term of the lease. They
agreed to waive some...
Commissioner Plummer: Seven percent of what?
Mr. Jones: Of the gross.
Commissioner Plummer: Oh, seven percent of the gross...
Mr. Talty: ...excessive... some of this excessive back rent... Excuse me.
...back rent, which was subject to the... The only subject... the thing that
any of this was subject to was the waiving of back rent subject to auditing
financial statements which have been provided to them.
Commissioner Plummer: Sir, when you say seven percent - of what?
Mr. Talty: Of gross sales.
228 February 9, 1993
Commissioner Plummer: Thank you.
Mr. Talty: And that they would pick up the expenses for this time the store
1s going to be closed and under construction. This will be the second time in
five years that this store will have been closed down. The first time - when
they moved her. And the second time - now, while it's being remodelled. That
was about a month ago. When we left that meeting, we were told that these
agreements, these issues... these are the summary of the issues that were in
disagreement, that they would be written up and provided to Ms. Darring and
that we would be able to move forward and get this resolved. Since that time,
she has been contacted several times and told that the whole thing is
contingent to auditing financials, which I must tell you they've had the
financials every year since she's been there. And they have this year's
financials as of over a couple of weeks ago. Now they're telling us that the
whole thing was subject to the audit of the financials except, once they found
we were going on this agenda today, they contacted Mrs. Darring and said they
wanted to cancel this and have a meeting on Friday to go ahead and follow
through and resolve these arrangements that had already been made. And we're
here to ask whomever or however it's appropriate to get this matter resolved.
This lady has not taken a penny for her work over a year out of this business
and it's a consistent string of overpricing her ability to do this business
and putting her in an untenable situation. Any of you who are familiar with
Bayside knows that if you're a tenant in Bayside, particularly in the food
court, you are 100 percent... in terms of what business you're going to do,
you are 100 percent at the mercy of what they do to go out and promote
business. And we feel like we came to a fair arrangement, we would like to
see it concluded and we can't seem to get there.
Vice Mayor De Yurre: OK. Thank you.
Mr. Kevin Conolly: Afternoon. Evening. My name is Kevin Conolly. My
address 229 East Wisconsin Avenue, Milwaukee, Wisconsin. A little background
on myself real quick. I'm a restaurant designer. I've been working for
Jerry's for about ten years at about 50 of their stores around the country.
We were retained, and 1 think it was in 1$7, to do the original store. Two
years ago we were called that they were going to be moved, they were
remerchandising the mall and we had to do some preliminary plans for them. We
began that and then we got a call, the Rouse Company is going to handle it,
don't worry about it anymore. So I didn't. Last Summer we got a call saying
there are some big problems down here, can you come down and analyze what
we're looking at? So I went down there... down here, and found that this
business' potential was being fairly limited by the design and that's briefly
what I'm going to address, is the design of the restaurant and how it's
holding back this business.
Vice Mayor De Yurre: OK. Now, understanding... let's say is a problem of
= the design, so we can cut through this a tittle bit. You say there is a
problem of the design which does not allow her to maximize her profits.
Mr. Conolly: Correct.
Vice Mayor De Yurre: Right. Now, again, understanding what has been said
here before, that we have no say over this, that is something that you have to
address, and it may be in a court of law, with Bayside. I think that we can
229 February 9, 1993
_ do at this time is send the message to Bayside of what our philosophy is,
which they know what it is as far as helping minorities, you know, in the
business world, and helping them become a success. And they know that. Maul
Tercilla knows that. I know Gary knows that also. He's experienced that
feeling also. He's been a participant of that. So, needless to be said...
Commissioner Plummer: What about the committee, Victor, that we have that Mr.
Howard Gary heads up for minority participation at Bayside? I have a member
that I know that's a member of that committee. Have you approached that
committee in reference to minority participation?
Ms. Stephanie Darring: Yes, sir. We approached them back in 1991, Carol Ann
as well as Gary... I mean, as well as Howard Gary. So they're aware of this.
Letters go on back and...
Commissioner Plummer: But what... Have they done anything, because they're
our arm?
Ms. Darring: Letters have gone back and forth. There have been meetings.
But we still have not yet got a commitment from Bayside. Even up to now, like
he said, we've had a meeting before, we thought we came to an agreement, we
said we would get in writing and we have not yet got it in writing.
Commissioner Alonso: When they moved you to the different location, did you
agree to this move? You were... You had a lease. You had a contract.
Commissioner Plummer: She obviously agreed.
Ms. Darring: At that time...
Commissioner Alonso: Did you agree to this?
Ms. Darring: Yes... At that time, I had gotten with Howard Gary and the
foundation and they hired an attorney for minorities as a whole. And what
happened was that I agreed to move because they needed me to move. And they
agreed to build a store of certain size and that 1t would be more profitable,
a better location and I have not received that.
Commissioner Alonso: Did they offer you anything in exchange - less rent or
any licentive for you to move, other than rearranging the design of the store?
Ms. Darring: No, what I did was at the time they asked me to move, I said to
them that I could not move. They offered me to pay 50 percent and they pay 50
percent, I said I could not. Then at that...
Commissioner Alonso: Fifty percent of what?
Ms. Darring: The move.
Commissioner Alonso: To move.
Ms. Darring: And I said I could not do that, because at that time I was not a
profitable store. However, if they needed me to move... If they take the
costs and build a store we would go...
230 February 9, 1993
Ms. Barring: ...I would move.
Commissioner Plummer: No way.
Ms. Barring: What happened was, from that... at that time, I had paid my
rent up to over $200,000 but yet they said I stilled owed them $90,000. So, I
said to them, we have to restructure the rent because at that time I'm paying
almost 32 percent of rent. The tease that we did in 1987 was projected way
out of field. I have been trying, since 1987 up until now, to get my lease
redone, to get my rent restructured, because they quote my store to be from a
$500,000 store to a $1,000,000 store. I have never been that but, however, my
rent structure was based on that. And now my rent structure is based on a
store at $400,000 by the Rouse Company and I have still not made that, but yet
I'm expected to pay that rent. I have paid rent every year, not the figures
they ask for.
Commissioner Plummer: They've got to go to court.
Vice Mayor Be Yurre: I think that basically, can we direct... Gary, you
represent Bayside. You're representing...
Mr. Gary Siplin, Esq.: Yeah. Pardon me?
Vice Mayor Be Yurre: Who are you representing here?
Mr. Siplin: Bayside, yes.
Vice Mayor Be Yurre: Bayside, OK. Needless to be said, we have been made
aware of what the issues are and you well know what our feelings are on this
Commission. So, does anything else need to be said?
Mr. Siplin: Well, she has legitimate concerns, which Bayside is
enthusiastically waiting to resolve them. And we had a meeting...
Vice Mayor Be Yurre: How soon do you think it will be resolved?
Mr. Siplin: We had a meeting scheduled yesterday. I had to go out of town,
that's why I wasn't here. There is currently a meeting being arranged with
the top executives of Rouse for this Friday.
Vice Mayor Be Yurre: For Friday.
Mr. Siplin: I think that the hold up, you know... and this is the situation,
the hold up according to Rouse is that they want to verify their financial
condition by doing an audit, which is required under the lease. And I think,
you know, as soon as Bayside gets a look at the financials then we can go
ahead and resolve this issue.
Vice Mayor Be Yurre: How,.. Give me a time frame.
Mr. Siplin: Well, as soon as the audit is done. As soon as the...
231
February 9, 1993
Vice Mayor Be Yurre: Well, give... you know, a month? A year? You know...
Mr. Siplin: Well, they had been asking me to talk to Mrs. Barring about
receiving... participating in the audit and I communicated that with her, so
it's a matter of when the audit can be done.
Vice Mayor Be Yurre: Are you ready to proceed on the audit?
Mr. Tatty: Excuse me. But that's not just correct. Excuse me. Let me
correct that. There has been a requirement that she be able to provide
figures for them to audit for five years. She has provided those figures
every year. The figures for this past year... The only condition in the
arrangement they made with us that had anything to do with the audit had to do with the back rent. It had nothing to do with the rest of this agreement. In
any event, 1t was subsequent to that that they again... that they first asked
us to provide financial statements for them. The day that they asked Mrs.
Barring to provide them, she got them from me and took them to their office.
Five days later they were still sitting on his desk. They had never been sent
to Bayside. So, let... I mean, that's just not a clear picture of what he's
painting about this thing with the audit.
Vice Mayor Be Yurre: So, you're saying there's no audit to be done, that it's
all there.
Mr. Talty: No, they are more than welcome to do the audit, but they've had...
they have had figures to audit every year for the past four years, including
this most recent year they have the figures to audit and they've had them for
two or three weeks now and haven't done anything with them. _
Mr. Siplin: Well, whatever the case may be, I think Bayside is in a position
to negotiate a fair settlement shortly.
Vice Mayor Be Yurre: OK. Do you think that we can hear something conclusive
by the next Commission meeting? A whole two weeks?
Mr. Siplin: I would hope so, yes.
Vice Mayor Be Yurre: I would... OK. Can you...
Commissioner Plummer: As a matter of courtesy, Mr. Siplin, I would hope you
would inform this Commission as to what has taken place at the next
Commission.
Mr. Siplin: Sure.
Vice Mayor De Yurre: Well, I would like for Gary to show up and just give us
a final report and make us all happy.
Mr. Siplin: Sure.
Commissioner Plummer: He can send it... Hey, lawyers cost money when they
start using their time. Send me a letter.
232 February 9, 1993
Vice Mayor De Yurre: well, hey, it costs...
than to cane here and speak.
Mr. Siplin: It sure does.
Vice Mayor Oe Yurre: OK?
It takes longer to write one
Commissioner Plummer: I'm not using you as a lawyer.
Vice Mayor De Yurre: So, we're set.
Commissioner Dawkins: OK. We're set for the...
Vice Mayor De Yurre: And the next... And we'll have an answer, either you
can come and let us know, or Gary can come and let us know on the meeting on
the 25th in the afternoon.
Commissioner Dawkins: If you're not happy, call me again or call any of our
offices.
Ms. Darring: Thank you, sir.
Vice Mayor De Yurre: OK. Thank you. Bye-bye.
Ms. Darring: Thank you, sir.
Commissioner Dawkins: You voted for all of them.
41. PERSONAL APPEARANCE BY RICHARD E. HESSEY CONCERNING HIS MEDICAL
INSURANCE COVERAGE PRESENTLY PROVIDED THROUGH THE SANITATION EMPLOYEES'
ASSOCIATION -- TEMPORARILY TABLED (See label 45).
------------------------------------------------------------------------------
Vice Mayor De Yurre: OK. Item number 28, Richard Hessey, Medical insurance
coverage, Sanitation SEA.
Mr. Richard Hessey: Yes, ladies and gentlemen, my name is Richard Hessey, my
address is post box 775, Fort White, Florida. That's north Florida in the
Gainesville area.
Commissioner Plummer: Excuse me. Is the...
Mr. Hessey: I am a disability retiree...
Commissioner Plummer: Hold it. Is anyone here from the insurance division of
the City? Is there anyone here from the Pension office? I mean, we're going
to hear one side, are we going to hear the other side? I mean, because I'm
assuming this man would like us to take some action.
Mr. Hessey: Yes, sir.
233 February 9, 1993
Commissioner Plummer: I don't think we should take action hearing one side of
a story.
Unidentified Speaker: I'll have someone...
Commissioner Plummer: May I ask you, sir, to sit down, until they can get
somebody here from the City to...
Mr. Hessey: Yes, sir.
Commissioner Plummer: ...to speak to the issue.
Commissioner Dawkins: Item 29.
Commissioner Plummer: What else is new? Twenty-nine.
Commissioner Dawkins: Is Mr. Johnakin here? Is he...
Commissioner Plummer: No, he's not. Mr. Dawkins, I understand Mr. Johnakin
has been extremely i11, has had a second heart attack, and it may be one of
the reasons he's not here today.
Commissioner Dawkins: OK. All right.
----- ----------------------------------------------------------------------_-_-
42. (A) URGE BOTH METRO-DADE COUNTY AND CITY ADMINISTRATION TO CONDUCT
A TRAFFIC STUDY OF THE SHORECREST NEIGHBORHOOD AREA -- FOR
POSSIBLE PERMANENT CLOSURE OF CERTAIN DESIGNATED STREETS FOR
SECURITY REASONS -- REQUEST ADMINISTRATION TO COME BACK WITH A
RECOMMENDATION.
(B) INSTRUCT ADMINISTRATION TO CONDUCT A TRAFFIC STUDY OF BAY
HEIGHTS 1 NATOMA AREA -- PURSUANT TO REQUEST FROM NEIGHBORS FOR
POSSIBLE PERMANENT CLOSURE OF DESIGNATED STREETS IN ORDER TO
RESTRICT TRAFFIC.
-------------------------------------------------------------------------------
Commissioner Dawkins: Item 30.
Commissioner Plummer: There's a whole bunch of them here.
Commissioner Dawkins: Yeah. Now, I don't...
Commissioner Plummer: Don't shoot until you see the white of their hats.
Commissioner Dawkins: Now, I must say, I received a request that this not be
heard, but from the took...
Commissioner Plummer: Well, I've heard... I've got requests from both sides.
Commissioner Dawkins: See, but, by the looks of the people who are here, I
think the people who do not want it to be heard would be outvoted, I don't
know.
234 February 9, 1993
Ms. Monique Taylor: Well, they possibly would, Commissioner. However, I am
Monique Taylor and I did write the request and these gentlemen, who are
property owners and own sizable pieces of property, were not notified of the
issue. They did not even know there were going to be street closures in their
area, until I contacted them yesterday. And it seems that proper notification
should be given to the people who are going to be affected by such closures.
Commissioner Plummer: Well, this isn't... Ma'am, this is not the public
hearing that would be held for such a street closure. I don't know if there
has been a plan done by the Administration. Has the Administration done a
plan?
Ms. Karen Wilson: I believe the plan has been done by the Florida Department
of Transportation, in concert with City staff.
Commissioner Plummer: But I mean, has the City gone through that plan?
Mr. Jim Kay: No, we have seen a presentation of the plan, but...
Commissioner Plummer: OK. What I'm saying to you, ma'am, in so many words
is, this Commission has never done a street closure without official public
hearings. This is not an official public hearing. Primarily, as this
procedure would normally go, this Commission today would listen to what they
have to say, listen to what you have to say, and then schedule it for a public
hearing and public input. OK? That's the normal procedure.
Ms. Taylor: Well, I would also like to submit a letter from the president of
the condominium association.
Commissioner Plummer: Would you give it to the Clerk, ma'am. That's the
official place you should surrender it.
Mr. Kay: This is just the very initial step.
Commissioner Flumner: Well, she doesn't understand that. OK?
Mr. Kay: We'll probably have one or two more public hearings after this, you
know.
Commissioner Plummer: She thinks today whatever action, it's all done and
over with, so I'm just trying to explain to her that public hearings do take
place after today.
Commissioner Alonso: This is just the beginning.
Vice Mayor Be Yurre: OK.
Ms. Taylor: However, it seems that prior to anything...
Commissioner Dawkins: Pull the mike down to you, please, ma'am.
Ms. Taylor: Yes.
235 February 9, 1993
Commissioner Dawkins: Thank you.
Ms. Taylor: Prior to any studies being made, any time being spent, any monies
being spent, at least the homeowners who live within the area should be aware
of such a plan being even considered.
Commissioner Plummer: I agree with you...
Vice Mayor De Yurre: There's no question about that. In fact, in this...
Commissioner Plummer: That's why we have public hearings.
Vice Mayor De Yurre: ...in this process, we want... always want to get input
from everybody involved, whether you're pro or con, because that would make
for a better plan, if it would be accepted at all. So, Mr. Kay...
Ms. Taylor: These gentlemen were only notified by me this morning.
Vice Mayor De Yurre: OK. Now let me find out from the Administration,
where... what involvement have we had, if any at all, in this process?
Mr. Kay: We have attended some meetings with representatives of the
association where a presentation has been made for the closures, but we have
-- not made any... haven't conducted any studies, or made any commitments at
this time. This is just, like I say, the initial phase of this whole process.
Vice Mayor De Yurre: OK.
Mr. Kay: And there is going to have to be other hearings on it and, as you
can see, it's probably one of the largest areas proposed...
Commissioner Plummer: My neighborhood is going.
Commissioner Alonso: Huh?
Commissioner Plummer: My neighborhood's coming.
Mr. Kay: ...for a closure of a neighborhood, which actually includes an area
outside the City limits.
Mr. Don Hinson: Mr. Commissioner, may I make one point, please?
Vice Mayor De Yurre: Not yet, Not yet. OK. Now... So what we're looking
at here is a situation wherein this plan could very easily be changed, once we
start getting the input from all different sides...
Mr. Kay: Exactly.
Vice Mayor De Yurre: ...including the Administration.
Mr. Kay: We are recommending that a traffic study be conducted in this area,
which may change... could possibly change some of the sites of closures, and
so forth.
236 February 9, 1993
Vice Mayor
De Yurre: You see, because this
procedure takes
time to do it
right, so that, you know, you all can get what you want, which
is protection
and your streets
can be clear and not have
the traffic that
goes through
there, and
also, as far as crime activity and
everything else,
which are the
reasons why
other areas have gone into the barricading business.
Mr. Hinson:
I just want to address the issue
that people were
not notified,
sir. ale...
Vice Mayor De Yurre: OK. But it's really immaterial because...
Mr. Hinson: OK.
Vice Mayor De Yurre: ...because right now...
Commissioner Plummer: For the record, Victor...
Mr. Hinson: But everybody has been notified.
Vice Mayor De Yurre: ...we're moving ahead.
Commissioner Plummer: For the record, sir, people didn't have to be notified.
This is scheduled under our agenda...
Mr. Hinson: Correct.
Commissioner Plummer: ...as a discussion item...
Mr. Hinson: Correct.
Commissioner Plummer: ...when it becomes a public hearing, then people have
Lo be notified. OK?
Vice Mayor De Yurre: I think what...
Commissioner Plummer: And just for the record, Mr. Vice Mayor, to the
department, sir...
Mr. Kay: Yes, sir.
Commissioner Plummer: ...at the conclusion of this, I'm assuming a motion is
going to be made to conduct a traffic study. Sir, I'm telling you, nay own
neighborhood, I'm going to ask for the same consideration before my neighbors
start shooting each other between Bay Heights and Natoma Manor. Before the
shooting starts over that wall, I'm going to ask for a study to be done at the
conclusion of this hearing, as we will for this hearing.
Vice Mayor De Yurre: OK. Then...
Commissioner Plummer: They're up in arms.
Vice Mayor De Yurre: Do we have a motion then to direct the Administration to
do...
237
February 9, 1993
Commissioner Plummer: Weil, my I say that the proper procedure, in my
estimation, is let's listen to both sides and we may or may not want to do it,
but I think we will, but I think out of courtesy we should listen.
Vice Mayor De Yurre: We've got to listen to them anyway, eventually.
Commissioner Alonso: Yes, I have a question for the Administration. Some
suggestions, how do we handle this situation? This is a portion of the City
of Miami and a portion of an area that is not the City of Miami.
Vice Mayor De Yurre: Unincorporated. Is it unincorporated?
Commissioner Alonso: How do we address this case?
Mr. Kay: Al right. We have not only portions in the City and outside the
City, but we have included 1n this proposal State roads and County roads. So,
we have actually made some contact with all three agencies - the City has -
and the County is proposing to actually do the traffic study within the
general area to see how that affects the traffic circulation and so on.
Commissioner Alonso: So it will address the entire area that they want...
Mr. Kay: So, 1t will address the entire area at once. We, however, can only
give approval as per our Code on the City streets that are proposed to be
closed.
Vice Mayor De Yurre: OK. Now, I think then what we need to do 1s a twofold
process in this procedure and that is, possibly, to prepare a plan based on
what is being requested here, but also have an alternate plan dealing just
with the City of Miami and just see how we can protect our residents, if
possible. So, if one... you know, if we can't get the support of the other
agencies and governmental entities, then at least we can deal within in our
own self...
Commissioner Plummer: Yeah. But, Victor, we can do with what's unto us. OK?
Now, you know, here... what I'm looking at here, the majority of what I see
here, not knowing exactly what the different colors represent, it's basically
in the City.
Mr. Kay: Yeah.
Vice Mayor De Yurre: Well, 87th is the break off.
Comnnlssioner Plummer: OK? And basically on this... over against the water
we go up to what? Eighty-ninth Street? Against the water. Eight -ninth, I
think. That's where Dave Kennedy used to live. (INAUDIBLE RESPONSE) No, sir.
Not over the water, we go higher. (INAUDIBLE RESPONSE) Yes, sir. Right at
the water, I think we go to 89th street. OK?
Mr. Hinson: Sir, excuse me.
Commissioner Alonso: He certainly made his point.
Mr. Kay: If I may...
238 February 9, 1993
Mr. Hinson: Mr. Vice...
Mr. Kay: If I may, and I think I know why the...
Commissioner Dawkins: You got our attention.
Commissioner Plummer: Yeah.
Commissioner Alonso: Yes, he did indeed.
Mr. Hinson: Mr. 'Vice Mayor...
Commissioner Plummer: Would you please rep...
Mr. Hinson: ...we have a very short, concise presentation. If you would let
us make it, everybody would understand what's going on.
Commissioner Plummer: Well, sir, we do have ways of doing things around here
and we appreciate your concern. We're going to give you that right.
[APPLAUSE]
Mr. Hinson: All we want to do is have everybody understand what's going on.
Vice Mayor De Yurre: And we're all in this together anyway. OK? If you just
want to make a quick statement, we got the gist of what you want...
Ms. Taylor: The vast majorities of the homeowners in the area do not know
anything about it and do not favor it.
Vice Mayor De Yurre: ...and we're going to have to come back not today, but
also next time and next time, because it doesn't work that quickly either.
You know, we want something done properly.
Unidentified Speaker: Well, we came here.
Vice Mayor De Yurre: OK? And you're more than welcome to cone every time,
even if this item is not on the agenda.
Mr. Hinson: What we are.here for this evening is to ask your support only of
a resolution, the resolution you have copies of in front of you, I trust.
This resolution will authorize the County to do their study. They must have
this resolution for them to do their study. We have also requested, and you
have approved on first reading, funding for the study within the City of
Miami. The County - that's another question. We're not worried about the
County right now. We have also requested funding through the Community
Development for this project. This area, sir... The Shorecrest Community
goes from the Little River to the City limits here, but we also take in the
community in the unincorporated Dade County. We have over 6,000 residents.
We represent those residents. Everybody has been notified...
Ms. Taylor: No, you do not.
239 February 9, 1993
Mr. Hinson: Everybody has been notified by newsletters and flyers. Some of
these people live in condominiums. You can't get into them to notify anybody.
We apologize for that. We have our chairman of our street closure committee
here, who will be happy to tell you about the street closures themselves. We
have been working on this project for over five years. It's not something
that just happened. We have worked with the State, we have worked with the
County, we have had meetings with everybody. We had... How many meetings did
we have with the community? We have had numerous meetings with the community
addressing this issue. At a meeting of over 300 people within the community,
this plan was approved by those people at that meeting.
Ms. Taylor: Well, anything that's not Shorecrest - Biscayne Heights is not
Shorecrest. We don't want it.
Mr. Hinson: All we're asking for this evening is an approval of a
resolution...
Ms. Taylor: Four hundred members representing 6,000 people. How about the
majority?
Mr. Hinson: ...to support, in concept, this idea, so that the study by the
City and the County can be done.
Vice Mayor De Yurre: OK. Now...
Mr. Morton Koplo: Excuse me. Can I answer some... speak to some of the
things the gentleman just spoke about?
Vice Mayor De Yurre: Sure, why not?
Mr. Koplo: My name is...
Vice Mayor De Yurre: Name and address, please.
Mr. Koplo: My name is Mort Koplo. I own three apartment buildings on Dunham
Boulevard - 7851, 7841 and 7848. That's south of 79th Street. This gentleman
says that we've been notified. We're not in their district, we're not part of
their association, we know none of the... we don't know these people, never
heard of them before. And no one in our whole area, on seven... south of
79th Street has been notified or even heard anything about this until
yesterday.
Unidentified Speaker: That's not true.
Mr. Hinley: That's not true.
Vice Mayor De Yurre: No. Folks, folks.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor De Yurre: Excuse me.
Mr. Cesar Odio (City Manager): Maybe you missed one.
240 February 9, 1993
Unidentified Speaker: Don't speak for me, sir.
Mr. Koplo: And I have beautiful apartment buildings, no slumlord. My
apartment buildings I'm proud of. And our streets are kept quiet, clean and
we don't have the traffic that you people are trying to force upon us. If
these people want to have this to their area, they're quite welcome to have
It. But south of 79th Street, which has nothing to do with that other area,
should be completely cut off from any of your planning or their planning, with
regard to cutting off these streets. Because what they're trying to do is
going to create the biggest traffic problem I've ever seen anywhere around
that whole area. But we don't want to have that in our little area which has
nothing to do with them. All right?
Unidentified Speaker: ...what you're talking about...
Vice Mayor De Yurre: Guys, folks, folks, please. Let's...
Mr. Koplo: They are about 400 people trying to represent well over...
Ms. Taylor: Six thousand.
Mr. Koplo: ...six thousand people.
Vice Mayor De Yurre: OK.
Commissioner Plummer: Excuse me, sir. So you understand... So you
understand, sir...
Ms. Taylor: ...homeowners.
Commissioner Plummer: ...just because they are making a proposal here that
Dunham Boulevard be the one open, this Commission can make any one of those
five the one that is open and close Dunham Boulevard. These are the
alternatives that we, the Commission, have, after an intelligent study has
been done by professional people. Now, once that is done, this Commission
will take unto itself, do we agree with Dunham Boulevard or do we feet that it
should be the one to the left or the one to the right, and we'll make that
decision, sir.
Ms. Taylor: But do the homeowners...
Mr. Koplo: Excuse me.
Commissioner Plummer: After...
Ms. Taylor: Do the majority of the homeowners want it?
Commissioner Plummer: Sir... Ma'am...
Ms. Taylor: The majority do not.
Mr. Koplo: In our area they don't.
Ms. Taylor: The majority do not. -
241 February 9, 1993
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Commissloner Plummer: Hello, ma'am. Ma'am... Thank you. We will make that
decision, ma'am. You'll have your right of input at a public hearing, they'll
have their right of input, everybody will. And then this Commission...
Ms. Taylor: How about a...
Mr. Koplo: OK. All right.
Commissioner Plummer: ...will sit back with the facts that we have from the
professionals, and we'll make, hopefully, an honest decision.
Mr. Koplo: All right. Mr. Commissioner, may I...
Vice Mayor De Yurre: You know, J.L., haven't we done also... 1n order to get
some feedback as to the interest that there is, other than, obviously, the
support here for these barricades, but I think in the past we've sent out a
survey requesting...
Commissioner Plummer: We've done a survey. We've even had an election in
areas where they were done.
Mr. Koplo: Right.
Commissioner Plummer: So, you know...
Vice Mayor De Yurre: ...to see exactly what kind of support there is or there
isn't for this kind of thing and that's one of the things that we would also
entertain about doing. So, you know, everybody's rights will be protected in
this process.
Commissioner Plummer: And let me tell you one other thing, for both sides.
Of all of the cases where we have had barricades, I never saw one that went
peaceful. -
Mr. Koplo: I never...
Commissioner Plummer: Unfortunately, there are...
Ms. Taylor: I don't think this one will.
Commissioner Plummer: ...extremely emotional feelings on both sides.
Mr. Koplo: I've never seen one that worked.
Vice Mayor De Yurre: It's like religion and politics.
Mr. Koplo: They never helped crime, in any event, anyway. Crime has gone up
in many areas with the barricades.
Ms. Taylor: Including Miami Shores.
Mr. Koplo: Including Miami Shores which had a four percent increase in crime.
242 February 9, 1993
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Vice Mayor De Yurre: OK. Now...
Mr. Koplo: But just one more thing, sir.
Vice Mayor De Yurre: Yes. One last...
Mr. Koplo: All I'm asking for our group in our area, they can do whatever
they want...
Unidentified Speaker: Thank you.
Mr. Koplo: ...north of 79th Street, which we have nothing to do with them.
If you look at the map, we're nowhere near them. We're not connected with
them in any way, shape or form and we do not have that much crime in our area.
Unidentified Speaker: This 1s a crime...
Vice Mayor De Yurre: Excuse me. Excuse me. All right, guys.
Mr. Koplo: All we ask is that we be cut off from any of their proposals.
They can propose their area, but leave us out.
Commissioner Plummer: Sir, I can pretty well tell you, I think...
Mr. Koplo: Thank you.
Commissioner Plummer: ...that from this point forward, all meetings of
substance will be conducted by our department, at which they will go to every
extreme to make sure that everybody is invited to participate.
Vice Mayor De Yurre: OK.
Commissioner Plummer: That doesn't preclude them holding all the meetings
they want, but the official meetings of substance will be held by the
department.
Vice Mayor De Yurre: OK. Now, it's my understanding that the main purpose
for this hearing is to get some direction from us in the form of a resolution
instructing...
Commissioner Plummer: That's fine.
Vice Mayor De Yurre: ...the parties, the County and the City to conduct a
study. A street...
Commissioner Plummer: All right. I'll ...
Commissioner Aionso: I think what we should do is instruct the Administration
to conduct, with Public Works, a study of the area and come back with your
recorrmendati on.
Commissioner Plummer: A traffic study.
243 February 9, 1993
Comissioner Alonso: And at that time, we will have public hearings and make
the final determination.
Commissioner Plummer: That's correct.
— Vice Mayor De Yurre: And also instructing the County...
Commissioner Alonso: At this time, just to move... —
Vice Mayor De Yurre: ...instructing the County to do the same. OK.
Commissioner Alonso: Of course.
Vice Mayor De Yurre: Do we have a motion to that effect?
-= Commissioner Alonso: Yes.
Vice Mayor De Yurre: Do we have a second?
Commissioner Plummer: I'll second the motion.
Vice Mayor De Yurre: OK. Call the roll, please.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption: —
RESOLUTION NO. 93-110
— A RESOLUTION URGING METROPOLITAN DADE COUNTY TO
CONDUCT A TRAFFIC STUDY OF THE SHORECREST NEIGHBORHOOD -_
AREA FOR POSSIBLE CLOSURE OF DESIGNATED STREETS IN
ORDER TO RESTRICT TRAFFIC IN SAID AREA; DIRECTING THE
_ CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE
DEPARTMENT OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS —_
RESOLUTION TO THE HEREIN NAMED OFFICIAL AND AGENCY.
(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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre _=
NOES: None. -
ABSENT: Mayor Xavier L. Suarez
Vice Mayor De Yurre: OK.' Thank you very much, folks.
Unidentified Speaker: Thank you.
244 February 9, 1993
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.$
Commissioner Plummer: Mr. Vice Mayor, as I requested prior to the start bf
this hearing, I would make a motion at this time that a traffic study be
conducted of the Bay Heights and Natoma Manor area. I would ask that that... _
Vice Mayor De Yurre: Is that a motion?
Commissioner Alonso: What...
Commissioner Plummer: I would... Yes, a motion that... in the same way,
that a traffic study be done of the Bay Heights and Natoma Manor sections.
Vice Mayor De Yurre: Do we have a second?
Commissioner Alonso: Yes, second. --
Vice Mayor De Yurre: Are you sure you want to second that?
Commissioner Alonso: Yes.
Commissioner Dawkins:
Commissioner Plummer:
I'm voting against it.
You dirty...
Vice Mayor De Yurre: Well, it's going to be a two -two tie.
Commissioner Dawkins: I'm voting... Two -two.
Commissioner Plummer: That's all right, I'll take my choice.
both of you two.
It would defeat
Vice Mayor De Yurre: OK. Call the roll on that.
Mr. Kay: Commissioner, with an eye toward what, on this traffic study?
Commissioner Alonso: This is an exciting group.
Mr. Kay: We need to have some...
Vice Mayor De Yurre: But next time you've got to bring some of those visors
for us here.
Commissioner Plummer: Bay Heights is talking about closing one of their
entrances.
Mr. Kay: OK.
245 February 9, 1993
MOTION NO. 93-111
A MOTION INSTRUCTING THE ADMINISTRATION TO CONDUCT A
TRAFFIC STUDY OF THE BAY HEIGHTS/NATOMA MANOR AREA
PURSUANT TO REQUEST FROM THE NEIGHBORS FOR POSSIBLE
CLOSURE OF DESIGNATED STREETS IN ORDER TO RESTRICT
TRAFFIC IN SAID AREA; FURTHER DIRECTING THE CITY
MANAGER TO COME BACK WITH A RECOMMENDATION ON THIS
ISSUE, AT WHICH POINT THE CITY COMMISSION WILL
SCHEDULE A PUBLIC HEARING IN CONNECTION THEREWITH.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
CommissionerJ. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Commissioner Plummer: For the record, Mr. Vice Mayor...
Commissioner Dawkins: Wouldn't help any if we complained.
Commissioner Plummer: ...to the department, Bay Heights is considering
closing one of their openings and Natoma Manor has likewise considered closing
some of their openings. Thank you, sir.
Mr. Kay: OK. Thank you.
Commissioner Plummer: Is this under $25?
Commissioner Dawkins: Call the roll on J.L.'s motion.
Commissioner Plummer: OK.
Mr. Kay: He's asking for a traffic study in the Bay Heights and Natoma areas.
Unidentified Speaker: By the way, we watch you on television...
Commissioner Dawkins: Call the nos on J.L.'s motion.
Vice Mayor De Yurre: No, we did already.
Commissioner Plummer: If it was any better, I wouldn't know how to handle it.
Vice Mayor De Yurre: Did you call the roll already?
246 February 9, 1993
-.,e 3 i 1S
Ms. Matty Hirai (City Clerk): We did. We did.
Vice Mayor De Yurre: It already passed.
Commissioner Plummer: But I lie a lot.
Commissioner Dawkins: OK. I said no. OK.
Vice Mayor De Yurre: OK. It was a two -two tie.
Commissioner Dawkins: OK.
43. GRANT REQUEST BY COCONUT GROVE BICYCLE CLUB FOR CLOSURE OF DESIGNATED
STREETS AND WAIVER OF FILING APPLICATION DEADLINE.
Vice Mayor De Yurre: OK. Item number 31, Coconut Grove Bicycle Club.
Mr. Cesar Odio (City Manager): We recommend it.
Commissioner Plummer: Move it.
Vice Mayor De Yurre: Recommended.
Commissioner Alonso: What?
Commissioner Plummer: Wait a minute.
asking for is the 120 day waiver?
Unidentified Speaker: Yes, sir.
Whoa, whoa. The only thing you're
Commissioner Plummer: You're not a second event in the same month?
Unidentified Speaker: No, sir.
Commissioner Alonso: OK.
Unidentified Speaker: No, we had unofficial clearance well over 120 days ago.
Commissioner Plummer: Why didn't... For what reason did you not do the 120
days?
Unidentified Speaker: Because of the nature of the cycling schedule
nationwide, in an effort to use a date that nobody else was using, so that we —
would have the best competitors possible.
Commissioner Plummer: OK. Just remember, next year it's a no -no. I'll move
it.
Commissioner Alonso: Second.
247 February 9, 1993
=c
Unidentified Speaker: Good, then they'll have to look out for ma next time.
Vice Mayor De Yurre: Call the roil, please.
Catmissioner Dawkins: Cali the roll.
Vice Mayor De Yurre: Quickly.
Commissioner Dawkins: Quickly.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-112
A RESOLUTION RELATED TO THE GREAT COCONUT GROVE
BICYCLE RACE TO BE CONDUCTED BY THE COCONUT GROVE
BICYCLE CLUB, INC. IN CONJUNCTION WITH THE MIAMI
WHEELERS BICYCLE CLUB, INC. ON MARCH 27 AND 28, 1993;
AUTHORIZING 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; WAIVING THE REQUIREMENT OF
ORDINANCE NO. 10764 PURSUANT TO WHICH THE ORGANIZERS
OF SAID EVENT MUST SUBMIT THE SPECIAL EVENTS
APPLICATION TO THE CITY AT LEAST ONE HUNDRED TWENTY
(120) DAYS PRIOR TO THE DATE OF THE EVENT; CONDITIONED
UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF
CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
-- THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
75
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
1
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Commissioner Plummer: Can we ask all of you to please exit quietly? And we
thank you very much.
Unidentified Speaker: Thank you very much.
-� 248 February 9, 1993
E,
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44. GRANT REQUEST BY MARCH OF DIMES BIRTH DEFECTS FOUNDATION FOR CLOSURE OF
DESIGNATED STREETS, RESTRICTION OF PEDDLERS, AND WAIVER OF CERTAIN FEES,
ETC., IN CONNECTION WITH 23RD ANNUAL WALKAMERICA EVENT.
------------------------------------------------------------------------------
Vice Mayor Be Yurre: Item number 32, another street closure.
Commissioner Plummer: Sure.
Vice Mayor Be Yurre: The March of Dimes,
Mr. Cesar Odio (City Manager): Yeah, we recommend that.
Vice Mayor Be Yurre: Recommended.
Mr. Odio: Yes.
Commissioner Plummer: No, I cannot agree with what they're asking in the
majority of the thing here. No, we cannot waive the surcharge...
Commissioner Alonso: For the March of Dimes.
Commissioner Plummer: The fees you can waive or waive not for the City
Manager, but the waiver of the Coconut Grove surcharge you cannot waive.
Vice Mayor De Yurre: Well, make a motion as to what you want to waive.
Commissioner Plummer: I will move that we honor the request for the street
closure, the restriction of peddlers... Mr. Manager, what about the fees for
the City?
Mr. Odio: Yes.
Commissioner Plummer: The waiver of certain fees...
Mr. Odio: ...pursuant to the...
Commissioner Plummer: ...and the use of the on -duty rescue unit, in
conjunction with the 23rd Annual Walk America scheduled April 3rd.
Unidentified Speaker: Right.
Commissioner Plummer: I so move.
Commissioner Dawkins: Second.
Commissioner Alonso: So the $1,900 is the only thing that you're not going to
waive.
Commissioner Plummer: The surcharge would not.
249 February 9, 1993
--71-
AC _
AM
Commissioner Alonso: The rest, yes?
Commissioner Plummer: That's correct.
Commissioner Alonso: OK. Fine. Move it.
Vice Mayor De Yurre: OK. Any further discussion? Please call the roll.
Commissioner Plummer: Is that the last item? I don't believe it.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-113
A RESOLUTION RELATED TO THE MARCH OF DIMES WALK
AMERICA TO BE CONDUCTED BY THE MARCH OF DIMES BIRTH
DEFECTS FOUNDATION ON APRIL 3, 1993, APPROVING THE USE
OF CERTAIN STREETS AND THOROUGHFARES IN COCONUT GROVE
DURING WALK AMERICA SUBJECT TO THE ISSUANCE OF PERMITS
BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; SUBJECT TO THE EXERCISE OF
COMPLETE CONTROL OVER SUCH USE BY THE DEPARTMENT OF
POLICE; ESTABLISHING AN AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENT; AUTHORIZING
THE USE OF AN ON -DUTY RESCUE UNIT DURING THIS EVENT;
THEREBY WAIVING CERTAIN APPLICABLE CITY FEES RELATED
TO SAID EVENT; CONDITIONED UPON ORGANIZERS PAYING FOR
ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE
FEES OTHER THAN THOSE WAIVED BY THIS RESOLUTION
ASSOCIATED WITH SAID EVENT, INCLUDING THE COCONUT
GROVE SURCHARGE FEE, AND OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez
250 February 9, 1993
r T 0
.,...------- -- - ..------------------------------ ..»,......r.,....._.....- ----....,....--
4S. (Continued Discussion) PERSONAL APPEARANCE BY RICHARD E. HESSEY
CONCERNING ONGOING PROBLEM RELATING TO HIS PERSONAL MEDICAL COVERAGE
THROUGH THE SANITATION EMPLOYEES' ASSOCIATION -- INSTRUCT CITY MANAGER
TO BRING THIS ISSUE BACK IF AGREEMENT NOT REACHED (See label 41).
-----------------.------------------------------------------------------------_-
Vice Mayor De Yurre: OK. That's it for the agenda, do we have any pockets?
Commissioner Dawkins: No, hold it. Hold it. Yes.
Commissioner Plummer: I have...
A. Quinn Jones III, Esq. (City Attorney): Yes, please.
Commissioner Dawkins: I've got a pocket Item.
Mr. Cesar Odio (City Manager): Item 28, Commissioner.
Commissioner Plummer: What?
Mr. Odio: Twenty-eight you skipped.
Commissioner Dawkins: Oh, yes. Cane on, sir.
Mr. Jones: It's...
Commissioner Plummer: Well, are there people of the City here?
Mr. Odio: Yes.
Commissioner Plummer: Oh, good.
Vice Mayor Be Yurre: OK. Let's go with...
Mr. Odio: And the union.
Commissioner Plummer: That's why we asked that...
Vice Mayor Be Yurre: Go ahead, sir.
Commissioner Plummer: Let me... May I interrupt you, sir?
Mr. Richard Hessey: Sure.
Commissioner Plummer: Because I heard a comment back here.
Vice Mayor Be Yurre: He hasn't started yet, how can you interrupt him?
Commissioner Plummer: OK. I would like to have... Well, because I heard a
comment.
251 February 9, 1993
Commissioner Dawkins: I'm glad we've got a Vice Mayor who can understand ,you.
Commissioner Plummer: Mr. City Attorney, I'm assuming that you're familiar
with this case.
A. Quinn Jones III, Esq. (City Attorney): I'm vaguely familiar. I know that
there was a... that you had a worker's comp washout back in 1987 and I am
aware that he's had some problems with his medical insurance.
Commissioner Plummer: Are you in a position, even before he speaks, to make a
recommendation to this Commission?
Mr. Jones: I don't think there's anything that you need to do, Commissioners.
I think that... My understanding was that the City Administration was looking
into it. There's going to have to be some sort of adjustment made if, from
what I've been told, that this money had been deducted from him and he was not
getting the medical coverage that he was supposed to have gotten. So, the
City, in fact, I would tend to think, is going to have to make some adjustment
to compensate him for...
Commissioner Plummer: So, what you're saying is we should hear it.
Mr. Jones: Yeah.
Mr. Hessey: Let me briefly bring you up. This is a ten year problem.
Commissioner Plunner: I was trying to cut it through so you could get it
finished in a half minute.
Ms. Sue Weller: Commissioner, the two hundred... or the amount of money that
was being deducted from his... I guess It's his pension check, or whatever it
was..,
Mr. Hessey: Yes, ma'am.
Ms. Weller: ...was being deducted from the... by the Pension Office and it
had something to do, I believe, with worker's comp, as the offset, or some
such thing like that.
Commissioner Plummer: We just lost that in court, didn't we?
Ms. Weller: I don't know the details on that. All right. Evidently, the...
As I understand it, the SEA(Sanitation Employee Association) Health Trust was
not receiving that money. It was assigned to the pension office for this
offset, at that time. Evidently, I understand Mr. Hessey was assuming that
that money was going to the SEA Health Trust to pay for insurance. The SEA
Health Trust, evidently, provided some service to him when they were not
receiving contributions from the gentleman for health coverage and it came to,
I think, $11,000 worth of claims, something like that. When, I guess. Mr.
Hessey discovered this, 'he went to the Health Trust. The Health Trust,
evidently, said, "If you pay the claims that you owe us, then you can stay in
or you can come back to the Health Trust." And I think Mr. Hessey can... and
he sure... I'm certain he can answer you, had determined not to do that, for
some reason.
252 February 9, 1993
Mr. Hessey: The SEA's insurance is Dade, Broward and Palm Beach County. I'm
living in Allatchua County, 400 miles from here. The insurance is of
absolutely no use to me. They changed the insurance from what I previously
had which was AVMED, which was a Statewide insurance when I moved to north
Florida.
Vice Mayor De Yurre: What relief can we give?
Mr. Hessey: I would... I've... Like I said, this is not the beginning of
the insurance. The insurance problem goes back to 1983. In 1981, the City,
while I was on workman's comp, fired me, but Risk Management let me continue
paying my insurance. Evidently, I'm saying something you've never heard
before.
Mr. Odio: No, no. I wasn't...
Mr. Hessey: Pardon me? Well, that's the way it happened. It's in the
records.
Commissioner Plummer: You're saying after they fired you they let you
continue to pay the insurance?
Mr. Hessey: Absolutely. I've got the canceled checks. I paid it to Risk
Management, $32 every two weeks. At the... I paid that from 19... mid-1981
to the end of 1983 and 1983... the end of 1983 my daughter was Injured. Come
to find out the insurance that I thought I had, I had none. Risk
Management... After proving to them with the cancelled checks, Risk
Management personally paid the hospital bills.
Commissioner Plummer: Is that for workman's comp or health insurance?
Mr. Hessey: That was for health insurance. Risk Management then set me up on
an HMO (Health Maintenance Organization). I paid that for approximately three
months, now we're up to $129 a month.
Commissioner Plummer: And all this time, you're not an employee of the City?
Mr. Hessey: All this... At this time, I am technically fired from the City
of Miami, yes. It's a very confusing story. Pardon me?
Commissioner Dawkins: It's very disheartening at worst.
Commissioner Plummer: Well, let me ask... Can...
Mr. Hessey: It's devastating.
Commissioner Plummer: Let me ask this question, if I may. Would it be the
smartest route to take, Mr. Manager, since you're saying you have never heard
of this case, to ask him to sit down with you...
253 February 9, 1993
na3`.
_
. ,
...
Mr. Odio: I have...
Commissioner Plummer: ...because if you haven't heard it, and you...
Mr. Odio: No, no. I have heard of the case. I have not heard that he was
fired from the City...
Mr. Hessey: I have the court...
Commissioner Dawkins: And you continue to give money.
Mr. Hessey: I have the court order reinstating me back in workman's
compensation, after I was pensioned.
Mr. Odio: Yeah. That's what I... I thought he had left because of workman's
comp. That's my understanding.
Commissioner Plummer: Yeah, but are you in a position to recommend to us an
action?
Commissioner Alonso: He couldn't be the only person in this situation, is he?
Mr. Odio: The City...
Commissioner Alonso: No.
Mr. Odio: ...is not responsible for the SEA insurance, period.
Commissioner Plummer: OK. But morally...
Mr. Odio: And my position is that we would...
Commissioner Plummer: Morally, where a guy is paying after he's terminated...
What are we talking about. in dollars, sir? What is your claim for
reimbursement of dollars?
Mr. Hessey: Well, at the present time with the SEA, the $200 comes to almost
$10,000.
Commissioner Plummer: But is that the total what you're asking for?
Mr. Hessey: Oh God, no, sir. We go back to 1983 of monies that I was paying.
1 paid over $3,000 to lawyers just to find out where this $200 went.
Commissioner Plummer: That wasn't a very good investment, was it?
Mr. Hessey: No, sir.
Commissioner Plummer: Especially when you didn't get an answer. Well...
Mr. Hessey: Everybody seems to be blaming somebody else and I'm hanging out
there.
254 February 9, 1993
Commissioner Plummer: I'm not blaming anybody, because I don't know what the
hell's going on, to be honest with you.
Mr. Hessey: What I'm asking for is to be placed back into the general
employees insurance.
Mr. Odio: Well, I would be willing...
Commissioner Plummer: You can't 1f you're not an employee.
Mr. Hessey: With an insurance I can afford...
Mr. Odio: Wait...
Mr. Hessey: ...and an insurance I can use, wherever I decide to live.
Mr. Odio: I would recommend that... we just are taking over the HMOs for the
SEA as of March 1st. We could add him to that, provided he lives in the area
that we're covering, right?
Ms. Weller: And I don't know that...
Mr. Hessey: That's part of the problem. You're insisting I move back?
Commissioner Plummer: Excuse me.
Mr. Odio: No.
Commissioner Dawkins: But are you...
Commissioner Plummer: How are you going to put somebody on an HMO who is not
an employee?
Ms. Weller: Well, Commissioner, the fact is that the retirees and the current
bargaining employees for the SEA are coning back in under a City's health
plan. But it will be only two HMOs that will be offered to tt"at whole group m
retirees and bargaining employees.
Commissioner Plummer: Well, excuse me. Is he a retiree or a fired employee?
Mr. Hessey: I am now a retiree.
Commissioner Plummer: You're now a retiree.
Ms. Weller: He's a retiree.
Mr. Odio: Retiree we could add... you could actually add into the HMO.
Ms. Weller: Now, I do not know if those two HMOs, or one of those two HMOs,
are in his area.
Mr. Odio: Well, they're...
Commissioner Dawkins: Humana... Is Humana in your area, sir?
255 February 9, 1993
Mr. Hessey: I have no idea, sir.
Mr. Odio: And the other one is what?
Ms. Welter: Health Options.
Mr. Odio: Health Options. Health Options should be...
Mr. Hessey: If you give me a list of what's available, I'll try and check it
out.
Mr. Odio: That's it.
Commissioner Dawkins: No, there are only two available. That's what we're...
That's why I'm telling you. There are only two available.
Mr. Hessey: What are they again?
Commissioner Dawkins: Humana and Health Options, whatever that is.
Mr. Hessey: I will have to go back to north Florida and find out.
Commissioner Plummer: What city are you in?
Mr. Hessey: The closest large... Well, I'm midway between Gainesville and
Lake City.
Commissioner Plummer: An¢...
Mr. Hessey: I'm actually in Columbia County...
Commissioner Plummer: So, how far are you to Lake City?
Commissioner Dawkins: Now did you just say you were from Allatchua?
Mr. Hessey: I'm... Pardon me?
Commissioner Dawkins: You just said you were from Allatchua.
Commissioner Plummer: That's the County.
Mr. Hessey: Allatchua is the County.
Commissioner Dawkins: The County?
Mr. Hessey: There's Allatchua County and Columbia County.
Commissioner Dawkins: Now, you say you're out of Columbia.
Mr. Hessey: No, I said I'm near Allatchua County.
Commissioner Dawkins: Oh, near, in Columbia.
256 February 9, 1993
Mr. Hessey: In Columbia, yeah, about a mile across the...
Commissioner Dawkins: He knows. He was born up there.
Commissioner Plummer: 5o where are we?
Mr. Odio: We would be happy to let him join the NMO's, if they cover that
area.
Commissioner Dawkins: Why don't i make a motion that...
Mr. Hessey: I'm not asking for you to make a total decision today. Just hear
my case and consider it.
Commissioner Plummer: We can't.
Commissioner Dawkins: No...
Mr. Hessey: Yeah, I understand that.
Commissioner Dawkins: But I'm trying to say I...
Commissioner Plummer: I'm trying to say... I'm trying to figure out where
the hell to send it to try to get some answers.
Commissioner Dawkins: If we... Why don't I make a motion that we refer this
to...
Air. Hessey: What is the general employees in? This HMO? That's where I
would like to go back, to the general employees and...
Commissioner Dawkins: But until we know, sir...
Ms. Weller: That's not with the SEA bargaining unit.
Commissioner Dawkins: ...that you can go back to anything...
Mr. Hessey: Yes, sir.
Commissioner Dawkins: ...I'm not going to sit here and lie to you and say you
can,
Mr. Hessey: OK. That's fair.
Commissioner Dawkins: So what we need to do is find out what our options are
and then offer than to you and see how they fit in with your needs.
Mr. Hessey: OK. What would you have me do?
Commissioner Dawkins: I would make a motion...
Mr. Hessey: Check in these two counties to see what's there?
257 February 9, 1993
a +�
Commissioner Dawkins: I would make a motion that the City Manager assign
somebody to work... sit dorm with you, find out what the problem is, what the
options are, tell you what the options are, come up with some solutions or a
solution, and if you are not satisfied that you come back to the Commission.
That would be my motion.
Mr. Hessey: That sounds fair.
Commissioner Plummer: let me ask a question, because I'm not familiar. A
regular City employee, let's say for...
Commissioner Dawkins: Now the motion dies for lack of a second. Now, go
ahead.
Commissioner Plummer: Second.
Commissioner Dawkins: OK. Go ahead.
Commissioner Plummer: A regular City employee, good standing, goes on
vacation,..
Ms. Weller: Yes, sir.
Commissioner Plummer: ...and they're in Memphis, Tennessee and they get hurt.
OK? They go to a local hospital because there is no HMO there of which the
City has of the two. How is that bill paid?
Ms. Weller: All right. My understanding is that with the HMOs, if there is
an emergency, you are allowed to go to a nonaffiliated hospital, if it's an
emergency situation.
Commissioner Plummer: In other words, if you've got a belly ache, that's not
an emergency.
Ms. Weller: Well, I don't know what they define as an emergency...
Commissioner Dawkins: If you're appendix is bursting, it is.
Commissioner Plummer: Well, I think you should know, really and truthfully.
Ms. Weller: You know...
Commissioner Plummer: OK. Because who's going to determine whether that
belly ache is a hemorrhage or gastritis? No, what I'm saying is, if he is
there in lake City, Allatchua County and he goes to a local hospital, why
wouldn't the HMO here pay his bill up there?
Ms. Weller: Well, I think there is probably a distinct...
Commissioner Plummer: What difference is it that an employee is on vacation?
I don't know. I'm just asking.
Commmissloner Dawkins: I call the question.
258 February 9, 1993
Vice Mayor De Yurre: Call the roll, please. Any further discussion? No?
Commissioner Dawkins: Any further discussion?
Commissioner Alonso: Every time it would have to be an emergency.
Commissioner Plummer: No, I'm saying that it's... who determines whether
it's an emergency? That's the point I'm trying to make.
Commissioner Dawkins: The doctor.
Commissioner Alonso: Well, usually the...
Commissioner Dawkins: The doctor.
Commissioner Plummer: Yeah. That's after you're there.
Vice Mayor De Yurre: Yeah, sure. OK. Let's call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-114
A MOTION INSTRUCTING THE CITY MANAGER TO ATTEMPT TO
RESOLVE ONGOING PROBLEM CONCERNING RICHARD E. HESSEY'S
MEDICAL INSURANCE COVERAGE THROUGH THE SANITATION
EMPLOYEES ASSOCIATION; FURTHER INSTRUCTING THE MANAGER
TO BRING THIS MATTER BACK WITH A PROPOSED SOLUTION TO
THE PROBLEM; FURTHER INVITING MR. HESSEY TO COME BACK
IF NOT SATISFIED.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: The claim, by itself, explains whether it's an emergency
or not.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Mr. Vice Mayor, I'd like to recognize the...
Vice Mayor De Yurre: Thank you.
259 February 9, 1993
Commissioner Dawkins: ...Commissioner from E1 Portal...
Commissioner Plummer: We're about finished.
Commissioner Dawkins: ...Commissioner Daisy Black, will you stand? Who also
happens to be a City of Miami policeperson...
Mice Mayor De Yurre: All right. Welcome.
Commissioner Dawkins: ...employee, I think. I got a...
Commissioner Plummer: What is she? I didn't hear that.
Commissioner Dawkins: I got a... No. She just works in the Police
Department.
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, Commissioner Dawkins
recognizes the presence of E1 Portal Commissioner Daisy
Black.
----------------------------------------------------------
46. DIRECT ADMINISTRATION TO INSTALL BLEACHERS ON THE FIELD OF BOBBY MADURO
STADIUM FOR FOOTBALL GAMES TO BE STAGED BY JESSE WIGGINS -- CITY TO PAY
FOR COST OF ELECTRICITY.
Vice Mayor De Yurre: OK. Pocket items.
Commissioner Dawkins: One pocket item. Can you come to the mike, sir? All
of you. We have a gentleman who is desirous of using Bobby Maduro Stadium.
Tell us what you want to do with it, then I'm going to tell you what we can
possibly help you do.
Mr. Jesse Wiggins: All right. My name is Jesse Wiggins. I live at 13640 SW
103rd Avenue. I'm a general manager of the Knights of Miami Athletic
Association. It's a nonprofit organization put together to have a second
chance for football players in the high school area. They take the high
school player, the senior who's getting ready to graduate, whose grades are
not high enough to get into a major college, or there's something wrong with
him that he cannot play a major college, he can play football under my
association which is sanctioned by the NCAA International Football League. He
comes into my program, we try to tutor him, give him a right direction to go
so that he can go into a major college or into the professional football
league, because it's sanctioned by the National Football League. The
Commissioner of the football league is John Mays, who was a member of the
Kansas City Chiefs back in the super bowl years, so there's a lot of
representation into the National Football League. And we are a nonprofit
organization, so we don't have the funding to go into a major facility to play
football. We wanted to go to Bobby Maduro because it's in the local area and
260 February 9, 1993
it's surrounded by a lot of kids who need help. So, we go to Bobby Maduro, we
wanted to practice there, plus play our home games there.
Vice Mayor De Yurre: How many games? How many times are you planning on
using it? like... ,
Mr. Wiggins: We use the practice field, we're practicing three nights a week,
7:00 to 10:00 o'clock. We have five home games, starting this Saturday until
May.
Vice Mayor De Yurre: What kind of attendance do you expect at the games?
Mr. Wiggins: We're trying to get close to about 300 people in there, if we
can, more.
Vice Mayor De Yurre: OK. Because, you know...
Commissioner Dawkins: He's willing to share the expenses. The only problem
we have is that..
Commissioner Plummer: Big pockets.
Commissioner Dawkins: ...the Administration feels...
Commissioner Plummer: Deep pockets.
Commissioner Dawkins: ...that the stadium is unsafe. OK? If it's unsafe at
night, it's unsafe in the daytime.
Mr. Cesar 0dio (City Manager): No, no. I mean, when you have public... When
you have the public there, we do not recommend.
Commissioner Dawkins: OK. What they're saying, my fellow Commissioners, is
that the press box, due to hurricane damage and other things, 1s very shaky
and they are afraid that some debris or something will fall from the press box
onto the patrons. But I had said that... I asked Max, was it possible to
rope off the area directly under the press box and let them play. But Max has
said, and this is why I asked him to come here, that he would like to
recommend the use of.. Curtis Park, Max?
Vice Mayor De Yurre: I was going to suggest that.
Commissioner Dawkins: Use Curtis Park, so whatever we can agree on here, I
would...
Vice Mayor De Yurre: Well, that's what it's there for.
Mr. Odio: By the way, and we should have lights...
Commissioner Dawkins: Go ahead, make your...
Mr. Wally Lee (Assistant City Manager): By the end of March.
Mr. Odio: ...by the end of March.
261 February 9, 1993
Vice Mayor Be Yurre: Well, because we also discussed today that we had that
meeting because we're going to get a soccer league in there, which is in some
significant games. By the end of March, all the lights are going to be fixed.
Mr. Odio: Yes, sir.
Vice Mayor Be Yurre: The field is going to be ready for play. OK. But that
won't solve his problem. He's got a game coming up Saturday.
Mr. Wiggins: Right.
Mr. Odio: This Saturday?
Vice Mayor Be Yurre: Yes.
Mr. Wiggins: Yes.
Mr. Max Cruz: OK. Commissioners...
Commissioner Plummer: Well, you know, it's an awful big facility for 300
people.
Vice Mayor Be Yurre: Um-hmn.
Commissioner Dawkins: What is?
Mr. Cruz: The...
Commissioner Plummer: The Bobby Maduro. Well, when... May I ask a question?
Victor, what happened with all that money that was spent over at Curtis Park?
Commissioner Dawkins: That's where he's trying to send them.
Mr. Odio: That's what I just said, Commissioner, that it would be ready at
the end of March.
Commissioner Plummer: That's still in a bad shape also?
Vise Mayor Be Yurre: No, the lights were... because of damage by the
hurricane.
Mr. Odio: Well, the lights were turned by the hurricane.
Commissioner Plummer: You know, you're talking about... As I recall, in
Bobby Maduro, you're talking $139 an hour for lights.
Mr. Cruz: A hundred and fifty, Commissioner.
Commissioner Plummer: Well, that doesn't include the electrician, it doesn't
include cleanup, it doesn't include the striping of the field and all of that,
and the wear and tear on the field. I just... It's an awful big...
Commissioner Dawkins: The only reason...
262 February 9, 1993
Comnmissioner Alonso: Mow many people are we talking about?
Commissioner Dawkins: The only reason, J.L., the gentleman came to ask...
Commissioner Plummer: Three hundred he said.
Commissioner Dawkins: ...for Bobby Maduro, he didn't know any better. OK?
That's why we're trying to help him realize...
Commissioner Alonso: Too big for that.
Commissioner Dawkins: ...that he'll get a better deal, less expensive and
everything, if he goes to Curtis... He just did not know to ask for Curtis
Park.
Commissioner Plummer: Well, I think...
Mr. Odio: Right.
Vice Mayor De Yurre: But the thing is that he can't go, because the season
will be over, I imagine.
Commissioner Alonso: Because no lights.
Mr. Wiggins: No, the other reason...
Mr. Odio: Well, let me... Can...
Mr. Wiggins: The other reason is that most of the other stadiums are all
damaged by the hurricane.
Mr. Odio: Well, let me offer a solution. Max, can you work it out so we put
those portables we've got? It's only 300 people, put them out on the field,
don't let anybody in the stands and let them play the game there.
Commissioner Plummer: On what?
Mr. Cruz: OK. The...
Mr. Odio: But you could not use the stands.
Commissioner Plummer: On the what?
Mr. Odio: The stands is where the danger is. In the field is OK. You can
put people out on the field to watch the game.
Commissioner Dawkins: In bleach... Put bleachers.
Mr. Odio: Bleachers. Portable bleachers and we've got some.
Vice Mayor De Yurre: Now, the games have to be played. are they night games
or day games?
263 February 9, 1993
Mr. Wiggins: Well, the... It has to be played at night, because we're
playing Titusville, who has to come in from Titusville, so...
Mr. Odio: It's no problem, if they keep the crowd from the stands. —
Mr. Wiggins: They have to come in from Titusville, so that's a day's drive
into Miami, so we play the night game so they don't have to stay over. They
can't afford to.
Commissioner Dawkins:
work, too.
And most of them are working fellows, they've got to
Mr. Wiggins: Right, right.
Vice Mayor De Yurre: And practice lasts what? - a couple of hours?
Mr. Wiggins: Yeah.
Mr. Cruz: They're doing the practices...
Mr. Odio: Right now.
Mr. Cruz: ...at Bobby Maduro now, because there is no public in the stands. —
Now, it would have been easier if we could ever get a demolition going on and -_
take all this debris that has fallen off from the press box, but, you know,
this... They can't wait.
Vice Mayor De Yurre: Well, look, we're only talking...
Commissioner Dawkins: Well, but all we have to do, Max, is wait until the
season is over for the demolition. I mean, we don't have to create a problem.
Vice Mayor De Yurre: It's only five games, right?
Commissioner Dawkins: That's right.
Mr. Wiggins: Right.
Vice Mayor De Yurre: When 1s the season over?
Mr. Wiggins: May.
Vice Mayor De Yurre: May?
Commissioner Dawkins: All we've got to do is wait until June to have a
demolition.
Mr. Wiggins: Unless we make the championship.
Commissioner Dawkins: Well, OK. If you get that lucky, we'll be glad to hold
off.
' Vice Mayor De Yurre: Then it becomes October.
264 February 9, 1993
v
G„
Mr. Wiggins: No,
Vice Mayor Be Yurre: OK. Well, then do we have a motion to direct the
Administration to...
Commissioner Dawkins: So moved.
Commissioner Plummer: To do what?
Commissioner Alonso: Second. =
Vice Mayor De Yurre: To let them use the field.
I Commissioner Alonso. To work with them and find...
= Commissioner Plummer: That's fine. That's fine.
=Ftt
Mr. Wiggins: And can I get one more thing?
=, Commissioner Plummer: But you know, we can't be deep pockets to all people. —
Commissioner Alonso: Yeah.
Mr. Wiggins: In the event... You said in March... -
= Vice Mayor De Yurre: Curtis Park.
Mr. Wiggins: In the end of March or first of March? End of March.
-_' Mr. Odio: Would you approve that the Law Enforcement Trust Fund pays for the -
-' lights?
Commissioner Plummer: Sure. Move it right now.
Mr. Odio: Move it. We'll pay for it...
Vice Mayor De Yurre: Any second?
=± Mr. Odio: That's a good way of doing...
Vice Mayor De Yurre: OK. And if...
Commissioner Plummer: Well, wait a minute now. Excuse me. I move it subject
to your telling me that you don't think you can get it from FEMA (Federal =_
Emergency Management Agency).
Mr. Odio: No, no.
Vice Mayor De Yurre: No, the electricity, J.L.
Commissioner Plummer: The lights, were they not damaged by the hurricane?
Mr. Odio: Electricity. I'm talking about electricity. Electricity. I'm
talking the electricity they use.
265 February 9, 1993
ad,? —
Commissioner Plummer: You mean the cost of energy?
Mr. Odio: Cost of...
Commissioner Plummer: Ah, yes, I'll move it to be paid by the Trust Fund. i
Commissioner Dawkins: Seconded by Commissioner...
Mr. Cruz: As far as the electricity of the stadium, the lights, they need to
be redirected. But FEMA is going to do that as soon as they get on the
program.
Commissioner Plummer: OK. But the Police Department's... Excuse me. The
Fine and Forfeiture Fund of this City, not belonging to the Police Department
but to the City, 1s going to pay for the energy.
Mr. Odio: Fine.
Commissioner Plummer: Yes, that's fine. I so move,
Commissioner Dawkins: Seconded by Commissioner Alonso. Let's go.
Vice Mayor De Yurre: OK. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-115
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE
KNIGHTS OF MIAMI ATHLETIC ASSOCIATION, A NOT -FOR -
PROFIT ORGANIZATION, THE USE OF THE BOBBY MADURO MIAMI
BASEBALL STADIUM FOR THE STAGING OF THE FIVE (5)
FOOTBALL GAMES OF THE SEASON COMMENCING FEBRUARY 13,
1993 AND DIRECTING THE CITY MANAGER TO HAVE PORTABLE
BLEACHERS ERECTED ON THE PLAYING FIELD OF THE BOBBY
MADURO MIAMI BASEBALL STADIUM FOR SPECTATOR SEATING
PURPOSES FOR SAID GAMES; FURTHER, STIPULATING THAT THE
FUNDS NECESSARY FOR PAYMENT OF ELECTRICITY FOR SAID
GAMES SHALL BE ALLOCATED FROM THE LAW ENFORCEMENT
TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
266
February 9, 1993
V
J.
AYES: Commissioner Miriam Aionso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Vice Mayor De Yurre: Thank you.
-----------------------------
47. Continued Discussion -- - --
( ) APPROVE GRANT OF EASEMENT TO BELL SOUTH
TELECOMMUNICATIONS, INC. (d/b/a SOUTHERN BELL TELEPHONE AND TELEGRAPH
COMPANY) -- FOR CONSTRUCTION / INSTALLATION / MAINTENANCE OF AN
UNDERGROUND COMMUNICATIONS LINK UNDER / THROUGH CITY PROPERTY ON
VIRGINIA KEY (See label 4).
=1-------------------------------------------------------------------------,------
771
Commissioner Plummer: All right. Back to pockets. I would like to revert
back to consent agenda item number four, which is the Southern Bell lane of
the transmission link. I move it subject to them negotiating with the Manager
some donation which 1s agreeable to him and to me.
Mr. Cesar Odio (City Manager): Hey, I withdrew that item.
Commissioner Plummer: No. That's all right. I move it, subject to those
stipulations.
Mr. Odio: Well, you were going to...
Commissioner Dawkins: Second.
Commissioner Aionso: Say it again. Say it again.
Commissioner Plummer: OK. I move it subject to their... some donation to
the City that is acceptable to the Manager and then to me.
Commissioner Dawkins: Second.
Vice. Mayor De Yurre: Call the roll.
71 -
267 February 9, 1993 -
RESOLUTION NO. 93-116
A RESOLUTION, WITH ATTACHMENT(S), APPROVING A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO BELL
SOUTH TELECOMMUNICATIONS, INC., d/b/a SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY FOR ITS CONSTRUCTION,
INSTALLATION AND MAINTENANCE OF AN UNDERGROUND
COMMUNICATIONS TRANSMISSION LINK AND APPURTENANCES
UNDER AND THROUGH CITY OF MIAMI PROPERTY LOCATED ON
VIRGINIA KEY, SUBJECT TO A VOLUNTARY DONATION TO THE
CITY IN AN AMOUNT ACCEPTABLE TO COMMISSIONER J.L.
PLUMMER, JR. AND THE CITY MANAGER; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID GRANT OF EASEMENT ON
BEHALF OF THE CITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez
48. APPOINT INDIVIDUAL TO SERVE AS MEMBER OF THE NUISANCE ABATEMENT BOARD
(Appointed was: Carolyn Cope).
Commissioner Plummer: My next...
Vice Mayor De Yurre: Any further pockets?
Commissioner Plummer: No, no. My... No, no.
Vice Mayor De Yurre: Is this your...
Commissioner Plummer: Pockets, I have two pockets.
Commissioner Dawkins: OK. Go right ahead.
Commissioner Alonso: I think I`m leaving before this gets to be...
268 February 9, 1993
Commissioner Plummer: First one, I am appointing to the ;Nuisance Abatement
Board Carolyn Cope of Coconut Grove.
A Commissioner Dawkins: Second.
A. Quinn Jones III, Esq. (City Attorney): Carolyn Cote?
Commissioner Plummer: Cope. C-O-P-E.
Commissioner Dawkins: Second.
Vice Mayor De Yurre: OK. Call the roll then.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
=
RESOLUTION NO. 93-117
_=
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE
—
AS A MEMBER OF THE NUISANCE ABATEMENT BOARD OF THE
=
CITY OF MIAMI, FLORIDA FOR A TERM AS SPECIFIED HEREIN.
(Here follows body of resolution, omitted here and on
—'
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Aionso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
i
t---
ABSENT: Mayor Xavier L. Suarez
- -- -------------------------------------------------------------------
49. AUTHORIZE ALLOCATION OF $50,000 AS SEED MONEY IN CONNECTION WITH THE
BUDWEISER UNLIMITED REGATTA EVENT.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Number two.
Commissioner Plummer: My second pocket item is the every...
Mr. Cesar Odio (City Manager): Second? You're on the first.
Commissioner Alonso: Lost count.
Commissioner Plummer: Sir, that was an agenda item. My next... Come here.
I want Miller to move this one for me. That as the customary procedure that
269 February 9, 1993
4.1
the City advance $60,000 of seed money for the unlimited Budweiser Regatta for
the initial seed money. Mr. Dawkins moves and I second.
- Vice Mayor De Yurre: OK.
Commissioner Plummer: Call the roll in a hurry, please.
Vice Mayor De Yurre: It's coning from the Sports Authority.
Commissioner Plummer% MUY RAPIDO,
Commissioner Alonso: Money comes from where?
ry
Commissioner Plummer: From the Parks and Recreation Fund.
Vice Mayor De Yurre: From the Law Enforcement Trust Fund.
t;
Commissioner Plummer: That's all right. I don't...
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-118
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION
TO ALLOCATE $50,000 AS SEED MONEY IN CONNECTION WITH
THE BUDWEISER UNLIMITED REGATTA.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez
270 February 9, 1993
11
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Let me clarity
deceiving anybody. On that seed money,
could lose some money. We never have.
4,.
the record now, so that I'm not
there is an element of risk that we
Commissioner Dawkins: There is no element. You will lose it. Go on, Mr...
Go ahead, Mr. City Attorney.
Commissioner Plummer: Well, OK. I just want you to know that that is not an
absolute guarantee, as 1t has never been in the past. Yes.
50. (A) AUTHORIZE INCREASE IN COMPENSATION TO DANIELS, KASHTAN 6
FORNARIS, LEGAL CONSULTANTS / CO -COUNSEL IN CONNECTION WITH THE
CASE OF MCNEW MARINE CONSTRUCTION, INC. VS. CITY OF MIAMI VS.
RONALD A. FRAZIER 6 ASSOCIATES, ET AL.
(B) AUTHORIZE INCREASE IN COMPENSATION TO ARTHUR J. ENGLAND, JR. OF
GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN b QUENTEL WHO SERVED
AS CO -COUNSEL BEFORE FLORIDA SUPREME COURT IN CONNECTION WITH:
CITY OF MIAMI V. BELL (CASE #80,524); CITY OF MIAMI V.
AROSTEGUI (CASE #80,560); CITY OF MIAMI V. McLEAN (CASE
#80,575); CITY OF MIAMI V. MEYER (CASE #80,652); CITY OF MIAMI
V. FAIR (CASE #80,728); CITY OF MIAMI V. THOMAS (CASE #80,683);
CITY OF MIAMI V. HICKEY (CASE #80,981); CITY OF MIAMI V. KING
(CASE #80,999); AND CITY OF MIAMI V. LEIBNITZER (CASE #80,998).
Vice Mayor De Yurre: Any further items?
Commissioner Alonso: It's coming from his budget.
Commissioner Dawkins: You've got some pocket items, Madam Alonso?
A. Quinn Jones III, Esq. (City Attorney): Commissioner... Mr. Vice Mayor.
Vice Mayor De Yurre: Yes,, sir.
Mr. Jones: I have two items that I need...
Commissioner Dawkins: Even the City Attorney has got pocket items.
Commissioner Alonso: This is getting...
271 February 9, 1993
Mro Jenest, ...always talk to...
Commissioner Aionso: Now, instead of the Commission, everybody is having
pocket items.
Mr. Jones: I talked to you...
Vice Mayor De Yurre: Go ahead, Mr. Jones.
Commissioner Dawkins: Go ahead, Mr. Jones.
Mr. Jones: I have two cases that I spoke to you about that I need an increase
in authorization for engagement of outside counsel. One is the Miamarina
case, which is going to trial next month, special setting.
Vice Mayor De Yurre: Weren't you here before on that not too long ago?
Mr. Jones: That was about a year ago.
Vice Mayor De Yurre: That long?
Mr. Jones: That... No, the... Remember I told you that the fees will be
recoverable from the performance bond so the City won't lease. So, I need an
authorization for at least... not... an amount not to exceed $100,000...
Commissioner Dawkins: So moved.
Mr. Jones: ...that will conclude the trial in that.
Commissioner Plummer: Second.
Vice Mayor De Yurre: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-119
A RESOLUTION INCREASING THE COMPENSATION TO THE LAW
OFFICES OF DANIELS, KASHTAN & FORNARIS, P.A., SERVING
AS LEGAL CONSULTANTS AND CO -COUNSEL IN CONNECTION WITH
THE CASE OF MCNEW MARINE CONSTRUCTION, INC. VS. CITY
OF MIAMI VS. RONALD A. FRAZIER & ASSOCIATES, ET AL.
WITH THE FEE FOR SUCH SERVICES NOT TO EXCEED AN
ADDITIONAL $100,000.00; ALLOCATING FUNDS THEREFOR FROM
THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
272 February 9, 1993
-z
Upon being seconded by Commissioner Plummer, the resolution was passed
—
and adopted by the following vote:
—
=_
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor Be Yurre
z—
—
NOES: None.
==
ABSENT: Mayor Xavier L. Suarez
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: As long as it's coming out of the City Attorney's
—
budget.
—_
�4
COMMENTS MADE AFTER ROLL CALL:
—
-
.'
Vice Mayor Be Yurre: Number two.
—
Mr. Jones: OK. And one other is a $70,000 increase needed to complete the
_
pension offset litigation before the Florida Supreme Court, increasing the
=_
amount for Arthur England of Greenberg Traurig, who is assisting us in this
matter and who will be conducting oral argument.
Vice Mayor De Yurre: Do we have a motion on that?
=
Commissioner Plummer: Move it.
_
�!
Commissioner Dawkins: Second.
—
Vice Mayor Be Yurre: Call the roll.
r
Commissioner Plummer: As long as 1t comes out of the City Attorney's budget.
.v�
—
273 February 9, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-120
A RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION
TO ARTHUR J. ENGLAND, JR. OF THE LAW FIRM OF
GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL,
P.A. TO SERVE AS CO -COUNSEL BEFORE THE SUPREME COURT
OF THE STATE OF FLORIDA FOR SERVICES RENDERED IN
CONNECTION WITH THE CASES OF CITY OF MIAMI v. BELL,
CASE #80,524; CITY OF MIAMI v. AR GUI, CASE
080,560; CITY OF MIAMI V. MCLEA A ,575; CITY
OF MIAMI V. ; CITY OF MIAM v.
FAIR, CASE ; CITY OF MIAMI v. THOMAS, CASE
T,683; CITY OF MIAMT v. HICKEY, CASE 0 O$-1; CITY
OF MIAMI v. ; CITY OF MIAMI v.
CASE #80,998; ALLOCATING FUNDS
FOR SERVICES IN AN AMOUNT NOT TO EXCEED
$70,000.00 FROM THE CITY OF MIAMI SELF-INSURANCE AND
INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the fallowing vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Vice Mayor De Yurre: OK. I have one.
Commissioner Dawkins: Mr...
Commissioner Alonso: Did we hold their case? Madam? _
Vice Mayor De Yurre: I move that we reduce the City Attorney's salary by the =-
sum of...
Commissioner Dawkins: Second the motion.
Commissioner Plummer: Third.
Vice Mayor De Yurre: Second.
Commissioner Dawkins: Second.
274 February 9, 1993
Commissioner Alonso: We've both been here too long.
A. Quinn Jones III, Esq. (City Attorney): How about an increase?
Commissioner Dawkins: Mr.
Commissioner Plummer: Mr. Vice Mayor?
Commissioner Alonso: Did we vote...
-------------------------------------------------------------------------------
51. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
(A) PROCLAMATION: MR. THELBERT JOHNAKINS DAY -- FOR HIS MANY YEARS OF
DEDICATED VOLUNTEER WORK AND COMMITMENT TO COMMUNITY ENDEAVORS AS
CHAIRMAN OF MODEL CITY CRIME PREVENTION SUBCOUNCIL.
Commissioner Plummer: Mr. Johnakin is here. We have a presentation that I
will ask that this Commission make and I think they also have an item that
they wish to discuss.
Vice Mayor De Yurre: Whose pocket is this?
Commissioner Plummer: This is not a pocket, sir.
Commissioner Dawkins: No, this is a regular scheduled item. He wasn't here.
Commissioner Plummer: This was on the agenda.
Vice Mayor De Yurre: What item?
Commissioner Dawkins: It's a regularly scheduled item.
Commissioner Alonso: What was that?
Vice Mayor De Yurre: Twenty-seven? Twenty-six?
Commissioner Dawkins: Yes. He wasn't here. _
Vice Mayor De Yurre: OK.
Commissioner Plummer: Mr. Dawkins, have you got your glasses on? Where is
Mr. Johnakin? He was here, where did he go?
Vice Mayor De Yurre: Oh, man. Going once, twice...
Unidentified Speaker: There he is coming in.
Commissioner Plummer: Just because you had a heart attack doesn't mean you =
can stand in the back.
Commissioner Dawkins: Come up here. We have a proclamation, sir.
275 February 9, 1993
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4
9
Commissioner Plummer: Cone up.
Commissioner Dawkins: Come up here, please.
Mr. Cesar Odio (City Manager: You are the last item up. We have no
photographer so we have no picture.
Commissioner Dawkins: T.V. cameras...
Commissioner Alonso: And we have videos. Yeah.
Mr. Odio: Yeah, we have video.
Commissioner Dawkins: Those of us who live in and around Manor Park know that
one individual will worry you to do death. That's Mr. Johnakin. If he's
right, he worries you.
Commissioner Plummer: No, no. I don't live at Manor Park and he worries me
all the time.
Commissioner Dawkins: But it's always for the betterment of the City. I have
yet to hear him ask for anything for Johnakin. So, therefore, the City of
Miami has decided to give him a proclamation and the proclamation reads, "As
18th century American writer, Robert G. Ingrahail, once said 'He stands erect
by bending over the falling. He rises by lifting others.' And whereas, Mr.
Thelbert Johnakin, chairman of the Model City's Crime Prevention Subcouncil,
the City of Miami Police Department Program, 1s the archetype of the volunteer
who is always willing to lend a helping hand. Therefore, we the local
authorities, on behalf of the community, salute Mr. Johnakin and declare
today, February 9, 1993, Mr. Thelbert Johnakin day." And it's so done.
Mr. Thelbert Johnakin: I must say that this is one of the proudest evenings
of my life and I'm just proud of this State that I'm receiving this award
while I'm still alive. This means a lot to me. I am one of those, as the
Commissioner said, that gives but never asks. But tonight I'm going to ask.
Commissioner Dawkins: Not for you. It's not for you.
Mr. Johnakin: Not for me.
Commissioner Dawkins: Never...
Mr. Johnakin: Not for me. But tonight I definitely need to speak to the
Commissioners but not for me. But I am very thankful for the Commissioners
here, Plummer and all the rest of you, for being a part of making this a very
happy day of my life. And I want to thank all my people who showed up here
tonight to support me. These people here, if it wasn't for them, there would
not be Johnakin out there in Model City. And all our community relation
people, our chairperson, areawide chairperson, and all of you. And may God
bless you all and thank you a lot.
Vice Mayor De Yurre: OK. Way to go.
276
February 9, 1993
l�7
0
s — r •-- M---M--.air.----------------------www--ww----ww--------=
62. (A) PERSONAL APPEARANCE BY MR. THELBERT JOHNAKINS (CHAIRMAN, MODEL
CITY CRIME PREVENTION SUBCOUNCIL AND TASK FORCE) TO DISCUSS
ISSUES CONCERNING CRIME, CODE ENFORCEMENT AND RELATED ISSUES.
(Il) DISCUSSION IN CONNECTION WITH CONCERNS OF RESIDENTS OF WEST
COCONUT GROVE AREA REGARDING SALE OF NARCOTICS AT N.W. 61
STREET BETWEEN 12 & 17 AVENUES (See label 35).
(C) INSTRUCT ADMINISTRATION TO IMMEDIATELY MAKE ALL NECESSARY
REPAIRS TO THE NORTH POLICE SUBSTATION.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Who's going to make the request?
Commissioner Dawkins: Mr. Johnakin is.
Vice Mayor De Yurre: You will? OK. Get your proclamation, man. There you
go.
Commissioner Plummer: Mr. Johnakin, to my knowledge, is the only one that can
straighten out Thelma in my office.
Vice Mayor De Yurre: OK. Go ahead.
Commissioner Plummer: Take your choice.
Mr. Thelbert Johnakins: My name is Thelbert Johnakins, 1345 NW 51st Street
and I left all my notes over there,
Commissioner Plummer: I'm sure you don't need them.
Mr. Johnakins: Well, I probably don't. To the Commissioner, and Vice Mayor,
for a long time I have been divorced from many people in the Model City area.
It wasn't something that I really wanted to do, but it was something that I
promised God that I would do, if he was just spare my life. And so far, I
have done just that. And some of the things that I have done, it wasn't
that... some things that people would ask me to do and I really didn't know
whether I could do it or not, but I tried anyway. But what I want to say to
the Commissioners and them tonight, it is something that many a time that my
people have asked me, I have a complaint about several things, things that I
can't do, that's the only time I go to the Police Department or I come to the
Commissioners. We're at the North Police Substation and I don't know... I
know some of you that have been in that substation. Now, if you want to ever
freeze to death, just go to the North Police Substation that we have an air
conditioning there that you cannot control. And when I walk into that station
and I see all the people there with heaters on, half froze to death, when I
can only go 1n and stay for a short while, that makes me feel bad because this
station was put there, I understand, to serve the citizens of the Model City
area. When our peoples come there - we have anywhere from 50, sometimes 60
people that come to a meeting - they have nowhere to park, we only have six
parking areas, all together six and two of those are for a restricted area.
So, we only have four spots there to park. Now, I have to come back and say,
I don't see very much service that this station can give to us when we have
277 February 9, 1993
a12—
i!
nowhere to park there. And there are so many things - I have clained about
the security at this Police Department. I go from station to station, from
courthouse to courthouse, and when you walk into a door there is a metal
detector there. But if you go to the north police substation, you can find
that the back gate is still open. You can find that all the things that we
have complained about in the past are still there. As I said, we are not
those that complain, we are those that work. The people that I represent
here, these people have washed cars, they have sold dinners, they have had
boat trips to raise money, and as we said this is a City of Miami Police
Department program, but yet we have taken care of this program.
Vice Mayor De Yurre: What do you need from us?
Mr. Johnakins: Sir, no one... I would like to see the north police
station... I would like to see that air-conditioned fixed where you can
control it, that's number one.
Vice Mayor De Yurre: OK.
Mr. Johnakins: I would like to see security taking care of...
Commissioner Plummer: Mr. Johnakin, let me simply cut through this, if I may.
Thelma in my office has been working with him for some time. They have it all
documented. We've put it 1n memos, we've sent it to the Administration, and
we continue our asking for help and I would say that they ought to get a copy
of those memos to all of the Commissioners and let us back up to the Manager
and say, "Hey, here's what's got to be done."
Commissioner Dawkins: You know, I could go along with that, 1f I too had not
complained as long and as hard as Mr. Johnakin. Damn the memos. Get the ,fob
done.
Commissioner Plummer: I agree with that.
Commissioner Alonso: So do I.
Commissioner Dawkins: The place needs painting.
Commissioner Alonso: Sure.
Commissioner Dawkins: The back gate has been broken for three... ever since
it was built. And the memos keep flying.
Commissioner Plummer: If you go downtown, they've got live people on the
gate.
Commissioner Dawkins: The... You go there, as he said, there is no place for
the policemen to park, let alone us. We've complained about that.
Mr. Odio: We have a parking problem. —
Commissioner Dawkins: And yet you tell me, a memo. I don't need a memo. I =
need for the Manager to tell me, Commissioner Dawkins, and the rest of the
Commissioners, March 1 everything will be fixed. Or... What's the first
meeting in March? March 11th.
278 February 9, 1993
pyMT,
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Commissioner Plummer: Yeah.
Commissioner Dawkins: At the March lath meeting, Mr. Johnakin can come back
down here and see the air condition is operational, the place has been
painted, we have the furniture in it that we've been begging for, all the
furniture that we need to make 1t look like any other police station, the back
gate has been fixed, the roof no longer leaks. All of these things have been
brought to everybody's attention memo by memo by memo. So, Mr. Johnakin is
down here today telling us we don't need another memo. We need action.
Vice Mayor De Yurre: Is that a motion?
Commissioner Dawkins: Yes.
Commissioner Plummer: Is the second floor being used?
Mr. Johnakins: Yes, sir. It is being used, sir, and it's very overcrowded.
Yes, sir. I...
Commissioner Plummer: Well, that's something new then, because the second
floor was closed and vacant for...
Mr. Johnakins: Well, it's not now. It's full. It's... You have to... You
would really have to be there and see to really know what's going on and...
Commissioner Plummer: Well, I was there and couldn't get it, because it was
locked.
Mr. Johnakins: Well, it's not locked anymore, because I... if I make no
mistake, we have one room there with about 16 people in it and that is too
overcrowded. And we don't have enough telephone lines there.
Commissioner Dawkins: Let me pick at... Not only, Mr. Johnakins, do we not
have enough telephone lines, our Major, Major Cheatham, is the only one in the
Police Department who has to use his own cellular phone. The City of Miami
will not give Major Cheatham a phone.
Commissioner Plummer: Why would we give anybody in the Police Department a
cellular phone?
Commissioner Dawkins: I don't know why you give it to them, but I know you
have not given him...
Commissioner Plummer: I don't why they have... They have the two-way radio,
then...
Commissioner Dawkins: I don't care why you give them to the others. I know
you have not given him one along with everybody else.
Commissioner Plummer: Well, excuse me. I would like to know if we have
anyone in the Police Department who has a cellular phone that the City is
paying for, I would say to you is a total waste of money. They have three
mobile channels on their walkle talkies that don't cost the City a dime.
279 February 9, 1993
, a;_Y• . 3'StY �� 3i l}�t Y e t rt e :Y { y 3s �t!L'}1
Commissioner Dawkins: OK. Mr. Williams...
Commissioner Plummer: And I would like a memo, Mr. Manager, if in fact there
ate any one...
Mr. Odio: There are.
Commissioner Plummer: ...of cellular... Excuse me?
Mr. Odio: There are.
Commissioner Plummer: Well, I would like to see who they are and the
justification of why, and the bills for the last 12 months.
Commissioner Dawkins: While you're getting this together, tomorrow morning
see that Major Cheatham has one so you can put him on the list. OK? That's
all I'm saying.
Mr. Johnakins: May...
Vice Mayor De Yurre: Do we have a second on Miller's motion?
Commissioner Plumper: Second the motion. That wasn't a motion about the
cellular phone, was it?
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-121
A MOTION INSTRUCTING THE ADMINISTRATION TO TAKE ALL
NECESSARY STEPS TO IMMEDIATELY HAVE ALL PENDING
REPAIRS TO THE NORTH POLICE SUBSTATION COMPLETED (AIR
CONDITIONER, PAINT, FURNITURE, BACK GATE, ROOF,
PHONES).
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez
COMMENTS MADE DURING ROLL CALL:
Cormissioner Dawkins: I'm sorry I cut you off. Go ahead, Mr. Johnakins.
280 February 9, 1993
Mr. Johnakins: Can I,..
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Go ahead, Mr. Johnakins. I'm sorry I cut you off, sir,
Mr. Johnakins: Sir, there is also another problem. I know
that you all are aware of the smas and grab in our area.
Commissioner Plummer: Everywhere.
Mr. Johnakins: And it's getting braver and braver.
Commissioner Plummer: Two doors down from me a guy stuck a gun in his face.
Mr. Johnakins: Some of you, yourselves, have been victims of crimes.
Commissioner Plummer: Two doors. We caught him.
Mr. Johnakins: And some of you have been prisoners in your homes.
Commissioner Plummer: They got him Friday morning.
Mr. Johnakins: Now, I meet a lot of people over the month that are victims in
their homes. Now, what we hope to do, as you know..% I don't know whether
anybody here can verify this or not. I know it, whether they say it or not.
I know that we are very short with police officers. We are very short and
something has got to happen. We cannot keep on going through and having these
problems that we are having, because whenever you see cars parked all around
you, and when you're brave enough to get out of your car and go up there and
smash a window, or snatch a purse - which I saw the other day, and I'm always
seeing the smash and grab, which I have a cellular telephone. No sooner I
throw it up to may head, they are gone. And I'm not a police officer, I don't
chase, 1 don't try to follow anybody. But anyway, we have a problem. We need
more police officers. I think that Chief Ross, he's doing the best he
possibly can with what he has to do it with. Also, with our a Sanitation
Department, and all our workers, if you check down you'll find a shortage in
all your departments. Now, I've been told that some of the things I am going
to say today are referenced to a definite department. I'm not going to
mention, because I understand that they are being corrected now, but I'm going
to see. Because when these people come to me, I have to bring something back
to them the next month. It is very hard to keep 76 or 56 or so many people
are coming to a crime watch . that's one of the easy things to
lose. And I don't want to lose Uii s group. It's a fighting group and it's a
big support to you all. We know where the worst crimes are in our area. We
know where the smash and grabs, we know where the drugs, we know the whole
works. But I'm asking the Commission, will you please work with us and let me
know what is happening before I can carry something back to this board. And
pretty soon you will have a proposal that I'm going to be doing something with
the City, and I'll ask you all to please take a good look at this proposal and
support us on it. Thank you.
Vice Mayor De Yurre: Thank you.
281 February 9, 1993
t25 _-...�..-.,.�.....,..,.-... e...�._,...,.�.....,.�...m..__.
Commissioner Dawkins: OK. You know, 1 will need you... Go ahead, Mr.
Johnakins. I will need you back down here. I am going to schedule a
Commission meeting, because I do not understand why there's a drug flea market
from 12th to 17th Avenue, you can buy anything you want. I do not understand
why guys can sit out on milk crates and sell drugs. I do not understand why,
as Mr. Johnakins says, the snatch and grab has become sophisticated. It's no
more... It's no longer... What Mr. Johnakins didn't explain to you is, it's
no longer two individuals doing the snatch and grab. It's a posse and they go
from car to car and they run and they take the pocketbooks and they stash them
away, and then 1n the afternoon, they sit down and they divvy up the get...
what they've... All of this goes on. But my station is always short of
_ police. That station never has a full compliment of police. You can go to
the north... the south station, you'll find 30 people. You go to the central
station, you'll find 40 people on a shift. You go into the north station and
we're lucky if we've got six, eight, ten. I have... And to let you know, I
have pulled "P" sheets. When I call my meeting, you won't be able to tell me
that Sergeant Brown was there. I've got a "P" sheet that tells you who was
there and it just does not make sense for me to have a POP (Push out the Drug
Pushers) unit with six officers in it that's supposed to be addressing drugs.
And Lieutenant Brooks, as you told me, has 45 men with street narcotics.
Street narcotics is the same as drugs and when I... At the March 1 meeting,
when I get all my "P" sheets together...
Commissioner Plummer: March 11.
Commissioner Dawkins: So, whenever it is, I want the whole... Manager and
the Chief to explain to me why it is the north station and my neighborhood
is... You don't find people sitting on milk crates selling drugs nowhere but
in Liberty City and Coconut Grove and Overtown.
Commissioner Plummer: Yeah.
Commissioner Dawkins: Now, if you can keep them out of the other areas, you
can keep them out of Overtown, Coconut Grove and Liberty City. And, you
see... And my... When I present my... my buddy J.L., J.L. sits here
constantly every meeting, J.L. tells us - having been here 20 years, he knows
what he's talking about - you've got policemen who should be out fighting
crime. A good example is Lieutenant Brooks' unit. You all just promoted him.
You put him up there and he's going to take everybody with him. Nobody on the
streets fighting crime. J.L. can tell you where everybody is in this City of
Miami, who should be out on the streets fighting crime, and I'm going to be
ready to make a motion that if we do not clear up Liberty City of drugs,
snatch and grab, and prostitution, that the City... that all the elected
officials, don't elect us and have a recall on the other two. Now, that's
my... That will be... Because we are... you have to blame us. I can't
blame the Manager. I can't blame the Police Chief. I have to blame the
Commissioners for not demanding that this be done.
Vice Mayor De Yurre: I don't think...
Commissioner Plummer: Mr. Dawkins, I will send to you, sir, the sheets that I -
have been trying to implement, where you have policemen out in the bay, which _
I don't think there's a whole hell of a lot of crime.; you've got policemen in
boxing programs; you've got policemen taking care of a burglar alarm, just the
_= 282 February 9, 1993 =
ordinance; you've got policemen in property bureau, which they should be, in
my estimation, out fighting crime, as you say. I don't need a policeman to
write an accident report. The State of Florida says a $17,000 PSA (public
service aide) can write an accident report. The State of Florida says a PSA
can write about 80 percent of the reports. But, for whatever reason, we're
not doing it. A policeman today, unfortunately, 50 percent of his time 1s
writing reports, or more. OK? Now, to me, at budget I passed 150 PSAs, I
want to tell you how discouraged I am when I go and I see a PSA riding with a
policeman. That was nevdr, ever the intent. OK? That I listen all day long
to policemen being dispatched to writing accident reports, after the fact
reports, house break-ins, car thefts, automobile thefts. You don't need a
policeman for that. It is a report processing kind of a scenario, but yet, we
are sending out $59,000 cost a year individuals, when we could be sending out
seventeen. We've got 18 policemen, as I recall, doing nothing but background
checks, just checking backgrounds. We've got policemen who are being pulled
off every afternoon to go do school guard crossings, when there is money there
for school guard crossings. What I'm saying to you is, we've got the police
officers, we've got to utilize them to fight crime and not being secretarial
work. Use PSAs to do the report processing. And I want to tell you, if you
do that, in my estimation, you're going to see a major change. Mr. Dawkins, I
will give you... You know how close to home things come - Friday morning, two
doors from my house, the man went to open the door of his car and had a gun
stuck between his eyes and told to get lost. That's two doors from my house,
Friday morning. Thank God I was able to flag down a policeman on 17th Avenue
and the subject was apprehended. OK?
Commissioner Dawkins: Well, I'm glad to see my neighbors here, because all I
ever hear is, "Miller Dawkins doesn't do this," "Miller Dawkins doesn't do
that," "We voted for Miller Dawkins and he don't do the other," They voted
for all five of us up here.
Commissioner Plummer: Sir, when you're ready, I'll give you all the papers
that you can use.
— Commissioner Dawkins: All right. I mean... But I'm just saying, you know, I
get tired of hearing them say, "Miller Dawkins didn't," when they voted for
everybody up here. So, whatever goes up here, Miller Dawkins is responsible
for one -fifth of it, whether it's good or bad.
Commissioner Plummer: Sir, it's not your fault that you can walk from City
Hall in less than five minutes and buy all the cocaine you want, you're only
limited by the dollars 1n your pocket. You don't have to go to Liberty City.
You don't have to go to Overtown. Go less than five minutes from where you're
sitting right here, where the two people were stabbed this morning at the
corner of Grand and Hibiscus, you can buy coke all day long.
Commissioner Alonso: That's right.
Commissioner Dawkins: Well, on the lath we will have a meeting.
Commissioner Plummer: I move we adjourn.
Commissioner Dawkins: Second.
283 February 9, 1993
T11ERE BUM mi FURTHER VUSIIO;SS TO COS BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:24 p.m.
ATTEST:
Natty Hi rali
CITY CLERK
Walter J. Foewn
ASSISTANT CITY CLERK
Xavier L. Suarez
MAYOR
7k INCOiBi96:1TEtS 40
284 February 9, 1993 _